† HR 4346 EAS2 
‘‘(1) whether the eligibility requirements for cov-
ered entities receiving financial assistance under the 
program are met; 
‘‘(2) whether eligible entities use the financial as-
sistance received under the program in accordance 
with the requirements of this section; 
‘‘(3) whether the covered entities receiving finan-
cial assistance under this program have carried out 
the commitments made to worker and community in-
vestment under subsection (a)(2)(B)(ii)(II) by the tar-
get date for completion set by the Secretary under 
subsection (a)(5)(A); 
‘‘(4) whether the required agreement entered into 
by covered entities and the Secretary under subsection 
(a)(6)(C)(i), including the notification process, has 
been carried out to provide covered entities sufficient 
guidance about a violation of the required agreement; 
‘‘(5) whether the Secretary has provided timely 
Congressional notification about violations of the re-
quired agreement under subsection (a)(6)(C)(i), in-
cluding the required information on how the Sec-
retary reached a determination of whether a covered 
entity was in violation under subsection (a)(6)(E); 
and
† HR 4346 EAS2 
‘‘(6) whether the Secretary has sufficiently re-
viewed any covered entity engaging in a listed excep-
tion under subsection (a)(6)(C)(ii). 
‘‘(i) PROHIBITION
ON USE
OF FUNDS.—No funds 
made available under this section may be used to construct, 
modify, or improve a facility outside of the United States.’’. 
(c) ADVANCED MICROELECTRONICS RESEARCH AND 
DEVELOPMENT.—Section 9906 of the William M. (Mac) 
Thornberry National Defense Authorization Act for Fiscal 
Year 2021 (15 U.S.C. 4656) is amended— 
(1) in subsection (a)(3)(A)(ii)— 
(A) in subclause (II), by inserting ‘‘, in-
cluding for technologies based on organic and in-
organic materials’’ after ‘‘components’’; and 
(B) in subclause (V), by striking ‘‘and sup-
ply chain integrity’’ and inserting ‘‘supply 
chain integrity, and workforce development’’; 
(2) in subsection (c)— 
(A) in paragraph (1)— 
(i) by inserting ‘‘and grow the domes-
tic semiconductor workforce’’ after ‘‘proto-
typing of advanced semiconductor tech-
nology’’; and 
(ii) by adding at the end the following: 
‘‘The Secretary may make financial assist-
† HR 4346 EAS2 
ance 
awards, 
including 
construction 
awards, in support of the national semicon-
ductor technology center.’’; and 
(B) in paragraph (2)— 
(i) in subparagraph (B), by inserting 
‘‘and capitalize’’ before ‘‘an investment 
fund’’; and 
(ii) by striking subparagraph (C) and 
inserting the following: 
‘‘(C) To work with the Secretary of Labor, 
the Director of the National Science Foundation, 
the Secretary of Energy, the private sector, insti-
tutions of higher education, and workforce train-
ing entities to incentivize and expand geographi-
cally diverse participation in graduate, under-
graduate, and community college programs rel-
evant to microelectronics, including through— 
‘‘(i) the development and dissemina-
tion of curricula and research training ex-
periences; and 
‘‘(ii) the development of workforce 
training programs and apprenticeships in 
advanced microelectronic design, research, 
fabrication, and packaging capabilities.’’; 
(3) in subsection (d)—
† HR 4346 EAS2 
(A) by striking ‘‘the Manufacturing USA 
institute’’ and inserting ‘‘a Manufacturing USA 
institute’’; and 
(B) by adding at the end the following: 
‘‘The Director may make financial assistance 
awards, including construction awards, in sup-
port of the National Advanced Packaging Manu-
facturing Program.’’; 
(4) in subsection (f)— 
(A) in the matter preceding paragraph 
(1)— 
(i) by striking ‘‘a Manufacturing USA 
Institute’’ and inserting ‘‘not more than 3 
Manufacturing USA Institutes’’; 
(ii) by striking ‘‘is focused on semicon-
ductor manufacturing.’’ and inserting ‘‘are 
focused on semiconductor manufacturing. 
The Secretary of Commerce may award fi-
nancial assistance to any Manufacturing 
USA Institute for work relating to semicon-
ductor manufacturing.’’; and 
(iii) by striking ‘‘Such institute may 
emphasize’’ and inserting ‘‘Such institutes 
may emphasize’’; and 
(5) by adding at the end the following:
† HR 4346 EAS2 
‘‘(h) CONSTRUCTION PROJECTS.—Section 602 of the 
Public Works and Economic Development Act of 1965 (42 
U.S.C. 3212) shall apply to a construction project that re-
ceives financial assistance under this section.’’. 
(d) ADDITIONAL AUTHORITIES.—Division H of title 
XCIX of the William M. (Mac) Thornberry National De-
fense Authorization Act for Fiscal Year 2021 (15 U.S.C. 
4651 et seq.) is amended by adding at the end the following: 
‘‘SEC. 9909. ADDITIONAL AUTHORITIES. 
‘‘(a) IN GENERAL.—In carrying out the responsibil-
ities of the Department of Commerce under this division, 
the Secretary may— 
‘‘(1) enter into agreements, including contracts, 
grants and cooperative agreements, and other trans-
actions as may be necessary and on such terms as the 
Secretary considers appropriate; 
‘‘(2) make advance payments under agreements 
and other transactions authorized under paragraph 
(1) without regard to section 3324 of title 31, United 
States Code; 
‘‘(3) require a person or other entity to make 
payments to the Department of Commerce upon ap-
plication and as a condition for receiving support 
through an award of assistance or other transaction;
† HR 4346 EAS2 
‘‘(4) procure temporary and intermittent services 
of experts and consultants in accordance with section 
3109 of title 5, United States Code; 
‘‘(5) notwithstanding section 3104 of title 5, 
United States Code, or the provisions of any other 
law relating to the appointment, number, classifica-
tion, or compensation of employees, make appoint-
ments of scientific, engineering, and professional per-
sonnel, and fix the basic pay of such personnel at a 
rate to be determined by the Secretary at rates not in 
excess of the highest total annual compensation pay-
able at the rate determined under section 104 of title 
3, United States Code, except that the Secretary shall 
appoint not more than 25 personnel under this para-
graph; 
‘‘(6) with the consent of another Federal agency, 
enter into an agreement with that Federal agency to 
use, with or without reimbursement, any service, 
equipment, personnel, or facility of that Federal agen-
cy; and 
‘‘(7) establish such rules, regulations, and proce-
dures as the Secretary considers appropriate. 
‘‘(b) REQUIREMENT.—Any funds received from a pay-
ment made by a person or entity pursuant to subsection
† HR 4346 EAS2 
(a)(3) shall be credited to and merged with the account from 
which support to the person or entity was made’’. 
(e) CONFORMING AMENDMENT.—The table of contents 
for division H of title XCIX of the William M. (Mac) 
Thornberry National Defense Authorization Act for Fiscal 
Year 2021 (Public Law 116–283) is amended by adding 
after the item relating to section 9908 the following: 
‘‘9909. Additional authorities.’’. 
SEC. 104. OPPORTUNITY AND INCLUSION. 
(a) ESTABLISHMENT.—Not later than 180 days after 
the date of enactment of this Act, the Secretary of Commerce 
shall establish activities in the Department of Commerce, 
within the program established under section 9902 of the 
William M. (Mac) Thornberry National Defense Authoriza-
tion Act for Fiscal Year 2021 (15 U.S.C. 4652), to carry 
out this section using funds appropriated under this Act. 
(b) IN GENERAL.—The Secretary of Commerce shall 
assign personnel to lead and support the activities carried 
out under this section, including coordination with other 
workforce development activities of the Department of Com-
merce or of Federal agencies, as defined in section 551 of 
title 5, United States Code, as appropriate. 
