G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML ..................................................................... (Original Signature of Member) 116TH CONGRESS 2D SESSION H. R. ll 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 Mr. LUCAS introduced the following bill; which was referred to the Committee on lllllllllllllll A BILL To invest in basic scientific research and support technology innovation for the economic and national security of the United States, and for other purposes. 1 Be it enacted by the Senate and House of Representa- 2 tives of the United States of America in Congress assembled, 3 SECTION 1. SHORT TITLE. 4 This Act may be cited as the ‘‘Securing American 5 Leadership in Science and Technology Act of 2020’’. 6 SEC. 2. TABLE OF CONTENTS. 7 The table of contents for this Act is as follows: Sec. 1. Short title. g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00001 Fmt 6652 Sfmt 6211 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 2 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. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. 201. 202. 203. 204. 205. 206. 207. 208. 209. Definitions. Basic energy sciences. Advanced scientific computing research. High energy physics. Biological and environmental research. Fusion energy. Nuclear physics. Science laboratories infrastructure program. Authorization of appropriations. Subtitle B—Advanced Research Projects Agency–Energy Sec. 211. Advanced Research Projects Agency–Energy. Subtitle C—DOE Clean Energy Infrastructure Sec. Sec. Sec. Sec. Sec. Sec. 221. 222. 223. 224. 225. 226. Regional Energy Innovation Centers. Versatile neutron source. Carbon utilization research and development infrastructure. Frontier Observatory for Research in Geothermal Energy. Advanced energy storage initiative. Critical infrastructure research and construction. TITLE III—NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. 301. 302. 303. 304. 305. 306. 307. 308. 309. 310. 311. 312. g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 12:48 Jan 28, 2020 Jkt 000000 Findings. Authorization of appropriations. NIST Facilities Modernization Fund. Quantum information science. Cybersecurity research. Artificial intelligence and data science. Internet of things. Composites research. Enabling the future bioeconomy. International standards development. Review of the center for neutron research. Hiring and management. (753409 11) PO 00000 Frm 00002 Fmt 6652 Sfmt 6211 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 3 Sec. 313. National institute of standards and technology foundation. Sec. 314. MEP outreach. Sec. 315. Definitions. TITLE IV—NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION Sec. Sec. Sec. Sec. Sec. Sec. Sec. 401. 402. 403. 404. 405. 406. 407. Establishment of a technology transfer office. Technology transfer and transitions assessment. National Mesonet Program. Severe weather extramural testbeds. Next generation digital radar. Fellowships. Authorization of appropriations. TITLE V—NATIONAL SCIENCE FOUNDATION Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. 501. 502. 503. 504. 505. 506. 507. 508. 509. 510. Authorization of appropriations. NSF organizational review. Ethics and security plans. Major research instrumentation update. NSF mid-scale project investments. Reproducibility in science. Public-private partnerships. EPSCoR. Computing Enclave Pilot Program. Definitions. TITLE VI—STEM WORKFORCE FOR THE 21ST CENTURY Sec. Sec. Sec. Sec. 601. 602. 603. 604. Findings; sense of Congress. Advanced technical education and skilled technical workforce. Graduate research fellowship program update. 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. Sec. Sec. Sec. 711. 712. 713. 714. g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 12:48 Jan 28, 2020 Jkt 000000 Short title. Purpose. Implementing amendments. Effective date. (753409 11) PO 00000 Frm 00003 Fmt 6652 Sfmt 6211 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 4 TITLE VIII—TECHNOLOGY TRANSFER AND INNOVATION Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. 1 801. 802. 803. 804. 805. 806. 807. 808. 809. 810. 811. 812. Federal laboratory computer programs update. Extend CRADA information protection period. Stevenson-Wydler Act authority update. Royalty payments to Federal employees update. Government intellectual property clarification. Clarifying CRADA authority. Expansion of agreements for commercializing technology authority. Other transaction authority. Nonprofit foundations. Improving reporting and metrics. Innovative approaches to technology transfer. DOE public-private partnerships for commercialization. SEC. 3. PURPOSES. 2 The purpose of this Act is to ensure the continued 3 leadership of the United States in science and technology 4 by— 5 (1) providing for a coordinated national science 6 and technology strategy for the economic and na- 7 tional security of the United States; 8 (2) prioritizing investment in Federal basic re- 9 search by authorizing a doubling of basic research 10 funding over the next 10 years at the Department 11 of Energy, the National Science Foundation, the 12 National Institute of Standards and Technology, and 13 the National Oceanic and Atmospheric Administra- 14 tion; 15 (3) providing for investment in key areas nec- 16 essary for the competitiveness of the United States, 17 including computing, cybersecurity, artificial intel- 18 ligence and autonomous technology, materials and g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 5 1 advanced manufacturing, energy and climate, and 2 the biosciences; 3 (4) providing for investment in critical science 4 and technology infrastructure to maintain world- 5 class research and user facilities; 6 7 (5) expanding the STEM workforce at all levels to meet the demands of a 21st Century economy; 8 (6) promoting regional innovation to support 9 local economic growth across all regions of the 10 United States; 11 12 (7) maximizing the effectiveness of the Federal Government’s research and development activities; 13 (8) promoting collaboration among the Federal 14 Government, Federal laboratories, universities, and 15 industry; and 16 (9) improving technology transfer from the 17 Federal Government and Federal laboratories to the 18 private sector for commercialization. g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 6 6 TITLE I—NATIONAL SCIENCE AND TECHNOLOGY STRATEGY AND OFFICE OF SCIENCE AND TECHNOLOGY POLICY Subtitle A—National Science and Technology Strategy 7 SEC. 101. NATIONAL SCIENCE AND TECHNOLOGY STRAT- 1 2 3 4 5 8 EGY. 9 Section 206 of the National Science and Technology 10 Policy, Organization, and Priorities Act of 1976 (42 11 U.S.C. 6615) is amended to read as follows: 12 ‘‘SEC. 206. NATIONAL SCIENCE AND TECHNOLOGY STRAT- 13 14 EGY. ‘‘(a) IN GENERAL.— Not later than the end of each 15 calendar year immediately after the calendar year in which 16 a review under section 206b is completed, the Director of 17 the Office of Science and Technology Policy, in consulta18 tion with the National Science and Technology Council, 19 shall develop and submit to Congress a comprehensive na20 tional science and technology strategy of the United States 21 to meet national research and development objectives for 22 the following 4-year period (in this Act referred to as ‘the 23 national science and technology strategy’). 24 ‘‘(b) REQUIREMENTS.—Each national science and 25 technology strategy required by subsection (a) shall deling:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 7 1 eate a national science and technology strategy consistent 2 with— 3 4 ‘‘(1) the recommendations and priorities developed by the review established in section 206b; 5 ‘‘(2) the most recent national security strategy 6 report submitted pursuant to section 1032 of the 7 National Defense Authorization Act for Fiscal Year 8 2012 (50 U.S.C. 3043); 9 ‘‘(3) other relevant national plans; and 10 ‘‘(4) the strategic plans of relevant Federal de- 11 partments and agencies. 12 ‘‘(c) CONSULTATION.—The Director shall consult as 13 necessary with the Office of Management and Budget and 14 other appropriate elements of the Executive Office of the 15 President to ensure that the recommendations and prior16 ities delineated in the science and technology strategy are 17 incorporated in the development of annual budget re18 quests. 19 ‘‘(d) REPORT.—The President shall submit to Con- 20 gress each year a comprehensive report on the national 21 science and technology strategy of the United States. Each 22 report on the national science and technology strategy of 23 the United States shall include a description of— 24 ‘‘(1) strategic objectives and priorities necessary 25 to maintain the leadership of the United States in g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 8 1 science and technology, including near-term, me- 2 dium-term, and long-term research priorities; 3 ‘‘(2) programs, policies, and activities that the 4 President recommends across all Federal agencies to 5 achieve the strategic objectives in paragraph (1); 6 and 7 ‘‘(3) global trends in science and technology, in- 8 cluding potential threats to the leadership of the 9 United States in science and technology. 10 ‘‘(e) PUBLICATION.—The Director shall, consistent 11 with the protection of national security and other sensitive 12 matters to the maximum extent practicable, make each re13 port submitted under subsection (e) publicly available on 14 an Internet website of the Office of Science and Tech15 nology Policy.’’. 16 SEC. 102. QUADRENNIAL SCIENCE AND TECHNOLOGY RE- 17 VIEW. 18 The National Science and Technology Policy, Organi- 19 zation, and Priorities Act of 1976 (42 U.S.C. 6601 et seq.) 20 is amended by inserting after section 206— 21 ‘‘SEC. 206b. QUADRENNIAL SCIENCE AND TECHNOLOGY RE- 22 23 VIEW. ‘‘(a) REQUIREMENTS.— 24 25 ‘‘(1) QUADRENNIAL later than December 31, 2020, and every 4 years g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 12:48 Jan 28, 2020 REVIEWS REQUIRED.—Not Jkt 000000 (753409 11) PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 9 1 thereafter, the Director of the Office of Science and 2 Technology Policy shall complete a review of the 3 science and technology enterprise of the United 4 States (in this section referred to as the ‘quadren- 5 nial science and technology review’) 6 ‘‘(2) SCOPE.—The quadrennial science and 7 technology review shall be a comprehensive examina- 8 tion of the science and technology strategy of the 9 United States, including recommendations for main- 10 taining global leadership in science and technology 11 and guidance on the coordination of programs, as- 12 sets, capabilities, budget, policies, and authorities 13 across all Federal research and development pro- 14 grams. 15 ‘‘(3) CONSULTATION.—The Director of the Of- 16 fice of Science and Technology shall conduct each 17 quadrennial science and technology review under this 18 subsection in consultation with— 19 ‘‘(A) the National Science and Technology 20 Council; 21 ‘‘(B) the heads of other relevant Federal 22 Agencies; 23 ‘‘(C) the President’s Council of Advisors 24 on Science and Technology; 25 ‘‘(D) the National Science Board; g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 10 1 ‘‘(E) the National Security Council; and 2 ‘‘(F) other relevant governmental and non- 3 governmental entities, including representatives 4 from industry, institutions of higher education, 5 non-profit institutions, members of Congress, 6 and other policy experts. 7 ‘‘(4) COORDINATION.—The Director shall en- 8 sure that each quadrennial science and technology 9 review conducted under this section is coordinated 10 with other relevant statutorily required reviews, and 11 to the maximum extent practicable incorporates in- 12 formation and recommendations from existing re- 13 views to avoid duplication. 14 ‘‘(b) CONTENTS.—In each quadrennial science and 15 technology review, the Director shall— 16 ‘‘(1) provide an integrated view of, and rec- 17 ommendations for, science and technology policy 18 across the Federal Government, while considering 19 economic and national security; 20 ‘‘(2) assess and recommend priorities for re- 21 search, development and demonstration programs to 22 maintain American leadership in science and tech- 23 nology; 24 ‘‘(3) assess the global competition in science 25 and technology and identify potential threats to the g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 11 1 leadership of the United States in science and tech- 2 nology; 3 ‘‘(4) assess and make recommendations on the 4 science, technology, engineering, mathematics and 5 computer science workforce in the United States; 6 ‘‘(5) assess and make recommendations to im- 7 prove regional innovation across the United States; 8 ‘‘(6) assess and identify the infrastructure and 9 tools needed to maintain the leadership of the 10 United States in science and technology; and 11 ‘‘(7) review administrative or legislative policies 12 that affect the science and technology enterprise and 13 identify and make recommendations on policies that 14 hinder research and development in the United 15 States. 16 ‘‘(c) REPORTING.— 17 ‘‘(1) IN later than December 18 31 of the year in which a quadrennial science and 19 technology review is conducted, the Director shall 20 submit a report of the review to Congress. 21 ‘‘(2) PUBLICATION.—The Director shall, con- 22 sistent with the protection of national security and 23 other sensitive matters to the maximum extent pos- 24 sible, make each report submitted under paragraph g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 GENERAL.—Not 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 12 1 (1) publicly available on an Internet website of the 2 Office of Science and Technology Policy.’’. Subtitle B—Office of Science and Technology Policy 3 4 5 SEC. 111. AUTHORIZATION OF APPROPRIATIONS. 6 There are authorized to be appropriated for the Of- 7 fice of Science and Technology Policy— 8 (1) 5,544,000 for fiscal year 2020; 9 (2) 6,100,000 for fiscal year 2021; 10 (3) 6,500,000 for fiscal year 2022; 11 (4) 6,500,000 for fiscal year 2023; 12 (5) 6,500,000 for fiscal year 2024; 13 (6) 6,500,000 for fiscal year 2025; 14 (7) 6,500,000 for fiscal year 2026; 15 (8) 6,500,000 for fiscal year 2027; 16 (9) 6,500,000 for fiscal year 2028; and 17 (10) 6,500,000 for fiscal year 2029. 18 SEC. 112. GAO STUDY ON FEDERAL RESEARCH SECURITY. 19 Not later than 1 year after the date of enactment 20 of this Act, the Comptroller General shall transmit to the 21 Congress a report detailing the results of a study on Fed22 eral science agency efforts to protect federally funded re23 search and development from foreign interference, theft, 24 or espionage. Such study shall include— g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 13 1 (1) an inventory of current policies, procedures, 2 and guidance for protecting federally funded intra- 3 mural and extramural research from foreign inter- 4 ference, theft, or espionage; 5 (2) an inventory of policies and procedures for 6 foreign scientists participating in research or re- 7 search administration at Federal facilities, including 8 Federal laboratories; 9 (3) an inventory of known security breaches 10 and other similar incidents of foreign interference, 11 theft, or espionage of intramural research, merit-re- 12 view panels, or other Federal grant administration 13 activities; 14 (4) an assessment of the best practices at Fed- 15 eral agencies for protecting federally funded re- 16 search; 17 (5) an assessment of interagency coordination 18 efforts on policies and procedures on research secu- 19 rity; 20 (6) an assessment of any potential con- 21 sequences that any agency practice would have on 22 international collaboration and United States leader- 23 ship in science and technology; and g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 14 1 (7) recommendations for further steps that 2 agencies should take to protect federally funded re- 3 search from foreign interference, theft or espionage. 4 TITLE II—DEPARTMENT OF ENERGY Subtitle A— Office of Science 5 6 7 SEC. 201. DEFINITIONS. 8 In this Act: 9 (1) DEPARTMENT.—The term ‘‘Department’’ 10 means the Department of Energy. 11 (2) DIRECTOR.—The term ‘‘Director’’ means 12 the Director of the Office of Science of the Depart- 13 ment. 14 (3) NATIONAL LABORATORY.—The term ‘‘Na- 15 tional Laboratory’’ has the meaning given that term 16 in section 2 of the Energy Policy Act of 2005 (42 17 U.S.C. 15801). 18 (4) SECRETARY.—The term ‘‘Secretary’’ means 19 the Secretary of Energy. 20 SEC. 202. BASIC ENERGY SCIENCES. 21 (a) PROGRAM.—The Director shall carry out a funda- 22 mental research program in basic energy sciences, includ23 ing materials sciences and engineering, chemical sciences, 24 physical biosciences, and geosciences, in order to provide 25 the foundations for new energy technologies and to sup- g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 15 1 port Department missions in energy, environment, and na2 tional security. 3 (b) BASIC ENERGY SCIENCES USER FACILITIES.— 4 Section 303(b)(3) of the Department of Energy Research 5 and Innovation Act (42 U.S.C. 18641) is amended— 6 (1) in subparagraph (C), by striking ‘‘and’’; 7 (2) by redesignating subparagraph (D) as sub- 8 paragraph (E); and 9 (3) by inserting after subparagraph (C) the fol- 10 lowing: 11 ‘‘(D) autonomous chemistry and materials 12 synthesis facilities that leverage advances in ar- 13 tificial intelligence; and’’. 14 15 (c) BASIC ENERGY SCIENCES RESEARCH INFRASTRUCTURE.— 16 (1) ADVANCED 17 (A) IN GENERAL.—The Secretary shall 18 provide for the upgrade to the Advanced Pho- 19 ton Source described in the publication ap- 20 proved by the Basic Energy Sciences Advisory 21 Committee on June 9, 2016, titled ‘‘Report on 22 Facility Upgrades’’, including the development 23 of a multi-bend achromat lattice to produce a 24 high flux of coherent x-rays within the hard x- g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 PHOTON SOURCE UPGRADE.— 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 16 1 ray energy region and a suite of beamlines opti- 2 mized for this source. 3 (B) DEFINITIONS.—In this paragraph: 4 (i) FLUX.—The term ‘‘flux’’ means 5 the rate of flow of photons. 6 (ii) HARD X-RAY.—The term ‘‘hard x- 7 ray’’ means a photon with energy greater 8 than 20 kiloelectron volts. 9 (C) START OPERATIONS.—The Sec- 10 retary shall, to the maximum extent practicable, 11 ensure that the start of full operations of the 12 upgrade under this paragraph occurs before 13 March 31, 2026. 14 (D) FUNDING.—Out of funds authorized 15 to be appropriated under section 209 for Basic 16 Energy Science, there shall be made available to 17 the Secretary to carry out the upgrade under 18 this paragraph— 19 (i) $170,000,000 for fiscal year 2020; 20 (ii) $159,800,000 for fiscal year 2021; 21 (iii) $106,200,000 for fiscal year 22 2022; and 23 (iv) $5,000,000 for fiscal year 2023. 24 25 (2) SPALLATION 12:48 Jan 28, 2020 NEUTRON SOURCE PROTON POWER UPGRADE.— g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 OF Jkt 000000 (753409 11) PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 17 1 (A) IN Secretary shall 2 provide for a proton power upgrade to the 3 Spallation Neutron Source. 4 (B) PROTON POWER UPGRADE DEFINED.— 5 For the purposes of this paragraph, the term 6 ‘‘proton power upgrade’’ means the Spallation 7 Neutron Source power upgrade described in— 8 (i) the publication of the Office of 9 Science of the Department of Energy titled 10 ‘‘Facilities for the Future of Science: A 11 Twenty-Year Outlook’’, published Decem- 12 ber 2003; 13 (ii) the publication of the Office of 14 Science of the Department of Energy titled 15 ‘‘Four Years Later: An Interim Report on 16 Facilities for the Future of Science: A 17 Twenty-Year Outlook’’, published August 18 2007; and 19 (iii) the publication approved by the 20 Basic Energy Sciences Advisory Committee 21 on June 9, 2016, titled ‘‘Report on Facil- 22 ity Upgrades’’. 23 (C) START OF OPERATIONS.—The Sec- 24 retary shall, to the maximum extent practicable, 25 ensure that the start of full operations of the g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 GENERAL.—The 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 18 1 upgrade under this paragraph occurs before De- 2 cember 31, 2025. 3 (D) FUNDING.—Out of funds authorized 4 to be appropriated under section 209 for Basic 5 Energy Science, there shall be made available to 6 the Secretary to carry out the upgrade under 7 this paragraph— 8 (i) $65,000,000 for fiscal year 2020; 9 (ii) $44,000,000 for fiscal year 2021; 10 and 11 (iii) $35,000,000 for fiscal year 2022. 12 13 (3) SPALLATION SOURCE SECOND TARGET STATION.— 14 (A) IN GENERAL.—The Secretary shall 15 provide for a second target station for the 16 Spallation Neutron Source. 17 (B) DEFINITION OF SECOND TARGET STA- 18 TION.—For 19 term ‘‘second target station’’ means the Spall- 20 ation Neutron Source second target station de- 21 scribed in— the purposes of this paragraph, the 22 (i) the publication of the Office of 23 Science of the Department of Energy titled 24 ‘‘Facilities for the Future of Science: A g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 NEUTRON 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 19 1 Twenty-Year Outlook’’, published Decem- 2 ber 2003; 3 (ii) the publication of the Office of 4 Science of the Department of Energy titled 5 ‘‘Four Years Later: An Interim Report on 6 Facilities for the Future of Science: A 7 Twenty-Year Outlook’’, published August 8 2007; and 9 (iii) the publication approved by the 10 Basic Energy Sciences Advisory Committee 11 on June 9, 2016, titled ‘‘Report on Facil- 12 ity Upgrades’’. 13 (C) START OPERATIONS.—The Sec- 14 retary shall, to the maximum extent practicable, 15 ensure that the start of full operations of the 16 second target station under this paragraph oc- 17 curs before December 31, 2030, with the option 18 for early operation in 2028. 19 (D) FUNDING.—Out of funds authorized 20 to be appropriated under section 209 for Basic 21 Energy Science, there shall be made available to 22 the Secretary to carry out activities, including 23 construction, under this paragraph— 24 (i) $15,000,000 for fiscal year 2020; 25 (ii) $25,000,000 for fiscal year 2021; g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 OF 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 20 1 (iii) $50,000,000 for fiscal year 2022; 2 (iv) $200,000,000 for fiscal year 3 2023; 4 (v) $275,000,000 for fiscal year 2024; 5 (vi) $275,000,000 for fiscal year 6 2025; 7 (vii) $275,000,000 for fiscal year 8 2026; 9 (viii) $250,000,000 for fiscal year 10 2027; and 11 (ix) $120,000,000 for fiscal year 12 2028. 13 (4) ADVANCED 14 (A) IN GENERAL.—The Secretary shall 15 provide for the upgrade to the Advanced Light 16 Source described in the publication approved by 17 the Basic Energy Sciences Advisory Committee 18 on June 9, 2016, titled ‘‘Report on Facility Up- 19 grades’’, including the development of a multi- 20 bend achromat lattice to produce a high flux of 21 coherent x-rays within the soft x-ray energy re- 22 gion. 23 (B) DEFINITIONS.—In this paragraph: 24 (i) FLUX.—The term ‘‘flux’’ means 25 the rate of flow of photons. g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 LIGHT SOURCE UPGRADE.— 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 21 1 (ii) SOFT term ‘‘soft x- 2 ray’’ means a photon with energy in the 3 range from 50 to 2,000 electron volts. 4 (C) START OF OPERATIONS.—The Sec- 5 retary shall, to the maximum extent practicable, 6 ensure that the start of full operations of the 7 upgrade under this paragraph occurs before De- 8 cember 31, 2026. 9 (D) FUNDING.—Out of funds authorized 10 to be appropriated under section 209 for Basic 11 Energy Science, there shall be made available to 12 the Secretary to carry out the upgrade under 13 this paragraph— 14 (i) $53,000,000 for fiscal year 2020; 15 (ii) $67,000,000 for fiscal year 2021; 16 (iii) $67,000,000 for fiscal year 2022; 17 (iv) $60,000,000 for fiscal year 2023; 18 (v) $59,200,000 for fiscal year 2024; 19 and 20 (vi) $2,000,000 for fiscal year 2025. 21 22 (5) LINAC COHERENT LIGHT SOURCE II HIGH ENERGY UPGRADE.— 23 (A) IN GENERAL.—The Secretary shall 24 provide for the upgrade to the Linac Coherent 25 Light Source II facility described in the publi- g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 X-RAY.—The 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 22 1 cation approved by the Basic Energy Sciences 2 Advisory Committee on June 9, 2016, titled 3 ‘‘Report on Facility Upgrades’’, including the 4 development of experimental capabilities for 5 high energy x-rays to reveal fundamental sci- 6 entific discoveries. The Secretary shall ensure 7 the upgrade under this paragraph enables the 8 production and use of high energy, ultra-short 9 pulse x-rays delivered at a high repetition rate. 10 (B) DEFINITIONS.—In this paragraph: 11 (i) HIGH term a 12 ‘‘high energy x-ray’’ means a photon with 13 an energy at or exceeding 12 kiloelectron 14 volts. 15 (ii) HIGH REPETITION RATE.—The 16 term ‘‘high repetition rate’’ means the de- 17 livery of x-ray pulses up to 1 million pulses 18 per second. 19 (iii) ULTRA-SHORT PULSE X-RAYS.— 20 The term ‘‘ultra-short pulse x-rays’’ means 21 x-ray bursts capable of durations of less 22 than 100 femtoseconds. 23 (C) START OF OPERATIONS.—The Sec- 24 retary shall, to the maximum extent practicable, 25 ensure that the start of full operations of the g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 ENERGY X-RAY.—The 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 23 1 upgrade under this paragraph occurs before De- 2 cember 31, 2025. 3 (D) FUNDING.—Out of funds authorized 4 to be appropriated under section 209 for Basic 5 Energy Science, there shall be made available to 6 the Secretary to carry out the upgrade under 7 this paragraph— 8 (i) $54,000,000 for fiscal year 2020; 9 (ii) $64,000,000 for fiscal year 2021; 10 (iii) $70,000,000 for fiscal year 2022; 11 (iv) $80,000,000 for fiscal year 2023; 12 (v) $79,000,000 for fiscal year 2024; 13 and 14 (vi) $37,000,000 for fiscal year 2025. 15 (d) ARTIFICIAL PHOTOSYNTHESIS.—Subtitle G of 16 title IX of the Energy Policy Act of 2005 (42 U.S.C. 17 16311 et seq. ) is amended— 18 19 (1) in section 973(b), by striking paragraph (4) and inserting: 20 ‘‘(4)(A) FUNDING.—From within funds author- 21 ized to be appropriated under section 209 of the Se- 22 curing American Leadership in Science and Tech- 23 nology Act of 2020 for Basic Energy Science, the 24 Secretary shall make available for carrying out ac- g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 24 1 tivities under this subsection $50,000,000 for each 2 of fiscal years 2020 through 2029. 3 ‘‘(B) PROHIBITION.—No funds allocated to the 4 program described in paragraph (1) may be obli- 5 gated or expended for commercial application of en- 6 ergy technology.’’; and 7 8 (2) in section 975(c), by striking paragraph (4) and inserting: 9 ‘‘(4)(A) FUNDING.—From within funds author- 10 ized to be appropriated under section 209 of the Se- 11 curing American Leadership in Science and Tech- 12 nology Act of 2020 for Basic Energy Science and 13 Biological and Environmental Research, the Sec- 14 retary shall make available for carrying out activities 15 under this subsection $50,000,000 for each of fiscal 16 years 2020 through 2029. 17 ‘‘(B) PROHIBITION.—No funds allocated to the 18 program described in paragraph (1) may be obli- 19 gated or expended for commercial application of en- 20 ergy technology.’’. 21 (e) ELECTRICITY STORAGE RESEARCH INITIATIVE.— 22 Section 975 of the Energy Policy Act of 2005 (42 U.S.C. 23 16315) is amended— 24 25 (1) in subsection (b), by striking paragraph (4) and inserting: g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 25 1 ‘‘(4)(A) FUNDING.—From within funds author- 2 ized to be appropriated under section 209 of the Se- 3 curing American Leadership in Science and Tech- 4 nology Act of 2020 for Basic Energy Science, the 5 Secretary shall make available for carrying out ac- 6 tivities under this subsection $50,000,000 for each 7 of fiscal years 2020 through 2029. 8 ‘‘(B) PROHIBITION.—No funds allocated to the 9 program described in paragraph (1) may be obli- 10 gated or expended for commercial application of en- 11 ergy technology.’’. 12 13 (2) in subsection (c), by striking paragraph (4) and inserting: 14 ‘‘(4)(A) FUNDING.—From within funds author- 15 ized to be appropriated under section 209 of the Se- 16 curing American Leadership in Science and Tech- 17 nology Act of 2020 for Basic Energy Science and 18 Advanced Scientific Computing Research, the Sec- 19 retary shall make available for carrying out activities 20 under this subsection $30,000,000 for each of fiscal 21 years 2020 through 2029. 22 ‘‘(B) PROHIBITION.—No funds allocated to the 23 program described in paragraph (1) may be obli- 24 gated or expended for commercial application of en- 25 ergy technology.’’; and g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 26 1 2 (3) in subsection (d), by striking paragraph (4) and inserting: 3 ‘‘(4)(A) FUNDING.—From within funds author- 4 ized to be appropriated under section 209 of the Se- 5 curing American Leadership in Science and Tech- 6 nology Act of 2020 for Basic Energy Science and 7 Biological and Environmental Research, the Sec- 8 retary shall make available for carrying out activities 9 under this subsection $20,000,000 for each of fiscal 10 years 2020 through 2029. 11 ‘‘(B) PROHIBITION.—No funds allocated to the 12 program described in paragraph (1) may be obli- 13 gated or expended for commercial application of en- 14 ergy technology.’’. 15 (f) COMPUTATIONAL MATERIALS 16 (1) IN CHEMISTRY.— Director shall support a 17 program of fundamental research for the application 18 of advanced computing practices to foundational and 19 emerging research problems in chemistry and mate- 20 rials science. 21 22 (2) COMPUTATIONAL MATERIALS AND CHEM- ISTRY SCIENCE CENTERS.— 23 (A) IN GENERAL.—In carrying out the ac- 24 tivities authorized under paragraph (1), the Di- 25 rector shall select and establish up to four com- g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 GENERAL.—The AND 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 27 1 putational materials and chemistry science cen- 2 ters to develop open-source, robust, and vali- 3 dated computational codes and user-friendly 4 software, coupled with innovative use of experi- 5 mental and theoretical data, to enable the de- 6 sign, discovery, and development of new mate- 7 rials and chemical systems including chemical 8 catalysis research and development. These cen- 9 ters shall also focus on overcoming challenges 10 and maximizing the benefits of exascale and 11 other high performance computing systems. 12 (B) SELECTION.—The Director shall select 13 centers under paragraph (1) on a competitive, 14 merit-reviewed basis. The Director shall con- 15 sider applications from the National Labora- 16 tories, institutes of higher education, multi-in- 17 stitutional collaborations, and other appropriate 18 entities. 19 (C) center established 20 under this subsection shall receive support for 21 a period of not more than 5 years, subject to 22 the availability of appropriations. 23 (D) RENEWAL.—Upon the expiration of 24 any period of support of a center under this 25 subsection, the Director may renew support for g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 DURATION.—A 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 28 1 the center, on a merit-reviewed basis, for a pe- 2 riod of not more than 5 years. 3 (E) TERMINATION.—Consistent with the 4 existing authorities of the Department, the Di- 5 rector may terminate an underperforming cen- 6 ter for cause during the performance period. 7 (3) MATERIALS 8 (A) IN GENERAL.—The Director shall sup- 9 port the development of a web-based platform 10 to provide access to a database of computed in- 11 formation on known and predicted materials 12 properties and computational tools to accelerate 13 breakthroughs in materials discovery and de- 14 sign. 15 (B) PROGRAM.—In carrying out this sec- 16 tion, the Director shall— 17 (i) conduct cooperative research with 18 industry, academia, and other research in- 19 stitutions to facilitate the design of novel 20 materials; 21 (ii) leverage existing high performance 22 computing 23 throughput calculations, and develop com- 24 putational and data mining algorithms for 25 the prediction of material properties; g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 RESEARCH DATABASE.— 12:48 Jan 28, 2020 Jkt 000000 systems to conduct high- (753409 11) PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 29 1 (iii) 2 advance understanding, pre- diction, and manipulation of materials; 3 (iv) strengthen the foundation for new 4 technologies and advanced manufacturing; 5 and 6 (v) drive the development of advanced 7 materials for applications that span the 8 Department’s missions in energy, environ- 9 ment, and national security. 10 (C) COORDINATION.—In carrying out this 11 section, the Director shall leverage programs 12 and activities across the Department. 13 SEC. 203. ADVANCED SCIENTIFIC COMPUTING RESEARCH. 14 (a) PROGRAM.—The Director shall carry out a re- 15 search, development, and demonstration program to ad16 vance computational and networking capabilities to ana17 lyze, model, simulate, and predict complex phenomena rel18 evant to the development of new energy technologies and 19 the competitiveness of the United States. 20 (b) BEYOND EXASCALE COMPUTING PROGRAM.— 21 (1) IN Secretary shall establish 22 a program to develop and implement a strategy for 23 achieving computing systems with capabilities be- 24 yond exascale computing systems. In establishing 25 this program, the Secretary shall— g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 GENERAL.—The 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 30 1 (A) maintain foundational research pro- 2 grams in mathematical, computational, and 3 computer sciences focused on new and emerging 4 computing needs within the mission of the De- 5 partment, including but not limited to post- 6 Moore’s law computing architectures, novel ap- 7 proaches to modeling and simulation, artificial 8 intelligence and scientific machine learning, 9 quantum computing, and extreme heterogeneity; 10 and 11 (B) retain best practices and maintain sup- 12 port for essential hardware and software ele- 13 ments of the Exascale Computing Project that 14 are necessary for sustaining the vitality of a 15 long-term exascale ecosystem. 16 (2) REPORT.—Not later than one year after the 17 date of the enactment of this Act, the Secretary 18 shall submit to the Committee on Science, Space, 19 and Technology of the House of Representatives, 20 and the Committee on Energy and Natural Re- 21 sources of the Senate, a report on the development 22 and implementation of the strategy outlined in para- 23 graph (1). g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 31 1 (c) APPLIED MATHEMATICS 2 OPMENT FOR 3 PUTATIONAL, AND 4 5 SOFTWARE DEVEL- HIGH-END COMPUTING SYSTEMS, COM- (1) IN COMPUTER SCIENCES RESEARCH.— GENERAL.—The Director shall carry out activities to develop, test, and support— 6 (A) mathematics, models, statistics, and al- 7 gorithms for modeling complex systems on ad- 8 vanced computing architectures; and 9 (B) tools, languages, programming envi- 10 ronments, and operations for high-end com- 11 puting systems (as defined in section 2 of the 12 American Super Computing Leadership Act (15 13 U.S.C. 5541), as renamed by this section). 14 (2) PORTFOLIO BALANCE.