15 U.S.C. § 3722a — Regional Technology and Innovation

Page 2070 TITLE 15—COMMERCE AND TRADE § 3722a (d) Regional innovation research and informa- tion program (1) In general As part of the program established pursuant to subsection (b), the Secretary shall establish a regional innovation research and informa- tion program— (A) to gather, analyze, and disseminate in- formation on best practices for regional in- novation initiatives, including information relating to how innovation, productivity, and economic development can be maxi- mized through such strategies; (B) to provide technical assistance, includ- ing through the development of technical as- sistance guides, for the development and im- plementation of regional innovation initia- tives; (C) to support the development of relevant metrics and measurement standards to evaluate regional innovation initiatives, in- cluding the extent to which such strategies stimulate innovation, productivity, and eco- nomic development; and (D) to collect and make available data on regional innovation initiatives in the United States, including data on— (i) the size, specialization, and competi- tiveness of regional innovation initiatives; (ii) the regional domestic product con- tribution, total jobs and earnings by key occupations, establishment size, nature of specialization, patents, Federal research and development spending, and other rel- evant information for regional innovation initiatives; and (iii) supply chain product and service flows within and between regional innova- tion initiatives. (2) Research grants The Secretary may award research grants on a competitive basis to support and further the goals of the program established under this section. (3) Dissemination of information Data and analysis compiled by the Secretary under the program established in this sub- section shall be made available to other Fed- eral agencies, State and local governments, and nonprofit and for-profit entities. (4) Regional innovation grant program The Secretary shall incorporate data and analysis relating to any grant awarded under subsection (c) into the program established under this subsection. (e) Interagency coordination (1) In general To the maximum extent practicable, the Secretary shall ensure that the activities car- ried out under this section are coordinated with, and do not duplicate the efforts of, other programs at the Department of Commerce or at other Federal agencies. (2) Collaboration (A) In general The Secretary shall explore and pursue collaboration with other Federal agencies, including through multi-agency funding op- portunities, on regional innovation strate- gies. (B) Small businesses The Secretary shall ensure that such col- laboration with Federal agencies prioritizes the needs and challenges of small businesses. (f) Evaluation (1) In general Not later than 5 years after Congress first appropriates funds to carry out this section, the Secretary shall competitively award a contract with an independent entity to con- duct an evaluation of programs established under this section. (2) Requirements The evaluation conducted under paragraph (1) shall include— (A) an assessment of whether the program is achieving its goals; (B) the program’s efficacy in providing awards to geographically diverse entities; (C) any recommendations for how the pro- gram may be improved; and (D) a recommendation as to whether the program should be continued or terminated. (g) Reporting requirement Not later than 5 years after the first grant is awarded under subsection (c), and every 5 years thereafter until 5 years after the last grant re- cipient completes the regional innovation ini- tiative for which such grant was awarded, the Secretary shall submit a summary report to Congress that describes the outcome of each re- gional innovation initiative that was completed during the previous 5 years. (h) Funding From amounts appropriated by Congress to the Secretary, the Secretary may use up to $50,000,000 in each of the fiscal years 2020 through 2024 to carry out this section. (Pub. L. 96–480, § 27, as added Pub. L. 111–358, title VI, § 603, Jan. 4, 2011, 124 Stat. 4030; amend- ed Pub. L. 113–235, div. B, title VII, § 705, Dec. 16, 2014, 128 Stat. 2230; Pub. L. 116–92, div. A, title XVII, § 1742, Dec. 20, 2019, 133 Stat. 1837.) Editorial Notes AMENDMENTS 2019—Pub. L. 116–92 amended section generally. Prior to amendment, section related to regional innovation program, consisting of subsecs. (a) to (g). 2014—Pub. L. 113–235 amended section generally. Prior to amendment, text related to regional innovation pro- gram and consisted of subsecs. (a) to (i), including pro- visions relating to establishment of program, cluster grants, science and research park development grants, loan guarantees for science park infrastructure, re- gional innovation research and information program, interagency coordination, evaluation of program, defi- nitions, and authorization of appropriations. § 3722a. Regional Technology and Innovation Hub Program (a) Definitions In this section: (1) Appropriate committees of Congress The term ‘‘appropriate committees of Con- gress’’ means— Page 2071 TITLE 15—COMMERCE AND TRADE § 3722a 1 See References in Text note below. (A) the Committee on Commerce, Science, and Transportation, the Committee on