Sec. 3. National Science and Technology Foundation

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Section 2 of the Act of May 10, 1950 (64 Stat. 149, chapter 171; 42 U.S.C. 1861 ), is amended— in the section heading, by inserting after and technology ; and science by striking the National Science Foundation and inserting the National Science and Technology Foundation . Any reference in any law, rule, regulation, certificate, directive, instruction, or other official paper in force on the date of enactment of this Act to the National Science Foundation shall be considered to refer and apply to the National Science and Technology Foundation.

Section 6 of the Act of May 10, 1950 (64 Stat. 149, chapter 171; 42 U.S.C. 1864a ), is amended— in the section heading, by striking and inserting Deputy Director ; Deputy Directors in the first sentence— by striking a Deputy Director and inserting 2 Deputy Directors ; and by inserting and in accordance with the expedited procedures established under S. Res. 116 (112th Congress) after the Senate ; in the third sentence, by striking The Deputy Director shall receive and inserting Each Deputy Director shall receive ; by inserting after the third sentence the following:

The Deputy Director for Technology shall oversee, and perform duties relating to, the Directorate for Technology of the Foundation, as established under section 8A, and the Deputy Director for Science shall oversee, and perform duties relating to, the other activities and directorates supported by the Foundation. ; and in the last sentence, by striking The Deputy Director shall act and inserting The Deputy Director for Science shall act . The Act of May 10, 1950 (64 Stat. 149, chapter 171; 42 U.S.C. 1861 et seq.), is amended— in section 8 ( 42 U.S.C. 1866 ), by inserting at the end the following:

Such divisions shall include the Directorate for Technology established under section 8A. ; and by inserting after section 8 the following: In this section: The term Deputy Director means the Deputy Director for Technology. 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— not less than 30 days of advance notification and explanation to the relevant congressional committees before the designation; and in-person briefings to such committees, if requested during the 30-day advance notification period described in subparagraph (A).

The term Directorate means the Directorate for Technology established under subsection (b). 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) ). The term key technology focus areas means the areas included on the most recent list under subsection (c)(2). The term relevant congressional committees means— the Committee on Armed Services, the Committee on Commerce, Science, and Transportation, the Committee on Appropriations, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate; and 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.

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. The Directorate shall carry out the duties and responsibilities described in this section, in order to further the following goals: Strengthening the leadership of the United States in critical technologies through fundamental research in the key technology focus areas. 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.

Consistent with the operations of the Foundation, fostering the economic and societal impact of federally funded research and development through an accelerated translation of fundamental advances in the key technology focus areas into processes and products 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.

The Directorate shall be headed by the Deputy Director. The Director shall have the authority to carry out a program of personnel management authority for the Directorate 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. In addition to the authority provided under clause (i), the Director shall have the authority to carry out a program of personnel management authority for the Directorate 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.

To the extent needed to carry out the duties in paragraph (1), the Director shall 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.

The employees of the Directorate may include program managers for the key technology focus areas, who shall perform a role similar to programs managers employed by the Defense Advanced Research Projects Agency for the oversight and selection of programs supported by the Directorate. Recipients of support under the programs and activities of the Directorate shall be selected by program managers or other employees of the Directorate. The Directorate may use a peer review process to inform the decisions of program managers or other employees.

The Director may appoint 1 or more Assistant Directors for the Directorate as the Director determines necessary, in the same manner as other Assistant Directors of the Foundation are appointed. 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. The Director, acting through the Deputy Director, shall— advance innovation in the key technology focus areas through fundamental research and other activities described in this section; and 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 subparagraphs

(A)through

(C)of subsection (b)(1) consistent with the most recent report conducted under section 5(b) of the Endless Frontier Act . The initial key technology focus areas are— artificial intelligence and machine learning; high performance computing, semiconductors, and advanced computer hardware; quantum computing and information systems; robotics, automation, and advanced manufacturing; natural or anthropogenic disaster prevention; advanced communications technology; biotechnology, genomics, and synthetic biology; cybersecurity, data storage, and data management technologies; advanced energy; and materials science, engineering, and exploration relevant to the other key technology focus areas described in this subparagraph. Beginning on the date that is 4 years after the date of enactment of the Endless Frontier Act , and every 4 years thereafter, the Director, acting through the Deputy Director— shall, in consultation with the Board of Advisors, review the list of key technology focus areas; and as part of that review, may add or delete key technology focus areas if 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). Not more than 10 key technology focus areas shall be included on the list of key technology focus areas at any time. Upon the completion of each review under this subparagraph, the Director shall make the list of key technology focus areas readily available and publish the list in the Federal Register, even if no changes have been made to the prior list. In carrying out the duties and functions of the Directorate, the Director, acting through the Deputy Director, may— award grants, cooperative agreements, and contracts to— individual institutions of higher education for work at centers or by individual researchers; not-for-profit entities; and consortia that— shall include and be led by an institution of higher education, and may include 1 or more additional institutions of higher education; may include 1 or more entities described in subclause

