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Subtitle 
E—Coastal 
and 
Ocean 
Acidification Research and In-
novation 
SEC. 10641. SHORT TITLE. 
This subtitle may be cited as the ‘‘Coastal and Ocean 
Acidification Research and Innovation Act of 2021’’. 
SEC. 10642. PURPOSES. 
(a) IN GENERAL.—Section 12402(a) of the Federal 
Ocean Acidification Research and Monitoring Act of 2009 
(33 U.S.C. 3701(a)) is amended— 
(1) in paragraph (1)— 
(A) in the matter preceding subparagraph 
(A), by striking ‘‘development and coordination’’ 
and inserting ‘‘development coordination and 
implementation’’; 
(B) in subparagraph (A), by striking 
‘‘acidification on marine organisms’’ and insert-
ing ‘‘acidification and coastal acidification on 
marine organisms’’; and 
(C) in subparagraph (B), by striking ‘‘es-
tablish’’ and all that follows through the semi-
colon and inserting ‘‘maintain and advise an 
interagency research, monitoring, and public 
outreach program on ocean acidification and 
coastal acidification;’’;
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(2) in paragraph (2), by striking ‘‘establish-
ment’’ and inserting ‘‘maintenance’’; 
(3) in paragraph (3), by inserting ‘‘and coastal 
acidification’’ after ‘‘ocean acidification’’; and 
(4) in paragraph (4), by striking ‘‘techniques 
for’’ and all that follows through the period and in-
serting ‘‘mitigating the impacts of ocean and coastal 
acidification and related co-stressors on marine eco-
systems.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENT.—Sec-
tion 12402 of the Federal Ocean Acidification Research and 
Monitoring Act of 2009 (33 U.S.C. 3701(a)) is amended 
by striking ‘‘(a) PURPOSES.—’’. 
SEC. 10643. DEFINITIONS. 
Section 12403 of the Federal Ocean Acidification Re-
search and Monitoring Act of 2009 (33 U.S.C. 3702) is 
amended— 
(1) in paragraph (1), by striking ‘‘of the Earth’s 
oceans’’ and all that follows before the period at the 
end and inserting ‘‘and changes in the water chem-
istry of the Earth’s oceans, coastal estuaries, marine 
waterways, and Great Lakes caused by carbon dioxide 
from the atmosphere and the breakdown of organic 
matter’’;
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(2) in paragraph (3), by striking ‘‘Joint Sub-
committee on Ocean Science and Technology of the 
National Science and Technology Council’’ and in-
serting ‘‘National Science and Technology Council 
Subcommittee on Ocean Science and Technology’’; 
(3) by redesignating paragraphs (1), (2), and (3) 
as paragraphs (2), (3), and (4), respectively; 
(4) by inserting before paragraph (2), as so re-
designated, the following: 
‘‘(1) COASTAL ACIDIFICATION.—The term ‘coast-
al acidification’ means the decrease in pH and 
changes in the water chemistry of coastal oceans, estu-
aries, and Great Lakes from atmospheric pollution, 
freshwater inputs, and excess nutrient run-off from 
land.’’; and 
(5) by adding at the end the following: 
‘‘(5) STATE.—The term ‘State’ means each State 
of the United States, the District of Columbia, the 
Commonwealth of Puerto Rico, American Samoa, 
Guam, the Commonwealth of the Northern Mariana 
Islands, the Virgin Islands of the United States, and 
any other territory or possession of the United 
States.’’.
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SEC. 10644. INTERAGENCY WORKING GROUP. 
Section 12404 of the Federal Ocean Acidification Re-
search and Monitoring Act of 2009 (33 U.S.C. 3703) is 
amended— 
(1) 
in 
the 
heading, 
by 
striking 
‘‘SUB-
COMMITTEE’’ and inserting ‘‘WORKING GROUP’’; 
(2) in subsection (a)— 
(A) in paragraph (1), by striking ‘‘Joint 
Subcommittee on Ocean Science and Technology 
of the National Science and Technology Council 
shall coordinate Federal activities on ocean 
acidification and establish’’ and insert ‘‘Sub-
committee shall coordinate Federal activities on 
ocean and coastal acidification and establish and 
maintain’’; 
(B) in paragraph (2), by striking ‘‘Wildlife 
Service,’’ and inserting ‘‘Wildlife Service, the 
Bureau of Ocean Energy Management, the Envi-
ronmental Protection Agency, the Department of 
Agriculture, the Department of State, the De-
partment of Energy, the Department of the 
Navy, the National Park Service, the Bureau of 
Indian Affairs, the National Institute of Stand-
ards and Technology, the Smithsonian Institu-
tion,’’; and
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(C) in paragraph (3), in the heading, by 
striking ‘‘CHAIRMAN’’ and inserting ‘‘CHAIR’’; 
(3) in subsection (b)— 
(A) in paragraph (2)— 
(i) in subparagraph (A), by inserting 
‘‘and coastal acidification’’ after ‘‘ocean 
acidification’’; and 
(ii) in subparagraph (B), by inserting 
‘‘and coastal acidification’’ after ‘‘ocean 
acidification’’; 
(B) in paragraph (4), by striking ‘‘; and’’ 
and inserting a semicolon; and 
(C) in paragraph (5)— 
(i) by inserting ‘‘, and contribute to as 
appropriate,’’ after ‘‘designate’’; 
(ii) by striking ‘‘developed’’ and insert-
ing ‘‘and coastal acidification developed’’; 
and 
(iii) by striking the period at the end 
and inserting ‘‘and coastal acidification; 
and’’. 
(4) in subsection (c)— 
(A) in paragraph (2)— 
(i) by inserting ‘‘until 2032’’ after 
‘‘every 2 years thereafter’’;
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(ii) by inserting ‘‘, and to the Office of 
Management and Budget,’’ after ‘‘House of 
Representatives’’; and 
(iii) in subparagraph (B), by striking 
‘‘the interagency research’’ and inserting 
‘‘interagency strategic research’’; 
(B) in paragraph (3), by inserting ‘‘until 
2031’’ after ‘‘at least once every 5 years’’; and 
(C) in paragraph (4), by inserting ‘‘until 
2032’’ after ‘‘and every 6 years thereafter’’; 
(5) by redesignating subsection (c) as subsection 
(e); and 
(6) by inserting after subsection (b) the fol-
lowing: 
‘‘(c) ADVISORY BOARD.— 
‘‘(1) ESTABLISHMENT.—The Chair of the Sub-
committee shall establish an Ocean Acidification Ad-
visory Board. 
‘‘(2) DUTIES.—The Advisory Board shall— 
‘‘(A) maintain a process for reviewing and 
making recommendations to the Subcommittee 
on— 
‘‘(i) the biennial report specified in 
subsection (d)(2); and
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‘‘(D) Three representatives from academia, 
including both natural and social sciences. 
‘‘(E) One representative of recreational fish-
ing. 
‘‘(F) One representative of a relevant non-
governmental organization. 
‘‘(G) Six representatives from relevant State 
and local governments with policy or regulatory 
authorities related to ocean acidification and 
coastal acidification. 
‘‘(H) One representative from the Alaska 
Ocean Acidification Network or a subsequent en-
tity that represents the same geographical region 
and has a similar purpose. 
‘‘(I) One representative from the California 
Current Acidification Network or a subsequent 
entity that represents the same geographical re-
gion and has a similar purpose. 
‘‘(J) One representative from the Northeast 
Coastal Acidification Network or a subsequent 
entity that represents the same geographical re-
gion and has a similar purpose. 
‘‘(K) One representative from the Southeast 
Coastal Acidification Network or a subsequent
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entity that represents the same geographical re-
gion and has a similar purpose. 
‘‘(L) One representative from the Gulf of 
Mexico Coastal Acidification Network or a subse-
quent entity that represents the same geo-
graphical region and has a similar purpose. 
‘‘(M) One representative from the Mid-At-
lantic Coastal Acidification Network or a subse-
quent entity that represents the same geo-
graphical region and has a similar purpose. 
‘‘(N) One representative from the Pacific Is-
lands Ocean Observing System or a subsequent 
entity that represents the island territories and 
possessions of the United States in the Pacific 
Ocean, and the State of Hawaii and has a simi-
lar purpose. 
‘‘(O) One representative from the Caribbean 
Regional Association for Coastal Ocean Observ-
ing or a subsequent entity that represents Puerto 
Rico and the United States Virgin Islands and 
has a similar purpose. 
‘‘(P) One representative from the National 
Oceanic and Atmospheric Administration Olym-
pic Coast Ocean Acidification Sentinel Site or a
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subsequent entity that represents the same geo-
graphical representation. 
‘‘(Q) One representative from the National 
Oceanic and Atmospheric Administration shall 
serve as an ex-officio member of the Advisory 
Board without a vote. 
‘‘(4) APPOINTMENT OF MEMBERS.—The Chair of 
the Subcommittee shall— 
‘‘(A) appoint members to the Advisory 
Board (taking into account the geographical in-
terests of each individual to be appointed as a 
member of the Advisory Board to ensure that an 
appropriate balance of geographical interests are 
represented by the members of the Advisory 
Board) who— 
‘‘(i) represent the interest group for 
which each seat is designated; 
‘‘(ii) demonstrate expertise on ocean 
acidification or coastal acidification and its 
scientific, economic, industry, cultural, and 
community impacts; and 
‘‘(iii) have a record of distinguished 
service with respect to ocean acidification or 
coastal acidification, and such impacts;
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‘‘(B) give consideration to nominations and 
recommendations from the members of the inter-
agency working group and the public for such 
appointments; and 
‘‘(C) ensure that an appropriate balance of 
scientific, industry, State and local resource 
managers, and geographical interests are rep-
resented by the members of the Advisory Board. 
‘‘(5) TERM OF MEMBERSHIP.—Each member of 
the Advisory Board— 
‘‘(A) shall be appointed for a 5-year term; 
and 
‘‘(B) may be appointed to no more than two 
terms. 
‘‘(6) CHAIR.—The Chair of the Subcommittee 
shall appoint one member of the Advisory Board to 
serve as the Chair of the Advisory Board. 
‘‘(7) MEETINGS.—Not less than once each cal-
endar year, the Advisory Board shall meet at such 
times and places as may be designated by the Chair 
of the Advisory Board, in consultation with the Chair 
of the Subcommittee and the Chair of the interagency 
working group. 
‘‘(8) BRIEFING.—The Chair of the Advisory 
Board shall brief the Subcommittee and the inter-
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† HR 4346 EAS2 
agency working group on the progress of the Advisory 
Board as necessary or at the request of the Sub-
committee. 
‘‘(9) TRIBAL
GOVERNMENT
ENGAGEMENT
AND 
COORDINATION.— 
‘‘(A) IN
GENERAL.—The Advisory Board 
shall maintain mechanisms for coordination, 
and engagement with Tribal governments. 
‘‘(i) RULE OF CONSTRUCTION.—Nothing in 
subparagraph (A) may be construed as affecting 
any requirement to consult with Indian Tribes 
under Executive Order 13175 (25 U.S.C. 5301 
note; relating to consultation and coordination 
with Tribal governments) or any other applica-
ble law or policy. 
‘‘(10) FEDERAL
ADVISORY
COMMITTEE
ACT.— 
Section 14 of the Federal Advisory Committee Act 
shall not apply to the Advisory Board for 10 years 
from the date of enactment of this Act. 
‘‘(d) PRIZE COMPETITIONS.— 
‘‘(1) IN GENERAL.—Any Federal agency with a 
representative serving on the interagency working 
group established under this section may, either indi-
vidually or in cooperation with one or more agencies, 
carry out a program to award prizes competitively
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under section 24 of the Stevenson-Wydler Technology 
Innovation Act of 1980 (15 U.S.C. 3719). An agency 
seeking to carry out such a program shall carry out 
such program in coordination with the chair of such 
interagency working group. 
‘‘(2) PURPOSES.—Any prize competition carried 
out under this subsection shall be for the purpose of 
stimulating innovation to advance our Nation’s abil-
ity to understand, research, or monitor ocean acidifi-
cation or its impacts, or to develop management or 
adaptation options for responding to ocean and coast-
al acidification. 
‘‘(3) PRIORITY
PROGRAMS.—Priority shall be 
given to establishing programs under this section that 
address communities, environments, or industries that 
are in distress due to the impacts of ocean and coastal 
acidification.’’. 
SEC. 10645. STRATEGIC RESEARCH PLAN. 
