I 

117TH CONGRESS 

1ST SESSION H. R. 2153 

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 

MARCH 23, 2021 

Mr. LUCAS (for himself, Mr. WEBER of Texas, Mr. BABIN, Mr. WALTZ, Mrs. 

BICE of Oklahoma, Mr. OBERNOLTE, Mr. POSEY, Mr. GONZALEZ of 

Ohio, Mr. BAIRD, Mr. SESSIONS, Mr. GARCIA of California, Mrs. KIM of 

California, Mr. FEENSTRA, Mr. LATURNER, Mr. GIMENEZ, and Mr. 

MEIJER) introduced the following bill; which was referred to the Committee on Science, Space, and Technology, and in addition to the Committees on the Judiciary, and Small Business, 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 2021’’. 


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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. 

TITLE II—RESEARCH SECURITY AND INTEGRITY 

Sec. 201. Foreign talent program prohibition. 

Sec. 202. Computing enclave pilot program. 

Sec. 203. Protecting research from cyber theft. 

Sec. 204. Chinese Research Funds Accounting Act. 

TITLE III—SUPPLY CHAIN AND CRITICAL MATERIALS SECURITY 

Sec. 301. National supply chain database. 

Sec. 302. Critical minerals mining research and development at the National 

Science Foundation. 

Sec. 303. Advanced Recycling Research and Development. 

Sec. 304. Critical minerals interagency subcommittee. 

Sec. 305. Heavy freight autonomous trucking research corridor. 

Sec. 306. NIST UAV challenges and credentialing program. 

TITLE IV—DEPARTMENT OF ENERGY 

Subtitle A—Office of Science 

Sec. 401. Definitions. 

Sec. 402. Basic energy sciences. 

Sec. 403. Advanced scientific computing research. 

Sec. 404. High energy physics. 

Sec. 405. Biological and environmental research. 

Sec. 406. Fusion energy. 

Sec. 407. Nuclear physics. 

Sec. 408. Science laboratories infrastructure program. 

Sec. 409. Authorization of appropriations. 

Subtitle B—Advanced Research Projects Agency–Energy 

Sec. 411. Advanced Research Projects Agency–Energy Update. 

Subtitle C—DOE Clean Energy Infrastructure 

Sec. 421. Regional Energy Innovation Centers. 

Sec. 422. Versatile neutron source. 


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Sec. 423. Carbon sequestration research and development program. 

Sec. 424. Frontier Observatory for Research in Geothermal Energy. 

Sec. 425. Energy Storage Grand Challenge. 

Sec. 426. Critical infrastructure research and construction. 

TITLE V—NATIONAL INSTITUTE OF STANDARDS AND 

TECHNOLOGY 

Sec. 501. Findings. 

Sec. 502. Authorization of appropriations. 

Sec. 503. NIST Facilities Modernization Fund. 

Sec. 504. Cybersecurity research. 

Sec. 505. Internet of things. 

Sec. 506. Composites research. 

Sec. 507. Enabling the future bioeconomy. 

Sec. 508. International standards development. 

Sec. 509. Review of the Center for Neutron Research. 

Sec. 510. Hiring and management. 

Sec. 511. National Institute of Standards and Technology Foundation. 

Sec. 512. MEP outreach. 

Sec. 513. Definitions. 

TITLE VI—NATIONAL OCEANIC AND ATMOSPHERIC 

ADMINISTRATION 

Sec. 601. Establishment of a technology transfer office. 

Sec. 602. Technology transfer and transitions assessment. 

Sec. 603. National Mesonet Program. 

Sec. 604. Severe weather extramural testbeds. 

Sec. 605. Next generation digital radar. 

Sec. 606. Fellowships. 

Sec. 607. Commercial data report update. 

Sec. 608. Report on National Weather Service Internet bandwidth shortage. 

Sec. 609. NAPA Study. 

Sec. 610. Authorization of appropriations. 

Sec. 611. Definitions. 

TITLE VII—NATIONAL SCIENCE FOUNDATION 

Sec. 701. Authorization of appropriations. 

Sec. 702. NSF organizational review. 

Sec. 703. Ethics and security plans. 

Sec. 704. Major research instrumentation update. 

Sec. 705. NSF research security. 

Sec. 706. Reproducibility in science. 

Sec. 707. Public-private partnerships. 

Sec. 708. EPSCoR. 

Sec. 709. Definitions. 

TITLE VIII—STEM WORKFORCE FOR THE 21ST CENTURY 

Sec. 801. Findings; sense of Congress. 

Sec. 802. Advanced technical education and skilled technical workforce. 

Sec. 803. Graduate Research Fellowship Program update. 

Sec. 804. Robert Noyce Teacher Scholarship Program Sense of Congress. 

Sec. 805. Innovations in informal STEM learning. 

Sec. 806. AI traineeships and fellowships. 


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Sec. 807. Cybersecurity workforce development at Federal science agencies. 

Sec. 808. Broadening participation. 

TITLE IX—TECHNOLOGY TRANSFER AND INNOVATION 

Sec. 901. Federal laboratory computer programs update. 

Sec. 902. Extend CRADA information protection period. 

Sec. 903. Stevenson-Wydler Act authority update. 

Sec. 904. Royalty payments to Federal employees update. 

Sec. 905. Government intellectual property clarification. 

Sec. 906. Clarifying CRADA authority. 

Sec. 907. Expansion of agreements for commercializing technology authority. 

Sec. 908. Other transaction authority. 

Sec. 909. Nonprofit foundations. 

Sec. 910. Improving reporting and metrics. 

Sec. 911. Innovative approaches to technology transfer. 

Sec. 912. DOE public-private partnerships for commercialization. 

Sec. 913. Department of Energy Foundation. 

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, 

17 including computing, cybersecurity, artificial intelVerDate Sep 11 2014 23:02 May 19, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2153.IH H2153

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1 ligence and autonomous technology, materials and 

2 advanced manufacturing, energy and climate, and 

3 the biosciences; 

4 (4) improving the security and integrity of 

5 American research and development; 

6 (5) providing for investment in critical science 

7 and technology infrastructure to maintain world8 class research and user facilities; 

9 (6) expanding the STEM workforce at all levels 

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

11 (7) promoting regional innovation to support 

12 local economic growth across all regions of the 

13 United States; 

14 (8) maximizing the effectiveness of the Federal 

15 Government’s research and development activities; 

16 (9) promoting collaboration among the Federal 

17 Government, Federal laboratories, universities, and 

18 industry; and 

19 (10) improving technology transfer from the 

20 Federal Government and Federal laboratories to the 

21 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 

25 technology strategy required by subsection (a) shall delinVerDate Sep 11 2014 23:02 May 19, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2153.IH H2153

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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 the following: 

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

23 ‘‘(a) REQUIREMENTS.— 

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

25 later than December 31, 2022, 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 make recommendations to im9 prove translation of basic research and the enhance10 ment of technology transfer of federally funded re11 search; 

12 ‘‘(7) assess and identify the infrastructure and 

13 tools needed to maintain the leadership of the 

14 United States in science and technology; and 

15 ‘‘(8) review administrative or legislative policies 

16 that affect the science and technology enterprise and 

17 identify and make recommendations on policies that 

18 hinder research and development in the United 

19 States. 

20 ‘‘(c) REPORTING.— 

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

22 31 of the year in which a quadrennial science and 

23 technology review is conducted, the Director shall 

24 submit a report of the review to Congress. 


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1 ‘‘(2) PUBLICATION.—The Director shall, con2 sistent with the protection of national security and 

3 other sensitive matters to the maximum extent pos4 sible, make each report submitted under paragraph 

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

6 Office of Science and Technology Policy.’’. 

7 Subtitle B—Office of Science and 

8 Technology Policy 

9 SEC. 111. AUTHORIZATION OF APPROPRIATIONS. 

10 There are authorized to be appropriated for the Of11 fice of Science and Technology Policy— 

12 (1) $5,544,000 for fiscal year 2022; 

13 (2) $6,100,000 for fiscal year 2023; 

14 (3) $6,500,000 for fiscal year 2024; 

15 (4) $6,500,000 for fiscal year 2025; 

16 (5) $6,500,000 for fiscal year 2026; 

17 (6) $6,500,000 for fiscal year 2027; 

18 (7) $6,500,000 for fiscal year 2028; 

19 (8) $6,500,000 for fiscal year 2029; 

20 (9) $6,500,000 for fiscal year 2030; and 

21 (10) $6,500,000 for fiscal year 2031. 


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1 TITLE II—RESEARCH SECURITY 

2 AND INTEGRITY 

3 SEC. 201. FOREIGN TALENT PROGRAM PROHIBITION. 

4 (a) IN GENERAL.—Not later than 180 days after the 

5 date of enactment of this Act, each Federal research agen6 cy head shall develop a policy to prohibit all agency per7 sonnel, including Federal employees, contract employees, 

8 independent contractors, and special government employ9 ees, from participating in a foreign government talent re10 cruitment program. 

11 (b) COORDINATION.—The Director of the Office of 

12 Science and Technology Policy, acting through the Na13 tional Science and Technology Council and in accordance 

14 with the authority provided under section 1746 of the Na15 tional Defense Authorization Act for Fiscal Year 2020 

16 (Public Law 116–92; 42 U.S.C. 6601 note) shall to the 

17 maximum extent practicable ensure that the policies devel18 oped by Federal research agencies under subsection (a) 

19 are consistent. 

20 (c) EXEMPTION.—Each policy developed under sub21 section (a) shall include an exemption for participation in 

22 international conferences or other international exchanges, 

23 partnerships or programs, as sanctioned or approved by 

24 each Federal research agency head or their designee. 

25 (d) DEFINITIONS.—In this section: 


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1 (1) FEDERAL RESEARCH AGENCY.—The term 

2 ‘‘Federal research agency’’ means any Federal agen3 cy with an annual extramural research expenditure 

4 of over $100,000,000. 

5 (2) FOREIGN GOVERNMENT TALENT RECRUIT6 MENT PROGRAM.—The term ‘‘foreign government 

7 talent recruitment program’’ means any program 

8 that includes compensation, including cash, research 

9 funding, honorific titles, promised future compensa10 tion, or other types of remuneration, provided by the 

11 foreign state or an entity sponsored by the foreign 

12 state to the targeted individual in exchange for the 

13 individual transferring knowledge and expertise to 

14 the foreign country. 

15 SEC. 202. COMPUTING ENCLAVE PILOT PROGRAM. 

16 (a) IN GENERAL.—The Director of the National 

17 Science Foundation, in consultation with the Director of 

18 the National Institute of Standards and Technology and 

19 the Secretary of Energy, shall award grants to establish 

20 a pilot program to ensure the security of federally sup21 ported research data and to assist regional institutions of 

22 higher education and their researchers in compliance with 

23 regulations regarding the safeguarding of sensitive infor24 mation and other relevant regulations and Federal guide25 lines. 


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1 (b) STRUCTURE.—In carrying out the pilot program 

2 established pursuant to subsection (a), the Director of the 

3 National Science Foundation shall select three institutions 

4 of higher education from among institutions classified 

5 under the Indiana University Center for Postsecondary 

6 Research Carnegie Classification as a doctorate-granting 

7 university with a very high level of research activity, and 

8 with a history of working with secure information for the 

9 development, installation, maintenance, or sustainment of 

10 secure computing enclaves. 

11 (c) REGIONALIZATION.— 

12 (1) In selecting universities pursuant to sub13 section (b), the Director of the National Science 

14 Foundation shall give preference to institutions of 

15 higher education with the capability of serving other 

16 regional universities. 

17 (2) The enclaves should be geographically dis18 persed to better meet the needs of regional interests. 

19 (d) PROGRAM ELEMENTS.—The Director of the Na20 tional Science Foundation shall work with institutions of 

21 higher education selected pursuant to subsection (b) to— 

22 (1) develop an approved design blueprint for 

23 compliance with Federal data protection protocols; 

24 (2) develop a comprehensive and confidential 

25 list, or a bill of materials, of each binary component 


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1 of the software, firmware, or product that is re2 quired to deploy additional secure computing en3 claves; 

4 (3) develop templates for all policies and proce5 dures required to operate the secure computing en6 clave in a research setting; 

7 (4) develop a system security plan template; 

8 and 

9 (5) develop a process for managing a plan of 

10 action and milestones for the secure computing en11 clave. 

12 (e) DURATION.—The pilot program established pur13 suant to subsection (a) shall operate for not less than 3 

14 years. 

15 (f) REPORT.— 

16 (1) IN GENERAL.—The Director of the National 

17 Science Foundation shall report to Congress not 

18 later than 6 months after the completion of the pilot 

19 program under subsection (a). 

20 (2) CONTENTS.—The report required under 

21 paragraph (1) shall include— 

22 (A) an assessment of the pilot program 

23 under subsection (a), including an assessment 

24 of the security benefits provided by such secure 

25 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. 203. PROTECTING RESEARCH FROM CYBER THEFT. 

9 (a) IMPROVING CYBERSECURITY OF INSTITUTIONS

10 OF HIGHER EDUCATION.—Section 2(e)(1)(A) of the Na11 tional Institute of Standards and Technology Act (15 

12 U.S.C. 272(e)(1)(A)) is amended— 

13 (1) in clause (viii), by striking ‘‘and’’ after the 

14 semicolon; 

15 (2) by redesignating clause (ix) as clause (x); 

16 and 

17 (3) by inserting after clause (viii) the following: 

18 ‘‘(ix) consider institutions of higher 

19 education (as defined in section 101 of the 

20 Higher Education Act of 1965 (20 U.S.C. 

21 1001)); and’’. 

22 (b) DISSEMINATION OF RESOURCES FOR RESEARCH

23 INSTITUTIONS.— 

24 (1) IN GENERAL.—Not later than 90 days after 

25 the date of the enactment of this Act, the Director 


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1 shall, using the authorities of the Director under 

2 subsections (c)(15) and (e)(1)(A)(ix) of section 2 of 

3 the National Institute of Standards and Technology 

4 Act (15 U.S.C. 272), as amended by subsection (a), 

5 disseminate and make publicly available resources to 

6 help research institutions and institutions of higher 

7 education identify, assess, manage, and reduce their 

8 cybersecurity risk related to conducting research. 

9 (2) REQUIREMENTS.—The Director shall en10 sure that the resources disseminated pursuant to 

11 paragraph (1)— 

12 (A) are generally applicable and usable by 

13 a wide range of research institutions and insti14 tutions of higher education; 

15 (B) vary with the nature and size of the 

16 implementing research institutions or institu17 tions of higher education, and the nature and 

18 sensitivity of the data collected or stored on the 

19 information systems or devices of the imple20 menting research institutions or institutions of 

21 higher education; 

22 (C) include elements that promote aware23 ness of simple, basic controls, a workplace cy24 bersecurity culture, and third-party stakeholder 

25 relationships, to assist research institutions or 


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1 institutions of higher education in mitigating 

2 common cybersecurity risks; 

3 (D) include case studies of practical appli4 cation; 

5 (E) are technology-neutral and can be im6 plemented using technologies that are commer7 cial and off-the-shelf; and 

8 (F) to the extent practicable, are based on 

9 international standards. 

10 (3) NATIONAL CYBERSECURITY AWARENESS

11 AND EDUCATION PROGRAM.—The Director shall en12 sure that the resources disseminated under para13 graph (1) are consistent with the efforts of the Di14 rector under section 401 of the Cybersecurity En15 hancement Act of 2014 (15 U.S.C. 7451). 

16 (4) UPDATES.—The Director shall review peri17 odically and update the resources under paragraph 

18 (1) as the Director determines appropriate. 

19 (5) VOLUNTARY RESOURCES.—The use of the 

20 resources disseminated under paragraph (1) shall be 

21 considered voluntary. 

22 (6) OTHER FEDERAL CYBERSECURITY RE23 QUIREMENTS.—Nothing in this section may be con24 strued to supersede, alter, or otherwise affect any 


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1 cybersecurity requirements applicable to Federal 

2 agencies. 

3 (c) DEFINITIONS.—In this section: 

4 (1) DIRECTOR.—The term ‘‘Director’’ means 

5 the Director of the National Institute of Standards 

6 and Technology. 

7 (2) INSTITUTION OF HIGHER EDUCATION.—The 

8 term ‘‘institution of higher education’’ has the 

9 meaning given such term in section 101 of the High10 er Education Act of 1965 (20 U.S.C. 1001). 

11 (3) RESOURCES.—The term ‘‘resources’’ means 

12 guidelines, tools, best practices, standards, meth13 odologies, and other ways of providing information. 

14 (4) RESEARCH INSTITUTION.—The term ‘‘re15 search institution’’— 

16 (A) means a nonprofit institution (as de17 fined in section 4(3) of the Stevenson-Wydler 

18 Technology Innovation Act of 1980 (15 U.S.C. 

19 3703(3))); and 

20 (B) includes federally funded research and 

21 development centers, as identified by the Na22 tional Science Foundation in accordance with 

23 the Federal Acquisition Regulation issued in ac24 cordance with section 1303(a)(1) of title 41 (or 

25 any successor regulation). 


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1 SEC. 204. CHINESE RESEARCH FUNDS ACCOUNTING ACT. 

2 (a) STUDY.—The Comptroller General of the United 

3 States shall conduct a study on Federal funding made 

4 available to covered entities for research during the study 

5 period. 

6 (b) MATTERS TO BE INCLUDED.—The study con7 ducted under subsection (a) shall include, to the extent 

8 practicable with respect to the study period, an assessment 

9 of— 

10 (1) the total amount of Federal funding made 

11 available to covered entities for research; 

12 (2) the total number and types of covered enti13 ties to whom such funding was made available; 

14 (3) the requirements relating to the awarding, 

15 tracking, and monitoring of such funding; 

16 (4) any other data available with respect to 

17 Federal funding made available to covered entities 

18 for research; and 

19 (5) other matters the Comptroller General de20 termines appropriate. 

21 (c) BRIEFING ON AVAILABLE DATA.—Not later than 

22 120 days after the date of enactment of this Act, the 

23 Comptroller General shall brief the Committee on Science, 

24 Space, and Technology and the Committee on Foreign Af25 fairs of the House of Representatives and the Committee 

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1 mittee on Foreign Relations of the Senate on the data that 

2 is available with respect to Federal funding made available 

3 to covered entities for research. 

4 (d) REPORT.—Not later than 240 days after the date 

5 of enactment of this Act, the Comptroller General shall 

6 submit to the congressional committees specified in sub7 section (c) a report on the findings of the study conducted 

8 under subsection (a). 

9 (e) DEFINITIONS.—In this section: 

10 (1) COVERED ENTITY.—The term ‘‘covered en11 tity’’ means an entity— 

12 (A) located in the People’s Republic of 

13 China; or 

14 (B) majority owned or controlled by the 

15 Chinese Communist Party. 

16 (2) STUDY PERIOD.—The term ‘‘study period’’ 

17 means the 5-year period ending on the date of enact18 ment of this Act. 

19 TITLE III—SUPPLY CHAIN AND 

20 CRITICAL MATERIALS SECURITY 

21 SEC. 301. NATIONAL SUPPLY CHAIN DATABASE. 

22 (a) ESTABLISHMENT OF NATIONAL SUPPLY CHAIN

23 DATABASE.—The Director of the National Institute of 

24 Standards and Technology (referred to in this section as 


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1 ‘‘NIST’’) shall establish a National Supply Chain Data2 base. 

3 (b) PURPOSE.—The purpose of the National Supply 

4 Chain Database shall be to assist the Federal government 

5 and industry sectors in minimizing disruptions to the 

6 United States supply chain by having an assessment of 

7 United States manufacturers’ capabilities. 

8 (c) STUDY ON NATIONAL SUPPLY CHAIN DATA9 BASE.—In establishing the National Supply Chain Data10 base, the Director of NIST shall take into consideration 

11 the findings and recommendations from the study author12 ized in section 9413 of the National Defense Authorization 

13 Act for Fiscal Year 2021 (Public Law 116–283), including 

14 measures to secure and protect the National Supply Chain 

15 Database from adversarial attacks and vulnerabilities. 

16 (d) DATABASE AND MANUFACTURING EXTENSION

17 PARTNERSHIP.— 

18 (1) IN GENERAL.—The National Supply Chain 

19 Database shall be carried out and managed through 

20 the Hollings Manufacturing Extension Partnership 

21 program and the Director of NIST shall ensure that 

22 the Hollings Manufacturing Extension Partnership 

23 Centers are connected to the National Supply Chain 

24 Database. 


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1 (2) CAPABILITIES.—The National Supply Chain 

2 Database shall be capable of providing a national 

3 view of the supply chain and enable authorized data4 base users to determine in near real-time the United 

5 States manufacturing capabilities for critical prod6 ucts, including defense supplies, food, and medical 

7 devices, including personal protective equipment. 

8 (3) INDIVIDUAL STATE DATABASES.—Each 

9 State’s supply chain database maintained by the 

10 NIST-recognized Manufacturing Extension Partner11 ship Center within the State shall be complementary 

12 in design to the National Supply Chain Database. 

13 (e) MAINTENANCE OF NATIONAL SUPPLY CHAIN

14 DATABASE.—The Director of NIST through the Hollings 

15 Manufacturing Extension Partnership program shall 

16 maintain the National Supply Chain Database as an inte17 gration of the State level databases from each State’s 

18 Manufacturing Extension Partnership Center and may be 

19 populated with information from past, current, or poten20 tial Center clients. 

21 (f) EXEMPT FROM PUBLIC DISCLOSURE.—The Na22 tional Supply Chain Database and any information related 

23 to it not publicly released by NIST shall be exempt from 

24 public disclosure under section 552 of title 5, United 

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1 ited to the contributing company and Manufacturing Ex2 tension Partnership Center staff who sign an appropriate 

3 non-disclosure agreement. 

4 SEC. 302. CRITICAL MINERALS MINING RESEARCH AND DE5 VELOPMENT AT THE NATIONAL SCIENCE 

6 FOUNDATION. 

7 (a) IN GENERAL.—The Director of the National 

8 Science Foundation shall award grants, on a competitive 

9 basis, to institutions of higher education or nonprofit orga10 nizations (or consortium of such institutions or organiza11 tions) to support basic research that will accelerate inno12 vation to advance critical minerals mining strategies and 

13 technologies for the purpose of making better use of do14 mestic resources and eliminating national reliance on min15 erals and mineral materials that are subject to supply dis16 ruptions. 

17 (b) USE OF FUNDS.—Activities funded by a grant 

18 under this section may include— 

19 (1) advancing mining research and development 

20 activities to develop new mapping and mining tech21 nologies and techniques, including advanced critical 

22 mineral extraction, production, separation, alloying, 

23 or processing techniques and technologies that can 

24 decrease energy intensity, potential environmental 

25 impact and costs of those activities; 


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1 (2) conducting long-term earth observatory of 

2 reclaimed mine sites, including the study of the evo3 lution of microbial diversity at such sites; 

4 (3) examining the application of artificial intel5 ligence for geological exploration of critical minerals, 

6 including what the size and diversity of data sets 

7 would be required; 

8 (4) examining the application of machine learn9 ing for detection and sorting of critical minerals, in10 cluding what the size and diversity of data sets 

11 would be required; 

12 (5) conducting detailed isotope studies of crit13 ical minerals and the development of more refined 

14 geologic models; or 

15 (6) providing training and researcher opportu16 nities to undergraduate and graduate students to 

17 prepare the next generation of mining engineers and 

18 researchers. 

19 SEC. 303. ADVANCED RECYCLING RESEARCH AND DEVEL20 OPMENT. 

21 (a) SHORT TITLE.—This section may be cited as the 

22 ‘‘Advanced Recycling Research and Development Act of 

23 2021’’. 

24 (b) DEFINITIONS.—In this section: 


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

2 means the Department of Energy. 

3 (2) NATIONAL LABORATORY.—The term ‘‘Na4 tional Laboratory’’ has the meaning given that term 

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

6 U.S.C. 15801). 

7 (3) SECRETARY.—The term ‘‘Secretary’’ means 

8 the Secretary of Energy. 

9 (4) RECYCLABLE PLASTIC.—The term ‘‘recycla10 ble plastic’’ means plastic that is designed to be 

11 readily, economically, and efficiently recyclable or 

12 otherwise recoverable for beneficial use. 

13 (5) CRITICAL MATERIAL.—The term ‘‘critical 

14 material’’ means material that serves an essential 

15 function in the manufacturing of a product and has 

16 a high risk of a supply disruption, such that a short17 age of such material would have significant con18 sequences for the economic or national security of 

19 the United States. 

20 (6) COMPOSITE.—The term ‘‘composite’’ means 

21 plastic reinforced with fiber or particulate secondary 

22 material like bio-derived fibers, carbon fibers, glass 

23 or any other solid material. 

24 (c) OPTIMIZED PLASTICS RECYCLING RESEARCH

25 AND DEVELOPMENT PROGRAM.— 


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

2 out a research, development, and demonstration pro3 gram to accelerate innovation in energy-efficient re4 cyclable plastics, next-generation plastics, and com5 posites recycling and upcycling strategies and tech6 nologies, in order to increase the economic value of 

7 plastics supply streams and to reduce the environ8 mental impact of global plastics consumption. 

9 (2) EXECUTION.—In carrying out the program 

10 under this subsection, the Secretary shall— 

11 (A) develop novel collection and sorting 

12 technologies to prevent plastics and composites, 

13 including waterborne plastics, from entering 

14 landfills and the marine environment; 

15 (B) develop biological, chemical, and hy16 brid bio-chemical technologies and methods for 

17 deconstructing plastic and composite waste, in18 cluding environmental waste, into useful chem19 ical and material streams; 

20 (C) develop technologies to upcycle waste, 

21 including chemical, material, and gaseous 

22 streams, into higher-value products; 

23 (D) develop new economically recyclable24 by-design plastics and composites that can be 


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1 scaled for domestic manufacturability and re2 covery; 

3 (E) develop new energy-efficient advanced 

4 manufacturing techniques for reclaimed plastics 

5 and composites; and 

6 (F) develop new data collection methods 

7 and practices in collaboration with relevant 

8 Federal agencies. 

9 (3) LEVERAGING.—In carrying out the program 

10 under this subsection, the Secretary shall leverage 

11 resources and expertise from— 

12 (A) the Basic Energy Sciences Program 

13 and the Biological and Environmental Research 

14 Program of the Office of Science; and 

15 (B) the Office of Energy Efficiency and 

16 Renewable Energy. 

17 (4) STANDARD OF REVIEW.—The Secretary 

18 shall periodically review activities carried out under 

19 the program under this subsection to determine the 

20 achievement of technical milestones as determined 

21 by the Secretary. 

22 (5) FUNDING.— 

23 (A) IN GENERAL.—From within funds au24 thorized to be appropriated— 


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1 (i) to the Department’s Office of 

2 Science, there shall be made available to 

3 the Secretary to carry out the program 

4 under this subsection $15,000,000 for each 

5 of fiscal years 2022 through 2026; and 

6 (ii) to the Department’s Office of En7 ergy Efficiency and Renewable Energy, 

8 there shall be made available to the Sec9 retary to carry out the program under this 

10 subsection $25,000,000 for each of fiscal 

11 years 2022 through 2026. 

12 (B) PROHIBITION.—In carrying out the 

13 program under this subsection, the Secretary 

14 shall not use funds made available under para15 graph (1) for commercial application of energy 

16 technology. 

17 (d) LITHIUM-ION BATTERY RECYCLING RESEARCH

18 AND DEVELOPMENT PROGRAM.— 

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

20 out a research, development, and demonstration pro21 gram to support the development of— 

22 (A) advanced materials for batteries with 

23 considerations given to resource availability and 

24 environmentally benign disposal and recycling; 

25 and 


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1 (B) innovative technologies to reclaim and 

2 recycle critical materials from advanced and 

3 lithium-ion based battery technologies used in 

4 consumer electronics, defense, stationary stor5 age, and transportation applications. 

6 (2) EXECUTION.—In carrying out the program 

7 under this subsection, the Secretary shall— 

8 (A) promote the discovery of new domesti9 cally sourced raw materials for batteries that 

10 can degrade without causing damage to the en11 vironment; 

12 (B) develop innovative and cost-effective 

13 technologies and processes for the collection, 

14 storage, and transportation of discarded lith15 ium-ion batteries that use domestic mining re16 sources and increase availability of domestically 

17 sourced raw materials for batteries; and 

18 (C) develop cost-effective recycling proc19 esses to recover critical materials from dis20 carded lithium-ion batteries and enable their re21 introduction in new lithium-ion cell technologies 

22 and for use in other relevant industries. 

23 (3) LEVERAGING.—In carrying out the program 

24 under this subsection, the Secretary shall leverage 

25 resources and expertise from— 


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1 (A) the Basic Energy Sciences Program of 

2 the Office of Science; 

3 (B) the Office of Energy Efficiency and 

4 Renewable Energy, including current lithium5 ion battery recycling activities supported by the 

6 Vehicle Technologies Office within the Office of 

7 Energy Efficiency and Renewable Energy; and 

8 (C) the Office of Technology Transitions. 

9 (4) STANDARD OF REVIEW.—The Secretary 

10 shall periodically review activities carried out under 

11 the program under this subsection to determine the 

12 achievement of technical milestones as determined 

13 by the Secretary. 

14 (5) FUNDING.— 

15 (A) IN GENERAL.—From within funds au16 thorized to be appropriated— 

17 (i) to the Department’s Office of 

18 Science, there shall be made available to 

19 the Secretary to carry out the activities 

20 under this subsection $10,000,000 for each 

21 of fiscal years 2022 through 2026; and 

22 (ii) to the Department’s Office of En23 ergy Efficiency and Renewable Energy, 

24 there shall be made available to the Sec25 retary to carry out the activities under this 


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1 subsection $10,000,000 for each of fiscal 

2 years 2022 through 2026. 

3 (B) PROHIBITION.—In carrying out the 

4 program under this subsection, the Secretary 

5 shall not use funds made available under sub6 paragraph (A) for commercial application of en7 ergy technology. 

8 SEC. 304. CRITICAL MINERALS INTERAGENCY SUB9 COMMITTEE. 

10 (a) IN GENERAL.—The Critical Minerals Sub11 committee of the National Science and Technology Council 

12 (referred to in this section as ‘‘Subcommittee’’) shall co13 ordinate Federal science and technology efforts to ensure 

14 secure and reliable supplies of critical minerals to the 

15 United States. 

16 (b) PURPOSES.—The purposes of the Subcommittee 

17 shall be— 

18 (1) to advise and assist the Committee on 

19 Homeland and National Security and the National 

20 Science and Technology Council on United States 

21 policies, procedures, and plans as it relates to crit22 ical minerals, including— 

23 (A) Federal research, development, and de24 ployment efforts to optimize methods for ex25 tractions, concentration, separation and purifiVerDate Sep 11 2014 23:02 May 19, 2021 Jkt 019200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E:\BILLS\H2153.IH H2153

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1 cation of conventional, secondary, and uncon2 ventional sources of critical minerals; 

3 (B) efficient use and reuse of critical min4 erals; 

5 (C) the critical minerals workforce of the 

6 United States; and 

7 (D) United States private industry invest8 ments in innovation and technology transfer 

9 from federally funded science and technology; 

10 (2) to identify emerging opportunities, stimu11 late international cooperation, and foster the devel12 opment of secure and reliable supply chains of crit13 ical minerals; 

14 (3) to ensure the transparency of information 

15 and data related to critical minerals; and 

16 (4) to provide recommendations on coordination 

17 and collaboration among the research, development, 

18 and deployment programs and activities of Federal 

19 agencies to promote a secure and reliable supply of 

20 critical minerals necessary to maintain national se21 curity, economic well-being, and industrial produc22 tion. 

23 (c) RESPONSIBILITIES.—In carrying out paragraphs 

24 (1) and (2), the Subcommittee may, taking into account 


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1 the findings and recommendations of relevant advisory 

2 committees— 

3 (1) provide recommendations on how Federal 

4 agencies may improve the topographic, geologic, and 

5 geophysical mapping of the United States and im6 prove the discoverability, accessibility, and usability 

7 of the resulting and existing data, to the extent per8 mitted by law and subject to appropriate limitation 

9 for purposes of privacy and security; assess the 

10 progress towards developing critical minerals recy11 cling and reprocessing technologies, and techno12 logical alternatives to critical minerals; 

13 (2) examine options for accessing and devel14 oping critical minerals through investment and trade 

15 with our allies and partners and provide rec16 ommendations; 

17 (3) evaluate and provide recommendations to 

18 incentivize the development and use of advances in 

19 science and technology in the private industry; 

20 (4) assess the need for and make recommenda21 tions to address the challenges the United States 

22 critical minerals supply chain workforce faces, in23 cluding aging and retiring personnel and faculty; 

24 public perceptions about the nature of mining and 


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1 mineral processing; and foreign competition for 

2 United States talent; 

3 (5) develop, and update as necessary, a stra4 tegic plan to guide Federal programs and activities 

5 to enhance scientific and technical capabilities across 

6 critical mineral supply chains, including a roadmap 

7 that identifies key research and development needs 

8 and coordinates ongoing activities for source diver9 sification, more efficient use, recycling, and substi10 tution for critical minerals; as well as cross-cutting 

11 mining science, data science techniques, materials 

12 science, manufacturing science and engineering, 

13 computational modeling, and environmental health 

14 and safety research and development; and 

15 (6) report to the appropriate committees of 

16 Congress on activities and findings under this sec17 tion. 

18 SEC. 305. HEAVY FREIGHT AUTONOMOUS TRUCKING RE19 SEARCH CORRIDOR. 

20 (a) IN GENERAL.—Not later than 1 year after the 

21 date of enactment of this Act, the Secretary of Transpor22 tation shall establish a Heavy Freight Autonomous Truck23 ing Research Initiative to lay the foundation for the broad 

24 scale adoption of autonomous freight trucking. 


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1 (b) RESPONSIBILITIES.—In carrying out the Initia2 tive established under subsection (a), the Secretary shall— 

3 (1) support and conduct research and develop4 ment on automated and connected freight trucking 

5 with private industry, and industry associations, 

6 other Federal agencies, State and local Transpor7 tation agencies, research universities, and a National 

8 Transportation center selected under section 

9 5505(c)(2) of title 49, United States Code; and 

10 (2) support or establish a heavy freight autono11 mous trucking research and development corridor 

12 and related pilot programs. 

