42 USC 19111 - Planning and capacity building awards

Collapse to view only § 19111. Planning and capacity building awards

§ 19101. Establishment
§ 19102. Purposes
§ 19103. Activities
§ 19104. Requirements
§ 19105. Assistant Director
§ 19106. Advisory committee
§ 19107. Challenges and focus areas
§ 19108. Regional Innovation Engines
§ 19109. Translation Accelerator
§ 19110. Test beds
§ 19111. Planning and capacity building awards
§ 19112. Entrepreneurial fellowships
§ 19113. Scholarships and fellowships
§ 19114. Research and development awards
§ 19115. Scaling innovations in PreK–12 STEM education
§ 19116. Authorities
§ 19117. Coordination of activities
§ 19118. Ethical, legal, and societal considerations
§ 19119. Reports and roadmaps
§ 19120. Evaluation

§ 19101. Establishment

There is established within the Foundation the Directorate for Technology, Innovation, and Partnerships to advance research and development, technology development, and related solutions to address United States societal, national, and geostrategic challenges, for the benefit of all Americans.

(Pub. L. 117–167, div. B, title III, § 10381, Aug. 9, 2022, 136 Stat. 1576.)

§ 19102. Purposes

The purposes of the Directorate established under section 19101 of this title are to—

(1) support use-inspired and translational research and accelerate the development and use of federally funded research;

(2) strengthen United States competitiveness by accelerating the development of key technologies; and

(3) grow the domestic workforce in key technology focus areas, and expand the participation of United States students and researchers in areas of societal, national, and geostrategic importance, at all levels of education.

(Pub. L. 117–167, div. B, title III, § 10382, Aug. 9, 2022, 136 Stat. 1576.)

§ 19103. ActivitiesSubject to the availability of appropriated funds, the Director shall achieve the purposes described in section 19102 of this title by making awards through the Directorate that—

(1) support transformational advances in use-inspired and translational research and technology development, including through diverse funding mechanisms and models at different scales, to include convergence accelerators and projects designed to achieve specific technology metrics or objectives;

(2) encourage the translation of research into innovations, processes, and products, including by—

(A) engaging researchers on topics relevant to United States societal, national, and geostrategic challenges, including by educating researchers on engaging with end users and the public;

(B) advancing novel approaches and reducing barriers to technology transfer, including through intellectual property frameworks between academia and industry, nonprofit entities, venture capital communities, and approaches to technology transfer for applications with public benefit that may not rely on traditional commercialization tools; and

(C) establishing partnerships that connect researchers and research products to businesses, accelerators, and incubators that enable research uptake, prototype development and scaling, entrepreneurial education, and the formation and growth of new companies;

(3) develop mutually-beneficial research and technology development partnerships and collaborations among institutions of higher education, including historically Black colleges and universities, Tribal Colleges or Universities, minority-serving institutions, emerging research institutions, EPSCoR institutions, and nonprofit organizations, labor organizations, businesses and other for-profit entities, Federal or State agencies, local or Tribal governments, civil society organizations, other Foundation directorates, national labs, field stations and marine laboratories, and, as appropriate, international entities and binational research and development foundations and funds, excluding foreign entities of concern;

(4) partner with other directorates and offices of the Foundation for specific projects or research areas including—

(A) to pursue basic questions about natural, human, and physical phenomena that could enable advances in the challenges and key technology focus areas under section 19107 of this title;

(B) to study questions that could affect the design (including human interfaces), safety, security, operation, deployment, or the social and ethical consequences of technologies and innovations in the challenges and key technology focus areas under section 19107 of this title, including the development of technologies and innovations that complement or enhance the abilities of workers and impact of specific innovations on domestic jobs and equitable opportunity; and

(C) to further the creation of a domestic workforce capable of advancing, using, and adapting to the key technology focus areas;

(5) build capacity and infrastructure for use-inspired and translational research at institutions of higher education across the United States, including by making awards to support administrative activities that advance development, operation, integration, deployment, and sharing of innovation;

(6) support the education, mentoring, and training of undergraduate students, graduate students, and postdoctoral researchers, to both advance use-inspired and translational research and to address workforce challenges, through scholarships, fellowships, and traineeships; and

(7) identify social, behavioral, and economic drivers and consequences of technological innovations that could enable advances in the challenges and key technology focus areas under

(Pub. L. 117–167, div. B, title III, § 10383, Aug. 9, 2022, 136 Stat. 1576.)

