S. 1260, Endless Frontier Act
Summary
S. 1260, the Endless Frontier Act, introduced in the Senate of the United States on April 20, 2021 by Mr. Schumer, Mr. Young and other senators, and referred to the Committee on Commerce, Science, and Transportation. Reported by Ms. Cantwell with an amendment on May 13, 2021, it is listed as Calendar No. 58. The bill would establish a new Directorate for Technology and Innovation in the National Science Foundation, a regional technology hub program, and a critical supply chain resiliency program. The text includes findings on United States leadership in research, and its closing sections include public-private partnerships and an AI Scholarship-for-Service Act.
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Cite this document
“S. 1260, Endless Frontier Act.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-117s1260rs-bills-117s1260rs/
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II
Calendar No. 58
117TH CONGRESS
1ST SESSION
S. 1260
To establish a new Directorate for Technology and Innovation in the National
Science Foundation, to establish a regional technology hub program,
to require a strategy and report on economic security, science, research,
innovation, manufacturing, and job creation, to establish a critical supply
chain resiliency program, and for other purposes.
IN THE SENATE OF THE UNITED STATES
APRIL 20, 2021
Mr. SCHUMER (for himself, Mr. YOUNG, Ms. HASSAN, Ms. COLLINS, Mr.
COONS, Mr. PORTMAN, Ms. BALDWIN, Mr. GRAHAM, Mr. PETERS, Mr.
BLUNT, Mr. DAINES, Mr. VAN HOLLEN, Mr. ROMNEY, and Mr. KELLY)
introduced the following bill; which was read twice and referred to the
Committee on Commerce, Science, and Transportation
MAY 13, 2021
Reported by Ms. CANTWELL, with an amendment
[Strike out all after the enacting clause and insert the part printed in italic]
A BILL
To establish a new Directorate for Technology and Innova-
tion in the National Science Foundation, to establish
a regional technology hub program, to require a strategy
and report on economic security, science, research, inno-
vation, manufacturing, and job creation, to establish a
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critical supply chain resiliency program, and for other
purposes.
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2
1 Be it enacted by the Senate and House of Representa-
2 tives of the United States of America in Congress assembled,
3 SECTION 1. SHORT TITLE.
4 This Act may be cited as the ‘‘Endless Frontier Act’’.
5 SEC. 2. FINDINGS.
6 Congress finds the following:
7 (1) For over 70 years, the United States has
8 been the unequivocal global leader in scientific and
9 technological innovation, and as a result the people
10 of the United States have benefitted through good-
11 paying jobs, economic prosperity, and a higher qual-
12 ity of life.
13 (A) Today, however, this leadership posi-
14 tion is being eroded and challenged by foreign
15 competitors, some of which are stealing intellec-
16 tual property and trade secrets of the United
17 States and aggressively investing in research
18 and commercialization to dominate the key ex-
19 isting and future technology fields.
20 (B) While the United States once led the
21 world in the share of our economy invested in
22 research, our Nation now ranks 9th globally in
23 total research and development and 12th in
24 publicly financed research and development.
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1 (C) While wages for American workers
2 rose in parallel with growth in national produc-
3 tivity from the end of World War II through
4 most of the 1970s, since then wage growth has
5 been uneven and labor’s share in national in-
6 come has declined.
7 (2) Without a significant increase in investment
8 in research, education, technology transfer, intellec-
9 tual property, manufacturing, and other core
10 strengths of the United States innovation ecosystem,
11 it is only a matter of time before the global competi-
12 tors of the United States overtake the United States
13 in terms of technological primacy. The country that
14 wins the race in key technologies—such as artificial
15 intelligence, quantum computing, advanced commu-
16 nications, and advanced manufacturing—and uses
17 technological innovation to support high-quality jobs
18 and incomes will be the superpower of the future.
19 (3) The Federal Government must catalyze
20 United States innovation by boosting research in-
21 vestments focused on discovering, creating, commer-
22 cializing, and demonstrating new technologies and
23 manufacturing those technologies domestically
24 throughout the country to ensure the leadership of
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25 the United States in the industries of the future.
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1 (4) The distribution of innovation jobs and in-
2 vestment in the United States has become largely
3 concentrated in just a few locations, while much of
4 the Nation has been left out of growth in the innova-
5 tion sector. More than 90 percent of the Nation’s in-
6 novation sector employment growth in the last 15
7 years was generated in just 5 major metropolitan
8 areas. The Federal Government must address this
9 imbalance in opportunity by—
10 (A) dramatically increasing funding for
11 science and engineering research and expanding
12 partnerships with the private sector to build
13 new technology hubs across the country;
14 (B) spreading high-quality innovation sec-
15 tor jobs more broadly;
16 (C) increasing the participation of under-
17 represented populations, engaging workers, and
18 collaborating with labor organizations in inno-
19 vation efforts to tap the talent and potential of
20 the entire Nation to ensure the United States
21 leads the industries of the future; and
22 (D) building regional capacity in such crit-
23 ical areas as entrepreneurship, access to capital
24 and other investment, and supply chain develop-
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25 ment.
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1 (5) As President Franklin D. Roosevelt stated,
2 ‘‘[N]ew frontiers of the mind are before us, and if
3 they are pioneered with the same vision, boldness,
4 and drive with which we have waged this war we can
5 create a fuller and more fruitful employment and a
6 fuller and more fruitful life.’’
7 (6) As Vannevar Bush stated in his 1945 re-
8 port entitled Science, The Endless Frontier, ‘‘New
9 products, new industries, and more jobs require con-
10 tinuous additions to knowledge of the laws of nature,
11 and the application of that knowledge to practical
12 purposes. Similarly, our defense against aggression
13 demands new knowledge so that we can develop new
14 and improved weapons. This essential, new knowl-
15 edge can be obtained only through basic scientific re-
16 search.’’
17 (7) Since their inception, the National Science
18 Foundation and other key Federal agencies, like the
19 Department of Energy, have carried out vital work
20 supporting basic and applied research to create
21 knowledge that is a key driver of the economy of the
22 United States and enhances the Nation’s security.
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1 SEC. 3. IMPROVING TECHNOLOGY AND INNOVATION RE-
2 SEARCH AT THE NATIONAL SCIENCE FOUN-
3 DATION.
4 (a) PROVIDING AUTHORITY TO DISSEMINATE INFOR-
5 MATION.—Section 11 of the National Science Foundation
6 Act of 1950 (42 U.S.C. 1870) is amended—
7 (1) in subsection (j), by striking ‘‘and’’ after
8 the semicolon;
9 (2) in subsection (k), by striking the period at
10 the end and inserting ‘‘; and’’; and
11 (3) by adding at the end the following:
12 ‘‘(l) provide for the widest practicable and appro-
13 priate dissemination of information within the United
14 States concerning the Foundation’s activities and the re-
15 sults thereof.’’.
16 (b) ESTABLISHMENT OF DIRECTORATE FOR TECH-
17 NOLOGY AND INNOVATION.—The National Science Foun-
18 dation Act of 1950 (42 U.S.C. 1861 et seq.) is amended—
19 (1) in section 8 (42 U.S.C. 1866), by inserting
20 at the end the following: ‘‘Such divisions shall in-
21 clude the Directorate for Technology and Innovation
22 established under section 8A.’’; and
23 (2) by inserting after section 8 the following:
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1 ‘‘SEC. 8A. IMPROVING RESEARCH AND ESTABLISHING DI-
2 RECTORATE FOR TECHNOLOGY AND INNOVA-
3 TION.
4 ‘‘(a) DEFINITIONS.—In this section:
5 ‘‘(1) COMMUNITY COLLEGE.—The term ‘com-
6 munity college’ has the meaning given the term ‘jun-
7 ior or community college’ in section 312(f) of the
8 Higher Education Act of 1965 (20 U.S.C. 1058(f)).
9 ‘‘(2) DESIGNATED COUNTRY.—The term ‘des-
10 ignated country’ means a country that has been ap-
11 proved and designated in writing by the President
12 for purposes of this section, after providing—
13 ‘‘(A) not less than 30 days of advance noti-
14 fication and explanation to the relevant con-
15 gressional committees before the designation;
16 and
17 ‘‘(B) in-person briefings to such commit-
18 tees, if requested during the 30-day advance no-
19 tification period described in subparagraph (A).
20 ‘‘(3) DIRECTORATE.—The term ‘Directorate’
21 means the Directorate for Technology and Innova-
22 tion established under subsection (b).
23 ‘‘(4) EMERGING RESEARCH INSTITUTION.—The
24 term ‘emerging research institution’ means an insti-
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25 tution of higher education with an established under-
26 graduate student program that has, on average for
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1 the 3 years prior to an application for an award
2 under this section, received less than $35,000,000 in
3 Federal research funding.
4 ‘‘(5) FEDERAL RESEARCH FACILITY.—The term
5 ‘Federal research facility’ includes a research labora-
6 tory of the Department of Agriculture and any other
7 federally funded research and development center.
8 ‘‘(6) HISTORICALLY BLACK COLLEGE OR UNI-
9 VERSITY.—The term ‘historically Black college or
10 university’ has the meaning given the term ‘part B
11 institution’ in section 322 of the Higher Education
12 Act of 1965 (20 U.S.C. 1061).
13 ‘‘(7) INSTITUTION OF HIGHER EDUCATION.—
14 The term ‘institution of higher education’ has the
15 meaning given the term in section 101(a) of the
16 Higher Education Act of 1965 (20 U.S.C. 1001(a)).
17 ‘‘(8) KEY TECHNOLOGY FOCUS AREAS.—The
18 term ‘key technology focus areas’ means the areas
19 included on the most recent list under subsection
20 (d)(2).
21 ‘‘(9) LABOR ORGANIZATION.—The term ‘labor
22 organization’ has the meaning given the term in sec-
23 tion 2(5) of the National Labor Relations Act (29
24 U.S.C. 152(5)), except that such term shall also in-
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25 clude—
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1 ‘‘(A) any organization composed of labor
2 organizations, such as a labor union federation
3 or a State or municipal labor body; and
4 ‘‘(B) any organization which would be in-
5 cluded in the definition for such term under
6 such section 2(5) but for the fact that the orga-
7 nization represents—
8 ‘‘(i) individuals employed by the
9 United States, any wholly owned Govern-
10 ment corporation, any Federal Reserve
11 Bank, or any State or political subdivision
12 thereof;
13 ‘‘(ii) individuals employed by persons
14 subject to the Railway Labor Act (45
15 U.S.C. 151 et seq.); or
16 ‘‘(iii) individuals employed as agricul-
17 tural laborers.
18 ‘‘(10) MINORITY-SERVING INSTITUTION.—The
19 term ‘minority-serving institution’ means an institu-
20 tion described in section 371(a) of the Higher Edu-
21 cation Act of 1965 (20 U.S.C. 1067q(a)).
22 ‘‘(11) NATIONAL LABORATORY.—The term ‘Na-
23 tional Laboratory’ has the meaning given the term
24 in section 2 of the Energy Policy Act of 2005 (42
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25 U.S.C. 15801).
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1 ‘‘(12) RELEVANT CONGRESSIONAL COMMIT-
2 TEES.—The term ‘relevant congressional commit-
3 tees’ means—
4 ‘‘(A) the Committee on Armed Services,
5 the Committee on Commerce, Science, and
6 Transportation, the Committee on Energy and
7 Natural Resources, the Committee on Appro-
8 priations, the Committee on Foreign Relations,
9 the Committee on Health, Education, Labor,
10 and Pensions, and the Select Committee on In-
11 telligence of the Senate; and
12 ‘‘(B) the Committee on Armed Services,
13 the Committee on Science, Space, and Tech-
14 nology, the Committee on Appropriations, the
15 Committee on Foreign Affairs, and the Perma-
16 nent Select Committee on Intelligence of the
17 House of Representatives.
18 ‘‘(13) STEM.—The term ‘STEM’ has the
19 meaning given such term in section 2 of the America
20 COMPETES Reauthorization Act of 2010 (Public
21 Law 111–358; 42 U.S.C. 6621 note).
22 ‘‘(14) TRIBAL COLLEGE OR UNIVERSITY.—The
23 term ‘Tribal college or university’ has the meaning
24 given the term in section 316(b)(3) of the Higher
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25 Education Act of 1965 (20 U.S.C. 1059c(b)(3)).
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1 ‘‘(15) UNDERREPRESENTED POPULATIONS.—
2 The term ‘underrepresented populations’ means
3 women, minorities, veterans, tribal populations, per-
4 sons with disabilities, and other populations that are
5 underrepresented in STEM.
6 ‘‘(b) ESTABLISHMENT OF DIRECTORATE FOR TECH-
7 NOLOGY AND INNOVATION.—
8 ‘‘(1) IN GENERAL.—Not later than 90 days
9 after the date of enactment of the Endless Frontier
10 Act, the Director shall establish in the Foundation
11 a Directorate for Technology and Innovation. The
12 Directorate shall carry out the duties and respon-
13 sibilities described in this section, in order to further
14 the following goals:
15 ‘‘(A) Strengthening the leadership of the
16 United States in critical technologies, as de-
17 scribed as a critical national need in section
18 7018 of the America COMPETES Act (42
19 U.S.C. 1862o–5), through basic research in the
20 key technology focus areas and the commer-
21 cialization of those technologies to businesses in
22 the United States.
23 ‘‘(B) Addressing and mitigating technology
24 challenges integral to the geostrategic position
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1 of the United States through the activities au-
2 thorized by this section.
3 ‘‘(C) Enhancing the competitiveness of the
4 United States in the key technology focus areas
5 by improving education in the key technology
6 focus areas and attracting more students to
7 such areas at all levels of education.
8 ‘‘(D) Consistent with the mission and oper-
9 ations of the Foundation, fostering the eco-
10 nomic and societal impact of federally funded
11 research and development through an acceler-
12 ated translation of basic advances in the key
13 technology focus areas into processes and prod-
14 ucts, known as technology transfer, that can
15 help achieve national goals related to economic
16 competitiveness, domestic manufacturing, na-
17 tional security, shared prosperity, energy and
18 the environment, health, education and work-
19 force development, and transportation.
20 ‘‘(E) Utilizing the full potential of the
21 United States workforce by encouraging broad-
22 er participation in key technology focus areas
23 by underrepresented populations.
24 ‘‘(F) Ensuring the programmatic work of
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1 workforce perspective from labor organizations
2 and workforce training organizations.
3 ‘‘(2) ORGANIZATION AND ADMINISTRATIVE
4 MATTERS.—
5 ‘‘(A) PROGRAM MANAGERS.—The employ-
6 ees of the Directorate may include program
7 managers for the key technology focus areas,
8 who may perform a role similar to program
9 managers employed by the Defense Advanced
10 Research Projects Agency for the oversight and
11 selection of programs supported by the Direc-
12 torate.
13 ‘‘(B) SELECTION OF RECIPIENTS.—Recipi-
14 ents of support under the programs and activi-
15 ties of the Directorate shall be selected by pro-
16 gram managers or other employees of the Di-
17 rectorate and the selection criteria for financial
18 assistance awards shall include intellectual
19 merit and broader impacts, including economic
20 impacts on the advanced technology production
21 system of the United States. The Directorate
22 may use a peer review process or the authorities
23 provided under subsection (c), or some com-
24 bination of such process and authorities, to in-
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25 form the selection of award recipients.
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1 ‘‘(C) REPORT.—Not later than 1 year
2 after the date of enactment of the Endless
3 Frontier Act, the Director shall prepare and
4 submit a report to the relevant congressional
5 committees regarding the use of alternative
6 methods for the selection of recipients and the
7 distribution of funding to recipients as com-
8 pared to the traditional peer review process.
9 ‘‘(D) ASSISTANT DIRECTORS.—The Direc-
10 tor shall appoint an Assistant Director for the
11 Directorate, in the same manner as other As-
12 sistant Directors of the Foundation are ap-
13 pointed.
14 ‘‘(3) REPORT.—Not later than 120 days after
15 the date of enactment of the Endless Frontier Act,
16 the Director shall prepare and submit a report to
17 the relevant congressional committees regarding the
18 establishment of the Directorate.
19 ‘‘(c) PERSONNEL MANAGEMENT AUTHORITIES FOR
20 THE FOUNDATION.—In addition to the authorities and re-
21 quirements of section 15, the Director shall have the fol-
22 lowing authorities:
23 ‘‘(1) EXPERTS IN SCIENCE AND ENGINEER-
24 ING.—The Director shall have the authority to carry
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1 in the same manner, and subject to the same re-
2 quirements, as the program of personnel manage-
3 ment authority authorized for the Director of the
4 Defense Advanced Research Projects Agency under
5 section 1599h of title 10, United States Code, for
6 the Defense Advanced Research Projects Agency.
7 ‘‘(2) HIGHLY QUALIFIED EXPERTS IN NEEDED
8 OCCUPATIONS.—In addition to the authority pro-
9 vided under paragraph (1), the Director shall have
10 the authority to carry out a program of personnel
11 management authority in the same manner, and
12 subject to the same requirements, as the program to
13 attract highly qualified experts carried out by the
14 Secretary of Defense under section 9903 of title 5,
15 United States Code. Individuals hired by the Direc-
16 tor through such authority shall include individuals
17 with expertise in business creativity, innovation man-
18 agement, design thinking, entrepreneurship, venture
19 capital, and related fields.
20 ‘‘(3) ADDITIONAL HIRING AUTHORITY.—To the
21 extent needed to carry out the duties in paragraph
22 (1), the Director is authorized to utilize hiring au-
23 thorities under section 3372 of title 5, United States
24 Code, to staff the Directorate with employees from
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25 other Federal agencies, State and local governments,
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1 Indian Tribes and Tribal organizations, institutions
2 of higher education, and other organizations, as de-
3 scribed in that section, in the same manner and sub-
4 ject to the same conditions, that apply to such indi-
5 viduals utilized to accomplish other missions of the
6 Foundation.
7 ‘‘(d) DUTIES AND FUNCTIONS OF THE DIREC-
8 TORATE.—
9 ‘‘(1) DEVELOPMENT OF TECHNOLOGY FOCUS
10 OF THE DIRECTORATE.—The Director shall—
11 ‘‘(A) through the Directorate, advance in-
12 novation in the key technology focus areas
13 through basic and translational research and
14 other activities described in this section;
15 ‘‘(B) develop and implement strategies to
16 ensure that the activities of the Directorate are
17 directed toward the key technology focus areas
18 in order to accomplish the goals described in
19 subsection (b)(1) consistent with the most re-
20 cent report conducted under section 5(b) of the
21 Endless Frontier Act; and
22 ‘‘(C) develop and focus on innovation
23 methods, processes, and promising practices
24 that can affect the speed and effectiveness of
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1 ‘‘(2) KEY TECHNOLOGY FOCUS AREAS.—
2 ‘‘(A) INITIAL LIST.—The initial key tech-
3 nology focus areas are—
4 ‘‘(i) artificial intelligence, machine
5 learning, and other software advances;
6 ‘‘(ii) high performance computing,
7 semiconductors, and advanced computer
8 hardware;
9 ‘‘(iii) quantum computing and infor-
10 mation systems;
11 ‘‘(iv) robotics, automation, and ad-
12 vanced manufacturing;
13 ‘‘(v) natural and anthropogenic dis-
14 aster prevention or mitigation;
15 ‘‘(vi) advanced communications tech-
16 nology;
17 ‘‘(vii) biotechnology, medical tech-
18 nology, genomics, and synthetic biology;
19 ‘‘(viii) cybersecurity, data storage, and
20 data management technologies;
21 ‘‘(ix) advanced energy, batteries, and
22 industrial efficiency; and
23 ‘‘(x) advanced materials science, engi-
24 neering, and exploration relevant to the
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1 other key technology focus areas described
2 in this subparagraph.
3 ‘‘(B) REVIEW OF KEY TECHNOLOGY FOCUS
4 AREAS AND SUBSEQUENT LISTS.—
5 ‘‘(i) ADDING OR DELETING KEY
6 TECHNOLOGY FOCUS AREAS.—Beginning
7 on the date that is 3 years after the date
8 of enactment of the Endless Frontier Act,
9 and every 3 years thereafter, the Director,
10 in coordination with the Director of the
11 Office of Science and Technology Policy,
12 the Director of National Institute of
13 Standards and Technology, the Secretary
14 of Energy, the Secretary of Defense, the
15 Director of the National Institutes of
16 Health, and, as appropriate, the heads of
17 other departments and agencies—
18 ‘‘(I) shall review the list of key
19 technology focus areas;
20 ‘‘(II) may consider the challenges
21 and recommendations identified in the
22 report required by section 11 of the
23 Endless Frontier Act; and
24 ‘‘(III) as part of that review, may
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1 areas if societal challenges or the com-
2 petitive threats to the United States
3 have shifted (whether because the
4 United States or other nations have
5 advanced or fallen behind in a techno-
6 logical area), subject to clause (ii).
7 ‘‘(ii) LIMIT ON KEY TECHNOLOGY
8 FOCUS AREAS.—Not more than 10 key
9 technology focus areas shall be included on
10 the list of key technology focus areas at
11 any time.
12 ‘‘(iii) UPDATING FOCUS AREAS AND
13 DISTRIBUTION.—Prior to completion of
14 each review under this subparagraph, the
15 Director shall make the list of key tech-
16 nology focus areas readily available to the
17 public and available for public comment,
18 including, at a minimum, by publishing the
19 list in the Federal Register even if no
20 changes are expected to be made to the
21 prior list.
22 ‘‘(iv) EXTRAORDINARY CIRCUMSTANCE
23 WAIVER.—In extraordinary circumstances,
24 the Director of the Office of Science and
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25 Technology Policy may grant the Director
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1 the ability to add or delete key technology
2 focus areas without acting in coordination
3 as described in clause (i). If such an ability
4 is determined to be necessary by the Direc-
5 tor of the Office of Science and Technology
6 Policy, the Director and the Director of
7 the Office of Science and Technology Pol-
8 icy shall not later than 15 days ahead of
9 such a waiver being granted submit a de-
10 tailed description and justification to the
11 relevant congressional committees.
12 ‘‘(3) ACTIVITIES.—
13 ‘‘(A) IN GENERAL.—In carrying out the
14 duties and functions of the Directorate, the Di-
15 rector—
16 ‘‘(i) may make awards in a techno-
17 logically neutral manner for key technology
18 focus areas to—
19 ‘‘(I) individual institutions of
20 higher education for work at centers
21 or by individual researchers or teams
22 of researchers;
23 ‘‘(II) not-for-profit entities; and
24 ‘‘(III) consortia that—
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1 ‘‘(aa) shall include and be
2 led by an institution of higher
3 education, or by a not-for-profit
4 entity designed to support tech-
5 nology development, and may in-
6 clude 1 or more additional insti-
7 tutions of higher education;
8 ‘‘(bb) shall include at least
9 one of the following:
10 ‘‘(AA) a historically
11 Black college or university;
12 ‘‘(BB) a Tribal College
13 or University;
14 ‘‘(CC) another minor-
15 ity-serving institution;
16 ‘‘(DD) an institution
17 that participates in the Es-
18 tablished Program to Stimu-
19 late Competitive Research
20 under section 113 of the Na-
21 tional Science Foundation
22 Authorization Act of 1988
23 (42 U.S.C. 1862g);
24 ‘‘(EE) an emerging re-
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1 classified as a very high re-
2 search activity by the Car-
3 negie Classification of Insti-
4 tutions of Higher Education
5 and that has an under-
6 graduate enrollment with a
7 majority of students who are
8 from underrepresented pop-
9 ulations; or
10 ‘‘(FF) a community
11 college; and
12 ‘‘(cc) may include 1 or
13 more—
14 ‘‘(AA) entities described
15 in subclause (I) or (II) and
16 industries, including
17 startups, small businesses,
18 and public-private partner-
19 ships;
20 ‘‘(BB) economic devel-
21 opment organizations or
22 venture development organi-
23 zations, as such term is de-
24 fined in section 28(a) of the
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1 nology Innovation Act of
2 1980;
3 ‘‘(CC) National Labora-
4 tories;
5 ‘‘(DD) Federal labora-
6 tories, as defined in section
7 4 of the Stevenson-Wydler
8 Technology Innovation Act
9 of 1980 (15 U.S.C. 3703);
10 ‘‘(EE) Federal research
11 facilities;
12 ‘‘(FF) labor organiza-
13 tions;
14 ‘‘(GG) entities de-
15 scribed in subclause (I) or
16 (II) from allied or partner
17 countries;
18 ‘‘(HH) other entities if
19 determined by the Director
20 to be vital to the success of
21 the program; and
22 ‘‘(II) binational re-
23 search and development
24 foundations and funds, ex-
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1 cluding foreign entities of
2 concern;
3 ‘‘(ii) may partner with other direc-
4 torates of the Foundation for projects or
5 research, including—
6 ‘‘(I) to pursue basic questions
7 about natural, human, and physical
8 phenomena that could enable ad-
9 vances in the key technology focus
10 areas;
11 ‘‘(II) to study questions that
12 could affect the design (including
13 human interfaces), operation, deploy-
14 ment, or the social and ethical con-
15 sequences of technologies in the key
16 technology focus areas, including the
17 development of technologies that com-
18 plement or enhance the abilities of
19 workers and impact of specific innova-
20 tions on domestic jobs and equitable
21 opportunity; and
22 ‘‘(III) to further the creation of a
23 domestic workforce capable of advanc-
24 ing, using, and adapting to key tech-
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1 and improving the impact of key tech-
2 nology focus areas on STEM teaching
3 and learning advancing the key tech-
4 nology focus areas, including engaging
5 relevant partners in research and in-
6 novation programs;
7 ‘‘(iii) may provide funds to any other
8 Federal agencies for intramural or extra-
9 mural work in the key technology focus
10 areas through research, manufacturing, or
11 other means;
12 ‘‘(iv) may make awards under the
13 SBIR and STTR programs (as defined in
14 section 9(e) of the Small Business Act (15
15 U.S.C. 638(e))); and
16 ‘‘(v) may enter into and perform such
17 contracts, other transactions, or other ar-
18 rangements, or modifications thereof, as
19 may be necessary in the conduct of the
20 work of the Directorate and on such terms
21 as the Director considers appropriate, in
22 furtherance of the purposes of this Act.
23 ‘‘(B) REPORTS.—Not later than 180 days
24 after the date of enactment of the Endless
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1 the Secretary of State and the Director of the
2 Office of Science and Technology Policy, shall
3 prepare and submit to the relevant congres-
4 sional committees—
5 ‘‘(i) a plan to seek out additional in-
6 vestments from—
7 ‘‘(I) certain designated countries;
8 and
9 ‘‘(II) entities other than institu-
10 tions of higher education; and
11 ‘‘(ii) the planned activities of the Di-
12 rectorate to secure federally funded science
13 and technology pursuant to section 1746 of
14 the National Defense Authorization Act for
15 Fiscal Year 2020 (Public Law 116–92)
16 and section 223 of William M. (Mac)
17 Thornberry National Defense Authoriza-
18 tion Act for Fiscal Year 2021 (Public Law
19 116–283).
20 ‘‘(C) ANNUAL BRIEFING.—Each year, the
21 Director shall formally request a briefing from
22 the Secretary of Defense, the Secretary of Com-
23 merce, the Director of the Federal Bureau of
24 Investigation, the Director of National Intel-
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1 agency heads regarding their efforts to preserve
2 the United States advantages generated by the
3 activity of the Directorate.
4 ‘‘(4) INTERAGENCY COOPERATION.—
5 ‘‘(A) IN GENERAL.—In carrying out this
6 section, the Director and other Federal research
7 agencies, in consultation with the United States
8 Patent and Trademark Office where appro-
9 priate, shall work cooperatively with each other
10 to further the goals of this section in the key
11 technology focus areas.
12 ‘‘(B) COORDINATION WITH NIST AND DE-
13 PARTMENT OF ENERGY.—In making research
14 awards under this section, the Director shall, as
15 appropriate, work in coordination with the Di-
16 rector of the National Institute of Standards
17 and Technology and the Secretary of Energy.
18 ‘‘(C) COMPTROLLER GENERAL REPORT.—
19 Each year, the Comptroller General of the
20 United States shall prepare and submit a report
21 to Congress, and shall simultaneously submit
22 the report to the Director and the Director of
23 the Office of Science and Technology Policy, de-
24 scribing the interagency cooperation that oc-
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1 curred during the preceding year pursuant to
2 this paragraph, including a list of—
3 ‘‘(i) any funds provided under para-
4 graph (3)(A)(ii) to other divisions of the
5 Foundation; and
6 ‘‘(ii) any funds provided under para-
7 graph (3)(A)(iii) to other Federal research
8 agencies.
9 ‘‘(5) PROVIDING SCHOLARSHIPS, FELLOWSHIPS,
10 AND OTHER STUDENT SUPPORT.—
11 ‘‘(A) IN GENERAL.—The Director, acting
12 through the Directorate, shall fund under-
13 graduate scholarships (including at community
14 colleges), graduate fellowships and traineeships,
15 and postdoctoral awards in the key technology
16 focus areas.
17 ‘‘(B) IMPLEMENTATION.—The Director
18 may carry out subparagraph (A) by providing
19 funds—
20 ‘‘(i) for making awards—
21 ‘‘(I) directly to students; and
22 ‘‘(II) to institutions of higher
23 education or consortia of institutions
24 of higher education, including those
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1 operating university technology cen-
2 ters established under paragraph (6);
3 and
4 ‘‘(ii) to programs in Federal research
5 agencies that have experience awarding
6 such scholarships, fellowships, traineeships,
7 or postdoctoral awards.
8 ‘‘(C) BROADENING PARTICIPATION.—In
9 carrying out this paragraph, the Director
10 should work to increase the participation of
11 underrepresented populations in fields related
12 to the key technology focus areas. For that pur-
13 pose, the Director may take such steps as es-
14 tablishing or augmenting programs targeted at
15 underrepresented populations, and supporting
16 traineeships or other relevant programs at insti-
17 tutions of higher education with high enroll-
18 ments of underrepresented populations.
19 ‘‘(D) INNOVATION.—In carrying out this
20 paragraph, the Director shall encourage innova-
21 tion in graduate education, including through
22 encouraging institutions of higher education to
23 offer graduate students opportunities to gain
24 experience in industry or government as part of
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1 for students in professional masters programs
2 related to the key technology focus areas.
3 ‘‘(E) SUPPLEMENT, NOT SUPPLANT.—The
4 Director shall ensure that funds made available
5 under this paragraph shall be used to create ad-
6 ditional support for postsecondary students and
7 shall not displace funding for any other avail-
8 able support.
9 ‘‘(6) UNIVERSITY TECHNOLOGY CENTERS.—
10 ‘‘(A) IN GENERAL.—From amounts made
11 available to the Directorate, the Director shall,
12 through a competitive application and selection
13 process, make awards to institutions of higher
14 education or consortia described in paragraph
15 (3)(A)(i)(III) to establish university technology
16 centers.
17 ‘‘(B) USES OF FUNDS.—
18 ‘‘(i) IN GENERAL.—A center estab-
19 lished under an award under subparagraph
20 (A)—
21 ‘‘(I) shall use support provided
22 under such subparagraph—
23 ‘‘(aa) to carry out basic and
24 translational research to advance
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1 innovation in the key technology
2 focus areas; and
3 ‘‘(bb) to further the develop-
4 ment and commercialization of
5 innovations, including inventions,
6 in the key technology focus areas,
7 including—
8 ‘‘(AA) innovations de-
9 rived from research carried
10 out under item (aa), through
11 such activities as
12 translational research, proof-
13 of-concept development, and
14 prototyping, in order to re-
15 duce the cost, time, and risk
16 of commercializing new tech-
17 nologies;
18 ‘‘(BB) to promote pat-
19 enting and commercializa-
20 tion of inventions derived
21 from research carried out
22 under item (aa); and
23 ‘‘(CC) through the use
24 of public-private partner-
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1 ‘‘(II) may use support provided
2 under such subparagraph—
3 ‘‘(aa) for the costs of equip-
4 ment;
5 ‘‘(bb) for the costs associ-
6 ated with technology transfer and
7 commercialization, including pat-
8 enting and licensing; or
9 ‘‘(cc) for other activities or
10 costs necessary to accomplish the
11 purposes of this section, includ-
12 ing for operations and staff.
13 ‘‘(ii) SUPPORT OF REGIONAL TECH-
14 NOLOGY HUBS.—Each center established
15 under subparagraph (A) may support and
16 participate in, as appropriate, the activities
17 of any regional technology hub designated
18 under section 28(b)(1)(A) of the Steven-
19 son-Wydler Technology Innovation Act of
20 1980.
21 ‘‘(C) SELECTION PROCESS.—In selecting
22 recipients under this paragraph, the Director
23 shall consider—
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1 ‘‘(i) the capacity of the applicant to
2 pursue and advance basic and translational
3 research;
4 ‘‘(ii) the extent to which the appli-
5 cant’s proposed research would be likely to
6 advance American competitiveness in 1 or
7 more key technology focus areas;
8 ‘‘(iii) the extent to which the appli-
9 cant’s proposal would broaden participa-
10 tion by underrepresented populations in
11 those areas;
12 ‘‘(iv) the capacity of the applicant to
13 engage industry, labor, and other appro-
14 priate organizations on any advances;
15 ‘‘(v) whether the applicant’s proposed
16 research will, where applicable, contribute
17 to growth in domestic manufacturing ca-
18 pacity and job creation;
19 ‘‘(vi) the quality of plans for dissemi-
20 nation of research and technology results,
21 in accordance with relevant export control
22 laws;
23 ‘‘(vii) how the applicant will, where
24 applicable, encourage the training and par-
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1 lation of research results to practice, in-
2 cluding the development of new businesses;
3 ‘‘(viii) how the applicant will encour-
4 age the participation of inventors and en-
5 trepreneurs and the development of new
6 businesses, where applicable;
7 ‘‘(ix) regional and geographic diver-
8 sity;
9 ‘‘(x) in the case of a consortium, the
10 extent to which the proposal includes insti-
11 tutions listed in paragraph
12 (3)(A)(i)(III)(bb); and
13 ‘‘(xi) the amount of funds from indus-
14 try organizations described in subpara-
15 graph (D)(ii) the applicant would use to-
16 wards establishing the center under sub-
17 paragraph (A).
