42 USC CHAPTER 163, SUBCHAPTER III, Part G: Directorate for Technology, Innovation, and Partnerships

From Title 42—THE PUBLIC HEALTH AND WELFARECHAPTER 163—RESEARCH AND DEVELOPMENT, COMPETITION, AND INNOVATIONSUBCHAPTER III—NATIONAL SCIENCE FOUNDATION FOR THE FUTURE

Part G—Directorate for Technology, Innovation, and Partnerships

§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. Activities

Subject 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 section 19107 of this title.

(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

The Director shall appoint an Assistant Director responsible for the management of the Directorate established under this part, in the same manner as other Assistant Directors of the Foundation are appointed.

(b) Qualifications

The 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).

(c) Responsibilities

The responsibilities of the Assistant Director shall include—

(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

The Assistant Director shall report to the Director.

(e) Relationship to other programs

No other directorate within the Foundation shall report to the Assistant Director.

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

§19106. Advisory committee

(a) In general

In accordance with the Federal Advisory Committee Act (5 U.S.C. App.) ¹ the Director shall establish an advisory committee to assess, and make recommendations regarding, the activities carried out under this part.

(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.

(c) Responsibilities

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.)

Editorial Notes

References in Text

The Federal Advisory Committee Act, referred to in subsec. (a), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, which was set out in the Appendix to Title 5, Government Organization and Employees, and was substantially repealed and restated in chapter 10 (§1001 et seq.) of Title 5 by Pub. L. 117–286, §§3(a), 7, Dec. 27, 2022, 136 Stat. 4197, 4361. For disposition of sections of the Act into chapter 10 of Title 5, see Disposition Table preceding section 101 of Title 5.

¹ See References in Text note below.

§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.

(c) Initial list of key technology focus areas

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

The National Science Foundation shall, in coordination 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, including an explanation of how the requested funding is complementary and not redundant of programs, efforts, and infrastructure undertaken 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 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.)

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 enacted 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 Directorate, the Director shall make awards to eligible entities for the planning, establishment, and support of Regional Innovation Engines.

(b) Purpose

The 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.

(c) Uses of funds

Funds awarded under this section may be used by a Regional Innovation Engine to—

(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 process

In 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

For the purposes of this section, an "eligible entity" means an institution of higher education, a nonprofit organization, a private sector entity, or a consortium thereof.

(2) Partnerships

To 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

In making awards under this section, the Director shall encourage applicants for a Regional Innovation Engine that include multiple regional partners as described in subsection (e)(2).

(4) Geographic distribution

In making awards under this section, the Director shall take into consideration the extent to which the proposals expand the geographic distribution of the Regional Innovation Engines, including by giving special consideration 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 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

Each Regional Innovation Engine established under this section may collaborate and participate in, as appropriate, the activities of any regional 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 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

In making awards under this section, the Director may collaborate with Federal departments 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, referred 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 Accelerators 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 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

The Director shall work to ensure that such partnerships exist at the institutional or organization level, rather than solely at the principal investigator level.

(3) Cost share

Not less than 25 percent of the funding for an institute shall be provided by non-Federal entities.

(4) Number of centers and institutes established

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 Directorate for Technology, Innovation, and Partnerships, there are authorized to carry out the activities 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 Directorate, the Director, in coordination with the Director of the National Institute of Standards and Technology, the Secretary of Energy, and other Federal agencies, as determined appropriate by the Director, shall establish a program in the Directorate to make awards, on a competitive basis, to institutions of higher education, nonprofit organizations, or consortia thereof to establish and operate test beds, which may include fabrication facilities and cyberinfrastructure, to advance the development, operation, integration, deployment, and, as appropriate, demonstration of new, innovative critical technologies, which may include hardware or software.

(2) Coordination

In establishing new test beds under this section, the Director shall ensure coordination with other test beds supported by the Foundation or other Federal agencies to avoid duplication and maximize the use of Federal resources.

(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.

(c) Authorized use of funds

A recipient of an award under this section may, consistent with the purposes of this section, use the award for the purchase of equipment and for the support of students, faculty and staff, and postdoctoral researchers.

