TEXT OF AMENDMENTS; Congressional Record Vol. 167, No. 86
(Senate - May 18, 2021)

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[Pages S2581-S2743]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 1498. Mr. SASSE submitted an amendment intended to be proposed by 
him to the bill S. 1260, 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; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. __. AUTHORIZATION OF APPROPRIATIONS FOR THE DEFENSE 
                   ADVANCED RESEARCH PROJECTS AGENCY.

       Notwithstanding any other provision of law, there is 
     authorized to be appropriated for the Defense Advanced 
     Research Projects Agency $7,000,000,000 for each of fiscal 
     years 2022 through 2026.
                                 ______
                                 
  SA 1499. Mr. COTTON submitted an amendment intended to be proposed by 
him to the bill S. 1260, 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; which was ordered to lie on the table; as 
follows:

       At the end of title III of division B, add the following:

     SEC. 2309. PROHIBITION AGAINST FEDERAL FUNDING FOR FOREIGN 
                   ENTITIES OF CONCERN.

       (a) Ineligibility for Federal Funding.--Notwithstanding any 
     other provision of law, a foreign entity of concern (as 
     defined in section 2307(a)(1)) may not receive any Federal 
     funding under this division.
                                 ______
                                 
  SA 1500. Mr. GRASSLEY submitted an amendment intended to be proposed 
by him to the bill S. 1260, 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; which was ordered to lie on 
the table; as follows:

        At the appropriate place, insert the following:

     SEC. __. ENHANCED AUTHORITY TO SHARE INFORMATION WITH RESPECT 
                   TO MERCHANDISE SUSPECTED OF VIOLATING 
                   INTELLECTUAL PROPERTY RIGHTS.

       Section 628A of the Tariff Act of 1930 (19 U.S.C. 1628a) is 
     amended--
       (1) in subsection (a), by striking paragraph (1) and 
     inserting the following:
       ``(1) shall provide to the person information that appears 
     on the merchandise, including--
       ``(A) its packaging, materials, and containers, including 
     labels; and
       ``(B) its packing materials and containers, including 
     labels; and''; and
       (2) in subsection (b)--
       (A) in paragraph (3), by striking ``; and'' and inserting a 
     semicolon;
       (B) in paragraph (4), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(5) any other party with an interest in the merchandise, 
     as determined appropriate by the Commissioner.''.
                                 ______
                                 
  SA 1501. Mr. GRASSLEY submitted an amendment intended to be proposed 
by him to the bill S. 1260, 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; which was ordered to lie on 
the table; as follows:

        At the appropriate place, insert the following:

     SEC. __. REPORT ON ACHIEVING SUPPLY CHAIN TRANSPARENCY.

       Not later than 180 days after the date of the enactment of 
     this Act, the Commissioner of U.S. Customs and Border 
     Protection shall submit to Congress a report that--
       (1) assesses how limited supply chain visibility hinders 
     the ability of U.S. Customs and Border Protection to identify 
     and conduct enforcement actions with respect to articles 
     imported in violation of the customs and trade laws of the 
     United States, including articles produced with forced labor 
     or with respect to which unfair subsidies were provided;
       (2) identifies the types of information U.S. Customs and 
     Border Protection would require to achieve supply chain 
     transparency;
       (3) identifies the parties who would be required to submit 
     those types of information to U.S. Customs and Border 
     Protection;
       (4) assesses how U.S. Customs and Border Protection would 
     store and utilize that information; and
       (5) provides estimates of the costs to collect, store, and 
     utilize that information.
                                 ______
                                 
  SA 1502. Mr. SCHUMER proposed an amendment to the bill S. 1260, 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; as follows:

        Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``United 
     States Innovation and Competition Act of 2021''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.

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

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

                    DIVISION B--ENDLESS FRONTIER ACT

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

                 TITLE I--NSF TECHNOLOGY AND INNOVATION

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

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

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

                      TITLE III--RESEARCH SECURITY

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

[[Page S2582]]

                 TITLE IV--REGIONAL INNOVATION CAPACITY

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

                         TITLE V--MISCELLANEOUS

Sec. 2501. Strategy and report on economic security, science, research, 
              and innovation to support the national security strategy.
Sec. 2502. Person or entity of concern prohibition.
Sec. 2503. Study on emerging science and technology challenges faced by 
              the United States and recommendations to address them.
Sec. 2504. Report on global semiconductor shortage.
Sec. 2505. Supply chain resiliency program.
Sec. 2506. Semiconductor incentives.
Sec. 2507. Research Investment to Spark the Economy Act.
Sec. 2508. Office of Manufacturing and Industrial Innovation Policy.
Sec. 2509. Telecommunications Workforce Training Grant Program.
Sec. 2510. Country Of Origin Labeling Online Act.
Sec. 2511. Country of origin labeling for king crab and tanner crab.
Sec. 2512. Internet exchanges and submarine cables.
Sec. 2513. Study of sister city partnerships operating within the 
              United States involving foreign communities in countries 
              with significant public sector corruption.
Sec. 2514. 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. 2515. Limitation on nuclear cooperation with the People's Republic 
              of China.
Sec. 2516. Certification.
Sec. 2517. Fairness and due process in standards-setting bodies.
Sec. 2518. Shark fin sales elimination.
Sec. 2519. Sense of Congress on forced labor.
Sec. 2520. Open network architecture.
Sec. 2521. Combatting sexual harassment in science.
Sec. 2522. National Science Corps.
Sec. 2523. Annual report on foreign research.
Sec. 2524. Accelerating unmanned maritime systems research.
Sec. 2525. Foundation funding to institutions hosting or supporting 
              Confucius Institutes.
Sec. 2526. Supporting documents.
Sec. 2527. BASIC Research.

                        TITLE VI--SPACE MATTERS

                         Subtitle A--SPACE Act

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

Subtitle B--National Aeronautics and Space Administration Authorization 
                                  Act

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

                PART I--Authorization of Appropriations

Sec. 2613. Authorization of appropriations.

               PART II--Human Spaceflight and Exploration

Sec. 2614. Competitiveness within the human landing system program.
Sec. 2615. Space launch system configurations.
Sec. 2616. Advanced spacesuits.
Sec. 2617. Acquisition of domestic space transportation and logistics 
              resupply services.
Sec. 2618. Rocket engine test infrastructure.
Sec. 2619. Pearl River maintenance.
Sec. 2620. Value of International Space Station and capabilities in 
              low-Earth orbit.
Sec. 2621. Extension and modification relating to International Space 
              Station.
Sec. 2622. Department of Defense activities on International Space 
              Station.
Sec. 2623. Commercial development in low-Earth orbit.
Sec. 2624. Maintaining a national laboratory in space.
Sec. 2625. International Space Station national laboratory; property 
              rights in inventions.
Sec. 2626. Data first produced during non-NASA scientific use of the 
              ISS national laboratory.
Sec. 2627. Payments received for commercial space-enabled production on 
              the ISS.
Sec. 2628. Stepping stone approach to exploration.
Sec. 2629. Technical amendments relating to Artemis missions.

                           PART III--Science

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

                          PART IV--Aeronautics

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

                        PART V--Space Technology

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

                        PART VI--STEM Engagement

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

                PART VII--Workforce and Industrial Base

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

                  PART VIII--Miscellaneous Provisions

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

             DIVISION C--STRATEGIC COMPETITION ACT OF 2021

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

               TITLE I--INVESTING IN A COMPETITIVE FUTURE

                   Subtitle A--Science and Technology

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

        Subtitle B--Global Infrastructure and Energy Development

Sec. 3111. Appropriate committees of Congress defined.

[[Page S2583]]

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

            Subtitle C--Digital Technology and Connectivity

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

    Subtitle D--Countering Chinese Communist Party Malign Influence

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

           TITLE II--INVESTING IN ALLIANCES AND PARTNERSHIPS

              Subtitle A--Strategic and Diplomatic Matters

Sec. 3201. Appropriate committees of Congress defined.
Sec. 3202. United States commitment and support for allies and partners 
              in the Indo-Pacific.
Sec. 3203. Sense of Congress on cooperation with the Quad.
Sec. 3204. Establishment of Quad Intra-Parliamentary Working Group.
Sec. 3205. Statement of policy on cooperation with ASEAN.
Sec. 3206. Sense of Congress on enhancing United States-ASEAN 
              cooperation on technology issues with respect to the 
              People's Republic of China.
Sec. 3207. Report on Chinese influence in international organizations.
Sec. 3208. Regulatory exchanges with allies and partners.
Sec. 3209. Technology partnership office at the Department of State.
Sec. 3210. United States representation in standards-setting bodies.
Sec. 3211. Sense of Congress on centrality of sanctions and other 
              restrictions to strategic competition with China.
Sec. 3212. Sense of Congress on negotiations with G7 and G20 countries.
Sec. 3213. Enhancing the United States-Taiwan partnership.
Sec. 3214. Taiwan Fellowship Program.
Sec. 3215. Treatment of Taiwan government.
Sec. 3216. Taiwan symbols of sovereignty.
Sec. 3217. Report on origins of the COVID-19 pandemic.
Sec. 3218. Enhancement of diplomatic support and economic engagement 
              with Pacific island countries.
Sec. 3219. Increasing Department of State personnel and resources 
              devoted to the Indo-Pacific.
Sec. 3219A. Advancing United States leadership in the United Nations 
              System.
Sec. 3219B. Asia Reassurance Initiative Act of 2018.
Sec. 3219C. Statement of policy on need for reciprocity in the 
              relationship between the United States and the People's 
              Republic of China.
Sec. 3219D. Opposition to provision of assistance to People's Republic 
              of China by Asian Development Bank.
Sec. 3219E. Opposition to provision of assistance to People's Republic 
              of China by International Bank for Reconstruction and 
              Development.
Sec. 3219F. United States policy on Chinese and Russian government 
              efforts to undermine the United Nations Security Council 
              action on human rights.
Sec. 3219G. Deterring PRC use of force against Taiwan.
Sec. 3219H. Strategy to respond to sharp power operations targeting 
              Taiwan.
Sec. 3219I. Study and report on bilateral efforts to address Chinese 
              fentanyl trafficking.
Sec. 3219J. Investment, trade, and development in Africa and Latin 
              America and the Caribbean.
Sec. 3219K. Facilitation of increased equity investments under the 
              Better Utilization of Investments Leading to Development 
              Act of 2018.

               Subtitle B--International Security Matters

Sec. 3221. Definitions.
Sec. 3222. Findings.
Sec. 3223. Sense of Congress regarding bolstering security partnerships 
              in the Indo-Pacific.
Sec. 3224. Statement of policy.
Sec. 3225. Foreign military financing in the Indo-Pacific and 
              authorization of appropriations for Southeast Asia 
              maritime security programs and diplomatic outreach 
              activities.
Sec. 3226. Foreign military financing compact pilot program in the 
              Indo-Pacific.
Sec. 3227. Additional funding for international military education and 
              training in the Indo-Pacific.
Sec. 3228. Prioritizing excess defense article transfers for the Indo-
              Pacific.
Sec. 3229. Prioritizing excess naval vessel transfers for the Indo-
              Pacific.
Sec. 3230. Statement of policy on maritime freedom of operations in 
              international waterways and airspace of the Indo-Pacific 
              and on artificial land features in the South China Sea.
Sec. 3231. Report on capability development of Indo-Pacific allies and 
              partners.
Sec. 3232. Report on national technology and industrial base.
Sec. 3233. Report on diplomatic outreach with respect to Chinese 
              military installations overseas.
Sec. 3234. Statement of policy regarding universal implementation of 
              United Nations sanctions on North Korea.
Sec. 3235. Limitation on assistance to countries hosting Chinese 
              military installations.

  Subtitle C--Regional Strategies to Counter the People's Republic of 
                                 China

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

                       PART I--Western Hemisphere

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

                    PART II--Transatlantic Alliance

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

                    PART III--South and Central Asia

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

                            PART IV--Africa

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

[[Page S2584]]

                  PART V--Middle East and North Africa

Sec. 3281. Strategy to counter Chinese influence in, and access to, the 
              Middle East and North Africa.
Sec. 3282. Sense of Congress on Middle East and North Africa 
              engagement.

                         PART VI--Arctic Region

Sec. 3285. Arctic diplomacy.

                           PART VII--Oceania

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

                   TITLE III--INVESTING IN OUR VALUES

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

             TITLE IV--INVESTING IN OUR ECONOMIC STATECRAFT

Sec. 3401. Findings and sense of Congress regarding the PRC's 
              industrial policy.
Sec. 3402. Intellectual property violators list.
Sec. 3403. Government of the People's Republic of China subsidies list.
Sec. 3404. Countering foreign corrupt practices.
Sec. 3405. Debt relief for countries eligible for assistance from the 
              International Development Association.
Sec. 3406. Report on manner and extent to which the Government of the 
              People's Republic of China exploits Hong Kong to 
              circumvent United States laws and protections.
Sec. 3407. Annual review on the presence of Chinese companies in United 
              States capital markets.
Sec. 3408. Economic defense response teams.

                  TITLE V--ENSURING STRATEGIC SECURITY

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

   DIVISION D--HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS COMMITTEE 
                               PROVISIONS

Sec. 4001. Short title; table of contents.

         TITLE I--ENSURING DOMESTIC MANUFACTURING CAPABILITIES

                 Subtitle A--Build America, Buy America

Sec. 4101. Short title.

               PART I--Buy America Sourcing Requirements

Sec. 4111. Findings.
Sec. 4112. Definitions.
Sec. 4113. Identification of deficient programs.
Sec. 4114. Application of Buy America preference.
Sec. 4115. OMB guidance and standards.
Sec. 4116. Technical assistance partnership and consultation supporting 
              Department of Transportation Buy America requirements.
Sec. 4117. Application.

                      PART II--Make It in America

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

                      Subtitle B--BuyAmerican.gov

Sec. 4131. Short title.
Sec. 4132. Definitions.
Sec. 4133. Sense of Congress on buying American.
Sec. 4134. Assessment of impact of free trade agreements.
Sec. 4135. Judicious use of waivers.
Sec. 4136. Establishment of BuyAmerican.gov website.
Sec. 4137. Waiver Transparency and Streamlining for contracts.
Sec. 4138. Comptroller General report.
Sec. 4139. Rules of construction.
Sec. 4140. Consistency with international agreements.
Sec. 4141. Prospective amendments to internal cross-references.

                    Subtitle C--Make PPE in America

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

              TITLE II--CYBER AND ARTIFICIAL INTELLIGENCE

                   Subtitle A--Advancing American AI

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

                Subtitle B--Cyber Response and Recovery

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

                          TITLE III--PERSONNEL

          Subtitle A--Facilitating Federal Employee Reskilling

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

         Subtitle B--Federal Rotational Cyber Workforce Program

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

                        TITLE IV--OTHER MATTERS

       Subtitle A--Ensuring Security of Unmanned Aircraft Systems

Sec. 4401. Short title.
Sec. 4402. Definitions.
Sec. 4403. Prohibition on procurement of covered unmanned aircraft 
              systems from covered foreign entities.
Sec. 4404. Prohibition on operation of covered unmanned aircraft 
              systems from covered foreign entities.
Sec. 4405. Prohibition on use of Federal funds for purchases and 
              operation of covered unmanned aircraft systems from 
              covered foreign entities.
Sec. 4406. Prohibition on use of Government-issued Purchase Cards to 
              purchase covered unmanned aircraft systems from covered 
              foreign entities.
Sec. 4407. Management of existing inventories of covered unmanned 
              aircraft systems from covered foreign entities.
Sec. 4408. Comptroller General report.
Sec. 4409. Government-wide policy for procurement of unmanned aircraft 
              systems.
Sec. 4410. Study.
Sec. 4411. Sunset.

              Subtitle B--No TikTok on Government Devices

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

                  Subtitle C--National Risk Management

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

              Subtitle D--Safeguarding American Innovation

Sec. 4491. Short title.
Sec. 4492. Definitions.
Sec. 4493. Federal Research Security Council.

[[Page S2585]]

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

          DIVISION E--MEETING THE CHINA CHALLENGE ACT OF 2021

Sec. 5001. Short title; table of contents.

                      TITLE I--FINANCIAL SERVICES

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

          TITLE II--PROTECTING UNITED STATES NATIONAL SECURITY

    Subtitle A--Sanctions With Respect to People's Republic of China

Sec. 5201. Definitions.
Sec. 5202. Use of sanctions authorities with respect to the People's 
              Republic of China.
Sec. 5203. Imposition of sanctions with respect to activities of the 
              People's Republic of China undermining cybersecurity, 
              including cyber attacks on United States Government or 
              private sector networks.
Sec. 5204. Imposition of sanctions with respect to theft of trade 
              secrets of United States persons.
Sec. 5205. Implementation; penalties.
Sec. 5206. Exceptions.

          Subtitle B--Export Control Review And Other Matters

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

                           TITLE III--REPORTS

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

                       DIVISION F--OTHER MATTERS

Sec. 6001. Table of contents.

    TITLE I--COMPETITIVENESS AND SECURITY FOR EDUCATION AND MEDICAL 
                                RESEARCH

      Subtitle A--Department of Health and Human Services Programs

Sec. 6101. Foreign talent programs.
Sec. 6102. Securing identifiable, sensitive information.
Sec. 6103. Duties of the Director.
Sec. 6104. Protecting America's biomedical research enterprise.
Sec. 6105. GAO Study.
Sec. 6106. Report on progress to address undue foreign influence.

             Subtitle B--Elementary and Secondary Education

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

                      Subtitle C--Higher Education

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

            TITLE II--COMMITTEE ON THE JUDICIARY PROVISIONS

Sec. 6201. Short title.
Sec. 6202. Premerger notification filing fees.
Sec. 6203. Authorization of appropriations.

                        TITLE III--MISCELLANEOUS

Sec. 6301. Enhancing entrepreneurship for the 21st century.

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

     SEC. 1001. TABLE OF CONTENTS.

       The table of contents for this division is as follows:

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

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

     SEC. 1002. CREATING HELPFUL INCENTIVES TO PRODUCE 
                   SEMICONDUCTORS (CHIPS) FOR AMERICA FUND.

       (a) CHIPS for America Fund.--
       (1) Establishment.--There is established in the Treasury of 
     the United States a fund to be known as the ``Creating 
     Helpful Incentives to Produce Semiconductors (CHIPS) for 
     America Fund'' (referred to in this subsection as the 
     ``Fund'') for the Secretary of Commerce to carry out sections 
     9902 and 9906 of the William M. (Mac) Thornberry National 
     Defense Authorization Act for Fiscal Year 2021 (Public Law 
     116-283). Amounts in the Fund to carry out section 9906 of 
     Public Law 116-283 shall be transferred to and merged with ac 
     counts within the Department of Commerce to be used for such 
     purposes.
       (2) Appropriation.--
       (A) In addition to amounts otherwise available for such 
     purposes, there is appropriated to the Fund established in 
     subsection (a)(1), out of amounts in the Treasury not 
     otherwise appropriated--
       (i) for fiscal year 2022, $24,000,000,000, to remain 
     available until expended, of which $19,000,000,000 shall be 
     for section 9902 of Public Law 116-283, $2,000,000,000 shall 
     be for subsection (c) of section 9906 of Public Law 116-283, 
     $2,500,000,000 shall be for subsection (d) of section 9906 of 
     Public Law 116-283, and $500,000,000 shall be for subsections 
     (e) and (f) of section 9906 of Public Law 116-283;
       (ii) for fiscal year 2023, $7,000,000,000 to remain 
     available until expended, of which $5,000,000,000 shall be 
     for section 9902 of Public Law 116-283 and $2,000,000,000 
     shall be for subsections (c), (d), (e), and (f) of section 
     9906 of Public Law 116-283;
       (iii) for fiscal year 2024, $6,300,000,000, to remain 
     available until expended, of which $5,000,000,000 shall be 
     for section 9902 of Public Law 116-283 and $1,300,000,000 
     shall be for subsections (c), (d), (e), and (f) of section 
     9906 of Public Law 116-283;
       (iv) for fiscal year 2025, $6,100,000,000, to remain 
     available until expended, of which $5,000,000,000 shall be 
     for section 9902 of Public Law 116-283 and $1,100,000,000 
     shall be for subsections (c), (d), (e), and (f) of section 
     9906 of Public Law 116-283; and
       (v) for fiscal year 2026, $6,800,000,000, to remain 
     available until expended, of which $5,000,000,000 shall be 
     for section 9902 of Public Law 116- 283 and $1,800,000,000 
     shall be for subsections (c), (d), (e), and (f) of section 
     9906 of Public Law 116-283.
       (B) In carrying out this subsection, the Secretary of 
     Commerce may use up to 2 percent of the amounts made 
     available in each fiscal year for salaries and expenses, 
     administration, and oversight purposes, of which $5,000,000 
     in each of fiscal years 2022 through 2026 shall be 
     transferred to the Office of Inspector General of the 
     Department of Commerce to oversee expenditures from the Fund.
       (3) Assistance for mature technology nodes.--
       (A) Of the amount available in fiscal year 2022 to 
     implement section 9902 of Public Law 116-283, $2,000,000,000 
     shall be to provide 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.
       (B) In addition to the procedures, eligibility, and 
     considerations for review specified in subsection 9902(a)(2) 
     of Public Law 116-283, in order to for an entity to qualify 
     to receive Federal financial assistance under this paragraph, 
     the covered entity shall--
       (i)(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; and

[[Page S2586]]

       (ii) commit to using any Federal financial assistance 
     received under this section to increase the production of 
     semiconductors at mature technology nodes.
       (C) ln addition to the considerations described in 
     subsection 9902(a)(2)(C) of Public Law 116-283, in granting 
     Federal financial assistance under this paragraph, 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.
       (D) ln awarding Federal financial assistance to covered 
     entities under this paragraph, the Secretary shall give 
     priority to covered entities that support the resiliency of 
     semiconductor supply chains for critical manufacturing 
     industries in the United States.
       (E) In this paragraph, the term ``critical manufacturing 
     industry''--
       (i) means an industry that is assigned a North American 
     Industry Classification System code beginning with 31, 32, or 
     33, and 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

       (ii) 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.
       (F) In this paragraph, the term ``mature technology node'' 
     has the meaning given the term by the Secretary of Commerce.
       (4) Allocation authority.--
       (A) Submission of cost estimates.--The President shall 
     submit to Congress detailed account, program, and project 
     allocations of the full amount made available under 
     subsection (a)(2)--
       (i) for fiscal year 2022, not later than 90 days after the 
     date of enactment of this Act; and
       (ii) for each fiscal year through 2026, as part of the 
     annual budget submission of the President under section 
     1105(a) of title 31, United States Code.
       (B) Alternate allocation.--
       (i) In general.--The Committees on Appropriations of the 
     House of Representatives and the Senate may provide for 
     alternate allocation of amounts made available under 
     subsection (a)(2), including by account, program, and 
     project.
       (ii) Allocation by president.--

       (I) No alternate allocations.--If Congress has not enacted 
     legislation establishing alternate allocations, including by 
     account, program, and project, by the date on which the Act 
     making full-year appropriations for the Department of 
     Commerce, Justice, Science, and Related Agencies for the 
     applicable fiscal year is enacted into law, only then shall 
     amounts made available under subsection (a)(2) be allocated 
     by the President or apportioned or allotted by account, 
     program, and project pursuant to title 31, United States 
     Code.
       (II) Insufficient alternate allocation.--If Congress enacts 
     legislation establishing alternate allocations, including by 
     account, program, and project, for amounts made available 
     under subsection (a)(2) that are less than the full amount 
     appropriated under that subsection, the difference between 
     the amount appropriated and the alternate allocation shall be 
     allocated by the President and apportioned and allotted by 
     account, program, and project pursuant to title 31, United 
     States Code.

       (b) Chips for America Defense Fund.--
       (1) Establishment.--There is established in the Treasury of 
     the United States a fund to be known as the ``Creating 
     Helpful Incentives to Produce Semiconductors (CHIPS) for 
     America Defense Fund'' (referred to in this subsection as the 
     ``Fund'') to provide for research, development, test and 
     evaluation, workforce development, and other requirements 
     that are unique to the Department of Defense and the 
     intelligence community, including those requirements that are 
     necessary to carry out section 9903(b) of the William M. 
     (Mac) Thornberry National Defense Authorization Act for 
     Fiscal Year 2021 (Public Law 116-283). Amounts in the Fund 
     shall be transferred to and merged with accounts within the 
     Department of Defense to be used for such purposes. Amounts 
     in the Fund or transferred to and merged with accounts within 
     the Department of Defense may not be used for construction of 
     facilities.
       (2) Appropriation.--In addition to amounts otherwise 
     available for such purposes, there is appropriated to the 
     Fund established in subsection (b)(1), out of amounts in the 
     Treasury not otherwise appropriated--
       (A) for fiscal year 2022, $400,000,000, to remain available 
     until September 30, 2022;
       (B) for fiscal year 2023, $400,000,000, to remain available 
     until September 30, 2023;
       (C) for fiscal year 2024, $400,000,000, to remain available 
     until September 30, 2024;
       (D) for fiscal year 2025, $400,000,000, to remain available 
     until September 30, 2025; and
       (E) for fiscal year 2026, $400,000,000, to remain available 
     until September 30, 2026.
       (3) Allocation authority.--
       (A) Submission of cost estimates.--The President shall 
     submit to Congress detailed account, program element, and 
     project allocations of the full amount made available under 
     subsection (b)(2)--
       (i) for fiscal year 2022, not later than 90 days after the 
     date of enactment of this Act; and
       (ii) for each fiscal year through 2026, as part of the 
     annual budget submission of the President under section 
     1105(a) of title 31, United States Code.
       (B) Alternate allocation.--
       (i) In general.--The Committees on Appropriations of the 
     House of Representatives and the Senate may provide for 
     alternate allocation of amounts made available under 
     subsection (b)(2), including by account, program element, and 
     project.
       (ii) Allocation by president.--

       (I) No alternate allocations.--If Congress has not enacted 
     legislation establishing alternate allocations, including by 
     account, program element, and project, by the date on which 
     the Act making full-year appropriations for the Department of 
     Defense for the applicable fiscal year is enacted into law, 
     only then shall amounts made available under subsection 
     (b)(2) be allocated by the President or apportioned or 
     allotted by account, program element, and project pursuant to 
     title 31, United States Code.
       (II) Insufficient alternate allocation.--If Congress enacts 
     legislation establishing alternate allocations, including by 
     account, program element, and project, for amounts made 
     available under subsection (b)(2) that are less than the full 
     amount appropriated under that subsection, the difference 
     between the amount appropriated and the alternate allocation 
     shall be allocated by the President and apportioned and 
     allotted by account, program element, and project pursuant to 
     title 31, United States Code.

       (c) Chips for America International Technology Security and 
     Innovation Fund.--
       (1) Establishment.--There is established in the Treasury of 
     the United States a fund to be known as the ``Creating 
     Helpful Incentives to Produce Semiconductors (CHIPS) for 
     America International Technology Security and Innovation 
     Fund'' (referred to in this subsection as the ``Fund'') to 
     provide for international information and communications 
     technology security and semiconductor supply chain 
     activities, including to support the development and adoption 
     of secure and trusted telecommunications technologies, secure 
     semiconductors, secure semiconductors supply chains, and 
     other emerging technologies and to carry out sections 9905 
     and 9202(a)(2) of the William M. (Mac) Thornberry National 
     Defense Authorization Act for Fiscal Year 2021 (Public Law 
     116-283), as appropriate. Amounts in the Fund shall be 
     transferred by the Secretary of State to accounts within the 
     Department of State, the United States Agency for 
     International Development, the Export-Import Bank, and the 
     United States International Development Finance Corporation, 
     as appropriate, to be used for such purposes and under the 
     terms and conditions of the account to which transferred.
       (2) Appropriation.--
       (A) In addition to amounts otherwise available for such 
     purposes, there is appropriated to the Fund established in 
     subsection (c)(1), out of amounts in the Treasury not 
     otherwise appropriated--
       (i) for fiscal year 2022, $100,000,000, to remain available 
     until September 30, 2026;
       (ii) for fiscal year 2023, $100,000,000, to remain 
     available until September 30, 2027;
       (iii) for fiscal year 2024, $100,000,000, to remain 
     available until September 30, 2028;
       (iv) for fiscal year 2025, $100,000,000, to remain 
     available until September 30, 2029; and
       (v) for fiscal year 2026, $100,000,000, to remain available 
     until September 30, 2030.
       (B) In carrying out this subsection, the Secretary of State 
     may use up to $5,000,000 of the amounts made available in 
     each fiscal year for the Fund for salaries and expenses, 
     administration, and oversight purposes, of which $500,000 in 
     each of fiscal years 2022 through 2026 shall be transferred 
     to the Office of Inspector General of the Department of State 
     to oversee expenditures under the Fund.
       (3) Allocation authority.--
       (A) Submission of cost estimates.--The President shall 
     submit to Congress detailed account, program, project, and 
     activity allocations of the full amount made available under 
     subsection (c)(2)--
       (i) for fiscal year 2022, not later than 90 days after the 
     date of enactment of this Act; and
       (ii) for each fiscal year through 2026, as part of the 
     annual budget submission of the President under section 
     1105(a) of title 31, United States Code.
       (B) Alternate allocation.--
       (i) In general.--The Committees on Appropriations of the 
     House of Representatives and the Senate may provide for 
     alternate allocation of amounts made available under 
     subsection (c)(2), including by account, program, project, 
     and activity.
       (ii) Allocation by president.--

       (I) No alternate allocations.--If Congress has not enacted 
     legislation establishing alternate allocations, including by 
     account, program, project, and activity, by the date on which 
     the Act making full-year appropriations for the Department of 
     State, Foreign Operations, and Related Programs for the 
     applicable fiscal year is enacted into

[[Page S2587]]

     law, only then shall amounts made available under subsection 
     (c)(2) be allocated by the President or apportioned or 
     allotted by account, program, project, and activity pursuant 
     to title 31, United States Code.
       (II) Insufficient alternate allocation.--If Congress enacts 
     legislation establishing alternate allocations, including by 
     account, program, project, and activity, for amounts made 
     available under subsection (c)(2) that are less than the full 
     amount appropriated under that subsection, the difference 
     between the amount appropriated and the alternate allocation 
     shall be allocated by the President and apportioned and 
     allotted by account, program, project, and activity pursuant 
     to title 31, United States Code.

       (d) Sequestration.--Section 255(g)(1)(A) of the Balanced 
     Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 
     905(g)(1)(A)) is amended by inserting after ``Continuing 
     Fund, Southwestern Power Administration (89-5649-0-2-271).'' 
     the following:
       ``Creating Helpful Incentives to Produce Semiconductors 
     (CHIPS) for America Fund.
       ``Creating Helpful Incentives to Produce Semiconductors 
     (CHIPS) for America Defense Fund.
       ``Creating Helpful Incentives to Produce Semiconductors 
     (CHIPS) for America International Technology Security and 
     Innovation Fund.''.
       (e) Emergency Designation.--
       (1) In general.--The amounts provided under this section 
     are designated as an emergency requirement pursuant to 
     section 4(g) of the Statutory Pay-As-You-Go Act of 2010 (2 
     U.S.C. 933(g)).
       (2) Designation in senate.--In the Senate, this section is 
     designated as an emergency requirement pursuant to section 
     4112(a) of H. Con. Res. 71 (115th Congress), the concurrent 
     resolution on the budget for fiscal year 2018.

     SEC. 1003. APPROPRIATIONS FOR WIRELESS SUPPLY CHAIN 
                   INNOVATION.

       (a) Direct Appropriations.--In addition to amounts 
     otherwise available for such purposes, there is appropriated 
     to the Public Wireless Supply Chain Innovation Fund 
     established under section 9202(a)(1) of the William M. (Mac) 
     Thornberry National Defense Authorization Act for Fiscal Year 
     2021 (Public Law 116-283), out of amounts in the Treasury not 
     otherwise appropriated, $1,500,000,000 for fiscal year 2022, 
     to remain available through September 30, 2031.
       (b) Use of Funds, Administration, and Oversight.--Of the 
     amounts made available under subsection (a)--
       (1) not more than 5 percent of the amounts allocated 
     pursuant to subsection (c) in a given fiscal year may be used 
     by the Assistant Secretary of Commerce for Communications and 
     Information to administer the programs funded from the Public 
     Wireless Supply Chain Innovation Fund; and
       (2) not less than $2,000,000 per fiscal year shall be 
     transferred to the Office of Inspector General of the 
     Department of Commerce for oversight related to activities 
     conducted using amounts provided under this section.
       (c) Allocation Authority.--
       (1) Submission of cost estimates.--The President shall 
     submit to Congress detailed account, program, and project 
     allocations of the amount recommended for allocation in a 
     fiscal year from amounts made available under subsection 
     (a)--
       (A) for fiscal year 2022, not later than 90 days after the 
     date of enactment of this Act; and
       (B) for each subsequent fiscal year through 2031, as part 
     of the annual budget submission of the President under 
     section 1105(a) of title 31, United States Code.
       (2) Alternate allocation.--
       (A) In general.--The Committees on Appropriations of the 
     House of Representatives and the Senate may provide for 
     alternate allocation of amounts recommended for allocation in 
     a given fiscal year from amounts made available under 
     subsection (a), including by account, program, and project.
       (B) Allocation by president.--
       (i) No alternate allocations.--If Congress has not enacted 
     legislation establishing alternate allocations, including by 
     account, program, and project, by the date on which the Act 
     making full-year appropriations for the Departments of 
     Commerce and Justice, Science, and Related Agencies for the 
     applicable fiscal year is enacted into law, only then shall 
     amounts recommended for allocation for that fiscal year from 
     amounts made available under subsection (a) be allocated by 
     the President or apportioned or allotted by account, program, 
     and project pursuant to title 31, United States Code.
       (ii) Insufficient alternate allocation.--If Congress enacts 
     legislation establishing alternate allocations, including by 
     account, program, and project, for amounts recommended for 
     allocation in a given fiscal year from amounts made available 
     under subsection (a) that are less than the full amount 
     recommended for allocation for that fiscal year, the 
     difference between the amount recommended for allocation and 
     the alternate allocation shall be allocated by the President 
     and apportioned and allotted by account, program, and project 
     pursuant to title 31, United States Code.
       (d) Sequestration.--Section 255(g)(1)(A) of the Balanced 
     Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 
     905(g)(1)(A)) is amended by inserting after ``Postal Service 
     Fund (18-4020-0-3-372).'' the following:
       ``Public Wireless Supply Chain Innovation Fund.''.
       (e) Emergency Designation.--
       (1) In general.--The amounts provided under this section 
     are designated as an emergency requirement pursuant to 
     section 4(g) of the Statutory Pay-As-You-Go Act of 2010 (2 
     U.S.C. 933(g)).
       (2) Designation in senate.--In the Senate, this section is 
     designated as an emergency requirement pursuant to section 
     4112(a) of H. Con. Res. 71 (115th Congress), the concurrent 
     resolution on the budget for fiscal year 2018.

                    DIVISION B--ENDLESS FRONTIER ACT

     SEC. 2001. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This division may be cited as the 
     ``Endless Frontier Act''.
       (b) Table of Contents.--The table of contents of this 
     division is as follows:

                    DIVISION B--ENDLESS FRONTIER ACT

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

                 TITLE I--NSF TECHNOLOGY AND INNOVATION

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

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

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

                      TITLE III--RESEARCH SECURITY

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

                 TITLE IV--REGIONAL INNOVATION CAPACITY

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

                         TITLE V--MISCELLANEOUS

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

[[Page S2588]]

Sec. 2512. Internet exchanges and submarine cables.
Sec. 2513. Study of sister city partnerships operating within the 
              United States involving foreign communities in countries 
              with significant public sector corruption.
Sec. 2514. 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. 2515. Limitation on nuclear cooperation with the People's Republic 
              of China.
Sec. 2516. Certification.
Sec. 2517. Fairness and due process in standards-setting bodies.
Sec. 2518. Shark fin sales elimination.
Sec. 2519. Sense of Congress on forced labor.
Sec. 2520. Open network architecture.
Sec. 2521. Combatting sexual harassment in science.
Sec. 2522. National Science Corps.
Sec. 2523. Annual report on foreign research.
Sec. 2524. Accelerating Unmanned Maritime Systems Research.
Sec. 2525. Foundation funding to institutions hosting or supporting 
              confucius institutes.
Sec. 2526. Supporting documents.
Sec. 2527. BASIC Research.

                        TITLE VI--SPACE MATTERS

                         Subtitle A--SPACE Act

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

Subtitle B--National Aeronautics and Space Administration Authorization 
                                  Act

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

                PART I--Authorization of Appropriations

Sec. 2613. Authorization of appropriations.

               PART II--Human Spaceflight and Exploration

Sec. 2614. Competitiveness within the human landing system program.
Sec. 2615. Space launch system configurations.
Sec. 2616. Advanced spacesuits.
Sec. 2617. Acquisition of domestic space transportation and logistics 
              resupply services.
Sec. 2618. Rocket engine test infrastructure.
Sec. 2619. Pearl River maintenance.
Sec. 2620. Value of International Space Station and capabilities in 
              low-Earth orbit.
Sec. 2621. Extension and modification relating to International Space 
              Station.
Sec. 2622. Department of Defense activities on International Space 
              Station.
Sec. 2623. Commercial development in low-Earth orbit.
Sec. 2624. Maintaining a national laboratory in space.
Sec. 2625. International Space Station national laboratory; property 
              rights in inventions.
Sec. 2626. Data first produced during non-NASA scientific use of the 
              ISS national laboratory.
Sec. 2627. Payments received for commercial space-enabled production on 
              the ISS.
Sec. 2628. Stepping stone approach to exploration.
Sec. 2629. Technical amendments relating to Artemis missions.

                           PART III--Science

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

                          PART IV--Aeronautics

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

                        PART V--Space Technology

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

                        PART VI--STEM Engagement

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

                PART VII--Workforce and Industrial Base

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

                  PART VIII--Miscellaneous Provisions

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

     SEC. 2002. DEFINITIONS.

       Unless otherwise specified, in this division:
       (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 2102.
       (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 division, 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 2005.
       (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) National laboratory.--The term ``National 
     Laboratory'', without respect to capitalization, has the 
     meaning given the term in section 2 of the Energy Policy Act 
     of 2005 (42 U.S.C. 15801).
       (12) STEM.--The term ``STEM'' means the academic and 
     professional disciplines of science, technology, engineering, 
     and mathematics, including computer science.

[[Page S2589]]

  


     SEC. 2003. SENSE OF CONGRESS.

       It is the sense of Congress that--
       (1) the National Science Foundation, the Department of 
     Energy and its National Laboratories, 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.

     SEC. 2004. 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 seek 
     to 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 2104 and test beds under section 2108 under this 
     division;
       (2) the activities of the Department of Commerce under this 
     division, including regional technology hubs under section 28 
     of the Stevenson-Wydler Act of 1980 (15 U.S.C. 13701 et 
     seq.), as added by section 2401 of this division, 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, 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 division--
       (A) conduct an initial review of Federal programs and 
     resources with respect to the key technology focus areas 
     identified pursuant to section 2005(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) submit a report regarding the review described in 
     subparagraph (A) to Congress; and
       (C) seek stakeholder input and recommendations in the 
     course of such review; and
       (2) shall carry out the annual reviews and updates required 
     under section 2005.
       (e) 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.

     SEC. 2005. 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 and industrial efficiency technologies, 
     such as batteries and advanced nuclear technologies, 
     including but not limited to 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 2004 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 division.
       (b) Annual Review.--As part of the annual review and update 
     process required by section 2005(a)(2), the Director of the 
     National Science Foundation and the Secretary of Energy, in 
     coordination with the interagency working group established 
     under section 2004--
       (1) shall consider input from relevant industries;
       (2) may consider the challenges and recommendations 
     identified in the report required by section 2503 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.--At the conclusion of the annual review and 
     update process required by section 2005(a)(2), the Director 
     and the Secretary of Energy shall 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) 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 division, 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) National Academies.--Not later than 5 years after the 
     date of enactment of this division, the Director shall 
     contract with the National Academies of Sciences, 
     Engineering, and Medicine to conduct a review of the key 
     technology focus areas, including whether Federal investment 
     in the key technology focus areas have resulted in new 
     domestic manufacturing capacity and job creation.

                 TITLE I--NSF TECHNOLOGY AND INNOVATION

     SEC. 2101. DEFINITIONS.

       In this title:
       (1) Designated country.--
       (A) In general.--The term ``designated country''--
       (i) except as provided in clause (ii), means--

[[Page S2590]]

       (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 
     division, 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 2 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)).

     SEC. 2102. 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 division, 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.

     SEC. 2103. 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,

[[Page S2591]]

     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.

     SEC. 2104. 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 2102(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 added by section 2401 of this 
     division.
       (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 
     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 added by section 
     2401 of this division;
       (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;
       (X) binational research and development foundations and 
     funds, excluding foreign entities of concern, as defined in 
     section 2307; and
       (XI) Engineer Research and Development Center laboratories 
     of the Army Corps of Engineers.

       (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.

     SEC. 2105. 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.

     SEC. 2106. 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,

[[Page S2592]]

     including those institutions or consortia involved in 
     operating university technology centers established under 
     section 2104(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 
     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.

     SEC. 2107. 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.

     SEC. 2108. 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, the 
     Secretary of Energy, 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 
     2104(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, the Secretary of Energy, 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.

     SEC. 2109. 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

[[Page S2593]]

       (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.

     SEC. 2110. 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 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 2104 under section 2116 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.

     SEC. 2111. 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

[[Page S2594]]

     to facilitate and support the provision of such technical 
     assistance; and
       (3) enter into contracts with third parties to provide such 
     technical assistance.

     SEC. 2112. COORDINATION OF ACTIVITIES.