§ 19104. Requirements

In carrying out the activities under the Directorate, the Director shall ensure the programmatic work of the Directorate and Foundation—

(1) utilizes the full potential of the United States workforce by avoiding undue geographic concentration of research and development and education funding across the United States, and encourages broader participation in the key technology focus area workforce by populations historically underrepresented in STEM; and

(2) incorporates a worker perspective through participation by labor organizations and workforce training organizations.

(Pub. L. 117–167, div. B, title III, § 10384, Aug. 9, 2022, 136 Stat. 1577.)

§ 19105. Assistant Director

(a) In general

(b) QualificationsThe Assistant Director shall be an individual, who by reason of professional background and experience, is specially qualified to—

(1) advise the Director on all matters pertaining to use-inspired and translational research, development, and commercialization at the Foundation, including partnership with the private sector and other users of Foundation funded research; and

(2) develop and implement the necessary policies and procedures to promote a culture of use-inspired and translational research within the Directorate and across the Foundation and carry out the responsibilities under subsection (c).

(1) advising the Director on all matters pertaining to use-inspired and translational research and development activities at the Foundation, including effective practices for convergence research, and the potential impact of Foundation research on United States societal, national and geostrategic challenges;

(2) identifying opportunities for and facilitating coordination and collaboration, where appropriate, on use-inspired and translational research, development, adoption, and commercialization—

(A) among the offices, directorates, and divisions within the Foundation; and

(B) between the Foundation and stakeholders in academia, the private sector, including non-profit entities, labor organizations, Federal or State agencies, and international entities, as appropriate;

(3) ensuring that the activities carried out under this part do not substantially and unnecessarily duplicate activities supported by other parts of the Foundation or other relevant Federal agencies;

(4) approving all new programs within the Directorate;

(5) developing and testing diverse merit-review models and mechanisms for selecting and providing awards for use-inspired and translational research and development at different scales, from individual investigator awards to large multi-institution collaborations;

(6) assessing the success of programs;

(7) administering awards to achieve the purposes described in section 19102 of this title; and

(8) performing other such duties pertaining to the purposes in section 19102 of this title as are required by the Director.

(d) Relationship to the Director

(e) Relationship to other programs

(Pub. L. 117–167, div. B, title III, § 10385, Aug. 9, 2022, 136 Stat. 1577.)

§ 19106. Advisory committee

(a) In general

(b) Membership

The advisory committee members shall—

(1) be individuals with relevant experience or expertise, including individuals from industry and national labs, educators, academic subject matter experts, including individuals with knowledge of key technology focus areas and their impact on United States national security and geostrategic leadership, the technical and social dimensions of science and technology, technology transfer experts, labor organizations, representatives of civil society, and other nongovernmental organizations; and

(2) consist of at least 10 members broadly representative of stakeholders, including no less than 3 members from the private sector, none of whom shall be an employee of the Federal Government, and no less than 1 member with significant expertise in United States national security and economic competitiveness.

The Committee’s responsibilities shall include—

(1) reviewing and advising on activities carried out under this part;

(2) proposing strategies for fulfilling the purposes in section 19102 of this title;

(3) proposing potential areas of research, particularly as relevant to United States societal, national, and geostrategic challenges; and

(4) other relevant issues as determined by the Director.

(Pub. L. 117–167, div. B, title III, § 10386, Aug. 9, 2022, 136 Stat. 1578.)

§ 19107. Challenges and focus areas

(a) In general

In consultation with the Assistant Director, the Board, and the interagency working group established under part D of subchapter VI, the Director shall identify, and annually review and update as appropriate, a list of—

(1) not more than 5 United States societal, national, and geostrategic challenges that may be addressed by technology to guide activities under this part; and

(2) not more than 10 key technology focus areas to guide activities under this part.

