Sec. 3. Improving technology and innovation research at the National Science Foundation

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Section 11 of the National Science Foundation Act of 1950 ( 42 U.S.C. 1870 ) is amended— in subsection (j), by striking and after the semicolon; in subsection (k), by striking the period at the end and inserting ; and ; and by adding at the end the following: provide for the widest practicable and appropriate dissemination of information within the United States concerning the Foundation’s activities and the results thereof. . The National Science Foundation Act of 1950 ( 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 and Innovation established under section 8A. ; and by inserting after section 8 the following: In this section: 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) ). 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 and Innovation established under subsection (b). 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. The term Federal research facility includes a research laboratory of the Department of Agriculture and any other Federally funded research and development center.

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 )). 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 (d)(2). 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— any organization composed of labor organizations, such as a labor union federation or a State or municipal labor body; and 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— individuals employed by the United States, any wholly owned Government corporation, any Federal Reserve Bank, or any State or political subdivision thereof; individuals employed by persons subject to the Railway Labor Act ( 45 U.S.C. 151 et seq.); or individuals employed as agricultural laborers.

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) ). 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 ). The term relevant congressional committees means— 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 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.

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). 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) ). The term underrepresented populations means women, minorities, veterans, tribal populations, persons with disabilities, and other populations that are underrepresented in STEM.

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: 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.

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

Utilizing the full potential of the United States workforce by encouraging broader participation in key technology focus areas by underrepresented populations. Ensuring the programmatic work of the Directorate and Foundation incorporates a workforce perspective from labor organizations and workforce training organizations. 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.

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.

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. The Director shall appoint an Assistant Director for the Directorate, 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. In addition to the authorities and requirements of section 15, the Director shall have the following authorities: 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.

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.

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.

The Director shall— through the Directorate, advance innovation in the key technology focus areas through basic and translational research and other activities described in this section; 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 develop and focus on innovation methods, processes, and promising practices that can affect the speed and effectiveness of innovation processes at scale.

The initial key technology focus areas are— artificial intelligence, machine learning, and other software advances; high performance computing, semiconductors, and advanced computer hardware; quantum computing and information systems; robotics, automation, and advanced manufacturing; natural and anthropogenic disaster prevention or mitigation; advanced communications technology; biotechnology, medical technology, genomics, and synthetic biology; cybersecurity, data storage, and data management technologies; advanced energy, batteries, and industrial efficiency; and advanced materials science, engineering, and exploration relevant to the other key technology focus areas described in this subparagraph.

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— shall review the list of key technology focus areas; may consider the challenges and recommendations identified in the report required by section 11 of the Endless Frontier Act ; and 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).

Not more than 10 key technology focus areas shall be included on the list of key technology focus areas at any time. 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. 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. In carrying out the duties and functions of the Directorate, the Director— may make awards in a technologically-neutral manner for key technology focus areas to— individual institutions of higher education for work at centers or by individual researchers or teams of researchers; not-for-profit entities; and consortia that— 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; shall include at least one of the following: a historically Black college or university; a Tribal College or University; another minority-serving institution; 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 ); 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 a community college; and may include 1 or more— entities described in subclause

(I)or

(II)and industries, including startups, small businesses, and public-private partnerships; 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; National Laboratories; Federal laboratories, as defined in section 4 of the Stevenson-Wydler Technology Innovation Act of 1980 ( 15 U.S.C. 3703 ); Federal research facilities; labor organizations; entities described in subclause

(I)or

(II)from allied or partner countries; other entities if determined by the Director to be vital to the success of the program; and binational research and development foundations and funds, excluding foreign entities of concern; may partner with other directorates of the Foundation for projects or research, including— to pursue basic questions about natural, human, and physical phenomena that could enable advances in the key technology focus areas; 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 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; 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; 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 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. 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— a plan to seek out additional investments from— certain designated countries; and entities other than institutions of higher education; 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 ) and section 223 of William M.

(Mac)Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ). 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. 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. 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. 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— 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 (including at community colleges), graduate fellowships and traineeships, and postdoctoral awards in the key technology focus areas. The Director may carry out subparagraph

(A)by providing funds— for making awards— directly to students; and 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 to programs in Federal research agencies that have experience awarding such scholarships, fellowships, traineeships, or postdoctoral awards. 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. 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. 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, make awards to institutions of higher education or consortia described in paragraph (3)(A)(i)(III) to establish university technology centers. A center established under an award under subparagraph (A)— shall use support provided under such subparagraph— to carry out basic and translational research to advance innovation in the key technology focus areas; and to further the development and commercialization of innovations, including inventions, in the key technology focus areas, including— 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; to promote patenting and commercialization of inventions derived from research carried out under item (aa); and through the use of public-private partnerships; and may use support provided under such subparagraph— for the costs of equipment; for the costs associated with technology transfer and commercialization, including patenting and licensing; or for other activities or costs necessary to accomplish the purposes of this section, including for operations and staff. 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. In selecting recipients under this paragraph, the Director shall consider— the capacity of the applicant to pursue and advance basic and translational research; the extent to which the applicant’s proposed research would be likely to advance American competitiveness in 1 or more key technology focus areas; the extent to which the applicant's proposal would broaden participation by underrepresented populations in those areas; the capacity of the applicant to engage industry, labor, and other appropriate organizations on any advances; whether the applicant’s proposed research will, where applicable, contribute to growth in domestic manufacturing capacity and job creation; the quality of plans for dissemination of research and technology results, in accordance with relevant export control laws; 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; how the applicant will encourage the participation of inventors and entrepreneurs and the development of new businesses, where applicable; regional and geographic diversity; in the case of a consortium, the extent to which the proposal includes institutions listed in paragraph (3)(A)(i)(III)(bb); and the amount of funds from industry organizations described in subparagraph (D)(ii) the applicant would use towards establishing the center under subparagraph (A). The Director shall ensure that any institution of higher education or consortium receiving an award under subparagraph

