,,ii #aafth ,,congress #b;d ,session ,s4 #dcbd ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #bg1 #bjbj,mr4 ,graham 7for himself1 ,mr4 ,burr1 and ,mr4 ,daines7 introduced the following bill2 which was read twice and referred to the ,committee on ,finance ,a ,,bill ,to facilitate the availability1 development1 and production of domestic resources to meet national personal protective equipment and material needs1 and ensure ,american leadership in advanced research and development and semiconductor manufacturing4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,restoring ,critical ,supply ,chains and ,intellectual ,property ,act4 7b7 ,table of contents ,the table of contents is as follows3 ,sec4 #a4 ,short title2 table of contents4,,title ,i--,u4,s4 ,,made ,act,sec4 #aja4 ,short title4,sec4 #ajb4 ,domestic purchasing requirement for personal protective equipment acquisitions for the ,strategic ,national ,stockpile4,sec4 #ajc4 ,investment credit for qualifying medical personal protective equipment manufacturing projects4,sec4 #ajd4 ,special rules for transfers of intangible property relating to medical personal protective equipment to ,united ,states shareholders4,,title ,,ii--,safeguarding ,american ,innovation,sec4 #bja4 ,short title4,sec4 #bjb4 ,definitions4,sec4 #bjc4 ,federal ,research ,security ,council4,sec4 #bjd4 ,federal grant application fraud4,sec4 #bje4 ,restricting the acquisition of goods1 technologies1 and sensitive information to certain aliens4,sec4 #bjf4 ,limitations on educational and cultural exchange programs4,sec4 #bjg4 ,amendments to disclosures of foreign gifts4,,title ,,iii--,,chips for ,america ,act 7,creating ,helpful ,incentives to ,produce ,semiconductors for ,america7,sec4 #cja4 ,semiconductor incentive grants4,sec4 #cjb4 ,department of ,defense4,sec4 #cjc4 ,department of ,commerce study on status of microelectronics technologies in the ,united ,states industrial base4,sec4 #cjd4 ,funding for development and adoption of measurably secure microelectronics and measurably secure microelectronics supply chains4,sec4 #cje4 ,advanced semiconductor research and design4,sec4 #cjf4 ,prohibition relating to foreign adversaries4,,title ,,iv--,critical minerals,sec4 #dja4 ,mineral security4,sec4 #djb4 ,rare earth element advanced coal technologies4 ,i ,u4,s4 ,,made ,act #aja4 ,short title ,this title may be cited as the ,united ,states ,manufacturing ,availability of ,domestic ,equipment ,act or the ,u4,s4 ,,made ,act of #bjbj4 #ajb4 ,domestic purchasing requirement for personal protective equipment acquisitions for the ,strategic ,national ,stockpile ,section #cai;,f-#b7;a7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;d-#f;b7a77 is amended by adding at the end the following3 7#f7 ,domestic procurement requirement for personal protective equipment 7,a7 ,requirement ,except as provided in subparagraphs 7,c7 and 7,d71 funds appropriated or otherwise available to the ,secretary for the ,strategic ,national ,stockpile may not be used for the procurement of an item described in subparagraph 7,b7 unless the item was grown1 reprocessed1 reused1 or produced in the ,united ,states4 7,b7 ,covered items ,an item described in this subparagraph is an article or item of-- 7i7 personal protective equipment and clothing 7and the materials and components thereof71 other than sensors1 electronics1 or other items added to1 and not normally associated with1 such personal protective equipment2 7ii7 sanitizing supplies and ancillary medical supplies such as disinfecting wipes1 privacy curtains1 beds and bedding1 testing swabs1 gauze and bandages1 tents1 tarpaulins1 covers1 or bags2 or 7iii7 any other textile medical supplies and textile equipment described in paragraph 7#a74 7,c7 ,availability exception ,subparagraph 7,a7 shall not apply to an item described in subparagraph 7,b7-- 7i7 that is1 or that includes1 a material listed in section #be4ajd of the ,federal ,acquisition ,regulation as one for which a non-availability determination has been made2 7ii7 as to which the ,secretary determines that a sufficient quantity of a satisfactory quality of such item that is grown1 reprocessed1 reused1 or produced in the ,united ,states cannot be procured as1 and when1 needed2 or 7iii7 if1 after maximizing to the extent feasible sources consistent with subparagraph 7,a71 the ,secretary certifies every #ij days that it is necessary to procure products under this paragraph under expedited procedures to respond to the immediate needs of a public health emergency pursuant to section #cai4 7,d7 ,exception for small procurements ,subparagraph 7,a7 shall not apply to procurements for amounts that do not exceed #aej1jjj4 ,a proposed procurement for an amount in excess of #aej1jjj may not be divided into several procurements or contracts for lesser amounts in order to qualify for the exception under this subparagraph4 7,e7 ,consultation ,the ,secretary shall consult with the ,united ,states ,trade ,representative on a matter under this subsection that concerns an obligation of the ,united ,states under any international trade agreement4 7,f7 ,notification required within #g days after procurement contract award if certain exceptions applied ,in the case of any procurement contracts of an item described in subparagraph 7,b71 if the ,secretary applies the exception described in subparagraph 7,c7 with respect to that procurement contract1 the ,secretary shall1 not later than #g days after the awarding of the procurement contract1 post a notification that the exception has been applied on the relevant ,internet website maintained by the ,general ,services ,administration1 except for any information that is exempt from mandatory disclosure under section #eeb of title #e1 ,united ,states ,code4 7,g7 ,training during fiscal year #bjba 7i7 ,in general ,the ,secretary shall ensure that each member of the acquisition workforce in the ,department of ,health and ,human ,services who participates substantially on a regular basis in procurements related to the maintenance of the ,strategic ,national ,stockpile receives training during fiscal year #bjba on the requirements of this paragraph4 7ii7 ,inclusion of information in new training programs ,the ,secretary shall ensure that any training program for the acquisition workforce1 as described in clause 7i71 developed or implemented after fiscal year #bjba1 includes comprehensive information on the requirements described in subparagraph 7,a74 7,h7 ,effective date ,the ,secretary shall increase the percentage of contracts by value entered into for products described in subparagraph 7,b7 incrementally to #ajj percent as soon as practicable1 but in no event later than the end of the #e-year period beginning on the date of enactment of this paragraph4 ,the ,secretary shall notify the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate and the ,committee on ,energy and ,commerce of the ,house of ,representatives within #fj days of such date of enactment regarding the percentage of products described in subparagraph 7,b7 that meet the requirements of this paragraph4 7,i7 ,report ,not later than #ij days after the date of enactment of this paragraph1 the ,secretary shall submit to the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate and the ,committee on ,energy and ,commerce of the ,house of ,representatives a report assessing the implementation of this paragraph and the feasibility of applying the requirements of this paragraph to-- 7i7 not less than #ej percent of contracts by value entered into for products described in subparagraph 7,b7 by ,september #cj1 #bjba2 7ii7 not less than #ge percent of contracts by value entered into for products described in subparagraph 7,b7 by ,march #ca1 #bjbb2 and 7iii7 not less than #ajj percent of contracts by value entered into for products described in subparagraph 7,b7 by a date that is not less than #b years after the date of enactment of this paragraph4 4 #ajc4 ,investment credit for qualifying medical personal protective equipment manufacturing projects 7a7 ,in general ,subpart ,e of part ,,iv of subchapter ,a of chapter #a of the ,internal ,revenue ,code of #aihf is amended by inserting after section #dh;,c the following new section3 #dh;,d4 ,qualifying medical personal protective equipment manufacturing project credit 7a7 ,in general ,for purposes of section #df1 the qualifying medical personal protective equipment manufacturing project credit for any taxable year is an amount equal to #cj percent of the qualified investment for such taxable year with respect to any qualifying medical personal protective equipment manufacturing project of the taxpayer4 7b7 ,qualified investment 7#a7 ,in general ,for purposes of subsection 7a71 the qualified investment for any taxable year is-- 7,a7 in the case of any eligible property placed in service by the taxpayer during such taxable year1 the basis of such property1 and 7,b7 in the case of any property previously placed in service by the taxpayer during any period before such taxable year which qualifies as eligible property for such taxable year1 the adjusted basis of such property 7as determined as of the beginning of such taxable year74 7#b7 ,certain qualified progress expenditures rules made applicable ,rules similar to the rules of subsections 7c77#d7 and 7d7 of section #df 7as in effect on the day before the enactment of the ,revenue ,reconciliation ,act of #aiij7 shall apply for purposes of this section4 7#c7 ,limitation ,the amount which is treated as the qualified investment for all taxable years with respect to any qualifying medical personal protective equipment manufacturing project shall not exceed the amount designated by the ,secretary as eligible for the credit under this section4 7c7 ,definitions 7#a7 ,qualifying medical personal protective equipment manufacturing project 7,a7 ,in general ,the term qualifying medical personal protective equipment manufacturing project means a project-- 7i7 which re-equips1 expands1 establishes1 or continues a manufacturing facility for the production of-- 7,i7 any item described in paragraph 7#f77;,b7 of section #cai;,f-#b7;a7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;d-#f;b7a771 or 7,,ii7 any textile products for medical applications which are not described in subclause 7,i71 as identified by the ,secretary1 in consultation with the ,secretary of ,health and ,human ,services1 and 7ii7 any portion of the qualified investment of which is certified by the ,secretary under subsection 7d7 as eligible for a credit under this section4 7,b7 ,exception ,subclause 7,i7 of subparagraph 7,a77i7 shall not include sensors1 electronics1 or other items added to1 and not normally associated with1 equipment or clothing described in such subclause4 7#b7 ,eligible property ,the term eligible property means any property-- 7,a7 which is necessary for the production of property described in paragraph 7#a77;,a77i71 7,b7 which is-- 7i7 tangible personal property1 or 7ii7 other tangible property 7not including a building or its structural components71 but only if such property is used as an integral part of the manufacturing facility described in such paragraph1 7,c7 with respect to which depreciation 7or amortization in lieu of depreciation7 is allowable1 and 7,d7 which is part of a qualifying medical personal protective equipment manufacturing project4 7d7 ,qualifying medical personal protective equipment manufacturing project program 7#a7 ,establishment 7,a7 ,in general ,not later than #ij days after the date of enactment of this section1 the ,secretary1 in consultation with the ,secretary of ,health and ,human ,services1 shall establish a qualifying medical personal protective equipment manufacturing project program to consider and award certifications for qualified investments eligible for credits under this section to qualifying medical personal protective equipment manufacturing project sponsors4 7,b7 ,limitation ,the total amount of credits that may be allocated under the program shall not exceed #g1ejj1jjj1jjj4 7#b7 ,certification 7,a7 ,application period ,each applicant for certification under this paragraph shall submit an application 7containing such information as the ,secretary may require7 during the #a-year period beginning on the date the ,secretary establishes the program under paragraph 7#a74 7,b7 ,time to meet criteria for certification ,each applicant for certification shall have #a year from the date of acceptance by the ,secretary of the application during which to provide to the ,secretary evidence that the requirements of the certification have been met4 7,c7 ,period of issuance ,an applicant which receives a certification shall have #b years from the date of issuance of the certification in order to place the project in service and if such project is not placed in service by that time period1 then the certification shall no longer be valid4 7#c7 ,selection criteria ,in determining which qualifying medical personal protective equipment manufacturing projects to certify under this section1 the ,secretary shall take into consideration which projects-- 7,a7 will provide the greatest net increase in job creation 7both direct and indirect7 within the ,united ,states 7as defined in section #dfab7;a77#d77 during the credit period1 7,b7 will provide the largest net increase in the amount of medical personal protective equipment for which there is the greatest need for purposes of the ,strategic ,national ,stockpile 7as described in section #cai;,f-#b7;a7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;d-#f;b7a7771 7,c7 have the greatest potential to help achieve medical manufacturing independence for the ,united ,states1 and 7,d7 have the greatest potential to meet current demand or sudden surges in demand for personal protective equipment4 7#d7 ,review and redistribution 7,a7 ,review ,not later than #c years after the date of enactment of this section1 the ,secretary shall review the credits allocated under this section as of such date4 7,b7 ,redistribution ,the ,secretary may reallocate credits awarded under this section if the ,secretary determines that-- 7i7 there is an insufficient quantity of qualifying applications for certification pending at the time of the review1 or 7ii7 any certification made pursuant to paragraph 7#b7 has been revoked pursuant to paragraph 7#b77;,b7 because the project subject to the certification has been delayed as a result of third party opposition or litigation to the proposed project4 7,c7 ,reallocation ,if the ,secretary determines that credits under this section are available for reallocation pursuant to the requirements set forth in paragraph 7#b71 the ,secretary is authorized to conduct an additional program for applications for certification4 7#e7 ,disclosure of allocations ,the ,secretary shall1 upon making a certification under this subsection1 publicly disclose the identity of the applicant and the amount of the credit with respect to such applicant4 7e7 ,denial of double benefit ,no credit shall be allowed under any provision of this chapter with respect to any amount taken in account in determining the credit allowed to a taxpayer under this section4 4 7b7 ,conforming amendments 7#a7 ,section #df of the ,internal ,revenue ,code of #aihf is amended-- 7,a7 by striking and at the end of paragraph 7#e72 7,b7 by striking the period at the end of paragraph 7#f7 and inserting 1 and2 and 7,c7 by adding at the end the following3 7#g7 the qualifying medical personal protective equipment manufacturing project credit4 4 7#b7 ,section #di7;a77#a77;,c7 of such ,code is amended-- 7,a7 by striking and at the end of clause 7iv72 7,b7 by striking the period at the end of clause 7v7 and inserting 1 and2 and 7,c7 by adding at the end the following3 7vi7 the basis of any property which is part of a qualifying medical personal protective equipment manufacturing project under section #dh;,d4 4 7#c7 ,section #ej7;a77#b77;,e7 of such ,code is amended by striking or #dh;,c7b77#b7 and inserting 1 #dh;,c7b77#b71 or #dh;,d7b77#b74 7#d7 ,the table of sections for