15 U.S.C. § 3722b — Distressed area Recompete Pilot Pro-

Page 2078 TITLE 15—COMMERCE AND TRADE § 3722b Such Act, referred to in subsec. (f)(6), is the Public Works and Economic Development Act of 1965, Pub. L. 89–136, Aug. 26, 1965, 79 Stat. 552, which is classified gen- erally to chapter 38 (§ 3121 et seq.) of Title 42, The Pub- lic Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 3121 of Title 42 and Tables. PRIOR PROVISIONS A prior section 28 of Pub. L. 96–480 was renumbered section 30 and is classified to section 3723 of this title. Statutory Notes and Related Subsidiaries INITIAL DESIGNATIONS AND AWARDS Pub. L. 117–167, div. B, title VI, § 10621(b), Aug. 9, 2022, 136 Stat. 1659, provided that: ‘‘(1) COMPETITION REQUIRED.—Not later than 1 year after the date of the enactment of this Act [Aug. 9, 2022], subject to the availability of appropriations, the Secretary of Commerce shall commence a competition under subsection (d)(1) of section 28 of the Stevenson- Wydler Technology Innovation Act of 1980 [15 U.S.C. 3722a(d)(1)] (as added by this section). ‘‘(2) DESIGNATION AND AWARD.—Not later than 18 months after the date of the enactment of this Act, if the Secretary has received at least 1 application under subsection (g) of section 28 of the Stevenson-Wydler Technology Innovation Act of 1980 [15 U.S.C. 3722a(g)] (as added by this section) from an eligible consortium which the Secretary considers suitable for designation under subsection (d)(1) of such section 28, the Secretary shall— ‘‘(A) designate at least 1 regional technology and innovation hub under subsection (d)(1) of such section 28; and ‘‘(B) award a grant or cooperative agreement under subsection (f)(1) of such section 28 [15 U.S.C. 3722a(f)(1)] to each regional technology and innova- tion hub designated pursuant to subparagraph (A) of this paragraph.’’ § 3722b. Distressed area Recompete Pilot Pro- gram (a) In general Within the program authorized under section 3722a of this title, the Secretary is authorized to establish a pilot program, to be known as the ‘‘Recompete Pilot Program’’, to provide grants to eligible recipients representing eligible areas or Tribal lands to alleviate persistent economic distress and support long-term comprehensive economic development and job creation in eligi- ble areas. (b) Strategy development grants and cooperative agreements Subject to available appropriations, the Sec- retary is authorized, on the application of an el- igible recipient, to award up to one half of the number of grants under subsection (e) of section 3722a of this title to eligible recipients to de- velop a recompete plan and carry out related predevelopment activities. (c) Strategy implementation grants and coopera- tive agreements Subject to available appropriations and sub- section (f), the Secretary shall award, on the ap- plication of an eligible recipient, at least ten strategy implementation grants, in accordance with a recompete plan review and approved by the Secretary, to carry out coordinated and comprehensive economic development programs and activities in an eligible area, consistent with a recompete plan approved by the Sec- retary. Such activities may include— (1) workforce development activities of the kind described in section 3722a(f) of this title or other job training and workforce outreach programs oriented to local employer needs, such as— (A) customized job training programs car- ried out by local community colleges and other training or educational organizations in partnership with local businesses; (B) workforce outreach programs located in, and targeted to, lower-income and under- employed neighborhoods; and (C) programs to embed job placement and training services in neighborhood institu- tions such as churches, housing projects, and community advocacy programs; and (D) job retention programs and activities, such as the provision of career coaches; (2) business and entrepreneur development activities of the kind described in section 3722a(f) of this title, technology development and maturation activities of the kind de- scribed in such section, or the provision of business advice and assistance to small and medium-sized local businesses and entre- preneurs. Such advice and assistance may in- clude— (A) manufacturing extension services; (B) small business development centers; (C) centers to help businesses bid for Fed- eral procurement contracts; (D) entrepreneurial assistance programs that link entrepreneurs with available pub- lic and private resources; (E) legal advice and resources; and (F) assistance in accessing capital; (3) infrastructure related activities of the kind described in section 3722a(f) of this title or other land and site development programs, such as brownfield redevelopment, research and technology parks, business incubators, business corridor development, and other in- frastructure activities related to supporting job creation and employment for residents, subject to the requirements of section 3722a(f)(6) of this title; and (4) additional planning, predevelopment, technical assistance, and other administrative activities as may be necessary for the ongoing implementation, administration, and oper- ation of the programs and activities