Section 12405 of the Federal Ocean Acidification Re-
search and Monitoring Act of 2009 (33 U.S.C. 3704) is 
amended— 
(1) in subsection (a)— 
(A) by striking ‘‘acidification’’ each place it 
appears and inserting ‘‘acidification and coastal 
acidification’’;
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† HR 4346 EAS2 
(B) in the first sentence— 
(i) by inserting ‘‘, and not later than 
every 5 years following the publication of 
each subsequent strategic research plan 
until 2035’’ after ‘‘the date of enactment of 
this Act’’; 
(ii) by inserting ‘‘address the socio-
economic impacts of ocean acidification and 
coastal acidification and to’’ after ‘‘mitiga-
tion strategies to’’; and 
(iii) by striking ‘‘marine ecosystems’’ 
each place it appears and inserting ‘‘eco-
systems’’; and 
(C) in the second sentence, by striking ‘‘Na-
tional Academy of Sciences in the review of the 
plan required under subsection (d)’’, and insert-
ing ‘‘Advisory Board established in section 
12404(c)’’; 
(2) in subsection (b)— 
(A) in paragraph (1), by inserting ‘‘and so-
cial sciences’’ after ‘‘among the ocean sciences’’; 
(B) in paragraph (2)— 
(i) in subparagraph (B)—
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(I) by striking ‘‘improve the abil-
ity to assess the’’ and inserting ‘‘assess 
the short-term and long-term’’; and 
(II) by striking ‘‘; and’’ at the end 
and inserting a semicolon; 
(ii) by amending subparagraph (C) to 
read as follows: 
‘‘(C) provide information for the develop-
ment of adaptation and mitigation strategies to 
address— 
‘‘(i) socioeconomic impacts of ocean 
acidification and coastal acidification; 
‘‘(ii) conservation of marine organisms 
and ecosystems; 
‘‘(iii) assessment of the effectiveness of 
such adaptation and mitigation strategies; 
and’’; and 
(iii) by adding at the end the following 
new subparagraph: 
‘‘(D) improve research on— 
‘‘(i) ocean acidification and coastal 
acidification; 
‘‘(ii) the interactions between and ef-
fects of ocean and coastal acidification and 
multiple 
combined 
stressors 
including
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changes in water chemistry, changes in 
sediment delivery, hypoxia, and harmful 
algal blooms, on ocean acidification and 
coastal acidification; and 
‘‘(iii) the effect or effects of clauses (i) 
and (ii) on marine resources and eco-
systems;’’; 
(C) in paragraph (3)— 
(i) in subparagraph (F), by striking 
‘‘database 
development’’ 
and 
inserting 
‘‘data management’’; 
(ii) in subparagraph (H) by striking 
‘‘and’’ at the end; and 
(iii) by adding at the end the following 
new subparagraphs: 
‘‘(J) assessment of adaptation and mitiga-
tion strategies; and 
‘‘(K) education and outreach activities;’’; 
(D) in paragraph (4), by striking ‘‘set 
forth’’ and inserting ‘‘ensure an appropriate bal-
ance of contribution in establishing’’; 
(E) in paragraph (5), by striking ‘‘reports’’ 
and inserting ‘‘the best available peer-reviewed 
scientific reports’’; 
(F) in paragraph (6)—
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(i) by inserting ‘‘and coastal acidifica-
tion’’ after ‘‘ocean acidification’’; and 
(ii) by striking ‘‘of the United States’’ 
and inserting ‘‘within the United States’’; 
(G) in paragraph (8)— 
(i) by inserting ‘‘and coastal acidifica-
tion’’ after ‘‘ocean acidification’’ each place 
it appears; 
(ii) by striking ‘‘its’’ and inserting 
‘‘their’’; and 
(iii) by striking ‘‘; and’’ at the end 
and inserting a semicolon; 
(H) in paragraph (9), by striking ‘‘and’’ at 
the end 
(I) in paragraph (10), by striking the pe-
riod at the end and inserting a semicolon; and 
(J) by adding at the end the following: 
‘‘(11) describe monitoring needs necessary to 
support potentially affected industry members, coastal 
stakeholders, fishery management councils and com-
missions, Tribal governments, non-Federal resource 
managers, and scientific experts on decision-making 
and adaptation related to ocean acidification and 
coastal acidification; and
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‘‘(12) describe the extent to which the Sub-
committee incorporated feedback from the Advisory 
Board established in section 12404(c).’’; 
(3) in subsection (c)— 
(A) in paragraph (1)(C), by striking ‘‘sur-
face’’; 
(B) in paragraph (2), by inserting ‘‘and 
coastal acidification’’ after ‘‘ocean acidification’’ 
each place it appears; 
(C) in paragraph (3)— 
(i) by striking ‘‘input, and’’ and in-
serting ‘‘inputs,’’; 
(ii) by inserting ‘‘, marine food webs,’’ 
after ‘‘marine ecosystems’’; and 
(iii) by inserting ‘‘, and modeling that 
supports fisheries management’’ after ‘‘ma-
rine organisms’’; 
(D) in paragraph (5), by inserting ‘‘and 
coastal acidification’’ after ‘‘ocean acidification’’; 
and 
(E) by adding at the end the following new 
paragraph: 
‘‘(8) Research to understand related and cumu-
lative stressors and other biogeochemical processes oc-
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curring in conjunction with ocean acidification and 
coastal acidification.’’; and 
(4) by striking subsections (d) and (e) and in-
serting the following: 
‘‘(d) PUBLICATION.—Concurrent with the submission 
of the plan to Congress, the Subcommittee shall publish the 
plan on a public website.’’. 
SEC. 10646. NOAA OCEAN ACIDIFICATION ACTIVITIES. 
Section 12406 of the Federal Ocean Acidification Re-
search and Monitoring Act of 2009 (33 U.S.C. 3705) is 
amended— 
(1) in subsection (a)— 
(A) in the matter preceding paragraph (1), 
by inserting ‘‘coordination,’’ after ‘‘research, 
monitoring,’’; 
(B) in paragraph (1)— 
(i) in subparagraph (B), by inserting 
‘‘including leveraging, as appropriate, the 
Integrated Ocean Observing System and the 
ocean observing assets of other Federal, 
State, and Tribal agencies,’’ after ‘‘ocean 
observing assets,’’; 
(ii) by redesignating subparagraphs 
(C), (D), (E), and (F) as subparagraphs 
(E), (G), (H), and (I), respectively;
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(iii) by inserting after subparagraph 
(B) the following new subparagraphs: 
‘‘(C) prioritization of the location of moni-
toring instruments, assets, and projects to maxi-
mize the efficiency of resources and agency and 
department missions; 
‘‘(D) an optimization of understanding of 
socioeconomic impacts and ecosystem health’’. 
(iv) in subparagraph (E), as so redes-
ignated, by striking ‘‘adaptation’’ and in-
serting ‘‘adaptation and mitigation’’; 
(v) by inserting after subparagraph 
(E), as so redesignated, the following new 
subparagraph: 
‘‘(F) 
technical 
assistance 
to 
socioeconomically vulnerable States, local govern-
ments, Tribal governments, communities, and in-
dustries impacted by ocean and coastal acidifica-
tion to support their development of ocean and 
coastal acidification mitigation strategies;’’. 
(vi) in subparagraph (H), as so redes-
ignated— 
(I) by striking ‘‘its impacts’’ and 
inserting ‘‘their respective impacts’’; 
(II) by striking ‘‘and’’ at the end;
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† HR 4346 EAS2 
(vii) in subparagraph (I), as so redes-
ignated— 
(I) by striking ‘‘monitoring and 
impacts research’’ and inserting ‘‘re-
search, monitoring, and adaptation 
and mitigation strategies’’; and 
(II) by striking the period at the 
end and inserting a semicolon; and 
(viii) by adding at the end the fol-
lowing new subparagraphs: 
‘‘(J) research to improve understanding 
of— 
‘‘(i) the impact of ocean acidification 
and coastal acidification; and 
‘‘(ii) 
how 
multiple 
environmental 
stressors may contribute to and exacerbate 
ocean and coastal acidification on living 
marine resources and coastal ecosystems; 
and 
‘‘(K) research to support the development of 
adaptation and mitigation strategies to address 
the socioeconomic impacts of ocean and coastal 
acidification on coastal communities;’’; 
(C) in paragraph (2), by striking ‘‘critical 
research projects that explore’’ and inserting
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‘‘critical research, education, and outreach 
projects that explore and communicate’’; and 
(D) in paragraphs (1) and (2), by striking 
‘‘acidification’’ each place it appears and insert-
ing ‘‘acidification and coastal acidification’’; 
and 
(2) by adding at the end the following new sub-
sections: 
‘‘(c) RELATIONSHIP
TO
INTERAGENCY
WORKING 
GROUP.—The National Oceanic and Atmospheric Adminis-
tration shall serve as the lead Federal agency responsible 
for coordinating the Federal response to ocean and coastal 
acidification. The Administration may enter into Memo-
randa of Understanding to— 
‘‘(1) coordinate monitoring and research efforts 
among Federal agencies in cooperation with State, 
local, and Tribal governments and international 
partners; this may include analysis and synthesis of 
the results of monitoring and research; 
‘‘(2) maintain an Ocean Acidification Informa-
tion Exchange described under section 12404(b)(5) to 
allow for information to be electronically accessible, 
including information—
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† HR 4346 EAS2 
‘‘(A) 
on 
ocean 
acidification 
developed 
through or used by the ocean acidification pro-
gram described under subsection (a); or 
‘‘(B) that would be useful to State govern-
ments, local governments, Tribal governments, 
resource managers, policymakers, researchers, 
and other stakeholders in mitigating or adapting 
to the impacts of ocean acidification and coastal 
acidification; and 
‘‘(3) establishing and maintaining the data ar-
chive system under subsection (d). 
‘‘(d) DATA ARCHIVE SYSTEM.— 
‘‘(1) IN GENERAL.—The Secretary, in coordina-
tion with the members of the interagency working 
group, shall support the long-term stewardship of, 
and access to, data relating to ocean and coastal 
acidification through providing the data on a pub-
licly accessible data archive system. To the extent pos-
sible, this data archive system shall collect and pro-
vide access to ocean and coastal acidification data— 
‘‘(A) from relevant federally funded re-
search; 
‘‘(B) provided by a Federal, State, or local 
government, academic scientist, citizen scientist, 
or industry organization;
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† HR 4346 EAS2 
‘‘(C) voluntarily submitted by Tribes or 
Tribal governments; and 
‘‘(D) from existing global or national data 
assets that are currently maintained within Fed-
eral agencies. 
‘‘(2) DATA STANDARDS.—The Secretary to, the 
extent possible, shall ensure all such data adheres to 
data and metadata standards to support the public 
findability, 
accessibility, 
interoperability, 
and 
reusability of such data.’’. 
SEC. 10647. NSF OCEAN ACIDIFICATION ACTIVITIES. 
Section 12407 of the Federal Ocean Acidification Re-
search and Monitoring Act of 2009 (33 U.S.C. 3706) is 
amended— 
(1) by striking ‘‘ocean acidification’’ each place 
it appears and inserting ‘‘ocean acidification and 
coastal acidification’’; 
(2) in subsection (a)— 
(A) in the matter preceding paragraph (1), 
by striking ‘‘its impacts’’ and inserting ‘‘their 
respective impacts’’; 
(B) in paragraph (3), by striking ‘‘and its 
impacts’’ and inserting ‘‘and their respective im-
pacts’’;
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† HR 4346 EAS2 
(C) in paragraph (4), by striking the period 
at the end and inserting ‘‘; and’’; and 
(D) by adding at the end the following new 
paragraph: 
‘‘(5) adaptation and mitigation strategies to ad-
dress socioeconomic effects of ocean acidification and 
coastal acidification.’’; and 
(3) by adding at the end the following: 
‘‘(d) REQUIREMENT.—Recipients of grants from the 
National Science Foundation under this subtitle that collect 
data described under section 12406(d) shall— 
‘‘(1) collect data in accordance with the stand-
ards, protocols, or procedures established pursuant to 
section 12406(d); and 
‘‘(2) submit such data to the Director and the 
Secretary after publication, in accordance with any 
rules promulgated by the Director or the Secretary.’’. 
SEC. 10648. NASA OCEAN ACIDIFICATION ACTIVITIES. 
Section 12408 of the Federal Ocean Acidification Re-
search and Monitoring Act of 2009 (33 U.S.C. 3707) is 
amended— 
(1) by striking ‘‘ocean acidification’’ each place 
it appears and inserting ‘‘ocean acidification and 
coastal acidification’’;
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† HR 4346 EAS2 
(2) in subsection (a), by striking ‘‘its impacts’’ 
and inserting ‘‘their respective impacts’’; and 
(3) by adding at the end the following new sub-
section: 
‘‘(d) REQUIREMENT.—Researchers from the National 
Aeronautics and Space Administration under this subtitle 
that collect data described under section 12406(d) shall— 
‘‘(1) collect such data in accordance with the 
standards, protocols, or procedures established pursu-
ant to section 12406(d); and 
‘‘(2) submit such data to the Administrator and 
the Secretary, in accordance with any rules promul-
gated by the Administrator or the Secretary.’’. 
SEC. 10649. AUTHORIZATION OF APPROPRIATIONS. 
Section 12409 of the Federal Ocean Acidification Re-
search and Monitoring Act of 2009 (33 U.S.C. 3708) is 
amended— 
(1) in subsection (a), by striking ‘‘subtitle—’’ 
and all that follows through paragraph (4) and in-
serting the following: ‘‘subtitle— 
‘‘(1) $20,500,000 for fiscal year 2023; 
‘‘(2) $22,000,000 for fiscal year 2024; 
‘‘(3) $24,000,000 for fiscal year 2025; 
‘‘(4) $26,000,000 for fiscal year 2026; and 
‘‘(5) $28,000,000 for fiscal year 2027.’’; and
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(2) in subsection (b), by striking ‘‘subtitle—’’ 
and all that follows through paragraph (4) and in-
serting the following: ‘‘subtitle, $20,000,000 for each 
of the fiscal years 2023 through 2027.’’. 
Subtitle F—Interagency Working 
Group 
SEC. 10651. INTERAGENCY WORKING GROUP. 
(a) ESTABLISHMENT.—The Director of the Office of 
Science and Technology Policy, acting through the National 
Science and Technology Council, shall establish or designate 
an interagency working group to coordinate the activities 
specified in subsection (c). 
(b) COMPOSITION.—The interagency working group 
shall be composed of the following members (or their des-
ignees), who may be organized into subcommittees, as ap-
propriate: 
(1) The Secretary of Commerce. 
(2) The Director of the National Science Foun-
dation. 
(3) The Secretary of Energy. 
(4) The Secretary of Defense. 
(5) The Director of the National Economic 
Council. 
(6) The Director of the Office of Management 
and Budget.
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(7) The Secretary of Health and Human Serv-
ices. 
(8) The Administrator of the National Aero-
nautics and Space Administration. 
(9) The Secretary of Agriculture. 
(10) The Director of National Intelligence. 
(11) The Director of the Federal Bureau of In-
vestigation. 
(12) Such other Federal officials as the Director 
of the Office of Science and Technology Policy con-
siders appropriate, including members of the National 
Science and Technology Council Committee on Tech-
nology. 
(c) COORDINATION.—The interagency working group 
shall seek to ensure that the activities of different Federal 
agencies enhance and complement, but, as appropriate, do 
not duplicate, efforts being carried out by another Federal 
agency, with a focus on the following: 
(1) The activities of the National Science Foun-
dation Technology, Innovation, and Partnerships Di-
rectorate in the key technology focus areas, such as 
within the Regional Innovation Engines under sec-
tion 10388 and test beds under section 10390. 
(2) The activities of the Department of Com-
merce under this division, including regional tech-
833 
† HR 4346 EAS2 
nology hubs under section 28 of the Stevenson-Wydler 
Act of 1980 (15 U.S.C. 13701 et seq.), as added by 
section 10621, the Manufacturing USA Program es-
tablished under section 34(b)(1) of the National Insti-
tute of Standards and Technology Act (15 U.S.C. 
278s(b)(1)), and the Hollings Manufacturing Exten-
sion Partnership (15 U.S.C. 278k). 
(3) The activities of the Department of Energy 
in the key technology focus areas, including at the na-
tional laboratories, and at Federal laboratories, as de-
fined in section 4 of the Stevenson-Wydler Technology 
Innovation Act of 1980 (15 U.S.C. 3703), and facili-
ties and user facilities operated in partnership with 
such national laboratories or the Department of En-
ergy. 
