42 U.S.C. § 19108 — Regional Innovation Engines

Page 9302 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 19108 tion materials, and related manufacturing technologies. (d) Relationship between United States societal, national, and geostrategic challenges and key technology focus areas (1) In updating the list under subsection (a)(1), the Director shall evaluate national and global technology trends. (2) In updating the list under subsection (a)(2), the Director shall consider the impact of the se- lected technologies on United States societal, national, and geostrategic challenges. (3) The list under subsection (a)(2) may, but is not required to, align directly with the list under subsection (a)(1). (4) Nothing under this section shall prevent the Director from making limited investments in technologies or areas not identified in sub- section (a)(1) or subsection (a)(2). (e) Review and updates The Director, in coordination with the inter- agency working group established under part D of subchapter VI and in consultation with the Director of National Intelligence and the Direc- tor of the Federal Bureau of Investigation, shall annually review and update as appropriate, the list of key technology focus areas for purposes of this division. As part of the annual review, the Director— (1) shall consider input from relevant indus- tries and stakeholders; (2) may consider the challenges and rec- ommendations identified in the reports re- quired by sections 6615 and 6615b of this title, as added by section 10611 and 10613 of this divi- sion and in other relevant reports, such as technology and global trend reports from the defense and intelligence communities; (3) shall consider the potential impact of the key technology focus areas on addressing soci- etal, national, and geostrategic challenges; and (4) subject to the limitation under sub- section (a), may add or delete key technology focus areas in light of shifting national needs or competitive threats to the United States (including for reasons of the United States or other countries having advanced or fallen be- hind in a technological area). (f) Reporting At the conclusion of the annual review and up- date process required by subsection (e), the Di- rector, in consultation with other Federal re- search agencies, as appropriate, shall deliver a report to Congress detailing— (1) the key technology focus areas and ra- tionale for their selection; (2) the societal, national, and geostrategic challenges and rationale for their selection; (3) the role of the Foundation in advancing the key technology focus areas; (4) the impact, including to the academic re- search community, of any changes to the key technology focus areas; and (5) the activities and partnerships between the Directorate and the private sector. (g) Detailed description The National Science Foundation shall, in co- ordination with the Office of Management and Budget, submit as part of their annual budget requests to Congress, a detailed description of the activities to be funded under this part, in- cluding an explanation of how the requested funding is complementary and not redundant of programs, efforts, and infrastructure under- taken or supported by other relevant Federal agencies. (h) National Academies Not later than 5 years after August 9, 2022, the Director shall contract with the National Acad- emies to conduct a review of the key technology focus areas and the societal, national, and geostrategic challenges, including— (1) an assessment of their selection process; (2) an assessment of their relevance to the purposes of the Directorate, including to solv- ing challenges with social, economic, health, scientific, and national security implications; (3) a review of whether Federal investment in the key technology focus areas have re- sulted in new domestic manufacturing capac- ity and job creation; (4) an assessment of any critical, new emerg- ing areas; (5) an assessment of Federal investments in education and workforce development to sup- port the key technology focus areas; and (6) an assessment of relative balance in lead- ership in addressing the key technology focus areas between the United States, allied and partner countries, and the People’s Republic of China. (Pub. L. 117–167, div. B, title III, § 10387, Aug. 9, 2022, 136 Stat. 1579.) Editorial Notes REFERENCES IN TEXT This division, referred to in subsec. (e), is div. B of Pub. L. 117–167, Aug. 9, 2022, 136 Stat. 1399, which en- acted this chapter and enacted, amended, and repealed numerous other sections and notes in the Code. For complete classification of div. B to the Code, see Short Title note set out under section 18901 of this title and Tables. Sections 10611 and 10613 of this division, referred to in subsec. (e)(2), are sections 10611 and 10613 of div. B of Pub. L. 117–167, which, respectively, generally amended section 6615 of this title and enacted section 6615b of this title. § 19108. Regional Innovation Engines (a) In general From amounts made available to the Direc- torate, the Director shall make awards to eligi- ble entities for the planning, establishment, and support of Regional Innovation Engines. (b) Purpose The purpose of the Regional Innovation En- gines