Legal corpus: the complete U.S. Code (59,740 sections, all 53 titles)

Ingested titles 12–51 and 54 from OLRC USLM XML @119-100 (the whole Code
now, uniform edition; Title 53 is reserved/empty). LegalText 11,221 ->
59,740; repo total 105,704 records. Deterministic (byte-identical rerun,
verified on Title 42's 8,356 sections); make check green. make
legal-us-code default now covers every title.

Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
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title_number: 15
title_name: "COMMERCE AND TRADE"
chapter_number: "63"
chapter_name: "TECHNOLOGY INNOVATION"
section: "3702"
citation: "15 U.S.C. § 3702"
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# 15 U.S.C. § 3702 - Purpose
## Text
It is the purpose of this chapter to improve the economic, environmental, and social well-being of the United States by—
(1) establishing organizations in the executive branch to study and stimulate technology;
(2) promoting technology development through the establishment of cooperative research centers;
(3) stimulating improved utilization of federally funded technology developments, including inventions, software, and training technologies, by State and local governments and the private sector;
(4) providing encouragement for the development of technology through the recognition of individuals and companies which have made outstanding contributions in technology; and
(5) encouraging the exchange of scientific and technical personnel among academia, industry, and Federal laboratories.
(Pub. L. 96480, § 3, Oct. 21, 1980, 94 Stat. 2312; Pub. L. 99502, § 9(b)(1), (f)(2), Oct. 20, 1986, 100 Stat. 1795, 1797.)
## Notes
Editorial Notes
Amendments1986—Par. (2). Pub. L. 99502, § 9(b)(1), substituted “cooperative research centers” for “centers for industrial technology”. Par. (3). Pub. L. 99502, § 9(f)(2), inserted “, including inventions, software, and training technologies,”.
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# 15 U.S.C. § 3703 - Definitions
## Text
As used in this chapter, unless the context otherwise requires, the term—
(1) “Secretary” means the Secretary of Commerce.
(2) “Centers” means the Cooperative Research Centers established under section 3705 or 3707 of this title.
(3) “Nonprofit institution” means an organization owned and operated exclusively for scientific or educational purposes, no part of the net earnings of which inures to the benefit of any private shareholder or individual.
(4) “Federal laboratory” means any laboratory, any federally funded research and development center, or any center established under section 3705 or 3707 of this title that is owned, leased, or otherwise used by a Federal agency and funded by the Federal Government, whether operated by the Government or by a contractor.
(5) “Supporting agency” means either the Department of Commerce or the National Science Foundation, as appropriate.
(6) “Federal agency” means any executive agency as defined in section 105 of title 5 and the military departments as defined in section 102 of such title, as well as any agency of the legislative branch of the Federal Government.
(7) “Invention” means any invention or discovery which is or may be patentable or otherwise protected under title 35 or any novel variety of plant which is or may be protectable under the Plant Variety Protection Act (7 U.S.C. 2321 et seq.).
(8) “Made” when used in conjunction with any invention means the conception or first actual reduction to practice of such invention.
(9) “Small business firm” means a small business concern as defined in section 632 of this title and implementing regulations of the Administrator of the Small Business Administration.
(10) “Training technology” means computer software and related materials which are developed by a Federal agency to train employees of such agency, including but not limited to software for computer-based instructional systems and for interactive video disc systems.
(11) “Clearinghouse” means the Clearinghouse for State and Local Initiatives on Productivity, Technology, and Innovation established by section 3704a of this title.
(Pub. L. 96480, § 4, Oct. 21, 1980, 94 Stat. 2312; Pub. L. 99502, § 9(b)(2), (d), Oct. 20, 1986, 100 Stat. 1795, 1796; Pub. L. 100418, title V, § 5122(b), Aug. 23, 1988, 102 Stat. 1439; Pub. L. 100519, title II, § 201(d)(1), Oct. 24, 1988, 102 Stat. 2594; Pub. L. 102245, title III, § 304, Feb. 14, 1992, 106 Stat. 20; Pub. L. 106404, § 7(1), (2), Nov. 1, 2000, 114 Stat. 1745; Pub. L. 11069, title III, § 3002(c)(3), Aug. 9, 2007, 121 Stat. 586.)
## Notes
Editorial Notes
References in TextThe Plant Variety Protection Act, referred to in par. (7), is Pub. L. 91577, Dec. 24, 1970, 84 Stat. 1542, which is classified principally to chapter 57 (§ 2321 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see Short Title note set out under section 2321 of Title 7 and Tables.
Amendments2007—Pub. L. 11069 redesignated pars. (2) and (4) to (13) as (1) and (2) to (11), respectively, and struck out pars. (1) and (3) which defined “Office” and “Under Secretary”, respectively. 2000—Pars. (4), (6). Pub. L. 106404 made technical amendments to references in original act which appear in text as references to sections 3705 and 3707 of this title. 1992—Par. (8). Pub. L. 102245 inserted before period at end “, as well as any agency of the legislative branch of the Federal Government”. 1988—Par. (1). Pub. L. 100519, § 201(d)(1)(A), substituted “Technology Policy” for “Productivity, Technology, and Innovation”. Par. (3). Pub. L. 100519, § 201(d)(1)(B), amended par. (3) generally, substituting provisions defining “Under Secretary” for provisions defining “Assistant Secretary”. Par. (13). Pub. L. 100418 added par. (13). 1986—Par. (1). Pub. L. 99502, § 9(b)(2)(A), substituted “Productivity, Technology, and Innovation” for “Industrial Technology”. Par. (3). Pub. L. 99502, § 9(b)(2)(B), substituted “ Assistant Secretary means the Assistant Secretary for Productivity, Technology, and Innovation” for “ Director means the Director of the Office of Industrial Technology”. Par. (4). Pub. L. 99502, § 9(b)(2)(C), substituted “Cooperative Research Centers” for “Centers for Industrial Technology”. Par. (6). Pub. L. 99502, § 9(b)(2)(D), (E), redesignated par. (7) as (6), substituted “owned, leased, or otherwise used by a Federal agency and funded” for “owned and funded”, and struck out former par. (6) which defined “Board” to mean the National Industrial Technology Board established pursuant to section 3709 of this title. Pars. (7) to (12). Pub. L. 99502, § 9(b)(2)(D), (d), redesignated pars. (7) and (8) as (6) and (7), respectively, and added pars. (8) to (12).
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# 15 U.S.C. § 3704a - Clearinghouse for State and Local Initiatives on Productivity, Technology, and Innovation
## Text
(a) Establishment There is established within the Office of Productivity, Technology, and Innovation a Clearinghouse for State and Local Initiatives on Productivity, Technology, and Innovation. The Clearinghouse shall serve as a central repository of information on initiatives by State and local governments to enhance the competitiveness of American business through the stimulation of productivity, technology, and innovation and Federal efforts to assist State and local governments to enhance competitiveness.
(b) Responsibilities The Clearinghouse may—
(1) establish relationships with State and local governments, and regional and multistate organizations of such governments, which carry out such initiatives;
(2) collect information on the nature, extent, and effects of such initiatives, particularly information useful to the Congress, Federal agencies, State and local governments, regional and multistate organizations of such governments, businesses, and the public throughout the United States;
(3) disseminate information collected under paragraph (2) through reports, directories, handbooks, conferences, and seminars;
(4) provide technical assistance and advice to such governments with respect to such initiatives, including assistance in determining sources of assistance from Federal agencies which may be available to support such initiatives;
(5) study ways in which Federal agencies, including Federal laboratories, are able to use their existing policies and programs to assist State and local governments, and regional and multistate organizations of such governments, to enhance the competitiveness of American business;
(6) make periodic recommendations to the Secretary, and to other Federal agencies upon their request, concerning modifications in Federal policies and programs which would improve Federal assistance to State and local technology and business assistance programs;
(7) develop methodologies to evaluate State and local programs, and, when requested, advise State and local governments, and regional and multistate organizations of such governments, as to which programs are most effective in enhancing the competitiveness of American business through the stimulation of productivity, technology, and innovation; and
(8) make use of, and disseminate, the nationwide study of State industrial extension programs conducted by the Secretary.
(c) Contracts In carrying out subsection (b), the Secretary may enter into contracts for the purpose of collecting information on the nature, extent, and effects of initiatives.
(Pub. L. 96480, § 6, as added Pub. L. 100418, title V, § 5122(a)(2), Aug. 23, 1988, 102 Stat. 1438.)
## Notes
Editorial Notes
Codification Subsec. (d) of this section, which required the Secretary to prepare and transmit a triennial report to Congress, including recommendations to the President, Congress, and Federal agencies, on initiatives by State and local governments to enhance the competitiveness of American businesses through the stimulation of productivity, technology, and innovation, terminated, effective May 15, 2000, pursuant to section 3003 of Pub. L. 10466, as amended, set out as a note under section 1113 of Title 31, Money and Finance. See, also, page 50 of House Document No. 1037.
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# 15 U.S.C. § 3704b1 - Recovery of operating costs through fee collections
## Text
Operating costs for the National Technical Information Service associated with the acquisition, processing, storage, bibliographic control, and archiving of information and documents shall be recovered primarily through the collection of fees.
(Pub. L. 102245, title I, § 103(c), Feb. 14, 1992, 106 Stat. 8.)
## Notes
Editorial Notes
Codification Section was enacted as part of the American Technology Preeminence Act of 1991, and not as part of the Stevenson-Wydler Technology Innovation Act of 1980 which comprises this chapter.
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# 15 U.S.C. § 3704b2 - Transfer of Federal scientific and technical information
## Text
(a) Transfer The head of each Federal executive department or agency shall transfer in a timely manner to the National Technical Information Service unclassified scientific, technical, and engineering information which results from federally funded research and development activities for dissemination to the private sector, academia, State and local governments, and Federal agencies. Only information which would otherwise be available for public dissemination shall be transferred under this subsection. Such information shall include technical reports and information, computer software, application assessments generated pursuant to section 3710(c) of this title, and information regarding training technology and other federally owned or originated technologies. The Secretary shall issue regulations within one year after February 14, 1992, outlining procedures for the ongoing transfer of such information to the National Technical Information Service.
