[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5685 Introduced in House (IH)]
<DOC>
116th CONGRESS
2d Session
H. R. 5685
To invest in basic scientific research and support technology
innovation for the economic and national security of the United States,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 28, 2020
Mr. Lucas (for himself, Mr. Weber of Texas, Mr. Babin, Mr. Marshall,
Mr. Baird, Mr. Gonzalez of Ohio, Mr. Waltz, Mr. Olson, Mr. Murphy of
North Carolina, Mr. Balderson, Mr. Posey, and Mr. Rooney of Florida)
introduced the following bill; which was referred to the Committee on
Science, Space, and Technology, and in addition to the Committees on
the Judiciary, Small Business, Natural Resources, and Foreign Affairs,
for a period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction of
the committee concerned
_______________________________________________________________________
A BILL
To invest in basic scientific research and support technology
innovation for the economic and national security of the United States,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Securing American Leadership in
Science and Technology Act of 2020''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Purposes.
TITLE I--NATIONAL SCIENCE AND TECHNOLOGY STRATEGY AND OFFICE OF SCIENCE
AND TECHNOLOGY POLICY
Subtitle A--National Science and Technology Strategy
Sec. 101. National science and technology strategy.
Sec. 102. Quadrennial science and technology review.
Subtitle B--Office of Science and Technology Policy
Sec. 111. Authorization of appropriations.
Sec. 112. GAO study on Federal research security.
TITLE II--DEPARTMENT OF ENERGY
Subtitle A--Office of Science
Sec. 201. Definitions.
Sec. 202. Basic energy sciences.
Sec. 203. Advanced scientific computing research.
Sec. 204. High energy physics.
Sec. 205. Biological and environmental research.
Sec. 206. Fusion energy.
Sec. 207. Nuclear physics.
Sec. 208. Science laboratories infrastructure program.
Sec. 209. Authorization of appropriations.
Subtitle B--Advanced Research Projects Agency-Energy
Sec. 211. Advanced Research Projects Agency-Energy.
Subtitle C--DOE Clean Energy Infrastructure
Sec. 221. Regional Energy Innovation Centers.
Sec. 222. Versatile neutron source.
Sec. 223. Carbon utilization research and development infrastructure.
Sec. 224. Frontier Observatory for Research in Geothermal Energy.
Sec. 225. Advanced energy storage initiative.
Sec. 226. Critical infrastructure research and construction.
TITLE III--NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY
Sec. 301. Findings.
Sec. 302. Authorization of appropriations.
Sec. 303. NIST Facilities Modernization Fund.
Sec. 304. Quantum information science.
Sec. 305. Cybersecurity research.
Sec. 306. Artificial intelligence and data science.
Sec. 307. Internet of things.
Sec. 308. Composites research.
Sec. 309. Enabling the future bioeconomy.
Sec. 310. International standards development.
Sec. 311. Review of the Center for Neutron Research.
Sec. 312. Hiring and management.
Sec. 313. National Institute of Standards and Technology Foundation.
Sec. 314. MEP outreach.
Sec. 315. Definitions.
TITLE IV--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
Sec. 401. Establishment of a technology transfer office.
Sec. 402. Technology transfer and transitions assessment.
Sec. 403. National Mesonet Program.
Sec. 404. Severe weather extramural testbeds.
Sec. 405. Next generation digital radar.
Sec. 406. Fellowships.
Sec. 407. Authorization of appropriations.
TITLE V--NATIONAL SCIENCE FOUNDATION
Sec. 501. Authorization of appropriations.
Sec. 502. NSF organizational review.
Sec. 503. Ethics and security plans.
Sec. 504. Major research instrumentation update.
Sec. 505. NSF mid-scale project investments.
Sec. 506. Reproducibility in science.
Sec. 507. Public-private partnerships.
Sec. 508. EPSCoR.
Sec. 509. Computing Enclave Pilot Program.
Sec. 510. Definitions.
TITLE VI--STEM WORKFORCE FOR THE 21ST CENTURY
Sec. 601. Findings; sense of Congress.
Sec. 602. Advanced technical education and skilled technical workforce.
Sec. 603. Graduate Research Fellowship Program update.
Sec. 604. Robert Noyce Teacher Scholarship Program Sense of Congress.
TITLE VII--ANTARCTIC SCIENCE AND CONSERVATION MODERNIZATION
Subtitle A--Antarctic Nongovernmental Activity Preparedness Act
Sec. 701. Congressional findings and declaration of purpose.
Sec. 702. Definitions.
Sec. 703. Obligation of persons organizing expeditions to prepare
contingency plans and obtain insurance.
Sec. 704. Certification of Compliance.
Sec. 705. Costs and administrative fees.
Sec. 706. Foreign expeditions.
Sec. 707. Civil penalties.
Sec. 708. Regulations.
Sec. 709. Effective date.
Subtitle B--Antarctic Environmental Liability Act of 2020
Sec. 711. Short title.
Sec. 712. Purpose.
Sec. 713. Implementing amendments.
Sec. 714. Effective date.
TITLE VIII--TECHNOLOGY TRANSFER AND INNOVATION
Sec. 801. Federal laboratory computer programs update.
Sec. 802. Extend CRADA information protection period.
Sec. 803. Stevenson-Wydler Act authority update.
Sec. 804. Royalty payments to Federal employees update.
Sec. 805. Government intellectual property clarification.
Sec. 806. Clarifying CRADA authority.
Sec. 807. Expansion of agreements for commercializing technology
authority.
Sec. 808. Other transaction authority.
Sec. 809. Nonprofit foundations.
Sec. 810. Improving reporting and metrics.
Sec. 811. Innovative approaches to technology transfer.
Sec. 812. DOE public-private partnerships for commercialization.
SEC. 3. PURPOSES.
The purpose of this Act is to ensure the continued leadership of
the United States in science and technology by--
(1) providing for a coordinated national science and
technology strategy for the economic and national security of
the United States;
(2) prioritizing investment in Federal basic research by
authorizing a doubling of basic research funding over the next
10 years at the Department of Energy, the National Science
Foundation, the National Institute of Standards and Technology,
and the National Oceanic and Atmospheric Administration;
(3) providing for investment in key areas necessary for the
competitiveness of the United States, including computing,
cybersecurity, artificial intelligence and autonomous
technology, materials and advanced manufacturing, energy and
climate, and the biosciences;
(4) providing for investment in critical science and
technology infrastructure to maintain world-class research and
user facilities;
(5) expanding the STEM workforce at all levels to meet the
demands of a 21st century economy;
(6) promoting regional innovation to support local economic
growth across all regions of the United States;
(7) maximizing the effectiveness of the Federal
Government's research and development activities;
(8) promoting collaboration among the Federal Government,
Federal laboratories, universities, and industry; and
(9) improving technology transfer from the Federal
Government and Federal laboratories to the private sector for
commercialization.
TITLE I--NATIONAL SCIENCE AND TECHNOLOGY STRATEGY AND OFFICE OF SCIENCE
AND TECHNOLOGY POLICY
Subtitle A--National Science and Technology Strategy
SEC. 101. NATIONAL SCIENCE AND TECHNOLOGY STRATEGY.
Section 206 of the National Science and Technology Policy,
Organization, and Priorities Act of 1976 (42 U.S.C. 6615) is amended to
read as follows:
``SEC. 206. NATIONAL SCIENCE AND TECHNOLOGY STRATEGY.
``(a) In General.--Not later than the end of each calendar year
immediately after the calendar year in which a review under section
206b is completed, the Director of the Office of Science and Technology
Policy, in consultation with the National Science and Technology
Council, shall develop and submit to Congress a comprehensive national
science and technology strategy of the United States to meet national
research and development objectives for the following 4-year period (in
this Act referred to as `the national science and technology
strategy').
``(b) Requirements.--Each national science and technology strategy
required by subsection (a) shall delineate a national science and
technology strategy consistent with--
``(1) the recommendations and priorities developed by the
review established in section 206b;
``(2) the most recent national security strategy report
submitted pursuant to section 1032 of the National Defense
Authorization Act for Fiscal Year 2012 (50 U.S.C. 3043);
``(3) other relevant national plans; and
``(4) the strategic plans of relevant Federal departments
and agencies.
``(c) Consultation.--The Director shall consult as necessary with
the Office of Management and Budget and other appropriate elements of
the Executive Office of the President to ensure that the
recommendations and priorities delineated in the science and technology
strategy are incorporated in the development of annual budget requests.
``(d) Report.--The President shall submit to Congress each year a
comprehensive report on the national science and technology strategy of
the United States. Each report on the national science and technology
strategy of the United States shall include a description of--
``(1) strategic objectives and priorities necessary to
maintain the leadership of the United States in science and
technology, including near-term, medium-term, and long-term
research priorities;
``(2) programs, policies, and activities that the President
recommends across all Federal agencies to achieve the strategic
objectives in paragraph (1); and
``(3) global trends in science and technology, including
potential threats to the leadership of the United States in
science and technology.
``(e) Publication.--The Director shall, consistent with the
protection of national security and other sensitive matters to the
maximum extent practicable, make each report submitted under subsection
(e) publicly available on an internet website of the Office of Science
and Technology Policy.''.
SEC. 102. QUADRENNIAL SCIENCE AND TECHNOLOGY REVIEW.
The National Science and Technology Policy, Organization, and
Priorities Act of 1976 (42 U.S.C. 6601 et seq.) is amended by inserting
after section 206:
``SEC. 206B. QUADRENNIAL SCIENCE AND TECHNOLOGY REVIEW.
``(a) Requirements.--
``(1) Quadrennial reviews required.--Not later than
December 31, 2020, and every 4 years thereafter, the Director
of the Office of Science and Technology Policy shall complete a
review of the science and technology enterprise of the United
States (in this section referred to as the `quadrennial science
and technology review').
``(2) Scope.--The quadrennial science and technology review
shall be a comprehensive examination of the science and
technology strategy of the United States, including
recommendations for maintaining global leadership in science
and technology and guidance on the coordination of programs,
assets, capabilities, budget, policies, and authorities across
all Federal research and development programs.
``(3) Consultation.--The Director of the Office of Science
and Technology shall conduct each quadrennial science and
technology review under this subsection in consultation with--
``(A) the National Science and Technology Council;
``(B) the heads of other relevant Federal agencies;
``(C) the President's Council of Advisors on
Science and Technology;
``(D) the National Science Board;
``(E) the National Security Council; and
``(F) other relevant governmental and
nongovernmental entities, including representatives
from industry, institutions of higher education,
nonprofit institutions, Members of Congress, and other
policy experts.
``(4) Coordination.--The Director shall ensure that each
quadrennial science and technology review conducted under this
section is coordinated with other relevant statutorily required
reviews, and to the maximum extent practicable incorporates
information and recommendations from existing reviews to avoid
duplication.
``(b) Contents.--In each quadrennial science and technology review,
the Director shall--
``(1) provide an integrated view of, and recommendations
for, science and technology policy across the Federal
Government, while considering economic and national security;
``(2) assess and recommend priorities for research,
development and demonstration programs to maintain American
leadership in science and technology;
``(3) assess the global competition in science and
technology and identify potential threats to the leadership of
the United States in science and technology;
``(4) assess and make recommendations on the science,
technology, engineering, mathematics and computer science
workforce in the United States;
``(5) assess and make recommendations to improve regional
innovation across the United States;
``(6) assess and identify the infrastructure and tools
needed to maintain the leadership of the United States in
science and technology; and
``(7) review administrative or legislative policies that
affect the science and technology enterprise and identify and
make recommendations on policies that hinder research and
development in the United States.
``(c) Reporting.--
``(1) In general.--Not later than December 31 of the year
in which a quadrennial science and technology review is
conducted, the Director shall submit a report of the review to
Congress.
``(2) Publication.--The Director shall, consistent with the
protection of national security and other sensitive matters to
the maximum extent possible, make each report submitted under
paragraph (1) publicly available on an internet website of the
Office of Science and Technology Policy.''.
Subtitle B--Office of Science and Technology Policy
SEC. 111. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for the Office of Science
and Technology Policy--
(1) $5,544,000 for fiscal year 2020;
(2) $6,100,000 for fiscal year 2021;
(3) $6,500,000 for fiscal year 2022;
(4) $6,500,000 for fiscal year 2023;
(5) $6,500,000 for fiscal year 2024;
(6) $6,500,000 for fiscal year 2025;
(7) $6,500,000 for fiscal year 2026;
(8) $6,500,000 for fiscal year 2027;
(9) $6,500,000 for fiscal year 2028; and
(10) $6,500,000 for fiscal year 2029.
SEC. 112. GAO STUDY ON FEDERAL RESEARCH SECURITY.
Not later than 1 year after the date of enactment of this Act, the
Comptroller General shall transmit to the Congress a report detailing
the results of a study on Federal science agency efforts to protect
federally funded research and development from foreign interference,
theft, or espionage. Such study shall include--
(1) an inventory of current policies, procedures, and
guidance for protecting federally funded intramural and
extramural research from foreign interference, theft, or
espionage;
(2) an inventory of policies and procedures for foreign
scientists participating in research or research administration
at Federal facilities, including Federal laboratories;
(3) an inventory of known security breaches and other
similar incidents of foreign interference, theft, or espionage
of intramural research, merit-review panels, or other Federal
grant administration activities;
(4) an assessment of the best practices at Federal agencies
for protecting federally funded research;
(5) an assessment of interagency coordination efforts on
policies and procedures on research security;
(6) an assessment of any potential consequences that any
agency practice would have on international collaboration and
United States leadership in science and technology; and
(7) recommendations for further steps that agencies should
take to protect federally funded research from foreign
interference, theft or espionage.
TITLE II--DEPARTMENT OF ENERGY
Subtitle A--Office of Science
SEC. 201. DEFINITIONS.
In this Act:
(1) Department.--The term ``Department'' means the
Department of Energy.
(2) Director.--The term ``Director'' means the Director of
the Office of Science of the Department.
(3) National laboratory.--The term ``National Laboratory''
has the meaning given that term in section 2 of the Energy
Policy Act of 2005 (42 U.S.C. 15801).
(4) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
SEC. 202. BASIC ENERGY SCIENCES.
(a) Program.--The Director shall carry out a fundamental research
program in basic energy sciences, including materials sciences and
engineering, chemical sciences, physical biosciences, and geosciences,
in order to provide the foundations for new energy technologies and to
support Department missions in energy, environment, and national
security.
(b) Basic Energy Sciences User Facilities.--Section 303(b)(3) of
the Department of Energy Research and Innovation Act (42 U.S.C. 18641)
is amended--
(1) in subparagraph (C), by striking ``and'';
(2) by redesignating subparagraph (D) as subparagraph (E);
and
(3) by inserting after subparagraph (C) the following:
``(D) autonomous chemistry and materials synthesis
facilities that leverage advances in artificial
intelligence; and''.
(c) Basic Energy Sciences Research Infrastructure.--
(1) Advanced photon source upgrade.--
(A) In general.--The Secretary shall provide for
the upgrade to the Advanced Photon Source described in
the publication approved by the Basic Energy Sciences
Advisory Committee on June 9, 2016, titled ``Report on
Facility Upgrades'', including the development of a
multi-bend achromat lattice to produce a high flux of
coherent x-rays within the hard x-ray energy region and
a suite of beamlines optimized for this source.
(B) Definitions.--In this paragraph:
(i) Flux.--The term ``flux'' means the rate
of flow of photons.
(ii) Hard x-ray.--The term ``hard x-ray''
means a photon with energy greater than 20
kiloelectron volts.
(C) Start of operations.--The Secretary shall, to
the maximum extent practicable, ensure that the start
of full operations of the upgrade under this paragraph
occurs before March 31, 2026.
(D) Funding.--Out of funds authorized to be
appropriated under section 209 for Basic Energy
Science, there shall be made available to the Secretary
to carry out the upgrade under this paragraph--
(i) $170,000,000 for fiscal year 2020;
(ii) $159,800,000 for fiscal year 2021;
(iii) $106,200,000 for fiscal year 2022;
and
(iv) $5,000,000 for fiscal year 2023.
(2) Spallation neutron source proton power upgrade.--
(A) In general.--The Secretary shall provide for a
proton power upgrade to the Spallation Neutron Source.
(B) Proton power upgrade defined.--For the purposes
of this paragraph, the term ``proton power upgrade''
means the Spallation Neutron Source power upgrade
described in--
(i) the publication of the Office of
Science of the Department of Energy titled
``Facilities for the Future of Science: A
Twenty-Year Outlook'', published December 2003;
(ii) the publication of the Office of
Science of the Department of Energy titled
``Four Years Later: An Interim Report on
Facilities for the Future of Science: A Twenty-
Year Outlook'', published August 2007; and
(iii) the publication approved by the Basic
Energy Sciences Advisory Committee on June 9,
2016, titled ``Report on Facility Upgrades''.
(C) Start of operations.--The Secretary shall, to
the maximum extent practicable, ensure that the start
of full operations of the upgrade under this paragraph
occurs before December 31, 2025.
(D) Funding.--Out of funds authorized to be
appropriated under section 209 for Basic Energy
Science, there shall be made available to the Secretary
to carry out the upgrade under this paragraph--
(i) $65,000,000 for fiscal year 2020;
(ii) $44,000,000 for fiscal year 2021; and
(iii) $35,000,000 for fiscal year 2022.
(3) Spallation neutron source second target station.--
(A) In general.--The Secretary shall provide for a
second target station for the Spallation Neutron
Source.
(B) Definition of second target station.--For the
purposes of this paragraph, the term ``second target
station'' means the Spallation Neutron Source second
target station described in--
(i) the publication of the Office of
Science of the Department of Energy titled
``Facilities for the Future of Science: A
Twenty-Year Outlook'', published December 2003;
(ii) the publication of the Office of
Science of the Department of Energy titled
``Four Years Later: An Interim Report on
Facilities for the Future of Science: A Twenty-
Year Outlook'', published August 2007; and
(iii) the publication approved by the Basic
Energy Sciences Advisory Committee on June 9,
2016, titled ``Report on Facility Upgrades''.
(C) Start of operations.--The Secretary shall, to
the maximum extent practicable, ensure that the start
of full operations of the second target station under
this paragraph occurs before December 31, 2030, with
the option for early operation in 2028.
(D) Funding.--Out of funds authorized to be
appropriated under section 209 for Basic Energy
Science, there shall be made available to the Secretary
to carry out activities, including construction, under
this paragraph--
(i) $15,000,000 for fiscal year 2020;
(ii) $25,000,000 for fiscal year 2021;
(iii) $50,000,000 for fiscal year 2022;
(iv) $200,000,000 for fiscal year 2023;
(v) $275,000,000 for fiscal year 2024;
(vi) $275,000,000 for fiscal year 2025;
(vii) $275,000,000 for fiscal year 2026;
(viii) $250,000,000 for fiscal year 2027;
and
(ix) $120,000,000 for fiscal year 2028.
(4) Advanced light source upgrade.--
(A) In general.--The Secretary shall provide for
the upgrade to the Advanced Light Source described in
the publication approved by the Basic Energy Sciences
Advisory Committee on June 9, 2016, titled ``Report on
Facility Upgrades'', including the development of a
multi-bend achromat lattice to produce a high flux of
coherent x-rays within the soft x-ray energy region.
(B) Definitions.--In this paragraph:
(i) Flux.--The term ``flux'' means the rate
of flow of photons.
(ii) Soft x-ray.--The term ``soft x-ray''
means a photon with energy in the range from 50
to 2,000 electron volts.
(C) Start of operations.--The Secretary shall, to
the maximum extent practicable, ensure that the start
of full operations of the upgrade under this paragraph
occurs before December 31, 2026.
(D) Funding.--Out of funds authorized to be
appropriated under section 209 for Basic Energy
Science, there shall be made available to the Secretary
to carry out the upgrade under this paragraph--
(i) $53,000,000 for fiscal year 2020;
(ii) $67,000,000 for fiscal year 2021;
(iii) $67,000,000 for fiscal year 2022;
(iv) $60,000,000 for fiscal year 2023;
(v) $59,200,000 for fiscal year 2024; and
(vi) $2,000,000 for fiscal year 2025.
(5) Linac coherent light source ii high energy upgrade.--
(A) In general.--The Secretary shall provide for
the upgrade to the Linac Coherent Light Source II
facility described in the publication approved by the
Basic Energy Sciences Advisory Committee on June 9,
2016, titled ``Report on Facility Upgrades'', including
the development of experimental capabilities for high
energy x-rays to reveal fundamental scientific
discoveries. The Secretary shall ensure the upgrade
under this paragraph enables the production and use of
high energy, ultra-short pulse x-rays delivered at a
high repetition rate.
(B) Definitions.--In this paragraph:
(i) High energy x-ray.--The term ``high
energy x-ray'' means a photon with an energy at
or exceeding 12 kiloelectron volts.
(ii) High repetition rate.--The term ``high
repetition rate'' means the delivery of x-ray
pulses up to 1 million pulses per second.
(iii) Ultra-short pulse x-rays.--The term
``ultra-short pulse x-rays'' means x-ray bursts
capable of durations of less than 100
femtoseconds.
(C) Start of operations.--The Secretary shall, to
the maximum extent practicable, ensure that the start
of full operations of the upgrade under this paragraph
occurs before December 31, 2025.
(D) Funding.--Out of funds authorized to be
appropriated under section 209 for Basic Energy
Science, there shall be made available to the Secretary
to carry out the upgrade under this paragraph--
(i) $54,000,000 for fiscal year 2020;
(ii) $64,000,000 for fiscal year 2021;
(iii) $70,000,000 for fiscal year 2022;
(iv) $80,000,000 for fiscal year 2023;
(v) $79,000,000 for fiscal year 2024; and
(vi) $37,000,000 for fiscal year 2025.
(d) Artificial Photosynthesis.--Subtitle G of title IX of the
Energy Policy Act of 2005 (42 U.S.C. 16311 et seq.) is amended--
(1) in section 973(b), by striking paragraph (4) and
inserting:
``(4)(A) Funding.--From within funds authorized to be
appropriated under section 209 of the Securing American
Leadership in Science and Technology Act of 2020 for Basic
Energy Science, the Secretary shall make available for carrying
out activities under this subsection $50,000,000 for each of
fiscal years 2020 through 2029.
``(B) Prohibition.--No funds allocated to the program
described in paragraph (1) may be obligated or expended for
commercial application of energy technology.''; and
(2) in section 975(c), by striking paragraph (4) and
inserting:
``(4)(A) Funding.--From within funds authorized to be
appropriated under section 209 of the Securing American
Leadership in Science and Technology Act of 2020 for Basic
Energy Science and Biological and Environmental Research, the
Secretary shall make available for carrying out activities
under this subsection $50,000,000 for each of fiscal years 2020
through 2029.
``(B) Prohibition.--No funds allocated to the program
described in paragraph (1) may be obligated or expended for
commercial application of energy technology.''.
(e) Electricity Storage Research Initiative.--Section 975 of the
Energy Policy Act of 2005 (42 U.S.C. 16315) is amended--
(1) in subsection (b), by striking paragraph (4) and
inserting:
``(4)(A) Funding.--From within funds authorized to be
appropriated under section 209 of the Securing American
Leadership in Science and Technology Act of 2020 for Basic
Energy Science, the Secretary shall make available for carrying
out activities under this subsection $50,000,000 for each of
fiscal years 2020 through 2029.
``(B) Prohibition.--No funds allocated to the program
described in paragraph (1) may be obligated or expended for
commercial application of energy technology.'';
(2) in subsection (c), by striking paragraph (4) and
inserting:
``(4)(A) Funding.--From within funds authorized to be
appropriated under section 209 of the Securing American
Leadership in Science and Technology Act of 2020 for Basic
Energy Science and Advanced Scientific Computing Research, the
Secretary shall make available for carrying out activities
under this subsection $30,000,000 for each of fiscal years 2020
through 2029.
``(B) Prohibition.--No funds allocated to the program
described in paragraph (1) may be obligated or expended for
commercial application of energy technology.''; and
(3) in subsection (d), by striking paragraph (4) and
inserting:
``(4)(A) Funding.--From within funds authorized to be
appropriated under section 209 of the Securing American
Leadership in Science and Technology Act of 2020 for Basic
Energy Science and Biological and Environmental Research, the
Secretary shall make available for carrying out activities
under this subsection $20,000,000 for each of fiscal years 2020
through 2029.
``(B) Prohibition.--No funds allocated to the program
described in paragraph (1) may be obligated or expended for
commercial application of energy technology.''.
(f) Computational Materials and Chemistry.--
(1) In general.--The Director shall support a program of
fundamental research for the application of advanced computing
practices to foundational and emerging research problems in
chemistry and materials science.
(2) Computational materials and chemistry science
centers.--
(A) In general.--In carrying out the activities
authorized under paragraph (1), the Director shall
select and establish up to four computational materials
and chemistry science centers to develop open-source,
robust, and validated computational codes and user-
friendly software, coupled with innovative use of
experimental and theoretical data, to enable the
design, discovery, and development of new materials and
chemical systems including chemical catalysis research
and development. These centers shall also focus on
overcoming challenges and maximizing the benefits of
exascale and other high performance computing systems.
(B) Selection.--The Director shall select centers
under paragraph (1) on a competitive, merit-reviewed
basis. The Director shall consider applications from
the National Laboratories, institutes of higher
education, multi-institutional collaborations, and
other appropriate entities.