shall be to— (1) advance multidisciplinary, collaborative, use-inspired and translational research, tech- nology development, in key technology focus areas; (2) address regional, national, societal, or geostrategic challenges; (3) leverage the expertise of multi-discipli- nary and multi-sector partners, including partners from private industry, nonprofit or- Page 9303 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 19108 ganizations, and civil society organizations; and (4) support the development of scientific, in- novation, entrepreneurial, and STEM edu- cational capacity within the region of the Re- gional Innovation Engine to grow and sustain regional innovation. (c) Uses of funds Funds awarded under this section may be used by a Regional Innovation Engine to— (1) conduct use-inspired and translational re- search and technology development to ad- vance innovation in at least one of the key technology focus areas and to help solve a compelling regional, national, societal, or geostrategic challenge; (2) further the development, adoption, and commercialization of innovations in key tech- nology focus areas, including through support for proof-of-concept development, and through partnership with other Federal agencies and Federal laboratories, industry, including startup companies, labor organizations, civil society organizations, and State, territorial, local, and Tribal governments; (3) develop and manage, or facilitate access to, test beds and instrumentation, which may include fabrication facilities and cyberinfrastructure, to advance the develop- ment, integration, and demonstration of new, innovative technologies, including hardware or software; (4) establish traineeship programs for grad- uate students who pursue degrees and research related to the key technology focus areas lead- ing to a masters or doctorate degree by pro- viding funding and other assistance, and op- portunities for research experiences in govern- ment or industry related to the students’ stud- ies; (5) engage in outreach and engagement in the region to broaden participation in the ac- tivities of the Regional Innovation Engine; and (6) reimburse, in part or in whole, the cost of instrumentation, technology transfer, and commercialization activities, including pat- enting and licensing, and for operations and staff, as the Director determines appropriate. (d) Selection process In making awards under this part, the Direc- tor shall consider, in addition to the scientific and technical merit of the proposal, the extent to which the activities and locations proposed— (1) have the potential to create an innova- tion ecosystem, or enhance existing eco- systems and contribute to job creation in a re- gion; (2) demonstrate a capacity to engage and partner with multiple types of institutions of higher education, industry, labor, nonprofit organizations, civil society organizations, other Federal agencies, Federal laboratories, State, local, and Tribal governments, and other appropriate organizations, including to inform research directions and account for ethical, societal, safety, and security implica- tions relevant to the potential applications of the research; (3) demonstrate a capacity to broaden par- ticipation of populations historically under- represented in STEM in the activities of the Regional Innovation Engine; and (4) demonstrate a plan and capability to pre- vent the inappropriate use or dissemination of the research and technology, including re- search results, data, and intellectual property, as appropriate and consistent with the re- quirements of the relevant award. (e) Requirements (1) Eligibility For the purposes of this section, an ‘‘eligible entity’’ means an institution of higher edu- cation, a nonprofit organization, a private sec- tor entity, or a consortium thereof. (2) Partnerships To be eligible for an award under this sec- tion an eligible entity— (A) shall include in its proposal partner- ship with 1 or more institution that is— (i) a historically Black college or univer- sity; (ii) a Tribal College or University; (iii) a minority-serving institution; (iv) an EPSCoR institution; (v) an emerging research institution; or (vi) a community college; (B) may include partnership with 1 or more— (i) additional entities described in para- graph (2)(A); (ii) industry entities, including startups, small businesses, and public-private part- nerships; (iii) economic development organiza- tions or venture development organiza- tions, as such terms are defined in section 3722a(a) of title 15, as added by section 10621 of this division; (iv) National Laboratories; (v) Federal laboratories, as defined in section 3703 of title 15; (vi) Federal research facilities; (vii) labor organizations; (viii) entities described in paragraph (1) or (2) from allied or partner countries; (ix) other entities to be vital to the suc- cess of the program, as determined by the Director; (x) binational research and development foundations and funds, excluding those af- filiated with foreign entities of concern, as defined in section 19221 of this title; and (xi) Engineer Research and Development Center laboratories of the Army Corps of Engineers; and (C) shall include as part of its