I 

116TH CONGRESS 

2D SESSION H. R. 5685 

To invest in basic scientific research and support technology innovation for 

the economic and national security of the United States, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 28, 2020 

Mr. LUCAS (for himself, Mr. WEBER of Texas, Mr. BABIN, Mr. MARSHALL, 

Mr. BAIRD, Mr. GONZALEZ of Ohio, Mr. WALTZ, Mr. OLSON, Mr. MURPHY of North Carolina, Mr. BALDERSON, Mr. POSEY, and Mr. ROONEY

of Florida) introduced the following bill; which was referred to the Committee on Science, Space, and Technology, and in addition to the Committees on the Judiciary, Small Business, Natural Resources, and Foreign Affairs, for a period to be subsequently determined by the Speaker, 

in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To invest in basic scientific research and support technology 

innovation for the economic and national security of the 

United States, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Securing American 

5 Leadership in Science and Technology Act of 2020’’. 


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1 SEC. 2. TABLE OF CONTENTS. 

2 The table of contents for this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

Sec. 3. Purposes. 

TITLE I—NATIONAL SCIENCE AND TECHNOLOGY STRATEGY AND 

OFFICE OF SCIENCE AND TECHNOLOGY POLICY 

Subtitle A—National Science and Technology Strategy 

Sec. 101. National science and technology strategy. 

Sec. 102. Quadrennial science and technology review. 

Subtitle B—Office of Science and Technology Policy 

Sec. 111. Authorization of appropriations. 

Sec. 112. GAO study on Federal research security. 

TITLE II—DEPARTMENT OF ENERGY 

Subtitle A—Office of Science 

Sec. 201. Definitions. 

Sec. 202. Basic energy sciences. 

Sec. 203. Advanced scientific computing research. 

Sec. 204. High energy physics. 

Sec. 205. Biological and environmental research. 

Sec. 206. Fusion energy. 

Sec. 207. Nuclear physics. 

Sec. 208. Science laboratories infrastructure program. 

Sec. 209. Authorization of appropriations. 

Subtitle B—Advanced Research Projects Agency–Energy 

Sec. 211. Advanced Research Projects Agency–Energy. 

Subtitle C—DOE Clean Energy Infrastructure 

Sec. 221. Regional Energy Innovation Centers. 

Sec. 222. Versatile neutron source. 

Sec. 223. Carbon utilization research and development infrastructure. 

Sec. 224. Frontier Observatory for Research in Geothermal Energy. 

Sec. 225. Advanced energy storage initiative. 

Sec. 226. Critical infrastructure research and construction. 

TITLE III—NATIONAL INSTITUTE OF STANDARDS AND 

TECHNOLOGY 

Sec. 301. Findings. 

Sec. 302. Authorization of appropriations. 

Sec. 303. NIST Facilities Modernization Fund. 

Sec. 304. Quantum information science. 

Sec. 305. Cybersecurity research. 

Sec. 306. Artificial intelligence and data science. 

Sec. 307. Internet of things. 


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Sec. 308. Composites research. 

Sec. 309. Enabling the future bioeconomy. 

Sec. 310. International standards development. 

Sec. 311. Review of the Center for Neutron Research. 

Sec. 312. Hiring and management. 

Sec. 313. National Institute of Standards and Technology Foundation. 

Sec. 314. MEP outreach. 

Sec. 315. Definitions. 

TITLE IV—NATIONAL OCEANIC AND ATMOSPHERIC 

ADMINISTRATION 

Sec. 401. Establishment of a technology transfer office. 

Sec. 402. Technology transfer and transitions assessment. 

Sec. 403. National Mesonet Program. 

Sec. 404. Severe weather extramural testbeds. 

Sec. 405. Next generation digital radar. 

Sec. 406. Fellowships. 

Sec. 407. Authorization of appropriations. 

TITLE V—NATIONAL SCIENCE FOUNDATION 

Sec. 501. Authorization of appropriations. 

Sec. 502. NSF organizational review. 

Sec. 503. Ethics and security plans. 

Sec. 504. Major research instrumentation update. 

Sec. 505. NSF mid-scale project investments. 

Sec. 506. Reproducibility in science. 

Sec. 507. Public-private partnerships. 

Sec. 508. EPSCoR. 

Sec. 509. Computing Enclave Pilot Program. 

Sec. 510. Definitions. 

TITLE VI—STEM WORKFORCE FOR THE 21ST CENTURY 

Sec. 601. Findings; sense of Congress. 

Sec. 602. Advanced technical education and skilled technical workforce. 

Sec. 603. Graduate Research Fellowship Program update. 

Sec. 604. Robert Noyce Teacher Scholarship Program Sense of Congress. 

TITLE VII—ANTARCTIC SCIENCE AND CONSERVATION 

MODERNIZATION 

Subtitle A—Antarctic Nongovernmental Activity Preparedness Act 

Sec. 701. Congressional findings and declaration of purpose. 

Sec. 702. Definitions. 

Sec. 703. Obligation of persons organizing expeditions to prepare contingency 

plans and obtain insurance. 

Sec. 704. Certification of Compliance. 

Sec. 705. Costs and administrative fees. 

Sec. 706. Foreign expeditions. 

Sec. 707. Civil penalties. 

Sec. 708. Regulations. 

Sec. 709. Effective date. 

Subtitle B—Antarctic Environmental Liability Act of 2020 


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Sec. 711. Short title. 

Sec. 712. Purpose. 

Sec. 713. Implementing amendments. 

Sec. 714. Effective date. 

TITLE VIII—TECHNOLOGY TRANSFER AND INNOVATION 

Sec. 801. Federal laboratory computer programs update. 

Sec. 802. Extend CRADA information protection period. 

Sec. 803. Stevenson-Wydler Act authority update. 

Sec. 804. Royalty payments to Federal employees update. 

Sec. 805. Government intellectual property clarification. 

Sec. 806. Clarifying CRADA authority. 

Sec. 807. Expansion of agreements for commercializing technology authority. 

Sec. 808. Other transaction authority. 

Sec. 809. Nonprofit foundations. 

Sec. 810. Improving reporting and metrics. 

Sec. 811. Innovative approaches to technology transfer. 

Sec. 812. DOE public-private partnerships for commercialization. 

1 SEC. 3. PURPOSES. 

2 The purpose of this Act is to ensure the continued 

3 leadership of the United States in science and technology 

4 by— 

5 (1) providing for a coordinated national science 

6 and technology strategy for the economic and na7 tional security of the United States; 

8 (2) prioritizing investment in Federal basic re9 search by authorizing a doubling of basic research 

10 funding over the next 10 years at the Department 

11 of Energy, the National Science Foundation, the 

12 National Institute of Standards and Technology, and 

13 the National Oceanic and Atmospheric Administra14 tion; 

15 (3) providing for investment in key areas nec16 essary for the competitiveness of the United States, 

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1 ligence and autonomous technology, materials and 

2 advanced manufacturing, energy and climate, and 

3 the biosciences; 

4 (4) providing for investment in critical science 

5 and technology infrastructure to maintain world6 class research and user facilities; 

7 (5) expanding the STEM workforce at all levels 

8 to meet the demands of a 21st century economy; 

9 (6) promoting regional innovation to support 

10 local economic growth across all regions of the 

11 United States; 

12 (7) maximizing the effectiveness of the Federal 

13 Government’s research and development activities; 

14 (8) promoting collaboration among the Federal 

15 Government, Federal laboratories, universities, and 

16 industry; and 

17 (9) improving technology transfer from the 

18 Federal Government and Federal laboratories to the 

19 private sector for commercialization. 


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1 TITLE I—NATIONAL SCIENCE 

2 AND TECHNOLOGY STRATEGY 

3 AND OFFICE OF SCIENCE AND 

4 TECHNOLOGY POLICY 

5 Subtitle A—National Science and 

6 Technology Strategy 

7 SEC. 101. NATIONAL SCIENCE AND TECHNOLOGY STRAT8 EGY. 

9 Section 206 of the National Science and Technology 

10 Policy, Organization, and Priorities Act of 1976 (42 

11 U.S.C. 6615) is amended to read as follows: 

12 ‘‘SEC. 206. NATIONAL SCIENCE AND TECHNOLOGY STRAT13 EGY. 

14 ‘‘(a) IN GENERAL.—Not later than the end of each 

15 calendar year immediately after the calendar year in which 

16 a review under section 206b is completed, the Director of 

17 the Office of Science and Technology Policy, in consulta18 tion with the National Science and Technology Council, 

19 shall develop and submit to Congress a comprehensive na20 tional science and technology strategy of the United States 

21 to meet national research and development objectives for 

22 the following 4-year period (in this Act referred to as ‘the 

23 national science and technology strategy’). 

24 ‘‘(b) REQUIREMENTS.—Each national science and 

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1 eate a national science and technology strategy consistent 

2 with— 

3 ‘‘(1) the recommendations and priorities devel4 oped by the review established in section 206b; 

5 ‘‘(2) the most recent national security strategy 

6 report submitted pursuant to section 1032 of the 

7 National Defense Authorization Act for Fiscal Year 

8 2012 (50 U.S.C. 3043); 

9 ‘‘(3) other relevant national plans; and 

10 ‘‘(4) the strategic plans of relevant Federal de11 partments and agencies. 

12 ‘‘(c) CONSULTATION.—The Director shall consult as 

13 necessary with the Office of Management and Budget and 

14 other appropriate elements of the Executive Office of the 

15 President to ensure that the recommendations and prior16 ities delineated in the science and technology strategy are 

17 incorporated in the development of annual budget re18 quests. 

19 ‘‘(d) REPORT.—The President shall submit to Con20 gress each year a comprehensive report on the national 

21 science and technology strategy of the United States. Each 

22 report on the national science and technology strategy of 

23 the United States shall include a description of— 

24 ‘‘(1) strategic objectives and priorities necessary 

25 to maintain the leadership of the United States in 


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1 science and technology, including near-term, me2 dium-term, and long-term research priorities; 

3 ‘‘(2) programs, policies, and activities that the 

4 President recommends across all Federal agencies to 

5 achieve the strategic objectives in paragraph (1); 

6 and 

7 ‘‘(3) global trends in science and technology, in8 cluding potential threats to the leadership of the 

9 United States in science and technology. 

10 ‘‘(e) PUBLICATION.—The Director shall, consistent 

11 with the protection of national security and other sensitive 

12 matters to the maximum extent practicable, make each re13 port submitted under subsection (e) publicly available on 

14 an internet website of the Office of Science and Tech15 nology Policy.’’. 

16 SEC. 102. QUADRENNIAL SCIENCE AND TECHNOLOGY RE17 VIEW. 

18 The National Science and Technology Policy, Organi19 zation, and Priorities Act of 1976 (42 U.S.C. 6601 et seq.) 

20 is amended by inserting after section 206: 

21 ‘‘SEC. 206b. QUADRENNIAL SCIENCE AND TECHNOLOGY RE22 VIEW. 

23 ‘‘(a) REQUIREMENTS.— 

24 ‘‘(1) QUADRENNIAL REVIEWS REQUIRED.—Not 

25 later than December 31, 2020, and every 4 years 


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1 thereafter, the Director of the Office of Science and 

2 Technology Policy shall complete a review of the 

3 science and technology enterprise of the United 

4 States (in this section referred to as the ‘quadren5 nial science and technology review’). 

6 ‘‘(2) SCOPE.—The quadrennial science and 

7 technology review shall be a comprehensive examina8 tion of the science and technology strategy of the 

9 United States, including recommendations for main10 taining global leadership in science and technology 

11 and guidance on the coordination of programs, as12 sets, capabilities, budget, policies, and authorities 

13 across all Federal research and development pro14 grams. 

15 ‘‘(3) CONSULTATION.—The Director of the Of16 fice of Science and Technology shall conduct each 

17 quadrennial science and technology review under this 

18 subsection in consultation with— 

19 ‘‘(A) the National Science and Technology 

20 Council; 

21 ‘‘(B) the heads of other relevant Federal 

22 agencies; 

23 ‘‘(C) the President’s Council of Advisors 

24 on Science and Technology; 

25 ‘‘(D) the National Science Board; 


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1 ‘‘(E) the National Security Council; and 

2 ‘‘(F) other relevant governmental and non3 governmental entities, including representatives 

4 from industry, institutions of higher education, 

5 nonprofit institutions, Members of Congress, 

6 and other policy experts. 

7 ‘‘(4) COORDINATION.—The Director shall en8 sure that each quadrennial science and technology 

9 review conducted under this section is coordinated 

10 with other relevant statutorily required reviews, and 

11 to the maximum extent practicable incorporates in12 formation and recommendations from existing re13 views to avoid duplication. 

14 ‘‘(b) CONTENTS.—In each quadrennial science and 

15 technology review, the Director shall— 

16 ‘‘(1) provide an integrated view of, and rec17 ommendations for, science and technology policy 

18 across the Federal Government, while considering 

19 economic and national security; 

20 ‘‘(2) assess and recommend priorities for re21 search, development and demonstration programs to 

22 maintain American leadership in science and tech23 nology; 

24 ‘‘(3) assess the global competition in science 

25 and technology and identify potential threats to the 


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1 leadership of the United States in science and tech2 nology; 

3 ‘‘(4) assess and make recommendations on the 

4 science, technology, engineering, mathematics and 

5 computer science workforce in the United States; 

6 ‘‘(5) assess and make recommendations to im7 prove regional innovation across the United States; 

8 ‘‘(6) assess and identify the infrastructure and 

9 tools needed to maintain the leadership of the 

10 United States in science and technology; and 

11 ‘‘(7) review administrative or legislative policies 

12 that affect the science and technology enterprise and 

13 identify and make recommendations on policies that 

14 hinder research and development in the United 

15 States. 

16 ‘‘(c) REPORTING.— 

17 ‘‘(1) IN GENERAL.—Not later than December 

18 31 of the year in which a quadrennial science and 

19 technology review is conducted, the Director shall 

20 submit a report of the review to Congress. 

21 ‘‘(2) PUBLICATION.—The Director shall, con22 sistent with the protection of national security and 

23 other sensitive matters to the maximum extent pos24 sible, make each report submitted under paragraph 


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1 (1) publicly available on an internet website of the 

2 Office of Science and Technology Policy.’’. 

3 Subtitle B—Office of Science and 

4 Technology Policy 

5 SEC. 111. AUTHORIZATION OF APPROPRIATIONS. 

6 There are authorized to be appropriated for the Of7 fice of Science and Technology Policy— 

8 (1) $5,544,000 for fiscal year 2020; 

9 (2) $6,100,000 for fiscal year 2021; 

10 (3) $6,500,000 for fiscal year 2022; 

11 (4) $6,500,000 for fiscal year 2023; 

12 (5) $6,500,000 for fiscal year 2024; 

13 (6) $6,500,000 for fiscal year 2025; 

14 (7) $6,500,000 for fiscal year 2026; 

15 (8) $6,500,000 for fiscal year 2027; 

16 (9) $6,500,000 for fiscal year 2028; and 

17 (10) $6,500,000 for fiscal year 2029. 

18 SEC. 112. GAO STUDY ON FEDERAL RESEARCH SECURITY. 

19 Not later than 1 year after the date of enactment 

20 of this Act, the Comptroller General shall transmit to the 

21 Congress a report detailing the results of a study on Fed22 eral science agency efforts to protect federally funded re23 search and development from foreign interference, theft, 

24 or espionage. Such study shall include— 


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1 (1) an inventory of current policies, procedures, 

2 and guidance for protecting federally funded intra3 mural and extramural research from foreign inter4 ference, theft, or espionage; 

5 (2) an inventory of policies and procedures for 

6 foreign scientists participating in research or re7 search administration at Federal facilities, including 

8 Federal laboratories; 

9 (3) an inventory of known security breaches 

10 and other similar incidents of foreign interference, 

11 theft, or espionage of intramural research, merit-re12 view panels, or other Federal grant administration 

13 activities; 

14 (4) an assessment of the best practices at Fed15 eral agencies for protecting federally funded re16 search; 

17 (5) an assessment of interagency coordination 

18 efforts on policies and procedures on research secu19 rity; 

20 (6) an assessment of any potential con21 sequences that any agency practice would have on 

22 international collaboration and United States leader23 ship in science and technology; and 


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1 (7) recommendations for further steps that 

2 agencies should take to protect federally funded re3 search from foreign interference, theft or espionage. 

4 TITLE II—DEPARTMENT OF 

5 ENERGY 

6 Subtitle A—Office of Science 

7 SEC. 201. DEFINITIONS. 

8 In this Act: 

9 (1) DEPARTMENT.—The term ‘‘Department’’ 

10 means the Department of Energy. 

11 (2) DIRECTOR.—The term ‘‘Director’’ means 

12 the Director of the Office of Science of the Depart13 ment. 

14 (3) NATIONAL LABORATORY.—The term ‘‘Na15 tional Laboratory’’ has the meaning given that term 

16 in section 2 of the Energy Policy Act of 2005 (42 

17 U.S.C. 15801). 

18 (4) SECRETARY.—The term ‘‘Secretary’’ means 

19 the Secretary of Energy. 

20 SEC. 202. BASIC ENERGY SCIENCES. 

21 (a) PROGRAM.—The Director shall carry out a funda22 mental research program in basic energy sciences, includ23 ing materials sciences and engineering, chemical sciences, 

24 physical biosciences, and geosciences, in order to provide 

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1 port Department missions in energy, environment, and na2 tional security. 

3 (b) BASIC ENERGY SCIENCES USER FACILITIES.— 

4 Section 303(b)(3) of the Department of Energy Research 

5 and Innovation Act (42 U.S.C. 18641) is amended— 

6 (1) in subparagraph (C), by striking ‘‘and’’; 

7 (2) by redesignating subparagraph (D) as sub8 paragraph (E); and 

9 (3) by inserting after subparagraph (C) the fol10 lowing: 

11 ‘‘(D) autonomous chemistry and materials 

12 synthesis facilities that leverage advances in ar13 tificial intelligence; and’’. 

14 (c) BASIC ENERGY SCIENCES RESEARCH INFRA15 STRUCTURE.— 

16 (1) ADVANCED PHOTON SOURCE UPGRADE.— 

17 (A) IN GENERAL.—The Secretary shall 

18 provide for the upgrade to the Advanced Pho19 ton Source described in the publication ap20 proved by the Basic Energy Sciences Advisory 

21 Committee on June 9, 2016, titled ‘‘Report on 

22 Facility Upgrades’’, including the development 

23 of a multi-bend achromat lattice to produce a 

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1 ray energy region and a suite of beamlines opti2 mized for this source. 

3 (B) DEFINITIONS.—In this paragraph: 

4 (i) FLUX.—The term ‘‘flux’’ means 

5 the rate of flow of photons. 

6 (ii) HARD X-RAY.—The term ‘‘hard x7 ray’’ means a photon with energy greater 

8 than 20 kiloelectron volts. 

9 (C) START OF OPERATIONS.—The Sec10 retary shall, to the maximum extent practicable, 

11 ensure that the start of full operations of the 

12 upgrade under this paragraph occurs before 

13 March 31, 2026. 

14 (D) FUNDING.—Out of funds authorized 

15 to be appropriated under section 209 for Basic 

16 Energy Science, there shall be made available to 

17 the Secretary to carry out the upgrade under 

18 this paragraph— 

19 (i) $170,000,000 for fiscal year 2020; 

20 (ii) $159,800,000 for fiscal year 2021; 

21 (iii) $106,200,000 for fiscal year 

22 2022; and 

23 (iv) $5,000,000 for fiscal year 2023. 

24 (2) SPALLATION NEUTRON SOURCE PROTON

25 POWER UPGRADE.— 


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1 (A) IN GENERAL.—The Secretary shall 

2 provide for a proton power upgrade to the 

3 Spallation Neutron Source. 

4 (B) PROTON POWER UPGRADE DEFINED.— 

5 For the purposes of this paragraph, the term 

6 ‘‘proton power upgrade’’ means the Spallation 

7 Neutron Source power upgrade described in— 

8 (i) the publication of the Office of 

9 Science of the Department of Energy titled 

10 ‘‘Facilities for the Future of Science: A 

11 Twenty-Year Outlook’’, published Decem12 ber 2003; 

13 (ii) the publication of the Office of 

14 Science of the Department of Energy titled 

15 ‘‘Four Years Later: An Interim Report on 

16 Facilities for the Future of Science: A 

17 Twenty-Year Outlook’’, published August 

18 2007; and 

19 (iii) the publication approved by the 

20 Basic Energy Sciences Advisory Committee 

21 on June 9, 2016, titled ‘‘Report on Facil22 ity Upgrades’’. 

23 (C) START OF OPERATIONS.—The Sec24 retary shall, to the maximum extent practicable, 

25 ensure that the start of full operations of the 


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1 upgrade under this paragraph occurs before De2 cember 31, 2025. 

3 (D) FUNDING.—Out of funds authorized 

4 to be appropriated under section 209 for Basic 

5 Energy Science, there shall be made available to 

6 the Secretary to carry out the upgrade under 

7 this paragraph— 

8 (i) $65,000,000 for fiscal year 2020; 

9 (ii) $44,000,000 for fiscal year 2021; 

10 and 

11 (iii) $35,000,000 for fiscal year 2022. 

12 (3) SPALLATION NEUTRON SOURCE SECOND

13 TARGET STATION.— 

14 (A) IN GENERAL.—The Secretary shall 

15 provide for a second target station for the 

16 Spallation Neutron Source. 

17 (B) DEFINITION OF SECOND TARGET STA18 TION.—For the purposes of this paragraph, the 

19 term ‘‘second target station’’ means the Spall20 ation Neutron Source second target station de21 scribed in— 

22 (i) the publication of the Office of 

23 Science of the Department of Energy titled 

24 ‘‘Facilities for the Future of Science: A 


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1 Twenty-Year Outlook’’, published Decem2 ber 2003; 

3 (ii) the publication of the Office of 

4 Science of the Department of Energy titled 

5 ‘‘Four Years Later: An Interim Report on 

6 Facilities for the Future of Science: A 

7 Twenty-Year Outlook’’, published August 

8 2007; and 

9 (iii) the publication approved by the 

10 Basic Energy Sciences Advisory Committee 

11 on June 9, 2016, titled ‘‘Report on Facil12 ity Upgrades’’. 

13 (C) START OF OPERATIONS.—The Sec14 retary shall, to the maximum extent practicable, 

15 ensure that the start of full operations of the 

16 second target station under this paragraph oc17 curs before December 31, 2030, with the option 

18 for early operation in 2028. 

19 (D) FUNDING.—Out of funds authorized 

20 to be appropriated under section 209 for Basic 

21 Energy Science, there shall be made available to 

22 the Secretary to carry out activities, including 

23 construction, under this paragraph— 

24 (i) $15,000,000 for fiscal year 2020; 

25 (ii) $25,000,000 for fiscal year 2021; 


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1 (iii) $50,000,000 for fiscal year 2022; 

2 (iv) $200,000,000 for fiscal year 

3 2023; 

4 (v) $275,000,000 for fiscal year 2024; 

5 (vi) $275,000,000 for fiscal year 

6 2025; 

7 (vii) $275,000,000 for fiscal year 

8 2026; 

9 (viii) $250,000,000 for fiscal year 

10 2027; and 

11 (ix) $120,000,000 for fiscal year 

12 2028. 

13 (4) ADVANCED LIGHT SOURCE UPGRADE.— 

14 (A) IN GENERAL.—The Secretary shall 

15 provide for the upgrade to the Advanced Light 

16 Source described in the publication approved by 

17 the Basic Energy Sciences Advisory Committee 

18 on June 9, 2016, titled ‘‘Report on Facility Up19 grades’’, including the development of a multi20 bend achromat lattice to produce a high flux of 

21 coherent x-rays within the soft x-ray energy re22 gion. 

23 (B) DEFINITIONS.—In this paragraph: 

24 (i) FLUX.—The term ‘‘flux’’ means 

25 the rate of flow of photons. 


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1 (ii) SOFT X-RAY.—The term ‘‘soft x2 ray’’ means a photon with energy in the 

3 range from 50 to 2,000 electron volts. 

4 (C) START OF OPERATIONS.—The Sec5 retary shall, to the maximum extent practicable, 

6 ensure that the start of full operations of the 

7 upgrade under this paragraph occurs before De8 cember 31, 2026. 

9 (D) FUNDING.—Out of funds authorized 

10 to be appropriated under section 209 for Basic 

11 Energy Science, there shall be made available to 

12 the Secretary to carry out the upgrade under 

13 this paragraph— 

14 (i) $53,000,000 for fiscal year 2020; 

15 (ii) $67,000,000 for fiscal year 2021; 

16 (iii) $67,000,000 for fiscal year 2022; 

17 (iv) $60,000,000 for fiscal year 2023; 

18 (v) $59,200,000 for fiscal year 2024; 

19 and 

20 (vi) $2,000,000 for fiscal year 2025. 

21 (5) LINAC COHERENT LIGHT SOURCE II HIGH

22 ENERGY UPGRADE.— 

23 (A) IN GENERAL.—The Secretary shall 

24 provide for the upgrade to the Linac Coherent 

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1 cation approved by the Basic Energy Sciences 

2 Advisory Committee on June 9, 2016, titled 

3 ‘‘Report on Facility Upgrades’’, including the 

4 development of experimental capabilities for 

5 high energy x-rays to reveal fundamental sci6 entific discoveries. The Secretary shall ensure 

7 the upgrade under this paragraph enables the 

8 production and use of high energy, ultra-short 

9 pulse x-rays delivered at a high repetition rate. 

10 (B) DEFINITIONS.—In this paragraph: 

11 (i) HIGH ENERGY X-RAY.—The term 

12 ‘‘high energy x-ray’’ means a photon with 

13 an energy at or exceeding 12 kiloelectron 

14 volts. 

15 (ii) HIGH REPETITION RATE.—The 

16 term ‘‘high repetition rate’’ means the de17 livery of x-ray pulses up to 1 million pulses 

18 per second. 

19 (iii) ULTRA-SHORT PULSE X-RAYS.— 

20 The term ‘‘ultra-short pulse x-rays’’ means 

21 x-ray bursts capable of durations of less 

22 than 100 femtoseconds. 

23 (C) START OF OPERATIONS.—The Sec24 retary shall, to the maximum extent practicable, 

25 ensure that the start of full operations of the 


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1 upgrade under this paragraph occurs before De2 cember 31, 2025. 

3 (D) FUNDING.—Out of funds authorized 

4 to be appropriated under section 209 for Basic 

5 Energy Science, there shall be made available to 

6 the Secretary to carry out the upgrade under 

7 this paragraph— 

8 (i) $54,000,000 for fiscal year 2020; 

9 (ii) $64,000,000 for fiscal year 2021; 

10 (iii) $70,000,000 for fiscal year 2022; 

11 (iv) $80,000,000 for fiscal year 2023; 

12 (v) $79,000,000 for fiscal year 2024; 

13 and 

14 (vi) $37,000,000 for fiscal year 2025. 

15 (d) ARTIFICIAL PHOTOSYNTHESIS.—Subtitle G of 

16 title IX of the Energy Policy Act of 2005 (42 U.S.C. 

17 16311 et seq.) is amended— 

18 (1) in section 973(b), by striking paragraph (4) 

19 and inserting: 

20 ‘‘(4)(A) FUNDING.—From within funds author21 ized to be appropriated under section 209 of the Se22 curing American Leadership in Science and Tech23 nology Act of 2020 for Basic Energy Science, the 

24 Secretary shall make available for carrying out acVerDate Sep 11 2014 02:00 Feb 11, 2020 Jkt 099200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\H5685.IH H5685

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1 tivities under this subsection $50,000,000 for each 

2 of fiscal years 2020 through 2029. 

3 ‘‘(B) PROHIBITION.—No funds allocated to the 

4 program described in paragraph (1) may be obli5 gated or expended for commercial application of en6 ergy technology.’’; and 

7 (2) in section 975(c), by striking paragraph (4) 

8 and inserting: 

9 ‘‘(4)(A) FUNDING.—From within funds author10 ized to be appropriated under section 209 of the Se11 curing American Leadership in Science and Tech12 nology Act of 2020 for Basic Energy Science and 

13 Biological and Environmental Research, the Sec14 retary shall make available for carrying out activities 

15 under this subsection $50,000,000 for each of fiscal 

16 years 2020 through 2029. 

17 ‘‘(B) PROHIBITION.—No funds allocated to the 

18 program described in paragraph (1) may be obli19 gated or expended for commercial application of en20 ergy technology.’’. 

21 (e) ELECTRICITY STORAGE RESEARCH INITIATIVE.— 

22 Section 975 of the Energy Policy Act of 2005 (42 U.S.C. 

23 16315) is amended— 

24 (1) in subsection (b), by striking paragraph (4) 

25 and inserting: 


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1 ‘‘(4)(A) FUNDING.—From within funds author2 ized to be appropriated under section 209 of the Se3 curing American Leadership in Science and Tech4 nology Act of 2020 for Basic Energy Science, the 

5 Secretary shall make available for carrying out ac6 tivities under this subsection $50,000,000 for each 

7 of fiscal years 2020 through 2029. 

8 ‘‘(B) PROHIBITION.—No funds allocated to the 

9 program described in paragraph (1) may be obli10 gated or expended for commercial application of en11 ergy technology.’’; 

12 (2) in subsection (c), by striking paragraph (4) 

13 and inserting: 

14 ‘‘(4)(A) FUNDING.—From within funds author15 ized to be appropriated under section 209 of the Se16 curing American Leadership in Science and Tech17 nology Act of 2020 for Basic Energy Science and 

18 Advanced Scientific Computing Research, the Sec19 retary shall make available for carrying out activities 

20 under this subsection $30,000,000 for each of fiscal 

21 years 2020 through 2029. 

22 ‘‘(B) PROHIBITION.—No funds allocated to the 

23 program described in paragraph (1) may be obli24 gated or expended for commercial application of en25 ergy technology.’’; and 


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1 (3) in subsection (d), by striking paragraph (4) 

2 and inserting: 

3 ‘‘(4)(A) FUNDING.—From within funds author4 ized to be appropriated under section 209 of the Se5 curing American Leadership in Science and Tech6 nology Act of 2020 for Basic Energy Science and 

7 Biological and Environmental Research, the Sec8 retary shall make available for carrying out activities 

9 under this subsection $20,000,000 for each of fiscal 

10 years 2020 through 2029. 

11 ‘‘(B) PROHIBITION.—No funds allocated to the 

12 program described in paragraph (1) may be obli13 gated or expended for commercial application of en14 ergy technology.’’. 

15 (f) COMPUTATIONAL MATERIALS AND CHEMISTRY.— 

16 (1) IN GENERAL.—The Director shall support a 

17 program of fundamental research for the application 

18 of advanced computing practices to foundational and 

19 emerging research problems in chemistry and mate20 rials science. 

21 (2) COMPUTATIONAL MATERIALS AND CHEM22 ISTRY SCIENCE CENTERS.— 

23 (A) IN GENERAL.—In carrying out the ac24 tivities authorized under paragraph (1), the Di25 rector shall select and establish up to four comVerDate Sep 11 2014 02:00 Feb 11, 2020 Jkt 099200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\H5685.IH H5685

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1 putational materials and chemistry science cen2 ters to develop open-source, robust, and vali3 dated computational codes and user-friendly 

4 software, coupled with innovative use of experi5 mental and theoretical data, to enable the de6 sign, discovery, and development of new mate7 rials and chemical systems including chemical 

8 catalysis research and development. These cen9 ters shall also focus on overcoming challenges 

10 and maximizing the benefits of exascale and 

11 other high performance computing systems. 

12 (B) SELECTION.—The Director shall select 

13 centers under paragraph (1) on a competitive, 

14 merit-reviewed basis. The Director shall con15 sider applications from the National Labora16 tories, institutes of higher education, multi-in17 stitutional collaborations, and other appropriate 

18 entities. 

19 (C) DURATION.—A center established 

20 under this subsection shall receive support for 

21 a period of not more than 5 years, subject to 

22 the availability of appropriations. 

23 (D) RENEWAL.—Upon the expiration of 

24 any period of support of a center under this 

25 subsection, the Director may renew support for 


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1 the center, on a merit-reviewed basis, for a pe2 riod of not more than 5 years. 

3 (E) TERMINATION.—Consistent with the 

4 existing authorities of the Department, the Di5 rector may terminate an underperforming cen6 ter for cause during the performance period. 