Envi- ronment and Public Works, and the Com- mittee on Appropriations of the Senate; and (B) the Committee on Science, Space, and Technology and the Committee on Appro- priations of the House of Representatives. (2) Cooperative extension services The term ‘‘cooperative extension services’’ has the meaning given the term in section 3103 of title 7. (3) Site connectivity infrastructure The term ‘‘site connectivity infrastructure’’ means localized driveways and access roads to a facility as well as hookups to the new facil- ity for drinking water, waste water, broadband, and other basic infrastructure services already present in the area. (4) Venture development organization The term ‘‘venture development organiza- tion’’ has the meaning given such term in sec- tion 3722(a) of this title.1 (5) Community development financial institu- tion The term ‘‘community development finan- cial institution’’ has the meaning given in sec- tion 4702 of title 12. (6) Minority depository institution The term ‘‘minority depository institution’’ means an entity that is— (A) a minority depository institution, as defined in section 308 of the Financial Insti- tutions Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 1463 note); or (B) considered to be a minority depository institution by— (i) the appropriate Federal banking agency; or (ii) the National Credit Union Adminis- tration, in the case of an insured credit union. (7) Low population State The term ‘‘low population State’’ means a State without an urbanized area with a popu- lation greater than 250,000 as reported in the decennial census. (8) Small and rural communities The term ‘‘small and rural community’’ means a noncore area, a micropolitan area, or a small metropolitan statistical area with a population of not more than 250,000. (b) Regional Technology and Innovation Hub Program (1) In general Subject to the availability of appropriations, the Secretary shall carry out a program— (A) to encourage new and constructive col- laborations among local, State, Tribal, and Federal government entities, institutions of higher education, the private sector, eco- nomic development organizations, labor or- ganizations, nonprofit organizations, and community organizations that promote broad-based regional innovation initiatives; (B) to support eligible consortia in the de- velopment and implementation of regional innovation strategies; (C) to designate eligible consortia as re- gional technology and innovation hubs and facilitate activities by consortia designated as regional technology and innovation hubs in implementing their regional innovation strategies— (i) to enable United States leadership in technology and innovation sectors critical to national and economic security; (ii) to support regional economic devel- opment and resilience, including in small cities and rural areas, and promote in- creased geographic diversity of innovation across the United States; (iii) to promote the benefits of tech- nology development and innovation for all Americans, including underserved commu- nities and vulnerable communities; (iv) to support the modernization and ex- pansion of United States manufacturing based on advances in technology and inno- vation; (v) to support domestic job creation and broad-based economic growth; and (vi) to improve the pace of market readi- ness, industry maturation, and overall commercialization and domestic produc- tion of innovative research; (D) to ensure that the regional technology and innovation hubs address the intersection of emerging technologies and either regional challenges or national challenges; and (E) to conduct ongoing research, evalua- tion, analysis, and dissemination of best practices for regional development and com- petitiveness in technology and innovation. (2) Awards The Secretary shall carry out the program required by paragraph (1) through the award of the following: (A) Strategy development grants or coop- erative agreements to eligible consortia under subsection (e). (B) Strategy implementation grants or co- operative agreements to regional technology and innovation hubs under subsection (f). (3) Administration The Secretary shall carry out this section through the Assistant Secretary of Commerce for Economic Development in coordination with the Under Secretary of Commerce for Standards and Technology. (c) Eligible consortia For purposes of this section, an eligible con- sortium is a consortium that— (1) includes 1 or more of each of the fol- lowing— (A) institutions of higher education, which may include Historically Black Colleges and Universities, Tribal Colleges or Universities, and minority-serving institutions; (B) State, territorial, local, or Tribal gov- ernments or other political subdivisions of a State, including State and local agencies, or a consortium thereof; (C) industry or firms in relevant tech- nology, innovation, or manufacturing sec- tors; Page 2072 TITLE 15—COMMERCE AND TRADE § 3722a 2 So in original. Probably should be ‘‘20’’. (D) economic development organizations or similar entities that are focused pri- marily on improving science, technology, in- novation, entrepreneurship, or access to cap- ital; and (E) labor organizations or workforce train- ing organizations, which may include State and local workforce development boards as established under