(4) Any other program that the Director of the 
Office of Science and Technology Policy determines 
involves research and development with respect to the 
key technology focus areas. 
(d) REPORT.—The interagency working group shall— 
(1) by not later than 180 days after the date of 
enactment of this division— 
(A) conduct an initial review of Federal 
programs and resources with respect to the key
834 
† HR 4346 EAS2 
technology focus areas identified pursuant to sec-
tion 10387(a)(2), in order to— 
(i) assess current level of efforts and 
characterize existing research infrastructure, 
as of the date of the review; 
(ii) identify potential areas of overlap 
or duplication with respect to the key tech-
nology focus areas; and 
(iii) identify potential cross-agency 
collaborations and joint funding opportuni-
ties; and 
(B) submit a report regarding the review 
described in subparagraph (A) to Congress; and 
(C) seek stakeholder input and recommenda-
tions in the course of such review; and 
(2) shall carry out the annual reviews and up-
dates required under section 10387(e). 
(e) CONFLICTS.—If any conflicts between Federal 
agencies arise while carrying out the activities under this 
section, the President shall make the final decision regard-
ing resolution of the conflict.
835 
† HR 4346 EAS2 
Subtitle G—Quantum Networking 
and Communications 
SEC. 10661. QUANTUM NETWORKING AND COMMUNICA-
TIONS. 
(a) DEFINITIONS.—In this section: 
(1) DIRECTOR.—The term ‘‘Director’’ means the 
Director of the National Science Foundation. 
(2) APPROPRIATE COMMITTEES OF CONGRESS.— 
The term ‘‘appropriate committees of Congress’’ has 
the meaning given such term in section 2 of the Na-
tional Quantum Initiative Act (15 U.S.C. 8801). 
(3) Q2WORK
PROGRAM.—The term ‘‘Q2Work 
Program’’ means the Q2Work Program supported by 
the Foundation. 
(b) QUANTUM NETWORKING WORKING GROUP REPORT 
ON QUANTUM NETWORKING AND COMMUNICATIONS.— 
(1) REPORT.—Section 103 of the National 
Quantum Initiative Act (15 U.S.C. 8813) is amended 
by adding the following at the end the following new 
subsection: 
‘‘(h) REPORT ON QUANTUM NETWORKING AND COMMU-
NICATIONS.— 
‘‘(1) IN GENERAL.—Not later than January 1, 
2026, the Quantum Networking Working Group with-
in the Subcommittee on Quantum Information
836 
† HR 4346 EAS2 
Science of the National Science and Technology Coun-
cil, in coordination with the Subcommittee on the 
Economic and Security Implications of Quantum In-
formation Science, shall submit to the appropriate 
committees of Congress a report detailing a plan for 
the advancement of quantum networking and commu-
nications technology in the United States, building on 
the report entitled A Strategic Vision for America’s 
Quantum Networks and A Coordinated Approach for 
Quantum Networking Research. 
‘‘(2) REQUIREMENTS.—The report under para-
graph (1) shall include the following: 
‘‘(A) An update to the report entitled Co-
ordinated Approach to Quantum Networking Re-
search Report focusing on a framework for inter-
agency collaboration regarding the advancement 
of quantum networking and communications re-
search. 
‘‘(B) A plan for Federal Government part-
nership with the private sector and interagency 
collaboration regarding engagement in inter-
national standards for quantum networking and 
communications technology, including a list of 
Federal priorities for standards relating to such 
networking and technology.
837 
† HR 4346 EAS2 
‘‘(C) A proposal for the protection of na-
tional security interests relating to the advance-
ment of quantum networking and communica-
tions technology. 
‘‘(D) An assessment of the relative position 
of the United States with respect to other coun-
tries in the global race to develop, demonstrate, 
and utilize quantum networking and commu-
nications technology. 
‘‘(E) Recommendations to Congress for leg-
islative action relating to the matters considered 
under subparagraphs (A), (B), (C), and (D). 
‘‘(F) Such other matters as the Quantum 
Network Working Group considers necessary to 
advance the security of communications and net-
work infrastructure, remain at the forefront of 
scientific discovery in the quantum information 
science domain, and transition quantum infor-
mation science research into the emerging quan-
tum technology economy.’’. 
(c) QUANTUM NETWORKING
AND COMMUNICATIONS 
RESEARCH AND STANDARDIZATION.— 
(1) RESEARCH.—Subsection (a) of section 201 of 
the National Quantum Initiative Act (15 U.S.C. 
8831) is amended by—
838 
† HR 4346 EAS2 
(A) redesignating paragraphs (3) and (4) 
as paragraphs (6) and (7), respectively; and 
(B) inserting after paragraph (2) the fol-
lowing new paragraphs: 
‘‘(3) shall carry out research to facilitate the de-
velopment and standardization of quantum cryptog-
raphy and post-quantum classical cryptography; 
‘‘(4) shall carry out research to facilitate the de-
velopment and standardization of quantum net-
working, communications, and sensing technologies 
and applications; 
‘‘(5) for quantum technologies determined by the 
Director of the National Institute of Standards and 
Technology to be at a readiness level sufficient for 
standardization, shall provide technical review and 
assistance to such other Federal agencies as the Direc-
tor considers appropriate for the development of 
quantum networking infrastructure standards;’’. 
(2) AUTHORIZATION
OF
APPROPRIATIONS.— 
There is authorized to be appropriated to the Sci-
entific and Technical Research and Services account 
of the National Institute of Standards and Technology 
to carry out paragraphs (3) through (5) of subsection 
(a) of section 201 of the National Quantum Initiative 
Act (as inserted pursuant to the amendments made by
839 
† HR 4346 EAS2 
paragraph (1) of this subsection) $15,000,000 for each 
of fiscal years 2023 through 2027. 
(d) QUANTUM INFORMATION SCIENCE WORKFORCE 
EVALUATION AND ACCELERATION.— 
(1) IN GENERAL.—Not later than 180 days after 
the date of the enactment of this Act, the Director 
shall enter into an agreement with the National Acad-
emies of Sciences, Engineering, and Medicine to con-
duct a study to evaluate and make recommendations 
for the quantum information science workforce. The 
study shall— 
(A) characterize the quantum information 
science workforce, including by— 
(i) describing what constitutes a quan-
tum information science qualified worker 
across sectors, including academia, the Fed-
eral Government, and industry; and 
(ii) describing the size and makeup of 
the quantum information science workforce, 
including an assessment of current and fu-
ture trends; 
(B) identify near- and long-term quantum 
information science workforce needs across gov-
ernment, academia, and industry sectors, includ-
840 
† HR 4346 EAS2 
ing identifying the cross-disciplinary academic 
degrees or academic courses necessary to— 
(i) prepare students for multiple career 
pathways in quantum information sciences 
and related fields; 
(ii) ensure the United States is com-
petitive in the field of quantum information 
science while preserving national security; 
and 
(iii) support the development of quan-
tum applications; 
(C) assess the state of quantum information 
science education and skills training at all edu-
cation levels and identify gaps in meeting cur-
rent and future workforce needs, including with 
respect to— 
(i) elementary, middle, and high-school 
student access to foundational courses, age- 
appropriate quantum concepts, and hands- 
on learning opportunities; 
(ii) elementary, middle, and high- 
school teacher professional development and 
access to resources, materials, lesson plans, 
modules, and curricula;
841 
† HR 4346 EAS2 
(iii) career pivot and skills training 
opportunities, including professional certifi-
cates and internships; and 
(iv) higher education curricula, labora-
tory experiences in academia, the Federal 
Government, and industry settings, and 
cross-discipline degree programs aligned 
with workforce needs; and 
(D) make recommendations for developing a 
diverse, flexible, and sustainable quantum infor-
mation science workforce that meets the evolving 
needs of academia, the Federal Government, and 
industry. 
(2) REPORT.—Not later than two years after the 
date of the enactment of this Act, the National Acad-
emies of Science, Engineering, and Medicine shall 
submit to Congress and the Director a report con-
taining the results of the study conducted pursuant to 
paragraph (1). 
(e) 
INCORPORATING
QISE 
INTO
STEM 
CUR-
RICULUM.— 
(1) IN GENERAL.—Section 301 of the National 
Quantum Initiative Act (15 U.S.C. 8841) is amended 
by adding the following at the end:
842 
† HR 4346 EAS2 
‘‘(d) INCORPORATING
QISE INTO
STEM CUR-
RICULUM.— 
‘‘(1) IN GENERAL.—The Director of the National 
Science Foundation shall, through programs carried 
out or supported by the National Science Foundation, 
seek to increase the integration of quantum informa-
tion science and engineering (referred to in this sub-
section as ‘QISE’) into the STEM curriculum at all 
education levels, including community colleges, as 
considered appropriate by the Director. 
‘‘(2) 
CURRICULUM
INTEGRATION.—The 
cur-
riculum integration under paragraph (1) may in-
clude the following: 
‘‘(A) Methods to conceptualize QISE for ele-
mentary, middle, and high school curricula. 
‘‘(B) 
Methods 
for 
strengthening 
foundational mathematics and science curricula. 
‘‘(C) Methods for integrating students who 
are underserved or historically underrepresented 
groups in STEM. 
‘‘(D) Age-appropriate materials that apply 
the principles of quantum information science in 
STEM fields. 
‘‘(E) Recommendations for the standardiza-
tion of key concepts, definitions, and curriculum
843 
† HR 4346 EAS2 
criteria across government, academia, and in-
dustry. 
‘‘(F) Materials that specifically address the 
findings and outcomes of the study to evaluate 
and make recommendations for the quantum in-
formation science workforce pursuant to sub-
section (d) of section 10661 of the Research and 
Development, Competition, and Innovation Act 
and strategies to account for the skills and work-
force needs identified through such study. 
‘‘(3) COORDINATION.—In carrying out this sub-
section, the Director shall coordinate with relevant 
Federal agencies, and consult with nongovernmental 
entities with expertise in QISE, as appropriate, 
which may include institutions eligible to participate 
in the Established Program to Stimulate Competitive 
Research (EPSCoR). 
‘‘(4) DEFINITION.—In this subsection, the term 
‘STEM’ means the academic and professional dis-
ciplines of science, technology, engineering, and math-
ematics, including computer science.’’. 
(f) QUANTUM EDUCATION PILOT PROGRAM.— 
(1) IN GENERAL.—Not later than one year after 
the date of the enactment of this Act, the Director, 
building on the National Science Foundation’s role in
844 
† HR 4346 EAS2 
the National Q–12 Education Partnership and pro-
grams such as Q2Work Program, shall make awards 
to institutions of higher education, non-profit organi-
zations, or consortia thereof to carry out a pilot pro-
gram, to be known as the ‘‘Next Generation Quantum 
Leaders Pilot Program’’ (in this subsection referred to 
as the ‘‘Program’’), for the education and training of 
the next generation of students and teachers in the 
fundamental principles of quantum mechanics. 
(2) REQUIREMENTS.— 
(A) IN GENERAL.—In carrying out the Pro-
gram, the Director shall— 
(i) encourage awardees to coordinate 
with educational service agencies (as such 
term ‘‘educational service agency’’ is defined 
in section 602(5) of the Individuals with 
Disabilities Education Improvement Act of 
2004 (20 U.S.C. 1401(5))), associations that 
support STEM educators or local edu-
cational agencies, and partnerships through 
the Q–12 Education Partnership, to encour-
age elementary schools, middle schools, and 
secondary schools, and State educational 
agencies to participate in the Program;
845 
† HR 4346 EAS2 
(ii) require that awardees partner with 
elementary schools, middle schools, or sec-
ondary schools, or consortia thereof, and 
State educational agencies, to carry out ac-
tivities under the Program; 
(B) USE OF FUNDS.—In carrying out the 
Program, the Director shall make competitive, 
merit-reviewed awards to— 
(i) support testing, evaluation, dis-
semination, and implementation of age-ap-
propriate quantum information sciences 
curricula and resources, including the inte-
gration of quantum information science and 
engineering into the STEM curriculum pur-
suant to subsection (d) of section 301 of the 
National Quantum Initiative Act (15 
U.S.C. 8841), as added by subsection (e); 
(ii) support opportunities for informal 
education on quantum concepts, including 
informal hands-on learning opportunities; 
(iii) support opportunities for students 
to further explore quantum information 
science education and related careers; 
(iv) develop and implement training, 
research, and professional development pro-
846 
† HR 4346 EAS2 
grams for teachers, including innovative 
pre-service and in-service programs, in 
quantum information science and related 
fields; and 
(v) carry out such other activities as 
the Director determines appropriate. 
(C) DISTRIBUTION.—In carrying out the 
Program and to the extent practicable, the Direc-
tor shall ensure there is a wide, equitable dis-
tribution of Program participants across diverse 
geographic areas and that the Program includes 
a diverse representation of students, including 
students from groups historically underrep-
resented in STEM. 
(3) CONSULTATION.—The Director shall carry 
out the Program in consultation with the QIS Work-
force Working Group of the Subcommittee on Quan-
tum Information Science of the National Science and 
Technology Council and the Advancing Informal 
STEM Learning Program. 
(4) REPORTING.—Not later than four years after 
the date of the enactment of this section, the Director 
shall submit to Congress a report that includes the 
following:
847 
† HR 4346 EAS2 
(A) An assessment, that includes feedback 
from a wide range of stakeholders in academia, 
K-12 education, and the private sector, of the ef-
fectiveness of the Program in scaling up imple-
mentation of effective quantum education and 
training innovations. 
(B) If determined to be effective, a plan for 
integrating the Program into existing programs, 
including the feasibility and advisability of ex-
panding the scope of the Program to include ad-
ditional technology areas, grade levels, and edu-
cational institutions beyond those originally se-
lected to participate in the Program. 
(5) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated to the Direc-
tor $8,000,000 for each of fiscal years 2023 through 
2026 to carry out this section. 
(6) TERMINATION.—This subsection shall termi-
nate on the date that is four years after the date of 
the enactment of this Act.
848 
† HR 4346 EAS2 
Subtitle H—Blockchain Specialist 
SEC. 
10671. 
ESTABLISHMENT 
OF 
BLOCKCHAIN 
AND 
CRYPTOCURRENCY 
SPECIALIST 
POSITION 
WITHIN OSTP. 