proposal a plan for— (i) establishing a sustained partnership that is jointly developed and managed, draws from the capacities of each institu- tion, and is mutually beneficial; and (ii) documents governance and manage- ment plans, financial contributions from non-Federal sources, and plans for owner- ship and use of any intellectual property. (3) Promoting partnerships In making awards under this section, the Di- rector shall encourage applicants for a Re- Page 9304 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 19109 gional Innovation Engine that include mul- tiple regional partners as described in sub- section (e)(2). (4) Geographic distribution In making awards under this section, the Di- rector shall take into consideration the extent to which the proposals expand the geographic distribution of the Regional Innovation En- gines, including by giving special consider- ation to rural-serving institutions of higher education. (5) Resource availability The Director shall ensure that any eligible entity receiving an award under this section shall— (A) provide information on relevant cur- rently existing resources available to the proposing team from all internal and exter- nal sources, including all partner organiza- tions; and (B) include letters of collaboration from partner organizations that include informa- tion on resource contributions committed by such partners. (f) Collaboration with regional technology hubs Each Regional Innovation Engine established under this section may collaborate and partici- pate in, as appropriate, the activities of any re- gional technology hub designated under section 3722a of title 15, as added by section 10621. (g) Duration (1) Initial period An award under this section shall be for an initial period of 5 years. (2) Renewal An established Regional Innovation Engine may apply for, and the Director may award, extended funding for periods of 5 years on a merit-reviewed basis. (h) Competitive, merit-review In making awards under this section, the Di- rector shall— (1) use a competitive, merit review process that includes peer review by a diverse group of individuals with relevant expertise from both the private and public sectors; and (2) ensure the focus areas of the Regional In- novation Engines do not substantially and un- necessarily duplicate the efforts of any other Regional Innovation Engine or any other simi- lar effort at another Federal agency. (i) Collaboration In making awards under this section, the Di- rector may collaborate with Federal depart- ments and agencies whose missions contribute to or are affected by the technology focus area of the institute. (Pub. L. 117–167, div. B, title III, § 10388, Aug. 9, 2022, 136 Stat. 1581.) Editorial Notes REFERENCES IN TEXT Section 10621 of this division and section 10621, re- ferred to in subsecs. (e)(2)(B)(iii) and (f), mean section 10621 of div. B of Pub. L. 117–167. § 19109. Translation Accelerator (a) In general The Director shall establish Translation Ac- celerators to further the research, development, and commercialization of innovation in the key technology focus areas. (b) Partnerships (1) In general Each Translation Accelerator shall be com- prised of a partnership including 2 or more of the following entities: (A) An institution of higher education. (B) A for-profit company. (C) A nonprofit organization. (D) A Federal agency. (E) Another entity, if that entity is deter- mined by the Director to be vital to the suc- cess of the program. (2) Institutional or organizational level The Director shall work to ensure that such partnerships exist at the institutional or orga- nization level, rather than solely at the prin- cipal investigator level. (3) Cost share Not less than 25 percent of the funding for an institute shall be provided by non-Federal en- tities. (4) Number of centers and institutes estab- lished The Director shall endeavor to establish a balance in the number of Regional Innovation Engines and Translation Accelerators. (c) Authorization of appropriations From within funds authorized for the Direc- torate for Technology, Innovation, and Partner- ships, there are authorized to carry out the ac- tivities under this section and section 19108 of this title $6,500,000,000 for fiscal years 2023 through 2027. (Pub. L. 117–167, div. B, title III, § 10389, Aug. 9, 2022, 136 Stat. 1584.) § 19110. Test beds (a) Program authorized (1) In general From amounts made available for the Direc- torate, the Director, in coordination with the Director of the National Institute of Stand- ards and Technology, the Secretary of Energy, and other Federal agencies, as determined ap- propriate by the Director, shall establish a program in the Directorate to make awards, on a competitive basis, to institutions of high- er education, nonprofit organizations, or con- sortia thereof to establish and operate test beds, which may include fabrication facilities and cyberinfrastructure, to advance the devel- opment, operation, integration, deployment, and, as appropriate, demonstration of new, in- novative critical technologies, which may in- clude hardware or software. (2) Coordination In establishing new test beds under this sec- tion, the Director shall ensure coordination