S. 1260 — what changed

removed Congress finds the following:

removed “(l) provide for the widest practicable and appropriate dissemination of information within the United States concerning the Foundation’s activities and the results thereof.”

removed “8A. Improving research and establishing Directorate for Technology and Innovation

removed “(a) Definitions—In this section:

removed “(1) Community college—The term community college has the meaning given the term junior or community college in section 312(f) of the Higher Education Act of 1965 (20 U.S.C. 1058(f)).

removed “(2) Designated country—The term designated country means a country that has been approved and designated in writing by the President for purposes of this section, after providing—

removed “(A) not less than 30 days of advance notification and explanation to the relevant congressional committees before the designation; and

removed “(B) in-person briefings to such committees, if requested during the 30-day advance notification period described in subparagraph (A).

removed “(3) Directorate—The term Directorate means the Directorate for Technology and Innovation established under subsection (b).

removed “(4) Emerging research institution—The term emerging research institution means an institution of higher education with an established undergraduate student program that has, on average for the 3 years prior to an application for an award under this section, received less than $35,000,000 in Federal research funding.

removed “(5) Federal research facility—The term Federal research facility includes a research laboratory of the Department of Agriculture and any other federally funded research and development center.

removed “(6) Historically Black college or university—The term historically Black college or university has the meaning given the term “part B institution” in section 322 of the Higher Education Act of 1965 (20 U.S.C. 1061).

removed “(7) Institution of higher education—The term institution of higher education has the meaning given the term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).

removed “(8) Key technology focus areas—The term key technology focus areas means the areas included on the most recent list under subsection (d)(2).

removed “(9) Labor organization—The term labor organization has the meaning given the term in section 2(5) of the National Labor Relations Act (29 U.S.C. 152(5)), except that such term shall also include—

removed “(A) any organization composed of labor organizations, such as a labor union federation or a State or municipal labor body; and

removed “(B) any organization which would be included in the definition for such term under such section 2(5) but for the fact that the organization represents—

removed “(i) individuals employed by the United States, any wholly owned Government corporation, any Federal Reserve Bank, or any State or political subdivision thereof;

removed “(ii) individuals employed by persons subject to the Railway Labor Act (45 U.S.C. 151 et seq.); or

removed “(iii) individuals employed as agricultural laborers.

removed “(10) Minority-serving institution—The term minority-serving institution means an institution described in section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 1067q(a)).

removed “(11) National laboratory—The term National Laboratory has the meaning given the term in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801).

removed “(12) Relevant congressional committees—The term relevant congressional committees means—

removed “(A) the Committee on Armed Services, the Committee on Commerce, Science, and Transportation, the Committee on Energy and Natural Resources, the Committee on Appropriations, the Committee on Foreign Relations, the Committee on Health, Education, Labor, and Pensions, and the Select Committee on Intelligence of the Senate; and

removed “(B) the Committee on Armed Services, the Committee on Science, Space, and Technology, the Committee on Appropriations, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives.

removed “(13) STEM—The term STEM has the meaning given such term in section 2 of the America COMPETES Reauthorization Act of 2010 (Public Law 111–358; 42 U.S.C. 6621 note).

removed “(14) Tribal college or university—The term Tribal college or university has the meaning given the term in section 316(b)(3) of the Higher Education Act of 1965 (20 U.S.C. 1059c(b)(3)).

removed “(15) Underrepresented populations—The term underrepresented populations means women, minorities, veterans, tribal populations, persons with disabilities, and other populations that are underrepresented in STEM.

removed “(b) Establishment of Directorate for Technology and Innovation

removed “(1) In general—Not later than 90 days after the date of enactment of the Endless Frontier Act, the Director shall establish in the Foundation a Directorate for Technology and Innovation. The Directorate shall carry out the duties and responsibilities described in this section, in order to further the following goals:

removed “(A) Strengthening the leadership of the United States in critical technologies, as described as a critical national need in section 7018 of the America COMPETES Act (42 U.S.C. 1862o–5), through basic research in the key technology focus areas and the commercialization of those technologies to businesses in the United States.

removed “(B) Addressing and mitigating technology challenges integral to the geostrategic position of the United States through the activities authorized by this section.

removed “(C) Enhancing the competitiveness of the United States in the key technology focus areas by improving education in the key technology focus areas and attracting more students to such areas at all levels of education.

removed “(D) Consistent with the mission and operations of the Foundation, fostering the economic and societal impact of federally funded research and development through an accelerated translation of basic advances in the key technology focus areas into processes and products, known as technology transfer, that can help achieve national goals related to economic competitiveness, domestic manufacturing, national security, shared prosperity, energy and the environment, health, education and workforce development, and transportation.

removed “(E) Utilizing the full potential of the United States workforce by encouraging broader participation in key technology focus areas by underrepresented populations.

removed “(F) Ensuring the programmatic work of the Directorate and Foundation incorporates a workforce perspective from labor organizations and workforce training organizations.

removed “(2) Organization and administrative matters

removed “(A) Program managers—The employees of the Directorate may include program managers for the key technology focus areas, who may perform a role similar to program managers employed by the Defense Advanced Research Projects Agency for the oversight and selection of programs supported by the Directorate.

removed “(B) Selection of recipients—Recipients of support under the programs and activities of the Directorate shall be selected by program managers or other employees of the Directorate and the selection criteria for financial assistance awards shall include intellectual merit and broader impacts, including economic impacts on the advanced technology production system of the United States. The Directorate may use a peer review process or the authorities provided under subsection (c), or some combination of such process and authorities, to inform the selection of award recipients.

removed “(C) Report—Not later than 1 year after the date of enactment of the Endless Frontier Act, the Director shall prepare and submit a report to the relevant congressional committees regarding the use of alternative methods for the selection of recipients and the distribution of funding to recipients as compared to the traditional peer review process.

removed “(D) Assistant directors—The Director shall appoint an Assistant Director for the Directorate, in the same manner as other Assistant Directors of the Foundation are appointed.

removed “(3) Report—Not later than 120 days after the date of enactment of the Endless Frontier Act, the Director shall prepare and submit a report to the relevant congressional committees regarding the establishment of the Directorate.

removed “(c) Personnel management authorities for the Foundation—In addition to the authorities and requirements of section 15, the Director shall have the following authorities:

removed “(1) Experts in science and engineering—The Director shall have the authority to carry out a program of personnel management authority in the same manner, and subject to the same requirements, as the program of personnel management authority authorized for the Director of the Defense Advanced Research Projects Agency under section 1599h of title 10, United States Code, for the Defense Advanced Research Projects Agency.

removed “(2) Highly qualified experts in needed occupations—In addition to the authority provided under paragraph (1), the Director shall have the authority to carry out a program of personnel management authority in the same manner, and subject to the same requirements, as the program to attract highly qualified experts carried out by the Secretary of Defense under section 9903 of title 5, United States Code. Individuals hired by the Director through such authority shall include individuals with expertise in business creativity, innovation management, design thinking, entrepreneurship, venture capital, and related fields.

removed “(3) Additional hiring authority—To the extent needed to carry out the duties in paragraph (1), the Director is authorized to utilize hiring authorities under section 3372 of title 5, United States Code, to staff the Directorate with employees from other Federal agencies, State and local governments, Indian Tribes and Tribal organizations, institutions of higher education, and other organizations, as described in that section, in the same manner and subject to the same conditions, that apply to such individuals utilized to accomplish other missions of the Foundation.

removed “(d) Duties and functions of the Directorate

removed “(1) Development of technology focus of the directorate—The Director shall—

removed “(A) through the Directorate, advance innovation in the key technology focus areas through basic and translational research and other activities described in this section;

removed “(B) develop and implement strategies to ensure that the activities of the Directorate are directed toward the key technology focus areas in order to accomplish the goals described in subsection (b)(1) consistent with the most recent report conducted under section 5(b) of the Endless Frontier Act; and

removed “(C) develop and focus on innovation methods, processes, and promising practices that can affect the speed and effectiveness of innovation processes at scale.

removed “(2) Key technology focus areas

removed “(A) Initial list—The initial key technology focus areas are—

removed “(i) artificial intelligence, machine learning, and other software advances;

removed “(ii) high performance computing, semiconductors, and advanced computer hardware;

removed “(iii) quantum computing and information systems;

removed “(iv) robotics, automation, and advanced manufacturing;

removed “(v) natural and anthropogenic disaster prevention or mitigation;

removed “(vi) advanced communications technology;

removed “(vii) biotechnology, medical technology, genomics, and synthetic biology;

removed “(viii) cybersecurity, data storage, and data management technologies;

removed “(ix) advanced energy, batteries, and industrial efficiency; and

removed “(x) advanced materials science, engineering, and exploration relevant to the other key technology focus areas described in this subparagraph.