The Director of the Office of Science and Technology 
Policy shall establish or designate a blockchain and 
cryptocurrencies advisory specialist position within the Of-
fice to coordinate Federal activities and advise the Presi-
dent on matters of research and development relating to 
blockchain, cryptocurrencies, and distributed ledger tech-
nologies. 
Subtitle I—Partnerships for Energy 
Security and Innovation 
SEC. 10691. FOUNDATION FOR ENERGY SECURITY AND IN-
NOVATION. 
(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).
849 
† HR 4346 EAS2 
(4) 
FOUNDATION.—The 
term 
‘‘Foundation’’ 
means the Foundation for Energy Security and Inno-
vation established under subsection (b)(1). 
(5) 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). 
(6) 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. 
(7) MINORITY-SERVING INSTITUTION.—The term 
‘‘minority serving institution’’ means a Hispanic- 
serving institution as defined in section 502 of the 
Higher Education Act of 1965 (20 U.S.C. 1101a), an 
Alaska Native-serving institution and a Native Ha-
waiian-serving institution as defined in section in 
317 of the Higher Education Act of 1965 (20 U.S.C. 
1059d), or a Predominantly Black Institution, Asian 
American and Native American Pacific Islander-serv-
ing institution, or a Native American-serving non-
tribal institution as defined in section 371 of the 
Higher Education Act of 1965 (20 U.S.C. 1067q).
850 
† HR 4346 EAS2 
(8) 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). 
(9) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Energy. 
(10) TRIBAL
COLLEGE
OR
UNIVERSITY.—The 
term ‘‘Tribal College or University’’ has the meaning 
given in section 316 of the Higher Education Act of 
1965 (20 U.S.C. 1059c). 
(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-
cation, industry, and nonprofit and philan-
851 
† HR 4346 EAS2 
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-
pointed voting members described in clause 
(iii).
852 
† HR 4346 EAS2 
(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. 
(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 
requirements of subclauses (II) 
and (III); and
853 
† HR 4346 EAS2 
(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, National Lab-
oratories, industry, nonprofit organiza-
tions, State or local governments, the 
investment community, and the phil-
anthropic 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
854 
† HR 4346 EAS2 
(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—
855 
† HR 4346 EAS2 
(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—
856 
† HR 4346 EAS2 
(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);
858 
† HR 4346 EAS2 
ability of donors to designate, by 
stipulation or restriction, the use 
or recipient of donated funds; and 
(bb) the disposition of assets 
of the Foundation; 
(III) policies that subject all em-
ployees, fellows, trainees, and other 
agents of the Foundation (including ex 
officio and appointed members of the 
Board) to conflict of interest standards; 
and 
(IV) the specific duties of the Ex-
ecutive Director. 
(ii) REQUIREMENTS.—The Board shall 
ensure that the bylaws of the Foundation 
and the activities carried out under those 
bylaws shall not— 
(I) reflect unfavorably on the abil-
ity of the Foundation to carry out ac-
tivities in a fair and objective manner; 
or 
(II) compromise, or appear to 
compromise, the integrity of any gov-
ernmental agency or program, or any 
officer or employee employed by, or in-
859 
† HR 4346 EAS2 
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. 
(I) RESTRICTION
ON
MEMBERSHIP.—No 
employee of the Department shall be appointed 
as a member of the Board of Directors. 
(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 and environmental challenges 
through transformative science and technology 
solutions; and
860 
† HR 4346 EAS2 
(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-
dress crosscutting national energy challenges, in-
cluding those affecting minority, rural, and other 
underserved communities, by methods that in-
clude— 
(i) fostering collaboration and partner-
ships with researchers from the Federal 
Government, State governments, institu-
tions of higher education, including histori-
cally Black colleges or universities, Tribal 
Colleges or Universities, and minority-serv-
ing institutions, federally funded research 
and development centers, industry, and 
nonprofit organizations for the research, de-
velopment, or commercialization of trans-
formative 
energy 
and 
associated 
tech-
nologies; 
(ii) strengthening and sharing best 
practices relating to regional economic de-
velopment through scientific and energy in-
novation, including in partnership with an
861 
† HR 4346 EAS2 
Individual Laboratory-Associated Founda-
tion; 
(iii) promoting new product develop-
ment that supports job creation; 
(iv) 
administering 
prize 
competi-
tions— 
(I) to accelerate private sector 
competition and investment; and 
(II) that complement the use of 
prize authority by the Department; 
(v) supporting programs that advance 
technology maturation, especially where 
there may be gaps in Federal or private 
funding in advancing a technology to de-
ployment or commercialization from the 
prototype stage to a commercial stage; 
(vi) supporting efforts to broaden par-
ticipation in energy technology development 
among individuals from historically under-
represented groups or regions; and 
(vii) facilitating access to Department 
facilities, equipment, and expertise to assist 
in tackling national challenges. 
(4) ACTIVITIES.—
862 
† HR 4346 EAS2 
(A) 
STUDIES, 
COMPETITIONS, 
AND 
PROJECTS.—The Foundation may conduct and 
support studies, competitions, projects, and other 
activities that further the purposes of the Foun-
dation described in paragraph (3). 
(B) FELLOWSHIPS AND GRANTS.— 
(i) IN
GENERAL.—The Foundation 
may award fellowships and grants for ac-
tivities relating to research, development, 
demonstration, maturation, or commer-
cialization of energy and other Department- 
supported technologies. 
(ii) FORM OF AWARD.—A fellowship or 
grant under clause (i) may consist of a sti-
pend, health insurance benefits, funds for 
travel, and funds for other appropriate ex-
penses. 
(iii) SELECTION.—In selecting a re-
cipient for a fellowship or grant under 
clause (i), the Foundation— 
(I) shall make the selection based 
on the technical and commercialization 
merits of the proposed project of the 
potential recipient; and
863 
† HR 4346 EAS2 
(II) may consult with a potential 
recipient regarding the ability of the 
potential recipient to carry out various 
projects that would further the pur-
poses of the Foundation described in 
paragraph (3). 
(iv) NATIONAL LABORATORIES.—A Na-
tional Laboratory that applies for or ac-
cepts an award under clause (i) shall not be 
considered to be engaging in a competitive 
process. 
(C) ACCESSING
FACILITIES
AND
EXPER-
TISE.—The Foundation may work with the De-
partment— 
(i) to leverage the capabilities and fa-
cilities of National Laboratories to commer-
cialize technology; and 
(ii) to assist with resources, including 
by providing information on the assets of 
each National Laboratory that may enable 
the deployment and commercialization of 
technology. 
(D) TRAINING AND EDUCATION.—The Foun-
dation may support programs that provide 
training to researchers, scientists, other relevant
864 
† HR 4346 EAS2 
personnel at National Laboratories and institu-
tions of higher education, and previous or cur-
rent recipients of or applicants for Department 
funding to help research, develop, demonstrate, 
deploy, and commercialize federally funded tech-
nology. 
(E) MATURATION FUNDING.—The Founda-
tion shall support programs that provide matu-
ration funding to researchers to advance the 
technology of those researchers for the purpose of 
moving products from a prototype stage to a 
commercial stage. 
(F) 
STAKEHOLDER
ENGAGEMENT.—The 
Foundation shall convene, and may consult with, 
representatives from the Department, institutions 
of higher education, National Laboratories, the 
private sector, and commercialization organiza-
tions to develop programs for the purposes of the 
Foundation described in paragraph (3) and to 
advance the activities of the Foundation. 
(G) INDIVIDUAL
AND
FEDERAL
LABORA-
TORY-ASSOCIATED FOUNDATIONS.— 
(i) DEFINITION OF COVERED FOUNDA-
TION.—In this subparagraph, the term
865 
† HR 4346 EAS2 
‘‘covered foundation’’ means each of the fol-
lowing: 
(I) An Individual Laboratory- As-
sociated Foundation. 
(II) A Federal Laboratory- Asso-
ciated Foundation established pursu-
ant to subsection (c)(1). 
(ii) SUPPORT.—The Foundation shall 
provide support to and collaborate with cov-
ered foundations. 
(iii) GUIDELINES AND TEMPLATES.— 
For the purpose of providing support under 
clause (ii), the Secretary shall establish sug-
gested guidelines and templates for covered 
foundations, including— 
(I) a standard adaptable organi-
zational design for responsible manage-
ment; 
(II) standard and legally tenable 
bylaws and money-handling proce-
dures; and 
(III) a standard training cur-
riculum to orient and expand the oper-
ating expertise of personnel employed 
by covered foundations.
866 
† HR 4346 EAS2 
(iv) AFFILIATIONS.—Nothing in this 
subparagraph requires— 
(I) an existing Individual Lab-
oratory-Associated Foundation to mod-
ify current practices or affiliate with 
the Foundation; or 
(II) a covered foundation to be 
bound by charter or corporate bylaws 
as permanently affiliated with the 
Foundation. 
(H) 
SUPPLEMENTAL
PROGRAMS.—The 
Foundation may carry out supplemental pro-
grams— 
(i) to conduct and support forums, 
meetings, conferences, courses, and training 
workshops consistent with the purposes of 
the Foundation described in paragraph (3); 
(ii) to support and encourage the un-
derstanding and development of data that 
promotes the translation of technologies 
from the research stage, through the develop-
ment and maturation stage, and ending in 
the market stage; 
(iii) for writing, editing, printing, 
publishing, and vending books and other
867 
† HR 4346 EAS2 
materials relating to research carried out 
under the Foundation and the Department; 
and 
(iv) to conduct other activities to carry 
out and support the purposes of the Foun-
dation described in paragraph (3). 
(I) EVALUATIONS.—The Foundation shall 
support the development of an evaluation meth-
odology, to be used as part of any program sup-
ported by the Foundation, that shall— 
(i) consist of qualitative and quan-
titative metrics; and 
(ii) include periodic third party eval-
uation of those programs and other activi-
ties of the Foundation. 
(J) 
COMMUNICATIONS.—The 
Foundation 
shall develop an expertise in communications to 
promote the work of grant and fellowship recipi-
ents under subparagraph (B), the commercializa-
tion successes of the Foundation, opportunities 
for partnership with the Foundation, and other 
activities. 
(K) SOLICITATION AND USE OF FUNDS.— 
The Foundation may solicit and accept gifts, 
grants, and other donations, establish accounts,
868 
† HR 4346 EAS2 
and invest and expend funds in support of the 
activities and programs of the Foundation. 
(L) AUTHORITY OF THE FOUNDATION.—The 
Foundation shall be the sole entity responsible 
for carrying out the activities described in this 
paragraph. 
(5) ADMINISTRATION.— 
(A) EXECUTIVE
DIRECTOR.—The Board 
shall hire an Executive Director of the Founda-
tion, who shall serve at the pleasure of the 
Board. Subject to the compliance with the poli-
cies and bylaws established pursuant to para-
graph (2)(G), the Executive Director shall be re-
sponsible for the daily operations of the Founda-
tion in carrying the activities described in para-
graph (4). 
(B) COMPENSATION.—The rate of com-
pensation of the Executive Director shall be fixed 
by the Board. 
(C) ADMINISTRATIVE CONTROL.—No mem-
ber of the Board, officer or employee of the Foun-
dation or of any program established by the 
Foundation, or participant in a program estab-
lished by the Foundation, shall exercise adminis-
trative control over any Federal employee.
869 
† HR 4346 EAS2 
(D) STRATEGIC
PLAN.—Not later than 1 
year after the date of enactment of this Act, the 
Foundation shall submit to the Committee on 
Energy and Natural Resources of the Senate and 
the Committee on Science, Space, and Tech-
nology of the House of Representatives a stra-
tegic plan that contains— 
(i) a plan for the Foundation to be-
come financially self-sustaining in fiscal 
year 2023 and thereafter (except for the 
amounts provided each fiscal year under 
paragraph (11)(A)(iii)); 
(ii) a forecast of major crosscutting en-
ergy 
challenge 
opportunities, 
including 
short- and long-term objectives, identified by 
the Board, with input from communities 
representing the entities and areas of subject 
matter expertise, as applicable, described in 
paragraph (2)(B)(iii)(II); 
(iii) a description of the efforts that the 
Foundation will take to be transparent in 
the processes of the Foundation, including 
processes relating to— 
(I) grant awards, including selec-
tion, review, and notification;
870 
† HR 4346 EAS2 
(II) communication of past, cur-
rent, and future research priorities; 
and 
(III) solicitation of and response 
to public input on the opportunities 
identified under clause (ii); 
(iv) a description of the financial goals 
and benchmarks of the Foundation for the 
following 10 years; 
(v) a description of the efforts under-
taken by the Foundation to engage histori-
cally underrepresented groups or regions, 
including through collaborations with his-
torically Black colleges and universities, 
Tribal Colleges or Universities, minority- 
serving institutions, and minority-owned 
and women-owned business, and; 
(vi) a description of the efforts under-
taken by the Foundation to ensure max-
imum complementarity and minimum re-
dundancy with investments made by the 
Department. 
(E) ANNUAL
REPORT.—Not later than 1 
year after the date on which the Foundation is 
established, and every years thereafter, the Foun-
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† HR 4346 EAS2 
dation shall submit to the Committee on Energy 
and Natural Resources of the Senate, the Com-
mittee on Science, Space, and Technology of the 
House of Representatives, and the Secretary a 
report that, for the year covered by the report— 
(i) describes the activities of the Foun-
dation and the progress of the Foundation 
in furthering the purposes of the Founda-
tion described in paragraph (3); 
(ii) provides a specific accounting of 
the source and use of all funds made avail-
able to the Foundation to carry out those 
activities to ensure transparency in the 
alignment of Department missions and 
policies with national security; 
(iii) describes how the results of the ac-
tivities of the Foundation could be incor-
porated into the procurement processes of 
the General Services Administration; and 
(iv) includes a summary of each eval-
uation conducted using the evaluation meth-
odology described in paragraph (4)(I). 
(F) EVALUATION
BY
COMPTROLLER
GEN-
ERAL.—Not later than 5 years after the date on 
which the Foundation is established, the Comp-
872 
† HR 4346 EAS2 
troller General of the United States shall submit 
to the Committee on Energy and Natural Re-
sources of the Senate and the Committee on 
Science, Space, and Technology of the House of 
Representatives— 
(i) an evaluation of— 
(I) the extent to which the Foun-
dation is achieving the mission of the 
Foundation; and 
(II) the operation of the Founda-
tion; and 
(ii) any recommendations on how the 
Foundation may be improved. 