(b) Initial list of societal, national, and geostrategic challenges

The initial list of societal, national, and geostrategic challenges are the following:

(1) United States national security.

(2) United States manufacturing and industrial productivity.

(3) United States workforce development and skills gaps.

(4) Climate change and environmental sustainability.

(5) Inequitable access to education, opportunity, or other services.

The initial list of key technology focus areas are the following:

(1) Artificial intelligence, machine learning, autonomy, and related advances.

(2) High performance computing, semiconductors, and advanced computer hardware and software.

(3) Quantum information science and technology.

(4) Robotics, automation, and advanced manufacturing.

(5) Natural and anthropogenic disaster prevention or mitigation.

(6) Advanced communications technology and immersive technology.

(7) Biotechnology, medical technology, genomics, and synthetic biology.

(8) Data storage, data management, distributed ledger technologies, and cybersecurity, including biometrics.

(9) Advanced energy and industrial efficiency technologies, such as batteries and advanced nuclear technologies, including but not limited to for the purposes of electric generation (consistent with section 1874 of this title.

(10) Advanced materials science, including composites 2D materials, other next-generation 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 selected 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 subsection (a)(1) or subsection (a)(2).

(e) Review and updates

The Director, in coordination with the interagency working group established under part D of subchapter VI and in consultation with the Director of National Intelligence and the Director 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 industries and stakeholders;

(2) may consider the challenges and recommendations identified in the reports required by sections 6615 and 6615b of this title, as added by section 10611 and 10613 of this division 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 societal, national, and geostrategic challenges; and

(4) subject to the limitation under subsection (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 behind in a technological area).

(f) Reporting

At the conclusion of the annual review and update process required by subsection (e), the Director, in consultation with other Federal research agencies, as appropriate, shall deliver a report to Congress detailing—

(1) the key technology focus areas and rationale 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 research 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

(h) National Academies

Not later than 5 years after August 9, 2022, the Director shall contract with the National Academies 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 solving challenges with social, economic, health, scientific, and national security implications;

(3) a review of whether Federal investment in the key technology focus areas have resulted in new domestic manufacturing capacity and job creation;

(4) an assessment of any critical, new emerging areas;

(5) an assessment of Federal investments in education and workforce development to support the key technology focus areas; and

(6) an assessment of relative balance in leadership 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.)

§ 19108. Regional Innovation Engines

(a) In general

(b) PurposeThe purpose of the Regional Innovation Engines shall be to—

(1) advance multidisciplinary, collaborative, use-inspired and translational research, technology development, in key technology focus areas;

(2) address regional, national, societal, or geostrategic challenges;

(3) leverage the expertise of multi-disciplinary and multi-sector partners, including partners from private industry, nonprofit organizations, and civil society organizations; and

(4) support the development of scientific, innovation, entrepreneurial, and STEM educational capacity within the region of the Regional Innovation Engine to grow and sustain regional innovation.

(1) conduct use-inspired and translational research and technology development to advance 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 technology 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 development, integration, and demonstration of new, innovative technologies, including hardware or software;

(4) establish traineeship programs for graduate students who pursue degrees and research related to the key technology focus areas leading to a masters or doctorate degree by providing funding and other assistance, and opportunities for research experiences in government or industry related to the students’ studies;

(5) engage in outreach and engagement in the region to broaden participation in the activities of the Regional Innovation Engine; and

(6) reimburse, in part or in whole, the cost of instrumentation, technology transfer, and commercialization activities, including patenting and licensing, and for operations and staff, as the Director determines appropriate.

(d) Selection processIn making awards under this part, the Director 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 innovation ecosystem, or enhance existing ecosystems and contribute to job creation in a region;

(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 implications relevant to the potential applications of the research;

(3) demonstrate a capacity to broaden participation of populations historically underrepresented in STEM in the activities of the Regional Innovation Engine; and

(4) demonstrate a plan and capability to prevent the inappropriate use or dissemination of the research and technology, including research results, data, and intellectual property, as appropriate and consistent with the requirements of the relevant award.