(c) ACTIVITIES.—Personnel assigned by the Secretary 
to carry out the activities under this section shall— 
(1) assess the eligibility of a covered entity, as 
defined in section 9901 of the William M. (Mac)
† HR 4346 EAS2 
Thornberry National Defense Authorization Act for 
Fiscal Year 2021 (15 U.S.C. 4651), for financial as-
sistance for a project with respect to the requirements 
under 
subclauses 
(II) 
and 
(III) 
of 
section 
9902(a)(2)(B)(ii) of the William M. (Mac) Thorn-
berry National Defense Authorization Act for Fiscal 
Year 2021 (15 U.S.C. 4652(a)(2)(B)(ii)(II) and 
(III)); 
(2) ensure that each covered entity, as defined in 
section 9901 of the William M. (Mac) Thornberry Na-
tional Defense Authorization Act for Fiscal Year 2021 
(15 U.S.C. 4651),that is awarded financial assistance 
under section 9902 of that Act (15 U.S.C. 4652) is 
carrying out the commitments of the covered entity to 
economically disadvantaged individuals as described 
in the application of the covered entity under that 
section by the target dates for completion established 
by 
the 
Secretary 
of 
Commerce 
under 
sub-
section(a)(5)(A) of that section; and 
(3) increase participation of and outreach to eco-
nomically disadvantaged individuals, minority-owned 
businesses, veteran-owned businesses, and women- 
owned businesses, as defined by the Secretary of Com-
merce, respectively, in the geographic area of a project 
under section 9902 of the William M. (Mac) Thorn-
† HR 4346 EAS2 
berry National Defense Authorization Act for Fiscal 
Year 2021 (15 U.S.C. 4652) and serve as a resource 
for those individuals, businesses, and covered entities. 
(d) STAFF.—The activities under this section shall be 
staffed at the appropriate levels to carry out the functions 
and responsibilities under this section until 95 percent of 
the amounts of funds made available for the program estab-
lished under section 9902 of the William M. (Mac) Thorn-
berry National Defense Authorization Act for Fiscal Year 
2021 (15 U.S.C. 4652) have been expended. 
(e) REPORT.—Beginning on the date that is 1 year 
after the date on which the Secretary of Commerce estab-
lishes the activities described in subsection (c), the Secretary 
of Commerce shall submit to the appropriate committees of 
Congress, as defined in section 9901(1) of the William M. 
(Mac) Thornberry National Defense Authorization Act for 
Fiscal Year 2021 (15 U.S.C. 4651), and make publicly 
available on the website of the Department of Commerce an 
annual report regarding the actions taken by the Depart-
ment of Commerce under this section. 
SEC. 105. ADDITIONAL GAO REPORTING REQUIREMENTS. 
(a) NDAA.—Section 9902(c) of William M. (Mac) 
Thornberry National Defense Authorization Act for Fiscal 
Year 2021 (15 U.S.C. 4652(c)) is amended— 
(1) in paragraph (1)—
† HR 4346 EAS2 
(A) in subparagraph (B)— 
(i) in clause (i), by striking ‘‘; and’’ 
and inserting a semicolon; and 
(ii) by adding at the end the following: 
‘‘(iii) the Federal Government could 
take specific actions to address shortages in 
the semiconductor supply chain, includ-
ing— 
‘‘(I) demand-side incentives, in-
cluding incentives related to the infor-
mation 
and 
communications 
tech-
nology supply chain; and 
‘‘(II) additional incentives, at na-
tional and global scales, to accelerate 
utilization of leading-edge semicon-
ductor nodes to address shortages in 
mature semiconductor nodes; and’’; 
and 
(B) in subparagraph (C)— 
(i) in clause (iii), by striking ‘‘; and’’ 
and inserting a semicolon; and 
(ii) by inserting after clause (iv) the 
following: 
‘‘(v) how projects are supporting the 
semiconductor needs of critical infrastruc-
† HR 4346 EAS2 
ture industries in the United States, includ-
ing those industries designated by the Cy-
bersecurity and Infrastructure Security 
Agency as essential infrastructure indus-
tries; and’’; and 
(2) by inserting after paragraph (1)(C)(iv) the 
following: 
‘‘(D) drawing on data made available by 
the Department of Labor or other sources, to the 
extent practicable, an analysis of— 
‘‘(i) semiconductor industry data re-
garding businesses that are— 
‘‘(I) majority owned and con-
trolled by minority individuals; 
‘‘(II) majority owned and con-
trolled by women; or 
‘‘(III) majority owned and con-
trolled by both women and minority 
individuals; 
‘‘(ii) the number and amount of con-
tracts and subcontracts awarded by each 
covered entity using funds made available 
under subsection (a) disaggregated by re-
cipients of each such contract or sub-
contracts that are majority owned and con-
† HR 4346 EAS2 
trolled by minority individuals and major-
ity owned and controlled by women; and 
‘‘(iii) aggregated workforce data, in-
cluding data by race or ethnicity, sex, and 
job categories.’’. 
(b) 
DEPARTMENT
OF
DEFENSE.—Section 
9202(a)(1)(G)(ii)(I) of the William M. (Mac) Thornberry 
National Defense Authorization Act for Fiscal Year 2021 
(47 U.S.C. 906(a)(1)(G)(ii)(I)) is amended by inserting 
‘‘(including whether recipients are majority owned and con-
trolled by minority individuals and majority owned and 
controlled by women)’’ after ‘‘to whom’’. 
SEC. 106. APPROPRIATIONS FOR WIRELESS SUPPLY CHAIN 
INNOVATION. 
(a) 
DIRECT
APPROPRIATIONS.—In 
addition 
to 
amounts otherwise available for such purposes, there is ap-
propriated to the Public Wireless Supply Chain Innovation 
Fund established under section 9202(a)(1) of the William 
M. (Mac) Thornberry National Defense Authorization Act 
for Fiscal Year 2021 (15 U.S.C. 4652(a)(1)), out of amounts 
in the Treasury not otherwise appropriated— 
(1) $150,000,000 for fiscal year 2022, to remain 
available until September 30, 2031; and 
(2) $1,350,000,000 for fiscal year 2023, to re-
main available until September 30, 2032.
† HR 4346 EAS2 
(b) USE
OF FUNDS, ADMINISTRATION, AND OVER-
SIGHT.—Of the amounts made available under subsection 
(a)— 
(1) not more than 5 percent of the amounts allo-
cated pursuant to subsection (c) in a given fiscal year 
may be used by the Assistant Secretary of Commerce 
for Communications and Information to administer 
the programs funded from the Public Wireless Supply 
Chain Innovation Fund; and 
(2) not less than $2,000,000 per fiscal year shall 
be transferred to the Office of Inspector General of the 
Department of Commerce for oversight related to ac-
tivities conducted using amounts provided under this 
section. 
(c) ALLOCATION AUTHORITY.— 
(1) SUBMISSION
OF
COST
ESTIMATES.—The 
President shall submit to Congress detailed account, 
program, and project allocations of the amount rec-
ommended for allocation in a fiscal year from 
amounts made available under subsection (a)— 
(A) for fiscal years 2022 and 2023, not 
later than 60 days after the date of enactment of 
this Act; and 
(B) for each subsequent fiscal year through 
2032, as part of the annual budget submission of
† HR 4346 EAS2 
the President under section 1105(a) of title 31, 
United States Code. 
(2) ALTERNATE ALLOCATION.— 
(A) IN GENERAL.—The Committees on Ap-
propriations of the House of Representatives and 
the Senate may provide for alternate allocation 
of amounts recommended for allocation in a 
given fiscal year from amounts made available 
under subsection (a), including by account, pro-
gram, and project. 
(B) ALLOCATION BY PRESIDENT.— 
(i) NO ALTERNATE ALLOCATIONS.—If 
Congress has not enacted legislation estab-
lishing alternate allocations, including by 
account, program, and project, by the date 
on which the Act making full-year appro-
priations for the Departments of Commerce 
and Justice, Science, and Related Agencies 
for the applicable fiscal year is enacted into 
law, only then shall amounts recommended 
for allocation for that fiscal year from 
amounts made available under subsection 
(a) be allocated by the President or appor-
tioned or allotted by account, program, and
† HR 4346 EAS2 
project pursuant to title 31, United States 
Code. 
(ii) INSUFFICIENT ALTERNATE ALLOCA-
TION.—If Congress enacts legislation estab-
lishing alternate allocations, including by 
account, program, and project, for amounts 
recommended for allocation in a given fiscal 
year from amounts made available under 
subsection (a) that are less than the full 
amount recommended for allocation for that 
fiscal year, the difference between the 
amount recommended for allocation and the 
alternate allocation shall be allocated by the 
President and apportioned and allotted by 
account, program, and project pursuant to 
title 31, United States Code. 
(d) SEQUESTRATION.—Section 255(g)(1)(A) of the 
Balanced Budget and Emergency Deficit Control Act of 
1985 (2 U.S.C. 905(g)(1)(A)) is amended by inserting after 
‘‘Postal Service Fund (18–4020–0–3–372).’’ the following: 
‘‘Public Wireless Supply Chain Inno-
vation Fund.’’. 