(b) Annual report to Congress As part of the annual report required under section 3704b(f)(3) of this title, the Secretary shall report to Congress on the status of efforts under this section to ensure access to Federal scientific and technical information by the public. Such report shall include—
(1) an evaluation of the comprehensiveness of transfers of information by each Federal executive department or agency under subsection (a);
(2) a description of the use of Federal scientific and technical information;
(3) plans for improving public access to Federal scientific and technical information; and
(4) recommendations for legislation necessary to improve public access to Federal scientific and technical information.
(Pub. L. 102245, title I, § 108, Feb. 14, 1992, 106 Stat. 13.)
## Notes
Editorial Notes
Codification Section was enacted as part of the American Technology Preeminence Act of 1991, and not as part of the Stevenson-Wydler Technology Innovation Act of 1980 which comprises this chapter.
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# 15 U.S.C. § 3704b - National Technical Information Service
## Text
(a) Powers (1) The Secretary of Commerce, acting through the Director of the National Technical Information Service (hereafter in this section referred to as the “Director”) is authorized to do the following:
(A) Enter into such contracts, cooperative agreements, joint ventures, and other transactions, in accordance with all relevant provisions of Federal law applicable to such contracts and agreements, and under reasonable terms and conditions, as may be necessary in the conduct of the business of the National Technical Information Service (hereafter in this section referred to as the “Service”).
(B) In addition to the authority regarding fees contained in section 2 of the Act entitled “An Act to provide for the dissemination of technological, scientific, and engineering information to American business and industry, and for other purposes” enacted September 9, 1950 (15 U.S.C. 1152), retain and, subject to appropriations Acts, utilize its net revenues to the extent necessary to implement the plan submitted under subsection (f)(3)(D).
(C) Enter into contracts for the performance of part or all of the functions performed by the Promotion Division of the Service prior to October 24, 1988. The details of any such contract, and a statement of its effect on the operations and personnel of the Service, shall be provided to the appropriate committees of the Congress 30 days in advance of the execution of such contract.
(D) Employ such personnel as may be necessary to conduct the business of the Service.
(E) For the period of October 1, 1991 through September 30, 1992, only, retain and use all earned and unearned monies heretofore or hereafter received, including receipts, revenues, and advanced payments and deposits, to fund all obligations and expenses, including inventories and capital equipment.
An increase or decrease in the personnel of the Service shall not affect or be affected by any ceilings on the number or grade of personnel.
(2) The functions and activities of the Service specified in subsection (e)(1) through (6) are permanent Federal functions to be carried out by the Secretary through the Service and its employees, and shall not be transferred from the Service, by contract or otherwise, to the private sector on a permanent or temporary basis without express approval of the Congress. Functions or activities—
(A) for the procurement of supplies, materials, and equipment by the Service;
(B) referred to in paragraph (1)(C); or
(C) to be performed through joint ventures or cooperative agreements which do not result in a reduction in the Federal workforce of the affected programs of the service,11 So in original. Probably should be capitalized.
shall not be considered functions or activities for purposes of this paragraph.
(3) For the purposes of this subsection, the term “net revenues” means the excess of revenues and receipts from any source, other than royalties and other income described in section 13(a)(4) 22 See References in Text note below. of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710c(a)(4)), over operating expenses.
(4) Omitted.
(b) Director of the Service The management of the Service shall be vested in a Director who shall report to the Director of the National Institute of Standards and Technology and the Secretary of Commerce.
(c) Advisory Board (1) There is established the Advisory Board of the National Technical Information Service, which shall be composed of a chairman and four other members appointed by the Secretary.
(2) In appointing members of the Advisory Board the Secretary shall solicit recommendations from the major users and beneficiaries of the Services activities and shall select individuals experienced in providing or utilizing technical information.
(3) The Advisory Board shall review the general policies and operations of the Service, including policies in connection with fees and charges for its services, and shall advise the Secretary and the Director with respect thereto.
(4) The Advisory Board shall meet at the call of the Secretary, but not less often than once each six months.
(d) Audits The Secretary of Commerce shall provide for annual independent audits of the Services financial statements beginning with fiscal year 1988, to be conducted in accordance with generally accepted accounting principles.
(e) Functions The Secretary of Commerce, acting through the Service, shall—
(1) establish and maintain a permanent repository of nonclassified scientific, technical, and engineering information;
(2) cooperate and coordinate its operations with other Government scientific, technical, and engineering information programs;
(3) make selected bibliographic information products available in a timely manner to depository libraries as part of the Depository Library Program of the Government Publishing Office;
(4) in conjunction with the private sector as appropriate, collect, translate into English, and disseminate unclassified foreign scientific, technical, and engineering information;
(5) implement new methods or media for the dissemination of scientific, technical, and engineering information, including producing and disseminating information products in electronic format; and
(6) carry out the functions and activities of the Secretary under the Act entitled “An Act to provide for the dissemination of technological, scientific, and engineering information to American business and industry, and for other purposes” enacted September 9, 1950 [15 U.S.C. 1151 et seq.], and the functions and activities of the Secretary performed through the National Technical Information Service as of October 24, 1988, under the Stevenson-Wydler Technology Innovation Act of 1980 [15 U.S.C. 3701 et seq.].
(f) Notification of Congress (1) The Secretary of Commerce and the Director shall keep the appropriate committees of Congress fully and currently informed about all activities related to the carrying out of the functions of the Service, including changes in fee policies.
(2) Within 90 days after October 24, 1988, the Secretary of Commerce shall submit to the Congress a report on the current fee structure of the Service, including an explanation of the basis for the fees, taking into consideration all applicable costs, and the adequacy of the fees, along with reasons for the declining sales at the Service of scientific, technical, and engineering publications. Such report shall explain any actions planned or taken to increase such sales at reasonable fees.
(3) The Secretary shall submit an annual report to the Congress which shall—
(A) summarize the operations of the Service during the preceding year, including financial details and staff levels broken down by major activities;
(B) detail the operating plan of the Service, including specific expense and staff needs, for the upcoming year;
(C) set forth details of modernization progress made in the preceding year;
(D) describe the long-term modernization plans of the Service; and
(E) include the results of the most recent annual audit carried out under subsection (d).
(4) The Secretary shall also give the Congress detailed advance notice of not less than 30 calendar days of—
(A) any proposed reduction-in-force;
(B) any joint venture or cooperative agreement which involves a financial incentive to the joint venturer or contractor; and
(C) any change in the operating plan submitted under paragraph (3)(B) which would result in a variation from such plan with respect to expense levels of more than 10 percent.
(Pub. L. 100519, title II, § 212, Oct. 24, 1988, 102 Stat. 2594; Pub. L. 102140, title II, Oct. 28, 1991, 105 Stat. 804; Pub. L. 102245, title V, § 506(c), Feb. 14, 1992, 106 Stat. 27; Pub. L. 110161, div. B, title I, § 109, Dec. 26, 2007, 121 Stat. 1893; Pub. L. 113235, div. H, title I, § 1301(b), Dec. 16, 2014, 128 Stat. 2537.)
## Notes
Editorial Notes
References in TextThis section, referred to in subsec. (a)(1), was in the original “this subtitle”, meaning subtitle B (§§ 211, 212) of title II of Pub. L. 100519, Oct. 24, 1988, 102 Stat. 2594, which enacted section 3704b of this title and amended section 3710 of this title. For complete classification of this subtitle to the Code, see Short Title of 1988 Amendment note set out under section 3701 of this title and Tables. Section 13(a)(4) of the Stevenson-Wydler Technology Innovation Act of 1980, referred to in subsec. (a)(3), probably means section 14(a)(4) of the Act, which is classified to section 3710c(a)(4) of this title. Section 13 of the Act was renumbered section 14 by Pub. L. 100418, title V, § 5122(a)(1), Aug. 23, 1988, 102 Stat. 1438. The Act entitled “An Act to provide for the dissemination of technological, scientific, and engineering information to American business and industry, and for other purposes” enacted September 9, 1950, referred to in subsec. (e)(6), is act Sept. 9, 1950, ch. 936, 64 Stat. 823, which is classified generally to chapter 23 (§ 1151 et seq.) of this title. For complete classification of this Act to the Code, see Tables. The Stevenson-Wydler Technology Innovation Act of 1980, referred to in subsec. (e)(6), is Pub. L. 96480, Oct. 21, 1980, 94 Stat. 2311, which is classified generally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 3701 of this title and Tables.
Codification Section was enacted as part of the National Technical Information Act of 1988, and not as part of the Stevenson-Wydler Technology Innovation Act of 1980 which comprises this chapter. Subsec. (a)(4) of this section repealed subsec. (h) of section 3710 of this title.
Amendments2007—Subsec. (b). Pub. L. 110161 substituted “Director of the National Institute of Standards and Technology” for “Under Secretary of Commerce for Technology”. 1992—Subsec. (e)(5). Pub. L. 102245 inserted “, including producing and disseminating information products in electronic format” after “engineering information”. 1991—Subsec. (a)(1)(E). Pub. L. 102140 added subpar. (E).
Statutory Notes and Related Subsidiaries
Change of Name “Government Publishing Office” substituted for “Government Printing Office” in subsec. (e)(3) on authority of section 1301(b) of Pub. L. 113235, set out as a note preceding section 301 of Title 44, Public Printing and Documents.
Termination of Advisory BoardsAdvisory boards established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a board established by the President or an officer of the Federal Government, such board is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a board established by the Congress, its duration is otherwise provided by law. See sections 1001(2) and 1013 of Title 5, Government Organization and Employees.
National Technical Information Service Revolving FundPub. L. 102395, title II, Oct. 6, 1992, 106 Stat. 1853, provided that: “For establishment of a National Technical Information Service Revolving Fund, $8,000,000 without fiscal year limitation: Provided, That unexpended balances in Information Products and Services shall be transferred to and merged with this account, to remain available until expended. Notwithstanding 15 U.S.C. 1525 and 1526, all payments collected by the National Technical Information Service in performing its activities authorized by chapters 23 and 63 of title 15 of the United States Code shall be credited to this Revolving Fund. Without further appropriations action, all expenses incurred in performing the activities of the National Technical Information Service, including modernization, capital equipment and inventory, shall be paid from the fund. A business-type budget for the fund shall be prepared in the manner prescribed by 31 U.S.C. 9103.”