carried out with a grant or cooperative agreement under this section, including but not limited to economic development planning and evalua- tion. (d) Term (1) Initial performance period The term of an initial grant or cooperative agreement awarded under subsection (c) shall be for a period that the Secretary deems ap- propriate for the proposed activities but not less than 2 years. (2) Subsequent performance period The Secretary may renew a grant or cooper- ative agreement awarded under subsection (c) for such period, such amount, and such terms Page 2079 TITLE 15—COMMERCE AND TRADE § 3722b 1 So in original. Probably should be paragraph ‘‘(7)’’. as the Secretary considers appropriate, if the Secretary determines that the recipient of an award under subsection (c) has made satisfac- tory progress towards metrics or benchmarking requirements established by the Secretary at time of award. (3) Flexible approach In renewing a grant or cooperative agree- ment under subsection (c), the Secretary may approve new or additional uses of funds, con- sistent with the uses described in subsection (c), to meet changes in the needs of the region. (e) Limitations (1) Limitation on eligible areas An eligible area may not benefit from more than 1 grant or cooperative agreement de- scribed in subsection (b) and 1 grant or cooper- ative agreement described in subsection (c), provided that a renewal described in sub- section (d)(2) shall not constitute an addi- tional grant. (2) Limitation on recipients For purposes of the program under this sec- tion, an eligible recipient may not receive multiple grants described in subsection (c) on behalf of more than 1 eligible area. (f) Award amount (1) In general In determining the amount of a grant that an eligible recipient may be awarded under subsection (c), the Secretary shall— (A) take into consideration the proposed activities and projected expenditures out- lined in an approved recompete plan; and (B) award not more than the product ob- tained by multiplying— (i) the prime-age employment gap of the eligible area; (ii) the prime-age population of the eligi- ble area; and (iii) either— (I) $70,585 for local labor markets; or (II) $53,600 for local communities. (2) Minimum amount The Secretary may not make an award that is less than $20,000,000 to an eligible recipient. (g) Applications To be considered for a grant or cooperative agreement under— (1) subsection (b) of this section, an eligible recipient shall submit to the Secretary an ap- plication at such time, in such manner, and containing such information as the Secretary determines to be appropriate; and (2) subsection (c) of this section, an eligible recipient shall submit to the Secretary an ap- plication at such time, in such manner, and containing such information as the Secretary determines to be appropriate, including a re- compete plan approved by the Secretary. (h) Relation to certain grant awards The Secretary shall not require an eligible re- cipient to receive a grant or cooperative agree- ment under subsection (b) in order to receive a grant or cooperative agreement under sub- section (c). (i) Authorization of appropriations There is authorized to be appropriated to the Secretary $1,000,000,000 to award grants and co- operative agreements under subsection (c) of this section, for the period of fiscal years 2022 through 2026. (j) Definitions In this section: (1) Eligible area The term ‘‘eligible area’’ means either of the following: (A) A local labor market that— (i) has a prime-age employment gap equal to not less than 2.5 percent; and (ii) meets additional criteria as the Sec- retary may establish. (B) A local community that— (i) has a prime-age employment gap equal to not less than 5 percent; (ii) is not located within an eligible local labor market that meets the criteria de- scribed in subparagraph (A); (iii) has a median annual household in- come of not more than $75,000; and (iv) meets additional criteria as the Sec- retary may establish. (2) Eligible recipient The term ‘‘eligible recipient’’ means a speci- fied entity that has been authorized in a man- ner as determined by the Secretary to rep- resent and act on behalf of an eligible area for the purposes of this section. (3) Local labor market The term ‘‘local labor market’’ means any of the following areas that contains 1 or more specified entities described in subparagraphs (A) through (D) of paragraph (6) 1: (A) A metropolitan statistical area or micropolitan statistical area, excluding any area described in subparagraph (C). (B) A commuting zone, excluding any areas described in subparagraphs (A) and (C). (C) The Tribal land with a Tribal prime- age population represented by a Tribal gov- ernment. (4) Local community The term ‘‘local community’’ means the area served by a general-purpose unit of local government that is located within, but does not cover the entire area of, a local labor mar- ket that does not meet the criteria described in paragraph (1)(A). (5) Prime-age employment gap (A) In general The term ‘‘prime-age employment gap’’ means the difference (expressed as a percent- age) between— (i) the national 5-year average prime-age employment rate; and (ii) the 5-year average prime-age