[Congressional Record Volume 167, Number 68 (Tuesday, April 20, 2021)]
[Senate]
[Pages S2070-S2085]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTION
______
By Mr. SCHUMER (for himself, Mr. Young, Ms. Hassan, Ms. Collins, Mr.
Coons, Mr. Portman, Ms. Baldwin, Mr. Graham, Mr. Peters, Mr. Blunt, Mr.
Daines, Mr. Van Hollen, Mr. Romney, and Mr. Kelly):
S. 1260. A bill to establish a new Directorate for Technology and
Innovation in the National Science Foundation, to establish a regional
technology hub program, to require a strategy and report on economic
security, science, research, innovation, manufacturing, and job
creation, to establish a critical supply chain resiliency program, and
for other purposes; to the Committee on Commerce, Science, and
Transportation.
Mr. SCHUMER. Mr. President, I ask unanimous consent that the text of
the bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 1260
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Endless Frontier Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) For over 70 years, the United States has been the
unequivocal global leader in scientific and technological
innovation, and as a result the people of the United States
have benefitted through good-paying jobs, economic
prosperity, and a higher quality of life.
(A) Today, however, this leadership position is being
eroded and challenged by foreign competitors, some of which
are stealing intellectual property and trade secrets of the
United States and aggressively investing in research and
commercialization to dominate the key existing and future
technology fields.
(B) While the United States once led the world in the share
of our economy invested in research, our Nation now ranks 9th
globally in total research and development and 12th in
publicly financed research and development.
(C) While wages for American workers rose in parallel with
growth in national productivity from the end of World War II
through most of the 1970s, since then wage growth has been
uneven and labor's share in national income has declined.
(2) Without a significant increase in investment in
research, education, technology transfer, intellectual
property, manufacturing, and other core strengths of the
United States innovation ecosystem, it is only a matter of
time before the global competitors of the United States
overtake the United States in terms of technological primacy.
The country that wins the race in key technologies--such as
artificial intelligence, quantum computing, advanced
communications, and advanced manufacturing--and uses
technological innovation to support high-quality jobs and
incomes will be the superpower of the future.
(3) The Federal Government must catalyze United States
innovation by boosting research investments focused on
discovering, creating, commercializing, and demonstrating new
technologies and manufacturing those technologies
domestically throughout the country to ensure the leadership
of the United States in the industries of the future.
(4) The distribution of innovation jobs and investment in
the United States has become largely concentrated in just a
few locations, while much of the Nation has been left out of
growth in the innovation sector. More than 90 percent of the
Nation's innovation sector employment growth in the last 15
years was generated in just 5 major metropolitan areas. The
Federal Government must address this imbalance in opportunity
by--
(A) dramatically increasing funding for science and
engineering research and expanding partnerships with the
private sector to build new technology hubs across the
country;
(B) spreading high-quality innovation sector jobs more
broadly;
(C) increasing the participation of underrepresented
populations, engaging workers, and collaborating with labor
organizations in innovation efforts to tap the talent and
potential of the entire Nation to ensure the United States
leads the industries of the future; and
(D) building regional capacity in such critical areas as
entrepreneurship, access to capital and other investment, and
supply chain development.
(5) As President Franklin D. Roosevelt stated, ``[N]ew
frontiers of the mind are before us, and if they are
pioneered with the same vision, boldness, and drive with
which we have waged this war we can create a fuller and more
fruitful employment and a fuller and more fruitful life.''
(6) As Vannevar Bush stated in his 1945 report entitled
Science, The Endless Frontier, ``New products, new
industries, and more jobs require continuous additions to
knowledge of the laws of nature, and the application of that
knowledge to practical purposes. Similarly, our defense
against aggression demands new knowledge so that we can
develop new and improved weapons. This essential, new
knowledge can be obtained only through basic scientific
research.''
(7) Since their inception, the National Science Foundation
and other key Federal agencies, like the Department of
Energy, have carried out vital work supporting basic and
applied research to create knowledge that is a key driver of
the economy of the United States and enhances the Nation's
security.
SEC. 3. IMPROVING TECHNOLOGY AND INNOVATION RESEARCH AT THE
NATIONAL SCIENCE FOUNDATION.
(a) Providing Authority to Disseminate Information.--
Section 11 of the National Science Foundation Act of 1950 (42
U.S.C. 1870) is amended--
(1) in subsection (j), by striking ``and'' after the
semicolon;
(2) in subsection (k), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(l) provide for the widest practicable and appropriate
dissemination of information
[[Page S2071]]
within the United States concerning the Foundation's
activities and the results thereof.''.
(b) Establishment of Directorate for Technology and
Innovation.--The National Science Foundation Act of 1950 (42
U.S.C. 1861 et seq.) is amended--
(1) 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
(2) by inserting after section 8 the following:
``SEC. 8A. IMPROVING RESEARCH AND ESTABLISHING DIRECTORATE
FOR TECHNOLOGY AND INNOVATION.
``(a) Definitions.--In this section:
``(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)).
``(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--
``(A) not less than 30 days of advance notification and
explanation to the relevant congressional committees before
the designation; and
``(B) in-person briefings to such committees, if requested
during the 30-day advance notification period described in
subparagraph (A).
``(3) Directorate.--The term `Directorate' means the
Directorate for Technology and Innovation established under
subsection (b).
``(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.
``(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.
``(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)).
``(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)).
``(8) Key technology focus areas.--The term `key technology
focus areas' means the areas included on the most recent list
under subsection (d)(2).
``(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--
``(A) any organization composed of labor organizations,
such as a labor union federation or a State or municipal
labor body; and
``(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--
``(i) individuals employed by the United States, any wholly
owned Government corporation, any Federal Reserve Bank, or
any State or political subdivision thereof;
``(ii) individuals employed by persons subject to the
Railway Labor Act (45 U.S.C. 151 et seq.); or
``(iii) individuals employed as agricultural laborers.
``(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)).
``(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).
``(12) Relevant congressional committees.--The term
`relevant congressional committees' means--
``(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
``(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.
``(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).
``(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)).
``(15) Underrepresented populations.--The term
`underrepresented populations' means women, minorities,
veterans, tribal populations, persons with disabilities, and
other populations that are underrepresented in STEM.
``(b) Establishment of Directorate for Technology and
Innovation.--
``(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:
``(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.
``(B) Addressing and mitigating technology challenges
integral to the geostrategic position of the United States
through the activities authorized by this section.
``(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.
``(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.
``(E) Utilizing the full potential of the United States
workforce by encouraging broader participation in key
technology focus areas by underrepresented populations.
``(F) Ensuring the programmatic work of the Directorate and
Foundation incorporates a workforce perspective from labor
organizations and workforce training organizations.
``(2) Organization and administrative matters.--
``(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.
``(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.
``(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.
``(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.
``(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.
``(c) Personnel Management Authorities for the
Foundation.--In addition to the authorities and requirements
of section 15, the Director shall have the following
authorities:
``(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.
``(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.
``(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
[[Page S2072]]
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.
``(d) Duties and Functions of the Directorate.--
``(1) Development of technology focus of the directorate.--
The Director shall--
``(A) through the Directorate, advance innovation in the
key technology focus areas through basic and translational
research and other activities described in this section;
``(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
``(C) develop and focus on innovation methods, processes,
and promising practices that can affect the speed and
effectiveness of innovation processes at scale.
``(2) Key technology focus areas.--
``(A) Initial list.--The initial key technology focus areas
are--
``(i) artificial intelligence, machine learning, and other
software advances;
``(ii) high performance computing, semiconductors, and
advanced computer hardware;
``(iii) quantum computing and information systems;
``(iv) robotics, automation, and advanced manufacturing;
``(v) natural and anthropogenic disaster prevention or
mitigation;
``(vi) advanced communications technology;
``(vii) biotechnology, medical technology, genomics, and
synthetic biology;
``(viii) cybersecurity, data storage, and data management
technologies;
``(ix) advanced energy, batteries, and industrial
efficiency; and
``(x) advanced materials science, engineering, and
exploration relevant to the other key technology focus areas
described in this subparagraph.
``(B) Review of key technology focus areas and subsequent
lists.--
``(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--
``(I) shall review the list of key technology focus areas;
``(II) may consider the challenges and recommendations
identified in the report required by section 11 of the
Endless Frontier Act; and
``(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).
``(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.
``(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.
``(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.
``(3) Activities.--
``(A) In general.--In carrying out the duties and functions
of the Directorate, the Director--
``(i) may make awards in a technologically-neutral manner
for key technology focus areas to--
``(I) individual institutions of higher education for work
at centers or by individual researchers or teams of
researchers;
``(II) not-for-profit entities; and
``(III) consortia that--
``(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;
``(bb) shall include at least one of the following:
``(AA) a historically Black college or university;
``(BB) a Tribal College or University;
``(CC) another minority-serving institution;
``(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);
``(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
``(FF) a community college; and
``(cc) may include 1 or more--
``(AA) entities described in subclause (I) or (II) and
industries, including startups, small businesses, and public-
private partnerships;
``(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;
``(CC) National Laboratories;
``(DD) Federal laboratories, as defined in section 4 of the
Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C.
3703);
``(EE) Federal research facilities;
``(FF) labor organizations;
``(GG) entities described in subclause (I) or (II) from
allied or partner countries;
``(HH) other entities if determined by the Director to be
vital to the success of the program; and
``(II) binational research and development foundations and
funds, excluding foreign entities of concern;
``(ii) may partner with other directorates of the
Foundation for projects or research, including--
``(I) to pursue basic questions about natural, human, and
physical phenomena that could enable advances in the key
technology focus areas;
``(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
``(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;
``(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;
``(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
``(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.
``(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--
``(i) a plan to seek out additional investments from--
``(I) certain designated countries; and
``(II) entities other than institutions of higher
education; and
``(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).
``(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.
``(4) Interagency cooperation.--
``(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.
``(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.
``(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--
[[Page S2073]]
``(i) any funds provided under paragraph (3)(A)(ii) to
other divisions of the Foundation; and
``(ii) any funds provided under paragraph (3)(A)(iii) to
other Federal research agencies.
``(5) Providing scholarships, fellowships, and other
student support.--
``(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.
