Science and Technology Issues for the 118th Congress

Changes from November 27, 2023 to February 29, 2024

This page shows textual changes in the document between the two versions indicated in the dates above. Textual matter removed in the later version is indicated with ~~red strikethrough~~ and textual matter added in the later version is indicated with blue.

Science and Technology Issues for the
~~November 27, 2023~~
~~118th~~ 118th February 29, 2024 Congress
Jason A. Gallo,
The federal government supports scientific and technological advancement directly by funding The federal government supports scientific and technological advancement directly by funding
Coordinator
and performing research and development and indirectly by creating and maintaining policies and performing research and development and indirectly by creating and maintaining policies
Section Research Manager Section Research Manager
that encourage private sector efforts. Additionally, the federal government regulates many that encourage private sector efforts. Additionally, the federal government regulates many

aspects of science and technology (S&T) activities. Federal S&T support has led to scientific aspects of science and technology (S&T) activities. Federal S&T support has led to scientific
breakthroughs and new technologies ranging from jet aircraft and the internet to communications breakthroughs and new technologies ranging from jet aircraft and the internet to communications

satellites and defenses against disease. satellites and defenses against disease.
Many science and technology policy issues that may come before the 118th Congress represent areas of continuing Member Many science and technology policy issues that may come before the 118th Congress represent areas of continuing Member
interest. Examples include cross-cutting issues that affect scientific and technological progress, agricultural research, climate interest. Examples include cross-cutting issues that affect scientific and technological progress, agricultural research, climate
change, Defense Department research, earth science, space, and water. Other issues represent new or rapidly transforming change, Defense Department research, earth science, space, and water. Other issues represent new or rapidly transforming
areas such as biotechnology, energy, information technology and social media, financial technology, and areas such as biotechnology, energy, information technology and social media, financial technology, and
telecommunications. Some of these S&T issue areas are described briefly below. telecommunications. Some of these S&T issue areas are described briefly below.
Cross-Cutting Issues
Issues that cut across multiple S&T disciplines include federal R&D funding, interagency S&T coordination, the adequacy of Issues that cut across multiple S&T disciplines include federal R&D funding, interagency S&T coordination, the adequacy of
the domestic science and engineering workforce, the role of patents and other intellectual property policies, the domestic science and engineering workforce, the role of patents and other intellectual property policies, semiconductors, and tax and tax
incentives. incentives.
Agriculture
The federal government funds billions of dollars of agricultural research annually. The 118th Congress may consider issues The federal government funds billions of dollars of agricultural research annually. The 118th Congress may consider issues
related to funding this research, as well as specific issues related to climate change science at the U.S. Department of related to funding this research, as well as specific issues related to climate change science at the U.S. Department of
Agriculture. Agriculture.
Climate Change
S&T considerations permeate deliberations on climate change and may be grouped into five interrelated topics: climate S&T considerations permeate deliberations on climate change and may be grouped into five interrelated topics: climate
change-related science and the ocean-climate nexus; change-related science and the ocean-climate nexus; ~~clean energy research, development, demonstration, and deployment;~~
~~climate change and infrastructure; S&T for adaptation and resilience to climate change~~climate mitigation science and technology; infrastructure and decarbonization; climate change adaptation and resilience; and carbon capture, utilization, and ; and carbon capture, utilization, and
sequestration. sequestration.
Biotechnology and Biomedical Research
Recent advances in biotechnology and biomedical research hold the promise of longer and healthier lives and more Recent advances in biotechnology and biomedical research hold the promise of longer and healthier lives and more
productive industry while raising policy challenges. Some issues that the 118th Congress may face include those relating to productive industry while raising policy challenges. Some issues that the 118th Congress may face include those relating to
the bioeconomy; the National Institutes of Health; the bioeconomy; the National Institutes of Health; the Office of the National Coordinator for Health Information Technology; oversight of engineering biology; regulation of laboratory-developed tests; oversight of engineering biology; regulation of laboratory-developed tests;
monitoring of environmental DNA and RNA; and the convergence of biotechnology, digital data, robotics, and artificial monitoring of environmental DNA and RNA; and the convergence of biotechnology, digital data, robotics, and artificial
intelligence. intelligence.
Defense
Research and Development The Department of Defense (DOD) relies on a robust research and development effort to develop new military systems and The Department of Defense (DOD) relies on a robust research and development effort to develop new military systems and
improve existing systems. Issues that may come before the 118th Congress regarding DOD’s S&T activities include improve existing systems. Issues that may come before the 118th Congress regarding DOD’s S&T activities include
budgetary concerns and the effectiveness of programs to transition R&D results into fielded products and how DOD budgetary concerns and the effectiveness of programs to transition R&D results into fielded products and how DOD
encourages innovation. encourages innovation.
Energy
~~Energy-related S&T issues~~, Minerals, and Mining S&T issues related to energy, minerals and mining that may come before the 118th Congress include biofuels, that may come before the 118th Congress include biofuels, electricity transmission, offshore energy technologies, offshore energy technologies, ~~and~~
~~hydrogen pipelines.~~
hydrogen, hydrogen pipelines, critical minerals and materials, and seabed mining. Congressional Research Service Congressional Research Service

Science and Technology Issues for the 118th Congress

Earth ~~and Environmental~~ Sciences
Earth-scienceEarth-science- related issues that may come before the 118th Congress include related issues that may come before the 118th Congress include ~~those raised by the National Spatial Data~~
~~Infrastructure system, the ShakeAlert earthquake early warning system and seabed mining of critical minerals~~the reauthorization of the National Earthquake Hazards Reduction Program; changes to the National Oceanic and Atmospheric Administration’s S&T activities; and improvements to weather observations, modeling, and forecasting. .
Financial Technology
Financial technology, or , or fintech, refers to a broad set of technologies being deployed across a variety of financial industries , refers to a broad set of technologies being deployed across a variety of financial industries
and activities, including those related to cryptocurrency, investor applications, and consumer finance applications. and activities, including those related to cryptocurrency, investor applications, and consumer finance applications.
Information Technology and Social Media
~~The rapid pace of~~Rapid advancements in information technologies advancements in information technologies ~~presents~~present several issues for congressional policymakers, several issues for congressional policymakers,
including those related to artificial intelligence, cybersecurity, including those related to artificial intelligence, cybersecurity, ~~social media platforms, big tech and online platforms,~~
~~immersive technologies, and law enforcement access to platforms and its use of facial recognition technology and social~~
~~media.~~big tech and online platforms, social media, consumer data privacy, children on the internet, quantum information science and technology, immersive technologies, blockchain (ledger) technologies, law enforcement use of information technologies and social media, and biometric technologies.
Space and Aviation
Congress has historically had a strong interest in space policy and aviation issues. Issues that may come before the 118th Congress has historically had a strong interest in space policy and aviation issues. Issues that may come before the 118th
Congress include the funding and oversight of the National Aeronautics and Space Administration, issues related to the Congress include the funding and oversight of the National Aeronautics and Space Administration, issues related to the
commercialization of space, Earth-observing satellites, commercialization of space, Earth-observing satellites, ~~and~~ advanced air mobility technologiesadvanced air mobility technologies, and law enforcement use of drones. .
Telecommunications
Telecommunication technologies present several issues for policymakers in the 118th Congress, including those related to 5G Telecommunication technologies present several issues for policymakers in the 118th Congress, including those related to 5G
technologies, broadband deployment and the digital divide, undersea cables, federal spectrum auctions and allocations, and technologies, broadband deployment and the digital divide, undersea cables, federal spectrum auctions and allocations, and
Federal Communications Commission and National Telecommunications and Information Administration spectrum Federal Communications Commission and National Telecommunications and Information Administration spectrum
programs. programs.
Water, Accessibility, and Use
Water research and technology topics include issues relating to water data and aquatic ecosystem information, water Water research and technology topics include issues relating to water data and aquatic ecosystem information, water
infrastructure and water use, and water quality. infrastructure and water use, and water quality.
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Introduction
The federal science and technology (S&T) policymaking enterprise is composed of an extensive The federal science and technology (S&T) policymaking enterprise is composed of an extensive
and diverse set of stakeholders in the executive, legislative, and judicial branches. The enterprise and diverse set of stakeholders in the executive, legislative, and judicial branches. The enterprise
fosters, among other things, the advancement of scientific and technical knowledge; science, fosters, among other things, the advancement of scientific and technical knowledge; science,
technology, engineering, and mathematics (STEM) education; the application of S&T to achieve technology, engineering, and mathematics (STEM) education; the application of S&T to achieve
economic, national security, and other societal benefits; and the use of S&T to improve federal economic, national security, and other societal benefits; and the use of S&T to improve federal
decisionmaking. decisionmaking.
Federal responsibilities for S&T policymaking are highly decentralized. Many House and Senate Federal responsibilities for S&T policymaking are highly decentralized. Many House and Senate
committees have jurisdiction over important elements of S&T policy. In addition, congressional committees have jurisdiction over important elements of S&T policy. In addition, congressional
appropriations committees provide funding for federal agency S&T programs. Congress also appropriations committees provide funding for federal agency S&T programs. Congress also
enacts laws to establish, refine, and eliminate programs, policies, regulations, regulatory agencies, enacts laws to establish, refine, and eliminate programs, policies, regulations, regulatory agencies,
and regulatory processes that affect science, technology, and engineering research and and regulatory processes that affect science, technology, and engineering research and
development (R&D) or rely on S&T data and analysis. Not only are congressional authorities development (R&D) or rely on S&T data and analysis. Not only are congressional authorities
related to S&T policymaking are diffuse; there are dozens of informal congressional caucuses in related to S&T policymaking are diffuse; there are dozens of informal congressional caucuses in
areas of S&T policy such as R&D, specific S&T disciplines, and STEM education. areas of S&T policy such as R&D, specific S&T disciplines, and STEM education.
The President formulates annual budgets, policies, and programs for consideration by Congress; The President formulates annual budgets, policies, and programs for consideration by Congress;
issues executive orders and directives; and directs the executive branch departments and agencies issues executive orders and directives; and directs the executive branch departments and agencies
responsible for implementing S&T policies and programs. The Office of Science and Technology responsible for implementing S&T policies and programs. The Office of Science and Technology
Policy (OSTP), in the Executive Office of the President, advises the President and other Policy (OSTP), in the Executive Office of the President, advises the President and other
Administration officials on S&T issues. Administration officials on S&T issues.
Executive agency S&T responsibilities are also diffuse. Some agencies have broad S&T Executive agency S&T responsibilities are also diffuse. Some agencies have broad S&T
responsibilities, such as the National Science Foundation (NSF). Others use S&T to meet a responsibilities, such as the National Science Foundation (NSF). Others use S&T to meet a
specific federal mission (e.g., defense, energy, health, space). Regulatory agencies have S&T specific federal mission (e.g., defense, energy, health, space). Regulatory agencies have S&T
responsibilities in areas such as nuclear energy, food and drug safety, and environmental responsibilities in areas such as nuclear energy, food and drug safety, and environmental
protection. protection.
Federal court cases and decisions often affect U.S. S&T policy. Decisions can have an impact on Federal court cases and decisions often affect U.S. S&T policy. Decisions can have an impact on
the development of S&T (e.g., decisions regarding the U.S. patent system); S&T-intensive the development of S&T (e.g., decisions regarding the U.S. patent system); S&T-intensive
industries (e.g., the break-up of AT&T in the 1980s); and the admissibility of S&T-related industries (e.g., the break-up of AT&T in the 1980s); and the admissibility of S&T-related
evidence (e.g., DNA samples). evidence (e.g., DNA samples).
The issues identified below represent those that CRS experts have identified as particularly The issues identified below represent those that CRS experts have identified as particularly
relevant to the 118th Congress. Each section serves as a brief introduction to the topic and relevant to the 118th Congress. Each section serves as a brief introduction to the topic and
identifies other CRS products and the appropriate CRS experts to contact for further information identifies other CRS products and the appropriate CRS experts to contact for further information
and analysis. and analysis.
Cross-Cutting Issues
This section discusses issues that cut across multiple S&T disciplines. It addresses federal R&D This section discusses issues that cut across multiple S&T disciplines. It addresses federal R&D
funding; interagency S&T coordination; the adequacy of the domestic science and engineering funding; interagency S&T coordination; the adequacy of the domestic science and engineering
workforce; and federal efforts to boost regional innovation, ensure agency scientific integrity, and workforce; and federal efforts to boost regional innovation, ensure agency scientific integrity, and
provide public access to the results of federally supported R&D. It also addresses issues relating provide public access to the results of federally supported R&D. It also addresses issues relating
to the commercialization of results of federal R&D investments, the role of patents and other to the commercialization of results of federal R&D investments, the role of patents and other
intellectual property policies, tax incentives, China’s S&T and industrial policies, and the security intellectual property policies, tax incentives, China’s S&T and industrial policies, and the security
of U.S. research. of U.S. research.
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Federal Funding for Research and Development
The federal government has long supported the advancement of scientific knowledge and The federal government has long supported the advancement of scientific knowledge and
technological development through investments in R&D, which have led to scientific technological development through investments in R&D, which have led to scientific
breakthroughs and new technologies, from jet aircraft and the internet to communications breakthroughs and new technologies, from jet aircraft and the internet to communications
satellites and defenses against disease. Federal R&D funding seeks to address a broad range of satellites and defenses against disease. Federal R&D funding seeks to address a broad range of
national interests, including national defense, health, safety, the environment, and energy security; national interests, including national defense, health, safety, the environment, and energy security;
advance knowledge generally; develop the scientific and engineering workforce; and strengthen advance knowledge generally; develop the scientific and engineering workforce; and strengthen
U.S. innovation and competitiveness. U.S. innovation and competitiveness.
Between FY2008 and FY2013, federal R&D funding fell from $140.1 billion to $130.9 billion in Between FY2008 and FY2013, federal R&D funding fell from $140.1 billion to $130.9 billion in
current dollars, a reduction of $9.3 billion (6.6%). The decline was a reversal of sustained growth current dollars, a reduction of $9.3 billion (6.6%). The decline was a reversal of sustained growth
in federal R&D funding for more than half a century and stirred debate about the potential long-in federal R&D funding for more than half a century and stirred debate about the potential long-
term effects on U.S. technological leadership, innovation, competitiveness, economic growth, and term effects on U.S. technological leadership, innovation, competitiveness, economic growth, and
job creation. From FY2013 to FY2017, federal funding grew, rising to an all-time current dollar job creation. From FY2013 to FY2017, federal funding grew, rising to an all-time current dollar
high of $155.0 billion in FY2017. high of $155.0 billion in FY2017.
A change in R&D accounting by the Office of Management and Budget (OMB) to exclude A change in R&D accounting by the Office of Management and Budget (OMB) to exclude
certain late-stage development activities—primarily at the Department of Defense (DOD) and the certain late-stage development activities—primarily at the Department of Defense (DOD) and the
National Aeronautics and Space Administration (NASA)—from total federal R&D calculations National Aeronautics and Space Administration (NASA)—from total federal R&D calculations
obscures comparison of funding levels for FY2018 and later years with funding from before obscures comparison of funding levels for FY2018 and later years with funding from before
FY2018. As calculated by OMB, current dollar federal R&D funding was $135.8 billion in FY2018. As calculated by OMB, current dollar federal R&D funding was $135.8 billion in
FY2018 and has risen annually to an estimated $159.6 billion in FY2022. Concerns by some FY2018 and has risen annually to an estimated $159.6 billion in FY2022. Concerns by some
about the adequacy of federal R&D funding have been exacerbated by increases in the R&D about the adequacy of federal R&D funding have been exacerbated by increases in the R&D
investments of other nations (China in particular), globalization of R&D and manufacturing investments of other nations (China in particular), globalization of R&D and manufacturing
activities, and trade deficits in advanced technology products (reaching an all-time high in activities, and trade deficits in advanced technology products (reaching an all-time high in
2022)—an area in which the United States previously ran trade surpluses (most recently in 2001). 2022)—an area in which the United States previously ran trade surpluses (most recently in 2001).
In addition, R&D funding decisions may be affected by differing perspectives on the appropriate In addition, R&D funding decisions may be affected by differing perspectives on the appropriate
role of the federal government in advancing S&T. role of the federal government in advancing S&T.
As the 118th Congress undertakes the appropriations process it may consider two overarching As the 118th Congress undertakes the appropriations process it may consider two overarching
issues: (1) the level of federal R&D investment and (2) how available funding will be prioritized issues: (1) the level of federal R&D investment and (2) how available funding will be prioritized
and allocated. The CHIPS and Science Act (P.L. 116-117) authorized substantial increases in the and allocated. The CHIPS and Science Act (P.L. 116-117) authorized substantial increases in the
budgets of several leading federal R&D agencies, though the realization of these authorization budgets of several leading federal R&D agencies, though the realization of these authorization
levels still requires appropriations. Conversely, low or negative growth in the federal levels still requires appropriations. Conversely, low or negative growth in the federal
government’s overall R&D investment may require movement of resources across disciplines, government’s overall R&D investment may require movement of resources across disciplines,
programs, or agencies to address priorities. Congress continues to play a central role in defining programs, or agencies to address priorities. Congress continues to play a central role in defining
the nation’s R&D priorities as it makes decisions with respect to the size and distribution of the nation’s R&D priorities as it makes decisions with respect to the size and distribution of
aggregate, agency, and programmatic R&D funding. aggregate, agency, and programmatic R&D funding.
For Further Information
John F. Sargent Jr., Specialist in Science and Technology Policy John F. Sargent Jr., Specialist in Science and Technology Policy
CRS Video WVB00604, CRS Video WVB00604, Federal Research and Development (R&D) Funding in President
Biden’s FY2024 Budget
CRS Report R47564, CRS Report R47564, Federal Research and Development (R&D) Funding: FY2024
CRS Report R47161, CRS Report R47161, Federal Research and Development (R&D) Funding: FY2023
CRS Report R46869, CRS Report R46869, Federal Research and Development (R&D) Funding: FY2022
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White House Office of Science and Technology Policy
Congress has a long-standing interest in the development and implementation of science and Congress has a long-standing interest in the development and implementation of science and
technology (S&T) policies across the federal government as well as the effective coordination of technology (S&T) policies across the federal government as well as the effective coordination of
multi-agency research and development (R&D) initiatives. To ensure a permanent source of S&T-multi-agency research and development (R&D) initiatives. To ensure a permanent source of S&T-
related advice and policy coordination within the White House, Congress established the Office related advice and policy coordination within the White House, Congress established the Office
of Science and Technology Policy (OSTP) within the Executive Office of the President (EOP) of Science and Technology Policy (OSTP) within the Executive Office of the President (EOP)
through the National Science and Technology Policy, Organization, and Priorities Act of 1976 through the National Science and Technology Policy, Organization, and Priorities Act of 1976
(P.L. 94-282). (P.L. 94-282).
In addition to OSTP, the White House S&T advisory structure includes two councils, for which In addition to OSTP, the White House S&T advisory structure includes two councils, for which
OSTP provides operational and administrative support: the National Science and Technology OSTP provides operational and administrative support: the National Science and Technology
Council (NSTC) and the President's Council of Advisors on Science and Technology (PCAST). Council (NSTC) and the President's Council of Advisors on Science and Technology (PCAST).
Established in 1993 by Executive Order 12881, the NSTC is composed of representatives from Established in 1993 by Executive Order 12881, the NSTC is composed of representatives from
departments and agencies with significant S&T responsibilities and is charged with coordinating departments and agencies with significant S&T responsibilities and is charged with coordinating
S&T policy across the federal government. Established in 1990 by Executive Order 12700, S&T policy across the federal government. Established in 1990 by Executive Order 12700,
PCAST is an independent Federal Advisory Committee composed of external experts who advise PCAST is an independent Federal Advisory Committee composed of external experts who advise
the President on matters involving policy affecting science, technology, and innovation as well as the President on matters involving policy affecting science, technology, and innovation as well as
on matters involving S&T information needed to inform public policy in other areas. on matters involving S&T information needed to inform public policy in other areas.
OSTP is statutorily charged with advising the President on S&T matters; coordinating the OSTP is statutorily charged with advising the President on S&T matters; coordinating the
implementation of S&T priorities across the federal government; and engaging with external implementation of S&T priorities across the federal government; and engaging with external
partners in industry, academia, civil society organizations, and other governmental bodies. partners in industry, academia, civil society organizations, and other governmental bodies.
Accordingly, several issues related to the activities and focus of OSTP (as well as the advisory Accordingly, several issues related to the activities and focus of OSTP (as well as the advisory
bodies it supports, the NSTC and PCAST) are of potential interest to the Congress, including bodies it supports, the NSTC and PCAST) are of potential interest to the Congress, including
staffing practices and potential conflict-of-interest concerns; workplace culture and past staffing practices and potential conflict-of-interest concerns; workplace culture and past
congressional oversight activity; persistent vacancies of Senate-confirmed leadership positions congressional oversight activity; persistent vacancies of Senate-confirmed leadership positions
within OSTP; the stature and influence of PCAST; and the efficacy of federal S&T coordination within OSTP; the stature and influence of PCAST; and the efficacy of federal S&T coordination
efforts. efforts.
For example, Congress has charged the NSTC with specific statutory duties related to the For example, Congress has charged the NSTC with specific statutory duties related to the
coordination of multi-agency R&D initiatives. The 118th Congress might consider the efficacy of coordination of multi-agency R&D initiatives. The 118th Congress might consider the efficacy of
NSTC coordination efforts in the congressionally mandated areas of quantum information science NSTC coordination efforts in the congressionally mandated areas of quantum information science
and artificial intelligence R&D. In doing so, Congress may consider issues and options related to and artificial intelligence R&D. In doing so, Congress may consider issues and options related to
potential resource constraints as well as the adequacy of the NSTC's organization and current potential resource constraints as well as the adequacy of the NSTC's organization and current
authorities to maintain continuity across presidential Administrations. authorities to maintain continuity across presidential Administrations.
For Further Information
Emily G. Blevins, Analyst in Science and Technology Policy Emily G. Blevins, Analyst in Science and Technology Policy
CRS Report R47635, CRS Report R47635, The White House Office of Science and Technology Policy: Issues and
Options for the 118th Congress
CRS Report R47410, CRS Report R47410, The Office of Science and Technology Policy (OSTP): Overview and Issues
for Congress
CRS Video WVB00602, CRS Video WVB00602, The White House Office of Science and Technology Policy: Issues for
the 118th Congress
Adequacy of the U.S. Science and Engineering Workforce
The adequacy of the U.S. science and engineering (S&E) workforce has been an ongoing concern The adequacy of the U.S. science and engineering (S&E) workforce has been an ongoing concern
of Congress for more than 70 years. Scientists and engineers are widely believed to be essential to of Congress for more than 70 years. Scientists and engineers are widely believed to be essential to
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U.S. technological leadership, innovation, manufacturing, and services and thus vital to U.S. U.S. technological leadership, innovation, manufacturing, and services and thus vital to U.S.
economic strength, national defense, and other societal needs. Congress has enacted many economic strength, national defense, and other societal needs. Congress has enacted many
programs to support the education and development of scientists and engineers. Congress has also programs to support the education and development of scientists and engineers. Congress has also
undertaken broad efforts to improve STEM skills to prepare a greater number of students to undertaken broad efforts to improve STEM skills to prepare a greater number of students to
pursue S&E degrees. In addition, some policymakers have sought to increase the number of pursue S&E degrees. In addition, some policymakers have sought to increase the number of
foreign scientists and engineers working in the United States through changes in visa and foreign scientists and engineers working in the United States through changes in visa and
immigration policies. immigration policies.
Most experts agree that there is no authoritative definition of which occupations comprise the Most experts agree that there is no authoritative definition of which occupations comprise the
S&E workforce. Rather, the selection of occupations included in any particular analysis of the S&E workforce. Rather, the selection of occupations included in any particular analysis of the
S&E workforce may vary depending on the objective of the analysis. The policy debate about the S&E workforce may vary depending on the objective of the analysis. The policy debate about the
adequacy of the U.S. S&E workforce has focused largely on professional-level computer adequacy of the U.S. S&E workforce has focused largely on professional-level computer
occupations, mathematical occupations, engineers, and physical scientists. Accordingly, much of occupations, mathematical occupations, engineers, and physical scientists. Accordingly, much of
the analytical focus has been on these occupations. However, some analyses may use a definition the analytical focus has been on these occupations. However, some analyses may use a definition
that includes some or all of these occupations, as well as life scientists, S&E managers, S&E that includes some or all of these occupations, as well as life scientists, S&E managers, S&E
technicians, social scientists, and related occupations. technicians, social scientists, and related occupations.
Many policymakers, business leaders, academics, S&E professional society analysts, economists, Many policymakers, business leaders, academics, S&E professional society analysts, economists,
and others hold differing views with respect to the adequacy of the S&E workforce and related and others hold differing views with respect to the adequacy of the S&E workforce and related
policy issues. These issues include whether there is a shortage of scientists and engineers in the policy issues. These issues include whether there is a shortage of scientists and engineers in the
United States, what the nature of any such shortage might be (e.g., too few people with S&E United States, what the nature of any such shortage might be (e.g., too few people with S&E
degrees, mismatches between skills and needs, geographical mismatches), and whether the degrees, mismatches between skills and needs, geographical mismatches), and whether the
federal government should undertake policy interventions or rely upon market forces to resolve federal government should undertake policy interventions or rely upon market forces to resolve
any shortages in this labor market. Among the key indicators used by labor economists to assess any shortages in this labor market. Among the key indicators used by labor economists to assess
the existence of occupational labor shortages are employment growth, wage growth, and the existence of occupational labor shortages are employment growth, wage growth, and
unemployment rates. unemployment rates.
Concerns about U.S. overreliance on overseas sources of semiconductor microchips—used Concerns about U.S. overreliance on overseas sources of semiconductor microchips—used
ubiquitously throughout the economy and in national security systems—were highlighted during ubiquitously throughout the economy and in national security systems—were highlighted during
debate over the establishment of an incentive program for domestic production of microchips. debate over the establishment of an incentive program for domestic production of microchips.
With the passage of P.L. 117-163 (widely known as the CHIPS and Science Act), some analysts With the passage of P.L. 117-163 (widely known as the CHIPS and Science Act), some analysts
and industry advocates have asserted the need for expanded immigration of skilled technical and industry advocates have asserted the need for expanded immigration of skilled technical
workers to meet the needs of the semiconductor fabrication and related facilities established in the workers to meet the needs of the semiconductor fabrication and related facilities established in the
United States with the support of the act’s provisions. United States with the support of the act’s provisions.
For Further Information
John F. Sargent Jr., Specialist in Science and Technology Policy John F. Sargent Jr., Specialist in Science and Technology Policy
Jill H. Wilson, Analyst in Immigration Policy Jill H. Wilson, Analyst in Immigration Policy
CRS Report R47159, CRS Report R47159, Temporary Professional Foreign Workers: Background, Trends, and Policy
Issues
Federal Efforts to Boost Regional Innovation
The geographic concentration of interconnected companies and institutions in a specific industry The geographic concentration of interconnected companies and institutions in a specific industry
can provide opportunities to leverage talent, infrastructure, supply chains, and other spillover can provide opportunities to leverage talent, infrastructure, supply chains, and other spillover
effects that are advantageous to companies and economic growth. For decades, state, local, and effects that are advantageous to companies and economic growth. For decades, state, local, and
regional stakeholders have pursued cross-sector, multidisciplinary approaches to economic regional stakeholders have pursued cross-sector, multidisciplinary approaches to economic
development through the facilitation of such industry clusters. Industry clusters are generally development through the facilitation of such industry clusters. Industry clusters are generally
designed to address structural or institutional challenges related to entrepreneurship and designed to address structural or institutional challenges related to entrepreneurship and
innovation, access to capital, infrastructure, and workforce needs and may be implemented in innovation, access to capital, infrastructure, and workforce needs and may be implemented in
concert with programs that provide direct assistance to individual firms. Research suggests that concert with programs that provide direct assistance to individual firms. Research suggests that
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firms in innovation-based industries particularly benefit from the advantages of a regional firms in innovation-based industries particularly benefit from the advantages of a regional
innovation ecosystem, including more quickly understanding consumer demand and access to innovation ecosystem, including more quickly understanding consumer demand and access to
feedback from other entrepreneurs. feedback from other entrepreneurs.
Recent executive and legislative branch actions indicate increased federal interest and support for Recent executive and legislative branch actions indicate increased federal interest and support for
regional innovation efforts. In July 2021, the Economic Development Administration (EDA) regional innovation efforts. In July 2021, the Economic Development Administration (EDA)
allocated $1 billion of supplemental funding for economic recovery activities to the Build Back allocated $1 billion of supplemental funding for economic recovery activities to the Build Back
Better Regional Challenge, a grant initiative to support new or existing regional industry clusters. Better Regional Challenge, a grant initiative to support new or existing regional industry clusters.
Additionally, Congress required the establishment of several new regional innovation programs in Additionally, Congress required the establishment of several new regional innovation programs in
the CHIPS and Science Act (P.L. 117-167), including the Regional Technology and Innovation the CHIPS and Science Act (P.L. 117-167), including the Regional Technology and Innovation
Hubs Program at EDA, the Regional Innovation Engines Program at NSF, and the Regional Clean Hubs Program at EDA, the Regional Innovation Engines Program at NSF, and the Regional Clean
Energy Innovation Program at the Department of Energy (DOE). Energy Innovation Program at the Department of Energy (DOE).
The 118th Congress may wish to examine the implementation of these new programs, including The 118th Congress may wish to examine the implementation of these new programs, including
the coordination of federal programs and place-based resources; the scale, scope, and duration of the coordination of federal programs and place-based resources; the scale, scope, and duration of
federal involvement; the long-term sustainability of supported efforts; ensuring inclusive federal involvement; the long-term sustainability of supported efforts; ensuring inclusive
innovation and economic growth; and institutional capacity-building and small business innovation and economic growth; and institutional capacity-building and small business
engagement, among others. A related congressional issue may be the level of funding needed for engagement, among others. A related congressional issue may be the level of funding needed for
both new and existing regional innovation programs. both new and existing regional innovation programs.
For Further Information
Marcy E. Gallo, Analyst in Science and Technology Policy Marcy E. Gallo, Analyst in Science and Technology Policy
Julie M. Lawhorn, Analyst in Economic Development Policy Julie M. Lawhorn, Analyst in Economic Development Policy
Adam G. Levin, Analyst in Economic Development Policy Adam G. Levin, Analyst in Economic Development Policy
Emily G. Blevins, Analyst in Science and Technology Policy Emily G. Blevins, Analyst in Science and Technology Policy
CRS Insight IN12170, CRS Insight IN12170, Economic Development Administration Announces Phase 1 of New Tech
Hubs Program
CRS Insight IN11925, CRS Insight IN11925, Regional Technology and Innovation Hubs: An Overview and Issues for
Congress
CRS Report R47495, CRS Report R47495, Regional Innovation: Federal Programs and Issues for Consideration
Federal Scientific Integrity Policies
The results of R&D help inform the decisions that policymakers and the public make on a wide The results of R&D help inform the decisions that policymakers and the public make on a wide
range of issues, including human health and safety, the environment, agriculture, energy, and range of issues, including human health and safety, the environment, agriculture, energy, and
transportation. For example, scientific information is essential to the review and approval of transportation. For example, scientific information is essential to the review and approval of
drugs and medical devices and the setting of air quality standards. There is broad agreement drugs and medical devices and the setting of air quality standards. There is broad agreement
among policymakers and the scientific and engineering community about the need to ensure the among policymakers and the scientific and engineering community about the need to ensure the
integrity of the conduct, communication, and management of R&D, and its use in policy integrity of the conduct, communication, and management of R&D, and its use in policy
development and decisionmaking. development and decisionmaking.
Some policymakers and others allege that presidential Administrations of both parties have Some policymakers and others allege that presidential Administrations of both parties have
violated principles of scientific integrity. Assertions of such violations include weighting the violated principles of scientific integrity. Assertions of such violations include weighting the
membership of federal advisory committees toward a particular viewpoint or constituency, membership of federal advisory committees toward a particular viewpoint or constituency,
targeting individual scientists for harassment or adverse actions, appointing agency officials with targeting individual scientists for harassment or adverse actions, appointing agency officials with
significant conflicts of interest or antagonistic views toward an agency’s mission, improperly significant conflicts of interest or antagonistic views toward an agency’s mission, improperly
editing scientific documents, and using the budget process to impede the implementation or editing scientific documents, and using the budget process to impede the implementation or
formulation of science-based policies. formulation of science-based policies.
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Following the guidance of a 2010 memorandum issued by OSTP, more than 20 federal Following the guidance of a 2010 memorandum issued by OSTP, more than 20 federal
departments and agencies have developed and implemented scientific integrity policies. There is, departments and agencies have developed and implemented scientific integrity policies. There is,
however, no uniform definition of however, no uniform definition of scientific integrity across the federal government, and a review across the federal government, and a review
of the effectiveness of scientific integrity policies by the National Science and Technology of the effectiveness of scientific integrity policies by the National Science and Technology
Council found, among other things, that “violations involving high-level officials are the most Council found, among other things, that “violations involving high-level officials are the most
problematic and difficult to address.” Some experts have expressed concern over the variation in problematic and difficult to address.” Some experts have expressed concern over the variation in
scope and specificity of federal agency scientific integrity policies and recommended that scope and specificity of federal agency scientific integrity policies and recommended that
Congress enact scientific integrity legislation that would create a clear set of standards and Congress enact scientific integrity legislation that would create a clear set of standards and
mechanisms for enforcement. The 118th Congress may wish to consider such legislation in mechanisms for enforcement. The 118th Congress may wish to consider such legislation in
addition to conducting oversight over the implementation of current policies. addition to conducting oversight over the implementation of current policies.
Further Information
Marcy E. Gallo, Analyst in Science and Technology Policy Marcy E. Gallo, Analyst in Science and Technology Policy
CRS Report R46614, CRS Report R46614, Federal Scientific Integrity Policies: A Primer
Public Access to Scientific Publications Resulting from Federally
Funded ~~R&D~~Research
The federal government invests approximately $150 billion each year in R&D to address a broad The federal government invests approximately $150 billion each year in R&D to address a broad
range of national interests, from advancing public health to strengthening U.S. competitiveness. A range of national interests, from advancing public health to strengthening U.S. competitiveness. A
key component in the transformation of R&D results into innovative products and services is the key component in the transformation of R&D results into innovative products and services is the
dissemination of knowledge through scientific publications. According to OSTP, federally funded dissemination of knowledge through scientific publications. According to OSTP, federally funded
R&D accounted for between 195,000 and 263,000 of the 2.9 million peer-reviewed scientific R&D accounted for between 195,000 and 263,000 of the 2.9 million peer-reviewed scientific
articles published worldwide in 2020. articles published worldwide in 2020.
In 2013, OSTP directed each federal agency with annual R&D expenditures over $100 million to In 2013, OSTP directed each federal agency with annual R&D expenditures over $100 million to
develop and implement a plan to support increased public access to the results of federally funded develop and implement a plan to support increased public access to the results of federally funded
R&D. The OSTP memorandum required, among other things, the use of a 12-month, post-R&D. The OSTP memorandum required, among other things, the use of a 12-month, post-
publication embargo before making scientific publications publicly available. Critics of the publication embargo before making scientific publications publicly available. Critics of the
embargo period argue that it requires American taxpayers to pay twice—once to fund the research embargo period argue that it requires American taxpayers to pay twice—once to fund the research
and then again to view the results. On the other hand, some commercial publishers and nonprofit and then again to view the results. On the other hand, some commercial publishers and nonprofit
scientific societies that publish research journals argue that the embargo period is critical to scientific societies that publish research journals argue that the embargo period is critical to
ensuring subscription revenues that support editing and production costs and other activities such ensuring subscription revenues that support editing and production costs and other activities such
as scientific conferences. as scientific conferences.
In August 2022, OSTP issued a memorandum directing all federal agencies to develop new or In August 2022, OSTP issued a memorandum directing all federal agencies to develop new or
update existing public access plans requiring scientific publications resulting from federally update existing public access plans requiring scientific publications resulting from federally
funded R&D to be publicly accessible immediately upon publication. The memorandum also funded R&D to be publicly accessible immediately upon publication. The memorandum also
requires that scientific data underlying such publications be made publicly accessible at the time requires that scientific data underlying such publications be made publicly accessible at the time
of publication. Federal agencies are required to develop and implement their new or updated of publication. Federal agencies are required to develop and implement their new or updated
public access plans by December 31, 2025. public access plans by December 31, 2025.
Some Members of Congress and others have questioned how the policy will be implemented and Some Members of Congress and others have questioned how the policy will be implemented and
its potential impacts. For example, concerns have been raised that publishing costs will shift from its potential impacts. For example, concerns have been raised that publishing costs will shift from
journal subscribers to researchers and the agencies that fund them. Shifting publishing costs to journal subscribers to researchers and the agencies that fund them. Shifting publishing costs to
researchers may create equity concerns in which an early career scientist or researcher from a researchers may create equity concerns in which an early career scientist or researcher from a
less-well-resourced institution may not be able to afford the cost of publishing or be forced to less-well-resourced institution may not be able to afford the cost of publishing or be forced to
choose between publishing and a professional development opportunity. The 118th Congress may choose between publishing and a professional development opportunity. The 118th Congress may
wish to examine implementation of the new public access policy and its potential impacts on cost, wish to examine implementation of the new public access policy and its potential impacts on cost,
researchers, and the publishing industry. researchers, and the publishing industry.
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For Further Information
Marcy E. Gallo, Analyst in Science and Technology Policy Marcy E. Gallo, Analyst in Science and Technology Policy
CRS Insight IN12049, CRS Insight IN12049, Public Access to Scientific Publications Resulting from Federally Funded
R&D
Commercializing the Results of Federal ~~R&D~~ Research and Development Investments
Inventions resulting from research conducted at federally owned laboratories or with federal Inventions resulting from research conducted at federally owned laboratories or with federal
funding (e.g., research grants) often have application beyond the scope and goals of the original funding (e.g., research grants) often have application beyond the scope and goals of the original
research. Without further investment and sufficient private sector incentives, however, the research. Without further investment and sufficient private sector incentives, however, the
potential commercial value of federally funded inventions may not be fully realized. potential commercial value of federally funded inventions may not be fully realized.
Current mechanisms to encourage the commercialization of federal R&D results are governed by Current mechanisms to encourage the commercialization of federal R&D results are governed by
two main pieces of legislation from the 1980s, as amended: the Stevenson-Wydler Technology two main pieces of legislation from the 1980s, as amended: the Stevenson-Wydler Technology
Innovation Act of 1980 (35 U.S.C. §§3710 et seq.) and the Bayh-Dole Act of 1980 (35 U.S.C. Innovation Act of 1980 (35 U.S.C. §§3710 et seq.) and the Bayh-Dole Act of 1980 (35 U.S.C.
§§200 et seq.). §§200 et seq.).
Significant changes in the global S&T landscape, economic conditions, and national security Significant changes in the global S&T landscape, economic conditions, and national security
posture have led some policymakers and analysts to ask whether aspects of these laws may need posture have led some policymakers and analysts to ask whether aspects of these laws may need
reevaluation. For example, critics point to loopholes in the Bayh-Dole Act’s “Preference for U.S. reevaluation. For example, critics point to loopholes in the Bayh-Dole Act’s “Preference for U.S.
Industry” provision (35 U.S.C. §204) that have allowed federally owned intellectual property and Industry” provision (35 U.S.C. §204) that have allowed federally owned intellectual property and
covered inventions to be manufactured abroad. These critics argue that the ability of competitor covered inventions to be manufactured abroad. These critics argue that the ability of competitor
nations to access U.S.-developed technology—especially emerging technologies—poses an nations to access U.S.-developed technology—especially emerging technologies—poses an
economic and national security threat. economic and national security threat.
Proponents of maintaining the current laws argue that exceptions that permit foreign Proponents of maintaining the current laws argue that exceptions that permit foreign
manufacturing when U.S. industry is unable to meet production demands are beneficial. They manufacturing when U.S. industry is unable to meet production demands are beneficial. They
also maintain that additional restrictions placed on the licensing and manufacturing of federally also maintain that additional restrictions placed on the licensing and manufacturing of federally
funded inventions could reduce incentives for the private sector to commercialize federal R&D. funded inventions could reduce incentives for the private sector to commercialize federal R&D.
When considering how best to encourage the commercialization of federally funded research, the When considering how best to encourage the commercialization of federally funded research, the
118th Congress may wish to consider increased oversight to ensure agency enforcement of 118th Congress may wish to consider increased oversight to ensure agency enforcement of
existing U.S. manufacturing requirements and whether to enact statutory changes to existing existing U.S. manufacturing requirements and whether to enact statutory changes to existing
requirements. Congress might also consider whether digital products that result from work at requirements. Congress might also consider whether digital products that result from work at
federal laboratories should be eligible for copyright and whether current requirements for federal laboratories should be eligible for copyright and whether current requirements for
invention disclosure and utilization reporting are adequate for assessing the success of invention disclosure and utilization reporting are adequate for assessing the success of
commercialization efforts. commercialization efforts.
For Further Information
Emily G. Blevins, Analyst in Science and Technology Policy Emily G. Blevins, Analyst in Science and Technology Policy
Marcy E. Gallo, Analyst in Science and Technology Policy Marcy E. Gallo, Analyst in Science and Technology Policy
CRS Insight IN12019, CRS Insight IN12019, U.S. Technology Made in China: The Role of Federal Technology
Licensing Policies
Patents and Innovation Policy
The U.S. patent system is designed to encourage scientific and technological innovation by The U.S. patent system is designed to encourage scientific and technological innovation by
offering a limited-time monopoly on an invention in exchange for its public disclosure. The 118th offering a limited-time monopoly on an invention in exchange for its public disclosure. The 118th
Congress, when considering approaches to encouraging innovation and economic growth, may Congress, when considering approaches to encouraging innovation and economic growth, may
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choose to address certain aspects of patent policy, including patent subject matter eligibility choose to address certain aspects of patent policy, including patent subject matter eligibility
standards, the Patent Trial and Appeal Board (PTAB), and inventor diversity. standards, the Patent Trial and Appeal Board (PTAB), and inventor diversity.
Patent subject matter eligibility standards determine the types of inventions that may be patented Patent subject matter eligibility standards determine the types of inventions that may be patented
and may significantly influence innovation incentives. In the wake of a series of Supreme Court and may significantly influence innovation incentives. In the wake of a series of Supreme Court
decisions that restricted patent eligibility, stakeholders in the biotechnology and computer decisions that restricted patent eligibility, stakeholders in the biotechnology and computer
software industries (among others) have argued that uncertainty over patent eligibility in their software industries (among others) have argued that uncertainty over patent eligibility in their
fields has reduced investment and inhibited innovation. In response, the U.S. Patent and fields has reduced investment and inhibited innovation. In response, the U.S. Patent and
Trademark Office (USPTO) issued new guidance to patent examiners clarifying how to apply Trademark Office (USPTO) issued new guidance to patent examiners clarifying how to apply
subject matter eligibility standards, and bills were introduced in the 117th Congress to change subject matter eligibility standards, and bills were introduced in the 117th Congress to change
statutory eligibility standards and abrogate Supreme Court decisions (e.g., S. 4734 and H.R. statutory eligibility standards and abrogate Supreme Court decisions (e.g., S. 4734 and H.R.
5874). 5874).
In 2011, Congress created the PTAB, an administrative body within the PTO, as a way to improve In 2011, Congress created the PTAB, an administrative body within the PTO, as a way to improve
patent quality. PTAB proceedings often provide a faster and less expensive forum in which to patent quality. PTAB proceedings often provide a faster and less expensive forum in which to
challenge the validity of issued patents than federal court litigation. Some stakeholders argue that challenge the validity of issued patents than federal court litigation. Some stakeholders argue that
the PTAB offers a fair and efficient means to adjudicate patent validity issues, but others contend the PTAB offers a fair and efficient means to adjudicate patent validity issues, but others contend
that the process is biased against patent holders. Several hearings were held in the 117th Congress that the process is biased against patent holders. Several hearings were held in the 117th Congress
on PTAB, and a number of bills were introduced that sought to reform or eliminate PTAB on PTAB, and a number of bills were introduced that sought to reform or eliminate PTAB
processes (e.g., S. 2891, S. 4417, and H.R. 5874). processes (e.g., S. 2891, S. 4417, and H.R. 5874).
The USPTO does not currently track patent inventors’ demographic information. If collected The USPTO does not currently track patent inventors’ demographic information. If collected
through patent applications, such data could potentially assist policymakers in assessing the through patent applications, such data could potentially assist policymakers in assessing the
existence or scope of potential systematic inequities embedded in the patent system that might existence or scope of potential systematic inequities embedded in the patent system that might
inhibit innovation. Some critics of collecting this information raise concerns about privacy inhibit innovation. Some critics of collecting this information raise concerns about privacy
violations. Bills introduced during the 117th Congress sought to require the PTO to request violations. Bills introduced during the 117th Congress sought to require the PTO to request
voluntary inventor demographic information on patent applications (e.g., S. 632 and H.R. 1723). voluntary inventor demographic information on patent applications (e.g., S. 632 and H.R. 1723).
For Further Information
Emily G. Blevins, Analyst in Science and Technology Policy Emily G. Blevins, Analyst in Science and Technology Policy
Kevin J. Hickey, Legislative Attorney Kevin J. Hickey, Legislative Attorney
CRS CRS In Focus IF12582, March-In Rights Under the Bayh-Dole Act: Draft Guidance CRS Video WVB00518, Video WVB00518, Patents and Innovation Policy
CRS Report R47267, CRS Report R47267, Patents and Innovation Policy
CRS CRS In Focus IF12563, Patent-Eligible Subject Matter Reform: An Overview CRS Report R45918, Report R45918, Patent-Eligible Subject Matter Reform: Background and Issues for
Congress
CRS Legal Sidebar LSB10615, CRS Legal Sidebar LSB10615, Supreme Court Preserves Patent Trial and Appeal Board, but
with Greater Executive Oversight
CRS Report R46525, CRS Report R46525, Patent Law: A Handbook for Congress
CRS In Focus IF12259, CRS In Focus IF12259, Equity in Innovation: Trends in U.S. Patenting and Inventor Diversity
Intellectual Property Law
Intellectual property (IP) rights, including patents and copyrights, play a critical role in Intellectual property (IP) rights, including patents and copyrights, play a critical role in
encouraging innovation, creativity, and the dissemination of knowledge. Based on activity in the encouraging innovation, creativity, and the dissemination of knowledge. Based on activity in the
117th Congress, it appears that several areas of IP law may be of interest to the 118th Congress. 117th Congress, it appears that several areas of IP law may be of interest to the 118th Congress.
Congressional Research Service 8 link to page 13 Science and Technology Issues for the 118th Congress In addition to the innovation policy issues discussed above (see In addition to the innovation policy issues discussed above (see “Patents and Innovation Policy”), ,
patents play a particularly important role in the pharmaceutical industry. While some stakeholders patents play a particularly important role in the pharmaceutical industry. While some stakeholders
argue that robust patent rights are necessary to support costly R&D for new drugs, others argue argue that robust patent rights are necessary to support costly R&D for new drugs, others argue
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~~Science and Technology Issues for the 118th Congress~~