sections 3111 and 3122 of title 29; 1 and (2) may include 1 or more— (A) economic development entities with relevant expertise, including a district orga- nization (as defined in section 300.3 of title 13, Code of Federal Regulations, or successor regulation); (B) organizations that contribute to in- creasing the participation of underserved populations in science, technology, innova- tion, and entrepreneurship; (C) venture development organizations; (D) organizations that promote local eco- nomic stability, high-wage domestic jobs, and broad-based economic opportunities, such as employee ownership membership as- sociations and State or local employee own- erships and cooperative development cen- ters, financial institutions and investment funds, including community development fi- nancial institutions and minority depository institutions; (E) elementary schools and secondary schools, including area career and technical education schools (as defined in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (29 2 U.S.C. 2302); (F) National Laboratories (as defined in section 15801 of title 42); (G) Federal laboratories; (H) Manufacturing extension centers; (I) Manufacturing USA institutes; (J) transportation planning organizations; (K) a cooperative extension services; (L) organizations that represent the per- spectives of underserved communities in economic development initiatives; and (M) institutions receiving an award under section 19108 of title 42. (d) Designation of regional technology and inno- vation hubs (1) In general In carrying out subsection (b)(1)(C), the Sec- retary shall use a competitive, merit-review process to designate eligible consortia as re- gional technology and innovation hubs. (2) Distribution In conducting the competitive process under paragraph (1), the Secretary shall ensure geo- graphic and demographic diversity in the des- ignation of regional technology hubs by, sub- ject to available appropriations, designating at least 20 technology hubs, and— (A) seeking to designate at least three technology hubs in each region covered by a regional office of the Economic Development Administration, while— (i) ensuring that not fewer than one- third of eligible consortia so designated as regional technology hubs significantly benefit a small and rural community, which may include a State or territory de- scribed in clauses (ii) and (iii); (ii) ensuring that not fewer than one- third of eligible consortia so designated as regional technology hubs include as a member of the eligible consortia at least 1 member that is a State or territory that is eligible to receive funding from the Estab- lished Program to Stimulate Competitive Research of the National Science Founda- tion; and (iii) ensuring that at least one eligible consortium so designated as a regional technology hub is headquartered in a low population State that is eligible to receive funding from the Established Program to Stimulate Competitive Research of the National Science Foundation; (B) seeking to designate an additional two regional technology hubs based on selection factors which shall include likelihood of suc- cess and may include regional factors such as the extent to which the regional tech- nology and innovation hub significantly en- gages and benefits underserved communities in and near metropolitan areas; (C) encouraging eligible consortia to lever- age institutions of higher education serving populations historically underrepresented in STEM, including historically Black Colleges and Universities, Tribal Colleges or Univer- sities, and minority-serving institutions to significantly benefit an area or region; and (D) encouraging proposals from eligible consortia that would significantly benefit an area or region whose economy significantly relies on or has recently relied on coal, oil, or natural gas production or development. (3) Relation to certain grant awards The Secretary shall not require an eligible consortium to receive a grant or cooperative agreement under subsection (e) in order to be designated as a regional technology and inno- vation hub under paragraph (1) of this sub- section. (e) Strategy development grants and cooperative agreements (1) In general The Secretary shall use a competitive, merit-review process to award grants or coop- erative agreements to eligible consortia for the development of regional innovation strate- gies. (2) Number of recipients Subject to availability of appropriations, the Secretary shall seek to award a grant or coop- erative agreement under paragraph (1) to not fewer than 60 eligible consortia. (3) Geographic diversity and representation (A) In general The Secretary shall carry out paragraph (1) in a manner that ensures geographic di- versity and representation from commu- nities of differing populations. (B) Awards to small and rural communities In carrying out paragraph (1), the Sec- retary shall— Page 2073 TITLE 15—COMMERCE AND TRADE § 3722a (i) award not fewer than one-third of the grants and cooperative agreements under such paragraph to eligible consortia that significantly benefit a small and rural community, which may include a State de- scribed in clause (ii); and (ii) award not fewer than one-third of the grants and cooperative agreements under such paragraph to eligible consortia that include as a member