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# 15 U.S.C. § 3705 - Cooperative Research Centers
## Text
(a) Establishment The Secretary shall provide assistance for the establishment of Cooperative Research Centers. Such Centers shall be affiliated with any university, or other nonprofit institution, or group thereof, that applies for and is awarded a grant or enters into a cooperative agreement under this section. The objective of the Centers is to enhance technological innovation through—
(1) the participation of individuals from industry and universities in cooperative technological innovation activities;
(2) the development of the generic research base, important for technological advance and innovative activity, in which individual firms have little incentive to invest, but which may have significant economic or strategic importance, such as manufacturing technology;
(3) the education and training of individuals in the technological innovation process;
(4) the improvement of mechanisms for the dissemination of scientific, engineering, and technical information among universities and industry;
(5) the utilization of the capability and expertise, where appropriate, that exists in Federal laboratories; and
(6) the development of continuing financial support from other mission agencies, from State and local government, and from industry and universities through, among other means, fees, licenses, and royalties.
(b) Activities The activities of the Centers shall include, but need not be limited to—
(1) research supportive of technological and industrial innovation including cooperative industry-university research;
(2) assistance to individuals and small businesses in the generation, evaluation, and development of technological ideas supportive of industrial innovation and new business ventures;
(3) technical assistance and advisory services to industry, particularly small businesses; and
(4) curriculum development, training, and instruction in invention, entrepreneurship, and industrial innovation.
Each Center need not undertake all of the activities under this subsection.
(c) Requirements Prior to establishing a Center, the Secretary shall find that—
(1) consideration has been given to the potential contribution of the activities proposed under the Center to productivity, employment, and economic competitiveness of the United States;
(2) a high likelihood exists of continuing participation, advice, financial support, and other contributions from the private sector;
(3) the host university or other nonprofit institution has a plan for the management and evaluation of the activities proposed within the particular Center, including:
(A) the agreement between the parties as to the allocation of patent rights on a nonexclusive, partially exclusive, or exclusive license basis to and inventions conceived or made under the auspices of the Center; and
(B) the consideration of means to place the Center, to the maximum extent feasible, on a self-sustaining basis;
(4) suitable consideration has been given to the universitys or other nonprofit institutions capabilities and geographical location; and
(5) consideration has been given to any effects upon competition of the activities proposed under the Center.
(d) Planning grants The Secretary is authorized to make available nonrenewable planning grants to universities or nonprofit institutions for the purpose of developing a plan required under subsection (c)(3).
(e) Research and development utilization In the promotion of technology from research and development efforts by Centers under this section, chapter 18 of title 35 shall apply to the extent not inconsistent with this section.
(Pub. L. 96480, § 7, formerly § 6, Oct. 21, 1980, 94 Stat. 2313; Pub. L. 99502, § 9(b)(6)(10), Oct. 20, 1986, 100 Stat. 1796; renumbered § 7, Pub. L. 100418, title V, § 5122(a)(1), Aug. 23, 1988, 102 Stat. 1438.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 7 of Pub. L. 96480 was renumbered section 8 and is classified to section 3706 of this title.
Amendments1986—Subsec. (a). Pub. L. 99502, § 9(b)(7), substituted “Cooperative Research Centers” for “Centers for Industrial Technology”. Subsec. (b)(1). Pub. L. 99502, § 9(b)(8), struck out “basic and applied” after “industry-university”. Subsec. (e). Pub. L. 99502, § 9(b)(9), amended subsec. (e) generally. Prior to amendment, subsec. (e) provided that a Center of Industrial Technology had the option to acquire title to an invention conceived or made under its auspices and supported by Federal funds, authorized supporting agency to require the Center to grant licenses to the invention to responsible applicants in certain cases, and provided for judicial review of licensing determinations by the supporting agency. Subsec. (f). Pub. L. 99502, § 9(b)(10), struck out subsec. (f) which read as follows: “The supporting agency may request the Attorney Generals opinion whether the proposed joint research activities of a Center would violate any of the antitrust laws. The Attorney General shall advise the supporting agency of his determination and the reasons for it within 120 days after receipt of such request.”
Statutory Notes and Related Subsidiaries
Model ProgramPub. L. 101510, div. A, title VIII, § 827(b), Nov. 5, 1990, 104 Stat. 1607, as amended by Pub. L. 102190, div. A, title X, § 1062(a)(2), Dec. 5, 1991, 105 Stat. 1475, provided that: “(1) In the administration of applicable provisions of the Stevenson-Wydler Technology Innovation Act of 1980 [15 U.S.C. 3701 et seq.] or section 5121(b) of the Omnibus Trade and Competitiveness Act of 1988 [Pub. L. 100418, 15 U.S.C. 278l note], the Secretary of Commerce shall develop, in consultation with the Secretary of Defense and the Secretary of Energy, model programs for national defense laboratories. “(2) Model programs under this subsection shall involve Federal laboratories, small businesses, and partnership intermediaries. The purpose of the model programs is to demonstrate successful relationships between the Federal Government, State and local governments, and small businesses which encourage economic growth through the commercial application of technology resulting from federally funded research. “(3) In this subsection, the term national defense laboratory means any laboratory, federally funded research and development center (FFRDC), or other center established under section 7 or 9 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3705, 3707) that is owned by the Federal Government, whether operated by the Federal Government or by a contractor, and—“(A) is under the jurisdiction of the Secretary of Defense; or “(B) is under the jurisdiction of the Secretary of Energy, but only if the primary function of the laboratory, FFRDC, or other center under the Secretarys jurisdiction is to support the national defense activities of the Department of Defense or the Department of Energy.”
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# 15 U.S.C. § 3706 - Grants and cooperative agreements
## Text
(a) In general The Secretary may make grants and enter into cooperative agreements according to the provisions of this section in order to assist any activity consistent with this chapter, including activities performed by individuals.
(b) Eligibility and procedure Any person or institution may apply to the Secretary for a grant or cooperative agreement available under this section. Application shall be made in such form and manner, and with such content and other submissions, as the Assistant Secretary shall prescribe. The Secretary shall act upon each such application within 90 days after the date on which all required information is received.
(c) Terms and conditions (1) Any grant made, or cooperative agreement entered into, under this section shall be subject to the limitations and provisions set forth in paragraph (2) of this subsection, and to such other terms, conditions, and requirements as the Secretary deems necessary or appropriate.
(2) Any person who receives or utilizes any proceeds of any grant made or cooperative agreement entered into under this section shall keep such records as the Secretary shall by regulation prescribe as being necessary and appropriate to facilitate effective audit and evaluation, including records which fully disclose the amount and disposition by such recipient of such proceeds, the total cost of the program or project in connection with which such proceeds were used, and the amount, if any, of such costs which was provided through other sources.
(Pub. L. 96480, § 8, formerly § 7, Oct. 21, 1980, 94 Stat. 2315; renumbered § 8 and amended Pub. L. 100418, title V, §§ 5115(b)(1), 5122(a)(1), Aug. 23, 1988, 102 Stat. 1433, 1438; Pub. L. 114329, title II, § 203, Jan. 6, 2017, 130 Stat. 2998.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 8 of Pub. L. 96480 was renumbered section 9 and is classified to section 3707 of this title.
Amendments2017—Subsec. (a). Pub. L. 114329 struck out at end “The total amount of any such grant or cooperative agreement may not exceed 75 percent of the total cost of the program.” 1988—Subsec. (b). Pub. L. 100418, § 5115(b)(1), substituted “Assistant Secretary” for “Director”.
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# 15 U.S.C. § 3707 - National Science Foundation Cooperative Research Centers
## Text
(a) Establishment and provisions The National Science Foundation shall provide assistance for the establishment of Cooperative Research Centers. Such Centers shall be affiliated with a university, or other nonprofit institution, or a group thereof. The objective of the Centers is to enhance technological innovation as provided in section 3705(a) of this title through the conduct of activities as provided in section 3705(b) of this title.
(b) Planning grants The National Science Foundation is authorized to make available nonrenewable planning grants to universities or nonprofit institutions for the purpose of developing the plan, as described under section 3705(c)(3) of this title.
(c) Terms and conditions Grants, contracts, and cooperative agreements entered into by the National Science Foundation in execution of the powers and duties of the National Science Foundation under this chapter shall be governed by the National Science Foundation Act of 1950 [42 U.S.C. 1861 et seq.] and other pertinent Acts.
(Pub. L. 96480, § 9, formerly § 8, Oct. 21, 1980, 94 Stat. 2316; Pub. L. 99502, § 9(b)(11), (12), (e)(2)(B), Oct. 20, 1986, 100 Stat. 1796, 1797; renumbered § 9, Pub. L. 100418, title V, § 5122(a)(1), Aug. 23, 1988, 102 Stat. 1438; Pub. L. 106404, § 7(4), Nov. 1, 2000, 114 Stat. 1745.)
## Notes
Editorial Notes
References in TextThe National Science Foundation Act of 1950, referred to in subsec. (c), is act May 10, 1950, ch. 171, 64 Stat. 149, which is classified generally to chapter 16 (§ 1861 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 1861 of Title 42 and Tables.
Prior ProvisionsA prior section 9 of Pub. L. 96480 was renumbered section 10 and is classified to section 3708 of this title.
Amendments2000—Subsecs. (a), (b). Pub. L. 106404 made technical amendments to references in original act which appear in text as references to section 3705 of this title. 1986—Subsec. (a). Pub. L. 99502 substituted “Cooperative Research Centers” for “Centers for Industrial Technology” and struck out last sentence which read as follows: “The provisions of sections 3705(e) and 3705(f) of this title shall apply to Centers established under this section.”
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# 15 U.S.C. § 3708 - Administrative arrangements
## Text
(a) Coordination The Secretary and the National Science Foundation shall, on a continuing basis, obtain the advice and cooperation of departments and agencies whose missions contribute to or are affected by the programs established under this chapter, including the development of an agenda for research and policy experimentation. These departments and agencies shall include but not be limited to the Departments of Defense, Energy, Education, Health and Human Services, Housing and Urban Development, the Environmental Protection Agency, National Aeronautics and Space Administration, Small Business Administration, Council of Economic Advisers, Council on Environmental Quality, and Office of Science and Technology Policy.
(b) Cooperation It is the sense of the Congress that departments and agencies, including the Federal laboratories, whose missions are affected by, or could contribute to, the programs established under this chapter, should, within the limits of budgetary authorizations and appropriations, support or participate in activities or projects authorized by this chapter.