18 ‘‘(D) REQUIREMENTS.—The Director shall
19 ensure that any institution of higher education
20 or consortium receiving an award under sub-
21 paragraph (A) has—
22 ‘‘(i) the capacity or the ability to ac-
23 quire the capacity to advance the goals de-
24 scribed in subsection (b)(1); and
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1 ‘‘(ii) secured contributions for estab-
2 lishing the center under subparagraph (A)
3 from industry organizations in an amount
4 not less than 10 percent of the total
5 amount of the award the institution or
6 consortium would receive under subpara-
7 graph (A).
8 ‘‘(7) MOVING TECHNOLOGY FROM LABORATORY
9 TO MARKET.—
10 ‘‘(A) PROGRAM AUTHORIZED.—
11 ‘‘(i) IN GENERAL.—The Director, in
12 coordination with the Director of the Na-
13 tional Institute of Standards and Tech-
14 nology, shall establish a program in the
15 Directorate to make awards, on a competi-
16 tive basis, to institutions of higher edu-
17 cation or consortia described in paragraph
18 (3)(A)(i)(III)—
19 ‘‘(I) to build capacity at an insti-
20 tution of higher education or within
21 the consortium and facilitate collabo-
22 ration with firms in the key tech-
23 nology focus areas to increase the
24 likelihood that new technologies in the
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1 key technology focus areas will suc-
2 ceed in the commercial market; and
3 ‘‘(II) with the goal of promoting
4 experiments with a range of models
5 that institutions of higher education
6 or consortia could use to—
7 ‘‘(aa) enable new tech-
8 nologies and inventions to mature
9 to the point where the tech-
10 nologies are more likely to suc-
11 ceed in the commercial market
12 and promote the creation of high-
13 quality jobs in the United States;
14 and
15 ‘‘(bb) reduce the risks to
16 commercial success for new tech-
17 nologies and inventions earlier in
18 their development.
19 ‘‘(ii) USE FOR TRAINING.—An award
20 under this subparagraph for a purpose de-
21 scribed in subclause (I) or (II) of clause (i)
22 may also enable the institution of higher
23 education or consortium to provide train-
24 ing and support to scientists, engineers,
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1 search, technology transfer, and commer-
2 cialization, including patenting and licens-
3 ing, if the use is included in the proposal
4 submitted under subparagraph (B).
5 ‘‘(B) PROPOSALS.—An institution of high-
6 er education or consortium desiring an award
7 under this paragraph shall submit a proposal to
8 the Director at such time, in such manner, and
9 containing such information as the Director
10 may require. The proposal shall include a de-
11 scription of—
12 ‘‘(i) the broader impact of the pro-
13 posal;
14 ‘‘(ii) the steps the applicant is study-
15 ing or will take to enable technology trans-
16 fer to reduce the risks for commercializa-
17 tion for new technologies, including how
18 the applicant will collaborate with firms in
19 the key technology focus areas;
20 ‘‘(iii) why such steps are likely to be
21 effective;
22 ‘‘(iv) how such steps differ from pre-
23 vious efforts to reduce the risks for com-
24 mercialization for new technologies;
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1 ‘‘(v) whether the commercial viability
2 of any new technologies will promote the
3 creation of high-quality jobs in the United
4 States;
5 ‘‘(vi) how the applicant will, where ap-
6 plicable, encourage the participation of in-
7 ventors and entrepreneurs and the develop-
8 ment of new businesses; and
9 ‘‘(vii) how the applicant will, where
10 applicable, encourage the training and par-
11 ticipation of entrepreneurs and the trans-
12 lation of research results to practice, in-
13 cluding the development of new businesses.
14 ‘‘(C) USE OF FUNDS.—A recipient of an
15 award under this paragraph shall use award
16 funds to reduce the risks for commercialization
17 for new technologies, which may include—
18 ‘‘(i) creating and funding competitions
19 to allow entrepreneurial ideas from institu-
20 tions of higher education or consortia de-
21 scribed in paragraph (3)(A)(i)(III) to illus-
22 trate their commercialization potential;
23 ‘‘(ii) facilitating relationships among
24 local and national business leaders, includ-
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1 ing investors, and potential entrepreneurs
2 to encourage successful commercialization;
3 ‘‘(iii) creating or supporting entities
4 that could enable researchers to further de-
5 velop new technology, through patient cap-
6 ital investment, advice, staff support, or
7 other means;
8 ‘‘(iv) providing facilities for start-up
9 companies where technology maturation
10 could occur;
11 ‘‘(v) covering legal and other fees as-
12 sociated with technology transfer and com-
13 mercialization, including patenting and li-
14 censing; and
15 ‘‘(vi) revising institution policies, in-
16 cluding policies related to intellectual prop-
17 erty and faculty entrepreneurship, to ac-
18 complish the goals of this paragraph.
19 ‘‘(D) REPORTING ON COMMERCIALIZATION
20 BASED ON METRICS.—The Director shall estab-
21 lish—
22 ‘‘(i) metrics related to commercializa-
23 tion for an award under this paragraph;
24 and
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1 ‘‘(ii) a reporting schedule for recipi-
2 ents of such awards that takes into ac-
3 count both short- and long-term goals of
4 the program under this paragraph.
5 ‘‘(8) TEST BEDS.—
6 ‘‘(A) PROGRAM AUTHORIZED.—
7 ‘‘(i) IN GENERAL.—The Director, in
8 coordination with the Director of the Na-
9 tional Institute of Standards and Tech-
10 nology, shall establish a program in the
11 Directorate to make awards, on a competi-
12 tive basis, to institutions of higher edu-
13 cation or consortia described in paragraph
14 (3)(A)(i)(III) to establish and operate test
15 beds and fabrication facilities to advance
16 the operation, integration, deployment,
17 and, as appropriate, manufacturing of new,
18 innovative technologies in the key tech-
19 nology focus areas, which may include
20 hardware or software. The goal of such
21 test beds and facilities shall be to accel-
22 erate the movement of innovative tech-
23 nologies into the commercial market
24 through the private sector.
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1 ‘‘(ii) COORDINATION.—In establishing
2 the program under clause (i), the Director
3 shall ensure coordination in establishing
4 new test beds under this paragraph with
5 other test beds supported by the Founda-
6 tion or established under Manufacturing
7 USA to avoid duplication and maximize
8 the use of Federal resources.
9 ‘‘(B) PROPOSALS.—A proposal submitted
10 under this paragraph shall, at a minimum, de-
11 scribe—
12 ‘‘(i)(I) the technology or technologies
13 that will be the focus of the test bed or
14 fabrication facility;
15 ‘‘(II) the goals of the work to be done
16 at the test bed or facility; and
17 ‘‘(III) the expected schedule for com-
18 pleting that work;
19 ‘‘(ii) how the applicant will assemble a
20 workforce with the skills needed to operate
21 the test bed or facility;
22 ‘‘(iii) how the applicant will ensure
23 broad access to the facility;
24 ‘‘(iv) how the applicant will collabo-
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1 areas, including through coordinated re-
2 search and development and funding, to
3 ensure that work in the test bed or facility
4 will contribute to the commercial viability
5 of any technologies and will include col-
6 laboration from industry and labor organi-
7 zations;
8 ‘‘(v) how the applicant will encourage
9 the participation of inventors and entre-
10 preneurs and the development of new busi-
11 nesses;
12 ‘‘(vi) how the applicant will increase
13 participation by underrepresented popu-
14 lations;
15 ‘‘(vii) how the applicant will dem-
16 onstrate that the commercial viability of
17 any new technologies will support the cre-
18 ation of high-quality domestic jobs;
19 ‘‘(viii) how the test bed or facility will
20 operate after Federal funding has ended;
21 and
22 ‘‘(ix) how the test bed will disseminate
23 lessons and other technical information to
24 United States firms or allied or partner
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1 ‘‘(C) AWARDS.—Awards made under this
2 paragraph shall be for 7 years, with the possi-
3 bility of 5-year extensions.
4 ‘‘(D) AUTHORIZED USE OF FUNDS.—An
5 awardee under this paragraph may, in order to
6 achieve the purposes described in subparagraph
7 (A)(i), use the award for the purchase of equip-
8 ment, the support of graduate students and
9 postdoctoral researchers, and the salaries of
10 staff.
11 ‘‘(E) RESULTS.—An awardee under this
12 paragraph may publish and share with the pub-
13 lic the results of the work conducted under this
14 paragraph.
15 ‘‘(F) INTERAGENCY SEMI-ANNUAL MEET-
16 INGS.—The Director, the Director of the Na-
17 tional Institute of Standards and Technology,
18 and the heads of other departments and agen-
19 cies, or their designees, with test bed related eq-
20 uities shall hold an annual meeting to coordi-
21 nate their respective test bed related invest-
22 ments, future years plan, and other appropriate
23 matters, to avoid conflicts and duplication of ef-
24 forts. Upon request by Congress, Congress shall
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1 ‘‘(9) INAPPLICABILITY.—Section 5(e)(1) shall
2 not apply to grants, contracts, awards, or other ar-
3 rangements made under this section.
4 ‘‘(e) AREAS OF FUNDING SUPPORT.—Subject to the
5 availability of funds to carry out this section, the Director
6 shall endeavor, for each fiscal year, to use—
7 ‘‘(1) not less than 35 percent of funds provided
8 to the Directorate for such year to carry out sub-
9 section (d)(6);
10 ‘‘(2) not less than 15 percent of such funds to
11 carry out the purpose of subsection (d)(5)—
12 ‘‘(A) with the goal of awarding, across the
13 key technology focus areas—
14 ‘‘(i) not fewer than 1,000 postdoctoral
15 awards;
16 ‘‘(ii) not fewer than 2,000 graduate
17 fellowships and traineeships; and
18 ‘‘(iii) not fewer than 1,000 under-
19 graduate scholarships, including scholar-
20 ships to attend community colleges;
21 ‘‘(B) of which not less than 10 percent of
22 the funds designated under this paragraph shall
23 be used to support additional awards to focus
24 on community college training, education, and
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1 tion of underrepresented populations in science,
2 technology, engineering, and mathematics, in-
3 cluding technical programs through programs
4 such as the Advanced Technological Education
5 program;
6 ‘‘(C) of which not less than 20 percent of
7 the funds designated under this paragraph shall
8 be used to support awards for post-doctorate
9 fellowships, graduate fellowships and
10 traineeships, and undergraduate scholarships
11 through institutions of higher education, and
12 other institutions, located in jurisdictions that
13 participate in the Established Program to Stim-
14 ulate Competitive Research under section 113
15 of the National Science Foundation Authoriza-
16 tion Act of 1988 (42 U.S.C. 1862g); and
17 ‘‘(D) if funds remain after carrying out
18 subparagraphs (A), (B), and (C), awards to in-
19 stitutions of higher education to enable the in-
20 stitutions to fund the development and estab-
21 lishment of new or specialized courses of edu-
22 cation for graduate, undergraduate, or technical
23 college students;
24 ‘‘(3) not less than 5 percent of such funds to
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1 ‘‘(4) not less than 10 percent of such funds to
2 carry out subsection (d)(8);
3 ‘‘(5) not less than 15 percent of such funds to
4 carry out research and related activities pursuant to
5 subclauses (I) and (II) of subsection (d)(3)(A)(ii);
6 and
7 ‘‘(6) not less than 20 percent of such funds to
8 support research in the key technology focus areas
9 through the Established Program to Stimulate Com-
10 petitive Research under section 113 of the National
11 Science Foundation Authorization Act of 1988 (42
12 U.S.C. 1862g).
13 ‘‘(f) TECHNICAL ASSISTANCE FOR AWARD RECIPI-
14 ENTS AND APPLICANTS.—The Director may—
15 ‘‘(1) coordinate with other Federal agencies to
16 establish interagency and multidisciplinary teams to
17 provide technical assistance to recipients of, and pro-
18 spective applicants for, awards under this section;
19 ‘‘(2) by Federal interagency agreement and not-
20 withstanding any other provision of law, transfer
21 funds available to carry out this section to the head
22 of another Federal agency to facilitate and support
23 the provision of such technical assistance; and
24 ‘‘(3) enter into contracts with third parties to
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1 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS AND LIM-
2 ITATIONS.—
3 ‘‘(1) AUTHORIZATION FOR THE OFFICE OF IN-
4 SPECTOR GENERAL.—From any amounts appro-
5 priated for the Foundation for a fiscal year, there is
6 authorized to be appropriated for necessary expenses
7 of the Office of Inspector General of the Foundation
8 an amount of not less than $10,000,000 in any fis-
9 cal year appropriation for the Foundation, for over-
10 sight of the programs and activities established
11 under this section in accordance with the Inspector
12 General Act of 1978.
13 ‘‘(2) SUPPLEMENT AND NOT SUPPLANT.—The
14 amounts authorized to be appropriated to carry out
15 this section shall supplement, and not supplant, any
16 other amounts already appropriated to the Founda-
17 tion or Office of Inspector General of the Founda-
18 tion, except with respect to transfers described in
19 paragraph (3).
20 ‘‘(3) TRANSFER OF FUNDS AUTHORITY.—For
21 fiscal years 2022 through 2024, the Director shall
22 transfer any funds appropriated to the Directorate
23 to any other directorate or office of the Foundation
24 for activities directly related to the key technology
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1 ‘‘(4) NO NEW AWARDS.—The Director shall not
2 make any new awards for the activities described in
3 this section for any fiscal year in which the total
4 amount appropriated to the Foundation (not includ-
5 ing amounts appropriated for the Directorate) is less
6 than the total amount appropriated to the Founda-
7 tion (not including such amounts), adjusted by the
8 rate of inflation, for the previous fiscal year.
9 ‘‘(5) NO FUNDS FOR CONSTRUCTION.—No
10 funds provided under this section shall be used for
11 construction.
12 ‘‘(h) RULES OF CONSTRUCTION.—Nothing in this
13 section or any other amendments made to this Act by the
14 Endless Frontier Act shall be construed to alter the mis-
15 sion of any directorate of the Foundation existing prior
16 to the date of enactment of such Act, or to alter the award
17 selection methods or criteria used by such directorates.’’.
18 (c) CHIEF DIVERSITY OFFICER.—The National
19 Science Foundation Act of 1950 (42 U.S.C. 1861 et seq.),
20 as amended by subsection (b), is further amended by in-
21 serting after section 8A the following:
22 ‘‘SEC. 8B. CHIEF DIVERSITY OFFICER.
23 ‘‘(a) CHIEF DIVERSITY OFFICER.—
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1 ‘‘(1) APPOINTMENT.—The Director shall ap-
2 point a Chief Diversity Officer of the National
3 Science Foundation.
4 ‘‘(2) QUALIFICATIONS.—The Chief Diversity
5 Officer should have significant experience with diver-
6 sity and inclusion, in particular within the Federal
7 Government and science community.
8 ‘‘(3) OVERSIGHT.—The Chief Diversity Officer
9 shall report directly to the Director in the perform-
10 ance of the duties of the Chief Diversity Officer
11 under this section.
12 ‘‘(b) DUTIES.—The Chief Diversity Officer is respon-
13 sible for providing advice on policy, oversight, guidance,
14 and coordination with respect to matters of the National
15 Science Foundation related to diversity and inclusion.
16 Other duties may include—
17 ‘‘(1) establishing and maintaining a strategic
18 plan that publicly states a diversity definition, vision,
19 and goals for the National Science Foundation;
20 ‘‘(2) defining a set of strategic metrics that
21 are—
22 ‘‘(A) directly linked to key organizational
23 priorities and goals;
24 ‘‘(B) actionable; and
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1 ‘‘(C) actively used to implement the stra-
2 tegic plan under paragraph (1);
3 ‘‘(3) advising in the establishment of a strategic
4 plan for diverse participation by institutions of high-
5 er education, including community colleges, histori-
6 cally Black colleges and universities, Tribal colleges
7 or universities, and other minority-serving institu-
8 tions (as such terms are defined in section 8A(a)),
9 and individuals;
10 ‘‘(4) advising in the establishment of a strategic
11 plan for outreach to, and recruiting from, untapped
12 locations and underrepresented populations; and
13 ‘‘(5) performing such additional duties and ex-
14 ercise such powers as the Director may prescribe.’’.
15 (d) ANNUAL REPORT ON UNFUNDED PRIORITIES.—
16 (1) ANNUAL REPORT.—Not later than 10 days
17 after the date on which the budget of the President
18 for a fiscal year is submitted to Congress pursuant
19 to section 1105 of title 31, United States Code, the
20 National Science Board shall submit to the Presi-
21 dent and to Congress a report on the unfunded pri-
22 orities of the National Science Foundation.
23 (2) ELEMENTS.—Each report submitted under
24 paragraph (1) shall provide—
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1 (A) for each directorate of the National
2 Science Foundation for the most recent, fully
3 completed fiscal year—
4 (i) the proposal success rate;
5 (ii) the percentage and total funding
6 of proposals that were not funded and that
7 met the criteria for funding; and
8 (iii) the most promising research
9 areas covered by proposals described in
10 clause (ii); and
11 (B) a list, in order of priority, of the next
12 activities approved by the National Science
13 Board to be undertaken in the Major Research
14 Equipment and Facilities Construction account.
15 (e) PILOT PROGRAM.—
16 (1) IN GENERAL.—The Director, acting
17 through the Directorate, shall establish a 5-year
18 pilot program for awarding grants to eligible part-
19 nerships to build research and education capacity at
20 emerging research institutions to enable such insti-
21 tutions to contribute to programs run by the Direc-
22 torate.
23 (2) APPLICATIONS.—An eligible partnership
24 seeking a grant under this subsection shall submit
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1 manner, and containing such information as the Di-
2 rector may reasonably require, including a statement
3 of how the partnership will use the funds awarded
4 through the grant to achieve a lasting increase in
5 the research and education capacity of each emerg-
6 ing research institution included in the eligible part-
7 nership.
8 (3) ACTIVITIES.—An eligible partnership receiv-
9 ing a grant under this subsection may use the funds
10 awarded through such grant for—
11 (A) faculty salaries and training;
12 (B) research experiences for undergraduate
13 and graduate students;
14 (C) maintenance and repair of research
15 equipment and instrumentation; and
16 (D) any other activities the Director deter-
17 mines appropriate.
18 (4) DEFINITIONS.—In this subsection:
19 (A) DIRECTOR.—The term ‘‘Director’’
20 means the Director of the National Science
21 Foundation.
22 (B) DIRECTORATE; EMERGING RESEARCH
23 INSTITUTION.—The terms ‘‘Directorate’’ and
24 ‘‘emerging research institution’’ have the mean-
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1 National Science Foundation Act of 1950, ex-
2 cept that, with respect to the term ‘‘emerging
3 research institution’’, the reference in para-
4 graph (4) of such section to an award under
5 section 8A of that Act shall be deemed a ref-
6 erence to a grant under this subsection.
7 (C) ELIGIBLE PARTNERSHIP.—The term
8 ‘‘eligible partnership’’ means a partnership of—
9 (i) at least 1 emerging research insti-
10 tution; and
11 (ii) at least 1 institution classified as
12 a very high research activity by the Car-
13 negie Classification of Institutions of High-
14 er Education.
15 SEC. 4. ENDLESS FRONTIER FUND.
16 (a) IN GENERAL.—There is authorized to be appro-
17 priated a total of $112,410,000,000 for fiscal years 2022
18 through 2026 for the implementation of this Act and the
19 amendments made by this Act. Such funds shall be avail-
20 able for the implementation of this Act and the amend-
21 ments made by this Act, and shall be administered by the
22 Director of the Office of Science and Technology Policy
23 (referred to in this section as the ‘‘Director’’).
24 (b) USE OF FUNDS.—
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1 (1) SUBMISSION OF ANNUAL ALLOCATION.—
2 Until the date on which all of the amounts in the
3 Fund described in subsection (a) are expended, the
4 Director shall annually submit to Congress, together
5 with the annual budget of the United States, a list
6 of allocations to agencies and departments to imple-
7 ment this Act and the amendments made by this Act
8 that includes a detailed description of each program
9 proposed to be funded, including the estimated ex-
10 penditures from the Fund for the program for the
11 applicable fiscal year.
12 (2) ALTERNATE ALLOCATION.—
13 (A) IN GENERAL.—The Commerce, Jus-
14 tice, Science, and Related Agencies Appropria-
15 tions Act for the relevant fiscal year may pro-
16 vide for alternate allocation of amounts made
17 available under this section.
18 (B) ALLOCATION BY PRESIDENT.—
19 (i) NO ALTERNATE ALLOCATIONS.—If
20 Congress has not enacted legislation estab-
21 lishing alternate allocations as described in
22 subparagraph (A) by the date on which the
23 Act making full-year appropriations for
24 Commerce, Justice, Science, and Related
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1 enacted into law, amounts made available
2 under this section shall be allocated by the
3 Director.
4 (ii) INSUFFICIENT ALTERNATE ALLO-
5 CATION.—If Congress enacts legislation es-
6 tablishing alternate allocations for amounts
7 made available under this section that are
8 less than the full amount authorized to be
9 appropriated to the Fund for that fiscal
10 year under subsection (a), the difference
11 between the amount authorized to be ap-
12 propriated and the alternate allocation
13 shall be allocated by the Director.
14 (c) LIMITATION.—No funds provided under this sec-
15 tion shall be used for construction, except in the case of
16 infrastructure projects described in section 28(b)(1)(B) of
17 the Stevenson-Wydler Technology Innovation Act of 1980
18 (Public Law 96–480), as added by section 7(a) of this Act.
19 (d) SENSE OF CONGRESS.—It is the sense of Con-
20 gress that, during the period of fiscal years 2022 through
21 2026, the Director shall make available, from amounts
22 made available under subsection (a)—
23 (1) $9,425,000,000 to the regional technology
24 hub program under section 28 of the Stevenson-
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1 Wydler Technology Innovation Act of 1980 (Public
2 Law 96–480), as added by section 7 of this Act;
3 (2) $575,000,000 to the comprehensive regional
4 technology strategy grant program under section 29
5 of the Stevenson-Wydler Technology Innovation Act
6 of 1980 (Public Law 96–480), as added by section
7 8 of this Act, of which $100,000,000 shall be made
8 available for each of fiscal years 2022 and 2023 and
9 $125,000,000 shall be made available for each of fis-
10 cal years 2024 through 2026;
11 (3) $100,000,000,000 to the Directorate for
12 Technology and Innovation of the National Science
13 Foundation, of which $5,000,000,000 shall be made
14 available for fiscal year 2022, $10,000,000,000 shall
15 be made available for fiscal year 2023,
16 $20,000,000,000 shall be made available for fiscal
17 year 2024, $30,000,000,000 shall be made available
18 for fiscal year 2025, and $35,000,000,000 shall be
19 made available for fiscal year 2026; and
20 (4) $2,410,000,000 for the period of fiscal
21 years 2022 through 2026 to the Manufacturing
22 USA Program for activities described under section
23 9 of this Act.
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1 SEC. 5. STRATEGY AND REPORT ON ECONOMIC SECURITY,
2 SCIENCE, RESEARCH, AND INNOVATION TO
3 SUPPORT THE NATIONAL SECURITY STRAT-
4 EGY.
5 (a) DEFINITIONS.—In this section:
6 (1) APPROPRIATE COMMITTEES OF CON-
7 GRESS.—The term ‘‘appropriate committees of Con-
8 gress’’ means—
9 (A) the Committee on Agriculture, Nutri-
10 tion, and Forestry, the Committee on Appro-
11 priations, the Committee on Armed Services,
12 the Committee on Banking, Housing, and
13 Urban Affairs, the Committee on the Budget,
14 the Committee on Commerce, Science, and
15 Transportation, the Committee on Energy and
16 Natural Resources, the Committee on Finance,
17 the Committee on Foreign Relations, the Com-
18 mittee on Health, Education, Labor, and Pen-
19 sions, the Committee on Homeland Security
20 and Governmental Affairs, the Committee on
21 the Judiciary, and the Select Committee on In-
22 telligence of the Senate; and
23 (B) the Committee on Agriculture, the
24 Committee on Appropriations, the Committee
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26 Budget, the Committee on Education and
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1 Labor, the Committee on Energy and Com-
2 merce, the Committee on Financial Services,
3 the Committee on Foreign Affairs, the Com-
4 mittee on Homeland Security, the Committee
5 on the Judiciary, the Committee on Oversight
6 and Reform, the Committee on Science, Space,
7 and Technology, the Committee on Ways and
8 Means, and the Permanent Select Committee
9 on Intelligence of the House of Representatives.
10 (2) KEY TECHNOLOGY FOCUS AREA.—The term
11 ‘‘key technology focus area’’ means an area included
12 on the most recent list under section 8A(d)(2) of the
13 National Science Foundation Act of 1950.
14 (3) NATIONAL SECURITY STRATEGY.—The term
15 ‘‘national security strategy’’ means the national se-
16 curity strategy required by section 108 of the Na-
17 tional Security Act of 1947 (50 U.S.C. 3043).
18 (b) STRATEGY AND REPORT.—
19 (1) IN GENERAL.—In 2021 and in each year
20 thereafter before the applicable date set forth under
21 paragraph (2), the Director of the Office of Science
22 and Technology Policy, in coordination with the Di-
23 rector of the National Economic Council, the Direc-
24 tor of the National Science Foundation, the Sec-
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1 National Security Council, the United States Patent
2 and Trademark Office, and the heads of other rel-
3 evant Federal agencies and in consultation with rel-
4 evant nongovernmental partners, shall—
5 (A) review such strategy, programs, and
6 resources as the Director of the Office of
7 Science and Technology Policy determines per-
8 tain to United States national competitiveness
9 in science, research, innovation, and technology
10 transfer, including patenting and licensing, to
11 support the national security strategy;
12 (B) develop or revise a strategy for the
13 Federal Government to improve the national
14 competitiveness of the United States in science,
15 research, and innovation to support the national
16 security strategy; and
17 (C) submit to the appropriate committees
18 of Congress—
19 (i) a report on the findings of the Di-
20 rector with respect to the review conducted
21 under subparagraph (A); and
22 (ii) the strategy developed or revised
23 under subparagraph (B).
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1 (2) APPLICABLE DATES.—In each year, the ap-
2 plicable date set forth under this paragraph is as fol-
3 lows:
4 (A) In 2021, December 31, 2021.
5 (B) In 2022 and every year thereafter—
6 (i) in any year in which a new Presi-
7 dent is inaugurated, October 1 of that
8 year; and
9 (ii) in any other year, the date that is
10 90 days after the date of the transmission
11 to Congress in that year of the national se-
12 curity strategy.
13 (c) ELEMENTS.—
14 (1) REPORT.—Each report submitted under
15 subsection (b)(1)(C)(i) shall include the following:
16 (A) An assessment of public and private
17 investment in civilian and military science and
18 technology and its implications for the
19 geostrategic position and national security of
20 the United States.
21 (B) A description of the prioritized eco-
22 nomic security interests and objectives, includ-
23 ing domestic job creation, of the United States
24 relating to science, research, and innovation
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1 and military science and technology can ad-
2 vance those objectives.
3 (C) An assessment of how regional efforts
4 are contributing and could contribute to the in-
5 novation capacity of the United States, includ-
6 ing—
7 (i) programs run by State and local
8 governments; and
9 (ii) regional factors that are contrib-
10 uting or could contribute positively to inno-
11 vation.
12 (D) An assessment of—
13 (i) workforce needs for competitive-
14 ness and national security in key tech-
15 nology areas; and
16 (ii) Federal support needed—
17 (I) to expand domestic and inter-
18 national student pathways into key
19 technology areas; and
20 (II) to improve workforce devel-
21 opment and employment systems, as
22 well as programs and practices to
23 upskill incumbent workers.
24 (E) An assessment of barriers to competi-
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1 riers to the development and evolution of start-
2 ups, small and mid-sized business entities, and
3 industries in key technology focus areas.
4 (F) An assessment of the effectiveness of
5 the Federal Government, federally funded re-
6 search and development centers, and national
7 labs in supporting and promoting technology
8 commercialization and technology transfer, in-
9 cluding an assessment of the adequacy of Fed-
10 eral research and development funding in pro-
11 moting competitiveness and the development of
12 new technologies.
13 (G) An assessment of manufacturing ca-
14 pacity, logistics, and supply chain dynamics of
15 major export sectors, including access to a
16 skilled workforce, physical infrastructure, and
17 broadband network infrastructure.
18 (H) An assessment of how the Federal
19 Government is increasing the participation of
20 underrepresented populations in science, re-
21 search, innovation, and manufacturing.
22 (I) An assessment of the effectiveness of
23 the Federal Government, federally funded re-
24 search and development centers, and national
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1 processes that emerge from federally funded re-
2 search to new domestic manufacturing growth
3 and job creation across sectors in the United
4 States.
5 (2) STRATEGY.—Each strategy submitted
6 under subsection (b)(1)(C)(ii) shall include the fol-
7 lowing:
8 (A) A plan to utilize available tools to ad-
9 dress or minimize the leading threats and chal-
10 lenges and to take advantage of the leading op-
11 portunities, particularly in regards to tech-
12 nology areas central to competition between the
13 United States and China, including the fol-
14 lowing:
15 (i) Specific objectives, tasks, metrics,
16 and milestones for each relevant Federal
17 agency.
18 (ii) Specific plans to support public
19 and private sector investment in research,
20 technology development, education and
21 workforce development, and domestic man-
22 ufacturing in key technology focus areas
23 supportive of the national economic com-
24 petitiveness of the United States and to
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1 foster the prudent use of public-private
2 partnerships.
3 (iii) Specific plans to promote environ-
4 mental stewardship and fair competition
5 for United States workers.
6 (iv) A description of—
7 (I) how the strategy submitted
8 under subsection (b)(1)(C)(ii) sup-
9 ports the national security strategy;
10 and
11 (II) how the strategy submitted
12 under such subsection is integrated
13 and coordinated with the most recent
14 national defense strategy under sec-
15 tion 113(g) of title 10, United States
16 Code.
17 (v) A plan to encourage the govern-
18 ments of countries that are allies or part-
19 ners of the United States to cooperate with
20 the execution of the strategy submitted
21 under subsection (b)(1)(C)(ii), where ap-
22 propriate.
23 (vi) A plan to encourage certain inter-
24 national and multilateral organizations to
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1 support the implementation of such strat-
2 egy.
3 (vii) A plan for how the United States
4 should develop local and regional capacity
5 for building innovation ecosystems across
6 the Nation by providing Federal support.
7 (viii) A plan for strengthening the in-
8 dustrial base of the United States.
9 (B) An identification of additional re-
10 sources, administrative action, or legislative ac-
11 tion recommended to assist with the implemen-
12 tation of such strategy.
13 (d) FORM OF REPORTS AND STRATEGIES.—Each re-
14 port and strategy submitted under subsection (b)(1)(C)
15 shall be submitted in unclassified form, but may include
16 a classified annex.
17 SEC. 6. SUPPLY CHAIN RESILIENCY PROGRAM.
18 (a) DEFINITIONS.—In this section:
19 (1) CRITICAL INDUSTRY.—The term ‘‘critical
20 industry’’ means—
21 (A) key technology focus areas, as defined
22 in section 8A(a) of the National Science Foun-
23 dation Act of 1950, as added by section 3(b) of
24 this Act; and
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1 (B) areas identified by the report in sub-
2 section (f).
3 (2) CRITICAL INFRASTRUCTURE.—The term
4 ‘‘critical infrastructure’’ has the meaning given the
5 term in the Critical Infrastructures Protection Act
6 of 2001 (42 U.S.C. 5195c).
7 (3) FOREIGN ENTITY.—The term ‘‘foreign enti-
8 ty’’—
9 (A) means—
10 (i) the government of a foreign coun-
11 try;
12 (ii) a foreign political party;
13 (iii) an individual who is not a pro-
14 tected individual (as defined in section
15 274B(a)(3) of the Immigration and Na-
16 tionality Act (8 U.S.C. 1324b(a)(3))); or
17 (iv) a partnership, association, cor-
18 poration, organization, or other combina-
19 tion of persons organized under the laws
20 of, or having its principal place of business
21 in, a foreign country; and
22 (B) includes—
23 (i) any person owned by, controlled
24 by, or subject to the jurisdiction or direc-
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1 tion of, a person described in subpara-
2 graph (A);
3 (ii) any person, wherever located, that
4 acts as an agent, representative, or em-
5 ployee of a person described in subpara-
6 graph (A);
7 (iii) any person that acts in any other
8 capacity at the order or request, or under
9 the direction or control, of—
10 (I) a person described in sub-
11 paragraph (A); or
12 (II) a person, the activities of
13 which are directly or indirectly super-
14 vised, directed, controlled, financed, or
15 subsidized in whole or in majority
16 part by a person described in subpara-
17 graph (A);
18 (iv) any person that directly or indi-
19 rectly through any contract, arrangement,
20 understanding, relationship, or otherwise
21 owns not less than 25 percent of the equity
22 interests of a person described in subpara-
23 graph (A);
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1 (v) any person with significant re-
2 sponsibility to control, manage, or direct a
3 person described in subparagraph (A);
4 (vi) any individual, wherever located,
5 who is a citizen or resident of a country
6 controlled by a person described in sub-
7 paragraph (A); and
8 (vii) any corporation, partnership, as-
9 sociation, or other organization organized
10 under the laws of a country controlled by
11 a person described in subparagraph (A).
