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(2) REPORT
REQUIRED.—Not later than 180 
days after the date on which the council is established 
under section 34(h)(7)(A) of the National Institute of 
Standards and Technology Act, as added by para-
graph (1), the council shall submit to the National 
Program Office a report containing recommendations 
for improving inter-network collaboration. 
(3) SUBMITTAL TO CONGRESS.—Not later than 
30 days after the date on which the report required 
by paragraph (2) is submitted to the National Pro-
gram Office, the Director of the National Institute of 
Standards and Technology shall submit such report to 
the Committee on Commerce, Science, and Transpor-
tation, the Committee on Energy and Natural Re-
sources, and the Committee on Armed Services of the 
Senate and the Committee on Science, Space, and 
Technology of the House of Representatives. 
(i) REQUIREMENT FOR NATIONAL PROGRAM OFFICE 
TO DEVELOP STRATEGIES FOR RETAINING DOMESTIC PUB-
LIC BENEFIT AFTER CEASE OF FEDERAL FUNDING.—Sec-
tion 34(h)(2)(C) of the National Institute of Standards and 
Technology Act (15 U.S.C. 278s(h)(2)(C)) is amended by 
inserting ‘‘, including a strategy for retaining domestic 
public benefits from Manufacturing USA institutes once 
Federal funding has been discontinued’’ after ‘‘Program’’.
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† HR 4521 EAS 
(j) MODIFICATION OF FUNCTIONS OF NATIONAL PRO-
GRAM OFFICE TO INCLUDE DEVELOPMENT OF INDUSTRY 
CREDENTIALS.—Section 34(h)(2)(J) of the National Insti-
tute of Standards and Technology Act (15 U.S.C. 
278s(h)(2)(J)) is amended by inserting ‘‘, including the de-
velopment of industry credentials’’ after ‘‘activities’’. 
SEC. 2403. ESTABLISHMENT OF EXPANSION AWARDS PRO-
GRAM IN HOLLINGS MANUFACTURING EXTEN-
SION PARTNERSHIP AND AUTHORIZATION OF 
APPROPRIATIONS FOR THE PARTNERSHIP. 
(a) ESTABLISHMENT OF EXPANSION AWARDS PRO-
GRAM.—The National Institute of Standards and Tech-
nology Act (15 U.S.C. 271 et seq.) is amended by inserting 
after section 25A (15 U.S.C. 278k–1) the following: 
‘‘SEC. 25B. EXPANSION AWARDS PROGRAM. 
‘‘(a) DEFINITIONS.—The terms used in this section 
have the meanings given the terms in section 25. 
‘‘(b) ESTABLISHMENT.—The Director shall establish, 
subject to the availability of appropriations, within the 
Hollings Manufacturing Extension Partnership under sec-
tions 25 and 26 a program of expansion awards among 
participants described in subsection (c) of this section for 
the purposes described in subsection (d) of this section.
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† HR 4521 EAS 
‘‘(c) PARTICIPANTS.—Participants receiving awards 
under this section shall be Centers, or a consortium of Cen-
ters. 
‘‘(d) PURPOSE OF AWARDS.—An award under this sec-
tion shall be made for one or more of the following purposes: 
‘‘(1) To provide worker education, training, de-
velopment, and entrepreneurship training and to con-
nect individuals or business with such services offered 
in their community, which may include employee 
ownership and workforce training, connecting manu-
facturers with career and technical education entities, 
institutions of higher education (including commu-
nity colleges), workforce development boards, State 
government programs for advanced manufacturing, 
entities (such as public-private partnerships) or a col-
lection of entities and individuals carrying out an 
advanced manufacturing forum that would serve edu-
cationally underrepresented individuals (such as 
underrepresented racial and ethnic minorities), labor 
organizations, and nonprofit job training providers to 
develop and support training and job placement serv-
ices, apprenticeship and online learning platforms, 
for new and incumbent workers, programming to pre-
vent job losses when adopting new technologies and
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processes, and development of employee ownership 
practices. 
‘‘(2) To mitigate vulnerabilities to cyberattacks, 
including helping to offset the cost of cybersecurity 
projects for small manufacturers. 
‘‘(3) To expand advanced technology services to 
small- and medium-sized manufacturers, which may 
include— 
‘‘(A) developing technology demonstration 
laboratories; 
‘‘(B) services for the adoption of advanced 
technologies, including smart manufacturing 
technologies and practices; and 
‘‘(C) establishing partnerships, for the devel-
opment, demonstration, and deployment of ad-
vanced technologies, with— 
‘‘(i) national laboratories (as defined 
in section 2 of the Energy Policy Act of 
2005 (42 U.S.C. 15801)); 
‘‘(ii) Federal laboratories; 
‘‘(iii) Manufacturing USA institutes 
(as described in section 2402 of the Endless 
Frontiers Act); and 
‘‘(iv) institutions of higher education.
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‘‘(4) To build capabilities across the Hollings 
Manufacturing Extension Partnership for domestic 
supply chain resiliency and optimization, includ-
ing— 
‘‘(A) assessment of domestic manufacturing 
capabilities, expanded capacity for researching 
and deploying information on supply chain risk, 
hidden costs of reliance on offshore suppliers, 
and other relevant topics; and 
‘‘(B) expanded services to provide industry- 
wide support that assists United States manu-
facturers 
with 
reshoring 
manufacturing 
to 
strengthen the resiliency of domestic supply 
chains, including in critical technology areas 
and foundational manufacturing capabilities 
that are key to domestic manufacturing competi-
tiveness and resiliency, including forming, cast-
ing, machining, joining, surface treatment, tool-
ing, and metal or chemical refining. 
‘‘(e) REIMBURSEMENT.—The Director may reimburse 
Centers for costs incurred by the Centers under this section. 
‘‘(f) PROGRAM CONTRIBUTION.—Recipients of awards 
under this section shall not be required to provide a match-
ing contribution.’’. 
(b) AUTHORIZATION OF APPROPRIATIONS.—
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† HR 4521 EAS 
each fiscal year to carry out section 25B of such Act, 
as added by subsection (a). 
SEC. 2404. NATIONAL MANUFACTURING ADVISORY COUN-
CIL. 
(a) DEFINITIONS.—In this section: 
(1) ADVISORY
COUNCIL.—The term ‘‘Advisory 
Council’’ means the National Manufacturing Advi-
sory Council established under subsection (b)(1). 
(2) APPROPRIATE COMMITTEES OF CONGRESS.— 
The term ‘‘appropriate committees of Congress’’ 
means— 
(A) the Committee on Health, Education, 
Labor, and Pensions, the Committee on Com-
merce, Science, and Transportation, the Com-
mittee on Energy and Natural Resources, the 
Committee on Armed Services, and the Com-
mittee on Appropriations of the Senate; and 
(B) the Committee on Education and 
Labor, the Committee on Science, Space, and 
Technology, the Committee on Energy and Com-
merce, the Committee on Armed Services, and 
the Committee on Appropriations of the House of 
Representatives. 
(3) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Commerce.
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† HR 4521 EAS 
(b) ESTABLISHMENT.— 
(1) IN GENERAL.—The Secretary, in consultation 
with the Secretary of Labor, the Secretary of Defense, 
the Secretary of Energy, and the Secretary of Edu-
cation, shall establish within the Department of Com-
merce the National Manufacturing Advisory Council. 
(2) PURPOSE.—The purpose of the Advisory 
Council shall be to— 
(A) provide worker education, training, de-
velopment, and entrepreneurship training; 
(B) connect individuals and business with 
the services described in subparagraph (A) that 
are offered in the community of the individuals 
or businesses; 
(C) coordinate services relating to employee 
engagement, including employee ownership and 
workforce training; 
(D) connect manufacturers with career and 
technical education entities, institutions of high-
er education, community colleges, workforce de-
velopment boards, labor organizations, and non-
profit job training providers to develop and sup-
port training and job placement services and ap-
prenticeship and online learning platforms for 
new and incumbent workers;
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† HR 4521 EAS 
(E) develop programming to prevent job 
losses as entities adopt new technologies and 
processes; and 
(F) develop best practices for employee own-
ership. 
(c) MISSION.—The mission of the Advisory Council 
shall be to— 
(1) ensure regular communication between the 
Federal Government and the manufacturing sector in 
the United States; 
(2) advise the Federal Government regarding 
policies and programs of the Federal Government that 
affect manufacturing in the United States; 
(3) provide a forum for discussing and proposing 
solutions to problems relating to the manufacturing 
industry in the United States; and 
(4) ensure that the United States remains the 
preeminent destination throughout the world for in-
vestment in manufacturing. 
(d) DUTIES.—The duties of the Advisory Council shall 
include— 
(1) meeting not less frequently than every 180 
days to provide independent advice and recommenda-
tions to the Secretary regarding issues involving 
manufacturing in the United States;
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† HR 4521 EAS 
(2) completing specific tasks requested by the 
Secretary; 
(3) conveying input from key industry, labor, 
academic, defense, governmental, and other stake-
holders to aid in the development of a national stra-
tegic plan for manufacturing in the United States; 
(4) monitoring the status of technological devel-
opments, critical production capacity, skill avail-
ability, investment patterns, emerging defense needs, 
and other key indicators of manufacturing competi-
tiveness to provide foresight for periodic updates to 
the national strategic plan for manufacturing devel-
oped under paragraph (3); 
(5) soliciting input from the public and private 
sectors and academia relating to emerging trends in 
manufacturing, the responsiveness of Federal pro-
gramming with respect to manufacturing, and sugges-
tions for areas of increased Federal attention with re-
spect to manufacturing; 
(6) monitoring global manufacturing trends and 
global threats to manufacturing sectors in the United 
States; 
(7) providing advice and recommendations to the 
Federal Government on matters relating to invest-
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† HR 4521 EAS 
ment in and support of the manufacturing workforce 
relating to— 
(A) worker participation, including through 
labor organizations and through other methods 
determined by the Advisory Council, in the plan-
ning for deployment of new technologies across 
an industry and within workplaces; 
(B) training and education priorities for 
the Federal Government and for employers to as-
sist workers in adapting the skills and experi-
ences of those workers to fit the demands of the 
21st century economy; 
(C) innovative suggestions from workers on 
the development of new technologies and proc-
esses and, as appropriate, assessing the impact of 
those technologies and processes on the workforce 
and economy of the United States; 
(D) management practices that lead to 
worker employment, job quality, worker protec-
tion, worker participation and power in decision 
making, and investment in worker career success; 
(E) policies and procedures to prioritize di-
versity and inclusion in the manufacturing and 
technology workforce by expanding access to job,
329 
† HR 4521 EAS 
career advancement, and management opportu-
nities for underrepresented populations; and 
(F) advice on how to improve access to de-
mand-driven education, training, and re-train-
ing for workers, including community and tech-
nical colleges, higher education, apprenticeships 
and work-based learning opportunities; 
(8) with respect to the manufacturing.gov 
website, or any successor thereto, providing input and 
improvements in order to— 
(A) make that website more user-friendly to 
enhance the ability of that website to— 
(i) provide information to manufactur-
ers; and 
(ii) receive feedback from manufactur-
ers; 
(B) assist that website in becoming the 
principal place of interaction between manufac-
turers in the United States and Federal pro-
grams relating to manufacturing; and 
(C) enable that website to provide assistance 
to manufacturers relating to— 
(i) international trade and investment 
matters;
330 
† HR 4521 EAS 
(ii) research and technology develop-
ment opportunities; 
(iii) workforce development and train-
ing programs and opportunities; 
(iv) small and medium manufacturer 
needs; and 
(v) industrial commons and supply 
chain needs. 
(e) MEMBERSHIP.— 
(1) IN GENERAL.—The Advisory Council shall— 
(A) consist of individuals appointed by the 
Secretary with a balance of backgrounds, experi-
ences, and viewpoints; and 
(B) include an equal proportion of individ-
uals with manufacturing experience who rep-
resent private industry, academia, and labor or-
ganizations. 
(2) 
PUBLIC
PARTICIPATION.—The 
Secretary 
shall, to the maximum extent practicable, accept rec-
ommendations from the public regarding the appoint-
ment of individuals under paragraph (1). 
(3) PERIOD OF APPOINTMENT; VACANCIES.— 
(A) IN GENERAL.—Each member of the Ad-
visory Council shall be appointed by the Sec-
retary for a term of 3 years.
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† HR 4521 EAS 
(B) RENEWAL.—The Secretary may renew 
an appointment made under subparagraph (A) 
not more than 2 additional terms 
(C) STAGGER TERMS.—The Secretary may 
stagger the terms of the members of the Advisory 
Council to ensure that the terms of the members 
expire during different years. 
(D) VACANCIES.—Any member appointed to 
fill a vacancy on the Advisory Council occurring 
before the expiration of the term for which the 
member’s predecessor was appointed shall be ap-
pointed only for the remainder of that term. A 
member may serve after the expiration of that 
term until a successor has been appointed. 
(f) TRANSFER OF FUNCTIONS.— 
(1) IN GENERAL.—All functions of the United 
States Manufacturing Council of the International 
Trade Administration of the Department of Com-
merce, including the personnel, assets, and obligations 
of the United States Manufacturing Council of the 
International Trade Administration of the Depart-
ment of Commerce, as in existence on the day before 
the date of enactment of this division, shall be trans-
ferred to the Advisory Council.
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† HR 4521 EAS 
(2) DEEMING OF NAME.—Any reference in law, 
regulation, document, paper, or other record of the 
United States to the United States Manufacturing 
Council of the International Trade Administration of 
the Department of Commerce shall be deemed a ref-
erence to the Advisory Council. 
(3) UNEXPENDED BALANCES.—Unexpended bal-
ances of appropriations, authorization, allocations, or 
other funds related to the United States Manufac-
turing Council of the International Trade Adminis-
tration of the Department of Commerce shall be avail-
able for use by the Advisory Council for the purpose 
for which the appropriations, authorizations, alloca-
tions, or other funds were originally made available. 
(g) REPORT.—Not later than 180 days after the date 
on which the Advisory Council holds the initial meeting of 
the Advisory Council and annually thereafter, the Advisory 
Council shall submit to the appropriate committees of Con-
gress a report containing a detailed statement of the advice 
and recommendations of the Advisory Council required 
under subsection (d)(7).
333 
† HR 4521 EAS 
TITLE V—MISCELLANEOUS 
SEC. 2501. STRATEGY AND REPORT ON ECONOMIC SECU-
RITY, SCIENCE, RESEARCH, AND INNOVATION 
TO 
SUPPORT 
THE 
NATIONAL 
SECURITY 
STRATEGY. 
(a) NATIONAL SECURITY STRATEGY DEFINED.—In 
this section, the term ‘‘national security strategy’’ means 
the national security strategy required by section 108 of the 
National Security Act of 1947 (50 U.S.C. 3043). 
(b) STRATEGY AND REPORT.— 
(1) IN GENERAL.—Not later than 90 days after 
the transmission of each national security strategy 
under section 108(a) of the National Security Act of 
1947 (50 U.S.C. 3043(a)), the Director of the Office 
of Science and Technology Policy shall, in coordina-
tion with the National Science and Technology Coun-
cil, the Director of the National Economic Council, 
and the heads of such other relevant Federal agencies 
as the Director of the Office of Science and Tech-
nology Policy considers appropriate and in consulta-
tion with such nongovernmental partners as the Di-
rector of the Office of Science and Technology Policy 
considers appropriate— 
(A) review such strategy, programs, and re-
sources as the Director of the Office of Science
334 
† HR 4521 EAS 
and Technology Policy determines pertain to 
United 
States 
national 
competitiveness 
in 
science, research, innovation, and technology 
transfer, including patenting and licensing, to 
support the national security strategy; 
(B) develop or revise a national strategy to 
improve the national competitiveness of the 
United States in science, research, and innova-
tion to support the national security strategy; 
and 
(C) submit to Congress— 
(i) a report on the findings of the Di-
rector with respect to the review conducted 
under subparagraph (A); and 
(ii) the strategy developed or revised 
under subparagraph (B). 
(2) TERMINATION.—The requirement of para-
graph (1) shall terminate on the date that is 5 years 
after the date of the enactment of this Act. 
(c) ELEMENTS.— 
(1) REPORT.—Each report submitted under sub-
section (b)(1)(C)(i) shall include the following: 
(A) An assessment of public and private in-
vestment in civilian and military science and
335 
† HR 4521 EAS 
technology 
and 
its 
implications 
for 
the 
geostrategic position of the United States. 
(B) A description of the prioritized eco-
nomic security interests and objectives, including 
domestic job creation, of the United States relat-
ing to science, research, and innovation and an 
assessment of how investment in civilian and 
military science and technology can advance 
those objectives. 
(C) An assessment of global trends in 
science and technology, including potential 
threats to the leadership of the United States in 
science and technology. 
(D) An assessment of the national debt and 
its implications for the economic and national 
security of the United States. 
(E) An assessment of how regional efforts 
are contributing and could contribute to the in-
novation capacity of the United States, includ-
ing programs run by State and local govern-
ments. 
(F) An assessment of— 
(i) workforce needs for competitiveness 
in key technology focus areas; and 
(ii) any efforts needed—
336 
† HR 4521 EAS 
(I) to expand pathways into key 
technology focus areas; and 
(II) to improve workforce develop-
ment and employment systems, as well 
as programs and practices to upskill 
incumbent workers. 
(G) An assessment of barriers to competi-
tiveness and barriers to the development and evo-
lution of start-ups, small and mid-sized business 
entities, and industries. 
(H) An assessment of the effectiveness of the 
Federal Government, federally funded research 
and development centers, and national labs in 
supporting and promoting technology commer-
cialization and technology transfer, including an 
assessment of the adequacy of Federal research 
and development funding in creating new domes-
tic manufacturing growth and job creation 
across sectors and promoting competitiveness 
and the development of new technologies. 
(I) An assessment of manufacturing capac-
ity, logistics, and supply chain dynamics of 
major export sectors, including access to a skilled 
workforce, 
physical 
infrastructure, 
and 
broadband network infrastructure.
339 
† HR 4521 EAS 
(ii) Strategic objectives and priorities 
necessary to maintain the leadership of the 
United States in science and technology, in-
cluding near-term, medium-term, and long- 
term research priorities. 
(iii) Specific plans to safeguard re-
search and technology funded, as appro-
priate, in whole or in part, by the Federal 
Government, including in the key tech-
nology focus areas, from theft or exfiltration 
by foreign entities of concern. 
(iv) Specific plans to support public 
and private sector investment in research, 
technology 
development, 
education 
and 
workforce development, and domestic manu-
facturing supportive of the national eco-
nomic competitiveness of the United States 
and to foster the use of public-private part-
nerships. 
(v) Specific plans to promote sustain-
ability practices and strategies for increas-
ing jobs in the United States. 
(vi) A description of—
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† HR 4521 EAS 
(I) how the strategy submitted 
under subsection (b)(1)(C)(ii) supports 
the national security strategy; and 
(II) how the strategy submitted 
under such subsection is integrated and 
coordinated with the most recent na-
tional defense strategy under section 
113(g) of title 10, United States Code. 
(vii) A plan to encourage the govern-
ments of countries that are allies or part-
ners of the United States to cooperate with 
the execution of the strategy submitted 
under subsection (b)(1)(C)(ii), where appro-
priate. 
(viii) A plan for how the United States 
should develop local and regional capacity 
for building innovation ecosystems across 
the Nation by providing Federal support. 
(ix) A plan for strengthening the in-
dustrial base of the United States. 
(x) A plan to remove or update overly 
burdensome or outdated Federal regulations 
as appropriate. 
(xi) A plan—
341 
† HR 4521 EAS 
(I) to further incentivize industry 
participation in public-private part-
nerships for the purposes of accel-
erating technology research and com-
mercialization, 
including 
alternate 
ways of accounting for in-kind con-
tributions and value of partially man-
ufactured products; 
(II) to ensure that intellectual 
property developed with Federal fund-
ing is commercialized in the United 
States; and 
(III) to ensure, to the maximum 
appropriate extent, that intellectual 
property developed with Federal fund-
ing is not being used by foreign busi-
ness entities that are majority owned 
or controlled (as defined in section 
800.208 of title 31, Code of Federal 
Regulations, or a successor regulation), 
or minority owned greater than 25 
percent by— 
(aa) any governmental orga-
nization of the People’s Republic 
of China; or
342 
† HR 4521 EAS 
(bb) any other entity that 
is— 
(AA) known to be owned 
or controlled by any govern-
mental organization of the 
People’s Republic of China; 
or 
(BB) organized under, 
or otherwise subject to, the 
laws of the People’s Republic 
of China. 
(xii) An identification of additional 
resources, administrative action, or legisla-
tive action recommended to assist with the 
implementation of such strategy. 
(d) RESEARCH AND DEVELOPMENT FUNDING.—The 
Director of the Office of Science and Technology Policy 
shall, as the Director considers necessary, consult with the 
Director of the Office of Management and Budget and with 
the heads of such other elements of the Executive Office of 
the President as the Director of the Office of Science and 
Technology Policy considers appropriate to ensure that the 
recommendations and priorities with respect to research 
and development funding as expressed in the most recent 
report and strategy submitted under subsection (b)(1)(C)
343 
† HR 4521 EAS 
are incorporated into the development of annual budget re-
quests for Federal research agencies. 
(e) PUBLICATION.—The Director of the Office of 
Science and Technology Policy shall, consistent with the 
protection of national security and other sensitive matters 
and otherwise to the maximum extent practicable, make 
each report submitted under subsection (b)(1)(C)(i) publicly 
available on an internet website of the Office of Science and 
Technology Policy. The report may include a classified 
annex if the working group determines appropriate. 
SEC. 2502. PERSON OR ENTITY OF CONCERN PROHIBITION. 
No person published on the list under section 1237(b) 
of the Strom Thurmond National Defense Authorization Act 
for Fiscal Year 1999 (Public Law 105–261; 50 U.S.C. 1701 
note) or entity identified under section 1260H of the Wil-
liam M. (Mac) Thornberry National Defense Authorization 
Act for Fiscal Year 2021 (Public Law 116–283) may receive 
or participate in any grant, award, program, support, or 
other activity under— 
(1) the Directorate established in section 2102; 
(2) the supply chain resiliency program under 
section 2505; 
(3) section 28(b)(1) of the Stevenson-Wydler 
Technology Innovation Act of 1980 (15 U.S.C. 3701 
et seq.), as added by section 2401(a); or
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† HR 4521 EAS 
(4) the Manufacturing USA Program, as im-
proved and expanded under section 2402. 
SEC. 2503. STUDY ON EMERGING SCIENCE AND TECH-
NOLOGY CHALLENGES FACED BY THE UNITED 
STATES AND RECOMMENDATIONS TO AD-
DRESS THEM. 
(a) SHORT TITLE.—This section may be cited as the 
‘‘National Strategy to Ensure American Leadership Act of 
2021’’ or the ‘‘National SEAL Act of 2021’’. 
(b) STUDY.— 
(1) IN GENERAL.—The Secretary of Commerce 
shall seek to enter into an agreement with the Na-
tional Academies of Sciences, Engineering, and Medi-
cine to conduct a study— 
(A) to identify the 10 most critical emerg-
ing science and technology challenges facing the 
United States; and 
(B) to develop recommendations for legisla-
tive or administrative action to ensure United 
States leadership in matters relating to such 
challenges. 
(2) ELEMENTS.—The study conducted under 
paragraph (1) shall include identification, review, 
and evaluation of the following:
345 
† HR 4521 EAS 
(A) Matters pertinent to identification of 
the challenges described in paragraph (1)(A). 