that patents can unduly delay or deter generic competition and contribute to higher drug prices. that patents can unduly delay or deter generic competition and contribute to higher drug prices.
Several bills in the 117th Congress sought to reduce drug prices by limiting certain alleged Several bills in the 117th Congress sought to reduce drug prices by limiting certain alleged
pharmaceutical patenting practices (e.g., patent “evergreening,” “product hopping,” “thickets,” pharmaceutical patenting practices (e.g., patent “evergreening,” “product hopping,” “thickets,”
and “pay-for-delay” settlements). Other bills sought to facilitate coordination between PTO and and “pay-for-delay” settlements). Other bills sought to facilitate coordination between PTO and
the Food and Drug Administration (FDA) on pharmaceutical patents (S. 4430) or respond to the the Food and Drug Administration (FDA) on pharmaceutical patents (S. 4430) or respond to the
Biden Administration’s support for a waiver of IP protections for COVID-19 vaccines under Biden Administration’s support for a waiver of IP protections for COVID-19 vaccines under
international IP treaties (e.g., H.R. 7430). international IP treaties (e.g., H.R. 7430).
Copyrights grant authors of original creative works (e.g., books, music, computer code) the Copyrights grant authors of original creative works (e.g., books, music, computer code) the
exclusive right to reproduce, perform, and sell their works. Two significant copyright reforms exclusive right to reproduce, perform, and sell their works. Two significant copyright reforms
were implemented during the 117th Congress. The Music Modernization Act, which changed the were implemented during the 117th Congress. The Music Modernization Act, which changed the
copyright licensing process for online distribution of musical works, came into full effect in copyright licensing process for online distribution of musical works, came into full effect in
January 2021. The Copyright Alternative in Small-Claims Enforcement Act of 2020 established January 2021. The Copyright Alternative in Small-Claims Enforcement Act of 2020 established
the Copyright Claims Board as a small-value copyright claims administrative tribunal, which the Copyright Claims Board as a small-value copyright claims administrative tribunal, which
began hearing claims in 2022. Other copyright issues include proposed reforms to the Digital began hearing claims in 2022. Other copyright issues include proposed reforms to the Digital
Millennium Copyright Act of 1998 (e.g., S. 3880, H.R. 6566) and continued debate over whether Millennium Copyright Act of 1998 (e.g., S. 3880, H.R. 6566) and continued debate over whether
broadcast radio should pay royalties to play sound recordings (e.g., S. 4932, S.Con.Res. 9). broadcast radio should pay royalties to play sound recordings (e.g., S. 4932, S.Con.Res. 9).
As to trademarks—another area of federal IP—the 117th Congress saw increased efforts to As to trademarks—another area of federal IP—the 117th Congress saw increased efforts to
combat fraudulent trademarks through PTO regulations implementing the Trademark combat fraudulent trademarks through PTO regulations implementing the Trademark
Modernization Act of 2020. Introduced bills also addressed whether increased remedies are Modernization Act of 2020. Introduced bills also addressed whether increased remedies are
needed to combat infringing goods sold by online e-commerce platforms (e.g., S. 1843). needed to combat infringing goods sold by online e-commerce platforms (e.g., S. 1843).
For Further Information
Kevin Hickey, Legislative Attorney Kevin Hickey, Legislative Attorney
CRS In CRS In Focus IF12582, March-In Rights Under the Bayh-Dole Act: Draft Guidance CRS In Focus IF10986, Focus IF10986, Intellectual Property Law: A Brief Introduction
CRS Infographic IG10033, CRS Infographic IG10033, Intellectual Property: Forms of Federal IP Protection
CRS Report R46679, CRS Report R46679, ~~Drug Prices:~~ The Role of Patents and Regulatory Exclusivities
in Drug Pricing CRS Legal Sidebar LSB10422, CRS Legal Sidebar LSB10422, COVID-19 Medical Countermeasures: Intellectual Property and
Affordability
CRS In Focus IF11478, CRS In Focus IF11478, Digital Millennium Copyright Act (DMCA) Safe Harbor Provisions for
Online Service Providers: A Legal Overview
Tax Incentives for R&D Investment
~~The 118th Congress may wish to consider new federal tax policies to promote~~ Economic analysis shows that investment in research and development (R&D) is a key source of technological technological
~~innovation, considered a key contributor to long-term economic growth.~~
~~In general, R&D lays the foundation for technological innovation. Businesses finance much of~~
~~the R&D performed in the United States. But owing to the inability of companies to capture all~~
~~the economic returns to their R&D investments, they tend to invest less in R&D than those~~
~~returns would warrant, particularly in basic research.~~
~~Economists regard such underinvestment as a market failure that should be remedied through a~~
~~mix of public policies. One option is to provide tax incentives for increased~~ innovation, which in turn is a principal driver of economic and productivity growth. Businesses are a major source of domestic R&D. According to a National Science Foundation estimate, firms financed 71% of the R&D performed in the United States in 2019. But most economists suggest that firms as a whole are likely to invest too little in R&D relative to its social welfare benefits. In general, R&D produces both returns that investing firms can capture (e.g., higher profits from using or selling new technologies) and returns that are difficult for investing firms to capture (e.g., consumer welfare gains and competitor profits from imitating new Congressional Research Service 9 Science and Technology Issues for the 118th Congress technologies). Some estimate that the social returns from R&D are two to four times greater than the private returns to investors. Generally, economists regard such private R&D underinvestment as a market failure that restrains productivity and economic growth over time. Many economists suggest that this failure should be remedied through government intervention in the market for new knowledge production. An option used by most national governments is tax incentives for business R&D business R&D
investment. The federal government investment. The federal government ~~offers~~has offered one such incentive one such incentive since 1981: a research tax credit under Section : a research tax credit under Section
41 of the Internal Revenue Code (IRC). 41 of the Internal Revenue Code (IRC). ~~There are two choices for the credit: one~~Section 41 allows firms to claim a credit equal to (1) 20% equal to (1) 20%
of qualified research expenses (QREs) above a base amount linked to of qualified research expenses (QREs) above a base amount linked to a firm’s past ratios of research past ratios of research
spending to business receipts, or (2) 14% of QREs above a base amount linked to spending to business receipts, or (2) 14% of QREs above a base amount linked to a firm’s recent R&D recent R&D
~~investments.~~
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~~The 118th Congress may wish to consider several issues concerning U.S. R&D tax incentives.~~
~~One issue is whether to reinstate an expensing allowance for QREs (to immediately deduct them~~
~~from income) under IRC Section 174. (The option to expense expired at the end of 2021.) In~~
~~general, expensing lowers the marginal effective tax rate (METR) for the returns to 0%. Under~~
~~current law, domestic QREs have to be~~ investments. The structure of the IRC Section 41 tax credit has been of interest to policymakers for some time. One issue is the two credit options’ effective rates are considerably less than their statutory rates, owing to the rules governing the use of each option. Some policymakers argue that the effective rates should be higher if the credit’s incentive effect is to match the social returns to private R&D investments. Another issue is that the current research credit provides little benefit to start-up and young firms seeking to develop new and improved technologies. Some argue that the credit should be made fully refundable for such firms beginning with their early years of operation, when young small firms investing in R&D often incur operating losses that keep them from immediately benefiting from any credit they could claim. The federal government offered another tax incentive for private R&D investment for nearly 70 years, but it was repealed starting in 2022. From 1954 to 2021, IRC Section 174(a) allowed businesses investing in qualified research to expense (or deduct as a current rather than capital expense) the full amount of their qualified research expenses (QREs) in the year they were paid or incurred. Expensing provides a significant tax benefit because it lowers the user cost of capital for eligible investments, boosts the short-term cash flow of firms making such investments, and simplifies their tax accounting. As a result of the Tax Cuts and Jobs Act (P.L. 115-97), QREs related to domestic research have had to be charged to a firm’s capital account and amortized over amortized over five years since 2022. This change has increased the marginal effective tax rate for the returns on domestic R&D investments; according to one estimate, this rate has risen from 0% in 2021 to 8.4% in 2022-2025. The loss of QRE expensing has been a financial burden for many small firms that derive most of their income from contract research. For Further Information Gary Guenther, Analyst in Public Finance CRS Report RL31181, Federal Research Tax Credit: Current Law and Policy Issues CRS Insight IN11887, Tax Treatment of Research Expenses: Current Law and Policy Issues The U.S.-China Science and Technology Cooperation Agreement For more than 45 years, the United States has engaged with the People’s Republic of China in joint research and development (R&D) activities under the U.S.-China Science and Technology Cooperation Agreement (STA), the first major agreement between the United States and the People’s Republic of China that was signed in 1979. The STA was a part of U.S. strategy at the time to build ties with China to counter the influence of the Soviet Union. During the 1980s and 1990s, U.S. strategy shifted and science and technology (S&T) ties became part of a broader U.S. effort to integrate China into the global system and influence its development trajectory and Congressional Research Service 10 Science and Technology Issues for the 118th Congress behavior. More recent efforts have focused on areas such as health, energy, and environmental technologies. Since its inception, U.S. views and strategy toward China have been shifting to protect and advance U.S. interests vis-à-vis China as a strategic competitor. STA proponents and critics both say that the current STA does not reflect these shifts or U.S. concerns about China's S&T practices and industrial policies. Some say the STA does not address China's growing research and technological capabilities and increasingly restrictive and risky operating environment for cross-border research. The United States has used the U.S.-China STA as a tool to deepen diplomatic ties, address global challenges, and advance science. Advocates say it guides U.S. S&T work with China without mandating activity; provides access and protections for U.S. scientists in China, including in the social sciences (where access has been more restricted); and benefits U.S. researchers by providing access to large pools of research subjects and longitudinal health studies. China's cooperation has not been consistent, however, as Beijing developed domestic S&T competencies and has sought to restrict U.S. researcher access in certain areas. STA critics say that China is an unreliable or untrustworthy research partner, citing data restrictions and a lack of forthrightness in sharing scientific results. The STA was to be renewed every five years, subject to modification or extension by the parties. The STA was last extended on June 27, 2018, and was amended to address U.S. concerns about China's approach to technology, innovation, and practices of concern (e.g., lax IP enforcement, IP theft, and forced technology transfer). Just before the STA was to lapse on August 27, 2023, the Biden Administration said it would extend renewal for six months to determine how to proceed. The extension for the agreement was set to expire on February 27, 2024. The Biden Administration may have agreed to an unannounced extension with the PRC government as both sides negotiate terms for the STA renewal. Congress might consider its oversight role with regard to the STA and any U.S. STA-related activities and negotiations with China. U.S. options regarding the U.S.-China STA (not mutually exclusive) include (a) renew the U.S.-China STA as is; (b) renew the STA and modify STA sub-agreements; (c) modify and renew the STA; (d) significantly rework and renegotiate the STA; (e) let the STA expire; (f) shift focus to deepen other STAs (e.g., with Europe, Japan, and others); and (g) work with allies and partners to develop a common approach to S&T work, in general and with regard to China, specifically. Experts debate the extent to which canceling the STA would affect U.S.-China S&T ties, including sub-agreements and federally funded research. Renegotiating the STA might or might not address specific concerns that Congress could address through legislation. It could allow Washington, but also Beijing, to set new terms. Congress might consider its preferred role in overseeing the U.S.-China STA and its negotiation. The STA is not a treaty requiring Senate ratification~~five years, which may boost the METR for~~
~~domestic R&D investments to 8.4% in 2022-2025, according to one analysis.~~
~~Another issue is whether to increase the IRC Section 41 tax credit’s incentive effect. The effective~~
~~rates of the two credit options are substantially less than their statutory rates under current law.~~
~~Some argue that their effective rates should be larger than the statutory rates to deliver the needed~~
~~stimulus to raise domestic business R&D investment to levels consistent with its economic~~
~~returns. In addition, there is evidence that the current credit does little to benefit entrepreneurial~~
~~start-up firms. Some argue that the credit should be fully refundable for small entrepreneurial~~
~~firms in their early years, when they typically sustain operating losses that keep them from~~
~~immediately benefiting from the credit~~. .
For Further Information John F. Sargent, Specialist in Science and Technology Policy Karen M. Sutter, Specialist in Asian Trade and Finance CRS In Focus IF12510, U.S.-China Science and Technology Cooperation Agreement CRS In Focus IF10964, “Made in China 2025” Industrial Policies: Issues for Congress CRS In Focus IF11684, China’s 14th Five-Year Plan: A First Look CRS Report R46915, China’s Recent Trade Measures and Countermeasures: Issues for Congress Congressional Research Service 11 Science and Technology Issues for the 118th Congress
~~Gary Guenther, Analyst in Public Finance~~
CRS Report RL31181, Federal Research Tax Credit: Current Law and Policy Issues
CRS Insight IN11887, Tax Treatment of Research Expenses: Current Law and Policy Issues
China’s Science, Technology, and Industrial Policies
China’s state-led industrial and related S&T policies aim to create competitive advantages for China’s state-led industrial and related S&T policies aim to create competitive advantages for
China in strategic and emerging industries, in part by accessing basic and applied research, China in strategic and emerging industries, in part by accessing basic and applied research,
technology, talent, and training from the United States and U.S. allies. The Chinese government technology, talent, and training from the United States and U.S. allies. The Chinese government
says it is pursuing a policy of technology independence, but its approach involves sustaining and says it is pursuing a policy of technology independence, but its approach involves sustaining and
expanding its access to U.S. and foreign technology, capabilities, research, and talent. expanding its access to U.S. and foreign technology, capabilities, research, and talent.
China’s China’s Medium- and Long-Term Plan in Science in Technology (2006-2020) set technological set technological
innovation as the core driver of China’s development, a focus that was reinforced at the innovation as the core driver of China’s development, a focus that was reinforced at the
Communist Party of China’s 20th Party Congress. China’s process of indigenous innovation Communist Party of China’s 20th Party Congress. China’s process of indigenous innovation
involves the acquisition, assessment, distribution, absorption, and adaptation of foreign involves the acquisition, assessment, distribution, absorption, and adaptation of foreign
technology that China rebrands as indigenous Chinese capabilities. technology that China rebrands as indigenous Chinese capabilities.
China’s China’s Made in China 2025 industrial policies aim to establish China’s leadership in emerging industrial policies aim to establish China’s leadership in emerging
technologies that are critical to future commercial, government, and military capabilities. Priority technologies that are critical to future commercial, government, and military capabilities. Priority
areas include advanced manufacturing, aerospace, artificial intelligence, information technology, areas include advanced manufacturing, aerospace, artificial intelligence, information technology,
new materials, robotics, and semiconductors. China’s military-civil fusion program seeks to new materials, robotics, and semiconductors. China’s military-civil fusion program seeks to
leverage these leverage these Made in China 2025 technological advancements for military development. technological advancements for military development.
China’s China’s 14th Five-Year Plan (FYP) for 2021-2025 and Economic Goals out to 2035 prioritizes prioritizes
leveraging global basic research to support China’s development of indigenous capabilities in leveraging global basic research to support China’s development of indigenous capabilities in
strategic technologies. China is focusing on currently unrestricted pathways, such as U.S. basic strategic technologies. China is focusing on currently unrestricted pathways, such as U.S. basic
and applied research and openand applied research and open -source technology platforms. China has incentivized some of its source technology platforms. China has incentivized some of its
citizens to participate in U.S. research to acquire capabilities in targeted areas that support citizens to participate in U.S. research to acquire capabilities in targeted areas that support
China’s goals. China is also encouraging domestic firms to establish R&D centers overseas to China’s goals. China is also encouraging domestic firms to establish R&D centers overseas to
access foreign technical knowledge and capabilities and is offering incentives for leading foreign access foreign technical knowledge and capabilities and is offering incentives for leading foreign
S&T experts to work in China. S&T experts to work in China.
China’s industrial and S&T policies have been a U.S. policy focus because of the asymmetrical China’s industrial and S&T policies have been a U.S. policy focus because of the asymmetrical
tactics that China has used to implement them. U.S. law enforcement and counterintelligence tactics that China has used to implement them. U.S. law enforcement and counterintelligence
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agencies have highlighted China’s use of forced or incentivized technology transfer, industrial agencies have highlighted China’s use of forced or incentivized technology transfer, industrial
subsidies, licensing and joint venture requirements, state-directed cyber intrusions and IP theft, subsidies, licensing and joint venture requirements, state-directed cyber intrusions and IP theft,
and government-funded acquisitions of foreign firms in strategic sectors. These issues are likely and government-funded acquisitions of foreign firms in strategic sectors. These issues are likely
to remain a key area of focus in the 118th Congress as China seeks to sustain and expand its to remain a key area of focus in the 118th Congress as China seeks to sustain and expand its
access to U.S. innovation and S&T capabilities. access to U.S. innovation and S&T capabilities.
For Further Information
Karen M. Sutter, Specialist in Asian Trade and Finance Karen M. Sutter, Specialist in Asian Trade and Finance
Michael D. Sutherland, Analyst in International Trade and Finance Michael D. Sutherland, Analyst in International Trade and Finance
CRS In Focus IF12510, CRS In Focus IF12510, U.S.-China Science and Technology Cooperation Agreement
CRS In Focus IF11684, CRS In Focus IF11684, China’s 14th Five-Year Plan: A First Look
CRS Report R46767, CRS Report R46767, China’s New Semiconductor Policies: Issues for Congress
CRS In Focus IF11627, CRS In Focus IF11627, U.S. Export Controls and China
R&D Security
The federal government invests extensively in S&E R&D to achieve national objectives, The federal government invests extensively in S&E R&D to achieve national objectives,
including economic competitiveness and national security. Many in Congress are concerned about including economic competitiveness and national security. Many in Congress are concerned about
Congressional Research Service 12 Science and Technology Issues for the 118th Congress security vulnerabilities in the U.S. R&D enterprise and are interested in protecting it against security vulnerabilities in the U.S. R&D enterprise and are interested in protecting it against
compromise by foreign competitors and potential military adversaries. compromise by foreign competitors and potential military adversaries.
In general, U.S. policy for federally funded basic and applied research is to encourage openness In general, U.S. policy for federally funded basic and applied research is to encourage openness
and broad dissemination of results (see National Security Decision Directive NSDD-189, 1985). and broad dissemination of results (see National Security Decision Directive NSDD-189, 1985).
When openness would present a national security concern, however, the federal government can When openness would present a national security concern, however, the federal government can
use restrictions such as classification and export controls to prevent certain nations (e.g., Russia, use restrictions such as classification and export controls to prevent certain nations (e.g., Russia,
China, Iran, and North Korea) and their proxies from accessing certain results and technologies. China, Iran, and North Korea) and their proxies from accessing certain results and technologies.
Some emerging fields may not yet be subject to these controls, so Congress enacted a provision in Some emerging fields may not yet be subject to these controls, so Congress enacted a provision in
the Export Control Reform Act of 2018 (50 U.S.C. §4817) requiring the Bureau of Industry and the Export Control Reform Act of 2018 (50 U.S.C. §4817) requiring the Bureau of Industry and
Security of the Department of Commerce to “establish appropriate controls, including interim Security of the Department of Commerce to “establish appropriate controls, including interim
controls, on the export, reexport, or transfer (in country) of emerging and foundational controls, on the export, reexport, or transfer (in country) of emerging and foundational
technologies.” Some Members may be interested in strengthening these protections. technologies.” Some Members may be interested in strengthening these protections.
Recently, Congress has also focused on the security of U.S. R&D that is significant for economic Recently, Congress has also focused on the security of U.S. R&D that is significant for economic
competitiveness in light of organized efforts, both licit and illicit, by China and other nations to competitiveness in light of organized efforts, both licit and illicit, by China and other nations to
access economically important U.S. R&D outputs to aid their defense and commercial sectors. access economically important U.S. R&D outputs to aid their defense and commercial sectors.
Classification and export controls were not designed to address commercial aspects of the R&D Classification and export controls were not designed to address commercial aspects of the R&D
security threat. security threat.
Some Members have been concerned with co-option of U.S. citizen researchers through foreign Some Members have been concerned with co-option of U.S. citizen researchers through foreign
talent recruitment programs (e.g., China’s Thousand Talents program) and the use of foreign talent recruitment programs (e.g., China’s Thousand Talents program) and the use of foreign
nationals at U.S. universities and other institutions—such as students, faculty, visiting scholars, nationals at U.S. universities and other institutions—such as students, faculty, visiting scholars,
and postdoctoral researchers—to acquire and report on research activities, progress, and results. and postdoctoral researchers—to acquire and report on research activities, progress, and results.
Congress has considered increasing threat awareness among U.S. academic researchers, Congress has considered increasing threat awareness among U.S. academic researchers,
strengthening disclosure requirements for U.S. researchers with foreign ties, and changing strengthening disclosure requirements for U.S. researchers with foreign ties, and changing
policies for foreign students at U.S. universities. policies for foreign students at U.S. universities.
The 118th Congress may continue to monitor threats to the security of U.S. R&D, conduct The 118th Congress may continue to monitor threats to the security of U.S. R&D, conduct
oversight to examine the progress of ongoing efforts to address those threats, and consider oversight to examine the progress of ongoing efforts to address those threats, and consider
additional measures that may enhance the ability of the United States to protect the results of additional measures that may enhance the ability of the United States to protect the results of
federally funded R&D. federally funded R&D.
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~~For Further Information~~
~~Marcy E. Gallo~~For Further Information Marcy E. Gallo, Analyst in Science and Technology Policy Emily G. Blevins, Analyst in Science and Technology Policy , Analyst in Science and Technology Policy
Daniel Morgan, Specialist in Science and Technology Policy Daniel Morgan, Specialist in Science and Technology Policy
John F. Sargent Jr., Specialist in Science and Technology Policy John F. Sargent Jr., Specialist in Science and Technology Policy
Karen Sutter, Specialist in Asian Trade and Finance Karen Sutter, Specialist in Asian Trade and Finance
Jill H. Wilson, Analyst in Immigration Policy Jill H. Wilson, Analyst in Immigration Policy
CRS CRS Infographic IG10039, Foreign Students: Screening and Monitoring CRS Insight IN11524, Insight IN11524, China Issues New Export Control Law and Related Policies
CRS In Focus IF11684, CRS In Focus IF11684, China’s 14th Five-Year Plan: A First Look
Semiconductors and the CHIPS Act
Semiconductors (also known as integrated circuits, microelectronic chips, or computer chips) are Semiconductors (also known as integrated circuits, microelectronic chips, or computer chips) are
tiny electronic devices (based primarily on silicon or germanium) composed of billions of tiny electronic devices (based primarily on silicon or germanium) composed of billions of
Congressional Research Service 13 Science and Technology Issues for the 118th Congress components that can process, store, sense, and move data or signals. Semiconductors are a components that can process, store, sense, and move data or signals. Semiconductors are a
uniquely important enabling technology, fundamental to nearly all modern industrial and national uniquely important enabling technology, fundamental to nearly all modern industrial and national
security activities, as well as essential building blocks of other emerging technologies, such as security activities, as well as essential building blocks of other emerging technologies, such as
artificial intelligence, autonomous systems, and quantum computing. The federal government and artificial intelligence, autonomous systems, and quantum computing. The federal government and
U.S. companies pioneered semiconductor development throughout the 1960s and 1970s, and the U.S. companies pioneered semiconductor development throughout the 1960s and 1970s, and the
United States led the world in semiconductor manufacturing. A variety of factors subsequently led United States led the world in semiconductor manufacturing. A variety of factors subsequently led
to a concentration of semiconductor manufacturing in East Asia. These factors included other to a concentration of semiconductor manufacturing in East Asia. These factors included other
nations subsidizing the construction and operation of semiconductor fabrication facilities (fabs); nations subsidizing the construction and operation of semiconductor fabrication facilities (fabs);
lower operating costs abroad; outsourcing of manufacturing by fabless semiconductor design lower operating costs abroad; outsourcing of manufacturing by fabless semiconductor design
firms that previously manufactured their own chips; and a preference for being physically firms that previously manufactured their own chips; and a preference for being physically
proximate to electronics business clusters in the region. proximate to electronics business clusters in the region.

Policymakers became increasingly concerned about the potential implications of this trend for Policymakers became increasingly concerned about the potential implications of this trend for
economic and national security reasons, and noted the risks associated with ensuring an adequate economic and national security reasons, and noted the risks associated with ensuring an adequate
supply of semiconductors resulting from potential disruption of East Asian manufacturing and supply of semiconductors resulting from potential disruption of East Asian manufacturing and
shipping due to trade disputes, natural hazards, or armed conflict. The COVID-19 pandemic and shipping due to trade disputes, natural hazards, or armed conflict. The COVID-19 pandemic and
consequent interruption of semiconductor supplies to the United States—and the subsequent consequent interruption of semiconductor supplies to the United States—and the subsequent
effects on U.S.-based industries—bolstered these concerns. U.S. overreliance on semiconductor effects on U.S.-based industries—bolstered these concerns. U.S. overreliance on semiconductor
production in East Asia and its vulnerability to disruption has been an ongoing source of concern production in East Asia and its vulnerability to disruption has been an ongoing source of concern
for many Members of Congress. for many Members of Congress.