12 (4) FOREIGN ENTITY OF CONCERN.—The term
13 ‘‘foreign entity of concern’’ means a foreign entity
14 that is—
15 (A) designated as a foreign terrorist orga-
16 nization by the Secretary of State under section
17 219(a) of the Immigration and Nationality Act
18 (8 U.S.C. 1189(a));
19 (B) included on the list of specially des-
20 ignated nationals and blocked persons main-
21 tained by the Office of Foreign Assets Control
22 of the Department of the Treasury (commonly
23 known as the ‘‘SDN list’’);
24 (C) owned by, controlled by, or subject to
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1 a foreign country that is a covered nation (as
2 defined in section 2533c(d) of title 10, United
3 States Code);
4 (D) alleged by the Attorney General to
5 have been involved in activities for which a con-
6 viction was obtained under—
7 (i) chapter 37 of title 18, United
8 States Code (commonly known as the ‘‘Es-
9 pionage Act’’);
10 (ii) section 951 or 1030 of title 18,
11 United States Code;
12 (iii) chapter 90 of title 18, United
13 States Code (commonly known as the
14 ‘‘Economic Espionage Act of 1996’’);
15 (iv) the Arms Export Control Act (22
16 U.S.C. 2751 et seq.);
17 (v) section 224, 225, 226, 227, or 236
18 of the Atomic Energy Act of 1954 (42
19 U.S.C. 2274, 2275, 2276, 2277, and
20 2284);
21 (vi) the Export Control Reform Act of
22 2018 (50 U.S.C. 4801 et seq.); or
23 (vii) the International Emergency
24 Economic Powers Act (50 U.S.C. 1701 et
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1 (E) determined by the Secretary, in con-
2 sultation with the Secretary of Defense and the
3 Director of National Intelligence, to be engaged
4 in unauthorized conduct that is detrimental to
5 the national security or foreign policy of the
6 United States.
7 (5) LABOR ORGANIZATION.—The term ‘‘labor
8 organization’’ has the meaning given such term in
9 section 8A(a) of the National Science Foundation
10 Act of 1950.
11 (6) PROGRAM.—The term ‘‘program’’ means
12 the supply chain resiliency and crisis response pro-
13 gram established under subsection (b).
14 (7) RELEVANT COMMITTEES OF CONGRESS.—
15 The term ‘‘relevant committees of Congress’’
16 means—
17 (A) the Committee on Commerce, Science,
18 and Transportation of the Senate;
19 (B) the Committee on Appropriations of
20 the Senate;
21 (C) the Committee on Finance of the Sen-
22 ate;
23 (D) the Committee on Homeland Security
24 and Governmental Affairs of the Senate;
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1 (E) the Committee on Armed Services of
2 the Senate;
3 (F) the Select Committee on Intelligence of
4 the Senate;
5 (G) the Committee on Science, Space, and
6 Technology of the House of Representatives;
7 (H) the Committee on Energy and Com-
8 merce of the House of Representatives;
9 (I) the Committee on Appropriations of the
10 House of Representatives;
11 (J) the Committee on Ways and Means of
12 the House of Representatives;
13 (K) the Committee on Homeland Security
14 of the House of Representatives;
15 (L) the Committee on Armed Services of
16 the House of Representatives; and
17 (M) the Permanent Select Committee on
18 Intelligence of the House of Representatives.
19 (8) SECRETARY.—The term ‘‘Secretary’’ means
20 the Secretary of Commerce.
21 (b) ESTABLISHMENT.—The Secretary shall establish
22 in the Department of Commerce a supply chain resiliency
23 and crisis response program to carry out the activities de-
24 scribed in subsection (d).
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25 (c) MISSION AND PRIORITIES.—
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1 (1) MISSION.—The mission of the program is
2 to—
3 (A) ensure the leadership of the United
4 States with respect to industries that are essen-
5 tial to mid-term and long-term national security
6 and economic competitiveness;
7 (B) promote, in partnership with the pri-
8 vate sector and other relevant stakeholders, the
9 resiliency of supply chains of the United States
10 and allied or partner countries; and
11 (C) encourage partnerships between the
12 Federal Government and industry, labor organi-
13 zations, and State, local, territorial, and Tribal
14 governments in order to better respond to sup-
15 ply chain crises.
16 (2) PRIORITIES.—The program shall—
17 (A) in partnership with the private sector,
18 build resilient and secure supply chains (includ-
19 ing through the mid-term and long-term diver-
20 sification of key supply chains, which shall in-
21 clude the support of small- and medium-sized
22 businesses) that can ensure the access of the
23 United States to critical goods and services in
24 the face of shocks, including pandemic and bio-
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1 events, terrorist and geopolitical attacks, great
2 power conflict, and other threats to national se-
3 curity, with key parts of such resilience being—
4 (i) the diversification of key supply
5 chains with allies or key partners; and
6 (ii) working with allies or key partners
7 through agreements and other commit-
8 ments; and
9 (B) support collaboration with allies or key
10 partners to collectively build and strengthen re-
11 silient global supply chains, including through
12 identifying supply chain vulnerabilities, expand-
13 ing productive capacity, and stockpiling essen-
14 tial goods.
15 (d) ACTIVITIES.—Under the program, the Secretary,
16 acting through 1 or more bureaus or other divisions of
17 the Department of Commerce as appropriate, shall carry
18 out activities—
19 (1) to map and monitor key supply chains and
20 to identify current and future key supply chain gaps
21 and vulnerabilities in critical industries;
22 (2) to develop or identify opportunities to build
23 domestic capacity, and cooperate with allies or key
24 partners, to address supply chain gaps and
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1 (3) to consult and collaborate with the Director
2 of the Office of Management and Budget, the Sec-
3 retary of Defense, the Secretary of Homeland Secu-
4 rity, the Secretary of the Treasury, the Secretary of
5 Energy, the Secretary of Transportation, the Sec-
6 retary of Agriculture, the Secretary of State, the Di-
7 rector of National Intelligence, the Director of the
8 Office of Science and Technology Policy, and, as ap-
9 propriate, the heads of other Federal departments
10 and agencies to invest in urgent supply chain gaps;
11 (4) to encourage partnerships between the Fed-
12 eral Government and industry, labor organizations,
13 and State, local, territorial, and Tribal governments
14 to better respond to crises;
15 (5) to support the distribution of critical re-
16 sources to areas that have the greatest needs during
17 crises;
18 (6) to develop contingency plans to ensure a re-
19 silient supply chain response for potential crises;
20 (7) to ensure that allies and key partners have
21 supply chains that are capable of supporting critical
22 industries; and
23 (8) to enter into agreements and partnerships
24 with allied or partner governments to promote diver-
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1 of critical goods to both the United States and allied
2 companies.
3 (e) AUTHORITIES.—The Secretary may—
4 (1) establish a unified coordination group to
5 serve as the primary method for coordinating be-
6 tween and among Federal departments and agencies
7 in response to known supply chain risks as well as
8 for integrating private sector partners into efforts,
9 as appropriate, to—
10 (A) study technical, engineering, and oper-
11 ational data acquired on a voluntary basis from
12 the private sector, in a manner that ensures
13 any data provided by the private sector is kept
14 confidential and as required under section 552
15 of title 5, United States Code (commonly known
16 as the ‘‘Freedom of Information Act’’);
17 (B) directly receive whistleblower com-
18 plaints with appropriate protection; and
19 (C) identify key competitiveness challenges
20 in critical industries;
21 (2) enter into agreements with allied or partner
22 governments regarding supply chain security assur-
23 ances;
24 (3) coordinate with other divisions of the De-
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1 ments and agencies to leverage existing authorities,
2 as of the date of enactment of this Act, to strength-
3 en supply chain resilience; and
4 (4) with the approval of the Committee on Ap-
5 propriations of the Senate and the Committee on
6 Appropriations of the House of Representatives,
7 transfer funds to, or receive funds from, other de-
8 partments and agencies to implement the program.
9 (f) REPORT ON SUPPLY CHAIN RESILIENCY AND DO-
10 MESTIC MANUFACTURING.—Not later than 180 days after
11 the date of enactment of this Act, and not less frequently
12 than every 2 years thereafter, the Secretary shall submit
13 to the relevant committees of Congress a review, in coordi-
14 nation with other relevant Federal departments and agen-
15 cies—
16 (1) identifying—
17 (A) technologies critical to economic com-
18 petitiveness and national security; and
19 (B) supplies critical to the crisis prepared-
20 ness of the United States, such as medical sup-
21 plies, personal protective equipment, disaster
22 response necessities, electrical generation tech-
23 nology, materials essential to critical infrastruc-
24 ture operation or repair and renovation, and
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1 (2) describing—
2 (A) the current domestic manufacturing
3 base and supply chains for those technologies
4 and supplies, including raw materials, produc-
5 tion equipment, and other goods essential to the
6 production of those technologies and supplies;
7 and
8 (B) the ability of the United States to
9 maintain readiness and to surge produce those
10 technologies and supplies in response to an
11 emergency;
12 (3) identifying defense, intelligence, homeland,
13 economic, domestic labor supply, natural, geo-
14 political, or other contingencies that may disrupt,
15 strain, compromise, or eliminate the supply chain for
16 those technologies and supplies;
17 (4) assessing the resiliency and capacity of the
18 domestic, allied, and partner manufacturing base,
19 supply chains, and workforce to support the need for
20 those technologies and supplies, including any single
21 points of failure in those supply chains;
22 (5) assessing flexible manufacturing capacity
23 available in the United States in cases of emergency;
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1 (6) making specific recommendations to im-
2 prove the security and resiliency of manufacturing
3 capacity and supply chains by—
4 (A) developing long-term strategies;
5 (B) increasing visibility throughout mul-
6 tiple supplier tiers;
7 (C) identifying and mitigating risks, in-
8 cluding the financial and operational risks of a
9 supply chain, vulnerabilities to extreme weather
10 events, cyberattacks, pandemic and biological
11 threats, terrorist and geopolitical attacks, and
12 other emergencies, and exposure to gaps in do-
13 mestic sourcing and import exposure;
14 (D) identifying enterprise resource plan-
15 ning systems that are compatible across supply
16 chain tiers and are affordable for small and me-
17 dium-sized businesses;
18 (E) understanding the total cost of owner-
19 ship, total value contribution, and other best
20 practices that encourage strategic partnerships
21 throughout the supply chain;
22 (F) understanding Federal procurement
23 opportunities to increase resiliency of supply
24 chains for goods and services and fill gaps in
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1 (G) identifying policies to maximize domes-
2 tic job retention and creation, including work-
3 force development programs;
4 (H) identifying and mitigating risks associ-
5 ated with allied or key partner countries in
6 building more resilient supply chains; and
7 (I) identifying such other services as the
8 Secretary considers necessary;
9 (7) providing guidance on technologies and sup-
10 plies to be prioritized for assistance and other activi-
11 ties under the Department of Commerce, the Na-
12 tional Science Foundation, and other relevant Fed-
13 eral agencies;
14 (8) reviewing and, if appropriate, expanding the
15 sourcing of goods associated with critical technology
16 areas from allies or key partners, including rec-
17 ommendations for coordination with allies or key
18 partners on sourcing critical products; and
19 (9) monitoring and strengthening the financial
20 and operational health of small and medium enter-
21 prises in domestic, allied, and partner supply chains
22 to mitigate risks and ensure diverse, competitive
23 supplier markets that are less vulnerable to single
24 points of failure.
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25 (g) ADDITIONAL HIRING AUTHORITY.—
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1 (1) IN GENERAL.—To the extent needed to
2 carry out the program, the Secretary may—
3 (A) utilize hiring authorities under section
4 3372 of title 5, United States Code, to staff the
5 program with employees from other Federal
6 agencies, institutions of higher education, and
7 other organizations as described in that section
8 with relevant experience in supply chain man-
9 agement and investment in the same manner
10 and subject to the same conditions that apply
11 to such individuals utilized to accomplish other
12 missions of the Department of Commerce;
13 (B) appoint and fix the compensation of
14 such temporary personnel as may be necessary
15 to implement the requirements of this section
16 relating to the program, without regard to the
17 provisions of title 5, United States Code, gov-
18 erning appointments in the competitive service;
19 and
20 (C) appoint an individual appointed under
21 subparagraph (B), after serving continuously
22 for not less than 2 years, to a position in the
23 Department of Commerce in the same manner
24 that an employee serving in a position in the
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1 competitive service may be transferred, reas-
2 signed, or promoted.
3 (2) NO REIMBURSEMENT.—Any assignment
4 provided under paragraph (1)(A) shall be made
5 without reimbursement.
6 (3) EFFECT OF APPOINTMENT.—An individual
7 appointed as described in paragraph (1)(C) shall be
8 considered to be appointed under a career-condi-
9 tional appointment, unless the individual, as of the
10 date on which the individual is appointed, has com-
11 pleted a sufficient amount of creditable service to at-
12 tain a permanent career appointment.
13 (h) SEMICONDUCTOR INCENTIVES.—
14 (1) IN GENERAL.—The Secretary shall carry
15 out the program established under section 9902 of
16 the William M. (Mac) Thornberry National Defense
17 Authorization Act for Fiscal Year 2021 (Public Law
18 116–283) as part of the program.
19 (2) TECHNICAL AND CONFORMING AMEND-
20 MENT.—Section 9902(a)(1) of the William M. (Mac)
21 Thornberry National Defense Authorization Act for
22 Fiscal Year 2021 (Public Law 116–283) is amended
23 by striking ‘‘in the Department of Commerce’’ and
24 inserting ‘‘as part of the program established under
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1 (i) REPORT TO CONGRESS.—Concurrent with the an-
2 nual submission by the President of a budget under sec-
3 tion 1105 of title 31, United States Code, the Secretary
4 shall submit to the relevant committees of Congress a re-
5 port that contains a summary of all activities carried out
6 under this section for the year covered by the report.
7 (j) COORDINATION.—The Secretary of Commerce
8 shall, as appropriate, coordinate with the heads of other
9 Federal departments and agencies, including the Sec-
10 retary of State and the United States Trade Representa-
11 tive, in the implementation of this program.
12 (k) RULE OF CONSTRUCTION REGARDING PRIVATE
13 ENTITIES.—Nothing in this section shall be construed to
14 require any private entity—
15 (1) to request assistance from the Secretary; or
16 (2) that requested such assistance from the
17 Secretary to implement any measure or rec-
18 ommendation suggested by the Secretary.
19 (l) FUNDING.—
20 (1) IN GENERAL.—There are authorized to be
21 appropriated to the Secretary such sums as may be
22 necessary to carry out this section, which shall re-
23 main available until expended.
24 (2) INSPECTOR GENERAL FUNDING.—Of the
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1 this section, not more than 2 percent of those
2 amounts shall be available to the Inspector General
3 of the Department of Commerce to conduct over-
4 sight activities with respect to the program.
5 (3) TRANSFERS.—Of the amounts made avail-
6 able in a fiscal year to carry out this section, the
7 Secretary may transfer not more than 5 percent of
8 those amounts to the account under the heading
9 ‘‘Department of Commerce—Salaries and Expenses’’
10 to provide for administration and oversight activities
11 relating to the program.
12 SEC. 7. REGIONAL TECHNOLOGY HUB PROGRAM.
13 (a) IN GENERAL.—The Stevenson-Wydler Tech-
14 nology Innovation Act of 1980 (Public Law 96–480; 15
15 U.S.C. 3701 et seq.) is amended—
16 (1) by redesignating section 28 as section 30;
17 and
18 (2) by inserting after section 27 the following:
19 ‘‘SEC. 28. REGIONAL TECHNOLOGY HUB PROGRAM.
20 ‘‘(a) DEFINITIONS.—In this section:
21 ‘‘(1) APPROPRIATE COMMITTEES OF CON-
22 GRESS.—The term ‘appropriate committees of Con-
23 gress’ means—
24 ‘‘(A) the Committee on Commerce,
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1 Environment and Public Works, and the Com-
2 mittee on Appropriations of the Senate; and
3 ‘‘(B) the Committee on Science, Space,
4 and Technology, the Committee on Transpor-
5 tation and Infrastructure, and the Committee
6 on Appropriations of the House of Representa-
7 tives.
8 ‘‘(2) COOPERATIVE EXTENSION.—The term ‘co-
9 operative extension’ has the meaning given the term
10 ‘extension’ in section 1404 of the Food and Agri-
11 culture Act of 1977 (7 U.S.C. 3103).
12 ‘‘(3) KEY TECHNOLOGY FOCUS AREAS.—The
13 term ‘key technology focus areas’ means the areas
14 included on the most recent list under section
15 8A(d)(2) of the National Science Foundation Act of
16 1950.
17 ‘‘(4) LABOR ORGANIZATION.—The term ‘labor
18 organization’ has the meaning given such term in
19 section 8A(a) of the National Science Foundation
20 Act of 1950.
21 ‘‘(5) LARGE METROPOLITAN COMMUNITIES.—
22 The term ‘large metropolitan community’ means a
23 metropolitan statistical area with a population of
24 more than 500,000.
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1 ‘‘(6) MANUFACTURING EXTENSION CENTER.—
2 The term ‘manufacturing extension center’ has the
3 meaning given the term ‘Center’ in section 25(a) of
4 the National Institute of Standards and Technology
5 Act (15 U.S.C. 278k(a)).
6 ‘‘(7) MANUFACTURING USA INSTITUTE.—The
7 term ‘Manufacturing USA institute’ means a Manu-
8 facturing USA institute described in section 34(d) of
9 the National Institute of Standards and Technology
10 Act (15 U.S.C. 278s(d)).
11 ‘‘(8) MID-SIZED METROPOLITAN COMMU-
12 NITIES.—The term ‘mid-sized metropolitan commu-
13 nity’ means a metropolitan statistical area with a
14 population of more than 200,000 and not more than
15 500,000.
16 ‘‘(9) OTHER TECHNOLOGY AND INNOVATION
17 SECTORS CRITICAL TO NATIONAL AND ECONOMIC SE-
18 CURITY.—The term ‘other technology and innovation
19 sectors critical to national and economic security’
20 means other technology and innovation sectors that
21 the Secretary determines are critical to national and
22 economic security.
23 ‘‘(10) SMALL AND RURAL COMMUNITIES.—The
24 term ‘small and rural community’ means a noncore
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1 statistical area with a population of not more than
2 200,000.
3 ‘‘(11) VENTURE DEVELOPMENT ORGANIZA-
4 TION.—The term ‘venture development organization’
5 means a State or nonprofit organization focused pri-
6 marily toward strengthening regional economic de-
7 velopment through innovation by—
8 ‘‘(A) accelerating the commercialization of
9 research and technology;
10 ‘‘(B) strengthening the competitive posi-
11 tion of startups and industry through the devel-
12 opment, commercial adoption, or deployment of
13 technology;
14 ‘‘(C) providing financial grants, loans, or
15 direct investment to commercialize technology;
16 ‘‘(D) pairing direct financial assistance
17 under subparagraph (C) with entrepreneurship,
18 technological, or business assistance to maxi-
19 mize the likelihood of success for a venture and
20 increased employment growth for the region or
21 a sector; and
22 ‘‘(E) returning any proceeds gained from
23 direct financial assistance made using organiza-
24 tion funds to the organization for future rein-
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1 vestment, entrepreneurial assistance, and sup-
2 port of operations.
3 ‘‘(b) REGIONAL TECHNOLOGY HUB PROGRAM.—
4 ‘‘(1) IN GENERAL.—The Secretary shall carry
5 out a program—
6 ‘‘(A) to designate eligible consortia as re-
7 gional technology hubs that create the condi-
8 tions, within a region, to facilitate activities
9 that—
10 ‘‘(i) enable United States leadership
11 in a key technology focus area, comple-
12 menting the Federal research and develop-
13 ment investments under section 8A of the
14 National Science Foundation Act of 1950,
15 or other technology and innovation sectors
16 critical to national and economic security;
17 ‘‘(ii) support regional economic devel-
18 opment that diffuses innovation around the
19 United States, enabling better broad-based
20 growth and competitiveness in key tech-
21 nology focus areas;
22 ‘‘(iii) support domestic job creation;
23 and
24 ‘‘(iv) otherwise support the purposes
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1 ‘‘(B) to support regional technology hubs
2 designated under subparagraph (A); and
3 ‘‘(C) to conduct ongoing research, evalua-
4 tion, analysis, and dissemination of best prac-
5 tices for regional development and competitive-
6 ness in technology and innovation.
7 ‘‘(2) PURPOSES.—The purposes of the program
8 carried out under paragraph (1) are as follows:
9 ‘‘(A) To designate eligible consortia as re-
10 gional technology hubs throughout the United
11 States that create the conditions within a re-
12 gion to facilitate activities that establish the
13 global competitive edge of the United States in
14 the 21st century across a range of technology
15 and innovation sectors critical to national and
16 economic security, including to encourage lower-
17 cost but economically viable technology hubs in
18 the United States to reduce technology
19 offshoring.
20 ‘‘(B) To encourage new and constructive
21 collaboration among local, State, and Federal
22 Government entities, academia, private indus-
23 try, and labor organizations to mobilize invest-
24 ment, talent, entrepreneurship, and innovation
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1 manufacturing in a range of technology and in-
2 novation sectors critical to national and eco-
3 nomic security.
4 ‘‘(C) To assist regions across the United
5 States, including small cities and rural areas—
6 ‘‘(i) to develop and implement strate-
7 gies through technology-based economic
8 development practices, including infra-
9 structure and workforce development, en-
10 trepreneurship and commercialization sup-
11 port, increasing access to capital, and
12 building networks and systems to help
13 bring ideas and businesses to market, and
14 other relevant activities;
15 ‘‘(ii) to improve domestic supply
16 chains in technology and innovation sec-
17 tors; and
18 ‘‘(iii) to enable broad-based economic
19 growth, job creation and competitiveness in
20 the United States.
21 ‘‘(3) ADMINISTRATION.—The Secretary shall
22 carry out this section through the Assistant Sec-
23 retary of Commerce for Economic Development, in
24 coordination with the Under Secretary of Commerce
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1 ‘‘(c) ELIGIBLE CONSORTIA.—For purposes of this
2 section, an eligible consortium is a consortium that—
3 ‘‘(1) includes 1 or more—
4 ‘‘(A) institutions of higher education;
5 ‘‘(B) local or Tribal governments or other
6 political subdivisions of a State;
7 ‘‘(C) State governments represented by an
8 agency designated by the governor of the State
9 or States that is representative of the geo-
10 graphic area served by the consortia;
11 ‘‘(D) economic development organizations
12 or similar entities that are focused primarily on
13 improving science, technology, innovation, or
14 entrepreneurship;
15 ‘‘(E) industry or firms in relevant tech-
16 nology or innovation sectors;
17 ‘‘(F) labor organizations; and
18 ‘‘(G) workforce training organizations, in-
19 cluding State and local workforce development
20 boards as established under section 101 of the
21 Workforce Investment and Opportunity Act (29
22 U.S.C. 3111); and
23 ‘‘(2) may include 1 or more—
24 ‘‘(A) nonprofit economic development enti-
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1 organization (as defined in section 300.3 of title
2 13, Code of Federal Regulations, or successor
3 regulation);
4 ‘‘(B) for-profit entities with relevant exper-
5 tise;
6 ‘‘(C) venture development organizations;
7 ‘‘(D) financial institutions and investment
8 funds;
9 ‘‘(E) primary and secondary educational
10 institutions, including career and technical edu-
11 cation schools;
12 ‘‘(F) industry and industry associations;
13 ‘‘(G) National Laboratories (as defined in
14 section 2 of the Energy Policy Act of 2005 (42
15 U.S.C. 15801));
16 ‘‘(H) Federal laboratories;
17 ‘‘(I) manufacturing extension centers;
18 ‘‘(J) Manufacturing USA institutes;
19 ‘‘(K) institutions receiving an award under
20 paragraph (6) or (7) of section 8A(d) of the
21 National Science Foundation Act of 1950; and
22 ‘‘(L) a cooperative extension.
23 ‘‘(d) DESIGNATION OF REGIONAL TECHNOLOGY
24 HUBS.—
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1 ‘‘(1) IN GENERAL.—The Secretary shall use a
2 competitive process for the designation of regional
3 technology hubs under subsection (b)(1)(A).
4 ‘‘(2) NUMBER OF REGIONAL TECHNOLOGY
5 HUBS.—During the 5-year period beginning on the
6 date of the enactment of the Endless Frontier Act,
7 the Secretary shall designate not fewer than 10 and
8 not more than 15 eligible consortia as regional tech-
9 nology hubs under subsection (b)(1)(A), if the Sec-
10 retary has received a sufficient number of qualified
11 applications and appropriations to carry out this sec-
12 tion.
13 ‘‘(3) GEOGRAPHIC DISTRIBUTION.—In con-
14 ducting the competitive process under paragraph
15 (1), the Secretary shall ensure geographic distribu-
16 tion in the designation of regional technology hubs
17 by—
18 ‘‘(A) aiming to designate regional tech-
19 nology hubs in as many regions of the United
20 States as possible; and
21 ‘‘(B) focusing on localities that have clear
22 potential and relevant assets for developing a
23 self-sustaining competitive position in a tech-
24 nology or innovation sector but have not yet be-
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1 ‘‘(4) ELIGIBLE CONSORTIA THAT SERVE SMALL
2 AND RURAL COMMUNITIES.—Under subsection
3 (b)(1)(A), the Secretary shall designate at least 3 el-
4 igible consortia that—
5 ‘‘(A) serve small and rural communities;
6 and
7 ‘‘(B) have received a grant under section
8 29.
9 ‘‘(5) EPSCOR.—The Secretary shall ensure
10 that, of the eligible consortia designated as regional
11 technology hubs under subsection (b)(1)(A), not
12 fewer than 5 of such consortia include at least 1
13 State that is eligible to receive funding from the Es-
14 tablished Program to Stimulate Competitive Re-
15 search of the National Science Foundation.
16 ‘‘(6) RELATION TO CERTAIN GRANT AWARDS.—
17 The Secretary may not require an eligible consor-
18 tium to receive a grant under section 29 in order to
19 be designated as a regional technology hub under
20 subsection (b)(1)(A) of this section.
21 ‘‘(e) GRANTS AND COOPERATIVE AGREEMENTS.—
22 ‘‘(1) IN GENERAL.—The Secretary shall carry
23 out subparagraph (B) of subsection (b)(1) through
24 the award of grants or cooperative agreements to eli-
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1 gible consortia designated under subparagraph (A)
2 of such subsection.
3 ‘‘(2) TERM.—
4 ‘‘(A) IN GENERAL.—The term of a grant
5 or cooperative agreement awarded under para-
6 graph (1) shall be for such period as the Sec-
7 retary considers appropriate.
8 ‘‘(B) RENEWAL.—The Secretary may
9 renew a grant or cooperative agreement award-
10 ed to an eligible consortia under paragraph (1)
11 as the Secretary considers appropriate if the
12 Secretary determines pursuant to subsection (i)
13 that the performance of the eligible consortia is
14 satisfactory.
15 ‘‘(3) MATCHING REQUIRED.—
16 ‘‘(A) IN GENERAL.—Except in the case of
17 an eligible consortium described in subpara-
18 graph (B), the total Federal financial assistance
19 awarded in a given year to an eligible consor-
20 tium in support of the eligible consortium’s op-
21 eration as a regional technology hub under this
22 section shall not exceed amounts as follows:
23 ‘‘(i) In first year of the grant or coop-
24 erative agreement, 90 percent of the total
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1 operating and maintenance costs of the re-
2 gional technology hub in that fiscal year.
3 ‘‘(ii) In second year of the grant or
4 cooperative agreement, 85 percent of the
5 total operating and maintenance costs of
6 the regional technology hub in that fiscal
7 year.
8 ‘‘(iii) In third year of the grant or co-
9 operative agreement, 80 percent of the
10 total operating and maintenance costs of
11 the regional technology hub in that fiscal
12 year.
13 ‘‘(iv) In fourth year of the grant or
14 cooperative agreement and each year there-
15 after, 75 percent of the total operating and
16 maintenance costs of the regional tech-
17 nology hub in that fiscal year.
18 ‘‘(B) SMALL AND RURAL COMMUNITIES
19 AND INDIAN TRIBES.—
20 ‘‘(i) IN GENERAL.—The total Federal
21 financial assistance awarded in a given
22 year to an eligible consortium in support of
23 the eligible consortium’s operation as a re-
24 gional technology hub under this section
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1 ‘‘(I) In the case of an eligible
2 consortium that represents a small
3 and rural community, in a fiscal year,
4 90 percent of the total funding of the
5 regional technology hub in that fiscal
6 year.
7 ‘‘(II) In the case of an eligible
8 consortium that is led by a Tribal
9 government, in a fiscal year, 100 per-
10 cent of the total funding of the re-
11 gional technology hub in that fiscal
12 year.
13 ‘‘(ii) MINIMUM THRESHOLD OR RURAL
14 REPRESENTATION.—The Secretary shall
15 establish a minimum threshold of rural
16 representation for purposes of clause (i)(I).
17 ‘‘(C) IN-KIND CONTRIBUTIONS.—For pur-
18 poses of this paragraph, in-kind contributions
19 may be used for part of the non-Federal share
20 of the total funding of a regional technology
21 hub in a fiscal year.
22 ‘‘(4) USE OF GRANT AND COOPERATIVE AGREE-
23 MENT FUNDS.—The recipient of a grant or coopera-
24 tive agreement awarded under paragraph (1) shall
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1 activities determined appropriate by the Secretary,
2 including—
3 ‘‘(A) the permissible activities set forth
4 under section 27(c)(2); and
5 ‘‘(B) activities in support of key technology
6 focus areas and other technology and innova-
7 tion sectors critical to national and economic se-
8 curity—
9 ‘‘(i) to develop regional strategies for
10 infrastructure and site development in sup-
11 port of the regional technology hub’s plans
12 and programs;
13 ‘‘(ii) to support business activity that
14 makes domestic supply chain more resilient
15 and encourages the growth of coordinated
16 multiparty systems in the United States
17 and creation and growth of business enti-
18 ties;
19 ‘‘(iii) to attract new private, public,
20 and philanthropic investment in the region
21 for developing innovation capacity, includ-
22 ing establishing regional venture and loan
23 funds, including through venture develop-
24 ment organizations, for financing tech-
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1 nology commercialization, new business
2 formation, and business expansions;
3 ‘‘(iv) to further the development, de-
4 ployment, and domestic manufacturing of
5 technologies in the key technology focus
6 areas and other technology and innovation
7 sectors critical to national and economic
8 security, including innovations derived
9 from research conducted at institutions of
10 higher education or other research entities,
11 including research conducted by federally
12 funded research and development centers,
13 National Laboratories, Federal labora-
14 tories, Manufacturing USA institutes, uni-
15 versity technology centers established
16 under paragraph (6) of section 8A(d) of
17 the National Science Foundation Act of
18 1950, the program established under para-
19 graph (7) of such section 8A(d), test beds
20 established and operated under paragraph
21 (8) of such section 8A(d), or other Federal
22 research entities, through activities that
23 may include—
24 ‘‘(I) proof-of-concept development
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1 ‘‘(II) technology transfer and
2 commercialization, including patenting
3 and licensing;
4 ‘‘(III) public-private partnerships
5 in order to reduce the cost, time, and
6 risk of commercializing new tech-
7 nologies;
8 ‘‘(IV) creating and funding com-
9 petitions to allow entrepreneurial
10 ideas to illustrate their commercializa-
11 tion and domestic job creation poten-
12 tial;
13 ‘‘(V) facilitating relationships be-
14 tween local and national business
15 leaders and potential entrepreneurs to
16 encourage successful commercializa-
17 tion;
18 ‘‘(VI) creating and funding not-
19 for-profit entities that could enable re-
20 searchers at institutions of higher
21 education and other research entities
22 to further develop new technology,
23 through patient funding, advice, staff
24 support, or other means;
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1 ‘‘(VII) providing facilities for
2 start-up companies where technology
3 maturation could occur; and
4 ‘‘(VIII) commercialization, de-
5 ployment, and adoption of the tech-
6 nologies that lead to domestic manu-
7 facturing of such technologies;
8 ‘‘(v) to develop the region’s skilled
9 workforce through the training and re-
10 training of workers, partnerships with
11 labor organizations, and skills-based edu-
12 cation, including the alignment of career
13 technical training and educational pro-
14 grams in the region’s elementary and sec-
15 ondary schools and institutions of higher
16 education; and
17 ‘‘(vi) to carry out such other activities
18 as the Secretary considers appropriate to
19 improve United States competitiveness and
20 regional economic development to support
21 a key technology focus area and that would
22 further the purposes of this section.
23 ‘‘(5) GRANTS FOR INFRASTRUCTURE.—Any
24 grant or cooperative agreement awarded under para-
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1 frastructure shall be awarded pursuant to section
2 201 of the Public Works and Economic Development
3 Act of 1965 (42 U.S.C. 3141) and subject to the
4 provisions of such Act, except that subsection (b) of
5 such section and sections 204 and 301 of such Act
6 (42 U.S.C. 3144, 3161) shall not apply.
7 ‘‘(f) APPLICATIONS.—An eligible consortium seeking
8 designation as a regional technology hub under subpara-
9 graph (A) of subsection (b)(1) and support under subpara-
10 graph (B) of such subsection shall submit to the Secretary
11 an application therefor at such time, in such manner, and
12 containing such information as the Secretary may specify.