       (a) In General.--In carrying out the activities of the 
     Directorate, the Director shall coordinate and work 
     cooperatively with the Secretary of Energy, the Director of 
     the National Institute of Standards and Technology, and the 
     heads of other Federal research agencies, as appropriate, to 
     further the goals of this title in the key technology focus 
     areas.
       (b) Avoid Duplication.--The Director shall ensure, to the 
     greatest extent practicable, 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 
     division, the Director shall coordinate with the Interagency 
     Working Group and heads of other Federal research agencies to 
     ensure these activities enhance and complement, but do not 
     constitute unnecessary duplication of effort and to ensure 
     the responsible stewardship of funds.
       (c) Comptroller General Report.--Not later than 3 years 
     after the date of enactment of this division, the Comptroller 
     General of the United States shall prepare and submit a 
     report to Congress, and shall simultaneously submit the 
     report to the Director, the Director of the Office of Science 
     and Technology Policy, and the Secretary of Energy 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.

     SEC. 2113. REPORTING REQUIREMENTS.

       (a) Reports.--Not later than 1 year after the date of 
     enactment of this division 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 and the 
     Secretary of Energy shall formally request a joint 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.''.

     SEC. 2114. 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 2106 under section 2116 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.

     SEC. 2115. 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 division (or an amendment made by this division), shall 
     not be transferred to--
       (1) any foreign entity of concern, as defined in section 
     2307(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.

     SEC. 2116. 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 $1,000,000,000 shall be for STEM education and related 
     activities, including workforce activities under section 
     2202; 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 2104;
       (ii) $324,000,000 shall be for scholarships, fellowships, 
     and other activities under section 2106;
       (iii) $252,000,000 shall be for academic technology 
     transfer under section 2109;
       (iv) $180,000,000 shall be for test beds under section 
     2108;
       (v) $270,000,000 shall be for research and development 
     activities under section 2107; 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 2102(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 
     2202; 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 2104;
       (ii) $576,000,000 shall be for scholarships, fellowships, 
     and other activities under section 2106;

[[Page S2595]]

       (iii) $448,000,000 shall be for academic technology 
     transfer under section 2109;
       (iv) $320,000,000 shall be for test beds under section 
     2108;
       (v) $480,000,000 shall be for research and development 
     activities under section 2107; 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 2102(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 2202; 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 2104;
       (ii) $1,134,000,000 shall be for scholarships, fellowships, 
     and other activities under section 2106;
       (iii) $882,000,000 shall be for academic technology 
     transfer under section 2109;
       (iv) $630,000,000 shall be for test beds under section 
     2108;
       (v) $945,000,000 shall be for research and development 
     activities under section 2107; 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 2102(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 2202; 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 2104;
       (ii) $1,512,000,000 shall be for scholarships, fellowships, 
     and other activities under section 2106;
       (iii) $1,176,000,000 shall be for academic technology 
     transfer under section 2109;
       (iv) $840,000,000 shall be for test beds under section 
     2108;
       (v) $1,260,000,000 shall be for research and development 
     activities under section 2107; 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 2102(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 2202; 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 2104;
       (ii) $1,674,000,000 shall be for scholarships, fellowships, 
     and other activities under section 2106;
       (iii) $1,302,000,000 shall be for academic technology 
     transfer under section 2109;
       (iv) $930,000,000 shall be for test beds under section 
     2108;
       (v) $1,395,000,000 shall be for research and development 
     activities under section 2107; 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 2102(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.

     SEC. 2117. 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 and 
     address energy-related supply chain activities within 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 and 
     address energy-related supply chain activities within 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 and 
     address energy-related supply chain activities within 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 and 
     address energy-related supply chain activities within 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 and 
     address energy-related supply chain activities within 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.

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

     SEC. 2201. 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 
     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.

     SEC. 2202. 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--

[[Page S2596]]

       (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 2104(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 
     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).

     SEC. 2203. 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.

     SEC. 2204. 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

[[Page S2597]]

     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 division, 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 
     2103.
       (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.

     SEC. 2205. 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)--

[[Page S2598]]

       (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:

     ``SEC. 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.''.

     SEC. 2206. 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 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 division, 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)).

     SEC. 2207. 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.

     SEC. 2208. 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

[[Page S2599]]

       (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.

     SEC. 2209. 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 2104, 
     2106, 2107, 2108, and 2109 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

[[Page S2600]]

     percent of the funds provided to the Department of Energy 
     under section 2117 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 division, 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 division, 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)).

     SEC. 2210. 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 division, 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

[[Page S2601]]

     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 division, 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 division, 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 division, 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.

     SEC. 2211. 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 division, the Quantum Networking Working 
     Group within the Subcommittee on Quantum Information Science 
     of the National Science and

[[Page S2602]]

     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 division, 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 division, 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

[[Page S2603]]

     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 division, 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 division.
       (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.

     SEC. 2212. 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 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.

     SEC. 2213. 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 2205, 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.

     SEC. 2214. 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;

[[Page S2604]]

       (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.

     SEC. 2215. CAREGIVER POLICIES.

       (a) OSTP Guidance.--Not later than 6 months after the date 
     of enactment of this division, 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.

     SEC. 2216. 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.

     SEC. 2217. 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.

[[Page S2605]]

       (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 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 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

[[Page S2606]]

     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 division, 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 division 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 division, 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 division, 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;

[[Page S2607]]

       (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 division--
       (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 division, 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.

     SEC. 2218. 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 division, 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.

                      TITLE III--RESEARCH SECURITY

     SEC. 2301. 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

[[Page S2608]]

     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 division, 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.

     SEC. 2302. 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)).

     SEC. 2303. FOREIGN GOVERNMENT TALENT RECRUITMENT PROGRAM 
                   PROHIBITION.

       (a) Guidance.--Not later than 180 days after the date of 
     enactment of this division, 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 division, 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 division, 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 
     2304, 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.

     SEC. 2304. ADDITIONAL REQUIREMENTS FOR DIRECTORATE RESEARCH 
                   SECURITY.

       (a) Initiative Required.--The Director shall, in 
     consultation with other appropriate

[[Page S2609]]

     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 division, 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.

     SEC. 2305. 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 division, 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 
     of the Stevenson-Wydler Technology Innovation Act of 1980 (15 
     U.S.C. 3703)); 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).

     SEC. 2306. 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

[[Page S2610]]

     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, and in consultation with the 
     Secretary of Energy as relevant, 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 organizations 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.

     SEC. 2307. 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 division, 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).

     SEC. 2308. PLAN WITH RESPECT TO SENSITIVE OR CONTROLLED 
                   INFORMATION AND BACKGROUND SCREENING.

       Not later than 180 days after the enactment of this 
     division, 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. 

                 TITLE IV--REGIONAL INNOVATION CAPACITY

     SEC. 2401. 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:

     ``SEC. 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 2005 of the Endless Frontier Act.
       ``(4) Labor organization.--The term `labor organization' 
     has the meaning given such term in section 2101 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).

[[Page S2611]]

       ``(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 2104 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.

[[Page S2612]]

       ``(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 2104 of the 
     Endless Frontier Act, the program established under section 
     2107 of the such Act, test beds established and operated 
     under section 2108 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 2004 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.

[[Page S2613]]

       ``(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) $9,425,000,000 to award grants and cooperative 
     agreements under subsection (f); and
       ``(2) $575,000,000 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 division, 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 division, 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.

     SEC. 2402. 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 division; 
     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 2404(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

[[Page S2614]]

     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, the Committee on Energy and Natural 
     Resources, and the Committee on Armed Services 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''.

     SEC. 2403. 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:

     ``SEC. 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 2402 of the Endless Frontiers Act); 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).

     SEC. 2404. 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

[[Page S2615]]

     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 division, 
     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).

                         TITLE V--MISCELLANEOUS

     SEC. 2501. 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

[[Page S2616]]

       (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.

     SEC. 2502. 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 2102;
       (2) the supply chain resiliency program under section 2505;
       (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 2401(a); or
       (4) the Manufacturing USA Program, as improved and expanded 
     under section 2402.

     SEC. 2503. 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

[[Page S2617]]

     National Science Foundation under section 2005.
       (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).

     SEC. 2504. REPORT ON GLOBAL SEMICONDUCTOR SHORTAGE.

       Not later than 1 year after the date of enactment of this 
     division, 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.

     SEC. 2505. 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 2101.
       (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 Committee on Energy and Natural Resources of the 
     Senate;
       (G) the Select Committee on Intelligence of the Senate;
       (H) the Committee on Science, Space, and Technology of the 
     House of Representatives;
       (I) the Committee on Energy and Commerce of the House of 
     Representatives;
       (J) the Committee on Appropriations of the House of 
     Representatives;
       (K) the Committee on Ways and Means of the House of 
     Representatives;
       (L) the Committee on Homeland Security of the House of 
     Representatives;
       (M) the Committee on Armed Services of the House of 
     Representatives; and
       (N) 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 division; 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 division, to 
     encourage resilient supply chains.

[[Page S2618]]

       (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 division, 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 division 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 division, 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 
     2505 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

[[Page S2619]]

     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 2505 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 division , 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).

     SEC. 2506. 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

[[Page S2620]]

     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.''.

     SEC. 2507. 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 division, 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.

     SEC. 2508. 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

[[Page S2621]]

     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--

[[Page S2622]]

       (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 division, 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

[[Page S2623]]

     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 division, 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 division, 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.

[[Page S2624]]

       (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.
       (3) Requirement to cooperate.--Each agency in the executive 
     branch of the Federal Government shall--
       (A) cooperate with the Council; and
       (B) provide assistance, information, and advice to the 
     Council, as the Council may request, to the extent permitted 
     by law.
       (4) Assistance to council.--For the purpose of carrying out 
     the provisions of this section, the head of each agency that 
     is a member of the Council shall furnish necessary assistance 
     and resources to the Council, which may include--
       (A) detailing employees of the agency to the Council to 
     perform such functions, consistent with the purposes of this 
     section, as the Chair of the Council may assign to those 
     detailees;
       (B) providing office support and printing, as requested by 
     the Chair of the Council; and
       (C) upon the request of the Chair of the Council, undertake 
     special studies for the Council that come within the 
     functions of the Council described in subsection (k).
       (n) National Medal of Manufacturing and Industrial 
     Innovation.--
       (1) Recommendations.--The President shall from time to time 
     award a medal, to be known as the ``National Medal of 
     Manufacturing and Industrial Innovation'', on the basis of 
     recommendations received from the National Academies of 
     Sciences, the Chief Manufacturing Officer, or on the basis of 
     such other information and evidence as the President 
     determines appropriate, to individuals who in the judgment of 
     the President are deserving of special recognition by reason 
     of outstanding contributions to knowledge in manufacturing 
     and industrial innovation.
       (2) Number.--Not more than 20 individuals may be awarded a 
     medal under this section in any one calendar year.
       (3) Citizenship.--An individual may not be awarded a medal 
     under this section unless at the time such award is made the 
     individual--
       (A) is a citizen or other national of the United States; or
       (B) is an individual lawfully admitted to the United States 
     for permanent residence who--
       (i) has filed an application for petition for 
     naturalization in the manner prescribed by section 334(b) of 
     the Immigration and Nationality Act (8 U.S.C. 1445(b)); and
       (ii) is not permanently ineligible to become a citizen of 
     the United States.
       (4) Ceremonies.--The presentation of the award shall be 
     made by the President with such ceremonies as determined 
     proper, including attendance by appropriate Members of 
     Congress.
       (o) Authorization of Appropriations.--There are authorized 
     to be appropriated for each of fiscal years 2022 through 
     2026--
       (1) $5,000,000, for the purpose of carrying out subsections 
     (c) through (i); and
       (2) $5,000,000, for the purpose of carrying out subsections 
     (j) through (m).

     SEC. 2509. TELECOMMUNICATIONS WORKFORCE TRAINING GRANT 
                   PROGRAM.

       (a) Short Title.--This section may be cited as the 
     ``Improving Minority Participation And Careers in 
     Telecommunications Act'' or the ``IMPACT Act''.
       (b) Definitions.--In this section:
       (1) Assistant secretary.--The term ``Assistant Secretary'' 
     means the Assistant Secretary of Commerce for Communications 
     and Information.
       (2) Covered grant.--The term ``covered grant'' means a 
     grant awarded under subsection (c).
       (3) Eligible entity.--The term ``eligible entity'' means a 
     historically Black college or university, Tribal College or 
     University, or minority-serving institution, or a consortium 
     of such entities, that forms a partnership with 1 or more of 
     the following entities to carry out a training program:
       (A) A member of the telecommunications industry, such as a 
     company or industry association.
       (B) A labor or labor-management organization with 
     experience working in the telecommunications industry or a 
     similar industry.
       (C) The Telecommunications Industry Registered 
     Apprenticeship Program.
       (D) A nonprofit organization dedicated to helping 
     individuals gain employment in the telecommunications 
     industry.
       (E) A community or technical college with experience in 
     providing workforce development for individuals seeking 
     employment in the telecommunications industry or a similar 
     industry.
       (F) A Federal agency laboratory specializing in 
     telecommunications technology.
       (4) Fund.--The term ``Fund'' means the Telecommunications 
     Workforce Training Grant Program Fund established under 
     subsection (d)(1).
       (5) Grant program.--The term ``Grant Program'' means the 
     Telecommunications Workforce Training Grant Program 
     established under subsection (c).
       (6) 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).
       (7) Industry field activities.--The term ``industry field 
     activities'' means activities at active telecommunications, 
     cable, and broadband network worksites, such as towers, 
     construction sites, and network management hubs.
       (8) Industry partner.--The term ``industry partner'' means 
     an entity described in subparagraphs (A) through (F) of 
     paragraph (3) with which an eligible entity forms a 
     partnership to carry out a training program.
       (9) 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)).
       (10) Training program.--The term ``training program'' means 
     a credit or non-credit program developed by an eligible 
     entity, in partnership with an industry partner, that--
       (A) is designed to educate and train students to 
     participate in the telecommunications workforce; and
       (B) includes a curriculum and apprenticeship or internship 
     opportunities that can also be paired with--
       (i) a degree program; or
       (ii) stacked credentialing toward a degree.
       (11) 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)).
       (c) Program.--The Assistant Secretary, acting through the 
     Office of Minority Broadband Initiatives established under 
     section 902(b)(1) of division N of the Consolidated 
     Appropriations Act, 2021 (Public Law 116-260), shall 
     establish a program, to be known as the ``Telecommunications 
     Workforce Training Grant Program'', under which the Assistant 
     Secretary awards grants to eligible entities to develop 
     training programs.

[[Page S2625]]

       (d) Fund.--
       (1) Establishment.--There is established in the Treasury of 
     the United States a fund to be known as the 
     ``Telecommunications Workforce Training Grant Program Fund''.
       (2) Availability.--Amounts in the Fund shall be available 
     to the Assistant Secretary to carry out the Grant Program.
       (e) Application.--
       (1) In general.--An eligible entity desiring a covered 
     grant shall submit an application to the Assistant Secretary 
     at such time, in such manner, and containing such information 
     as the Assistant Secretary may require.
       (2) Contents.--An eligible entity shall include in an 
     application under paragraph (1)--
       (A) a commitment from the industry partner of the eligible 
     entity to collaborate with the eligible entity to develop a 
     training program, including curricula and internships or 
     apprenticeships;
       (B) a description of how the eligible entity plans to use 
     the covered grant, including the type of training program the 
     eligible entity plans to develop;
       (C) a plan for recruitment of students and potential 
     students to participate in the training program;
       (D) a plan to increase female student participation in the 
     training program of the eligible entity; and
       (E) a description of potential jobs to be secured through 
     the training program, including jobs in the communities 
     surrounding the eligible entity.
       (f) Use of Funds.--An eligible entity may use a covered 
     grant, with respect to the training program of the eligible 
     entity, to--
       (1) hire faculty members to teach courses in the training 
     program;
       (2) train faculty members to prepare students for 
     employment in jobs related to the deployment of next-
     generation wired and wireless communications networks, 
     including 5G networks, hybrid fiber-coaxial networks, and 
     fiber infrastructure, particularly in--
       (A) broadband and wireless network engineering;
       (B) network deployment, operation, and maintenance;
       (C) industry field activities; and
       (D) cloud networks, data centers, and cybersecurity;
       (3) design and develop curricula and other components 
     necessary for degrees, courses, or programs of study, 
     including certificate programs and credentialing programs, 
     that comprise the training program;
       (4) pay for costs associated with instruction under the 
     training program, including the costs of equipment, 
     telecommunications training towers, laboratory space, 
     classroom space, and instructional field activities;
       (5) fund scholarships, student internships, 
     apprenticeships, and pre-apprenticeship opportunities;
       (6) recruit students for the training program; and
       (7) support the enrollment in the training program of 
     individuals working in the telecommunications industry in 
     order to advance professionally in the industry.
       (g) Grant Awards.--
       (1) Deadline.--Not later than 2 years after the date on 
     which amounts are appropriated to the Fund pursuant to 
     subsection (m), the Assistant Secretary shall award all 
     covered grants.
       (2) Minimum allocation to certain entities.--The Assistant 
     Secretary shall award not less than--
       (A) 30 percent of covered grant amounts to historically 
     Black colleges or universities; and
       (B) 30 percent of covered grant amounts to Tribal Colleges 
     or Universities.
       (3) Evaluation criteria.--As part of the final rules issued 
     under subsection (h), the Assistant Secretary shall develop 
     criteria for evaluating applications for covered grants.
       (4) Coordination.--The Assistant Secretary shall ensure 
     that grant amounts awarded under paragraph (2) are 
     coordinated with, and do not duplicate the specific use of, 
     grant amounts provided under section 902 of division N of the 
     Consolidated Appropriations Act, 2021 (Public Law 116-260).
       (5) Construction.--In awarding grants under this section 
     for training or education relating to construction, the 
     Assistant Secretary may prioritize applicants that partner 
     with apprenticeship programs, pre-apprenticeship programs, or 
     public two-year community or technical colleges that have a 
     written agreement with one or more apprenticeship programs.
       (h) Rules.--Not later than 180 days after the date of 
     enactment of this division, after providing public notice and 
     an opportunity to comment, the Assistant Secretary, in 
     consultation with the Secretary of Labor and the Secretary of 
     Education, shall issue final rules governing the Grant 
     Program.
       (i) Term.--The Assistant Secretary shall establish the term 
     of a covered grant, which may not be less than 5 years.
       (j) Grantee Reports.--During the term of a covered grant 
     received by an eligible entity, the eligible entity shall 
     submit to the Assistant Secretary a semiannual report that, 
     with respect to the preceding 6-month period--
       (1) describes how the eligible entity used the covered 
     grant amounts;
       (2) describes the progress the eligible entity made in 
     developing and executing the training program of the eligible 
     entity;
       (3) describes the number of faculty and students 
     participating in the training program of the eligible entity;
       (4) describes the partnership with the industry partner of 
     the eligible entity, including--
       (A) the commitments and in-kind contributions made by the 
     industry partner; and
       (B) the role of the industry partner in curriculum 
     development, the degree program, and internships and 
     apprenticeships; and
       (5) includes data on internship, apprenticeship, and 
     employment opportunities and placements.
       (k) Oversight.--
       (1) Audits.--The Inspector General of the Department of 
     Commerce shall audit the Grant Program in order to--
       (A) ensure that eligible entities use covered grant amounts 
     in accordance with--
       (i) the requirements of this section; and
       (ii) the overall purpose of the Grant Program, as described 
     in subsection (c); and
       (B) prevent waste, fraud, and abuse in the operation of the 
     Grant Program.
       (2) Revocation of funds.--The Assistant Secretary shall 
     revoke a grant awarded to an eligible entity that is not in 
     compliance with the requirements of this section or the 
     overall purpose of the Grant Program, as described in 
     subsection (c).
       (l) Annual Report to Congress.--Each year, until all 
     covered grants have expired, the Assistant Secretary shall 
     submit to Congress a report that--
       (1) identifies each eligible entity that received a covered 
     grant and the amount of the covered grant;
       (2) describes the progress each eligible entity described 
     in paragraph (1) has made toward accomplishing the overall 
     purpose of the Grant Program, as described in subsection (c);
       (3) summarizes the job placement status or apprenticeship 
     opportunities of students who have participated in the 
     training program of the eligible entity; and
       (4) includes the findings of any audits conducted by the 
     Inspector General of the Department of Commerce under 
     subsection (k)(1) that were not included in the previous 
     report submitted under this subsection.
       (m) Authorization of Appropriations.--
       (1) In general.--There is authorized to be appropriated to 
     the Fund a total of $100,000,000 for fiscal years 2022 
     through 2027, to remain available until expended.
       (2) Administration.--The Assistant Secretary may use not 
     more than 2 percent of the amounts appropriated to the Fund 
     for the administration of the Grant Program.

     SEC. 2510. COUNTRY OF ORIGIN LABELING ONLINE ACT.

       (a) Mandatory Origin and Location Disclosure for Products 
     Offered for Sale on the Internet.--
       (1) In general.--It shall be unlawful for a product that is 
     required to be marked under section 304 of the Tariff Act of 
     1930 (19 U.S.C. 1304) or its implementing regulations to be 
     introduced, sold, advertised, or offered for sale in commerce 
     on an internet website unless the internet website 
     description of the product--
       (A)(i) indicates in a conspicuous place the country of 
     origin of the product, in a manner consistent with the 
     regulations prescribed under section 304 of the Tariff Act of 
     1930 (19 U.S.C. 1304) and the country of origin marking 
     regulations administered by U.S. Customs and Border 
     Protection; and
       (ii) includes, in the case of--
       (I) a new passenger motor vehicle (as defined in section 
     32304 of title 49, United States Code), the disclosure 
     required by such section;
       (II) a textile fiber product (as defined in section 2 of 
     the Textile Fiber Products Identification Act (15 U.S.C. 
     70b)), the disclosure required by such Act;
       (III) a wool product (as defined in section 2 of the Wool 
     Products Labeling Act of 1939 (15 U.S.C. 68)), the disclosure 
     required by such Act;
       (IV) a fur product (as defined in section 2 of the Fur 
     Products Labeling Act (15 U.S.C. 69)), the disclosure 
     required by such Act; and
       (V) a covered commodity (as defined in section 281 of the 
     Agricultural Marketing Act of 1946 (7 U.S.C. 1638)), the 
     country of origin information required by section 282 of such 
     Act (7 U.S.C. 1638a); and
       (B) indicates in a conspicuous place the country in which 
     the seller of the product is located (and, if applicable, the 
     country in which any parent corporation of such seller is 
     located).
       (2) Limitation.--The disclosure of a product's country of 
     origin required pursuant to paragraph (1)(A) shall not be 
     made in such a manner as to represent to a consumer that the 
     product is in whole, or part, of United States origin, unless 
     such disclosure is consistent with section 5 of the Federal 
     Trade Commission Act (15 U.S.C. 45(a)), provided that no 
     other Federal statute applies.
       (3) Certain drug products.--It shall be unlawful for a drug 
     that is not subject to section 503(b)(1) of the Federal Food, 
     Drug, and Cosmetic Act (21 U.S.C. 353(b)(1)) and that is 
     required to be marked under section 304 of the Tariff Act of 
     1930 (19 U.S.C. 1304) to be offered for sale in commerce to 
     consumers on an internet website unless the internet website 
     description of the drug indicates in a conspicuous manner the 
     name and place of business of the manufacturer, packer, or 
     distributor that is required to appear on the label of the 
     drug in accordance with section 502(b) of the Federal Food, 
     Drug, and Cosmetic Act (21 U.S.C. 352(b)).
       (b) Prohibition on False and Misleading Representation of 
     United States Origin on Products.--

[[Page S2626]]

       (1) Unlawful activity.--Notwithstanding any other provision 
     of law, it shall be unlawful to make any false or deceptive 
     representation that a product or its parts or processing are 
     of United States origin in any labeling, advertising, or 
     other promotional materials, or any other form of marketing, 
     including marketing through digital or electronic means in 
     the United States.
       (2) Deceptive representation.--For purposes of paragraph 
     (1), a representation that a product is in whole, or in part, 
     of United States origin is deceptive if, at the time the 
     representation is made, such claim is not consistent with 
     section 5 of the Federal Trade Commission Act (15 U.S.C. 
     45(a)), provided that no other Federal statute applies.
       (c) Enforcement by Commission.--
       (1) Unfair or deceptive acts or practices.--A violation of 
     subsection (a) or (b) shall be treated as a violation of a 
     rule under section 18(a)(1)(B) of the Federal Trade 
     Commission Act (15 U.S.C. 57a(a)(1)(B)).
       (2) Powers of the commission.--
       (A) In general.--The Commission shall enforce this section 
     in the same manner, by the same means, and with the same 
     jurisdiction, powers, and duties as though all applicable 
     terms and provisions of the Federal Trade Commission Act (15 
     U.S.C. 41 et seq.) were incorporated into and made a part of 
     this section.
       (B) Privileges and immunities.--Any person that violates 
     subsection (a) or (b) shall be subject to the penalties and 
     entitled to the privileges and immunities provided in the 
     Federal Trade Commission Act (15 U.S.C. 41 et seq.) as though 
     all applicable terms and provisions of that Act were 
     incorporated and made part of this section.
       (C) Authority preserved.--Nothing in this section may be 
     construed to limit the authority of the Commission under any 
     other provision of law.
       (3) Interagency agreement.--Not later than 6 months after 
     the date of enactment of this division, the Commission and 
     U.S. Customs and Border Protection shall--
       (A) enter into a Memorandum of Understanding or other 
     appropriate agreement for the purpose of providing consistent 
     implementation of this section; and
       (B) publish such agreement to provide public guidance.
       (4) Definition of commission.--In this subsection, the term 
     ``Commission'' means the Federal Trade Commission.
       (d) Effective Date.--This section shall take effect 9 
     months after the date of enactment of this division.

     SEC. 2511. COUNTRY OF ORIGIN LABELING FOR KING CRAB AND 
                   TANNER CRAB.

       Section 281(7)(B) of the Agricultural Marketing Act of 1946 
     (7 U.S.C. 1638(7)(B)) is amended--
       (1) by striking ``includes a fillet'' and inserting 
     ``includes--
       ``(i) a fillet'';
       (2) by striking the period at the end and inserting ``; 
     and''; and
       (3) by adding at the end the following:
       ``(ii) whole cooked king crab and tanner crab and cooked 
     king crab and tanner crab sections.''.

     SEC. 2512. INTERNET EXCHANGES AND SUBMARINE CABLES.

       (a) Definitions.--In this section:
       (1) Assistant secretary.--The term ``Assistant Secretary'' 
     means the Assistant Secretary of Commerce for Communications 
     and Information.
       (2) Core based statistical area.--The term ``core based 
     statistical area'' has the meaning given the term by the 
     Office of Management and Budget in the Notice of Decision 
     entitled ``2010 Standards for Delineating Metropolitan and 
     Micropolitan Statistical Areas'', published in the Federal 
     Register on June 28, 2010 (75 Fed. Reg. 37246), or any 
     successor to that Notice.
       (3) Covered grant.--The term ``covered grant'' means a 
     grant awarded under subsection (b)(1).
       (4) Indian tribe.--The term ``Indian Tribe''--
       (A) has the meaning given the term in section 4 of the 
     Indian Self-Determination and Education Assistance Act (25 
     U.S.C. 5304); and
       (B) includes a Native Hawaiian organization, as that term 
     is defined in section 6207 of the Native Hawaiian Education 
     Act (20 U.S.C. 7517).
       (5) Internet exchange facility.--The term ``internet 
     exchange facility'' means physical infrastructure through 
     which internet service providers and content delivery 
     networks exchange internet traffic between their networks.
       (6) State.--The term ``State'' has the meaning given the 
     term in section 3 of the Communications Act of 1934 (47 
     U.S.C. 153).
       (7) Submarine cable landing station.--The term ``submarine 
     cable landing station'' means a cable landing station, as 
     that term is used in section 1.767(a)(5) of title 47, Code of 
     Federal Regulations (or any successor regulation), that can 
     be utilized to land a submarine cable by an entity that has 
     obtained a license under the first section of the Act 
     entitled ``An Act relating to the landing and operation of 
     submarine cables in the United States'', approved May 27, 
     1921 (47 U.S.C. 34) (commonly known as the ``Cable Landing 
     Licensing Act'').
       (b) Internet Exchange Facility Grants.--
       (1) Grants.--Not later than 1 year after the date on which 
     amounts are made available under subsection (e), the 
     Assistant Secretary shall award grants to entities to acquire 
     real property and necessary equipment to--
       (A) establish a new internet exchange facility in a core 
     based statistical area in which, at the time the grant is 
     awarded, there are no existing internet exchange facilities; 
     or
       (B) expand operations at an existing internet exchange 
     facility in a core based statistical area in which, at the 
     time the grant is awarded, there is only 1 internet exchange 
     facility.
       (2) Eligibility.--To be eligible to receive a covered 
     grant, an entity shall--
       (A) have sufficient interest from third party entities that 
     will use the internet exchange facility to be funded by the 
     grant once the facility is established or operations are 
     expanded, as applicable;
       (B) have sovereign control over the land or building in 
     which the internet exchange facility is to be housed;
       (C) provide evidence of direct conduit, duct, and manhole 
     access to public rights-of-way;
       (D) have a plan to establish security protocols for the 
     internet exchange facility to prevent physical or electronic 
     intrusion from unauthorized users; and
       (E) provide other information required by the Assistant 
     Secretary to protect against waste, fraud, or abuse.
       (3) Federal share.--The Federal share of the total cost of 
     the establishment of, or expansion of operations at, an 
     internet exchange facility for which a covered grant is 
     awarded may not exceed 50 percent.
       (4) Grant amount.--The amount of a covered grant may not 
     exceed $3,000,000.
       (5) Applications.--
       (A) Rules and timelines.--Not later than 1 year after the 
     date of enactment of this division, the Assistant Secretary 
     shall establish rules and timelines for applications for--
       (i) covered grants; and
       (ii) grants under subsection (c).
       (B) Third party review.--To prevent fraud in the covered 
     grant program, the Assistant Secretary shall enter into a 
     contract with an independent third party under which the 
     third party reviews an application for a covered grant not 
     later than 60 days after the date on which the application is 
     submitted to ensure that only an entity that is eligible for 
     a covered grant receives a covered grant.
       (6) Rule of construction.--Nothing in this subsection shall 
     be construed to authorize the Assistant Secretary to 
     regulate, issue guidance for, or otherwise interfere with the 
     activities at an internet exchange facility.
       (c) Submarine Cable Landing Station Grants.--Not later than 
     1 year after the date on which amounts are made available 
     under subsection (e), and in accordance with the rules and 
     timelines established under subsection (b)(5)(A), the 
     Assistant Secretary shall award grants to States and Indian 
     Tribes to build infrastructure and acquire necessary 
     equipment to establish or expand an open-access, carrier-
     neutral submarine cable landing station that serves a 
     military facility.
       (d) Report.--Not later than 5 years after the date of 
     enactment of this division, and annually thereafter for 5 
     years, the Assistant Secretary shall submit a report on 
     outcomes of grants awarded under this section to--
       (1) the Committee on Commerce, Science, and Transportation 
     of the Senate; and
       (2) the Committee on Energy and Commerce of the House of 
     Representatives.
       (e) Authorization of Appropriations.--
       (1) In general.--There is authorized to be appropriated 
     $35,000,000 to carry out subsections (b) and (c).
       (2) Limitation.--The Assistant Secretary may not use more 
     than 10 percent of the amounts made available under paragraph 
     (1) to administer and report on the outcomes of grants 
     awarded under this section.
       (f) Return of Certain Grant Amounts.--The Assistant 
     Secretary may require a recipient of a grant awarded under 
     subsection (b) or (c) to return all or a portion of the grant 
     amount if there is evidence of waste, fraud, or abuse of 
     grant funds by the recipient.

     SEC. 2513. STUDY OF SISTER CITY PARTNERSHIPS OPERATING WITHIN 
                   THE UNITED STATES INVOLVING FOREIGN COMMUNITIES 
                   IN COUNTRIES WITH SIGNIFICANT PUBLIC SECTOR 
                   CORRUPTION.

       (a) Short Title.--This section may be cited as the ``Sister 
     City Transparency Act''.
       (b) Definitions.--In this section:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Foreign Relations of the Senate;
       (B) the Committee on Health, Education, Labor, and Pensions 
     of the Senate;
       (C) the Committee on Armed Services of the Senate;
       (D) the Committee on Foreign Affairs of the House of 
     Representatives;
       (E) the Committee on Education and Labor of the House of 
     Representatives; and
       (F) the Committee on Armed Services of the House of 
     Representatives.
       (2) Foreign community.--The term ``foreign community'' 
     means any subnational unit of government outside of the 
     United States.
       (3) Sister city partnership.--The term ``sister city 
     partnership'' means a formal agreement between a United 
     States community and a foreign community that--
       (A) is recognized by Sister Cities International; and
       (B) is operating within the United States.

[[Page S2627]]

       (4) United states community.--The term ``United States 
     community'' means a State, county, city, or other unit of 
     local government in the United States.
       (c) Study of Sister City Partnerships Operating Within the 
     United States Involving Foreign Communities in Countries With 
     Significant Public Sector Corruption.--
       (1) In general.--The Comptroller General of the United 
     States shall conduct a study of the activities of sister city 
     partnerships involving foreign communities in countries 
     receiving a score of 45 or less on Transparency 
     International's 2019 Corruption Perceptions Index.
       (2) Elements of the study.--The study conducted under 
     paragraph (1) shall--
       (A) identify--
       (i) the criteria by which foreign communities identify 
     United States communities as candidates for sister city 
     partnerships, including themes with respect to the prominent 
     economic activities and demographics of such United States 
     communities;
       (ii) the activities conducted within sister city 
     partnerships;
       (iii) the economic and educational outcomes of such 
     activities;
       (iv) the types of information that sister city partnerships 
     make publicly available, including information relating to 
     contracts and activities;
       (v) the means by which United States communities safeguard 
     freedom of expression within sister city partnerships; and
       (vi) the oversight practices that United States communities 
     implement to mitigate the risks of foreign espionage and 
     economic coercion within sister city partnerships;
       (B) assess--
       (i) the extent to which United States communities ensure 
     transparency regarding sister city partnership contracts and 
     activities;
       (ii) the extent to which sister city partnerships involve 
     economic arrangements that make United States communities 
     vulnerable to malign market practices;
       (iii) the extent to which sister city partnerships involve 
     educational arrangements that diminish the freedom of 
     expression;
       (iv) the extent to which sister city partnerships allow 
     foreign nationals to access local commercial, educational, 
     and political institutions;
       (v) the extent to which foreign communities could use 
     sister city partnerships to realize strategic objectives that 
     do not conduce to the economic and national security 
     interests of the United States;
       (vi) the extent to which sister city partnerships could 
     enable or otherwise contribute to foreign communities' malign 
     activities globally, including activities relating to human 
     rights abuses and academic and industrial espionage; and
       (vii) the extent to which United States communities seek to 
     mitigate foreign nationals' potentially inappropriate use of 
     visa programs to participate in activities relating to sister 
     city partnerships; and
       (C) review--
       (i) the range of activities conducted within sister city 
     partnerships, including activities relating to cultural 
     exchange and economic development;
       (ii) how such activities differ between sister city 
     partnerships; and
       (iii) best practices to ensure transparency regarding 
     sister city partnerships' agreements, activities, and 
     employees.
       (3) Report.--
       (A) In general.--Not later than 6 months after initiating 
     the study required under paragraph (1), the Comptroller 
     General shall submit a report to the appropriate 
     congressional committees that contains the results of such 
     study, including the findings, conclusions, and 
     recommendations (if any) of the study.
       (B) Form.--The report required under subparagraph (A) may 
     include a classified annex, if necessary.

     SEC. 2514. 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.

       The Federal Communications Commission shall, pursuant to 
     section 310 of the Communications Act of 1934 (47 U.S.C. 
     310), prohibit the transfer, assignment, or disposition of 
     construction permits and station licenses to an entity that 
     is subject to undue influence by the Chinese Communist Party 
     or the Government of the People's Republic of China.

     SEC. 2515. LIMITATION ON NUCLEAR COOPERATION WITH THE 
                   PEOPLE'S REPUBLIC OF CHINA.

       (a) In General.--The President shall not--
       (1) develop, design, plan, promulgate, implement, or 
     execute a bilateral policy, program, order, or contract of 
     any kind to participate in, collaborate on, or coordinate 
     bilaterally in any manner with respect to nuclear cooperation 
     activities, or otherwise engage in nuclear cooperation, 
     with--
       (A) the Government of the People's Republic of China; or
       (B) any company--
       (i) owned by the Government of the People's Republic of 
     China; or
       (ii) incorporated under the laws of the People's Republic 
     of China; or
       (2) allow any agency of the United States Government to 
     host official visitors at a facility belonging to the agency 
     if those visitors are--
       (A) officials, corporate officers, or principal 
     shareholders of any entity described in subparagraph (A) or 
     (B) of paragraph (1); or
       (B) individuals subject to undue influence by the 
     individuals described in subparagraph (A).
       (b) Review of Prior Nuclear Cooperation and Associated 
     Impacts.--
       (1) Agreement.--Not later than 60 days after the date of 
     enactment of this division, the Secretary of State shall seek 
     to enter into an agreement with the National Academy of 
     Public Administration (referred to in this section as the 
     ``National Academy'') to carry out the review and assessment 
     described in paragraph (2) and submit the report described in 
     paragraph (3).
       (2) Review and assessment.--
       (A) In general.--Under the agreement described in paragraph 
     (1), the National Academy shall--
       (i) conduct a review of nuclear cooperation during the 25-
     year period ending on the date of enactment of this division 
     between the United States Government and the People's 
     Republic of China, including the role of the Department of 
     State in facilitating such cooperation; and
       (ii) perform an assessment of the implications of the 
     cooperation described in clause (i) on the national security 
     of the United States.
       (B) Elements.--In conducting the review and assessment 
     under subparagraph (A), the National Academy shall examine 
     all cooperative activities relating to nuclear cooperation 
     between the United States Government and the People's 
     Republic of China during the 25-year period ending on the 
     date of enactment of this division, including--
       (i) all trips relating to nuclear cooperation taken by 
     officials of the Department of State to the People's Republic 
     of China;
       (ii) all exchanges of goods, services, data, or information 
     between officials of the United States Government and an 
     entity described in subparagraph (A) or (B) of subsection 
     (a)(1); and
       (C) all instances in which officials of the United States 
     Government hosted officials from, or significantly tied to, 
     an entity described in subparagraph (A) or (B) of subsection 
     (a)(1).
       (3) Deadline and report.--Not later than 1 year after the 
     date on which the Secretary and the National Academy enter 
     into an agreement described in paragraph (1), the National 
     Academy shall--
       (A) complete the review and assessment described in 
     paragraph (2); and
       (B) submit a report containing the results of the review 
     and assessment, which shall be unclassified but, if 
     necessary, may contain a classified annex, to--
       (i) the Secretary; and
       (ii) the appropriate congressional committees.
       (4) Publication.--Not later than 60 days after the date on 
     which the National Academy submits the report under paragraph 
     (3), the Secretary shall make the report publically available 
     in an easily accessible electronic format, with appropriate 
     redactions for information that, in the determination of the 
     Secretary, would be damaging to the national security of the 
     United States if disclosed.
       (c) Waivers.--
       (1) Waiver for counterterrorism; nonproliferation 
     activities; and the national interest.--The President may 
     waive the limitation under subsection (a)--
       (A) to continue ongoing activities with the People's 
     Republic of China relating to nuclear and radiological 
     counterterrorism, nuclear and radiological 
     counterproliferation, and nuclear and radiological 
     nonproliferation; or
       (B) if the President determines that such waiver is in the 
     national interests of the United States, provided the Federal 
     Bureau of Investigation certifies prior to such waiver that 
     the persons covered under such waiver--
       (i) are not subject to undue influence by the Government of 
     the People's Republic of China or the Chinese Communist 
     Party, or by officials of the People's Republic of China or 
     the Chinese Communist Party; and
       (ii) are not engaged in human rights abuses.
       (2) Waiver to address emergencies.--Subject to receiving 
     appropriate licenses and other authorizations, the President 
     may waive the limitation under subsection (a) to allow 
     transfers of technology and equipment to address a nuclear or 
     radiological emergency.
       (3) Notification requirement.--The President shall notify 
     Congress of any waiver issued under paragraph (1) or (2).
       (d) Definitions.--In this section:
       (1) Nuclear cooperation.--The term ``nuclear cooperation'' 
     means cooperation with respect to nuclear activities, 
     including the development, use, or control of atomic energy, 
     including any activities involving the processing or 
     utilization of source material, byproduct material, or 
     special nuclear material (as those terms are defined in 
     section 11 of the Atomic Energy Act of 1954 (42 U.S.C. 
     2014)).
       (2) Nuclear cooperation activities.--The term ``nuclear 
     cooperation activities'' means activities relating to nuclear 
     cooperation.
       (e) Rule of Construction.-- Nothing in this division shall 
     be construed to prohibit--
       (1) United States commercial activities, provided such 
     activities are consistent with the laws and regulations of 
     the United States; and
       (2) limited diplomatic engagement or dialogue--

[[Page S2628]]

       (A) including regarding protection of the intellectual 
     property and trade secrets of American persons; and
       (B) except for any diplomatic engagement or dialogue 
     relating to or aimed at facilitating the transfer of nuclear 
     technology.

     SEC. 2516. CERTIFICATION.

       Section 1260I(a) of the National Defense Authorization Act 
     for Fiscal Year 2020 (Public Law 116-92; 113 Stat. 1687) is 
     amended--
       (1) by inserting ``and'' at the end of paragraph (2); and
       (2) by striking paragraphs (3) and (4) and inserting the 
     following:
       ``(3) Huawei does not pose an ongoing threat to the 
     critical infrastructure of the United States or its 
     allies.''.