of the eligible con- sortia at least 1 member that is a State or territory that is eligible to receive funding from the Established Program to Stimu- late Competitive Research of the National Science Foundation. (4) Use of funds (A) Use of funds under this grant shall in- clude— (i) coordination of a locally defined plan- ning processes, across jurisdictions and agencies, relating to developing a com- prehensive regional technology strategy; (ii) identification of regional partnerships for developing and implementing a com- prehensive regional technology strategy; (iii) implementation or updating of assess- ments to determine regional needs and capa- bilities; (iv) development or updating of goals and strategies to implement an existing com- prehensive regional plan; (v) identification or implementation of planning and local zoning and other code changes necessary to implement a com- prehensive regional technology strategy; and (vi) development of plans for promoting broad-based economic growth in a region. (B) Use of funds under this grant may in- clude the formation of a workforce develop- ment strategy, according to the needs for a skilled and technical workforce at all skill and degree levels in the region proposed to be served by the eligible consortia. Any work- force development strategy submitted pursu- ant to paragraph (1) should include— (i) how the eligible consortia will develop, offer, or improve educational or career training programs and curriculum for a skilled and technical workforce; (ii) the extent to which such programs de- veloped and offered by the eligible consortia will meet the educational or career training needs of a skilled and technical workforce in the region to be served; (iii) how the eligible consortia will provide facilities for students to receive training under such programs developed and offered by the eligible consortia; and (iv) how the eligible consortia will enhance outreach and recruitment for such programs developed and offered by the eligible con- sortia to populations underrepresented in STEM. (5) Federal share The Federal share of the cost of an effort carried out using a grant or cooperative agree- ment awarded under this subsection may not exceed 80 percent— (A) where in-kind contributions may be used for all or part of the non-Federal share, but Federal funding from other government sources may not count towards the non-Fed- eral share; (B) except in the case of an eligible consor- tium that represents all or part of a small and rural or other underserved community, the Federal share may be up to 90 percent of the total cost, subject to subparagraph (A); and (C) except in the case of an eligible consor- tium that is led by a Tribal government, the Federal share may be up to 100 percent of the total cost of the project. (f) Strategy implementation grants and coopera- tive agreements (1) In general The Secretary shall use a competitive, merit-review process to award grants or coop- erative agreements to regional technology and innovation hubs for the implementation of re- gional innovation strategies, including re- gional strategies for infrastructure and site development, in support of the regional inno- vation and technology and innovation hub’s plans and programs. The Secretary should de- termine the size and number of awards based on appropriations available to ensure the suc- cess of regional technology and innovation hubs as outlined in subsection (h). (2) Use of funds Grants or cooperative agreements awarded under paragraph (1) to a regional technology and innovation hub may be used by the re- gional technology and innovation hub to sup- port any of the following activities, consistent with the most current regional innovation strategy of the regional technology and inno- vation hub, which may have been developed with or without financial assistance received under subsection (e) of this section: (A) Workforce development activities Workforce development activities includ- ing activities relating to the following: (i) The creation of partnerships between industry, workforce, nonprofit, and edu- cational institutions, which may include community colleges, to create and align technical training and educational pro- grams, including for a skilled technical workforce. (ii) The design, development, and updat- ing of educational and training curriculum and programs, including training of train- ers, teachers, or instructors tied to dem- onstrated regional skilled and technical workforce needs. (iii) The procurement of facilities and equipment, as required to train a skilled and technical workforce. (iv) The development and execution of programs, including traineeships and ap- prenticeships, to rapidly provide training and award certificates or credentials rec- ognized by regional industries or other or- ganizations. (v) The matching of regional employers with a potential new entrant, under- Page 2074 TITLE 15—COMMERCE AND TRADE § 3722a employed, underrepresented, reentering, or incumbent workforce, as well as the secur- ing of commitments from employers to hire workers who successfully complete training programs, or who are awarded certificates or credentials. (vi) The expansion of successful training programs at a scale required by the region served by the regional technology and in- novation