13 ‘‘(g) CONSIDERATIONS FOR DESIGNATION AND
14 AWARD OF GRANTS AND COOPERATIVE AGREEMENTS.—
15 ‘‘(1) IN GENERAL.—In selecting an eligible con-
16 sortium that submitted an application under sub-
17 section (f) for designation and support under sub-
18 section (b)(1), the Secretary shall consider, at a
19 minimum, the following:
20 ‘‘(A) The potential of the eligible consor-
21 tium to advance the research, development, de-
22 ployment, and domestic manufacturing of tech-
23 nologies in a key technology focus area or other
24 technology or innovation sector critical to na-
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1 ‘‘(B) The likelihood of positive regional
2 economic effect, including increasing the num-
3 ber of high wage domestic jobs, and creating
4 new economic opportunities for economically
5 disadvantaged and underrepresented popu-
6 lations.
7 ‘‘(C) How the eligible consortium plans to
8 integrate with and leverage the resources of 1
9 or more federally funded research and develop-
10 ment centers, National Laboratories, Federal
11 laboratories, Manufacturing USA institutes,
12 Hollings Manufacturing Extension Partnership
13 centers, university technology centers estab-
14 lished under paragraph (6) of section 8A(d) of
15 the National Science Foundation Act of 1950,
16 the program established under paragraph (7) of
17 such section 8A(d), test beds established and
18 operated under paragraph (8) of such section
19 8A(d), or other Federal research entities.
20 ‘‘(D) How the eligible consortium will en-
21 gage with the private sector, including small-
22 and medium-sized businesses to commercialize
23 new technologies and improve the resiliency of
24 domestic supply chains in a key technology
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1 sector critical to national and economic secu-
2 rity.
3 ‘‘(E) How the eligible consortium will
4 carry out workforce development and skills ac-
5 quisition programming, including through part-
6 nerships with entities that include State and
7 local workforce development boards, institutions
8 of higher education, including community col-
9 leges, historically Black colleges and univer-
10 sities, Tribal colleges and universities, and mi-
11 nority serving institutions, labor organizations,
12 and workforce development programs, and other
13 related activities authorized by the Secretary, to
14 support the development of a key technology
15 focus area or other technology or innovation
16 sector critical to national and economic secu-
17 rity.
18 ‘‘(F) How the eligible consortium will im-
19 prove science, technology, engineering, and
20 mathematics education programs in the identi-
21 fied region in elementary and secondary school
22 and higher education institutions located in the
23 identified region to support the development of
24 a key technology focus area or other technology
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1 or innovation sector critical to national and eco-
2 nomic security.
3 ‘‘(G) How the eligible consortium plans to
4 develop partnerships with venture development
5 organizations and sources of private investment
6 in support of private sector activity, including
7 launching new or expanding existing companies,
8 in a key technology focus area or other tech-
9 nology or innovation sector critical to national
10 and economic security.
11 ‘‘(H) How the eligible consortium plans to
12 organize the activities of regional partners
13 across sectors in support of the proposed re-
14 gional technology hub, including the develop-
15 ment of necessary infrastructure improvements
16 and site preparation.
17 ‘‘(I) How the eligible consortium will en-
18 sure that growth in technology and innovation
19 sectors produces broadly shared opportunity
20 across the identified region, including for eco-
21 nomic disadvantaged and underrepresented pop-
22 ulations and rural areas.
23 ‘‘(J) The likelihood that the region served
24 by the eligible consortium will be able to become
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1 a self-sustaining globally leading technology hub
2 once Federal support ends.
3 ‘‘(2) FINDINGS BASED ON COMPREHENSIVE RE-
4 GIONAL TECHNOLOGY STRATEGIES.—The Secretary
5 may use a comprehensive regional technology strat-
6 egy supported by a grant under section 29 as the
7 basis for making findings under paragraph (1) of
8 this subsection.
9 ‘‘(h) COORDINATION AND COLLABORATION.—
10 ‘‘(1) COORDINATION WITH NATIONAL INSTI-
11 TUTE OF STANDARDS AND TECHNOLOGY PRO-
12 GRAMS.—
13 ‘‘(A) COORDINATION REQUIRED.—The
14 Secretary shall coordinate the activities of re-
15 gional technology hubs designated under this
16 title, the Hollings Manufacturing Extension
17 Partnership, and the Manufacturing USA Pro-
18 gram with each other to the degree that doing
19 so does not diminish the effectiveness of the on-
20 going activities of a manufacturing extension
21 center or a Manufacturing USA institute.
22 ‘‘(B) ELEMENTS.—Coordination by the
23 Secretary under subparagraph (A) may include
24 the following:
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1 ‘‘(i) The alignment of activities of the
2 Hollings Manufacturing Extension Part-
3 nership with the activities of regional tech-
4 nology hubs designated under this sub-
5 section, if applicable.
6 ‘‘(ii) The alignment of activities of the
7 Manufacturing USA Program and the
8 Manufacturing USA institutes with the ac-
9 tivities of regional technology hubs des-
10 ignated under this subsection, if applicable.
11 ‘‘(2) COORDINATION WITH DEPARTMENT OF
12 ENERGY PROGRAMS.—The Secretary shall, in coordi-
13 nation with the Secretary of Energy, coordinate the
14 activities and selection of regional technology hubs
15 designated under subsection (b)(1)(A) with activities
16 at the Department of Energy and the National Lab-
17 oratories that were in effect on the day before the
18 date of the enactment of the Endless Frontier Act,
19 to the degree that doing so does not diminish the ef-
20 fectiveness of the ongoing activities or mission of the
21 Department of Energy and the National Labora-
22 tories.
23 ‘‘(3) INTERAGENCY COLLABORATION.—
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1 ‘‘(A) IN GENERAL.—In selecting and as-
2 sisting regional technology hubs designated
3 under subsection (b)(1)(A), the Secretary—
4 ‘‘(i) shall collaborate, to the extent
5 possible, with the interagency advisory
6 committee established under subparagraph
7 (B);
8 ‘‘(ii) shall collaborate with Federal de-
9 partments and agencies whose missions
10 contribute to the goals of the regional tech-
11 nology hub; and
12 ‘‘(iii) may accept funds from other
13 Federal agencies to support grants and ac-
14 tivities under this title.
15 ‘‘(B) INTERAGENCY COORDINATING COUN-
16 CIL.—
17 ‘‘(i) ESTABLISHMENT.—The Secretary
18 shall establish an interagency coordinating
19 council to coordinate with the Secretary in
20 the designation of regional technology hubs
21 under subparagraph (A) of subsection
22 (b)(1) and in the selection of eligible con-
23 sortia to receive support under subpara-
24 graph (B) of such subsection.
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1 ‘‘(ii) COMPOSITION.—The interagency
2 coordinating council established under
3 clause (i) shall be composed of the fol-
4 lowing (or their designees):
5 ‘‘(I) The Secretary of Commerce.
6 ‘‘(II) The Secretary of Edu-
7 cation.
8 ‘‘(III) The Administrator of the
9 Small Business Administration.
10 ‘‘(IV) The Deputy Secretary for
11 Housing and Urban Development.
12 ‘‘(V) The Director of the Com-
13 munity Development Financial Insti-
14 tution Fund.
15 ‘‘(VI) The Director of the Na-
16 tional Science Foundation.
17 ‘‘(VII) The Director of the Na-
18 tional Institute of Standards and
19 Technology.
20 ‘‘(VIII) The Director of the Na-
21 tional Economic Council.
22 ‘‘(IX) The Assistant Secretary of
23 Commerce for Economic Development.
24 ‘‘(X) The Assistant Secretary for
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1 ‘‘(XI) The Director of the Office
2 of Science and Technology Policy.
3 ‘‘(XII) The Under Secretary of
4 Defense for Research and Engineer-
5 ing.
6 ‘‘(XIII) The Under Secretary of
7 Defense for Acquisition and
8 Sustainment.
9 ‘‘(XIV) The Under Secretary for
10 Science of the Department of Energy.
11 ‘‘(XV) The Director of the Na-
12 tional Institutes of Health.
13 ‘‘(XVI) The Under Secretary for
14 Science and Technology of the De-
15 partment of Homeland Security.
16 ‘‘(XVII) The Administrator of
17 the National Aeronautics and Space
18 Administration.
19 ‘‘(XVIII) The Director of the Of-
20 fice of Management and Budget.
21 ‘‘(XIX) Such other Federal offi-
22 cials as the Secretary of Commerce
23 considers appropriate.
24 ‘‘(iii) CHAIRPERSON.—The Secretary
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1 coordinating council established under
2 clause (i).
3 ‘‘(4) SETTING GOALS FOR FEDERALLY FUNDED
4 REGIONS SERVED BY RESEARCH IN REGIONAL TECH-
5 NOLOGY HUBS.—
6 ‘‘(A) IN GENERAL.—The Director of the
7 Office of Science and Technology Policy and the
8 Director of the Office of Management and
9 Budget shall coordinate with the each head of
10 a Federal agency that conducts research to set
11 goals for at least doubling the amount of feder-
12 ally funded research awarded, as in effect on
13 the day before the date of the enactment of the
14 Endless Frontier Act, to regions served by re-
15 gional technology hubs designated under sub-
16 section (b)(1)(A).
17 ‘‘(B) ANNUAL REPORTS.—Not less fre-
18 quently than once each year, the Director of the
19 Office of Science and Technology Policy and the
20 Director of the Office of Management and
21 Budget shall submit to the appropriate commit-
22 tees of Congress an annual report on progress
23 made relating to the goals set under subpara-
24 graph (A).
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1 ‘‘(i) PERFORMANCE MEASUREMENT, TRANS-
2 PARENCY, AND ACCOUNTABILITY.—
3 ‘‘(1) METRICS, STANDARDS, AND ASSESS-
4 MENT.—For each grant and cooperative agreement
5 awarded under subsection (e)(1) for a regional tech-
6 nology hub, the Secretary shall—
7 ‘‘(A) develop metrics to assess the effec-
8 tiveness of the activities funded in making
9 progress toward the purposes set forth under
10 subsection (b)(2), which may include—
11 ‘‘(i) research supported in a key tech-
12 nology focus area;
13 ‘‘(ii) commercialization activities un-
14 dertaken by each regional technology hub
15 that is designated and supported under
16 subsection (b)(1);
17 ‘‘(iii) educational and workforce devel-
18 opment improvements undertaken by each
19 regional technology hub that is designated
20 and supported under subsection (b)(1);
21 ‘‘(iv) sources of matching funds for
22 each regional technology hub that is des-
23 ignated and supported under subsection
24 (b)(1); and
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1 ‘‘(v) domestic job creation, patent
2 awards, and business formation and expan-
3 sion relating to the activities of the re-
4 gional technology hub that is designated
5 and supported under subsection (b)(1);
6 ‘‘(B) establish standards for the perform-
7 ance of the regional technology hub that are
8 based on the metrics developed under subpara-
9 graph (A); and
10 ‘‘(C) 4 years after the initial award under
11 subsection (e)(1) and every 2 years thereafter
12 until Federal financial assistance under this
13 section for the regional technology hub is dis-
14 continued, conduct an assessment of the re-
15 gional technology hub to confirm whether the
16 performance of the regional technology hub is
17 meeting the standards for performance estab-
18 lished under subparagraph (B) of this para-
19 graph.
20 ‘‘(2) FINAL REPORTS BY RECIPIENTS OF AS-
21 SISTANCE.—
22 ‘‘(A) IN GENERAL.—The Secretary shall
23 require each eligible consortium that receives a
24 grant or cooperative agreement under sub-
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1 nology hub, as a condition of receipt of such
2 grant or cooperative agreement, submit to the
3 Secretary, not later than 90 days after the last
4 day of the term of the grant or cooperative
5 agreement, a report on the activities of the re-
6 gional technology hub supported by the grant or
7 cooperative agreement.
8 ‘‘(B) CONTENTS OF REPORT.—Each report
9 submitted by an eligible consortium under sub-
10 paragraph (A) shall include the following:
11 ‘‘(i) A detailed description of the ac-
12 tivities carried out by the eligible consor-
13 tium using the assistance described in sub-
14 paragraph (A), including the following:
15 ‘‘(I) A description of each project
16 the eligible consortium completed
17 using such assistance.
18 ‘‘(II) An explanation of how each
19 project described in subclause (I)
20 achieves a specific goal under this sec-
21 tion in the region of the regional tech-
22 nology hub of the eligible consortium
23 with respect to—
24 ‘‘(aa) the resiliency of a sup-
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1 ‘‘(bb) research, development,
2 and deployment of a critical tech-
3 nology;
4 ‘‘(cc) workforce training and
5 development;
6 ‘‘(dd) domestic job creation;
7 or
8 ‘‘(ee) entrepreneurship.
9 ‘‘(ii) A discussion of any obstacles en-
10 countered by the eligible consortium in the
11 implementation of the regional technology
12 hub and how the eligible entity overcame
13 those obstacles.
14 ‘‘(iii) An evaluation of the success of
15 the projects supported by the eligible con-
16 sortium to implement the regional tech-
17 nology hub using the performance stand-
18 ards and measures established under para-
19 graph (1), including an evaluation of the
20 planning process and how the project con-
21 tributes to carrying out the comprehensive
22 strategy for the regional technology hub if
23 the regional technology hub has such a
24 strategy.
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1 ‘‘(iv) The effectiveness of the eligible
2 consortium in ensuring that, in the region
3 of the eligible consortium’s regional tech-
4 nology hub, growth in technology and inno-
5 vation sectors produces broadly shared op-
6 portunity across the region, including for
7 economic disadvantaged and underrep-
8 resented populations and rural areas.
9 ‘‘(v) Information regarding such other
10 matters as the Secretary may require.
11 ‘‘(3) INTERIM REPORTS BY RECIPIENTS OF AS-
12 SISTANCE.—In addition to requiring submittal of
13 final reports under paragraph (2)(A), the Secretary
14 may require an eligible consortium described in such
15 paragraph to submit to the Secretary such interim
16 reports as the Secretary considers appropriate.
17 ‘‘(4) ANNUAL REPORTS TO CONGRESS.—Not
18 less frequently than once each year, the Secretary
19 shall submit to the appropriate committees of Con-
20 gress an annual report on the results of the assess-
21 ments conducted by the Secretary under paragraph
22 (1)(C) during the period covered by the report.
23 ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—There
24 is authorized to be appropriated to the Secretary to carry
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1 out this section $9,425,000,000 for the period of fiscal
2 years 2022 through 2026.’’.
3 (b) INITIAL DESIGNATIONS AND AWARDS.—
4 (1) COMPETITION REQUIRED.—Not later than
5 180 days after the date of the enactment of this Act,
6 the Secretary of Commerce shall commence a com-
7 petition under subsection (d)(1) of section 28 of the
8 Stevenson-Wydler Technology Innovation Act of
9 1980 (Public Law 96–480), as added by subsection
10 (a).
11 (2) DESIGNATION AND AWARD.—Not later than
12 1 year after the date of the enactment of this Act,
13 if the Secretary has received at least 1 application
14 under subsection (f) of such section from an eligible
15 consortium whom the Secretary considers suitable
16 for designation under subsection (b)(1)(A) of such
17 section, the Secretary shall—
18 (A) designate at least 1 regional tech-
19 nology hub under subsection (b)(1)(A) of such
20 section; and
21 (B) award a grant or cooperative agree-
22 ment under subsection (e)(1) of such section to
23 each regional technology hub designated pursu-
24 ant to subparagraph (A) of this paragraph.
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1 SEC. 8. COMPREHENSIVE REGIONAL TECHNOLOGY STRAT-
2 EGY GRANT PROGRAM.
3 The Stevenson-Wydler Technology Innovation Act of
4 1980 (Public Law 96–480; 15 U.S.C. 3701 et seq.), as
5 amended by section 7, is further amended, by inserting
6 after section 28, as added by such section, the following:
7 ‘‘SEC. 29. COMPREHENSIVE REGIONAL TECHNOLOGY
8 STRATEGY GRANT PROGRAM.
9 ‘‘(a) DEFINITIONS.—In this section:
10 ‘‘(1) LABOR ORGANIZATION.—The term ‘labor
11 organization’ has the meaning given such term in
12 section 8A(a) of the National Science Foundation
13 Act of 1950.
14 ‘‘(2) REGIONAL TECHNOLOGY HUB.—The term
15 ‘regional technology hub’ means a consortium des-
16 ignated as a regional technology hub under section
17 28(b)(1)(A).
18 ‘‘(3) SMALL AND RURAL COMMUNITIES; MID-
19 SIZED METROPOLITAN COMMUNITIES; LARGE MET-
20 ROPOLITAN COMMUNITIES.—The terms ‘small and
21 rural communities’, ‘mid-sized metropolitan commu-
22 nities’, and ‘large metropolitan communities’ have
23 the meanings given such terms in section 28(a).
24 ‘‘(4) TECHNOLOGY AND INNOVATION SECTORS
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26 The term ‘technology and innovation sectors critical
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1 to national and economic security’ means technology
2 and innovation sectors that the Secretary determines
3 are critical to national and economic security.
4 ‘‘(b) GRANT PROGRAM REQUIRED.—The Secretary
5 shall establish a program to award grants to eligible con-
6 sortia to carry out projects—
7 ‘‘(1) to coordinate locally defined planning proc-
8 esses, across jurisdictions and agencies, relating to
9 developing a comprehensive regional technology
10 strategy;
11 ‘‘(2) to identify regional partnerships for devel-
12 oping and implementing a comprehensive regional
13 technology strategy;
14 ‘‘(3) to conduct or update assessments to deter-
15 mine regional needs and promote economic and com-
16 munity development related to the resiliency of a do-
17 mestic supply chains, competitiveness of the region,
18 and domestic job creation in technology and innova-
19 tion sectors critical to national and economic secu-
20 rity;
21 ‘‘(4) to develop or update goals and strategies
22 to implement an existing comprehensive regional
23 plan related to enhancing the resiliency of domestic
24 supply chains, competitiveness of the region, and do-
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1 mestic job creation in technology and innovation sec-
2 tors critical to national and economic security; and
3 ‘‘(5) to identify local zoning and other code
4 changes necessary to implement a comprehensive re-
5 gional technology strategy, including promoting sus-
6 tainable development within the identified region.
7 ‘‘(c) ELIGIBLE CONSORTIA.—For purposes of this
8 section, an eligible consortium is any consortium described
9 by section 28(c).
10 ‘‘(d) GRANTS.—
11 ‘‘(1) DIVERSITY OF RECIPIENTS.—In awarding
12 grants under this section, the Secretary shall ensure
13 geographic diversity among, and adequate represen-
14 tation from, each of the following:
15 ‘‘(A) Small and rural communities.
16 ‘‘(B) Mid-sized metropolitan communities.
17 ‘‘(C) Large metropolitan communities.
18 ‘‘(2) AWARDS TO SMALL AND RURAL COMMU-
19 NITIES.—
20 ‘‘(A) IN GENERAL.—Except as provided in
21 subparagraph (B), the Secretary shall—
22 ‘‘(i) award not less than 25 percent of
23 the funds under this section to eligible con-
24 sortia that represent all or part of a small
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1 ‘‘(ii) ensure diversity among the geo-
2 graphic regions and the size of the popu-
3 lation of the communities served by recipi-
4 ents of grants that are eligible consortia
5 that represent all or part of a small and
6 rural community.
7 ‘‘(B) INSUFFICIENT APPLICATIONS.—If
8 the Secretary determines that an insufficient
9 number of sufficient quality applications for
10 grants under this section have been submitted
11 by eligible consortia that represent all or part
12 of a small and rural community, the Secretary
13 may reduce the percentage threshold set forth
14 in subparagraph (A)(i).
15 ‘‘(3) FEDERAL SHARE.—
16 ‘‘(A) IN GENERAL.—Except as provided in
17 subparagraph (B), the Federal share of the cost
18 of a project carried out using a grant awarded
19 under this section may not exceed 80 percent.
20 ‘‘(B) EXCEPTIONS.—
21 ‘‘(i) SMALL AND RURAL COMMU-
22 NITIES.—In the case of an eligible consor-
23 tium that represents all or part of a small
24 and rural community, the Federal share of
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1 grant awarded under this section may be
2 up to 90 percent of the total cost of the
3 project.
4 ‘‘(ii) INDIAN TRIBES.—In the case of
5 an eligible consortium that is led by a
6 Tribal government, the Federal share of
7 the cost of a project carried out using a
8 grant under the grant awarded under this
9 section may be up to 100 percent of the
10 total cost of the project.
11 ‘‘(C) NON-FEDERAL SHARE.—
12 ‘‘(i) IN-KIND CONTRIBUTIONS.—For
13 the purposes of this paragraph, in-kind
14 contributions may be used for all or part
15 of the non-Federal share of the cost of a
16 project carried out using a grant awarded
17 under this section.
18 ‘‘(ii) OTHER FEDERAL FUNDING.—
19 Federal funding from sources other than a
20 grant awarded under this section may not
21 be used for the non-Federal share of the
22 cost of a project carried out using a grant
23 under this section.
24 ‘‘(4) AVAILABILITY AND OBLIGATION OF GRANT
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1 ‘‘(A) IN GENERAL.—An eligible consortium
2 that receives a grant under this section shall, as
3 a condition on receipt of grant amounts—
4 ‘‘(i) obligate any grant amounts re-
5 ceived under this section not later than 1
6 year after the date on which the eligible
7 consortium enters into an agreement under
8 subsection (g); and
9 ‘‘(ii) expend any grant amounts re-
10 ceived under this section not later than 2
11 years after the date on which the eligible
12 consortium enters into an agreement under
13 subsection (g).
14 ‘‘(B) UNOBLIGATED AMOUNTS.—After the
15 date described in subparagraph (A)(i), any
16 amounts awarded to an eligible consortium
17 under this section that remain unobligated by
18 the eligible consortium shall be returned to the
19 Secretary and made available to the Secretary
20 for the award of grants to other eligible con-
21 sortia under this section.
22 ‘‘(e) APPLICATION.—
23 ‘‘(1) IN GENERAL.—An eligible consortium
24 seeking a grant under this section shall submit to
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1 the Secretary an application therefor at such time
2 and in such manner as the Secretary shall prescribe.
3 ‘‘(2) CONTENTS.—Each application submitted
4 under paragraph (1) shall include the following:
5 ‘‘(A) A description of the boundaries of the
6 region served by the eligible consortium.
7 ‘‘(B) A description of the research, tech-
8 nology development, or manufacturing con-
9 centration of the eligible consortium.
10 ‘‘(C) A general assessment of the local in-
11 dustrial ecosystem of the region described in
12 subparagraph (A), which may include assess-
13 ment of workforce and training, including part-
14 nerships with labor organizations, supplier net-
15 work, research and innovation, infrastructure
16 and site development, trade and international
17 investment, operational improvements, and cap-
18 ital access components needed for manufac-
19 turing activities in such region.
20 ‘‘(D) A description of how a grant under
21 this section may assist in developing compo-
22 nents of such local industrial ecosystem (se-
23 lected by the consortium), including descrip-
24 tions of—
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1 ‘‘(i) investments to address gaps in
2 such ecosystem; and
3 ‘‘(ii) how to make the research, tech-
4 nology development, and manufacturing of
5 the region of the consortium uniquely com-
6 petitive.
7 ‘‘(E) A description of the process by which
8 a comprehensive regional technology strategy
9 will be developed by the eligible consortium to
10 address gaps in such local industrial ecosystem
11 and to strengthen the resiliency of supply
12 chains, competitiveness of the identified region,
13 and domestic job creation in technology and in-
14 novation sectors critical to national and eco-
15 nomic security.
16 ‘‘(F) A budget for the projects that the eli-
17 gible consortium plans to carry out using grant
18 amounts awarded under this section, including
19 the anticipated Federal share of the cost of
20 each project and a description of the sources of
21 the non-Federal share.
22 ‘‘(G) The designation of a lead agency or
23 organization, which may be the eligible consor-
24 tium, to receive and manage any funds received
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1 ‘‘(H) A signed copy of a memorandum of
2 understanding among members of the eligible
3 consortium that demonstrates—
4 ‘‘(i) the creation of an eligible consor-
5 tium;
6 ‘‘(ii) a description of the nature and
7 extent of planned collaboration between
8 members of the eligible consortium; and
9 ‘‘(iii) a commitment to develop a com-
10 prehensive regional technology strategy.
11 ‘‘(I) Such other matters as the Secretary
12 considers appropriate.
13 ‘‘(3) EVALUATION OF APPLICATIONS.—The
14 Secretary shall evaluate each application received
15 under paragraph (1) to determine whether the appli-
16 cant demonstrates—
17 ‘‘(A) a significant level of regional coopera-
18 tion in their proposal;
19 ‘‘(B) a focus on building a regional eco-
20 system to attract and build upon research in-
21 vestment to develop, deploy, and manufacture
22 domestically critical technologies that improve
23 the resiliency of supply chains, competitiveness
24 of the identified region, and the creation of
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1 ‘‘(C) the extent to which the consortium
2 has developed partnerships throughout an en-
3 tire region, including, as appropriate, partner-
4 ships with federally funded research and devel-
5 opment centers, National Laboratories, Federal
6 laboratories, Manufacturing USA institutes de-
7 scribed in section 34(d) of the National Insti-
8 tute of Standards and Technology Act (15
9 U.S.C. 278s(d)), university technology centers
10 established under paragraph (6) of section
11 8A(d) of the National Science Foundation Act
12 of 1950, the program established under para-
13 graph (7) of such section 8A(d), test beds es-
14 tablished and operated under paragraph (8) of
15 such section 8A(d), or other Federal research
16 entities;
17 ‘‘(D) integration with local efforts in inclu-
18 sive economic development and job creation;
19 ‘‘(E) a plan for implementing a com-
20 prehensive regional technology strategy through
21 regional infrastructure, workforce, and supply
22 chain investment plans and local land use plans;
23 ‘‘(F) diversity among the geographic re-
24 gions and the size of the population of the com-
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1 munities served by recipients of grants under
2 this section;
3 ‘‘(G) a commitment to seeking substantial
4 public input during the planning process and
5 public participation in the development of the
6 comprehensive regional plan;
7 ‘‘(H) a plan to support the creation and
8 growth of new companies; and
9 ‘‘(I) such other qualities as the Secretary
10 considers appropriate.
11 ‘‘(f) USE OF GRANT FUNDS.—An eligible consortium
12 that receives a grant under this section shall use the
13 amount of such grant to carry out a project that includes
14 1 or more of the following activities:
15 ‘‘(1) Coordinating locally defined planning proc-
16 esses across jurisdictions and agencies.
17 ‘‘(2) Identifying potential regional partnerships
18 for developing and implementing a comprehensive
19 regional technology strategy.
20 ‘‘(3) Conducting or updating assessments to de-
21 termine regional needs, which may include—
22 ‘‘(A) workforce development;
23 ‘‘(B) supply chain development;
24 ‘‘(C) increasing innovation readiness, in-
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1 velopment facilities and developing the local
2 science, technology, engineering, and mathe-
3 matics workforce;
4 ‘‘(D) site preparation;
5 ‘‘(E) community and economic develop-
6 ment to start new companies and to attract and
7 support workers and firms; and
8 ‘‘(F) and other such needs as determined
9 by the consortium.
10 ‘‘(4) Developing or updating—
11 ‘‘(A) a comprehensive regional plan; or
12 ‘‘(B) goals and strategies to implement an
13 existing comprehensive regional plan for the
14 purposes of strengthening domestic supply
15 chain resiliency, competitiveness, and job cre-
16 ation in critical technology and innovation sec-
17 tors for national and economic security.
18 ‘‘(5) Implementing local zoning and other code
19 changes necessary to implement a comprehensive re-
20 gional plan and promote sustainable development.
21 ‘‘(g) GRANT AGREEMENT.—Each eligible consortium
22 that receives a grant under this section shall, as a condi-
23 tion on receipt of grant amounts, agree to establish, in
24 coordination with the Secretary, performance measures,
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1 the Secretary determines are necessary, that must be met
2 at the end of each year in which the eligible consortium
3 receives funds under this section.
4 ‘‘(h) REPORTS BY RECIPIENTS OF GRANTS.—
5 ‘‘(1) FINAL REPORTS.—Not later than 90 days
6 after the date on which a grant agreement into
7 which an eligible consortium entered under sub-
8 section (g) expires, the eligible consortium shall sub-
9 mit to the Secretary a final report on the project the
10 eligible consortium carried out under subsection (f)
11 using the amounts of the grant awarded to the eligi-
12 ble consortium under this section.
13 ‘‘(2) CONTENTS.—Each report submitted under
14 paragraph (1) shall include the following:
15 ‘‘(A) A detailed explanation of the activi-
16 ties undertaken using the grant, including an
17 explanation of how the comprehensive regional
18 technology strategy of the eligible consortium
19 may achieve specific improvements in domestic
20 supply chain resiliency, research, development,
21 and deployment of critical technologies, work-
22 force development, domestic job creation, and
23 entrepreneurship goals within the region served
24 by the eligible consortium.
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1 ‘‘(B) A discussion of any obstacles encoun-
2 tered in the planning process of the eligible con-
3 sortium and how the eligible consortium over-
4 came the obstacles.
5 ‘‘(C) An evaluation of the success of the
6 project using the performance standards and
7 measures established under subsection (g), in-
8 cluding an evaluation of the planning process
9 and how the project contributes to carrying out
10 the comprehensive regional technology strategy.
11 ‘‘(D) The progress of the region identified
12 by the consortium toward becoming a regional
13 technology hub.
14 ‘‘(E) The effectiveness of the region identi-
15 fied by the consortium in ensuring that growth
16 in innovation sectors produces broadly shared
17 opportunity in the region.
18 ‘‘(F) Such other information as the Sec-
19 retary may require.
20 ‘‘(3) INTERIM REPORTS.—The Secretary may
21 require, as a condition on receipt of a grant under
22 this section, an eligible consortium to submit an in-
23 terim report, before the date on which a project for
24 which a grant is awarded under this section is com-
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1 ‘‘(i) TECHNICAL ASSISTANCE FOR GRANT RECIPI-
2 ENTS AND APPLICANTS.—The Secretary may—
3 ‘‘(1) coordinate with other Federal agencies to
4 establish interagency and multidisciplinary teams to
5 provide technical assistance to recipients of, and pro-
6 spective applicants for, grants under this section;
7 ‘‘(2) by Federal interagency agreement, trans-
8 fer funds to another Federal agency to facilitate and
9 support the provision of such technical assistance;
10 and
11 ‘‘(3) enter into contracts with third parties to
12 provide technical assistance to grant recipients and
13 prospective applicants for grants under this section.
14 ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—
15 ‘‘(1) AUTHORIZATION.—There are authorized to
16 be appropriated to the Secretary for the award of
17 grants under this section, to remain available until
18 expended, amounts as follows:
19 ‘‘(A) $100,000,000 for each of fiscal years
20 2022 and 2023.
21 ‘‘(B) $125,000,000 for each of fiscal years
22 2024 through 2026.
23 ‘‘(2) TECHNICAL ASSISTANCE.—The Secretary
24 may use not more than 5 percent of the amounts
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1 made available under this subsection for a fiscal
2 year for technical assistance under subsection (i).’’.
3 SEC. 9. MANUFACTURING USA PROGRAM.
4 (a) DEFINITIONS.—In this section:
5 (1) HISTORICALLY BLACK COLLEGE OR UNI-
6 VERSITY.—The term ‘‘historically Black college or
7 university’’ has the meaning given the term ‘‘part B
8 institution’’ in section 322 of the Higher Education
9 Act of 1965 (20 U.S.C. 1061).
10 (2) LABOR ORGANIZATION.—The term ‘‘labor
11 organization’’ has the meaning given such term in
12 section 8A(a) of the National Science Foundation
13 Act of 1950.
14 (3) MANUFACTURING USA CENTER.—The term
15 ‘‘Manufacturing USA center’’ means an institute de-
16 scribed in section 34(d)(3)(B) of the National Insti-
17 tute of Standards and Technology Act (15 U.S.C.
18 278s(d)(3)(B)) and recognized by the Secretary
19 under such section for purposes of participation in
20 the Manufacturing USA Network.
21 (4) MANUFACTURING USA INSTITUTE.—The
22 term ‘‘Manufacturing USA institute’’ means an in-
23 stitute described in section 34(d) of the National In-
24 stitute of Standards and Technology Act (15 U.S.C.
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1 (5) MANUFACTURING USA NETWORK.—The
2 term ‘‘Manufacturing USA Network’’ means the
3 network established under section 34(c) of the Na-
4 tional Institute of Standards and Technology Act
5 (15 U.S.C. 278s(c)).
6 (6) MANUFACTURING USA PROGRAM.—The
7 term ‘‘Manufacturing USA Program’’ means the
8 program established under section 34(b)(1) of the
9 National Institute of Standards and Technology Act
10 (15 U.S.C. 278s(b)(1)).
11 (7) MINORITY-SERVING INSTITUTION.—The
12 term ‘‘minority-serving institution’’ means an eligi-
13 ble institution described in section 371(a) of the
14 Higher Education Act of 1965 (20 U.S.C.
15 1067q(a)).