(c) Administrative authorization (1) Departments and agencies described in subsection (b) are authorized to participate in, contribute to, and serve as resources for the Centers and for any other activities authorized under this chapter.
(2) The Secretary and the National Science Foundation are authorized to receive moneys and to receive other forms of assistance from other departments or agencies to support activities of the Centers and any other activities authorized under this chapter.
(d) Cooperative efforts The Secretary and the National Science Foundation shall, on a continuing basis, provide each other the opportunity to comment on any proposed program of activity under section 3705, 3707, 3710, 3710d, 3711a, or 3712 of this title before funds are committed to such program in order to mount complementary efforts and avoid duplication.
(Pub. L. 96480, § 10, formerly § 9, Oct. 21, 1980, 94 Stat. 2316; Pub. L. 99502, § 9(e)(2)(C), Oct. 20, 1986, 100 Stat. 1797; Pub. L. 100107, § 3(b), Aug. 20, 1987, 101 Stat. 727; renumbered § 10 and amended Pub. L. 100418, title V, § 5122(a)(1), (c), Aug. 23, 1988, 102 Stat. 1438, 1439; Pub. L. 102240, title VI, § 6019, Dec. 18, 1991, 105 Stat. 2183.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 10 of Pub. L. 96480 was renumbered section 11 and is classified to section 3710 of this title. Another prior section 10 of Pub. L. 96480 related to National Industrial Technology Board and was classified to section 3709 of this title, prior to repeal by section 9(a) of Pub. L. 99502.
Amendments1991—Subsec. (d). Pub. L. 102240 made technical amendment to reference to section 3712 of this title to reflect renumbering of corresponding section of original act. 1988—Subsec. (d). Pub. L. 100418, § 5122(c), made technical amendment to references to sections 3705, 3707, 3710, 3710d, 3711a, and 3712 of this title to reflect renumbering of corresponding sections of original act. 1987—Subsec. (d). Pub. L. 100107 inserted reference to section 3711a of this title. 1986—Subsec. (d). Pub. L. 99502 inserted references to sections 3710 and 3710d of this title.
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# 15 U.S.C. § 3709 - Repealed. Pub. L. 99502, § 9(a), Oct. 20, 1986, 100 Stat. 1795
## Notes
Section, Pub. L. 96480, § 10, Oct. 21, 1980, 94 Stat. 2317, related to establishment, duties, membership, and terms of National Industrial Technology Board.
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# 15 U.S.C. § 3710b - Rewards for scientific, engineering, and technical personnel of Federal agencies
## Text
The head of each Federal agency that is making expenditures at a rate of more than $50,000,000 per fiscal year for research and development in its Government-operated laboratories shall use the appropriate statutory authority to develop and implement a cash awards program to reward its scientific, engineering, and technical personnel for—
(1) inventions, innovations, computer software, or other outstanding scientific or technological contributions of value to the United States due to commercial application or due to contributions to missions of the Federal agency or the Federal government,11 So in original. Probably should be capitalized. or
(2) exemplary activities that promote the domestic transfer of science and technology development within the Federal Government and result in utilization of such science and technology by American industry or business, universities, State or local governments, or other non-Federal parties.
(Pub. L. 96480, § 13, as added and renumbered § 12, Pub. L. 99502, §§ 6, 9(e)(1), Oct. 20, 1986, 100 Stat. 1792, 1797; renumbered § 13, Pub. L. 100418, title V, § 5122(a)(1), Aug. 23, 1988, 102 Stat. 1438; amended Pub. L. 100519, title III, § 302, Oct. 24, 1988, 102 Stat. 2597.)
## Notes
Editorial Notes
Amendments1988—Par. (1). Pub. L. 100519 inserted “computer software,” after “inventions, innovations,”.
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# 15 U.S.C. § 3710d - Employee activities
## Text
(a) In general If a Federal agency which has ownership of or the right of ownership to an invention made by a Federal employee does not intend to file for a patent application or otherwise to promote commercialization of such invention, the agency shall allow the inventor, if the inventor is a Government employee or former employee who made the invention during the course of employment with the Government, to obtain or retain title to the invention (subject to reservation by the Government of a nonexclusive, nontransferrable, irrevocable, paid-up license to practice the invention or have the invention practiced throughout the world by or on behalf of the Government). In addition, the agency may condition the inventors right to title on the timely filing of a patent application in cases when the Government determines that it has or may have a need to practice the invention.
(b) “Special Government employees” defined For purposes of this section, Federal employees include “special Government employees” as defined in section 202 of title 18.
(c) Relationship to other laws Nothing in this section is intended to limit or diminish existing authorities of any agency.
(Pub. L. 96480, § 15, as added and renumbered § 14, Pub. L. 99502, §§ 8, 9(e)(1), Oct. 20, 1986, 100 Stat. 1794, 1797; renumbered § 15, Pub. L. 100418, title V, § 5122(a)(1), Aug. 23, 1988, 102 Stat. 1438; amended Pub. L. 104113, § 6, Mar. 7, 1996, 110 Stat. 779.)
## Notes
Editorial Notes
Amendments1996—Subsec. (a). Pub. L. 104113 substituted “ownership of or the right of ownership to an invention made by a Federal employee” for “the right of ownership to an invention under this chapter” and inserted “obtain or” before “retain title to the invention”.
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# 15 U.S.C. § 3711 - National Technology and Innovation Medal
## Text
(a) Establishment There is hereby established a National Technology and Innovation Medal, which shall be of such design and materials and bear such inscriptions as the President, on the basis of recommendations submitted by the Office of Science and Technology Policy, may prescribe.
(b) Award The President shall periodically award the medal, on the basis of recommendations received from the Secretary or on the basis of such other information and evidence as he deems appropriate, to individuals or companies, which in his judgment are deserving of special recognition by reason of their outstanding contributions to the promotion of technology or technological manpower for the improvement of the economic, environmental, or social well-being of the United States.
(c) Presentation The presentation of the award shall be made by the President with such ceremonies as he may deem proper.
(Pub. L. 96480, § 16, formerly § 12, Oct. 21, 1980, 94 Stat. 2319; renumbered § 16, Pub. L. 99502, § 2, Oct. 20, 1986, 100 Stat. 1785; renumbered § 15, Pub. L. 99502, § 9(e)(1), Oct. 20, 1986, 100 Stat. 1797; renumbered § 16, Pub. L. 100418, title V, § 5122(a)(1), Aug. 23, 1988, 102 Stat. 1438; Pub. L. 11069, title I, § 1003, Aug. 9, 2007, 121 Stat. 576.)
## Notes
Editorial Notes
Amendments2007—Pub. L. 11069, § 1003(1), which directed substitution of “National Technology and Innovation Medal” for “National Medal” in section catchline, was executed by making the substitution for “National Technology Medal” to reflect the probable intent of Congress. Subsec. (a). Pub. L. 11069, § 1003(2), substituted “Technology and Innovation Medal” for “Technology Medal”.
Statutory Notes and Related Subsidiaries
National Technology Medal for Environmental TechnologyPub. L. 105309, § 10, Oct. 30, 1998, 112 Stat. 2939, provided that: “In the administration of section 16 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3711), Environmental Technology shall be established as a separate nomination category with appropriate unique criteria for that category.”
@@ -0,0 +1,91 @@
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# 15 U.S.C. § 3711a - Malcolm Baldrige National Quality Award
## Text
(a) Establishment There is hereby established the Malcolm Baldrige National Quality Award, which shall be evidenced by a medal bearing the inscriptions “Malcolm Baldrige National Quality Award” and “The Quest for Excellence”. The medal shall be of such design and materials and bear such additional inscriptions as the Secretary may prescribe.
(b) Making and presentation of award (1) The President (on the basis of recommendations received from the Secretary), or the Secretary, shall periodically make the award to companies and other organizations which in the judgment of the President or the Secretary have substantially benefited the economic or social well-being of the United States through improvements in the quality of their goods or services resulting from the effective practice of quality management, and which as a consequence are deserving of special recognition.
(2) The presentation of the award shall be made by the President or the Secretary with such ceremonies as the President or the Secretary may deem proper.
(3) An organization to which an award is made under this section, and which agrees to help other American organizations improve their quality management, may publicize its receipt of such award and use the award in its advertising, but it shall be ineligible to receive another such award in the same category for a period of 5 years.
(c) Categories in which award may be given (1) Subject to paragraph (2), separate awards shall be made to qualifying organizations in each of the following categories—
(A) Small businesses.
(B) Companies or their subsidiaries.
(C) Companies which primarily provide services.
(D) Health care providers.
(E) Education providers.
(F) Nonprofit organizations.
(G) Community.
(2) The Secretary may at any time expand, subdivide, or otherwise modify the list of categories within which awards may be made as initially in effect under paragraph (1), and may establish separate awards for other organizations including units of government, upon a determination that the objectives of this section would be better served thereby; except that any such expansion, subdivision, modification, or establishment shall not be effective unless and until the Secretary has submitted a detailed description thereof to the Congress and a period of 30 days has elapsed since that submission.
(3) In any year, not more than 18 awards may be made under this section to recipients who have not previously received an award under this section, and no award shall be made within any category described in paragraph (1) if there are no qualifying enterprises in that category.
(d) Criteria for qualification (1) An organization may qualify for an award under this section only if it—
(A) applies to the Director of the National Institute of Standards and Technology in writing, for the award,
(B) permits a rigorous evaluation of the way in which its business and other operations have contributed to improvements in the quality of goods and services, and
(C) meets such requirements and specifications as the Secretary, after receiving recommendations from the Board of Overseers established under paragraph (2)(B) and the Director of the National Institute of Standards and Technology, determines to be appropriate to achieve the objectives of this section.
In applying the provisions of subparagraph (C) with respect to any organization, the Director of the National Institute of Standards and Technology shall rely upon an intensive evaluation by a competent board of examiners which shall review the evidence submitted by the organization and, through a site visit, verify the accuracy of the quality improvements claimed. The examination should encompass all aspects of the organizations current practice of quality management, as well as the organizations provision for quality management in its future goals. The award shall be given only to organizations which have made outstanding improvements in the quality of their goods or services (or both) and which demonstrate effective quality management through the training and involvement of all levels of personnel in quality improvement.
(2) (A) The Director of the National Institute of Standards and Technology shall, under appropriate contractual arrangements, carry out the Directors responsibilities under subparagraphs (A) and (B) of paragraph (1) through one or more broad-based nonprofit entities which are leaders in the field of quality management and which have a history of service to society.