subpart ,e of part ,,iv of subchapter ,a of chapter #a of such ,code is amended by inserting after the item relating to section #dh;,c the following new item3 ,sec4 #dh;,d4 ,qualifying medical personal protective equipment manufacturing project credit4 4 7c7 ,treatment under base erosion tax ,section #ei;,a7b77#a77;,b77ii7 of the ,internal ,revenue ,code of #aihf is amended by striking plus at the end of subclause 7,i71 by redesignating subclause 7,,ii7 as subclause 7,,iii71 and by inserting after subclause 7,i7 the following new subclause3 7,,ii7 the credit allowed under section #ch for the taxable year which is properly allocable to the portion of the investment credit determined under section #df that is properly allocable to section #dh;,d7a71 plus 4 7d7 ,effective date ,the amendments made by this section shall apply to projects certified after the date of enactment of this ,act4 #ajd4 ,special rules for transfers of intangible property relating to medical personal protective equipment to ,united ,states shareholders 7a7 ,in general ,subpart ,f of part ,,iii of subchapter ,n of chapter #a of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new section3 #iff4 ,transfers of intangible property relating to medical personal protective equipment to ,united ,states shareholders 7a7 ,in general ,except as otherwise provided by the ,secretary1 if a controlled foreign corporation holds qualified intangible property on the date of the enactment of this section and thereafter distributes such property to a domestic corporation which is a ,united ,states shareholder with respect to such controlled foreign corporation-- 7#a7 for purposes of part ,i of subchapter ,c and any other provision of this title specified by the ,secretary1 the fair market value of such property on the date of such distribution shall be treated as not exceeding the adjusted basis of such property immediately before such distribution1 and 7#b7 if any portion of such distribution is not a dividend-- 7,a7 no gain shall be recognized by such ,united ,states shareholder with respect to such distribution1 and 7,b7 the adjusted basis of such property in the hands of such ,united ,states shareholder immediately after such distribution shall be the adjusted basis of such property in the hands of such controlled foreign corporation immediately before such distribution reduced by the amount 7if any7 of gain not recognized by reason of subparagraph 7,a7 7determined after the application of paragraph 7#a774 7b7 ,qualified intangible property ,for purposes of this section1 the term qualified intangible property means any property described in section #cfg7;d77#d77;,a7-- 7#a7 the principal purpose of which is use in connection with-- 7,a7 any eligible property1 as defined in section #dh;,d7c77#b71 or 7,b7 any item or product described in subclause 7,i7 or 7,,ii7 of section #dh;,d7c77#a77;,a77i71 or 7#b7 substantially all of the income from which is derived in connection with any eligible property 7as defined in section #dh;,d7c77#b77 or any item or product described in paragraph 7#a77;,b74 7c7 ,regulations and guidance ,the ,secretary shall prescribe such regulations or other guidance as may be necessary to carry out the purposes of this section1 including to prevent abuse by taxpayers related to distributions of qualified intangible property4 4 7b7 ,conforming amendments 7#a7 ,section #aig7;f77#b77;,b77i7 of the ,internal ,revenue ,code of #aihf is amended by inserting #iff7;a71 after #gca14 7#b7 ,the table of sections for subpart ,f of part ,,iii of subchapter ,n of chapter #a of such ,code is amended by adding at the end the following new item3 ,sec4 #iff4 ,transfers of intangible property relating to medical personal protective equipment to ,united ,states shareholders4 4 7c7 ,effective date ,the amendments made by this section shall apply to distributions made on or after the date of enactment of this ,act4 ,,ii ,safeguarding ,american ,innovation #bja4 ,short title ,this title may be cited as the ,safeguarding ,american ,innovation ,act4 #bjb4 ,definitions ,in this title3 7#a7 ,federal science agency ,the term ,federal science agency means any ,federal department or agency to which more than #ajj1jjj1jjj in research and development funds were appropriated for fiscal year #bjbj4 7#b7 ,research and development 7,a7 ,in general ,the term research and development means all research activities1 both basic and applied1 and all development activities4 7,b7 ,development ,the term development means experimental development4 7,c7 ,experimental development ,the term experimental development means creative and systematic work1 drawing upon knowledge gained from research and practical experience1 which-- 7i7 is directed toward the production of new products or processes or improving existing products or processes2 and 7ii7 like research1 will result in gaining additional knowledge4 7,d7 ,research ,the term research-- 7i7 means a systematic study directed toward fuller scientific knowledge or understanding of the subject studied2 and 7ii7 includes activities involving the training of individuals in research techniques if such activities-- 7,i7 utilize the same facilities as other research and development activities2 and 7,,ii7 are not included in the instruction function4 #bjc4 ,federal ,research ,security ,council 7a7 ,in general ,subtitle ,v of title #ca1 ,united ,states ,code1 is amended by adding at the end the following3 #gi ,federal ,research ,security ,council ,sec4 #gija4 ,definitions4 #gijb4 ,federal ,research ,security ,council establishment and membership4 #gijc4 ,functions and authorities4 #gijd4 ,strategic plan4 #gije4 ,annual report4 #gijf4 ,requirements for ,executive agencies4 #gija4 ,definitions ,in this chapter3 7#a7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7,a7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 7,b7 the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate2 7,c7 the ,select ,committee on ,intelligence of the ,senate2 7,d7 the ,committee on ,foreign ,relations of the ,senate2 7,e7 the ,committee on ,armed ,services of the ,senate2 7,f7 the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate2 7,g7 the ,committee on ,oversight and ,reform of the ,house of ,representatives2 7,h7 the ,committee on ,homeland ,security of the ,house of ,representatives2 7,i7 the ,committee on ,energy and ,commerce of the ,house of ,representatives2 7,j7 the ,permanent ,select ,committee on ,intelligence of the ,house of ,representatives2 7,k7 the ,committee on ,foreign ,affairs of the ,house of ,representatives2 7,l7 the ,committee on ,armed ,services of the ,house of ,representatives2 and 7,m7 the ,committee on ,education and ,labor of the ,house of ,representatives4 7#b7 ,council ,the term ,council means the ,federal ,research ,security ,council established under section #gijb7;a74 7#c7 ,executive agency ,the term ,executive agency has the meaning given that term in section #aje of title #e4 7#d7 ,federal research security risk ,the term ,federal research security risk means the risk posed by malign state actors and other persons to the security and integrity of research and development conducted using grants awarded by ,executive agencies4 7#e7 ,insider ,the term insider means any person with authorized access to any ,united ,states ,government resource1 including personnel1 facilities1 information1 research1 equipment1 networks1 or systems4 7#f7 ,insider threat ,the term insider threat means the threat that an insider will use his or her authorized access 7wittingly or unwittingly7 to harm the national and economic security of the ,united ,states or negatively affect the integrity of a ,federal agency's normal processes1 including damaging the ,united ,states through espionage1 sabotage1 unauthorized disclosure of national security information or non-public information1 or through the loss or degradation of departmental resources1 capabilities1 and functions4 7#g7 ,research and development 7,a7 ,in general ,the term research and development means all research activities1 both basic and applied1 and all development activities4 7,b7 ,development ,the term development means experimental development4 7,c7 ,experimental development ,the term experimental development means creative and systematic work1 drawing upon knowledge gained from research and practical experience1 which-- 7i7 is directed toward the production of new products or processes or improving existing products or processes2 and 7ii7 like research1 will result in gaining additional knowledge4 7,d7 ,research ,the term research-- 7i7 means a systematic study directed toward fuller scientific knowledge or understanding of the subject studied2 and 7ii7 includes activities involving the training of individuals in research techniques if such activities-- 7,i7 utilize the same facilities as other research and development activities2 and 7,,ii7 are not included in the instruction function4 7#h7 ,united states research community ,the term ,united ,states research community means-- 7,a7 research and development centers of ,executive agencies2 7,b7 private research and development centers in the ,united ,states1 including for-profit and nonprofit research institutes2 7,c7 research and development centers at institutions of higher education 7as defined in section #aja7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja7;a7772 7,d7 research and development centers of ,states1 ,united ,states territories1 ,indian tribes1 and municipalities2 7,e7 government-owned1 contractor-operated ,united ,states ,government research and development centers2 and 7,f7 any person conducting federally funded research or receiving ,federal research grant funding4 #gijb4 ,federal ,research ,security ,council establishment and membership 7a7 ,establishment ,there is established1 in the ,office of ,management and ,budget1 a ,federal ,research ,security ,council1 which shall develop federally funded research and development grant making policy and management guidance to protect the national and economic security interests of the ,united ,states4 7b7 ,membership 7#a7 ,in general ,the following agencies shall be represented on the ,council3 7,a7 ,the ,office of ,management and ,budget4 7,b7 ,the ,office of ,science and ,technology ,policy4 7,c7 ,the ,department of ,defense4 7,d7 ,the ,department of ,homeland ,security4 7,e7 ,the ,office of the ,director of ,national ,intelligence1 including the ,national ,counterintelligence and ,security ,center4 7,f7 ,the ,department of ,justice1 including the ,federal ,bureau of ,investigation4 7,g7 ,the ,department of ,energy4 7,h7 ,the ,department of ,commerce1 including the ,national ,institute of ,standards and ,technology4 7,i7 ,the ,department of ,health and ,human ,services1 including the ,national ,institutes of ,health4 7,j7 ,the ,department of ,state4 7,k7 ,the ,department of ,transportation4 7,l7 ,the ,national ,aeronautics and ,space ,administration4 7,m7 ,the ,national ,science ,foundation4 7,n7 ,the ,department of ,education4 7,o7 ,the ,small ,business ,administration4 7,p7 ,the ,council of ,inspectors ,general on ,integrity and ,efficiency4 7,q7 ,other ,executive agencies1 as determined by the ,chairperson of the ,council4 7#b7 ,lead representatives 7,a7 ,designation ,not later than #de days after the date of the enactment of this chapter1 the head of each agency represented on the ,council shall designate a representative of that agency as the lead representative of the agency on the ,council4 7,b7 ,functions ,the lead representative of an agency designated under subparagraph 7,a7 shall ensure that appropriate personnel1 including leadership and subject matter experts of the agency1 are aware of the business of the ,council4 7c7 ,chairperson 7#a7 ,designation ,not later than #de days after the date of the enactment of this chapter1 the ,director of the ,office of ,management and ,budget shall designate a senior-level official from the ,office of ,management and ,budget to serve as the ,chairperson of the ,council4 7#b7 ,functions ,the ,chairperson shall perform functions that include-- 7,a7 subject to subsection 7d71 developing a schedule for meetings of the ,council2 7,b7 designating ,executive agencies to be represented on the ,council under subsection 7b77#a77,q72 7,c7 in consultation with the lead representative of each agency represented on the ,council1 developing a charter for the ,council2 and 7,d7 not later than #g days after completion of the charter1 submitting the charter to the appropriate congressional committees4 7#c7 ,lead science advisor ,the ,director of the ,office of ,science and ,technology ,policy shall be the lead science advisor to the ,chairperson for purposes of this chapter4 7#d7 ,lead security advisor ,the ,director of the ,national ,counterintelligence and ,security ,center shall be the lead security advisor to the ,chairperson for purposes of this chapter4 7d7 ,meetings ,the ,council shall meet not later than #fj days after the date of the enactment of this chapter and not less frequently than quarterly thereafter4 #gijc4 ,functions and authorities 7a7 ,in general ,the ,chairperson of the ,council shall consider the missions and responsibilities of ,council members in determining the lead agencies for ,council functions4 ,the ,council shall perform the following functions3 7#a7 ,developing and implementing1 across all ,executive agencies that award research and development grants1 a uniform application process for grants in accordance with subsection 7b74 7#b7 ,developing and implementing a uniform and regular reporting process for identifying persons participating in federally funded research and development or that have access to nonpublic federally funded information1 data1 research findings1 and research and development grant proposals4 7#c7 ,identifying or developing criteria1 in accordance with subsection 7c71 for sharing and receiving information with respect to ,federal research security risks in order to mitigate such risks with-- 7,a7 members of the ,united ,states research community2 and 7,b7 other persons participating in federally funded research and development4 7#d7 ,identifying an appropriate ,executive agency-- 7,a7 to accept and protect information submitted by ,executive agencies and non-,federal entities based on the processes established under paragraphs 7#a7 and 7#b72 and 7,b7 to facilitate the sharing of information received under subparagraph 7,a7 to support1 as necessary and appropriate-- 7i7 oversight of federally funded research and development2 7ii7 criminal and civil investigations of misappropriated ,federal funds1 resources1 and information2 and 7iii7 counterintelligence investigations4 7#e7 ,identifying1 as appropriate1 ,executive agencies to provide-- 7,a7 shared services1 such as support for conducting ,federal research security risk assessments1 activities to mitigate such risks1 and oversight and investigations with respect to grants awarded by ,executive agencies2 and 7,b7 common contract solutions to support enhanced information collection and sharing and the verification of the identities of persons participating in federally funded research and development4 7#f7 ,identifying and issuing guidance1 in accordance with subsection 7d7 and in coordination with the ,national ,insider ,threat ,task ,force established by ,executive ,order #acehg 7#ej ,u4,s4,c4 #cafa note7 for developing and implementing insider threat programs for ,executive agencies to deter1 detect1 and mitigate insider threats1 including the safeguarding of sensitive information from exploitation1 compromise1 or other unauthorized disclosure1 taking into account risk levels and the distinct needs1 missions1 and systems of each such agency4 7#g7 ,identifying and issuing guidance for developing compliance and oversight programs for ,executive agencies to ensure that research and development grant recipients accurately report conflicts of interest and conflicts of commitment in accordance with subsection 7b77#a74 ,such programs shall include an assessment of-- 7,a7 a grantee's