removed “(B) Review of key technology focus areas and subsequent lists

removed “(i) Adding or deleting key technology focus areas—Beginning on the date that is 3 years after the date of enactment of the Endless Frontier Act, and every 3 years thereafter, the Director, in coordination with the Director of the Office of Science and Technology Policy, the Director of National Institute of Standards and Technology, the Secretary of Energy, the Secretary of Defense, the Director of the National Institutes of Health, and, as appropriate, the heads of other departments and agencies—

removed “(I) shall review the list of key technology focus areas;

removed “(II) may consider the challenges and recommendations identified in the report required by section 11 of the Endless Frontier Act; and

removed “(III) as part of that review, may add or delete key technology focus areas if societal challenges or the competitive threats to the United States have shifted (whether because the United States or other nations have advanced or fallen behind in a technological area), subject to clause (ii).

removed “(ii) Limit on key technology focus areas—Not more than 10 key technology focus areas shall be included on the list of key technology focus areas at any time.

removed “(iii) Updating focus areas and distribution—Prior to completion of each review under this subparagraph, the Director shall make the list of key technology focus areas readily available to the public and available for public comment, including, at a minimum, by publishing the list in the Federal Register even if no changes are expected to be made to the prior list.

removed “(iv) Extraordinary circumstance waiver—In extraordinary circumstances, the Director of the Office of Science and Technology Policy may grant the Director the ability to add or delete key technology focus areas without acting in coordination as described in clause (i). If such an ability is determined to be necessary by the Director of the Office of Science and Technology Policy, the Director and the Director of the Office of Science and Technology Policy shall not later than 15 days ahead of such a waiver being granted submit a detailed description and justification to the relevant congressional committees.

removed “(3) Activities

removed “(A) In general—In carrying out the duties and functions of the Directorate, the Director—

removed “(i) may make awards in a technologically neutral manner for key technology focus areas to—

removed “(I) individual institutions of higher education for work at centers or by individual researchers or teams of researchers;

removed “(II) not-for-profit entities; and

removed “(III) consortia that—

removed “(aa) shall include and be led by an institution of higher education, or by a not-for-profit entity designed to support technology development, and may include 1 or more additional institutions of higher education;

removed “(bb) shall include at least one of the following:

removed “(AA) a historically Black college or university;

removed “(BB) a Tribal College or University;

removed “(CC) another minority-serving institution;

removed “(DD) an institution that participates in the Established Program to Stimulate Competitive Research under section 113 of the National Science Foundation Authorization Act of 1988 (42 U.S.C. 1862g);

removed “(EE) an emerging research institution that is not classified as a very high research activity by the Carnegie Classification of Institutions of Higher Education and that has an undergraduate enrollment with a majority of students who are from underrepresented populations; or

removed “(FF) a community college; and

removed “(cc) may include 1 or more—

removed “(AA) entities described in subclause (I) or (II) and industries, including startups, small businesses, and public-private partnerships;

removed “(BB) economic development organizations or venture development organizations, as such term is defined in section 28(a) of the Stevenson-Wydler Technology Innovation Act of 1980;

removed “(CC) National Laboratories;

removed “(DD) Federal laboratories, as defined in section 4 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3703);

removed “(EE) Federal research facilities;

removed “(FF) labor organizations;

removed “(GG) entities described in subclause (I) or (II) from allied or partner countries;

removed “(HH) other entities if determined by the Director to be vital to the success of the program; and

removed “(II) binational research and development foundations and funds, excluding foreign entities of concern;

removed “(ii) may partner with other directorates of the Foundation for projects or research, including—

removed “(I) to pursue basic questions about natural, human, and physical phenomena that could enable advances in the key technology focus areas;

removed “(II) to study questions that could affect the design (including human interfaces), operation, deployment, or the social and ethical consequences of technologies in the key technology focus areas, including the development of technologies that complement or enhance the abilities of workers and impact of specific innovations on domestic jobs and equitable opportunity; and

removed “(III) to further the creation of a domestic workforce capable of advancing, using, and adapting to key technology focus areas and understanding and improving the impact of key technology focus areas on STEM teaching and learning advancing the key technology focus areas, including engaging relevant partners in research and innovation programs;

removed “(iii) may provide funds to any other Federal agencies for intramural or extramural work in the key technology focus areas through research, manufacturing, or other means;

removed “(iv) may make awards under the SBIR and STTR programs (as defined in section 9(e) of the Small Business Act (15 U.S.C. 638(e))); and

removed “(v) may enter into and perform such contracts, other transactions, or other arrangements, or modifications thereof, as may be necessary in the conduct of the work of the Directorate and on such terms as the Director considers appropriate, in furtherance of the purposes of this Act.

removed “(B) Reports—Not later than 180 days after the date of enactment of the Endless Frontier Act, the Director, in coordination with the Secretary of State and the Director of the Office of Science and Technology Policy, shall prepare and submit to the relevant congressional committees—

removed “(i) a plan to seek out additional investments from—

removed “(I) certain designated countries; and

removed “(II) entities other than institutions of higher education; and

removed “(ii) the planned activities of the Directorate to secure federally funded science and technology pursuant to section 1746 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92) and section 223 of William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283).

removed “(C) Annual briefing—Each year, the Director shall formally request a briefing from the Secretary of Defense, the Secretary of Commerce, the Director of the Federal Bureau of Investigation, the Director of National Intelligence, and as appropriate other department or agency heads regarding their efforts to preserve the United States advantages generated by the activity of the Directorate.

removed “(4) Interagency cooperation

removed “(A) In general—In carrying out this section, the Director and other Federal research agencies, in consultation with the United States Patent and Trademark Office where appropriate, shall work cooperatively with each other to further the goals of this section in the key technology focus areas.

removed “(B) Coordination with NIST and Department of Energy—In making research awards under this section, the Director shall, as appropriate, work in coordination with the Director of the National Institute of Standards and Technology and the Secretary of Energy.

removed “(C) Comptroller General report—Each year, the Comptroller General of the United States shall prepare and submit a report to Congress, and shall simultaneously submit the report to the Director and the Director of the Office of Science and Technology Policy, describing the interagency cooperation that occurred during the preceding year pursuant to this paragraph, including a list of—

removed “(i) any funds provided under paragraph (3)(A)(ii) to other divisions of the Foundation; and

removed “(ii) any funds provided under paragraph (3)(A)(iii) to other Federal research agencies.

removed “(5) Providing scholarships, fellowships, and other student support

removed “(A) In general—The Director, acting through the Directorate, shall fund undergraduate scholarships (including at community colleges), graduate fellowships and traineeships, and postdoctoral awards in the key technology focus areas.

removed “(B) Implementation—The Director may carry out subparagraph (A) by providing funds—

removed “(i) for making awards—

removed “(I) directly to students; and

removed “(II) to institutions of higher education or consortia of institutions of higher education, including those institutions or consortia involved in operating university technology centers established under paragraph (6); and

removed “(ii) to programs in Federal research agencies that have experience awarding such scholarships, fellowships, traineeships, or postdoctoral awards.

removed “(C) Broadening participation—In carrying out this paragraph, the Director should work to increase the participation of underrepresented populations in fields related to the key technology focus areas. For that purpose, the Director may take such steps as establishing or augmenting programs targeted at underrepresented populations, and supporting traineeships or other relevant programs at institutions of higher education with high enrollments of underrepresented populations.

removed “(D) Innovation—In carrying out this paragraph, the Director shall encourage innovation in graduate education, including through encouraging institutions of higher education to offer graduate students opportunities to gain experience in industry or government as part of their graduate training, and through support for students in professional masters programs related to the key technology focus areas.

removed “(E) Supplement, not supplant—The Director shall ensure that funds made available under this paragraph shall be used to create additional support for postsecondary students and shall not displace funding for any other available support.

removed “(6) University technology centers

removed “(A) In general—From amounts made available to the Directorate, the Director shall, through a competitive application and selection process, make awards to institutions of higher education or consortia described in paragraph (3)(A)(i)(III) to establish university technology centers.