(B) Matters relating to the recommenda-
tions developed under paragraph (1)(B), includ-
ing with respect to education and workforce de-
velopment necessary to address each of the chal-
lenges identified under paragraph (1)(A). 
(C) Matters related to the review of key 
technology focus areas by the Director of the Na-
tional Science Foundation under section 2005. 
(D) An assessment of the current relative 
balance in leadership in addressing the chal-
lenges identified in paragraph (1)(A) between the 
United States, allies or key partners of the 
United States, and the People’s Republic of 
China. 
(3) TIMEFRAME.— 
(A) AGREEMENT.—The Secretary of Com-
merce shall seek to enter into the agreement re-
quired by paragraph (1) on or before the date 
that is 60 days after the date of enactment of 
this Act. 
(B) FINDINGS.—Under an agreement en-
tered into under paragraph (1), the National 
Academies of Sciences, Engineering, and Medi-
346 
† HR 4521 EAS 
cine shall, not later than 1 year after the date 
on which the Secretary of Commerce and the Na-
tional Academies enter into such agreement, 
transmit to the Secretary of Commerce the find-
ings of the National Academies with respect to 
the study conducted pursuant to such agreement. 
(c) REPORT.— 
(1) IN GENERAL.—Not later than 30 days after 
the date on which the Secretary of Commerce receives 
the findings of the National Academies of Sciences, 
Engineering, and Medicine with respect to the study 
conducted under subsection (b), the Secretary of Com-
merce shall submit to Congress a ‘‘Strategy to Ensure 
American Leadership’’ report on such study. 
(2) CONTENTS.—The report submitted under 
paragraph (1) shall include the following: 
(A) The findings of the National Academies 
of Sciences, Engineering, and Medicine with re-
spect to the study conducted under subsection (b). 
(B) The conclusions of the Secretary of 
Commerce with respect to such findings. 
(C) The recommendations developed under 
subsection (b)(1)(B). 
(D) Such other recommendations for legisla-
tive or administrative action as the Secretary of
347 
† HR 4521 EAS 
Commerce may have with respect to such find-
ings and conclusions. 
(3) CLASSIFIED ANNEX.—The report submitted 
under paragraph (1) shall be submitted in unclassi-
fied form, but may include a classified annex if the 
Secretary of Commerce determines appropriate. 
(d) INFORMATION FROM FEDERAL AGENCIES.— 
(1) IN GENERAL.—The National Academies of 
Sciences, Engineering, and Medicine may secure di-
rectly from a Federal department or agency such in-
formation as the National Academies of Sciences, En-
gineering, and Medicine consider necessary to carry 
out the study under subsection (b). 
(2) FURNISHING INFORMATION.—On request of 
the National Academies of Sciences, Engineering, and 
Medicine for information, the head of the department 
or agency shall furnish such information to the Na-
tional Academies of Sciences, Engineering, and Medi-
cine. 
(e) CONSULTATION.—The Secretary of Defense and the 
Director of National Intelligence shall provide support upon 
request from the Secretary of Commerce or the National 
Academies to carry out this section. 
(f) NON-DUPLICATION OF EFFORT.—In carrying out 
subsection (b), the Secretary of Commerce shall, to the de-
348 
† HR 4521 EAS 
gree practicable, coordinate with the steering committee es-
tablished under section 236(a) of the William M. (Mac) 
Thornberry National Defense Authorization Act for Fiscal 
Year 2021 (Public Law 116–283). 
SEC. 2504. REPORT ON GLOBAL SEMICONDUCTOR SHORT-
AGE. 
Not later than 1 year after the date of enactment of 
this division, the Comptroller General of the United States 
shall submit to Congress a report on the global semicon-
ductor supply shortage and the impact of that shortage on 
manufacturing in the United States. 
SEC. 2505. SUPPLY CHAIN RESILIENCY PROGRAM. 
(a) DEFINITIONS.—In this section: 
(1) CRITICAL INDUSTRY.—The term ‘‘critical in-
dustry’’ means an industry identified under sub-
section (f)(1)(A)(i). 
(2) 
CRITICAL
INFRASTRUCTURE.—The 
term 
‘‘critical infrastructure’’ has the meaning given the 
term in the Critical Infrastructures Protection Act of 
2001 (42 U.S.C. 5195c). 
(3) LABOR ORGANIZATION.—The term ‘‘labor or-
ganization’’ has the meaning given the term in sec-
tion 2101.
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† HR 4521 EAS 
(4) PROGRAM.—The term ‘‘program’’ means the 
supply chain resiliency and crisis response program 
established under subsection (b). 
(5) RESILIENT SUPPLY CHAIN.—The term ‘‘resil-
ient supply chain’’ means a supply chain that— 
(A) ensures that the United States can sus-
tain critical industry production, supply chains, 
services, and access to critical goods and services 
during supply chain shocks, including pandemic 
and biological threats, cyberattacks, extreme 
weather events, terrorist and geopolitical attacks, 
great power conflicts, and other threats to the 
national security of the United States; and 
(B) has key components of resilience that 
include— 
(i) effective private sector risk manage-
ment and mitigation planning to sustain 
critical supply chains and supplier net-
works during a supply chain shock; 
(ii) minimized or managed exposure to 
supply chain shocks; and 
(iii) the financial and operational ca-
pacity to— 
(I) sustain critical industry sup-
ply chains during shocks; and
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† HR 4521 EAS 
(II) recover from supply chain 
shocks. 
(6) RELEVANT COMMITTEES OF CONGRESS.—The 
term ‘‘relevant committees of Congress’’ means— 
(A) the Committee on Commerce, Science, 
and Transportation of the Senate; 
(B) the Committee on Appropriations of the 
Senate; 
(C) the Committee on Finance of the Sen-
ate; 
(D) the Committee on Homeland Security 
and Governmental Affairs of the Senate; 
(E) the Committee on Armed Services of the 
Senate; 
(F) the Committee on Energy and Natural 
Resources of the Senate; 
(G) the Select Committee on Intelligence of 
the Senate; 
(H) the Committee on Science, Space, and 
Technology of the House of Representatives; 
(I) the Committee on Energy and Commerce 
of the House of Representatives; 
(J) the Committee on Appropriations of the 
House of Representatives;
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† HR 4521 EAS 
(K) the Committee on Ways and Means of 
the House of Representatives; 
(L) the Committee on Homeland Security of 
the House of Representatives; 
(M) the Committee on Armed Services of the 
House of Representatives; and 
(N) the Permanent Select Committee on In-
telligence of the House of Representatives. 
(7) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Commerce. 
(8) SUPPLY
CHAIN
INFORMATION.—The term 
‘‘supply chain information’’ means information that 
is not customarily in the public domain and relating 
to— 
(A) sustaining and adapting supply chains 
during a supply chain shock, including pan-
demic and biological threats, cyberattacks, ex-
treme weather events, terrorist and geopolitical 
attacks, great power conflict, and other threats to 
national security; 
(B) the development of supply chain risk 
mitigation and recovery planning with respect to 
a supply chain shock, including any planned or 
past assessment, projection, or estimate of a vul-
nerability within the supply chain, including
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† HR 4521 EAS 
testing, supplier network assessments, production 
flexibility, risk evaluations thereto, risk manage-
ment planning, or risk audits; or 
(C) operational best practices, planning, 
and supplier partnerships that enable enhanced 
supply chain resilience during a supply chain 
shock, including response, repair, recovery, re-
construction, insurance, or continuity. 
(b) ESTABLISHMENT.—The Secretary shall establish in 
the Department of Commerce a supply chain resiliency and 
crisis response program to carry out the activities described 
in subsection (d). 
(c) MISSION.—The mission of the program shall be 
to— 
(1) help to promote the leadership of the United 
States with respect to critical industries that are es-
sential to the mid-term and long-term national secu-
rity of the United States; and 
(2) encourage partnerships between the Federal 
Government and industry, labor organizations, and 
State, local, territorial, and Tribal governments in 
order to— 
(A) promote resilient supply chains; and 
(B) respond to critical industry supply 
chain shocks.
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† HR 4521 EAS 
(d) ACTIVITIES.—Under the program, the Secretary, 
acting through 1 or more bureaus or other divisions of the 
Department of Commerce as appropriate, shall carry out 
activities— 
(1) in coordination with the private sector, to— 
(A) map and monitor critical industry sup-
ply chains; and 
(B) identify high priority supply chain 
gaps and vulnerabilities in critical industries 
that— 
(i) exist as of the date of enactment of 
this division; or 
(ii) are anticipated in the future; 
(2) in coordination with the private sector and 
State, local, territorial, and Tribal governments, and 
as appropriate, in cooperation with the governments 
of countries that are allies or key international part-
ners of the United States, to— 
(A) identify opportunities to reduce supply 
chain gaps and vulnerabilities in critical indus-
tries; 
(B) encourage partnerships between the 
Federal Government and industry, labor organi-
zations, and State, local, territorial, and Tribal 
governments to better respond to supply chain
354 
† HR 4521 EAS 
shocks to critical industries and coordinate re-
sponse efforts; 
(C) develop or identify opportunities to 
build the capacity of the United States, or coun-
tries that are allies of the United States, in crit-
ical industries; and 
(D) develop contingency plans and coordi-
nation mechanisms to improve critical industry 
supply chain response to supply chain shocks; 
and 
(3) acting within existing authorities of the De-
partment of Commerce and in coordination with the 
Secretary of State and the United States Trade Rep-
resentative, to— 
(A) work with governments of countries that 
are allies or partners of the United States to pro-
mote diversified and resilient supply chains that 
ensure the supply of critical goods to both the 
United States and companies of countries that 
are allies of the United States; and 
(B) coordinate with other divisions of the 
Department of Commerce and other Federal 
agencies to leverage existing authorities, as of the 
date of enactment of this division, to encourage 
resilient supply chains.
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† HR 4521 EAS 
(e) COORDINATION GROUP.—In carrying out the ac-
tivities under subsection (d), the Secretary may— 
(1) establish a unified coordination group, which 
may include private sector partners, as appropriate, 
to serve as the primary method for coordinating be-
tween and among Federal agencies to plan for supply 
chain shocks; 
(2) establish subgroups of the unified coordina-
tion group established under paragraph (1) led by the 
head of an appropriate Federal agency; 
(3) through the unified coordination group estab-
lished under paragraph (1)— 
(A) acquire on a voluntary basis technical, 
engineering, and operational supply chain infor-
mation from the private sector, in a manner that 
ensures any supply chain information provided 
by the private sector is kept confidential and as 
required under section 552 of title 5, United 
States Code (commonly known as the ‘‘Freedom 
of Information Act)’’; 
(B) study the supply chain information ac-
quired under subparagraph (A) to assess critical 
industry supply chain resilience and inform 
planning;
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† HR 4521 EAS 
(C) convene with relevant private sector en-
tities to share best practices, planning, and ca-
pabilities to response to potential supply chain 
shocks; and 
(D) develop contingency plans and coordi-
nation mechanisms to ensure an effective and co-
ordinated response to potential supply chain 
shocks; and 
(4) enter into agreements with governments of 
countries that are allies or partners of the United 
States relating to enhancing critical industry supply 
chain security and resilience in response to supply 
chain shocks. 
(f) REPORT ON SUPPLY CHAIN RESILIENCY AND DO-
MESTIC MANUFACTURING.— 
(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this division, and from time 
to time thereafter, the Secretary, in coordination with 
relevant Federal agencies and relevant private sector 
entities, labor organizations, and State, local, terri-
torial, and Tribal governments, shall submit to the 
relevant committees of Congress a review that— 
(A) identifies— 
(i) industries that are critical for the 
national security of the United States, con-
357 
† HR 4521 EAS 
sidering the key technology focus areas 
under this division and critical infrastruc-
ture; and 
(ii) supplies that are critical to the cri-
sis preparedness of the United States; 
(B) describes— 
(i) the manufacturing base and supply 
chains for critical industries in the United 
States as of the date of enactment of this di-
vision, including the manufacturing base 
and supply chains for— 
(I) raw materials; 
(II) production equipment; and 
(III) other goods, including semi-
conductors, that are essential to the 
production of technologies and supplies 
for critical industries; and 
(ii) the ability of the United States 
to— 
(I) maintain readiness; and 
(II) in response to a supply chain 
shock— 
(aa) surge production in 
critical industries; and
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† HR 4521 EAS 
(bb) maintain access to crit-
ical goods and services; 
(C) identifies defense, intelligence, home-
land, economic, domestic labor supply, natural, 
geopolitical, or other contingencies that may dis-
rupt, strain, compromise, or eliminate the sup-
ply chain for those critical industries; 
(D) assesses— 
(i) the resiliency and capacity of the 
manufacturing base, supply chains, and 
workforce of the United States, the allies of 
the United States, and the partners of the 
United States that can sustain critical in-
dustries through a supply chain shock; and 
(ii) any single points of failure in the 
supply chains described in clause (i); 
(E) assesses the flexible manufacturing ca-
pacity and capabilities available in the United 
States in the case of an emergency; 
(F) makes specific recommendations to im-
prove the security and resiliency of manufac-
turing capacity and supply chains for critical 
industries by— 
(i) developing long-term strategies;
359 
† HR 4521 EAS 
(ii) increasing visibility into the net-
works and capabilities of suppliers; 
(iii) identifying industry best prac-
tices; 
(iv) evaluating how diverse supplier 
networks, multi-platform and multi-region 
production capabilities and sources, and in-
tegrated global and regional supply chains 
can enhance the resilience of— 
(I) critical industries in the 
United States; 
(II) jobs in the United States; 
(III) capabilities of the United 
States; and 
(IV) the support access of the 
United States to needed goods and 
services during a supply chain shock; 
(v) identifying and mitigating risks, 
including— 
(I) the financial and operational 
risks of a supply chain after a supply 
chain shock; 
(II) significant vulnerabilities to 
extreme weather events, cyberattacks, 
pandemic and biological threats, ter-
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† HR 4521 EAS 
rorist and geopolitical attacks, and 
other emergencies; and 
(III) 
exposure 
to 
gaps 
and 
vulnerabilities in— 
(aa) domestic capacity or ca-
pabilities; and 
(bb) sources of imports need-
ed to sustain critical industries; 
(vi) identifying enterprise resource 
planning systems that are— 
(I) 
compatible 
across 
supply 
chain tiers; and 
(II) affordable for small and me-
dium-sized businesses; 
(vii) understanding the total cost of 
ownership, total value contribution, and 
other best practices that encourage strategic 
partnerships throughout supply chains; 
(viii) understanding Federal procure-
ment opportunities to increase resiliency of 
supply chains for goods and services and fill 
gaps in domestic purchasing; 
(ix) identifying policies that maximize 
job retention and creation in the United
361 
† HR 4521 EAS 
States, including workforce development 
programs; 
(x) identifying opportunities to work 
with allies or key partners of the United 
States in building more resilient critical in-
dustry supply chains and mitigating risks; 
(xi) identifying areas requiring further 
investment in research and development or 
workforce education; and 
(xii) identifying such other services as 
the Secretary determines necessary; 
(G) provides guidance to the Department of 
Commerce, the National Science Foundation, 
and other relevant Federal agencies with respect 
to technologies and supplies that should be 
prioritized; 
(H) with respect to countries that are allies 
or key partners of the United States— 
(i) reviews and, if appropriate, pro-
vides recommendations for expanding the 
sourcing of goods associated with critical 
industries from those countries; and 
(ii) recommends coordination with 
those countries on—
362 
† HR 4521 EAS 
(I) sourcing critical raw mate-
rials, inputs, and products; and 
(II) sustaining production and 
availability of critical supplies during 
a supply chain shock; 
(I) monitors and makes recommendations 
for strengthening the financial and operational 
health of small and medium-sized businesses in 
supply chains of the United States and countries 
that are allies or partners of the United States 
to mitigate risks and ensure diverse and com-
petitive supplier markets that are less vulnerable 
to single points of failure; and 
(J) assessment of policies, rules, and regula-
tions that impact domestic manufacturing oper-
ating costs and inhibit the ability for domestic 
manufacturing to compete with global competi-
tors. 
(2) PROHIBITION.—The report submitted under 
paragraph (1) may not include— 
(A) supply chain information that is not 
aggregated; or 
(B) confidential business information of a 
private sector entity. 
(g) SEMICONDUCTOR INCENTIVES.—
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† HR 4521 EAS 
(1) IN GENERAL.—The Secretary shall carry out 
the program established under section 9902 of the 
William M. (Mac) Thornberry National Defense Au-
thorization Act for Fiscal Year 2021 (Public Law 
116–283) as part of the program. 
(2) 
TECHNICAL
AND
CONFORMING
AMEND-
MENT.—Section 9902(a)(1) of the William M. (Mac) 
Thornberry National Defense Authorization Act for 
Fiscal Year 2021 (Public Law 116–283) is amended 
by striking ‘‘in the Department of Commerce’’ and in-
serting ‘‘as part of the program established under sec-
tion 2505 of the Endless Frontier Act’’. 
(h) REPORT TO CONGRESS.—Concurrent with the an-
nual submission by the President of the budget under sec-
tion 1105 of title 31, United States Code, the Secretary shall 
submit to the relevant committees of Congress a report that 
contains a summary of every activity carried out under this 
section during the year covered by the report. 
(i) COORDINATION.— 
(1) IN
GENERAL.—In implementing the pro-
gram, the Secretary shall, as appropriate coordinate 
with— 
(A) the heads of Federal agencies, includ-
ing— 
(i) the Secretary of State; and
364 
† HR 4521 EAS 
(ii) the United States Trade Represent-
ative; and 
(B) the Attorney General and the Federal 
Trade Commission with respect to— 
(i) advice on the design and activities 
of the unified coordination group described 
in subsection (e)(1); and 
(ii) ensuring compliance with Federal 
antitrust law. 
(2) SPECIFIC COORDINATION.—In implementing 
the program, with respect to supply chains involving 
specific sectors, the Secretary shall, as appropriate, 
coordinate with— 
(A) the Secretary of Defense; 
(B) the Secretary of Homeland Security; 
(C) the Secretary of the Treasury; 
(D) the Secretary of Energy; 
(E) the Secretary of Transportation; 
(F) the Secretary of Agriculture; 
(G) the Director of National Intelligence; 
and 
(H) the heads of other relevant agencies. 
(j) RULE OF CONSTRUCTION.—Nothing in this section 
shall be construed to require any private entity— 
(1) to share information with the Secretary;
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† HR 4521 EAS 
(2) to request assistance from the Secretary; or 
(3) that requests assistance from the Secretary to 
implement any measure or recommendation suggested 
by the Secretary. 
(k) PROTECTIONS.— 
(1) IN GENERAL.— 
(A) PROTECTIONS.—Subsections (a)(1), (b), 
(c), and (d) of section 2224 of the Homeland Se-
curity Act of 2002 (6 U.S.C. 673) shall apply to 
the voluntary submission of supply chain infor-
mation by a private entity under this section in 
the same manner as those provisions apply to 
critical infrastructure information voluntarily 
submitted to a covered agency for an other infor-
mational purpose under that subsection if the 
voluntary submission is accompanied by an ex-
press statement described in paragraph (2) of 
this subsection; and 
(B) REFERENCES.—For the purpose of this 
subsection, with respect to section 2224 of the 
Homeland Security Act of 2002 (6 U.S.C. 
673)— 
(i) the express statement described in 
subsection (a)(1) of that section shall be
366 
† HR 4521 EAS 
deemed to refer to the express statement de-
scribed in paragraph (2) of this subsection; 
(ii) references in the subsections de-
scribed in subparagraph (A) to ‘‘this sub-
title’’ shall be deemed to refer to this section; 
(iii) the reference to ‘‘protecting crit-
ical infrastructure or protected systems’’ in 
subsection (a)(1)(E)(iii) of that section shall 
be deemed to refer to carrying out this sec-
tion; and 
(iv) the reference to ‘‘critical infra-
structure information’’ in subsections (b) 
and (c) of that section shall be deemed to 
refer to supply chain information. 
(2) EXPRESS
STATEMENT.—The express state-
ment described in this paragraph, with respect to in-
formation or records, is— 
(A) in the case of written information or 
records, a written marking on the information or 
records substantially similar to the following: 
‘‘This information is voluntarily submitted to 
the Federal Government in expectation of protec-
tion from disclosure as provided by the provi-
sions of section 2505 of the Endless Frontier 
Act.’’; or
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† HR 4521 EAS 
(B) in the case of oral information, a writ-
ten statement similar to the statement described 
in subparagraph (A) submitted within a reason-
able period following the oral communication. 
(3) INAPPLICABILITY TO SEMICONDUCTOR INCEN-
TIVE PROGRAM.—This subsection shall not apply to 
the voluntary submission of supply chain information 
by a private entity in an application for Federal fi-
nancial assistance under section 9902 of the William 
M. (Mac) Thornberry National Defense Authorization 
Act for Fiscal Year 2021 (Public Law 116–283). 
(l) DETERMINATION RELATED TO OPTICAL TRANS-
MISSION EQUIPMENT.— 
(1) PROCEEDING.—Not later than 45 days after 
the date of enactment of this division , the Secretary 
of Commerce shall commence a process to make a de-
termination for purposes of sect ion 2 of the Secure 
and Trusted Communications Networks Act of 2019 
(47 U.S.C. 1601) whether optical transmission equip-
ment manufactured, produced, or distributed by an 
entity owned, controlled, or supported by the People’s 
Republic of China poses an unacceptable risk to the 
national security of the United States or the security 
and safety of United States persons.
368 
† HR 4521 EAS 
(2) COMMUNICATION OF DETERMINATION.—If the 
Secretary determines pursuant to paragraph (1) that 
such optical transmission equipment poses an unac-
ceptable risk consistent with that paragraph, the Sec-
retary shall immediately transmit that determination 
to the Federal Communications Commission con-
sistent with section 2 of the Secure and Trusted Com-
munications Networks Act of 2019 (47 U.S.C. 1601). 
SEC. 2506. SEMICONDUCTOR INCENTIVES. 
(a) DEFINITIONS.—Section 9901 of the William M. 
(Mac) Thornberry National Defense Authorization Act for 
Fiscal Year 2021 (Public Law 116–283) is amended— 
(1) by redesignating paragraphs (4), (5), (6), 
(7), (8), and (9) as paragraphs (5), (6), (7), (8), (10), 
and (11), respectively; 
(2) by inserting after paragraph (3) the fol-
lowing: 
‘‘(4) The term ‘critical manufacturing indus-
try’— 
‘‘(A) means an industry— 
‘‘(i) that is assigned a North American 
Industry Classification System code begin-
ning with 31, 32, or 33; and 
‘‘(ii) for which the industry compo-
nents that are assigned a North American
369 
† HR 4521 EAS 
Industry Classification System code begin-
ning with the same 4 digits as the indus-
try— 
‘‘(I) manufacture primary prod-
ucts and parts, the sum of which ac-
count for not less than 5 percent of the 
manufacturing value added by indus-
try gross domestic product of the 
United States; and 
‘‘(II) employ individuals for pri-
mary products and parts manufac-
turing activities that, combined, ac-
count for not less than 5 percent of 
manufacturing employment in the 
United States; and 
‘‘(B) may include any other manufacturing 
industry designated by the Secretary based on 
the relevance of the manufacturing industry to 
the national and economic security of the United 
States, including the impacts of job losses.’’; 
(3) by inserting after paragraph (8), as so redes-
ignated, the following: 
‘‘(9) The term ‘mature technology node’ has the 
meaning given the term by the Secretary.’’.