—The Director shall 15 maintain a balanced portfolio within the advanced 16 scientific computing research and development pro- 17 gram established under section 976 of the Energy 18 Policy Act of 2005 (42 U.S.C. 16316) that supports 19 robust investment in— 20 (A) applied mathematical, computational, 21 and computer sciences research needs relevant 22 to the mission of the Department, including ac- 23 tivities related to data science, artificial intel- 24 ligence, scientific machine learning, quantum g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 AND 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 32 1 information science, and other emerging areas; 2 and 3 (B) 4 5 high-performance com- puting hardware and facilities. (d) ENERGY EFFICIENT COMPUTING PROGRAM.— 6 (1) IN GENERAL.—The Secretary shall support 7 a program of fundamental research, development, 8 and demonstration of energy efficient computing 9 technologies relevant to advanced computing applica- 10 tions in high performance computing, artificial intel- 11 ligence, and scientific machine learning. 12 (2) EXECUTION.— 13 (A) PROGRAM.—In carrying out the pro- 14 gram, the Secretary shall— 15 (i) establish a partnership for Na- 16 tional Laboratories, industry partners, and 17 institutions of higher education for co- 18 design of energy efficient hardware, tech- 19 nology, software, and applications across 20 all applicable program offices of the De- 21 partment; 22 (ii) develop hardware and software 23 technologies that decrease the energy needs 24 of advanced computing practices; g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 associated 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 33 1 (iii) consider multiple heterogeneous 2 computing 3 neuromorphic computing, persistent com- 4 puting, and ultrafast networking; and including 5 (iv) provide, as appropriate, on a com- 6 petitive, merit-reviewed basis, access for re- 7 searchers from institutions of higher edu- 8 cation, National Laboratories, industry, 9 and other Federal agencies to the energy 10 efficient computing technologies developed 11 pursuant to clause (i). 12 (B) SELECTION OF PARTNERS.—In select- 13 ing participants for the partnership established 14 under subparagraph (A)(i), the Secretary shall 15 select participants through a competitive, merit- 16 review process. 17 (3) REPORT.—Not later than one year after the 18 date of the enactment of this Act, the Secretary 19 shall submit to the Committee on Science, Space, 20 and Technology of the House of Representatives, 21 and the Committee on Energy and Natural Re- 22 sources of the Senate, a report on— 23 (A) the activities conducted under subpara- 24 graph (A); and g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 architectures, 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 34 1 (B) the coordination and management of 2 the Program to ensure an integrated research 3 program across the Department. 4 5 (e) ARTIFICIAL INTELLIGENCE, DATA ANALYTICS, AND COMPUTATIONAL RESEARCH.— 6 (1) IN Secretary shall carry 7 out a program to develop tools for big data analytics 8 by utilizing data sets generated by Federal agencies, 9 institutions of higher education, nonprofit research 10 organizations, and industry in order to advance arti- 11 ficial intelligence technologies to solve complex, big 12 data challenges. The Secretary shall carry out this 13 program through a competitive, merit-reviewed proc- 14 ess, and consider applications from National Labora- 15 tories, institutions of higher education, multi-institu- 16 tional collaborations, and other appropriate entities. 17 (2) PROGRAM COMPONENTS.—In carrying out 18 the program established under paragraph (1), the 19 Secretary shall— 20 (A) establish a cross-cutting research ini- 21 tiative to prevent duplication and coordinate re- 22 search efforts in artificial intelligence and data 23 analytics across the Department; 24 (B) conduct basic research in modeling 25 and simulation, artificial intelligence, machine g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 GENERAL.—The 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 35 1 learning, large-scale data analytics, natural lan- 2 guage processing, and predictive analysis in 3 order to develop novel or optimized predictive 4 algorithms suitable for high-performance com- 5 puting systems and large biomedical data sets; 6 (C) develop multivariate optimization mod- 7 els to accommodate large data sets with vari- 8 able quality and scale in order to visualize com- 9 plex systems; 10 (D) establish multiple scientific computing 11 user facilities to serve as data enclaves capable 12 of securely storing data sets created by Federal 13 agencies, institutions of higher education, non- 14 profit organizations, or industry at National 15 Laboratories; and 16 (E) promote collaboration and data shar- 17 ing between National Laboratories, research en- 18 tities, and user facilities of the Department by 19 providing the necessary access and secure data 20 transfer capabilities. 21 (3) REPORT.—Not later than 2 years after the 22 date of the enactment of this Act, the Secretary 23 shall submit to the Committee on Science, Space, 24 and Technology of the House of Representatives and 25 the Committee on Energy and Natural Resources of g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 36 1 the Senate a report evaluating the effectiveness of 2 the pilot program under paragraph (1), including 3 basic research discoveries achieved in the course of 4 the program and potential opportunities to expand 5 the technical capabilities of the Department through 6 the development of artificial intelligence and data 7 analytics technologies. 8 (f) ENERGY SCIENCES NETWORK.— 9 (1) IN Secretary shall provide 10 for an upgrade to the Energy Sciences Network user 11 facility in order to meet Federal research needs for 12 highly reliable data transport capabilities optimized 13 for the requirements of large-scale science. 14 (2) CAPABILITIES.—In carrying out paragraph 15 (1), the Secretary shall ensure the following capabili- 16 ties: 17 (A) To provide high bandwidth scientific 18 networking across the continental United States 19 and the Atlantic Ocean. 20 (B) To maximize network reliability. 21 (C) To protect the network and data from 22 cyber-attacks. 23 (D) To support exponentially increasing 24 levels of data from the Department’s scientific 25 user facilities, experiments, and sensors. g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 GENERAL.—The 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 37 1 (E) To integrate heterogeneous computing 2 frameworks and systems. 3 (g) QUANTUM SCIENCE NETWORK.—The Secretary 4 shall provide for a program to support the research, devel5 opment, and demonstration of a quantum computing net6 work, which shall operate as a national user facility. 7 (h) WORKFORCE DEVELOPMENT.—The Director of 8 the Office of Advanced Scientific Computing Research 9 shall support the development of a computational science 10 workforce through a program that— 11 (1) facilitates collaboration between university 12 students and researchers at the National Labora- 13 tories; and 14 (2) endeavors to advance science in areas rel- 15 evant to the mission of the Department through the 16 application of computational science. 17 SEC. 204. HIGH ENERGY PHYSICS. 18 (a) PROGRAM.—The Director shall carry out a re- 19 search program on the fundamental constituents of matter 20 and energy and the nature of space and time in order to 21 support theoretical and experimental research in both ele22 mentary particle physics and fundamental accelerator 23 science and technology and understand fundamental prop24 erties of the universe. g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00037 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 38 1 (b) LONG-BASELINE NEUTRINO FACILITY FOR DEEP 2 UNDERGROUND NEUTRINO EXPERIMENT.— 3 (1) IN Secretary shall provide 4 for a Long-Baseline Neutrino Facility to facilitate 5 the international Deep Underground Neutrino Ex- 6 periment to enable a program in neutrino physics to 7 measure the fundamental properties of neutrinos, ex- 8 plore physics beyond the Standard Model, and better 9 clarify the nature of matter and antimatter. 10 (2) FACILITY CAPABILITIES.—The Secretary 11 shall ensure that the facility described in paragraph 12 (1) will provide, at a minimum, the following capa- 13 bilities: 14 (A) A neutrino beam with wideband capa- 15 bility of 1.2 megawatts (MW) of beam power 16 and upgradable to 2.4 MW of beam power. 17 (B) Four caverns excavated for a 70 kil- 18 oton fiducial detector mass and supporting sur- 19 face buildings and utilities. 20 (C) Neutrino detector facilities at both the 21 Far Site in South Dakota and the Near Site in 22 Illinois to categorize and study neutrinos on 23 their 800-mile journey between the two sites. 24 (D) Cryogenic systems to support neutrino 25 detectors. g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 GENERAL.—The 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00038 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 39 1 (3) START OF OPERATIONS.—The Secretary 2 shall, to the maximum extent practicable, ensure 3 that the start of full operations of the facility under 4 this subsection occurs before December 31, 2026. 5 (4) FUNDING.—Out of funds authorized to be 6 appropriated under section 209 for High Energy 7 Physics, there shall be made available to the Sec- 8 retary to carry out activities, including construction 9 of the facility, under this subsection— 10 (A) $175,000,000 for fiscal year 2020; 11 (B) $225,000,000 for fiscal year 2021; 12 (C) $250,000,000 for fiscal year 2022; 13 (D) $250,000,000 for fiscal year 2023; 14 (E) $250,000,000 for fiscal year 2024; 15 (F) $250,000,000 for fiscal year 2025; 16 (G) $250,000,000 for fiscal year 2026; 17 (H) $250,000,000 for fiscal year 2027; 18 (I) $194,000,000 for fiscal year 2028; and 19 (J) $82,000,000 for fiscal year 2029. 20 (c) PROTON IMPROVEMENT PLAN-II ACCELERATOR 21 UPGRADE PROJECT.— 22 (1) IN Secretary of Energy 23 shall provide for the Proton Improvement Plan II 24 (PIP-II), an upgrade to the Fermilab accelerator 25 complex identified in the 2014 Particle Physics g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 GENERAL.—The 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 40 1 Project Prioritization Panel (P5) report titled 2 ‘‘Building for Discovery’’, to provide the world’s 3 most intense beam of neutrinos to the international 4 LBNF/DUNE experiment as well as a broad range 5 of future high energy physics experiments. The Sec- 6 retary of Energy shall work with international part- 7 ners to provide key contributions. 8 (2) FACILITY Secretary 9 shall ensure that the facility described in paragraph 10 (1) will provide, at a minimum, the following capa- 11 bilities: 12 (A) A state-of-the-art 800 megaelectron 13 volt (MeV) superconducting linear accelerator. 14 (B) Proton beam power of 1.2 MW at the 15 start of LBNF/DUNE, upgradeable to 2.4 MW 16 of beam power. 17 (C) A flexible design to enable high power 18 beam delivery to multiple users simultaneously 19 and customized beams tailored to specific sci- 20 entific needs. 21 (D) Sustained high reliability operation of 22 the Fermilab accelerator complex. 23 (3) START 24 12:48 Jan 28, 2020 OF OPERATIONS.—The Secretary shall, to the maximum extent practicable, ensure g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 CAPABILITIES.—The Jkt 000000 (753409 11) PO 00000 Frm 00040 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 41 1 that the start of full operations of the facility under 2 this section occurs before December 31, 2027. 3 (4) FUNDING.—Out of funds authorized to be 4 appropriated under section 209 for High Energy 5 Physics, there shall be made available to the Sec- 6 retary to carry out activities, including construction 7 of the facility, under this subsection— 8 (A) $60,000,000 for fiscal year 2020; 9 (B) $120,000,000 for fiscal year 2021; 10 (C) $120,000,000 for fiscal year 2022; 11 (D) $120,000,000 for fiscal year 2023; 12 (E) $120,000,000 for fiscal year 2024; 13 (F) $115,000,000 for fiscal year 2025; 14 (G) $85,000,000 for fiscal year 2026; and 15 (H) $45,000,000 for fiscal year 2027. 16 (d) INTERNATIONAL COLLABORATION.—Section 17 305(b) of the Department of Energy Research and Inno18 vation Act (42 U.S.C. 18643(b)) is amended to read as 19 follows: 20 ‘‘(b) INTERNATIONAL COLLABORATION.—The Direc- 21 tor shall— 22 ‘‘(1) as practicable and in coordination with 23 other appropriate Federal agencies as necessary, en- 24 sure the access of United States researchers to the 25 most advanced accelerator facilities and research ca- g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00041 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 42 1 pabilities in the world, including the Large Hadron 2 Collider; 3 ‘‘(2) to the maximum extent practicable, con- 4 tinue to leverage United States participation in the 5 Large Hadron Collider, and prioritize expanding 6 international partnerships and investments in the 7 Long-Baseline Neutrino Facility/Deep Underground 8 Neutrino Experiment; and 9 ‘‘(3) to the maximum extent practicable, 10 prioritize engagement in collaborative efforts in sup- 11 port of future international facilities that would pro- 12 vide access to United States researchers of the most 13 advanced accelerator facilities in the world.’’. 14 (e) ACCELERATOR AND DETECTOR UPGRADES.—The 15 Director shall upgrade accelerator facilities and detectors, 16 as necessary and appropriate, to increase beam power, 17 sustain high reliability, and improve precision measure18 ment to advance the highest priority particle physics re19 search programs. In carrying out facility upgrades, the Di20 rector shall continue to work with international partners, 21 when appropriate and in the United States interest, to le22 verage investments and expertise in critical technologies 23 to maintain leading facilities in the United States. 24 (f) ACCELERATOR AND DETECTOR RESEARCH AND 25 DEVELOPMENT.—The Director shall carry out a program g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 43 1 in accelerator and detector research and development, in 2 order to develop and deploy next generation technologies 3 to support discovery science in particle physics. 4 (g) RESEARCH COLLABORATIONS.—In developing ac- 5 celerator technologies under the program authorized in 6 subsection (e), the Director shall— 7 (1) consider the requirements necessary to sup- 8 port translational research and development for 9 medical, industrial, security, and defense applica- 10 tions; and 11 (2) leverage investments in accelerator tech- 12 nologies and basic research in particle physics by 13 partnering with institutes of higher education, indus- 14 try, and other Federal agencies to help commer- 15 cialize technologies with promising applications. 16 SEC. 205. BIOLOGICAL AND ENVIRONMENTAL RESEARCH. 17 (a) PROGRAM.—The Director shall carry out a pro- 18 gram of basic research in the areas of biological systems 19 science and environmental science relevant to the develop20 ment of new energy technologies and to support Depart21 ment missions in energy, environment, and national secu22 rity. 23 (b) BIOENERGY RESEARCH CENTERS.— 24 25 (1) IN 12:48 Jan 28, 2020 carrying out activities under subsection (a), the Director shall select and g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 GENERAL.—In Jkt 000000 (753409 11) PO 00000 Frm 00043 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 44 1 establish up to four bioenergy research centers to 2 conduct basic and fundamental research in plant 3 and microbial systems biology, bio imaging and anal- 4 ysis, and genomics to inform the production of fuels, 5 chemicals from sustainable biomass resources, and 6 to facilitate the translation of basic research results 7 to industry. 8 (2) SELECTION.—The Director shall select cen- 9 ters under paragraph (1) on a competitive, merit-re- 10 viewed basis. The Director shall consider applica- 11 tions from National Laboratories, multi-institutional 12 collaborations, and other appropriate entities. 13 (3) DURATION.—A center established under 14 this subsection shall receive support for a period of 15 not more than 5 years, subject to the availability of 16 appropriations. 17 (4) EXISTING Director may se- 18 lect a center for participation under this subsection 19 that is in existence, or undergoing a renewal process, 20 on the date of enactment of this Act. Such center 21 shall be eligible to receive support for the duration 22 the 5-year period beginning on the date of establish- 23 ment of such center. 24 (5) RENEWAL.—Upon the expiration of any pe- 25 riod of support of a center under this subsection, the g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 CENTERS.—The 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00044 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 45 1 Director may renew support for the center, on a 2 merit-reviewed basis, for a period of not more than 3 5 years. 4 (6) TERMINATION.—Consistent with the exist- 5 ing authorities of the Department, the Director may 6 terminate an underperforming center for cause dur- 7 ing the performance period. 8 (c) LOW DOSE RADIATION RESEARCH PROGRAM.— 9 (1) IN Secretary shall carry 10 out a basic research program on low-dose and low 11 dose-rate radiation to— 12 (A) enhance the scientific understanding 13 of, and reduce uncertainties associated with, the 14 effects of exposure to low-dose and low dose- 15 rate radiation; and 16 (B) inform improved risk-assessment and 17 risk-management methods with respect to such 18 radiation. 19 (2) PROGRAM COMPONENTS.—In carrying out 20 the program required under paragraph (1), the Sec- 21 retary shall— 22 (A) formulate scientific goals for low-dose 23 radiation and low dose-rate radiation basic re- 24 search in the United States; g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 GENERAL.—The 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00045 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 46 1 (B) identify ongoing scientific challenges 2 for understanding the long-term effects of ion- 3 izing radiation on biological systems; 4 (C) develop a long-term strategic and 5 prioritized basic research agenda to address 6 such scientific challenges in coordination with 7 other research efforts; 8 (D) identify and, to the extent possible, 9 quantify, potential monetary and health-related 10 benefits to Federal agencies, the general public, 11 industry, research communities, and other users 12 of information produced by such research pro- 13 gram; 14 (E) leverage the collective body of knowl- 15 edge from existing low-dose and low dose-rate 16 radiation research; and 17 (F) engage with other Federal agencies, 18 research communities, and potential users of in- 19 formation produced under this section, includ- 20 ing institutions concerning radiation research, 21 medical physics, radiology, health physics, and 22 emergency response. 23 (3) COORDINATION.—In carrying out the pro- 24 gram required under paragraph (1), the Secretary, 25 in coordination with the Physical Science Sub- g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00046 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 47 1 committee of the National Science and Technology 2 Council, shall— 3 (A) support the directives under section 4 106 of the American Innovation and Competi- 5 tiveness Act (42 U.S.C. 6601 note); 6 (B) ensure that the Office of Science of 7 the Department of Energy consults and coordi- 8 nates with the National Aeronautics and Space 9 Administration, National Institutes of 10 Health, the Environmental Protection Agency, 11 the Department of Defense, the Nuclear Regu- 12 latory Commission, and the Department of 13 Homeland Security; 14 (C) advise and assist the National Science 15 and Technology Council on policies and initia- 16 tives in radiation biology, including enhancing 17 scientific knowledge of the effects of low-dose 18 and low dose-rate radiation on biological sys- 19 tems to improve radiation risk-assessment and 20 risk-management methods; and 21 (D) identify opportunities to stimulate 22 international cooperation relating to low-dose 23 and low dose-rate radiation and leverage re- 24 search and knowledge from sources outside of 25 the United States. g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 the 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00047 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 48 1 (4) RESEARCH later than 180 days 2 after the date of enactment of this Act, the Sec- 3 retary shall transmit to the Committee on Science, 4 Space, and Technology of the House of Representa- 5 tives and the Committee on Energy and Natural Re- 6 sources of the Senate a 4-year research plan that 7 identifies and prioritizes basic research needs relat- 8 ing to low-dose and low dose-rate radiation. In devel- 9 oping such plan, the Secretary shall incorporate the 10 components described in paragraph (2). 11 (5) LOW-DOSE RADIATION DEFINED.—In this 12 section, the term ‘‘low-dose radiation’’ means a radi- 13 ation dose of less than 100 millisieverts. 14 (6) LOW DOSE-RATE RADIATION DEFINED.—In 15 this section, the term ‘‘low dose-rate radiation’’ 16 means a radiation dose rate of less than 5 17 millisieverts per hour. 18 (7) RULE OF CONSTRUCTION.—Nothing in this 19 section shall be construed to subject any research 20 carried out by the Secretary for the program under 21 this section to any limitations described in section 22 977(e). 23 (8) FUNDING.—For purposes of carrying out 24 this section, the Secretary is authorized to make g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 PLAN.—Not 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00048 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 49 1 available from funds provided to the Biological and 2 Environmental Research Program— 3 (A) $20,000,000 for fiscal year 2020; 4 (B) $20,000,000 for fiscal year 2021; 5 (C) $30,000,000 for fiscal year 2022; 6 (D) $30,000,000 for fiscal year 2023; 7 (E) $40,000,000 for fiscal year 2024; 8 (F) $40,000,000 for fiscal year 2025; 9 (G) $50,000,000 for fiscal year 2026; 10 (H) $50,000,000 for fiscal year 2027; 11 (I) $60,000,000 for fiscal year 2028; and 12 (J) $60,000,000 for fiscal year 2029. 13 14 (d) EARTH ENVIRONMENTAL SYSTEMS RE- SEARCH.— 15 (1) IN GENERAL.—The Director shall carry out 16 a program of fundamental research to develop high- 17 resolution Earth system modeling, analysis, and 18 intercomparison capabilities, in order to further the 19 understanding of the biological, biogeochemical, and 20 physical processes across the multiple scales that 21 control the flux of environmentally-relevant com- 22 pounds between the terrestrial surface and the at- 23 mosphere. g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 AND 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00049 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 50 1 (2) PRIORITIZATION.—In carrying out the pro- 2 gram authorized under paragraph (1), the Director 3 shall prioritize— 4 (A) the development of software and algo- 5 rithms to enable the productive application of 6 environmental systems models in high perform- 7 ance computing systems; and 8 (B) capabilities that support the Depart- 9 ment’s mission needs for energy and infrastruc- 10 ture security, resilience, and reliability. 11 (3) USER 12 (A) IN GENERAL.—In carrying out the ac- 13 tivities authorized under paragraph (1), the Di- 14 rector shall establish and operate user facilities 15 to advance the collection, validation, and anal- 16 ysis of atmospheric data, including activities to 17 advance knowledge and improve model rep- 18 resentations and measure the impact of atmos- 19 pheric gases, aerosols, and clouds on earth and 20 environmental systems. 21 (B) EXISTING FACILITIES.—To the max- 22 imum extent practicable, the Director shall uti- 23 lize existing facilities to carry out this sub- 24 section. g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 FACILITIES.— 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00050 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 51 1 (C) SELECTION.—The Director shall select 2 user facilities under paragraph (1) on a com- 3 petitive, merit-reviewed basis. The Director 4 shall consider applications from the National 5 Laboratories, institutes of higher education, 6 multi-institutional collaborations, and other ap- 7 propriate entities. 8 (D) TERMINATION.—Consistent with the 9 existing authorities of the Department, the Di- 10 rector may terminate an underperforming user 11 facility for cause during the performance pe- 12 riod. 13 (4) COORDINATION.—In carrying out the pro- 14 gram authorized in paragraph (1), the Director shall 15 ensure that the Office of Science— 16 (A) consults and coordinates with the Na- 17 tional Oceanic Atmospheric Administration, the 18 Environmental Protection Agency, and any 19 other relevant Federal agency on the collection, 20 validation, and analysis of atmospheric data; 21 and 22 (B) coordinates with relevant stakeholders, 23 including institutes of higher education, non- 24 profit research institutions, industry, State, 25 local, and tribal governments, and other appro- g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00051 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 52 1 priate entities to ensure access to the best avail- 2 able relevant atmospheric and historical weath- 3 er data. 4 (f) COASTAL ZONE RESEARCH INITIATIVE.— 5 (1) IN Director shall carry out 6 a basic research program to enhance the under- 7 standing of coastal ecosystems. In carrying out this 8 program, the Director shall prioritize efforts to en- 9 hance the collection of observational data, and shall 10 develop models to analyze the ecological, biogeo- 11 chemical, hydrological and physical processes that 12 interact in coastal zones. 13 (2) NATIONAL SYSTEM FOR COASTAL DATA 14 COLLECTION.—The 15 grated system of field research sites in order to im- 16 prove the quantity and quality of observational data, 17 and that encompass at least three of the major land- 18 water interfaces of the United States, including— Director shall establish an inte- 19 (A) the Great Lakes region; 20 (B) the Pacific coast; 21 (C) the Atlantic coast; 22 (D) the Arctic; and 23 (E) the Gulf coast. 24 25 (3) EXISTING 12:48 Jan 28, 2020 INFRASTRUCTURE.—In carrying out the programs and establishing the field research g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 GENERAL.—The Jkt 000000 (753409 11) PO 00000 Frm 00052 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 53 1 sites under paragraph (1) and (2), the Secretary 2 shall leverage existing Department of Energy R&D 3 infrastructure, including the Department’s existing 4 marine sciences lab. 5 (4) COORDINATION.—For the purposes of car- 6 rying out the programs and establishing the field re- 7 search sites under the Initiative, the Secretary may 8 enter into agreements with Federal Departments 9 and agencies with complementary capabilities. 10 (5) REPORT.—Not less than 2 years after the 11 date of the enactment of this Act, the Director shall 12 provide to the Committee on Science, Space, and 13 Technology and the Committee on Appropriations of 14 the House of Representatives and the Committee on 15 Energy and Natural Resources and the Committee 16 on Appropriations of the Senate a report examining 17 whether the system described in this section should 18 be established as a National User Facility. 19 (g) BIOLOGICAL AND ENVIRONMENTAL RESEARCH 20 USER FACILITIES.— 21 (1) IN Director shall carry out 22 a program for the development, construction, oper- 23 ation, and maintenance of user facilities to enhance 24 the collection and analysis of observational data re- g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 GENERAL.—The 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00053 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 54 1 lated to complex biological, earth, and environmental 2 systems. 3 (2) FACILITY the max- 4 imum extent practicable, the user facilities devel- 5 oped, constructed, operated, or maintained under 6 paragraph (1) shall include— 7 (A) distributed field research and observa- 8 tion platforms for understanding earth system 9 processes; 10 (B) instruments and modeling resources 11 for understanding the physical, chemical, and 12 cellular processes of biological and environ- 13 mental systems; 14 (C) integrated high-throughput sequencing, 15 DNA design and synthesis, metabolomics and 16 computational analysis; and 17 (D) such other facilities as the Director 18 considers appropriate, consistent with section 19 209 of the Department of Energy Organization 20 Act (42 U.S.C. 7139). 21 (3) EXISTING FACILITIES.—In carrying out the 22 program established in paragraph (1), the Director 23 is encouraged to evaluate the capabilities of existing 24 user facilities and, to the maximum extent prac- g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 REQUIREMENTS.—To 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00054 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 55 1 ticable, invest in modernization of those capabilities 2 to address emerging research priorities. 3 SEC. 206. FUSION ENERGY. 4 (a) PROGRAM.—The Director shall carry out a fusion 5 energy sciences research program to expand the under6 standing of plasmas and matter at very high temperatures 7 and densities and build the science and engineering foun8 dation needed to develop a fusion energy source. 9 (b) PUBLIC-PRIVATE PARTNERSHIPS.— 10 (1) IN carrying out the program 11 authorized in subsection (a), the Secretary shall, to 12 the maximum extent practicable, make available fu- 13 sion energy science infrastructure to industry part- 14 ners in order to achieve faster and cost-effective de- 15 velopment of fusion energy technologies toward com- 16 mercial readiness. In carrying out this subsection, 17 the Secretary shall make available— 18 (A) experimental capabilities and testing 19 facilities; 20 (B) computational capabilities, modeling 21 and simulation tools; 22 (C) access to existing datasets and data 23 validation tools; and 24 (D) land use and site information for dem- 25 onstration facilities. g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 GENERAL.—In 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00055 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 56 1 (2) SELECTION.— 2 (A) IN Secretary shall se- 3 lect industry partners for awards on a competi- 4 tive, merit-reviewed basis. 5 (B) CONSIDERATIONS.—In selecting indus- 6 try stakeholders under subparagraph (A), the 7 Secretary shall consider— 8 (i) the information disclosed by the 9 Department under this subsection; and 10 (ii) any existing facilities the Depart- 11 ment will provide for public-private part- 12 nership activities. 13 (3) TERM.—An award made to an industry 14 partner under this section shall be for a period of 15 not more than 5 years, subject to the availability of 16 appropriations, after which the award may be re- 17 newed, subject to a rigorous merit review. 18 (c) HIGH PERFORMANCE COMPUTATION COLLABO- 19 RATIVE 20 RESEARCH PROGRAM.— (1) IN GENERAL.—The Secretary shall carry 21 out a program to conduct and support collaborative 22 research, development, and demonstration of fusion 23 energy technologies, through high-performance com- 24 putation modeling and simulation techniques, in 25 order to— g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 GENERAL.—The 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00056 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 57 1 (A) support basic science research in plas- 2 mas and matter at very high temperatures and 3 densities; 4 (B) inform the development of a broad 5 range of fusion energy systems; and 6 (C) facilitate the translation of basic re- 7 search results in fusion energy science to indus- 8 try. 9 (2) COORDINATION.—In carrying out the pro- 10 gram under paragraph (1), the Secretary shall co- 11 ordinate 12 prioritize the following objectives: relevant Federal agencies, and 13 (A) Using expertise from the private sec- 14 tor, institutions of higher education, and the 15 National Laboratories to develop computational 16 software and capabilities that prospective users 17 may accelerate research and development of fu- 18 sion energy systems. 19 (B) Developing computational tools to sim- 20 ulate and predict fusion energy science phe- 21 nomena that may be validated through physical 22 experimentation. 23 (C) Increasing the utility of the research 24 infrastructure of the Department by coordi- g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 with 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00057 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 58 1 nating with the Advanced Scientific Computing 2 Research program within the Office of Science. 3 (D) Leveraging experience from existing 4 modeling and simulation entities sponsored by 5 the Department. 6 (E) Ensuring that new experimental and 7 computational tools are accessible to relevant 8 research communities, including private sector 9 entities engaged in fusion energy technology de- 10 velopment. 11 (3) DUPLICATION.—The Secretary shall ensure 12 the coordination of, and avoid unnecessary duplica- 13 tion of, the activities of this program with the activi- 14 ties of— 15 (A) other research entities of the Depart- 16 ment, including the National Laboratories, the 17 Advanced Research Projects Agency—Energy, 18 the Advanced Scientific Computing Research 19 program; and 20 (B) industry. 21 (4) HIGH 22 SION INNOVATION HUB.—In 23 gram under paragraph (1), the Secretary shall es- 24 tablish and operate a national High Performance 25 Computing for Fusion Innovation Hub (referred to g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 PERFORMANCE COMPUTING FOR FU- 12:48 Jan 28, 2020 Jkt 000000 carrying out the pro- (753409 11) PO 00000 Frm 00058 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 59 1 in this section as the ‘‘Hub’’), which shall focus on 2 the early stage research and development activities 3 described under paragraph (1). 4 (d) SELECTION.—The Secretary shall select the Hub 5 under this subsection on a competitive, merit-reviewed 6 basis. The Secretary shall consider applications from Na7 tional Laboratories, institutions of higher education, 8 multi-institutional collaborations, and other appropriate 9 entities. 10 (e) DURATION.—The Hub established under this sub- 11 section shall receive support for a period of not more than 12 5 years, subject to the availability of appropriations. 13 (f) RENEWAL.—Upon the expiration of any period of 14 support of the Hub, the Secretary may renew support for 15 the Hub, on a merit-reviewed basis, for a period of not 16 more than 5 years. 17 (g) TERMINATION.—Consistent with the existing au- 18 thorities of the Department, the Secretary may terminate 19 the Hub for cause during the performance period. 20 (h) TOKAMAK RESEARCH AND DEVELOPMENT.—Sec- 21 tion 307(b) of the Department of Energy Research and 22 Innovation Act (42 U.S.C. 18645(b)) is amended to read 23 as follows: 24 ‘‘(b) TOKAMAK RESEARCH AND DEVELOPMENT.— g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00059 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 60 1 ‘‘(1) IN Director shall support 2 research and development activities and facility oper- 3 ations to optimize the tokamak approach to fusion 4 energy. 5 6 ‘‘(2) INTERNATIONAL THERMONUCLEAR EXPER- IMENTAL REACTOR CONSTRUCTION.— 7 ‘‘(A) IN GENERAL.—There is authorized 8 United States participation in the construction 9 and operations of the ITER project, as agreed 10 to under the April 25, 2007 ‘Agreement on the 11 Establishment of the ITER International Fu- 12 sion Energy Organization for the Joint Imple- 13 mentation of the ITER Project’. 