     SEC. 2517. FAIRNESS AND DUE PROCESS IN STANDARDS-SETTING 
                   BODIES.

       (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 
     of the Senate;
       (B) the Committee on Armed Services of the Senate;
       (C) the Select Committee on Intelligence of the Senate;
       (D) the Committee on Foreign Relations of the Senate;
       (E) the Committee on Science, Space, and Technology of the 
     House of Representatives;
       (F) the Committee on Armed Services of the House of 
     Representatives;
       (G) the Permanent Select Committee on Intelligence of the 
     House of Representatives; and
       (H) the Committee on Foreign Affairs of the House of 
     Representatives.
       (2) Assistant secretary.--The term ``Assistant Secretary'' 
     means the Assistant Secretary of Commerce for Communications 
     and Information.
       (b) Study.--
       (1) In general.--Not later than 270 days after the date of 
     enactment of this division, the Secretary of Commerce, acting 
     through the Assistant Secretary, shall submit to the 
     appropriate committees of Congress the results of a study 
     identifying opportunities for improved participation by 
     United States Government experts in the standardization 
     activities of the Telecommunication Standardization Sector of 
     the International Telecommunication Union.
       (2) Consultations required.--In conducting the study 
     required under paragraph (1), the Assistant Secretary shall--
       (A) consult with--
       (i) the Under Secretary of State for Economic Growth, 
     Energy, and the Environment; and
       (ii) the Chairman of the Federal Communications Commission;
       (B) engage with the International Digital Economy and 
     Telecommunication Advisory Committee; and
       (C) provide opportunities for all relevant stakeholders in 
     the United States to provide meaningful input with respect to 
     the conduct of the study.
       (3) Contents.--The study required under paragraph (1) shall 
     include--
       (A) the identification and assessment of factors that serve 
     as a barrier to the participation of United States Government 
     experts in the standards development activities of the 
     Telecommunication Standardization Sector of the International 
     Telecommunication Union, including--
       (i) budgetary constraints;
       (ii) lack of awareness regarding the strategic importance 
     of, and support for, participation in those activities;
       (iii) limited knowledge about opportunities for, and means 
     of, participation with respect to those activities;
       (iv) the extent to which there are opportunities for 
     cooperation with government experts from like-minded foreign 
     allies with respect to those activities; and
       (v) any other barriers to effective participation in, and 
     representation with respect to, those activities; and
       (B) recommendations regarding how the barriers to increased 
     and effective participation, as identified under subparagraph 
     (A), could be addressed, which may include--
       (i) strategies and tactics to ensure long-term 
     participation;
       (ii) means for improved information sharing and 
     coordination--

       (I) among Federal Government participants;
       (II) between the public and private sectors; and
       (III) between the Federal Government and like-minded 
     foreign allies;

       (iii) identification of suitable leadership opportunities 
     for Federal Government participants; and
       (iv) any other recommendation that the Assistant Secretary 
     determines to be appropriate.

     SEC. 2518. SHARK FIN SALES ELIMINATION.

       (a) Short Title.--This section may be cited as the ``Shark 
     Fin Sales Elimination Act of 2021''.
       (b) Prohibition on Sale of Shark Fins.--
       (1) Prohibition.--Except as provided in subsection (c), no 
     person shall possess, transport, offer for sale, sell, or 
     purchase shark fins or products containing shark fins.
       (2) Penalty.--A violation of paragraph (1) shall be treated 
     as an act prohibited by section 307 of the Magnuson-Stevens 
     Fishery Conservation and Management Act (16 U.S.C. 1857) and 
     shall be penalized pursuant to section 308(a) of that Act (16 
     U.S.C. 1858(a)), except that the maximum civil penalty for 
     each violation shall be $100,000, or the fair market value of 
     the shark fins involved, whichever is greater.
       (c) Exceptions.--A person may possess a shark fin that was 
     taken lawfully under a State, territorial, or Federal license 
     or permit to take or land sharks, if the shark fin is 
     separated from the shark in a manner consistent with the 
     license or permit and is--
       (1) destroyed or discarded upon separation;
       (2) used for noncommercial subsistence purposes in 
     accordance with State or territorial law;
       (3) used solely for display or research purposes by a 
     museum, college, or university, or other person under a State 
     or Federal permit to conduct noncommercial scientific 
     research; or
       (4) retained by the license or permit holder for a 
     noncommercial purpose.
       (d) Dogfish.--
       (1) In general.--It shall not be a violation of subsection 
     (b) for any person to possess, transport, offer for sale, 
     sell, or purchase any fresh or frozen raw fin or tail from 
     any stock of the species Mustelus canis (smooth dogfish) or 
     Squalus acanthias (spiny dogfish).
       (2) Report.--By not later than January 1, 2027, the 
     Secretary of Commerce shall review the exemption contained in 
     paragraph (1) and shall prepare and submit to Congress a 
     report that includes a recommendation on whether the 
     exemption contained in paragraph (1) should continue or be 
     terminated. In preparing such report and making such 
     recommendation, the Secretary shall analyze factors 
     including--
       (A) the economic viability of dogfish fisheries with and 
     without the continuation of the exemption;
       (B) the impact to ocean ecosystems of continuing or 
     terminating the exemption;
       (C) the impact on enforcement of the ban contained in 
     subsection (b) caused by the exemption; and
       (D) the impact of the exemption on shark conservation.
       (e) Definition of Shark Fin.--In this section, the term 
     ``shark fin'' means--
       (1) the raw or dried or otherwise processed detached fin of 
     a shark; or
       (2) the raw or dried or otherwise processed detached tail 
     of a shark.
       (f) State Authority.--Nothing in this section may be 
     construed to preclude, deny, or limit any right of a State or 
     territory to adopt or enforce any regulation or standard that 
     is more stringent than a regulation or standard in effect 
     under this section.
       (g) Severability.--If any provision of this section or its 
     application to any person or circumstance is held invalid, 
     the invalidity does not affect other provisions or 
     applications of this section which can be given effect 
     without the invalid provision or application, and to this end 
     the provisions of this section are severable.

     SEC. 2519. SENSE OF CONGRESS ON FORCED LABOR.

       It is the sense of Congress that the Federal Government 
     shall not engage in research, partnerships, contracts, or 
     other agreements with any entity (including any country or 
     institution of higher education) that has any affiliation 
     with a country that engages in forced labor.

     SEC. 2520. OPEN NETWORK ARCHITECTURE.

       (a) Open Network Architecture Testbed.--
       (1) Definitions.--In this subsection--
       (A) the term ``Applied Research Open-RAN testbed'' means 
     the testbed established under paragraph (2);
       (B) the term ``Assistant Secretary'' means the Assistant 
     Secretary of Commerce for Communications and Information; and
       (C) the term ``NTIA'' means the National Telecommunications 
     and Information Administration.
       (2) Establishment.--The Assistant Secretary shall establish 
     an applied research open network architecture testbed at the 
     Institute for Telecommunication Sciences of the NTIA to 
     develop and demonstrate network architectures and 
     applications, equipment integration and interoperability at 
     scale, including--
       (A) Open Radio Access Network (commonly known as ``Open-
     RAN'') technology;
       (B) Virtualized Radio Access Network (commonly known as 
     ``vRAN'') technology; and
       (C) cloud native technologies that replicate 
     telecommunications hardware as software-based virtual network 
     elements and functions.
       (3) Focus; considerations.--In establishing the Applied 
     Research Open-RAN testbed pursuant to this section, the 
     Assistant Secretary shall ensure that such testbed evaluates 
     issues related to deployment and operation of open network 
     architectures in rural areas.
       (4) Cooperative research and development agreements.--The 
     Assistant Secretary shall enter into cooperative research and 
     development agreements as appropriate to obtain equipment, 
     devices, and expertise for the Applied Research Open-RAN 
     testbed, in accordance with section 12 of the Stevenson-
     Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a).
       (5) Private sector contributions.--The Assistant Secretary 
     may accept private contributions to the Applied Research 
     Open-RAN testbed in the form of network equipment or devices 
     for testing purposes.
       (6) Partnership with government entities.--

[[Page S2629]]

       (A) Establishment.--In establishing the Applied Research 
     Open-RAN testbed, the Assistant Secretary shall--
       (i) consult with the Federal Communications Commission, 
     including with respect to ongoing work by the Commission to 
     develop other testbeds, including private sector testbeds, 
     related to Open-RAN technologies; and
       (ii) ensure that the work on the testbed is coordinated 
     with the responsibilities of the Assistant Secretary under 
     any relevant memorandum of understanding with the Federal 
     Communications Commission and the National Science Foundation 
     related to spectrum.
       (B) Operations.--In operating the Applied Research Open-RAN 
     testbed, the Assistant Secretary shall, in consultation with 
     the Federal Communications Commission, partner with--
       (i) the First Responder Network Authority of the NTIA (also 
     known as ``FirstNet'') and the Public Safety Communications 
     Research Division of the National Institute of Standards and 
     Technology to examine use cases and applications for Open-RAN 
     technologies in a public safety network;
       (ii) other Federal agencies, as appropriate to examine use 
     cases and applications for Open-RAN technologies in other 
     areas of interest to such agencies; and
       (iii) international partners, as appropriate.
       (7) Stakeholder input.--The Assistant Secretary shall seek 
     input from stakeholders regarding the establishment and 
     operation of the Applied Research Open-RAN testbed.
       (8) Implementation deadline.--Not later than 180 days after 
     the date of enactment of this division, the Assistant 
     Secretary shall--
       (A) define metrics and parameters for the Applied Research 
     Open-RAN testbed, including functionality, project 
     configuration and capacity, performance, security 
     requirements, and quality assurance;
       (B) adopt any rules as necessary, in consultation with the 
     Federal Communications Commission; and
       (C) begin the development of the Applied Research Open-RAN 
     testbed, including seeking stakeholder input as required by 
     paragraph (7).
       (9) Report.--Not later than 1 year after the date of 
     enactment of this division, the Assistant Secretary shall 
     submit to the Committee on Commerce, Science and 
     Transportation of the Senate and the Committee on Energy and 
     Commerce of the House of Representatives a report on the 
     findings of the testbed and any recommendations for 
     additional legislative or regulatory actions relating to the 
     work of the testbed.
       (10) Authorization of appropriations.--
       (A) In general.--There are authorized to be appropriated 
     for the administration of the Applied Research Open-RAN 
     testbed $20,000,000 for fiscal year 2022, to remain available 
     until expended.
       (B) Rule of construction.--Nothing in paragraph (6) shall 
     be construed to obligate FirstNet or any other Federal entity 
     to pay for the cost of the Applied Research Open-RAN testbed 
     created under this section in the absence of the 
     appropriation of amounts under this paragraph.
       (C) Authorization for voluntary support.--A Federal entity, 
     including FirstNet, may voluntarily enter into an agreement 
     with NTIA to provide monetary or nonmonetary support for the 
     Applied Research Open-RAN testbed.
       (b) Participation in Standards-setting Bodies.--
       (1) Definitions.--In this section--
       (A) the term ``Assistant Secretary'' means the Assistant 
     Secretary of Commerce for Communications and Information;
       (B) the term ``eligible standards-setting body''--
       (i) means a standards-setting body, participation in which 
     may be funded by a grant awarded under paragraph (2), as 
     determined by the Assistant Secretary; and
       (ii) includes--

       (I) the 3rd Generation Partnership Project (commonly known 
     as ``3GPP'');
       (II) the Alliance for Telecommunications Industry Solutions 
     (commonly known as ``ATIS'');
       (III) the International Telecommunications Union (commonly 
     known as ``ITU'');
       (IV) the Institute for Electrical and Electronics Engineers 
     (commonly known as ``IEEE'');
       (V) the World Radiocommunications Conferences (commonly 
     known as the ``WRC'') of the ITU;
       (VI) the Internet Engineering Task Force (commonly known as 
     the ``IETF'');
       (VII) the International Organization for Standardization 
     (commonly known as the ``ISO'') and the International 
     Electrotechnical Commission (commonly known as the ``IEC'');
       (VIII) the O-RAN Alliance;
       (IX) the Telecommunications Industry Association (commonly 
     known as ``TIA''); and
       (X) any other standards-setting body identified under 
     paragraph (4);

       (C) the term ``Secretary'' means the Secretary of Commerce; 
     and
       (D) the term ``standards-setting body'' means an 
     international body that develops the standards for open 
     network architecture technologies.
       (2) Grant program.--
       (A) In general.--The Secretary, in collaboration with the 
     Assistant Secretary, shall award grants to private sector 
     entities based in the United States to participate in 
     eligible standards-setting bodies.
       (B) Prioritization.--The Secretary shall prioritize grants 
     awarded under this section to private sector entities that 
     would not otherwise be able to participate in eligible 
     standards-setting bodies without the grant.
       (3) Grant criteria.--Not later than 180 days after the date 
     on which amounts are appropriated under paragraph (5), the 
     Secretary, in collaboration with the Assistant Secretary, 
     shall establish criteria for the grants awarded under 
     paragraph (2).
       (4) Consultation with federal communications commission.--
     The Secretary shall consult with the Federal Communications 
     Commission in--
       (A) determining criteria for the grants awarded under 
     paragraph (2); and
       (B) determining which standards-setting bodies, if any, in 
     addition to the standards-setting bodies listed in paragraph 
     (1)(B)(ii) are eligible standards-setting bodies.
       (5) Authorization of appropriations.--
       (A) In general.--There are authorized to be appropriated 
     for grants under paragraph (2) $30,000,000 in total for 
     fiscal years 2022 through 2025, to remain available until 
     expended.
       (B) Administrative costs.--The Secretary may use not more 
     than 2 percent of any funds appropriated under this paragraph 
     for the administration of the grant program established under 
     this subsection.

     SEC. 2521. COMBATTING SEXUAL HARASSMENT IN SCIENCE.

       (a) Definitions.--This section may be cited as the 
     ``Combating Sexual Harassment in Science Act of 2021''.
       (b) Definitions.--In this section:
       (1) Director.--The term ``Director'' means the Director of 
     the National Science Foundation.
       (2) Federal science agency.--The term ``Federal science 
     agency'' means any Federal agency with an annual extramural 
     research expenditure of over $100,000,000.
       (3) Grant personnel.--The term ``grant personnel'' means 
     principal investigators and co-principal investigators 
     supported by a grant award under Federal law and their 
     trainees.
       (4) Institution of higher education.--The term 
     ``institution of higher education'' has the meaning given 
     such term in section 101 of the Higher Education Act of 1965 
     (20 U.S.C. 1001).
       (5) National academies.--The term ``National Academies'' 
     means the National Academies of Sciences, Engineering, and 
     Medicine.
       (6) Recipient.--The term ``recipient'' means an entity, 
     usually a non-Federal entity, that receives a Federal award 
     directly from a Federal awarding agency. The term 
     ``recipient'' does not include entities that receive 
     subgrants or individuals that are the beneficiaries of the 
     award.
       (7) Sexual harassment.--The term ``sexual harassment'' has 
     the meaning given such term in section 1604.11 of title 29, 
     Code of Federal Regulations (or any successor regulations).
       (c) Research Grants.--
       (1) In general.--The Director shall award grants, on a 
     competitive basis, to institutions of higher education or 
     nonprofit organizations (or consortia of such institutions or 
     organizations)--
       (A) to expand research efforts to better understand the 
     factors contributing to, and consequences of, sexual 
     harassment affecting individuals in the scientific, 
     technical, engineering, and mathematics workforce, including 
     students and trainees; and
       (B) to examine best practices to reduce the incidence and 
     negative consequences of such harassment.
       (2) Use of funds.--Activities funded by a grant under this 
     subsection may include--
       (A) research on the sexual harassment experiences of 
     individuals in underrepresented or vulnerable groups, 
     including communities of color, disabled individuals, foreign 
     nationals, sexual- and gender-minority individuals, and 
     others;
       (B) development and assessment of policies, procedures, 
     trainings, and interventions, with respect to sexual 
     harassment, conflict management, and ways to foster 
     respectful and inclusive climates;
       (C) research on approaches for remediating the negative 
     impacts and outcomes of such harassment on individuals 
     experiencing such harassment;
       (D) support for institutions of higher education or 
     nonprofit organizations to develop, adapt, implement, and 
     assess the impact of innovative, evidence-based strategies, 
     policies, and approaches to policy implementation to prevent 
     and address sexual harassment;
       (E) research on alternatives to the power dynamics and 
     hierarchical and dependent relationships in academia that 
     have been shown to create higher levels of risk for and lower 
     levels of reporting of sexual harassment; and
       (F) research related to the ongoing compilation, 
     management, and analysis of organizational climate survey 
     data.
       (d) Data Collection.--Not later than 180 days after the 
     date of enactment of this division, the Director, through the 
     National Center for Science and Engineering Statistics and 
     with guidance from the Office of Management and Budget given 
     their oversight of the Federal statistical agencies, shall 
     convene a working group composed of representatives of 
     Federal statistical agencies--
       (1) to develop questions on sexual harassment in science, 
     technology, engineering,

[[Page S2630]]

     and mathematics departments to gather national data on the 
     prevalence, nature, and implications of sexual harassment in 
     institutions of higher education that builds on the work 
     conducted by the National Center for Science and Engineering 
     Statistics in response to recommendations from the National 
     Academies to develop questions on harassment; and
       (2) to include such questions as appropriate, with 
     sufficient protections of the privacy of respondents, in 
     relevant surveys conducted by the National Center for Science 
     and Engineering Statistics and other relevant entities.
       (e) Responsible Conduct Guide.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this division, the Director shall enter into an 
     agreement with the National Academies to update the report 
     entitled ``On Being a Scientist: A Guide to Responsible 
     Conduct in Research'' issued by the National Academies. The 
     report, as so updated, shall include--
       (A) updated professional standards of conduct in research;
       (B) standards of treatment individuals can expect to 
     receive under such updated standards of conduct;
       (C) evidence-based practices for fostering a climate 
     intolerant of sexual harassment;
       (D) methods, including bystander intervention, for 
     identifying and addressing incidents of sexual harassment;
       (E) professional standards for mentorship and teaching with 
     an emphasis on power diffusion mechanisms and preventing 
     sexual harassment;
       (F) recommended vetting and hiring practices scientific 
     research entities are urged to implement to eliminate serial 
     harassers; and
       (G) other topics as the National Academies determines 
     appropriate.
       (2) Recommendations.--In updating the report under 
     paragraph (1), the National Academies shall take into account 
     recommendations made in the report issued by the National 
     Academies in 2018 entitled ``Sexual Harassment of Women: 
     Climate, Culture, and Consequences in Academic Sciences, 
     Engineering, and Medicine'' and other relevant studies and 
     evidence.
       (3) Report.--Not later than 18 months after the effective 
     date of the agreement under paragraph (1), the National 
     Academies, as part of such agreement, shall submit to the 
     Director and the Committee on Science, Space, and Technology 
     of the House of Representatives and the Committee on 
     Commerce, Science, and Transportation of the Senate the 
     report referred to in such subsection, as updated pursuant to 
     such subsection.
       (f) Policy Guidelines.--
       (1) Responsibilities of ostp.--The Director of the Office 
     of Science and Technology Policy, in coordination with the 
     working group on inclusion in STEM fields established under 
     section 308 of the American Innovation and Competitiveness 
     Act (42 U.S.C. 6626) and the Safe Inclusive Research 
     Environments Subcommittee of the National Science and 
     Technology Council, and in consultation with representatives 
     from each Federal science agency, the Department of 
     Education, and the Equal Employment Opportunity Commission, 
     shall--
       (A) not later than 90 days after the date of the enactment 
     of this division, 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 an inventory of Federal science agency policies, 
     procedures, and resources dedicated to preventing and 
     responding to reports of sexual harassment;
       (B) not later than 6 months after the date on which the 
     inventory is submitted under subparagraph (A)--
       (i) in consultation with outside stakeholders, develop a 
     set of policy guidelines for Federal science agencies; and
       (ii) submit a report to the committees referred to in 
     subparagraph (A) containing such guidelines;
       (C) encourage Federal science agencies to develop or 
     maintain and implement policies based on the guidelines 
     developed under subparagraph (B);
       (D) not later than 1 year after the date on which the 
     inventory under subparagraph (A) is submitted, and every 5 
     years thereafter, the Director of the Office of Science and 
     Technology Policy shall report to Congress on the 
     implementation by Federal science agencies of the policy 
     guidelines developed under subparagraph (B); and
       (E) update such policy guidelines as needed.
       (2) Requirements.--
       (A) In general.--In developing policy guidelines under 
     paragraph (1)(B), the Director of the Office of Science and 
     Technology Policy shall consider guidelines that require, to 
     the extent practicable--
       (i) recipients to submit to the Federal science agency or 
     agencies from which the recipients receive funding reports 
     relating to--

       (I) any decision made to launch a formal investigation of 
     sexual harassment by, or of, grant personnel; and
       (II) findings or determinations of sexual harassment by, or 
     of, grant personnel, including the final disposition of a 
     matter involving a violation of organizational policies and 
     processes, to include the exhaustion of permissible appeals, 
     or a conviction of a sexual offense in a criminal court of 
     law;

       (ii) the updating and sharing of reports of sexual 
     harassment submitted under clause (i) with relevant Federal 
     science agencies by agency request; and
       (iii) consistency among relevant Federal agencies with 
     regards to the policies and procedures for receiving reports 
     submitted pursuant to clause (i).
       (B) FERPA.--The Director of the Office of Science and 
     Technology Policy shall ensure that such guidelines and 
     requirements are consistent with the requirements of section 
     444 of the General Education Provisions Act (20 U.S.C. 1232g) 
     (commonly referred to as the ``Family Educational Rights and 
     Privacy Act of 1974'').
       (C) Privacy protections.--The Director of the Office of 
     Science and Technology Policy shall ensure that such 
     guidelines and requirements--
       (i) do not infringe upon the privacy rights of individuals 
     associated with reports submitted to Federal science 
     agencies; and
       (ii) do not require recipients to provide interim reports 
     to Federal science agencies.
       (3) Considerations.--In developing policy guidelines under 
     paragraph (1)(B), the Director of the Office of Science and 
     Technology Policy shall consider protocols that require or 
     incent--
       (A) recipients that receive funds from Federal science 
     agencies to periodically assess their organizational climate, 
     which may include the use of climate surveys, focus groups, 
     or exit interviews;
       (B) recipients that receive funds from Federal science 
     agencies to publish on a publicly available internet website 
     the results of assessments conducted pursuant to paragraph 
     (1), disaggregated by gender and, if possible, race, 
     ethnicity, disability status, and sexual orientation, and in 
     a manner that does not include personally identifiable 
     information;
       (C) recipients that receive funds from Federal science 
     agencies to make public on an annual basis the number of 
     determinations of sexual harassment at that institution or 
     organization;
       (D) recipients that receive funds from Federal science 
     agencies to regularly assess and improve policies, 
     procedures, and interventions to reduce the prevalence of and 
     improve the reporting of sexual harassment;
       (E) each entity applying for Federal assistance awards from 
     a Federal science agency to have a code of conduct for 
     maintaining a healthy and welcoming workplace for grant 
     personnel posted on their public website;
       (F) each recipient that receives funds from Federal science 
     agencies to have in place mechanisms for the re-integration 
     of individuals who have experienced sexual harassment; and
       (G) recipients that receive funds from Federal science 
     agencies to work to create a climate intolerant of sexual 
     harassment and that values and promotes diversity and 
     inclusion.
       (4) Federal science agency implementation.--Each Federal 
     science agency shall--
       (A) develop or maintain and implement policies with respect 
     to sexual harassment that are consistent with policy 
     guidelines under paragraph (1)(B) and that protect the 
     privacy of all parties involved in any report and 
     investigation of sexual harassment; and
       (B) broadly disseminate such policies to current and 
     potential recipients of research grants awarded by such 
     agency.
       (g) National Academies Assessment.--Not later than 3 years 
     after the date of enactment of this division, the Director 
     shall enter into an agreement with the National Academies to 
     undertake a study and issue a report on the influence of 
     sexual harassment in institutions of higher education on the 
     career advancement of individuals in the scientific, 
     engineering, technical, and mathematics workforce. The study 
     shall assess--
       (1) the state of research on sexual harassment in such 
     workforce;
       (2) whether research demonstrates a decrease in the 
     prevalence of sexual harassment in such workforce;
       (3) the progress made with respect to implementing 
     recommendations promulgated in the National Academies 
     consensus study report entitled ``Sexual Harassment of Women: 
     Climate, Culture, and Consequences in Academic Sciences, 
     Engineering, and Medicine'';
       (4) where to focus future efforts with respect to 
     decreasing sexual harassment in such institutions, including 
     specific recommendations; and
       (5) other recommendations and issues, as the National 
     Academies determines appropriate.
       (h) Government Accountability Office Study.--Not later than 
     3 years after the date of enactment of this division, the 
     Comptroller General of the United States shall--
       (1) complete a study that assesses the degree to which 
     Federal science agencies have implemented the policy 
     guidelines developed under subsection (f)(1)(B) and the 
     effectiveness of that implementation; and
       (2) submit a report to the Committee on Science, Space, and 
     Technology of the House of Representatives and the Committee 
     on Commerce, Science, and Transportation of the Senate on the 
     results of such study, including recommendations on potential 
     changes to practices and policies to improve those guidelines 
     and that implementation.
       (i) Harassment on the Basis of Pregnancy Status.--The 
     Director of the Office of Science and Technology Policy, in 
     consultation with the Equal Employment Opportunity 
     Commission, shall develop a definition of ``harassment on the 
     basis of pregnancy status'' for the purposes of carrying out 
     this section.

[[Page S2631]]

  


     SEC. 2522. NATIONAL SCIENCE CORPS.

       (a) Purpose.--It is the purpose of this section to elevate 
     the profession of STEM teaching by establishing a National 
     Science Corps that identifies outstanding STEM teachers in 
     our Nation's classrooms, rewards them for their 
     accomplishments, elevates their public profile, and creates 
     rewarding career paths to which all STEM teachers can aspire, 
     both to prepare future STEM researchers and to create a 
     scientifically literate public.
       (b) Definitions.--In this section:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the National Science Corps.
       (2) Eligible applicant.--The term ``eligible applicant'' 
     means a STEM teacher who has not less than 2 years of STEM 
     teaching experience and is employed as a public school 
     classroom instructor on the date of selection.
       (3) Eligible entity.--The term ``eligible entity'' means--
       (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 State educational agency (as defined in section 8101 
     of the Elementary and Secondary Education Act of 1965 (20 
     U.S.C. 7801));
       (C) a local educational agency (as defined in section 8101 
     of the Elementary and Secondary Education Act of 1965 (20 
     U.S.C. 7801)); and
       (D) a consortium composed of 1 or more of the entities 
     described in subparagraph (A), (B), or (C), or all 3, and 1 
     of the following entities:
       (i) An education nonprofit association.
       (ii) A cross sector STEM organization.
       (iii) A private entity, including a STEM-related business.
       (4) High-need school.--The term ``high-need school'' has 
     the meaning given the term in section 2211(b) of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6631(b)).
       (5) National science corps central entity.--The term 
     ``National Science Corps central entity'' means an office of 
     the Foundation that--
       (A) operates the National Science Corps in accordance with 
     the purposes of this section;
       (B) serves as a national convener to improve STEM 
     instruction, including improving the diversity of students 
     participating in STEM education and STEM teachers;
       (C) serves as standard-bearer and evaluator of regional 
     centers; and
       (D) is headed by the Administrator, who reports to the 
     Director.
       (6) Professional development.--The term ``professional 
     development'' has the meaning given the term in section 8101 
     of the Elementary and Secondary Education Act of 1965 (20 
     U.S.C. 7801).
       (7) Regional center.--The term ``regional center'' means a 
     regional center of the National Science Corps.
       (8) Stem.--The term ``STEM'' means science, technology, 
     engineering, and mathematics, including computer science.
       (9) Stem education advisory board.--The term ``STEM 
     Education Advisory Board'' means the Advisory Board for the 
     National Science Corps established under subsection (e).
       (c) Establishment of National Science Corps.--There is 
     established a National Science Corps 5-year pilot program to 
     be administered by the Administrator, who shall be appointed 
     by the Director, and overseen by the STEM Education Advisory 
     Board.
       (d) Duties of the Administrator.--The Administrator shall--
       (1) create a process and standards for selection of 
     eligible applicants to become members of the National Science 
     Corps, including--
       (A) uniform selection criteria that includes--
       (i) deep knowledge of STEM content and pedagogy;
       (ii) a passion for STEM subjects and dedication to 
     teaching, evidence of leadership skills, and potential for 
     continued career growth as an educator; and
       (iii) demonstrated experience increasing STEM student 
     achievement and STEM participation rates for all students, 
     particularly those from rural and high-need schools; and
       (B) a uniform selection process, including a comprehensive 
     application that includes recommendations and other relevant 
     professional information;
       (2) build an infrastructure to support the functions and 
     operations of the National Science Corps;
       (3) promote the National Science Corps and elevate best 
     practices that emerge from the National Science Corps to a 
     national audience;
       (4) evaluate the operation and effectiveness of the 
     regional centers; and
       (5) evaluate the overall and long-term impact of the 
     National Science Corps by--
       (A) documenting, monitoring, and assessing the program 
     outcomes or impact on the STEM careers of participants; and
       (B) documenting, monitoring, and assessing the program 
     outcomes for the STEM education profession nationwide, 
     particularly for rural and high-need schools.
       (e) STEM Education Advisory Board.--
       (1) Establishment.--There is established a STEM Education 
     Advisory Board to oversee the operations of the National 
     Science Corps for the length of the pilot program.
       (2) Composition.--
       (A) In general.--The members of the STEM Education Advisory 
     Board shall comply with the following:
       (i) Be appointed by the Director.
       (ii) Include a representative from each of the following:

       (I) School leaders.
       (II) STEM researchers.
       (III) STEM education researchers.
       (IV) Business leaders.
       (V) Kindergarten through grade 12 STEM educators.
       (VI) Students pursuing a postsecondary STEM degree.

       (B) Stem education advisory committee in existence.--The 
     Director may assign the duties of the STEM Education Advisory 
     Board, described in paragraph (3), to an advisory committee 
     of the Foundation in existence on the date of enactment of 
     this division.
       (3) Duties of the stem education advisory board.--In 
     overseeing the operations of the National Science Corps, the 
     STEM Education Advisory Board shall--
       (A) create a steering committee that is comprised of STEM 
     educators and researchers representing a variety of STEM 
     fields and representing geographic diversity, to help 
     establish the National Science Corps in its initial phases; 
     and
       (B) provide a direct connection of the National Science 
     Corps to the existing research and education communities, 
     ensuring that the National Science Corps program is 
     consistent with the aspirations of both.
       (f) Duties of the Regional Centers.--The Administrator 
     shall award not less than 10 and not more than 20 grants, on 
     a competitive basis, to establish regional centers at 
     eligible entities. Each regional center shall--
       (1) engage local partners, which may include local 
     educational agencies, institutions of higher education, STEM 
     organizations, or education nonprofit organizations, to--
       (A) develop and serve the community of National Science 
     Corps members within the region, in coordination local 
     partners to carry out day-to-day activities;
       (B) coordinate professional development activities, 
     including activities led by National Science Corps members;
       (C) connect National Science Corps members with existing 
     educator professional development programs and coordinate 
     members' involvement as cooperating teachers or mentors;
       (D) seek opportunities to involve teachers who are not 
     members of the National Science Corps to participate in 
     National Science Corps activities; and
       (E) build partnerships with existing education 
     organizations and other efforts by State educational agencies 
     and local educational agencies that operate programs relevant 
     to the National Science Corps and its activities;
       (2) recruit eligible applicants, with a focus on recruiting 
     diverse STEM educators based on race, ethnicity, sex, 
     socioeconomic status, age, disability status, and language 
     ability;
       (3) screen, interview, and select members of the National 
     Science Corps using procedures and standards provided by the 
     Administrator;
       (4) coordinate the online network that supports all 
     National Science Corps members in the region;
       (5) convene occasional meetings of National Science Corps 
     members in a region;
       (6) create opportunities for the professional growth of 
     National Service Corps members, with a focus on increasing 
     STEM student achievement and STEM participation rates for all 
     students, particularly those from rural and high-need 
     schools; and
       (7) support the retention and success of National Science 
     Corps members in the region.
       (g) Duties of Members of the National Science Corps.--An 
     eligible applicant that is selected by a regional center to 
     be a member of the National Science Corps shall--
       (1) serve a 4-year term with a possibility of 
     reappointment;
       (2) receive an annual stipend in an amount of up to 
     $15,000; and
       (3) have substantial responsibilities, including--
       (A) working with other members of the National Science 
     Corps to develop and improve innovative teaching practices, 
     including practices such as inquiry-based learning;
       (B) participating in professional development on innovative 
     teaching methodology and mentorship; and
       (C) continuing to excel in teaching the member's own 
     students, with a focus on advancing equity by spending 
     additional time teaching and coaching underserved students to 
     increase STEM student achievement and STEM participation 
     rates for students from rural and high-need schools.
       (h) Evaluations.--The Administrator shall evaluate the 
     activities of the regional centers every 2 years.
       (i) Authorization of Appropriations.--Out of funds 
     authorized under section 2106, there are authorized to be 
     appropriated $100,000,000 in fiscal years 2022 through 2026 
     to carry out this section.

     SEC. 2523. ANNUAL REPORT ON FOREIGN RESEARCH.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this division, and not less frequently than 
     every 2 years thereafter, the Director shall prepare and 
     submit a report to the relevant congressional committees 
     regarding the research funding from the National Science 
     Foundation provided to foreign entities.
       (b) Contents.--The report submitted under subsection (a) 
     shall include the following:

[[Page S2632]]

       (1) The total amount of National Science Foundation funds 
     provided to research institutions in foreign countries.
       (2) A complete list of projects funded by the National 
     Science Foundation provided to foreign entities, including 
     for each project--
       (A) a complete abstract;
       (B) the previous fiscal year's funding amount;
       (C) whether they have a connection to a foreign government 
     and to what extent the connection exists;
       (D) the names of principal investigators; and
       (E) a specific justification for funding the research 
     abroad instead of in the United States.

     SEC. 2524. ACCELERATING UNMANNED MARITIME SYSTEMS RESEARCH.

       (a) In General.--In order to support advances in marine 
     science and security at sea, 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 and applied research that 
     will accelerate innovation to advance unmanned maritime 
     systems for the purpose of providing greater maritime domain 
     awareness to the Nation.
       (b) Partnerships.--In implementing this section, the 
     Director shall establish partnerships with other Federal 
     agencies, including those established under the Commercial 
     Engagement Through Ocean Technology Act of 2018 (Public Law 
     115-394).
       (c) Use of Nsf Oceanographic Research Vessels.--The 
     Director may leverage the resources and capabilities of the 
     consortium operating the Directorate's regional class 
     research vessels to complement the research in unmanned 
     maritime systems.

     SEC. 2525. FOUNDATION FUNDING TO INSTITUTIONS HOSTING OR 
                   SUPPORTING CONFUCIUS INSTITUTES.

       (a) Definitions.--In this section--
       (1) the term ``Confucius Institute'' means a cultural 
     institute established as a partnership between a United 
     States institution of higher education and a Chinese 
     institution of higher education to promote and teach Chinese 
     language and culture that is funded, directly or indirectly, 
     by the Government of the People's Republic of China; and
       (2) the term ``institution of higher education'' has the 
     meaning given the term in section 102 of the Higher Education 
     Act of 1965 (20 U.S.C. 1002).
       (b) Restrictions of Confucius Institutes.--Except as 
     provided in subsection (d), none of the funds made available 
     to the Foundation under this Act, or an amendment made by 
     this Act, may be obligated or expended to an institution of 
     higher education that maintains a contract or agreement 
     between the institution and a Confucius Institute, unless the 
     Director, after consultation with the National Academies of 
     Science, Engineering, and Medicine, determines such a waiver 
     is appropriate in accordance with subsection (c).
       (c) Waiver.--The Director, after consultation with the 
     National Academies of Science, Engineering, and Medicine, may 
     issue a waiver for an institution of higher education that 
     maintains a contract or agreement between the institution and 
     a Confucius Institute if such contract or agreement includes 
     clear provisions that--
       (1) protect academic freedom at the institution;
       (2) prohibit the application of any foreign law on any 
     campus of the institution;
       (3) grant full managerial authority of the Confucius 
     Institute to the institution, including full control over 
     what is being taught, the activities carried out, the 
     research grants that are made, and who is employed at the 
     Confucius Institute; and
       (4) prohibit co-location with the institution's Chinese 
     language, history, and cultural programs and require separate 
     promotional materials.
       (d) Special Rule.--
       (1) In general.--Notwithstanding any other provision of 
     this section, this section shall not apply to an institution 
     of higher education if that institution has fulfilled the 
     requirements--
       (A) for a waiver from the Department of Defense as 
     described under section 1062 of the National Defense 
     Authorization Act for Fiscal Year 2021 (Public Law 116-283); 
     or
       (B) under section 6122 with respect to funding the provided 
     under the Higher Education Act of 1965 (20 U.S.C. 1001 et 
     seq.), except funds provided under title IV of such Act.
       (2) Exception.--Notwithstanding any other provision of this 
     section, the prohibition under subsection (b) shall not apply 
     to amounts provided to students as educational assistance.
       (e) Effective Date.--The limitation under subsection (b) 
     shall apply with respect to the first fiscal year that begins 
     after the date that is 2 years after the date of enactment of 
     this Act and to any subsequent fiscal year subject to 
     subsection (f).
       (f) Sunset.--This section shall cease to be effective on 
     the date that is 5 years after the date of enactment of this 
     Act.

     SEC. 2526. SUPPORTING DOCUMENTS.

       (a) In General.-- To ensure the security of research 
     products developed under this division, the Director shall, 
     on an annual basis, request from an institution of higher 
     education receiving an award made available by the National 
     Science Foundation Technology and Innovation Directorate 
     under this division--
       (1) final copies of any contracts, agreements, or 
     documentation of financial transactions between the 
     institution, a foundation of the institution, or related 
     entities, and any educational, cultural, or language entity 
     that is directly or indirectly funded by the Government of 
     the People's Republic of China; and
       (2) a detailed description of any financial contributions 
     from the Government of the People's Republic of China or its 
     affiliates to the institution, a foundation of the 
     institution, or related entities.
       (b) Office of the Inspector General.--The Director may 
     request an investigation by the Office of the Inspector 
     General into the research security practices of an 
     institution of higher education and, as appropriate, 
     recommend revocation of funding for relevant grants, in the 
     case that--
       (1) an institution of higher education fails to provide 
     information requested under subsection (a); or
       (2) a review of the information under subsection (a) by the 
     Chief of Research Security indicates threats to research 
     security.

     SEC. 2527. BASIC RESEARCH.

       (a) Nondisclosure of Members of Grant Review Panel.--
     Notwithstanding any other provision of law, each agency that 
     awards a Federal research grant shall not disclose, either 
     publicly or privately, to an applicant for such grant the 
     identity of any member of the grant review panel for such 
     applicant.
       (b) Public Accessibility of Research Funded by Taxpayers.--
       (1) Definition of federal agency.--In this section, the 
     term ``Federal agency'' means an Executive agency, as defined 
     under section 105 of title 5, United States Code.
       (2) Federal research public access policy.--
       (A) Requirement to develop policy.--
       (i) In general.--Not later than 1 year after the date of 
     enactment of this section, each Federal agency with annual 
     extramural research expenditures of over $100,000,000 shall 
     develop an agency research public access policy that is 
     consistent with and advances the purposes of the Federal 
     agency.
       (ii) Common procedures.--To the extent practicable, Federal 
     agencies required to develop a policy under clause (i) shall 
     follow common procedures for the collection and depositing of 
     research papers.
       (B) Content.--Each Federal research public access policy 
     shall provide for--
       (i) submission to a digital repository designated or 
     maintained by the Federal agency of an electronic version of 
     the author's final manuscript of original research papers 
     that have been accepted for publication in peer-reviewed 
     journals and that result from research supported, in whole or 
     in part, from funding by the Federal Government;
       (ii) the incorporation of any changes resulting from the 
     peer review publication process in the manuscript described 
     under clause (i);
       (iii) the replacement of the final manuscript with the 
     final published version if--

       (I) the publisher consents to the replacement; and
       (II) the goals of the Federal agency for functionality and 
     interoperability are retained;

       (iv) free online public access to such final peer-reviewed 
     manuscripts or published versions within a time period that 
     is appropriate for each type of research conducted or 
     sponsored by the Federal agency, not later than 12 months 
     after publication in peer-reviewed journals, preferably 
     sooner, or as adjusted under established mechanisms;
       (v) providing research papers as described in clause (iv) 
     in formats and under terms that enable productive reuse of 
     the research and computational analysis by state-of-the-art 
     technologies;
       (vi) improving the ability of the public to locate and 
     access research papers made accessible under the Federal 
     research public access policy; and
       (vii) long-term preservation of, and free public access to, 
     published research findings--

       (I) in a stable digital repository maintained by the 
     Federal agency; or
       (II) if consistent with the purposes of the Federal agency, 
     in any repository meeting conditions determined favorable by 
     the Federal agency, including free public access, 
     interoperability, and long-term preservation.