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† HR 4521 EAS 
(b) SEMICONDUCTOR PROGRAM.—Section 9902 of the 
William M. (Mac) Thornberry National Defense Authoriza-
tion Act for Fiscal Year 2021 (Public Law 116–283) is 
amended— 
(1) in subsection (a)(2)— 
(A) in subparagraph (B)(ii)— 
(i) in subclause (III), by striking 
‘‘and’’ at the end; 
(ii) in subclause (IV), by striking the 
period at the end and inserting ‘‘and’’; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(V) determined— 
‘‘(aa) the type of semicon-
ductor technology the covered enti-
ty will produce at the facility de-
scribed in clause (i); and 
‘‘(bb) the customers to which 
the covered entity plans to sell the 
semiconductor 
technology 
de-
scribed in item (aa).’’; 
(B) in subparagraph (C)— 
(i) in clause (i)— 
(I) in subclause (II), by striking 
‘‘is in the interest of the United
371 
† HR 4521 EAS 
States’’ and inserting ‘‘is in the eco-
nomic and national security interests 
of the United States’’; and 
(II) in subclause (III), by striking 
‘‘and’’ at the end; 
(ii) in clause (ii)(IV), by striking 
‘‘and’’ at the end; 
(iii) by redesignating clause (iii) as 
clause (iv); and 
(iv) by inserting after clause (ii) the 
following: 
‘‘(iii) the Secretary shall consider the 
type of semiconductor technology produced 
by the covered entity and whether that semi-
conductor technology advances the economic 
and national security interests of the 
United States; and’’; 
(C) by redesignating subparagraph (D) as 
subparagraph (E); and 
(D) by inserting after subparagraph (C) the 
following: 
‘‘(D) PRIORITY.—In awarding Federal fi-
nancial assistance to covered entities under sub-
section (a), the Secretary shall give priority to
372 
† HR 4521 EAS 
ensuring that a covered entity receiving finan-
cial assistance will— 
‘‘(i) manufacture semiconductors nec-
essary to address gaps and vulnerabilities 
in the domestic supply chain across a di-
verse range of technology and process nodes; 
and 
‘‘(ii) provide a secure supply of semi-
conductors necessary for the national secu-
rity, manufacturing, critical infrastructure, 
and technology leadership of the United 
States and other essential elements of the 
economy of the United States.’’; and 
(2) by adding at the end the following: 
‘‘(d) SENSE OF CONGRESS.—It is the sense of Congress 
that, in carrying out subsection (a), the Secretary should 
allocate funds in a manner that— 
‘‘(1) strengthens the security and resilience of the 
semiconductor supply chain, including by mitigating 
gaps and vulnerabilities; 
‘‘(2) provides a supply of secure semiconductors 
relevant for national security; 
‘‘(3) strengthens the leadership of the United 
States in semiconductor technology;
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† HR 4521 EAS 
‘‘(4) grows the economy of the United States and 
supports job creation in the United States; and 
‘‘(5) improves the resiliency of the semiconductor 
supply chains of critical manufacturing industries. 
‘‘(e) ADDITIONAL ASSISTANCE FOR MATURE TECH-
NOLOGY NODES.— 
‘‘(1) IN GENERAL.—The Secretary shall establish 
within the program established under subsection (a) 
an additional program that provides Federal finan-
cial assistance to covered entities to incentivize invest-
ment in facilities and equipment in the United States 
for the fabrication, assembly, testing, or advanced 
packaging of semiconductors at mature technology 
nodes. 
‘‘(2) 
ELIGIBILITY
AND
REQUIREMENTS.—In 
order for an entity to qualify to receive Federal fi-
nancial assistance under this subsection, the covered 
entity shall— 
‘‘(A) submit an application under sub-
section (a)(2)(A); 
‘‘(B) meet the eligibility requirements under 
subsection (a)(2)(B); 
‘‘(C)(i) provide equipment or materials for 
the fabrication, assembly, testing, or advanced
374 
† HR 4521 EAS 
packaging of semiconductors at mature tech-
nology nodes in the United States; or 
‘‘(ii) fabricate, assemble using advanced 
packaging, or test semiconductors at mature 
technology nodes in the United States; 
‘‘(D) commit to using any Federal financial 
assistance received under this section to increase 
the production of semiconductors at mature tech-
nology nodes; and 
‘‘(E) be subject to the considerations de-
scribed in subsection (a)(2)(C). 
‘‘(3) PROCEDURES.—In granting Federal finan-
cial assistance to covered entities under this sub-
section, the Secretary may use the procedures estab-
lished under subsection (a). 
‘‘(4) CONSIDERATIONS.—In addition to the con-
siderations described in subsection (a)(2)(C), in 
granting Federal financial assistance under this sec-
tion, the Secretary may consider whether a covered 
entity produces or supplies equipment or materials 
used in the fabrication, assembly, testing, or advanced 
packaging of semiconductors at mature technology 
nodes that are necessary to support a critical manu-
facturing industry.
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† HR 4521 EAS 
‘‘(5) PRIORITY.—In awarding Federal financial 
assistance to covered entities under this subsection, 
the Secretary shall give priority to covered entities 
that support the resiliency of semiconductor supply 
chains for critical manufacturing industries in the 
United States. 
‘‘(6) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated to the Sec-
retary to carry out this subsection $2,000,000,000, 
which shall remain available until expended. 
‘‘(f) CONSTRUCTION PROJECTS.—Section 602 of the 
Public Works and Economic Development Act of 1965 (42 
U.S.C. 3212) shall apply to a construction project that re-
ceives financial assistance from the Secretary under this 
section.’’. 
(c) ADVANCED MICROELECTRONICS RESEARCH AND 
DEVELOPMENT.—Section 9906 of the William M. (Mac) 
Thornberry National Defense Authorization Act for Fiscal 
Year 2021 (Public Law 116–283) is amended by adding 
at the end the following: 
‘‘(h) INFRASTRUCTURE GRANTS.—Section 602 of the 
Public Works and Economic Development Act of 1965 (42 
U.S.C. 3212) shall apply to a construction project that re-
ceives financial assistance from the Secretary under this 
section.’’.
376 
† HR 4521 EAS 
SEC. 2507. RESEARCH INVESTMENT TO SPARK THE ECON-
OMY ACT. 
(a) DEFINITIONS.—In this section: 
(1) AWARD.—The term ‘‘award’’ includes a 
grant, cooperative agreement, or other financial as-
sistance. 
(2) COVID–19 PUBLIC
HEALTH
EMERGENCY.— 
The term ‘‘COVID–19 public health emergency’’ 
means the public health emergency declared by the 
Secretary of Health and Human Services under sec-
tion 319 of the Public Health Service Act (42 U.S.C. 
247d) on January 31, 2020, with respect to the 
Coronavirus Disease 2019 (COVID–19). 
(3) RESEARCH
INSTITUTION.—The term ‘‘re-
search institution’’ means the following: 
(A) An institution of higher education (as 
defined in section 101(a) of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1001(a))). 
(B) A Tribal College or University (as de-
fined in section 316 of the Higher Education Act 
of 1965 (20 U.S.C. 1059c)). 
(C) A nonprofit entity that conducts Feder-
ally funded research. 
(4) RESEARCH
LABORATORY.—The term ‘‘Re-
search Laboratory’’ means the following:
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† HR 4521 EAS 
(A) A National Laboratory (as defined in 
section 2 of the Energy Policy Act of 2005 (42 
U.S.C. 15801)). 
(B) A Federally Funded Research and De-
velopment Center for purposes of section 35.017 
of title 48, Code of Federal Regulations, or a suc-
cessor regulation. 
(b) AWARD AND MODIFICATION OF GRANTS, COOPERA-
TIVE AGREEMENTS AND OTHER FINANCIAL ASSISTANCE 
FOR INSTITUTIONS OF HIGHER EDUCATION, RESEARCH 
LABORATORIES, AND OTHER RESEARCH INSTITUTIONS TO 
ADDRESS MATTERS RELATING TO DISRUPTION CAUSED BY 
COVID–19.— 
(1) IN
GENERAL.—Each officer specified in 
paragraph (2) may exercise the authorities described 
in paragraph (3). 
(2) OFFICERS.—The officers specified in this 
paragraph are as follows: 
(A) The Secretary of Commerce, acting 
through the Administrator of the National Oce-
anic and Atmospheric Administration and the 
Director of the National Institute of Standards 
and Technology. 
(B) The Secretary of Agriculture. 
(C) The Secretary of Defense.
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† HR 4521 EAS 
(D) The Secretary of Education. 
(E) The Secretary of Energy, acting for the 
Department of Energy (with respect to Energy 
Efficiency and Renewable Energy, Nuclear En-
ergy, and Fossil Research and Development) and 
through the Office of Science, the Advanced Re-
search Projects Agency–Energy (ARPA–E), and 
the Office of Electricity. 
(F) The Secretary of Interior, acting 
through the Director of the United States Geo-
logical Survey. 
(G) The Secretary of Health and Human 
Services, acting through the Director of the Na-
tional Institutes of Health. 
(H) The Secretary of Transportation. 
(I) The Administrator of the National Aero-
nautics and Space Administration. 
(J) The Administrator of the Environ-
mental Protection Agency. 
(K) The Director of the National Science 
Foundation. 
(3) AUTHORITIES.—The officers specified in 
paragraph (2) may— 
(A) provide supplemental funding to extend 
the duration of an award disrupted because of
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† HR 4521 EAS 
the COVID–19 public health emergency to a re-
search institution, Research Laboratory, or indi-
vidual that was awarded before the date of the 
enactment of this division, or to expand the pur-
poses of such an award, in order to— 
(i) enable a postsecondary student or 
post-doctoral researcher to complete work; 
(ii) enable research scientists, technical 
staff, research associates, and principal in-
vestigators to complete work; 
(iii) extend the training of a postsec-
ondary student, or the employment of a 
post-doctoral researcher, on an ongoing re-
search project for up to 2 years because of 
the disruption of the job market; 
(iv) create research opportunities for 
up to 2 years for graduate students and 
post-doctoral researchers; 
(v) replace, refurbish, or otherwise 
make usable laboratory animals, reagents, 
equipment, or other items required for re-
search; 
(vi) facilitate other research (including 
field work), training, and ongoing construc-
tion activities, including at institutions
380 
† HR 4521 EAS 
that are disproportionately affected by the 
COVID–19 public health emergency (such 
as minority-serving institutions and 2-year 
institutions of higher education); 
(vii) enable experimental field cam-
paigns and maintenance of field infrastruc-
ture, including through replacement of dis-
rupted experimental data to enable comple-
tion of impacted research; and 
(viii) support training in online course 
delivery and virtual research experiences 
that will improve quality and access needed 
to continue undergraduate, graduate, and 
post-doctoral training; 
(B) issue awards to research institutions, 
Research Laboratories, or other individuals to 
conduct research on the effects of the Coronavirus 
Disease 2019 and future potential pandemics, on 
the effects and effectiveness of responses to such 
diseases, and on improving the prediction of the 
possible courses of such pandemics; and 
(C) provide flexibility on an award for 
funds made available to an agency, by any prior 
or subsequent Act, by modifying the terms and 
conditions of the award with a research institu-
381 
† HR 4521 EAS 
tion, Research Laboratory, or individual due to 
facility closures or other limitations during the 
COVID–19 public health emergency. 
(4) MODIFICATIONS.—The modifications author-
ized by paragraph (3)(C) include, but are not limited 
to— 
(A) the provision of supplemental funding 
to extend the duration of the award concerned; 
and 
(B) flexibility on the allowable expenses 
under such award. 
(c) PROCEDURES.—The officers specified in subsection 
(b)(2) shall each establish procedures to carry out subsection 
(b). 
(d) EXPEDITED AWARDS.—Awards under subsection 
(b) shall be issued as expeditiously as possible. 
SEC. 2508. OFFICE OF MANUFACTURING AND INDUSTRIAL 
INNOVATION POLICY. 
(a) FINDINGS.—Congress finds the following: 
(1) The general welfare, security, and economic 
health and stability of the United States require a 
long-term, substantial, coordinated, and multidisci-
plinary strategy and implementation of cohesive ob-
jectives to remain at the forefront of industrial inno-
vation.
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† HR 4521 EAS 
(2) The large and complex innovative and tech-
nological capabilities of global supply chains and 
manufacturing economies, which influence the course 
of national and international manufacturing and in-
novative relevance, require appropriate attention, in-
cluding long-range inclusive planning and more im-
mediate program development, to encourage and sup-
port private manufacturing growth in the United 
States and participation in the public decision-mak-
ing process. 
(3) The innovative and manufacturing capabili-
ties of business in the United States, when properly 
fostered, applied, and supported, can effectively assist 
in improving the quality of life for people in the 
United States, in anticipating and addressing emerg-
ing international, national, and local problems, and 
strengthening the international economic engagement 
and pioneering leadership of the United States. 
(4) Just as Federal funding for science and tech-
nology represents an investment in the future, strate-
gically addressing gaps in the innovation pipeline of 
the United States would— 
(A) contribute to converting research and 
development investments into high-value, quality
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† HR 4521 EAS 
job-creating product production and capture do-
mestic and global markets; and 
(B) strengthen the economic posture of the 
United States. 
(5) The capabilities of the United States at both 
the Federal and State levels need enhanced strategic 
planning and influence over policy formulation for 
industrial innovation and technology development, as 
well as a means to ensure an adequate workforce. 
(b) SENSE OF CONGRESS.— 
(1) PRIORITY GOALS.—It is the sense of Congress 
that manufacturing and industrial innovation should 
include contributing to the following priority goals: 
(A) Taking concrete national action to re-
build, restore, and expand domestic manufac-
turing capabilities, skills, and production capac-
ity, including world-class infrastructure. 
(B) Rebuilding the industrial innovation 
commons, including common resources, technical 
knowledge, and entrepreneurial opportunities as-
sociated with technical concepts. 
(C) Supporting domestic supply chains. 
(D) Expanding production capabilities, co-
operation, and knowledge.
384 
† HR 4521 EAS 
(E) Revitalizing communities harmed by 
historical and poorly conceived, implemented, 
and enforced regulatory and trade policies. 
(F) Developing a strategy for innovation 
and establishment of manufacturing industries of 
the future, including adoption and production of 
Industry 4.0 technology to support domestic eco-
nomic expansion, particularly manufacturers 
with fewer than 800 employees, and in tradition-
ally underserved communities. 
(G) Contributing to national health and se-
curity and emergency readiness and resilience, 
including addressing environmental concerns. 
(H) Strengthening the economy of the 
United States and promoting full employment in 
high-quality, high-wage jobs through useful in-
dustrial and technological innovation. 
(I) Cultivating, utilizing, and enhancing 
academic and industrial thought-leadership with 
practical workforce development and training to 
the fullest extent possible. 
(J) Implementing a national strategy that 
identifies and prioritizes high growth, high 
value-added industries, products, and compo-
nents of national importance to the long-term
385 
† HR 4521 EAS 
economic, environmental, national security, and 
public health of the United States. 
(2) NATIONAL POLICY.—In view of the findings 
under subsection (a), it is the sense of Congress that 
the Federal Government and public and private insti-
tutions in the United States should pursue a national 
policy of manufacturing and industrial innovation 
that includes the following principles: 
(A) Ensuring global leadership in advanced 
manufacturing technologies critical to the long- 
term economic, environmental, and public health 
of the United States, and to the long-term na-
tional security of the United States. 
(B) Restoring and strengthening the indus-
trial commons of the United States, including— 
(i) essential engineering and produc-
tion skills; 
(ii) infrastructure for research and de-
velopment, standardization, and metrology; 
(iii) process innovations and manufac-
turing know-how; 
(iv) equipment; and 
(v) suppliers that provide the founda-
tion for the innovativeness and competitive-
386 
† HR 4521 EAS 
ness of all manufacturers in the United 
States. 
(C) Strengthening the technical, financial, 
and educational commons and assets necessary 
to ensure that the United States is the best posi-
tioned nation for the creation and production of 
advanced technologies and products emerging 
from national research and development invest-
ments. 
(D) Capitalizing on the scientific and tech-
nological advances produced by researchers and 
innovators in the United States by developing 
capable and responsive institutions focused on 
advancing the technology and manufacturing 
readiness levels of those advances. 
(E) Supporting the discovery, invention, 
start-up, ramp-up, scale-up, and transition of 
new products and manufacturing technologies to 
full-scale production in the United States. 
(F) Addressing the evolving needs of manu-
facturers for a diverse set of workers with the 
necessary skills, training, and expertise as man-
ufacturers in the United States increase high- 
quality, high-wage employment opportunities.
387 
† HR 4521 EAS 
(G) Improving and expanding manufac-
turing engineering and technology offerings with-
in institutions of higher education, including 4- 
year engineering technology programs at poly-
technic institutes and secondary schools, to be 
more closely aligned with the needs of manufac-
turers in the United States and the goal of 
strengthening the long-term competitiveness of 
such manufacturing. 
(H) Working collaboratively with Federal 
agencies, State and local governments, Tribal 
governments, regional authorities, institutions of 
higher education, economic development organi-
zations, and labor organizations that primarily 
represent workers in manufacturing to leverage 
their knowledge, resources, applied research, ex-
perimental development, and programs to foster 
manufacturing in the United States so as to an-
ticipate and prepare for emergencies and global, 
national, and regional supply chain disruptions, 
including disruptions brought on and exacer-
bated by changing environmental and other cir-
cumstances. 
(I) Recognizing that, as changing cir-
cumstances require the periodic revision and ad-
388 
† HR 4521 EAS 
aptation of this section, Congress is responsible 
for— 
(i) identifying and interpreting the 
changes in those circumstances as they 
occur; and 
(ii) affecting subsequent changes to this 
section, as appropriate. 
(J) Reforming rules, regulations, and pol-
icy, which negatively impact domestic manufac-
turing. 
(3) PROCEDURES.—It is the sense of Congress 
that, in order to expedite and facilitate the implemen-
tation of the national policy described in paragraph 
(2)— 
(A) Federal procurement policy should— 
(i) prioritize and encourage domestic 
manufacturing and robust domestic supply 
chains; 
(ii) support means of expanding do-
mestic manufacturing job creation; 
(iii) enhance manufacturing workforce 
preparedness; 
(iv) prioritize the development of 
means to support diversity and inclusion
389 
† HR 4521 EAS 
throughout the manufacturing and indus-
trial sector; 
(v) promote the consideration of, and 
support to, minority-owned and women- 
owned manufacturing contractors of the 
Federal Government; and 
(vi) support the ingenuity and entre-
preneurship of the United States by pro-
viding enhanced attention to manufacturing 
startups and small businesses in the United 
States; 
(B) Federal trade and monetary policies 
should— 
(i) ensure that global competition in 
manufacturing is free, open, and fair; 
(ii) prioritize policies and investments 
that 
support 
domestic 
manufacturing 
growth and innovation; and 
(iii) not be utilized to offshore poor 
manufacturing working conditions or de-
structive 
manufacturing 
environmental 
practices; 
(C) Federal policies and practices should 
reasonably prioritize competitiveness for manu-
facturing and industrial innovation efforts in
390 
† HR 4521 EAS 
the United States, but should not sacrifice the 
quality of employment opportunities, including 
the health and safety of workers, pay, and bene-
fits; 
(D) Federal manufacturing and industrial 
innovation policies, practices, and priorities 
should reasonably improve environmental sus-
tainability within the manufacturing industry, 
while minimizing economic impact; 
(E) Federal patent policies should be devel-
oped, based on uniform principles, which have as 
their objective to preserve incentives for indus-
trial technological innovation and the applica-
tion of procedures that will continue to assure 
the full use of beneficial technology to serve the 
public; 
(F) Federal efforts should promote and sup-
port a strong system of intellectual property 
rights to include trade secrets, through both pro-
tection of intellectual property rights and en-
forcement against intellectual property theft, and 
broad engagement to limit foreign efforts to ille-
gally or inappropriately utilize compromised in-
tellectual property;
391 
† HR 4521 EAS 
(G) closer relationships should be encour-
aged among practitioners of scientific and tech-
nological research and development and those 
who apply those foundations to domestic com-
mercial manufacturing; 
(H) the full use of the contributions of man-
ufacturing and industrial innovation to support 
State and local government goals should be en-
couraged; 
(I) formal recognition should be accorded to 
those persons, the manufacturing and industrial 
innovation achievements of which contributed 
significantly to the national welfare; and 
(J) departments, agencies, and instrumen-
talities of the Federal Government should estab-
lish procedures to ensure among them the system-
atic interchange of data, efforts, and findings de-
veloped under their programs. 
(K) policies, rules, and regulations that neg-
atively impact domestic manufacturing should be 
reformed. 
(4) IMPLEMENTATION.—To implement the na-
tional policy described in paragraph (2), it is the 
sense of Congress— 
(A) that—
392 
† HR 4521 EAS 
(i) the Federal Government should 
maintain integrated policy planning ele-
ments in the executive branch that assist 
agencies in such branch in— 
(I) identifying problems and ob-
jectives that could be addressed or en-
hanced by public policy; 
(II) mobilizing industrial and in-
novative manufacturing resources for 
national security and emergency re-
sponse purposes; 
(III) securing appropriate fund-
ing for programs so identified by the 
President or the Chief Manufacturing 
Officer; 
(IV) anticipating future concerns 
to which industrial and innovative 
manufacturing can contribute and de-
vise industrial strategies for such pur-
poses; 
(V) reviewing systematically the 
manufacturing and industrial innova-
tion policy and programs of the Fed-
eral Government and recommending
393 
† HR 4521 EAS 
legislative amendments to those policies 
and programs when needed; and 
(VI) reforming policies, rules, and 
regulations that harm domestic manu-
facturing and inhibit domestic manu-
facturing from competing with global 
competitors; and 
(ii) the elements described in clause (i) 
should include a data collection, analysis, 
and advisory mechanism within the Execu-
tive Office of the President to provide the 
President with independent, expert judg-
ment and assessments of the complex manu-
facturing and industrial features involved; 
and 
(B) that it is the responsibility of the Fed-
eral Government to— 
(i) promote prompt, effective, reliable, 
and systematic dissemination of manufac-
turing and industrial information— 
(I) by such methods as may be 
appropriate; and 
(II) through efforts conducted by 
nongovernmental 
organizations, 
in-
394 
† HR 4521 EAS 
cluding industrial groups, technical so-
cieties, and educational entities; 
(ii) coordinate and develop a manufac-
turing industrial strategy and facilitate the 
close coupling of this manufacturing strat-
egy with commercial manufacturing appli-
cation; and 
(iii) enhance domestic development and 
utilization of such industrial information 
by prioritization of efforts with manufac-
turers, the production of which takes place 
in the United States. 
(c) ESTABLISHMENT.— 
(1) IN GENERAL.—The President shall appoint, 
by and with the advice and consent of the Senate, a 
Chief Manufacturing Officer to serve within the Exec-
utive Office of the President. 
(2) OFFICE.— 
(A) IN GENERAL.—There is established in 
the Executive Office of the President an Office of 
Manufacturing and Industrial Innovation Policy 
(referred to in this section as the ‘‘Office’’). 
(B) CMO.—The Chief Manufacturing Officer 
shall— 
(i) head the Office; and
395 
† HR 4521 EAS 
(ii) serve as a source of manufacturing 
and industrial innovation analysis and 
judgment for the President and the Director 
of the National Economic Council with re-
spect to the major policies, plans, and pro-
grams of the Federal Government relating 
to manufacturing and industrial innova-
tion. 