(e) Requirements

(1) Eligibility

(2) PartnershipsTo be eligible for an award under this section an eligible entity—

(A) shall include in its proposal partnership with 1 or more institution that is—

(i) a historically Black college or university;

(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 paragraph (2)(A);

(ii) industry entities, including startups, small businesses, and public-private partnerships;

(iii) economic development organizations or venture development organizations, 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 success of the program, as determined by the Director;

(x) binational research and development foundations and funds, excluding those affiliated 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

(i) establishing a sustained partnership that is jointly developed and managed, draws from the capacities of each institution, and is mutually beneficial; and

(ii) documents governance and management plans, financial contributions from non-Federal sources, and plans for ownership and use of any intellectual property.

(3) Promoting partnerships

(4) Geographic distribution

(5) Resource availabilityThe Director shall ensure that any eligible entity receiving an award under this section shall—

(A) provide information on relevant currently existing resources available to the proposing team from all internal and external sources, including all partner organizations; and

(B) include letters of collaboration from partner organizations that include information on resource contributions committed by such partners.

(f) Collaboration with regional technology hubs

(g) Duration

(1) Initial period

(2) Renewal

(h) Competitive, merit-reviewIn making awards under this section, the Director 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 Innovation Engines do not substantially and unnecessarily duplicate the efforts of any other Regional Innovation Engine or any other similar effort at another Federal agency.

(i) Collaboration

(Pub. L. 117–167, div. B, title III, § 10388, Aug. 9, 2022, 136 Stat. 1581.)

§ 19109. Translation Accelerator

(a) In general

(b) Partnerships

(1) In general

Each Translation Accelerator shall be comprised of a partnership including 2 or more of the following entities:

(A) An institution of higher education.

(B) A for-profit company.

(D) A Federal agency.

(E) Another entity, if that entity is determined by the Director to be vital to the success of the program.

(2) Institutional or organizational level

(3) Cost share

(4) Number of centers and institutes established

(Pub. L. 117–167, div. B, title III, § 10389, Aug. 9, 2022, 136 Stat. 1584.)

§ 19110. Test beds

(a) Program authorized

(1) In general

(2) Coordination

(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 information as the Director may reasonably require. The proposal shall, at a minimum, describe—

(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 workforce with the skills needed to operate the test bed;

(4) how the applicant will ensure broad access to the test bed;

(5) how the applicant will collaborate with firms in critical technologies, including through coordinated research and development and funding, to ensure that work in the test bed will contribute to the commercial viability of any technologies and will include collaboration from industry and labor organizations;

(6) how the applicant will encourage the participation of inventors and entrepreneurs and the development of new businesses;

(7) how the applicant will increase participation by populations that are underrepresented in STEM;

(8) how the applicant will demonstrate that the commercial viability of any new technologies will support the creation of high-quality domestic jobs;

(9) how the test bed will operate after Federal funding has ended;

(10) how the test bed will disseminate lessons 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 measures to prevent the inappropriate use of research results, data, and intellectual property, as applicable and consistent with the requirements of the award.

(d) Geographic diversity

(Pub. L. 117–167, div. B, title III, § 10390, Aug. 9, 2022, 136 Stat. 1585.)

§ 19111. Planning and capacity building awards

(a) In general

(b) Eligible entityTo 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 affiliated with an institution of higher education or designed to support technology development 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 organization or similar entity that is focused primarily 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 technologies from both a scientific and a business perspective; or

(iv) an individual or entity with industry and startup expertise, including a mentor network, across relevant technology or innovation sectors.

(c) Use of fundsIn 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 potential for technology transfer and commercialization, 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, entrepreneurs in residence, and other mentors as required to accomplish the purpose of this section;

(3) help offset the costs of patenting and licensing research products, both domestically and internationally;

(4) revise institution policies, including policies related to intellectual property and faculty entrepreneurship, and taking other necessary steps to implement relevant best practices for academic technology transfer;

(5) develop local, regional, and national partnerships among institutions of higher education and between institutions of higher education and private sector entities and other relevant organizations, including investors, with the purpose of building networks, expertise, 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;

(6) develop seminars, courses, and other educational opportunities for students, post-doctoral researchers, faculty, and other relevant staff at institutions of higher education to increase awareness and understanding of entrepreneurship, patenting, business planning, research security, and other areas relevant to technology transfer, and connect students and researchers to relevant resources, including mentors in the private sector; and

(7) create, support, or fund entities or competitions to allow entrepreneurial students and faculty to illustrate the commercialization potential of their ideas, including through venture funds of institution of higher education.