removed “(B) Uses of funds

removed “(i) In general—A center established under an award under subparagraph (A)—

removed “(I) shall use support provided under such subparagraph—

removed “(aa) to carry out basic and translational research to advance innovation in the key technology focus areas; and

removed “(bb) to further the development and commercialization of innovations, including inventions, in the key technology focus areas, including—

removed “(AA) innovations derived from research carried out under item (aa), through such activities as translational research, proof-of-concept development, and prototyping, in order to reduce the cost, time, and risk of commercializing new technologies;

removed “(BB) to promote patenting and commercialization of inventions derived from research carried out under item (aa); and

removed “(CC) through the use of public-private partnerships; and

removed “(II) may use support provided under such subparagraph—

removed “(aa) for the costs of equipment;

removed “(bb) for the costs associated with technology transfer and commercialization, including patenting and licensing; or

removed “(cc) for other activities or costs necessary to accomplish the purposes of this section, including for operations and staff.

removed “(ii) Support of regional technology hubs—Each center established under subparagraph (A) may support and participate in, as appropriate, the activities of any regional technology hub designated under section 28(b)(1)(A) of the Stevenson-Wydler Technology Innovation Act of 1980.

removed “(C) Selection process—In selecting recipients under this paragraph, the Director shall consider—

removed “(i) the capacity of the applicant to pursue and advance basic and translational research;

removed “(ii) the extent to which the applicant’s proposed research would be likely to advance American competitiveness in 1 or more key technology focus areas;

removed “(iii) the extent to which the applicant's proposal would broaden participation by underrepresented populations in those areas;

removed “(iv) the capacity of the applicant to engage industry, labor, and other appropriate organizations on any advances;

removed “(v) whether the applicant’s proposed research will, where applicable, contribute to growth in domestic manufacturing capacity and job creation;

removed “(vi) the quality of plans for dissemination of research and technology results, in accordance with relevant export control laws;

removed “(vii) how the applicant will, where applicable, encourage the training and participation of entrepreneurs and the translation of research results to practice, including the development of new businesses;

removed “(viii) how the applicant will encourage the participation of inventors and entrepreneurs and the development of new businesses, where applicable;

removed “(ix) regional and geographic diversity;

removed “(x) in the case of a consortium, the extent to which the proposal includes institutions listed in paragraph (3)(A)(i)(III)(bb); and

removed “(xi) the amount of funds from industry organizations described in subparagraph (D)(ii) the applicant would use towards establishing the center under subparagraph (A).

removed “(D) Requirements—The Director shall ensure that any institution of higher education or consortium receiving an award under subparagraph (A) has—

removed “(i) the capacity or the ability to acquire the capacity to advance the goals described in subsection (b)(1); and

removed “(ii) secured contributions for establishing the center under subparagraph (A) from industry organizations in an amount not less than 10 percent of the total amount of the award the institution or consortium would receive under subparagraph (A).

removed “(7) Moving technology from laboratory to market

removed “(A) Program authorized

removed “(i) In general—The Director, in coordination with the Director of the National Institute of Standards and Technology, shall establish a program in the Directorate to make awards, on a competitive basis, to institutions of higher education or consortia described in paragraph (3)(A)(i)(III)—

removed “(I) to build capacity at an institution of higher education or within the consortium and facilitate collaboration with firms in the key technology focus areas to increase the likelihood that new technologies in the key technology focus areas will succeed in the commercial market; and

removed “(II) with the goal of promoting experiments with a range of models that institutions of higher education or consortia could use to—

removed “(aa) enable new technologies and inventions to mature to the point where the technologies are more likely to succeed in the commercial market and promote the creation of high-quality jobs in the United States; and

removed “(bb) reduce the risks to commercial success for new technologies and inventions earlier in their development.

removed “(ii) Use for training—An award under this subparagraph for a purpose described in subclause (I) or (II) of clause (i) may also enable the institution of higher education or consortium to provide training and support to scientists, engineers, and inventors who are interested in research, technology transfer, and commercialization, including patenting and licensing, if the use is included in the proposal submitted under subparagraph (B).

removed “(B) Proposals—An institution of higher education or consortium desiring an award under this paragraph shall submit a proposal to the Director at such time, in such manner, and containing such information as the Director may require. The proposal shall include a description of—

removed “(i) the broader impact of the proposal;

removed “(ii) the steps the applicant is studying or will take to enable technology transfer to reduce the risks for commercialization for new technologies, including how the applicant will collaborate with firms in the key technology focus areas;

removed “(iii) why such steps are likely to be effective;

removed “(iv) how such steps differ from previous efforts to reduce the risks for commercialization for new technologies;

removed “(v) whether the commercial viability of any new technologies will promote the creation of high-quality jobs in the United States;

removed “(vi) how the applicant will, where applicable, encourage the participation of inventors and entrepreneurs and the development of new businesses; and

removed “(vii) how the applicant will, where applicable, encourage the training and participation of entrepreneurs and the translation of research results to practice, including the development of new businesses.

removed “(C) Use of funds—A recipient of an award under this paragraph shall use award funds to reduce the risks for commercialization for new technologies, which may include—

removed “(i) creating and funding competitions to allow entrepreneurial ideas from institutions of higher education or consortia described in paragraph (3)(A)(i)(III) to illustrate their commercialization potential;

removed “(ii) facilitating relationships among local and national business leaders, including investors, and potential entrepreneurs to encourage successful commercialization;

removed “(iii) creating or supporting entities that could enable researchers to further develop new technology, through patient capital investment, advice, staff support, or other means;

removed “(iv) providing facilities for start-up companies where technology maturation could occur;

removed “(v) covering legal and other fees associated with technology transfer and commercialization, including patenting and licensing; and

removed “(vi) revising institution policies, including policies related to intellectual property and faculty entrepreneurship, to accomplish the goals of this paragraph.

removed “(D) Reporting on commercialization based on metrics—The Director shall establish—

removed “(i) metrics related to commercialization for an award under this paragraph; and

removed “(ii) a reporting schedule for recipients of such awards that takes into account both short- and long-term goals of the program under this paragraph.

removed “(8) Test beds

removed “(A) Program authorized

removed “(i) In general—The Director, in coordination with the Director of the National Institute of Standards and Technology, shall establish a program in the Directorate to make awards, on a competitive basis, to institutions of higher education or consortia described in paragraph (3)(A)(i)(III) to establish and operate test beds and fabrication facilities to advance the operation, integration, deployment, and, as appropriate, manufacturing of new, innovative technologies in the key technology focus areas, which may include hardware or software. The goal of such test beds and facilities shall be to accelerate the movement of innovative technologies into the commercial market through the private sector.

removed “(ii) Coordination—In establishing the program under clause (i), the Director shall ensure coordination in establishing new test beds under this paragraph with other test beds supported by the Foundation or established under Manufacturing USA to avoid duplication and maximize the use of Federal resources.

removed “(B) Proposals—A proposal submitted under this paragraph shall, at a minimum, describe—

removed “(i)

removed “(I) the technology or technologies that will be the focus of the test bed or fabrication facility;

removed “(II) the goals of the work to be done at the test bed or facility; and

removed “(III) the expected schedule for completing that work;

removed “(ii) how the applicant will assemble a workforce with the skills needed to operate the test bed or facility;

removed “(iii) how the applicant will ensure broad access to the facility;

removed “(iv) how the applicant will collaborate with firms in the key technology focus areas, including through coordinated research and development and funding, to ensure that work in the test bed or facility will contribute to the commercial viability of any technologies and will include collaboration from industry and labor organizations;

removed “(v) how the applicant will encourage the participation of inventors and entrepreneurs and the development of new businesses;

removed “(vi) how the applicant will increase participation by underrepresented populations;

removed “(vii) how the applicant will demonstrate that the commercial viability of any new technologies will support the creation of high-quality domestic jobs;

removed “(viii) how the test bed or facility will operate after Federal funding has ended; and

removed “(ix) how the test bed will disseminate lessons and other technical information to United States firms or allied or partner country firms in the United States.

removed “(C) Awards—Awards made under this paragraph shall be for 7 years, with the possibility of 5-year extensions.

removed “(D) Authorized use of funds—An awardee under this paragraph may, in order to achieve the purposes described in subparagraph (A)(i), use the award for the purchase of equipment, the support of graduate students and postdoctoral researchers, and the salaries of staff.

removed “(E) Results—An awardee under this paragraph may publish and share with the public the results of the work conducted under this paragraph.