(B) The Secretary shall appoint a board of overseers for the award, consisting of at least five persons selected for their preeminence in the field of quality management. This board shall meet annually to review the work of the contractor or contractors and make such suggestions for the improvement of the award process as they deem necessary. The board shall report the results of the award activities to the Director of the National Institute of Standards and Technology each year, along with its recommendations for improvement of the process.
(e) Information and technology transfer program The Director of the National Institute of Standards and Technology shall ensure that all program participants receive the complete results of their audits as well as detailed explanations of all suggestions for improvements. The Director shall also provide information about the awards and the successful quality improvement strategies and programs of the award-winning participants to all participants and other appropriate groups.
(f) Funding The Secretary is authorized to seek and accept gifts from public and private sources to carry out the program under this section. If additional sums are needed to cover the full cost of the program, the Secretary shall impose fees upon the organizations applying for the award in amounts sufficient to provide such additional sums. The Director is authorized to use appropriated funds to carry out responsibilities under this chapter.
(g) Report The Secretary shall prepare and submit to the President and the Congress, within 3 years after August 20, 1987, a report on the progress, findings, and conclusions of activities conducted pursuant to this section along with recommendations for possible modifications thereof.
(Pub. L. 96480, § 17, formerly § 16, as added Pub. L. 100107, § 3(a), Aug. 20, 1987, 101 Stat. 725; renumbered § 17 and amended Pub. L. 100418, title V, §§ 5115(b)(2)(A), 5122(a)(1), Aug. 23, 1988, 102 Stat. 1433, 1438; Pub. L. 102245, title III, § 305, Feb. 14, 1992, 106 Stat. 20; Pub. L. 105309, § 3, Oct. 30, 1998, 112 Stat. 2935; Pub. L. 108320, § 1, Oct. 5, 2004, 118 Stat. 1213; Pub. L. 11069, title III, § 3010, Aug. 9, 2007, 121 Stat. 592; Pub. L. 117167, div. B, title II, § 10246(b)(1), Aug. 9, 2022, 136 Stat. 1492.)
## Notes
Editorial Notes
Amendments2022—Subsec. (c)(1)(D), (E). Pub. L. 117167, § 10246(b)(1)(A), realigned margin. Subsec. (c)(1)(G). Pub. L. 117167, § 10246(b)(1)(B), added subpar. (G). 2007—Subsec. (c)(3). Pub. L. 11069 amended par. (3) generally. Prior to amendment, par. (3) read as follows: “Not more than two awards may be made within any subcategory in any year, unless the Secretary determines that a third award is merited and can be given at no additional cost to the Federal Government (and no award shall be made within any category or subcategory if there are no qualifying enterprises in that category or subcategory).” 2004—Subsec. (c)(1)(F). Pub. L. 108320 added subpar. (F). 1998—Subsec. (c)(1)(D), (E). Pub. L. 105309, § 3(b), added subpars. (D) and (E). Subsec. (c)(3). Pub. L. 105309, § 3(a), inserted “, unless the Secretary determines that a third award is merited and can be given at no additional cost to the Federal Government” after “in any year”. 1992—Subsec. (f). Pub. L. 102245 inserted at end “The Director is authorized to use appropriated funds to carry out responsibilities under this chapter.” 1988—Subsecs. (d), (e). Pub. L. 100418, § 5115(b)(2)(A), substituted “National Institute of Standards and Technology” for “National Bureau of Standards” wherever appearing.
Statutory Notes and Related Subsidiaries
Findings and PurposesPub. L. 100107, § 2, Aug. 20, 1987, 101 Stat. 724, provided that: “(a) Findings.—The Congress finds and declares that—“(1) the leadership of the United States in product and process quality has been challenged strongly (and sometimes successfully) by foreign competition, and our Nations productivity growth has improved less than our competitors over the last two decades; “(2) American business and industry are beginning to understand that poor quality costs companies as much as 20 percent of sales revenues nationally, and that improved quality of goods and services goes hand in hand with improved productivity, lower costs, and increased profitability; “(3) strategic planning for quality and quality improvement programs, through a commitment to excellence in manufacturing and services, are becoming more and more essential to the well-being of our Nations economy and our ability to compete effectively in the global marketplace; “(4) improved management understanding of the factory floor, worker involvement in quality, and greater emphasis on statistical process control can lead to dramatic improvements in the cost and quality of manufactured products; “(5) the concept of quality improvement is directly applicable to small companies as well as large, to service industries as well as manufacturing, and to the public sector as well as private enterprise; “(6) in order to be successful, quality improvement programs must be management-led and customer-oriented and this may require fundamental changes in the way companies and agencies do business; “(7) several major industrial nations have successfully coupled rigorous private sector quality audits with national awards giving special recognition to those enterprises the audits identify as the very best; and “(8) a national quality award program of this kind in the United States would help improve quality and productivity by—“(A) helping to stimulate American companies to improve quality and productivity for the pride of recognition while obtaining a competitive edge through increased profits, “(B) recognizing the achievements of those companies which improve the quality of their goods and services and providing an example to others, “(C) establishing guidelines and criteria that can be used by business, industrial, governmental, and other organizations in evaluating their own quality improvement efforts, and “(D) providing specific guidance for other American organizations that wish to learn how to manage for high quality by making available detailed information on how winning organizations were able to change their cultures and achieve eminence. “(b) Purpose.—It is the purpose of this Act [enacting this section, amending section 3708 of this title, and enacting provisions set out as a note under section 3701 of this title] to provide for the establishment and conduct of a national quality improvement program under which (1) awards are given to selected companies and other organizations in the United States that practice effective quality management and as a result make significant improvements in the quality of their goods and services, and (2) information is disseminated about the successful strategies and programs.”
@@ -0,0 +1,41 @@
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# 15 U.S.C. § 3711b - Conference on advanced automotive technologies
## Text
Not later than 180 days after December 18, 1991, the Secretary of Commerce, through the Under Secretary of Commerce for Technology, in consultation with other appropriate officials, shall convene a conference of domestic motor vehicle manufacturers, parts suppliers, Federal laboratories, and motor vehicle users to explore ways in which cooperatively they can improve the competitiveness of the United States motor vehicle industry by developing new technologies which will enhance the safety and energy savings, and lessen the environmental impact of domestic motor vehicles, and the results of such conference shall be published and then submitted to the President and to the Committees on Science, Space, and Technology and Public Works and Transportation of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.
(Pub. L. 96480, § 18, as added Pub. L. 102240, title VI, § 6019, Dec. 18, 1991, 105 Stat. 2183.)
## Notes
Statutory Notes and Related Subsidiaries
Change of Name Committee on Public Works and Transportation of House of Representatives treated as referring to Committee on Transportation and Infrastructure of House of Representatives by section 1(a) of Pub. L. 10414, set out as a note preceding section 21 of Title 2.
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# 15 U.S.C. § 3711c - Advanced motor vehicle research award
## Text
(a) Establishment There is established a National Award for the Advancement of Motor Vehicle Research and Development. The award shall consist of a medal, and a cash prize if funding is available for the prize under subsection (c). The medal shall be of such design and materials and bear inscriptions as is determined by the Secretary of Transportation.
(b) Making and presenting award The Secretary of Transportation shall periodically make and present the award to domestic motor vehicle manufacturers, suppliers, or Federal laboratory personnel who, in the opinion of the Secretary of Transportation, have substantially improved domestic motor vehicle research and development in safety, energy savings, or environmental impact. No person may receive the award more than once every 5 years.
(c) Funding for award The Secretary of Transportation may seek and accept gifts of money from private sources for the purpose of making cash prize awards under this section. Such money may be used only for that purpose, and only such money may be used for that purpose.
(Pub. L. 96480, § 19, as added Pub. L. 102240, title VI, § 6019, Dec. 18, 1991, 105 Stat. 2184.)
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# 15 U.S.C. § 3712 - Personnel exchanges
## Text
The Secretary, the Secretary of Energy, and the Director of the National Science Foundation, jointly, shall establish a program to foster the exchange of scientific and technical personnel among academia, industry, and Federal laboratories. Such program shall include both (1) federally supported exchanges and (2) efforts to stimulate exchanges without Federal funding.
(Pub. L. 96480, § 20, formerly § 13, Oct. 21, 1980, 94 Stat. 2320; renumbered § 17, Pub. L. 99502, § 2, Oct. 20, 1986, 100 Stat. 1785; renumbered § 16, Pub. L. 99502, § 9(e)(1), Oct. 20, 1986, 100 Stat. 1797; renumbered § 17, Pub. L. 100107, § 3(a), Aug. 20, 1987, 101 Stat. 725; renumbered § 18, Pub. L. 100418, title V, § 5122(a)(1), Aug. 23, 1988, 102 Stat. 1438; renumbered § 20, Pub. L. 102240, title VI, § 6019, Dec. 18, 1991, 105 Stat. 2183; Pub. L. 10958, title X, § 1009(c), Aug. 8, 2005, 119 Stat. 936.)
## Notes
Editorial Notes
Amendments2005—Pub. L. 10958 substituted “, the Secretary of Energy, and the Director of the National Science Foundation” for “and the National Science Foundation”.
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# 15 U.S.C. § 3713 - Authorization of appropriations
## Text
(a) (1) There is authorized to be appropriated to the Secretary for the purposes of carrying out sections 3710(g) and 3711 of this title not to exceed $3,400,000 for the fiscal year ending September 30, 1988.
(2) Of the amount authorized under paragraph (1) of this subsection, $2,400,000 is authorized only for the Office of Productivity, Technology, and Innovation; and $500,000 is authorized only for the patent licensing activities of the National Technical Information Service.
(b) In addition to the authorization of appropriations provided under subsection (a) of this section, there is authorized to be appropriated to the Secretary for the purposes of carrying out section 3704a of this title not to exceed $500,000 for the fiscal year ending September 30, 1988, $1,000,000 for the fiscal year ending September 30, 1989, and $1,500,000 for the fiscal year ending September 30, 1990.
(c) Such sums as may be appropriated under subsections (a) and (b) shall remain available until expended.
(d) To enable the National Science Foundation to carry out its powers and duties under this chapter only such sums may be appropriated as the Congress may authorize by law.