(d) Geographic diversity

In selecting award recipients under this section, the Director shall consider the extent to which proposals would expand the geographic diversity 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 available to the Directorate, the Director, in coordination with other Federal agencies as determined appropriate by the Director, shall make awards, on a competitive basis, to eligible entities to advance the development, adoption, and commercialization of technologies, consistent with the purposes of the Directorate under section 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 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 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 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) Application

An 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

The Director shall make awards under this section to eligible entities to establish collaborative innovation resource centers that promote regional technology transfer and technology development activities available to more than one institution of higher education and to other entities in a region.

(2) Use of funds

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

(g) Reporting on commercialization metrics

The 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

The Director shall ensure regional and geographic diversity in issuing awards under this section.

(i) Authorization of appropriations

From within funds authorized for the Directorate for Technology, Innovation, and Partnerships, there are authorized to carry out the activities under this section $3,100,000,000 for fiscal years 2023 through 2027.

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

¹ So in original. Probably should be "(C)".

§19112. Entrepreneurial fellowships

(a) In general

The Director, acting through the Directorate for Technology, Innovation, and Partnerships, shall award fellowships to scientists and engineers to help develop leaders capable of maturing promising ideas and technologies from lab to market or other use and forge connections between academic research and the government, industry, financial sectors, and other end users.

(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.

(c) Outreach

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

The Director may enter into an agreement with a qualified third-party entity to administer the fellowships, subject to the provisions of this section.

(e) Authorization of appropriations

There are authorized to be appropriated to the Director a total of $125,000,000 for fiscal years 2023 through 2027, to carry out the activities outlined in this section.

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

§19113. Scholarships and fellowships

(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 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 participation

In 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

In carrying out this section, 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 master's programs related to the key technology focus areas or to the societal, national, and geostrategic challenges.

(e) Areas of funding support

Subject 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

The Director shall award scholarships to low-income individuals to enable such individuals to pursue associate, undergraduate, or graduate level degrees in STEM fields.

(2) Eligibility

(A) In general

To 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

Awards of scholarships under this subsection shall be made by the Director solely on the basis of the ability of the applicant, except that in any case in which 2 or more applicants for scholarships are deemed by the Director to be possessed of substantially equal ability, and there are not sufficient scholarships available to award one to each of such applicants, the available scholarship or scholarships shall be awarded to the applicants in a manner that will tend to result in a geographically wide distribution throughout the United States recipients' places of permanent residence.

(3) Omitted

(4) Authorization

Of amounts authorized for the Directorate for Technology, Innovation, and Partnerships, $100,000,000 shall be authorized to carry out this subsection.

(g) Existing programs

The Director may use or augment existing STEM education programs of the Foundation and leverage education or entrepreneurial partners to carry out this section.

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

Editorial Notes

References in Text

Section 1101(a) of title 8 and section 1157 of title 8, referred to in subsec. (f)(2)(A)(i), were so in the original, but probably should have been references to sections 101(a) and 207 of the Immigration and Nationality Act, act June 27, 1952, ch. 477, which are classified to sections 1101(a) and 1157 of Title 8, Aliens and Nationality.

Section 1001(a) of title 20, referred to in subsec. (f)(2)(A)(iii), was so in the original, but probably should have been a reference to section 101(a) of the Higher Education Act of 1965, Pub. L. 89–329, which is classified to section 1001(a) of Title 20, Education.

Codification

Section is comprised of section 10393 of Pub. L. 117–167. Subsec. (f)(3) of section 10393 of Pub. L. 117–167 amended section 1869c of this title.

§19114. Research and development awards

(a) In general

From amounts made available for the Directorate, the Director shall make awards, on a competitive basis, for research and technology development within the key technology focus areas, including investments that advance solutions to the challenges under section 19107 of this title.

(b) Purpose

The purpose of the awards under this section shall be to accelerate technological advances and technology adoption in the key technology focus areas.

(c) Recipients

Recipients of funds under this section may include institutions of higher education, research institutions, non-profit organizations, private sector entities, consortia, or other entities as defined by the Director.