removed “(F) Interagency semi-annual meetings—The Director, the Director of the National Institute of Standards and Technology, and the heads of other departments and agencies, or their designees, with test bed related equities shall hold an annual meeting to coordinate their respective test bed related investments, future years plan, and other appropriate matters, to avoid conflicts and duplication of efforts. Upon request by Congress, Congress shall be briefed on the results of the meetings.

removed “(9) Inapplicability—Section 5(e)(1) shall not apply to grants, contracts, awards, or other arrangements made under this section.

removed “(e) Areas of funding support—Subject to the availability of funds to carry out this section, the Director shall endeavor, for each fiscal year, to use—

removed “(1) not less than 35 percent of funds provided to the Directorate for such year to carry out subsection (d)(6);

removed “(2) not less than 15 percent of such funds to carry out the purpose of subsection (d)(5)—

removed “(A) with the goal of awarding, across the key technology focus areas—

removed “(i) not fewer than 1,000 postdoctoral awards;

removed “(ii) not fewer than 2,000 graduate fellowships and traineeships; and

removed “(iii) not fewer than 1,000 undergraduate scholarships, including scholarships to attend community colleges;

removed “(B) of which not less than 10 percent of the funds designated under this paragraph shall be used to support additional awards to focus on community college training, education, and teaching programs that increase the participation of underrepresented populations in science, technology, engineering, and mathematics, including technical programs through programs such as the Advanced Technological Education program;

removed “(C) of which not less than 20 percent of the funds designated under this paragraph shall be used to support awards for post-doctorate fellowships, graduate fellowships and traineeships, and undergraduate scholarships through institutions of higher education, and other institutions, located in jurisdictions that participate in the Established Program to Stimulate Competitive Research under section 113 of the National Science Foundation Authorization Act of 1988 (42 U.S.C. 1862g); and

removed “(D) if funds remain after carrying out subparagraphs (A), (B), and (C), awards to institutions of higher education to enable the institutions to fund the development and establishment of new or specialized courses of education for graduate, undergraduate, or technical college students;

removed “(3) not less than 5 percent of such funds to carry out subsection (d)(7);

removed “(4) not less than 10 percent of such funds to carry out subsection (d)(8);

removed “(5) not less than 15 percent of such funds to carry out research and related activities pursuant to subclauses (I) and (II) of subsection (d)(3)(A)(ii); and

removed “(6) not less than 20 percent of such funds to support research in the key technology focus areas through the Established Program to Stimulate Competitive Research under section 113 of the National Science Foundation Authorization Act of 1988 (42 U.S.C. 1862g).

removed “(f) Technical assistance for award recipients and applicants—The Director may—

removed “(1) coordinate with other Federal agencies to establish interagency and multidisciplinary teams to provide technical assistance to recipients of, and prospective applicants for, awards under this section;

removed “(2) by Federal interagency agreement and notwithstanding any other provision of law, transfer funds available to carry out this section to the head of another Federal agency to facilitate and support the provision of such technical assistance; and

removed “(3) enter into contracts with third parties to provide such technical assistance.

removed “(g) Authorization of appropriations and limitations

removed “(1) Authorization for the Office of Inspector General—From any amounts appropriated for the Foundation for a fiscal year, there is authorized to be appropriated for necessary expenses of the Office of Inspector General of the Foundation an amount of not less than $10,000,000 in any fiscal year appropriation for the Foundation, for oversight of the programs and activities established under this section in accordance with the Inspector General Act of 1978.

removed “(2) Supplement and not supplant—The amounts authorized to be appropriated to carry out this section shall supplement, and not supplant, any other amounts already appropriated to the Foundation or Office of Inspector General of the Foundation, except with respect to transfers described in paragraph (3).

removed “(3) Transfer of funds authority—For fiscal years 2022 through 2024, the Director shall transfer any funds appropriated to the Directorate to any other directorate or office of the Foundation for activities directly related to the key technology focus areas.

removed “(4) No new awards—The Director shall not make any new awards for the activities described in this section for any fiscal year in which the total amount appropriated to the Foundation (not including amounts appropriated for the Directorate) is less than the total amount appropriated to the Foundation (not including such amounts), adjusted by the rate of inflation, for the previous fiscal year.

removed “(5) No funds for construction—No funds provided under this section shall be used for construction.

removed “(h) Rules of construction—Nothing in this section or any other amendments made to this Act by the Endless Frontier Act shall be construed to alter the mission of any directorate of the Foundation existing prior to the date of enactment of such Act, or to alter the award selection methods or criteria used by such directorates.”

removed “8B. Chief Diversity Officer

removed “(a) Chief diversity officer

removed “(1) Appointment—The Director shall appoint a Chief Diversity Officer of the National Science Foundation.

removed “(2) Qualifications—The Chief Diversity Officer should have significant experience with diversity and inclusion, in particular within the Federal Government and science community.

removed “(3) Oversight—The Chief Diversity Officer shall report directly to the Director in the performance of the duties of the Chief Diversity Officer under this section.

removed “(b) Duties—The Chief Diversity Officer is responsible for providing advice on policy, oversight, guidance, and coordination with respect to matters of the National Science Foundation related to diversity and inclusion. Other duties may include—

removed “(1) establishing and maintaining a strategic plan that publicly states a diversity definition, vision, and goals for the National Science Foundation;

removed “(2) defining a set of strategic metrics that are—

removed “(A) directly linked to key organizational priorities and goals;

removed “(B) actionable; and

removed “(C) actively used to implement the strategic plan under paragraph (1);

removed “(3) advising in the establishment of a strategic plan for diverse participation by institutions of higher education, including community colleges, historically Black colleges and universities, Tribal colleges or universities, and other minority-serving institutions (as such terms are defined in section 8A(a)), and individuals;

removed “(4) advising in the establishment of a strategic plan for outreach to, and recruiting from, untapped locations and underrepresented populations; and

removed “(5) performing such additional duties and exercise such powers as the Director may prescribe.”

removed “28. Regional technology hub program

removed “(a) Definitions—In this section:

removed “(1) Appropriate committees of Congress—The term appropriate committees of Congress means—

removed “(A) the Committee on Commerce, Science, and Transportation, the Committee on Environment and Public Works, and the Committee on Appropriations of the Senate; and

removed “(B) the Committee on Science, Space, and Technology, the Committee on Transportation and Infrastructure, and the Committee on Appropriations of the House of Representatives.

removed “(2) Cooperative extension—The term cooperative extension has the meaning given the term “extension” in section 1404 of the Food and Agriculture Act of 1977 (7 U.S.C. 3103).

removed “(3) Key technology focus areas—The term key technology focus areas means the areas included on the most recent list under section 8A(d)(2) of the National Science Foundation Act of 1950.

removed “(4) Labor organization—The term labor organization has the meaning given such term in section 8A(a) of the National Science Foundation Act of 1950.

removed “(5) Large metropolitan communities—The term large metropolitan community means a metropolitan statistical area with a population of more than 500,000.

removed “(6) Manufacturing extension center—The term manufacturing extension center has the meaning given the term “Center” in section 25(a) of the National Institute of Standards and Technology Act (15 U.S.C. 278k(a)).

removed “(7) Manufacturing USA institute—The term Manufacturing USA institute means a Manufacturing USA institute described in section 34(d) of the National Institute of Standards and Technology Act (15 U.S.C. 278s(d)).

removed “(8) Mid-sized metropolitan communities—The term mid-sized metropolitan community means a metropolitan statistical area with a population of more than 200,000 and not more than 500,000.

removed “(9) Other technology and innovation sectors critical to national and economic security—The term other technology and innovation sectors critical to national and economic security means other technology and innovation sectors that the Secretary determines are critical to national and economic security.

removed “(10) Small and rural communities—The term small and rural community means a noncore area, a micropolitan area, or a small metropolitan statistical area with a population of not more than 200,000.

removed “(11) Venture development organization—The term venture development organization means a State or nonprofit organization focused primarily toward strengthening regional economic development through innovation by—

removed “(A) accelerating the commercialization of research and technology;

removed “(B) strengthening the competitive position of startups and industry through the development, commercial adoption, or deployment of technology;

removed “(C) providing financial grants, loans, or direct investment to commercialize technology;

removed “(D) pairing direct financial assistance under subparagraph (C) with entrepreneurship, technological, or business assistance to maximize the likelihood of success for a venture and increased employment growth for the region or a sector; and

removed “(E) returning any proceeds gained from direct financial assistance made using organization funds to the organization for future reinvestment, entrepreneurial assistance, and support of operations.