       (C) Application of policy.--Each Federal research public 
     access policy shall--
       (i) apply to--

       (I) researchers employed by the Federal agency whose works 
     remain in the public domain; and
       (II) researchers funded by the Federal agency;

       (ii) provide that works described under clause (i)(I) shall 
     be--

       (I) marked as being public domain material when published; 
     and
       (II) made available at the same time such works are made 
     available under subparagraph (B)(iv); and

       (iii) make effective use of any law or guidance relating to 
     the creation and reservation of a Government license that 
     provides for the reproduction, publication, release, or other 
     uses of a final manuscript for Federal purposes.
       (D) Exclusions.--Each Federal research public access policy 
     shall not apply to--
       (i) research progress reports presented at professional 
     meetings or conferences;
       (ii) laboratory notes, preliminary data analyses, notes of 
     the author, phone logs, or other information used to produce 
     final manuscripts;
       (iii) classified research, research resulting in works that 
     generate revenue or royalties

[[Page S2633]]

     for authors (such as books) or patentable discoveries, to the 
     extent necessary to protect a copyright or patent; or
       (iv) authors who do not submit their work to a journal or 
     works that are rejected by journals.
       (3) Rule of construction regarding patent or copyright 
     law.--Nothing in this section shall be construed to affect 
     any right under the provisions of title 17 or 35, United 
     States Code.
       (4) GAO report.--Not later than 3 years after the date of 
     enactment of this section, and every 5 years thereafter, the 
     Comptroller General of the United States shall submit to 
     Congress a report that--
       (A) includes an analysis of the period between the date on 
     which each applicable paper becomes publicly available in a 
     journal and the date on which the paper is in the online 
     repository of the applicable Federal agency; and
       (B) examines the effectiveness of the Federal research 
     public access policy in providing the public with free online 
     access to papers on research funded by each Federal agency 
     required to develop a policy under paragraph (2)(A), 
     including--
       (i) whether the terms of use applicable to such research 
     papers in effect are effective in enabling productive reuse 
     of the research and computational analysis by state-of-the-
     art technologies; and
       (ii) whether such research papers should include a royalty-
     free copyright license that is available to the public and 
     that permits the reuse of those research papers, on the 
     condition that attribution is given to the author or authors 
     of the research and any others designated by the copyright 
     owner.
       (5) Downstream reporting.--Any person or institution 
     awarded a grant from a Federal research agency shall--
       (A) notify and seek authorization from the relevant agency 
     for any funds derived from the grant made available through a 
     subgrant or subsequent grant (including to an employee or 
     subdivision of the grant recipient's organization); and
       (B) ensure that each subgrant or subsequent grant award 
     (including to an employee or subdivision of the grant 
     recipient's organization) funded with funds derived from the 
     Federal grant is within the scope of the Federal grant award.
       (6) Impartiality in funding scientific research.--
     Notwithstanding any other provision of law, each Federal 
     agency, in awarding grants for scientific research, shall be 
     impartial and shall not seek to advance any political 
     position or fund a grant to reach a predetermined conclusion.

                        TITLE VI--SPACE MATTERS

                         Subtitle A--SPACE Act

     SEC. 2601. SHORT TITLE.

       This subtitle may be cited as the ``Space Preservation and 
     Conjunction Emergency Act of 2021'' or the ``SPACE Act of 
     2021''.

     SEC. 2602. SENSE OF CONGRESS.

       It is the sense of Congress that--
       (1) the increasingly congested nature of the space 
     environment requires immediate action to address the threat 
     of collisions between spacecraft and orbital debris;
       (2) such collisions threaten the billions of dollars of 
     existing United States and allied spacecraft, including the 
     International Space Station, and endanger the future 
     usability of space;
       (3) the provision of accurate and timely notice to 
     commercial satellite operators with respect to potential 
     conjunctions enhances safety;
       (4) a 2020 National Academies for Public Administration 
     study identified the Department of Commerce as the preferred 
     Federal agency to manage, process, and disseminate space 
     situational awareness data to commercial satellite operators; 
     and
       (5) given the growing space economy, elevating the Office 
     of Space Commerce within the Department of Commerce may 
     enhance the ability of the Office of Space Commerce--
       (A) to promote space safety through future space 
     situational awareness and space traffic management efforts; 
     and
       (B) to coordinate with other Federal agencies and foreign 
     entities.

     SEC. 2603. DEFINITIONS.

       In this subtitle:
       (1) Center.--The term ``Center'' means a Center of 
     Excellence for Space Situational Awareness established under 
     section 2605.
       (2) 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).
       (3) Orbital debris.--The term ``orbital debris'' means any 
     space object that--
       (A) remains in orbit; and
       (B) no longer serves any useful function or purpose.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of Commerce.
       (5) Space object.--The term ``space object'' means any 
     object launched into space or created in space by humans.
       (6) Space situational awareness.--The term ``space 
     situational awareness'' means--
       (A) the identification and characterization of space 
     objects and orbital debris; and
       (B) the understanding of the manner in which space objects 
     and orbital debris behave in space.

     SEC. 2604. SPACE SITUATIONAL AWARENESS DATA, INFORMATION, AND 
                   SERVICES: PROVISION TO NON-UNITED STATES 
                   GOVERNMENT ENTITIES.

       (a) In General.--Chapter 507 of title 51, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 50704. Space situational awareness data, information, 
       and services: provision to non-United States Government 
       entities

       ``(a) Space Situational Awareness Program.--
       ``(1) Requirement.--Pursuant to the authority provided in 
     section 50702, the Director of Space Commerce, in 
     coordination with appropriate entities within the Department 
     of Commerce and the heads of other relevant Federal 
     agencies--
       ``(A) shall carry out a program to improve the collection, 
     processing, and dissemination of space situational awareness 
     data, information, and services;
       ``(B) subject to paragraph (2), may provide such data, 
     information, and services to 1 or more eligible entities 
     described in subsection (b);
       ``(C) may obtain such data, information, and services from 
     1 or more such eligible entities; and
       ``(D) not later than 180 days after the date of the 
     enactment of this section, shall obtain data or services from 
     1 or more United States commercial entities, to be stored in 
     an open-architecture data repository that uses commercially 
     available cloud-based computing platforms and other analytic 
     or visualization capabilities.
       ``(2) Type of information provided.--
       ``(A) In general.--Data and information provided to 
     eligible entities under paragraph (1)(B) shall be safety-
     related and unclassified.
       ``(B) National security.--The Secretary of Commerce, in 
     consultation with the Secretary of Defense and the heads of 
     other relevant Federal agencies, shall develop a policy to 
     determine the type of information that may be provided under 
     paragraph (1) without compromising the national security 
     interests of the United States.
       ``(b) Eligible Entity Described.--An eligible entity 
     described in this subsection is any non-United States 
     Government entity, including--
       ``(1) a State;
       ``(2) a political subdivision of a State;
       ``(3) a United States commercial entity;
       ``(4) the government of a foreign country; and
       ``(5) a foreign commercial entity.
       ``(c) Public Services.--
       ``(1) In general.--The Secretary of Commerce shall 
     designate a basic level of space situational awareness data, 
     information, and services to be provided at no charge to 1 or 
     more eligible entities described in subsection (b), which 
     shall include public services, free of charge, such as--
       ``(A) a public catalog of tracked space objects;
       ``(B) emergency conjunction notifications; and
       ``(C) any other data or services the Director of Space 
     Commerce considers appropriate.
       ``(2) Limitation.--The Secretary of Commerce may only 
     provide data or services under paragraph (1)(C) that compete 
     with products offered by United States commercial entities if 
     the provision of such data or services is required to address 
     a threat to space safety.
       ``(d) Advanced Services.--The Secretary of Commerce may 
     undertake activities to promote the development of advanced 
     space situational awareness data, information, and services 
     to foster the growth of a global space safety industry.
       ``(e) Procedures.--The Secretary of Commerce shall 
     establish procedures by which the authority under this 
     section shall be carried out.
       ``(f) Immunity.--The United States, any agency or 
     instrumentality thereof, and any individual, firm, 
     corporation, or other person acting for the United States 
     shall be immune from any suit in any court for any cause of 
     action arising from the provision or receipt of space 
     situational awareness data, information, or services, whether 
     or not provided in accordance with this section, or any 
     related action or omission.

     ``Sec. 50705. Authorization of appropriations

       ``There is authorized to be appropriated to the Secretary 
     of Commerce to carry out this chapter $15,000,000 for fiscal 
     year 2021.''.
       (b) Technical and Conforming Amendment.--The table of 
     sections for chapter 507 of title 51, United States Code, is 
     amended by inserting after the item relating to section 50703 
     the following:

``50704. Space situational awareness data, information, and services: 
              provision to non-United States Government entities.
``50705. Authorization of appropriations.''.

     SEC. 2605. CENTERS OF EXCELLENCE FOR SPACE SITUATIONAL 
                   AWARENESS.

       (a) In General.--Subject to appropriations, the Secretary 
     shall award grants to eligible entities to establish 1 or 
     more Centers of Excellence for Space Situational Awareness to 
     advance scientific, technological, transdisciplinary, and 
     policy research in space situational awareness.
       (b) Purposes.--Each Center shall--
       (1) conduct transdisciplinary research, development, and 
     demonstration projects related to detecting, tracking, 
     identifying, characterizing, modeling, and minimizing space 
     safety, security, and sustainability risks to improve--
       (A) space situational awareness and the development of 
     open-architecture resources for improved space safety, 
     security, and sustainability;

[[Page S2634]]

       (B) the unique identification, tracking, classification, 
     prediction, and modeling of orbital debris and space objects;
       (C) the monitoring, quantification, assessment, modeling, 
     and prediction of space operations and environmental threats 
     and hazards, including in space collisions;
       (D) peer exchange and documentation of evidence-based 
     practices, policies, laws, and regulations related to orbital 
     debris mitigation and remediation; and
       (E) sharing, modeling, and curation of data related to 
     orbital debris, space objects, and the environment of orbital 
     debris and space objects;
       (2) conduct policy research related to space safety, 
     security, and sustainability so as to improve sharing of 
     common data and legal standards related to orbital debris;
       (3) leverage non-Federal sources of support to improve 
     space situational awareness and minimize space safety, 
     security, and sustainability risks; and
       (4) draw on commercial capabilities and data, as 
     appropriate.
       (c) Eligible Entities.--
       (1) In general.--To be eligible for a grant under this 
     section, an entity shall be a consortium led by--
       (A) an institution of higher education; or
       (B) a nonprofit organization.
       (2) Membership of consortium.--The consortium referred to 
     in paragraph (1) may include 1 or more--
       (A) commercial entities;
       (B) Federal laboratories, including Department of Defense 
     research laboratories; and
       (C) other institutions of higher education or nonprofit 
     organizations.
       (d) Considerations.--In awarding grants under this section, 
     the Secretary shall consider, at a minimum--
       (1) the potential of a proposed Center--
       (A) to improve the science and technology of space 
     situational awareness; and
       (B) to reduce the amount of space safety, security, and 
     sustainability risks; and
       (2) the commitment of financial support, advice, 
     participation, and other contributions from non-Federal 
     sources.
       (e) Grant Period.--A grant awarded under this section shall 
     be awarded for a period of 5 years.
       (f) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $20,000,000.

Subtitle B--National Aeronautics and Space Administration Authorization 
                                  Act

     SEC. 2611. SHORT TITLE.

       This subtitle may be cited as the ``National Aeronautics 
     and Space Administration Authorization Act of 2021''.

     SEC. 2612. DEFINITIONS.

       In this subtitle:
       (1) Administration.--The term ``Administration'' means the 
     National Aeronautics and Space Administration.
       (2) Administrator.--The term ``Administrator'' means the 
     Administrator of the National Aeronautics and Space 
     Administration.
       (3) Appropriate committees of congress.--Except as 
     otherwise expressly provided, the term ``appropriate 
     committees of Congress'' means--
       (A) the Committee on Commerce, Science, and Transportation 
     of the Senate; and
       (B) the Committee on Science, Space, and Technology of the 
     House of Representatives.
       (4) Cislunar space.--The term ``cislunar space'' means the 
     region of space beyond low-Earth orbit out to and including 
     the region around the surface of the Moon.
       (5) Deep space.--The term ``deep space'' means the region 
     of space beyond low-Earth orbit, including cislunar space.
       (6) Development cost.--The term ``development cost'' has 
     the meaning given the term in section 30104 of title 51, 
     United States Code.
       (7) ISS.--The term ``ISS'' means the International Space 
     Station.
       (8) ISS management entity.--The term ``ISS management 
     entity'' means the organization with which the Administrator 
     has entered into a cooperative agreement under section 504(a) 
     of the National Aeronautics and Space Administration 
     Authorization Act of 2010 (42 U.S.C. 18354(a)).
       (9) NASA.--The term ``NASA'' means the National Aeronautics 
     and Space Administration.
       (10) Orion.--The term ``Orion'' means the multipurpose crew 
     vehicle described in section 303 of the National Aeronautics 
     and Space Administration Authorization Act of 2010 (42 U.S.C. 
     18323).
       (11) OSTP.--The term ``OSTP'' means the Office of Science 
     and Technology Policy.
       (12) Space launch system.--The term ``Space Launch System'' 
     means the Space Launch System authorized under section 302 of 
     the National Aeronautics and Space Administration Act of 2010 
     (42 U.S.C. 18322).

                PART I--AUTHORIZATION OF APPROPRIATIONS

     SEC. 2613. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to the 
     Administration for fiscal year 2021 $23,495,000,000 as 
     follows:
       (1) For Exploration, $6,706,400,000.
       (2) For Space Operations, $3,988,200,000.
       (3) For Science, $7,274,700,000.
       (4) For Aeronautics, $828,700,000.
       (5) For Space Technology, $1,206,000,000.
       (6) For Science, Technology, Engineering, and Mathematics 
     Engagement, $120,000,000.
       (7) For Safety, Security, and Mission Services, 
     $2,936,500,000.
       (8) For Construction and Environmental Compliance and 
     Restoration, $390,300,000.
       (9) For Inspector General, $44,200,000.

               PART II--HUMAN SPACEFLIGHT AND EXPLORATION

     SEC. 2614. COMPETITIVENESS WITHIN THE HUMAN LANDING SYSTEM 
                   PROGRAM.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) advances in space technology and space exploration 
     capabilities ensure the long-term technological preeminence, 
     economic competitiveness, STEM workforce development, and 
     national security of the United States;
       (2) the development of technologies that enable human 
     exploration of the lunar surface and other celestial bodies 
     is critical to the space industrial base of the United 
     States;
       (3) commercial entities in the United States have made 
     significant investment and progress toward the development of 
     human-class lunar landers;
       (4) NASA developed the Artemis program--
       (A) to fulfill the goal of landing United States 
     astronauts, including the first woman and the next man, on 
     the Moon; and
       (B) to collaborate with commercial and international 
     partners to establish sustainable lunar exploration by 2028;
       (5) in carrying out the Artemis program, the Administrator 
     should ensure that the entire Artemis program is inclusive 
     and representative of all people of the United States, 
     including women and minorities; and
       (6) maintaining multiple technically credible providers 
     within NASA commercial programs is a best practice that 
     reduces programmatic risk.
       (b) Statement of Policy.--It shall be the policy of the 
     United States--
       (1) to bolster the domestic space technology industrial 
     base, using existing tools and authorities, particularly in 
     areas central to competition between the United States and 
     the People's Republic of China; and
       (2) to mitigate threats and minimize challenges to the 
     superiority of the United States in space technology, 
     including lunar infrastructure and lander capabilities.
       (c) Human Landing System Program.--
       (1) In general.--Not later than 60 days after the date of 
     the enactment of this division, the Administrator shall 
     maintain competitiveness within the human landing system 
     program by funding design, development, testing, and 
     evaluation for not fewer than 2 entities.
       (2) Requirements.--In carrying out the human landing system 
     program referred to in paragraph (1), the Administrator 
     shall, to the extent practicable--
       (A) encourage reusability and sustainability of systems 
     developed; and
       (B) offer existing capabilities and assets of NASA centers 
     to support such partnerships.
       (3) Briefing.--Not later than 60 days after the date of the 
     enactment of this division, the Administrator shall provide 
     to the appropriate committees of Congress a briefing on the 
     implementation of paragraph (1).
       (4) Authorization of appropriations.--In addition to 
     amounts otherwise appropriated for the Artemis program, for 
     fiscal years 2021 through 2025, there is authorized to be 
     appropriated $10,032,000,000 to NASA to carry out the human 
     landing system program.
       (5) Savings.--The Administrator shall not, in order to 
     comply with the obligations referred to in paragraph (1), 
     modify, terminate, or rescind any selection decisions or 
     awards made under the human landing system program that were 
     announced prior to the date of enactment of this division.
       (d) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committee on Commerce, Science, and Transportation 
     and the Committee on Appropriations of the Senate; and
       (2) the Committee on Science, Space, and Technology and the 
     Committee on Appropriations of the House of Representatives.

     SEC. 2615. SPACE LAUNCH SYSTEM CONFIGURATIONS.

       (a) Mobile Launch Platform.--The Administrator is 
     authorized to maintain 2 operational mobile launch platforms 
     to enable the launch of multiple configurations of the Space 
     Launch System.
       (b) Exploration Upper Stage.--To meet the capability 
     requirements under section 302(c)(2) of the National 
     Aeronautics and Space Administration Authorization Act of 
     2010 (42 U.S.C. 18322(c)(2)), the Administrator shall 
     continue development of the Exploration Upper Stage for the 
     Space Launch System with a scheduled availability sufficient 
     for use on the third launch of the Space Launch System.
       (c) Briefing.--Not later than 90 days after the date of the 
     enactment of this division, the Administrator shall brief the 
     appropriate committees of Congress on the development and 
     scheduled availability of the Exploration Upper Stage for the 
     third launch of the Space Launch System.
       (d) Main Propulsion Test Article.--To meet the requirements 
     under section 302(c)(3) of the National Aeronautics and Space 
     Administration Authorization Act of 2010 (42 U.S.C. 
     18322(c)(3)), the Administrator shall--
       (1) immediately on completion of the first full-duration 
     integrated core stage test of the Space Launch System, 
     initiate development of a main propulsion test article for 
     the integrated core stage propulsion elements of the Space 
     Launch System, consistent with cost and schedule constraints, 
     particularly for long-lead propulsion hardware needed for 
     flight;

[[Page S2635]]

       (2) not later than 180 days after the date of the enactment 
     of this division, submit to the appropriate committees of 
     Congress a detailed plan for the development and operation of 
     such main propulsion test article; and
       (3) use existing capabilities of NASA centers for the 
     design, manufacture, and operation of the main propulsion 
     test article.

     SEC. 2616. ADVANCED SPACESUITS.

       (a) Sense of Congress.--It is the sense of Congress that 
     next-generation advanced spacesuits are a critical technology 
     for human space exploration and use of low-Earth orbit, 
     cislunar space, the surface of the Moon, and Mars.
       (b) Development Plan.--The Administrator shall establish a 
     detailed plan for the development and manufacture of advanced 
     spacesuits, consistent with the deep space exploration goals 
     and timetables of NASA.
       (c) Diverse Astronaut Corps.--The Administrator shall 
     ensure that spacesuits developed and manufactured after the 
     date of the enactment of this division are capable of 
     accommodating a wide range of sizes of astronauts so as to 
     meet the needs of the diverse NASA astronaut corps.
       (d) ISS Use.--Throughout the operational life of the ISS, 
     the Administrator should fully use the ISS for testing 
     advanced spacesuits.
       (e) Prior Investments.--
       (1) In general.--In developing an advanced spacesuit, the 
     Administrator shall, to the maximum extent practicable, 
     partner with industry-proven spacesuit design, development, 
     and manufacturing suppliers and leverage prior and existing 
     investments in advanced spacesuit technologies and existing 
     capabilities at NASA centers to maximize the benefits of such 
     investments and technologies.
       (2) Agreements with private entities.--In carrying out this 
     subsection, the Administrator may enter into 1 or more 
     agreements with 1 or more private entities for the 
     manufacture of advanced spacesuits, as the Administrator 
     considers appropriate.
       (f) Briefing.--Not later than 180 days after the date of 
     the enactment of this division, and semiannually thereafter 
     until NASA procures advanced spacesuits under this section, 
     the Administrator shall brief the appropriate committees of 
     Congress on the development plan in subsection (b).

     SEC. 2617. ACQUISITION OF DOMESTIC SPACE TRANSPORTATION AND 
                   LOGISTICS RESUPPLY SERVICES.

       (a) In General.--Except as provided in subsection (b), the 
     Administrator shall not enter into any contract with a person 
     or entity that proposes to use, or will use, a foreign launch 
     provider for a commercial service to provide space 
     transportation or logistics resupply for--
       (1) the ISS; or
       (2) any Government-owned or Government-funded platform in 
     Earth orbit or cislunar space, on the lunar surface, or 
     elsewhere in space.
       (b) Exception.--The Administrator may enter into a contract 
     with a person or an entity that proposes to use, or will use, 
     a foreign launch provider for a commercial service to carry 
     out an activity described in subsection (a) if--
       (1) a domestic vehicle or service is unavailable; or
       (2) the launch vehicle or service is a contribution by a 
     partner to an international no-exchange-of-funds 
     collaborative effort.
       (c) Rule of Construction.--Nothing in this section shall be 
     construed to prohibit the Administrator from entering into 1 
     or more no-exchange-of-funds collaborative agreements with an 
     international partner in support of the deep space 
     exploration plan of NASA.

     SEC. 2618. ROCKET ENGINE TEST INFRASTRUCTURE.

       (a) In General.--The Administrator shall continue to carry 
     out a program to modernize rocket propulsion test 
     infrastructure at NASA facilities--
       (1) to increase capabilities;
       (2) to enhance safety;
       (3) to support propulsion development and testing; and
       (4) to foster the improvement of Government and commercial 
     space transportation and exploration.
       (b) Projects.--Projects funded under the program described 
     in subsection (a) may include--
       (1) infrastructure and other facilities and systems 
     relating to rocket propulsion test stands and rocket 
     propulsion testing;
       (2) enhancements to test facility capacity and flexibility; 
     and
       (3) such other projects as the Administrator considers 
     appropriate to meet the goals described in that subsection.
       (c) Requirements.--In carrying out the program under 
     subsection (a), the Administrator shall--
       (1) prioritize investments in projects that enhance test 
     and flight certification capabilities for large thrust-level 
     atmospheric and altitude engines and engine systems, and 
     multi-engine integrated test capabilities;
       (2) continue to make underutilized test facilities 
     available for commercial use on a reimbursable basis; and
       (3) ensure that no project carried out under this program 
     adversely impacts, delays, or defers testing or other 
     activities associated with facilities used for Government 
     programs, including--
       (A) the Space Launch System and the Exploration Upper Stage 
     of the Space Launch System;
       (B) in-space propulsion to support exploration missions; or
       (C) nuclear propulsion testing.
       (d) Rule of Construction.--Nothing in this section shall 
     preclude a NASA program, including the Space Launch System 
     and the Exploration Upper Stage of the Space Launch System, 
     from using the modernized test infrastructure developed under 
     this section.
       (e) Working Capital Fund Study.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this division, the Administrator shall 
     submit to the appropriate committees of Congress a report on 
     the use of the authority under section 30102 of title 51, 
     United States Code, to promote increased use of NASA rocket 
     propulsion test infrastructure for research, development, 
     testing, and evaluation activities by other Federal agencies, 
     firms, associations, corporations, and educational 
     institutions.
       (2) Matters to be included.--The report required by 
     paragraph (1) shall include the following:
       (A) An assessment of prior use, if any, of the authority 
     under section 30102 of title 51, United States Code, to 
     improve testing infrastructure.
       (B) An analysis of any barrier to implementation of such 
     authority for the purpose of promoting increased use of NASA 
     rocket propulsion test infrastructure.

     SEC. 2619. PEARL RIVER MAINTENANCE.

       (a) In General.--The Administrator shall coordinate with 
     the Chief of the Army Corps of Engineers to ensure the 
     continued navigability of the Pearl River and Little Lake 
     channels sufficient to support NASA barge operations 
     surrounding Stennis Space Center and the Michoud Assembly 
     Facility.
       (b) Report to Congress.--Not later than 180 days after the 
     date of the enactment of this division, the Administrator 
     shall submit to the appropriate committees of Congress a 
     report on efforts under subsection (a).
       (c) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committee on Commerce, Science, and Transportation, 
     the Committee on Environment and Public Works, and the 
     Committee on Appropriations of the Senate; and
       (2) the Committee on Science, Space, and Technology, the 
     Committee on Transportation and Infrastructure, and the 
     Committee on Appropriations of the House of Representatives.

     SEC. 2620. VALUE OF INTERNATIONAL SPACE STATION AND 
                   CAPABILITIES IN LOW-EARTH ORBIT.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) it is in the national and economic security interests 
     of the United States to maintain a continuous human presence 
     in low-Earth orbit;
       (2) low-Earth orbit should be used as a test bed to advance 
     human space exploration and scientific discoveries; and
       (3) the ISS is a critical component of economic, 
     commercial, and industrial development in low-Earth orbit.
       (b) Human Presence Requirement.--The United States shall 
     continuously maintain the capability for a continuous human 
     presence in low-Earth orbit through and beyond the useful 
     life of the ISS.

     SEC. 2621. EXTENSION AND MODIFICATION RELATING TO 
                   INTERNATIONAL SPACE STATION.

       (a) Policy.--Section 501(a) of the National Aeronautics and 
     Space Administration Authorization Act of 2010 (42 U.S.C. 
     18351(a)) is amended by striking ``2024'' and inserting 
     ``2030''.
       (b) Maintenance of United States Segment and Assurance of 
     Continued Operations.--Section 503(a) of the National 
     Aeronautics and Space Administration Authorization Act of 
     2010 (42 U.S.C. 18353(a)) is amended by striking ``September 
     30, 2024'' and inserting ``September 30, 2030''.
       (c) Research Capacity Allocation and Integration of 
     Research Payloads.--Section 504(d) of the National 
     Aeronautics and Space Administration Authorization Act of 
     2010 (42 U.S.C. 18354(d)) is amended--
       (1) in paragraph (1), in the first sentence--
       (A) by striking ``As soon as practicable'' and all that 
     follows through ``2011,'' and inserting ``The''; and
       (B) by striking ``September 30, 2024'' and inserting 
     ``September 30, 2030''; and
       (2) in paragraph (2), in the third sentence, by striking 
     ``September 30, 2024'' and inserting ``September 30, 2030''.
       (d) Maintenance of Use.--Section 70907 of title 51, United 
     States Code, is amended--
       (1) in the section heading, by striking ``2024'' and 
     inserting ``2030'';
       (2) in subsection (a), by striking ``September 30, 2024'' 
     and inserting ``September 30, 2030''; and
       (3) in subsection (b)(3), by striking ``September 30, 
     2024'' and inserting ``September 30, 2030''.
       (e) Transition Plan Reports.--Section 50111(c)(2) of title 
     51, United States Code is amended--
       (1) in the matter preceding subparagraph (A), by striking 
     ``2023'' and inserting ``2028''; and
       (2) in subparagraph (J), by striking ``2028'' and inserting 
     ``2030''.
       (f) Elimination of International Space Station National 
     Laboratory Advisory Committee.--Section 70906 of title 51, 
     United States Code, is repealed.
       (g) Conforming Amendments.--Chapter 709 of title 51, United 
     States Code, is amended--

[[Page S2636]]

       (1) by redesignating section 70907 as section 70906; and
       (2) in the table of sections for the chapter, by striking 
     the items relating to sections 70906 and 70907 and inserting 
     the following:

``70906. Maintaining use through at least 2030.''.

     SEC. 2622. DEPARTMENT OF DEFENSE ACTIVITIES ON INTERNATIONAL 
                   SPACE STATION.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this division, the Secretary of Defense 
     shall--
       (1) identify and review each activity, program, and project 
     of the Department of Defense completed, being carried out, or 
     planned to be carried out on the ISS as of the date of the 
     review; and
       (2) provide to the appropriate committees of Congress a 
     briefing that describes the results of the review.
       (b) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committee on Armed Services, the Committee on 
     Appropriations, and the Committee on Commerce, Science, and 
     Transportation of the Senate; and
       (2) the Committee on Armed Services, the Committee on 
     Appropriations, and the Committee on Science, Space, and 
     Technology of the House of Representatives.

     SEC. 2623. COMMERCIAL DEVELOPMENT IN LOW-EARTH ORBIT.

       (a) Statement of Policy.--It is the policy of the United 
     States to encourage the development of a thriving and robust 
     United States commercial sector in low-Earth orbit.
       (b) Preference for United States Commercial Products and 
     Services.--The Administrator shall continue to increase the 
     use of assets, products, and services of private entities in 
     the United States to fulfill the low-Earth orbit requirements 
     of the Administration.
       (c) Noncompetition.--
       (1) In general.--Except as provided in paragraph (2), the 
     Administrator may not offer to a foreign person or a foreign 
     government a spaceflight product or service relating to the 
     ISS, if a comparable spaceflight product or service, as 
     applicable, is offered by a private entity in the United 
     States.
       (2) Exception.--The Administrator may offer a spaceflight 
     product or service relating to the ISS to the government of a 
     country that is a signatory to the Agreement Among the 
     Government of Canada, Governments of Member States of the 
     European Space Agency, the Government of Japan, the 
     Government of the Russian Federation, and the Government of 
     the United States of America Concerning Cooperation on the 
     Civil International Space Station, signed at Washington 
     January 29, 1998, and entered into force on March 27, 2001 
     (TIAS 12927), including an international partner astronaut 
     (as defined in section 50902 of title 51, United States Code) 
     that is sponsored by the government of such a country.
       (d) Short-duration Commercial Missions.--To provide 
     opportunities for additional transport of astronauts to the 
     ISS and help establish a commercial market in low-Earth 
     orbit, the Administrator may permit short-duration missions 
     to the ISS for commercial passengers on a fully or partially 
     reimbursable basis.
       (e) Program Authorization.--
       (1) Establishment.--The Administrator shall establish a 
     low-Earth orbit commercial development program to encourage 
     the fullest commercial use and development of space by 
     private entities in the United States.
       (2) Elements.--The program established under paragraph (1) 
     shall, to the maximum extent practicable, include 
     activities--
       (A) to stimulate demand for--
       (i) space-based commercial research, development, and 
     manufacturing;
       (ii) spaceflight products and services; and
       (iii) human spaceflight products and services in low-Earth 
     orbit;
       (B) to improve the capability of the ISS to accommodate 
     commercial users; and
       (C) subject to paragraph (3), to foster the development of 
     commercial space stations and habitats.
       (3) Commercial space stations and habitats.--
       (A) Priority.--With respect to an activity to develop a 
     commercial space station or habitat, the Administrator shall 
     give priority to an activity for which a private entity 
     provides a significant share of the cost to develop and 
     operate the activity.
       (B) Report.--Not later than 30 days after the date that an 
     award or agreement is made to carry out an activity to 
     develop a commercial space station or habitat, the 
     Administrator shall submit to the appropriate committees of 
     Congress a report on the development of the commercial space 
     station or habitat, as applicable, that includes--
       (i) a business plan that describes the manner in which the 
     project will--

       (I) meet the future requirements of NASA for low-Earth 
     orbit human space-flight services; and
       (II) fulfill the cost-share funding prioritization under 
     subparagraph (A); and

       (ii) a review of the viability of the operational business 
     case, including--

       (I) the level of expected Government participation;
       (II) a list of anticipated nongovernmental an international 
     customers and associated contributions; and
       (III) an assessment of long-term sustainability for the 
     nongovernmental customers, including an independent 
     assessment of the viability of the market for such commercial 
     services or products.

     SEC. 2624. MAINTAINING A NATIONAL LABORATORY IN SPACE.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) the United States segment of the International Space 
     Station (as defined in section 70905 of title 51, United 
     States Code), which is designated as a national laboratory 
     under section 70905(b) of title 51, United States Code--
       (A) benefits the scientific community and promotes commerce 
     in space;
       (B) fosters stronger relationships among NASA and other 
     Federal agencies, the private sector, and research groups and 
     universities;
       (C) advances science, technology, engineering, and 
     mathematics education through use of the unique microgravity 
     environment; and
       (D) advances human knowledge and international cooperation;
       (2) after the ISS is decommissioned, the United States 
     should maintain a national microgravity laboratory in space;
       (3) in maintaining a national microgravity laboratory in 
     space, the United States should make appropriate 
     accommodations for different types of ownership and operation 
     arrangements for the ISS and future space stations;
       (4) to the maximum extent practicable, a national 
     microgravity laboratory in space should be maintained in 
     cooperation with international space partners; and
       (5) NASA should continue to support fundamental science 
     research on future platforms in low-Earth orbit and cislunar 
     space, orbital and suborbital flights, drop towers, and other 
     microgravity testing environments.
       (b) Report.--The Administrator, in coordination with the 
     National Space Council and other Federal agencies as the 
     Administrator considers appropriate, shall issue a report 
     detailing the feasibility of establishing a microgravity 
     national laboratory federally funded research and development 
     center to carry out activities relating to the study and use 
     of in-space conditions.

     SEC. 2625. INTERNATIONAL SPACE STATION NATIONAL LABORATORY; 
                   PROPERTY RIGHTS IN INVENTIONS.

       (a) In General.--Subchapter III of chapter 201 of title 51, 
     United States Code, is amended by adding at the end the 
     following:

     ``Sec. 20150. Property rights in designated inventions

       ``(a) Exclusive Property Rights.--Notwithstanding section 
     3710a of title 15, chapter 18 of title 35, section 20135, or 
     any other provision of law, a designated invention shall be 
     the exclusive property of a user, and shall not be subject to 
     a Government-purpose license, if--
       ``(1)(A) the Administration is reimbursed under the terms 
     of the contract for the full cost of a contribution by the 
     Federal Government of the use of Federal facilities, 
     equipment, materials, proprietary information of the Federal 
     Government, or services of a Federal employee during working 
     hours, including the cost for the Administration to carry out 
     its responsibilities under paragraphs (1) and (4) of section 
     504(d) of the National Aeronautics and Space Administration 
     Authorization Act of 2010 (42 U.S.C. 18354(d));
       ``(B) Federal funds are not transferred to the user under 
     the contract; and
       ``(C) the designated invention was made (as defined in 
     section 20135(a))--
       ``(i) solely by the user; or
       ``(ii)(I) by the user with the services of a Federal 
     employee under the terms of the contract; and
       ``(II) the Administration is reimbursed for such services 
     under subparagraph (B); or
       ``(2) the Administrator determines that the relevant field 
     of commercial endeavor is sufficiently immature that granting 
     exclusive property rights to the user is necessary to help 
     bolster demand for products and services produced on crewed 
     or crew-tended space stations.
       ``(b) Notification to Congress.--On completion of a 
     determination made under paragraph (2), the Administrator 
     shall submit to the appropriate committees of Congress a 
     notification of the determination that includes a written 
     justification.
       ``(c) Public Availability.--A determination or part of such 
     determination under paragraph (1) shall be made available to 
     the public on request, as required under section 552 of title 
     5, United States Code (commonly referred to as the `Freedom 
     of Information Act').
       ``(d) Rule of Construction.--Nothing in this section may be 
     construed to affect the rights of the Federal Government, 
     including property rights in inventions, under any contract, 
     except in the case of a written contract with the 
     Administration or the ISS management entity for the 
     performance of a designated activity.
       ``(e) Definitions.--In this section--
       ``(1) Contract.--The term `contract' has the meaning giving 
     the term in section 20135(a).
       ``(2) Designated activity.--The term `designated activity' 
     means any non-NASA scientific use of the ISS national 
     laboratory as described in section 504 of the National 
     Aeronautics and Space Administration Authorization Act of 
     2010 (42 U.S.C. 18354).
       ``(3) Designated invention.--The term `designated 
     invention' means any invention, product, or service conceived 
     or first reduced to practice by any person in the performance

[[Page S2637]]

     of a designated activity under a written contract with the 
     Administration or the ISS management entity.
       ``(4) Full cost.--The term `full cost' means the cost of 
     transporting materials or passengers to and from the ISS, 
     including any power needs, the disposal of mass, crew member 
     time, stowage, power on the ISS, data downlink, crew 
     consumables, and life support.
       ``(5) Government-purpose license.--The term `Government-
     purpose license' means the reservation by the Federal 
     Government of an irrevocable, nonexclusive, nontransferable, 
     royalty-free license for the use of an invention throughout 
     the world by or on behalf of the United States or any foreign 
     government pursuant to a treaty or agreement with the United 
     States.
       ``(6) ISS management entity.--The term `ISS management 
     entity' means the organization with which the Administrator 
     enters into a cooperative agreement under section 504(a) of 
     the National Aeronautics and Space Administration 
     Authorization Act of 2010 (42 U.S.C. 18354(a)).
       ``(7) User.--The term `user' means a person, including a 
     nonprofit organization or small business firm (as such terms 
     are defined in section 201 of title 35), or class of persons 
     that enters into a written contract with the Administration 
     or the ISS management entity for the performance of 
     designated activities.''.
       (b) Conforming Amendment.--The table of sections for 
     chapter 201 of title 51, United States Code, is amended by 
     inserting after the item relating to section 20149 the 
     following:

``20150. Property rights in designated inventions.''.

     SEC. 2626. DATA FIRST PRODUCED DURING NON-NASA SCIENTIFIC USE 
                   OF THE ISS NATIONAL LABORATORY.

       (a) Data Rights.--Subchapter III of chapter 201 of title 
     51, United States Code, as amended by section 2626, is 
     further amended by adding at the end the following:

     ``Sec. 20151. Data rights

       ``(a) Non-NASA Scientific Use of the ISS National 
     Laboratory.--The Federal Government may not use or reproduce, 
     or disclose outside of the Government, any data first 
     produced in the performance of a designated activity under a 
     written contract with the Administration or the ISS 
     management entity, unless--
       ``(1) otherwise agreed under the terms of the contract with 
     the Administration or the ISS management entity, as 
     applicable;
       ``(2) the designated activity is carried out with Federal 
     funds;
       ``(3) disclosure is required by law;
       ``(4) the Federal Government has rights in the data under 
     another Federal contract, grant, cooperative agreement, or 
     other transaction; or
       ``(5) the data is--
       ``(A) otherwise lawfully acquired or independently 
     developed by the Federal Government;
       ``(B) related to the health and safety of personnel on the 
     ISS; or
       ``(C) essential to the performance of work by the ISS 
     management entity or NASA personnel.
       ``(b) Definitions.--In this section:
       ``(1) Contract.--The term `contract' has the meaning given 
     the term under section 20135(a).
       ``(2) Data.--
       ``(A) In general.--The term `data' means recorded 
     information, regardless of form or the media on which it may 
     be recorded.
       ``(B) Inclusions.--The term `data' includes technical data 
     and computer software.
       ``(C) Exclusions.--The term `data' does not include 
     information incidental to contract administration, such as 
     financial, administrative, cost or pricing, or management 
     information.
       ``(3) Designated activity.--The term `designated activity' 
     has the meaning given the term in section 20150.
       ``(4) ISS management entity.--The term `ISS management 
     entity' has the meaning given the term in section 20150.''.
       (b) Special Handling of Trade Secrets or Confidential 
     Information.--Section 20131(b)(2) of title 51, United States 
     Code, is amended to read as follows:
       ``(2) Information described.--
       ``(A) Activities under agreement.--Information referred to 
     in paragraph (1) is information that--
       ``(i) results from activities conducted under an agreement 
     entered into under subsections (e) and (f) of section 20113; 
     and
       ``(ii) would be a trade secret or commercial or financial 
     information that is privileged or confidential within the 
     meaning of section 552(b)(4) of title 5 if the information 
     had been obtained from a non-Federal party participating in 
     such an agreement.
       ``(B) Certain data.--Information referred to in paragraph 
     (1) includes data (as defined in section 20151) that--
       ``(i) was first produced by the Administration in the 
     performance of any designated activity (as defined in section 
     20150); and
       ``(ii) would be a trade secret or commercial or financial 
     information that is privileged or confidential within the 
     meaning of section 552(b)(4) of title 5 if the data had been 
     obtained from a non-Federal party.''.
       (c) Conforming Amendment.--The table of sections for 
     chapter 201 of title 51, United States Code, as amended by 
     section 2626, is further amended by inserting after the item 
     relating to section 20150 the following:

``20151. Data rights.''.