(d) Metrics

The Director may set metrics, including goals and deadlines, for the development and demonstration of technology as determined in the terms of the award, and may use such metrics to determine whether an award recipient shall be eligible for continued or follow-on funding.

(e) Short term technology deployment

The Director shall also make awards, including through the SBIR and STTR programs (as defined in section 638(e) of title 15), to expedite short-term technology deployment within a period of no longer than 24 months.

(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

From within funds authorized for the Directorate for Technology, Innovation, and Partnerships, there are authorized to carry out the activities under this section $1,000,000,000 for fiscal years 2023 through 2027.

(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

Taking into consideration the recommendations under section 18991(a)(4) of this title, the Director shall make awards, on a competitive, merit-reviewed basis, to establish multidisciplinary Centers for Transformative Education Research and Translation (in this section referred to as "Centers") to support research and development on widespread and sustained implementation of STEM education innovations.

(b) Eligibility

The entity seeking an award for a Center under this section must be an institution of higher education, a nonprofit organization, or a consortium of such institutions or organizations, which may include a STEM ecosystem.

(c) Application

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

In carrying out the program under this section, the Director shall explore opportunities to partner with the Department of Education, including through jointly funding activities under this section.

(f) Duration

Each award made under this section shall be for a duration of no more than 5 years.

(g) Annual meeting

The Director shall encourage and facilitate an annual meeting of the Centers, as appropriate, to foster collaboration among the Centers and to further disseminate the results of the Centers' supported activities.

(h) Existing programs

The Director may use existing NSF programs to establish and execute this section.

(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. Authorities

In 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

In carrying out this part, the Director may provide awards in the form of grants, contracts, cooperative agreements, cash prizes, and other transactions.

(2) Program directors

(A) Designation

The 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) Responsibilities

A 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.

(C) Selection criteria

Program directors may use diverse merit review models for selection of award recipients under section 19114 of this title, including internal review and different models that use peer review.

(D) Terms

Program directors of the Directorate may be appointed by the Director for a limited term, renewable at the discretion of the Director.

(3) Experts in science and engineering

(A) Program authorized

The Foundation may carry out a program of personnel management authority provided under subparagraph (B) in order to facilitate recruitment of eminent experts in science or engineering for research and development projects and to enhance the administration and management of the Foundation.

(B) Personnel management authority

Under 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).

(C) Limitation on term of appointment

(i) In general

Except as provided in clause (ii), the service of an employee under an appointment under subparagraph (B)(i) may not exceed 4 years.

(ii) Extension

The Director may, in the case of a particular employee under the program under subparagraph (A), extend the period to which service is limited under clause (i) by up to 2 years if the Director determines that such action is necessary to promote the efficiency of the Foundation.

(D) Maximum amount of additional payments payable

Notwithstanding any other provision of this subsection or section 5307 of title 5, no additional payments may be paid to an employee under subparagraph (B)(iii) in any calendar year if, or to the extent that, the employee's total annual compensation in such calendar year will exceed the maximum amount of total annual compensation payable at the salary set in accordance with section 104 of title 3.

(4) Highly qualified experts in needed occupations

(A) In general

The Foundation may carry out a program using the authority provided in subparagraph (B) in order to attract highly qualified experts in needed occupations, as determined by the Foundation. Individuals hired by the Director through such authority may include individuals with expertise in business creativity, innovation management, design thinking, entrepreneurship, venture capital, and related fields.

(B) Authority

Under 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).

(C) Limitation on term of appointment

(i) In general

Except as provided in clause (ii), the service of an employee under an appointment made pursuant to this subsection may not exceed 5 years.

(ii) Extension

The Foundation may, in the case of a particular employee, extend the period to which service is limited under clause (i) by up to 1 additional year if the Foundation determines that such action is necessary to promote the Foundation's national security missions.

(D) Limitations on additional payments

(i) Total amount

The total amount of the additional payments paid to an employee under this subsection for any 12-month period may not exceed the maximum amount of total compensation payable at the salary set in accordance with section 104 of title.¹

(ii) Eligibility for payments

An employee appointed under this subsection is not eligible for any bonus, monetary award, or other monetary incentive for service, except for payments authorized under this subsection.