(I)or

(II)and, if determined appropriate by the Director, for-profit entities, including small businesses; and may include 1 or more entities described in subclause

(I)or

(II)from treaty allies and security partners of the United States; provide funds to other divisions of the Foundation, including— to the other directorates of the Foundation to pursue basic questions about natural and physical phenomena that could enable advances in the key technology focus areas; to the Directorate for Social, Behavioral, and Economic Sciences to study questions that could affect the design, operation, deployment, or the social and ethical consequences of technologies in the key technology focus areas; and to the Directorate for Education and Human Resources to further the creation of a domestic workforce capable of advancing the key technology focus areas; provide funds to other Federal research agencies, including the National Institute of Standards and Technology, for intramural or extramural work in the key technology focus areas; 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) ) in the same manner as awards under such programs are made by the Director of the Foundation; administer prize challenges under section 24 of the Stevenson-Wydler Technology Innovation Act of 1980 ( 15 U.S.C. 3719 ) in the key technology focus areas, in order to expand public-private partnerships beyond direct research funding; and enter into and perform such contracts, including cooperative research and development arrangements and grants and cooperative agreements or other transactions, as may be necessary in the conduct of the work of the Directorate and on such terms as the Deputy Director considers appropriate, in furtherance of the purposes of this Act. Not later than 180 days after the date of enactment of the Endless Frontier Act , the Director shall prepare and submit to the relevant congressional committees a spending plan for the next 5 years for each of the activities described in subparagraph (A), including— a plan to seek out additional investments from— certain designated countries; and if appropriate, private sector entities; and 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 ). Each year, the Director shall formally request a briefing from the Director of the Federal Bureau of Investigation and the Director of the National Counterintelligence and Security Center regarding their efforts to preserve the United States advantages generated by the activity of the Directorate. In carrying out this section, the Director and other Federal research agencies shall work cooperatively with each other to further the goals of this section in the key technology focus areas. Each year, the Director shall prepare and submit a report to Congress, and shall simultaneously submit the report to 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— any funds provided under paragraph (3)(A)(ii) to other divisions of the Foundation; and any funds provided under paragraph (3)(A)(iii) to other Federal research agencies. The Director, acting through the Directorate, shall fund undergraduate scholarships, graduate fellowships and traineeships, and postdoctoral student awards in the key technology focus areas. The Director may carry out subparagraph

(A)by providing funds— to the Directorate for Education and Human Resources of the Foundation for— awards directly to students; and grants or cooperative agreements to institutions of higher education, including those institutions involved in operating university technology centers established under paragraph (6); and to programs in Federal research agencies that have experience awarding such scholarships, fellowships, traineeships, or postdoctoral awards. 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. From amounts made available to the Directorate, the Director shall, through a competitive application and selection process, award grants to or enter into cooperative agreements with institutions of higher education or consortia described in paragraph (3)(A)(i)(III) to establish university technology centers. A center established under a grant or cooperative agreement under subparagraph (A)— shall use support provided under such subparagraph— to carry out fundamental research to advance innovation in the key technology focus areas; and to further the development of innovations in the key technology focus areas, including— innovations derived from research carried out under item (aa), through such activities as proof-of-concept development and prototyping, in order to reduce the cost, time, and risk of commercializing new technologies; and through the use of public-private partnerships; and may use support provided under such subparagraph— for the costs of equipment, including mid-tier infrastructure, and the purchase of cyberinfrastructure resources, including computer time; or for other activities or costs necessary to accomplish the purposes of this section. Each center established under subparagraph

(A)may support and participate in, as appropriate, the activities of any regional technology hub designated under section 27(d) of the Stevenson-Wydler Technology Innovation Act of 1980 ( 15 U.S.C. 3722(d) ). The Director shall ensure that any institution of higher education or consortium receiving a grant or cooperative agreement under subparagraph

(A)has demonstrated an ability to advance the goals described in subsection (b)(1). The Director shall establish a program in the Directorate to award grants, on a competitive basis, to institutions of higher education or consortia described in paragraph (3)(A)(i)(III)— to build capacity at an institution of higher education and in its surrounding region to increase the likelihood that new technologies in the key technology focus areas will succeed in the commercial market; and with the goal of promoting experiments with a range of models that institutions of higher education could use to— enable new technologies to mature to the point where the technologies are more likely to succeed in the commercial market; and reduce the risks to commercial success for new technologies earlier in their development. A grant awarded under this subparagraph for a purpose described in clause