To address these concerns, Congress enacted the To address these concerns, Congress enacted the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal National Defense Authorization Act for Fiscal
Year 2021 (2021 NDAA, P.L. 116-283), which authorized an incentive program for building and Year 2021 (2021 NDAA, P.L. 116-283), which authorized an incentive program for building and
equipping semiconductor fabs in the United States, as well as research and development (R&D) equipping semiconductor fabs in the United States, as well as research and development (R&D)
activities to support U.S. leadership in semiconductor technology. In July 2022, Congress enacted activities to support U.S. leadership in semiconductor technology. In July 2022, Congress enacted
the CHIPS and Science Act (P.L. 117-167), which President Biden signed into law in August the CHIPS and Science Act (P.L. 117-167), which President Biden signed into law in August
2022. The CHIPS Act of 2022 (Division A of P.L. 117-167) establishes and appropriates $39.0 2022. The CHIPS Act of 2022 (Division A of P.L. 117-167) establishes and appropriates $39.0
billion to a CHIPS for America Fund to bolster semiconductor manufacturing capacity in the billion to a CHIPS for America Fund to bolster semiconductor manufacturing capacity in the
United States by providing financial incentives for building, expanding, and equipping domestic United States by providing financial incentives for building, expanding, and equipping domestic
fabrication facilities and companies in the semiconductor supply chain. The fund also provides fabrication facilities and companies in the semiconductor supply chain. The fund also provides
$11.0 billion for semiconductor R&D activities at the National Institute of Standards and $11.0 billion for semiconductor R&D activities at the National Institute of Standards and
Technology and in partnership with U.S. industry through a National Semiconductor Technology Technology and in partnership with U.S. industry through a National Semiconductor Technology
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Center, a National Advanced Packaging Manufacturing Program, and the establishment of up to Center, a National Advanced Packaging Manufacturing Program, and the establishment of up to
three Manufacturing USA institutes. P.L. 117-167 also provided appropriations for three three Manufacturing USA institutes. P.L. 117-167 also provided appropriations for three
additional funds that seek to bolster U.S. semiconductor capabilities for national defense, additional funds that seek to bolster U.S. semiconductor capabilities for national defense,
workforce development, and international cooperation. Implementation of these provisions began workforce development, and international cooperation. Implementation of these provisions began
in 2023. in 2023.
For Further Information
John F. Sargent Jr., Specialist in Science and Technology Policy John F. Sargent Jr., Specialist in Science and Technology Policy
Karen Sutter, Specialist in Asian Trade and Finance Karen Sutter, Specialist in Asian Trade and Finance
CRS Report R47508, CRS Report R47508, Semiconductors and the Semiconductor Industry
CRS Report R47523, CRS Report R47523, Frequently Asked Questions: CHIPS Act of 2022 Provisions and
Implementation
CRS Report R47558, CRS Report R47558, Semiconductors and the CHIPS Act: The Global Context
CRS Video WVB00589, CRS Video WVB00589, Science and Technology Q&A: Semiconductors and the CHIPS Act of
2022
Congressional Research Service 14 Science and Technology Issues for the 118th Congress CRS Report WPD00059, CRS Report WPD00059, Science and Technology Podcast: Semiconductors and the CHIPS Act
of 2022
CRS In Focus IF12000, CRS In Focus IF12000, Semiconductor Shortage Constrains Vehicle Production
Agriculture
The federal government funds billions of dollars of agricultural research annually. The 118th The federal government funds billions of dollars of agricultural research annually. The 118th
Congress may wish to consider issues related to funding this research, as well as specific issues Congress may wish to consider issues related to funding this research, as well as specific issues
related to climate change science at the U.S. Department of Agriculture (USDA) and the related to climate change science at the U.S. Department of Agriculture (USDA) and the
regulation of agricultural biotechnology. regulation of agricultural biotechnology.
Agricultural Research Funding
The USDA Research, Education, and Economics (REE) mission area consists of four agencies: The USDA Research, Education, and Economics (REE) mission area consists of four agencies:
the Agricultural Research Service, the Economic Research Service, the National Agricultural the Agricultural Research Service, the Economic Research Service, the National Agricultural
Statistics Service, and the National Institute of Food and Agriculture. Additionally, REE’s Office Statistics Service, and the National Institute of Food and Agriculture. Additionally, REE’s Office
of the Chief Scientist coordinates research programs and activities across the department. of the Chief Scientist coordinates research programs and activities across the department.
REE has the primary federal responsibility for advancing scientific knowledge about agriculture. REE has the primary federal responsibility for advancing scientific knowledge about agriculture.
Its agencies conduct and fund research that spans the biological, physical, and social sciences Its agencies conduct and fund research that spans the biological, physical, and social sciences
broadly related to agriculture, food, and natural resources. Congress provided the REE mission broadly related to agriculture, food, and natural resources. Congress provided the REE mission
area programs and activities approximately $3.6 billion in FY2022 discretionary appropriations area programs and activities approximately $3.6 billion in FY2022 discretionary appropriations
through the Consolidated Appropriations Act, 2022 (P.L. 117-103), and authorized approximately through the Consolidated Appropriations Act, 2022 (P.L. 117-103), and authorized approximately
$122 million of mandatory funding per year through the Agriculture Improvement Act of 2018 $122 million of mandatory funding per year through the Agriculture Improvement Act of 2018
(2018 farm bill, P.L. 115-334). USDA directs nearly half of this federal funding to states and local (2018 farm bill, P.L. 115-334). USDA directs nearly half of this federal funding to states and local
partners, primarily through grants. partners, primarily through grants.
The most recent farm bill (P.L. 115-334), enacted in December 2018, reauthorizes many existing The most recent farm bill (P.L. 115-334), enacted in December 2018, reauthorizes many existing
USDA research and education programs, and authorizes new programs, through FY2023. USDA research and education programs, and authorizes new programs, through FY2023.
Congress has appropriated limited funding for some of the new programs. For example, the 2018 Congress has appropriated limited funding for some of the new programs. For example, the 2018
farm bill authorized the Agriculture Advanced Research and Development Authority (AGARDA) farm bill authorized the Agriculture Advanced Research and Development Authority (AGARDA)
pilot program. AGARDA is intended to operate under the Office of the Chief Scientist to address pilot program. AGARDA is intended to operate under the Office of the Chief Scientist to address
long-term and high-risk research challenges in the agriculture and food sectors. It is modeled on long-term and high-risk research challenges in the agriculture and food sectors. It is modeled on
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federal advanced research entities such as the Defense Advanced Research Projects Agency and federal advanced research entities such as the Defense Advanced Research Projects Agency and
the Advanced Research Projects Agency—Energy. Congress authorized appropriations of $50 the Advanced Research Projects Agency—Energy. Congress authorized appropriations of $50
million annually for AGARDA from FY2019 to FY2023. Congress appropriated $million annually for AGARDA from FY2019 to FY2023. Congress appropriated $~~1 million for~~
~~AGARDA for FY2022 for planning purposes and to hire staff. Congress allocated no funding to~~
~~carry out research.~~
2 million for AGARDA, with the program receiving $1M in both FY2022 and FY2023 for planning purposes and to hire staff. The 118th Congress may wish to consider reviewing AGARDA and other new programs The 118th Congress may wish to consider reviewing AGARDA and other new programs
established in the 2018 farm bill that have received limited or no appropriations. The 2018 farm established in the 2018 farm bill that have received limited or no appropriations. The 2018 farm
bill bill ~~is expected to expire in 2023, and with this in mind, Congress may begin to~~ expired in 2023. Congress extended it by one year through P.L. 118-22 and plans to consider a full multiyear reauthorization in 2024. Congress may consider new consider new
programs or revisions to existing programs for the next farm bill. programs or revisions to existing programs for the next farm bill.
For Further Information
~~Lisa Benson~~Eleni G. Bickell, Analyst in Agricultural Policy , Analyst in Agricultural Policy
CRS CRS Report R40819, Agricultural Research: Background and Issues CRS Report R45897, Report R45897, The U.S. Land-Grant University System: Overview and Role in Agricultural
Research
CRS In Focus IF12023, Farm Bill Primer: Agricultural Research and Extension
CRS Report R40819, Agricultural Research: Background and IssuesCongressional Research Service 15 Science and Technology Issues for the 118th Congress CRS In Focus IF12023, Farm Bill Primer: Agricultural Research and Extension
Climate Change Science at USDA
The 118th Congress may be interested in research related to climate change and agriculture and The 118th Congress may be interested in research related to climate change and agriculture and
how USDA is carrying out plans to address the needs of agricultural producers in the context of how USDA is carrying out plans to address the needs of agricultural producers in the context of
changing climatic conditions. Some farmers and agricultural groups have called on USDA to changing climatic conditions. Some farmers and agricultural groups have called on USDA to
increase its engagement in helping farmers adapt to changing climatic conditions, which may increase its engagement in helping farmers adapt to changing climatic conditions, which may
include increased instances of drought and extreme rainfall, historically unseasonable include increased instances of drought and extreme rainfall, historically unseasonable
temperatures, and changes in the dates of first and last frost. Agricultural research could, for temperatures, and changes in the dates of first and last frost. Agricultural research could, for
example, identify best management practices under different environmental conditions. example, identify best management practices under different environmental conditions.
USDA published USDA published ~~its~~a progress report for the Action Plan for Climate Adaptation and Resilience in in ~~2021~~2022. This plan . This plan
identifies the areas of S&T where USDA believes it needs to increase its support to meet national identifies the areas of S&T where USDA believes it needs to increase its support to meet national
objectives. Financial investments in climate-related agriculture practices by both Congress and objectives. Financial investments in climate-related agriculture practices by both Congress and
USDA since 2021 have generally offered producers incentives to adopt agricultural and forestry USDA since 2021 have generally offered producers incentives to adopt agricultural and forestry
practices that will further climate-related goals. The 118th Congress may wish to consider practices that will further climate-related goals. The 118th Congress may wish to consider
reviewing how investments in USDA research programs and policies align with its Action Plan. reviewing how investments in USDA research programs and policies align with its Action Plan.
For Further Information
Megan Stubbs, Specialist in Agricultural Conservation and Natural Resources Megan Stubbs, Specialist in Agricultural Conservation and Natural Resources
CRS In Focus IF11404, CRS In Focus IF11404, Greenhouse Gas Emissions and Sinks in U.S. Agriculture
Regulation of Agricultural Biotechnology
The 118th Congress may continue to oversee USDA’s implementation of regulations related to the The 118th Congress may continue to oversee USDA’s implementation of regulations related to the
labeling of bioengineered foods and the regulation of agricultural biotechnology. As plants and labeling of bioengineered foods and the regulation of agricultural biotechnology. As plants and
animals that are developed with new biotechnology tools become more common, Congress animals that are developed with new biotechnology tools become more common, Congress ~~could~~may
consider whether to revisit the 1986 Coordinated Framework for the Regulation of Biotechnology consider whether to revisit the 1986 Coordinated Framework for the Regulation of Biotechnology
that governs U.S. biotechnology regulation. that governs U.S. biotechnology regulation.
In 2016, Congress enacted P.L. 114-216, requiring the establishment of a national standard for the In 2016, Congress enacted P.L. 114-216, requiring the establishment of a national standard for the
mandatory labeling of foods containing mandatory labeling of foods containing bioengineered or or genetically engineered (GE)(GE)
ingredients. USDA finalized its National Bioengineered Food Disclosure Standard regulations in ingredients. USDA finalized its National Bioengineered Food Disclosure Standard regulations in
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2018, and mandatory compliance began in January 2022. However, in September 2022, a U.S. 2018, and mandatory compliance began in January 2022. However, in September 2022, a U.S.
district court remanded two provisions in USDA’s regulation that allow GE foods to be labeled district court remanded two provisions in USDA’s regulation that allow GE foods to be labeled
only with an electronic or digital disclosure (QR code) and allow text message disclosure on only with an electronic or digital disclosure (QR code) and allow text message disclosure on
packaging without requiring additional on-package labeling (7 C.F.R. §§66.106 and 66.108). packaging without requiring additional on-package labeling (7 C.F.R. §§66.106 and 66.108).
Following the court’s ruling, USDA is expected to revise these provisions in its labeling Following the court’s ruling, USDA is expected to revise these provisions in its labeling
regulations. The case, regulations. The case, Natural Grocers et al. v. Perdue et al. (3:20-cv-05151), was brought by the (3:20-cv-05151), was brought by the
Center for Food Safety on behalf a coalition of nonprofits and food retailers. Center for Food Safety on behalf a coalition of nonprofits and food retailers.
~~The emergence of new biotechnology tools (e.g., genome editing) are addressed in two other~~
~~regulations. In May 2020, USDA finalized its SECURE Rule, which regulates GE~~New biotechnology tools, such as gene editing technologies, updates to USDA plant biotechnology regulations, and a proposed change in the regulation of genetically engineered agricultural animals have sparked concerns among some stakeholders. In 2020, USDA finalized the SECURE Rule for the regulation of genetically engineered organisms organisms
under the Plant Protection Act (7 U.S.C. §under the Plant Protection Act (7 U.S.C. §§7701 et seq.)7701 et seq.) ~~and~~. This rule exempts certain categories of exempts certain categories of
~~modified~~engineered plants, including those consistent with many plants, including those consistent with many ~~existing genome~~gene-edited plants-edited plants., because they are “unlikely to pose an increased plant pest risk compared to conventionally bred plants.” While some While some
producer groups producer groups ~~view USDA’s regulation~~viewed the new rule as supportive of innovation, some consumer and as supportive of innovation, some consumer and
exporter groups exporter groups ~~claim it lacks sufficient~~criticized it Congressional Research Service 16 Science and Technology Issues for the 118th Congress as providing too little oversight and transparency. In oversight and transparency. In ~~December 2020, USDA~~
~~announced plans to transfer responsibility for regulating agricultural animals produced or~~
~~modified with genetic engineering to USDA from the FDA. Further action is pending.~~
~~For Further Information~~
~~Renée Johnson, Specialist in Agricultural Policy~~
~~CRS Report R46737,~~ ~~Agricultural Biotechnology: Overview, Regulation, and Selected Policy~~
~~Issues~~
~~CRS Report~~ 2020, USDA issued an Advance Notice of Proposed Rulemaking, proposing to transfer the regulation of agricultural animals produced or modified with genetic engineering from the Food and Drug Administration to USDA. In 2021, the agencies entered into a Memorandum of Understanding (MOU) establishing a collaborative framework for regulating genetically engineered animal species in agriculture. This includes species regulated by USDA under the Federal Meat Inspection Act and the Poultry Products Inspection Act. The MOU details the creation of regulatory frameworks, pre-market evaluations, and post-market monitoring, with each agency having specific roles based on their authorities to ensure the safe and efficient entry of genetically engineered species into the market. Congress may consider whether to retain or revisit the 1986 framework that governs U.S. biotechnology regulation (i.e., the Coordinated Framework for the Regulation of Biotechnology), as plants and animals developed with new biotechnology tools become more common, and as federal agencies reconsider their roles and responsibilities in protecting health and the environment without impeding innovation. Congress may also examine the implementation of Executive Order (EO) 14081, Advancing Biotechnology and Biomanufacturing Innovation for a Sustainable, Safe, and Secure American Bioeconomy, intended to enhance coordination and communication between federal regulatory agencies and stakeholders to facilitate the development and commercialization of biotechnology products, including agricultural ones. For Further Information Eleni G. Bickell, Analyst in Agricultural Policy CRS Report R46737, Agricultural Biotechnology: Overview, Regulation, and Selected Policy Issues CRS Report R47683, Gene-Edited Plants: Regulation and Issues for Congress CRS Report R46183, R46183, The National Bioengineered Food Disclosure Standard: Overview and
Selected Considerations
CRS In Focus IF11573, CRS In Focus IF11573, USDA’s SECURE Rule to Regulate Agricultural Biotechnology
Biotechnology and Biomedical Research
Recent advances in biotechnology and biomedical research hold the promise of longer and Recent advances in biotechnology and biomedical research hold the promise of longer and
healthier lives and more productive industry while raising policy challenges. Some issues that the healthier lives and more productive industry while raising policy challenges. Some issues that the
118th Congress may face include those relating to the bioeconomy; the National Institutes of 118th Congress may face include those relating to the bioeconomy; the National Institutes of
Health; oversight of engineering biology; regulation of laboratory-developed tests; monitoring of Health; oversight of engineering biology; regulation of laboratory-developed tests; monitoring of
environmental deoxyribonucleic acid (DNA) and ribonucleic acid (RNA); and the convergence of environmental deoxyribonucleic acid (DNA) and ribonucleic acid (RNA); and the convergence of
biotechnology, digital data, robotics, and artificial intelligence. biotechnology, digital data, robotics, and artificial intelligence.
Bioeconomy
The bioeconomy is the portion of the economy based on products, services, and processes derived The bioeconomy is the portion of the economy based on products, services, and processes derived
from biological resources (e.g., plants and microorganisms). According to the McKinsey Global from biological resources (e.g., plants and microorganisms). According to the McKinsey Global
Institute, “as much as 60 percent of the physical inputs to the global economy could, in principle, Institute, “as much as 60 percent of the physical inputs to the global economy could, in principle,
be produced biologically.” Many experts view growing the bioeconomy as a means to address be produced biologically.” Many experts view growing the bioeconomy as a means to address
societal challenges such as climate change, food security, energy independence, and societal challenges such as climate change, food security, energy independence, and
environmental sustainability. environmental sustainability. ~~However, the~~This cross-cutting nature of the bioeconomy poses cross-cutting nature of the bioeconomy poses
potential challenges to effective policymaking, including the harmonization of policies and potential challenges to effective policymaking, including the harmonization of policies and
coherent coherent governance. Congressional Research Service 17 Science and Technology Issues for the 118th Congress ~~governance.~~
On September 12, 2022, President Biden issued Executive Order 14081, “Advancing On September 12, 2022, President Biden issued Executive Order 14081, “Advancing
Biotechnology and Biomanufacturing Innovation for a Sustainable, Safe, and Secure American Biotechnology and Biomanufacturing Innovation for a Sustainable, Safe, and Secure American
Bioeconomy,” which prescribes a “whole-of-government approach to advance biotechnology and Bioeconomy,” which prescribes a “whole-of-government approach to advance biotechnology and
biomanufacturing towards innovative solutions.” According to the White House, “global industry biomanufacturing towards innovative solutions.” According to the White House, “global industry
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is on the cusp of an industrial revolution powered by biotechnology. Other countries are is on the cusp of an industrial revolution powered by biotechnology. Other countries are
positioning themselves to become the world’s resource for biotechnology solutions and products.” positioning themselves to become the world’s resource for biotechnology solutions and products.”
The 118th Congress may wish to consider a number of issues regarding advancement of the U.S. The 118th Congress may wish to consider a number of issues regarding advancement of the U.S.
bioeconomy, including the development and implementation of a national bioeconomy strategy, bioeconomy, including the development and implementation of a national bioeconomy strategy,
federal investments in bioeconomy-related research and development, expanding the bioeconomy federal investments in bioeconomy-related research and development, expanding the bioeconomy
workforce, promoting and furthering the development of regional bioeconomies, increasing the workforce, promoting and furthering the development of regional bioeconomies, increasing the
market for bio-based products and services, and increasing public awareness and acceptance of market for bio-based products and services, and increasing public awareness and acceptance of
bio-based products and services. Conversely, Congress may decide there is no need to restructure bio-based products and services. Conversely, Congress may decide there is no need to restructure
federal activities and policies, including some long-standing efforts (e.g., bio-based fuels or federal activities and policies, including some long-standing efforts (e.g., bio-based fuels or
agricultural biotechnology), under a bioeconomy framework. agricultural biotechnology), under a bioeconomy framework.
For Further Information
~~Marcy E. Gallo~~Todd Kuiken, Analyst in Science and Technology Policy , Analyst in Science and Technology Policy
~~Todd Kuiken~~Marcy E. Gallo, Analyst in Science and Technology Policy , Analyst in Science and Technology Policy
CRS Report R46881, CRS Report R46881, The Bioeconomy: A Primer
CRS Report R47274, CRS Report R47274, White House Initiative to Advance the Bioeconomy, E.O. 14081: In Brief
CRS Report R47265, CRS Report R47265, Synthetic/Engineering Biology: Issues for Congress
National Institutes of Health (NIH) and Biomedical Research
~~NIH is the lead federal agency for medical and health research. NIH funds basic, translational,~~
~~and clinical research, with basic research comprising about half of its funded research. NIH~~
~~supports intramural research conducted at NIH research facilities (about 10% of its budget) as~~
~~well as extramural research through grants, contracts, and other mechanisms at research~~
~~institutions nationwide and globally (over 80% of its budget). NIH’s FY2022 enacted program~~
~~level is $46.2 billion~~The National Institutes of Health (NIH), based in the Department of Health and Human Services (HHS), is the lead federal agency for medical and health research. In FY2023, NIH used its over $47 billion budget to support more than 300,000 scientists and research personnel working at over 2,500 institutions across the United States and abroad, as well as to conduct research at its own facilities. The agency consists of the Office of the Director, in charge of overall policy and program coordination, and 27 Institutes and Centers, each of which focuses on particular diseases or research areas in human health. NIH represents about one-fifth of total federal R&D spending, and close to . NIH represents about one-fifth of total federal R&D spending, and close to
half of non-DOD half of non-DOD ~~research and development funding.~~
~~NIH is a large agency made up of 27 institutes and centers (ICs) and the Office of the Director.~~
~~Each research IC receives separate appropriations, sets its own priorities, and manages its~~
~~programs in coordination with the Office of the Director. Funding levels vary widely among the~~
~~ICs. The National Cancer Institute has the highest FY2022 enacted funding level at $6.9 billion,~~
~~and the John E. Fogarty International Center (focus on global health) has the lowest FY2022~~
~~funding level at $87 million. Aside from setting funding levels for individual IC accounts,~~
~~Congress has not designated funding for specific disease or research areas, except in a few cases~~
~~(e.g., Alzheimer’s disease research).~~
~~In FY2022, Congress funded a new Advanced Research Projects Agency for Health (ARPA-H)—~~
~~an agency focused on advancing health innovations by funding high-risk, high-reward research.~~
~~ARPA-H is housed within NIH but functions independently. Moving forward, Congress may wish~~
~~to consider the respective roles for NIH and ARPA-H in health research.~~
~~NIH is arguably at an inflection point at the start of the 118th Congress. Its long-time director, Dr.~~
~~Francis Collins, stepped down in 2021, and a new director has yet to be appointed. Some IC~~
~~director positions are also vacant, and new leadership could lead to an overall shift at the agency.~~
~~In recent years, NIH has received some praise, especially for its role in research and development~~
~~supporting COVID-19 vaccines and tests. On the other hand, some have criticized the agency as~~
~~it relates to research security, including its role in funding controversial “gain-of-function”~~
~~research and its oversight of funded research in China. Some have also critiqued the agency as~~
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~~risk-averse in its approach to funding research and the slow pace of some of its research~~
~~initiatives, such as its Long COVID research. The 118th Congress may wish to consider how best~~
~~to ensure that NIH-funded research—and U.S. biomedical science more broadly—is productive,~~
~~secure, and effective.~~
~~For Further Information~~
~~Kavya Sekar, Analyst in Health Policy~~
CRS Report R43341, National Institutes of Health (NIH) Funding: FY1996-FY2024
~~CRS Report R47568,~~ ~~Advanced Research Projects Agency for Health (ARPA-H): Overview and~~
~~Selected Issues~~
R&D funding. Congress last reauthorized and comprehensively addressed NIH policy and programs through the 21st Century Cures Act of 2016 (Cures Act, P.L. 114-255). Some Cures Act NIH authorizations have since expired, for example, the Cancer Moonshot initiative authorization expired in FY2023. The Cancer Moonshot was originally established with the broad goal of making a decade's worth of scientific progress in preventing and treating cancer in just five years. In 2022, President Biden announced a “reignited” Cancer Moonshot effort focused on a broad set of health strategies in addition to research. It remains to be seen whether and how Congress might formally authorize or fund this new effort. In the 118th Congress, some Members have focused on research security issues at NIH. For example, there has been increased attention on NIH’s funding and oversight of so-called “gain-of-function” research, which can make a virus more transmissible or pathogenic. In addition, concerns have been raised around foreign interference in NIH research, particularly where NIH-funded researchers have had undisclosed foreign conflicts of interest and commitment (e.g., duplicate research funding). The PREVENT Pandemics Act (P.L. 117-328, Division FF, Title II), Congressional Research Service 18 Science and Technology Issues for the 118th Congress enacted in December 2022, included several provisions requiring HHS and NIH to develop policies that address security risks associated with funded research. Other NIH issues during the 118th Congress include: • The newly appointed NIH Director’s strategy and decisions, particularly with respect to research priorities. • The balance of NIH’s research portfolio with respect to disease and health areas as well as types of research (e.g., basic, translational, and clinical). • NIH’s relationship with the new Advanced Research Projects Agency for Health (ARPA- H). • The affordability of pharmaceutical drugs based on NIH funded research or intellectual property. • Animal use in NIH-funded research and associated scientific and ethical concerns. For Further Information Kavya Sekar, Analyst in Health Policy CRS Report R43341, National Institutes of Health (NIH) Funding: FY1996-FY2024 CRS In Focus IF12504, The Cancer Moonshot: Overview and Issues CRS In Focus IF12002, Animal Use in Federal Biomedical Research: A Policy Overview CRS Insight IN12173, Expired and Expiring National Institutes of Health (NIH) Provisions CRS Report R47649, PREVENT Pandemics Act (P.L. 117-328, Division FF, Title II) Advanced Research Projects Agency for Health (ARPA-H) Through FY2022 appropriations (P.L. 117-103), Congress provided $1 billion to establish the Advanced Research Projects Agency for Health at HHS. ARPA-H advances “high-potential, high-impact biomedical and health research that cannot be readily accomplished through traditional research or commercial activity.” ARPA-H responds to concerns that traditional health research funding processes are too risk averse—favoring incremental advances over potentially transformative research. ARPA-H is modelled after other “ARPAs” in the federal government, especially the Defense Advanced Research Projects Agency. The “ARPA model” involves an organizational structure designed to be flat and nimble, staffed by tenure-limited program managers with a high degree of autonomy to select and fund research projects using a milestone-based contract approach. There are uncertainties around how well the ARPA model will work in the health and biomedical research context. Prior policy debates surrounding ARPA-H focused in large part on where to place the new agency within HHS and how to ensure its independence. In March 2022, the HHS Secretary chose to place ARPA-H within NIH, with the Director reporting directly to the HHS Secretary. ARPA-H was formally authorized in December 2022 through the PREVENT Pandemics Act (P.L. 117-328, Division FF, Title II), which codified this organizational structure. ARPA-H began establishing its programs and issued its first announcement for funding proposals in 2023. Congress has thus far provided ARPA-H with over $2.5 billion in multiyear Congressional Research Service 19 Science and Technology Issues for the 118th Congress appropriations. As ARPA-H continues to develop its programs, ongoing oversight issues for Congress include: • Are ARPA-H’s programs and focus areas in line with congressional intent for the new agency? • Is ARPA-H able to recruit people with the appropriate talent and expertise as program managers? • How is ARPA-H avoiding duplication and ensuring collaboration with other agencies that fund health research? • What processes and policies are ARPA-H putting into place to facilitate eventual broader implementation of ARPA-H-supported innovations? • What does success look like for ARPA-H in the short, medium, and long term? For Further Information Kavya Sekar, Analyst in Health Policy Marcy Gallo, Analyst in Science and Technology Policy CRS Report R47568, Advanced Research Projects Agency for Health (ARPA-H): Overview and Selected Issues Interoperability and the Office of the National Coordinator for Health Information Technology (ONC) Information technology (IT) takes many forms, and is increasingly used in health care contexts to improve, and make more efficient, patient care. Numerous federal initiatives have facilitated and incentivized this transition, including the establishment of the Office of the National Coordinator for Health Information Technology (ONC), codified by the Health Information Technology for Economic and Clinical Health Act of 2009 (HITECH Act, P.L. 111-5). ONC is a federal staff division within the U.S. Department of Health and Human Services and is in part tasked with advancing nationwide health IT (HIT) interoperability, or essentially, the capability of different HITs to communicate with one another and meaningfully exchange and use data. Some topics in the ONC HIT sphere that may be of particular interest to the 118th Congress include artificial intelligence (AI), data protection, and efforts to extend interoperability nationwide and across different categories of health data. ONC promotes interoperability in numerous ways. For example, ONC develops voluntary federal standards for HIT under its Health IT Certification Program (Certification Program). In December 2023, ONC operationalized the Trusted Exchange Framework and Common Agreement (TEFCA). TEFCA in part intends to facilitate the connection of different hubs, or health information exchanges (HIEs), across the country. Thus, TEFCA’s operationalization is meant to continue expanding interoperability and the trusted exchange of digital health information nationwide. As innovative HIT emerges, ONC has taken a key federal role in developing regulations for these novel technologies. Notably, on January 9, 2024, ONC published a final rule, entitled Health Data, Technology, and Interoperability: Certification Program Updates, Algorithm Transparency, and Information Sharing (HTI-1), in the Federal Register. Among other things, this rule further develops ONC policy regarding algorithm transparency, including as it relates to AI, in HIT contexts. Under this rule, ONC-certified health IT modules that contain AI and other predictive Congressional Research Service 20 Science and Technology Issues for the 118th Congress algorithms must provide clinical users access to consistent, baseline information, in part to better inform users’ selections of appropriate tools. For Further Information Nora Wells, Analyst in Health Policy CRS In Focus IF12352, The Office of the National Coordinator for Health Information Technology (ONC) Oversight of Engineering Biology
Engineering biology is the application of engineering principles and the use of systematic design Engineering biology is the application of engineering principles and the use of systematic design
tools to enable the reprogramming of living cells at the genetic level for a specific functional tools to enable the reprogramming of living cells at the genetic level for a specific functional
output. As the field of engineering biology is developing rapidly, distinctions are not always clear output. As the field of engineering biology is developing rapidly, distinctions are not always clear
among engineering biology, synthetic biology, and other related terms such as GE, genome among engineering biology, synthetic biology, and other related terms such as GE, genome
engineering, and biotechnology. Engineering biology may find use in multiple sectors, including engineering, and biotechnology. Engineering biology may find use in multiple sectors, including
biomanufacturing, medicine, consumer products, agriculture, smart materials, energy generation, biomanufacturing, medicine, consumer products, agriculture, smart materials, energy generation,
adaption to and mitigation of climate change, environmental conservation, pollution remediation, adaption to and mitigation of climate change, environmental conservation, pollution remediation,
and others. On September 12, 2022, President Biden issued Executive Order 14081, “Advancing and others. On September 12, 2022, President Biden issued Executive Order 14081, “Advancing
Biotechnology and Biomanufacturing Innovation for a Sustainable, Safe, and Secure American Biotechnology and Biomanufacturing Innovation for a Sustainable, Safe, and Secure American
Bioeconomy.” An accompanying White House press release stated that “global industry is on the Bioeconomy.” An accompanying White House press release stated that “global industry is on the
cusp of an industrial revolution powered by biotechnology” and that “other countries are cusp of an industrial revolution powered by biotechnology” and that “other countries are
positioning themselves to become the world’s resource for biotechnology solutions and products.” positioning themselves to become the world’s resource for biotechnology solutions and products.”
Applications of engineering biology have become more complex, novel, and designed for broader Applications of engineering biology have become more complex, novel, and designed for broader
use in the environment—for example, to control disease transmission and reduce the impacts of use in the environment—for example, to control disease transmission and reduce the impacts of
invasive species on natural population. Applications designed for release into the environment invasive species on natural population. Applications designed for release into the environment
may have biosecurity implications. For example, gene drives, a system of biasing inheritance to may have biosecurity implications. For example, gene drives, a system of biasing inheritance to
increase the likelihood of sexually reproducing species passing on a modified gene to offspring, increase the likelihood of sexually reproducing species passing on a modified gene to offspring,
could potentially spread and persist throughout the environment with irreversible effects on could potentially spread and persist throughout the environment with irreversible effects on
organisms and ecosystems. These potential ecological impacts could have biosecurity and organisms and ecosystems. These potential ecological impacts could have biosecurity and
strategic implications for the United States. For example, if a staple crop or ecosystem were strategic implications for the United States. For example, if a staple crop or ecosystem were
impacted by an engineering biology application, deliberately or by accident, it could affect U.S. impacted by an engineering biology application, deliberately or by accident, it could affect U.S.
food and water supply chains and global food security systems. food and water supply chains and global food security systems.
In the 118th Congress, policymakers may wish to consider whether the current U.S. regulatory In the 118th Congress, policymakers may wish to consider whether the current U.S. regulatory
system, research and infrastructure investments, and agency expertise appropriately balance the system, research and infrastructure investments, and agency expertise appropriately balance the
broad cross-cutting issues associated with engineering biology (e.g., biosafety, biosecurity, and broad cross-cutting issues associated with engineering biology (e.g., biosafety, biosecurity, and
ecological impacts) while maintaining U.S. competitiveness and leadership in biotechnology. ecological impacts) while maintaining U.S. competitiveness and leadership in biotechnology.
For Further Information
Todd Kuiken, Analyst in Science and Technology Policy Todd Kuiken, Analyst in Science and Technology Policy
Marcy E. Gallo, Analyst in Science and Technology Policy Marcy E. Gallo, Analyst in Science and Technology Policy
CRS Video WVB00526, CRS Video WVB00526, CRS Science and Technology Seminar Series: Engineering Biology
Issues for the 118th Congress
CRS Report R47265, CRS Report R47265, Synthetic/Engineering Biology: Issues for Congress
CRS Report R47274, White House Initiative to Advance the Bioeconomy, E.O. 14081: In Brief Congressional Research Service Congressional Research Service