7 (3) MATERIALS RESEARCH DATABASE.— 

8 (A) IN GENERAL.—The Director shall sup9 port the development of a web-based platform 

10 to provide access to a database of computed in11 formation on known and predicted materials 

12 properties and computational tools to accelerate 

13 breakthroughs in materials discovery and de14 sign. 

15 (B) PROGRAM.—In carrying out this sec16 tion, the Director shall— 

17 (i) conduct cooperative research with 

18 industry, academia, and other research in19 stitutions to facilitate the design of novel 

20 materials; 

21 (ii) leverage existing high performance 

22 computing systems to conduct high23 throughput calculations, and develop com24 putational and data mining algorithms for 

25 the prediction of material properties; 


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1 (iii) advance understanding, pre2 diction, and manipulation of materials; 

3 (iv) strengthen the foundation for new 

4 technologies and advanced manufacturing; 

5 and 

6 (v) drive the development of advanced 

7 materials for applications that span the 

8 Department’s missions in energy, environ9 ment, and national security. 

10 (C) COORDINATION.—In carrying out this 

11 section, the Director shall leverage programs 

12 and activities across the Department. 

13 SEC. 203. ADVANCED SCIENTIFIC COMPUTING RESEARCH. 

14 (a) PROGRAM.—The Director shall carry out a re15 search, development, and demonstration program to ad16 vance computational and networking capabilities to ana17 lyze, model, simulate, and predict complex phenomena rel18 evant to the development of new energy technologies and 

19 the competitiveness of the United States. 

20 (b) BEYOND EXASCALE COMPUTING PROGRAM.— 

21 (1) IN GENERAL.—The Secretary shall establish 

22 a program to develop and implement a strategy for 

23 achieving computing systems with capabilities be24 yond exascale computing systems. In establishing 

25 this program, the Secretary shall— 


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1 (A) maintain foundational research pro2 grams in mathematical, computational, and 

3 computer sciences focused on new and emerging 

4 computing needs within the mission of the De5 partment, including but not limited to post6 Moore’s law computing architectures, novel ap7 proaches to modeling and simulation, artificial 

8 intelligence and scientific machine learning, 

9 quantum computing, and extreme heterogeneity; 

10 and 

11 (B) retain best practices and maintain sup12 port for essential hardware and software ele13 ments of the Exascale Computing Project that 

14 are necessary for sustaining the vitality of a 

15 long-term exascale ecosystem. 

16 (2) REPORT.—Not later than one year after the 

17 date of the enactment of this Act, the Secretary 

18 shall submit to the Committee on Science, Space, 

19 and Technology of the House of Representatives, 

20 and the Committee on Energy and Natural Re21 sources of the Senate, a report on the development 

22 and implementation of the strategy outlined in para23 graph (1). 


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1 (c) APPLIED MATHEMATICS AND SOFTWARE DEVEL2 OPMENT FOR HIGH-END COMPUTING SYSTEMS, COM3 PUTATIONAL, AND COMPUTER SCIENCES RESEARCH.— 

4 (1) IN GENERAL.—The Director shall carry out 

5 activities to develop, test, and support— 

6 (A) mathematics, models, statistics, and al7 gorithms for modeling complex systems on ad8 vanced computing architectures; and 

9 (B) tools, languages, programming envi10 ronments, and operations for high-end com11 puting systems (as defined in section 2 of the 

12 American Super Computing Leadership Act (15 

13 U.S.C. 5541), as renamed by this section). 

14 (2) PORTFOLIO BALANCE.—The Director shall 

15 maintain a balanced portfolio within the advanced 

16 scientific computing research and development pro17 gram established under section 976 of the Energy 

18 Policy Act of 2005 (42 U.S.C. 16316) that supports 

19 robust investment in— 

20 (A) applied mathematical, computational, 

21 and computer sciences research needs relevant 

22 to the mission of the Department, including ac23 tivities related to data science, artificial intel24 ligence, scientific machine learning, quantum 


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1 information science, and other emerging areas; 

2 and 

3 (B) associated high-performance com4 puting hardware and facilities. 

5 (d) ENERGY EFFICIENT COMPUTING PROGRAM.— 

6 (1) IN GENERAL.—The Secretary shall support 

7 a program of fundamental research, development, 

8 and demonstration of energy efficient computing 

9 technologies relevant to advanced computing applica10 tions in high performance computing, artificial intel11 ligence, and scientific machine learning. 

12 (2) EXECUTION.— 

13 (A) PROGRAM.—In carrying out the pro14 gram, the Secretary shall— 

15 (i) establish a partnership for Na16 tional Laboratories, industry partners, and 

17 institutions of higher education for co18 design of energy efficient hardware, tech19 nology, software, and applications across 

20 all applicable program offices of the De21 partment; 

22 (ii) develop hardware and software 

23 technologies that decrease the energy needs 

24 of advanced computing practices; 


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1 (iii) consider multiple heterogeneous 

2 computing architectures, including neuro3 morphic computing, persistent computing, 

4 and ultrafast networking; and 

5 (iv) provide, as appropriate, on a com6 petitive, merit-reviewed basis, access for re7 searchers from institutions of higher edu8 cation, National Laboratories, industry, 

9 and other Federal agencies to the energy 

10 efficient computing technologies developed 

11 pursuant to clause (i). 

12 (B) SELECTION OF PARTNERS.—In select13 ing participants for the partnership established 

14 under subparagraph (A)(i), the Secretary shall 

15 select participants through a competitive, merit16 review process. 

17 (3) REPORT.—Not later than one year after the 

18 date of the enactment of this Act, the Secretary 

19 shall submit to the Committee on Science, Space, 

20 and Technology of the House of Representatives, 

21 and the Committee on Energy and Natural Re22 sources of the Senate, a report on— 

23 (A) the activities conducted under subpara24 graph (A); and 


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1 (B) the coordination and management of 

2 the Program to ensure an integrated research 

3 program across the Department. 

4 (e) ARTIFICIAL INTELLIGENCE, DATA ANALYTICS, 

5 AND COMPUTATIONAL RESEARCH.— 

6 (1) IN GENERAL.—The Secretary shall carry 

7 out a program to develop tools for big data analytics 

8 by utilizing data sets generated by Federal agencies, 

9 institutions of higher education, nonprofit research 

10 organizations, and industry in order to advance arti11 ficial intelligence technologies to solve complex, big 

12 data challenges. The Secretary shall carry out this 

13 program through a competitive, merit-reviewed proc14 ess, and consider applications from National Labora15 tories, institutions of higher education, multi-institu16 tional collaborations, and other appropriate entities. 

17 (2) PROGRAM COMPONENTS.—In carrying out 

18 the program established under paragraph (1), the 

19 Secretary shall— 

20 (A) establish a cross-cutting research ini21 tiative to prevent duplication and coordinate re22 search efforts in artificial intelligence and data 

23 analytics across the Department; 

24 (B) conduct basic research in modeling 

25 and simulation, artificial intelligence, machine 


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1 learning, large-scale data analytics, natural lan2 guage processing, and predictive analysis in 

3 order to develop novel or optimized predictive 

4 algorithms suitable for high-performance com5 puting systems and large biomedical data sets; 

6 (C) develop multivariate optimization mod7 els to accommodate large data sets with vari8 able quality and scale in order to visualize com9 plex systems; 

10 (D) establish multiple scientific computing 

11 user facilities to serve as data enclaves capable 

12 of securely storing data sets created by Federal 

13 agencies, institutions of higher education, non14 profit organizations, or industry at National 

15 Laboratories; and 

16 (E) promote collaboration and data shar17 ing between National Laboratories, research en18 tities, and user facilities of the Department by 

19 providing the necessary access and secure data 

20 transfer capabilities. 

21 (3) REPORT.—Not later than 2 years after the 

22 date of the enactment of this Act, the Secretary 

23 shall submit to the Committee on Science, Space, 

24 and Technology of the House of Representatives and 

25 the Committee on Energy and Natural Resources of 


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1 the Senate a report evaluating the effectiveness of 

2 the pilot program under paragraph (1), including 

3 basic research discoveries achieved in the course of 

4 the program and potential opportunities to expand 

5 the technical capabilities of the Department through 

6 the development of artificial intelligence and data 

7 analytics technologies. 

8 (f) ENERGY SCIENCES NETWORK.— 

9 (1) IN GENERAL.—The Secretary shall provide 

10 for an upgrade to the Energy Sciences Network user 

11 facility in order to meet Federal research needs for 

12 highly reliable data transport capabilities optimized 

13 for the requirements of large-scale science. 

14 (2) CAPABILITIES.—In carrying out paragraph 

15 (1), the Secretary shall ensure the following capabili16 ties: 

17 (A) To provide high bandwidth scientific 

18 networking across the continental United States 

19 and the Atlantic Ocean. 

20 (B) To maximize network reliability. 

21 (C) To protect the network and data from 

22 cyber-attacks. 

23 (D) To support exponentially increasing 

24 levels of data from the Department’s scientific 

25 user facilities, experiments, and sensors. 


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1 (E) To integrate heterogeneous computing 

2 frameworks and systems. 

3 (g) QUANTUM SCIENCE NETWORK.—The Secretary 

4 shall provide for a program to support the research, devel5 opment, and demonstration of a quantum computing net6 work, which shall operate as a national user facility. 

7 (h) WORKFORCE DEVELOPMENT.—The Director of 

8 the Office of Advanced Scientific Computing Research 

9 shall support the development of a computational science 

10 workforce through a program that— 

11 (1) facilitates collaboration between university 

12 students and researchers at the National Labora13 tories; and 

14 (2) endeavors to advance science in areas rel15 evant to the mission of the Department through the 

16 application of computational science. 

17 SEC. 204. HIGH ENERGY PHYSICS. 

18 (a) PROGRAM.—The Director shall carry out a re19 search program on the fundamental constituents of matter 

20 and energy and the nature of space and time in order to 

21 support theoretical and experimental research in both ele22 mentary particle physics and fundamental accelerator 

23 science and technology and understand fundamental prop24 erties of the universe. 


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1 (b) LONG-BASELINE NEUTRINO FACILITY FOR DEEP

2 UNDERGROUND NEUTRINO EXPERIMENT.— 

3 (1) IN GENERAL.—The Secretary shall provide 

4 for a Long-Baseline Neutrino Facility to facilitate 

5 the international Deep Underground Neutrino Ex6 periment to enable a program in neutrino physics to 

7 measure the fundamental properties of neutrinos, ex8 plore physics beyond the Standard Model, and better 

9 clarify the nature of matter and antimatter. 

10 (2) FACILITY CAPABILITIES.—The Secretary 

11 shall ensure that the facility described in paragraph 

12 (1) will provide, at a minimum, the following capa13 bilities: 

14 (A) A neutrino beam with wideband capa15 bility of 1.2 megawatts (MW) of beam power 

16 and upgradable to 2.4 MW of beam power. 

17 (B) Four caverns excavated for a 70 kil18 oton fiducial detector mass and supporting sur19 face buildings and utilities. 

20 (C) Neutrino detector facilities at both the 

21 Far Site in South Dakota and the Near Site in 

22 Illinois to categorize and study neutrinos on 

23 their 800-mile journey between the two sites. 

24 (D) Cryogenic systems to support neutrino 

25 detectors. 


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1 (3) START OF OPERATIONS.—The Secretary 

2 shall, to the maximum extent practicable, ensure 

3 that the start of full operations of the facility under 

4 this subsection occurs before December 31, 2026. 

5 (4) FUNDING.—Out of funds authorized to be 

6 appropriated under section 209 for High Energy 

7 Physics, there shall be made available to the Sec8 retary to carry out activities, including construction 

9 of the facility, under this subsection— 

10 (A) $175,000,000 for fiscal year 2020; 

11 (B) $225,000,000 for fiscal year 2021; 

12 (C) $250,000,000 for fiscal year 2022; 

13 (D) $250,000,000 for fiscal year 2023; 

14 (E) $250,000,000 for fiscal year 2024; 

15 (F) $250,000,000 for fiscal year 2025; 

16 (G) $250,000,000 for fiscal year 2026; 

17 (H) $250,000,000 for fiscal year 2027; 

18 (I) $194,000,000 for fiscal year 2028; and 

19 (J) $82,000,000 for fiscal year 2029. 

20 (c) PROTON IMPROVEMENT PLAN–II ACCELERATOR

21 UPGRADE PROJECT.— 

22 (1) IN GENERAL.—The Secretary of Energy 

23 shall provide for the Proton Improvement Plan II 

24 (PIP–II), an upgrade to the Fermilab accelerator 

25 complex identified in the 2014 Particle Physics 


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1 Project Prioritization Panel (P5) report titled 

2 ‘‘Building for Discovery’’, to provide the world’s 

3 most intense beam of neutrinos to the international 

4 LBNF/DUNE experiment as well as a broad range 

5 of future high energy physics experiments. The Sec6 retary of Energy shall work with international part7 ners to provide key contributions. 

8 (2) FACILITY CAPABILITIES.—The Secretary 

9 shall ensure that the facility described in paragraph 

10 (1) will provide, at a minimum, the following capa11 bilities: 

12 (A) A state-of-the-art 800 megaelectron 

13 volt (MeV) superconducting linear accelerator. 

14 (B) Proton beam power of 1.2 MW at the 

15 start of LBNF/DUNE, upgradeable to 2.4 MW 

16 of beam power. 

17 (C) A flexible design to enable high power 

18 beam delivery to multiple users simultaneously 

19 and customized beams tailored to specific sci20 entific needs. 

21 (D) Sustained high reliability operation of 

22 the Fermilab accelerator complex. 

23 (3) START OF OPERATIONS.—The Secretary 

24 shall, to the maximum extent practicable, ensure 


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1 that the start of full operations of the facility under 

2 this section occurs before December 31, 2027. 

3 (4) FUNDING.—Out of funds authorized to be 

4 appropriated under section 209 for High Energy 

5 Physics, there shall be made available to the Sec6 retary to carry out activities, including construction 

7 of the facility, under this subsection— 

8 (A) $60,000,000 for fiscal year 2020; 

9 (B) $120,000,000 for fiscal year 2021; 

10 (C) $120,000,000 for fiscal year 2022; 

11 (D) $120,000,000 for fiscal year 2023; 

12 (E) $120,000,000 for fiscal year 2024; 

13 (F) $115,000,000 for fiscal year 2025; 

14 (G) $85,000,000 for fiscal year 2026; and 

15 (H) $45,000,000 for fiscal year 2027. 

16 (d) INTERNATIONAL COLLABORATION.—Section 

17 305(b) of the Department of Energy Research and Inno18 vation Act (42 U.S.C. 18643(b)) is amended to read as 

19 follows: 

20 ‘‘(b) INTERNATIONAL COLLABORATION.—The Direc21 tor shall— 

22 ‘‘(1) as practicable and in coordination with 

23 other appropriate Federal agencies as necessary, en24 sure the access of United States researchers to the 

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1 pabilities in the world, including the Large Hadron 

2 Collider; 

3 ‘‘(2) to the maximum extent practicable, con4 tinue to leverage United States participation in the 

5 Large Hadron Collider, and prioritize expanding 

6 international partnerships and investments in the 

7 Long-Baseline Neutrino Facility/Deep Underground 

8 Neutrino Experiment; and 

9 ‘‘(3) to the maximum extent practicable, 

10 prioritize engagement in collaborative efforts in sup11 port of future international facilities that would pro12 vide access to United States researchers of the most 

13 advanced accelerator facilities in the world.’’. 

14 (e) ACCELERATOR AND DETECTOR UPGRADES.—The 

15 Director shall upgrade accelerator facilities and detectors, 

16 as necessary and appropriate, to increase beam power, 

17 sustain high reliability, and improve precision measure18 ment to advance the highest priority particle physics re19 search programs. In carrying out facility upgrades, the Di20 rector shall continue to work with international partners, 

21 when appropriate and in the United States interest, to le22 verage investments and expertise in critical technologies 

23 to maintain leading facilities in the United States. 

24 (f) ACCELERATOR AND DETECTOR RESEARCH AND

25 DEVELOPMENT.—The Director shall carry out a program 


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1 in accelerator and detector research and development, in 

2 order to develop and deploy next generation technologies 

3 to support discovery science in particle physics. 

4 (g) RESEARCH COLLABORATIONS.—In developing ac5 celerator technologies under the program authorized in 

6 subsection (e), the Director shall— 

7 (1) consider the requirements necessary to sup8 port translational research and development for 

9 medical, industrial, security, and defense applica10 tions; and 

11 (2) leverage investments in accelerator tech12 nologies and basic research in particle physics by 

13 partnering with institutes of higher education, indus14 try, and other Federal agencies to help commer15 cialize technologies with promising applications. 

16 SEC. 205. BIOLOGICAL AND ENVIRONMENTAL RESEARCH. 

17 (a) PROGRAM.—The Director shall carry out a pro18 gram of basic research in the areas of biological systems 

19 science and environmental science relevant to the develop20 ment of new energy technologies and to support Depart21 ment missions in energy, environment, and national secu22 rity. 

23 (b) BIOENERGY RESEARCH CENTERS.— 

24 (1) IN GENERAL.—In carrying out activities 

25 under subsection (a), the Director shall select and 


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1 establish up to four bioenergy research centers to 

2 conduct basic and fundamental research in plant 

3 and microbial systems biology, bio imaging and anal4 ysis, and genomics to inform the production of fuels, 

5 chemicals from sustainable biomass resources, and 

6 to facilitate the translation of basic research results 

7 to industry. 

8 (2) SELECTION.—The Director shall select cen9 ters under paragraph (1) on a competitive, merit-re10 viewed basis. The Director shall consider applica11 tions from National Laboratories, multi-institutional 

12 collaborations, and other appropriate entities. 

13 (3) DURATION.—A center established under 

14 this subsection shall receive support for a period of 

15 not more than 5 years, subject to the availability of 

16 appropriations. 

17 (4) EXISTING CENTERS.—The Director may se18 lect a center for participation under this subsection 

19 that is in existence, or undergoing a renewal process, 

20 on the date of enactment of this Act. Such center 

21 shall be eligible to receive support for the duration 

22 the 5-year period beginning on the date of establish23 ment of such center. 

24 (5) RENEWAL.—Upon the expiration of any pe25 riod of support of a center under this subsection, the 


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1 Director may renew support for the center, on a 

2 merit-reviewed basis, for a period of not more than 

3 5 years. 

4 (6) TERMINATION.—Consistent with the exist5 ing authorities of the Department, the Director may 

6 terminate an underperforming center for cause dur7 ing the performance period. 

8 (c) LOW-DOSE RADIATION RESEARCH PROGRAM.— 

9 (1) IN GENERAL.—The Secretary shall carry 

10 out a basic research program on low-dose and low 

11 dose-rate radiation to— 

12 (A) enhance the scientific understanding 

13 of, and reduce uncertainties associated with, the 

14 effects of exposure to low-dose and low dose15 rate radiation; and 

16 (B) inform improved risk-assessment and 

17 risk-management methods with respect to such 

18 radiation. 

19 (2) PROGRAM COMPONENTS.—In carrying out 

20 the program required under paragraph (1), the Sec21 retary shall— 

22 (A) formulate scientific goals for low-dose 

23 radiation and low dose-rate radiation basic re24 search in the United States; 


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1 (B) identify ongoing scientific challenges 

2 for understanding the long-term effects of ion3 izing radiation on biological systems; 

4 (C) develop a long-term strategic and 

5 prioritized basic research agenda to address 

6 such scientific challenges in coordination with 

7 other research efforts; 

8 (D) identify and, to the extent possible, 

9 quantify, potential monetary and health-related 

10 benefits to Federal agencies, the general public, 

11 industry, research communities, and other users 

12 of information produced by such research pro13 gram; 

14 (E) leverage the collective body of knowl15 edge from existing low-dose and low dose-rate 

16 radiation research; and 

17 (F) engage with other Federal agencies, 

18 research communities, and potential users of in19 formation produced under this section, includ20 ing institutions concerning radiation research, 

21 medical physics, radiology, health physics, and 

22 emergency response. 

23 (3) COORDINATION.—In carrying out the pro24 gram required under paragraph (1), the Secretary, 

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1 committee of the National Science and Technology 

2 Council, shall— 

3 (A) support the directives under section 

4 106 of the American Innovation and Competi5 tiveness Act (42 U.S.C. 6601 note); 

6 (B) ensure that the Office of Science of 

7 the Department of Energy consults and coordi8 nates with the National Aeronautics and Space 

9 Administration, the National Institutes of 

10 Health, the Environmental Protection Agency, 

11 the Department of Defense, the Nuclear Regu12 latory Commission, and the Department of 

13 Homeland Security; 

14 (C) advise and assist the National Science 

15 and Technology Council on policies and initia16 tives in radiation biology, including enhancing 

17 scientific knowledge of the effects of low-dose 

18 and low dose-rate radiation on biological sys19 tems to improve radiation risk-assessment and 

20 risk-management methods; and 

21 (D) identify opportunities to stimulate 

22 international cooperation relating to low-dose 

23 and low dose-rate radiation and leverage re24 search and knowledge from sources outside of 

25 the United States. 


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1 (4) RESEARCH PLAN.—Not later than 180 days 

2 after the date of enactment of this Act, the Sec3 retary shall transmit to the Committee on Science, 

4 Space, and Technology of the House of Representa5 tives and the Committee on Energy and Natural Re6 sources of the Senate a 4-year research plan that 

7 identifies and prioritizes basic research needs relat8 ing to low-dose and low dose-rate radiation. In devel9 oping such plan, the Secretary shall incorporate the 

10 components described in paragraph (2). 

11 (5) LOW-DOSE RADIATION DEFINED.—In this 

12 section, the term ‘‘low-dose radiation’’ means a radi13 ation dose of less than 100 millisieverts. 

14 (6) LOW DOSE-RATE RADIATION DEFINED.—In 

15 this section, the term ‘‘low dose-rate radiation’’ 

16 means a radiation dose rate of less than 5 

17 millisieverts per hour. 

18 (7) RULE OF CONSTRUCTION.—Nothing in this 

19 section shall be construed to subject any research 

20 carried out by the Secretary for the program under 

21 this section to any limitations described in section 

22 977(e). 

23 (8) FUNDING.—For purposes of carrying out 

24 this section, the Secretary is authorized to make 


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1 available from funds provided to the Biological and 

2 Environmental Research Program— 

3 (A) $20,000,000 for fiscal year 2020; 

4 (B) $20,000,000 for fiscal year 2021; 

5 (C) $30,000,000 for fiscal year 2022; 

6 (D) $30,000,000 for fiscal year 2023; 

7 (E) $40,000,000 for fiscal year 2024; 

8 (F) $40,000,000 for fiscal year 2025; 

9 (G) $50,000,000 for fiscal year 2026; 

10 (H) $50,000,000 for fiscal year 2027; 

11 (I) $60,000,000 for fiscal year 2028; and 

12 (J) $60,000,000 for fiscal year 2029. 

13 (d) EARTH AND ENVIRONMENTAL SYSTEMS RE14 SEARCH.— 

15 (1) IN GENERAL.—The Director shall carry out 

16 a program of fundamental research to develop high17 resolution Earth system modeling, analysis, and 

18 intercomparison capabilities, in order to further the 

19 understanding of the biological, biogeochemical, and 

20 physical processes across the multiple scales that 

21 control the flux of environmentally relevant com22 pounds between the terrestrial surface and the at23 mosphere. 


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1 (2) PRIORITIZATION.—In carrying out the pro2 gram authorized under paragraph (1), the Director 

3 shall prioritize— 

4 (A) the development of software and algo5 rithms to enable the productive application of 

6 environmental systems models in high-perform7 ance computing systems; and 

8 (B) capabilities that support the Depart9 ment’s mission needs for energy and infrastruc10 ture security, resilience, and reliability. 

11 (3) USER FACILITIES.— 

12 (A) IN GENERAL.—In carrying out the ac13 tivities authorized under paragraph (1), the Di14 rector shall establish and operate user facilities 

15 to advance the collection, validation, and anal16 ysis of atmospheric data, including activities to 

17 advance knowledge and improve model rep18 resentations and measure the impact of atmos19 pheric gases, aerosols, and clouds on earth and 

20 environmental systems. 

21 (B) EXISTING FACILITIES.—To the max22 imum extent practicable, the Director shall uti23 lize existing facilities to carry out this sub24 section. 


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1 (C) SELECTION.—The Director shall select 

2 user facilities under paragraph (1) on a com3 petitive, merit-reviewed basis. The Director 

4 shall consider applications from the National 

5 Laboratories, institutes of higher education, 

6 multi-institutional collaborations, and other ap7 propriate entities. 

8 (D) TERMINATION.—Consistent with the 

9 existing authorities of the Department, the Di10 rector may terminate an underperforming user 

11 facility for cause during the performance pe12 riod. 

13 (4) COORDINATION.—In carrying out the pro14 gram authorized in paragraph (1), the Director shall 

15 ensure that the Office of Science— 

16 (A) consults and coordinates with the Na17 tional Oceanic Atmospheric Administration, the 

18 Environmental Protection Agency, and any 

19 other relevant Federal agency on the collection, 

20 validation, and analysis of atmospheric data; 

21 and 

22 (B) coordinates with relevant stakeholders, 

23 including institutes of higher education, non24 profit research institutions, industry, State, 

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1 priate entities to ensure access to the best avail2 able relevant atmospheric and historical weath3 er data. 

4 (e) COASTAL ZONE RESEARCH INITIATIVE.— 

5 (1) IN GENERAL.—The Director shall carry out 

6 a basic research program to enhance the under7 standing of coastal ecosystems. In carrying out this 

8 program, the Director shall prioritize efforts to en9 hance the collection of observational data, and shall 

10 develop models to analyze the ecological, biogeo11 chemical, hydrological and physical processes that 

12 interact in coastal zones. 

13 (2) NATIONAL SYSTEM FOR COASTAL DATA

14 COLLECTION.—The Director shall establish an inte15 grated system of field research sites in order to im16 prove the quantity and quality of observational data, 

17 and that encompass at least three of the major land18 water interfaces of the United States, including— 

19 (A) the Great Lakes region; 

20 (B) the Pacific coast; 

21 (C) the Atlantic coast; 

22 (D) the Arctic; and 

23 (E) the Gulf coast. 

24 (3) EXISTING INFRASTRUCTURE.—In carrying 

25 out the programs and establishing the field research 


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1 sites under paragraph (1) and (2), the Secretary 

2 shall leverage existing Department of Energy R&D 

3 infrastructure, including the Department’s existing 

4 marine sciences lab. 

5 (4) COORDINATION.—For the purposes of car6 rying out the programs and establishing the field re7 search sites under the Initiative, the Secretary may 

8 enter into agreements with Federal Departments 

9 and agencies with complementary capabilities. 

10 (5) REPORT.—Not less than 2 years after the 

11 date of the enactment of this Act, the Director shall 

12 provide to the Committee on Science, Space, and 

13 Technology and the Committee on Appropriations of 

14 the House of Representatives and the Committee on 

15 Energy and Natural Resources and the Committee 

16 on Appropriations of the Senate a report examining 

17 whether the system described in this section should 

18 be established as a National User Facility. 

19 (f) BIOLOGICAL AND ENVIRONMENTAL RESEARCH

20 USER FACILITIES.— 

21 (1) IN GENERAL.—The Director shall carry out 

22 a program for the development, construction, oper23 ation, and maintenance of user facilities to enhance 

24 the collection and analysis of observational data reVerDate Sep 11 2014 02:00 Feb 11, 2020 Jkt 099200 PO 00000 Frm 00053 Fmt 6652 Sfmt 6201 E:\BILLS\H5685.IH H5685

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1 lated to complex biological, earth, and environmental 

2 systems. 

3 (2) FACILITY REQUIREMENTS.—To the max4 imum extent practicable, the user facilities devel5 oped, constructed, operated, or maintained under 

6 paragraph (1) shall include— 

7 (A) distributed field research and observa8 tion platforms for understanding earth system 

9 processes; 

10 (B) instruments and modeling resources 

11 for understanding the physical, chemical, and 

12 cellular processes of biological and environ13 mental systems; 

14 (C) integrated high-throughput sequencing, 

15 DNA design and synthesis, metabolomics and 

16 computational analysis; and 

17 (D) such other facilities as the Director 

18 considers appropriate, consistent with section 

19 209 of the Department of Energy Organization 

20 Act (42 U.S.C. 7139). 

21 (3) EXISTING FACILITIES.—In carrying out the 

22 program established in paragraph (1), the Director 

23 is encouraged to evaluate the capabilities of existing 

24 user facilities and, to the maximum extent pracVerDate Sep 11 2014 02:00 Feb 11, 2020 Jkt 099200 PO 00000 Frm 00054 Fmt 6652 Sfmt 6201 E:\BILLS\H5685.IH H5685

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1 ticable, invest in modernization of those capabilities 

2 to address emerging research priorities. 

3 SEC. 206. FUSION ENERGY. 

4 (a) PROGRAM.—The Director shall carry out a fusion 

5 energy sciences research program to expand the under6 standing of plasmas and matter at very high temperatures 

7 and densities and build the science and engineering foun8 dation needed to develop a fusion energy source. 

9 (b) PUBLIC-PRIVATE PARTNERSHIPS.— 

10 (1) IN GENERAL.—In carrying out the program 

11 authorized in subsection (a), the Secretary shall, to 

12 the maximum extent practicable, make available fu13 sion energy science infrastructure to industry part14 ners in order to achieve faster and cost-effective de15 velopment of fusion energy technologies toward com16 mercial readiness. In carrying out this subsection, 

17 the Secretary shall make available— 

18 (A) experimental capabilities and testing 

19 facilities; 

20 (B) computational capabilities, modeling 

21 and simulation tools; 

22 (C) access to existing datasets and data 

23 validation tools; and 

24 (D) land use and site information for dem25 onstration facilities. 


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1 (2) SELECTION.— 

2 (A) IN GENERAL.—The Secretary shall se3 lect industry partners for awards on a competi4 tive, merit-reviewed basis. 

5 (B) CONSIDERATIONS.—In selecting indus6 try stakeholders under subparagraph (A), the 

7 Secretary shall consider— 

8 (i) the information disclosed by the 

9 Department under this subsection; and 

10 (ii) any existing facilities the Depart11 ment will provide for public-private part12 nership activities. 

13 (3) TERM.—An award made to an industry 

14 partner under this section shall be for a period of 

15 not more than 5 years, subject to the availability of 

16 appropriations, after which the award may be re17 newed, subject to a rigorous merit review. 

18 (c) HIGH-PERFORMANCE COMPUTATION COLLABO19 RATIVE RESEARCH PROGRAM.— 

20 (1) IN GENERAL.—The Secretary shall carry 

21 out a program to conduct and support collaborative 

22 research, development, and demonstration of fusion 

23 energy technologies, through high-performance com24 putation modeling and simulation techniques, in 

25 order to— 


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1 (A) support basic science research in plas2 mas and matter at very high temperatures and 

3 densities; 

4 (B) inform the development of a broad 

5 range of fusion energy systems; and 

6 (C) facilitate the translation of basic re7 search results in fusion energy science to indus8 try. 

9 (2) COORDINATION.—In carrying out the pro10 gram under paragraph (1), the Secretary shall co11 ordinate with relevant Federal agencies, and 

12 prioritize the following objectives: 

13 (A) Using expertise from the private sec14 tor, institutions of higher education, and the 

15 National Laboratories to develop computational 

16 software and capabilities that prospective users 

17 may accelerate research and development of fu18 sion energy systems. 

19 (B) Developing computational tools to sim20 ulate and predict fusion energy science phe21 nomena that may be validated through physical 

22 experimentation. 

23 (C) Increasing the utility of the research 

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1 nating with the Advanced Scientific Computing 

2 Research program within the Office of Science. 

3 (D) Leveraging experience from existing 

4 modeling and simulation entities sponsored by 

5 the Department. 

6 (E) Ensuring that new experimental and 

7 computational tools are accessible to relevant 

8 research communities, including private sector 

9 entities engaged in fusion energy technology de10 velopment. 

11 (3) DUPLICATION.—The Secretary shall ensure 

12 the coordination of, and avoid unnecessary duplica13 tion of, the activities of this program with the activi14 ties of— 

15 (A) other research entities of the Depart16 ment, including the National Laboratories, the 

17 Advanced Research Projects Agency–Energy, 

18 the Advanced Scientific Computing Research 

19 program; and 

20 (B) industry. 