(d) Limitations on funding

(1) Awards made under this section shall be at least 3 years in duration and shall not exceed $1,000,000 per fiscal year.

(2) Awards made under this section shall not support the development or operation of capital investment funds.

(e) ApplicationAn eligible entity seeking funding under this section shall submit an application to the Director at such time, in such manner, and containing such information and assurances as such Director may require. The application shall include, at a minimum, a description of—

(1) how the eligible entity submitting an application plans to sustain the proposed activities beyond the duration of the award;

(2) the steps the applicant will take to enable technology transfer and adoption and why such steps are likely to be effective;

(3) how the applicant will encourage the training and participation of students and potential entrepreneurs and the transition of research results to practice, including the development of new businesses;

(4) as relevant, potential steps to drive economic growth in a particular region, by collaborating with industry, venture capital entities, non-profit organizations, and State and local governments within that region; and

(5) background information that the Director determines is relevant to demonstrate the success of the innovation and entrepreneurship support models proposed by the applicant to commercialize technologies.

(f) Collaborative innovation resource center program

(1) In general

(2) Use of fundsAn eligible entity that receives an award under this subsection shall use award funds to carry out one or more of the following activities, to the benefit of the region in which the center is located:

(A) Providing start-ups and small business concerns (as defined in section 632 of title 15) within the region with access to facilities, scientific infrastructure, personnel, and other assets as required for technology maturation.

(B) Supporting entrepreneurial training for start-up and small business personnel.

(3)1

1 So in original. Probably should be “(C)”.

Providing engineering and entrepreneurial experiences and hands-on training for students enrolled in participating institutions of higher education.

(g) Reporting on commercialization metricsThe Director shall establish—

(1) metrics related to commercialization for an award under this section; and

(2) a reporting schedule for recipients of such awards that takes into account both short- and long-term goals of the programs under this section.

(h) Geographic diversity

(i) Authorization of appropriations

(Pub. L. 117–167, div. B, title III, § 10391, Aug. 9, 2022, 136 Stat. 1586.)

§ 19112. Entrepreneurial fellowships

(a) In general

(b) Application

An applicant for a fellowship under this section shall submit to the Director an application at such time, in such manner, and containing such information as the Director may require. At a minimum, the Director shall require that applicants—

(1) have completed a doctoral degree in a STEM field no more than 5 years prior to the date of the application, or have otherwise demonstrated significant postbaccalaureate scientific research experience and are considered early career, according to requirements established by the Director; and

(2) have included in the application a proposal for how the fellow will be embedded in a host institution’s research environment.

The Director shall conduct program outreach to recruit fellowship applicants—

(1) from diverse research institutions;

(2) from all regions of the country; and

(3) from groups historically underrepresented in STEM fields.

(d) Administration agreements

(e) Authorization of appropriations

(Pub. L. 117–167, div. B, title III, § 10392, Aug. 9, 2022, 136 Stat. 1588.)

§ 19113. Scholarships and fellowships

(a) In general

(b) ImplementationThe Director may carry out subsection (a) by making awards—

(1) directly to students; and

(2) to institutions of higher education or consortia of institutions of higher education, including those institutions or consortia involved in operating Regional Innovation Engines established under section 19108 of this title.

(c) Broadening participationIn carrying out this section, the Director shall take steps to increase the participation of populations that are underrepresented in STEM, which may include—

(1) establishing or augmenting programs targeted at populations that are underrepresented in STEM;

(2) supporting traineeships or other relevant programs at historically Black colleges and universities, Tribal Colleges or Universities, and minority-serving institutions;

(3) enabling low-income populations to pursue associate, undergraduate, or graduate level degrees in STEM;

(4) addressing current and expected gaps in the availability or skills of the STEM workforce, or addressing needs of the STEM workforce, including by increasing educational capacity at institutions and by prioritizing awards to United States citizens, permanent residents, and individuals that will grow the domestic workforce; and

(5) addressing geographic diversity in the STEM workforce.