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CRS Report R47274, White House Initiative to Advance the Bioeconomy, E.O. 14081: In Brief
Regulation of Laboratory-Developed Tests (LDTs)
Regulation of LDTsRegulation of LDTs~~—a class of~~, in vitro diagnostic in vitro diagnostic (IVD) devices that devices that isare designed, manufactured, and designed, manufactured, and
used within a single laboratoryused within a single laboratory~~—has been debated for many years, driven in part by an increase~~
~~in the number and complexity of LDT genetic tests. FDA~~, has long been debated. The Food and Drug Administration (FDA) has traditionally exercised enforcement has traditionally exercised enforcement
discretion over LDTs, discretion over LDTs, ~~meaning that~~so most have not undergone most have not undergone ~~FDA premarket review. Regardless,~~
premarket review; regardless, FDA has asserted authority over FDA has asserted authority over ~~certain LDTs that it considers to be higher risk—in particular~~LDTs it considers higher risk, for example, ,
direct-to-consumer direct-to-consumer ~~genetic tests and pharmacogenetic~~(DTC) genetic tests. In 2014, FDA published draft tests. In 2014, FDA published draft
guidance outlining a comprehensive risk-based regulatory framework for LDTs. This guidance guidance outlining a comprehensive risk-based regulatory framework for LDTs. This guidance
was never finalized, although FDA published a was never finalized, although FDA published a 2017 discussion paper~~discussion paper in 2017 summarizing the~~
~~comments received on the draft guidance and~~ presenting a modified proposed framework for presenting a modified proposed framework for an
~~approach to~~ LDT oversight. LDT oversight.
The COVID-19 pandemic highlighted issues around FDA regulation of LDTs. The COVID-19 pandemic highlighted issues around FDA regulation of LDTs. ~~Specifically,~~
~~although~~Although FDA generally exercises enforcement discretion over LDTs, most COVID-19 LDTs FDA generally exercises enforcement discretion over LDTs, most COVID-19 LDTs
~~have nevertheless been subject to~~ were subject to premarket review (Emergency Use Authorization (EUA)Emergency Use Authorization (EUA)) during the pandemic. In August 2020, HHS ~~requirements in the same~~
~~way as other medical products, including other in vitro diagnostics. In August 2020, the~~
~~Department of Health and Human Services (HHS)~~ announced that FDA was prohibited from announced that FDA was prohibited from
requiring premarket review for requiring premarket review for ~~all~~ LDTs without first undergoing notice-and-comment LDTs without first undergoing notice-and-comment
rulemaking. rulemaking. ~~Pursuant to~~After this announcement, FDA temporarily halted review of COVID-19 LDT this announcement, FDA temporarily halted review of COVID-19 LDT
EUA submissionsEUA submissions.; HHS rescinded HHS rescinded ~~this~~the policy policy onin November November ~~15,~~ 2021.2021.
Two bills addressing LDT regulation were introduced early in 2020 Two bills addressing LDT regulation were introduced early in 2020 ~~in response to the long-~~
~~standing debate and partially spurred by the pandemic~~: the VALID Act (H.R. 6102, S. 3404), : the VALID Act (H.R. 6102, S. 3404),
~~which would~~to establish a comprehensive regulatory scheme for establish a comprehensive regulatory scheme for ~~all~~ in vitro clinical tests, and the in vitro clinical tests, and the
VITAL Act (S. 3512), VITAL Act (S. 3512), ~~which would~~to exclude LDTs from regulation by the FDA. The VALID Act exclude LDTs from regulation by the FDA. The VALID Act
~~was again introduced in the 117th Congress (S. 2209/H.R. 4128) and was incorporated into a~~
~~Senate user fee bill (S. 4348, Subtitle C—In Vitro Clinical Tests), which did not pass. The 118th~~
~~Congress might wish to consider similar legislation.~~
~~For Further Information~~
~~Amanda Sarata, Specialist in Health Policy~~
was incorporated into the Senate user fee bill in 2022 (S. 4348), but was not included in the final passed legislation and was again introduced in the House during the 118th Congress (H.R. 2369). In the context of the regulation of COVID-19 LDTs during the pandemic, as well as the exclusion of the VALID Act from user fee legislation, in October 2023, the FDA published a proposed rule describing its intention to phase out its general enforcement discretion approach for LDTs. The 118th Congress may be interested in revisiting the VALID Act or similar legislation in light of FDA’s proposed rule. For Further Information Amanda Sarata, Specialist in Health Policy CRS In Focus IF11389, FDA Regulation of Laboratory-Developed Tests (LDTs) CRS Report R46261, Early Development and Regulation of Diagnostic Testing for COVID-19: Frequently Asked Questions CRS In Focus IF11389, FDA Regulation of Laboratory-Developed Tests (LDTs)
DNA as Data
Environmental deoxyribonucleic acid (eDNA) and environmental ribonucleic acid (eRNA) are Environmental deoxyribonucleic acid (eDNA) and environmental ribonucleic acid (eRNA) are
trace amounts of genetic material collected from an environmental sample such as soil, trace amounts of genetic material collected from an environmental sample such as soil,
sediments, water, or air. An eDNA/RNA sample can be compared against primers, or specific sediments, water, or air. An eDNA/RNA sample can be compared against primers, or specific
partial sequences of DNA/RNA, developed from reference databases of previously sequenced partial sequences of DNA/RNA, developed from reference databases of previously sequenced
DNA/RNA from known species. The results of that comparison can be used to identify and track DNA/RNA from known species. The results of that comparison can be used to identify and track
a species of interest, identify the presence of small or rare species, and detect the presence of non-a species of interest, identify the presence of small or rare species, and detect the presence of non-
native plants or animals, as well as microbes, viruses, and other pathogens. For example, analysis native plants or animals, as well as microbes, viruses, and other pathogens. For example, analysis
of eRNA in wastewater and sewage has been used to detect and monitor the presence of the virus of eRNA in wastewater and sewage has been used to detect and monitor the presence of the virus
that causes COVID-19. that causes COVID-19.
How sequences and other data are collected, analyzed, and stored in these reference databases How sequences and other data are collected, analyzed, and stored in these reference databases
could have an impact on how eDNA/RNA data can be used for research and decisionmaking. The could have an impact on how eDNA/RNA data can be used for research and decisionmaking. The
availability, quality, and selection of a primer, or DNA sequence, from one database over another availability, quality, and selection of a primer, or DNA sequence, from one database over another
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can affect the analysis of an eDNA/RNA sample. For example, to accurately identify a particular can affect the analysis of an eDNA/RNA sample. For example, to accurately identify a particular
species, or to conduct a broad, multi-species survey (a technique known as metagenomics) species, or to conduct a broad, multi-species survey (a technique known as metagenomics)
requires reference sequences of particular quality and length from all species of interest. Whether requires reference sequences of particular quality and length from all species of interest. Whether
databases are private or publicly managed can affect access to datasets for eDNA analysis. databases are private or publicly managed can affect access to datasets for eDNA analysis.
Databases that contain genetic sequence information can also have implications for biosafety and Databases that contain genetic sequence information can also have implications for biosafety and
biosecurity. biosecurity.
The 118th Congress may wish to consider the appropriate level of federal investment in The 118th Congress may wish to consider the appropriate level of federal investment in
eDNA/RNA techniques, the development and maintenance of genetic sequence information eDNA/RNA techniques, the development and maintenance of genetic sequence information
databases, and the development of federal standards/protocols for applying eDNA/RNA tools. databases, and the development of federal standards/protocols for applying eDNA/RNA tools.
Policymakers may also consider regulation of the collection, use, retention, and access to digital Policymakers may also consider regulation of the collection, use, retention, and access to digital
DNA/RNA sequence data and how local, state, and federal agencies currently use or could use DNA/RNA sequence data and how local, state, and federal agencies currently use or could use
eDNA/RNA for decisionmaking. eDNA/RNA for decisionmaking.
For Further Information
Todd Kuiken, Analyst in Science and Technology Policy Todd Kuiken, Analyst in Science and Technology Policy
Anna E. Normand, Anna E. Normand, ~~Analyst~~Specialist in Natural Resources Policy in Natural Resources Policy
Caitlin Keating-Bitonti, Analyst in Natural Resources Policy Caitlin Keating-Bitonti, Analyst in Natural Resources Policy
Anne A. Riddle, Analyst in Natural Resources Policy Anne A. Riddle, Analyst in Natural Resources Policy
John F. Sargent Jr., Specialist in Science and Technology Policy John F. Sargent Jr., Specialist in Science and Technology Policy
CRS In Focus IF12356, CRS In Focus IF12356, Digital Biology: Implications of Genetic Sequencing
CRS Video WVB00593, CRS Video WVB00593, Science and Technology Q&A: Environmental DNA (eDNA)
CRS Report WPD00061, CRS Report WPD00061, Science and Technology Podcast: Environmental DNA (eDNA)
CRS In Focus IF12285, CRS In Focus IF12285, eDNA/eRNA: Scientific Value in What’s Left Behind
Convergence of Biotechnology, Digital Data, Robotics, and
Artificial Intelligence
As biotechnology has advanced, it has built upon advances in other fields of S&E such as As biotechnology has advanced, it has built upon advances in other fields of S&E such as
nanotechnology, artificial intelligence, robotics, and digital data management. Advances in DNA nanotechnology, artificial intelligence, robotics, and digital data management. Advances in DNA
sequencing technologies have made it possible to sequence entire genomes (the genetic sequencing technologies have made it possible to sequence entire genomes (the genetic
information responsible for the development and function of an organism) in greater depth and at information responsible for the development and function of an organism) in greater depth and at
lower cost. The resulting digital sequence information can be stored in proprietary or public lower cost. The resulting digital sequence information can be stored in proprietary or public
databases, many of which are publicly funded and freely accessible to interested parties to databases, many of which are publicly funded and freely accessible to interested parties to
download. Gene synthesis technologies can use this information to “write” DNA, turning the data download. Gene synthesis technologies can use this information to “write” DNA, turning the data
back into actual genetic material. This ability to both read and write DNA is a fundamental back into actual genetic material. This ability to both read and write DNA is a fundamental
enabling technology for biotechnology. Biofoundries that combine biology, computer-aided enabling technology for biotechnology. Biofoundries that combine biology, computer-aided
design, robotics, and engineering technologies in a single facility increasingly provide an design, robotics, and engineering technologies in a single facility increasingly provide an
integrated infrastructure that enables the rapid design, construction, and testing of engineered integrated infrastructure that enables the rapid design, construction, and testing of engineered
organisms for biotechnology applications and research. organisms for biotechnology applications and research.
This has led to the establishment of new industries and the emergence of new communities of This has led to the establishment of new industries and the emergence of new communities of
practice. At the same time, increased access to digital sequence information, combined with practice. At the same time, increased access to digital sequence information, combined with
advances in artificial intelligence and robotics, has raised biosafety and biosecurity concerns. advances in artificial intelligence and robotics, has raised biosafety and biosecurity concerns.
Questions include, for example: Who should have access to these capabilities? What limits should Questions include, for example: Who should have access to these capabilities? What limits should
be placed on the services that may be provided in order to prevent the deliberate or accidental be placed on the services that may be provided in order to prevent the deliberate or accidental
development and use of a potential biological threat? development and use of a potential biological threat?
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The United States has multiple, overlapping policies that provide guidance and oversight for life The United States has multiple, overlapping policies that provide guidance and oversight for life
sciences research and its associated applications. In the 118th Congress, policymakers may wish to sciences research and its associated applications. In the 118th Congress, policymakers may wish to
consider whether current policies to address the convergence of biotechnology, digital data, consider whether current policies to address the convergence of biotechnology, digital data,
robotics, and artificial intelligence are sufficient and adequately balanced or whether new robotics, and artificial intelligence are sufficient and adequately balanced or whether new
oversight authorities are needed to manage the emerging biosafety and biosecurity issues without oversight authorities are needed to manage the emerging biosafety and biosecurity issues without
unduly stifling innovation. unduly stifling innovation.
For Further Information
Todd Kuiken, Analyst in Science and Technology Policy Todd Kuiken, Analyst in Science and Technology Policy
CRS Report R47849, CRS Report R47849, Artificial Intelligence in the Biological Sciences: Uses, Safety, Security, and
Oversight
CRS CRS Report WPD00077, Science and Technology Podcast: Artificial Intelligence in the Biological Sciences CRS Video WVB00642, Science and Technology Q&A: Artificial Intelligence in the Biological Sciences CRS Report R47114, Report R47114, Oversight of Gain of Function Research with Pathogens: Issues for
Congress
CRS Report R47265, CRS Report R47265, Synthetic/Engineering Biology: Issues for Congress
Climate Change
S&T considerations S&T considerations ~~permeate~~are often part of the deliberations deliberations onof climate change climate change policy and may be grouped into five and may be grouped into five
interrelated topics: interrelated topics:
1. climate-change-related science and the ocean-climate nexus; 1. climate-change-related science and the ocean-climate nexus;
2. 2. ~~clean energy research, development, demonstration, and deployment;~~
~~3. climate change and infrastructure;~~
~~4. S&T for~~climate mitigation science and technology; 3. infrastructure and decarbonization; 4. climate change adaptation and resilience adaptation and resilience ~~to climate change~~; and ; and
5. carbon capture, utilization, and sequestration. 5. carbon capture, utilization, and sequestration.
Legislation regarding climate change and water policy was enacted in the 117th Congress, Legislation regarding climate change and water policy was enacted in the 117th Congress,
~~providing a new landscape for charting the 118th Congress’s priorities in these issue areas.~~
~~Climate Change-Related Science and the Ocean-Climate Nexus~~
~~The U.S. Global Change Research Program (USGCRP) is an interagency program required by the~~
~~Global Change Research Act of 1990 (P.L. 101-606) that coordinates global climate change~~
~~research across 13 government agencies. For FY2021, enacted appropriations for this purpose~~
~~were approximately $3.2 billion. The Sixth Assessment Report of the Intergovernmental Panel on~~
~~Climate Change, published in 2022, provides current information on climate change science and~~
~~relied, in part, on U.S. federal investment in global climate change science.~~
~~In 2017, USGCRP published the Climate Science Special Report, Volume I (CSSR~~influencing debate on related issues during the 118th Congress. Climate Change-Related Science and the Ocean-Climate Nexus Congress may examine and consider recent scientific assessments—domestic and international—that strengthened previous assessments. For example, in 2023 the U.S. Global Change Research Program (USGCRP) published the Fifth National Climate Assessment (NCA5), which found ), which found
that human-related greenhouse gas (GHG) emissions are accumulating in the atmosphere, that human-related greenhouse gas (GHG) emissions are accumulating in the atmosphere,
~~intensifying the natural GHG effect~~raising global average temperature, and increasing acidity of the global , and increasing acidity of the global ~~oceans~~ocean. It concluded that . It concluded that
the increase in GHG emissions is driving global land and ocean warming and other climate the increase in GHG emissions is driving global land and ocean warming and other climate
~~changes that are now unprecedented in the history of modern civilization. It also stated~~
~~[B]ased on extensive evidence, that it is extremely likely that human activities, especially~~
~~emissions of greenhouse gases, are the dominant cause of the observed warming since the~~
~~mid-20th century. For the warming over the last century, there is no convincing alternative~~
~~explanation supported by the extent of the observational evidence.~~
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effects (e.g., melting ice and sea level rise). It stated that: It is unequivocal that human activities have increased atmospheric levels of carbon dioxide and other greenhouse gases. It is also unequivocal that global average temperature has risen in response. Congressional Research Service 24 Science and Technology Issues for the 118th Congress The USGCRP also coordinates U.S. participation in the Intergovernmental Panel on Climate Change (IPCC), that provides reports on climate science, including mitigation solutions that some might consider controversial, such as solar geoengineering. Recently the science of climate change attribution—whether, or to what degree, human influence may have contributed to extreme climate or weather events—has received increased attention. Attributions of extreme weather to human-induced climate change may affect how policymakers, understand and manage associated risks.
The ocean is an integral part of the global climate system, as it absorbs, retains, and transports The ocean is an integral part of the global climate system, as it absorbs, retains, and transports
heat, water, and carbon. This interplay is referred to as the ocean-climate nexusheat, water, and carbon. This interplay is referred to as the ocean-climate nexus. The absorption of carbon dioxide by the ocean is contributing to ocean acidification thereby affecting some marine species and putting fisheries at risk~~. The CSSR stated,~~
~~“Oceans currently absorb about 26% of the human-caused CO2 [carbon dioxide]~~
~~anthropogenically emitted into the atmosphere.” This absorption is causing acidification of the~~
~~ocean, affecting some marine species~~. Ocean acidification is an area of ongoing research by . Ocean acidification is an area of ongoing research by
federal federal science agencies. The U.S. marine economy may be positively or negatively impacted by climate change (e.g., ocean warming or acidification).~~science agencies. The ocean also absorbs heat resulting from GHG warming. The CSSR~~
~~stated, “The world’s oceans have absorbed about 93% of the excess heat caused by greenhouse~~
~~gas warming since the mid-20th century, making them warmer and altering global and regional~~
~~climate feedbacks.”~~
The 118th Congress may wish to examine the role of the federal government in supporting federal The 118th Congress may wish to examine the role of the federal government in supporting federal
climate climate ~~change~~ and oceanand ocean~~-based science. This assessment may involve oversight of how the~~
~~executive branch implements legislation enacted in the 117th Congress. For example, P.L. 117-~~
~~169, commonly referred to as the Inflation Reduction Act of 2022, provided appropriations for a~~
~~range of climate-related objectives, including research. The 118th Congress may wish to examine~~
~~how appropriations provided in P.L. 117-169 support climate research, whether subsequent~~
~~congressional support for climate change science is warranted, and how appropriations~~ science. Congress may wish to monitor federal support for climate and ocean research, whether additional support for is needed, and how it may be may be
~~allocated~~allocated among federal agencies. .
For Further Information
~~Caitlin Keating-Bitonti~~ Jonathan Haskett, Analyst in , Analyst in ~~Natural Resources~~Environmental Policy Policy
~~Jonathan Haskett, Analyst in Environmental Policy~~
Caitlin Keating-Bitonti, Analyst in Natural Resources Policy CRS Report R47583, CRS Report R47583, Is That Climate Change? The Science of Extreme Event Attribution
CRS Report CRS Report ~~R45086,~~ ~~Evolving Assessments of Human and Natural Contributions to Climate~~
~~Change~~
CRS Report R47172, Geoengineering: Ocean Iron Fertilization
R47172, Geoengineering: Ocean Iron Fertilization CRS Report R47551, Solar Geoengineering and Climate Change CRS Report R47300, Ocean Acidification: Frequently Asked Questions CRS In Focus IF12188, What is the Blue Economy? CRS Report R47082, Intergovernmental Panel on Climate Change: Sixth Assessment Report CRS Report R45086, Evolving Assessments of Human and Natural Contributions to Climate Change Climate Mitigation Science and Technology A large majority of federal climate-change-related expenditures are aimed at advancing technologies and practices that reduce GHG emissions from energy, agriculture, industry, and additional sectors. For example, these CRS Report R47300, Ocean Acidification: Frequently Asked Questions
CRS Report R47082, Intergovernmental Panel on Climate Change: Sixth Assessment Report
~~Clean Energy Research, Development, Demonstration, and~~
~~Deployment~~
~~Many analysts see a path to stabilizing climate change as involving improved energy efficiency,~~
~~decarbonization, and electrification of the world’s economies. Many options could potentially~~
~~provide additional security and health benefits, while their costs may depend on public and~~
~~private investments in research, development, demonstration, and deployment (RDD&D), as well~~
~~as efforts to facilitate transitions in businesses, employment, and communities.~~
~~A large majority of federal climate-change-related expenditures is aimed at advancing “clean~~
~~energy,” though Members may disagree about what should be included as a clean energy~~
~~technology. For example, clean energy~~ might include advanced fossil fuels, renewable energy, might include advanced fossil fuels, renewable energy,
biofuels, energy efficiency, energy storage, vehicles and their fuels, nuclear energy, biofuels, energy efficiency, energy storage, vehicles and their fuels, nuclear energy, ~~the electricity~~
~~grid, and ocean carbon sequestration and direct capture of CO2from the atmosphere~~and electricity grid innovation, among , among
~~others. Clean energy may include those technologies and practices that reduce GHG emissions for~~
~~agriculture, industry, and additional sectors.~~
~~Some clean energy incentives focus on “supply-push” of technologies (e.g., R&D funding and~~
~~federal financial assistance), while others emphasize “demand-pull” (e.g., tax incentives for~~
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~~purchasers). Numerous examples suggest that coordinated use of both supply- and demand-side~~
~~policies could be most effective. The~~others. Mitigation of human-related GHGs may also occur through the decarbonization of industrial processes such as the manufacture of low-carbon-intensity aluminum and steel. Congress may consider the magnitude of federal expenditures for climate change magnitude of federal expenditures for climate change
mitigation technologies, the performance of federally supported programs, and priorities for policy tools and technologies, the performance of federally supported programs, and priorities for policy tools and
technologiestechnologies. These may be topics for Congress to evaluate regarding their role in incentivizing or de- may be topics for Congress to evaluate regarding their role in incentivizing or de-
incentivizing incentivizing ~~clean energy~~mitigation technologies. technologies.
~~The 117th Congress passed legislation that includes clean energy RDD&D provisions. The~~ Congressional Research Service 25 Science and Technology Issues for the 118th 118th
~~Congress may consider oversight of how the Administration implements the legislation or~~
~~amending the law to achieve a different policy direction or outcome. Legislation key to clean~~
~~energy RDD&D from the 117th Congress includes~~
~~• P.L. 117-169, commonly known as the Inflation Reduction Act of 2022, includes~~
~~tax incentives for deployment of many clean energy technologies, grants and~~
~~rebates for some clean energy technologies, and provisions for clean energy~~
~~demonstration projects under an advanced industrial facilities deployment~~
~~program, among other provisions.~~
~~• The Infrastructure Investment and Jobs Act (IIJA, P.L. 117-58) includes~~Congress The 117th Congress passed legislation that aims to support a range of climate mitigation approaches and technologies. The 118th Congress may continue monitoring the progress and implementation of these provisions. Legislation enacted that supports mitigation technologies and objectives includes: • P.L. 117-58, the Infrastructure Investment and Jobs Act (IIJA) provides funding funding
for multiple technology demonstration programs, including hydrogen, energy for multiple technology demonstration programs, including hydrogen, energy
storage, carbon removal, and advanced nuclear energy. Other provisions storage, carbon removal, and advanced nuclear energy. Other provisions ~~fund~~
~~infrastructure seen as necessary to enable greater use of certain clean energy~~
~~technologies.~~
~~• P.L. 117-167, commonly knowns~~support infrastructure projects that are generally considered necessary to enable increased development of GHG mitigation technologies. • P.L. 117-167, commonly known as the CHIPS and Science Act of 2022, as the CHIPS and Science Act of 2022,
includes includes funding for a low-emissions steel manufacturing research program and a funding for a low-emissions steel manufacturing research program and a
regional technology and innovation hub program, among regional technology and innovation hub program, among ~~others~~other provisions. • P.L. 117-169, commonly known as the Inflation Reduction Act of 2022 (IRA), includes tax incentives for deployment of a range of GHG mitigation technologies, including grants and rebates for specific energy technologies, and provisions for demonstration projects under an advanced industrial facilities deployment program, among other provisions. For Further Information Jonathan Haskett, Analyst in Environmental Policy Mark Holt, Specialist in Energy Policy CRS Report R47262, Inflation Reduction Act of 2022 (IRA): Provisions Related to Climate Change CRS Report 46945, Greenhouse Gas Emission Reduction Pledges by Selected Countries: Nationally Determined Contributions and Net-Zero Legislation CRS Report R45706, Advanced Nuclear Reactors: Technology Overview and Current Issues CRS In Focus IF11404, Greenhouse Gas Emissions and Sinks in U.S. Agriculture CRS Report R47034, Energy and Minerals Provisions in the Infrastructure Investment and Jobs Act (P.L. 117-58) CRS Report R47107, Domestic Steel Manufacturing: Overview and Prospects CRS Report R47294, U.S. Aluminum Manufacturing: Industry Trends and Sustainability CRS Video WVB00630, Science and Technology Q&A: Green Steel CRS In Focus IF12526, Cement: Background and Low-Carbon Production Infrastructure and Decarbonization Current infrastructure investment decisions may influence future GHG emissions ~~provisions.~~
~~For Further Information~~
~~Jonathan Haskett, Analyst in Environmental Policy~~
~~CRS Report R47262,~~ ~~Inflation Reduction Act of 2022 (IRA): Provisions Related to Climate~~
~~Change~~
~~CRS Report R47034,~~ ~~Energy and Minerals Provisions in the Infrastructure Investment and Jobs~~
~~Act (P.L. 117-58)~~
~~CRS In Focus IF11861,~~ ~~DOE’s Carbon Capture and Storage (CCS) and Carbon Removal~~
~~Programs~~
CRS In Focus IF11404, Greenhouse Gas Emissions and Sinks in U.S. Agriculture
CRS Report R47107, Domestic Steel Manufacturing: Overview and Prospects
CRS In Focus IF12188, What Is the Blue Economy?
~~Climate Change and Infrastructure~~
~~Current infrastructure investment decisions may shape not only future GHG emissions for~~
~~decades to come but also the resilience of infrastructure to future climate conditions. Regarding~~
~~GHG emissions, infrastructure’s influence on future emissions is particularly strong for energy~~
~~supply, transportation, industry, buildings, and communities. For example, in transportation,~~
~~choices among transportation modes and choices in how to power transport occur in the context~~
~~of the infrastructure that supports refueling (e.g., distribution of electric charging stations).~~
~~Congressional interest in S&T for more climate-resilient infrastructure may stem from multiple~~
~~events, including the effects of hurricanes and hot and cold extremes from 2017 to 2022 on~~
~~electricity provision in Puerto Rico, Texas, and western states; the flood and wind disruption and~~
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~~damage at military installations in Nebraska and Florida; and concerns regarding the ability of~~
~~western water infrastructure to meet water supply demands during drought conditions.~~
~~Infrastructure resilience relates both to avoiding damages and to maintaining and recovering~~
~~functionality from extreme weather events that may change with a warming climate in frequency~~
~~and intensity in some U.S. regions~~. Congress may wish to consider the merits of . Congress may wish to consider the merits of ~~altering~~funding for federal federal
R&D activitiesR&D activities~~, for example, to support S&T related to~~ that support infrastructure that would reduce GHG infrastructure that would reduce GHG
~~emissions. Congress may also revisit how support for S&T informs weather-related technical~~
~~specifications and guidelines for infrastructure and the choice of protective measures (including~~
~~the role of natural or nature-based features in infrastructure design and investment evaluations).~~
~~In addition to the conduct of oversight, or legislation that may be introduced, in the 118th~~
~~Congress, the extent to which climate change is considered as part of infrastructure investments is~~
~~likely to be shaped by how the Administration implements IRA (P.L. 117-169). For example, IRA~~
~~authorized and funded a direct loan program for electricity transmission projects that promote the~~
~~use of renewable energy sources, which may emit less GHG than fossil fuels~~emissions. For example, the National Initiative to Advance Building Codes calls for federal building performance standards developed by some federal agencies and departments to include a net-zero emissions building portfolio by 2045. In addition, a number of the recently enacted federal climate policies would require substantial investment and support for infrastructure to achieve their objectives. Congressional Research Service 26 Science and Technology Issues for the 118th Congress Infrastructure’s influence on future emissions is particularly strong for energy supply, transportation, industry, buildings, and communities. For example, IRA (P.L. 117-169) authorized and funded a direct loan program for some electricity transmission projects that include the use of renewable energy sources. Additionally, IIJA . Additionally, IIJA
(P.L. 117-58) includes some infrastructure provisions that might help reduce GHG emissions, (P.L. 117-58) includes some infrastructure provisions that might help reduce GHG emissions,
such as increasing the use of public transportation and intercity passenger rail by providing more such as increasing the use of public transportation and intercity passenger rail by providing more
~~public funding. Regarding more climate-resilient infrastructure, IRA also included provisions~~
~~related to contingency planning for climate-related effects on weather events that could affect the~~
~~electric grid. IIJA provided federal funding for “protective features” designed to reduce the risk of~~
~~infrastructure damage from extreme weather events.~~
~~For Further Information~~
~~Jonathan Haskett, Analyst in Environmental Policy~~
~~CRS In Focus IF11921,~~ ~~Surface Transportation and Climate Change: Provisions in the~~
~~Infrastructure Investment and Jobs Act (P.L. 117-58)~~
CRS Insight IN11981, Electricity Transmission Provisions in the Inflation Reduction Act of 2022
~~CRS In Focus IF12034,~~ ~~Extreme Weather and Lifeline Infrastructure Resilience: Provisions in the~~
~~Infrastructure Investment and Jobs Act (IIJA)~~
~~CRS Insight IN11980,~~ ~~Offshore Wind~~public funding. In the 118th Congress, policymakers may consider (1) the extent to which climate change objectives are included during debates about infrastructure investments, and (2) the role of infrastructure as the Administration implements various climate-related provisions in the IIJA (P.L. 117-58) and the IRA (P.L. 117-169). For Further Information Jonathan Haskett, Analyst in Environmental Policy CRS Report R47665, Building Codes, Standards, and Regulations: Frequently Asked Questions CRS Report R47666, Infrastructure Codes, Standards, and Regulations: Frequently Asked Questions CRS Report R46719, Green Building Overview and Issues CRS Insight IN12193, The Federal Flood Risk Management Standard (FFRMS) CRS In Focus IF11921, Surface Transportation and Climate Change: Provisions in the Infrastructure Investment and Jobs Act (P.L. 117-58) CRS Insight IN11981, Electricity Transmission Provisions in the Inflation Reduction Act of 2022 CRS Insight IN11980, Offshore Wind Provisions in the Inflation Reduction Act ~~Provisions in the Inflation Reduction Act~~
CRS Report R47286, Flooding: Selected Federal Assistance and Programs to Reduce Risk
~~CRS Report R46892,~~ ~~Infrastructure Investment and Jobs Act (IIJA): Drinking Water and~~
~~Wastewater Infrastructure~~
CRS Report R46719, Green Building Overview and Issues
~~S&T for Adaptation and Resilience to Climate Change~~
~~Congress may wish to review federal programs and funding for S&T to support adaptation or~~
~~resilience to observed and projected climate change in light of recent scientific assessments.~~
~~Congress may also review federal outlays for relief and recovery following extreme weather~~
~~events, some of which have been statistically linked to GHG-induced climate change. With~~
~~respect to this linkage, statistical analysis can sometimes be used to determine whether part of the~~
~~increased intensity of an extreme weather event can be attributed to GHG-induced climate~~
~~change.~~
~~Some issues related to infrastructure technology are discussed above, and there are additional~~
~~S&T issues associated with adaptation and resilience. For example, technological R&D needs~~
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~~may include new crop seed varieties suited to emerging climate conditions, better means to~~
~~manage floodwaters, advanced air conditioning technologies for buildings, improved wildfire~~
~~management techniques, and others. Improvements in climate change projections, particularly at~~
~~the local scale, could assist assessment of vulnerabilities and preparation for opportunities and~~
~~risks. Research leading to an improved understanding of the various costs and benefits of~~
~~adaptation techniques could also assist adaptation and resilience.~~
~~Congress may wish to address the federal role in supporting S&T that can facilitate effective~~
~~state, local, and private decisionmaking on adaptation and resilience to climate change. A federal~~
~~role, in addition to funding for S&T, may include increasing public access to scientific research,~~
~~climate and seasonal projections, impact assessments, and adaptation decision tools, as well as~~
~~training to facilitate productive use of such decision tools. Congress may wish to examine~~
~~whether federal financial support for resilience enhancements and disaster recovery encourages or~~
~~discourages the recognition of vulnerabilities and adaptation needs in private, state, and local~~
~~adaptation decisionmaking. One question, for example: Does federal support for disaster recovery~~
~~after a flood encourage or discourage activities that would mitigate flood risk? Congress may also~~
~~review efforts that the federal government has begun~~ CRS Report R46892, Infrastructure Investment and Jobs Act (IIJA): Drinking Water and Wastewater Infrastructure Climate Change Adaptation and Resilience Climate adaptation and resilience generally refers to processes of adjustment to actual or expected climate and its effects. For example, infrastructure resilience relates both to avoiding damages and to maintaining and recovering functionality from extreme weather events that may change with a warming climate in frequency and intensity in some U.S. regions. Congress may choose to consider how the results of scientific research inform weather-related technical specifications and guidelines for infrastructure and the choice of protective measures (including the role of natural or nature-based features in infrastructure design and investment evaluations). Congress may wish to review federal programs and funding to support adaptation or resilience to observed and projected climate change. Examples of adaptation programs which have received additional funding from the IIJA (P.L. 117-58) include three of the Federal Emergency Management Agency’s (FEMA) Hazard Mitigation Assistance (HMA) programs: the Building Resilient Infrastructure and Communities (BRIC) program, the Flood Mitigation Assistance Grant Program (FMA), and the Safeguarding Tomorrow Revolving Loan Fund Program (STRLF). FEMA uses the term mitigation rather than adaptation, defining mitigation as “any sustained action to reduce or eliminate long-term risk to people and property from natural hazards and their effects.” The IRA (P.L. 117-169) also included provisions related to contingency planning for climate-related effects on weather events that could affect the electricity grid. The IIJA (P.L. 117- Congressional Research Service 27 Science and Technology Issues for the 118th Congress 58) provided federal funding for protective features designed to reduce the risk of infrastructure damage from extreme weather events. In addition, Congress may wish to address the federal role in supporting decision making on adaptation and resilience to climate change. This may include increasing public access to scientific research, climate and seasonal projections, impact assessments, and adaptation decision tools. Congress may also review federal efforts to incorporate projections of the effects of to incorporate projections of the effects of
climate change into federal agency management of federal personnel, lands and waters, climate change into federal agency management of federal personnel, lands and waters,
infrastructure, infrastructure, and operations. For Further Information Jonathan Haskett, Analyst in Environmental Policy CRS Report R46989, FEMA Hazard Mitigation: A First Step Toward Climate Adaptation CRS In Focus 12307, Understanding Linked Climate and Weather Hazards and the Challenges to Federal Emergency Management CRS Report R47612, Building Resilience: FEMA's Building Codes Policies and Considerations for Congress ~~and operations. The effectiveness of agency actions to promote adaptation and~~
~~resilience could depend, in part, on the adequacy and appropriate use of scientific information and~~
~~available technologies.~~
~~For Further Information~~
~~Jonathan Haskett, Analyst in Environmental Policy~~
CRS Report R47551, Solar Geoengineering and Climate Change
CRS Report R47215, CRS Report R47215, Hazard-Resilient Buildings: Sustaining Occupancy and Function After a
Natural Disaster
CRS Report R46911, CRS Report R46911, Drought in the United States: Science, Policy, and Selected Federal
Authorities
CRS Report R47286, CRS Report R47286, Flooding: Selected Federal Assistance and Programs to Reduce Risk
CRS In Focus IF12034, CRS In Focus IF12034, Extreme Weather and Lifeline Infrastructure Resilience: Provisions in the
Infrastructure Investment and Jobs Act (IIJA)
CRS In Focus CRS In Focus ~~IF11921,~~ ~~Surface Transportation and Climate Change: Provisions in the~~
~~Infrastructure Investment and Jobs Act (P.L. 117-58)~~
~~CRS In Focus IF11827,~~ ~~Climate Change: Defining Adaptation and Resilience, with Implications~~
~~for Policy~~
CRS In Focus IF12161, Climate Change and Adaptation: Department of DefenseIF11827, Climate Change: Defining Adaptation and Resilience, with Implications for Policy CRS In Focus IF12161, Climate Change and Adaptation: Department of Defense CRS In Focus IF11878, Climate and Security in the Middle East and North Africa
Carbon Capture, Utilization, and Sequestration
Carbon capture, utilization and sequestration (or storage)—known as CCUS—seeks to capture Carbon capture, utilization and sequestration (or storage)—known as CCUS—seeks to capture
CO2 at its source, store it underground, or utilize it for another purpose or product. (CCUS is CO2 at its source, store it underground, or utilize it for another purpose or product. (CCUS is
sometimes referred to as CCS—carbon capture and storage.) sometimes referred to as CCS—carbon capture and storage.) The capturing step is the costliest and most energy-intensive step in the CCUS process. CCUS could reduce the amount of CCUS could reduce the amount of
CO2 CO2 emitted into the atmosphere ~~emitted~~ at large stationary sources. Carbon utilization has recently gained interest as a means at large stationary sources. Carbon utilization has recently gained interest as a means
of converting CO2 into potentially commercially viable products, such as chemicals, fuels, of converting CO2 into potentially commercially viable products, such as chemicals, fuels,
cements, and plastics. Direct air capture, a related emerging technology, cements, and plastics. Direct air capture, a related emerging technology, ~~is intended to remove~~
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~~atmospheric CO2 directly from the atmosphere. Capturing CO2 is the most costly and energy-~~
~~intensive step in the process.~~
removes atmospheric CO2 directly from the atmosphere. Federal law and regulations specify certain requirements for CO2 underground injection wells, Federal law and regulations specify certain requirements for CO2 underground injection wells,
which are regulated by the Environmental Protection Agency or delegated states. Currently in the which are regulated by the Environmental Protection Agency or delegated states. Currently in the
United States, United States, ~~two~~at least four commercial-scale facilities are capturing and injecting CO2 into underground commercial-scale facilities are capturing and injecting CO2 into underground
reservoirs for geologic sequestration. reservoirs for geologic sequestration.
Since FY2010, Congress has provided a total of $ Since FY2010, Congress has provided a total of $~~9.2~~10.5 billion (in constant billion (in constant ~~2022~~2023 dollars) in annual dollars) in annual
appropriations for the DOE research arm conducting most federal CCUS research activity. appropriations for the DOE research arm conducting most federal CCUS research activity.
Congressional Research Service 28 Science and Technology Issues for the 118th Congress Additionally, IIJA (P.L. 117-58) provided supplemental appropriations of $8.5 billion for CCUS Additionally, IIJA (P.L. 117-58) provided supplemental appropriations of $8.5 billion for CCUS
for FY2022-FY2026 and $3.6 billion for direct air capture for the same time period. IRA (P.L. for FY2022-FY2026 and $3.6 billion for direct air capture for the same time period. IRA (P.L.
117-169) increased the “Section 45Q” tax credit for underground carbon sequestration, among 117-169) increased the “Section 45Q” tax credit for underground carbon sequestration, among
other provisions. other provisions.
In recent years, proponents of CCUS and some Members of Congress have called for increased In recent years, proponents of CCUS and some Members of Congress have called for increased
federal support for building out CO2 pipeline and storage infrastructure related to CCUS. Others federal support for building out CO2 pipeline and storage infrastructure related to CCUS. Others
oppose investment in CCUS and prefer to focus climate and energy policy on renewable energy oppose investment in CCUS and prefer to focus climate and energy policy on renewable energy
exclusively. CCUS technology and the federal role in development of the U.S. CCUS industry exclusively. CCUS technology and the federal role in development of the U.S. CCUS industry
may continue to be of interest in the 118th Congress. may continue to be of interest in the 118th Congress.
For Further Information
Angela Jones, Analyst in Environmental Policy Angela Jones, Analyst in Environmental Policy
Ashley Lawson, Ashley Lawson, ~~Analyst~~Specialist in Energy Policy in Energy Policy
CRS Report R44902, CRS Report R44902, Carbon Capture and Sequestration (CCS) in the United States
CRS In Focus IF11501, CRS In Focus IF11501, Carbon Capture Versus Direct Air Capture
CRS Report R46192, CRS Report R46192, Injection and Geologic Sequestration of Carbon Dioxide: Federal Role and
Issues for Congress
CRS In Focus IF11861, CRS In Focus IF11861, DOE’s Carbon Capture and Storage (CCS) and Carbon Removal
Programs
CRS In Focus IF11455, CRS In Focus IF11455, The Section 45Q Tax Credit for Carbon Sequestration
CRS In Focus IF11639, CRS In Focus IF11639, Carbon Storage Requirements in the 45Q Tax Credit
Defense
Research and Development S&T play an important role in national defense. DOD relies on a robust R&D effort to develop S&T play an important role in national defense. DOD relies on a robust R&D effort to develop
new military systems and improve existing systems. Issues that may come before the 118th new military systems and improve existing systems. Issues that may come before the 118th
Congress regarding DOD’s S&T activities include budgetary concerns, the effectiveness of Congress regarding DOD’s S&T activities include budgetary concerns, the effectiveness of
programs to transition R&D results into fielded products, and how DOD encourages innovation. programs to transition R&D results into fielded products, and how DOD encourages innovation.
~~DOD~~Department of Defense (DOD) Research, Development, Test, and Evaluation
DOD spends more than $100 billion per year on research, development, testing, and evaluation DOD spends more than $100 billion per year on research, development, testing, and evaluation
(RDT&E). In FY2022, enacted RDT&E funding was $119.3 billion. Roughly 80%-85% of this is (RDT&E). In FY2022, enacted RDT&E funding was $119.3 billion. Roughly 80%-85% of this is
spent on the design, development, and testing of specific military systems. Examples of such spent on the design, development, and testing of specific military systems. Examples of such
systems include large integrated combat platforms such as aircraft carriers, fighter jets, and tanks, systems include large integrated combat platforms such as aircraft carriers, fighter jets, and tanks,
among others. They also include much smaller systems such as blast gauge sensors worn by among others. They also include much smaller systems such as blast gauge sensors worn by
individual soldiers. The other 15%-20% of the RDT&E funding is spent on what is referred to as individual soldiers. The other 15%-20% of the RDT&E funding is spent on what is referred to as
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DOD’s Science and Technology Program. The Program includes activities ranging from basic DOD’s Science and Technology Program. The Program includes activities ranging from basic
science to demonstrations of new technologies in the field. The goal of DOD’s RDT&E spending science to demonstrations of new technologies in the field. The goal of DOD’s RDT&E spending
is to provide the knowledge and technological advances necessary to maintain U.S. military is to provide the knowledge and technological advances necessary to maintain U.S. military
superiority. superiority.
DOD’s RDT&E budget contains hundreds of individual line items. Congress provides oversight DOD’s RDT&E budget contains hundreds of individual line items. Congress provides oversight
of the program, making adjustments to the amount of funding requested for any number of line of the program, making adjustments to the amount of funding requested for any number of line
Congressional Research Service 29 Science and Technology Issues for the 118th Congress items. These changes are based on considerations such as whether DOD has adequately justified items. These changes are based on considerations such as whether DOD has adequately justified
the expenditure or the need to accommodate larger budgetary adjustments. the expenditure or the need to accommodate larger budgetary adjustments.
RDT&E priorities and focus, including those of the S&T portion, do not change radically from RDT&E priorities and focus, including those of the S&T portion, do not change radically from
year to year, though a few fundamental policy-related issues regularly attract congressional year to year, though a few fundamental policy-related issues regularly attract congressional
attention. These include ensuring that S&T—particularly basic research—receives sufficient attention. These include ensuring that S&T—particularly basic research—receives sufficient
funding to support next-generation capabilities, seeking ways to speed the transition of funding to support next-generation capabilities, seeking ways to speed the transition of
technology from the laboratory to the field, and ensuring an adequate supply of S&T personnel. technology from the laboratory to the field, and ensuring an adequate supply of S&T personnel.
Additionally, the impact of budgetary constraints, including continuing resolutions, on RDT&E Additionally, the impact of budgetary constraints, including continuing resolutions, on RDT&E
may be of interest to the 118th Congress. may be of interest to the 118th Congress.
In addition, as U.S. federal defense-related R&D funding’s share of global R&D funding has In addition, as U.S. federal defense-related R&D funding’s share of global R&D funding has
fallen from about 36% in 1960 to about 3% in 2020, some have become concerned about the fallen from about 36% in 1960 to about 3% in 2020, some have become concerned about the
ability of DOD to direct the development of leading technologies and to control which countries ability of DOD to direct the development of leading technologies and to control which countries
have access to it. Today, commercial companies in the United States and elsewhere in the world have access to it. Today, commercial companies in the United States and elsewhere in the world
are leading development of groundbreaking technologies in fields such as artificial intelligence, are leading development of groundbreaking technologies in fields such as artificial intelligence,
autonomous vehicles and systems, and advanced robotics. DOD has sought to build institutional autonomous vehicles and systems, and advanced robotics. DOD has sought to build institutional
mechanisms (e.g., the Defense Innovation Unit) and a culture for accessing technologies from mechanisms (e.g., the Defense Innovation Unit) and a culture for accessing technologies from
nontraditional defense contractors. DOD’s ability to maintain a technology edge for U.S. forces nontraditional defense contractors. DOD’s ability to maintain a technology edge for U.S. forces
may depend increasingly upon these external sources of innovation for its weapons and other may depend increasingly upon these external sources of innovation for its weapons and other
systems. systems.
For Further Information
Marcy E. Gallo, Analyst in Science and Technology Policy John F. Sargent Jr., Specialist in Science and Technology Policy John F. Sargent Jr., Specialist in Science and Technology Policy
~~Marcy E. Gallo, Analyst in Science and Technology Policy~~Kelley M. Sayler, Specialist in Advanced Technology and Global Security
CRS Report R44711, CRS Report R44711, Department of Defense Research, Development, Test, and Evaluation
(RDT&E): Appropriations Structure
CRS In Focus IF10553, CRS In Focus IF10553, Defense Primer: RDT&E
CRS Report R45403, CRS Report R45403, The Global Research and Development Landscape and Implications for the
Department of Defense
~~Innovation Capacity of DOD~~
CRS In Focus IF11105, Defense Primer: Emerging Technologies CRS Report R46458, Emerging Military Technologies: Background and Issues for Congress DOD Innovation Capacity R&D is a global enterprise, with the private sector driving technology development. Some assert R&D is a global enterprise, with the private sector driving technology development. Some assert
that DOD has been slow to react and adapt to this new reality, raising concerns that the U.S. that DOD has been slow to react and adapt to this new reality, raising concerns that the U.S.
military may be unable to maintain its historical technological advantages. Congress and the military may be unable to maintain its historical technological advantages. Congress and the
executive branch have adopted a number of reforms to address the perceived concerns, including executive branch have adopted a number of reforms to address the perceived concerns, including
the reestablishment of the position of Under Secretary of Defense for Research and Engineering, the reestablishment of the position of Under Secretary of Defense for Research and Engineering,
the expansion of other transaction authority, and the creation of new organizations (e.g., the the expansion of other transaction authority, and the creation of new organizations (e.g., the
Defense Innovation Unit and the Air Force’s AFWERX) and programs (e.g., the Rapid Innovation Defense Innovation Unit and the Air Force’s AFWERX) and programs (e.g., the Rapid Innovation
Program and the Accelerate the Procurement and Fielding of Innovative Technologies pilot Program and the Accelerate the Procurement and Fielding of Innovative Technologies pilot
program). Many of these efforts will likely require sustained management focus and oversight to program). Many of these efforts will likely require sustained management focus and oversight to
ensure that DOD transforms into a more innovative, risk-tolerant R&D organization that delivers ensure that DOD transforms into a more innovative, risk-tolerant R&D organization that delivers
new technologies to the warfighter in a timely and relevant manner. As Congress considers the Congressional Research Service Congressional Research Service