13 (c) RESEARCH AND DEVELOPMENT AGENDA.—The 

14 Secretary, in consultation with interested parties, shall es15 tablish an agenda for research and development conducted 

16 under subsection (b)(1) and the programs described in 

17 subsection (b)(2) that at a minimum, include— 

18 (1) analyzing, modeling, and piloting the feasi19 bility and benefits of dedicated autonomous trucking 

20 corridors, including their impact on— 

21 (A) long distance freight movement; 

22 (B) supply chains that are critical to the 

23 United States economy; 

24 (C) fuel economy and emissions; 

25 (D) transportation infrastructure; 


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1 (E) vehicle miles traveled; 

2 (F) the freight trucking workforce; and 

3 (G) safety, accidents, and fatalities; and 

4 (2) providing deployment guidance, including 

5 for— 

6 (A) utilization costs models; 

7 (B) cyber-physical security; and 

8 (C) human factors, including training the 

9 next generation of the transportation workforce. 

10 (d) ELIGIBILITY.—An institution of higher education 

11 (as defined by section 102 of the Higher Education Act 

12 of 1965 (20 U.S.C. 1002)) or a consortium composed of 

13 nonprofits and institutions of higher education shall be eli14 gible to receive grants under this program. 

15 (e) SELECTION CRITERIA.—In awarding a grant, the 

16 Secretary shall— 

17 (1) give preference to the recipient’s past and 

18 current collaboration with local and state transpor19 tation agencies in activities related to section; 

20 (2) give preference to a recipient whose geo21 graphic location offer access to long haul tucking 

22 corridors; 

23 (3) consider the extent to which an applicant’s 

24 proposal would involve participation by local, re25 gional, and national stakeholders; and 


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1 (4) consider the local, regional, and national 

2 impacts of the applicant’s proposal. 

3 (f) FEDERAL SHARE.—The Federal share of a grant 

4 under this subsection shall be 50 percent of the costs of 

5 establishing and operating the test corridor and related 

6 activities carried out by the grant recipient. 

7 (g) AUTHORIZATION OF APPROPRIATIONS.—There 

8 are authorized to be appropriated to the Secretary 

9 $6,000,000 for each of the fiscal years 2022 through 2026 

10 for grants under this section. 

11 SEC. 306. NIST UAV CHALLENGES AND CREDENTIALING 

12 PROGRAM. 

13 (a) UNMANNED AERIAL VEHICLE RESEARCH CHAL14 LENGE.— 

15 (1) PRIZE CHALLENGE.—Pursuant to section 

16 24 of the Stevenson-Wydler Technology Innovation 

17 Act of 1980 (15 U.S.C. 3719), the Secretary of 

18 Commerce, acting through the Under Secretary of 

19 Commerce for Standards and Technology (referred 

20 to in this subsection as the ‘‘Secretary’’), shall, sub21 ject to appropriations, carry out a program to part22 ner with academic institutions to award prizes com23 petitively to stimulate research and development of 

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1 nologies in order to expand upon and improve emer2 gency response operations. 

3 (2) PLAN FOR EMERGENCY RESPONSE OPER4 ATIONS.—Each proposal submitted pursuant to 

5 paragraph (1) shall include a plan for UAV imple6 mentation in emergency response operations. 

7 (3) PRIZE AMOUNT.—In carrying out the pro8 gram under paragraph (1), the Secretary may award 

9 not more than a total of $2,250,000 to one or more 

10 winners of the prize challenge. 

11 (4) REPORT.—Not later than 60 days after the 

12 date on which a prize is awarded under the prize 

13 challenge, the Secretary shall submit to the relevant 

14 committees of Congress a report that describes the 

15 winning proposal of the prize challenge. 

16 (5) CONSULTATION.—In carrying out the pro17 gram under subsection (a), the Secretary may con18 sult with the heads of relevant departments and 

19 agencies of the Federal Government. 

20 (b) UNMANNED AERIAL VEHICLE CREDENTIALING

21 PROGRAM.—The Secretary shall partner with academic in22 stitutions to establish the measurements and standards in23 frastructure necessary for credentialing remote pilots, in24 cluding implementation and demonstration of distributed 


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1 pilot training and evaluation using standard test methods, 

2 and support flight test simulations. 

3 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

4 are authorized to be appropriated to the Secretary to carry 

5 out this section $3,250,000 for fiscal years 2022 through 

6 2032, of which not less than $1,000,000 shall be used to 

7 carry out subsection (b). 

8 TITLE IV—DEPARTMENT OF 

9 ENERGY 

10 Subtitle A—Office of Science 

11 SEC. 401. DEFINITIONS. 

12 In this title: 

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

14 means the Department of Energy. 

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

16 the Director of the Office of Science of the Depart17 ment. 

18 (3) NATIONAL LABORATORY.—The term ‘‘Na19 tional Laboratory’’ has the meaning given that term 

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

21 U.S.C. 15801). 

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

23 the Secretary of Energy. 


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1 SEC. 402. BASIC ENERGY SCIENCES. 

2 (a) IN GENERAL.—Section 303 of the Department of 

3 Energy Research and Innovation Act (42 U.S.C. 18641) 

4 is amended— 

5 (1) by redesignating subsections (a) through (e) 

6 as subsections (b) through (f), respectively; and 

7 (2) by inserting before subsection (b), as redes8 ignated by paragraph (1), the following: 

9 ‘‘(a) PROGRAM.—The Director shall carry out a fun10 damental research program in basic energy sciences, in11 cluding materials sciences and engineering, chemical 

12 sciences, physical biosciences, and geosciences, in order to 

13 provide the foundations for new energy technologies and 

14 to support Department missions in energy, environment, 

15 and national security.’’. 

16 (b) BASIC ENERGY SCIENCES USER FACILITIES.— 

17 Paragraph (3) of subsection (c) of such section, as redesig18 nated by subsection (a)(1), is amended— 

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

20 (2) by redesignating subparagraph (D) as sub21 paragraph (E); and 

22 (3) by inserting after subparagraph (C) the fol23 lowing: 

24 ‘‘(D) autonomous chemistry and materials 

25 synthesis facilities that leverage advances in ar26 tificial intelligence; and’’. 


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1 (c) BASIC ENERGY SCIENCES RESEARCH INFRA2 STRUCTURE.—Such section, as amended by subsection 

3 (a), is further amended by adding at the end the following: 

4 ‘‘(g) BASIC ENERGY SCIENCES RESEARCH INFRA5 STRUCTURE.— 

6 ‘‘(1) ADVANCED PHOTON SOURCE UPGRADE.— 

7 ‘‘(A) IN GENERAL.—The Secretary shall 

8 provide for the upgrade to the Advanced Pho9 ton Source described in the publication ap10 proved by the Basic Energy Sciences Advisory 

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

12 Facility Upgrades’, including the development 

13 of a multi-bend achromat lattice to produce a 

14 high flux of coherent x-rays within the hard x15 ray energy region and a suite of beamlines opti16 mized for this source. 

17 ‘‘(B) DEFINITIONS.—In this paragraph: 

18 ‘‘(i) FLUX.—The term ‘flux’ means 

19 the rate of flow of photons. 

20 ‘‘(ii) HARD X-RAY.—The term ‘hard 

21 x-ray’ means a photon with energy greater 

22 than 20 kiloelectron volts. 

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 

2 March 31, 2026. 

3 ‘‘(D) FUNDING.—Out of funds authorized 

4 to be appropriated under section 409 for Basic 

5 Energy Sciences, there shall be made available 

6 to the Secretary to carry out the upgrade under 

7 this paragraph— 

8 ‘‘(i) $106,200,000 for fiscal year 

9 2022; and 

10 ‘‘(ii) $5,000,000 for fiscal year 2023. 

11 ‘‘(2) SPALLATION NEUTRON SOURCE PROTON

12 POWER UPGRADE.— 

13 ‘‘(A) IN GENERAL.—The Secretary shall 

14 provide for a proton power upgrade to the 

15 Spallation Neutron Source. 

16 ‘‘(B) PROTON POWER UPGRADE DE17 FINED.—For the purposes of this paragraph, 

18 the term ‘proton power upgrade’ means the 

19 Spallation Neutron Source power upgrade de20 scribed in— 

21 ‘‘(i) the publication of the Office of 

22 Science of the Department of Energy titled 

23 ‘Facilities for the Future of Science: A 

24 Twenty-Year Outlook’, published December 

25 2003; 


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1 ‘‘(ii) the publication of the Office of 

2 Science of the Department of Energy titled 

3 ‘Four Years Later: An Interim Report on 

4 Facilities for the Future of Science: A 

5 Twenty-Year Outlook’, published August 

6 2007; and 

7 ‘‘(iii) the publication approved by the 

8 Basic Energy Sciences Advisory Committee 

9 on June 9, 2016, titled ‘Report on Facility 

10 Upgrades’. 

11 ‘‘(C) START OF OPERATIONS.—The Sec12 retary shall, to the maximum extent practicable, 

13 ensure that the start of full operations of the 

14 upgrade under this paragraph occurs before De15 cember 31, 2025. 

16 ‘‘(D) FUNDING.—Out of funds authorized 

17 to be appropriated under section 409 for Basic 

18 Energy Sciences, there shall be made available 

19 to the Secretary to carry out the upgrade under 

20 this paragraph— 

21 ‘‘(i) $25,000,000 for fiscal year 2022; 

22 ‘‘(ii) $17,000,000 for fiscal year 2023; 

23 and 

24 ‘‘(iii) $7,800,000 for fiscal year 2024. 


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1 ‘‘(3) SPALLATION NEUTRON SOURCE SECOND

2 TARGET STATION.— 

3 ‘‘(A) IN GENERAL.—The Secretary shall 

4 provide for a second target station for the 

5 Spallation Neutron Source. 

6 ‘‘(B) DEFINITION OF SECOND TARGET

7 STATION.—For the purposes of this paragraph, 

8 the term ‘second target station’ means the 

9 Spallation Neutron Source second target station 

10 described in— 

11 ‘‘(i) the publication of the Office of 

12 Science of the Department of Energy titled 

13 ‘Facilities for the Future of Science: A 

14 Twenty-Year Outlook’, published December 

15 2003; 

16 ‘‘(ii) the publication of the Office of 

17 Science of the Department of Energy titled 

18 ‘Four Years Later: An Interim Report on 

19 Facilities for the Future of Science: A 

20 Twenty-Year Outlook’, published August 

21 2007; and 

22 ‘‘(iii) the publication approved by the 

23 Basic Energy Sciences Advisory Committee 

24 on June 9, 2016, titled ‘Report on Facility 

25 Upgrades’. 


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1 ‘‘(C) START OF OPERATIONS.—The Sec2 retary shall, to the maximum extent practicable, 

3 ensure that the start of full operations of the 

4 second target station under this paragraph oc5 curs before December 31, 2030, with the option 

6 for early operation in 2028. 

7 ‘‘(D) FUNDING.—Out of funds authorized 

8 to be appropriated under section 409 for Basic 

9 Energy Sciences, there shall be made available 

10 to the Secretary to carry out activities, includ11 ing construction, under this paragraph— 

12 ‘‘(i) $50,000,000 for fiscal year 2022; 

13 ‘‘(ii) $200,000,000 for fiscal year 

14 2023; 

15 ‘‘(iii) $275,000,000 for fiscal year 

16 2024; 

17 ‘‘(iv) $275,000,000 for fiscal year 

18 2025; 

19 ‘‘(v) $275,000,000 for fiscal year 

20 2026; 

21 ‘‘(vi) $250,000,000 for fiscal year 

22 2027; and 

23 ‘‘(vii) $120,000,000 for fiscal year 

24 2028. 

25 ‘‘(4) ADVANCED LIGHT SOURCE UPGRADE.— 


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1 ‘‘(A) IN GENERAL.—The Secretary shall 

2 provide for the upgrade to the Advanced Light 

3 Source described in the publication approved by 

4 the Basic Energy Sciences Advisory Committee 

5 on June 9, 2016, titled ‘Report on Facility Up6 grades’, including the development of a multi7 bend achromat lattice to produce a high flux of 

8 coherent x-rays within the soft x-ray energy re9 gion. 

10 ‘‘(B) DEFINITIONS.—In this paragraph: 

11 ‘‘(i) FLUX.—The term ‘flux’ means 

12 the rate of flow of photons. 

13 ‘‘(ii) SOFT X-RAY.—The term ‘soft x14 ray’ means a photon with energy in the 

15 range from 50 to 2,000 electron volts. 

16 ‘‘(C) START OF OPERATIONS.—The Sec17 retary shall, to the maximum extent practicable, 

18 ensure that the start of full operations of the 

19 upgrade under this paragraph occurs before De20 cember 31, 2026. 

21 ‘‘(D) FUNDING.—Out of funds authorized 

22 to be appropriated under section 409 for Basic 

23 Energy Sciences, there shall be made available 

24 to the Secretary to carry out the upgrade under 

25 this paragraph— 


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1 ‘‘(i) $100,000,000 for fiscal year 

2 2022; 

3 ‘‘(ii) $130,000,000 for fiscal year 

4 2023; 

5 ‘‘(iii) $102,500,000 for fiscal year 

6 2024; and 

7 ‘‘(iv) $21,500,000 for fiscal year 

8 2025. 

9 ‘‘(5) LINAC COHERENT LIGHT SOURCE II HIGH

10 ENERGY UPGRADE.— 

11 ‘‘(A) IN GENERAL.—The Secretary shall 

12 provide for the upgrade to the Linac Coherent 

13 Light Source II facility described in the publi14 cation approved by the Basic Energy Sciences 

15 Advisory Committee on June 9, 2016, titled 

16 ‘Report on Facility Upgrades’, including the de17 velopment of experimental capabilities for high 

18 energy x-rays to reveal fundamental scientific 

19 discoveries. The Secretary shall ensure the up20 grade under this paragraph enables the produc21 tion and use of high energy, ultra-short pulse x22 rays delivered at a high repetition rate. 

23 ‘‘(B) DEFINITIONS.—In this paragraph: 

24 ‘‘(i) HIGH ENERGY X-RAY.—The term 

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


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1 an energy in the 5 to 13 kiloelectron volt 

2 range. 

3 ‘‘(ii) HIGH REPETITION RATE.—The 

4 term ‘high repetition rate’ means the deliv5 ery of x-ray pulses up to 1 million pulses 

6 per second. 

7 ‘‘(iii) ULTRA-SHORT PULSE X-RAYS.— 

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

9 x-ray bursts capable of durations of less 

10 than 100 femtoseconds. 

11 ‘‘(C) START OF OPERATIONS.—The Sec12 retary shall, to the maximum extent practicable, 

13 ensure that the start of full operations of the 

14 upgrade under this paragraph occurs before De15 cember 31, 2026. 

16 ‘‘(D) FUNDING.—Out of funds authorized 

17 to be appropriated under section 409 for Basic 

18 Energy Sciences, there shall be made available 

19 to the Secretary to carry out the upgrade under 

20 this paragraph— 

21 ‘‘(i) $87,000,000 for fiscal year 2022; 

22 ‘‘(ii) $100,000,000 for fiscal year 

23 2023; 

24 ‘‘(iii) $100,000,000 for fiscal year 

25 2024; 


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1 ‘‘(iv) $100,000,000 for fiscal year 

2 2025; and 

3 ‘‘(v) $83,000,000 for fiscal year 

4 2026.’’. 

5 (d) ARTIFICIAL PHOTOSYNTHESIS.—Subtitle G of 

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

7 16311 et seq.) is amended— 

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

9 and inserting: 

10 ‘‘(4)(A) FUNDING.—From within funds author11 ized to be appropriated under section 409 of the Se12 curing American Leadership in Science and Tech13 nology Act of 2021 for Basic Energy Sciences, the 

14 Secretary shall make available for carrying out ac15 tivities under this subsection $50,000,000 for each 

16 of fiscal years 2022 through 2031. 

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.’’; and 

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

22 and inserting: 

23 ‘‘(4)(A) FUNDING.—From within funds author24 ized to be appropriated under section 409 of the Se25 curing American Leadership in Science and TechVerDate Sep 11 2014 23:02 May 19, 2021 Jkt 019200 PO 00000 Frm 00051 Fmt 6652 Sfmt 6201 E:\BILLS\H2153.IH H2153

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1 nology Act of 2021 for Basic Energy Sciences and 

2 Biological and Environmental Research, the Sec3 retary shall make available for carrying out activities 

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

5 years 2022 through 2031. 

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

7 program described in paragraph (1) may be obli8 gated or expended for commercial application of en9 ergy technology.’’. 

10 (e) ELECTRICITY STORAGE RESEARCH INITIATIVE.— 

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

12 16315) is amended— 

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

14 and inserting: 

15 ‘‘(4)(A) FUNDING.—From within funds author16 ized to be appropriated under section 409 of the Se17 curing American Leadership in Science and Tech18 nology Act of 2021 for Basic Energy Sciences, the 

19 Secretary shall make available for carrying out ac20 tivities under this subsection $50,000,000 for each 

21 of fiscal years 2022 through 2031. 

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.’’; 


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

2 and inserting: 

3 ‘‘(4)(A) FUNDING.—From within funds author4 ized to be appropriated under section 409 of the Se5 curing American Leadership in Science and Tech6 nology Act of 2021 for Basic Energy Sciences and 

7 Advanced Scientific Computing Research, the Sec8 retary shall make available for carrying out activities 

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

10 years 2022 through 2031. 

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.’’; and 

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

16 and inserting: 

17 ‘‘(4)(A) FUNDING.—From within funds author18 ized to be appropriated under section 409 of the Se19 curing American Leadership in Science and Tech20 nology Act of 2021 for Basic Energy Sciences and 

21 Biological and Environmental Research, the Sec22 retary shall make available for carrying out activities 

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

24 years 2022 through 2031. 


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

2 program described in paragraph (1) may be obli3 gated or expended for commercial application of en4 ergy technology.’’. 

5 (f) COMPUTATIONAL MATERIALS AND CHEMISTRY.— 

6 Section 303 of the Department of Energy Research and 

7 Innovation Act (42 U.S.C. 18641) is amended by inserting 

8 after subsection (d) as so redesignated, the following: 

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

10 a program of fundamental research for the applica11 tion of advanced computing practices to foundational 

12 and emerging research problems in chemistry and 

13 materials science. 

14 ‘‘(2) COMPUTATIONAL MATERIALS AND CHEM15 ISTRY SCIENCE CENTERS.— 

16 ‘‘(A) IN GENERAL.—In carrying out the 

17 activities authorized under paragraph (1), the 

18 Director shall select and establish up to four 

19 computational materials and chemistry science 

20 centers to develop open-source, robust, and vali21 dated computational codes and user-friendly 

22 software, coupled with innovative use of experi23 mental and theoretical data, to enable the de24 sign, discovery, and development of new mate25 rials and chemical systems including chemical 


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1 catalysis research and development. These cen2 ters shall also focus on overcoming challenges 

3 and maximizing the benefits of exascale and 

4 other high performance computing systems. 

5 ‘‘(B) SELECTION.—The Director shall se6 lect centers under paragraph (1) on a competi7 tive, merit-reviewed basis. The Director shall 

8 consider applications from the National Labora9 tories, institutes of higher education, multi-in10 stitutional collaborations, and other appropriate 

11 entities. 

12 ‘‘(C) DURATION.—A center established 

13 under this subsection shall receive support for 

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

15 the availability of appropriations. 

16 ‘‘(D) RENEWAL.—Upon the expiration of 

17 any period of support of a center under this 

18 subsection, the Director may renew support for 

19 the center, on a merit-reviewed basis, for a pe20 riod of not more than 5 years. 

21 ‘‘(E) TERMINATION.—Consistent with the 

22 existing authorities of the Department, the Di23 rector may terminate an underperforming cen24 ter for cause during the performance period. 

25 ‘‘(3) MATERIALS RESEARCH DATABASE.— 


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

2 support the development of a web-based plat3 form to provide access to a database of com4 puted information on known and predicted ma5 terials properties and computational tools to ac6 celerate breakthroughs in materials discovery 

7 and design. 

8 ‘‘(B) PROGRAM.—In carrying out this sec9 tion, the Director shall— 

10 ‘‘(i) conduct cooperative research with 

11 industry, academia, and other research in12 stitutions to facilitate the design of novel 

13 materials; 

14 ‘‘(ii) leverage existing high perform15 ance computing systems to conduct high16 throughput calculations, and develop com17 putational and data mining algorithms for 

18 the prediction of material properties; 

19 ‘‘(iii) advance understanding, pre20 diction, and manipulation of materials; 

21 ‘‘(iv) strengthen the foundation for 

22 new technologies and advanced manufac23 turing; and 

24 ‘‘(v) drive the development of ad25 vanced materials for applications that span 


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1 the Department’s missions in energy, envi2 ronment, and national security. 

3 ‘‘(C) COORDINATION.—In carrying out this 

4 section, the Director shall leverage programs 

5 and activities across the Department. 

6 ‘‘(D) FUNDING.—Out of funds authorized 

7 to be appropriated under section 409 for Basic 

8 Energy Sciences there shall be made available 

9 to the Secretary to carry out activities under 

10 this subsection $10,000,000 for each of the fis11 cal years 2022 through 2031.’’. 

12 SEC. 403. ADVANCED SCIENTIFIC COMPUTING RESEARCH. 

13 (a) IN GENERAL.—Section 304 of the Department of 

14 Energy Research and Innovation Act (42 U.S.C. 18642) 

15 is amended— 

16 (1) by redesignating subsections (a) through (c) 

17 as subsections (b) through (d), respectively; and 

18 (2) by inserting before subsection (b), as redes19 ignated by paragraph (1), the following: 

20 ‘‘(a) PROGRAM.—The Director shall carry out a re21 search, development, and demonstration program to ad22 vance computational and networking capabilities to ana23 lyze, model, simulate, and predict complex phenomena rel24 evant to the development of new energy technologies and 

25 the competitiveness of the United States.’’. 


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1 (b) ADDITIONAL PROGRAMS.—Such section, as 

2 amended by subsection (a), is further amended by adding 

3 at the end the following: 

4 ‘‘(e) BEYOND EXASCALE COMPUTING PROGRAM.— 

5 ‘‘(1) IN GENERAL.—The Secretary shall estab6 lish a program to develop and implement a strategy 

7 for achieving computing systems with capabilities be8 yond exascale computing systems. In establishing 

9 this program, the Secretary shall— 

10 ‘‘(A) maintain foundational research pro11 grams in mathematical, computational, and 

12 computer sciences focused on new and emerging 

13 computing needs within the mission of the De14 partment, including but not limited to post15 Moore’s law computing architectures, novel ap16 proaches to modeling and simulation, artificial 

17 intelligence and scientific machine learning, 

18 quantum computing, and extreme heterogeneity; 

19 and 

20 ‘‘(B) retain best practices and maintain 

21 support for essential hardware and software ele22 ments of the Exascale Computing Project that 

23 are necessary for sustaining the vitality of a 

24 long-term exascale ecosystem. 


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1 ‘‘(2) REPORT.—Not later than one year after 

2 the date of the enactment of this Act, the Secretary 

3 shall submit to the Committee on Science, Space, 

4 and Technology of the House of Representatives, 

5 and the Committee on Energy and Natural Re6 sources of the Senate, a report on the development 

7 and implementation of the strategy outlined in para8 graph (1). 

9 ‘‘(f) ENERGY EFFICIENT COMPUTING PROGRAM.— 

10 ‘‘(1) IN GENERAL.—The Secretary shall sup11 port a program of fundamental research, develop12 ment, and demonstration of energy efficient com13 puting technologies relevant to advanced computing 

14 applications in high performance computing, artifi15 cial intelligence, and scientific machine learning. 

16 ‘‘(2) EXECUTION.— 

17 ‘‘(A) PROGRAM.—In carrying out the pro18 gram, the Secretary shall— 

19 ‘‘(i) establish a partnership for Na20 tional Laboratories, industry partners, and 

21 institutions of higher education for co22 design of energy efficient hardware, tech23 nology, software, and applications across 

24 all applicable program offices of the De25 partment; 


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1 ‘‘(ii) develop hardware and software 

2 technologies that decrease the energy needs 

3 of advanced computing practices; 

4 ‘‘(iii) consider multiple heterogeneous 

5 computing architectures, including neuro6 morphic computing, persistent computing, 

7 and ultrafast networking; and 

8 ‘‘(iv) provide, as appropriate, on a 

9 competitive, merit-reviewed basis, access 

10 for researchers from institutions of higher 

11 education, National Laboratories, industry, 

12 and other Federal agencies to the energy 

13 efficient computing technologies developed 

14 pursuant to clause (i). 

15 ‘‘(B) SELECTION OF PARTNERS.—In se16 lecting participants for the partnership estab17 lished under subparagraph (A)(i), the Secretary 

18 shall select participants through a competitive, 

19 merit-review process. 

20 ‘‘(3) REPORT.—Not later than one year after 

21 the date of the enactment of this Act, the Secretary 

22 shall submit to the Committee on Science, Space, 

23 and Technology of the House of Representatives, 

24 and the Committee on Energy and Natural Re25 sources of the Senate, a report on— 


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1 ‘‘(A) the activities conducted under sub2 paragraph (A); and 

3 ‘‘(B) the coordination and management of 

4 the Program to ensure an integrated research 

5 program across the Department. 

6 ‘‘(g) ARTIFICIAL INTELLIGENCE, DATA ANALYTICS, 

7 AND COMPUTATIONAL RESEARCH.— 

8 ‘‘(1) IN GENERAL.—The Secretary shall carry 

9 out a program to develop tools for big data analytics 

10 by utilizing data sets generated by Federal agencies, 

11 institutions of higher education, nonprofit research 

12 organizations, and industry in order to advance arti13 ficial intelligence technologies to solve complex, big 

14 data challenges. The Secretary shall carry out this 

15 program through a competitive, merit-reviewed proc16 ess, and consider applications from National Labora17 tories, institutions of higher education, multi-institu18 tional collaborations, and other appropriate entities. 

19 ‘‘(2) PROGRAM COMPONENTS.—In carrying out 

20 the program established under paragraph (1), the 

21 Secretary shall— 

22 ‘‘(A) establish a cross-cutting research ini23 tiative to prevent duplication and coordinate re24 search efforts in artificial intelligence and data 

25 analytics across the Department; 


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1 ‘‘(B) conduct basic research in modeling 

2 and simulation, artificial intelligence, machine 

3 learning, large-scale data analytics, natural lan4 guage processing, and predictive analysis in 

5 order to develop novel or optimized predictive 

6 algorithms suitable for high-performance com7 puting systems and large biomedical data sets; 

8 ‘‘(C) develop multivariate optimization 

9 models to accommodate large data sets with 

10 variable quality and scale in order to visualize 

11 complex systems; 

12 ‘‘(D) establish multiple scientific com13 puting facilities to serve as data enclaves capa14 ble of securely storing data sets created by Fed15 eral agencies, institutions of higher education, 

16 nonprofit organizations, or industry at National 

17 Laboratories; and 

18 ‘‘(E) promote collaboration and data shar19 ing between National Laboratories, research en20 tities, and facilities of the Department by pro21 viding the necessary access and secure data 

22 transfer capabilities. 

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

24 date of the enactment of this Act, the Secretary 

25 shall submit to the Committee on Science, Space, 


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1 and Technology of the House of Representatives and 

2 the Committee on Energy and Natural Resources of 

3 the Senate a report evaluating the effectiveness of 

4 the program under paragraph (1), including basic 

5 research discoveries achieved in the course of the 

6 program and potential opportunities to expand the 

7 technical capabilities of the Department through the 

8 development of artificial intelligence and data ana9 lytics technologies. 

10 ‘‘(h) ENERGY SCIENCES NETWORK.— 

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

12 for an upgrade to the Energy Sciences Network user 

13 facility in order to meet Federal research needs for 

14 highly reliable data transport capabilities optimized 

15 for the requirements of large-scale science. 

16 ‘‘(2) CAPABILITIES.—In carrying out paragraph 

17 (1), the Secretary shall ensure the following capabili18 ties: 

19 ‘‘(A) To provide high bandwidth scientific 

20 networking across the continental United States 

21 and the Atlantic Ocean. 

22 ‘‘(B) To maximize network reliability. 

23 ‘‘(C) To protect the network and data from 

24 cyber-attacks. 


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1 ‘‘(D) To support exponentially increasing 

2 levels of data from the Department’s scientific 

3 user facilities, experiments, and sensors. 

4 ‘‘(E) To integrate heterogeneous com5 puting frameworks and systems. 

6 ‘‘(i) WORKFORCE DEVELOPMENT.—The Director of 

7 the Office of Advanced Scientific Computing Research 

8 shall support the development of a computational science 

9 workforce through a program that— 

10 ‘‘(1) facilitates collaboration between university 

11 students and researchers at the National Labora12 tories; and 

13 ‘‘(2) endeavors to advance science in areas rel14 evant to the mission of the Department through the 

15 application of computational science. 

16 ‘‘(j) COMPUTATIONAL SCIENCE GRADUATE FELLOW17 SHIP.— 

18 ‘‘(1) IN GENERAL.—The Secretary shall sup19 port the Computational Science Graduate Fellowship 

20 program in order to facilitate collaboration between 

21 graduate students and researchers at the National 

22 Laboratories, and contribute to the development of 

23 a computational workforce to help advance research 

24 in areas relevant to the mission of the Department. 


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1 ‘‘(2) FUNDING.—From within funds authorized 

2 to be appropriated under section 409 of the Securing 

3 American Leadership in Science and Technology Act 

4 of 2021 for Advanced Scientific Computing Research 

5 Program, the Secretary shall make available for car6 rying out the activities under this section— 

7 ‘‘(A) $21,000,000 for fiscal year 2022; 

8 ‘‘(B) $22,050,000 for fiscal year 2023; 

9 ‘‘(C) $23,152,500 for fiscal year 2024; and 

10 ‘‘(D) 24,310,125 for fiscal year 2025.’’. 

11 (c) APPLIED MATHEMATICS AND SOFTWARE DEVEL12 OPMENT.—Subsection (d) of such section, as redesignated 

13 by subsection (a)(1), is amended to read as follows: 

14 ‘‘(c) APPLIED MATHEMATICS AND SOFTWARE DE15 VELOPMENT FOR HIGH-END COMPUTING SYSTEMS, COM16 PUTATIONAL, AND COMPUTER SCIENCES RESEARCH.— 

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

18 out activities to develop, test, and support— 

19 ‘‘(A) mathematics, models, statistics, and 

20 algorithms for modeling complex systems on ad21 vanced computing architectures; and 

22 ‘‘(B) tools, languages, programming envi23 ronments, and operations for high-end com24 puting systems (as defined in section 2 of the 


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1 American Super Computing Leadership Act (15 

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

3 ‘‘(2) PORTFOLIO BALANCE.—The Director shall 

4 maintain a balanced portfolio within the advanced 

5 scientific computing research and development pro6 gram established under section 976 of the Energy 

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

8 robust investment in— 

9 ‘‘(A) applied mathematical, computational, 

10 and computer sciences research needs relevant 

11 to the mission of the Department, including ac12 tivities related to data science, artificial intel13 ligence, scientific machine learning, quantum 

14 information science, and other emerging areas; 

15 and 

16 ‘‘(B) associated high-performance com17 puting hardware and facilities.’’. 

18 (d) QUANTUM SCIENCE NETWORK.— 

19 (1) DEFINITIONS.—Section 2 of the National 

20 Quantum Initiative Act (15 U.S.C. 8801) is amend21 ed— 

22 (A) by redesignating paragraph (7) as 

23 paragraph (8); and 

24 (B) by inserting after paragraph (6) the 

25 following: 


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1 ‘‘(7) QUANTUM NETWORK INFRASTRUCTURE.— 

2 The term ‘quantum network infrastructure’ means 

3 any facility, expertise, or capability that is necessary 

4 to enable the development and deployment of scal5 able and diverse quantum network technologies.’’. 

6 (2) DEPARTMENT OF ENERGY QUANTUM NET7 WORK INFRASTRUCTURE RESEARCH AND DEVELOP8 MENT PROGRAM.—Title IV of the National Quantum 

9 Initiative Act (15 U.S.C. 8851 et seq.) is amended 

10 by adding at the end the following: 

11 ‘‘SEC. 403. DEPARTMENT OF ENERGY QUANTUM NETWORK 

12 INFRASTRUCTURE RESEARCH AND DEVELOP13 MENT PROGRAM. 

14 ‘‘(a) IN GENERAL.—The Secretary of Energy (re15 ferred to in this section as the ‘Secretary’) shall carry out 

16 a research, development, and demonstration program to 

17 accelerate innovation in quantum network infrastructure 

18 in order to— 

19 ‘‘(1) facilitate the advancement of distributed 

20 quantum computing systems through the internet 

21 and intranet; 

22 ‘‘(2) improve the precision of measurements of 

23 scientific phenomena and physical imaging tech24 nologies; and 


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1 ‘‘(3) develop secure national quantum commu2 nications technologies and strategies. 