(e) BUDGETARY EFFECTS.— 
(1) STATUTORY PAYGO SCORECARDS.—The budg-
etary effects of this section shall not be entered on ei-
† HR 4346 EAS2 
SEC. 107. ADVANCED MANUFACTURING INVESTMENT CRED-
IT. 
(a) IN GENERAL.—Subpart E of part IV of subchapter 
A of chapter 1 of the Internal Revenue Code of 1986 is 
amended by inserting after section 48C the following new 
section: 
‘‘SEC. 
48D. 
ADVANCED 
MANUFACTURING 
INVESTMENT 
CREDIT. 
‘‘(a) ESTABLISHMENT OF CREDIT.—For purposes of 
section 46, the advanced manufacturing investment credit 
for any taxable year is an amount equal to 25 percent of 
the qualified investment for such taxable year with respect 
to any advanced manufacturing facility of an eligible tax-
payer. 
‘‘(b) QUALIFIED INVESTMENT.— 
‘‘(1) IN GENERAL.—For purposes of subsection 
(a), the qualified investment with respect to any ad-
vanced manufacturing facility for any taxable year is 
the basis of any qualified property placed in service 
by the taxpayer during such taxable year which is 
part of an advanced manufacturing facility. 
‘‘(2) QUALIFIED PROPERTY.— 
‘‘(A) IN
GENERAL.—For purposes of this 
subsection, the term ‘qualified property’ means 
property— 
‘‘(i) which is tangible property,
† HR 4346 EAS2 
‘‘(ii) with respect to which deprecia-
tion (or amortization in lieu of deprecia-
tion) is allowable, 
‘‘(iii) which is— 
‘‘(I) constructed, reconstructed, or 
erected by the taxpayer, or 
‘‘(II) acquired by the taxpayer if 
the original use of such property com-
mences with the taxpayer, and 
‘‘(iv) which is integral to the operation 
of the advanced manufacturing facility. 
‘‘(B) BUILDINGS AND STRUCTURAL COMPO-
NENTS.— 
‘‘(i) IN GENERAL.—The term ‘qualified 
property’ includes any building or its struc-
tural components which otherwise satisfy 
the requirements under subparagraph (A). 
‘‘(ii) EXCEPTION.—Clause (i) shall not 
apply with respect to a building or portion 
of a building used for offices, administrative 
services, or other functions unrelated to 
manufacturing. 
‘‘(3) ADVANCED MANUFACTURING FACILITY.—For 
purposes of this section, the term ‘advanced manufac-
turing facility’ means a facility for which the pri-
† HR 4346 EAS2 
mary purpose is the manufacturing of semiconductors 
or semiconductor manufacturing equipment. 
‘‘(4) 
COORDINATION
WITH
REHABILITATION 
CREDIT.—The qualified investment with respect to 
any advanced manufacturing facility for any taxable 
year shall not include that portion of the basis of any 
property which is attributable to qualified rehabilita-
tion expenditures (as defined in section 47(c)(2)). 
‘‘(5) CERTAIN PROGRESS EXPENDITURE RULES 
MADE APPLICABLE.—Rules similar to the rules of sub-
sections (c)(4) and (d) of section 46 (as in effect on 
the day before the date of the enactment of the Rev-
enue Reconciliation Act of 1990) shall apply for pur-
poses of subsection (a). 
‘‘(c) ELIGIBLE TAXPAYER.—For purposes of this sec-
tion, the term ‘eligible taxpayer’ means any taxpayer 
which— 
‘‘(1) is not a foreign entity of concern (as defined 
in section 9901(6) of the William M. (Mac) Thorn-
berry National Defense Authorization Act for Fiscal 
Year 2021), and 
‘‘(2) has not made an applicable transaction (as 
defined in section 50(a)) during the taxable year. 
‘‘(d) ELECTIVE PAYMENT.—
† HR 4346 EAS2 
‘‘(1) IN GENERAL.—Except as otherwise provided 
in paragraph (2)(A), in the case of a taxpayer mak-
ing an election (at such time and in such manner as 
the Secretary may provide) under this subsection with 
respect to the credit determined under subsection (a) 
with respect to such taxpayer, such taxpayer shall be 
treated as making a payment against the tax imposed 
by subtitle A (for the taxable year with respect to 
which such credit was determined) equal to the 
amount of such credit. 
‘‘(2) SPECIAL RULES.—For purposes of this sub-
section— 
‘‘(A) APPLICATION TO PARTNERSHIPS AND S 
CORPORATIONS.— 
‘‘(i) IN GENERAL.—In the case of the 
credit determined under subsection (a) with 
respect to any property held directly by a 
partnership or S corporation, any election 
under paragraph (1) shall be made by such 
partnership or S corporation. If such part-
nership or S corporation makes an election 
under such paragraph (in such manner as 
the Secretary may provide) with respect to 
such credit—
† HR 4346 EAS2 
‘‘(I) the Secretary shall make a 
payment to such partnership or S cor-
poration equal to the amount of such 
credit, 
‘‘(II) paragraph (3) shall be ap-
plied with respect to such credit before 
determining any partner’s distributive 
share, or shareholder’s pro rata share, 
of such credit, 
‘‘(III) any amount with respect to 
which the election in paragraph (1) is 
made shall be treated as tax exempt in-
come for purposes of sections 705 and 
1366, and 
‘‘(IV) a partner’s distributive 
share of such tax exempt income shall 
be based on such partner’s distributive 
share of the otherwise applicable credit 
for each taxable year. 
‘‘(ii) COORDINATION
WITH
APPLICA-
TION
AT
PARTNER
OR
SHAREHOLDER 
LEVEL.—In the case of any property held 
directly by a partnership or S corporation, 
no election by any partner or shareholder 
shall be allowed under paragraph (1) with
† HR 4346 EAS2 
‘‘(E) ADDITIONAL INFORMATION.—As a con-
dition of, and prior to, any amount being treat-
ed as a payment which is made by the taxpayer 
under paragraph (1) or any payment being 
made pursuant to subparagraph (A), the Sec-
retary may require such information or registra-
tion as the Secretary deems necessary or appro-
priate for purposes of preventing duplication, 
fraud, improper payments, or excessive payments 
under this section. 
‘‘(F) EXCESSIVE PAYMENT.— 
‘‘(i) IN GENERAL.—In the case of any 
amount treated as a payment which is 
made by the taxpayer under paragraph (1), 
or any payment made pursuant to subpara-
graph (A), which the Secretary determines 
constitutes an excessive payment, the tax 
imposed on such taxpayer by chapter 1 for 
the taxable year in which such determina-
tion is made shall be increased by an 
amount equal to the sum of— 
‘‘(I) the amount of such excessive 
payment, plus 
‘‘(II) an amount equal to 20 per-
cent of such excessive payment.
† HR 4346 EAS2 
‘‘(ii) 
REASONABLE
CAUSE.—Clause 
(i)(II) shall not apply if the taxpayer dem-
onstrates to the satisfaction of the Secretary 
that the excessive payment resulted from 
reasonable cause. 
‘‘(iii) 
EXCESSIVE
PAYMENT
DE-
FINED.—For purposes of this subparagraph, 
the term ‘excessive payment’ means, with 
respect to property for which an election is 
made under this subsection for any taxable 
year, an amount equal to the excess of— 
‘‘(I) the amount treated as a pay-
ment which is made by the taxpayer 
under paragraph (1), or the amount of 
the payment made pursuant to sub-
paragraph (A), with respect to such 
property for such taxable year, over 
‘‘(II) the amount of the credit 
which, without application of this sub-
section, would be otherwise allowable 
(determined without regard to section 
38(c)) under subsection (a) with re-
spect to such property for such taxable 
year.
† HR 4346 EAS2 
‘‘(3) DENIAL OF DOUBLE BENEFIT.—In the case 
of a taxpayer making an election under this sub-
section with respect to the credit determined under 
subsection (a), such credit shall be reduced to zero and 
shall, for any other purposes under this title, be 
deemed to have been allowed to the taxpayer for such 
taxable year. 
‘‘(4) MIRROR CODE POSSESSIONS.—In the case 
of any possession of the United States with a mirror 
code tax system (as defined in section 24(k)), this sub-
section shall not be treated as part of the income tax 
laws of the United States for purposes of determining 
the income tax law of such possession unless such pos-
session elects to have this subsection be so treated. 
‘‘(5) BASIS REDUCTION AND RECAPTURE.—Rules 
similar to the rules of subsections (a) and (c) of sec-
tion 50 shall apply with respect to— 
‘‘(A) any amount treated as a payment 
which is made by the taxpayer under paragraph 
(1), and 
‘‘(B) any payment made pursuant to para-
graph (2)(A). 