(G) AUDITS.—The Foundation shall— 
(i) provide for annual audits of the fi-
nancial condition of the Foundation; and 
(ii) make the audits, and all other 
records, documents, and papers of the Foun-
dation, available to the Secretary and the 
Comptroller General of the United States 
for examination or audit. 
(H) 
SEPARATE
FUND
ACCOUNTS.—The 
Board shall ensure that any funds received under 
paragraph (11)(A) are held in a separate ac-
873 
† HR 4346 EAS2 
count from any other funds received by the 
Foundation. 
(I) INTEGRITY.— 
(i) IN GENERAL.—To ensure integrity 
in the operations of the Foundation, the 
Board shall develop and enforce procedures 
relating to standards of conduct, financial 
disclosure statements, conflicts of interest 
(including recusal and waiver rules), au-
dits, and any other matters determined ap-
propriate by the Board. 
(ii) FINANCIAL CONFLICTS OF INTER-
EST.—To mitigate conflicts of interest and 
risks from malign foreign influence, any in-
dividual who is an officer, employee, or 
member of the Board is prohibited from any 
participation in deliberations by the Foun-
dation of a matter that would directly or 
predictably affect any financial interest 
of— 
(I) the individual; 
(II) a relative (as defined in sec-
tion 109 of the Ethics in Government 
Act of 1978 (5 U.S.C. App.)) of that 
individual; or
874 
† HR 4346 EAS2 
(III) a business organization or 
other entity in which the individual 
has an interest, including an organiza-
tion or other entity with which the in-
dividual is negotiating employment. 
(J) INTELLECTUAL PROPERTY.—The Board 
shall adopt written standards to govern the own-
ership and licensing of any intellectual property 
rights developed by the Foundation or derived 
from the collaborative efforts of the Foundation. 
(K) LIABILITY.— 
(i) IN GENERAL.—The United States 
shall not be liable for any debts, defaults, 
acts, or omissions of— 
(I) the Foundation; 
(II) a Federal entity with respect 
to an agreement of that Federal entity 
with the Foundation; or 
(III) an Individual Laboratory- 
Associated Foundation with respect to 
an agreement of that Federal entity 
with the Foundation. 
(ii) FULL
FAITH
AND
CREDIT.—The 
full faith and credit of the United States
875 
† HR 4346 EAS2 
shall not extend to any obligations of the 
Foundation. 
(L) NONAPPLICABILITY OF FACA.—The Fed-
eral Advisory Committee Act (5 U.S.C. App.) 
shall not apply to the Foundation or an Indi-
vidual Laboratory-Associated Foundation. 
(6) DEPARTMENT COLLABORATION.— 
(A) NATIONAL
LABORATORIES.—The Sec-
retary shall collaborate with the Foundation to 
develop a process to ensure collaboration and co-
ordination between the Department, the Founda-
tion, and National Laboratories— 
(i) to streamline contracting processes 
between National Laboratories and the 
Foundation, including by— 
(I) streamlining the ability of the 
Foundation to transfer equipment and 
funds to National Laboratories; 
(II) standardizing contract mech-
anisms to be used by the Foundation 
in engaging with National Labora-
tories; and 
(III) streamlining the ability of 
the Foundation to fund endowed posi-
tions at National Laboratories;
876 
† HR 4346 EAS2 
(ii) to allow a National Laboratory or 
site of a National Laboratory— 
(I) to accept and perform work for 
the Foundation, consistent with pro-
vided resources, notwithstanding any 
other provision of law governing the 
administration, mission, use, or oper-
ations of the National Laboratory or 
site, as applicable; and 
(II) to perform that work on a 
basis equal to other missions at the Na-
tional Laboratory; and 
(iii) to permit the director of any Na-
tional Laboratory or site of a National Lab-
oratory to enter into a cooperative research 
and development agreement or negotiate a 
licensing agreement with the Foundation 
pursuant to section 12 of the Stevenson- 
Wydler Technology Innovation Act of 1980 
(15 U.S.C. 3710a). 
(B) 
DEPARTMENT
LIAISONS.—The 
Sec-
retary shall appoint liaisons from across the De-
partment to collaborate and coordinate with the 
Foundation, including not less than 1 liaison 
from the Office of Technology Transitions, who
877 
† HR 4346 EAS2 
shall ensure that the Foundation works in con-
junction with and does not duplicate existing ac-
tivities and programs carried out by the Depart-
ment, including the Technology Commercializa-
tion Fund of the Department. 
(C) ADMINISTRATION.—The Secretary shall 
leverage appropriate arrangements, contracts, 
and directives to carry out the process developed 
under subparagraph (A). 
(7) NATIONAL SECURITY.—Nothing in this sub-
section exempts the Foundation from any national se-
curity policy of the Department. 
(8) SUPPORT
SERVICES.—The Secretary may 
provide facilities, utilities, and support services to the 
Foundation if it is determined by the Secretary to be 
advantageous to the research programs of the Depart-
ment. 
(9) PREEMPTION
OF
AUTHORITY.—This sub-
section shall not preempt any authority or responsi-
bility of the Secretary under any other provision of 
law. 
(10) TRANSFER FUNDS.—The Foundation may 
transfer funds to the Department, which shall be sub-
ject to all applicable Federal limitations relating to 
federally funded research.
878 
† HR 4346 EAS2 
(11) AUTHORIZATION OF APPROPRIATIONS.— 
(A) IN GENERAL.—There is authorized to be 
appropriated— 
(i) not less than $1,500,000 shall be for 
the Secretary for fiscal year 2023 to estab-
lish the Foundation; 
(ii) not less than $30,000,000 shall be 
for the Foundation for fiscal year 2024 to 
carry out the activities of the Foundation; 
and 
(iii) not less than $3,000,000 shall be 
for the Foundation for each of the fiscal 
years 2025 through 2027 for administrative 
and operational costs. 
(B) LIMITATION.—None of the funds au-
thorized to be appropriated to the Secretary by 
subparagraph (A)(i) of this paragraph shall be 
used for construction. 
(C) COST SHARE.—Funds made available 
under subparagraph (A)(ii) shall be required to 
be cost- shared by a partner of the Foundation 
other than the Department or a National Lab-
oratory. 
(c) NATIONAL ENERGY TECHNOLOGY LABORATORY-AS-
SOCIATED FOUNDATION.—
879 
† HR 4346 EAS2 
(1) ESTABLISHMENT.— 
(A) IN
GENERAL.—The National Energy 
Technology Laboratory may establish, or enter 
into an agreement with a nonprofit organization 
to establish, a Federal Laboratory-Associated 
Foundation (referred to in this subsection as a 
‘‘Laboratory Foundation’’) to support the mis-
sion of the National Energy Technology Labora-
tory. 
(B) NOT AGENCY OR INSTRUMENTALITY.—A 
Laboratory Foundation shall not be an agency 
or instrumentality of the Federal Government. 
(C) GOVERNANCE STRUCTURE.—A Labora-
tory Foundation established under subparagraph 
(A) shall have a separate governance structure 
from, and shall be managed independently of, the 
National Energy Technology Laboratory. 
(2) ACTIVITIES.—Activities of a Laboratory 
Foundation may include— 
(A) conducting support studies, competi-
tions, projects, research, and other activities that 
further the purpose of the Laboratory Founda-
tion; 
(B) carrying out programs to foster collabo-
ration and partnership among researchers from
880 
† HR 4346 EAS2 
the Federal Government, State governments, in-
stitutions of higher education, federally funded 
research and development centers, and industry 
and nonprofit organizations relating to the re-
search, development, and commercialization of 
federally supported technologies; 
(C) carrying out programs to leverage tech-
nologies to support new product development 
that supports regional economic development; 
(D) administering prize competitions— 
(i) to accelerate private sector competi-
tion and investment; and 
(ii) that complement the use of prize 
authority by the Department; 
(E) providing fellowships and grants to re-
search and development personnel at, or affili-
ated with, federally funded centers, in accordance 
with paragraph (3); 
(F) carrying out programs— 
(i) that allow scientists from foreign 
countries to serve in research capacities in 
the United States or other countries in asso-
ciation with the National Energy Tech-
nology Laboratory;
881 
† HR 4346 EAS2 
(ii) that provide opportunities for em-
ployees of the National Energy Technology 
Laboratory to serve in research capacities 
in foreign countries; 
(iii) to conduct studies, projects, or re-
search in collaboration with national and 
international nonprofit and for-profit orga-
nizations, which may include the provision 
of stipends, travel, and other support for 
personnel; 
(iv)(I) to hold forums, meetings, con-
ferences, courses, and training workshops 
that may include undergraduate, graduate, 
post- graduate, and post-doctoral accredited 
courses; and 
(II) for the accreditation of those 
courses by the Laboratory Foundation at 
the State and national level for college de-
grees or continuing education credits; 
(v) to support and encourage teachers 
and students of science at all levels of edu-
cation; 
(vi) to promote an understanding of 
science amongst the general public;
882 
† HR 4346 EAS2 
(vii) for writing, editing, printing, 
publishing, and vending of relevant books 
and other materials; and 
(viii) for the conduct of other activities 
to carry out and support the purpose of the 
Laboratory Foundation; and 
(G) receiving, administering, soliciting, ac-
cepting, and using funds, gifts, devises, or be-
quests, either absolutely or in trust of real or 
personal property or any income therefrom, or 
other interest or equity therein for the benefit of, 
or in connection with, the mission of the appli-
cable Federal laboratory, in accordance with 
paragraph (4). 
(3) FELLOWSHIPS AND GRANTS.— 
(A) SELECTION.—Recipients of fellowships 
and grants described in paragraph (2)(E) shall 
be selected— 
(i) by a Laboratory Foundation and 
the donors to a Laboratory Foundation; 
(ii) subject to the agreement of the head 
of the agency the mission of which is sup-
ported by a Laboratory Foundation; and 
(iii) in the case of a fellowship, based 
on the recommendation of the employees of
883 
† HR 4346 EAS2 
the National Energy Technology Laboratory 
at which the fellow would serve. 
(B) EXPENSES.—Fellowships and grants 
described in paragraph (2)(E) may include sti-
pends, travel, health insurance, benefits, and 
other appropriate expenses. 
(4) GIFTS.—An amount of funds, a gift, a de-
vise, or a bequest described in paragraph (2)(G) may 
be accepted by a Laboratory Foundation regardless of 
whether it is encumbered, restricted, or subject to a 
beneficial interest of a private person if any current 
or future interest of the funds, gift, devise, or bequest 
is for the benefit of the research and development ac-
tivities of the National Energy Technology Labora-
tory. 
(5) OWNERSHIP BY FEDERAL GOVERNMENT.—A 
contribution, gift, or any other transfer made to or 
for the use of a Laboratory Foundation shall be re-
garded as a contribution, gift, or transfer to or for the 
use of the Federal Government. 
(6) LIABILITY.—The United States shall not be 
liable for any debts, defaults, acts, or omissions of a 
Laboratory Foundation. 
(7) TRANSFER OF FUNDS.—Notwithstanding any 
other provision of law, a Laboratory Foundation may
884 
† HR 4346 EAS2 
transfer funds to the National Energy Technology 
Laboratory and the National Energy Technology Lab-
oratory may accept that transfer of funds. 
(8) OTHER
LAWS.—This subsection shall not 
alter or supersede any other provision of law gov-
erning the authority, scope, establishment, or use of 
nonprofit organizations by a Federal agency. 
Subtitle J—Energizing Technology 
Transfer 
SEC. 10701. DEFINITIONS. 
In this subtitle: 
(1) CLEAN
ENERGY
TECHNOLOGY.—The term 
‘‘clean energy technology’’ means a technology that 
significantly reduces energy use, increases energy effi-
ciency, reduces greenhouse gas emissions, reduces 
emissions of other pollutants, or mitigates other nega-
tive environmental consequences of energy production, 
transmission or use. 
(2) DEPARTMENT.—The term ‘‘Department’’ 
means the Department of Energy. 
(3) DIRECTOR.—The term ‘‘Director’’ means the 
Director of each National Laboratory and the Direc-
tor of each Department of Energy single-purpose re-
search facility.
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† HR 4346 EAS2 
(4) ECONOMICALLY
DISTRESSED
AREA.—The 
term ‘‘economically distressed area’’ has the meaning 
described in section 301(a) of the Public Works and 
Economic Development Act of 1965 (42 U.S.C. 
3161(a)). 
(5) GRANT.—The term ‘‘grant’’ means a grant 
award, cooperative agreement award, or any other fi-
nancial assistance arrangement that the Secretary of 
Energy determines to be appropriate. 
(6) INSTITUTION OF HIGHER EDUCATION.—The 
term ‘‘institution of higher education’’ has the mean-
ing given such term in section 101 of the Higher Edu-
cation Act of 1965, as amended (20 U.S.C. 1001). 
(7) NATIONAL
LABORATORY.—The term ‘‘Na-
tional Laboratory’’ has the meaning given that term 
in section 2 of the Energy Policy Act of 2005 (42 
U.S.C. 15801). 
(8) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Energy. 
PART 1—NATIONAL CLEAN ENERGY 
TECHNOLOGY TRANSFER PROGRAMS 
SEC. 10713. NATIONAL CLEAN ENERGY INCUBATOR PRO-
GRAM. 
(a) CLEAN ENERGY INCUBATOR DEFINED.—In this 
section, the term ‘‘clean energy incubator’’—
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† HR 4346 EAS2 
(1) means any entity that is designed to accel-
erate the commercial application of clean energy tech-
nologies by providing— 
(A) physical workspace, labs, and proto-
typing facilities to support clean energy startups 
or established clean energy companies; or 
(B) companies developing such technologies 
with support, resources, and services, includ-
ing— 
(i) access to business education and 
counseling; 
(ii) mentorship opportunities; and 
(iii) other services rendered for the 
purpose of aiding the development and com-
mercial application of a clean energy tech-
nology; and 
(2) may include a program within or established 
by a National Laboratory, an institution of higher 
education or a State, territorial, local, or tribal gov-
ernment. 
(b) PROGRAM ESTABLISHMENT.—Not later than 180 
days after the enactment of this Act, the Secretary, acting 
through the Chief Commercialization Officer established in 
section 1001(a) of the Energy Policy Act of 2005 (42 U.S.C. 
16391(a)), shall establish a Clean Energy Incubator Pro-
887 
† HR 4346 EAS2 
gram (herein referred to as the ‘‘program’’) to competitively 
award grants to clean energy incubators. 