     SEC. 2627. PAYMENTS RECEIVED FOR COMMERCIAL SPACE-ENABLED 
                   PRODUCTION ON THE ISS.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) the Administrator should determine a threshold for NASA 
     to recover the costs of supporting the commercial development 
     of products or services aboard the ISS, through the 
     negotiation of agreements, similar to agreements made by 
     other Federal agencies that support private sector 
     innovation; and
       (2) the amount of such costs that to be recovered or 
     profits collected through such agreements should be applied 
     by the Administrator through a tiered process, taking into 
     consideration the relative maturity and profitability of the 
     applicable product or service.
       (b) In General.--Subchapter III of chapter 201 of title 51, 
     United States Code, as amended by section 2627, is further 
     amended by adding at the end the following:

     ``Sec. 20152. Payments received for commercial space-enable 
       production

       ``(a) Annual Review.--
       ``(1) In general.--Not later than one year after the date 
     of the enactment of this section, and annually thereafter, 
     the Administrator shall review the profitability of any 
     partnership with a private entity under a contract in which 
     the Administrator--
       ``(A) permits the use of the ISS by such private entities 
     to produce a commercial product or service; and
       ``(B) provides the total unreimbursed cost of a 
     contribution by the Federal Government for the use of Federal 
     facilities, equipment, materials, proprietary information of 
     the Federal Government, or services of a Federal employee 
     during working hours, including the cost for the 
     Administration to carry out its responsibilities under 
     paragraphs (1) and (4) of section 504(d) of the National 
     Aeronautics and Space Administration Authorization Act of 
     2010 (42 U.S.C. 18354(d)).
       ``(2) Negotiation of reimbursements.--Subject to the review 
     described in paragraph (1), the Administrator shall seek to 
     enter into an agreement to negotiate reimbursements for 
     payments received, or portions of profits created, by any 
     mature, profitable private entity described in that 
     paragraph, as appropriate, through a tiered process that 
     reflects the profitability of the relevant product or 
     service.
       ``(3) Use of funds.--Amounts received by the Administrator 
     in accordance with an agreement under paragraph (2) shall be 
     used by the Administrator in the following order of priority:
       ``(A) To defray the operating cost of the ISS.
       ``(B) To develop, implement, or operate future low-Earth 
     orbit platforms or capabilities.
       ``(C) To develop, implement, or operate future human deep 
     space platforms or capabilities.
       ``(D) Any other costs the Administrator considers 
     appropriate.
       ``(4) Report.--On completion of the first annual review 
     under paragraph (1), and annually thereafter, the 
     Administrator shall submit to the appropriate committees of 
     Congress a report that includes a description of the results 
     of the annual review, any agreement entered into under this 
     section, and the amounts recouped or obtained under any such 
     agreement.
       ``(b) Licensing and Assignment of Inventions.--
     Notwithstanding sections 3710a and 3710c of title 15 and any 
     other provision of law, after payment in accordance with 
     subsection (A)(i) of such section 3710c(a)(1)(A)(i) to the 
     inventors who have directly assigned to the Federal 
     Government their interests in an invention under a written 
     contract with the Administration or the ISS management entity 
     for the performance of a designated activity, the balance of 
     any royalty or other payment received by the Administrator or 
     the ISS management entity from licensing and assignment of 
     such invention shall be paid by the Administrator or the ISS 
     management entity, as applicable, to the Space Exploration 
     Fund.
       ``(c) Space Exploration Fund.--
       ``(1) Establishment.--There is established in the Treasury 
     of the United States a fund, to be known as the `Space 
     Exploration Fund' (referred to in this subsection as the 
     `Fund'), to be administered by the Administrator.
       ``(2) Use of fund.--The Fund shall be available to carry 
     out activities described in subsection (a)(3).
       ``(3) Deposits.--There shall be deposited in the Fund--
       ``(A) amounts appropriated to the Fund;
       ``(B) fees and royalties collected by the Administrator or 
     the ISS management entity under subsections (a) and (b); and
       ``(C) donations or contributions designated to support 
     authorized activities.
       ``(4) Rule of construction.--Amounts available to the 
     Administrator under this subsection shall be--
       ``(A) in addition to amounts otherwise made available for 
     the purpose described in paragraph (2); and
       ``(B) available for a period of 5 years, to the extent and 
     in the amounts provided in annual appropriation Acts.
       ``(d) Definitions.--
       ``(1) In general.--In this section, any term used in this 
     section that is also used in section 20150 shall have the 
     meaning given the term in that section.
       ``(2) Appropriate committees of congress.--The term 
     `appropriate committees of Congress' means--
       ``(A) the Committee on Commerce, Science, and 
     Transportation and the Committee on Appropriations of the 
     Senate; and

[[Page S2638]]

       ``(B) the Committee on Science, Space, and Technology and 
     the Committee on Appropriations of the House of 
     Representatives.''.
       (c) Conforming Amendment.--The table of sections for 
     chapter 201 of title 51, United States Code, as amended by 
     section and 2626, is further amended by inserting after the 
     item relating to section 20151 the following:

``20152. Payments received for commercial space-enabled production.''.

     SEC. 2628. STEPPING STONE APPROACH TO EXPLORATION.

       (a) In General.--Section 70504 of title 51, United States 
     Code, is amended to read as follows:

     ``Sec. 70504. Stepping stone approach to exploration

       ``(a) In General.--The Administrator, in sustainable steps, 
     may conduct missions to intermediate destinations, such as 
     the Moon, in accordance with section 20302(b), and on a 
     timetable determined by the availability of funding, in order 
     to achieve the objective of human exploration of Mars 
     specified in section 202(b)(5) of the National Aeronautics 
     and Space Administration Authorization Act of 2010 (42 U.S.C. 
     18312(b)(5)), if the Administrator--
       ``(1) determines that each such mission demonstrates or 
     advances a technology or operational concept that will enable 
     human missions to Mars; and
       ``(2) incorporates each such mission into the human 
     exploration roadmap under section 432 of the National 
     Aeronautics and Space Administration Transition Authorization 
     Act of 2017 (Public Law 115-10; 51 U.S.C. 20302 note).
       ``(b) Cislunar Space Exploration Activities.--In conducting 
     a mission under subsection (a), the Administrator shall--
       ``(1) use a combination of launches of the Space Launch 
     System and space transportation services from United States 
     commercial providers, as appropriate, for the mission;
       ``(2) plan for not fewer than 1 Space Launch System launch 
     annually beginning after the first successful crewed launch 
     of Orion on the Space Launch System; and
       ``(3) establish an outpost in orbit around the Moon that--
       ``(A) demonstrates technologies, systems, and operational 
     concepts directly applicable to the space vehicle that will 
     be used to transport humans to Mars;
       ``(B) has the capability for periodic human habitation; and
       ``(C) can function as a point of departure, return, or 
     staging for Administration or nongovernmental or 
     international partner missions to multiple locations on the 
     lunar surface or other destinations.
       ``(c) Cost-effectiveness.--To maximize the cost-
     effectiveness of the long-term space exploration and 
     utilization activities of the United States, the 
     Administrator shall take all necessary steps, including 
     engaging nongovernmental and international partners, to 
     ensure that activities in the Administration's human space 
     exploration program are balanced in order to help meet the 
     requirements of future exploration and utilization activities 
     leading to human habitation on the surface of Mars.
       ``(d) Completion.--Within budgetary considerations, once an 
     exploration-related project enters its development phase, the 
     Administrator shall seek, to the maximum extent practicable, 
     to complete that project without undue delay.
       ``(e) International Participation.--To achieve the goal of 
     successfully conducting a crewed mission to the surface of 
     Mars, the Administrator shall invite the partners in the ISS 
     program and other nations, as appropriate, to participate in 
     an international initiative under the leadership of the 
     United States.''.
       (b) Definition of Cislunar Space.--Section 10101 of title 
     51, United States Code, is amended by adding at the end the 
     following:
       ``(3) Cislunar space.--The term `cislunar space' means the 
     region of space beyond low-Earth orbit out to and including 
     the region around the surface of the Moon.''.
       (c) Technical and Conforming Amendments.--Section 3 of the 
     National Aeronautics and Space Administration Authorization 
     Act of 2010 (42 U.S.C. 18302) is amended by striking 
     paragraphs (2) and (3) and inserting the following:
       ``(2) Appropriate committees of congress.--The term 
     `appropriate committees of Congress' means--
       ``(A) the Committee on Commerce, Science, and 
     Transportation of the Senate; and
       ``(B) the Committee on Science, Space, and Technology of 
     the House of Representatives.
       ``(3) Cislunar space.--The term `cislunar space' means the 
     region of space beyond low-Earth orbit out to and including 
     the region around the surface of the Moon.''.

     SEC. 2629. TECHNICAL AMENDMENTS RELATING TO ARTEMIS MISSIONS.

       (a) Section 421 of the National Aeronautics and Space 
     Administration Authorization Act of 2017 (Public Law 115-10; 
     51 U.S.C. 20301 note) is amended--
       (1) in subsection (c)(3)--
       (A) by striking ``EM-1'' and inserting ``Artemis I'';
       (B) by striking ``EM-2'' and inserting ``Artemis II''; and
       (C) by striking ``EM-3'' and inserting ``Artemis III''; and
       (2) in subsection (f)(3), by striking ``EM-3'' and 
     inserting ``Artemis III''.
       (b) Section 432(b) of the National Aeronautics and Space 
     Administration Authorization Act of 2017 (Public Law 115-10; 
     51 U.S.C. 20302 note) is amended--
       (1) in paragraph (3)(D)--
       (A) by striking ``EM-1'' and inserting ``Artemis I''; and
       (B) by striking ``EM-2'' and inserting ``Artemis II''; and
       (2) in paragraph (4)(C), by striking ``EM-3'' and inserting 
     ``Artemis III''.

                           PART III--SCIENCE

     SEC. 2631. SCIENCE PRIORITIES.

       (a) Sense of Congress on Science Portfolio.--Congress 
     reaffirms the sense of Congress that--
       (1) a balanced and adequately funded set of activities, 
     consisting of research and analysis grant programs, 
     technology development, suborbital research activities, and 
     small, medium, and large space missions, contributes to a 
     robust and productive science program and serves as a 
     catalyst for innovation and discovery; and
       (2) the Administrator should set science priorities by 
     following the guidance provided by the scientific community 
     through the decadal surveys of the National Academies of 
     Sciences, Engineering, and Medicine.
       (b) National Academies Decadal Surveys.--Section 20305(c) 
     of title 51, United States Code, is amended--
       (1) by striking ``The Administrator shall'' and inserting 
     the following:
       ``(1) Reexamination of priorities by national academies.--
     The Administrator shall''; and
       (2) by adding at the end the following:
       ``(2) Reexamination of priorities by administrator.--If the 
     Administrator decides to reexamine the applicability of the 
     priorities of the decadal surveys to the missions and 
     activities of the Administration due to scientific 
     discoveries or external factors, the Administrator shall 
     consult with the relevant committees of the National 
     Academies.''.

     SEC. 2632. LUNAR DISCOVERY PROGRAM.

       (a) In General.--The Administrator may carry out a program 
     to conduct lunar science research, including missions to the 
     surface of the Moon, that materially contributes to the 
     objective described in section 20102(d)(1) of title 51, 
     United States Code.
       (b) Commercial Landers.--In carrying out the program under 
     subsection (a), the Administrator shall procure the services 
     of commercial landers developed primarily by United States 
     industry to land science payloads of all classes on the lunar 
     surface.
       (c) Lunar Science Research.--The Administrator shall ensure 
     that lunar science research carried out under subsection (a) 
     is consistent with recommendations made by the National 
     Academies of Sciences, Engineering, and Medicine.
       (d) Lunar Polar Volatiles.--In carrying out the program 
     under subsection (a), the Administrator shall, at the 
     earliest opportunity, consider mission proposals to evaluate 
     the potential of lunar polar volatiles to contribute to 
     sustainable lunar exploration.

     SEC. 2633. SEARCH FOR LIFE.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) the report entitled ``An Astrobiology Strategy for the 
     Search for Life in the Universe'' published by the National 
     Academies of Sciences, Engineering, and Medicine outlines the 
     key scientific questions and methods for fulfilling the 
     objective of NASA to search for the origin, evolution, 
     distribution, and future of life in the universe; and
       (2) the interaction of lifeforms with their environment, a 
     central focus of astrobiology research, is a topic of broad 
     significance to life sciences research in space and on Earth.
       (b) Program Continuation.--
       (1) In general.--The Administrator shall continue to 
     implement a collaborative, multidisciplinary science and 
     technology development program to search for proof of the 
     existence or historical existence of life beyond Earth in 
     support of the objective described in section 20102(d)(10) of 
     title 51, United States Code.
       (2) Element.--The program under paragraph (1) shall include 
     activities relating to astronomy, biology, geology, and 
     planetary science.
       (3) Coordination with life sciences program.--In carrying 
     out the program under paragraph (1), the Administrator shall 
     coordinate efforts with the life sciences program of the 
     Administration.
       (4) Technosignatures.--In carrying out the program under 
     paragraph (1), the Administrator shall support activities to 
     search for and analyze technosignatures.
       (5) Instrumentation and sensor technology.--In carrying out 
     the program under paragraph (1), the Administrator may 
     strategically invest in the development of new 
     instrumentation and sensor technology.

     SEC. 2634. JAMES WEBB SPACE TELESCOPE.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) the James Webb Space Telescope will be the next premier 
     observatory in space and has great potential to further 
     scientific study and assist scientists in making new 
     discoveries in the field of astronomy;
       (2) the James Webb Space Telescope was developed as an 
     ambitious project with a scope that was not fully defined at 
     inception and with risk that was not fully known or 
     understood;
       (3) despite the major technology development and innovation 
     that was needed to construct the James Webb Space Telescope, 
     major negative impacts to the cost and schedule of the James 
     Webb Space Telescope

[[Page S2639]]

     resulted from poor program management and poor contractor 
     performance;
       (4) the Administrator should take into account the lessons 
     learned from the cost and schedule issues relating to the 
     development of the James Webb Space Telescope in making 
     decisions regarding the scope of and the technologies needed 
     for future scientific missions; and
       (5) in selecting future scientific missions, the 
     Administrator should take into account the impact that large 
     programs that overrun cost and schedule estimates may have on 
     other NASA programs in earlier phases of development.
       (b) Project Continuation.--The Administrator shall 
     continue--
       (1) to closely track the cost and schedule performance of 
     the James Webb Space Telescope project; and
       (2) to improve the reliability of cost estimates and 
     contractor performance data throughout the remaining 
     development of the James Webb Space Telescope.
       (c) Revised Estimate.--Due to delays to the James Webb 
     Space Telescope project resulting from the COVID-19 pandemic, 
     the Administrator shall provide to Congress--
       (1) an estimate of any increase to program development 
     costs, if such costs are anticipated to exceed 
     $8,802,700,000; and
       (2) an estimate for a revised launch date.

     SEC. 2635. NANCY GRACE ROMAN SPACE TELESCOPE.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) major growth in the cost of astrophysics flagship-class 
     missions has impacted the overall portfolio balance of the 
     Science Mission Directorate; and
       (2) the Administrator should continue to develop the Nancy 
     Grace Roman Space Telescope with a development cost of not 
     more than $3,200,000,000.
       (b) Project Continuation.--The Administrator shall continue 
     to develop the Nancy Grace Roman Space Telescope to meet the 
     objectives outlined in the 2010 decadal survey on astronomy 
     and astrophysics of the National Academies of Sciences, 
     Engineering, and Medicine in a manner that maximizes 
     scientific productivity based on the resources invested.

     SEC. 2636. STUDY ON SATELLITE SERVICING FOR SCIENCE MISSIONS.

       (a) In General.--The Administrator shall conduct a study on 
     the feasibility of using in-space robotic refueling, repair, 
     or refurbishment capabilities to extend the useful life of 
     telescopes and other science missions that are operational or 
     in development as of the date of the enactment of this Act.
       (b) Elements.--The study conducted under subsection (a) 
     shall include the following:
       (1) An identification of the technologies and in-space 
     testing required to demonstrate the in-space robotic 
     refueling, repair, or refurbishment capabilities described in 
     that subsection.
       (2) The projected cost of using such capabilities, 
     including the cost of extended operations for science 
     missions described in that subsection.
       (c) Briefing.--Not later than 1 year after the date of the 
     enactment of this division, the Administrator shall provide 
     to the appropriate committees of Congress a briefing on the 
     results of the study conducted under subsection (a).
       (d) Public Availability.--Not later than 30 days after the 
     Administrator provides the briefing under subsection (c), the 
     Administrator shall make the study conducted under subsection 
     (a) available to the public.

     SEC. 2637. EARTH SCIENCE MISSIONS AND PROGRAMS.

       (a) Sense of Congress.--It is the sense of Congress that 
     the Earth Science Division of NASA plays an important role in 
     national efforts--
       (1) to collect and use Earth observations in service to 
     society; and
       (2) to understand global change.
       (b) Earth Science Missions and Programs.--With respect to 
     the missions and programs of the Earth Science Division, the 
     Administrator shall, to the maximum extent practicable, 
     follow the recommendations and guidance provided by the 
     scientific community through the decadal survey for Earth 
     science and applications from space of the National Academies 
     of Sciences, Engineering, and Medicine, including--
       (1) the science priorities described in such survey;
       (2) the execution of the series of existing or previously 
     planned observations (commonly known as the ``program of 
     record''); and
       (3) the development of a range of missions of all classes, 
     including opportunities for principal investigator-led, 
     competitively selected missions.

     SEC. 2638. LIFE SCIENCE AND PHYSICAL SCIENCE RESEARCH.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) the 2011 decadal survey on biological and physical 
     sciences in space identifies--
       (A) many areas in which fundamental scientific research is 
     needed to efficiently advance the range of human activities 
     in space, from the first stages of exploration to eventual 
     economic development; and
       (B) many areas of basic and applied scientific research 
     that could use the microgravity, radiation, and other aspects 
     of the spaceflight environment to answer fundamental 
     scientific questions;
       (2) given the central role of life science and physical 
     science research in developing the future of space 
     exploration, NASA should continue to invest strategically in 
     such research to maintain United States leadership in space 
     exploration; and
       (3) such research remains important to the objectives of 
     NASA with respect to long-duration deep space human 
     exploration to the Moon and Mars.
       (b) Program Continuation.--
       (1) In general.--In support of the goals described in 
     section 20302 of title 51, United States Code, the 
     Administrator shall continue to implement a collaborative, 
     multidisciplinary life science and physical science 
     fundamental research program--
       (A) to build a scientific foundation for the exploration 
     and development of space;
       (B) to investigate the mechanisms of changes to biological 
     systems and physical systems, and the environments of those 
     systems in space, including the effects of long-duration 
     exposure to deep space-related environmental factors on those 
     systems;
       (C) to understand the effects of combined deep space 
     radiation and altered gravity levels on biological systems so 
     as to inform the development and testing of potential 
     countermeasures;
       (D) to understand physical phenomena in reduced gravity 
     that affect design and performance of enabling technologies 
     necessary for the space exploration program;
       (E) to provide scientific opportunities to educate, train, 
     and develop the next generation of researchers and engineers; 
     and
       (F) to provide state-of-the-art data repositories and 
     curation of large multi-data sets to enable comparative 
     research analyses.
       (2) Elements.--The program under paragraph (1) shall--
       (A) include fundamental research relating to life science, 
     space bioscience, and physical science; and
       (B) maximize intra-agency and interagency partnerships to 
     advance space exploration, scientific knowledge, and benefits 
     to Earth.
       (3) Use of facilities.--In carrying out the program under 
     paragraph (1), the Administrator may use ground-based, air-
     based, and space-based facilities in low-Earth orbit and 
     beyond low-Earth orbit.

     SEC. 2639. SCIENCE MISSIONS TO MARS.

       (a) In General.--The Administrator shall conduct 1 or more 
     science missions to Mars to enable the selection of 1 or more 
     sites for human landing.
       (b) Sample Program.--The Administrator may carry out a 
     program--
       (1) to collect samples from the surface of Mars; and
       (2) to return such samples to Earth for scientific 
     analysis.
       (c) Use of Existing Capabilities and Assets.--In carrying 
     out this section, the Administrator shall, to the maximum 
     extent practicable, use existing capabilities and assets of 
     NASA centers.

     SEC. 2640. PLANETARY DEFENSE COORDINATION OFFICE.

       (a) Findings.--Congress makes the following findings:
       (1) Near-Earth objects remain a threat to the United 
     States.
       (2) Section 321(d)(1) of the National Aeronautics and Space 
     Administration Authorization Act of 2005 (Public Law 109-155; 
     119 Stat. 2922; 51 U.S.C. 71101 note prec.) established a 
     requirement that the Administrator plan, develop, and 
     implement a Near-Earth Object Survey program to detect, 
     track, catalogue, and characterize the physical 
     characteristics of near-Earth objects equal to or greater 
     than 140 meters in diameter in order to assess the threat of 
     such near-Earth objects to the Earth, with the goal of 90-
     percent completion of the catalogue of such near-Earth 
     objects by December 30, 2020.
       (3) The current planetary defense strategy of NASA 
     acknowledges that such goal will not be met.
       (4) The report of the National Academies of Sciences, 
     Engineering, and Medicine entitled ``Finding Hazardous 
     Asteroids Using Infrared and Visible Wavelength Telescopes'' 
     issued in 2019 states that--
       (A) NASA cannot accomplish such goal with currently 
     available assets;
       (B) NASA should develop and launch a dedicated space-based 
     infrared survey telescope to meet the requirements of section 
     321(d)(1) of the National Aeronautics and Space 
     Administration Authorization Act of 2005 (Public Law 109-155; 
     119 Stat. 2922; 51 U.S.C. 71101 note prec.); and
       (C) the early detection of potentially hazardous near-Earth 
     objects enabled by a space-based infrared survey telescope is 
     important to enable deflection of a dangerous asteroid.
       (b) Establishment of Planetary Defense Coordination 
     Office.--
       (1) In general.--Not later than 90 days after the date of 
     the enactment of this division, the Administrator shall 
     establish an office within the Planetary Science Division of 
     the Science Mission Directorate, to be known as the 
     ``Planetary Defense Coordination Office'', to plan, develop, 
     and implement a program to survey threats posed by near-Earth 
     objects equal to or greater than 140 meters in diameter, as 
     required by section 321(d)(1) of the National Aeronautics and 
     Space Administration Authorization Act of 2005 (Public Law 
     109-155; 119 Stat. 2922; 51 U.S.C. 71101 note prec.).
       (2) Activities.--The Administrator shall--
       (A) develop and, not later than September 30, 2025, launch 
     a space-based infrared survey telescope that is capable of 
     detecting near-Earth objects equal to or greater than 140 
     meters in diameter, with preference given to planetary 
     missions selected by the Administrator as of the date of the 
     enactment of this

[[Page S2640]]

     division to pursue concept design studies relating to the 
     development of a space-based infrared survey telescope;
       (B) identify, track, and characterize potentially hazardous 
     near-Earth objects and issue warnings of the effects of 
     potential impacts of such objects; and
       (C) assist in coordinating Government planning for response 
     to a potential impact of a near-Earth object.
       (c) Annual Report.--Section 321(f) of the National 
     Aeronautics and Space Administration Authorization Act of 
     2005 (Public Law 109-155; 119 Stat. 2922; 51 U.S.C. 71101 
     note prec.) is amended to read as follows:
       ``(f) Annual Report.--Not later than 180 days after the 
     date of the enactment of the National Aeronautics and Space 
     Administration Authorization Act of 2021, and annually 
     thereafter through 90-percent completion of the catalogue 
     required by subsection (d)(1), the Administrator shall submit 
     to the Committee on Commerce, Science, and Transportation of 
     the Senate and the Committee on Science, Space, and 
     Technology of the House of Representatives a report that 
     includes the following:
       ``(1) A summary of all activities carried out by the 
     Planetary Defense Coordination Office established under 
     section 2640(b)(1) of the National Aeronautics and Space 
     Administration Authorization Act of 2021 since the date of 
     enactment of that Act.
       ``(2) A description of the progress with respect to the 
     design, development, and launch of the space-based infrared 
     survey telescope required by section 2640 (b)(2)(A) of the 
     National Aeronautics and Space Administration Authorization 
     Act of 2021 .
       ``(3) An assessment of the progress toward meeting the 
     requirements of subsection (d)(1).
       ``(4) A description of the status of efforts to coordinate 
     planetary defense activities in response to a threat posed by 
     a near-Earth object with other Federal agencies since the 
     date of enactment of the National Aeronautics and Space 
     Administration Authorization Act of 2021 .
       ``(5) A description of the status of efforts to coordinate 
     and cooperate with other countries to discover hazardous 
     asteroids and comets, plan a mitigation strategy, and 
     implement that strategy in the event of the discovery of an 
     object on a likely collision course with Earth.
       ``(6) A summary of expenditures for all activities carried 
     out by the Planetary Defense Coordination Office since the 
     date of enactment of the National Aeronautics and Space 
     Administration Authorization Act of 2021.''.
       (d) Limitation on Use of Funds.--None of the amounts 
     authorized to be appropriated by this subtitle for a fiscal 
     year may be obligated or expended for the Office of the 
     Administrator during the last 3 months of that fiscal year 
     unless the Administrator submits the report for that fiscal 
     year required by section 321(f) of the National Aeronautics 
     and Space Administration Authorization Act of 2005 (Public 
     Law 109-155; 119 Stat. 2922; 51 U.S.C. 71101 note prec.).
       (e) Near-Earth Object Defined.--In this section, the term 
     ``near-Earth object'' means an asteroid or comet with a 
     perihelion distance of less than 1.3 Astronomical Units from 
     the Sun.

     SEC. 2641. SUBORBITAL SCIENCE FLIGHTS.

       (a) Sense of Congress.--It is the sense of Congress that 
     commercially available suborbital flight platforms enable 
     low-cost access to a microgravity environment to advance 
     science and train scientists and engineers under the 
     Suborbital Research Program established under section 802(c) 
     of the National Aeronautics and Space Administration 
     Authorization Act of 2010 (42 U.S.C. 18382(c)).
       (b) Report.--
       (1) In general.--Not later than 270 days after the date of 
     the enactment of this division, the Administrator shall 
     submit to the appropriate committees of Congress a report 
     evaluating the manner in which suborbital flight platforms 
     can contribute to meeting the science objectives of NASA for 
     the Science Mission Directorate and the Human Exploration and 
     Operations Mission Directorate.
       (2) Contents.--The report required by paragraph (1) shall 
     include the following:
       (A) An assessment of the advantages of suborbital flight 
     platforms to meet science objectives.
       (B) An evaluation of the challenges to greater use of 
     commercial suborbital flight platforms for science purposes.
       (C) An analysis of whether commercial suborbital flight 
     platforms can provide low-cost flight opportunities to test 
     lunar and Mars science payloads.

     SEC. 2642. EARTH SCIENCE DATA AND OBSERVATIONS.

       (a) In General.--The Administrator shall to the maximum 
     extent practicable, make available to the public in an easily 
     accessible electronic database all data (including metadata, 
     documentation, models, data processing methods, images, and 
     research results) of the missions and programs of the Earth 
     Science Division of the Administration, or any successor 
     division.
       (b) Open Data Program.--In carrying out subsection (a), the 
     Administrator shall establish and continue to operate an open 
     data program that--
       (1) is consistent with the greatest degree of 
     interactivity, interoperability, and accessibility; and
       (2) enables outside communities, including the research and 
     applications community, private industry, academia, and the 
     general public, to effectively collaborate in areas important 
     to--
       (A) studying the Earth system and improving the prediction 
     of Earth system change; and
       (B) improving model development, data assimilation 
     techniques, systems architecture integration, and 
     computational efficiencies; and
       (3) meets basic end-user requirements for running on public 
     computers and networks located outside of secure 
     Administration information and technology systems.
       (c) Hosting.--The program under subsection (b) shall use, 
     as appropriate and cost-effective, innovative strategies and 
     methods for hosting and management of part or all of the 
     program, including cloud-based computing capabilities.
       (d) Rule of Construction.--Nothing in this section shall be 
     interpreted to require the Administrator to release 
     classified, proprietary, or otherwise restricted information 
     that would be harmful to the national security of the United 
     States.

     SEC. 2643. SENSE OF CONGRESS ON SMALL SATELLITE SCIENCE.

       It is the sense of Congress that--
       (1) small satellites--
       (A) are increasingly robust, effective, and affordable 
     platforms for carrying out space science missions;
       (B) can work in tandem with or augment larger NASA 
     spacecraft to support high-priority science missions of NASA; 
     and
       (C) are cost effective solutions that may allow NASA to 
     continue collecting legacy observations while developing 
     next-generation science missions; and
       (2) NASA should continue to support small satellite 
     research, development, technologies, and programs, including 
     technologies for compact and lightweight instrumentation for 
     small satellites.

     SEC. 2644. SENSE OF CONGRESS ON COMMERCIAL SPACE SERVICES.

       It is the sense of Congress that--
       (1) the Administration should explore partnerships with the 
     commercial space industry for space science missions in and 
     beyond Earth orbit, including partnerships relating to 
     payload and instrument hosting and commercially available 
     datasets; and
       (2) such partnerships could result in increased mission 
     cadence, technology advancement, and cost savings for the 
     Administration.

     SEC. 2645. PROCEDURES FOR IDENTIFYING AND ADDRESSING ALLEGED 
                   VIOLATIONS OF SCIENTIFIC INTEGRITY POLICY.

       Not later than 180 days after the date of the enactment of 
     this division, the Administrator shall develop and document 
     procedures for identifying and addressing alleged violations 
     of the scientific integrity policy of NASA.

                          PART IV--AERONAUTICS

     SEC. 2646. SHORT TITLE.

       This part may be cited as the ``Aeronautics Innovation 
     Act''.

     SEC. 2647. DEFINITIONS.

       In this part:
       (1) Aeronautics strategic implementation plan.--The term 
     ``Aeronautics Strategic Implementation Plan'' means the 
     Aeronautics Strategic Implementation Plan issued by the 
     Aeronautics Research Mission Directorate.
       (2) Unmanned aircraft; unmanned aircraft system.--The terms 
     ``unmanned aircraft'' and ``unmanned aircraft system'' have 
     the meanings given those terms in section 44801 of title 49, 
     United States Code.
       (3) X-plane.--The term ``X-plane'' means an experimental 
     aircraft that is--
       (A) used to test and evaluate a new technology or 
     aerodynamic concept; and
       (B) operated by NASA or the Department of Defense.

     SEC. 2648. EXPERIMENTAL AIRCRAFT PROJECTS.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) developing high-risk, precompetitive aerospace 
     technologies for which there is not yet a profit rationale is 
     a fundamental role of NASA;
       (2) large-scale piloted flight test experimentation and 
     validation are necessary for--
       (A) transitioning new technologies and materials, including 
     associated manufacturing processes, for general aviation, 
     commercial aviation, and military aeronautics use; and
       (B) capturing the full extent of benefits from investments 
     made by the Aeronautics Research Mission Directorate in 
     priority programs called for in--
       (i) the National Aeronautics Research and Development Plan 
     issued by the National Science and Technology Council in 
     February 2010;
       (ii) the NASA 2014 Strategic Plan;
       (iii) the Aeronautics Strategic Implementation Plan; and
       (iv) any updates to the programs called for in the plans 
     described in clauses (i) through (iii);
       (3) a level of funding that adequately supports large-scale 
     piloted flight test experimentation and validation, including 
     related infrastructure, should be ensured over a sustained 
     period of time to restore the capacity of NASA--
       (A) to see legacy priority programs through to completion; 
     and
       (B) to achieve national economic and security objectives; 
     and
       (4) NASA should not be directly involved in the Type 
     Certification of aircraft for current and future scheduled 
     commercial air service

[[Page S2641]]

     under part 121 or 135 of title 14, Code of Federal 
     Regulations, that would result in reductions in crew 
     augmentation or single pilot or autonomously operated 
     aircraft.
       (b) Statement of Policy.--It is the policy of the United 
     States--
       (1) to maintain world leadership in--
       (A) military and civilian aeronautical science and 
     technology;
       (B) global air power projection; and
       (C) aerospace industrialization; and
       (2) to maintain as a fundamental objective of NASA 
     aeronautics research the steady progression and expansion of 
     flight research and capabilities, including the science and 
     technology of critical underlying disciplines and 
     competencies, such as--
       (A) computational-based analytical and predictive tools and 
     methodologies;
       (B) aerothermodynamics;
       (C) propulsion;
       (D) advanced materials and manufacturing processes;
       (E) high-temperature structures and materials; and
       (F) guidance, navigation, and flight controls.
       (c) Establishment and Continuation of X-plane Projects.--
       (1) In general.--The Administrator shall establish or 
     continue to implement, in a manner that is consistent with 
     the roadmap for supersonic aeronautics research and 
     development required by section 604(b) of the National 
     Aeronautics and Space Administration Transition Authorization 
     Act of 2017 (Public Law 115-10; 131 Stat. 55), the following 
     projects:
       (A) A low-boom supersonic aircraft project to demonstrate 
     supersonic aircraft designs and technologies that--
       (i) reduce sonic boom noise; and
       (ii) assist the Administrator of the Federal Aviation 
     Administration in enabling--

       (I) the safe commercial deployment of civil supersonic 
     aircraft technology; and
       (II) the safe and efficient operation of civil supersonic 
     aircraft.

       (B) A subsonic flight demonstrator aircraft project to 
     advance high-aspect-ratio, thin-wing aircraft designs and to 
     integrate propulsion, composites, and other technologies that 
     enable significant increases in energy efficiency and reduced 
     life-cycle emissions in the aviation system while reducing 
     noise and emissions.
       (C) A series of large-scale X-plane demonstrators that 
     are--
       (i) developed sequentially or in parallel; and
       (ii) each based on a set of new configuration concepts or 
     technologies determined by the Administrator to demonstrate--

       (I) aircraft and propulsion concepts and technologies and 
     related advances in alternative propulsion and energy; and
       (II) flight propulsion concepts and technologies.

       (2) Elements.--For each project under paragraph (1), the 
     Administrator shall--
       (A) include the development of X-planes and all necessary 
     supporting flight test assets;
       (B) pursue a robust technology maturation and flight test 
     validation effort;
       (C) improve necessary facilities, flight testing 
     capabilities, and computational tools to support the project;
       (D) award any primary contracts for design, procurement, 
     and manufacturing to United States persons, consistent with 
     international obligations and commitments;
       (E) coordinate research and flight test demonstration 
     activities with other Federal agencies and the United States 
     aviation community, as the Administrator considers 
     appropriate; and
       (F) ensure that the project is aligned with the Aeronautics 
     Strategic Implementation Plan and any updates to the 
     Aeronautics Strategic Implementation Plan.
       (3) United states person defined.--In this subsection, the 
     term ``United States person'' means--
       (A) a United States citizen or an alien lawfully admitted 
     for permanent residence to the United States; or
       (B) an entity organized under the laws of the United States 
     or of any jurisdiction within the United States, including a 
     foreign branch of such an entity.
       (d) Advanced Materials and Manufacturing Technology 
     Program.--
       (1) In general.--The Administrator may establish an 
     advanced materials and manufacturing technology program--
       (A) to develop--
       (i) new materials, including composite and high-temperature 
     materials, from base material formulation through full-scale 
     structural validation and manufacture;
       (ii) advanced materials and manufacturing processes, 
     including additive manufacturing, to reduce the cost of 
     manufacturing scale-up and certification for use in general 
     aviation, commercial aviation, and military aeronautics; and
       (iii) noninvasive or nondestructive techniques for testing 
     or evaluating aviation and aeronautics structures, including 
     for materials and manufacturing processes;
       (B) to reduce the time it takes to design, industrialize, 
     and certify advanced materials and manufacturing processes;
       (C) to provide education and training opportunities for the 
     aerospace workforce; and
       (D) to address global cost and human capital 
     competitiveness for United States aeronautical industries and 
     technological leadership in advanced materials and 
     manufacturing technology.
       (2) Elements.--In carrying out a program under paragraph 
     (1), the Administrator shall--
       (A) build on work that was carried out by the Advanced 
     Composites Project of NASA;
       (B) partner with the private and academic sectors, such as 
     members of the Advanced Composites Consortium of NASA, the 
     Joint Advanced Materials and Structures Center of Excellence 
     of the Federal Aviation Administration, the Manufacturing USA 
     institutes of the Department of Commerce, and national 
     laboratories, as the Administrator considers appropriate;
       (C) provide a structure for managing intellectual property 
     generated by the program based on or consistent with the 
     structure established for the Advanced Composites Consortium 
     of NASA;
       (D) ensure adequate Federal cost share for applicable 
     research; and
       (E) coordinate with advanced manufacturing and composites 
     initiatives in other mission directorates of NASA, as the 
     Administrator considers appropriate.
       (e) Research Partnerships.--In carrying out the projects 
     under subsection (c) and a program under subsection (d), the 
     Administrator may engage in cooperative research programs 
     with--
       (1) academia; and
       (2) commercial aviation and aerospace manufacturers.

     SEC. 2649. UNMANNED AIRCRAFT SYSTEMS.

       (a) Unmanned Aircraft Systems Operation Program.--The 
     Administrator shall--
       (1) research and test capabilities and concepts, including 
     unmanned aircraft systems communications, for integrating 
     unmanned aircraft systems into the national airspace system;
       (2) leverage the partnership NASA has with industry focused 
     on the advancement of technologies for future air traffic 
     management systems for unmanned aircraft systems; and
       (3) continue to align the research and testing portfolio of 
     NASA to inform the integration of unmanned aircraft systems 
     into the national airspace system, consistent with public 
     safety and national security objectives.
       (b) Sense of Congress on Coordination With Federal Aviation 
     Administration.--It is the sense of Congress that--
       (1) NASA should continue--
       (A) to coordinate with the Federal Aviation Administration 
     on research on air traffic management systems for unmanned 
     aircraft systems; and
       (B) to assist the Federal Aviation Administration in the 
     integration of air traffic management systems for unmanned 
     aircraft systems into the national airspace system; and
       (2) the test ranges (as defined in section 44801 of title 
     49, United States Code) should continue to be leveraged for 
     research on--
       (A) air traffic management systems for unmanned aircraft 
     systems; and
       (B) the integration of such systems into the national 
     airspace system.

     SEC. 2650. 21ST CENTURY AERONAUTICS CAPABILITIES INITIATIVE.

       (a) In General.--The Administrator may establish an 
     initiative, to be known as the ``21st Century Aeronautics 
     Capabilities Initiative'', within the Construction and 
     Environmental Compliance and Restoration Account, to ensure 
     that NASA possesses the infrastructure and capabilities 
     necessary to conduct proposed flight demonstration projects 
     across the range of NASA aeronautics interests.
       (b) Activities.--In carrying out the 21st Century 
     Aeronautics Capabilities Initiative, the Administrator may 
     carry out the following activities:
       (1) Any investments the Administrator considers necessary 
     to upgrade and create facilities for civil and national 
     security aeronautics research to support advancements in--
       (A) long-term foundational science and technology;
       (B) advanced aircraft systems;
       (C) air traffic management systems;
       (D) fuel efficiency;
       (E) electric propulsion technologies;
       (F) system-wide safety assurance;
       (G) autonomous aviation; and
       (H) supersonic and hypersonic aircraft design and 
     development.
       (2) Any measures the Administrator considers necessary to 
     support flight testing activities, including--
       (A) continuous refinement and development of free-flight 
     test techniques and methodologies;
       (B) upgrades and improvements to real-time tracking and 
     data acquisition; and
       (C) such other measures relating to aeronautics research 
     support and modernization as the Administrator considers 
     appropriate to carry out the scientific study of the problems 
     of flight, with a view to practical solutions for such 
     problems.

     SEC. 2651. SENSE OF CONGRESS ON ON-DEMAND AIR TRANSPORTATION.

       It is the sense of Congress that--
       (1) greater use of high-speed air transportation, small 
     airports, helipads, vertical flight infrastructure, and other 
     aviation-related infrastructure can alleviate surface 
     transportation congestion and support economic growth within 
     cities;
       (2) with respect to urban air mobility and related 
     concepts, NASA should continue--
       (A) to conduct research focused on concepts, technologies, 
     and design tools; and

[[Page S2642]]

       (B) to support the evaluation of advanced technologies and 
     operational concepts that can be leveraged by--
       (i) industry to develop future vehicles and systems; and
       (ii) the Federal Aviation Administration to support vehicle 
     safety and operational certification; and
       (3) NASA should leverage ongoing efforts to develop 
     advanced technologies to actively support the research needed 
     for on-demand air transportation.

     SEC. 2652. SENSE OF CONGRESS ON HYPERSONIC TECHNOLOGY 
                   RESEARCH.

       It is the sense of Congress that--
       (1) hypersonic technology is critical to the development of 
     advanced high-speed aerospace vehicles for both civilian and 
     national security purposes;
       (2) for hypersonic vehicles to be realized, research is 
     needed to overcome technical challenges, including in 
     propulsion, advanced materials, and flight performance in a 
     severe environment;
       (3) NASA plays a critical role in supporting fundamental 
     hypersonic research focused on system design, analysis and 
     validation, and propulsion technologies;
       (4) NASA research efforts in hypersonic technology should 
     complement research supported by the Department of Defense to 
     the maximum extent practicable, since contributions from both 
     agencies working in partnership with universities and 
     industry are necessary to overcome key technical challenges;
       (5) previous coordinated research programs between NASA and 
     the Department of Defense enabled important progress on 
     hypersonic technology;
       (6) the commercial sector could provide flight platforms 
     and other capabilities that are able to host and support NASA 
     hypersonic technology research projects; and
       (7) in carrying out hypersonic technology research 
     projects, the Administrator should--
       (A) focus research and development efforts on high-speed 
     propulsion systems, reusable vehicle technologies, high-
     temperature materials, and systems analysis;
       (B) coordinate with the Department of Defense to prevent 
     duplication of efforts and of investments;
       (C) include partnerships with universities and industry to 
     accomplish research goals; and
       (D) maximize public-private use of commercially available 
     platforms for hosting research and development flight 
     projects.

                        PART V--SPACE TECHNOLOGY

     SEC. 2653. SPACE TECHNOLOGY MISSION DIRECTORATE.

       (a) Sense of Congress.--It is the sense of Congress that an 
     independent Space Technology Mission Directorate is critical 
     to ensuring continued investments in the development of 
     technologies for missions across the portfolio of NASA, 
     including science, aeronautics, and human exploration.
       (b) Space Technology Mission Directorate.--The 
     Administrator shall maintain a Space Technology Mission 
     Directorate consistent with section 702 of the National 
     Aeronautics and Space Administration Transition Authorization 
     Act of 2017 (51 U.S.C. 20301 note).

     SEC. 2654. FLIGHT OPPORTUNITIES PROGRAM.