support from foreign sources and affiliations with foreign funding institutions or laboratories2 and 7,b7 the impact of such support and affiliations on ,united ,states national security and economic interests4 7#h7 ,assessing and making recommendations with respect to whether openly sharing certain types of federally funded research and development is in the economic and national security interests of the ,united ,states4 7#i7 ,identifying and issuing guidance to the ,united ,states research community1 and other recipients of ,federal research and development funding1 to ensure that such institutions and recipients adopt existing best practices to reduce the risk of misappropriation of research data4 7#aj7 ,identifying and issuing guidance on additional steps that may be necessary to address ,federal research security risks arising in the course of ,executive agencies providing shared services and common contract solutions under paragraph 7#e77;,b74 7#aa7 ,engaging with the ,united ,states research community in performing the functions described in paragraphs 7#a71 7#b71 and 7#c7 and with respect to issues relating to ,federal research security risks4 7#ab7 ,carrying out such other functions1 as determined by the ,council1 that are necessary to reduce ,federal research security risks4 7b7 ,requirements for uniform grant application process ,in developing the uniform application process for ,federal research and development grants required under subsection 7a77#a71 the ,council shall-- 7#a7 ensure that the process-- 7,a7 requires principal investigators1 co-principal investigators1 and senior personnel associated with the proposed ,federal research or development grant project-- 7i7 to disclose biographical information1 all affiliations1 including any foreign military1 foreign government-related organizations1 and foreign-funded institutions1 and all current and pending support1 including from foreign institutions1 foreign governments1 or foreign laboratories1 and all support received from foreign sources2 and 7ii7 to certify the accuracy of the required disclosures under penalty of perjury2 and 7,b7 uses a machine-readable application form to assist in identifying fraud and ensuring the eligibility of applicants2 7#b7 design the process-- 7,a7 to reduce the administrative burden on persons applying for ,federal research and development funding2 and 7,b7 to promote information sharing across the ,united ,states research community1 while safeguarding sensitive information2 and 7#c7 complete the process not later than #a year after the date of the enactment of the ,safeguarding ,american ,innovation ,act4 7c7 ,requirements for information sharing criteria ,in identifying or developing criteria and procedures for sharing information with respect to ,federal research security risks under subsection 7a77#c71 the ,council shall ensure that such criteria address1 at a minimum-- 7#a7 the information to be shared2 7#b7 the circumstances under which sharing is mandated or voluntary2 7#c7 the circumstances under which it is appropriate for an ,executive agency to rely on information made available through such sharing in exercising the responsibilities and authorities of the agency under applicable laws relating to the award of grants2 7#d7 the procedures for protecting intellectual capital that may be present in such information2 and 7#e7 appropriate privacy protections for persons involved in ,federal research and development4 7d7 ,requirements for insider threat program guidance ,in identifying or developing guidance with respect to insider threat programs under subsection 7a77#f71 the ,council shall ensure that such guidance provides for1 at a minimum-- 7#a7 such programs-- 7,a7 to deter1 detect1 and mitigate insider threats2 and 7,b7 to leverage counterintelligence1 security1 information assurance1 and other relevant functions and resources to identify and counter insider threats2 and 7#b7 the development of an integrated capability to monitor and audit information for the detection and mitigation of insider threats1 including through-- 7,a7 monitoring user activity on computer networks controlled by ,executive agencies2 7,b7 providing employees of ,executive agencies with awareness training with respect to insider threats and the responsibilities of employees to report such threats2 7,c7 gathering information for a centralized analysis1 reporting1 and response capability2 and 7,d7 information sharing to aid in tracking the risk individuals may pose while moving across programs and affiliations2 7#c7 the development and implementation of policies and procedures under which the insider threat program of an ,executive agency accesses1 shares1 and integrates information and data derived from offices within the agency2 7#d7 the designation of senior officials with authority to provide management1 accountability1 and oversight of the insider threat program of an ,executive agency and to make resource recommendations to the appropriate officials2 and 7#e7 such additional guidance as is necessary to reflect the distinct needs1 missions1 and systems of each ,executive agency4 7e7 ,issuance of warnings relating to risks and vulnerabilities in international scientific cooperation 7#a7 ,in general ,the ,council1 in conjunction with the lead security advisor under section #gijb7;c77#d71 shall establish a process for informing members of the ,united ,states research community and the public1 through the issuance of warnings described in paragraph 7#b71 of potential risks and vulnerabilities in international scientific cooperation that may undermine the integrity and security of the ,united ,states research community or place at risk any federally funded research and development4 7#b7 ,content ,a warning described in this paragraph shall include1 to the extent the ,council considers appropriate1 a description of-- 7,a7 activities by the national government1 local governments1 research institutions1 or universities of a foreign country-- 7i7 to exploit1 interfere1 or undermine research and development by the ,united ,states research community2 or 7ii7 to misappropriate scientific knowledge resulting from federally funded research and development2 7,b7 efforts by strategic competitors to exploit the research enterprise of a foreign country that may place at risk-- 7i7 the science and technology of that foreign country2 or 7ii7 federally funded research and development2 and 7,c7 practices within the research enterprise of a foreign country that do not adhere to the ,united ,states scientific values of openness1 transparency1 reciprocity1 integrity1 and merit-based competition4 7f7 ,program office and committees ,the interagency working group established under section #agdf of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjbj 7,public ,law #aaf-ib7 shall be a working group under the ,council performing duties authorized under such section and as directed by the ,council4 ,the ,council shall use any findings or work product1 existing or forthcoming1 by such working group4 ,the ,council may also establish a program office and any committees1 working groups1 or other constituent bodies the ,council deems appropriate1 in its sole and unreviewable discretion1 to carry out its functions4 7g7 ,exclusion orders ,to reduce ,federal research security risk1 the ,interagency ,suspension and ,debarment ,committee shall provide quarterly reports to the ,council that detail-- 7#a7 the number of ongoing investigations by ,council ,members related to ,federal research security that may result1 or have resulted1 in agency pre-notice letters1 suspensions1 proposed debarments1 and debarments2 7#b7 ,federal agencies' performance and compliance with interagency suspensions and debarments2 7#c7 efforts by the ,interagency ,suspension and ,debarment ,committee to mitigate ,federal research security risk2 7#d7 proposals for developing a unified ,federal policy on suspensions and debarments2 and 7#e7 other current suspension and debarment related issues4 #gijd4 ,strategic plan 7a7 ,in general ,not later than #ahj days after the date of the enactment of this chapter1 the ,council shall develop a strategic plan for addressing ,federal research security risks and for managing such risks1 that includes-- 7#a7 the criteria and processes required under section #gijc7;a71 including a threshold and requirements for sharing relevant information about such risks with all ,executive agencies and1 as appropriate1 with other ,federal entities1 foreign governments1 and non-,federal entities2 7#b7 an identification of existing authorities for addressing such risks2 7#c7 an identification and promulgation of best practices and procedures1 and an identification of available resources1 for ,executive agencies to assess and mitigate such risks2 7#d7 recommendations for any legislative1 regulatory1 or other policy changes to improve efforts to address such risks2 7#e7 recommendations for any legislative1 regulatory1 or other policy changes to incentivize the adoption of best practices for avoiding and mitigating ,federal research security risks by the ,united ,states research community and key ,united ,states foreign research partners2 7#f7 an evaluation of the effect of implementing new policies or procedures on existing ,federal grant processes1 regulations1 and disclosures of conflicts of interest and conflicts of commitment2 7#g7 a plan for engaging with ,executive agencies1 the private sector1 and other nongovernmental stakeholders to address such risks and share information between ,executive agencies1 the private sector1 and nongovernmental stakeholders2 and 7#h7 a plan for identification1 assessment1 mitigation1 and vetting of ,federal research security risks4 7b7 ,submission to ,congress ,not later than #g calendar days after completion of the strategic plan required by subsection 7a71 the ,chairperson of the ,council shall submit the plan to the appropriate congressional committees4 #gije4 ,annual report ,not later than ,december #ae of each year1 the ,chairperson of the ,council shall submit a report to the appropriate congressional committees that describes-- 7#a7 the activities of the ,council during the preceding fiscal year2 and 7#b7 the progress made toward implementing the strategic plan required under section #gijd after such plan has been submitted to ,congress4 #gijf4 ,requirements for ,executive agencies 7a7 ,in general ,the head of each ,executive agency on the ,council shall be responsible for-- 7#a7 assessing ,federal research security risks posed by persons participating in federally funded research and development2 7#b7 avoiding or mitigating such risks1 as appropriate and consistent with the standards1 guidelines1 requirements1 and practices identified by the ,council under section #gijc7;a72 7#c7 prioritizing ,federal research security risk assessments conducted under paragraph 7#a7 based on the applicability and relevance of the research and development to the national security and economic competitiveness of the ,united ,states2 and 7#d7 ensuring that all agency initiatives impacting ,federally funded research grant making policy and management to protect the national and economic security interests of the ,united ,states are integrated with the activities of the ,council4 7b7 ,inclusions ,the responsibility of the head of an ,executive agency for assessing ,federal research security risk described in subsection 7a7 includes-- 7#a7 developing an overall ,federal research security risk management strategy and implementation plan and policies and processes to guide and govern ,federal research security risk management activities by the ,executive agency2 7#b7 integrating ,federal research security risk management practices throughout the lifecycle of the grant programs of the ,executive agency2 7#c7 sharing relevant information with other ,executive agencies1 as determined appropriate by the ,council in a manner consistent with section #gijc2 and 7#d7 reporting on the effectiveness of the ,federal research security risk management strategy of the ,executive agency consistent with guidance issued by the ,office of ,management and ,budget and the ,council4 4 7b7 ,clerical amendment ,the table of chapters at the beginning of title #ca1 ,united ,states ,code1 is amended by inserting after the item relating to chapter #gg the following new item3 #gi4 ,federal ,research ,security ,council#gija4 4 #bjd4 ,federal grant application fraud 7a7 ,in general ,chapter #dg of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 #ajda4 ,federal grant application fraud 7a7 ,definitions ,in this section3 7#a7 ,federal agency ,the term ,federal agency has the meaning given the term agency in section #eea of title #e1 ,united ,states ,code4 7#b7 ,federal grant ,the term ,federal grant-- 7,a7 means a grant awarded by a ,federal agency2 7,b7 includes a subgrant awarded by a non-,federal entity to carry out a ,federal grant program2 and 7,c7 does not include-- 7i7 direct ,united ,states ,government cash assistance to an individual2 7ii7 a subsidy2 7iii7 a loan2 7iv7 a loan guarantee2 or 7v7 insurance4 7#c7 ,federal grant application ,the term ,federal grant application means an application for a ,federal grant4 7#d7 ,foreign compensation ,the term foreign compensation means a title1 monetary compensation1 access to a laboratory or other resource1 or other benefit received from-- 7,a7 a foreign government2 7,b7 a foreign government institution2 or 7,c7 a foreign public enterprise4 7#e7 ,foreign government ,the term foreign government includes a person acting or purporting to act on behalf of-- 7,a7 a faction1 party1 department1 agency1 bureau1 subnational administrative entity1 or military of a foreign country2 or 7,b7 a foreign government or a person purporting to act as a foreign government1 regardless of whether the ,united ,states recognizes the government4 7#f7 ,foreign government institution ,the term foreign government institution means a foreign entity owned by1 subject to the control of1 or subject to regulation by a foreign government4 7#g7 ,foreign public enterprise ,the term foreign public enterprise means an enterprise over which a foreign government directly or indirectly exercises a dominant influence4 7#h7 ,law enforcement agency ,the term law enforcement agency-- 7,a7 means a ,federal1 ,state1 local1 or ,tribal law enforcement agency2 and 7,b7 includes-- 7i7 the ,office of ,inspector ,general of an establishment 7as defined in section #ab of the ,inspector ,general ,act of #aigh 7#e ,u4,s4,c4 ,app477 or a designated ,federal entity 7as defined in section #h;,g7a7 of the ,inspector ,general ,act of #aigh 7#e ,u4,s4,c4 ,app4772 and 7ii7 the ,office of ,inspector ,general1 or similar office1 of a ,state or unit of local government4 7#i7 ,outside compensation ,the term outside compensation means any compensation1 resource1 or support regardless of monetary value made available to the applicant in support of or related to any research endeavor1 including1 but not limited to1 a title1 research grant1 cooperative agreement1 contract1 institutional award1 access to a laboratory1 or other resource1 including1 but not limited to1 materials1 travel compensation1 or work incentives4 7b7 ,prohibition ,it shall be unlawful for any individual to knowingly-- 7#a7 prepare or submit a ,federal grant application that fails to disclose the receipt of any outside compensation1 including foreign compensation1 by the individual2 7#b7 forge1 counterfeit1 or otherwise falsify a document for the purpose of obtaining a ,federal grant2 or 7#c7 prepare1 submit1 or assist in the preparation or submission of a ,federal grant application or document in connection with a ,federal grant application that-- 7,a7 contains a false statement2 7,b7 contains a material misrepresentation2 7,c7 has no basis in law or fact2 or 7,d7 fails to disclose a material fact4 7c7 ,exception ,subsection 7b7 does not apply to an activity-- 7#a7 carried out in connection with a lawfully authorized investigative1 protective1 or intelligence activity of-- 