``(B) Implementation.--The Director may carry out
subparagraph (A) by providing funds--
``(i) for making awards--
``(I) directly to students; and
``(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
``(ii) to programs in Federal research agencies that have
experience awarding such scholarships, fellowships,
traineeships, or postdoctoral awards.
``(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.
``(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.
``(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.
``(6) University technology centers.--
``(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.
``(B) Uses of funds.--
``(i) In general.--A center established under an award
under subparagraph (A)--
``(I) shall use support provided under such subparagraph--
``(aa) to carry out basic and translational research to
advance innovation in the key technology focus areas; and
``(bb) to further the development and commercialization of
innovations, including inventions, in the key technology
focus areas, including--
``(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;
``(BB) to promote patenting and commercialization of
inventions derived from research carried out under item (aa);
and
``(CC) through the use of public-private partnerships; and
``(II) may use support provided under such subparagraph--
``(aa) for the costs of equipment;
``(bb) for the costs associated with technology transfer
and commercialization, including patenting and licensing; or
``(cc) for other activities or costs necessary to
accomplish the purposes of this section, including for
operations and staff.
``(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.
``(C) Selection process.--In selecting recipients under
this paragraph, the Director shall consider--
``(i) the capacity of the applicant to pursue and advance
basic and translational research;
``(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;
``(iii) the extent to which the applicant's proposal would
broaden participation by underrepresented populations in
those areas;
``(iv) the capacity of the applicant to engage industry,
labor, and other appropriate organizations on any advances;
``(v) whether the applicant's proposed research will, where
applicable, contribute to growth in domestic manufacturing
capacity and job creation;
``(vi) the quality of plans for dissemination of research
and technology results, in accordance with relevant export
control laws;
``(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;
``(viii) how the applicant will encourage the participation
of inventors and entrepreneurs and the development of new
businesses, where applicable;
``(ix) regional and geographic diversity;
``(x) in the case of a consortium, the extent to which the
proposal includes institutions listed in paragraph
(3)(A)(i)(III)(bb); and
``(xi) the amount of funds from industry organizations
described in subparagraph (D)(ii) the applicant would use
towards establishing the center under subparagraph (A).
``(D) Requirements.--The Director shall ensure that any
institution of higher education or consortium receiving an
award under subparagraph (A) has--
``(i) the capacity or the ability to acquire the capacity
to advance the goals described in subsection (b)(1); and
``(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).
``(7) Moving technology from laboratory to market.--
``(A) Program authorized.--
``(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)--
``(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
``(II) with the goal of promoting experiments with a range
of models that institutions of higher education or consortia
could use to--
``(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
``(bb) reduce the risks to commercial success for new
technologies and inventions earlier in their development.
``(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).
``(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--
``(i) the broader impact of the proposal;
``(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;
``(iii) why such steps are likely to be effective;
``(iv) how such steps differ from previous efforts to
reduce the risks for commercialization for new technologies;
``(v) whether the commercial viability of any new
technologies will promote the creation of high-quality jobs
in the United States;
``(vi) how the applicant will, where applicable, encourage
the participation of inventors and entrepreneurs and the
development of new businesses; and
``(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.
``(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--
``(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;
``(ii) facilitating relationships among local and national
business leaders, including investors, and potential
entrepreneurs to encourage successful commercialization;
``(iii) creating or supporting entities that could enable
researchers to further develop new technology, through
patient capital investment, advice, staff support, or other
means;
``(iv) providing facilities for start-up companies where
technology maturation could occur;
``(v) covering legal and other fees associated with
technology transfer and commercialization, including
patenting and licensing; and
``(vi) revising institution policies, including policies
related to intellectual property and faculty
entrepreneurship, to accomplish the goals of this paragraph.
``(D) Reporting on commercialization based on metrics.--The
Director shall establish--
``(i) metrics related to commercialization for an award
under this paragraph; and
[[Page S2074]]
``(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.
``(8) Test beds.--
``(A) Program authorized.--
``(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.
``(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.
``(B) Proposals.--A proposal submitted under this paragraph
shall, at a minimum, describe--
``(i)(I) the technology or technologies that will be the
focus of the test bed or fabrication facility;
``(II) the goals of the work to be done at the test bed or
facility; and
``(III) the expected schedule for completing that work;
``(ii) how the applicant will assemble a workforce with the
skills needed to operate the test bed or facility;
``(iii) how the applicant will ensure broad access to the
facility;
``(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;
``(v) how the applicant will encourage the participation of
inventors and entrepreneurs and the development of new
businesses;
``(vi) how the applicant will increase participation by
underrepresented populations;
``(vii) how the applicant will demonstrate that the
commercial viability of any new technologies will support the
creation of high-quality domestic jobs;
``(viii) how the test bed or facility will operate after
Federal funding has ended; and
``(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.
``(C) Awards.--Awards made under this paragraph shall be
for 7 years, with the possibility of 5-year extensions.
``(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.
``(E) Results.--An awardee under this paragraph may publish
and share with the public the results of the work conducted
under this paragraph.
``(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.
``(9) Inapplicability.--Section 5(e)(1) shall not apply to
grants, contracts, awards, or other arrangements made under
this section.
``(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--
``(1) not less than 35 percent of funds provided to the
Directorate for such year to carry out subsection (d)(6);
``(2) not less than 15 percent of such funds to carry out
the purpose of subsection (d)(5)--
``(A) with the goal of awarding, across the key technology
focus areas--
``(i) not fewer than 1,000 postdoctoral awards;
``(ii) not fewer than 2,000 graduate fellowships and
traineeships; and
``(iii) not fewer than 1,000 undergraduate scholarships,
including scholarships to attend community colleges;
``(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;
``(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
``(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;
``(3) not less than 5 percent of such funds to carry out
subsection (d)(7);
``(4) not less than 10 percent of such funds to carry out
subsection (d)(8);
``(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
``(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).
``(f) Technical Assistance for Award Recipients and
Applicants.--The Director may--
``(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;
``(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
``(3) enter into contracts with third parties to provide
such technical assistance.
``(g) Authorization of Appropriations and Limitations.--
``(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.
``(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).
``(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.
``(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.
``(5) No funds for construction.--No funds provided under
this section shall be used for construction.
``(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.''.
(c) Chief Diversity Officer.--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:
``SEC. 8B. CHIEF DIVERSITY OFFICER.
``(a) Chief Diversity Officer.--
``(1) Appointment.--The Director shall appoint a Chief
Diversity Officer of the National Science Foundation.
``(2) Qualifications.--The Chief Diversity Officer should
have significant experience with diversity and inclusion, in
particular within the Federal Government and science
community.
``(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.
``(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--
``(1) establishing and maintaining a strategic plan that
publicly states a diversity definition, vision, and goals for
the National Science Foundation;
``(2) defining a set of strategic metrics that are--
``(A) directly linked to key organizational priorities and
goals;
``(B) actionable; and
``(C) actively used to implement the strategic plan under
paragraph (1);
``(3) advising in the establishment of a strategic plan for
diverse participation by
[[Page S2075]]
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;
``(4) advising in the establishment of a strategic plan for
outreach to, and recruiting from, untapped locations and
underrepresented populations; and
``(5) performing such additional duties and exercise such
powers as the Director may prescribe.''.
(d) Annual Report on Unfunded Priorities.--
(1) Annual report.--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.
(2) Elements.--Each report submitted under paragraph (1)
shall provide--
(A) for each directorate of the National Science Foundation
for the most recent, fully completed fiscal year--
(i) the proposal success rate;
(ii) the percentage and total funding of proposals that
were not funded and that met the criteria for funding; and
(iii) the most promising research areas covered by
proposals described in clause (ii); and
(B) 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.
(e) Pilot Program.--
(1) In general.--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.
(2) Applications.--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.
(3) Activities.--An eligible partnership receiving a grant
under this subsection may use the funds awarded through such
grant for--
(A) faculty salaries and training;
(B) research experiences for undergraduate and graduate
students;
(C) maintenance and repair of research equipment and
instrumentation; and
(D) any other activities the Director determines
appropriate.
(4) Definitions.--In this subsection:
(A) Director.--The term ``Director'' means the Director of
the National Science Foundation.
(B) Directorate; emerging research institution.--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.
(C) Eligible partnership.--The term ``eligible
partnership'' means a partnership of--
(i) at least 1 emerging research institution; and
(ii) at least 1 institution classified as a very high
research activity by the Carnegie Classification of
Institutions of Higher Education.
SEC. 4. ENDLESS FRONTIER FUND.
(a) In General.--There is authorized to be appropriated a
total of $112,410,000,000 for fiscal years 2022 through 2026
for the implementation of this Act and the amendments made by
this Act. Such funds shall be available for the
implementation of this Act and the amendments made by this
Act, and shall be administered by the Director of the Office
of Science and Technology Policy (referred to in this section
as the ``Director'').
(b) Use of Funds.--
(1) Submission of annual allocation.--Until the date on
which all of the amounts in the Fund described in subsection
(a) are expended, the Director shall annually submit to
Congress, together with the annual budget of the United
States, a list of allocations to agencies and departments to
implement this Act and the amendments made by this Act that
includes a detailed description of each program proposed to
be funded, including the estimated expenditures from the Fund
for the program for the applicable fiscal year.
(2) Alternate allocation.--
(A) In general.--The Commerce, Justice, Science, and
Related Agencies Appropriations Act for the relevant fiscal
year may provide for alternate allocation of amounts made
available under this section.
(B) Allocation by president.--
(i) No alternate allocations.--If Congress has not enacted
legislation establishing alternate allocations as described
in subparagraph (A) by the date on which the Act making full-
year appropriations for Commerce, Justice, Science, and
Related Agencies for the applicable fiscal year is enacted
into law, amounts made available under this section shall be
allocated by the Director.
(ii) Insufficient alternate allocation.--If Congress enacts
legislation establishing alternate allocations for amounts
made available under this section that are less than the full
amount authorized to be appropriated to the Fund for that
fiscal year under subsection (a), the difference between the
amount authorized to be appropriated and the alternate
allocation shall be allocated by the Director.