(E) Limitation on number of highly qualified experts

The number of highly qualified experts appointed and retained by the Foundation under sub ² (B)(i) shall not exceed 70 at any time.

(F) Savings provisions

In 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

To the extent needed to carry out the duties under paragraph (1)(A), the Director is authorized to utilize hiring authorities under section 3372 of title 5 to staff the Foundation with employees from other Federal agencies, State and local governments, Indian Tribes and Tribal organizations, institutions of higher education, and other organizations, as described in that section, in the same manner and subject to the same conditions, that apply to such individuals utilized to accomplish other missions of the Foundation.

(6) National Academy of Public Administration

(A) Study

Not 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

Upon completion of the study under subparagraph (A), the Foundation shall review the recommendations from the National Academy of Public Administration and provide a briefing to Congress on the plans of the Foundation to implement any such recommendations.

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

Editorial Notes

Codification

Section is comprised of section 10396 of Pub. L. 117–167. Par. (7) of section 10396 of Pub. L. 117–167 amended section 1870 of this title.

¹ So in original. Probably should be "section 104 of title 3".

² So in original. Probably should be "subparagraph".

§19117. Coordination of activities

(a) In general

In carrying out the activities of the Directorate, the Director shall coordinate and collaborate as appropriate with the Secretary of Energy, the Director of the National Institute of Standards and Technology, and the heads of other Federal research agencies, as appropriate, to further the goals of this part.

(b) Avoid duplication

The Director shall ensure, to the greatest extent practicable, that activities carried out by the Directorate are not duplicative of activities supported by other parts of the Foundation or other relevant Federal agencies. In carrying out the activities prescribed by this division, the Director shall coordinate with the interagency working group established under part D of subchapter VI and heads of other Federal research agencies to ensure these activities enhance and complement, but do not constitute unnecessary duplication of effort and to ensure the responsible stewardship of funds.

(c) Emerging technologies

After completion of the studies regarding emerging technologies conducted by the Secretary of Commerce under title XV of division FF of the Consolidated Appropriations Act, 2021 (Public Law 116–260), the Director shall consider the results of such studies in carrying out the activities of the Directorate.

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

Editorial Notes

References in Text

This division, referred to in subsec. (b), is div. B of Pub. L. 117–167, Aug. 9, 2022, 136 Stat. 1399, which enacted 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.

Title XV of division FF of the Consolidated Appropriations Act, 2021, referred to in subsec. (c), is title XV of Pub. L. 116–260, div. FF, Dec. 27, 2020, 134 Stat. 3276, known as the American Competitiveness Of a More Productive Emerging Tech Economy Act, and also known as the American COMPETE Act, which is not classified to the Code.

§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

The Director shall provide to the relevant authorizing and appropriations committees of Congress an annual report describing projects supported by the Directorate during the previous year.

(b) Roadmap

Not later than 1 year after August 9, 2022, the Director shall provide to the relevant authorizing and appropriations committees of Congress a roadmap describing the strategic vision that the Directorate will use to guide investment decisions over the following 3 years.

(c) Reports

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

Not later than 24 months after the establishment of the Directorate, the Director shall prepare and submit a report to Congress regarding the use of alternative methods for the selection of award recipients and the distribution of funding to recipients, as compared to the traditional peer review process.

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

Editorial Notes

References in Text

Subtitle E of title VI, referred to in subsec. (c)(2), is subtitle E (§§10641–10649) of title VI of div. B of Pub. L. 117–167, Aug. 9, 2022, 136 Stat. 1672, known as the Coastal and Ocean Acidification Research and Innovation Act of 2021. For complete classification of subtitle E to the Code, see Short Title of 2022 Amendment note set out under section 3701 of Title 33, Navigation and Navigable Waters, and Tables.

§19120. Evaluation

(a) In general

After the Directorate has been in operation for 6 years, the Director shall enter into an agreement with the National Academies to provide an evaluation of how well the Directorate is achieving the purposes identified in section 19102 of this title.

(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;

(c) Availability

On completion of the evaluation, the evaluation shall be made available to Congress and the public.

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