(c) CLEAN
ENERGY
INCUBATOR
SELECTION.—In 
awarding grants to clean energy incubators under sub-
section (b), the Secretary shall, to the maximum extent 
practicable, prioritize funding clean energy incubators 
that— 
(1) partner with entities that carry out activities 
relevant to the activities of such incubator and that 
operate at the local, State, and regional levels; 
(2) support the commercial application activities 
of startup companies focused on physical hardware, 
computational, or integrated hardware and software 
technologies; 
(3) are located in geographically diverse regions 
of the United States, such as the Great Lakes region; 
(4) are located in, or partner with entities lo-
cated in, economically-distressed areas; 
(5) support the development of entities focused on 
expanding clean energy tools and technologies to 
rural, Tribal, and low-income communities; 
(6) support the commercial application of tech-
nologies being developed by clean energy entre-
preneurs from underrepresented backgrounds; and
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† HR 4346 EAS2 
(7) have a plan for sustaining activities of the 
incubator after grant funds received under this pro-
gram have been expended. 
(d) AWARD LIMITS.—The Secretary shall not award 
more than $4,000,000 to one or more incubators in one 
given State, per fiscal year. 
(e) DURATION.—Each grant under subsection (b) shall 
be for a period of no longer than 5 years, subject to the 
availability of appropriations. 
(f) USE
OF FUNDS.—An entity receiving a grant 
under this section may use grant amounts for operating ex-
penses. 
(g) RENEWAL.—An award made to a clean energy in-
cubator under this section may be renewed for a period of 
not more than 3 years, subject to merit review. 
(h) EVALUATION.—In accordance with section 9007 of 
division Z of the Consolidated Appropriations Act, 2021 
(Public Law 116–260), the Secretary shall submit to the 
Committee on Science, Space, and Technology of the House 
of Representatives and the Committee on Energy and Nat-
ural Resources of the Senate an evaluation of the program 
established under this section that includes analyses of the 
performance of the clean energy incubators. 
(i) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated to the Secretary to carry out
889 
† HR 4346 EAS2 
this section $15,000,000 for each of fiscal years 2023 
through 2027. 
SEC. 10714. CLEAN ENERGY TECHNOLOGY UNIVERSITY 
PRIZE COMPETITION. 
(a) DEFINITIONS.—In this section: 
(1) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
ty’’ means a nonprofit entity, an institution of higher 
education, or an entity working with one or more in-
stitutions of higher education. 
(2) 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)). 
(b) IN GENERAL.—The Secretary shall establish a pro-
gram, known as the ‘‘Clean Energy Technology University 
Prize’’, to award funding for eligible entities to carry out 
regional and one national clean energy technology prize 
competitions, under section 24 of the Stevenson-Wydler 
Technology Innovation Act of 1980 (15 U.S.C. 3719). In 
carrying out such prize competitions, students shall compete 
to develop a business model for furthering the commercial 
application of an innovative clean energy technology. 
(c) TRAINING FUNDING.—In carrying out this pro-
gram, the Secretary may provide funding to train partici-
pating students in skills needed for the successful commer-
890 
† HR 4346 EAS2 
cial application of clean energy technologies, including 
through virtual training sessions. 
(d) PRIORITIZATION.—In awarding grants under this 
section, the Secretary shall prioritize awarding grants to 
eligible entities that work with students at minority-serving 
institutions. 
(e) COORDINATION.—In carrying out this program, the 
Secretary shall coordinate and partner with other clean en-
ergy technology prize competitions. In doing so, the Sec-
retary may develop and disseminate best practices for ad-
ministering prize competitions under this section. 
(f) REPORT.—In accordance with section 9007 of divi-
sion Z of the Consolidated Appropriations Act, 2021 (Pub-
lic Law 116–260), the Secretary shall report annually on 
the progress and implementation of the program established 
under section (b). 
(g) EVALUATION.—In accordance with section 9007 of 
division Z of the Consolidated Appropriations Act, 2021 
(Public Law 116–260), the Secretary shall submit to the 
Committee on Science, Space, and Technology of the House 
of Representatives and the Committee on Energy and Nat-
ural Resources of the Senate an evaluation on the long-term 
outcomes of the program established under this section and 
the progress towards achieving the purposes of the program 
in subsection (b).
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(h) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated to the Secretary to carry out 
the activities authorized in this section $1,000,000 for each 
of fiscal years 2023 through 2027. 
SEC. 10715. CLEAN ENERGY TECHNOLOGY TRANSFER CO-
ORDINATION. 
(a) IN GENERAL.—The Secretary, acting through the 
Chief Commercialization Officer established in section 1001 
(a) of the Energy Policy Act of 2005 (42 U.S.C. 16391 (a)), 
shall support the coordination of relevant technology trans-
fer programs that advance the commercial application of 
clean energy technologies nationally and across all energy 
sectors. In particular, the Secretary may support activities 
to— 
(1) facilitate the sharing of information on best 
practices for successful operation of clean energy tech-
nology transfer programs; 
(2) coordinate resources and improve cooperation 
among clean energy technology transfer programs; 
(3) facilitate connections between entrepreneurs 
and start-up companies and the variety of programs 
related to clean energy technology transfer under the 
Department; and
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(4) facilitate the development of metrics to meas-
ure the impact of clean energy technology transfer 
programs on— 
(A) advancing the development, demonstra-
tion, and commercial application of clean energy 
technologies; 
(B) increasing the competitiveness of United 
States in the clean energy sector, including in 
manufacturing; and 
(C) commercial application of clean energy 
technologies being developed by entrepreneurs 
from under-represented backgrounds. 
(b) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated to the Secretary to carry out 
the activities in this section $3,000,000 for each of fiscal 
years 2023 through 2027. 
PART 2—SUPPORTING TECHNOLOGY DEVELOP-
MENT AT THE NATIONAL LABORATORIES 
SEC. 10716. LAB PARTNERING SERVICE PILOT PROGRAM. 
Section 9002 of division Z of the Consolidated Appro-
priations Act, 2021 (Public Law 116–260) is amended by 
adding at the end the following: 
‘‘(h) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Secretary 
$2,000,000 for each of fiscal years 2023 through 2025 to
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carry out subsections (a), (b), and (c), and $1,700,000 for 
each of fiscal years 2023 through 2025 for National Labora-
tory employees to provide services under subsection (d).’’. 
SEC. 10717. LAB-EMBEDDED ENTREPRENEURSHIP PRO-
GRAM. 
(a) IN GENERAL.—The Secretary shall competitively 
award grants to National Laboratories for the purpose of 
establishing or supporting Lab-Embedded Entrepreneur-
ship Programs. 
(b) PURPOSES.—The purposes of such programs are 
to provide entrepreneurial fellows with access to National 
Laboratory research facilities, National Laboratory exper-
tise, and mentorship to perform research and development 
and gain expertise that may be required or beneficial for 
the commercial application of research ideas. 
(c) 
ENTREPRENEURIAL
FELLOWS.—An 
entrepre-
neurial fellow participating in a program described in sub-
section (a) shall be provided with— 
(1) opportunities for entrepreneurial training, 
professional development, and exposure to leaders 
from academia, industry, government, and finance 
who may serve as advisors to or partners of the fel-
low; 
(2) financial and technical support for research, 
development, and commercial application activities;
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(3) fellowship awards to cover costs of living, 
health insurance, and travel stipends for the duration 
of the fellowship; and 
(4) any other resources determined appropriate 
by the Secretary. 
(d) PROGRAM ACTIVITIES.—Each National Labora-
tory that receives funding under this section shall support 
entrepreneurial fellows by providing— 
(1) access to facilities and expertise within the 
National Laboratory; 
(2) engagement with external stakeholders; and 
(3) market and customer development opportuni-
ties. 
(e) ADMINISTRATION.—National Laboratories that re-
ceive grants under this section shall prioritize the support 
and success of the entrepreneurial fellow with regards to 
professional development and development of a relevant 
technology. 
(f) PARTNERSHIPS.—In carrying out a Lab-Embedded 
Entrepreneurship Program, a National Laboratory may 
partner with an external entity, including— 
(1) a nonprofit organization; 
(2) an institution of higher education; 
(3) a federally-owned corporation; or
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(4) a consortium of 2 or more entities described 
in paragraphs (1) through (3). 
(g) METRICS.—The Secretary shall support the devel-
opment of short-term and long-term metrics to assess the 
effectiveness of programs receiving a grant under subsection 
(a) in achieving the purposes of the program in subsection 
(a). 
(h) EVALUATION.—In accordance with section 9007 of 
division Z of the Consolidated Appropriations Act, 2021 
(Public Law 116–260), the Secretary shall submit to the 
Committee on Science, Space, and Technology of the House 
of Representatives and the Committee on Energy and Nat-
ural Resources of the Senate an evaluation of the effective-
ness of the programs under subsection (a) based on the 
metrics developed pursuant to subsection (g). 
(i) COORDINATION.—The Secretary shall oversee the 
planning and coordination of grants under subsection (a) 
and shall identify and disseminate best practices for achiev-
ing the purposes of subsection (a) to National Laboratories 
that receive grants under this section. 
(j) INTERAGENCY COLLABORATION.—The Secretary 
shall collaborate with other executive branch agencies, in-
cluding the Department of Defense and other agencies with 
Federal laboratories, regarding opportunities to partner
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with National Laboratories receiving a grant under sub-
section (a). 
(k) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated to the Secretary to carry out 
the activities authorized in this section $25,000,000 for each 
of fiscal years 2023 through 2027. 
SEC. 10718. SMALL BUSINESS VOUCHER PROGRAM. 
Section 1003 of the Energy Policy Act of 2005 (42 
U.S.C. 16393) is amended— 
(1) in subsection (a)— 
(A) in the matter preceding paragraph (1), 
by striking ‘‘, and may require the Director of 
a single-purpose research facility,’’ and inserting 
‘‘(as defined in section 2) and the Director of 
each single-purpose research facility’’; 
(B) in paragraph (1)— 
(i) by striking ‘‘increase’’ and insert-
ing ‘‘encourage’’; and 
(ii) by striking ‘‘collaborative re-
search,’’ and inserting ‘‘research, develop-
ment, demonstration, and commercial ap-
plication activities, including product devel-
opment,’’;
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(C) in paragraph (2), by striking ‘‘procure-
ment and collaborative research’’ and inserting 
‘‘the activities described in paragraph (1)’’; 
(D) in paragraph (3)— 
(i) by inserting ‘‘facilities,’’ before 
‘‘training’’; and 
(ii) by striking ‘‘procurement and col-
laborative research activities’’ and inserting 
‘‘the activities described in paragraph (1)’’; 
and 
(E) in paragraph (5), by striking ‘‘for the 
program under subsection (b)’’ and inserting 
‘‘and metrics for the programs under subsections 
(b) and (c)’’; 
(2) by redesignating subsections (c) and (d) as 
subsections (d) and (e), respectively; 
(3) by inserting after subsection (b) the fol-
lowing: 
‘‘(c) SMALL BUSINESS VOUCHER PROGRAM.— 
‘‘(1) DEFINITIONS.—In this subsection: 
‘‘(A) 
DIRECTOR.—The 
term 
‘Director’ 
means— 
‘‘(i) the Director of each National Lab-
oratory; and
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‘‘(ii) the Director of each single-pur-
pose research facility. 
‘‘(B) NATIONAL
LABORATORY.—The term 
‘National Laboratory’ has the meaning given the 
term in section 2. 
‘‘(C) 
PROGRAM.—The 
term 
‘program’ 
means the program established under paragraph 
(2). 
‘‘(D) SMALL
BUSINESS
CONCERN.—The 
term ‘small business concern’ has the meaning 
given such term in section 3 of the Small Busi-
ness Act (15 U.S.C. 632). 
‘‘(2) ESTABLISHMENT.—The Secretary, acting 
through the Chief Commercialization Officer ap-
pointed under section 1001(a), and in consultation 
with the Directors, shall establish a program to pro-
vide small business concerns with vouchers under 
paragraph (3)— 
‘‘(A) to achieve the goal described in sub-
section (a)(1); and 
‘‘(B) to improve the products, services, and 
capabilities of small business concerns in the 
mission space of the Department. 
‘‘(3) VOUCHERS.—Under the program, the Direc-
tors are authorized to provide to small business con-
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cerns vouchers to be used at National Laboratories 
and single-purpose research facilities for— 
‘‘(A) research, development, demonstration, 
technology transfer, skills training and workforce 
development, or commercial application activi-
ties; or 
‘‘(B) any other activities that the applicable 
Director determines appropriate. 
‘‘(4) EXPEDITED
APPROVAL.—The Secretary, 
working with the Directors, shall establish a stream- 
lined approval process for financial assistance agree-
ments signed between— 
‘‘(A) small business concerns selected to re-
ceive a voucher under the program; and 
‘‘(B) the National Laboratories and single- 
purpose research facilities. 
‘‘(5) COST-SHARING
REQUIREMENT.—In car-
rying out the program, the Secretary shall require 
cost-sharing in accordance with section 988. 
‘‘(6) REPORT.—In accordance with section 9007 
of division Z of the Consolidated Appropriations Act, 
2021 (Public Law 116–260), the Secretary shall re-
port annually on the progress and implementation of 
the small business voucher program established under 
this section, including the number and locations of
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small businesses that received grants under this pro-
gram.’’; and 
(4) in subsection (e) (as so redesignated), by 
striking ‘‘for activities under this section’’ and insert-
ing ‘‘for activities under subsection (b)’’ and inserting 
before the period at the end ‘‘and for activities under 
subsection (c) $25,000,000 for each of fiscal years 
2023 through 2027’’. 
SEC. 10719. ENTREPRENEURIAL LEAVE PROGRAM. 
(a) IN GENERAL.—The Secretary shall delegate to Di-
rectors the authority to carry out an entrepreneurial leave 
program (referred to in this section as the ‘‘program’’) to 
allow National Laboratory employees to take a full leave 
of absence from their position, with the option to return 
to that or a comparable position up to 3 years later, or 
a partial leave of absence, to advance the commercial appli-
cation of energy and related technologies relevant to the 
mission of the Department. 
(b) TERMINATION AUTHORITY.—Directors shall retain 
the authority to terminate National Laboratory employees 
that participate in the program if such employees are found 
to violate terms prescribed by the National Laboratory at 
which such employee is employed. 