‘‘(6) REGULATIONS.—The Secretary shall issue 
such regulations or other guidance as may be nec-
† HR 4346 EAS2 
essary or appropriate to carry out the purposes of 
this subsection, including— 
‘‘(A) regulations or other guidance pro-
viding rules for determining a partner’s dis-
tributive share of the tax exempt income de-
scribed in paragraph (2)(A)(i)(III), and 
‘‘(B) guidance to ensure that the amount of 
the payment or deemed payment made under 
this subsection is commensurate with the amount 
of the credit that would be otherwise allowable 
(determined without regard to section 38(c)). 
‘‘(e) TERMINATION OF CREDIT.—The credit allowed 
under this section shall not apply to property the construc-
tion of which begins after December 31, 2026.’’. 
(b) RECAPTURE IN CONNECTION WITH CERTAIN EX-
PANSIONS.— 
(1) IN GENERAL.—Section 50(a) of the Internal 
Revenue Code of 1986 is amended redesignating para-
graphs (3) through (5) as paragraphs (4) through (6), 
respectively, and by inserting after paragraph (2) the 
following new paragraph: 
‘‘(3) CERTAIN EXPANSIONS IN CONNECTION WITH 
ADVANCED MANUFACTURING FACILITIES.— 
‘‘(A) IN GENERAL.—If there is a an appli-
cable transaction by an applicable taxpayer be-
† HR 4346 EAS2 
fore the close of the 10-year period beginning on 
the date such taxpayer placed in service invest-
ment credit property which is eligible for the ad-
vanced manufacturing investment credit under 
section 48D(a), then the tax under this chapter 
for the taxable year in which such transaction 
occurs shall be increased by 100 percent of the 
aggregate decrease in the credits allowed under 
section 38 for all prior taxable years which 
would have resulted solely from reducing to zero 
any credit determined under section 46 which is 
attributable to the advanced manufacturing in-
vestment credit under section 48D(a) with re-
spect to such property. 
‘‘(B) EXCEPTION.—Subparagraph (A) shall 
not apply if the applicable taxpayer dem-
onstrates to the satisfaction of the Secretary that 
the applicable transaction has been ceased or 
abandoned within 45 days of a determination 
and notice by the Secretary. 
‘‘(C) REGULATIONS
AND
GUIDANCE.—The 
Secretary shall issue such regulations or other 
guidance as the Secretary determines necessary 
or appropriate to carry out the purposes of this 
paragraph, including regulations or other guid-
† HR 4346 EAS2 
ance which provide for requirements for record-
keeping or information reporting for purposes of 
administering the requirements of this para-
graph.’’. 
(2) APPLICABLE TRANSACTION; APPLICABLE TAX-
PAYER.—Section 50(a)(6) of the Internal Revenue 
Code of 1986, as redesignated by paragraph (1), is 
amended adding at the end the following new sub-
paragraphs: 
‘‘(D) APPLICABLE TRANSACTION.—For pur-
poses of this subsection— 
‘‘(i) IN GENERAL.—The term ‘applica-
ble transaction’ means, with respect to any 
applicable taxpayer, any significant trans-
action (as determined by the Secretary, in 
coordination with the Secretary of Com-
merce and the Secretary of Defense) involv-
ing the material expansion of semiconductor 
manufacturing capacity of such applicable 
taxpayer in the People’s Republic of China 
or a foreign country of concern (as defined 
in section 9901(7) of the William M. (Mac) 
Thornberry National Defense Authorization 
Act for Fiscal Year 2021).
† HR 4346 EAS2 
‘‘(ii) EXCEPTION.—Such term shall not 
include a transaction which primarily in-
volves the expansion of manufacturing ca-
pacity for legacy semiconductors (as defined 
in section 9902(a)(6) of the William M. 
(Mac) Thornberry National Defense Author-
ization Act for Fiscal Year 2021). 
‘‘(E) APPLICABLE
TAXPAYER.—For pur-
poses of this subsection, the term ‘applicable tax-
payer’ means any taxpayer who has been al-
lowed a credit under section 48D(a) for any 
prior taxable year.’’. 
(3) CONFORMING AMENDMENTS.— 
(A) Section 50(a)(4) of the Internal Rev-
enue Code of 1986, as redesignated by paragraph 
(1), is amended— 
(i) by inserting ‘‘, or any applicable 
transaction to which paragraph (3)(A) ap-
plies’’ after ‘‘paragraphs (1) and (2)’’, and 
(ii) by inserting ‘‘or applicable trans-
action’’ after ‘‘such cessation’’. 
(B) Section 50(a)(6)(C) of such Code, as re-
designated by paragraph (1), is amended by 
striking ‘‘paragraph (1) or (2)’’ and inserting 
‘‘paragraph (1), (2), or (3)’’.
† HR 4346 EAS2 
(C) Section 1371(d)(1) of such Code is 
amended by striking ‘‘section 50(a)(4)’’ and in-
serting ‘‘section 50(a)(5)’’. 
(c) EXEMPTION OF ELECTIVE PAYMENTS FROM SE-
QUESTRATION.—Subsection (d) of section 255 of the Bal-
anced Budget and Emergency Deficit Control Act of 1985 
(2 U.S.C. 905) is amended to read as follows: 
‘‘(d) REFUNDABLE INCOME TAX CREDITS AND CER-
TAIN ELECTIVE PAYMENTS.— 
‘‘(1) REFUNDABLE INCOME TAX CREDITS.—Pay-
ments to individuals made pursuant to provisions of 
the Internal Revenue Code of 1986 establishing re-
fundable tax credits shall be exempt from reduction 
under any order issued under this part. 
‘‘(2) CERTAIN ELECTIVE PAYMENTS.—Payments 
made to taxpayers pursuant to elections under sub-
section (d) of section 48D of the Internal Revenue 
Code of 1986, or amounts treated as payments which 
are made by taxpayers under paragraph (1) of such 
subsection, shall be exempt from reduction under any 
order issued under this part.’’. 
(d) CONFORMING AMENDMENTS.— 
(1) Paragraph (6) of section 46 of the Internal 
Revenue Code of 1986 is amended to read as follows:
† HR 4346 EAS2 
‘‘(6) the advanced manufacturing investment 
credit.’’. 
(2) Section 49(a)(1)(C) of such Code is amend-
ed— 
(A) by striking ‘‘and’’ at the end of clause 
(iv), 
(B) by striking the period at the end of 
clause (v) and inserting ‘‘, and’’, and 
(C) by adding at the end the following new 
clause: 
‘‘(vi) the basis of any qualified prop-
erty (as defined in subsection (b)(2) of sec-
tion 48D) which is part of an advanced 
manufacturing facility (as defined in sub-
section (b)(3) of such section).’’. 
(3) Section 50(a)(2)(E) of such Code is amended 
by striking ‘‘or 48C(b)(2)’’ and inserting ‘‘48C(b)(2), 
or 48D(b)(5)’’. 
(4) The table of sections for subpart E of part IV 
of subchapter A of chapter 1 of such Code is amended 
by inserting after the item relating to section 48C the 
following new item: 
‘‘Sec. 48D. Advanced manufacturing investment credit.’’. 
(e) BUDGETARY EFFECTS.— 
(1) STATUTORY PAYGO SCORECARDS.—The budg-
etary effects of this section shall not be entered on ei-
† HR 4346 EAS2 
ther PAYGO scorecard maintained pursuant to sec-
tion 4(d) of the Statutory Pay-As-You-Go Act of 2010 
(2 U.S.C. 933(d)). 
(2) SENATE
PAYGO
SCORECARDS.—The budg-
etary effects of this section shall not be entered on any 
PAYGO scorecard maintained for purposes of section 
4106 of H. Con. Res. 71 (115th Congress). 
(3) CLASSIFICATION OF BUDGETARY EFFECTS.— 
Notwithstanding Rule 3 of the Budget Scorekeeping 
Guidelines set forth in the joint explanatory statement 
of the committee of conference accompanying Con-
ference Report 105–217 and section 250(c)(8) of the 
Balanced Budget and Emergency Deficit Control Act 
of 1985, the budgetary effects of this section shall not 
be estimated— 
(A) for purposes of section 251 of such Act; 
(B) for purposes of an allocation to the 
Committee on Appropriations pursuant to sec-
tion 302(a) of the Congressional Budget Act of 
1974; and 
(C) for purposes of paragraph (4)(C) of sec-
tion 3 of the Statutory Pay-As-You-Go Act of 
2010 as being included in an appropriation Act. 