hub, including through the use of online education and mentoring. (vii) The development and expansion of programs with the goal of increasing the participation of persons historically underrepresented in STEM and manufac- turing in the workforce development plans of the regional technology and innovation hub. (viii) The provision of support services for attendees of training programs devel- oped, updated, or expanded pursuant to this subsection, including career coun- seling. (ix) The implementation of outreach and recruitment for training programs devel- oped, updated, or expanded pursuant to this subsection, particularly at local edu- cational institutions, including high schools and community colleges. (B) Business and entrepreneur development activities Business and entrepreneur development activities, including activities relating to the following: (i) The development and growth of local and regional businesses and the training of entrepreneurs, which may include support for the expansion of employee owned busi- nesses and cooperatives. (ii) The support of technology commer- cialization, including funding for activities relevant to the protection of intellectual property and for advancing potential ven- tures such as acceleration, incubation, early-stage production and other relevant programming. (iii) The development of local and re- gional capital networks and consortia to attract necessary private funding to busi- nesses and entrepreneurs in the region. (iv) The development of local and re- gional networks for business and entre- preneur mentorship. (C) Technology development and maturation activities Technology maturation activities, includ- ing activities relating to the following: (i) The development and deployment of technologies in sectors critical to the re- gion served by the regional technology and innovation hub or to national and eco- nomic security, including industry-univer- sity research cooperation, proof of con- cept, prototype development, testing, and scale-up for manufacturing. (ii) The development of programming to support the creation and transfer of intel- lectual property into private use, such as through startup creation. (iii) The provision of facilities for tech- nology maturation, including incubators and production testbeds for collaborative development of technologies by private sector, academic, nonprofit, and other en- tities. (iv) Activities to provide or ensure ac- cess to capital for new business and busi- ness expansion, including by attracting new private, public, and philanthropic in- vestment and by establishing local and re- gional venture and loan funds, community development financial institutions, and minority depository institutions. (D) Infrastructure-related activities The building of facilities and site connectivity infrastructure necessary to carry out activities described in subpara- graphs (A), (B), and (C), including activities relating to the following: (i) Establishing a center with required tools and instrumentation for workforce development. (ii) Establishing a facility for technology development, demonstration, and testing. (iii) Establishing collaborative incuba- tors to support technology commercializa- tion and entrepreneur training. (3) Term (A) Initial performance period The term of an initial grant or cooperative agreement awarded under this subsection shall be for a period that the Secretary deems appropriate for the proposed activi- ties but not less than 2 years. (B) Subsequent performance period The Secretary may renew a grant or coop- erative agreement awarded to a regional technology and innovation hub under para- graph (1) for such period as the Secretary considers appropriate, if the Secretary de- termines that the regional technology and innovation hub has made satisfactory progress towards the metrics agreed to under subsection (j). (C) Flexible approach In renewing a grant or cooperative agree- ment under subparagraph (B), the Secretary and the eligible consortium may agree to new or additional uses of funds in order to meet changes in the needs of the region. (4) Limitation on amount of awards (A) Initial performance period The amount of an initial grant or coopera- tive agreements awarded to a regional tech- nology and innovation hub under paragraph (3)(A) shall be no more than $150,000,000. (B) Subsequent performance period Upon renewal of a grant or cooperative agreement under paragraph (3)(B), the Sec- retary may award funding in the amount that the Secretary considers appropriate, ensuring that no single regional technology and innovation hub receives more than 10 percent of the aggregate amount of the grants and cooperative agreements awarded under this subsection. Page 2075 TITLE 15—COMMERCE AND TRADE § 3722a (5) Matching required (A) Initial performance period Except in the case of a regional technology and innovation hub described in subpara- graph (C), the total amount of all grants awarded to a regional technology and inno- vation hub under this subsection in phase one shall not exceed 90 percent of the total operating costs of the regional technology and innovation hub during the initial per- formance period. (B) Subsequent performance period Except in the case of a regional technology and innovation hub described in subpara- graph (C), the total amount of