(d) Encouraging innovation

(e) Areas of funding supportSubject to the availability of funds to carry out this section, the Director shall—

(1) issue—

(A) postdoctoral awards,

(B) graduate fellowships and traineeships, inclusive of the NSF Research Traineeships and fellowships awarded under the Graduate Research Fellowship Program; and

(i) scholarships to attend community colleges; and

(ii) research experiences and internships under sections 1862p–5, 1862p–6, and 1862p–7 of this title;

(2) ensure that not less than 10 percent of the funds made available to carry out this section are used to support additional awards that focus on community college training, education, and teaching programs that increase the participation of populations that are historically underrepresented in STEM, including technical programs through programs such as the Advanced Technological Education program; and

(3) if funds remain after carrying out paragraphs (1) and (2) make awards to institutions of higher education to enable the institutions to fund the development and establishment of new or specialized programs of study for graduate, undergraduate, or technical college students and the evaluation of the effectiveness of those programs of study.

(f) Low-income scholarship program

(1) In general

(2) Eligibility

(A) In generalTo be eligible to receive a scholarship under this subsection, an individual—

(i) must be a citizen of the United States, a national of the United States (as defined in section 1101(a) of title 8), an alien admitted as a refugee under section 1157 of title 8, or an alien lawfully admitted to the United States for permanent residence;

(ii) shall prepare and submit to the Director an application at such time, in such manner, and containing such information as the Director may require; and

(iii) shall certify to the Director that the individual intends to use amounts received under the scholarship to enroll or continue enrollment at an institution of higher education (as defined in section 1001(a) of title 20) in order to pursue an associate, undergraduate, or graduate level degree in STEM fields designated by the Director.

(B) Ability

(3) Omitted

(4) Authorization

(g) Existing programs

(Pub. L. 117–167, div. B, title III, § 10393, Aug. 9, 2022, 136 Stat. 1589.)

§ 19114. Research and development awards

(a) In general

(b) Purpose

(d) Metrics

(e) Short term technology deployment

(f) Selection criteria

In selecting recipients for an award under this section, the Director shall consider, at a minimum—

(1) the relevance of the project to the challenges and the key technology focus areas under section 19107 of this title, and the potential of the project to result in transformational advances for such challenges and the key technology focus areas;

(2) the current status of similar technology, the limits of current practice, and the novelty and risks of the proposed project;

(3) the ethical, societal, safety, and security implications relevant to the application of the technology;

(4) the appropriateness of quantitative goals and metrics for evaluating the project and a plan for evaluating those metrics; and

(5) the path for developing and, as appropriate, commercializing the technology into products and processes in the United States.

(g) Authorization of appropriations

(Pub. L. 117–167, div. B, title III, § 10394, Aug. 9, 2022, 136 Stat. 1591.)

§ 19115. Scaling innovations in PreK–12 STEM education

(a) In general

(b) Eligibility

An eligible entity under subsection (b) seeking an award under this section shall submit an application to the Director at such time, in such manner, and containing such information as the Director may require. The application shall include, at a minimum, a description of how the proposed Center will be used to—

(1) establish partnerships among academic institutions, local or State educational agencies, and other relevant stakeholders in supporting programs and activities to facilitate the widespread and sustained implementation of promising, evidence-based STEM education practices, models, programs, curriculum, and technologies;

(2) support enhanced STEM education infrastructure, including cyberlearning technologies, to facilitate the widespread adoption of promising, evidence-based practices;

(3) support research and development on scaling practices, partnerships, and alternative models to current approaches, including approaches sensitive to the unique combinations of capabilities, resources, and needs of varying localities, educators, and learners;

(4) include a focus on the learning needs of under-resourced schools and learners in low-resource or underachieving local educational agencies in urban and rural communities and the development of high-quality curriculum that engages these learners in the knowledge and practices of STEM fields;

(5) include a focus on the learning needs and unique challenges facing students with disabilities;

(6) support research, development, or education on one or more of the key technology focus areas;

(7) support research and development on scaling practices and models to support and sustain highly-qualified STEM educators in urban and rural communities; and

(8) at the discretion of the Director, any other requirements recommended in the study commissioned under section 18991(a) of this title.