(f) EFFECTIVE DATE.—
† HR 4346 EAS2 
(1) IN GENERAL.—Except as provided in para-
graph (2), the amendments made by this section shall 
apply to property placed in service after December 
31, 2022, and, for any property the construction of 
which begins prior to January 1, 2023, only to the 
extent of the basis thereof attributable to the construc-
tion, reconstruction, or erection after the date of en-
actment of this Act. 
(2) EXEMPTION OF ELECTIVE PAYMENTS FROM 
SEQUESTRATION.—The amendment made by sub-
section (c) shall apply to any sequestration order 
issued under the Balanced Budget and Emergency 
Deficit Control Act of 1985 (2 U.S.C. 900 et seq.) on 
or after December 31, 2022. 
DIVISION B—RESEARCH AND 
INNOVATION 
SEC. 10000. TABLE OF CONTENTS. 
The table of contents for this division is as follows: 
DIVISION B—RESEARCH AND INNOVATION 
Sec. 10000. Table of contents. 
Sec. 10001. Short title. 
Sec. 10002. Definitions. 
Sec. 10003. Budgetary effects. 
TITLE I—DEPARTMENT OF ENERGY SCIENCE FOR THE FUTURE 
Sec. 10101. Mission of the Office of Science. 
Sec. 10102. Basic energy sciences program. 
Sec. 10103. Biological and environmental research. 
Sec. 10104. Advanced scientific computing research program. 
Sec. 10105. Fusion energy research. 
Sec. 10106. High energy physics program. 
Sec. 10107. Nuclear physics program. 
Sec. 10108. Science laboratories infrastructure program.
† HR 4346 EAS2 
Sec. 10109. Accelerator research and development. 
Sec. 10110. Isotope research, development, and production. 
Sec. 10111. Increased collaboration with teachers and scientists. 
Sec. 10112. High intensity laser research initiative; helium conservation pro-
gram; Office of Science emerging biological threat preparedness 
research initiative; midscale instrumentation and research 
equipment program; authorization of appropriations. 
Sec. 10113. Established program to stimulate competitive research. 
Sec. 10114. Research security. 
TITLE II—NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY 
FOR THE FUTURE 
Sec. 10201. Definitions. 
Subtitle A—Authorization of Appropriations 
Sec. 10211. Authorization of appropriations. 
Subtitle B—Measurement Research 
Sec. 10221. Engineering biology and biometrology. 
Sec. 10222. Greenhouse gas measurement research. 
Sec. 10223. NIST authority for cybersecurity and privacy activities. 
Sec. 10224. Software security and authentication. 
Sec. 10225. Digital identity management research. 
Sec. 10226. Biometrics research and testing. 
Sec. 10227. Federal biometric performance standards. 
Sec. 10228. Protecting research from cybersecurity theft. 
Sec. 10229. Dissemination of resources for research institutions. 
Sec. 10230. Advanced communications research. 
Sec. 10231. Neutron scattering. 
Sec. 10232. Artificial intelligence. 
Sec. 10233. Sustainable chemistry research and education. 
Sec. 10234. Premise plumbing research. 
Sec. 10235. Dr. David Satcher Cybersecurity Education Grant Program. 
Subtitle C—General Activities 
Sec. 10241. Educational outreach and support for underrepresented communities. 
Sec. 10242. Other transactions authority. 
Sec. 10243. Report to Congress on collaborations with government agencies. 
Sec. 10244. Hiring critical technical experts. 
Sec. 10245. International standards development. 
Sec. 10246. Standard technical update. 
Sec. 10247. GAO study of NIST research security policies and protocols. 
Sec. 10248. Standards development organization grants. 
Subtitle D—Hollings Manufacturing Extension Partnership 
Sec. 10251. Establishment of expansion awards pilot program as a part of the 
Hollings Manufacturing Extension Partnership. 
Sec. 10252. Update to Hollings Manufacturing Extension Partnership. 
Sec. 10253. National Supply Chain Database. 
Sec. 10254. Hollings Manufacturing Extension Partnership activities. 
Sec. 10255. Amendment to the Hollings Manufacturing Extension Partnership re-
lating to institutions of higher education.
† HR 4346 EAS2 
Subtitle E—Manufacturing USA Program 
Sec. 10261. Supporting geographic diversity. 
Sec. 10262. Expanding opportunities through the Manufacturing USA Program. 
Sec. 10263. Promoting domestic production of technologies developed under Man-
ufacturing USA Program. 
TITLE III—NATIONAL SCIENCE FOUNDATION FOR THE FUTURE 
Subtitle A—Preliminary Matters 
Sec. 10301. Sense of Congress. 
Sec. 10302. Definitions. 
Sec. 10303. Authorization of appropriations. 
Subtitle B—STEM Education 
Sec. 10311. PreK–12 STEM education. 
Sec. 10312. Undergraduate STEM education. 
Sec. 10313. Graduate STEM education. 
Sec. 10314. STEM workforce data. 
Sec. 10315. Cyber workforce development research and development. 
Sec. 10316. Federal cyber scholarship-for-service program. 
Sec. 10317. Cybersecurity workforce data initiative. 
Sec. 10318. Microelectronics workforce development activities. 
Sec. 10319. Incorporation of art and design into certain STEM education. 
Sec. 10320. Mandatory cost-sharing. 
Sec. 10321. Programs to address the STEM workforce. 
Subtitle C—Broadening Participation 
Sec. 10321. Presidential awards for excellence in mathematics and science. 
Sec. 10322. Robert Noyce Teacher Scholarship program update. 
Sec. 10323. NSF Eddie Bernice Johnson INCLUDES Initiative. 
Sec. 10324. Broadening participation on major facilities awards. 
Sec. 10325. Expanding geographic and institutional diversity in research. 
Sec. 10326. Diversity in tech research. 
Sec. 10327. Chief Diversity Officer of the NSF. 
Sec. 10328. Research and dissemination to increase the participation of women 
and underrepresented minorities in STEM fields. 
Sec. 10329. Activities to expand STEM opportunities. 
Sec. 10330. Intramural emerging research institutions pilot program. 
Subtitle D—NSF Research Security 
Sec. 10331. Office of Research Security and Policy. 
Sec. 10332. Chief of Research Security. 
Sec. 10333. Reporting to Congress. 
Sec. 10334. Online resource. 
Sec. 10335. Research awards. 
Sec. 10336. Authorities. 
Sec. 10337. Responsible conduct in research training. 
Sec. 10338. Research security and integrity information sharing analysis organi-
zation. 
Sec. 10339. Plan with respect to controlled information and background screen-
ing.
† HR 4346 EAS2 
Sec. 10339A. Foundation funding to institutions hosting or supporting Confucius 
Institutes. 
Sec. 10339B. Foreign financial support. 
Sec. 10339C. Authorization of appropriations. 
Subtitle E—Fundamental Research 
Sec. 10341. Broader impacts. 
Sec. 10342. Sense of Congress. 
Sec. 10343. Research ethics. 
Sec. 10344. Research reproducibility and replicability. 
Sec. 10345. Climate change research. 
Sec. 10346. Social, behavioral, and economic sciences. 
Sec. 10347. Measuring impacts of Federally funded research and development. 
Sec. 10348. Food-energy-water research. 
Sec. 10349. Biological Field Stations and Marine Laboratories. 
Sec. 10350. Sustainable chemistry research and education. 
Sec. 10351. Risk and resilience research. 
Sec. 10352. Unmanned aircraft systems technologies. 
Sec. 10353. Accelerating unmanned maritime systems technologies. 
Sec. 10354. Leveraging international expertise in research. 
Sec. 10355. Biological research collections. 
Sec. 10356. Clean water research and technology acceleration. 
Sec. 10357. Technology and behavioral science research. 
Sec. 10358. Manufacturing research amendment. 
Sec. 10359. Critical minerals mining research and development. 
Sec. 10360. Study of AI research capacity. 
Sec. 10361. Advancing IoT for Precision Agriculture Capabilities Act. 
Sec. 10362. Astronomy and satellite constellations. 
Sec. 10363. Research on the impact of inflation. 
Sec. 10364. Microgravity utilization policy. 
Sec. 10365. Recognition of the Arecibo Observatory. 
Subtitle F—Research Infrastructure 
Sec. 10371. Facility operation and maintenance. 
Sec. 10372. Reviews. 
Sec. 10373. Helium conservation. 
Sec. 10374. Advanced computing. 
Sec. 10375. National secure data service. 