14 ‘‘(B) FACILITY REQUIREMENTS.—The Sec- 15 retary shall ensure that the mission-oriented 16 user facility will enable the study of a burning 17 plasma, and shall be built to have the following 18 characteristics in its full configuration: 19 ‘‘(i) A tokamak device with a plasma 20 radius of 6.2 meters and a magnetic field 21 of 5.3 T. 22 ‘‘(ii) Capable of creating and sus- 23 taining a 15-million-Ampere plasma cur- 24 rent for greater than 300 seconds. g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 GENERAL.—The 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00060 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 61 1 ‘‘(C) 2 TIONS.—From 3 appropriated under section 209 of the Securing 4 American Leadership in Science and Tech- 5 nology Act of 2020 for Fusion Energy Sciences, 6 there are authorized to carry out this para- 7 graph— 8 APPROPRIA- within funds authorized to be 2020; 10 ‘‘(ii) $290,400,000 for fiscal year 11 2021; 12 ‘‘(iii) $338,800,000 for fiscal year 13 2022; 14 ‘‘(iv) $387,200,000 for fiscal year 15 2023; 16 ‘‘(v) $435,600,000 for fiscal year 17 2024; 18 ‘‘(vi) $484,000,000 for fiscal year 19 2025; 20 ‘‘(vii) $435,600,000 for fiscal year 21 2026; 22 ‘‘(viii) $387,200,000 for fiscal year 23 2027; 24 ‘‘(ix) $338,800,000 for fiscal year 25 2028; and g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) 12:48 Jan 28, 2020 OF ‘‘(i) $242,000,000 for fiscal year 9 VerDate Mar 15 2010 AUTHORIZATION Jkt 000000 (753409 11) PO 00000 Frm 00061 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 62 1 ‘‘(x) $290,400,000 for fiscal year 2 2029.’’. 3 4 (i) INERTIAL FUSION ENERGY RESEARCH VELOPMENT AND DE- PROGRAM.—Section 307(c) of the Depart- 5 ment of Energy Research and Innovation Act (42 U.S.C. 6 18645(c)) is amended to read as follows: 7 8 ‘‘(c) INERTIAL FUSION RESEARCH DEVELOP- MENT.— 9 ‘‘(1) IN GENERAL.—The Director shall carry 10 out a program of research and technology develop- 11 ment in inertial fusion for energy applications, in- 12 cluding ion beam, laser, and pulsed power fusion 13 systems. 14 ‘‘(2) LASER RESEARCH INITIATIVE.—The Di- 15 rector shall establish a high intensity laser research 16 program consistent with the recommendations of the 17 National Academy of Science Report, ‘Opportunities 18 in Intense Ultrafast Lasers: Reaching for the 19 Brightest Light’ and the Brightest Light Initiative 20 workshop report. This program shall include re- 21 search to develop petawatt-scale laser technologies 22 necessary to facilitate discovery science and to ad- 23 vance energy technologies, and to restore U.S. lead- 24 ership in high intensity laser facilities.’’. g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 AND 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00062 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 63 1 (j) ALTERNATIVE AND ENABLING CONCEPTS.—Sec- 2 tion 307(d) of the Department of Energy Research and 3 Innovation Act (42 U.S.C. 18645(d)) is amended as fol4 lows: 5 ‘‘(d) ALTERNATIVE AND ENABLING CONCEPTS.— 6 ‘‘(2) IN part of the program de- 7 scribed in subsection (a), the Director shall support 8 research and development activities and facility oper- 9 ations at United States universities, national labora- 10 tories, and private facilities for a portfolio of alter- 11 native and enabling fusion energy concepts that may 12 provide solutions to significant challenges to the es- 13 tablishment of a commercial magnetic fusion power 14 plant, prioritized based on the ability of the United 15 States to play a leadership role in the international 16 fusion research community. 17 ‘‘(3) ACTIVITIES.—Fusion energy concepts and 18 activities explored under this paragraph may in- 19 clude— 20 ‘‘(A) high magnetic field approaches facili- 21 tated by high temperature superconductors; 22 ‘‘(B) advanced stellarator concepts; 23 ‘‘(C) non-tokamak confinement configura- 24 tions operating at low magnetic fields; g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 GENERAL.—As 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00063 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 64 1 ‘‘(D) magnetized target fusion energy con- 2 cepts; 3 ‘‘(E) liquid metals to address issues associ- 4 ated with fusion plasma interactions with the 5 inner wall of the encasing device; 6 ‘‘(F) immersion blankets for heat manage- 7 ment and fuel breeding; 8 ‘‘(G) advanced scientific computing activi- 9 ties; and 10 ‘‘(H) other promising fusion energy con- 11 12 cepts identified by the Director.’’. SEC. 207. NUCLEAR PHYSICS. 13 Section 308 of the Department of Energy Research 14 and Innovation Act (42 U.S.C. 18646) is amended by in15 serting at the end the following: 16 ‘‘(c) FACILITY FOR RARE ISOTOPE BEAMS.— 17 ‘‘(1) IN Secretary shall provide 18 for a Facility for Rare Isotope Beams to advance the 19 understanding of rare nuclear isotopes and the evo- 20 lution of the cosmos. 21 ‘‘(2) FACILITY CAPABILITY.—In carrying out 22 paragraph (1), the Secretary shall provide for, at a 23 minimum, a rare isotope beam facility capable of 24 400 kW of beam power. g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 GENERAL.—The 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00064 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 65 1 ‘‘(3) START Secretary 2 shall, to the maximum extent practicable, ensure 3 that the start of full operations of the facility under 4 this subsection occurs before June 30, 2022. 5 ‘‘(4) FUNDING.—Out of funds authorized to be 6 appropriated under section 209 of the Securing 7 American Leadership in Science and Technology Act 8 of 2020 for Nuclear Physics, there shall be made 9 available to the Secretary to carry out activities, in- 10 cluding construction of the facility, under this sub- 11 section— 12 ‘‘(A) $64,00,000 for fiscal year 2020; 13 ‘‘(B) $36,300,000 for fiscal year 2021; 14 ‘‘(C) $24,000,000 for fiscal year 2022; 15 ‘‘(D) $15,000,000 for fiscal year 2023; 16 and 17 18 ‘‘(E) $15,000,000 for fiscal year 2024. ‘‘(d) ELECTRON-ION COLLIDER.— 19 ‘‘(1) IN GENERAL.—The Secretary shall provide 20 for an Electron Ion Collider as described in the 21 2015 Nuclear Science Advisory Committee’s Long 22 Range Plan and endorsed by the report from the 23 National Academies of Science, Engineering, and 24 Medicine report titled ‘An Assessment of U.S.-Based 25 Electron-Ion Collider Science’, in order to measure g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 OF OPERATIONS.—The 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00065 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 66 1 the internal structure of the proton and the nucleus 2 and answer fundamental questions about the nature 3 of visible matter. 4 ‘‘(2) FACILITY CAPABILITY.—The Secretary 5 shall ensure that the facility meets the requirements 6 in the 2015 Long Range Plan, including— 7 ‘‘(A) at least 70 percent polarized beams 8 of electrons and light ions; 9 ‘‘(B) ion beams from deuterium to the 10 heaviest nuclei; 11 ‘‘(C) variable center of mass energy from 12 20 to 140 GeV; high luminosity of 1033-1034 13 cm-2s-1; and 14 ‘‘(D) the possibility of more than one 15 interaction region. 16 ‘‘(3) START OF OPERATIONS.—The Secretary 17 shall, to the maximum extent practicable, ensure 18 that the start of full operations of the facility under 19 this section occurs before December 31, 2030.’’. 20 SEC. 208. SCIENCE LABORATORIES INFRASTRUCTURE PRO- 21 22 GRAM. Section 309 of the Department of Energy Research 23 and Innovation Act of 2018 (42 U.S.C. 18647) is amend24 ed by adding at the end the following: g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00066 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 67 1 2 ‘‘(c) USE NISMS.—In OF AVAILABLE APPROACHES AND MECHA- carrying out this section, the Director shall 3 utilize all available approaches and mechanisms, including 4 capital line items, minor construction projects, energy sav5 ings performance contracts, utility energy service con6 tracts, alternative financing, and expense funding, as ap7 propriate. 8 ‘‘(d) MID-SCALE INSTRUMENTATION PROGRAM.— 9 The Director shall establish a mid-scale instrumentation 10 program to enable the development and acquisition of 11 novel, state-of-the-art instruments that would significantly 12 accelerate scientific breakthroughs at national laboratory 13 user facilities.’’. 14 SEC. 209. AUTHORIZATION OF APPROPRIATIONS. 15 (a) FISCAL YEAR 2020.—There are authorized to be 16 appropriated to the Secretary for the Office of Science for 17 fiscal year 2020 $7,000,000,000, of which— 18 19 (1) $2,213,000,000 shall be for Basic Energy Science; 20 21 (2) $1,045,000,000 shall be for High Energy Physics; 22 23 (3) $750,000,000 shall be for Biological and Environmental Research; 24 (4) $713,000,000 shall be for Nuclear Physics; g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00067 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 68 1 2 (5) $980,000,000 shall be for Advanced Scientific Computing Research; 3 4 (6) $671,000,000 shall be for Fusion Energy Sciences; 5 6 (7) $301,000,000 shall be for Science Laboratories Infrastructure; 7 8 (8) $186,300,000 shall be for Science Program Direction; 9 10 (9) $112,700,000 shall be for Safeguards and Security; and 11 (10) $28,000,000 shall be for Workforce Devel- 12 opment for Teachers and Scientists. 13 (b) FISCAL YEAR 2021.—There are authorized to be 14 appropriated to the Secretary for the Office of Science for 15 fiscal year 2021 $7,900,940,874, of which— 16 17 (1) $2,685,840,000 shall be for Basic Energy Science; 18 19 (2) $1,135,584,317 shall be for High Energy Physics; 20 21 (3) $816,925,453 shall be for Biological and Environmental Research; 22 (4) $799,544,060 shall be for Nuclear Physics; 23 (5) $1,160,020,000 shall be for Advanced Sci- 24 entific Computing Research; g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00068 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 69 1 2 (6) $699,360,000 shall be for Fusion Energy Sciences; 3 4 (7) $279,468,000 shall be for Science Laboratories Infrastructure; 5 6 (8) $190,393,200 shall be for Science Program Direction; 7 8 (9) $110,396,844 shall be for Safeguards and Security; and 9 (10) $23,409,000 shall be for Workforce Devel- 10 opment for Teachers and Scientists. 11 (c) FISCAL YEAR 2022.—There are authorized to be 12 appropriated to the Secretary for the Office of Science for 13 fiscal year 2022 $8,559,100,770, of which— 14 15 (1) $2,945,760,000 shall be for Basic Energy Science; 16 17 (2) $1,213,376,476 shall be for High Energy Physics; 18 19 (3) $872,888,179 shall be for Biological and Environmental Research; 20 (4) $854,316,090 shall be for Nuclear Physics; 21 (5) $1,272,280,000 shall be for Advanced Sci- 22 entific Computing Research; 23 24 (6) $767,040,000 shall be for Fusion Energy Sciences; g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00069 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 70 1 2 (7) $302,757,000 shall be for Science Laboratories Infrastructure; 3 4 (8) $194,201,064 shall be for Science Program Direction; 5 6 (9) $112,604,781 shall be for Safeguards and Security; and 7 (10) $23,877,180 shall be for Workforce Devel- 8 opment for Teachers and Scientists. 9 (d) FISCAL YEAR 2023.—There are authorized to be 10 appropriated to the Secretary for the Office of Science for 11 fiscal year 2023 $9,217,390,345, of which— 12 13 (1) $3,205,680,000 shall be for Basic Energy Science; 14 15 (2) $1,291,168,634 shall be for High Energy Physics; 16 17 (3) $928,850,905 shall be for Biological and Environmental Research; 18 (4) $909,088,120 shall be for Nuclear Physics; 19 (5) $1,384,540,000 shall be for Advanced Sci- 20 entific Computing Research; 21 22 (6) $834,720,000 shall be for Fusion Energy Sciences; 23 24 (7) $326,046,000 shall be for Science Laboratories Infrastructure; g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00070 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 71 1 2 (8) $198,085,085 shall be for Science Program Direction; 3 4 (9) $114,856,876 shall be for Safeguards and Security; and 5 (10) $24,354,724 shall be for Workforce Devel- 6 opment for Teachers and Scientists. 7 (e) FISCAL YEAR 2024.—There are authorized to be 8 appropriated to the Secretary for the Office of Science for 9 fiscal year 2024 $9,875,812,193, of which— 10 11 (1) $3,465,600,000 shall be for Basic Energy Science; 12 13 (2) $1,368,960,793 shall be for High Energy Physics; 14 15 (3) $984,813,632 shall be for Biological and Environmental Research; 16 (4) $963,860,150 shall be for Nuclear Physics; 17 (5) $1,496,800,000 shall be for Advanced Sci- 18 entific Computing Research; 19 20 (6) $902,400,000 shall be for Fusion Energy Sciences; 21 22 (7) $349,335,000 shall be for Science Laboratories Infrastructure; 23 24 (8) $202,046,787 shall be for Science Program Direction; g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00071 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 72 1 2 (9) $117,154,014 shall be for Safeguards and Security; and 3 (10) $24,841,818 shall be for Workforce Devel- 4 opment for Teachers and Scientists. 5 (f) FISCAL YEAR 2025.—There are authorized to be 6 appropriated to the Secretary for the Office of Science for 7 fiscal year 2025 $10,534,368,961, of which— 8 9 (1) $3,725,520,000 shall be for Basic Energy Science; 10 11 (2) $1,446,752,951 shall be for High Energy Physics; 12 13 (3) $1,040,776,358 shall be for Biological and Environmental Research; 14 15 (4) $1,018,632,180 shall be for Nuclear Physics; 16 17 (5) $1,609,060,000 shall be for Advanced Scientific Computing Research; 18 19 (6) $970,080,000 shall be for Fusion Energy Sciences; 20 21 (7) $372,624,000 shall be for Science Laboratories Infrastructure; 22 23 (8) $206,087,723 shall be for Science Program Direction; 24 25 (9) $119,497,094 shall be for Safeguards and Security; and g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00072 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 73 1 (10) $25,338,654 shall be for Workforce Devel- 2 opment for Teachers and Scientists. 3 (g) FISCAL YEAR 2026.—There are authorized to be 4 appropriated to the Secretary for the Office of Science for 5 fiscal year 2026 $11,193,063,345, of which— 6 7 (1) $3,985,440,000 shall be for Basic Energy Science; 8 9 (2) $1,524,545,110 shall be for High Energy Physics; 10 11 (3) $1,096,739,084 shall be for Biological and Environmental Research; 12 13 (4) $1,073,404,210 shall be for Nuclear Physics; 14 15 (5) $1,721,320,000 shall be for Advanced Scientific Computing Research; 16 17 (6) $1,037,760,000 shall be for Fusion Energy Sciences; 18 19 (7) $395,913,000 shall be for Science Laboratories Infrastructure; 20 21 (8) $210,209,477 shall be for Science Program Direction; 22 23 (9) $121,887,036 shall be for Safeguards and Security; and 24 25 (10) $25,845,428 shall be for Workforce Development for Teachers and Scientists. g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00073 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 74 1 (h) FISCAL YEAR 2027.—There are authorized to be 2 appropriated to the Secretary for the Office of Science for 3 fiscal year 2027 $11,851,898,099, of which— 4 5 (1) $4,245,360,000 shall be for Basic Energy Science; 6 7 (2) $1,602,337,268 shall be for High Energy Physics; 8 9 (3) $1,152,701,810 shall be for Biological and Environmental Research; 10 11 (4) $1,128,176,240 shall be for Nuclear Physics; 12 13 (5) $1,833,580,000 shall be for Advanced Scientific Computing Research; 14 15 (6) $1,105,440,000 shall be for Fusion Energy Sciences; 16 17 (7) $419,202,000 shall be for Science Laboratories Infrastructure; 18 19 (8) $214,413,667 shall be for Science Program Direction; 20 21 (9) $124,324,777 shall be for Safeguards and Security; and 22 23 (10) $26,362,336 shall be for Workforce Development for Teachers and Scientists. g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00074 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 75 1 (i) FISCAL YEAR 2028.—There are authorized to be 2 appropriated to the Secretary for the Office of Science for 3 fiscal year 2028 $12,510,876,029, of which— 4 5 (1) $4,505,280,000 shall be for Basic Energy Science; 6 7 (2) $1,680,129,427 shall be for High Energy Physics; 8 9 (3) $1,208,664,537 shall be for Biological and Environmental Research; 10 11 (4) $1,182,948,270 shall be for Nuclear Physics; 12 13 (5) $1,945,840,000 shall be for Advanced Scientific Computing Research; 14 15 (6) $1,173,120,000 shall be for Fusion Energy Sciences; 16 17 (7) $442,491,000 shall be for Science Laboratories Infrastructure; 18 19 (8) $218,701,940 shall be for Science Program Direction; 20 21 (9) $126,811,272 shall be for Safeguards and Security; and 22 23 (10) $26,889,583 shall be for Workforce Development for Teachers and Scientists. g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00075 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 76 1 (j) FISCAL YEAR 2029.—There are authorized to be 2 appropriated to the Secretary for the Office of Science for 3 fiscal year 2029 $13,170,000,000, of which— 4 5 (1) $4,765,200,000 shall be for Basic Energy Science; 6 7 (2) $1,757,921,586 shall be for High Energy Physics; 8 9 (3) $1,264,627,263 shall be for Biological and Environmental Research; 10 11 (4) $1,237,720,300 shall be for Nuclear Physics; 12 13 (5) $2,058,100,000 shall be for Advanced Scientific Computing Research; 14 15 (6) $1,240,800,000 shall be for Fusion Energy Sciences; 16 17 (7) $465,780,000 shall be for Science Laboratories Infrastructure; 18 19 (8) $223,075,979 shall be for Science Program Direction; 20 21 (9) $129,347,498 shall be for Safeguards and Security; and 22 23 (10) $27,427,374 shall be for Workforce Development for Teachers and Scientists. g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00076 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 77 2 Subtitle B—Advanced Research Projects Agency–Energy 3 SEC. 211. ADVANCED RESEARCH PROJECTS AGENCY–EN- 1 4 5 ERGY. (a) ESTABLISHMENT.—Section 5012(b) of the Amer- 6 ica COMPETES Act (42 U.S.C. 16538(b)) is amended 7 by striking ‘‘development of energy technologies’’ and in8 serting ‘‘development of transformative science and tech9 nology solutions to address energy, environmental, eco10 nomic, and national security challenges’’. 11 (b) GOALS.—Section 5012(c) of the America COM- 12 PETES Act (42 U.S.C. 16538(c)) is amended— 13 14 (1) by striking paragraph (1)(A) and inserting the following: 15 ‘‘(A) to enhance the economic and energy 16 security of the United States through the devel- 17 opment of energy technologies that— 18 ‘‘(i) reduce imports of energy from 19 foreign sources; 20 ‘‘(ii) reduce energy-related emissions, 21 including greenhouse gases; 22 ‘‘(iii) improve the energy efficiency of 23 all economic sectors; g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00077 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 78 1 ‘‘(iv) provide transformative solutions 2 to improve the management, clean-up, and 3 disposal of— 4 ‘‘(I) low-level radioactive waste; 5 ‘‘(II) spent nuclear fuel; and 6 ‘‘(III) high-level radioactive 7 waste; 8 ‘‘(v) improve efficiency and reduce the 9 environmental impact of all forms of en- 10 ergy production; 11 ‘‘(vi) improve the resiliency, reliability, 12 and security of the electric grid; and 13 ‘‘(vii) address other challenges within 14 the mission of the Department as deter- 15 mined by the Secretary; and’’; and 16 (2) in paragraph (2), in the matter preceding 17 subparagraph (A), by striking ‘‘energy technology 18 projects’’ 19 projects’’. 20 (c) RESPONSIBILITIES.—Section 5012(e)(3)(A) of 21 the and America inserting COMPETES ‘‘advanced Act technology (42 U.S.C. 22 16538(e)(3)(A)) is amended by striking ‘‘energy’’. 23 (d) REPORTS AND ROADMAPS.—Section 5012(h) of 24 the America COMPETES Act (42 U.S.C. 16538(h)) is 25 amended to read as follows: g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00078 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 79 1 ‘‘(h) ANNUAL REPORT.— 2 ‘‘(1) IN part of the annual 3 budget request submitted for each fiscal year, the 4 Director shall provide to the relevant authorizing 5 and appropriations committees of Congress a report 6 that— 7 ‘‘(A) 8 describes projects supported by ARPA–E during the previous fiscal year; 9 ‘‘(B) identifies and includes an analysis of 10 projects supported by ARPA–E during the pre- 11 vious fiscal year that demonstrate duplication of 12 other activities funded by the Department; and 13 ‘‘(C) describes current, proposed, and 14 planned projects to be carried out pursuant to 15 subsection (e)(3)(D). 16 ‘‘(2) STRATEGIC VISION ROADMAP.—Beginning 17 with the report submitted with respect to fiscal year 18 2020, and every 4 fiscal years thereafter, the report 19 required under paragraph (1) shall include a road- 20 map describing the strategic vision that ARPA–E 21 will use to guide the choices of ARPA–E for future 22 technology investments over the following 4 fiscal 23 years.’’. g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 GENERAL.—As 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00079 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 80 1 (e) COORDINATION AND NONDUPLICATION.—Section 2 5012(i)(1) of the America COMPETES Act (42 U.S.C. 3 16538(i)(1)) is amended to read as follows: 4 5 ‘‘(1) IN GENERAL.—To the maximum extent practicable, the Director shall ensure that— 6 ‘‘(A) the activities of ARPA–E are coordi- 7 nated with, and do not duplicate the efforts of, 8 programs and laboratories within the Depart- 9 ment and other relevant research agencies; and 10 ‘‘(B) ARPA–E does not provide funding 11 for a project unless the prospective grantee 12 demonstrates sufficient attempts to secure pri- 13 vate financing or indicates that the project is 14 not independently commercially viable.’’. 15 (f) EVALUATION.—Section 5012(l) of the America 16 COMPETES Act (42 U.S.C. 16538(l)) is amended— 17 18 (1) by striking paragraph (1) and inserting the following: 19 ‘‘(1) IN later than 3 years 20 after the date of enactment of the Securing Amer- 21 ican Leadership in Science and Technology Act of 22 2020, the Secretary is authorized to enter into a 23 contract with a third party entity to conduct an eval- 24 uation of how well ARPA–E is achieving the goals 25 and mission of ARPA–E.’’; and g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 GENERAL.—Not 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00080 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 81 1 (2) in paragraph (2)— 2 (A) by striking ‘‘shall’’ and inserting 3 ‘‘may’’; and 4 (B) by striking ‘‘the recommendation of 5 the National Academy of Sciences’’ and insert- 6 ing ‘‘a recommendation’’. 7 (g) AUTHORIZATION OF APPROPRIATIONS.—Para- 8 graph (2) of section 5012(o) of the America COMPETES 9 Act (42 U.S.C. 16538(o)) is amended to read as follows: 10 ‘‘(2) AUTHORIZATION 11 Subject to paragraph (4), there are authorized to be 12 appropriated to the Director for deposit in the Fund 13 without fiscal year limitation— 14 ‘‘(A) $392,800,000 for fiscal year 2020; 15 ‘‘(B) $419,600,000 for fiscal year 2021; 16 ‘‘(C) $446,400,000 for fiscal year 2022; 17 ‘‘(D) $473,200,000 for fiscal year 2023; 18 ‘‘(E) $500,000,000 for fiscal year 2024; 19 ‘‘(F) $600,000,000 for fiscal year 2025; 20 ‘‘(G) $700,000,000 for fiscal year 2026; 21 ‘‘(H) $800,000,000 for fiscal year 2027; 22 ‘‘(I) $900,000,000 for fiscal year 2028; 23 and 24 ‘‘(J) 25 12:48 Jan 28, 2020 $1,000,000,000 for fiscal year 2029.’’. g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 OF APPROPRIATIONS.— Jkt 000000 (753409 11) PO 00000 Frm 00081 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 82 1 (h) AMENDMENTS.—Section TECHNICAL 2 5012(g)(3)(A)(iii) of the America COMPETES Act (42 3 U.S.C. 16538(g)(3)(A)(iii)) is amended by striking ‘‘sub4 part’’ each place it appears and inserting ‘‘subparagraph’’. Subtitle C—DOE Clean Energy Infrastructure 5 6 7 SEC. 221. REGIONAL ENERGY INNOVATION CENTERS. 8 (a) DEFINITIONS.—In this section: 9 10 (1) ADVANCED TECHNOLOGY.—The term ‘‘advanced energy technology’’ means— 11 (A) an innovative technology— 12 (i) that produces energy from solar, 13 wind, geothermal, biomass, tidal, wave, 14 ocean, or other renewable energy resources; 15 (ii) that produces nuclear energy; 16 (iii) for carbon capture and sequestra- 17 tion; 18 (iv) that enables advanced vehicles, 19 vehicle components, and related tech- 20 nologies that result in significant energy 21 savings; 22 (v) that generates, transmits, distrib- 23 utes, uses, or stores energy more efficiently 24 than conventional technologies, including 25 through Smart Grid technologies; or g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 ENERGY 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00082 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 83 1 (vi) that enhances the energy inde- 2 pendence and security of the United States 3 by enabling improved or expanded supply 4 and production of domestic energy re- 5 sources, including coal, oil, and natural 6 gas; 7 (B) a research, development, demonstra- 8 tion, or commercial application activity nec- 9 essary to ensure the long-term, secure, and sus- 10 tainable supply of an energy critical element; or 11 (C) any other innovative energy technology 12 area identified by the Secretary. 13 (2) QUALIFYING 14 fying entity’’ means— term ‘‘quali- 15 (A) an institution of higher education; 16 (B) an appropriate State or Federal entity, 17 including a federally funded research and devel- 18 opment center of the Department; 19 (C) a non-profit research institution; 20 (D) a multi-institutional collaboration; or 21 (E) any other relevant entity the Secretary 22 23 determines appropriate. (b) AUTHORIZATION OF PROGRAM.— 24 (1) IN g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 ENTITY.—The 12:48 Jan 28, 2020 Jkt 000000 GENERAL.— (753409 11) PO 00000 Frm 00083 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 84 1 (A) The Secretary shall carry out a pro- 2 gram to enhance the economic, environmental, 3 and energy security of the United States by es- 4 tablishing and operating Regional Energy Inno- 5 vation Centers in diverse regions of the United 6 States, in order to provide, to the maximum ex- 7 tent practicable, one centralized location for 8 multidisciplinary, collaborative research, devel- 9 opment, and demonstration of advanced energy 10 technologies most suited to commercial applica- 11 tion in each region of the United States. 12 (B) In establishing the centers authorized 13 in subparagraph (A), the Secretary shall con- 14 sider the diverse natural resources available 15 throughout the United States, and maximize 16 the opportunities for cooperation between insti- 17 tutes of higher education, industry, state and 18 local governments, and non-profit research in- 19 stitutions with shared areas of energy expertise. 20 (2) TECHNOLOGY 21 Secretary shall designate for each center a unique 22 advanced energy technology or basic research focus. 23 In establishing focus areas for each center, the Sec- 24 retary shall consider the energy needs, resources, g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 DEVELOPMENT FOCUS.—The 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00084 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 85 1 and expertise available in each region of the United 2 States. 3 (3) COORDINATION.—The Secretary shall en- 4 sure the coordination of, and avoid unnecessary du- 5 plication of, the activities of each center with the ac- 6 tivities of— 7 (A) other research entities of the Depart- 8 ment, including the National Laboratories, the 9 Advanced Research Projects Agency—Energy, 10 Energy Innovation Hubs, and Energy Frontier 11 Research Centers; and 12 (B) industry. 13 (c) APPLICATION PROCESS.— 14 (1) ELIGIBILITY.—To be eligible to receive an 15 award for the establishment and operation of a cen- 16 ter established under subsection (b)(1)(A), a consor- 17 tium shall— 18 (A) be composed of not fewer than two 19 qualifying entities; 20 (B) operate subject to a binding agree- 21 ment, entered into by each member of the con- 22 sortium, that documents— 23 (i) the proposed partnership agree- 24 ment, including the governance and man- 25 agement structure of the center; g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00085 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 86 1 (ii) measures the consortium will un- 2 dertake to enable cost-effective implemen- 3 tation of activities under the program de- 4 scribed in subsection (b)(1); and 5 (iii) a proposed budget, including fi- 6 nancial contributions from non-Federal 7 sources; and 8 (C) operate as a nonprofit organization. 9 (2) SELECTION.—The Secretary shall consider 10 applications from qualifying entities, and select cen- 11 ters authorized under subsection (b)(1)(A) on a 12 competitive, merit-reviewed basis. 13 (3) DURATION.—A center established under 14 this section shall receive support for a period of not 15 more than 5 years, subject to the availability of ap- 16 propriations. 17 (4) RENEWAL.—Upon the expiration of any pe- 18 riod of support of a center under this section, the 19 Director may renew support for the center, on a 20 merit-reviewed basis, for a period of not more than 21 5 years. 22 (5) TERMINATION.—Consistent with the exist- 23 ing authorities of the Department, the Director may 24 terminate an underperforming center for cause dur- 25 ing the performance period. g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00086 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 87 1 (d) CENTER OPERATIONS.— 2 (1) IN GENERAL.—Each 3 provide for multidisciplinary, collaborative research, 4 development, demonstration of advanced energy 5 technologies within the technology development focus 6 designated under subsection (b)(2). 7 (2) ACTIVITIES.—Each center shall— 8 (A) encourage collaboration and commu- 9 nication among the member qualifying entities 10 of the consortium and awardees; 11 (B) develop and make publically available 12 proposed plans and programs; and 13 (C) submit an annual report to the De- 14 partment summarizing the activities of the cen- 15 ter, including— 16 (i) detailing organizational expendi- 17 tures; and 18 (ii) describing each project under- 19 taken by the center. 20 (3) CONFLICTS OF INTEREST.—Each center 21 shall maintain conflict of interest procedures, con- 22 sistent with the conflict of interest procedures of the 23 Department. 24 (4) PROHIBITION g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 center shall conduct or 12:48 Jan 28, 2020 Jkt 000000 ON CONSTRUCTION.— (753409 11) PO 00000 Frm 00087 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 88 1 (A) IN 2 GENERAL.—Except as provided in subparagraph (B)— 3 (i) no funds provided under this sec- 4 tion may be used for construction of new 5 buildings or facilities for centers; and 6 (ii) construction of new buildings or 7 facilities shall not be considered as part of 8 the non-Federal share of a Hub cost-shar- 9 ing agreement. 10 (B) TEST BED AND RENOVATION EXCEP- 11 TION.—Nothing 12 use of funds provided under this section or non- 13 Federal cost share funds for the construction of 14 a test bed or renovations to existing user facili- 15 ties if the Secretary determines such facilities 16 are necessary and applicable to conduct re- 17 search within the focus areas identified for each 18 center. 19 in this paragraph prohibits the SEC. 222. VERSATILE NEUTRON SOURCE. 20 (a) IN GENERAL.—The Secretary of Energy shall 21 construct a versatile reactor-based fast neutron source, 22 which shall operate as a national user facility. The Sec23 retary shall consult with the private sector, universities, 24 National Laboratories, and relevant Federal agencies to 25 ensure that the versatile neutron source is capable of g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00088 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 89 1 meeting Federal research needs for neutron irradiation 2 services. 3 (b) FACILITY CAPABILITIES.— 4 (1) CAPABILITIES.—The Secretary shall ensure 5 that the facility described in subsection (a) will pro- 6 vide, at a minimum, the following capabilities: 7 (A) Fast neutron spectrum irradiation ca- 8 pability. 9 (B) Capacity for upgrades to accommodate 10 new or expanded research needs. 11 (2) CONSIDERATIONS.—In carrying out para- 12 graph (1), the Secretary shall consider the following: 13 (A) Capabilities that support experimental 14 high-temperature testing. 15 (B) Providing a source of fast neutrons at 16 a neutron flux higher than that at which exist- 17 ing research facilities operate, sufficient to en- 18 able research for an optimal base of prospective 19 users. 20 (C) Maximizing irradiation flexibility and 21 irradiation volume to accommodate as many 22 concurrent users as possible. 23 (D) Capabilities for irradiation with neu- 24 trons of a lower energy spectrum. g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00089 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 90 1 (E) Multiple loops for fuels and materials 2 testing of different coolants. 3 (F) Capabilities that support irradiating 4 and processing targets for isotope production. 5 (G) Additional pre-irradiation and post-ir- 6 radiation examination capabilities. 7 (H) Lifetime operating costs and lifecycle 8 costs. 9 (c) START OF OPERATIONS.—The Secretary shall, to 10 the maximum extent practicable, ensure that the start of 11 full operations of the facility under this section occurs be12 fore December 31, 2025. 13 (d) FUNDING.—There are authorized to be appro- 14 priated to the Secretary for the Office of Nuclear Energy 15 to carry out to completion the construction of the facility 16 under this section— 17 (1) $200,000,000 for fiscal year 2020; 18 (2) $260,000,000 for fiscal year 2021; 19 (3) $340,000,000 for fiscal year 2022; 20 (4) $350,000,000 for fiscal year 2023; 21 (5) $350,000,000 for fiscal year 2024; 22 (6) $350,000,000 for fiscal year 2025; 23 (7) $200,000,000 for fiscal year 2026; 24 (8) $150,000,000 for fiscal year 2027; 25 (9) $100,000,000 for fiscal year 2028; and g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00090 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 91 1 (10) $50,000,000 for fiscal year 2029. 2 SEC. 223. CARBON UTILIZATION RESEARCH AND DEVELOP- 3 4 MENT INFRASTRUCTURE. (a) IN GENERAL.—The Secretary shall carry out a 5 program to conduct basic and fundamental research in 6 materials science, chemistry, subsurface instrumentation, 7 and data analysis to inform the research, development, 8 and demonstration of carbon capture, storage, and utiliza9 tion technologies and techniques, and to facilitate the 10 translation of basic research results to industry. 11 (b) COORDINATION.—In carrying out program under 12 subsection (a), the Secretary shall leverage expertise and 13 resources and facilitate collaboration and coordination be14 tween— 15 (1) the Office of Fossil Energy; and 16 (2) the Office of Science. 17 (c) CARBON UTILIZATION ENERGY INNOVATION 18 HUB.—In carrying out the program under subsection (a), 19 the Secretary shall establish and operate a national Car20 bon Utilization Energy Innovation Hub (referred to in this 21 section as the ‘‘Hub’’), which shall focus on early stage 22 research and development activities including— 23 24 (1) post-combustion and pre-combustion capture of carbon dioxide; g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00091 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 92 1 (2) advanced compression technologies for new 2 and existing fossil fuel-fired power plants; 3 (3) technologies to convert carbon dioxide to 4 valuable products and commodities; and 5 (4) advanced carbon dioxide storage tech- 6 nologies that consider a range of storage regimes. 