(d) Additional considerations

In making an award under this section, the Director may also consider the extent to which the proposed Center will—

(1) leverage existing collaborations, tools, and strategies supported by the Foundation, including NSF INCLUDES and the Convergence Accelerators;

(2) support research on and the development and scaling of innovative approaches to distance learning and education for various student populations;

(3) support education innovations that leverage new technologies or deepen understanding of the impact of technology on educational systems; and

(4) include a commitment from local or State education administrators to making the proposed reforms and activities a priority.

(e) Partnership

(f) Duration

(g) Annual meeting

(h) Existing programs

(i) Report

Not later than 5 years after August 9, 2022, the Director shall submit to Congress and make widely available to the public a report that includes—

(1) a description of the focus and proposed goals of each Center;

(2) an assessment, based on a common set of benchmarks and tools, of the Centers’ success in helping to promote scalable solutions in PreK–12 STEM education; and

(3) any recommendations for administrative and legislative action that could optimize the effectiveness of the Centers established under this section.

(Pub. L. 117–167, div. B, title III, § 10395, Aug. 9, 2022, 136 Stat. 1591.)

§ 19116. AuthoritiesIn addition to existing authorities available to the Foundation, the Director may exercise the following authorities in carrying out the activities under this part:

(1) Awards

(2) Program directors

(A) DesignationThe Director may designate individuals to serve as program directors for the programs established within the Directorate pursuant to the responsibilities established under subparagraph (B). The Director shall ensure that program directors—

(i) have expertise in one or more of the challenges and key technology focus areas under section 19107 of this title; and

(ii) come from a variety of backgrounds, including industry, and from a variety of institutions of higher education.

(B) ResponsibilitiesA program director of a program of the Directorate, in consultation with the Assistant Director, shall be responsible for—

(i) establishing research and development goals for the program, including through the convening of workshops, conferring with a broad range of stakeholders and outside experts, taking into account relevant expert reports, and publicizing the goals of the program to the public and private sectors;

(ii) surveying a wide range of institutions of higher education, nonprofit organizations, and private entities to identify emerging trends in the challenges and key technology focus areas under section 19107 of this title, and, as appropriate, soliciting proposals from such entities to conduct research in areas of particular promise that the private sector is the not likely to undertake independently.

(iii) facilitating research collaborations in the challenges and key technology focus areas under section 19107 of this title, including connecting academic researchers with potential end-users of technology, including industry, labor organizations, nonprofit organizations, civil society organizations, and other relevant organizations;

(iv) reviewing applications for projects submitted under section 19114 of this title according to the Merit Review Criteria established by the Director for such projects and described in the Foundation’s Proposal and Award Policies and Procedures Guide, and any such additional criteria as determined by the Director; and

(v) monitoring the progress of projects supported under the program and taking into account input from relevant experts and stakeholders, recommending program updates as needed.

(D) Terms

(3) Experts in science and engineering

(A) Program authorized

(B) Personnel management authorityUnder the program under subparagraph (A), the Foundation may—

(i) without regard to any provision of title 5 governing the appointment of employees in the competitive service, appoint individuals to a total of not more than 70 positions in the Foundation, of which not more than 5 such positions may be positions of administration or management of the Foundation;

(ii) prescribe the rates of basic pay for positions to which employees are appointed under clause (i)—(I) in the case of employees appointed pursuant to clause (i) to any of 5 positions designated by the Foundation for purposes of this clause, at rates not in excess of a rate equal to 150 percent of the maximum rate of basic pay authorized for positions at level I of the Executive Schedule under section 5312 of title 5; and(II) in the case of any other employee appointed pursuant to clause (i), at rates not in excess of the maximum rate of basic pay authorized for senior-level positions under section 5376 of title 5; and

(iii) pay any employee appointed under subparagraph (A), other than an employee appointed to a position designated as described in clause (ii)(I), payments in addition to basic pay within the limit applicable to the employee under subparagraph (D).