16 (8) NATIONAL PROGRAM OFFICE.—The term
17 ‘‘National Program Office’’ means the National Pro-
18 gram Office established under section 34(h)(1) of
19 the National Institute of Standards and Technology
20 Act (15 U.S.C. 278s(h)(1)).
21 (9) TRIBAL COLLEGE OR UNIVERSITY.—The
22 term ‘‘Tribal college or university’’ has the meaning
23 given the term in section 316(b)(3) of the Higher
24 Education Act of 1965 (20 U.S.C. 1059c(b)(3)).
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1 (b) AUTHORIZATION OF APPROPRIATIONS TO EN-
2 HANCE AND EXPAND MANUFACTURING USA PROGRAM
3 AND SUPPORT INNOVATION AND GROWTH IN DOMESTIC
4 MANUFACTURING.—
5 (1) IN GENERAL.—There is authorized to be
6 appropriated $2,410,000,000 for the period of fiscal
7 years 2022 through 2026 for the Secretary of Com-
8 merce, acting through the Director of the National
9 Institute of Standards and Technology and in co-
10 ordination with the Secretary of Energy, the Sec-
11 retary of Defense, and the heads of such other Fed-
12 eral agencies as the Secretary of Commerce con-
13 siders relevant, to carry out the Manufacturing USA
14 Program and to expand such program to support in-
15 novation and growth in domestic manufacturing.
16 (2) MANUFACTURING USA INSTITUTES.—
17 (A) IN GENERAL.—Of the amounts appro-
18 priated pursuant to the authorization of appro-
19 priations in paragraph (1), $1,190,000,000
20 shall be available to support the establishment
21 of new Manufacturing USA institutes during
22 the period described in such paragraph.
23 (B) FINANCIAL ASSISTANCE.—The Sec-
24 retary shall support the establishment of Manu-
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1 (A) through the award of financial assistance
2 under section 34(e) of the National Institute of
3 Standards and Technology Act (15 U.S.C.
4 278s(e)).
5 (C) ASSIGNMENT OF MANUFACTURING USA
6 INSTITUTES TO FEDERAL AGENCY SPONSORS.—
7 Following an open topic competition organized
8 by the Director of the National Institute of
9 Standards and Technology, the Secretary of
10 Commerce, in consultation with the Secretary of
11 Energy, the Secretary of Defense, and other
12 relevant Federal agencies, may select an alter-
13 native Federal agency to sponsor a selected
14 Manufacturing USA institute based on its tech-
15 nology and may transfer the appropriate funds
16 to that alternative Federal agency for operation
17 and programming of the selected Manufac-
18 turing USA institute.
19 (D) COORDINATION WITH EXISTING MANU-
20 FACTURING USA INSTITUTES.—
21 (i) COORDINATION REQUIRED.—In es-
22 tablishing new Manufacturing USA insti-
23 tutes under subparagraph (A), the Sec-
24 retary of Commerce shall coordinate with
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1 of Defense to ensure there is no duplica-
2 tion of effort or technology focus between
3 new Manufacturing USA institutes and
4 Manufacturing USA institutes that were in
5 effect before the establishment of the new
6 Manufacturing USA institutes.
7 (ii) CONSULTATION WITH EXISTING
8 MANUFACTURING USA INSTITUTES AU-
9 THORIZED.—In carrying out coordination
10 under clause (i), the Secretary of Com-
11 merce may consult with Manufacturing
12 USA institutes that were in effect before
13 the establishment of new Manufacturing
14 USA institutes under subparagraph (A) to
15 inform the Department of Commerce of
16 additional new Manufacturing USA insti-
17 tutes necessary to fill gaps in the support
18 of innovation and growth in domestic man-
19 ufacturing.
20 (iii) INVOLVEMENT OF EXISTING MAN-
21 UFACTURING USA INSTITUTES AUTHOR-
22 IZED.—In coordination with the Secretary
23 of Energy and the Secretary of Defense,
24 the Secretary of Commerce may involve
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1 effect before the establishment of new
2 Manufacturing USA institutes under sub-
3 paragraph (A) in the planning and execu-
4 tion of the new Manufacturing USA insti-
5 tutes.
6 (3) MANUFACTURING USA CENTERS AND PUB-
7 LIC SERVICE GRANTS.—Of the amounts appropriated
8 pursuant to the authorization of appropriations in
9 paragraph (1), $375,000,000 shall be available for
10 the period described in such paragraph—
11 (A) for the Secretary, acting through the
12 Director and in consultation with the Secretary
13 of Energy, the Secretary of Defense, and the
14 heads of such other Federal agencies as the
15 Secretary of Commerce considers relevant, to
16 recognize additional institutes as Manufacturing
17 USA institutes under section 34(d)(3)(B) of the
18 National Institute of Standards and Technology
19 Act (15 U.S.C. 278s(d)(3)(B)), giving par-
20 ticular consideration to partnerships and coordi-
21 nation with the Manufacturing USA institutes
22 that were already in effect, when practicable;
23 and
24 (B) to support the activities of Manufac-
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1 centers through the award of grants under sec-
2 tion 34(f) of the National Institute of Stand-
3 ards and Technology Act (15 U.S.C. 278s(f)).
4 (4) COMMERCIALIZATION, WORKFORCE TRAIN-
5 ING, AND SUPPLY CHAIN INVESTMENT.—Of the
6 amounts appropriated pursuant to the authorization
7 of appropriations in paragraph (1), $100,000,000
8 shall be available for the period described in such
9 paragraph to support such programming for com-
10 mercialization, workforce training, and supply chain
11 activities across the Manufacturing USA Network as
12 the Secretary considers appropriate in consultation
13 with the Secretary of Energy, the Secretary of De-
14 fense, and the heads of such other Federal agencies
15 as the Secretary of Commerce considers relevant.
16 (5) ONGOING SUPPORT FOR EXISTING MANU-
17 FACTURING USA INSTITUTES.—
18 (A) IN GENERAL.—Of the amounts appro-
19 priated pursuant to the authorization of appro-
20 priations in paragraph (1), $725,000,000 shall
21 be available for the period described in such
22 paragraph to support Manufacturing USA in-
23 stitutes that were in effect on the day before
24 the date of the enactment of this Act, of which
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1 share) to each such Manufacturing USA insti-
2 tute each year for such period for ongoing oper-
3 ation of the institutes, including operational
4 overhead, workforce training, and supply chain
5 activities.
6 (B) ADDITIONAL SUPPORT.—
7 (i) IN GENERAL.—Of the amounts
8 specified in subparagraph (A), amounts
9 shall be available for financial assistance
10 awards to conduct projects as follows:
11 (I) $100,000,000 shall be avail-
12 able for Manufacturing USA insti-
13 tutes that were established under sec-
14 tion 34(e) of the National Institute of
15 Standards and Technology Act (15
16 U.S.C. 278s(e)) and that were in ef-
17 fect on the day before the date of the
18 enactment of this Act.
19 (II) $10,000,000 shall be avail-
20 able each year for the period described
21 in such paragraph for each Manufac-
22 turing USA institute that is not re-
23 ceiving Manufacturing USA Program
24 funding from any other Federal agen-
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1 (ii) FEDERAL FUNDS MATCHING RE-
2 QUIREMENT.—A recipient of financial as-
3 sistance for a project under clause (i) shall
4 agree to make available to carry out the
5 project an amount of non-Federal funds
6 that is equal to or greater than 20 percent
7 of the total cost of the project.
8 (C) RENEWAL REQUIREMENTS.—Receipt
9 of ongoing support under subparagraph (A)
10 shall be subject to the requirements of section
11 34(e)(2)(B) of the National Institute of Stand-
12 ards and Technology Act (15 U.S.C.
13 278s(e)(2)(B)).
14 (D) NO COST SHARE REQUIREMENT.—The
15 Secretary shall not impose any cost share or
16 matching requirement on receipt of ongoing
17 support under subparagraph (A).
18 (6) MANAGEMENT OF INTERAGENCY SOLICITA-
19 TIONS AND ONGOING MANAGEMENT.—Of the
20 amounts appropriated pursuant to the authorization
21 of appropriations in paragraph (1), $20,000,000
22 shall be available annually for the period described
23 in such paragraph for the National Program Office
24 to coordinate the activities of the Manufacturing
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1 (c) COORDINATION BETWEEN MANUFACTURING
2 USA PROGRAM AND HOLLINGS MANUFACTURING EXTEN-
3 SION PARTNERSHIP.—The Secretary shall coordinate the
4 activities of the Manufacturing USA Program and the ac-
5 tivities of Hollings Manufacturing Extension Partnership
6 with each other to the degree that doing so does not dimin-
7 ish the effectiveness of the ongoing activities of a Manu-
8 facturing USA institute or a Center (as the term is de-
9 fined in section 25(a) of the National Institute of Stand-
10 ards and Technology Act (15 U.S.C. 278k(a))), including
11 Manufacturing USA institutes entering into agreements
12 with a Center (as so defined) that the Secretary considers
13 appropriate to provide services relating to the mission of
14 the Hollings Manufacturing Extension Partnership, in-
15 cluding outreach, technical assistance, workforce develop-
16 ment, and technology transfer and adoption assistance to
17 small- and medium-sized manufacturers.
18 (d) WORKER ADVISORY COUNCIL FOR MANUFAC-
19 TURING USA PROGRAM.—
20 (1) ESTABLISHMENT.—
21 (A) IN GENERAL.—The Secretary of Com-
22 merce shall, in coordination with the Secretary
23 of Labor, the Secretary of Defense, the Sec-
24 retary of Energy, and the Secretary of Edu-
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1 Manufacturing USA Program on the develop-
2 ment and dissemination of techniques, policies,
3 and investments for high-road labor practices,
4 worker adaptation and success with techno-
5 logical change, and increased worker participa-
6 tion across the Manufacturing USA Network.
7 (B) MEMBERSHIP.—The council estab-
8 lished under subparagraph (A) shall be com-
9 posed of not fewer than 15 members appointed
10 by the Secretary of Commerce, of whom—
11 (i) four shall be from labor organiza-
12 tions;
13 (ii) four shall be from educational in-
14 stitutions;
15 (iii) four shall be from labor-manage-
16 ment training, workforce development, and
17 nonprofit organizations, including those
18 that focus on workforce diversity and in-
19 clusion; and
20 (iv) three shall be from industry orga-
21 nizations or manufacturing firms, includ-
22 ing small- and medium-sized manufactur-
23 ers.
24 (C) PERIOD OF APPOINTMENT; VACAN-
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1 (i) IN GENERAL.—Each member of
2 the council established under subparagraph
3 (A) shall be appointed for a term of 3
4 years with the ability to renew the appoint-
5 ment for no more than 2 terms.
6 (ii) VACANCIES.—Any member ap-
7 pointed to fill a vacancy occurring before
8 the expiration of the term for which the
9 member’s predecessor was appointed shall
10 be appointed only for the remainder of that
11 term. A member may serve after the expi-
12 ration of that term until a successor has
13 been appointed.
14 (D) MEETINGS.—
15 (i) INITIAL MEETING.—Not later than
16 180 days after the date of enactment of
17 this Act, the council established under sub-
18 paragraph (A) shall hold the first meeting.
19 (ii) ADDITIONAL MEETINGS.—After
20 the first meeting of the council, the council
21 shall meet upon the call of the Secretary,
22 and at least once every 180 days there-
23 after.
24 (iii) QUORUM.—A majority of the
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1 quorum, but a lesser number of members
2 may hold hearings.
3 (E) CHAIRPERSON AND VICE CHAIR-
4 PERSON.—The Secretary shall elect 1 member
5 of the council established under subparagraph
6 (A) to serve as the chairperson of the council
7 and 1 member of the council to serve as the
8 vice chairperson of the council.
9 (2) DUTIES OF THE COUNCIL.—The council es-
10 tablished under paragraph (1)(A) shall provide ad-
11 vice and recommendations to the Secretary of Com-
12 merce on matters concerning investment in and sup-
13 port of the manufacturing workforce relating to the
14 following:
15 (A) Worker participation, including
16 through labor organizations, in the planning
17 and deployment of new technologies across an
18 industry and within workplaces.
19 (B) Policies to help workers adapt to tech-
20 nological change, including training and edu-
21 cation priorities for the Federal Government
22 and for employer investments in workers.
23 (C) Assessments of impact on workers of
24 development of new technologies and processes
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1 (D) Management practices that prioritize
2 job quality, worker protection, worker participa-
3 tion and power in decision making, and invest-
4 ment in worker career success.
5 (E) Policies and procedures to prioritize
6 diversity and inclusion in the manufacturing
7 and technology workforce by expanding access
8 to job, career advancement, and management
9 opportunities for underrepresented populations.
10 (F) Assessments of technology improve-
11 ments achieved by the Manufacturing USA in-
12 stitutes and the degree of domestic deployment
13 of each new technology.
14 (G) Such other matters as the Secretary
15 considers appropriate.
16 (3) REPORT.—
17 (A) APPROPRIATE COMMITTEES OF CON-
18 GRESS DEFINED.—In this paragraph, the term
19 ‘‘appropriate committees of Congress’’ means—
20 (i) the Committee on Health, Edu-
21 cation, Labor, and Pensions, the Com-
22 mittee on Commerce, Science, and Trans-
23 portation, the Committee on Energy and
24 Natural Resources, the Committee on
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1 Armed Services, and the Committee on Ap-
2 propriations of the Senate; and
3 (ii) the Committee on Education and
4 Labor, the Committee on Science, Space,
5 and Technology, the Committee on Energy
6 and Commerce, the Committee on Armed
7 Services, and the Committee on Appropria-
8 tions of the House of Representatives.
9 (B) REPORT REQUIRED.—Not later than
10 180 days after the date on which the council es-
11 tablished under paragraph (1)(A) holds its ini-
12 tial meeting under paragraph (1)(D)(i) and an-
13 nually thereafter, the council shall submit to
14 the appropriate committees of Congress a re-
15 port containing a detailed statement of the ad-
16 vice and recommendations of the council pursu-
17 ant to paragraph (2).
18 (4) COMPENSATION.—
19 (A) PROHIBITION OF COMPENSATION.—
20 Members of the Council may not receive addi-
21 tional pay, allowances, or benefits by reason of
22 their service on the Council.
23 (B) TRAVEL EXPENSES.—Each member
24 shall receive travel expenses, including per diem
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1 cable provisions under subchapter I of chapter
2 57 of title 5, United States Code.
3 (5) FACA APPLICABILITY.—
4 (A) IN GENERAL.—In discharging its du-
5 ties under this subsection, the council estab-
6 lished under paragraph (1)(A) shall function
7 solely in an advisory capacity, in accordance
8 with the Federal Advisory Committee Act (5
9 U.S.C. App.).
10 (B) EXCEPTION.—Section 14 of the Fed-
11 eral Advisory Committee Act shall not apply to
12 the Council.
13 (e) PARTICIPATION OF MINORITY-SERVING INSTITU-
14 TIONS, HISTORICALLY BLACK COLLEGES AND UNIVER-
15 SITIES, AND TRIBAL COLLEGES AND UNIVERSITIES.—
16 (1) IN GENERAL.—The Secretary of Commerce,
17 in coordination with the Secretary of Energy, the
18 Secretary of Defense, and the heads of such other
19 Federal agencies as the Secretary of Commerce con-
20 siders relevant, shall coordinate with existing and
21 new Manufacturing USA institutes to integrate cov-
22 ered entities as active members of the Manufac-
23 turing USA institutes, including through the devel-
24 opment of preference criteria for proposals to create
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1 Manufacturing USA institutes that include meaning-
2 ful participation from a covered entity or that are
3 led by a covered entity.
4 (2) COVERED ENTITIES.—For purposes of this
5 subsection, a covered entity is—
6 (A) a minority-serving institution;
7 (B) an historically Black college or univer-
8 sity; or
9 (C) a Tribal college or university.
10 (f) DEPARTMENT OF COMMERCE POLICIES TO PRO-
11 MOTE DOMESTIC PRODUCTION OF TECHNOLOGIES DE-
12 VELOPED UNDER MANUFACTURING USA PROGRAM.—
13 (1) DEFINITION OF DOMESTIC.—In this sub-
14 section, the term ‘‘domestic’’, with respect to devel-
15 opment or production means development or produc-
16 tion by, or with respect to source means the source
17 is, a person incorporated or formed in the United
18 States—
19 (A) that is not under foreign ownership,
20 control, or influence (FOCI) as defined in sec-
21 tion 847 of the National Defense Authorization
22 Act for Fiscal Year 2020 (Public Law 116–92);
23 (B) whose beneficial owners, as defined in
24 section 847 of the National Defense Authoriza-
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1 tion Act for Fiscal Year 2020 (Public Law
2 116–92), are United States persons;
3 (C) whose management are United States
4 citizens;
5 (D) whose principal place of business is in
6 the United States; and
7 (E) who is not—
8 (i) a foreign incorporated entity that
9 is an inverted domestic corporation or any
10 subsidiary of such entity; or
11 (ii) any joint venture if more than 10
12 percent of the joint venture (by vote or
13 value) is held by a foreign incorporated en-
14 tity that is an inverted domestic corpora-
15 tion or any subsidiary of such entity.
16 (2) POLICIES.—
17 (A) IN GENERAL.—The Secretary of Com-
18 merce, in consultation with the Secretary of En-
19 ergy, the Secretary of Defense, and the heads
20 of such other Federal agencies as the Secretary
21 of Commerce considers relevant, shall establish
22 policies to promote the domestic production of
23 technologies developed by the Manufacturing
24 USA Network.
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1 (B) ELEMENTS.—The policies developed
2 under subparagraph (A) shall include the fol-
3 lowing:
4 (i) Measures to partner domestic de-
5 velopers of goods, services, or technologies
6 by Manufacturing USA Network activities
7 with domestic manufacturers and sources
8 of financing.
9 (ii) Measures to develop and provide
10 incentives to promote transfer of intellec-
11 tual property and goods, services, or tech-
12 nologies developed by Manufacturing USA
13 Network activities to domestic manufactur-
14 ers.
15 (iii) Measures to assist with supplier
16 scouting and other supply chain develop-
17 ment, including the use of the Hollings
18 Manufacturing Extension Partnership to
19 carry out such measures.
20 (iv) A process to review and approve
21 or deny membership in a Manufacturing
22 USA institute by foreign-owned companies,
23 especially from countries of concern, in-
24 cluding the People’s Republic of China.
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1 (v) Measures to prioritize Federal pro-
2 curement of goods, services, or technologies
3 developed by the Manufacturing USA Net-
4 work activities from domestic sources, as
5 appropriate.
6 (C) PROCESSES FOR WAIVERS.—The poli-
7 cies established under this paragraph shall in-
8 clude processes to permit waivers, on a case by
9 case basis, for policies that promote domestic
10 production based on cost, availability, severity
11 of technical and mission requirements, emer-
12 gency requirements, operational needs, other
13 legal or international treaty obligations, or
14 other factors deemed important to the success
15 of the Manufacturing USA Program.
16 (3) PROHIBITION.—
17 (A) COMPANY DEFINED.—In this para-
18 graph, the term ‘‘company’’ has the meaning
19 given such term in section 847(a) of the Na-
20 tional Defense Authorization Act for Fiscal
21 Year 2020 (Public Law 116–92; 10 U.S.C.
22 2509 note).
23 (B) IN GENERAL.—A company of the Peo-
24 ple’s Republic of China may not participate in
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1 facturing USA Network without a waiver, as
2 described in paragraph (2)(C).
3 SEC. 10. TECHNOLOGY COMMERCIALIZATION REVIEW.
4 (a) KEY TECHNOLOGY FOCUS AREAS DEFINED.—In
5 this section, the term ‘‘key technology focus areas’’ means
6 the areas included on the most recent list under section
7 8A(d)(2) of the National Science Foundation Act of 1950.
8 (b) REVIEW AND RECOMMENDATIONS REQUIRED.—
9 Not later than 180 days after the date of the enactment
10 of this Act, the Director of the Office of Science and Tech-
11 nology Policy, in consultation with the Director of the Na-
12 tional Science Foundation and the Director of the Na-
13 tional Institute of Standards and Technology, shall—
14 (1) review—
15 (A) the structure of current technology re-
16 search and commercialization arrangements
17 with regard to public-private partnerships; and
18 (B) the extent to which intellectual prop-
19 erty developed with Federal funding—
20 (i) has been used by foreign business
21 entities;
22 (ii) is being used to manufacture in
23 the United States rather than in other
24 countries; and
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1 (iii) is being used by foreign business
2 entities domiciled or by foreign business
3 entities affiliated with or subsidiary to for-
4 eign business entities in the People’s Re-
5 public of China;
6 (2) develop recommendations for such legisla-
7 tive or administrative action as may be necessary—
8 (A) to further incentivize industry partici-
9 pation in public-private partnerships for the
10 purposes of accelerating technology research
11 and commercialization, including alternate ways
12 of accounting for in-kind contributions and
13 value of partially manufactured products;
14 (B) to ensure that intellectual property de-
15 veloped with Federal funding is commercialized
16 in the United States; and
17 (C) to ensure that intellectual property de-
18 veloped with Federal funding is not being used
19 by foreign business entities or by foreign busi-
20 ness entities affiliated with or subsidiary to for-
21 eign business entities domiciled in the People’s
22 Republic of China; and
23 (3) submit to the Secretary of Commerce and
24 Congress—
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1 (A) the findings of the Director of the Of-
2 fice of Science and Technology Policy with re-
3 spect to the reviews conducted under paragraph
4 (1); and
5 (B) the recommendations developed under
6 paragraph (2).
7 SEC. 11. STUDY ON EMERGING SCIENCE AND TECHNOLOGY
8 CHALLENGES FACED BY THE UNITED STATES
9 AND RECOMMENDATIONS TO ADDRESS
10 THEM.
11 (a) SHORT TITLE.—This section may be cited as the
12 ‘‘National Strategy to Ensure American Leadership Act
13 of 2021’’ or the ‘‘National SEAL Act of 2021’’.
14 (b) STUDY.—
15 (1) IN GENERAL.—The Secretary of Commerce
16 (referred to in this section as the ‘‘Secretary’’) shall
17 seek to enter into an agreement with the National
18 Academies of Sciences, Engineering, and Medicine to
19 conduct a study—
20 (A) to identify the 10 most critical emerg-
21 ing science and technology challenges facing the
22 United States; and
23 (B) to develop recommendations for legis-
24 lative or administrative action to ensure United
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1 States leadership in matters relating to such
2 challenges.
3 (2) ELEMENTS.—The study conducted under
4 paragraph (1) shall include identification, review,
5 and evaluation of the following:
6 (A) Matters pertinent to identification of
7 the challenges described in paragraph (1)(A).
8 (B) Matters relating to the recommenda-
9 tions developed under paragraph (1)(B), includ-
10 ing with respect to education and workforce de-
11 velopment necessary to address each of the
12 challenges identified under paragraph (1)(A).
13 (C) Matters related to the review of key
14 technology areas by the Directorate for Tech-
15 nology and Innovation of the National Science
16 Foundation under section 8A(d) of the National
17 Science Foundation Act of 1950.
18 (D) An assessment of the current relative
19 balance in leadership in addressing the chal-
20 lenges identified in paragraph (1)(A) between
21 the United States, allies or key partners of the
22 United States, and the People’s Republic of
23 China.
24 (3) TIMEFRAME.—
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1 (A) AGREEMENT.—The Secretary shall
2 seek to enter into the agreement required by
3 paragraph (1) on or before the date that is 60
4 days after the date of enactment of this Act.
5 (B) FINDINGS.—Under an agreement en-
6 tered into under paragraph (1), the National
7 Academies of Sciences, Engineering, and Medi-
8 cine shall, not later than 1 year after the date
9 on which the Secretary and the National Acad-
10 emies enter into such agreement, transmit to
11 the Secretary the findings of the National
12 Academies with respect to the study conducted
13 pursuant to such agreement.
14 (c) REPORT.—
15 (1) IN GENERAL.—Not later than 30 days after
16 the date on which the Secretary receives the findings
17 of the National Academies of Sciences, Engineering,
18 and Medicine with respect to the study conducted
19 under subsection (b), the Secretary shall submit to
20 Congress a ‘‘Strategy to Ensure American Leader-
21 ship’’ report on such study.
22 (2) CONTENTS.—The report submitted under
23 paragraph (1) shall include the following:
24 (A) The findings of the National Acad-
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1 with respect to the study conducted under sub-
2 section (b).
3 (B) The conclusions of the Secretary with
4 respect to such findings.
5 (C) The recommendations developed under
6 subsection (b)(1)(B).
7 (D) Such other recommendations for legis-
8 lative or administrative action as the Secretary
9 may have with respect to such findings and con-
10 clusions.
11 (3) CLASSIFIED ANNEX.—The report submitted
12 under paragraph (1) shall be submitted in unclassi-
13 fied form, but may include a classified annex if the
14 Secretary determines appropriate.
15 (d) INFORMATION FROM FEDERAL AGENCIES.—
16 (1) IN GENERAL.—The National Academies of
17 Sciences, Engineering, and Medicine may secure di-
18 rectly from a Federal department or agency such in-
19 formation as the National Academies of Sciences,
20 Engineering, and Medicine consider necessary to
21 carry out the study under subsection (b).
22 (2) FURNISHING INFORMATION.—On request of
23 the National Academies of Sciences, Engineering,
24 and Medicine for information, the head of the de-
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1 the National Academies of Sciences, Engineering,
2 and Medicine.
3 (e) CONSULTATION.—The Secretary of Defense and
4 the Director of National Intelligence shall provide support
5 upon request from the Secretary of Commerce or the Na-
6 tional Academies to carry out this section.
7 (f) NON-DUPLICATION OF EFFORT.—In carrying out
8 subsection (b), the Secretary shall, to the degree prac-
9 ticable, coordinate with the steering committee established
10 under section 236(a) of the William M. (Mac) Thornberry
11 National Defense Authorization Act for Fiscal Year 2021
12 (Public Law 116–283).
13 SEC. 12. COORDINATION OF ACTIVITIES.
14 The Director of the Office of Science and Technology
15 Policy, the Director of the National Economic Council, the
16 Director of the Office of Management and Budget, the Di-
17 rector of the National Science Foundation, the Secretary
18 of Commerce, and the Secretary of Energy shall, as appli-
19 cable, coordinate with respect to activities of—
20 (1) the university technology centers established
21 under section 8A(d)(6) of the National Science
22 Foundation Act of 1950;
23 (2) the regional technology hubs under section
24 28 of the Stevenson-Wydler Technology Innovation
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1 (3) the Manufacturing USA Program estab-
2 lished under section 34(b)(1) of the National Insti-
3 tute of Standards and Technology Act (15 U.S.C.
4 278s(b)(1));
5 (4) federally funded research and development
6 centers;
7 (5) National Laboratories, as defined in section
8 2 of the Energy Policy Act of 2005 (42 U.S.C.
9 15801); and
10 (6) Federal laboratories, as defined in section 4
11 of the Stevenson-Wydler Technology Innovation Act
12 of 1980 (15 U.S.C. 3703).
13 SEC. 13. PERSON OR ENTITY OF CONCERN PROHIBITION.
14 No person published on the list under section 1237(b)
15 of the Strom Thurmond National Defense Authorization
16 Act for Fiscal Year 1999 (Public Law 105–261; 50 U.S.C.
17 1701 note) or entity identified under section 1260H of
18 the William M. (Mac) Thornberry National Defense Au-
19 thorization Act for Fiscal Year 2021 (Public Law 116–
20 283) may receive or participate in any grant, award, pro-
21 gram, support, or other activity under—
22 (1) section 8A of the National Science Founda-
23 tion Act of 1950 (Public Law 81–507), as added by
24 section 3;
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1 (3) the supply chain resiliency program under
2 section 6;
3 (4) section 28(b)(1) of the Stevenson-Wydler
4 Technology Innovation Act of 1980 (Public Law 96–
5 480), as added by section 7(a);
6 (5) section 29 of the Stevenson-Wydler Tech-
7 nology Innovation Act of 1980 (Public Law 96–
8 480), as added by section 8; or
9 (6) the Manufacturing USA Program, as im-
10 proved and expanded under section 9.
11 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
12 (a) SHORT TITLE.—This Act may be cited as the
13 ‘‘Endless Frontier Act’’.
14 (b) TABLE OF CONTENTS.—The table of contents of this
15 Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Sense of Congress.
Sec. 4. Interagency working group.
Sec. 5. Key technology focus areas.
TITLE I—NSF TECHNOLOGY AND INNOVATION
Sec. 101. Definitions.
Sec. 102. Directorate establishment and purpose.
Sec. 103. Personnel management.
Sec. 104. Innovation centers.
Sec. 105. Transition of NSF programs.
Sec. 106. Providing scholarships, fellowships, and other student support.
Sec. 107. Research and development.
Sec. 108. Test beds.
Sec. 109. Academic technology transfer.
Sec. 110. Capacity-building program for developing universities.
Sec. 111. Technical assistance.
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Sec. 112. Coordination of activities.
Sec. 113. Reporting requirements.
Sec. 114. Hands-on learning program.
Sec. 115. Intellectual property protection.
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Sec. 116. Authorization of appropriations for the Foundation.
Sec. 117. Authorization of appropriations for the Department of Energy.
TITLE II—NSF RESEARCH, STEM, AND GEOGRAPHIC DIVERSITY
INITIATIVES
Sec. 201. Chief Diversity Officer of the NSF.
Sec. 202. Programs to address the STEM workforce.
Sec. 203. Emerging research institution pilot program.
Sec. 204. Personnel management authorities for the Foundation.
Sec. 205. Advanced Technological Manufacturing Act.
Sec. 206. Intramural emerging institutions pilot program.
Sec. 207. Public-private partnerships.
Sec. 208. AI Scholarship-for-Service Act.
Sec. 209. Geographic diversity.
Sec. 210. Rural STEM Education Act.
Sec. 211. Quantum Network Infrastructure and Workforce Development Act.
Sec. 212. Supporting Early-Career Researchers Act.
Sec. 213. Advancing Precision Agriculture Capabilities Act.
Sec. 214. Critical minerals mining research.
Sec. 215. Caregiver policies.
Sec. 216. Presidential awards.
Sec. 217. Bioeconomy Research and Development Act of 2021.
Sec. 218. Microgravity Utilization Policy.
TITLE III—RESEARCH SECURITY
Sec. 301. National science foundation research security.
Sec. 302. Research security and integrity information sharing analysis organiza-
tion.
Sec. 303. Foreign government talent recruitment program prohibition.
Sec. 304. Additional requirements for directorate research security.
Sec. 305. Protecting research from cyber theft.
Sec. 306. International standards development.
Sec. 307. Research funds accounting.
Sec. 308. Plan with respect to sensitive or controlled information and background
screening.
TITLE IV—REGIONAL INNOVATION CAPACITY
Sec. 401. Regional technology hubs.
Sec. 402. Manufacturing USA Program.
Sec. 403. Establishment of expansion awards program in Hollings Manufac-
turing Extension Partnership and authorization of appropria-
tions for the Partnership.
Sec. 404. National Manufacturing Advisory Council.
TITLE V—MISCELLANEOUS
Sec. 501. Strategy and report on economic security, science, research, and innova-
tion to support the national security strategy.
Sec. 502. Person or entity of concern prohibition.
Sec. 503. Study on emerging science and technology challenges faced by the
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Sec. 504. Report on global semiconductor shortage.
Sec. 505. Supply chain resiliency program.
Sec. 506. Semiconductor incentives.
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Sec. 507. Research investment to spark the Economy Act.
Sec. 508. Office of manufacturing and industrial innovation policy.
Sec. 509. Telecommunications Workforce Training Grant Program.
Sec. 510. Country Of Origin Labeling Online Act.
Sec. 511. Country of origin labeling for king crab and tanner crab.
Sec. 512. Internet exchanges and submarine cables.
Sec. 513. Study of sister city partnerships operating within the United States in-
volving foreign communities in countries with significant public
sector corruption.
Sec. 514. Prohibition on transfer, assignment, or disposition of construction per-
mits and station licenses to entities subject to undue influence
by the Chinese Communist Party or the Government of the Peo-
ple’s Republic of China.
Sec. 515. Limitation on nuclear cooperation with the People’s Republic of China.
Sec. 516. Certification.
Sec. 517. Fairness and due process in standards-setting bodies.
Sec. 518. Shark fin sales elimination.
Sec. 519. Sense of Congress on forced labor.
Sec. 520. Open network architecture.
Sec. 521. Combatting Sexual Harassment in Science.
TITLE VI—SPACE MATTERS
Subtitle A—SPACE Act
Sec. 601. Short title.
Sec. 602. Sense of Congress.
Sec. 603. Definitions.
Sec. 604. Space situational awareness data, information, and services: provision
to non-United States Government entities.
Sec. 605. Centers of Excellence for Space Situational Awareness.
Subtitle B—National Aeronautics and Space Administration Authorization Act
Sec. 611. Short title.
Sec. 612. Definitions.
PART I—AUTHORIZATION OF APPROPRIATIONS
Sec. 613. Authorization of appropriations.
PART II—HUMAN SPACEFLIGHT AND EXPLORATION
Sec. 614. Competitiveness within the human landing system program.
Sec. 615. Space launch system configurations.
Sec. 616. Advanced spacesuits.
Sec. 617. Acquisition of domestic space transportation and logistics resupply
services.
Sec. 618. Rocket engine test infrastructure.
Sec. 619. Pearl River maintenance.
Sec. 620. Value of International Space Station and capabilities in low-Earth
orbit.
Sec. 621. Extension and modification relating to International Space Station.
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Sec. 622. Department of Defense activities on International Space Station.
Sec. 623. Commercial development in low-Earth orbit.
Sec. 624. Maintaining a national laboratory in space.
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Sec. 625. International Space Station national laboratory; property rights in in-
ventions.
Sec. 626. Data first produced during non-NASA scientific use of the ISS national
laboratory.
Sec. 627. Payments received for commercial space-enabled production on the ISS.
Sec. 628. Stepping stone approach to exploration.
Sec. 629. Technical amendments relating to Artemis missions.
PART III—SCIENCE
Sec. 631. Science priorities.
Sec. 632. Lunar discovery program.
Sec. 633. Search for life.
Sec. 634. James Webb Space Telescope.
Sec. 635. Wide-Field Infrared Survey Telescope.