21 (4) HIGH-PERFORMANCE COMPUTING FOR FU22 SION INNOVATION HUB.—In carrying out the pro23 gram under paragraph (1), the Secretary shall es24 tablish and operate a national High-Performance 

25 Computing for Fusion Innovation Hub (referred to 


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1 in this section as the ‘‘Hub’’), which shall focus on 

2 the early stage research and development activities 

3 described under paragraph (1). 

4 (d) SELECTION.—The Secretary shall select the Hub 

5 under this subsection on a competitive, merit-reviewed 

6 basis. The Secretary shall consider applications from Na7 tional Laboratories, institutions of higher education, 

8 multi-institutional collaborations, and other appropriate 

9 entities. 

10 (e) DURATION.—The Hub established under this sub11 section shall receive support for a period of not more than 

12 5 years, subject to the availability of appropriations. 

13 (f) RENEWAL.—Upon the expiration of any period of 

14 support of the Hub, the Secretary may renew support for 

15 the Hub, on a merit-reviewed basis, for a period of not 

16 more than 5 years. 

17 (g) TERMINATION.—Consistent with the existing au18 thorities of the Department, the Secretary may terminate 

19 the Hub for cause during the performance period. 

20 (h) TOKAMAK RESEARCH AND DEVELOPMENT.—Sec21 tion 307(b) of the Department of Energy Research and 

22 Innovation Act (42 U.S.C. 18645(b)) is amended to read 

23 as follows: 

24 ‘‘(b) TOKAMAK RESEARCH AND DEVELOPMENT.— 


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1 ‘‘(1) IN GENERAL.—The Director shall support 

2 research and development activities and facility oper3 ations to optimize the tokamak approach to fusion 

4 energy. 

5 ‘‘(2) INTERNATIONAL THERMONUCLEAR EXPER6 IMENTAL REACTOR CONSTRUCTION.— 

7 ‘‘(A) IN GENERAL.—There is authorized 

8 United States participation in the construction 

9 and operations of the ITER project, as agreed 

10 to under the April 25, 2007 ‘Agreement on the 

11 Establishment of the ITER International Fu12 sion Energy Organization for the Joint Imple13 mentation of the ITER Project’. 

14 ‘‘(B) FACILITY REQUIREMENTS.—The Sec15 retary shall ensure that the mission-oriented 

16 user facility will enable the study of a burning 

17 plasma, and shall be built to have the following 

18 characteristics in its full configuration: 

19 ‘‘(i) A tokamak device with a plasma 

20 radius of 6.2 meters and a magnetic field 

21 of 5.3 T. 

22 ‘‘(ii) Capable of creating and sus23 taining a 15-million-Ampere plasma cur24 rent for greater than 300 seconds. 


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1 ‘‘(C) AUTHORIZATION OF APPROPRIA2 TIONS.—From within funds authorized to be 

3 appropriated under section 209 of the Securing 

4 American Leadership in Science and Tech5 nology Act of 2020 for Fusion Energy Sciences, 

6 there are authorized to carry out this para7 graph— 

8 ‘‘(i) $242,000,000 for fiscal year 

9 2020; 

10 ‘‘(ii) $290,400,000 for fiscal year 

11 2021; 

12 ‘‘(iii) $338,800,000 for fiscal year 

13 2022; 

14 ‘‘(iv) $387,200,000 for fiscal year 

15 2023; 

16 ‘‘(v) $435,600,000 for fiscal year 

17 2024; 

18 ‘‘(vi) $484,000,000 for fiscal year 

19 2025; 

20 ‘‘(vii) $435,600,000 for fiscal year 

21 2026; 

22 ‘‘(viii) $387,200,000 for fiscal year 

23 2027; 

24 ‘‘(ix) $338,800,000 for fiscal year 

25 2028; and 


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1 ‘‘(x) $290,400,000 for fiscal year 

2 2029.’’. 

3 (i) INERTIAL FUSION ENERGY RESEARCH AND DE4 VELOPMENT PROGRAM.—Section 307(c) of the Depart5 ment of Energy Research and Innovation Act (42 U.S.C. 

6 18645(c)) is amended to read as follows: 

7 ‘‘(c) INERTIAL FUSION RESEARCH AND DEVELOP8 MENT.— 

9 ‘‘(1) IN GENERAL.—The Director shall carry 

10 out a program of research and technology develop11 ment in inertial fusion for energy applications, in12 cluding ion beam, laser, and pulsed power fusion 

13 systems. 

14 ‘‘(2) LASER RESEARCH INITIATIVE.—The Di15 rector shall establish a high intensity laser research 

16 program consistent with the recommendations of the 

17 National Academy of Science Report, ‘Opportunities 

18 in Intense Ultrafast Lasers: Reaching for the 

19 Brightest Light’ and the Brightest Light Initiative 

20 workshop report. This program shall include re21 search to develop petawatt-scale laser technologies 

22 necessary to facilitate discovery science and to ad23 vance energy technologies, and to restore U.S. lead24 ership in high intensity laser facilities.’’. 


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1 (j) ALTERNATIVE AND ENABLING CONCEPTS.—Sec2 tion 307(d) of the Department of Energy Research and 

3 Innovation Act (42 U.S.C. 18645(d)) is amended as fol4 lows: 

5 ‘‘(d) ALTERNATIVE AND ENABLING CONCEPTS.— 

6 ‘‘(1) IN GENERAL.—As part of the program de7 scribed in subsection (a), the Director shall support 

8 research and development activities and facility oper9 ations at United States universities, national labora10 tories, and private facilities for a portfolio of alter11 native and enabling fusion energy concepts that may 

12 provide solutions to significant challenges to the es13 tablishment of a commercial magnetic fusion power 

14 plant, prioritized based on the ability of the United 

15 States to play a leadership role in the international 

16 fusion research community. 

17 ‘‘(2) ACTIVITIES.—Fusion energy concepts and 

18 activities explored under this paragraph may in19 clude— 

20 ‘‘(A) high magnetic field approaches facili21 tated by high temperature superconductors; 

22 ‘‘(B) advanced stellarator concepts; 

23 ‘‘(C) non-tokamak confinement configura24 tions operating at low magnetic fields; 


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1 ‘‘(D) magnetized target fusion energy con2 cepts; 

3 ‘‘(E) liquid metals to address issues associ4 ated with fusion plasma interactions with the 

5 inner wall of the encasing device; 

6 ‘‘(F) immersion blankets for heat manage7 ment and fuel breeding; 

8 ‘‘(G) advanced scientific computing activi9 ties; and 

10 ‘‘(H) other promising fusion energy con11 cepts identified by the Director.’’. 

12 SEC. 207. NUCLEAR PHYSICS. 

13 Section 308 of the Department of Energy Research 

14 and Innovation Act (42 U.S.C. 18646) is amended by in15 serting at the end the following: 

16 ‘‘(c) FACILITY FOR RARE ISOTOPE BEAMS.— 

17 ‘‘(1) IN GENERAL.—The Secretary shall provide 

18 for a Facility for Rare Isotope Beams to advance the 

19 understanding of rare nuclear isotopes and the evo20 lution of the cosmos. 

21 ‘‘(2) FACILITY CAPABILITY.—In carrying out 

22 paragraph (1), the Secretary shall provide for, at a 

23 minimum, a rare isotope beam facility capable of 

24 400 kW of beam power. 


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1 ‘‘(3) START OF OPERATIONS.—The Secretary 

2 shall, to the maximum extent practicable, ensure 

3 that the start of full operations of the facility under 

4 this subsection occurs before June 30, 2022. 

5 ‘‘(4) FUNDING.—Out of funds authorized to be 

6 appropriated under section 209 of the Securing 

7 American Leadership in Science and Technology Act 

8 of 2020 for Nuclear Physics, there shall be made 

9 available to the Secretary to carry out activities, in10 cluding construction of the facility, under this sub11 section— 

12 ‘‘(A) $64,000,000 for fiscal year 2020; 

13 ‘‘(B) $36,300,000 for fiscal year 2021; 

14 ‘‘(C) $24,000,000 for fiscal year 2022; 

15 ‘‘(D) $15,000,000 for fiscal year 2023; 

16 and 

17 ‘‘(E) $15,000,000 for fiscal year 2024. 

18 ‘‘(d) ELECTRON-ION COLLIDER.— 

19 ‘‘(1) IN GENERAL.—The Secretary shall provide 

20 for an Electron Ion Collider as described in the 

21 2015 Nuclear Science Advisory Committee’s Long 

22 Range Plan and endorsed by the report from the 

23 National Academies of Science, Engineering, and 

24 Medicine report titled ‘An Assessment of U.S.-Based 

25 Electron-Ion Collider Science’, in order to measure 


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1 the internal structure of the proton and the nucleus 

2 and answer fundamental questions about the nature 

3 of visible matter. 

4 ‘‘(2) FACILITY CAPABILITY.—The Secretary 

5 shall ensure that the facility meets the requirements 

6 in the 2015 Long Range Plan, including— 

7 ‘‘(A) at least 70 percent polarized beams 

8 of electrons and light ions; 

9 ‘‘(B) ion beams from deuterium to the 

10 heaviest nuclei; 

11 ‘‘(C) variable center of mass energy from 

12 20 to 140 GeV; high luminosity of 1033–1034 

13 cm–2s–1; and 

14 ‘‘(D) the possibility of more than one 

15 interaction region. 

16 ‘‘(3) START OF OPERATIONS.—The Secretary 

17 shall, to the maximum extent practicable, ensure 

18 that the start of full operations of the facility under 

19 this section occurs before December 31, 2030.’’. 

20 SEC. 208. SCIENCE LABORATORIES INFRASTRUCTURE PRO21 GRAM. 

22 Section 309 of the Department of Energy Research 

23 and Innovation Act of 2018 (42 U.S.C. 18647) is amend24 ed by adding at the end the following: 


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1 ‘‘(c) USE OF AVAILABLE APPROACHES AND MECHA2 NISMS.—In carrying out this section, the Director shall 

3 utilize all available approaches and mechanisms, including 

4 capital line items, minor construction projects, energy sav5 ings performance contracts, utility energy service con6 tracts, alternative financing, and expense funding, as ap7 propriate. 

8 ‘‘(d) MID-SCALE INSTRUMENTATION PROGRAM.— 

9 The Director shall establish a mid-scale instrumentation 

10 program to enable the development and acquisition of 

11 novel, state-of-the-art instruments that would significantly 

12 accelerate scientific breakthroughs at national laboratory 

13 user facilities.’’. 

14 SEC. 209. AUTHORIZATION OF APPROPRIATIONS. 

15 (a) FISCAL YEAR 2020.—There are authorized to be 

16 appropriated to the Secretary for the Office of Science for 

17 fiscal year 2020 $7,000,000,000, of which— 

18 (1) $2,213,000,000 shall be for Basic Energy 

19 Science; 

20 (2) $1,045,000,000 shall be for High Energy 

21 Physics; 

22 (3) $750,000,000 shall be for Biological and 

23 Environmental Research; 

24 (4) $713,000,000 shall be for Nuclear Physics; 


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1 (5) $980,000,000 shall be for Advanced Sci2 entific Computing Research; 

3 (6) $671,000,000 shall be for Fusion Energy 

4 Sciences; 

5 (7) $301,000,000 shall be for Science Labora6 tories Infrastructure; 

7 (8) $186,300,000 shall be for Science Program 

8 Direction; 

9 (9) $112,700,000 shall be for Safeguards and 

10 Security; and 

11 (10) $28,000,000 shall be for Workforce Devel12 opment for Teachers and Scientists. 

13 (b) FISCAL YEAR 2021.—There are authorized to be 

14 appropriated to the Secretary for the Office of Science for 

15 fiscal year 2021 $7,900,940,874, of which— 

16 (1) $2,685,840,000 shall be for Basic Energy 

17 Science; 

18 (2) $1,135,584,317 shall be for High Energy 

19 Physics; 

20 (3) $816,925,453 shall be for Biological and 

21 Environmental Research; 

22 (4) $799,544,060 shall be for Nuclear Physics; 

23 (5) $1,160,020,000 shall be for Advanced Sci24 entific Computing Research; 


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1 (6) $699,360,000 shall be for Fusion Energy 

2 Sciences; 

3 (7) $279,468,000 shall be for Science Labora4 tories Infrastructure; 

5 (8) $190,393,200 shall be for Science Program 

6 Direction; 

7 (9) $110,396,844 shall be for Safeguards and 

8 Security; and 

9 (10) $23,409,000 shall be for Workforce Devel10 opment for Teachers and Scientists. 

11 (c) FISCAL YEAR 2022.—There are authorized to be 

12 appropriated to the Secretary for the Office of Science for 

13 fiscal year 2022 $8,559,100,770, of which— 

14 (1) $2,945,760,000 shall be for Basic Energy 

15 Science; 

16 (2) $1,213,376,476 shall be for High Energy 

17 Physics; 

18 (3) $872,888,179 shall be for Biological and 

19 Environmental Research; 

20 (4) $854,316,090 shall be for Nuclear Physics; 

21 (5) $1,272,280,000 shall be for Advanced Sci22 entific Computing Research; 

23 (6) $767,040,000 shall be for Fusion Energy 

24 Sciences; 


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1 (7) $302,757,000 shall be for Science Labora2 tories Infrastructure; 

3 (8) $194,201,064 shall be for Science Program 

4 Direction; 

5 (9) $112,604,781 shall be for Safeguards and 

6 Security; and 

7 (10) $23,877,180 shall be for Workforce Devel8 opment for Teachers and Scientists. 

9 (d) FISCAL YEAR 2023.—There are authorized to be 

10 appropriated to the Secretary for the Office of Science for 

11 fiscal year 2023 $9,217,390,345, of which— 

12 (1) $3,205,680,000 shall be for Basic Energy 

13 Science; 

14 (2) $1,291,168,634 shall be for High Energy 

15 Physics; 

16 (3) $928,850,905 shall be for Biological and 

17 Environmental Research; 

18 (4) $909,088,120 shall be for Nuclear Physics; 

19 (5) $1,384,540,000 shall be for Advanced Sci20 entific Computing Research; 

21 (6) $834,720,000 shall be for Fusion Energy 

22 Sciences; 

23 (7) $326,046,000 shall be for Science Labora24 tories Infrastructure; 


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1 (8) $198,085,085 shall be for Science Program 

2 Direction; 

3 (9) $114,856,876 shall be for Safeguards and 

4 Security; and 

5 (10) $24,354,724 shall be for Workforce Devel6 opment for Teachers and Scientists. 

7 (e) FISCAL YEAR 2024.—There are authorized to be 

8 appropriated to the Secretary for the Office of Science for 

9 fiscal year 2024 $9,875,812,193, of which— 

10 (1) $3,465,600,000 shall be for Basic Energy 

11 Science; 

12 (2) $1,368,960,793 shall be for High Energy 

13 Physics; 

14 (3) $984,813,632 shall be for Biological and 

15 Environmental Research; 

16 (4) $963,860,150 shall be for Nuclear Physics; 

17 (5) $1,496,800,000 shall be for Advanced Sci18 entific Computing Research; 

19 (6) $902,400,000 shall be for Fusion Energy 

20 Sciences; 

21 (7) $349,335,000 shall be for Science Labora22 tories Infrastructure; 

23 (8) $202,046,787 shall be for Science Program 

24 Direction; 


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1 (9) $117,154,014 shall be for Safeguards and 

2 Security; and 

3 (10) $24,841,818 shall be for Workforce Devel4 opment for Teachers and Scientists. 

5 (f) FISCAL YEAR 2025.—There are authorized to be 

6 appropriated to the Secretary for the Office of Science for 

7 fiscal year 2025 $10,534,368,961, of which— 

8 (1) $3,725,520,000 shall be for Basic Energy 

9 Science; 

10 (2) $1,446,752,951 shall be for High Energy 

11 Physics; 

12 (3) $1,040,776,358 shall be for Biological and 

13 Environmental Research; 

14 (4) $1,018,632,180 shall be for Nuclear Phys15 ics; 

16 (5) $1,609,060,000 shall be for Advanced Sci17 entific Computing Research; 

18 (6) $970,080,000 shall be for Fusion Energy 

19 Sciences; 

20 (7) $372,624,000 shall be for Science Labora21 tories Infrastructure; 

22 (8) $206,087,723 shall be for Science Program 

23 Direction; 

24 (9) $119,497,094 shall be for Safeguards and 

25 Security; and 


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1 (10) $25,338,654 shall be for Workforce Devel2 opment for Teachers and Scientists. 

3 (g) FISCAL YEAR 2026.—There are authorized to be 

4 appropriated to the Secretary for the Office of Science for 

5 fiscal year 2026 $11,193,063,345, of which— 

6 (1) $3,985,440,000 shall be for Basic Energy 

7 Science; 

8 (2) $1,524,545,110 shall be for High Energy 

9 Physics; 

10 (3) $1,096,739,084 shall be for Biological and 

11 Environmental Research; 

12 (4) $1,073,404,210 shall be for Nuclear Phys13 ics; 

14 (5) $1,721,320,000 shall be for Advanced Sci15 entific Computing Research; 

16 (6) $1,037,760,000 shall be for Fusion Energy 

17 Sciences; 

18 (7) $395,913,000 shall be for Science Labora19 tories Infrastructure; 

20 (8) $210,209,477 shall be for Science Program 

21 Direction; 

22 (9) $121,887,036 shall be for Safeguards and 

23 Security; and 

24 (10) $25,845,428 shall be for Workforce Devel25 opment for Teachers and Scientists. 


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1 (h) FISCAL YEAR 2027.—There are authorized to be 

2 appropriated to the Secretary for the Office of Science for 

3 fiscal year 2027 $11,851,898,099, of which— 

4 (1) $4,245,360,000 shall be for Basic Energy 

5 Science; 

6 (2) $1,602,337,268 shall be for High Energy 

7 Physics; 

8 (3) $1,152,701,810 shall be for Biological and 

9 Environmental Research; 

10 (4) $1,128,176,240 shall be for Nuclear Phys11 ics; 

12 (5) $1,833,580,000 shall be for Advanced Sci13 entific Computing Research; 

14 (6) $1,105,440,000 shall be for Fusion Energy 

15 Sciences; 

16 (7) $419,202,000 shall be for Science Labora17 tories Infrastructure; 

18 (8) $214,413,667 shall be for Science Program 

19 Direction; 

20 (9) $124,324,777 shall be for Safeguards and 

21 Security; and 

22 (10) $26,362,336 shall be for Workforce Devel23 opment for Teachers and Scientists. 


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1 (i) FISCAL YEAR 2028.—There are authorized to be 

2 appropriated to the Secretary for the Office of Science for 

3 fiscal year 2028 $12,510,876,029, of which— 

4 (1) $4,505,280,000 shall be for Basic Energy 

5 Science; 

6 (2) $1,680,129,427 shall be for High Energy 

7 Physics; 

8 (3) $1,208,664,537 shall be for Biological and 

9 Environmental Research; 

10 (4) $1,182,948,270 shall be for Nuclear Phys11 ics; 

12 (5) $1,945,840,000 shall be for Advanced Sci13 entific Computing Research; 

14 (6) $1,173,120,000 shall be for Fusion Energy 

15 Sciences; 

16 (7) $442,491,000 shall be for Science Labora17 tories Infrastructure; 

18 (8) $218,701,940 shall be for Science Program 

19 Direction; 

20 (9) $126,811,272 shall be for Safeguards and 

21 Security; and 

22 (10) $26,889,583 shall be for Workforce Devel23 opment for Teachers and Scientists. 


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1 (j) FISCAL YEAR 2029.—There are authorized to be 

2 appropriated to the Secretary for the Office of Science for 

3 fiscal year 2029 $13,170,000,000, of which— 

4 (1) $4,765,200,000 shall be for Basic Energy 

5 Science; 

6 (2) $1,757,921,586 shall be for High Energy 

7 Physics; 

8 (3) $1,264,627,263 shall be for Biological and 

9 Environmental Research; 

10 (4) $1,237,720,300 shall be for Nuclear Phys11 ics; 

12 (5) $2,058,100,000 shall be for Advanced Sci13 entific Computing Research; 

14 (6) $1,240,800,000 shall be for Fusion Energy 

15 Sciences; 

16 (7) $465,780,000 shall be for Science Labora17 tories Infrastructure; 

18 (8) $223,075,979 shall be for Science Program 

19 Direction; 

20 (9) $129,347,498 shall be for Safeguards and 

21 Security; and 

22 (10) $27,427,374 shall be for Workforce Devel23 opment for Teachers and Scientists. 


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1 Subtitle B—Advanced Research 

2 Projects Agency–Energy 

3 SEC. 211. ADVANCED RESEARCH PROJECTS AGENCY–EN4 ERGY. 

5 (a) ESTABLISHMENT.—Section 5012(b) of the Amer6 ica COMPETES Act (42 U.S.C. 16538(b)) is amended 

7 by striking ‘‘development of energy technologies’’ and in8 serting ‘‘development of transformative science and tech9 nology solutions to address energy, environmental, eco10 nomic, and national security challenges’’. 

11 (b) GOALS.—Section 5012(c) of the America COM12 PETES Act (42 U.S.C. 16538(c)) is amended— 

13 (1) by striking paragraph (1)(A) and inserting 

14 the following: 

15 ‘‘(A) to enhance the economic and energy 

16 security of the United States through the devel17 opment of energy technologies that— 

18 ‘‘(i) reduce imports of energy from 

19 foreign sources; 

20 ‘‘(ii) reduce energy-related emissions, 

21 including greenhouse gases; 

22 ‘‘(iii) improve the energy efficiency of 

23 all economic sectors; 


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1 ‘‘(iv) provide transformative solutions 

2 to improve the management, clean-up, and 

3 disposal of— 

4 ‘‘(I) low-level radioactive waste; 

5 ‘‘(II) spent nuclear fuel; and 

6 ‘‘(III) high-level radioactive 

7 waste; 

8 ‘‘(v) improve efficiency and reduce the 

9 environmental impact of all forms of en10 ergy production; 

11 ‘‘(vi) improve the resiliency, reliability, 

12 and security of the electric grid; and 

13 ‘‘(vii) address other challenges within 

14 the mission of the Department as deter15 mined by the Secretary; and’’; and 

16 (2) in paragraph (2), in the matter preceding 

17 subparagraph (A), by striking ‘‘energy technology 

18 projects’’ and inserting ‘‘advanced technology 

19 projects’’. 

20 (c) RESPONSIBILITIES.—Section 5012(e)(3)(A) of 

21 the America COMPETES Act (42 U.S.C. 

22 16538(e)(3)(A)) is amended by striking ‘‘energy’’. 

23 (d) REPORTS AND ROADMAPS.—Section 5012(h) of 

24 the America COMPETES Act (42 U.S.C. 16538(h)) is 

25 amended to read as follows: 


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1 ‘‘(h) ANNUAL REPORT.— 

2 ‘‘(1) IN GENERAL.—As part of the annual 

3 budget request submitted for each fiscal year, the 

4 Director shall provide to the relevant authorizing 

5 and appropriations committees of Congress a report 

6 that— 

7 ‘‘(A) describes projects supported by 

8 ARPA–E during the previous fiscal year; 

9 ‘‘(B) identifies and includes an analysis of 

10 projects supported by ARPA–E during the pre11 vious fiscal year that demonstrate duplication of 

12 other activities funded by the Department; and 

13 ‘‘(C) describes current, proposed, and 

14 planned projects to be carried out pursuant to 

15 subsection (e)(3)(D). 

16 ‘‘(2) STRATEGIC VISION ROADMAP.—Beginning 

17 with the report submitted with respect to fiscal year 

18 2020, and every 4 fiscal years thereafter, the report 

19 required under paragraph (1) shall include a road20 map describing the strategic vision that ARPA–E 

21 will use to guide the choices of ARPA–E for future 

22 technology investments over the following 4 fiscal 

23 years.’’. 


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1 (e) COORDINATION AND NONDUPLICATION.—Section 

2 5012(i)(1) of the America COMPETES Act (42 U.S.C. 

3 16538(i)(1)) is amended to read as follows: 

4 ‘‘(1) IN GENERAL.—To the maximum extent 

5 practicable, the Director shall ensure that— 

6 ‘‘(A) the activities of ARPA–E are coordi7 nated with, and do not duplicate the efforts of, 

8 programs and laboratories within the Depart9 ment and other relevant research agencies; and 

10 ‘‘(B) ARPA–E does not provide funding 

11 for a project unless the prospective grantee 

12 demonstrates sufficient attempts to secure pri13 vate financing or indicates that the project is 

14 not independently commercially viable.’’. 

15 (f) EVALUATION.—Section 5012(l) of the America 

16 COMPETES Act (42 U.S.C. 16538(l)) is amended— 

17 (1) by striking paragraph (1) and inserting the 

18 following: 

19 ‘‘(1) IN GENERAL.—Not later than 3 years 

20 after the date of enactment of the Securing Amer21 ican Leadership in Science and Technology Act of 

22 2020, the Secretary is authorized to enter into a 

23 contract with a third-party entity to conduct an eval24 uation of how well ARPA–E is achieving the goals 

25 and mission of ARPA–E.’’; and 


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1 (2) in paragraph (2)— 

2 (A) by striking ‘‘shall’’ and inserting 

3 ‘‘may’’; and 

4 (B) by striking ‘‘the recommendation of 

5 the National Academy of Sciences’’ and insert6 ing ‘‘a recommendation’’. 

7 (g) AUTHORIZATION OF APPROPRIATIONS.—Para8 graph (2) of section 5012(o) of the America COMPETES 

9 Act (42 U.S.C. 16538(o)) is amended to read as follows: 

10 ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.— 

11 Subject to paragraph (4), there are authorized to be 

12 appropriated to the Director for deposit in the Fund 

13 without fiscal year limitation— 

14 ‘‘(A) $392,800,000 for fiscal year 2020; 

15 ‘‘(B) $419,600,000 for fiscal year 2021; 

16 ‘‘(C) $446,400,000 for fiscal year 2022; 

17 ‘‘(D) $473,200,000 for fiscal year 2023; 

18 ‘‘(E) $500,000,000 for fiscal year 2024; 

19 ‘‘(F) $600,000,000 for fiscal year 2025; 

20 ‘‘(G) $700,000,000 for fiscal year 2026; 

21 ‘‘(H) $800,000,000 for fiscal year 2027; 

22 ‘‘(I) $900,000,000 for fiscal year 2028; 

23 and 

24 ‘‘(J) $1,000,000,000 for fiscal year 

25 2029.’’. 


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1 (h) TECHNICAL AMENDMENTS.—Section 

2 5012(g)(3)(A)(iii) of the America COMPETES Act (42 

3 U.S.C. 16538(g)(3)(A)(iii)) is amended by striking ‘‘sub4 part’’ each place it appears and inserting ‘‘subparagraph’’. 

5 Subtitle C—DOE Clean Energy 

6 Infrastructure 

7 SEC. 221. REGIONAL ENERGY INNOVATION CENTERS. 

8 (a) DEFINITIONS.—In this section: 

9 (1) ADVANCED ENERGY TECHNOLOGY.—The 

10 term ‘‘advanced energy technology’’ means— 

11 (A) an innovative technology— 

12 (i) that produces energy from solar, 

13 wind, geothermal, biomass, tidal, wave, 

14 ocean, or other renewable energy resources; 

15 (ii) that produces nuclear energy; 

16 (iii) for carbon capture and sequestra17 tion; 

18 (iv) that enables advanced vehicles, 

19 vehicle components, and related tech20 nologies that result in significant energy 

21 savings; 

22 (v) that generates, transmits, distrib23 utes, uses, or stores energy more efficiently 

24 than conventional technologies, including 

25 through Smart Grid technologies; or 


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1 (vi) that enhances the energy inde2 pendence and security of the United States 

3 by enabling improved or expanded supply 

4 and production of domestic energy re5 sources, including coal, oil, and natural 

6 gas; 

7 (B) a research, development, demonstra8 tion, or commercial application activity nec9 essary to ensure the long-term, secure, and sus10 tainable supply of an energy critical element; or 

11 (C) any other innovative energy technology 

12 area identified by the Secretary. 

13 (2) QUALIFYING ENTITY.—The term ‘‘quali14 fying entity’’ means— 

15 (A) an institution of higher education; 

16 (B) an appropriate State or Federal entity, 

17 including a federally funded research and devel18 opment center of the Department; 

19 (C) a nonprofit research institution; 

20 (D) a multi-institutional collaboration; or 

21 (E) any other relevant entity the Secretary 

22 determines appropriate. 

23 (b) AUTHORIZATION OF PROGRAM.— 

24 (1) IN GENERAL.— 


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1 (A) The Secretary shall carry out a pro2 gram to enhance the economic, environmental, 

3 and energy security of the United States by es4 tablishing and operating Regional Energy Inno5 vation Centers in diverse regions of the United 

6 States, in order to provide, to the maximum ex7 tent practicable, one centralized location for 

8 multidisciplinary, collaborative research, devel9 opment, and demonstration of advanced energy 

10 technologies most suited to commercial applica11 tion in each region of the United States. 

12 (B) In establishing the centers authorized 

13 in subparagraph (A), the Secretary shall con14 sider the diverse natural resources available 

15 throughout the United States, and maximize 

16 the opportunities for cooperation between insti17 tutes of higher education, industry, State and 

18 local governments, and nonprofit research insti19 tutions with shared areas of energy expertise. 

20 (2) TECHNOLOGY DEVELOPMENT FOCUS.—The 

21 Secretary shall designate for each center a unique 

22 advanced energy technology or basic research focus. 

23 In establishing focus areas for each center, the Sec24 retary shall consider the energy needs, resources, 


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1 and expertise available in each region of the United 

2 States. 

3 (3) COORDINATION.—The Secretary shall en4 sure the coordination of, and avoid unnecessary du5 plication of, the activities of each center with the ac6 tivities of— 

7 (A) other research entities of the Depart8 ment, including the National Laboratories, the 

9 Advanced Research Projects Agency–Energy, 

10 Energy Innovation Hubs, and Energy Frontier 

11 Research Centers; and 

12 (B) industry. 

13 (c) APPLICATION PROCESS.— 

14 (1) ELIGIBILITY.—To be eligible to receive an 

15 award for the establishment and operation of a cen16 ter established under subsection (b)(1)(A), a consor17 tium shall— 

18 (A) be composed of not fewer than two 

19 qualifying entities; 

20 (B) operate subject to a binding agree21 ment, entered into by each member of the con22 sortium, that documents— 

23 (i) the proposed partnership agree24 ment, including the governance and man25 agement structure of the center; 


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1 (ii) measures the consortium will un2 dertake to enable cost-effective implemen3 tation of activities under the program de4 scribed in subsection (b)(1); and 

5 (iii) a proposed budget, including fi6 nancial contributions from non-Federal 

7 sources; and 

8 (C) operate as a nonprofit organization. 

9 (2) SELECTION.—The Secretary shall consider 

10 applications from qualifying entities, and select cen11 ters authorized under subsection (b)(1)(A) on a 

12 competitive, merit-reviewed basis. 

13 (3) DURATION.—A center established under 

14 this section shall receive support for a period of not 

15 more than 5 years, subject to the availability of ap16 propriations. 

17 (4) RENEWAL.—Upon the expiration of any pe18 riod of support of a center under this section, the 

19 Director may renew support for the center, on a 

20 merit-reviewed basis, for a period of not more than 

21 5 years. 

22 (5) TERMINATION.—Consistent with the exist23 ing authorities of the Department, the Director may 

24 terminate an underperforming center for cause dur25 ing the performance period. 


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1 (d) CENTER OPERATIONS.— 

2 (1) IN GENERAL.—Each center shall conduct or 

3 provide for multidisciplinary, collaborative research, 

4 development, demonstration of advanced energy 

5 technologies within the technology development focus 

6 designated under subsection (b)(2). 

7 (2) ACTIVITIES.—Each center shall— 

8 (A) encourage collaboration and commu9 nication among the member qualifying entities 

10 of the consortium and awardees; 

11 (B) develop and make publicly available 

12 proposed plans and programs; and 

13 (C) submit an annual report to the De14 partment summarizing the activities of the cen15 ter, including— 

16 (i) detailing organizational expendi17 tures; and 

18 (ii) describing each project under19 taken by the center. 