       (a) Sense of Congress.--It is the sense of Congress that 
     the Administrator should provide flight opportunities for 
     payloads to microgravity environments and suborbital 
     altitudes as required by section 907(c) of the National 
     Aeronautics and Space Administration Authorization Act of 
     2010 (42 U.S.C. 18405(c)), as amended by subsection (b).
       (b) Establishment.--Section 907(c) of the National 
     Aeronautics and Space Administration Authorization Act of 
     2010 (42 U.S.C. 18405(c)) is amended to read as follows:
       ``(c) Establishment.--
       ``(1) In general.--The Administrator shall establish a 
     Commercial Reusable Suborbital Research Program within the 
     Space Technology Mission Directorate to fund--
       ``(A) the development of payloads for scientific research, 
     technology development, and education;
       ``(B) flight opportunities for those payloads to 
     microgravity environments and suborbital altitudes; and
       ``(C) transition of those payloads to orbital 
     opportunities.
       ``(2) Commercial reusable vehicle flights.--In carrying out 
     the Commercial Reusable Suborbital Research Program, the 
     Administrator may fund engineering and integration 
     demonstrations, proofs of concept, and educational 
     experiments for flights of commercial reusable vehicles.
       ``(3) Commercial suborbital launch vehicles.--In carrying 
     out the Commercial Reusable Suborbital Research Program, the 
     Administrator may not fund the development of new commercial 
     suborbital launch vehicles.
       ``(4) Working with mission directorates.--In carrying out 
     the Commercial Reusable Suborbital Research Program, the 
     Administrator shall work with the mission directorates of 
     NASA to achieve the research, technology, and education goals 
     of NASA.''.
       (c) Conforming Amendment.--Section 907(b) of the National 
     Aeronautics and Space Administration Authorization Act of 
     2010 (42 U.S.C. 18405(b)) is amended, in the first sentence, 
     by striking ``Commercial Reusable Suborbital Research Program 
     in'' and inserting ``Commercial Reusable Suborbital Research 
     Program established under subsection (c)(1) within''.

     SEC. 2655. SMALL SPACECRAFT TECHNOLOGY PROGRAM.

       (a) Sense of Congress.--It is the sense of Congress that 
     the Small Spacecraft Technology Program is important for 
     conducting science and technology validation for--
       (1) short- and long-duration missions in low-Earth orbit;
       (2) deep space missions; and
       (3) deorbiting capabilities designed specifically for 
     smaller spacecraft.
       (b) Accommodation of Certain Payloads.--In carrying out the 
     Small Spacecraft Technology Program, the Administrator shall, 
     as the mission risk posture and technology development 
     objectives allow, accommodate science payloads that further 
     the goal of long-term human exploration to the Moon and Mars.

     SEC. 2656. NUCLEAR PROPULSION TECHNOLOGY.

       (a) Sense of Congress.--It is the sense of Congress that 
     nuclear propulsion is critical to the development of advanced 
     spacecraft for civilian and national defense purposes.
       (b) Development; Studies.--The Administrator shall, in 
     coordination with the Secretary of Energy and the Secretary 
     of Defense--
       (1) continue to develop the fuel element design for NASA 
     nuclear propulsion technology;
       (2) undertake the systems feasibility studies for such 
     technology; and
       (3) partner with members of commercial industry to conduct 
     studies on such technology.
       (c) Nuclear Propulsion Technology Demonstration.--
       (1) Determination; report.--Not later than December 31, 
     2022, the Administrator shall--
       (A) determine the correct approach for conducting a flight 
     demonstration of nuclear propulsion technology; and
       (B) submit to Congress a report on a plan for such a 
     demonstration.
       (2) Demonstration.--Not later than December 31, 2026, the 
     Administrator shall conduct the flight demonstration 
     described in paragraph (1).

     SEC. 2657. MARS-FORWARD TECHNOLOGIES.

       (a) Sense of Congress.--It is the sense of Congress that 
     the Administrator should pursue multiple technical paths for 
     entry, descent, and landing for Mars, including competitively 
     selected technology demonstration missions.
       (b) Prioritization of Long-lead Technologies and Systems.--
     The Administrator shall prioritize, within the Space 
     Technology Mission Directorate, research, testing, and 
     development of long-lead technologies and systems for Mars, 
     including technologies and systems relating to--
       (1) entry, descent, and landing; and
       (2) in-space propulsion, including nuclear propulsion, 
     cryogenic fluid management, in-situ large-scale additive 
     manufacturing, and electric propulsion (including solar 
     electric propulsion leveraging lessons learned from the power 
     and propulsion element of the lunar outpost) options.
       (c) Technology Demonstration.--The Administrator may use 
     low-Earth orbit and cis-lunar missions, including missions to 
     the lunar surface, to demonstrate technologies for Mars.

     SEC. 2658. PRIORITIZATION OF LOW-ENRICHED URANIUM TECHNOLOGY.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) space technology, including nuclear propulsion 
     technology and space surface power reactors, should be 
     developed in a manner consistent with broader United States 
     foreign policy, national defense, and space exploration and 
     commercialization priorities;
       (2) highly enriched uranium presents security and nuclear 
     nonproliferation concerns;
       (3) since 1977, based on the concerns associated with 
     highly enriched uranium, the United States has promoted the 
     use of low-enriched uranium over highly enriched uranium in 
     nonmilitary contexts, including research and commercial 
     applications;
       (4) as part of United States efforts to limit international 
     use of highly enriched uranium, the United States has 
     actively pursued--
       (A) since 1978, the conversion of domestic and foreign 
     research reactors that use highly enriched uranium fuel to 
     low-enriched uranium fuel and the avoidance of any new 
     research reactors that use highly enriched uranium fuel; and
       (B) since 1994, the elimination of international commerce 
     in highly enriched uranium for civilian purposes; and
       (5) the use of low-enriched uranium in place of highly 
     enriched uranium has security, nonproliferation, and economic 
     benefits, including for the national space program.
       (b) Prioritization of Low-enriched Uranium Technology.--The 
     Administrator shall--
       (1) establish, within the Space Technology Mission 
     Directorate, a program for the research, testing, and 
     development of in-space reactor designs, including a surface 
     power reactor, that uses low-enriched uranium fuel; and
       (2) prioritize the research, demonstration, and deployment 
     of such designs over designs using highly enriched uranium 
     fuel.
       (c) Report on Nuclear Technology Prioritization.--Not later 
     than 120 days after the date of the enactment of this 
     division, the Administrator shall submit to the appropriate 
     committees of Congress a report that--

[[Page S2643]]

       (1) details the actions taken to implement subsection (b); 
     and
       (2) identifies a plan and timeline under which such 
     subsection will be implemented.
       (d) Definitions.--In this section:
       (1) Highly enriched uranium.--The term ``highly enriched 
     uranium'' means uranium having an assay of 20 percent or 
     greater of the uranium-235 isotope.
       (2) Low-enriched uranium.--The term ``low-enriched 
     uranium'' means uranium having an assay greater than the 
     assay for natural uranium but less than 20 percent of the 
     uranium-235 isotope.

     SEC. 2659. SENSE OF CONGRESS ON NEXT-GENERATION 
                   COMMUNICATIONS TECHNOLOGY.

       It is the sense of Congress that--
       (1) optical communications technologies--
       (A) will be critical to the development of next-generation 
     space-based communications networks;
       (B) have the potential to allow NASA to expand the volume 
     of data transmissions in low-Earth orbit and deep space; and
       (C) may provide more secure and cost-effective solutions 
     than current radio frequency communications systems;
       (2) quantum encryption technology has promising 
     implications for the security of the satellite and 
     terrestrial communications networks of the United States, 
     including optical communications networks, and further 
     research and development by NASA with respect to quantum 
     encryption is essential to maintaining the security of the 
     United States and United States leadership in space; and
       (3) in order to provide NASA with more secure and reliable 
     space-based communications, the Space Communications and 
     Navigation program office of NASA should continue--
       (A) to support research on and development of optical 
     communications; and
       (B) to develop quantum encryption capabilities, especially 
     as those capabilities apply to optical communications 
     networks.

     SEC. 2660. LUNAR SURFACE TECHNOLOGIES.

       (a) Sense of Congress.--It is the sense of Congress that 
     the Administrator should--
       (1) identify and develop the technologies needed to live on 
     and explore the lunar surface and prepare for future 
     operations on Mars;
       (2) convene teams of experts from academia, industry, and 
     government to shape the technology development priorities of 
     the Administration for lunar surface exploration and 
     habitation; and
       (3) establish partnerships with researchers, universities, 
     and the private sector to rapidly develop and deploy 
     technologies required for successful lunar surface 
     exploration.
       (b) Development and Demonstration.--The Administrator shall 
     carry out a program, within the Space Technology Mission 
     Directorate, to conduct technology development and 
     demonstrations to enable human and robotic exploration on the 
     lunar surface.
       (c) Research Consortium.--The Administrator shall establish 
     a consortium consisting of experts from academia, industry, 
     and government--
       (1) to assist the Administrator in developing a cohesive, 
     executable strategy for the development and deployment of 
     technologies required for successful lunar surface 
     exploration; and
       (2) to identify specific technologies relating to lunar 
     surface exploration that--
       (A) should be developed to facilitate such exploration; or
       (B) require future research and development.
       (d) Research Awards.--
       (1) In general.--The Administrator may task any member of 
     the research consortium established under subsection (c) with 
     conducting research and development with respect to a 
     technology identified under paragraph (2) of that subsection.
       (2) Standard process for arrangements.--
       (A) In general.--The Administrator shall develop a standard 
     process by which a consortium member tasked with research and 
     development under paragraph (1) may enter into a formal 
     arrangement with the Administrator to carry out such research 
     and development, such as an arrangement under section 2666 or 
     2667.
       (B) Report.--Not later than 120 days after the date of the 
     enactment of this division, the Administrator shall submit to 
     the appropriate committees of Congress a report on the one or 
     more types of arrangement the Administrator intends to enter 
     into under this subsection.

                        PART VI--STEM ENGAGEMENT

     SEC. 2661. SENSE OF CONGRESS.

       It is the sense of Congress that--
       (1) NASA serves as a source of inspiration to the people of 
     the United States; and
       (2) NASA is uniquely positioned to help increase student 
     interest in science, technology, engineering, and math;
       (3) engaging students, and providing hands-on experience at 
     an early age, in science, technology, engineering, and math 
     are important aspects of ensuring and promoting United States 
     leadership in innovation; and
       (4) NASA should strive to leverage its unique position--
       (A) to increase kindergarten through grade 12 involvement 
     in NASA projects;
       (B) to enhance higher education in STEM fields in the 
     United States;
       (C) to support individuals who are underrepresented in 
     science, technology, engineering, and math fields, such as 
     women, minorities, and individuals in rural areas; and
       (D) to provide flight opportunities for student experiments 
     and investigations.

     SEC. 2662. STEM EDUCATION ENGAGEMENT ACTIVITIES.

       (a) In General.--The Administrator shall continue to 
     provide opportunities for formal and informal STEM education 
     engagement activities within the Office of NASA STEM 
     Engagement and other NASA directorates, including--
       (1) the Established Program to Stimulate Competitive 
     Research;
       (2) the Minority University Research and Education Project; 
     and
       (3) the National Space Grant College and Fellowship 
     Program.
       (b) Leveraging NASA National Programs to Promote STEM 
     Education.--The Administrator, in partnership with museums, 
     nonprofit organizations, and commercial entities, shall, to 
     the maximum extent practicable, leverage human spaceflight 
     missions, Deep Space Exploration Systems (including the Space 
     Launch System, Orion, and Exploration Ground Systems), and 
     NASA science programs to engage students at the kindergarten 
     through grade 12 and higher education levels to pursue 
     learning and career opportunities in STEM fields.
       (c) Briefing.--Not later than 1 year after the date of the 
     enactment of this division, the Administrator shall brief the 
     appropriate committees of Congress on--
       (1) the status of the programs described in subsection (a); 
     and
       (2) the manner by which each NASA STEM education engagement 
     activity is organized and funded.
       (d) STEM Education Defined.--In this section, the term 
     ``STEM education'' has the meaning given the term in section 
     2 of the STEM Education Act of 2015 (Public Law 114-59; 42 
     U.S.C. 6621 note).

     SEC. 2663. SKILLED TECHNICAL EDUCATION OUTREACH PROGRAM.

       (a) Establishment.--The Administrator shall establish a 
     program to conduct outreach to secondary school students--
       (1) to expose students to careers that require career and 
     technical education; and
       (2) to encourage students to pursue careers that require 
     career and technical education.
       (b) Outreach Plan.--Not later than 180 days after the date 
     of the enactment of this division, the Administrator shall 
     submit to the appropriate committees of Congress a report on 
     the outreach program under subsection (a) that includes--
       (1) an implementation plan;
       (2) a description of the resources needed to carry out the 
     program; and
       (3) any recommendations on expanding outreach to secondary 
     school students interested in skilled technical occupations.
       (c) Systems Observation.--
       (1) In general.--The Administrator shall develop a program 
     and associated policies to allow students from accredited 
     educational institutions to view the manufacturing, assembly, 
     and testing of NASA-funded space and aeronautical systems, as 
     the Administrator considers appropriate.
       (2) Considerations.--In developing the program and policies 
     under paragraph (1), the Administrator shall take into 
     consideration factors such as workplace safety, mission 
     needs, and the protection of sensitive and proprietary 
     technologies.

     SEC. 2664. NATIONAL SPACE GRANT COLLEGE AND FELLOWSHIP 
                   PROGRAM.--

       (a) Purposes.--Section 40301 of title 51, United States 
     Code, is amended--
       (1) in paragraph (3)--
       (A) in subparagraph (B), by striking ``and'' at the end;
       (B) in subparagraph (C), by adding ``and'' after the 
     semicolon at the end; and
       (C) by adding at the end the following:
       ``(D) promote equally the State and regional STEM interests 
     of each space grant consortium;''; and
       (2) in paragraph (4), by striking ``made up of university 
     and industry members, in order to advance'' and inserting 
     ``comprised of members of universities in each State and 
     other entities, such as 2-year colleges, industries, science 
     learning centers, museums, and government entities, to 
     advance''.
       (b) Definitions.--Section 40302 of title 51, United States 
     Code, is amended--
       (1) by striking paragraph (3);
       (2) by inserting after paragraph (2) the following:
       ``(3) Lead institution.--The term `lead institution' means 
     an entity in a State that--
       ``(A) was designated by the Administrator under section 
     40306, as in effect on the day before the date of the 
     enactment of the National Aeronautics and Space 
     Administration Authorization Act of 2021; or
       ``(B) is designated by the Administrator under section 
     40303(d)(3).'';
       (3) in paragraph (4), by striking ``space grant college, 
     space grant regional consortium, institution of higher 
     education,'' and inserting ``lead institution, space grant 
     consortium,'';
       (4) by striking paragraphs (6), (7), and (8);
       (5) by inserting after paragraph (5) the following:
       ``(6) Space grant consortium.--The term `space grant 
     consortium' means a State-wide group, led by a lead 
     institution, that has established partnerships with other 
     academic institutions, industries, science learning centers, 
     museums, and government entities to promote a strong 
     educational base in the space and aeronautical sciences.'';

[[Page S2644]]

       (6) by redesignating paragraph (9) as paragraph (7);
       (7) in paragraph (7)(B), as so redesignated, by inserting 
     ``and aeronautics'' after ``space'';
       (8) by striking paragraph (10); and
       (9) by adding at the end the following:
       ``(8) STEM.--The term `STEM' means science, technology, 
     engineering, and mathematics.''.
       (c) Program Objective.--Section 40303 of title 51, United 
     States Code, is amended--
       (1) by striking subsections (d) and (e);
       (2) by redesignating subsection (c) as subsection (e); and
       (3) by striking subsection (b) and inserting the following:
       ``(b) Program Objective.--
       ``(1) In general.--The Administrator shall carry out the 
     national space grant college and fellowship program with the 
     objective of providing hands-on research, training, and 
     education programs with measurable outcomes in each State, 
     including programs to provide--
       ``(A) internships, fellowships, and scholarships;
       ``(B) interdisciplinary hands-on mission programs and 
     design projects;
       ``(C) student internships with industry or university 
     researchers or at centers of the Administration;
       ``(D) faculty and curriculum development initiatives;
       ``(E) university-based research initiatives relating to the 
     Administration and the STEM workforce needs of each State; or
       ``(F) STEM engagement programs for kindergarten through 
     grade 12 teachers and students.
       ``(2) Program priorities.--In carrying out the objective 
     described in paragraph (1), the Administrator shall ensure 
     that each program carried out by a space grant consortium 
     under the national space grant college and fellowship program 
     balances the following priorities:
       ``(A) The space and aeronautics research needs of the 
     Administration, including the mission directorates.
       ``(B) The need to develop a national STEM workforce.
       ``(C) The STEM workforce needs of the State.
       ``(c) Program Administered Through Space Grant Consortia.--
     The Administrator shall carry out the national space grant 
     college and fellowship program through the space grant 
     consortia.
       ``(d) Suspension; Termination; New Competition.--
       ``(1) Suspension.--The Administrator may, for cause and 
     after an opportunity for hearing, suspend a lead institution 
     that was designated by the Administrator under section 40306, 
     as in effect on the day before the date of the enactment of 
     the National Aeronautics and Space Administration 
     Authorization Act of 2021.
       ``(2) Termination.--If the issue resulting in a suspension 
     under paragraph (1) is not resolved within a period 
     determined by the Administrator, the Administrator may 
     terminate the designation of the entity as a lead 
     institution.
       ``(3) New competition.--If the Administrator terminates the 
     designation of an entity as a lead institution, the 
     Administrator may initiate a new competition in the 
     applicable State for the designation of a lead 
     institution.''.
       (d) Grants.--Section 40304 of title 51, United States Code, 
     is amended to read as follows:

     ``Sec. 40304. Grants

       ``(a) Eligible Space Grant Consortium Defined.--In this 
     section, the term `eligible space grant consortium' means a 
     space grant consortium that the Administrator has 
     determined--
       ``(1) has the capability and objective to carry out not 
     fewer than 3 of the 6 programs under section 40303(b)(1);
       ``(2) will carry out programs that balance the priorities 
     described in section 40303(b)(2); and
       ``(3) is engaged in research, training, and education 
     relating to space and aeronautics.
       ``(b) Grants.--
       ``(1) In general.--The Administrator shall award grants to 
     the lead institutions of eligible space grant consortia to 
     carry out the programs under section 40303(b)(1).
       ``(2) Request for proposals.--
       ``(A) In general.--On the expiration of existing 
     cooperative agreements between the Administration and the 
     space grant consortia, the Administrator shall issue a 
     request for proposals from space grant consortia for the 
     award of grants under this section.
       ``(B) Applications.--A lead institution of a space grant 
     consortium that seeks a grant under this section shall 
     submit, on behalf of such space grant consortium, an 
     application to the Administrator at such time, in such 
     manner, and accompanied by such information as the 
     Administrator may require.
       ``(3) Grant awards.--The Administrator shall award 1 or 
     more 5-year grants, disbursed in annual installments, to the 
     lead institution of the eligible space grant consortium of--
       ``(A) each State;
       ``(B) the District of Columbia; and
       ``(C) the Commonwealth of Puerto Rico.
       ``(4) Use of funds.--A grant awarded under this section 
     shall be used by an eligible space grant consortium to carry 
     out not fewer than 3 of the 6 programs under section 
     40303(b)(1).
       ``(c) Allocation of Funding.--
       ``(1) Program implementation.--
       ``(A) In general.--To carry out the objective described in 
     section 40303(b)(1), of the funds made available each fiscal 
     year for the national space grant college and fellowship 
     program, the Administrator shall allocate not less than 85 
     percent as follows:
       ``(i) The 52 eligible space grant consortia shall each 
     receive an equal share.
       ``(ii) The territories of Guam and the United States Virgin 
     Islands shall each receive funds equal to approximately \1/5\ 
     of the share for each eligible space grant consortia.
       ``(B) Matching requirement.--Each eligible space grant 
     consortium shall match the funds allocated under subparagraph 
     (A)(i) on a basis of not less than 1 non-Federal dollar for 
     every 1 Federal dollar, except that any program funded under 
     paragraph (3) or any program to carry out 1 or more 
     internships or fellowships shall not be subject to that 
     matching requirement.
       ``(2) Program administration.--
       ``(A) In general.--Of the funds made available each fiscal 
     year for the national space grant college and fellowship 
     program, the Administrator shall allocate not more than 10 
     percent for the administration of the program.
       ``(B) Costs covered.--The funds allocated under 
     subparagraph (A) shall cover all costs of the Administration 
     associated with the administration of the national space 
     grant college and fellowship program, including--
       ``(i) direct costs of the program, including costs relating 
     to support services and civil service salaries and benefits;
       ``(ii) indirect general and administrative costs of centers 
     and facilities of the Administration; and
       ``(iii) indirect general and administrative costs of the 
     Administration headquarters.
       ``(3) Special programs.--Of the funds made available each 
     fiscal year for the national space grant college and 
     fellowship program, the Administrator shall allocate not more 
     than 5 percent to the lead institutions of space grant 
     consortia established as of the date of the enactment of the 
     National Aeronautics and Space Administration Authorization 
     Act of 2021 for grants to carry out innovative approaches and 
     programs to further science and education relating to the 
     missions of the Administration and STEM disciplines.
       ``(d) Terms and Conditions.--
       ``(1) Limitations.--Amounts made available through a grant 
     under this section may not be applied to--
       ``(A) the purchase of land;
       ``(B) the purchase, construction, preservation, or repair 
     of a building; or
       ``(C) the purchase or construction of a launch facility or 
     launch vehicle.
       ``(2) Leases.--Notwithstanding paragraph (1), land, 
     buildings, launch facilities, and launch vehicles may be 
     leased under a grant on written approval by the 
     Administrator.
       ``(3) Records.--
       ``(A) In general.--Any person that receives or uses the 
     proceeds of a grant under this section shall keep such 
     records as the Administrator shall by regulation prescribe as 
     being necessary and appropriate to facilitate effective audit 
     and evaluation, including records that fully disclose the 
     amount and disposition by a recipient of such proceeds, the 
     total cost of the program or project in connection with which 
     such proceeds were used, and the amount, if any, of such cost 
     that was provided through other sources.
       ``(B) Maintenance of records.--Records under subparagraph 
     (A) shall be maintained for not less than 3 years after the 
     date of completion of such a program or project.
       ``(C) Access.--For the purpose of audit and evaluation, the 
     Administrator and the Comptroller General of the United 
     States shall have access to any books, documents, papers, and 
     records of receipts relating to a grant under this section, 
     as determined by the Administrator or Comptroller General.''.
       (e) Program Streamlining.--Title 51, United States Code, is 
     amended--
       (1) by striking sections 40305 through 40308, 40310, and 
     40311; and
       (2) by redesignating section 40309 as section 40305.
       (f) Conforming Amendment.--The table of sections at the 
     beginning of chapter 403 of title 51, United States Code, is 
     amended by striking the items relating to sections 40304 
     through 40311 and inserting the following:

``40304. Grants.
``40305. Availability of other Federal personnel and data.''.

                PART VII--WORKFORCE AND INDUSTRIAL BASE

     SEC. 2665. APPOINTMENT AND COMPENSATION PILOT PROGRAM.

       (a) Definition of Covered Provisions.--In this section, the 
     term ``covered provisions'' means the provisions of title 5, 
     United States Code, other than--
       (1) section 2301 of that title;
       (2) section 2302 of that title;
       (3) chapter 71 of that title;
       (4) section 7204 of that title; and
       (5) chapter 73 of that title.
       (b) Establishment.--There is established a 3-year pilot 
     program under which, notwithstanding section 20113 of title 
     51, United States Code, the Administrator may, with respect 
     to not more than 3,000 designated personnel--
       (1) appoint and manage such designated personnel of the 
     Administration, without regard to the covered provisions; and

[[Page S2645]]

       (2) fix the compensation of such designated personnel of 
     the Administration, without regard to chapter 51 and 
     subchapter III of chapter 53 of title 5, United States Code, 
     at a rate that does not exceed the per annum rate of salary 
     of the Vice President of the United States under section 104 
     of title 3, United States Code.
       (c) Administrator Responsibilities.--In carrying out the 
     pilot program established under subsection (b), the 
     Administrator shall ensure that the pilot program--
       (1) uses--
       (A) state-of-the-art recruitment techniques;
       (B) simplified classification methods with respect to 
     personnel of the Administration; and
       (C) broad banding; and
       (2) offers--
       (A) competitive compensation; and
       (B) the opportunity for career mobility.

     SEC. 2666. ESTABLISHMENT OF MULTI-INSTITUTION CONSORTIA.

       (a) In General.--The Administrator, pursuant to section 
     2304(c)(3)(B) of title 10, United States Code, may--
       (1) establish one or more multi-institution consortia to 
     facilitate access to essential engineering, research, and 
     development capabilities in support of NASA missions;
       (2) use such a consortium to fund technical analyses and 
     other engineering support to address the acquisition, 
     technical, and operational needs of NASA centers; and
       (3) ensure such a consortium--
       (A) is held accountable for the technical quality of the 
     work product developed under this section; and
       (B) convenes disparate groups to facilitate public-private 
     partnerships.
       (b) Policies and Procedures.--The Administrator shall 
     develop and implement policies and procedures to govern, with 
     respect to the establishment of a consortium under subsection 
     (a)--
       (1) the selection of participants;
       (2) the award of cooperative agreements or other contracts;
       (3) the appropriate use of competitive awards and sole 
     source awards; and
       (4) technical capabilities required.
       (c) Eligibility.--The following entities shall be eligible 
     to participate in a consortium established under subsection 
     (a):
       (1) An institution of higher education (as defined in 
     section 102 of the Higher Education Act of 1965 (20 U.S.C. 
     1002)).
       (2) An operator of a federally funded research and 
     development center.
       (3) A nonprofit or not-for-profit research institution.
       (4) A consortium composed of--
       (A) an entity described in paragraph (1), (2), or (3); and
       (B) one or more for-profit entities.

     SEC. 2667. EXPEDITED ACCESS TO TECHNICAL TALENT AND 
                   EXPERTISE.

       (a) In General.--The Administrator may--
       (1) establish one or more multi-institution task order 
     contracts, consortia, cooperative agreements, or other 
     arrangements to facilitate expedited access to eligible 
     entities in support of NASA missions; and
       (2) use such a multi-institution task order contract, 
     consortium, cooperative agreement, or other arrangement to 
     fund technical analyses and other engineering support to 
     address the acquisition, technical, and operational needs of 
     NASA centers.
       (b) Consultation With Other NASA-affiliated Entities.--To 
     ensure access to technical expertise and reduce costs and 
     duplicative efforts, a multi-institution task order contract, 
     consortium, cooperative agreement, or any other arrangement 
     established under subsection (a)(1) shall, to the maximum 
     extent practicable, be carried out in consultation with other 
     NASA-affiliated entities, including federally funded research 
     and development centers, university-affiliated research 
     centers, and NASA laboratories and test centers.
       (c) Policies and Procedures.--The Administrator shall 
     develop and implement policies and procedures to govern, with 
     respect to the establishment of a multi-institution task 
     order contract, consortium, cooperative agreement, or any 
     other arrangement under subsection (a)(1)--
       (1) the selection of participants;
       (2) the award of task orders;
       (3) the maximum award size for a task;
       (4) the appropriate use of competitive awards and sole 
     source awards; and
       (5) technical capabilities required.
       (d) Eligible Entity Defined.--In this section, the term 
     ``eligible entity'' means--
       (1) an institution of higher education (as defined in 
     section 102 of the Higher Education Act of 1965 (20 U.S.C. 
     1002));
       (2) an operator of a federally funded research and 
     development center;
       (3) a nonprofit or not-for-profit research institution; and
       (4) a consortium composed of--
       (A) an entity described in paragraph (1), (2), or (3); and
       (B) one or more for-profit entities.

     SEC. 2668. REPORT ON INDUSTRIAL BASE FOR CIVIL SPACE MISSIONS 
                   AND OPERATIONS.

       (a) In General.--Not later than 1 year after the date of 
     the enactment of this division, and from time to time 
     thereafter, the Administrator shall submit to the appropriate 
     committees of Congress a report on the United States 
     industrial base for NASA civil space missions and operations.
       (b) Elements.--The report required by subsection (a) shall 
     include the following:
       (1) A comprehensive description of the current status of 
     the United States industrial base for NASA civil space 
     missions and operations.
       (2) A description and assessment of the weaknesses in the 
     supply chain, skills, manufacturing capacity, raw materials, 
     key components, and other areas of the United States 
     industrial base for NASA civil space missions and operations 
     that could adversely impact such missions and operations if 
     unavailable.
       (3) A description and assessment of various mechanisms to 
     address and mitigate the weaknesses described pursuant to 
     paragraph (2).
       (4) A comprehensive list of the collaborative efforts, 
     including future and proposed collaborative efforts, between 
     NASA and the Manufacturing USA institutes of the Department 
     of Commerce.
       (5) An assessment of--
       (A) the defense and aerospace manufacturing supply chains 
     relevant to NASA in each region of the United States; and
       (B) the feasibility and benefits of establishing a supply 
     chain center of excellence in a State in which NASA does not, 
     as of the date of the enactment of this division, have a 
     research center or test facility.
       (6) Such other matters relating to the United States 
     industrial base for NASA civil space missions and operations 
     as the Administrator considers appropriate.

     SEC. 2669. SEPARATIONS AND RETIREMENT INCENTIVES.

       Section 20113 of title 51, United States Code, is amended 
     by adding at the end the following:
       ``(o) Provisions Related to Separation and Retirement 
     Incentives.--
       ``(1) Definition.--In this subsection, the term 
     `employee'--
       ``(A) means an employee of the Administration serving under 
     an appointment without time limitation; and
       ``(B) does not include--
       ``(i) a reemployed annuitant under subchapter III of 
     chapter 83 or chapter 84 of title 5 or any other retirement 
     system for employees of the Federal Government;
       ``(ii) an employee having a disability on the basis of 
     which such employee is or would be eligible for disability 
     retirement under any of the retirement systems referred to in 
     clause (i); or
       ``(iii) for purposes of eligibility for separation 
     incentives under this subsection, an employee who is in 
     receipt of a decision notice of involuntary separation for 
     misconduct or unacceptable performance.
       ``(2) Authority.--The Administrator may establish a program 
     under which employees may be eligible for early retirement, 
     offered separation incentive pay to separate from service 
     voluntarily, or both. This authority may be used to reduce 
     the number of personnel employed or to restructure the 
     workforce to meet mission objectives without reducing the 
     overall number of personnel. This authority is in addition 
     to, and notwithstanding, any other authorities established by 
     law or regulation for such programs.
       ``(3) Early retirement.--An employee who is at least 50 
     years of age and has completed 20 years of service, or has at 
     least 25 years of service, may, pursuant to regulations 
     promulgated under this subsection, apply and be retired from 
     the Administration and receive benefits in accordance with 
     subchapter III of chapter 83 or 84 of title 5 if the employee 
     has been employed continuously within the Administration for 
     more than 30 days before the date on which the determination 
     to conduct a reduction or restructuring within 1 or more 
     Administration centers is approved.
       ``(4) Separation pay.--
       ``(A) In general.--Separation pay shall be paid in a lump 
     sum or in installments and shall be equal to the lesser of--
       ``(i) an amount equal to the amount the employee would be 
     entitled to receive under section 5595(c) of title 5, if the 
     employee were entitled to payment under such section; or
       ``(ii) $40,000.
       ``(B) Limitations.--Separation pay shall not be a basis for 
     payment, and shall not be included in the computation, of any 
     other type of Government benefit. Separation pay shall not be 
     taken into account for the purpose of determining the amount 
     of any severance pay to which an individual may be entitled 
     under section 5595 of title 5, based on any other separation.
       ``(C) Installments.--Separation pay, if paid in 
     installments, shall cease to be paid upon the recipient's 
     acceptance of employment by the Federal Government, or 
     commencement of work under a personal services contract as 
     described in paragraph (5).
       ``(5) Limitations on reemployment.--
       ``(A) An employee who receives separation pay under such 
     program may not be reemployed by the Administration for a 12-
     month period beginning on the effective date of the 
     employee's separation, unless this prohibition is waived by 
     the Administrator on a case-by-case basis.
       ``(B) An employee who receives separation pay under this 
     section on the basis of a separation and accepts employment 
     with the Government of the United States, or who commences 
     work through a personal services contract with the United 
     States within 5 years after the date of the separation on 
     which payment of the separation pay is based, shall be 
     required to repay the entire amount of the separation pay to 
     the Administration. If the employment is with an Executive 
     agency (as defined by section 105 of title 5) other than the 
     Administration, the

[[Page S2646]]

     Administrator may, at the request of the head of that agency, 
     waive the repayment if the individual involved possesses 
     unique abilities and is the only qualified applicant 
     available for the position. If the employment is within the 
     Administration, the Administrator may waive the repayment if 
     the individual involved is the only qualified applicant 
     available for the position. If the employment is with an 
     entity in the legislative branch, the head of the entity or 
     the appointing official may waive the repayment if the 
     individual involved possesses unique abilities and is the 
     only qualified applicant available for the position. If the 
     employment is with the judicial branch, the Director of the 
     Administrative Office of the United States Courts may waive 
     the repayment if the individual involved possesses unique 
     abilities and is the only qualified applicant available for 
     the position.
       ``(6) Regulations.--Under the program established under 
     paragraph (2), early retirement and separation pay may be 
     offered only pursuant to regulations established by the 
     Administrator, subject to such limitations or conditions as 
     the Administrator may require.
       ``(7) Use of existing funds.--The Administrator shall carry 
     out this subsection using amounts otherwise made available to 
     the Administrator and no additional funds are authorized to 
     be appropriated to carry out this subsection.''.

     SEC. 2670. CONFIDENTIALITY OF MEDICAL QUALITY ASSURANCE 
                   RECORDS.

       (a) In General.--Chapter 313 of title 51, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 31303. Confidentiality of medical quality assurance 
       records

       ``(a) In General.--Except as provided in subsection 
     (b)(1)--
       ``(1) a medical quality assurance record, or any part of a 
     medical quality assurance record, may not be subject to 
     discovery or admitted into evidence in a judicial or 
     administrative proceeding; and
       ``(2) an individual who reviews or creates a medical 
     quality assurance record for the Administration, or 
     participates in any proceeding that reviews or creates a 
     medical quality assurance record, may not testify in a 
     judicial or administrative proceeding with respect to--
       ``(A) the medical quality assurance record; or
       ``(B) any finding, recommendation, evaluation, opinion, or 
     action taken by such individual or in accordance with such 
     proceeding with respect to the medical quality assurance 
     record.
       ``(b) Disclosure of Records.--
       ``(1) In general.--Notwithstanding subsection (a), a 
     medical quality assurance record may be disclosed to--
       ``(A) a Federal agency or private entity, if the medical 
     quality assurance record is necessary for the Federal agency 
     or private entity to carry out--
       ``(i) licensing or accreditation functions relating to 
     Administration healthcare facilities; or
       ``(ii) monitoring of Administration healthcare facilities 
     required by law;
       ``(B) a Federal agency or healthcare provider, if the 
     medical quality assurance record is required by the Federal 
     agency or healthcare provider to enable Administration 
     participation in a healthcare program of the Federal agency 
     or healthcare provider;
       ``(C) a criminal or civil law enforcement agency, or an 
     instrumentality authorized by law to protect the public 
     health or safety, on written request by a qualified 
     representative of such agency or instrumentality submitted to 
     the Administrator that includes a description of the lawful 
     purpose for which the medical quality assurance record is 
     requested;
       ``(D) an officer, an employee, or a contractor of the 
     Administration who requires the medical quality assurance 
     record to carry out an official duty associated with 
     healthcare;
       ``(E) healthcare personnel, to the extent necessary to 
     address a medical emergency affecting the health or safety of 
     an individual; and
       ``(F) any committee, panel, or board convened by the 
     Administration to review the healthcare-related policies and 
     practices of the Administration.
       ``(2) Subsequent disclosure prohibited.--An individual or 
     entity to whom a medical quality assurance record has been 
     disclosed under paragraph (1) may not make a subsequent 
     disclosure of the medical quality assurance record.
       ``(c) Personally Identifiable Information.--
       ``(1) In general.--Except as provided in paragraph (2), the 
     personally identifiable information contained in a medical 
     quality assurance record of a patient or an employee of the 
     Administration, or any other individual associated with the 
     Administration for purposes of a medical quality assurance 
     program, shall be removed before the disclosure of the 
     medical quality assurance record to an entity other than the 
     Administration.
       ``(2) Exception.-- Personally identifiable information 
     described in paragraph (1) may be released to an entity other 
     than the Administration if the Administrator makes a 
     determination that the release of such personally 
     identifiable information--
       ``(A) is in the best interests of the Administration; and
       ``(B) does not constitute an unwarranted invasion of 
     personal privacy.
       ``(d) Exclusion From FOIA.--A medical quality assurance 
     record may not be made available to any person under section 
     552 of title 5, United States Code (commonly referred to as 
     the `Freedom of Information Act'), and this section shall be 
     considered a statute described in subsection (b)(3)(B) of 
     such section 522.
       ``(e) Regulations.--Not later than one year after the date 
     of the enactment of this section, the Administrator shall 
     promulgate regulations to implement this section.
       ``(f) Rules of Construction.--Nothing in this section shall 
     be construed--
       ``(1) to withhold a medical quality assurance record from a 
     committee of the Senate or House of Representatives or a 
     joint committee of Congress if the medical quality assurance 
     record relates to a matter within the jurisdiction of such 
     committee or joint committee; or
       ``(2) to limit the use of a medical quality assurance 
     record within the Administration, including the use by a 
     contractor or consultant of the Administration.
       ``(g) Definitions.--In this section:
       ``(1) Medical quality assurance record.--The term `medical 
     quality assurance record' means any proceeding, discussion, 
     record, finding, recommendation, evaluation, opinion, 
     minutes, report, or other document or action that results 
     from a quality assurance committee, quality assurance 
     program, or quality assurance program activity.
       ``(2) Quality assurance program.--
       ``(A) In general.--The term `quality assurance program' 
     means a comprehensive program of the Administration--
       ``(i) to systematically review and improve the quality of 
     medical and behavioral health services provided by the 
     Administration to ensure the safety and security of 
     individuals receiving such health services; and
       ``(ii) to evaluate and improve the efficiency, 
     effectiveness, and use of staff and resources in the delivery 
     of such health services.
       ``(B) Inclusion.--The term `quality assurance program' 
     includes any activity carried out by or for the 
     Administration to assess the quality of medical care provided 
     by the Administration.''.
       (b) Technical and Conforming Amendment.--The table of 
     sections for chapter 313 of title 51, United States Code, is 
     amended by adding at the end the following:

``31303. Confidentiality of medical quality assurance records.''.

                  PART VIII--MISCELLANEOUS PROVISIONS

     SEC. 2671. CONTRACTING AUTHORITY.

       Section 20113 of title 51, United States Code, is amended 
     by adding at the end the following:
       ``(o) Contracting Authority.--The Administration--
       ``(1) may enter into an agreement with a private, 
     commercial, or State government entity to provide the entity 
     with supplies, support, and services related to private, 
     commercial, or State government space activities carried out 
     at a property owned or operated by the Administration; and
       ``(2) upon the request of such an entity, may include such 
     supplies, support, and services in the requirements of the 
     Administration if--
       ``(A) the Administrator determines that the inclusion of 
     such supplies, support, or services in such requirements--
       ``(i) is in the best interest of the Federal Government;
       ``(ii) does not interfere with the requirements of the 
     Administration; and
       ``(iii) does not compete with the commercial space 
     activities of other such entities; and
       ``(B) the Administration has full reimbursable funding from 
     the entity that requested supplies, support, and services 
     prior to making any obligation for the delivery of such 
     supplies, support, or services under an Administration 
     procurement contract or any other agreement.''.

     SEC. 2672. AUTHORITY FOR TRANSACTION PROTOTYPE PROJECTS AND 
                   FOLLOW-ON PRODUCTION CONTRACTS.

       Section 20113 of title 51, United States Code, as amended 
     by section 2671, is further amended by adding at the end the 
     following:
       ``(p) Transaction Prototype Projects and Follow-on 
     Production Contracts.--
       ``(1) In general.--The Administration may enter into a 
     transaction (other than a contract, cooperative agreement, or 
     grant) to carry out a prototype project that is directly 
     relevant to enhancing the mission effectiveness of the 
     Administration.
       ``(2) Subsequent award of follow-on production contract.--A 
     transaction entered into under this subsection for a 
     prototype project may provide for the subsequent award of a 
     follow-on production contract to participants in the 
     transaction.
       ``(3) Inclusion.--A transaction under this subsection 
     includes a project awarded to an individual participant and 
     to all individual projects awarded to a consortium of United 
     States industry and academic institutions.
       ``(4) Determination.--The authority of this section may be 
     exercised for a transaction for a prototype project and any 
     follow-on production contract, upon a determination by the 
     head of the contracting activity, in accordance with 
     Administration policies, that--
       ``(A) circumstances justify use of a transaction to provide 
     an innovative business arrangement that would not be feasible 
     or appropriate under a contract; and
       ``(B) the use of the authority of this section is essential 
     to promoting the success of the prototype project.

[[Page S2647]]

       ``(5) Competitive procedure.--
       ``(A) In general.--To the maximum extent practicable, the 
     Administrator shall use competitive procedures with respect 
     to entering into a transaction to carry out a prototype 
     project.
       ``(B) Exception.--Notwithstanding section 2304 of title 10, 
     United States Code, a follow-on production contract may be 
     awarded to the participants in the prototype transaction 
     without the use of competitive procedures, if--
       ``(i) competitive procedures were used for the selection of 
     parties for participation in the prototype transaction; and
       ``(ii) the participants in the transaction successfully 
     completed the prototype project provided for in the 
     transaction.
       ``(6) Cost share.--A transaction to carry out a prototype 
     project and a follow-on production contract may require that 
     part of the total cost of the transaction or contract be paid 
     by the participant or contractor from a source other than the 
     Federal Government.
       ``(7) Procurement ethics.--A transaction under this 
     authority shall be considered an agency procurement for 
     purposes of chapter 21 of title 41, United States Code, with 
     regard to procurement ethics.''.

     SEC. 2673. PROTECTION OF DATA AND INFORMATION FROM PUBLIC 
                   DISCLOSURE.