removed “(b) Regional technology hub program

removed “(1) In general—The Secretary shall carry out a program—

removed “(A) to designate eligible consortia as regional technology hubs that create the conditions, within a region, to facilitate activities that—

removed “(i) enable United States leadership in a key technology focus area, complementing the Federal research and development investments under section 8A of the National Science Foundation Act of 1950, or other technology and innovation sectors critical to national and economic security;

removed “(ii) support regional economic development that diffuses innovation around the United States, enabling better broad-based growth and competitiveness in key technology focus areas;

removed “(iii) support domestic job creation; and

removed “(iv) otherwise support the purposes set forth under paragraph (2);

removed “(B) to support regional technology hubs designated under subparagraph (A); and

removed “(C) to conduct ongoing research, evaluation, analysis, and dissemination of best practices for regional development and competitiveness in technology and innovation.

removed “(2) Purposes—The purposes of the program carried out under paragraph (1) are as follows:

removed “(A) To designate eligible consortia as regional technology hubs throughout the United States that create the conditions within a region to facilitate activities that establish the global competitive edge of the United States in the 21st century across a range of technology and innovation sectors critical to national and economic security, including to encourage lower-cost but economically viable technology hubs in the United States to reduce technology offshoring.

removed “(B) To encourage new and constructive collaboration among local, State, and Federal Government entities, academia, private industry, and labor organizations to mobilize investment, talent, entrepreneurship, and innovation for research, development, deployment, and manufacturing in a range of technology and innovation sectors critical to national and economic security.

removed “(C) To assist regions across the United States, including small cities and rural areas—

removed “(i) to develop and implement strategies through technology-based economic development practices, including infrastructure and workforce development, entrepreneurship and commercialization support, increasing access to capital, and building networks and systems to help bring ideas and businesses to market, and other relevant activities;

removed “(ii) to improve domestic supply chains in technology and innovation sectors; and

removed “(iii) to enable broad-based economic growth, job creation and competitiveness in the United States.

removed “(3) Administration—The Secretary shall carry out this section through the Assistant Secretary of Commerce for Economic Development, in coordination with the Under Secretary of Commerce for Standards and Technology.

removed “(c) Eligible consortia—For purposes of this section, an eligible consortium is a consortium that—

removed “(1) includes 1 or more—

removed “(A) institutions of higher education;

removed “(B) local or Tribal governments or other political subdivisions of a State;

removed “(C) State governments represented by an agency designated by the governor of the State or States that is representative of the geographic area served by the consortia;

removed “(D) economic development organizations or similar entities that are focused primarily on improving science, technology, innovation, or entrepreneurship;

removed “(E) industry or firms in relevant technology or innovation sectors;

removed “(F) labor organizations; and

removed “(G) workforce training organizations, including State and local workforce development boards as established under section 101 of the Workforce Investment and Opportunity Act (29 U.S.C. 3111); and

removed “(2) may include 1 or more—

removed “(A) nonprofit economic development entities with relevant expertise, including a district organization (as defined in section 300.3 of title 13, Code of Federal Regulations, or successor regulation);

removed “(B) for-profit entities with relevant expertise;

removed “(C) venture development organizations;

removed “(D) financial institutions and investment funds;

removed “(E) primary and secondary educational institutions, including career and technical education schools;

removed “(F) industry and industry associations;

removed “(G) National Laboratories (as defined in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801));

removed “(H) Federal laboratories;

removed “(I) manufacturing extension centers;

removed “(J) Manufacturing USA institutes;

removed “(K) institutions receiving an award under paragraph (6) or (7) of section 8A(d) of the National Science Foundation Act of 1950; and

removed “(L) a cooperative extension.

removed “(d) Designation of regional technology hubs

removed “(1) In general—The Secretary shall use a competitive process for the designation of regional technology hubs under subsection (b)(1)(A).

removed “(2) Number of regional technology hubs—During the 5-year period beginning on the date of the enactment of the Endless Frontier Act, the Secretary shall designate not fewer than 10 and not more than 15 eligible consortia as regional technology hubs under subsection (b)(1)(A), if the Secretary has received a sufficient number of qualified applications and appropriations to carry out this section.

removed “(3) Geographic distribution—In conducting the competitive process under paragraph (1), the Secretary shall ensure geographic distribution in the designation of regional technology hubs by—

removed “(A) aiming to designate regional technology hubs in as many regions of the United States as possible; and

removed “(B) focusing on localities that have clear potential and relevant assets for developing a self-sustaining competitive position in a technology or innovation sector but have not yet become leading technology centers.

removed “(4) Eligible consortia that serve small and rural communities—Under subsection (b)(1)(A), the Secretary shall designate at least 3 eligible consortia that—

removed “(A) serve small and rural communities; and

removed “(B) have received a grant under section 29.

removed “(5) EPSCoR—The Secretary shall ensure that, of the eligible consortia designated as regional technology hubs under subsection (b)(1)(A), not fewer than 5 of such consortia include at least 1 State that is eligible to receive funding from the Established Program to Stimulate Competitive Research of the National Science Foundation.

removed “(6) Relation to certain grant awards—The Secretary may not require an eligible consortium to receive a grant under section 29 in order to be designated as a regional technology hub under subsection (b)(1)(A) of this section.

removed “(e) Grants and cooperative agreements

removed “(1) In general—The Secretary shall carry out subparagraph (B) of subsection (b)(1) through the award of grants or cooperative agreements to eligible consortia designated under subparagraph (A) of such subsection.

removed “(2) Term

removed “(A) In general—The term of a grant or cooperative agreement awarded under paragraph (1) shall be for such period as the Secretary considers appropriate.

removed “(B) Renewal—The Secretary may renew a grant or cooperative agreement awarded to an eligible consortia under paragraph (1) as the Secretary considers appropriate if the Secretary determines pursuant to subsection (i) that the performance of the eligible consortia is satisfactory.

removed “(3) Matching required

removed “(A) In general—Except in the case of an eligible consortium described in subparagraph (B), the total Federal financial assistance awarded in a given year to an eligible consortium in support of the eligible consortium's operation as a regional technology hub under this section shall not exceed amounts as follows:

removed “(i) In first year of the grant or cooperative agreement, 90 percent of the total operating and maintenance costs of the regional technology hub in that fiscal year.

removed “(ii) In second year of the grant or cooperative agreement, 85 percent of the total operating and maintenance costs of the regional technology hub in that fiscal year.

removed “(iii) In third year of the grant or cooperative agreement, 80 percent of the total operating and maintenance costs of the regional technology hub in that fiscal year.

removed “(iv) In fourth year of the grant or cooperative agreement and each year thereafter, 75 percent of the total operating and maintenance costs of the regional technology hub in that fiscal year.

removed “(B) Small and rural communities and Indian tribes

removed “(i) In general—The total Federal financial assistance awarded in a given year to an eligible consortium in support of the eligible consortium's operation as a regional technology hub under this section shall not exceed amounts as follows:

removed “(I) In the case of an eligible consortium that represents a small and rural community, in a fiscal year, 90 percent of the total funding of the regional technology hub in that fiscal year.

removed “(II) In the case of an eligible consortium that is led by a Tribal government, in a fiscal year, 100 percent of the total funding of the regional technology hub in that fiscal year.

removed “(ii) Minimum threshold or rural representation—The Secretary shall establish a minimum threshold of rural representation for purposes of clause (i)(I).

removed “(C) In-kind contributions—For purposes of this paragraph, in-kind contributions may be used for part of the non-Federal share of the total funding of a regional technology hub in a fiscal year.