3 ‘‘(b) PROGRAM.—In carrying out this section, the 

4 Secretary shall— 

5 ‘‘(1) coordinate with— 

6 ‘‘(A) the Director of the National Science 

7 Foundation; 

8 ‘‘(B) the Director of the National Institute 

9 of Standards and Technology; 

10 ‘‘(C) the Chair of the subcommittee on 

11 Quantum Information Science of the National 

12 Science and Technology Council established 

13 under section 103(a); and 

14 ‘‘(D) the Chair of the subcommittee on the 

15 Economic and Security Implications of Quan16 tum Science; 

17 ‘‘(2) conduct cooperative research with indus18 try, National Laboratories, institutions of higher 

19 education, and other research institutions to facili20 tate new quantum infrastructure methods and tech21 nologies, including— 

22 ‘‘(A) quantum-limited detectors, ultra-low 

23 loss optical channels, space-to-ground connec24 tions, and classical networking and cybersecu25 rity protocols; 


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1 ‘‘(B) entanglement and hyper-entangled 

2 state sources and transmission, control, and 

3 measurement of quantum states; 

4 ‘‘(C) quantum interconnects that allow 

5 short range local connections between quantum 

6 processors; 

7 ‘‘(D) transducers for quantum sources and 

8 signals between optical and telecommunications 

9 regimes and quantum computer-relevant do10 mains, including microwaves; 

11 ‘‘(E) development of quantum memory 

12 buffers and small-scale quantum computers 

13 that are compatible with photon-based quantum 

14 bits in the optical or telecommunications wave15 lengths; 

16 ‘‘(F) long-range entanglement distribution 

17 at both the terrestrial and space-based level 

18 using quantum repeaters, allowing entangle19 ment-based protocols between small- and large20 scale quantum processors; 

21 ‘‘(G) quantum routers, multiplexers, re22 peaters, and related technologies necessary to 

23 create secure long-distance quantum commu24 nication; and 


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1 ‘‘(H) integration of systems across the 

2 quantum technology stack into traditional com3 puting networks, including the development of 

4 remote controlled, high performance, and reli5 able implementations of key quantum network 

6 components; 

7 ‘‘(3) engage with the Quantum Economic De8 velopment Consortium (QED–C) to transition com9 ponent technologies to help facilitate as appropriate 

10 the development of a quantum supply chain for 

11 quantum network technologies; 

12 ‘‘(4) advance basic research in advanced sci13 entific computing and material science to enhance 

14 the understanding, prediction, and manipulation of 

15 materials and processes relevant to quantum net16 work infrastructure; 

17 ‘‘(5) develop experimental tools and testbeds 

18 necessary to support cross-cutting fundamental re19 search and development activities with diverse stake20 holders from industry and institutions of higher edu21 cation; and 

22 ‘‘(6) consider quantum network infrastructure 

23 applications that span the Department of Energy’s 

24 missions in energy, environment, and national secu25 rity. 


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1 ‘‘(c) LEVERAGING.—In carrying out this section, the 

2 Secretary shall leverage resources, infrastructure, and ex3 pertise across the Department of Energy and from— 

4 ‘‘(1) the National Institute of Standards and 

5 Technology; 

6 ‘‘(2) the National Science Foundation; 

7 ‘‘(3) the National Aeronautics and Space Ad8 ministration; 

9 ‘‘(4) other relevant Federal agencies; 

10 ‘‘(5) the National Laboratories; 

11 ‘‘(6) industry stakeholders; 

12 ‘‘(7) institutions of higher education; and 

13 ‘‘(8) the National Quantum Information 

14 Science Research Centers. 

15 ‘‘(d) RESEARCH PLAN.—Not later than 180 days 

16 after the date of the enactment of the Securing American 

17 Leadership in Science and Technology Act of 2021, the 

18 Secretary shall submit to the Committee on Science, 

19 Space, and Technology of the House of Representatives 

20 and the Committee on Energy and Natural Resources of 

21 the Senate, a 4-year research plan that identifies and 

22 prioritizes basic research needs relating to quantum net23 work infrastructure. 


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1 ‘‘(e) STANDARD OF REVIEW.—The Secretary shall 

2 review activities carried out under this section to deter3 mine the achievement of technical milestones. 

4 ‘‘(f) FUNDING.—Funds authorized to be appro5 priated for the Department of Energy’s Office of Science, 

6 there shall be made available to the Secretary to carry out 

7 the activities under this section, $100,000,000 for each 

8 of fiscal years 2022 through 2026. 

9 ‘‘SEC. 404. DEPARTMENT OF ENERGY QUANTUM USER EX10 PANSION FOR SCIENCE AND TECHNOLOGY 

11 PROGRAM. 

12 ‘‘(a) IN GENERAL.—Not later than 90 days of the 

13 date of the enactment of the Securing American Leader14 ship in Science and Technology Act, the Secretary of En15 ergy (referred to in this section as the ‘Secretary’) shall, 

16 establish and carry out a program (to be known as the 

17 ‘Quantum User Expansion for Science and Technology 

18 program’ or ‘QUEST program’) to encourage and facili19 tate access to United States quantum computing hardware 

20 and quantum computing clouds for research purposes in 

21 order to— 

22 ‘‘(1) enhance the United States quantum re23 search enterprise; 

24 ‘‘(2) educate the future quantum computing 

25 workforce; and 


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1 ‘‘(3) accelerate the advancement of United 

2 States quantum computing capabilities. 

3 ‘‘(b) PROGRAM.—In carrying out this section, the 

4 Secretary shall— 

5 ‘‘(1) coordinate with— 

6 ‘‘(A) the Director of the National Science 

7 Foundation; 

8 ‘‘(B) the Director of the National Institute 

9 of Standards and Technology; 

10 ‘‘(C) the Chair of the Quantum Informa11 tion Science of the National Science and Tech12 nology Council established under section 

13 103(a); and 

14 ‘‘(D) the Chair of the subcommittee on the 

15 Economic and Security Implications of Quan16 tum Science; 

17 ‘‘(2) provide researchers based within the 

18 United States with access to, and use of, United 

19 States quantum computing resources through a com20 petitive, merit-reviewed process; 

21 ‘‘(3) consider applications from the National 

22 Laboratories, multi-institutional collaborations, insti23 tutions of higher education, industry stakeholders, 

24 and any other entities that the Secretary determines 


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1 are appropriate to provide national leadership on 

2 quantum computing related issues; and 

3 ‘‘(4) consult and coordinate with private sector 

4 stakeholders, the user community, and interagency 

5 partners on program development and best manage6 ment practices. 

7 ‘‘(c) LEVERAGING.—In carrying out this section, the 

8 Secretary shall leverage resources and expertise across the 

9 Department of Energy and from— 

10 ‘‘(1) the National Institute of Standards and 

11 Technology; 

12 ‘‘(2) the National Science Foundation; 

13 ‘‘(3) the National Aeronautics and Space Ad14 ministration; 

15 ‘‘(4) other relevant Federal agencies; 

16 ‘‘(5) the National Laboratories; 

17 ‘‘(6) industry stakeholders; 

18 ‘‘(7) institutions of higher education; and 

19 ‘‘(8) the National Quantum Information 

20 Science Research Centers. 

21 ‘‘(d) SECURITY.—In carrying out the activities au22 thorized by this section, the Secretary, in consultation 

23 with the Director of the National Science Foundation and 

24 the Director of the National Institute of Standards and 


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1 Technology, shall ensure proper security controls are in 

2 place to protect sensitive information, as appropriate. 

3 ‘‘(e) REPORT.—Not later than 180 days after the 

4 date of the enactment of the Securing American Leader5 ship in Science and Technology Act of 2021, the Secretary 

6 shall submit to the Committee on Science, Space, and 

7 Technology of the House of Representatives and the Com8 mittee on Energy and Natural Resources of the Senate, 

9 a report on the results of the QUEST program activities 

10 and any other information the Secretary determines ap11 propriate. 

12 ‘‘(f) FUNDING.—Funds authorized to be appro13 priated for the Department of Energy’s Office of Science, 

14 there shall be made available to the Secretary to carry out 

15 the activities under this section, 

16 ‘‘(1) $30,000,000 for fiscal year 2022; 

17 ‘‘(2) $50,000,000 for fiscal year 2023; 

18 ‘‘(3) $70,000,000 for fiscal year 2024; 

19 ‘‘(4) $90,000,000 for fiscal year 2025; and 

20 ‘‘(5) $100,000,000 for fiscal year 2026.’’. 

21 SEC. 404. HIGH ENERGY PHYSICS. 

22 (a) IN GENERAL.—Section 305 of the Department of 

23 Energy Research and Innovation Act (42 U.S.C. 18643) 

24 is amended— 


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1 (1) by redesignating subsections (a) through (d) 

2 as subsections (b) through (e); 

3 (2) by inserting before subsection (b), as redes4 ignated by paragraph (1), the following: 

5 ‘‘(a) PROGRAM.—The Director shall carry out a re6 search program on the fundamental constituents of matter 

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

8 support theoretical and experimental research in both ele9 mentary particle physics and fundamental accelerator 

10 science and technology and understand fundamental prop11 erties of the universe.’’; 

12 (3) by amending subsection (c), as redesignated 

13 by paragraph (1), to read as follows: 

14 ‘‘(c) INTERNATIONAL COLLABORATION.—The Direc15 tor shall— 

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

17 other appropriate Federal agencies as necessary, en18 sure the access of United States researchers to the 

19 most advanced accelerator facilities and research ca20 pabilities in the world, including the Large Hadron 

21 Collider; 

22 ‘‘(2) to the maximum extent practicable, con23 tinue to leverage United States participation in the 

24 Large Hadron Collider, and prioritize expanding 

25 international partnerships and investments in the 


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1 Long-Baseline Neutrino Facility/Deep Underground 

2 Neutrino Experiment; and 

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

4 prioritize engagement in collaborative efforts in sup5 port of future international facilities that would pro6 vide access to United States researchers of the most 

7 advanced accelerator facilities in the world.’’; and 

8 (4) by adding at the end the following: 

9 ‘‘(f) LONG-BASELINE NEUTRINO FACILITY FOR

10 DEEP UNDERGROUND NEUTRINO EXPERIMENT.— 

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

12 for a Long-Baseline Neutrino Facility to facilitate 

13 the international Deep Underground Neutrino Ex14 periment to enable a program in neutrino physics to 

15 measure the fundamental properties of neutrinos, ex16 plore physics beyond the Standard Model, and better 

17 clarify the nature of matter and antimatter. 

18 ‘‘(2) FACILITY CAPABILITIES.—The Secretary 

19 shall ensure that the facility described in paragraph 

20 (1) will provide, at a minimum, the following capa21 bilities: 

22 ‘‘(A) A neutrino beam with wideband capa23 bility of 1.2 megawatts (MW) of beam power 

24 and upgradable to 2.4 MW of beam power. 


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1 ‘‘(B) Three caverns excavated for a 70 kil2 oton fiducial detector mass and supporting sur3 face buildings and utilities. 

4 ‘‘(C) Neutrino detector facilities at both 

5 the Far Site in South Dakota and the Near 

6 Site in Illinois to categorize and study neutrinos 

7 on their 800-mile journey between the two sites. 

8 ‘‘(D) Cryogenic systems to support neu9 trino detectors. 

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

11 shall, to the maximum extent practicable, ensure 

12 that the start of full operations of the facility under 

13 this subsection occurs before December 31, 2031. 

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

15 appropriated under section 409 for High Energy 

16 Physics, there shall be made available to the Sec17 retary to carry out activities, including construction 

18 of the facility, under this subsection— 

19 ‘‘(A) $200,000,000 for fiscal year 2022; 

20 ‘‘(B) $325,000,000 for fiscal year 2023; 

21 ‘‘(C) $400,000,000 for fiscal year 2024; 

22 ‘‘(D) $375,000,000 for fiscal year 2025; 

23 ‘‘(E) $250,000,000 for fiscal year 2026; 

24 ‘‘(F) $250,000,000 for fiscal year 2027; 


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1 ‘‘(G) $250,000,000 for fiscal year 2028; 

2 and 

3 ‘‘(H) $208,000,000 for fiscal year 2029. 

4 ‘‘(g) PROTON IMPROVEMENT PLAN–II ACCELERATOR

5 UPGRADE PROJECT.— 

6 ‘‘(1) IN GENERAL.—The Secretary of Energy 

7 shall provide for the Proton Improvement Plan II 

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

9 complex identified in the 2014 Particle Physics 

10 Project Prioritization Panel (P5) report titled 

11 ‘Building for Discovery’, to provide the world’s most 

12 intense beam of neutrinos to the international 

13 LBNF/DUNE experiment as well as a broad range 

14 of future high energy physics experiments. The Sec15 retary of Energy shall work with international part16 ners to provide key contributions. 

17 ‘‘(2) FACILITY CAPABILITIES.—The Secretary 

18 shall ensure that the facility described in paragraph 

19 (1) will provide, at a minimum, the following capa20 bilities: 

21 ‘‘(A) A state-of-the-art 800 megaelectron 

22 volt (MeV) superconducting linear accelerator. 

23 ‘‘(B) Proton beam power of 1.2 MW at the 

24 start of LBNF/DUNE, upgradeable to 2.4 MW 

25 of beam power. 


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1 ‘‘(C) A flexible design to enable high power 

2 beam delivery to multiple users simultaneously 

3 and customized beams tailored to specific sci4 entific needs. 

5 ‘‘(D) Sustained high reliability operation of 

6 the Fermilab accelerator complex. 

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

8 shall, to the maximum extent practicable, ensure 

9 that the start of full operations of the facility under 

10 this section occurs before December 31, 2028. 

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

12 appropriated under section 409 for High Energy 

13 Physics, there shall be made available to the Sec14 retary to carry out activities, including construction 

15 of the facility, under this subsection— 

16 ‘‘(A) $100,000,000 for fiscal year 2022; 

17 ‘‘(B) $120,000,000 for fiscal year 2023; 

18 ‘‘(C) $120,000,000 for fiscal year 2024; 

19 ‘‘(D) $120,000,000 for fiscal year 2025; 

20 ‘‘(E) $115,000,000 for fiscal year 2026; 

21 ‘‘(F) $110,000,000 for fiscal year 2027; 

22 and 

23 ‘‘(G) $56,500,000 for fiscal year 2028; 

24 ‘‘(h) ACCELERATOR AND DETECTOR UPGRADES.— 

25 The Director shall upgrade accelerator facilities and detecVerDate Sep 11 2014 23:02 May 19, 2021 Jkt 019200 PO 00000 Frm 00080 Fmt 6652 Sfmt 6201 E:\BILLS\H2153.IH H2153

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1 tors, as necessary and appropriate, to increase beam 

2 power, sustain high reliability, and improve precision 

3 measurement to advance the highest priority particle phys4 ics research programs. In carrying out facility upgrades, 

5 the Director shall continue to work with international 

6 partners, when appropriate and in the United States inter7 est, to leverage investments and expertise in critical tech8 nologies to maintain leading facilities in the United States. 

9 ‘‘(i) ACCELERATOR AND DETECTOR RESEARCH AND

10 DEVELOPMENT.—The Director shall carry out a program 

11 in accelerator and detector research and development, in 

12 order to develop and deploy next generation technologies 

13 to support discovery science in particle physics. 

14 ‘‘(j) RESEARCH COLLABORATIONS.—In developing 

15 accelerator technologies under the program authorized in 

16 subsection (e), the Director shall— 

17 ‘‘(1) consider the requirements necessary to 

18 support translational research and development for 

19 medical, industrial, security, and defense applica20 tions; and 

21 ‘‘(2) leverage investments in accelerator tech22 nologies and basic research in particle physics by 

23 partnering with institutes of higher education, indus24 try, and other Federal agencies to help commer25 cialize technologies with promising applications. 


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1 ‘‘(k) COSMIC MICROWAVE BACKGROUND STAGE 4.— 

2 ‘‘(1) IN GENERAL.—The Secretary, in coordina3 tion with the Director of the National Science Foun4 dation shall provide for the construction of the Cos5 mic Microwave Background Stage 4 experiment as 

6 described in the 2014 Particle Physics Prioritization 

7 Panel (P5) report titled ‘Building for Discovery: 

8 Strategic Plan for U.S. Particle Physics in the Glob9 al Context.’ The Secretary shall consult with the pri10 vate sector, universities, National Laboratories, and 

11 relevant Federal agencies to ensure that this experi12 ment is capable of meeting Federal research needs 

13 in accessing the ultra-high energy physics of infla14 tion and important neutrino properties. 

15 ‘‘(2) EXPERIMENTAL CAPABILITIES.—The Sec16 retary shall ensure that the facility described in sub17 section (a) will provide at minimum, 500,000 super18 conducting detectors deployed on an array of mm19 wave telescopes with the required range in fre20 quency, sensitivity, and survey speed to enable an 

21 order of magnitude advance in observations of the 

22 Cosmic Microwave Background, delivering trans23 formative discoveries in fundamental physics, cos24 mology, and astrophysics. 


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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 section occurs before December 31, 2030. 

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

6 appropriated under section 409 for High Energy 

7 Physics, there shall be made available to the Sec8 retary to complete construction of the facility, under 

9 this subsection— 

10 ‘‘(A) $37,000,000 for fiscal year 2022; 

11 ‘‘(B) $45,000,000 for fiscal year 2023; 

12 ‘‘(C) $71,000,000 for fiscal year 2024; and 

13 ‘‘(D) $50,000,000 for fiscal year 2025. 

14 ‘‘(l) CRYOMODULE REPAIR AND MAINTENANCE FA15 CILITY.—The Secretary shall provide for the construction 

16 of a cryomodule repair and maintenance facility, including 

17 SRF cryomodules that make up the new superconducting 

18 accelerator being constructed by the LCLS–II and LCLS– 

19 II–HE projects, to service the Linac Coherent Light 

20 Source. The Secretary shall consult with the private sec21 tor, universities, National Laboratories, and relevant Fed22 eral agencies to ensure that this facility has the capability 

23 to maintain, repair, and test superconducting radio24 frequency (SRF) accelerator components.’’. 


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1 SEC. 405. BIOLOGICAL AND ENVIRONMENTAL RESEARCH. 

2 (a) IN GENERAL.—Section 306 of the Department of 

3 Energy Research and Innovation Act (42 U.S.C. 18644) 

4 is amended to read as follows: 

5 ‘‘SEC. 306. BIOLOGICAL AND ENVIRONMENTAL RESEARCH. 

6 ‘‘(a) PROGRAM.—The Director shall carry out a pro7 gram of basic research in the areas of biological systems 

8 science and environmental science relevant to the develop9 ment of new energy technologies and to support Depart10 ment missions in energy, environment, and national secu11 rity. 

12 ‘‘(b) BIOLOGICAL SYSTEMS.—The Director shall 

13 carry out research and development activities in funda14 mental, structural, computational, and systems biology to 

15 increase systems-level understanding of the complex bio16 logical systems, which may include activities— 

17 ‘‘(1) to accelerate breakthroughs and new 

18 knowledge that would enable the cost-effective, sus19 tainable production of— 

20 ‘‘(A) biomass-based liquid transportation 

21 fuels; 

22 ‘‘(B) bioenergy; and 

23 ‘‘(C) biobased materials; 

24 ‘‘(2) to improve understanding of the global 

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1 thesis and other biological processes, for sequestra2 tion and storage; and 

3 ‘‘(3) to understand the biological mechanisms 

4 used to transform, immobilize, or remove contami5 nants from subsurface environments. 

6 ‘‘(c) LIMITATION FOR RESEARCH FUNDS.—The Di7 rector shall not approve new climate science-related initia8 tives without making a determination that such work is 

9 well-coordinated with any relevant work carried out by 

10 other Federal agencies. 

11 ‘‘(d) BIOENERGY RESEARCH CENTERS.— 

12 ‘‘(1) IN GENERAL.—In carrying out activities 

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

14 establish up to four bioenergy research centers to 

15 conduct basic and fundamental research in plant 

16 and microbial systems biology, bio imaging and anal17 ysis, and genomics to inform the production of fuels, 

18 chemicals from sustainable biomass resources, and 

19 to facilitate the translation of basic research results 

20 to industry. 

21 ‘‘(2) SELECTION.—The Director shall select 

22 centers under paragraph (1) on a competitive, merit23 reviewed basis. The Director shall consider applica24 tions from National Laboratories, multi-institutional 

25 collaborations, and other appropriate entities. 


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1 ‘‘(3) DURATION.—A center established under 

2 this subsection shall receive support for a period of 

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

4 appropriations. 

5 ‘‘(4) EXISTING CENTERS.—The Director may 

6 select a center for participation under this sub7 section that is in existence, or undergoing a renewal 

8 process, on the date of enactment of this Act. Such 

9 center shall be eligible to receive support for the du10 ration the 5-year period beginning on the date of es11 tablishment of such center. 

12 ‘‘(5) RENEWAL.—Upon the expiration of any 

13 period of support of a center under this subsection, 

14 the Director may renew support for the center, on 

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

16 5 years. 

17 ‘‘(6) TERMINATION.—Consistent with the exist18 ing authorities of the Department, the Director may 

19 terminate an underperforming center for cause dur20 ing the performance period. 

21 ‘‘(e) LOW-DOSE RADIATION RESEARCH PROGRAM.— 

22 ‘‘(1) IN GENERAL.—The Secretary shall carry 

23 out a research program on low-dose and low dose24 rate radiation to— 


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1 ‘‘(A) enhance the scientific understanding 

2 of, and reduce uncertainties associated with, the 

3 effects of exposure to low-dose and low dose4 rate radiation; and 

5 ‘‘(B) inform improved risk-assessment and 

6 risk-management methods with respect to such 

7 radiation. 

8 ‘‘(2) PROGRAM COMPONENTS.—In carrying out 

9 the program required under paragraph (1), the Sec10 retary shall— 

11 ‘‘(A) support and carry out the directives 

12 under section 106(b) of the American Innova13 tion and Competitiveness Act (42 U.S.C. 6601 

14 note), except that such section shall be treated 

15 for purposes of this subsection as applying to 

16 low dose and low-dose rate radiation research, 

17 in coordination with the Physical Science Sub18 committee of the National Science and Tech19 nology Council; 

20 ‘‘(B) identify and, to the extent possible, 

21 quantify, potential monetary and health-related 

22 impacts to Federal agencies, the general public, 

23 industry, research communities, and other users 

24 of information produced by such research pro25 gram; 


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1 ‘‘(C) leverage the collective body of knowl2 edge from existing low-dose and low dose-rate 

3 radiation research; 

4 ‘‘(D) engage with other Federal agencies, 

5 research communities, and potential users of in6 formation produced under this section, includ7 ing institutions performing or utilizing radiation 

8 research, medical physics, radiology, health 

9 physics, and emergency response measures; and 

10 ‘‘(E) support education and outreach ac11 tivities to disseminate information and promote 

12 public understanding of low-dose radiation, with 

13 a focus on non-emergency situations such as 

14 medical physics, space exploration, and natu15 rally occurring radiation. 

16 ‘‘(3) RESEARCH PLAN.— 

17 ‘‘(A) Not later than 90 days after the date 

18 of enactment of the Energy Act of 2020, the 

19 Secretary shall enter into an agreement with 

20 the National Academy of Sciences to develop a 

21 long-term strategic and prioritized research 

22 agenda for the program described in paragraph 

23 (2); 

24 ‘‘(B) Not later than one year after the 

25 date of enactment of the Energy Act of 2020, 


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1 the Secretary shall transmit this research plan 

2 developed in subparagraph (A) to the Com3 mittee on Science, Space, and Technology of 

4 the House of Representatives and the Com5 mittee on Energy and Natural Resources of the 

6 Senate. 

7 ‘‘(4) GAO STUDY.—Not later than 3 years after 

8 the date of enactment of the Energy Act of 2020, 

9 the Comptroller General shall transmit to the Com10 mittee on Science, Space, and Technology of the 

11 House of Representatives and the Committee on En12 ergy and Natural Resources of the Senate, a report 

13 on: 

14 ‘‘(A) an evaluation of the program activi15 ties carried out under this section; 

16 ‘‘(B) the effectiveness of the coordination 

17 and management of the program; and 

18 ‘‘(C) the implementation of the research 

19 plan outlined in paragraph (3). 

20 ‘‘(5) DEFINITIONS.—In this subsection: 

21 ‘‘(A) LOW-DOSE RADIATION.—The term 

22 ‘low-dose radiation’ means a radiation dose of 

23 less than 100 millisieverts. 


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1 ‘‘(B) LOW DOSE-RATE RADIATION.—The 

2 term ‘low dose-rate radiation’ means a radiation 

3 dose rate of less than 5 millisieverts per hour. 

4 ‘‘(6) RULE OF CONSTRUCTION.—Nothing in 

5 this subsection shall be construed to subject any re6 search carried out by the Secretary for the program 

7 under this subsection to any limitations described in 

8 section 977(e) of the Energy Policy Act of 2005 (42 

9 U.S.C. 16317(e)). 

10 ‘‘(7) FUNDING.—For purposes of carrying out 

11 this subsection, the Secretary is authorized to make 

12 available from funds provided to the Biological and 

13 Environmental Research Program— 

14 ‘‘(A) $20,000,000 for fiscal year 2021; 

15 ‘‘(B) $20,000,000 for fiscal year 2022; 

16 ‘‘(C) $30,000,000 for fiscal year 2023; 

17 ‘‘(D) $40,000,000 for fiscal year 2024. 

18 ‘‘(E) $40,000,000 for fiscal year 2025; 

19 ‘‘(F) $50,000,000 for fiscal year 2026; 

20 ‘‘(G) $50,000,000 for fiscal year 2027; 

21 ‘‘(H) $60,000,000 for fiscal year 2028; 

22 ‘‘(I) $60,000,000 for fiscal year 2029; 

23 ‘‘(J) $70,000,000 for fiscal year 2030; and 

24 ‘‘(K) $70,000,000 for fiscal year 2031. 


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1 ‘‘(f) EARTH AND ENVIRONMENTAL SYSTEMS RE2 SEARCH.— 

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

4 out a program of fundamental research to develop 

5 high-resolution Earth system modeling, analysis, and 

6 intercomparison capabilities, in order to further the 

7 understanding of the biological, biogeochemical, and 

8 physical processes across the multiple scales that 

9 control the flux of environmentally relevant com10 pounds between the terrestrial surface and the at11 mosphere. 

12 ‘‘(2) PRIORITIZATION.—In carrying out the 

13 program authorized under paragraph (1), the Direc14 tor shall prioritize— 

15 ‘‘(A) the development of software and algo16 rithms to enable the productive application of 

17 environmental systems and extreme weather 

18 prediction models in high-performance com19 puting systems; and 

20 ‘‘(B) capabilities that support the Depart21 ment’s mission needs for energy and infrastruc22 ture security, resilience, and reliability. 

23 ‘‘(3) USER FACILITIES.— 

24 ‘‘(A) IN GENERAL.—In carrying out the 

25 activities authorized under paragraph (1), the 


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1 Director shall establish and operate user facili2 ties to advance the collection, validation, and 

3 analysis of atmospheric data, including activi4 ties to advance knowledge and improve model 

5 representations and measure the impact of at6 mospheric gases, aerosols, and clouds on earth 

7 and environmental systems. 

8 ‘‘(B) EXISTING FACILITIES.—To the max9 imum extent practicable, the Director shall uti10 lize existing facilities to carry out this sub11 section. 

12 ‘‘(C) SELECTION.—The Director shall se13 lect user facilities under paragraph (1) on a 

14 competitive, merit-reviewed basis. The Director 

15 shall consider applications from the National 

16 Laboratories, institutes of higher education, 

17 multi-institutional collaborations, and other ap18 propriate entities. 

19 ‘‘(D) TERMINATION.—Consistent with the 

20 existing authorities of the Department, the Di21 rector may terminate an underperforming user 

22 facility for cause during the performance pe23 riod. 


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1 ‘‘(4) COORDINATION.—In carrying out the pro2 gram authorized in paragraph (1), the Director shall 

3 ensure that the Office of Science— 

4 ‘‘(A) consults and coordinates with the Na5 tional Oceanic Atmospheric Administration, the 

6 Environmental Protection Agency, and any 

7 other relevant Federal agency on the collection, 

8 validation, and analysis of atmospheric data; 

9 and 

10 ‘‘(B) coordinates with relevant stake11 holders, including institutes of higher education, 

12 nonprofit research institutions, industry, State, 

13 local, and tribal governments, and other appro14 priate entities to ensure access to the best avail15 able relevant atmospheric and environmental 

16 data, including historical weather data. 

17 ‘‘(g) COASTAL ZONE RESEARCH INITIATIVE.— 

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

19 out a basic research program to enhance the under20 standing of coastal ecosystems. In carrying out this 

21 program, the Director shall prioritize efforts to en22 hance the collection of observational data, and shall 

23 develop models to analyze the ecological, biogeo24 chemical, hydrological and physical processes that 

25 interact in coastal zones. 


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1 ‘‘(2) NATIONAL SYSTEM FOR COASTAL DATA

2 COLLECTION.—The Director shall establish an inte3 grated system of field research sites in order to im4 prove the quantity and quality of observational data, 

5 and that encompass at least three of the major land6 water interfaces of the United States, including— 

7 ‘‘(A) the Great Lakes region; 

8 ‘‘(B) the Pacific coast; 

9 ‘‘(C) the Atlantic coast; 

10 ‘‘(D) the Arctic; and 

11 ‘‘(E) the Gulf coast. 

12 ‘‘(3) EXISTING INFRASTRUCTURE.—In carrying 

13 out the programs and establishing the field research 

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

15 shall leverage existing Department of Energy infra16 structure, including the Department’s existing ma17 rine sciences lab. 

18 ‘‘(4) COORDINATION.—For the purposes of car19 rying out the programs and establishing the field re20 search sites under the Initiative, the Secretary may 

21 enter into agreements with Federal Departments 

22 and agencies with complementary capabilities. 

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

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

25 provide to the Committee on Science, Space, and 


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1 Technology and the Committee on Appropriations of 

2 the House of Representatives and the Committee on 

3 Energy and Natural Resources and the Committee 

4 on Appropriations of the Senate a report examining 

5 whether the system described in this section should 

6 be established as a National User Facility. 

7 ‘‘(h) BIOLOGICAL AND ENVIRONMENTAL RESEARCH

8 USER FACILITIES.— 

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

10 out a program for the development, construction, op11 eration, and maintenance of user facilities to en12 hance the collection and analysis of observational 

13 data related to complex biological, earth, and envi14 ronmental systems. 

15 ‘‘(2) FACILITY REQUIREMENTS.—To the max16 imum extent practicable, the user facilities devel17 oped, constructed, operated, or maintained under 

18 paragraph (1) shall include— 

19 ‘‘(A) distributed field research and obser20 vation platforms for understanding earth sys21 tem processes; 

22 ‘‘(B) instruments and modeling resources 

23 for understanding the physical, chemical, and 

24 cellular processes of biological and environ25 mental systems; 


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1 ‘‘(C) integrated high-throughput sequenc2 ing, DNA design and synthesis, metabolomics 

3 and computational analysis; and 

4 ‘‘(D) such other facilities as the Director 

5 considers appropriate, consistent with section 

6 209 of the Department of Energy Organization 

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

8 ‘‘(3) EXISTING FACILITIES.—In carrying out 

9 the program established in paragraph (1), the Direc10 tor is encouraged to evaluate the capabilities of ex11 isting user facilities and, to the maximum extent 

12 practicable, invest in modernization of those capa13 bilities to address emerging research priorities. 

14 ‘‘(i) LOW-DOSE RADIATION AND SPACE RADIATION

15 RESEARCH PROGRAM.— 

16 ‘‘(1) IN GENERAL.—The Secretary of Energy, 

17 in consultation with the Administrator of the Na18 tional Aeronautics and Space Administration shall 

19 carry out a basic research program on the similar20 ities and differences between the effects of exposure 

21 to low dose radiation on Earth, in low Earth orbit, 

22 and in the space environment. 

23 ‘‘(2) PURPOSE.—The purpose of this program 

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1 scribed in section (e) and to inform the advancement 

2 of new tools, technologies, and advanced materials 

3 needed to facilitate long-duration space exploration. 

4 ‘‘(j) EMERGING TECHNOLOGIES.— 

5 ‘‘(1) IN GENERAL.—The Secretary shall estab6 lish within the Biological and Environmental Re7 search program an initiative focused on the develop8 ment of engineered ecosystems through the applica9 tion of artificial intelligence, novel sensing capabili10 ties, and other emerging technologies. 

11 ‘‘(2) INTERAGENCY COORDINATION.—The Sec12 retary shall coordinate with the Director of the Na13 tional Science Foundation, the Administrator of the 

14 National Oceanic and Atmospheric Administration, 

15 the Director of the U.S. Geological Survey, and 

16 other relevant officials to avoid duplication of re17 search and observational activities and to ensure 

18 that activities carried out under this initiative are 

19 complimentary to those currently being undertaken 

20 by other agencies. 

21 ‘‘(3) REPORT.—Not later than 180 days after 

22 the enactment of this Act, the Secretary shall pro23 vide a report to the Committee on Science, Space, 

24 and Technology of the House, and the Committee on 


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1 Energy and Natural Resources of the Senate, on the 

2 activity mandated in subsection (j). 

3 ‘‘(k) EMERGING INFECTIOUS DISEASE RESEARCH

4 PROGRAM.— 

5 ‘‘(1) IN GENERAL.—The Secretary, in coordina6 tion with the Director of the National Science Foun7 dation and the Administrator of the National Aero8 nautics and Space Administration, shall carry out a 

9 research program to leverage the Federal Govern10 ment’s innovative analytical resources and tools, user 

11 facilities, and advanced computational and net12 working capabilities in order to prevent, prepare for, 

13 and respond to emerging infectious diseases, includ14 ing COVID–19. The Secretary shall carry out this 

15 program through a competitive, merit reviewed proc16 ess, and consider applications from National Labora17 tories, institutions of higher education, multi-institu18 tional collaborations, industry partners and other 

19 appropriate entities. 

20 ‘‘(2) PROGRAM COMPONENTS.—In carrying out 

21 the program established under paragraph (1), the 

22 Secretary shall coordinate with relevant Federal 

23 agencies to determine a comprehensive set of tech24 nical milestones for these research activities and 

25 prioritize the following objectives— 


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1 ‘‘(A) supporting fundamental research and 

2 development in advanced analytics, experi3 mental studies, materials synthesis, high-per4 formance computing technologies needed to 

5 characterize, model, simulate, and predict com6 plex phenomena and biological materials related 

7 to emerging infectious diseases, including 

8 COVID–19 mitigation challenges, including a 

9 focus on bioinformatics, epidemiology, and mo10 lecular modeling; 

11 ‘‘(B) using expertise from the private sec12 tor and institutions of higher education, and 

13 the National Laboratories to develop computa14 tional software and capabilities that prospective 

15 users may accelerate emerging infectious dis16 eases research and development; 

17 ‘‘(C) increasing the utility of the research 

18 infrastructure of the Department, including sci19 entific computing user facilities, x-ray light 

20 sources, neutron scattering facilities, nanoscale 

21 science research centers, and sequencing and 

22 bio-characterization facilities by coordinating 

23 with the Advanced Scientific Computing Re24 search, Basic Energy Sciences, and Biological 


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1 and Environmental Research programs within 

2 the Office of Science; 

3 ‘‘(D) leveraging experience from existing 

4 modeling and simulation research and work 

5 sponsored by the Department and promoting 

6 collaboration and data sharing between Na7 tional Laboratories, research entities, and user 

8 facilities of the Department by providing the 

9 necessary access and secure data transfer capa10 bilities; and 

11 ‘‘(E) ensuring that new experimental and 

12 computational tools are accessible to relevant 

13 research communities, including private sector 

14 entities engaged in technology development to 

15 address emerging infectious diseases, including 

16 COVID–19 challenges. 

17 ‘‘(3) COORDINATION.—In carrying out these 

18 programs, the Secretary shall ensure, to the max19 imum extent practicable, coordination of these activi20 ties with the Department of Energy National Lab21 oratories, institutions of higher education, and the 

22 private sector. 