Subtitle G—Directorate for Technology, Innovation, and Partnerships 
Sec. 10381. Establishment. 
Sec. 10382. Purposes. 
Sec. 10383. Activities. 
Sec. 10384. Requirements. 
Sec. 10385. Assistant Director. 
Sec. 10386. Advisory committee. 
Sec. 10387. Challenges and focus areas. 
Sec. 10388. Regional Innovation Engines. 
Sec. 10389. Translation accelerator. 
Sec. 10390. Test beds. 
Sec. 10391. Planning and capacity building awards. 
Sec. 10392. Entrepreneurial fellowships. 
Sec. 10393. Scholarships and fellowships.
† HR 4346 EAS2 
Sec. 10394. Research and development awards. 
Sec. 10395. Scaling innovations in PreK–12 STEM education. 
Sec. 10396. Authorities. 
Sec. 10397. Coordination of activities. 
Sec. 10398. Ethical, legal, and societal considerations. 
Sec. 10399. Reports and roadmaps. 
Sec. 10399A. Evaluation. 
Subtitle H—Administrative Amendments 
Sec. 10399D. Supporting veterans in STEM careers. 
Sec. 10399E. Sunshine Act compliance. 
Sec. 10399F. Science and engineering indicators report submission. 
TITLE IV—BIOECONOMY RESEARCH AND DEVELOPMENT 
Sec. 10401. Definitions. 
Sec. 10402. National engineering biology research and development initiative. 
Sec. 10403. Initiative coordination. 
Sec. 10404. Advisory committee on engineering biology research and development. 
Sec. 10405. External review of ethical, legal, environmental, safety, security, and 
societal issues. 
Sec. 10406. Agency activities. 
Sec. 10407. Rule of construction. 
TITLE V—BROADENING PARTICIPATION IN SCIENCE 
Subtitle A—STEM Opportunities 
Sec. 10501. Federal research agency policies for caregivers. 
Sec. 10502. Collection and reporting of data on federal research awards. 
Sec. 10503. Policies for review of Federal research awards. 
Sec. 10504. Collection of data on demographics of faculty. 
Sec. 10505. Cultural and institutional barriers to expanding the academic and 
Federal STEM workforce. 
Sec. 10506. Existing activities. 
Sec. 10507. Report to Congress. 
Sec. 10508. Merit review. 
Sec. 10509. Determination of budgetary effects. 
Sec. 10510. Definition. 
Subtitle B—Rural STEM Education Research 
Sec. 10511. Definition. 
Sec. 10512. National Science Foundation rural STEM activities. 
Sec. 10513. Opportunities for online education. 
Sec. 10514. National Academies evaluation. 
Sec. 10515. GAO review. 
Sec. 10516. NIST engagement with rural communities. 
Subtitle C—MSI STEM Achievement 
Sec. 10521. GAO review. 
Sec. 10522. Agency responsibilities. 
Sec. 10523. Research at the National Science Foundation. 
Sec. 10524. Capacity-building program for developing universities. 
Sec. 10525. Tribal Colleges and Universities program. 
Sec. 10526. Definitions.
† HR 4346 EAS2 
Subtitle D—Combating Sexual Harassment in Science 
Sec. 10531. Findings. 
Sec. 10532. Purpose. 
Sec. 10533. Definition. 
Sec. 10534. Research awards. 
Sec. 10535. Responsible Conduct Guide. 
Sec. 10536. Interagency working group. 
Sec. 10537. National Academies assessment. 
Sec. 10538. GAO study. 
Sec. 10539. Authorization of appropriations. 
TITLE VI—MISCELLANEOUS SCIENCE AND TECHNOLOGY 
PROVISIONS 
Subtitle A—Supporting Early-career Researchers 
Sec. 10601. Early-career research fellowship program. 
Sec. 10602. Authorization of appropriations. 
Subtitle B—National Science and Technology Strategy 
Sec. 10611. National science and technology strategy. 
Sec. 10612. Strategy and report on the Nation’s economic security, science, re-
search, and innovation to support the national security strategy. 
Sec. 10613. Quadrennial science and technology review. 
Subtitle C—Regional Innovation 
Sec. 10621. Regional innovation capacity. 
Sec. 10622. Regional Clean Energy Innovation Program. 
Subtitle D—Research Security 
Sec. 10631. Requirements for foreign talent recruitment programs. 
Sec. 10632. Malign foreign talent recruitment program prohibition. 
Sec. 10633. Review of contracts and agreements. 
Sec. 10634. Research security training requirement for Federal research award 
personnel. 
Sec. 10635. Research funds accounting. 
Sec. 10636. Person or entity of concern prohibition. 
Sec. 10637. Nondiscrimination. 
Sec. 10638. Definitions. 
Subtitle E—Coastal and Ocean Acidification Research and Innovation 
Sec. 10641. Short title. 
Sec. 10642. Purposes. 
Sec. 10643. Definitions. 
Sec. 10644. Interagency working group. 
Sec. 10645. Strategic research plan. 
Sec. 10646. NOAA ocean acidification activities. 
Sec. 10647. NSF ocean acidification activities. 
Sec. 10648. NASA ocean acidification activities. 
Sec. 10649. Authorization of appropriations.
† HR 4346 EAS2 
Subtitle F—Interagency Working Group 
Sec. 10651. Interagency working group. 
Subtitle G—Quantum Networking and Communications 
Sec. 10661. Quantum networking and communications. 
Subtitle H—Blockchain Specialist 
Sec. 10671. Establishment of blockchain and cryptocurrency specialist position 
within OSTP. 
Subtitle I—Partnerships for Energy Security and Innovation 
Sec. 10691. Foundation for Energy Security and Innovation. 
Subtitle J—Energizing Technology Transfer 
Sec. 10701. Definitions. 
PART 1—NATIONAL CLEAN ENERGY TECHNOLOGY TRANSFER PROGRAMS 
Sec. 10713. National clean energy incubator program. 
Sec. 10714. Clean energy technology university prize competition. 
Sec. 10715. Clean energy technology transfer coordination. 
PART 2—SUPPORTING TECHNOLOGY DEVELOPMENT AT THE NATIONAL 
LABORATORIES 
Sec. 10716. Lab partnering service pilot program. 
Sec. 10717. Lab-embedded entrepreneurship program. 
Sec. 10718. Small business voucher program. 
Sec. 10719. Entrepreneurial leave program. 
Sec. 10720. National Laboratory non-Federal employee outside employment au-
thority. 
PART 3—DEPARTMENT OF ENERGY MODERNIZATION 
Sec. 10722. Office of Technology Transitions. 
Sec. 10723. Management of Department of Energy demonstration projects. 
Sec. 10724. Streamlining prize competitions. 
Sec. 10725. Cost-share waiver extension. 
Sec. 10726. Special hiring authority for scientific, engineering, and project man-
agement personnel. 
Sec. 10727. Technology transfer reports and evaluation. 
Subtitle K—Micro Act 
Sec. 10731. Microelectronics research for energy innovation. 
Subtitle L—National Nuclear University Research Infrastructure Reinvestment 
Sec. 10741. Short title. 
Sec. 10742. Purposes. 
Sec. 10743. University infrastructure collaboration. 
Sec. 10744. Advanced nuclear research infrastructure enhancement subprogram. 
Sec. 10745. Science education and human resources scholarships, fellowships, and 
research and development projects.
† HR 4346 EAS2 
Subtitle M—Steel Upgrading Partnerships and Emissions Reduction 
Sec. 10751. Low-emissions steel manufacturing research program. 
Subtitle N—Applied Laboratories Infrastructure Restoration and Modernization 
Sec. 10761. Applied laboratories infrastructure restoration and modernization. 
Subtitle O—Department of Energy Research, Development, and Demonstration 
Activities 
Sec. 10771. Department of Energy research, development, and demonstration ac-
tivities. 
Subtitle P—Fission for the Future 
Sec. 10781. Advanced nuclear technologies Federal research, development, and 
demonstration program. 
TITLE VII—NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 
AUTHORIZATION ACT 
Sec. 10801. Short title. 
Sec. 10802. Definitions. 
Subtitle A—Exploration 
Sec. 10811. Moon to Mars. 
Sec. 10812. Space Launch System configurations. 
Sec. 10813. Rocket engine test infrastructure. 
Sec. 10814. Pearl River maintenance. 
Sec. 10815. Extension and modification relating to International Space Station. 
Sec. 10816. Priorities for International Space Station. 
Sec. 10817. Technical amendments relating to Artemis missions. 