20 (3) CONFLICTS OF INTEREST.—Each center 

21 shall maintain conflict of interest procedures, con22 sistent with the conflict of interest procedures of the 

23 Department. 

24 (4) PROHIBITION ON CONSTRUCTION.— 


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1 (A) IN GENERAL.—Except as provided in 

2 subparagraph (B)— 

3 (i) no funds provided under this sec4 tion may be used for construction of new 

5 buildings or facilities for centers; and 

6 (ii) construction of new buildings or 

7 facilities shall not be considered as part of 

8 the non-Federal share of a Hub cost-shar9 ing agreement. 

10 (B) TEST BED AND RENOVATION EXCEP11 TION.—Nothing in this paragraph prohibits the 

12 use of funds provided under this section or non13 Federal cost share funds for the construction of 

14 a test bed or renovations to existing user facili15 ties if the Secretary determines such facilities 

16 are necessary and applicable to conduct re17 search within the focus areas identified for each 

18 center. 

19 SEC. 222. VERSATILE NEUTRON SOURCE. 

20 (a) IN GENERAL.—The Secretary of Energy shall 

21 construct a versatile reactor-based fast neutron source, 

22 which shall operate as a national user facility. The Sec23 retary shall consult with the private sector, universities, 

24 National Laboratories, and relevant Federal agencies to 

25 ensure that the versatile neutron source is capable of 


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1 meeting Federal research needs for neutron irradiation 

2 services. 

3 (b) FACILITY CAPABILITIES.— 

4 (1) CAPABILITIES.—The Secretary shall ensure 

5 that the facility described in subsection (a) will pro6 vide, at a minimum, the following capabilities: 

7 (A) Fast neutron spectrum irradiation ca8 pability. 

9 (B) Capacity for upgrades to accommodate 

10 new or expanded research needs. 

11 (2) CONSIDERATIONS.—In carrying out para12 graph (1), the Secretary shall consider the following: 

13 (A) Capabilities that support experimental 

14 high-temperature testing. 

15 (B) Providing a source of fast neutrons at 

16 a neutron flux higher than that at which exist17 ing research facilities operate, sufficient to en18 able research for an optimal base of prospective 

19 users. 

20 (C) Maximizing irradiation flexibility and 

21 irradiation volume to accommodate as many 

22 concurrent users as possible. 

23 (D) Capabilities for irradiation with neu24 trons of a lower energy spectrum. 


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1 (E) Multiple loops for fuels and materials 

2 testing of different coolants. 

3 (F) Capabilities that support irradiating 

4 and processing targets for isotope production. 

5 (G) Additional pre-irradiation and post-ir6 radiation examination capabilities. 

7 (H) Lifetime operating costs and lifecycle 

8 costs. 

9 (c) START OF OPERATIONS.—The Secretary shall, to 

10 the maximum extent practicable, ensure that the start of 

11 full operations of the facility under this section occurs be12 fore December 31, 2025. 

13 (d) FUNDING.—There are authorized to be appro14 priated to the Secretary for the Office of Nuclear Energy 

15 to carry out to completion the construction of the facility 

16 under this section— 

17 (1) $200,000,000 for fiscal year 2020; 

18 (2) $260,000,000 for fiscal year 2021; 

19 (3) $340,000,000 for fiscal year 2022; 

20 (4) $350,000,000 for fiscal year 2023; 

21 (5) $350,000,000 for fiscal year 2024; 

22 (6) $350,000,000 for fiscal year 2025; 

23 (7) $200,000,000 for fiscal year 2026; 

24 (8) $150,000,000 for fiscal year 2027; 

25 (9) $100,000,000 for fiscal year 2028; and 


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1 (10) $50,000,000 for fiscal year 2029. 

2 SEC. 223. CARBON UTILIZATION RESEARCH AND DEVELOP3 MENT INFRASTRUCTURE. 

4 (a) IN GENERAL.—The Secretary shall carry out a 

5 program to conduct basic and fundamental research in 

6 materials science, chemistry, subsurface instrumentation, 

7 and data analysis to inform the research, development, 

8 and demonstration of carbon capture, storage, and utiliza9 tion technologies and techniques, and to facilitate the 

10 translation of basic research results to industry. 

11 (b) COORDINATION.—In carrying out program under 

12 subsection (a), the Secretary shall leverage expertise and 

13 resources and facilitate collaboration and coordination be14 tween— 

15 (1) the Office of Fossil Energy; and 

16 (2) the Office of Science. 

17 (c) CARBON UTILIZATION ENERGY INNOVATION

18 HUB.—In carrying out the program under subsection (a), 

19 the Secretary shall establish and operate a national Car20 bon Utilization Energy Innovation Hub (referred to in this 

21 section as the ‘‘Hub’’), which shall focus on early stage 

22 research and development activities including— 

23 (1) post-combustion and pre-combustion cap24 ture of carbon dioxide; 


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1 (2) advanced compression technologies for new 

2 and existing fossil fuel-fired power plants; 

3 (3) technologies to convert carbon dioxide to 

4 valuable products and commodities; and 

5 (4) advanced carbon dioxide storage tech6 nologies that consider a range of storage regimes. 

7 (d) SELECTION.—The Secretary shall select the Hub 

8 under this section on a competitive, merit-reviewed basis. 

9 The Secretary shall consider applications from National 

10 Laboratories, institutions of higher education, multi-insti11 tutional collaborations, and other appropriate entities. 

12 (e) DURATION.—The Hub established under this sec13 tion shall receive support for a period of not more than 

14 5 years, subject to the availability of appropriations. 

15 (f) RENEWAL.—Upon the expiration of any period of 

16 support of the Hub, the Secretary may renew support for 

17 the Hub, on a merit-reviewed basis, for a period of not 

18 more than 5 years. 

19 (g) TERMINATION.—Consistent with the existing au20 thorities of the Department, the Secretary may terminate 

21 the Hub for cause during the performance period. 

22 SEC. 224. FRONTIER OBSERVATORY FOR RESEARCH IN 

23 GEOTHERMAL ENERGY. 

24 (a) IN GENERAL.—The Secretary shall support the 

25 establishment and construction of up to 3 field research 


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1 sites operated by public or academic entities, which shall 

2 each be known as a ‘‘Frontier Observatory for Research 

3 in Geothermal Energy’’ or ‘‘FORGE’’ site to develop, test, 

4 and enhance techniques and tools for enhanced geothermal 

5 energy. 

6 (b) DUTIES.—The Secretary shall— 

7 (1) award grants in support of research and de8 velopment projects focused on advanced monitoring 

9 technologies, new technologies and approaches for 

10 implementing multi-zone stimulations, and dynamic 

11 reservoir modeling that incorporates all available 

12 high-fidelity characterization data; and 

13 (2) seek opportunities to coordinate efforts and 

14 share information with domestic and international 

15 partners engaged in research and development of 

16 geothermal systems and related technology. 

17 (c) SITE SELECTION.—Of the FORGE sites referred 

18 to in subsection (a), the Secretary shall— 

19 (1) consider applications through a competitive, 

20 merit-reviewed process, from National Laboratories, 

21 multi-institutional collaborations, institutes of higher 

22 education and other appropriate entities best suited 

23 to provide national leadership on geothermal related 

24 issues and perform the duties enumerated under 

25 subsection (b); and 


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1 (2) prioritize existing field sites and facilities 

2 with capabilities relevant to the duties enumerated 

3 under subsection (b). 

4 (d) FUNDING.—There is authorized to be appro5 priated to the Secretary to carry out the FORGE activities 

6 under this section— 

7 (1) $45,000,000 for fiscal year 2020; 

8 (2) $55,000,000 for fiscal year 2021; 

9 (3) $65,000,000 for fiscal year 2022; 

10 (4) $70,000,000 for fiscal year 2023; 

11 (5) $70,000,000 for fiscal year 2024; 

12 (6) $70,000,000 for fiscal year 2025; 

13 (7) $70,000,000 for fiscal year 2026; 

14 (8) $70,000,000 for fiscal year 2027; 

15 (9) $70,000,000 for fiscal year 2028; and 

16 (10) $70,000,000 for fiscal year 2029. 

17 (e) PORTFOLIO BALANCE.—In carrying out this sec18 tion, the Secretary shall consider the balance between 

19 funds dedicated to construction and operations and re20 search activities to reflect the state of site development. 

21 SEC. 225. ADVANCED ENERGY STORAGE INITIATIVE. 

22 (a) IN GENERAL.—The Secretary shall carry out a 

23 research initiative to be known as the ‘‘Advanced Energy 

24 Storage Initiative’’ (referred to in this section as the ‘‘Ini25 tiative’’) to support and accelerate the research, developVerDate Sep 11 2014 02:00 Feb 11, 2020 Jkt 099200 PO 00000 Frm 00094 Fmt 6652 Sfmt 6201 E:\BILLS\H5685.IH H5685

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1 ment, and demonstration of advanced energy storage tech2 nologies, in order to— 

3 (1) support basic research in capabilities that 

4 enable temporal flexibility in the conversion of en5 ergy resources to useful energy services; 

6 (2) inform the development of a broad range of 

7 energy storage systems; and 

8 (3) facilitate the translation of basic research 

9 results in energy storage to industry. 

10 (b) LEVERAGING.—In carrying out programs and ac11 tivities under the Initiative, the Secretary shall leverage 

12 expertise and resources and facilitate collaboration be13 tween— 

14 (1) the Office of Electricity; 

15 (2) the Office of Energy Efficiency and Renew16 able Energy; 

17 (3) the Office of Fossil Energy; 

18 (4) the Office of Nuclear Energy; and 

19 (5) the Basic Energy Sciences Program and 

20 Advanced Scientific Computing Program of the Of21 fice of Science. 

22 The Secretary may organize additional activities under 

23 this subsection through Energy Frontier Research Cen24 ters, Energy Innovation Hubs, or cross-cutting research 

25 programs. 


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1 (c) GRID SCALE ENERGY STORAGE USER FACILI2 TIES.—Not later than 180 days after the date of enact3 ment of this Act, the Secretary shall transmit to the Com4 mittee on Science, Space, and Technology of the House 

5 of Representatives and the Committee on Energy and 

6 Natural Resources of the Senate a 4-year research plan 

7 that identifies and prioritizes basic research needs relating 

8 to the development, construction, operation, and mainte9 nance of grid scale energy storage technology demonstra10 tion projects, which shall operate as national user facili11 ties. 

12 SEC. 226. CRITICAL INFRASTRUCTURE RESEARCH AND 

13 CONSTRUCTION. 

14 (a) IN GENERAL.—The Secretary shall carry out a 

15 program of fundamental research, development, and early16 stage demonstration of innovative engineered systems and 

17 tools to help ensure the resilience and security of critical 

18 integrated grid infrastructures. 

19 (b) COORDINATION.—In carrying out the program 

20 under subsection (a), the Secretary shall leverage expertise 

21 and resources and facilitate collaboration and coordination 

22 between— 

23 (1) the Office of Electricity; 

24 (2) the Office of Cybersecurity, Energy Secu25 rity, and Emergency Response; 


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1 (3) the Office of Science; 

2 (4) the Department of Defense; and 

3 (5) the Department of Homeland Security. 

4 (c) CRITICAL INFRASTRUCTURE TEST RANGE.—In 

5 carrying out the program under subsection (a), the Sec6 retary shall establish and operate a Critical Infrastructure 

7 Test Range (referred to in this section as the ‘‘Test 

8 Range’’) that allows for scalable physical and cyber per9 formance testing to be conducted on industry-scale infra10 structure systems. This facility shall include a focus on— 

11 (1) cyber security test beds; and 

12 (2) electric grid test beds. 

13 (d) SELECTION.—The Secretary shall select the Test 

14 Range under this section on a competitive, merit-reviewed 

15 basis. The Secretary shall consider applications from Na16 tional Laboratories, institutions of higher education, 

17 multi-institutional collaborations, and other appropriate 

18 entities. 

19 (e) DURATION.—The Test Range established under 

20 this section shall receive support for a period of not more 

21 than 5 years, subject to the availability of appropriations. 

22 (f) RENEWAL.—Upon the expiration of any period of 

23 support of the Test Range, the Secretary may renew sup24 port for the Test Range, on a merit-reviewed basis, for 

25 a period of not more than 5 years. 


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1 (g) TERMINATION.—Consistent with the existing au2 thorities of the Department, the Secretary may terminate 

3 the Test Range for cause during the performance period. 

4 TITLE III—NATIONAL INSTITUTE 

5 OF STANDARDS AND TECH6 NOLOGY 

7 SEC. 301. FINDINGS. 

8 Congress finds the following: 

9 (1) The National Institute of Standards and 

10 Technology (NIST) promotes United States innova11 tion and industrial competitiveness by advancing 

12 measurement science, standards and technology in 

13 ways that enhance economic security and improve 

14 Americans’ quality of life. 

15 (2) NIST’s leadership in a broad range of cut16 ting-edge scientific endeavors including but not lim17 ited to quantum science and engineering, cybersecu18 rity, biologics, artificial intelligence (AI), machine 

19 learning, additive manufacturing, disaster resilience, 

20 and international standards development is critical 

21 to America’s leadership in the industries of the fu22 ture. 

23 (3) NIST’s role as the Nation’s laboratory for 

24 industry is critical to maintaining the economic and 

25 national security of the United States. 


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1 SEC. 302. AUTHORIZATION OF APPROPRIATIONS. 

2 (a) FISCAL YEAR 2020.— 

3 (1) IN GENERAL.—There are authorized to be 

4 appropriated to the Secretary of Commerce 

5 $1,034,000,000 for the National Institute of Stand6 ards and Technology for fiscal year 2020. 

7 (2) SPECIFIC ALLOCATIONS.—Of the amount 

8 authorized by paragraph (1)— 

9 (A) $754,000,000 shall be for scientific 

10 and technical research and services laboratory 

11 activities, of which $9,000,000 may be trans12 ferred to the Working Capital Fund; 

13 (B) $118,000,000 shall be for the con14 struction and maintenance of facilities, of which 

15 $75,000,000 shall be for Safety, Capacity, 

16 Maintenance, and Major Repairs; and 

17 (C) $162,000,000 shall be for industrial 

18 technology services activities, of which 

19 $146,000,000 shall be for the Manufacturing 

20 Extension Partnership program under sections 

21 25 and 26 of the National Institute of Stand22 ards and Technology Act (15 U.S.C. 278k and 

23 278l) and $16,000,000 shall be for the Network 

24 for Manufacturing Innovation Program under 

25 section 34 of the National Institute of Stand26 ards and Technology Act (15 U.S.C. 278s). 


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1 (b) FISCAL YEAR 2021.— 

2 (1) IN GENERAL.—There are authorized to be 

3 appropriated to the Secretary of Commerce 

4 $1,240,400,000 for the National Institute of Stand5 ards and Technology for fiscal year 2021. 

6 (2) SPECIFIC ALLOCATIONS.—Of the amount 

7 authorized by paragraph (1)— 

8 (A) $869,400,000 shall be for scientific 

9 and technical research and services laboratory 

10 activities, of which $10,800,000 may be trans11 ferred to the Working Capital Fund; 

12 (B) $200,000,000 shall be for the con13 struction and maintenance of facilities, of which 

14 $120,000,000 shall be for Safety, Capacity, 

15 Maintenance, and Major Repairs, including 

16 $20,000,000 for IT infrastructure; and 

17 (C) $171,000,000 shall be for industrial 

18 technology services activities, of which 

19 $146,000,000 shall be for the Manufacturing 

20 Extension Partnership program under sections 

21 25 and 26 of the National Institute of Stand22 ards and Technology Act (15 U.S.C. 278k and 

23 278I) and $25,000,000 shall be for the Net24 work for Manufacturing Innovation Program 

25 under section 34 of the National Institute of 


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1 Standards and Technology Act (15 U.S.C. 

2 278s). 

3 (c) FISCAL YEAR 2022.— 

4 (1) IN GENERAL.—There are authorized to be 

5 appropriated to the Secretary of Commerce 

6 $1,315,250,000 for the National Institute of Stand7 ards and Technology for fiscal year 2022. 

8 (2) SPECIFIC ALLOCATIONS.—Of the amount 

9 authorized by paragraph (1)— 

10 (A) $941,850,000 shall be for scientific 

11 and technical research and services laboratory 

12 activities, of which $11,700,000 may be trans13 ferred to the Working Capital Fund; 

14 (B) $200,000,000 shall be for the con15 struction and maintenance of facilities, of which 

16 $120,000,000 shall be for Safety, Capacity, 

17 Maintenance, and Major Repairs, including 

18 $20,000,000 for IT infrastructure; and 

19 (C) $173,400,000 shall be for industrial 

20 technology services activities, of which 

21 $148,400,000 shall be for the Manufacturing 

22 Extension Partnership program under sections 

23 25 and 26 of the National Institute of Stand24 ards and Technology Act (15 U.S.C. 278k and 

25 278I) and $25,000,000 shall be for the NetVerDate Sep 11 2014 02:00 Feb 11, 2020 Jkt 099200 PO 00000 Frm 00101 Fmt 6652 Sfmt 6201 E:\BILLS\H5685.IH H5685

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1 work for Manufacturing Innovation Program 

2 under section 34 of the National Institute of 

3 Standards and Technology Act (15 U.S.C. 

4 278s). 

5 (d) FISCAL YEAR 2023.— 

6 (1) IN GENERAL.—There are authorized to be 

7 appropriated to the Secretary of Commerce 

8 $1,390,500,000 for the National Institute of Stand9 ards and Technology for fiscal year 2023. 

10 (2) SPECIFIC ALLOCATIONS.—Of the amount 

11 authorized by paragraph (1)— 

12 (A) $1,014,300,000 shall be for scientific 

13 and technical research and services laboratory 

14 activities, of which $12,600,000 may be trans15 ferred to the Working Capital Fund; 

16 (B) $200,000,000 shall be for the con17 struction and maintenance of facilities of which 

18 $120,000,000 shall be for Safety, Capacity, 

19 Maintenance, and Major Repairs, including 

20 $10,000,000 for IT infrastructure; and 

21 (C) $176,200,000 shall be for industrial 

22 technology services activities, of which 

23 $151,200,000 shall be for the Manufacturing 

24 Extension Partnership program under sections 

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1 ards and Technology Act (15 U.S.C. 278k and 

2 278I) and $25,000,000 shall be for the Net3 work for Manufacturing Innovation Program 

4 under section 34 of the National Institute of 

5 Standards and Technology Act (15 U.S.C. 

6 278s). 

7 (e) FISCAL YEAR 2024.— 

8 (1) IN GENERAL.—There are authorized to be 

9 appropriated to the Secretary of Commerce 

10 $1,465,750,000 for the National Institute of Stand11 ards and Technology for fiscal year 2024. 

12 (2) SPECIFIC ALLOCATIONS.—Of the amount 

13 authorized by paragraph (1)— 

14 (A) $1,086,750,000 shall be for scientific 

15 and technical research and services laboratory 

16 activities, of which $13,500,000 may be trans17 ferred to the Working Capital Fund; 

18 (B) $200,000,000 shall be for the con19 struction and maintenance of facilities, of which 

20 $120,000,000 shall be for Safety, Capacity, 

21 Maintenance, and Major Repairs, including 

22 $10,000,000 for IT infrastructure; and 

23 (C) $179,000,000 shall be for industrial 

24 technology services activities, of which 

25 $154,000,000 shall be for the Manufacturing 


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1 Extension Partnership program under sections 

2 25 and 26 of the National Institute of Stand3 ards and Technology Act (15 U.S.C. 278k and 

4 278I) and $25,000,000 shall be for the Net5 work for Manufacturing Innovation Program 

6 under section 34 of the National Institute of 

7 Standards and Technology Act (15 U.S.C. 

8 278s). 

9 (f) FISCAL YEAR 2025.— 

10 (1) IN GENERAL.—There are authorized to be 

11 appropriated to the Secretary of Commerce 

12 $1,541,000,000 for the National Institute of Stand13 ards and Technology for fiscal year 2025. 

14 (2) SPECIFIC ALLOCATIONS.—Of the amount 

15 authorized by paragraph (1)— 

16 (A) $1,159,200,000 shall be for scientific 

17 and technical research and services laboratory 

18 activities, of which $14,400,000 may be trans19 ferred to the Working Capital Fund; 

20 (B) $200,000,000 shall be for the con21 struction and maintenance of facilities, of which 

22 $120,000,000 shall be for Safety, Capacity, 

23 Maintenance, and Major Repairs, including 

24 $10,000,000 for IT infrastructure; and 


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1 (C) $181,800,000 shall be for industrial 

2 technology services activities, of which 

3 $156,800,000 shall be for the Manufacturing 

4 Extension Partnership program under sections 

5 25 and 26 of the National Institute of Stand6 ards and Technology Act (15 U.S.C. 278k and 

7 278I) and $25,000,000 shall be for the Net8 work for Manufacturing Innovation Program 

9 under section 34 of the National Institute of 

10 Standards and Technology Act (15 U.S.C. 

11 278s). 

12 (g) FISCAL YEAR 2026.— 

13 (1) IN GENERAL.—There are authorized to be 

14 appropriated to the Secretary of Commerce 

15 $1,616,250,000 for the National Institute of Stand16 ards and Technology for fiscal year 2026. 

17 (2) SPECIFIC ALLOCATIONS.—Of the amount 

18 authorized by paragraph (1)— 

19 (A) $1,213,650,000 shall be for scientific 

20 and technical research and services laboratory 

21 activities, of which $15,300,000 may be trans22 ferred to the Working Capital Fund; 

23 (B) $200,000,000 shall be for the con24 struction and maintenance of facilities, of which 

25 $120,000,000 shall be for Safety, Capacity, 


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1 Maintenance, and Major Repairs, including 

2 $10,000,000 for IT infrastructure; and 

3 (C) $184,600,000 shall be for industrial 

4 technology services activities, of which 

5 $159,600,000 shall be for the Manufacturing 

6 Extension Partnership program under sections 

7 25 and 26 of the National Institute of Stand8 ards and Technology Act (15 U.S.C. 278k and 

9 278I) and $25,000,000 shall be for the Net10 work for Manufacturing Innovation Program 

11 under section 34 of the National Institute of 

12 Standards and Technology Act (15 U.S.C. 

13 278s). 

14 (h) FISCAL YEAR 2027.— 

15 (1) IN GENERAL.—There are authorized to be 

16 appropriated to the Secretary of Commerce 

17 $1,691,500,000 for the National Institute of Stand18 ards and Technology for fiscal year 2027. 

19 (2) SPECIFIC ALLOCATIONS.—Of the amount 

20 authorized by paragraph (1)— 

21 (A) $1,304,100,000 shall be for scientific 

22 and technical research and services laboratory 

23 activities, of which $16,200,000 may be trans24 ferred to the Working Capital Fund; 


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1 (B) $200,000,000 shall be for the con2 struction and maintenance of facilities, of which 

3 $120,000,000 shall be for Safety, Capacity, 

4 Maintenance, and Major Repairs, including 

5 $10,000,000 for IT infrastructure; and 

6 (C) $187,400,000 shall be for industrial 

7 technology services activities, of which 

8 $162,400,000 shall be for the Manufacturing 

9 Extension Partnership program under sections 

10 25 and 26 of the National Institute of Stand11 ards and Technology Act (15 U.S.C. 278k and 

12 278I) and $25,000,000 shall be for the Net13 work for Manufacturing Innovation Program 

14 under section 34 of the National Institute of 

15 Standards and Technology Act (15 U.S.C. 

16 278s). 

17 (i) FISCAL YEAR 2028.— 

18 (1) IN GENERAL.—There are authorized to be 

19 appropriated to the Secretary of Commerce 

20 $1,766,750,000 for the National Institute of Stand21 ards and Technology for fiscal year 2028. 

22 (2) SPECIFIC ALLOCATIONS.—Of the amount 

23 authorized by paragraph (1)— 

24 (A) $1,376,550,000 shall be for scientific 

25 and technical research and services laboratory 


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1 activities, of which $17,100,000 may be trans2 ferred to the Working Capital Fund; 

3 (B) $200,000,000 shall be for the con4 struction and maintenance of facilities, of which 

5 $120,000,000 shall be for Safety, Capacity, 

6 Maintenance, and Major Repairs, including 

7 $10,000,000 for IT infrastructure; and 

8 (C) $190,200,000 shall be for industrial 

9 technology services activities, of which 

10 $165,200,000 shall be for the Manufacturing 

11 Extension Partnership program under sections 

12 25 and 26 of the National Institute of Stand13 ards and Technology Act (15 U.S.C. 278k and 

14 278I) and $25,000,000 shall be for the Net15 work for Manufacturing Innovation Program 

16 under section 34 of the National Institute of 

17 Standards and Technology Act (15 U.S.C. 

18 278s). 

19 (j) FISCAL YEAR 2029.— 

20 (1) IN GENERAL.—There are authorized to be 

21 appropriated to the Secretary of Commerce 

22 $1,842,000,000 for the National Institute of Stand23 ards and Technology for fiscal year 2029. 

24 (2) SPECIFIC ALLOCATIONS.—Of the amount 

25 authorized by paragraph (1)— 


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1 (A) $1,449,000,000 shall be for scientific 

2 and technical research and services laboratory 

3 activities, of which $18,000,000 may be trans4 ferred to the Working Capital Fund; 

5 (B) $200,000,000 shall be for the con6 struction and maintenance of facilities, of which 

7 $120,000,000 shall be for Safety, Capacity, 

8 Maintenance, and Major Repairs, including 

9 $10,000,000 for IT infrastructure; and 

10 (C) $193,000,000 shall be for industrial 

11 technology services activities, of which 

12 $168,000,000 shall be for the Manufacturing 

13 Extension Partnership program under sections 

14 25 and 26 of the National Institute of Stand15 ards and Technology Act (15 U.S.C. 278k and 

16 278I) and $25,000,000 shall be for the Net17 work for Manufacturing Innovation Program 

18 under section 34 of the National Institute of 

19 Standards and Technology Act (15 U.S.C. 

20 278s). 

21 SEC. 303. NIST FACILITIES MODERNIZATION FUND. 

22 (a) ESTABLISHMENT.—There is established in the 

23 Treasury of the United States a fund to be known as the 

24 ‘‘NIST Facilities Modernization Fund’’ (hereafter in this 

25 section referred to as the ‘‘Fund’’). 


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1 (b) USE OF FUNDS.—Amounts in the Fund shall be 

2 available to Secretary, acting through the Director, for 

3 Capital Projects on the National Institute of Standards 

4 and Technology’s campuses for the modernization and 

5 construction of research facilities needed to conduct lead6 ing edge scientific and technical research. 

7 (c) CONTENTS OF FUND.—The Funds shall consist 

8 of the following amounts: 

9 (1) Such amounts as may be appropriated by 

10 law. 

11 (2) Interest earned on the balance of the Fund. 

12 (d) AUTHORIZATION OF FUNDS.—Of the funds au13 thorized to be appropriated in section 302 of this Act for 

14 the construction and maintenance of facilities, 

15 $80,000,000 for each of the fiscal years 2021 through 

16 2029 shall be provided for the Fund established in sub17 section (a). 

18 (e) CONTINUING AVAILABILITY OF FUNDS.— 

19 Amounts in the Fund are available without regard to fiscal 

20 year limitation. 

21 (f) NOTIFICATION TO COMMITTEES.—Upon making 

22 any obligation or expenditure of any amount in the Fund, 

23 the Secretary, through the Director, shall notify the House 

24 of Representatives Science, Space, and Technology Com25 mittee, the Senate Committee on Commerce, Science, and 


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1 Transportation, the Committee on Appropriations of the 

2 House of Representatives and the Committee on Appro3 priations of the Senate of the amount and purpose of the 

4 obligation or expenditure. 

5 (g) NIST FACILITIES MODERNIZATION AND MAIN6 TENANCE PLAN.— 

7 (1) IN GENERAL.—To carry out the program 

8 authorized in subsection (a), the Secretary, acting 

9 through the Director, shall develop and submit to 

10 Congress a 5-year modernization and maintenance 

11 plan for the National Institute of Standards and 

12 Technology’s campuses. 

13 (2) TIMING.—The modernization and mainte14 nance plan required in paragraph (1) shall be sub15 mitted to Congress within 30 days of enactment of 

16 this Act, and updated on an annual basis. 

17 (3) PLAN ELEMENTS.—The Plan required in 

18 paragraph (1) shall include the following: 

19 (A) A list of Capitol Construction Projects 

20 expected to be undertaken in the next 5 years, 

21 the core capabilities these facilities will provide, 

22 anticipated schedule of construction, and antici23 pated funding requirements. 

24 (B) A list of planned utility infrastructure 

25 projects expected to be undertaken in the next 


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1 5 years, anticipated schedule of construction, 

2 and anticipated funding requirements. 

3 (C) A list of planned IT infrastructure 

4 projects expected to be undertaken in the next 

5 5 years, anticipated schedule of construction, 

6 and anticipated funding requirements. 

7 (D) A list of the deferred maintenance, a 

8 list of deferred maintenance projects expected 

9 to be undertaken in the next 5 years, antici10 pated schedule of construction, anticipated 

11 funding requirements, and an evaluation of 

12 progress made in reducing the deferred mainte13 nance backlog. 

14 SEC. 304. QUANTUM INFORMATION SCIENCE. 

15 The Director shall— 

16 (1) continue to support and expand basic quan17 tum information science and technology research 

18 and development of measurement and standards in19 frastructure necessary to advance commercial devel20 opment of quantum applications; 

21 (2) use its existing programs, in collaboration 

22 with other agencies, as appropriate, to train sci23 entists in quantum information science and tech24 nology to increase participation in the quantum 

25 fields; and 


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1 (3) establish or expand collaborative ventures or 

2 consortia with other public or private sector entities, 

3 including other Federal agencies engaged in quan4 tum information science research and development, 

5 academia, National Laboratories, and industry for 

6 the purpose of advancing the field of quantum infor7 mation science and engineering. 

8 SEC. 305. CYBERSECURITY RESEARCH. 

9 (a) RESEARCH.—The Secretary, acting through the 

10 Director, shall expand the fundamental and applied re11 search carried out by the Institute to address key ques12 tions relating the measurement of privacy, security, and 

13 vulnerability of software tools and communications net14 works, including through— 

15 (1) the development of research and engineering 

16 capabilities to provide practical solutions, including 

17 measurement techniques and engineering toolkits, to 

18 solve cybersecurity challenges such as human fac19 tors, identity management, network security, pri20 vacy, and software; 

21 (2) investment in tools to help private and pub22 lic sector organizations, including institutions of 

23 higher education and research organizations, meas24 ure and manage cybersecurity risks and ensure 


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1 workforce preparedness for new cybersecurity chal2 lenges; and 

3 (3) investment in programs to prepare the 

4 United States with strong cybersecurity and 

5 encryption technologies to apply to emerging tech6 nologies such as artificial intelligence, the internet of 

7 things, and quantum computing. 

8 (b) ASSISTANCE TO FEDERAL AGENCIES.—The Di9 rector shall enhance and expand the Institute’s guidance 

10 and assistance to Federal agencies to help agencies effec11 tively implement the Framework for Improving Critical 

12 Infrastructure Cybersecurity, including— 

13 (1) technical guidance on the requirements in 

14 the Executive order; 

15 (2) technical guidance and education and train16 ing of agency staff responsible for cyber security, 

17 consultative services, and other assistance at indi18 vidual Federal agencies; and 

19 (3) technical guidance and education and train20 ing of individual Federal agency Inspectors General 

21 and staff who are responsible for the annual inde22 pendent evaluation they are required to perform of 

23 the information security program and practices of 

24 Federal agencies under section 3555 of title 44, 

25 United States Code. 


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1 (c) REPORT.—The Director shall provide the House 

2 Science, Space, and Technology Committee and the Sen3 ate Committee on Commerce, Science, and Transportation 

4 a report, not later than 12 months after the date of the 

5 enactment of this Act, describing how the National Insti6 tute of Standards and Technology carried out the activi7 ties described in subsection (b) in as much detail as pos8 sible, including identification of agencies assisted and the 

9 types of consultative services, education, guidance, assist10 ance, and training provided to individual agencies and In11 spectors General. 

12 SEC. 306. ARTIFICIAL INTELLIGENCE AND DATA SCIENCE. 

13 The Secretary, acting through the Director, shall con14 tinue to support the development of artificial intelligence 

15 and data science, including through— 

16 (1) the expansion of the Institute’s capabilities, 

17 including scientific staff and research infrastructure; 

18 (2) the implementation of rigorous scientific 

19 testing to support the development of trustworthy 

20 and safe artificial intelligence and data systems; 

21 (3) the development of machine learning and 

22 other artificial intelligence applications to support 

23 measurement science research programs and take 

24 steps to modernize the Institute’s research infra25 structure; and 


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1 (4) the development and publication of new cy2 bersecurity tools, encryption methods, and best prac3 tices for artificial intelligence and data science. 