23 ‘‘(4) EMERGING INFECTIOUS DISEASES HIGH

24 PERFORMANCE COMPUTING RESEARCH CONSOR25 TIUM.— 


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1 ‘‘(A) IN GENERAL.—The Secretary in co2 ordination with the Director of the National 

3 Science Foundation and the Director of the Of4 fice of Science and Technology Policy shall es5 tablish and operate an Emerging Infectious 

6 Diseases High Performance Computing Re7 search Consortium (referred to in this section 

8 as the ‘Consortium’), in order to support the 

9 program under paragraph (1) by providing, to 

10 the extent practicable, a centralized location for 

11 multidisciplinary, collaborative, emerging infec12 tious disease research and development through 

13 high performance computing and advanced data 

14 analytics technologies and processes. 

15 ‘‘(B) MEMBERSHIP.—The members of 

16 such consortium shall be representatives from 

17 relevant Federal agencies, the private sector, in18 stitutions of higher education, which can each 

19 contribute relevant compute time, capabilities, 

20 or other resources. 

21 ‘‘(C) ACTIVITIES.—The Consortium 

22 shall— 

23 ‘‘(i) match applicants with available 

24 Federal and private sector computing re25 sources; 


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1 ‘‘(ii) consider supplemental awards for 

2 computing partnerships with Consortium 

3 members to qualifying entities on a com4 petitive merit-review basis; 

5 ‘‘(iii) encourage collaboration and 

6 communication among member representa7 tives of the consortium and awardees; 

8 ‘‘(iv) make available the high-perform9 ance computing capabilities, expertise, and 

10 user facilities of the Department and the 

11 National Laboratories; and 

12 ‘‘(v) submit an annual report to the 

13 Secretary summarizing the activities of the 

14 Consortium, including— 

15 ‘‘(I) describing each project un16 dertaken by the Consortium; 

17 ‘‘(II) detailing organizational ex18 penditures; and 

19 ‘‘(III) evaluating contribution to 

20 the achievement of technical mile21 stones as determined in paragraph 

22 (1). 

23 ‘‘(D) COORDINATION.—The Secretary shall 

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1 tium with the activities of other research enti2 ties of the Department, institutions of higher 

3 education and the private sector. 

4 ‘‘(5) REPORT.—Not later than 2 years after the 

5 date of enactment of this Act, the Secretary shall 

6 submit to the Committee on Science, Space, and 

7 Technology of the House, and the Committee on En8 ergy and Natural Resources of the Senate, and the 

9 Committee on Commerce, Science, and Transpor10 tation of the Senate a report detailing the effective11 ness of— 

12 ‘‘(A) the interagency coordination between 

13 each Federal agency involved in the research 

14 program carried out under this section; 

15 ‘‘(B) the collaborative research achieve16 ments of the program, including the achieve17 ment of the technical milestones determined 

18 under paragraph (1); and 

19 ‘‘(C) potential opportunities to expand the 

20 technical capabilities of the Department. 

21 ‘‘(6) PROHIBITION.—No funds allocated to the 

22 program described in paragraph (1) may be obli23 gated or expended for commercial application of 

24 technology. 


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1 ‘‘(7) FUNDING.—From within funds authorized 

2 to be appropriated for the Department’s Office of 

3 Science, there shall be made available to the Sec4 retary to carry out the activities under this sub5 section, $50,000,000 for fiscal years 2022 and 

6 2023.’’. 

7 SEC. 406. FUSION ENERGY. 

8 (a) IN GENERAL.—Section 307 of the Department of 

9 Energy Research and Innovation Act (42 U.S.C. 18645) 

10 is amended by adding at the end the following: 

11 ‘‘(p) HIGH-PERFORMANCE COMPUTATION COLLABO12 RATIVE RESEARCH PROGRAM.— 

13 ‘‘(1) IN GENERAL.—The Secretary shall carry 

14 out a program to conduct and support collaborative 

15 research, development, and demonstration of fusion 

16 energy technologies, through high-performance com17 putation modeling and simulation techniques, in 

18 order to— 

19 ‘‘(A) support basic science research in 

20 plasmas and matter at very high temperatures 

21 and densities; 

22 ‘‘(B) inform the development of a broad 

23 range of fusion energy systems; and 


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1 ‘‘(C) facilitate the translation of basic re2 search results in fusion energy science to indus3 try. 

4 ‘‘(2) COORDINATION.—In carrying out the pro5 gram under paragraph (1), the Secretary shall co6 ordinate with relevant Federal agencies, and 

7 prioritize the following objectives: 

8 ‘‘(A) Using expertise from the private sec9 tor, institutions of higher education, and the 

10 National Laboratories to develop computational 

11 software and capabilities that prospective users 

12 may use to accelerate research and development 

13 of fusion energy systems. 

14 ‘‘(B) Developing computational tools to 

15 simulate and predict fusion energy science phe16 nomena that may be validated through physical 

17 experimentation. 

18 ‘‘(C) Increasing the utility of the research 

19 infrastructure of the Department by coordi20 nating with the Advanced Scientific Computing 

21 Research program within the Office of Science. 

22 ‘‘(D) Leveraging experience from existing 

23 modeling and simulation entities sponsored by 

24 the Department. 


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1 ‘‘(E) Ensuring that new experimental and 

2 computational tools are accessible to relevant 

3 research communities, including private sector 

4 entities engaged in fusion energy technology de5 velopment. 

6 ‘‘(3) DUPLICATION.—The Secretary shall en7 sure the coordination of, and avoid unnecessary du8 plication of, the activities of this program with the 

9 activities of— 

10 ‘‘(A) other research entities of the Depart11 ment, including the National Laboratories, the 

12 Advanced Research Projects Agency–Energy, 

13 the Advanced Scientific Computing Research 

14 program; and 

15 ‘‘(B) industry. 

16 ‘‘(4) HIGH-PERFORMANCE COMPUTING FOR FU17 SION INNOVATION HUB.—In carrying out the pro18 gram under paragraph (1), the Secretary shall es19 tablish and operate a national High-Performance 

20 Computing for Fusion Innovation Hub (referred to 

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

22 the early stage research and development activities 

23 described under paragraph (1). 

24 ‘‘(5) SELECTION.—The Secretary shall select 

25 the Hub under this subsection on a competitive, 


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1 merit-reviewed basis. The Secretary shall consider 

2 applications from National Laboratories, institutions 

3 of higher education, multi-institutional collabora4 tions, and other appropriate entities. 

5 ‘‘(6) DURATION.—The Hub established under 

6 this subsection shall receive support for a period of 

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

8 appropriations. 

9 ‘‘(7) RENEWAL.—Upon the expiration of any 

10 period of support of the Hub, the Secretary may 

11 renew support for the Hub, on a merit-reviewed 

12 basis, for a period of not more than 5 years. 

13 ‘‘(8) TERMINATION.—Consistent with the exist14 ing authorities of the Department, the Secretary 

15 may terminate the Hub for cause during the per16 formance period. 

17 ‘‘(q) BRIGHTEST LIGHT RESEARCH INITIATIVE.— 

18 ‘‘(1) IN GENERAL.—The Secretary shall estab19 lish a high intensity laser research initiative con20 sistent with the recommendations of the National 

21 Academies report, ‘Opportunities in Intense 

22 Ultrafast Lasers: Reaching for the Brightest Light’, 

23 and the Brightest Light Initiative workshop report, 

24 ‘The Future of Intense Ultrafast Lasers in the 

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1 velopment of multi petawatt-scale laser technologies 

2 necessary for discovery science and to advance en3 ergy technologies and investments in future facili4 ties, including an open-access laser user facility in 

5 the U.S. with multiple beamlines and short-pulse 

6 and high-peak-power lasers with very high-average 

7 power. This initiative should also provide support for 

8 a user network of academic and national laboratory 

9 high intensity laser facilities. The Director shall also 

10 leverage new laser technologies for more compact, 

11 less complex, and low-cost accelerator systems need12 ed for science applications. 

13 ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.— 

14 Out of funds authorized to be appropriated under 

15 subsection (o), there are authorized to be appro16 priated to the Secretary to carry out the activities 

17 described in this subsection— 

18 ‘‘(A) $50,000,000 for fiscal year 2022; 

19 ‘‘(B) $100,000,000 for fiscal year 2023; 

20 ‘‘(C) $150,000,000 for fiscal year 2024; 

21 ‘‘(D) $200,000,000 for fiscal year 2025; 

22 and 

23 ‘‘(E) $250,000,000 for fiscal year 2026. 

24 ‘‘(r) MATERIAL PLASMA EXPOSURE EXPERIMENT.— 


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1 ‘‘(1) IN GENERAL.—The Secretary shall con2 struct a Material Plasma Exposure Experiment fa3 cility as described in the 2020 publication approved 

4 by the Fusion Energy Sciences Advisory Committee 

5 titled ‘Powering the Future: Fusion and Plasmas’. 

6 The Secretary shall consult with the private sector, 

7 universities, National Laboratories, and relevant 

8 Federal agencies to ensure that this facility is capa9 ble of meeting Federal research needs for steady10 state, high-heat-flux and plasma-material interaction 

11 testing of fusion materials over a range of fusion en12 ergy relevant parameters. 

13 ‘‘(2) FACILITY CAPABILITIES.—The Secretary 

14 shall ensure that the facility described in subsection 

15 (a) will provide the following capabilities: 

16 ‘‘(A) A magnetic field at the target of 1 

17 Tesla. 

18 ‘‘(B) An energy flux at the target of 10 

19 MW/m2. 

20 ‘‘(C) The ability to expose previously irra21 diated plasma facing material samples to plas22 ma. 

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 409 for Fusion Energy 

5 Sciences, there are funds authorized to be appro6 priated to the Secretary for the Office of Fusion En7 ergy Science to carry out to completion the construc8 tion of the facility under this section: 

9 ‘‘(A) $32,800,000 for fiscal year 2022; 

10 ‘‘(B) $13,400,000 for fiscal year 2023; 

11 ‘‘(C) $12,600,000 for fiscal year 2024; and 

12 ‘‘(D) $400,000 for fiscal year 2025. 

13 ‘‘(s) MATTER IN EXTREME CONDITIONS INSTRU14 MENT UPGRADE.— 

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

16 for the upgrade to the Matter in Extreme Conditions 

17 endstation at the Linac Coherent Light Source as 

18 described in the 2020 publication approved by the 

19 Fusion Energy Sciences Advisory Committee titled 

20 ‘Powering the Future: Fusion and Plasmas’. The 

21 Secretary shall consult with the private sector, uni22 versities, National Laboratories, and relevant Fed23 eral agencies to ensure that this facility is capable 

24 of meeting Federal research needs for understanding 

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1 mental timescales, and explore new regimes of dense 

2 material physics, astrophysics, planetary physics, 

3 and short-pulse laser-plasma interactions. 

4 ‘‘(2) START OF OPERATIONS.—The Secretary 

5 shall, to the maximum extent practicable, ensure 

6 that the start of full operations of the facility under 

7 this section occurs before December 31, 2028.’’. 

8 (b) INTERNATIONAL THERMONUCLEAR EXPERI9 MENTAL REACTOR CONSTRUCTION.—Section 972(c) of 

10 the Energy Policy Act of 2005 (42 U.S.C. 16312) is 

11 amended by adding at the end the following: 

12 ‘‘(C) $281,000,000 for fiscal year 2026; 

13 ‘‘(D) $281,000,000 for fiscal year 2027; 

14 ‘‘(E) $281,000,000 for fiscal year 2028; 

15 ‘‘(F) $281,000,000 for fiscal year 2029; 

16 ‘‘(G) $281,000,000 for fiscal year 2030; 

17 and 

18 ‘‘(H) $281,000,000 for fiscal year 2031.’’. 

19 SEC. 407. NUCLEAR PHYSICS. 

20 Section 308 of the Department of Energy Research 

21 and Innovation Act (42 U.S.C. 18646) is amended by in22 serting at the end the following: 

23 ‘‘(c) FACILITY FOR RARE ISOTOPE BEAMS INSTRU24 MENTATION.—The Secretary shall provide for the con25 struction of a high rigidity spectrometer and a gammaVerDate Sep 11 2014 23:02 May 19, 2021 Jkt 019200 PO 00000 Frm 00111 Fmt 6652 Sfmt 6201 E:\BILLS\H2153.IH H2153

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1 ray energy tracking array for use at the Facility for Rare 

2 Isotope Beams to maximize the capabilities of this facility 

3 and advance the understanding of rare nuclear isotopes 

4 and the evolution of the cosmos. 

5 ‘‘(d) ELECTRON-ION COLLIDER.— 

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

7 for an Electron Ion Collider as described in the 

8 2015 Nuclear Science Advisory Committee’s Long 

9 Range Plan and endorsed by the report from the 

10 National Academies of Science, Engineering, and 

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

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

13 the internal structure of the proton and the nucleus 

14 and answer fundamental questions about the nature 

15 of visible matter. 

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

17 shall ensure that the facility meets the requirements 

18 in the 2015 Long Range Plan, including— 

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

20 of electrons and light ions; 

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

22 heaviest nuclei; 

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

24 20 to 140 GeV; high luminosity of 1033–1034 

25 cm–2s–1; and 


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

2 interaction region. 

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

4 shall, to the maximum extent practicable, ensure 

5 that the start of full operations of the facility under 

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

7 SEC. 408. SCIENCE LABORATORIES INFRASTRUCTURE PRO8 GRAM. 

9 Section 309 of the Department of Energy Research 

10 and Innovation Act (42 U.S.C. 18647) is amended by add11 ing at the end the following: 

12 ‘‘(c) USE OF AVAILABLE APPROACHES AND MECHA13 NISMS.—In carrying out this section, the Director shall 

14 utilize all available approaches and mechanisms, including 

15 capital line items, minor construction projects, energy sav16 ings performance contracts, utility energy service con17 tracts, alternative financing, and expense funding, as ap18 propriate. 

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

20 The Director shall establish a mid-scale instrumentation 

21 program to enable the development and acquisition of 

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

23 accelerate scientific breakthroughs at national laboratory 

24 user facilities.’’. 


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1 SEC. 409. AUTHORIZATION OF APPROPRIATIONS. 

2 (a) FISCAL YEAR 2022.—There are authorized to be 

3 appropriated to the Secretary for the Office of Science for 

4 fiscal year 2022 $7,727,950,391, of which— 

5 (1) $2,514,400,000 shall be for Basic Energy 

6 Sciences; 

7 (2) $1,128,976,445 shall be for High Energy 

8 Physics; 

9 (3) $812,733,521 shall be for Biological and 

10 Environmental Research; 

11 (4) $769,560,425 shall be for Nuclear Physics; 

12 (5) $1,136,800,000 shall be for Advanced Sci13 entific Computing Research; 

14 (6) $921,000,000 shall be for Fusion Energy 

15 Sciences; 

16 (7) $264,000,000 shall be for Science Labora17 tories Infrastructure; 

18 (8) $195,840,000 shall be for Science Program 

19 Direction; 

20 (9) $123,420,000 shall be for Safeguards and 

21 Security; and 

22 (10) $29,580,000 shall be for Workforce Devel23 opment for Teachers and Scientists. 

24 (b) FISCAL YEAR 2023.—There are authorized to be 

25 appropriated to the Secretary for the Office of Science for 

26 fiscal year 2023 $8,430,037,582, of which— 


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1 (1) $2,783,800,000 shall be for Basic Energy 

2 Sciences; 

3 (2) $1,211,952,889 shall be for High Energy 

4 Physics; 

5 (3) $872,467,042 shall be for Biological and 

6 Environmental Research; 

7 (4) $826,120,851 shall be for Nuclear Physics; 

8 (5) $1,258,600,000 shall be for Advanced Sci9 entific Computing Research; 

10 (6) $961,000,000 shall be for Fusion Energy 

11 Sciences; 

12 (7) $288,000,000 shall be for Science Labora13 tories Infrastructure; 

14 (8) $199,756,800 shall be for Science Program 

15 Direction; 

16 (9) $125,888,400 shall be for Safeguards and 

17 Security; and 

18 (10) $30,171,600 shall be for Workforce Devel19 opment for Teachers and Scientists. 

20 (c) FISCAL YEAR 2024.—There are authorized to be 

21 appropriated to the Secretary for the Office of Science for 

22 fiscal year 2024 $9,132,264,309, of which— 

23 (1) $3,053,200,000 shall be for Basic Energy 

24 Sciences; 


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1 (2) $1,294,929,334 shall be for High Energy 

2 Physics; 

3 (3) $932,200,562 shall be for Biological and 

4 Environmental Research; 

5 (4) $882,681,276 shall be for Nuclear Physics; 

6 (5) $1,380,400,000 shall be for Advanced Sci7 entific Computing Research; 

8 (6) $921,000,000 shall be for Fusion Energy 

9 Sciences; 

10 (7) $312,000,000 shall be for Science Labora11 tories Infrastructure; 

12 (8) $203,751,936 shall be for Science Program 

13 Direction; 

14 (9) $128,406,168 shall be for Safeguards and 

15 Security; and 

16 (10) $30,775,032 shall be for Workforce Devel17 opment for Teachers and Scientists. 

18 (d) FISCAL YEAR 2025.—There are authorized to be 

19 appropriated to the Secretary for the Office of Science for 

20 fiscal year 2025 $9,834,633,362, of which— 

21 (1) $3,322,600,000 shall be for Basic Energy 

22 Sciences; 

23 (2) $1,377,905,778 shall be for High Energy 

24 Physics; 


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1 (3) $991,934,083 shall be for Biological and 

2 Environmental Research; 

3 (4) $939,241,702 shall be for Nuclear Physics; 

4 (5) $1,502,200,000 shall be for Advanced Sci5 entific Computing Research; 

6 (6) $901,000,000 shall be for Fusion Energy 

7 Sciences; 

8 (7) $336,000,000 shall be for Science Labora9 tories Infrastructure; 

10 (8) $207,826,975 shall be for Science Program 

11 Direction; 

12 (9) $130,974,291 shall be for Safeguards and 

13 Security; and 

14 (10) $31,390,533 shall be for Workforce Devel15 opment for Teachers and Scientists. 

16 (e) FISCAL YEAR 2026.—There are authorized to be 

17 appropriated to the Secretary for the Office of Science for 

18 fiscal year 2026 $10,537,147,589, of which— 

19 (1) $3,592,000,000 shall be for Basic Energy 

20 Sciences; 

21 (2) $1,460,882,223 shall be for High Energy 

22 Physics; 

23 (3) $1,051,667,604 shall be for Biological and 

24 Environmental Research; 

25 (4) $995,802,127 shall be for Nuclear Physics; 


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1 (5) $1,624,000,000 shall be for Advanced Sci2 entific Computing Research; 

3 (6) $1,075,200,000 shall be for Fusion Energy 

4 Sciences; 

5 (7) $360,000,000 shall be for Science Labora6 tories Infrastructure; 

7 (8) $211,983,514 shall be for Science Program 

8 Direction; 

9 (9) $133,593,777 shall be for Safeguards and 

10 Security; and 

11 (10) $32,018,343 shall be for Workforce Devel12 opment for Teachers and Scientists. 

13 (f) FISCAL YEAR 2027.—There are authorized to be 

14 appropriated to the Secretary for the Office of Science for 

15 fiscal year 2027 $11,239,809,892, of which— 

16 (1) $3,861,400,000 shall be for Basic Energy 

17 Sciences; 

18 (2) $1,543,858,668 shall be for High Energy 

19 Physics; 

20 (3) $1,111,401,125 shall be for Biological and 

21 Environmental Research; 

22 (4) $1,052,362,553 shall be for Nuclear Phys23 ics; 

24 (5) $1,745,800,000 shall be for Advanced Sci25 entific Computing Research; 


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1 (6) $1,155,840,000 shall be for Fusion Energy 

2 Sciences; 

3 (7) $384,000,000 shall be for Science Labora4 tories Infrastructure; 

5 (8) $216,223,184 shall be for Science Program 

6 Direction; 

7 (9) $136,265,653 shall be for Safeguards and 

8 Security; and 

9 (10) $32,658,710 shall be for Workforce Devel10 opment for Teachers and Scientists. 

11 (g) FISCAL YEAR 2028.—There are authorized to be 

12 appropriated to the Secretary for the Office of Science for 

13 fiscal year 2028 $11,942,623,234, of which— 

14 (1) $4,130,800,000 shall be for Basic Energy 

15 Sciences; 

16 (2) $1,626,835,112 shall be for High Energy 

17 Physics; 

18 (3) $1,171,134,646 shall be for Biological and 

19 Environmental Research; 

20 (4) $1,108,922,978 shall be for Nuclear Phys21 ics; 

22 (5) $1,867,600,000 shall be for Advanced Sci23 entific Computing Research; 

24 (6) $1,236,480,000 shall be for Fusion Energy 

25 Sciences; 


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1 (7) $408,000,000 shall be for Science Labora2 tories Infrastructure; 

3 (8) $220,547,648 shall be for Science Program 

4 Direction; 

5 (9) $138,990,966 shall be for Safeguards and 

6 Security; and 

7 (10) $33,311,884 shall be for Workforce Devel8 opment for Teachers and Scientists. 

9 (h) FISCAL YEAR 2029.—There are authorized to be 

10 appropriated to the Secretary for the Office of Science for 

11 fiscal year 2029 $12,645,590,635, of which— 

12 (1) $4,400,200,000 shall be for Basic Energy 

13 Sciences; 

14 (2) $1,709,811,557 shall be for High Energy 

15 Physics; 

16 (3) $1,230,868,167 shall be for Biological and 

17 Environmental Research; 

18 (4) $1,165,483,403 shall be for Nuclear Phys19 ics; 

20 (5) $1,989,400,000 shall be for Advanced Sci21 entific Computing Research; 

22 (6) $1,317,120,000 shall be for Fusion Energy 

23 Sciences; 

24 (7) $432,000,000 shall be for Science Labora25 tories Infrastructure; 


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1 (8) $224,958,601 shall be for Science Program 

2 Direction; 

3 (9) $141,770,785 shall be for Safeguards and 

4 Security; and 

5 (10) $33,978,122 shall be for Workforce Devel6 opment for Teachers and Scientists. 

7 (i) FISCAL YEAR 2030.—There are authorized to be 

8 appropriated to the Secretary for the Office of Science for 

9 fiscal year 2030 $13,348,715,176, of which— 

10 (1) $4,669,600,000 shall be for Basic Energy 

11 Sciences; 

12 (2) $1,792,788,001 shall be for High Energy 

13 Physics; 

14 (3) $1,290,601,687 shall be for Biological and 

15 Environmental Research; 

16 (4) $1,222,043,829 shall be for Nuclear Phys17 ics; 

18 (5) $2,111,200,000 shall be for Advanced Sci19 entific Computing Research; 

20 (6) $1,397,760,000 shall be for Fusion Energy 

21 Sciences; 

22 (7) $456,000,000 shall be for Science Labora23 tories Infrastructure; 

24 (8) $229,457,773 shall be for Science Program 

25 Direction; 


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1 (9) $144,606,201 shall be for Safeguards and 

2 Security; and 

3 (10) $34,657,684 shall be for Workforce Devel4 opment for Teachers and Scientists. 

5 (j) FISCAL YEAR 2031.—There are authorized to be 

6 appropriated to the Secretary for the Office of Science for 

7 fiscal year 2031 $14,052,000,000, of which— 

8 (1) $4,939,000,000 shall be for Basic Energy 

9 Sciences; 

10 (2) $1,875,764,446 shall be for High Energy 

11 Physics; 

12 (3) $1,350,335,208 shall be for Biological and 

13 Environmental Research; 

14 (4) $1,278,604,254 shall be for Nuclear Phys15 ics; 

16 (5) $2,233,000,000 shall be for Advanced Sci17 entific Computing Research; 

18 (6) $1,478,400,000 shall be for Fusion Energy 

19 Sciences; 

20 (7) $480,000,000 shall be for Science Labora21 tories Infrastructure; 

22 (8) $234,046,929 shall be for Science Program 

23 Direction; 

24 (9) $147,498,325 shall be for Safeguards and 

25 Security; and 


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1 (10) $35,350,838 shall be for Workforce Devel2 opment for Teachers and Scientists. 

3 Subtitle B—Advanced Research 

4 Projects Agency–Energy 

5 SEC. 411. ADVANCED RESEARCH PROJECTS AGENCY–EN6 ERGY UPDATE. 

7 Paragraph (2) of section 5012(o) of the America 

8 COMPETES Act (42 U.S.C. 16538(o)) is amended by 

9 adding at the end the following: 

10 ‘‘(F) $800,833,333 for fiscal year 2026; 

11 ‘‘(G) $840,666,667 for fiscal year 2027; 

12 ‘‘(H) $880,500,000 for fiscal year 2028; 

13 ‘‘(I) $920,333,333 for fiscal year 2029; 

14 ‘‘(J) $960,166,667 for fiscal year 2030; 

15 and 

16 ‘‘(K) $1,000,000,000 for fiscal year 

17 2031.’’. 

18 Subtitle C—DOE Clean Energy 

19 Infrastructure 

20 SEC. 421. REGIONAL ENERGY INNOVATION CENTERS. 

21 (a) DEFINITIONS.—In this section: 

22 (1) ADVANCED ENERGY TECHNOLOGY.—The 

23 term ‘‘advanced energy technology’’ means— 

24 (A) an innovative technology— 


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1 (i) that produces energy from solar, 

2 wind, geothermal, biomass, tidal, wave, 

3 ocean, or other renewable energy resources; 

4 (ii) that produces nuclear energy; 

5 (iii) for carbon capture and sequestra6 tion; 

7 (iv) that enables advanced vehicles, 

8 vehicle components, and related tech9 nologies that result in significant energy 

10 savings; 

11 (v) that generates, transmits, distrib12 utes, uses, or stores energy more efficiently 

13 than conventional technologies, including 

14 through Smart Grid technologies; or 

15 (vi) that enhances the energy inde16 pendence and security of the United States 

17 by enabling improved or expanded supply 

18 and production of domestic energy re19 sources, including coal, oil, and natural 

20 gas; 

21 (B) a research, development, demonstra22 tion, or commercial application activity nec23 essary to ensure the long-term, secure, and sus24 tainable supply of an energy critical element; or 


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1 (C) any other innovative energy technology 

2 area identified by the Secretary. 

3 (2) QUALIFYING ENTITY.—The term ‘‘quali4 fying entity’’ means— 

5 (A) an institution of higher education; 

6 (B) an appropriate State or Federal entity, 

7 including a federally funded research and devel8 opment center of the Department; 

9 (C) a nonprofit research institution; 

10 (D) a multi-institutional collaboration; or 

11 (E) any other relevant entity the Secretary 

12 determines appropriate. 

13 (b) AUTHORIZATION OF PROGRAM.— 

14 (1) IN GENERAL.— 

15 (A) The Secretary shall carry out a pro16 gram to enhance the economic, environmental, 

17 and energy security of the United States by es18 tablishing and operating Regional Energy Inno19 vation Centers in diverse regions of the United 

20 States, in order to provide, to the maximum ex21 tent practicable, one centralized location for 

22 multidisciplinary, collaborative research, devel23 opment, and demonstration of advanced energy 

24 technologies most suited to commercial applica25 tion in each region of the United States. 


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1 (B) In establishing the centers authorized 

2 in subparagraph (A), the Secretary shall con3 sider the diverse natural resources available 

4 throughout the United States, and maximize 

5 the opportunities for cooperation between insti6 tutes of higher education, industry, State and 

7 local governments, and nonprofit research insti8 tutions with shared areas of energy expertise. 

9 (2) TECHNOLOGY DEVELOPMENT FOCUS.—The 

10 Secretary shall designate for each center a unique 

11 advanced energy technology or basic research focus. 

12 In establishing focus areas for each center, the Sec13 retary shall consider the energy needs, resources, 

14 and expertise available in each region of the United 

15 States. 

16 (3) COORDINATION.—The Secretary shall en17 sure the coordination of, and avoid unnecessary du18 plication of, the activities of each center with the ac19 tivities of— 

20 (A) other research entities of the Depart21 ment, including the National Laboratories, the 

22 Advanced Research Projects Agency–Energy, 

23 Energy Innovation Hubs, and Energy Frontier 

24 Research Centers; 

25 (B) institutions of higher education; and 


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1 (C) industry. 

2 (c) APPLICATION PROCESS.— 

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

4 award for the establishment and operation of a cen5 ter established under subsection (b)(1)(A), a consor6 tium shall— 

7 (A) be composed of not fewer than two 

8 qualifying entities; 

9 (B) operate subject to a binding agree10 ment, entered into by each member of the con11 sortium, that documents— 

12 (i) the proposed partnership agree13 ment, including the governance and man14 agement structure of the center; 

15 (ii) measures the consortium will un16 dertake to enable cost-effective implemen17 tation of activities under the program de18 scribed in subsection (b)(1); and 

19 (iii) a proposed budget, including fi20 nancial contributions from non-Federal 

21 sources; and 

22 (C) operate as a nonprofit organization. 

23 (2) SELECTION.—The Secretary shall consider 

24 applications from qualifying entities, and select cenVerDate Sep 11 2014 23:02 May 19, 2021 Jkt 019200 PO 00000 Frm 00127 Fmt 6652 Sfmt 6201 E:\BILLS\H2153.IH H2153

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1 ters authorized under subsection (b)(1)(A) on a 

2 competitive, merit-reviewed basis. 

3 (3) DURATION.—A center established under 

4 this section shall receive support for a period of not 

5 more than 5 years, subject to the availability of ap6 propriations. 

7 (4) RENEWAL.—Upon the expiration of any pe8 riod of support of a center under this section, the 

9 Director may renew support for the center, on a 

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

11 5 years. 

12 (5) TERMINATION.—Consistent with the exist13 ing authorities of the Department, the Director may 

14 terminate an underperforming center for cause dur15 ing the performance period. 

16 (d) CENTER OPERATIONS.— 

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

18 provide for multidisciplinary, collaborative research, 

19 development, demonstration of advanced energy 

20 technologies within the technology development focus 

21 designated under subsection (b)(2). 

22 (2) ACTIVITIES.—Each center shall— 

23 (A) encourage collaboration and commu24 nication among the member qualifying entities 

25 of the consortium and awardees; 


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1 (B) develop and make publicly available 

2 proposed plans and programs; and 

3 (C) submit an annual report to the De4 partment summarizing the activities of the cen5 ter, including— 

6 (i) detailing organizational expendi7 tures; and 

8 (ii) describing each project under9 taken by the center. 

10 (3) CONFLICTS OF INTEREST.—Each center 

11 shall maintain conflict of interest procedures, con12 sistent with the conflict of interest procedures of the 

13 Department. 

14 (4) PROHIBITION ON CONSTRUCTION.— 

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

16 subparagraph (B)— 

17 (i) no funds provided under this sec18 tion may be used for construction of new 

19 buildings or facilities for centers; and 

20 (ii) construction of new buildings or 

21 facilities shall not be considered as part of 

22 the non-Federal share of a Hub cost-shar23 ing agreement. 

24 (B) TEST BED AND RENOVATION EXCEP25 TION.—Nothing in this paragraph prohibits the 


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1 use of funds provided under this section or non2 Federal cost share funds for the construction of 

3 a test bed or renovations to existing user facili4 ties if the Secretary determines such facilities 

5 are necessary and applicable to conduct re6 search within the focus areas identified for each 

7 center. 

8 SEC. 422. VERSATILE NEUTRON SOURCE. 

9 Section 955(c) of the Energy Policy Act of 2005 

10 (U.S.C. 16275) is amended— 

11 (1) in paragraph (4), by striking ‘‘2026’’ and 

12 inserting ‘‘2030’’; and 

13 (2) in paragraph (7), by adding at the end the 

14 following: 

15 ‘‘(F) $639,000,000 for fiscal year 2026; 

16 ‘‘(G) $1,005,000,000 for fiscal year 2027; 

17 ‘‘(H) $1,081,000,000 for fiscal year 2028; 

18 ‘‘(I) $910,000,000 for fiscal year 2029; 

19 and 

20 ‘‘(J) $654,000,000 for fiscal year 2030.’’. 

21 SEC. 423. CARBON SEQUESTRATION RESEARCH AND DE22 VELOPMENT PROGRAM. 

23 (a) SENSE OF CONGRESS.—It is the sense of Con24 gress that power produced from fossil fuels is essential for 

25 maintaining the global competitiveness of United States 


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1 manufacturing and industrial processes, and that these 

2 domestic industries are critical to the prosperity and na3 tional security of the United States. 

4 (b) CARBON SEQUESTRATION RESEARCH INITIA5 TIVE.— 

6 (1) IN GENERAL.—The Secretary of Energy, in 

7 coordination with the Secretary of the Interior, shall 

8 establish an initiative focused on the evaluation the 

9 sequestration of carbon dioxide in geologic forma10 tions in order to— 

11 (A) enhance the scientific understanding 

12 of, and reduce uncertainties associated with, the 

13 effects of carbon dioxide stored in geologic for14 mations for long and short term periods; and 

15 (B) inform improved risk-assessment 

16 methods, risk-management practices, and 

17 standards with respect to the storage of carbon 

18 dioxide in geologic formations on large and 

19 small scale. 

20 (2) PROGRAM COMPONENTS.—In carrying out 

21 the initiative under subsection (a), the Secretary of 

22 Energy shall— 

23 (A) identify ongoing scientific challenges 

24 for understanding the long and short term ef25 fects of sequestered carbon dioxide, especially in 


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1 shallow geologic formations and sites not used 

2 for enhanced oil recovery; 

3 (B) develop a long-term strategic and 

4 prioritized basic research agenda to address 

5 such scientific challenges in coordination with 

6 other research efforts; 

7 (C) leverage the collective body of knowl8 edge from existing carbon utilization and se9 questration research, including from the United 

10 States Geological Survey and the national Car11 bon Utilization Research Center; and 

12 (D) engage with other Federal agencies, 

13 research communities, and potential users of in14 formation produced under this section. 