7,a7 a law enforcement agency2 or 7,b7 a ,federal intelligence agency2 or 7#b7 authorized under chapter #bbd4 7d7 ,penalty ,any individual who violates subsection 7b7-- 7#a7 shall be fined in accordance with this title1 imprisoned for not more than #e years1 or both2 and 7#b7 shall be prohibited from receiving a ,federal grant during the #e-year period beginning on the date on which a sentence is imposed on the individual under paragraph 7#a74 4 7b7 ,clerical amendment ,the table of sections for chapter #dg of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 #ajda4 ,federal grant application fraud4 4 #bje4 ,restricting the acquisition of goods1 technologies1 and sensitive information to certain aliens 7a7 ,grounds of inadmissibility ,section #bab7;a77#c77;,a77i7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a77#c77;,a77i77 is amended to read as follows3 7i7 any activity-- 7,i7 to violate any law of the ,united ,states relating to espionage or sabotage2 7,,ii7 to violate or evade any law prohibiting the export from the ,united ,states of goods1 technologies1 or sensitive information2 or 7,,iii7 to acquire export-controlled goods1 technologies1 or sensitive information 7notwithstanding any exclusions for items not normally subject to export controls7 if the ,secretary of ,state has determined that the acquisition of those goods1 technologies1 or sensitive information by a category of aliens that includes such alien would be contrary to an articulable national security 7including economic security7 interest of the ,united ,states2 4 7b7 ,determining factors 7#a7 ,in general ,in establishing criteria for determining whether an alien is included in a category of aliens that may be inadmissible under section #bab7;a77#c77;,a77i77,,iii7 of the ,immigration and ,nationality ,act1 as amended by subsection 7a71 officials of the ,department of ,state shall-- 7,a7 seek advice and assistance from officials at the ,office of the ,director of ,national ,intelligence1 the ,office of ,science and ,technology ,policy1 the ,department of ,health and ,human ,services1 the ,department of ,defense1 the ,department of ,homeland ,security1 the ,department of ,energy1 the ,department of ,commerce1 and other appropriate ,federal agencies2 7,b7 consider factors such as the alien's past or likely employment or cooperation with-- 7i7 foreign military and security related organizations that are adversarial to the ,united ,states2 7ii7 foreign institutions involved in the theft of ,united ,states research2 7iii7 entities involved in export control violations or the theft of intellectual property2 and 7iv7 a government that seeks to undermine the integrity and security of the ,united ,states research community2 and 7,c7 weigh the proportionality of risk for the factors listed in subparagraph 7,b74 7#b7 ,machine-readable documents ,not later than #a year after the date of the enactment of this ,act1 the ,secretary of ,state shall-- 7,a7 use a machine-readable visa application form2 and 7,b7 make available documents submitted in support of a visa application in a machine readable format to assist in-- 7i7 identifying fraud2 7ii7 conducting lawful law enforcement activities2 and 7iii7 determining the eligibility of applicants for a visa under the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq474 7c7 ,reporting requirement ,not later than #ahj days after the date of the enactment of this ,act1 and annually thereafter1 the ,secretary of ,state1 in coordination with the ,director of ,national ,intelligence1 the ,director of the ,office of ,science and ,technology ,policy1 the ,secretary of ,homeland ,security1 the ,secretary of ,defense1 the ,secretary of ,energy1 the ,secretary of ,commerce1 and the heads of other appropriate ,federal agencies1 shall submit a report to ,congress that identifies-- 7#a7 the criteria used to describe the category of aliens to which such section #bab7;a77#c77;,a77i77,,iii7 may apply2 and 7#b7 the number of individuals determined to be inadmissible under such section #bab7;a77#c77;,a77i77,,iii71 including the nationality of each such individual4 7d7 ,classification of annual report ,each annual report required under subsection 7c7 shall be submitted1 to the extent practicable1 in an unclassified form1 but may be accompanied by a classified appendix detailing the criteria used to describe the category of aliens to which such section #bab7;a77#c77;,a77i77,,iii7 applies if the ,secretary of ,state determines that such action-- 7#a7 is in the national security and economic security interests of the ,united ,states2 or 7#b7 is necessary to further the purposes of this title4 7e7 ,report ,not later than #de days after date of the enactment of this ,act1 the ,secretary of ,state shall submit a report to the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate1 the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate1 the ,select ,committee on ,intelligence of the ,senate1 the ,committee on ,foreign ,relations of the ,senate2 the ,committee on ,oversight and ,reform of the ,house of ,representatives1 the ,committee on ,homeland ,security of the ,house of ,representatives1 the ,committee on ,energy and ,commerce of the ,house of ,representatives1 the ,permanent ,select ,committee on ,intelligence of the ,house of ,representatives1 and the ,committee on ,foreign ,affairs of the ,house of ,representatives that-- 7#a7 describes how supplementary documents provided by a visa applicant in support of a visa application are stored and shared by the ,department of ,state with authorized ,federal agencies2 7#b7 identifies the sections of a visa application that are machine-readable and the sections that are not machine-readable2 7#c7 provides cost estimates1 including personnel costs and a cost-benefit analysis for adopting different technologies1 including optical character recognition1 for-- 7,a7 making every element of a visa application1 and documents submitted in support of a visa application1 machine-readable2 and 7,b7 ensuring that such system-- 7i7 protects personally-identifiable information2 and 7ii7 permits the sharing of visa information with ,federal agencies in accordance with existing law2 and 7#d7 includes an estimated timeline for completing the implementation of subsection 7b77#b74 #bjf4 ,limitations on educational and cultural exchange programs ,section #ajb7;b77#e7 of the ,mutual ,educational and ,cultural ,exchange ,act of #aifa 7#bb ,u4,s4,c4 #bdeb7;b77#e77 is amended by striking the semicolon at the end and inserting the following3 8by developing exchange programs for foreign researchers and scientists1 while protecting technologies regulated by export control laws important to the national security and economic interests of the ,united ,states1 including requiring sponsors-- 7,a7 to disclose to the ,department of ,state whether an exchange visitor1 as a primary part of his or her exchange program1 will have released to them controlled technology or technical data regulated by export control laws at sponsor organizations through research activities1 lectures1 course work1 sponsor employees1 officers1 agents1 third parties at which the sponsor places the exchange visitor1 volunteers1 or other individuals or entities associated with a sponsor's administration of the exchange visitor program2 7,b7 to provide a plan to the ,department of ,state that establishes appropriate program safeguards to prevent the unauthorized release of controlled technology or technical data regulated by export control laws at sponsor organizations or through their employees1 officers1 agents1 third parties1 volunteers1 or other individuals or entities associated with a sponsor's administration of the exchange visitor program2 and 7,c7 to demonstrate1 to the satisfaction of the ,secretary of ,state1 that programs that will release controlled technology or technical data to an exchange visitor at the sponsor organization through exchange visitor programs have received appropriate authorization from the ,department of ,state1 the ,department of ,commerce1 other cognizant ,federal agency before the sponsor releases controlled technology or technical data2 4 #bjg4 ,amendments to disclosures of foreign gifts ,section #aag of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajaa;f7 is amended-- 7#a7 by amending subsection 7a7 to read as follows3 7a7 ,disclosure report 7#a7 ,in general ,an institution shall file a disclosure report with the ,secretary not later than ,march #ca occurring after-- 7,a7 the calendar year in which a foreign source gains ownership of1 or control over1 the institution2 or 7,b7 the calendar year in which the institution receives a gift from1 or enters into a contract with1 a foreign source1 the value of which is #ej1jjj or more1 considered alone or in combination with all other gifts from or contracts with that foreign source within a calendar year4 7#b7 ,revisions2 updates ,the ,secretary shall permit institutions to revise and update disclosure reports previously filed to ensure accuracy1 compliance1 and the ability to cure4 2 7#b7 by amending subsection 7b7 to read as follows3 7b7 ,contents of report ,each report to the ,secretary required by this section shall contain the following3 7#a7 ,for gifts received from or contracts entered into with a foreign source other than a foreign government1 the aggregate dollar amount of such gifts and contracts attributable to a particular country and the legal or formal name of the foreign source4 ,the country to which a gift is attributable is the country of citizenship1 or if unknown1 the principal residence for a foreign source who is a natural person1 and the country of incorporation1 or if unknown1 the principal place of business1 for a foreign source which is a legal entity4 7#b7 ,for gifts received from or contracts entered into with a foreign government1 the aggregate amount of such gifts and contracts received from each foreign government4 7#c7 ,in the case of an institution which is owned or controlled by a foreign source1 the identity of the foreign source1 the date on which the foreign source assumed ownership or control1 and any changes in program or structure resulting from the change in ownership or control4 7#d7 ,an assurance that the institution will maintain true copies of gift and contract agreements subject to the disclosure requirements under this section for at least the duration of the agreement4 7#e7 ,an assurance that the institution will produce true copies of gift and contract agreements subject to the disclosure requirements under this section upon request of the ,secretary during a compliance audit or other institutional investigation4 2 7#c7 by amending subsection 7e7 to read as follows3 7e7 ,public inspection ,not later than #cj days after receiving a disclosure report under this section1 the ,secretary shall make such report electronically available to the public for downloading on a searchable database under which institutions can be individually identified and compared4 2 7#d7 in subsection 7f71 by adding at the end the following3 7#c7 ,fines 7,a7 ,in general ,the ,secretary may impose a fine on any institution that repeatedly fails to file a disclosure report for a receipt of a gift from or contract with a foreign source in accordance with subsection 7a7 in an amount that is not more than #c times the amount of the gift or contract with the foreign source4 7,b7 ,definition of repeatedly fails ,in this paragraph1 the term repeatedly fails means that the institution failed to file a disclosure report for a receipt of a gift from or contract with a foreign source in #c consecutive years4 2 7#e7 by amending subsection 7g7 to read as follows3 7g7 ,rulemaking 7#a7 ,in general ,not later than #a year after the date of enactment of the ,safeguarding ,american ,innovation ,act1 the ,secretary shall issue regulations to carry out this section using the negotiated rulemaking procedure set forth in section #dib7;b74 7#b7 ,elements ,regulations issued pursuant to paragraph 7#a7 shall-- 7,a7 incorporate instructions for-- 7i7 reporting structured gifts and contracts2 and 7ii7 reporting contracts that balances the need for transparency1 while protecting the proprietary information of institutes of higher education2 and 7,b7 clarify the definition of subunit1 for purposes of subsection 7i77#d77;,c74 2 7#f7 by redesignating subsection 7h7 as subsection 7i72 7#g7 by inserting after subsection 7g7 the following3 7h7 ,treatment of tuition payment ,a tuition and related fees and expenses payment to an institution by1 or a scholarship from1 a foreign source made on behalf of a student enrolled at such institution shall not be considered a gift from or contract with a foreign source under this section4 2 and 7#h7 in subsection 7i71 as redesignated-- 7,a7 in paragraph 7#c71 by striking or property and inserting 1 property1 human resources1 or staff1 including staff salaries2 and 7,b7 in paragraph 7#e77;,b71 by inserting institutes1 instructional programs1 after centers14 ,,iii ,,chips for ,america ,act 7,creating ,helpful ,incentives to ,produce ,semiconductors for ,america7 #cja4 ,semiconductor incentive grants 7a7 ,definitions ,in this section-- 7#a7 the term appropriate committees of ,congress means-- 7,a7 the ,select ,committee on ,intelligence1 the ,committee on ,commerce1 ,science1 and ,transportation1 the ,committee on ,foreign ,relations1 the ,committee on ,armed ,services1 the ,committee on ,appropriations1 the ,committee on ,banking1 ,housing1 and ,urban ,affairs1 and the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 and 7,b7 the ,permanent ,select ,committee on ,intelligence1 the ,committee on ,energy and ,commerce1 the ,committee on ,foreign ,affairs1 the ,committee on ,armed ,services1 the ,committee on ,science1 ,space1 and ,technology1 the ,committee on ,appropriations1 the ,committee on ,financial ,services1 and the ,committee on ,homeland ,security of the ,house of ,representatives2 7#b7 the term covered entity means a private entity1 a consortium of private entities1 or a consortium of public and private entities with a demonstrated ability to construct1 expand1 or modernize a facility relating to the fabrication1 assembly1 testing1 advanced packaging1 or advanced research and development of semiconductors2 7#c7 the term covered incentive-- 7,a7 means an incentive offered by a governmental entity to a covered entity for the purposes of constructing within the jurisdiction of the governmental entity1 or expanding or modernizing an existing facility within that jurisdiction1 a facility described in paragraph 7#b72 and 7,b7 includes any tax incentive 7such as an incentive or reduction with respect to employment or payroll taxes or a tax abatement with respect to personal or real property71 a workforce-related incentive 7including a grant agreement relating to workforce training or vocational education71 any concession with respect to real property1 funding for research and development with respect to semiconductors1 and any other incentive determined appropriate by the ,secretary1 in consultation with the ,secretary of ,state2 7#d7 the term foreign adversary means any foreign government or foreign nongovernment person that is engaged in a long-term pattern1 or is involved in a serious instance1 of conduct that is significantly adverse to-- 7,a7 the national security of the ,united ,states or an ally of the ,united ,states2 or 7,b7 the security and safety of ,united ,states persons2 7#e7 the term governmental entity means a ,state or local government2 7#f7 the term ,secretary means the ,secretary of ,commerce2 and 7#g7 the term semiconductor has the meaning given the term by the ,secretary4 7b7 ,grant program 7#a7 ,in general ,the ,secretary shall establish in the ,department of ,commerce a program that1 in accordance with the requirements of this section1 provides grants to covered entities4 7#b7 ,procedure 7,a7 ,in general ,a covered entity shall submit to the ,secretary an application that describes the project for which the covered entity is seeking a grant under this