all grants awarded to a regional technology and inno- vation hub in subsequent performance peri- ods shall not exceed 75 percent of the total operating costs of the regional technology and innovation hub in each year of the grant or cooperative agreement. (C) Small and rural communities, under- served communities, and Indian Tribes (i) In general The total Federal financial assistance awarded in a given year to a regional tech- nology and innovation hub under this sub- section shall not exceed amounts as fol- lows: (I) In the case of a regional technology and innovation hub that primarily serves a small and rural community or other underserved community, in a fiscal year, 90 percent of the total funding of the re- gional technology and innovation hub in that fiscal year. (II) In the case of a regional tech- nology and innovation hub that is led by a Tribal government, in a fiscal year, 100 percent of the total funding of the re- gional technology and innovation hub in that fiscal year. (ii) Minimum threshold of rural representa- tion For purposes of clause (i)(I), the Sec- retary shall establish a minimum thresh- old of rural representation in the regional technology and innovation hub. (D) In-kind contributions For purposes of this paragraph, in-kind contributions may be used for part of the non-Federal share of the total funding of a regional technology and innovation hub in a fiscal year. (6) Grants for infrastructure Any grant or cooperative agreement award- ed under this subsection to support the con- struction of facilities and site connectivity in- frastructure shall be awarded pursuant to sec- tion 201 of the Public Works and Economic De- velopment Act of 1965 (42 U.S.C. 3141) and sub- ject to the provisions of such Act [42 U.S.C. 3121 et seq.], except that subsection (b) of such section [42 U.S.C. 3141(b)] and sections 204 and 301 of such Act (42 U.S.C. 3144; 3161) shall not apply. (7) Relation to certain grant awards The Secretary shall not require a regional technology and innovation hub to receive a grant or cooperative agreement under sub- section (e) in order to receive a grant or coop- erative agreement under this subsection. (g) Applications An eligible consortium seeking designation as a regional technology and innovation hub under subsection (d) or a grant or cooperative agree- ment under subsection (e) or (f) shall submit to the Secretary an application therefore at such time, in such manner, and containing such in- formation as the Secretary may specify. (h) Considerations for designation and award of strategy implementation grants and coopera- tive agreements In selecting an eligible consortium that sub- mitted an application under subsection (g) for designation under subsection (d) or for a grant or cooperative agreement under subsection (f), the Secretary shall consider the following: (1) The potential of the eligible consortium to advance the research, development, deploy- ment, and domestic manufacturing of tech- nologies in a key technology focus area, as de- scribed in section 19107 of title 42 or other technology or innovation sector critical to na- tional security and economic competitiveness. (2) The likelihood of positive regional eco- nomic effect, including increasing the number of high wage domestic jobs, creating new eco- nomic opportunities for economically dis- advantaged and underrepresented populations, and building and retaining wealth in the re- gion. (3) How the eligible consortium plans to in- tegrate with and leverage the resources of 1 or more federally funded research and develop- ment centers, National Laboratories, Federal laboratories, Manufacturing USA institutes, Hollings Manufacturing Extension Partner- ship centers, regional innovation engines or translation accelerators established under sec- tions 19108 and 19109 of title 42, test beds estab- lished and operated under section 19110 of title 42, or other Federal entities. (4) How the eligible consortium will engage with the private sector, including small- and medium-sized businesses and cooperatives, and employee-owned businesses and cooperatives, to commercialize new technologies and im- prove the resiliency and sustainability of do- mestic supply chains in a key technology focus area, or other technology or innovation sector critical to national security and eco- nomic competitiveness. (5) How the eligible consortium will carry out workforce development and skills acquisi- tion programming, including through partner- ships with entities that include State and local workforce development boards, institu- tions of higher education, including commu- nity colleges, historically Black colleges and universities, Tribal Colleges or Universities, and minority-serving institutions, labor orga- nizations, nonprofit organizations, workforce development programs, and other related ac- tivities authorized by the Secretary, to sup- Page 2076 TITLE 15—COMMERCE AND TRADE § 3722a port the development of a skilled technical workforce for the regional technology and in- novation hub, including key technology focus area or other technology or innovation sector critical to national security and economic competitiveness. (6) How the eligible consortium will improve or expand science, technology, engineering, and mathematics education programs and op- portunities