(i)or

(ii)may also enable the institution of higher education or consortium to provide training and support to scientists and engineers who are interested in research and commercialization, if the use is included in the proposal submitted under subparagraph (B). An institution of higher education or consortium desiring a grant 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— the steps the applicant will take to reduce the risks for commercialization for new technologies; why such steps are likely to be effective; and how such steps differ from previous efforts to reduce the risks for commercialization for new technologies. A recipient of a grant under this paragraph shall use grant funds to reduce the risks for commercialization for new technologies developed on campus, which may include— creating and funding competitions to allow entrepreneurial ideas from institutions of higher education to illustrate their commercialization potential; facilitating mentorships between local and national business leaders and potential entrepreneurs to encourage successful commercialization; creating and funding for-profit or not-for-profit entities that could enable researchers at institutions of higher education to further develop new technology prior to seeking commercial financing, through patient funding, advice, staff support, or other means; providing off-campus facilities for start-up companies where technology maturation could occur; and revising institution policies to accomplish the goals of this paragraph. The Director, acting through the Deputy Director, shall establish a program in the Directorate to award grants, on a competitive basis, to institutions of higher education or consortia described in paragraph (3)(A)(i)(III) to establish test beds and fabrication facilities to advance the operation, integration 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 existing and new companies. A proposal submitted under this paragraph shall, at a minimum, describe— the 1 or more technologies that will be the focus of the test bed or fabrication facility; the goals of the work to be done at the test bed or facility; and the expected schedule for completing that work; how the applicant will assemble a workforce with the skills needed to operate the test bed or facility; how the applicant will ensure that work in the test bed or facility will contribute to the commercial viability of any technologies, which may include collaboration and funding from industry partners; how the applicant will encourage the participation of entrepreneurs and the development of new businesses; and how the test bed or facility will operate after Federal funding has ended. Grants made under this paragraph— shall be for 5 years, with the possibility of one 3-year extension; and may be used for the purchase of equipment, the support of graduate students and postdoctoral researchers, and the salaries of staff. As a condition of receiving a grant under this paragraph, an institution of higher education or consortium shall publish and share with the public the results of the work conducted under this paragraph. Section 5(e)(1) shall not apply to grants, contracts, or other arrangements made under this section. There is established in the Foundation a Board of Advisors for the Directorate (referred to in this section as the Board of Advisors ), which shall provide advice to the Deputy Director pursuant to this subsection. The Board of Advisors shall not have any decision-making authority. The Board of Advisors shall be comprised of 12 members representing scientific leaders and experts from industry and academia, of whom— two shall be appointed by the majority leader of the Senate; two shall be appointed by the minority leader of the Senate; two shall be appointed by the Speaker of the House of Representatives; two shall be appointed by the minority leader of the House of Representatives; and four shall be appointed by the Director. Before appointing any member under subparagraph (A), the appointing authority shall provide an opportunity for the National Academies of Sciences, Engineering, and Medicine and other entities to provide advice regarding potential appointees. Each member appointed under subparagraph

(A)shall— have extensive experience in a field related to the work of the Directorate or other expertise relevant to developing technology roadmaps; and have, or be able to obtain within a reasonable period of time, a security clearance appropriate for the work of the Board of Advisors. The process of obtaining a security clearance under clause (i)(II) may be expedited by the head of the appropriate Federal agency to enable the Board to receive classified briefings on the current and future technological capacity of other nations, and on the military implications of civilian technologies. The appointments of the members of the Board of Advisors shall be made not later than 90 days after the date of enactment of the Endless Frontier Act . A member of the Board of Advisors shall be appointed for a 3-year term, except that the Deputy Director shall adjust the terms for the first members of the Board of Advisors so that, within each appointment category described in clauses