Subtitle B—Science 
Sec. 10821. Science priorities. 
Sec. 10822. Search for life. 
Sec. 10823. Next generation of astrophysics great observatories. 
Sec. 10824. Earth science missions and programs. 
Sec. 10825. Planetary Defense Coordination Office. 
Subtitle C—Aeronautics 
Sec. 10831. Experimental aircraft projects. 
Sec. 10832. Unmanned aircraft systems. 
Sec. 10833. Cleaner, quieter airplanes. 
Subtitle D—Space Technology 
Sec. 10841. Space nuclear capabilities. 
Sec. 10842. Prioritization of low-enriched uranium technology. 
Subtitle E—STEM Engagement 
Sec. 10851. Office of STEM Engagement.
† HR 4346 EAS2 
Subtitle F—Miscellaneous 
Sec. 10861. Program, workforce, and industrial base reviews. 
Sec. 10862. Modification of lease of non-excess property. 
SEC. 10001. SHORT TITLE. 
This division may be cited as the ‘‘Research and Devel-
opment, Competition, and Innovation Act’’. 
SEC. 10002. DEFINITIONS. 
In this division: 
(1) ARTIFICIAL INTELLIGENCE.—The term ‘‘arti-
ficial intelligence’’ or ‘‘AI’’ has the meaning given 
such term in section 5002 of the William M. (Mac) 
Thornberry National Defense Authorization Act for 
Fiscal Year 2021 (15 U.S.C. 9401). 
(2) AWARDEE.—The term ‘‘awardee’’ means the 
legal entity to which Federal assistance is awarded 
and that is accountable to the Federal Government for 
the use of the funds provided. 
(3) AWARD PERSONNEL.—The term ‘‘award per-
sonnel’’ means principal investigators and co-prin-
cipal investigators, faculty, postdoctoral researchers, 
and other employees supported by a grant, coopera-
tive agreement, or contract under Federal law. 
(4) BIOMANUFACTURING.—The term ‘‘biomanu-
facturing’’ means the utilization of biological systems 
to develop new and advance existing products, tools, 
and processes at commercial scale.
† HR 4346 EAS2 
(5) EMERGING
RESEARCH
INSTITUTION.—The 
term ‘‘emerging research institution’’ means an insti-
tution of higher education with an established under-
graduate or graduate program that has less than 
$50,000,000 in Federal research expenditures. 
(6) ENGINEERING
BIOLOGY.—The term ‘‘engi-
neering biology’’ means the application of engineering 
design principles and practices to biological systems, 
including molecular and cellular systems, to advance 
fundamental understanding of complex natural sys-
tems and to enable novel or optimize functions and 
capabilities. 
(7) EPSCoR.—The term ‘‘EPSCoR’’ has the 
meaning given the term in section 502 of the America 
COMPETES Reauthorization Act of 2010 (42 U.S.C. 
1862p note). 
(8) EPSCoR INSTITUTION.—The term ‘‘EPSCoR 
institution’’ means an institution of higher education, 
nonprofit organization, or other institution located in 
a jurisdiction eligible to participate in the program 
under section 113 of the National Science Foundation 
Authorization Act of 1988 (42 U.S.C. 1862g). 
(9) FEDERAL LABORATORY.—The term ‘‘Federal 
laboratory’’ has the meaning given such term in sec-
† HR 4346 EAS2 
tion 4 of the Stevenson-Wydler Technology Innovation 
Act of 1980 (15 U.S.C. 3703). 
(10) FEDERAL
RESEARCH
AGENCY.—The term 
‘‘Federal research agency’’ means any Federal agency 
with an annual extramural research expenditure of 
over $100,000,000 in fiscal year 2022 constant dol-
lars. 
(11) FOUNDATION.—The term ‘‘Foundation’’ 
means the National Science Foundation. 
(12) HISTORICALLY BLACK COLLEGE AND UNI-
VERSITY.—The term ‘‘historically Black college and 
university’’ has the meaning given the term ‘‘part B 
institution’’ in section 322 of the Higher Education 
Act of 1965 (20 U.S.C. 1061). 
(13) INSTITUTION OF HIGHER EDUCATION.—The 
term ‘‘institution of higher education’’ has the mean-
ing given the term in section 101(a) of the Higher 
Education Act of 1965 (20 U.S.C. 1001(a)). 
(14) INTERAGENCY WORKING GROUP ON INCLU-
SION
IN
STEM.—The term ‘‘interagency working 
group on inclusion in STEM’’ means the interagency 
working group established by section 308 of the Amer-
ican Innovation and Competitiveness Act (42 U.S.C. 
6626).
† HR 4346 EAS2 
(15) LABOR
ORGANIZATION.—The term ‘‘labor 
organization’’ has the meaning given the term in sec-
tion 2(5) of the National Labor Relations Act (29 
U.S.C. 152(5)), except that such term shall also in-
clude— 
(A) any organization composed of labor or-
ganizations, such as a labor union federation or 
a State or municipal labor body; and 
(B) any organization which would be in-
cluded in the definition for such term under such 
section 2(5) but for the fact that the organization 
represents— 
(i) individuals employed by the United 
States, any wholly owned Government cor-
poration, any Federal Reserve Bank, or any 
State or political subdivision thereof; 
(ii) individuals employed by persons 
subject to the Railway Labor Act (45 U.S.C. 
151 et seq.); or 
(iii) individuals employed as agricul-
tural laborers. 
(16) LOW-INCOME INDIVIDUAL.—The term ‘‘low- 
income individual’’ means an individual from a fam-
ily whose taxable income for the preceding year did 
not exceed 150 percent of an amount equal to the pov-
† HR 4346 EAS2 
erty level determined by using criteria of poverty es-
tablished by the Bureau of the Census. 
(17) MANUFACTURING EXTENSION CENTER.—The 
term ‘‘manufacturing extension center’’ has the mean-
ing given the term ‘‘Center’’ in section 25(a) of the 
National Institute of Standards and Technology Act 
(15 U.S.C. 278k(a)). 
(18) MANUFACTURING
USA
INSTITUTE.—The 
term ‘‘Manufacturing USA institute’’ means a Manu-
facturing USA institute described in section 34(d) of 
the National Institute of Standards and Technology 
Act (15 U.S.C. 278s(d)). 
(19) 
MINORITY-SERVING
INSTITUTION.—The 
term ‘‘minority-serving institution’’ means a His-
panic-serving institution as defined in section 502(a) 
of the Higher Education Act of 1965 (20 U.S.C. 
1101a(a)); an Alaska Native-serving institution or 
Native Hawaiian-serving institution as defined in 
section 317(b) of such Act (20 U.S.C. 1059d(b)); or a 
Predominantly Black institution, Asian American 
and Native American Pacific Islander-serving institu-
tion, or Native American-serving nontribal institu-
tion as defined in section 371(c) of such Act (20 
U.S.C. 1067q(c)).
† HR 4346 EAS2 
(20) NATIONAL
ACADEMIES.—The term ‘‘Na-
tional Academies’’ means the National Academies of 
Sciences, Engineering, and Medicine. 
(21) NON-PROFIT
ORGANIZATION.—The term 
‘‘non-profit organization’’ means an organization 
which is described in section 501(c)(3) of the Internal 
Revenue Code of 1986 and exempt from tax under sec-
tion 501(a) of such code. 
(22) PREK–12.—The term ‘‘PreK–12’’ means 
pre-kindergarten through grade 12. 
(23) QUANTUM
INFORMATION
SCIENCE.—The 
term ‘‘quantum information science’’ has the meaning 
given such term in section 2 of the National Quantum 
Initiative Act (15 U.S.C. 8801). 
(24) RECIPIENT.—The term ‘‘recipient’’ means 
an entity, usually a non-Federal entity, that receives 
a Federal award directly from a Federal research 
agency. The term ‘‘recipient’’ does not include entities 
that receive subawards or individuals that are the 
beneficiaries of the award. 
(25) RESEARCH AND DEVELOPMENT AWARD.— 
The term ‘‘research and development award’’ means 
support provided to an individual or entity by a Fed-
eral research agency to carry out research and devel-
opment activities, which may include support in the
100 
† HR 4346 EAS2 
form of a grant, contract, cooperative agreement, or 
other such transaction. The term does not include a 
grant, contract, agreement or other transaction for the 
procurement of goods or services to meet the adminis-
trative needs of a Federal research agency. 
(26) SKILLED
TECHNICAL
WORK.—The term 
‘‘skilled technical work’’ means an occupation that re-
quires a high level of knowledge in a technical domain 
and does not require a bachelor’s degree for entry. 