4 SEC. 307. INTERNET OF THINGS. 

5 The Secretary, acting through the Director, shall con6 tinue to conduct research with respect to and support the 

7 expanded connectivity, interoperability, and security of 

8 interconnected systems and other aspects of the internet 

9 of things, including through— 

10 (1) the development of new tools and meth11 odologies for cybersecurity of the internet of things; 

12 (2) the development of technologies to address 

13 network congestion and device interference, such as 

14 the development of testing tools for next generation 

15 wireless communications, internet of things proto16 cols, coexistence of wireless communications systems, 

17 and spectrum sharing; 

18 (3) convening experts in the public and private 

19 sectors to develop recommendations for accelerating 

20 the adoption of sound interoperability standards, 

21 guidelines, and best practices for the internet of 

22 things; and 

23 (4) the development and publication of new cy24 bersecurity tools, encryption methods, and best prac25 tices for internet of things security. 


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1 SEC. 308. COMPOSITES RESEARCH. 

2 (a) RESEARCH.—The Secretary, acting through the 

3 Director, shall implement the recommendations contained 

4 in the December 2017 report entitled ‘‘Road Mapping 

5 Workshop Report on Overcoming Barriers to Adoption of 

6 Composites in Sustainable Infrastructure’’, as appro7 priate, to help facilitate the adoption of composite tech8 nology in infrastructure in the United States. In imple9 menting such recommendations, the Secretary, acting 

10 through the Director shall, with respect to the use of com11 posite technology in infrastructure— 

12 (1) not later than 6 months after the date of 

13 enactment of this Act, initiate the establishment of 

14 a design data clearinghouse to identify, gather, vali15 date, and disseminate existing design criteria, tools, 

16 guidelines, and standards; and 

17 (2) develop methods and resources required for 

18 testing an evaluation of safe and appropriate uses of 

19 composite materials for infrastructure, including— 

20 (A) conditioning protocols, procedures and 

21 models; 

22 (B) screening and acceptance tools; and 

23 (C) minimum allowable design data sets 

24 that can be converted into design tools. 

25 (b) STANDARDS COORDINATION.—The Secretary, 

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1 priate Institute staff consult regularly with standards de2 velopers, members of the composites industry, institutions 

3 of higher education, and other stakeholders in order to fa4 cilitate the adoption of standards for use of composite ma5 terials in infrastructure that are based on the research and 

6 testing results and other information developed by the In7 stitute. 

8 SEC. 309. ENABLING THE FUTURE BIOECONOMY. 

9 The Secretary, acting through the Director, shall con10 tinue to support the research and development of engi11 neering biology, including through— 

12 (1) building up NIST’s core capabilities in 

13 measurement science supporting synthetic biology by 

14 investing in foundational measurement tools; 

15 (2) delivering the necessary measurement meth16 ods, standards and related services required to im17 part confidence in emerging engineering biology ca18 pabilities; and 

19 (3) developing and evaluating computation tools 

20 in order to develop and deploy predictive models that 

21 will ink biological blueprints with biological out22 comes. 

23 SEC. 310. INTERNATIONAL STANDARDS DEVELOPMENT. 

24 (a) FINDINGS.—Congress finds the following: 


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1 (1) Widespread use of standards facilitates 

2 technology advancement by defining and establishing 

3 common foundations for product differentiation, 

4 technological innovation, and other value-added serv5 ices. 

6 (2) Standards also promote an expanded, more 

7 interoperable, and efficient marketplace. 

8 (3) Global cooperation and coordination on 

9 standards for emerging technologies will be critical 

10 for having a consistent set of rules to enable market 

11 competition, preclude barriers to trade, and allow in12 novation to flourish. 

13 (4) United States position on standardization in 

14 emerging technologies will be critical to United 

15 States economic competitiveness. 

16 (5) NIST is in a unique position to strengthen 

17 United States leadership in standards development, 

18 particularly for emerging technologies, to ensure 

19 continuing United States economic competitiveness 

20 and national security. 

21 (b) SENSE OF CONGRESS.—It is the sense of Con22 gress that— 

23 (1) while United States experts have historically 

24 been leaders in international standards development 


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1 activities, there is concern that the United States is 

2 losing its edge; 

3 (2) strengthening the unique United States 

4 public-private partnerships approach to standards 

5 development is critical to United States economic 

6 competitiveness; and 

7 (3) the United States Government should en8 sure cooperation and coordination across Federal 

9 agencies and partner with private sector stake10 holders to continue to shape international dialogues 

11 in regard to standards development for emerging 

12 technologies. 

13 (c) RESEARCH ACTIVITIES AND ENGAGEMENT.—The 

14 Secretary, acting through the Director, shall— 

15 (1) build capacity and training opportunities to 

16 help create a pipeline of talent and leadership in key 

17 standards development positions, including stand18 ards education and training related activities tar19 geted at integrating standards content into under20 graduate and graduate curricula in science, engi21 neering, business, public policy, and law; 

22 (2) partner with private sector entities to sup23 port strategically increased engagement and leader24 ship in the development of international standards 

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1 ing with industry to incentivize private sector part2 ners to develop standards strategies and support en3 gagement and participation in the relevant stand4 ards activities; and 

5 (3) develop approaches to prioritize standard6 ization for emerging technologies, identify organiza7 tion in which to develop these standards, identify 

8 leadership positions of interest to the United States, 

9 and identify key contributors for technical and lead10 ership expertise in these areas. 

11 SEC. 311. REVIEW OF THE CENTER FOR NEUTRON RE12 SEARCH. 

13 Not later than 1 year after the date of enactment 

14 of this Act, the Comptroller of the United States shall con15 duct an evaluation of NIST’s Center for Neutron Re16 search, including the following: 

17 (1) An assessment of what progress NIST has 

18 made in planning for the future of the Center for 

19 Neutron Research’s nuclear reactor since the release 

20 of the 2018 National Academies report, and what 

21 steps NIST has taken to implement the Academies 

22 report. 

23 (2) An analysis of the extent to which NIST’s 

24 planning efforts align with leading practices. 


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1 (3) An assessment of the extent to which NIST 

2 has worked with the Department of Energy to iden3 tify the scientific community’s long-term needs for 

4 neutron research facilities and discuss the coordina5 tion of future facilities, and how these agencies are 

6 factoring these needs into their decision-making 

7 process. 

8 (4) Recommendations for NIST and the De9 partment of Energy on how best to continue to sup10 port civilian nuclear research reactors. 

11 SEC. 312. HIRING AND MANAGEMENT. 

12 (a) DIRECT HIRE AUTHORITY.—The Secretary, act13 ing through the Director, may— 

14 (1) appoint, without regard to the provisions of 

15 subchapter I of chapter 33 of title 5, United States 

16 Code (other than sections 3303, 3328, and 3330e of 

17 such chapter), qualified candidates to scientific, en18 gineering, and professional positions for carrying out 

19 research and development functions which require 

20 the services of specially qualified personnel relating 

21 to cybersecurity and quantum information science 

22 and technology and such other areas of national re23 search priorities as the Secretary, acting through the 

24 Director, may determine; and 


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1 (2) fix the rate of basic pay of any individual 

2 appointed under paragraph (1), at a rate not in ex3 cess of the basic rate of pay of the Vice President 

4 under section 104 of title 3, United States Code, 

5 without regard to title 5, United States Code. 

6 (b) LIMITATION.—The Director may appoint not 

7 more than 10 individuals under subsection (a). 

8 (c) SUNSET.—The authority under subsection (a) 

9 shall expire on the date that is 10 years after the date 

10 of enactment of this Act. 

11 (d) OTHER TRANSACTION AUTHORITY.—Section 

12 2(b)(4) of the National Institute of Standards and Tech13 nology Act (15 U.S.C. 272(b)(4)) is amended to read as 

14 follows: 

15 ‘‘(4) to enter into and perform such contracts, 

16 including cooperative research and development ar17 rangements and grants and cooperative agreements 

18 or other transactions, as may be necessary in the 

19 conduct of its work and on such terms as it may 

20 deem appropriate, in furtherance of the purposes of 

21 this Act;’’. 

22 SEC. 313. NATIONAL INSTITUTE OF STANDARDS AND TECH23 NOLOGY FOUNDATION. 

24 (a) IN GENERAL.—The Secretary of Commerce, act25 ing through the Director, may establish or enter into an 


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1 agreement with a nonprofit organization to establish a Na2 tional Institute of Standards and Technology Foundation. 

3 The Foundation shall not be an agency or instrumentality 

4 of the United States Government. 

5 (b) PURPOSE.—The purpose of the Foundation shall 

6 be to support the National Institute of Standards and 

7 Technology in its mission. 

8 (c) ACTIVITIES.—Activities of the Foundation may 

9 include the solicitation and acceptance of funds— 

10 (1) to support international metrology and 

11 standards engagement activities; 

12 (2) to conduct education and outreach activi13 ties; and 

14 (3) to offer direct support to NIST associates, 

15 including through activities such as the provision of 

16 fellowships, grants, and occupational safety and 

17 awareness training. 

18 (d) TRANSFER OF FUNDS.—The Director may au19 thorize, under the agreement under subsection (a), the 

20 transfer of funds from the National Institute of Standards 

21 and Technology to the nonprofit organization to offset any 

22 administrative costs of the Foundation. 

23 (e) LIABILITY.—The United States shall not be liable 

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1 tion. The full faith and credit of the United States shall 

2 not extend to any obligations of the Foundation. 

3 SEC. 314. MEP OUTREACH. 

4 Section 25 of the National Institute of Standards and 

5 Technology Act (15 U.S.C. 278k) is amended— 

6 (1) in subsection (c)— 

7 (A) in paragraph (6), by striking ‘‘commu8 nity colleges and area career and technical edu9 cation schools’’ and inserting the following: 

10 ‘‘secondary schools (as defined in section 8101 

11 of the Elementary and Secondary Education 

12 Act of 1965 (20 U.S.C. 7801)), community col13 leges, and area career and technical education 

14 schools, including those in underserved and 

15 rural communities,’’; and 

16 (B) in paragraph (7)— 

17 (i) by striking ‘‘and local colleges’’ 

18 and inserting the following: ‘‘local high 

19 schools and local colleges, including those 

20 in underserved and rural communities,’’; 

21 and 

22 (ii) by inserting ‘‘or other applied 

23 learning opportunities’’ after ‘‘apprentice24 ships’’; and 


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1 (2) in subsection (d)(3), by striking ‘‘, commu2 nity colleges, and area career and technical edu3 cation schools,’’ and inserting the following: ‘‘and 

4 local high schools, community colleges, and area ca5 reer and technical education schools, including those 

6 in underserved and rural communities,’’. 

7 SEC. 315. DEFINITIONS. 

8 In this title: 

9 (1) DIRECTOR.—The term ‘‘Director’’ means 

10 the Director of the National Institute of Standards 

11 and Technology. 

12 (2) FRAMEWORK.—The term ‘‘Framework’’ 

13 means the Framework for Improving Critical Infra14 structure Cybersecurity developed by the National 

15 Institute of Standards and Technology and referred 

16 to in Executive Order 13800 issued on May 11, 

17 2017 (82 Fed. Reg. 22391 et seq.). 

18 (3) INSTITUTE.—The term ‘‘Institute’’ means 

19 the National Institute of Standards and Technology. 

20 (4) INSTITUTION OF HIGHER EDUCATION.—The 

21 term ‘‘institution of higher education’’ has the 

22 meaning given such term in section 101 of the High23 er Education Act of 1965 (20 U.S.C. 1001). 

24 (5) NIST ASSOCIATE.—The term ‘‘NIST asso25 ciate’’ means any guest researcher, research assoVerDate Sep 11 2014 02:00 Feb 11, 2020 Jkt 099200 PO 00000 Frm 00126 Fmt 6652 Sfmt 6201 E:\BILLS\H5685.IH H5685

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1 ciate, facility user, or volunteer who conducts re2 search at a National Institute of Standards and 

3 Technology facility, but is not an employee of the 

4 National Institute of Standards and Technology or 

5 of another Federal department or agency. 

6 (6) SECRETARY.—The term ‘‘Secretary’’ means 

7 the Secretary of Commerce. 

8 TITLE IV—NATIONAL OCEANIC 

9 AND ATMOSPHERIC ADMINIS10 TRATION 

11 SEC. 401. ESTABLISHMENT OF A TECHNOLOGY TRANSFER 

12 OFFICE. 

13 (a) TECHNOLOGY TRANSFER OFFICE.—The Admin14 istrator shall establish a technology transfer office at the 

15 corporate agency level. 

16 (b) TECHNOLOGY TRANSFER COORDINATOR.—The 

17 Administrator shall appoint a Technology Transfer Coor18 dinator to be the principal advisor to the Administrator 

19 on all matters relating to technology transfer and commer20 cialization and will serve as director of the technology 

21 transfer office. 

22 (c) QUALIFICATIONS.—The Coordinator shall be an 

23 individual who, by reason of professional background and 

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1 trator on matters pertaining to technology transfer at the 

2 Agency. 

3 (d) DUTIES OF THE COORDINATOR.—The Coordi4 nator shall oversee— 

5 (1) the expenditure of funds allocated for tech6 nology transfer within the Agency; 

7 (2) efforts to improve research to operations 

8 within the Office of Oceanic and Atmospheric Re9 search and other Agency line offices; 

10 (3) efforts to engage private sector entities, in11 cluding venture capital companies; 

12 (4) efforts to engage State and local govern13 ments; 

14 (5) coordinate efforts across the Agency; and 

15 (6) facilitate knowledge transfer from Agency/ 

16 Federal standards to commercial, State, and local 

17 governments. 

18 (e) TECHNOLOGY TRANSFER RESPONSIBILITY.— 

19 Nothing in this section affects the technology transfer re20 sponsibilities of Federal employees under the Stevenson21 Wydler Technology Innovation Act of 1980 (15 U.S.C. 

22 3701 et seq.). 

23 (f) PLANNING AND REPORTING.— 

24 (1) IN GENERAL.—Not later than 180 days 

25 after the date of enactment of this Act, the AdminisVerDate Sep 11 2014 02:00 Feb 11, 2020 Jkt 099200 PO 00000 Frm 00128 Fmt 6652 Sfmt 6201 E:\BILLS\H5685.IH H5685

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1 trator shall submit to Congress a technology transfer 

2 execution plan. 

3 (2) UPDATES.—Each year after the submission 

4 of the plan under paragraph (1), the Administrator 

5 shall submit to Congress an updated execution plan 

6 and reports that describe progress toward meeting 

7 goals set forth in the execution plan and the funds 

8 expended under subsection (e). 

9 SEC. 402. TECHNOLOGY TRANSFER AND TRANSITIONS AS10 SESSMENT. 

11 Not later than 1 year after the date of enactment 

12 of this Act, and annually thereafter, the administrator 

13 shall transmit to the Committee on Science, Space, and 

14 Technology of the House of Representatives and the Com15 mittee on Commerce, Science, and Transportation of the 

16 Senate a report which shall include— 

17 (1) report on the Agency’s research to oper18 ations activities during the previous fiscal year; and 

19 (2) recommended agency policy changes to in20 crease research to operations activities in the coming 

21 fiscal year. 

22 SEC. 403. NATIONAL MESONET PROGRAM. 

23 (a) FINDINGS.—Congress finds that— 

24 (1) since the initial establishment of a private25 public partnership demonstration program, the NaVerDate Sep 11 2014 02:00 Feb 11, 2020 Jkt 099200 PO 00000 Frm 00129 Fmt 6652 Sfmt 6201 E:\BILLS\H5685.IH H5685

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1 tional Mesonet Program has leveraged data collected 

2 by existing weather station networks to— 

3 (A) provide accurate, real-time observation 

4 for weather forecasters and emergency response 

5 personnel in metropolitan areas across the 

6 United States; 

7 (B) address persistent impediments, identi8 fied in a National Academy of Sciences Report 

9 released in 2009, to fulfill the need for broader 

10 and denser weather observation networks to im11 prove severe weather lead-times; 

12 (C) achieve major improvements for the 

13 National Oceanic and Atmospheric Administra14 tion and the broader American Weather Enter15 prise, despite some significant development 

16 issues and cost overruns, according to a Na17 tional Academy of Sciences Report released in 

18 2011; 

19 (D) increase the amount of non-Federal 

20 weather data available to government by orders 

21 of magnitude; and 

22 (E) improve understanding of the impact, 

23 the size and duration of mesoscale weather 

24 events; and 


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1 (2) as a joint collaboration between the Na2 tional Oceanic and Atmospheric Administration and 

3 the National Weather Service, the National Mesonet 

4 Program is a critical component of agency oper5 ations and provides reliable, real-time prediction and 

6 observation capabilities for the physical environment 

7 that enhances response and prevention strategies to 

8 severe weather events. 

9 (b) PROGRAM.—The National Weather Service shall 

10 carry out the National Mesonet Program under law to im11 prove understanding of and forecast capabilities for at12 mospheric events, placing priority on leveraging available 

13 commercial and other non-Federal weather data to en14 hance coordination across the private, public, and aca15 demic sectors of the American weather enterprise. 

16 (c) PROGRAM ELEMENTS.—The program described 

17 in subsection (b) shall focus on the following activities: 

18 (1) Improving the National Oceanic and Atmos19 pheric Administration and the National Weather 

20 Service’s ability to provide the baseline forecasts and 

21 warnings that protect the Nation’s citizens, busi22 nesses, military, and government agencies and en23 able them to operate and perform in safe, efficient, 

24 and orderly manners. 


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1 (2) Yielding significant amounts of boundary2 layer data to result in dramatic improvements in nu3 merical weather prediction performance. 

4 (3) Providing the critical technical and adminis5 trative infrastructure needed to facilitate rapid inte6 gration of new and emerging surface, boundary 

7 layer, and space-based networks anticipated in com8 ing years. 

9 (4) Leveraging existing networks of environ10 mental monitoring stations to dramatically increase 

11 the quantity and density of weather observations 

12 available to the National Weather Service at a highly 

13 cost-effective price. 

14 (5) Supporting the National Weather Service in 

15 reaching its target of a 30-minute warning time for 

16 severe weather through better predictive algorithms 

17 driven by increasingly effective observations. 

18 (d) AUTHORIZATION OF APPROPRIATIONS.—Of 

19 amounts otherwise made available to the National Weath20 er Service, there are authorized to carry out this section 

21 $25,000,000 for fiscal year 2021, $26,000,000 for fiscal 

22 year 2022, $27,000,000 for fiscal year 2023, $28,000,000 

23 for fiscal year 2024, $29,000,000 for fiscal year 2025, and 

24 $30,000,000 for fiscal year 2026. 


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1 SEC. 404. SEVERE WEATHER EXTRAMURAL TESTBEDS. 

2 (a) FINDINGS.—Congress finds the following: 

3 (1) The Weather Research and Forecasting In4 novation Act of 2017 instructs NOAA to prioritize 

5 improving weather data, modeling, computing, fore6 casting and warnings for the protection of life and 

7 property and for the enhancement of the national 

8 economy. 

9 (2) The Weather Research and Forecasting In10 novation Act of 2017 has also mandated that the 

11 NOAA Office of Oceanic and Atmospheric Research 

12 prioritize involving extramural partners to leverage 

13 existing public and private resources to expand and 

14 improve weather forecasting and modeling as quickly 

15 and efficiently as possible. 

16 (3) There is a need for additional weather re17 search and forecasting innovation given the increas18 ing number of severe weather events and their in19 creasing effect on public health, safety, and national 

20 and regional economic well-being. 

21 (b) PROGRAM.—Not later than 180 days after the en22 actment of this Act, the Assistant Administrator for the 

23 Office of Oceanic and Atmospheric Research shall estab24 lish a program to create one or more weather research 

25 testbeds, hosted by extramural university based partners, 

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1 bilities for atmospheric events and their impacts. Re2 sources for such testbeds shall not be taken from the exist3 ing NOAA cooperative institutes. 

4 (c) PROGRAM ELEMENTS.—The program described 

5 in subsection (b) shall focus on the following activities: 

6 (1) Improving the fundamental understanding 

7 of weather, including the boundary layer and other 

8 processes affecting high impact weather events. 

9 (2) Improving the understanding of how the 

10 public receives, interprets, and responds to warnings 

11 and forecasts of high impact weather events that en12 danger life and property. 

13 (3) Research and development, and transfer of 

14 knowledge, technologies, and applications to the Na15 tional Weather Service and other appropriate agen16 cies and entities, including the United States weath17 er industry and academic partners. 

18 (d) EXTRAMURAL RESEARCH.— 

19 (1) IN GENERAL.—In carrying out the program 

20 under this section, the Assistant Administrator for 

21 Oceanic and Atmospheric Research shall collaborate 

22 with and support the non-Federal weather research 

23 community, which includes institutions of higher 

24 education, private entities, and nongovernmental or25 ganizations, by making funds available through comVerDate Sep 11 2014 02:00 Feb 11, 2020 Jkt 099200 PO 00000 Frm 00134 Fmt 6652 Sfmt 6201 E:\BILLS\H5685.IH H5685

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1 petitive grants, contracts, and cooperative agree2 ments. Preference shall be given to applicants with 

3 significant expertise in severe weather research that 

4 are co-located with existing NOAA intramural 

5 weather related laboratories. 

6 (2) EXTRAMURAL ACADEMIC PARTNERS.—Of 

7 the funds authorized in subsection (e), not less than 

8 80 percent shall be dedicated to research of extra9 mural academic partners. 

10 (e) AUTHORIZATION OF APPROPRIATIONS.—For each 

11 of fiscal years 2021 and 2022, there are authorized out 

12 of funds appropriated to the National Oceanic and Atmos13 pheric Administration, $10,000,000 to carry out the ac14 tivities of this section. 

15 SEC. 405. NEXT GENERATION DIGITAL RADAR. 

16 (a) FINDINGS.—Congress finds that— 

17 (1) the national weather radar network is 

18 aging, and procurement and replacement must begin 

19 by early in the decade commencing with the year 

20 2030; 

21 (2) research by the National Oceanic and At22 mospheric Administration on next generation radar 

23 systems has largely focused on the development of a 

24 phased array radar for severe weather forecasting; 


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1 (3) a phased array radar system can achieve 

2 precise measurements of precipitation rates and con3 ditions through a rapid scan of the atmosphere to 

4 reveal critical weather thumbprints that point to the 

5 potential of severe weather; 

6 (4) though initially established through the 

7 joint collaboration between the Federal Aviation Ad8 ministration and the National Oceanic and Atmos9 pheric Administration, the potential for use of the 

10 phased array radar for severe weather observations 

11 has emerged as the focus; 

12 (5) lifetime operations and maintenance costs 

13 will be significantly reduced due to the simple, dig14 ital process for updating the digital array radar sys15 tem; and 

16 (6) the National Oceanic and Atmospheric Ad17 ministration must continue to conduct crucial tech18 nical risk reduction research to be ready for the next 

19 generation of radar networks. 

20 (b) PROGRAM.—The Under Secretary of Commerce 

21 for Oceans and Atmosphere shall develop, in collaboration 

22 with the Assistant Administrators for Weather Services 

23 and Oceanic and Atmospheric Research, and utilizing 

24 NOAA’s existing academic partners for implementation, 

25 a technical risk reduction program, that will lead to the 


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1 baseline requirements to procure an all-digital ground 

2 based phased array radar system for initial deployment 

3 by no later than 2032. At a minimum, such a program 

4 must demonstrate the ability to significantly improve the 

5 accuracy of severe weather forecasts while lowering long 

6 term Federal operating costs. 

7 (c) PROGRAM ELEMENTS.—The program described 

8 in subsection (b) shall focus on the following activities: 

9 (1) Definition of key system requirements need10 ed to cost effectively lead to significantly improve 

11 weather forecasting accuracy and precision through 

12 a nationwide all-digital ground based phased array 

13 weather radar system. 

14 (2) Identification of critical technologies and 

15 subsystems on the critical path to the development 

16 of an all-digital phased array system, and an invest17 ment schedule to reduce risk in each designated 

18 area. 

19 (3) Development of a full-scale digital phased 

20 array radar demonstrator that will meet require21 ments set in paragraph (1). 

22 (4) Development of a multi-year effort to 

23 strengthen ties between NOAA and its public univer24 sity based academic partners so as to maintain an 

25 ongoing reservoir of science and technology talent to 


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1 help to guide and advise Federal program managers 

2 on the implementation and use of an all-digital 

3 phased array radar system. 

4 (d) AUTHORIZATION OF APPROPRIATIONS.—Of the 

5 amounts otherwise made available to the National Oceanic 

6 and Atmospheric Administration’s Operations, Research, 

7 and Facilities Action, there are authorized to carry out 

8 this section $20,000,000 for each of fiscal years 2021 

9 through 2025. 

10 SEC. 406. FELLOWSHIPS. 

11 (a) IN GENERAL.—To carry out the educational and 

12 training objectives of this Act, the Administrator shall 

13 support a program of weather fellowships for qualified in14 dividuals at the graduate and postgraduate level. The fel15 lowships shall be related to meteorology, atmospheric 

16 science, space weather, and climatology and awarded pur17 suant to guidelines established by the Administrator. 

18 (b) WEATHER FELLOWSHIP.—The Administrator 

19 may award weather fellowships to support the placement 

20 of individuals at the graduate level of education in fields 

21 related to meteorology, atmospheric science, space weath22 er, and climatology within NOAA. A fellowship awarded 

23 under this subsection shall be for a period of not more 

24 than 1 year. 


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1 SEC. 407. AUTHORIZATION OF APPROPRIATIONS. 

2 (a) FINDINGS.—Congress finds the following: 

3 (1) The National Oceanic and Atmospheric Ad4 ministration promotes United States science and in5 novation by providing weather forecasts, severe 

6 storm warnings, and climate monitoring that sup7 port and affect more than one-third of the national 

8 gross domestic product. 

9 (2) The Office of Oceanic and Atmospheric Re10 search provides science that enables better forecasts, 

11 earlier warnings for natural disasters, and a greater 

12 understanding of the Earth. 

13 (3) The cutting-edge research conducted at 

14 OAR provides citizens, planners, and emergency 

15 managers reliable information that is critical to daily 

16 life. 

17 (b) AUTHORIZATION OF APPROPRIATIONS.—Of 

18 amounts otherwise available to the National Oceanic and 

19 Atmospheric Administration, there are authorized to be 

20 appropriated for the Office of Oceanic and Atmospheric 

21 Research— 

22 (1) $590,000,000 for fiscal year 2020; 

23 (2) $655,555,555 for fiscal year 2021; 

24 (3) $721,111,110 for fiscal year 2022; 

25 (4) $786,666,665 for fiscal year 2023; 

26 (5) $852,222,220 for fiscal year 2024; 


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1 (6) $917,777,775 for fiscal year 2025; 

2 (7) $983,333,330 for fiscal year 2026; 

3 (8) $1,048,888,885 for fiscal year 2027; 

4 (9) $1,114,444,440 for fiscal year 2028; and 

5 (10) $1,180,000,000 for fiscal year 2029. 

6 TITLE V—NATIONAL SCIENCE 

7 FOUNDATION 

8 SEC. 501. AUTHORIZATION OF APPROPRIATIONS. 

9 (a) FISCAL YEAR 2020.— 

10 (1) IN GENERAL.—There are authorized to be 

11 appropriated to the Foundation $8,278,330,000 for 

12 fiscal year 2020. 

13 (2) SPECIFIC ALLOCATION.—Of the amount au14 thorized by paragraph (1)— 

15 (A) $6,737,200,000 shall be made avail16 able for research and related activities; 

17 (B) $940,000,000 shall be made available 

18 for education and human resources including— 

19 (i) $75,000,000 for the Advanced 

20 Technical Education Program; 

21 (ii) $313,500,000 for the Graduate 

22 Research Fellowship Program; 

23 (iii) $67,000,000 for the Robert 

24 Noyce Teacher Scholarship Program; and 


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1 (iv) $68,750,000 for the CyberCorps 

2 Scholarship for Service Program; 

3 (C) $243,230,000 shall be made available 

4 for major research equipment and facilities con5 struction, of which $65,000,000 shall be for 

6 mid-scale projects; 

7 (D) $336,900,000 shall be made available 

8 for agency operations and award management; 

9 (E) $4,500,000 shall be made available for 

10 the Office of the National Science Board; and 

11 (F) $16,500,000 shall be made available 

12 for the Office of the Inspector General. 

13 (b) FISCAL YEAR 2021.— 

14 (1) IN GENERAL.—There are authorized to be 

15 appropriated to the Foundation $9,422,160,000 for 

16 fiscal year 2021. 

17 (2) SPECIFIC ALLOCATION.—Of the amount au18 thorized by paragraph (1)— 

19 (A) $7,824,000,000 shall be made avail20 able for research and related activities; 

21 (B) $980,000,000 shall be made available 

22 for education and human resources including— 

23 (i) $79,200,000 for the Advanced 

24 Technical Education Program; 


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1 (ii) $342,000,000 for the Graduate 

2 Research Fellowship Program; 

3 (iii) $97,500,000 for the Robert 

4 Noyce Teacher Scholarship Program; and 

5 (iv) $82,500,000 for the CyberCorps 

6 Scholarship for Service Program; 

7 (C) $255,000,000 shall be made available 

8 for major research equipment and facilities con9 struction, of which $90,000,000 shall be for 

10 mid-scale projects; 

11 (D) $343,000,000 shall be made available 

12 for agency operations and award management; 

13 (E) $4,500,000 shall be made available for 

14 the Office of the National Science Board; and 

15 (F) $15,660,000 shall be made available 

16 for the Office of the Inspector General. 

17 (c) FISCAL YEAR 2022.— 

18 (1) IN GENERAL.—There are authorized to be 

19 appropriated to the Foundation $10,106,500,000 for 

20 fiscal year 2022. 

21 (2) SPECIFIC ALLOCATION.—Of the amount au22 thorized by paragraph (1)— 

23 (A) $8,476,000,000 shall be made avail24 able for research and related activities; 


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1 (B) $1,005,000,000 shall be made avail2 able for education and human resources includ3 ing— 

4 (i) $85,800,000 for the Advanced 

5 Technical Education Program; 

6 (ii) $370,500,000 for the Graduate 

7 Research Fellowship Program; 

8 (iii) $113,750,000 for the Robert 

9 Noyce Teacher Scholarship Program; and 

10 (iv) $96,250,000 for the CyberCorps 

11 Scholarship for Service Program; 

12 (C) $255,000,000 shall be made available 

13 for major research equipment and facilities con14 struction, of which $90,000,000 shall be for 

15 mid-scale projects; 

16 (D) $350,000,000 shall be made available 

17 for agency operations and award management; 

18 (E) $4,500,000 shall be made available for 

19 the Office of the National Science Board; and 

20 (F) $16,000,000 shall be made available 

21 for the Office of the Inspector General. 

22 (d) FISCAL YEAR 2023.— 

23 (1) IN GENERAL.—There are authorized to be 

24 appropriated to the Foundation $10,790,800,000 for 

25 fiscal year 2023. 


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1 (2) SPECIFIC ALLOCATION.—Of the amount au2 thorized by paragraph (1)— 

3 (A) $9,128,000,000 shall be made avail4 able for research and related activities; 

5 (B) $1,029,000,000 shall be made avail6 able for education and human resources includ7 ing— 

8 (i) $92,400,000 for the Advanced 

9 Technical Education Program; 

10 (ii) $399,000,000 for the Graduate 

11 Research Fellowship Program; 

12 (iii) $130,000,000 for the Robert 

13 Noyce Teacher Scholarship Program; and 

14 (iv) $110,000,000 for the CyberCorps 

15 Scholarship for Service Program; 

16 (C) $255,000,000 shall be made available 

17 for major research equipment and facilities con18 struction, of which $90,000,000 shall be for 

19 mid-scale projects; 

20 (D) $358,000,000 shall be made available 

21 for agency operations and award management; 

22 (E) $4,500,000 shall be made available for 

23 the Office of the National Science Board; and 

24 (F) $16,300,000 shall be made available 

25 for the Office of the Inspector General. 