(d) CHIEF MANUFACTURING OFFICER; ASSOCIATE 
MANUFACTURING OFFICERS.— 
(1) CHIEF MANUFACTURING OFFICER.— 
(A) FUNCTIONS.— 
(i) PRIMARY FUNCTION.—To the extent 
consistent with law, the Chief Manufac-
turing Officer shall report to the President, 
and such agencies within the Executive Of-
fice of the President and the Director of the 
National Economic Council, as may be ap-
propriate, on issues regarding and impact-
ing manufacturing and industrial innova-
tion efforts of the Federal Government, or of 
the private sector, that require attention at 
the highest levels of the Federal Government. 
(ii) OTHER
FUNCTIONS.—The Chief 
Manufacturing Officer shall—
396 
† HR 4521 EAS 
(I) advise the President on manu-
facturing and industrial innovation 
considerations relating to areas of na-
tional concern, including— 
(aa) the economy of the 
United States; 
(bb) national security; 
(cc) public health; 
(dd) the workforce of the 
United States; 
(ee) education; 
(ff) foreign relations (includ-
ing 
trade 
and 
supply 
chain 
issues); 
(gg) the environment; and 
(hh) technological innovation 
in the United States; 
(II) convene stakeholders, includ-
ing key industry stakeholders, aca-
demic 
stakeholders, 
defense 
stake-
holders, governmental stakeholders, and 
stakeholders from nonprofit organiza-
tions and labor organizations that pri-
marily represent workers in manufac-
turing, to develop the national stra-
397 
† HR 4521 EAS 
tegic plan required under subsection 
(f); 
(III) evaluate the scale, quality, 
and effectiveness of the effort of the 
Federal Government to support manu-
facturing and industrial innovation by 
the Federal Government or by the pri-
vate sector, and advise on appropriate 
actions; 
(IV) to the extent consistent with 
law, report to the President, the Direc-
tor of the National Economic Council, 
the Director of the Office of Manage-
ment Budget, and such agencies within 
the Executive Office of the President as 
may be appropriate, advise the Presi-
dent on the budgets, regulations, and 
regulatory reforms of agencies of the 
executive branch of the Federal Govern-
ment with respect to issues concerning 
manufacturing and industrial innova-
tion; 
(V) to the extent consistent with 
law, assist the President and the Direc-
tor of the National Economic Council
398 
† HR 4521 EAS 
in providing general leadership and 
coordination of activities and policies 
of the Federal Government relating to 
and impacting manufacturing and in-
dustrial innovation; and 
(VI) perform such other functions, 
duties, and activities as the President 
and the Director of the National Eco-
nomic Council may assign. 
(B) AUTHORITIES.—In carrying out the du-
ties and functions under this section, the Chief 
Manufacturing Officer may— 
(i) appoint such officers and employees 
as may be determined necessary to perform 
the functions vested in the position and to 
prescribe the duties of such officers and em-
ployees; 
(ii) obtain services as authorized under 
section 3109 of title 5, United States Code, 
at rates not to exceed the rate prescribed for 
grade GS–15 of the General Schedule under 
section 5332 of title 5, United States Code; 
and 
(iii) enter into contracts and other ar-
rangements for studies, analysis, and other
399 
† HR 4521 EAS 
services with public agencies and with pri-
vate persons, organizations, or institutions, 
and make such payments as determined 
necessary to carry out the provisions of this 
section without legal consideration, without 
performance bonds, and without regard to 
section 6101 of title 41, United States Code. 
(2) ASSOCIATE DIRECTORS.— 
(A) IN
GENERAL.—The Chief Manufac-
turing Officer may appoint not more than 5 As-
sociate Directors, to be known as Associate Man-
ufacturing Officers to carry out such functions 
as may be prescribed by the Chief Manufacturing 
Officer. 
(B) COMPENSATION.—Each Associate Man-
ufacturing Officer shall be compensated at a rate 
not to exceed that provided for level III of the 
Executive Schedule under section 5314 title 5, 
United States Code. 
(e) POLICY PLANNING, ANALYSIS, AND ADVICE.— 
(1) IN GENERAL.—In carrying out the provisions 
of this section, the Chief Manufacturing Officer 
shall— 
(A) monitor the status of technological de-
velopments, critical production capacity, skill
400 
† HR 4521 EAS 
availability, investment patterns, emerging de-
fense needs, and other key indicators of manufac-
turing competitiveness to— 
(i) provide foresight for periodic up-
dates to the national strategic plan required 
under subsection (f); and 
(ii) guide investment decisions; 
(B) convene interagency and public-private 
working groups to align Federal policies that 
drive implementation of the national strategic 
plan required under subsection (f); 
(C) initiate and support translation re-
search in engineering and manufacturing by en-
tering into contracts or making other arrange-
ments (including grants, awards, cooperative 
agreements, loans, and other forms of assistance) 
to study that research and to assess the impact 
of that research on the economic well-being, cli-
mate and environmental impact, public health, 
and national security of the United States; 
(D) report to the President and the Director 
of the National Economic Council on the extent 
to which the various programs, policies, and ac-
tivities of the Federal Government are likely to
401 
† HR 4521 EAS 
affect the achievement of priority goals of the 
United States described in subsection (b)(1); 
(E) annually survey the nature and needs 
of the policies relating to national manufac-
turing and industrial innovation and make rec-
ommendations to the President and the Director 
of the National Economic Council, for review 
and submission to Congress, for the timely and 
appropriate revision of the manufacturing and 
industrial innovation policies of the Federal 
Government, including the reform of policies, 
rules, and regulations that harm domestic manu-
facturing and inhibit the ability for domestic 
manufacturing to compete with global competi-
tors; 
(F) perform such other duties and functions 
and make and furnish such studies and reports 
thereon, and recommendations with respect to 
matters of policy and legislation as the President 
and the Director of the National Economic 
Council may request; and 
(G) coordinate, as appropriate, Federal per-
mitting with respect to manufacturing and in-
dustrial innovation.
402 
† HR 4521 EAS 
(2) INTERGOVERNMENTAL MANUFACTURING AND 
INDUSTRIAL INNOVATION PANEL.— 
(A) ESTABLISHMENT.—The Chief Manufac-
turing Officer shall establish an Intergovern-
mental Manufacturing and Industrial Innova-
tion Panel (referred to in this section as the 
‘‘Panel’’) within the Office, the purpose of which 
shall be to— 
(i) identify instances in which the 
policies of the Federal Government— 
(I) with respect to manufacturing 
and industrial innovation can help ad-
dress problems at the State and local 
levels; and 
(II) unnecessarily impede manu-
facturing and industrial innovation; 
(ii) make recommendations for ad-
dressing the problems described in clause 
(i); and 
(iii) advise and assist the Chief Manu-
facturing Officer in identifying and fos-
tering policies to facilitate the application 
to and incorporation of federally funded re-
search and development into manufacturing 
and industrial innovation in the United
403 
† HR 4521 EAS 
States, so as to maximize the application of 
such research. 
(B) COMPOSITION.—The Panel shall be 
composed of— 
(i) the Chief Manufacturing Officer, or 
a representative of the Chief Manufacturing 
Officer; 
(ii) not fewer than 10 members rep-
resenting the interests of the States, ap-
pointed by the Chief Manufacturing Officer 
after consultation with State officials; 
(iii) the Director of the National Insti-
tute of Standards and Technology; 
(iv) the Deputy Assistant Secretary of 
Defense for Manufacturing and Industrial 
Base Policy; 
(v) the Assistant Secretary of Labor for 
Employment and Training; 
(vi) the Administrator of the Small 
Business Administration; and 
(vii) the Assistant Secretary of Energy 
for Energy Efficiency and Renewable En-
ergy.
404 
† HR 4521 EAS 
(C) CHAIR.—The Chief Manufacturing Offi-
cer, or the representative of the Chief Manufac-
turing Officer, shall serve as Chair of the Panel. 
(D) MEETINGS.—The Panel shall meet at 
the call of the Chair. 
(E) COMPENSATION.— 
(i) IN GENERAL.—Each member of the 
Panel shall be entitled to receive compensa-
tion at a rate not to exceed the daily rate 
prescribed for GS–15 of the General Sched-
ule under section 5332 of title 5, United 
States Code, for each day (including travel 
time) during which the member is engaged 
in the performance of the duties of the 
Panel. 
(ii) TRAVEL EXPENSES.—Each mem-
ber of the Panel who is serving away from 
the home or regular place of business of the 
member in the performance of the duties of 
the Panel shall be allowed travel expenses, 
including per diem in lieu of subsistence, in 
the same manner as the expenses authorized 
by section 5703(b) of title 5, United States 
Code, for persons in government service em-
ployed intermittently.
405 
† HR 4521 EAS 
(f) NATIONAL STRATEGIC PLAN FOR MANUFACTURING 
AND INDUSTRIAL INNOVATION.— 
(1) STRATEGIC PLAN.— 
(A) IN GENERAL.—Not later than 1 year 
after the date of enactment of this division, the 
Chief Manufacturing Officer, in coordination 
with the Director of the National Economic 
Council, shall, to the extent practicable, in ac-
cordance with subsection (d)(1)(A)(ii) and in 
consultation with other agencies and private in-
dividuals as the Chief Manufacturing Officer de-
termines necessary, establish a national strategic 
plan for manufacturing and industrial innova-
tion that identifies— 
(i) short-term, medium-term, and long- 
term needs critical to the economy, national 
security, public health, workforce readiness, 
environmental concerns, and priorities of 
the United States manufacturing sector, in-
cluding emergency readiness and resilience; 
and 
(ii) situations and conditions that 
warrant special attention by the Federal 
Government relating to—
406 
† HR 4521 EAS 
(I) any problems, constraints, or 
opportunities of manufacturing and 
industrial innovation that— 
(aa) are of national signifi-
cance; 
(bb) 
will 
occur 
or 
may 
emerge during the 4-year period 
beginning on the date on which 
the national strategic plan is es-
tablished; and 
(cc) are identified through 
basic research; 
(II) an evaluation of activities 
and accomplishments of all agencies in 
the executive branch of the Federal 
Government that are related to car-
rying out such plan; 
(III) opportunities for, and con-
straints on, manufacturing and indus-
trial innovation that can make a sig-
nificant contribution to— 
(aa) the resolution of prob-
lems identified under this para-
graph; or
407 
† HR 4521 EAS 
(bb) the achievement of Fed-
eral program objectives or pri-
ority goals, including those de-
scribed in subsection (b)(1); and 
(IV) recommendations for pro-
posals to carry out such plan. 
(B) REVISIONS.—Not later than 4 years 
after the date on which the national strategic 
plan is established under subparagraph (A), and 
every 4 years thereafter, the Chief Manufacturing 
Officer, in coordination with the Director of the 
National Economic Council, shall revise that 
plan so that the plan takes account of near- and 
long-term problems, constraints, and opportuni-
ties and changing national goals and cir-
cumstances. 
(2) CONSULTATION
WITH
OTHER
AGENCIES.— 
The Chief Manufacturing Officer shall consult, as nec-
essary, with officials of agencies in the executive 
branch of the Federal Government that administer 
programs or have responsibilities relating to the prob-
lems, constraints, and opportunities identified in the 
national strategic plan under paragraph (1) in order 
to—
408 
† HR 4521 EAS 
(A) identify and evaluate actions that 
might be taken by the Federal Government, 
State, and local governments, or the private sec-
tor to deal with such problems, constraints, or 
opportunities; and 
(B) ensure to the extent possible that actions 
identified under subparagraph (A) are consid-
ered by each agency of the executive branch of the 
Federal Government in formulating proposals of 
each such agency. 
(3) 
CONSULTATION
WITH
MANUFACTURING 
STAKEHOLDERS.—The Chief Manufacturing Officer 
shall consult broadly with representatives from stake-
holder constituencies, including from technology 
fields, engineering fields, manufacturing fields, aca-
demic fields, worker training or credentialing pro-
grams, industrial sectors, business sectors, consumer 
sectors, defense sector, public interest sectors, and 
labor organizations which primarily represent work-
ers in manufacturing to ensure information and per-
spectives from such consultations are incorporated 
within the problems, constraints, opportunities, and 
actions identified in the national strategic plan under 
paragraph (1).
409 
† HR 4521 EAS 
(4) CONSULTATION WITH OMB.—The Chief Man-
ufacturing Officer shall consult as necessary with offi-
cials of the Office of Management and Budget and 
other appropriate elements of the Executive Office of 
the President to ensure that the problems, constraints, 
opportunities, and actions identified under para-
graph (1) are fully considered in the development of 
legislative proposals and the President’s budget. 
(g) ADDITIONAL FUNCTIONS OF THE CHIEF MANUFAC-
TURING OFFICER; ADMINISTRATIVE PROVISIONS.— 
(1) IN GENERAL.—The Chief Manufacturing Of-
ficer, in addition to the other duties and functions 
under this section, shall serve— 
(A) on the Federal Strategy and Coordi-
nating Council on Manufacturing and Indus-
trial Innovation established under subsection (j); 
and 
(B) as a member of the Domestic Policy 
Council, the National Economic Council, and the 
Office of Science and Technology Policy Council. 
(2) ADVICE TO NATIONAL SECURITY COUNCIL.— 
For the purpose of ensuring the optimal contribution 
of manufacturing and industrial innovation to the 
national security of the United States, the Chief Man-
ufacturing Officer, at the request of the President,
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† HR 4521 EAS 
shall advise the National Security Council in such 
matters concerning manufacturing and industrial in-
novation as may be related to national security. 
(3) COORDINATION
WITH
OTHER
ORGANIZA-
TIONS.— 
(A) IN GENERAL.—In exercising the func-
tions under this section, the Chief Manufacturing 
Officer— 
(i) shall— 
(I) work in close consultation and 
cooperation with the Director of the 
Domestic Policy Council, the National 
Security Advisor, the Assistant to the 
President for Economic Policy and Di-
rector of the National Economic Coun-
cil, the Director of the Office of Science 
and Technology Policy, the Director of 
the Office of Management and Budget, 
and the heads of other agencies in the 
executive branch of the Federal Govern-
ment; 
(II) utilize the services of consult-
ants, establish such advisory panels, 
and, to the extent practicable, consult 
with—
411 
† HR 4521 EAS 
(aa) State and local govern-
ment agencies; 
(bb) appropriate professional 
groups; 
(cc) representatives of indus-
try, universities, consumers, labor 
organizations that primarily rep-
resent workers in manufacturing; 
and 
(dd) such other public inter-
est groups, organizations, and in-
dividuals as may be necessary; 
(III) hold such hearings in var-
ious parts of the United States as nec-
essary to determine the views of the 
agencies, groups, and organizations de-
scribed in subparagraph (B), and of 
the general public, concerning national 
needs and trends in manufacturing 
and industrial innovation; and 
(IV) utilize, with the heads of 
public and private agencies and orga-
nizes, to the fullest extent possible the 
services, personnel, equipment, facili-
ties, and information (including statis-
412 
† HR 4521 EAS 
tical information) of public and pri-
vate agencies and organizations, and 
individuals, in order to avoid the du-
plication of efforts and expenses; and 
(ii) may transfer funds made available 
pursuant to this section to other agencies in 
the executive branch of the Federal Govern-
ment as reimbursement for the utilization of 
such personnel, services, facilities, equip-
ment, and information. 
(B) FURNISHMENT
OF
INFORMATION.— 
Each department, agency, and instrumentality 
of the executive branch of the Federal Govern-
ment, including any independent agency, shall 
furnish the Chief Manufacturing Officer such in-
formation as necessary to carry out this section. 
(h) MANUFACTURING
AND INDUSTRIAL INNOVATION 
REPORT.— 
(1) REPORT.—Not later than 3 years after the 
date of enactment of this division, and every 4 years 
thereafter, the Chief Manufacturing Officer, in con-
sultation with the Director of the National Economic 
Council, shall submit to Congress a Manufacturing 
and Industrial Innovation Report (referred to in this 
section as the ‘‘report’’) with appropriate assistance
413 
† HR 4521 EAS 
from agencies in the executive branch of the Federal 
Government and such consultants and contractors as 
the Chief Manufacturing Officer determines necessary. 
(2) CONTENTS
OF
REPORT.—Each report re-
quired under paragraph (1) shall draw upon the most 
recent national strategic plan established under sub-
section (f) and shall include, to the extent practicable 
and within the limitations of available knowledge and 
resources— 
(A) a review of developments of national 
significance in manufacturing and industrial 
innovation; 
(B) the significant effects of trends at the 
time of the submission of the report and pro-
jected trends in manufacturing and industrial 
innovation on the economy, workforce, and envi-
ronmental, health and national security, and 
other requirements of the United States; 
(C) a review and appraisal of selected man-
ufacturing and industrial innovation related 
programs, policies, and activities of the Federal 
Government, including procurement; 
(D) an inventory and forecast of critical 
and emerging national problems, the resolution 
of which might be substantially assisted by man-
415 
† HR 4521 EAS 
(4) PUBLIC
AVAILABILITY
OF
REPORT.—The 
Chief Manufacturing Officer shall ensure that the re-
port is made available to the public. 
(i) COMPTROLLER GENERAL REPORT.—Not later than 
3 years after the date of enactment of this division, the 
Comptroller General of the United States shall submit to 
the Committee on Commerce, Science, and Transportation 
of the Senate, the Committee on Appropriations of the Sen-
ate, the Committee on Science, Space, and Technology of 
the House of Representatives, the Committee on Energy and 
Commerce of the House of Representatives, and the Com-
mittee on Appropriations of the House of Representatives, 
and make available to the public, a report— 
(1) containing an assessment of the efforts of the 
Office to implement or advance the priority goals de-
scribed in subsection (b)(1); and 
(2) providing recommendations on how to im-
prove the efforts described in paragraph (1). 
(j) FEDERAL STRATEGY AND COORDINATING COUNCIL 
ON MANUFACTURING AND INDUSTRIAL INNOVATION.—There 
is established in the executive branch of the Federal Govern-
ment the Federal Strategy and Coordinating Council on 
Manufacturing and Industrial Innovation (referred to in 
this section as the ‘‘Council’’). 
(1) MEMBERSHIP.—
416 
† HR 4521 EAS 
(A) IN
GENERAL.—The Council shall be 
composed of the following: 
(i) The President, who shall serve as 
Chair of the Council. 
(ii) The Vice President. 
(iii) The Secretary of Commerce. 
(iv) The Secretary of Defense. 
(v) The Secretary of Education. 
(vi) The Secretary of Energy. 
(vii) The Secretary of Health and 
Human Services. 
(viii) The Secretary of Housing and 
Urban Development. 
(ix) The Secretary of Labor. 
(x) The Secretary of State. 
(xi) The Secretary of Transportation. 
(xii) The Secretary of the Treasury. 
(xiii) The Secretary of Veterans Af-
fairs. 
(xiv) The Administrator of the Envi-
ronmental Protection Agency. 
(xv) The Administrator of the National 
Aeronautics and Space Administration. 
(xvi) The Administrator of the Small 
Business Administration.
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† HR 4521 EAS 
(xvii) The Director of the National 
Science Foundation. 
(xviii) The Director of the Office of 
Management and Budget. 
(xix) The Assistant to the President for 
Science and Technology. 
(xx) The United States Trade Rep-
resentative. 
(xxi) The National Security Advisor. 
(xxii) The Assistant to the President 
for Economic Policy. 
(xxiii) The Director of the Domestic 
Policy Council. 
(xxiv) The Chair of the Council of Eco-
nomic Advisers. 
(xxv) The Chief Manufacturing Officer. 
(B) 
ADDITIONAL
PARTICIPANTS.—The 
President may, from time to time and as nec-
essary, appoint officials in the executive branch 
of the Federal Government to serve as members 
of the Council. 
(2) MEETINGS OF THE COUNCIL.— 
(A) IN
GENERAL.—The President or the 
Chief Manufacturing Officer may convene meet-
ings of the Council.
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† HR 4521 EAS 
(B) PRESIDING OFFICER.— 
(i) IN
GENERAL.—Subject to clause 
(ii), the President shall preside over the 
meetings of the Council. 
(ii) EXCEPTION.—If the President is 
not present at a meeting of the Council, the 
Vice President (and if the Vice President is 
not present at a meeting of the Council, the 
Chief Manufacturing Officer) shall preside 
and be considered the chair of the Council. 
(k) COUNCIL ON MANUFACTURING AND INDUSTRIAL 
INNOVATION FUNCTIONS.— 
(1) IN GENERAL.—The Council shall— 
(A) consider problems and developments, in-
cluding concerns relating to the workforce of the 
United States, in manufacturing and industrial 
innovation and related activities of more than 1 
agency in the executive branch of the Federal 
Government; 
(B) coordinate the manufacturing and in-
dustrial innovation policy-making process; 
(C) harmonize the Federal permitting proc-
ess relating to manufacturing and industrial in-
novation, as appropriate;
419 
† HR 4521 EAS 
(D) ensure manufacturing and industrial 
innovation policy decisions and programs are 
consistent with the priority goals described in 
subsection (b)(1); 
(E) help implement the priority goals de-
scribed in subsection (b)(1) across the Federal 
Government; 
(F) ensure manufacturing and industrial 
innovation are considered in the development 
and implementation of Federal policies and pro-
grams; 
(G) 
achieve 
more 
effective 
use 
of 
foundational aspects of manufacturing and in-
dustrial innovation, particularly scientific, engi-
neering, and technological resources and facili-
ties of agencies in the executive branch of the 
Federal Government, including the elimination 
of efforts that have been unwarrantedly dupli-
cated; 
(H) identify— 
(i) threats to, and vulnerabilities of, 
supply chains; 
(ii) workforce skills;
420 
† HR 4521 EAS 
(iii) aspects of supply chains and 
workforce skills requiring additional empha-
sis; and 
(iv) for reform policies, rules, and reg-
ulations that harm domestic manufacturing 
and inhibit the ability for domestic manu-
facturing to compete with global competi-
tors; and 
(I) further international cooperation on 
manufacturing and industrial innovation poli-
cies that enhance the policies of the United 
States and internationally agreed upon policies. 
(2) 
CHIEF
MANUFACTURING
OFFICER.—The 
Chief Manufacturing Officer may take such actions as 
may be necessary or appropriate to implement the 
functions described in paragraph (1). 
(l) COORDINATION.—The head of each agency in the 
executive branch of the Federal Government, without regard 
to whether the head of the agency is a member of the Coun-
cil, shall coordinate manufacturing and industrial innova-
tion policy with the Council. 
(m) ADMINISTRATION.— 
(1) COORDINATION WITH NATIONAL SCIENCE AND 
TECHNOLOGY COUNCIL.—In carrying out the duties of
421 
† HR 4521 EAS 
the Council, the Council shall consult with the Na-
tional Science and Technology Council, as necessary. 
(2) AD
COMMITTEES; TASKS
FORCES, INTER-
AGENCY GROUPS.—The Council may function through 
established or ad hoc committees, task forces, or inter-
agency groups. 
(3) REQUIREMENT TO COOPERATE.—Each agen-
cy in the executive branch of the Federal Government 
shall— 
(A) cooperate with the Council; and 
(B) provide assistance, information, and 
advice to the Council, as the Council may re-
quest, to the extent permitted by law. 