(Pub. L. 96480, § 21, formerly § 14, Oct. 21, 1980, 94 Stat. 2320; renumbered § 18, Pub. L. 99502, § 2, Oct. 20, 1986, 100 Stat. 1785; renumbered § 17, Pub. L. 99502, § 9(e)(1), Oct. 20, 1986, 100 Stat. 1797; renumbered § 18, Pub. L. 100107, § 3(a), Aug. 20, 1987, 101 Stat. 725; renumbered § 19 and amended Pub. L. 100418, title V, §§ 5122(a)(1), 5152, Aug. 23, 1988, 102 Stat. 1438, 1449; renumbered § 21, Pub. L. 102240, title VI, § 6019, Dec. 18, 1991, 105 Stat. 2183; Pub. L. 11069, title III, § 3002(c)(5), Aug. 9, 2007, 121 Stat. 586.)
## Notes
Editorial Notes
Amendments2007—Subsec. (a)(1). Pub. L. 11069, § 3002(c)(5)(A), substituted “sections 3710(g) and 3711” for “sections 3704, 3710(g), and 3711”. Subsec. (a)(2). Pub. L. 11069, § 3002(c)(5)(B), struck out “$500,000 is authorized only for the purpose of carrying out the requirements of the Japanese technical literature program established under section 3704(d) of this title;” after “Innovation;”. 1988—Subsec. (a). Pub. L. 100418, § 5152, amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “There is authorized to be appropriated to the Secretary for purposes of carrying out section 3705 of this title, not to exceed $19,000,000 for the fiscal year ending September 30, 1981, $40,000,000 for fiscal year ending September 30, 1982, $50,000,000 for the fiscal year ending September 30, 1983, and $60,000,000 for each of the fiscal years ending September 30, 1984, and 1985.” Subsec. (b). Pub. L. 100418, § 5152, amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “In addition to authorizations of appropriations under subsection (a) of this section, there is authorized to be appropriated to the Secretary for purposes of carrying out the provisions of this chapter, not to exceed $5,000,000 for the fiscal year ending September 30, 1981, $9,000,000 for the fiscal year ending September 30, 1982, and $14,000,000 for each of the fiscal years ending September 30, 1983, 1984, and 1985.”
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# 15 U.S.C. § 3714 - Spending authority
## Text
No payments shall be made or contracts shall be entered into pursuant to the provisions of this chapter (other than sections 3710a, 3710b, and 3710c of this title) except to such extent or in such amounts as are provided in advance in appropriation Acts.
(Pub. L. 96480, § 22, formerly § 15, Oct. 21, 1980, 94 Stat. 2320; renumbered § 19, Pub. L. 99502, § 2, Oct. 20, 1986, 100 Stat. 1785; renumbered § 18, and amended Pub. L. 99502, § 9(b)(13), (e)(1), (4), Oct. 20, 1986, 100 Stat. 1796, 1797; renumbered § 19, Pub. L. 100107, § 3(a), Aug. 20, 1987, 101 Stat. 725; renumbered § 20, Pub. L. 100418, title V, § 5122(a)(1), Aug. 23, 1988, 102 Stat. 1438; renumbered § 22, Pub. L. 102240, title VI, § 6019, Dec. 18, 1991, 105 Stat. 2183; Pub. L. 106404, § 7(8), Nov. 1, 2000, 114 Stat. 1746.)
## Notes
Editorial Notes
Amendments2000—Pub. L. 106404 made technical amendments to references in original act which appear in text as references to sections 3710a, 3710b, and 3710c of this title. 1986—Pub. L. 99502, § 9(e)(4), made technical amendment to references to sections 3710a, 3710b, and 3710c of this title to reflect renumbering of corresponding sections of original act. Pub. L. 99502, § 9(b)(13), inserted exception relating to sections 3710a, 3710b, and 3710c of this title.
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# 15 U.S.C. § 3715 - Use of partnership intermediaries
## Text
(a) Authority Subject to the approval of the Secretary or head of the affected department or agency, the Director of a Federal laboratory, or in the case of a federally funded research and development center that is not a laboratory (as defined in section 3710a(d)(2) of this title), the Federal employee who is the contract officer, may—
(1) enter into a contract or memorandum of understanding with a partnership intermediary that provides for the partnership intermediary to perform services for the Federal laboratory that increase the likelihood of success in the conduct of cooperative or joint activities of such Federal laboratory with small business firms, institutions of higher education as defined in section 1141(a) 11 See References in Text note below. of title 20, or educational institutions within the meaning of section 2194 of title 10; and
(2) pay the Federal costs of such contract or memorandum of understanding out of funds available for the support of the technology transfer function pursuant to section 3710(b) of this title.
(b) Omitted
(c) “Partnership intermediary” defined For purposes of this section, the term “partnership intermediary” means an agency of a State or local government, or a nonprofit entity owned in whole or in part by, chartered by, funded in whole or in part by, or operated in whole or in part by or on behalf of a State or local government, that assists, counsels, advises, evaluates, or otherwise cooperates with small business firms, institutions of higher education as defined in section 1141(a) 1 of title 20, or educational institutions within the meaning of section 2194 of title 10, that need or can make demonstrably productive use of technology-related assistance from a Federal laboratory, including State programs receiving funds under cooperative agreements entered into under section 5121(b) of the Omnibus Trade and Competitiveness Act of 1988 (15 U.S.C. 278l note).
(Pub. L. 96480, § 23, formerly § 21, as added Pub. L. 101510, div. A, title VIII, § 827(a), Nov. 5, 1990, 104 Stat. 1606; amended Pub. L. 102190, div. A, title VIII, § 836, Dec. 5, 1991, 105 Stat. 1448; renumbered § 23, Pub. L. 102240, title VI, § 6019, Dec. 18, 1991, 105 Stat. 2183; Pub. L. 106404, § 9, Nov. 1, 2000, 114 Stat. 1747.)
## Notes
Editorial Notes
References in TextSection 1141(a) of title 20, referred to in subsecs. (a)(1) and (c), was repealed by Pub. L. 105244, § 3, title I, § 101(b), title VII, § 702, Oct. 7, 1998, 112 Stat. 1585, 1616, 1803, effective Oct. 1, 1998. However, the term “institution of higher education” is defined in section 1001 of Title 20, Education.
Codification Subsec. (b) of this section, which required the Secretary to include in each triennial report required under section 3704d of this title a discussion and evaluation of activities carried out pursuant to this section, was omitted because of the termination of the triennial reporting requirement. See Codification note set out after section 3704a of this title.
Amendments2000—Subsec. (a)(1). Pub. L. 106404, § 9(1), inserted “, institutions of higher education as defined in section 1141(a) of title 20, or educational institutions within the meaning of section 2194 of title 10” after “small business firms”. Subsec. (c). Pub. L. 106404, § 9(2), inserted “, institutions of higher education as defined in section 1141(a) of title 20, or educational institutions within the meaning of section 2194 of title 10,” after “small business firms”. 1991—Subsec. (a). Pub. L. 102190 inserted “that is not a laboratory (as defined in section 3710a(d)(2) of this title)” after “center” in introductory provisions.
Statutory Notes and Related Subsidiaries
Participation in Programs Promoting Research, Development, Demonstration, or Transfer of TechnologyPub. L. 103337, div. A, title II, § 217(f), Oct. 5, 1994, 108 Stat. 2695, as amended by Pub. L. 105261, div. C, title XXXI, § 3136, Oct. 17, 1998, 112 Stat. 2248; Pub. L. 11184, div. A, title II, § 254, Oct. 28, 2009, 123 Stat. 2243, provided that: “(1)(A) A federally funded research and development center of the Department of Defense, of the National Aeronautics and Space Administration, or of the Department of Energy that functions primarily as a research laboratory may respond to solicitations and announcements under programs authorized by the Federal Government for the purpose of promoting the research, development, demonstration, or transfer of technology in a manner consistent with the terms and conditions of such program. “(B) A federally funded research and development center of the Department of Energy described in subparagraph (A) may respond to solicitations and announcements described in that subparagraph only for activities conducted by the center under contract with or on behalf of the Department of Defense. “(C) A federally funded research and development center of the National Aeronautics and Space Administration that functions primarily as a research laboratory may respond to broad agency announcements under programs authorized by the Federal Government for the purpose of promoting the research, development, demonstration, or transfer of technology in a manner consistent with the terms and conditions of such program. “(2) A federally funded research and development center described in paragraph (1)(A) that responds to a solicitation or announcement described in such paragraph shall not be considered to be engaging in a competitive procedure and may use, among other authorities, cooperative research and development agreements provided for under section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a)) [sic] as the instruments of participation in the solicitation or announcement.”
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# 15 U.S.C. § 3716 - Critical industries
## Text
(a) Identification of industries and development of plan The Secretary shall—
(1) identify those civilian industries in the United States that are necessary to support a robust manufacturing infrastructure and critical to the economic security of the United States; and
(2) list the major research and development initiatives being undertaken, and the substantial investments being made, by the Federal Government, including its research laboratories, in each of the critical industries identified under paragraph (1).
(b) Initial report The Secretary shall submit a report to the Congress within 1 year after February 14, 1992, on the actions taken under subsection (a).
(Pub. L. 102245, title V, § 504, Feb. 14, 1992, 106 Stat. 24.)
## Notes
Editorial Notes
Codification Subsec. (c) of this section, which required the Secretary to annually submit to Congress an update of the report submitted under subsec. (b) of this section, terminated, effective May 15, 2000, pursuant to section 3003 of Pub. L. 10466, as amended, set out as a note under section 1113 of Title 31, Money and Finance. See, also, page 52 of House Document No. 1037. Section was enacted as part of the American Technology Preeminence Act of 1991, and not as part of the Stevenson-Wydler Technology Innovation Act of 1980 which comprises this chapter.
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# 15 U.S.C. § 3717 - National Quality Council
## Text
(a) Establishment and functions There is established a National Quality Council (hereafter in this section referred to as the “Council”). The functions of the Council shall be—
(1) to establish national goals and priorities for Quality performance in business, education, government, and all other sectors of the Nation;
(2) to encourage and support the voluntary adoption of these goals and priorities by companies, unions, professional and business associations, coalition groups, and units of government, as well as private and nonprofit organizations;
(3) to arouse and maintain the interest of the people of the United States in Quality performance, and to encourage the adoption and institution of Quality performance methods by all corporations, government agencies, and other organizations; and
(4) to conduct a White House Conference on Quality Performance in the American Workplace that would bring together in a single forum national leaders in business, labor, education, professional societies, the media, government, and politics to address Quality performance as a means of improving United States competitiveness.