       (a) Certain Technical Data.--Section 20131 of title 51, 
     United States Code, is amended--
       (1) by redesignating subsection (c) as subsection (d);
       (2) in subsection (a)(3), by striking ``subsection (b)'' 
     and inserting ``subsection (b) or (c)'';
       (3) by inserting after subsection (b) the following:
       ``(c) Special Handling of Certain Technical Data.--
       ``(1) In general.--The Administrator may provide 
     appropriate protections against the public dissemination of 
     certain technical data, including exemption from subchapter 
     II of chapter 5 of title 5.
       ``(2) Definitions.--In this subsection:
       ``(A) Certain technical data.--The term `certain technical 
     data' means technical data that may not be exported lawfully 
     outside the United States without approval, authorization, or 
     license under--
       ``(i) the Export Control Reform Act of 2018 (Public Law 
     115-232; 132 Stat. 2208); or
       ``(ii) the International Security Assistance and Arms 
     Export Control Act of 1976 (Public Law 94-329; 90 Stat. 729).
       ``(B) Technical data.--The term `technical data' means any 
     blueprint, drawing, photograph, plan, instruction, computer 
     software, or documentation, or any other technical 
     information.'';
       (4) in subsection (d), as so redesignated, by inserting ``, 
     including any data,'' after ``information''; and
       (5) by adding at the end the following:
       ``(e) Exclusion From FOIA.--This shall be considered a 
     statute described in subsection (b)(3)(B) of 552 of title 5 
     (commonly referred to as the `Freedom of Information 
     Act').''.
       (b) Certain Voluntarily Provided Safety-related 
     Information.--
       (1) In general.--The Administrator shall provide 
     appropriate safeguards against the public dissemination of 
     safety-related information collected as part of a mishap 
     investigation carried out under the NASA safety reporting 
     system or in conjunction with an organizational safety 
     assessment, if the Administrator makes a written 
     determination, including a justification of the 
     determination, that--
       (A)(i) disclosure of the information would inhibit 
     individuals from voluntarily providing safety-related 
     information; and
       (ii) the ability of NASA to collect such information 
     improves the safety of NASA programs and research relating to 
     aeronautics and space; or
       (B) withholding such information from public disclosure 
     improves the safety of such NASA programs and research.
       (2) Other federal agencies.--Notwithstanding any other 
     provision of law, if the Administrator provides to the head 
     of another Federal agency safety-related information with 
     respect to which the Administrator has made a determination 
     under paragraph (1), the head of the Federal agency shall 
     withhold the information from public disclosure.
       (3) Public availability.--A determination or part of a 
     determination under paragraph (1) shall be made available to 
     the public on request, as required under 552 of title 5, 
     United States Code (commonly referred to as the ``Freedom of 
     Information Act'').
       (4) Exclusion from foia.--This subsection shall be 
     considered a statute described in subsection (b)(3)(B) of 
     section 552 of title 5, United States Code.

     SEC. 2674. PHYSICAL SECURITY MODERNIZATION.

       Chapter 201 of title 51, United States Code, is amended--
       (1) in section 20133(2), by striking ``property'' and all 
     that follows through ``to the United States,'' and inserting 
     ``Administration personnel or of property owned or leased by, 
     or under the control of, the United States''; and
       (2) in section 20134, in the second sentence--
       (A) by inserting ``Administration personnel or any'' after 
     ``protecting''; and
       (B) by striking ``, at facilities owned or contracted to 
     the Administration''.

     SEC. 2675. LEASE OF NON-EXCESS PROPERTY.

       Section 20145 of title 51, United States Code, is amended--
       (1) in subsection (b)(1)(B), by striking ``entered into for 
     the purpose of developing renewable energy production 
     facilities''; and
       (2) in subsection (g), in the first sentence, by striking 
     ``December 31, 2021'' and inserting ``December 31, 2025''.

     SEC. 2676. CYBERSECURITY.

       (a) In General.--Section 20301 of title 51, United States 
     Code, is amended by adding at the end the following:
       ``(c) Cybersecurity.--The Administrator shall update and 
     improve the cybersecurity of NASA space assets and supporting 
     infrastructure.''.
       (b) Security Operations Center.--
       (1) Establishment.--The Administrator shall maintain a 
     Security Operations Center, to identify and respond to 
     cybersecurity threats to NASA information technology systems, 
     including institutional systems and mission systems.
       (2) Inspector general recommendations.--The Administrator 
     shall implement, to the maximum extent practicable, each of 
     the recommendations contained in the report of the Inspector 
     General of NASA entitled ``Audit of NASA's Security 
     Operations Center'', issued on May 23, 2018.
       (c) Cyber Threat Hunt.--
       (1) In general.--The Administrator, in coordination with 
     the Secretary of Homeland Security and the heads of other 
     relevant Federal agencies, may implement a cyber threat hunt 
     capability to proactively search NASA information systems for 
     advanced cyber threats that otherwise evade existing security 
     tools.
       (2) Threat-hunting process.--In carrying out paragraph (1), 
     the Administrator shall develop and document a threat-hunting 
     process, including the roles and responsibilities of 
     individuals conducting a cyber threat hunt.
       (d) GAO Priority Recommendations.--The Administrator shall 
     implement, to the maximum extent practicable, the 
     recommendations for NASA contained in the report of the 
     Comptroller General of the United States entitled 
     ``Information Security: Agencies Need to Improve Controls 
     over Selected High-Impact Systems'', issued May 18, 2016, 
     including--
       (1) re-evaluating security control assessments; and
       (2) specifying metrics for the continuous monitoring 
     strategy of the Administration.

     SEC. 2677. LIMITATION ON COOPERATION WITH THE PEOPLE'S 
                   REPUBLIC OF CHINA.

       (a) In General.--Except as provided by subsection (b), the 
     Administrator, the Director of the OSTP, and the Chair of the 
     National Space Council, shall not--
       (1) develop, design, plan, promulgate, implement, or 
     execute a bilateral policy, program, order, or contract of 
     any kind to participate, collaborate, or coordinate 
     bilaterally in any manner with--
       (A) the Government of the People's Republic of China; or
       (B) any company--
       (i) owned by the Government of the People's Republic of 
     China; or
       (ii) incorporated under the laws of the People's Republic 
     of China; and
       (2) host official visitors from the People's Republic of 
     China at a facility belonging to or used by NASA.
       (b) Waiver.--
       (1) In general.--The Administrator, the Director, or the 
     Chair may waive the limitation under subsection (a) with 
     respect to an activity described in that subsection only if 
     the Administrator, the Director, or the Chair, as applicable, 
     makes a determination that the activity--
       (A) does not pose a risk of a transfer of technology, data, 
     or other information with national security or economic 
     security implications to an entity described in paragraph (1) 
     of such subsection; and
       (B) does not involve knowing interactions with officials 
     who have been determined by the United States to have direct 
     involvement with violations of human rights.
       (2) Certification to congress.--Not later than 30 days 
     after the date on which a waiver is granted under paragraph 
     (1), the Administrator, the Director, or the Chair, as 
     applicable, shall submit to the Committee on Commerce, 
     Science, and Transportation and the Committee on 
     Appropriations of the Senate and the Committee on Science, 
     Space, and Technology and the Committee on Appropriations of 
     the House of Representatives a written certification that the 
     activity complies with the requirements in subparagraphs (A) 
     and (B) of that paragraph.
       (c) GAO Review.--
       (1) In general.--The Comptroller General of the United 
     States shall conduct a review of NASA contracts that may 
     subject the Administration to unacceptable transfers of 
     intellectual property or technology to any entity--
       (A) owned or controlled (in whole or in part) by, or 
     otherwise affiliated with, the Government of the People's 
     Republic of China; or
       (B) organized under, or otherwise subject to, the laws of 
     the People's Republic of China.
       (2) Elements.--The review required under paragraph (1) 
     shall assess--
       (A) whether the Administrator is aware--
       (i) of any NASA contractor that benefits from significant 
     financial assistance from--

       (I) the Government of the People's Republic of China;
       (II) any entity controlled by the Government of the 
     People's Republic of China; or

[[Page S2648]]

       (III) any other governmental entity of the People's 
     Republic of China; and

       (ii) that the Government of the People's Republic of China, 
     or an entity controlled by the Government of the People's 
     Republic of China, may be--

       (I) leveraging United States companies that share ownership 
     with NASA contractors; or
       (II) obtaining intellectual property or technology 
     illicitly or by other unacceptable means; and

       (B) the steps the Administrator is taking to ensure that--
       (i) NASA contractors are not being leveraged (directly or 
     indirectly) by the Government of the People's Republic of 
     China or by an entity controlled by the Government of the 
     People's Republic of China;
       (ii) the intellectual property and technology of NASA 
     contractors are adequately protected; and
       (iii) NASA flight-critical components are not sourced from 
     the People's Republic of China through any entity benefitting 
     from Chinese investments, loans, or other assistance.
       (3) Recommendations.--The Comptroller General shall provide 
     to the Administrator recommendations for future NASA 
     contracting based on the results of the review.
       (4) Plan.--Not later than 180 days after the date on which 
     the Comptroller General completes the review, the 
     Administrator shall--
       (A) develop a plan to implement the recommendations of the 
     Comptroller General; and
       (B) submit the plan to the appropriate committees of 
     Congress.
       (d) Termination.--The limitation under subsection (a) shall 
     cease to have effect on the date that is 10 years after the 
     date of the enactment of this division.

     SEC. 2678. CONSIDERATION OF ISSUES RELATED TO CONTRACTING 
                   WITH ENTITIES RECEIVING ASSISTANCE FROM OR 
                   AFFILIATED WITH THE PEOPLE'S REPUBLIC OF CHINA.

       (a) In General.--With respect to a matter in response to a 
     request for proposal or a broad area announcement by the 
     Administrator, or award of any contract, agreement, or other 
     transaction with the Administrator, a commercial or 
     noncommercial entity shall certify that it is not majority 
     owned or controlled (as defined in section 800.208 of title 
     31, Code of Federal Regulations), or minority owned greater 
     than 25 percent, by--
       (1) any governmental organization of the People's Republic 
     of China; or
       (2) any other entity that is--
       (A) known to be owned or controlled by any governmental 
     organization of the People's Republic of China; or
       (B) organized under, or otherwise subject to, the laws of 
     the People's Republic of China.
       (b) False Statements.--
       (1) In general.--A false statement contained in a 
     certification under subsection (a) constitutes a false or 
     fraudulent claim for purposes of chapter 47 of title 18, 
     United States Code.
       (2) Action under federal acquisition regulation.--Any party 
     convicted for making a false statement with respect to a 
     certification under subsection (a) shall be subject to 
     debarment from contracting with the Administrator for a 
     period of not less than 1 year, as determined by the 
     Administrator, in addition to other appropriate action in 
     accordance with the Federal Acquisition Regulation maintained 
     under section 1303(a)(1) of title 41, United States Code.
       (c) Annual Report.--The Administrator shall submit to the 
     appropriate committees of Congress an annual report detailing 
     any violation of this section.

     SEC. 2679. SMALL SATELLITE LAUNCH SERVICES PROGRAM.

       (a) In General.--The Administrator shall continue to 
     procure dedicated launch services, including from small and 
     venture class launch providers, for small satellites, 
     including CubeSats, for the purpose of conducting science and 
     technology missions that further the goals of NASA.
       (b) Requirements.--In carrying out the program under 
     subsection (a), the Administrator shall engage with the 
     academic community to maximize awareness and use of dedicated 
     small satellite launch opportunities.
       (c) Rule of Construction.--Nothing in this section shall 
     prevent the Administrator from continuing to use a secondary 
     payload of procured launch services for CubeSats.

     SEC. 2680. 21ST CENTURY SPACE LAUNCH INFRASTRUCTURE.

       (a) In General.--The Administrator shall carry out a 
     program to modernize multi-user launch infrastructure at NASA 
     facilities--
       (1) to enhance safety; and
       (2) to advance Government and commercial space 
     transportation and exploration.
       (b) Projects.--Projects funded under the program under 
     subsection (a) may include--
       (1) infrastructure relating to commodities;
       (2) standard interfaces to meet customer needs for multiple 
     payload processing and launch vehicle processing;
       (3) enhancements to range capacity and flexibility; and
       (4) such other projects as the Administrator considers 
     appropriate to meet the goals described in subsection (a).
       (c) Requirements.--In carrying out the program under 
     subsection (a), the Administrator shall--
       (1) identify and prioritize investments in projects that 
     can be used by multiple users and launch vehicles, including 
     non-NASA users and launch vehicles; and
       (2) limit investments to projects that would not otherwise 
     be funded by a NASA program, such as an institutional or 
     programmatic infrastructure program.
       (d) Rule of Construction.--Nothing in this section shall 
     preclude a NASA program, including the Space Launch System 
     and Orion, from using the launch infrastructure modernized 
     under this section.

     SEC. 2681. MISSIONS OF NATIONAL NEED.

       (a) Sense of Congress.--It is the Sense of Congress that--
       (1) while certain space missions, such as asteroid 
     detection or space debris mitigation or removal missions, may 
     not provide the highest-value science, as determined by the 
     National Academies of Science, Engineering, and Medicine 
     decadal surveys, such missions provide tremendous value to 
     the United States and the world; and
       (2) the current organizational and funding structure of 
     NASA has not prioritized the funding of missions of national 
     need.
       (b) Study.--
       (1) In general.--The Director of the OSTP shall conduct a 
     study on the manner in which NASA funds missions of national 
     need.
       (2) Matters to be included.--The study conducted under 
     paragraph (1) shall include the following:
       (A) An identification and assessment of the types of 
     missions or technology development programs that constitute 
     missions of national need.
       (B) An assessment of the manner in which such missions are 
     currently funded and managed by NASA.
       (C) An analysis of the options for funding missions of 
     national need, including--
       (i) structural changes required to allow NASA to fund such 
     missions; and
       (ii) an assessment of the capacity of other Federal 
     agencies to make funds available for such missions.
       (c) Report to Congress.--Not later than 1 year after the 
     date of the enactment of this division, the Director of the 
     OSTP shall submit to the appropriate committees of Congress a 
     report on the results of the study conducted under subsection 
     (b), including recommendations for funding missions of 
     national need.

     SEC. 2682. DRINKING WATER WELL REPLACEMENT FOR CHINCOTEAGUE, 
                   VIRGINIA.

       Notwithstanding any other provision of law, during the 5-
     year period beginning on the date of the enactment of this 
     division, the Administrator may enter into 1 or more 
     agreements with the town of Chincoteague, Virginia, to 
     reimburse the town for costs that are directly associated 
     with--
       (1) the removal of drinking water wells located on property 
     administered by the Administration; and
       (2) the relocation of such wells to property under the 
     administrative control, through lease, ownership, or 
     easement, of the town.

     SEC. 2683. PASSENGER CARRIER USE.

       Section 1344(a)(2) of title 31, United States Code, is 
     amended--
       (1) in subparagraph (A), by striking ``or'' at the end;
       (2) in subparagraph (B), by inserting ``or'' after the 
     comma at the end; and
       (3) by inserting after subparagraph (B) the following:
       ``(C) necessary for post-flight transportation of United 
     States Government astronauts, and other astronauts subject to 
     reimbursable arrangements, returning from space for the 
     performance of medical research, monitoring, diagnosis, or 
     treatment, or other official duties, prior to receiving post-
     flight medical clearance to operate a motor vehicle,''.

     SEC. 2684. USE OF COMMERCIAL NEAR-SPACE BALLOONS.

       (a) Sense of Congress.--It is the sense of Congress that 
     the use of an array of capabilities, including the use of 
     commercially available near-space balloon assets, is in the 
     best interest of the United States.
       (b) Use of Commercial Near-space Balloons.--The 
     Administrator shall use commercially available balloon assets 
     operating at near-space altitudes, to the maximum extent 
     practicable, as part of a diverse set of capabilities to 
     effectively and efficiently meet the goals of the 
     Administration.

     SEC. 2685. PRESIDENT'S SPACE ADVISORY BOARD.

       Section 121 of the National Aeronautics and Space 
     Administration Authorization Act, Fiscal Year 1991 (Public 
     Law 101-611; 51 U.S.C. 20111 note) is amended--
       (1) in the section heading, by striking ``users' advisory 
     group'' and inserting ``president's space advisory board''; 
     and
       (2) by striking ``Users' Advisory Group'' each place it 
     appears and inserting ``President's Space Advisory Board.''

     SEC. 2686. INITIATIVE ON TECHNOLOGIES FOR NOISE AND EMISSIONS 
                   REDUCTIONS.

       (a) Initiative Required.--Section 40112 of title 51, United 
     States Code, is amended--
       (1) by redesignating subsections (b) through (f) as 
     subsections (c) through (g), respectively; and
       (2) by inserting after subsection (a) the following new 
     subsection (b):
       ``(b) Technologies for Noise and Emissions Reduction.--
       ``(1) Initiative required.--The Administrator shall 
     establish an initiative to build upon and accelerate previous 
     or ongoing work to develop and demonstrate new technologies, 
     including systems architecture, components, or integration of 
     systems and

[[Page S2649]]

     airframe structures, in electric aircraft propulsion concepts 
     that are capable of substantially reducing both emissions and 
     noise from aircraft.
       ``(2) Approach.--In carrying out the initiative, the 
     Administrator shall do the following:
       ``(A) Continue and expand work of the Administration on 
     research, development, and demonstration of electric aircraft 
     concepts, and the integration of such concepts.
       ``(B) To the extent practicable, work with multiple 
     partners, including small businesses and new entrants, on 
     research and development activities related to transport 
     category aircraft.
       ``(C) Provide guidance to the Federal Aviation 
     Administration on technologies developed and tested pursuant 
     to the initiative.''.
       (b) Reports.--Not later than 180 days after the date of the 
     enactment of this division, and annually thereafter as a part 
     of the Administration's budget submission, the Administrator 
     shall submit a report to the appropriate committee of 
     Congress on the progress of the work under the initiative 
     required by subsection (b) of section 40112 of title 51, 
     United States Code (as amended by subsection (a) of this 
     section), including an updated, anticipated timeframe for 
     aircraft entering into service that produce 50 percent less 
     noise and emissions than the highest performing aircraft in 
     service as of December 31, 2019.

     SEC. 2687. REMEDIATION OF SITES CONTAMINATED WITH 
                   TRICHLOROETHYLENE.

       (a) Identification of Sites.--Not later than 180 days after 
     the date of the enactment of this division, the Administrator 
     shall identify sites of the Administration contaminated with 
     trichloroethylene.
       (b) Report Required.--Not later than 1 year after the date 
     of the enactment of this division, the Administrator shall 
     submit to the appropriate committees of Congress a report 
     that includes--
       (1) the recommendations of the Administrator for 
     remediating the sites identified under subsection (a) during 
     the 5-year period beginning on the date of the report; and
       (2) an estimate of the financial resources necessary to 
     implement those recommendations.

     SEC. 2688. REVIEW ON PREFERENCE FOR DOMESTIC SUPPLIERS.

       (a) Sense of Congress.--It is the Sense of Congress that 
     the Administration should, to the maximum extent practicable 
     and with due consideration of foreign policy goals and 
     obligations under Federal law--
       (1) use domestic suppliers of goods and services; and
       (2) ensure compliance with the Federal acquisition 
     regulations, including subcontract flow-down provisions.
       (b) Review.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this division, the Administrator shall 
     undertake a comprehensive review of the domestic supplier 
     preferences of the Administration and the obligations of the 
     Administration under the Federal acquisition regulations to 
     ensure compliance, particularly with respect to Federal 
     acquisition regulations provisions that apply to foreign-
     based subcontractors.
       (2) Elements.--The review under paragraph (1) shall 
     include--
       (A) an assessment as to whether the Administration has 
     provided funding for infrastructure of a foreign-owned 
     company or State-sponsored entity in recent years; and
       (B) a review of any impact such funding has had on domestic 
     service providers.
       (c) Report.--The Administrator shall submit to the 
     appropriate committees of Congress a report on the results of 
     the review.

     SEC. 2689. REPORT ON USE OF COMMERCIAL SPACEPORTS LICENSED BY 
                   THE FEDERAL AVIATION ADMINISTRATION.

       (a) In General.--Not later than 1 year after the date of 
     the enactment of this division, the Administrator shall 
     submit to the appropriate committees of Congress a report on 
     the benefits of increased use of commercial spaceports 
     licensed by the Federal Aviation Administration for NASA 
     civil space missions and operations.
       (b) Elements.--The report required by subsection (a) shall 
     include the following:
       (1) A description and assessment of current use of 
     commercial spaceports licensed by the Federal Aviation 
     Administration for NASA civil space missions and operations.
       (2) A description and assessment of the benefits of 
     increased use of such spaceports for such missions and 
     operations.
       (3) A description and assessment of the steps necessary to 
     achieve increased use of such spaceports for such missions 
     and operations.

     SEC. 2690. ACTIVE ORBITAL DEBRIS MITIGATION.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) orbital debris, particularly in low-Earth orbit, poses 
     a hazard to NASA missions, particularly human spaceflight; 
     and
       (2) progress has been made on the development of guidelines 
     for long-term space sustainability through the United Nations 
     Committee on the Peaceful Uses of Outer Space.
       (b) Requirements.--The Administrator should--
       (1) ensure the policies and standard practices of NASA meet 
     or exceed international guidelines for spaceflight safety; 
     and
       (2) support the development of orbital debris mitigation 
     technologies through continued research and development of 
     concepts.
       (c) Report to Congress.--Not later than 90 days after the 
     date of the enactment of this division, the Administrator 
     shall submit to the appropriate committees of Congress a 
     report on the status of implementing subsection (b).

     SEC. 2691. STUDY ON COMMERCIAL COMMUNICATIONS SERVICES.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) enhancing the ability of researchers to conduct and 
     interact with experiments while in flight would make huge 
     advancements in the overall profitability of conducting 
     research on suborbit and low-Earth orbit payloads; and
       (2) current NASA communications do not allow for real-time 
     data collection, observation, or transmission of information.
       (b) Study.--The Administrator shall conduct a study on the 
     feasibility, impact, and cost of using commercial 
     communications programs services for suborbital flight 
     programs and low-Earth orbit research.
       (c) Report.--Not later than 18 months after the date of the 
     enactment of this division, the Administrator shall submit to 
     Congress and make publicly available a report that describes 
     the results of the study conducted under subsection (b).

             DIVISION C--STRATEGIC COMPETITION ACT OF 2021

     SEC. 3001. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Strategic 
     Competition Act of 2021''.
       (b) Table of Contents.--The table of contents for this 
     division is as follows:

             DIVISION C--STRATEGIC COMPETITION ACT OF 2021

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

               TITLE I--INVESTING IN A COMPETITIVE FUTURE

                   Subtitle A--Science and Technology

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

        Subtitle B--Global Infrastructure and Energy Development

Sec. 3111. Appropriate committees of Congress defined.
Sec. 3112. Sense of Congress on international quality infrastructure 
              investment standards.
Sec. 3113. United States support for infrastructure.
Sec. 3114. Infrastructure Transaction and Assistance Network.
Sec. 3115. Strategy for advanced and reliable energy infrastructure.
Sec. 3116. Report on the People's Republic of China's investments in 
              foreign energy development.

            Subtitle C--Digital Technology and Connectivity

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

    Subtitle D--Countering Chinese Communist Party Malign Influence

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

           TITLE II--INVESTING IN ALLIANCES AND PARTNERSHIPS

              Subtitle A--Strategic and Diplomatic Matters

Sec. 3201. Appropriate committees of Congress defined.
Sec. 3202. United States commitment and support for allies and partners 
              in the Indo-Pacific.
Sec. 3203. Sense of Congress on cooperation with the Quad.
Sec. 3204. Establishment of Quad Intra-Parliamentary Working Group.
Sec. 3205. Statement of policy on cooperation with ASEAN.
Sec. 3206. Sense of Congress on enhancing United States-ASEAN 
              cooperation on technology issues with respect to the 
              People's Republic of China.

[[Page S2650]]

Sec. 3207. Report on Chinese influence in international organizations.
Sec. 3208. Regulatory exchanges with allies and partners.
Sec. 3209. Technology partnership office at the Department of State.
Sec. 3210. United States representation in standards-setting bodies.
Sec. 3211. Sense of Congress on centrality of sanctions and other 
              restrictions to strategic competition with China.
Sec. 3212. Sense of Congress on negotiations with G7 and G20 countries.
Sec. 3213. Enhancing the United States-Taiwan partnership.
Sec. 3214. Taiwan Fellowship Program.
Sec. 3215. Treatment of Taiwan government.
Sec. 3216. Taiwan symbols of sovereignty.
Sec. 3217. Report on origins of the COVID-19 pandemic.
Sec. 3218. Enhancement of diplomatic support and economic engagement 
              with Pacific island countries.
Sec. 3219. Increasing Department of State personnel and resources 
              devoted to the Indo-Pacific.
Sec. 3219A. Advancing United States leadership in the United Nations 
              System.
Sec. 3219B. Asia Reassurance Initiative Act of 2018.
Sec. 3219C. Statement of policy on need for reciprocity in the 
              relationship between the United States and the People's 
              Republic of China.
Sec. 3219D. Opposition to provision of assistance to People's Republic 
              of China by Asian Development Bank.
Sec. 3219E. Opposition to provision of assistance to People's Republic 
              of China by International Bank for Reconstruction and 
              Development.
Sec. 3219F. United States policy on Chinese and Russian government 
              efforts to undermine the United Nations Security Council 
              action on human rights.
Sec. 3219G. Deterring PRC use of force against Taiwan.
Sec. 3219H. Strategy to respond to sharp power operations targeting 
              Taiwan.
Sec. 3219I. Study and report on bilateral efforts to address Chinese 
              fentanyl trafficking.
Sec. 3219J. Investment, trade, and development in Africa and Latin 
              America and the Caribbean.
Sec. 3219K. Facilitation of increased equity investments under the 
              Better Utilization of Investments Leading to Development 
              Act of 2018.

               Subtitle B--International Security Matters

Sec. 3221. Definitions.
Sec. 3222. Findings.
Sec. 3223. Sense of Congress regarding bolstering security partnerships 
              in the Indo-Pacific.
Sec. 3224. Statement of policy.
Sec. 3225. Foreign military financing in the Indo-Pacific and 
              authorization of appropriations for Southeast Asia 
              maritime security programs and diplomatic outreach 
              activities.
Sec. 3226. Foreign military financing compact pilot program in the 
              Indo-Pacific.
Sec. 3227. Additional funding for international military education and 
              training in the Indo-Pacific.
Sec. 3228. Prioritizing excess defense article transfers for the Indo-
              Pacific.
Sec. 3229. Prioritizing excess naval vessel transfers for the Indo-
              Pacific.
Sec. 3230. Statement of policy on maritime freedom of operations in 
              international waterways and airspace of the Indo-Pacific 
              and on artificial land features in the South China Sea.
Sec. 3231. Report on capability development of Indo-Pacific allies and 
              partners.
Sec. 3232. Report on national technology and industrial base.
Sec. 3233. Report on diplomatic outreach with respect to Chinese 
              military installations overseas.
Sec. 3234. Statement of policy regarding universal implementation of 
              United Nations sanctions on North Korea.
Sec. 3235. Limitation on assistance to countries hosting Chinese 
              military installations.

  Subtitle C--Regional Strategies to Counter the People's Republic of 
                                 China

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

                       PART I--Western Hemisphere

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

                    PART II--Transatlantic Alliance

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

                    PART III--South and Central Asia

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

                            PART IV--Africa

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

                  PART V--Middle East and North Africa

Sec. 3281. Strategy to counter Chinese influence in, and access to, the 
              Middle East and North Africa.
Sec. 3282. Sense of Congress on Middle East and North Africa 
              engagement.

                         PART VI--Arctic Region

Sec. 3285. Arctic diplomacy.

                           PART VII--Oceania

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

                   TITLE III--INVESTING IN OUR VALUES

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

             TITLE IV--INVESTING IN OUR ECONOMIC STATECRAFT

Sec. 3401. Findings and sense of Congress regarding the PRC's 
              industrial policy.
Sec. 3402. Intellectual property violators list.

[[Page S2651]]

Sec. 3403. Government of the People's Republic of China subsidies list.
Sec. 3404. Countering foreign corrupt practices.
Sec. 3405. Debt relief for countries eligible for assistance from the 
              International Development Association.
Sec. 3406. Report on manner and extent to which the Government of the 
              People's Republic of China exploits Hong Kong to 
              circumvent United States laws and protections.
Sec. 3407. Annual review on the presence of Chinese companies in United 
              States capital markets.
Sec. 3408. Economic defense response teams.

                  TITLE V--ENSURING STRATEGIC SECURITY

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

     SEC. 3002. FINDINGS.

       Congress makes the following findings:
       (1) The People's Republic of China (PRC) is leveraging its 
     political, diplomatic, economic, military, technological, and 
     ideological power to become a strategic, near-peer, global 
     competitor of the United States. The policies increasingly 
     pursued by the PRC in these domains are contrary to the 
     interests and values of the United States, its partners, and 
     much of the rest of the world.
       (2) The current policies being pursued by the PRC--
       (A) threaten the future character of the international 
     order and are shaping the rules, norms, and institutions that 
     govern relations among states;
       (B) will put at risk the ability of the United States to 
     secure its national interests; and
       (C) will put at risk the future peace, prosperity, and 
     freedom of the international community in the coming decades.
       (3) After normalizing diplomatic relations with the PRC in 
     1979, the United States actively worked to advance the PRC's 
     economic and social development to ensure that the PRC 
     participated in, and benefitted from, the free and open 
     international order. The United States pursued these goals 
     and contributed to the welfare of the Chinese people by--
       (A) increasing the PRC's trade relations and access to 
     global capital markets;
       (B) promoting the PRC's accession to the World Trade 
     Organization;
       (C) providing development finance and technical assistance;
       (D) promoting research collaboration;
       (E) educating the PRC's top students;
       (F) permitting transfers of cutting-edge technologies and 
     scientific knowledge; and
       (G) providing intelligence and military assistance.
       (4) It is now clear that the PRC has chosen to pursue 
     state-led, mercantilist economic policies, an increasingly 
     authoritarian governance model at home through increased 
     restrictions on personal freedoms, and an aggressive and 
     assertive foreign policy. These policies frequently and 
     deliberately undermine United States interests and are 
     contrary to core United States values and the values of other 
     nations, both in the Indo-Pacific and beyond. In response to 
     this strategic decision of the Chinese Communist Party (CCP), 
     the United States has been compelled to reexamine and revise 
     its strategy towards the PRC.
       (5) The General Secretary of the CCP and the President of 
     the PRC, Xi Jinping, has elevated the ``Great Rejuvenation of 
     the Chinese Nation'' as central to the domestic and foreign 
     policy of the PRC. His program demands--
       (A) strong, centralized CCP leadership;
       (B) concentration of military power;
       (C) a strong role for the CCP in the state and the economy;
       (D) an aggressive foreign policy seeking control over 
     broadly asserted territorial claims; and
       (E) the denial of any values and individual rights that are 
     deemed to threaten the CCP.
       (6) The PRC views its Leninist model of governance, 
     ``socialism with Chinese characteristics'', as superior to, 
     and at odds with, the constitutional models of the United 
     States and other democracies. This approach to governance is 
     lauded by the CCP as essential to securing the PRC's status 
     as a global leader, and to shaping the future of the world. 
     In a 2013 speech, President Xi said, ``We firmly believe that 
     as socialism with Chinese characteristics develops further . 
     . . it is . . . inevitable that the superiority of our 
     socialist system will be increasingly apparent . . . [and] 
     our country's road of development will have increasingly 
     greater influence on the world.''.
       (7) The PRC's objectives are to first establish regional 
     hegemony over the Indo-Pacific and then to use that dominant 
     position to propel the PRC to become the ``leading world 
     power,'' shaping an international order that is conducive to 
     the CCP's interests. Achieving these objectives require 
     turning the PRC into a wealthy nation under strict CCP rule 
     and using a strong military and advanced technological 
     capability to pursue the PRC's objectives, regardless of 
     other countries' interests.
       (8) The PRC is reshaping the current international order, 
     which is built upon the rule of law and free and open ideals 
     and principles, by conducting global information and 
     influence operations, seeking to redefine international laws 
     and norms to align with the objectives of the CCP, rejecting 
     the legitimacy of internationally recognized human rights, 
     and seeking to co-opt the leadership and agenda of 
     multinational organizations for the benefit of the PRC and 
     other authoritarian regimes at the expense of the interests 
     of the United States and the international community. In 
     December 2018, President Xi suggested that the CCP views its 
     ``historic mission'' as not only to govern China, but also to 
     profoundly influence global governance to benefit the CCP.
       (9) The PRC is encouraging other countries to follow its 
     model of ``socialism with Chinese characteristics''. During 
     the 19th Party Congress in 2017, President Xi said that the 
     PRC could serve as a model of development for other countries 
     by utilizing ``Chinese wisdom'' and a ``Chinese approach to 
     solving problems''.
       (10) The PRC is promoting its governance model and 
     attempting to weaken other models of governance by--
       (A) undermining democratic institutions;
       (B) subverting financial institutions;
       (C) coercing businesses to accommodate the policies of the 
     PRC; and
       (D) using disinformation to disguise the nature of the 
     actions described in subparagraphs (A) through (C).
       (11) The PRC is close to its goal of becoming the global 
     leader in science and technology. In May 2018, President Xi 
     said that for the PRC to reach ``prosperity and 
     rejuvenation'', it needs to ``endeavor to be a major world 
     center for science and innovation''. The PRC has invested the 
     equivalent of billions of dollars into education and research 
     and development, and has established joint scientific 
     research centers and science universities.
       (12) The PRC's drive to become a ``manufacturing and 
     technological superpower'' and to promote ``innovation with 
     Chinese characteristics'' is coming at the expense of human 
     rights and longstanding international rules and norms with 
     respect to economic competition, and presents a challenge to 
     United States national security and the security of allies 
     and like-minded countries. In particular, the PRC advances 
     its illiberal political and social policies through mass 
     surveillance, social credit systems, and a significant role 
     of the state in internet governance. Through these means, the 
     PRC increases direct and indirect government control over its 
     citizens' everyday lives. Its national strategy of 
     ``Military-Civil Fusion'' mandates that civil and commercial 
     research, which increasingly drives global innovation, is 
     leveraged to develop new military capabilities.
       (13) The PRC and the CCP are committing crimes against 
     humanity and are engaged in an ongoing genocide, in violation 
     of the Convention on the Prevention and Punishment of the 
     Crime of Genocide, done at Paris December 9, 1948, against 
     the predominantly Muslim Uyghurs and other ethnic and 
     religious minority groups in the Xinjiang Uyghur Autonomous 
     Region, including through campaigns of imprisonment, torture, 
     rape, and coercive birth prevention policies.
       (14) The PRC is using legal and illegal means to achieve 
     its objective of becoming a manufacturing and technological 
     superpower. The PRC uses state-directed industrial policies 
     in anticompetitive ways to ensure the dominance of PRC 
     companies. The CCP engages in and encourages actions that 
     actively undermine a free and open international market, such 
     as intellectual property theft, forced technology transfers, 
     regulatory and financial subsidies, and mandatory CCP access 
     to proprietary data as part of business and commercial 
     agreements between Chinese and foreign companies.
       (15) The policies referred to in paragraph (14) are 
     designed to freeze United States and other foreign firms out 
     of the PRC market, while eroding competition in other 
     important markets. The heavy subsidization of Chinese 
     companies includes potential violation of its World Trade 
     Organization commitments. In May 2018, President Xi said that 
     the PRC aims to keep the ``initiatives of innovation and 
     development security . . . in [China's] own hands''.
       (16) The PRC is advancing its global objectives through a 
     variety of avenues, including its signature initiative, the 
     Belt and Road Initiative (BRI), which is enshrined in the 
     Chinese Constitution and includes the Digital Silk Road and 
     Health Silk Road. The PRC describes BRI as a straightforward 
     and wholly beneficial plan for all countries. However, it 
     eventually seeks to advance an economic system with the PRC 
     at its center, making it the most concrete geographical 
     representation of the PRC's global ambitions. BRI increases 
     the economic influence of state-owned Chinese firms in global 
     markets, enhances the PRC's political leverage with 
     government leaders around the world, and provides greater 
     access to strategic nodes such as ports and railways. Through 
     BRI, the PRC seeks political deference through economic 
     dependence.
       (17) The PRC is executing a plan to establish regional 
     hegemony over the Indo-Pacific and displace the United States 
     from the region. As a Pacific power, the United States

[[Page S2652]]

     has built and supported enduring alliances and economic 
     partnerships that secure peace and prosperity and promote the 
     rule of law and political pluralism in a free and open Indo-
     Pacific. In contrast, the PRC uses economic and military 
     coercion in the region to secure its own interests.
       (18) The PRC's military strategy seeks to keep the United 
     States military from operating in the Western Pacific and to 
     erode United States security guarantees.
       (19) The PRC is aggressively pursuing exclusive control of 
     critical land routes, sea lanes, and air space in the Indo-
     Pacific in the hopes of eventually exercising greater 
     influence beyond the region. This includes lanes crucial to 
     commercial activity, energy exploration, transport, and the 
     exercise of security operations in areas permitted under 
     international law.
       (20) The PRC seeks so-called ``reunification'' with Taiwan 
     through whatever means may ultimately be required. The CCP's 
     insistence that so-called ``reunification'' is Taiwan's only 
     option makes this goal inherently coercive. In January 2019, 
     President Xi stated that the PRC ``make[s] no promise to 
     renounce the use of force and reserve[s] the option of taking 
     all necessary means''. Taiwan's embodiment of democratic 
     values and economic liberalism challenges President Xi's goal 
     of achieving national rejuvenation. The PRC plans to exploit 
     Taiwan's dominant strategic position in the First Island 
     Chain and to project power into the Second Island Chain and 
     beyond.
       (21) In the South China Sea, the PRC has executed an 
     illegal island-building campaign that threatens freedom of 
     navigation and the free-flow of commerce, damages the 
     environment, bolsters PLA power projection capabilities, and 
     coerces and intimidates other regional claimants in an effort 
     to advance its unlawful claims and control the waters around 
     neighboring countries. Despite President Xi's September 2015 
     speech, in which he said the PRC did not intend to militarize 
     the South China Sea, during the 2017 19th Party Congress, 
     President Xi announced that ``construction on islands and 
     reefs in the South China Sea have seen steady progress''.
       (22) The PRC is rapidly modernizing the PLA to attain a 
     level of capacity and capability superior to the United 
     States in terms of equipment and conduct of modern military 
     operations by shifting its military doctrine from having a 
     force ``adequate [for] China's defensive needs'' to having a 
     force ``commensurate with China's international status''. 
     Ultimately, this transformation could enable China to impose 
     its will in the Indo-Pacific region through the threat of 
     military force. In 2017, President Xi established the 
     following developmental benchmarks for the advancement of the 
     PLA:
       (A) A mechanized force with increased informatized and 
     strategic capabilities by 2020.
       (B) The complete modernization of China's national defense 
     by 2035.
       (C) The full transformation of the PLA into a world-class 
     force by 2050.
       (23) The PRC's strategy and supporting policies described 
     in this section undermine United States interests, such as--
       (A) upholding a free and open international order;
       (B) maintaining the integrity of international institutions 
     with liberal norms and values;
       (C) preserving a favorable balance of power in the Indo-
     Pacific;
       (D) ensuring the defense of its allies;
       (E) preserving open sea and air lanes;
       (F) fostering the free flow of commerce through open and 
     transparent markets; and
       (G) promoting individual freedom and human rights.
       (24) The global COVID-19 pandemic has intensified and 
     accelerated these trends in the PRC's behavior and therefore 
     increased the need for United States global leadership and a 
     competitive posture. The PRC has capitalized on the world's 
     focus on the COVID-19 pandemic by--
       (A) moving rapidly to undermine Hong Kong's autonomy, 
     including imposing a so-called ``national security law'' on 
     Hong Kong;
       (B) aggressively imposing its will in the East and South 
     China Seas;
       (C) contributing to increased tensions with India; and
       (D) engaging in a widespread and government-directed 
     disinformation campaign to obscure the PRC government's 
     efforts to cover up the seriousness of COVID-19, sow 
     confusion about the origination of the outbreak, and 
     discredit the United States, its allies, and global health 
     efforts.
       (25) The CCP's disinformation campaign referred to in 
     paragraph (24)(D) has included--
       (A) concerted efforts, in the early days of the pandemic, 
     to downplay the nature and scope of the outbreak in Wuhan in 
     the PRC, as well as cases of person-to-person transmission;
       (B) claims that the virus originated in United States 
     biological defense research at Fort Detrick, Maryland;
       (C) Chinese state media reports insinuating a possible link 
     between the virus and other United States biological 
     facilities; and
       (D) efforts to block access to qualified international 
     infectious disease experts who might contradict the CCP's 
     narrative.
       (26) In response to the PRC's strategy and policies, the 
     United States must adopt a policy of strategic competition 
     with the PRC to protect and promote our vital interests and 
     values.
       (27) The United States' policy of strategic competition 
     with respect to the PRC is part of a broader strategic 
     approach to the Indo-Pacific and the world which centers 
     around cooperation with United States allies and partners to 
     advance shared values and interests and to preserve and 
     enhance a free, open, democratic, inclusive, rules-based, 
     stable, and diverse region.
       (28) The Asia Reassurance Initiative Act of 2018 (Public 
     Law 115-409) contributed to a comprehensive framework for 
     promoting United State security interests, economic 
     interests, and values in the Indo-Pacific region, investing 
     $7,500,000,000 over 5 years--
       (A) to support greater security and defense cooperation 
     between the United States and allies and partners in the 
     Indo-Pacific region;
       (B) to advance democracy and the protection and promotion 
     of human rights in the Indo-Pacific region;
       (C) to enhance cybersecurity cooperation between the United 
     States and partners in the Indo-Pacific;
       (D) to deepen people-to-people engagement through programs 
     such as the Young Southeast Asian Leaders Initiative and the 
     ASEAN Youth Volunteers program; and
       (E) to enhance energy cooperation and energy security in 
     the Indo-Pacific region.