7 (d) SELECTION.—The Secretary shall select the Hub 8 under this section on a competitive, merit-reviewed basis. 9 The Secretary shall consider applications from National 10 Laboratories, institutions of higher education, multi-insti11 tutional collaborations, and other appropriate entities. 12 (e) DURATION.—The Hub established under this sec- 13 tion shall receive support for a period of not more than 14 5 years, subject to the availability of appropriations. 15 (f) RENEWAL.—Upon the expiration of any period of 16 support of the Hub, the Secretary may renew support for 17 the Hub, on a merit-reviewed basis, for a period of not 18 more than 5 years. 19 (g) TERMINATION.—Consistent with the existing au- 20 thorities of the Department, the Secretary may terminate 21 the Hub for cause during the performance period. 22 SEC. 224. FRONTIER OBSERVATORY FOR RESEARCH IN 23 24 GEOTHERMAL ENERGY. (a) IN GENERAL.—The Secretary shall support the 25 establishment and construction of up to 3 field research g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00092 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 93 1 sites operated by public or academic entities, which shall 2 each be known as a ‘‘Frontier Observatory for Research 3 in Geothermal Energy’’ or ‘‘FORGE’’ site to develop, test, 4 and enhance techniques and tools for enhanced geothermal 5 energy. 6 (b) DUTIES.—The Secretary shall— 7 (1) award grants in support of research and de- 8 velopment projects focused on advanced monitoring 9 technologies, new technologies and approaches for 10 implementing multi-zone stimulations, and dynamic 11 reservoir modeling that incorporates all available 12 high-fidelity characterization data; and 13 (2) seek opportunities to coordinate efforts and 14 share information with domestic and international 15 partners engaged in research and development of 16 geothermal systems and related technology. 17 (c) SITE SELECTION.—Of the FORGE sites referred 18 to in subsection (a), the Secretary shall— 19 (1) consider applications through a competitive, 20 merit-reviewed process, from National Laboratories, 21 multi-institutional collaborations, institutes of higher 22 education and other appropriate entities best suited 23 to provide national leadership on geothermal related 24 issues and perform the duties enumerated under 25 subsection (b); and g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00093 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 94 1 (2) prioritize existing field sites and facilities 2 with capabilities relevant to the duties enumerated 3 under subsection (b). 4 (d) FUNDING.—There is authorized to be appro- 5 priated to the Secretary to carry out the FORGE activities 6 under this section— 7 (1) $45,000,000 for fiscal year 2020; 8 (2) $55,000,000 for fiscal year 2021; 9 (3) $65,000,000 for fiscal year 2022; 10 (4) $70,000,000 for fiscal year 2023; 11 (5) $70,000,000 for fiscal year 2024; 12 (6) $70,000,000 for fiscal year 2025; 13 (7) $70,000,000 for fiscal year 2026; 14 (8) $70,000,000 for fiscal year 2027; 15 (9) $70,000,000 for fiscal year 2028; and 16 (10) $70,000,000 for fiscal year 2029. 17 (e) PORTFOLIO BALANCE.—In carrying out this sec- 18 tion, the Secretary shall consider the balance between 19 funds dedicated to construction and operations and re20 search activities to reflect the state of site development. 21 SEC. 225. ADVANCED ENERGY STORAGE INITIATIVE. 22 (a) IN GENERAL.—The Secretary shall carry out a 23 research initiative to be known as the ‘‘Advanced Energy 24 Storage Initiative’’ (referred to in this section as the ‘‘Ini25 tiative’’) to support and accelerate the research, develop- g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00094 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 95 1 ment, and demonstration of advanced energy storage tech2 nologies, in order to— 3 (1) support basic research in capabilities that 4 enable temporal flexibility in the conversion of en- 5 ergy resources to useful energy services; 6 7 (2) inform the development of a broad range of energy storage systems; and 8 9 10 (3) facilitate the translation of basic research results in energy storage to industry. (b) LEVERAGING.—In carrying out programs and ac- 11 tivities under the Initiative, the Secretary shall leverage 12 expertise and resources and facilitate collaboration be13 tween— 14 (1) the Office of Electricity; 15 (2) the Office of Energy Efficiency and Renew- 16 able Energy; 17 (3) the Office of Fossil Energy; 18 (4) the Office of Nuclear Energy; and 19 (5) the Basic Energy Sciences Program and 20 Advanced Scientific Computing Program of the Of- 21 fice of Science. 22 The Secretary may organize additional activities under 23 this subsection through Energy Frontier Research Cen24 ters, Energy Innovation Hubs, or cross-cutting research 25 programs. g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00095 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 96 1 2 (c) GRID SCALE ENERGY STORAGE USER FACILITIES.—Not later than 180 days after the date of enact- 3 ment of this Act, the Secretary shall transmit to the Com4 mittee on Science, Space, and Technology of the House 5 of Representatives and the Committee on Energy and 6 Natural Resources of the Senate a 4-year research plan 7 that identifies and prioritizes basic research needs relating 8 to the development, construction, operation, and mainte9 nance of grid scale energy storage technology demonstra10 tion projects, which shall operate as national user facili11 ties. 12 SEC. 226. CRITICAL INFRASTRUCTURE RESEARCH AND 13 14 CONSTRUCTION. (a) IN GENERAL.—The Secretary shall carry out a 15 program of fundamental research, development, and early16 stage demonstration of innovative engineered systems and 17 tools to help ensure the resilience and security of critical 18 integrated grid infrastructures. 19 (b) COORDINATION.—In carrying out the program 20 under subsection (a), the Secretary shall leverage expertise 21 and resources and facilitate collaboration and coordination 22 between— 23 (1) the Office of Electricity; 24 (2) the Office of Cybersecurity, Energy Secu- 25 rity, and Emergency Response; g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00096 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 97 1 (3) the Office of Science; 2 (4) the Department of Defense; and 3 (5) the Department of Homeland Security. 4 (c) CRITICAL INFRASTRUCTURE TEST RANGE.—In 5 carrying out the program under subsection (a), the Sec6 retary shall establish and operate a Critical Infrastructure 7 Test Range (referred to in this section as the ‘‘Test 8 Range’’) that allows for scalable physical and cyber per9 formance testing to be conducted on industry-scale infra10 structure systems. This facility shall include a focus on— 11 (1) cyber security test beds; and 12 (2) electric grid test beds. 13 (d) SELECTION.—The Secretary shall select the Test 14 Range under this section on a competitive, merit-reviewed 15 basis. The Secretary shall consider applications from Na16 tional Laboratories, institutions of higher education, 17 multi-institutional collaborations, and other appropriate 18 entities. 19 (e) DURATION.—The Test Range established under 20 this section shall receive support for a period of not more 21 than 5 years, subject to the availability of appropriations. 22 (f) RENEWAL.—Upon the expiration of any period of 23 support of the Test Range, the Secretary may renew sup24 port for the Test Range, on a merit-reviewed basis, for 25 a period of not more than 5 years. g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00097 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 98 1 (g) TERMINATION.—Consistent with the existing au- 2 thorities of the Department, the Secretary may terminate 3 the Test Range for cause during the performance period. 6 TITLE III—NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY 7 SEC. 301. FINDINGS. 4 5 8 Congress finds the following: 9 (1) The Nation Institute of Standards and 10 Technology (NIST) promotes United States innova- 11 tion and industrial competitiveness by advancing 12 measurement science, standards and technology in 13 ways that enhance economic security and improve 14 Americans’ quality of life. 15 (2) NIST’s leadership in a broad range of cut- 16 ting-edge scientific endeavors including but not lim- 17 ited to quantum science and engineering, cybersecu- 18 rity, biologics, artificial intelligence (AI), machine 19 learning, additive manufacturing, disaster resilience, 20 and international standards development is critical 21 to America’s leadership in the industries of the fu- 22 ture. 23 (3) NIST’s role as the Nation’s laboratory for 24 industry is critical to maintaining the economic and 25 national security of the United States. g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00098 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 99 1 SEC. 302. AUTHORIZATION OF APPROPRIATIONS. 2 (a) FISCAL YEAR 2020.— 3 (1) IN are authorized to be 4 appropriated 5 $1,034,000,000 for the National Institute of Stand- 6 ards and Technology for fiscal year 2020. 7 8 to the (2) SPECIFIC Secretary of ALLOCATIONS.—Of Commerce the amount authorized by paragraph (1)— 9 (A) $754,000,000 shall be for scientific 10 and technical research and services laboratory 11 activities, of which $9,000,000 may be trans- 12 ferred to the Working Capital Fund; 13 (B) $118,000,000 shall be for the con- 14 struction and maintenance of facilities, of which 15 $75,000,000 shall be for Safety, Capacity, 16 Maintenance, and Major Repairs; and 17 (C) $162,000,000 shall be for industrial 18 technology 19 $146,000,000 shall be for the Manufacturing 20 Extension Partnership program under sections 21 25 and 26 of the National Institute of Stand- 22 ards and Technology Act (15 U.S.C. 278k and 23 278l) and $16,000,000 shall be for the Network 24 for Manufacturing Innovation Program under 25 section 34 of the National Institute of Stand- 26 ards and Technology Act (15 U.S.C. 278s). g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 GENERAL.—There 12:48 Jan 28, 2020 Jkt 000000 services activities, of which (753409 11) PO 00000 Frm 00099 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 100 1 (b) FISCAL YEAR 2021.— 2 (1) IN are authorized to be 3 appropriated 4 $1,240,400,000 for the National Institute of Stand- 5 ards and Technology for fiscal year 2021. 6 7 to the (2) SPECIFIC Secretary of ALLOCATIONS.—Of Commerce the amount authorized by paragraph (1)— 8 (A) $869,400,000 shall be for scientific 9 and technical research and services laboratory 10 activities, of which $10,800,000 may be trans- 11 ferred to the Working Capital Fund; 12 (B) $200,000,000 shall be for the con- 13 struction and maintenance of facilities, of which 14 $120,000,000 shall be for Safety, Capacity, 15 Maintenance, and Major Repairs, including 16 $20,000,000 for IT infrastructure; and 17 (C) $171,000,000 shall be for industrial 18 technology 19 $146,000,000 shall be for the Manufacturing 20 Extension Partnership program under sections 21 25 and 26 of the National Institute of Stand- 22 ards and Technology Act (15 U.S.C. 278k and 23 278I) and $25,000,000 shall be for the Net- 24 work for Manufacturing Innovation Program 25 under section 34 of the National Institute of g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 GENERAL.—There 12:48 Jan 28, 2020 Jkt 000000 services activities, of which (753409 11) PO 00000 Frm 00100 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 101 1 Standards and Technology Act (15 U.S.C. 2 278s). 3 (c) FISCAL YEAR 2022.— 4 (1) IN are authorized to be 5 appropriated 6 $1,315,250,000 for the National Institute of Stand- 7 ards and Technology for fiscal year 2022. 8 9 to the (2) SPECIFIC Secretary of ALLOCATIONS.—Of Commerce the amount authorized by paragraph (1)— 10 (A) $941,850,000 shall be for scientific 11 and technical research and services laboratory 12 activities, of which $11,700,000 may be trans- 13 ferred to the Working Capital Fund; 14 (B) $200,000,000 shall be for the con- 15 struction and maintenance of facilities, of which 16 $120,000,000 shall be for Safety, Capacity, 17 Maintenance, and Major Repairs, including 18 $20,000,000 for IT infrastructure; and 19 (C) $173,400,000 shall be for industrial 20 technology 21 $148,400,000 shall be for the Manufacturing 22 Extension Partnership program under sections 23 25 and 26 of the National Institute of Stand- 24 ards and Technology Act (15 U.S.C. 278k and 25 278I) and $25,000,000 shall be for the Net- g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 GENERAL.—There 12:48 Jan 28, 2020 Jkt 000000 services activities, of which (753409 11) PO 00000 Frm 00101 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 102 1 work for Manufacturing Innovation Program 2 under section 34 of the National Institute of 3 Standards and Technology Act (15 U.S.C. 4 278s). 5 (d) FISCAL YEAR 2023.— 6 (1) IN are authorized to be 7 appropriated 8 $1,390,500,000 for the National Institute of Stand- 9 ards and Technology for fiscal year 2023. 10 11 to the (2) SPECIFIC Secretary of ALLOCATIONS.—Of Commerce the amount authorized by paragraph (1)— 12 (A) $1,014,300,000 shall be for scientific 13 and technical research and services laboratory 14 activities, of which $12,600,000 may be trans- 15 ferred to the Working Capital Fund; 16 (B) $200,000,000 shall be for the con- 17 struction and maintenance of facilities of which 18 $120,000,000 shall be for Safety, Capacity, 19 Maintenance, and Major Repairs, including 20 $10,000,000 for IT infrastructure; and 21 (C) $176,200,000 shall be for industrial 22 technology 23 $151,200,000 shall be for the Manufacturing 24 Extension Partnership program under sections 25 25 and 26 of the National Institute of Stand- g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 GENERAL.—There 12:48 Jan 28, 2020 Jkt 000000 services activities, of which (753409 11) PO 00000 Frm 00102 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 103 1 ards and Technology Act (15 U.S.C. 278k and 2 278I) and $25,000,000 shall be for the Net- 3 work for Manufacturing Innovation Program 4 under section 34 of the National Institute of 5 Standards and Technology Act (15 U.S.C. 6 278s). 7 (e) FISCAL YEAR 2024.— 8 9 (1) IN appropriated to the are authorized to be Secretary of Commerce 10 $1,465,750,000 for the National Institute of Stand- 11 ards and Technology for fiscal year 2024. 12 13 (2) SPECIFIC ALLOCATIONS.—Of the amount authorized by paragraph (1)— 14 (A) $1,086,750,000 shall be for scientific 15 and technical research and services laboratory 16 activities, of which $13,500,000 may be trans- 17 ferred to the Working Capital Fund; 18 (B) $200,000,000 shall be for the con- 19 struction and maintenance of facilities, of which 20 $120,000,000 shall be for Safety, Capacity, 21 Maintenance, and Major Repairs, including 22 $10,000,000 for IT infrastructure; and 23 (C) $179,000,000 shall be for industrial 24 technology 25 $154,000,000 shall be for the Manufacturing g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 GENERAL.—There 12:48 Jan 28, 2020 Jkt 000000 services activities, of which (753409 11) PO 00000 Frm 00103 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 104 1 Extension Partnership program under sections 2 25 and 26 of the National Institute of Stand- 3 ards and Technology Act (15 U.S.C. 278k and 4 278I) and $25,000,000 shall be for the Net- 5 work for Manufacturing Innovation Program 6 under section 34 of the National Institute of 7 Standards and Technology Act (15 U.S.C. 8 278s). 9 (f) FISCAL YEAR 2025.— 10 (1) IN are authorized to be 11 appropriated 12 $1,541,000,000 for the National Institute of Stand- 13 ards and Technology for fiscal year 2025. 14 15 to (2) SPECIFIC the Secretary of ALLOCATIONS.—Of Commerce the amount authorized by paragraph (1)— 16 (A) $1,159,200,000 shall be for scientific 17 and technical research and services laboratory 18 activities, of which $14,400,000 may be trans- 19 ferred to the Working Capital Fund; 20 (B) $200,000,000 shall be for the con- 21 struction and maintenance of facilities, of which 22 $120,000,000 shall be for Safety, Capacity, 23 Maintenance, and Major Repairs, including 24 $10,000,000 for IT infrastructure; and g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 GENERAL.—There 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00104 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 105 1 (C) $181,800,000 shall be for industrial 2 technology 3 $156,800,000 shall be for the Manufacturing 4 Extension Partnership program under sections 5 25 and 26 of the National Institute of Stand- 6 ards and Technology Act (15 U.S.C. 278k and 7 278I) and $25,000,000 shall be for the Net- 8 work for Manufacturing Innovation Program 9 under section 34 of the National Institute of 10 Standards and Technology Act (15 U.S.C. 11 278s). 12 activities, of which (g) FISCAL YEAR 2026.— 13 (1) IN GENERAL.—There are authorized to be 14 appropriated 15 $1,616,250,000 for the National Institute of Stand- 16 ards and Technology for fiscal year 2026. 17 18 to (2) SPECIFIC the Secretary of ALLOCATIONS.—Of Commerce the amount authorized by paragraph (1)— 19 (A) $1,213,650,000 shall be for scientific 20 and technical research and services laboratory 21 activities, of which $15,300,000 may be trans- 22 ferred to the Working Capital Fund; 23 (B) $200,000,000 shall be for the con- 24 struction and maintenance of facilities, of which 25 $120,000,000 shall be for Safety, Capacity, g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 services 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00105 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 106 1 Maintenance, and Major Repairs, including 2 $10,000,000 for IT infrastructure; and 3 (C) $184,600,000 shall be for industrial 4 technology 5 $159,600,000 shall be for the Manufacturing 6 Extension Partnership program under sections 7 25 and 26 of the National Institute of Stand- 8 ards and Technology Act (15 U.S.C. 278k and 9 278I) and $25,000,000 shall be for the Net- 10 work for Manufacturing Innovation Program 11 under section 34 of the National Institute of 12 Standards and Technology Act (15 U.S.C. 13 278s). 14 activities, of which (h) FISCAL YEAR 2027.— 15 (1) IN GENERAL.—There are authorized to be 16 appropriated 17 $1,691,500,000 for the National Institute of Stand- 18 ards and Technology for fiscal year 2027. 19 20 to (2) SPECIFIC the Secretary of ALLOCATIONS.—Of Commerce the amount authorized by paragraph (1)— 21 (A) $1,304,100,000 shall be for scientific 22 and technical research and services laboratory 23 activities, of which $16,200,000 may be trans- 24 ferred to the Working Capital Fund; g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 services 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00106 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 107 1 (B) $200,000,000 shall be for the con- 2 struction and maintenance of facilities, of which 3 $120,000,000 shall be for Safety, Capacity, 4 Maintenance, and Major Repairs, including 5 $10,000,000 for IT infrastructure; and 6 (C) $187,400,000 shall be for industrial 7 technology 8 $162,400,000 shall be for the Manufacturing 9 Extension Partnership program under sections 10 25 and 26 of the National Institute of Stand- 11 ards and Technology Act (15 U.S.C. 278k and 12 278I) and $25,000,000 shall be for the Net- 13 work for Manufacturing Innovation Program 14 under section 34 of the National Institute of 15 Standards and Technology Act (15 U.S.C. 16 278s). 17 activities, of which (i) FISCAL YEAR 2028.— 18 (1) IN GENERAL.—There are authorized to be 19 appropriated 20 $1,766,750,000 for the National Institute of Stand- 21 ards and Technology for fiscal year 2028. 22 23 to (2) SPECIFIC the Secretary of ALLOCATIONS.—Of Commerce the amount authorized by paragraph (1)— 24 (A) $1,376,550,000 shall be for scientific 25 and technical research and services laboratory g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 services 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00107 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 108 1 activities, of which $17,100,000 may be trans- 2 ferred to the Working Capital Fund; 3 (B) $200,000,000 shall be for the con- 4 struction and maintenance of facilities, of which 5 $120,000,000 shall be for Safety, Capacity, 6 Maintenance, and Major Repairs, including 7 $10,000,000 for IT infrastructure; and 8 (C) $190,200,000 shall be for industrial 9 technology activities, of which 10 $165,200,000 shall be for the Manufacturing 11 Extension Partnership program under sections 12 25 and 26 of the National Institute of Stand- 13 ards and Technology Act (15 U.S.C. 278k and 14 278I) and $25,000,000 shall be for the Net- 15 work for Manufacturing Innovation Program 16 under section 34 of the National Institute of 17 Standards and Technology Act (15 U.S.C. 18 278s). 19 (j) FISCAL YEAR 2029.— 20 (1) IN GENERAL.—There are authorized to be 21 appropriated 22 $1,842,000,000 for the National Institute of Stand- 23 ards and Technology for fiscal year 2029. 24 25 12:48 Jan 28, 2020 to (2) SPECIFIC the Secretary of ALLOCATIONS.—Of Commerce the amount authorized by paragraph (1)— g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 services Jkt 000000 (753409 11) PO 00000 Frm 00108 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 109 1 (A) $1,449,000,000 shall be for scientific 2 and technical research and services laboratory 3 activities, of which $18,000,000 may be trans- 4 ferred to the Working Capital Fund; 5 (B) $200,000,000 shall be for the con- 6 struction and maintenance of facilities, of which 7 $120,000,000 shall be for Safety, Capacity, 8 Maintenance, and Major Repairs, including 9 $10,000,000 for IT infrastructure; and 10 (C) $193,000,000 shall be for industrial 11 technology 12 $168,000,000 shall be for the Manufacturing 13 Extension Partnership program under sections 14 25 and 26 of the National Institute of Stand- 15 ards and Technology Act (15 U.S.C. 278k and 16 278I) and $25,000,000 shall be for the Net- 17 work for Manufacturing Innovation Program 18 under section 34 of the National Institute of 19 Standards and Technology Act (15 U.S.C. 20 278s). 21 services activities, of which SEC. 303. NIST FACILITIES MODERNIZATION FUND. 22 (a) ESTABLISHMENT.—There is established in the 23 Treasury of the United States a fund to be known as the 24 ‘‘NIST Facilities Modernization Fund’’ (hereafter in this 25 section referred to as the ‘‘Fund’’). g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00109 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 110 1 (b) USE OF FUNDS.—Amounts in the Fund shall be 2 available to Secretary, acting through the Director, for 3 Capital Projects on the National Institute of Standards 4 and Technology’s campuses for the modernization and 5 construction of research facilities needed to conduct lead6 ing edge scientific and technical research. 7 (c) CONTENTS OF FUND.—The Funds shall consist 8 of the following amounts: 9 (1) Such amounts as may be appropriated by 10 law. 11 (2) Interest earned on the balance of the Fund. 12 (d) AUTHORIZATION OF FUNDS.—Of the funds au- 13 thorized to be appropriated in section 302 of this Act for 14 the construction and maintenance of facilities, 15 $80,000,000 for each of the fiscal years 2021 through 16 2029 shall be provided for the Fund established in sub17 section (a). 18 (e) CONTINUING AVAILABILITY OF FUNDS.— 19 Amounts in the Fund are available without regard to fiscal 20 year limitation. 21 (f) NOTIFICATION TO COMMITTEES.—Upon making 22 any obligation or expenditure of any amount in the Fund, 23 the Secretary, through the Director, shall notify the House 24 of Representatives’ Science, Space, and Technology Com25 mittee, the Senate Committee on Commerce, Science, and g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00110 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 111 1 Transportation, the Committee on Appropriations of the 2 House of Representatives and the Committee on Appro3 priations of the Senate of the amount and purpose of the 4 obligation or expenditure. 5 6 (g) NIST FACILITIES MODERNIZATION TENANCE 7 MAIN- PLAN.— (1) IN GENERAL.—To carry out the program 8 authorized in subsection (a), the Secretary, acting 9 through the Director, shall develop and submit to 10 Congress a 5-year modernization and maintenance 11 plan for the National Institute of Standards and 12 Technology’s campuses. 13 (2) TIMING.—The modernization and mainte- 14 nance plan required in paragraph (1) shall be sub- 15 mitted to Congress within 30 days of enactment of 16 this Act, and updated on an annual basis. 17 18 (3) PLAN ELEMENTS.—The Plan required in paragraph (1) shall include the following: 19 (A) A list of Capitol Construction Projects 20 expected to be undertaken in the next 5 years, 21 the core capabilities these facilities will provide, 22 anticipated schedule of construction, and antici- 23 pated funding requirements. 24 (B) A list of planned utility infrastructure 25 projects expected to be undertaken in the next g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 AND 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00111 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 112 1 5 years, anticipated schedule of construction, 2 and anticipated funding requirements. 3 (C) A list of planned IT infrastructure 4 projects expected to be undertaken in the next 5 5 years, anticipated schedule of construction, 6 and anticipated funding requirements. 7 (D) A list of the deferred maintenance, a 8 list of deferred maintenance projects expected 9 to be undertaken in the next 5 years, antici- 10 pated schedule of construction, anticipated 11 funding requirements, and an evaluation of 12 progress made in reducing the deferred mainte- 13 nance backlog. 14 SEC. 304. QUANTUM INFORMATION SCIENCE. 15 The Director shall— 16 (1) continue to support and expand basic quan- 17 tum information science and technology research 18 and development of measurement and standards in- 19 frastructure necessary to advance commercial devel- 20 opment of quantum applications; 21 (2) use its existing programs, in collaboration 22 with other agencies, as appropriate, to train sci- 23 entists in quantum information science and tech- 24 nology to increase participation in the quantum 25 fields; and g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00112 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 113 1 (3) establish or expand collaborative ventures or 2 consortia with other public or private sector entities, 3 including other Federal agencies engaged in quan- 4 tum information science research and development, 5 academia, National Laboratories, and industry for 6 the purpose of advancing the field of quantum infor- 7 mation science and engineering. 8 SEC. 305. CYBERSECURITY RESEARCH. 9 (a) RESEARCH.—The Secretary, acting through the 10 Director, shall expand the fundamental and applied re11 search carried out by the Institute to address key ques12 tions relating the measurement of privacy, security, and 13 vulnerability of software tools and communications net14 works, including through— 15 (1) the development of research and engineering 16 capabilities to provide practical solutions, including 17 measurement techniques and engineering toolkits, to 18 solve cybersecurity challenges such as human fac- 19 tors, identity management, network security, pri- 20 vacy, and software; 21 (2) investment in tools to help private and pub- 22 lic sector organizations, including institutions of 23 higher education and research organizations, meas- 24 ure and manage cybersecurity risks and ensure g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00113 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 114 1 workforce preparedness for new cybersecurity chal- 2 lenges; and 3 (3) investment in programs to prepare the 4 United 5 encryption technologies to apply to emerging tech- 6 nologies such as artificial intelligence, the internet of 7 things, and quantum computing. 8 (b) ASSISTANCE States with TO strong cybersecurity and FEDERAL AGENCIES.—The Di- 9 rector shall enhance and expand the Institute’s guidance 10 and assistance to Federal Agencies to help agencies effec11 tively implement the Framework for Improving Critical 12 Infrastructure Cybersecurity, including— 13 14 (1) technical guidance on the requirements in Executive Order; 15 (2) technical guidance and education and train- 16 ing of agency staff responsible for cyber security, 17 consultative services, and other assistance at indi- 18 vidual Federal agencies; and 19 (3) technical guidance and education and train- 20 ing of individual Federal agency Inspectors General 21 and staff who are responsible for the annual inde- 22 pendent evaluation they are required to perform of 23 the information security program and practices of 24 Federal Agencies under section 3555 of title 44, 25 United States Code. g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00114 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 115 1 (c) REPORT.—The Director shall provide the House 2 Science, Space and Technology Committee and Senate 3 Committee on Commerce, Science and Transportation a 4 report, not later than 12 months after the date of the en5 actment of this Act, describing how the National Institute 6 of Standards and Technology carried out the activities de7 scribed in subsection (b) in as much detail as possible, 8 including identification of agencies assisted and the types 9 of consultative services, education, guidance, assistance, 10 and training provided to individual agencies and Inspec11 tors General. 12 SEC. 306. ARTIFICIAL INTELLIGENCE AND DATA SCIENCE. 13 The Secretary, acting through the Director, shall con- 14 tinue to support the development of artificial intelligence 15 and data science, including through— 16 (1) the expansion of the Institute’s capabilities, 17 including scientific staff and research infrastructure; 18 (2) the implementation of rigorous scientific 19 testing to support the development of trustworthy 20 and safe artificial intelligence and data systems; 21 (3) the development of machine learning and 22 other artificial intelligence applications to support 23 measurement science research programs and take 24 steps to modernize the Institute’s research infra- 25 structure; and g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00115 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 116 1 (4) the development and publication of new cy- 2 bersecurity tools, encryption methods, and best prac- 3 tices for artificial intelligence and data science. 4 SEC. 307. INTERNET OF THINGS. 5 The Secretary, acting through the Director, shall con- 6 tinue to conduct research with respect to and support the 7 expanded connectivity, interoperability, and security of 8 interconnected systems and other aspects of the internet 9 of things, including through— 10 (1) the development of new tools and meth- 11 odologies for cybersecurity of the internet of things; 12 (2) the development of technologies to address 13 network congestion and device interference, such as 14 the development of testing tools for next generation 15 wireless communications, internet of things proto- 16 cols, coexistence of wireless communications systems, 17 and spectrum sharing; 18 (3) convening experts in the public and private 19 sectors to develop recommendations for accelerating 20 the adoption of sound interoperability standards, 21 guidelines, and best practices for the internet of 22 things; and 23 (4) the development and publication of new cy- 24 bersecurity tools, encryption methods, and best prac- 25 tices for internet of things security. g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00116 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 117 1 SEC. 308. COMPOSITES RESEARCH. 2 (a) RESEARCH.—The Secretary, acting through the 3 Director, shall implement the recommendations contained 4 in the December 2017 report entitled ‘‘Road Mapping 5 Workshop Report on Overcoming Barriers to Adoption of 6 Composites in Sustainable Infrastructure’’, as appro7 priate, to help facilitate the adoption of composite tech8 nology in infrastructure in the United States. In imple9 menting such recommendations, the Secretary, acting 10 through the Director shall, with respect to the use of com11 posite technology in infrastructure— 12 (1) not later than 6 months after the date of 13 enactment of this Act, initiate the establishment of 14 a design data clearinghouse to identify, gather, vali- 15 date, and disseminate existing design criteria, tools, 16 guidelines, and standards; and 17 (2) develop methods and resources required for 18 testing an evaluation of safe and appropriate uses of 19 composite materials for infrastructure, including— 20 (A) conditioning protocols, procedures and 21 models; 22 (B) screening and acceptance tools; and 23 (C) minimum allowable design data sets 24 25 that can be converted into design tools. (b) STANDARDS COORDINATION.—The Secretary, 26 acting through the Director, shall assure that the approg:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00117 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 118 1 priate Institute staff consult regularly with standards de2 velopers, members of the composites industry, institutions 3 of higher education, and other stakeholders in order to fa4 cilitate the adoption of standards for use of composite ma5 terials in infrastructure that are based on the research and 6 testing results and other information developed by the In7 stitute. 8 SEC. 309. ENABLING THE FUTURE BIOECONOMY. 9 The Secretary, acting through the Director, shall con- 10 tinue to support the research and development of engi11 neering biology, including through— 12 (1) building up NIST’s core capabilities in 13 measurement science supporting synthetic biology by 14 investing in foundational measurement tools; 15 (2) delivering the necessary measurement meth- 16 ods, standards and related services required to im- 17 part confidence in emerging engineering biology ca- 18 pabilities; and 19 (3) developing and evaluating computation tools 20 in order to develop and deploy predictive models that 21 will ink biological blueprints with biological out- 22 comes. 23 SEC. 310. INTERNATIONAL STANDARDS DEVELOPMENT. 24 (a) FINDINGS.—Congress finds the following: g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00118 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 119 1 (1) Widespread use of standards facilitates 2 technology advancement by defining and establishing 3 common foundations for product differentiation, 4 technological innovation, and other value-added serv- 5 ices. 6 7 (2) Standards also promote an expanded, more interoperable, and efficient marketplace. 8 (2) Global cooperation and coordination on 9 standards for emerging technologies will be critical 10 for having a consistent set of rules to enable market 11 competition, preclude barriers to trade, and allow in- 12 novation to flourish. 13 (3) United States position on standardization in 14 emerging technologies will be critical to United 15 States economic competitiveness. 16 (4) NIST is in a unique position to strengthen 17 United States leadership in standards development, 18 particularly for emerging technologies, to ensure 19 continuing United States economic competitiveness 20 and national security. 21 (b) SENSE OF CONGRESS.