(A)has— the capacity or the ability to acquire the capacity to advance the goals described in subsection (b)(1); and 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). 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 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 with the goal of promoting experiments with a range of models that institutions of higher education or consortia could use to— 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 reduce the risks to commercial success for new technologies and inventions earlier in their development. 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). 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— the broader impact of the proposal; 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; why such steps are likely to be effective; how such steps differ from previous efforts to reduce the risks for commercialization for new technologies; whether the commercial viability of any new technologies will promote the creation of high-quality jobs in the United States; how the applicant will, where applicable, encourage the participation of inventors and entrepreneurs and the development of new businesses; and 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. A recipient of an award under this paragraph shall use award funds to reduce the risks for commercialization for new technologies, which may include— 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; facilitating relationships among local and national business leaders, including investors, and potential entrepreneurs to encourage successful commercialization; creating or supporting entities that could enable researchers to further develop new technology, through patient capital investment, advice, staff support, or other means; providing facilities for start-up companies where technology maturation could occur; covering legal and other fees associated with technology transfer and commercialization, including patenting and licensing; and revising institution policies, including policies related to intellectual property and faculty entrepreneurship, to accomplish the goals of this paragraph. The Director shall establish— metrics related to commercialization for an award under this paragraph; and a reporting schedule for recipients of such awards that takes into account both short- and long-term goals of the program under this paragraph. 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. 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. A proposal submitted under this paragraph shall, at a minimum, describe— the technology or 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 broad access to the facility; 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; how the applicant will encourage the participation of inventors and entrepreneurs and the development of new businesses; how the applicant will increase participation by underrepresented populations; how the applicant will demonstrate that the commercial viability of any new technologies will support the creation of high-quality domestic jobs; how the test bed or facility will operate after Federal funding has ended; and 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. Awards made under this paragraph shall be for 7 years, with the possibility of 5-year extensions. 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. An awardee under this paragraph may publish and share with the public the results of the work conducted under this paragraph. 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. Section 5(e)(1) shall not apply to grants, contracts, awards, or other arrangements made under this section. Subject to the availability of funds to carry out this section, the Director shall endeavor, for each fiscal year, to use— not less than 35 percent of funds provided to the Directorate for such year to carry out subsection (d)(6); not less than 15 percent of such funds to carry out the purpose of subsection (d)(5)— with the goal of awarding, across the key technology focus areas— not fewer than 1,000 postdoctoral awards; not fewer than 2,000 graduate fellowships and traineeships; and not fewer than 1,000 undergraduate scholarships, including scholarships to attend community colleges; 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; 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 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; not less than 5 percent of such funds to carry out subsection (d)(7); not less than 10 percent of such funds to carry out subsection (d)(8); 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 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 ). The Director may— 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; 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 enter into contracts with third parties to provide such technical assistance. 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. 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). 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. 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. No funds provided under this section shall be used for 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. . The National Science Foundation Act of 1950 ( 42 U.S.C. 1861 et seq.), as amended by subsection (b), is further amended by inserting after section 8A the following: The Director shall appoint a Chief Diversity Officer of the National Science Foundation. The Chief Diversity Officer should have significant experience with diversity and inclusion, in particular within the Federal Government and science community. The Chief Diversity Officer shall report directly to the Director in the performance of the duties of the Chief Diversity Officer under this section. 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— establishing and maintaining a strategic plan that publicly states a diversity definition, vision, and goals for the National Science Foundation; defining a set of strategic metrics that are— directly linked to key organizational priorities and goals; actionable; and actively used to implement the strategic plan under paragraph (1); 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; advising in the establishment of a strategic plan for outreach to, and recruiting from, untapped locations and underrepresented populations; and performing such additional duties and exercise such powers as the Director may prescribe. . 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 National Science Board shall submit to the President and to Congress a report on the unfunded priorities of the National Science 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 and total funding 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 approved by the National Science Board to be undertaken in the Major Research Equipment and Facilities Construction account. The Director, acting through the Directorate, shall establish a 5-year pilot program for awarding grants to eligible partnerships to build research and education capacity at emerging research institutions to enable such institutions to contribute to programs run by the Directorate. An eligible partnership seeking a grant under this subsection shall submit an application to the Director at such time, in such manner, and containing such information as the Director may reasonably require, including a statement of how the partnership will use the funds awarded through the grant to achieve a lasting increase in the research and education capacity of each emerging research institution included in the eligible partnership. An eligible partnership receiving a grant under this subsection may use the funds awarded through such grant for— faculty salaries and training; research experiences for undergraduate and graduate students; maintenance and repair of research equipment and instrumentation; and any other activities the Director determines appropriate. In this subsection: The term Director means the Director of the National Science Foundation. The terms Directorate and emerging research institution have the meanings given such terms in section 8A(a) of the National Science Foundation Act of 1950, except that, with respect to the term emerging research institution , the reference in paragraph

(4)of such section to an award under section 8A of that Act shall be deemed a reference to a grant under this subsection. The term eligible partnership means a partnership of— at least 1 emerging research institution; and at least 1 institution classified as a very high research activity by the Carnegie Classification of Institutions of Higher Education.

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