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1 (e) FISCAL YEAR 2024.— 

2 (1) IN GENERAL.—There are authorized to be 

3 appropriated to the Foundation $11,501,100,000 for 

4 fiscal year 2024. 

5 (2) SPECIFIC ALLOCATION.—Of the amount au6 thorized by paragraph (1)— 

7 (A) $9,780,000,000 shall be made avail8 able for research and related activities; 

9 (B) $1,050,000,000 shall be made avail10 able for education and human resources includ11 ing— 

12 (i) $99,000,000 for the Advanced 

13 Technical Education Program; 

14 (ii) $427,500,000 for the Graduate 

15 Research Fellowship Program; 

16 (iii) $132,600,000 for the Robert 

17 Noyce Teacher Scholarship Program; and 

18 (iv) $112,200,000 for the CyberCorps 

19 Scholarship for Service Program; 

20 (C) $285,000,000 shall be made available 

21 for major research equipment and facilities con22 struction, of which $120,000,000 shall be for 

23 mid-scale projects; 

24 (D) $365,000,000 shall be made available 

25 for agency operations and award management; 


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1 (E) $4,500,000 shall be made available for 

2 the Office of the National Science Board; and 

3 (F) $16,600,000 shall be made available 

4 for the Office of the Inspector General. 

5 (f) FISCAL YEAR 2025.— 

6 (1) IN GENERAL.—There are authorized to be 

7 appropriated to the Foundation $12,182,500,000 for 

8 fiscal year 2025. 

9 (2) SPECIFIC ALLOCATION.—Of the amount au10 thorized by paragraph (1)— 

11 (A) $10,432,000,000 shall be made avail12 able for research and related activities; 

13 (B) $1,072,000,000 shall be made avail14 able for education and human resources includ15 ing— 

16 (i) $105,600,000 for the Advanced 

17 Technical Education Program; 

18 (ii) $456,000,000 for the Graduate 

19 Research Fellowship Program; 

20 (iii) $135,300,000 for the Robert 

21 Noyce Teacher Scholarship Program; and 

22 (iv) $114,400,000 for the CyberCorps 

23 Scholarship for Service Program; 

24 (C) $285,000,000 shall be made available 

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1 struction, of which $205,000,000 shall be for 

2 mid-scale projects; 

3 (D) $372,000,000 shall be made available 

4 for agency operations and award management; 

5 (E) $4,500,000 shall be made available for 

6 the Office of the National Science Board; and 

7 (F) $17,000,000 shall be made available 

8 for the Office of the Inspector General. 

9 (g) FISCAL YEAR 2026.— 

10 (1) IN GENERAL.—There are authorized to be 

11 appropriated to the Foundation $12,863,800,000 for 

12 fiscal year 2026. 

13 (2) SPECIFIC ALLOCATION.—Of the amount au14 thorized by paragraph (1)— 

15 (A) $11,084,000,000 shall be made avail16 able for research and related activities; 

17 (B) $1,093,000,000 shall be made avail18 able for education and human resources includ19 ing— 

20 (i) $112,200,000 for the Advanced 

21 Technical Education Program; 

22 (ii) $484,500,000 for the Graduate 

23 Research Fellowship Program; 

24 (iii) $138,000,000 for the Robert 

25 Noyce Teacher Scholarship Program; and 


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1 (iv) $116,700,000 for the CyberCorps 

2 Scholarship for Service Program; 

3 (C) $285,000,000 shall be made available 

4 for major research equipment and facilities con5 struction, of which $225,000,000 shall be for 

6 mid-scale projects; 

7 (D) $380,000,000 shall be made available 

8 for agency operations and award management; 

9 (E) $4,500,000 shall be made available for 

10 the Office of the National Science Board; and 

11 (F) $17,300,000 shall be made available 

12 for the Office of the Inspector General. 

13 (h) FISCAL YEAR 2027.— 

14 (1) IN GENERAL.—There are authorized to be 

15 appropriated to the Foundation $13,555,100,000 for 

16 fiscal year 2027. 

17 (2) SPECIFIC ALLOCATION.—Of the amount au18 thorized by paragraph (1)— 

19 (A) $11,736,000,000 shall be made avail20 able for research and related activities; 

21 (B) $1,115,000,000 shall be made avail22 able for education and human resources includ23 ing— 

24 (i) $118,800,000 for the Advanced 

25 Technical Education Program; 


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1 (ii) $513,000,000 for the Graduate 

2 Research Fellowship Program; 

3 (iii) $140,700,000 for the Robert 

4 Noyce Teacher Scholarship Program; and 

5 (iv) $119,000,000 for the CyberCorps 

6 Scholarship for Service Program; 

7 (C) $295,000,000 shall be made available 

8 for major research equipment and facilities con9 struction, of which $225,000,000 shall be for 

10 mid-scale projects; 

11 (D) $387,000,000 shall be made available 

12 for agency operations and award management; 

13 (E) $4,500,000 shall be made available for 

14 the Office of the National Science Board; and 

15 (F) $17,600,000 shall be made available 

16 for the Office of the Inspector General. 

17 (i) FISCAL YEAR 2028.— 

18 (1) IN GENERAL.—There are authorized to be 

19 appropriated to the Foundation $14,237,500,000 for 

20 fiscal year 2028. 

21 (2) SPECIFIC ALLOCATION.—Of the amount au22 thorized by paragraph (1)— 

23 (A) $12,388,000,000 shall be made avail24 able for research and related activities; 


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1 (B) $1,137,000,000 shall be made avail2 able for education and human resources includ3 ing— 

4 (i) $125,400,000 for the Advanced 

5 Technical Education Program; 

6 (ii) $541,500,000 for the Graduate 

7 Research Fellowship Program; 

8 (iii) $143,500,000 for the Robert 

9 Noyce Teacher Scholarship Program; and 

10 (iv) $121,400,000 for the CyberCorps 

11 Scholarship for Service Program; 

12 (C) $295,000,000 shall be made available 

13 for major research equipment and facilities con14 struction, of which $225,000,000 shall be for 

15 mid-scale projects; 

16 (D) $395,000,000 shall be made available 

17 for agency operations and award management; 

18 (E) $4,500,000 shall be made available for 

19 the Office of the National Science Board; and 

20 (F) $18,000,000 shall be made available 

21 for the Office of the Inspector General. 

22 (j) FISCAL YEAR 2029.— 

23 (1) IN GENERAL.—There are authorized to be 

24 appropriated to the Foundation $14,918,800,000 for 

25 fiscal year 2029. 


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1 (2) SPECIFIC ALLOCATION.—Of the amount au2 thorized by paragraph (1)— 

3 (A) $13,040,000,000 shall be made avail4 able for research and related activities; 

5 (B) $1,158,000,000 shall be made avail6 able for education and human resources includ7 ing— 

8 (i) $132,000,000 for the Advanced 

9 Technical Education Program; 

10 (ii) $570,000,000 for the Graduate 

11 Research Fellowship Program; 

12 (iii) $146,400,000 for the Robert 

13 Noyce Teacher Scholarship Program; and 

14 (iv) $123,800,000 for the CyberCorps 

15 Scholarship for Service Program; 

16 (C) $295,000,000 shall be made available 

17 for major research equipment and facilities con18 struction, of which $225,000,000 shall be for 

19 mid-scale projects; 

20 (D) $403,000,000 shall be made available 

21 for agency operations and award management; 

22 (E) $4,500,000 shall be made available for 

23 the Office of the National Science Board; and 

24 (F) $18,300,000 shall be made available 

25 for the Office of the Inspector General. 


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1 SEC. 502. NSF ORGANIZATIONAL REVIEW. 

2 (a) SENSE OF CONGRESS.—It is the sense of Con3 gress that— 

4 (1) since its establishment in 1950, the Na5 tional Science Foundation has been the gold stand6 ard for the world in funding basic science and engi7 neering research; 

8 (2) the National Science Foundation should 

9 continue to fund competitive, merit-reviewed basic 

10 research across all fields of science and engineering 

11 to achieve its statutory mission; 

12 (3) scientific research has become increasingly 

13 interdisciplinary, crossing the boundaries of indi14 vidual fields and the divisions and directorates of the 

15 National Science Foundation that support research 

16 grants; and 

17 (4) as the nature of scientific research changes, 

18 it is important for the institutions that support 

19 science like the National Science Foundation, to pe20 riodically evaluate whether the organization needs to 

21 evolve to continue to fund the best science, the best 

22 scientists, and the most groundbreaking research. 

23 (b) STUDY.—Not later than 60 days after the date 

24 of enactment of this Act, the Director shall contract with 

25 the National Academy of Public Administration (referred 

26 to in this section as the ‘‘National Academy’’) to conduct 


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1 a study on the organizational and management structure 

2 of the Foundation, to— 

3 (1) evaluate and make recommendations for the 

4 structure of the Foundation’s directorates, divisions, 

5 and offices of the Foundation to efficiently and ef6 fectively fund and oversee research grants and edu7 cation and training programs; 

8 (2) evaluate and make recommendations for 

9 any structural changes needed to improve the sup10 port for cross-disciplinary and trans-disciplinary re11 search; 

12 (3) evaluate and make recommendations for the 

13 long-term planning and development of research in14 frastructure projects; and 

15 (4) make recommendations for the management 

16 of the Foundation’s business practices, including 

17 personnel and financial management. 

18 (c) REPORT TO CONGRESS.—Upon completion of the 

19 study under subsection (b), the Director shall transmit the 

20 study to Congress along with a summary of the Director’s 

21 plans, if any, to implement the recommendations of the 

22 National Academy. 

23 SEC. 503. ETHICS AND SECURITY PLANS. 

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1 ment of this Act, the Director shall develop and implement 

2 a policy requiring that all proposals for research funding 

3 from the Foundation include, if applicable, a plan for 

4 managing the risk of any potential ethical or security im5 plications resulting from such research. 

6 (b) REQUIREMENTS.—The policy shall— 

7 (1) include clear guidance of what constitutes 

8 ethical and security risks; 

9 (2) include field specific guidance as appro10 priate, which may include biology, artificial intel11 ligence, or cybersecurity; 

12 (3) include mechanisms to ensure appropriate 

13 evaluation of the submitted ethical and security 

14 plans required under this section; 

15 (4) include mechanisms to ensure that research16 ers comply with approved ethical and security plans; 

17 and 

18 (5) to the extent practical be harmonized with 

19 existing ethical and security policies or requirements, 

20 including the Common Rule (Federal Policy for the 

21 Protection of Human Subjects, 45 CFR 690). 

22 (c) LIMITATION.—The policy developed under sub23 section (a) shall not factor into award decisions unless 

24 deemed necessary by the merit review panel for each pro25 gram. 


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1 SEC. 504. MAJOR RESEARCH INSTRUMENTATION UPDATE. 

2 Section 7036(a) of the America COMPETES Act of 

3 2007 (42 U.S.C. 1862o–14) is amended by striking ‘‘The 

4 maximum award under the program shall be $4,000,000 

5 except if the total amount appropriated for the program 

6 for a fiscal year exceeds $125,000,000, in which case the 

7 maximum amount of an award shall be $6,000,000’’ and 

8 inserting ‘‘The maximum amount of an award under the 

9 program shall be $6,000,000’’. 

10 SEC. 505. NSF MID-SCALE PROJECT INVESTMENTS. 

11 (a) FINDINGS.—Congress finds the following: 

12 (1) The Foundation funds major research facili13 ties, infrastructure, and instrumentation that pro14 vide unique capabilities at the frontiers of science 

15 and engineering. 

16 (2) Modern and effective research facilities, in17 frastructure, and instrumentation are critical to 

18 maintaining United States leadership in science and 

19 engineering. 

20 (3) The costs of some proposed research instru21 mentation, equipment, and upgrades to major re22 search facilities fall between programs currently 

23 funded by the Foundation, creating a gap between 

24 the established parameters of the Major Research 

25 Instrumentation and Major Research Equipment 

26 and Facilities Construction programs, including 


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1 projects that have been identified as cost-effective 

2 additions of high priority to the advancement of sci3 entific understanding. 

4 (4) The National Science Board in a 2018 re5 port to Congress, ‘‘Bridging the Gap: Building a 

6 Sustained Approach to Mid-scale Research Infra7 structure and Cyberinfrastructure at NSF’’ rec8 ommended funding mid-scale projects in the 

9 $20,000,000 to $70,000,000 range through the 

10 major research equipment and facilities program. 

11 (b) MID-SCALE PROJECTS.— 

12 (1) IN GENERAL.—The Foundation may fund 

13 mid-scale projects through the major research equip14 ment and facilities construction program. 

15 (2) PROJECT OVERSIGHT UPDATE.—Section 

16 110 of the American Innovation and Competitive17 ness Act (42 U.S.C. 1862s–2) is amended by strik18 ing (g)(2) and inserting the following: 

19 ‘‘(2) MAJOR MULTI-USER RESEARCH FACILITY

20 PROJECT.—The term ‘major multi-user research fa21 cility project’ means a science and engineering con22 struction or acquisition project that exceeds 

23 $100,000,000 in total project costs to the Founda24 tion.’’. 


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1 (c) DEFINITION OF MID-SCALE PROJECTS.—In this 

2 section, the term ‘‘mid-scale projects’’ means research in3 strumentation, equipment, and upgrades to major re4 search facilities or other research infrastructure invest5 ments that exceed the maximum award funded by the 

6 major research instrumentation program and are below 

7 $100,000,000 total project cost. 

8 SEC. 506. REPRODUCIBILITY IN SCIENCE. 

9 (a) IN GENERAL.—The Director shall award grants, 

10 on a competitive basis, to institutions of higher education 

11 or nonprofit organizations (or a consortia thereof) to— 

12 (1) support research and development of open 

13 source, usable tools and infrastructure that support 

14 reproducibility for a broad range of studies across 

15 different disciplines; 

16 (2) support research on computational repro17 ducibility, including the limits of reproducibility and 

18 the consistency of computational results in the devel19 opment of new computation hardware, tools, and 

20 methods; 

21 (3) support the education and training of stu22 dents, faculty, and researchers on computational 

23 methods and tools to improve the quality of data 

24 and code to produce reproducible research; and 


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1 (4) support the education and training of stu2 dents, faculty, and researchers on the knowledge, 

3 skills, and tools needed to conduct research that ad4 heres to the highest scientific standard and to be 

5 able to clearly communicate methods and results ac6 curately and appropriately to reflect the uncertainty 

7 involved in the research. 

8 (b) DATA REPOSITORIES.—Not later than 12 months 

9 after the date of enactment of this Act, the Director of 

10 the National Science Foundation shall coordinate with the 

11 heads of other Federal science agencies to develop a set 

12 of criteria for trusted open repositories to be used by the 

13 scientific community in order to facilitate the transparent 

14 sharing and availability of data and code for federally 

15 funded research studies. 

16 (c) DEFINITION OF REPRODUCIBILITY.—For the 

17 purposes of this section, the term ‘‘reproducibility’’ means 

18 obtaining consistent results using the same input data, 

19 computational steps, methods and code, and conditions of 

20 analysis. 

21 SEC. 507. PUBLIC-PRIVATE PARTNERSHIPS. 

22 (a) IN GENERAL.—The Director shall pursue part23 nerships with private industry, private foundations, and/ 

24 or other appropriate private entities to— 


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1 (1) enhance the impact of the Foundation’s in2 vestments and contributions to American economic 

3 competitiveness and security; and 

4 (2) make available infrastructure, expertise, and 

5 financial resources to the United States scientific 

6 and engineering research and education enterprise. 

7 (b) MERIT-REVIEW.—Nothing in this section shall be 

8 construed as altering any intellectual or broader impacts 

9 criteria at the Foundation for evaluating grant applica10 tions. 

11 SEC. 508. EPSCOR. 

12 (a) SENSE OF CONGRESS.— 

13 (1) IN GENERAL.—It is the sense of Congress 

14 that— 

15 (A) since maintaining the Nation’s sci16 entific and economic leadership requires the 

17 participation of talented individuals nationwide, 

18 EPSCoR investments into State research and 

19 education capacities that are in the Federal in20 terest and should be sustained; and 

21 (B) EPSCoR should maintain its experi22 mental component by supporting innovative 

23 methods for improving research capacity and 

24 competitiveness. 


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1 (2) DEFINITION OF EPSCOR.—In this sub2 section, the term ‘‘EPSCoR’’ has the meaning given 

3 the term in section 502 of the America COMPETES 

4 Reauthorization Act of 2010 (42 U.S.C. 1862p 

5 note). 

6 (b) UPDATE OF EPSCOR.—Section 517(f)(2) of the 

7 America COMPETES Reauthorization Act of 2010 (42 

8 U.S.C. 1862p–9(f)(2)) is amended— 

9 (1) in subparagraph (A), by striking ‘‘and’’ at 

10 the end; and 

11 (2) by adding at the end the following: 

12 ‘‘(C) to increase the capacity of rural com13 munities to provide quality STEM education 

14 and STEM workforce development program15 ming to students, and teachers; and’’. 

16 SEC. 509. COMPUTING ENCLAVE PILOT PROGRAM. 

17 (a) IN GENERAL.—The Director in consultation with 

18 the Director of the National Institute of Standards and 

19 Technology and the Secretary of Energy, shall award 

20 grants to establish a pilot program to ensure the security 

21 of federally supported research data and to assist regional 

22 institutions of higher education and their researchers in 

23 compliance with regulations regarding the safeguarding of 

24 sensitive information and other relevant regulations and 

25 Federal guidelines. 


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1 (b) STRUCTURE.—In carrying out the pilot program 

2 established pursuant to subsection (a), the Director shall 

3 select three institutions of higher education from among 

4 institutions classified under the Indiana University Center 

5 for Postsecondary Research Carnegie Classification as a 

6 doctorate-granting university with a very high level of re7 search activity, and with a history of working with secure 

8 information for the development, installation, mainte9 nance, or sustainment of secure computing enclaves. 

10 (c) REGIONALIZATION.— 

11 (1) In selecting universities pursuant to sub12 section (b), the Director shall give preference to in13 stitutions of higher education with the capability of 

14 serving other regional universities. 

15 (2) The enclaves should be geographically dis16 persed to better meet the needs of regional interests. 

17 (d) PROGRAM ELEMENTS.—The Director shall work 

18 with Institutions of Higher Education selected pursuant 

19 to subsection (b) to— 

20 (1) develop an approved design blueprint for 

21 compliance with Federal data protection protocols; 

22 (2) develop a comprehensive and confidential 

23 list, or a bill of materials, of each binary component 

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1 quired to deploy additional secure computing en2 claves; 

3 (3) develop templates for all policies and proce4 dures required to operate the secure computing en5 clave in a research setting; 

6 (4) develop a system security plan template; 

7 and 

8 (5) develop a process for managing a plan of 

9 action and milestones for the secure computing en10 clave. 

11 (e) DURATION.—The pilot program established pur12 suant to subsection (a) shall operate for not less than 3 

13 years. 

14 (f) REPORT.— 

15 (1) IN GENERAL.—The Director shall report to 

16 Congress not later than 6 months after the comple17 tion of the pilot program under subsection (a). 

18 (2) CONTENTS.—The report required under 

19 paragraph (1) shall include— 

20 (A) an assessment of the pilot program 

21 under subsection (a), including an assessment 

22 of the security benefits provided by such secure 

23 computing enclaves; 


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1 (B) recommendations related to the value 

2 of expanding the network of secure computing 

3 enclaves; and 

4 (C) recommendations on the efficacy of the 

5 use of secure computing enclaves by other Fed6 eral agencies in a broader effort to expand se7 curity of Federal research. 

8 SEC. 510. DEFINITIONS. 

9 In this title, unless expressly provided otherwise: 

10 (1) DIRECTOR.—The term ‘‘Director’’ means 

11 the Director of the National Science Foundation. 

12 (2) FEDERAL SCIENCE AGENCY.—The term 

13 ‘‘Federal science agency’’ has the meaning given the 

14 term in section 103 of the America COMPETES 

15 Reauthorization Act of 2010 (42 U.S.C. 6623). 

16 (3) FOUNDATION.—The term ‘‘Foundation’’ 

17 means the National Science Foundation. 

18 (4) INSTITUTION OF HIGHER EDUCATION.—The 

19 term ‘‘institution of higher education’’ has the 

20 meaning given the term in section 101(a) of the 

21 Higher Education Act of 1965 (20 U.S.C. 1001(a)). 

22 TITLE VI—STEM WORKFORCE 

23 FOR THE 21ST CENTURY 

24 SEC. 601. FINDINGS; SENSE OF CONGRESS. 

25 (a) FINDINGS.—Congress finds the following: 


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1 (1) Many reports over the past decade have 

2 found that it is critical to our Nation’s economic 

3 leadership and global competitiveness that the 

4 United States educates and trains more scientists 

5 and engineers. 

6 (2) According to the National Science Board’s 

7 Science and Engineering Indicators, the science and 

8 engineering workforce has grown faster over time 

9 than the workforce overall and now represents 5 per10 cent of all United States jobs, with a median salary 

11 more than double that of non-science and engineer12 ing occupations. 

13 (3) According to Bureau of Labor Statistics 

14 projections, the faster growth in STEM employment 

15 relative to overall employment is expected to con16 tinue, and the United States will need one million 

17 additional STEM professionals than it is on track to 

18 produce in the coming decade. 

19 (4) A recent report by ACT, the scholastic test20 ing service, found that only 20 percent of United 

21 States students in the 2016 ACT-tested high school 

22 graduating class were ready for first-year STEM 

23 college courses. 

24 (5) Out of the 70 countries that participate in 

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1 velopment’s Programme for International Student 

2 Assessment, the United States ranks 25th in science 

3 and 40th in mathematics. 

4 (6) The Federal Government spends over $3 

5 billion annually on STEM education related re6 search, programs and activities, but encouraging 

7 STEM education activities beyond the scope of the 

8 Federal Government is crucial to the future tech9 nical and economic competitiveness of the United 

10 States. 

11 (b) SENSE OF CONGRESS.—It is the sense of Con12 gress that— 

13 (1) the Nation’s future economic and national 

14 security relies on building a STEM-capable work15 force in order to remain competitive in the global 

16 economy, foster greater innovation, and provide a 

17 foundation for shared prosperity; 

18 (2) the Federal Government plays a key role in 

19 developing and sustaining a STEM-capable work20 force by working with stakeholders at all levels, in21 cluding researchers, practitioners, industry, and 

22 State and local governments to support and promote 

23 evidence-based approaches; 

24 (3) applying a more holistic view of the STEM 

25 workforce that moves beyond academic degrees and 


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1 occupations will highlight the contributions and op2 portunities for workers at all education levels; 

3 (4) increasing the diversity and inclusion in the 

4 STEM workforce is needed to help address the 

5 STEM skills shortage; 

6 (5) supporting an interdisciplinary approach to 

7 STEM learning, where academic concepts are cou8 pled with real-world applications and students use 

9 STEM in contexts that make connections between 

10 school, community, work, and the wider world will 

11 improve outcomes for students in elementary, sec12 ondary and post-secondary education and for skilled 

13 technical workers in different career stages; 

14 (6) leveraging private and nonprofit invest15 ments in STEM education will be essential to 

16 strengthening the Federal STEM portfolio; and 

17 (7) coordinating STEM programs and activities 

18 across the Federal Government in order to limit du19 plication and engage stakeholders in STEM pro20 grams and related activities for which objective out21 comes can be measured will bolster results of Fed22 eral STEM education programs, improve the return 

23 on taxpayers’ investments in STEM education pro24 grams, and in turn strengthen the United States 

25 economy. 


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1 SEC. 602. ADVANCED TECHNICAL EDUCATION AND 

2 SKILLED TECHNICAL WORKFORCE. 

3 (a) FINDINGS.—Congress finds the following: 

4 (1) A National Academies of Science, Engineer5 ing, and Medicine report predicts a shortfall of near6 ly 3,400,000 skilled technical workers by 2022. 

7 (2) The National Science Foundation’s Ad8 vanced Technical Education program is critical to 

9 helping improve the training of the skilled technical 

10 workforce, with an emphasis on two-year Institutions 

11 of Higher Education (IHEs) and educating techni12 cians for the high-technology fields that drive our 

13 nation’s economy. 

14 (3) The National Science Board’s 2019 report 

15 on the skilled technical workforce called for 

16 strengthening partnerships between skilled technical 

17 workforce programs and business and industry. 

18 (b) ADVANCED TECHNICAL EDUCATION PROGRAM

19 UPDATE.—Section 3(b) of the Scientific and Advanced20 Technology Act of 1992 (42 U.S.C. 1862i(b)) is amended 

21 to read as follows: 

22 ‘‘(b) NATIONAL COORDINATION NETWORK FOR

23 SCIENCE AND TECHNICAL EDUCATION.—The Director 

24 shall award grants to institutions of higher education, 

25 nonprofit institutions, associate-degree granting colleges 


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1 (or consortia thereof) to establish a network of centers for 

2 science and technical education. The centers shall— 

3 ‘‘(1) coordinate research, training and edu4 cation activities funded by awards under subsection 

5 (a) and share information and best practices across 

6 the network of awardees; 

7 ‘‘(2) serve as national and regional clearing8 house and resource to communicate and coordinate 

9 research, training and educational activities across 

10 disciplinary, organizational, geographic and inter11 national boundaries and disseminate best practices; 

12 and 

13 ‘‘(3) develop national and regional partnerships 

14 between K–12 schools, two-year colleges, institutions 

15 of higher education, workforce development pro16 grams, and industry to meet workforce needs.’’. 

17 (c) NSF PORTFOLIO REVIEW AND COORDINATION

18 PLAN.— 

19 (1) IN GENERAL.—Not later than 1 year after 

20 the date of enactment of this Act, the Director of 

21 the National Science Foundation shall conduct a full 

22 portfolio analysis of the Foundation’s skilled tech23 nical workforce investments and develop a plan to 

24 improve coordination and collaboration of research 

25 and education investments and the communication 


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1 of those funding opportunities to the research and 

2 education community. 

3 (2) SUBMISSION TO CONGRESS.—Not later than 

4 180 days after the date of the review and develop5 ment of the plan under paragraph (1) is complete, 

6 the Director of the National Science Foundation 

7 shall submit to Congress and make widely available 

8 to the public a summary of the portfolio review and 

9 plan. 

10 SEC. 603. GRADUATE RESEARCH FELLOWSHIP PROGRAM 

11 UPDATE. 

12 (a) FINDINGS.—Congress finds the following: 

13 (1) The National Science Foundation Graduate 

14 Research Fellowship Program is the nation’s oldest 

15 fellowship program that directly supports American 

16 graduate students in various STEM fields and is a 

17 model for training the best innovators in the United 

18 States. 

19 (2) Since 1952, NSF has funded over 50,000 

20 Graduate Research Fellowships out of more than 

21 500,000 applicants, 42 Fellows have gone on to be22 come Nobel laureates, and more than 450 have be23 come members of the National Academy of Sciences. 


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1 (3) Foreign nations are increasingly investing 

2 in foreign talent programs to compete with the 

3 United States. 

4 (b) SENSE OF CONGRESS.—It is the sense of Con5 gress that the National Science Foundation should grow 

6 the number of new graduate research fellows supported 

7 annually over the next 10 years to no less than 2,500 fel8 lows. 

9 (c) PROGRAM UPDATE.—Section 10 of the National 

10 Science Foundation Act of 1950 (42 U.S.C. 1869) is 

11 amended— 

12 (1) in subsection (a), by inserting ‘‘and as will 

13 address national workforce demand in critical STEM 

14 fields’’ after ‘‘throughout the United States’’; 

15 (2) in subsection (b), by striking ‘‘of $12,000’’ 

16 and inserting ‘‘sufficient to cover full tuition and 

17 mandatory fees’’; and 

18 (3) by adding at the end the following: 

19 ‘‘(c) OUTREACH.—The Director shall ensure program 

20 outreach to recruit fellowship applicants from fields of 

21 study that are in areas of critical national need, from all 

22 regions of the country, and from historically underrep23 resented populations in STEM.’’. 


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1 SEC. 604. ROBERT NOYCE TEACHER SCHOLARSHIP PRO2 GRAM SENSE OF CONGRESS. 

3 It is the sense of Congress that— 

4 (1) the Robert Noyce Teacher Scholarship Pro5 gram plays an important role in supporting the de6 velopment and dissemination of evidence-based 

7 teacher preparation models and the recruitment, 

8 preparation, and retention of STEM educators; 

9 (2) the Robert Noyce Teacher Scholarship Pro10 gram improves recruitment of underrepresented and 

11 STEM-trained students into teaching, encourages 

12 teachers to work in high-need areas, and can im13 prove relationships between teacher preparation pro14 grams and industry; and 

15 (3) the Robert Noyce Teacher Scholarship Pro16 gram which currently supports between 1,000 to 

17 1,500 new math and science teachers a year, includ18 ing in high-need districts should be doubled over the 

19 next ten years to meet the growing demand for 

20 STEM capable educators. 


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1 TITLE VII—ANTARCTIC SCIENCE 

2 AND CONSERVATION MOD3 ERNIZATION 

4 Subtitle A—Antarctic Nongovern5 mental Activity Preparedness 

6 Act 

7 SEC. 701. CONGRESSIONAL FINDINGS AND DECLARATION 

8 OF PURPOSE. 

9 (a) FINDINGS.—The Congress finds that— 

10 (1) for over half a century, scientific investiga11 tion and environmental protection has been the prin12 cipal activity of the Federal Government and United 

13 States citizens in Antarctica; 

14 (2) the National Science Foundation funds and 

15 manages the United States Antarctic Program, the 

16 national program of scientific research in Antarctica, 

17 together with associated logistical support activities, 

18 infrastructure, as well as broad environmental stew19 ardship responsibilities in Antarctica; 

20 (3) land- and ship-borne tourism in Antarctica, 

21 including tourism that United States-based compa22 nies organize or originate, continues to increase at 

23 a significant rate; 

24 (4) achievement of the United States Antarctic 

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1 mitment of the operational and logistics capabilities 

2 of the Program; 

3 (5) long-standing United States policy regard4 ing private non-governmental expeditions to Antarc5 tica has been not to offer support or other services 

6 to private expeditions in Antarctica, and, instead, to 

7 encourage complete operational and financial self8 sufficiency on the part of non-governmental expedi9 tions to Antarctica; 

10 (6) in limited emergency situations the United 

11 States may attempt, at its discretion and in accord12 ance with international law and humanitarian prin13 ciples, the rescue of private individuals provided that 

14 no unacceptable risks are posed to United States 

15 personnel and the rescue can be accomplished by the 

16 United States within locally available means; 

17 (7) increased tourism and other non-govern18 mental activities could result in additional health 

19 and safety, search and rescue, medical care and 

20 evacuation costs. These costs could increase the fi21 nancial burden on the United States Antarctic Pro22 gram, increase the risks to the safety of those in23 volved in search and rescue, and jeopardize scientific 

24 objectives through the diversion of resources; and 


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1 (8) in recognition of the growing potential for 

2 additional costs to be imposed on national Antarctic 

3 programs, the Antarctic Treaty Consultative Parties, 

4 including the United States, adopted Measure 4 

5 (2004), ‘‘Insurance and Contingency Planning for 

6 Tourism and Non-Governmental Activities in the 

7 Antarctic Treaty Area’’. Measure 4 (2004), after it 

8 takes effect, will require the Parties to impose oper9 ational and financial self-sufficiency requirements on 

10 non-governmental persons organizing expeditions to 

11 Antarctica organized in or proceeding from their 

12 country. 

13 (b) PURPOSE.—The purpose of this subtitle is to im14 plement Measure 4 (2004), ‘‘Insurance and Contingency 

15 Planning for Tourism and Non-Governmental Activities in 

16 the Antarctic Treaty Area’’. 

17 SEC. 702. DEFINITIONS. 

18 For purposes of this subtitle: 

19 (1) The term ‘‘Antarctica’’ means the area 

20 south of 60 degrees south latitude. 

21 (2) The term ‘‘Director’’ means the Director of 

22 the National Science Foundation. 

23 (3) The term ‘‘expedition’’ means an activity 

24 undertaken by one or more non-governmental per25 sons organized within or proceeding from the United 


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1 States to or within Antarctica for which advance no2 tification is required under Paragraph 5 of Article 

3 VII of the Antarctic Treaty. The term ‘‘expedition’’ 

4 does not include fishing activities or the operation of 

5 fishing vessels. 