section4 7,b7 ,eligibility ,in order for a covered entity to qualify for a grant under this section1 the covered entity shall demonstrate to the ,secretary1 in the application submitted by the covered entity under subparagraph 7,a71 that-- 7i7 the covered entity has a documented interest in constructing1 expanding1 or modernizing a facility described in subsection 7a77#b72 and 7ii7 with respect to the project described in clause 7i71 the covered entity has-- 7,i7 been offered a covered incentive2 7,,ii7 made commitments to worker and community investment1 including through-- 7aa7 training and education benefits paid by the covered entity2 and 7bb7 programs to expand employment opportunity for economically disadvantaged individuals2 and 7,,iii7 secured commitments from regional educational and training entities and institutions of higher education to provide workforce training1 including programming for training and job placement of economically disadvantaged individuals4 7,c7 ,considerations for review ,with respect to the review by the ,secretary of an application submitted by a covered entity under subparagraph 7,a7-- 7i7 the ,secretary may not approve the application unless the ,secretary-- 7,i7 confirms that the covered entity has satisfied the eligibility criteria under subparagraph 7,b72 and 7,,ii7 determines that the project to which the application relates is in the interest of the ,united ,states2 and 7ii7 the ,secretary may consider whether-- 7,i7 the covered entity has previously received a grant made under this subsection2 and 7,,ii7 the governmental entity offering the applicable covered incentive has benefitted from a grant previously made under this subsection4 7#c7 ,amount ,the amount of a grant made by the ,secretary to a covered entity under this subsection shall be in an amount that is not more than #c1jjj1jjj1jjj4 7#d7 ,use of funds ,a covered entity that receives a grant under this subsection may only use the grant amounts to-- 7,a7 finance the construction1 expansion1 or modernization of a facility described in subsection 7a77#b71 as documented in the application submitted by the covered entity under paragraph 7#b77;,a71 or for similar uses in state of practice and legacy facilities1 as determined necessary by the ,secretary for purposes relating to the national security and economic competitiveness of the ,united ,states2 7,b7 support workforce development for the facility described in subparagraph 7,a72 or 7,c7 support site development for the facility described in subparagraph 7,a74 7#e7 ,clawback ,the ,secretary shall recover the full amount of a grant provided to a covered entity under this subsection if-- 7,a7 as of the date that is #e years after the date on which the ,secretary makes the grant1 the project to which the grant relates has not been completed1 except that the ,secretary may issue a waiver with respect to the requirement under this subparagraph if the ,secretary determines that issuing such a waiver is appropriate and in the interests of the ,united ,states2 or 7,b7 during the applicable term with respect to the grant1 the covered entity engages in any joint research or technology licensing effort-- 7i7 with the ,government of the ,people's ,republic of ,china1 the ,government of the ,russian ,federation1 the ,government of ,iran1 the ,government of ,north ,korea1 or another foreign adversary2 and 7ii7 that relates to a sensitive technology or product1 as determined by the ,secretary4 7c7 ,consultation and coordination required ,in carrying out the program established under subsection 7b71 the ,secretary shall consult and coordinate with the ,secretary of ,state and the ,secretary of ,defense4 7d7 ,,gao reviews ,the ,comptroller ,general of the ,united ,states shall-- 7#a7 not later than #b years after the date of enactment of this ,act1 and biennially thereafter until the date that is #aj years after that date of enactment1 conduct a review of the program established under subsection 7b71 which shall include1 at a minimum-- 7,a7 a determination of the number of instances in which grants were provided under that subsection during the period covered by the review in violation of a requirement of this section2 7,b7 an evaluation of how-- 7i7 the program is being carried out1 including how recipients of grants are being selected under the program2 and 7ii7 other ,federal programs are leveraged for manufacturing1 research1 and training to complement the grants awarded under the program2 and 7,c7 a description of the outcomes of projects supported by grants made under the program1 including a description of-- 7i7 facilities described in subsection 7a77#b7 that were constructed1 expanded1 or modernized as a result of grants made under the program2 7ii7 research and development carried out with grants made under the program2 and 7iii7 workforce training programs carried out with grants made under the program1 including efforts to hire individuals from disadvantaged populations2 and 7#b7 submit to the appropriate committees of ,congress the results of each review conducted under paragraph 7#a74 #cjb4 ,department of ,defense 7a7 ,department of ,defense efforts 7#a7 ,in general ,the ,secretary of ,defense shall1 in consultation with the ,secretary of ,commerce1 the ,secretary of ,homeland ,security1 and the ,director of ,national ,intelligence1 work with the private sector through a public-private partnership1 including by incentivizing the formation of a consortium of ,united ,states companies1 to ensure the development and production of advanced1 measurably secure microelectronics for use by the ,department of ,defense1 the intelligence community1 critical infrastructure sectors1 and other national security applications4 ,such work may include providing incentives for the creation1 expansion1 or modernization of one or more commercially competitive and sustainable microelectronics manufacturing or advanced research and development facilities4 7#b7 ,risk mitigation requirements ,a participant in a consortium formed with incentives under paragraph 7#a7 shall-- 7,a7 have the potential to perform fabrication1 assembly1 package1 or test functions for microelectronics deemed critical to national security as defined by export control regulatory agencies in consultation with the ,national ,security ,adviser and the ,secretary of ,defense2 7,b7 include management processes to identify and mitigate supply chain security risks2 and 7,c7 be able to produce microelectronics consistent with applicable measurably secure supply chain and operational security standards established under section #bbd7;b7 of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjbj 7,public ,law #aaf-ib74 7#c7 ,national security considerations ,the ,secretary of ,defense and the ,director of ,national ,intelligence shall select participants for the consortium formed with incentives under paragraph 7#a74 ,in selecting such participants1 the ,secretary and the ,director may jointly consider whether the ,united ,states companies-- 7,a7 have participated in previous programs and projects of the ,department of ,defense1 ,department of ,energy1 or the intelligence community1 including-- 7i7 the ,trusted ,integrated ,circuit program of the ,intelligence ,advanced ,research ,projects ,activity2 7ii7 trusted and assured microelectronics projects1 as administered by the ,department of ,defense2 7iii7 the ,electronics ,resurgence ,initiative 7,,eri7 program of the ,defense ,advanced ,research ,projects ,agency2 or 7iv7 relevant semiconductor research programs of ,advanced ,research ,projects ,agency-,energy2 7,b7 have demonstrated an ongoing commitment to performing contracts for the ,department of ,defense and the intelligence community2 7,c7 are approved by the ,defense ,counterintelligence and ,security ,agency or the ,office of the ,director of ,national ,intelligence as presenting an acceptable security risk1 taking into account supply chain assurance vulnerabilities1 counterintelligence risks1 and any risks presented by companies whose owners are located outside the ,united ,states2 and 7,d7 are evaluated periodically for foreign ownership1 control1 or influence by foreign adversaries4 7#d7 ,nontraditional defense contractors and commercial entities ,arrangements entered into to carry out paragraph 7#a7 shall be in such form as the ,secretary of ,defense determines appropriate to encourage industry participation of nontraditional defense contractors or commercial entities and may include a contract1 a grant1 a cooperative agreement1 a commercial agreement1 the use of other transaction authority under section #bcga of title #aj1 ,united ,states ,code1 or another such arrangement4 7#e7 ,discharge ,the ,secretary of ,defense shall carry out paragraph 7#a7 jointly through the ,office of the ,under ,secretary of ,defense for ,research and ,engineering and the ,office of the ,under ,secretary of ,defense for ,acquisition and ,sustainment1 or such other component of the ,department of ,defense as the ,secretary considers appropriate4 7#f7 ,other initiatives ,the ,secretary of ,defense shall dedicate initiatives within the ,department of ,defense to advance radio frequency1 mixed signal1 radiation tolerant1 and radiation hardened microelectronics that support national security and dual-use applications4 7#g7 ,reports 7,a7 ,report by ,secretary of ,defense ,not later than #ij days after the date of the enactment of this ,act1 the ,secretary of ,defense shall submit to ,congress a report on the plans of the ,secretary to carry out paragraph 7#a74 7,b7 ,biennial reports by ,comptroller ,general of the ,united ,states ,not later than #a year after the date on which the ,secretary submits the report required by subparagraph 7,a7 and not less frequently than once every #b years thereafter for a period of #aj years1 the ,comptroller ,general of the ,united ,states shall submit to ,congress a report on the activities carried out under this subsection4 7b7 ,defense ,production ,act of #aiej efforts 7#a7 ,in general ,not later than #abj days after the date of the enactment of this ,act1 the ,president shall submit to ,congress a report on a plan for use by the ,department of ,defense of authorities available in title ,,iii of the ,defense ,production ,act of #aiej 7#ej ,u4,s4,c4 #deca et seq47 to establish and enhance a domestic production capability for microelectronics technologies and related technologies1 subject to the availability of appropriations for that purpose4 7#b7 ,consultation ,the ,president shall develop the plan required by paragraph 7#a7 in coordination with the ,secretary of ,defense1 and in consultation with the ,secretary of ,state1 the ,secretary of ,commerce1 and appropriate stakeholders in the private sector4 7c7 ,department of ,defense requirements for sourcing from domestic microelectronics design and foundry services 7#a7 ,requirements required ,not later than #a year after the date of the enactment of this ,act1 the ,secretary of ,defense1 in coordination with the ,secretary of ,energy1 the ,secretary of ,homeland ,security1 and the ,director of ,national ,intelligence1 shall establish requirements1 standards1 and a timeline for enforcement of such requirements1 to the extent possible1 for domestic sourcing for microelectronics design and foundry services1 and for commercial microelectronics products1 by programs1 contractors1 subcontractors1 and other recipients of funding from the ,department of ,defense1 ,department of ,energy1 ,department of ,homeland ,security1 and the ,director of ,national ,intelligence4 7#b7 ,processes for waivers ,the requirements established under paragraph 7#a7 shall include processes to permit waivers for specific contracts or transactions for domestic sourcing requirements based on cost1 availability1 severity of technical and mission requirements1 emergency requirements and operational needs1 other legal or international treaty obligations1 or other factors4 7#c7 ,updates ,not less frequently than once each year1 the ,secretary shall-- 7,a7 update the requirements and timelines established under paragraph 7#a7 and the processes under paragraph 7#b72 and 7,b7 submit to ,congress a report on the updates made under subparagraph 7,a74 #cjc4 ,department of ,commerce study on status of microelectronics technologies in the ,united ,states industrial base 7a7 ,in general ,commencing not later than #abj days after the date of the enactment of this ,act1 the ,secretary of ,commerce and the ,secretary of ,homeland ,security1 in consultation with the ,secretary of ,defense and the heads of other appropriate ,federal departments and agencies1 shall undertake a review1 which shall include a survey1 using authorities in section #gje of the ,defense ,production ,act 7#ej ,u4,s4,c4 #deee71 to assess the capabilities of the ,united ,states industrial base to support the national defense in light of the global nature of the supply chain and significant interdependencies between the ,united ,states industrial base and the industrial base of foreign countries with respect to the manufacture1 design1 and end use of microelectronics4 7b7 ,response to survey ,the ,secretary shall ensure compliance with the survey from among all relevant potential respondents1 including the following3 7#a7 ,corporations1 partnerships1 associations1 or any other organized groups domiciled and with substantial operations in the ,united ,states4 7#b7 ,corporations1 partnerships1 associations1 or any other organized groups domiciled in the ,united ,states with operations outside the ,united ,states4 7#c7 ,foreign domiciled corporations1 partnerships1 associations1 or any other organized groups with substantial operations or business presence in1 or substantial revenues derived from1 the ,united ,states4 7#d7 ,foreign domiciled corporations1 partnerships1 associations1 or any other organized groups in defense treaty or assistance countries where the production of the entity concerned involves critical technologies covered by section #b4 7c7 ,information requested ,the information sought from a responding entity pursuant to the survey required by subsection 7a7 shall include1 at minimum1 information on the following with respect to the manufacture4 design1 or end use of microelectronics by such entity3 7#a7 ,an identification of the geographic scope of operations4 7#b7 ,information on relevant cost structures4 7#c7 ,an identification of types of microelectronics development1 manufacture1 assembly1 test1 and packaging equipment in operation at such entity4 7#d7 ,an identification of all relevant intellectual property1 raw materials1 and semi-finished goods and components sourced domestically and abroad by such entity4 7#e7 ,specifications of the microelectronics manufactured or designed by such entity1 descriptions of the end-uses of such microelectronics1 and a description of any technical support provided to end-users of such microelectronics by such entity4 7#f7 ,information on domestic and export market sales by such entity4 7#g7 ,information on the financial performance1 including income and expenditures1 of such entity4 7#h7 ,a list of all foreign and domestic subsidies1 and any other financial incentives1 received by such entity in each market in which such entity operates4 7#i7 ,a list of information requests from the ,people's ,republic of ,china to such entity1 and a description of the nature of each request and the type of information provided4 7#aj7 ,information on any joint ventures1 technology licensing agreements1 and cooperative research or production arrangements of such entity4 7#aa7 ,a description of efforts by such entity to evaluate and control supply chain risks it faces4 7#ab7 ,a list and description of any sales1 licensing agreements1 or partnerships between such entity and the ,people's ,liberation ,army or ,people's ,armed ,police1 including any business relationships with entities through which such sales1 licensing agreements1 or partnerships may occur4 7d7 ,report 7#a7 ,in general ,the ,secretary of ,commerce shall1 in consultation with the ,secretary of ,defense1 the ,secretary of ,homeland ,security1 and the heads of other appropriate ,federal departments and agencies1 submit to ,congress a report on the results of the review required by subsection 7a74 ,the report shall include the following3 7,a7 ,an assessment of the results of the survey4 7,b7 ,a list of critical technology areas impacted by potential disruptions in production of microelectronics1 and a detailed description and assessment of the impact of such potential disruptions on such areas4 7,c7 ,a description and assessment of gaps and vulnerabilities in the microelectronics supply chain and the national industrial supply base4 7#b7 ,form ,the report required by paragraph 7#a7 may be submitted in classified form4 #cjd4 ,funding for development and adoption of measurably secure microelectronics and measurably secure microelectronics supply chains 7a7 ,multilateral ,microelectronics ,security ,fund 7#a7 ,establishment of fund ,there is established in the ,treasury of the ,united ,states a trust fund1 to be known as the ,multilateral ,microelectronics ,security ,fund 7in this section referred to as the ,fund71 consisting of such amounts as may be appropriated to such ,fund and any amounts that may be credited to the ,fund under paragraph 7#b74 7#b7 ,investment of amounts 7,a7 ,investment of amounts ,the ,secretary of the ,treasury shall invest such portion of the ,fund as is not required to meet current withdrawals in interest-bearing obligations of the ,united ,states or in obligations guaranteed as to both principal and interest by the ,united ,states4 7,b7 ,interest and proceeds ,the interest on1 and the proceeds from the sale or redemption of1 any obligations held in the ,fund shall be credited to and form a part of the ,fund4 7#c7 ,use of fund 7,a7 ,in general ,subject to subparagraph 7,b71 amounts in the ,fund shall be available1 as provided in advance in an appropriations ,act1 to the ,secretary of ,state-- 7i7 to provide funding through the common funding mechanism described in subsection 7b77#a7 to support the development and adoption of measurably secure microelectronics and measurably secure microelectronics supply chains2 and 7ii7 to otherwise carry out this section4 7,b7 ,availability contingent on international agreement ,amounts in the ,fund shall be available to the ,secretary of ,state on and after the date on which the ,secretary enters into an agreement with the governments of countries that are partners of the ,united ,states to participate in the common funding mechanism under paragraph 7#a7 of subsection 7b7 and the commitments described in paragraph 7#b7 of that subsection4 7#d7 ,availability of amounts 7,a7 ,in general ,amounts in the ,fund shall remain available through the end of the tenth fiscal year beginning after the date of the enactment of this ,act4 7,b7 ,remainder to treasury ,any amounts remaining in the ,fund after the end of the fiscal year described in subparagraph 7,a7 shall be deposited in the general fund of the ,treasury4 7b7 ,common funding mechanism for development and adoption of measurably secure microelectronics and measurably secure microelectronics supply chains 7#a7 ,in general ,the ,secretary of ,state1 in consultation with the ,secretary of ,commerce1 the ,secretary of ,defense1 the ,secretary of ,homeland ,security1 the ,secretary of the ,treasury1 and the ,director of ,national ,intelligence1 shall seek to establish a common funding mechanism1 in coordination with the governments of countries that are partners of the ,united ,states1 that uses amounts from the ,fund1 and amounts committed by such governments1 to support the development and adoption of secure microelectronics and secure microelectronics supply chains1 including for use in research and development collaborations among countries participating in the common funding mechanism4 7#b7 ,mutual commitments ,the ,secretary of ,state1 in consultation with the ,united ,states ,trade ,representative1 the ,secretary of the ,treasury1 and the ,secretary of ,commerce1 shall seek to negotiate a set of mutual commitments with the governments of countries that are partners of the ,united ,states upon which to condition any expenditure of funds pursuant to the common funding mechanism described in paragraph 7#a74 ,such commitments shall1 at a minimum-- 7,a7 establish transparency requirements for any subsidies or other financial benefits 7including revenue foregone7 provided to microelectronics firms located in or outside such countries2 7,b7 establish consistent policies with respect to countries that-- 7i7 are not participating in the common funding mechanism2 and 7ii7 do not meet transparency requirements established under subparagraph 7,a72 7,c7 promote harmonized treatment of microelectronics and verification processes for items being exported to a country considered a national security risk by a country participating in the common funding mechanism2 7,d7 establish consistent policies and common external policies to address nonmarket economies as the behavior of such countries pertains to microelectronics2 7,e7 align policies on supply chain integrity and microelectronics security1 including with respect to protection and enforcement of intellectual property rights2 and 7,f7 promote harmonized foreign direct investment screening measures with respect to microelectronics to align with national and multilateral security priorities4 7c7 ,annual report to congress ,not later than one year after the date of the enactment of this ,act1 and annually thereafter for each fiscal year during which amounts in the ,fund are available under subsection 7a77#d71 the ,secretary of ,state shall submit to ,congress a report on the status of the implementation of this section that includes a description of-- 7#a7 any commitments made by the governments of countries that are partners of the ,united ,states to providing funding for the common funding mechanism described in subsection 7b77#a7 and the specific amount so committed2 7#b7 the criteria established for expenditure of funds through the common funding mechanism2 7#c7 how1 and to whom1 amounts have been expended from the ,fund2 7#d7 amounts remaining in the ,fund2 7#e7 the progress of the ,secretary of ,state toward entering into an agreement with the governments of countries that are partners of the ,united ,states to participate in the common funding mechanism and the commitments described in subsection 7b77#b72 and 7#f7 any additional authorities needed to enhance the effectiveness of the ,fund in achieving the security goals of the ,united ,states4 #cje4 ,advanced semiconductor research and design 7a7 ,appropriate committees of ,congress ,in this section1 the term appropriate committees of ,congress means-- 7#a7 the ,committee on ,intelligence1 the ,committee on ,commerce1 ,science1 and ,transportation1 the ,committee on ,foreign ,relations1 the ,committee on ,armed ,services1 the ,committee on ,energy and ,natural ,resources1 the ,committee on ,appropriations1 the ,committee on ,banking1 ,housing1 and ,urban ,affairs1 and the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 and 7#b7 the ,permanent ,select ,committee on ,intelligence1 the ,committee on ,energy and ,commerce1 the ,committee on ,foreign ,affairs1 the ,committee on ,armed ,services1 the ,committee on ,science1 ,space1 and ,technology1 the ,committee on ,financial ,services1 and the ,committee on ,homeland ,security of the ,house of ,representatives4 7b7 ,sense of ,congress ,it is the sense of ,congress that the leadership of the ,united ,states in semiconductor technology and innovation is critical to the economic growth and national security of the ,united ,states4 7c7 ,subcommittee on semiconductor leadership 7#a7 ,establishment required ,the ,president shall establish in the ,national ,science and ,technology ,council a subcommittee on matters relating to leadership of the ,united ,states in semiconductor technology and innovation4 7#b7 ,duties ,the duties of the subcommittee established under paragraph 7#a7 are as follows3 7,a7 ,national strategy on semiconductor research 7i7 ,development ,in coordination with the ,secretary of ,defense1 the ,secretary of ,energy1 the ,secretary of ,state1 the ,secretary of ,commerce1 the ,secretary of ,homeland ,security1 the ,director of the ,national ,science ,foundation1 and the ,director of the ,national ,institute of ,standards and ,technology and in consultation with the semiconductor industry and academia1 develop a national strategy on semiconductor research1 development1 manufacturing1 and supply chain security1 including guidance for the funding of research1 and strengthening of the domestic microelectronics workforce4 7ii7 ,reporting and updates ,not less frequently than once every #e years1 to update the strategy developed under clause 7i7 and to submit the revised strategy to the appropriate committees of ,congress4 7iii7 ,implementation ,in coordination with the ,secretary of ,defense1 the ,secretary of ,energy1 the ,secretary of ,state1 the ,secretary of ,commerce1 the ,secretary of ,homeland ,security1 the ,director of the ,national ,science ,foundation1 and the ,director of the ,national ,institute of ,standards and ,technology1 on an annual basis coordinate and recommend each agency's semiconductor related research and development programs and budgets to ensure consistency with the ,national ,semiconductor ,strategy4 7,b7 ,fostering coordination of research and development ,to foster the coordination of semiconductor research and development4 7#c7 ,sunset ,the subcommittee established under paragraph 7#a7 shall terminate on the date that is #aj years after the date of enactment of this ,act4 7d7 ,industrial ,advisory ,committee ,the ,president shall establish a standing subcommittee of the ,president's ,council of ,advisors on ,science and ,technology to advise the ,united ,states ,government on matters relating to microelectronics policy4 7e7 ,national ,semiconductor ,technology ,center 7#a7 ,establishment ,the ,secretary of ,commerce shall establish a national semiconductor technology center to conduct research and prototyping of advanced semiconductor technology to strengthen the economic competitiveness and security of the domestic supply chain1 which will be operated as a public private-sector consortium with participation from the private sector1 the ,department of ,defense1 the ,department of ,energy1 the ,department of ,homeland ,security1 the ,national ,science ,foundation1 and the ,national ,institute of ,standards and ,technology4 7#b7 ,functions ,the functions of the center established under paragraph 7#a7 shall be as follows3 7,a7 ,to conduct advanced semiconductor manufacturing1 design research and prototyping that strengthens the entire domestic ecosystem and is aligned with the ,national ,strategy on ,semiconductor ,research4 7,b7 ,to establish a ,national ,advanced ,packaging ,manufacturing ,program led by the ,national ,institute of ,standards and ,technology1 in coordination with the ,center1 to strengthen semiconductor advanced test1 assembly1 and packaging capability in the domestic ecosystem1 and which shall coordinate with the ,manufacturing ,,usa institute established under paragraph 7#d74 7,c7 ,to establish an investment fund1 in partnership with the private sector1 to support startups in the domestic semiconductor ecosystem4 7,d7 ,to establish a ,semiconductor ,manufacturing ,program through the ,director of the ,national ,institute of ,standards and ,technology to enable advances and breakthroughs in measurement science1 standards1 material characterization1 instrumentation1 testing1 and manufacturing capabilities that will accelerate the underlying research and development for metrology of next generation semiconductors and ensure the competitiveness and leadership of the ,united ,states within this sector4 7,e7 ,to work with the ,secretary of ,labor1 the private sector1 educational institutions1 and workforce training entities to develop workforce training programs and apprenticeships in advanced microelectronic packaging capabilities4 7#c7 ,components ,the fund established under paragraph 7#b77;,c7 shall cover the following3 7,a7 ,advanced metrology and characterization for manufacturing of microchips using #c nanometer transistor processes or more advanced processes4 7,b7 ,metrology for security and supply chain verification4 7#d7 ,creation of a ,manufacturing ,,usa institute ,the fund established under paragraph 7#b77;,c7 may also cover the creation of a ,manufacturing ,,usa institute described in section #cd7;d7 of the ,national ,institute of ,standards and ,technology ,act 7#ae ,u4,s4,c4 #bghs7d77 that is focused on semiconductor manufacturing4 ,such institute may emphasize the following3 7,a7 ,research to support the virtualization and automation of maintenance of semiconductor machinery4 7,b7 ,development of new advanced test1 assembly and packaging capabilities4 7,c7 ,developing and deploying educational and skills training curricula needed to support the industry sector and ensure the ,u4,s4 can build and maintain a trusted and predictable talent pipeline4 7f7 ,domestic production requirements ,the head of any executive agency receiving funding under this section shall develop policies to require domestic production1 to the extent possible1 for any intellectual property resulting from microelectronics research and development conducted as a result of these funds and domestic control requirements to protect any such intellectual property from foreign adversaries4 #cjf4 ,prohibition relating to foreign adversaries ,none of the funds appropriated pursuant to an authorization in this title may be provided to an entity-- 7#a7 under the foreign ownership1 control1 or influence of the ,government of the ,people's ,republic of ,china or the ,chinese ,communist ,party1 or other foreign adversary 7as defined in section #cja7;a77#d772 or 7#b7 determined to have beneficial ownership from foreign individuals subject to the jurisdiction1 direction1 or influence of foreign adversaries 7as so defined74 ,,iv ,critical minerals #dja4 ,mineral security 7a7 ,definitions ,in this section3 7#a7 ,byproduct ,the term byproduct means a critical mineral-- 7,a7 the recovery of which depends on the production of a host mineral that is not designated as a critical mineral2 and 7,b7 that exists in sufficient quantities to be recovered during processing or refining4 7#b7 ,critical mineral 7,a7 ,in general ,the term critical mineral means any mineral1 element1 substance1 or material designated as critical by the ,secretary under subsection 7c74 7,b7 ,exclusions ,the term critical mineral does not include-- 7i7 fuel minerals1 including oil1 natural gas1 or any other fossil fuels2 or 7ii7 water1 ice1 or snow4 7#c7 ,indian tribe ,the term ,indian tribe has the meaning given the term in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd74 7#d7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7#e7 ,state ,the term ,state means-- 7,a7 a ,state2 7,b7 the ,district of ,columbia2 7,c7 the ,commonwealth of ,puerto ,rico2 7,d7 ,guam2 7,e7 ,american ,samoa2 7,f7 the ,commonwealth of the ,northern ,mariana ,islands2 and 7,g7 the ,united ,states ,virgin ,islands4 7b7 ,policy 7#a7 ,in general ,section #c of the ,national ,materials and ,minerals ,policy1 ,research and ,development ,act of #aihj 7#cj ,u4,s4,c4 #afjb7 is amended in the second sentence-- 7,a7 by striking paragraph 7#c7 and inserting the following3 7#c7 establish an analytical and forecasting capability for identifying critical mineral demand1 supply1 and other factors to allow informed actions to be taken to avoid supply shortages1 mitigate price volatility1 and prepare for demand growth and other market shifts2 2 7,b7 in paragraph 7#f71 by striking and after the semicolon at the end2 and 7,c7 by striking paragraph 7#g7 and inserting the following3 7#g7 facilitate the availability1 development1 and environmentally responsible production of domestic resources to meet national material or critical mineral needs2 