(C) Duration.--A center established under this
subsection shall receive support for a period of not
more than 5 years, subject to the availability of
appropriations.
(D) Renewal.--Upon the expiration of any period of
support of a center under this subsection, the Director
may renew support for the center, on a merit-reviewed
basis, for a period of not more than 5 years.
(E) Termination.--Consistent with the existing
authorities of the Department, the Director may
terminate an underperforming center for cause during
the performance period.
(3) Materials research database.--
(A) In general.--The Director shall support the
development of a web-based platform to provide access
to a database of computed information on known and
predicted materials properties and computational tools
to accelerate breakthroughs in materials discovery and
design.
(B) Program.--In carrying out this section, the
Director shall--
(i) conduct cooperative research with
industry, academia, and other research
institutions to facilitate the design of novel
materials;
(ii) leverage existing high performance
computing systems to conduct high-throughput
calculations, and develop computational and
data mining algorithms for the prediction of
material properties;
(iii) advance understanding, prediction,
and manipulation of materials;
(iv) strengthen the foundation for new
technologies and advanced manufacturing; and
(v) drive the development of advanced
materials for applications that span the
Department's missions in energy, environment,
and national security.
(C) Coordination.--In carrying out this section,
the Director shall leverage programs and activities
across the Department.
SEC. 203. ADVANCED SCIENTIFIC COMPUTING RESEARCH.
(a) Program.--The Director shall carry out a research, development,
and demonstration program to advance computational and networking
capabilities to analyze, model, simulate, and predict complex phenomena
relevant to the development of new energy technologies and the
competitiveness of the United States.
(b) Beyond Exascale Computing Program.--
(1) In general.--The Secretary shall establish a program to
develop and implement a strategy for achieving computing
systems with capabilities beyond exascale computing systems. In
establishing this program, the Secretary shall--
(A) maintain foundational research programs in
mathematical, computational, and computer sciences
focused on new and emerging computing needs within the
mission of the Department, including but not limited to
post-Moore's law computing architectures, novel
approaches to modeling and simulation, artificial
intelligence and scientific machine learning, quantum
computing, and extreme heterogeneity; and
(B) retain best practices and maintain support for
essential hardware and software elements of the
Exascale Computing Project that are necessary for
sustaining the vitality of a long-term exascale
ecosystem.
(2) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary shall submit to the
Committee on Science, Space, and Technology of the House of
Representatives, and the Committee on Energy and Natural
Resources of the Senate, a report on the development and
implementation of the strategy outlined in paragraph (1).
(c) Applied Mathematics and Software Development for High-End
Computing Systems, Computational, and Computer Sciences Research.--
(1) In general.--The Director shall carry out activities to
develop, test, and support--
(A) mathematics, models, statistics, and algorithms
for modeling complex systems on advanced computing
architectures; and
(B) tools, languages, programming environments, and
operations for high-end computing systems (as defined
in section 2 of the American Super Computing Leadership
Act (15 U.S.C. 5541), as renamed by this section).
(2) Portfolio balance.--The Director shall maintain a
balanced portfolio within the advanced scientific computing
research and development program established under section 976
of the Energy Policy Act of 2005 (42 U.S.C. 16316) that
supports robust investment in--
(A) applied mathematical, computational, and
computer sciences research needs relevant to the
mission of the Department, including activities related
to data science, artificial intelligence, scientific
machine learning, quantum information science, and
other emerging areas; and
(B) associated high-performance computing hardware
and facilities.
(d) Energy Efficient Computing Program.--
(1) In general.--The Secretary shall support a program of
fundamental research, development, and demonstration of energy
efficient computing technologies relevant to advanced computing
applications in high performance computing, artificial
intelligence, and scientific machine learning.
(2) Execution.--
(A) Program.--In carrying out the program, the
Secretary shall--
(i) establish a partnership for National
Laboratories, industry partners, and
institutions of higher education for codesign
of energy efficient hardware, technology,
software, and applications across all
applicable program offices of the Department;
(ii) develop hardware and software
technologies that decrease the energy needs of
advanced computing practices;
(iii) consider multiple heterogeneous
computing architectures, including neuromorphic
computing, persistent computing, and ultrafast
networking; and
(iv) provide, as appropriate, on a
competitive, merit-reviewed basis, access for
researchers from institutions of higher
education, National Laboratories, industry, and
other Federal agencies to the energy efficient
computing technologies developed pursuant to
clause (i).
(B) Selection of partners.--In selecting
participants for the partnership established under
subparagraph (A)(i), the Secretary shall select
participants through a competitive, merit-review
process.
(3) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary shall submit to the
Committee on Science, Space, and Technology of the House of
Representatives, and the Committee on Energy and Natural
Resources of the Senate, a report on--
(A) the activities conducted under subparagraph
(A); and
(B) the coordination and management of the Program
to ensure an integrated research program across the
Department.
(e) Artificial Intelligence, Data Analytics, and Computational
Research.--
(1) In general.--The Secretary shall carry out a program to
develop tools for big data analytics by utilizing data sets
generated by Federal agencies, institutions of higher
education, nonprofit research organizations, and industry in
order to advance artificial intelligence technologies to solve
complex, big data challenges. The Secretary shall carry out
this program through a competitive, merit-reviewed process, and
consider applications from National Laboratories, institutions
of higher education, multi-institutional collaborations, and
other appropriate entities.
(2) Program components.--In carrying out the program
established under paragraph (1), the Secretary shall--
(A) establish a cross-cutting research initiative
to prevent duplication and coordinate research efforts
in artificial intelligence and data analytics across
the Department;
(B) conduct basic research in modeling and
simulation, artificial intelligence, machine learning,
large-scale data analytics, natural language
processing, and predictive analysis in order to develop
novel or optimized predictive algorithms suitable for
high-performance computing systems and large biomedical
data sets;
(C) develop multivariate optimization models to
accommodate large data sets with variable quality and
scale in order to visualize complex systems;
(D) establish multiple scientific computing user
facilities to serve as data enclaves capable of
securely storing data sets created by Federal agencies,
institutions of higher education, nonprofit
organizations, or industry at National Laboratories;
and
(E) promote collaboration and data sharing between
National Laboratories, research entities, and user
facilities of the Department by providing the necessary
access and secure data transfer capabilities.
(3) Report.--Not later than 2 years after the date of the
enactment of this Act, the Secretary shall submit to the
Committee on Science, Space, and Technology of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate a report evaluating the effectiveness
of the pilot program under paragraph (1), including basic
research discoveries achieved in the course of the program and
potential opportunities to expand the technical capabilities of
the Department through the development of artificial
intelligence and data analytics technologies.
(f) Energy Sciences Network.--
(1) In general.--The Secretary shall provide for an upgrade
to the Energy Sciences Network user facility in order to meet
Federal research needs for highly reliable data transport
capabilities optimized for the requirements of large-scale
science.
(2) Capabilities.--In carrying out paragraph (1), the
Secretary shall ensure the following capabilities:
(A) To provide high bandwidth scientific networking
across the continental United States and the Atlantic
Ocean.
(B) To maximize network reliability.
(C) To protect the network and data from cyber-
attacks.
(D) To support exponentially increasing levels of
data from the Department's scientific user facilities,
experiments, and sensors.
(E) To integrate heterogeneous computing frameworks
and systems.
(g) Quantum Science Network.--The Secretary shall provide for a
program to support the research, development, and demonstration of a
quantum computing network, which shall operate as a national user
facility.
(h) Workforce Development.--The Director of the Office of Advanced
Scientific Computing Research shall support the development of a
computational science workforce through a program that--
(1) facilitates collaboration between university students
and researchers at the National Laboratories; and
(2) endeavors to advance science in areas relevant to the
mission of the Department through the application of
computational science.
SEC. 204. HIGH ENERGY PHYSICS.
(a) Program.--The Director shall carry out a research program on
the fundamental constituents of matter and energy and the nature of
space and time in order to support theoretical and experimental
research in both elementary particle physics and fundamental
accelerator science and technology and understand fundamental
properties of the universe.
(b) Long-Baseline Neutrino Facility for Deep Underground Neutrino
Experiment.--
(1) In general.--The Secretary shall provide for a Long-
Baseline Neutrino Facility to facilitate the international Deep
Underground Neutrino Experiment to enable a program in neutrino
physics to measure the fundamental properties of neutrinos,
explore physics beyond the Standard Model, and better clarify
the nature of matter and antimatter.
(2) Facility capabilities.--The Secretary shall ensure that
the facility described in paragraph (1) will provide, at a
minimum, the following capabilities:
(A) A neutrino beam with wideband capability of 1.2
megawatts (MW) of beam power and upgradable to 2.4 MW
of beam power.
(B) Four caverns excavated for a 70 kiloton
fiducial detector mass and supporting surface buildings
and utilities.
(C) Neutrino detector facilities at both the Far
Site in South Dakota and the Near Site in Illinois to
categorize and study neutrinos on their 800-mile
journey between the two sites.
(D) Cryogenic systems to support neutrino
detectors.
(3) Start of operations.--The Secretary shall, to the
maximum extent practicable, ensure that the start of full
operations of the facility under this subsection occurs before
December 31, 2026.
(4) Funding.--Out of funds authorized to be appropriated
under section 209 for High Energy Physics, there shall be made
available to the Secretary to carry out activities, including
construction of the facility, under this subsection--
(A) $175,000,000 for fiscal year 2020;
(B) $225,000,000 for fiscal year 2021;
(C) $250,000,000 for fiscal year 2022;
(D) $250,000,000 for fiscal year 2023;
(E) $250,000,000 for fiscal year 2024;
(F) $250,000,000 for fiscal year 2025;
(G) $250,000,000 for fiscal year 2026;
(H) $250,000,000 for fiscal year 2027;
(I) $194,000,000 for fiscal year 2028; and
(J) $82,000,000 for fiscal year 2029.
(c) Proton Improvement Plan-II Accelerator Upgrade Project.--
(1) In general.--The Secretary of Energy shall provide for
the Proton Improvement Plan II (PIP-II), an upgrade to the
Fermilab accelerator complex identified in the 2014 Particle
Physics Project Prioritization Panel (P5) report titled
``Building for Discovery'', to provide the world's most intense
beam of neutrinos to the international LBNF/DUNE experiment as
well as a broad range of future high energy physics
experiments. The Secretary of Energy shall work with
international partners to provide key contributions.
(2) Facility capabilities.--The Secretary shall ensure that
the facility described in paragraph (1) will provide, at a
minimum, the following capabilities:
(A) A state-of-the-art 800 megaelectron volt (MeV)
superconducting linear accelerator.
(B) Proton beam power of 1.2 MW at the start of
LBNF/DUNE, upgradeable to 2.4 MW of beam power.
(C) A flexible design to enable high power beam
delivery to multiple users simultaneously and
customized beams tailored to specific scientific needs.
(D) Sustained high reliability operation of the
Fermilab accelerator complex.
(3) Start of operations.--The Secretary shall, to the
maximum extent practicable, ensure that the start of full
operations of the facility under this section occurs before
December 31, 2027.
(4) Funding.--Out of funds authorized to be appropriated
under section 209 for High Energy Physics, there shall be made
available to the Secretary to carry out activities, including
construction of the facility, under this subsection--
(A) $60,000,000 for fiscal year 2020;
(B) $120,000,000 for fiscal year 2021;
(C) $120,000,000 for fiscal year 2022;
(D) $120,000,000 for fiscal year 2023;
(E) $120,000,000 for fiscal year 2024;
(F) $115,000,000 for fiscal year 2025;
(G) $85,000,000 for fiscal year 2026; and
(H) $45,000,000 for fiscal year 2027.
(d) International Collaboration.--Section 305(b) of the Department
of Energy Research and Innovation Act (42 U.S.C. 18643(b)) is amended
to read as follows:
``(b) International Collaboration.--The Director shall--
``(1) as practicable and in coordination with other
appropriate Federal agencies as necessary, ensure the access of
United States researchers to the most advanced accelerator
facilities and research capabilities in the world, including
the Large Hadron Collider;
``(2) to the maximum extent practicable, continue to
leverage United States participation in the Large Hadron
Collider, and prioritize expanding international partnerships
and investments in the Long-Baseline Neutrino Facility/Deep
Underground Neutrino Experiment; and
``(3) to the maximum extent practicable, prioritize
engagement in collaborative efforts in support of future
international facilities that would provide access to United
States researchers of the most advanced accelerator facilities
in the world.''.
(e) Accelerator and Detector Upgrades.--The Director shall upgrade
accelerator facilities and detectors, as necessary and appropriate, to
increase beam power, sustain high reliability, and improve precision
measurement to advance the highest priority particle physics research
programs. In carrying out facility upgrades, the Director shall
continue to work with international partners, when appropriate and in
the United States interest, to leverage investments and expertise in
critical technologies to maintain leading facilities in the United
States.
(f) Accelerator and Detector Research and Development.--The
Director shall carry out a program in accelerator and detector research
and development, in order to develop and deploy next generation
technologies to support discovery science in particle physics.
(g) Research Collaborations.--In developing accelerator
technologies under the program authorized in subsection (e), the
Director shall--
(1) consider the requirements necessary to support
translational research and development for medical, industrial,
security, and defense applications; and
(2) leverage investments in accelerator technologies and
basic research in particle physics by partnering with
institutes of higher education, industry, and other Federal
agencies to help commercialize technologies with promising
applications.
SEC. 205. BIOLOGICAL AND ENVIRONMENTAL RESEARCH.
(a) Program.--The Director shall carry out a program of basic
research in the areas of biological systems science and environmental
science relevant to the development of new energy technologies and to
support Department missions in energy, environment, and national
security.
(b) Bioenergy Research Centers.--
(1) In general.--In carrying out activities under
subsection (a), the Director shall select and establish up to
four bioenergy research centers to conduct basic and
fundamental research in plant and microbial systems biology,
bio imaging and analysis, and genomics to inform the production
of fuels, chemicals from sustainable biomass resources, and to
facilitate the translation of basic research results to
industry.
(2) Selection.--The Director shall select centers under
paragraph (1) on a competitive, merit-reviewed basis. The
Director shall consider applications from National
Laboratories, multi-institutional collaborations, and other
appropriate entities.
(3) Duration.--A center established under this subsection
shall receive support for a period of not more than 5 years,
subject to the availability of appropriations.
(4) Existing centers.--The Director may select a center for
participation under this subsection that is in existence, or
undergoing a renewal process, on the date of enactment of this
Act. Such center shall be eligible to receive support for the
duration the 5-year period beginning on the date of
establishment of such center.
(5) Renewal.--Upon the expiration of any period of support
of a center under this subsection, the Director may renew
support for the center, on a merit-reviewed basis, for a period
of not more than 5 years.
(6) Termination.--Consistent with the existing authorities
of the Department, the Director may terminate an
underperforming center for cause during the performance period.
(c) Low-Dose Radiation Research Program.--
(1) In general.--The Secretary shall carry out a basic
research program on low-dose and low dose-rate radiation to--
(A) enhance the scientific understanding of, and
reduce uncertainties associated with, the effects of
exposure to low-dose and low dose-rate radiation; and
(B) inform improved risk-assessment and risk-
management methods with respect to such radiation.
(2) Program components.--In carrying out the program
required under paragraph (1), the Secretary shall--
(A) formulate scientific goals for low-dose
radiation and low dose-rate radiation basic research in
the United States;
(B) identify ongoing scientific challenges for
understanding the long-term effects of ionizing
radiation on biological systems;
(C) develop a long-term strategic and prioritized
basic research agenda to address such scientific
challenges in coordination with other research efforts;
(D) identify and, to the extent possible, quantify,
potential monetary and health-related benefits to
Federal agencies, the general public, industry,
research communities, and other users of information
produced by such research program;
(E) leverage the collective body of knowledge from
existing low-dose and low dose-rate radiation research;
and
(F) engage with other Federal agencies, research
communities, and potential users of information
produced under this section, including institutions
concerning radiation research, medical physics,
radiology, health physics, and emergency response.
(3) Coordination.--In carrying out the program required
under paragraph (1), the Secretary, in coordination with the
Physical Science Subcommittee of the National Science and
Technology Council, shall--
(A) support the directives under section 106 of the
American Innovation and Competitiveness Act (42 U.S.C.
6601 note);
(B) ensure that the Office of Science of the
Department of Energy consults and coordinates with the
National Aeronautics and Space Administration, the
National Institutes of Health, the Environmental
Protection Agency, the Department of Defense, the
Nuclear Regulatory Commission, and the Department of
Homeland Security;
(C) advise and assist the National Science and
Technology Council on policies and initiatives in
radiation biology, including enhancing scientific
knowledge of the effects of low-dose and low dose-rate
radiation on biological systems to improve radiation
risk-assessment and risk-management methods; and
(D) identify opportunities to stimulate
international cooperation relating to low-dose and low
dose-rate radiation and leverage research and knowledge
from sources outside of the United States.
(4) Research plan.--Not later than 180 days after the date
of enactment of this Act, the Secretary shall transmit to the
Committee on Science, Space, and Technology of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate a 4-year research plan that identifies
and prioritizes basic research needs relating to low-dose and
low dose-rate radiation. In developing such plan, the Secretary
shall incorporate the components described in paragraph (2).
(5) Low-dose radiation defined.--In this section, the term
``low-dose radiation'' means a radiation dose of less than 100
millisieverts.
(6) Low dose-rate radiation defined.--In this section, the
term ``low dose-rate radiation'' means a radiation dose rate of
less than 5 millisieverts per hour.
(7) Rule of construction.--Nothing in this section shall be
construed to subject any research carried out by the Secretary
for the program under this section to any limitations described
in section 977(e).
(8) Funding.--For purposes of carrying out this section,
the Secretary is authorized to make available from funds
provided to the Biological and Environmental Research Program--
(A) $20,000,000 for fiscal year 2020;
(B) $20,000,000 for fiscal year 2021;
(C) $30,000,000 for fiscal year 2022;
(D) $30,000,000 for fiscal year 2023;
(E) $40,000,000 for fiscal year 2024;
(F) $40,000,000 for fiscal year 2025;
(G) $50,000,000 for fiscal year 2026;
(H) $50,000,000 for fiscal year 2027;
(I) $60,000,000 for fiscal year 2028; and
(J) $60,000,000 for fiscal year 2029.
(d) Earth and Environmental Systems Research.--
(1) In general.--The Director shall carry out a program of
fundamental research to develop high-resolution Earth system
modeling, analysis, and intercomparison capabilities, in order
to further the understanding of the biological, biogeochemical,
and physical processes across the multiple scales that control
the flux of environmentally relevant compounds between the
terrestrial surface and the atmosphere.
(2) Prioritization.--In carrying out the program authorized
under paragraph (1), the Director shall prioritize--
(A) the development of software and algorithms to
enable the productive application of environmental
systems models in high-performance computing systems;
and
(B) capabilities that support the Department's
mission needs for energy and infrastructure security,
resilience, and reliability.
(3) User facilities.--
(A) In general.--In carrying out the activities
authorized under paragraph (1), the Director shall
establish and operate user facilities to advance the
collection, validation, and analysis of atmospheric
data, including activities to advance knowledge and
improve model representations and measure the impact of
atmospheric gases, aerosols, and clouds on earth and
environmental systems.
(B) Existing facilities.--To the maximum extent
practicable, the Director shall utilize existing
facilities to carry out this subsection.
(C) Selection.--The Director shall select user
facilities under paragraph (1) on a competitive, merit-
reviewed basis. The Director shall consider
applications from the National Laboratories, institutes
of higher education, multi-institutional
collaborations, and other appropriate entities.
(D) Termination.--Consistent with the existing
authorities of the Department, the Director may
terminate an underperforming user facility for cause
during the performance period.
(4) Coordination.--In carrying out the program authorized
in paragraph (1), the Director shall ensure that the Office of
Science--
(A) consults and coordinates with the National
Oceanic Atmospheric Administration, the Environmental
Protection Agency, and any other relevant Federal
agency on the collection, validation, and analysis of
atmospheric data; and
(B) coordinates with relevant stakeholders,
including institutes of higher education, nonprofit
research institutions, industry, State, local, and
tribal governments, and other appropriate entities to
ensure access to the best available relevant
atmospheric and historical weather data.
(e) Coastal Zone Research Initiative.--
(1) In general.--The Director shall carry out a basic
research program to enhance the understanding of coastal
ecosystems. In carrying out this program, the Director shall
prioritize efforts to enhance the collection of observational
data, and shall develop models to analyze the ecological,
biogeochemical, hydrological and physical processes that
interact in coastal zones.
(2) National system for coastal data collection.--The
Director shall establish an integrated system of field research
sites in order to improve the quantity and quality of
observational data, and that encompass at least three of the
major land-water interfaces of the United States, including--
(A) the Great Lakes region;
(B) the Pacific coast;
(C) the Atlantic coast;
(D) the Arctic; and
(E) the Gulf coast.
(3) Existing infrastructure.--In carrying out the programs
and establishing the field research sites under paragraph (1)
and (2), the Secretary shall leverage existing Department of
Energy R&D infrastructure, including the Department's existing
marine sciences lab.
(4) Coordination.--For the purposes of carrying out the
programs and establishing the field research sites under the
Initiative, the Secretary may enter into agreements with
Federal Departments and agencies with complementary
capabilities.
(5) Report.--Not less than 2 years after the date of the
enactment of this Act, the Director shall provide to the
Committee on Science, Space, and Technology and the Committee
on Appropriations of the House of Representatives and the
Committee on Energy and Natural Resources and the Committee on
Appropriations of the Senate a report examining whether the
system described in this section should be established as a
National User Facility.
(f) Biological and Environmental Research User Facilities.--
(1) In general.--The Director shall carry out a program for
the development, construction, operation, and maintenance of
user facilities to enhance the collection and analysis of
observational data related to complex biological, earth, and
environmental systems.
(2) Facility requirements.--To the maximum extent
practicable, the user facilities developed, constructed,
operated, or maintained under paragraph (1) shall include--
(A) distributed field research and observation
platforms for understanding earth system processes;
(B) instruments and modeling resources for
understanding the physical, chemical, and cellular
processes of biological and environmental systems;
(C) integrated high-throughput sequencing, DNA
design and synthesis, metabolomics and computational
analysis; and
(D) such other facilities as the Director considers
appropriate, consistent with section 209 of the
Department of Energy Organization Act (42 U.S.C. 7139).
(3) Existing facilities.--In carrying out the program
established in paragraph (1), the Director is encouraged to
evaluate the capabilities of existing user facilities and, to
the maximum extent practicable, invest in modernization of
those capabilities to address emerging research priorities.
SEC. 206. FUSION ENERGY.
(a) Program.--The Director shall carry out a fusion energy sciences
research program to expand the understanding of plasmas and matter at
very high temperatures and densities and build the science and
engineering foundation needed to develop a fusion energy source.
(b) Public-Private Partnerships.--
(1) In general.--In carrying out the program authorized in
subsection (a), the Secretary shall, to the maximum extent
practicable, make available fusion energy science
infrastructure to industry partners in order to achieve faster
and cost-effective development of fusion energy technologies
toward commercial readiness. In carrying out this subsection,
the Secretary shall make available--
(A) experimental capabilities and testing
facilities;
(B) computational capabilities, modeling and
simulation tools;
(C) access to existing datasets and data validation
tools; and
(D) land use and site information for demonstration
facilities.
(2) Selection.--
(A) In general.--The Secretary shall select
industry partners for awards on a competitive, merit-
reviewed basis.
(B) Considerations.--In selecting industry
stakeholders under subparagraph (A), the Secretary
shall consider--
(i) the information disclosed by the
Department under this subsection; and
(ii) any existing facilities the Department
will provide for public-private partnership
activities.
(3) Term.--An award made to an industry partner under this
section shall be for a period of not more than 5 years, subject
to the availability of appropriations, after which the award
may be renewed, subject to a rigorous merit review.
(c) High-Performance Computation Collaborative Research Program.--
(1) In general.--The Secretary shall carry out a program to
conduct and support collaborative research, development, and
demonstration of fusion energy technologies, through high-
performance computation modeling and simulation techniques, in
order to--
(A) support basic science research in plasmas and
matter at very high temperatures and densities;
(B) inform the development of a broad range of
fusion energy systems; and
(C) facilitate the translation of basic research
results in fusion energy science to industry.
(2) Coordination.--In carrying out the program under
paragraph (1), the Secretary shall coordinate with relevant
Federal agencies, and prioritize the following objectives:
(A) Using expertise from the private sector,
institutions of higher education, and the National
Laboratories to develop computational software and
capabilities that prospective users may accelerate
research and development of fusion energy systems.
(B) Developing computational tools to simulate and
predict fusion energy science phenomena that may be
validated through physical experimentation.
(C) Increasing the utility of the research
infrastructure of the Department by coordinating with
the Advanced Scientific Computing Research program
within the Office of Science.
(D) Leveraging experience from existing modeling
and simulation entities sponsored by the Department.
(E) Ensuring that new experimental and
computational tools are accessible to relevant research
communities, including private sector entities engaged
in fusion energy technology development.
(3) Duplication.--The Secretary shall ensure the
coordination of, and avoid unnecessary duplication of, the
activities of this program with the activities of--
(A) other research entities of the Department,
including the National Laboratories, the Advanced
Research Projects Agency-Energy, the Advanced
Scientific Computing Research program; and
(B) industry.