(c) LICENSING.—To reduce barriers to participation 
in the program, the Secretary shall delegate to the Directors
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the requirement to establish streamlined mechanisms for fa-
cilitating the licensing of technology that is the focus of Na-
tional Laboratory employees who participate in the pro-
gram. 
(d) REPORT.—In accordance with section 9007 of divi-
sion Z of the Consolidated Appropriations Act, 2021 (Pub-
lic Law 116–260), the Secretary shall report annually on 
the utilization of this authority at National Laboratories, 
including the number of employees who participate in this 
program at each National Laboratory and the number of 
employees who take a permanent leave from their positions 
at National Laboratories as a result of participating in this 
program. 
(e) FEDERAL ETHICS.—Nothing in this section shall 
affect existing Federal ethics rules applicable to Federal 
personnel. 
SEC. 10720. NATIONAL LABORATORY NON-FEDERAL EM-
PLOYEE OUTSIDE EMPLOYMENT AUTHORITY. 
(a) IN GENERAL.—The Secretary shall delegate to Di-
rectors of National Laboratories the authority to allow their 
non-Federal employees— 
(1) to engage in outside employment, including 
start-up companies based on licensing technologies de-
veloped at National Laboratories and consulting in
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their areas of expertise, and receive compensation 
from such entities; and 
(2) to engage in outside activities related to their 
areas of expertise at the National Laboratory and 
may allow employees, in their employment capacity 
at such outside employment, to access the National 
Laboratories under the same contracting mechanisms 
as non-Laboratory employees and entities, in accord-
ance with appropriate conflict of interest protocols. 
(b) REQUIREMENTS.—If a Director elects to use the 
authority granted by subsection (a) of this section, the Di-
rector, or their designee, shall— 
(1) require employees to disclose to and obtain 
approval from the Director or their designee prior to 
engaging in any outside employment; 
(2) develop and require appropriate conflict of 
interest protocols for employees that engage in outside 
employment; 
(3) maintain the authority to terminate employ-
ees engaging in outside employment if they are found 
to violate terms, including conflict of interest proto-
cols, mandated by the Director; and 
(4) ensure that any such programs or activities 
are in conformance with the Department’s research 
security policies, including DOE Order 486.1.
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(c) ADDITIONAL RESTRICTIONS.—Employees engaging 
in outside employment may not— 
(1) allow such activities to interfere with or im-
pede their duties at the National Laboratory; 
(2) engage in activities related to outside em-
ployment using National Laboratory government 
equipment, property, or resources, unless such activi-
ties are performed under National Laboratory con-
tracting mechanisms, such as Cooperative Research 
and Development Agreements or Strategic Partner-
ship Projects, whereby all conflicts of interest require-
ments apply; or 
(3) use their position at a National Laboratory 
to provide an unfair competitive advantage to an out-
side employer or start-up activity. 
(d) FEDERAL ETHICS.—Nothing in this section shall 
affect existing Federal ethics rules applicable to Federal 
personnel. 
PART 3—DEPARTMENT OF ENERGY 
MODERNIZATION 
SEC. 10722. OFFICE OF TECHNOLOGY TRANSITIONS. 
Section 1001(a) of the Energy Policy Act of 2005 (42 
U.S.C. 16391) is amended by adding at the end the fol-
lowing:
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† HR 4346 EAS2 
‘‘(6) HIRING AND MANAGEMENT.—To carry out 
the program authorized in this section, the Under 
Secretary for Science may appoint personnel using 
the authorities in section 10726 of the Research and 
Development, Competition, and Innovation Act. 
‘‘(7) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated to the Sec-
retary to carry out the activities authorized in this 
section $20,000,000 for each of fiscal years 2023 
through 2027.’’. 
SEC. 10723. MANAGEMENT OF DEPARTMENT OF ENERGY 
DEMONSTRATION PROJECTS. 
Section 41201 of the Infrastructure Investment and 
Jobs Act (42 U.S.C. 18861) is amended— 
(1) in subsection (b), by inserting ‘‘including the 
Office of Technology Transitions, the Loan Program 
Office, and all applied program offices,’’ after ‘‘De-
partment,’’; 
(2) in subsection (d), by inserting ‘‘, including 
by using the authorities in section 10726 of the Re-
search and Development, Competition, and Innova-
tion Act,’’ after ‘‘personnel’’; 
(3) by redesignating subsections (e), (f), and (g) 
as subsections (g), (h), and (i), respectively; 
(4) by adding after subsection (d) the following:
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† HR 4346 EAS2 
‘‘(e) ADDITIONAL AUTHORITY.—The Secretary may so-
licit, select, and manage covered projects directly through 
the program. 
‘‘(f) PROJECT TERMINATION.—Should an ongoing cov-
ered project receive an unfavorable review under subsection 
(c)(5), the Secretary or their designee may cease funding 
the covered project and reallocate the remaining funds to 
new or existing covered projects carried out by that pro-
gram office.’’; and 
(5) in subsection (h)(1) (as so redesignated), by 
striking ‘‘The Secretary’’ and inserting ‘‘In accord-
ance with section 9007 of division Z of the Consoli-
dated Appropriations Act, 2021 (Public Law 116– 
260), the Secretary’’. 
SEC. 10724. STREAMLINING PRIZE COMPETITIONS. 
(a) REPORTING.—Section 1008 of the Energy Policy 
Act of 2005 (42 U.S.C. 16396) is amended by adding at 
the end the following: 
‘‘(h) REPORT.—In accordance with section 9007 of di-
vision Z of the Consolidated Appropriations Act, 2021 
(Public Law 116–260), the Secretary shall report annually 
on a description of any prize competitions carried out using 
the authority under this section, the total amount of prizes 
awarded along with any private sector contributions, the 
methods used for solicitation and evaluation, and a descrip-
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tion of how each prize competition advanced the mission 
of the Department.’’. 
(b) TECHNICAL AMENDMENT.—Section 1008 of the 
Energy Policy Act of 2005 (42 U.S.C. 16396) is amended 
by redesignating the second subsection (e) (relating to au-
thorization of appropriations) as subsection (f). 
SEC. 10725. COST-SHARE WAIVER EXTENSION. 
(a) IN GENERAL.—Section 988 of the Energy Policy 
Act of 2005 (42 U.S.C. 16352) is amended in subsection 
(b)(4)(B) by striking ‘‘this paragraph’’ and inserting ‘‘the 
Research and Development, Competition, and Innovation 
Act’’. 
(b) REPORT.—Section 108(b) of the Department of 
Energy Research and Innovation Act is amended in sub-
section (b) by striking ‘‘this Act’’ each place it appears and 
inserting ‘‘the Research and Development, Competition, and 
Innovation Act’’. 
SEC. 10726. SPECIAL HIRING AUTHORITY FOR SCIENTIFIC, 
ENGINEERING, AND PROJECT MANAGEMENT 
PERSONNEL. 
(a) IN GENERAL.—The Under Secretary for Science 
shall have the authority to— 
(1) make appointments of not more than 60 sci-
entific, engineering, and professional personnel, with-
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† HR 4346 EAS2 
out regard to civil service laws, to assist the Depart-
ment in meeting specific project or research needs; 
(2) fix the basic pay of any employee appointed 
under this section at a rate to be determined by the 
Under Secretary at rates not in excess of Level II of 
the Executive Schedule (EX–II) under section 5311 of 
title 5, United States Code without regard to the civil 
service laws; and 
(3) pay any employee appointed under this sec-
tion payments in addition to basic pay, except that 
the total amount of additional payments paid to an 
employee under this subsection for any 12-month pe-
riod shall not exceed the lesser of the following 
amounts: 
(A) $25,000. 
(B) The amount equal to 25 percent of the 
annual rate of basic pay of that employee. 
(C) The amount of the limitation that is 
applicable for a calendar year under section 
5307(a)(1) of title 5, United States Code. 
(b) TERM.— 
(1) IN GENERAL.—The term of any employee ap-
pointed under this section shall not exceed 3 years 
unless otherwise authorized in law.
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(2) TERMINATION.—The Under Secretary for 
Science shall have the authority to terminate any em-
ployee appointed under this section at any time based 
on performance or changing project or research needs 
of the Department. 
SEC. 10727. TECHNOLOGY TRANSFER REPORTS AND EVAL-
UATION. 
Section 9007 of division Z of the Consolidated Appro-
priations Act, 2021 (Public Law 116–260) is amended as 
follows: 
‘‘(a) ANNUAL REPORT.—As part of the updated tech-
nology transfer execution plan required each year under sec-
tion 1001(h)(2) of the Energy Policy Act of 2005 (42 U.S.C. 
16391(h)(2)), the Secretary of Energy (in this section re-
ferred to as the ‘Secretary’) shall submit to the Committee 
on Science, Space, and Technology of the House of Rep-
resentatives and the Committee on Energy and Natural Re-
sources of the Senate a report on the progress and imple-
mentation of programs established under sections 9001, 
9002, 9003, 9004, and 9005 of this Act and under sections 
10714, 10718, 10719, 10720, and 10723 of the Research and 
Development, Competition, and Innovation Act. 
‘‘(b) EVALUATION.—Not later than 3 years after the 
enactment of this Act and every 3 years thereafter the Sec-
retary shall submit to the Committee on Science, Space, and
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Technology of the House of Representatives and the Com-
mittee on Energy and Natural Resources of the Senate an 
evaluation on the extent to which programs established 
under sections 9001, 9002, 9003, 9004, and 9005 of this 
Act and sections 10713, 10714, 10715, and 10717 of the 
Research and Development, Competition, and Innovation 
Act are achieving success based on relevant short-term and 
long-term metrics.’’. 
Subtitle K—Micro Act 
SEC. 10731. MICROELECTRONICS RESEARCH FOR ENERGY 
INNOVATION. 
(a) DEFINITIONS.—In this section: 
(1) CENTER.—The term ‘‘Center’’ means a 
Microelectronics Science Research Center established 
pursuant to subsection (d). 
(2) DEPARTMENT.—The term ‘‘Department’’ 
means the Department of Energy. 
(3) DIRECTOR.—The term ‘‘Director’’ means the 
Director of the Office of Science. 
(4) 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).
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† HR 4346 EAS2 
(5) INSTITUTION OF HIGHER EDUCATION.—The 
term ‘‘institution of higher education’’ has the mean-
ing given the term in section 101(a) of the Higher 
Education Act of 1965 (20 U.S.C. 1001(a)). 
(6) MICROELECTRONICS.—The term ‘‘microelec-
tronics’’ means— 
(A) a semiconductor and related materials; 
(B) processing chemistries; 
(C) design technologies; 
(D) fabrication technologies; 
(E) lithography technologies; 
(F) packaging technologies; 
(G) a sensor; 
(H) a device; 
(I) an integrated circuit; 
(J) a processor; 
(K) computing architecture; 
(L) modeling and simulation; 
(M) a software tool; and 
(N) any other related technology. 
(7) MINORITY-SERVING INSTITUTION.—The term 
‘‘minority-serving institution’’ means— 
(A) a Hispanic-serving institution (as de-
fined in section 502(a) of the Higher Education 
Act of 1965 (20 U.S.C. 1101a(a)));
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† HR 4346 EAS2 
(B) an Alaska Native-serving institution 
(as defined in section 317(b) of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1059d(b))); 
(C) a Native Hawaiian-serving institution 
(as defined in that section); 
(D) a Predominantly Black Institution (as 
defined in section 371(c) of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1067q(c))); 
(E) an Asian American and Native Amer-
ican Pacific Islander-serving institution (as de-
fined in that section); and 
(F) a Native American-serving nontribal 
institution (as defined in that section). 
(8) 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). 
(9) PROGRAM.—The term ‘‘program’’ means the 
program established under subsection (c)(1). 
(10) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Energy. 
(11) SKILLED
TECHNICAL
WORKFORCE.—The 
term ‘‘skilled technical workforce’’ has the meaning 
given the term in section 4(b)(3) of the Innovations
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in Mentoring, Training, and Apprenticeships Act (42 
U.S.C. 1862p note; Public Law 115–402). 
(12) TRIBAL
COLLEGE
OR
UNIVERSITY.—The 
term ‘‘Tribal College or University’’ has the meaning 
given the term in section 316 of the Higher Education 
Act of 1965 (20 U.S.C. 1059c). 
(13) WORK-BASED LEARNING.—The term ‘‘work- 
based learning’’ has the meaning given the term in 
section 3 of the Carl D. Perkins Career and Technical 
Education Act of 2006 (20 U.S.C. 2302). 
(b) FINDINGS.—Congress finds that— 
(1) the coming end of Moore’s Law presents 
major technological challenges and opportunities for 
the United States and has important implications for 
national security, economic competitiveness, and sci-
entific discovery; 
(2) future progress and innovation in microelec-
tronics, and the maintenance of a robust domestic 
microelectronics supply chain, will require an ap-
proach that advances relevant materials science, elec-
tronic and photonic device technologies, processing 
and packaging technologies, manufacturing tech-
nologies, circuit, chip, and system architecture, and 
software system and algorithm development in a co-
design fashion;
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(3) the National Laboratories possess unique 
technical expertise and user facilities that are essen-
tial to— 
(A) overcoming foundational research chal-
lenges relevant to the topics described in para-
graph (2); and 
(B) translating and transferring research 
outcomes to industry; and 
(4) the expertise and user facilities of the Na-
tional Laboratories described in paragraph (3) will 
enable the Department to drive advances in microelec-
tronics that are essential to meeting future needs in 
areas critical to the missions of the Department and 
the future competitiveness of the domestic microelec-
tronics industry, including high-performance com-
puting, emerging data-centric computing approaches 
and energy-efficient computing, optical sensors, 
sources, and wireless networks, and power electronics 
and electricity delivery systems. 
(c) MICROELECTRONICS RESEARCH PROGRAM.— 
(1) IN GENERAL.—The Secretary shall carry out 
a crosscutting program of research, development, and 
demonstration of microelectronics relevant to the mis-
sions of the Department to enable advances and 
breakthroughs that will—
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(A) accelerate underlying research and de-
velopment 
for 
design, 
development, 
and 
manufacturability of next-generation microelec-
tronics; and 
(B) ensure the global competitiveness of the 
United States in the field of microelectronics. 