7#h7 avoid duplication of effort1 prevent unnecessary paperwork1 and minimize delays in the administration of applicable laws 7including regulations7 and the issuance of permits and authorizations necessary to explore for1 develop1 and produce critical minerals and to construct critical mineral manufacturing facilities in accordance with applicable environmental and land management laws2 7#i7 strengthen-- 7,a7 educational and research capabilities at not lower than the secondary school level2 and 7,b7 workforce training for exploration and development of critical minerals and critical mineral manufacturing2 7#aj7 bolster international cooperation through technology transfer1 information sharing1 and other means2 7#aa7 promote the efficient production1 use1 and recycling of critical minerals2 7#ab7 develop alternatives to critical minerals2 and 7#ac7 establish contingencies for the production of1 or access to1 critical minerals for which viable sources do not exist within the ,united ,states4 4 7#b7 ,conforming amendment ,section #b7;b7 of the ,national ,materials and ,minerals ,policy1 ,research and ,development ,act of #aihj 7#cj ,u4,s4,c4 #afja7;b77 is amended by striking 7b7 ,as used in this ,act1 the term and inserting the following3 7b7 ,definitions ,in this ,act3 7#a7 ,critical mineral ,the term critical mineral means any mineral1 element1 substance1 or material designated as critical by the ,secretary under section #dja7;c7 of the ,restoring ,critical ,supply ,chains and ,intellectual ,property ,act4 7#b7 ,materials ,the term 4 7c7 ,critical mineral designations 7#a7 ,draft methodology and list ,the ,secretary1 acting through the ,director of the ,united ,states ,geological ,survey 7referred to in this subsection as the ,secretary71 shall publish in the ,federal ,register for public comment-- 7,a7 a description of the draft methodology used to identify a draft list of critical minerals2 7,b7 a draft list of minerals1 elements1 substances1 and materials that qualify as critical minerals2 and 7,c7 a draft list of critical minerals recovered as byproducts4 7#b7 ,availability of data ,if available data is insufficient to provide a quantitative basis for the methodology developed under this subsection1 qualitative evidence may be used to the extent necessary4 7#c7 ,final methodology and list ,after reviewing public comments on the draft methodology and the draft lists published under paragraph 7#a7 and updating the methodology and lists as appropriate1 not later than #de days after the date on which the public comment period with respect to the draft methodology and draft lists closes1 the ,secretary shall publish in the ,federal ,register-- 7,a7 a description of the final methodology for determining which minerals1 elements1 substances1 and materials qualify as critical minerals2 7,b7 the final list of critical minerals2 and 7,c7 the final list of critical minerals recovered as byproducts4 7#d7 ,designations 7,a7 ,in general ,for purposes of carrying out this subsection1 the ,secretary shall maintain a list of minerals1 elements1 substances1 and materials designated as critical1 pursuant to the final methodology published under paragraph 7#c71 that the ,secretary determines-- 7i7 are essential to the economic or national security of the ,united ,states2 7ii7 the supply chain of which is vulnerable to disruption 7including restrictions associated with foreign political risk1 abrupt demand growth1 military conflict1 violent unrest1 anti-competitive or protectionist behaviors1 and other risks throughout the supply chain72 and 7iii7 serve an essential function in the manufacturing of a product 7including energy technology-1 defense-1 currency-1 agriculture-1 consumer electronics-1 and health care-related applications71 the absence of which would have significant consequences for the economic or national security of the ,united ,states4 7,b7 ,inclusions ,notwithstanding the criteria under paragraph 7#c71 the ,secretary may designate and include on the list any mineral1 element1 substance1 or material determined by another ,federal agency to be strategic and critical to the defense or national security of the ,united ,states4 7,c7 ,required consultation ,the ,secretary shall consult with the ,secretaries of ,defense1 ,commerce1 ,agriculture1 and ,energy and the ,united ,states ,trade ,representative in designating minerals1 elements1 substances1 and materials as critical under this paragraph4 7#e7 ,subsequent review 7,a7 ,in general ,the ,secretary1 in consultation with the ,secretaries of ,defense1 ,commerce1 ,agriculture1 and ,energy and the ,united ,states ,trade ,representative1 shall review the methodology and list under paragraph 7#c7 and the designations under paragraph 7#d7 at least every #c years1 or more frequently as the ,secretary considers to be appropriate4 7,b7 ,revisions ,subject to paragraph 7#d77;,a71 the ,secretary may-- 7i7 revise the methodology described in this subsection2 7ii7 determine that minerals1 elements1 substances1 and materials previously determined to be critical minerals are no longer critical minerals2 and 7iii7 designate additional minerals1 elements1 substances1 or materials as critical minerals4 7#f7 ,notice ,on finalization of the methodology and the list under paragraph 7#c71 or any revision to the methodology or list under paragraph 7#e71 the ,secretary shall submit to ,congress written notice of the action4 7d7 ,resource assessment 7#a7 ,in general ,not later than #d years after the date of enactment of this ,act1 in consultation with applicable ,state 7including geological surveys71 local1 academic1 industry1 and other entities1 the ,secretary 7acting through the ,director of the ,united ,states ,geological ,survey7 or a designee of the ,secretary1 shall complete a comprehensive national assessment of each critical mineral that-- 7,a7 identifies and quantifies known critical mineral resources1 using all available public and private information and datasets1 including exploration histories2 and 7,b7 provides a quantitative and qualitative assessment of undiscovered critical mineral resources throughout the ,united ,states1 including probability estimates of tonnage and grade1 using all available public and private information and datasets1 including exploration histories4 7#b7 ,supplementary information ,in carrying out this subsection1 the ,secretary may carry out surveys and field work 7including drilling1 remote sensing1 geophysical surveys1 topographical and geological mapping1 and geochemical sampling and analysis7 to supplement existing information and datasets available for determining the existence of critical minerals in the ,united ,states4 7#c7 ,public access ,subject to applicable law1 to the maximum extent practicable1 the ,secretary shall make all data and metadata collected from the comprehensive national assessment carried out under paragraph 7#a7 publically and electronically accessible4 7#d7 ,technical assistance ,at the request of the ,governor of a ,state or the head of an ,indian tribe1 the ,secretary may provide technical assistance to ,state governments and ,indian tribes conducting critical mineral resource assessments on non-,federal land4 7#e7 ,prioritization 7,a7 ,in general ,the ,secretary may sequence the completion of resource assessments for each critical mineral such that critical minerals considered to be most critical under the methodology established under subsection 7c7 are completed first4 7,b7 ,reporting ,during the period beginning not later than #a year after the date of enactment of this ,act and ending on the date of completion of all of the assessments required under this subsection1 the ,secretary shall submit to ,congress on an annual basis an interim report that-- 7i7 identifies the sequence and schedule for completion of the assessments if the ,secretary sequences the assessments2 or 7ii7 describes the progress of the assessments if the ,secretary does not sequence the assessments4 7#f7 ,updates ,the ,secretary may periodically update the assessments conducted under this subsection based on-- 7,a7 the generation of new information or datasets by the ,federal ,government2 or 7,b7 the receipt of new information or datasets from critical mineral producers1 ,state geological surveys1 academic institutions1 trade associations1 or other persons4 7#g7 ,additional surveys ,the ,secretary shall complete a resource assessment for each additional mineral or element subsequently designated as a critical mineral under subsection 7c77#e77;,b7 not later than #b years after the designation of the mineral or element4 7#h7 ,report ,not later than #b years after the date of enactment of this ,act1 the ,secretary shall submit to ,congress a report describing the status of geological surveying of ,federal land for any mineral commodity-- 7,a7 for which the ,united ,states was dependent on a foreign country for more than #be percent of the ,united ,states supply1 as depicted in the report issued by the ,united ,states ,geological ,survey entitled ,mineral ,commodity ,summaries #bjbj2 but 7,b7 that is not designated as a critical mineral under subsection 7c74 7e7 ,permitting 7#a7 ,sense of ,congress ,it is the sense of ,congress that-- 7,a7 critical minerals are fundamental to the economy1 competitiveness1 and security of the ,united ,states2 7,b7 to the maximum extent practicable1 the critical mineral needs of the ,united ,states should be satisfied by minerals responsibly produced and recycled in the ,united ,states2 and 7,c7 the ,federal permitting process has been identified as an impediment to mineral production and the mineral security of the ,united ,states4 7#b7 ,performance improvements ,to improve the quality and timeliness of decisions1 the ,secretary 7acting through the ,director of the ,bureau of ,land ,management7 and the ,secretary of ,agriculture 7acting through the ,chief of the ,forest ,service7 7referred to in this subsection as the ,secretaries7 shall1 to the maximum extent practicable1 with respect to critical mineral production on ,federal land1 complete ,federal permitting and review processes with maximum efficiency and effectiveness1 while supporting vital economic growth1 by-- 7,a7 establishing and adhering to timelines and schedules for the consideration of1 and final decisions regarding1 applications1 operating plans1 leases1 licenses1 permits1 and other use authorizations for mineral-related activities on ,federal land2 7,b7 establishing clear1 quantifiable1 and temporal permitting performance goals and tracking progress against those goals2 7,c7 engaging in early collaboration among agencies1 project sponsors1 and affected stakeholders-- 7i7 to incorporate and address the interests of those parties2 and 7ii7 to minimize delays2 7,d7 ensuring transparency and accountability by using cost-effective information technology to collect and disseminate information regarding individual projects and agency performance2 7,e7 engaging in early and active consultation with ,state1 local1 and ,indian tribal governments to avoid conflicts or duplication of effort1 resolve concerns1 and allow for concurrent1 rather than sequential1 reviews2 7,f7 providing demonstrable improvements in the performance of ,federal permitting and review processes1 including lower costs and more timely decisions2 7,g7 expanding and institutionalizing permitting and review process improvements that have proven effective2 7,h7 developing mechanisms to better communicate priorities and resolve disputes among agencies at the national1 regional1 ,state1 and local levels2 and 7,i7 developing other practices1 such as preapplication procedures4 7#c7 ,review and report ,not later than #a year after the date of enactment of this ,act1 the ,secretaries shall submit to ,congress a report that-- 7,a7 identifies additional measures 7including regulatory and legislative proposals1 as appropriate7 that would increase the timeliness of permitting activities for the exploration and development of domestic critical minerals2 7,b7 identifies options 7including cost recovery paid by permit applicants7 for ensuring adequate staffing and training of ,federal entities and personnel responsible for the consideration of applications1 operating plans1 leases1 licenses1 permits1 and other use authorizations for critical mineral-related activities on ,federal land2 7,c7 quantifies the amount of time typically required 7including range derived from minimum and maximum durations1 mean1 median1 variance1 and other statistical measures or representations7 to complete each step 7including those aspects outside the control of the executive branch1 such as judicial review1 applicant decisions1 or ,state and local government involvement7 associated with the development and processing of applications1 operating plans1 leases1 licenses1 permits1 and other use authorizations for critical mineral-related activities on ,federal land1 which shall serve as a baseline for the performance metric under paragraph 7#d72 and 7,d7 describes actions carried out pursuant to paragraph 7#b74 7#d7 ,performance metric ,not later than #ij days after the date of submission of the report under paragraph 7#c71 the ,secretaries1 after providing public notice and an opportunity to comment1 shall develop and publish a performance metric for evaluating the progress made by the executive branch to expedite the permitting of activities that will increase exploration for1 and development of1 domestic critical minerals1 while maintaining environmental standards4 7#e7 ,annual reports ,beginning with the first budget submission by the ,president under section #aaje of title #ca1 ,united ,states ,code1 after publication of the performance metric required under paragraph 7#d71 and annually thereafter1 the ,secretaries shall submit to ,congress a report that-- 7,a7 summarizes the implementation of recommendations1 measures1 and options identified in subparagraphs 7,a7 and 7,b7 of paragraph 7#c72 7,b7 using the performance metric under paragraph 7#d71 describes progress made by the executive branch1 as compared to the baseline established pursuant to paragraph 7#c77;,c71 on expediting the permitting of activities that will increase exploration for1 and development of1 domestic critical minerals2 and 7,c7 compares the ,united ,states to other countries in terms of permitting efficiency and any other criteria relevant to the globally competitive critical minerals industry4 7#f7 ,individual projects ,using data from the ,secretaries generated under paragraph 7#e71 the ,director of the ,office of ,management and ,budget shall prioritize inclusion of individual critical mineral projects on the website operated by the ,office of ,management and ,budget in accordance with section #aabb of title #ca1 ,united ,states ,code4 7#g7 ,report of ,small ,business ,administration ,not later than #a year and #cjj days after the date of enactment of this ,act1 the ,administrator of the ,small ,business ,administration shall submit to the applicable committees of ,congress a report that assesses the performance of ,federal agencies with respect to-- 7,a7 complying with chapter #f of title #e1 ,united ,states ,code 7commonly known as the ,regulatory ,flexibility ,act71 in promulgating regulations applicable to the critical minerals industry2 and 7,b7 performing an analysis of regulations applicable to the critical minerals industry that may be outmoded1 inefficient1 duplicative1 or excessively burdensome4 7f7 ,federal ,register process 7#a7 ,departmental review ,absent any extraordinary circumstance1 and except as otherwise required by law1 the ,secretary and the ,secretary of ,agriculture shall ensure that each ,federal ,register notice described in paragraph 7#b7 shall be-- 7,a7 subject to any required reviews within the ,department of the ,interior or the ,department of ,agriculture2 and 7,b7 published in final form in the ,federal ,register not later than #de days after the date of initial preparation of the notice4 7#b7 ,preparation ,the preparation of ,federal ,register notices required by