removed “(4) Use of grant and cooperative agreement funds—The recipient of a grant or cooperative agreement awarded under paragraph (1) shall use the grant or cooperative agreement for multiple activities determined appropriate by the Secretary, including—

removed “(A) the permissible activities set forth under section 27(c)(2); and

removed “(B) activities in support of key technology focus areas and other technology and innovation sectors critical to national and economic security—

removed “(i) to develop regional strategies for infrastructure and site development in support of the regional technology hub’s plans and programs;

removed “(ii) to support business activity that makes domestic supply chain more resilient and encourages the growth of coordinated multiparty systems in the United States and creation and growth of business entities;

removed “(iii) to attract new private, public, and philanthropic investment in the region for developing innovation capacity, including establishing regional venture and loan funds, including through venture development organizations, for financing technology commercialization, new business formation, and business expansions;

removed “(iv) to further the development, deployment, and domestic manufacturing of technologies in the key technology focus areas and other technology and innovation sectors critical to national and economic security, including innovations derived from research conducted at institutions of higher education or other research entities, including research conducted by federally funded research and development centers, National Laboratories, Federal laboratories, Manufacturing USA institutes, university technology centers established under paragraph (6) of section 8A(d) of the National Science Foundation Act of 1950, the program established under paragraph (7) of such section 8A(d), test beds established and operated under paragraph (8) of such section 8A(d), or other Federal research entities, through activities that may include—

removed “(I) proof-of-concept development and prototyping;

removed “(II) technology transfer and commercialization, including patenting and licensing;

removed “(III) public-private partnerships in order to reduce the cost, time, and risk of commercializing new technologies;

removed “(IV) creating and funding competitions to allow entrepreneurial ideas to illustrate their commercialization and domestic job creation potential;

removed “(V) facilitating relationships between local and national business leaders and potential entrepreneurs to encourage successful commercialization;

removed “(VI) creating and funding not-for-profit entities that could enable researchers at institutions of higher education and other research entities to further develop new technology, through patient funding, advice, staff support, or other means;

removed “(VII) providing facilities for start-up companies where technology maturation could occur; and

removed “(VIII) commercialization, deployment, and adoption of the technologies that lead to domestic manufacturing of such technologies;

removed “(v) to develop the region’s skilled workforce through the training and retraining of workers, partnerships with labor organizations, and skills-based education, including the alignment of career technical training and educational programs in the region’s elementary and secondary schools and institutions of higher education; and

removed “(vi) to carry out such other activities as the Secretary considers appropriate to improve United States competitiveness and regional economic development to support a key technology focus area and that would further the purposes of this section.

removed “(5) Grants for infrastructure—Any grant or cooperative agreement awarded under paragraph (1) to support the construction of physical infrastructure shall be awarded pursuant to section 201 of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3141) and subject to the provisions of such Act, except that subsection (b) of such section and sections 204 and 301 of such Act (42 U.S.C. 3144, 3161) shall not apply.

removed “(f) Applications—An eligible consortium seeking designation as a regional technology hub under subparagraph (A) of subsection (b)(1) and support under subparagraph (B) of such subsection shall submit to the Secretary an application therefor at such time, in such manner, and containing such information as the Secretary may specify.

removed “(g) Considerations for designation and award of grants and cooperative agreements

removed “(1) In general—In selecting an eligible consortium that submitted an application under subsection (f) for designation and support under subsection (b)(1), the Secretary shall consider, at a minimum, the following:

removed “(A) The potential of the eligible consortium to advance the research, development, deployment, and domestic manufacturing of technologies in a key technology focus area or other technology or innovation sector critical to national and economic security.

removed “(B) The likelihood of positive regional economic effect, including increasing the number of high wage domestic jobs, and creating new economic opportunities for economically disadvantaged and underrepresented populations.

removed “(C) How the eligible consortium plans to integrate with and leverage the resources of 1 or more federally funded research and development centers, National Laboratories, Federal laboratories, Manufacturing USA institutes, Hollings Manufacturing Extension Partnership centers, university technology centers established under paragraph (6) of section 8A(d) of the National Science Foundation Act of 1950, the program established under paragraph (7) of such section 8A(d), test beds established and operated under paragraph (8) of such section 8A(d), or other Federal research entities.

removed “(D) How the eligible consortium will engage with the private sector, including small- and medium-sized businesses to commercialize new technologies and improve the resiliency of domestic supply chains in a key technology focus area or other technology or innovation sector critical to national and economic security.

removed “(E) How the eligible consortium will carry out workforce development and skills acquisition programming, including through partnerships with entities that include State and local workforce development boards, institutions of higher education, including community colleges, historically Black colleges and universities, Tribal colleges and universities, and minority serving institutions, labor organizations, and workforce development programs, and other related activities authorized by the Secretary, to support the development of a key technology focus area or other technology or innovation sector critical to national and economic security.

removed “(F) How the eligible consortium will improve science, technology, engineering, and mathematics education programs in the identified region in elementary and secondary school and higher education institutions located in the identified region to support the development of a key technology focus area or other technology or innovation sector critical to national and economic security.

removed “(G) How the eligible consortium plans to develop partnerships with venture development organizations and sources of private investment in support of private sector activity, including launching new or expanding existing companies, in a key technology focus area or other technology or innovation sector critical to national and economic security.

removed “(H) How the eligible consortium plans to organize the activities of regional partners across sectors in support of the proposed regional technology hub, including the development of necessary infrastructure improvements and site preparation.

removed “(I) How the eligible consortium will ensure that growth in technology and innovation sectors produces broadly shared opportunity across the identified region, including for economic disadvantaged and underrepresented populations and rural areas.

removed “(J) The likelihood that the region served by the eligible consortium will be able to become a self-sustaining globally leading technology hub once Federal support ends.

removed “(2) Findings based on comprehensive regional technology strategies—The Secretary may use a comprehensive regional technology strategy supported by a grant under section 29 as the basis for making findings under paragraph (1) of this subsection.

removed “(h) Coordination and collaboration

removed “(1) Coordination with National Institute of Standards and Technology programs

removed “(A) Coordination required—The Secretary shall coordinate the activities of regional technology hubs designated under this title, the Hollings Manufacturing Extension Partnership, and the Manufacturing USA Program with each other to the degree that doing so does not diminish the effectiveness of the ongoing activities of a manufacturing extension center or a Manufacturing USA institute.

removed “(B) Elements—Coordination by the Secretary under subparagraph (A) may include the following:

removed “(i) The alignment of activities of the Hollings Manufacturing Extension Partnership with the activities of regional technology hubs designated under this subsection, if applicable.

removed “(ii) The alignment of activities of the Manufacturing USA Program and the Manufacturing USA institutes with the activities of regional technology hubs designated under this subsection, if applicable.

removed “(2) Coordination with Department of Energy programs—The Secretary shall, in coordination with the Secretary of Energy, coordinate the activities and selection of regional technology hubs designated under subsection (b)(1)(A) with activities at the Department of Energy and the National Laboratories that were in effect on the day before the date of the enactment of the Endless Frontier Act, to the degree that doing so does not diminish the effectiveness of the ongoing activities or mission of the Department of Energy and the National Laboratories.

removed “(3) Interagency collaboration

removed “(A) In general—In selecting and assisting regional technology hubs designated under subsection (b)(1)(A), the Secretary—

removed “(i) shall collaborate, to the extent possible, with the interagency advisory committee established under subparagraph (B);

removed “(ii) shall collaborate with Federal departments and agencies whose missions contribute to the goals of the regional technology hub; and

removed “(iii) may accept funds from other Federal agencies to support grants and activities under this title.

removed “(B) Interagency coordinating council

removed “(i) Establishment—The Secretary shall establish an interagency coordinating council to coordinate with the Secretary in the designation of regional technology hubs under subparagraph (A) of subsection (b)(1) and in the selection of eligible consortia to receive support under subparagraph (B) of such subsection.

removed “(ii) Composition—The interagency coordinating council established under clause (i) shall be composed of the following (or their designees):

removed “(I) The Secretary of Commerce.

removed “(II) The Secretary of Education.

removed “(III) The Administrator of the Small Business Administration.

removed “(IV) The Deputy Secretary for Housing and Urban Development.

removed “(V) The Director of the Community Development Financial Institution Fund.

removed “(VI) The Director of the National Science Foundation.

removed “(VII) The Director of the National Institute of Standards and Technology.

removed “(VIII) The Director of the National Economic Council.

removed “(IX) The Assistant Secretary of Commerce for Economic Development.

removed “(X) The Assistant Secretary for Employment and Training.

removed “(XI) The Director of the Office of Science and Technology Policy.

removed “(XII) The Under Secretary of Defense for Research and Engineering.

removed “(XIII) The Under Secretary of Defense for Acquisition and Sustainment.

removed “(XIV) The Under Secretary for Science of the Department of Energy.

removed “(XV) The Director of the National Institutes of Health.

removed “(XVI) The Under Secretary for Science and Technology of the Department of Homeland Security.

removed “(XVII) The Administrator of the National Aeronautics and Space Administration.

removed “(XVIII) The Director of the Office of Management and Budget.