(2) RESEARCH PROJECTS.— 
(A) IN GENERAL.—In carrying out the pro-
gram, the Secretary shall provide financial as-
sistance to eligible entities described in subpara-
graph (B) to carry out research projects in— 
(i) foundational science areas, includ-
ing— 
(I) materials sciences, chemical 
sciences, and plasma science synthesis 
and fabrication; 
(II) novel microelectronics devices, 
including emerging memory and stor-
age technologies; 
(III) diverse computing architec-
tures and paradigms, including analog 
computing and edge computing; 
(IV) data-driven modeling and 
simulation;
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(V) integrated sensing, power har-
vesting, and communications; 
(VI) component integration and 
subsystems; 
(VII) photonic integration and 
packaging; and 
(VIII) development of codesign 
frameworks for all stages of microelec-
tronics design, development, fabrica-
tion, and application; 
(ii) cybersecurity by design to result in 
trusted and resilient microelectronics; 
(iii) methods for leveraging advanced 
simulation and artificial intelligence to en-
hance codesign and discovery in microelec-
tronics; 
(iv) in consultation with the National 
Institute of Standards and Technology, fab-
rication and processing science and metrol-
ogy associated with microelectronics manu-
facturing, 
including 
lithography, 
pat-
terning, surface deposition, etching, and 
cleaning; 
(v) approaches for optimizing system- 
level energy efficiency of advanced com-
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puting systems, the electrical grid, power 
electronics, and other energy infrastructure; 
(vi) approaches for enhancing the du-
rability and lifetime of radiation-hardened 
electronics; 
(vii) enhancement of microelectronics 
security, including the development of inte-
grated devices, packages, and thermal man-
agement for severe environments and na-
tional security; 
(viii) in coordination with other rel-
evant initiatives of the Department, meth-
ods to improve the lifetime, maintenance, 
recycling, reuse, and sustainability of 
microelectronics components and systems, 
including technologies and strategies that 
reduce the use of energy, water, critical ma-
terials, and other commodities that the Sec-
retary determines are vulnerable to disrup-
tion; and 
(ix) methods and techniques for domes-
tic processing of materials for microelec-
tronics and components of microelectronics. 
(B) ELIGIBLE ENTITIES.—An eligible entity 
referred to in subparagraph (A) is—
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(i) an institution of higher education, 
including a historically Black college or 
university, a Tribal College or University, 
and a minority-serving institution; 
(ii) a nonprofit research organization; 
(iii) a State research agency; 
(iv) a National Laboratory; 
(v) a private commercial entity; 
(vi) a partnership or consortium of 2 
or more entities described in clauses (i) 
through (v); and 
(vii) any other entity that the Sec-
retary determines appropriate. 
(C) NOTIFICATION.—Not later than 30 days 
after the Secretary provides financial assistance 
to an eligible entity under subparagraph (A), the 
Secretary shall submit to the Committee on En-
ergy and Natural Resources of the Senate and 
the Committee on Science, Space, and Tech-
nology of the House of Representatives a notifi-
cation of the financial assistance provided, in-
cluding— 
(i) the criteria used by the Secretary to 
select the eligible entity receiving the finan-
cial assistance;
918 
† HR 4346 EAS2 
(ii) the manner in which the criteria 
described in clause (i) comport with the 
purposes of the program described in para-
graph (1); and 
(iii) a description of the research 
project that the eligible entity will carry out 
using the financial assistance. 
(3) TECHNOLOGY TRANSFER.—In carrying out 
the program, the Secretary, in coordination with the 
Director of the Office of Technology Transitions and 
in consultation with the private sector, shall— 
(A) support translational research and 
transfer of microelectronics technologies; and 
(B) identify emerging research and develop-
ment needs of industry and government for the 
benefit of United States economic competitive-
ness. 
(4) WORKFORCE
DEVELOPMENT.—In carrying 
out the program, the Secretary shall support— 
(A) workforce development through existing 
authorities and mechanisms available to the De-
partment, including internships, fellowships, in-
dividual investigator grants, and other activities 
the Secretary determines appropriate; and
919 
† HR 4346 EAS2 
(B) in consultation with the National 
Science Foundation, as appropriate, education 
and outreach activities— 
(i) to disseminate information and 
promote understanding of microelectronics 
and related fields among students at ele-
mentary school, secondary school, high 
school, undergraduate, and graduate levels; 
and 
(ii) that may include educational pro-
gramming with an emphasis on experien-
tial and project-based learning. 
(5) OUTREACH.—The Secretary shall conduct 
outreach to recruit applicants to the program and en-
gage participants from all regions of the United 
States, especially individuals from underserved com-
munities and groups historically underrepresented in 
science, technology, engineering, and mathematics. 
(6) COORDINATION.—In carrying out the pro-
gram, the Secretary shall— 
(A) coordinate across all relevant programs 
and offices of the Department; and 
(B) coordinate the research carried out 
under the program relating to microelectronics 
with activities carried out by other Federal agen-
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† HR 4346 EAS2 
cies and programs relating to microelectronics 
research, development, manufacturing, and sup-
ply chain security, including the programs au-
thorized under subsections (c) through (f) of sec-
tion 9906 of the William M. (Mac) Thornberry 
National Defense Authorization Act for Fiscal 
Year 2021 (15 U.S.C. 4656). 
(7) REPORT.—Not later than 180 days after the 
date of enactment of this Act, the Secretary shall sub-
mit to the Committee on Energy and Natural Re-
sources of the Senate and the Committee on Science, 
Space, and Technology of the House of Representa-
tives a report describing the goals, priorities, and an-
ticipated outcomes of the program. 
(8) FUNDING.—There are authorized to be ap-
propriated to the Secretary to carry out this sub-
section— 
(A) $75,000,000 for fiscal year 2023; 
(B) $100,000,000 for fiscal year 2024; 
(C) $100,000,000 for fiscal year 2025; 
(D) $100,000,000 for fiscal year 2026; and 
(E) $100,000,000 for fiscal year 2027. 
(d) MICROELECTRONICS SCIENCE RESEARCH CEN-
TERS.—
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† HR 4346 EAS2 
(1) IN GENERAL.—In carrying out the program, 
subject to the availability of appropriations, the Di-
rector shall establish not more than 4 Microelectronics 
Science Research Centers, each comprising 1 or more 
eligible entities— 
(A) to conduct mission-driven research to 
address foundational challenges in the design, de-
velopment, characterization, prototyping, dem-
onstration, and fabrication of microelectronics; 
and 
(B) to facilitate the translation of research 
results to industry. 
(2) ELIGIBLE ENTITIES.—An eligible entity re-
ferred to in paragraph (1) is— 
(A) a National Laboratory; 
(B) an institution of higher education, in-
cluding a historically Black college or university, 
a Tribal College or University, and a minority- 
serving institution; 
(C) a private commercial entity; 
(D) a research center; 
(E) a partnership or consortium of 2 or 
more entities described in subparagraphs (A) 
through (D); and
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† HR 4346 EAS2 
(F) any other entity that the Secretary de-
termines appropriate. 
(3) ACTIVITIES.—The activities of a Center shall 
include research, development, and demonstration ac-
tivities for— 
(A) accelerating the development of new 
microelectronics science and technology, includ-
ing materials, devices, circuits, systems, architec-
tures, fabrication tools, processes, diagnostics, 
modeling, synthesis, and, in consultation with 
the National Institute of Standards and Tech-
nology, metrology; 
(B) advancing the sustainability and en-
ergy efficiency of new microelectronics devices, 
packages, and systems; 
(C) application-driven codesign and proto-
typing of novel devices to facilitate laboratory-to- 
fabrication transition; 
(D) advancing knowledge and experimental 
capabilities in surface and materials science, 
plasma science, and computational and theo-
retical methods, including artificial intelligence, 
multiscale codesign, and advanced supercom-
puting capabilities to invent and manufacture 
revolutionary microelectronic devices;
923 
† HR 4346 EAS2 
(E) creating technology testbeds for proto-
typing platforms for validation and verification 
of new capabilities and sharing of ideas, intellec-
tual property, and the unique facilities of the 
Department; 
(F) supporting development of cybersecurity 
capabilities for computing architectures that 
measurably improve safety and security and are 
adaptable for existing and future applications; 
and 
(G) supporting long-term and short-term 
workforce development in microelectronics. 
(4) REQUEST FOR PROPOSALS; MERIT REVIEW.— 
(A) IN GENERAL.—The Director shall, at 
such time, in such manner, and containing such 
information as the Director determines to be ap-
propriate, issue a request for proposals from eli-
gible entities described in paragraph (2) seeking 
to be designated as a Center. 
(B) COMPETITIVE MERIT REVIEW.—The Di-
rector shall select eligible entities under subpara-
graph (A) through a competitive, merit-based 
process. 
(5) OPERATION.— 
(A) DURATION.—
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† HR 4346 EAS2 
(i) IN
GENERAL.—Each Center shall 
operate for a period of not more than 5 
years, unless renewed for an additional 5- 
year period in accordance with clause (ii). 
(ii) RENEWAL.— 
(I) INITIAL
RENEWAL.—In the 
case of a Center that has operated for 
not more than 5 years, the Director 
may renew support for the Center on a 
merit-reviewed basis for a period of not 
more than 5 years. 
(II) 10-YEAR OPERATION.—In the 
case of a Center that has operated for 
not less than 5 years but not more 
than 10 years, the Director may renew 
support for the Center on a competi-
tive, merit-reviewed basis for a period 
of not more than 5 years. 
(III) 
15-YEAR
OPERATION.—In 
the case of a Center that has operated 
for not less than 10 years but not more 
than 15 years, the Director may renew 
support for the Center on a merit-re-
viewed basis for a period of not more 
than 5 years.
925 
† HR 4346 EAS2 
(B) TERMINATION.—Consistent with the ex-
isting authorities of the Department, the Direc-
tor may terminate an underperforming Center 
during the performance period. 
(6) TECHNOLOGY TRANSFER.—The Director, in 
coordination with the Director of the Office of Tech-
nology Transitions, shall seek to enter into partner-
ships with industry groups to facilitate the trans-
lation and transfer of research results produced by the 
Centers. 
(7) COORDINATION.—The Secretary shall— 
(A) establish a coordinating network to co-
ordinate cross-cutting research and foster com-
munication and collaboration among the Cen-
ters; and 
(B) ensure coordination, and avoid unneces-
sary duplication, of the activities of each Center 
with the activities of— 
(i) other research entities of the De-
partment, including— 
(I) the Nanoscale Science Re-
search Centers; 
(II) the National Quantum Infor-
mation Science Research Centers;
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† HR 4346 EAS2 
(III) the Energy Frontier Re-
search Centers; 
(IV) the Energy Innovation Hubs; 
(V) the National Laboratories; 
and 
(VI) other offices of the Depart-
ment; 
(ii) the National Semiconductor Tech-
nology Center established under section 
9906(c)(1) of the William M. (Mac) Thorn-
berry National Defense Authorization Act 
for Fiscal Year 2021 (15 U.S.C. 4656(c)(1)); 
(iii) institutions of higher education; 
(iv) industry; and 
(v) relevant research activities carried 
out by other Federal agencies. 
(8) WORKFORCE
DEVELOPMENT.—Each Center 
shall support workforce development through— 
(A) incorporation of undergraduate stu-
dents, postdoctoral fellows, graduate students, 
and early career researchers, as well as elemen-
tary school, secondary school, and high school 
students, through opportunities such as dual-en-
rollment programs and work-based learning pro-
grams, as applicable;
927 
† HR 4346 EAS2 
(B) hands-on research and equipment train-
ing programs; 
(C) technical training and certificate pro-
grams for the skilled technical workforce; 
(D) facilitation of engagement among aca-
demic, industry, and laboratory researchers; and 
(E) public outreach activities, including to 
students at elementary school, secondary school, 
high school, undergraduate, and graduate levels, 
which may include educational programming 
with an emphasis on experiential and project- 
based learning. 
(9) OUTREACH.—The Director shall support the 
workforce development of Centers under paragraph 
(8) by conducting outreach to recruit applicants and 
engage participants from all regions of the United 
States, especially individuals from underserved com-
munities and groups historically underrepresented in 
science, technology, engineering, and mathematics. 
(10) INTELLECTUAL PROPERTY.—The Secretary 
shall ensure that the intellectual property and value 
proposition created by the Centers are retained within 
the United States. 
(11) NOTIFICATION.—
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† HR 4346 EAS2 
(C) $1,000,000,000 to carry out advanced 
manufacturing research, development, and dem-
onstration activities, excluding activities carried 
out pursuant to subparagraph (D); 
(D) $1,000,000,000 to carry out section 454 
of the Energy Independence and Security Act of 
2007 (42 U.S.C. 17113); 
(E) $600,000,000 to carry out advanced 
materials research, development, and demonstra-
tion activities, including relating to upcycling, 
recycling, and biobased materials; and 
(F) $800,000,000 to carry out renewable 
power research, development, and demonstration 
activities. 
(2) OFFICE
OF
ELECTRICITY.—In addition to 
amounts otherwise authorized to be appropriated or 
made available, there is authorized to be appropriated 
to the Secretary, acting through the Office of Elec-
tricity, for the period of fiscal years 2023 through 
2026, $1,000,000,000 to carry out electric grid mod-
ernization and security research, development, and 
demonstration activities. 
(3) OFFICE OF CYBERSECURITY, ENERGY SECU-
RITY, AND EMERGENCY RESPONSE.—In addition to 
amounts otherwise authorized to be appropriated or
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† HR 4346 EAS2 
(5) $250,000,000 for fiscal year 2027. 
TITLE 
VII—NATIONAL 
AERO-
NAUTICS AND SPACE ADMIN-
ISTRATION 
AUTHORIZATION 
ACT 
SEC. 10801. SHORT TITLE. 
This title may be cited as the ‘‘National Aeronautics 
and Space Administration Authorization Act of 2022’’. 
SEC. 10802. DEFINITIONS. 
In this title: 
(1) ADMINISTRATION.—The term ‘‘Administra-
tion’’ means the National Aeronautics and Space Ad-
ministration. 
(2) 
ADMINISTRATOR.—The 
term 
‘‘Adminis-
trator’’ means the Administrator of the National Aer-
onautics and Space Administration. 
(3) APPROPRIATE COMMITTEES OF CONGRESS.— 
Except as otherwise expressly provided, the term ‘‘ap-
propriate committees of Congress’’ means— 
(A) the Committee on Commerce, Science, 
and Transportation of the Senate; and 
(B) the Committee on Science, Space, and 
Technology of the House of Representatives. 
(4) CISLUNAR
SPACE.—The term ‘‘cislunar 
space’’ means the region of space beyond low-Earth