(c) Limitation.--No funds provided under this section shall
be used for construction, except in the case of
infrastructure projects described in section 28(b)(1)(B) of
the Stevenson-Wydler Technology Innovation Act of 1980
(Public Law 96-480), as added by section 7(a) of this Act.
(d) Sense of Congress.--It is the sense of Congress that,
during the period of fiscal years 2022 through 2026, the
Director shall make available, from amounts made available
under subsection (a)--
(1) $9,425,000,000 to the regional technology hub program
under section 28 of the Stevenson-Wydler Technology
Innovation Act of 1980 (Public Law 96-480), as added by
section 7 of this Act;
(2) $575,000,000 to the comprehensive regional technology
strategy grant program under section 29 of the Stevenson-
Wydler Technology Innovation Act of 1980 (Public Law 96-480),
as added by section 8 of this Act, of which $100,000,000
shall be made available for each of fiscal years 2022 and
2023 and $125,000,000 shall be made available for each of
fiscal years 2024 through 2026;
(3) $100,000,000,000 to the Directorate for Technology and
Innovation of the National Science Foundation, of which
$5,000,000,000 shall be made available for fiscal year 2022,
$10,000,000,000 shall be made available for fiscal year 2023,
$20,000,000,000 shall be made available for fiscal year 2024,
$30,000,000,000 shall be made available for fiscal year 2025,
and $35,000,000,000 shall be made available for fiscal year
2026; and
(4) $2,410,000,000 for the period of fiscal years 2022
through 2026 to the Manufacturing USA Program for activities
described under section 9 of this Act.
SEC. 5. STRATEGY AND REPORT ON ECONOMIC SECURITY, SCIENCE,
RESEARCH, AND INNOVATION TO SUPPORT THE
NATIONAL SECURITY STRATEGY.
(a) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Agriculture, Nutrition, and Forestry,
the Committee on Appropriations, the Committee on Armed
Services, the Committee on Banking, Housing, and Urban
Affairs, the Committee on the Budget, the Committee on
Commerce, Science, and Transportation, the Committee on
Energy and Natural Resources, the Committee on Finance, the
Committee on Foreign Relations, the Committee on Health,
Education, Labor, and Pensions, the Committee on Homeland
Security and Governmental Affairs, the Committee on the
Judiciary, and the Select Committee on Intelligence of the
Senate; and
(B) the Committee on Agriculture, the Committee on
Appropriations, the Committee on Armed Services, the
Committee on the Budget, the Committee on Education and
Labor, the Committee on Energy and Commerce, the Committee on
Financial Services, the Committee on Foreign Affairs, the
Committee on Homeland Security, the Committee on the
Judiciary, the Committee on Oversight and Reform, the
Committee on Science, Space, and Technology, the Committee on
Ways and Means, and the Permanent Select Committee on
Intelligence of the House of Representatives.
(2) Key technology focus area.--The term ``key technology
focus area'' means an area included on the most recent list
under section 8A(d)(2) of the National Science Foundation Act
of 1950.
(3) National security strategy.--The term ``national
security strategy'' means the national security strategy
required by section 108 of the National Security Act of 1947
(50 U.S.C. 3043).
(b) Strategy and Report.--
(1) In general.--In 2021 and in each year thereafter before
the applicable date set forth under paragraph (2), the
Director of the Office of Science and Technology Policy, in
coordination with the Director of the National Economic
Council, the Director of the National Science Foundation, the
Secretary of Commerce, the Secretary of Energy, the National
Security Council, the United States Patent and Trademark
Office, and the heads of other relevant Federal agencies and
in consultation with relevant nongovernmental partners,
shall--
(A) review such strategy, programs, and resources as the
Director of the Office of Science and Technology Policy
determines pertain to United States national competitiveness
in science, research, innovation, and technology transfer,
including patenting and licensing, to support the national
security strategy;
(B) develop or revise a strategy for the Federal Government
to improve the national competitiveness of the United States
in science, research, and innovation to support the national
security strategy; and
(C) submit to the appropriate committees of Congress--
[[Page S2076]]
(i) a report on the findings of the Director with respect
to the review conducted under subparagraph (A); and
(ii) the strategy developed or revised under subparagraph
(B).
(2) Applicable dates.--In each year, the applicable date
set forth under this paragraph is as follows:
(A) In 2021, December 31, 2021.
(B) In 2022 and every year thereafter--
(i) in any year in which a new President is inaugurated,
October 1 of that year; and
(ii) in any other year, the date that is 90 days after the
date of the transmission to Congress in that year of the
national security strategy.
(c) Elements.--
(1) Report.--Each report submitted under subsection
(b)(1)(C)(i) shall include the following:
(A) An assessment of public and private investment in
civilian and military science and technology and its
implications for the geostrategic position and national
security of the United States.
(B) A description of the prioritized economic security
interests and objectives, including domestic job creation, of
the United States relating to science, research, and
innovation and an assessment of how investment in civilian
and military science and technology can advance those
objectives.
(C) An assessment of how regional efforts are contributing
and could contribute to the innovation capacity of the United
States, including--
(i) programs run by State and local governments; and
(ii) regional factors that are contributing or could
contribute positively to innovation.
(D) An assessment of--
(i) workforce needs for competitiveness and national
security in key technology areas; and
(ii) Federal support needed--
(I) to expand domestic and international student pathways
into key technology areas; and
(II) to improve workforce development and employment
systems, as well as programs and practices to upskill
incumbent workers.
(E) An assessment of barriers to competitiveness in key
technology focus areas and barriers to the development and
evolution of start-ups, small and mid-sized business
entities, and industries in key technology focus areas.
(F) An assessment of the effectiveness of the Federal
Government, federally funded research and development
centers, and national labs in supporting and promoting
technology commercialization and technology transfer,
including an assessment of the adequacy of Federal research
and development funding in promoting competitiveness and the
development of new technologies.
(G) An assessment of manufacturing capacity, logistics, and
supply chain dynamics of major export sectors, including
access to a skilled workforce, physical infrastructure, and
broadband network infrastructure.
(H) An assessment of how the Federal Government is
increasing the participation of underrepresented populations
in science, research, innovation, and manufacturing.
(I) An assessment of the effectiveness of the Federal
Government, Federally funded research and development
centers, and national laboratories in transitioning
technologies and processes that emerge from Federally funded
research to new domestic manufacturing growth and job
creation across sectors in the United States.
(2) Strategy.--Each strategy submitted under subsection
(b)(1)(C)(ii) shall include the following:
(A) A plan to utilize available tools to address or
minimize the leading threats and challenges and to take
advantage of the leading opportunities, particularly in
regards to technology areas central to competition between
the United States and China, including the following:
(i) Specific objectives, tasks, metrics, and milestones for
each relevant Federal agency.
(ii) Specific plans to support public and private sector
investment in research, technology development, education and
workforce development, and domestic manufacturing in key
technology focus areas supportive of the national economic
competitiveness of the United States and to foster the
prudent use of public-private partnerships.
(iii) Specific plans to promote environmental stewardship
and fair competition for United States workers.
(iv) A description of--
(I) how the strategy submitted under subsection
(b)(1)(C)(ii) supports the national security strategy; and
(II) how the strategy submitted under such subsection is
integrated and coordinated with the most recent national
defense strategy under section 113(g) of title 10, United
States Code.
(v) A plan to encourage the governments of countries that
are allies or partners of the United States to cooperate with
the execution of the strategy submitted under subsection
(b)(1)(C)(ii), where appropriate.
(vi) A plan to encourage certain international and
multilateral organizations to support the implementation of
such strategy.
(vii) A plan for how the United States should develop local
and regional capacity for building innovation ecosystems
across the Nation by providing Federal support.
(viii) A plan for strengthening the industrial base of the
United States.
(B) An identification of additional resources,
administrative action, or legislative action recommended to
assist with the implementation of such strategy.
(d) Form of Reports and Strategies.--Each report and
strategy submitted under subsection (b)(1)(C) shall be
submitted in unclassified form, but may include a classified
annex.
SEC. 6. SUPPLY CHAIN RESILIENCY PROGRAM.
(a) Definitions.--In this section:
(1) Critical industry.--The term ``critical industry''
means--
(A) key technology focus areas, as defined in section 8A(a)
of the National Science Foundation Act of 1950, as added by
section 3(b) of this Act; and
(B) areas identified by the report in subsection (f).
(2) Critical infrastructure.--The term ``critical
infrastructure'' has the meaning given the term in the
Critical Infrastructures Protection Act of 2001 (42 U.S.C.
5195c).
(3) Foreign entity.--The term ``foreign entity''--
(A) means--
(i) the government of a foreign country;
(ii) a foreign political party;
(iii) an individual who is not a protected individual (as
defined in section 274B(a)(3) of the Immigration and
Nationality Act (8 U.S.C. 1324b(a)(3))); or
(iv) a partnership, association, corporation, organization,
or other combination of persons organized under the laws of,
or having its principal place of business in, a foreign
country; and
(B) includes--
(i) any person owned by, controlled by, or subject to the
jurisdiction or direction of, a person described in
subparagraph (A);
(ii) any person, wherever located, that acts as an agent,
representative, or employee of a person described in
subparagraph (A);
(iii) any person that acts in any other capacity at the
order or request, or under the direction or control, of--
(I) a person described in subparagraph (A); or
(II) a person, the activities of which are directly or
indirectly supervised, directed, controlled, financed, or
subsidized in whole or in majority part by a person described
in subparagraph (A);
(iv) any person that directly or indirectly through any
contract, arrangement, understanding, relationship, or
otherwise owns not less than 25 percent of the equity
interests of a person described in subparagraph (A);
(v) any person with significant responsibility to control,
manage, or direct a person described in subparagraph (A);
(vi) any individual, wherever located, who is a citizen or
resident of a country controlled by a person described in
subparagraph (A); and
(vii) any corporation, partnership, association, or other
organization organized under the laws of a country controlled
by a person described in subparagraph (A).