—It is the sense of Con- 22 gress that— 23 (1) While United States experts have histori- 24 cally been leaders in international standards develop- g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00119 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 120 1 ment activities, there is concern that the United 2 States is losing its edge. 3 (2) Strengthening the unique United States 4 public-private partnerships approach to standards 5 development is critical to United States economic 6 competitiveness. 7 (3) The United States Government should en- 8 sure cooperation and coordination across Federal 9 agencies and partner with private sector stake- 10 holders to continue to shape international dialogues 11 in regard to standards development for emerging 12 technologies. 13 (c) RESEARCH ACTIVITIES AND ENGAGEMENT.—The 14 Secretary, acting through the Director, shall— 15 (1) build capacity and training opportunities to 16 help create a pipeline of talent and leadership in key 17 standards development positions, including stand- 18 ards education and training related activities tar- 19 geted at integrating standards content into under- 20 graduate and graduate curricula in science, engi- 21 neering, business, public policy, and law; 22 (2) partner with private sector entities to sup- 23 port strategically increased engagement and leader- 24 ship in the development of international standards 25 for g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 12:48 Jan 28, 2020 Jkt 000000 digital economy technologies, including (753409 11) PO 00000 Frm 00120 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 121 1 partnering with industry to incentivize private sector 2 partners to develop standards strategies and support 3 engagement and participation in the relevant stand- 4 ards activities; and 5 (3) develop approaches to prioritize standard- 6 ization for emerging technologies, identify organiza- 7 tion in which to develop these standards, identify 8 leadership positions of interest to the United States, 9 and identify key contributors for technical and lead- 10 11 ership expertise in these areas. SEC. 311. REVIEW OF THE CENTER FOR NEUTRON RE- 12 13 SEARCH. Not later than 1 year after the date of enactment 14 of this Act, the Comptroller of the United States shall con15 duct an evaluation of NIST’s Center for Neutron Re16 search, including the following: 17 (1) An assessment of what progress NIST has 18 made in planning for the future of the Center for 19 Neutron Research’s nuclear reactor since the release 20 of the 2018 National Academies report, and what 21 steps NIST has taken to implement the Academies 22 report; 23 24 (2) An analysis of the extent to which NIST’s planning efforts align with leading practices; g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00121 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 122 1 (3) An assessment of the extent to which NIST 2 has worked with the Department of Energy to iden- 3 tify the scientific community’s long-term needs for 4 neutron research facilities and discuss the coordina- 5 tion of future facilities, and how these agencies are 6 factoring these needs into their decision-making 7 process; and 8 (4) Recommendations for NIST and the De- 9 partment of Energy on how best to continue to sup- 10 11 port civilian nuclear research reactors. SEC. 312. HIRING AND MANAGEMENT. 12 (a) DIRECT HIRE AUTHORITY.—The Secretary, act- 13 ing through the Director, may— 14 (1) appoint, without regard to the provisions of 15 subchapter I of chapter 33 of title 5, United States 16 Code (other than sections 3303, 3328, and 3330e of 17 such chapter), qualified candidates to scientific, en- 18 gineering, and professional positions for carrying out 19 research and development functions which require 20 the services of specially qualified personnel relating 21 to cybersecurity and quantum information science 22 and technology and such other areas of national re- 23 search priorities as the Secretary, acting through the 24 Director, may determine; and g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00122 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 123 1 (2) fix the rate of basic pay of any individual 2 appointed under paragraph (1), at a rate not in ex- 3 cess of the basic rate of pay of the Vice President 4 under section 104 of title 3, United States Code, 5 without regard to title 5, United States Code. 6 (b) LIMITATION.—The Director may appoint not 7 more than 10 individuals under subsection (a). 8 (c) SUNSET.—The authority under subsection (a) 9 shall expire on the date that is 10 years after the date 10 of enactment of this Act. 11 (d) OTHER TRANSACTION AUTHORITY.—Section 12 2(b)(4) of the National Institute of Standards and Tech13 nology Act (15 U.S.C. 272(b)(4)) is amended to read as 14 follows: 15 ‘‘(4) to enter into and perform such contracts, 16 including cooperative research and development ar- 17 rangements and grants and cooperative agreements 18 or other transactions, as may be necessary in the 19 conduct of its work and on such terms as it may 20 deem appropriate, in furtherance of the purposes of 21 this Act;’’. 22 SEC. 313. NATIONAL INSTITUTE OF STANDARDS AND TECH- 23 24 NOLOGY FOUNDATION. (a) IN GENERAL.—The Secretary of Commerce, act- 25 ing through the Director, may establish or enter into an g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00123 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 124 1 agreement with a nonprofit organization to establish a Na2 tional Institute of Standards and Technology Foundation. 3 The Foundation shall not be an agency or instrumentality 4 of the United States Government. 5 (b) PURPOSE.—The purpose of the Foundation shall 6 be to support the National Institute of Standards and 7 Technology in its mission. 8 (c) ACTIVITIES.—Activities of the Foundation may 9 include the solicitation and acceptance of funds— 10 11 (1) to support international metrology and standards engagement activities; 12 13 (2) to conduct education and outreach activities; and 14 (3) to offer direct support to NIST associates, 15 including through activities such as the provision of 16 fellowships, grants, and occupational safety and 17 awareness training. 18 (d) TRANSFER OF FUNDS.—The Director may au- 19 thorize, under the agreement under subsection (a), the 20 transfer of funds from the National Institute of Standards 21 and Technology to the nonprofit organization to offset any 22 administrative costs of the Foundation. 23 (e) LIABILITY.—The United States shall not be liable 24 for any debts, defaults, acts, or omissions of the Founda- g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00124 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 125 1 tion. The full faith and credit of the United States shall 2 not extend to any obligations of the Foundation. 3 SEC. 314. MEP OUTREACH. 4 Section 25 of the National Institute of Standards and 5 Technology Act (15 U.S.C. 278k) is amended— 6 (1) in subsection (c)— 7 (A) in paragraph (6), by striking ‘‘commu- 8 nity colleges and area career and technical edu- 9 cation schools’’ and inserting the following: 10 ‘‘secondary schools (as defined in section 8101 11 of the Elementary and Secondary Education 12 Act of 1965 (20 U.S.C. 7801)), community col- 13 leges, and area career and technical education 14 schools, including those in underserved and 15 rural communities,’’; and 16 (B) in paragraph (7)— 17 (i) by striking ‘‘and local colleges’’ 18 and inserting the following: ‘‘local high 19 schools and local colleges, including those 20 in underserved and rural communities,’’; 21 and 22 (ii) by inserting ‘‘or other applied 23 learning opportunities’’ after ‘‘apprentice- 24 ships’’; and g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00125 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 126 1 (2) in subsection (d)(3), by striking ‘‘, commu- 2 nity colleges, and area career and technical edu- 3 cation schools,’’ and inserting the following: ‘‘and 4 local high schools, community colleges, and area ca- 5 reer and technical education schools, including those 6 in underserved and rural communities,’’. 7 SEC. 315. DEFINITIONS. 8 In this title: 9 (1) DIRECTOR.—The term ‘‘Director’’ means 10 the Director of the National Institute of Standards 11 and Technology. 12 (2) FRAMEWORK.—The term ‘‘Framework’’ 13 means the Framework for Improving Critical Infra- 14 structure Cybersecurity developed by the National 15 Institute of Standards and Technology and referred 16 to in Executive Order 13800 issued on May 11, 17 2017 (82 Fed. Reg. 22391 et seq.). 18 (3) INSTITUTE.—The term ‘‘Institute’’ means 19 the National Institute of Standards and Technology. 20 (4) INSTITUTION 21 term ‘‘institution of higher education’’ has the 22 meaning given such term in section 101 of the High- 23 er Education Act of 1965 (20 U.S.C. 1001). 24 25 (5) NIST 12:48 Jan 28, 2020 ASSOCIATE.—The term ‘‘NIST asso- ciate’’ means any guest researcher, research asso- g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 OF HIGHER EDUCATION.—The Jkt 000000 (753409 11) PO 00000 Frm 00126 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 127 1 ciate, facility user, or volunteer who conducts re- 2 search at a National Institute of Standards and 3 Technology facility, but is not an employee of the 4 National Institute of Standards and Technology or 5 of another Federal department or agency. 6 (6) SECRETARY.—The term ‘‘Secretary’’ means 7 the Secretary of Commerce. 10 TITLE IV—NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION 11 SEC. 401. ESTABLISHMENT OF A TECHNOLOGY TRANSFER 8 9 12 13 OFFICE. (a) TECHNOLOGY TRANSFER OFFICE.—The Admin- 14 istrator shall establish a technology transfer office at the 15 corporate agency level. 16 (b) TECHNOLOGY TRANSFER COORDINATOR.—The 17 Administrator shall appoint a Technology Transfer Coor18 dinator to be the principal advisor to the Administrator 19 on all matters relating to technology transfer and commer20 cialization and will serve as director of the technology 21 transfer office. 22 (c) QUALIFICATIONS.—The Coordinator shall be an 23 individual who, by reason of professional background and 24 experience, is specially qualified to advise the Adminis- g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00127 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 128 1 trator on matters pertaining to technology transfer at the 2 Agency. 3 (d) DUTIES OF THE COORDINATOR.—The Coordi- 4 nator shall oversee— 5 6 (1) the expenditure of funds allocated for technology transfer within the Agency; 7 (2) efforts to improve research to operations 8 within the Office of Oceanic and Atmospheric Re- 9 search and other Agency line offices; 10 11 (3) efforts to engage private sector entities, including venture capital companies; 12 13 (4) efforts to engage State and local governments; 14 (5) coordinate efforts across the Agency; and 15 (6) facilitate knowledge transfer from Agency/ 16 Federal standards to commercial, State, local gov- 17 ernments. 18 (e) TECHNOLOGY TRANSFER RESPONSIBILITY.— 19 Nothing in this section affects the technology transfer re20 sponsibilities of Federal employees under the Stevenson21 Wydler Technology Innovation Act of 1980 (15 U.S.C. 22 3701 et seq.). 23 (f) PLANNING AND REPORTING.— 24 25 (1) IN 12:48 Jan 28, 2020 later than 180 days after the date of enactment of this Act, the Adminis- g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 GENERAL.—Not Jkt 000000 (753409 11) PO 00000 Frm 00128 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 129 1 trator shall submit to Congress a technology transfer 2 execution plan. 3 (2) UPDATES.—Each year after the submission 4 of the plan under paragraph (1), the Administrator 5 shall submit to Congress an updated execution plan 6 and reports that describe progress toward meeting 7 goals set forth in the execution plan and the funds 8 expended under subsection (e). 9 SEC. 402. TECHNOLOGY TRANSFER AND TRANSITIONS AS- 10 SESSMENT. 11 Not later than 1 year after the date of enactment 12 of this Act, and annually thereafter, the administrator 13 shall transmit to the Committee on Science, Space, and 14 Technology of the House of Representatives and the Com15 mittee on Commerce, Space, and Transportation of the 16 Senate a report which shall include— 17 (1) report on the Agency’s research to oper- 18 ations activities during the previous fiscal year; and 19 (2) recommended agency policy changes to in- 20 crease research to operations activities in the coming 21 fiscal year. 22 SEC. 403. NATIONAL MESONET PROGRAM. 23 (a) FINDINGS.—Congress finds that— 24 (1) since the initial establishment of a private- 25 public partnership demonstration program, the Na- g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00129 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 130 1 tional Mesonet Program has leveraged data collected 2 by existing weather station networks to— 3 (A) provide accurate, real-time observation 4 for weather forecasters and emergency response 5 personnel in metropolitan areas across the 6 United States; 7 (B) address persistent impediments, identi- 8 fied in a National Academy of Sciences Report 9 released in 2009, to fulfill the need for broader 10 and denser weather observation networks to im- 11 prove severe weather lead-times; 12 (C) achieve major improvements for the 13 National Oceanic and Atmospheric Administra- 14 tion and the broader American Weather Enter- 15 prise, despite some significant development 16 issues and cost overruns, according to a Na- 17 tional Academy of Sciences Report released in 18 2011; 19 (D) increase the amount of non-Federal 20 weather data available to government by orders 21 of magnitude; and 22 (E) improve understanding of the impact, 23 the size and duration of mesoscale weather 24 events; and g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00130 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 131 1 (2) as a joint collaboration between the Na- 2 tional Oceanic and Atmospheric Administration and 3 the National Weather Service, the National Mesonet 4 Program is a critical component of agency oper- 5 ations and provides reliable, real-time prediction and 6 observation capabilities for the physical environment 7 that enhances response and prevention strategies to 8 severe weather events. 9 (b) PROGRAM.—The National Weather Service shall 10 carry out the National Mesonet Program under law to im11 prove understanding of and forecast capabilities for at12 mospheric events, placing priority on leveraging available 13 commercial and other non-Federal weather data to en14 hance coordination across the private, public, and aca15 demic sectors of the American weather enterprise. 16 (c) PROGRAM ELEMENTS.—The program described 17 in subsection (b) shall focus on the following activities: 18 (1) Improving the National Oceanic and Atmos- 19 pheric Administration and the National Weather 20 Service’s ability to provide the baseline forecasts and 21 warnings that protect the nation’s citizens, busi- 22 nesses, military, and government agencies and en- 23 able them to operate and perform in safe, efficient, 24 and orderly manners. g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00131 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 132 1 (2) Yielding significant amounts of boundary- 2 layer data to result in dramatic improvements in nu- 3 merical weather prediction performance. 4 (3) Providing the critical technical and adminis- 5 trative infrastructure needed to facilitate rapid inte- 6 gration of new and emerging surface, boundary 7 layer, and space-based networks anticipated in com- 8 ing years. 9 (4) Leveraging existing networks of environ- 10 mental monitoring stations to dramatically increase 11 the quantity and density of weather observations 12 available to the National Weather Service at a highly 13 cost-effective price. 14 (5) Supporting the National Weather Service in 15 reaching its target of a 30-minute warning time for 16 severe weather through better predictive algorithms 17 driven by increasingly effective observations. 18 (d) AUTHORIZATION OF APPROPRIATIONS.—Of 19 amounts otherwise made available to the National Weath20 er Service, there are authorized to carry out this section 21 $25,000,000 for fiscal year 2021, $26,000,000 for fiscal 22 year 2022, $27,000,000 for fiscal year 2023, $28,000,000 23 for fiscal year 2024 and $29,000,000 for fiscal year 2025, 24 and $30,000,000 for fiscal year 2026. g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00132 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 133 1 SEC. 404. SEVERE WEATHER EXTRAMURAL TESTBEDS. 2 (a) FINDINGS.—Congress finds the following: 3 (1) The Weather Research and Forecasting In- 4 novation Act of 2017 instructs NOAA to prioritize 5 improving weather data, modeling, computing, fore- 6 casting and warnings for the protection of life and 7 property and for the enhancement of the national 8 economy. 9 (2) The Weather Research and Forecasting In- 10 novation Act of 2017 has also mandated that the 11 NOAA Office of Oceanic and Atmospheric Research 12 prioritize involving extramural partners to leverage 13 existing public and private resources to expand and 14 improve weather forecasting and modeling as quickly 15 and efficiently as possible. 16 (3) There is a need for additional weather re- 17 search and forecasting innovation given the increas- 18 ing number of severe weather events and their in- 19 creasing effect on public health, safety and national 20 and regional economic well-being. 21 (b) PROGRAM.—Not later than 180 days after the en- 22 actment of this Act, the Assistant Administrator for the 23 Office of Oceanic and Atmospheric Research shall estab24 lish a program to create one or more weather research 25 testbeds, hosted by extramural university based partners, 26 to develop improved understanding of and forecast capag:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00133 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 134 1 bilities for atmospheric events and their impacts. Re2 sources for such testbeds shall not be taken from the exist3 ing NOAA cooperative institutes. 4 (c) PROGRAM ELEMENTS.—The program described 5 in subsection (b) shall focus on the following activities: 6 (1) Improving the fundamental understanding 7 of weather, including the boundary layer and other 8 processes affecting high impact weather events. 9 (2) Improving the understanding of how the 10 public receives, interprets, and responds to warnings 11 and forecasts of high impact weather events that en- 12 danger life and property. 13 (3) Research and development, and transfer of 14 knowledge, technologies, and applications to the Na- 15 tional Weather Service and other appropriate agen- 16 cies and entities, including the United States weath- 17 er industry and academic partners. 18 (d) EXTRAMURAL RESEARCH.— 19 (1) IN carrying out the program 20 under this section, the Assistant Administrator for 21 Oceanic and Atmospheric Research shall collaborate 22 with and support the non-Federal weather research 23 community, which includes institutions of higher 24 education, private entities, and nongovernmental or- 25 ganizations, by making funds available through com- g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 GENERAL.—In 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00134 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 135 1 petitive grants, contracts, and cooperative agree- 2 ments. Preference shall be given to applicants with 3 significant expertise in severe weather research that 4 are co-located with existing NOAA intramural 5 weather related laboratories. 6 (2) EXTRAMURAL ACADEMIC PARTNERS.—Of 7 the funds authorized in subsection (e), not less than 8 80 percent shall be dedicated to research of extra- 9 mural academic partners. 10 (e) AUTHORIZATION OF APPROPRIATIONS.—For each 11 of fiscal years 2021 and 2022, there are authorized out 12 of funds appropriated to the National Oceanic and Atmos13 pheric Administration, $10,000,000 to carry out the ac14 tivities of this section. 15 SEC. 405. NEXT GENERATION DIGITAL RADAR. 16 (a) FINDINGS.—Congress finds that— 17 (1) the national weather radar network is 18 aging, and procurement and replacement must begin 19 by early in the decade commencing with the year 20 2030; 21 (2) research by the National Oceanic and At- 22 mospheric Administration on next generation radar 23 systems has largely focused on the development of a 24 phased array radar for severe weather forecasting; g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00135 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 136 1 (3) a phased array radar system can achieve 2 precise measurements of precipitation rates and con- 3 ditions through a rapid scan of the atmosphere to 4 reveal critical weather thumbprints that point to the 5 potential of severe weather; 6 (4) though initially established through the 7 joint collaboration between the Federal Aviation Ad- 8 ministration and the National Oceanic and Atmos- 9 pheric Administration, the potential for use of the 10 phased array radar for severe weather observations 11 has emerged as the focus; 12 (5) lifetime operations and maintenance costs 13 will be significant reduced due to the simple, digital 14 process for updating the digital array radar system; 15 and 16 (6) the National Oceanic and Atmospheric Ad- 17 ministration must continue to conduct crucial tech- 18 nical risk reduction research to be ready for the 19 next-generation of radar networks. 20 (b) PROGRAM.—The Under Secretary of Commerce 21 for Oceans and Atmosphere shall develop, in collaboration 22 with the Assistant Administrators for Weather Services 23 and Oceanic and Atmospheric Research, and utilizing 24 NOAA’s existing academic partners for implementation, 25 a technical risk reduction program, that will lead to the g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00136 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 137 1 baseline requirements to procure an all-digital ground 2 based phased array radar system for initial deployment 3 by no later than 2032. At a minimum, such a program 4 must demonstrate the ability to significantly improve the 5 accuracy of severe weather forecasts while lowering long 6 term Federal operating costs. 7 (c) PROGRAM ELEMENTS.—The program described 8 in subsection (b) shall focus on the following activities: 9 (1) Definition of key system requirements need- 10 ed to cost effectively lead to significant improve 11 weather forecasting accuracy and precision through 12 a nationwide all-digital ground based phased array 13 weather radar system. 14 (2) Identification of critical technologies and 15 subsystems on the critical path to the development 16 of an all-digital phased array system, and an invest- 17 ment schedule to reduce risk in each designated 18 area. 19 (3) Development of a full-scale digital phased 20 array radar demonstrator that will meet require- 21 ments set in paragraph (1). 22 (4) Development of a multi-year effort to 23 strengthen ties between NOAA and its public univer- 24 sity based academic partners so as to maintain an 25 ongoing reservoir of science and technology talent to g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00137 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 138 1 help to guide and advise Federal program managers 2 on the implementation and use of an all-digital 3 phased array radar system. 4 (d) AUTHORIZATION OF APPROPRIATIONS.—Of the 5 amounts otherwise made available to the National Oceanic 6 and Atmospheric Administration’s Operations, Research, 7 and Facilities Action, there are authorized to carry out 8 this section $20,000,000 for each of fiscal years 2021 9 through 2025. 10 SEC. 406. FELLOWSHIPS. 11 (a) IN GENERAL.—To carry out the educational and 12 training objectives of this Act, the Administrator shall 13 support a program of weather fellowships for qualified in14 dividuals at the graduate and postgraduate level. The fel15 lowships shall be related to meteorology, atmospheric 16 science, space weather, and climatology and awarded pur17 suant to guidelines established by the Administrator. 18 (b) WEATHER FELLOWSHIP.—The Administrator 19 may award weather fellowships to support the placement 20 of individuals at the graduate level of education in fields 21 related to meteorology, atmospheric science, space weath22 er, and climatology within NOAA. A fellowship awarded 23 under this subsection shall be for a period of not more 24 than 1 year. g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00138 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 139 1 SEC. 407. AUTHORIZATION OF APPROPRIATIONS. 2 (a) FINDINGS.—Congress finds the following: 3 (1) The National Oceanic and Atmospheric Ad- 4 ministration promotes United States science and in- 5 novation by providing weather forecasts, severe 6 storm warnings, and climate monitoring that sup- 7 port and affect more than one-third of the national 8 gross domestic product. 9 (2) The Office of Oceanic and Atmospheric Re- 10 search provides science that enables better forecasts, 11 earlier warnings for natural disasters, and a greater 12 understanding of the Earth. 13 (3) The cutting-edge research conducted at 14 OAR provides citizens, planners, and emergency 15 managers reliable information that is critical to daily 16 life. 17 (b) AUTHORIZATION OF APPROPRIATIONS.—Of 18 amounts otherwise available to the National Oceanic and 19 Atmospheric Administration, there are authorized to be 20 appropriated for the Office of Oceanic and Atmospheric 21 Research— 22 (1) $590,000,000 for fiscal year 2020; 23 (2) $655,555,555 for fiscal year 2021; 24 (3) $721,111,110 for fiscal year 2022; 25 (4) $786,666,665 for fiscal year 2023; 26 (5) $852,222,220 for fiscal year 2024; g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00139 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 140 1 (6) $917,777,775 for fiscal year 2025; 2 (7) $983,333,330 for fiscal year 2026; 3 (8) $1,048,888,885 for fiscal year 2027; 4 (9) $1,114,444,440 for fiscal year 2028; and 5 (10) $1,180,000,000 for fiscal year 2029. TITLE V—NATIONAL SCIENCE FOUNDATION 6 7 8 SEC. 501. AUTHORIZATION OF APPROPRIATIONS. 9 (a) FISCAL YEAR 2020.— 10 (1) IN are authorized to be 11 appropriated to the Foundation $8,278,330,000 for 12 fiscal year 2020. 13 14 (2) SPECIFIC ALLOCATION.—Of the amount au- thorized by paragraph (1)— 15 (A) $6,737,200,000 shall be made avail- 16 able for research and related activities; 17 (B) $940,000,000 shall be made available 18 for education and human resources including— 19 (i) $75,000,000 for the Advanced 20 Technical Education Program; 21 (ii) $313,500,000 for the Graduate 22 Research Fellowship Program; 23 (iii) 24 12:48 Jan 28, 2020 $67,000,000 for the Robert Noyce Teacher Scholarship Program; and g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 GENERAL.—There Jkt 000000 (753409 11) PO 00000 Frm 00140 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 141 1 (iv) $68,750,000 for the CyberCorps 2 Scholarship for Service Program; 3 (C) $243,230,000 shall be made available 4 for major research equipment and facilities con- 5 struction, of which $65,000,000 shall be for 6 mid-scale projects; 7 (D) $336,900,000 shall be made available 8 for agency operations and award management; 9 (E) $4,500,000 shall be made available for 10 the Office of the National Science Board; and 11 (F) $16,500,000 shall be made available 12 13 for the Office of the Inspector General. (b) FISCAL YEAR 2021.— 14 (1) IN are authorized to be 15 appropriated to the Foundation $9,422,160,000 for 16 fiscal year 2021. 17 18 (2) SPECIFIC ALLOCATION.—Of the amount au- thorized by paragraph (1)— 19 (A) $7,824,000,000 shall be made avail- 20 able for research and related activities; 21 (B) $980,000,000 shall be made available 22 for education and human resources including— 23 (i) $79,200,000 for the Advanced 24 Technical Education Program; g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 GENERAL.—There 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00141 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 142 1 (ii) $342,000,000 for the Graduate 2 Research Fellowship Program; 3 (iii) 4 for the Robert Noyce Teacher Scholarship Program; and 5 (iv) $82,500,000 for the CyberCorps 6 Scholarship for Service Program; 7 (C) $255,000,000 shall be made available 8 for major research equipment and facilities con- 9 struction, of which $90,000,000 shall be for 10 mid-scale projects; 11 (D) $343,000,000 shall be made available 12 for agency operations and award management; 13 (E) $4,500,000 shall be made available for 14 the Office of the National Science Board; and 15 (F) $15,660,000 shall be made available 16 17 for the Office of the Inspector General. (c) FISCAL YEAR 2022.— 18 (1) IN GENERAL.—There are authorized to be 19 appropriated to the Foundation $10,106,500,000 for 20 fiscal year 2022. 21 22 (2) SPECIFIC the amount au- (A) $8,476,000,000 shall be made avail- 24 able for research and related activities; g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) 12:48 Jan 28, 2020 ALLOCATION.—Of thorized by paragraph (1)— 23 VerDate Mar 15 2010 $97,500,000 Jkt 000000 (753409 11) PO 00000 Frm 00142 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 143 1 (B) $1,005,000,000 shall be made avail- 2 able for education and human resources includ- 3 ing— 4 (i) $85,800,000 for the Advanced 5 Technical Education Program; 6 (ii) $370,500,000 for the Graduate 7 Research Fellowship Program; 8 (iii) $113,750,000 for the Robert 9 Noyce Teacher Scholarship Program; and 10 (iv) $96,250,000 for the CyberCorps 11 Scholarship for Service Program— 12 (C) $255,000,000 shall be made available 13 for major research equipment and facilities con- 14 struction, of which $90,000,000 shall be for 15 mid-scale projects; 16 (D) $350,000,000 shall be made available 17 for agency operations and award management; 18 (E) $4,500,000 shall be made available for 19 the Office of the National Science Board; and 20 (F) $16,000,000 shall be made available 21 22 for the Office of the Inspector General. (d) FISCAL YEAR 2023.— 23 (1) IN are authorized to be 24 appropriated to the Foundation $10,790,800,000 for 25 fiscal year 2023. g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 GENERAL.—There 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00143 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 144 1 2 (2) SPECIFIC the amount au- thorized by paragraph (1)— 3 (A) $9,128,000,000 shall be made avail- 4 able for research and related activities; 5 (B) $1,029,000,000 shall be made avail- 6 able for education and human resources includ- 7 ing— 8 (i) $92,400,000 for the Advanced 9 Technical Education Program 10 (ii) $399,000,000 for the Graduate 11 Research Fellowship Program; 12 (iii) $130,000,000 for the Robert 13 Noyce Teacher Scholarship Program; and 14 (iv) $110,000,000 for the CyberCorps 15 Scholarship for Service Program; 16 (C) $255,000,000 shall be made available 17 for major research equipment and facilities con- 18 struction, of which $90,000,000 shall be for 19 mid-scale projects; 20 (D) $358,000,000 shall be made available 21 for agency operations and award management; 22 (E) $4,500,000 shall be made available for 23 the Office of the National Science Board; and 24 (F) $16,300,000 shall be made available 25 for the Office of the Inspector General. g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 ALLOCATION.—Of 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00144 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 145 1 (e) FISCAL YEAR 2024.— 2 (1) IN are authorized to be 3 appropriated to the Foundation $11,501,100,000 for 4 fiscal year 2024. 5 6 (2) SPECIFIC ALLOCATION.—Of the amount au- thorized by paragraph (1)— 7 (A) $9,780,000,000 shall be made avail- 8 able for research and related activities; 9 (B) $1,050,000,000 shall be made avail- 10 able for education and human resources includ- 11 ing— 12 (i) $99,000,000 for the Advanced 13 Technical Education Program 14 (ii) $427,500,000 for the Graduate 15 Research Fellowship Program; 16 (iii) $132,600,000 for the Robert 17 Noyce Teacher Scholarship Program; and 18 (iv) $112,200,000 for the CyberCorps 19 Scholarship for Service Program; 20 (C) $285,000,000 shall be made available 21 for major research equipment and facilities con- 22 struction, of which $120,000,000 shall be for 23 mid-scale projects; 24 (D) $365,000,000 shall be made available 25 for agency operations and award management; g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 GENERAL.—There 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00145 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 146 1 (E) $4,500,000 shall be made available for 2 the Office of the National Science Board; and 3 (F) $16,600,000 shall be made available 4 5 for the Office of the Inspector General. (f) FISCAL YEAR 2025.— 6 (1) IN are authorized to be 7 appropriated to the Foundation $12,182,500,000 for 8 fiscal year 2025. 9 10 (2) SPECIFIC ALLOCATION.—Of the amount au- thorized by paragraph (1)— 11 (A) $10,432,000,000 shall be made avail- 12 able for research and related activities; 13 (B) $1,072,000,000 shall be made avail- 14 able for education and human resources includ- 15 ing— 16 (i) $105,600,000 for the Advanced 17 Technical Education Program; 18 (ii) $456,000,000 for the Graduate 19 Research Fellowship Program; 20 (iii) $135,300,000 for the Robert 21 Noyce Teacher Scholarship Program; and 22 (iv) $114,400,000 for the CyberCorps 23 Scholarship for Service Program; 24 (C) $285,000,000 shall be made available 25 for major research equipment and facilities con- g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 GENERAL.—There 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00146 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 147 1 struction, of which $205,000,000 shall be for 2 mid-scale projects; 3 (D) $372,000,000 shall be made available 4 for agency operations and award management; 5 (E) $4,500,000 shall be made available for 6 the Office of the National Science Board; and 7 (F) $17,000,000 shall be made available 8 9 for the Office of the Inspector General. (g) FISCAL YEAR 2026.— 10 (1) IN are authorized to be 11 appropriated to the Foundation $12,863,800,000 for 12 fiscal year 2026. 13 14 (2) SPECIFIC ALLOCATION.—Of the amount au- thorized by paragraph (1)— 15 (A) $11,084,000,000 shall be made avail- 16 able for research and related activities; 17 (B) $1,093,000,000 shall be made avail- 18 able for education and human resources includ- 19 ing— 20 (i) $112,200,000 for the Advanced 21 Technical Education Program 22 (ii) $484,500,000 for the Graduate 23 Research Fellowship Program; 24 (iii) $138,000,000 for the Robert 25 Noyce Teacher Scholarship Program; and g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 GENERAL.—There 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00147 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 148 1 (iv) $116,700,000 for the CyberCorps 2 Scholarship for Service Program; 3 (C) $285,000,000 shall be made available 4 for major research equipment and facilities con- 5 struction, of which $225,000,000 shall be for 6 mid-scale projects; 7 (D) $380,000,000 shall be made available 8 for agency operations and award management; 9 (E) $4,500,000 shall be made available for 10 the Office of the National Science Board; and 11 (F) $17,300,000 shall be made available 12 13 for the Office of the Inspector General. (h) FISCAL YEAR 2027.— 14 (1) IN are authorized to be 15 appropriated to the Foundation $13,555,100,000 for 16 fiscal year 2027. 17 18 (2) SPECIFIC ALLOCATION.—Of the amount au- thorized by paragraph (1)— 19 (A) $11,736,000,000 shall be made avail- 20 able for research and related activities; 21 (B) $1,115,000,000 shall be made avail- 22 able for education and human resources includ- 23 ing— 24 (i) $118,800,000 for the Advanced 25 Technical Education Program; g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 GENERAL.