6 (4) The term ‘‘person’’ has the meaning given 

7 that term in section 1 of title 1, United States Code, 

8 and includes any person subject to the jurisdiction 

9 of the United States except that the term does not 

10 include any department, agency, or other instrumen11 tality of the Federal Government. 

12 SEC. 703. OBLIGATION OF PERSONS ORGANIZING EXPEDI13 TIONS TO PREPARE CONTINGENCY PLANS 

14 AND OBTAIN INSURANCE. 

15 (a) Persons organizing expeditions shall— 

16 (1) prepare and establish appropriate contin17 gency plans and sufficient arrangements for health 

18 and safety, search and rescue, medical care and 

19 evacuation of persons engaged in an expedition; 

20 (2) obtain adequate insurance or other financial 

21 arrangements to cover all costs associated with 

22 search and rescue and medical care and possible 

23 evacuation of any persons engaged in an expedition; 

24 and 


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1 (3) establish or obtain the contingency plans, 

2 arrangements and insurance or other financial ar3 rangements referred to in this subsection prior to 

4 the date on which an expedition commences. 

5 (b) The contingency plans and other arrangements 

6 referred to in subsection (a) shall not rely on support from 

7 national Antarctic programs or other agencies of govern8 ments conducting research or other activities in Antarctica 

9 without their express written agreement. 

10 SEC. 704. CERTIFICATION OF COMPLIANCE. 

11 (a) Persons organizing expeditions shall submit to the 

12 Director a written certification that confirms its compli13 ance with the requirements of section 703 of this subtitle, 

14 including a statement that all such plans, arrangements 

15 and insurance or other financial arrangements meet all 

16 applicable international and domestic legal and regulatory 

17 requirements as well as clearly established industry stand18 ards. 

19 (b) Any certification filed pursuant to subsection (a) 

20 of this section shall contain an acknowledgment that any 

21 knowing and willful false statement made in such certifi22 cation is punishable under section 1001 of title 18, United 

23 States Code, by fine or imprisonment of not more than 

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1 tions of section 1001 of such title to the Department of 

2 Justice for criminal prosecution, as appropriate. 

3 SEC. 705. COSTS AND ADMINISTRATIVE FEES. 

4 (a) If any person organizing an expedition receives 

5 any services covered by this subtitle from any department, 

6 agency, or instrumentality of the Federal Government, or 

7 contractors working in support of such entities, absent an 

8 express written agreement for such services with the Na9 tional Science Foundation, the Director may assess the 

10 costs, direct and indirect, of any such services incurred 

11 by the National Science Foundation, its contractors, or 

12 other department, agency or instrumentality of the Fed13 eral Government, including all reasonable attorney’s fees 

14 and costs associated with the collection of such sums. The 

15 Director may request the Attorney General to initiate a 

16 civil action for the recovery of such costs. The National 

17 Science Foundation is authorized to retain all monies col18 lected pursuant to this subsection and shall distribute such 

19 monies to any department, agency or instrumentality of 

20 the Federal Government to the extent non-reimbursed 

21 costs were actually incurred by those entities. Such monies 

22 shall remain available for expenditure, without further ap23 propriation, until expended. 

24 (b) Beginning in fiscal year 2014 and thereafter, the 

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1 istrative fees for the administration of the requirements 

2 of this subtitle. The National Science Foundation is au3 thorized to retain all monies collected pursuant to this sec4 tion. Such monies shall remain available for expenditure, 

5 without further appropriation, until expended. 

6 SEC. 706. FOREIGN EXPEDITIONS. 

7 A person organizing an expedition shall not be re8 quired to comply with the provisions of this subtitle if the 

9 Secretary of State determines at any time, in writing, that 

10 another Party to the Antarctic Treaty has jurisdiction 

11 over that expedition and is exercising its authority with 

12 regard to that expedition. However, to the extent the Na13 tional Science Foundation, its contractors, or other de14 partment, agency or instrumentality of the Federal Gov15 ernment incurs direct or indirect costs relating to services 

16 covered by this subtitle for an expedition, those costs re17 main recoverable against persons subject to the jurisdic18 tion of the United States pursuant to section 705. 

19 SEC. 707. CIVIL PENALTIES. 

20 (a) ASSESSMENT OF PENALTIES.—Any person orga21 nizing an expedition that the Director determines, after 

22 notice and an opportunity for a hearing, to have failed 

23 to comply with the requirements of this subtitle, or its im24 plementing regulations, shall be liable to the United States 

25 for a civil penalty. The amount of the civil penalty shall 


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1 not exceed $125,000 for each violation unless the prohib2 ited act was knowingly committed, in which case the 

3 amount of the civil penalty shall not exceed $250,000 for 

4 each violation. Each day an expedition remains in Antarc5 tica without complying with the requirements of this sub6 title shall constitute a separate offense for penalty pur7 poses. The amount of any civil penalty shall be assessed 

8 by the Director by written notice. Any civil penalty as9 sessed under this subsection may be remitted or mitigated 

10 by the Director. 

11 (b) HEARINGS.—Hearings for the assessment of civil 

12 penalties under subsection (a) shall be conducted in ac13 cordance with section 554 of title 5, United States Code. 

14 For the purposes of conducting any such hearing, the Di15 rector may issue subpoenas for the attendance and testi16 mony of witnesses and the production of relevant papers, 

17 books, and documents, and may administer oaths. Wit18 nesses summoned shall be paid the same fees and mileage 

19 that are paid to witnesses in the courts of the United 

20 States. In case of contumacy or refusal to obey a subpoena 

21 served upon any person pursuant to this subsection, the 

22 district court of the United States for any district in which 

23 such person is found, resides, or transacts business, upon 

24 application by the United States and after notice to such 

25 person, shall have jurisdiction to issue an order requiring 


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1 such person to appear and give testimony before the Di2 rector or to appear and produce documents before the Di3 rector, or both, and any failure to obey such order of the 

4 court may be punished by such court as a contempt there5 of. 

6 (c) REVIEW.—Upon the failure of any person against 

7 whom a civil penalty is assessed under subsection (a) of 

8 this section to pay such penalty, the Director may request 

9 the Attorney General to institute a civil action in a district 

10 court of the United States for any district in which such 

11 person is found, resides, or transacts business to collect 

12 the penalty and such court shall have jurisdiction to hear 

13 and decide any such action. The court shall hear such ac14 tion on the record made before the Director and shall sus15 tain the decision of the Director if it is supported by sub16 stantial evidence on the record considered as a whole. 

17 (d) PENALTIES UNDER OTHER LAWS.—The assess18 ment of a civil penalty under subsection (a) of this section 

19 for any act shall not be deemed to preclude the assessment 

20 of a civil penalty for such act under any other law. 

21 SEC. 708. REGULATIONS. 

22 The Director may prescribe such regulations as may 

23 be appropriate to implement and enforce the provisions 

24 of this subtitle. 


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1 SEC. 709. EFFECTIVE DATE. 

2 This subtitle shall take effect 180 days after enact3 ment. 

4 Subtitle B—Antarctic Environ5 mental Liability Act of 2020 

6 SEC. 711. SHORT TITLE. 

7 This subtitle may be cited as the ‘‘Antarctic Environ8 mental Liability Act of 2020’’. 

9 SEC. 712. PURPOSE. 

10 The purpose of this subtitle is to implement Annex 

11 VI to the Protocol on Environmental Protection to the 

12 Antarctic Treaty, ‘‘Liability Arising From Environmental 

13 Emergencies’’. 

14 SEC. 713. IMPLEMENTING AMENDMENTS. 

15 (a) IN GENERAL.—The Antarctic Conservation Act 

16 of 1978 (16 U.S.C. 2401 et seq.) is amended— 

17 (1) in section 3, by striking ‘‘and’’ at the end 

18 of paragraph (22), striking the period at the end of 

19 paragraph (23) and inserting a semicolon, and by 

20 adding at the end the following: 

21 ‘‘(24) the term ‘Annex VI’ means Annex VI to 

22 the Protocol on Environmental Protection to the 

23 Antarctic Treaty, Liability Arising From Environ24 mental Emergencies; 

25 ‘‘(25) the term ‘environmental emergency’ 

26 means any event that occurs after the entry into 


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1 force of Annex VI, and that results in, or immi2 nently threatens to result in, any significant and 

3 harmful impact on the Antarctic environment; 

4 ‘‘(26) the term ‘nongovernmental operator’ 

5 means any operator other than a governmental oper6 ator or a contractor or subcontractor acting on be7 half of any governmental operator; 

8 ‘‘(27) the term ‘operator’ means any person 

9 who organizes activities (including tourist activities) 

10 in the United States to be carried out in Antarctica, 

11 and any person who organizes activities (including 

12 tourist activities) in a country other than the United 

13 States to be carried out in Antarctica if such person 

14 has its principal place of business or habitual place 

15 of residence in the United States, or is incorporated 

16 in the United States, except that the term operator 

17 does not include— 

18 ‘‘(A) an individual who is an employee, 

19 contractor, subcontractor, or agent of, or who is 

20 in the service of, a person who organizes activi21 ties to be carried out in Antarctica; 

22 ‘‘(B) a contractor or subcontractor acting 

23 on behalf of any governmental operator; or 

24 ‘‘(C) any person who organizes only fishing 

25 activities to be carried out in Antarctica; 


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1 ‘‘(28) the term ‘reasonable’, as applied to ‘pre2 ventative measures’ and ‘response action’, means 

3 measures or actions which are appropriate, prac4 ticable, proportionate and based on the availability 

5 of objective criteria and information, including— 

6 ‘‘(A) risks to the Antarctic environment, 

7 and the rate of its natural recovery; 

8 ‘‘(B) risks to human life and safety; and 

9 ‘‘(C) technological and economic feasibility; 

10 and 

11 ‘‘(29) the term ‘response action’ means reason12 able measures taken after an environmental emer13 gency has occurred to avoid, minimize or contain the 

14 impact of that environmental emergency, which to 

15 that end may include clean-up in appropriate cir16 cumstances, and includes determining the extent of 

17 that emergency and its impact, except that for pur18 poses of this Act, the definition of ‘response’ con19 tained in section 101(25) of the Comprehensive En20 vironmental Response, Compensation, and Liability 

21 Act (42 U.S.C. 9601(25)) shall not apply.’’; 

22 (2) by inserting after section 4A the following: 


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1 ‘‘SEC. 4B. PREVENTATIVE MEASURES. 

2 ‘‘(a) Operators shall undertake reasonable preventa3 tive measures that are designed to reduce the risk of envi4 ronmental emergencies and their potential adverse impact. 

5 ‘‘(b) Such preventative measures may include— 

6 ‘‘(1) specialized structures or equipment incor7 porated into the design and construction of facilities 

8 and means of transportation; 

9 ‘‘(2) specialized procedures incorporated into 

10 the operation or maintenance of facilities and means 

11 of transportation; and 

12 ‘‘(3) specialized training of personnel. 

13 ‘‘SEC. 4C. CONTINGENCY PLANS. 

14 ‘‘(a) Operators shall— 

15 ‘‘(1) establish contingency plans for responses 

16 to incidents with potential adverse impacts on the 

17 Antarctic environment or dependent and associated 

18 ecosystems; and 

19 ‘‘(2) cooperate in the formulation and imple20 mentation of such contingency plans. 

21 ‘‘(b) Such contingency plans shall include, when ap22 propriate, the following components: 

23 ‘‘(1) procedures for conducting an assessment 

24 of the nature of the incident; 

25 ‘‘(2) notification procedures; 


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1 ‘‘(3) identification and mobilization of re2 sources; 

3 ‘‘(4) response plans; 

4 ‘‘(5) training; 

5 ‘‘(6) recordkeeping; and 

6 ‘‘(7) demobilization. 

7 ‘‘SEC. 4D. RESPONSE ACTION. 

8 ‘‘An operator shall take prompt and effective re9 sponse action to environmental emergencies arising from 

10 the activities of that operator.’’; 

11 (3) by inserting after section 6 the following: 

12 ‘‘SEC. 6A. LIABILITY OF NONGOVERNMENTAL OPERATORS. 

13 ‘‘(a) LIABILITY.—Whenever, on the basis of informa14 tion available to it, a Government of a State Party to 

15 Annex VI, other than the United States— 

16 ‘‘(1) finds that a nongovernmental operator has 

17 failed to take prompt and effective response action 

18 to an environmental emergency arising from that op19 erator’s activities, as required by section 4D, and 

20 ‘‘(2) said Government takes a response action 

21 to that environmental emergency, such Government 

22 may bring a civil action against that operator to re23 cover the costs of such response action in an appro24 priate district court in accordance with section 12. 


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1 Any such operator found to have violated the requirements 

2 of section 4D shall be liable to pay to that Government 

3 the costs of the response action taken by such Govern4 ment. 

5 ‘‘(b) FAILURE TO COMPLY.—Failure of a Govern6 ment to comply with the provisions of Article 5, para7 graphs 3, 4, or 5 of Annex VI shall not be a defense to 

8 liability under this section. 

9 ‘‘(c) STRICT LIABILITY.—Liability pursuant to sub10 sections (a), (e), (k), and (l) shall be strict. 

11 ‘‘(d) JOINT LIABILITY.—When an environmental 

12 emergency arises from the activities of two or more non13 governmental operators, they shall be jointly and severally 

14 liable under subsection (a), (k), or (l), except that an oper15 ator which establishes that only part of the environmental 

16 emergency resulted from its activities shall be liable in re17 spect of that part only. 

18 ‘‘(e) CLAIMS.—Any nongovernmental operator may 

19 seek contribution from any other nongovernmental oper20 ator that is liable or potentially liable under section 2406 

21 of this title. Such claims shall be brought in accordance 

22 with this section and the Federal Rules of Civil Procedure, 

23 and shall be governed by Federal law. In resolving con24 tribution claims, the court may allocate response costs 

25 among liable parties using such equitable factors as the 


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1 court determines are appropriate. Nothing in this sub2 section shall diminish the right of any person to bring an 

3 action for contribution in the absence of a civil action 

4 under subsection (a), (k), or (l) of section 7. 

5 ‘‘(f) PERIOD IN WHICH ACTIONS MAY BE

6 BROUGHT.— 

7 ‘‘(1) RESPONSE PERIOD.—An action under sec8 tion 7(a) or (k) of this title must be commenced 

9 within three years of the commencement of the re10 sponse action or within three years of the date on 

11 which the Government bringing the action knew or 

12 ought reasonably to have known the identity of the 

13 nongovernmental operator, whichever is later. In no 

14 event shall an action against a nongovernmental op15 erator be commenced later than 15 years after the 

16 commencement of the response action. 

17 ‘‘(2) COST RECOVERY PERIOD.—An action 

18 under section 7(e) of this title for contribution to19 ward costs incurred pursuant to section 7(a) or (b) 

20 must be commenced within three years of the date 

21 of judgment in any action under section 7(a) or (k) 

22 for recovery of such response costs or in the absence 

23 of such an action, within three years of the date that 

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1 sonably to have known the identity of the nongovern2 mental operator. 

3 ‘‘(3) COST CONTRIBUTION PERIOD.—An action 

4 under section 7(e) for contribution toward response 

5 costs assessed pursuant to section 7(l) must be com6 menced within three years of the date of the assess7 ment or within three years of the date of any judg8 ment under subsection 7(l)(vii), whichever is later. 

9 ‘‘(g) LIABILITY COST LIMIT.—The maximum amount 

10 for which each nongovernmental operator may be liable 

11 for the costs of response actions under sections 7(a), 7(k), 

12 or 7(l), in respect of each environmental emergency, shall 

13 be as follows: 

14 ‘‘(1) For an environmental emergency arising 

15 from an event involving a ship: 

16 ‘‘(A) one million SDR for a ship with a 

17 tonnage not exceeding 2,000 tons; and 

18 ‘‘(B) for a ship with a tonnage in excess of 

19 2,000 tons, the following amount in addition to 

20 that referred to in subparagraph (A): 

21 ‘‘(i) for each ton from 2,001 to 

22 30,000 tons, 400 SDR; 

23 ‘‘(ii) for each ton from 30,001 to 

24 70,000 tons, 300 SDR; and 


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1 ‘‘(iii) for each ton in excess of 70,000 

2 tons, 200 SDR. 

3 ‘‘(2) For an environmental emergency arising 

4 from an event which does not involve a ship, three 

5 million SDR. 

6 ‘‘(3) For the purposes of this subsection: 

7 ‘‘(A) ‘ship’ means a vessel of any type 

8 whatsoever operating in the marine environ9 ment and includes hydrofoil boats, air-cushion 

10 vehicles, submersibles, floating craft and fixed 

11 or floating platforms; 

12 ‘‘(B) ‘SDR’ means the Special Drawing 

13 Rights as defined by the International Mone14 tary Fund; and 

15 ‘‘(C) a ship’s tonnage shall be the gross 

16 tonnage calculated in accordance with the ton17 nage measurement rules contained in Annex I 

18 of the International Convention on Tonnage 

19 Measurement of Ships, 1969. 

20 ‘‘(h) EXCEPTION.—Notwithstanding the provisions of 

21 subsection (g), liability shall not be limited if it is proved 

22 that the environmental emergency resulted from an act or 

23 omission of the operator, committed with the intent to 

24 cause such emergency, or recklessly and with knowledge 

25 that such emergency would probably result. 


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1 ‘‘(i) EXCEPTION.—A nongovernmental operator shall 

2 not be liable pursuant to subsection (a), subsection (e), 

3 subsection (k), or subsection (l) if it proves that the envi4 ronmental emergency was caused by— 

5 ‘‘(1) an act or omission necessary to protect 

6 human life or safety; 

7 ‘‘(2) an event constituting in the circumstances 

8 of Antarctica a natural disaster of an exceptional 

9 character, which could not have been reasonably 

10 foreseen, either generally or in the particular case, 

11 provided all reasonable preventative measures were 

12 taken that are designed to reduce the risk of envi13 ronmental emergencies and their potential adverse 

14 impact; 

15 ‘‘(3) an act of terrorism by some other person 

16 or entity; or 

17 ‘‘(4) an act of belligerency by some other per18 son or entity against the activities of the operator. 

19 ‘‘(j) INSURANCE REQUIREMENT.—Nongovernmental 

20 operators shall maintain adequate insurance or other fi21 nancial security, such as the guarantee of a bank or simi22 lar financial institution, to cover liability under section 7 

23 of this title up to the limits set forth in subsection (g). 

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1 strumentality of the United States (i) finds that a non2 governmental operator has failed to take prompt and ef3 fective response action to an environmental emergency 

4 arising from its activities, as required by section 4D, and 

5 (ii) takes a response action to that environmental emer6 gency, such department, agency or other instrumentality 

7 may request the Attorney General to bring a civil action 

8 to recover the costs of such response action in an appro9 priate district court in accordance with section 12 of this 

10 title. Any such operator found to have violated the require11 ments of section 4D shall be liable to the United States 

12 for the costs of the response action taken by said depart13 ment, agency or instrumentality. The department, agency, 

14 or other instrumentality of the United States that takes 

15 a response action under this subsection, or section 9(a), 

16 is authorized to retain, in its budget, the monies collected 

17 pursuant to this subsection. Such monies shall remain 

18 available for expenditure, without further appropriation, 

19 until expended by that department, agency or other instru20 mentality. 

21 ‘‘(l) NOTIFICATION.—Upon notice that a nongovern22 mental operator has failed to take prompt and effective 

23 response action to an environmental emergency arising 

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1 sponse action was taken by any Party to the Protocol, the 

2 following procedures shall be followed: 

3 ‘‘(1) The Director, after notice and opportunity 

4 for a hearing in accordance with subsection (l)(ii), 

5 shall assess the cost of the response action that 

6 should have been taken and may assess the reason7 able costs incurred by the United States under this 

8 subsection to determine that cost. The Director is 

9 authorized to promulgate regulations to implement 

10 this subsection. 

11 ‘‘(2) Hearings for the assessment of the costs 

12 under subsection (l)(i) shall be conducted in accord13 ance with section 554 of title 5, United States Code. 

14 For the purposes of conducting any such hearing, 

15 the Director may issue subpoenas for the attendance 

16 and testimony of witnesses and the production of 

17 relevant papers, books, and documents, and may ad18 minister oaths. Witnesses summoned shall be paid 

19 the same fees and mileage that are paid to witnesses 

20 in the courts of the United States. In case of contu21 macy or refusal to obey a subpoena served upon any 

22 person pursuant to this subsection, the district court 

23 of the United States for any district in which such 

24 person is found, resides, or transacts business, upon 

25 application by the United States and after notice to 


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1 such person, shall have jurisdiction to issue an order 

2 requiring such person to appear and give testimony 

3 before the Director or to appear and produce docu4 ments before the Director and any failure to obey 

5 such order of the court may be punished by such 

6 court as a contempt thereof. 

7 ‘‘(3) Response action costs assessed pursuant to 

8 this section shall reflect, as much as possible, the 

9 costs of the response action that should have been 

10 taken and the maximum recovery amount of those 

11 costs shall be as set forth in subsection (g). Further, 

12 the assessment of response action costs pursuant to 

13 this section shall not be deemed to preclude the as14 sessment of additional civil or criminal penalties for 

15 violations of any other provision of this Chapter or 

16 any other law. 

17 ‘‘(4) At the request of the Director, and with 

18 the concurrence of the Secretary of the Department 

19 in which the Coast Guard is operating, the Com20 mandant of the Coast Guard shall— 

21 ‘‘(A) render, on a non-reimbursable basis, 

22 such assistance that the Director may require, 

23 necessary to assess the cost of response action 

24 that should have been taken in the case of an 

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1 tor’s ship-based activities, including any deter2 mination concerning the underlying response 

3 activity; and 

4 ‘‘(B) conduct, on a non-reimbursable basis, 

5 an investigation or an evidentiary hearing, nec6 essary to assess the cost of the response action 

7 that should have been taken in the case of an 

8 environmental emergency caused by the opera9 tor’s ship-based activities, including any deter10 mination concerning the underlying response 

11 activity and to submit to the Director proposed 

12 findings of fact and recommendations for adju13 dication by the Director. 

14 ‘‘(5) With regard to any investigation or evi15 dentiary hearing conducted pursuant to clause (iv), 

16 the Director is authorized to delegate, to the Com17 mandant, the authority, set forth in clause (ii), to 

18 issue subpoenas and administer oaths, and to pay 

19 fees and mileage. In case of contumacy or refusal to 

20 obey a subpoena served upon any person pursuant to 

21 this clause, the district court of the United States 

22 for any district in which such person is found, re23 sides, or transacts business, upon application by the 

24 United States and after notice to such person, shall 

25 have jurisdiction to issue an order requiring such 


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1 person to appear and give testimony before the 

2 agency head or to appear and produce documents 

3 before the agency head, and any failure to obey such 

4 order of the court may be punished by such court as 

5 a contempt thereof. 

6 ‘‘(6) The Director shall not commence an ad7 ministrative proceeding in accordance with clauses 

8 (i) and (ii) of this section later than 15 years after 

9 the United States Government becomes aware of the 

10 environmental emergency. 

11 ‘‘(7) Upon the failure of any operator against 

12 whom costs have been assessed under this section to 

13 pay such costs, the Director may request the Attor14 ney General to institute a civil action in a district 

15 court of the United States for any district in which 

16 such person is found, resides, or transacts business 

17 to collect the costs and such court shall have juris18 diction to hear and decide any such action. The 

19 court shall hear such action on the record made be20 fore the Director pursuant to this section and shall 

21 sustain the Director’s decision if it is supported by 

22 substantial evidence on the record considered as a 

23 whole. 


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1 ‘‘(m) FEES.—Any monetary recovery under sub2 sections (a), (k) and (l) shall, in addition, include all rea3 sonable attorney’s fees and costs. 

4 ‘‘(n) ARTICLE 12 FUND.—An amount equal to the 

5 amount recovered pursuant to section (1) for the cost of 

6 the response action that should have been taken shall be 

7 forwarded to the fund established pursuant to Article 12 

8 of Annex VI. 

9 ‘‘(o) EXPENDITURE.—To the extent the department, 

10 agency, or other instrumentality of the United States re11 tains monies collected pursuant to this section, such entity 

12 is authorized to retain, in its budget, the monies collected 

13 pursuant to this section. Such monies shall remain avail14 able for expenditure, without further appropriation, until 

15 expended by that department, agency or other instrumen16 tality of the United States.’’; 

17 (4) in section 6— 

18 (A) in subsection (a)— 

19 (i) by striking ‘‘Annex II and Annex 

20 V’’ and inserting ‘‘Annex II, Annex V and 

21 Annex VI’’; and 

22 (ii) by striking ‘‘including sections 

23 4(b)(2), (3), (4) and (5)’’ and inserting 

24 ‘‘including section 3, section 4(b)(2), (3), 


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1 (4) and (5), section 4D and section 7’’; 

2 and 

3 (B) in subsection (b), by striking ‘‘to im4 plement Annex IV to the Protocol and the pro5 visions of this Act which implement that 

6 Annex’’ and inserting ‘‘to implement Annex IV 

7 and ship-based matters under Annex VI to the 

8 Protocol and the provisions of this Act which 

9 implement these Annexes’’; 

10 (5) in section 9— 

11 (A) in subsection (a) by adding ‘‘other 

12 than a Federal department, agency or instru13 mentality’’ after ‘‘person’’; and 

14 (B) by striking ‘‘$5,000’’ and inserting 

15 ‘‘$10,000’’; 

16 (6) in section 11— 

17 (A) by striking the section heading and in18 serting ‘‘JURISDICTION OF FEDERAL

19 COURTS; VENUE, REVIEW OF REGULA20 TIONS; SERVICE OF PROCESS’’; 

21 (B) by inserting ‘‘(a) U.S. DISTRICT

22 COURTS.—’’ before ‘‘The district courts of the 

23 United States shall have exclusive jurisdiction 

24 over any case or controversy arising under the 

25 provisions of this chapter or of any regulation 


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1 prescribed, or permit issued, under this chap2 ter.’’; and 

3 (C) by adding the following subsections at 

4 the end of the section: 

5 ‘‘(b) JURISDICTION.—An action by any Government 

6 of a State Party to Annex VI, including the United States, 

7 against any person subject to legal action under this chap8 ter may be brought only in a district court in a jurisdiction 

9 where such person is located or resides or is doing busi10 ness. A claim for contribution by a nongovernmental oper11 ator under section 2406(e) of this title may be brought 

12 in any district in which the defendant resides, may be 

13 found, or has his principal office. 

14 ‘‘(c) LIMITATION.—In any action brought under sec15 tion 2406 of this title, process may be served in any dis16 trict where the defendant is found, resides, transacts busi17 ness, or has appointed an agent for the service of proc18 ess.’’. 

19 SEC. 714. EFFECTIVE DATE. 

20 This subtitle and the amendments made by this sub21 title shall take effect upon the entry into force of Annex 

22 VI, except that the amendments made by subsections (f) 

23 and (g) of section 713 shall take effect immediately upon 

24 the enactment of this Act. 


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1 TITLE VIII—TECHNOLOGY 

2 TRANSFER AND INNOVATION 

3 SEC. 801. FEDERAL LABORATORY COMPUTER PROGRAMS 

4 UPDATE. 

5 (a) UTILIZATION OF FEDERAL TECHNOLOGY UP6 DATE.—Section 11 of the Stevenson-Wydler Technology 

7 Innovation Act of 1980 (15 U.S.C. 3710) is amended by 

8 adding at the end the following: 

9 ‘‘(j)(1) COPYRIGHT PROTECTION.—Pursuant to sec10 tion 105(b)(1) of title 17, United States Code, and subject 

11 to the requirements therein, the director of any Govern12 ment-operated Federal laboratory may seek copyright pro13 tection on behalf of the United States in a work described 

14 in that section. 

15 ‘‘(2) GUIDELINES.—The Secretary is authorized to 

16 provide guidelines to implement paragraph (1) of this sec17 tion and to provide guidance for the management of works 

18 in which copyright protection is obtained.’’. 

19 (b) GOVERNMENT WORKS COPYRIGHT UPDATE.— 

20 Section 105 of title 17, United States Code, is amended— 

21 (1) by striking ‘‘Copyright protection’’ and in22 serting ‘‘(a) Copyright protection’’; and 

23 (2) by adding at the end the following: 

24 ‘‘(b) Notwithstanding subsection (a), copyright pro25 tection under this title is available for— 


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1 ‘‘(1) a computer program that is a work of the 

2 United States Government and is created at a Fed3 eral laboratory, as defined in section 4 of the Ste4 venson-Wydler Technology Innovation Act of 1980 

5 (15 U.S.C. 3703), and which is a result of research, 

6 development, or engineering at the Federal labora7 tory, provided that the United States Government 

8 makes application for copyright registration under 

9 section 409 pursuant to the authority granted under 

10 section 11(k) of such Act within 6 months from em11 ployee disclosure of the work to the Federal labora12 tory, and provided further that a certificate of reg13 istration is issued pursuant to section 410 of this 

14 title or following judicial review pursuant to chapter 

15 7 of title 5; and 

16 ‘‘(2) standard reference data prepared or made 

17 available by the Department of Commerce, provided 

18 the copyright is secured by the Secretary of Com19 merce in the manner set forth in section 6 of the 

20 Standard Reference Data Act (15 U.S.C. 290e).’’. 

21 SEC. 802. EXTEND CRADA INFORMATION PROTECTION PE22 RIOD. 

23 Section 12(c)(7)(B) of the Stevenson-Wydler Tech24 nology Innovation Act of 1980 (15 U.S.C. 


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1 3710a(c)(7)(B)) is amended by striking ‘‘5’’ and inserting 

2 ‘‘12’’. 

3 SEC. 803. STEVENSON-WYDLER ACT AUTHORITY UPDATE. 

4 Section 11 of the Stevenson-Wydler Technology Inno5 vation Act of 1980 (15 U.S.C. 3710(g)) is amended to 

6 read as follows: 

7 ‘‘(g) FUNCTIONS OF SECRETARY.—The Secretary 

8 shall convene an Interagency Working Group for Tech9 nology Transfer comprising those agencies with at least 

10 one Federal laboratory to— 

11 ‘‘(1) share best practices for realizing the com12 mercial potential of inventions and methods and op13 tions for commercialization which are available to 

14 the Federal laboratories, including research and de15 velopment limited partnerships and cooperative re16 search and development agreements; and 

17 ‘‘(2) issue such guidelines as may be necessary 

18 to carry out this chapter, acting through the Direc19 tor of the National Institute of Standards and Tech20 nology and with the concurrence of the Interagency 

21 Working Group for Technology Transfer.’’. 

22 SEC. 804. ROYALTY PAYMENTS TO FEDERAL EMPLOYEES 

23 UPDATE. 

24 Section 14 of the Stevenson-Wydler Technology Inno25 vation Act of 1980 (15 U.S.C. 3710c) is amended— 


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1 (1) by striking ‘‘inventions’’ each place the term 

2 appears and inserting ‘‘inventions and other intellec3 tual property’’; 

4 (2) by striking ‘‘invention’’ each place the term 

5 appears and inserting ‘‘invention or other intellec6 tual property’’; 

7 (3) by striking ‘‘inventors’’ each place the term 

8 appears and inserting ‘‘inventors or contributors’’; 

9 (4) in subsection (a)(1) after ‘‘shall be’’ insert10 ing ‘‘non-appropriated funds and shall be’’; 

11 (5) in subsection (a)(1)(A)(i) inserting at the 

12 end ‘‘, or to the contributor or co-contributors if a 

13 certificate of copyright registration is issued to the 

14 United States’’; 

15 (6) in subsection (a)(1)(A)(ii) after ‘‘inventor 

16 of’’ inserting ‘‘or contributor to’’; 

17 (7) in subsection (a)(3) by striking ‘‘inventor’’ 

18 each place the term appears and inserting ‘‘inventor 

19 or contributor’’; 

20 (8) in subsection (a)(3) by striking ‘‘$150,000’’ 

21 each place the term appears and inserting 

22 ‘‘500,000’’; 

23 (9) at the end of subsection (a) by inserting the 

24 following new paragraph: 


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1 ‘‘(5) Any royalties or other payments received by a 

2 Federal agency from the licensing and assignment of 

3 works under agreements entered into by Federal labora4 tories under section 12 of this Act, and from the licensing 

5 of works by Federal laboratories under any provision of 

6 law shall be retained by the agency licensing or assigning 

7 the work on behalf of the United States Government and 

8 shall be disposed of after payment of any copyright reg9 istration cots. The head of the agency is authorized to dis10 pose of such royalties or other payments through transfer 

11 by the agency to its bureaus or laboratories, with the ma12 jority share of the royalties or other payments from any 

13 copyright going to the bureau or laboratory where or for 

14 which the copyrighted work was made. 