(4) High-performance computing for fusion innovation hub.--
In carrying out the program under paragraph (1), the Secretary
shall establish and operate a national High-Performance
Computing for Fusion Innovation Hub (referred to in this
section as the ``Hub''), which shall focus on the early stage
research and development activities described under paragraph
(1).
(d) Selection.--The Secretary shall select the Hub under this
subsection on a competitive, merit-reviewed basis. The Secretary shall
consider applications from National Laboratories, institutions of
higher education, multi-institutional collaborations, and other
appropriate entities.
(e) Duration.--The Hub established under this subsection shall
receive support for a period of not more than 5 years, subject to the
availability of appropriations.
(f) Renewal.--Upon the expiration of any period of support of the
Hub, the Secretary may renew support for the Hub, on a merit-reviewed
basis, for a period of not more than 5 years.
(g) Termination.--Consistent with the existing authorities of the
Department, the Secretary may terminate the Hub for cause during the
performance period.
(h) Tokamak Research and Development.--Section 307(b) of the
Department of Energy Research and Innovation Act (42 U.S.C. 18645(b))
is amended to read as follows:
``(b) Tokamak Research and Development.--
``(1) In general.--The Director shall support research and
development activities and facility operations to optimize the
tokamak approach to fusion energy.
``(2) International thermonuclear experimental reactor
construction.--
``(A) In general.--There is authorized United
States participation in the construction and operations
of the ITER project, as agreed to under the April 25,
2007 `Agreement on the Establishment of the ITER
International Fusion Energy Organization for the Joint
Implementation of the ITER Project'.
``(B) Facility requirements.--The Secretary shall
ensure that the mission-oriented user facility will
enable the study of a burning plasma, and shall be
built to have the following characteristics in its full
configuration:
``(i) A tokamak device with a plasma radius
of 6.2 meters and a magnetic field of 5.3 T.
``(ii) Capable of creating and sustaining a
15-million-Ampere plasma current for greater
than 300 seconds.
``(C) Authorization of appropriations.--From within
funds authorized to be appropriated under section 209
of the Securing American Leadership in Science and
Technology Act of 2020 for Fusion Energy Sciences,
there are authorized to carry out this paragraph--
``(i) $242,000,000 for fiscal year 2020;
``(ii) $290,400,000 for fiscal year 2021;
``(iii) $338,800,000 for fiscal year 2022;
``(iv) $387,200,000 for fiscal year 2023;
``(v) $435,600,000 for fiscal year 2024;
``(vi) $484,000,000 for fiscal year 2025;
``(vii) $435,600,000 for fiscal year 2026;
``(viii) $387,200,000 for fiscal year 2027;
``(ix) $338,800,000 for fiscal year 2028;
and
``(x) $290,400,000 for fiscal year 2029.''.
(i) Inertial Fusion Energy Research and Development Program.--
Section 307(c) of the Department of Energy Research and Innovation Act
(42 U.S.C. 18645(c)) is amended to read as follows:
``(c) Inertial Fusion Research and Development.--
``(1) In general.--The Director shall carry out a program
of research and technology development in inertial fusion for
energy applications, including ion beam, laser, and pulsed
power fusion systems.
``(2) Laser research initiative.--The Director shall
establish a high intensity laser research program consistent
with the recommendations of the National Academy of Science
Report, `Opportunities in Intense Ultrafast Lasers: Reaching
for the Brightest Light' and the Brightest Light Initiative
workshop report. This program shall include research to develop
petawatt-scale laser technologies necessary to facilitate
discovery science and to advance energy technologies, and to
restore U.S. leadership in high intensity laser facilities.''.
(j) Alternative and Enabling Concepts.--Section 307(d) of the
Department of Energy Research and Innovation Act (42 U.S.C. 18645(d))
is amended as follows:
``(d) Alternative and Enabling Concepts.--
``(1) In general.--As part of the program described in
subsection (a), the Director shall support research and
development activities and facility operations at United States
universities, national laboratories, and private facilities for
a portfolio of alternative and enabling fusion energy concepts
that may provide solutions to significant challenges to the
establishment of a commercial magnetic fusion power plant,
prioritized based on the ability of the United States to play a
leadership role in the international fusion research community.
``(2) Activities.--Fusion energy concepts and activities
explored under this paragraph may include--
``(A) high magnetic field approaches facilitated by
high temperature superconductors;
``(B) advanced stellarator concepts;
``(C) non-tokamak confinement configurations
operating at low magnetic fields;
``(D) magnetized target fusion energy concepts;
``(E) liquid metals to address issues associated
with fusion plasma interactions with the inner wall of
the encasing device;
``(F) immersion blankets for heat management and
fuel breeding;
``(G) advanced scientific computing activities; and
``(H) other promising fusion energy concepts
identified by the Director.''.
SEC. 207. NUCLEAR PHYSICS.
Section 308 of the Department of Energy Research and Innovation Act
(42 U.S.C. 18646) is amended by inserting at the end the following:
``(c) Facility for Rare Isotope Beams.--
``(1) In general.--The Secretary shall provide for a
Facility for Rare Isotope Beams to advance the understanding of
rare nuclear isotopes and the evolution of the cosmos.
``(2) Facility capability.--In carrying out paragraph (1),
the Secretary shall provide for, at a minimum, a rare isotope
beam facility capable of 400 kW of beam power.
``(3) Start of operations.--The Secretary shall, to the
maximum extent practicable, ensure that the start of full
operations of the facility under this subsection occurs before
June 30, 2022.
``(4) Funding.--Out of funds authorized to be appropriated
under section 209 of the Securing American Leadership in
Science and Technology Act of 2020 for Nuclear Physics, there
shall be made available to the Secretary to carry out
activities, including construction of the facility, under this
subsection--
``(A) $64,000,000 for fiscal year 2020;
``(B) $36,300,000 for fiscal year 2021;
``(C) $24,000,000 for fiscal year 2022;
``(D) $15,000,000 for fiscal year 2023; and
``(E) $15,000,000 for fiscal year 2024.
``(d) Electron-Ion Collider.--
``(1) In general.--The Secretary shall provide for an
Electron Ion Collider as described in the 2015 Nuclear Science
Advisory Committee's Long Range Plan and endorsed by the report
from the National Academies of Science, Engineering, and
Medicine report titled `An Assessment of U.S.-Based Electron-
Ion Collider Science', in order to measure the internal
structure of the proton and the nucleus and answer fundamental
questions about the nature of visible matter.
``(2) Facility capability.--The Secretary shall ensure that
the facility meets the requirements in the 2015 Long Range
Plan, including--
``(A) at least 70 percent polarized beams of
electrons and light ions;
``(B) ion beams from deuterium to the heaviest
nuclei;
``(C) variable center of mass energy from 20 to 140
GeV; high luminosity of 1033-1034 cm-2s-1; and
``(D) the possibility of more than one interaction
region.
``(3) Start of operations.--The Secretary shall, to the
maximum extent practicable, ensure that the start of full
operations of the facility under this section occurs before
December 31, 2030.''.
SEC. 208. SCIENCE LABORATORIES INFRASTRUCTURE PROGRAM.
Section 309 of the Department of Energy Research and Innovation Act
of 2018 (42 U.S.C. 18647) is amended by adding at the end the
following:
``(c) Use of Available Approaches and Mechanisms.--In carrying out
this section, the Director shall utilize all available approaches and
mechanisms, including capital line items, minor construction projects,
energy savings performance contracts, utility energy service contracts,
alternative financing, and expense funding, as appropriate.
``(d) Mid-Scale Instrumentation Program.--The Director shall
establish a mid-scale instrumentation program to enable the development
and acquisition of novel, state-of-the-art instruments that would
significantly accelerate scientific breakthroughs at national
laboratory user facilities.''.
SEC. 209. AUTHORIZATION OF APPROPRIATIONS.
(a) Fiscal Year 2020.--There are authorized to be appropriated to
the Secretary for the Office of Science for fiscal year 2020
$7,000,000,000, of which--
(1) $2,213,000,000 shall be for Basic Energy Science;
(2) $1,045,000,000 shall be for High Energy Physics;
(3) $750,000,000 shall be for Biological and Environmental
Research;
(4) $713,000,000 shall be for Nuclear Physics;
(5) $980,000,000 shall be for Advanced Scientific Computing
Research;
(6) $671,000,000 shall be for Fusion Energy Sciences;
(7) $301,000,000 shall be for Science Laboratories
Infrastructure;
(8) $186,300,000 shall be for Science Program Direction;
(9) $112,700,000 shall be for Safeguards and Security; and
(10) $28,000,000 shall be for Workforce Development for
Teachers and Scientists.
(b) Fiscal Year 2021.--There are authorized to be appropriated to
the Secretary for the Office of Science for fiscal year 2021
$7,900,940,874, of which--
(1) $2,685,840,000 shall be for Basic Energy Science;
(2) $1,135,584,317 shall be for High Energy Physics;
(3) $816,925,453 shall be for Biological and Environmental
Research;
(4) $799,544,060 shall be for Nuclear Physics;
(5) $1,160,020,000 shall be for Advanced Scientific
Computing Research;
(6) $699,360,000 shall be for Fusion Energy Sciences;
(7) $279,468,000 shall be for Science Laboratories
Infrastructure;
(8) $190,393,200 shall be for Science Program Direction;
(9) $110,396,844 shall be for Safeguards and Security; and
(10) $23,409,000 shall be for Workforce Development for
Teachers and Scientists.
(c) Fiscal Year 2022.--There are authorized to be appropriated to
the Secretary for the Office of Science for fiscal year 2022
$8,559,100,770, of which--
(1) $2,945,760,000 shall be for Basic Energy Science;
(2) $1,213,376,476 shall be for High Energy Physics;
(3) $872,888,179 shall be for Biological and Environmental
Research;
(4) $854,316,090 shall be for Nuclear Physics;
(5) $1,272,280,000 shall be for Advanced Scientific
Computing Research;
(6) $767,040,000 shall be for Fusion Energy Sciences;
(7) $302,757,000 shall be for Science Laboratories
Infrastructure;
(8) $194,201,064 shall be for Science Program Direction;
(9) $112,604,781 shall be for Safeguards and Security; and
(10) $23,877,180 shall be for Workforce Development for
Teachers and Scientists.
(d) Fiscal Year 2023.--There are authorized to be appropriated to
the Secretary for the Office of Science for fiscal year 2023
$9,217,390,345, of which--
(1) $3,205,680,000 shall be for Basic Energy Science;
(2) $1,291,168,634 shall be for High Energy Physics;
(3) $928,850,905 shall be for Biological and Environmental
Research;
(4) $909,088,120 shall be for Nuclear Physics;
(5) $1,384,540,000 shall be for Advanced Scientific
Computing Research;
(6) $834,720,000 shall be for Fusion Energy Sciences;
(7) $326,046,000 shall be for Science Laboratories
Infrastructure;
(8) $198,085,085 shall be for Science Program Direction;
(9) $114,856,876 shall be for Safeguards and Security; and
(10) $24,354,724 shall be for Workforce Development for
Teachers and Scientists.
(e) Fiscal Year 2024.--There are authorized to be appropriated to
the Secretary for the Office of Science for fiscal year 2024
$9,875,812,193, of which--
(1) $3,465,600,000 shall be for Basic Energy Science;
(2) $1,368,960,793 shall be for High Energy Physics;
(3) $984,813,632 shall be for Biological and Environmental
Research;
(4) $963,860,150 shall be for Nuclear Physics;
(5) $1,496,800,000 shall be for Advanced Scientific
Computing Research;
(6) $902,400,000 shall be for Fusion Energy Sciences;
(7) $349,335,000 shall be for Science Laboratories
Infrastructure;
(8) $202,046,787 shall be for Science Program Direction;
(9) $117,154,014 shall be for Safeguards and Security; and
(10) $24,841,818 shall be for Workforce Development for
Teachers and Scientists.
(f) Fiscal Year 2025.--There are authorized to be appropriated to
the Secretary for the Office of Science for fiscal year 2025
$10,534,368,961, of which--
(1) $3,725,520,000 shall be for Basic Energy Science;
(2) $1,446,752,951 shall be for High Energy Physics;
(3) $1,040,776,358 shall be for Biological and
Environmental Research;
(4) $1,018,632,180 shall be for Nuclear Physics;
(5) $1,609,060,000 shall be for Advanced Scientific
Computing Research;
(6) $970,080,000 shall be for Fusion Energy Sciences;
(7) $372,624,000 shall be for Science Laboratories
Infrastructure;
(8) $206,087,723 shall be for Science Program Direction;
(9) $119,497,094 shall be for Safeguards and Security; and
(10) $25,338,654 shall be for Workforce Development for
Teachers and Scientists.
(g) Fiscal Year 2026.--There are authorized to be appropriated to
the Secretary for the Office of Science for fiscal year 2026
$11,193,063,345, of which--
(1) $3,985,440,000 shall be for Basic Energy Science;
(2) $1,524,545,110 shall be for High Energy Physics;
(3) $1,096,739,084 shall be for Biological and
Environmental Research;
(4) $1,073,404,210 shall be for Nuclear Physics;
(5) $1,721,320,000 shall be for Advanced Scientific
Computing Research;
(6) $1,037,760,000 shall be for Fusion Energy Sciences;
(7) $395,913,000 shall be for Science Laboratories
Infrastructure;
(8) $210,209,477 shall be for Science Program Direction;
(9) $121,887,036 shall be for Safeguards and Security; and
(10) $25,845,428 shall be for Workforce Development for
Teachers and Scientists.
(h) Fiscal Year 2027.--There are authorized to be appropriated to
the Secretary for the Office of Science for fiscal year 2027
$11,851,898,099, of which--
(1) $4,245,360,000 shall be for Basic Energy Science;
(2) $1,602,337,268 shall be for High Energy Physics;
(3) $1,152,701,810 shall be for Biological and
Environmental Research;
(4) $1,128,176,240 shall be for Nuclear Physics;
(5) $1,833,580,000 shall be for Advanced Scientific
Computing Research;
(6) $1,105,440,000 shall be for Fusion Energy Sciences;
(7) $419,202,000 shall be for Science Laboratories
Infrastructure;
(8) $214,413,667 shall be for Science Program Direction;
(9) $124,324,777 shall be for Safeguards and Security; and
(10) $26,362,336 shall be for Workforce Development for
Teachers and Scientists.
(i) Fiscal Year 2028.--There are authorized to be appropriated to
the Secretary for the Office of Science for fiscal year 2028
$12,510,876,029, of which--
(1) $4,505,280,000 shall be for Basic Energy Science;
(2) $1,680,129,427 shall be for High Energy Physics;
(3) $1,208,664,537 shall be for Biological and
Environmental Research;
(4) $1,182,948,270 shall be for Nuclear Physics;
(5) $1,945,840,000 shall be for Advanced Scientific
Computing Research;
(6) $1,173,120,000 shall be for Fusion Energy Sciences;
(7) $442,491,000 shall be for Science Laboratories
Infrastructure;
(8) $218,701,940 shall be for Science Program Direction;
(9) $126,811,272 shall be for Safeguards and Security; and
(10) $26,889,583 shall be for Workforce Development for
Teachers and Scientists.
(j) Fiscal Year 2029.--There are authorized to be appropriated to
the Secretary for the Office of Science for fiscal year 2029
$13,170,000,000, of which--
(1) $4,765,200,000 shall be for Basic Energy Science;
(2) $1,757,921,586 shall be for High Energy Physics;
(3) $1,264,627,263 shall be for Biological and
Environmental Research;
(4) $1,237,720,300 shall be for Nuclear Physics;
(5) $2,058,100,000 shall be for Advanced Scientific
Computing Research;
(6) $1,240,800,000 shall be for Fusion Energy Sciences;
(7) $465,780,000 shall be for Science Laboratories
Infrastructure;
(8) $223,075,979 shall be for Science Program Direction;
(9) $129,347,498 shall be for Safeguards and Security; and
(10) $27,427,374 shall be for Workforce Development for
Teachers and Scientists.
Subtitle B--Advanced Research Projects Agency-Energy
SEC. 211. ADVANCED RESEARCH PROJECTS AGENCY-ENERGY.
(a) Establishment.--Section 5012(b) of the America COMPETES Act (42
U.S.C. 16538(b)) is amended by striking ``development of energy
technologies'' and inserting ``development of transformative science
and technology solutions to address energy, environmental, economic,
and national security challenges''.
(b) Goals.--Section 5012(c) of the America COMPETES Act (42 U.S.C.
16538(c)) is amended--
(1) by striking paragraph (1)(A) and inserting the
following:
``(A) to enhance the economic and energy security
of the United States through the development of energy
technologies that--
``(i) reduce imports of energy from foreign
sources;
``(ii) reduce energy-related emissions,
including greenhouse gases;
``(iii) improve the energy efficiency of
all economic sectors;
``(iv) provide transformative solutions to
improve the management, clean-up, and disposal
of--
``(I) low-level radioactive waste;
``(II) spent nuclear fuel; and
``(III) high-level radioactive
waste;
``(v) improve efficiency and reduce the
environmental impact of all forms of energy
production;
``(vi) improve the resiliency, reliability,
and security of the electric grid; and
``(vii) address other challenges within the
mission of the Department as determined by the
Secretary; and''; and
(2) in paragraph (2), in the matter preceding subparagraph
(A), by striking ``energy technology projects'' and inserting
``advanced technology projects''.
(c) Responsibilities.--Section 5012(e)(3)(A) of the America
COMPETES Act (42 U.S.C. 16538(e)(3)(A)) is amended by striking
``energy''.
(d) Reports and Roadmaps.--Section 5012(h) of the America COMPETES
Act (42 U.S.C. 16538(h)) is amended to read as follows:
``(h) Annual Report.--
``(1) In general.--As part of the annual budget request
submitted for each fiscal year, the Director shall provide to
the relevant authorizing and appropriations committees of
Congress a report that--
``(A) describes projects supported by ARPA-E during
the previous fiscal year;
``(B) identifies and includes an analysis of
projects supported by ARPA-E during the previous fiscal
year that demonstrate duplication of other activities
funded by the Department; and
``(C) describes current, proposed, and planned
projects to be carried out pursuant to subsection
(e)(3)(D).
``(2) Strategic vision roadmap.--Beginning with the report
submitted with respect to fiscal year 2020, and every 4 fiscal
years thereafter, the report required under paragraph (1) shall
include a roadmap describing the strategic vision that ARPA-E
will use to guide the choices of ARPA-E for future technology
investments over the following 4 fiscal years.''.
(e) Coordination and Nonduplication.--Section 5012(i)(1) of the
America COMPETES Act (42 U.S.C. 16538(i)(1)) is amended to read as
follows:
``(1) In general.--To the maximum extent practicable, the
Director shall ensure that--
``(A) the activities of ARPA-E are coordinated
with, and do not duplicate the efforts of, programs and
laboratories within the Department and other relevant
research agencies; and
``(B) ARPA-E does not provide funding for a project
unless the prospective grantee demonstrates sufficient
attempts to secure private financing or indicates that
the project is not independently commercially
viable.''.
(f) Evaluation.--Section 5012(l) of the America COMPETES Act (42
U.S.C. 16538(l)) is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) In general.--Not later than 3 years after the date of
enactment of the Securing American Leadership in Science and
Technology Act of 2020, the Secretary is authorized to enter
into a contract with a third-party entity to conduct an
evaluation of how well ARPA-E is achieving the goals and
mission of ARPA-E.''; and
(2) in paragraph (2)--
(A) by striking ``shall'' and inserting ``may'';
and
(B) by striking ``the recommendation of the
National Academy of Sciences'' and inserting ``a
recommendation''.
(g) Authorization of Appropriations.--Paragraph (2) of section
5012(o) of the America COMPETES Act (42 U.S.C. 16538(o)) is amended to
read as follows:
``(2) Authorization of appropriations.--Subject to
paragraph (4), there are authorized to be appropriated to the
Director for deposit in the Fund without fiscal year
limitation--
``(A) $392,800,000 for fiscal year 2020;
``(B) $419,600,000 for fiscal year 2021;
``(C) $446,400,000 for fiscal year 2022;
``(D) $473,200,000 for fiscal year 2023;
``(E) $500,000,000 for fiscal year 2024;
``(F) $600,000,000 for fiscal year 2025;
``(G) $700,000,000 for fiscal year 2026;
``(H) $800,000,000 for fiscal year 2027;
``(I) $900,000,000 for fiscal year 2028; and
``(J) $1,000,000,000 for fiscal year 2029.''.
(h) Technical Amendments.--Section 5012(g)(3)(A)(iii) of the
America COMPETES Act (42 U.S.C. 16538(g)(3)(A)(iii)) is amended by
striking ``subpart'' each place it appears and inserting
``subparagraph''.
Subtitle C--DOE Clean Energy Infrastructure
SEC. 221. REGIONAL ENERGY INNOVATION CENTERS.
(a) Definitions.--In this section:
(1) Advanced energy technology.--The term ``advanced energy
technology'' means--
(A) an innovative technology--
(i) that produces energy from solar, wind,
geothermal, biomass, tidal, wave, ocean, or
other renewable energy resources;
(ii) that produces nuclear energy;
(iii) for carbon capture and sequestration;
(iv) that enables advanced vehicles,
vehicle components, and related technologies
that result in significant energy savings;
(v) that generates, transmits, distributes,
uses, or stores energy more efficiently than
conventional technologies, including through
Smart Grid technologies; or
(vi) that enhances the energy independence
and security of the United States by enabling
improved or expanded supply and production of
domestic energy resources, including coal, oil,
and natural gas;
(B) a research, development, demonstration, or
commercial application activity necessary to ensure the
long-term, secure, and sustainable supply of an energy
critical element; or
(C) any other innovative energy technology area
identified by the Secretary.
(2) Qualifying entity.--The term ``qualifying entity''
means--
(A) an institution of higher education;
(B) an appropriate State or Federal entity,
including a federally funded research and development
center of the Department;
(C) a nonprofit research institution;
(D) a multi-institutional collaboration; or
(E) any other relevant entity the Secretary
determines appropriate.
(b) Authorization of Program.--
(1) In general.--
(A) The Secretary shall carry out a program to
enhance the economic, environmental, and energy
security of the United States by establishing and
operating Regional Energy Innovation Centers in diverse
regions of the United States, in order to provide, to
the maximum extent practicable, one centralized
location for multidisciplinary, collaborative research,
development, and demonstration of advanced energy
technologies most suited to commercial application in
each region of the United States.
(B) In establishing the centers authorized in
subparagraph (A), the Secretary shall consider the
diverse natural resources available throughout the
United States, and maximize the opportunities for
cooperation between institutes of higher education,
industry, State and local governments, and nonprofit
research institutions with shared areas of energy
expertise.
(2) Technology development focus.--The Secretary shall
designate for each center a unique advanced energy technology
or basic research focus. In establishing focus areas for each
center, the Secretary shall consider the energy needs,
resources, and expertise available in each region of the United
States.
(3) Coordination.--The Secretary shall ensure the
coordination of, and avoid unnecessary duplication of, the
activities of each center with the activities of--
(A) other research entities of the Department,
including the National Laboratories, the Advanced
Research Projects Agency-Energy, Energy Innovation
Hubs, and Energy Frontier Research Centers; and
(B) industry.
(c) Application Process.--
(1) Eligibility.--To be eligible to receive an award for
the establishment and operation of a center established under
subsection (b)(1)(A), a consortium shall--
(A) be composed of not fewer than two qualifying
entities;
(B) operate subject to a binding agreement, entered
into by each member of the consortium, that documents--
(i) the proposed partnership agreement,
including the governance and management
structure of the center;
(ii) measures the consortium will undertake
to enable cost-effective implementation of
activities under the program described in
subsection (b)(1); and
(iii) a proposed budget, including
financial contributions from non-Federal
sources; and
(C) operate as a nonprofit organization.
(2) Selection.--The Secretary shall consider applications
from qualifying entities, and select centers authorized under
subsection (b)(1)(A) on a competitive, merit-reviewed basis.
(3) Duration.--A center established under this section
shall receive support for a period of not more than 5 years,
subject to the availability of appropriations.
(4) Renewal.--Upon the expiration of any period of support
of a center under this section, the Director may renew support
for the center, on a merit-reviewed basis, for a period of not
more than 5 years.
(5) Termination.--Consistent with the existing authorities
of the Department, the Director may terminate an
underperforming center for cause during the performance period.
(d) Center Operations.--
(1) In general.--Each center shall conduct or provide for
multidisciplinary, collaborative research, development,
demonstration of advanced energy technologies within the
technology development focus designated under subsection
(b)(2).
(2) Activities.--Each center shall--
(A) encourage collaboration and communication among
the member qualifying entities of the consortium and
awardees;
(B) develop and make publicly available proposed
plans and programs; and
(C) submit an annual report to the Department
summarizing the activities of the center, including--
(i) detailing organizational expenditures;
and
(ii) describing each project undertaken by
the center.
(3) Conflicts of interest.--Each center shall maintain
conflict of interest procedures, consistent with the conflict
of interest procedures of the Department.
(4) Prohibition on construction.--
(A) In general.--Except as provided in subparagraph
(B)--
(i) no funds provided under this section
may be used for construction of new buildings
or facilities for centers; and
(ii) construction of new buildings or
facilities shall not be considered as part of
the non-Federal share of a Hub cost-sharing
agreement.