removed “(XIX) Such other Federal officials as the Secretary of Commerce considers appropriate.

removed “(iii) Chairperson—The Secretary shall be the chairperson of the interagency coordinating council established under clause (i).

removed “(4) Setting goals for Federally funded regions served by research in regional technology hubs

removed “(A) In general—The Director of the Office of Science and Technology Policy and the Director of the Office of Management and Budget shall coordinate with the each head of a Federal agency that conducts research to set goals for at least doubling the amount of federally funded research awarded, as in effect on the day before the date of the enactment of the Endless Frontier Act, to regions served by regional technology hubs designated under subsection (b)(1)(A).

removed “(B) Annual reports—Not less frequently than once each year, the Director of the Office of Science and Technology Policy and the Director of the Office of Management and Budget shall submit to the appropriate committees of Congress an annual report on progress made relating to the goals set under subparagraph (A).

removed “(i) Performance measurement, transparency, and accountability

removed “(1) Metrics, standards, and assessment—For each grant and cooperative agreement awarded under subsection (e)(1) for a regional technology hub, the Secretary shall—

removed “(A) develop metrics to assess the effectiveness of the activities funded in making progress toward the purposes set forth under subsection (b)(2), which may include—

removed “(i) research supported in a key technology focus area;

removed “(ii) commercialization activities undertaken by each regional technology hub that is designated and supported under subsection (b)(1);

removed “(iii) educational and workforce development improvements undertaken by each regional technology hub that is designated and supported under subsection (b)(1);

removed “(iv) sources of matching funds for each regional technology hub that is designated and supported under subsection (b)(1); and

removed “(v) domestic job creation, patent awards, and business formation and expansion relating to the activities of the regional technology hub that is designated and supported under subsection (b)(1);

removed “(B) establish standards for the performance of the regional technology hub that are based on the metrics developed under subparagraph (A); and

removed “(C) 4 years after the initial award under subsection (e)(1) and every 2 years thereafter until Federal financial assistance under this section for the regional technology hub is discontinued, conduct an assessment of the regional technology hub to confirm whether the performance of the regional technology hub is meeting the standards for performance established under subparagraph (B) of this paragraph.

removed “(2) Final reports by recipients of assistance

removed “(A) In general—The Secretary shall require each eligible consortium that receives a grant or cooperative agreement under subsection (e)(1) for support of a regional technology hub, as a condition of receipt of such grant or cooperative agreement, submit to the Secretary, not later than 90 days after the last day of the term of the grant or cooperative agreement, a report on the activities of the regional technology hub supported by the grant or cooperative agreement.

removed “(B) Contents of report—Each report submitted by an eligible consortium under subparagraph (A) shall include the following:

removed “(i) A detailed description of the activities carried out by the eligible consortium using the assistance described in subparagraph (A), including the following:

removed “(I) A description of each project the eligible consortium completed using such assistance.

removed “(II) An explanation of how each project described in subclause (I) achieves a specific goal under this section in the region of the regional technology hub of the eligible consortium with respect to—

removed “(aa) the resiliency of a supply chain;

removed “(bb) research, development, and deployment of a critical technology;

removed “(cc) workforce training and development;

removed “(dd) domestic job creation; or

removed “(ee) entrepreneurship.

removed “(ii) A discussion of any obstacles encountered by the eligible consortium in the implementation of the regional technology hub and how the eligible entity overcame those obstacles.

removed “(iii) An evaluation of the success of the projects supported by the eligible consortium to implement the regional technology hub using the performance standards and measures established under paragraph (1), including an evaluation of the planning process and how the project contributes to carrying out the comprehensive strategy for the regional technology hub if the regional technology hub has such a strategy.

removed “(iv) The effectiveness of the eligible consortium in ensuring that, in the region of the eligible consortium's regional technology hub, growth in technology and innovation sectors produces broadly shared opportunity across the region, including for economic disadvantaged and underrepresented populations and rural areas.

removed “(v) Information regarding such other matters as the Secretary may require.

removed “(3) Interim reports by recipients of assistance—In addition to requiring submittal of final reports under paragraph (2)(A), the Secretary may require an eligible consortium described in such paragraph to submit to the Secretary such interim reports as the Secretary considers appropriate.

removed “(4) Annual reports to Congress—Not less frequently than once each year, the Secretary shall submit to the appropriate committees of Congress an annual report on the results of the assessments conducted by the Secretary under paragraph (1)(C) during the period covered by the report.

removed “(j) Authorization of appropriations—There is authorized to be appropriated to the Secretary to carry out this section $9,425,000,000 for the period of fiscal years 2022 through 2026.”

removed The Stevenson-Wydler Technology Innovation Act of 1980 (Public Law 96–480; 15 U.S.C. 3701 et seq.), as amended by section 7, is further amended, by inserting after section 28, as added by such section, the following:

removed “29. Comprehensive regional technology strategy grant program

removed “(a) Definitions—In this section:

removed “(1) Labor organization—The term labor organization has the meaning given such term in section 8A(a) of the National Science Foundation Act of 1950.

removed “(2) Regional technology hub—The term regional technology hub means a consortium designated as a regional technology hub under section 28(b)(1)(A).

removed “(3) Small and rural communities; mid-sized metropolitan communities; large metropolitan communities—The terms small and rural communities, mid-sized metropolitan communities, and large metropolitan communities have the meanings given such terms in section 28(a).

removed “(4) Technology and innovation sectors critical to national and economic security—The term technology and innovation sectors critical to national and economic security means technology and innovation sectors that the Secretary determines are critical to national and economic security.

removed “(b) Grant program required—The Secretary shall establish a program to award grants to eligible consortia to carry out projects—

removed “(1) to coordinate locally defined planning processes, across jurisdictions and agencies, relating to developing a comprehensive regional technology strategy;

removed “(2) to identify regional partnerships for developing and implementing a comprehensive regional technology strategy;

removed “(3) to conduct or update assessments to determine regional needs and promote economic and community development related to the resiliency of a domestic supply chains, competitiveness of the region, and domestic job creation in technology and innovation sectors critical to national and economic security;

removed “(4) to develop or update goals and strategies to implement an existing comprehensive regional plan related to enhancing the resiliency of domestic supply chains, competitiveness of the region, and domestic job creation in technology and innovation sectors critical to national and economic security; and

removed “(5) to identify local zoning and other code changes necessary to implement a comprehensive regional technology strategy, including promoting sustainable development within the identified region.

removed “(c) Eligible consortia—For purposes of this section, an eligible consortium is any consortium described by section 28(c).

removed “(d) Grants

removed “(1) Diversity of recipients—In awarding grants under this section, the Secretary shall ensure geographic diversity among, and adequate representation from, each of the following:

removed “(A) Small and rural communities.

removed “(B) Mid-sized metropolitan communities.

removed “(C) Large metropolitan communities.

removed “(2) Awards to small and rural communities

removed “(A) In general—Except as provided in subparagraph (B), the Secretary shall—

removed “(i) award not less than 25 percent of the funds under this section to eligible consortia that represent all or part of a small and rural community; and

removed “(ii) ensure diversity among the geographic regions and the size of the population of the communities served by recipients of grants that are eligible consortia that represent all or part of a small and rural community.

removed “(B) Insufficient applications—If the Secretary determines that an insufficient number of sufficient quality applications for grants under this section have been submitted by eligible consortia that represent all or part of a small and rural community, the Secretary may reduce the percentage threshold set forth in subparagraph (A)(i).

removed “(3) Federal share

removed “(A) In general—Except as provided in subparagraph (B), the Federal share of the cost of a project carried out using a grant awarded under this section may not exceed 80 percent.

removed “(B) Exceptions

removed “(i) Small and rural communities—In the case of an eligible consortium that represents all or part of a small and rural community, the Federal share of the cost of a project carried out using a grant awarded under this section may be up to 90 percent of the total cost of the project.

removed “(ii) Indian Tribes—In the case of an eligible consortium that is led by a Tribal government, the Federal share of the cost of a project carried out using a grant under the grant awarded under this section may be up to 100 percent of the total cost of the project.

removed “(C) Non-Federal share

removed “(i) In-kind contributions—For the purposes of this paragraph, in-kind contributions may be used for all or part of the non-Federal share of the cost of a project carried out using a grant awarded under this section.

removed “(ii) Other Federal funding—Federal funding from sources other than a grant awarded under this section may not be used for the non-Federal share of the cost of a project carried out using a grant under this section.