Sec. 636. Study on satellite servicing for science missions.
Sec. 637. Earth science missions and programs.
Sec. 638. Life science and physical science research.
Sec. 639. Science missions to Mars.
Sec. 640. Planetary Defense Coordination Office.
Sec. 641. Suborbital science flights.
Sec. 642. Earth science data and observations.
Sec. 643. Sense of Congress on small satellite science.
Sec. 644. Sense of Congress on commercial space services.
Sec. 645. Procedures for identifying and addressing alleged violations of scientific
integrity policy.
PART IV—AERONAUTICS
Sec. 646. Short title.
Sec. 647. Definitions.
Sec. 648. Experimental aircraft projects.
Sec. 649. Unmanned aircraft systems.
Sec. 650. 21st Century Aeronautics Capabilities Initiative.
Sec. 651. Sense of Congress on on-demand air transportation.
Sec. 652. Sense of Congress on hypersonic technology research.
PART V—SPACE TECHNOLOGY
Sec. 653. Space Technology Mission Directorate.
Sec. 654. Flight opportunities program.
Sec. 655. Small Spacecraft Technology Program.
Sec. 656. Nuclear propulsion technology.
Sec. 657. Mars-forward technologies.
Sec. 658. Prioritization of low-enriched uranium technology.
Sec. 659. Sense of Congress on next-generation communications technology.
Sec. 660. Lunar surface technologies.
PART VI—STEM ENGAGEMENT
Sec. 661. Sense of Congress.
Sec. 662. STEM education engagement activities.
Sec. 663. Skilled technical education outreach program.
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Sec. 664. National space grant college and fellowship program.
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PART VII—WORKFORCE AND INDUSTRIAL BASE
Sec. 665. Appointment and compensation pilot program.
Sec. 666. Establishment of multi-institution consortia.
Sec. 667. Expedited access to technical talent and expertise.
Sec. 668. Report on industrial base for civil space missions and operations.
Sec. 669. Separations and retirement incentives.
Sec. 670. Confidentiality of medical quality assurance records.
PART VIII—MISCELLANEOUS PROVISIONS
Sec. 671. Contracting authority.
Sec. 672. Authority for transaction prototype projects and follow-on production
contracts.
Sec. 673. Protection of data and information from public disclosure.
Sec. 674. Physical security modernization.
Sec. 675. Lease of non-excess property.
Sec. 676. Cybersecurity.
Sec. 677. Limitation on cooperation with the People’s Republic of China.
Sec. 678. Consideration of issues related to contracting with entities receiving as-
sistance from or affiliated with the People’s Republic of China.
Sec. 679. Small satellite launch services program.
Sec. 680. 21st century space launch infrastructure.
Sec. 681. Missions of national need.
Sec. 682. Drinking water well replacement for Chincoteague, Virginia.
Sec. 683. Passenger carrier use.
Sec. 684. Use of commercial near-space balloons.
Sec. 685. President’s Space Advisory Board.
Sec. 686. Initiative on technologies for noise and emissions reductions.
Sec. 687. Remediation of sites contaminated with trichloroethylene.
Sec. 688. Review on preference for domestic suppliers.
Sec. 689. Report on use of commercial spaceports licensed by the Federal Aviation
Administration.
Sec. 690. Active orbital debris mitigation.
Sec. 691. Study on commercial communications services.
1 SEC. 2. DEFINITIONS.
2 Unless otherwise specified, in this Act:
3 (1) APPRENTICESHIP.—The term ‘‘apprentice-
4 ship’’ means an apprenticeship registered under the
5 Act of August 16, 1937 (commonly known as the ‘‘Na-
6 tional Apprenticeship Act’’; 50 Stat. 664, chapter
7 663; 29 U.S.C. 50 et seq.) that meets the standards
8 of subpart A of part 29 and part 30 of title 29, Code
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1 (2) DIRECTOR.—The term ‘‘Director’’ means the
2 Director of the National Science Foundation.
3 (3) DIRECTORATE.—The term ‘‘Directorate’’
4 means the Directorate for Technology and Innovation
5 established under section 102.
6 (4) EMERGING RESEARCH INSTITUTION.—The
7 term ‘‘emerging research institution’’ means an insti-
8 tution of higher education with an established under-
9 graduate or graduate program that has, on average
10 for the 3 years prior to an application for an award
11 under this Act, received less than $50,000,000 in Fed-
12 eral research funding.
13 (5) EPSCOR.—The term ‘‘EPSCoR’’ means the
14 Established Program to Stimulate Competitive Re-
15 search under section 113 of the National Science
16 Foundation Authorization Act of 1988 (42 U.S.C.
17 1862g).
18 (6) FOUNDATION.—The term ‘‘Foundation’’
19 means the National Science Foundation.
20 (7) HISTORICALLY BLACK COLLEGE OR UNIVER-
21 SITY.—The term ‘‘historically Black college or univer-
22 sity’’ has the meaning given the term ‘‘part B institu-
23 tion’’ in section 322 of the Higher Education Act of
24 1965 (20 U.S.C. 1061).
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1 (8) INSTITUTION OF HIGHER EDUCATION.—The
2 term ‘‘institution of higher education’’ has the mean-
3 ing given the term in section 101 of the Higher Edu-
4 cation Act of 1965 (20 U.S.C. 1001).
5 (9) KEY TECHNOLOGY FOCUS AREAS.—The term
6 ‘‘key technology focus areas’’ means the areas included
7 on the most recent list under section 5.
8 (10) MINORITY-SERVING INSTITUTION.—The
9 term ‘‘minority-serving institution’’ means an insti-
10 tution described in section 371(a) of the Higher Edu-
11 cation Act of 1965 (20 U.S.C. 1067q(a)).
12 (11) STEM.—The term ‘‘STEM’’ means the aca-
13 demic and professional disciplines of science, tech-
14 nology, engineering, and mathematics, including com-
15 puter science.
16 SEC. 3. SENSE OF CONGRESS.
17 It is the sense of Congress that—
18 (1) the National Science Foundation, the De-
19 partment of Energy and its National Laboratories (as
20 defined in section 2 of the Energy Policy Act of 2005
21 (42 U.S.C. 15801)), and other key Federal agencies
22 have carried out vital work supporting basic and ap-
23 plied research to create knowledge that is a key driver
24 of the economy of the United States and a critical
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1 (2) openness to diverse perspectives and a focus
2 on freedom from censorship and political bias will
3 continue to make educational and research institu-
4 tions in the United States beacons to thousands of
5 students from across the world;
6 (3) increasing research and technology transfer
7 investments, building regional capacity and reducing
8 geographic disparity, strengthening supply chains,
9 and increasing capabilities in key technology focus
10 areas will enhance the competitive advantage and
11 leadership of the United States in the global economy;
12 (4) the Federal Government must utilize the full
13 talent and potential of the entire Nation by avoiding
14 undue geographic concentration of research and edu-
15 cation funding, encouraging broader participation of
16 populations underrepresented in STEM, and collabo-
17 rating with non-government partners to ensure the
18 leadership of the United States in technological inno-
19 vation; and
20 (5) authorization and funding for investments in
21 research, education, technology transfer, intellectual
22 property, manufacturing, and other core strengths of
23 the United States innovation ecosystem, including at
24 the National Science Foundation and the Department
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1 SEC. 4. INTERAGENCY WORKING GROUP.
2 (a) ESTABLISHMENT.—The Director of the Office of
3 Science and Technology Policy, acting through the National
4 Science and Technology Council, shall establish or designate
5 an interagency working group to coordinate the activities
6 specified in subsection (c).
7 (b) COMPOSITION.—The interagency working group
8 shall be composed of the following members (or their des-
9 ignees), who may be organized into subcommittees, as ap-
10 propriate:
11 (1) The Secretary of Commerce.
12 (2) The Director of the National Science Foun-
13 dation.
14 (3) The Secretary of Energy.
15 (4) The Secretary of Defense.
16 (5) The Director of the National Economic
17 Council.
18 (6) The Director of the Office of Management
19 and Budget.
20 (7) The Secretary of Health and Human Serv-
21 ices.
22 (8) The Administrator of the National Aero-
23 nautics and Space Administration.
24 (9) The Secretary of Agriculture.
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1 (11) The Director of the Federal Bureau of In-
2 vestigation.
3 (12) Such other Federal officials as the Director
4 of the Office of Science and Technology Policy con-
5 siders appropriate, including members of the National
6 Science and Technology Council Committee on Tech-
7 nology.
8 (c) COORDINATION.—The interagency working group
9 shall ensure that the activities of different Federal agencies
10 enhance and complement, but, as appropriate, do not dupli-
11 cate, efforts being carried out by another Federal agency,
12 with a focus on—
13 (1) the activities of the National Science Foun-
14 dation Technology and Innovation Directorate in the
15 key technology focus areas, such as within the innova-
16 tion centers under section 104 and test beds under
17 section 108 under this Act;
18 (2) the activities of the Department of Commerce
19 under this Act, including regional technology hubs
20 under section 28 of the Stevenson-Wydler Act of 1980
21 (15 U.S.C. 13701 et seq.), the Manufacturing USA
22 Program established under section 34(b)(1) of the Na-
23 tional Institute of Standards and Technology Act (15
24 U.S.C. 278s(b)(1)), and the Hollings Manufacturing
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1 (3) the activities of the Department of Energy in
2 the key technology focus areas, including at the na-
3 tional laboratories, as defined in section 2 of the En-
4 ergy Policy Act of 2005 (42 U.S.C. 15801), and at
5 Federal laboratories, as defined in section 4 of the
6 Stevenson-Wydler Technology Innovation Act of 1980
7 (15 U.S.C. 3703), and facilities and user facilities op-
8 erated in partnership with such national laboratories
9 or the Department of Energy; and
10 (4) any other program that the Director of the
11 Office of Science and Technology Policy determines
12 involves research and development with respect to the
13 key technology focus areas.
14 (d) REPORT.—The interagency working group shall—
15 (1) by not later than 180 days after the date of
16 enactment of this Act—
17 (A) conduct an initial review of Federal
18 programs and resources with respect to the key
19 technology focus areas identified pursuant to sec-
20 tion 5(a), in order to—
21 (i) assess current level of efforts and
22 characterize existing research infrastructure,
23 as of the date of the review;
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1 (ii) identify potential areas of overlap
2 or duplication with respect to the key tech-
3 nology focus areas; and
4 (iii) identify potential cross-agency
5 collaborations and joint funding opportuni-
6 ties; and
7 (B) review whether Federal investments in
8 the key technology focus areas have resulted in
9 new domestic manufacturing capacity and job
10 creation;
11 (C) submit a report regarding the review
12 described in subparagraph (A) to Congress; and
13 (D) seek stakeholder input and rec-
14 ommendations in the course of such review;
15 (2) shall carry out the annual reviews and up-
16 dates required under section 5.
17 (e) DETAILED DESCRIPTION.—The National Science
18 Foundation and the Department of Energy shall, in coordi-
19 nation with the Office of Management and Budget, submit
20 as part of their annual budget requests to Congress, a de-
21 tailed description of the activities to be funded under this
22 Act, including an explanation of how the requested funding
23 is complementary and not redundant of programs, efforts,
24 and infrastructure undertaken or supported by other rel-
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1 (f) CONFLICTS.—If any conflicts between Federal agen-
2 cies arise while carrying out the activities under this sec-
3 tion, the President shall make the final decision regarding
4 resolution of the conflict.
5 SEC. 5. KEY TECHNOLOGY FOCUS AREAS.
6 (a) IN GENERAL.—
7 (1) INITIAL LIST.—The initial key technology
8 focus areas are:
9 (A) Artificial intelligence, machine learn-
10 ing, autonomy, and related advances.
11 (B) High performance computing, semi-
12 conductors, and advanced computer hardware
13 and software.
14 (C) Quantum information science and tech-
15 nology.
16 (D) Robotics, automation, and advanced
17 manufacturing.
18 (E) Natural and anthropogenic disaster
19 prevention or mitigation.
20 (F) Advanced communications technology
21 and immersive technology.
22 (G) Biotechnology, medical technology,
23 genomics, and synthetic biology.
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1 (H) Data storage, data management, dis-
2 tributed ledger technologies, and cybersecurity,
3 including biometrics.
4 (I) Advanced energy, batteries, and indus-
5 trial efficiency, including advanced nuclear tech-
6 nologies for the purposes of electric generation
7 (consistent with section 15 of the National
8 Science Foundation Act of 1950 (42 U.S.C.
9 1874).
10 (J) Advanced materials science, including
11 composites and 2D materials.
12 (2) REVIEW AND UPDATES.—The Director and
13 the Secretary of Energy, in coordination with the
14 interagency working group established under section 4
15 and in consultation with the Director of National In-
16 telligence and the Director of the Federal Bureau of
17 Investigation, shall annually review, and update as
18 required, the list of key technology focus areas for
19 purposes of this Act.
20 (b) ANNUAL REVIEW.—In annually reviewing and up-
21 dating (as necessary) the list of key technology focus areas,
22 the Director of the National Science Foundation and the
23 Secretary of Energy, in coordination with the interagency
24 working group established under section 4—
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1 (2) may consider the challenges and rec-
2 ommendations identified in the report required by
3 section 503 and in other relevant reports, such as
4 technology and global trend reports from the defense
5 and intelligence communities;
6 (3) shall consider the potential impact of the key
7 technology focus areas on addressing national chal-
8 lenges, including competitive and security threats to
9 the United States and to United States industries, in-
10 cluding agriculture; and
11 (4) subject to the limitation under subsection (c),
12 may add or delete key technology focus areas in light
13 of shifting national needs or competitive threats to the
14 United States (including for reasons of the United
15 States or other countries having advanced or fallen
16 behind in a technological area).
17 (c) LIMIT ON KEY TECHNOLOGY FOCUS AREAS.—Not
18 more than 10 key technology focus areas shall be included
19 on the list of key technology focus areas at any time. Engi-
20 neering and exploration relevant to the other key technology
21 focus areas described in this section shall be considered part
22 of the relevant key technology focus area.
23 (d) REPORTING.—The Director and the Secretary of
24 Energy shall annually deliver a report to Congress detail-
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1 (1) the key technology focus areas and rationale
2 for their selection;
3 (2) the role of the Foundation, the Department
4 of Energy, and other Federal entities, as relevant, in
5 advancing the key technology focus areas; and
6 (3) the impact, including to the academic re-
7 search community, of any changes to the key tech-
8 nology focus areas.
9 (e) NATIONAL ACADEMIES.—Not later than 5 years
10 after the date of enactment of this Act, the Director shall
11 contract with the National Academies of Sciences, Engi-
12 neering, and Medicine to conduct a review of the key tech-
13 nology focus areas.
14 TITLE I—NSF TECHNOLOGY AND
15 INNOVATION
16 SEC. 101. DEFINITIONS.
17 In this title:
18 (1) DESIGNATED COUNTRY.—
19 (A) IN GENERAL.—The term ‘‘designated
20 country’’—
21 (i) except as provided in clause (ii),
22 means—
23 (I) Australia;
24 (II) Canada;
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1 (IV) the United Kingdom;
2 (V) the State of Israel;
3 (VI) Taiwan; and
4 (VII) any other country that has
5 been approved and designated in writ-
6 ing by the President for purposes of
7 this Act, after providing—
8 (aa) not less than 30 days of
9 advance notification and expla-
10 nation to the relevant congres-
11 sional committees before the des-
12 ignation; and
13 (bb) in-person briefings to
14 such committees, if requested dur-
15 ing the 30-day advance notifica-
16 tion period described in item (aa);
17 and
18 (ii) excludes any country that takes ac-
19 tions to boycott, divest from, or sanction
20 Israel.
21 (B) ACTIONS TO BOYCOTT, DIVEST FROM,
22 OR SANCTION ISRAEL.—For purposes of subpara-
23 graph (A)(ii), the term ‘‘actions to boycott, divest
24 from, or sanction Israel’’ has the meaning given
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1 tisan Congressional Trade Priorities and Ac-
2 countability Act of 2015 (19 U.S.C.
3 4201(b)(20)(B)).
4 (2) LABOR ORGANIZATION.—The term ‘‘labor or-
5 ganization’’ has the meaning given the term in sec-
6 tion 2(5) of the National Labor Relations Act (29
7 U.S.C. 152(5)), except that such term shall also in-
8 clude—
9 (A) any organization composed of labor or-
10 ganizations, such as a labor union federation or
11 a State or municipal labor body; and
12 (B) any organization which would be in-
13 cluded in the definition for such term under such
14 section 2(5) but for the fact that the organization
15 represents—
16 (i) individuals employed by the United
17 States, any wholly owned Government cor-
18 poration, any Federal Reserve Bank, or any
19 State or political subdivision thereof;
20 (ii) individuals employed by persons
21 subject to the Railway Labor Act (45 U.S.C.
22 151 et seq.); or
23 (iii) individuals employed as agricul-
24 tural laborers.
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1 (3) NATIONAL LABORATORY.—The term ‘‘Na-
2 tional Laboratory’’ has the meaning given the term in
3 section 3 of the Energy Policy Act of 2005 (42 U.S.C.
4 15801).
5 (4) TRIBAL COLLEGE OR UNIVERSITY.—The term
6 ‘‘Tribal College or University’’ has the meaning given
7 the term in section 316(b)(3) of the Higher Education
8 Act of 1965 (20 U.S.C. 1059c(b)(3)).
9 SEC. 102. DIRECTORATE ESTABLISHMENT AND PURPOSE.
10 (a) ESTABLISHMENT OF DIRECTORATE FOR TECH-
11 NOLOGY AND INNOVATION.—Subject to the availability of
12 appropriations and not later than 180 days after the date
13 of enactment of this Act, the Director shall establish a Di-
14 rectorate for Technology and Innovation in the Foundation.
15 (b) PURPOSES.—The Directorate shall further the fol-
16 lowing purposes:
17 (1) Strengthening the leadership of the United
18 States in critical technologies, including as relevant
19 to the critical national needs described in section
20 7018 of the America COMPETES Act (42 U.S.C.
21 1862o–5).
22 (2) Addressing and mitigating technology chal-
23 lenges integral to the geostrategic position of the
24 United States through the activities authorized by
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1 (3) Enhancing the competitiveness of the United
2 States by improving education in the key technology
3 focus areas and attracting more students to such
4 areas at all levels of education.
5 (4) Accelerating the translation and development
6 of scientific advances in the key technology focus
7 areas into processes and products in the United
8 States.
9 (5) Utilizing the full potential of the United
10 States workforce by avoiding undue geographic con-
11 centration of research and development and education
12 funding across the United States, and encouraging
13 broader participation in the key technology focus
14 areas by populations underrepresented in STEM.
15 (6) Ensuring the programmatic work of the Di-
16 rectorate and Foundation incorporates a workforce
17 perspective from labor organizations and workforce
18 training organizations.
19 (c) ACTIVITIES.—The Directorate—
20 (1) shall support basic and applied research, and
21 technology development of such research, including
22 through awards to individual researchers, entities, or
23 consortia and through diverse funding mechanisms
24 and models;
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1 (2) shall identify and develop opportunities to
2 coordinate and collaborate on research, development,
3 and commercialization—
4 (A) with other directorates and offices of the
5 Foundation;
6 (B) with stakeholders in academia, the pri-
7 vate sector, and nonprofit entities; and
8 (C) with other Federal research agencies, as
9 well as State and local governments;
10 (3) shall provide awards for research and devel-
11 opment projects designed to achieve specific tech-
12 nology metrics or objectives;
13 (4) may support research and technology devel-
14 opment infrastructure, including testbeds, to advance
15 the development, operation, integration, and deploy-
16 ment of innovation;
17 (5) shall identify and develop opportunities to
18 reduce barriers for technology transfer, including in-
19 tellectual property frameworks between academia and
20 industry, nonprofit entities, and the venture capital
21 communities;
22 (6) shall build capacity for research at institu-
23 tions of higher education across the United States;
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1 (7) shall partner with other directorates and of-
2 fices of the Foundation for projects or research, in-
3 cluding—
4 (A) to pursue basic questions about natural,
5 human, and physical phenomena that could en-
6 able advances in the key technology focus areas;
7 (B) to study questions that could affect the
8 design (including human interfaces), safety, se-
9 curity, operation, deployment, or the social and
10 ethical consequences of technologies in the key
11 technology focus areas, including the development
12 of technologies that complement or enhance the
13 abilities of workers and impact of specific inno-
14 vations on domestic jobs and equitable oppor-
15 tunity; and
16 (C) to further the creation of a domestic
17 workforce capable of advancing, using, and
18 adapting to key technology focus areas and un-
19 derstanding and improving the impact of key
20 technology focus areas on STEM teaching and
21 learning by advancing the key technology focus
22 areas, including engaging relevant partners in
23 research and innovation programs;
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1 (8) may make awards under the SBIR and
2 STTR programs (as defined in section 9(e) of the
3 Small Business Act (15 U.S.C. 638(e)); and
4 (9) may enter into and perform such contracts,
5 make such financial assistance awards, carry out
6 such other transactions, or make such other arrange-
7 ments, or modifications thereof, as may be necessary
8 in the conduct of the work of the Directorate and on
9 such terms as the Director considers appropriate, in
10 furtherance of the purposes of this title.
11 (d) ASSISTANT DIRECTOR.—
12 (1) APPOINTMENT.—The Director shall appoint
13 an Assistant Director for the Directorate, in the same
14 manner as other Assistant Directors of the Founda-
15 tion are appointed.
16 (2) QUALIFICATIONS.—Each Assistant Director
17 for the Directorate shall be an individual, who by rea-
18 son of professional background and experience, is spe-
19 cially qualified to advise the Foundation on all mat-
20 ters pertaining to research, development, and commer-
21 cialization at the Foundation, including partnerships
22 with the private sector and other users of Foundation
23 funded research.
24 (e) CONSIDERATIONS.—After completion of the studies
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1 of Commerce under title XV of division FF of the Consoli-
2 dated Appropriations Act, 2021 (Public Law 116-260), the
3 Director shall consider the results of such studies in car-
4 rying out the activities of the Directorate.
5 SEC. 103. PERSONNEL MANAGEMENT.
6 (a) PERSONNEL.—The Director shall establish and
7 maintain within the Directorate a staff with sufficient
8 qualifications and expertise to enable the Directorate to
9 carry out its responsibilities under this title.
10 (b) PROGRAM DIRECTORS.—
11 (1) DESIGNATION.—The Director may designate
12 employees to serve as program directors for the pro-
13 grams established within the Directorate pursuant to
14 the responsibilities established under paragraph (2).
15 The Director shall ensure that program directors—
16 (A) have expertise in the key technology
17 focus areas; and
18 (B) come from a variety of backgrounds, in-
19 cluding industry, and from a variety of institu-
20 tions of higher education.
21 (2) RESPONSIBILITIES.—A program director of a
22 program of the Directorate shall be responsible for—
23 (A) establishing research and development
24 goals for the program, including through the con-
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1 experts and by publicizing the goals of the pro-
2 gram to the public and private sectors;
3 (B) soliciting proposals from entities to con-
4 duct research in areas of particular promise
5 within key technology focus areas, especially
6 areas that the private sector or the Federal Gov-
7 ernment are not likely to undertake alone;
8 (C) identifying areas for research and devel-
9 opment;
10 (D) building research collaborations for car-
11 rying out the program;
12 (E) reviewing applications for projects to be
13 supported under the program, and considering—
14 (i) the novelty and scientific and tech-
15 nical merit of the proposed projects;
16 (ii) broader impacts criteria under sec-
17 tion 526 of the National Science Founda-
18 tion Authorization Act of 2010 (42 U.S.C.
19 1862p–14);
20 (iii) the demonstrated capabilities of
21 the applicants to successfully carry out the
22 proposed project;
23 (iv) the consideration by the applicant
24 of future commercial applications of the
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1 partnering with 1 or more commercial enti-
2 ties; and
3 (v) such other criteria as are estab-
4 lished by the Director; and
5 (F) monitoring the progress of projects sup-
6 ported under the program and recommending
7 program restructure or termination, as needed.
8 (3) TERMS.—Program directors of the Direc-
9 torate may be appointed by the Director for a limited
10 term, renewable at the discretion of the Director.
11 (c) SELECTION CRITERIA AND REPORT.—
12 (1) PEER REVIEW.—The Directorate may use a
13 peer review process to inform the selection of award
14 recipients.
15 (2) REPORT.—Not later than 18 months after the
16 establishment of the Directorate, the Director shall
17 prepare and submit a report to Congress regarding
18 the use of alternative methods for the selection of
19 award recipients and the distribution of funding to
20 recipients, as compared to the traditional peer review
21 process.
22 (d) RULE OF CONSTRUCTION.—Nothing in this section
23 shall be construed to modify the authority of the Director
24 or the National Science Board with respect to the selection
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1 SEC. 104. INNOVATION CENTERS.
2 (a) UNIVERSITY TECHNOLOGY CENTER PROGRAM.—
3 (1) IN GENERAL.—From amounts made avail-
4 able to the Directorate, the Director shall establish a
5 program in the Directorate to make awards, through
6 a competitive selection process, to eligible entities to
7 establish university technology centers.
8 (2) PURPOSE.—The purpose of the university
9 technology centers shall be to—
10 (A) conduct multi-disciplinary, collabo-
11 rative basic and applied research, relevant to at
12 least one of the key technology focus areas;
13 (B) leverage the expertise of multi-discipli-
14 nary and multi-sector partners, including part-
15 ners from private industry;
16 (C) further the development, deployment,
17 and commercialization of innovations, including
18 inventions, in the key technology focus areas, in-
19 cluding those derived from the activities of the
20 university technology center; and
21 (D) support the development of scientific,
22 innovation, entrepreneurial, and educational ca-
23 pacity within the region of the university tech-
24 nology center.
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1 (3) USE OF FUNDS.—University technology cen-
2 ters established under this subsection may use support
3 provided—
4 (A) to carry out research to advance inno-
5 vation in the key technology focus areas;
6 (B) for technology development activities
7 such as proof-of-concept development, proto-
8 typing, design modification, experimental devel-
9 opment, and other actions to reduce the cost,
10 time, and risk of commercializing new tech-
11 nologies;
12 (C) for the costs of equipment and
13 cyberinfrastructure;
14 (D) for the costs associated with technology
15 transfer and commercialization, including pat-
16 enting and licensing; or
17 (E) for operations and staff.
18 (4) SELECTION PROCESS.—In selecting recipi-
19 ents under this subsection, the Director shall consider,
20 in addition to the scientific and technical merit of the
21 proposal—
22 (A) maximizing regional and geographic di-
23 versity of the university technology centers, in-
24 cluding by considering rural-serving institutions
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1 of the Higher Education Act of 1965 (20 U.S.C.
2 1161a(b));
3 (B) the extent to which the applicant’s pro-
4 posal would broaden participation by popu-
5 lations underrepresented in STEM;
6 (C) the capacity of the applicant to engage
7 industry, labor, and other appropriate organiza-
8 tions and, where applicable, contribute to growth
9 in domestic manufacturing capacity and job cre-
10 ation;
11 (D) in the case of a consortium, the extent
12 to which the proposal includes institutions listed
13 in paragraph (7)(C)(ii);
14 (E) the amount of funds from industry or-
15 ganizations described in paragraph (5)(A)(ii)
16 the applicant would use towards establishing the
17 university technology center;
18 (F) the plan and capability of the applicant
19 to take measures to prevent the inappropriate
20 use of the research and technology of the center,
21 including research results, data, and intellectual
22 property, as appropriate and consistent with the
23 requirements of the relevant award; and
24 (G) the plan and capability of the appli-
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1 prototyping as well as technology transfer and
2 commercialization activities.
3 (5) REQUIREMENTS.—
4 (A) IN GENERAL.—The Director shall en-
5 sure that any eligible entity receiving an award
6 under this subsection has—
7 (i) the capacity or the ability to ac-
8 quire the capacity to advance the purposes
9 described in section 102(b); and
10 (ii) secured contributions for estab-
11 lishing the university technology center
12 under this subsection from industry or other
13 non-Federal organizations in an amount
14 not less than 10 percent of the total amount
15 of the award the eligible entity would re-
16 ceive under this subsection.
17 (B) CONSORTIUM ELIGIBILITY.—To be eligi-
18 ble to receive an award for the establishment and
19 operation of a university technology center, a
20 consortium shall be composed of not fewer than
21 2 entities as described in paragraph (7)(C) and
22 operate subject to a binding agreement, entered
23 into by each member of the consortium, that doc-
24 uments—
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1 (i) the proposed partnership agree-
2 ment, including the governance and man-
3 agement structure of the university tech-
4 nology center;
5 (ii) measures the consortium will un-
6 dertake to enable cost-effective implementa-
7 tion of activities under paragraph (3);
8 (iii) a proposed budget, including fi-
9 nancial contributions from non-Federal
10 sources; and
11 (iv) the plan for ownership and use of
12 any intellectual property developed by the
13 center.
14 (6) SUPPORT OF REGIONAL TECHNOLOGY
15 HUBS.—Each university technology center established
16 under this subsection may support and participate
17 in, as appropriate, the activities of any regional tech-
18 nology hub designated under section 28 of the Steven-
19 son-Wydler Technology Innovation Act of 1980 (15
20 U.S.C. 3701 et seq.), as amended by section 401 of
21 this Act.
22 (7) ELIGIBLE ENTITY.—In this subsection, the
23 term ‘‘eligible entity’’ means—
24 (A) an individual institution of higher edu-
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1 (B) a nonprofit entity; or
2 (C) a consortium that—
3 (i) shall include and be led by an in-
4 stitution of higher education or by a non-
5 profit entity, designed to support technology
6 development;
7 (ii) shall include 1 or more institution
8 that is—
9 (I) a historically Black college or
10 university;
11 (II) a Tribal College or Univer-
12 sity;
13 (III) a minority-serving institu-
14 tion (or an institution of higher edu-
15 cation with an established STEM ca-
16 pacity building program focused on
17 traditionally underrepresented popu-
18 lations in STEM, including Native
19 Hawaiians, Alaska Natives, and other
20 Indians);
21 (IV) an institution that partici-
22 pates in the Established Program to
23 Stimulate Competitive Research under
24 section 113 of the National Science
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1 Foundation Authorization Act of 1988
2 (42 U.S.C. 1862g);
3 (V) an emerging research institu-
4 tion; or
5 (VI) a community college; and
6 (iii) may include 1 or more—
7 (I) additional entities described in
8 subparagraph (A) or (B);
9 (II) industry entities, including
10 startups, small businesses, and public-
11 private partnerships;
12 (III) economic development orga-
13 nizations or venture development orga-
14 nizations, as such terms are defined in
15 section 28(a) of the Stevenson-Wydler
16 Technology Innovation Act of 1980 (15
17 U.S.C. 13701 et seq.), as amended by
18 section 401 of this Act;
19 (IV) National Laboratories;
20 (V) Federal laboratories, as de-
21 fined in section 4 of the Stevenson-
22 Wydler Technology Innovation Act of
23 1980 (15 U.S.C. 3703);
24 (VI) Federal research facilities;
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1 (VIII) entities described in sub-
2 paragraph (A) or (B) from allied or
3 partner countries;
4 (IX) other entities if determined
5 by the Director to be vital to the suc-
6 cess of the program; and
7 (X) binational research and devel-
8 opment foundations and funds, exclud-
9 ing foreign entities of concern, as de-
10 fined in section 307.
11 (b) INNOVATION INSTITUTE.—
12 (1) IN GENERAL.—The Director shall establish
13 innovation institutes to further the research, develop-
14 ment, and commercialization of innovation in the key
15 technology focus areas.
16 (2) PARTNERSHIPS.—
17 (A) IN GENERAL.—Each innovation insti-
18 tute shall be comprised of a partnership includ-
19 ing 2 or more of the following entities:
20 (i) An institution of higher education.
21 (ii) A for-profit company.
22 (iii) A nonprofit organization.
23 (iv) A Federal agency.
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1 (v) Another entity, if that entity is de-
2 termined by the Director to be vital to the
3 success of the program.
4 (B) CO-EQUAL.—Each entity comprising
5 the institute shall, to the extent practicable, work
6 as co-equal partners in terms of funding and re-
7 search efforts in support of the institute.
8 (C) INSTITUTIONAL OR ORGANIZATIONAL
9 LEVEL.—The Director shall work to ensure that
10 such partnerships exist at the institutional or or-
11 ganization level, rather than solely at the prin-
12 cipal investigator level.
13 (3) COST SHARE.—To the extent practicable, not
14 less than half of the funding for an institute shall be
15 provided by non-Federal entities.
16 (c) NUMBER OF CENTERS AND INSTITUTES ESTAB-
17 LISHED.—The Director shall endeavor to establish a balance
18 in the number of university technology centers and innova-
19 tion institutes.
20 SEC. 105. TRANSITION OF NSF PROGRAMS.
21 The Director may transition the management of exist-
22 ing programs of the National Science Foundation that con-
23 duct activities in addition to basic research to the Direc-
24 torate, including—
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1 (2) Industry-University Cooperative Research
2 Centers;
3 (3) National AI Research Institutes;
4 (4) Innovation Corps (I-Corps), as described in
5 section 601 of the American Innovation and Competi-
6 tiveness Act (42 U.S.C. 1862s-8); and
7 (5) any other programs that the Director con-
8 siders appropriate.
9 SEC. 106. PROVIDING SCHOLARSHIPS, FELLOWSHIPS, AND
10 OTHER STUDENT SUPPORT.
11 (a) IN GENERAL.—The Director, acting through the
12 Directorate, shall fund undergraduate scholarships (includ-
13 ing at community colleges), graduate fellowships and
14 traineeships, and postdoctoral awards in the key technology
15 focus areas.