(B) Test bed and renovation exception.--Nothing in
this paragraph prohibits the use of funds provided
under this section or non-Federal cost share funds for
the construction of a test bed or renovations to
existing user facilities if the Secretary determines
such facilities are necessary and applicable to conduct
research within the focus areas identified for each
center.
SEC. 222. VERSATILE NEUTRON SOURCE.
(a) In General.--The Secretary of Energy shall construct a
versatile reactor-based fast neutron source, which shall operate as a
national user facility. The Secretary shall consult with the private
sector, universities, National Laboratories, and relevant Federal
agencies to ensure that the versatile neutron source is capable of
meeting Federal research needs for neutron irradiation services.
(b) Facility Capabilities.--
(1) Capabilities.--The Secretary shall ensure that the
facility described in subsection (a) will provide, at a
minimum, the following capabilities:
(A) Fast neutron spectrum irradiation capability.
(B) Capacity for upgrades to accommodate new or
expanded research needs.
(2) Considerations.--In carrying out paragraph (1), the
Secretary shall consider the following:
(A) Capabilities that support experimental high-
temperature testing.
(B) Providing a source of fast neutrons at a
neutron flux higher than that at which existing
research facilities operate, sufficient to enable
research for an optimal base of prospective users.
(C) Maximizing irradiation flexibility and
irradiation volume to accommodate as many concurrent
users as possible.
(D) Capabilities for irradiation with neutrons of a
lower energy spectrum.
(E) Multiple loops for fuels and materials testing
of different coolants.
(F) Capabilities that support irradiating and
processing targets for isotope production.
(G) Additional pre-irradiation and post-irradiation
examination capabilities.
(H) Lifetime operating costs and lifecycle costs.
(c) Start of Operations.--The Secretary shall, to the maximum
extent practicable, ensure that the start of full operations of the
facility under this section occurs before December 31, 2025.
(d) Funding.--There are authorized to be appropriated to the
Secretary for the Office of Nuclear Energy to carry out to completion
the construction of the facility under this section--
(1) $200,000,000 for fiscal year 2020;
(2) $260,000,000 for fiscal year 2021;
(3) $340,000,000 for fiscal year 2022;
(4) $350,000,000 for fiscal year 2023;
(5) $350,000,000 for fiscal year 2024;
(6) $350,000,000 for fiscal year 2025;
(7) $200,000,000 for fiscal year 2026;
(8) $150,000,000 for fiscal year 2027;
(9) $100,000,000 for fiscal year 2028; and
(10) $50,000,000 for fiscal year 2029.
SEC. 223. CARBON UTILIZATION RESEARCH AND DEVELOPMENT INFRASTRUCTURE.
(a) In General.--The Secretary shall carry out a program to conduct
basic and fundamental research in materials science, chemistry,
subsurface instrumentation, and data analysis to inform the research,
development, and demonstration of carbon capture, storage, and
utilization technologies and techniques, and to facilitate the
translation of basic research results to industry.
(b) Coordination.--In carrying out program under subsection (a),
the Secretary shall leverage expertise and resources and facilitate
collaboration and coordination between--
(1) the Office of Fossil Energy; and
(2) the Office of Science.
(c) Carbon Utilization Energy Innovation Hub.--In carrying out the
program under subsection (a), the Secretary shall establish and operate
a national Carbon Utilization Energy Innovation Hub (referred to in
this section as the ``Hub''), which shall focus on early stage research
and development activities including--
(1) post-combustion and pre-combustion capture of carbon
dioxide;
(2) advanced compression technologies for new and existing
fossil fuel-fired power plants;
(3) technologies to convert carbon dioxide to valuable
products and commodities; and
(4) advanced carbon dioxide storage technologies that
consider a range of storage regimes.
(d) Selection.--The Secretary shall select the Hub under this
section on a competitive, merit-reviewed basis. The Secretary shall
consider applications from National Laboratories, institutions of
higher education, multi-institutional collaborations, and other
appropriate entities.
(e) Duration.--The Hub established under this section shall receive
support for a period of not more than 5 years, subject to the
availability of appropriations.
(f) Renewal.--Upon the expiration of any period of support of the
Hub, the Secretary may renew support for the Hub, on a merit-reviewed
basis, for a period of not more than 5 years.
(g) Termination.--Consistent with the existing authorities of the
Department, the Secretary may terminate the Hub for cause during the
performance period.
SEC. 224. FRONTIER OBSERVATORY FOR RESEARCH IN GEOTHERMAL ENERGY.
(a) In General.--The Secretary shall support the establishment and
construction of up to 3 field research sites operated by public or
academic entities, which shall each be known as a ``Frontier
Observatory for Research in Geothermal Energy'' or ``FORGE'' site to
develop, test, and enhance techniques and tools for enhanced geothermal
energy.
(b) Duties.--The Secretary shall--
(1) award grants in support of research and development
projects focused on advanced monitoring technologies, new
technologies and approaches for implementing multi-zone
stimulations, and dynamic reservoir modeling that incorporates
all available high-fidelity characterization data; and
(2) seek opportunities to coordinate efforts and share
information with domestic and international partners engaged in
research and development of geothermal systems and related
technology.
(c) Site Selection.--Of the FORGE sites referred to in subsection
(a), the Secretary shall--
(1) consider applications through a competitive, merit-
reviewed process, from National Laboratories, multi-
institutional collaborations, institutes of higher education
and other appropriate entities best suited to provide national
leadership on geothermal related issues and perform the duties
enumerated under subsection (b); and
(2) prioritize existing field sites and facilities with
capabilities relevant to the duties enumerated under subsection
(b).
(d) Funding.--There is authorized to be appropriated to the
Secretary to carry out the FORGE activities under this section--
(1) $45,000,000 for fiscal year 2020;
(2) $55,000,000 for fiscal year 2021;
(3) $65,000,000 for fiscal year 2022;
(4) $70,000,000 for fiscal year 2023;
(5) $70,000,000 for fiscal year 2024;
(6) $70,000,000 for fiscal year 2025;
(7) $70,000,000 for fiscal year 2026;
(8) $70,000,000 for fiscal year 2027;
(9) $70,000,000 for fiscal year 2028; and
(10) $70,000,000 for fiscal year 2029.
(e) Portfolio Balance.--In carrying out this section, the Secretary
shall consider the balance between funds dedicated to construction and
operations and research activities to reflect the state of site
development.
SEC. 225. ADVANCED ENERGY STORAGE INITIATIVE.
(a) In General.--The Secretary shall carry out a research
initiative to be known as the ``Advanced Energy Storage Initiative''
(referred to in this section as the ``Initiative'') to support and
accelerate the research, development, and demonstration of advanced
energy storage technologies, in order to--
(1) support basic research in capabilities that enable
temporal flexibility in the conversion of energy resources to
useful energy services;
(2) inform the development of a broad range of energy
storage systems; and
(3) facilitate the translation of basic research results in
energy storage to industry.
(b) Leveraging.--In carrying out programs and activities under the
Initiative, the Secretary shall leverage expertise and resources and
facilitate collaboration between--
(1) the Office of Electricity;
(2) the Office of Energy Efficiency and Renewable Energy;
(3) the Office of Fossil Energy;
(4) the Office of Nuclear Energy; and
(5) the Basic Energy Sciences Program and Advanced
Scientific Computing Program of the Office of Science.
The Secretary may organize additional activities under this subsection
through Energy Frontier Research Centers, Energy Innovation Hubs, or
cross-cutting research programs.
(c) Grid Scale Energy Storage User Facilities.--Not later than 180
days after the date of enactment of this Act, the Secretary shall
transmit to the Committee on Science, Space, and Technology of the
House of Representatives and the Committee on Energy and Natural
Resources of the Senate a 4-year research plan that identifies and
prioritizes basic research needs relating to the development,
construction, operation, and maintenance of grid scale energy storage
technology demonstration projects, which shall operate as national user
facilities.
SEC. 226. CRITICAL INFRASTRUCTURE RESEARCH AND CONSTRUCTION.
(a) In General.--The Secretary shall carry out a program of
fundamental research, development, and early-stage demonstration of
innovative engineered systems and tools to help ensure the resilience
and security of critical integrated grid infrastructures.
(b) Coordination.--In carrying out the program under subsection
(a), the Secretary shall leverage expertise and resources and
facilitate collaboration and coordination between--
(1) the Office of Electricity;
(2) the Office of Cybersecurity, Energy Security, and
Emergency Response;
(3) the Office of Science;
(4) the Department of Defense; and
(5) the Department of Homeland Security.
(c) Critical Infrastructure Test Range.--In carrying out the
program under subsection (a), the Secretary shall establish and operate
a Critical Infrastructure Test Range (referred to in this section as
the ``Test Range'') that allows for scalable physical and cyber
performance testing to be conducted on industry-scale infrastructure
systems. This facility shall include a focus on--
(1) cyber security test beds; and
(2) electric grid test beds.
(d) Selection.--The Secretary shall select the Test Range under
this section on a competitive, merit-reviewed basis. The Secretary
shall consider applications from National Laboratories, institutions of
higher education, multi-institutional collaborations, and other
appropriate entities.
(e) Duration.--The Test Range established under this section shall
receive support for a period of not more than 5 years, subject to the
availability of appropriations.
(f) Renewal.--Upon the expiration of any period of support of the
Test Range, the Secretary may renew support for the Test Range, on a
merit-reviewed basis, for a period of not more than 5 years.
(g) Termination.--Consistent with the existing authorities of the
Department, the Secretary may terminate the Test Range for cause during
the performance period.
TITLE III--NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY
SEC. 301. FINDINGS.
Congress finds the following:
(1) The National Institute of Standards and Technology
(NIST) promotes United States innovation and industrial
competitiveness by advancing measurement science, standards and
technology in ways that enhance economic security and improve
Americans' quality of life.
(2) NIST's leadership in a broad range of cutting-edge
scientific endeavors including but not limited to quantum
science and engineering, cybersecurity, biologics, artificial
intelligence (AI), machine learning, additive manufacturing,
disaster resilience, and international standards development is
critical to America's leadership in the industries of the
future.
(3) NIST's role as the Nation's laboratory for industry is
critical to maintaining the economic and national security of
the United States.
SEC. 302. AUTHORIZATION OF APPROPRIATIONS.
(a) Fiscal Year 2020.--
(1) In general.--There are authorized to be appropriated to
the Secretary of Commerce $1,034,000,000 for the National
Institute of Standards and Technology for fiscal year 2020.
(2) Specific allocations.--Of the amount authorized by
paragraph (1)--
(A) $754,000,000 shall be for scientific and
technical research and services laboratory activities,
of which $9,000,000 may be transferred to the Working
Capital Fund;
(B) $118,000,000 shall be for the construction and
maintenance of facilities, of which $75,000,000 shall
be for Safety, Capacity, Maintenance, and Major
Repairs; and
(C) $162,000,000 shall be for industrial technology
services activities, of which $146,000,000 shall be for
the Manufacturing Extension Partnership program under
sections 25 and 26 of the National Institute of
Standards and Technology Act (15 U.S.C. 278k and 278l)
and $16,000,000 shall be for the Network for
Manufacturing Innovation Program under section 34 of
the National Institute of Standards and Technology Act
(15 U.S.C. 278s).
(b) Fiscal Year 2021.--
(1) In general.--There are authorized to be appropriated to
the Secretary of Commerce $1,240,400,000 for the National
Institute of Standards and Technology for fiscal year 2021.
(2) Specific allocations.--Of the amount authorized by
paragraph (1)--
(A) $869,400,000 shall be for scientific and
technical research and services laboratory activities,
of which $10,800,000 may be transferred to the Working
Capital Fund;
(B) $200,000,000 shall be for the construction and
maintenance of facilities, of which $120,000,000 shall
be for Safety, Capacity, Maintenance, and Major
Repairs, including $20,000,000 for IT infrastructure;
and
(C) $171,000,000 shall be for industrial technology
services activities, of which $146,000,000 shall be for
the Manufacturing Extension Partnership program under
sections 25 and 26 of the National Institute of
Standards and Technology Act (15 U.S.C. 278k and 278I)
and $25,000,000 shall be for the Network for
Manufacturing Innovation Program under section 34 of
the National Institute of Standards and Technology Act
(15 U.S.C. 278s).
(c) Fiscal Year 2022.--
(1) In general.--There are authorized to be appropriated to
the Secretary of Commerce $1,315,250,000 for the National
Institute of Standards and Technology for fiscal year 2022.
(2) Specific allocations.--Of the amount authorized by
paragraph (1)--
(A) $941,850,000 shall be for scientific and
technical research and services laboratory activities,
of which $11,700,000 may be transferred to the Working
Capital Fund;
(B) $200,000,000 shall be for the construction and
maintenance of facilities, of which $120,000,000 shall
be for Safety, Capacity, Maintenance, and Major
Repairs, including $20,000,000 for IT infrastructure;
and
(C) $173,400,000 shall be for industrial technology
services activities, of which $148,400,000 shall be for
the Manufacturing Extension Partnership program under
sections 25 and 26 of the National Institute of
Standards and Technology Act (15 U.S.C. 278k and 278I)
and $25,000,000 shall be for the Network for
Manufacturing Innovation Program under section 34 of
the National Institute of Standards and Technology Act
(15 U.S.C. 278s).
(d) Fiscal Year 2023.--
(1) In general.--There are authorized to be appropriated to
the Secretary of Commerce $1,390,500,000 for the National
Institute of Standards and Technology for fiscal year 2023.
(2) Specific allocations.--Of the amount authorized by
paragraph (1)--
(A) $1,014,300,000 shall be for scientific and
technical research and services laboratory activities,
of which $12,600,000 may be transferred to the Working
Capital Fund;
(B) $200,000,000 shall be for the construction and
maintenance of facilities of which $120,000,000 shall
be for Safety, Capacity, Maintenance, and Major
Repairs, including $10,000,000 for IT infrastructure;
and
(C) $176,200,000 shall be for industrial technology
services activities, of which $151,200,000 shall be for
the Manufacturing Extension Partnership program under
sections 25 and 26 of the National Institute of
Standards and Technology Act (15 U.S.C. 278k and 278I)
and $25,000,000 shall be for the Network for
Manufacturing Innovation Program under section 34 of
the National Institute of Standards and Technology Act
(15 U.S.C. 278s).
(e) Fiscal Year 2024.--
(1) In general.--There are authorized to be appropriated to
the Secretary of Commerce $1,465,750,000 for the National
Institute of Standards and Technology for fiscal year 2024.
(2) Specific allocations.--Of the amount authorized by
paragraph (1)--
(A) $1,086,750,000 shall be for scientific and
technical research and services laboratory activities,
of which $13,500,000 may be transferred to the Working
Capital Fund;
(B) $200,000,000 shall be for the construction and
maintenance of facilities, of which $120,000,000 shall
be for Safety, Capacity, Maintenance, and Major
Repairs, including $10,000,000 for IT infrastructure;
and
(C) $179,000,000 shall be for industrial technology
services activities, of which $154,000,000 shall be for
the Manufacturing Extension Partnership program under
sections 25 and 26 of the National Institute of
Standards and Technology Act (15 U.S.C. 278k and 278I)
and $25,000,000 shall be for the Network for
Manufacturing Innovation Program under section 34 of
the National Institute of Standards and Technology Act
(15 U.S.C. 278s).
(f) Fiscal Year 2025.--
(1) In general.--There are authorized to be appropriated to
the Secretary of Commerce $1,541,000,000 for the National
Institute of Standards and Technology for fiscal year 2025.
(2) Specific allocations.--Of the amount authorized by
paragraph (1)--
(A) $1,159,200,000 shall be for scientific and
technical research and services laboratory activities,
of which $14,400,000 may be transferred to the Working
Capital Fund;
(B) $200,000,000 shall be for the construction and
maintenance of facilities, of which $120,000,000 shall
be for Safety, Capacity, Maintenance, and Major
Repairs, including $10,000,000 for IT infrastructure;
and
(C) $181,800,000 shall be for industrial technology
services activities, of which $156,800,000 shall be for
the Manufacturing Extension Partnership program under
sections 25 and 26 of the National Institute of
Standards and Technology Act (15 U.S.C. 278k and 278I)
and $25,000,000 shall be for the Network for
Manufacturing Innovation Program under section 34 of
the National Institute of Standards and Technology Act
(15 U.S.C. 278s).
(g) Fiscal Year 2026.--
(1) In general.--There are authorized to be appropriated to
the Secretary of Commerce $1,616,250,000 for the National
Institute of Standards and Technology for fiscal year 2026.
(2) Specific allocations.--Of the amount authorized by
paragraph (1)--
(A) $1,213,650,000 shall be for scientific and
technical research and services laboratory activities,
of which $15,300,000 may be transferred to the Working
Capital Fund;
(B) $200,000,000 shall be for the construction and
maintenance of facilities, of which $120,000,000 shall
be for Safety, Capacity, Maintenance, and Major
Repairs, including $10,000,000 for IT infrastructure;
and
(C) $184,600,000 shall be for industrial technology
services activities, of which $159,600,000 shall be for
the Manufacturing Extension Partnership program under
sections 25 and 26 of the National Institute of
Standards and Technology Act (15 U.S.C. 278k and 278I)
and $25,000,000 shall be for the Network for
Manufacturing Innovation Program under section 34 of
the National Institute of Standards and Technology Act
(15 U.S.C. 278s).
(h) Fiscal Year 2027.--
(1) In general.--There are authorized to be appropriated to
the Secretary of Commerce $1,691,500,000 for the National
Institute of Standards and Technology for fiscal year 2027.
(2) Specific allocations.--Of the amount authorized by
paragraph (1)--
(A) $1,304,100,000 shall be for scientific and
technical research and services laboratory activities,
of which $16,200,000 may be transferred to the Working
Capital Fund;
(B) $200,000,000 shall be for the construction and
maintenance of facilities, of which $120,000,000 shall
be for Safety, Capacity, Maintenance, and Major
Repairs, including $10,000,000 for IT infrastructure;
and
(C) $187,400,000 shall be for industrial technology
services activities, of which $162,400,000 shall be for
the Manufacturing Extension Partnership program under
sections 25 and 26 of the National Institute of
Standards and Technology Act (15 U.S.C. 278k and 278I)
and $25,000,000 shall be for the Network for
Manufacturing Innovation Program under section 34 of
the National Institute of Standards and Technology Act
(15 U.S.C. 278s).
(i) Fiscal Year 2028.--
(1) In general.--There are authorized to be appropriated to
the Secretary of Commerce $1,766,750,000 for the National
Institute of Standards and Technology for fiscal year 2028.
(2) Specific allocations.--Of the amount authorized by
paragraph (1)--
(A) $1,376,550,000 shall be for scientific and
technical research and services laboratory activities,
of which $17,100,000 may be transferred to the Working
Capital Fund;
(B) $200,000,000 shall be for the construction and
maintenance of facilities, of which $120,000,000 shall
be for Safety, Capacity, Maintenance, and Major
Repairs, including $10,000,000 for IT infrastructure;
and
(C) $190,200,000 shall be for industrial technology
services activities, of which $165,200,000 shall be for
the Manufacturing Extension Partnership program under
sections 25 and 26 of the National Institute of
Standards and Technology Act (15 U.S.C. 278k and 278I)
and $25,000,000 shall be for the Network for
Manufacturing Innovation Program under section 34 of
the National Institute of Standards and Technology Act
(15 U.S.C. 278s).
(j) Fiscal Year 2029.--
(1) In general.--There are authorized to be appropriated to
the Secretary of Commerce $1,842,000,000 for the National
Institute of Standards and Technology for fiscal year 2029.
(2) Specific allocations.--Of the amount authorized by
paragraph (1)--
(A) $1,449,000,000 shall be for scientific and
technical research and services laboratory activities,
of which $18,000,000 may be transferred to the Working
Capital Fund;
(B) $200,000,000 shall be for the construction and
maintenance of facilities, of which $120,000,000 shall
be for Safety, Capacity, Maintenance, and Major
Repairs, including $10,000,000 for IT infrastructure;
and
(C) $193,000,000 shall be for industrial technology
services activities, of which $168,000,000 shall be for
the Manufacturing Extension Partnership program under
sections 25 and 26 of the National Institute of
Standards and Technology Act (15 U.S.C. 278k and 278I)
and $25,000,000 shall be for the Network for
Manufacturing Innovation Program under section 34 of
the National Institute of Standards and Technology Act
(15 U.S.C. 278s).
SEC. 303. NIST FACILITIES MODERNIZATION FUND.
(a) Establishment.--There is established in the Treasury of the
United States a fund to be known as the ``NIST Facilities Modernization
Fund'' (hereafter in this section referred to as the ``Fund'').
(b) Use of Funds.--Amounts in the Fund shall be available to
Secretary, acting through the Director, for Capital Projects on the
National Institute of Standards and Technology's campuses for the
modernization and construction of research facilities needed to conduct
leading edge scientific and technical research.
(c) Contents of Fund.--The Funds shall consist of the following
amounts:
(1) Such amounts as may be appropriated by law.
(2) Interest earned on the balance of the Fund.
(d) Authorization of Funds.--Of the funds authorized to be
appropriated in section 302 of this Act for the construction and
maintenance of facilities, $80,000,000 for each of the fiscal years
2021 through 2029 shall be provided for the Fund established in
subsection (a).
(e) Continuing Availability of Funds.--Amounts in the Fund are
available without regard to fiscal year limitation.
(f) Notification to Committees.--Upon making any obligation or
expenditure of any amount in the Fund, the Secretary, through the
Director, shall notify the House of Representatives Science, Space, and
Technology Committee, the Senate Committee on Commerce, Science, and
Transportation, the Committee on Appropriations of the House of
Representatives and the Committee on Appropriations of the Senate of
the amount and purpose of the obligation or expenditure.
(g) NIST Facilities Modernization and Maintenance Plan.--
(1) In general.--To carry out the program authorized in
subsection (a), the Secretary, acting through the Director,
shall develop and submit to Congress a 5-year modernization and
maintenance plan for the National Institute of Standards and
Technology's campuses.
(2) Timing.--The modernization and maintenance plan
required in paragraph (1) shall be submitted to Congress within
30 days of enactment of this Act, and updated on an annual
basis.
(3) Plan elements.--The Plan required in paragraph (1)
shall include the following:
(A) A list of Capitol Construction Projects
expected to be undertaken in the next 5 years, the core
capabilities these facilities will provide, anticipated
schedule of construction, and anticipated funding
requirements.
(B) A list of planned utility infrastructure
projects expected to be undertaken in the next 5 years,
anticipated schedule of construction, and anticipated
funding requirements.
(C) A list of planned IT infrastructure projects
expected to be undertaken in the next 5 years,
anticipated schedule of construction, and anticipated
funding requirements.
(D) A list of the deferred maintenance, a list of
deferred maintenance projects expected to be undertaken
in the next 5 years, anticipated schedule of
construction, anticipated funding requirements, and an
evaluation of progress made in reducing the deferred
maintenance backlog.
SEC. 304. QUANTUM INFORMATION SCIENCE.
The Director shall--
(1) continue to support and expand basic quantum
information science and technology research and development of
measurement and standards infrastructure necessary to advance
commercial development of quantum applications;
(2) use its existing programs, in collaboration with other
agencies, as appropriate, to train scientists in quantum
information science and technology to increase participation in
the quantum fields; and
(3) establish or expand collaborative ventures or consortia
with other public or private sector entities, including other
Federal agencies engaged in quantum information science
research and development, academia, National Laboratories, and
industry for the purpose of advancing the field of quantum
information science and engineering.
SEC. 305. CYBERSECURITY RESEARCH.
(a) Research.--The Secretary, acting through the Director, shall
expand the fundamental and applied research carried out by the
Institute to address key questions relating the measurement of privacy,
security, and vulnerability of software tools and communications
networks, including through--
(1) the development of research and engineering
capabilities to provide practical solutions, including
measurement techniques and engineering toolkits, to solve
cybersecurity challenges such as human factors, identity
management, network security, privacy, and software;
(2) investment in tools to help private and public sector
organizations, including institutions of higher education and
research organizations, measure and manage cybersecurity risks
and ensure workforce preparedness for new cybersecurity
challenges; and
(3) investment in programs to prepare the United States
with strong cybersecurity and encryption technologies to apply
to emerging technologies such as artificial intelligence, the
internet of things, and quantum computing.
(b) Assistance to Federal Agencies.--The Director shall enhance and
expand the Institute's guidance and assistance to Federal agencies to
help agencies effectively implement the Framework for Improving
Critical Infrastructure Cybersecurity, including--
(1) technical guidance on the requirements in the Executive
order;
(2) technical guidance and education and training of agency
staff responsible for cyber security, consultative services,
and other assistance at individual Federal agencies; and
(3) technical guidance and education and training of
individual Federal agency Inspectors General and staff who are
responsible for the annual independent evaluation they are
required to perform of the information security program and
practices of Federal agencies under section 3555 of title 44,
United States Code.
(c) Report.--The Director shall provide the House Science, Space,
and Technology Committee and the Senate Committee on Commerce, Science,
and Transportation a report, not later than 12 months after the date of
the enactment of this Act, describing how the National Institute of
Standards and Technology carried out the activities described in
subsection (b) in as much detail as possible, including identification
of agencies assisted and the types of consultative services, education,
guidance, assistance, and training provided to individual agencies and
Inspectors General.