(4) Foreign entity of concern.--The term ``foreign entity
of concern'' means a foreign entity that is--
(A) designated as a foreign terrorist organization by the
Secretary of State under section 219(a) of the Immigration
and Nationality Act (8 U.S.C. 1189(a));
(B) included on the list of specially designated nationals
and blocked persons maintained by the Office of Foreign
Assets Control of the Department of the Treasury (commonly
known as the ``SDN list'');
(C) owned by, controlled by, or subject to the jurisdiction
or direction of a government of a foreign country that is a
covered nation (as defined in section 2533c(d) of title 10,
United States Code);
(D) alleged by the Attorney General to have been involved
in activities for which a conviction was obtained under--
(i) chapter 37 of title 18, United States Code (commonly
known as the ``Espionage Act'');
(ii) section 951 or 1030 of title 18, United States Code;
(iii) chapter 90 of title 18, United States Code (commonly
known as the ``Economic Espionage Act of 1996'');
(iv) the Arms Export Control Act (22 U.S.C. 2751 et seq.);
(v) section 224, 225, 226, 227, or 236 of the Atomic Energy
Act of 1954 (42 U.S.C. 2274, 2275, 2276, 2277, and 2284);
(vi) the Export Control Reform Act of 2018 (50 U.S.C. 4801
et seq.); or
(vii) the International Emergency Economic Powers Act (50
U.S.C. 1701 et seq.); or
(E) determined by the Secretary, in consultation with the
Secretary of Defense and the Director of National
Intelligence, to be engaged in unauthorized conduct that is
detrimental to the national security or foreign policy of the
United States.
(5) Labor organization.--The term ``labor organization''
has the meaning given such term in section 8A(a) of the
National Science Foundation Act of 1950.
(6) Program.--The term ``program'' means the supply chain
resiliency and crisis response program established under
subsection (b).
(7) Relevant committees of congress.--The term ``relevant
committees of Congress'' means--
(A) the Committee on Commerce, Science, and Transportation
of the Senate;
(B) the Committee on Appropriations of the Senate;
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(C) the Committee on Finance of the Senate;
(D) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(E) the Committee on Armed Services of the Senate;
(F) the Select Committee on Intelligence of the Senate;
(G) the Committee on Science, Space, and Technology of the
House of Representatives;
(H) the Committee on Energy and Commerce of the House of
Representatives;
(I) the Committee on Appropriations of the House of
Representatives;
(J) the Committee on Ways and Means of the House of
Representatives;
(K) the Committee on Homeland Security of the House of
Representatives;
(L) the Committee on Armed Services of the House of
Representatives; and
(M) the Permanent Select Committee on Intelligence of the
House of Representatives.
(8) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
(b) Establishment.--The Secretary shall establish in the
Department of Commerce a supply chain resiliency and crisis
response program to carry out the activities described in
subsection (d).
(c) Mission and Priorities.--
(1) Mission.--The mission of the program is to--
(A) ensure the leadership of the United States with respect
to industries that are essential to mid-term and long-term
national security and economic competitiveness;
(B) promote, in partnership with the private sector and
other relevant stakeholders, the resiliency of supply chains
of the United States and allied or partner countries; and
(C) encourage partnerships between the Federal Government
and industry, labor organizations, and State, local,
territorial, and Tribal governments in order to better
respond to supply chain crises.
(2) Priorities.--The program shall--
(A) in partnership with the private sector, build resilient
and secure supply chains (including through the mid-term and
long-term diversification of key supply chains, which shall
include the support of small- and medium-sized businesses)
that can ensure the access of the United States to critical
goods and services in the face of shocks, including pandemic
and biological threats, cyberattacks, extreme weather events,
terrorist and geopolitical attacks, great power conflict, and
other threats to national security, with key parts of such
resilience being--
(i) the diversification of key supply chains with allies or
key partners; and
(ii) working with allies or key partners through agreements
and other commitments; and
(B) support collaboration with allies or key partners to
collectively build and strengthen resilient global supply
chains, including through identifying supply chain
vulnerabilities, expanding productive capacity, and
stockpiling essential goods.
(d) Activities.--Under the program, the Secretary, acting
through 1 or more bureaus or other divisions of the
Department of Commerce as appropriate, shall carry out
activities--
(1) to map and monitor key supply chains and to identify
current and future key supply chain gaps and vulnerabilities
in critical industries;
(2) to develop or identify opportunities to build domestic
capacity, and cooperate with allies or key partners, to
address supply chain gaps and vulnerabilities in critical
industries;
(3) to consult and collaborate with the Director of the
Office of Management and Budget, the Secretary of Defense,
the Secretary of Homeland Security, the Secretary of the
Treasury, the Secretary of Energy, the Secretary of
Transportation, the Secretary of Agriculture, the Secretary
of State, the Director of National Intelligence, the Director
of the Office of Science and Technology Policy, and, as
appropriate, the heads of other Federal departments and
agencies to invest in urgent supply chain gaps;
(4) to encourage partnerships between the Federal
Government and industry, labor organizations, and State,
local, territorial, and Tribal governments to better respond
to crises;
(5) to support the distribution of critical resources to
areas that have the greatest needs during crises;
(6) to develop contingency plans to ensure a resilient
supply chain response for potential crises;
(7) to ensure that allies and key partners have supply
chains that are capable of supporting critical industries;
and
(8) to enter into agreements and partnerships with allied
or partner governments to promote diversified and resilient
supply chains that ensure supply of critical goods to both
the United States and allied companies.
(e) Authorities.--The Secretary may--
(1) establish a unified coordination group to serve as the
primary method for coordinating between and among Federal
departments and agencies in response to known supply chain
risks as well as for integrating private sector partners into
efforts, as appropriate, to--
(A) study technical, engineering, and operational data
acquired on a voluntary basis from the private sector, in a
manner that ensures any data provided by the private sector
is kept confidential and as required under section 552 of
title 5, United States Code (commonly known as the ``Freedom
of Information Act'');
(B) directly receive whistleblower complaints with
appropriate protection; and
(C) identify key competitiveness challenges in critical
industries;
(2) enter into agreements with allied or partner
governments regarding supply chain security assurances;
(3) coordinate with other divisions of the Department of
Commerce and other Federal departments and agencies to
leverage existing authorities, as of the date of enactment of
this Act, to strengthen supply chain resilience; and
(4) with the approval of the Committee on Appropriations of
the Senate and the Committee on Appropriations of the House
of Representatives, transfer funds to, or receive funds from,
other departments and agencies to implement the program.
(f) Report on Supply Chain Resiliency and Domestic
Manufacturing.--Not later than 180 days after the date of
enactment of this Act, and not less frequently than every 2
years thereafter, the Secretary shall submit to the relevant
committees of Congress a review, in coordination with other
relevant Federal departments and agencies--
(1) identifying--
(A) technologies critical to economic competitiveness and
national security; and
(B) supplies critical to the crisis preparedness of the
United States, such as medical supplies, personal protective
equipment, disaster response necessities, electrical
generation technology, materials essential to critical
infrastructure operation or repair and renovation, and other
supplies identified by the Secretary;
(2) describing--
(A) the current domestic manufacturing base and supply
chains for those technologies and supplies, including raw
materials, production equipment, and other goods essential to
the production of those technologies and supplies; and
(B) the ability of the United States to maintain readiness
and to surge produce those technologies and supplies in
response to an emergency;
(3) identifying defense, intelligence, homeland, economic,
domestic labor supply, natural, geopolitical, or other
contingencies that may disrupt, strain, compromise, or
eliminate the supply chain for those technologies and
supplies;
(4) assessing the resiliency and capacity of the domestic,
allied, and partner manufacturing base, supply chains, and
workforce to support the need for those technologies and
supplies, including any single points of failure in those
supply chains;
(5) assessing flexible manufacturing capacity available in
the United States in cases of emergency;
(6) making specific recommendations to improve the security
and resiliency of manufacturing capacity and supply chains
by--
(A) developing long-term strategies;
(B) increasing visibility throughout multiple supplier
tiers;
(C) identifying and mitigating risks, including the
financial and operational risks of a supply chain,
vulnerabilities to extreme weather events, cyberattacks,
pandemic and biological threats, terrorist and geopolitical
attacks, and other emergencies, and exposure to gaps in
domestic sourcing and import exposure;
(D) identifying enterprise resource planning systems that
are compatible across supply chain tiers and are affordable
for small and medium-sized businesses;
(E) understanding the total cost of ownership, total value
contribution, and other best practices that encourage
strategic partnerships throughout the supply chain;
(F) understanding Federal procurement opportunities to
increase resiliency of supply chains for goods and services
and fill gaps in domestic purchasing;
(G) identifying policies to maximize domestic job retention
and creation, including workforce development programs;
(H) identifying and mitigating risks associated with allied
or key partner countries in building more resilient supply
chains; and
(I) identifying such other services as the Secretary
considers necessary;
(7) providing guidance on technologies and supplies to be
prioritized for assistance and other activities under the
Department of Commerce, the National Science Foundation, and
other relevant Federal agencies;
(8) reviewing and, if appropriate, expanding the sourcing
of goods associated with critical technology areas from
allies or key partners, including recommendations for
coordination with allies or key partners on sourcing critical
products; and
(9) monitoring and strengthening the financial and
operational health of small and medium enterprises in
domestic, allied, and partner supply chains to mitigate risks
and ensure diverse, competitive supplier markets that are
less vulnerable to single points of failure.
(g) Additional Hiring Authority.--
(1) In general.--To the extent needed to carry out the
program, the Secretary may--
(A) utilize hiring authorities under section 3372 of title
5, United States Code, to staff the program with employees
from other Federal agencies, institutions of higher
education, and other organizations as described in that
section with relevant experience in supply chain management
and investment in the same manner and subject to the same
conditions that apply to such individuals utilized to
accomplish other missions of the Department of Commerce;
[[Page S2078]]
(B) appoint and fix the compensation of such temporary
personnel as may be necessary to implement the requirements
of this section relating to the program, without regard to
the provisions of title 5, United States Code, governing
appointments in the competitive service; and
(C) appoint an individual appointed under subparagraph (B),
after serving continuously for not less than 2 years, to a
position in the Department of Commerce in the same manner
that an employee serving in a position in the competitive
service may be transferred, reassigned, or promoted.
(2) No reimbursement.--Any assignment provided under
paragraph (1)(A) shall be made without reimbursement.