16 (b) IMPLEMENTATION.—The Director may carry out
17 subsection (a) by making awards—
18 (1) directly to students; and
19 (2) to institutions of higher education or con-
20 sortia of institutions of higher education, including
21 those institutions or consortia involved in operating
22 university technology centers established under section
23 104(a).
24 (c) BROADENING PARTICIPATION.—In carrying out
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1 ticipation of populations that are underrepresented in
2 STEM, which may include—
3 (1) establishing or augmenting programs tar-
4 geted at populations that are underrepresented in
5 STEM;
6 (2) supporting traineeships or other relevant
7 programs at minority-serving institutions (or institu-
8 tions of higher education with an established STEM
9 capacity building program focused on traditionally
10 underrepresented populations in STEM, including
11 Native Hawaiians, Alaska Natives, and other Indi-
12 ans);
13 (3) addressing current and expected gaps in the
14 availability or skills of the STEM workforce, or ad-
15 dressing needs of the STEM workforce, including by
16 increasing educational capacity at institutions and
17 by prioritizing awards to United States citizens, per-
18 manent residents, and individuals that will grow the
19 domestic workforce; and
20 (4) addressing geographic diversity in the STEM
21 workforce.
22 (d) INNOVATION.—In carrying out this section, the Di-
23 rector shall encourage innovation in graduate education,
24 including through encouraging institutions of higher edu-
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1 rience in industry or Government as part of their graduate
2 training, and through support for students in professional
3 masters programs related to the key technology focus areas.
4 (e) AREAS OF FUNDING SUPPORT.—Subject to the
5 availability of funds to carry out this section, the Director
6 shall—
7 (1) issue—
8 (A) postdoctoral awards,
9 (B) graduate fellowships and traineeships,
10 inclusive of the NSF Research Traineeships and
11 fellowships awarded under the Graduate Re-
12 search Fellowship Program; and
13 (C) scholarships, including undergraduate
14 scholarships, research experiences, and intern-
15 ships, including—
16 (i) scholarships to attend community
17 colleges; and
18 (ii) research experiences and intern-
19 ships under sections 513, 514, and 515 of
20 the America COMPETES Reauthorization
21 Act of 2010 (42 U.S.C. 1862p–5; 1862p–6;
22 1862p–7);
23 (2) ensure that not less than 10 percent of the
24 funds made available to carry out this section are
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1 munity college training, education, and teaching pro-
2 grams that increase the participation of populations
3 that are underrepresented in STEM, including tech-
4 nical programs through programs such as the Ad-
5 vanced Technological Education program;
6 (3) ensure that not less than 20 percent of the
7 funds made available to carry out this section are
8 used to support institutions of higher education, and
9 other institutions, located in jurisdictions that par-
10 ticipate in the program under section 113 of the Na-
11 tional Science Foundation Authorization Act of 1988
12 (42 U.S.C. 1862g); and
13 (4) if funds remain after carrying out para-
14 graphs (1), (2), and (3), make awards to institutions
15 of higher education to enable the institutions to fund
16 the development and establishment of new or special-
17 ized programs of study for graduate, undergraduate,
18 or technical college students and the evaluation of the
19 effectiveness of those programs of study.
20 (f) EXISTING PROGRAMS.—The Director may use or
21 augment existing STEM education programs of the Foun-
22 dation and leverage education or entrepreneurial partners
23 to carry out this section.
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1 SEC. 107. RESEARCH AND DEVELOPMENT.
2 (a) IN GENERAL.—From amounts made available for
3 the Directorate, the Director shall make awards, on a com-
4 petitive basis, for research and technology development
5 within the key technology focus areas.
6 (b) PURPOSE.—The purpose of the awards under this
7 section shall be to demonstrate revolutionary technological
8 advances in the key technology focus areas, including ad-
9 vances that expedite short-term technology deployment.
10 (c) RECIPIENTS.—Recipients of funds under this sec-
11 tion may include institutions of higher education, research
12 institutions, nonprofit entities, private sector entities, con-
13 sortia, or other entities as defined by the Director.
14 (d) METRICS.—The Director may set metrics, includ-
15 ing goals and deadlines, for development of such technology
16 as determined in the terms of the award, and may use such
17 metrics to determine whether an award recipient shall be
18 eligible for continued or follow-on funding. The Director
19 shall ensure that the length of the grants for applicants seek-
20 ing to demonstrate revolutionary technological advances to
21 expedite short-term technology deployment last no longer
22 than 24 months.
23 (e) SELECTION CRITERIA.—In selecting recipients for
24 an award under this section, the Director shall consider,
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1 (1) the relevance of the project to the key tech-
2 nology focus areas;
3 (2) the current status of the technology, the lim-
4 its of current practice, and the likelihood of the pri-
5 vate sector to independently demonstrate a similar
6 technological advance;
7 (3) the potential of the project to generate a revo-
8 lutionary technological advance, including advances
9 that can expedite short-term technology deployment;
10 (4) the potential impact of the project on the eco-
11 nomic security, national security, or technological
12 competitiveness of the United States;
13 (5) the likelihood of the project’s success;
14 (6) the cost and time associated with the project;
15 (7) the appropriateness of quantitative goals and
16 metrics for evaluating the project and a plan for eval-
17 uating those metrics; and
18 (8) the path for developing and, as appropriate
19 commercializing, the technology.
20 SEC. 108. TEST BEDS.
21 (a) PROGRAM AUTHORIZED.—
22 (1) IN GENERAL.—From amounts made avail-
23 able for the Directorate, the Director, in coordination
24 with the Director of the National Institute of Stand-
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1 determined appropriate by the Director, shall estab-
2 lish a program in the Directorate to make awards, on
3 a competitive basis, to institutions of higher edu-
4 cation, nonprofit organizations, or consortia (as de-
5 fined in section 104(a)(7)(C)) to establish and operate
6 test beds, which may include fabrication facilities and
7 cyberinfrastructure, to advance the development, oper-
8 ation, integration, deployment, and, as appropriate,
9 demonstration of new, innovative technologies in the
10 key technology focus areas, which may include hard-
11 ware or software.
12 (2) COORDINATION.—In establishing new test
13 beds under this section, the Director shall ensure co-
14 ordination with other test beds supported by the
15 Foundation or other Federal agencies to avoid dupli-
16 cation and maximize the use of Federal resources.
17 (b) PROPOSALS.—An applicant for an award under
18 this section shall submit a proposal to the Director, at such
19 time, in such manner, and containing such information as
20 the Director may reasonably require. The proposal shall,
21 at a minimum, describe—
22 (1)(A) the technology or technologies that will be
23 the focus of the test bed; and
24 (B) the goals of the work to be done at the test
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1 (2) how the applicant will assemble a workforce
2 with the skills needed to operate the test bed;
3 (3) how the applicant will ensure broad access to
4 the test bed;
5 (4) how the applicant will collaborate with firms
6 in the key technology focus areas, including through
7 coordinated research and development and funding, to
8 ensure that work in the test bed will contribute to the
9 commercial viability of any technologies and will in-
10 clude collaboration from industry and labor organiza-
11 tions;
12 (5) how the applicant will encourage the partici-
13 pation of inventors and entrepreneurs and the devel-
14 opment of new businesses;
15 (6) how the applicant will increase participation
16 by populations that are underrepresented in STEM;
17 (7) how the applicant will demonstrate that the
18 commercial viability of any new technologies will
19 support the creation of high-quality domestic jobs;
20 (8) how the test bed will operate after Federal
21 funding has ended;
22 (9) how the test bed will disseminate lessons and
23 other technical information to United States entities
24 or allied or partner country entities in the United
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1 (10) how the applicant plans to take measures to
2 prevent the inappropriate use of research results,
3 data, and intellectual property, as applicable and
4 consistent with the requirements of the award.
5 (c) AUTHORIZED USE OF FUNDS.—A recipient of an
6 award under this section may, in order to achieve the pur-
7 poses described in subsection (a), use the award for the pur-
8 chase of equipment and for the support of students, faculty
9 and staff, and postdoctoral researchers.
10 (d) PRIORITY.—In selecting award recipients under
11 this section, the Director shall give priority to applicants
12 with proposals that maximize the geographic diversity of
13 test beds.
14 (e) INTERAGENCY ANNUAL MEETINGS.—The Director,
15 the Secretary of Commerce, and the heads of other Federal
16 departments and agencies, or their designees, with test bed
17 related equities shall hold an annual meeting to coordinate
18 their respective test bed related investments, future plans,
19 and other appropriate matters, to avoid conflicts and dupli-
20 cation of efforts. Upon request by Congress, Congress shall
21 be briefed on the results of the meetings.
22 SEC. 109. ACADEMIC TECHNOLOGY TRANSFER.
23 (a) IN GENERAL.—From amounts made available to
24 the Directorate, the Director, in coordination with the Di-
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1 nology and other Federal agencies as determined appro-
2 priate by the Director, shall make awards, on a competitive
3 basis, to eligible entities to advance the development and
4 commercialization of technologies, particularly those in the
5 key technology focus areas.
6 (b) ELIGIBLE ENTITIES.—To be eligible to receive an
7 award under this section, an entity shall be—
8 (1) an institution of higher education, which
9 may be a community college;
10 (2) a nonprofit entity that is either affiliated
11 with an institution of higher education or designed to
12 support technology development or entrepreneurship;
13 or
14 (3) a consortium that includes—
15 (A) an entity described in paragraph (1) or
16 (2) as the lead award recipient; and
17 (B) one or more additional individuals or
18 entities, which shall be—
19 (i) an economic development organiza-
20 tion or similar entity that is focused pri-
21 marily on improving science, technology,
22 innovation, or entrepreneurship;
23 (ii) an industry organization or firm
24 in a relevant technology or innovation sec-
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1 (iii) an industry-experienced executive
2 with entrepreneurship experience that is fo-
3 cused primarily on de-risking technologies
4 from both a scientific and a business per-
5 spective; or
6 (iv) an individual or entity with
7 industry- and startup- experienced business
8 expertise, including a mentor network,
9 across relevant technology or innovation sec-
10 tors.
11 (c) PROPOSALS.—An eligible entity desiring an award
12 under this section shall submit a proposal to the Director
13 at such time, in such manner, and containing such infor-
14 mation as the Director may require. The proposal shall in-
15 clude, at a minimum, a description of—
16 (1) the steps the applicant will take to enable
17 technology transfer and to reduce the risks for com-
18 mercialization for new technologies and why such
19 steps are likely to be effective;
20 (2) how the applicant will encourage the train-
21 ing and participation of students and potential entre-
22 preneurs and the transition of research results to
23 practice, including the development of new businesses;
24 (3) as relevant, potential steps to drive economic
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1 industry, venture capital entities, nonprofit entities,
2 and State and local governments within that region;
3 and
4 (4) background information that the Director de-
5 termines is relevant to demonstrate the success of the
6 innovation and entrepreneurship support models pro-
7 posed by the applicant to commercialize technologies.
8 (d) ACADEMIC TECHNOLOGY TRANSFER ENHANCE-
9 MENT PROGRAM.—
10 (1) IN GENERAL.—The Director, in coordination
11 with the Director of the National Institute of Stand-
12 ards and Technology, shall make awards, on a com-
13 petitive basis, to support eligible entities in building
14 sustainable technology transfer capacity.
15 (2) USE OF FUNDS.—An eligible entity that re-
16 ceives an award under this subsection shall use award
17 funds to carry out one or more of the following:
18 (A) Identifying academic research with the
19 potential for technology transfer and commer-
20 cialization, particularly as relevant to the key
21 technology focus areas.
22 (B) Providing training and support to sci-
23 entists, engineers, and inventors on technology
24 transfer, commercialization, and research protec-
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1 (C) Offsetting the costs of patenting and li-
2 censing research products, both domestically and
3 internationally.
4 (D) Revising institution policies, including
5 policies related to intellectual property and fac-
6 ulty entrepreneurship, and taking other nec-
7 essary steps to implement relevant best practices
8 for academic technology transfer.
9 (E) Ensuring the availability of staff, in-
10 cluding technology transfer professionals, entre-
11 preneurs in residence, and other mentors as re-
12 quired to accomplish the purpose of this sub-
13 section.
14 (F) Identifying and facilitating relation-
15 ships among local and national business leaders,
16 including investors, and potential entrepreneurs
17 to encourage successful commercialization.
18 (G) Creating and funding competitions to
19 allow entrepreneurial ideas to illustrate their
20 commercialization potential, including through
21 venture funds of institutions of higher education.
22 (H) Creating or supporting entities that
23 could enable researchers to further develop new
24 technology, through capital investment, advice,
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1 (I) Building technology transfer capacity at
2 institutions of higher education.
3 (3) LIMITATIONS ON FUNDING.—In awarding
4 funding under this subsection, the Director shall—
5 (A) award not more than $1,000,000 per
6 fiscal year to an eligible entity;
7 (B) in determining the duration of funding,
8 endeavor to ensure the creation of sustainable
9 technology transfer practices at the eligible enti-
10 ty; and
11 (C) ensure that grants under this subsection
12 shall not support the development or operation of
13 capital investment funds.
14 (e) COLLABORATIVE INNOVATION RESOURCE CENTER
15 PROGRAM.—
16 (1) IN GENERAL.—The Director shall make
17 awards under this subsection to eligible entities to es-
18 tablish collaborative innovation resource centers that
19 promote regional technology transfer and technology
20 development activities available to more than one in-
21 stitution of higher education and to other entities in
22 a region.
23 (2) COLLABORATION PRIORITY.—In making
24 awards under this subsection, the Director shall give
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1 scribed in subsection (b)(3) and that have a cost
2 share, which may include an in-kind cost share, from
3 members of a consortium, at levels as required by the
4 Director.
5 (3) USE OF FUNDS.—An eligible entity that re-
6 ceives an award under this subsection shall use award
7 funds to carry out one or more of the following activi-
8 ties, to the benefit of the region in which the center
9 is located:
10 (A) Providing start-ups and small business
11 concerns (as defined in section 3 of the Small
12 Business Act (15 U.S.C. 632)) within the region
13 with access to facilities, scientific infrastructure,
14 personnel, and other assets as required for tech-
15 nology maturation.
16 (B) Supporting entrepreneurial training for
17 start-up and small business personnel.
18 (C) Providing engineering and entrepre-
19 neurial experiences and hands-on training for
20 students enrolled in participating institutions of
21 higher education.
22 (f) REPORTING ON COMMERCIALIZATION BASED ON
23 METRICS.—The Director shall establish—
24 (1) metrics related to commercialization for an
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1 (2) a reporting schedule for recipients of such
2 awards that takes into account both short- and long-
3 term goals of the programs under this section.
4 (g) GEOGRAPHIC DIVERSITY.—The Director shall en-
5 sure regional and geographic diversity in issuing awards
6 under this section.
7 (h) SUPPLEMENT NOT SUPPLANT.—The Director shall
8 ensure that funds made available under this section shall
9 be used to create additional support for technology transfer
10 activities at eligible entities. For the duration of the
11 awards, recipients shall be required to maintain funding
12 for such activities at similar levels as the funding for those
13 activities for the 2 fiscal years preceding the award.
14 SEC. 110. CAPACITY-BUILDING PROGRAM FOR DEVELOPING
15 UNIVERSITIES.
16 (a) IN GENERAL.—The Director shall establish a pro-
17 gram in the Directorate to make awards, on a competitive
18 basis, to eligible institutions described in subsection (b) to
19 support the mission of the Directorate and to build institu-
20 tional research capacity at eligible institutions.
21 (b) ELIGIBLE INSTITUTION.—
22 (1) IN GENERAL.—To be eligible to receive an
23 award under this section, an institution—
24 (A) shall be—
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1 (i) a historically Black college or uni-
2 versity;
3 (ii) a minority-serving institution; or
4 (iii) an institution of higher education
5 with an established STEM capacity build-
6 ing program focused on traditionally under-
7 represented populations in STEM, includ-
8 ing Native Hawaiians, Alaska Natives, and
9 other Indians; and
10 (B) shall have not more than $50,000,000
11 in annual federally-financed research and devel-
12 opment expenditures for science and engineering
13 as reported through the National Science Foun-
14 dation Higher Education Research and Develop-
15 ment Survey.
16 (2) PARTNERSHIPS.—An eligible institution re-
17 ceiving a grant under this section may carry out the
18 activities of the grant through a partnership with
19 other entities, including other eligible institutions.
20 (c) PROPOSALS.—To receive an award under this sec-
21 tion, an eligible institution shall submit an application to
22 the Director at such time, in such manner, and containing
23 such information as the Director may require, including
24 a plan that describes how the eligible institution will estab-
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1 lish or expand research office capacity and how such award
2 would be used to—
3 (1) conduct an assessment of capacity-building
4 and research infrastructure needs of an eligible insti-
5 tution;
6 (2) enhance institutional resources to provide ad-
7 ministrative research development support to faculty
8 at an eligible institution;
9 (3) bolster the institutional research competitive-
10 ness of an eligible institution to support grants
11 awarded by the Directorate;
12 (4) support the acquisition of instrumentation
13 necessary to build research capacity at an eligible in-
14 stitution in research areas directly associated with the
15 Directorate;
16 (5) increase capability of an eligible institution
17 to move technology into the marketplace;
18 (6) increase engagement with industry to execute
19 research through the SBIR and STTR programs (as
20 defined in section 9(e) of the Small Business Act (15
21 U.S.C. 638(e)) and direct contracts at an eligible in-
22 stitution;
23 (7) provide student engagement and research
24 training opportunities at the undergraduate, grad-
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1 (8) further faculty development initiatives and
2 strengthen institutional research training infrastruc-
3 ture, capacity, and competitiveness of an eligible in-
4 stitution; or
5 (9) address plans and prospects for long-term
6 sustainability of institutional enhancements at an eli-
7 gible institution resulting from the award including,
8 if applicable, how the award may be leveraged by an
9 eligible institution to build a broader base of support.
10 (d) AWARDS.—Awards made under this section shall
11 be for periods of 3 years, and may be extended for periods
12 of not more than 5 years.
13 (e) FUNDING.—From the amounts made available to
14 carry out section 104 under section 116 for each of fiscal
15 years 2022 through 2026, the Director shall use
16 $150,000,000 for each such fiscal year to carry out this sec-
17 tion.
18 SEC. 111. TECHNICAL ASSISTANCE.
19 The Director may—
20 (1) coordinate with other Federal agencies to es-
21 tablish interagency and multidisciplinary teams to
22 provide technical assistance to recipients of, and pro-
23 spective applicants for, awards under this title;
24 (2) by Federal interagency agreement and not-
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1 funds available to carry out this title to the head of
2 another Federal agency to facilitate and support the
3 provision of such technical assistance; and
4 (3) enter into contracts with third parties to pro-
5 vide such technical assistance.
6 SEC. 112. COORDINATION OF ACTIVITIES.
7 (a) IN GENERAL.—In carrying out the activities of the
8 Directorate, the Director and the heads of other Federal re-
9 search agencies, as appropriate, shall work cooperatively to
10 further the goals of this title in the key technology focus
11 areas.
12 (b) COORDINATION WITH NIST AND DEPARTMENT OF
13 ENERGY.—The Director shall, as appropriate, work in co-
14 ordination with the Director of the National Institute of
15 Standards and Technology and the Secretary of Energy.
16 (c) AVOID DUPLICATION.—The Director shall ensure,
17 to the greatest extent appropriate, that activities carried out
18 by the Directorate are not duplicative of activities sup-
19 ported by other parts of the Foundation or other relevant
20 Federal agencies. In carrying out the activities prescribed
21 by this Act, the Director and heads of other Federal research
22 agencies shall cooperate to avoid duplication of effort and
23 to ensure the responsible stewardship of funds.
24 (d) COMPTROLLER GENERAL REPORT.—Not later than
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1 troller General of the United States shall prepare and sub-
2 mit a report to Congress, and shall simultaneously submit
3 the report to the Director and the Director of the Office of
4 Science and Technology Policy, describing the interagency
5 cooperation that occurred during the preceding years pursu-
6 ant to this section, including a list of—
7 (1) any funds provided from the Directorate to
8 other directorates and offices of the Foundation; and
9 (2) any instances in which unnecessary duplica-
10 tion of effort may have occurred.
11 SEC. 113. REPORTING REQUIREMENTS.
12 (a) REPORTS.—Not later than 1 year after the date
13 of enactment of this Act and annually thereafter, the Direc-
14 tor, in coordination with the heads of relevant Federal agen-
15 cies, shall prepare and submit to Congress—
16 (1) a strategic vision and spending plan for the
17 next 5 years for the Directorate, including a descrip-
18 tion of how the Foundation will increase funding for
19 research and education for populations underrep-
20 resented in STEM and geographic areas;
21 (2) in coordination with the Secretary of State,
22 a description of any funds the Foundation may plan
23 to receive from—
24 (A) entities other than institutions of higher
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1 (B) certain designated countries; and
2 (3) a description of the planned activities of the
3 Directorate to secure federally funded science and
4 technology pursuant to section 1746 of the National
5 Defense Authorization Act for Fiscal Year 2020 (Pub-
6 lic Law 116–92; 42 U.S.C. 6601 note) and section
7 223 of William M. (Mac) Thornberry National De-
8 fense Authorization Act for Fiscal Year 2021 (Public
9 Law 116–283) and the requirements under title III.
10 (b) ANNUAL BRIEFING.—Each year, the Director shall
11 formally request a briefing from the Secretary of Defense,
12 the Secretary of Commerce, the Director of the Federal Bu-
13 reau of Investigation, the Director of National Intelligence,
14 and as appropriate the heads of other Federal agencies re-
15 garding their efforts to preserve the United States’ advan-
16 tages generated by the activity of the Directorate.
17 (c) PROVIDING AUTHORITY TO DISSEMINATE INFOR-
18 MATION.—Section 11 of the National Science Foundation
19 Act of 1950 (42 U.S.C. 1870) is amended—
20 (1) in subsection (j), by striking ‘‘and’’ after the
21 semicolon;
22 (2) in subsection (k), by striking the period at
23 the end and inserting ‘‘; and’’; and
24 (3) by adding at the end the following:
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1 ‘‘(l) to provide for the widest practicable and ap-
2 propriate dissemination of information within the
3 United States concerning the Foundation’s activities
4 and the results of those activities.’’.
5 SEC. 114. HANDS-ON LEARNING PROGRAM.
6 (a) FINDINGS.—Congress finds the following:
7 (1) Developing a robust, talented, and home-
8 grown workforce, particularly in the fields of STEM,
9 is critical to the success of the United States innova-
10 tion economy.
11 (2) The United States educational system is not
12 producing a sufficient number of workers with the
13 necessary STEM expertise to meet the needs of the
14 United States industry in STEM fields.
15 (3) Hands-on and experiential learning opportu-
16 nities outside of the classroom are critical for student
17 success in STEM subjects and careers, stimulating
18 students’ interest, increasing confidence, and creating
19 motivation to pursue a related career.
20 (4) Hands-on and experiential learning opportu-
21 nities can be particularly successful in inspiring in-
22 terest in students who traditionally have been under-
23 represented in STEM fields, including girls, students
24 of color, and students from disadvantaged back-
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1 (5) An expansion of hands-on and experiential
2 learning programs across the United States would ex-
3 pand the STEM workforce pipeline, developing and
4 training students for careers in STEM fields.
5 (b) DEFINITIONS.—
6 (1) ESEA TERMS.—The terms ‘‘elementary
7 school’’, ‘‘high school’’, ‘‘secondary school’’, and
8 ‘‘State’’ have the meanings given the terms in section
9 8101 of the Elementary and Secondary Education
10 Act of 1965 (20 U.S.C. 7801).
11 (2) ELIGIBLE NONPROFIT PROGRAM.—The term
12 ‘‘eligible nonprofit program’’—
13 (A) means a nonprofit program serving pre-
14 kindergarten, elementary school, or secondary
15 school students; and
16 (B) includes a program described in sub-
17 paragraph (A) that covers the continuum of edu-
18 cation from prekindergarten through high school
19 and is available in every State.
20 (c) PURPOSES.—The purposes of this section are to—
21 (1) provide effective, compelling, and engaging
22 means for teaching and reinforcing fundamental
23 STEM concepts and inspiring the youth of the United
24 States to pursue careers in STEM-related fields;
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1 (2) expand the STEM workforce pipeline by de-
2 veloping and training students for careers in United
3 States STEM fields; and
4 (3) broaden participation in the STEM work-
5 force by underrepresented population groups.
6 (d) PROGRAM AUTHORIZED.—
7 (1) IN GENERAL.—Subject to the availability of
8 appropriations for such purposes, the Director shall—
9 (A) provide grants to eligible nonprofit pro-
10 grams for supporting hands-on learning oppor-
11 tunities in STEM education, including via after-
12 school activities and innovative learning oppor-
13 tunities such as robotics competitions; and
14 (B) evaluate the impact of such hands-on
15 learning opportunities on STEM learning and
16 disseminate the results of that evaluation.
17 (2) PRIORITY.—In awarding grants under the
18 program, the Director shall give priority to eligible
19 nonprofit programs serving students that attend ele-
20 mentary, secondary, or high schools that—
21 (A) are implementing comprehensive sup-
22 port and improvement activities or targeted sup-
23 port and improvement activities under para-
24 graph (1) or (2) of section 1111(d) of the Ele-
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1 mentary and Secondary Education Act of 1965
2 (20 U.S.C. 6311(d)); or
3 (B) serve high percentages of students who
4 are eligible for a free or reduced price lunch
5 under the Richard B. Russell National School
6 Lunch Act (42 U.S.C. 1751 et seq.) (which, in
7 the case of a high school, may be calculated using
8 comparable data from the schools that feed into
9 the high school).
10 (e) AUTHORIZATION OF APPROPRIATIONS.—From the
11 amounts made available to carry out section 106 under sec-
12 tion 116 for each of fiscal years 2022 through 2026, the
13 Director shall use $25,000,000 for each such fiscal year to
14 carry out this section.
15 SEC. 115. INTELLECTUAL PROPERTY PROTECTION.
16 Consistent with the requirements for the award, all in-
17 tellectual property that is developed through the Founda-
18 tion, or any program that has received funding through this
19 Act (or an amendment made by this Act), shall not be
20 transferred to—
21 (1) any foreign entity of concern, as defined in
22 section 307(a);
23 (2) any United States subsidiary, division, or
24 chapter of such a foreign entity of concern; or
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1 (3) any for-profit, or nonprofit, partnership that
2 includes such a foreign entity of concern in the part-
3 nership.
4 SEC. 116. AUTHORIZATION OF APPROPRIATIONS FOR THE
5 FOUNDATION.
6 (a) FISCAL YEAR 2022.—
7 (1) FOUNDATION.—There is authorized to be ap-
8 propriated to the Foundation $10,800,000,000 for fis-
9 cal year 2022.
10 (2) SPECIFIC NSF ALLOCATIONS.—Of the amount
11 authorized under paragraph (1)—
12 (A) $9,000,000,000 shall be made available
13 to carry out the activities of the Foundation out-
14 side of the Directorate, of which $800,000,000
15 shall be for STEM education and related activi-
16 ties, including workforce activities under section
17 202; and
18 (B) $1,800,000,000 shall be made available
19 to the Directorate, of which—
20 (i) $594,000,000 shall be for the inno-
21 vation centers under section 104;
22 (ii) $324,000,000 shall be for scholar-
23 ships, fellowships, and other activities under
24 section 106;
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1 (iii) $252,000,000 shall be for aca-
2 demic technology transfer under section 109;
3 (iv) $180,000,000 shall be for test beds
4 under section 108;
5 (v) $270,000,000 shall be for research
6 and development activities under section
7 107; and
8 (vi) an amount equal to 10 percent of
9 the total made available to the Directorate
10 under this subparagraph shall be trans-
11 ferred to the Foundation for collaboration
12 with directorates and offices of the Founda-
13 tion outside of the Directorate as described
14 under section 102(c)(7).
15 (b) FISCAL YEAR 2023.—
16 (1) FOUNDATION.—There is authorized to be ap-
17 propriated to the Foundation $12,800,000,000 for fis-
18 cal year 2023.
19 (2) SPECIFIC NSF ALLOCATIONS.—Of the amount
20 authorized under paragraph (1)—
21 (A) $9,600,000,000 shall be made available
22 to carry out the activities of the Foundation out-
23 side of the Directorate, of which $1,190,000,000
24 shall be for STEM education and related activi-
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1 ties, including workforce activities under section
2 202; and
3 (B) $3,200,000,000 shall be made available
4 to the Directorate, of which—
5 (i) $1,056,000,000 shall be for the in-
6 novation centers under section 104;
7 (ii) $576,000,000 shall be for scholar-
8 ships, fellowships, and other activities under
9 section 106;
10 (iii) $448,000,000 shall be for aca-
11 demic technology transfer under section 109;
12 (iv) $320,000,000 shall be for test beds
13 under section 108;
14 (v) $480,000,000 shall be for research
15 and development activities under section
16 107; and
17 (vi) an amount equal to 10 percent of
18 the total made available to the Directorate
19 under this subparagraph shall be trans-
20 ferred to the Foundation for collaboration
21 with directorates and offices of the Founda-
22 tion outside of the Directorate as described
23 under section 102(c)(7).
24 (c) FISCAL YEAR 2024.—
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1 (1) FOUNDATION.—There is authorized to be ap-
2 propriated to the Foundation $16,600,000,000 for fis-
3 cal year 2024.
4 (2) SPECIFIC NSF ALLOCATIONS.—Of the amount
5 authorized under paragraph (1)—
6 (A) $10,300,000,000 shall be made available
7 to carry out the activities of the Foundation out-
8 side of the Directorate, of which $1,600,000,000
9 shall be for STEM education and related activi-
10 ties, including workforce activities under section
11 202; and
12 (B) $6,300,000,000 shall be made available
13 to the Directorate, of which—
14 (i) $2,079,000,000 shall be for the in-
15 novation centers under section 104;
16 (ii) $1,134,000,000 shall be for scholar-
17 ships, fellowships, and other activities under
18 section 106;
19 (iii) $882,000,000 shall be for aca-
20 demic technology transfer under section 109;
21 (iv) $630,000,000 shall be for test beds
22 under section 108;
23 (v) $945,000,000 shall be for research
24 and development activities under section
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1 (vi) an amount equal to 10 percent of
2 the total made available to the Directorate
3 under this subparagraph shall be trans-
4 ferred to the Foundation for collaboration
5 with directorates and offices of the Founda-
6 tion outside of the Directorate as described
7 under section 102(c)(7).
8 (d) FISCAL YEAR 2025.—
9 (1) FOUNDATION.—There is authorized to be ap-
10 propriated to the Foundation $19,500,000,000 for fis-
11 cal year 2025.
12 (2) SPECIFIC NSF ALLOCATIONS.—Of the amount
13 authorized under paragraph (1)—
14 (A) $11,100,000,000 shall be made available
15 to carry out the activities of the Foundation out-
16 side of the Directorate, of which $2,100,000,000
17 shall be for STEM education and related activi-
18 ties, including workforce activities under section
19 202; and
20 (B) $8,400,000,000 shall be made available
21 to the Directorate, of which—
22 (i) $2,772,000,000 shall be for the in-
23 novation centers under section 104;
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1 (ii) $1,512,000,000 shall be for scholar-
2 ships, fellowships, and other activities under
3 section 106;
4 (iii) $1,176,000,000 shall be for aca-
5 demic technology transfer under section 109;
6 (iv) $840,000,000 shall be for test beds
7 under section 108;
8 (v) $1,260,000,000 shall be for research
9 and development activities under section
10 107; and
11 (vi) an amount equal to 10 percent of
12 the total made available to the Directorate
13 under this subparagraph shall be trans-
14 ferred to the Foundation for collaboration
15 with directorates and offices of the Founda-
16 tion outside of the Directorate as described
17 under section 102(c)(7).
18 (e) FISCAL YEAR 2026.—
19 (1) FOUNDATION.—There is authorized to be ap-
20 propriated to the Foundation $21,300,000,000 for fis-
21 cal year 2026.
22 (2) SPECIFIC NSF ALLOCATIONS.—Of the amount
23 authorized under paragraph (1)—
24 (A) $12,000,000,000 shall be made available
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1 side of the Directorate, of which $2,540,000,000
2 shall be for STEM education and related activi-
3 ties, including workforce activities under section
4 202; and
5 (B) $9,300,000,000 shall be made available
6 to the Directorate, of which—
7 (i) $3,069,000,000 shall be for the in-
8 novation centers under section 104;
9 (ii) $1,674,000,000 shall be for scholar-
10 ships, fellowships, and other activities under
11 section 106;
12 (iii) $1,302,000,000 shall be for aca-
13 demic technology transfer under section 109;
14 (iv) $930,000,000 shall be for test beds
15 under section 108;
16 (v) $1,395,000,000 shall be for research
17 and development activities under section
18 107; and
19 (vi) an amount equal to 10 percent of
20 the total made available to the Directorate
21 under this subparagraph shall be trans-
22 ferred to the Foundation for collaboration
23 with directorates and offices of the Founda-
24 tion outside of the Directorate as described
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1 (f) ALLOCATION AND LIMITATIONS.—
2 (1) ALLOCATION FOR THE OFFICE OF INSPECTOR
3 GENERAL.—From any amounts appropriated for the
4 Foundation for a fiscal year, the Director shall allo-
5 cate for necessary expenses of the Office of Inspector
6 General of the Foundation an amount of not less than
7 $33,000,000 in any fiscal year for oversight of the
8 programs and activities funded under this section in
9 accordance with the Inspector General Act of 1978 (5
10 U.S.C. App.).
11 (2) SUPPLEMENT AND NOT SUPPLANT.—The
12 amounts authorized to be appropriated under this sec-
13 tion shall supplement, and not supplant, any other
14 amounts previously appropriated to the Office of the
15 Inspector General of the Foundation.
16 (3) NO NEW AWARDS.—The Director shall not
17 make any new awards for the activities under the Di-
18 rectorate for any fiscal year in which the total
19 amount appropriated to the Foundation (not includ-
20 ing amounts appropriated for the Directorate) is less
21 than the total amount appropriated to the Founda-
22 tion (not including such amounts), adjusted by the
23 rate of inflation, for the previous fiscal year.