employ- ment rate of the eligible area. (B) Calculation For the purposes of subparagraph (A), an individual is prime-age if such individual be- tween the ages of 25 years and 54 years. Page 2080 TITLE 15—COMMERCE AND TRADE § 3723 2 So in original. Probably should be followed by a period. (6) Recompete plan The term ‘‘recompete plan’’ means a com- prehensive multiyear economic development plan that— (A) includes— (i) proposed programs and activities to be carried out with a grant awarded under subsection (c) to address the economic challenges of the eligible area in a com- prehensive manner that promotes long- term, sustained economic growth, lasting job creation, per capita wage increases, and reduction in the prime-age employ- ment gap of the eligible area; (ii) projected costs and annual expendi- tures and proposed disbursement schedule; (iii) the roles and responsibilities of specified entities that may receive grant funds awarded under subsection (c); and (iv) other information as the Secretary determines appropriate; (B) is submitted to the Secretary for ap- proval for an eligible recipient to be consid- ered for a grant described in subsection (c); and (C) may be modified over the term of the grant by the eligible recipient, subject to the approval of the Secretary or at the di- rection of the Secretary, if the Secretary de- termines benchmarking requirements are re- peatedly not met or if other circumstances necessitate a modification. (7) Specified entity The term ‘‘specified entity’’ means— (A) a unit of local government; (B) the District of Columbia; (C) a territory of the United States; (D) a Tribal government; (E) political subdivision of a State or other entity, including a special-purpose entity engaged in economic development activities; (F) a public entity or nonprofit organiza- tion, acting in cooperation with the officials of a political subdivision of a State or other entity described in subparagraph (E); (G) an economic development district (as defined in section 3122 of title 42); and (H) a consortium of any of the specified en- tities described in this paragraph which serve or are contained within the same eligi- ble area. (8) Tribal land The term ‘‘Tribal land’’ means any land— (A) located within the boundaries of an In- dian reservation, pueblo, or rancheria; or (B) not located within the boundaries of an Indian reservation, pueblo, or rancheria, the title to which is held— (i) in trust by the United States for the benefit of an Indian Tribe or an individual Indian; (ii) by an Indian Tribe or an individual Indian, subject to restriction against alienation under laws of the United States; or (iii) by a dependent Indian community. (9) Tribal prime-age population (A) In general The term ‘‘Tribal prime-age population’’ shall be equal to the sum obtained by add- ing— (i) the product obtained by multiplying— (I) the total number of individuals ages 25 through 54 residing on the Tribal land of the Tribal government; and (II) 0.65; and (ii) the product obtained by multi- plying— (I) the total number of individuals ages 25 through 54 included on the member- ship roll of the Tribal government; and (II) 0.35 2 (B) Use of data A calculation under subparagraph (A) shall be determined based on data provided by the applicable Tribal government to the Depart- ment of the Treasury under the Coronavirus State and Local Fiscal Recovery Fund pro- grams under title VI of the Social Security Act (42 U.S.C. 801 et seq.). (Pub. L. 96–480, § 29, as added Pub. L. 117–167, div. B, title VI, § 10621(a)(2), Aug. 9, 2022, 136 Stat. 1655.) Editorial Notes REFERENCES IN TEXT The Social Security Act, referred to in subsec. (j)(9)(B), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Title VI of the Act is classified generally to subchapter VI (§ 801 et seq.) of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables. Statutory Notes and Related Subsidiaries DISTRESSED AREA DESIGNATION AND AWARD Pub. L. 117–167, div. B, title VI, § 10621(c), Aug. 9, 2022, 136 Stat. 1660, provided that: ‘‘Not later than 18 months after the date of the enactment of this section [Aug. 9, 2022], subject to the availability of appropriations, if the Secretary [of Commerce] has received applications under section 29 of the Stevenson-Wydler Technology Innovation Act of 1980 [15 U.S.C. 3722b] (as added by this section) from an eligible recipient which the Secretary considers suitable for award under such section 29, the Secretary shall award grants or cooperative agreement under subsections (b) and (c) of such section 29 to one or more eligible recipients.’’ [For definition of ‘‘recipient’’ as used in section 10621(c) of Pub. L. 117–167, set out above, see section 18901 of Title 42, The Public Health and Welfare.] § 3723. STEM apprenticeship programs (a) In general The Secretary of Commerce may carry out a grant program to identify the need for skilled science, technology, engineering, and mathe- matics (referred to in this section as ‘‘STEM’’) workers and to expand STEM apprenticeship programs. (b) Eligible recipient defined In this section, the term ‘‘eligible recipient’’ means— (1) a State; (2) an Indian tribe; (3) a city or other political subdivision of a State; (4) an entity that—