(3) Effect of appointment.--An individual appointed as
described in paragraph (1)(C) shall be considered to be
appointed under a career-conditional appointment, unless the
individual, as of the date on which the individual is
appointed, has completed a sufficient amount of creditable
service to attain a permanent career appointment.
(h) Semiconductor Incentives.--
(1) In general.--The Secretary shall carry out the program
established under section 9902 of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116-283) as part of the program.
(2) Technical and conforming amendment.--Section 9902(a)(1)
of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283)
is amended by striking ``in the Department of Commerce'' and
inserting ``as part of the program established under section
6 of the Endless Frontier Act''.
(i) Report to Congress.--Concurrent with the annual
submission by the President of a budget under section 1105 of
title 31, United States Code, the Secretary shall submit to
the relevant committees of Congress a report that contains a
summary of all activities carried out under this section for
the year covered by the report.
(j) Coordination.--The Secretary of Commerce shall, as
appropriate, coordinate with the heads of other Federal
departments and agencies, including the Secretary of State
and the United States Trade Representative, in the
implementation of this program.
(k) Rule of Construction Regarding Private Entities.--
Nothing in this section shall be construed to require any
private entity--
(1) to request assistance from the Secretary; or
(2) that requested such assistance from the Secretary to
implement any measure or recommendation suggested by the
Secretary.
(l) Funding.--
(1) In general.--There are authorized to be appropriated to
the Secretary such sums as may be necessary to carry out this
section, which shall remain available until expended.
(2) Inspector general funding.--Of the amounts made
available in a fiscal year to carry out this section, not
more than 2 percent of those amounts shall be available to
the Inspector General of the Department of Commerce to
conduct oversight activities with respect to the program.
(3) Transfers.--Of the amounts made available in a fiscal
year to carry out this section, the Secretary may transfer
not more than 5 percent of those amounts to the account under
the heading ``Department of Commerce--Salaries and Expenses''
to provide for administration and oversight activities
relating to the program.
SEC. 7. REGIONAL TECHNOLOGY HUB PROGRAM.
(a) In General.--The Stevenson-Wydler Technology Innovation
Act of 1980 (Public Law 96-480; 15 U.S.C. 3701 et seq.) is
amended--
(1) by redesignating section 28 as section 30; and
(2) by inserting after section 27 the following:
``SEC. 28. REGIONAL TECHNOLOGY HUB PROGRAM.
``(a) Definitions.--In this section:
``(1) Appropriate committees of congress.--The term
`appropriate committees of Congress' means--
``(A) the Committee on Commerce, Science, and
Transportation, the Committee on Environment and Public
Works, and the Committee on Appropriations of the Senate; and
``(B) the Committee on Science, Space, and Technology, the
Committee on Transportation and Infrastructure, and the
Committee on Appropriations of the House of Representatives.
``(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).
``(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.
``(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.
``(5) Large metropolitan communities.--The term `large
metropolitan community' means a metropolitan statistical area
with a population of more than 500,000.
``(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).
``(7) Manufacturing usa institute.--The term `Manufacturing
USA institute' means an Manufacturing USA institute described
in section 34(d) of the National Institute of Standards and
Technology Act (15 U.S.C. 278s(d)).
``(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.
``(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.
``(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.
``(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--
``(A) accelerating the commercialization of research and
technology;
``(B) strengthening the competitive position of startups
and industry through the development, commercial adoption, or
deployment of technology;
``(C) providing financial grants, loans, or direct
investment to commercialize technology;
``(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
``(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.
``(b) Regional Technology Hub Program.--
``(1) In general.--The Secretary shall carry out a
program--
``(A) to designate eligible consortia as regional
technology hubs that create the conditions, within a region,
to facilitate activities that--
``(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;
``(ii) support regional economic development that diffuses
innovation around the United States, enabling better broad-
based growth and competitiveness in key technology focus
areas;
``(iii) support domestic job creation; and
``(iv) otherwise support the purposes set forth under
paragraph (2);
``(B) to support regional technology hubs designated under
subparagraph (A); and
``(C) to conduct ongoing research, evaluation, analysis,
and dissemination of best practices for regional development
and competitiveness in technology and innovation.
``(2) Purposes.--The purposes of the program carried out
under paragraph (1) are as follows:
``(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.
``(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.
``(C) To assist regions across the United States, including
small cities and rural areas--
``(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;
``(ii) to improve domestic supply chains in technology and
innovation sectors; and
``(iii) to enable broad-based economic growth, job creation
and competitiveness in the United States.
``(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.
``(c) Eligible Consortia.--For purposes of this section, an
eligible consortium is a consortium that--
``(1) includes 1 or more--
``(A) institutions of higher education;
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``(B) local or Tribal governments or other political
subdivisions of a State;
``(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;
``(D) economic development organizations or similar
entities that are focused primarily on improving science,
technology, innovation, or entrepreneurship;
``(E) industry or firms in relevant technology or
innovation sectors;
``(F) labor organizations; and
``(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
``(2) may include 1 or more--
``(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);
``(B) for-profit entities with relevant expertise;
``(C) venture development organizations;
``(D) financial institutions and investment funds;
``(E) primary and secondary educational institutions,
including career and technical education schools;
``(F) industry and industry associations;
``(G) National Laboratories (as defined in section 2 of the
Energy Policy Act of 2005 (42 U.S.C. 15801));
``(H) Federal laboratories;
``(I) manufacturing extension centers;
``(J) Manufacturing USA institutes;
``(K) institutions receiving an award under paragraph (6)
or (7) of section 8A(d) of the National Science Foundation
Act of 1950; and
``(L) a cooperative extension.
``(d) Designation of Regional Technology Hubs.--
``(1) In general.--The Secretary shall use a competitive
process for the designation of regional technology hubs under
subsection (b)(1)(A).
``(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.
``(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--
``(A) aiming to designate regional technology hubs in as
many regions of the United States as possible; and
``(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.
``(4) Eligible consortia that serve small and rural
communities.--Under subsection (b)(1)(A), the Secretary shall
designate at least 3 eligible consortia that--
``(A) serve small and rural communities; and
``(B) have received a grant under section 29.
``(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.
``(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.
``(e) Grants and Cooperative Agreements.--
``(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.
``(2) Term.--
``(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.
``(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.
``(3) Matching required.--
``(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:
``(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.
``(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.
``(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.
``(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.
``(B) Small and rural communities and indian tribes.--
``(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:
``(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.
``(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.
``(ii) Minimum threshold or rural representation.--The
Secretary shall establish a minimum threshold of rural
representation for purposes of clause (i)(I).
``(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.
``(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--
``(A) the permissible activities set forth under section
27(c)(2); and
``(B) activities in support of key technology focus areas
and other technology and innovation sectors critical to
national and economic security--
``(i) to develop regional strategies for infrastructure and
site development in support of the regional technology hub's
plans and programs;
``(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;
``(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;
``(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--
``(I) proof-of-concept development and prototyping;
``(II) technology transfer and commercialization, including
patenting and licensing;
``(III) public-private partnerships in order to reduce the
cost, time, and risk of commercializing new technologies;
``(IV) creating and funding competitions to allow
entrepreneurial ideas to illustrate their commercialization
and domestic job creation potential;
``(V) facilitating relationships between local and national
business leaders and potential entrepreneurs to encourage
successful commercialization;
``(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;
``(VII) providing facilities for start-up companies where
technology maturation could occur; and
``(VIII) commercialization, deployment, and adoption of the
technologies that lead to domestic manufacturing of such
technologies;
``(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
``(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.
``(5) Grants for infrastructure.--Any grant or cooperative
agreement awarded under paragraph (1) to support the
construction of physical infrastructure shall be
[[Page S2080]]
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.
``(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.
``(g) Considerations for Designation and Award of Grants
and Cooperative Agreements.--
``(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:
``(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.
``(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.
``(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.
``(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.
``(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.
``(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.
``(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.
``(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.
``(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.
``(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.
``(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.
``(h) Coordination and Collaboration.--
``(1) Coordination with national institute of standards and
technology programs.--
``(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.
``(B) Elements.--Coordination by the Secretary under
subparagraph (A) may include the following:
``(i) The alignment of activities of the Hollings
Manufacturing Extension Partnership with the activities of
regional technology hubs designated under this subsection, if
applicable.
``(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.
``(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.
``(3) Interagency collaboration.--
``(A) In general.--In selecting and assisting regional
technology hubs designated under subsection (b)(1)(A), the
Secretary--
``(i) shall collaborate, to the extent possible, with the
interagency advisory committee established under subparagraph
(B);
``(ii) shall collaborate with Federal departments and
agencies whose missions contribute to the goals of the
regional technology hub; and
``(iii) may accept funds from other Federal agencies to
support grants and activities under this title.
``(B) Interagency coordinating council.--
``(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.
``(ii) Composition.--The interagency coordinating council
established under clause (i) shall be composed of the
following (or their designees):
``(I) The Secretary of Commerce.
``(II) The Secretary of Education.
``(III) The Administrator of the Small Business
Administration.
``(IV) The Deputy Secretary for Housing and Urban
Development.
``(V) The Director of the Community Development Financial
Institution Fund.
``(VI) The Director of the National Science Foundation.
``(VII) The Director of the National Institute of Standards
and Technology.
``(VIII) The Director of the National Economic Council.
``(IX) The Assistant Secretary of Commerce for Economic
Development.
``(X) The Assistant Secretary for Employment and Training.
``(XI) The Director of the Office of Science and Technology
Policy.
``(XII) The Under Secretary of Defense for Research and
Engineering.
``(XIII) The Under Secretary of Defense for Acquisition and
Sustainment.
``(XIV) The Under Secretary for Science of the Department
of Energy.
``(XV) The Director of the National Institutes of Health.
``(XVI) The Under Secretary for Science and Technology of
the Department of Homeland Security.
``(XVII) The Administrator of the National Aeronautics and
Space Administration.
``(XVIII) The Director of the Office of Management and
Budget.
``(XIX) Such other Federal officials as the Secretary of
Commerce considers appropriate.
``(iii) Chairperson.--The Secretary shall be the
chairperson of the interagency coordinating council
established under clause (i).
``(4) Setting goals for federally funded regions served by
research in regional technology hubs.--
``(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).
``(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).