15 ‘‘(A) The royalties or other payments so trans16 ferred to any bureau or laboratory may be used or 

17 obligated by that bureau or laboratory during the 

18 fiscal year in which they are received or during the 

19 2 succeeding fiscal years— 

20 ‘‘(i) to reward contributors of copyrighted 

21 computer programs; 

22 ‘‘(ii) to further information exchange 

23 among bureaus and laboratories of the agency 

24 or with another agency; 


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1 ‘‘(iii) for education and training of employ2 ees consistent with the missions and objectives 

3 of the agency, bureau, or laboratory; 

4 ‘‘(iv) for payment of expenses incidental to 

5 the administration and licensing of intellectual 

6 property by the agency or laboratory with re7 spect to copyrighted computer programs made 

8 at that bureau or laboratory, including the fees 

9 or other costs for the services of other agencies, 

10 persons, or organizations for intellectual prop11 erty management and licensing services; or 

12 ‘‘(v) for scientific research and develop13 ment consistent with the research and develop14 ment missions and objectives of the bureau or 

15 laboratory. 

16 ‘‘(B) All royalties or other payments retained 

17 by the agency, bureau, or laboratory after payments 

18 have been made pursuant to subparagraph (A) that 

19 is unobligated and unexpended at the end of the sec20 ond fiscal year succeeding the fiscal year in which 

21 the royalties and other payments were received shall 

22 be paid into the Treasury. 

23 ‘‘(C) As used in the section, the term ‘contrib24 utor’ means a laboratory employee who is a creator 


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1 of an original expression in a copyrighted computer 

2 program.’’; and 

3 (10) in subsection (a)(1)(B)— 

4 (A) by striking ‘‘; or’’ at the end of clause 

5 (iv) and inserting a semicolon; 

6 (B) by striking the period at the end of 

7 clause (v) and inserting ‘‘; or’’; and 

8 (C) by inserting at the end the following: 

9 ‘‘(vi) for the acquisition, administra10 tion and licensing of intellectual prop11 erty.’’. 

12 SEC. 805. GOVERNMENT INTELLECTUAL PROPERTY CLARI13 FICATION. 

14 Section 15 of the Stevenson-Wydler Technology Inno15 vation Act of 1980 (15 U.S.C. 3710d) is amended in sub16 section (a) to read as follows: 

17 ‘‘(a) IN GENERAL.— 

18 ‘‘(1) INVENTION RIGHTS.—The Government 

19 shall obtain the entire right, title and interest in and 

20 to all inventions made by any Federal employee— 

21 ‘‘(A) during working hours; 

22 ‘‘(B) with a contribution by the Govern23 ment of facilities, equipment, materials, funds, 

24 or information, or of time or services of other 

25 Federal employees on official duty; or 


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1 ‘‘(C) within his or her field of research or 

2 within his or her official employment responsi3 bility and activity. 

4 ‘‘(2) DISCLOSURE.—Any invention made by a 

5 Federal employee as described in paragraph (1) shall 

6 be disclosed by the Federal employee to the agency 

7 that employs the Federal employee within 10 months 

8 of the earlier of the date of conception or actual re9 duction to practice of the invention. The Govern10 ment shall obtain the entire right, title, and interest 

11 in and to any invention conceived or actually re12 duced to practice by a Federal employee that is not 

13 disclosed to the Government within 10 months from 

14 the earlier of the date of conception or actual reduc15 tion to practice of the invention. 

16 ‘‘(3) PRESUMPTION.—Any invention made by a 

17 Federal employee as described in paragraph (1) shall 

18 be presumed to be owned by the Government, and 

19 the Federal employee is presumptively obligated to 

20 assign the entire right, title, and interest in and to 

21 the invention to the Government. A Federal em22 ployee that disagrees with the presumption of owner23 ship and obligation of assignment may request, from 

24 the agency employing the Federal employee, a deter25 mination of rights in and to the invention and shall 


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1 do so within 30 days of the disclosure pursuant to 

2 paragraph (2). The request shall provide all grounds 

3 and justification for leaving rights with the Federal 

4 employee. If the request is not made by the em5 ployee within the 30-day period, the Government 

6 shall retain all right, title, and interest to the inven7 tion. 

8 ‘‘(4) PATENT RIGHTS.—If a Federal agency 

9 which has ownership of or the right of ownership to 

10 an invention made by a Federal employee does not 

11 intend to file for a patent application or otherwise 

12 promote commercialization of such invention, the 

13 agency shall (upon request) allow the inventor, if the 

14 inventor is a Federal employee or former employee 

15 who made the invention during the course of employ16 ment with the Government, to obtain or retain title 

17 to the invention (subject to reservation by the Gov18 ernment of a nonexclusive, nontransferable, irrev19 ocable, paid-up license to practice the invention or 

20 have the invention practiced throughout the world by 

21 or on behalf of the Government). In addition, the 

22 agency may condition the inventor’s right to title on 

23 the timely filing of a patent application in cases 

24 when the Government determines that it has or may 

25 have a need to practice the invention. 


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1 ‘‘(5) COMPUTER PROGRAM DISCLOSURE.—Any 

2 computer program that is a work of the United 

3 States Government and is created at a Federal lab4 oratory within section 105(b)(1) of title 17, United 

5 States Code, shall be disclosed by the Federal em6 ployee who created such program to the Federal lab7 oratory that employs the Federal employee. 

8 ‘‘(6) AUTHOR RIGHTS.—Any program described 

9 in paragraph (5) prepared by a Federal employee 

10 within the scope of his or her employment shall be 

11 considered a work made for hire and the Govern12 ment shall be the author. A Federal employee who 

13 discloses as required under paragraph (5) but who 

14 contests that the Government is the author may re15 quest, from the agency employing the Federal em16 ployee, a determination of rights in and to the pro17 gram and shall do so within 30 days of the disclo18 sure pursuant to paragraph (5). The request shall 

19 provide all grounds and justification for leaving 

20 rights with the Federal employee. If the request is 

21 not made by the Federal employee within the 30-day 

22 period, the Government shall remain and shall be 

23 the author of such program. 

24 ‘‘(7) REPORTING EXEMPTION.—Such reporting 

25 requirements shall not apply to Federal employees 


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1 who are otherwise prohibited from applying for or 

2 obtaining a patent. The Secretary may issue guide3 lines to implement this section.’’. 

4 SEC. 806. CLARIFYING CRADA AUTHORITY. 

5 Section 12 of the Stevenson-Wydler Technology Inno6 vation Act of 1980 (15 U.S.C. 3710a) is amended— 

7 (1) by inserting at the end of the section the 

8 following new subsection: 

9 ‘‘(h) PATENT OBLIGATION.—Under an agreement 

10 entered into pursuant to this section, there is an obligation 

11 on the part of the collaborating party, in the event a 

12 United States patent application is filed by or on behalf 

13 of the collaborating party or by any assignee of the col14 laborating party, to include within the specification of 

15 such application and any patent issuing thereon, a state16 ment specifying that the invention was made with Govern17 ment support and that the Government has certain rights 

18 in the invention.’’; and 

19 (2) by striking subsection (d). 

20 SEC. 807. EXPANSION OF AGREEMENTS FOR COMMER21 CIALIZING TECHNOLOGY AUTHORITY. 

22 The Stevenson-Wydler Technology Innovation Act of 

23 1980 (15 U.S.C. 3701 et seq.) is amended by inserting 

24 after section 14 the following: 


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1 ‘‘SEC. 14A. AGREEMENTS FOR COMMERCIALIZING TECH2 NOLOGY. 

3 ‘‘(a) AGREEMENTS WITH NON-FEDERAL ENTI4 TIES.—The head of each Federal agency may permit the 

5 director of any of its Government-owned, contractor-oper6 ated laboratories to perform work for non-Federal entities 

7 (sponsors) on a fully reimbursable basis and to execute 

8 agreements with a non-Federal entity, including a non9 Federal entity already receiving Federal funding that will 

10 be used to support activities under the agreements, pro11 vided that such funding is solely used to carry out the 

12 purposes of the Federal award. 

13 ‘‘(b) RESTRICTION.—The requirements of chapter 18 

14 of title 35, United States Code (commonly known as the 

15 ‘Bayh-Dole Act’), shall apply if— 

16 ‘‘(1) the agreement is a funding agreement (as 

17 that term is defined in section 201 of such title); 

18 and 

19 ‘‘(2) at least one of the parties to the funding 

20 agreement is eligible to receive rights under that 

21 chapter. 

22 ‘‘(c) SUBMISSION TO AGENCY.—Each affected direc23 tor of a Government-owned, contractor-operated labora24 tory shall submit to the head of the Federal agency, with 

25 respect to each agreement entered into under this sec26 tion— 


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1 ‘‘(1) a summary of information relating to the 

2 relevant project; 

3 ‘‘(2) the total estimated costs of the project; 

4 ‘‘(3) estimated commencement and completion 

5 dates of the project; and 

6 ‘‘(4) other documentation determined to be ap7 propriate by the head of the Federal agency. 

8 ‘‘(d) CERTIFICATION.—The head of the Federal 

9 agency shall require the contractor of the affected Govern10 ment-owned, contractor-operated laboratory to certify that 

11 each activity carried out under a project for which an 

12 agreement is entered into under this section— 

13 ‘‘(1) is not in direct competition with the pri14 vate sector; and 

15 ‘‘(2) does not present, or minimizes, any appar16 ent conflict of interest, and avoids or neutralizes any 

17 actual conflict of interest, as a result of the agree18 ment under this section. 

19 ‘‘(e) LIMITATION.—This authority only pertains to 

20 Federal agencies that do not have agency-specific authori21 ties for Agreements for Commercializing Technology else22 where in statute.’’. 


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1 SEC. 808. OTHER TRANSACTION AUTHORITY. 

2 The Stevenson-Wydler Technology Innovation Act of 

3 1980 (15 U.S.C. 3701 et seq.) is amended by inserting 

4 after section 15 the following: 

5 ‘‘SEC. 15A. OTHER TRANSACTIONS. 

6 ‘‘(a) GENERAL AUTHORITY.— 

7 ‘‘(1) PERMISSION.—Each Federal agency may 

8 permit the director of any of its Government-oper9 ated Federal laboratories to enter into such other 

10 transactions as may be necessary in the conduct of 

11 the work of the Federal laboratory and on such 

12 terms as the director of the Federal laboratory con13 siders appropriate, in furtherance of the purposes of 

14 this Act. 

15 ‘‘(2) DISCLOSURE.—The Federal agency may 

16 protect from disclosure, for up to 12 years after the 

17 date on which the information is developed, any in18 formation developed pursuant to a transaction under 

19 this section that would be protected from disclosure 

20 under section 552(b)(4) of title 5, United States 

21 Code, if obtained from a person other than a Fed22 eral agency. 

23 ‘‘(3) AUTHORITY LIMITATION.—This authority 

24 only pertains to Federal agencies that do not have 

25 agency-specific authorities for other transactions 

26 elsewhere in statute. 


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1 ‘‘(b) LIMITATIONS.—A Federal laboratory using the 

2 authorities granted in subsection (a) may only enter into 

3 such other transactions when— 

4 ‘‘(1) a warranted contracting officer determines 

5 that use of other authority of the Federal agency 

6 would be insufficient to achieve the purposes of this 

7 Act; and 

8 ‘‘(2) use of such other transaction is approved 

9 by the Federal agency.’’. 

10 SEC. 809. NONPROFIT FOUNDATIONS. 

11 The Stevenson-Wydler Technology Innovation Act of 

12 1980 (15 U.S.C. 3701 et seq.) is further amended by add13 ing at the end the following: 

14 ‘‘SEC. 29. FOUNDATIONS. 

15 ‘‘(a) IN GENERAL.—A Government-owned Federal 

16 laboratory may establish or enter into an agreement with 

17 a nonprofit organization to establish a Federal laboratory 

18 Foundation in support of its mission. Such a Foundation 

19 shall not be an agency or instrumentality of the United 

20 States Government, and the United States shall not be 

21 liable for any debts, defaults, acts, or omissions of the 

22 Foundation. 

23 ‘‘(b) PURPOSE.—The purpose of a Foundation estab24 lished under this section shall be to support the Govern25 ment-owned Federal laboratory in its mission. 


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1 ‘‘(c) ACTIVITIES.—Activities of the Foundation may 

2 include the following: 

3 ‘‘(1) The receipt, administration, solicitation, 

4 acceptance and use of funds, gifts, devises, or be5 quests, either absolutely or in trust of real or per6 sonal property or any income therefrom or other in7 terest or equity therein for the benefit of, or in con8 nection with, the mission of the Government-owned 

9 Federal laboratory. A gift, devise, or bequest may be 

10 accepted by the Foundation even though it is encum11 bered, restricted, or subject to beneficial interests of 

12 private persons if any current or future interest 

13 therein is for the benefit of the Federal laboratory 

14 in its research and development activities. Contribu15 tions, gifts, and other transfers made to or for the 

16 use of a Foundation established under this section 

17 shall be regarded as contributions, gifts, or transfers 

18 to or for the use of the United States. 

19 ‘‘(2) The conduct of support studies, competi20 tions, projects, research and other activities that fur21 ther the purposes of the Foundation. 

22 ‘‘(3) Programs for fostering collaboration and 

23 partnerships with researches from the Federal and 

24 State governments, institutions of higher education, 

25 federally funded research and development centers, 


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1 industry and nonprofit organizations for the re2 search, development or commercialization of feder3 ally supported technologies. 

4 ‘‘(4) Programs for leveraging technologies to 

5 support new product development that supports re6 gional economic development. 

7 ‘‘(5) Administering prize competitions to accel8 erate private sector competition and investment. 

9 ‘‘(6) Provision of fellowships and grants to re10 search and development personnel at, or affiliated 

11 with, federally funded centers. Such fellowships and 

12 grants may include stipends, travel, health insurance 

13 benefits and other appropriate expenses. The recipi14 ents of fellowships shall be selected by the donors 

15 and the Foundation upon the recommendation of the 

16 employees in the Federal laboratory where the fellow 

17 would serve, and shall be subject to agreement of the 

18 head of the agency whose mission is supported by 

19 the Foundation. 

20 ‘‘(7) Supplementary programs to provide for— 

21 ‘‘(A) scientists of other countries to serve 

22 in research capacities in the United States in 

23 association with the Federal laboratory whose 

24 mission the Foundation supports, or elsewhere, 

25 or opportunities for employees of the Federal 


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1 laboratory whose mission the Foundation sup2 ports to serve in such capacities in other coun3 tries, or both; 

4 ‘‘(B) the conduct and support of studies, 

5 projects, and research, that may include sti6 pends, travel and other support for personnel in 

7 collaboration with national and international 

8 nonprofit and for-profit organizations; 

9 ‘‘(C) the conduct and support of forums, 

10 meetings, conferences, courses, and training 

11 workshops that may include undergraduate, 

12 graduate, post-graduate, and post-doctoral ac13 credited courses and the maintenance of accred14 itation of such courses by the Foundation at 

15 the State and national level for college or con16 tinuing education credits or for degrees; 

17 ‘‘(D) programs to support and encourage 

18 teachers and students of science at all levels of 

19 education and programs for the general public 

20 which promote the understanding of science; 

21 ‘‘(E) programs for writing, editing, print22 ing, publishing, and vending of books and other 

23 materials; and 


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1 ‘‘(F) the conduct of other activities to 

2 carry out and support the purpose described in 

3 subsection (b). 

4 ‘‘(d) TRANSFER OF FUNDS.—Notwithstanding any 

5 other provision of law, a Foundation established under 

6 this section may transfer funds to the Government-owned 

7 Federal laboratory and the Government-owned Federal 

8 laboratory may accept transfers of funds from the Foun9 dation.’’. 

10 SEC. 810. IMPROVING REPORTING AND METRICS. 

11 Section 11 of the Stevenson-Wydler Technology Inno12 vation Act of 1980 (15 U.S.C. 3710) is amended by strik13 ing subsections (f) and (g) and inserting the following: 

14 ‘‘(f) AGENCY REPORTS ON UTILIZATION.— 

15 ‘‘(1) IN GENERAL.—Each Federal agency which 

16 operates or directs one or more Federal laboratories 

17 or which conducts activities under subsection (k) of 

18 this section or sections 207 and 209 of title 35, 

19 United States Code, shall report annually to the Of20 fice of Management and Budget, on the activities 

21 performed by that agency and its Federal labora22 tories under the provisions of this section and of sec23 tions 207 and 209 of such title 35. 

24 ‘‘(2) CONTENTS.—The report shall include— 


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1 ‘‘(A) an explanation of the agency’s tech2 nology transfer activities for the preceding fis3 cal year and the agency’s plans to manage inno4 vations with commercial promise consistent with 

5 the agency’s mission and benefitting the com6 petitiveness of United States industry; and 

7 ‘‘(B) information on technology transfer 

8 activities for the preceding fiscal year, includ9 ing— 

10 ‘‘(i) the number of patent applications 

11 filed; 

12 ‘‘(ii) the number of patents received; 

13 ‘‘(iii) the number of works registered 

14 for copyright protection in the United 

15 States on behalf of the United States, pur16 suant to section 105(b) of title 17, United 

17 States Code; 

18 ‘‘(iv) the number of fully-executed li19 censes which received income from licens20 ing in the preceding fiscal year; 

21 ‘‘(v) the total income from licensing; 

22 ‘‘(vi) the number of licenses termi23 nated for cause; 

24 ‘‘(vii) the number of collaborative re25 search and development relationships; and 


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1 ‘‘(viii) any other parameters or discus2 sion that the agency deems relevant or 

3 unique to its practice of technology trans4 fer. 

5 ‘‘(3) COPY TO SECRETARY.—The agency shall 

6 transmit a copy of the report to the Secretary of 

7 Commerce for inclusion in the annual summary re8 quired by subsection (g)(2). 

9 ‘‘(4) PUBLIC AVAILABILITY.—Each Federal 

10 agency reporting under this subsection shall make 

11 available to the public through internet sites, up12 dated at least annually— 

13 ‘‘(A) the information contained in such re14 port; 

15 ‘‘(B) information on intellectual property 

16 which is available for licensing from the Federal 

17 agency; and 

18 ‘‘(C) information on Federal research and 

19 development programs, facilities, equipment and 

20 tools, expertise, services, and other relevant as21 sets which are made available to the public by 

22 the Federal agency. 

23 ‘‘(5) PUBLICATION BY NIST.—The Director of 

24 the National Institute of Standards and Technology 

25 is authorized to provide the summary required by 


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1 subsection (g)(2) to the public through internet 

2 sites.’’. 

3 SEC. 811. INNOVATIVE APPROACHES TO TECHNOLOGY 

4 TRANSFER. 

5 Section 9(jj) of the Small Business Act (15 U.S.C. 

6 638(jj)) is amended to read as follows: 

7 ‘‘(jj) INNOVATIVE APPROACHES TO TECHNOLOGY

8 TRANSFER.— 

9 ‘‘(1) GRANT PROGRAM.— 

10 ‘‘(A) IN GENERAL.—Each Federal agency 

11 required by subsection (n) to establish an 

12 STTR program shall carry out a grant program 

13 to support innovative approaches to technology 

14 transfer at institutions of higher education (as 

15 defined in section 101(a) of the Higher Edu16 cation Act of 1965 (20 U.S.C. 1001(a))), non17 profit research institutions and Federal labora18 tories in order to accelerate the commercializa19 tion of federally funded research and technology 

20 by small business concerns, including new busi21 nesses. 

22 ‘‘(B) AWARDING OF GRANTS AND

23 AWARDS.— 

24 ‘‘(i) IN GENERAL.—Each Federal 

25 agency required by subparagraph (A) to 


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1 participate in this program, shall award, 

2 through a competitive, merit-based process, 

3 grants, in the amounts listed in subpara4 graph (C) to institutions of higher edu5 cation, technology transfer organizations 

6 that facilitate the commercialization of 

7 technologies developed by one or more such 

8 institutions of higher education, Federal 

9 laboratories, other public and private non10 profit entities, and consortia thereof, for 

11 initiatives that help identify high-quality, 

12 commercially viable federally funded re13 search and technologies and to facilitate 

14 and accelerate their transfer into the mar15 ketplace. 

16 ‘‘(ii) USE OF FUNDS.—Activities sup17 ported by grants under this subsection 

18 may include— 

19 ‘‘(I) providing early-stage proof 

20 of concept funding for translational 

21 research; 

22 ‘‘(II) identifying research and 

23 technologies at recipient institutions 

24 that have the potential for accelerated 

25 commercialization; 


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1 ‘‘(III) technology maturation 

2 funding to support activities such as 

3 prototype construction, experiment 

4 analysis, product comparison, and col5 lecting performance data; 

6 ‘‘(IV) technical validations, mar7 ket research, clarifying intellectual 

8 property rights position and strategy, 

9 and investigating commercial and 

10 business opportunities; and 

11 ‘‘(V) programs to provide advice, 

12 mentoring, entrepreneurial education, 

13 project management, and technology 

14 and business development expertise to 

15 innovators and recipients of tech16 nology transfer licenses to maximize 

17 commercialization potential. 

18 ‘‘(iii) SELECTION PROCESS AND AP19 PLICATIONS.—Qualifying institutions seek20 ing a grant under this subsection shall 

21 submit an application to a Federal agency 

22 required by subparagraph (A) to partici23 pate in this program at such time, in such 

24 manner, and containing such information 


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1 as the agency may require. The application 

2 shall include, at a minimum— 

3 ‘‘(I) a description of innovative 

4 approaches to technology transfer, 

5 technology development, and commer6 cial readiness that have the potential 

7 to increase or accelerate technology 

8 transfer outcomes and can be adopted 

9 by other qualifying institutions, or a 

10 demonstration of proven technology 

11 transfer and commercialization strate12 gies, or a plan to implement proven 

13 technology transfer and commer14 cialization strategies, that can achieve 

15 greater commercialization of federally 

16 funded research and technologies with 

17 program funding; 

18 ‘‘(II) a description of how the 

19 qualifying institution will contribute 

20 to local and regional economic devel21 opment efforts; and 

22 ‘‘(III) a plan for sustainability 

23 beyond the duration of the funding 

24 award. 


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1 ‘‘(iv) PROGRAM OVERSIGHT

2 BOARDS.— 

3 ‘‘(I) IN GENERAL.—Successful 

4 proposals shall include a plan to as5 semble a Program Oversight Board, 

6 the members of which shall have tech7 nical, scientific, or business expertise 

8 and shall be drawn from industry, 

9 start-up companies, venture capital, 

10 technical enterprises, financial institu11 tions, and business development orga12 nizations. 

13 ‘‘(II) PROGRAM OVERSIGHT

14 BOARDS RESPONSIBILITIES.—Pro15 gram Oversight Boards shall— 

16 ‘‘(aa) establish award pro17 grams for individual projects; 

18 ‘‘(bb) provide rigorous eval19 uation of project applications; 

20 ‘‘(cc) determine which 

21 projects should receive awards, in 

22 accordance with guidelines estab23 lished under subparagraph 

24 (C)(ii); 


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1 ‘‘(dd) establish milestones 

2 and associated award amounts 

3 for projects that reach mile4 stones; 

5 ‘‘(ee) determine whether 

6 awarded projects are reaching 

7 milestones; and 

8 ‘‘(ff) develop a process to re9 allocate outstanding award 

10 amounts from projects that are 

11 not reaching milestones to other 

12 projects with more potential. 

13 ‘‘(C) GRANT AND AWARD AMOUNTS.— 

14 ‘‘(i) GRANT AMOUNTS.—Each Federal 

15 agency required by subparagraph (A) to 

16 carry out a grant program may make 

17 grants to a qualifying institution for up to 

18 $1,000,000 per year for up to 3 years. 

19 ‘‘(ii) AWARD AMOUNTS.—Each quali20 fying institution that receives a grant 

21 under subparagraph (B) shall provide 

22 awards for individual projects of not more 

23 than $150,000, to be provided in phased 

24 amounts, based on reaching the milestones 


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1 established by the qualifying institution’s 

2 Program Oversight Board. 

3 ‘‘(D) AUTHORIZED EXPENDITURES FOR

4 INNOVATIVE APPROACHES TO TECHNOLOGY

5 TRANSFER GRANT PROGRAM.— 

6 ‘‘(i) PERCENTAGE.—The percentage 

7 of the extramural budget each Federal 

8 agency required by subsection (n) to estab9 lish an STTR program shall expend on the 

10 Innovative Approaches to Technology 

11 Transfer Grant Program shall be— 

12 ‘‘(I) 0.05 percent for each of fis13 cal years 2014 and 2015; and 

14 ‘‘(II) 0.1 percent for each of fis15 cal years 2016 and 2017. 

16 ‘‘(ii) TREATMENT OF EXPENDI17 TURES.—Any portion of the extramural 

18 budget expended by a Federal agency on 

19 the Innovative Approaches to Technology 

20 Transfer Grant Program shall apply to21 wards the agency’s expenditure require22 ments under subsection (n). 

23 ‘‘(2) PROGRAM EVALUATION AND DATA COL24 LECTION AND DISSEMINATION.— 


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1 ‘‘(A) EVALUATION PLAN AND DATA COL2 LECTION.—Each Federal agency required by 

3 paragraph (1)(A) to establish an Innovative Ap4 proaches to Technology Transfer Grant Pro5 gram shall develop a program evaluation plan 

6 and collect annually such information from 

7 grantees as is necessary to assess the Program. 

8 Program evaluation plans shall require the col9 lection of data aimed at identifying outcomes 

10 resulting from the transfer of technology with 

11 assistance from the Innovative Approaches to 

12 Technology Transfer Grant Program, such as— 

13 ‘‘(i) specific follow-on funding identi14 fied or obtained, including follow-on fund15 ing sources, such as Federal sources or 

16 private sources; 

17 ‘‘(ii) number of projects which result 

18 in a license to a start-up company or an 

19 established company with sufficient re20 sources for effective commercialization 

21 within 5 years of receiving an award under 

22 paragraph (1); 

23 ‘‘(iii) invention disclosures and pat24 ents; 


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1 ‘‘(iv) number of projects supported by 

2 qualifying institutions receiving a grant 

3 under paragraph (1) that secure Phase I 

4 or Phase II SBIR or STTR awards; 

5 ‘‘(v) available information on revenue, 

6 sales or other measures of products that 

7 have been commercialized as a result of 

8 projects awarded under paragraph (1); 

9 ‘‘(vi) number and location of jobs cre10 ated resulting from projects awarded under 

11 paragraph (1); and 

12 ‘‘(vii) other data as deemed appro13 priate by a Federal agency required by this 

14 subparagraph to develop a program evalua15 tion plan. 

16 ‘‘(B) EVALUATIVE REPORT TO CON17 GRESS.—The head of each Federal agency that 

18 participates in the Innovative Approaches to 

19 Technology Transfer Grant Program shall sub20 mit to the Committee on Science, Space, and 

21 Technology and the Committee on Small Busi22 ness of the House of Representatives and the 

23 Committee on Small Business and Entrepre24 neurship of the Senate an evaluative report reVerDate Sep 11 2014 02:00 Feb 11, 2020 Jkt 099200 PO 00000 Frm 00228 Fmt 6652 Sfmt 6201 E:\BILLS\H5685.IH H5685

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1 garding the activities of the program. The re2 port shall include— 

3 ‘‘(i) a detailed description of the im4 plementation of the program; 

5 ‘‘(ii) a detailed description of the 

6 grantee selection process; 

7 ‘‘(iii) an accounting of the funds used 

8 in the program; and 

9 ‘‘(iv) a summary of the data collected 

10 under subparagraph (A). 

11 ‘‘(C) DATA DISSEMINATION.—For the pur12 poses of program transparency and dissemina13 tion of best practices, the Administrator shall 

14 include on the public database under subsection 

15 (k)(1) information on the Innovative Ap16 proaches to Technology Transfer Grant Pro17 gram, including— 

18 ‘‘(i) the program evaluation plan re19 quired under subparagraph (A); 

20 ‘‘(ii) a list of recipients of awards 

21 under paragraph (1); and 

22 ‘‘(iii) information on the use of grants 

23 under paragraph (1) by recipient institu24 tions.’’. 


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1 SEC. 812. DOE PUBLIC-PRIVATE PARTNERSHIPS FOR COM2 MERCIALIZATION. 

3 (a) IN GENERAL.—Subject to subsections (b) and (c), 

4 the Secretary of Energy shall delegate to directors of the 

5 National Laboratories signature authority with respect to 

6 any agreement described in subsection (b) the total cost 

7 of which (including the National Laboratory contributions 

8 and project recipient cost share) is less than $1,000,000, 

9 if such an agreement falls within the scope of— 

10 (1) a strategic plan for the National Laboratory 

11 that has been approved by the Department of En12 ergy; or 

13 (2) the most recent congressionally approved 

14 budget for Department of Energy activities to be 

15 carried out by the National Laboratory. 

16 (b) AGREEMENTS.—Subsection (a) applies to— 

17 (1) a cooperative research and development 

18 agreement; 

19 (2) a non-Federal work-for-others agreement; 

20 and 

21 (3) any other agreement determined to be ap22 propriate by the Secretary of Energy, in collabora23 tion with the directors of the National Laboratories. 

24 (c) ADMINISTRATION.— 

25 (1) ACCOUNTABILITY.—The director of the af26 fected National Laboratory and the affected conVerDate Sep 11 2014 02:00 Feb 11, 2020 Jkt 099200 PO 00000 Frm 00230 Fmt 6652 Sfmt 6201 E:\BILLS\H5685.IH H5685

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1 tractor shall carry out an agreement under this sec2 tion in accordance with applicable policies of the De3 partment of Energy, including by ensuring that the 

4 agreement does not compromise any national secu5 rity, economic, or environmental interest of the 

6 United States. 

7 (2) CERTIFICATION.—The director of the af8 fected National Laboratory and the affected con9 tractor shall certify that each activity carried out 

10 under a project for which an agreement is entered 

11 into under this section does not present, or mini12 mizes, any apparent conflict of interest, and avoids 

13 or neutralizes any actual conflict of interest, as a re14 sult of the agreement under this section. 

15 (3) AVAILABILITY OF RECORDS.—Within 30 

16 days of entering an agreement under this section, 

17 the director of a National Laboratory shall submit 

18 to the Secretary of Energy for monitoring and re19 view all records of the National Laboratory relating 

20 to the agreement. 

21 (4) RATES.—The director of a National Lab22 oratory may charge higher rates for services per23 formed under a partnership agreement entered into 

24 pursuant to this section, regardless of the full cost 

25 of recovery, if such funds are used exclusively to 


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1 support further research and development activities 

2 at the respective National Laboratory. 

3 (d) EXCEPTION.—This section does not apply to any 

4 agreement with a majority foreign-owned company. 

5 (e) CONFORMING AMENDMENT.—Section 12 of the 

6 Stevenson-Wydler Technology Innovation Act of 1980 (15 

7 U.S.C. 3710a) is amended— 

8 (1) in subsection (a)— 

9 (A) by redesignating paragraphs (1) and 

10 (2) as subparagraphs (A) and (B), respectively; 

11 (B) by striking ‘‘Each Federal agency’’ 

12 and inserting the following: 

13 ‘‘(1) IN GENERAL.—Except as provided in para14 graph (2), each Federal agency’’; and 

15 (C) by adding at the end the following: 

16 ‘‘(2) EXCEPTION.—Notwithstanding paragraph 

17 (1), in accordance with section 813(a) of the Secur18 ing American Leadership in Science and Technology 

19 Act of 2020, approval by the Secretary of Energy 

20 shall not be required for any technology transfer 

21 agreement proposed to be entered into by a National 

22 Laboratory of the Department of Energy, the total 

23 cost of which (including the National Laboratory 

24 contributions and project recipient cost share) is less 

25 than $1,000,000.’’; and 


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1 (2) in subsection (b), by striking ‘‘subsection 

2 (a)(1)’’ each place it appears and inserting ‘‘sub3 section (a)(1)(A)’’. 

4 (f) SAVINGS CLAUSE.—Nothing in this section or an 

5 amendment made by this section abrogates or otherwise 

6 affects the primary responsibilities of any National Lab7 oratory to the Department of Energy. 

Æ 


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