—There 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00148 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 149 1 (ii) $513,000,000 for the Graduate 2 Research Fellowship Program; 3 (iii) $140,700,000 for the Robert 4 Noyce Teacher Scholarship Program; and 5 (iv) $119,000,000 for the CyberCorps 6 Scholarship for Service Program; 7 (C) $295,000,000 shall be made available 8 for major research equipment and facilities con- 9 struction, of which $225,000,000 shall be for 10 mid-scale projects; 11 (D) $387,000,000 shall be made available 12 for agency operations and award management; 13 (E) $4,500,000 shall be made available for 14 the Office of the National Science Board; and 15 (F) $17,600,000 shall be made available 16 17 for the Office of the Inspector General. (i) FISCAL YEAR 2028.— 18 (1) IN are authorized to be 19 appropriated to the Foundation $14,237,500,000 for 20 fiscal year 2028. 21 22 (2) SPECIFIC the amount au- (A) $12,388,000,000 shall be made avail- 24 able for research and related activities; g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) 12:48 Jan 28, 2020 ALLOCATION.—Of thorized by paragraph (1)— 23 VerDate Mar 15 2010 GENERAL.—There Jkt 000000 (753409 11) PO 00000 Frm 00149 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 150 1 (B) $1,137,000,000 shall be made avail- 2 able for education and human resources includ- 3 ing— 4 (i) $125,400,000 for the Advanced 5 Technical Education Program; 6 (ii) $541,500,000 for the Graduate 7 Research Fellowship Program; 8 (iii) $143,500,000 for the Robert 9 Noyce Teacher Scholarship Program; and 10 (iv) $121,400,000 for the CyberCorps 11 Scholarship for Service Program; 12 (C) $295,000,000 shall be made available 13 for major research equipment and facilities con- 14 struction, of which $225,000,000 shall be for 15 mid-scale projects; 16 (D) $395,000,000 shall be made available 17 for agency operations and award management; 18 (E) $4,500,000 shall be made available for 19 the Office of the National Science Board; and 20 (F) $18,000,000 shall be made available 21 22 for the Office of the Inspector General. (j) FISCAL YEAR 2029.— 23 (1) IN are authorized to be 24 appropriated to the Foundation $14,918,800,000 for 25 fiscal year 2029. g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 GENERAL.—There 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00150 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 151 1 2 (2) SPECIFIC the amount au- thorized by paragraph (1)— 3 (A) $13,040,000,000 shall be made avail- 4 able for research and related activities; 5 (B) $1,158,000,000 shall be made avail- 6 able for education and human resources includ- 7 ing— 8 (i) $132,000,000 for the Advanced 9 Technical Education Program; 10 (ii) $570,000,000 for the Graduate 11 Research Fellowship Program; 12 (iii) $146,400,000 for the Robert 13 Noyce Teacher Scholarship Program; and 14 (iv) $123,800,000 for the CyberCorps 15 Scholarship for Service Program 16 (C) $295,000,000 shall be made available 17 for major research equipment and facilities con- 18 struction, of which $225,000,000 shall be for 19 mid-scale projects; 20 (D) $403,000,000 shall be made available 21 for agency operations and award management; 22 (E) $4,500,000 shall be made available for 23 the Office of the National Science Board; and 24 (F) $18,300,000 shall be made available 25 for the Office of the Inspector General. g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 ALLOCATION.—Of 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00151 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 152 1 SEC. 502. NSF ORGANIZATIONAL REVIEW. 2 (a) SENSE OF CONGRESS.—It is the sense of Con- 3 gress that— 4 (1) since its establishment in 1950, the Na- 5 tional Science Foundation has been the gold stand- 6 ard for the world in funding basic science and engi- 7 neering research; 8 (2) the National Science Foundation should 9 continue to fund competitive, merit-reviewed basic 10 research across all fields of science and engineering 11 to achieve its statutory mission; 12 (3) scientific research has become increasingly 13 interdisciplinary, crossing the boundaries of indi- 14 vidual fields and the divisions and directorates of the 15 National Science Foundation that support research 16 grants; and 17 (4) as the nature of scientific research changes, 18 it is important for the institutions that support 19 science like the National Science Foundation, to pe- 20 riodically evaluate whether the organization needs to 21 evolve to continue to fund the best science, the best 22 scientists, and the most groundbreaking research. 23 (b) STUDY.—Not later than 60 days after the date 24 of enactment of this Act, the Director shall contract with 25 the National Academy of Public Administration (referred 26 to in this section as the ‘‘National Academy’’) to conduct g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00152 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 153 1 a study on the organizational and management structure 2 of the Foundation, to— 3 (1) evaluate and make recommendations for the 4 structure of the Foundation’s directorates, divisions, 5 and offices of the Foundation to efficiently and ef- 6 fectively fund and oversee research grants and edu- 7 cation and training programs; 8 (2) evaluate and make recommendations for 9 any structural changes needed to improve the sup- 10 port for cross-disciplinary and trans-disciplinary re- 11 search; 12 (3) evaluate and make recommendations for the 13 long-term planning and development of research in- 14 frastructure projects; and 15 (4) make recommendations for the management 16 of the Foundation’s business practices, including 17 personnel and financial management. 18 (c) REPORT TO CONGRESS.—Upon completion of the 19 study under subsection (b), the Director shall transmit the 20 study to Congress along with a summary of the Director’s 21 plans, if any, to implement the recommendations of the 22 National Academy. 23 SEC. 503. ETHICS AND SECURITY PLANS. 24 25 (a) DEVELOPMENT CIES.—Not g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 12:48 Jan 28, 2020 Jkt 000000 OF ETHICS AND SECURITY POLI- later than 6 months after the date of enact- (753409 11) PO 00000 Frm 00153 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 154 1 ment of this Act, the Director shall develop and implement 2 a policy requiring that all proposals for research funding 3 from the Foundation include, if applicable, a plan for 4 managing the risk of any potential ethical or security im5 plications resulting from such research. 6 (b) REQUIREMENTS.—The policy shall— 7 8 (1) include clear guidance of what constitutes ethical and security risks; 9 (2) include field specific guidance as appro- 10 priate, which may include biology, artificial intel- 11 ligence, or cybersecurity; 12 (3) include mechanisms to ensure appropriate 13 evaluation of the submitted ethical and security 14 plans required under this section; 15 (4) include mechanisms to ensure that research- 16 ers comply with approved ethical and security plans; 17 and 18 (5) to the extent practical be harmonized with 19 existing ethical and security policies or requirements, 20 including the Common Rule (Federal Policy for the 21 Protection of Human Subjects, 45 C.F.R. 690). 22 (c) LIMITATION.—The policy developed under sub- 23 section (a) shall not factor into award decisions unless 24 deemed necessary by the merit review panel for each pro25 gram. g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00154 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 155 1 SEC. 504. MAJOR RESEARCH INSTRUMENTATION UPDATE. 2 Section 7036(a) of the America COMPETES Act of 3 2007 (42 U.S.C. 1862o-14) is amended by striking ‘‘The 4 maximum award under the program shall be $4,00,000 5 except if the total amount appropriated for the program 6 for a fiscal year exceeds $125,000,000, in which case the 7 maximum amount of an award shall be $6,000,000’’ and 8 inserting ‘‘The maximum amount of an award under the 9 program shall be $6,000,000’’. 10 SEC. 505. NSF MID-SCALE PROJECT INVESTMENTS. 11 (a) FINDINGS.—Congress finds the following: 12 (1) The Foundation funds major research facili- 13 ties, infrastructure, and instrumentation that pro- 14 vide unique capabilities at the frontiers of science 15 and engineering. 16 (2) Modern and effective research facilities, in- 17 frastructure, and instrumentation are critical to 18 maintaining United States leadership in science and 19 engineering. 20 (3) The costs of some proposed research instru- 21 mentation, equipment, and upgrades to major re- 22 search facilities fall between programs currently 23 funded by the Foundation, creating a gap between 24 the established parameters of the Major Research 25 Instrumentation and Major Research Equipment 26 and Facilities Construction programs, including g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00155 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 156 1 projects that have been identified as cost-effective 2 additions of high priority to the advancement of sci- 3 entific understanding. 4 (4) The National Science Board in a 2018 re- 5 port to Congress, ‘‘Bridging the Gap: Building a 6 Sustained Approach to Mid-scale Research Infra- 7 structure and Cyberinfrastructure at NSF’’ rec- 8 ommended 9 $20,000,000 to $70,000,000 range through the mid-scale projects in 10 major research equipment and facilities program. 11 (b) MID-SCALE PROJECTS.— 12 (1) IN GENERAL.—The the Foundation may fund 13 mid-scale projects through the major research equip- 14 ment and facilities construction program. 15 (2) PROJECT OVERSIGHT UPDATE.—Section 16 110 of the American Innovation and Competitive- 17 ness Act (42 U.S.C. 1862s-2) is amended by strik- 18 ing (g)(2) and inserting the following: 19 ‘‘(2) MAJOR MULTI-USER RESEARCH FACILITY 20 PROJECT.—The 21 cility project’ means a science and engineering con- 22 struction 23 $100,000,000 in total project costs to the Founda- 24 tion.’’. g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 funding 12:48 Jan 28, 2020 Jkt 000000 or term ‘major multi-user research fa- acquisition project that exceeds (753409 11) PO 00000 Frm 00156 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 157 1 (c) DEFINITION OF MID-SCALE PROJECTS.—In this 2 section, the term ‘‘mid-scale projects’’ means research in3 strumentation, equipment, and upgrades to major re4 search facilities or other research infrastructure invest5 ments that exceed the maximum award funded by the 6 major research instrumentation program and are below 7 $100,000,000 total project cost. 8 SEC. 506. REPRODUCIBILITY IN SCIENCE. 9 (a) IN GENERAL.—The Director shall award grants, 10 on a competitive basis, to institutions of higher education 11 or nonprofit organizations (or a consortia thereof) to— 12 (1) support research and development of open 13 source, usable tools and infrastructure that support 14 reproducibility for a broad range of studies across 15 different disciplines; 16 (2) support research on computational repro- 17 ducibility, including the limits of reproducibility and 18 the consistency of computational results in the devel- 19 opment of new computation hardware, tools, and 20 methods; 21 (3) support the education and training of stu- 22 dents, faculty, and researchers on computational 23 methods and tools to improve the quality of data 24 and code to produce reproducible research; and g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00157 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 158 1 (4) support the education and training of stu- 2 dents, faculty, and researchers on the knowledge, 3 skills, and tools needed to conduct research that ad- 4 heres to the highest scientific standard and to be 5 able to clearly communicate methods and results ac- 6 curately and appropriately to reflect the uncertainty 7 involved in the research. 8 (b) DATA REPOSITORIES.—Not later than 12 months 9 after the date of enactment of this Act, the Director of 10 the National Science Foundation shall coordinate with the 11 heads of other Federal science agencies to develop a set 12 of criteria for trusted open repositories to be used by the 13 scientific community in order to facilitate the transparent 14 sharing and availability of data and code for federally 15 funded research studies. 16 (c) DEFINITION OF REPRODUCIBILITY.—For the 17 purposes of this section, the term ‘‘reproducibility’’ means 18 obtaining consistent results using the same input data, 19 computational steps, methods and code, and conditions of 20 analysis. 21 SEC. 507. PUBLIC-PRIVATE PARTNERSHIPS. 22 (a) IN GENERAL.—The Director shall pursue part- 23 nerships with private industry, private foundations, and 24 or other appropriate private entities to— g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00158 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 159 1 (1) enhance the impact of the Foundation’s in- 2 vestments and contributions to American economic 3 competitiveness and security; and 4 (2) make available infrastructure, expertise, and 5 financial resources to the United States scientific 6 and engineering research and education enterprise. 7 (b) MERIT-REVIEW.—Nothing in this section shall be 8 construed as altering any intellectual or broader impacts 9 criteria at the Foundation for evaluating grant applica10 tions. 11 SEC. 508. EPSCOR. 12 (a) SENSE OF CONGRESS.— 13 14 (1) IN is the sense of Congress that— 15 (A) since maintaining the Nation’s sci- 16 entific and economic leadership requires the 17 participation of talented individuals nationwide, 18 EPSCoR investments into State research and 19 education capacities are in the Federal interest 20 and should be sustained; and 21 (B) EPSCoR should maintain its experi- 22 mental component by supporting innovative 23 methods for improving research capacity and 24 competitiveness. g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 GENERAL.—It 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00159 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 160 1 (2) DEFINITION OF EPSCOR.—In this sub- 2 section, the term ‘‘EPSCoR’’ has the meaning given 3 the term in section 502 of the America COMPETES 4 Reauthorization Act of 2010 (42 U.S.C. 1862p 5 note). 6 (b) UPDATE OF EPSCOR.—Section 517(f)(2) of the 7 America COMPETES Reauthorization Act of 2010 (42 8 U.S.C. 1862p–9(f)(2)) is amended— 9 (1) in subparagraph (A), by striking ‘‘and’’ at 10 the end; and 11 (2) by adding at the end the following: 12 ‘‘(C) to increase the capacity of rural com- 13 munities to provide quality STEM education 14 and STEM workforce development program- 15 ming to students, and teachers; and’’. 16 SEC. 509. COMPUTING ENCLAVE PILOT PROGRAM. 17 (a) IN GENERAL.—The Director in consultation with 18 the Director of the National Institute of Standards and 19 Technology and the Secretary of Energy, shall award 20 grants to establish a pilot program to ensure the security 21 of federally supported research data and to assist regional 22 institutions of higher education and their researchers in 23 compliance with regulations regarding the safeguarding of 24 sensitive information and other relevant regulations and 25 Federal guidelines. g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00160 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 161 1 (b) STRUCTURE.—In carrying out the pilot program 2 established pursuant to subsection (a), the Director shall 3 select three institutions of higher education from among 4 institutions classified under the Indiana University Center 5 for Postsecondary Research Carnegie Classification as a 6 doctorate-granting university with a very high level of re7 search activity, and with a history of working with secure 8 information for the development, installation, mainte9 nance, or sustainment of secure computing enclaves. 10 (c) REGIONALIZATION.— 11 (1) In selecting universities pursuant to sub- 12 section (b), the Director shall give preference to in- 13 stitutions of higher education with the capability of 14 serving other regional universities. 15 (2) The enclaves should be geographically dis- 16 persed to better meet the needs of regional interests. 17 (d) PROGRAM ELEMENTS.—The Director shall work 18 with Institutions of Higher Education selected pursuant 19 to subsection (b) to— 20 21 (1) develop an approved design blueprint for compliance with Federal data protection protocols; 22 (2) develop a comprehensive and confidential 23 list, or a bill of materials, of each binary component 24 of the software, firmware, or product that is re- g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00161 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 162 1 quired to deploy additional secure computing en- 2 claves; 3 (3) develop templates for all policies and proce- 4 dures required to operate the secure computing en- 5 clave in a research setting; 6 7 (4) develop a system security plan template; and 8 (5) develop a process for managing a plan of 9 action and milestones for the secure computing en- 10 clave. 11 (e) DURATION.—The pilot program established pur- 12 suant to subsection (a) shall operate for not less than 3 13 years. 14 (f) REPORT.— 15 (1) IN Director shall report to 16 Congress not later than 6 months after the comple- 17 tion of the pilot program under subsection (a). 18 19 (2) CONTENTS.—The report required under paragraph (1) shall include— 20 (A) an assessment of the pilot program 21 under subsection (a), including an assessment 22 of the security benefits provided by such secure 23 computing enclaves; g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 GENERAL.—The 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00162 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 163 1 (B) recommendations related to the valued 2 of expanding the network of secure computing 3 enclaves; and 4 (C) recommendations on the efficacy of the 5 use of secure computing enclaves by other Fed- 6 eral agencies in a broader effort to expand se- 7 curity of Federal research. 8 SEC. 510. DEFINITIONS. 9 In this title, unless expressly provided otherwise: 10 (1) DIRECTOR.—The term ‘‘Director’’ means 11 the Director of the National Science Foundation. 12 (2) FEDERAL AGENCY.—The term 13 ‘‘Federal science agency’’ has the meaning given the 14 term in section 103 of the America COMPETES 15 Reauthorization Act of 2010 (42 U.S.C. 6623). 16 (3) FOUNDATION.—The term ‘‘Foundation’’ 17 means the National Science Foundation. 18 (4) INSTITUTION OF HIGHER EDUCATION.—The 19 term ‘‘institution of higher education’’ has the 20 meaning given the term in section 101(a) of the 21 Higher Education Act of 1965 (20 U.S.C. 1001(a)). TITLE VI—STEM WORKFORCE FOR THE 21ST CENTURY 22 23 24 SEC. 601. FINDINGS; SENSE OF CONGRESS. 25 (a) FINDINGS.—Congress finds the following: g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 SCIENCE 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00163 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 164 1 (1) Many reports over the past decade have 2 found that it is critical to our Nation’s economic 3 leadership and global competitiveness that the 4 United States educates and trains more scientists 5 and engineers. 6 (2) According to the National Science Board’s 7 Science and Engineering Indicators, the science and 8 engineering workforce has grown faster over time 9 than the workforce overall and now represents 5 per- 10 cent of all United States jobs, with a median salary 11 more than double that of non-science and engineer- 12 ing occupations. 13 (3) According to Bureau of Labor Statistics 14 projections, the faster growth in STEM employment 15 relative to overall employment is expected to con- 16 tinue, and the United States will need one million 17 additional STEM professionals than it is on track to 18 produce in the coming decade. 19 (4) A recent report by ACT, the scholastic test- 20 ing service, found that only 20 percent of United 21 States students in the 2016 ACT-tested high school 22 graduating class were ready for first-year STEM 23 college courses. 24 (5) Out of the 70 countries that participate in 25 the Organisation for Economic Co-operation and De- g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00164 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 165 1 velopment’s Programme for International Student 2 Assessment, the United States ranks 25th in science 3 and 40th in mathematics. 4 (6) The Federal Government spends over $3 5 billion annually on STEM education related re- 6 search, programs and activities, but encouraging 7 STEM education activities beyond the scope of the 8 Federal Government is crucial to the future tech- 9 nical and economic competitiveness of the United 10 States. 11 (b) SENSE OF CONGRESS.—It is the sense of Con- 12 gress that— 13 (1) the Nation’s future economic and national 14 security relies on building a STEM-capable work- 15 force in order to remain competitive in the global 16 economy, foster greater innovation, and provide a 17 foundation for shared prosperity; 18 (2) the Federal Government plays a key role in 19 developing and sustaining a STEM-capable work- 20 force by working with stakeholders at all levels, in- 21 cluding researchers, practitioners, industry, and 22 State and local governments to support and promote 23 evidence-based approaches; 24 (3) applying a more holistic view of the STEM 25 workforce that moves beyond academic degrees and g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00165 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 166 1 occupations will highlight the contributions and op- 2 portunities for workers at all education levels; 3 (4) increasing the diversity and inclusion in the 4 STEM workforce is needed to help address the 5 STEM skills shortage; 6 (5) supporting an interdisciplinary approach to 7 STEM learning, where academic concepts are cou- 8 pled with real-world applications and students use 9 STEM in contexts that make connections between 10 school, community, work, and the wider world will 11 improve outcomes for students in elementary, sec- 12 ondary and post-secondary education and for skilled 13 technical workers in different career stages; 14 (6) leveraging private and nonprofit invest- 15 ments in STEM education will be essential to 16 strengthening the Federal STEM portfolio; and 17 (7) coordinating STEM programs and activities 18 across the Federal Government in order to limit du- 19 plication and engage stakeholders in STEM pro- 20 grams and related activities for which objective out- 21 comes can be measured will bolster results of Fed- 22 eral STEM education programs, improve the return 23 on taxpayers’ investments in STEM education pro- 24 grams, and in turn strengthen the United States 25 economy. g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00166 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 167 1 SEC. 602. ADVANCED 2 3 TECHNICAL EDUCATION AND SKILLED TECHNICAL WORKFORCE. (a) FINDINGS.—Congress finds the following: 4 (1) A National Academies of Science, Engineer- 5 ing, and Medicine report predicts a shortfall of near- 6 ly 3,400,000 skilled technical workers by 2022. 7 (2) The National Science Foundation’s Ad- 8 vanced Technical Education program is critical to 9 helping improve the training of the skilled technical 10 workforce, with an emphasis on two-year Institutions 11 of Higher Education (IHEs) and educating techni- 12 cians for the high-technology fields that drive our 13 nation’s economy. 14 (3) The National Science Board’s 2019 report 15 on 16 strengthening partnerships between skilled technical 17 workforce programs and business and industry. 18 (b) ADVANCED TECHNICAL EDUCATION PROGRAM the skilled technical workforce called for 19 UPDATE.—Section 3(b) of the Scientific and Advanced20 Technology Act of 1992 (42 U.S.C. 1862i(b)) is amended 21 to read as follows: 22 ‘‘(b) NATIONAL COORDINATION NETWORK 23 SCIENCE AND FOR TECHNICAL EDUCATION.—The Director 24 shall award grants to institutions of higher education, 25 non-profit institutions, associate-degree granting colleges g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00167 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 168 1 (or consortia thereof) to establish a network of centers for 2 science and technical education. The centers shall— 3 ‘‘(1) coordinate research, training and edu- 4 cation activities funded by awards under subsection 5 (a) and share information and best practices across 6 the network of awardees; 7 ‘‘(2) serve as national and regional clearing- 8 house and resource to communicate and coordinate 9 research, training and educational activities across 10 disciplinary, organizational, geographic and inter- 11 national boundaries and disseminate best practices; 12 and 13 ‘‘(3) develop national and regional partnerships 14 between K-12 schools, two-year colleges, institutions 15 of higher education, workforce development pro- 16 grams, and industry to meet workforce needs.’’. 17 (c) NSF PORTFOLIO REVIEW AND COORDINATION 18 PLAN.— 19 (1) IN later than 1 year after 20 the date of enactment of this Act, the Director of 21 the National Science Foundation shall conduct a full 22 portfolio analysis of the Foundation’s skilled tech- 23 nical workforce investments and develop a plan to 24 improve coordination and collaboration of research 25 and education investments and the communication g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 GENERAL.—Not 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00168 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 169 1 of those funding opportunities to the research and 2 education community. 3 (2) SUBMISSION later than 4 180 days after the date of the review and develop- 5 ment of plan under paragraph (1) is complete, the 6 Director of the National Science Foundation shall 7 submit to Congress and make widely available to the 8 public a summary of the portfolio review and plan. 9 SEC. 603. GRADUATE RESEARCH FELLOWSHIP PROGRAM 10 11 UPDATE. (a) FINDINGS.—Congress finds the following: 12 (1) The National Science Foundation Graduate 13 Research Fellowship Program is the nation’s oldest 14 fellowship program that directly supports American 15 graduate students in various STEM fields and is a 16 model for training the best innovators in the United 17 States. 18 (2) Since 1952, NSF has funded over 50,000 19 Graduate Research Fellowships out of more than 20 500,000 applicants, 42 Fellows have gone on to be- 21 come Nobel laureates, and more than 450 have be- 22 come members of the National Academy of Sciences. 23 (3) Foreign nations are increasingly investing 24 in foreign talent programs to compete with the 25 United States. g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 TO CONGRESS.—Not 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00169 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 170 1 (b) SENSE OF CONGRESS.—It is the sense of Con- 2 gress that the National Science Foundation should grow 3 the number of new graduate research fellows supported 4 annually over the next 10 years to no less than 2,500 fel5 lows. 6 (c) PROGRAM UPDATE.—Section 10 of the National 7 Science Foundation Act of 1950 (42 U.S.C. 1869) is 8 amended— 9 (1) in subsection (a), by inserting ‘‘and as will 10 address national workforce demand in critical STEM 11 fields’’ after ‘‘throughout the United States’’; 12 (2) in subsection (b), by striking ‘‘of $12,000’’ 13 and inserting ‘‘sufficient to cover full tuition and 14 mandatory fees’’; and 15 (3) by adding at the end the following: 16 ‘‘(c) OUTREACH.—The Director shall ensure program 17 outreach to recruit fellowship applicants from fields of 18 study that are in areas of critical national need, from all 19 regions of the country, and from historically underrep20 resented populations in STEM.’’. 21 SEC. 604. ROBERT NOYCE TEACHER SCHOLARSHIP PRO- 22 23 GRAM SENSE OF CONGRESS. It is the sense of Congress that— 24 (1) the Robert Noyce Teacher Scholarship Pro- 25 gram plays an important role in supporting the de- g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00170 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 171 1 velopment and dissemination of evidence-based 2 teacher preparation models and the recruitment, 3 preparation, and retention of STEM educators; 4 (2) the Robert Noyce Teacher Scholarship Pro- 5 gram improves recruitment of underrepresented and 6 STEM-trained students into teaching, encourages 7 teachers to work in high-need areas, and can im- 8 prove relationships between teacher preparation pro- 9 grams and industry; and 10 (3) the Robert Noyce Teacher Scholarship Pro- 11 gram which currently supports between 1,000 to 12 1,500 new math and science teachers a year, includ- 13 ing in high-need districts should be doubled over the 14 next ten years to meet the growing demand for 15 STEM capable educators. 21 TITLE VII—ANTARCTIC SCIENCE AND CONSERVATION MODERNIZATION Subtitle A—Antarctic Nongovernmental Activity Preparedness Act 22 SEC. 701. CONGRESSIONAL FINDINGS AND DECLARATION 16 17 18 19 20 23 24 OF PURPOSE. (a) FINDINGS.—The Congress finds that— g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00171 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 172 1 (1) for over half a century, scientific investiga- 2 tion and environmental protection has been the prin- 3 cipal activity of the Federal Government and United 4 States citizens in Antarctica; 5 (2) the National Science Foundation funds and 6 manages the United States Antarctic Program, the 7 national program of scientific research in Antarctica, 8 together with associated logistical support activities, 9 infrastructure, as well as broad environmental stew- 10 ardship responsibilities in Antarctica; 11 (3) land- and ship-borne tourism in Antarctica, 12 including tourism that United States-based compa- 13 nies organize or originate, continues to increase at 14 a significant rate; 15 (4) achievement of the United States Antarctic 16 Program scientific objectives requires the full com- 17 mitment of the operational and logistics capabilities 18 of the Program; 19 (5) long-standing United States policy regard- 20 ing private non-governmental expeditions to Antarc- 21 tica has been not to offer support or other services 22 to private expeditions in Antarctica, and, instead, to 23 encourage complete operational and financial self- 24 sufficiency on the part of non-governmental expedi- 25 tions to Antarctica; g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00172 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 173 1 (6) in limited emergency situations the United 2 States may attempt, at its discretion and in accord- 3 ance with international law and humanitarian prin- 4 ciples, the rescue of private individuals provided that 5 no unacceptable risks are posed to United States 6 personnel and the rescue can be accomplished by the 7 United States within locally available means; 8 (7) increased tourism and other non-govern- 9 mental activities could result in additional health 10 and safety, search and rescue, medical care and 11 evacuation costs. These costs could increase the fi- 12 nancial burden on the United States Antarctic Pro- 13 gram, increase the risks to the safety of those in- 14 volved in search and rescue, and jeopardize scientific 15 objectives through the diversion of resources; and 16 (8) in recognition of the growing potential for 17 additional costs to be imposed on national Antarctic 18 programs, the Antarctic Treaty Consultative Parties, 19 including the United States, adopted Measure 4 20 (2004), ‘‘Insurance and Contingency Planning for 21 Tourism and Non-Governmental Activities in the 22 Antarctic Treaty Area.’’ Measure 4 (2004), after it 23 takes effect, will require the Parties to impose oper- 24 ational and financial self-sufficiency requirements on 25 non-governmental persons organizing expeditions to g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00173 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 174 1 Antarctica organized in or proceeding from their 2 country. 3 (b) PURPOSE.—The purpose of this subtitle is to im- 4 plement Measure 4 (2004), ‘‘Insurance and Contingency 5 Planning for Tourism and Non-Governmental Activities in 6 the Antarctic Treaty Area’’. 7 SEC. 702. DEFINITIONS. 8 For purposes of this subtitle: 9 10 (1) The term ‘‘Antarctica’’ means the area south of 60 degrees south latitude. 11 12 (2) The term ‘‘Director’’ means the Director of the National Science Foundation. 13 (3) The term ‘‘expedition’’ means an activity 14 undertaken by one or more nongovernmental persons 15 organized within or proceeding from the United 16 States to or within Antarctica for which advance no- 17 tification is required under Paragraph 5 of Article 18 VII of the Antarctic Treaty. The term ‘‘expedition’’ 19 does not include fishing activities or the operation of 20 fishing vessels. 21 (4) The term ‘‘person’’ has the meaning given 22 that term in section 1 of title 1, United States Code, 23 and includes any person subject to the jurisdiction 24 of the United States except that the term does not g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00174 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 175 1 include any department, agency, or other instrumen- 2 tality of the Federal Government. 3 SEC. 703. OBLIGATION OF PERSONS ORGANIZING EXPEDI- 4 TIONS TO PREPARE CONTINGENCY PLANS 5 AND OBTAIN INSURANCE. 6 (a) Persons organizing expeditions shall— 7 (1) prepare and establish appropriate contin- 8 gency plans and sufficient arrangements for health 9 and safety, search and rescue, medical care and 10 evacuation of persons engaged in an expedition; 11 (2) obtain adequate insurance or other financial 12 arrangements to cover all costs associated with 13 search and rescue and medical care and possible 14 evacuation of any persons engaged in an expedition; 15 and 16 (3) establish or obtain the contingency plans, 17 arrangements and insurance or other financial ar- 18 rangements referred to in this subsection prior to 19 the date on which an expedition commences. 20 (b) The contingency plans and other arrangements 21 referred to in subsection (a) shall not rely on support from 22 national Antarctic programs or other agencies of govern23 ments conducting research or other activities in Antarctica 24 without their express written agreement. g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00175 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 176 1 SEC. 704. CERTIFICATION OF COMPLIANCE. 2 (a) Persons organizing expeditions shall submit to the 3 Director a written certification that confirms its compli4 ance with the requirements of section 703 of this subtitle, 5 including a statement that all such plans, arrangements 6 and insurance or other financial arrangements meet all 7 applicable international and domestic legal and regulatory 8 requirements as well as clearly established industry stand9 ards. 10 (b) Any certification filed pursuant to clause sub- 11 section (a) of this section shall contain an acknowledgment 12 that any knowing and willful false statement made in such 13 certification is punishable under section 1001 of title 18, 14 United States Code, by fine or imprisonment of not more 15 than 5 years, or both. The Director may refer potential 16 violations of section 1001 of such title to the Department 17 of Justice for criminal prosecution, as appropriate. 