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~~new technologies to the warfighter in a timely and relevant manner. As Congress considers the~~
impact of these reforms and their effectiveness, there are several issues it may wish to examine in impact of these reforms and their effectiveness, there are several issues it may wish to examine in
the 118th Congress, such as the 118th Congress, such as
• The adequacy of DOD’s investments in research, development, test, and • The adequacy of DOD’s investments in research, development, test, and
evaluation programs; evaluation programs;
• The sufficiency of DOD’s strategic planning as it relates to the development and • The sufficiency of DOD’s strategic planning as it relates to the development and
deployment of technologies deemed critical for national security, in particular deployment of technologies deemed critical for national security, in particular
emerging technologies; emerging technologies;
• DOD’s ability to attract and retain scientific and technical talent; • DOD’s ability to attract and retain scientific and technical talent;
• How to measure the rate and extent of cultural change in innovation practices • How to measure the rate and extent of cultural change in innovation practices
within DOD; within DOD;
• The effectiveness of DOD’s collaborations and cooperation with other federal • The effectiveness of DOD’s collaborations and cooperation with other federal
agencies and allied nations in the development and implementation of agencies and allied nations in the development and implementation of
technologies deemed critical for national security, in particular emerging technologies deemed critical for national security, in particular emerging
technologies; technologies;
• The degree to which DOD is incorporating nontraditional contractors and small • The degree to which DOD is incorporating nontraditional contractors and small
businesses into the defense industrial base; and businesses into the defense industrial base; and
• How Congress can effectively balance its oversight responsibilities and the desire • How Congress can effectively balance its oversight responsibilities and the desire
for transparency and accountability with the need for DOD to respond flexibly for transparency and accountability with the need for DOD to respond flexibly
and nimbly to emergent opportunities. and nimbly to emergent opportunities.
For Further Information
Marcy E. Gallo, Analyst in Science and Technology Policy Marcy E. Gallo, Analyst in Science and Technology Policy
John F. Sargent Jr., Specialist in Science and Technology Policy John F. Sargent Jr., Specialist in Science and Technology Policy
Kelley M. Sayler, Specialist in Advanced Technology and Global Security CRS Report R45403, CRS Report R45403, The Global Research and Development Landscape and Implications for the
Department of Defense
CRS Report R45088, CRS Report R45088, Defense Advanced Research Projects Agency: Overview and Issues for
Congress
CRS In Focus IF10834, CRS In Focus IF10834, Defense Primer: Under Secretary of Defense for Research and
Engineering
Energy
~~Energy-related S&T issues~~, Minerals, and Mining S&T issues related to energy, minerals and mining that may come before the 118th Congress include biofuels, that may come before the 118th Congress include biofuels, electricity transmission, offshore offshore
energy technologies, energy technologies, ~~and~~hydrogen, hydrogen hydrogen ~~pipelines.~~
pipelines, critical minerals and materials, and seabed mining. Biofuels
Biofuels—transportation fuels produced from biomass—are an alternative to conventional fuels. Biofuels—transportation fuels produced from biomass—are an alternative to conventional fuels.
Some see promise in producing fuels from a domestic feedstock that may reduce dependence on Some see promise in producing fuels from a domestic feedstock that may reduce dependence on
foreign energy sources, improve rural economies, and lower GHG emissions. Others regard foreign energy sources, improve rural economies, and lower GHG emissions. Others regard
biofuels as potentially more harmful to the environment (e.g., air and water quality concerns), biofuels as potentially more harmful to the environment (e.g., air and water quality concerns),
more land-intensive, and prohibitively expensive to produce. The debate about biofuels is more land-intensive, and prohibitively expensive to produce. The debate about biofuels is
complex, as policymakers consider numerous factors (e.g., feedstock complex, as policymakers consider numerous factors (e.g., feedstock ~~costs, the potential for~~
~~certain advanced biofuels, environmental impact of biofuels). The debate can be even more~~cost and supply,
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environmental impact of biofuels). The debate can be even more complicated because biofuels may be produced using numerous biomass feedstocks and complicated because biofuels may be produced using numerous biomass feedstocks and
conversion technologies. conversion technologies.
Congress has supported biofuels for decades, with most of its attention on “first-generation” Congress has supported biofuels for decades, with most of its attention on “first-generation”
biofuels (e.g., cornstarch ethanol). Starting in 2002, the farm bills have contained an energy title biofuels (e.g., cornstarch ethanol). Starting in 2002, the farm bills have contained an energy title
with several programs to assist biofuel production and R&D. In addition, the DOE Office of with several programs to assist biofuel production and R&D. In addition, the DOE Office of
Energy Efficiency and Renewable Energy supports domestic biofuel production R&D. Congress Energy Efficiency and Renewable Energy supports domestic biofuel production R&D. Congress
has also established tax incentives for biofuelshas also established tax incentives for biofuels ~~(e.g., the biodiesel credit). While commercial-scale~~
~~production of first-generation biofuels is well established, commercial-scale production for some~~
~~advanced biofuels (e.g., cellulosic ethanol) has yet to materialize for various reasons.~~
, including the sustainable aviation fuel credit and the biodiesel credit. In 2007, Congress expanded the main policy support for biofuel production—the Renewable Fuel In 2007, Congress expanded the main policy support for biofuel production—the Renewable Fuel
Standard (RFS), which requires U.S. transportation fuel to contain minimum volumes of different Standard (RFS), which requires U.S. transportation fuel to contain minimum volumes of different
classes of biofuels. The RFS classes of biofuels. The RFS began a new phase in 2023 with the EPA Administrator determining the volume requirements in a multi-year rulemaking for 2023-2025. The RFS is under scrutiny for various reasons, including concerns about is under scrutiny for various reasons, including concerns about
~~program implementation, advanced biofuel pathway approval, and RFS compliance. These~~
~~concerns, among others, create uncertainty for some stakeholders.~~
EPA’s lifecycle greenhouse gas emissions modeling and advanced biofuel pathway approval. The 118th Congress may wish to consider whether to modify The 118th Congress may wish to consider whether to modify ~~various~~ existing biofuel policies, existing biofuel policies,
establish new biofuel initiatives, or maintain the status quo. Other topics of potential establish new biofuel initiatives, or maintain the status quo. Other topics of potential
congressional interest include the development of a federal low-carbon fuel standard in lieu of or congressional interest include the development of a federal low-carbon fuel standard in lieu of or
complementing the complementing the ~~RFS~~RFS, and R&D and R&D ~~into~~and commercial production of sustainable fuels for aviation, shipping, and other sustainable fuels for aviation, shipping, and other
applications. applications.
For Further Information
Kelsi Bracmort, Specialist in Natural Resources and Energy Policy Kelsi Bracmort, Specialist in Natural Resources and Energy Policy
CRS Report R43325, CRS Report R43325, The Renewable Fuel Standard (RFS): An Overview
CRS Report R45943, CRS Report R45943, The Farm Bill Energy Title: An Overview and Funding History
CRS Report R46835, CRS Report R46835, A Low Carbon Fuel Standard: In Brief
CRS Report R47171, CRS Report R47171, Sustainable Aviation Fuel (SAF): In Brief
Electricity Transmission The U.S. electricity transmission system (i.e., the grid) is of central importance to maintaining reliable electricity supply across the country. The grid faces several challenges that could limit its ability to deliver reliable and affordable electricity moving forward. Many transmission facilities are at or near the end of their design lifetimes. Cyberattacks and physical attacks against the grid appear to be on the rise. Extreme weather events can damage the grid or disrupt power flows through it. Much of the transmission system is not optimally built to access wind and solar energy which are becoming a larger share of the national electricity supply. Many of these challenges can be addressed by constructing new transmission facilities or deploying new, innovative grid technologies (or a combination of both). Choices about what kind of transmission infrastructure to build—and where to build it—are primarily made by utility companies with the approval of state and local regulators. Regulators are often balancing an interest in addressing transmission challenges with concerns about raising costs for consumers, because the costs of new transmission infrastructure are primarily borne by electricity customers. The federal government does have a role in some aspects of the grid. Mandatory reliability standards, including cybersecurity and physical security protections, apply to most components of the transmission system. Financial incentives for deploying innovative grid technologies are available in those parts of the system under the jurisdiction of the Federal Energy Regulatory Congressional Research Service 32 Science and Technology Issues for the 118th Congress Commission (FERC). FERC regulations also cover some aspects of planning new transmission facilities. The Infrastructure Investment and Jobs Act (P.L. 117-58) and the Inflation Reduction Act (P.L. 117-169) established several programs at the Department of Energy (DOE) to support electricity transmission development and modernization. Most of these are administered through DOE’s Grid Deployment Office. For Further Information Ashley Lawson, Specialist in Energy Policy CRS In Focus IF12253, Introduction to Electricity Transmission CRS Report R47862, Electricity Transmission: What Is the Role of the Federal Government? CRS Insight IN12074, Electric Grid Physical Security: Recent Developments CRS Insight IN11981, Electricity Transmission Provisions in the Inflation Reduction Act of 2022 Offshore Energy Technologies
Technological innovations are key drivers of U.S. ocean energy development. They may facilitate Technological innovations are key drivers of U.S. ocean energy development. They may facilitate
exploration of previously inaccessible resources, provide cost efficiencies, address safety and exploration of previously inaccessible resources, provide cost efficiencies, address safety and
environmental concerns, and enable advances in emerging sectors such as U.S. offshore environmental concerns, and enable advances in emerging sectors such as U.S. offshore
renewable energy. Private industry, universities, and government are all involved in ocean energy renewable energy. Private industry, universities, and government are all involved in ocean energy
R&D. At the federal level, both DOE and the Department of the Interior support ocean energy R&D. At the federal level, both DOE and the Department of the Interior support ocean energy
research. research.
With respect to U.S. offshore oil and gas, developers and federal regulators have focused on With respect to U.S. offshore oil and gas, developers and federal regulators have focused on
exploration of deepwater areas of the Gulf of Mexico. Industry interest in expanding deepwater exploration of deepwater areas of the Gulf of Mexico. Industry interest in expanding deepwater
activities has prompted improvements in drilling technologies and steps toward automated activities has prompted improvements in drilling technologies and steps toward automated
monitoring and maintenance. Government and industry seek to address concerns about safety, monitoring and maintenance. Government and industry seek to address concerns about safety,
resilience, and security, including cybersecurity. Also of interest are technologies for resilience, and security, including cybersecurity. Also of interest are technologies for
decommissioning offshore oil and gas infrastructure as wells reach the end of their producing decommissioning offshore oil and gas infrastructure as wells reach the end of their producing
lifetimes. This could potentially include repurposing of assets for hydrogen transportation or lifetimes. This could potentially include repurposing of assets for hydrogen transportation or
CCUS, among other uses. Some companies operating in the Alaskan Arctic are pursuing CCUS, among other uses. Some companies operating in the Alaskan Arctic are pursuing
technologies (such as ice-resistant drilling units) to extend the drilling season beyond the periods technologies (such as ice-resistant drilling units) to extend the drilling season beyond the periods
where sea ice is absent and are pursuing improvements to oil spill response capability in Arctic where sea ice is absent and are pursuing improvements to oil spill response capability in Arctic
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conditions. DOE and the Department of the Interior undertake and fund Arctic energy R&D, conditions. DOE and the Department of the Interior undertake and fund Arctic energy R&D,
including through DOE’s Arctic Energy Office. including through DOE’s Arctic Energy Office.
Among renewable ocean energy sources, only wind energy is poised for commercial application Among renewable ocean energy sources, only wind energy is poised for commercial application
in U.S. waters. In March 2021, the Biden Administration announced a national goal to deploy 30 in U.S. waters. In March 2021, the Biden Administration announced a national goal to deploy 30
gigawatts of offshore wind by 2030. In addition to identified resources in the Atlantic region, gigawatts of offshore wind by 2030. In addition to identified resources in the Atlantic region,
wind energy has potential in the Great Lakes, offshore of the West Coast and Alaska, and offshore wind energy has potential in the Great Lakes, offshore of the West Coast and Alaska, and offshore
of the Gulf Coast. Identified priorities for offshore wind R&D include (1) technology of the Gulf Coast. Identified priorities for offshore wind R&D include (1) technology
advancement of the offshore wind plant; (2) improvements of resource and physical site advancement of the offshore wind plant; (2) improvements of resource and physical site
characterization; and (3) technology improvements in installation, operations and maintenance, characterization; and (3) technology improvements in installation, operations and maintenance,
and supply chain issues for the U.S. market. For offshore wind plant technology advancement, the and supply chain issues for the U.S. market. For offshore wind plant technology advancement, the
Biden Administration announced in September 2022 a Floating Offshore Wind Shot with a goal Biden Administration announced in September 2022 a Floating Offshore Wind Shot with a goal
of reducing the costs of floating technologies by more than 70% by 2035. IRA (P.L. 117-169) of reducing the costs of floating technologies by more than 70% by 2035. IRA (P.L. 117-169)
appropriates $100 million for convening stakeholders and conducting analysis related to appropriates $100 million for convening stakeholders and conducting analysis related to
development of interregional transmission and transmission for offshore wind energy. The 118th development of interregional transmission and transmission for offshore wind energy. The 118th
Congress may wish to consider whether and how to support or incentivize development of Congress may wish to consider whether and how to support or incentivize development of
offshore wind and other ocean renewables. offshore wind and other ocean renewables.
Congressional Research Service 33 Science and Technology Issues for the 118th Congress For Further Information
Laura B. Comay, Specialist in Natural Resources Policy Laura B. Comay, Specialist in Natural Resources Policy
Corrie E. Clark, Specialist in Energy Policy Corrie E. Clark, Specialist in Energy Policy
CRS Insight IN11980, CRS Insight IN11980, Offshore Wind Provisions in the Inflation Reduction Act
Hydrogen A future “hydrogen economy” using hydrogen as an energy carrier and fuel could offer an alternative to today’s economy with its prevalent combustion of fossil fuels. Initially thought of as a new technology for personal mobility services (e.g., cars) and high-value applications such as provision of electric power during space flight, hydrogen now is receiving attention for industrial processes, heavy vehicles, forklifts, portable power, and buffering and balancing of electric power. Except for its use as an established industrial chemical (e.g., petroleum refining), the scope and scale of hydrogen for energy applications is limited to demonstration scale or early deployment activities. The Infrastructure Investment and Jobs Act (IIJA, P.L. 117-58 ) authorized and funded the Regional Clean Hydrogen Hubs—envisaged networks of hydrogen producers, consumers and infrastructure in a common geography. The Department of Energy (DOE) announced seven finalists for $7 billion in grants for Regional Clean Hydrogen Hubs in October 2023. DOE announced a further $1 billion for a Demand-side Support Initiative on July 5, 2023. The 117th Congress incentivized hydrogen production that meets certain criteria. P.L. 117-169, known as the Inflation Reduction Act of 2022, created a new tax credit for the production of clean hydrogen. The amount of the hydrogen production tax credit (Internal Revenue Code Section 45V) can be up to $3 per kilogram hydrogen, provided greenhouse gas emissions limits and wage and apprenticeship requirements are met. The Treasury Department and Internal Revenue Service (IRS) published a notice of proposed rulemaking on the implementation of the 45V tax credit on December 26, 2023. Congress may consider the coordination and simplification of hydrogen and fuel cell programs across DOE offices, permitting reform and safety. There are questions surrounding the implementation and oversight of the 45V credit, including how to determine if the energy inputs used to manufacture the hydrogen will be counted as “clean”; how to balance concerns about GHG emissions from electricity generation against the goal of accelerating the development of hydrogen fuel and technology, and whether the uptake of the production tax credits will be sufficient to support the development of Regional Clean Hydrogen Hubs. For Further Information Martin Offutt, Analyst in Energy Policy Lexie Ryan, Analyst in Energy Policy Paul W. Parfomak, Specialist in Energy and Infrastructure Policy CRS Report R47487, The Hydrogen Economy: Putting the Pieces Together CRS Report R47289, Hydrogen Hubs and Demonstrating the Hydrogen Energy Value Chain CRS In Focus IF12514, DOE Appropriations for Hydrogen and Fuel Cell Activities: FY2024 CRS Video WVB00579, Science and Technology Q&A: The Outlook for Hydrogen Fuel CRS Video WVB00607, The Hydrogen Economy Congressional Research Service 34 Science and Technology Issues for the 118th Congress CRS Report R41153, Changes in the Arctic: Background and Issues for Congress
Hydrogen Pipelines
IIJA (§40315, P.L. 117-58) authorized an $8 billion program of Regional Clean Hydrogen Hubs, IIJA (§40315, P.L. 117-58) authorized an $8 billion program of Regional Clean Hydrogen Hubs,
which would be centers of activity involving hydrogen production, delivery, and end use. which would be centers of activity involving hydrogen production, delivery, and end use.
Supplying hydrogen from sources such as regional hubs to power plants, industrial facilities, and Supplying hydrogen from sources such as regional hubs to power plants, industrial facilities, and
vehicular fuel distribution centers could require the development of an expansive hydrogen vehicular fuel distribution centers could require the development of an expansive hydrogen
pipeline network. Shipping hydrogen by pipeline in the United States is not new, but the existing pipeline network. Shipping hydrogen by pipeline in the United States is not new, but the existing
pipeline network is small and located almost entirely along the Gulf Coast. The pipeline network pipeline network is small and located almost entirely along the Gulf Coast. The pipeline network
required to support a hydrogen-based U.S. energy strategy would be much larger. Establishing required to support a hydrogen-based U.S. energy strategy would be much larger. Establishing
such a network could pose technical challenges due to the chemical characteristics of hydrogen. such a network could pose technical challenges due to the chemical characteristics of hydrogen.
Hydrogen molecules are the smallest of all molecules and, therefore, are more prone than Hydrogen molecules are the smallest of all molecules and, therefore, are more prone than
methane (the principal component of natural gas) to leak through joints, microscopic cracks, and methane (the principal component of natural gas) to leak through joints, microscopic cracks, and
seals in pipelines and associated infrastructure. Hydrogen can also permeate directly through seals in pipelines and associated infrastructure. Hydrogen can also permeate directly through
polymer (plastic) materials, such as those typically used to make natural gas distribution pipes. polymer (plastic) materials, such as those typically used to make natural gas distribution pipes.
The presence of hydrogen can deteriorate steel pipe, pipe welds, valves, and fittings through a The presence of hydrogen can deteriorate steel pipe, pipe welds, valves, and fittings through a
variety of mechanisms, particularly embrittlement. Pipeline companies may use specialty steels or variety of mechanisms, particularly embrittlement. Pipeline companies may use specialty steels or
may modify their infrastructure and put other measures in place to manage embrittlement risks. may modify their infrastructure and put other measures in place to manage embrittlement risks.
Nonetheless, the potential for hydrogen embrittlement is a key safety consideration. Nonetheless, the potential for hydrogen embrittlement is a key safety consideration.
Some in Congress have called for federal initiatives to advance hydrogen pipeline-related Some in Congress have called for federal initiatives to advance hydrogen pipeline-related
research and development. For example, the chairman of the Senate Energy and Natural research and development. For example, the chairman of the Senate Energy and Natural
Resources Committee stated at a 2022 committee hearing Resources Committee stated at a 2022 committee hearing
We will certainly need to build some new infrastructure dedicated solely to transporting We will certainly need to build some new infrastructure dedicated solely to transporting
and storing hydrogen. There is also potential to adapt our country’s extensive natural gas and storing hydrogen. There is also potential to adapt our country’s extensive natural gas
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delivery network in the near-term to support a blend of hydrogen and natural gas.... More delivery network in the near-term to support a blend of hydrogen and natural gas.... More
work is needed to look at the safety and feasibility of these modifications. work is needed to look at the safety and feasibility of these modifications.
In the 117th Congress, the Senate Committee on Appropriations (H.Rept. 117-394) encouraged DOE to include hydrogen pipeline-related research and development in its plans for transitioning segments of the economy to low-carbon fuels. The IIJA directs the Secretary of Energy to advance the safe and efficient delivery of hydrogen or IIJA directs the Secretary of Energy to advance the safe and efficient delivery of hydrogen or
hydrogen-carrier fuels in pipelines, including by retrofitting existing natural gas pipelines hydrogen-carrier fuels in pipelines, including by retrofitting existing natural gas pipelines
(§40313). Other legislative proposals, such as H.R. (§40313). Other legislative proposals, such as H.R. ~~9000 and~~6494, H.R. H.R. ~~9018 in the 117th~~ 6510, and S. 649 in the 118th Congress, Congress,
~~would have mandated studies to synthesize research results involving hydrogen pipeline materials~~
~~and to determine outstanding research questions for hydrogen pipelines. The Senate Committee~~
~~on Appropriations (H.Rept. 117-394) has encouraged DOE to include hydrogen pipeline-related~~
~~research and development in its plans for transitioning segments of the economy to low-carbon~~
~~fuels.~~
would mandate studies to examine technical challenges with repurposing existing natural gas infrastructure to carry pure hydrogen or hydrogen blends; to synthesize the results from research, development, and demonstration projects on materials and metallurgy for transporting hydrogen and hydrogen blends; and to determine outstanding research questions regarding the transport of hydrogen and hydrogen blends. Executive agencies, such as the Department of Transportation Executive agencies, such as the Department of Transportation’'s Pipeline and Hazardous Materials s Pipeline and Hazardous Materials
Safety Administration, Safety Administration, ~~may~~currently fund hydrogen pipeline research under existing research grant fund hydrogen pipeline research under existing research grant
programs and may examine hydrogen pipeline technical issues through advisory committees and programs and may examine hydrogen pipeline technical issues through advisory committees and
industry partnerships. Such activities may advance hydrogen pipeline design, operations, or safety industry partnerships. Such activities may advance hydrogen pipeline design, operations, or safety
research and the development of standards, which could be incorporated into industry practices or research and the development of standards, which could be incorporated into industry practices or
federal pipeline regulations. federal pipeline regulations.
For Further Information
Paul W. Parfomak, Specialist in Energy and Infrastructure Policy Paul W. Parfomak, Specialist in Energy and Infrastructure Policy
CRS CRS Report R44201, DOT’s Federal Pipeline Safety Program: Background and Issues for Congress Congressional Research Service 35 Science and Technology Issues for the 118th Congress CRS Report R46700, Report R46700, Pipeline Transportation of Hydrogen: Regulation, Research, and Policy
CRS Report R47289, CRS Report R47289, Hydrogen Hubs and Demonstrating the Hydrogen Energy Value Chain
Fusion Energy
The federal government has supported fusion energy R&D for decades. In recent years, The federal government has supported fusion energy R&D for decades. In recent years,
congressional interest in fusion has grown in response to scientific progress by fusion researchers, congressional interest in fusion has grown in response to scientific progress by fusion researchers,
the emergence of a growing commercial fusion industry, and hope that future fusion power plants the emergence of a growing commercial fusion industry, and hope that future fusion power plants
can contribute to the nation’s electricity needs without emitting carbon dioxide—a greenhouse can contribute to the nation’s electricity needs without emitting carbon dioxide—a greenhouse
gas that contributes to climate change. gas that contributes to climate change.
A fusion power plant would have a number of potential advantages. Unlike today’s fission-based A fusion power plant would have a number of potential advantages. Unlike today’s fission-based
nuclear reactors, fusion does not require uranium or plutonium, whose use has raised concerns nuclear reactors, fusion does not require uranium or plutonium, whose use has raised concerns
about nuclear weapon proliferation and uranium imports from countries such as Russia. Fusion about nuclear weapon proliferation and uranium imports from countries such as Russia. Fusion
reactors also pose no meltdown risk and create little radioactive waste. Unlike power plants based reactors also pose no meltdown risk and create little radioactive waste. Unlike power plants based
on the combustion of fossil fuels, the operation of a fusion reactor would not directly emit carbon on the combustion of fossil fuels, the operation of a fusion reactor would not directly emit carbon
dioxide. On the other hand, developing operational fusion energy systems remains technically dioxide. On the other hand, developing operational fusion energy systems remains technically
challenging. challenging.
Most federally funded fusion energy R&D is supported by the Fusion Energy Sciences program Most federally funded fusion energy R&D is supported by the Fusion Energy Sciences program
of the DOE Office of Science. The program focuses on basic research, though in recent years it of the DOE Office of Science. The program focuses on basic research, though in recent years it
has funded applied research, commercialization, and public-private partnerships. A priority for the has funded applied research, commercialization, and public-private partnerships. A priority for the
program is ITER (initially the International Thermonuclear Experimental Reactor, program is ITER (initially the International Thermonuclear Experimental Reactor, iter also meansalso means
“the way” in Latin), a fusion energy research and demonstration facility currently under “the way” in Latin), a fusion energy research and demonstration facility currently under
construction in France. ITER is an international collaboration involving the United States, China, construction in France. ITER is an international collaboration involving the United States, China,
the European intergovernmental organization Euratom, India, Japan, South Korea, and Russia. It the European intergovernmental organization Euratom, India, Japan, South Korea, and Russia. It
has a history of budget and schedule challenges. The total estimated U.S. share of the project’s has a history of budget and schedule challenges. The total estimated U.S. share of the project’s
cost is $6.5 billion, and full operations are due to start in 2035. DOE plans to confirm a revised cost is $6.5 billion, and full operations are due to start in 2035. DOE plans to confirm a revised
cost and schedule baseline during the 118th Congress. The DOE Advanced Research Projects cost and schedule baseline during the 118th Congress. The DOE Advanced Research Projects
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Agency–Energy (ARPA-E) also supports some fusion energy projects, along with other projects Agency–Energy (ARPA-E) also supports some fusion energy projects, along with other projects
across the full range of energy technologies. across the full range of energy technologies.
In the DOE National Nuclear Security Administration, the Inertial Confinement Fusion program In the DOE National Nuclear Security Administration, the Inertial Confinement Fusion program
seeks to use fusion science to improve stewardship of the U.S. nuclear weapons stockpile. The seeks to use fusion science to improve stewardship of the U.S. nuclear weapons stockpile. The
program includes the National Ignition Facility (NIF), which demonstrated fusion ignition in program includes the National Ignition Facility (NIF), which demonstrated fusion ignition in
December 2022. (Ignition occurs when a fusion reaction releases more energy than was December 2022. (Ignition occurs when a fusion reaction releases more energy than was
consumed to initiate and maintain the reaction.) The demonstration of ignition at the NIF consumed to initiate and maintain the reaction.) The demonstration of ignition at the NIF
increased interest in using related designs for fusion energy applications. increased interest in using related designs for fusion energy applications.
A new development in recent years is the emergence of a commercial fusion energy industry, A new development in recent years is the emergence of a commercial fusion energy industry,
involving several dozen companies and announced private investment approaching $5 billion. involving several dozen companies and announced private investment approaching $5 billion.
The approaches taken by the commercial fusion sector often use design strategies traditionally The approaches taken by the commercial fusion sector often use design strategies traditionally
seen as alternative. Most companies are targeting delivery of electricity to the grid by the mid-seen as alternative. Most companies are targeting delivery of electricity to the grid by the mid-
2030s. Some observers consider that an ambitious goal. 2030s. Some observers consider that an ambitious goal.
In April 2023, after considering various options for the regulation of future commercial fusion In April 2023, after considering various options for the regulation of future commercial fusion
energy systems, the Nuclear Regulatory Commission voted to use the “byproduct material” energy systems, the Nuclear Regulatory Commission voted to use the “byproduct material”
framework (10 C.F.R. Part 30). That approach would address any radioactive material present in a framework (10 C.F.R. Part 30). That approach would address any radioactive material present in a
fusion facility but not the detailed operation of the facility. The commercial fusion industry fusion facility but not the detailed operation of the facility. The commercial fusion industry
generally considered this the least burdensome of the options under consideration. generally considered this the least burdensome of the options under consideration.
Congress has taken several legislative actions regarding fusion energy in recent years, such as Congress has taken several legislative actions regarding fusion energy in recent years, such as
defining the term defining the term advanced nuclear reactor to include fusion reactors, which made fusion R&D to include fusion reactors, which made fusion R&D
Congressional Research Service 36 Science and Technology Issues for the 118th Congress potentially eligible for various DOE nuclear energy programs previously limited to fission; potentially eligible for various DOE nuclear energy programs previously limited to fission;
directing the Fusion Energy Sciences program to place more emphasis on commercialization and directing the Fusion Energy Sciences program to place more emphasis on commercialization and
public-private partnerships and to support the design of a pilot plant that will bring fusion to public-private partnerships and to support the design of a pilot plant that will bring fusion to
commercial viability; and providing supplemental appropriations for fusion-related construction commercial viability; and providing supplemental appropriations for fusion-related construction
and equipment. Efforts in the 118th Congress may include oversight of DOE’s implementation of and equipment. Efforts in the 118th Congress may include oversight of DOE’s implementation of
these actions, oversight of budget and schedule issues with ITER, and appropriations decisions these actions, oversight of budget and schedule issues with ITER, and appropriations decisions
about funding for fusion R&D. about funding for fusion R&D.
For Further Information
Daniel Morgan, Specialist in Science and Technology Policy Daniel Morgan, Specialist in Science and Technology Policy
CRS In Focus IF12411, CRS In Focus IF12411, Fusion Energy
~~Earth and Environmental Sciences~~
~~Earth and environmental science-related issues that may come before the 118th Congress include~~
~~the National Spatial Data Infrastructure system, the ShakeAlert earthquake early warning system,~~
~~and emerging environmental issues associated with seabed mining of critical minerals to support~~
~~the U.S. transition to clean energy technologies.~~
~~National Spatial Data Infrastructure~~
~~The National Spatial Data Infrastructure (NSDI) facilitates data development, information~~
~~sharing, and collaborative decisionmaking across multiple sectors as called for in the FAA~~
~~Reauthorization Act of 2018 (Subtitle F, Geospatial Data of Title VII, Flight R&D Act, P.L. 115-~~
~~254). The GeoPlatform, a key element of NSDI, provides access to geospatial data from federal~~
~~government resources and web-based geospatial services. Geospatial data include land cover~~
~~resources (e.g., rocks, minerals, soils, vegetation, and water), topography, and the built~~
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~~link to page 51~~ ~~Science and Technology Issues for the 118th Congress~~

~~environment above and below ground (e.g., buildings and related structures, as well as water,~~
~~energy, transportation, and communications infrastructure) among many other datasets.~~
~~Geospatial data come from various federal resources, including the Landsat series of satellites,~~
~~other NASA and National Oceanic and Atmospheric Administration (NOAA) earth-observing~~
~~satellites, lidar and other instruments on aircraft (including the newer use of uncrewed aircraft~~
~~systems, commonly called drones), and other ground-based observations. GeoPlatform provides~~
~~open access to more than 100,000 datasets, cloud computing, and ArcGIS toolsets. The Federal~~
~~Geographic Data Committee oversees the policy, planning, development, and implementation of~~
~~the NSDI.~~
~~The 118th Congress may be interested in a number of S&T advances that facilitate NSDI—for~~
~~example, Earth-observing satellites designed and operated by federal agencies (e.g., Landsat 9,~~
~~see “Civil Earth-Observing Satellites”) and cloud computing and geographic information system~~
~~software developed and maintained by the private sector. Congress may also be interested in how~~
~~any parallel S&T advances may improve and expand GeoPlatform to meet its primary objective~~
~~of findable, accessible, interoperable, and reusable data for resource and land management,~~
~~hazards assessment, and many other purposes. In addition, Congress may be interested in~~
~~oversight of interagency collaborations and public-private partnerships to facilitate NSDI.~~
~~For Further Information~~
~~Linda R. Rowan, Analyst in Natural Resources and Earth Sciences Policy~~
~~Eva Lipiec, Analyst in Natural Resources Policy~~
~~Anna Normand, Analyst in Natural Resources Policy~~
CRS Report R46560, Landsat 9 and the Future of the Sustainable Land Imaging Program
~~The ShakeAlert Earthquake Early Warning System on the~~
~~West Coast~~
~~Portions of all 50 states, as well as U.S. territories and the District of Columbia, are vulnerable to~~
~~earthquake hazards and associated risks to varying degrees. People and automated systems~~
~~receive an earthquake early warning (EEW)~~Critical Minerals and Materials The Energy Act of 2020 (Division Z of P.L. 116-260) amended national minerals and materials policy and directed various federal agencies to engage in research and development, analysis and forecast, education and workforce development, and other activities to ensure critical minerals and materials supply to meet demand. The Infrastructure Investment and Jobs Act (IIJA, P.L. 117-58) amended or added directives and provided some supplemental appropriations for federal agencies to advance critical minerals and materials initiatives. Additional laws, including P.L. 117-167 (commonly known as the CHIPS and Science Act) and P.L. P.L. 117-169 (commonly known as the Inflation Reduction Act of 2022) included provisions that may increase demand for these critical minerals and materials. Critical minerals are essential for the U.S. economy and national security, and are susceptible to vulnerable supply chains. The USGS published a 2022 Critical Minerals List of 50 minerals that were deemed critical based on past production and consumption, and began prioritizing research and assessment of potential domestic critical mineral resources. The USGS Earth Mapping Resources Initiative (EarthMRI) established and funded by IIJA is working to complete a national assessment of critical mineral resources by 2031. The U.S. Department of Energy (DOE) published a 2023 Critical Materials List that forecast which materials would be critical for energy technologies in the medium term (2025-2035). DOE categorized and considered these energy technologies in developing the DOE list: vehicles, stationary storage, hydrogen electrolyzers, solar energy, wind energy, nuclear energy, electric grid, solid state lighting, and microchips. DOE is working on critical material initiatives across the agency that focus on research and development, as well as domestic production of these materials. Congress may consider whether critical minerals and materials policy and initiatives by federal agencies are sufficient to ensure sustainable supply chains in the future. Legislation introduced in the first session of the 118th Congress would amend policy, programs, and appropriations for critical minerals and materials initiatives. For Further Information Linda R. Rowan, Analyst in Natural Resources and Earth Sciences Policy Emma E. Kaboli, Analyst in Energy and Minerals Policy CRS Report R47034, Energy and Minerals Provisions in the Infrastructure Investment and Jobs Act (P.L. 117-58) Congressional Research Service 37 Science and Technology Issues for the 118th Congress CRS In Focus IF12358, The U.S. Geological Survey (USGS): Background and FY2024 Appropriations CRS Report R47124, 2022 Invocation of the Defense Production Act for Large-Capacity Batteries: In Brief CRS In Focus IF11284, U.S.-China Trade Relations CRS In Focus IF12517, U.S.-Japan Critical Minerals Agreement CRS Insight IN12145, Critical Minerals: A U.S.-EU Free Trade Agreement? Seabed Mining The transition to low emissions technologies has been driving U.S. interest in securing a domestic supply of critical minerals. Some scientists estimate that certain critical minerals, such as cobalt and manganese, are more abundant in seafloor deposits than in land deposits. Most global interest in deep-seabed mining in areas beyond national jurisdiction is focused primarily on a 4.5 million-square-kilometer area of the Pacific seafloor located between Hawaii and Mexico. This area of the Pacific is rich in polymetallic nodules, which contain nickel, manganese, copper, zinc, cobalt, and other minerals. Private industry and governments have been exploring areas of the ocean for the purposes of seabed mining. Although not directly related to seabed mining activities, the United States National Ocean Mapping, Exploration, and Characterization (NOMEC) Strategy aims to map and better understand the terrain beneath certain ocean and coastal areas by 2030 and 2040, respectively. As of January 2023, 50% of U.S. ocean and coastal areas are mapped. These U.S. ocean mapping efforts may support the exploration and characterization of the seafloor for seabed minerals. The emergence of the seabed mining industry raises questions about the potential impacts seabed mining may have on deep-sea ecosystems. Government, industry, and universities are all involved in studying the potential environmental impacts of seabed mining activities. In 1980, Congress directed NOAA to assess the effects on the deep-sea environment from seabed mineral exploration and commercial recovery activities. For more than two decades, U.S. agencies have studied the recovery of deep-sea benthic organisms (i.e., those living on or in the seafloor sediment) from sediment disturbance as a means of assessing the potential impacts of seabed mining activities. These studies focused primarily on the potential ecosystem impacts of collecting and removing polymetallic nodules from the seafloor. The 118th Congress may continue to consider whether additional authorities or funding may be useful in better understanding potential marine ecosystem impacts from future deep-seabed mining in domestic or international waters. In the 118th Congress, some Members proposed a moratorium on seabed mining in U.S. waters, or by U.S. companies in international waters, until its potential impacts on the marine ecosystem are fully understood and an international regulatory regime is in place. U.S. ocean mapping campaigns may provide a baseline for understanding whether—and to what degree—deep-sea life is vulnerable or resilient to human disturbance (e.g., seabed mining). Efforts in the 118th Congress may also include oversight of the rate at which federal agencies are mapping, exploring, and characterizing certain areas of the U.S. seafloor and how these mapping efforts may contribute to the identification of mineral resources that would serve U.S. national security interests. For Further Information Caitlin Keating-Bitonti, Analyst in Natural Resources Policy Congressional Research Service 38 Science and Technology Issues for the 118th Congress CRS Report R47324, Seabed Mining in Areas Beyond National Jurisdiction: Issues for Congress CRS Report R47623, Frequently Asked Questions: Mapping of U.S. Ocean and Coastal Waters Earth Sciences Earth-science related issues that may come before the 118th Congress include reauthorization of the National Earthquake Hazards Reduction Program; changes to the National Oceanic and Atmospheric Administration’s research and development activities; and improvements to weather observations, modeling, and forecasting. The National Earthquake Hazards Risk Reduction Program According to the 2023 USGS National Seismic Hazard Model (NSHM), nearly 75% of the area of the conterminous United States, Alaska, and Hawaii could experience damaging earthquake shaking. According to the USGS, the congressionally requested NSHM update utilized the latest techniques and technologies and incorporated more data to identify nearly 500 additional faults in the United States. The USGS considers the NSHM an essential tool to help engineers and others mitigate the impact of earthquake hazards on people and property. The NSHM will benefit the USGS-led ShakeAlert, an earthquake early warning (EEW) system operating in California, Oregon, and Washington by providing more information about faults and potential shaking intensity. People and automated systems receive an EEW before potential strong ground shaking reaches their before potential strong ground shaking reaches their
locations after detecting an earthquakelocations after detecting an earthquake ~~so that~~ . Upon receiving the alerts, people can protect themselves and automated people can protect themselves and automated
systems can protect propertysystems can protect property from the impending shaking. EEW is among the most challenging types of emergency . EEW is among the most challenging types of emergency
communications, in part because earthquakes cannot be predicted and occur suddenly. communications, in part because earthquakes cannot be predicted and occur suddenly. ~~Mass~~
In addition, mass notification to high-risk areas must occur within seconds of earthquake detection to be effective. notification to high-risk areas must occur within seconds of earthquake detection to be effective.
~~The U.S. Geological Survey (USGS), with many partners, established the first operational EEW~~
~~system, called ShakeAlert, in California, Oregon, and Washington, which began operations in~~
~~2019 to 2021. ShakeAlert benefits from innovations in earthquake science, earthquake modeling~~
~~(e.g., using machine learning and artificial intelligence), seismic instruments, geodetic~~
~~instruments, and telemetry. Geodetic instruments rely on the Global Positioning System (GPS)~~
~~and other Global Navigation Satellite Systems and can quickly and precisely measure ground~~
~~and/or water motions to provide warnings for many hazards, such as earthquakes, volcanic~~
~~eruptions, and tsunamis. Geodetic instruments have the potential to improve EEW. However,~~
~~ShakeAlert has not fully incorporated geodetic data into its EEW system. In addition, the United~~
~~States faces challenges in operating and maintaining GPS, such as signal interference and the~~
~~increasing number of proximate satellites in Earth orbit.~~
~~In 2021, EEWs sent via the Federal Emergency Management Agency (FEMA) communication~~
~~pathways often did not arrive before intense shaking occurred. EEWs sent in 2021 via cell phone~~
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~~applications over Wi-Fi or cellular networks were typically faster, and most alerts arrive before~~
~~intense shaking occurs.~~
~~The 118th Congress may be interested in what S&T advances might improve earthquake warnings~~
~~(e.g., incorporating geodetic data), in expanding ShakeAlert into other states and territories, and~~
~~whether ShakeAlert could be used for other hazards. Also, Congress may be interested in how to~~
~~improve emergency communications, especially for mass notifications, using FEMA~~
~~communication pathways or the First Responder Network so that alerts arrive before the shaking~~
~~occurs.~~
~~For Further Information~~
~~Linda R. Rowan, Analyst in Natural Resources and Earth Sciences Policy~~
CRS Report R47121, The ShakeAlert Earthquake Early Warning System and the Federal Role
~~Seabed Mining~~
~~The transition to clean energy technologies has been driving U.S. interest in securing a domestic~~
~~supply of critical minerals. Some scientists estimate that certain critical minerals, such as cobalt~~
~~and manganese, are more abundant in seafloor deposits than in land deposits. Many of these~~
~~seabed deposits are located in the deep ocean in areas beyond U.S. jurisdiction. U.S. interest, and~~
~~most global interest, in deep-seabed mining in areas beyond national jurisdiction is focused~~
~~primarily on a 4.5-million-square-kilometer area of the Pacific seafloor located between Hawaii~~
~~and Mexico. This area of the Pacific is rich in polymetallic nodules, which contain nickel,~~
~~manganese, copper, zinc, cobalt, and other minerals. Private industry and governments have been~~
~~exploring areas of the ocean for the purposes of seabed mining. CRS identified no entities~~
~~exploiting seabed minerals under international waters to date.~~
~~At the federal level, NOAA has authority to issue licenses to U.S. citizens for the purpose of~~
~~seabed mining exploration in areas beyond U.S. jurisdiction and has issued licenses to several~~
~~entities for that purpose, two of which are currently active. In addition, NOAA is the primary~~
~~federal agency dedicated to exploring and studying the deep ocean. As directed by Congress,~~
~~NOAA leads research and assessment of seabed mining activities’ potential impacts to proposed~~
~~mining areas of interest beyond U.S. jurisdiction.~~
~~The emergence of the seabed mining industry in areas beyond national jurisdiction raises~~
~~questions about the potential impacts seabed mining may have on deep-sea ecosystems.~~
~~Government, industry, and universities are all involved in studying the potential environmental~~
~~impacts of seabed mining activities. In 1980, Congress directed NOAA to assess the effects on~~
~~the deep-sea environment from seabed mineral exploration and commercial recovery activities.~~
~~For more than two decades, NOAA studied the recovery of deep-sea benthic organisms (i.e.,~~
~~those living on or in the seafloor sediment) from sediment disturbance as a means of assessing the~~
~~potential impacts of seabed mining activities. These studies focused primarily on the potential~~
~~ecosystem impacts of collecting and removing polymetallic nodules from the seafloor.~~
~~The 118th Congress may consider whether additional authorities or funding may be useful in~~
~~understanding and addressing potential environmental and ecosystem impacts from future deep-~~
~~seabed mining. With current and growing interest in exploiting the deep ocean for seabed~~
~~minerals, the 118th Congress may consider changes to NOAA’s research on the environmental~~
~~impacts of collecting polymetallic nodules in the deep sea by studying different seabed mineral~~
~~deposits (e.g., ferromanganese crusts, polymetallic sulfides). In addition, the 118th Congress may~~
~~also consider expansion of NOAA’s ocean exploration campaigns to further document deep-sea~~
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~~Science and Technology Issues for the 118th Congress~~

~~life in order to provide a baseline for understanding whether—and to what degree—deep-sea life~~
~~is vulnerable or resilient to human disturbance.~~
~~For Further Information~~
~~Caitlin Keating-Bitonti, Analyst in Natural Resources Policy~~
CRS Report R47324, Seabed Mining in Areas Beyond National Jurisdiction: Issues for Congress
In 2021, EEWs sent via the Federal Emergency Management Agency (FEMA) communication pathways often did not arrive before intense shaking occurred. EEWs sent in 2021 via cell phone applications over Wi-Fi or cellular networks were typically faster, and most alerts arrived before intense shaking occurred. Congress may be interested in how to improve emergency communications, especially for mass notifications, using FEMA communication pathways or the First Responder Network so that alerts arrive before the shaking occurs. The 118th Congress may be interested in the strengths, weaknesses, opportunities, and threats to the continued development of NSHM, ShakeAlert, and related earthquake hazards risk reduction products and services. The NSHM and ShakeAlert products and services under the National Earthquake Hazards Reduction Program (NEHRP, established in 1977). Congress may consider the effectiveness of NEHRP products and services and whether to reauthorize appropriations beyond FY2023 for the four coordinating federal agencies (authorization of appropriations expires on DATE), the USGS, NIST, FEMA, and NSF. Congress may consider other amendments to the National Earthquake Hazards Reduction Program Reauthorization Act of 2018 (P.L. 115-307). On January 17, 2024, a bill to reauthorize NEHRP and for other purposes ( S. 3606) was introduced for congressional consideration. In particular, the measure would authorize $10.6 million for FEMA, $5.9 million for NIST, $58 million for NSF, and $100.9 million for USGS per year from FY 2024 to 2028. For Further Information Linda R. Rowan, Analyst in Natural Resources and Earth Sciences Policy Congressional Research Service 39 Science and Technology Issues for the 118th Congress CRS Report R43141, The National Earthquake Hazards Reduction Program (NEHRP): Overview and Issues for Congress CRS Report R47121, The ShakeAlert Earthquake Early Warning System and the Federal Role CRS Report R47215, Hazard-Resilient Buildings: Sustaining Occupancy and Function After a Natural Disaster CRS Video WVB00613, Building Codes and Resilience to Natural Hazards CRS Report R47665, Building Codes, Standards, and Regulations: Frequently Asked Questions CRS Video WVB00596, Geologic Hazards: Earthquakes, Volcanoes, Landslides, and Tsunamis National Oceanic and Atmospheric Administration (NOAA) Organic Act and S&T Activities NOAA was established via an executive reorganization plan in 1970; a combination of existing agencies and programs in the Departments of Commerce, the Interior, Navy, and Transportation, and NSF. Congress has since shaped NOAA’s responsibilities through numerous statutes, which are codified in various titles of the U.S. Code. NOAA’s S&T activities span the agency, and include satellite systems; living marine resource conservation and management; ocean and coastal science and management; monitoring and prediction of the atmosphere and environment; underlying research and development; and operation and maintenance of ships and aircraft. Stakeholders and some Members of Congress have proposed codifying NOAA’s existing functions, restructuring the agency, or dividing its functions among multiple federal agencies (e.g., Department of the Interior). Legislation that would serve as NOAA’s organic act, or legislation that forms the foundation of an organization, was introduced in the 118th Congress, having also been introduced in various forms in the past decades. Introduced bills could change the agency’s research and development activities. For instance, in the 118th Congress, one bill would establish NOAA as a “scientific research and development agency with an overarching statutory framework that focuses on Earth system science.” The bill would also establish NOAA as an independent agency, outside the Department of Commerce (DOC). Other proposals may direct NOAA to focus on other activities, including its current living marine resource activities, while retaining it in DOC or moving it to another department. Congress may consider whether changing the agency’s research activities necessitates changes in which House and Senate Committees have jurisdiction over NOAA. Congress could also deliberate whether changing the agency’s activities, including S&T activities, would require alterations to the funding levels NOAA receives. For Further Information Eva Lipiec, Specialist in Natural Resources Policy CRS Report R47636, National Oceanic and Atmospheric Administration (NOAA): Overview and Issues for Congress Weather-Related Science and Technology Weather and climate-related disasters impact millions of people in the United States each year and can cost billions of dollars (e.g., according to NOAA, there were 28 such events with losses exceeding $1 billion each in 2023). In the United States, weather information is developed by the Congressional Research Service 40 Science and Technology Issues for the 118th Congress weather enterprise, a mix of academia, the public sector, and the private sector (i.e., commercial weather forecast providers). The federal public sector includes a variety of federal agencies that engage in weather-related activities or research, have a major need for weather services, or set policy and direction for such services and research. Congress has indicated its interest in improving various aspects of weather forecasting, most recently passing the Weather Research and Forecast Innovation Act in 2017. The act directed NOAA, the primary U.S. civilian weather forecasting agency, to prioritize weather research and forecasting, subseasonal and seasonal forecasting, weather satellite and data, and federal weather coordination. Various stakeholders and practitioners have recommended additional improvements to the weather enterprise and weather research. For example, in 2022, NOAA’s Science Advisory Board, a federal advisory committee charged with advising the NOAA Administrator, recommended actions to improve NOAA’s weather-related observations, data use, forecasting, information delivery, and science, among others. There is legislation introduced during the 118th Congress regarding weather research, focused on several of the same topics as in the Weather Research and Forecast Innovation Act, but also aviation, atmospheric rivers, hazard communication, and weather for agriculture and water management, among other topics. Congress may consider options that direct NOAA and other federal agencies to concentrate research activities on other types of extreme weather events or technological advancements with weather applications (e.g., AI), among other activities. For Further Information Eva Lipiec, Specialist in Natural Resources Policy CRS In Focus IF12307, Understanding Linked Climate and Weather Hazards and the Challenges to Federal Emergency Management CRS Insight IN11826, Tornadoes: Background and Forecasting CRS Insight IN12094, Atmospheric Rivers: Background and Forecasting CRS Report R46911, Drought in the United States: Science, Policy, and Selected Federal Authorities CRS Report WPD00045, CRS Science and Technology Podcast: Atmospheric Rivers CRS Video WVB00599, Drought in the United States: Science, Policy, and Authorities Financial Technology, or “Fintech”
Financial technology, or , or fintech, , ~~refers~~is used to refer to a broad set of technologies being deployed across a to a broad set of technologies being deployed across a
variety of financial industries and activities. This section considers cryptocurrency, investor variety of financial industries and activities. This section considers cryptocurrency, investor
applications, applications, ~~and~~ consumer finance applicationsconsumer finance applications.
, and artificial intelligence in financial services. Cryptocurrency
Cryptocurrencies are designed to function as payment and value storage systemsCryptocurrencies are designed to function as payment and value storage systems~~, which the~~
~~National Institute of Standards and Technology (NIST) described as~~ ; they resemble “electronic cash protected “electronic cash protected
through cryptographic mechanisms instead of a central repository or authority.” Cryptocurrencies through cryptographic mechanisms instead of a central repository or authority.” Cryptocurrencies
are typically exchanged across and cleared on public blockchainsare typically exchanged across and cleared on public blockchains (ledgers). Satoshi Nakamoto, an . Satoshi Nakamoto, an
anonymous individual or collective, introduced the first cryptocurrency, Bitcoin, in a whitepaper anonymous individual or collective, introduced the first cryptocurrency, Bitcoin, in a whitepaper
~~in 2008.~~in 2008. Congressional Research Service 41 Science and Technology Issues for the 118th Congress
Cryptocurrency attempts to replace aspects of the current financial system, of which a central Cryptocurrency attempts to replace aspects of the current financial system, of which a central
~~tenet~~tenant is trust, with one that is trustless and is trust, with one that is trustless and permissionless. For example, there are a variety of . For example, there are a variety of
safeguards built into the traditional financial system that seek to foster trust and inspire safeguards built into the traditional financial system that seek to foster trust and inspire
confidenceconfidence, including, among others, regulation and government backstops. Cryptocurrency, on including, among others, regulation and government backstops. Cryptocurrency, on
the other hand, relies on a series of separate but concurrent incentives for network participants, the other hand, relies on a series of separate but concurrent incentives for network participants,
such as such as block rewards and pseudonymity, which are expected to work even when those participants are rewards and pseudonymity, which are expected to work even when those participants are
operating in their own self-interest. Users can participate in operating in their own self-interest. Users can participate in on-chain transactions—those transactions—those
facilitated directly on a facilitated directly on a ~~blockchain (i.e., ledger)~~ network—or in intermediated transactions with network—or in intermediated transactions with
platforms such as cryptocurrency exchanges and payments companies.platforms such as cryptocurrency exchanges and payments companies.
The system emerged as a payment tool, but its attractiveness as a speculative investment soon The system emerged as a payment tool, but its attractiveness as a speculative investment soon
eclipsed that use. The two most prevalent cryptocurrencies are Bitcoin and Ethereum, which eclipsed that use. The two most prevalent cryptocurrencies are Bitcoin and Ethereum, which
combined represent combined represent ~~slightly~~ more than more than ~~half~~60% of the entire crypto market. According to industry of the entire crypto market. According to industry
websites websites that track data, there are thousands of cryptocurrencies with a total market capitalization of approximately $1.5 trillion. The industry has been characterized by rapid growth and enthusiasm, as well as volatility, accusations of its prominence in illicit finance, and high-profile frauds. Industry and regulators debate how digital assets should be regulated—as securities, commodities, payment products, or some alternative. Over the past year, Congress has considered various bills that would overhaul how digital assets are regulated~~that track data, there are more than 10,000 cryptocurrencies. Volatility and rapid growth~~
~~characterize the crypto market. Most recently, after reaching a record high of more than $3 trillion~~
~~in November 2021, the market capitalization fell to below $900 billion in November 2022,~~
~~reportedly due to various interconnected factors such as higher interest rates and failures of~~
~~various crypto-related entities. Growth in the industry and various crypto company failures may~~
~~prompt the 118th Congress to consider changes in the way the industry is regulated, either by~~
~~drawing crypto finance further into the regulatory perimeter or alternatively walling it off from~~
~~the traditional financial system to preclude the potential for systemic risk~~. .
For Further Information
Paul Tierno, Analyst in Financial Economics Paul Tierno, Analyst in Financial Economics
CRS Report CRS Report ~~R45427~~R47425, , Cryptocurrency: ~~The Economics of Money and~~ Selected Policy Issues
~~CRS Report R46332,~~ ~~Fintech:~~ CRS Insight IN12223, An Overview of ~~Innovative~~H.R. 4763, Financial ~~Technology and Selected Policy~~
~~Issues~~
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Innovation and Technology for the 21st Century Act CRS Insight IN12249, An Overview of H.R. 4766, Clarity for Payment Stablecoins Act CRS Report R46332, Fintech: Overview of Innovative Financial Technology and Selected Policy Issues.
CRS In Focus IF11997, CRS In Focus IF11997, Bank Custody, Trust Banks, and Cryptocurrency
CRS Insight IN12047, CRS Insight IN12047, What Happened at FTX and What Does It Mean for Crypto?
Investment Activities
In recent years, financial innovation in capital markets has fostered a new asset class—called In recent years, financial innovation in capital markets has fostered a new asset class—called
digital assets, which include cryptocurrencies—and introduced new forms of fundraising, trading, , which include cryptocurrencies—and introduced new forms of fundraising, trading,
and other investment activities. and other investment activities.
~~IIJA~~The Infrastructure Investment and Jobs Act (P.L. 117-58) defines (P.L. 117-58) defines a digital asset as “any digital representation of value, which is recorded as “any digital representation of value, which is recorded
on a cryptographically secured distributed ledger or any similar technology as specified by the on a cryptographically secured distributed ledger or any similar technology as specified by the
[Treasury] Secretary.” The oversight of digital assets is split among different agencies. Some [Treasury] Secretary.” The oversight of digital assets is split among different agencies. Some
~~aspects of existing regulation have drawn policy debates about regulatory uncertainty, especially~~
~~with regard to how previously enacted laws and regulations could be applied to new activities and~~
~~products. Some~~ digital assets meet the legal definition digital assets meet the legal definition of securitiesfor securities and are primarily regulated by and are primarily regulated by
the Securities and Exchange Commission (SEC), which oversees securities offers, sales, and the Securities and Exchange Commission (SEC), which oversees securities offers, sales, and
investment activities. Those that do not meet the definition investment activities. Those that do not meet the definition of securitiesfor securities may be legally may be legally
considered commodities under the Commodities Exchange Act (P.L. 74-675) and fall under the considered commodities under the Commodities Exchange Act (P.L. 74-675) and fall under the
oversight of the Commodity Futures Trading Commission, which also oversees U.S. derivatives oversight of the Commodity Futures Trading Commission, which also oversees U.S. derivatives
markets.markets.
~~New S&T~~ Some aspects of the existing regulation of digital assets have drawn policy debates about regulatory uncertainty, especially with regard to how previously enacted laws and regulations could be applied to new activities and products. For example, in January 2024, the SEC approved Congressional Research Service 42 Science and Technology Issues for the 118th Congress a batch of spot Bitcoin exchange-traded product (ETP) applications, broadening retail and institutional investor access to Bitcoin. Bitcoin ETP proponents argue that the funds provide a familiar and convenient way for investors to invest in digital assets, enabling them to partake in potential financial gains. Opponents worry that the associated risks, such as fraud, manipulation, and valuation and trading risks, could generate investor protection challenges. Another development is that new technologies have brought greater investor access through retail investor digital engagement have brought greater investor access through retail investor digital engagement
practices (DEPs). DEP tools are deployed in investment advisory services where broker-dealers practices (DEPs). DEP tools are deployed in investment advisory services where broker-dealers
and investment advisers use websites or mobile applications to interact with retail investors, such and investment advisers use websites or mobile applications to interact with retail investors, such
as collecting investor data or providing financial advice. DEPs often deploy game-like features, as collecting investor data or providing financial advice. DEPs often deploy game-like features,
behavioral prompts, differential marketing, and predictive data analytics. The SEC is soliciting behavioral prompts, differential marketing, and predictive data analytics. The SEC is soliciting
public input on how broker-dealers and investment advisers, including robo advisers, mitigate public input on how broker-dealers and investment advisers, including robo advisers, mitigate
conflict of interest concerns. Specifically, the SEC is concerned about how the DEPs’ profit conflict of interest concerns. Specifically, the SEC is concerned about how the DEPs’ profit
optimization designs may encourage investors to invest in ways that would prioritize the optimization designs may encourage investors to invest in ways that would prioritize the
profitability of the firms (as opposed to their retail investor clients). profitability of the firms (as opposed to their retail investor clients). ~~Digital asset market events in~~
~~2022 have exposed the industry’s structural vulnerability and perceived regulatory gaps. More~~
~~policy debates relating to the SEC’s digital asset jurisdiction and potential legislative fixes to~~
~~address the perceived regulatory gaps are likely during the 118th Congress.~~
The SEC proposed a rule in July 2023 to address certain conflicts of interest associated with the use of predictive data analytics in investor interactions. For Further Information
Eva Su, Eva Su, ~~Analyst~~Specialist in Financial Economics in Financial Economics
CRS Report R46208, CRS Report R46208, Digital Assets and SEC Regulation
CRS CRS In Focus IF12573, SEC Approves Bitcoin Exchange-Traded Products (ETPs) CRS Insight IN12052, Insight IN12052, SEC Jurisdiction and Perceived Crypto-Asset Regulatory Gap: An FTX
Case Study
Consumer Products
Beyond the retail investment activitiesBeyond the retail investment activities ~~discussed in the prior section~~, fintech also has the potential , fintech also has the potential
to change other consumer finance products and services, including in consumer payments and to change other consumer finance products and services, including in consumer payments and
lending markets. Modern technologies—such as internet access, mobile technology, electronic lending markets. Modern technologies—such as internet access, mobile technology, electronic
payment improvements, alternative data, and artificial intelligence—have been used to create new payment improvements, alternative data, and artificial intelligence—have been used to create new
fintech products for consumers. Some recent fintech products include “peer to peer” fintech products for consumers. Some recent fintech products include “peer to peer” (P2P) payments, payments,
digital wallets, consumer data aggregation services, marketplace lending, and “Buy Now, Pay digital wallets, consumer data aggregation services, marketplace lending, and “Buy Now, Pay
~~Later” financing.~~
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Later” (BNPL) financing. New technology could potentially improve consumer experiences, lower the cost of providing New technology could potentially improve consumer experiences, lower the cost of providing
financial products, and expand access to underserved consumers. For example, internet-based or financial products, and expand access to underserved consumers. For example, internet-based or
mobile financial products may be able to help consumers manage their finances better and mobile financial products may be able to help consumers manage their finances better and
provide more affordable access to financial services. In addition, consumer loan underwriting—provide more affordable access to financial services. In addition, consumer loan underwriting—
when a lender evaluates the likelihood that a loan applicant will make timely repayment—can when a lender evaluates the likelihood that a loan applicant will make timely repayment—can
potentially be enhanced by these new technologies. For example, alternative data and artificial potentially be enhanced by these new technologies. For example, alternative data and artificial
intelligence may be able to better price default risk for lenders, which could expand credit access intelligence may be able to better price default risk for lenders, which could expand credit access
or make credit less expensive for some consumers. or make credit less expensive for some consumers.
New technologies could pose certain consumer protection and data security risks, raising New technologies could pose certain consumer protection and data security risks, raising
questions over what consumer information is appropriate to collect and use. Policymakers questions over what consumer information is appropriate to collect and use. Policymakers
designed many of the financial laws and regulations before the most recent technological designed many of the financial laws and regulations before the most recent technological
changes. This raises questions concerning whether the existing legal and regulatory frameworks, changes. This raises questions concerning whether the existing legal and regulatory frameworks,
when applied to fintech, effectively mitigate risks without unduly hindering the development of when applied to fintech, effectively mitigate risks without unduly hindering the development of
beneficial technologies. In addition, fintech products often access sensitive consumer financial beneficial technologies. In addition, fintech products often access sensitive consumer financial
Congressional Research Service 43 Science and Technology Issues for the 118th Congress data, which may introduce privacy and cybersecurity concerns. Fintech innovations may also data, which may introduce privacy and cybersecurity concerns. Fintech innovations may also
have impacts on market competition, such as potentially creating systemic risks. Moreover, have impacts on market competition, such as potentially creating systemic risks. Moreover,
consumer loan underwriting models using alternative data and artificial intelligence could consumer loan underwriting models using alternative data and artificial intelligence could
introduce fair lending risks due to biases in data or model development. The Consumer Financial introduce fair lending risks due to biases in data or model development. The Consumer Financial
Protection Bureau (CFPB) is the primary consumer protection regulator for consumer financial Protection Bureau (CFPB) is the primary consumer protection regulator for consumer financial
products and services. products and services. ~~The 118th Congress may continue to be interested in how existing laws~~
~~apply to consumer fintech products, how these products should be regulated by the CFPB, and~~
~~whether new laws are necessary to regulate these products.~~
~~For Further Information~~
~~Cheryl Cooper, Analyst in Financial Economics~~
CRS In Focus IF11682, Introduction to Financial Services: Consumer Finance
CRS In Focus IF11630, Alternative Data in Financial Services
CRS In Focus IF12079, Digital Wallets and Selected Policy Issues
~~Information Technology and Social Media~~
~~Rapid advancements in information technologies present several issues for congressional~~
~~policymakers, including those related to artificial intelligence, cybersecurity, social media~~
~~platforms, big tech and online platforms, immersive technologies, law enforcement access to~~
~~platforms and social media, and blockchain technologies.~~
~~Artificial Intelligence~~
~~In recent years, the Administration and Congress have been increasingly engaged in supporting~~
~~artificial intelligence (AI)~~ For Further Information Cheryl Cooper, Analyst in Financial Economics CRS In Focus IF11682, Introduction to Financial Services: Consumer Finance CRS Report R47475, Consumer Finance and Financial Technology (Fintech) CRS In Focus IF11630, Alternative Data in Financial Services CRS In Focus IF12079, Digital Wallets and Selected Policy Issues CRS Insight IN11745, Open Banking, Data Sharing, and the CFPB’s 1033 Rulemaking CRS Report R44614, Marketplace Lending: Fintech in Consumer and Small-Business Lending, CRS Insight IN11784, Rapidly Growing “Buy Now, Pay Later” (BNPL) Financing: Market Developments and Policy Issues Artificial Intelligence and Machine Learning in Finance Technological advances in computer hardware, capacity, and data storage—which permit the collection, storage, and analysis of data—helped fuel the development and use of artificial intelligence and machine learning (ML) technologies in finance. Unlike older algorithms that automated human coded rules, new AI models can ‘learn’ by themselves and make inferences and recommendations not identified by modelers in advance. This shift in technology has also enabled the use of new types of data including alternative data (not traditionally used by the consumer credit bureaus), unstructured data (e.g., images; social media posts), and unlabeled information data, which extends the technologies’ uses to new financial services or products. Different parts of the financial services industry have adopted AI technology to varying degrees and for various purposes. Some uses of AI/ML include powering chatbots in customer service functions; identifying investment opportunities and/or execute trades; and augmenting lending models or (more sparingly) making lending decisions. Whether, and the extent to which, a sector or firm uses the technology reflects certain priorities—involving questions such as: Do firms have the financial capability to fund internal development of models? How comfortable are such firms with the regulatory ramifications that may accompany their use? The increased use of AI/ML to deliver financial services has attracted attention and led to numerous policy issues and subsequent policy actions. Such policy actions culminated in: (1) Executive Order 14110 on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence, and (2) the establishment of an artificial intelligence working group in the House Committee on Financial Services. The evolving legislative and regulatory framework regarding AI/ML use in finance is likely, at least in part, to influence the development of AI/ML financial services applications. Various financial regulators have indicated that regulated entities are subject to the full range of laws and regulations regardless of the technology used. Additionally, some regulators have identified regulations and issued guidance of particular relevance to financial firms employing AI/ML technologies. Congressional Research Service 44 Science and Technology Issues for the 118th Congress Beyond the regulatory framework, various policy considerations accompany the financial services industry’s use of AI/M. Some considerations are: (1) the potential for the technology to introduce or exacerbate bias in the provision of financial services; (2) the lack of ‘explainability’ that stems from increasing model complexity, potentially introducing risk to the financial system; (3) the ability to encourage herd-like behavior, leading to financial stability concerns; (4) data security and privacy issues; (5) the potential to promote market manipulation; and (6) the evolving role of big tech’s position at the intersection of data, AI/ML, and financial services. For Further Information Cheryl R. Cooper, Analyst in Financial Economics CRS In Focus IF12399, Automation, Artificial Intelligence, and Machine Learning in Consumer Lending Information Technology and Social Media Rapid advancements in information technologies present several issues for congressional policymakers, including those related to artificial intelligence, cybersecurity, big tech and online platforms, social media, consumer data privacy, children on the internet, immersive technologies, blockchain technologies, law enforcement use of information technologies and social media, and biometric technologies. Artificial Intelligence In recent years, the Administration and Congress have been increasingly engaged in supporting artificial intelligence R&D and working to address policy concerns arising from AI R&D and working to address policy concerns arising from AI
development and use. Congressional activities focused on AI increased substantially in the 116th development and use. Congressional activities focused on AI increased substantially in the 116th
and 117th Congresses, including multiple committee hearings in the House and Senate, the and 117th Congresses, including multiple committee hearings in the House and Senate, the
introduction of numerous AI-focused bills, and the passage of AI provisions in legislation. introduction of numerous AI-focused bills, and the passage of AI provisions in legislation.
Enacted legislation has included the National AI Initiative Act of 2020 within the William M. Enacted legislation has included the National AI Initiative Act of 2020 within the William M.
(Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (P.L. 116-283); the AI (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (P.L. 116-283); the AI
in Government Act of 2020 within the Consolidated Appropriations Act, 2021 (P.L. 116-260); and in Government Act of 2020 within the Consolidated Appropriations Act, 2021 (P.L. 116-260); and
provisions focused on AI activities at NSF, DOE, and NIST within P.L. 117-167, the CHIPS and provisions focused on AI activities at NSF, DOE, and NIST within P.L. 117-167, the CHIPS and
Science Science Act. ~~Act.~~
~~Congressional Research Service~~