(4) ASSISTANCE TO COUNCIL.—For the purpose 
of carrying out the provisions of this section, the head 
of each agency that is a member of the Council shall 
furnish necessary assistance and resources to the 
Council, which may include— 
(A) detailing employees of the agency to the 
Council to perform such functions, consistent 
with the purposes of this section, as the Chair of 
the Council may assign to those detailees; 
(B) providing office support and printing, 
as requested by the Chair of the Council; and
422 
† HR 4521 EAS 
(C) upon the request of the Chair of the 
Council, undertake special studies for the Coun-
cil that come within the functions of the Council 
described in subsection (k). 
(n) NATIONAL MEDAL OF MANUFACTURING AND IN-
DUSTRIAL INNOVATION.— 
(1) RECOMMENDATIONS.—The President shall 
from time to time award a medal, to be known as the 
‘‘National Medal of Manufacturing and Industrial 
Innovation’’, on the basis of recommendations re-
ceived from the National Academies of Sciences, the 
Chief Manufacturing Officer, or on the basis of such 
other information and evidence as the President deter-
mines appropriate, to individuals who in the judg-
ment of the President are deserving of special recogni-
tion by reason of outstanding contributions to knowl-
edge in manufacturing and industrial innovation. 
(2) NUMBER.—Not more than 20 individuals 
may be awarded a medal under this section in any 
one calendar year. 
(3) CITIZENSHIP.—An individual may not be 
awarded a medal under this section unless at the time 
such award is made the individual— 
(A) is a citizen or other national of the 
United States; or
423 
† HR 4521 EAS 
(B) is an individual lawfully admitted to 
the United States for permanent residence who— 
(i) has filed an application for petition 
for naturalization in the manner prescribed 
by section 334(b) of the Immigration and 
Nationality Act (8 U.S.C. 1445(b)); and 
(ii) is not permanently ineligible to be-
come a citizen of the United States. 
(4) CEREMONIES.—The presentation of the 
award shall be made by the President with such cere-
monies as determined proper, including attendance by 
appropriate Members of Congress. 
(o) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated for each of fiscal years 2022 
through 2026— 
(1) $5,000,000, for the purpose of carrying out 
subsections (c) through (i); and 
(2) $5,000,000, for the purpose of carrying out 
subsections (j) through (m). 
SEC. 2509. TELECOMMUNICATIONS WORKFORCE TRAINING 
GRANT PROGRAM. 
(a) SHORT TITLE.—This section may be cited as the 
‘‘Improving Minority Participation And Careers in Tele-
communications Act’’ or the ‘‘IMPACT Act’’. 
(b) DEFINITIONS.—In this section:
424 
† HR 4521 EAS 
(1) ASSISTANT SECRETARY.—The term ‘‘Assist-
ant Secretary’’ means the Assistant Secretary of Com-
merce for Communications and Information. 
(2) COVERED GRANT.—The term ‘‘covered grant’’ 
means a grant awarded under subsection (c). 
(3) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
ty’’ means a historically Black college or university, 
Tribal College or University, or minority-serving in-
stitution, or a consortium of such entities, that forms 
a partnership with 1 or more of the following entities 
to carry out a training program: 
(A) A member of the telecommunications in-
dustry, such as a company or industry associa-
tion. 
(B) A labor or labor-management organiza-
tion with experience working in the tele-
communications industry or a similar industry. 
(C) The Telecommunications Industry Reg-
istered Apprenticeship Program. 
(D) A nonprofit organization dedicated to 
helping individuals gain employment in the tele-
communications industry. 
(E) A community or technical college with 
experience in providing workforce development
425 
† HR 4521 EAS 
for individuals seeking employment in the tele-
communications industry or a similar industry. 
(F) A Federal agency laboratory special-
izing in telecommunications technology. 
(4) FUND.—The term ‘‘Fund’’ means the Tele-
communications Workforce Training Grant Program 
Fund established under subsection (d)(1). 
(5) GRANT PROGRAM.—The term ‘‘Grant Pro-
gram’’ means the Telecommunications Workforce 
Training Grant Program established under subsection 
(c). 
(6) HISTORICALLY BLACK COLLEGE OR UNIVER-
SITY.—The term ‘‘historically Black college or univer-
sity’’ has the meaning given the term ‘‘part B institu-
tion’’ in section 322 of the Higher Education Act of 
1965 (20 U.S.C. 1061). 
(7) INDUSTRY FIELD ACTIVITIES.—The term ‘‘in-
dustry field activities’’ means activities at active tele-
communications, cable, and broadband network work-
sites, such as towers, construction sites, and network 
management hubs. 
(8) INDUSTRY
PARTNER.—The term ‘‘industry 
partner’’ means an entity described in subparagraphs 
(A) through (F) of paragraph (3) with which an eligi-
426 
† HR 4521 EAS 
ble entity forms a partnership to carry out a training 
program. 
(9) MINORITY-SERVING INSTITUTION.—The term 
‘‘minority-serving institution’’ means an institution 
described in section 371(a) of the Higher Education 
Act of 1965 (20 U.S.C. 1067q(a)). 
(10) TRAINING PROGRAM.—The term ‘‘training 
program’’ means a credit or non-credit program de-
veloped by an eligible entity, in partnership with an 
industry partner, that— 
(A) is designed to educate and train stu-
dents to participate in the telecommunications 
workforce; and 
(B) includes a curriculum and apprentice-
ship or internship opportunities that can also be 
paired with— 
(i) a degree program; or 
(ii) stacked credentialing toward a de-
gree. 
(11) TRIBAL
COLLEGE
OR
UNIVERSITY.—The 
term ‘‘Tribal College or University’’ has the meaning 
given the term in section 316(b)(3) of the Higher 
Education Act of 1965 (20 U.S.C. 1059c(b)(3)). 
(c) PROGRAM.—The Assistant Secretary, acting 
through the Office of Minority Broadband Initiatives estab-
427 
† HR 4521 EAS 
lished under section 902(b)(1) of division N of the Consoli-
dated Appropriations Act, 2021 (Public Law 116–260), 
shall establish a program, to be known as the ‘‘Tele-
communications Workforce Training Grant Program’’, 
under which the Assistant Secretary awards grants to eligi-
ble entities to develop training programs. 
(d) FUND.— 
(1) ESTABLISHMENT.—There is established in 
the Treasury of the United States a fund to be known 
as the ‘‘Telecommunications Workforce Training 
Grant Program Fund’’. 
(2) AVAILABILITY.—Amounts in the Fund shall 
be available to the Assistant Secretary to carry out 
the Grant Program. 
(e) APPLICATION.— 
(1) IN GENERAL.—An eligible entity desiring a 
covered grant shall submit an application to the As-
sistant Secretary at such time, in such manner, and 
containing such information as the Assistant Sec-
retary may require. 
(2) CONTENTS.—An eligible entity shall include 
in an application under paragraph (1)— 
(A) a commitment from the industry part-
ner of the eligible entity to collaborate with the 
eligible entity to develop a training program, in-
428 
† HR 4521 EAS 
cluding curricula and internships or apprentice-
ships; 
(B) a description of how the eligible entity 
plans to use the covered grant, including the type 
of training program the eligible entity plans to 
develop; 
(C) a plan for recruitment of students and 
potential students to participate in the training 
program; 
(D) a plan to increase female student par-
ticipation in the training program of the eligible 
entity; and 
(E) a description of potential jobs to be se-
cured through the training program, including 
jobs in the communities surrounding the eligible 
entity. 
(f) USE OF FUNDS.—An eligible entity may use a cov-
ered grant, with respect to the training program of the eligi-
ble entity, to— 
(1) hire faculty members to teach courses in the 
training program; 
(2) train faculty members to prepare students for 
employment in jobs related to the deployment of next- 
generation wired and wireless communications net-
429 
† HR 4521 EAS 
works, including 5G networks, hybrid fiber-coaxial 
networks, and fiber infrastructure, particularly in— 
(A) broadband and wireless network engi-
neering; 
(B) network deployment, operation, and 
maintenance; 
(C) industry field activities; and 
(D) cloud networks, data centers, and cyber-
security; 
(3) design and develop curricula and other com-
ponents necessary for degrees, courses, or programs of 
study, 
including 
certificate 
programs 
and 
credentialing programs, that comprise the training 
program; 
(4) pay for costs associated with instruction 
under the training program, including the costs of 
equipment, telecommunications training towers, lab-
oratory space, classroom space, and instructional field 
activities; 
(5) fund scholarships, student internships, ap-
prenticeships, and pre-apprenticeship opportunities; 
(6) recruit students for the training program; 
and 
(7) support the enrollment in the training pro-
gram of individuals working in the telecommuni-
430 
† HR 4521 EAS 
cations industry in order to advance professionally in 
the industry. 
(g) GRANT AWARDS.— 
(1) DEADLINE.—Not later than 2 years after the 
date on which amounts are appropriated to the Fund 
pursuant to subsection (m), the Assistant Secretary 
shall award all covered grants. 
(2) MINIMUM
ALLOCATION
TO
CERTAIN
ENTI-
TIES.—The Assistant Secretary shall award not less 
than— 
(A) 30 percent of covered grant amounts to 
historically Black colleges or universities; and 
(B) 30 percent of covered grant amounts to 
Tribal Colleges or Universities. 
(3) EVALUATION CRITERIA.—As part of the final 
rules issued under subsection (h), the Assistant Sec-
retary shall develop criteria for evaluating applica-
tions for covered grants. 
(4) COORDINATION.—The Assistant Secretary 
shall ensure that grant amounts awarded under para-
graph (2) are coordinated with, and do not duplicate 
the specific use of, grant amounts provided under sec-
tion 902 of division N of the Consolidated Appropria-
tions Act, 2021 (Public Law 116–260).
431 
† HR 4521 EAS 
(5) CONSTRUCTION.—In awarding grants under 
this section for training or education relating to con-
struction, the Assistant Secretary may prioritize ap-
plicants that partner with apprenticeship programs, 
pre-apprenticeship programs, or public two-year com-
munity or technical colleges that have a written 
agreement with one or more apprenticeship programs. 
(h) RULES.—Not later than 180 days after the date 
of enactment of this division, after providing public notice 
and an opportunity to comment, the Assistant Secretary, 
in consultation with the Secretary of Labor and the Sec-
retary of Education, shall issue final rules governing the 
Grant Program. 
(i) TERM.—The Assistant Secretary shall establish the 
term of a covered grant, which may not be less than 5 years. 
(j) GRANTEE REPORTS.—During the term of a covered 
grant received by an eligible entity, the eligible entity shall 
submit to the Assistant Secretary a semiannual report that, 
with respect to the preceding 6-month period— 
(1) describes how the eligible entity used the cov-
ered grant amounts; 
(2) describes the progress the eligible entity made 
in developing and executing the training program of 
the eligible entity;
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† HR 4521 EAS 
(3) describes the number of faculty and students 
participating in the training program of the eligible 
entity; 
(4) describes the partnership with the industry 
partner of the eligible entity, including— 
(A) the commitments and in-kind contribu-
tions made by the industry partner; and 
(B) the role of the industry partner in cur-
riculum development, the degree program, and 
internships and apprenticeships; and 
(5) includes data on internship, apprenticeship, 
and employment opportunities and placements. 
(k) OVERSIGHT.— 
(1) AUDITS.—The Inspector General of the De-
partment of Commerce shall audit the Grant Program 
in order to— 
(A) ensure that eligible entities use covered 
grant amounts in accordance with— 
(i) the requirements of this section; and 
(ii) the overall purpose of the Grant 
Program, as described in subsection (c); and 
(B) prevent waste, fraud, and abuse in the 
operation of the Grant Program. 
(2) REVOCATION OF FUNDS.—The Assistant Sec-
retary shall revoke a grant awarded to an eligible en-
433 
† HR 4521 EAS 
tity that is not in compliance with the requirements 
of this section or the overall purpose of the Grant Pro-
gram, as described in subsection (c). 
(l) ANNUAL REPORT TO CONGRESS.—Each year, until 
all covered grants have expired, the Assistant Secretary 
shall submit to Congress a report that— 
(1) identifies each eligible entity that received a 
covered grant and the amount of the covered grant; 
(2) describes the progress each eligible entity de-
scribed in paragraph (1) has made toward accom-
plishing the overall purpose of the Grant Program, as 
described in subsection (c); 
(3) summarizes the job placement status or ap-
prenticeship opportunities of students who have par-
ticipated in the training program of the eligible enti-
ty; and 
(4) includes the findings of any audits conducted 
by the Inspector General of the Department of Com-
merce under subsection (k)(1) that were not included 
in the previous report submitted under this sub-
section. 
(m) AUTHORIZATION OF APPROPRIATIONS.— 
(1) IN GENERAL.—There is authorized to be ap-
propriated to the Fund a total of $100,000,000 for fis-
434 
† HR 4521 EAS 
cal years 2022 through 2027, to remain available 
until expended. 
(2) ADMINISTRATION.—The Assistant Secretary 
may use not more than 2 percent of the amounts ap-
propriated to the Fund for the administration of the 
Grant Program. 
SEC. 2510. COUNTRY OF ORIGIN LABELING ONLINE ACT. 
(a) MANDATORY ORIGIN AND LOCATION DISCLOSURE 
FOR PRODUCTS OFFERED FOR SALE ON THE INTERNET.— 
(1) IN
GENERAL.—It shall be unlawful for a 
product that is required to be marked under section 
304 of the Tariff Act of 1930 (19 U.S.C. 1304) or its 
implementing regulations to be introduced, sold, ad-
vertised, or offered for sale in commerce on an inter-
net website unless the internet website description of 
the product— 
(A)(i) indicates in a conspicuous place the 
country of origin of the product, in a manner 
consistent with the regulations prescribed under 
section 304 of the Tariff Act of 1930 (19 U.S.C. 
1304) and the country of origin marking regula-
tions administered by U.S. Customs and Border 
Protection; and 
(ii) includes, in the case of—
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† HR 4521 EAS 
(I) a new passenger motor vehicle (as 
defined in section 32304 of title 49, United 
States Code), the disclosure required by such 
section; 
(II) a textile fiber product (as defined 
in section 2 of the Textile Fiber Products 
Identification Act (15 U.S.C. 70b)), the dis-
closure required by such Act; 
(III) a wool product (as defined in sec-
tion 2 of the Wool Products Labeling Act of 
1939 (15 U.S.C. 68)), the disclosure re-
quired by such Act; 
(IV) a fur product (as defined in sec-
tion 2 of the Fur Products Labeling Act (15 
U.S.C. 69)), the disclosure required by such 
Act; and 
(V) a covered commodity (as defined in 
section 281 of the Agricultural Marketing 
Act of 1946 (7 U.S.C. 1638)), the country of 
origin information required by section 282 
of such Act (7 U.S.C. 1638a); and 
(B) indicates in a conspicuous place the 
country in which the seller of the product is lo-
cated (and, if applicable, the country in which 
any parent corporation of such seller is located).
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† HR 4521 EAS 
(2) LIMITATION.—The disclosure of a product’s 
country of origin required pursuant to paragraph 
(1)(A) shall not be made in such a manner as to rep-
resent to a consumer that the product is in whole, or 
part, of United States origin, unless such disclosure 
is consistent with section 5 of the Federal Trade Com-
mission Act (15 U.S.C. 45(a)), provided that no other 
Federal statute applies. 
(3) CERTAIN DRUG PRODUCTS.—It shall be un-
lawful for a drug that is not subject to section 
503(b)(1) of the Federal Food, Drug, and Cosmetic 
Act (21 U.S.C. 353(b)(1)) and that is required to be 
marked under section 304 of the Tariff Act of 1930 
(19 U.S.C. 1304) to be offered for sale in commerce 
to consumers on an internet website unless the inter-
net website description of the drug indicates in a con-
spicuous manner the name and place of business of 
the manufacturer, packer, or distributor that is re-
quired to appear on the label of the drug in accord-
ance with section 502(b) of the Federal Food, Drug, 
and Cosmetic Act (21 U.S.C. 352(b)). 
(b) PROHIBITION ON FALSE AND MISLEADING REP-
RESENTATION
OF UNITED STATES ORIGIN
ON PROD-
UCTS.—
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† HR 4521 EAS 
(1) UNLAWFUL ACTIVITY.—Notwithstanding any 
other provision of law, it shall be unlawful to make 
any false or deceptive representation that a product 
or its parts or processing are of United States origin 
in any labeling, advertising, or other promotional 
materials, or any other form of marketing, including 
marketing through digital or electronic means in the 
United States. 
(2) DECEPTIVE
REPRESENTATION.—For pur-
poses of paragraph (1), a representation that a prod-
uct is in whole, or in part, of United States origin 
is deceptive if, at the time the representation is made, 
such claim is not consistent with section 5 of the Fed-
eral Trade Commission Act (15 U.S.C. 45(a)), pro-
vided that no other Federal statute applies. 
(c) ENFORCEMENT BY COMMISSION.— 
(1) UNFAIR
OR
DECEPTIVE
ACTS
OR
PRAC-
TICES.—A violation of subsection (a) or (b) shall be 
treated as a violation of a rule under section 
18(a)(1)(B) of the Federal Trade Commission Act (15 
U.S.C. 57a(a)(1)(B)). 
(2) POWERS OF THE COMMISSION.— 
(A) IN
GENERAL.—The Commission shall 
enforce this section in the same manner, by the 
same means, and with the same jurisdiction,
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† HR 4521 EAS 
powers, and duties as though all applicable 
terms and provisions of the Federal Trade Com-
mission Act (15 U.S.C. 41 et seq.) were incor-
porated into and made a part of this section. 
(B) PRIVILEGES
AND
IMMUNITIES.—Any 
person that violates subsection (a) or (b) shall be 
subject to the penalties and entitled to the privi-
leges and immunities provided in the Federal 
Trade Commission Act (15 U.S.C. 41 et seq.) as 
though all applicable terms and provisions of 
that Act were incorporated and made part of 
this section. 
(C) AUTHORITY
PRESERVED.—Nothing in 
this section may be construed to limit the au-
thority of the Commission under any other pro-
vision of law. 
(3) INTERAGENCY AGREEMENT.—Not later than 
6 months after the date of enactment of this division, 
the Commission and U.S. Customs and Border Pro-
tection shall— 
(A) enter into a Memorandum of Under-
standing or other appropriate agreement for the 
purpose of providing consistent implementation 
of this section; and
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† HR 4521 EAS 
(B) publish such agreement to provide pub-
lic guidance. 
(4) DEFINITION OF COMMISSION.—In this sub-
section, the term ‘‘Commission’’ means the Federal 
Trade Commission. 
(d) EFFECTIVE DATE.—This section shall take effect 
9 months after the date of enactment of this division. 
SEC. 2511. COUNTRY OF ORIGIN LABELING FOR KING CRAB 
AND TANNER CRAB. 
Section 281(7)(B) of the Agricultural Marketing Act 
of 1946 (7 U.S.C. 1638(7)(B)) is amended— 
(1) by striking ‘‘includes a fillet’’ and inserting 
‘‘includes— 
‘‘(i) a fillet’’; 
(2) by striking the period at the end and insert-
ing ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(ii) whole cooked king crab and tan-
ner crab and cooked king crab and tanner 
crab sections.’’. 
SEC. 2512. INTERNET EXCHANGES AND SUBMARINE CA-
BLES. 
(a) DEFINITIONS.—In this section:
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† HR 4521 EAS 
(1) ASSISTANT SECRETARY.—The term ‘‘Assist-
ant Secretary’’ means the Assistant Secretary of Com-
merce for Communications and Information. 
(2) CORE BASED STATISTICAL AREA.—The term 
‘‘core based statistical area’’ has the meaning given 
the term by the Office of Management and Budget in 
the Notice of Decision entitled ‘‘2010 Standards for 
Delineating Metropolitan and Micropolitan Statis-
tical Areas’’, published in the Federal Register on 
June 28, 2010 (75 Fed. Reg. 37246), or any successor 
to that Notice. 
(3) COVERED GRANT.—The term ‘‘covered grant’’ 
means a grant awarded under subsection (b)(1). 
(4) INDIAN TRIBE.—The term ‘‘Indian Tribe’’— 
(A) has the meaning given the term in sec-
tion 4 of the Indian Self-Determination and 
Education Assistance Act (25 U.S.C. 5304); and 
(B) includes a Native Hawaiian organiza-
tion, as that term is defined in section 6207 of 
the Native Hawaiian Education Act (20 U.S.C. 
7517). 
(5) INTERNET EXCHANGE FACILITY.—The term 
‘‘internet exchange facility’’ means physical infra-
structure through which internet service providers
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† HR 4521 EAS 
and content delivery networks exchange internet traf-
fic between their networks. 
(6) STATE.—The term ‘‘State’’ has the meaning 
given the term in section 3 of the Communications 
Act of 1934 (47 U.S.C. 153). 
(7) SUBMARINE CABLE LANDING STATION.—The 
term ‘‘submarine cable landing station’’ means a 
cable landing station, as that term is used in section 
1.767(a)(5) of title 47, Code of Federal Regulations 
(or any successor regulation), that can be utilized to 
land a submarine cable by an entity that has ob-
tained a license under the first section of the Act enti-
tled ‘‘An Act relating to the landing and operation of 
submarine cables in the United States’’, approved 
May 27, 1921 (47 U.S.C. 34) (commonly known as 
the ‘‘Cable Landing Licensing Act’’). 
(b) INTERNET EXCHANGE FACILITY GRANTS.— 
(1) GRANTS.—Not later than 1 year after the 
date on which amounts are made available under sub-
section (e), the Assistant Secretary shall award grants 
to entities to acquire real property and necessary 
equipment to— 
(A) establish a new internet exchange facil-
ity in a core based statistical area in which, at
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† HR 4521 EAS 
the time the grant is awarded, there are no exist-
ing internet exchange facilities; or 
(B) expand operations at an existing inter-
net exchange facility in a core based statistical 
area in which, at the time the grant is awarded, 
there is only 1 internet exchange facility. 
(2) ELIGIBILITY.—To be eligible to receive a cov-
ered grant, an entity shall— 
(A) have sufficient interest from third party 
entities that will use the internet exchange facil-
ity to be funded by the grant once the facility is 
established or operations are expanded, as appli-
cable; 
(B) have sovereign control over the land or 
building in which the internet exchange facility 
is to be housed; 
(C) provide evidence of direct conduit, duct, 
and manhole access to public rights-of-way; 
(D) have a plan to establish security proto-
cols for the internet exchange facility to prevent 
physical or electronic intrusion from unauthor-
ized users; and 
(E) provide other information required by 
the Assistant Secretary to protect against waste, 
fraud, or abuse.
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† HR 4521 EAS 
(3) FEDERAL SHARE.—The Federal share of the 
total cost of the establishment of, or expansion of op-
erations at, an internet exchange facility for which a 
covered grant is awarded may not exceed 50 percent. 
(4) GRANT AMOUNT.—The amount of a covered 
grant may not exceed $3,000,000. 
(5) APPLICATIONS.— 
(A) RULES
AND
TIMELINES.—Not later 
than 1 year after the date of enactment of this 
division, the Assistant Secretary shall establish 
rules and timelines for applications for— 
(i) covered grants; and 
(ii) grants under subsection (c). 
(B) THIRD
PARTY
REVIEW.—To prevent 
fraud in the covered grant program, the Assist-
ant Secretary shall enter into a contract with an 
independent third party under which the third 
party reviews an application for a covered grant 
not later than 60 days after the date on which 
the application is submitted to ensure that only 
an entity that is eligible for a covered grant re-
ceives a covered grant. 