     SEC. 3003. DEFINITIONS.

       In this division:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Foreign Relations of the Senate; and
       (B) the Committee on Foreign Affairs of the House of 
     Representatives.
       (2) CCP.--The term ``CCP'' means the Chinese Communist 
     Party.
       (3) Indo-pacific region.--The terms ``Indo-Pacific'' and 
     ``Indo-Pacific region'' mean the 37 countries and the 
     surrounding waterways that are under the area of 
     responsibility of the U.S. Indo-Pacific Command. These 
     countries are: Australia, Bangladesh, Bhutan, Brunei, Burma, 
     Cambodia, China, Fiji, India, Indonesia, Japan, Kiribati, 
     Laos, Malaysia, Maldives, Marshall Islands, Micronesia, 
     Mongolia, Nauru, Nepal, New Zealand, North Korea, Palau, 
     Papua New Guinea, Philippines, Republic of Korea, Samoa, 
     Singapore, Solomon Islands, Sri Lanka, Taiwan, Thailand, 
     Timor-Leste, Tonga, Tuvalu, Vanuatu, and Vietnam.
       (4) People's liberation army; pla.--The terms ``People's 
     Liberation Army'' and ``PLA'' mean the armed forces of the 
     People's Republic of China.
       (5) PRC; china.--The terms ``PRC'' and ``China'' mean the 
     People's Republic of China.

     SEC. 3004. STATEMENT OF POLICY.

       (a) Objectives.--It is the policy of the United States, in 
     pursuing strategic competition with the PRC, to pursue the 
     following objectives:
       (1) The United States global leadership role is sustained 
     and its political system and major foundations of national 
     power are postured for long-term political, economic, 
     technological, and military competition with the PRC.
       (2) The balance of power in the Indo-Pacific remains 
     favorable to the United States and its allies. The United 
     States and its allies maintain unfettered access to the 
     region, including through freedom of navigation and the free 
     flow of commerce, consistent with international law and 
     practice, and the PRC neither dominates the region nor 
     coerces its neighbors.
       (3) The allies and partners of the United States--
       (A) maintain confidence in United States leadership and its 
     commitment to the Indo-Pacific region;
       (B) can withstand and combat subversion and undue influence 
     by the PRC; and
       (C) align themselves with the United States in setting 
     global rules, norms, and standards that benefit the 
     international community.
       (4) The combined weight of the United States and its allies 
     and partners is strong enough to demonstrate to the PRC that 
     the risks of attempts to dominate other states outweigh the 
     potential benefits.
       (5) The United States leads the free and open international 
     order, which is comprised of resilient states and 
     institutions that uphold and defend principles, such as 
     sovereignty, rule of law, individual freedom, and human 
     rights. The international order is strengthened to defeat 
     attempts at destabilization by illiberal and authoritarian 
     actors.
       (6) The key rules, norms, and standards of international 
     engagement in the 21st century are maintained, including--
       (A) the protection of human rights, commercial engagement 
     and investment, and technology; and
       (B) that such rules, norms, and standards are in alignment 
     with the values and interests of the United States, its 
     allies and partners, and the free world.
       (7) The United States assures that the CCP does not--
       (A) subvert open and democratic societies;
       (B) distort global markets;
       (C) manipulate the international trade system;
       (D) coerce other nations via economic and military means; 
     or
       (E) use its technological advantages to undermine 
     individual freedoms or other states' national security 
     interests.

[[Page S2653]]

       (8) The United States deters military confrontation with 
     the PRC and both nations work to reduce the risk of conflict.
       (b) Policy.--It is the policy of the United States, in 
     pursuit of the objectives set forth in subsection (a)--
       (1) to strengthen the United States domestic foundation by 
     reinvesting in market-based economic growth, education, 
     scientific and technological innovation, democratic 
     institutions, and other areas that improve the ability of the 
     United States to pursue its vital economic, foreign policy, 
     and national security interests;
       (2) to pursue a strategy of strategic competition with the 
     PRC in the political, diplomatic, economic, development, 
     military, informational, and technological realms that 
     maximizes the United States' strengths and increases the 
     costs for the PRC of harming United States interests and the 
     values of United States allies and partners;
       (3) to lead a free, open, and secure international system 
     characterized by freedom from coercion, rule of law, open 
     markets and the free flow of commerce, and a shared 
     commitment to security and peaceful resolution of disputes, 
     human rights, and good and transparent governance;
       (4) to strengthen and deepen United States alliances and 
     partnerships, prioritizing the Indo-Pacific and Europe, by 
     pursuing greater bilateral and multilateral cooperative 
     initiatives that advance shared interests and values and 
     bolster partner countries' confidence that the United States 
     is and will remain a strong, committed, and constant partner;
       (5) to encourage and collaborate with United States allies 
     and partners in boosting their own capabilities and 
     resiliency to pursue, defend, and protect shared interests 
     and values, free from coercion and external pressure;
       (6) to pursue fair, reciprocal treatment and healthy 
     competition in United States-China economic relations by--
       (A) advancing policies that harden the United States 
     economy against unfair and illegal commercial or trading 
     practices and the coercion of United States businesses; and
       (B) tightening United States laws and regulations as 
     necessary to prevent the PRC's attempts to harm United States 
     economic competitiveness;
       (7) to demonstrate the value of private sector-led growth 
     in emerging markets around the world, including through the 
     use of United States Government tools that--
       (A) support greater private sector investment and advance 
     capacity-building initiatives that are grounded in the rule 
     of law;
       (B) promote open markets;
       (C) establish clear policy and regulatory frameworks;
       (D) improve the management of key economic sectors;
       (E) combat corruption; and
       (F) foster and support greater collaboration with and among 
     partner countries and the United States private sector to 
     develop secure and sustainable infrastructure;
       (8) to lead in the advancement of international rules and 
     norms that foster free and reciprocal trade and open and 
     integrated markets;
       (9) to conduct vigorous commercial diplomacy in support of 
     United States companies and businesses in partner countries 
     that seek fair competition;
       (10) to ensure that the United States leads in the 
     innovation of critical and emerging technologies, such as 
     next-generation telecommunications, artificial intelligence, 
     quantum computing, semiconductors, and biotechnology, by--
       (A) providing necessary investment and concrete incentives 
     for the private sector to accelerate development of such 
     technologies;
       (B) modernizing export controls and investment screening 
     regimes and associated policies and regulations;
       (C) enhancing United States leadership in technical 
     standards-setting bodies and avenues for developing norms 
     regarding the use of emerging critical technologies;
       (D) reducing United States barriers and increasing 
     incentives for collaboration with allies and partners on the 
     research and co-development of critical technologies;
       (E) collaborating with allies and partners to protect 
     critical technologies by--
       (i) crafting multilateral export control measures;
       (ii) building capacity for defense technology security;
       (iii) safeguarding chokepoints in supply chains; and
       (iv) ensuring diversification; and
       (F) designing major defense capabilities for export to 
     allies and partners;
       (11) to enable the people of the United States, including 
     the private sector, civil society, universities and other 
     academic institutions, State and local legislators, and other 
     relevant actors to identify and remain vigilant to the risks 
     posed by undue influence of the CCP in the United States;
       (12) to implement measures to mitigate the risks referred 
     to in paragraph (11), while still preserving opportunities 
     for economic engagement, academic research, and cooperation 
     in other areas where the United States and the PRC share 
     interests;
       (13) to collaborate with advanced democracies and other 
     willing partners to promote ideals and principles that--
       (A) advance a free and open international order;
       (B) strengthen democratic institutions;
       (C) protect and promote human rights; and
       (D) uphold a free press and fact-based reporting;
       (14) to develop comprehensive and holistic strategies and 
     policies to counter PRC disinformation campaigns;
       (15) to demonstrate effective leadership at the United 
     Nations, its associated agencies, and other multilateral 
     organizations and defend the integrity of these organizations 
     against co-optation by illiberal and authoritarian nations;
       (16) to prioritize the defense of fundamental freedoms and 
     human rights in the United States relationship with the PRC;
       (17) to cooperate with allies, partners, and multilateral 
     organizations, leveraging their significant and growing 
     capabilities to build a network of like-minded states that 
     sustains and strengthens a free and open order and addresses 
     regional and global challenges to hold the Government of the 
     PRC accountable for--
       (A) violations and abuses of human rights;
       (B) restrictions on religious practices; and
       (C) undermining and abrogating treaties, other 
     international agreements, and other international norms 
     related to human rights;
       (18) to expose the PRC's use of corruption, repression, 
     coercion, and other malign behavior to attain unfair economic 
     advantages and to pressure other nations to defer to its 
     political and strategic objectives;
       (19) to maintain United States access to the Western 
     Pacific, including by--
       (A) increasing United States forward-deployed forces in the 
     Indo-Pacific region;
       (B) modernizing the United States military through 
     investments in existing and new platforms, emerging 
     technologies, critical in-theater force structure and 
     enabling capabilities, joint operational concepts, and a 
     diverse, operationally resilient and politically sustainable 
     posture; and
       (C) operating and conducting exercises with allies and 
     partners--
       (i) to mitigate the PLA's ability to project power and 
     establish contested zones within the First and Second Island 
     Chains;
       (ii) to diminish the ability of the PLA to coerce its 
     neighbors;
       (iii) to maintain open sea and air lanes, particularly in 
     the Taiwan Strait, the East China Sea, and the South China 
     Sea; and
       (iv) to project power from the United States and its allies 
     and partners to demonstrate the ability to conduct contested 
     logistics;
       (20) to deter the PRC from--
       (A) coercing Indo-Pacific nations, including by developing 
     more combat-credible forces that are integrated with allies 
     and partners in contact, blunt, and surge layers and able to 
     defeat any PRC theory of victory in the First or Second 
     Island Chains of the Western Pacific and beyond, as called 
     for in the 2018 National Defense Strategy;
       (B) using grey-zone tactics below the level of armed 
     conflict; or
       (C) initiating armed conflict;
       (21) to strengthen United States-PRC military-to-military 
     communication and improve de-escalation procedures to de-
     conflict operations and reduce the risk of unwanted conflict, 
     including through high-level visits and recurrent exchanges 
     between civilian and military officials and other measures, 
     in alignment with United States interests; and
       (22) to cooperate with the PRC if interests align, 
     including through bilateral or multilateral means and at the 
     United Nations, as appropriate.

     SEC. 3005. SENSE OF CONGRESS.

       It is the sense of Congress that the execution of the 
     policy described in section 3004(b) requires the following 
     actions:
       (1) Strategic competition with the PRC will require the 
     United States--
       (A) to marshal sustained political will to protect its 
     vital interests, promote its values, and advance its economic 
     and national security objectives for decades to come; and
       (B) to achieve this sustained political will, persuade the 
     American people and United States allies and partners of--
       (i) the challenges posed by the PRC; and
       (ii) the need for long-term competition to defend shared 
     interests and values.
       (2) The United States must coordinate closely with allies 
     and partners to compete effectively with the PRC, including 
     to encourage allies and partners to assume, as appropriate, 
     greater roles in balancing and checking the aggressive and 
     assertive behavior of the PRC.
       (3) The President of the United States must lead and direct 
     the entire executive branch to treat the People's Republic of 
     China as the greatest geopolitical and geoeconomic challenge 
     for United States foreign policy, increasing the 
     prioritization of strategic competition with the PRC and 
     broader United States interests in the Indo-Pacific region in 
     the conduct of foreign policy and assuring the allocation of 
     appropriate resources adequate to the challenge.
       (4) The head of every Federal department and agency should 
     designate a senior official at the level of Under Secretary 
     or above to coordinate the department's or agency's policies 
     with respect to strategic competition with the PRC.
       (5) The ability of the United States to execute a strategy 
     of strategic competition with the PRC will be undermined if 
     our attention is repeatedly diverted to challenges that are 
     not vital to United States economic and national security 
     interests.
       (6) In the coming decades, the United States must prevent 
     the PRC from--
       (A) establishing regional hegemony in the Indo-Pacific; and

[[Page S2654]]

       (B) using that position to advance its assertive political, 
     economic, and foreign policy goals around the world.
       (7) The United States must ensure that the Federal budget 
     is properly aligned with the strategic imperative to compete 
     with the PRC by--
       (A) ensuring sufficient levels of funding to resource all 
     instruments of United States national power; and
       (B) coherently prioritizing how such funds are used.
       (8) Sustained prioritization of the challenge posed by the 
     PRC requires--
       (A) bipartisan cooperation within Congress; and
       (B) frequent, sustained, and meaningful collaboration and 
     consultation between the executive branch and Congress.
       (9) The United States must ensure close integration among 
     economic and foreign policymakers, the private sector, civil 
     society, universities and academic institutions, and other 
     relevant actors in free and open societies affected by the 
     challenges posed by the PRC to enable such actors--
       (A) to collaborate to advance common interests; and
       (B) to identify appropriate policies--
       (i) to strengthen the United States and its allies;
       (ii) to promote a compelling vision of a free and open 
     order; and
       (iii) to push back against detrimental policies pursued by 
     the CCP.
       (10) The United States must ensure that all Federal 
     departments and agencies are organized to reflect the fact 
     that strategic competition with the PRC is the United States' 
     greatest geopolitical and geoeconomic challenge, including 
     through the assigned missions and location of United States 
     Government personnel, by--
       (A) dedicating more personnel in the Indo-Pacific region, 
     at posts around the world, and in Washington DC, with 
     priorities directly relevant to advancing competition with 
     the People's Republic of China;
       (B) placing greater numbers of foreign service officers, 
     international development professionals, members of the 
     foreign commercial service, intelligence professionals, and 
     other United States Government personnel in the Indo-Pacific 
     region; and
       (C) ensuring that this workforce, both civilian and 
     military, has the training in language, technical skills, and 
     other competencies required to advance a successful 
     competitive strategy with the PRC.
       (11) The United States must place renewed emphasis on 
     strengthening the nonmilitary instruments of national power, 
     including diplomacy, information, technology, economics, 
     foreign assistance and development finance, commerce, 
     intelligence, and law enforcement, which are crucial for 
     addressing the unique economic, political, and ideological 
     challenges posed by the PRC.
       (12) The United States must sustain resourcing for a 
     Pacific Deterrence Initiative, which shall be aligned with 
     the overarching political and diplomatic objectives 
     articulated in the Asia Reassurance Initiative Act (Public 
     Law 115-409), and must prioritize the military investments 
     necessary to achieve United States political objectives in 
     the Indo-Pacific, including--
       (A) promoting regional security in the Indo-Pacific;
       (B) reassuring allies and partners while protecting them 
     from coercion; and
       (C) deterring conflict with the PRC.
       (13) Competition with the PRC requires the United States' 
     skillful adaptation to the information environment of the 
     21st century. United States public diplomacy and messaging 
     efforts must effectively--
       (A) promote the value of partnership with the United 
     States;
       (B) highlight the risks and costs of enmeshment with the 
     PRC; and
       (C) counter CCP propaganda and disinformation.

     SEC. 3006. RULES OF CONSTRUCTION.

       (a) Applicability of Existing Restrictions on Assistance to 
     Foreign Security Forces.--Nothing in this division shall be 
     construed to diminish, supplant, supersede, or otherwise 
     restrict or prevent responsibilities of the United States 
     Government under section 620M of the Foreign Assistance Act 
     of 1961 (22 U.S.C. 2378d) or section 362 of title 10, United 
     States Code.
       (b) No Authorization for the Use of Military Force.--
     Nothing in this division may be construed as authorizing the 
     use of military force.

               TITLE I--INVESTING IN A COMPETITIVE FUTURE

                   Subtitle A--Science and Technology

     SEC. 3101. AUTHORIZATION TO ASSIST UNITED STATES COMPANIES 
                   WITH GLOBAL SUPPLY CHAIN DIVERSIFICATION AND 
                   MANAGEMENT.

       (a) Authorization to Contract Services.--The Secretary of 
     State, in coordination with the Secretary of Commerce, is 
     authorized to establish a program to facilitate the 
     contracting by the Department of State for the professional 
     services of qualified experts, on a reimbursable fee for 
     service basis, to assist interested United States persons and 
     business entities with supply chain management issues related 
     to the PRC, including--
       (1) exiting from the PRC market or relocating certain 
     production facilities to locations outside the PRC;
       (2) diversifying sources of inputs, and other efforts to 
     diversify supply chains to locations outside of the PRC;
       (3) navigating legal, regulatory, or other challenges in 
     the course of the activities described in paragraphs (1) and 
     (2); and
       (4) identifying alternative markets for production or 
     sourcing outside of the PRC, including through providing 
     market intelligence, facilitating contact with reliable local 
     partners as appropriate, and other services.
       (b) Chief of Mission Oversight.--The persons hired to 
     perform the services described in subsection (a) shall--
       (1) be under the authority of the United States Chief of 
     Mission in the country in which they are hired, in accordance 
     with existing United States laws;
       (2) coordinate with Department of State and Department of 
     Commerce officers; and
       (3) coordinate with United States missions and relevant 
     local partners in other countries as needed to carry out the 
     services described in subsection (a).
       (c) Prioritization of Micro-, Small-, and Medium-sized 
     Enterprises.--The services described in subsection (a) shall 
     be prioritized for assisting micro-, small-, and medium-sized 
     enterprises with regard to the matters described in 
     subsection (a).
       (d) Authorization of Appropriations.--There is authorized 
     to be appropriated $15,000,000 for each of fiscal years 2022 
     through 2026 for the purposes of carrying out this section.
       (e) Prohibition on Access to Assistance by Foreign 
     Adversaries.--None of the funds appropriated pursuant to this 
     section may be provided to an entity--
       (1) under the foreign ownership, control, or influence of 
     the Government of the People's Republic of China or the 
     Chinese Communist Party, or other foreign adversary;
       (2) determined to have beneficial ownership from foreign 
     individuals subject to the jurisdiction, direction, or 
     influence of foreign adversaries; and
       (3) that has any contract in effect at the time of the 
     receipt of such funds, or has had a contract within the 
     previous one year that is no longer in effect, with--
       (A) the Government of the People's Republic of China;
       (B) the Chinese Communist Party;
       (C) the Chinese military;
       (D) an entity majority-owned, majority-controlled, or 
     majority-financed by the Government of the People's Republic 
     of China, the CCP, or the Chinese military; or
       (E) a parent, subsidiary, or affiliate of an entity 
     described in subparagraph (D).
       (f) Definitions.--The terms ``foreign ownership, control, 
     or influence'' and ``FOCI'' have the meanings given those 
     terms in the National Industrial Security Program Operating 
     Manual (DOD 5220.22-M), or a successor document.

        Subtitle B--Global Infrastructure and Energy Development

     SEC. 3111. APPROPRIATE COMMITTEES OF CONGRESS DEFINED.

       In this subtitle, the term ``appropriate committees of 
     Congress'' means--
       (1) the Committee on Foreign Relations and the Committee on 
     Appropriations of the Senate; and
       (2) the Committee on Foreign Affairs and the Committee on 
     Appropriations of the House of Representatives.

     SEC. 3112. SENSE OF CONGRESS ON INTERNATIONAL QUALITY 
                   INFRASTRUCTURE INVESTMENT STANDARDS.

       (a) Sense of Congress.--It is the sense of Congress that 
     the United States should initiate collaboration among 
     governments, the private sector, and civil society to 
     encourage the adoption of the standards for quality global 
     infrastructure development advanced by the G20 at Osaka in 
     2018, including with respect to the following issues:
       (1) Respect for the sovereignty of countries in which 
     infrastructure investments are made.
       (2) Anti-corruption.
       (3) Rule of law.
       (4) Human rights and labor rights.
       (5) Fiscal and debt sustainability.
       (6) Social and governance safeguards.
       (7) Transparency.
       (8) Environmental and energy standards.
       (b) Sense of Congress.--It is the sense of Congress that 
     the United States should launch a series of fora around the 
     world showcasing the commitment of the United States and 
     partners of the United States to high-quality development 
     cooperation, including with respect to the issues described 
     in subsection (a).

     SEC. 3113. UNITED STATES SUPPORT FOR INFRASTRUCTURE.

       (a) Findings.--The Global Infrastructure Coordinating 
     Committee (GICC) was established to coordinate the efforts of 
     the Department of State, the Department of Commerce, the 
     Department of the Treasury, the Department of Energy, the 
     Department of Transportation, the United States Agency for 
     International Development, the United States Trade and 
     Development Agency, the Development Finance Corporation, the 
     Export-Import Bank of the United States, and other agencies 
     to catalyze private sector investments around the world and 
     to coordinate the deployment of United States Government 
     technical assistance and development finance tools, including 
     project preparation services and commercial advocacy.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) the world's infrastructure needs, including in the 
     transport, energy, and digital sectors, are vast and growing;

[[Page S2655]]

       (2) total or partial ownership or acquisition of, or a 
     significant financial stake or physical presence in, certain 
     types of infrastructure, including ports, energy grids, 5G 
     telecommunications networks, and undersea cables, can provide 
     an advantage to countries that do not share the interests and 
     values of the United States and its allies and partners, and 
     could therefore be deleterious to the interests and values of 
     the United States and its allies and partners;
       (3) the United States must continue to prioritize support 
     for infrastructure projects that are physically secure, 
     financially viable, economically sustainable, and socially 
     responsible;
       (4) achieving the objective outlined in paragraph (3) 
     requires the coordination of all United States Government 
     economic tools across the interagency, so that such tools are 
     deployed in a way to maximize United States interests and 
     that of its allies and partners;
       (5) the GICC represents an important and concrete step 
     towards better communication and coordination across the 
     United States Government of economic tools relevant to 
     supporting infrastructure that is physically secure, 
     financially viable, economically sustainable, and socially 
     responsible, and should be continued; and
       (6) the executive branch and Congress should have 
     consistent consultations on United States support for 
     strategic infrastructure projects, including how Congress can 
     support such initiatives in the future.
       (c) Reporting Requirement.--Not later than 180 days after 
     the date of the enactment of this Act, and semi-annually 
     thereafter for 5 years, the Secretary of State, in 
     coordination with other Federal agencies that participate in 
     the GICC, and, as appropriate, the Director of National 
     Intelligence, shall submit to the appropriate committees of 
     Congress a report that identifies--
       (1) current, pending, and future infrastructure projects, 
     particularly in the transport, energy, and digital sectors, 
     that the United States is supporting or will support through 
     financing, foreign assistance, technical assistance, or other 
     means;
       (2) a detailed explanation of the United States and partner 
     country interests served by the United States providing 
     support to such projects; and
       (3) a detailed description of any support provided by other 
     United States allies and partners to such projects.
       (d) Form of Report.--The report required by subsection (a) 
     shall be submitted in unclassified form but may include a 
     classified annex.

     SEC. 3114. INFRASTRUCTURE TRANSACTION AND ASSISTANCE NETWORK.

       (a) Authority.--The Secretary of State is authorized to 
     establish an initiative, to be known as the ``Infrastructure 
     Transaction and Assistance Network'', under which the 
     Secretary of State, in consultation with other relevant 
     Federal agencies, including those represented on the Global 
     Infrastructure Coordinating Committee, may carry out various 
     programs to advance the development of sustainable, 
     transparent, and high-quality infrastructure in the Indo-
     Pacific region by--
       (1) strengthening capacity-building programs to improve 
     project evaluation processes, regulatory and procurement 
     environments, and project preparation capacity of countries 
     that are partners of the United States in such development;
       (2) providing transaction advisory services and project 
     preparation assistance to support sustainable infrastructure; 
     and
       (3) coordinating the provision of United States assistance 
     for the development of infrastructure, including 
     infrastructure that utilizes United States-manufactured goods 
     and services, and catalyzing investment led by the private 
     sector.
       (b) Transaction Advisory Fund.--As part of the 
     ``Infrastructure Transaction and Assistance Network'' 
     described under subsection (a), the Secretary of State is 
     authorized to provide support, including through the 
     Transaction Advisory Fund, for advisory services to help 
     boost the capacity of partner countries to evaluate contracts 
     and assess the financial and environmental impacts of 
     potential infrastructure projects, including through 
     providing services such as--
       (1) legal services;
       (2) project preparation and feasibility studies;
       (3) debt sustainability analyses;
       (4) bid or proposal evaluation; and
       (5) other services relevant to advancing the development of 
     sustainable, transparent, and high-quality infrastructure.
       (c) Strategic Infrastructure Fund.----
       (1) In general.--As part of the ``Infrastructure 
     Transaction and Assistance Network'' described under 
     subsection (a), the Secretary of State is authorized to 
     provide support, including through the Strategic 
     Infrastructure Fund, for technical assistance, project 
     preparation, pipeline development, and other infrastructure 
     project support.
       (2) Joint infrastructure projects.--Funds authorized for 
     the Strategic Infrastructure Fund should be used in 
     coordination with the Department of Defense, the 
     International Development Finance Corporation, like-minded 
     donor partners, and multilateral banks, as appropriate, to 
     support joint infrastructure projects in the Indo-Pacific 
     region.
       (3) Strategic infrastructure projects.--Funds authorized 
     for the Strategic Infrastructure Fund should be used to 
     support strategic infrastructure projects that are in the 
     national security interest of the United States and 
     vulnerable to strategic competitors.
       (d) Authorization of Appropriations.--There is authorized 
     to be appropriated, for each of fiscal years 2022 to 2026, 
     $75,000,000 to the Infrastructure Transaction and Assistance 
     Network, of which $20,000,000 is to be provided for the 
     Transaction Advisory Fund.

     SEC. 3115. STRATEGY FOR ADVANCED AND RELIABLE ENERGY 
                   INFRASTRUCTURE.

       (a) In General.--The President shall direct a 
     comprehensive, multi-year, whole of government effort, in 
     consultation with the private sector, to counter predatory 
     lending and financing by the Government of the People's 
     Republic of China, including support to companies 
     incorporated in the PRC that engage in such activities, in 
     the energy sectors of developing countries.
       (b) Policy.--It is the policy of the United States to--
       (1) regularly evaluate current and forecasted energy needs 
     and capacities of developing countries, and analyze the 
     presence and involvement of PRC state-owned industries and 
     other companies incorporated in the PRC, Chinese nationals 
     providing labor, and financing of energy projects, including 
     direct financing by the PRC government, PRC financial 
     institutions, or direct state support to state-owned 
     enterprises and other companies incorporated in the PRC;
       (2) pursue strategic support and investment opportunities, 
     and diplomatic engagement on power sector reforms, to expand 
     the development and deployment of advanced energy 
     technologies in developing countries;
       (3) offer financing, loan guarantees, grants, and other 
     financial products on terms that advance domestic economic 
     and local employment opportunities, utilize advanced energy 
     technologies, encourage private sector growth, and, when 
     appropriate United States equity and sovereign lending 
     products as alternatives to the predatory lending tools 
     offered by Chinese financial institutions;
       (4) pursue partnerships with likeminded international 
     financial and multilateral institutions to leverage 
     investment in advanced energy technologies in developing 
     countries; and
       (5) pursue bilateral partnerships focused on the 
     cooperative development of advanced energy technologies with 
     countries of strategic significance, particularly in the 
     Indo-Pacific region, to address the effects of energy 
     engagement by the PRC through predatory lending or other 
     actions that negatively impact other countries.
       (c) Advanced Energy Technologies Exports.--Not later than 
     180 days after the date of the enactment of this Act, and 
     annually thereafter for 5 years, the Secretary of State, in 
     consultation with the Secretary of Energy, shall submit to 
     the appropriate congressional committees a United States 
     Government strategy to increase United States exports of 
     advanced energy technologies to--
       (1) improve energy security in allied and developing 
     countries;
       (2) create open, efficient, rules-based, and transparent 
     energy markets;
       (3) improve free, fair, and reciprocal energy trading 
     relationships; and
       (4) expand access to affordable, reliable energy.

     SEC. 3116. REPORT ON THE PEOPLE'S REPUBLIC OF CHINA'S 
                   INVESTMENTS IN FOREIGN ENERGY DEVELOPMENT.

       (a) In General.--No later than 180 days after the date of 
     the enactment of this Act, and annually thereafter for five 
     years, the Administrator of the United States Agency for 
     International Development, in consultation with the Secretary 
     of State through the Assistant Secretary for Energy 
     Resources, shall submit to the appropriate congressional 
     committees a report that--
       (1) identifies priority countries for deepening United 
     States engagement on energy matters, in accordance with the 
     economic and national security interests of the United States 
     and where deeper energy partnerships are most achievable;
       (2) describes the involvement of the PRC government and 
     companies incorporated in the PRC in the development, 
     operation, financing, or ownership of energy generation 
     facilities, transmission infrastructure, or energy resources 
     in the countries identified in paragraph (1);
       (3) evaluates strategic or security concerns and 
     implications for United States national interests and the 
     interests of the countries identified in paragraph (1), with 
     respect to the PRC's involvement and influence in developing 
     country energy production or transmission; and
       (4) outlines current and planned efforts by the United 
     States to partner with the countries identified in paragraph 
     (1) on energy matters that support shared interests between 
     the United States and such countries.
       (b) Publication.--The assessment required in subsection (a) 
     shall be published on the United States Agency for 
     International Development's website.

            Subtitle C--Digital Technology and Connectivity

     SEC. 3121. SENSE OF CONGRESS ON DIGITAL TECHNOLOGY ISSUES.

       (a) Leadership in International Standards Setting.--It is 
     the sense of Congress that the United States must lead in 
     international bodies that set the governance norms and rules 
     for critical digitally enabled technologies in order to 
     ensure that these technologies operate within a free, secure, 
     interoperable, and stable digital domain.

[[Page S2656]]

       (b) Countering Digital Authoritarianism.--It is the sense 
     of Congress that the United States, along with allies and 
     partners, should lead an international effort that utilizes 
     all of the economic and diplomatic tools at its disposal to 
     combat the expanding use of information and communications 
     technology products and services to surveil, repress, and 
     manipulate populations (also known as ``digital 
     authoritarianism'').
       (c) Negotiations for Digital Trade Agreements or 
     Arrangements.--It is the sense of Congress that the United 
     States Trade Representative should negotiate bilateral and 
     plurilateral agreements or arrangements relating to digital 
     goods with the European Union, Japan, Taiwan, the member 
     countries of the Five Eyes intelligence-sharing alliance, and 
     other nations, as appropriate.
       (d) Freedom of Information in the Digital Age.--It is the 
     sense of Congress that the United States should lead a global 
     effort to ensure that freedom of information, including the 
     ability to safely consume or publish information without fear 
     of undue reprisals, is maintained as the digital domain 
     becomes an increasingly integral mechanism for communication.
       (e) Efforts to Ensure Technological Development Does Not 
     Threaten Democratic Governance or Human Rights.--It is the 
     sense of Congress that the United States should lead a global 
     effort to develop and adopt a set of common principles and 
     standards for critical technologies to ensure that the use of 
     such technologies cannot be abused by malign actors, whether 
     they are governments or other entities, and that they do not 
     threaten democratic governance or human rights.
       (f) Formation of Digital Technology Trade Alliance.--It is 
     the sense of Congress that the United States should examine 
     opportunities for diplomatic negotiations regarding the 
     formation of mutually beneficial alliances relating to 
     digitally-enabled technologies and services.

     SEC. 3122. DIGITAL CONNECTIVITY AND CYBERSECURITY 
                   PARTNERSHIP.

       (a) Digital Connectivity and Cybersecurity Partnership.--
     The Secretary of State is authorized to establish a program, 
     to be known as the ``Digital Connectivity and Cybersecurity 
     Partnership'' to help foreign countries--
       (1) expand and increase secure Internet access and digital 
     infrastructure in emerging markets;
       (2) protect technological assets, including data;
       (3) adopt policies and regulatory positions that foster and 
     encourage open, interoperable, reliable, and secure internet, 
     the free flow of data, multi-stakeholder models of internet 
     governance, and pro-competitive and secure information and 
     communications technology (ICT) policies and regulations;
       (4) promote exports of United States ICT goods and services 
     and increase United States company market share in target 
     markets;
       (5) promote the diversification of ICT goods and supply 
     chain services to be less reliant on PRC imports; and
       (6) build cybersecurity capacity, expand interoperability, 
     and promote best practices for a national approach to 
     cybersecurity.
       (b) Implementation Plan.--Not later than 180 days after the 
     date of the enactment of this Act, the Secretary of State 
     shall submit to the appropriate committees of Congress an 
     implementation plan for the coming year to advance the goals 
     identified in subsection (a).
       (c) Consultation.--In developing the action plan required 
     by subsection (b), the Secretary of State shall consult 
     with--
       (1) the appropriate congressional committees;
       (2) leaders of the United States industry;
       (3) other relevant technology experts, including the Open 
     Technology Fund;
       (4) representatives from relevant United States Government 
     agencies; and
       (5) representatives from like-minded allies and partners.
       (d) Semiannual Briefing Requirement.--Not later than 180 
     days after the date of the enactment of this Act, and 
     annually thereafter for 5 years, the Secretary of State shall 
     provide the appropriate congressional committees a briefing 
     on the implementation of the plan required by subsection (b).
       (e) Authorization of Appropriations.--There is authorized 
     to be appropriated $100,000,000 for each of fiscal years 2022 
     through 2026 to carry out this section.

     SEC. 3123. STRATEGY FOR DIGITAL INVESTMENT BY UNITED STATES 
                   INTERNATIONAL DEVELOPMENT FINANCE CORPORATION.

       (a) In General.--Not later than one year after the date of 
     the enactment of this Act, the United States International 
     Development Finance Corporation, in consultation with the 
     Administrator of the United States Agency for International 
     Development, shall submit to the appropriate congressional 
     committees a strategy for support of private sector digital 
     investment that--
       (1) includes support for information-connectivity projects, 
     including projects relating to telecommunications equipment, 
     mobile payments, smart cities, and undersea cables;
       (2) in providing such support, prioritizes private sector 
     projects--
       (A) of strategic value to the United States;
       (B) of mutual strategic value to the United States and 
     allies and partners of the United States; and
       (C) that will advance broader development priorities of the 
     United States;
       (3) helps to bridge the digital gap in less developed 
     countries and among women and minority communities within 
     those countries;
       (4) facilitates coordination, where appropriate, with 
     multilateral development banks and development finance 
     institutions of other countries with respect to projects 
     described in paragraph (1), including through the provision 
     of co-financing and co-guarantees; and
       (5) identifies the human and financial resources available 
     to dedicate to such projects and assesses any constraints to 
     implementing such projects.
       (b) Limitation.--
       (1) In general.--The Corporation may not provide support 
     for projects in which entities described in paragraph (2) 
     participate.
       (2) Entities described.--An entity described in this 
     subparagraph is an entity based in, or owned or controlled by 
     the government of, a country, including the People's Republic 
     of China, that does not protect internet freedom of 
     expression and privacy.

    Subtitle D--Countering Chinese Communist Party Malign Influence

     SECTION 3131. SHORT TITLE.

       This subtitle may be cited as the ``Countering Chinese 
     Communist Party Malign Influence Act''.

     SEC. 3132. AUTHORIZATION OF APPROPRIATIONS FOR COUNTERING 
                   CHINESE INFLUENCE FUND.

       (a) Countering Chinese Influence Fund.--There is authorized 
     to be appropriated $300,000,000 for each of fiscal years 2022 
     through 2026 for the Countering Chinese Influence Fund to 
     counter the malign influence of the Chinese Communist Party 
     globally. Amounts appropriated pursuant to this authorization 
     are authorized to remain available until expended and shall 
     be in addition to amounts otherwise authorized to be 
     appropriated to counter such influence.
       (b) Consultation Required.--The obligation of funds 
     appropriated or otherwise made available to counter the 
     malign influence of the Chinese Communist Party globally 
     shall be subject to prior consultation with, and consistent 
     with section 634A of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2394-1), the regular notification procedures of--
       (1) the Committee on Foreign Relations and the Committee on 
     Appropriations of the Senate; and
       (2) the Committee on Foreign Affairs and the Committee on 
     Appropriations of the House of Representatives.
       (c) Policy Guidance, Coordination, and Approval.--
       (1) Coordinator.--The Secretary of State shall designate an 
     existing senior official of the Department at the rank of 
     Assistant Secretary or above to provide policy guidance, 
     coordination, and approval for the obligation of funds 
     authorized pursuant to subsection (a).
       (2) Duties.--The senior official designated pursuant to 
     paragraph (1) shall be responsible for--
       (A) on an annual basis, the identification of specific 
     strategic priorities for using the funds authorized to be 
     appropriated by subsection (a), such as geographic areas of 
     focus or functional categories of programming that funds are 
     to be concentrated within, consistent with the national 
     interests of the United States and the purposes of this 
     division;
       (B) the coordination and approval of all programming 
     conducted using the funds authorized to be appropriated by 
     subsection (a), based on a determination that such 
     programming directly counters the malign influence of the 
     Chinese Communist Party, including specific activities or 
     policies advanced by the Chinese Communist Party, pursuant to 
     the strategic objectives of the United States, as established 
     in the 2017 National Security Strategy, the 2018 National 
     Defense Strategy, and other relevant national and regional 
     strategies as appropriate;
       (C) ensuring that all programming approved bears a 
     sufficiently direct nexus to such acts by the Chinese 
     Communist Party described in subsection (d) and adheres to 
     the requirements outlined in subsection (e); and
       (D) conducting oversight, monitoring, and evaluation of the 
     effectiveness of all programming conducted using the funds 
     authorized to be appropriated by subsection (a) to ensure 
     that it advances United States interests and degrades the 
     ability of the Chinese Communist Party, to advance activities 
     that align with subsection (d) of this section.
       (3) Interagency coordination.--The senior official 
     designated pursuant to paragraph (1) shall, in coordinating 
     and approving programming pursuant to paragraph (2), seek 
     to--
       (A) conduct appropriate interagency consultation; and
       (B) ensure, to the maximum extent practicable, that all 
     approved programming functions in concert with other Federal 
     activities to counter the malign influence and activities of 
     the Chinese Communist Party.
       (4) Assistant coordinator.--The Administrator of the United 
     States Agency for International Development shall designate a 
     senior official at the rank of Assistant Administrator or 
     above to assist and consult with the senior official 
     designated pursuant to paragraph (1).
       (d) Malign Influence.--In this section, the term ``malign 
     influence'' with respect to the

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     Chinese Communist Party should be construed to include acts 
     conducted by the Chinese Communist Party or entities acting 
     on its behalf that--
       (1) undermine a free and open international order;
       (2) advance an alternative, repressive international order 
     that bolsters the Chinese Communist Party's hegemonic 
     ambitions and is characterized by coercion and dependency;
       (3) undermine the national security or sovereignty of the 
     United States or other countries; or
       (4) undermine the economic security of the United States or 
     other countries, including by promoting corruption.
       (e) Countering Malign Influence.--In this section, 
     countering malign influence through the use of funds 
     authorized to be appropriated by subsection (a) shall include 
     efforts to--
       (1) promote transparency and accountability, and reduce 
     corruption, including in governance structures targeted by 
     the malign influence of the Chinese Communist Party;
       (2) support civil society and independent media to raise 
     awareness of and increase transparency regarding the negative 
     impact of activities related to the Belt and Road Initiative 
     and associated initiatives;
       (3) counter transnational criminal networks that benefit, 
     or benefit from, the malign influence of the Chinese 
     Communist Party;
       (4) encourage economic development structures that help 
     protect against predatory lending schemes, including support 
     for market-based alternatives in key economic sectors, such 
     as digital economy, energy, and infrastructure;
       (5) counter activities that provide undue influence to the 
     security forces of the People's Republic of China;
       (6) expose misinformation and disinformation of the Chinese 
     Communist Party's propaganda, including through programs 
     carried out by the Global Engagement Center; and
       (7) counter efforts by the Chinese Communist Party to 
     legitimize or promote authoritarian ideology and governance 
     models.

     SEC. 3133. FINDINGS ON CHINESE INFORMATION WARFARE AND MALIGN 
                   INFLUENCE OPERATIONS.

       (a) Findings.--Congress makes the following findings:
       (1) In the report to Congress required under section 
     1261(b) of the John S. McCain National Defense Authorization 
     Act for Fiscal Year 2019 (Public Law 115-232), the President 
     laid out a broad range of malign activities conducted by the 
     Government of the People's Republic of China and its agents 
     and entities, including--
       (A) propaganda and disinformation, in which ``Beijing 
     communicates its narrative through state-run television, 
     print, radio, and online organizations whose presence is 
     proliferating in the United States and around the world'';
       (B) malign political influence operations, particularly 
     ``front organizations and agents which target businesses, 
     universities, think tanks, scholars, journalists, and local 
     state and Federal officials in the United States and around 
     the world, attempting to influence discourse''; and
       (C) malign financial influence operations, characterized as 
     the ``misappropriation of technology and intellectual 
     property, failure to appropriately disclose relationships 
     with foreign government sponsored entities, breaches of 
     contract and confidentiality, and manipulation of processes 
     for fair and merit-based allocation of Federal research and 
     development funding''.
       (2) Chinese information warfare and malign influence 
     operations are ongoing. In January 2019, then-Director of 
     National Intelligence, Dan Coats, stated, ``China will 
     continue to use legal, political, and economic levers--such 
     as the lure of Chinese markets--to shape the information 
     environment. It is also capable of using cyber attacks 
     against systems in the United States to censor or suppress 
     viewpoints it deems politically sensitive.''.
       (3) In February 2020, then-Director of the Federal Bureau 
     of Investigation, Christopher Wray, testified to the 
     Committee on the Judiciary of the House of Representatives 
     that the People's Republic of China has ``very active 
     [malign] foreign influence efforts in this country,'' with 
     the goal of ``trying to shift our policy and our public 
     opinion to be more pro-China on a variety of issues''.
       (4) The PRC's information warfare and malign influence 
     operations continue to adopt new tactics and