(i)through

(v)of paragraph (2)(A), the terms expire on a staggered basis. A member of the Board of Advisors shall not serve for more than 2 full consecutive terms. Any vacancy in the Board of Advisors— shall not affect the powers of the Board of Advisors; and shall be filled in the same manner as the original appointment. The members of the Board of Advisors shall elect 1 member to serve as the chairperson of the Board of Advisors. Not later than 180 days after the date of enactment of the Endless Frontier Act , the Board of Advisors shall hold the first meeting of the Board of Advisors. After the first meeting of the Board of Advisors, the Board of Advisors shall meet upon the call of the chairperson or of the Director, and at least once every 180 days for the duration of the Board of Advisors. The Board of Advisors shall hold a joint meeting with the National Science Board on at least an annual basis, on a date mutually selected by the chairperson of the Board of Advisors and the Chairman of the National Science Board. A majority of the members of the Board of Advisors shall constitute a quorum, but a lesser number of members may hold hearings. The Board of Advisors shall provide advice— to the Deputy Director on programs that could best be carried out to accomplish the purposes of this section; to the Deputy Director to inform the reviews of key technology focus areas required under subsection (c)(2)(B); and on other issues relating to the purposes and responsibilities of the Directorate, as requested by the Deputy Director. The Board of Advisors shall not provide advice on or otherwise help determine what entities shall receive grants, contracts, or cooperative agreements under this Act. The Board of Advisors may hold public or private hearings, sit and act at such times and places, take such testimony and receive such evidence (including classified testimony and evidence), and administer such oaths as may be necessary to carry out the functions of the Board of Advisors under paragraph (6). Each Federal department or agency shall, in accordance with applicable procedures for the handling of classified information, provide reasonable access to documents, statistical data, and other such information that the Deputy Director, in consultation with the chairperson of the Board of Advisors, determines necessary to carry out its functions under paragraph (6). If the Board of Advisors, acting through the chairperson, seeks classified information from a Federal department or agency, the Deputy Director shall submit a written request to the head of the Federal department or agency for access to classified documents and statistical data, and other classified information described in clause (i), that is under the control of such agency. Each member of the Board of Advisors shall be required to file a financial disclosure report under title I of the Ethics in Government Act of 1978, except that such reports shall be held confidential and exempt from any law otherwise requiring their public disclosure. A member of the Board of Advisors shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the performance of the duties of the Board of Advisors. No member of the Board of Advisors may be an officer or employee of the United States during the member's term on the Board of Advisors. A member of the Board of Advisors shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their home or regular places of business in the performance of services for the Board of Advisors. The Deputy Director, in consultation with the chairperson of the Board of Advisors, shall assign an employee of the Foundation to serve as an executive director for the Board of Advisors. Any Federal Government employee may be detailed to the Board of Advisors without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. The Deputy Director shall establish procedures and policies to enable an employee of an office, agency, or other entity in the legislative branch of the Government to support the activities of the Board of Advisors. The chairperson of the Board of Advisors, with approval from the Deputy Director, may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of that title. A Federal department or agency may provide to the Board of Advisors such services, funds, facilities, staff, and other support services as the department or agency may determine advisable and as may be authorized by law. Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Board of Advisors. Subject to the availability of funds under subsection (f), the Director shall, for each fiscal year, use— not less than 35 percent of funds provided to the Directorate for such year to carry out subsection (c)(6); not less than 15 percent of such funds to carry out subsection (c)(5) with the goal of awarding, across the key technology focus areas— not fewer than 1,000 post-doctorate fellowships; not fewer than 2,000 graduate fellowships and traineeships; not fewer than 1,000 undergraduate scholarships; and if funds remain after carrying out subparagraphs

(A)through (C), grants 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; not less than 5 percent of such funds to carry out subsection (c)(7); not less than 10 percent of such funds to carry out subsection (c)(8) by establishing and equipping test beds and fabrication facilities; and not less than 15 percent of such funds to carry out research and related activities pursuant to subclauses

(I)and

(II)of subsection (c)(3)(A)(ii). There are authorized to be appropriated for the Directorate, in addition to any other funds made available to the Directorate, a total of $100,000,000,000 for fiscal years 2021 through 2025, of which— $2,000,000,000 is authorized for fiscal year 2021; $8,000,000,000 is authorized for fiscal year 2022; $20,000,000,000 is authorized for fiscal year 2023; $35,000,000,000 is authorized for fiscal year 2024; and $35,000,000,000 is authorized for fiscal year 2025. No funds shall be appropriated to the Directorate or to carry out 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. The Director shall not transfer any funds appropriated to any other directorate or office of the Foundation to the Directorate. . Not later than 10 days after the date on which the budget of the President for a fiscal year is submitted to Congress pursuant to section 1105 of title 31, United States Code, the Director shall submit to the President and to Congress a report on the unfunded priorities of the National Science and Technology Foundation. Each report submitted under paragraph

(1)shall provide— for each directorate of the National Science Foundation for the most recent, fully completed fiscal year— the proposal success rate; the percentage of proposals that were not funded and that met the criteria for funding; and the most promising research areas covered by proposals described in clause (ii); and a list, in order of priority, of the next activities that should be undertaken in the Major Research Equipment and Facilities Construction account.

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