15 (3) COORDINATION.—In carrying out the initia16 tive under subsection (a), the Secretary of Energy 

17 shall ensure coordination with relevant Federal 

18 agencies, including the Department of the Interior, 

19 the Environmental Protection Agency, and the De20 partment of Agriculture, and prioritize the following 

21 objectives: 

22 (A) leveraging experience from existing en23 tities, demonstrations, and research sponsored 

24 by the Department, including Regional Carbon 

25 Sequestration Partnerships; 


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1 (B) increasing the understanding and de2 velopment of permanent soil carbon sequestra3 tion; 

4 (C) providing a coordinated update of car5 bon storage potential across the United States 

6 by integrating data with DOE’s Carbon Storage 

7 Atlas; and 

8 (D) developing computational tools, in co9 ordination with DOE’s Office of Advanced Sci10 entific Computing Research and the National 

11 Risk Assessment Partnership, to assess and 

12 manage potential environmental impacts at geo13 logic carbon dioxide storage sites. 

14 (4) DUPLICATION.—The Secretary shall ensure 

15 the coordination of, and avoid unnecessary duplica16 tion of, the activities of this initiative with the activi17 ties of— 

18 (A) other research entities of the Depart19 ment, including the National Laboratories, the 

20 Advanced Research Projects Agency–Energy; 

21 and 

22 (B) industry. 

23 (5) RESEARCH PLAN.—Not later than 1 year 

24 after the date of enactment of this Act, the Sec25 retary shall transmit to the Committee on Science, 


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1 Space, and Technology of the House of Representa2 tives and the Committee on Energy and Natural Re3 sources of the Senate a 4-year research plan that 

4 identifies and prioritizes basic research needs relat5 ing to carbon sequestration in geologic formations. 

6 SEC. 424. FRONTIER OBSERVATORY FOR RESEARCH IN 

7 GEOTHERMAL ENERGY. 

8 Section 615 (c)(7)(A) of the Energy Independence 

9 and Security Act of 2007 (42 U.S.C. 17194) is amended 

10 by adding at the end the following: 

11 ‘‘(vi) $70,000,000 for fiscal year 

12 2026; 

13 ‘‘(vii) $70,000,000 for fiscal year 

14 2027; 

15 ‘‘(viii) $70,000,000 for fiscal year 

16 2028; 

17 ‘‘(ix) $70,000,000 for fiscal year 

18 2029; 

19 ‘‘(x) $70,000,000 for fiscal year 2030; 

20 and 

21 ‘‘(xi) $70,000,000 for fiscal year 

22 2031.’’. 

23 SEC. 425. ENERGY STORAGE GRAND CHALLENGE. 

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

25 research challenge to be known as the ‘‘Energy Storage 


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1 Grand Challenge’’ (referred to in this section as the ‘‘Chal2 lenge’’) to support and accelerate the research, develop3 ment, and demonstration of advanced energy storage tech4 nologies, in order to— 

5 (1) support basic research in capabilities that 

6 enable temporal flexibility in the conversion of en7 ergy resources to useful energy services; 

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

9 energy storage systems, including batteries, chemical 

10 storage, and thermal storage, with emphasis on in11 novative materials, manufacturing, and recycling; 

12 and 

13 (3) facilitate the translation of basic research 

14 results in energy storage to industry. 

15 (b) LEVERAGING.—In carrying out programs and ac16 tivities under the Challenge, the Secretary shall leverage 

17 expertise and resources and facilitate collaboration be18 tween— 

19 (1) the Office of Electricity; 

20 (2) the Office of Energy Efficiency and Renew21 able Energy; 

22 (3) the Office of Fossil Energy; 

23 (4) the Office of Nuclear Energy; and 


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1 (5) the Basic Energy Sciences Program and 

2 Advanced Scientific Computing Program of the Of3 fice of Science. 

4 The Secretary may organize additional activities under 

5 this subsection through Energy Frontier Research Cen6 ters, Energy Innovation Hubs, or cross-cutting research 

7 programs. 

8 (c) GRID SCALE ENERGY STORAGE USER FACILI9 TIES.—Not later than 180 days after the date of enact10 ment of this Act, the Secretary shall transmit to the Com11 mittee on Science, Space, and Technology of the House 

12 of Representatives and the Committee on Energy and 

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

14 that identifies and prioritizes basic research needs relating 

15 to the development, construction, operation, and mainte16 nance of grid scale energy storage technology demonstra17 tion projects, which shall operate as national user facili18 ties. 

19 SEC. 426. CRITICAL INFRASTRUCTURE RESEARCH AND 

20 CONSTRUCTION. 

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

22 program of fundamental research, development, and early23 stage demonstration of innovative engineered systems and 

24 tools to help ensure the resilience and security of critical 

25 integrated grid infrastructures. 


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

2 under subsection (a), the Secretary shall leverage expertise 

3 and resources and facilitate collaboration and coordination 

4 between— 

5 (1) the Office of Electricity; 

6 (2) the Office of Cybersecurity, Energy Secu7 rity, and Emergency Response; 

8 (3) the Office of Science; 

9 (4) the Department of Defense; and 

10 (5) the Department of Homeland Security. 

11 (c) CRITICAL INFRASTRUCTURE TEST RANGE.—In 

12 carrying out the program under subsection (a), the Sec13 retary shall establish and operate a Critical Infrastructure 

14 Test Range (referred to in this section as the ‘‘Test 

15 Range’’) that allows for scalable physical and cyber per16 formance testing to be conducted on industry-scale infra17 structure systems. This facility shall include a focus on— 

18 (1) cyber security test beds; and 

19 (2) electric grid test beds. 

20 (d) SELECTION.—The Secretary shall select the Test 

21 Range under this section on a competitive, merit-reviewed 

22 basis. The Secretary shall consider applications from Na23 tional Laboratories, institutions of higher education, 

24 multi-institutional collaborations, and other appropriate 

25 entities. 


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1 (e) DURATION.—The Test Range established under 

2 this section shall receive support for a period of not more 

3 than 5 years, subject to the availability of appropriations. 

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

5 support of the Test Range, the Secretary may renew sup6 port for the Test Range, on a merit-reviewed basis, for 

7 a period of not more than 5 years. 

8 (g) TERMINATION.—Consistent with the existing au9 thorities of the Department, the Secretary may terminate 

10 the Test Range for cause during the performance period. 

11 TITLE V—NATIONAL INSTITUTE 

12 OF STANDARDS AND TECH13 NOLOGY 

14 SEC. 501. FINDINGS. 

15 Congress finds the following: 

16 (1) The National Institute of Standards and 

17 Technology (NIST) promotes United States innova18 tion and industrial competitiveness by advancing 

19 measurement science, standards and technology in 

20 ways that enhance economic security and improve 

21 Americans’ quality of life. 

22 (2) NIST’s leadership in a broad range of cut23 ting-edge scientific endeavors including but not lim24 ited to quantum science and engineering, cybersecu25 rity, biologics, artificial intelligence (AI), machine 


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1 learning, additive manufacturing, disaster resilience, 

2 and international standards development is critical 

3 to America’s leadership in the industries of the fu4 ture. 

5 (3) NIST’s role as the Nation’s laboratory for 

6 industry is critical to maintaining the economic and 

7 national security of the United States. 

8 SEC. 502. AUTHORIZATION OF APPROPRIATIONS. 

9 (a) FISCAL YEAR 2022.— 

10 (1) IN GENERAL.—There are authorized to be 

11 appropriated to the Secretary of Commerce 

12 $1,244,800,000 for the National Institute of Stand13 ards and Technology for fiscal year 2022. 

14 (2) SPECIFIC ALLOCATIONS.—Of the amount 

15 authorized by paragraph (1)— 

16 (A) $866,800,000 shall be for scientific 

17 and technical research and services laboratory 

18 activities, of which $9,900,000 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 $20,000,000 for IT infrastructure; and 


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1 (C) $178,000,000 shall be for industrial 

2 technology services activities, of which 

3 $153,000,000 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 278l) and $25,000,000 shall be for the Network 

8 for Manufacturing Innovation Program under 

9 section 34 of the National Institute of Stand10 ards and Technology Act (15 U.S.C. 278s). 

11 (b) FISCAL YEAR 2023.— 

12 (1) IN GENERAL.—There are authorized to be 

13 appropriated to the Secretary of Commerce 

14 $1,326,600,000 for the National Institute of Stand15 ards and Technology for fiscal year 2023. 

16 (2) SPECIFIC ALLOCATIONS.—Of the amount 

17 authorized by paragraph (1)— 

18 (A) $945,600,000 shall be for scientific 

19 and technical research and services laboratory 

20 activities, of which $10,800,000 may be trans21 ferred to the Working Capital Fund; 

22 (B) $200,000,000 shall be for the con23 struction and maintenance of facilities, of which 

24 $120,000,000 shall be for Safety, Capacity, 


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1 Maintenance, and Major Repairs, including 

2 $20,000,000 for IT infrastructure; and 

3 (C) $181,000,000 shall be for industrial 

4 technology services activities, of which 

5 $156,000,000 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 (c) FISCAL YEAR 2024.— 

15 (1) IN GENERAL.—There are authorized to be 

16 appropriated to the Secretary of Commerce 

17 $1,408,400,000 for the National Institute of Stand18 ards and Technology for fiscal year 2024. 

19 (2) SPECIFIC ALLOCATIONS.—Of the amount 

20 authorized by paragraph (1)— 

21 (A) $1,024,000,000 shall be for scientific 

22 and technical research and services laboratory 

23 activities, of which $11,700,000 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) $184,000,000 shall be for industrial 

7 technology services activities, of which 

8 $159,000,000 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 (d) FISCAL YEAR 2025.— 

18 (1) IN GENERAL.—There are authorized to be 

19 appropriated to the Secretary of Commerce 

20 $1,490,200,000 for the National Institute of Stand21 ards and Technology for fiscal year 2025. 

22 (2) SPECIFIC ALLOCATIONS.—Of the amount 

23 authorized by paragraph (1)— 

24 (A) $1,103,200,000 shall be for scientific 

25 and technical research and services laboratory 


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1 activities, of which $12,600,000 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) $187,000,000 shall be for industrial 

9 technology services activities, of which 

10 $162,000,000 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 (e) FISCAL YEAR 2026.— 

20 (1) IN GENERAL.—There are authorized to be 

21 appropriated to the Secretary of Commerce 

22 $1,572,000,000 for the National Institute of Stand23 ards and Technology for fiscal year 2026. 

24 (2) SPECIFIC ALLOCATIONS.—Of the amount 

25 authorized by paragraph (1)— 


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1 (A) $1,182,000,000 shall be for scientific 

2 and technical research and services laboratory 

3 activities, of which $13,500,000 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) $190,000,000 shall be for industrial 

11 technology services activities, of which 

12 $165,000,000 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 (f) FISCAL YEAR 2027.— 

22 (1) IN GENERAL.—There are authorized to be 

23 appropriated to the Secretary of Commerce 

24 $1,653,800,000 for the National Institute of Stand25 ards and Technology for fiscal year 2027. 


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1 (2) SPECIFIC ALLOCATIONS.—Of the amount 

2 authorized by paragraph (1)— 

3 (A) $1,260,800,000 shall be for scientific 

4 and technical research and services laboratory 

5 activities, of which $14,400,000 may be trans6 ferred to the Working Capital Fund; 

7 (B) $200,000,000 shall be for the con8 struction and maintenance of facilities, of which 

9 $120,000,000 shall be for Safety, Capacity, 

10 Maintenance, and Major Repairs, including 

11 $10,000,000 for IT infrastructure; and 

12 (C) $193,000,000 shall be for industrial 

13 technology services activities, of which 

14 $168,000,000 shall be for the Manufacturing 

15 Extension Partnership program under sections 

16 25 and 26 of the National Institute of Stand17 ards and Technology Act (15 U.S.C. 278k and 

18 278I) and $25,000,000 shall be for the Net19 work for Manufacturing Innovation Program 

20 under section 34 of the National Institute of 

21 Standards and Technology Act (15 U.S.C. 

22 278s). 

23 (g) FISCAL YEAR 2028.— 

24 (1) IN GENERAL.—There are authorized to be 

25 appropriated to the Secretary of Commerce 


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1 $1,735,600,000 for the National Institute of Stand2 ards and Technology for fiscal year 2028. 

3 (2) SPECIFIC ALLOCATIONS.—Of the amount 

4 authorized by paragraph (1)— 

5 (A) $1,339,600,000 shall be for scientific 

6 and technical research and services laboratory 

7 activities, of which $15,300,000 may be trans8 ferred to the Working Capital Fund; 

9 (B) $200,000,000 shall be for the con10 struction and maintenance of facilities, of which 

11 $120,000,000 shall be for Safety, Capacity, 

12 Maintenance, and Major Repairs, including 

13 $10,000,000 for IT infrastructure; and 

14 (C) $196,000,000 shall be for industrial 

15 technology services activities, of which 

16 $174,000,000 shall be for the Manufacturing 

17 Extension Partnership program under sections 

18 25 and 26 of the National Institute of Stand19 ards and Technology Act (15 U.S.C. 278k and 

20 278I) and $25,000,000 shall be for the Net21 work for Manufacturing Innovation Program 

22 under section 34 of the National Institute of 

23 Standards and Technology Act (15 U.S.C. 

24 278s). 

25 (h) FISCAL YEAR 2029.— 


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1 (1) IN GENERAL.—There are authorized to be 

2 appropriated to the Secretary of Commerce 

3 $1,817,400,000 for the National Institute of Stand4 ards and Technology for fiscal year 2029. 

5 (2) SPECIFIC ALLOCATIONS.—Of the amount 

6 authorized by paragraph (1)— 

7 (A) $1,418,000,000 shall be for scientific 

8 and technical research and services laboratory 

9 activities, of which $16,200,000 may be trans10 ferred to the Working Capital Fund; 

11 (B) $200,000,000 shall be for the con12 struction and maintenance of facilities, of which 

13 $120,000,000 shall be for Safety, Capacity, 

14 Maintenance, and Major Repairs, including 

15 $10,000,000 for IT infrastructure; and 

16 (C) $199,000,000 shall be for industrial 

17 technology services activities, of which 

18 $174,000,000 shall be for the Manufacturing 

19 Extension Partnership program under sections 

20 25 and 26 of the National Institute of Stand21 ards and Technology Act (15 U.S.C. 278k and 

22 278I) and $25,000,000 shall be for the Net23 work for Manufacturing Innovation Program 

24 under section 34 of the National Institute of 


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1 Standards and Technology Act (15 U.S.C. 

2 278s). 

3 (i) FISCAL YEAR 2030.— 

4 (1) IN GENERAL.—There are authorized to be 

5 appropriated to the Secretary of Commerce 

6 $1,899,200,000 for the National Institute of Stand7 ards and Technology for fiscal year 2030. 

8 (2) SPECIFIC ALLOCATIONS.—Of the amount 

9 authorized by paragraph (1)— 

10 (A) $1,497,200,000 shall be for scientific 

11 and technical research and services laboratory 

12 activities, of which $17,100,000 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 $10,000,000 for IT infrastructure; and 

19 (C) $202,000,000 shall be for industrial 

20 technology services activities, of which 

21 $177,000,000 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 

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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 (j) FISCAL YEAR 2031.— 

6 (1) IN GENERAL.—There are authorized to be 

7 appropriated to the Secretary of Commerce 

8 $1,981,000,000 for the National Institute of Stand9 ards and Technology for fiscal year 2031. 

10 (2) SPECIFIC ALLOCATIONS.—Of the amount 

11 authorized by paragraph (1)— 

12 (A) $1,576,000,000 shall be for scientific 

13 and technical research and services laboratory 

14 activities, of which $18,000,000 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) $205,000,000 shall be for industrial 

22 technology services activities, of which 

23 $180,000,000 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 SEC. 503. NIST FACILITIES MODERNIZATION FUND. 

8 (a) ESTABLISHMENT.—There is established in the 

9 Treasury of the United States a fund to be known as the 

10 ‘‘NIST Facilities Modernization Fund’’ (hereafter in this 

11 section referred to as the ‘‘Fund’’). 

12 (b) USE OF FUNDS.—Amounts in the Fund shall be 

13 available to Secretary, acting through the Director, for 

14 Capital Projects on the National Institute of Standards 

15 and Technology’s campuses for the modernization and 

16 construction of research facilities needed to conduct lead17 ing edge scientific and technical research. 

18 (c) CONTENTS OF FUND.—The Funds shall consist 

19 of the following amounts: 

20 (1) Such amounts as may be appropriated by 

21 law. 

22 (2) Interest earned on the balance of the Fund. 

23 (d) AUTHORIZATION OF FUNDS.—Of the funds au24 thorized to be appropriated in section 302 of this Act for 

25 the construction and maintenance of facilities, 


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1 $80,000,000 for each of the fiscal years 2022 through 

2 2031 shall be provided for the Fund established in sub3 section (a). 

4 (e) CONTINUING AVAILABILITY OF FUNDS.— 

5 Amounts in the Fund are available without regard to fiscal 

6 year limitation. 

7 (f) NOTIFICATION TO COMMITTEES.—Upon making 

8 any obligation or expenditure of any amount in the Fund, 

9 the Secretary, through the Director, shall notify the House 

10 of Representatives Science, Space, and Technology Com11 mittee, the Senate Committee on Commerce, Science, and 

12 Transportation, the Committee on Appropriations of the 

13 House of Representatives and the Committee on Appro14 priations of the Senate of the amount and purpose of the 

15 obligation or expenditure. 

16 (g) NIST FACILITIES MODERNIZATION AND MAIN17 TENANCE PLAN.— 

18 (1) IN GENERAL.—To carry out the program 

19 authorized in subsection (a), the Secretary, acting 

20 through the Director, shall develop and submit to 

21 Congress a 5-year modernization and maintenance 

22 plan for the National Institute of Standards and 

23 Technology’s campuses. 

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1 mitted to Congress within 30 days of enactment of 

2 this Act, and updated on an annual basis. 

3 (3) PLAN ELEMENTS.—The Plan required in 

4 paragraph (1) shall include the following: 

5 (A) A list of Capitol Construction Projects 

6 expected to be undertaken in the next 5 years, 

7 the core capabilities these facilities will provide, 

8 anticipated schedule of construction, and antici9 pated funding requirements. 

10 (B) A list of planned utility infrastructure 

11 projects expected to be undertaken in the next 

12 5 years, anticipated schedule of construction, 

13 and anticipated funding requirements. 

14 (C) A list of planned IT infrastructure 

15 projects expected to be undertaken in the next 

16 5 years, anticipated schedule of construction, 

17 and anticipated funding requirements. 

18 (D) A list of the deferred maintenance, a 

19 list of deferred maintenance projects expected 

20 to be undertaken in the next 5 years, antici21 pated schedule of construction, anticipated 

22 funding requirements, and an evaluation of 

23 progress made in reducing the deferred mainte24 nance backlog. 


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1 SEC. 504. CYBERSECURITY RESEARCH. 

2 (a) RESEARCH.—The Secretary, acting through the 

3 Director, shall expand the fundamental and applied re4 search carried out by the Institute to address key ques5 tions relating the measurement of privacy, security, and 

6 vulnerability of software tools and communications net7 works, including through— 

8 (1) the development of research and engineering 

9 capabilities to provide practical solutions, including 

10 measurement techniques and engineering toolkits, to 

11 solve cybersecurity challenges such as human fac12 tors, identity management, network security, pri13 vacy, and software; 

14 (2) investment in tools to help private and pub15 lic sector organizations, including institutions of 

16 higher education and research organizations, meas17 ure and manage cybersecurity risks and ensure 

18 workforce preparedness for new cybersecurity chal19 lenges; and 

20 (3) investment in programs to prepare the 

21 United States with strong cybersecurity and 

22 encryption technologies to apply to emerging tech23 nologies such as artificial intelligence, the internet of 

24 things, and quantum computing. 

25 (b) ASSISTANCE TO FEDERAL AGENCIES.—The Di26 rector shall enhance and expand the Institute’s guidance 


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1 and assistance to Federal agencies to help agencies effec2 tively implement the Framework for Improving Critical 

3 Infrastructure Cybersecurity, including— 

4 (1) technical guidance on the requirements in 

5 the Executive order; 

6 (2) technical guidance and education and train7 ing of agency staff responsible for cyber security, 

8 consultative services, and other assistance at indi9 vidual Federal agencies; and 

10 (3) technical guidance and education and train11 ing of individual Federal agency Inspectors General 

12 and staff who are responsible for the annual inde13 pendent evaluation they are required to perform of 

14 the information security program and practices of 

15 Federal agencies under section 3555 of title 44, 

16 United States Code. 

17 (c) REPORT.—The Director shall provide the House 

18 Science, Space, and Technology Committee and the Sen19 ate Committee on Commerce, Science, and Transportation 

20 a report, not later than 12 months after the date of the 

21 enactment of this Act, describing how the National Insti22 tute of Standards and Technology carried out the activi23 ties described in subsection (b) in as much detail as pos24 sible, including identification of agencies assisted and the 

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1 ance, and training provided to individual agencies and In2 spectors General. 

3 SEC. 505. INTERNET OF THINGS. 

4 The Secretary, acting through the Director, shall con5 tinue to conduct research with respect to and support the 

6 expanded connectivity, interoperability, and security of 

7 interconnected systems and other aspects of the internet 

8 of things, including through— 

9 (1) the development of new tools and meth10 odologies for cybersecurity of the internet of things; 

11 (2) the development of technologies to address 

12 network congestion and device interference, such as 

13 the development of testing tools for next generation 

14 wireless communications, internet of things proto15 cols, coexistence of wireless communications systems, 

16 and spectrum sharing; 

17 (3) convening experts in the public and private 

18 sectors to develop recommendations for accelerating 

19 the adoption of sound interoperability standards, 

20 guidelines, and best practices for the internet of 

21 things; and 

22 (4) the development and publication of new cy23 bersecurity tools, encryption methods, and best prac24 tices for internet of things security. 


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1 SEC. 506. 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. 507. 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. 508. 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) China’s ‘‘Standardization Reform Plan’’ 

14 and ‘‘Five-Year Plan for Standardization’’ highlight 

15 its high-level goals to establish China as a ‘‘stand16 ards power’’ by 2020, participate in at least half of 

17 all standards drafting and revision efforts in recog18 nized international standards setting organizations, 

19 and to strengthen China’s participation in the gov20 ernance of international standards setting organiza21 tions. 

22 (5) As emerging technologies develop for global 

23 deployment, it is critical that the Unite States and 

24 its allies continue to shape standards that underpin 


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1 the technologies themselves, and the future inter2 national governance of these technologies. 

3 (6) United States position on standardization in 

4 emerging technologies will be critical to United 

5 States economic competitiveness. 

6 (7) NIST is in a unique position to strengthen 

7 United States leadership in standards development, 

8 particularly for emerging technologies, to ensure 

9 continuing United States economic competitiveness 

10 and national security. 

11 (b) SENSE OF CONGRESS.—It is the sense of Con12 gress that— 

13 (1) while United States experts have historically 

14 been leaders in international standards development 

15 activities, there is concern that the United States is 

16 losing its edge; 

17 (2) strengthening the unique United States 

18 public-private partnerships approach to standards 

19 development is critical to United States economic 

20 competitiveness; and 

21 (3) the United States Government should en22 sure cooperation and coordination across Federal 

23 agencies to partner with and support private sector 

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1 logues in regard to standards development for 

2 emerging technologies. 

3 (c) RESEARCH ACTIVITIES AND ENGAGEMENT.—The 

4 Secretary, acting through the Director, shall— 

5 (1) build capacity and training opportunities to 

6 help create a pipeline of talent and leadership in key 

7 standards development positions, including stand8 ards education and training related activities tar9 geted at integrating standards content into under10 graduate and graduate curricula in science, engi11 neering, business, public policy, and law; 

12 (2) partner with private sector entities to sup13 port strategically increased engagement and leader14 ship in the development of international standards 

15 for digital economy technologies, including 

16 partnering with industry to incentivize private sector 

17 partners to develop standards strategies and support 

18 engagement and participation in the relevant stand19 ards activities; and 

20 (3) develop approaches to prioritize standard21 ization for emerging technologies, identify organiza22 tion in which to develop these standards, identify 

23 leadership positions of interest to the United States, 

24 and identify key contributors for technical and lead25 ership expertise in these areas. 


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1 SEC. 509. REVIEW OF THE CENTER FOR NEUTRON RE2 SEARCH. 

3 Not later than 1 year after the date of enactment 

4 of this Act, the Comptroller of the United States shall con5 duct an evaluation of NIST’s Center for Neutron Re6 search, including the following: 

7 (1) An assessment of what progress NIST has 

8 made in planning for the future of the Center for 

9 Neutron Research’s nuclear reactor since the release 

10 of the 2018 National Academies report, and what 

11 steps NIST has taken to implement the Academies 

12 report. 

13 (2) An analysis of the extent to which NIST’s 

14 planning efforts align with leading practices. 

15 (3) An assessment of the extent to which NIST 

16 has worked with the Department of Energy to iden17 tify the scientific community’s long-term needs for 

18 neutron research facilities and discuss the coordina19 tion of future facilities, and how these agencies are 

20 factoring these needs into their decision-making 

21 process. 

22 (4) Recommendations for NIST and the De23 partment of Energy on how best to continue to sup24 port civilian nuclear research reactors. 


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1 SEC. 510. HIRING AND MANAGEMENT. 

2 (a) DIRECT HIRE AUTHORITY.—The Secretary, act3 ing through the Director, may— 

4 (1) appoint, without regard to the provisions of 

5 subchapter I of chapter 33 of title 5, United States 

6 Code (other than sections 3303, 3328, and 3330e of 

7 such chapter), qualified candidates to scientific, en8 gineering, and professional positions for carrying out 

9 research and development functions which require 

10 the services of specially qualified personnel relating 

11 to cybersecurity and quantum information science 

12 and technology and such other areas of national re13 search priorities as the Secretary, acting through the 

14 Director, may determine; and 

15 (2) fix the rate of basic pay of any individual 

16 appointed under paragraph (1), at a rate not in ex17 cess of the basic rate of pay of the Vice President 

18 under section 104 of title 3, United States Code, 

19 without regard to title 5, United States Code. 

20 (b) LIMITATION.—The Director may appoint not 

21 more than 10 individuals under subsection (a). 

22 (c) SUNSET.—The authority under subsection (a) 

23 shall expire on the date that is 10 years after the date 

24 of enactment of this Act. 

25 (d) OTHER TRANSACTION AUTHORITY.—Section 

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1 nology Act (15 U.S.C. 272(b)(4)) is amended to read as 

2 follows: 

3 ‘‘(4) to enter into and perform such contracts, 

4 including cooperative research and development ar5 rangements and grants and cooperative agreements 

6 or other transactions, as may be necessary in the 

7 conduct of its work and on such terms as it may 

8 deem appropriate, in furtherance of the purposes of 

9 this Act;’’. 

10 SEC. 511. NATIONAL INSTITUTE OF STANDARDS AND TECH11 NOLOGY FOUNDATION. 

12 (a) IN GENERAL.—The Secretary of Commerce, act13 ing through the Director, may establish or enter into an 

14 agreement with a nonprofit organization to establish a Na15 tional Institute of Standards and Technology Foundation. 

16 The Foundation shall not be an agency or instrumentality 

17 of the United States Government. 

18 (b) PURPOSE.—The purpose of the Foundation shall 

19 be to support the National Institute of Standards and 

20 Technology in its mission. 

21 (c) ACTIVITIES.—Activities of the Foundation may 

22 include the solicitation and acceptance of funds— 

23 (1) to support international metrology and 

24 standards engagement activities; 


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1 (2) to conduct education and outreach activi2 ties; and 

3 (3) to offer direct support to NIST associates, 

4 including through activities such as the provision of 

5 fellowships, grants, and occupational safety and 

6 awareness training. 

7 (d) TRANSFER OF FUNDS.—The Director may au8 thorize, under the agreement under subsection (a), the 

9 transfer of funds from the National Institute of Standards 

10 and Technology to the nonprofit organization to offset any 

11 administrative costs of the Foundation. 

12 (e) LIABILITY.—The United States shall not be liable 

13 for any debts, defaults, acts, or omissions of the Founda14 tion. The full faith and credit of the United States shall 

15 not extend to any obligations of the Foundation. 

16 SEC. 512. MEP OUTREACH. 

17 Section 25 of the National Institute of Standards and 

18 Technology Act (15 U.S.C. 278k) is amended— 

19 (1) in subsection (c)— 

20 (A) in paragraph (6), by striking ‘‘commu21 nity colleges and area career and technical edu22 cation schools’’ and inserting the following: 

23 ‘‘secondary schools (as defined in section 8101 

24 of the Elementary and Secondary Education 

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1 leges, and area career and technical education 

2 schools, including those in underserved and 

3 rural communities,’’; and 

4 (B) in paragraph (7)— 

5 (i) by striking ‘‘and local colleges’’ 

6 and inserting the following: ‘‘local high 

7 schools and local colleges, including those 

8 in underserved and rural communities,’’; 

9 and 

10 (ii) by inserting ‘‘or other applied 

11 learning opportunities’’ after ‘‘apprentice12 ships’’; and 

13 (2) in subsection (d)(3), by striking ‘‘, commu14 nity colleges, and area career and technical edu15 cation schools,’’ and inserting the following: ‘‘and 

16 local high schools, community colleges, and area ca17 reer and technical education schools, including those 

18 in underserved and rural communities,’’. 

19 SEC. 513. DEFINITIONS. 

20 In this title: 

21 (1) DIRECTOR.—The term ‘‘Director’’ means 

22 the Director of the National Institute of Standards 

23 and Technology. 

24 (2) FRAMEWORK.—The term ‘‘Framework’’ 

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1 structure Cybersecurity developed by the National 

2 Institute of Standards and Technology and referred 

3 to in Executive Order 13800 issued on May 11, 

4 2017 (82 Fed. Reg. 22391 et seq.). 

5 (3) INSTITUTE.—The term ‘‘Institute’’ means 

6 the National Institute of Standards and Technology. 

7 (4) INSTITUTION OF HIGHER EDUCATION.—The 

8 term ‘‘institution of higher education’’ has the 

9 meaning given such term in section 101 of the High10 er Education Act of 1965 (20 U.S.C. 1001). 

11 (5) NIST ASSOCIATE.—The term ‘‘NIST asso12 ciate’’ means any guest researcher, research asso13 ciate, facility user, or volunteer who conducts re14 search at a National Institute of Standards and 

15 Technology facility, but is not an employee of the 

16 National Institute of Standards and Technology or 

17 of another Federal department or agency. 

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

19 the Secretary of Commerce. 


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1 TITLE VI—NATIONAL OCEANIC 

2 AND ATMOSPHERIC ADMINIS3 TRATION 

4 SEC. 601. ESTABLISHMENT OF A TECHNOLOGY TRANSFER 

5 OFFICE. 

6 (a) TECHNOLOGY TRANSFER OFFICE.—The Under 

7 Secretary shall establish a technology transfer office at the 

8 corporate agency level. 

9 (b) TECHNOLOGY TRANSFER COORDINATOR.—The 

10 Under Secretary shall appoint a Technology Transfer Co11 ordinator to be the principal advisor to the Under Sec12 retary on all matters relating to technology transfer and 

13 commercialization and will serve as director of the tech14 nology transfer office. 

15 (c) QUALIFICATIONS.—The Coordinator shall be an 

16 individual who, by reason of professional background and 

17 experience, is specially qualified to advise the Under Sec18 retary on matters pertaining to technology transfer at the 

19 Agency. 

20 (d) DUTIES OF THE COORDINATOR.—The Coordi21 nator shall oversee— 

22 (1) the expenditure of funds allocated for tech23 nology transfer within the Agency; 


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1 (2) efforts to improve research to operations 

2 within the Office of Oceanic and Atmospheric Re3 search and other Agency line offices; 

4 (3) efforts to engage private sector entities, in5 cluding venture capital companies; 

6 (4) efforts to engage State and local govern7 ments; 

8 (5) coordinate efforts across the Agency; and 

9 (6) facilitate knowledge transfer from the Agen10 cy on Federal standards to commercial, State, and 

11 local governments. 

12 (e) TECHNOLOGY TRANSFER RESPONSIBILITY.— 

13 Nothing in this section affects the technology transfer re14 sponsibilities of Federal employees under the Stevenson15 Wydler Technology Innovation Act of 1980 (15 U.S.C. 

16 3701 et seq.). 

17 (f) PLANNING AND REPORTING.— 

18 (1) IN GENERAL.—Not later than 180 days 

19 after the date of enactment of this Act, the Under 

20 Secretary shall submit to Congress a technology 

21 transfer execution plan. 

22 (2) UPDATES.—Each year after the submission 

23 of the plan under paragraph (1), the Under Sec24 retary shall submit to Congress an updated execu25 tion plan and reports that describe progress toward 


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1 meeting goals set forth in the execution plan and the 

2 funds expended under subsection (e). 

3 SEC. 602. TECHNOLOGY TRANSFER AND TRANSITIONS AS4 SESSMENT. 

5 Not later than 1 year after the date of enactment 

6 of this Act, and annually thereafter, the Under Secretary 

7 shall transmit to the Committee on Science, Space, and 

8 Technology of the House of Representatives and the Com9 mittee on Commerce, Science, and Transportation of the 

10 Senate a report which shall include— 

11 (1) report on the Agency’s research to oper12 ations activities during the previous fiscal year; and 

13 (2) recommended agency policy changes to in14 crease research to operations activities in the coming 

15 fiscal year. 