(6) RULE OF CONSTRUCTION.—Nothing in this 
subsection shall be construed to authorize the Assist-
ant Secretary to regulate, issue guidance for, or other-
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† HR 4521 EAS 
wise interfere with the activities at an internet ex-
change facility. 
(c) SUBMARINE CABLE LANDING STATION GRANTS.— 
Not later than 1 year after the date on which amounts are 
made available under subsection (e), and in accordance 
with the rules and timelines established under subsection 
(b)(5)(A), the Assistant Secretary shall award grants to 
States and Indian Tribes to build infrastructure and ac-
quire necessary equipment to establish or expand an open- 
access, carrier-neutral submarine cable landing station that 
serves a military facility. 
(d) REPORT.—Not later than 5 years after the date 
of enactment of this division, and annually thereafter for 
5 years, the Assistant Secretary shall submit a report on 
outcomes of grants awarded under this section to— 
(1) the Committee on Commerce, Science, and 
Transportation of the Senate; and 
(2) the Committee on Energy and Commerce of 
the House of Representatives. 
(e) AUTHORIZATION OF APPROPRIATIONS.— 
(1) IN GENERAL.—There is authorized to be ap-
propriated $35,000,000 to carry out subsections (b) 
and (c). 
(2) LIMITATION.—The Assistant Secretary may 
not use more than 10 percent of the amounts made
445 
† HR 4521 EAS 
available under paragraph (1) to administer and re-
port on the outcomes of grants awarded under this 
section. 
(f) RETURN OF CERTAIN GRANT AMOUNTS.—The As-
sistant Secretary may require a recipient of a grant award-
ed under subsection (b) or (c) to return all or a portion 
of the grant amount if there is evidence of waste, fraud, 
or abuse of grant funds by the recipient. 
SEC. 2513. STUDY OF SISTER CITY PARTNERSHIPS OPER-
ATING WITHIN THE UNITED STATES INVOLV-
ING FOREIGN COMMUNITIES IN COUNTRIES 
WITH SIGNIFICANT PUBLIC SECTOR CORRUP-
TION. 
(a) SHORT TITLE.—This section may be cited as the 
‘‘Sister City Transparency Act’’. 
(b) DEFINITIONS.—In this section: 
(1) 
APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional commit-
tees’’ means— 
(A) the Committee on Foreign Relations of 
the Senate; 
(B) the Committee on Health, Education, 
Labor, and Pensions of the Senate; 
(C) the Committee on Armed Services of the 
Senate;
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† HR 4521 EAS 
(D) the Committee on Foreign Affairs of the 
House of Representatives; 
(E) the Committee on Education and Labor 
of the House of Representatives; and 
(F) the Committee on Armed Services of the 
House of Representatives. 
(2) FOREIGN
COMMUNITY.—The term ‘‘foreign 
community’’ means any subnational unit of govern-
ment outside of the United States. 
(3) SISTER CITY PARTNERSHIP.—The term ‘‘sis-
ter city partnership’’ means a formal agreement be-
tween a United States community and a foreign com-
munity that— 
(A) is recognized by Sister Cities Inter-
national; and 
(B) is operating within the United States. 
(4) UNITED
STATES
COMMUNITY.—The term 
‘‘United States community’’ means a State, county, 
city, or other unit of local government in the United 
States. 
(c) STUDY OF SISTER CITY PARTNERSHIPS OPER-
ATING WITHIN THE UNITED STATES INVOLVING FOREIGN 
COMMUNITIES IN COUNTRIES WITH SIGNIFICANT PUBLIC 
SECTOR CORRUPTION.—
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† HR 4521 EAS 
(1) IN GENERAL.—The Comptroller General of 
the United States shall conduct a study of the activi-
ties of sister city partnerships involving foreign com-
munities in countries receiving a score of 45 or less 
on Transparency International’s 2019 Corruption 
Perceptions Index. 
(2) ELEMENTS OF THE STUDY.—The study con-
ducted under paragraph (1) shall— 
(A) identify— 
(i) the criteria by which foreign com-
munities identify United States commu-
nities as candidates for sister city partner-
ships, including themes with respect to the 
prominent economic activities and demo-
graphics of such United States commu-
nities; 
(ii) the activities conducted within sis-
ter city partnerships; 
(iii) the economic and educational out-
comes of such activities; 
(iv) the types of information that sister 
city partnerships make publicly available, 
including information relating to contracts 
and activities;
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† HR 4521 EAS 
(v) the means by which United States 
communities safeguard freedom of expres-
sion within sister city partnerships; and 
(vi) the oversight practices that United 
States communities implement to mitigate 
the risks of foreign espionage and economic 
coercion within sister city partnerships; 
(B) assess— 
(i) the extent to which United States 
communities ensure transparency regarding 
sister city partnership contracts and activi-
ties; 
(ii) the extent to which sister city part-
nerships involve economic arrangements 
that make United States communities vul-
nerable to malign market practices; 
(iii) the extent to which sister city 
partnerships involve educational arrange-
ments that diminish the freedom of expres-
sion; 
(iv) the extent to which sister city 
partnerships allow foreign nationals to ac-
cess local commercial, educational, and po-
litical institutions;
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† HR 4521 EAS 
(v) the extent to which foreign commu-
nities could use sister city partnerships to 
realize strategic objectives that do not con-
duce to the economic and national security 
interests of the United States; 
(vi) the extent to which sister city 
partnerships could enable or otherwise con-
tribute to foreign communities’ malign ac-
tivities globally, including activities relat-
ing to human rights abuses and academic 
and industrial espionage; and 
(vii) the extent to which United States 
communities seek to mitigate foreign na-
tionals’ potentially inappropriate use of 
visa programs to participate in activities 
relating to sister city partnerships; and 
(C) review— 
(i) the range of activities conducted 
within sister city partnerships, including 
activities relating to cultural exchange and 
economic development; 
(ii) how such activities differ between 
sister city partnerships; and
450 
† HR 4521 EAS 
(iii) best practices to ensure trans-
parency regarding sister city partnerships’ 
agreements, activities, and employees. 
(3) REPORT.— 
(A) IN GENERAL.—Not later than 6 months 
after initiating the study required under para-
graph (1), the Comptroller General shall submit 
a report to the appropriate congressional com-
mittees that contains the results of such study, 
including the findings, conclusions, and rec-
ommendations (if any) of the study. 
(B) FORM.—The report required under sub-
paragraph (A) may include a classified annex, if 
necessary. 
SEC. 2514. PROHIBITION ON TRANSFER, ASSIGNMENT, OR 
DISPOSITION OF CONSTRUCTION PERMITS 
AND STATION LICENSES TO ENTITIES SUB-
JECT TO UNDUE INFLUENCE BY THE CHI-
NESE COMMUNIST PARTY OR THE GOVERN-
MENT OF THE PEOPLE’S REPUBLIC OF CHINA. 
The Federal Communications Commission shall, pur-
suant to section 310 of the Communications Act of 1934 
(47 U.S.C. 310), prohibit the transfer, assignment, or dis-
position of construction permits and station licenses to an 
entity that is subject to undue influence by the Chinese
451 
† HR 4521 EAS 
Communist Party or the Government of the People’s Repub-
lic of China. 
SEC. 2515. LIMITATION ON NUCLEAR COOPERATION WITH 
THE PEOPLE’S REPUBLIC OF CHINA. 
(a) IN GENERAL.—The President shall not— 
(1) develop, design, plan, promulgate, imple-
ment, or execute a bilateral policy, program, order, or 
contract of any kind to participate in, collaborate on, 
or coordinate bilaterally in any manner with respect 
to nuclear cooperation activities, or otherwise engage 
in nuclear cooperation, with— 
(A) the Government of the People’s Republic 
of China; or 
(B) any company— 
(i) owned by the Government of the 
People’s Republic of China; or 
(ii) incorporated under the laws of the 
People’s Republic of China; or 
(2) allow any agency of the United States Gov-
ernment to host official visitors at a facility belonging 
to the agency if those visitors are— 
(A) officials, corporate officers, or principal 
shareholders of any entity described in subpara-
graph (A) or (B) of paragraph (1); or
452 
† HR 4521 EAS 
(B) individuals subject to undue influence 
by the individuals described in subparagraph 
(A). 
(b) REVIEW OF PRIOR NUCLEAR COOPERATION AND 
ASSOCIATED IMPACTS.— 
(1) AGREEMENT.—Not later than 60 days after 
the date of enactment of this division, the Secretary 
of State shall seek to enter into an agreement with the 
National Academy of Public Administration (referred 
to in this section as the ‘‘National Academy’’) to 
carry out the review and assessment described in 
paragraph (2) and submit the report described in 
paragraph (3). 
(2) REVIEW AND ASSESSMENT.— 
(A) IN GENERAL.—Under the agreement de-
scribed in paragraph (1), the National Academy 
shall— 
(i) conduct a review of nuclear co-
operation during the 25-year period ending 
on the date of enactment of this division be-
tween the United States Government and 
the People’s Republic of China, including 
the role of the Department of State in facili-
tating such cooperation; and
453 
† HR 4521 EAS 
(ii) perform an assessment of the im-
plications of the cooperation described in 
clause (i) on the national security of the 
United States. 
(B) ELEMENTS.—In conducting the review 
and assessment under subparagraph (A), the Na-
tional Academy shall examine all cooperative ac-
tivities relating to nuclear cooperation between 
the United States Government and the People’s 
Republic of China during the 25-year period 
ending on the date of enactment of this division, 
including— 
(i) all trips relating to nuclear co-
operation taken by officials of the Depart-
ment of State to the People’s Republic of 
China; 
(ii) all exchanges of goods, services, 
data, or information between officials of the 
United States Government and an entity 
described in subparagraph (A) or (B) of 
subsection (a)(1); and 
(C) all instances in which officials of the 
United States Government hosted officials from, 
or significantly tied to, an entity described in 
subparagraph (A) or (B) of subsection (a)(1).
454 
† HR 4521 EAS 
(3) DEADLINE AND REPORT.—Not later than 1 
year after the date on which the Secretary and the 
National Academy enter into an agreement described 
in paragraph (1), the National Academy shall— 
(A) complete the review and assessment de-
scribed in paragraph (2); and 
(B) submit a report containing the results 
of the review and assessment, which shall be un-
classified but, if necessary, may contain a classi-
fied annex, to— 
(i) the Secretary; and 
(ii) the appropriate congressional com-
mittees. 
(4) PUBLICATION.—Not later than 60 days after 
the date on which the National Academy submits the 
report under paragraph (3), the Secretary shall make 
the report publically available in an easily accessible 
electronic format, with appropriate redactions for in-
formation that, in the determination of the Secretary, 
would be damaging to the national security of the 
United States if disclosed. 
(c) WAIVERS.— 
(1) WAIVER
FOR
COUNTERTERRORISM; 
NON-
PROLIFERATION ACTIVITIES; AND THE NATIONAL IN-
455 
† HR 4521 EAS 
TEREST.—The President may waive the limitation 
under subsection (a)— 
(A) to continue ongoing activities with the 
People’s Republic of China relating to nuclear 
and radiological counterterrorism, nuclear and 
radiological counterproliferation, and nuclear 
and radiological nonproliferation; or 
(B) if the President determines that such 
waiver is in the national interests of the United 
States, provided the Federal Bureau of Investiga-
tion certifies prior to such waiver that the per-
sons covered under such waiver— 
(i) are not subject to undue influence 
by the Government of the People’s Republic 
of China or the Chinese Communist Party, 
or by officials of the People’s Republic of 
China or the Chinese Communist Party; 
and 
(ii) are not engaged in human rights 
abuses. 
(2) WAIVER TO ADDRESS EMERGENCIES.—Sub-
ject to receiving appropriate licenses and other au-
thorizations, the President may waive the limitation 
under subsection (a) to allow transfers of technology
456 
† HR 4521 EAS 
and equipment to address a nuclear or radiological 
emergency. 
(3) NOTIFICATION
REQUIREMENT.—The Presi-
dent shall notify Congress of any waiver issued under 
paragraph (1) or (2). 
(d) DEFINITIONS.—In this section: 
(1) NUCLEAR COOPERATION.—The term ‘‘nuclear 
cooperation’’ means cooperation with respect to nu-
clear activities, including the development, use, or 
control of atomic energy, including any activities in-
volving the processing or utilization of source mate-
rial, byproduct material, or special nuclear material 
(as those terms are defined in section 11 of the Atomic 
Energy Act of 1954 (42 U.S.C. 2014)). 
(2) NUCLEAR
COOPERATION
ACTIVITIES.—The 
term ‘‘nuclear cooperation activities’’ means activities 
relating to nuclear cooperation. 
(e) RULE OF CONSTRUCTION.— Nothing in this divi-
sion shall be construed to prohibit— 
(1) United States commercial activities, provided 
such activities are consistent with the laws and regu-
lations of the United States; and 
(2) limited diplomatic engagement or dialogue—
457 
† HR 4521 EAS 
(A) including regarding protection of the 
intellectual property and trade secrets of Amer-
ican persons; and 
(B) except for any diplomatic engagement 
or dialogue relating to or aimed at facilitating 
the transfer of nuclear technology. 
SEC. 2516. CERTIFICATION. 
Section 1260I(a) of the National Defense Authoriza-
tion Act for Fiscal Year 2020 (Public Law 116–92; 113 
Stat. 1687) is amended— 
(1) by inserting ‘‘and’’ at the end of paragraph 
(2); and 
(2) by striking paragraphs (3) and (4) and in-
serting the following: 
‘‘(3) Huawei does not pose an ongoing threat to 
the critical infrastructure of the United States or its 
allies.’’. 
SEC. 2517. FAIRNESS AND DUE PROCESS IN STANDARDS- 
SETTING BODIES. 
(a) DEFINITIONS.—In this section: 
(1) APPROPRIATE COMMITTEES OF CONGRESS.— 
The term ‘‘appropriate committees of Congress’’ 
means— 
(A) the Committee on Commerce, Science, 
and Transportation of the Senate;
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† HR 4521 EAS 
(B) the Committee on Armed Services of the 
Senate; 
(C) the Select Committee on Intelligence of 
the Senate; 
(D) the Committee on Foreign Relations of 
the Senate; 
(E) the Committee on Science, Space, and 
Technology of the House of Representatives; 
(F) the Committee on Armed Services of the 
House of Representatives; 
(G) the Permanent Select Committee on In-
telligence of the House of Representatives; and 
(H) the Committee on Foreign Affairs of the 
House of Representatives. 
(2) ASSISTANT SECRETARY.—The term ‘‘Assist-
ant Secretary’’ means the Assistant Secretary of Com-
merce for Communications and Information. 
(b) STUDY.— 
(1) IN GENERAL.—Not later than 270 days after 
the date of enactment of this division, the Secretary 
of Commerce, acting through the Assistant Secretary, 
shall submit to the appropriate committees of Con-
gress the results of a study identifying opportunities 
for improved participation by United States Govern-
ment experts in the standardization activities of the
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† HR 4521 EAS 
Telecommunication Standardization Sector of the 
International Telecommunication Union. 
(2) CONSULTATIONS REQUIRED.—In conducting 
the study required under paragraph (1), the Assistant 
Secretary shall— 
(A) consult with— 
(i) the Under Secretary of State for 
Economic Growth, Energy, and the Envi-
ronment; and 
(ii) the Chairman of the Federal Com-
munications Commission; 
(B) engage with the International Digital 
Economy 
and 
Telecommunication 
Advisory 
Committee; and 
(C) provide opportunities for all relevant 
stakeholders in the United States to provide 
meaningful input with respect to the conduct of 
the study. 
(3) CONTENTS.—The study required under para-
graph (1) shall include— 
(A) the identification and assessment of fac-
tors that serve as a barrier to the participation 
of United States Government experts in the 
standards development activities of the Tele-
communication Standardization Sector of the
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† HR 4521 EAS 
International Telecommunication Union, includ-
ing— 
(i) budgetary constraints; 
(ii) lack of awareness regarding the 
strategic importance of, and support for, 
participation in those activities; 
(iii) limited knowledge about opportu-
nities for, and means of, participation with 
respect to those activities; 
(iv) the extent to which there are op-
portunities for cooperation with government 
experts from like-minded foreign allies with 
respect to those activities; and 
(v) any other barriers to effective par-
ticipation in, and representation with re-
spect to, those activities; and 
(B) recommendations regarding how the 
barriers to increased and effective participation, 
as identified under subparagraph (A), could be 
addressed, which may include— 
(i) strategies and tactics to ensure 
long-term participation; 
(ii) means for improved information 
sharing and coordination—
461 
† HR 4521 EAS 
(I) among Federal Government 
participants; 
(II) between the public and pri-
vate sectors; and 
(III) between the Federal Govern-
ment and like-minded foreign allies; 
(iii) identification of suitable leader-
ship opportunities for Federal Government 
participants; and 
(iv) any other recommendation that 
the Assistant Secretary determines to be ap-
propriate. 
SEC. 2518. SHARK FIN SALES ELIMINATION. 
(a) SHORT TITLE.—This section may be cited as the 
‘‘Shark Fin Sales Elimination Act of 2021’’. 
(b) PROHIBITION ON SALE OF SHARK FINS.— 
(1) PROHIBITION.—Except as provided in sub-
section (c), no person shall possess, transport, offer for 
sale, sell, or purchase shark fins or products con-
taining shark fins. 
(2) PENALTY.—A violation of paragraph (1) 
shall be treated as an act prohibited by section 307 
of the Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1857) and shall be pe-
nalized pursuant to section 308(a) of that Act (16
462 
† HR 4521 EAS 
U.S.C. 1858(a)), except that the maximum civil pen-
alty for each violation shall be $100,000, or the fair 
market value of the shark fins involved, whichever is 
greater. 
(c) EXCEPTIONS.—A person may possess a shark fin 
that was taken lawfully under a State, territorial, or Fed-
eral license or permit to take or land sharks, if the shark 
fin is separated from the shark in a manner consistent with 
the license or permit and is— 
(1) destroyed or discarded upon separation; 
(2) used for noncommercial subsistence purposes 
in accordance with State or territorial law; 
(3) used solely for display or research purposes 
by a museum, college, or university, or other person 
under a State or Federal permit to conduct non-
commercial scientific research; or 
(4) retained by the license or permit holder for 
a noncommercial purpose. 
(d) DOGFISH.— 
(1) IN GENERAL.—It shall not be a violation of 
subsection (b) for any person to possess, transport, 
offer for sale, sell, or purchase any fresh or frozen raw 
fin or tail from any stock of the species Mustelus 
canis (smooth dogfish) or Squalus acanthias (spiny 
dogfish).
463 
† HR 4521 EAS 
(2) REPORT.—By not later than January 1, 
2027, the Secretary of Commerce shall review the ex-
emption contained in paragraph (1) and shall pre-
pare and submit to Congress a report that includes a 
recommendation on whether the exemption contained 
in paragraph (1) should continue or be terminated. 
In preparing such report and making such rec-
ommendation, the Secretary shall analyze factors in-
cluding— 
(A) the economic viability of dogfish fish-
eries with and without the continuation of the 
exemption; 
(B) the impact to ocean ecosystems of con-
tinuing or terminating the exemption; 
(C) the impact on enforcement of the ban 
contained in subsection (b) caused by the exemp-
tion; and 
(D) the impact of the exemption on shark 
conservation. 
(e) DEFINITION OF SHARK FIN.—In this section, the 
term ‘‘shark fin’’ means— 
(1) the raw or dried or otherwise processed de-
tached fin of a shark; or 
(2) the raw or dried or otherwise processed de-
tached tail of a shark.
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† HR 4521 EAS 
(f) STATE AUTHORITY.—Nothing in this section may 
be construed to preclude, deny, or limit any right of a State 
or territory to adopt or enforce any regulation or standard 
that is more stringent than a regulation or standard in ef-
fect under this section. 
(g) SEVERABILITY.—If any provision of this section or 
its application to any person or circumstance is held in-
valid, the invalidity does not affect other provisions or ap-
plications of this section which can be given effect without 
the invalid provision or application, and to this end the 
provisions of this section are severable. 
SEC. 2519. SENSE OF CONGRESS ON FORCED LABOR. 
It is the sense of Congress that the Federal Government 
shall not engage in research, partnerships, contracts, or 
other agreements with any entity (including any country 
or institution of higher education) that has any affiliation 
with a country that engages in forced labor. 
SEC. 2520. OPEN NETWORK ARCHITECTURE. 
(a) OPEN NETWORK ARCHITECTURE TESTBED.— 
(1) DEFINITIONS.—In this subsection— 
(A) the term ‘‘Applied Research Open-RAN 
testbed’’ means the testbed established under 
paragraph (2);
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† HR 4521 EAS 
(B) the term ‘‘Assistant Secretary’’ means 
the Assistant Secretary of Commerce for Commu-
nications and Information; and 
(C) the term ‘‘NTIA’’ means the National 
Telecommunications and Information Adminis-
tration. 
(2) ESTABLISHMENT.—The Assistant Secretary 
shall establish an applied research open network ar-
chitecture testbed at the Institute for Telecommuni-
cation Sciences of the NTIA to develop and dem-
onstrate network architectures and applications, 
equipment integration and interoperability at scale, 
including— 
(A) Open Radio Access Network (commonly 
known as ‘‘Open-RAN’’) technology; 
(B) Virtualized Radio Access Network (com-
monly known as ‘‘vRAN’’) technology; and 
(C) cloud native technologies that replicate 
telecommunications hardware as software-based 
virtual network elements and functions. 
(3) FOCUS; CONSIDERATIONS.—In establishing 
the Applied Research Open-RAN testbed pursuant to 
this section, the Assistant Secretary shall ensure that 
such testbed evaluates issues related to deployment
466 
† HR 4521 EAS 
and operation of open network architectures in rural 
areas. 
(4) COOPERATIVE RESEARCH AND DEVELOPMENT 
AGREEMENTS.—The Assistant Secretary shall enter 
into cooperative research and development agreements 
as appropriate to obtain equipment, devices, and ex-
pertise for the Applied Research Open-RAN testbed, 
in accordance with section 12 of the Stevenson-Wydler 
Technology Innovation Act of 1980 (15 U.S.C. 
3710a). 
(5) PRIVATE SECTOR CONTRIBUTIONS.—The As-
sistant Secretary may accept private contributions to 
the Applied Research Open-RAN testbed in the form 
of network equipment or devices for testing purposes. 
(6) PARTNERSHIP
WITH
GOVERNMENT
ENTI-
TIES.— 
(A) ESTABLISHMENT.—In establishing the 
Applied Research Open-RAN testbed, the Assist-
ant Secretary shall— 
(i) consult with the Federal Commu-
nications Commission, including with re-
spect to ongoing work by the Commission to 
develop other testbeds, including private sec-
tor testbeds, related to Open-RAN tech-
nologies; and
467 
† HR 4521 EAS 
(ii) ensure that the work on the testbed 
is coordinated with the responsibilities of 
the Assistant Secretary under any relevant 
memorandum of understanding with the 
Federal Communications Commission and 
the National Science Foundation related to 
spectrum. 
(B) OPERATIONS.—In operating the Ap-
plied Research Open-RAN testbed, the Assistant 
Secretary shall, in consultation with the Federal 
Communications Commission, partner with— 
(i) the First Responder Network Au-
thority of the NTIA (also known as 
‘‘FirstNet’’) and the Public Safety Commu-
nications Research Division of the National 
Institute of Standards and Technology to 
examine use cases and applications for 
Open-RAN technologies in a public safety 
network; 
(ii) other Federal agencies, as appro-
priate to examine use cases and applica-
tions for Open-RAN technologies in other 
areas of interest to such agencies; and 
(iii) international partners, as appro-
priate.