(b) Membership The Council shall consist of not less than 17 or more than 20 members, appointed by the Secretary. Members shall include—
(1) at least 2 but not more than 3 representatives from manufacturing industry;
(2) at least 2 but not more than 3 representatives from service industry;
(3) at least 2 but not more than 3 representatives from national Quality not-for-profit organizations;
(4) two representatives from education, one with expertise in elementary and secondary education, and one with expertise in post-secondary education;
(5) one representative from labor;
(6) one representative from professional societies;
(7) one representative each from local and State government;
(8) one representative from the Federal Quality Institute;
(9) one representative from the National Institute of Standards and Technology;
(10) one representative from the Department of Defense;
(11) one representative from a civilian Federal agency not otherwise represented on the Council, to be rotated among such agencies every 2 years; and
(12) one representative from the Foundation for the Malcolm Baldrige National Quality Award.
(c) Terms The term of office of each member of the Council appointed under paragraphs (1) through (7) of subsection (b) shall be 2 years, except that when making the initial appointments under such paragraphs; the Secretary shall appoint not more than 50 percent of the members to 1 year terms. No member appointed under such paragraphs shall serve on the Council for more than 2 consecutive terms.
(d) Chairman and Vice Chairman The Secretary shall designate one of the members initially appointed to the Council as Chairman. Thereafter, the members of the Council shall annually elect one of their number as Chairman. The members of the Council shall also annually elect one of their members as Vice Chairman. No individual shall serve as Chairman or Vice Chairman for more than 2 consecutive years.
(e) Executive Director and employees The Council shall appoint and fix the compensation of an Executive Director, who shall hire and fix the compensation of such additional employees as may be necessary to assist the Council in carrying out its functions. In hiring such additional employees, the Executive Director shall ensure that no individual hired has a conflict of interest with the responsibilities of the Council.
(f) Funding There is established in the Treasury of the United States a National Quality Performance Trust Fund, into which all funds received by the Council, through private donations or otherwise, shall be deposited. Amounts in such Trust Fund shall be available to the Council, to the extent provided in advance in appropriations Acts, for the purpose of carrying out the functions of the Council under this Act.
(g) Contributions The Council may not accept private donations from a single source in excess of $25,000 per year. Private donations from a single source in excess of $10,000 per year may be accepted by the Council only on approval of two-thirds of the Council.
(h) Annual report The Council shall annually submit to the President and the Congress a comprehensive and detailed report on—
(1) the progress in meeting the goals and priorities established by the Council;
(2) the Councils operations, activities, and financial condition;
(3) contributions to the Council from non-Federal sources;
(4) plans for the Councils operations and activities for the future; and
(5) any other information or recommendations the Council considers appropriate.
(Pub. L. 102245, title V, § 507, Feb. 14, 1992, 106 Stat. 27.)
## Notes
Editorial Notes
References in TextThis Act, referred to in subsec. (f), is Pub. L. 102245, Feb. 14, 1992, 106 Stat. 7, known as the American Technology Preeminence Act of 1991. For complete classification of this Act to the Code, see Short Title of 1992 Amendment note set out under section 3701 of this title and Tables.
Codification Section was enacted as part of the American Technology Preeminence Act of 1991, and not as part of the Stevenson-Wydler Technology Innovation Act of 1980 which comprises this chapter.
Statutory Notes and Related Subsidiaries
Termination of Reporting RequirementsFor termination, effective May 15, 2000, of provisions in subsec. (h) of this section relating to annually submitting a report to Congress, see section 3003 of Pub. L. 10466, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and page 184 of House Document No. 1037.
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# 15 U.S.C. § 3718 - Presidents Council on Innovation and Competitiveness
## Text
(a) In general The President shall establish a Presidents Council on Innovation and Competitiveness.
(b) Duties The duties of the Council shall include—
(1) monitoring implementation of public laws and initiatives for promoting innovation, including policies related to research funding, taxation, immigration, trade, and education that are proposed in this Act or in any other Act;
(2) providing advice to the President with respect to global trends in competitiveness and innovation and allocation of Federal resources in education, job training, and technology research and development considering such global trends in competitiveness and innovation;
(3) in consultation with the Director of the Office of Management and Budget, developing a process for using metrics to assess the impact of existing and proposed policies and rules that affect innovation capabilities in the United States;
(4) identifying opportunities and making recommendations for the heads of executive agencies to improve innovation, monitoring, and reporting on the implementation of such recommendations;
(5) developing metrics for measuring the progress of the Federal Government with respect to improving conditions for innovation, including through talent development, investment, and infrastructure improvements; and
(6) submitting to the President and Congress an annual report on such progress.
(c) Membership and coordination (1) Membership The Council shall be composed of the Secretary or head of each of the following:
(A) The Department of Commerce.
(B) The Department of Defense.
(C) The Department of Education.
(D) The Department of Energy.
(E) The Department of Health and Human Services.
(F) The Department of Homeland Security.
(G) The Department of Labor.
(H) The Department of the Treasury.
(I) The National Aeronautics and Space Administration.
(J) The Securities and Exchange Commission.
(K) The National Science Foundation.
(L) The Office of the United States Trade Representative.
(M) The Office of Management and Budget.
(N) The Office of Science and Technology Policy.
(O) The Environmental Protection Agency.
(P) The Small Business Administration.
(Q) Any other department or agency designated by the President.
(2) Chairperson The Secretary of Commerce shall serve as Chairperson of the Council.
(3) Coordination The Chairperson of the Council shall ensure appropriate coordination between the Council and the National Economic Council, the National Security Council, and the National Science and Technology Council.
(4) Meetings The Council shall meet on a semi-annual basis at the call of the Chairperson and the initial meeting of the Council shall occur not later than 6 months after August 9, 2007.
(d) Development of innovation agenda (1) In general The Council shall develop a comprehensive agenda for strengthening the innovation and competitiveness capabilities of the Federal Government, State governments, academia, and the private sector in the United States.
(2) Contents The comprehensive agenda required by paragraph (1) shall include the following:
(A) An assessment of current strengths and weaknesses of the United States investment in research and development.
(B) Recommendations for addressing weaknesses and maintaining the United States as a world leader in research and development and technological innovation, including strategies for increasing the participation of individuals identified in section 1885a or 1885b of title 42 in science, technology, engineering, and mathematics fields.
(C) Recommendations for strengthening the innovation and competitiveness capabilities of the Federal Government, State governments, academia, and the private sector in the United States.
(3) Advisors (A) Recommendation Not later than 30 days after August 9, 2007, the National Academy of Sciences, in consultation with the National Academy of Engineering, the Institute of Medicine, and the National Research Council, shall develop and submit to the President a list of 50 individuals that are recommended to serve as advisors to the Council during the development of the comprehensive agenda required by paragraph (1). The list of advisors shall include appropriate representatives from the following:
(i) The private sector of the economy.
(ii) Labor.
(iii) Various fields including information technology, energy, engineering, high-technology manufacturing, health care, and education.
(iv) Scientific organizations.
(v) Academic organizations and other nongovernmental organizations working in the area of science or technology.
(vi) Nongovernmental organizations, such as professional organizations, that represent individuals identified in section 1885a or 1885b of title 42 in the areas of science, engineering, technology, and mathematics.
(B) Designation Not later than 30 days after the date that the National Academy of Sciences submits the list of recommended individuals to serve as advisors, the President shall designate 50 individuals to serve as advisors to the Council.
(C) Requirement to consult The Council shall develop the comprehensive agenda required by paragraph (1) in consultation with the advisors.
(4) Initial submission and updates (A) Initial submission Not later than 1 year after August 9, 2007, the Council shall submit to Congress and the President the comprehensive agenda required by paragraph (1).
(B) Updates At least once every 2 years, the Council shall update the comprehensive agenda required by paragraph (1) and submit each such update to Congress and the President.
(e) Optional assignment Notwithstanding subsection (a) and paragraphs (1) and (2) of subsection (c), the President may designate an existing council to carry out the requirements of this section.
(Pub. L. 11069, title I, § 1006, Aug. 9, 2007, 121 Stat. 578.)
## Notes
Editorial Notes
Codification Section was enacted as part of the America Creating Opportunities to Meaningfully Promote Excellence in Technology, Education, and Science Act, also known as the America COMPETES Act, and not as part of the Stevenson-Wydler Technology Innovation Act of 1980 which comprises this chapter.
Executive Documents
Designation of the Committee on Technology of the National Science and Technology Council To Carry Out Certain Requirements of the America COMPETES Act Memorandum of the President of the United States, Apr. 10, 2008, 73 F.R. 20523, provided: Memorandum for the Director of the Office of Science and Technology Policy By the authority vested in me as President of the United States by the Constitution and the laws of the United States of America, including section 1006(e) of the America COMPETES Act (Public Law 11069) (the “Act”), I hereby designate the Committee on Technology of the National Science and Technology Council to carry out the responsibilities assigned to the Council on Innovation and Competitiveness in section 1006 of the Act. The Director of the Office of Science and Technology Policy is authorized and directed to publish this memorandum in the Federal Register. George W. Bush.
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# 15 U.S.C. § 3720 - Office of Innovation and Entrepreneurship
## Text
(a) In general The Secretary shall establish an Office of Innovation and Entrepreneurship to foster innovation and the commercialization of new technologies, products, processes, and services with the goal of promoting productivity and economic growth in the United States.
(b) Duties The Office of Innovation and Entrepreneurship shall be responsible for—
(1) developing policies to accelerate innovation and advance the commercialization of research and development, including federally funded research and development;
(2) identifying existing barriers to innovation and commercialization, including access to capital and other resources, and ways to overcome those barriers, particularly in States participating in the Experimental Program to Stimulate Competitive Research;
(3) providing access to relevant data, research, and technical assistance on innovation and commercialization;
(4) strengthening collaboration on and coordination of policies relating to innovation and commercialization, including those focused on the needs of small businesses and rural communities, within the Department of Commerce, between the Department of Commerce and other Federal agencies, and between the Department of Commerce and appropriate State government agencies and institutions, as appropriate; and
(5) any other duties as determined by the Secretary.