18 SEC. 705. COSTS AND ADMINISTRATIVE FEES. 19 (a) If any person organizing an expedition receives 20 any services covered by this subtitle from any department, 21 agency, or instrumentality of the Federal government, or 22 contractors working in support of such entities, absent an 23 express written agreement for such services with the Na24 tional Science Foundation, the Director may assess the 25 costs, direct and indirect, of any such services incurred 26 by the National Science Foundation, its contractors, or g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00176 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 177 1 other department, agency or instrumentality of the Fed2 eral government, including all reasonable attorney’s fees 3 and costs associated with the collection of such sums. The 4 Director may request the Attorney General to initiate a 5 civil action for the recovery of such costs. The National 6 Science Foundation is authorized to retain all monies col7 lected pursuant to this subsection and shall distribute such 8 monies to any department, agency or instrumentality of 9 the Federal Government to the extent non- reimbursed 10 costs were actually incurred by those entities. Such monies 11 shall remain available for expenditure, without further ap12 propriation, until expended. 13 (b) Beginning in fiscal year 2014 and thereafter, the 14 Director may establish, modify, charge, and collect admin15 istrative fees for the administration of the requirements 16 of this subtitle. The National Science Foundation is au17 thorized to retain all monies collected pursuant to this sec18 tion. Such monies shall remain available for expenditure, 19 without further appropriation, until expended. 20 SEC. 706. FOREIGN EXPEDITIONS. 21 A person organizing an expedition shall not be re- 22 quired to comply with the provisions of this subtitle if the 23 Secretary of State determines at any time, in writing, that 24 another Party to the Antarctic Treaty has jurisdiction 25 over that expedition and is exercising its authority with g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00177 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 178 1 regard to that expedition. However, to the extent the Na2 tional Science Foundation, its contractors, or other de3 partment, agency or instrumentality of the Federal gov4 ernment incurs direct or indirect costs relating to services 5 covered by this subtitle for an expedition, those costs re6 main recoverable against persons subject to the jurisdic7 tion of the United States pursuant to section 705. 8 SEC. 707. CIVIL PENALTIES. 9 (a) ASSESSMENT OF PENALTIES.—Any person orga- 10 nizing an expedition that the Director determines, after 11 notice and an opportunity for a hearing, to have failed 12 to comply with the requirements of this subtitle, or its im13 plementing regulations, shall be liable to the United States 14 for a civil penalty. The amount of the civil penalty shall 15 not exceed $125,000 for each violation unless the prohib16 ited act was knowingly committed, in which case the 17 amount of the civil penalty shall not exceed $250,000 for 18 each violation. Each day an expedition remains in Antarc19 tica without complying with the requirements of this sub20 title shall constitute a separate offense for penalty pur21 poses. The amount of any civil penalty shall be assessed 22 by the Director by written notice. Any civil penalty as23 sessed under this subsection may be remitted or mitigated 24 by the Director. g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00178 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 179 1 (b) HEARINGS.—Hearings for the assessment of civil 2 penalties under subsection (a) shall be conducted in ac3 cordance with section 554 of Title 5, United States Code. 4 For the purposes of conducting any such hearing, the Di5 rector may issue subpoenas for the attendance and testi6 mony of witnesses and the production of relevant papers, 7 books, and documents, and may administer oaths. Wit8 nesses summoned shall be paid the same fees and mileage 9 that are paid to witnesses in the courts of the United 10 States. In case of contumacy or refusal to obey a subpoena 11 served upon any person pursuant to this subsection, the 12 district court of the United States for any district in which 13 such person is found, resides, or transacts business, upon 14 application by the United States and after notice to such 15 person, shall have jurisdiction to issue an order requiring 16 such person to appear and give testimony before the Di17 rector or to appear and produce documents before the Di18 rector, or both, and any failure to obey such order of the 19 court may be punished by such court as a contempt there20 of. 21 (c) REVIEW.—Upon the failure of any person against 22 whom a civil penalty is assessed under subsection (a) of 23 this section to pay such penalty, the Director may request 24 the Attorney General to institute a civil action in a district 25 court of the United States for any district in which such g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00179 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 180 1 person is found, resides, or transacts business to collect 2 the penalty and such court shall have jurisdiction to hear 3 and decide any such action. The court shall hear such ac4 tion on the record made before the Director and shall sus5 tain the decision of the Director if it is supported by sub6 stantial evidence on the record considered as a whole. 7 (d) PENALTIES UNDER OTHER LAWS.—The assess- 8 ment of a civil penalty under subsection (a) of this section 9 for any act shall not be deemed to preclude the assessment 10 of a civil penalty for such act under any other law. 11 SEC. 708. REGULATIONS. 12 The Director may prescribe such regulations as may 13 be appropriate to implement and enforce the provisions 14 of this subtitle. 15 SEC. 709. EFFECTIVE DATE. 16 This subtitle shall take effect 180 days after enact- 17 ment. 20 Subtitle B—ANTARCTIC ENVIRONMENTAL LIABILITY ACT OF 2020 21 SEC. 711. SHORT TITLE. 18 19 22 This subtitle may be cited as the ‘‘Antarctic Environ- 23 mental Liability Act of 2020’’. g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00180 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 181 1 SEC. 712. PURPOSE. 2 The purpose of this subtitle is to implement Annex 3 VI to the Protocol on Environmental Protection to the 4 Antarctic Treaty, ‘‘Liability Arising From Environmental 5 Emergencies’’. 6 SEC. 713. IMPLEMENTING AMENDMENTS. 7 (a) IN GENERAL.—The Antarctic Conservation Act 8 of 1978 (16 U.S.C. 2401 et seq.) is amended— 9 (1) in section 3, by striking ‘‘and’’ at the end 10 of paragraph (22), striking the period at the end of 11 paragraph (23) and inserting a semicolon, and by 12 adding at the end the following: 13 ‘‘(24) the term ‘Annex VI’ means Annex VI to 14 the Protocol on Environmental Protection to the 15 Antarctic Treaty, Liability Arising From Environ- 16 mental Emergencies; 17 ‘‘(25) the term ‘environmental emergency’ 18 means any event that occurs after the entry into 19 force of Annex VI, and that results in, or immi- 20 nently threatens to result in, any significant and 21 harmful impact on the Antarctic environment; 22 ‘‘(26) the term ‘nongovernmental operator’ 23 means any operator other than a Governmental op- 24 erator or a contractor or subcontractor acting on be- 25 half of any Governmental operator; g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00181 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 182 1 ‘‘(27) the term ‘operator’ means any person 2 who organizes activities (including tourist activities) 3 in the United States to be carried out in Antarctica, 4 and any person who organizes activities (including 5 tourist activities) in a country other than the United 6 States to be carried out in Antarctica if such person 7 has its principal place of business or habitual place 8 of residence in the United States, or is incorporated 9 in the United States; except that the term operator 10 does not include— 11 ‘‘(A) an individual who is an employee, 12 contractor, subcontractor, or agent of, or who is 13 in the service of, a person who organizes activi- 14 ties to be carried out in Antarctica; 15 ‘‘(B) a contractor or subcontractor acting 16 on behalf of any Governmental operator; or 17 ‘‘(C) any person who organizes only fishing 18 activities to be carried out in Antarctica; 19 ‘‘(28) the term ‘reasonable,’ as applied to ‘pre- 20 ventative measures’ and ‘response action,’ means 21 measures or actions which are appropriate, prac- 22 ticable, proportionate and based on the availability 23 of objective criteria and information, including— 24 ‘‘(A) risks to the Antarctic environment, 25 and the rate of its natural recovery; g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00182 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 183 1 ‘‘(B) risks to human life and safety; and 2 ‘‘(C) technological and economic feasibility; 3 and 4 ‘‘(29) the term ‘response action’ means reason- 5 able measures taken after an environmental emer- 6 gency has occurred to avoid, minimize or contain the 7 impact of that environmental emergency, which to 8 that end may include clean-up in appropriate cir- 9 cumstances, and includes determining the extent of 10 that emergency and its impact, except that for pur- 11 poses of this Act, the definition of ‘response’ con- 12 tained in section 101(25) of the Comprehensive En- 13 vironmental Response, Compensation, and Liability 14 Act (42 U.S.C. sec. 9601(25)) shall not apply.’’; 15 16 (2) by inserting after section 4A the following: ‘‘SEC. 4B. PREVENTATIVE MEASURES. 17 ‘‘(a) Operators shall undertake reasonable preventa- 18 tive measures that are designed to reduce the risk of envi19 ronmental emergencies and their potential adverse impact. 20 ‘‘(b) Such preventative measures may include— 21 ‘‘(1) specialized structures or equipment incor- 22 porated into the design and construction of facilities 23 and means of transportation; g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00183 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 184 1 ‘‘(2) specialized procedures incorporated into 2 the operation or maintenance of facilities and means 3 of transportation; and 4 ‘‘(3) specialized training of personnel. 5 ‘‘SEC. 4C. CONTINGENCY PLANS. 6 ‘‘(a) Operators shall— 7 ‘‘(1) establish contingency plans for responses 8 to incidents with potential adverse impacts on the 9 Antarctic environment or dependent and associated 10 ecosystems; and 11 ‘‘(2) cooperate in the formulation and imple- 12 mentation of such contingency plans. 13 ‘‘(b) Such contingency plans shall include, when ap- 14 propriate, the following components: 15 16 ‘‘(1) procedures for conducting an assessment of the nature of the incident; 17 ‘‘(2) notification procedures; 18 ‘‘(3) identification and mobilization of re- 19 sources; 20 ‘‘(4) response plans; 21 ‘‘(5) training; 22 ‘‘(6) record keeping; and 23 ‘‘(7) demobilization. g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00184 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 185 1 ‘‘SEC. 4D. RESPONSE ACTION. 2 ‘‘An operator shall take prompt and effective re- 3 sponse action to environmental emergencies arising from 4 the activities of that operator.’’; 5 (3) by inserting after section 6 the following: 6 ‘‘SEC. 6A. LIABILITY OF NONGOVERNMENTAL OPERATORS. 7 ‘‘(a) LIABILITY.—Whenever, on the basis of informa- 8 tion available to it, a Government of a State Party to 9 Annex VI, other than the United States— 10 ‘‘(1) finds that a nongovernmental operator has 11 failed to take prompt and effective response action 12 to an environmental emergency arising from that op- 13 erator’s activities, as required by section 4D, and 14 ‘‘(2) said Government takes a response action 15 to that environmental emergency, such Government 16 may bring a civil action against that operator to re- 17 cover the costs of such response action in an appro- 18 priate district court in accordance with section 12. 19 Any such operator found to have violated the requirements 20 of section 4D shall be liable to pay to that Government 21 the costs of the response action taken by such Govern22 ment. 23 ‘‘(b) FAILURE TO COMPLY.—Failure of a Govern- 24 ment to comply with the provisions of Article 5, para25 graphs 3, 4 or 5 of Annex VI shall not be a defense to 26 liability under this section. g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00185 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 186 1 ‘‘(c) STRICT LIABILITY.—Liability pursuant to sub- 2 sections (a), (e), (k), and (1) shall be strict. 3 ‘‘(d) JOINT LIABILITY.—When an environmental 4 emergency arises from the activities of two or more non5 governmental operators, they shall be jointly and severally 6 liable under subsection (a), (k), or (I), except that an oper7 ator which establishes that only part of the environmental 8 emergency resulted from its activities shall be liable in re9 spect of that part only. 10 ‘‘(e) CLAIMS.—Any nongovernmental operator may 11 seek contribution from any other nongovernmental oper12 ator that is liable or potentially liable under section 2406 13 of this title. Such claims shall be brought in accordance 14 with this section and the Federal Rules of Civil Procedure, 15 and shall be governed by Federal law. In resolving con16 tribution claims, the court may allocate response costs 17 among liable parties using such equitable factors as the 18 court determines are appropriate. Nothing in this sub19 section shall diminish the right of any person to bring an 20 action for contribution in the absence of a civil action 21 under subsection (a), (k), or (l) of section 7. 22 ‘‘(f) PERIOD IN WHICH ACTIONS MAY BE 23 BROUGHT.— 24 25 ‘‘(1) RESPONSE 12:48 Jan 28, 2020 action under sec- tion 7(a) or (k) of this title must be commenced g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 PERIOD.—An Jkt 000000 (753409 11) PO 00000 Frm 00186 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 187 1 within three years of the commencement of the re- 2 sponse action or within three years of the date on 3 which the Government bringing the action knew or 4 ought reasonably to have known the identity of the 5 nongovernmental operator, whichever is later. In no 6 event shall an action against a nongovernmental op- 7 erator be commenced later than 15 years after the 8 commencement of the response action. 9 ‘‘(2) COST PERIOD.—An action 10 under section 7(e) of this title for contribution to- 11 ward costs incurred pursuant to section 7(a) or (b) 12 must be commenced within three years of the date 13 of judgment in any action under section 7(a) or (k) 14 for recovery of such response costs or in the absence 15 of such an action, within three years of the date that 16 the person seeking contribution knew or ought rea- 17 sonably to have known the identity of the nongovern- 18 mental operator. 19 ‘‘(3) COST CONTRIBUTION PERIOD.—An action 20 under section 7(e) for contribution toward response 21 costs assessed pursuant to section 7(1) must be 22 commenced within three years of the date of the as- 23 sessment or within three years of the date of any 24 judgment under subsection 7(l)(vii), whichever is 25 later. g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 RECOVERY 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00187 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 188 1 ‘‘(g) LIABILITY COST LIMIT.—The maximum amount 2 for which each nongovernmental operator may be liable 3 for the costs of response actions under sections 7(a), 7(k), 4 or 7(1), in respect of each environmental emergency, shall 5 be as follows: 6 7 ‘‘(1) For an environmental emergency arising from an event involving a ship: 8 ‘‘(A) one million SDR for a ship with a 9 tonnage not exceeding 2,000 tons; 10 ‘‘(B) for a ship with a tonnage in excess of 11 2,000 tons, the following amount in addition to 12 that referred to in subparagraph (A): 13 ‘‘(i) for each ton from 2,001 to 14 30,000 tons, 400 SDR; 15 ‘‘(ii) for each ton from 30,001 to 16 70,000 tons, 300 SDR; and 17 ‘‘(iii) for each ton in excess of 70,000 18 tons, 200 SDR; 19 ‘‘(2) For an environmental emergency arising 20 from an event which does not involve a ship, three 21 million SDR. 22 ‘‘(3) For the purposes of this subsection: 23 ‘‘(A) ‘ship’ means a vessel of any type 24 whatsoever operating in the marine environ- 25 ment and includes hydrofoil boats, air-cushion g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00188 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 189 1 vehicles, submersibles, floating craft and fixed 2 or floating platforms; 3 ‘‘(B) ‘SDR’ means the Special Drawing 4 Rights as defined by the International Mone- 5 tary Fund; and 6 ‘‘(C) a ship’s tonnage shall be the gross 7 tonnage calculated in accordance with the ton- 8 nage measurement rules contained in Annex I 9 of the International Convention on Tonnage 10 11 Measurement of Ships, 1969. ‘‘(h) EXCEPTION.—Notwithstanding the provisions of 12 subsection (g), liability shall not be limited if it is proved 13 that the environmental emergency resulted from an act or 14 omission of the operator, committed with the intent to 15 cause such emergency, or recklessly and with knowledge 16 that such emergency would probably result. 17 ‘‘(i) EXCEPTION.—A nongovernmental operator shall 18 not be liable pursuant to subsection (a), subsection (e), 19 subsection (k) or subsection (l) if it proves that the envi20 ronmental emergency was caused by— 21 22 ‘‘(1) an act or omission necessary to protect human life or safety; 23 ‘‘(2) an event constituting in the circumstances 24 of Antarctica a natural disaster of an exceptional 25 character, which could not have been reasonably g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00189 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 190 1 foreseen, either generally or in the particular case, 2 provided all reasonable preventative measures were 3 taken that are designed to reduce the risk of envi- 4 ronmental emergencies and their potential adverse 5 impact; 6 7 ‘‘(3) an act of terrorism by some other person or entity; or 8 ‘‘(4) an act of belligerency by some other per- 9 son or entity against the activities of the operator. 10 ‘‘(j) INSURANCE REQUIREMENT.—Nongovernmental 11 operators shall maintain adequate insurance or other fi12 nancial security, such as the guarantee of a bank or simi13 lar financial institution, to cover liability under section 7 14 of this title up to the limits set forth in subsection (g). 15 ‘‘(k) CIVIL ACTION.—Whenever, on the basis of infor- 16 mation available to it, a department, agency or other in17 strumentality of the United States (i) finds that a non18 governmental operator has failed to take prompt and ef19 fective response action to an environmental emergency 20 arising from its activities, as required by section 4D, and 21 (ii) takes a response action to that environmental emer22 gency, such department, agency or other instrumentality 23 may request the Attorney General to bring a civil action 24 to recover the costs of such response action in an appro25 priate district court in accordance with section 12 of this g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00190 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 191 1 title. Any such operator found to have violated the require2 ments of section 4D shall be liable to the United States 3 for the costs of the response action taken by said depart4 ment, agency or instrumentality. The department, agency, 5 or other instrumentality of the United States that takes 6 a response action under this subsection, or section 9(a), 7 is authorized to retain, in its budget, the monies collected 8 pursuant to this subsection. Such monies shall remain 9 available for expenditure, without further appropriation, 10 until expended by that department, agency or other instru11 mentality. 12 ‘‘(l) NOTIFICATION.—Upon notice that a nongovern- 13 mental operator has failed to take prompt and effective 14 response action to an environmental emergency arising 15 from its activities, as required by section 4D, and no re16 sponse action was taken by any Party to the Protocol, the 17 following procedures shall be followed: 18 ‘‘(1) The Director, after notice and opportunity 19 for a hearing in accordance with subsection (l)(ii), 20 shall assess the cost of the response action that 21 should have been taken and may assess the reason- 22 able costs incurred by the United States under this 23 subsection to determine that cost. The Director is 24 authorized to promulgate regulations to implement 25 this subsection. g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00191 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 192 1 ‘‘(2) Hearings for the assessment of the costs 2 under subsection (l)(i) shall be conducted in accord- 3 ance with section 554 of title 5, United States Code. 4 For the purposes of conducting any such hearing, 5 the Director may issue subpoenas for the attendance 6 and testimony of witnesses and the production of 7 relevant papers, books, and documents, and may ad- 8 minister oaths. Witnesses summoned shall be paid 9 the same fees and mileage that are paid to witnesses 10 in the courts of the United States. In case of contu- 11 macy or refusal to obey a subpoena served upon any 12 person pursuant to this subsection, the district court 13 of the United States for any district in which such 14 person is found, resides, or transacts business, upon 15 application by the United States and after notice to 16 such person, shall have jurisdiction to issue an order 17 requiring such person to appear and give testimony 18 before the Director or to appear and produce docu- 19 ments before the Director and any failure to obey 20 such order of the court may be punished by such 21 court as a contempt thereof. 22 ‘‘(3) Response action costs assessed pursuant to 23 this section shall reflect, as much as possible, the 24 costs of the response action that should have been 25 taken and the maximun1 recovery amount of those g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00192 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 193 1 costs shall be as set forth in subsection (g). Further, 2 the assessment of response action costs pursuant to 3 this section shall not be deemed to preclude the as- 4 sessment of additional civil or criminal penalties for 5 violations of any other provision of this Chapter or 6 any other law. 7 ‘‘(4) At the request of the Director, and with 8 the concurrence of the Secretary of the Department 9 in which the Coast Guard is operating, the Com- 10 mandant of the Coast Guard shall 11 ‘‘(A) render, on a non-reimbursable basis, 12 such assistance that the Director may require, 13 necessary to assess the cost of response action 14 that should have been taken in the case of an 15 environmental emergency caused by the opera- 16 tor’s ship-based activities, including any deter- 17 mination concerning the underlying response 18 activity; and 19 ‘‘(A) conduct, on a non-reimbursable basis, 20 an investigation or an evidentiary hearing, nec- 21 essary to assess the cost of the response action 22 that should have been taken in the case of an 23 environmental emergency caused by the opera- 24 tor’s ship-based activities, including any deter- 25 mination concerning the underlying response g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00193 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 194 1 activity and to submit to the Director proposed 2 findings of fact and recommendations for adju- 3 dication by the Director. 4 ‘‘(5) With regard to any investigation or evi- 5 dentiary hearing conducted pursuant to clause (iv), 6 the Director is authorized to delegate, to the Com- 7 mandant, the authority, set forth in clause (ii), to 8 issue subpoenas and administer oaths, and to pay 9 fees and mileage. In case of contumacy or refusal to 10 obey a subpoena served upon any person pursuant to 11 this clause, the district court of the United States 12 for any district in which such person is found, re- 13 sides, or transacts business, upon application by the 14 United States and after notice to such person, shall 15 have jurisdiction to issue an order requiring such 16 person to appear and give testimony before the 17 agency head or to appear and produce documents 18 before the agency head, and any failure to obey such 19 order of the court may be punished by such court as 20 a contempt thereof. 21 ‘‘(6) The Director shall not commence an ad- 22 ministrative proceeding in accordance with sub- 23 sections (i) and (ii) of this section later than 15 24 years after the United States Government becomes 25 aware of the environmental emergency. g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00194 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 195 1 ‘‘(7) Upon the failure of any operator against 2 whom costs have been assessed under this section to 3 pay such costs, the Director may request the Attor- 4 ney General to institute a civil action in a district 5 court of the United States for any district in which 6 such person is found, resides, or transacts business 7 to collect the costs and such court shall have juris- 8 diction to hear and decide any such action. The 9 court shall hear such action on the record made be- 10 fore the Director pursuant to this section and shall 11 sustain the Director’s decision if it is supported by 12 substantial evidence on the record considered as a 13 whole. 14 ‘‘(m) FEES.—Any monetary recovery under sections 15 (a), (k) and (I) shall, in addition, include all reasonable 16 attorney’s fees and costs. 17 ‘‘(n) ARTICLE 12 FUND.—An amount equal to the 18 amount recovered pursuant to subsection (1) for the cost 19 of the response action that should have been taken shall 20 be forwarded to the fund established pursuant to Article 21 12 of Annex VI. 22 ‘‘(o) EXPENDITURE.—To the extent the department, 23 agency, or other instrumentality of the United States re24 tains monies collected pursuant to this section, such entity 25 is authorized to retain, in its budget, the monies collected g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00195 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 196 1 pursuant to this section. Such monies shall remain avail2 able for expenditure, without further appropriation, until 3 expended by that department, agency or other instrumen4 tality of the United States.’’; 5 (4) in section 6— 6 (A) in subsection (a)— 7 (i) by striking ‘‘Annex II and Annex 8 V’’ and inserting ‘‘Annex II, Annex V and 9 Annex VI’’; and 10 (ii) by striking ‘‘including sections 11 4(b)(2), (3), (4) and (5)’’ and inserting 12 ‘‘including section 3, section 4(b)(2), (3), 13 (4) and (5), section 4D and section 7’’; 14 and 15 (B) in subsection (b), by striking ‘‘to im- 16 plement Annex IV to the Protocol and the pro- 17 visions of this Act which implement that 18 Annex’’ and inserting ‘‘to implement Annex IV 19 and ship-based matters under Annex VI to the 20 Protocol and the provisions of this Act which 21 implement these Annexes’’; 22 (5) in section 9— 23 (A) in subsection (a) by adding ‘‘other 24 than a Federal department, agency or instru- 25 mentality’’ after ‘‘person’’; and g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00196 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 197 1 (B) by striking ‘‘$5,000’’ and inserting 2 ‘‘$10,000’’; 3 (6) in section 11— 4 (A) by striking the section heading and in- 5 serting ‘‘Jurisdiction of Federal courts; venue, 6 review of regulations; service of process’’; 7 (B) by inserting ‘‘(a) U.S. DISTRICT 8 COURTS.—’’ before ‘‘The district courts of the 9 United States shall have exclusive jurisdiction 10 over any case or controversy arising under the 11 provisions of this chapter or of any regulation 12 prescribed, or permit issued, under this chap- 13 ter.’’; and 14 (C) by adding the following subsections at 15 16 the end of the section: ‘‘(b) JURISDICTION.—An action by any Government 17 of a State Party to Annex VI, including the United States, 18 against any person subject to legal action under this chap19 ter may be brought only in a district court in a jurisdiction 20 where such person is located or resides or is doing busi21 ness. A claim for contribution by a nongovernmental oper22 ator under section 2406(e) of this title may be brought 23 in any district in which the defendant resides, may be 24 found, or has his principal office. g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00197 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 198 1 ‘‘(c) LIMITATION.—In any action brought under sec- 2 tion 2406 of this title, process may be served in any dis3 trict where the defendant is found, resides, transacts busi4 ness, or has appointed an agent for the service of proc5 ess.’’. 6 SEC. 714. EFFECTIVE DATE. 7 This subtitle and the amendments made by this sub- 8 title shall take effect upon the entry into force of Annex 9 VI, except that the amendments made by subsections (f) 10 and (g) of section 713 shall take effect immediately upon 11 the enactment of this Act. 13 TITLE VIII—TECHNOLOGY TRANSFER AND INNOVATION 14 SEC. 801. FEDERAL LABORATORY COMPUTER PROGRAMS 12 15 UPDATE. 16 17 (a) UTILIZATION DATE.—Section FEDERAL TECHNOLOGY UP- OF 11 of the Stevenson–Wydler Technology 18 Innovation Act of 1980 (15 U.S.C. 3710) is amended add19 ing at the end the following: 20 ‘‘(j)(1) COPYRIGHT PROTECTION.—Pursuant to sec- 21 tion 105(b)(1) of title 17, United States Code, and subject 22 to the requirements therein, the director of any Govern23 ment-operated Federal laboratory may seek copyright pro24 tection on behalf of the United States in a work described 25 in that section. g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00198 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 199 1 ‘‘(2) GUIDELINES.—The Secretary is authorized to 2 provide guidelines to implement paragraph (1) of this sec3 tion and to provide guidance for the management of works 4 in which copyright protection is obtained.’’. 5 (b) GOVERNMENT WORKS COPYRIGHT UPDATE.— 6 Section 105 of title 17, United States Code is amended— 7 8 (1) by striking ‘‘Copyright protection’’ and inserting ‘‘(a) Copyright protection’’; and 9 10 (2) by adding at the end the following: ‘‘(b) Notwithstanding subsection (a), copyright pro- 11 tection under this title is available for— 12 ‘‘(1) a computer program that is a work of the 13 United States Government and is created at a Fed- 14 eral laboratory, as defined in section 4 of the Ste- 15 venson–Wydler Technology Innovation Act of 1980 16 (15 U.S.C. 3703), and which is a result of research, 17 development, or engineering at the Federal labora- 18 tory, provided that the United States Government 19 makes application for copyright registration under 20 section 409 pursuant to the authority granted under 21 section 11(k) of such Act within 6 months from em- 22 ployee disclosure of the work to the Federal labora- 23 tory, and provided further that a certificate of reg- 24 istration is issued pursuant to section 410 of this g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00199 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 200 1 title or following judicial review pursuant to chapter 2 7 of title 5; and 3 ‘‘(2) standard reference data prepared or made 4 available by the Department of Commerce, provided 5 the copyright is secured by the Secretary of Com- 6 merce in the manner set forth in section 6 of the 7 Standard Reference Data Act (15 U.S.C. 290e).’’. 8 SEC. 802. EXTEND CRADA INFORMATION PROTECTION PE- 9 RIOD. 10 Section 12(c)(7)(B) of the Stevenson–Wydler Tech- 11 nology Innovation Act of 1980 (15 U.S.C. 12 3710a(c)(7)(B)) is amended by striking ‘‘5’’ and inserting 13 ‘‘12’’. 14 SEC. 803. STEVENSON-WYDLER ACT AUTHORITY UPDATE. 15 Section 11 of the Stevenson–Wydler Technology In- 16 novation Act of 1980 (15 U.S.C. 3710(g)) is amended to 17 read as follows: 18 ‘‘(g) FUNCTIONS SECRETARY.—The Secretary OF 19 shall convene an Interagency Working Group for Tech20 nology Transfer comprising those agencies with at least 21 one Federal laboratory to— 22 ‘‘(1) share best practices for realizing the com- 23 mercial potential of inventions and methods and op- 24 tions for commercialization which are available to 25 the Federal laboratories, including research and de- g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00200 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 201 1 velopment limited partnerships and cooperative re- 2 search and development agreements; and 3 ‘‘(2) issue such guidelines as may be necessary 4 to carry out this chapter, acting through the Direc- 5 tor of the National Institute of Standards and Tech- 6 nology and with the concurrence of the Interagency 7 Working Group for Technology Transfer.’’. 8 SEC. 804. ROYALTY PAYMENTS TO FEDERAL EMPLOYEES 9 10 UPDATE. Section 14 of the Stevenson-Wydler Technology Inno- 11 vation Act of 1980 (15 U.S.C. 3710c) is amended— 12 (1) by striking ‘‘inventions’’ each place the term 13 appears and inserting ‘‘inventions and other intellec- 14 tual property’’; 15 (2) by striking ‘‘invention’’ each place the term 16 appears and inserting ‘‘invention or other intellec- 17 tual property’’; 18 19 (3) by striking ‘‘inventors’’ each place the term appears and inserting ‘‘inventors or contributors’’ 20 21 (4) in paragraph (a)(1) after ‘‘shall be’’ inserting ‘‘non-appropriated funds and shall be’’; 22 (5) in clause (a)(1)(A)(i) inserting at the end 23 ‘‘,or to the contributor or co-contributors if a certifi- 24 cate of copyright registration is issued to the United 25 States’’; g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00201 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 202 1 2 (6) in clause (a)(1)(A)(ii) after ‘‘inventor of’’ inserting ‘‘or contributor to’’; 3 (7) by in paragraph (a)(3) striking ‘‘inventor’’ 4 each place the term appears and inserting ‘‘inventor 5 or contributor’’; 6 (8) in paragraph (a)(3) striking ‘‘$150,000’’ 7 each 8 ‘‘500,000’’; 9 place the term appears and inserting (9) at the end of subsection (a) by inserting the 10 following new paragraph: 11 ‘‘(5) Any royalties or other payments received by a 12 Federal agency from the licensing and assignment of 13 works under agreements entered into by Federal labora14 tories under section 12 of this Act, and from the licensing 15 of works by Federal laboratories under any provision of 16 law shall be retained by the agency licensing or assigning 17 the work on behalf of the United States Government and 18 shall be disposed of after payment of any copyright reg19 istration cots. The head of the agency is authorized to dis20 pose of such royalties or other payments through transfer 21 by the agency to its bureaus or laboratories, with the ma22 jority share of the royalties or other payments from any 23 copyright going to the bureau or laboratory where or for 24 which the copyrighted work was made. g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00202 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 203 1 ‘‘(A) The royalties or other payments so trans- 2 ferred to any bureau or laboratory may be used or 3 obligated by that bureau or laboratory during the 4 fiscal year in which they are received or during the 5 2 succeeding fiscal years— 6 ‘‘(i) to reward contributors of copyrighted 7 computer programs; 8 ‘‘(ii) 9 further information exchange among bureaus and laboratories of the agency 10 or with another agency; 11 ‘‘(iii) for education and training of employ- 12 ees consistent with the missions and objectives 13 of the agency, bureau, or laboratory; 14 ‘‘(iv) for payment of expenses incidental to 15 the administration and licensing of intellectual 16 property by the agency or laboratory with re- 17 spect to copyrighted computer programs made 18 at that bureau or laboratory, including the fees 19 or other costs for the services of other agencies, 20 persons, or organizations for intellectual prop- 21 erty management and licensing services; or 22 ‘‘(v) for scientific research and develop- 23 ment consistent with the research and develop- 24 ment missions and objectives of the bureau or 25 laboratory. g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 to 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00203 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 204 1 ‘‘(B) All royalties or other payments retained 2 by the agency, bureau, or laboratory after payments 3 have been made pursuant to subparagraph (A) that 4 is unobligated and unexpended at the end of the sec- 5 ond fiscal year succeeding the fiscal year in which 6 the royalties and other payments were received shall 7 be paid into the Treasury. 