(27) STEM.—The term ‘‘STEM’’ means science, 
technology, engineering, and mathematics, including 
computer science. 
(28) STEM EDUCATION.—The term ‘‘STEM edu-
cation’’ has the meaning given the term in section 2 
of the STEM Education Act of 2015 (42 U.S.C. 6621 
note). 
(29) TECHNICAL
STANDARD.—The term ‘‘tech-
nical standard’’ has the meaning given such term in 
section 12(d)(5) of the National Technology Transfer 
and Advancement Act of 1995 (15 U.S.C. 272 note). 
(30) TRIBAL
COLLEGE
OR
UNIVERSITY.—The 
term ‘‘Tribal College or University’’ has the meaning 
given such term in section 316 of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1059c).
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SEC. 10003. BUDGETARY EFFECTS. 
(a) STATUTORY PAYGO SCORECARDS.—The budgetary 
effects of this division shall not be entered on either PAYGO 
scorecard maintained pursuant to section 4(d) of the Statu-
tory Pay-As-You-Go Act of 2010 (2 U.S.C. 933(d)). 
(b) SENATE PAYGO SCORECARDS.—The budgetary ef-
fects of this division shall not be entered on any PAYGO 
scorecard maintained for purposes of section 4106 of H. 
Con. Res. 71 (115th Congress). 
(c) CLASSIFICATION OF BUDGETARY EFFECTS.—Not-
withstanding Rule 3 of the Budget Scorekeeping Guidelines 
set forth in the joint explanatory statement of the committee 
of conference accompanying Conference Report 105–217 
and section 250(c)(8) of the Balanced Budget and Emer-
gency Deficit Control Act of 1985, the budgetary effects of 
this division shall not be estimated— 
(1) for purposes of section 251 of such Act; 
(2) for purposes of an allocation to the Com-
mittee on Appropriations pursuant to section 302(a) 
of the Congressional Budget Act of 1974; and 
(3) for purposes of paragraph (4)(C) of section 
3 of the Statutory Pay-As-You-Go Act of 2010 as 
being included in an appropriation Act.
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TITLE I—DEPARTMENT OF EN-
ERGY SCIENCE FOR THE FU-
TURE 
SEC. 10101. MISSION OF THE OFFICE OF SCIENCE. 
Section 209 of the Department of Energy Organization 
Act (42 U.S.C. 7139) is amended by adding at the end the 
following: 
‘‘(d) USER FACILITIES.—The Director shall carry out 
the construction, operation, and maintenance of user facili-
ties to support the mission described in subsection (c). As 
practicable, these facilities shall serve the needs of the De-
partment, industry, the academic community, and other 
relevant entities for the purposes of advancing the missions 
of the Department, improving the competitiveness of the 
United States, protecting public health and safety, and ad-
dressing other national priorities including emergencies. 
‘‘(e) COORDINATION.— 
‘‘(1) IN GENERAL.—The Secretary— 
‘‘(A) shall ensure the coordination of the Of-
fice of Science with the other activities of the De-
partment, including the transfer of knowledge, 
capabilities, and relevant technologies from basic 
research programs of the Department to applied 
research and development programs of the De-
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partment for the purpose of enabling develop-
ment of mission-relevant technologies; 
‘‘(B) shall support joint activities among 
the programs of the Department; 
‘‘(C) shall coordinate with other relevant 
Federal agencies operating under existing au-
thorizations relating to subjects relating to the 
mission described in subsection (c) in supporting 
advancements in related research areas as appro-
priate; and 
‘‘(D) may form partnerships to enhance the 
utilization of and ensure access to user facilities 
by other Federal agencies. 
‘‘(2) OFFICE OF SCIENCE.—The Director— 
‘‘(A) shall ensure the coordination of pro-
grams and activities carried out by the Office of 
Science; and 
‘‘(B) shall direct all programs which have 
not recently completed a future planning road-
map consistent with the funding of such pro-
grams authorized under the Research and Devel-
opment, Competition, and Innovation Act to 
complete such a roadmap.’’.
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SEC. 10102. BASIC ENERGY SCIENCES PROGRAM. 
(a) DEPARTMENT OF ENERGY RESEARCH AND INNOVA-
TION ACT.—Section 303 of the Department of Energy Re-
search and Innovation Act (42 U.S.C. 18641) is amended— 
(1) by redesignating subsections (a) through (e) 
as subsections (c) through (g), respectively; 
(2) by inserting before subsection (c), as so redes-
ignated, the following: 
‘‘(a) PROGRAM.—As part of the activities authorized 
under section 209 of the Department of Energy Organiza-
tion Act (42 U.S.C. 7139), the Director shall carry out a 
research and development program in basic energy sciences, 
including materials sciences and engineering, chemical 
sciences, physical biosciences, geosciences, and other dis-
ciplines, to understand, model, and control matter and en-
ergy at the electronic, atomic, and molecular levels in order 
to provide the foundations for new energy technologies, ad-
dress scientific grand challenges, and support the energy, 
environment, and national security missions of the Depart-
ment. 
‘‘(b) SUSTAINABLE CHEMISTRY.—In carrying out 
chemistry-related research and development activities under 
this section, the Director shall prioritize research and devel-
opment of sustainable chemistry to support clean, safe, and 
economic alternatives and methodologies to traditional 
chemical products and processes.’’;
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(3) in subsection (d), as so redesignated— 
(A) in paragraph (3)— 
(i) in subparagraph (C), by striking 
‘‘and’’ at the end; 
(ii) by redesignating subparagraph (D) 
as subparagraph (E); and 
(iii) by inserting after subparagraph 
(C) the following: 
‘‘(D) autonomous chemistry and materials 
synthesis and characterization facilities that le-
verage advances in artificial intelligence; and’’; 
and 
(B) by adding at the end the following: 
‘‘(4) ADVANCED PHOTON SOURCE UPGRADE.— 
‘‘(A) DEFINITIONS.—In this paragraph: 
‘‘(i) FLUX.—The term ‘flux’ means the 
rate of flow of photons. 
‘‘(ii) HARD X-RAY.—The term ‘hard x- 
ray’ means a photon with energy greater 
than 20 kiloelectron volts. 
‘‘(B) UPGRADE.—The Secretary shall pro-
vide for the upgrade to the Advanced Photon 
Source described in the publication approved by 
the Basic Energy Sciences Advisory Committee 
on June 9, 2016, entitled ‘Report on Facility
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Upgrades’, including the development of a 
multibend achromat lattice to produce a high 
flux of coherent x-rays within the hard x-ray en-
ergy region and a suite of beamlines optimized 
for this source. 
‘‘(C) START
OF
OPERATIONS.—The Sec-
retary shall, subject to the availability of appro-
priations, ensure that the start of full operations 
of the upgrade under this paragraph occurs be-
fore March 31, 2026. 
‘‘(D) FUNDING.—Out of funds authorized to 
be appropriated under subsection (j), there is au-
thorized to be appropriated to the Secretary to 
carry out the upgrade under this paragraph 
$14,200,000 for fiscal year 2023. 
‘‘(5) SPALLATION
NEUTRON
SOURCE
PROTON 
POWER UPGRADE.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
provide for the proton power upgrade to the 
Spallation Neutron Source. 
‘‘(B) PROTON POWER UPGRADE DEFINED.— 
In this paragraph, the term ‘proton power up-
grade’ means the Spallation Neutron Source 
power upgrade described in—
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‘‘(i) the publication entitled ‘Facilities 
for the Future of Science: A Twenty-Year 
Outlook’, published by the Office of Science 
of the Department in December, 2003; 
‘‘(ii) the publication entitled ‘Four 
Years Later: An Interim Report on Facili-
ties for the Future of Science: A Twenty- 
Year Outlook’, published by the Office of 
Science of the Department in August, 2007; 
and 
‘‘(iii) the publication approved by the 
Basic Energy Sciences Advisory Committee 
on June 9, 2016, entitled ‘Report on Facil-
ity Upgrades’. 
‘‘(C) START
OF
OPERATIONS.—The Sec-
retary shall, subject to the availability of appro-
priations, ensure that the start of full operations 
of the upgrade under this paragraph occurs be-
fore July 30, 2028, with the option for early op-
eration in 2025. 
‘‘(D) FUNDING.—Out of funds authorized to 
be appropriated under subsection (j), there is au-
thorized to be appropriated to the Secretary to 
carry out the upgrade under this paragraph— 
‘‘(i) $17,000,000 for fiscal year 2023;