§ 3722a.
(a)
Definitions
In this section:
(1)
Appropriate committees of Congress
The term “appropriate committees of Congress” means—
(A)
the Committee on Commerce, Science, and Transportation, the Committee on Environment and Public Works, and the Committee on Appropriations of the Senate; and
(B)
the Committee on Science, Space, and Technology and the Committee on Appropriations 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 facility for drinking water, waste water, broadband, and other basic infrastructure services already present in the area.
(4)
Venture development organization
The term “venture development organization” has the meaning given such term in section 3722(a) of this title.
1
See References in Text note below.
(5)
Community development financial institution
The term “community development financial institution” has the meaning given in section 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 Institutions 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 Administration, 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 population 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.
(d)
Designation of regional technology and innovation hubs
(1)
In general
In carrying out subsection (b)(1)(C), the Secretary shall use a competitive, merit-review process to designate eligible consortia as regional technology and innovation hubs.
(2)
Distribution
In conducting the competitive process under paragraph (1), the Secretary shall ensure geographic and demographic diversity in the designation of regional technology hubs by, subject 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 described 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 Established Program to Stimulate Competitive Research of the National Science Foundation; 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 success and may include regional factors such as the extent to which the regional technology and innovation hub significantly engages and benefits underserved communities in and near metropolitan areas;
(C)
encouraging eligible consortia to leverage institutions of higher education serving populations historically underrepresented in STEM, including historically Black Colleges and Universities, Tribal Colleges or Universities, 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 innovation hub under paragraph (1) of this subsection.
(f)
Strategy implementation grants and cooperative agreements
(1)
In general
The Secretary shall use a competitive, merit-review process to award grants or cooperative agreements to regional technology and innovation hubs for the implementation of regional innovation strategies, including regional strategies for infrastructure and site development, in support of the regional innovation and technology and innovation hub’s plans and programs. The Secretary should determine the size and number of awards based on appropriations available to ensure the success 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 regional technology and innovation hub to support any of the following activities, consistent with the most current regional innovation strategy of the regional technology and innovation 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 including activities relating to the following:
(i)
The creation of partnerships between industry, workforce, nonprofit, and educational institutions, which may include community colleges, to create and align technical training and educational programs, including for a skilled technical workforce.
(ii)
The design, development, and updating of educational and training curriculum and programs, including training of trainers, teachers, or instructors tied to demonstrated 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 apprenticeships, to rapidly provide training and award certificates or credentials recognized by regional industries or other organizations.
(v)
The matching of regional employers with a potential new entrant, underemployed, underrepresented, reentering, or incumbent workforce, as well as the securing 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 innovation 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 manufacturing in the workforce development plans of the regional technology and innovation hub.
(viii)
The provision of support services for attendees of training programs developed, updated, or expanded pursuant to this subsection, including career counseling.
(ix)
The implementation of outreach and recruitment for training programs developed, updated, or expanded pursuant to this subsection, particularly at local educational 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 businesses and cooperatives.
(ii)
The support of technology commercialization, including funding for activities relevant to the protection of intellectual property and for advancing potential ventures such as acceleration, incubation, early-stage production and other relevant programming.
(iii)
The development of local and regional capital networks and consortia to attract necessary private funding to businesses and entrepreneurs in the region.
(iv)
The development of local and regional networks for business and entrepreneur mentorship.
(C)
Technology development and maturation activities
Technology maturation activities, including activities relating to the following:
(i)
The development and deployment of technologies in sectors critical to the region served by the regional technology and innovation hub or to national and economic security, including industry-university research cooperation, proof of concept, prototype development, testing, and scale-up for manufacturing.
(ii)
The development of programming to support the creation and transfer of intellectual property into private use, such as through startup creation.
(iii)
The provision of facilities for technology maturation, including incubators and production testbeds for collaborative development of technologies by private sector, academic, nonprofit, and other entities.
(D)
Infrastructure-related activities
The building of facilities and site connectivity infrastructure necessary to carry out activities described in subparagraphs (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 incubators to support technology commercialization 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 activities but not less than 2 years.
(B)
Subsequent performance period
The Secretary may renew a grant or cooperative agreement awarded to a regional technology and innovation hub under paragraph (1) for such period as the Secretary considers appropriate, if the Secretary determines 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 agreement 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 cooperative agreements awarded to a regional technology 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 Secretary 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.
(5)
Matching required
(A)
Initial performance period
Except in the case of a regional technology and innovation hub described in subparagraph (C), the total amount of all grants awarded to a regional technology and innovation 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 performance period.
(B)
Subsequent performance period
Except in the case of a regional technology and innovation hub described in subparagraph (C), the total amount of all grants awarded to a regional technology and innovation hub in subsequent performance periods 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, underserved communities, and Indian Tribes
(i)
In general
The total Federal financial assistance awarded in a given year to a regional technology and innovation hub under this subsection shall not exceed amounts as follows:
(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 regional technology and innovation hub in that fiscal year.
(II)
In the case of a regional technology and innovation hub that is led by a Tribal government, in a fiscal year, 100 percent of the total funding of the regional technology and innovation hub in that fiscal year.
(ii)
Minimum threshold of rural representation
For purposes of clause (i)(I), the Secretary shall establish a minimum threshold 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 awarded under this subsection to support the construction of facilities and site connectivity infrastructure shall be awarded pursuant to section 201 of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3141) and subject 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 subsection (e) in order to receive a grant or cooperative agreement under this subsection.
(h)
Considerations for designation and award of strategy implementation grants and cooperative agreements
In selecting an eligible consortium that submitted 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, deployment, and domestic manufacturing of technologies in a key technology focus area, as described in
section 19107 of title 42 or other technology or innovation sector critical to national security and economic competitiveness.