SEC. 306. ARTIFICIAL INTELLIGENCE AND DATA SCIENCE.
The Secretary, acting through the Director, shall continue to
support the development of artificial intelligence and data science,
including through--
(1) the expansion of the Institute's capabilities,
including scientific staff and research infrastructure;
(2) the implementation of rigorous scientific testing to
support the development of trustworthy and safe artificial
intelligence and data systems;
(3) the development of machine learning and other
artificial intelligence applications to support measurement
science research programs and take steps to modernize the
Institute's research infrastructure; and
(4) the development and publication of new cybersecurity
tools, encryption methods, and best practices for artificial
intelligence and data science.
SEC. 307. INTERNET OF THINGS.
The Secretary, acting through the Director, shall continue to
conduct research with respect to and support the expanded connectivity,
interoperability, and security of interconnected systems and other
aspects of the internet of things, including through--
(1) the development of new tools and methodologies for
cybersecurity of the internet of things;
(2) the development of technologies to address network
congestion and device interference, such as the development of
testing tools for next generation wireless communications,
internet of things protocols, coexistence of wireless
communications systems, and spectrum sharing;
(3) convening experts in the public and private sectors to
develop recommendations for accelerating the adoption of sound
interoperability standards, guidelines, and best practices for
the internet of things; and
(4) the development and publication of new cybersecurity
tools, encryption methods, and best practices for internet of
things security.
SEC. 308. COMPOSITES RESEARCH.
(a) Research.--The Secretary, acting through the Director, shall
implement the recommendations contained in the December 2017 report
entitled ``Road Mapping Workshop Report on Overcoming Barriers to
Adoption of Composites in Sustainable Infrastructure'', as appropriate,
to help facilitate the adoption of composite technology in
infrastructure in the United States. In implementing such
recommendations, the Secretary, acting through the Director shall, with
respect to the use of composite technology in infrastructure--
(1) not later than 6 months after the date of enactment of
this Act, initiate the establishment of a design data
clearinghouse to identify, gather, validate, and disseminate
existing design criteria, tools, guidelines, and standards; and
(2) develop methods and resources required for testing an
evaluation of safe and appropriate uses of composite materials
for infrastructure, including--
(A) conditioning protocols, procedures and models;
(B) screening and acceptance tools; and
(C) minimum allowable design data sets that can be
converted into design tools.
(b) Standards Coordination.--The Secretary, acting through the
Director, shall assure that the appropriate Institute staff consult
regularly with standards developers, members of the composites
industry, institutions of higher education, and other stakeholders in
order to facilitate the adoption of standards for use of composite
materials in infrastructure that are based on the research and testing
results and other information developed by the Institute.
SEC. 309. ENABLING THE FUTURE BIOECONOMY.
The Secretary, acting through the Director, shall continue to
support the research and development of engineering biology, including
through--
(1) building up NIST's core capabilities in measurement
science supporting synthetic biology by investing in
foundational measurement tools;
(2) delivering the necessary measurement methods, standards
and related services required to impart confidence in emerging
engineering biology capabilities; and
(3) developing and evaluating computation tools in order to
develop and deploy predictive models that will ink biological
blueprints with biological outcomes.
SEC. 310. INTERNATIONAL STANDARDS DEVELOPMENT.
(a) Findings.--Congress finds the following:
(1) Widespread use of standards facilitates technology
advancement by defining and establishing common foundations for
product differentiation, technological innovation, and other
value-added services.
(2) Standards also promote an expanded, more interoperable,
and efficient marketplace.
(3) Global cooperation and coordination on standards for
emerging technologies will be critical for having a consistent
set of rules to enable market competition, preclude barriers to
trade, and allow innovation to flourish.
(4) United States position on standardization in emerging
technologies will be critical to United States economic
competitiveness.
(5) NIST is in a unique position to strengthen United
States leadership in standards development, particularly for
emerging technologies, to ensure continuing United States
economic competitiveness and national security.
(b) Sense of Congress.--It is the sense of Congress that--
(1) while United States experts have historically been
leaders in international standards development activities,
there is concern that the United States is losing its edge;
(2) strengthening the unique United States public-private
partnerships approach to standards development is critical to
United States economic competitiveness; and
(3) the United States Government should ensure cooperation
and coordination across Federal agencies and partner with
private sector stakeholders to continue to shape international
dialogues in regard to standards development for emerging
technologies.
(c) Research Activities and Engagement.--The Secretary, acting
through the Director, shall--
(1) build capacity and training opportunities to help
create a pipeline of talent and leadership in key standards
development positions, including standards education and
training related activities targeted at integrating standards
content into undergraduate and graduate curricula in science,
engineering, business, public policy, and law;
(2) partner with private sector entities to support
strategically increased engagement and leadership in the
development of international standards for digital economy
technologies, including partnering with industry to incentivize
private sector partners to develop standards strategies and
support engagement and participation in the relevant standards
activities; and
(3) develop approaches to prioritize standardization for
emerging technologies, identify organization in which to
develop these standards, identify leadership positions of
interest to the United States, and identify key contributors
for technical and leadership expertise in these areas.
SEC. 311. REVIEW OF THE CENTER FOR NEUTRON RESEARCH.
Not later than 1 year after the date of enactment of this Act, the
Comptroller of the United States shall conduct an evaluation of NIST's
Center for Neutron Research, including the following:
(1) An assessment of what progress NIST has made in
planning for the future of the Center for Neutron Research's
nuclear reactor since the release of the 2018 National
Academies report, and what steps NIST has taken to implement
the Academies report.
(2) An analysis of the extent to which NIST's planning
efforts align with leading practices.
(3) An assessment of the extent to which NIST has worked
with the Department of Energy to identify the scientific
community's long-term needs for neutron research facilities and
discuss the coordination of future facilities, and how these
agencies are factoring these needs into their decision-making
process.
(4) Recommendations for NIST and the Department of Energy
on how best to continue to support civilian nuclear research
reactors.
SEC. 312. HIRING AND MANAGEMENT.
(a) Direct Hire Authority.--The Secretary, acting through the
Director, may--
(1) appoint, without regard to the provisions of subchapter
I of chapter 33 of title 5, United States Code (other than
sections 3303, 3328, and 3330e of such chapter), qualified
candidates to scientific, engineering, and professional
positions for carrying out research and development functions
which require the services of specially qualified personnel
relating to cybersecurity and quantum information science and
technology and such other areas of national research priorities
as the Secretary, acting through the Director, may determine;
and
(2) fix the rate of basic pay of any individual appointed
under paragraph (1), at a rate not in excess of the basic rate
of pay of the Vice President under section 104 of title 3,
United States Code, without regard to title 5, United States
Code.
(b) Limitation.--The Director may appoint not more than 10
individuals under subsection (a).
(c) Sunset.--The authority under subsection (a) shall expire on the
date that is 10 years after the date of enactment of this Act.
(d) Other Transaction Authority.--Section 2(b)(4) of the National
Institute of Standards and Technology Act (15 U.S.C. 272(b)(4)) is
amended to read as follows:
``(4) to enter into and perform such contracts, including
cooperative research and development arrangements and grants
and cooperative agreements or other transactions, as may be
necessary in the conduct of its work and on such terms as it
may deem appropriate, in furtherance of the purposes of this
Act;''.
SEC. 313. NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY FOUNDATION.
(a) In General.--The Secretary of Commerce, acting through the
Director, may establish or enter into an agreement with a nonprofit
organization to establish a National Institute of Standards and
Technology Foundation. The Foundation shall not be an agency or
instrumentality of the United States Government.
(b) Purpose.--The purpose of the Foundation shall be to support the
National Institute of Standards and Technology in its mission.
(c) Activities.--Activities of the Foundation may include the
solicitation and acceptance of funds--
(1) to support international metrology and standards
engagement activities;
(2) to conduct education and outreach activities; and
(3) to offer direct support to NIST associates, including
through activities such as the provision of fellowships,
grants, and occupational safety and awareness training.
(d) Transfer of Funds.--The Director may authorize, under the
agreement under subsection (a), the transfer of funds from the National
Institute of Standards and Technology to the nonprofit organization to
offset any administrative costs of the Foundation.
(e) Liability.--The United States shall not be liable for any
debts, defaults, acts, or omissions of the Foundation. The full faith
and credit of the United States shall not extend to any obligations of
the Foundation.
SEC. 314. MEP OUTREACH.
Section 25 of the National Institute of Standards and Technology
Act (15 U.S.C. 278k) is amended--
(1) in subsection (c)--
(A) in paragraph (6), by striking ``community
colleges and area career and technical education
schools'' and inserting the following: ``secondary
schools (as defined in section 8101 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7801)),
community colleges, and area career and technical
education schools, including those in underserved and
rural communities,''; and
(B) in paragraph (7)--
(i) by striking ``and local colleges'' and
inserting the following: ``local high schools
and local colleges, including those in
underserved and rural communities,''; and
(ii) by inserting ``or other applied
learning opportunities'' after
``apprenticeships''; and
(2) in subsection (d)(3), by striking ``, community
colleges, and area career and technical education schools,''
and inserting the following: ``and local high schools,
community colleges, and area career and technical education
schools, including those in underserved and rural
communities,''.
SEC. 315. DEFINITIONS.
In this title:
(1) Director.--The term ``Director'' means the Director of
the National Institute of Standards and Technology.
(2) Framework.--The term ``Framework'' means the Framework
for Improving Critical Infrastructure Cybersecurity developed
by the National Institute of Standards and Technology and
referred to in Executive Order 13800 issued on May 11, 2017 (82
Fed. Reg. 22391 et seq.).
(3) Institute.--The term ``Institute'' means the National
Institute of Standards and Technology.
(4) Institution of higher education.--The term
``institution of higher education'' has the meaning given such
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
(5) NIST associate.--The term ``NIST associate'' means any
guest researcher, research associate, facility user, or
volunteer who conducts research at a National Institute of
Standards and Technology facility, but is not an employee of
the National Institute of Standards and Technology or of
another Federal department or agency.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
TITLE IV--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
SEC. 401. ESTABLISHMENT OF A TECHNOLOGY TRANSFER OFFICE.
(a) Technology Transfer Office.--The Administrator shall establish
a technology transfer office at the corporate agency level.
(b) Technology Transfer Coordinator.--The Administrator shall
appoint a Technology Transfer Coordinator to be the principal advisor
to the Administrator on all matters relating to technology transfer and
commercialization and will serve as director of the technology transfer
office.
(c) Qualifications.--The Coordinator shall be an individual who, by
reason of professional background and experience, is specially
qualified to advise the Administrator on matters pertaining to
technology transfer at the Agency.
(d) Duties of the Coordinator.--The Coordinator shall oversee--
(1) the expenditure of funds allocated for technology
transfer within the Agency;
(2) efforts to improve research to operations within the
Office of Oceanic and Atmospheric Research and other Agency
line offices;
(3) efforts to engage private sector entities, including
venture capital companies;
(4) efforts to engage State and local governments;
(5) coordinate efforts across the Agency; and
(6) facilitate knowledge transfer from Agency/Federal
standards to commercial, State, and local governments.
(e) Technology Transfer Responsibility.--Nothing in this section
affects the technology transfer responsibilities of Federal employees
under the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C.
3701 et seq.).
(f) Planning and Reporting.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall submit to
Congress a technology transfer execution plan.
(2) Updates.--Each year after the submission of the plan
under paragraph (1), the Administrator shall submit to Congress
an updated execution plan and reports that describe progress
toward meeting goals set forth in the execution plan and the
funds expended under subsection (e).
SEC. 402. TECHNOLOGY TRANSFER AND TRANSITIONS ASSESSMENT.
Not later than 1 year after the date of enactment of this Act, and
annually thereafter, the administrator shall transmit to the Committee
on Science, Space, and Technology of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate a
report which shall include--
(1) report on the Agency's research to operations
activities during the previous fiscal year; and
(2) recommended agency policy changes to increase research
to operations activities in the coming fiscal year.
SEC. 403. NATIONAL MESONET PROGRAM.
(a) Findings.--Congress finds that--
(1) since the initial establishment of a private-public
partnership demonstration program, the National Mesonet Program
has leveraged data collected by existing weather station
networks to--
(A) provide accurate, real-time observation for
weather forecasters and emergency response personnel in
metropolitan areas across the United States;
(B) address persistent impediments, identified in a
National Academy of Sciences Report released in 2009,
to fulfill the need for broader and denser weather
observation networks to improve severe weather lead-
times;
(C) achieve major improvements for the National
Oceanic and Atmospheric Administration and the broader
American Weather Enterprise, despite some significant
development issues and cost overruns, according to a
National Academy of Sciences Report released in 2011;
(D) increase the amount of non-Federal weather data
available to government by orders of magnitude; and
(E) improve understanding of the impact, the size
and duration of mesoscale weather events; and
(2) as a joint collaboration between the National Oceanic
and Atmospheric Administration and the National Weather
Service, the National Mesonet Program is a critical component
of agency operations and provides reliable, real-time
prediction and observation capabilities for the physical
environment that enhances response and prevention strategies to
severe weather events.
(b) Program.--The National Weather Service shall carry out the
National Mesonet Program under law to improve understanding of and
forecast capabilities for atmospheric events, placing priority on
leveraging available commercial and other non-Federal weather data to
enhance coordination across the private, public, and academic sectors
of the American weather enterprise.
(c) Program Elements.--The program described in subsection (b)
shall focus on the following activities:
(1) Improving the National Oceanic and Atmospheric
Administration and the National Weather Service's ability to
provide the baseline forecasts and warnings that protect the
Nation's citizens, businesses, military, and government
agencies and enable them to operate and perform in safe,
efficient, and orderly manners.
(2) Yielding significant amounts of boundary-layer data to
result in dramatic improvements in numerical weather prediction
performance.
(3) Providing the critical technical and administrative
infrastructure needed to facilitate rapid integration of new
and emerging surface, boundary layer, and space-based networks
anticipated in coming years.
(4) Leveraging existing networks of environmental
monitoring stations to dramatically increase the quantity and
density of weather observations available to the National
Weather Service at a highly cost-effective price.
(5) Supporting the National Weather Service in reaching its
target of a 30-minute warning time for severe weather through
better predictive algorithms driven by increasingly effective
observations.
(d) Authorization of Appropriations.--Of amounts otherwise made
available to the National Weather Service, there are authorized to
carry out this section $25,000,000 for fiscal year 2021, $26,000,000
for fiscal year 2022, $27,000,000 for fiscal year 2023, $28,000,000 for
fiscal year 2024, $29,000,000 for fiscal year 2025, and $30,000,000 for
fiscal year 2026.
SEC. 404. SEVERE WEATHER EXTRAMURAL TESTBEDS.
(a) Findings.--Congress finds the following:
(1) The Weather Research and Forecasting Innovation Act of
2017 instructs NOAA to prioritize improving weather data,
modeling, computing, forecasting and warnings for the
protection of life and property and for the enhancement of the
national economy.
(2) The Weather Research and Forecasting Innovation Act of
2017 has also mandated that the NOAA Office of Oceanic and
Atmospheric Research prioritize involving extramural partners
to leverage existing public and private resources to expand and
improve weather forecasting and modeling as quickly and
efficiently as possible.
(3) There is a need for additional weather research and
forecasting innovation given the increasing number of severe
weather events and their increasing effect on public health,
safety, and national and regional economic well-being.
(b) Program.--Not later than 180 days after the enactment of this
Act, the Assistant Administrator for the Office of Oceanic and
Atmospheric Research shall establish a program to create one or more
weather research testbeds, hosted by extramural university based
partners, to develop improved understanding of and forecast
capabilities for atmospheric events and their impacts. Resources for
such testbeds shall not be taken from the existing NOAA cooperative
institutes.
(c) Program Elements.--The program described in subsection (b)
shall focus on the following activities:
(1) Improving the fundamental understanding of weather,
including the boundary layer and other processes affecting high
impact weather events.
(2) Improving the understanding of how the public receives,
interprets, and responds to warnings and forecasts of high
impact weather events that endanger life and property.
(3) Research and development, and transfer of knowledge,
technologies, and applications to the National Weather Service
and other appropriate agencies and entities, including the
United States weather industry and academic partners.
(d) Extramural Research.--
(1) In general.--In carrying out the program under this
section, the Assistant Administrator for Oceanic and
Atmospheric Research shall collaborate with and support the
non-Federal weather research community, which includes
institutions of higher education, private entities, and
nongovernmental organizations, by making funds available
through competitive grants, contracts, and cooperative
agreements. Preference shall be given to applicants with
significant expertise in severe weather research that are co-
located with existing NOAA intramural weather related
laboratories.
(2) Extramural academic partners.--Of the funds authorized
in subsection (e), not less than 80 percent shall be dedicated
to research of extramural academic partners.
(e) Authorization of Appropriations.--For each of fiscal years 2021
and 2022, there are authorized out of funds appropriated to the
National Oceanic and Atmospheric Administration, $10,000,000 to carry
out the activities of this section.
SEC. 405. NEXT GENERATION DIGITAL RADAR.
(a) Findings.--Congress finds that--
(1) the national weather radar network is aging, and
procurement and replacement must begin by early in the decade
commencing with the year 2030;
(2) research by the National Oceanic and Atmospheric
Administration on next generation radar systems has largely
focused on the development of a phased array radar for severe
weather forecasting;
(3) a phased array radar system can achieve precise
measurements of precipitation rates and conditions through a
rapid scan of the atmosphere to reveal critical weather
thumbprints that point to the potential of severe weather;
(4) though initially established through the joint
collaboration between the Federal Aviation Administration and
the National Oceanic and Atmospheric Administration, the
potential for use of the phased array radar for severe weather
observations has emerged as the focus;
(5) lifetime operations and maintenance costs will be
significantly reduced due to the simple, digital process for
updating the digital array radar system; and
(6) the National Oceanic and Atmospheric Administration
must continue to conduct crucial technical risk reduction
research to be ready for the next generation of radar networks.
(b) Program.--The Under Secretary of Commerce for Oceans and
Atmosphere shall develop, in collaboration with the Assistant
Administrators for Weather Services and Oceanic and Atmospheric
Research, and utilizing NOAA's existing academic partners for
implementation, a technical risk reduction program, that will lead to
the baseline requirements to procure an all-digital ground based phased
array radar system for initial deployment by no later than 2032. At a
minimum, such a program must demonstrate the ability to significantly
improve the accuracy of severe weather forecasts while lowering long
term Federal operating costs.
(c) Program Elements.--The program described in subsection (b)
shall focus on the following activities:
(1) Definition of key system requirements needed to cost
effectively lead to significantly improve weather forecasting
accuracy and precision through a nationwide all-digital ground
based phased array weather radar system.
(2) Identification of critical technologies and subsystems
on the critical path to the development of an all-digital
phased array system, and an investment schedule to reduce risk
in each designated area.
(3) Development of a full-scale digital phased array radar
demonstrator that will meet requirements set in paragraph (1).
(4) Development of a multi-year effort to strengthen ties
between NOAA and its public university based academic partners
so as to maintain an ongoing reservoir of science and
technology talent to help to guide and advise Federal program
managers on the implementation and use of an all-digital phased
array radar system.
(d) Authorization of Appropriations.--Of the amounts otherwise made
available to the National Oceanic and Atmospheric Administration's
Operations, Research, and Facilities Action, there are authorized to
carry out this section $20,000,000 for each of fiscal years 2021
through 2025.
SEC. 406. FELLOWSHIPS.
(a) In General.--To carry out the educational and training
objectives of this Act, the Administrator shall support a program of
weather fellowships for qualified individuals at the graduate and
postgraduate level. The fellowships shall be related to meteorology,
atmospheric science, space weather, and climatology and awarded
pursuant to guidelines established by the Administrator.
(b) Weather Fellowship.--The Administrator may award weather
fellowships to support the placement of individuals at the graduate
level of education in fields related to meteorology, atmospheric
science, space weather, and climatology within NOAA. A fellowship
awarded under this subsection shall be for a period of not more than 1
year.
SEC. 407. AUTHORIZATION OF APPROPRIATIONS.
(a) Findings.--Congress finds the following:
(1) The National Oceanic and Atmospheric Administration
promotes United States science and innovation by providing
weather forecasts, severe storm warnings, and climate
monitoring that support and affect more than one-third of the
national gross domestic product.
(2) The Office of Oceanic and Atmospheric Research provides
science that enables better forecasts, earlier warnings for
natural disasters, and a greater understanding of the Earth.
(3) The cutting-edge research conducted at OAR provides
citizens, planners, and emergency managers reliable information
that is critical to daily life.
(b) Authorization of Appropriations.--Of amounts otherwise
available to the National Oceanic and Atmospheric Administration, there
are authorized to be appropriated for the Office of Oceanic and
Atmospheric Research--
(1) $590,000,000 for fiscal year 2020;
(2) $655,555,555 for fiscal year 2021;
(3) $721,111,110 for fiscal year 2022;
(4) $786,666,665 for fiscal year 2023;
(5) $852,222,220 for fiscal year 2024;
(6) $917,777,775 for fiscal year 2025;
(7) $983,333,330 for fiscal year 2026;
(8) $1,048,888,885 for fiscal year 2027;
(9) $1,114,444,440 for fiscal year 2028; and
(10) $1,180,000,000 for fiscal year 2029.
TITLE V--NATIONAL SCIENCE FOUNDATION
SEC. 501. AUTHORIZATION OF APPROPRIATIONS.
(a) Fiscal Year 2020.--
(1) In general.--There are authorized to be appropriated to
the Foundation $8,278,330,000 for fiscal year 2020.
(2) Specific allocation.--Of the amount authorized by
paragraph (1)--
(A) $6,737,200,000 shall be made available for
research and related activities;
(B) $940,000,000 shall be made available for
education and human resources including--
(i) $75,000,000 for the Advanced Technical
Education Program;
(ii) $313,500,000 for the Graduate Research
Fellowship Program;
(iii) $67,000,000 for the Robert Noyce
Teacher Scholarship Program; and
(iv) $68,750,000 for the CyberCorps
Scholarship for Service Program;
(C) $243,230,000 shall be made available for major
research equipment and facilities construction, of
which $65,000,000 shall be for mid-scale projects;
(D) $336,900,000 shall be made available for agency
operations and award management;
(E) $4,500,000 shall be made available for the
Office of the National Science Board; and
(F) $16,500,000 shall be made available for the
Office of the Inspector General.
(b) Fiscal Year 2021.--
(1) In general.--There are authorized to be appropriated to
the Foundation $9,422,160,000 for fiscal year 2021.
(2) Specific allocation.--Of the amount authorized by
paragraph (1)--
(A) $7,824,000,000 shall be made available for
research and related activities;
(B) $980,000,000 shall be made available for
education and human resources including--
(i) $79,200,000 for the Advanced Technical
Education Program;
(ii) $342,000,000 for the Graduate Research
Fellowship Program;
(iii) $97,500,000 for the Robert Noyce
Teacher Scholarship Program; and
(iv) $82,500,000 for the CyberCorps
Scholarship for Service Program;
(C) $255,000,000 shall be made available for major
research equipment and facilities construction, of
which $90,000,000 shall be for mid-scale projects;
(D) $343,000,000 shall be made available for agency
operations and award management;
(E) $4,500,000 shall be made available for the
Office of the National Science Board; and
(F) $15,660,000 shall be made available for the
Office of the Inspector General.
(c) Fiscal Year 2022.--
(1) In general.--There are authorized to be appropriated to
the Foundation $10,106,500,000 for fiscal year 2022.
(2) Specific allocation.--Of the amount authorized by
paragraph (1)--
(A) $8,476,000,000 shall be made available for
research and related activities;
(B) $1,005,000,000 shall be made available for
education and human resources including--
(i) $85,800,000 for the Advanced Technical
Education Program;
(ii) $370,500,000 for the Graduate Research
Fellowship Program;
(iii) $113,750,000 for the Robert Noyce
Teacher Scholarship Program; and
(iv) $96,250,000 for the CyberCorps
Scholarship for Service Program;
(C) $255,000,000 shall be made available for major
research equipment and facilities construction, of
which $90,000,000 shall be for mid-scale projects;
(D) $350,000,000 shall be made available for agency
operations and award management;
(E) $4,500,000 shall be made available for the
Office of the National Science Board; and
(F) $16,000,000 shall be made available for the
Office of the Inspector General.
(d) Fiscal Year 2023.--
(1) In general.--There are authorized to be appropriated to
the Foundation $10,790,800,000 for fiscal year 2023.
(2) Specific allocation.--Of the amount authorized by
paragraph (1)--
(A) $9,128,000,000 shall be made available for
research and related activities;
(B) $1,029,000,000 shall be made available for
education and human resources including--
(i) $92,400,000 for the Advanced Technical
Education Program;
(ii) $399,000,000 for the Graduate Research
Fellowship Program;
(iii) $130,000,000 for the Robert Noyce
Teacher Scholarship Program; and
(iv) $110,000,000 for the CyberCorps
Scholarship for Service Program;
(C) $255,000,000 shall be made available for major
research equipment and facilities construction, of
which $90,000,000 shall be for mid-scale projects;
(D) $358,000,000 shall be made available for agency
operations and award management;
(E) $4,500,000 shall be made available for the
Office of the National Science Board; and
(F) $16,300,000 shall be made available for the
Office of the Inspector General.