``(i) Performance Measurement, Transparency, and
Accountability.--
``(1) Metrics, standards, and assessment.--For each grant
and cooperative agreement awarded under subsection (e)(1) for
a regional technology hub, the Secretary shall--
``(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--
``(i) research supported in a key technology focus area;
``(ii) commercialization activities undertaken by each
regional technology hub that is designated and supported
under subsection (b)(1);
[[Page S2081]]
``(iii) educational and workforce development improvements
undertaken by each regional technology hub that is designated
and supported under subsection (b)(1);
``(iv) sources of matching funds for each regional
technology hub that is designated and supported under
subsection (b)(1); and
``(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);
``(B) establish standards for the performance of the
regional technology hub that are based on the metrics
developed under subparagraph (A); and
``(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.
``(2) Final reports by recipients of assistance.--
``(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.
``(B) Contents of report.--Each report submitted by an
eligible consortium under subparagraph (A) shall include the
following:
``(i) A detailed description of the activities carried out
by the eligible consortium using the assistance described in
subparagraph (A), including the following:
``(I) A description of each project the eligible consortium
completed using such assistance.
``(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--
``(aa) the resiliency of a supply chain;
``(bb) research, development, and deployment of a critical
technology;
``(cc) workforce training and development;
``(dd) domestic job creation; or
``(ee) entrepreneurship.
``(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.
``(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.
``(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.
``(v) Information regarding such other matters as the
Secretary may require.
``(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.
``(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.
``(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.''.
(b) Initial Designations and Awards.--
(1) Competition required.--Not later than 180 days after
the date of the enactment of this Act, the Secretary of
Commerce shall commence a competition under subsection (d)(1)
of section 28 of the Stevenson-Wydler Technology Innovation
Act of 1980 (Public Law 96-480), as added by subsection (a).
(2) Designation and award.--Not later than 1 year after the
date of the enactment of this Act, if the Secretary has
received at least 1 application under subsection (f) of such
section from an eligible consortium whom the Secretary
considers suitable for designation under subsection (b)(1)(A)
of such section, the Secretary shall--
(A) designate at least 1 regional technology hub under
subsection (b)(1)(A) of such section; and
(B) award a grant or cooperative agreement under subsection
(e)(1) of such section to each regional technology hub
designated pursuant to subparagraph (A) of this paragraph.
SEC. 8. COMPREHENSIVE REGIONAL TECHNOLOGY STRATEGY GRANT
PROGRAM.
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:
``SEC. 29. COMPREHENSIVE REGIONAL TECHNOLOGY STRATEGY GRANT
PROGRAM.
``(a) Definitions.--In this section:
``(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.
``(2) Regional technology hub.--The term `regional
technology hub' means a consortium designated as a regional
technology hub under section 28(b)(1)(A).
``(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).
``(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.
``(b) Grant Program Required.--The Secretary shall
establish a program to award grants to eligible consortia to
carry out projects--
``(1) to coordinate locally defined planning processes,
across jurisdictions and agencies, relating to developing a
comprehensive regional technology strategy;
``(2) to identify regional partnerships for developing and
implementing a comprehensive regional technology strategy;
``(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;
``(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
``(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.
``(c) Eligible Consortia.--For purposes of this section, an
eligible consortium is any consortium described by section
28(c).
``(d) Grants.--
``(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:
``(A) Small and rural communities.
``(B) Mid-sized metropolitan communities.
``(C) Large metropolitan communities.
``(2) Awards to small and rural communities.--
``(A) In general.--Except as provided in subparagraph (B),
the Secretary shall--
``(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
``(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.
``(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).
``(3) Federal share.--
``(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.
``(B) Exceptions.--
``(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.
``(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.
``(C) Non-federal share.--
``(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.
``(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.
``(4) Availability and obligation of grant amounts.--
``(A) In general.--An eligible consortium that receives a
grant under this section
[[Page S2082]]
shall, as a condition on receipt of grant amounts--
``(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
``(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).
``(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.
``(e) Application.--
``(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.
``(2) Contents.--Each application submitted under paragraph
(1) shall include the following:
``(A) A description of the boundaries of the region served
by the eligible consortium.
``(B) A description of the research, technology
development, or manufacturing concentration of the eligible
consortium.
``(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.
``(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--
``(i) investments to address gaps in such ecosystem; and
``(ii) how to make the research, technology development,
and manufacturing of the region of the consortium uniquely
competitive.
``(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.
``(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.
``(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.
``(H) A signed copy of a memorandum of understanding among
members of the eligible consortium that demonstrates--
``(i) the creation of an eligible consortium;
``(ii) a description of the nature and extent of planned
collaboration between members of the eligible consortium; and
``(iii) a commitment to develop a comprehensive regional
technology strategy.
``(I) Such other matters as the Secretary considers
appropriate.
``(3) Evaluation of applications.--The Secretary shall
evaluate each application received under paragraph (1) to
determine whether the applicant demonstrates--
``(A) a significant level of regional cooperation in their
proposal;
``(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;
``(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;
``(D) integration with local efforts in inclusive economic
development and job creation;
``(E) a plan for implementing a comprehensive regional
technology strategy through regional infrastructure,
workforce, and supply chain investment plans and local land
use plans;
``(F) diversity among the geographic regions and the size
of the population of the communities served by recipients of
grants under this section;
``(G) a commitment to seeking substantial public input
during the planning process and public participation in the
development of the comprehensive regional plan;
``(H) a plan to support the creation and growth of new
companies; and
``(I) such other qualities as the Secretary considers
appropriate.
``(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:
``(1) Coordinating locally defined planning processes
across jurisdictions and agencies.
``(2) Identifying potential regional partnerships for
developing and implementing a comprehensive regional
technology strategy.
``(3) Conducting or updating assessments to determine
regional needs, which may include--
``(A) workforce development;
``(B) supply chain development;
``(C) increasing innovation readiness, including expanding
research and technology development facilities and developing
the local science, technology, engineering, and mathematics
workforce;
``(D) site preparation;
``(E) community and economic development to start new
companies and to attract and support workers and firms; and
``(F) and other such needs as determined by the consortium.
``(4) Developing or updating--
``(A) a comprehensive regional plan; or
``(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.
``(5) Implementing local zoning and other code changes
necessary to implement a comprehensive regional plan and
promote sustainable development.
``(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.
``(h) Reports by Recipients of Grants.--
``(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.
``(2) Contents.--Each report submitted under paragraph (1)
shall include the following:
``(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.
``(B) A discussion of any obstacles encountered in the
planning process of the eligible consortium and how the
eligible consortium overcame the obstacles.
``(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.
``(D) The progress of the region identified by the
consortium toward becoming a regional technology hub.
``(E) The effectiveness of the region identified by the
consortium in ensuring that growth in innovation sectors
produces broadly shared opportunity in the region.
``(F) Such other information as the Secretary may require.
``(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.
``(i) Technical Assistance for Grant Recipients and
Applicants.--The Secretary may--
``(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;
``(2) by Federal interagency agreement, transfer funds to
another Federal agency to facilitate and support the
provision of such technical assistance; and
``(3) enter into contracts with third parties to provide
technical assistance to grant recipients and prospective
applicants for grants under this section.
``(j) Authorization of Appropriations.--
``(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:
``(A) $100,000,000 for each of fiscal years 2022 and 2023.
``(B) $125,000,000 for each of fiscal years 2024 through
2026.
``(2) Technical assistance.--The Secretary may use not more
than 5 percent of the
[[Page S2083]]
amounts made available under this subsection for a fiscal
year for technical assistance under subsection (i).''.
SEC. 9. MANUFACTURING USA PROGRAM.
(a) Definitions.--In this section:
(1) 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)).
(2) Labor organization.--The term ``labor organization''
has the meaning given such term in section 8A(a) of the
National Science Foundation Act of 1950.
(3) Manufacturing usa center.--The term ``Manufacturing USA
center'' means an institute described in section 34(d)(3)(B)
of the National Institute of Standards and Technology Act (15
U.S.C. 278s(d)(3)(B)) and recognized by the Secretary under
such section for purposes of participation in the
Manufacturing USA Network.
(4) Manufacturing usa institute.--The term ``Manufacturing
USA institute'' means an institute described in section 34(d)
of the National Institute of Standards and Technology Act (15
U.S.C. 278s(d)) that is not a Manufacturing USA center.
(5) Manufacturing usa network.--The term ``Manufacturing
USA Network'' means the network established under section
34(c) of the National Institute of Standards and Technology
Act (15 U.S.C. 278s(c)).
(6) Manufacturing usa program.--The term ``Manufacturing
USA Program'' means the program established under section
34(b)(1) of the National Institute of Standards and
Technology Act (15 U.S.C. 278s(b)(1)).
(7) Minority-serving institution.--The term ``minority-
serving institution'' means an eligible institution described
in section 371(a) of the Higher Education Act of 1965 (20
U.S.C. 1067q(a)).
(8) National program office.--The term ``National Program
Office'' means the National Program Office established under
section 34(h)(1) of the National Institute of Standards and
Technology Act (15 U.S.C. 278s(h)(1)).
(9) 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)).
(b) Authorization of Appropriations to Enhance and Expand
Manufacturing USA Program and Support Innovation and Growth
in Domestic Manufacturing.--
(1) In general.--There is authorized to be appropriated
$2,410,000,000 for the period of fiscal years 2022 through
2026 for the Secretary of Commerce, acting through the
Director of the National Institute of Standards and
Technology and in coordination with the Secretary of Energy,
the Secretary of Defense, and the heads of such other Federal
agencies as the Secretary of Commerce considers relevant, to
carry out the Manufacturing USA Program and to expand such
program to support innovation and growth in domestic
manufacturing.
(2) Manufacturing usa institutes.--
(A) In general.--Of the amounts appropriated pursuant to
the authorization of appropriations in paragraph (1),
$1,190,000,000 shall be available to support the
establishment of new Manufacturing USA institutes during the
period described in such paragraph.
(B) Financial assistance.--The Secretary shall support the
establishment of Manufacturing USA institutes under
subparagraph (A) through the award of financial assistance
under section 34(e) of the National Institute of Standards
and Technology Act (15 U.S.C. 278s(e)).