36

~~Science and Technology Issues for the 118th Congress~~

AI holds potential benefits and opportunities, such as through augmenting human decisionmaking AI holds potential benefits and opportunities, such as through augmenting human decisionmaking
and optimizing performance for complex tasks. It also presents challenges and pitfalls, such as and optimizing performance for complex tasks. It also presents challenges and pitfalls, such as
through perpetuating or amplifying bias and failing in unexpected ways. The ready availability in through perpetuating or amplifying bias and failing in unexpected ways. The ready availability in
2022 of software (i.e., ChatGPT) that can intelligently (1) respond to questions, and (2) draft 2022 of software (i.e., ChatGPT) that can intelligently (1) respond to questions, and (2) draft
prose documents may represent a sentinel event in popular use of AI. prose documents may represent a sentinel event in popular use of AI.
There are several broad concerns related to AI, spanning multiple sectors, that could be There are several broad concerns related to AI, spanning multiple sectors, that could be
considered in the 118th Congress. These include considered in the 118th Congress. These include
• the impact of AI and AI-driven automation on the workforce, including potential • the impact of AI and AI-driven automation on the workforce, including potential
job losses and the need for worker retraining; job losses and the need for worker retraining;
• the challenges of educating students in AI, from teaching foundational concepts • the challenges of educating students in AI, from teaching foundational concepts
at the K-12 level to supporting doctoral-level training to meet increasing demand at the K-12 level to supporting doctoral-level training to meet increasing demand
for AI expertise; for AI expertise;
• the balance of federal and private sector funding for AI; • the balance of federal and private sector funding for AI;
Congressional Research Service 45 Science and Technology Issues for the 118th Congress • whether and how to increase access to public datasets to train AI systems for use • whether and how to increase access to public datasets to train AI systems for use
in the public and private sectors; in the public and private sectors;
• the development of standards and testing protocols and algorithmic auditing • the development of standards and testing protocols and algorithmic auditing
capabilities for AI systems; capabilities for AI systems;
• the need for and effectiveness of federal and international coordination efforts in • the need for and effectiveness of federal and international coordination efforts in
AI, as well as concerns over international competition in AI R&D and AI, as well as concerns over international competition in AI R&D and
deployment; and deployment; and
• the incorporation of ethics, privacy, security, transparency, and accountability • the incorporation of ethics, privacy, security, transparency, and accountability
considerations in AI systems, including such applications as facial recognition considerations in AI systems, including such applications as facial recognition
technologies. technologies.
There are additional national security concerns about the potential use of AI technologies that There are additional national security concerns about the potential use of AI technologies that
Congress could address, such as the potential for “deep fakes” to influence elections and erode Congress could address, such as the potential for “deep fakes” to influence elections and erode
public trust, the balance of human and automated decisionmaking in military operations, and public trust, the balance of human and automated decisionmaking in military operations, and
concerns about the dissemination of U.S.-developed AI technologies and federally funded AI concerns about the dissemination of U.S.-developed AI technologies and federally funded AI
research results to potential competitors or adversaries. research results to potential competitors or adversaries.
For Further Information
Laurie A. Harris, Analyst in Science and Technology Policy Laurie A. Harris, Analyst in Science and Technology Policy
Kristen Busch, Analyst in Science and Technology Policy Kristen Busch, Analyst in Science and Technology Policy
CRS Report R47843, CRS Report R47843, Highlights of the 2023 Executive Order on Artificial Intelligence for
Congress
CRS Video WVB00615, CRS Video WVB00615, Artificial Intelligence: Recent Advances and Issues for Congress
CRS Report R47644, CRS Report R47644, Artificial Intelligence: Overview, Recent Advances, and Considerations for
the 118th Congress
CRS In Focus IF12426, CRS In Focus IF12426, Generative Artificial Intelligence: Overview, Issues, and Questions for
Congress
CRS CRS Legal Sidebar LSB11097, Section 230 Immunity and Generative Artificial Intelligence CRS Report R47569, Report R47569, Generative Artificial Intelligence and Data Privacy: A Primer
CRS Report WPD00050, CRS Report WPD00050, CRS Science and Technology Podcast: Artificial Intelligence
CRS Video WVB00554, CRS Video WVB00554, Science and Technology Q&A: Generative AI and Data Privacy
CRS In Focus IF11333, Deep Fakes and National Security Artificial Intelligence and Intellectual Property Law Congress, the executive branch, and courts have begun to confront several questions regarding how intellectual property law should apply to artificial intelligence. In the field of copyright law, the U.S. Copyright Office has denied applications to register copyrights for artworks created by inputting text prompts into generative AI programs on the basis that they lack human authorship. In March 2023, the office issued guidance stating that human beings do not have sufficient “creative control” over such works to be considered authors. For works containing materials created by both humans and AI programs, the Copyright Office guidance states that copyright protects only the human-authored aspects and requires the author to disclaim any AI-generated portions. Congressional Research Service 46 link to page 13 link to page 13 ~~Congressional Research Service~~

37

Science and Technology Issues for the 118th Congress

CRS In Focus IF11333, Deep Fakes and National Security
~~Cybersecurity~~
~~Cybersecurity is not an end state. Rather, it is a risk management process that information~~
~~technology (IT)~~ Some argue that AI can be used to infringe existing copyrights, either by training AI models on copyrighted works or by generating outputs that are substantially similar to those works. In 2023, authors and other plaintiffs filed several lawsuits alleging copyright infringement by AI companies. In response, these companies argue that using copyrighted works to train their models constitutes fair use and that generative AI programs are unlikely to reproduce copyrighted works in their outputs. The potential for AI to replicate real people’s voices and likenesses also raises questions regarding the right of publicity, or name-image-likeness (NIL) rights. The right of publicity is mainly protected by state laws, although federal trademark law provides overlapping protection in some cases. Some stakeholders have called for Congress to supplement or replace state right-of-publicity laws with federal legislation. AI also raises patent law questions. Limitations on patentable subject matter (see “Patents and Innovation Policy”) may cast doubt on whether some innovations in the field of AI are patentable. In addition, it is uncertain whether innovations made with varying levels of AI assistance may be patented. In 2023, the Supreme Court declined to review a decision by the U.S. Court of Appeals for the Federal Circuit holding that an invention made “autonomously” by AI was unpatentable because it lacked a human inventor. For Further Information Christopher T. Zirpoli, Legislative Attorney Kevin J. Hickey, Legislative Attorney CRS Legal Sidebar LSB10922, Generative Artificial Intelligence and Copyright Law CRS Legal Sidebar LSB11052, Artificial Intelligence Prompts Renewed Consideration of a Federal Right of Publicity CRS Legal Sidebar LSB11052, Artificial Intelligence Prompts Renewed Consideration of a Federal Right of Publicity CRS Video WVB00580, Copyright Law and Generative Artificial Intelligence CRS Report WPD00052, Copyright for AI-Generated Works Cybersecurity Cybersecurity is not an end state. Rather, it is a risk management process that information technology system owners and operators use to ensure that data, devices, systems, and system owners and operators use to ensure that data, devices, systems, and
networks networks
• maintain • maintain confidentiality among authorized parties, among authorized parties,
• preserve the • preserve the integrity of both the data and the technology, and of both the data and the technology, and
• are • are available when users desire. when users desire.
Some cybersecurity issues persist across multiple Congresses. For example, the 117th Congress Some cybersecurity issues persist across multiple Congresses. For example, the 117th Congress
• explored policy options to ensure the • explored policy options to ensure the confidentiality of internet-based of internet-based
communications (i.e., data security and privacy) by enacting national privacy communications (i.e., data security and privacy) by enacting national privacy
legislation; legislation;
• investigated ways that nation-state actors compromised the • investigated ways that nation-state actors compromised the integrity of IT of IT
vendors’ products in order to compromise their customers; and vendors’ products in order to compromise their customers; and
Congressional Research Service 47 link to page 56 link to page 57 link to page 57 link to page 55 Science and Technology Issues for the 118th Congress • considered cybersecurity incident reporting requirements as a way to better • considered cybersecurity incident reporting requirements as a way to better
understand and mitigate ransomware attacks that attack the understand and mitigate ransomware attacks that attack the availability of data of data
and systems. and systems.
The 117th Congress enacted a variety of cybersecurity-related legislation. Funding in the The 117th Congress enacted a variety of cybersecurity-related legislation. Funding in the
American Rescue Plan Act provided resources for federal agencies to transition to the zero-trust American Rescue Plan Act provided resources for federal agencies to transition to the zero-trust
architecture (i.e., the continuous authentication of a user in a system). Legislation and oversight architecture (i.e., the continuous authentication of a user in a system). Legislation and oversight
also addressed federal support for the cybersecurity of state and local governments. IIJA provided also addressed federal support for the cybersecurity of state and local governments. IIJA provided
$1 billion to state and local governments to improve their cybersecurity posture. Congress also $1 billion to state and local governments to improve their cybersecurity posture. Congress also
created programs to address cybersecurity education, improve cybersecurity at schools, and created programs to address cybersecurity education, improve cybersecurity at schools, and
increase federal information sharing and technical assistance to state and local governments. increase federal information sharing and technical assistance to state and local governments.
One new area of ongoing congressional interest is the relationship between the private sector and One new area of ongoing congressional interest is the relationship between the private sector and
the federal government. Two ways this manifested in the 117th Congress was in the examination the federal government. Two ways this manifested in the 117th Congress was in the examination
of the role of cybersecurity companies and IT vendors in national cybersecurity (e.g., following of the role of cybersecurity companies and IT vendors in national cybersecurity (e.g., following
the Solarwinds attack) and a requirement that all companies report when they experience a the Solarwinds attack) and a requirement that all companies report when they experience a
cybersecurity incident. Such concerns are likely to continue in the 118th Congress. cybersecurity incident. Such concerns are likely to continue in the 118th Congress.
For Further Information
Chris Jaikaran, Specialist in Cybersecurity Policy Chris Jaikaran, Specialist in Cybersecurity Policy
CRS CRS Insight IN12211, Harmonic Dissonance—Synching Up Cybersecurity Regulations CRS Insight IN12123, The National Cybersecurity Strategy—Going Where No Strategy Has Gone Before CRS Report R46974, Report R46974, Cybersecurity: Selected Cyberattacks, 2012-2022
CRS In Focus IF10683, CRS In Focus IF10683, DHS’s Cybersecurity Mission—An Overview
CRS Video WVB00609, CRS Video WVB00609, The Evolution of the Cybersecurity Legislative Debate for the 118th
Congress
CRS Report WPD00048, CRS Report WPD00048, The Homeland Security Act at 20: Cybersecurity
CRS In Focus IF10559, CRS In Focus IF10559, Cybersecurity: A Primer
CRS In Focus IF10920, CRS In Focus IF10920, Cyber Supply Chain Risk Management: An Introduction
CRS Report R47011, CRS Report R47011, Cybersecurity: Deterrence Policy
Big Tech and Online Platforms Technological developments have allowed companies to offer various products and services through online platforms, transforming existing industries and creating new markets. Congressional interest in companies that operate online platforms have largely focused on Alphabet (Google’s parent company), Amazon, Apple, Meta Platforms (formerly Facebook), and at times Microsoft—companies collectively known as “Big Tech.” Issues related to Big Tech include whether the companies use anticompetitive methods to obtain and maintain market dominance, how the companies collect and use consumer data (see “Consumer Data Privacy”), and whether to implement additional protections for content accessed by minors (see “Children on the Internet”). Some Members of Congress have introduced multiple bills and held hearings to examine online platforms. Some of the bills focus on specific types of online platforms, such as social media platforms (see “Social Media Platforms”). Others focus on online platforms that meet a specific Congressional Research Service 48~~Congressional Research Service~~

38

~~Science and Technology Issues for the 118th Congress~~

Science and Technology Issues for the 118th Congress size threshold, often measured by the number of monthly active users, revenue, and/or market capitalization. The INFORM Consumers Act (created requirements for online marketplaces) and the Merger Filing Fee Modernization Act (adjusted fees paid by merging firms) were enacted in the 117th Congress (P.L. 117-328). For Further Information Clare Cho, Analyst in Industrial Organization and Business Kristen Busch, Analyst in Science and Technology Policy Jay Sykes, Legislative Attorney Chris Linebaugh, Legislative Attorney CRS Report R47662, Defining and Regulating Online Platforms CRS Legal Sidebar LSB10889, Regulating Big Tech: CRS Legal Products for the 118th Congress CRS Report R46875, Antitrust Reform and Big Tech Firms, by Jay B. Sykes CRS Video WVB00553, Science and Technology Q&A: Dark Patterns CRS In Focus IF12246, What Hides in the Shadows: Deceptive Design of Dark Patterns, by Kristen E. Busch CRS Report R47018, Stop the Presses? Newspapers in the Digital Age Social Media Platforms
Scrutiny of social media platforms—such as Facebook, Twitter, TikTok, and YouTube—has Scrutiny of social media platforms—such as Facebook, Twitter, TikTok, and YouTube—has
focused on focused on ~~their~~ content moderationcontent moderation ~~practices~~, including the spread of misinformation as well as , including the spread of misinformation as well as
the censorship of lawful content. Section 230 of the Communications Act of 1934, enacted as part the censorship of lawful content. Section 230 of the Communications Act of 1934, enacted as part
of the Telecommunications Act of 1996, protects interactive computer service providers and their of the Telecommunications Act of 1996, protects interactive computer service providers and their
users from liability for publishingusers from liability for publishing~~, and in some instances~~ content created by another person or entity. In some instances, Section 230 also protects interactive computer service providers and their users from restricting restricting access to third-party content. States have adopted various laws regulating social media platforms’ content moderation activity. Legal challenges to some of these laws are pending. Significantly, the Supreme Court is set to hear challenges to ~~access to, another’s content.~~
~~Two states—~~Texas and FloridaTexas and Florida~~—have passed~~ laws that limit social media platforms’ ability to laws that limit social media platforms’ ability to
~~moderate content. Legal challenges to these laws are pending.~~
moderate content in the Court’s 2023–2024 term. Some Members of Congress have also expressed interest in other aspects of social media Some Members of Congress have also expressed interest in other aspects of social media
platforms. These platforms. These ~~concerns~~ include the use of algorithms to amplify or remove contentinclude the use of algorithms to amplify or remove content~~; the use of~~
~~social media by law enforcement;~~, and the national security, data privacy, and foreign influence and the national security, data privacy, and foreign influence
risks posed by TikTok, a social media platform owned by Chinese company ByteDance. The 117th risks posed by TikTok, a social media platform owned by Chinese company ByteDance. The 117th
Congress Congress ~~passed~~enacted legislation to ban TikTok legislation to ban TikTok from certain government devices (P.L. 117-328). Some Members of Congress have introduced multiple bills and held ~~from certain government devices. While other~~
~~concerns—such as competition among platforms—are applicable to social media, they are~~
~~typically part of broader discussions of online platforms (discussed separately in “Big Tech and~~
~~Online Platforms”).~~
~~In the 116th and 117th Congresses, there were multiple bills and~~ hearings related to social media hearings related to social media
platforms. Some bills would platforms. Some bills would ~~have amended~~amend Section 230 in a manner that would allow social Section 230 in a manner that would allow social
media companies to be held liable for hosting or removing certain content or for using algorithms media companies to be held liable for hosting or removing certain content or for using algorithms
to rank, sort, and recommend content, with some exceptions. Others would to rank, sort, and recommend content, with some exceptions. Others would ~~have required~~
require increased transparency for social media platforms’ content moderation practices or increased transparency for social media platforms’ content moderation practices or ~~imposed~~
impose requirements unrelated to content moderation. requirements unrelated to content moderation. ~~The 118th Congress may be interested in similar~~
~~legislation related to social media platforms.~~
~~For Further Information~~ For Further Information Congressional Research Service 49 Science and Technology Issues for the 118th Congress
Kristen Busch, Analyst in Science and Technology Policy Kristen Busch, Analyst in Science and Technology Policy
Clare Cho, Analyst in Industrial Organization and Business Clare Cho, Analyst in Industrial Organization and Business
Valerie Brannon, Legislative Attorney Valerie Brannon, Legislative Attorney
~~Eric Holmes, Legislative Attorney~~
~~Chris Linebaugh, Legislative Attorney~~
~~Kristin Finklea, Specialist in Domestic Security~~
~~Eric Holmes, Legislative Attorney~~
Chris Linebaugh, Legislative Attorney Chris Linebaugh, Legislative Attorney
Stephen P. Mulligan, Legislative Attorney Stephen P. Mulligan, Legislative Attorney
CRS Report R47753, CRS Report R47753, Liability for Algorithmic Recommendations
CRS In Focus IF12462, CRS In Focus IF12462, Social Media Algorithms: Content Recommendation, Moderation, and
Congressional Considerations
CRS Video WVB00562, CRS Video WVB00562, Social Media Content Moderation
CRS Video WVB00520, CRS Video WVB00520, Online Content Moderation: A Legal Primer for the 118th Congress
CRS Report R46662, CRS Report R46662, Social Media: Misinformation and Content Moderation Issues for Congress
CRS CRS ~~Report R46751~~In Focus IF12584, Section 230: A Brief Overview CRS Report R46751, Section 230: An Overview, Section 230: An Overview
~~Congressional Research Service~~

39

~~link to page 44~~ ~~Science and Technology Issues for the 118th Congress~~

CRS Video WVB00521, CRS Video WVB00521, Section 230: A Legal Primer for the 118th Congress
CRS Report R46543, CRS Report R46543, TikTok: Technology Overview and Issues
CRS Insight IN12131, CRS Insight IN12131, TikTok: Recent Data Privacy and National Security Concerns
CRS Legal Sidebar LSB10940, CRS Legal Sidebar LSB10940, Restricting TikTok (Part I): Legal History and Background
CRS Legal Sidebar LSB10942, CRS Legal Sidebar LSB10942, Restricting TikTok (Part II): Legislative Proposals and
Considerations for Congress
CRS Legal Sidebar LSB10972, CRS Legal Sidebar LSB10972, Montana’s TikTok Ban and Pending Legal Actions
CRS Legal Sidebar LSB10748, CRS Legal Sidebar LSB10748, Free Speech Challenges to Florida and Texas Social Media Laws
CRS In Focus IF12180, CRS In Focus IF12180, False Speech and the First Amendment: Constitutional Limits on
Regulating Misinformation
CRS Legal Sidebar LSB10742, CRS Legal Sidebar LSB10742, Online Content Moderation and Government Coercion
~~CRS Report R47049,~~ ~~Children and the Internet: Legal Considerations in Restricting Access to~~
~~Content~~
CRS Report R47008, Law Enforcement and Technology: Using Social Media
~~Big Tech and Online Platforms~~
~~Technological developments have allowed companies to offer various services through online~~
~~platforms, transforming existing industries and creating new markets. Some of these companies~~
~~collect data from their users~~Consumer Data Privacy Some companies are able to collect, process, and analyze large amounts of consumer data, such , such as ~~as the~~ users’ behavior on the platform and personally users’ behavior on the platform and personally
identifiable informationidentifiable information, through online platforms. These~~. This~~ data can be used for various purposes, including providing services data can be used for various purposes, including providing services
for customers and obtaining revenue from sending targeted advertisements to specific individuals. for customers and obtaining revenue from sending targeted advertisements to specific individuals.
The collection of consumer data has raised concerns about consumer data privacyThe collection of consumer data has raised concerns about consumer data privacy, and and ~~may~~
~~contribute to the dominance of some companies that have been able to collect large amounts of~~
~~various types of data.~~
~~Congressional interest in companies that operate online platforms have largely focused on~~
~~Alphabet (Google’s parent company), Amazon, Apple, Meta Platforms (formerly Facebook), and~~
~~at times Microsoft—companies collectively known as “Big Tech.” Issues related to Big Tech~~
~~include how the companies collect and use consumer data, whether the companies use~~
~~anticompetitive methods to obtain and maintain market dominance, and whether to implement~~
~~additional privacy protections for content accessed by individuals under the age of 16 or 18.~~
~~The 118th Congress may wish to pursue legislation related to online platforms in addition to those~~
~~specifically related to social media platforms (discussed separately in “Social Media Platforms”).~~
~~Numerous bills and hearings in the 116th and 117th Congresses were related to consumer data~~
~~privacy and market dominance concerns, including bills to create a comprehensive federal data~~
~~protection law, to create competition-related requirements for online platforms that meet certain~~
~~criteria, and to amend antitrust laws. Some bills would have increased funding for federal~~
~~antitrust enforcers—the Federal Trade Commission (FTC) and the antitrust division of the~~
~~Department of Justice.~~
~~For Further Information~~
~~Clare Cho, Analyst in Industrial Organization and Business~~
~~Kristen Busch, Analyst in Science and Technology Policy~~
~~Congressional Research Service~~