(e) Fiscal Year 2024.--
(1) In general.--There are authorized to be appropriated to
the Foundation $11,501,100,000 for fiscal year 2024.
(2) Specific allocation.--Of the amount authorized by
paragraph (1)--
(A) $9,780,000,000 shall be made available for
research and related activities;
(B) $1,050,000,000 shall be made available for
education and human resources including--
(i) $99,000,000 for the Advanced Technical
Education Program;
(ii) $427,500,000 for the Graduate Research
Fellowship Program;
(iii) $132,600,000 for the Robert Noyce
Teacher Scholarship Program; and
(iv) $112,200,000 for the CyberCorps
Scholarship for Service Program;
(C) $285,000,000 shall be made available for major
research equipment and facilities construction, of
which $120,000,000 shall be for mid-scale projects;
(D) $365,000,000 shall be made available for agency
operations and award management;
(E) $4,500,000 shall be made available for the
Office of the National Science Board; and
(F) $16,600,000 shall be made available for the
Office of the Inspector General.
(f) Fiscal Year 2025.--
(1) In general.--There are authorized to be appropriated to
the Foundation $12,182,500,000 for fiscal year 2025.
(2) Specific allocation.--Of the amount authorized by
paragraph (1)--
(A) $10,432,000,000 shall be made available for
research and related activities;
(B) $1,072,000,000 shall be made available for
education and human resources including--
(i) $105,600,000 for the Advanced Technical
Education Program;
(ii) $456,000,000 for the Graduate Research
Fellowship Program;
(iii) $135,300,000 for the Robert Noyce
Teacher Scholarship Program; and
(iv) $114,400,000 for the CyberCorps
Scholarship for Service Program;
(C) $285,000,000 shall be made available for major
research equipment and facilities construction, of
which $205,000,000 shall be for mid-scale projects;
(D) $372,000,000 shall be made available for agency
operations and award management;
(E) $4,500,000 shall be made available for the
Office of the National Science Board; and
(F) $17,000,000 shall be made available for the
Office of the Inspector General.
(g) Fiscal Year 2026.--
(1) In general.--There are authorized to be appropriated to
the Foundation $12,863,800,000 for fiscal year 2026.
(2) Specific allocation.--Of the amount authorized by
paragraph (1)--
(A) $11,084,000,000 shall be made available for
research and related activities;
(B) $1,093,000,000 shall be made available for
education and human resources including--
(i) $112,200,000 for the Advanced Technical
Education Program;
(ii) $484,500,000 for the Graduate Research
Fellowship Program;
(iii) $138,000,000 for the Robert Noyce
Teacher Scholarship Program; and
(iv) $116,700,000 for the CyberCorps
Scholarship for Service Program;
(C) $285,000,000 shall be made available for major
research equipment and facilities construction, of
which $225,000,000 shall be for mid-scale projects;
(D) $380,000,000 shall be made available for agency
operations and award management;
(E) $4,500,000 shall be made available for the
Office of the National Science Board; and
(F) $17,300,000 shall be made available for the
Office of the Inspector General.
(h) Fiscal Year 2027.--
(1) In general.--There are authorized to be appropriated to
the Foundation $13,555,100,000 for fiscal year 2027.
(2) Specific allocation.--Of the amount authorized by
paragraph (1)--
(A) $11,736,000,000 shall be made available for
research and related activities;
(B) $1,115,000,000 shall be made available for
education and human resources including--
(i) $118,800,000 for the Advanced Technical
Education Program;
(ii) $513,000,000 for the Graduate Research
Fellowship Program;
(iii) $140,700,000 for the Robert Noyce
Teacher Scholarship Program; and
(iv) $119,000,000 for the CyberCorps
Scholarship for Service Program;
(C) $295,000,000 shall be made available for major
research equipment and facilities construction, of
which $225,000,000 shall be for mid-scale projects;
(D) $387,000,000 shall be made available for agency
operations and award management;
(E) $4,500,000 shall be made available for the
Office of the National Science Board; and
(F) $17,600,000 shall be made available for the
Office of the Inspector General.
(i) Fiscal Year 2028.--
(1) In general.--There are authorized to be appropriated to
the Foundation $14,237,500,000 for fiscal year 2028.
(2) Specific allocation.--Of the amount authorized by
paragraph (1)--
(A) $12,388,000,000 shall be made available for
research and related activities;
(B) $1,137,000,000 shall be made available for
education and human resources including--
(i) $125,400,000 for the Advanced Technical
Education Program;
(ii) $541,500,000 for the Graduate Research
Fellowship Program;
(iii) $143,500,000 for the Robert Noyce
Teacher Scholarship Program; and
(iv) $121,400,000 for the CyberCorps
Scholarship for Service Program;
(C) $295,000,000 shall be made available for major
research equipment and facilities construction, of
which $225,000,000 shall be for mid-scale projects;
(D) $395,000,000 shall be made available for agency
operations and award management;
(E) $4,500,000 shall be made available for the
Office of the National Science Board; and
(F) $18,000,000 shall be made available for the
Office of the Inspector General.
(j) Fiscal Year 2029.--
(1) In general.--There are authorized to be appropriated to
the Foundation $14,918,800,000 for fiscal year 2029.
(2) Specific allocation.--Of the amount authorized by
paragraph (1)--
(A) $13,040,000,000 shall be made available for
research and related activities;
(B) $1,158,000,000 shall be made available for
education and human resources including--
(i) $132,000,000 for the Advanced Technical
Education Program;
(ii) $570,000,000 for the Graduate Research
Fellowship Program;
(iii) $146,400,000 for the Robert Noyce
Teacher Scholarship Program; and
(iv) $123,800,000 for the CyberCorps
Scholarship for Service Program;
(C) $295,000,000 shall be made available for major
research equipment and facilities construction, of
which $225,000,000 shall be for mid-scale projects;
(D) $403,000,000 shall be made available for agency
operations and award management;
(E) $4,500,000 shall be made available for the
Office of the National Science Board; and
(F) $18,300,000 shall be made available for the
Office of the Inspector General.
SEC. 502. NSF ORGANIZATIONAL REVIEW.
(a) Sense of Congress.--It is the sense of Congress that--
(1) since its establishment in 1950, the National Science
Foundation has been the gold standard for the world in funding
basic science and engineering research;
(2) the National Science Foundation should continue to fund
competitive, merit-reviewed basic research across all fields of
science and engineering to achieve its statutory mission;
(3) scientific research has become increasingly
interdisciplinary, crossing the boundaries of individual fields
and the divisions and directorates of the National Science
Foundation that support research grants; and
(4) as the nature of scientific research changes, it is
important for the institutions that support science like the
National Science Foundation, to periodically evaluate whether
the organization needs to evolve to continue to fund the best
science, the best scientists, and the most groundbreaking
research.
(b) Study.--Not later than 60 days after the date of enactment of
this Act, the Director shall contract with the National Academy of
Public Administration (referred to in this section as the ``National
Academy'') to conduct a study on the organizational and management
structure of the Foundation, to--
(1) evaluate and make recommendations for the structure of
the Foundation's directorates, divisions, and offices of the
Foundation to efficiently and effectively fund and oversee
research grants and education and training programs;
(2) evaluate and make recommendations for any structural
changes needed to improve the support for cross-disciplinary
and trans-disciplinary research;
(3) evaluate and make recommendations for the long-term
planning and development of research infrastructure projects;
and
(4) make recommendations for the management of the
Foundation's business practices, including personnel and
financial management.
(c) Report to Congress.--Upon completion of the study under
subsection (b), the Director shall transmit the study to Congress along
with a summary of the Director's plans, if any, to implement the
recommendations of the National Academy.
SEC. 503. ETHICS AND SECURITY PLANS.
(a) Development of Ethics and Security Policies.--Not later than 6
months after the date of enactment of this Act, the Director shall
develop and implement a policy requiring that all proposals for
research funding from the Foundation include, if applicable, a plan for
managing the risk of any potential ethical or security implications
resulting from such research.
(b) Requirements.--The policy shall--
(1) include clear guidance of what constitutes ethical and
security risks;
(2) include field specific guidance as appropriate, which
may include biology, artificial intelligence, or cybersecurity;
(3) include mechanisms to ensure appropriate evaluation of
the submitted ethical and security plans required under this
section;
(4) include mechanisms to ensure that researchers comply
with approved ethical and security plans; and
(5) to the extent practical be harmonized with existing
ethical and security policies or requirements, including the
Common Rule (Federal Policy for the Protection of Human
Subjects, 45 CFR 690).
(c) Limitation.--The policy developed under subsection (a) shall
not factor into award decisions unless deemed necessary by the merit
review panel for each program.
SEC. 504. MAJOR RESEARCH INSTRUMENTATION UPDATE.
Section 7036(a) of the America COMPETES Act of 2007 (42 U.S.C.
1862o-14) is amended by striking ``The maximum award under the program
shall be $4,000,000 except if the total amount appropriated for the
program for a fiscal year exceeds $125,000,000, in which case the
maximum amount of an award shall be $6,000,000'' and inserting ``The
maximum amount of an award under the program shall be $6,000,000''.
SEC. 505. NSF MID-SCALE PROJECT INVESTMENTS.
(a) Findings.--Congress finds the following:
(1) The Foundation funds major research facilities,
infrastructure, and instrumentation that provide unique
capabilities at the frontiers of science and engineering.
(2) Modern and effective research facilities,
infrastructure, and instrumentation are critical to maintaining
United States leadership in science and engineering.
(3) The costs of some proposed research instrumentation,
equipment, and upgrades to major research facilities fall
between programs currently funded by the Foundation, creating a
gap between the established parameters of the Major Research
Instrumentation and Major Research Equipment and Facilities
Construction programs, including projects that have been
identified as cost-effective additions of high priority to the
advancement of scientific understanding.
(4) The National Science Board in a 2018 report to
Congress, ``Bridging the Gap: Building a Sustained Approach to
Mid-scale Research Infrastructure and Cyberinfrastructure at
NSF'' recommended funding mid-scale projects in the $20,000,000
to $70,000,000 range through the major research equipment and
facilities program.
(b) Mid-Scale Projects.--
(1) In general.--The Foundation may fund mid-scale projects
through the major research equipment and facilities
construction program.
(2) Project oversight update.--Section 110 of the American
Innovation and Competitiveness Act (42 U.S.C. 1862s-2) is
amended by striking (g)(2) and inserting the following:
``(2) Major multi-user research facility project.--The term
`major multi-user research facility project' means a science
and engineering construction or acquisition project that
exceeds $100,000,000 in total project costs to the
Foundation.''.
(c) Definition of Mid-Scale Projects.--In this section, the term
``mid-scale projects'' means research instrumentation, equipment, and
upgrades to major research facilities or other research infrastructure
investments that exceed the maximum award funded by the major research
instrumentation program and are below $100,000,000 total project cost.
SEC. 506. REPRODUCIBILITY IN SCIENCE.
(a) In General.--The Director shall award grants, on a competitive
basis, to institutions of higher education or nonprofit organizations
(or a consortia thereof) to--
(1) support research and development of open source, usable
tools and infrastructure that support reproducibility for a
broad range of studies across different disciplines;
(2) support research on computational reproducibility,
including the limits of reproducibility and the consistency of
computational results in the development of new computation
hardware, tools, and methods;
(3) support the education and training of students,
faculty, and researchers on computational methods and tools to
improve the quality of data and code to produce reproducible
research; and
(4) support the education and training of students,
faculty, and researchers on the knowledge, skills, and tools
needed to conduct research that adheres to the highest
scientific standard and to be able to clearly communicate
methods and results accurately and appropriately to reflect the
uncertainty involved in the research.
(b) Data Repositories.--Not later than 12 months after the date of
enactment of this Act, the Director of the National Science Foundation
shall coordinate with the heads of other Federal science agencies to
develop a set of criteria for trusted open repositories to be used by
the scientific community in order to facilitate the transparent sharing
and availability of data and code for federally funded research
studies.
(c) Definition of Reproducibility.--For the purposes of this
section, the term ``reproducibility'' means obtaining consistent
results using the same input data, computational steps, methods and
code, and conditions of analysis.
SEC. 507. PUBLIC-PRIVATE PARTNERSHIPS.
(a) In General.--The Director shall pursue partnerships with
private industry, private foundations, and/or other appropriate private
entities to--
(1) enhance the impact of the Foundation's investments and
contributions to American economic competitiveness and
security; and
(2) make available infrastructure, expertise, and financial
resources to the United States scientific and engineering
research and education enterprise.
(b) Merit-Review.--Nothing in this section shall be construed as
altering any intellectual or broader impacts criteria at the Foundation
for evaluating grant applications.
SEC. 508. EPSCOR.
(a) Sense of Congress.--
(1) In general.--It is the sense of Congress that--
(A) since maintaining the Nation's scientific and
economic leadership requires the participation of
talented individuals nationwide, EPSCoR investments
into State research and education capacities that are
in the Federal interest and should be sustained; and
(B) EPSCoR should maintain its experimental
component by supporting innovative methods for
improving research capacity and competitiveness.
(2) Definition of epscor.--In this subsection, the term
``EPSCoR'' has the meaning given the term in section 502 of the
America COMPETES Reauthorization Act of 2010 (42 U.S.C. 1862p
note).
(b) Update of EPSCoR.--Section 517(f)(2) of the America COMPETES
Reauthorization Act of 2010 (42 U.S.C. 1862p-9(f)(2)) is amended--
(1) in subparagraph (A), by striking ``and'' at the end;
and
(2) by adding at the end the following:
``(C) to increase the capacity of rural communities
to provide quality STEM education and STEM workforce
development programming to students, and teachers;
and''.
SEC. 509. COMPUTING ENCLAVE PILOT PROGRAM.
(a) In General.--The Director in consultation with the Director of
the National Institute of Standards and Technology and the Secretary of
Energy, shall award grants to establish a pilot program to ensure the
security of federally supported research data and to assist regional
institutions of higher education and their researchers in compliance
with regulations regarding the safeguarding of sensitive information
and other relevant regulations and Federal guidelines.
(b) Structure.--In carrying out the pilot program established
pursuant to subsection (a), the Director shall select three
institutions of higher education from among institutions classified
under the Indiana University Center for Postsecondary Research Carnegie
Classification as a doctorate-granting university with a very high
level of research activity, and with a history of working with secure
information for the development, installation, maintenance, or
sustainment of secure computing enclaves.
(c) Regionalization.--
(1) In selecting universities pursuant to subsection (b),
the Director shall give preference to institutions of higher
education with the capability of serving other regional
universities.
(2) The enclaves should be geographically dispersed to
better meet the needs of regional interests.
(d) Program Elements.--The Director shall work with Institutions of
Higher Education selected pursuant to subsection (b) to--
(1) develop an approved design blueprint for compliance
with Federal data protection protocols;
(2) develop a comprehensive and confidential list, or a
bill of materials, of each binary component of the software,
firmware, or product that is required to deploy additional
secure computing enclaves;
(3) develop templates for all policies and procedures
required to operate the secure computing enclave in a research
setting;
(4) develop a system security plan template; and
(5) develop a process for managing a plan of action and
milestones for the secure computing enclave.
(e) Duration.--The pilot program established pursuant to subsection
(a) shall operate for not less than 3 years.
(f) Report.--
(1) In general.--The Director shall report to Congress not
later than 6 months after the completion of the pilot program
under subsection (a).
(2) Contents.--The report required under paragraph (1)
shall include--
(A) an assessment of the pilot program under
subsection (a), including an assessment of the security
benefits provided by such secure computing enclaves;
(B) recommendations related to the value of
expanding the network of secure computing enclaves; and
(C) recommendations on the efficacy of the use of
secure computing enclaves by other Federal agencies in
a broader effort to expand security of Federal
research.
SEC. 510. DEFINITIONS.
In this title, unless expressly provided otherwise:
(1) Director.--The term ``Director'' means the Director of
the National Science Foundation.
(2) Federal science agency.--The term ``Federal science
agency'' has the meaning given the term in section 103 of the
America COMPETES Reauthorization Act of 2010 (42 U.S.C. 6623).
(3) Foundation.--The term ``Foundation'' means the National
Science Foundation.
(4) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 101(a) of the Higher Education Act of 1965 (20
U.S.C. 1001(a)).
TITLE VI--STEM WORKFORCE FOR THE 21ST CENTURY
SEC. 601. FINDINGS; SENSE OF CONGRESS.
(a) Findings.--Congress finds the following:
(1) Many reports over the past decade have found that it is
critical to our Nation's economic leadership and global
competitiveness that the United States educates and trains more
scientists and engineers.
(2) According to the National Science Board's Science and
Engineering Indicators, the science and engineering workforce
has grown faster over time than the workforce overall and now
represents 5 percent of all United States jobs, with a median
salary more than double that of non-science and engineering
occupations.
(3) According to Bureau of Labor Statistics projections,
the faster growth in STEM employment relative to overall
employment is expected to continue, and the United States will
need one million additional STEM professionals than it is on
track to produce in the coming decade.
(4) A recent report by ACT, the scholastic testing service,
found that only 20 percent of United States students in the
2016 ACT-tested high school graduating class were ready for
first-year STEM college courses.
(5) Out of the 70 countries that participate in the
Organisation for Economic Co-operation and Development's
Programme for International Student Assessment, the United
States ranks 25th in science and 40th in mathematics.
(6) The Federal Government spends over $3 billion annually
on STEM education related research, programs and activities,
but encouraging STEM education activities beyond the scope of
the Federal Government is crucial to the future technical and
economic competitiveness of the United States.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the Nation's future economic and national security
relies on building a STEM-capable workforce in order to remain
competitive in the global economy, foster greater innovation,
and provide a foundation for shared prosperity;
(2) the Federal Government plays a key role in developing
and sustaining a STEM-capable workforce by working with
stakeholders at all levels, including researchers,
practitioners, industry, and State and local governments to
support and promote evidence-based approaches;
(3) applying a more holistic view of the STEM workforce
that moves beyond academic degrees and occupations will
highlight the contributions and opportunities for workers at
all education levels;
(4) increasing the diversity and inclusion in the STEM
workforce is needed to help address the STEM skills shortage;
(5) supporting an interdisciplinary approach to STEM
learning, where academic concepts are coupled with real-world
applications and students use STEM in contexts that make
connections between school, community, work, and the wider
world will improve outcomes for students in elementary,
secondary and post-secondary education and for skilled
technical workers in different career stages;
(6) leveraging private and nonprofit investments in STEM
education will be essential to strengthening the Federal STEM
portfolio; and
(7) coordinating STEM programs and activities across the
Federal Government in order to limit duplication and engage
stakeholders in STEM programs and related activities for which
objective outcomes can be measured will bolster results of
Federal STEM education programs, improve the return on
taxpayers' investments in STEM education programs, and in turn
strengthen the United States economy.
SEC. 602. ADVANCED TECHNICAL EDUCATION AND SKILLED TECHNICAL WORKFORCE.
(a) Findings.--Congress finds the following:
(1) A National Academies of Science, Engineering, and
Medicine report predicts a shortfall of nearly 3,400,000
skilled technical workers by 2022.
(2) The National Science Foundation's Advanced Technical
Education program is critical to helping improve the training
of the skilled technical workforce, with an emphasis on two-
year Institutions of Higher Education (IHEs) and educating
technicians for the high-technology fields that drive our
nation's economy.
(3) The National Science Board's 2019 report on the skilled
technical workforce called for strengthening partnerships
between skilled technical workforce programs and business and
industry.
(b) Advanced Technical Education Program Update.--Section 3(b) of
the Scientific and Advanced-Technology Act of 1992 (42 U.S.C. 1862i(b))
is amended to read as follows:
``(b) National Coordination Network for Science and Technical
Education.--The Director shall award grants to institutions of higher
education, nonprofit institutions, associate-degree granting colleges
(or consortia thereof) to establish a network of centers for science
and technical education. The centers shall--
``(1) coordinate research, training and education
activities funded by awards under subsection (a) and share
information and best practices across the network of awardees;
``(2) serve as national and regional clearinghouse and
resource to communicate and coordinate research, training and
educational activities across disciplinary, organizational,
geographic and international boundaries and disseminate best
practices; and
``(3) develop national and regional partnerships between K-
12 schools, two-year colleges, institutions of higher
education, workforce development programs, and industry to meet
workforce needs.''.
(c) NSF Portfolio Review and Coordination Plan.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Director of the National Science
Foundation shall conduct a full portfolio analysis of the
Foundation's skilled technical workforce investments and
develop a plan to improve coordination and collaboration of
research and education investments and the communication of
those funding opportunities to the research and education
community.
(2) Submission to congress.--Not later than 180 days after
the date of the review and development of the plan under
paragraph (1) is complete, the Director of the National Science
Foundation shall submit to Congress and make widely available
to the public a summary of the portfolio review and plan.
SEC. 603. GRADUATE RESEARCH FELLOWSHIP PROGRAM UPDATE.
(a) Findings.--Congress finds the following:
(1) The National Science Foundation Graduate Research
Fellowship Program is the nation's oldest fellowship program
that directly supports American graduate students in various
STEM fields and is a model for training the best innovators in
the United States.
(2) Since 1952, NSF has funded over 50,000 Graduate
Research Fellowships out of more than 500,000 applicants, 42
Fellows have gone on to become Nobel laureates, and more than
450 have become members of the National Academy of Sciences.
(3) Foreign nations are increasingly investing in foreign
talent programs to compete with the United States.
(b) Sense of Congress.--It is the sense of Congress that the
National Science Foundation should grow the number of new graduate
research fellows supported annually over the next 10 years to no less
than 2,500 fellows.
(c) Program Update.--Section 10 of the National Science Foundation
Act of 1950 (42 U.S.C. 1869) is amended--
(1) in subsection (a), by inserting ``and as will address
national workforce demand in critical STEM fields'' after
``throughout the United States'';
(2) in subsection (b), by striking ``of $12,000'' and
inserting ``sufficient to cover full tuition and mandatory
fees''; and
(3) by adding at the end the following:
``(c) Outreach.--The Director shall ensure program outreach to
recruit fellowship applicants from fields of study that are in areas of
critical national need, from all regions of the country, and from
historically underrepresented populations in STEM.''.
SEC. 604. ROBERT NOYCE TEACHER SCHOLARSHIP PROGRAM SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the Robert Noyce Teacher Scholarship Program plays an
important role in supporting the development and dissemination
of evidence-based teacher preparation models and the
recruitment, preparation, and retention of STEM educators;
(2) the Robert Noyce Teacher Scholarship Program improves
recruitment of underrepresented and STEM-trained students into
teaching, encourages teachers to work in high-need areas, and
can improve relationships between teacher preparation programs
and industry; and
(3) the Robert Noyce Teacher Scholarship Program which
currently supports between 1,000 to 1,500 new math and science
teachers a year, including in high-need districts should be
doubled over the next ten years to meet the growing demand for
STEM capable educators.
TITLE VII--ANTARCTIC SCIENCE AND CONSERVATION MODERNIZATION
Subtitle A--Antarctic Nongovernmental Activity Preparedness Act
SEC. 701. CONGRESSIONAL FINDINGS AND DECLARATION OF PURPOSE.
(a) Findings.--The Congress finds that--
(1) for over half a century, scientific investigation and
environmental protection has been the principal activity of the
Federal Government and United States citizens in Antarctica;
(2) the National Science Foundation funds and manages the
United States Antarctic Program, the national program of
scientific research in Antarctica, together with associated
logistical support activities, infrastructure, as well as broad
environmental stewardship responsibilities in Antarctica;
(3) land- and ship-borne tourism in Antarctica, including
tourism that United States-based companies organize or
originate, continues to increase at a significant rate;
(4) achievement of the United States Antarctic Program
scientific objectives requires the full commitment of the
operational and logistics capabilities of the Program;
(5) long-standing United States policy regarding private
non-governmental expeditions to Antarctica has been not to
offer support or other services to private expeditions in
Antarctica, and, instead, to encourage complete operational and
financial self-sufficiency on the part of non-governmental
expeditions to Antarctica;
(6) in limited emergency situations the United States may
attempt, at its discretion and in accordance with international
law and humanitarian principles, the rescue of private
individuals provided that no unacceptable risks are posed to
United States personnel and the rescue can be accomplished by
the United States within locally available means;
(7) increased tourism and other non-governmental activities
could result in additional health and safety, search and
rescue, medical care and evacuation costs. These costs could
increase the financial burden on the United States Antarctic
Program, increase the risks to the safety of those involved in
search and rescue, and jeopardize scientific objectives through
the diversion of resources; and
(8) in recognition of the growing potential for additional
costs to be imposed on national Antarctic programs, the
Antarctic Treaty Consultative Parties, including the United
States, adopted Measure 4 (2004), ``Insurance and Contingency
Planning for Tourism and Non-Governmental Activities in the
Antarctic Treaty Area''. Measure 4 (2004), after it takes
effect, will require the Parties to impose operational and
financial self-sufficiency requirements on non-governmental
persons organizing expeditions to Antarctica organized in or
proceeding from their country.
(b) Purpose.--The purpose of this subtitle is to implement Measure
4 (2004), ``Insurance and Contingency Planning for Tourism and Non-
Governmental Activities in the Antarctic Treaty Area''.