16 SEC. 603. NATIONAL MESONET PROGRAM. 

17 (a) FINDINGS.—Congress finds that— 

18 (1) since the initial establishment of a private19 public partnership demonstration program, the Na20 tional Mesonet Program has leveraged data collected 

21 by existing weather station networks to— 

22 (A) provide accurate, real-time observation 

23 for weather forecasters and emergency response 

24 personnel in metropolitan areas across the 

25 United States; 


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1 (B) address persistent impediments, identi2 fied in a National Academy of Sciences Report 

3 released in 2009, to fulfill the need for broader 

4 and denser weather observation networks to im5 prove severe weather lead-times; 

6 (C) achieve major improvements for the 

7 National Oceanic and Atmospheric Administra8 tion and the broader American Weather Enter9 prise, despite some significant development 

10 issues and cost overruns, according to a Na11 tional Academy of Sciences Report released in 

12 2011; 

13 (D) increase the amount of non-Federal 

14 weather data available to government by orders 

15 of magnitude; and 

16 (E) improve understanding of the impact, 

17 the size and duration of mesoscale weather 

18 events; and 

19 (2) the National Mesonet Program is a critical 

20 component of agency operations and provides reli21 able, real-time prediction and observation capabili22 ties for the physical environment that enhances re23 sponse and prevention strategies to severe weather 

24 events. 


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1 (b) PROGRAM.—The National Weather Service shall 

2 carry out the National Mesonet Program under law to im3 prove understanding of and forecast capabilities for at4 mospheric events, placing priority on leveraging available 

5 commercial and other non-Federal weather data to en6 hance coordination across the private, public, and aca7 demic sectors of the American weather enterprise. 

8 (c) PROGRAM ELEMENTS.—The program described 

9 in subsection (b) shall focus on the following activities: 

10 (1) Improving the National Oceanic and Atmos11 pheric Administration and the National Weather 

12 Service’s ability to provide the baseline forecasts and 

13 warnings that protect the Nation’s citizens, busi14 nesses, military, and government agencies and en15 able them to operate and perform in safe, efficient, 

16 and orderly manners. 

17 (2) Yielding significant amounts of boundary18 layer data to result in dramatic improvements in nu19 merical weather prediction performance. 

20 (3) Providing the critical technical and adminis21 trative infrastructure needed to facilitate rapid inte22 gration of new and emerging surface, boundary 

23 layer, and space-based networks anticipated in com24 ing years. 


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1 (4) Utilizing and integrating existing National 

2 Oceanic and Atmospheric Administration data, in3 cluding, but not limited to, National Ocean Service 

4 water level stations into existing forecasts. 

5 (5) Leveraging existing networks of environ6 mental monitoring stations to dramatically increase 

7 the quantity and density of weather observations 

8 available to the National Weather Service at a highly 

9 cost-effective price. 

10 (6) Supporting the National Weather Service in 

11 reaching its target of a 30-minute warning time for 

12 severe weather through better predictive algorithms 

13 driven by increasingly effective observations. 

14 (d) AUTHORIZATION OF APPROPRIATIONS.—Of 

15 amounts otherwise made available to the National Weath16 er Service, there are authorized to carry out this section 

17 $25,000,000 for fiscal year 2022, $26,000,000 for fiscal 

18 year 2023, $27,000,000 for fiscal year 2024, $28,000,000 

19 for fiscal year 2025, $29,000,000 for fiscal year 2026, and 

20 $30,000,000 for fiscal year 2027. 

21 SEC. 604. SEVERE WEATHER EXTRAMURAL TESTBEDS. 

22 (a) FINDINGS.—Congress finds the following: 

23 (1) The Weather Research and Forecasting In24 novation Act of 2017 instructs NOAA to prioritize 

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1 casting and warnings for the protection of life and 

2 property and for the enhancement of the national 

3 economy. 

4 (2) The Weather Research and Forecasting In5 novation Act of 2017 has also mandated that the 

6 NOAA Office of Oceanic and Atmospheric Research 

7 prioritize involving extramural partners to leverage 

8 existing public and private resources to expand and 

9 improve weather forecasting and modeling as quickly 

10 and efficiently as possible. 

11 (3) There is a need for additional weather re12 search and forecasting innovation given the increas13 ing number of severe weather events and their in14 creasing effect on public health, safety, and national 

15 and regional economic well-being. 

16 (b) PROGRAM.—Not later than 180 days after the en17 actment of this Act, the Assistant Administrator for the 

18 Office of Oceanic and Atmospheric Research shall estab19 lish a program to create one or more weather research 

20 testbeds, hosted by extramural university based partners, 

21 to develop improved understanding of and forecast capa22 bilities for atmospheric events and their impacts. Re23 sources for such testbeds shall not be taken from the exist24 ing NOAA cooperative institutes. 


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1 (c) PROGRAM ELEMENTS.—The program described 

2 in subsection (b) shall focus on the following activities: 

3 (1) Improving the fundamental understanding 

4 of weather, including the boundary layer and other 

5 processes affecting high impact weather events. 

6 (2) Improving the understanding of how the 

7 public receives, interprets, and responds to warnings 

8 and forecasts of high impact weather events that en9 danger life and property. 

10 (3) Research and development, and transfer of 

11 knowledge, technologies, and applications to the Na12 tional Weather Service and other appropriate agen13 cies and entities, including the United States weath14 er industry and academic partners. 

15 (d) EXTRAMURAL RESEARCH.— 

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

17 under this section, the Assistant Administrator for 

18 Oceanic and Atmospheric Research shall collaborate 

19 with and support the non-Federal weather research 

20 community, which includes institutions of higher 

21 education, private entities, and nongovernmental or22 ganizations, by making funds available through com23 petitive grants, contracts, and cooperative agree24 ments. Preference shall be given to applicants with 

25 significant expertise in severe weather research that 


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1 are co-located with existing NOAA intramural 

2 weather related laboratories. 

3 (2) EXTRAMURAL ACADEMIC PARTNERS.—Of 

4 the funds authorized in subsection (e), not less than 

5 80 percent shall be dedicated to research of extra6 mural academic partners. 

7 (e) AUTHORIZATION OF APPROPRIATIONS.—For each 

8 of fiscal years 2022 and 2023, there are authorized out 

9 of funds appropriated to the National Oceanic and Atmos10 pheric Administration, $10,000,000 to carry out the ac11 tivities of this section. 

12 SEC. 605. NEXT GENERATION DIGITAL RADAR. 

13 (a) FINDINGS.—Congress finds that— 

14 (1) the national weather radar network is 

15 aging, and procurement and replacement must begin 

16 by early in the decade commencing with the year 

17 2030; 

18 (2) research by the National Oceanic and At19 mospheric Administration on next generation radar 

20 systems has largely focused on the development of a 

21 phased array radar for severe weather forecasting; 

22 (3) a phased array radar system can achieve 

23 precise measurements of precipitation rates and con24 ditions through a rapid scan of the atmosphere to 


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1 reveal critical weather thumbprints that point to the 

2 potential of severe weather; 

3 (4) though initially established through the 

4 joint collaboration between the Federal Aviation Ad5 ministration and the National Oceanic and Atmos6 pheric Administration, the potential for use of the 

7 phased array radar for severe weather observations 

8 has emerged as the focus; 

9 (5) lifetime operations and maintenance costs 

10 will be significantly reduced due to the simple, dig11 ital process for updating the digital array radar sys12 tem; and 

13 (6) the National Oceanic and Atmospheric Ad14 ministration must continue to conduct crucial tech15 nical risk reduction research to be ready for the next 

16 generation of radar networks. 

17 (b) PROGRAM.—The Under Secretary shall develop, 

18 in collaboration with the Assistant Administrators for 

19 Weather Services and Oceanic and Atmospheric Research, 

20 and utilizing NOAA’s existing academic partners for im21 plementation, a technical risk reduction program, that will 

22 lead to the baseline requirements to procure an all-digital 

23 ground based phased array radar system for initial deploy24 ment by no later than 2032. At a minimum, such a pro25 gram must demonstrate the ability to significantly imVerDate Sep 11 2014 23:02 May 19, 2021 Jkt 019200 PO 00000 Frm 00176 Fmt 6652 Sfmt 6201 E:\BILLS\H2153.IH H2153

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1 prove the accuracy of severe weather forecasts while low2 ering long term Federal operating costs. 

3 (c) PROGRAM ELEMENTS.—The program described 

4 in subsection (b) shall focus on the following activities: 

5 (1) Definition of key system requirements need6 ed to cost effectively lead to significantly improve 

7 weather forecasting accuracy and precision through 

8 a nationwide all-digital ground based phased array 

9 weather radar system. 

10 (2) Identification of critical technologies and 

11 subsystems on the critical path to the development 

12 of an all-digital phased array system, and an invest13 ment schedule to reduce risk in each designated 

14 area. 

15 (3) Development of a full-scale digital phased 

16 array radar demonstrator that will meet require17 ments set in paragraph (1). 

18 (4) Development of a multi-year effort to 

19 strengthen ties between NOAA and its public univer20 sity based academic partners so as to maintain an 

21 ongoing reservoir of science and technology talent to 

22 help to guide and advise Federal program managers 

23 on the implementation and use of an all-digital 

24 phased array radar system. 


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1 (d) AUTHORIZATION OF APPROPRIATIONS.—Of the 

2 amounts otherwise made available to the National Oceanic 

3 and Atmospheric Administration’s Operations, Research, 

4 and Facilities Action, there are authorized to carry out 

5 this section $20,000,000 for each of fiscal years 2022 and 

6 2023. 

7 SEC. 606. FELLOWSHIPS. 

8 (a) IN GENERAL.—To carry out the educational and 

9 training objectives of this Act, the Under Secretary shall 

10 support a program of weather fellowships for qualified in11 dividuals at the graduate and postgraduate level. The fel12 lowships shall be related to meteorology, atmospheric 

13 science, space weather, and climatology and awarded pur14 suant to guidelines established by the Under Secretary. 

15 (b) WEATHER FELLOWSHIP.—The Under Secretary 

16 may award weather fellowships to support the placement 

17 of individuals at the graduate level of education in fields 

18 related to meteorology, atmospheric science, space weath19 er, and climatology within NOAA. A fellowship awarded 

20 under this subsection shall be for a period of not more 

21 than 1 year. 

22 SEC. 607. COMMERCIAL DATA REPORT UPDATE. 

23 Section 302(d)(4) of the Weather Research and Fore24 casting Innovation Act of 2017 (15 U.S.C. 8532(d)(4)) 


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1 is amended by striking the period and inserting: ‘‘, includ2 ing— 

3 ‘‘(A) if the Under Secretary determines 

4 that existing commercial data does not meet 

5 National Oceanic and Atmospheric Administra6 tion needs, an explanation of why the commer7 cial data was not sufficient; and 

8 ‘‘(B) if the Under Secretary determines 

9 that no commercial data will be purchased in a 

10 fiscal year, guidance to Congress about poten11 tial uses of commercial data.’’. 

12 SEC. 608. REPORT ON NATIONAL WEATHER SERVICE 

13 INTERNET BANDWIDTH SHORTAGE. 

14 (a) IN GENERAL.—Not later than six months after 

15 the date of enactment of this Act, the Under Secretary 

16 shall issue a report to the Committee on Commerce, 

17 Science, and Transportation of the Senate, and the Com18 mittee on Science, Space, and Technology of the House, 

19 a report on internet bandwidth issues at the National Cen20 ter for Environmental Prediction. 

21 (b) CONTENTS.—The report required under sub22 section (a) shall include— 

23 (1) an assessment of the cause of any internet 

24 bandwidth issues experienced by the National 

25 Weather Service; 


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1 (2) recommended solutions to mitigate ongoing 

2 bandwidth issues; 

3 (3) potential impacts on commercial data users; 

4 and 

5 (4) estimated costs of recommended solutions. 

6 SEC. 609. NAPA STUDY. 

7 (a) IN GENERAL.—The Under Secretary shall con8 tract with the National Academy of Public Administration 

9 to conduct a study examining the feasibility of transfer10 ring Marine Protection services to the Department of the 

11 Interior. 

12 (b) REPORT.—Not later than 180 days after the date 

13 of enactment of this Act, the Under Secretary shall submit 

14 to Congress a report on the results of the study conducted 

15 under subsection (a). 

16 SEC. 610. AUTHORIZATION OF APPROPRIATIONS. 

17 (a) FINDINGS.—Congress finds the following: 

18 (1) The National Oceanic and Atmospheric Ad19 ministration promotes United States science and in20 novation by providing weather forecasts, severe 

21 storm warnings, and climate monitoring that sup22 port and affect more than one-third of the national 

23 gross domestic product. 

24 (2) The Office of Oceanic and Atmospheric Re25 search provides science that enables better forecasts, 


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1 earlier warnings for natural disasters, and a greater 

2 understanding of the Earth. 

3 (3) The cutting-edge research conducted at 

4 OAR provides citizens, planners, and emergency 

5 managers reliable information that is critical to daily 

6 life. 

7 (b) AUTHORIZATION OF APPROPRIATIONS.—Of 

8 amounts otherwise available to the National Oceanic and 

9 Atmospheric Administration, there are authorized to be 

10 appropriated for the Office of Oceanic and Atmospheric 

11 Research— 

12 (1) $614,000,000 for fiscal year 2022; 

13 (2) $665,000,000 for fiscal year 2023; 

14 (3) $720,000,000 for fiscal year 2024; 

15 (4) $780,000,000 for fiscal year 2025; 

16 (5) $845,000,000 for fiscal year 2026; 

17 (6) $915,000,000 for fiscal year 2027; 

18 (7) $990,000,000 for fiscal year 2028; 

19 (8) $1,072,000,000 for fiscal year 2029; 

20 (9) $1,146,000,000 for fiscal year 2030; and 

21 (10) $1,228,000,000 for fiscal year 2031. 

22 SEC. 611. DEFINITIONS. 

23 In this title: 

24 (1) AGENCY.—The term ‘‘Agency’’ means the 

25 National Oceanic and Atmospheric Administration. 


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1 (2) NOAA.—The term ‘‘NOAA’’ means the Na2 tional Oceanic and Atmospheric Administration. 

3 (3) UNDER SECRETARY.—The term ‘‘Under 

4 Secretary’’ means the Under Secretary of Commerce 

5 for Oceans and Atmosphere. 

6 TITLE VII—NATIONAL SCIENCE 

7 FOUNDATION 

8 SEC. 701. AUTHORIZATION OF APPROPRIATIONS. 

9 (a) FISCAL YEAR 2022.— 

10 (1) IN GENERAL.—There are authorized to be 

11 appropriated to the Foundation $9,288,351,900 for 

12 fiscal year 2022. 

13 (2) SPECIFIC ALLOCATION.—Of the amount au14 thorized by paragraph (1)— 

15 (A) $7,600,745,900 shall be made avail16 able for research and related activities; 

17 (B) $1,057,950,000 shall be made avail18 able for education and human resources includ19 ing— 

20 (i) $85,800,000 for the Advanced 

21 Technical Education Program; 

22 (ii) $315,000,000 for the Graduate 

23 Research Fellowship Program; 

24 (iii) $83,250,000 for the Robert 

25 Noyce Teacher Scholarship Program; 


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1 (iv) $82,500,000 for the CyberCorps 

2 Scholarship for Service Program; and 

3 (v) $64,000,000 for the NSF Re4 search Traineeship Program; 

5 (C) $255,000,000 shall be made available 

6 for major research equipment and facilities con7 struction, of which $90,000,000 shall be for 

8 mid-scale projects; 

9 (D) $352,000,000 shall be made available 

10 for agency operations and award management; 

11 (E) $4,500,000 shall be made available for 

12 the Office of the National Science Board; and 

13 (F) $18,156,000 shall be made available 

14 for the Office of the Inspector General. 

15 (b) FISCAL YEAR 2023.— 

16 (1) IN GENERAL.—There are authorized to be 

17 appropriated to the Foundation $10,058,692,800 for 

18 fiscal year 2023. 

19 (2) SPECIFIC ALLOCATION.—Of the amount au20 thorized by paragraph (1)— 

21 (A) $8,291,722,800 shall be made avail22 able for research and related activities; 

23 (B) $1,129,950,000 shall be made avail24 able for education and human resources includ25 ing— 


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1 (i) $92,400,000 for the Advanced 

2 Technical Education Program; 

3 (ii) $342,000,000 for the Graduate 

4 Research Fellowship Program; 

5 (iii) $97,500,000 for the Robert 

6 Noyce Teacher Scholarship Program; 

7 (iv) $96,250,000 for the CyberCorps 

8 Scholarship for Service Program; and 

9 (v) $66,000,000 for the NSF Re10 search Traineeship Program; 

11 (C) $255,000,000 shall be made available 

12 for major research equipment and facilities con13 struction, of which $90,000,000 shall be for 

14 mid-scale projects; 

15 (D) $359,000,000 shall be made available 

16 for agency operations and award management; 

17 (E) $4,500,000 shall be made available for 

18 the Office of the National Science Board; and 

19 (F) $18,520,000 shall be made available 

20 for the Office of the Inspector General. 

21 (c) FISCAL YEAR 2024.— 

22 (1) IN GENERAL.—There are authorized to be 

23 appropriated to the Foundation $10,862,529,700 for 

24 fiscal year 2024. 


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1 (2) SPECIFIC ALLOCATION.—Of the amount au2 thorized by paragraph (1)— 

3 (A) $8,982,699,700 shall be made avail4 able for research and related activities; 

5 (B) $1,205,450,000 shall be made avail6 able for education and human resources includ7 ing— 

8 (i) $99,000,000 for the Advanced 

9 Technical Education Program; 

10 (ii) $370,500,000 for the Graduate 

11 Research Fellowship Program; 

12 (iii) $113,750,000 for the Robert 

13 Noyce Teacher Scholarship Program; 

14 (iv) $110,000,000 for the CyberCorps 

15 Scholarship for Service Program; and 

16 (v) $68,000,000 for the NSF Re17 search Traineeship Program; 

18 (C) $285,000,000 shall be made available 

19 for major research equipment and facilities con20 struction, of which $105,000,000 shall be for 

21 mid-scale projects; 

22 (D) $366,000,000 shall be made available 

23 for agency operations and award management; 

24 (E) $4,500,000 shall be made available for 

25 the Office of the National Science Board; and 


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1 (F) $18,880,000 shall be made available 

2 for the Office of the Inspector General. 

3 (d) FISCAL YEAR 2025.— 

4 (1) IN GENERAL.—There are authorized to be 

5 appropriated to the Foundation $11,624,846,600 for 

6 fiscal year 2025. 

7 (2) SPECIFIC ALLOCATION.—Of the amount au8 thorized by paragraph (1)— 

9 (A) $9,673,676,600 shall be made avail10 able for research and related activities; 

11 (B) $1,269,400,000 shall be made avail12 able for education and human resources includ13 ing— 

14 (i) $105,600,000 for the Advanced 

15 Technical Education Program; 

16 (ii) $399,000,000 for the Graduate 

17 Research Fellowship Program; 

18 (iii) $130,000,000 for the Robert 

19 Noyce Teacher Scholarship Program; 

20 (iv) $112,200,000 for the CyberCorps 

21 Scholarship for Service Program; and 

22 (v) $70,000,000 for the NSF Re23 search Traineeship Program; 

24 (C) $285,000,000 shall be made available 

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1 struction, of which $120,000,000 shall be for 

2 mid-scale projects; 

3 (D) $373,000,000 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) $19,270,000 shall be made available 

8 for the Office of the Inspector General. 

9 (e) FISCAL YEAR 2026.— 

10 (1) IN GENERAL.—There are authorized to be 

11 appropriated to the Foundation $12,403,503,500 for 

12 fiscal year 2026. 

13 (2) SPECIFIC ALLOCATION.—Of the amount au14 thorized by paragraph (1)— 

15 (A) $10,364,653,500 shall be made avail16 able for research and related activities; 

17 (B) $1,319,700,000 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) $427,500,000 for the Graduate 

23 Research Fellowship Program; 

24 (iii) $132,600,000 for the Robert 

25 Noyce Teacher Scholarship Program; 


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1 (iv) $114,400,000 for the CyberCorps 

2 Scholarship for Service Program; and 

3 (v) $72,000,000 for the NSF Re4 search Traineeship Program; 

5 (C) $315,000,000 shall be made available 

6 for major research equipment and facilities con7 struction, of which $180,000,000 shall be for 

8 mid-scale projects; 

9 (D) $380,000,000 shall be made available 

10 for agency operations and award management; 

11 (E) $4,500,000 shall be made available for 

12 the Office of the National Science Board; and 

13 (F) $19,650,000 shall be made available 

14 for the Office of the Inspector General. 

15 (f) FISCAL YEAR 2027.— 

16 (1) IN GENERAL.—There are authorized to be 

17 appropriated to the Foundation $13,152,330,400 for 

18 fiscal year 2027. 

19 (2) SPECIFIC ALLOCATION.—Of the amount au20 thorized by paragraph (1)— 

21 (A) $11,055,630,400 shall be made avail22 able for research and related activities; 

23 (B) $1,370,200,000 shall be made avail24 able for education and human resources includ25 ing— 


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1 (i) $118,800,000 for the Advanced 

2 Technical Education Program; 

3 (ii) $456,000,000 for the Graduate 

4 Research Fellowship Program; 

5 (iii) $135,300,000 for the Robert 

6 Noyce Teacher Scholarship Program; 

7 (iv) $116,700,000 for the CyberCorps 

8 Scholarship for Service Program; and 

9 (v) $74,000,000 for the NSF Re10 search Traineeship Program; 

11 (C) $315,000,000 shall be made available 

12 for major research equipment and facilities con13 struction, of which $205,000,000 shall be for 

14 mid-scale projects; 

15 (D) $382,000,000 shall be made available 

16 for agency operations and award management; 

17 (E) $4,500,000 shall be made available for 

18 the Office of the National Science Board; and 

19 (F) $20,000,000 shall be made available 

20 for the Office of the Inspector General. 

21 (g) FISCAL YEAR 2028.— 

22 (1) IN GENERAL.—There are authorized to be 

23 appropriated to the Foundation $13,931,257,300 for 

24 fiscal year 2028. 


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1 (2) SPECIFIC ALLOCATION.—Of the amount au2 thorized by paragraph (1)— 

3 (A) $11,746,607,300 shall be made avail4 able for research and related activities; 

5 (B) $1,420,700,000 shall be made avail6 able for education and human resources includ7 ing— 

8 (i) $125,400,000 for the Advanced 

9 Technical Education Program; 

10 (ii) $484,500,000 for the Graduate 

11 Research Fellowship Program; 

12 (iii) $138,000,000 for the Robert 

13 Noyce Teacher Scholarship Program; 

14 (iv) $119,000,000 for the CyberCorps 

15 Scholarship for Service Program; and 

16 (v) $76,000,000 for the NSF Re17 search Traineeship Program; 

18 (C) $345,000,000 shall be made available 

19 for major research equipment and facilities con20 struction, of which $215,000,000 shall be for 

21 mid-scale projects; 

22 (D) $394,000,000 shall be made available 

23 for agency operations and award management; 

24 (E) $4,500,000 shall be made available for 

25 the Office of the National Science Board; and 


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1 (F) $20,450,000 shall be made available 

2 for the Office of the Inspector General. 

3 (h) FISCAL YEAR 2029.— 

4 (1) IN GENERAL.—There are authorized to be 

5 appropriated to the Foundation $14,680,234,200 for 

6 fiscal year 2029. 

7 (2) SPECIFIC ALLOCATION.—Of the amount au8 thorized by paragraph (1)— 

9 (A) $12,437,584,200 shall be made avail10 able for research and related activities; 

11 (B) $1,471,300,000 shall be made avail12 able for education and human resources includ13 ing— 

14 (i) $132,000,000 for the Advanced 

15 Technical Education Program; 

16 (ii) $513,000,000 for the Graduate 

17 Research Fellowship Program; 

18 (iii) $140,700,000 for the Robert 

19 Noyce Teacher Scholarship Program; 

20 (iv) $121,400,000 for the CyberCorps 

21 Scholarship for Service Program; and 

22 (v) $78,000,000 for the NSF Re23 search Traineeship Program; 

24 (C) $345,000,000 shall be made available 

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1 struction, of which $225,000,000 shall be for 

2 mid-scale projects; 

3 (D) $401,000,000 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) $20,850,000 shall be made available 

8 for the Office of the Inspector General. 

9 (i) FISCAL YEAR 2030.— 

10 (1) IN GENERAL.—There are authorized to be 

11 appropriated to the Foundation $15,460,331,100 for 

12 fiscal year 2030. 

13 (2) SPECIFIC ALLOCATION.—Of the amount au14 thorized by paragraph (1)— 

15 (A) $13,128,561,100 shall be made avail16 able for research and related activities; 

17 (B) $1,523,000,000 shall be made avail18 able for education and human resources includ19 ing— 

20 (i) $139,600,000 for the Advanced 

21 Technical Education Program; 

22 (ii) $541,500,000 for the Graduate 

23 Research Fellowship Program; 

24 (iii) $143,500,000 for the Robert 

25 Noyce Teacher Scholarship Program; 


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1 (iv) $123,800,000 for the CyberCorps 

2 Scholarship for Service Program; and 

3 (v) $80,000,000 for the NSF Re4 search Traineeship Program; 

5 (C) $375,000,000 shall be made available 

6 for major research equipment and facilities con7 struction, of which $225,000,000 shall be for 

8 mid-scale projects; 

9 (D) $408,000,000 shall be made available 

10 for agency operations and award management; 

11 (E) $4,500,000 shall be made available for 

12 the Office of the National Science Board; and 

13 (F) $21,270,000 shall be made available 

14 for the Office of the Inspector General. 

15 (j) FISCAL YEAR 2031.— 

16 (1) IN GENERAL.—There are authorized to be 

17 appropriated to the Foundation $16,245,538,000 for 

18 fiscal year 2031. 

19 (2) SPECIFIC ALLOCATION.—Of the amount au20 thorized by paragraph (1)— 

21 (A) $13,819,538,000 shall be made avail22 able for research and related activities; 

23 (B) $1,609,800,000 shall be made avail24 able for education and human resources includ25 ing— 


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1 (i) $146,200,000 for the Advanced 

2 Technical Education Program; 

3 (ii) $570,000,000 for the Graduate 

4 Research Fellowship Program; 

5 (iii) $146,400,000 for the Robert 

6 Noyce Teacher Scholarship Program; 

7 (iv) $162,200,000 for the CyberCorps 

8 Scholarship for Service Program; 

9 (v) $82,000,000 for the NSF Re10 search Traineeship Program; and 

11 (C) $375,000,000 shall be made available 

12 for major research equipment and facilities con13 struction, of which $225,000,000 shall be for 

14 mid-scale projects; 

15 (D) $415,000,000 shall be made available 

16 for agency operations and award management; 

17 (E) $4,500,000 shall be made available for 

18 the Office of the National Science Board; and 

19 (F) $21,700,000 shall be made available 

20 for the Office of the Inspector General. 

21 SEC. 702. NSF ORGANIZATIONAL REVIEW. 

22 (a) SENSE OF CONGRESS.—It is the sense of Con23 gress that— 

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1 ard for the world in funding basic science and engi2 neering research; 

3 (2) the National Science Foundation should 

4 continue to fund competitive, merit-reviewed basic 

5 research across all fields of science and engineering 

6 to achieve its statutory mission; 

7 (3) scientific research has become increasingly 

8 interdisciplinary, crossing the boundaries of indi9 vidual fields and the divisions and directorates of the 

10 National Science Foundation that support research 

11 grants; and 

12 (4) as the nature of scientific research changes, 

13 it is important for the institutions that support 

14 science like the National Science Foundation, to pe15 riodically evaluate whether the organization needs to 

16 evolve to continue to fund the best science, the best 

17 scientists, and the most groundbreaking research. 

18 (b) STUDY.—Not later than 60 days after the date 

19 of enactment of this Act, the Director shall contract with 

20 the National Academy of Public Administration (referred 

21 to in this section as the ‘‘National Academy’’) to conduct 

22 a study on the organizational and management structure 

23 of the Foundation, to— 

24 (1) evaluate and make recommendations for the 

25 structure of the Foundation’s directorates, divisions, 


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1 and offices of the Foundation to efficiently and ef2 fectively fund and oversee research grants and edu3 cation and training programs; 

4 (2) evaluate and make recommendations for 

5 any structural changes needed to improve the sup6 port for cross-disciplinary and trans-disciplinary re7 search; 

8 (3) evaluate and make recommendations for the 

9 long-term planning and development of research in10 frastructure projects; and 

11 (4) make recommendations for the management 

12 of the Foundation’s business practices, including 

13 personnel and financial management. 

14 (c) REPORT TO CONGRESS.—Upon completion of the 

15 study under subsection (b), the Director shall transmit the 

16 study to Congress along with a summary of the Director’s 

17 plans, if any, to implement the recommendations of the 

18 National Academy. 

19 SEC. 703. ETHICS AND SECURITY PLANS. 

20 (a) DEVELOPMENT OF ETHICS AND SECURITY POLI21 CIES.—Not later than 6 months after the date of enact22 ment of this Act, the Director shall develop and implement 

23 a policy requiring that all proposals for research funding 

24 from the Foundation include, if applicable, a plan for 


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1 managing the risk of any potential ethical or security im2 plications resulting from such research. 

3 (b) REQUIREMENTS.—The policy shall— 

4 (1) include clear guidance of what constitutes 

5 ethical and security risks; 

6 (2) include field specific guidance as appro7 priate, which may include biology, artificial intel8 ligence, or cybersecurity; 

9 (3) include mechanisms to ensure appropriate 

10 evaluation of the submitted ethical and security 

11 plans required under this section; 

12 (4) include mechanisms to ensure that research13 ers comply with approved ethical and security plans; 

14 and 

15 (5) to the extent practical be harmonized with 

16 existing ethical and security policies or requirements, 

17 including the Common Rule (Federal Policy for the 

18 Protection of Human Subjects, 45 C.F.R. 690). 

19 (c) LIMITATION.—The policy developed under sub20 section (a) shall not factor into award decisions unless 

21 deemed necessary by the merit review panel for each pro22 gram. 

23 SEC. 704. MAJOR RESEARCH INSTRUMENTATION UPDATE. 

24 Section 7036(a) of the America COMPETES Act (42 

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1 imum amount of an award under the program shall be 

2 $4,000,000 except if the total amount appropriated for the 

3 program for a fiscal year exceeds $125,000,000, in which 

4 case the maximum amount of an award shall be 

5 $6,000,000’’ and inserting ‘‘The maximum amount of an 

6 award under the program shall be $6,000,000’’. 

7 SEC. 705. NSF RESEARCH SECURITY. 

8 (a) OFFICE OF RESEARCH SECURITY AND POLICY.— 

9 The Director shall maintain a Research Security and Pol10 icy office within the Office of the Director. The functions 

11 of the Research Security and Policy office shall be to co12 ordinate all research security policy issues across the 

13 Foundation and coordinate with the NSF Office of Inspec14 tor General, including by— 

15 (1) serving as the Foundation’s primary re16 source for all policy issues related to the security 

17 and integrity of the conduct of Foundation sup18 ported research; 

19 (2) conducting outreach and education activities 

20 for awardees on research policies and potential secu21 rity risks; 

22 (3) educating NSF program managers and 

23 other directorate staff on evaluating NSF awards 

24 and awardees for potential security risks; 


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1 (4) communicating reporting and disclosure re2 quirements to awardees and applicants for funding; 

3 and 

4 (5) coordinating with other Federal science 

5 agencies as appropriate and through the National 

6 Science and Technology Council in accordance with 

7 the authority provided under section 1746 of the na8 tional Defense Authorization Act for Fiscal Year 

9 2020 (Public Law 116–92; 42 U.S.C. 6601 note). 

10 (b) CHIEF OF RESEARCH SECURITY.—The Director 

11 shall appoint a senior agency official within the Office of 

12 the Director as a Chief of Research Security, whose pri13 mary responsibility is to manage the office created in sub14 section (a). 

15 (c) REPORT TO CONGRESS.—No later than 180 days 

16 after the date of enactment of this Act, the Director shall 

17 provide a report to the Science, Space, and Technology 

18 Committee of the House of Representatives, the Com19 mittee on Commerce, Science, and Transportation of the 

20 Senate, the Committee on Appropriations of the House of 

21 Representatives, and the Committee on Appropriations of 

22 the Senate on the resources and the number of full time 

23 employees needed to carry out the functions of the Office 

24 established in subsection (a). 


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1 SEC. 706. REPRODUCIBILITY IN SCIENCE. 

2 (a) IN GENERAL.—The Director shall award grants, 

3 on a competitive basis, to institutions of higher education 

4 or nonprofit organizations (or a consortia thereof) to— 

5 (1) support research and development of open 

6 source, usable tools and infrastructure that support 

7 reproducibility for a broad range of studies across 

8 different disciplines; 

9 (2) support research on computational repro10 ducibility, including the limits of reproducibility and 

11 the consistency of computational results in the devel12 opment of new computation hardware, tools, and 

13 methods; 

14 (3) support the education and training of stu15 dents, faculty, and researchers on computational 

16 methods and tools to improve the quality of data 

17 and code to produce reproducible research; and 

18 (4) support the education and training of stu19 dents, faculty, and researchers on the knowledge, 

20 skills, and tools needed to conduct research that ad21 heres to the highest scientific standard and to be 

22 able to clearly communicate methods and results ac23 curately and appropriately to reflect the uncertainty 

24 involved in the research. 

25 (b) DATA REPOSITORIES.—Not later than 12 months 

26 after the date of enactment of this Act, the Director of 


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1 the National Science Foundation shall coordinate with the 

2 heads of other Federal science agencies to develop a set 

3 of criteria for trusted open repositories to be used by the 

4 scientific community in order to facilitate the transparent 

5 sharing and availability of data and code for federally 

6 funded research studies. 

7 (c) DEFINITION OF REPRODUCIBILITY.—For the 

8 purposes of this section, the term ‘‘reproducibility’’ means 

9 obtaining consistent results using the same input data, 

10 computational steps, methods and code, and conditions of 

11 analysis. 

12 SEC. 707. PUBLIC-PRIVATE PARTNERSHIPS. 

13 (a) IN GENERAL.—The Director shall pursue part14 nerships with private industry, private foundations, and/ 

15 or other appropriate private entities to— 

16 (1) enhance the impact of the Foundation’s in17 vestments and contributions to American economic 

18 competitiveness and security; and 

19 (2) make available infrastructure, expertise, and 

20 financial resources to the United States scientific 

21 and engineering research and education enterprise. 