(C) Assignment of manufacturing usa institutes to federal
agency sponsors.--Following an open topic competition
organized by the Director of the National Institute of
Standards and Technology, the Secretary of Commerce, in
consultation with the Secretary of Energy, the Secretary of
Defense, and other relevant Federal agencies, may select an
alternative Federal agency to sponsor a selected
Manufacturing USA institute based on its technology and may
transfer the appropriate funds to that alternative Federal
agency for operation and programming of the selected
Manufacturing USA institute.
(D) Coordination with existing manufacturing usa
institutes.--
(i) Coordination required.--In establishing new
Manufacturing USA institutes under subparagraph (A), the
Secretary of Commerce shall coordinate with the Secretary of
Energy and the Secretary of Defense to ensure there is no
duplication of effort or technology focus between new
Manufacturing USA institutes and Manufacturing USA institutes
that were in effect before the establishment of the new
Manufacturing USA institutes.
(ii) Consultation with existing manufacturing usa
institutes authorized.--In carrying out coordination under
clause (i), the Secretary of Commerce may consult with
Manufacturing USA institutes that were in effect before the
establishment of new Manufacturing USA institutes under
subparagraph (A) to inform the Department of Commerce of
additional new Manufacturing USA institutes necessary to fill
gaps in the support of innovation and growth in domestic
manufacturing.
(iii) Involvement of existing manufacturing usa institutes
authorized.--In coordination with the Secretary of Energy and
the Secretary of Defense, the Secretary of Commerce may
involve Manufacturing USA institutes that were in effect
before the establishment of new Manufacturing USA institutes
under subparagraph (A) in the planning and execution of the
new Manufacturing USA institutes.
(3) Manufacturing usa centers and public service grants.--
Of the amounts appropriated pursuant to the authorization of
appropriations in paragraph (1), $375,000,000 shall be
available for the period described in such paragraph--
(A) for the Secretary, acting through the Director and in
consultation with the Secretary of Energy, the Secretary of
Defense, and the heads of such other Federal agencies as the
Secretary of Commerce considers relevant, to recognize
additional institutes as Manufacturing USA institutes under
section 34(d)(3)(B) of the National Institute of Standards
and Technology Act (15 U.S.C. 278s(d)(3)(B)), giving
particular consideration to partnerships and coordination
with the Manufacturing USA institutes that were already in
effect, when practicable; and
(B) to support the activities of Manufacturing USA
institutes and Manufacturing USA centers through the award of
grants under section 34(f) of the National Institute of
Standards and Technology Act (15 U.S.C. 278s(f)).
(4) Commercialization, workforce training, and supply chain
investment.--Of the amounts appropriated pursuant to the
authorization of appropriations in paragraph (1),
$100,000,000 shall be available for the period described in
such paragraph to support such programming for
commercialization, workforce training, and supply chain
activities across the Manufacturing USA Network as the
Secretary considers appropriate in consultation with the
Secretary of Energy, the Secretary of Defense, and the heads
of such other Federal agencies as the Secretary of Commerce
considers relevant.
(5) Ongoing support for existing manufacturing usa
institutes.--
(A) In general.--Of the amounts appropriated pursuant to
the authorization of appropriations in paragraph (1),
$725,000,000 shall be available for the period described in
such paragraph to support Manufacturing USA institutes that
were in effect on the day before the date of the enactment of
this Act, of which $5,000,000 shall be available (without
cost share) to each such Manufacturing USA institute each
year for such period for ongoing operation of the institutes,
including operational overhead, workforce training, and
supply chain activities.
(B) Additional support.--
(i) In general.--Of the amounts specified in subparagraph
(A), amounts shall be available for financial assistance
awards to conduct projects as follows:
(I) $100,000,000 shall be available for Manufacturing USA
institutes that were established under section 34(e) of the
National Institute of Standards and Technology Act (15 U.S.C.
278s(e)) and that were in effect on the day before the date
of the enactment of this Act.
(II) $10,000,000 shall be available each year for the
period described in such paragraph for each Manufacturing USA
institute that is not receiving Manufacturing USA Program
funding from any other Federal agency.
(ii) Federal funds matching requirement.--A recipient of
financial assistance for a project under clause (i) shall
agree to make available to carry out the project an amount of
non-Federal funds that is equal to or greater than 20 percent
of the total cost of the project.
(C) Renewal requirements.--Receipt of ongoing support under
subparagraph (A) shall be subject to the requirements of
section 34(e)(2)(B) of the National Institute of Standards
and Technology Act (15 U.S.C. 278s(e)(2)(B)).
(D) No cost share requirement.--The Secretary shall not
impose any cost share or matching requirement on receipt of
ongoing support under subparagraph (A).
(6) Management of interagency solicitations and ongoing
management.--Of the amounts appropriated pursuant to the
authorization of appropriations in paragraph (1), $20,000,000
shall be available annually for the period described in such
paragraph for the National Program Office to coordinate the
activities of the Manufacturing USA Network and manage
interagency solicitations.
(c) Coordination Between Manufacturing USA Program and
Hollings Manufacturing Extension Partnership.--The Secretary
shall coordinate the activities of the Manufacturing USA
Program and the activities of Hollings Manufacturing
Extension Partnership with each other to the degree that
doing so does not diminish the effectiveness of the ongoing
activities of a Manufacturing USA institute or a Center (as
the term is defined in section 25(a) of the National
Institute of Standards and Technology Act (15 U.S.C.
278k(a)), including Manufacturing USA institutes entering
into agreements with a Center (as so defined) that the
Secretary considers appropriate to provide services relating
to the mission of the Hollings Manufacturing Extension
Partnership, including outreach, technical assistance,
workforce development, and technology transfer and adoption
assistance to small- and medium-sized manufacturers.
(d) Worker Advisory Council for Manufacturing USA
Program.--
(1) Establishment.--
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(A) In general.--The Secretary of Commerce shall, in
coordination with the Secretary of Labor, the Secretary of
Defense, the Secretary of Energy, and the Secretary of
Education, establish an advisory council for the
Manufacturing USA Program on the development and
dissemination of techniques, policies, and investments for
high-road labor practices, worker adaptation and success with
technological change, and increased worker participation
across the Manufacturing USA Network.
(B) Membership.--The council established under subparagraph
(A) shall be composed of not fewer than 15 members appointed
by the Secretary of Commerce, of whom--
(i) four shall be from labor organizations;
(ii) four shall be from educational institutions;
(iii) four shall be from labor-management training,
workforce development, and nonprofit organizations, including
those that focus on workforce diversity and inclusion; and
(iv) three shall be from industry organizations or
manufacturing firms, including small- and medium-sized
manufacturers.
(C) Period of appointment; vacancies.--
(i) In general.--Each member of the council established
under subparagraph (A) shall be appointed for a term of 3
years with the ability to renew the appointment for no more
than 2 terms.
(ii) Vacancies.--Any member appointed to fill a vacancy
occurring before the expiration of the term for which the
member's predecessor was appointed shall be appointed only
for the remainder of that term. A member may serve after the
expiration of that term until a successor has been appointed.
(D) Meetings.--
(i) Initial meeting.--Not later than 180 days after the
date of enactment of this Act, the council established under
subparagraph (A) shall hold the first meeting.
(ii) Additional meetings.--After the first meeting of the
council, the council shall meet upon the call of the
Secretary, and at least once every 180 days thereafter.
(iii) Quorum.--A majority of the members of the council
shall constitute a quorum, but a lesser number of members may
hold hearings.
(E) Chairperson and vice chairperson.--The Secretary shall
elect 1 member of the council established under subparagraph
(A) to serve as the chairperson of the council and 1 member
of the council to serve as the vice chairperson of the
council.
(2) Duties of the council.--The council established under
paragraph (1)(A) shall provide advice and recommendations to
the Secretary of Commerce on matters concerning investment in
and support of the manufacturing workforce relating to the
following:
(A) Worker participation, including through labor
organizations, in the planning and deployment of new
technologies across an industry and within workplaces.
(B) Policies to help workers adapt to technological change,
including training and education priorities for the Federal
Government and for employer investments in workers.
(C) Assessments of impact on workers of development of new
technologies and processes by the Manufacturing USA
institutes.
(D) Management practices that prioritize job quality,
worker protection, worker participation and power in decision
making, and investment in worker career success.
(E) Policies and procedures to prioritize diversity and
inclusion in the manufacturing and technology workforce by
expanding access to job, career advancement, and management
opportunities for underrepresented populations.
(F) Assessments of technology improvements achieved by the
Manufacturing USA institutes and the degree of domestic
deployment of each new technology.
(G) Such other matters as the Secretary considers
appropriate.
(3) Report.--
(A) Appropriate committees of congress defined.--In this
paragraph, the term ``appropriate committees of Congress''
means--
(i) the Committee on Health, Education, Labor, and
Pensions, the Committee on Commerce, Science, and
Transportation, the Committee on Energy and Natural
Resources, the Committee on Armed Services, and the Committee
on Appropriations of the Senate; and
(ii) the Committee on Education and Labor, the Committee on
Science, Space, and Technology, the Committee on Energy and
Commerce, the Committee on Armed Services, and the Committee
on Appropriations of the House of Representatives.
(B) Report required.--Not later than 180 days after the
date on which the council established under paragraph (1)(A)
holds its initial meeting under paragraph (1)(D)(i) and
annually thereafter, the council shall submit to the
appropriate committees of Congress a report containing a
detailed statement of the advice and recommendations of the
council pursuant to paragraph (2).
(4) Compensation.--
(A) Prohibition of compensation.--Members of the Council
may not receive additional pay, allowances, or benefits by
reason of their service on the Council.
(B) Travel expenses.--Each member shall receive travel
expenses, including per diem in lieu of subsistence, in
accordance with applicable provisions under subchapter I of
chapter 57 of title 5, United States Code.
(5) FACA applicability.--
(A) In general.--In discharging its duties under this
subsection, the council established under paragraph (1)(A)
shall function solely in an advisory capacity, in accordance
with the Federal Advisory Committee Act (5 U.S.C. App.).
(B) Exception.--Section 14 of the Federal Advisory
Committee Act shall not apply to the Council.