(i) In general

(ii) Extension

(D) Maximum amount of additional payments payable

(4) Highly qualified experts in needed occupations

(A) In general

(B) AuthorityUnder the program, the Foundation may—

(i) appoint personnel from outside the civil service and uniformed services (as such terms are defined in section 2101 of title 5) to positions in the Foundation without regard to any provision of title 5 governing the appointment of employees in the competitive service;

(ii) prescribe the rates of basic pay for positions to which employees are appointed under clause (i) at rates not in excess of the maximum rate of basic pay authorized for senior-level positions under section 5376 of title 5; and

(iii) pay any employee appointed under clause (i) payments in addition to basic pay within the limits applicable to the employee under subparagraph (D).

(i) In general

(ii) Extension

(D) Limitations on additional payments

(i) Total amount

(ii) Eligibility for payments

(E) Limitation on number of highly qualified experts

(F) Savings provisionsIn the event that the Foundation terminates the program under this paragraph, in the case of an employee who, on the day before the termination of the program, is serving in a position pursuant to an appointment under this paragraph—

(i) the termination of the program does not terminate the employee’s employment in that position before the expiration of the lesser of—(I) the period for which the employee was appointed; or(II) the period to which the employee’s service is limited under subparagraph (C), including any extension made under this paragraph before the termination of the program; and

(ii) the rate of basic pay prescribed for the position under this paragraph may not be reduced as long as the employee continues to serve at an acceptable level of performance in the position without a break in service.

(5) Additional hiring authority

(6) National Academy of Public Administration

(A) StudyNot later than 30 days after August 9, 2022, the Director shall contract with the National Academy of Public Administration to conduct a study on the organizational and management structure of the Foundation, to—

(i) evaluate and make recommendations to efficiently and effectively implement the Directorate for Technology, Innovation, and Partnerships; and

(ii) evaluate and make recommendations to ensure coordination of the Directorate for Technology, Innovation, and Partnerships with other directorates and offices of the Foundation and other Federal agencies.

(B) Review

(Pub. L. 117–167, div. B, title III, § 10396, Aug. 9, 2022, 136 Stat. 1593.)

§ 19117. Coordination of activities

(a) In general

(b) Avoid duplication

(Pub. L. 117–167, div. B, title III, § 10397, Aug. 9, 2022, 136 Stat. 1597.)

§ 19118. Ethical, legal, and societal considerations

The Director shall engage, as appropriate, experts in the social dimensions of science and technology and set up formal avenues for public input, as appropriate, to ensure that ethical, legal, and societal considerations are taken into account in the priorities and activities of the Directorate, including in the selection of the challenges and key technology focus areas under section 19107 of this title and the award-making process, and throughout all stages of supported projects.

(Pub. L. 117–167, div. B, title III, § 10398, Aug. 9, 2022, 136 Stat. 1597.)

§ 19119. Reports and roadmaps

(a) Annual report

(b) Roadmap

Not later than 1 year after August 9, 2022, and every 3 years thereafter, the Director, in consultation with the heads of relevant Federal agencies, shall prepare and submit to Congress—

(1) a strategic vision for the next 5 years for the Directorate, including a description of how the Foundation will increase funding for research and education for populations underrepresented in STEM and geographic areas; and

(2) a description of 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; 42 U.S.C. 6601 note) and section 6605 of this title and the requirements under part D of this subchapter and subtitle E of title VI.

(d) Selection criteria report

(Pub. L. 117–167, div. B, title III, § 10399, Aug. 9, 2022, 136 Stat. 1598.)

§ 19120. Evaluation

(a) In general

(b) Inclusions

The evaluation shall include—

(1) an assessment of the impact of Directorate activities on the Foundation’s primary science mission;

(2) an assessment of the Directorate’s impact on the challenges and key technology focus areas under section 19107 of this title;

(3) an assessment of efforts to ensure coordination between the Directorate and other Federal agencies, and with external entities;

(4) a description of lessons learned from operation of the Directorate; and

(5) recommended funding levels for the Directorate;

(Pub. L. 117–167, div. B, title III, § 10399A, Aug. 9, 2022, 136 Stat. 1598.)