in the identified region in elemen- tary and secondary school and higher edu- cation institutions located in the identified re- gion to support the development of a key tech- nology focus area or other technology or inno- vation sector critical to national security and economic competitiveness. (7) How the eligible consortium plans to de- velop partnerships with venture development organizations, community development finan- cial institutions and minority depository in- stitutions, and sources of private investment in support of private sector activity, including launching new or expanding existing compa- nies in a key technology focus area or other technology or innovation sector critical to na- tional security and economic competitiveness. (8) How the eligible consortium plans to or- ganize the activities of regional partners across sectors in support of a regional tech- nology and innovation hub. (9) How the eligible consortium considers op- portunities to support local and regional busi- nesses through procurement, including from minority-owned and women-owned businesses. (10) How the eligible consortium will ensure that growth in technology, innovation, and ad- vanced manufacturing sectors produces oppor- tunity across the identified region and for eco- nomically disadvantaged, minority, underrep- resented and rural populations, including, as appropriate, consideration of how the eligible consortium takes into account the relevant impact of existing regional status and plans or may affect regional goals for affordable hous- ing availability, local and regional transpor- tation, high-speed internet access, and pri- mary and secondary education. (11) How well the region’s education institu- tions align their activities, including research, educational programs, training, with the pro- posed areas of focus. (12) The likelihood efforts served by the con- sortium will be sustained once Federal support ends. (13) How the eligible consortium will, as ap- propriate— (A) enhance the economic, environmental, and energy security of the United States by promoting domestic development, manufac- ture, and deployment of innovative clean technologies and advanced manufacturing practices; and (B) support translational research, tech- nology development, manufacturing innova- tion, and commercialization activities relat- ing to clean technology. (i) Coordination and collaboration (1) Coordination with regional innovation pro- gram The Secretary shall ensure the activities under this section do not duplicate activities or efforts under section 3722 of this title. (2) Coordination among hubs The Secretary shall ensure eligible consortia that receive a grant or cooperative agreement under this section coordinate and share best practices for regional economic development. (3) Coordination with programs of the National Institute of Standards and Technology The Secretary shall coordinate the activities of regional technology and innovation hubs designated under this section, the Hollings Manufacturing Extension Partnership, and the Manufacturing USA Program, as the Sec- retary considers appropriate, to maintain the effectiveness of a manufacturing extension center or a Manufacturing USA institute. (4) Coordination with Department of Energy programs The Secretary shall, in collaboration with the Secretary of Energy, coordinate the ac- tivities and selection of regional technology and innovation hubs designated under this sec- tion, as the Secretaries consider appropriate, to maintain the effectiveness of activities at the Department of Energy and the National Laboratories. (5) Interagency collaboration In designating regional technology and inno- vation hubs under subsection (d) and awarding grants or cooperative agreements under sub- section (f), the Secretary— (A) shall collaborate with Federal depart- ments and agencies whose missions con- tribute to the goals of the regional tech- nology and innovation hub; (B) shall consult with the Director of the National Science Foundation for the purpose of ensuring that the regional technology and innovation hubs are aligned with relevant science, technology, and engineering exper- tise; and (C) may accept funds from other Federal agencies to support grants, cooperative agreements, and activities under this sec- tion. (j) Performance measurement, transparency, and accountability (1) Metrics, standards, and assessment For each grant and cooperative agreement awarded under subsection (f) for a regional technology and innovation hub, the Secretary shall— (A) in consultation with the regional tech- nology and innovation hub, develop metrics, which may include metrics relating to do- mestic job creation, patent awards, in- creases in research funding, business forma- tion and expansion, and participation of in- dividuals or communities historically under- represented in STEM, to assess the effective- ness of the activities funded in making progress toward the purposes set forth under subsection (b)(1); (B) establish standards for the perform- ance of the regional technology and innova- tion hub that are based on the metrics devel- oped under subparagraph (A); and (C) prior to any award made under a subse- quent performance period in subsection (f) Page 2077 TITLE 15—COMMERCE AND TRADE § 3722a and every 2 years thereafter