SEC. 702. DEFINITIONS.
For purposes of this subtitle:
(1) The term ``Antarctica'' means the area south of 60
degrees south latitude.
(2) The term ``Director'' means the Director of the
National Science Foundation.
(3) The term ``expedition'' means an activity undertaken by
one or more non-governmental persons organized within or
proceeding from the United States to or within Antarctica for
which advance notification is required under Paragraph 5 of
Article VII of the Antarctic Treaty. The term ``expedition''
does not include fishing activities or the operation of fishing
vessels.
(4) The term ``person'' has the meaning given that term in
section 1 of title 1, United States Code, and includes any
person subject to the jurisdiction of the United States except
that the term does not include any department, agency, or other
instrumentality of the Federal Government.
SEC. 703. OBLIGATION OF PERSONS ORGANIZING EXPEDITIONS TO PREPARE
CONTINGENCY PLANS AND OBTAIN INSURANCE.
(a) Persons organizing expeditions shall--
(1) prepare and establish appropriate contingency plans and
sufficient arrangements for health and safety, search and
rescue, medical care and evacuation of persons engaged in an
expedition;
(2) obtain adequate insurance or other financial
arrangements to cover all costs associated with search and
rescue and medical care and possible evacuation of any persons
engaged in an expedition; and
(3) establish or obtain the contingency plans, arrangements
and insurance or other financial arrangements referred to in
this subsection prior to the date on which an expedition
commences.
(b) The contingency plans and other arrangements referred to in
subsection (a) shall not rely on support from national Antarctic
programs or other agencies of governments conducting research or other
activities in Antarctica without their express written agreement.
SEC. 704. CERTIFICATION OF COMPLIANCE.
(a) Persons organizing expeditions shall submit to the Director a
written certification that confirms its compliance with the
requirements of section 703 of this subtitle, including a statement
that all such plans, arrangements and insurance or other financial
arrangements meet all applicable international and domestic legal and
regulatory requirements as well as clearly established industry
standards.
(b) Any certification filed pursuant to subsection (a) of this
section shall contain an acknowledgment that any knowing and willful
false statement made in such certification is punishable under section
1001 of title 18, United States Code, by fine or imprisonment of not
more than 5 years, or both. The Director may refer potential violations
of section 1001 of such title to the Department of Justice for criminal
prosecution, as appropriate.
SEC. 705. COSTS AND ADMINISTRATIVE FEES.
(a) If any person organizing an expedition receives any services
covered by this subtitle from any department, agency, or
instrumentality of the Federal Government, or contractors working in
support of such entities, absent an express written agreement for such
services with the National Science Foundation, the Director may assess
the costs, direct and indirect, of any such services incurred by the
National Science Foundation, its contractors, or other department,
agency or instrumentality of the Federal Government, including all
reasonable attorney's fees and costs associated with the collection of
such sums. The Director may request the Attorney General to initiate a
civil action for the recovery of such costs. The National Science
Foundation is authorized to retain all monies collected pursuant to
this subsection and shall distribute such monies to any department,
agency or instrumentality of the Federal Government to the extent non-
reimbursed costs were actually incurred by those entities. Such monies
shall remain available for expenditure, without further appropriation,
until expended.
(b) Beginning in fiscal year 2014 and thereafter, the Director may
establish, modify, charge, and collect administrative fees for the
administration of the requirements of this subtitle. The National
Science Foundation is authorized to retain all monies collected
pursuant to this section. Such monies shall remain available for
expenditure, without further appropriation, until expended.
SEC. 706. FOREIGN EXPEDITIONS.
A person organizing an expedition shall not be required to comply
with the provisions of this subtitle if the Secretary of State
determines at any time, in writing, that another Party to the Antarctic
Treaty has jurisdiction over that expedition and is exercising its
authority with regard to that expedition. However, to the extent the
National Science Foundation, its contractors, or other department,
agency or instrumentality of the Federal Government incurs direct or
indirect costs relating to services covered by this subtitle for an
expedition, those costs remain recoverable against persons subject to
the jurisdiction of the United States pursuant to section 705.
SEC. 707. CIVIL PENALTIES.
(a) Assessment of Penalties.--Any person organizing an expedition
that the Director determines, after notice and an opportunity for a
hearing, to have failed to comply with the requirements of this
subtitle, or its implementing regulations, shall be liable to the
United States for a civil penalty. The amount of the civil penalty
shall not exceed $125,000 for each violation unless the prohibited act
was knowingly committed, in which case the amount of the civil penalty
shall not exceed $250,000 for each violation. Each day an expedition
remains in Antarctica without complying with the requirements of this
subtitle shall constitute a separate offense for penalty purposes. The
amount of any civil penalty shall be assessed by the Director by
written notice. Any civil penalty assessed under this subsection may be
remitted or mitigated by the Director.
(b) Hearings.--Hearings for the assessment of civil penalties under
subsection (a) shall be conducted in accordance with section 554 of
title 5, United States Code. For the purposes of conducting any such
hearing, the Director may issue subpoenas for the attendance and
testimony of witnesses and the production of relevant papers, books,
and documents, and may administer oaths. Witnesses summoned shall be
paid the same fees and mileage that are paid to witnesses in the courts
of the United States. In case of contumacy or refusal to obey a
subpoena served upon any person pursuant to this subsection, the
district court of the United States for any district in which such
person is found, resides, or transacts business, upon application by
the United States and after notice to such person, shall have
jurisdiction to issue an order requiring such person to appear and give
testimony before the Director or to appear and produce documents before
the Director, or both, and any failure to obey such order of the court
may be punished by such court as a contempt thereof.
(c) Review.--Upon the failure of any person against whom a civil
penalty is assessed under subsection (a) of this section to pay such
penalty, the Director may request the Attorney General to institute a
civil action in a district court of the United States for any district
in which such person is found, resides, or transacts business to
collect the penalty and such court shall have jurisdiction to hear and
decide any such action. The court shall hear such action on the record
made before the Director and shall sustain the decision of the Director
if it is supported by substantial evidence on the record considered as
a whole.
(d) Penalties Under Other Laws.--The assessment of a civil penalty
under subsection (a) of this section for any act shall not be deemed to
preclude the assessment of a civil penalty for such act under any other
law.
SEC. 708. REGULATIONS.
The Director may prescribe such regulations as may be appropriate
to implement and enforce the provisions of this subtitle.
SEC. 709. EFFECTIVE DATE.
This subtitle shall take effect 180 days after enactment.
Subtitle B--Antarctic Environmental Liability Act of 2020
SEC. 711. SHORT TITLE.
This subtitle may be cited as the ``Antarctic Environmental
Liability Act of 2020''.
SEC. 712. PURPOSE.
The purpose of this subtitle is to implement Annex VI to the
Protocol on Environmental Protection to the Antarctic Treaty,
``Liability Arising From Environmental Emergencies''.
SEC. 713. IMPLEMENTING AMENDMENTS.
(a) In General.--The Antarctic Conservation Act of 1978 (16 U.S.C.
2401 et seq.) is amended--
(1) in section 3, by striking ``and'' at the end of
paragraph (22), striking the period at the end of paragraph
(23) and inserting a semicolon, and by adding at the end the
following:
``(24) the term `Annex VI' means Annex VI to the Protocol
on Environmental Protection to the Antarctic Treaty, Liability
Arising From Environmental Emergencies;
``(25) the term `environmental emergency' means any event
that occurs after the entry into force of Annex VI, and that
results in, or imminently threatens to result in, any
significant and harmful impact on the Antarctic environment;
``(26) the term `nongovernmental operator' means any
operator other than a governmental operator or a contractor or
subcontractor acting on behalf of any governmental operator;
``(27) the term `operator' means any person who organizes
activities (including tourist activities) in the United States
to be carried out in Antarctica, and any person who organizes
activities (including tourist activities) in a country other
than the United States to be carried out in Antarctica if such
person has its principal place of business or habitual place of
residence in the United States, or is incorporated in the
United States, except that the term operator does not include--
``(A) an individual who is an employee, contractor,
subcontractor, or agent of, or who is in the service
of, a person who organizes activities to be carried out
in Antarctica;
``(B) a contractor or subcontractor acting on
behalf of any governmental operator; or
``(C) any person who organizes only fishing
activities to be carried out in Antarctica;
``(28) the term `reasonable', as applied to `preventative
measures' and `response action', means measures or actions
which are appropriate, practicable, proportionate and based on
the availability of objective criteria and information,
including--
``(A) risks to the Antarctic environment, and the
rate of its natural recovery;
``(B) risks to human life and safety; and
``(C) technological and economic feasibility; and
``(29) the term `response action' means reasonable measures
taken after an environmental emergency has occurred to avoid,
minimize or contain the impact of that environmental emergency,
which to that end may include clean-up in appropriate
circumstances, and includes determining the extent of that
emergency and its impact, except that for purposes of this Act,
the definition of `response' contained in section 101(25) of
the Comprehensive Environmental Response, Compensation, and
Liability Act (42 U.S.C. 9601(25)) shall not apply.'';
(2) by inserting after section 4A the following:
``SEC. 4B. PREVENTATIVE MEASURES.
``(a) Operators shall undertake reasonable preventative measures
that are designed to reduce the risk of environmental emergencies and
their potential adverse impact.
``(b) Such preventative measures may include--
``(1) specialized structures or equipment incorporated into
the design and construction of facilities and means of
transportation;
``(2) specialized procedures incorporated into the
operation or maintenance of facilities and means of
transportation; and
``(3) specialized training of personnel.
``SEC. 4C. CONTINGENCY PLANS.
``(a) Operators shall--
``(1) establish contingency plans for responses to
incidents with potential adverse impacts on the Antarctic
environment or dependent and associated ecosystems; and
``(2) cooperate in the formulation and implementation of
such contingency plans.
``(b) Such contingency plans shall include, when appropriate, the
following components:
``(1) procedures for conducting an assessment of the nature
of the incident;
``(2) notification procedures;
``(3) identification and mobilization of resources;
``(4) response plans;
``(5) training;
``(6) recordkeeping; and
``(7) demobilization.
``SEC. 4D. RESPONSE ACTION.
``An operator shall take prompt and effective response action to
environmental emergencies arising from the activities of that
operator.'';
(3) by inserting after section 6 the following:
``SEC. 6A. LIABILITY OF NONGOVERNMENTAL OPERATORS.
``(a) Liability.--Whenever, on the basis of information available
to it, a Government of a State Party to Annex VI, other than the United
States--
``(1) finds that a nongovernmental operator has failed to
take prompt and effective response action to an environmental
emergency arising from that operator's activities, as required
by section 4D, and
``(2) said Government takes a response action to that
environmental emergency, such Government may bring a civil
action against that operator to recover the costs of such
response action in an appropriate district court in accordance
with section 12.
Any such operator found to have violated the requirements of section 4D
shall be liable to pay to that Government the costs of the response
action taken by such Government.
``(b) Failure To Comply.--Failure of a Government to comply with
the provisions of Article 5, paragraphs 3, 4, or 5 of Annex VI shall
not be a defense to liability under this section.
``(c) Strict Liability.--Liability pursuant to subsections (a),
(e), (k), and (l) shall be strict.
``(d) Joint Liability.--When an environmental emergency arises from
the activities of two or more nongovernmental operators, they shall be
jointly and severally liable under subsection (a), (k), or (l), except
that an operator which establishes that only part of the environmental
emergency resulted from its activities shall be liable in respect of
that part only.
``(e) Claims.--Any nongovernmental operator may seek contribution
from any other nongovernmental operator that is liable or potentially
liable under section 2406 of this title. Such claims shall be brought
in accordance with this section and the Federal Rules of Civil
Procedure, and shall be governed by Federal law. In resolving
contribution claims, the court may allocate response costs among liable
parties using such equitable factors as the court determines are
appropriate. Nothing in this subsection shall diminish the right of any
person to bring an action for contribution in the absence of a civil
action under subsection (a), (k), or (l) of section 7.
``(f) Period in Which Actions May Be Brought.--
``(1) Response period.--An action under section 7(a) or (k)
of this title must be commenced within three years of the
commencement of the response action or within three years of
the date on which the Government bringing the action knew or
ought reasonably to have known the identity of the
nongovernmental operator, whichever is later. In no event shall
an action against a nongovernmental operator be commenced later
than 15 years after the commencement of the response action.
``(2) Cost recovery period.--An action under section 7(e)
of this title for contribution toward costs incurred pursuant
to section 7(a) or (b) must be commenced within three years of
the date of judgment in any action under section 7(a) or (k)
for recovery of such response costs or in the absence of such
an action, within three years of the date that the person
seeking contribution knew or ought reasonably to have known the
identity of the nongovernmental operator.
``(3) Cost contribution period.--An action under section
7(e) for contribution toward response costs assessed pursuant
to section 7(l) must be commenced within three years of the
date of the assessment or within three years of the date of any
judgment under subsection 7(l)(vii), whichever is later.
``(g) Liability Cost Limit.--The maximum amount for which each
nongovernmental operator may be liable for the costs of response
actions under sections 7(a), 7(k), or 7(l), in respect of each
environmental emergency, shall be as follows:
``(1) For an environmental emergency arising from an event
involving a ship:
``(A) one million SDR for a ship with a tonnage not
exceeding 2,000 tons; and
``(B) for a ship with a tonnage in excess of 2,000
tons, the following amount in addition to that referred
to in subparagraph (A):
``(i) for each ton from 2,001 to 30,000
tons, 400 SDR;
``(ii) for each ton from 30,001 to 70,000
tons, 300 SDR; and
``(iii) for each ton in excess of 70,000
tons, 200 SDR.
``(2) For an environmental emergency arising from an event
which does not involve a ship, three million SDR.
``(3) For the purposes of this subsection:
``(A) `ship' means a vessel of any type whatsoever
operating in the marine environment and includes
hydrofoil boats, air-cushion vehicles, submersibles,
floating craft and fixed or floating platforms;
``(B) `SDR' means the Special Drawing Rights as
defined by the International Monetary Fund; and
``(C) a ship's tonnage shall be the gross tonnage
calculated in accordance with the tonnage measurement
rules contained in Annex I of the International
Convention on Tonnage Measurement of Ships, 1969.
``(h) Exception.--Notwithstanding the provisions of subsection (g),
liability shall not be limited if it is proved that the environmental
emergency resulted from an act or omission of the operator, committed
with the intent to cause such emergency, or recklessly and with
knowledge that such emergency would probably result.
``(i) Exception.--A nongovernmental operator shall not be liable
pursuant to subsection (a), subsection (e), subsection (k), or
subsection (l) if it proves that the environmental emergency was caused
by--
``(1) an act or omission necessary to protect human life or
safety;
``(2) an event constituting in the circumstances of
Antarctica a natural disaster of an exceptional character,
which could not have been reasonably foreseen, either generally
or in the particular case, provided all reasonable preventative
measures were taken that are designed to reduce the risk of
environmental emergencies and their potential adverse impact;
``(3) an act of terrorism by some other person or entity;
or
``(4) an act of belligerency by some other person or entity
against the activities of the operator.
``(j) Insurance Requirement.--Nongovernmental operators shall
maintain adequate insurance or other financial security, such as the
guarantee of a bank or similar financial institution, to cover
liability under section 7 of this title up to the limits set forth in
subsection (g).
``(k) Civil Action.--Whenever, on the basis of information
available to it, a department, agency or other instrumentality of the
United States (i) finds that a nongovernmental operator has failed to
take prompt and effective response action to an environmental emergency
arising from its activities, as required by section 4D, and (ii) takes
a response action to that environmental emergency, such department,
agency or other instrumentality may request the Attorney General to
bring a civil action to recover the costs of such response action in an
appropriate district court in accordance with section 12 of this title.
Any such operator found to have violated the requirements of section 4D
shall be liable to the United States for the costs of the response
action taken by said department, agency or instrumentality. The
department, agency, or other instrumentality of the United States that
takes a response action under this subsection, or section 9(a), is
authorized to retain, in its budget, the monies collected pursuant to
this subsection. Such monies shall remain available for expenditure,
without further appropriation, until expended by that department,
agency or other instrumentality.
``(l) Notification.--Upon notice that a nongovernmental operator
has failed to take prompt and effective response action to an
environmental emergency arising from its activities, as required by
section 4D, and no response action was taken by any Party to the
Protocol, the following procedures shall be followed:
``(1) The Director, after notice and opportunity for a
hearing in accordance with subsection (l)(ii), shall assess the
cost of the response action that should have been taken and may
assess the reasonable costs incurred by the United States under
this subsection to determine that cost. The Director is
authorized to promulgate regulations to implement this
subsection.
``(2) Hearings for the assessment of the costs under
subsection (l)(i) shall be conducted in accordance with section
554 of title 5, United States Code. For the purposes of
conducting any such hearing, the Director may issue subpoenas
for the attendance and testimony of witnesses and the
production of relevant papers, books, and documents, and may
administer oaths. Witnesses summoned shall be paid the same
fees and mileage that are paid to witnesses in the courts of
the United States. In case of contumacy or refusal to obey a
subpoena served upon any person pursuant to this subsection,
the district court of the United States for any district in
which such person is found, resides, or transacts business,
upon application by the United States and after notice to such
person, shall have jurisdiction to issue an order requiring
such person to appear and give testimony before the Director or
to appear and produce documents before the Director and any
failure to obey such order of the court may be punished by such
court as a contempt thereof.
``(3) Response action costs assessed pursuant to this
section shall reflect, as much as possible, the costs of the
response action that should have been taken and the maximum
recovery amount of those costs shall be as set forth in
subsection (g). Further, the assessment of response action
costs pursuant to this section shall not be deemed to preclude
the assessment of additional civil or criminal penalties for
violations of any other provision of this Chapter or any other
law.
``(4) At the request of the Director, and with the
concurrence of the Secretary of the Department in which the
Coast Guard is operating, the Commandant of the Coast Guard
shall--
``(A) render, on a non-reimbursable basis, such
assistance that the Director may require, necessary to
assess the cost of response action that should have
been taken in the case of an environmental emergency
caused by the operator's ship-based activities,
including any determination concerning the underlying
response activity; and
``(B) conduct, on a non-reimbursable basis, an
investigation or an evidentiary hearing, necessary to
assess the cost of the response action that should have
been taken in the case of an environmental emergency
caused by the operator's ship-based activities,
including any determination concerning the underlying
response activity and to submit to the Director
proposed findings of fact and recommendations for
adjudication by the Director.
``(5) With regard to any investigation or evidentiary
hearing conducted pursuant to clause (iv), the Director is
authorized to delegate, to the Commandant, the authority, set
forth in clause (ii), to issue subpoenas and administer oaths,
and to pay fees and mileage. In case of contumacy or refusal to
obey a subpoena served upon any person pursuant to this clause,
the district court of the United States for any district in
which such person is found, resides, or transacts business,
upon application by the United States and after notice to such
person, shall have jurisdiction to issue an order requiring
such person to appear and give testimony before the agency head
or to appear and produce documents before the agency head, and
any failure to obey such order of the court may be punished by
such court as a contempt thereof.
``(6) The Director shall not commence an administrative
proceeding in accordance with clauses (i) and (ii) of this
section later than 15 years after the United States Government
becomes aware of the environmental emergency.
``(7) Upon the failure of any operator against whom costs
have been assessed under this section to pay such costs, the
Director may request the Attorney General to institute a civil
action in a district court of the United States for any
district in which such person is found, resides, or transacts
business to collect the costs and such court shall have
jurisdiction to hear and decide any such action. The court
shall hear such action on the record made before the Director
pursuant to this section and shall sustain the Director's
decision if it is supported by substantial evidence on the
record considered as a whole.
``(m) Fees.--Any monetary recovery under subsections (a), (k) and
(l) shall, in addition, include all reasonable attorney's fees and
costs.
``(n) Article 12 Fund.--An amount equal to the amount recovered
pursuant to section (1) for the cost of the response action that should
have been taken shall be forwarded to the fund established pursuant to
Article 12 of Annex VI.
``(o) Expenditure.--To the extent the department, agency, or other
instrumentality of the United States retains monies collected pursuant
to this section, such entity is authorized to retain, in its budget,
the monies collected pursuant to this section. Such monies shall remain
available for expenditure, without further appropriation, until
expended by that department, agency or other instrumentality of the
United States.'';
(4) in section 6--
(A) in subsection (a)--
(i) by striking ``Annex II and Annex V''
and inserting ``Annex II, Annex V and Annex
VI''; and
(ii) by striking ``including sections
4(b)(2), (3), (4) and (5)'' and inserting
``including section 3, section 4(b)(2), (3),
(4) and (5), section 4D and section 7''; and
(B) in subsection (b), by striking ``to implement
Annex IV to the Protocol and the provisions of this Act
which implement that Annex'' and inserting ``to
implement Annex IV and ship-based matters under Annex
VI to the Protocol and the provisions of this Act which
implement these Annexes'';
(5) in section 9--
(A) in subsection (a) by adding ``other than a
Federal department, agency or instrumentality'' after
``person''; and
(B) by striking ``$5,000'' and inserting
``$10,000'';
(6) in section 11--
(A) by striking the section heading and inserting
``jurisdiction of federal courts; venue, review of
regulations; service of process'';
(B) by inserting ``(a) U.S. District Courts.--''
before ``The district courts of the United States shall
have exclusive jurisdiction over any case or
controversy arising under the provisions of this
chapter or of any regulation prescribed, or permit
issued, under this chapter.''; and
(C) by adding the following subsections at the end
of the section:
``(b) Jurisdiction.--An action by any Government of a State Party
to Annex VI, including the United States, against any person subject to
legal action under this chapter may be brought only in a district court
in a jurisdiction where such person is located or resides or is doing
business. A claim for contribution by a nongovernmental operator under
section 2406(e) of this title may be brought in any district in which
the defendant resides, may be found, or has his principal office.
``(c) Limitation.--In any action brought under section 2406 of this
title, process may be served in any district where the defendant is
found, resides, transacts business, or has appointed an agent for the
service of process.''.
SEC. 714. EFFECTIVE DATE.
This subtitle and the amendments made by this subtitle shall take
effect upon the entry into force of Annex VI, except that the
amendments made by subsections (f) and (g) of section 713 shall take
effect immediately upon the enactment of this Act.
TITLE VIII--TECHNOLOGY TRANSFER AND INNOVATION
SEC. 801. FEDERAL LABORATORY COMPUTER PROGRAMS UPDATE.
(a) Utilization of Federal Technology Update.--Section 11 of the
Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710) is
amended by adding at the end the following:
``(j)(1) Copyright Protection.--Pursuant to section 105(b)(1) of
title 17, United States Code, and subject to the requirements therein,
the director of any Government-operated Federal laboratory may seek
copyright protection on behalf of the United States in a work described
in that section.
``(2) Guidelines.--The Secretary is authorized to provide
guidelines to implement paragraph (1) of this section and to provide
guidance for the management of works in which copyright protection is
obtained.''.
(b) Government Works Copyright Update.--Section 105 of title 17,
United States Code, is amended--
(1) by striking ``Copyright protection'' and inserting
``(a) Copyright protection''; and
(2) by adding at the end the following:
``(b) Notwithstanding subsection (a), copyright protection under
this title is available for--
``(1) a computer program that is a work of the United
States Government and is created at a Federal laboratory, as
defined in section 4 of the Stevenson-Wydler Technology
Innovation Act of 1980 (15 U.S.C. 3703), and which is a result
of research, development, or engineering at the Federal
laboratory, provided that the United States Government makes
application for copyright registration under section 409
pursuant to the authority granted under section 11(k) of such
Act within 6 months from employee disclosure of the work to the
Federal laboratory, and provided further that a certificate of
registration is issued pursuant to section 410 of this title or
following judicial review pursuant to chapter 7 of title 5; and
``(2) standard reference data prepared or made available by
the Department of Commerce, provided the copyright is secured
by the Secretary of Commerce in the manner set forth in section
6 of the Standard Reference Data Act (15 U.S.C. 290e).''.
SEC. 802. EXTEND CRADA INFORMATION PROTECTION PERIOD.
Section 12(c)(7)(B) of the Stevenson-Wydler Technology Innovation
Act of 1980 (15 U.S.C. 3710a(c)(7)(B)) is amended by striking ``5'' and
inserting ``12''.
SEC. 803. STEVENSON-WYDLER ACT AUTHORITY UPDATE.
Section 11 of the Stevenson-Wydler Technology Innovation Act of
1980 (15 U.S.C. 3710(g)) is amended to read as follows:
``(g) Functions of Secretary.--The Secretary shall convene an
Interagency Working Group for Technology Transfer comprising those
agencies with at least one Federal laboratory to--
``(1) share best practices for realizing the commercial
potential of inventions and methods and options for
commercialization which are available to the Federal
laboratories, including research and development limited
partnerships and cooperative research and development
agreements; and
``(2) issue such guidelines as may be necessary to carry
out this chapter, acting through the Director of the National
Institute of Standards and Technology and with the concurrence
of the Interagency Working Group for Technology Transfer.''.
SEC. 804. ROYALTY PAYMENTS TO FEDERAL EMPLOYEES UPDATE.