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† HR 4521 EAS 
(7) STAKEHOLDER INPUT.—The Assistant Sec-
retary shall seek input from stakeholders regarding 
the establishment and operation of the Applied Re-
search Open-RAN testbed. 
(8) IMPLEMENTATION
DEADLINE.—Not later 
than 180 days after the date of enactment of this divi-
sion, the Assistant Secretary shall— 
(A) define metrics and parameters for the 
Applied Research Open-RAN testbed, including 
functionality, project configuration and capac-
ity, performance, security requirements, and 
quality assurance; 
(B) adopt any rules as necessary, in con-
sultation with the Federal Communications 
Commission; and 
(C) begin the development of the Applied 
Research Open-RAN testbed, including seeking 
stakeholder input as required by paragraph (7). 
(9) REPORT.—Not later than 1 year after the 
date of enactment of this division, the Assistant Sec-
retary shall submit to the Committee on Commerce, 
Science and Transportation of the Senate and the 
Committee on Energy and Commerce of the House of 
Representatives a report on the findings of the testbed 
and any recommendations for additional legislative
469 
† HR 4521 EAS 
or regulatory actions relating to the work of the 
testbed. 
(10) AUTHORIZATION OF APPROPRIATIONS.— 
(A) IN GENERAL.—There are authorized to 
be appropriated for the administration of the 
Applied Research Open-RAN testbed $20,000,000 
for fiscal year 2022, to remain available until 
expended. 
(B) RULE OF CONSTRUCTION.—Nothing in 
paragraph (6) shall be construed to obligate 
FirstNet or any other Federal entity to pay for 
the cost of the Applied Research Open-RAN 
testbed created under this section in the absence 
of the appropriation of amounts under this 
paragraph. 
(C) AUTHORIZATION FOR VOLUNTARY SUP-
PORT.—A Federal entity, including FirstNet, 
may voluntarily enter into an agreement with 
NTIA to provide monetary or nonmonetary sup-
port for the Applied Research Open-RAN testbed. 
(b) PARTICIPATION
IN
STANDARDS-SETTING
BOD-
IES.— 
(1) DEFINITIONS.—In this section—
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† HR 4521 EAS 
(A) the term ‘‘Assistant Secretary’’ means 
the Assistant Secretary of Commerce for Commu-
nications and Information; 
(B) the term ‘‘eligible standards-setting 
body’’— 
(i) means a standards-setting body, 
participation in which may be funded by a 
grant awarded under paragraph (2), as de-
termined by the Assistant Secretary; and 
(ii) includes— 
(I) the 3rd Generation Partner-
ship Project (commonly known as 
‘‘3GPP’’); 
(II) 
the 
Alliance 
for 
Tele-
communications 
Industry 
Solutions 
(commonly known as ‘‘ATIS’’); 
(III) 
the 
International 
Tele-
communications 
Union 
(commonly 
known as ‘‘ITU’’); 
(IV) the Institute for Electrical 
and Electronics Engineers (commonly 
known as ‘‘IEEE’’); 
(V) 
the 
World 
Radiocommunications 
Conferences
471 
† HR 4521 EAS 
(commonly known as the ‘‘WRC’’) of 
the ITU; 
(VI) the Internet Engineering 
Task Force (commonly known as the 
‘‘IETF’’); 
(VII) the International Organiza-
tion for Standardization (commonly 
known as the ‘‘ISO’’) and the Inter-
national Electrotechnical Commission 
(commonly known as the ‘‘IEC’’); 
(VIII) the O-RAN Alliance; 
(IX) the Telecommunications In-
dustry Association (commonly known 
as ‘‘TIA’’); and 
(X) any other standards-setting 
body identified under paragraph (4); 
(C) the term ‘‘Secretary’’ means the Sec-
retary of Commerce; and 
(D) the term ‘‘standards-setting body’’ 
means an international body that develops the 
standards for open network architecture tech-
nologies. 
(2) GRANT PROGRAM.— 
(A) IN GENERAL.—The Secretary, in col-
laboration with the Assistant Secretary, shall
473 
† HR 4521 EAS 
$30,000,000 in total for fiscal years 2022 
through 2025, to remain available until ex-
pended. 
(B) ADMINISTRATIVE
COSTS.—The Sec-
retary may use not more than 2 percent of any 
funds appropriated under this paragraph for the 
administration of the grant program established 
under this subsection. 
SEC. 2521. COMBATTING SEXUAL HARASSMENT IN SCIENCE. 
(a) DEFINITIONS.—This section may be cited as the 
‘‘Combating Sexual Harassment in Science Act of 2021’’. 
(b) DEFINITIONS.—In this section: 
(1) DIRECTOR.—The term ‘‘Director’’ means the 
Director of the National Science Foundation. 
(2) FEDERAL SCIENCE AGENCY.—The term ‘‘Fed-
eral science agency’’ means any Federal agency with 
an annual extramural research expenditure of over 
$100,000,000. 
(3) GRANT PERSONNEL.—The term ‘‘grant per-
sonnel’’ means principal investigators and co-prin-
cipal investigators supported by a grant award under 
Federal law and their trainees. 
(4) INSTITUTION OF HIGHER EDUCATION.—The 
term ‘‘institution of higher education’’ has the mean-
474 
† HR 4521 EAS 
ing given such term in section 101 of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1001). 
(5) NATIONAL ACADEMIES.—The term ‘‘National 
Academies’’ 
means 
the 
National 
Academies 
of 
Sciences, Engineering, and Medicine. 
(6) RECIPIENT.—The term ‘‘recipient’’ means an 
entity, usually a non-Federal entity, that receives a 
Federal award directly from a Federal awarding 
agency. The term ‘‘recipient’’ does not include entities 
that receive subgrants or individuals that are the 
beneficiaries of the award. 
(7) SEXUAL
HARASSMENT.—The term ‘‘sexual 
harassment’’ has the meaning given such term in sec-
tion 1604.11 of title 29, Code of Federal Regulations 
(or any successor regulations). 
(c) RESEARCH GRANTS.— 
(1) IN
GENERAL.—The Director shall award 
grants, on a competitive basis, to institutions of high-
er education or nonprofit organizations (or consortia 
of such institutions or organizations)— 
(A) to expand research efforts to better un-
derstand the factors contributing to, and con-
sequences of, sexual harassment affecting individ-
uals in the scientific, technical, engineering, and
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† HR 4521 EAS 
mathematics workforce, including students and 
trainees; and 
(B) to examine best practices to reduce the 
incidence and negative consequences of such har-
assment. 
(2) USE
OF
FUNDS.—Activities funded by a 
grant under this subsection may include— 
(A) research on the sexual harassment expe-
riences of individuals in underrepresented or 
vulnerable groups, including communities of 
color, disabled individuals, foreign nationals, 
sexual- and gender-minority individuals, and 
others; 
(B) development and assessment of policies, 
procedures, trainings, and interventions, with re-
spect to sexual harassment, conflict management, 
and ways to foster respectful and inclusive cli-
mates; 
(C) research on approaches for remediating 
the negative impacts and outcomes of such har-
assment on individuals experiencing such har-
assment; 
(D) support for institutions of higher edu-
cation or nonprofit organizations to develop, 
adapt, implement, and assess the impact of inno-
476 
† HR 4521 EAS 
vative, evidence-based strategies, policies, and 
approaches to policy implementation to prevent 
and address sexual harassment; 
(E) research on alternatives to the power 
dynamics and hierarchical and dependent rela-
tionships in academia that have been shown to 
create higher levels of risk for and lower levels of 
reporting of sexual harassment; and 
(F) research related to the ongoing compila-
tion, management, and analysis of organiza-
tional climate survey data. 
(d) DATA COLLECTION.—Not later than 180 days after 
the date of enactment of this division, the Director, through 
the National Center for Science and Engineering Statistics 
and with guidance from the Office of Management and 
Budget given their oversight of the Federal statistical agen-
cies, shall convene a working group composed of representa-
tives of Federal statistical agencies— 
(1) to develop questions on sexual harassment in 
science, technology, engineering, and mathematics de-
partments to gather national data on the prevalence, 
nature, and implications of sexual harassment in in-
stitutions of higher education that builds on the work 
conducted by the National Center for Science and En-
gineering Statistics in response to recommendations
477 
† HR 4521 EAS 
from the National Academies to develop questions on 
harassment; and 
(2) to include such questions as appropriate, 
with sufficient protections of the privacy of respond-
ents, in relevant surveys conducted by the National 
Center for Science and Engineering Statistics and 
other relevant entities. 
(e) RESPONSIBLE CONDUCT GUIDE.— 
(1) IN GENERAL.—Not later than 180 days after 
the date of enactment of this division, the Director 
shall enter into an agreement with the National Acad-
emies to update the report entitled ‘‘On Being a Sci-
entist: A Guide to Responsible Conduct in Research’’ 
issued by the National Academies. The report, as so 
updated, shall include— 
(A) updated professional standards of con-
duct in research; 
(B) standards of treatment individuals can 
expect to receive under such updated standards 
of conduct; 
(C) evidence-based practices for fostering a 
climate intolerant of sexual harassment; 
(D) methods, including bystander interven-
tion, for identifying and addressing incidents of 
sexual harassment;
478 
† HR 4521 EAS 
(E) professional standards for mentorship 
and teaching with an emphasis on power diffu-
sion mechanisms and preventing sexual harass-
ment; 
(F) recommended vetting and hiring prac-
tices scientific research entities are urged to im-
plement to eliminate serial harassers; and 
(G) other topics as the National Academies 
determines appropriate. 
(2) RECOMMENDATIONS.—In updating the report 
under paragraph (1), the National Academies shall 
take into account recommendations made in the re-
port issued by the National Academies in 2018 enti-
tled ‘‘Sexual Harassment of Women: Climate, Cul-
ture, and Consequences in Academic Sciences, Engi-
neering, and Medicine’’ and other relevant studies 
and evidence. 
(3) REPORT.—Not later than 18 months after the 
effective date of the agreement under paragraph (1), 
the National Academies, as part of such agreement, 
shall submit to the Director and the Committee on 
Science, Space, and Technology of the House of Rep-
resentatives and the Committee on Commerce, 
Science, and Transportation of the Senate the report
479 
† HR 4521 EAS 
referred to in such subsection, as updated pursuant to 
such subsection. 
(f) POLICY GUIDELINES.— 
(1) RESPONSIBILITIES OF OSTP.—The Director 
of the Office of Science and Technology Policy, in co-
ordination with the working group on inclusion in 
STEM fields established under section 308 of the 
American Innovation and Competitiveness Act (42 
U.S.C. 6626) and the Safe Inclusive Research Envi-
ronments Subcommittee of the National Science and 
Technology Council, and in consultation with rep-
resentatives from each Federal science agency, the De-
partment of Education, and the Equal Employment 
Opportunity Commission, shall— 
(A) not later than 90 days after the date of 
the enactment of this division, submit to the 
Committee on Science, Space, and Technology of 
the House of Representatives and the Committee 
on Commerce, Science, and Transportation of 
the Senate an inventory of Federal science agen-
cy policies, procedures, and resources dedicated 
to preventing and responding to reports of sexual 
harassment;
480 
† HR 4521 EAS 
(B) not later than 6 months after the date 
on which the inventory is submitted under sub-
paragraph (A)— 
(i) in consultation with outside stake-
holders, develop a set of policy guidelines for 
Federal science agencies; and 
(ii) submit a report to the committees 
referred to in subparagraph (A) containing 
such guidelines; 
(C) encourage Federal science agencies to 
develop or maintain and implement policies 
based on the guidelines developed under subpara-
graph (B); 
(D) not later than 1 year after the date on 
which the inventory under subparagraph (A) is 
submitted, and every 5 years thereafter, the Di-
rector of the Office of Science and Technology 
Policy shall report to Congress on the implemen-
tation by Federal science agencies of the policy 
guidelines developed under subparagraph (B); 
and 
(E) update such policy guidelines as needed. 
(2) REQUIREMENTS.— 
(A) IN
GENERAL.—In developing policy 
guidelines under paragraph (1)(B), the Director
481 
† HR 4521 EAS 
of the Office of Science and Technology Policy 
shall consider guidelines that require, to the ex-
tent practicable— 
(i) recipients to submit to the Federal 
science agency or agencies from which the 
recipients receive funding reports relating 
to— 
(I) any decision made to launch a 
formal investigation of sexual harass-
ment by, or of, grant personnel; and 
(II) findings or determinations of 
sexual harassment by, or of, grant per-
sonnel, including the final disposition 
of a matter involving a violation of or-
ganizational policies and processes, to 
include the exhaustion of permissible 
appeals, or a conviction of a sexual of-
fense in a criminal court of law; 
(ii) the updating and sharing of re-
ports of sexual harassment submitted under 
clause (i) with relevant Federal science 
agencies by agency request; and 
(iii) consistency among relevant Fed-
eral agencies with regards to the policies
482 
† HR 4521 EAS 
and procedures for receiving reports sub-
mitted pursuant to clause (i). 
(B) FERPA.—The Director of the Office of 
Science and Technology Policy shall ensure that 
such guidelines and requirements are consistent 
with the requirements of section 444 of the Gen-
eral Education Provisions Act (20 U.S.C. 1232g) 
(commonly referred to as the ‘‘Family Edu-
cational Rights and Privacy Act of 1974’’). 
(C) PRIVACY PROTECTIONS.—The Director 
of the Office of Science and Technology Policy 
shall ensure that such guidelines and require-
ments— 
(i) do not infringe upon the privacy 
rights of individuals associated with reports 
submitted to Federal science agencies; and 
(ii) do not require recipients to provide 
interim reports to Federal science agencies. 
(3) CONSIDERATIONS.—In developing policy 
guidelines under paragraph (1)(B), the Director of 
the Office of Science and Technology Policy shall con-
sider protocols that require or incent— 
(A) recipients that receive funds from Fed-
eral science agencies to periodically assess their 
organizational climate, which may include the
483 
† HR 4521 EAS 
use of climate surveys, focus groups, or exit 
interviews; 
(B) recipients that receive funds from Fed-
eral science agencies to publish on a publicly 
available internet website the results of assess-
ments conducted pursuant to paragraph (1), 
disaggregated by gender and, if possible, race, 
ethnicity, disability status, and sexual orienta-
tion, and in a manner that does not include per-
sonally identifiable information; 
(C) recipients that receive funds from Fed-
eral science agencies to make public on an an-
nual basis the number of determinations of sex-
ual harassment at that institution or organiza-
tion; 
(D) recipients that receive funds from Fed-
eral science agencies to regularly assess and im-
prove policies, procedures, and interventions to 
reduce the prevalence of and improve the report-
ing of sexual harassment; 
(E) each entity applying for Federal assist-
ance awards from a Federal science agency to 
have a code of conduct for maintaining a healthy 
and welcoming workplace for grant personnel 
posted on their public website;
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† HR 4521 EAS 
(F) each recipient that receives funds from 
Federal science agencies to have in place mecha-
nisms for the re-integration of individuals who 
have experienced sexual harassment; and 
(G) recipients that receive funds from Fed-
eral science agencies to work to create a climate 
intolerant of sexual harassment and that values 
and promotes diversity and inclusion. 
(4) FEDERAL
SCIENCE
AGENCY
IMPLEMENTA-
TION.—Each Federal science agency shall— 
(A) develop or maintain and implement 
policies with respect to sexual harassment that 
are consistent with policy guidelines under para-
graph (1)(B) and that protect the privacy of all 
parties involved in any report and investigation 
of sexual harassment; and 
(B) broadly disseminate such policies to 
current and potential recipients of research 
grants awarded by such agency. 
(g) NATIONAL ACADEMIES ASSESSMENT.—Not later 
than 3 years after the date of enactment of this division, 
the Director shall enter into an agreement with the National 
Academies to undertake a study and issue a report on the 
influence of sexual harassment in institutions of higher edu-
cation on the career advancement of individuals in the sci-
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† HR 4521 EAS 
entific, engineering, technical, and mathematics workforce. 
The study shall assess— 
(1) the state of research on sexual harassment in 
such workforce; 
(2) whether research demonstrates a decrease in 
the prevalence of sexual harassment in such workforce; 
(3) the progress made with respect to imple-
menting recommendations promulgated in the Na-
tional Academies consensus study report entitled 
‘‘Sexual Harassment of Women: Climate, Culture, 
and Consequences in Academic Sciences, Engineering, 
and Medicine’’; 
(4) where to focus future efforts with respect to 
decreasing sexual harassment in such institutions, in-
cluding specific recommendations; and 
(5) other recommendations and issues, as the Na-
tional Academies determines appropriate. 
(h) GOVERNMENT ACCOUNTABILITY OFFICE STUDY.— 
Not later than 3 years after the date of enactment of this 
division, the Comptroller General of the United States 
shall— 
(1) complete a study that assesses the degree to 
which Federal science agencies have implemented the 
policy guidelines developed under subsection (f)(1)(B) 
and the effectiveness of that implementation; and
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† HR 4521 EAS 
(2) submit a report to the Committee on Science, 
Space, and Technology of the House of Representa-
tives and the Committee on Commerce, Science, and 
Transportation of the Senate on the results of such 
study, 
including 
recommendations 
on 
potential 
changes to practices and policies to improve those 
guidelines and that implementation. 
(i) HARASSMENT ON THE BASIS OF PREGNANCY STA-
TUS.—The Director of the Office of Science and Technology 
Policy, in consultation with the Equal Employment Oppor-
tunity Commission, shall develop a definition of ‘‘harass-
ment on the basis of pregnancy status’’ for the purposes of 
carrying out this section. 
SEC. 2522. NATIONAL SCIENCE CORPS. 
(a) PURPOSE.—It is the purpose of this section to ele-
vate the profession of STEM teaching by establishing a Na-
tional Science Corps that identifies outstanding STEM 
teachers in our Nation’s classrooms, rewards them for their 
accomplishments, elevates their public profile, and creates 
rewarding career paths to which all STEM teachers can 
aspire, both to prepare future STEM researchers and to cre-
ate a scientifically literate public. 
(b) DEFINITIONS.—In this section:
487 
† HR 4521 EAS 
(1) 
ADMINISTRATOR.—The 
term 
‘‘Adminis-
trator’’ means the Administrator of the National 
Science Corps. 
(2) ELIGIBLE
APPLICANT.—The term ‘‘eligible 
applicant’’ means a STEM teacher who has not less 
than 2 years of STEM teaching experience and is em-
ployed as a public school classroom instructor on the 
date of selection. 
(3) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
ty’’ means— 
(A) an institution of higher education (as 
defined in section 101(a) of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1001(a)); 
(B) a State educational agency (as defined 
in section 8101 of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 
7801)); 
(C) a local educational agency (as defined 
in section 8101 of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 
7801)); and 
(D) a consortium composed of 1 or more of 
the entities described in subparagraph (A), (B), 
or (C), or all 3, and 1 of the following entities: 
(i) An education nonprofit association.
488 
† HR 4521 EAS 
(ii) A cross sector STEM organization. 
(iii) A private entity, including a 
STEM-related business. 
(4) HIGH-NEED SCHOOL.—The term ‘‘high-need 
school’’ has the meaning given the term in section 
2211(b) of the Elementary and Secondary Education 
Act of 1965 (20 U.S.C. 6631(b)). 
(5) NATIONAL SCIENCE CORPS CENTRAL ENTI-
TY.—The term ‘‘National Science Corps central enti-
ty’’ means an office of the Foundation that— 
(A) operates the National Science Corps in 
accordance with the purposes of this section; 
(B) serves as a national convener to im-
prove STEM instruction, including improving 
the diversity of students participating in STEM 
education and STEM teachers; 
(C) serves as standard-bearer and evaluator 
of regional centers; and 
(D) is headed by the Administrator, who re-
ports to the Director. 
(6) PROFESSIONAL
DEVELOPMENT.—The term 
‘‘professional development’’ has the meaning given the 
term in section 8101 of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 7801).
489 
† HR 4521 EAS 
(7) REGIONAL
CENTER.—The term ‘‘regional 
center’’ means a regional center of the National 
Science Corps. 
(8) STEM.—The term ‘‘STEM’’ means science, 
technology, engineering, and mathematics, including 
computer science. 
(9) STEM
EDUCATION
ADVISORY
BOARD.—The 
term ‘‘STEM Education Advisory Board’’ means the 
Advisory Board for the National Science Corps estab-
lished under subsection (e). 
(c) ESTABLISHMENT OF NATIONAL SCIENCE CORPS.— 
There is established a National Science Corps 5-year pilot 
program to be administered by the Administrator, who shall 
be appointed by the Director, and overseen by the STEM 
Education Advisory Board. 
(d) DUTIES OF THE ADMINISTRATOR.—The Adminis-
trator shall— 
(1) create a process and standards for selection 
of eligible applicants to become members of the Na-
tional Science Corps, including— 
(A) uniform selection criteria that in-
cludes— 
(i) deep knowledge of STEM content 
and pedagogy;
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† HR 4521 EAS 
(ii) a passion for STEM subjects and 
dedication to teaching, evidence of leader-
ship skills, and potential for continued ca-
reer growth as an educator; and 
(iii) demonstrated experience increas-
ing STEM student achievement and STEM 
participation rates for all students, particu-
larly those from rural and high-need 
schools; and 
(B) a uniform selection process, including a 
comprehensive application that includes rec-
ommendations and other relevant professional 
information; 
(2) build an infrastructure to support the func-
tions and operations of the National Science Corps; 
(3) promote the National Science Corps and ele-
vate best practices that emerge from the National 
Science Corps to a national audience; 
(4) evaluate the operation and effectiveness of the 
regional centers; and 
(5) evaluate the overall and long-term impact of 
the National Science Corps by— 
(A) documenting, monitoring, and assessing 
the program outcomes or impact on the STEM 
careers of participants; and
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† HR 4521 EAS 
(B) documenting, monitoring, and assessing 
the program outcomes for the STEM education 
profession nationwide, particularly for rural and 
high-need schools. 
(e) STEM EDUCATION ADVISORY BOARD.— 
(1) ESTABLISHMENT.—There is established a 
STEM Education Advisory Board to oversee the oper-
ations of the National Science Corps for the length of 
the pilot program. 
(2) COMPOSITION.— 
(A) IN
GENERAL.—The members of the 
STEM Education Advisory Board shall comply 
with the following: 
(i) Be appointed by the Director. 
(ii) Include a representative from each 
of the following: 
(I) School leaders. 
(II) STEM researchers. 
(III) STEM education research-
ers. 
(IV) Business leaders. 
(V) Kindergarten through grade 
12 STEM educators. 
(VI) Students pursuing a postsec-
ondary STEM degree.
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† HR 4521 EAS 
(B) STEM
EDUCATION
ADVISORY
COM-
MITTEE IN EXISTENCE.—The Director may as-
sign the duties of the STEM Education Advisory 
Board, described in paragraph (3), to an advi-
sory committee of the Foundation in existence on 
the date of enactment of this division. 
(3) DUTIES OF THE STEM EDUCATION ADVISORY 
BOARD.—In overseeing the operations of the National 
Science Corps, the STEM Education Advisory Board 
shall— 
(A) create a steering committee that is com-
prised of STEM educators and researchers rep-
resenting a variety of STEM fields and rep-
resenting geographic diversity, to help establish 
the National Science Corps in its initial phases; 
and 
(B) provide a direct connection of the Na-
tional Science Corps to the existing research and 
education communities, ensuring that the Na-
tional Science Corps program is consistent with 
the aspirations of both. 