until Federal fi- nancial assistance under this section for the regional technology and innovation hub is discontinued, conduct an assessment of the regional technology and innovation hub to confirm whether the performance of the re- gional technology and innovation hub is meeting the standards for performance es- tablished under subparagraph (B) of this paragraph. (2) Final reports by recipients of strategy im- plementation grants and cooperative agreements (A) In general The Secretary shall require each eligible consortium that receives a grant or coopera- tive agreement under subsection (f) for ac- tivities of a regional technology and innova- tion hub, as a condition of receipt of such grant or cooperative agreement, to submit to the Secretary, not later than 120 days after the last day of the term of the grant or cooperative agreement, a report on the ac- tivities of the regional technology and inno- vation hub supported by the grant or cooper- ative agreement. (B) Contents of report Each report submitted by an eligible con- sortium under subparagraph (A) shall in- clude the following: (i) A detailed description of the activi- ties carried out by the regional technology and innovation hub using the grant or co- operative agreement described in subpara- graph (A), including the following: (I) A description of each project the re- gional technology and innovation hub completed using such grant or coopera- tive agreement. (II) An explanation of how each project described in subclause (I) achieves a spe- cific goal under this section in the re- gion of the regional technology and in- novation hub with respect to— (aa) the resiliency and sustainability of a supply chain; (bb) research, development, and de- ployment of a critical technology; (cc) workforce training and develop- ment; (dd) domestic job creation; (ee) entrepreneurship and company formation; (ff) commercialization; (gg) access to private capital; or (hh) participation of individuals or communities historically underrep- resented in STEM. (ii) A discussion of any obstacles encoun- tered by the regional technology and inno- vation hub in the implementation of the regional technology and innovation hub and how the regional technology and inno- vation hub overcame those obstacles. (iii) An evaluation of the success of the projects of the regional technology and in- novation hub using the performance stand- ards and measures established under para- graph (1), including an evaluation of the planning process and how the project con- tributes to carrying out the regional inno- vation strategy of the regional technology and innovation hub. (iv) The effectiveness of the regional technology and innovation hub in ensuring that, in the region of the regional tech- nology and innovation hub, growth in technology and innovation sectors pro- duces broadly shared opportunity across the region, including for economic dis- advantaged and underrepresented popu- lations and rural areas. (v) Information regarding such other matters as the Secretary may require. (3) Interim reports by recipients of grants and cooperative agreements In addition to requiring submittal of final reports under paragraph (2)(A), the Secretary may require a regional technology and innova- tion hub described in such paragraph to sub- mit to the Secretary such interim reports as the Secretary considers appropriate. (4) Annual reports to Congress Not less frequently than once each year, the Secretary shall submit to the appropriate committees of Congress an annual report on the results of the assessments conducted by the Secretary under paragraph (1)(C) during the period covered by the report. (k) Authorization of appropriations There is authorized to be appropriated to the Secretary— (1) $50,000,000 to award grants and coopera- tive agreements under subsection (e) for the period of fiscal years 2023 through 2027; (2) $2,950,000,000 to award grants and coopera- tive agreements under subsection (f) for the period of fiscal years 2023 and 2024; and (3) $7,000,000,000 to award grants and coopera- tive agreements under subsection (f) for the period of fiscal years 2025 through 2027. (l) Administration The Secretary may use funds made available to carry out this section for administrative costs under this section. (Pub. L. 96–480, § 28, as added Pub. L. 117–167, div. B, title VI, § 10621(a)(2), Aug. 9, 2022, 136 Stat. 1642.) Editorial Notes REFERENCES IN TEXT Section 3722(a) of this title, referred to in subsec. (a)(4), was in the original ‘‘section 27(a) of the Steven- son-Wydler Act of 1980’’ and was translated as reading ‘‘section 27(a) of the Stevenson-Wydler Technology In- novation Act of 1980’’, to reflect the probable intent of Congress. Section 308 of the Financial Institutions Reform, Re- covery, and Enforcement Act of 1989, referred to in sub- sec. (a)(6)(A), is section 308 of Pub. L. 101–73, which is set out as a note under section 1463 of Title 12, Banks and Banking. Sections 3111 and 3122 of title 29, referred to in subsec. (c)(1)(E), was in the original ‘‘sections 101 and 107 of the Workforce Investment and Opportunity Act’’ and was translated as reading ‘‘sections 101 and 107 of the Work- force Innovation and Opportunity Act’’, to reflect the probable intent of Congress. 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