Section 14 of the Stevenson-Wydler Technology Innovation Act of
1980 (15 U.S.C. 3710c) is amended--
(1) by striking ``inventions'' each place the term appears
and inserting ``inventions and other intellectual property'';
(2) by striking ``invention'' each place the term appears
and inserting ``invention or other intellectual property'';
(3) by striking ``inventors'' each place the term appears
and inserting ``inventors or contributors'';
(4) in subsection (a)(1) after ``shall be'' inserting
``non-appropriated funds and shall be'';
(5) in subsection (a)(1)(A)(i) inserting at the end ``, or
to the contributor or co-contributors if a certificate of
copyright registration is issued to the United States'';
(6) in subsection (a)(1)(A)(ii) after ``inventor of''
inserting ``or contributor to'';
(7) in subsection (a)(3) by striking ``inventor'' each
place the term appears and inserting ``inventor or
contributor'';
(8) in subsection (a)(3) by striking ``$150,000'' each
place the term appears and inserting ``500,000'';
(9) at the end of subsection (a) by inserting the following
new paragraph:
``(5) Any royalties or other payments received by a Federal agency
from the licensing and assignment of works under agreements entered
into by Federal laboratories under section 12 of this Act, and from the
licensing of works by Federal laboratories under any provision of law
shall be retained by the agency licensing or assigning the work on
behalf of the United States Government and shall be disposed of after
payment of any copyright registration cots. The head of the agency is
authorized to dispose of such royalties or other payments through
transfer by the agency to its bureaus or laboratories, with the
majority share of the royalties or other payments from any copyright
going to the bureau or laboratory where or for which the copyrighted
work was made.
``(A) The royalties or other payments so transferred to any
bureau or laboratory may be used or obligated by that bureau or
laboratory during the fiscal year in which they are received or
during the 2 succeeding fiscal years--
``(i) to reward contributors of copyrighted
computer programs;
``(ii) to further information exchange among
bureaus and laboratories of the agency or with another
agency;
``(iii) for education and training of employees
consistent with the missions and objectives of the
agency, bureau, or laboratory;
``(iv) for payment of expenses incidental to the
administration and licensing of intellectual property
by the agency or laboratory with respect to copyrighted
computer programs made at that bureau or laboratory,
including the fees or other costs for the services of
other agencies, persons, or organizations for
intellectual property management and licensing
services; or
``(v) for scientific research and development
consistent with the research and development missions
and objectives of the bureau or laboratory.
``(B) All royalties or other payments retained by the
agency, bureau, or laboratory after payments have been made
pursuant to subparagraph (A) that is unobligated and unexpended
at the end of the second fiscal year succeeding the fiscal year
in which the royalties and other payments were received shall
be paid into the Treasury.
``(C) As used in the section, the term `contributor' means
a laboratory employee who is a creator of an original
expression in a copyrighted computer program.''; and
(10) in subsection (a)(1)(B)--
(A) by striking ``; or'' at the end of clause (iv)
and inserting a semicolon;
(B) by striking the period at the end of clause (v)
and inserting ``; or''; and
(C) by inserting at the end the following:
``(vi) for the acquisition, administration
and licensing of intellectual property.''.
SEC. 805. GOVERNMENT INTELLECTUAL PROPERTY CLARIFICATION.
Section 15 of the Stevenson-Wydler Technology Innovation Act of
1980 (15 U.S.C. 3710d) is amended in subsection (a) to read as follows:
``(a) In General.--
``(1) Invention rights.--The Government shall obtain the
entire right, title and interest in and to all inventions made
by any Federal employee--
``(A) during working hours;
``(B) with a contribution by the Government of
facilities, equipment, materials, funds, or
information, or of time or services of other Federal
employees on official duty; or
``(C) within his or her field of research or within
his or her official employment responsibility and
activity.
``(2) Disclosure.--Any invention made by a Federal employee
as described in paragraph (1) shall be disclosed by the Federal
employee to the agency that employs the Federal employee within
10 months of the earlier of the date of conception or actual
reduction to practice of the invention. The Government shall
obtain the entire right, title, and interest in and to any
invention conceived or actually reduced to practice by a
Federal employee that is not disclosed to the Government within
10 months from the earlier of the date of conception or actual
reduction to practice of the invention.
``(3) Presumption.--Any invention made by a Federal
employee as described in paragraph (1) shall be presumed to be
owned by the Government, and the Federal employee is
presumptively obligated to assign the entire right, title, and
interest in and to the invention to the Government. A Federal
employee that disagrees with the presumption of ownership and
obligation of assignment may request, from the agency employing
the Federal employee, a determination of rights in and to the
invention and shall do so within 30 days of the disclosure
pursuant to paragraph (2). The request shall provide all
grounds and justification for leaving rights with the Federal
employee. If the request is not made by the employee within the
30-day period, the Government shall retain all right, title,
and interest to the invention.
``(4) Patent rights.--If a Federal agency which has
ownership of or the right of ownership to an invention made by
a Federal employee does not intend to file for a patent
application or otherwise promote commercialization of such
invention, the agency shall (upon request) allow the inventor,
if the inventor is a Federal employee or former employee who
made the invention during the course of employment with the
Government, to obtain or retain title to the invention (subject
to reservation by the Government of a nonexclusive,
nontransferable, irrevocable, paid-up license to practice the
invention or have the invention practiced throughout the world
by or on behalf of the Government). In addition, the agency may
condition the inventor's right to title on the timely filing of
a patent application in cases when the Government determines
that it has or may have a need to practice the invention.
``(5) Computer program disclosure.--Any computer program
that is a work of the United States Government and is created
at a Federal laboratory within section 105(b)(1) of title 17,
United States Code, shall be disclosed by the Federal employee
who created such program to the Federal laboratory that employs
the Federal employee.
``(6) Author rights.--Any program described in paragraph
(5) prepared by a Federal employee within the scope of his or
her employment shall be considered a work made for hire and the
Government shall be the author. A Federal employee who
discloses as required under paragraph (5) but who contests that
the Government is the author may request, from the agency
employing the Federal employee, a determination of rights in
and to the program and shall do so within 30 days of the
disclosure pursuant to paragraph (5). The request shall provide
all grounds and justification for leaving rights with the
Federal employee. If the request is not made by the Federal
employee within the 30-day period, the Government shall remain
and shall be the author of such program.
``(7) Reporting exemption.--Such reporting requirements
shall not apply to Federal employees who are otherwise
prohibited from applying for or obtaining a patent. The
Secretary may issue guidelines to implement this section.''.
SEC. 806. CLARIFYING CRADA AUTHORITY.
Section 12 of the Stevenson-Wydler Technology Innovation Act of
1980 (15 U.S.C. 3710a) is amended--
(1) by inserting at the end of the section the following
new subsection:
``(h) Patent Obligation.--Under an agreement entered into pursuant
to this section, there is an obligation on the part of the
collaborating party, in the event a United States patent application is
filed by or on behalf of the collaborating party or by any assignee of
the collaborating party, to include within the specification of such
application and any patent issuing thereon, a statement specifying that
the invention was made with Government support and that the Government
has certain rights in the invention.''; and
(2) by striking subsection (d).
SEC. 807. EXPANSION OF AGREEMENTS FOR COMMERCIALIZING TECHNOLOGY
AUTHORITY.
The Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C.
3701 et seq.) is amended by inserting after section 14 the following:
``SEC. 14A. AGREEMENTS FOR COMMERCIALIZING TECHNOLOGY.
``(a) Agreements With Non-Federal Entities.--The head of each
Federal agency may permit the director of any of its Government-owned,
contractor-operated laboratories to perform work for non-Federal
entities (sponsors) on a fully reimbursable basis and to execute
agreements with a non-Federal entity, including a non-Federal entity
already receiving Federal funding that will be used to support
activities under the agreements, provided that such funding is solely
used to carry out the purposes of the Federal award.
``(b) Restriction.--The requirements of chapter 18 of title 35,
United States Code (commonly known as the `Bayh-Dole Act'), shall apply
if--
``(1) the agreement is a funding agreement (as that term is
defined in section 201 of such title); and
``(2) at least one of the parties to the funding agreement
is eligible to receive rights under that chapter.
``(c) Submission to Agency.--Each affected director of a
Government-owned, contractor-operated laboratory shall submit to the
head of the Federal agency, with respect to each agreement entered into
under this section--
``(1) a summary of information relating to the relevant
project;
``(2) the total estimated costs of the project;
``(3) estimated commencement and completion dates of the
project; and
``(4) other documentation determined to be appropriate by
the head of the Federal agency.
``(d) Certification.--The head of the Federal agency shall require
the contractor of the affected Government-owned, contractor-operated
laboratory to certify that each activity carried out under a project
for which an agreement is entered into under this section--
``(1) is not in direct competition with the private sector;
and
``(2) does not present, or minimizes, any apparent conflict
of interest, and avoids or neutralizes any actual conflict of
interest, as a result of the agreement under this section.
``(e) Limitation.--This authority only pertains to Federal agencies
that do not have agency-specific authorities for Agreements for
Commercializing Technology elsewhere in statute.''.
SEC. 808. OTHER TRANSACTION AUTHORITY.
The Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C.
3701 et seq.) is amended by inserting after section 15 the following:
``SEC. 15A. OTHER TRANSACTIONS.
``(a) General Authority.--
``(1) Permission.--Each Federal agency may permit the
director of any of its Government-operated Federal laboratories
to enter into such other transactions as may be necessary in
the conduct of the work of the Federal laboratory and on such
terms as the director of the Federal laboratory considers
appropriate, in furtherance of the purposes of this Act.
``(2) Disclosure.--The Federal agency may protect from
disclosure, for up to 12 years after the date on which the
information is developed, any information developed pursuant to
a transaction under this section that would be protected from
disclosure under section 552(b)(4) of title 5, United States
Code, if obtained from a person other than a Federal agency.
``(3) Authority limitation.--This authority only pertains
to Federal agencies that do not have agency-specific
authorities for other transactions elsewhere in statute.
``(b) Limitations.--A Federal laboratory using the authorities
granted in subsection (a) may only enter into such other transactions
when--
``(1) a warranted contracting officer determines that use
of other authority of the Federal agency would be insufficient
to achieve the purposes of this Act; and
``(2) use of such other transaction is approved by the
Federal agency.''.
SEC. 809. NONPROFIT FOUNDATIONS.
The Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C.
3701 et seq.) is further amended by adding at the end the following:
``SEC. 29. FOUNDATIONS.
``(a) In General.--A Government-owned Federal laboratory may
establish or enter into an agreement with a nonprofit organization to
establish a Federal laboratory Foundation in support of its mission.
Such a Foundation shall not be an agency or instrumentality of the
United States Government, and the United States shall not be liable for
any debts, defaults, acts, or omissions of the Foundation.
``(b) Purpose.--The purpose of a Foundation established under this
section shall be to support the Government-owned Federal laboratory in
its mission.
``(c) Activities.--Activities of the Foundation may include the
following:
``(1) The receipt, administration, solicitation, acceptance
and use of funds, gifts, devises, or bequests, 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
Government-owned Federal laboratory. A gift, devise, or bequest
may be accepted by the Foundation even though it is encumbered,
restricted, or subject to beneficial interests of private
persons if any current or future interest therein is for the
benefit of the Federal laboratory in its research and
development activities. Contributions, gifts, and other
transfers made to or for the use of a Foundation established
under this section shall be regarded as contributions, gifts,
or transfers to or for the use of the United States.
``(2) The conduct of support studies, competitions,
projects, research and other activities that further the
purposes of the Foundation.
``(3) Programs for fostering collaboration and partnerships
with researches from the Federal and State governments,
institutions of higher education, federally funded research and
development centers, industry and nonprofit organizations for
the research, development or commercialization of federally
supported technologies.
``(4) Programs for leveraging technologies to support new
product development that supports regional economic
development.
``(5) Administering prize competitions to accelerate
private sector competition and investment.
``(6) Provision of fellowships and grants to research and
development personnel at, or affiliated with, federally funded
centers. Such fellowships and grants may include stipends,
travel, health insurance benefits and other appropriate
expenses. The recipients of fellowships shall be selected by
the donors and the Foundation upon the recommendation of the
employees in the Federal laboratory where the fellow would
serve, and shall be subject to agreement of the head of the
agency whose mission is supported by the Foundation.
``(7) Supplementary programs to provide for--
``(A) scientists of other countries to serve in
research capacities in the United States in association
with the Federal laboratory whose mission the
Foundation supports, or elsewhere, or opportunities for
employees of the Federal laboratory whose mission the
Foundation supports to serve in such capacities in
other countries, or both;
``(B) the conduct and support of studies, projects,
and research, that may include stipends, travel and
other support for personnel in collaboration with
national and international nonprofit and for-profit
organizations;
``(C) the conduct and support of forums, meetings,
conferences, courses, and training workshops that may
include undergraduate, graduate, post-graduate, and
post-doctoral accredited courses and the maintenance of
accreditation of such courses by the Foundation at the
State and national level for college or continuing
education credits or for degrees;
``(D) programs to support and encourage teachers
and students of science at all levels of education and
programs for the general public which promote the
understanding of science;
``(E) programs for writing, editing, printing,
publishing, and vending of books and other materials;
and
``(F) the conduct of other activities to carry out
and support the purpose described in subsection (b).
``(d) Transfer of Funds.--Notwithstanding any other provision of
law, a Foundation established under this section may transfer funds to
the Government-owned Federal laboratory and the Government-owned
Federal laboratory may accept transfers of funds from the
Foundation.''.
SEC. 810. IMPROVING REPORTING AND METRICS.
Section 11 of the Stevenson-Wydler Technology Innovation Act of
1980 (15 U.S.C. 3710) is amended by striking subsections (f) and (g)
and inserting the following:
``(f) Agency Reports on Utilization.--
``(1) In general.--Each Federal agency which operates or
directs one or more Federal laboratories or which conducts
activities under subsection (k) of this section or sections 207
and 209 of title 35, United States Code, shall report annually
to the Office of Management and Budget, on the activities
performed by that agency and its Federal laboratories under the
provisions of this section and of sections 207 and 209 of such
title 35.
``(2) Contents.--The report shall include--
``(A) an explanation of the agency's technology
transfer activities for the preceding fiscal year and
the agency's plans to manage innovations with
commercial promise consistent with the agency's mission
and benefitting the competitiveness of United States
industry; and
``(B) information on technology transfer activities
for the preceding fiscal year, including--
``(i) the number of patent applications
filed;
``(ii) the number of patents received;
``(iii) the number of works registered for
copyright protection in the United States on
behalf of the United States, pursuant to
section 105(b) of title 17, United States Code;
``(iv) the number of fully-executed
licenses which received income from licensing
in the preceding fiscal year;
``(v) the total income from licensing;
``(vi) the number of licenses terminated
for cause;
``(vii) the number of collaborative
research and development relationships; and
``(viii) any other parameters or discussion
that the agency deems relevant or unique to its
practice of technology transfer.
``(3) Copy to secretary.--The agency shall transmit a copy
of the report to the Secretary of Commerce for inclusion in the
annual summary required by subsection (g)(2).
``(4) Public availability.--Each Federal agency reporting
under this subsection shall make available to the public
through internet sites, updated at least annually--
``(A) the information contained in such report;
``(B) information on intellectual property which is
available for licensing from the Federal agency; and
``(C) information on Federal research and
development programs, facilities, equipment and tools,
expertise, services, and other relevant assets which
are made available to the public by the Federal agency.
``(5) Publication by nist.--The Director of the National
Institute of Standards and Technology is authorized to provide
the summary required by subsection (g)(2) to the public through
internet sites.''.
SEC. 811. INNOVATIVE APPROACHES TO TECHNOLOGY TRANSFER.
Section 9(jj) of the Small Business Act (15 U.S.C. 638(jj)) is
amended to read as follows:
``(jj) Innovative Approaches to Technology Transfer.--
``(1) Grant program.--
``(A) In general.--Each Federal agency required by
subsection (n) to establish an STTR program shall carry
out a grant program to support innovative approaches to
technology transfer at institutions of higher education
(as defined in section 101(a) of the Higher Education
Act of 1965 (20 U.S.C. 1001(a))), nonprofit research
institutions and Federal laboratories in order to
accelerate the commercialization of federally funded
research and technology by small business concerns,
including new businesses.
``(B) Awarding of grants and awards.--
``(i) In general.--Each Federal agency
required by subparagraph (A) to participate in
this program, shall award, through a
competitive, merit-based process, grants, in
the amounts listed in subparagraph (C) to
institutions of higher education, technology
transfer organizations that facilitate the
commercialization of technologies developed by
one or more such institutions of higher
education, Federal laboratories, other public
and private nonprofit entities, and consortia
thereof, for initiatives that help identify
high-quality, commercially viable federally
funded research and technologies and to
facilitate and accelerate their transfer into
the marketplace.
``(ii) Use of funds.--Activities supported
by grants under this subsection may include--
``(I) providing early-stage proof
of concept funding for translational
research;
``(II) identifying research and
technologies at recipient institutions
that have the potential for accelerated
commercialization;
``(III) technology maturation
funding to support activities such as
prototype construction, experiment
analysis, product comparison, and
collecting performance data;
``(IV) technical validations,
market research, clarifying
intellectual property rights position
and strategy, and investigating
commercial and business opportunities;
and
``(V) programs to provide advice,
mentoring, entrepreneurial education,
project management, and technology and
business development expertise to
innovators and recipients of technology
transfer licenses to maximize
commercialization potential.
``(iii) Selection process and
applications.--Qualifying institutions seeking
a grant under this subsection shall submit an
application to a Federal agency required by
subparagraph (A) to participate in this program
at such time, in such manner, and containing
such information as the agency may require. The
application shall include, at a minimum--
``(I) a description of innovative
approaches to technology transfer,
technology development, and commercial
readiness that have the potential to
increase or accelerate technology
transfer outcomes and can be adopted by
other qualifying institutions, or a
demonstration of proven technology
transfer and commercialization
strategies, or a plan to implement
proven technology transfer and
commercialization strategies, that can
achieve greater commercialization of
federally funded research and
technologies with program funding;
``(II) a description of how the
qualifying institution will contribute
to local and regional economic
development efforts; and
``(III) a plan for sustainability
beyond the duration of the funding
award.
``(iv) Program oversight boards.--
``(I) In general.--Successful
proposals shall include a plan to
assemble a Program Oversight Board, the
members of which shall have technical,
scientific, or business expertise and
shall be drawn from industry, start-up
companies, venture capital, technical
enterprises, financial institutions,
and business development organizations.
``(II) Program oversight boards
responsibilities.--Program Oversight
Boards shall--
``(aa) establish award
programs for individual
projects;
``(bb) provide rigorous
evaluation of project
applications;
``(cc) determine which
projects should receive awards,
in accordance with guidelines
established under subparagraph
(C)(ii);
``(dd) establish milestones
and associated award amounts
for projects that reach
milestones;
``(ee) determine whether
awarded projects are reaching
milestones; and
``(ff) develop a process to
reallocate outstanding award
amounts from projects that are
not reaching milestones to
other projects with more
potential.
``(C) Grant and award amounts.--
``(i) Grant amounts.--Each Federal agency
required by subparagraph (A) to carry out a
grant program may make grants to a qualifying
institution for up to $1,000,000 per year for
up to 3 years.
``(ii) Award amounts.--Each qualifying
institution that receives a grant under
subparagraph (B) shall provide awards for
individual projects of not more than $150,000,
to be provided in phased amounts, based on
reaching the milestones established by the
qualifying institution's Program Oversight
Board.
``(D) Authorized expenditures for innovative
approaches to technology transfer grant program.--
``(i) Percentage.--The percentage of the
extramural budget each Federal agency required
by subsection (n) to establish an STTR program
shall expend on the Innovative Approaches to
Technology Transfer Grant Program shall be--
``(I) 0.05 percent for each of
fiscal years 2014 and 2015; and
``(II) 0.1 percent for each of
fiscal years 2016 and 2017.
``(ii) Treatment of expenditures.--Any
portion of the extramural budget expended by a
Federal agency on the Innovative Approaches to
Technology Transfer Grant Program shall apply
towards the agency's expenditure requirements
under subsection (n).
``(2) Program evaluation and data collection and
dissemination.--
``(A) Evaluation plan and data collection.--Each
Federal agency required by paragraph (1)(A) to
establish an Innovative Approaches to Technology
Transfer Grant Program shall develop a program
evaluation plan and collect annually such information
from grantees as is necessary to assess the Program.
Program evaluation plans shall require the collection
of data aimed at identifying outcomes resulting from
the transfer of technology with assistance from the
Innovative Approaches to Technology Transfer Grant
Program, such as--
``(i) specific follow-on funding identified
or obtained, including follow-on funding
sources, such as Federal sources or private
sources;
``(ii) number of projects which result in a
license to a start-up company or an established
company with sufficient resources for effective
commercialization within 5 years of receiving
an award under paragraph (1);
``(iii) invention disclosures and patents;
``(iv) number of projects supported by
qualifying institutions receiving a grant under
paragraph (1) that secure Phase I or Phase II
SBIR or STTR awards;
``(v) available information on revenue,
sales or other measures of products that have
been commercialized as a result of projects
awarded under paragraph (1);
``(vi) number and location of jobs created
resulting from projects awarded under paragraph
(1); and
``(vii) other data as deemed appropriate by
a Federal agency required by this subparagraph
to develop a program evaluation plan.
``(B) Evaluative report to congress.--The head of
each Federal agency that participates in the Innovative
Approaches to Technology Transfer Grant Program shall
submit to the Committee on Science, Space, and
Technology and the Committee on Small Business of the
House of Representatives and the Committee on Small
Business and Entrepreneurship of the Senate an
evaluative report regarding the activities of the
program. The report shall include--
``(i) a detailed description of the
implementation of the program;
``(ii) a detailed description of the
grantee selection process;
``(iii) an accounting of the funds used in
the program; and
``(iv) a summary of the data collected
under subparagraph (A).
``(C) Data dissemination.--For the purposes of
program transparency and dissemination of best
practices, the Administrator shall include on the
public database under subsection (k)(1) information on
the Innovative Approaches to Technology Transfer Grant
Program, including--
``(i) the program evaluation plan required
under subparagraph (A);
``(ii) a list of recipients of awards under
paragraph (1); and
``(iii) information on the use of grants
under paragraph (1) by recipient
institutions.''.
SEC. 812. DOE PUBLIC-PRIVATE PARTNERSHIPS FOR COMMERCIALIZATION.
(a) In General.--Subject to subsections (b) and (c), the Secretary
of Energy shall delegate to directors of the National Laboratories
signature authority with respect to any agreement described in
subsection (b) the total cost of which (including the National
Laboratory contributions and project recipient cost share) is less than
$1,000,000, if such an agreement falls within the scope of--
(1) a strategic plan for the National Laboratory that has
been approved by the Department of Energy; or
(2) the most recent congressionally approved budget for
Department of Energy activities to be carried out by the
National Laboratory.
(b) Agreements.--Subsection (a) applies to--
(1) a cooperative research and development agreement;
(2) a non-Federal work-for-others agreement; and
(3) any other agreement determined to be appropriate by the
Secretary of Energy, in collaboration with the directors of the
National Laboratories.
(c) Administration.--
(1) Accountability.--The director of the affected National
Laboratory and the affected contractor shall carry out an
agreement under this section in accordance with applicable
policies of the Department of Energy, including by ensuring
that the agreement does not compromise any national security,
economic, or environmental interest of the United States.
(2) Certification.--The director of the affected National
Laboratory and the affected contractor shall certify that each
activity carried out under a project for which an agreement is
entered into under this section does not present, or minimizes,
any apparent conflict of interest, and avoids or neutralizes
any actual conflict of interest, as a result of the agreement
under this section.
(3) Availability of records.--Within 30 days of entering an
agreement under this section, the director of a National
Laboratory shall submit to the Secretary of Energy for
monitoring and review all records of the National Laboratory
relating to the agreement.
(4) Rates.--The director of a National Laboratory may
charge higher rates for services performed under a partnership
agreement entered into pursuant to this section, regardless of
the full cost of recovery, if such funds are used exclusively
to support further research and development activities at the
respective National Laboratory.
(d) Exception.--This section does not apply to any agreement with a
majority foreign-owned company.
(e) Conforming Amendment.--Section 12 of the Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C. 3710a) is amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(B) by striking ``Each Federal agency'' and
inserting the following:
``(1) In general.--Except as provided in paragraph (2),
each Federal agency''; and
(C) by adding at the end the following:
``(2) Exception.--Notwithstanding paragraph (1), in
accordance with section 813(a) of the Securing American
Leadership in Science and Technology Act of 2020, approval by
the Secretary of Energy shall not be required for any
technology transfer agreement proposed to be entered into by a
National Laboratory of the Department of Energy, the total cost
of which (including the National Laboratory contributions and
project recipient cost share) is less than $1,000,000.''; and
(2) in subsection (b), by striking ``subsection (a)(1)''
each place it appears and inserting ``subsection (a)(1)(A)''.
(f) Savings Clause.--Nothing in this section or an amendment made
by this section abrogates or otherwise affects the primary
responsibilities of any National Laboratory to the Department of
Energy.
<all>
Securing American Leadership in Science and Technology Act of 2020
#5685 | HR Congress #116
Policy Area: Science, Technology, Communications
Subjects:
Last Action: Referred to the Subcommittee on Courts, Intellectual Property, and the Internet. (3/10/2020)
Bill Text Source: Congress.gov
Summary and Impacts
Original Text