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1 (4) NO FUNDS FOR CONSTRUCTION.—No funds
2 provided to the Directorate under this section shall be
3 used for construction.
4 SEC. 117. AUTHORIZATION OF APPROPRIATIONS FOR THE
5 DEPARTMENT OF ENERGY.
6 (a) AUTHORIZATION OF APPROPRIATIONS.—
7 (1) FISCAL YEAR 2022.—There is authorized to be
8 appropriated to the Department of Energy
9 $1,000,000,000 for fiscal year 2022 to carry out re-
10 search and development in the key technology focus
11 areas.
12 (2) FISCAL YEAR 2023.—There is authorized to be
13 appropriated to the Department of Energy
14 $1,800,000,000 for fiscal year 2023 to carry out re-
15 search and development in the key technology focus
16 areas.
17 (3) FISCAL YEAR 2024.—There is authorized to be
18 appropriated to the Department of Energy
19 $3,700,000,000 for fiscal year 2024 to carry out re-
20 search and development in the key technology focus
21 areas.
22 (4) FISCAL YEAR 2025.—There is authorized to be
23 appropriated to the Department of Energy
24 $4,900,000,000 for fiscal year 2025 to carry out re-
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1 search and development in the key technology focus
2 areas.
3 (5) FISCAL YEAR 2026.—There is authorized to be
4 appropriated to the Department of Energy
5 $5,500,000,000 for fiscal year 2026 to carry out re-
6 search and development in the key technology focus
7 areas.
8 (b) SUPPLEMENT AND NOT SUPPLANT.—The amounts
9 authorized to be appropriated under this section shall sup-
10 plement, and not supplant, any other amounts previously
11 authorized to be appropriated to the Department of Energy.
12 (c) NO FUNDS FOR CONSTRUCTION.—No funds pro-
13 vided to the Department of Energy under this section shall
14 be used for construction.
15 TITLE II—NSF RESEARCH, STEM,
16 AND GEOGRAPHIC DIVERSITY
17 INITIATIVES
18 SEC. 201. CHIEF DIVERSITY OFFICER OF THE NSF.
19 (a) CHIEF DIVERSITY OFFICER.—
20 (1) APPOINTMENT.—The President shall appoint,
21 by and with the consent of the Senate, a Chief Diver-
22 sity Officer of the Foundation.
23 (2) QUALIFICATIONS.—The Chief Diversity Offi-
24 cer shall have significant experience, within the Fed-
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1 eral Government and the science community, with
2 diversity- and inclusion-related matters, including—
3 (A) civil rights compliance;
4 (B) harassment policy, reviews, and inves-
5 tigations;
6 (C) equal employment opportunity; and
7 (D) disability policy.
8 (3) OVERSIGHT.—The Chief Diversity Officer
9 shall direct the Office of Diversity and Inclusion of
10 the Foundation and report directly to the Director in
11 the performance of the duties of the Chief Diversity
12 Officer under this section.
13 (b) DUTIES.—The Chief Diversity Officer is respon-
14 sible for providing advice on policy, oversight, guidance,
15 and coordination with respect to matters of the Foundation
16 related to diversity and inclusion, including ensuring the
17 geographic diversity of the Foundation programs. Other du-
18 ties may include—
19 (1) establishing and maintaining a strategic
20 plan that publicly states a diversity definition, vi-
21 sion, and goals for the Foundation;
22 (2) defining a set of strategic metrics that are—
23 (A) directly linked to key organizational
24 priorities and goals;
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1 (C) actively used to implement the strategic
2 plan under paragraph (1);
3 (3) advising in the establishment of a strategic
4 plan for diverse participation by individuals and in-
5 stitutions of higher education, including community
6 colleges, historically Black colleges and universities,
7 Tribal colleges or universities, minority-serving insti-
8 tutions, institutions of higher education with an es-
9 tablished STEM capacity building program focused
10 on traditionally underrepresented populations in
11 STEM, including Native Hawaiians, Alaska Natives,
12 and other Indians, and institutions from jurisdictions
13 eligible to participate under section 113 of the Na-
14 tional Science Foundation Authorization Act of 1988
15 (42 U.S.C. 1862g);
16 (4) advising in the establishment of a strategic
17 plan for outreach to, and recruiting from, untapped
18 locations and underrepresented populations;
19 (5) advising on the application of the Founda-
20 tion’s broader impacts review criterion; and
21 (6) performing such additional duties and exer-
22 cise such powers as the Director may prescribe.
23 (c) FUNDING.—From any amounts appropriated for
24 the Foundation for each of fiscal years 2022 through 2026,
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1 the Director shall allocate $5,000,000 to carry out this sec-
2 tion for each such year.
3 SEC. 202. PROGRAMS TO ADDRESS THE STEM WORKFORCE.
4 (a) IN GENERAL.—The Director shall issue under-
5 graduate scholarships, including at community colleges,
6 graduate fellowships and traineeships, postdoctoral awards,
7 and, as appropriate, other awards.
8 (b) IMPLEMENTATION.—The Director may carry out
9 subsection (a) by making awards—
10 (1) directly to students; or
11 (2) to institutions of higher education or con-
12 sortia of institutions of higher education, including
13 those institutions or consortia involved in operating
14 university technology centers established under section
15 104(a).
16 (c) BROADENING PARTICIPATION.—In carrying out
17 this section, the Director shall take steps to increase the par-
18 ticipation of populations that are underrepresented in
19 STEM, which may include—
20 (1) establishing or augmenting programs tar-
21 geted at populations that are underrepresented in
22 STEM;
23 (2) supporting traineeships or other relevant
24 programs at minority-serving institutions (or institu-
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1 capacity building program focused on traditionally
2 underrepresented populations in STEM, including
3 Native Hawaiians, Alaska Natives, and other Indi-
4 ans);
5 (3) addressing current and expected gaps in the
6 availability and skills of the STEM workforce, or ad-
7 dressing the needs of the STEM workforce, including
8 by prioritizing awards to United States citizens, per-
9 manent residents, and individuals that will grow the
10 domestic workforce;
11 (4) addressing geographic diversity in the STEM
12 workforce; and
13 (5) awarding grants to institutions of higher
14 education to address STEM workforce gaps, including
15 for programs that recruit, retain, and progress stu-
16 dents to a bachelor’s degree in a STEM discipline
17 concurrent with a secondary school diploma, such as
18 through existing and new partnerships with State
19 educational agencies.
20 (d) INNOVATION.—
21 (1) GRADUATE EDUCATION.—In carrying out
22 this section, the Director shall encourage innovation
23 in graduate education, and studying the impacts of
24 such innovations, including through encouraging in-
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1 dents opportunities to gain experience in industry or
2 government as part of their graduate training, and
3 through support for students in professional masters
4 programs related to the key technology focus areas.
5 (2) POSTDOCTORAL PROFESSIONAL DEVELOP-
6 MENT.—In carrying out this section, the Director
7 shall encourage innovation in postdoctoral profes-
8 sional development, support the development and di-
9 versity of the STEM workforce, and study the impacts
10 of such innovation and support. To do so, the Direc-
11 tor may use postdoctoral awards established under
12 subsection (a) or leveraged under subsection (e)(1) for
13 fellowships or other temporary rotational postings of
14 not more than 2 years. Such fellowships or temporary
15 rotational postings shall be awarded—
16 (A) to qualified individuals who have a doc-
17 toral degree and received such degree not earlier
18 than 5 years before the date that the fellowship
19 or temporary rotational posting begins; and
20 (B) to carry out research in the key tech-
21 nology focus areas at Federal, State, local, and
22 Tribal government research facilities.
23 (3) DIRECT HIRE AUTHORITY.—
24 (A) IN GENERAL.—During fiscal year 2021
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1 Federal agency may appoint, without regard to
2 the provisions of subchapter I of chapter 33 of
3 title 5, United States Code, other than sections
4 3303 and 3328 of that title, a qualified can-
5 didate described in subparagraph (B) directly to
6 a position in the competitive service with the
7 Federal agency for which the candidate meets Of-
8 fice of Personnel Management qualification
9 standards.
10 (B) FELLOWSHIP OR TEMPORARY ROTA-
11 TIONAL POSTING.—Subparagraph (A) applies
12 with respect to a former recipient of an award
13 under this subsection who—
14 (i) earned a doctoral degree in a
15 STEM field from an institution of higher
16 education; and
17 (ii) successfully fulfilled the require-
18 ments of the fellowship or temporary rota-
19 tional posting within a Federal agency.
20 (C) LIMITATION.—The direct hire authority
21 under this paragraph shall be exercised with re-
22 spect to a specific qualified candidate not later
23 than 2 years after the date that the candidate
24 completed the requirements related to the fellow-
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1 ship or temporary rotational posting described
2 under this subsection.
3 (e) EXISTING PROGRAMS.—In carrying out this sec-
4 tion, the Director may leverage existing programs, includ-
5 ing programs that issue—
6 (1) postdoctoral awards;
7 (2) graduate fellowships and traineeships, inclu-
8 sive of the NSF Research Traineeships and fellow-
9 ships awarded under the Graduate Research Fellow-
10 ship Program; and
11 (3) scholarships, research experiences, and in-
12 ternships, including—
13 (A) scholarships to attend community col-
14 leges; and
15 (B) research experiences and internships
16 under sections 513, 514, and 515 of the America
17 COMPETES Reauthorization Act of 2010 (42
18 U.S.C. 1862p-5; 1862p-6; 42 U.S.C. 1862p–7);
19 and
20 (4) awards to institutions of higher education to
21 enable the institutions to fund innovation in under-
22 graduate and graduate education, increased edu-
23 cational capacity, and the development and establish-
24 ment of new or specialized programs of study for
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1 and the evaluation of the effectiveness of the programs
2 of study.
3 (f) SET ASIDE.—The Director shall ensure that not less
4 than 20 percent of the funds available to carry out this sec-
5 tion shall be used to support institutions of higher edu-
6 cation, and other institutions, located in jurisdictions that
7 participate in the program under section 113 of the Na-
8 tional Science Foundation Authorization Act of 1988 (42
9 U.S.C. 1862g).
10 SEC. 203. EMERGING RESEARCH INSTITUTION PILOT PRO-
11 GRAM.
12 (a) IN GENERAL.—The Director shall establish a 5-
13 year pilot program for awarding grants to eligible partner-
14 ships, led by 1 or more emerging research institutions, to
15 build research and education capacity at emerging research
16 institutions to enable such institutions to contribute to pro-
17 grams run by the Directorate.
18 (b) APPLICATIONS.—An eligible partnership seeking a
19 grant under this section shall submit an application to the
20 Director at such time, in such manner, and containing such
21 information as the Director may reasonably require, in-
22 cluding a statement of how the partnership will use the
23 funds awarded through the grant to achieve a lasting, sus-
24 tainable increase in the research and education capacity
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1 of each emerging research institution included in the eligi-
2 ble partnership.
3 (c) ACTIVITIES.—An eligible partnership receiving a
4 grant under this section may use the funds awarded through
5 such grant for increasing research, education, and innova-
6 tion capacity, including for—
7 (1) faculty training and resources, including
8 joint resources;
9 (2) research experiences for undergraduate and
10 graduate students; and
11 (3) maintenance and repair of research equip-
12 ment and instrumentation.
13 (d) DEFINITION OF ELIGIBLE PARTNERSHIP.—In this
14 section, the term ‘‘eligible partnership’’ means a partner-
15 ship of—
16 (1) at least 1 emerging research institution; and
17 (2) at least 1 institution that, on average for the
18 3 years prior to an application for an award under
19 this section, received more than $100,000,000 in Fed-
20 eral research funding.
21 SEC. 204. PERSONNEL MANAGEMENT AUTHORITIES FOR
22 THE FOUNDATION.
23 (a) EXPERTS IN SCIENCE AND ENGINEERING.—
24 (1) PROGRAM AUTHORIZED.—The Foundation
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1 authority provided under paragraph (2) in order to
2 facilitate recruitment of eminent experts in science or
3 engineering for research and development projects and
4 to enhance the administration and management of the
5 Foundation.
6 (2) PERSONNEL MANAGEMENT AUTHORITY.—
7 Under the program under paragraph (1), the Foun-
8 dation may—
9 (A) without regard to any provision of title
10 5, United States Code, governing the appoint-
11 ment of employees in the civil service, appoint
12 individuals to a total of not more than 140 posi-
13 tions in the Foundation, of which not more than
14 5 such positions may be positions of administra-
15 tion or management of the Foundation;
16 (B) notwithstanding any provision of title
17 5, United States Code, governing the rates of pay
18 or classification of employees in the executive
19 branch, prescribe the rates of basic pay for posi-
20 tions to which employees are appointed under
21 subparagraph (A)—
22 (i) in the case of employees appointed
23 pursuant to subparagraph (A) to any of 5
24 positions designated by the Foundation for
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1 cess of a rate equal to 150 percent of the
2 maximum rate of basic pay authorized for
3 positions at level I of the Executive Sched-
4 ule under section 5312 of title 5, United
5 States Code; and
6 (ii) in the case of any other employee
7 appointed pursuant to subparagraph (A),
8 at rates not in excess of the maximum rate
9 of basic pay authorized for senior-level posi-
10 tions under section 5376 of title 5, United
11 States Code; and
12 (C) pay any employee appointed under sub-
13 paragraph (A), other than an employee ap-
14 pointed to a position designated as described in
15 subparagraph (B)(i), payments in addition to
16 basic pay within the limit applicable to the em-
17 ployee under paragraph (4).
18 (3) LIMITATION ON TERM OF APPOINTMENT.—
19 (A) IN GENERAL.—Except as provided in
20 subparagraph (B), the service of an employee
21 under an appointment under paragraph (2)(A)
22 may not exceed 4 years.
23 (B) EXTENSION.—The Director may, in the
24 case of a particular employee under the program
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1 service is limited under subparagraph (A) by up
2 to 2 years if the Director determines that such
3 action is necessary to promote the efficiency of
4 the Foundation, as applicable.
5 (4) MAXIMUM AMOUNT OF ADDITIONAL PAY-
6 MENTS PAYABLE.—Notwithstanding any other provi-
7 sion of this subsection or section 5307 of title 5,
8 United States Code, no additional payments may be
9 paid to an employee under paragraph (2)(C) in any
10 calendar year if, or to the extent that, the employee’s
11 total annual compensation in such calendar year will
12 exceed the maximum amount of total annual com-
13 pensation payable at the salary set in accordance
14 with section 104 of title 3, United States Code.
15 (b) HIGHLY QUALIFIED EXPERTS IN NEEDED OCCU-
16 PATIONS.—
17 (1) IN GENERAL.—The Foundation may carry
18 out a program using the authority provided in para-
19 graph (2) in order to attract highly qualified experts
20 in needed occupations, as determined by the Founda-
21 tion. Individuals hired by the Director through such
22 authority may include individuals with expertise in
23 business creativity, innovation management, design
24 thinking, entrepreneurship, venture capital, and re-
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1 (2) AUTHORITY.—Under the program, the Foun-
2 dation may—
3 (A) appoint personnel from outside the civil
4 service and uniformed services (as such terms are
5 defined in section 2101 of title 5, United States
6 Code) to positions in the Foundation without re-
7 gard to any provision of title 5, United States
8 Code, governing the appointment of employees to
9 positions in the Foundation;
10 (B) prescribe the rates of basic pay for posi-
11 tions to which employees are appointed under
12 subparagraph (A) at rates not in excess of the
13 maximum rate of basic pay authorized for sen-
14 ior-level positions under section 5376 of title 5,
15 United States Code, as increased by locality-
16 based comparability payments under section
17 5304 of such title, notwithstanding any provi-
18 sion of such title governing the rates of pay or
19 classification of employees in the executive
20 branch; and
21 (C) pay any employee appointed under sub-
22 paragraph (A) payments in addition to basic
23 pay within the limits applicable to the employee
24 under paragraph (4).
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1 (A) IN GENERAL.—Except as provided in
2 subparagraph (B), the service of an employee
3 under an appointment made pursuant to this
4 subsection may not exceed 5 years.
5 (B) EXTENSION.—The Foundation may, in
6 the case of a particular employee, extend the pe-
7 riod to which service is limited under subpara-
8 graph (A) by up to 1 additional year if the
9 Foundation determines that such action is nec-
10 essary to promote the Foundation’s national se-
11 curity missions.
12 (4) LIMITATIONS ON ADDITIONAL PAYMENTS.—
13 (A) TOTAL AMOUNT.—
14 (i) IN GENERAL.—The total amount of
15 the additional payments paid to an em-
16 ployee under this subsection for any 12-
17 month period may not exceed the lesser of
18 the following amounts:
19 (I) $50,000 in fiscal year 2021,
20 which may be adjusted annually there-
21 after by the Foundation, with a per-
22 centage increase equal to one-half of 1
23 percentage point less than the percent-
24 age by which the Employment Cost
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1 reau of Labor Statistics, for the base
2 quarter of the year before the preceding
3 calendar year exceeds the Employment
4 Cost Index for the base quarter of the
5 second year before the preceding cal-
6 endar year.
7 (II) The amount equal to 50 per-
8 cent of the employee’s annual rate of
9 basic pay.
10 (ii) DEFINITION OF BASE QUARTER.—
11 For purposes of this subparagraph, the term
12 ‘‘base quarter’’ has the meaning given such
13 term by section 5302(3) of title 5, United
14 States Code.
15 (B) ELIGIBILITY FOR PAYMENTS.—An em-
16 ployee appointed under this subsection is not eli-
17 gible for any bonus, monetary award, or other
18 monetary incentive for service, except for pay-
19 ments authorized under this subsection.
20 (C) ADDITIONAL LIMITATION.—Notwith-
21 standing any other provision of this paragraph
22 or of section 5307 of title 5, United States Code,
23 no additional payments may be paid to an em-
24 ployee under this subsection in any calendar
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1 annual compensation will exceed the maximum
2 amount of total annual compensation payable at
3 the salary set in accordance with section 104 of
4 title 3, United States Code.
5 (5) LIMITATION ON NUMBER OF HIGHLY QUALI-
6 FIED EXPERTS.—The number of highly qualified ex-
7 perts appointed and retained by the Foundation
8 under paragraph (2)(A) shall not exceed 140 at any
9 time.
10 (6) SAVINGS PROVISIONS.—In the event that the
11 Foundation terminates the program under this sub-
12 section, in the case of an employee who, on the day
13 before the termination of the program, is serving in
14 a position pursuant to an appointment under this
15 subsection—
16 (A) the termination of the program does not
17 terminate the employee’s employment in that po-
18 sition before the expiration of the lesser of—
19 (i) the period for which the employee
20 was appointed; or
21 (ii) the period to which the employee’s
22 service is limited under paragraph (3), in-
23 cluding any extension made under this sub-
24 section before the termination of the pro-
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1 (B) the rate of basic pay prescribed for the
2 position under this subsection may not be re-
3 duced as long as the employee continues to serve
4 in the position without a break in service.
5 (c) ADDITIONAL HIRING AUTHORITY.—To the extent
6 needed to carry out the duties under subsection (a)(1), the
7 Director is authorized to utilize hiring authorities under
8 section 3372 of title 5, United States Code, to staff the
9 Foundation with employees from other Federal agencies,
10 State and local governments, Indian Tribes and Tribal or-
11 ganizations, institutions of higher education, and other or-
12 ganizations, as described in that section, in the same man-
13 ner and subject to the same conditions, that apply to such
14 individuals utilized to accomplish other missions of the
15 Foundation.
16 (d) NATIONAL ACADEMY OF PUBLIC ADMINISTRA-
17 TION.—
18 (1) STUDY.—Not later than 30 days after the
19 date of enactment of this Act, the Director shall con-
20 tract with the National Academy of Public Adminis-
21 tration to conduct a study on the organizational and
22 management structure of the Foundation, to—
23 (A) evaluate and make recommendations to
24 efficiently and effectively implement the Direc-
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1 (B) evaluate and make recommendations to
2 ensure coordination of the Directorate for Tech-
3 nology and Innovation with other directorates
4 and offices of the Foundation and other Federal
5 agencies; and
6 (C) make recommendations for the manage-
7 ment of the Foundation’s business and personnel
8 practices, including implementation of the new
9 hiring authorities and program director authori-
10 ties provided in this section and section 103.
11 (2) REVIEW.—Upon completion of the study
12 under paragraph (1), the Foundation shall review the
13 recommendations from the National Academy of Pub-
14 lic Administration and provide a briefing to Congress
15 on the plans of the Foundation to implement any
16 such recommendations.
17 SEC. 205. ADVANCED TECHNOLOGICAL MANUFACTURING
18 ACT.
19 (a) FINDINGS AND PURPOSE.—Section 2 of the Sci-
20 entific and Advanced-Technology Act of 1992 (42 U.S.C.
21 1862h) is amended—
22 (1) in subsection (a)—
23 (A) in paragraph (3), by striking ‘‘science,
24 mathematics, and technology’’ and inserting
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1 ‘‘science, technology, engineering, and mathe-
2 matics or STEM’’;
3 (B) in paragraph (4), by inserting ‘‘edu-
4 cated’’ and before ‘‘trained’’; and
5 (C) in paragraph (5), by striking ‘‘scientific
6 and technical education and training’’ and in-
7 serting ‘‘STEM education and training’’; and
8 (2) in subsection (b)—
9 (A) in paragraph (2), by striking ‘‘mathe-
10 matics and science’’ and inserting ‘‘STEM
11 fields’’; and
12 (B) in paragraph (4), by striking ‘‘mathe-
13 matics and science instruction’’ and inserting
14 ‘‘STEM instruction’’.
15 (b) MODERNIZING REFERENCES TO STEM.—Section
16 3 of the Scientific and Advanced-Technology Act of 1992
17 (42 U.S.C. 1862i) is amended—
18 (1) in the section heading, by striking ‘‘SCI-
19 ENTIFIC AND TECHNICAL EDUCATION ’’ and in-
20 serting ‘‘STEM EDUCATION’’;
21 (2) in subsection (a)—
22 (A) in the subsection heading, by striking
23 ‘‘SCIENTIFIC AND TECHNICAL EDUCATION ’’ and
24 inserting ‘‘STEM EDUCATION’’;
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1 (B) in the matter preceding paragraph
2 (1)—
3 (i) by inserting ‘‘and education to pre-
4 pare the skilled technical workforce to meet
5 workforce demands’’ before ‘‘, and to im-
6 prove’’;
7 (ii) by striking ‘‘core education courses
8 in science and mathematics’’ and inserting
9 ‘‘core education courses in STEM fields’’;
10 (iii) by inserting ‘‘veterans and indi-
11 viduals engaged in’’ before ‘‘work in the
12 home’’; and
13 (iv) by inserting ‘‘and on building a
14 pathway from secondary schools, to asso-
15 ciate-degree-granting institutions, to careers
16 that require technical training’’ before ‘‘,
17 and shall be designed’’;
18 (C) in paragraph (1)—
19 (i) by inserting ‘‘and study’’ after ‘‘de-
20 velopment’’; and
21 (ii) by striking ‘‘core science and
22 mathematics courses’’ and inserting ‘‘core
23 STEM courses’’;
24 (D) in paragraph (2), by striking ‘‘science,
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1 and inserting ‘‘STEM and advanced-technology
2 fields’’;
3 (E) in paragraph (3)(A), by inserting ‘‘to
4 support the advanced-technology industries that
5 drive the competitiveness of the United States in
6 the global economy’’ before the semicolon at the
7 end;
8 (F) in paragraph (4), by striking ‘‘scientific
9 and advanced-technology fields’’ and inserting
10 ‘‘STEM and advanced-technology fields’’; and
11 (G) in paragraph (5), by striking ‘‘ad-
12 vanced scientific and technical education’’ and
13 inserting ‘‘advanced STEM and advanced-tech-
14 nology’’;
15 (3) in subsection (b)—
16 (A) by striking the subsection heading and
17 inserting the following: ‘‘CENTERS OF SCI-
18 ENTIFIC AND TECHNICAL EDUCATION.—’’;
19 (B) in the matter preceding paragraph (1),
20 by striking ‘‘not to exceed 12 in number’’ and
21 inserting ‘‘in advanced-technology fields’’;
22 (C) in paragraph (2), by striking ‘‘edu-
23 cation in mathematics and science’’ and insert-
24 ing ‘‘STEM education’’; and
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1 (D) in the flush matter following paragraph
2 (2), by striking ‘‘in the geographic region served
3 by the center’’;
4 (4) in subsection (c)—
5 (A) in paragraph (1)—
6 (i) in subparagraph (A)—
7 (I) in the matter preceding clause
8 (i), by striking ‘‘to encourage’’ and all
9 that follows through ‘‘such means as—
10 ’’ and inserting ‘‘to encourage the de-
11 velopment of career and educational
12 pathways with multiple entry and exit
13 points leading to credentials and de-
14 grees, and to assist students pursuing
15 pathways in STEM fields to transition
16 from associate-degree-granting colleges
17 to bachelor-degree-granting institu-
18 tions, through such means as—’’;
19 (II) in clause (i), by striking ‘‘to
20 ensure’’ and inserting ‘‘to develop ar-
21 ticulation agreements that ensure’’;
22 and
23 (III) in clause (ii), by striking
24 ‘‘courses at the bachelor-degree-grant-
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1 reer and educational pathways sup-
2 ported by the articulation agreements’’;
3 (ii) in subparagraph (B)—
4 (I) in clause (i), by inserting
5 ‘‘veterans and individuals engaged in’’
6 before ‘‘work in the home’’;
7 (II) in clause (iii)—
8 (aa) by striking ‘‘bachelor’s-
9 degree-granting institutions’’ and
10 inserting ‘‘institutions or work
11 sites’’; and
12 (bb) by inserting ‘‘or indus-
13 try internships’’ after ‘‘summer
14 programs’’; and
15 (III) by striking the flush text fol-
16 lowing clause (iv); and
17 (iii) by striking subparagraph (C);
18 (B) in paragraph (2)—
19 (i) by striking ‘‘mathematics and
20 science programs’’ and inserting ‘‘STEM
21 programs’’;
22 (ii) by inserting ‘‘and, as appropriate,
23 elementary schools,’’ after ‘‘with secondary
24 schools’’;
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1 (iii) by striking ‘‘mathematics and
2 science education’’ and inserting ‘‘STEM
3 education’’;
4 (iv) by striking ‘‘secondary school stu-
5 dents’’ and inserting ‘‘students at these
6 schools’’;
7 (v) by striking ‘‘science and advanced-
8 technology fields’’ and inserting ‘‘STEM
9 and advanced-technology fields’’; and
10 (vi) by striking ‘‘agreements with local
11 educational agencies’’ and inserting ‘‘ar-
12 ticulation agreements or dual credit courses
13 with local secondary schools, or other means
14 as the Director determines appropriate,’’;
15 and
16 (C) in paragraph (3)—
17 (i) by striking subparagraph (B);
18 (ii) by striking ‘‘shall—’’and all that
19 follows through ‘‘establish a’’ and inserting
20 ‘‘shall establish a’’;
21 (iii) by striking ‘‘the fields of science,
22 technology, engineering, and mathematics’’
23 and inserting ‘‘STEM fields’’; and
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1 (iv) by striking ‘‘; and’’ and inserting
2 ‘‘, including jobs at Federal and academic
3 laboratories.’’;
4 (5) in subsection (d)(2)—
5 (A) in subparagraph (D), by striking ‘‘and’’
6 after the semicolon;
7 (B) in subparagraph (E), by striking the
8 period at the end and inserting a semicolon; and
9 (C) by adding at the end the following:
10 ‘‘(F) as appropriate, applications that
11 apply the best practices for STEM education and
12 technical skills education through distance learn-
13 ing or in a simulated work environment, as de-
14 termined by research described in subsection (f);
15 and’’;
16 (6) in subsection (g), by striking the second sen-
17 tence;
18 (7) in subsection (h)(1)—
19 (A) in subparagraph (A), by striking
20 ‘‘2022’’ and inserting ‘‘2026’’;
21 (B) in subparagraph (B), by striking
22 ‘‘2022’’ and inserting ‘‘2026’’; and
23 (C) in subparagraph (C)—
24 (i) by striking ‘‘up to $2,500,000’’ and
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25 inserting ‘‘not less than $3,000,000’’; and
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1 (ii) by striking ‘‘2022’’ and inserting
2 ‘‘2026’’;
3 (8) in subsection (i)—
4 (A) by striking paragraph (3); and
5 (B) by redesignating paragraphs (4) and
6 (5) as paragraphs (3) and (4), respectively; and
7 (9) in subsection (j)—
8 (A) by striking paragraph (1) and inserting
9 the following:
10 ‘‘(1) the term advanced-technology includes tech-
11 nological fields such as advanced manufacturing, ag-
12 ricultural-, biological- and chemical-technologies, en-
13 ergy and environmental technologies, engineering
14 technologies, information technologies, micro and
15 nano-technologies, cybersecurity technologies,
16 geospatial technologies, and new, emerging technology
17 areas;’’;
18 (B) in paragraph (4), by striking ‘‘separate
19 bachelor-degree-granting institutions’’ and in-
20 serting ‘‘other entities’’;
21 (C) by striking paragraph (7);
22 (D) by redesignating paragraphs (8) and
23 (9) as paragraphs (7) and (8), respectively;
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1 (E) in paragraph (7), as redesignated by
2 subparagraph (D), by striking ‘‘and’’ after the
3 semicolon;
4 (F) in paragraph (8), as redesignated by
5 subparagraph (D)—
6 (i) by striking ‘‘mathematics, science,
7 engineering, or technology’’ and inserting
8 ‘‘science, technology, engineering, or mathe-
9 matics’’; and
10 (ii) by striking the period at the end
11 and inserting ‘‘; and’’; and
12 (G) by adding at the end the following:
13 ‘‘(9) the term skilled technical workforce means
14 workers—
15 ‘‘(A) in occupations that use significant lev-
16 els of science and engineering expertise and tech-
17 nical knowledge; and
18 ‘‘(B) whose level of educational attainment
19 is less than a bachelor degree.’’.
20 (c) AUTHORIZATION OF APPROPRIATIONS.—Section 5
21 of the Scientific and Advanced-Technology Act of 1992 (42
22 U.S.C. 1862j) is amended to read as follows:
23 ‘‘SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
24 ‘‘There are authorized to be appropriated to the Direc-
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1 the Foundation) for carrying out sections 2 through 4,
2 $150,000,000 for fiscal years 2022 through 2026.’’.
3 SEC. 206. INTRAMURAL EMERGING INSTITUTIONS PILOT
4 PROGRAM.
5 (a) ESTABLISHMENT.—The Director shall conduct
6 multiple pilot programs within the Foundation to expand
7 the number of institutions of higher education (including
8 such institutions that are community colleges), and other
9 eligible entities that the Director determines appropriate,
10 that are able to successfully compete for Foundation grants.
11 (b) COMPONENTS.—Each pilot program described in
12 subsection (a) shall include at least 1 of the following ele-
13 ments:
14 (1) A mentorship program.
15 (2) Grant writing technical assistance.
16 (3) Targeted outreach, including to a minority-
17 serving institution (including a historically Black col-
18 lege or university, a Tribal college or university, or
19 a Hispanic-serving institution or an institution of
20 higher education with an established STEM capacity
21 building program focused on traditionally underrep-
22 resented populations in STEM, including Native Ha-
23 waiians, Alaska Natives, and other Indians).
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1 (4) Programmatic support or solutions for insti-
2 tutions or entities that do not have an experienced
3 grant management office.
4 (5) An increase in the number of grant reviewers
5 from institutions of higher education that have not
6 traditionally received funds from the Foundation.
7 (6) An increase of the term and funding, for a
8 period of 3 years or less, as appropriate, to a prin-
9 cipal investigator that is a first-time grant awardee,
10 when paired with regular mentoring on the adminis-
11 trative aspects of grant management.
12 (c) LIMITATION.—As appropriate, each pilot program
13 described in subsection (a) shall work to reduce administra-
14 tive burdens.
15 (d) AGENCY-WIDE PROGRAMS.—Not later than 5 years
16 after the date of enactment of this Act, the Director shall—
17 (1) review the results of the pilot programs de-
18 scribed in subsection (a); and
19 (2) develop agency-wide best practices from the
20 pilot programs for implementation across the Foun-
21 dation, in order to fulfill the requirement under sec-
22 tion 3(e) of the National Science Foundation Act of
23 1950 (42 U.S.C. 1862(e)).
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1 SEC. 207. PUBLIC-PRIVATE PARTNERSHIPS.
2 (a) IN GENERAL.—The Director shall pursue partner-
3 ships with private industry, private foundations, or other
4 appropriate private entities to—
5 (1) enhance the impact of the Foundation’s in-
6 vestments and contributions to the United States eco-
7 nomic competitiveness and security; and
8 (2) make available infrastructure, expertise, and
9 financial resources to the United States scientific and
10 engineering research and education enterprise.
11 (b) MERIT REVIEW.—Nothing in this section shall be
12 construed as altering any intellectual or broader impacts
13 criteria at the Foundation for evaluating grant applica-
14 tions.
15 SEC. 208. AI SCHOLARSHIP-FOR-SERVICE ACT.
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