40

~~Science and Technology Issues for the 118th Congress~~

~~Jay Sykes, Legislative Attorney~~
~~Chris Linebaugh, Legislative Attorney~~
~~Eric Holmes, Legislative Attorney~~
CRS Report R47662, Defining and Regulating Online Platforms
CRS Report R47298, Online Consumer Data Collection and Data Privacy
CRS In Focus IF11448, How Consumer Data Affects Competition Through Digital Advertising
CRS In Focus IF11207, Data Protection and Privacy Law: An Introduction
CRS Legal Sidebar LSB10889, Regulating Big Tech: CRS Legal Products for the 118th Congress
CRS Video WVB00561, Consumer Data Privacy: Policy and Legal Considerations
CRS Video WVB00553, Science and Technology Q&A: Dark Patterns
~~CRS In Focus IF12244,~~ ~~Unfair or Deceptive Acts or Practices (UDAP) Enforcement Authority~~
~~Under the Federal Trade Commission Act~~
~~CRS Legal Sidebar LSB10839,~~ ~~FTC Considers Adopting Commercial Surveillance and Data~~
~~Security Rules~~
~~CRS Legal Sidebar LSB10846,~~ ~~The EU-U.S. Data Privacy Framework: Background,~~
~~Implementation, and Next Steps~~
CRS Report R46739, Mergers and Acquisitions in Digital Markets
CRS Legal Sidebar LSB10635, The FTC’s Competition Rulemaking Authority
CRS Legal Sidebar LSB10725, Antitrust Issues in Labor Markets
CRS Report R47018, Stop the Presses? Newspapers in the Digital Age
whether existing data privacy laws are sufficient. Some Members of Congress have introduced bills that would create a comprehensive data privacy law, and several states have enacted comprehensive data privacy laws. Some of these federal bills and all of the state laws would provide consumers with certain rights, such as the right to access and delete their data, and create requirements for companies, such as providing notice about their data collection practices. For Further Information Congressional Research Service 50 Science and Technology Issues for the 118th Congress Kristen Busch, Analyst in Science and Technology Policy Chris Linebaugh, Legislative Attorney Clare Cho, Analyst in Industrial Organization and Business CRS Report R47298, Online Consumer Data Collection and Data Privacy CRS In Focus IF11207, Data Protection and Privacy Law: An Introduction CRS Video WVB00561, Consumer Data Privacy: Policy and Legal Considerations CRS Legal Sidebar LSB10839, FTC Considers Adopting Commercial Surveillance and Data Security Rules CRS In Focus IF11448, How Consumer Data Affects Competition Through Digital Advertising CRS Legal Sidebar LSB10846, The EU-U.S. Data Privacy Framework: Background, Implementation, and Next Steps Children on the Internet Since at least the 1990s, policymakers have enacted legislation seeking to protect minors online. Concerns about potential harms to minors using the internet, particularly social media platforms, have grown over the last few years. Some policymakers are considering increasing protections for minors on the internet, including by implementing additional requirements for online platforms. Some Members of Congress have introduced bills during the 118th Congress seeking to protect minors online by creating additional requirements for operators of websites, online platforms, and online services. Some of these bills would require or likely incentivize operators to use different age verification methods by, for example, creating requirements specific to minors. Some of these bills might also raise constitutional concerns. For Further Information Clare Cho, Analyst in Industrial Organization and Business Peter Benson, Legislative Attorney Kristen Busch, Analyst in Science and Technology Policy CRS Report R47884, Identifying Minors Online CRS Legal Sidebar LSB11071, NetChoice v. Bonta and First Amendment Limits on Protecting Children Online CRS Legal Sidebar LSB11020, Online Age Verification (Part I): Current Context CRS Legal Sidebar LSB11021, Online Age Verification (Part II): Constitutional Background CRS Legal Sidebar LSB11022, Online Age Verification (Part III): Select Constitutional Issues CRS Report R47049, Children and the Internet: Legal Considerations in Restricting Access to Content Quantum Information Science and Technology The National Quantum Initiative Act (NQI Act; P.L. 115-368; codified at 15 U.S.C. §§8801 et seq.) was enacted in December 2018 to accelerate quantum research and development (R&D) to ensure the continued U.S. leadership in quantum information science and its technology Congressional Research Service 51 Science and Technology Issues for the 118th Congress applications. The law defines the term quantum information science as “the use of the laws of quantum physics for the storage, transmission, manipulation, computing, or measurement of information.” The interagency National Quantum Initiative—established by the NQI Act—used the term quantum information science and technology (QIST) to refer to the understanding and applications of quantum information science to design new types of computers, networks, and sensors that “enable new speed, precision, or functionality.” Since the enactment of the NQI Act, researchers have made progress in quantum R&D. One notable area is quantum computing. In the Quantum Computing Cybersecurity Preparedness Act (P.L. 117-260), the term quantum computer means a computer that uses the collective quantum properties to perform calculations. Researchers have demonstrated the potential for quantum computers to solve complex computing problems in areas such as cryptography, machine learning, and scientific and engineering research. However, there are practical implementation challenges leading to uncertainty about whether and when quantum computing could be broadly deployed and applied. The authorization of funding for several federal R&D activities under the NQI Act expired in September 2023. The 118th Congress may opt to consider QIST policy issues such as (1) reauthorizing federal R&D activities and support under the NQI Act; (2) ensuring continued U.S. leadership through accelerating near-term applications, developing a robust supply chain, and facilitating workforce development; and (3) assessing and protecting national security interests by addressing risks associated with advances in quantum computing, such as the anticipated compromise of current cryptographic systems. For Further Information Ling Zhu, Analyst in Telecommunications Policy CRS Report R47685, Quantum Computing: Concepts, Current State, and Considerations for Congress CRS Video WVB00612, CRS Science and Technology Series: Quantum Computing Metaverse and Immersive Technologies
Many in Congress have maintained an interest in policy issues related to technologies used to Many in Congress have maintained an interest in policy issues related to technologies used to
access computer-simulated environments and participate in virtual activities on the internet. access computer-simulated environments and participate in virtual activities on the internet.
These technologies show potential to support new ways for users to interact, work, socialize, These technologies show potential to support new ways for users to interact, work, socialize,
transact, and access services in an immersive virtual world, which has come to be called the transact, and access services in an immersive virtual world, which has come to be called the
metaverse. Metaverse services are likely to feature three key characteristics that differentiate them metaverse. Metaverse services are likely to feature three key characteristics that differentiate them
from traditional online applications: (1) an immersive user experience; (2) real-time, persistent from traditional online applications: (1) an immersive user experience; (2) real-time, persistent
network access; and (3) interoperability across networked platforms. Technologies enabling network access; and (3) interoperability across networked platforms. Technologies enabling
metaverse services include extended reality (e.g., augmented reality, mixed reality, and virtual metaverse services include extended reality (e.g., augmented reality, mixed reality, and virtual
reality), advanced wireless communications (e.g., fifth generation and next generation), and reality), advanced wireless communications (e.g., fifth generation and next generation), and
digital assets. digital assets.
Some experts have expressed concerns that the immersive, persistent, and real-time environment Some experts have expressed concerns that the immersive, persistent, and real-time environment
and large-scale, distributed virtual platforms in the metaverse could reproduce and magnify a and large-scale, distributed virtual platforms in the metaverse could reproduce and magnify a
number of existing issues, such as content moderation, data privacy, competition, and digital number of existing issues, such as content moderation, data privacy, competition, and digital
inclusion. Some Members of Congress have shown interest in each of these issues in the context inclusion. Some Members of Congress have shown interest in each of these issues in the context
of existing online platforms and may consider addressing them in the specific context of the of existing online platforms and may consider addressing them in the specific context of the
metaverse. In the recently enacted Research and Development, Competition, and Innovation Act metaverse. In the recently enacted Research and Development, Competition, and Innovation Act
(P.L. 117-167), Congress identifies “immersive technology” among an initial list of 10 “key (P.L. 117-167), Congress identifies “immersive technology” among an initial list of 10 “key
technology focus areas.” The act tasked NSF and other federal agencies with carrying outtechnology focus areas.” The act tasked NSF and other federal agencies with carrying out
~~activities and programs in those focus areas to support research and technology transfer and~~
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activities and programs in those focus areas to support research and technology transfer and increase capabilities to enhance the competitive advantage and leadership of the United States in increase capabilities to enhance the competitive advantage and leadership of the United States in
the global economy. the global economy.
While the development trajectory of the metaverse is uncertain, the 118th Congress may be While the development trajectory of the metaverse is uncertain, the 118th Congress may be
interested in a range of metaverse-related issues as it continues to shape internet and information interested in a range of metaverse-related issues as it continues to shape internet and information
policies. For example, Congress may be concerned about whether the metaverse and other policies. For example, Congress may be concerned about whether the metaverse and other
internet platforms are open, free, interoperable, reliable, and secure and support innovation, internet platforms are open, free, interoperable, reliable, and secure and support innovation,
competition, privacy, and trust. Through oversight of federal agencies such as the National competition, privacy, and trust. Through oversight of federal agencies such as the National
Telecommunications and Information Administration (NTIA), the Federal Communications Telecommunications and Information Administration (NTIA), the Federal Communications
Commission (FCC), and FTC, Congress may wish to Commission (FCC), and FTC, Congress may wish to to address content moderation, data privacy, address content moderation, data privacy,
competition, digital inclusion, and other internet governance issues that could be more competition, digital inclusion, and other internet governance issues that could be more
challenging in the metaverse than on the current internet platforms. Congressional oversight challenging in the metaverse than on the current internet platforms. Congressional oversight
could include assessments of federal investments in immersive technologies and whether they could include assessments of federal investments in immersive technologies and whether they
will enhance and preserve U.S. competitiveness and leadership in the digital economy. will enhance and preserve U.S. competitiveness and leadership in the digital economy.
For Further Information
Ling Zhu, Analyst in Telecommunications Policy Ling Zhu, Analyst in Telecommunications Policy
CRS Report R47224, CRS Report R47224, The Metaverse: Concepts and Issues for Congress
CRS Video WVB00498, CRS Video WVB00498, The Metaverse: Concepts and Policy Issues for Congress
Blockchain and Distributed Ledger Technologies Blockchain is a database technology that records and stores information in blocks of data that are linked, or “chained,” together. This system enables tamper-resistant recordkeeping, generally without a centralized authority or intermediary. Blockchain is one example of the larger family of distributed ledger technologies (DLTs). Since its popularization after the publication of the Bitcoin white paper in 2008, blockchain has been most commonly associated with cryptocurrencies, but more recently, public and private sector actors have used blockchain applications in fields such as supply chain management, asset registration, and digital identity and ownership. The emergence of new blockchain applications—including Web3, non-fungible tokens, decentralized finance, and other novel use cases—have raised policy concerns among some stakeholders, ranging from technological classification to financial regulation and energy consumption. In 2022, President Biden signed Executive Order 14067 on the responsible development of digital assets, which established policy objectives around national security, financial stability, environmental impact, and other issues related to digital assets, but it could also implicate other blockchain applications. The 117th Congress enacted legislation related to blockchain and DLTs. The CHIPS and Science Act (P.L. 117-167) directed the White House OSTP to establish a blockchain and cryptocurrency specialist position. In addition to numerous hearings and bills on the financial regulation of digital assets, the 117th Congress also held blockchain-focused hearings, such as “Cleaning Up Cryptocurrency: The Energy Impacts of Blockchains” and “Securing U.S. Leadership in Emerging Compute Technologies.” The 118th Congress may wish to consider similar legislation to create comprehensive regulatory frameworks for specific blockchain applications, such as digital assets, or oversight actions to influence the future development and growth of distributed ledger technologies. For Further Information Congressional Research Service 53 Science and Technology Issues for the 118th Congress Kristen Busch, Analyst in Science and Technology Policy CRS Report R47064, Blockchain: Novel Provenance Applications CRS Report R47189, Non-Fungible Tokens (NFTs) CRS In Focus IF12075, Web3: A Proposed Blockchain-Based, Decentralized Web CRS Video WVB00495, Boom or Bust? Blockchain Technologies and Policy Issues Evolving Technology and the Debate over “Lawful Access”
Technological advances present both opportunities and challenges for U.S. law enforcement. Technological advances present both opportunities and challenges for U.S. law enforcement.
Some developments have increased the quantity and availability of digital content and Some developments have increased the quantity and availability of digital content and
information for investigators and analysts. Other advances have presented new hurdles for law information for investigators and analysts. Other advances have presented new hurdles for law
enforcement. For example, while some believe that law enforcement now has access to more enforcement. For example, while some believe that law enforcement now has access to more
information than ever before, other observers express concern that law enforcement’s information than ever before, other observers express concern that law enforcement’s
investigative capabilities may be outpaced by the speed of technological change, preventing investigative capabilities may be outpaced by the speed of technological change, preventing
investigators from accessing certain information they may otherwise be authorized to obtain. investigators from accessing certain information they may otherwise be authorized to obtain.
Specifically, law enforcement officials cite strong, end-to-end encryption, or what they have Specifically, law enforcement officials cite strong, end-to-end encryption, or what they have
called called warrant-proof encryption, as preventing lawful access to certain data. Companies encryption, as preventing lawful access to certain data. Companies
employing such strong encryption have stressed they do not hold encryption keys. This means employing such strong encryption have stressed they do not hold encryption keys. This means
they may not be readily able to unlock, or decrypt, the devices or communications—even for law they may not be readily able to unlock, or decrypt, the devices or communications—even for law
enforcement presenting an authorized search warrant or wiretap order. enforcement presenting an authorized search warrant or wiretap order.
The tension between law enforcement capabilities and technological change—including The tension between law enforcement capabilities and technological change—including
sometimes competing pressures for technology companies to provide data to law enforcement as sometimes competing pressures for technology companies to provide data to law enforcement as
well as to secure customer privacy—has received congressional attention for several decades. For well as to secure customer privacy—has received congressional attention for several decades. For
instance, in the 1990s the instance, in the 1990s the crypto wars pitted the federal government against technology pitted the federal government against technology
companies, and this strain was underscored by proposals to build in vulnerabilities, or companies, and this strain was underscored by proposals to build in vulnerabilities, or back doors, ,
to certain encrypted communications devices as well as to restrict the export of strong encryption to certain encrypted communications devices as well as to restrict the export of strong encryption
code. In addition, Congress passed the Communications Assistance for Law Enforcement Act code. In addition, Congress passed the Communications Assistance for Law Enforcement Act
(CALEA; P.L. 103-414) in 1994 to help law enforcement agencies maintain their ability to (CALEA; P.L. 103-414) in 1994 to help law enforcement agencies maintain their ability to
execute authorized electronic surveillance as telecommunications providers turned to digital and execute authorized electronic surveillance as telecommunications providers turned to digital and
wireless technology. More recently, there have been questions about whether CALEA should be wireless technology. More recently, there have been questions about whether CALEA should be
amended to apply to a broader range of entities that provide communications services. amended to apply to a broader range of entities that provide communications services.
The debate over lawful access to information originally focused on data in motion, or law The debate over lawful access to information originally focused on data in motion, or law
enforcement’s ability to intercept real-time communications. More recent technology advances enforcement’s ability to intercept real-time communications. More recent technology advances
have affected law enforcement’s capacity to access not only real-time communications but stored have affected law enforcement’s capacity to access not only real-time communications but stored
content, or data at rest. Some officials have urged the technology community to develop a means content, or data at rest. Some officials have urged the technology community to develop a means
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to assist law enforcement in lawfully accessing certain data. At the same time, law enforcement to assist law enforcement in lawfully accessing certain data. At the same time, law enforcement
entities have taken their own steps to bolster their technology capabilities. The 118th Congress entities have taken their own steps to bolster their technology capabilities. The 118th Congress
may wish to consider possible legislation that would address law enforcement’s concerns and may wish to consider possible legislation that would address law enforcement’s concerns and
customer privacy issues involving access to communications and data. customer privacy issues involving access to communications and data.
For Further Information
Kristin Finklea, Specialist in Domestic Security Kristin Finklea, Specialist in Domestic Security
CRS In Focus IF11769, CRS In Focus IF11769, Law Enforcement and Technology: the “Lawful Access” Debate
Congressional Research Service 54 Science and Technology Issues for the 118th Congress Federal Law Enforcement Use of Facial Recognition Technology In the course of carrying out their law enforcement duties, various federal law enforcement agencies may use facial recognition technology (FRT) for a variety of purposes. This can include generating investigative leads, identifying victims of crimes, helping sort faces in photos that are part of forensic evidence, and helping verify the identity of inmates before they are released from prison. For instance, the Federal Bureau of Investigation (FBI) operates two programs that support law enforcement use of FRT: (1) the Next Generation Identification–Interstate Photo System (NGI-IPS), which largely supports state and local law enforcement; and (2) the Facial Analysis, Comparison, and Evaluation (FACE) Services Unit, which supports FBI investigations. In addition, border enforcement officials use FRT for identity verification purposes. For example, U.S. Customs and Border Protection (CBP) is using FRT to confirm travelers’ identities as part of its biometric entry and exit control system for noncitizen travelers into and out of the country. There are currently no federal laws specifically governing law enforcement’s use of FRT. Guidelines and recommendations regarding law enforcement’s use of FRT have been produced by the Facial Identification Scientific Working Group (FISWG). FISWG is one of the various scientific working groups that support the Organization of Scientific Area Committees for Forensic Science (administered by the National Institute of Standards and Technology), which facilitates standards development, including for FRT. FISWG has published a number of FRT-related guidelines and recommendations for forensic science practitioners. In addition, the FBI maintains a Policy and Implementation Guide for the use of NGI-IPS. Authorized users of NGI-IPS are required to follow these policies as well as certain FISWG standards. Law enforcement use of FRT has been the subject of ongoing congressional attention. Some of the concerns raised revolve around the accuracy of the technology, including potential race-, gender-, and age-related biases; the process of collecting, retaining, and securing facial images; public notification of the use of facial recognition and other image-capturing technology; and policies or standards governing law enforcement agencies’ use of the technology. Some of these concerns have manifested in actions such as federal, state, and city efforts to prohibit or restrict law enforcement agencies’ use of FRT. In addition, some companies producing facial recognition software have placed new barriers to law enforcement using their technologies. For Further Information: Kristin Finklea, Specialist in Domestic Security CRS Video WVB00328, Law Enforcement Use of Facial Recognition Technology Law Enforcement Use of Social Media
As the ways in which individuals interact continue to evolve, social media has had an increasing As the ways in which individuals interact continue to evolve, social media has had an increasing
role in facilitating communication and sharing content online. Law enforcement relies on social role in facilitating communication and sharing content online. Law enforcement relies on social
media as a tool for information sharing as well as for gathering information to assist in media as a tool for information sharing as well as for gathering information to assist in
investigations. For instance, law enforcement may use social media to connect with the investigations. For instance, law enforcement may use social media to connect with the
community, such as pushing out bulletins on wanted persons or establishing tip lines to community, such as pushing out bulletins on wanted persons or establishing tip lines to
crowdsource information. Social media is also an investigative tool that can help establish leads crowdsource information. Social media is also an investigative tool that can help establish leads
and collect evidence on potential suspects. and collect evidence on potential suspects.
There are no federal laws that There are no federal laws that specifically govern law enforcement agencies’ use of information govern law enforcement agencies’ use of information
obtained from social media sites, but their ability to obtain or use certain information may be obtained from social media sites, but their ability to obtain or use certain information may be
influenced by social media companies’ policies, law enforcement agencies’ own social media influenced by social media companies’ policies, law enforcement agencies’ own social media
policies, and the rules of criminal procedure. Law enforcement may require social media policies, and the rules of criminal procedure. Law enforcement may require social media
Congressional Research Service 55 Science and Technology Issues for the 118th Congress platforms to provide access to certain restricted information through a warrant, subpoena, or other platforms to provide access to certain restricted information through a warrant, subpoena, or other
court order. While some have suggested that social media can provide a wealth of information for court order. While some have suggested that social media can provide a wealth of information for
law enforcement and intelligence analysts, some observers have suggested that agencies may be law enforcement and intelligence analysts, some observers have suggested that agencies may be
reluctant to regularly analyze public social media posts for various reasons, including that it could reluctant to regularly analyze public social media posts for various reasons, including that it could
be viewed as spying on the American public and could subsequently chill free speech protected be viewed as spying on the American public and could subsequently chill free speech protected
under the First Amendment. under the First Amendment.
Although there is no specific legislative framework at the federal level that governs law Although there is no specific legislative framework at the federal level that governs law
enforcement use of social media, there are laws and policies governing law enforcement enforcement use of social media, there are laws and policies governing law enforcement
investigations and intelligence gathering broadly. Some observers, however, have questioned investigations and intelligence gathering broadly. Some observers, however, have questioned
whether the nature of social media may place it in a qualitatively different category than law whether the nature of social media may place it in a qualitatively different category than law
enforcement’s use of other investigative tools and have suggested that there should be enhanced enforcement’s use of other investigative tools and have suggested that there should be enhanced
boundaries regarding law enforcement operations that utilize social media. For instance, some boundaries regarding law enforcement operations that utilize social media. For instance, some
have suggested that law enforcement agencies should have written, publicly available policies on have suggested that law enforcement agencies should have written, publicly available policies on
their use of social media; they should obtain local government approval before using these online their use of social media; they should obtain local government approval before using these online
spaces; they should obtain judicial approval for conducting undercover operations using social spaces; they should obtain judicial approval for conducting undercover operations using social
media; there should be restrictions on law enforcement contacting minors via social media; and media; there should be restrictions on law enforcement contacting minors via social media; and
law enforcement’s use of social media should be audited. These types of proposals could be a law enforcement’s use of social media should be audited. These types of proposals could be a
subject of discussion in the 118th Congress. subject of discussion in the 118th Congress.
For Further Information
Kristin Finklea, Specialist in Domestic Security Kristin Finklea, Specialist in Domestic Security
CRS Report R47008, CRS Report R47008, Law Enforcement and Technology: Using Social Media
CRS Insight IN11999, CRS Insight IN11999, Law Enforcement Investigations of Extremist Calls to Action on Social
Media
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~~Blockchain and Distributed Ledger Technologies~~
~~Blockchain is a database technology that records and stores information in blocks of data that are~~
~~linked, or “chained,” together. This system enables tamper-resistant recordkeeping, generally~~
~~without a centralized authority or intermediary. Blockchain is one example of the larger family of~~
~~distributed ledger technologies (DLTs). Since its popularization after the publication of the~~
~~Bitcoin white paper in 2008, blockchain has been most commonly associated with~~
~~cryptocurrencies, but more recently, public and private sector actors have used blockchain~~
~~applications in fields such as supply chain management, asset registration, and digital identity and~~
~~ownership.~~
~~The emergence of new blockchain applications—including Web3, non-fungible tokens,~~
~~decentralized finance, and other novel use cases—have raised policy concerns among some~~
~~stakeholders, ranging from technological classification to financial regulation and energy~~
~~consumption. In 2022, President Biden signed Executive Order 14067 on the responsible~~
~~development of digital assets, which established policy objectives around national security,~~
~~financial stability, environmental impact, and other issues related to digital assets, but it could~~
~~also implicate other blockchain applications.~~
~~The 117th Congress enacted legislation related to blockchain and DLTs. The CHIPS and Science~~
~~Act (P.L. 117-167) directed the White House OSTP to establish a blockchain and cryptocurrency~~
~~specialist position. In addition to numerous hearings and bills on the financial regulation of digital~~
~~assets, the 117th Congress also held blockchain-focused hearings, such as “Cleaning Up~~
~~Cryptocurrency: The Energy Impacts of Blockchains” and “Securing U.S. Leadership in~~
~~Emerging Compute Technologies.”~~
~~The 118th Congress may wish to consider similar legislation to create comprehensive regulatory~~
~~frameworks for specific blockchain applications, such as digital assets, or oversight actions to~~
~~influence the future development and growth of distributed ledger technologies.~~
~~For Further Information~~
~~Kristen Busch, Analyst in Science and Technology Policy~~
CRS Report R47064, Blockchain: Novel Provenance Applications
CRS Report R47189, Non-Fungible Tokens (NFTs)
CRS In Focus IF12075, Web3: A Proposed Blockchain-Based, Decentralized Web
CRS Video WVB00495, Boom or Bust? Blockchain Technologies and Policy Issues
Immigration: Biometric Entry-Exit System The U.S. entry-exit system aids in immigration enforcement, national security, and travel facilitation. In 1996, Congress mandated the development of an entry-exit system to collect the records of noncitizen arrivals and departures. Congress later added a biometric requirement in 2001. The completion of a comprehensive entry-exit system has been a persistent subject of congressional concern. The biographic and biometric entry components are complete and operational at all U.S. air, sea, and land ports of entry (POEs). However, the exit component is in varying degrees of completion depending on mode of travel (air, land, or sea) and the type of information gathered (i.e., biographic vs. biometric data). After piloting various biometric technologies (e.g., fingerprints, facial recognition, iris scans), U.S. Customs and Border Protection determined facial recognition technology (FRT) to be the best fit operationally. CBP, in partnership with the Transportation Security Administration (TSA), uses the Traveler Verification Service (TVS), a facial recognition matching technology to help verify travelers’ identities. TVS is a public-private partnership between the federal government and private airlines, airports, and cruise lines. TVS can perform two types of matching. One-to-many matching compares a live photograph, typically taken by a gate agent, to a gallery of photographs, to see if there is a potential match. The gallery varies by situation and could, for example, consist of photos of all individuals listed on a flight manifest. One-to-one matching compares a person’s live photo to the photo in their travel document. Both types of matching can aid in verifying travelers’ identities. Congressional Research Service 56 Science and Technology Issues for the 118th Congress Some policymakers are concerned about the accuracy of FRT and the security of biometric data, including data storage and the auditing of private partners and contractors who collect these data. Further, though U.S. citizens can opt out of biometric data collection at POEs, some policymakers have expressed interest in how this is communicated to the public. For Further Information Abigail Kolker, Analyst in Immigration Policy CRS Report R47541, Immigration: The U.S. Entry-Exit System Space and Aviation
Congress has historically had a strong interest in space policy and aviation issues. Issues that may Congress has historically had a strong interest in space policy and aviation issues. Issues that may
come before the 118th Congress include the funding and oversight of NASA, issues related to the come before the 118th Congress include the funding and oversight of NASA, issues related to the
commercialization of space, Earth-observing satellites, commercialization of space, Earth-observing satellites, ~~and~~ advanced air mobility technologiesadvanced air mobility technologies, and law enforcement use of drones. .
NASA
Spaceflight has attracted strong congressional interest since the establishment of NASA in 1958. Spaceflight has attracted strong congressional interest since the establishment of NASA in 1958.
Issues facing the 118th Congress include the goals and strategy of NASA’s human spaceflight Issues facing the 118th Congress include the goals and strategy of NASA’s human spaceflight
program, the relationship between NASA and the commercial space sector, and implementation program, the relationship between NASA and the commercial space sector, and implementation
of the NASA Authorization Act of 2022 (Division B, Title VII, of P.L. 117-167, the CHIPS and of the NASA Authorization Act of 2022 (Division B, Title VII, of P.L. 117-167, the CHIPS and
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Science Act). Congress may address these and other topics through oversight hearings, NASA Science Act). Congress may address these and other topics through oversight hearings, NASA
reauthorization legislation, and the annual appropriations process. reauthorization legislation, and the annual appropriations process.
As directed by the NASA Authorization Act of 2010 (P.L. 111-267), NASA is pursuing a two- As directed by the NASA Authorization Act of 2010 (P.L. 111-267), NASA is pursuing a two-
track strategy for human spaceflight. First, for crew transport to low Earth orbit, NASA has been track strategy for human spaceflight. First, for crew transport to low Earth orbit, NASA has been
supporting the development of commercial capabilities. After years of reliance on Russian supporting the development of commercial capabilities. After years of reliance on Russian
spacecraft following the end of the space shuttle program in 2011, in 2020 a NASA-contracted spacecraft following the end of the space shuttle program in 2011, in 2020 a NASA-contracted
U.S. commercial spacecraft carried a crew to the International Space Station (ISS) for the first U.S. commercial spacecraft carried a crew to the International Space Station (ISS) for the first
time. A second commercial crew transport provider is expected to begin operational flights in time. A second commercial crew transport provider is expected to begin operational flights in
2023. 2023.
Second, for human exploration beyond Earth orbit, NASA is developing a crew capsule called Second, for human exploration beyond Earth orbit, NASA is developing a crew capsule called
Orion and a heavy-lift rocket called the Space Launch System (SLS). These are key elements of Orion and a heavy-lift rocket called the Space Launch System (SLS). These are key elements of
the Artemis program for human exploration of the moon and eventually Mars. The first test flight the Artemis program for human exploration of the moon and eventually Mars. The first test flight
of Orion and the SLS occurred in late 2022, and the first test flight with a crew on board is of Orion and the SLS occurred in late 2022, and the first test flight with a crew on board is
expected in expected in ~~2024~~2025. The progress of Orion and SLS testing, the development of other components . The progress of Orion and SLS testing, the development of other components
of Artemis (such as the Human Landing System), and the schedule for an operational Artemis of Artemis (such as the Human Landing System), and the schedule for an operational Artemis
mission including a lunar landing may all draw attention in the 118th Congress. mission including a lunar landing may all draw attention in the 118th Congress.
The relationship between NASA and the commercial space sector continues to evolve. Rather The relationship between NASA and the commercial space sector continues to evolve. Rather
than acquiring government-owned systems, NASA increasingly contracts for commercial than acquiring government-owned systems, NASA increasingly contracts for commercial
services, including crew and cargo transport to the ISS, the Human Landing System, and a services, including crew and cargo transport to the ISS, the Human Landing System, and a
planned sequence of robotic lunar landers. Some in Congress would prefer a more traditional planned sequence of robotic lunar landers. Some in Congress would prefer a more traditional
government-owned approach, especially for systems affecting the safety of astronauts. A related government-owned approach, especially for systems affecting the safety of astronauts. A related
topic is the future of topic is the future of ~~the ISS~~human operations in Earth orbit, which NASA has proposed to transition, which NASA has proposed to transition ~~after 2025~~ to a combination to a combination
of public-private partnerships and commercial service contractsof public-private partnerships and commercial service contracts. by 2030, when the ISS is expected to be discontinued. Congressional Research Service 57 Science and Technology Issues for the 118th Congress
The NASA Authorization Act of 2022 includes policy direction about the Artemis program, the The NASA Authorization Act of 2022 includes policy direction about the Artemis program, the
ISS, NASA programs in science, space technology, STEM education, and other matters. NASA’s ISS, NASA programs in science, space technology, STEM education, and other matters. NASA’s
implementation of that policy direction may be a subject for congressional oversight in the 118th implementation of that policy direction may be a subject for congressional oversight in the 118th
Congress. Congress.
For Further Information
Daniel Morgan, Specialist in Science and Technology Policy Daniel Morgan, Specialist in Science and Technology Policy
Rachel Lindbergh, Analyst in Science and Technology Policy CRS Report R47891, National Aeronautics and Space Administration (NASA): A Primer CRS Report R43419, CRS Report R43419, NASA Appropriations and Authorizations: A Fact Sheet
Section in NASA in CRS Report R47564, Section in NASA in CRS Report R47564, Federal Research and Development (R&D) Funding:
FY2024
Commercial Space
Since the earliest days of spaceflight, U.S. companies have been involved as contractors to Since the earliest days of spaceflight, U.S. companies have been involved as contractors to
government agencies. Increasingly, though, space is becoming commercial. A majority of U.S. government agencies. Increasingly, though, space is becoming commercial. A majority of U.S.
satellites are now commercially owned, providing commercial services, and launched by satellites are now commercially owned, providing commercial services, and launched by
commercial launch providers. Congressional and public interest in space is also becoming more commercial launch providers. Congressional and public interest in space is also becoming more
focused on commercial activities, such as companies flying private individuals into space, focused on commercial activities, such as companies flying private individuals into space,
collecting business data with fleets of small Earth-imaging satellites, or providing timely satellite collecting business data with fleets of small Earth-imaging satellites, or providing timely satellite
images of events in the news such as the war in Ukraine. images of events in the news such as the war in Ukraine.
Some observers have identified a distinct “new space” sector of relatively new companies Some observers have identified a distinct “new space” sector of relatively new companies
focused on private spaceflight at low cost. One factor driving this trend is NASA’s reliance on focused on private spaceflight at low cost. One factor driving this trend is NASA’s reliance on
commercial providers for access to the ISS, but “new space” companies are also focused on other commercial providers for access to the ISS, but “new space” companies are also focused on other
markets. These include the launch of national security satellites for DOD, the launch of markets. These include the launch of national security satellites for DOD, the launch of
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commercial satellites for U.S. and foreign companies, and the provision of commercial services commercial satellites for U.S. and foreign companies, and the provision of commercial services
such as satellite communications and space tourism. such as satellite communications and space tourism.
Multiple federal agencies regulate the commercial space industry, based on statutory authorities Multiple federal agencies regulate the commercial space industry, based on statutory authorities
that were enacted separately and have evolved over time. The Federal Aviation Administration that were enacted separately and have evolved over time. The Federal Aviation Administration
(FAA) licenses commercial launch and reentry vehicles (i.e., rockets and spaceplanes) as well as (FAA) licenses commercial launch and reentry vehicles (i.e., rockets and spaceplanes) as well as
commercial spaceports. NOAA licenses commercial Earth remote sensing satellites. The FCC commercial spaceports. NOAA licenses commercial Earth remote sensing satellites. The FCC
licenses commercial satellite communications. The Departments of Commerce and State license licenses commercial satellite communications. The Departments of Commerce and State license
exports of space technology. In the past few years, several of these agencies have made exports of space technology. In the past few years, several of these agencies have made
significant changes in their regulations affecting commercial space, and additional regulatory significant changes in their regulations affecting commercial space, and additional regulatory
action is underway or expected on topics such as orbital debris and in-space servicing, assembly, action is underway or expected on topics such as orbital debris and in-space servicing, assembly,
and manufacturing. In addition, a statutory moratorium on FAA regulations to protect the health and manufacturing. In addition, a statutory moratorium on FAA regulations to protect the health
and safety of humans aboard commercial spacecraft is and safety of humans aboard commercial spacecraft is ~~set~~scheduled to expire in to expire in ~~October 2023~~2024. The 118th . The 118th
Congress may wish to examine the Congress may wish to examine the potential implementation of these regulatory changes and consider implementation of these regulatory changes and consider
whether additional legislation is requiredwhether additional legislation is required, potentially including renewal of the moratorium. Related ongoing efforts, such as the proposed . Related ongoing efforts, such as the proposed
reorganization of space offices in the Commerce Department, the creation of a new Space Bureau reorganization of space offices in the Commerce Department, the creation of a new Space Bureau
at the FCC, and the shift from DOD to civil responsibility for space situational awareness (e.g., at the FCC, and the shift from DOD to civil responsibility for space situational awareness (e.g.,
issuing alerts when orbiting satellites may be about to collide) are also likely to attract issuing alerts when orbiting satellites may be about to collide) are also likely to attract
congressional attention. congressional attention. ~~Some observers also anticipate new~~Both the Biden Administration and the House Committee on Science, Space, and Technology released legislative proposals legislative proposals in 2023 regarding regarding
mission authorization (i.e., authorities for regulation of emerging mission authorization (i.e., authorities for regulation of emerging Congressional Research Service 58 Science and Technology Issues for the 118th Congress commercial space activities not commercial space activities not
covered by the current licensing regimes)covered by the current licensing regimes), and additional legislative proposals may follow. .
How the federal government makes use of commercial space capabilities continues to evolve. How the federal government makes use of commercial space capabilities continues to evolve.
NASA used to own and operate the space shuttles that contractors built for it, but since 2012 it NASA used to own and operate the space shuttles that contractors built for it, but since 2012 it
has contracted with commercial service providers to deliver cargo into orbit using these has contracted with commercial service providers to deliver cargo into orbit using these
providers’ spacecraft. DOD has its own satellite communications and reconnaissance capabilities. providers’ spacecraft. DOD has its own satellite communications and reconnaissance capabilities.
It also procures communications bandwidth and imagery from commercial satellite companies. It also procures communications bandwidth and imagery from commercial satellite companies.
Agencies are considering a host of new opportunities, including acquisition of weather data from Agencies are considering a host of new opportunities, including acquisition of weather data from
commercial satellites, acquisition of science data from commercial lunar landers, and expanded commercial satellites, acquisition of science data from commercial lunar landers, and expanded
commercial utilization of the ISS for technology development and demonstration as well as other commercial utilization of the ISS for technology development and demonstration as well as other
purposes. The 118th Congress may address these developments primarily through oversight of purposes. The 118th Congress may address these developments primarily through oversight of
agency programs and decisions on agency budgets. agency programs and decisions on agency budgets.
For Further Information
Daniel Morgan, Specialist in Science and Technology Policy Daniel Morgan, Specialist in Science and Technology Policy
Rachel Lindbergh, Analyst in Science and Technology Policy Rachel Lindbergh, Analyst in Science and Technology Policy
CRS In Focus IF12508, CRS In Focus IF12508, Commercial Human Spaceflight Safety Regulations
CRS Video WVB00629, CRS Video WVB00629, Disruptive Technology Series: Space Debris: Preventing It, Avoiding It,
and Removing It
CRS In Focus IF11940, CRS In Focus IF11940, Commercial Human Spaceflight
CRS In Focus IF12403, CRS In Focus IF12403, Commercial Space Launch and the April 2023 Starship Mishap
CRS Report WPD00053, CRS Report WPD00053, CRS Science and Technology Podcast: Commercial Space Launch
Civil Earth-Observing Satellites
~~The constellation of civil Earth-observing satellites launched and operated by the U.S.~~
~~government performs~~U.S government Earth-observing satellites collect a wide range of a wide range of ~~observational and data collecting activities~~observations and data. These activities . These activities
include measuring the change in mass of polar ice sheets, wind speeds over the ocean, include measuring the change in mass of polar ice sheets, wind speeds over the ocean, ~~and land~~
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~~cover change, as well as the more familiar daily measurements of key atmospheric parameters~~
~~that enable modern~~ and land cover change, as well as the daily atmospheric measurements that enable weather forecasts and storm prediction. Satellite observations weather forecasts and storm prediction. Satellite observations ~~of Earth’s ocean~~
~~and land surface help with short-term seasonal forecasts of El Niño and La Niña conditions,~~
contribute to a wide range of activities and products including short-term seasonal forecasts, which are valuable to U.S. agriculture and which are valuable to U.S. agriculture and commodity interests; wildfire detection and monitoring, which can assist firefighting and mitigation; and global climate modeling~~commodity interests; identification of the location and~~
~~size of wildfires, which can assist firefighting crews and mitigation activities; and long-term~~
~~observational data on the global climate, which are used in models to assess the degree and~~
~~magnitude of current and future climate change and its impacts~~. .
Congress continues to be interested in the performance of NASA, NOAA, and USGS in building Congress continues to be interested in the performance of NASA, NOAA, and USGS in building
and operating Earth-observing satellites. NASA’s Earth-observing satellites are primarily for and operating Earth-observing satellites. NASA’s Earth-observing satellites are primarily for
researchresearch ~~purposes~~, but some of the data they provide are also used operationally. Congress has , but some of the data they provide are also used operationally. Congress has
often taken an interest in the relationship between NASA’s Earth Science research program and often taken an interest in the relationship between NASA’s Earth Science research program and
the operational programs at NOAA and USGS. Congress is also interested in the agencies’ ability the operational programs at NOAA and USGS. Congress is also interested in the agencies’ ability
~~to continually~~ to improve satellite improve satellite ~~technology and~~ capabilities and keep to budgets and schedulescapabilities and keep to budgets and schedules so
~~that critical space-based observations are not missed due to cost overruns and delays~~. .
Congressional interest in NOAA in the 118th Congress is likely to focus on the Congressional interest in NOAA in the 118th Congress is likely to focus on the ~~congressionally~~
~~approved restructuring of the National Environmental Satellite, Data, and Information Service,~~
~~the~~ ongoing development of the Geostationary Operational Environmental ongoing development of the Geostationary Operational Environmental ~~Satellite~~Satellites (GOES) and (GOES) and
Joint Polar Satellite System (JPSS) weather satellites, and plans for Joint Polar Satellite System (JPSS) weather satellites, and plans for ~~other future satellites. NOAA~~
~~has launched several GOES satellites in the past few years, including GOES-16 in 2016, GOES-~~
~~17 in 2018, and GOES-18 in 2022. NOAA expects to launch the last satellite in the series (GOES-~~
~~U) in 2024. Three polar-orbiting JPSS satellites—Suomi National Polar-orbiting Partnership,~~
~~NOAA-20, and JPSS-2—are currently flying. NOAA is on schedule to launch two additional~~
~~satellites in this system (JPSS-3 and JPSS-4) in 2028 and 2032, respectively. Future NOAA~~
~~Earth-observing satellite coverage includes the Geostationary Extended Observations program,~~
~~among others~~future satellites (Geostationary Extended Observations, GeoXO; and additional JPSS satellites). The 118th Congress may continue to require updates on NOAA satellite design, . The 118th Congress may continue to require updates on NOAA satellite design,
construction, and budget and timelines for operations, as indicated in explanatory language construction, and budget and timelines for operations, as indicated in explanatory language
accompanying recent annual appropriations legislation. Congress may also wish to provide accompanying recent annual appropriations legislation. Congress may also wish to provide
oversight of NOAA’s partnerships with NASA, oversight of NOAA’s partnerships with NASA, ~~other agencies, and the commercial sector in the~~
~~development and deployment of polar-orbiting and geostationary satellites.~~including NASA’s Joint Agency Satellite Division, other agencies, and the commercial sector. Congressional Research Service 59 Science and Technology Issues for the 118th Congress
In September 2021, NASA and the USGS launched Landsat 9, the latest satellite in a series that In September 2021, NASA and the USGS launched Landsat 9, the latest satellite in a series that
began in 1972, to provide medium-resolution images of Earth’s surface. Landsat 9 began in 1972, to provide medium-resolution images of Earth’s surface. Landsat 9 iswas essentially essentially a a
rebuild of Landsat 8. Together, they acquire around 1,500 images of Earth per day, with a repeat rebuild of Landsat 8. Together, they acquire around 1,500 images of Earth per day, with a repeat
visit every visit every ~~eight~~8 days, on average. In December 2022, NASA and the USGS presented initial details about Landsat Next, the next proposed launch in the Landsat series. Landsat Next is planned to be a constellation of three observatories, to be sent into orbit on the same launch vehicle in late 2030. The constellation is to collectively improve the temporal, spatial, and spectral resolutions by two to three times compared to Landsat 8 and 9, while maintaining radiometric resolution. Congress may debate the sufficient amount and timing of funding for both agencies to support the Landsat series. Congress also may consider conducting oversight of mission progress to ensure Landsat Next meets user needs and requirements and the desired launch date. For Further Information Eva Lipiec, Specialist in Natural Resources Policy Anna E. Normand, Specialist ~~days, on average. The 118th Congress may wish to consider the future of the~~
~~Sustainable Land Imaging Program under which NASA and the USGS develop, launch, and~~
~~operate Landsat satellites, including Landsat Next, the mission planned to follow Landsat 9.~~
~~When considering the agencies’ forthcoming proposal for Landsat Next, the 118th Congress may~~
~~consider whether to pursue the development of another satellite similar to Landsat 9 or to explore~~
~~alternatives, such as technological improvements, cost-saving opportunities, public-private~~
~~partnerships, and international cooperation and data sharing.~~
~~For Further Information~~
~~Eva Lipiec, Analyst in Natural Resources Policy~~
~~Anna E. Normand, Analyst~~ in Natural Resources Policy in Natural Resources Policy
Daniel Morgan, Specialist in Science and Technology Policy Daniel Morgan, Specialist in Science and Technology Policy
Caitlin Keating-Bitonti, Analyst in Natural Resources Policy Caitlin Keating-Bitonti, Analyst in Natural Resources Policy
CRS CRS Report R46560, Landsat 9 and the Future of the Sustainable Land Imaging Program
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CRS Report R47021, Federal Involvement in Ocean-Based Research and Development
~~CRS In Focus IF12358,~~ ~~The U.S. Geological Survey (USGS): Background and FY2024~~
~~Appropriations~~
~~CRS In Focus IF12406,~~ ~~National Oceanic and Atmospheric Administration (NOAA) FY2024~~
~~Budget Request and Appropriations~~
CRS Report R43419, NASA Appropriations and Authorizations: A Fact SheetIn Focus IF12156, National Oceanic and Atmospheric Administration (NOAA) FY2023 Budget Request and Appropriations CRS In Focus IF12406, National Oceanic and Atmospheric Administration (NOAA) FY2024 Budget Request and Appropriations CRS Insight IN12281, Landsat Next on the Horizon CRS Report R43419, NASA Appropriations and Authorizations: A Fact Sheet CRS Report R47021, Federal Involvement in Ocean-Based Research and Development
Advanced Air Mobility
Advanced Air Mobility (AAM) refers to a novel transportation system for flying passengers and Advanced Air Mobility (AAM) refers to a novel transportation system for flying passengers and
cargo, typically over relatively short distances ranging from about 10 miles up to roughly 150 cargo, typically over relatively short distances ranging from about 10 miles up to roughly 150
miles, using advanced aircraft technologies, principally electric aircraft and aircraft with vertical miles, using advanced aircraft technologies, principally electric aircraft and aircraft with vertical
takeoff and landing capabilities. Future AAM aircraft are envisioned to operate similarly to takeoff and landing capabilities. Future AAM aircraft are envisioned to operate similarly to
remotely operated or highly autonomous drones, although initially flights will be piloted. The remotely operated or highly autonomous drones, although initially flights will be piloted. The
future introduction of AAM concepts using small electric-powered vertical takeoff and landing future introduction of AAM concepts using small electric-powered vertical takeoff and landing
(eVTOL) aircraft poses unique challenges to address the regulation and management of low (eVTOL) aircraft poses unique challenges to address the regulation and management of low
altitude airspace, flight procedures, infrastructure needs, and related policy issues. altitude airspace, flight procedures, infrastructure needs, and related policy issues.
The AAM concept was first introduced in 2016 with visions of an on-demand urban air The AAM concept was first introduced in 2016 with visions of an on-demand urban air
transportation system operating eVTOL aircraft using a network of vertiports (VTOL hubs with transportation system operating eVTOL aircraft using a network of vertiports (VTOL hubs with
multiple VTOL pads and charging infrastructure) and smaller single pad vertistops located in multiple VTOL pads and charging infrastructure) and smaller single pad vertistops located in
urban and suburban settings. The use cases for eVTOL aircraft have since expanded to include urban and suburban settings. The use cases for eVTOL aircraft have since expanded to include
regional passenger operations to and from small airports; air cargo deliveries; public service regional passenger operations to and from small airports; air cargo deliveries; public service
operations such as police, fire, and medical services; agricultural operations such as crop dusting; operations such as police, fire, and medical services; agricultural operations such as crop dusting;
and private and recreational flights. and private and recreational flights.
A number of companies are engaged in R&D of marketable passenger-carrying AAM vehicles A number of companies are engaged in R&D of marketable passenger-carrying AAM vehicles
capable of carrying from two to about eight people. The end goal of these projects is to develop capable of carrying from two to about eight people. The end goal of these projects is to develop
uncrewed and largely autonomous AAM vehicles and supporting infrastructure, although initially uncrewed and largely autonomous AAM vehicles and supporting infrastructure, although initially
Congressional Research Service 60 Science and Technology Issues for the 118th Congress flights will be piloted. Future AAM concepts for passenger-carrying operations are envisioned to flights will be piloted. Future AAM concepts for passenger-carrying operations are envisioned to
function in a manner similar to concepts being developed for self-driving vehicles deployed in function in a manner similar to concepts being developed for self-driving vehicles deployed in
taxi fleets and ride-share systems: A passenger would simply input an origin and a destination taxi fleets and ride-share systems: A passenger would simply input an origin and a destination
into an application interface, and AI built into a connected reservation system and integrated with into an application interface, and AI built into a connected reservation system and integrated with
computers onboard the vehicle would handle scheduling, logistics, navigation, and flight computers onboard the vehicle would handle scheduling, logistics, navigation, and flight
guidance. guidance.
There are a number of complex technical challenges related to operational safety and efficiency There are a number of complex technical challenges related to operational safety and efficiency
and the development of ground infrastructure to support AAM operations and electric aircraft. and the development of ground infrastructure to support AAM operations and electric aircraft.
Additionally, the future introduction of AAM technologies raises a number of policy issues, Additionally, the future introduction of AAM technologies raises a number of policy issues,
including potential landowner rights to low altitude airspace over their properties; noise and including potential landowner rights to low altitude airspace over their properties; noise and
privacy concerns; and the appropriate role of federal, state, and local governments and private privacy concerns; and the appropriate role of federal, state, and local governments and private
industry stakeholders in accessing, regulating, and managing airspace and flight operations. industry stakeholders in accessing, regulating, and managing airspace and flight operations.
Congress has expressed support for promoting and fostering AAM concepts and addressing Congress has expressed support for promoting and fostering AAM concepts and addressing
policy issues regarding this emerging technology. The Advanced Air Mobility Coordination and policy issues regarding this emerging technology. The Advanced Air Mobility Coordination and
Leadership Act (P.L. 117-203) mandated the establishment of a federal working group to develop Leadership Act (P.L. 117-203) mandated the establishment of a federal working group to develop
a national strategy for AAM. It also requires a Government Accountability Office study assessing a national strategy for AAM. It also requires a Government Accountability Office study assessing
the interests, roles, and responsibilities of federal, state, local, and tribal governments regarding the interests, roles, and responsibilities of federal, state, local, and tribal governments regarding
AAM aircraft and operations. AAM aircraft and operations.
For Further Information Bart Elias, Specialist in Aviation Policy CRS Report R42781, Federal Civil Aviation Programs: In Brief Law Enforcement Use of Unmanned Aircraft Systems Alongside growth in the use of unmanned aircraft systems (UAS), commonly referred to as drones, for both commercial and recreational purposes, law enforcement agencies’ use of this technology has been increasing. Agencies use drones for a variety of purposes from gathering intelligence and evidence to providing for remote communication and operational support. There is currently no specific legislative framework that governs federal law enforcement use of drones. Generally, federal law does not direct or prohibit specific tools and technologies—such as UAS—used by federal law enforcement agencies. Rather, there are federal laws and policies broadly governing law enforcement investigations and intelligence gathering. Additionally, there are policies directing the use of drones by federal agencies, including law enforcement, and pertinent guidance resources such as the 2015 presidential memorandum, Promoting Economic Competitiveness While Safeguarding Privacy, Civil Rights, and Civil Liberties in Domestic Use of Unmanned Aircraft Systems, that placed certain requirements on executive departments and agencies—including law enforcement agencies—that use UAS. Some observers have raised concerns that law enforcement use of drones could infringe upon individuals’ privacy or could chill free speech—such as in situations where law enforcement may fly drones over First Amendment-protected activities. Others argue that drone use can greatly enhance public safety and national security—including using them as first responders. Policymakers may debate the tradeoffs as they conduct oversight or legislate on law enforcement use of UAS. For example, in conducting oversight of federal law enforcement use of UAS, key considerations policymakers may examine include the extent to which agencies adhere to the 2015 presidential memorandum on UAS or to their department- or agency-specific policy guidance. With respect to legislating on law enforcement use of UAS, while Congress can legislate directly on federal law enforcement agencies' use of the technology, policymakers may Congressional Research Service 61~~Congressional Research Service~~

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Science and Technology Issues for the 118th Congress