(f) DUTIES OF THE REGIONAL CENTERS.—The Ad-
ministrator shall award not less than 10 and not more than 
20 grants, on a competitive basis, to establish regional cen-
ters at eligible entities. Each regional center shall—
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† HR 4521 EAS 
(1) engage local partners, which may include 
local educational agencies, institutions of higher edu-
cation, STEM organizations, or education nonprofit 
organizations, to— 
(A) develop and serve the community of Na-
tional Science Corps members within the region, 
in coordination local partners to carry out day- 
to-day activities; 
(B) coordinate professional development ac-
tivities, including activities led by National 
Science Corps members; 
(C) connect National Science Corps mem-
bers with existing educator professional develop-
ment programs and coordinate members’ involve-
ment as cooperating teachers or mentors; 
(D) seek opportunities to involve teachers 
who are not members of the National Science 
Corps to participate in National Science Corps 
activities; and 
(E) build partnerships with existing edu-
cation organizations and other efforts by State 
educational agencies and local educational agen-
cies that operate programs relevant to the Na-
tional Science Corps and its activities;
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† HR 4521 EAS 
(2) recruit eligible applicants, with a focus on 
recruiting diverse STEM educators based on race, eth-
nicity, sex, socioeconomic status, age, disability sta-
tus, and language ability; 
(3) screen, interview, and select members of the 
National Science Corps using procedures and stand-
ards provided by the Administrator; 
(4) coordinate the online network that supports 
all National Science Corps members in the region; 
(5) convene occasional meetings of National 
Science Corps members in a region; 
(6) create opportunities for the professional 
growth of National Service Corps members, with a 
focus on increasing STEM student achievement and 
STEM participation rates for all students, particu-
larly those from rural and high-need schools; and 
(7) support the retention and success of National 
Science Corps members in the region. 
(g) DUTIES OF MEMBERS OF THE NATIONAL SCIENCE 
CORPS.—An eligible applicant that is selected by a regional 
center to be a member of the National Science Corps shall— 
(1) serve a 4-year term with a possibility of re-
appointment; 
(2) receive an annual stipend in an amount of 
up to $15,000; and
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(3) have substantial responsibilities, including— 
(A) working with other members of the Na-
tional Science Corps to develop and improve in-
novative teaching practices, including practices 
such as inquiry-based learning; 
(B) participating in professional develop-
ment on innovative teaching methodology and 
mentorship; and 
(C) continuing to excel in teaching the 
member’s own students, with a focus on advanc-
ing equity by spending additional time teaching 
and coaching underserved students to increase 
STEM student achievement and STEM partici-
pation rates for students from rural and high- 
need schools. 
(h) EVALUATIONS.—The Administrator shall evaluate 
the activities of the regional centers every 2 years. 
(i) AUTHORIZATION
OF APPROPRIATIONS.—Out of 
funds authorized under section 2106, there are authorized 
to be appropriated $100,000,000 in fiscal years 2022 
through 2026 to carry out this section. 
SEC. 2523. ANNUAL REPORT ON FOREIGN RESEARCH. 
(a) IN GENERAL.—Not later than 180 days after the 
date of enactment of this division, and not less frequently 
than every 2 years thereafter, the Director shall prepare and
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submit a report to the relevant congressional committees re-
garding the research funding from the National Science 
Foundation provided to foreign entities. 
(b) CONTENTS.—The report submitted under sub-
section (a) shall include the following: 
(1) The total amount of National Science Foun-
dation funds provided to research institutions in for-
eign countries. 
(2) A complete list of projects funded by the Na-
tional Science Foundation provided to foreign enti-
ties, including for each project— 
(A) a complete abstract; 
(B) the previous fiscal year’s funding 
amount; 
(C) whether they have a connection to a for-
eign government and to what extent the connec-
tion exists; 
(D) the names of principal investigators; 
and 
(E) a specific justification for funding the 
research abroad instead of in the United States. 
SEC. 2524. ACCELERATING UNMANNED MARITIME SYSTEMS 
RESEARCH. 
(a) IN GENERAL.—In order to support advances in 
marine science and security at sea, the Director shall issue
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awards, on a competitive basis, to institutions of higher 
education or nonprofit organizations (or consortia of such 
institutions or organizations) to support basic and applied 
research that will accelerate innovation to advance un-
manned maritime systems for the purpose of providing 
greater maritime domain awareness to the Nation. 
(b) PARTNERSHIPS.—In implementing this section, the 
Director shall establish partnerships with other Federal 
agencies, including those established under the Commercial 
Engagement Through Ocean Technology Act of 2018 (Public 
Law 115–394). 
(c) USE OF NSF OCEANOGRAPHIC RESEARCH VES-
SELS.—The Director may leverage the resources and capa-
bilities of the consortium operating the Directorate’s re-
gional class research vessels to complement the research in 
unmanned maritime systems. 
SEC. 
2525. 
FOUNDATION 
FUNDING 
TO 
INSTITUTIONS 
HOSTING OR SUPPORTING CONFUCIUS INSTI-
TUTES. 
(a) DEFINITIONS.—In this section— 
(1) the term ‘‘Confucius Institute’’ means a cul-
tural institute established as a partnership between a 
United States institution of higher education and a 
Chinese institution of higher education to promote 
and teach Chinese language and culture that is fund-
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ed, directly or indirectly, by the Government of the 
People’s Republic of China; and 
(2) the term ‘‘institution of higher education’’ 
has the meaning given the term in section 102 of the 
Higher Education Act of 1965 (20 U.S.C. 1002). 
(b) RESTRICTIONS OF CONFUCIUS INSTITUTES.—Ex-
cept as provided in subsection (d), none of the funds made 
available to the Foundation under this Act, or an amend-
ment made by this Act, may be obligated or expended to 
an institution of higher education that maintains a con-
tract or agreement between the institution and a Confucius 
Institute, unless the Director, after consultation with the 
National Academies of Science, Engineering, and Medicine, 
determines such a waiver is appropriate in accordance with 
subsection (c). 
(c) WAIVER.—The Director, after consultation with the 
National Academies of Science, Engineering, and Medicine, 
may issue a waiver for an institution of higher education 
that maintains a contract or agreement between the institu-
tion and a Confucius Institute if such contract or agreement 
includes clear provisions that— 
(1) protect academic freedom at the institution; 
(2) prohibit the application of any foreign law 
on any campus of the institution;
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(3) grant full managerial authority of the Confu-
cius Institute to the institution, including full control 
over what is being taught, the activities carried out, 
the research grants that are made, and who is em-
ployed at the Confucius Institute; and 
(4) prohibit co-location with the institution’s 
Chinese language, history, and cultural programs and 
require separate promotional materials. 
(d) SPECIAL RULE.— 
(1) IN
GENERAL.—Notwithstanding any other 
provision of this section, this section shall not apply 
to an institution of higher education if that institu-
tion has fulfilled the requirements— 
(A) for a waiver from the Department of 
Defense as described under section 1062 of the 
National Defense Authorization Act for Fiscal 
Year 2021 (Public Law 116–283); or 
(B) under section 6122 with respect to 
funding the provided under the Higher Edu-
cation Act of 1965 (20 U.S.C. 1001 et seq.), ex-
cept funds provided under title IV of such Act. 
(2) EXCEPTION.—Notwithstanding any other 
provision of this section, the prohibition under sub-
section (b) shall not apply to amounts provided to 
students as educational assistance.
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(e) EFFECTIVE DATE.—The limitation under sub-
section (b) shall apply with respect to the first fiscal year 
that begins after the date that is 2 years after the date of 
enactment of this Act and to any subsequent fiscal year sub-
ject to subsection (f). 
(f) SUNSET.—This section shall cease to be effective on 
the date that is 5 years after the date of enactment of this 
Act. 
SEC. 2526. SUPPORTING DOCUMENTS. 
(a) IN GENERAL.— To ensure the security of research 
products developed under this division, the Director shall, 
on an annual basis, request from an institution of higher 
education receiving an award made available by the Na-
tional Science Foundation Technology and Innovation Di-
rectorate under this division— 
(1) final copies of any contracts, agreements, or 
documentation of financial transactions between the 
institution, a foundation of the institution, or related 
entities, and any educational, cultural, or language 
entity that is directly or indirectly funded by the 
Government of the People’s Republic of China; and 
(2) a detailed description of any financial con-
tributions from the Government of the People’s Re-
public of China or its affiliates to the institution, a 
foundation of the institution, or related entities.
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(b) OFFICE OF THE INSPECTOR GENERAL.—The Di-
rector may request an investigation by the Office of the In-
spector General into the research security practices of an 
institution of higher education and, as appropriate, rec-
ommend revocation of funding for relevant grants, in the 
case that— 
(1) an institution of higher education fails to 
provide information requested under subsection (a); 
or 
(2) a review of the information under subsection 
(a) by the Chief of Research Security indicates threats 
to research security. 
SEC. 2527. BASIC RESEARCH. 
(a) NONDISCLOSURE OF MEMBERS OF GRANT REVIEW 
PANEL.—Notwithstanding any other provision of law, each 
agency that awards a Federal research grant shall not dis-
close, either publicly or privately, to an applicant for such 
grant the identity of any member of the grant review panel 
for such applicant. 
(b) PUBLIC ACCESSIBILITY OF RESEARCH FUNDED BY 
TAXPAYERS.— 
(1) DEFINITION OF FEDERAL AGENCY.—In this 
section, the term ‘‘Federal agency’’ means an Execu-
tive agency, as defined under section 105 of title 5, 
United States Code.
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(2) FEDERAL RESEARCH PUBLIC ACCESS POL-
ICY.— 
(A) REQUIREMENT TO DEVELOP POLICY.— 
(i) IN
GENERAL.—Not later than 1 
year after the date of enactment of this sec-
tion, each Federal agency with annual ex-
tramural research expenditures of over 
$100,000,000 shall develop an agency re-
search public access policy that is consistent 
with and advances the purposes of the Fed-
eral agency. 
(ii) COMMON
PROCEDURES.—To the 
extent practicable, Federal agencies required 
to develop a policy under clause (i) shall 
follow common procedures for the collection 
and depositing of research papers. 
(B) CONTENT.—Each Federal research pub-
lic access policy shall provide for— 
(i) submission to a digital repository 
designated or maintained by the Federal 
agency of an electronic version of the au-
thor’s final manuscript of original research 
papers that have been accepted for publica-
tion in peer-reviewed journals and that re-
sult from research supported, in whole or in
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† HR 4521 EAS 
part, from funding by the Federal Govern-
ment; 
(ii) the incorporation of any changes 
resulting from the peer review publication 
process in the manuscript described under 
clause (i); 
(iii) the replacement of the final 
manuscript with the final published version 
if— 
(I) the publisher consents to the 
replacement; and 
(II) the goals of the Federal agen-
cy for functionality and interoper-
ability are retained; 
(iv) free online public access to such 
final peer-reviewed manuscripts or pub-
lished versions within a time period that is 
appropriate for each type of research con-
ducted or sponsored by the Federal agency, 
not later than 12 months after publication 
in peer-reviewed journals, preferably sooner, 
or as adjusted under established mecha-
nisms; 
(v) providing research papers as de-
scribed in clause (iv) in formats and under
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terms that enable productive reuse of the re-
search and computational analysis by state- 
of-the-art technologies; 
(vi) improving the ability of the public 
to locate and access research papers made 
accessible under the Federal research public 
access policy; and 
(vii) long-term preservation of, and 
free public access to, published research 
findings— 
(I) in a stable digital repository 
maintained by the Federal agency; or 
(II) if consistent with the pur-
poses of the Federal agency, in any re-
pository meeting conditions determined 
favorable by the Federal agency, in-
cluding free public access, interoper-
ability, and long-term preservation. 
(C) APPLICATION OF POLICY.—Each Fed-
eral research public access policy shall— 
(i) apply to— 
(I) researchers employed by the 
Federal agency whose works remain in 
the public domain; and
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(II) researchers funded by the 
Federal agency; 
(ii) provide that works described under 
clause (i)(I) shall be— 
(I) marked as being public do-
main material when published; and 
(II) made available at the same 
time such works are made available 
under subparagraph (B)(iv); and 
(iii) make effective use of any law or 
guidance relating to the creation and res-
ervation of a Government license that pro-
vides for the reproduction, publication, re-
lease, or other uses of a final manuscript for 
Federal purposes. 
(D) EXCLUSIONS.—Each Federal research 
public access policy shall not apply to— 
(i) research progress reports presented 
at professional meetings or conferences; 
(ii) laboratory notes, preliminary data 
analyses, notes of the author, phone logs, or 
other information used to produce final 
manuscripts; 
(iii) classified research, research result-
ing in works that generate revenue or royal-
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† HR 4521 EAS 
ties for authors (such as books) or patent-
able discoveries, to the extent necessary to 
protect a copyright or patent; or 
(iv) authors who do not submit their 
work to a journal or works that are rejected 
by journals. 
(3) RULE OF CONSTRUCTION REGARDING PATENT 
OR COPYRIGHT LAW.—Nothing in this section shall be 
construed to affect any right under the provisions of 
title 17 or 35, United States Code. 
(4) GAO REPORT.—Not later than 3 years after 
the date of enactment of this section, and every 5 
years thereafter, the Comptroller General of the 
United States shall submit to Congress a report 
that— 
(A) includes an analysis of the period be-
tween the date on which each applicable paper 
becomes publicly available in a journal and the 
date on which the paper is in the online reposi-
tory of the applicable Federal agency; and 
(B) examines the effectiveness of the Federal 
research public access policy in providing the 
public with free online access to papers on re-
search funded by each Federal agency required to
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† HR 4521 EAS 
develop a policy under paragraph (2)(A), includ-
ing— 
(i) whether the terms of use applicable 
to such research papers in effect are effective 
in enabling productive reuse of the research 
and computational analysis by state-of-the- 
art technologies; and 
(ii) whether such research papers 
should include a royalty-free copyright li-
cense that is available to the public and 
that permits the reuse of those research pa-
pers, on the condition that attribution is 
given to the author or authors of the re-
search and any others designated by the 
copyright owner. 
(5) DOWNSTREAM REPORTING.—Any person or 
institution awarded a grant from a Federal research 
agency shall— 
(A) notify and seek authorization from the 
relevant agency for any funds derived from the 
grant made available through a subgrant or sub-
sequent grant (including to an employee or sub-
division of the grant recipient’s organization); 
and
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(B) ensure that each subgrant or subsequent 
grant award (including to an employee or sub-
division of the grant recipient’s organization) 
funded with funds derived from the Federal 
grant is within the scope of the Federal grant 
award. 
(6) IMPARTIALITY IN FUNDING SCIENTIFIC RE-
SEARCH.—Notwithstanding any other provision of 
law, each Federal agency, in awarding grants for sci-
entific research, shall be impartial and shall not seek 
to advance any political position or fund a grant to 
reach a predetermined conclusion. 
SEC. 2528. FOUNDATION FOR ENERGY SECURITY AND INNO-
VATION. 
(a) DEFINITIONS.—In this section: 
(1) BOARD.—The term ‘‘Board’’ means the 
Board of Directors described in subsection (b)(2)(A). 
(2) DEPARTMENT.—The term ‘‘Department’’ 
means the Department of Energy. 
(3) EXECUTIVE DIRECTOR.—The term ‘‘Execu-
tive Director’’ means the Executive Director described 
in subsection (b)(5)(A). 
(4) 
FOUNDATION.—The 
term 
‘‘Foundation’’ 
means the Foundation for Energy Security and Inno-
vation established under subsection (b)(1).
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† HR 4521 EAS 
(5) INDIVIDUAL LABORATORY-ASSOCIATED FOUN-
DATION.—The term ‘‘Individual Laboratory-Associ-
ated Foundation’’ means a Laboratory Foundation 
established by an operating contractor of a National 
Laboratory. 
(6) NATIONAL
LABORATORY.—The term ‘‘Na-
tional Laboratory’’ has the meaning given the term in 
section 2 of the Energy Policy Act of 2005 (42 U.S.C. 
15801). 
(7) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Energy. 
(b) FOUNDATION FOR ENERGY SECURITY AND INNOVA-
TION.— 
(1) ESTABLISHMENT.— 
(A) IN GENERAL.—Not later than 180 days 
after the date of enactment of this Act, the Sec-
retary shall establish a nonprofit corporation to 
be known as the ‘‘Foundation for Energy Secu-
rity and Innovation’’. 
(B) MISSION.—The mission of the Founda-
tion shall be— 
(i) to support the mission of the De-
partment; and 
(ii) to advance collaboration with en-
ergy researchers, institutions of higher edu-
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† HR 4521 EAS 
cation, industry, and nonprofit and philan-
thropic organizations to accelerate the com-
mercialization of energy technologies. 
(C) LIMITATION.—The Foundation shall not 
be an agency or instrumentality of the Federal 
Government. 
(D) TAX-EXEMPT STATUS.—The Board shall 
take all necessary and appropriate steps to en-
sure that the Foundation is an organization that 
is described in section 501(c) of the Internal 
Revenue Code of 1986 and exempt from taxation 
under section 501(a) of that Code. 
(E) COLLABORATION WITH EXISTING ORGA-
NIZATIONS.—The Secretary may collaborate with 
1 or more organizations to establish the Founda-
tion and carry out the activities of the Founda-
tion. 
(2) BOARD OF DIRECTORS.— 
(A) 
ESTABLISHMENT.—The 
Foundation 
shall be governed by a Board of Directors. 
(B) COMPOSITION.— 
(i) IN GENERAL.—The Board shall be 
composed of the ex officio nonvoting mem-
bers described in clause (ii) and the ap-
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† HR 4521 EAS 
pointed voting members described in clause 
(iii). 
(ii) EX
OFFICIO
MEMBERS.—The ex 
officio members of the Board shall be the fol-
lowing individuals or designees of those in-
dividuals: 
(I) The Secretary. 
(II) The Under Secretary for 
Science and Energy. 
(III) The Under Secretary for Nu-
clear Security. 
(IV) The Chief Commercialization 
Officer. 
(iii) APPOINTED MEMBERS.— 
(I) INITIAL MEMBERS.—The Sec-
retary and the other ex officio members 
of the Board shall— 
(aa) seek to enter into an 
agreement 
with 
the 
National 
Academies of Sciences, Engineer-
ing, and Medicine to develop a 
list of individuals to serve as 
members of the Board who are 
well-qualified and will meet the
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† HR 4521 EAS 
requirements of subclauses (II) 
and (III); and 
(bb) 
appoint 
the 
initial 
members of the Board from that 
list, if applicable, in consultation 
with the National Academies of 
Sciences, Engineering, and Medi-
cine. 
(II) REPRESENTATION.—The ap-
pointed members of the Board shall re-
flect a broad cross-section of stake-
holders from academia, industry, non-
profit organizations, State or local gov-
ernments, the investment community, 
and the philanthropic community. 
(III) 
EXPERIENCE.—The 
Sec-
retary shall ensure that a majority of 
the appointed members of the Board— 
(aa)(AA) has experience in 
the energy sector; 
(BB) has research experience 
in the energy field; or 
(CC) has experience in tech-
nology commercialization or foun-
dation operations; and
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† HR 4521 EAS 
(bb) to the extent practicable, 
represents diverse regions, sectors, 
and communities. 
(C) CHAIR AND VICE CHAIR.— 
(i) IN GENERAL.—The Board shall des-
ignate from among the members of the 
Board— 
(I) an individual to serve as 
Chair of the Board; and 
(II) an individual to serve as Vice 
Chair of the Board. 
(ii) TERMS.—The term of service of the 
Chair and Vice Chair of the Board shall 
end on the earlier of— 
(I) the date that is 3 years after 
the date on which the Chair or Vice 
Chair of the Board, as applicable, is 
designated for the position; and 
(II) the last day of the term of 
service of the member, as determined 
under subparagraph (D)(i), who is des-
ignated to be Chair or Vice Chair of 
the Board, as applicable. 
(iii) REPRESENTATION.—The Chair 
and Vice Chair of the Board—
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† HR 4521 EAS 
(I) shall not be representatives of 
the same area of subject matter exper-
tise, or entity, as applicable, under 
subparagraph (B)(iii)(II); and 
(II) shall not be representatives of 
any area of subject matter expertise, or 
entity, as applicable, represented by 
the immediately preceding Chair and 
Vice Chair of the Board. 
(D) TERMS AND VACANCIES.— 
(i) TERMS.— 
(I) IN
GENERAL.—The term of 
service of each appointed member of 
the Board shall be not more than 5 
years. 
(II) INITIAL
APPOINTED
MEM-
BERS.—Of the initial members of the 
Board appointed under subparagraph 
(B)(iii)(I), half of the members shall 
serve for 4 years and half of the mem-
bers shall serve for 5 years, as deter-
mined by the Chair of the Board. 
(ii) VACANCIES.—Any vacancy in the 
membership of the appointed members of the 
Board—
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† HR 4521 EAS 
(I) shall be filled in accordance 
with the bylaws of the Foundation by 
an individual capable of representing 
the same area or entity, as applicable, 
as represented by the vacating board 
member 
under 
subparagraph 
(B)(iii)(II); 
(II) shall not affect the power of 
the remaining appointed members to 
execute the duties of the Board; and 
(III) shall be filled by an indi-
vidual selected by the Board. 
(E) MEETINGS; QUORUM.— 
(i) INITIAL MEETING.—Not later than 
60 days after the Board is established, the 
Secretary shall convene a meeting of the ex 
officio and appointed members of the Board 
to incorporate the Foundation. 
(ii) QUORUM.—A majority of the ap-
pointed members of the Board shall con-
stitute a quorum for purposes of conducting 
the business of the Board. 
(F) DUTIES.—The Board shall— 
(i) establish bylaws for the Foundation 
in accordance with subparagraph (G);
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† HR 4521 EAS 
(ii) provide overall direction for the ac-
tivities of the Foundation and establish pri-
ority activities; 
(iii) carry out any other necessary ac-
tivities of the Foundation; 
(iv) evaluate the performance of the 
Executive Director; and 
(v) actively solicit and accept funds, 
gifts, grants, devises, or bequests of real or 
personal property to the Foundation, in-
cluding from private entities. 
(G) BYLAWS.— 
(i) IN
GENERAL.—The bylaws estab-
lished under subparagraph (F)(i) may in-
clude— 
(I) policies for the selection of 
Board members, officers, employees, 
agents, and contractors of the Founda-
tion; 
(II) policies, including ethical 
standards, for— 
(aa) the acceptance, solicita-
tion, and disposition of donations 
and grants to the Foundation, in-
cluding appropriate limits on the
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† HR 4521 EAS 
volved in, a governmental agency or 
program. 
(H) COMPENSATION.— 
(i) IN GENERAL.—No member of the 
Board shall receive compensation for serv-
ing on the Board. 
(ii) CERTAIN
EXPENSES.—In accord-
ance with the bylaws of the Foundation, 
members of the Board may be reimbursed 
for travel expenses, including per diem in 
lieu of subsistence, and other necessary ex-
penses incurred in carrying out the duties 
of the Board. 
(3) PURPOSES.—The purposes of the Foundation 
are— 
(A) to support the Department in carrying 
out the mission of the Department to ensure the 
security and prosperity of the United States by 
addressing energy, environmental, and nuclear 
challenges through transformative science and 
technology solutions; and 
(B) to increase private and philanthropic 
sector investments that support efforts to create, 
characterize, develop, test, validate, and deploy 
or commercialize innovative technologies that ad-