22 (b) MERIT-REVIEW.—Nothing in this section shall be 

23 construed as altering any intellectual or broader impacts 

24 criteria at the Foundation for evaluating grant applica25 tions. 


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1 SEC. 708. EPSCOR. 

2 (a) SENSE OF CONGRESS.— 

3 (1) IN GENERAL.—It is the sense of Congress 

4 that— 

5 (A) since maintaining the Nation’s sci6 entific and economic leadership requires the 

7 participation of talented individuals nationwide, 

8 EPSCoR investments into State research and 

9 education capacities that are in the Federal in10 terest and should be sustained; and 

11 (B) EPSCoR should maintain its experi12 mental component by supporting innovative 

13 methods for improving research capacity and 

14 competitiveness. 

15 (2) DEFINITION OF EPSCOR.—In this sub16 section, the term ‘‘EPSCoR’’ has the meaning given 

17 the term in section 502 of the America COMPETES 

18 Reauthorization Act of 2010 (42 U.S.C. 1862p 

19 note). 

20 (b) UPDATE OF EPSCOR.—Section 517(f)(2) of the 

21 America COMPETES Reauthorization Act of 2010 (42 

22 U.S.C. 1862p–9(f)(2)) is amended— 

23 (1) in subparagraph (A), by striking ‘‘and’’ at 

24 the end; and 

25 (2) by adding at the end the following: 


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1 ‘‘(C) to increase the capacity of rural com2 munities to provide quality STEM education 

3 and STEM workforce development program4 ming to students, and teachers; and’’. 

5 SEC. 709. DEFINITIONS. 

6 In this title, unless expressly provided otherwise: 

7 (1) DIRECTOR.—The term ‘‘Director’’ means 

8 the Director of the National Science Foundation. 

9 (2) FEDERAL SCIENCE AGENCY.—The term 

10 ‘‘Federal science agency’’ has the meaning given the 

11 term in section 103 of the America COMPETES 

12 Reauthorization Act of 2010 (42 U.S.C. 6623). 

13 (3) FOUNDATION.—The term ‘‘Foundation’’ 

14 means the National Science Foundation. 

15 (4) INSTITUTION OF HIGHER EDUCATION.—The 

16 term ‘‘institution of higher education’’ has the 

17 meaning given the term in section 101(a) of the 

18 Higher Education Act of 1965 (20 U.S.C. 1001(a)). 

19 TITLE VIII—STEM WORKFORCE 

20 FOR THE 21ST CENTURY 

21 SEC. 801. FINDINGS; SENSE OF CONGRESS. 

22 (a) FINDINGS.—Congress finds the following: 

23 (1) Many reports over the past decade have 

24 found that it is critical to our Nation’s economic 

25 leadership and global competitiveness that the 


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1 United States educates and trains more scientists 

2 and engineers. 

3 (2) Worldwide demand for STEM-capable 

4 workers keeps growing, driven by international op5 portunities and competition, and by the rapid in6 creases in the number of jobs that require STEM 

7 skills, including in lines of work that historically did 

8 not require STEM knowledge. 

9 (3) By 2026 science and engineering jobs are 

10 predicted to grow by 13 percent compared with 7 

11 percent growth in the overall United States work12 force. 

13 (4) A recent report by ACT, the scholastic test14 ing service, found that only 20 percent of United 

15 States students in the 2016 ACT-tested high school 

16 graduating class were ready for first-year STEM 

17 college courses. 

18 (5) Out of the 79 countries that participate in 

19 the Organisation for Economic Co-operation and De20 velopment’s Programme for International Student 

21 Assessment, the United States ranks 18th in science 

22 and 37th in mathematics. 

23 (6) The Federal Government spends over $3 

24 billion annually on STEM education related re25 search, programs and activities, but encouraging 


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1 STEM education activities beyond the scope of the 

2 Federal Government is crucial to the future tech3 nical and economic competitiveness of the United 

4 States. 

5 (b) SENSE OF CONGRESS.—It is the sense of Con6 gress that— 

7 (1) the Nation’s future economic and national 

8 security relies on building a STEM-capable work9 force in order to remain competitive in the global 

10 economy, foster greater innovation, and provide a 

11 foundation for shared prosperity; 

12 (2) the Federal Government plays a key role in 

13 developing and sustaining a STEM-capable work14 force by working with stakeholders at all levels, in15 cluding researchers, practitioners, industry, and 

16 State and local governments to support and promote 

17 evidence-based approaches to modernize elementary, 

18 secondary, and post-secondary STEM education, and 

19 support the reskilling and upskilling that workers 

20 will need throughout their careers; 

21 (3) applying a more holistic view of the STEM 

22 workforce that moves beyond academic degrees and 

23 occupations will highlight the contributions and op24 portunities for workers at all education levels; 


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1 (4) increasing the diversity and inclusion in the 

2 STEM workforce is needed to help address the 

3 STEM skills shortage; 

4 (5) supporting an interdisciplinary approach to 

5 STEM learning, where academic concepts are cou6 pled with real-world applications and students use 

7 STEM in contexts that make connections between 

8 school, community, work, and the wider world will 

9 improve outcomes for students in elementary, sec10 ondary and post-secondary education and for skilled 

11 technical workers in different career stages; 

12 (6) leveraging private and nonprofit invest13 ments in STEM education will be essential to 

14 strengthening the Federal STEM portfolio; 

15 (7) deepening partnerships between educational 

16 institutions and the business sector will be critical in 

17 preparing Americans for the industries of the future 

18 and support reskilling and upskilling of incumbent 

19 workers so that they can better navigate rapid 

20 changes in the world of work; and 

21 (8) coordinating STEM programs and activities 

22 across the Federal Government in order to limit du23 plication and engage stakeholders in STEM pro24 grams and related activities for which objective out25 comes can be measured will bolster results of FedVerDate Sep 11 2014 23:02 May 19, 2021 Jkt 019200 PO 00000 Frm 00206 Fmt 6652 Sfmt 6201 E:\BILLS\H2153.IH H2153

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1 eral STEM education programs, improve the return 

2 on taxpayers’ investments in STEM education pro3 grams, and in turn strengthen the United States 

4 economy. 

5 SEC. 802. ADVANCED TECHNICAL EDUCATION AND 

6 SKILLED TECHNICAL WORKFORCE. 

7 (a) FINDINGS.—Congress finds the following: 

8 (1) A National Academies of Science, Engineer9 ing, and Medicine report predicts a shortfall of near10 ly 3,400,000 skilled technical workers by 2022. 

11 (2) The National Science Foundation’s Ad12 vanced Technical Education program is critical to 

13 helping improve the training of the skilled technical 

14 workforce, with an emphasis on two-year Institutions 

15 of Higher Education (IHEs) and educating techni16 cians for the high-technology fields that drive our 

17 nation’s economy. 

18 (3) The National Science Board’s 2019 report 

19 on the skilled technical workforce called for 

20 strengthening partnerships between skilled technical 

21 workforce programs and business and industry. 

22 (b) ADVANCED TECHNICAL EDUCATION PROGRAM

23 UPDATE.—Section 3(b) of the Scientific and Advanced24 Technology Act of 1992 (42 U.S.C. 1862i(b)) is amended 

25 to read as follows: 


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1 ‘‘(b) NATIONAL COORDINATION NETWORK FOR

2 SCIENCE AND TECHNICAL EDUCATION.—The Director 

3 shall award grants to institutions of higher education, 

4 nonprofit institutions, associate-degree granting colleges 

5 (or consortia thereof) to establish a network of centers for 

6 science and technical education. The centers shall— 

7 ‘‘(1) coordinate research, training and edu8 cation activities funded by awards under subsection 

9 (a) and share information and best practices across 

10 the network of awardees; 

11 ‘‘(2) serve as national and regional clearing12 house and resource to communicate and coordinate 

13 research, training and educational activities across 

14 disciplinary, organizational, geographic and inter15 national boundaries and disseminate best practices; 

16 and 

17 ‘‘(3) develop national and regional partnerships 

18 between K–12 schools, two-year colleges, institutions 

19 of higher education, workforce development pro20 grams, and industry to meet workforce needs.’’. 

21 (c) NSF PORTFOLIO REVIEW AND COORDINATION

22 PLAN.— 

23 (1) IN GENERAL.—Not later than 1 year after 

24 the date of enactment of this Act, the Director of 

25 the National Science Foundation shall conduct a full 


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1 portfolio analysis of the Foundation’s skilled tech2 nical workforce investments and develop a plan to 

3 improve coordination and collaboration of research 

4 and education investments and the communication 

5 of those funding opportunities to the research and 

6 education community. 

7 (2) SUBMISSION TO CONGRESS.—Not later than 

8 180 days after the date of the review and develop9 ment of the plan under paragraph (1) is complete, 

10 the Director of the National Science Foundation 

11 shall submit to Congress and make widely available 

12 to the public a summary of the portfolio review and 

13 plan. 

14 SEC. 803. GRADUATE RESEARCH FELLOWSHIP PROGRAM 

15 UPDATE. 

16 (a) FINDINGS.—Congress finds the following: 

17 (1) The National Science Foundation Graduate 

18 Research Fellowship Program is the nation’s oldest 

19 fellowship program that directly supports American 

20 graduate students in various STEM fields and is a 

21 model for training the best innovators in the United 

22 States. 

23 (2) Since 1952, NSF has funded over 50,000 

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1 come Nobel laureates, and more than 450 have be2 come members of the National Academy of Sciences. 

3 (3) Foreign nations are increasingly investing 

4 in foreign talent programs to compete with the 

5 United States. 

6 (b) SENSE OF CONGRESS.—It is the sense of Con7 gress that the National Science Foundation should grow 

8 the number of new graduate research fellows supported 

9 annually over the next 10 years to no less than 3,000 fel10 lows. 

11 (c) PROGRAM UPDATE.—Section 10 of the National 

12 Science Foundation Act of 1950 (42 U.S.C. 1869) is 

13 amended— 

14 (1) in subsection (a), by inserting ‘‘and as will 

15 address national workforce demand in critical STEM 

16 fields’’ after ‘‘throughout the United States’’; 

17 (2) in subsection (b), by striking ‘‘of $12,000’’ 

18 and inserting ‘‘$16,000’’; and 

19 (3) by adding at the end the following: 

20 ‘‘(c) OUTREACH.—The Director shall ensure program 

21 outreach to recruit fellowship applicants from fields of 

22 study that are in areas of critical national need, from all 

23 regions of the country, and from historically underrep24 resented populations in STEM.’’. 


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1 SEC. 804. 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. 

21 SEC. 805. INNOVATIONS IN INFORMAL STEM LEARNING. 

22 (a) PERMISSIBLE SUPPORT.—Section 3(b) of the 

23 STEM Education Act of 2015 (42 U.S.C. 1862q(b)) is 

24 amended— 

25 (1) in paragraph (3), by striking ‘‘; and’’ at the 

26 end and inserting a semicolon; 


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1 (2) in paragraph (4), by striking the period at 

2 the end and inserting ‘‘; and’’; and 

3 (3) by adding at the end the following: 

4 ‘‘(5) supporting the participation of students in 

5 nonprofit competitions, out-of-school activities, and 

6 field experiences related to STEM subjects (such as 

7 robotics, science research, invention, mathematics, 

8 and technology competitions), which may include— 

9 ‘‘(A) the purchase of parts and supplies 

10 needed to participate in such competitions; 

11 ‘‘(B) incentives and stipends for teachers 

12 and instructional leaders who are involved in 

13 assisting students and preparing students for 

14 such competitions, if such activities fall outside 

15 the regular duties and responsibilities of such 

16 teachers and instructional leaders; or 

17 ‘‘(C) incentivizes and stipends for profes18 sional training for teachers and instructional 

19 leaders of before-school, after-school, out-of20 school or summer STEM programs; and 

21 ‘‘(6) broadening secondary school students’ ac22 cess to, and interest in, careers that require aca23 demic preparation in STEM subjects.’’. 

24 (b) SUPPORTING PRE-K–8 INFORMAL STEM OPPOR25 TUNITIES.—Section 3 of the STEM Education Act of 


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1 2015 (42 U.S.C. 1862q) is amended by adding at the end 

2 the following: 

3 ‘‘(c) PRE-K–8 INFORMAL STEM PROGRAM.— 

4 ‘‘(1) IN GENERAL.—The Director of the Na5 tional Science Foundation shall provide grants on a 

6 merit-reviewed, competitive basis for research on 

7 programming that engages students in grades pre8 kindergarten through 8, including underrepresented 

9 and rural students, in STEM in order to prepare 

10 such students to pursue degrees or careers in 

11 STEM. 

12 ‘‘(2) USE OF FUNDS.— 

13 ‘‘(A) IN GENERAL.—Grants awarded under 

14 this section shall be used toward research to ad15 vance the engagement of students in grades 

16 pre-kindergarten through 8 in STEM through 

17 providing before-school, after-school, out-of18 school, or summer activities that are designed 

19 to encourage interest, engagement, and skills 

20 development for students in STEM. 

21 ‘‘(B) PERMITTED ACTIVITIES.—The activi22 ties described in subparagraph (A) may in23 clude— 

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1 pose of research described in such subpara2 graph; 

3 ‘‘(ii) the use of a variety of engage4 ment methods, including cooperative and 

5 hands-on learning; 

6 ‘‘(iii) exposure of students to role 

7 models in the fields of STEM and near8 peer mentors; 

9 ‘‘(iv) training of informal learning 

10 educators, youth-serving professionals, and 

11 volunteers who lead informal STEM pro12 grams in using evidence-based methods 

13 consistent with the target student popu14 lation being served; 

15 ‘‘(v) education of students on the rel16 evance and significance of STEM careers, 

17 provision of academic advice and assist18 ance, and activities designed to help stu19 dents make real-world connections to 

20 STEM content; 

21 ‘‘(vi) the attendance of students at 

22 events, competitions, and academic pro23 grams to provide content expertise and en24 courage career exposure in STEM; 


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1 ‘‘(vii) activities designed to engage 

2 parents and families of students in grades 

3 pre-kindergarten through 8 in STEM; 

4 ‘‘(viii) innovative strategies to engage 

5 students, such as using leadership skills 

6 and outcome measures to impart youth 

7 with the confidence to pursue STEM 

8 coursework and academic study; 

9 ‘‘(ix) coordination with STEM-rich 

10 environments, including other nonprofit, 

11 nongovernmental organizations, out-of12 classroom settings, single-gender environ13 ments, institutions of higher education, vo14 cational facilities, corporations, museums, 

15 or science centers; and 

16 ‘‘(x) the acquisition of instructional 

17 materials or technology-based tools to con18 duct applicable grant activity. 

19 ‘‘(3) APPLICATION.—An applicant seeking 

20 funding under the section shall submit an applica21 tion at such time, in such manner, and containing 

22 such information as may be required. Applications 

23 that include or partner with a nonprofit, nongovern24 mental organization that has extensive experience 

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1 dents in pre-kindergarten through grade 8 in STEM 

2 are encouraged. The application may include the fol3 lowing: 

4 ‘‘(A) A description of the target audience 

5 to be served by the research activity or activi6 ties for which such funding is sought. 

7 ‘‘(B) A description of the process for re8 cruitment and selection of students to partici9 pate in such activities. 

10 ‘‘(C) A description of how such activity or 

11 activities may inform programming that en12 gages students in grades pre-kindergarten 

13 through 8 in STEM. 

14 ‘‘(D) A description of how such activity or 

15 activities may inform programming that pro16 motes student academic achievement in STEM. 

17 ‘‘(E) An evaluation plan that includes, at 

18 a minimum, the use of outcome-oriented meas19 ures to determine the impact and efficacy of 

20 programming being researched. 

21 ‘‘(4) EVALUATIONS.—Each recipient of a grant 

22 under this section shall provide, at the conclusion of 

23 every year during which the grant funds are re24 ceived, an evaluation in a form prescribed by the Di25 rector. 


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1 ‘‘(5) ACCOUNTABILITY AND DISSEMINATION.— 

2 ‘‘(A) EVALUATION REQUIRED.—The Direc3 tor shall evaluate the activities established 

4 under this section. Such evaluation shall— 

5 ‘‘(i) use a common set of benchmarks 

6 and tools to assess the results of research 

7 conducted under such grants; and 

8 ‘‘(ii) to the extent practicable, inte9 grate the findings of the research resulting 

10 from the activity or activities funded 

11 through the grant with the current re12 search on serving students with respect to 

13 the pursuit of degrees or careers in STEM, 

14 including underrepresented and rural stu15 dents, in grades pre-kindergarten through 

16 8. 

17 ‘‘(B) REPORT ON EVALUATIONS.—Not 

18 later than 180 days after the completion of the 

19 evaluation under subparagraph (A), the Direc20 tor shall submit to Congress and make widely 

21 available to the public a report that includes— 

22 ‘‘(i) the results of the evaluation; and 

23 ‘‘(ii) any recommendations for admin24 istrative and legislative action that could 


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1 optimize the effectiveness of the program 

2 under this section. 

3 ‘‘(6) COORDINATION.—In carrying out this sec4 tion, the Director shall, for purposes of enhancing 

5 program effectiveness and avoiding duplication of ac6 tivities, consult, cooperate, and coordinate with the 

7 programs and policies of other relevant Federal 

8 agencies.’’. 

9 SEC. 806. AI TRAINEESHIPS AND FELLOWSHIPS. 

10 (a) ARTIFICIAL INTELLIGENCE TRAINEESHIPS.— 

11 (1) IN GENERAL.—The Director of the National 

12 Science Foundation shall award grants to institu13 tions of higher education to establish traineeship 

14 programs for graduate students who pursue artificial 

15 intelligence-related research leading to a masters or 

16 doctorate degree by providing funding and other as17 sistance, and by providing graduate students oppor18 tunities for research experiences in government or 

19 industry related to the students’ artificial intel20 ligence studies. 

21 (2) USE OF FUNDS.—An institution of higher 

22 education shall use grant funds provided under para23 graph (1) for the purposes of— 


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1 (A) providing traineeships to students who 

2 are pursuing research in artificial intelligence 

3 leading to a masters or doctorate degree; 

4 (B) paying tuition and fees for students 

5 receiving traineeships who are citizens, nation6 als, or lawfully admitted permanent resident 

7 aliens of the United States; 

8 (C) creating and requiring courses or 

9 training programs in technology ethics for stu10 dents receiving traineeships; 

11 (D) creating opportunities for research in 

12 technology ethics for students receiving 

13 traineeships; 

14 (E) establishing scientific internship pro15 grams for students receiving traineeships in ar16 tificial intelligence at for-profit institutions, 

17 nonprofit research institutions, or government 

18 laboratories; and 

19 (F) other costs associated with the admin20 istration of the program. 

21 (b) ARTIFICIAL INTELLIGENCE FELLOWSHIPS.—The 

22 Director of the National Science Foundation shall award 

23 fellowships to masters and doctoral students and 

24 postdoctoral researchers at institutions of higher edu25 cation who are pursuing degrees or research in artificial 


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1 intelligence and related fields, including in the field of 

2 technology ethics. In making such awards, the Director 

3 shall— 

4 (1) ensure recipients of artificial intelligence fel5 lowships are citizens, nationals, or lawfully admitted 

6 permanent resident aliens of the United States; and 

7 (2) conduct outreach, including through formal 

8 solicitations, to solicit proposals from students and 

9 postdoctoral researchers seeking to carry out re10 search in aspects of technology ethics with relevance 

11 to artificial intelligence systems. 

12 SEC. 807. CYBERSECURITY WORKFORCE DEVELOPMENT AT 

13 FEDERAL SCIENCE AGENCIES. 

14 (a) CYBERSECURITY WORKFORCE DEVELOPMENT AT

15 THE DEPARTMENT OF ENERGY.— 

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

17 shall support the development of a cybersecurity 

18 workforce through a program that— 

19 (A) facilitates collaboration between under20 graduate and graduate students, researchers at 

21 the National Laboratories (as defined in section 

22 2 of the Energy Policy Act of 2005), and the 

23 private sector; 

24 (B) prioritizes science and technology in 

25 areas relevant to the mission of the Department 


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1 of Energy through the design and application of 

2 cybersecurity technologies; 

3 (C) develops, or facilitates private sector 

4 development of, voluntary cybersecurity training 

5 and retraining standards, lessons, and rec6 ommendations for the energy sector that mini7 mize duplication of cybersecurity compliance 

8 training programs; and 

9 (D) maintains a public database of cyber10 security education, training, and certification 

11 programs. 

12 (2) COLLABORATION.—In carrying out the pro13 gram authorized in paragraph (1), the Secretary of 

14 Energy shall leverage programs and activities car15 ried out across the Department of Energy, other rel16 evant Federal agencies, institutions of higher edu17 cation, and other appropriate entities best suited to 

18 provide national leadership on cybersecurity related 

19 issues. 

20 (b) CYBERSECURITY IN DEPARTMENT OF TRANSPOR21 TATION PROGRAMS.— 

22 (1) UNIVERSITY TRANSPORTATION CENTERS

23 PROGRAM.—Section 5505 of title 49, United States 

24 Code, is amended— 


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1 (A) in subsection (a)(2)(C), by inserting 

2 ‘‘in the matters described in subparagraphs (A) 

3 through (G) of section 6503(c)(1)’’ after 

4 ‘‘transportation leaders’’; and 

5 (B) in subsection (c)(3)(E)— 

6 (i) by inserting ‘‘, including the cyber7 security implications of technologies relat8 ing to connected vehicles, connected infra9 structure, and autonomous vehicles’’ after 

10 ‘‘autonomous vehicles’’; and 

11 (ii) by striking ‘‘The Secretary’’ and 

12 inserting the following: 

13 ‘‘(1) IN GENERAL.—A regional university trans14 portation center receiving a grant under this para15 graph shall carry out research focusing on 1 or more 

16 of the matters described in subparagraphs (A) 

17 through (G) of section 6503(c)(1). 

18 ‘‘(2) FOCUSED OBJECTIVES.—The Secretary’’. 

19 (2) TRANSPORTATION RESEARCH AND DEVEL20 OPMENT 5-YEAR STRATEGIC PLAN.—Section 

21 6503(c)(1) of title 49, United States Code, is 

22 amended— 

23 (A) in subparagraph (E), by striking 

24 ‘‘and’’ at the end; 


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1 (B) in subparagraph (F), by inserting 

2 ‘‘and’’ after the semicolon at the end; and 

3 (C) by adding at the end the following: 

4 ‘‘(G) reducing transportation cybersecurity 

5 risks;’’. 

6 SEC. 808. BROADENING PARTICIPATION. 

7 (a) PRESIDENTIAL AWARDS FOR EXCELLENCE IN

8 MATHEMATICS AND SCIENCE TEACHING.—Section 

9 117(a)(1) of the National Science Foundation Authoriza10 tion Act of 1988 (42 U.S.C. 1881b(a)(1)) is amended— 

11 (1) in subparagraph (B)— 

12 (A) by striking ‘‘108’’ and inserting 

13 ‘‘110’’; 

14 (B) by striking clause (iv); 

15 (C) in clause (v), by striking the period at 

16 the end and inserting ‘‘; and’’; 

17 (D) by redesignating clauses (i), (ii), (iii), 

18 and (v) as subclauses (I), (II), (III), and (IV), 

19 respectively, and moving the margins of such 

20 subclauses (as so redesignated) two ems to the 

21 right; and 

22 (E) by striking ‘‘In selecting teachers’’ and 

23 all that follows through ‘‘two teachers—’’ and 

24 inserting the following: 


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1 ‘‘(C) In selecting teachers for an award au2 thorized by this subsection, the President shall 

3 select— 

4 ‘‘(i) at least two teachers—;’’; and 

5 (2) in subparagraph (C), as designated by para6 graph (1)(E), by adding at the end the following: 

7 ‘‘(ii) at least one teacher— 

8 ‘‘(I) from the Commonwealth of 

9 the Northern Mariana Islands; 

10 ‘‘(II) from American Samoa; 

11 ‘‘(III) from the Virgin Islands of 

12 the United States; and 

13 ‘‘(IV) from Guam.’’. 

14 (b) EFFECTIVE DATE.—The amendments made by 

15 subsection (a) shall apply with respect to awards made on 

16 or after the date of the enactment of this Act. 

17 TITLE IX—TECHNOLOGY 

18 TRANSFER AND INNOVATION 

19 SEC. 901. FEDERAL LABORATORY COMPUTER PROGRAMS 

20 UPDATE. 

21 (a) UTILIZATION OF FEDERAL TECHNOLOGY UP22 DATE.—Section 11 of the Stevenson-Wydler Technology 

23 Innovation Act of 1980 (15 U.S.C. 3710) is amended by 

24 adding at the end the following: 


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1 ‘‘(j)(1) COPYRIGHT PROTECTION.—Pursuant to sec2 tion 105(b)(1) of title 17, United States Code, and subject 

3 to the requirements therein, the director of any Govern4 ment-operated Federal laboratory may seek copyright pro5 tection on behalf of the United States in a work described 

6 in that section. 

7 ‘‘(2) GUIDELINES.—The Secretary is authorized to 

8 provide guidelines to implement paragraph (1) of this sec9 tion and to provide guidance for the management of works 

10 in which copyright protection is obtained.’’. 

11 (b) GOVERNMENT WORKS COPYRIGHT UPDATE.— 

12 Section 105 of title 17, United States Code, is amended— 

13 (1) by striking ‘‘Copyright protection’’ and in14 serting ‘‘(a) Copyright protection’’; and 

15 (2) by adding at the end the following: 

16 ‘‘(b) Notwithstanding subsection (a), copyright pro17 tection under this title is available for— 

18 ‘‘(1) a computer program that is a work of the 

19 United States Government and is created at a Fed20 eral laboratory, as defined in section 4 of the Ste21 venson-Wydler Technology Innovation Act of 1980 

22 (15 U.S.C. 3703), and which is a result of research, 

23 development, or engineering at the Federal labora24 tory, provided that the United States Government 

25 makes application for copyright registration under 


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1 section 409 pursuant to the authority granted under 

2 section 11(k) of such Act within 6 months from em3 ployee disclosure of the work to the Federal labora4 tory, and provided further that a certificate of reg5 istration is issued pursuant to section 410 of this 

6 title or following judicial review pursuant to chapter 

7 7 of title 5; and 

8 ‘‘(2) standard reference data prepared or made 

9 available by the Department of Commerce, provided 

10 the copyright is secured by the Secretary of Com11 merce in the manner set forth in section 6 of the 

12 Standard Reference Data Act (15 U.S.C. 290e).’’. 

13 SEC. 902. EXTEND CRADA INFORMATION PROTECTION PE14 RIOD. 

15 Section 12(c)(7)(B) of the Stevenson-Wydler Tech16 nology Innovation Act of 1980 (15 U.S.C. 

17 3710a(c)(7)(B)) is amended by striking ‘‘5’’ and inserting 

18 ‘‘12’’. 

19 SEC. 903. STEVENSON-WYDLER ACT AUTHORITY UPDATE. 

20 Section 11 of the Stevenson-Wydler Technology Inno21 vation Act of 1980 (15 U.S.C. 3710(g)) is amended to 

22 read as follows: 

23 ‘‘(g) FUNCTIONS OF SECRETARY.—The Secretary 

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1 nology Transfer comprising those agencies with at least 

2 one Federal laboratory to— 

3 ‘‘(1) share best practices for realizing the com4 mercial potential of inventions and methods and op5 tions for commercialization which are available to 

6 the Federal laboratories, including research and de7 velopment limited partnerships and cooperative re8 search and development agreements; and 

9 ‘‘(2) issue such guidelines as may be necessary 

10 to carry out this chapter, acting through the Direc11 tor of the National Institute of Standards and Tech12 nology and with the concurrence of the Interagency 

13 Working Group for Technology Transfer.’’. 

14 SEC. 904. ROYALTY PAYMENTS TO FEDERAL EMPLOYEES 

15 UPDATE. 

16 Section 14 of the Stevenson-Wydler Technology Inno17 vation Act of 1980 (15 U.S.C. 3710c) is amended— 

18 (1) by striking ‘‘inventions’’ each place the term 

19 appears and inserting ‘‘inventions or works’’; 

20 (2) by striking ‘‘invention’’ each place the term 

21 appears and inserting ‘‘invention or work’’; 

22 (3) by striking ‘‘inventors’’ each place the term 

23 appears and inserting ‘‘inventors or contributors’’; 

24 (4) in subsection (a)(1) after ‘‘shall be’’ insert25 ing ‘‘non-appropriated funds and shall be’’; 


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1 (5) in subsection (a)(1)(A)(i) inserting at the 

2 end ‘‘, or to the contributor or co-contributors if a 

3 certificate of copyright registration is issued to the 

4 United States’’; 

5 (6) in subsection (a)(1)(A)(ii) after ‘‘inventor 

6 of’’ inserting ‘‘or contributor to’’; 

7 (7) in subsection (a)(3) by striking ‘‘inventor’’ 

8 each place the term appears and inserting ‘‘inventor 

9 or contributor’’; 

10 (8) in subsection (a)(3) by striking ‘‘$150,000’’ 

11 each place the term appears and inserting 

12 ‘‘500,000’’; 

13 (9) at the end of subsection (a) by inserting the 

14 following new paragraph: 

15 ‘‘(5) Any royalties or other payments received by a 

16 Federal agency from the licensing and assignment of 

17 works under agreements entered into by Federal labora18 tories under section 12 of this Act, and from the licensing 

19 of works by Federal laboratories under any provision of 

20 law shall be retained by the agency licensing or assigning 

21 the work on behalf of the United States Government and 

22 shall be disposed of after payment of any copyright reg23 istration cots. The head of the agency is authorized to dis24 pose of such royalties or other payments through transfer 

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1 jority share of the royalties or other payments from any 

2 copyright going to the bureau or laboratory where or for 

3 which the copyrighted work was made. 

4 ‘‘(A) The royalties or other payments so trans5 ferred to any bureau or laboratory may be used or 

6 obligated by that bureau or laboratory during the 

7 fiscal year in which they are received or during the 

8 2 succeeding fiscal years— 

9 ‘‘(i) to reward contributors of copyrighted 

10 computer programs; 

11 ‘‘(ii) to further information exchange 

12 among bureaus and laboratories of the agency 

13 or with another agency; 

14 ‘‘(iii) for education and training of employ15 ees consistent with the missions and objectives 

16 of the agency, bureau, or laboratory; 

17 ‘‘(iv) for payment of expenses incidental to 

18 the administration and licensing of intellectual 

19 property by the agency or laboratory with re20 spect to copyrighted computer programs made 

21 at that bureau or laboratory, including the fees 

22 or other costs for the services of other agencies, 

23 persons, or organizations for intellectual prop24 erty management and licensing services; or 


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1 ‘‘(v) for scientific research and develop2 ment consistent with the research and develop3 ment missions and objectives of the bureau or 

4 laboratory. 

5 ‘‘(B) All royalties or other payments retained 

6 by the agency, bureau, or laboratory after payments 

7 have been made pursuant to subparagraph (A) that 

8 is unobligated and unexpended at the end of the sec9 ond fiscal year succeeding the fiscal year in which 

10 the royalties and other payments were received shall 

11 be paid into the Treasury. 

12 ‘‘(C) As used in the section, the term ‘contrib13 utor’ means a laboratory employee who is a creator 

14 of an original expression in a copyrighted computer 

15 program.’’; and 

16 (10) in subsection (a)(1)(B)— 

17 (A) by striking ‘‘; or’’ at the end of clause 

18 (iv) and inserting a semicolon; 

19 (B) by striking the period at the end of 

20 clause (v) and inserting ‘‘; or’’; and 

21 (C) by inserting at the end the following: 

22 ‘‘(vi) for the acquisition, administra23 tion and licensing of intellectual prop24 erty.’’. 


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1 SEC. 905. GOVERNMENT INTELLECTUAL PROPERTY CLARI2 FICATION. 

3 Section 15 of the Stevenson-Wydler Technology Inno4 vation Act of 1980 (15 U.S.C. 3710d) is amended in sub5 section (a) to read as follows: 

6 ‘‘(a) IN GENERAL.— 

7 ‘‘(1) INVENTION RIGHTS.—The Government 

8 shall obtain the entire right, title and interest in and 

9 to all inventions made by any Federal employee— 

10 ‘‘(A) during working hours; 

11 ‘‘(B) with a contribution by the Govern12 ment of facilities, equipment, materials, funds, 

13 or information, or of time or services of other 

14 Federal employees on official duty; or 

15 ‘‘(C) within his or her field of research or 

16 within his or her official employment responsi17 bility and activity. 

18 ‘‘(2) DISCLOSURE.—Any invention made by a 

19 Federal employee as described in paragraph (1) shall 

20 be disclosed by the Federal employee to the agency 

21 that employs the Federal employee within 10 months 

22 of the earlier of the date of conception or actual re23 duction to practice of the invention. The Govern24 ment shall obtain the entire right, title, and interest 

25 in and to any invention conceived or actually re26 duced to practice by a Federal employee that is not 


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1 disclosed to the Government within 10 months or 

2 shorter disclosure period required by agency regula3 tion, from the earlier of the date of conception or ac4 tual reduction to practice of the invention. 

5 ‘‘(3) PRESUMPTION.—Any invention made by a 

6 Federal employee as described in paragraph (1) shall 

7 be presumed to be owned by the Government, and 

8 the Federal employee shall assign the entire right, 

9 title, and interest in and to the invention to the Gov10 ernment. A Federal employee that disagrees with the 

11 presumption of ownership and obligation of assign12 ment may request, from the agency employing the 

13 Federal employee, a determination of rights in and 

14 to the invention and shall do so within 30 days of 

15 the disclosure pursuant to paragraph (2), which may 

16 be extended by the head of an agency for good cause 

17 shown. The request shall provide all grounds and 

18 justification for leaving rights with the Federal em19 ployee. If the request is not made by the employee 

20 within the 30-day or extended period, the Govern21 ment shall retain all right, title, and interest to the 

22 invention, and the Federal employee shall assign the 

23 entire right, title, and interest in and to the inven24 tion to the Government. 