(e) Participation of Minority-serving Institutions,
Historically Black Colleges and Universities, and Tribal
Colleges and Universities.--
(1) In general.--The Secretary of Commerce, in coordination
with the Secretary of Energy, the Secretary of Defense, and
the heads of such other Federal agencies as the Secretary of
Commerce considers relevant, shall coordinate with existing
and new Manufacturing USA institutes to integrate covered
entities as active members of the Manufacturing USA
institutes, including through the development of preference
criteria for proposals to create new Manufacturing USA
institutes or renew existing Manufacturing USA institutes
that include meaningful participation from a covered entity
or that are led by a covered entity.
(2) Covered entities.--For purposes of this subsection, a
covered entity is--
(A) a minority-serving institution;
(B) an historically Black college or university; or
(C) a Tribal college or university.
(f) Department of Commerce Policies to Promote Domestic
Production of Technologies Developed Under Manufacturing USA
Program.--
(1) Definition of domestic.--In this subsection, the term
``domestic'', with respect to development or production means
development or production by, or with respect to source means
the source is, a person incorporated or formed in the United
States--
(A) that is not under foreign ownership, control, or
influence (FOCI) as defined in section 847 of the National
Defense Authorization Act for Fiscal Year 2020 (Public Law
116-92);
(B) whose beneficial owners, as defined in section 847 of
the National Defense Authorization Act for Fiscal Year 2020
(Public Law 116-92), are United States persons;
(C) whose management are United States citizens;
(D) whose principal place of business is in the United
States; and
(E) who is not--
(i) a foreign incorporated entity that is an inverted
domestic corporation or any subsidiary of such entity; or
(ii) any joint venture if more than 10 percent of the joint
venture (by vote or value) is held by a foreign incorporated
entity that is an inverted domestic corporation or any
subsidiary of such entity.
(2) Policies.--
(A) In general.--The Secretary of Commerce, in consultation
with the Secretary of Energy, the Secretary of Defense, and
the heads of such other Federal agencies as the Secretary of
Commerce considers relevant, shall establish policies to
promote the domestic production of technologies developed by
the Manufacturing USA Network.
(B) Elements.--The policies developed under subparagraph
(A) shall include the following:
(i) Measures to partner domestic developers of goods,
services, or technologies by Manufacturing USA Network
activities with domestic manufacturers and sources of
financing.
(ii) Measures to develop and provide incentives to promote
transfer of intellectual property and goods, services, or
technologies developed by Manufacturing USA Network
activities to domestic manufacturers.
(iii) Measures to assist with supplier scouting and other
supply chain development, including the use of the Hollings
Manufacturing Extension Partnership to carry out such
measures.
(iv) A process to review and approve or deny membership in
a Manufacturing USA institute by foreign-owned companies,
especially from countries of concern, including the People's
Republic of China.
(v) Measures to prioritize Federal procurement of goods,
services, or technologies developed by the Manufacturing USA
Network activities from domestic sources, as appropriate.
(C) Processes for waivers.--The policies established under
this paragraph shall include processes to permit waivers, on
a case by case basis, for policies that promote domestic
production based on cost, availability, severity of technical
and mission requirements, emergency requirements, operational
needs, other legal or international treaty obligations, or
other factors deemed important to the success of the
Manufacturing USA Program.
(3) Prohibition.--
(A) Company defined.--In this paragraph, the term
``company'' has the meaning given such term in section 847(a)
of the National Defense Authorization Act for Fiscal Year
2020 (Public Law 116-92; 10 U.S.C. 2509 note).
(B) In general.--A company of the People's Republic of
China may not participate in the Manufacturing USA Program or
the Manufacturing USA Network without a waiver, as described
in paragraph (2)(C).
SEC. 10. TECHNOLOGY COMMERCIALIZATION REVIEW.
(a) Key Technology Focus Areas Defined.--In this section,
the term ``key technology focus areas'' means the areas
included on the most recent list under section
[[Page S2085]]
8A(d)(2) of the National Science Foundation Act of 1950.
(b) Review and Recommendations Required.--Not later than
180 days after the date of the enactment of this Act, the
Director of the Office of Science and Technology Policy, in
consultation with the Director of the National Science
Foundation and the Director of the National Institute of
Standards and Technology, shall--
(1) review--
(A) the structure of current technology research and
commercialization arrangements with regard to public-private
partnerships; and
(B) the extent to which intellectual property developed
with Federal funding--
(i) has been used by foreign business entities;
(ii) is being used to manufacture in the United States
rather than in other countries; and
(iii) is being used by foreign business entities domiciled
or by foreign business entities affiliated with or subsidiary
to foreign business entities in the People's Republic of
China.
(2) develop recommendations for such legislative or
administrative action as may be necessary--
(A) to further incentivize industry participation in
public-private partnerships for the purposes of accelerating
technology research and commercialization, including
alternate ways of accounting for in-kind contributions and
value of partially manufactured products;
(B) to ensure that intellectual property developed with
Federal funding is commercialized in the United States; and
(C) to ensure that intellectual property developed with
Federal funding is not being used by foreign business
entities or by foreign business entities affiliated with or
subsidiary to foreign business entities domiciled in the
People's Republic of China; and
(3) submit to the Secretary of Commerce and Congress--
(A) the findings of the Director of the Office of Science
and Technology Policy with respect to the reviews conducted
under paragraph (1); and
(B) the recommendations developed under paragraph (2).
SEC. 11. STUDY ON EMERGING SCIENCE AND TECHNOLOGY CHALLENGES
FACED BY THE UNITED STATES AND RECOMMENDATIONS
TO ADDRESS THEM.
(a) Short Title.--This section may be cited as the
``National Strategy to Ensure American Leadership Act of
2021'' or the ``National SEAL Act of 2021''.
(b) Study.--
(1) In general.--The Secretary of Commerce (referred to in
this section as the ``Secretary'') shall seek to enter into
an agreement with the National Academies of Sciences,
Engineering, and Medicine to conduct a study--
(A) to identify the 10 most critical emerging science and
technology challenges facing the United States; and
(B) to develop recommendations for legislative or
administrative action to ensure United States leadership in
matters relating to such challenges.
(2) Elements.--The study conducted under paragraph (1)
shall include identification, review, and evaluation of the
following:
(A) Matters pertinent to identification of the challenges
described in paragraph (1)(A).
(B) Matters relating to the recommendations developed under
paragraph (1)(B), including with respect to education and
workforce development necessary to address each of the
challenges identified under paragraph (1)(A).
(C) Matters related to the review of key technology areas
by the Directorate for Technology and Innovation of the
National Science Foundation under section 8A(d) of the
National Science Foundation Act of 1950.
(D) An assessment of the current relative balance in
leadership in addressing the challenges identified in
paragraph (1)(A) between the United States, allies or key
partners of the United States, and the People's Republic of
China.
(3) Timeframe.--
(A) Agreement.--The Secretary shall seek to enter into the
agreement required by paragraph (1) on or before the date
that is 60 days after the date of enactment of this Act.
(B) Findings.--Under an agreement entered into under
paragraph (1), the National Academies of Sciences,
Engineering, and Medicine shall, not later than 1 year after
the date on which the Secretary and the National Academies
enter into such agreement, transmit to the Secretary the
findings of the National Academies with respect to the study
conducted pursuant to such agreement.
(c) Report.--
(1) In general.--Not later than 30 days after the date on
which the Secretary receives the findings of the National
Academies of Sciences, Engineering, and Medicine with respect
to the study conducted under subsection (b), the Secretary
shall submit to Congress a ``Strategy to Ensure American
Leadership'' report on such study.
(2) Contents.--The report submitted under paragraph (1)
shall include the following:
(A) The findings of the National Academies of Sciences,
Engineering, and Medicine with respect to the study conducted
under subsection (b).
(B) The conclusions of the Secretary with respect to such
findings.
(C) The recommendations developed under subsection
(b)(1)(B).
(D) Such other recommendations for legislative or
administrative action as the Secretary may have with respect
to such findings and conclusions.
(3) Classified annex.--The report submitted under paragraph
(1) shall be submitted in unclassified form, but may include
a classified annex if the Secretary determines appropriate.
(d) Information From Federal Agencies.--
(1) In general.--The National Academies of Sciences,
Engineering, and Medicine may secure directly from a Federal
department or agency such information as the National
Academies of Sciences, Engineering, and Medicine consider
necessary to carry out the study under subsection (b).
(2) Furnishing information.--On request of the National
Academies of Sciences, Engineering, and Medicine for
information, the head of the department or agency shall
furnish such information to the National Academies of
Sciences, Engineering, and Medicine.
(e) Consultation.--The Secretary of Defense and the
Director of National Intelligence shall provide support upon
request from the Secretary of Commerce or the National
Academies to carry out this section.
(f) Non-duplication of Effort.--In carrying out subsection
(b), the Secretary shall, to the degree practicable,
coordinate with the steering committee established under
section 236(a) of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law
116-283).
SEC. 12. COORDINATION OF ACTIVITIES.
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--
(1) the university technology centers established under
section 8A(d)(6) of the National Science Foundation Act of
1950;
(2) the regional technology hubs under section 28 of the
Stevenson-Wydler Technology Innovation Act of 1980, as added
by section 7;
(3) the Manufacturing USA Program established under section
34(b)(1) of the National Institute of Standards and
Technology Act (15 U.S.C. 278s(b)(1));
(4) Federally funded research and development centers;
(5) National Laboratories, as defined in section 2 of the
Energy Policy Act of 2005 (42 U.S.C. 15801); and
(6) Federal laboratories, as defined in section 4 of the
Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C.
3703).
SEC. 13. PERSON OR ENTITY OF CONCERN PROHIBITION.
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--
(1) section 8A of the National Science Foundation Act of
1950 (Public Law 81-507), as added by section 3;
(2) the Endless Frontier Fund under section 4;
(3) the supply chain resiliency program under section 6;
(4) section 28(b)(1) of the Stevenson-Wydler Technology
Innovation Act of 1980 (Public Law 96-480), as added by
section 7(a);
(5) section 29 of the Stevenson-Wydler Technology
Innovation Act of 1980 (Public Law 96-480), as added by
section 8; or
(6) the Manufacturing USA Program, as improved and expanded
under section 9.
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