~~For Further Information~~
~~Bart Elias, Specialist in Aviation Policy~~
CRS Report R42781, Federal Civil Aviation Programs: In Briefseek to influence the use of UAS at the state, local, and tribal law enforcement levels through means such as the provision or withholding of federal grant funding. For Further Information: Kristin Finklea, Specialist in Domestic Security CRS Report R47660, Law Enforcement and Technology: Use of Unmanned Aircraft Systems
Telecommunications
Telecommunication technologies present several issues for policymakers in the 118th Congress, Telecommunication technologies present several issues for policymakers in the 118th Congress,
including those related to 5G technologies, broadband deployment and the digital divide, including those related to 5G technologies, broadband deployment and the digital divide,
undersea cables, federal spectrum auctions and allocations, and FCC and NTIA spectrum undersea cables, federal spectrum auctions and allocations, and FCC and NTIA spectrum
programs. programs.
5G Telecommunications Technologies
Wireless providers are upgrading to fifth-generation (5G) telecommunication technologies, as 5G Wireless providers are upgrading to fifth-generation (5G) telecommunication technologies, as 5G
promises faster speeds, more bandwidth, greater interconnectedness of devices, and less lag time promises faster speeds, more bandwidth, greater interconnectedness of devices, and less lag time
for users, including consumers, businesses, government, and military users. Recognizing that U.S. for users, including consumers, businesses, government, and military users. Recognizing that U.S.
leadership in fourth-generation technologies yielded significant economic gains for the country, leadership in fourth-generation technologies yielded significant economic gains for the country,
Congress in general has taken action to accelerate the deployment of secure 5G networks. Congress in general has taken action to accelerate the deployment of secure 5G networks.
The 118th Congress may continue to focus on U.S. leadership in 5G, U.S. competitiveness with The 118th Congress may continue to focus on U.S. leadership in 5G, U.S. competitiveness with
China, and security of 5G networks in the United States and abroad. It may wish to consider China, and security of 5G networks in the United States and abroad. It may wish to consider
legislation to provide additional funding to the Secure and Trusted Communications Network legislation to provide additional funding to the Secure and Trusted Communications Network
Reimbursement Program, established in P.L. 116-124 to fund the replacement of Chinese Reimbursement Program, established in P.L. 116-124 to fund the replacement of Chinese
equipment (i.e., Huawei and ZTE equipment) in U.S. networks. In December 2020 (P.L. 116-equipment (i.e., Huawei and ZTE equipment) in U.S. networks. In December 2020 (P.L. 116-
260), Congress appropriated $1.9 billion to the FCC for the program. The FCC received $4.98 260), Congress appropriated $1.9 billion to the FCC for the program. The FCC received $4.98
billion in requests from companies seeking to replace untrusted equipment in their networks. billion in requests from companies seeking to replace untrusted equipment in their networks.
Congress may also wish to continue its oversight of restrictions imposed under Section 889 of the Congress may also wish to continue its oversight of restrictions imposed under Section 889 of the
John S. McCain National Defense Authorization Act for FY2019 (P.L. 115-232), enacted August John S. McCain National Defense Authorization Act for FY2019 (P.L. 115-232), enacted August
13, 2018. Within one year of enactment, the act restricts federal agencies from purchasing 13, 2018. Within one year of enactment, the act restricts federal agencies from purchasing
“covered” (i.e., Chinese) telecommunications and video surveillance equipment and services due “covered” (i.e., Chinese) telecommunications and video surveillance equipment and services due
to national and cybersecurity concerns. Within two years of enactment, the act restricts U.S. to national and cybersecurity concerns. Within two years of enactment, the act restricts U.S.
agencies from doing business with companies that use covered equipment and restricts the use of agencies from doing business with companies that use covered equipment and restricts the use of
federal grant and loan funds for covered equipment. Some agencies, such as DOD and the U.S. federal grant and loan funds for covered equipment. Some agencies, such as DOD and the U.S.
Agency for International Development (USAID), received waivers from the restrictions, Agency for International Development (USAID), received waivers from the restrictions,
providing them additional time to implement these provisions. DOD’s waiver expired on providing them additional time to implement these provisions. DOD’s waiver expired on
September 30, 2022, and USAID’s limited waiver is to expire on September 30, 2028. Congress September 30, 2022, and USAID’s limited waiver is to expire on September 30, 2028. Congress
may choose to continue its oversight of agency implementation of these provisions and consider may choose to continue its oversight of agency implementation of these provisions and consider
the impact of the restrictions on the U.S. telecommunications industry, equipment users (e.g., the impact of the restrictions on the U.S. telecommunications industry, equipment users (e.g.,
defense industry, universities, international nonprofits), and security of U.S. networks. defense industry, universities, international nonprofits), and security of U.S. networks.
Congress may also wish to assess progress on existing 5G R&D programs in DOD, NIST, and Congress may also wish to assess progress on existing 5G R&D programs in DOD, NIST, and
NSF and new programs funded under the CHIPS and Science Act of 2022 (P.L. 116-283), which NSF and new programs funded under the CHIPS and Science Act of 2022 (P.L. 116-283), which
provided $1.5 billion to NTIA for the Public Wireless Supply Chain Innovation Fund to develop provided $1.5 billion to NTIA for the Public Wireless Supply Chain Innovation Fund to develop
open and interoperable network solutions (e.g., Open Radio Access Network technologies). open and interoperable network solutions (e.g., Open Radio Access Network technologies).
Congressional Research Service 62 Science and Technology Issues for the 118th Congress The 118th Congress may be interested in monitoring the deployment of 5G in rural regions The 118th Congress may be interested in monitoring the deployment of 5G in rural regions
through oversight of the recent funding programs in IIJA (P.L. 117-58) and the FCC’s 5G Fund through oversight of the recent funding programs in IIJA (P.L. 117-58) and the FCC’s 5G Fund
for Rural America, which is expected to be awarded after the FCC finalizes its broadband maps. for Rural America, which is expected to be awarded after the FCC finalizes its broadband maps.
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For Further Information
Jill Gallagher, Analyst in Telecommunications Policy Jill Gallagher, Analyst in Telecommunications Policy
CRS In Focus IF12465, CRS In Focus IF12465, 5G Fund for Rural America: Current Status and Issues
CRS Report R47012, CRS Report R47012, U.S. Restrictions on Huawei Technologies: National Security, Foreign
Policy, and Economic Interests
CRS Insight IN11663, CRS Insight IN11663, Secure and Trusted Communications Networks Reimbursement Program:
Frequently Asked Questions
Broadband Deployment and the Digital Divide
Broadband internet service is delivered through a variety of technologies and allows users to send Broadband internet service is delivered through a variety of technologies and allows users to send
and receive data at volumes and speeds that support a wide range of applications. Broadband and receive data at volumes and speeds that support a wide range of applications. Broadband
technologies are technologies are ~~currently~~ being deployed throughout the United Statesbeing deployed throughout the United States~~, primarily by the private~~
~~sector~~. While broadband deployment continues to progress, there are communities that lack . While broadband deployment continues to progress, there are communities that lack
broadband services entirely or lack affordable broadband service options. These communities are broadband services entirely or lack affordable broadband service options. These communities are
typically in rural and tribal areas but may also be in urban areas. The gap between those who have typically in rural and tribal areas but may also be in urban areas. The gap between those who have
access to broadband internet services and those who do not isaccess to broadband internet services and those who do not is ~~often termed the “digital divide.”~~
~~As classrooms, workplaces, and social activities migrated online during the COVID-19 pandemic,~~
~~the digital divide became increasingly apparent.~~ termed the "digital divide." The 117th Congress passed two bills—the The 117th Congress passed two bills—the
American Rescue Plan Act of 2021 (P.L. 117-2) and American Rescue Plan Act of 2021 (P.L. 117-2) and ~~IIJA (~~Infrastructure Investment and Jobs Act (IIJA; P.L. 117-58)—which included P.L. 117-58)—which included
broadband appropriations aimed at addressing the digital divide. broadband appropriations aimed at addressing the digital divide.
The The single largest federal broadband grant program is the Broadband Equity, Access, and Deployment largest federal broadband grant program is the Broadband Equity, Access, and Deployment
(BEAD) program under the IIJA. This program provides $42.45 billion to states and territories for (BEAD) program under the IIJA. This program provides $42.45 billion to states and territories for
broadband deployment, connectivity, mapping, and adoption projects. The BEAD program is broadband deployment, connectivity, mapping, and adoption projects. The BEAD program is
among a total of $48 billion broadband grants administered by among a total of $48 billion broadband grants administered by ~~NTIA~~National Telecommunications and Information Administration (NTIA) under the IIJA. The calendar under the IIJA. The calendar
~~years of 2023 and~~year of 2024 will be a critical implementation window for 2024 will be a critical implementation window for many of these grants, as NTIA will these grants, as NTIA will
review applications and distribute significant portions of the funding. review applications and distribute significant portions of the funding.
The 118th Congress could consider a range of broadband-related issues as it continues to address The 118th Congress could consider a range of broadband-related issues as it continues to address
the digital divide. These include ongoing funding for the broadband programs of the digital divide. These include ongoing funding for the broadband programs of ~~USDA~~U.S. Department of Agriculture’s Rural ’s Rural
Utilities ServiceUtilities Service,; the future of the the future of the ~~FCC’s~~ Federal Communications Commission's long-standing Universal Service Fund broadband long-standing Universal Service Fund broadband
~~programs,~~programs and funding for the Affordable Connectivity Program; oversight of broadband investments under the IIJA oversight of broadband investments under the IIJA,; adequacy of the currently adequacy of the currently
established benchmark broadband speedestablished benchmark broadband speed,; sufficiency of mapping efforts pursuant to the sufficiency of mapping efforts pursuant to the
Broadband Deployment Accuracy and Technological Availability Act (P.L. 116-130)Broadband Deployment Accuracy and Technological Availability Act (P.L. 116-130),; streamlining streamlining
broadband deployment regulationbroadband deployment regulation,; potential broadband workforce challenges potential broadband workforce challenges,; how new how new
broadband technologies may increase coveragebroadband technologies may increase coverage,; and the role of municipalities as broadband and the role of municipalities as broadband
providers. providers.
For Further Information
Colby Rachfal, Colby Rachfal, ~~Analyst~~Specialist in Telecommunications Policy in Telecommunications Policy
Ling Zhu, Analyst in Telecommunications Policy Ling Zhu, Analyst in Telecommunications Policy
~~Patricia Moloney Figliola, Specialist in Internet and Telecommunications Policy~~
Lisa Benson, Specialist in Agricultural Policy Congressional Research Service 63 Science and Technology Issues for the 118th Congress Patricia Moloney Figliola, Specialist in Internet and Telecommunications Policy CRS Report R47883, Federal Funding for Broadband Deployment: Agencies and Considerations for Congress CRS In Focus IF12041, Farm Bill Primer: Rural Broadband Provisions CRS Report R47621, CRS Report R47621, The Future of the Universal Service Fund and Related Broadband
Programs
CRS In Focus IF12429, CRS In Focus IF12429, Broadband Equity, Access, and Deployment (BEAD) Program: Issues
and Congressional Considerations
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CRS In Focus IF12559, Legacy Lead-Sheathed Telecommunications Cables: Status and Issues for Congress CRS Report WPD00062, CRS Report WPD00062, Science and Technology Podcast: Broadband Equity, Access, and
Deployment (BEAD) Program
CRS Video WVB00600, CRS Video WVB00600, Science and Technology Q&A: Broadband Equity, Access, and
Deployment (BEAD) Program
CRS In Focus IF12298, CRS In Focus IF12298, FCC’s National Broadband Map: Implications for the Broadband Equity,
Access, and Deployment (BEAD) Program
CRS Report R47506, CRS Report R47506, The Persistent Digital Divide: Selected Broadband Deployment Issues and
Policy Considerations
CRS In Focus IF12441, CRS In Focus IF12441, Fixed Technologies Used to Deliver Broadband Service: A Primer and
Considerations for Congress
CRS Report R46896, CRS Report R46896, Low Earth Orbit Satellites: Potential to Address the Broadband Digital
Divide
CRS Report R46967, CRS Report R46967, The Infrastructure Investment and Jobs Act (P.L. 117-58): Summary of the
Broadband Provisions in Division F
CRS Report R47075, CRS Report R47075, The National Telecommunications and Information Administration (NTIA):
Current Roles and Programs
CRS Report R47225, CRS Report R47225, Expanding Broadband: Potential Role of Municipal Networks to Address
the Digital Divide
CRS In Focus IF12030, CRS In Focus IF12030, The Broadband Digital Divide: What Comes Next for Congress?
CRS In Focus IF12111, CRS In Focus IF12111, Bridging the Digital Divide: Broadband Workforce Considerations for
the 118th Congress
Undersea Telecommunication Cables
Commercial undersea telecommunication cables, which are privately owned and operated, carry Commercial undersea telecommunication cables, which are privately owned and operated, carry
approximately 99% of transoceanic digital communications (e.g., voice, data, internet), including approximately 99% of transoceanic digital communications (e.g., voice, data, internet), including
international financial transactions, and serve as the physical backbone for the internet. Recent international financial transactions, and serve as the physical backbone for the internet. Recent
incidents involving cables—damage from a volcanic eruption in Tonga that damaged an undersea incidents involving cables—damage from a volcanic eruption in Tonga that damaged an undersea
telecommunication cable, an attempted cybersecurity attack on a third-party system connected to telecommunication cable, an attempted cybersecurity attack on a third-party system connected to
an undersea cable in Hawaii, and threats from Russian ships near cables that enable an undersea cable in Hawaii, and threats from Russian ships near cables that enable
communications among North Atlantic Treaty Organization nations—have raised concern among communications among North Atlantic Treaty Organization nations—have raised concern among
U.S. officials. The U.S. government has strengthened processes for reviewing foreign ownership U.S. officials. The U.S. government has strengthened processes for reviewing foreign ownership
Congressional Research Service 64 Science and Technology Issues for the 118th Congress interest of cables landing in the United States, denied approval of a license application for a cable interest of cables landing in the United States, denied approval of a license application for a cable
connecting the United States to China, restricted the use of untrusted equipment in undersea connecting the United States to China, restricted the use of untrusted equipment in undersea
cables, established an outage reporting system for cables, and expanded its cable repair fleet. cables, established an outage reporting system for cables, and expanded its cable repair fleet.
The 118th Congress may wish to consider previous policies and recommendations to strengthen The 118th Congress may wish to consider previous policies and recommendations to strengthen
cable security, including increased U.S. government oversight. A 2017 report found that the cable security, including increased U.S. government oversight. A 2017 report found that the
majority of disruptions are caused by human activity (e.g., fishing, anchoring) and natural majority of disruptions are caused by human activity (e.g., fishing, anchoring) and natural
disasters, with new cybersecurity risks emerging. An FCC advisory committee identified a need disasters, with new cybersecurity risks emerging. An FCC advisory committee identified a need
for a lead agency to coordinate U.S. government agency review of cable landing applications, for a lead agency to coordinate U.S. government agency review of cable landing applications,
facilitate communication between the U.S. government and private sector owners, promote facilitate communication between the U.S. government and private sector owners, promote
protection standards (e.g., protection zones, spatial separation), and participate in international protection standards (e.g., protection zones, spatial separation), and participate in international
cable protection organizations. cable protection organizations.
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For Further Information
Jill Gallagher, Analyst in Telecommunications Policy Jill Gallagher, Analyst in Telecommunications Policy
CRS Report R47648, CRS Report R47648, Protection of Undersea Telecommunication Cables: Issues for Congress
CRS Report R47237, CRS Report R47237, Undersea Telecommunication Cables: Technology Overview and Issues for
Congress
FCC Spectrum Allocation and Interference Concerns
Radio spectrum consists of frequencies of electromagnetic radiation that are allocated for various Radio spectrum consists of frequencies of electromagnetic radiation that are allocated for various
wireless services, including mobile communications, radar systems, satellites, navigation systems, wireless services, including mobile communications, radar systems, satellites, navigation systems,
and radio and television broadcasting. It is a critical and limited resource for a nation’s economic and radio and television broadcasting. It is a critical and limited resource for a nation’s economic
well-being. well-being.
The FCC, an independent agency, manages nonfederal use of the radio spectrum. The FCC The FCC, an independent agency, manages nonfederal use of the radio spectrum. The FCC
allocates segments of spectrum for various uses, such as radio broadcasting, mobile allocates segments of spectrum for various uses, such as radio broadcasting, mobile
communications, and satellite services. It grants licenses to nonfederal entities to use specific communications, and satellite services. It grants licenses to nonfederal entities to use specific
frequencies within those bands and sets terms and conditions on use to serve the public interest, frequencies within those bands and sets terms and conditions on use to serve the public interest,
avoid interference between users, and promote the most efficient use of spectrum. NTIA, an avoid interference between users, and promote the most efficient use of spectrum. NTIA, an
agency of the Department of Commerce, manages federal use of radio spectrum. Together, the agency of the Department of Commerce, manages federal use of radio spectrum. Together, the
two agencies manage use of the nation’s spectrum. two agencies manage use of the nation’s spectrum.
Since much of the radio spectrum is already in use by federal and nonfederal users, finding Since much of the radio spectrum is already in use by federal and nonfederal users, finding
spectrum for new wireless technologies is challenging. The FCC has taken action to allocate spectrum for new wireless technologies is challenging. The FCC has taken action to allocate
spectrum for 5G wireless communications, holding auctions of several spectrum bands to grant spectrum for 5G wireless communications, holding auctions of several spectrum bands to grant
licenses to the highest bidders, to support 5G deployment and development of 5G technologies, licenses to the highest bidders, to support 5G deployment and development of 5G technologies,
and to promote U.S. competitiveness in telecommunications. However, in some instances, and to promote U.S. competitiveness in telecommunications. However, in some instances,
incumbent users, including federal agencies, lost spectrum to 5G, while others raised concerns incumbent users, including federal agencies, lost spectrum to 5G, while others raised concerns
that 5G use would cause interference with mission-essential functions in nearby bands. Congress that 5G use would cause interference with mission-essential functions in nearby bands. Congress
has pressed for greater coordination between the FCC and NTIA and the development of a long-has pressed for greater coordination between the FCC and NTIA and the development of a long-
term spectrum strategy to identify bands for next generation technologies while also protecting term spectrum strategy to identify bands for next generation technologies while also protecting
federal use. federal use.
The 118th Congress may wish to consider options that address both the economic benefits of The 118th Congress may wish to consider options that address both the economic benefits of
expanded 5G deployment and federal agency concerns about the impact of 5G use on agency expanded 5G deployment and federal agency concerns about the impact of 5G use on agency
missions. The 118th Congress may consider designating bands for auction or authorizing the FCC missions. The 118th Congress may consider designating bands for auction or authorizing the FCC
to auction bands for 5G and next generation technologies. Other potential actions could include to auction bands for 5G and next generation technologies. Other potential actions could include
funding or incentivizing private investment in R&D of spectrum-sharing capabilities, interference funding or incentivizing private investment in R&D of spectrum-sharing capabilities, interference
Congressional Research Service 65 Science and Technology Issues for the 118th Congress mitigation methods, and upgrades to federal receivers and systems to avoid interference from 5G mitigation methods, and upgrades to federal receivers and systems to avoid interference from 5G
systems in neighboring bands. systems in neighboring bands.
For Further Information
Jill Gallagher, Analyst in Telecommunications Policy Jill Gallagher, Analyst in Telecommunications Policy
Ling Zhu, Analyst in Telecommunications Policy Ling Zhu, Analyst in Telecommunications Policy
CRS In Focus IF12350, CRS In Focus IF12350, Repurposing 3.1-3.55 GHz Spectrum: Issues for Congress
CRS In CRS In Focus IF12552, The National Spectrum Strategy for Wireless Technologies: Priorities, Objectives, and Congressional Considerations CRS In Focus IF12046, Focus IF12046, National Spectrum Policy: Interference Issues in the 5G Context
CRS Insight IN12023, CRS Insight IN12023, National Academies of Sciences, Engineering, and Medicine Report on
Ligado Networks and the Interference Debate
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CRS In Focus IF12028, CRS In Focus IF12028, Aviation Concerns Regarding the Rollout of 5G Wireless
Telecommunications Networks
CRS CRS Video WVB00639, Science and Technology Series: FCC Spectrum Auction Authority CRS Report R47578, Report R47578, The Federal Communications Commission’s Spectrum Auction Authority:
History and Options for Reinstatement
NTIA Federal Spectrum Issues
In the United States, as noted in the previous section, the FCC regulates nonfederal spectrum use, In the United States, as noted in the previous section, the FCC regulates nonfederal spectrum use,
and NTIA has the delegated authority to assign and manage frequencies for federal use. NTIA and NTIA has the delegated authority to assign and manage frequencies for federal use. NTIA
also presents to the FCC the views of the executive branch agencies on spectrum issues. The FCC also presents to the FCC the views of the executive branch agencies on spectrum issues. The FCC
and NTIA coordinate spectrum allocations, which are not perpetual and may be reassigned. Over and NTIA coordinate spectrum allocations, which are not perpetual and may be reassigned. Over
90% of U.S. radio spectrum is shared between federal and nonfederal users. The FCC and NTIA 90% of U.S. radio spectrum is shared between federal and nonfederal users. The FCC and NTIA
coordinate this sharing to avoid harmful interference and resolve technical, procedural, and policy coordinate this sharing to avoid harmful interference and resolve technical, procedural, and policy
differences. By statute (47 U.S.C. §922), the two agencies must meet regularly to conduct joint differences. By statute (47 U.S.C. §922), the two agencies must meet regularly to conduct joint
spectrum planning. spectrum planning.
To help address the growing demand for spectrum used by advanced wireless communication To help address the growing demand for spectrum used by advanced wireless communication
services, including 5G communications, Congress has directed NTIA to identify federal services, including 5G communications, Congress has directed NTIA to identify federal
frequencies that can be reallocated to the FCC for commercial or shared use. A major challenge of frequencies that can be reallocated to the FCC for commercial or shared use. A major challenge of
spectrum repurposing is that users operating in adjacent frequencies do not always agree on spectrum repurposing is that users operating in adjacent frequencies do not always agree on
measurement of harmful interference and mitigation methods. This issue has drawn congressional measurement of harmful interference and mitigation methods. This issue has drawn congressional
attention as, in several cases, the FCC issued licenses for commercial use, while NTIA and attention as, in several cases, the FCC issued licenses for commercial use, while NTIA and
federal agencies using adjacent frequencies raised concerns that, for example, a new 5G service federal agencies using adjacent frequencies raised concerns that, for example, a new 5G service
could cause harmful interference to nearby federal devices and operations. Some of these could cause harmful interference to nearby federal devices and operations. Some of these
interference disputes will continue in the 118th Congress. interference disputes will continue in the 118th Congress.
The 118th Congress may wish to consider a range of federal spectrum issues as it continues to The 118th Congress may wish to consider a range of federal spectrum issues as it continues to
shape national spectrum policy to weigh public and private interests in wireless operations, to shape national spectrum policy to weigh public and private interests in wireless operations, to
make spectrum allocation and access efficient and sustainable, to facilitate deployment of make spectrum allocation and access efficient and sustainable, to facilitate deployment of
wireless broadband services, and to ensure U.S. competitiveness and leadership in advanced wireless broadband services, and to ensure U.S. competitiveness and leadership in advanced
wireless communications technologies. The issues may include (1) whether to renew efforts to wireless communications technologies. The issues may include (1) whether to renew efforts to
develop, formalize, and implement a national strategy to manage spectrum resources, particularly develop, formalize, and implement a national strategy to manage spectrum resources, particularly
to inventory, assess, and create a pipeline of spectrum availability and use to help plan for current to inventory, assess, and create a pipeline of spectrum availability and use to help plan for current
and long-term demand; (2) oversight of the FCC and NTIA, particularly their collaboration in and long-term demand; (2) oversight of the FCC and NTIA, particularly their collaboration in
Congressional Research Service 66 link to page 65 Science and Technology Issues for the 118th Congress repurposing federal spectrum for commercial services and their coordination in addressing repurposing federal spectrum for commercial services and their coordination in addressing
disputes of frequency allocation and interference; and (3) oversight and assessment of federal disputes of frequency allocation and interference; and (3) oversight and assessment of federal
resources and efforts invested in spectrum-related R&D, particularly in dynamic spectrum sharing resources and efforts invested in spectrum-related R&D, particularly in dynamic spectrum sharing
and advanced wireless communications technologies. and advanced wireless communications technologies.
For Further Information
Ling Zhu, Analyst in Telecommunications Policy Ling Zhu, Analyst in Telecommunications Policy
CRS CRS In Focus IF12552, The National Spectrum Strategy for Wireless Technologies: Priorities, Objectives, and Congressional Considerations CRS Report R47075, Report R47075, The National Telecommunications and Information Administration (NTIA):
Current Roles and Programs
CRS In Focus IF12046, CRS In Focus IF12046, National Spectrum Policy: Interference Issues in the 5G Context
CRS Video WVB00471, CRS Video WVB00471, National Spectrum Policy: Concepts, Issues, and Options for Congress
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~~link to page 51~~ ~~Science and Technology Issues for the 118th Congress~~

~~Water~~
~~The reliable supply of water in sufficient quantities~~Water Availability, Accessibility, and Use Water in sufficient quantities and of appropriate quality supports the U.S. population and economy, supports the U.S. population and economy,
including public and ecosystem health, agriculture, and industry (e.g., energy production, including public and ecosystem health, agriculture, and industry (e.g., energy production,
fisheries, manufacturing, and navigation)fisheries, manufacturing, and navigation)~~. Federal water research activities and facilities span~~
~~numerous agencies and laboratories and include both cooperative agreements with and grants to~~
~~nonfederal researchers~~. Drinking water contamination and recent droughts, floods, and storms . Drinking water contamination and recent droughts, floods, and storms
have increased interest in innovative technologies and practices (including approaches that mimic have increased interest in innovative technologies and practices (including approaches that mimic
nature, often referred to as nature, often referred to as green infrastructure or or nature-based ~~infrastructure~~). infrastructure). Federal water research activities and facilities span numerous agencies and laboratories and include both cooperative agreements with and grants to nonfederal researchers. The 118th The 118th
Congress may wish to consider water research and technology topics, which can be broadly Congress may wish to consider water research and technology topics, which can be broadly
divided into water data and aquatic ecosystem information, water infrastructure and water use, divided into water data and aquatic ecosystem information, water infrastructure and water use,
and water quality. and water quality.
Water Data and Aquatic Ecosystem Information
Science and research agencies collect marine and freshwater data using in situ and remote Science and research agencies collect marine and freshwater data using in situ and remote
technologies and may also conduct related modeling of past, current, and future conditions and technologies and may also conduct related modeling of past, current, and future conditions and
issue associated forecasts and outlooks. Topics of interest related to water data and aquatic issue associated forecasts and outlooks. Topics of interest related to water data and aquatic
ecosystem information research may include the following: ecosystem information research may include the following:
• Water monitoring infrastructure and science programs (e.g., programs for • Water monitoring infrastructure and science programs (e.g., programs for
drought, groundwater and streamflow, evapotranspiration, and water quality); drought, groundwater and streamflow, evapotranspiration, and water quality);
• Next-generation water observing systems, modeling frameworks and machine • Next-generation water observing systems, modeling frameworks and machine
learning for informing predictions; learning for informing predictions;
• Water-related weather, climate, and Earth system science, including hurricane, • Water-related weather, climate, and Earth system science, including hurricane,
rainfall, and associated in situ and remote sensing monitoring and data collection rainfall, and associated in situ and remote sensing monitoring and data collection
(see, for example, (see, for example, “Civil Earth-Observing Satellites”); );
• Monitoring and modeling ocean and coastal changes (e.g., warming, • Monitoring and modeling ocean and coastal changes (e.g., warming,
acidification, loss of oxygen, relative sea-level rise rates); acidification, loss of oxygen, relative sea-level rise rates);
• Monitoring and management of aquatic invasive species and harmful algal • Monitoring and management of aquatic invasive species and harmful algal
blooms blooms, including utilization of eDNA technology; ;
• Standardization, access, dissemination, and use of water data; and • Standardization, access, dissemination, and use of water data; and
• Coordination of water science and research. • Coordination of water science and research.
Congressional Research Service 67 Science and Technology Issues for the 118th Congress For Further Information
Anna E. Normand, Anna E. Normand, ~~Analyst~~Specialist in Natural Resources Policy in Natural Resources Policy
Laura Gatz, Laura Gatz, ~~Analyst~~Specialist in Environmental Policy in Environmental Policy
Caitlin Keating-Bitonti, Analyst in Natural Resources Policy Caitlin Keating-Bitonti, Analyst in Natural Resources Policy
Eva Lipiec, Eva Lipiec, ~~Analyst~~Specialist in Natural Resources Policy in Natural Resources Policy
CRS Report CRS Report ~~WPD00069,~~ ~~Science and Technology Podcast: Saltwater Intrusion in the Lower~~
~~Mississippi River~~R47440, Water Resource Issues in the 118th Congress
CRS Report R47021, CRS Report R47021, Federal Involvement in Ocean-Based Research and Development
CRS CRS Report R47300, Ocean Acidification: Frequently Asked Questions CRS In Focus IF10719, In Focus IF10719, Forecasting Tropical Cyclones: NOAA’s Role
CRS CRS Report R47300, Ocean Acidification: Frequently Asked Questions
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~~Science and Technology Issues for the 118th Congress~~

~~CRS Report R46921,~~ ~~Marine Harmful Algal Blooms (HABs): Background, Statutory Authorities,~~
~~and Issues for Congress~~
Insight IN12094, Atmospheric Rivers: Background and Forecasting CRS Report WPD00045, CRS Science and Technology Podcast: Atmospheric Rivers Water Infrastructure and Water Use
Water infrastructure research includes techniques to prolong and improve the performance of Water infrastructure research includes techniques to prolong and improve the performance of
existing infrastructure and the development of next-generation infrastructure technologies. Some existing infrastructure and the development of next-generation infrastructure technologies. Some
water infrastructure and water use research topics include water infrastructure and water use research topics include
• water augmentation and efficiency technologies and science, including • water augmentation and efficiency technologies and science, including
stormwater capture, water reuse, and groundwater storage and recovery; stormwater capture, water reuse, and groundwater storage and recovery;
• technologies and materials for monitoring and rehabilitating aging infrastructure, • technologies and materials for monitoring and rehabilitating aging infrastructure,
such as structural health monitors and leak detection; such as structural health monitors and leak detection;
• use of forecasts in the operation of existing reservoirs • use of forecasts in the operation of existing reservoirs, and updates accounting for climate change to national probable maximum precipitation studies, which are used for regulation and design of water resource infrastructure; ;
• resilience of infrastructure to droughts, floods, hurricanes, and other natural • resilience of infrastructure to droughts, floods, hurricanes, and other natural
hazards through gray hazards through gray ~~and green technologies;~~(i.e., traditional infrastructure) and green technologies; • technologies to secure water infrastructure against cybersecurity threats, natural hazards, and other threats, and and
• costs and benefits of utilizing and expanding natural or nature-based features to • costs and benefits of utilizing and expanding natural or nature-based features to
support water storage, navigation, and other activities. support water storage, navigation, and other activities.
For Further Information
Nicole T. Carter, Specialist in Natural Resources Policy Nicole T. Carter, Specialist in Natural Resources Policy
Eva Lipiec, Eva Lipiec, ~~Analyst~~Specialist in Natural Resources Policy in Natural Resources Policy
Elena H. Humphreys, Analyst in Environmental Policy Elena H. Humphreys, Analyst in Environmental Policy
~~CRS Report R46911,~~ ~~Drought in the United States: Science, Policy, and Selected Federal~~
~~Authorities~~Anna E. Normand, Specialist in Natural Resources Policy CRS Report R47878, Drinking Water Infrastructure Needs: Background and Issues for Congress CRS Report R47440, Water Resource Issues in the 118th Congress CRS Report R46911, Drought in the United States: Science, Policy, and Selected Federal Authorities Congressional Research Service 68 Science and Technology Issues for the 118th Congress CRS Report R45981, Dam Safety Overview and the Federal Role CRS In Focus IF11777, Safe Drinking Water Act (SDWA): Water System Security and Resilience Provisions CRS Insight IN12094, Atmospheric Rivers: Background and Forecasting CRS Video WVB00599, Drought in the United States: Science, Policy, and Authorities CRS Report WPD00069, Science and Technology Podcast: Saltwater Intrusion in the Lower Mississippi River
Water Quality
Quality of drinking water, surface water, groundwater, and marine water is important for public Quality of drinking water, surface water, groundwater, and marine water is important for public
health, environmental protection, food security, and other purposes. health, environmental protection, food security, and other purposes. ~~Technologies~~Research on technologies for preventing for preventing
contamination and for identifying and treating existing contamination is contamination and for identifying and treating existing contamination is ~~an ongoing research~~
~~topic for~~ongoing within the federal government. Some research topics include the federal government. Some research topics include
• analytical methods and treatment technologies to detect and manage emerging • analytical methods and treatment technologies to detect and manage emerging
contaminants (e.g., cyanotoxins associated with harmful algal blooms, per- and contaminants (e.g., cyanotoxins associated with harmful algal blooms, per- and
polyfluoroalkyl substances, and microplastics); polyfluoroalkyl substances, and microplastics);
• technologies to prevent and manage contamination at drinking water treatment • technologies to prevent and manage contamination at drinking water treatment
plants and in distribution systems (e.g., real-time monitoring, treatment to plants and in distribution systems (e.g., real-time monitoring, treatment to
minimize disinfection byproducts, and lead pipe corrosion control); and minimize disinfection byproducts, and lead pipe corrosion control); and
• innovative technologies and practices to protect or improve water quality (e.g., • innovative technologies and practices to protect or improve water quality (e.g.,
green infrastructure, watershed management, and nonpoint source pollution green infrastructure, watershed management, and nonpoint source pollution
management), including methods for increasing resilience of drinking water management), including methods for increasing resilience of drinking water
systems against natural events and disasters. systems against natural events and disasters.
For Further Information
Laura Gatz, Laura Gatz, ~~Analyst~~Specialist in Environmental Policy in Environmental Policy
Elena H. Humphreys, Analyst in Environmental Policy Elena H. Humphreys, Analyst in Environmental Policy
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~~Science and Technology Issues for the 118th Congress~~

CRS Report R46921, Marine Harmful Algal Blooms (HABs): Background, Statutory Authorities, and Issues for Congress CRS Report R46652, Regulating Contaminants Under the Safe Drinking Water Act (SDWA) CRS Report R45998, CRS Report R45998, Contaminants of Emerging Concern Under the Clean Water Act
CRS Report R45986, CRS Report R45986, Federal Role in Responding to Potential Risks of Per- and Polyfluoroalkyl
Substances (PFAS)

~~Author Information~~

~~Jason A. Gallo, Coordinator~~
~~Angela C. Jones~~
~~Section Research Manager~~
~~Analyst in Environmental Policy~~

~~Lisa S. Benson~~
~~Caitlin Keating-Bitonti~~
~~Specialist in Agricultural Policy~~
~~Analyst in Natural Resources Policy~~

~~Emily G. Blevins~~
~~Todd Kuiken~~ CRS In Focus IF12367, Safe Drinking Water Act: Proposed National Primary Drinking Water Regulation for Specified PFAS CRS In Focus IF12341, Limiting Lead in Public Water Supplies: An Overview of the U.S. Environmental Protection Agency’s Regulatory Actions CRS In Focus IF11777, Safe Drinking Water Act (SDWA): Water System Security and Resilience Provisions CRS In Focus IF11666, U.S. Army Corps of Engineers Nuisance Species Efforts Congressional Research Service 69 Science and Technology Issues for the 118th Congress Author Information Congressional Research Service 70 Science and Technology Issues for the 118th Congress Jason A. Gallo, Coordinator Todd Kuiken Section Research Manager Analyst in Science and Technology Policy Lisa S. Benson Julie M. Lawhorn Specialist in Agricultural Policy Analyst in Economic Development Policy Peter J. Benson Ashley J. Lawson Legislative Attorney Specialist in Energy Policy Eleni G. Bickell Adam G. Levin Analyst in Agricultural Policy Analyst in Economic Development Policy Emily G. Blevins Rachel Lindbergh
Analyst in Science and Technology Policy Analyst in Science and Technology Policy
Analyst in Science and Technology Policy Analyst in Science and Technology Policy

Kelsi Bracmort Kelsi Bracmort
~~Julie M. Lawhorn~~Chris D. Linebaugh
Specialist in Natural Resources and Energy Policy Specialist in Natural Resources and Energy Policy
~~Analyst in Economic Development Policy~~Legislative Attorney

Valerie C. Brannon Valerie C. Brannon
~~Ashley J. Lawson~~Eva Lipiec
Legislative Attorney Legislative Attorney
Specialist in Specialist in ~~Energy~~Natural Resource Policy Policy

Kristen E. Busch Kristen E. Busch
~~Adam G. Levin~~Daniel Morgan
Analyst in Science and Technology Policy Analyst in Science and Technology Policy
~~Analyst in Economic Development~~Specialist in Science and Technology Policy Policy

Nicole T. Carter Nicole T. Carter
~~Chris D. Linebaugh~~Steve P. Mulligan
Specialist in Natural Resources Policy Specialist in Natural Resources Policy
~~Legislative Attorney~~Attorney-Adviser

Clare Y. Cho Clare Y. Cho
~~Eva Lipiec~~Anna E. Normand
Analyst in Industrial Organization and Business Analyst in Industrial Organization and Business
~~Analyst~~Specialist in Natural Resources Policy in Natural Resources Policy

Corrie E. Clark Corrie E. Clark
~~Daniel Morgan~~Martin C. Offutt
Specialist in Energy Policy Specialist in Energy Policy
~~Specialist in Science and Technology~~Analyst in Energy Policy Policy

Laura B. Comay Laura B. Comay
~~Anna E. Normand~~Paul W. Parfomak
Specialist in Natural Resources Policy Specialist in Natural Resources Policy
Specialist in Specialist in ~~Natural Resources~~Energy Policy Policy

Cheryl R. Cooper Cheryl R. Cooper
~~Paul W. Parfomak~~Colby Leigh Rachfal
Analyst in Financial Economics Analyst in Financial Economics
Specialist in Specialist in ~~Energy~~Telecommunications Policy Policy

Bart Elias Bart Elias
~~Colby Leigh Rachfal~~Anne A. Riddle
Specialist in Aviation Policy Specialist in Aviation Policy
~~Specialist in Telecommunications~~ Analyst in Natural Resources Policy Patricia Moloney Figliola Linda R. Rowan Specialist in Internet and Telecommunications Analyst in Natural Resources and Earth Sciences Policy Policy

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Kristin Finklea Kristin Finklea
~~Anne A. Riddle~~Lexie Ryan
Specialist in Domestic Security Specialist in Domestic Security
Analyst in Analyst in ~~Natural Resources~~Energy Policy Policy

Jill C. Gallagher Jill C. Gallagher
~~Linda R. Rowan~~Amanda K. Sarata
Analyst Analyst in Telecommunications Policy Telecommunications Policy
~~Analyst in Natural Resources and Earth Sciences~~Specialist in Health Policy

Marcy E. Gallo Marcy E. Gallo
~~Amanda K. Sarata~~John F. Sargent Jr.
Analyst in Science and Technology Policy Analyst in Science and Technology Policy
Specialist in Specialist in ~~Health~~Science and Technology Policy Policy

Laura Gatz Laura Gatz
~~John F. Sargent Jr.~~Kelley M. Sayler
Specialist in Environmental Policy Specialist in Environmental Policy
Specialist in Specialist in ~~Science and Technology Policy~~

Advanced Technology and Global Security Gary Guenther Gary Guenther
Kavya Sekar Kavya Sekar
Analyst in Public Finance Analyst in Public Finance
Analyst in Health Policy Analyst in Health Policy

Laurie Laurie A. Harris Harris
~~Eva Su~~Megan Stubbs
Analyst in Science and Technology Policy Analyst in Science and Technology Policy
~~Analyst~~Specialist in Agricultural Conservation and Natural Resources Policy Jonathan D. Haskett Eva Su Analyst in Environmental Policy Specialist in Financial Economics in Financial Economics

~~Jonathan D. Haskett~~Kevin J. Hickey
Michael D. Sutherland Michael D. Sutherland
~~Analyst in Environmental Policy~~Legislative Attorney
Analyst in International Trade and Finance Analyst in International Trade and Finance

~~Kevin J. Hickey~~Mark Holt
Karen M. Sutter Karen M. Sutter
~~Legislative Attorney~~Specialist in Energy Policy
Specialist in Asian Trade and Finance Specialist in Asian Trade and Finance

~~Eric N. Holmes~~Elena H. Humphreys
Jay B. Sykes Jay B. Sykes
~~Legislative Attorney~~Analyst in Environmental Policy
Legislative Attorney Legislative Attorney

~~Elena H. Humphreys~~
~~Paul Tierno~~Chris Jaikaran Paul Tierno Specialist in Cybersecurity Policy Analyst in Financial Economics Angela C. Jones Nora Wells
Analyst in Environmental Policy Analyst in Environmental Policy
Analyst in Analyst in ~~Financial Economics~~Health Policy

~~Chris Jaikaran~~Emma Kaboli
Jill H. Wilson Jill H. Wilson
~~Specialist in Cybersecurity~~Analyst in Energy Policy Policy
Analyst in Immigration Policy Analyst in Immigration Policy

~~Renée Johnson~~Caitlin Keating-Bitonti
Ling Zhu Ling Zhu
~~Specialist in Agricultural~~Analyst in Natural Resources Policy Policy
Analyst in Telecommunications Policy Analyst in Telecommunications Policy Abigail F. Kolker Christopher T. Zirpoli Analyst in Immigration Policy Legislative Attorney

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Disclaimer
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan
shared staff to congressional committees and Members of Congress. It operates solely at the behest of and shared staff to congressional committees and Members of Congress. It operates solely at the behest of and
under the direction of Congress. Information in a CRS Report should not be relied upon for purposes other under the direction of Congress. Information in a CRS Report should not be relied upon for purposes other
than public understanding of information that has been provided by CRS to Members of Congress in than public understanding of information that has been provided by CRS to Members of Congress in
connection with CRS’s institutional role. CRS Reports, as a work of the United States Government, are not connection with CRS’s institutional role. CRS Reports, as a work of the United States Government, are not
subject to copyright protection in the United States. Any CRS Report may be reproduced and distributed in subject to copyright protection in the United States. Any CRS Report may be reproduced and distributed in
its entirety without permission from CRS. However, as a CRS Report may include copyrighted images or its entirety without permission from CRS. However, as a CRS Report may include copyrighted images or
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