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1 ‘‘(4) PATENT RIGHTS.—If a Federal agency 

2 which has ownership of or the right of ownership to 

3 an invention made by a Federal employee does not 

4 intend to file for a patent application or otherwise 

5 promote commercialization of such invention, the 

6 agency shall (upon request) allow the inventor, if the 

7 inventor is a Federal employee or former employee 

8 who made the invention during the course of employ9 ment with the Government, to obtain or retain title 

10 to the invention (subject to reservation by the Gov11 ernment of a nonexclusive, nontransferable, irrev12 ocable, paid-up license to practice the invention or 

13 have the invention practiced throughout the world by 

14 or on behalf of the Government). In addition, the 

15 agency may condition the inventor’s right to title on 

16 the timely filing of a patent application. 

17 ‘‘(5) COMPUTER PROGRAM DISCLOSURE.—Any 

18 computer program that is a work of the United 

19 States Government and is created at a Federal lab20 oratory within section 105(b)(1) of title 17, United 

21 States Code, shall be disclosed by the Federal em22 ployee who created such program to the Federal lab23 oratory that employs the Federal employee. 

24 ‘‘(6) AUTHOR RIGHTS.—Any program described 

25 in paragraph (5) prepared by a Federal employee 


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1 within the scope of his or her employment shall be 

2 considered a work made for hire and the Govern3 ment shall be the author. A Federal employee who 

4 discloses as required under paragraph (5) but who 

5 contests that the Government is the author may re6 quest, from the agency employing the Federal em7 ployee, a determination of rights in and to the pro8 gram and shall do so within 30 days of the disclo9 sure pursuant to paragraph (5), which may be ex10 tended by the head of an agency for good cause 

11 shown. The request shall provide all grounds and 

12 justification for leaving rights with the Federal em13 ployee. If the request is not made by the Federal 

14 employee within the 30-day period, the Government 

15 shall remain and shall be the author of such pro16 gram. 

17 ‘‘(7) REPORTING EXEMPTION.—Such reporting 

18 requirements shall not apply to Federal employees 

19 who are otherwise prohibited from applying for or 

20 obtaining a patent. The Secretary may issue guide21 lines to implement this section.’’. 

22 SEC. 906. CLARIFYING CRADA AUTHORITY. 

23 Section 12 of the Stevenson-Wydler Technology Inno24 vation Act of 1980 (15 U.S.C. 3710a) is amended— 


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1 (1) by inserting at the end of the section the 

2 following new subsection: 

3 ‘‘(h) PATENT OBLIGATION.—Under an agreement 

4 entered into pursuant to this section, there is an obligation 

5 on the part of the collaborating party, in the event a 

6 United States patent application is filed by or on behalf 

7 of the collaborating party or by any assignee of the col8 laborating party, to include within the specification of 

9 such application and any patent issuing thereon, a state10 ment specifying that the invention was made with Govern11 ment support and that the Government has certain rights 

12 in the invention.’’; and 

13 (2) by striking subsection (d). 

14 SEC. 907. EXPANSION OF AGREEMENTS FOR COMMER15 CIALIZING TECHNOLOGY AUTHORITY. 

16 The Stevenson-Wydler Technology Innovation Act of 

17 1980 (15 U.S.C. 3701 et seq.) is amended by inserting 

18 after section 14 the following: 

19 ‘‘SEC. 14A. AGREEMENTS FOR COMMERCIALIZING TECH20 NOLOGY. 

21 ‘‘(a) AGREEMENTS WITH NON-FEDERAL ENTI22 TIES.—The head of each Federal agency may permit the 

23 director of any of its Government-owned, contractor-oper24 ated laboratories to perform work for non-Federal entities 

25 (sponsors) on a fully reimbursable basis and to execute 


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1 agreements with a non-Federal entity, including a non2 Federal entity already receiving Federal funding that will 

3 be used to support activities under the agreements, pro4 vided that such funding is solely used to carry out the 

5 purposes of the Federal award. 

6 ‘‘(b) RESTRICTION.—The requirements of chapter 18 

7 of title 35, United States Code (commonly known as the 

8 ‘Bayh-Dole Act’), shall apply if— 

9 ‘‘(1) the agreement is a funding agreement (as 

10 that term is defined in section 201 of such title); 

11 and 

12 ‘‘(2) at least one of the parties to the funding 

13 agreement is eligible to receive rights under that 

14 chapter. 

15 ‘‘(c) SUBMISSION TO AGENCY.—Each affected direc16 tor of a Government-owned, contractor-operated labora17 tory shall submit to the head of the Federal agency, with 

18 respect to each agreement entered into under this sec19 tion— 

20 ‘‘(1) a summary of information relating to the 

21 relevant project; 

22 ‘‘(2) the total estimated costs of the project; 

23 ‘‘(3) estimated commencement and completion 

24 dates of the project; and 


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1 ‘‘(4) other documentation determined to be ap2 propriate by the head of the Federal agency. 

3 ‘‘(d) CERTIFICATION.—The head of the Federal 

4 agency shall require the contractor of the affected Govern5 ment-owned, contractor-operated laboratory to certify that 

6 each activity carried out under a project for which an 

7 agreement is entered into under this section— 

8 ‘‘(1) is not in direct competition with the pri9 vate sector; and 

10 ‘‘(2) does not present, or minimizes, any appar11 ent conflict of interest, and avoids or neutralizes any 

12 actual conflict of interest, as a result of the agree13 ment under this section. 

14 ‘‘(e) LIMITATION.—This authority only pertains to 

15 Federal agencies that do not have agency-specific authori16 ties for Agreements for Commercializing Technology else17 where in statute.’’. 

18 SEC. 908. OTHER TRANSACTION AUTHORITY. 

19 The Stevenson-Wydler Technology Innovation Act of 

20 1980 (15 U.S.C. 3701 et seq.) is amended by inserting 

21 after section 15 the following: 

22 ‘‘SEC. 15A. OTHER TRANSACTIONS. 

23 ‘‘(a) GENERAL AUTHORITY.— 

24 ‘‘(1) PERMISSION.—Each Federal agency may 

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1 ated Federal laboratories to enter into such other 

2 transactions as may be necessary in the conduct of 

3 the work of the Federal laboratory and on such 

4 terms as the director of the Federal laboratory con5 siders appropriate, in furtherance of the purposes of 

6 this Act. 

7 ‘‘(2) DISCLOSURE.—The Federal agency may 

8 protect from disclosure, for up to 12 years after the 

9 date on which the information is developed, any in10 formation developed pursuant to a transaction under 

11 this section that would be protected from disclosure 

12 under section 552(b)(4) of title 5, United States 

13 Code, if obtained from a person other than a Fed14 eral agency. 

15 ‘‘(3) AUTHORITY LIMITATION.—This authority 

16 only pertains to Federal agencies that do not have 

17 agency-specific authorities for other transactions 

18 elsewhere in statute. 

19 ‘‘(b) LIMITATIONS.—A Federal laboratory using the 

20 authorities granted in subsection (a) may only enter into 

21 such other transactions when— 

22 ‘‘(1) a warranted contracting officer determines 

23 that use of other authority of the Federal agency 

24 would be insufficient to achieve the purposes of this 

25 Act; and 


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1 ‘‘(2) use of such other transaction is approved 

2 by the Federal agency.’’. 

3 SEC. 909. NONPROFIT FOUNDATIONS. 

4 The Stevenson-Wydler Technology Innovation Act of 

5 1980 (15 U.S.C. 3701 et seq.) is amended by adding after 

6 section 28 the following: 

7 ‘‘SEC. 29. FOUNDATIONS. 

8 ‘‘(a) IN GENERAL.—A Government-owned Federal 

9 laboratory may establish or enter into an agreement with 

10 a nonprofit organization to establish a Federal laboratory 

11 Foundation in support of its mission. Such a Foundation 

12 shall not be an agency or instrumentality of the United 

13 States Government, and the United States shall not be 

14 liable for any debts, defaults, acts, or omissions of the 

15 Foundation. 

16 ‘‘(b) PURPOSE.—The purpose of a Foundation estab17 lished under this section shall be to support the Govern18 ment-owned Federal laboratory in its mission. 

19 ‘‘(c) ACTIVITIES.—Activities of the Foundation may 

20 include the following: 

21 ‘‘(1) The receipt, administration, solicitation, 

22 acceptance and use of funds, gifts, devises, or be23 quests, either absolutely or in trust of real or per24 sonal property or any income therefrom or other in25 terest or equity therein for the benefit of, or in conVerDate Sep 11 2014 23:02 May 19, 2021 Jkt 019200 PO 00000 Frm 00239 Fmt 6652 Sfmt 6201 E:\BILLS\H2153.IH H2153

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1 nection with, the mission of the Government-owned 

2 Federal laboratory. A gift, devise, or bequest may be 

3 accepted by the Foundation even though it is encum4 bered, restricted, or subject to beneficial interests of 

5 private persons if any current or future interest 

6 therein is for the benefit of the Federal laboratory 

7 in its research and development activities. Contribu8 tions, gifts, and other transfers made to or for the 

9 use of a Foundation established under this section 

10 shall be regarded as contributions, gifts, or transfers 

11 to or for the use of the United States. 

12 ‘‘(2) The conduct of support studies, competi13 tions, projects, research and other activities that fur14 ther the purposes of the Foundation. 

15 ‘‘(3) Programs for fostering collaboration and 

16 partnerships with researches from the Federal and 

17 State governments, institutions of higher education, 

18 federally funded research and development centers, 

19 industry and nonprofit organizations for the re20 search, development or commercialization of feder21 ally supported technologies. 

22 ‘‘(4) Programs for leveraging technologies to 

23 support new product development that supports re24 gional economic development. 


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1 ‘‘(5) Administering prize competitions to accel2 erate private sector competition and investment. 

3 ‘‘(6) Provision of fellowships and grants to re4 search and development personnel at, or affiliated 

5 with, federally funded centers. Such fellowships and 

6 grants may include stipends, travel, health insurance 

7 benefits and other appropriate expenses. The recipi8 ents of fellowships shall be selected by the donors 

9 and the Foundation upon the recommendation of the 

10 employees in the Federal laboratory where the fellow 

11 would serve, and shall be subject to agreement of the 

12 head of the agency whose mission is supported by 

13 the Foundation. 

14 ‘‘(7) Supplementary programs to provide for— 

15 ‘‘(A) scientists of other countries to serve 

16 in research capacities in the United States in 

17 association with the Federal laboratory whose 

18 mission the Foundation supports, or elsewhere, 

19 or opportunities for employees of the Federal 

20 laboratory whose mission the Foundation sup21 ports to serve in such capacities in other coun22 tries, or both; 

23 ‘‘(B) the conduct and support of studies, 

24 projects, and research, that may include sti25 pends, travel and other support for personnel in 


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1 collaboration with national and international 

2 nonprofit and for-profit organizations; 

3 ‘‘(C) the conduct and support of forums, 

4 meetings, conferences, courses, and training 

5 workshops that may include undergraduate, 

6 graduate, post-graduate, and post-doctoral ac7 credited courses and the maintenance of accred8 itation of such courses by the Foundation at 

9 the State and national level for college or con10 tinuing education credits or for degrees; 

11 ‘‘(D) programs to support and encourage 

12 teachers and students of science at all levels of 

13 education and programs for the general public 

14 which promote the understanding of science; 

15 ‘‘(E) programs for writing, editing, print16 ing, publishing, and vending of books and other 

17 materials; and 

18 ‘‘(F) the conduct of other activities to 

19 carry out and support the purpose described in 

20 subsection (b). 

21 ‘‘(d) TRANSFER OF FUNDS.—Notwithstanding any 

22 other provision of law, a Foundation established under 

23 this section may transfer funds to the Government-owned 

24 Federal laboratory and the Government-owned Federal 


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1 laboratory may accept transfers of funds from the Foun2 dation.’’. 

3 SEC. 910. IMPROVING REPORTING AND METRICS. 

4 Section 11 of the Stevenson-Wydler Technology Inno5 vation Act of 1980 (15 U.S.C. 3710) is amended by strik6 ing subsections (f) and (g) and inserting the following: 

7 ‘‘(f) AGENCY REPORTS ON UTILIZATION.— 

8 ‘‘(1) IN GENERAL.—Each Federal agency which 

9 operates or directs one or more Federal laboratories 

10 or which conducts activities under subsection (k) of 

11 this section or sections 207 and 209 of title 35, 

12 United States Code, shall report annually to the Of13 fice of Management and Budget, on the activities 

14 performed by that agency and its Federal labora15 tories under the provisions of this section and of sec16 tions 207 and 209 of such title 35. 

17 ‘‘(2) CONTENTS.—The report shall include— 

18 ‘‘(A) an explanation of the agency’s tech19 nology transfer activities for the preceding fis20 cal year and the agency’s plans to manage inno21 vations with commercial promise consistent with 

22 the agency’s mission and benefitting the com23 petitiveness of United States industry; and 


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1 ‘‘(B) information on technology transfer 

2 activities for the preceding fiscal year, includ3 ing— 

4 ‘‘(i) the number of patent applications 

5 filed; 

6 ‘‘(ii) the number of patents received; 

7 ‘‘(iii) the number of works registered 

8 for copyright protection in the United 

9 States on behalf of the United States, pur10 suant to section 105(b) of title 17, United 

11 States Code; 

12 ‘‘(iv) the number of fully-executed li13 censes which received income from licens14 ing in the preceding fiscal year; 

15 ‘‘(v) the total income from licensing; 

16 ‘‘(vi) the number of licenses termi17 nated for cause; 

18 ‘‘(vii) the number of collaborative re19 search and development relationships; and 

20 ‘‘(viii) any other parameters or discus21 sion that the agency deems relevant or 

22 unique to its practice of technology trans23 fer. 

24 ‘‘(3) COPY TO SECRETARY.—The agency shall 

25 transmit a copy of the report to the Secretary of 


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1 Commerce for inclusion in the annual summary re2 quired by subsection (g)(2). 

3 ‘‘(4) PUBLIC AVAILABILITY.—Each Federal 

4 agency reporting under this subsection shall make 

5 available to the public through internet sites, up6 dated at least annually— 

7 ‘‘(A) the information contained in such re8 port; 

9 ‘‘(B) information on intellectual property 

10 which is available for licensing from the Federal 

11 agency; and 

12 ‘‘(C) information on Federal research and 

13 development programs, facilities, equipment and 

14 tools, expertise, services, and other relevant as15 sets which are made available to the public by 

16 the Federal agency. 

17 ‘‘(5) PUBLICATION BY NIST.—The Director of 

18 the National Institute of Standards and Technology 

19 is authorized to provide the summary required by 

20 subsection (g)(2) to the public through internet 

21 sites.’’. 

22 SEC. 911. INNOVATIVE APPROACHES TO TECHNOLOGY 

23 TRANSFER. 

24 Section 9(jj) of the Small Business Act (15 U.S.C. 

25 638(jj)) is amended to read as follows: 


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1 ‘‘(jj) INNOVATIVE APPROACHES TO TECHNOLOGY

2 TRANSFER.— 

3 ‘‘(1) GRANT PROGRAM.— 

4 ‘‘(A) IN GENERAL.—Each Federal agency 

5 required by subsection (n) to establish an 

6 STTR program shall carry out a grant program 

7 to support innovative approaches to technology 

8 transfer at institutions of higher education (as 

9 defined in section 101(a) of the Higher Edu10 cation Act of 1965 (20 U.S.C. 1001(a))), non11 profit research institutions and Federal labora12 tories in order to accelerate the commercializa13 tion of federally funded research and technology 

14 by small business concerns, including new busi15 nesses. 

16 ‘‘(B) AWARDING OF GRANTS AND

17 AWARDS.— 

18 ‘‘(i) IN GENERAL.—Each Federal 

19 agency required by subparagraph (A) to 

20 participate in this program, shall award, 

21 through a competitive, merit-based process, 

22 grants, in the amounts listed in subpara23 graph (C) to institutions of higher edu24 cation, technology transfer organizations 

25 that facilitate the commercialization of 


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1 technologies developed by one or more such 

2 institutions of higher education, Federal 

3 laboratories, other public and private non4 profit entities, and consortia thereof, for 

5 initiatives that help identify high-quality, 

6 commercially viable federally funded re7 search and technologies and to facilitate 

8 and accelerate their transfer into the mar9 ketplace. 

10 ‘‘(ii) USE OF FUNDS.—Activities sup11 ported by grants under this subsection 

12 may include— 

13 ‘‘(I) providing early-stage proof 

14 of concept funding for translational 

15 research; 

16 ‘‘(II) identifying research and 

17 technologies at recipient institutions 

18 that have the potential for accelerated 

19 commercialization; 

20 ‘‘(III) technology maturation 

21 funding to support activities such as 

22 prototype construction, experiment 

23 analysis, product comparison, and col24 lecting performance data; 


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1 ‘‘(IV) technical validations, mar2 ket research, clarifying intellectual 

3 property rights position and strategy, 

4 and investigating commercial and 

5 business opportunities; and 

6 ‘‘(V) programs to provide advice, 

7 mentoring, entrepreneurial education, 

8 project management, and technology 

9 and business development expertise to 

10 innovators and recipients of tech11 nology transfer licenses to maximize 

12 commercialization potential. 

13 ‘‘(iii) SELECTION PROCESS AND AP14 PLICATIONS.—Qualifying institutions seek15 ing a grant under this subsection shall 

16 submit an application to a Federal agency 

17 required by subparagraph (A) to partici18 pate in this program at such time, in such 

19 manner, and containing such information 

20 as the agency may require. The application 

21 shall include, at a minimum— 

22 ‘‘(I) a description of innovative 

23 approaches to technology transfer, 

24 technology development, and commer25 cial readiness that have the potential 


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1 to increase or accelerate technology 

2 transfer outcomes and can be adopted 

3 by other qualifying institutions, or a 

4 demonstration of proven technology 

5 transfer and commercialization strate6 gies, or a plan to implement proven 

7 technology transfer and commer8 cialization strategies, that can achieve 

9 greater commercialization of federally 

10 funded research and technologies with 

11 program funding; 

12 ‘‘(II) a description of how the 

13 qualifying institution will contribute 

14 to local and regional economic devel15 opment efforts; and 

16 ‘‘(III) a plan for sustainability 

17 beyond the duration of the funding 

18 award. 

19 ‘‘(iv) PROGRAM OVERSIGHT

20 BOARDS.— 

21 ‘‘(I) IN GENERAL.—Successful 

22 proposals shall include a plan to as23 semble a Program Oversight Board, 

24 the members of which shall have tech25 nical, scientific, or business expertise 


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1 and shall be drawn from industry, 

2 start-up companies, venture capital, 

3 technical enterprises, financial institu4 tions, and business development orga5 nizations. 

6 ‘‘(II) PROGRAM OVERSIGHT

7 BOARDS RESPONSIBILITIES.—Pro8 gram Oversight Boards shall— 

9 ‘‘(aa) establish award pro10 grams for individual projects; 

11 ‘‘(bb) provide rigorous eval12 uation of project applications; 

13 ‘‘(cc) determine which 

14 projects should receive awards, in 

15 accordance with guidelines estab16 lished under subparagraph 

17 (C)(ii); 

18 ‘‘(dd) establish milestones 

19 and associated award amounts 

20 for projects that reach mile21 stones; 

22 ‘‘(ee) determine whether 

23 awarded projects are reaching 

24 milestones; and 


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1 ‘‘(ff) develop a process to re2 allocate outstanding award 

3 amounts from projects that are 

4 not reaching milestones to other 

5 projects with more potential. 

6 ‘‘(C) GRANT AND AWARD AMOUNTS.— 

7 ‘‘(i) GRANT AMOUNTS.—Each Federal 

8 agency required by subparagraph (A) to 

9 carry out a grant program may make 

10 grants to a qualifying institution for up to 

11 $1,000,000 per year for up to 3 years. 

12 ‘‘(ii) AWARD AMOUNTS.—Each quali13 fying institution that receives a grant 

14 under subparagraph (B) shall provide 

15 awards for individual projects of not more 

16 than $150,000, to be provided in phased 

17 amounts, based on reaching the milestones 

18 established by the qualifying institution’s 

19 Program Oversight Board. 

20 ‘‘(D) AUTHORIZED EXPENDITURES FOR

21 INNOVATIVE APPROACHES TO TECHNOLOGY

22 TRANSFER GRANT PROGRAM.— 

23 ‘‘(i) PERCENTAGE.—The percentage 

24 of the extramural budget each Federal 

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1 lish an STTR program shall expend on the 

2 Innovative Approaches to Technology 

3 Transfer Grant Program shall be— 

4 ‘‘(I) 0.05 percent for each of fis5 cal years 2012 and 2013; and 

6 ‘‘(II) 0.1 percent for each of fis7 cal years 2014 and 2015. 

8 ‘‘(ii) TREATMENT OF EXPENDI9 TURES.—Any portion of the extramural 

10 budget expended by a Federal agency on 

11 the Innovative Approaches to Technology 

12 Transfer Grant Program shall apply to13 wards the agency’s expenditure require14 ments under subsection (n). 

15 ‘‘(2) PROGRAM EVALUATION AND DATA COL16 LECTION AND DISSEMINATION.— 

17 ‘‘(A) EVALUATION PLAN AND DATA COL18 LECTION.—Each Federal agency required by 

19 paragraph (1)(A) to establish an Innovative Ap20 proaches to Technology Transfer Grant Pro21 gram shall develop a program evaluation plan 

22 and collect annually such information from 

23 grantees as is necessary to assess the Program. 

24 Program evaluation plans shall require the col25 lection of data aimed at identifying outcomes 


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1 resulting from the transfer of technology with 

2 assistance from the Innovative Approaches to 

3 Technology Transfer Grant Program, such as— 

4 ‘‘(i) specific follow-on funding identi5 fied or obtained, including follow-on fund6 ing sources, such as Federal sources or 

7 private sources; 

8 ‘‘(ii) number of projects which result 

9 in a license to a start-up company or an 

10 established company with sufficient re11 sources for effective commercialization 

12 within 5 years of receiving an award under 

13 paragraph (1); 

14 ‘‘(iii) invention disclosures and pat15 ents; 

16 ‘‘(iv) number of projects supported by 

17 qualifying institutions receiving a grant 

18 under paragraph (1) that secure Phase I 

19 or Phase II SBIR or STTR awards; 

20 ‘‘(v) available information on revenue, 

21 sales or other measures of products that 

22 have been commercialized as a result of 

23 projects awarded under paragraph (1); 


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1 ‘‘(vi) number and location of jobs cre2 ated resulting from projects awarded under 

3 paragraph (1); and 

4 ‘‘(vii) other data as deemed appro5 priate by a Federal agency required by this 

6 subparagraph to develop a program evalua7 tion plan. 

8 ‘‘(B) EVALUATIVE REPORT TO CON9 GRESS.—The head of each Federal agency that 

10 participates in the Innovative Approaches to 

11 Technology Transfer Grant Program shall sub12 mit to the Committee on Science, Space, and 

13 Technology and the Committee on Small Busi14 ness of the House of Representatives and the 

15 Committee on Small Business and Entrepre16 neurship of the Senate an evaluative report re17 garding the activities of the program. The re18 port shall include— 

19 ‘‘(i) a detailed description of the im20 plementation of the program; 

21 ‘‘(ii) a detailed description of the 

22 grantee selection process; 

23 ‘‘(iii) an accounting of the funds used 

24 in the program; and 


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1 ‘‘(iv) a summary of the data collected 

2 under subparagraph (A). 

3 ‘‘(C) DATA DISSEMINATION.—For the pur4 poses of program transparency and dissemina5 tion of best practices, the Administrator shall 

6 include on the public database under subsection 

7 (k)(1) information on the Innovative Ap8 proaches to Technology Transfer Grant Pro9 gram, including— 

10 ‘‘(i) the program evaluation plan re11 quired under subparagraph (A); 

12 ‘‘(ii) a list of recipients of awards 

13 under paragraph (1); and 

14 ‘‘(iii) information on the use of grants 

15 under paragraph (1) by recipient institu16 tions.’’. 

17 SEC. 912. DOE PUBLIC-PRIVATE PARTNERSHIPS FOR COM18 MERCIALIZATION. 

19 (a) IN GENERAL.—Subject to subsections (b) and (c), 

20 the Secretary of Energy shall delegate to directors of the 

21 National Laboratories signature authority with respect to 

22 any agreement described in subsection (b) the total cost 

23 of which (including the National Laboratory contributions 

24 and project recipient cost share) is less than $1,000,000, 

25 if such an agreement falls within the scope of— 


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1 (1) a strategic plan for the National Laboratory 

2 that has been approved by the Department of En3 ergy; or 

4 (2) the most recent congressionally approved 

5 budget for Department of Energy activities to be 

6 carried out by the National Laboratory. 

7 (b) AGREEMENTS.—Subsection (a) applies to— 

8 (1) a cooperative research and development 

9 agreement; 

10 (2) a non-Federal work-for-others agreement; 

11 and 

12 (3) any other agreement determined to be ap13 propriate by the Secretary of Energy, in collabora14 tion with the directors of the National Laboratories. 

15 (c) ADMINISTRATION.— 

16 (1) ACCOUNTABILITY.—The director of the af17 fected National Laboratory and the affected con18 tractor shall carry out an agreement under this sec19 tion in accordance with applicable policies of the De20 partment of Energy, including by ensuring that the 

21 agreement does not compromise any national secu22 rity, economic, or environmental interest of the 

23 United States. 

24 (2) CERTIFICATION.—The director of the af25 fected National Laboratory and the affected conVerDate Sep 11 2014 23:02 May 19, 2021 Jkt 019200 PO 00000 Frm 00256 Fmt 6652 Sfmt 6201 E:\BILLS\H2153.IH H2153

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1 tractor shall certify that each activity carried out 

2 under a project for which an agreement is entered 

3 into under this section does not present, or mini4 mizes, any apparent conflict of interest, and avoids 

5 or neutralizes any actual conflict of interest, as a re6 sult of the agreement under this section. 

7 (3) AVAILABILITY OF RECORDS.—Within 30 

8 days of entering an agreement under this section, 

9 the director of a National Laboratory shall submit 

10 to the Secretary of Energy for monitoring and re11 view all records of the National Laboratory relating 

12 to the agreement. 

13 (4) RATES.—The director of a National Lab14 oratory may charge higher rates for services per15 formed under a partnership agreement entered into 

16 pursuant to this section, regardless of the full cost 

17 of recovery, if such funds are used exclusively to 

18 support further research and development activities 

19 at the respective National Laboratory. 

20 (d) EXCEPTION.—This section does not apply to any 

21 agreement with a majority foreign-owned company. 

22 (e) CONFORMING AMENDMENT.—Section 12 of the 

23 Stevenson-Wydler Technology Innovation Act of 1980 (15 

24 U.S.C. 3710a) is amended— 

25 (1) in subsection (a)— 


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1 (A) by redesignating paragraphs (1) and 

2 (2) as subparagraphs (A) and (B), respectively; 

3 (B) by striking ‘‘Each Federal agency’’ 

4 and inserting the following: 

5 ‘‘(1) IN GENERAL.—Except as provided in para6 graph (2), each Federal agency’’; and 

7 (C) by adding at the end the following: 

8 ‘‘(2) EXCEPTION.—Notwithstanding paragraph 

9 (1), in accordance with section 813(a) of the Secur10 ing American Leadership in Science and Technology 

11 Act of 2021, approval by the Secretary of Energy 

12 shall not be required for any technology transfer 

13 agreement proposed to be entered into by a National 

14 Laboratory of the Department of Energy, the total 

15 cost of which (including the National Laboratory 

16 contributions and project recipient cost share) is less 

17 than $1,000,000.’’; and 

18 (2) in subsection (b), by striking ‘‘subsection 

19 (a)(1)’’ each place it appears and inserting ‘‘sub20 section (a)(1)(A)’’. 

21 (f) SAVINGS CLAUSE.—Nothing in this section or an 

22 amendment made by this section abrogates or otherwise 

23 affects the primary responsibilities of any National Lab24 oratory to the Department of Energy. 


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1 SEC. 913. DEPARTMENT OF ENERGY FOUNDATION. 

2 (a) DEFINITIONS.—In this section: 

3 (1) BOARD.—The term ‘‘Board’’ means the 

4 Board of Directors for the Foundation described in 

5 section 3(c). 

6 (2) CHAIR.—The term ‘‘Chair’’ means the 

7 Chair of the Board described in section 3(c)(2). 

8 (3) EXECUTIVE DIRECTOR.—The term ‘‘Execu9 tive Director’’ means the Executive Director of the 

10 Board described in section 3(f)(2). 

11 (4) FOUNDATION.—The term ‘‘Foundation’’ 

12 means the Energy Foundation established under sec13 tion 3(a). 

14 (5) SECRETARY.—The term ‘‘Secretary’’ means 

15 the Secretary of Energy. 

16 (b) ESTABLISHMENT OF ENERGY FOUNDATION.— 

17 (1) IN GENERAL.—Not later than December 31, 

18 2021, the Secretary shall establish a nonprofit cor19 poration to be known as the Energy Foundation re20 ferred to in this section as ‘‘the Foundation’’. 

21 (2) LIMITATION.—The Foundation shall not be 

22 an agency or instrumentality of the Federal Govern23 ment. 

24 (3) NONAPPLICABILITY OF FACA.—The Federal 

25 Advisory Committee Act (5 U.S.C. App.) shall not 

26 apply to the Foundation. 


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1 (4) NONPROFIT STATUS.—The Foundation 

2 shall be an organization described in section 501(c) 

3 of the Internal Revenue Code of 1986 and exempt 

4 from taxation under section 501(a) of that Code. 

5 (5) BOARD OF DIRECTORS.— 

6 (A) IN GENERAL.—The Foundation shall 

7 operate under a board of directors. 

8 (B) INITIAL APPOINTMENT.—The initial 

9 appointment of the board of directors shall be 

10 facilitated by the Secretary. 

11 (C) COMPOSITION.—To the maximum ex12 tent practicable, the board of directors shall in13 clude representatives from a diverse range of 

14 communities, including— 

15 (i) the academic community; 

16 (ii) the business community; 

17 (iii) nonprofit organizations; 

18 (iv) the communities surrounding the 

19 laboratories and facilities of the Depart20 ment; and 

21 (v) the technology transfer and com22 mercialization community. 

23 (D) RESTRICTION ON MEMBERSHIP.—No 

24 employee of the Department shall be appointed 

25 as a member of the board of directors. 


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1 (6) PURPOSE AND ACTIVITIES OF FOUNDA2 TION.—The purpose of the Foundation is to channel 

3 private sector investments that support efforts to 

4 create, develop, and commercialize innovative tech5 nologies that address diverse energy challenges, by 

6 methods that may include— 

7 (A) fostering collaboration and partner8 ships between the Federal Government, State 

9 governments, institutions of higher education, 

10 federally funded research and development cen11 ters, industry, and nonprofit organizations for 

12 the research, development, or commercialization 

13 of next-generation energy technologies; 

14 (B) leveraging technologies to support new 

15 product development that supports regional in16 novation and economic development; and 

17 (C) administering prize competitions to ac18 celerate private sector competition and invest19 ment. 

20 (7) ACTIVITIES.— 

21 (A) IN GENERAL.—The Foundation may 

22 solicit and accept gifts, grants, and other dona23 tions, establish accounts, and invest and expend 

24 funds in support of the programs and activities 

25 described in subparagraphs (B) through (D). 


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1 (B) STUDIES, COMPETITIONS, AND

2 PROJECTS.—The Foundation may conduct and 

3 support studies, competitions, projects, re4 search, development, commercialization, and 

5 other activities that further the purpose of the 

6 Foundation described in paragraph (1). 

7 (C) FELLOWSHIPS AND GRANTS.—The 

8 Foundation may award fellowships and grants 

9 to recipients selected under clause (iii) for ac10 tivities relating to research, development, proto11 typing, maturing, or commercializing of energy 

12 technologies. 

13 (i) USES OF FELLOWSHIPS AND

14 GRANTS.—A fellowship or grant under 

15 clause (i) may include stipends, travel, 

16 health insurance benefits, and other appro17 priate expenses. 

18 (ii) SELECTION.— 

19 (I) IN GENERAL.—The Founda20 tion shall award a fellowship or grant 

21 under clause (i) based on the technical 

22 and commercialization merits of the 

23 proposed project. 

24 (II) INPUT.—In selecting recipi25 ents of a fellowship or grant under 


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1 clause (i), the Foundation may con2 sult with potential recipients regard3 ing the ability to carry out various 

4 projects that would further the pur5 pose of the Foundation described in 

6 paragraph (1). 

7 (iii) FEDERAL LABORATORIES.— 

8 (I) IN GENERAL.—Federal Lab9 oratories, including laboratories of the 

10 Department of Energy, may apply for 

11 and accept grants under clause (i). 

12 (II) EFFECT.—A Federal labora13 tory that applies for or accepts a 

14 grant under subclause (I) shall not be 

15 considered to be engaging in a com16 petitive procedure. 

17 (D) SUPPLEMENTARY PROGRAMS.—The 

18 Foundation may carry out supplementary pro19 grams— 

20 (i) to conduct and support forums, 

21 meetings, conferences, courses, and train22 ing workshops consistent with the purpose 

23 of the Foundation described in paragraph 

24 (1); 


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1 (ii) to support and encourage the un2 derstanding and development of— 

3 (I) data reporting models that 

4 promote the translation of tech5 nologies from the research stage, 

6 through development and maturation, 

7 and to the market; and 

8 (II) policies that make regulation 

9 more effective and efficient by 

10 leveraging the technology translation 

11 data described in subclause (I) for the 

12 regulation of relevant technology sec13 tors; 

14 (iii) for writing, editing, printing, pub15 lishing, and vending books and other mate16 rials relating to research carried out under 

17 the Foundation; and 

18 (iv) to conduct other activities to 

19 carry out and support the purpose de20 scribed in paragraph (1). 

21 (E) AUTHORITY OF FOUNDATION.—The 

22 Foundation shall be the sole entity responsible 

23 for carrying out the activities described in this 

24 paragraph. 


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1 (F) ADMINISTRATIVE CONTROL.—No par2 ticipant in a program under this paragraph or 

3 employee of the Foundation shall exercise any 

4 administrative control over any Federal em5 ployee. 

6 (G) SUPPORT SERVICES.—The Secretary 

7 may provide facilities, utilities, and support 

8 services to the Foundation if it is determined by 

9 the Secretary to be advantageous to the re10 search programs of the Department. 

Æ 


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