42 U.S.C. § 19110 — Test beds

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 Page 9305 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 19111 with other test beds supported by the Founda- tion or other Federal agencies to avoid dupli- cation and maximize the use of Federal re- sources. (b) Proposals An applicant for an award under this section shall submit a proposal to the Director, at such time, in such manner, and containing such in- formation as the Director may reasonably re- quire. The proposal shall, at a minimum, de- scribe— (1) the technology or technologies that will be the focus of the test bed; (2) the goals of the work to be done at the test bed; (3) how the applicant will assemble a work- force with the skills needed to operate the test bed; (4) how the applicant will ensure broad ac- cess to the test bed; (5) how the applicant will collaborate with firms in critical technologies, including through coordinated research and develop- ment and funding, to ensure that work in the test bed will contribute to the commercial via- bility of any technologies and will include col- laboration from industry and labor organiza- tions; (6) how the applicant will encourage the par- ticipation of inventors and entrepreneurs and the development of new businesses; (7) how the applicant will increase participa- tion by populations that are underrepresented in STEM; (8) how the applicant will demonstrate that the commercial viability of any new tech- nologies will support the creation of high- quality domestic jobs; (9) how the test bed will operate after Fed- eral funding has ended; (10) how the test bed will disseminate les- sons and other technical information to United States entities or allied or partner country entities in the United States; and (11) how the applicant plans to take meas- ures to prevent the inappropriate use of re- search results, data, and intellectual property, as applicable and consistent with the require- ments of the award. (c) Authorized use of funds A recipient of an award under this section may, consistent with the purposes of this sec- tion, use the award for the purchase of equip- ment and for the support of students, faculty and staff, and postdoctoral researchers. (d) Geographic diversity In selecting award recipients under this sec- tion, the Director shall consider the extent to which proposals would expand the geographic di- versity of test beds. (Pub. L. 117–167, div. B, title III, § 10390, Aug. 9, 2022, 136 Stat. 1585.) § 19111. Planning and capacity building awards (a) In general Under the program established in section 1862p–2 of this title and the activities authorized under this section, from amounts made avail- able to the Directorate, the Director, in coordi- nation with other Federal agencies as deter- mined appropriate by the Director, shall make awards, on a competitive basis, to eligible enti- ties to advance the development, adoption, and commercialization of technologies, consistent with the purposes of the Directorate under sec- tion 19102 of this title. (b) Eligible entity To be eligible to receive an award under this section, an entity shall be— (1) an institution of higher education, which may be a community college (or a consortium of such institutions); (2) a nonprofit organization that is either af- filiated with an institution of higher edu- cation or designed to support technology de- velopment or entrepreneurship; or (3) a consortium that includes— (A) an entity described in paragraph (1) or (2) as the lead award recipient; and (B) one or more additional individuals or entities, which shall be— (i) an economic development organiza- tion or similar entity that is focused pri- marily on improving science, technology, innovation, or entrepreneurship; (ii) an industry organization or firm in a relevant technology or innovation sector; (iii) an industry-experienced executive with entrepreneurship experience that is focused primarily on de-risking tech- nologies from both a scientific and a busi- ness perspective; or (iv) an individual or entity with industry and startup expertise, including a mentor network, across relevant technology or in- novation sectors. (c) Use of funds In addition to activities listed under section 19103 of this title, an eligible entity receiving an award under this section may use funds to— (1) identify academic research with the po- tential for technology transfer and commer- cialization, particularly as relevant to the purposes of the Directorate under section 19102 of this title; (2) ensure the availability of staff, including technology transfer professionals, entre- preneurs in residence, and other mentors as required to accomplish the purpose of this sec- tion; (3) help offset the costs of patenting and li- censing research products, both domestically and internationally; (4) revise institution policies, including poli- cies related to intellectual property and fac- ulty entrepreneurship, and taking other nec- essary steps to implement relevant best prac- tices for academic technology transfer; (5) develop local, regional, and national part- nerships among institutions of higher edu- cation and between institutions of higher edu- cation and private sector entities and other relevant organizations, including investors, with the purpose of building networks, exper- tise, and other capacity to identify promising research that may have potential market value and enable researchers to pursue further development and transfer of their ideas into possible commercial or other use;