8 ‘‘(C) As used in the section, the term ‘contrib- 9 utor’ means a laboratory employee who is a creator 10 of an original expression in a copyrighted computer 11 program.’’; and 12 (10) in subsection (a)(1)(B)— 13 (A) by striking ‘‘; or’’ at the end of clause 14 (iv) and inserting a semicolon; 15 (B) by striking the period at the end of 16 clause (v) and inserting ‘‘; or’’; and 17 (C) by inserting at the end the following: 18 ‘‘(vi) for the acquisition, administra- 19 tion and licensing of intellectual prop- 20 erty.’’. 21 SEC. 805. GOVERNMENT INTELLECTUAL PROPERTY CLARI- 22 23 FICATION. Section 15 of the Stevenson–Wydler Technology In- 24 novation Act of 1980 (15 U.S.C. 3710d) is amended in 25 subsection (a) to read as follows: g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00204 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 205 1 ‘‘(a) IN GENERAL.— 2 ‘‘(1) INVENTION Government 3 shall obtain the entire right, title and interest in and 4 to all inventions made by any Federal employee— 5 ‘‘(A) during working hours; 6 ‘‘(B) with a contribution by the Govern- 7 ment of facilities, equipment, materials, funds, 8 or information, or of time or services of other 9 Federal employees on official duty; or 10 ‘‘(C) within his or her field of research or 11 within his or her official employment responsi- 12 bility and activity. 13 ‘‘(2) DISCLOSURE.—Any invention made by a 14 Federal employee as described in paragraph (1) shall 15 be disclosed by the Federal employee to the agency 16 that employs the Federal employee within 10 months 17 of the earlier of the date of conception or actual re- 18 duction to practice of the invention. The Govern- 19 ment shall obtain the entire right, title, and interest 20 in and to any invention conceived or actually re- 21 duced to practice by a Federal employee that is not 22 disclosed to the Government within 10 months from 23 the earlier of the date of conception or actual reduc- 24 tion to practice of the invention. g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 RIGHTS.—The 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00205 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 206 1 ‘‘(3) PRESUMPTION.—Any invention made by a 2 Federal employee as described in paragraph (1) shall 3 be presumed to be owned by the Government, and 4 the Federal employee is presumptively obligated to 5 assign the entire right, title, and interest in and to 6 the invention to the Government. A Federal em- 7 ployee that disagrees with the presumption of owner- 8 ship and obligation of assignment may request, from 9 the agency employing the Federal employee, a deter- 10 mination of rights in and to the invention and shall 11 do so within 30 days of the disclosure pursuant to 12 paragraph (2). The request shall provide all grounds 13 and justification for leaving rights with the Federal 14 employee. If the request is not made by the em- 15 ployee within the 30 day period, the Government 16 shall retain all right, title, and interest to the inven- 17 tion. 18 ‘‘(4) PATENT a Federal agency 19 which has ownership of or the right of ownership to 20 an invention made by a Federal employee does not 21 intend to file for a patent application or otherwise 22 promote commercialization of such invention, the 23 agency shall (upon request) allow the inventor, if the 24 inventor is a Federal employee or former employee 25 who made the invention during the course of employ- g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 RIGHTS.—If 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00206 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 207 1 ment with the Government, to obtain or retain title 2 to the invention (subject to reservation by the Gov- 3 ernment of a nonexclusive, nontransferable, irrev- 4 ocable, paid-up license to practice the invention or 5 have the invention practiced throughout the world by 6 or on behalf of the Government). In addition, the 7 agency may condition the inventor’s right to title on 8 the timely filing of a patent application in cases 9 when the Government determines that it has or may 10 have a need to practice the invention. 11 ‘‘(5) COMPUTER 12 computer program that is a work of the United 13 States Government and is created at a Federal lab- 14 oratory within section 105(b)(1) of title 17, United 15 States Code, shall be disclosed by the Federal em- 16 ployee who created such program to the Federal lab- 17 oratory that employs the Federal employee. 18 ‘‘(6) AUTHOR RIGHTS.—Any program described 19 in paragraph (5) prepared by a Federal employee 20 within the scope of his or her employment shall be 21 considered a work made for hire and the Govern- 22 ment shall be the author. A Federal employee who 23 discloses as required under paragraph (5) but who 24 contests that the Government is the author may re- 25 quest, from the agency employing the Federal em- g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 PROGRAM DISCLOSURE.—Any 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00207 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 208 1 ployee, a determination of rights in and to the pro- 2 gram and shall do so within 30 days of the disclo- 3 sure pursuant to paragraph (5). The request shall 4 provide all grounds and justification for leaving 5 rights with the Federal employee. If the request is 6 not made by the Federal employee within the 30-day 7 period, the Government shall remain and shall be 8 the author of such program. 9 ‘‘(7) REPORTING EXEMPTION.—Such reporting 10 requirements shall not apply to Federal employees 11 who are otherwise prohibited from applying for or 12 obtaining a patent. The Secretary may issue guide- 13 lines to implement this section.’’. 14 SEC. 806. CLARIFYING CRADA AUTHORITY. 15 Section 12 of the Stevenson–Wydler Technology In- 16 novation Act of 1980 (15 U.S.C. 3710a) is amended— 17 (1) by inserting at the end of the section the 18 following new subsection: 19 ‘‘(h) PATENT OBLIGATION.—Under an agreement 20 entered into pursuant to this section, there is an obligation 21 on the part of the collaborating party, in the event a 22 United States patent application is filed by or on behalf 23 of the collaborating party or by any assignee of the col24 laborating party, to include within the specification of 25 such application and any patent issuing thereon, a state- g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00208 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 209 1 ment specifying that the invention was made with Govern2 ment support and that the Government has certain rights 3 in the invention.’’; and 4 5 (2) by striking subsection (d). SEC. 807. EXPANSION OF AGREEMENTS FOR COMMER- 6 CIALIZING TECHNOLOGY AUTHORITY. 7 The Stevenson–Wydler Technology Innovation Act of 8 1980 (15 U.S. C. 3701 et seq.) is amended by inserting 9 after section 14 the following: 10 ‘‘SEC. 14a. AGREEMENTS FOR COMMERCIALIZING TECH- 11 NOLOGY. 12 13 ‘‘(a) AGREEMENTS WITH NON-FEDERAL ENTITIES.—The head of each Federal agency may permit the 14 director of any of its Government-owned, contractor-oper15 ated laboratories to perform work for non-Federal entities 16 (sponsors) on a fully reimbursable basis and to execute 17 agreements with a non-Federal entity, including a non18 Federal entity already receiving Federal funding that will 19 be used to support activities under the agreements, pro20 vided that such funding is solely used to carry out the 21 purposes of the Federal award. 22 ‘‘(b) RESTRICTION.—The requirements of chapter 18 23 of title 35, United States Code (commonly known as the 24 ‘Bayh-Dole Act’), shall apply if— g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00209 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 210 1 ‘‘(1) the agreement is a funding agreement (as 2 that term is defined in section 201 of such title); 3 and 4 ‘‘(2) at least one of the parties to the funding 5 agreement is eligible to receive rights under that 6 chapter. 7 ‘‘(c) SUBMISSION TO AGENCY.—Each affected direc- 8 tor of a Government-owned, contractor-operated labora9 tory shall submit to the head of the Federal agency, with 10 respect to each agreement entered into under this sec11 tion— 12 13 ‘‘(1) a summary of information relating to the relevant project; 14 ‘‘(2) the total estimated costs of the project; 15 ‘‘(3) estimated commencement and completion 16 dates of the project; and 17 ‘‘(4) other documentation determined to be ap- 18 propriate by the head of the Federal agency. 19 ‘‘(d) CERTIFICATION.—The head of the Federal 20 agency shall require the contractor of the affected Govern21 ment-owned, contractor-operated laboratory to certify that 22 each activity carried out under a project for which an 23 agreement is entered into under this section— 24 25 ‘‘(1) is not in direct competition with the private sector; and g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00210 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 211 1 ‘‘(2) does not present, or minimizes, any appar- 2 ent conflict of interest, and avoids or neutralizes any 3 actual conflict of interest, as a result of the agree- 4 ment under this section. 5 ‘‘(e) LIMITATION.—This authority only pertains to 6 Federal agencies that do not have agency-specific authori7 ties for Agreements for Commercializing Technology else8 where in statute.’’. 9 SEC. 808. OTHER TRANSACTION AUTHORITY. 10 The Stevenson–Wydler Technology Innovation Act of 11 1980 (15 U.S.C. 3701 et seq.) is amended by inserting 12 after section 15 the following: 13 ‘‘SEC. 15A. OTHER TRANSACTIONS. 14 ‘‘(a) GENERAL AUTHORITY.— 15 ‘‘(1) PERMISSION.—Each Federal agency may 16 permit the director of any of its Government-oper- 17 ated Federal laboratories to enter into such other 18 transactions as may be necessary in the conduct of 19 the work of the Federal laboratory and on such 20 terms as the director of the Federal laboratory con- 21 siders appropriate, in furtherance of the purposes of 22 this Act. 23 ‘‘(2) DISCLOSURE.—The Federal agency may 24 protect from disclosure, for up to 12 years after the 25 date on which the information is developed, any in- g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00211 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 212 1 formation developed pursuant to a transaction under 2 this section that would be protected from disclosure 3 under section 552(b)(4) of title 5, United States 4 Code, if obtained from a person other than a Fed- 5 eral agency. 6 ‘‘(3) AUTHORITY LIMITATION.—This authority 7 only pertains to Federal agencies that do not have 8 agency-specific authorities for other transactions 9 elsewhere in statute. 10 ‘‘(b) LIMITATIONS.—A Federal laboratory using the 11 authorities granted in subsection (a) may only enter into 12 such other transactions when— 13 ‘‘(1) a warranted contracting officer determines 14 that use of other authority of the Federal agency 15 would be insufficient to achieve the purposes of this 16 Act; and 17 ‘‘(2) use of such other transaction is approved 18 19 by the Federal agency.’’. SEC. 809. NONPROFIT FOUNDATIONS. 20 The Stevenson–Wydler Technology Innovation Act of 21 1980 (15 U.S.C. 3701 et seq.) is further amended by add22 ing at the end the following: 23 ‘‘SEC. 29. FOUNDATIONS. 24 ‘‘(a) IN GENERAL.—A Government-owned Federal 25 laboratory may establish or enter into an agreement with g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00212 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 213 1 a nonprofit organization to establish a Federal laboratory 2 Foundation in support of its mission. Such a Foundation 3 shall not be an agency or instrumentality of the United 4 States Government, and the United States shall not be 5 liable for any debts, defaults, acts, or omissions of the 6 Foundation. 7 ‘‘(b) PURPOSE.—The purpose of a Foundation estab- 8 lished under this section shall be to support the Govern9 ment-owned Federal laboratory in its mission. 10 ‘‘(c) ACTIVITIES.—Activities of the Foundation may 11 include the following: 12 ‘‘(1) The receipt, administration, solicitation, 13 acceptance and use of funds, gifts, devises, or be- 14 quests, either absolutely or in trust of real or per- 15 sonal property or any income therefrom or other in- 16 terest or equity therein for the benefit of, or in con- 17 nection with, the mission of the Government-owned 18 Federal laboratory. A gift, devise, or bequest may be 19 accepted by the Foundation even though it is encum- 20 bered, restricted, or subject to beneficial interests of 21 private persons if any current or future interest 22 therein is for the benefit of the Federal laboratory 23 in its research and development activities. Contribu- 24 tions, gifts, and other transfers made to or for the 25 use of a Foundation established under this section g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00213 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 214 1 shall be regarded as contributions, gifts, or transfers 2 to or for the use of the United States. 3 ‘‘(2) The conduct of support studies, competi- 4 tions, projects, research and other activities that fur- 5 ther the purposes of the Foundation. 6 ‘‘(3) Programs for fostering collaboration and 7 partnerships with researches from the Federal and 8 State governments, institutions of higher education, 9 federally funded research and development centers, 10 industry and nonprofit organizations for the re- 11 search, development or commercialization of feder- 12 ally supported technologies. 13 ‘‘(4) Programs for leveraging technologies to 14 support new product development that supports re- 15 gional economic development. 16 17 ‘‘(5) Administering prize competitions to accelerate private sector competition and investment. 18 ‘‘(6) Provision of fellowships and grants to re- 19 search and development personnel at, or affiliated 20 with, federally funded centers. Such fellowships and 21 grants may include stipends, travel, health insurance 22 benefits and other appropriate expenses. The recipi- 23 ents of fellowships shall be selected by the donors 24 and the Foundation upon the recommendation of the 25 employees in the Federal laboratory where the fellow g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00214 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 215 1 would serve, and shall be subject to agreement of the 2 head of the agency whose mission is supported by 3 the Foundation. 4 ‘‘(7) Supplementary programs to provide for— 5 ‘‘(A) scientists of other countries to serve 6 in research capacities in the United States in 7 association with the Federal laboratory whose 8 mission the Foundation supports, or elsewhere, 9 or opportunities for employees of the Federal 10 laboratory whose mission the Foundation sup- 11 ports to serve in such capacities in other coun- 12 tries, or both; 13 ‘‘(B) the conduct and support of studies, 14 projects, and research, that may include sti- 15 pends, travel and other support for personnel in 16 collaboration with national and international 17 nonprofit and for-profit organizations; 18 ‘‘(C) the conduct and support of forums, 19 meetings, conferences, courses, and training 20 workshops that may include undergraduate, 21 graduate, post-graduate, and post-doctoral ac- 22 credited courses and the maintenance of accred- 23 itation of such courses by the Foundation at 24 the State and national level for college or con- 25 tinuing education credits or for degrees; g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00215 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 216 1 ‘‘(D) programs to support and encourage 2 teachers and students of science at all levels of 3 education and programs for the general public 4 which promote the understanding of science; 5 ‘‘(E) programs for writing, editing, print- 6 ing, publishing, and vending of books and other 7 materials; and 8 ‘‘(F) the conduct of other activities to 9 carry out and support the purpose described in 10 subsection (b). 11 ‘‘(d) TRANSFER OF FUNDS.—Notwithstanding any 12 other provision of law, a Foundation established under 13 this section may transfer funds to the Government-owned 14 Federal laboratory and the Government-owned Federal 15 laboratory may accept transfers of funds from the Foun16 dation.’’. 17 SEC. 810. IMPROVING REPORTING AND METRICS. 18 Section 11 of the Stevenson–Wydler Technology In- 19 novation Act of 1980 (15 U.S.C. 3710) is amended by 20 striking subsections (f) and (g) and inserting the fol21 lowing: 22 ‘‘(f) AGENCY REPORTS ON UTILIZATION.— 23 ‘‘(1) IN Federal agency which 24 operates or directs one or more Federal laboratories 25 or which conducts activities under subsection (k) of g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 GENERAL.—Each 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00216 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 217 1 this section or sections 207 and 209 of title 35, 2 United States Code, shall report annually to the Of- 3 fice of Management and Budget, on the activities 4 performed by that agency and its Federal labora- 5 tories under the provisions of this section and of sec- 6 tions 207 and 209 of such title 35. 7 ‘‘(2) CONTENTS.—The report shall include— 8 ‘‘(A) an explanation of the agency’s tech- 9 nology transfer activities for the preceding fis- 10 cal year and the agency’s plans to manage inno- 11 vations with commercial promise consistent with 12 the agency’s mission and benefitting the com- 13 petitiveness of United States industry; and 14 ‘‘(B) information on technology transfer 15 activities for the preceding fiscal year, includ- 16 ing— 17 ‘‘(i) the number of patent applications 18 filed; 19 ‘‘(ii) the number of patents received; 20 ‘‘(iii) the number of works registered 21 for copyright protection in the United 22 States on behalf of the United States, pur- 23 suant to section 105(b) of title 17, United 24 States Code; g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00217 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 218 1 ‘‘(iv) the number of fully-executed li- 2 censes which received income from licens- 3 ing in the preceding fiscal year; 4 ‘‘(v) the total income from licensing; 5 ‘‘(vi) the number of licenses termi- 6 nated for cause; 7 ‘‘(vii) the number of collaborative re- 8 search and development relationships; and 9 ‘‘(viii) any other parameters or discus- 10 sion that the agency deems relevant or 11 unique to its practice of technology trans- 12 fer. 13 ‘‘(3) COPY agency shall 14 transmit a copy of the report to the Secretary of 15 Commerce for inclusion in the annual summary re- 16 quired by subsection (g)(2). 17 ‘‘(4) PUBLIC AVAILABILITY.—Each Federal 18 agency reporting under this subsection shall make 19 available to the public through Internet sites, up- 20 dated at least annually— 21 ‘‘(A) the information contained in such re- 22 port; 23 ‘‘(B) information on intellectual property 24 which is available for licensing from the Federal 25 agency; and g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 TO SECRETARY.—The 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00218 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 219 1 ‘‘(C) information on Federal research and 2 development programs, facilities, equipment and 3 tools, expertise, services, and other relevant as- 4 sets which are made available to the public by 5 the Federal agency. 6 ‘‘(5) PUBLICATION BY NIST.—The Director of 7 the National Institute of Standards and Technology 8 is authorized to provide the summary required by 9 subsection (g)(2) to the public through Internet 10 11 sites.’’. SEC. 811. INNOVATIVE APPROACHES TO TECHNOLOGY 12 13 TRANSFER. Section 9(jj) of the Small Business Act (15 U.S.C. 14 638(jj)) is amended to read as follows: 15 ‘‘(jj) INNOVATIVE APPROACHES TO TECHNOLOGY 16 TRANSFER.— 17 ‘‘(1) GRANT 18 ‘‘(A) IN GENERAL.—Each Federal agency 19 required by subsection (n) to establish an 20 STTR program shall carry out a grant program 21 to support innovative approaches to technology 22 transfer at institutions of higher education (as 23 defined in section 101(a) of the Higher Edu- 24 cation Act of 1965 (20 U.S.C. 1001(a)), non- 25 profit research institutions and Federal labora- g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 PROGRAM.— 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00219 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 220 1 tories in order to accelerate the commercializa- 2 tion of federally funded research and technology 3 by small business concerns, including new busi- 4 nesses. 5 ‘‘(B) 6 OF GRANTS AND AWARDS.— 7 ‘‘(i) IN GENERAL.—Each Federal 8 agency required by subparagraph (A) to 9 participate in this program, shall award, 10 through a competitive, merit-based process, 11 grants, in the amounts listed in subpara- 12 graph (C) to institutions of higher edu- 13 cation, technology transfer organizations 14 that facilitate the commercialization of 15 technologies developed by one or more such 16 institutions of higher education, Federal 17 laboratories, other public and private non- 18 profit entities, and consortia thereof, for 19 initiatives that help identify high-quality, 20 commercially viable federally funded re- 21 search and technologies and to facilitate 22 and accelerate their transfer into the mar- 23 ketplace. g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 AWARDING 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00220 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 221 1 ‘‘(ii) USE sup- 2 ported by grants under this subsection 3 may include— 4 ‘‘(I) providing early-stage proof 5 of concept funding for translational 6 research; 7 ‘‘(II) identifying research and 8 technologies at recipient institutions 9 that have the potential for accelerated 10 commercialization; 11 ‘‘(III) technology maturation 12 funding to support activities such as 13 prototype 14 analysis, product comparison, and col- 15 lecting performance data; construction, experiment 16 ‘‘(IV) technical validations, mar- 17 ket research, clarifying intellectual 18 property rights position and strategy, 19 and 20 business opportunities; and investigating commercial and 21 ‘‘(V) programs to provide advice, 22 mentoring, entrepreneurial education, 23 project management, and technology 24 and business development expertise to 25 innovators and recipients of tech- g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 OF FUNDS.—Activities 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00221 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 222 1 nology transfer licenses to maximize 2 commercialization potential. 3 ‘‘(iii) SELECTION 4 PLICATIONS.—Qualifying 5 ing a grant under this subsection shall 6 submit an application to a Federal agency 7 required by subparagraph (A) to partici- 8 pate in this program at such time, in such 9 manner, and containing such information 10 as the agency may require. The application 11 shall include, at a minimum— institutions seek- 12 ‘‘(I) a description of innovative 13 approaches to technology transfer, 14 technology development, and commer- 15 cial readiness that have the potential 16 to increase or accelerate technology 17 transfer outcomes and can be adopted 18 by other qualifying institutions, or a 19 demonstration of proven technology 20 transfer and commercialization strate- 21 gies, or a plan to implement proven 22 technology 23 cialization strategies, that can achieve 24 greater commercialization of federally g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 PROCESS AND AP- 12:48 Jan 28, 2020 Jkt 000000 transfer and commer- (753409 11) PO 00000 Frm 00222 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 223 1 funded research and technologies with 2 program funding; 3 ‘‘(II) a description of how the 4 qualifying institution will contribute 5 to local and regional economic devel- 6 opment efforts; and 7 ‘‘(III) a plan for sustainability 8 beyond the duration of the funding 9 award. 10 ‘‘(iv) 11 OVERSIGHT BOARDS.— 12 ‘‘(I) IN GENERAL.—Successful 13 proposals shall include a plan to as- 14 semble a Program Oversight Board, 15 the members of which shall have tech- 16 nical, scientific, or business expertise 17 and shall be drawn from industry, 18 start-up companies, venture capital, 19 technical enterprises, financial institu- 20 tions, and business development orga- 21 nizations. 22 ‘‘(II) PROGRAM OVERSIGHT 23 BOARDS 24 gram Oversight Boards shall— g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 PROGRAM 12:48 Jan 28, 2020 Jkt 000000 RESPONSIBILITIES.—Pro- (753409 11) PO 00000 Frm 00223 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 224 1 ‘‘(aa) establish award pro- 2 grams for individual projects; 3 ‘‘(bb) provide rigorous eval- 4 uation of project applications; 5 ‘‘(cc) which 6 projects should receive awards, in 7 accordance with guidelines estab- 8 lished 9 (C)(ii); under subparagraph 10 ‘‘(dd) establish milestones 11 and associated award amounts 12 for projects that reach mile- 13 stones; 14 ‘‘(ee) determine whether 15 awarded projects are reaching 16 milestones; and 17 ‘‘(ff) develop a process to re- 18 allocate 19 amounts from projects that are 20 not reaching milestones to other 21 projects with more potential. 22 ‘‘(C) GRANT 23 outstanding award AND AWARD AMOUNTS.— ‘‘(i) GRANT AMOUNTS.—Each Federal 24 agency required by subparagraph (A) to 25 carry out a grant program may make g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 determine 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00224 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 225 1 grants to a qualifying institution for up to 2 $1,000,000 per year for up to 3 years. 3 ‘‘(ii) AWARD quali- 4 fying institution that receives a grant 5 under subparagraph (B) shall provide 6 awards for individual projects of not more 7 than $150,000, to be provided in phased 8 amounts, based on reaching the milestones 9 established by the qualifying institution’s 10 Program Oversight Board. 11 ‘‘(D) AUTHORIZED EXPENDITURES 12 INNOVATIVE 13 TRANSFER GRANT PROGRAM.— APPROACHES TO FOR TECHNOLOGY 14 ‘‘(i) PERCENTAGE.—The percentage 15 of the extramural budget each Federal 16 agency required by subsection (n) to estab- 17 lish an STTR program shall expend on the 18 Innovative 19 Transfer Grant Program shall be— 20 Approaches to cal years 2014 and 2015; and 22 ‘‘(II) 0.1 percent for each of fis- 23 cal years 2016 and 2017. 24 ‘‘(ii) 25 TURES.—Any g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) 12:48 Jan 28, 2020 Technology ‘‘(I) 0.05 percent for each of fis- 21 VerDate Mar 15 2010 AMOUNTS.—Each Jkt 000000 TREATMENT OF EXPENDI- portion of the extramural (753409 11) PO 00000 Frm 00225 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 226 1 budget expended by a Federal agency on 2 the Innovative Approaches to Technology 3 Transfer Grant Program shall apply to- 4 wards the agency’s expenditure require- 5 ments under subsection (n). 6 7 ‘‘(2) PROGRAM LECTION AND DISSEMINATION.— 8 ‘‘(A) EVALUATION 9 LECTION.—Each PLAN AND DATA COL- Federal agency required by 10 paragraph (1)(A) to establish an Innovative Ap- 11 proaches to Technology Transfer Grant Pro- 12 gram shall develop a program evaluation plan 13 and collect annually such information from 14 grantees as is necessary to assess the Program. 15 Program evaluation plans shall require the col- 16 lection of data aimed at identifying outcomes 17 resulting from the transfer of technology with 18 assistance from the Innovative Approaches to 19 Technology Transfer Grant Program, such as— 20 ‘‘(i) specific follow-on funding identi- 21 fied or obtained, including follow-on fund- 22 ing sources, such as Federal sources or 23 private sources; 24 ‘‘(ii) number of projects which result 25 in a license to a start-up company or an g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 EVALUATION AND DATA COL- 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00226 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 227 1 established company with sufficient re- 2 sources 3 within 5 years of receiving an award under 4 paragraph (1); 5 effective commercialization ‘‘(iii) invention disclosures and pat- 6 ents; 7 ‘‘(iv) number of projects supported by 8 qualifying institutions receiving a grant 9 under paragraph (1) that secure Phase I 10 or Phase II SBIR or STTR awards; 11 ‘‘(v) available information on revenue, 12 sales or other measures of products that 13 have been commercialized as a result of 14 projects awarded under paragraph (1); 15 ‘‘(vi) number and location of jobs cre- 16 ated resulting from projects awarded under 17 paragraph (1); and 18 ‘‘(vii) other data as deemed appro- 19 priate by a Federal agency required by this 20 subparagraph to develop a program evalua- 21 tion plan. 22 ‘‘(B) EVALUATIVE REPORT TO CON- 23 GRESS.—The 24 participates in the Innovative Approaches to 25 Technology Transfer Grant Program shall sub- g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 for 12:48 Jan 28, 2020 Jkt 000000 head of each Federal agency that (753409 11) PO 00000 Frm 00227 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 228 1 mit to the Committee on Science, Space, and 2 Technology and the Committee on Small Busi- 3 ness of the House of Representatives and the 4 Committee on Small Business and Entrepre- 5 neurship of the Senate an evaluative report re- 6 garding the activities of the program. The re- 7 port shall include— 8 ‘‘(i) a detailed description of the im- 9 plementation of the program; 10 ‘‘(ii) a detailed description of the 11 grantee selection process; 12 ‘‘(iii) an accounting of the funds used 13 in the program; and 14 ‘‘(iv) a summary of the data collected 15 under subparagraph (A). 16 ‘‘(C) DATA the pur- 17 poses of program transparency and dissemina- 18 tion of best practices, the Administrator shall 19 include on the public database under subsection 20 (k)(1) information on the Innovative Ap- 21 proaches to Technology Transfer Grant Pro- 22 gram, including— 23 ‘‘(i) the program evaluation plan re- 24 quired under subparagraph (A); g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 DISSEMINATION.—For 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00228 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 229 1 ‘‘(ii) a list of recipients of awards 2 under paragraph (1); and 3 ‘‘(iii) information on the use of grants 4 under paragraph (1) by recipient institu- 5 tions.’’. 6 SEC. 812. DOE PUBLIC-PRIVATE PARTNERSHIPS FOR COM- 7 8 MERCIALIZATION. (a) IN GENERAL.—Subject to subsections (b) and (c), 9 the Secretary of Energy shall delegate to directors of the 10 National Laboratories signature authority with respect to 11 any agreement described in subsection (b) the total cost 12 of which (including the National Laboratory contributions 13 and project recipient cost share) is less than $1,000,000, 14 if such an agreement falls within the scope of— 15 (1) a strategic plan for the National Laboratory 16 that has been approved by the Department of En- 17 ergy; or 18 (2) the most recent congressionally approved 19 budget for Department of Energy activities to be 20 carried out by the National Laboratory. 21 (b) AGREEMENTS.—Subsection (a) applies to— 22 23 (1) a cooperative research and development agreement; 24 25 (2) a non-Federal work-for-others agreement; and g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00229 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 230 1 (3) any other agreement determined to be ap- 2 propriate by the Secretary of Energy, in collabora- 3 tion with the directors of the National Laboratories. 4 (c) ADMINISTRATION.— 5 (1) ACCOUNTABILITY.—The director of the af- 6 fected National Laboratory and the affected con- 7 tractor shall carry out an agreement under this sec- 8 tion in accordance with applicable policies of the De- 9 partment of Energy, including by ensuring that the 10 agreement does not compromise any national secu- 11 rity, economic, or environmental interest of the 12 United States. 13 (2) CERTIFICATION.—The director of the af- 14 fected National Laboratory and the affected con- 15 tractor shall certify that each activity carried out 16 under a project for which an agreement is entered 17 into under this section does not present, or mini- 18 mizes, any apparent conflict of interest, and avoids 19 or neutralizes any actual conflict of interest, as a re- 20 sult of the agreement under this section. 21 (3) AVAILABILITY 30 22 days of entering an agreement under this section, 23 the director of a National Laboratory shall submit 24 to the Secretary of Energy for monitoring and re- g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 OF RECORDS.—Within 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00230 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 231 1 view all records of the National Laboratory relating 2 to the agreement. 3 (4) RATES.—The director of a National Lab- 4 oratory may charge higher rates for services per- 5 formed under a partnership agreement entered into 6 pursuant to this section, regardless of the full cost 7 of recovery, if such funds are used exclusively to 8 support further research and development activities 9 at the respective National Laboratory. 10 (d) EXCEPTION.—This section does not apply to any 11 agreement with a majority foreign-owned company. 12 (e) CONFORMING AMENDMENT.—Section 12 of the 13 Stevenson-Wydler Technology Innovation Act of 1980 (15 14 U.S.C. 3710a) is amended— 15 (1) in subsection (a)— 16 (A) by redesignating paragraphs (1) and 17 (2) as subparagraphs (A) and (B), respectively; 18 (B) by striking ‘‘Each Federal agency’’and 19 inserting the following: 20 ‘‘(1) IN 21 as provided in para- graph (2), each Federal agency’’; and 22 (C) by adding at the end the following: 23 ‘‘(2) EXCEPTION.—Notwithstanding paragraph 24 (1), in accordance with section 813(a) of the Secur- 25 ing American Leadership in Science and Technology g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 GENERAL.—Except 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00231 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2 G:\CMTE\SC\16\COMPETES2020\R\COMPETES2020.XML 232 1 Act of 2020, approval by the Secretary of Energy 2 shall not be required for any technology transfer 3 agreement proposed to be entered into by a National 4 Laboratory of the Department of Energy, the total 5 cost of which (including the National Laboratory 6 contributions and project recipient cost share) is less 7 than $1,000,000.’’; and 8 (2) in subsection (b), by striking ‘‘subsection 9 (a)(1)’’ each place it appears and inserting ‘‘sub- 10 section (a)(1)(A)’’. 11 (f) SAVINGS CLAUSE.—Nothing in this section or an 12 amendment made by this section abrogates or otherwise 13 affects the primary responsibilities of any National Lab14 oratory to the Department of Energy. g:\VHLC\012820\012820.130.xml January 28, 2020 (12:48 p.m.) VerDate Mar 15 2010 12:48 Jan 28, 2020 Jkt 000000 (753409 11) PO 00000 Frm 00232 Fmt 6652 Sfmt 6201 C:\USERS\JWGROSS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\COMPETES2