law associated with the issuance of a critical mineral exploration or mine permit shall be delegated to the organizational level within the agency responsible for issuing the critical mineral exploration or mine permit4 7#c7 ,transmission ,all ,federal ,register notices regarding official document availability1 announcements of meetings1 or notices of intent to undertake an action shall be originated in1 and transmitted to the ,federal ,register from1 the office in which1 as applicable-- 7,a7 the documents or meetings are held2 or 7,b7 the activity is initiated4 7g7 ,recycling1 efficiency1 and alternatives 7#a7 ,establishment ,the ,secretary of ,energy 7referred to in this subsection as the ,secretary7 shall conduct a program of research and development-- 7,a7 to promote the efficient production1 use1 and recycling of critical minerals throughout the supply chain2 and 7,b7 to develop alternatives to critical minerals that do not occur in significant abundance in the ,united ,states4 7#b7 ,cooperation ,in carrying out the program1 the ,secretary shall cooperate with appropriate-- 7,a7 ,federal agencies and ,national ,laboratories2 7,b7 critical mineral producers2 7,c7 critical mineral processors2 7,d7 critical mineral manufacturers2 7,e7 trade associations2 7,f7 academic institutions2 7,g7 small businesses2 and 7,h7 other relevant entities or individuals4 7#c7 ,activities ,under the program1 the ,secretary shall carry out activities that include the identification and development of-- 7,a7 advanced critical mineral extraction1 production1 separation1 alloying1 or processing technologies that decrease the energy consumption1 environmental impact1 and costs of those activities1 including-- 7i7 efficient water and wastewater management strategies2 7ii7 technologies and management strategies to control the environmental impacts of radionuclides in ore tailings2 7iii7 technologies for separation and processing2 and 7iv7 technologies for increasing the recovery rates of byproducts from host metal ores2 7,b7 technologies or process improvements that minimize the use1 or lead to more efficient use1 of critical minerals across the full supply chain2 7,c7 technologies1 process improvements1 or design optimizations that facilitate the recycling of critical minerals1 and options for improving the rates of collection of products and scrap containing critical minerals from post-consumer1 industrial1 or other waste streams2 7,d7 commercial markets1 advanced storage methods1 energy applications1 and other beneficial uses of critical minerals processing byproducts2 7,e7 alternative minerals1 metals1 and materials1 particularly those available in abundance within the ,united ,states and not subject to potential supply restrictions1 that lessen the need for critical minerals2 and 7,f7 alternative energy technologies or alternative designs of existing energy technologies1 particularly those that use minerals that-- 7i7 occur in abundance in the ,united ,states2 and 7ii7 are not subject to potential supply restrictions4 7#d7 ,reports ,not later than #b years after the date of enactment of this ,act1 and annually thereafter1 the ,secretary shall submit to ,congress a report summarizing the activities1 findings1 and progress of the program4 7h7 ,analysis and forecasting 7#a7 ,capabilities ,in order to evaluate existing critical mineral policies and inform future actions that may be taken to avoid supply shortages1 mitigate price volatility1 and prepare for demand growth and other market shifts1 the ,secretary 7acting through the ,director of the ,united ,states ,geological ,survey7 or a designee of the ,secretary1 in consultation with the ,energy ,information ,administration1 academic institutions1 and others in order to maximize the application of existing competencies related to developing and maintaining computer-models and similar analytical tools1 shall conduct and publish the results of an annual report that includes-- 7,a7 as part of the annually published ,mineral ,commodity ,summaries from the ,united ,states ,geological ,survey1 a comprehensive review of critical mineral production1 consumption1 and recycling patterns1 including-- 7i7 the quantity of each critical mineral domestically produced during the preceding year2 7ii7 the quantity of each critical mineral domestically consumed during the preceding year2 7iii7 market price data or other price data for each critical mineral2 7iv7 an assessment of-- 7,i7 critical mineral requirements to meet the national security1 energy1 economic1 industrial1 technological1 and other needs of the ,united ,states during the preceding year2 7,,ii7 the reliance of the ,united ,states on foreign sources to meet those needs during the preceding year2 and 7,,iii7 the implications of any supply shortages1 restrictions1 or disruptions during the preceding year2 7v7 the quantity of each critical mineral domestically recycled during the preceding year2 7vi7 the market penetration during the preceding year of alternatives to each critical mineral2 7vii7 a discussion of international trends associated with the discovery1 production1 consumption1 use1 costs of production1 prices1 and recycling of each critical mineral as well as the development of alternatives to critical minerals2 and 7viii7 such other data1 analyses1 and evaluations as the ,secretary finds are necessary to achieve the purposes of this subsection2 and 7,b7 a comprehensive forecast1 entitled the ,annual ,critical ,minerals ,outlook1 of projected critical mineral production1 consumption1 and recycling patterns1 including-- 7i7 the quantity of each critical mineral projected to be domestically produced over the subsequent #a-year1 #e-year1 and #aj-year periods2 7ii7 the quantity of each critical mineral projected to be domestically consumed over the subsequent #a-year1 #e-year1 and #aj-year periods2 7iii7 an assessment of-- 7,i7 critical mineral requirements to meet projected national security1 energy1 economic1 industrial1 technological1 and other needs of the ,united ,states2 7,,ii7 the projected reliance of the ,united ,states on foreign sources to meet those needs2 and 7,,iii7 the projected implications of potential supply shortages1 restrictions1 or disruptions2 7iv7 the quantity of each critical mineral projected to be domestically recycled over the subsequent #a-year1 #e-year1 and #aj-year periods2 7v7 the market penetration of alternatives to each critical mineral projected to take place over the subsequent #a-year1 #e-year1 and #aj-year periods2 7vi7 a discussion of reasonably foreseeable international trends associated with the discovery1 production1 consumption1 use1 costs of production1 and recycling of each critical mineral as well as the development of alternatives to critical minerals2 and 7vii7 such other projections relating to each critical mineral as the ,secretary determines to be necessary to achieve the purposes of this subsection4 7#b7 ,proprietary information ,in preparing a report described in paragraph 7#a71 the ,secretary shall ensure1 consistent with section #e7;f7 of the ,national ,materials and ,minerals ,policy1 ,research and ,development ,act of #aihj 7#cj ,u4,s4,c4 #afjd7;f771 that-- 7,a7 no person uses the information and data collected for the report for a purpose other than the development of or reporting of aggregate data in a manner such that the identity of the person or firm who supplied the information is not discernible and is not material to the intended uses of the information2 7,b7 no person discloses any information or data collected for the report unless the information or data has been transformed into a statistical or aggregate form that does not allow the identification of the person or firm who supplied particular information2 and 7,c7 procedures are established to require the withholding of any information or data collected for the report if the ,secretary determines that withholding is necessary to protect proprietary information1 including any trade secrets or other confidential information4 7i7 ,education and workforce 7#a7 ,workforce assessment ,not later than #a year and #cjj days after the date of enactment of this ,act1 the ,secretary of ,labor 7in consultation with the ,secretary1 the ,director of the ,national ,science ,foundation1 institutions of higher education with substantial expertise in mining1 institutions of higher education with significant expertise in minerals research1 including fundamental research into alternatives1 and employers in the critical minerals sector7 shall submit to ,congress an assessment of the domestic availability of technically trained personnel necessary for critical mineral exploration1 development1 assessment1 production1 manufacturing1 recycling1 analysis1 forecasting1 education1 and research1 including an analysis of-- 7,a7 skills that are in the shortest supply as of the date of the assessment2 7,b7 skills that are projected to be in short supply in the future2 7,c7 the demographics of the critical minerals industry and how the demographics will evolve under the influence of factors such as an aging workforce2 7,d7 the effectiveness of training and education programs in addressing skills shortages2 7,e7 opportunities to hire locally for new and existing critical mineral activities2 7,f7 the sufficiency of personnel within relevant areas of the ,federal ,government for achieving the policies described in section #c of the ,national ,materials and ,minerals ,policy1 ,research and ,development ,act of #aihj 7#cj ,u4,s4,c4 #afjb72 and 7,g7 the potential need for new training programs to have a measurable effect on the supply of trained workers in the critical minerals industry4 7#b7 ,curriculum study 7,a7 ,in general ,the ,secretary and the ,secretary of ,labor shall jointly enter into an arrangement with the ,national ,academy of ,sciences and the ,national ,academy of ,engineering under which the ,academies shall coordinate with the ,national ,science ,foundation on conducting a study-- 7i7 to design an interdisciplinary program on critical minerals that will support the critical mineral supply chain and improve the ability of the ,united ,states to increase domestic1 critical mineral exploration1 development1 production1 manufacturing1 research1 including fundamental research into alternatives1 and recycling2 7ii7 to address undergraduate and graduate education1 especially to assist in the development of graduate level programs of research and instruction that lead to advanced degrees with an emphasis on the critical mineral supply chain or other positions that will increase domestic1 critical mineral exploration1 development1 production1 manufacturing1 research1 including fundamental research into alternatives1 and recycling2 7iii7 to develop guidelines for proposals from institutions of higher education with substantial capabilities in the required disciplines for activities to improve the critical mineral supply chain and advance the capacity of the ,united ,states to increase domestic1 critical mineral exploration1 research1 development1 production1 manufacturing1 and recycling2 and 7iv7 to outline criteria for evaluating performance and recommendations for the amount of funding that will be necessary to establish and carry out the program described in paragraph 7#c74 7,b7 ,report ,not later than #b years after the date of enactment of this ,act1 the ,secretary shall submit to ,congress a description of the results of the study required under subparagraph 7,a74 7#c7 ,program 7,a7 ,establishment ,the ,secretary and the ,secretary of ,labor shall jointly conduct a competitive grant program under which institutions of higher education may apply for and receive #d-year grants for-- 7i7 startup costs for newly designated faculty positions in integrated critical mineral education1 research1 innovation1 training1 and workforce development programs consistent with paragraph 7#b72 7ii7 internships1 scholarships1 and fellowships for students enrolled in programs related to critical minerals2 7iii7 equipment necessary for integrated critical mineral innovation1 training1 and workforce development programs2 and 7iv7 research of critical minerals and their applications1 particularly concerning the manufacture of critical components vital to national security4 7,b7 ,renewal ,a grant under this paragraph shall be renewable for up to #b additional #c-year terms based on performance criteria outlined under paragraph 7#b77;,a77iv74 7j7 ,national geological and geophysical data preservation program ,section #cea7k7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aeijh7k77 is amended by striking #cj1jjj1jjj for each of fiscal years #bjjf through #bjaj and inserting #e1jjj1jjj for each of fiscal years #bjba through #bjcj1 to remain available until expended4 7k7 ,administration 7#a7 ,in general ,the ,national ,critical ,materials ,act of #aihd 7#cj ,u4,s4,c4 #ahja et seq47 is repealed4 7#b7 ,conforming amendment ,section #c7;d7 of the ,national ,superconductivity and ,competitiveness ,act of #aihh 7#ae ,u4,s4,c4 #ebjb7;d77 is amended in the first sentence by striking 1 with the assistance of the ,national ,critical ,materials ,council as specified in the ,national ,critical ,materials ,act of #aihd 7#cj ,u4,s4,c4 #ahja et seq4714 7#c7 ,savings clauses 7,a7 ,in general ,nothing in this section or an amendment made by this section modifies any requirement or authority provided by-- 7i7 the matter under the heading ,,geological ,,survey of the first section of the ,act of ,march #c1 #ahgi 7#dc ,u4,s4,c4 #ca7;a772 or 7ii7 the first section of ,public ,law #hg-fbf 7#dc ,u4,s4,c4 #ca7;b774 7,b7 ,effect on ,department of ,defense ,nothing in this section or an amendment made by this section affects the authority of the ,secretary of ,defense with respect to the work of the ,department of ,defense on critical material supplies in furtherance of the national defense mission of the ,department of ,defense4 7,c7 ,secretarial order not affected ,this section shall not apply to any mineral described in ,secretarial ,order ,no4 #ccbd1 issued by the ,secretary on ,december #c1 #bjab1 in any area to which the order applies4 7#d7 ,application of certain provisions 7,a7 ,in general ,subsections 7e7 and 7f7 shall apply to-- 7i7 an exploration project in which the presence of a byproduct is reasonably expected1 based on known mineral companionality1 geologic formation1 mineralogy1 or other factors2 and 7ii7 a project that demonstrates that the byproduct is of sufficient grade that1 when combined with the production of a host mineral1 the byproduct is economic to recover1 as determined by the applicable ,secretary in accordance with subparagraph 7,b74 7,b7 ,requirement ,in making the determination under subparagraph 7,a77ii71 the applicable ,secretary shall consider the cost effectiveness of the byproducts recovery4 7l7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #ej1jjj1jjj for each of fiscal years #bjba through #bjcj4 #djb4 ,rare earth element advanced coal technologies 7a7 ,program for extraction and recovery of rare earth elements and minerals from coal and coal byproducts 7#a7 ,in general ,the ,secretary of ,energy1 acting through the ,assistant ,secretary for ,fossil ,energy 7referred to in this section as the ,secretary71 shall carry out a program under which the ,secretary shall develop advanced separation technologies for the extraction and recovery of rare earth elements and minerals from coal and coal byproducts4 7#b7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out the program described in paragraph 7#a7 #bc1jjj1jjj for each of fiscal years #bjba through #bjbh4 7b7 ,report ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall submit to the ,committee on ,energy and ,natural ,resources of the ,senate and the ,committee on ,energy and ,commerce of the ,house of ,representatives a report evaluating the development of advanced separation technologies for the extraction and recovery of rare earth elements and minerals from coal and coal byproducts1 including acid mine drainage from coal mines4