removed “(4) Availability and obligation of grant amounts

removed “(A) In general—An eligible consortium that receives a grant under this section shall, as a condition on receipt of grant amounts—

removed “(i) obligate any grant amounts received under this section not later than 1 year after the date on which the eligible consortium enters into an agreement under subsection (g); and

removed “(ii) expend any grant amounts received under this section not later than 2 years after the date on which the eligible consortium enters into an agreement under subsection (g).

removed “(B) Unobligated amounts—After the date described in subparagraph (A)(i), any amounts awarded to an eligible consortium under this section that remain unobligated by the eligible consortium shall be returned to the Secretary and made available to the Secretary for the award of grants to other eligible consortia under this section.

removed “(e) Application

removed “(1) In general—An eligible consortium seeking a grant under this section shall submit to the Secretary an application therefor at such time and in such manner as the Secretary shall prescribe.

removed “(2) Contents—Each application submitted under paragraph (1) shall include the following:

removed “(A) A description of the boundaries of the region served by the eligible consortium.

removed “(B) A description of the research, technology development, or manufacturing concentration of the eligible consortium.

removed “(C) A general assessment of the local industrial ecosystem of the region described in subparagraph (A), which may include assessment of workforce and training, including partnerships with labor organizations, supplier network, research and innovation, infrastructure and site development, trade and international investment, operational improvements, and capital access components needed for manufacturing activities in such region.

removed “(D) A description of how a grant under this section may assist in developing components of such local industrial ecosystem (selected by the consortium), including descriptions of—

removed “(i) investments to address gaps in such ecosystem; and

removed “(ii) how to make the research, technology development, and manufacturing of the region of the consortium uniquely competitive.

removed “(E) A description of the process by which a comprehensive regional technology strategy will be developed by the eligible consortium to address gaps in such local industrial ecosystem and to strengthen the resiliency of supply chains, competitiveness of the identified region, and domestic job creation in technology and innovation sectors critical to national and economic security.

removed “(F) A budget for the projects that the eligible consortium plans to carry out using grant amounts awarded under this section, including the anticipated Federal share of the cost of each project and a description of the sources of the non-Federal share.

removed “(G) The designation of a lead agency or organization, which may be the eligible consortium, to receive and manage any funds received by the eligible consortium under this section.

removed “(H) A signed copy of a memorandum of understanding among members of the eligible consortium that demonstrates—

removed “(i) the creation of an eligible consortium;

removed “(ii) a description of the nature and extent of planned collaboration between members of the eligible consortium; and

removed “(iii) a commitment to develop a comprehensive regional technology strategy.

removed “(I) Such other matters as the Secretary considers appropriate.

removed “(3) Evaluation of applications—The Secretary shall evaluate each application received under paragraph (1) to determine whether the applicant demonstrates—

removed “(A) a significant level of regional cooperation in their proposal;

removed “(B) a focus on building a regional ecosystem to attract and build upon research investment to develop, deploy, and manufacture domestically critical technologies that improve the resiliency of supply chains, competitiveness of the identified region, and the creation of quality jobs;

removed “(C) the extent to which the consortium has developed partnerships throughout an entire region, including, as appropriate, partnerships with federally funded research and development centers, National Laboratories, Federal laboratories, Manufacturing USA institutes described in section 34(d) of the National Institute of Standards and Technology Act (15 U.S.C. 278s(d)), university technology centers established under paragraph (6) of section 8A(d) of the National Science Foundation Act of 1950, the program established under paragraph (7) of such section 8A(d), test beds established and operated under paragraph (8) of such section 8A(d), or other Federal research entities;

removed “(D) integration with local efforts in inclusive economic development and job creation;

removed “(E) a plan for implementing a comprehensive regional technology strategy through regional infrastructure, workforce, and supply chain investment plans and local land use plans;

removed “(F) diversity among the geographic regions and the size of the population of the communities served by recipients of grants under this section;

removed “(G) a commitment to seeking substantial public input during the planning process and public participation in the development of the comprehensive regional plan;

removed “(H) a plan to support the creation and growth of new companies; and

removed “(I) such other qualities as the Secretary considers appropriate.

removed “(f) Use of grant funds—An eligible consortium that receives a grant under this section shall use the amount of such grant to carry out a project that includes 1 or more of the following activities:

removed “(1) Coordinating locally defined planning processes across jurisdictions and agencies.

removed “(2) Identifying potential regional partnerships for developing and implementing a comprehensive regional technology strategy.

removed “(3) Conducting or updating assessments to determine regional needs, which may include—

removed “(A) workforce development;

removed “(B) supply chain development;

removed “(C) increasing innovation readiness, including expanding research and technology development facilities and developing the local science, technology, engineering, and mathematics workforce;

removed “(D) site preparation;

removed “(E) community and economic development to start new companies and to attract and support workers and firms; and

removed “(F) and other such needs as determined by the consortium.

removed “(4) Developing or updating—

removed “(A) a comprehensive regional plan; or

removed “(B) goals and strategies to implement an existing comprehensive regional plan for the purposes of strengthening domestic supply chain resiliency, competitiveness, and job creation in critical technology and innovation sectors for national and economic security.

removed “(5) Implementing local zoning and other code changes necessary to implement a comprehensive regional plan and promote sustainable development.

removed “(g) Grant agreement—Each eligible consortium that receives a grant under this section shall, as a condition on receipt of grant amounts, agree to establish, in coordination with the Secretary, performance measures, reporting requirements, and such other requirements as the Secretary determines are necessary, that must be met at the end of each year in which the eligible consortium receives funds under this section.

removed “(h) Reports by recipients of grants

removed “(1) Final reports—Not later than 90 days after the date on which a grant agreement into which an eligible consortium entered under subsection (g) expires, the eligible consortium shall submit to the Secretary a final report on the project the eligible consortium carried out under subsection (f) using the amounts of the grant awarded to the eligible consortium under this section.

removed “(2) Contents—Each report submitted under paragraph (1) shall include the following:

removed “(A) A detailed explanation of the activities undertaken using the grant, including an explanation of how the comprehensive regional technology strategy of the eligible consortium may achieve specific improvements in domestic supply chain resiliency, research, development, and deployment of critical technologies, workforce development, domestic job creation, and entrepreneurship goals within the region served by the eligible consortium.

removed “(B) A discussion of any obstacles encountered in the planning process of the eligible consortium and how the eligible consortium overcame the obstacles.

removed “(C) An evaluation of the success of the project using the performance standards and measures established under subsection (g), including an evaluation of the planning process and how the project contributes to carrying out the comprehensive regional technology strategy.

removed “(D) The progress of the region identified by the consortium toward becoming a regional technology hub.

removed “(E) The effectiveness of the region identified by the consortium in ensuring that growth in innovation sectors produces broadly shared opportunity in the region.

removed “(F) Such other information as the Secretary may require.

removed “(3) Interim reports—The Secretary may require, as a condition on receipt of a grant under this section, an eligible consortium to submit an interim report, before the date on which a project for which a grant is awarded under this section is completed.

removed “(i) Technical assistance for grant recipients and applicants—The Secretary may—

removed “(1) coordinate with other Federal agencies to establish interagency and multidisciplinary teams to provide technical assistance to recipients of, and prospective applicants for, grants under this section;

removed “(2) by Federal interagency agreement, transfer funds to another Federal agency to facilitate and support the provision of such technical assistance; and

removed “(3) enter into contracts with third parties to provide technical assistance to grant recipients and prospective applicants for grants under this section.

removed “(j) Authorization of appropriations

removed “(1) Authorization—There are authorized to be appropriated to the Secretary for the award of grants under this section, to remain available until expended, amounts as follows:

removed “(A) $100,000,000 for each of fiscal years 2022 and 2023.

removed “(B) $125,000,000 for each of fiscal years 2024 through 2026.

removed “(2) Technical assistance—The Secretary may use not more than 5 percent of the amounts made available under this subsection for a fiscal year for technical assistance under subsection (i).”

removed The Director of the Office of Science and Technology Policy, the Director of the National Economic Council, the Director of the Office of Management and Budget, the Director of the National Science Foundation, the Secretary of Commerce, and the Secretary of Energy shall, as applicable, coordinate with respect to activities of—

removed No person published on the list under section 1237(b) of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (Public Law 105–261; 50 U.S.C. 1701 note) or entity identified under section 1260H of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) may receive or participate in any grant, award, program, support, or other activity under—