(2)
The likelihood of positive regional economic effect, including increasing the number of high wage domestic jobs, creating new economic opportunities for economically disadvantaged and underrepresented populations, and building and retaining wealth in the region.
(3)
How the eligible consortium plans to integrate with and leverage the resources of 1 or more federally funded research and development centers, National Laboratories, Federal laboratories, Manufacturing USA institutes, Hollings Manufacturing Extension Partnership centers, regional innovation engines or translation accelerators established under sections 19108 and 19109 of title 42, test beds established 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 improve the resiliency and sustainability of domestic supply chains in a key technology focus area, or other technology or innovation sector critical to national security and economic competitiveness.
(5)
How the eligible consortium will carry out workforce development and skills acquisition programming, including through partnerships with entities that include State and local workforce development boards, institutions of higher education, including community colleges, historically Black colleges and universities, Tribal Colleges or Universities, and minority-serving institutions, labor organizations, nonprofit organizations, workforce development programs, and other related activities authorized by the Secretary, to support the development of a skilled technical workforce for the regional technology and innovation 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 opportunities in the identified region in elementary and secondary school and higher education institutions located in the identified region to support the development of a key technology focus area or other technology or innovation sector critical to national security and economic competitiveness.
(7)
How the eligible consortium plans to develop partnerships with venture development organizations, community development financial institutions and minority depository institutions, and sources of private investment in support of private sector activity, including launching new or expanding existing companies in a key technology focus area or other technology or innovation sector critical to national security and economic competitiveness.
(8)
How the eligible consortium plans to organize the activities of regional partners across sectors in support of a regional technology and innovation hub.
(9)
How the eligible consortium considers opportunities to support local and regional businesses through procurement, including from minority-owned and women-owned businesses.
(10)
How the eligible consortium will ensure that growth in technology, innovation, and advanced manufacturing sectors produces opportunity across the identified region and for economically disadvantaged, minority, underrepresented 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 housing availability, local and regional transportation, high-speed internet access, and primary and secondary education.
(11)
How well the region’s education institutions align their activities, including research, educational programs, training, with the proposed areas of focus.
(12)
The likelihood efforts served by the consortium will be sustained once Federal support ends.
(13)
How the eligible consortium will, as appropriate—
(A)
enhance the economic, environmental, and energy security of the United States by promoting domestic development, manufacture, and deployment of innovative clean technologies and advanced manufacturing practices; and
(B)
support translational research, technology development, manufacturing innovation, and commercialization activities relating to clean technology.
(i)
Coordination and collaboration
(1)
Coordination with regional innovation program
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 Secretary 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 activities and selection of regional technology and innovation hubs designated under this section, 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 innovation hubs under subsection (d) and awarding grants or cooperative agreements under subsection (f), the Secretary—
(A)
shall collaborate with Federal departments and agencies whose missions contribute to the goals of the regional technology 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 expertise; and
(C)
may accept funds from other Federal agencies to support grants, cooperative agreements, and activities under this section.
(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 technology and innovation hub, develop metrics, which may include metrics relating to domestic job creation, patent awards, increases in research funding, business formation and expansion, and participation of individuals or communities historically underrepresented in STEM, to assess the effectiveness of the activities funded in making progress toward the purposes set forth under subsection (b)(1);
(B)
establish standards for the performance of the regional technology and innovation hub that are based on the metrics developed under subparagraph (A); and
(C)
prior to any award made under a subsequent performance period in subsection (f) and every 2 years thereafter until Federal financial 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 regional technology and innovation hub is meeting the standards for performance established under subparagraph (B) of this paragraph.
(2)
Final reports by recipients of strategy implementation grants and cooperative agreements
(A)
In general
The Secretary shall require each eligible consortium that receives a grant or cooperative agreement under subsection (f) for activities of a regional technology and innovation 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 activities of the regional technology and innovation hub supported by the grant or cooperative agreement.
(B)
Contents of report
Each report submitted by an eligible consortium under subparagraph (A) shall include the following:
(i)
A detailed description of the activities carried out by the regional technology and innovation hub using the grant or cooperative agreement described in subparagraph (A), including the following:
(I)
A description of each project the regional technology and innovation hub completed using such grant or cooperative agreement.
(II)
An explanation of how each project described in subclause (I) achieves a specific goal under this section in the region of the regional technology and innovation hub with respect to—
(aa)
the resiliency and sustainability of a supply chain;
(bb)
research, development, and deployment of a critical technology;
(cc)
workforce training and development;
(dd)
domestic job creation;
(ee)
entrepreneurship and company formation;
(ff)
commercialization;
(gg)
access to private capital; or
(hh)
participation of individuals or communities historically underrepresented in STEM.
(ii)
A discussion of any obstacles encountered by the regional technology and innovation hub in the implementation of the regional technology and innovation hub and how the regional technology and innovation hub overcame those obstacles.
(iii)
An evaluation of the success of the projects of the regional technology and innovation hub using the performance standards and measures established under paragraph (1), including an evaluation of the planning process and how the project contributes to carrying out the regional innovation 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 technology and innovation hub, growth in technology and innovation sectors produces broadly shared opportunity across the region, including for economic disadvantaged and underrepresented populations 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 innovation hub described in such paragraph to submit 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 cooperative agreements under subsection (e) for the period of fiscal years 2023 through 2027;
(2)
$2,950,000,000 to award grants and cooperative agreements under subsection (f) for the period of fiscal years 2023 and 2024; and
(3)
$7,000,000,000 to award grants and cooperative agreements under subsection (f) for the period of fiscal years 2025 through 2027.
([Pub. L. 96–480, § 28], as added [Pub. L. 117–167, div. B, title VI, § 10621(a)(2)], Aug. 9, 2022, [136 Stat. 1642].)