(c) Advisory committee The Secretary shall establish an Advisory Council on Innovation and Entrepreneurship to provide advice to the Secretary on carrying out subsection (b).
(Pub. L. 96480, § 25, as added Pub. L. 111358, title VI, § 601, Jan. 4, 2011, 124 Stat. 4026.)
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# 15 U.S.C. § 3721 - Federal loan guarantees for innovative technologies in manufacturing
## Text
(a) Establishment The Secretary shall establish a program to provide loan guarantees for obligations to small- or medium-sized manufacturers for the use or production of innovative technologies.
(b) Eligible projects A loan guarantee may be made under the program only for a project that re-equips, expands, or establishes a manufacturing facility in the United States—
(1) to use an innovative technology or an innovative process in manufacturing;
(2) to manufacture an innovative technology product or an integral component of such a product; or
(3) to commercialize an innovative product, process, or idea that was developed by research funded in whole or in part by a grant from the Federal government.
(c) Eligible borrower A loan guarantee may be made under the program only for a borrower who is a small- or medium-sized manufacturer, as determined by the Secretary under the criteria established pursuant to subsection (l).
(d) Limitation on amount A loan guarantee shall not exceed an amount equal to 80 percent of the obligation, as estimated at the time at which the loan guarantee is issued.
(e) Limitations on loan guarantee No loan guarantee shall be made unless the Secretary determines that—
(1) there is a reasonable prospect of repayment of the principal and interest on the obligation by the borrower;
(2) the amount of the obligation (when combined with amounts available to the borrower from other sources) is sufficient to carry out the project;
(3) the obligation is not subordinate to other financing;
(4) the obligation bears interest at a rate that does not exceed a level that the Secretary determines appropriate, taking into account the prevailing rate of interest in the private sector for similar loans and risks; and
(5) the term of an obligation requires full repayment over a period not to exceed the lesser of—
(A) 30 years; or
(B) 90 percent of the projected useful life, as determined by the Secretary, of the physical asset to be financed by the obligation.
(f) Defaults (1) Payment by Secretary (A) In general If a borrower defaults (as defined in regulations promulgated by the Secretary and specified in the loan guarantee) on the obligation, the holder of the loan guarantee shall have the right to demand payment of the unpaid amount from the Secretary.
(B) Payment required Within such period as may be specified in the loan guarantee or related agreements, the Secretary shall pay to the holder of the loan guarantee the unpaid interest on and unpaid principal of the obligation as to which the borrower has defaulted, unless the Secretary finds that there was no default by the borrower in the payment of interest or principal or that the default has been remedied.
(C) Forbearance Nothing in this subsection precludes any forbearance by the holder of the obligation for the benefit of the borrower which may be agreed upon by the parties to the obligation and approved by the Secretary.
(2) Subrogation (A) In general If the Secretary makes a payment under paragraph (1), the Secretary shall be subrogated to the rights, as specified in the loan guarantee, of the recipient of the payment or related agreements including, if appropriate, the authority (notwithstanding any other provision of law)—
(i) to complete, maintain, operate, lease, or otherwise dispose of any property acquired pursuant to such loan guarantee or related agreement; or
(ii) to permit the borrower, pursuant to an agreement with the Secretary, to continue to pursue the purposes of the project if the Secretary determines that such an agreement is in the public interest.
(B) Superiority of rights The rights of the Secretary, with respect to any property acquired pursuant to a loan guarantee or related agreements, shall be superior to the rights of any other person with respect to the property.
(3) Notification If the borrower defaults on an obligation, the Secretary shall notify the Attorney General of the default.
(g) Terms and conditions A loan guarantee under this section shall include such detailed terms and conditions as the Secretary determines appropriate—
(1) to protect the interests of the United States in the case of default; and
(2) to have available all the patents and technology necessary for any person selected, including the Secretary, to complete and operate the project.
(h) Consultation In establishing the terms and conditions of a loan guarantee under this section, the Secretary shall consult with the Secretary of the Treasury.
(i) Fees (1) In general The Secretary shall charge and collect fees for loan guarantees in amounts the Secretary determines are sufficient to cover applicable administrative expenses.
(2) Availability Fees collected under this subsection shall—
(A) be deposited by the Secretary into the Treasury of the United States; and
(B) remain available until expended, subject to such other conditions as are contained in annual appropriations Acts.
(3) Limitation In charging and collecting fees under paragraph (1), the Secretary shall take into consideration the amount of the obligation.
(j) Records (1) In general With respect to a loan guarantee under this section, the borrower, the lender, and any other appropriate party shall keep such records and other pertinent documents as the Secretary shall prescribe by regulation, including such records as the Secretary may require to facilitate an effective audit.
(2) Access The Secretary and the Comptroller General of the United States, or their duly authorized representatives, shall have access to records and other pertinent documents for the purpose of conducting an audit.
(k) Full faith and credit The full faith and credit of the United States is pledged to the payment of all loan guarantees issued under this section with respect to principal and interest.
(l) Regulations The Secretary shall issue final regulations before making any loan guarantees under the program. The regulations shall include—
(1) criteria that the Secretary shall use to determine eligibility for loan guarantees under this section, including—
(A) whether a borrower is a small- or medium-sized manufacturer; and
(B) whether a borrower demonstrates that a market exists for the innovative technology product, or the integral component of such a product, to be manufactured, as evidenced by written statements of interest from potential purchasers;
(2) criteria that the Secretary shall use to determine the amount of any fees charged under subsection (i), including criteria related to the amount of the obligation;
(3) policies and procedures for selecting and monitoring lenders and loan performance; and
(4) any other policies, procedures, or information necessary to implement this section.
(m) Audit (1) Annual independent audits The Secretary shall enter into an arrangement with an independent auditor for annual evaluations of the program under this section.
(2) Report The results of the independent audit under paragraph (1) shall be provided directly to the Committee on Science and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.
(n) Report to Congress Concurrent with the submission to Congress of the Presidents annual budget request in each year after January 4, 2011, the Secretary shall transmit to the Committee on Science and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report containing a summary of all activities carried out under this section.
(o) Coordination and nonduplication To the maximum extent practicable, the Secretary shall ensure that the activities carried out under this section are coordinated with, and do not duplicate the efforts of, other loan guarantee programs within the Federal Government.
(p) MEP centers The Secretary may use centers established under section 278k of this title to provide information about the program established under this section and to conduct outreach to potential borrowers, as appropriate.
(q) Minimizing risk The Secretary shall promulgate regulations and policies to carry out this section in accordance with Office of Management and Budget Circular No. A129, entitled “Policies for Federal Credit Programs and Non-Tax Receivables”, as in effect on January 4, 2011.
(r) Sense of Congress It is the sense of Congress that no loan guarantee shall be made under this section unless the borrower agrees to use a federally-approved electronic employment eligibility verification system to verify the employment eligibility of—
(1) all persons hired during the contract term by the borrower to perform employment duties within the United States; and
(2) all persons assigned by the borrower to perform work within the United States on the project.
(s) Definitions In this section:
(1) Cost The term “cost” has the meaning given such term under section 661a of title 2.
(2) Innovative process The term “innovative process” means a process that is significantly improved as compared to the process in general use in the commercial marketplace in the United States at the time the loan guarantee is issued.
(3) Innovative technology The term “innovative technology” means a technology that is significantly improved as compared to the technology in general use in the commercial marketplace in the United States at the time the loan guarantee is issued.
(4) Loan guarantee The term “loan guarantee” has the meaning given such term in section 661a of title 2. The term includes a loan guarantee commitment (as defined in section 661a of title 2).
(5) Obligation The term “obligation” means the loan or other debt obligation that is guaranteed under this section.
(6) Program The term “program” means the loan guarantee program established in subsection (a).
(t) Authorization of appropriations There are authorized to be appropriated $20,000,000 for each of fiscal years 2011 through 2013 to provide the cost of loan guarantees under this section.
(Pub. L. 96480, § 26, as added Pub. L. 111358, title VI, § 602, Jan. 4, 2011, 124 Stat. 4026; amended Pub. L. 117167, div. B, title II, § 10246(b)(2), Aug. 9, 2022, 136 Stat. 1492.)
## Notes
Editorial Notes
Amendments2022—Subsec. (m)(2), (3). Pub. L. 117167 redesignated par. (3) as (2), struck out “and the Comptroller Generals review under paragraph (2)” before “shall be provided”, and struck out former par. (2). Prior to amendment, text of par. (2) read as follows: “The Comptroller General of the United States shall conduct a biennial review of the Secretarys execution of the program under this section.”
Statutory Notes and Related Subsidiaries
Change of Name Committee on Science and Technology of House of Representatives changed to Committee on Science, Space, and Technology of House of Representatives by House Resolution No. 5, One Hundred Twelfth Congress, Jan. 5, 2011.
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# 15 U.S.C. § 3722 - Regional innovation program
## Text
(a) Definitions In this section:
(1) Eligible recipient The term “eligible recipient” means—
(A) a State;
(B) an Indian tribe;
(C) a city or other political subdivision of a State;
(D) an entity that—
(i) is a nonprofit organization, an institution of higher education, a public-private partnership, a science or research park, a Federal laboratory, a venture development organization, or an economic development organization or similar entity that is focused primarily on improving science, technology, innovation, or entrepreneurship; and
(ii) has an application submitted under subsection (c)(4) that is supported by a State or a political subdivision of a State; or
(E) a consortium of any of the entities described in subparagraphs (A) through (D).
(2) Regional innovation initiative The term “regional innovation initiative” means a geographically-bounded public or nonprofit activity or program to address issues in the local innovation systems in order to—
(A) increase the success of innovation-driven industry;
(B) strengthen the competitiveness of industry through new product innovation and new technology adoption;
(C) improve the pace of market readiness and overall commercialization of innovative research;
(D) enhance the overall innovation capacity and long-term resilience of the region;
(E) leverage the regions unique competitive strengths to stimulate innovation; and
(F) increase the number of full-time equivalent employment opportunities within innovation-based business ventures in the geographic region.
(3) State The term “State” means one of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, or any other territory or possession of the United States.
(4) Venture development organization The term “venture development organization” means a State or nonprofit organization that contributes to regional or sector-based economic prosperity by providing services for the purposes of accelerating the commercialization of research.
(b) Establishment The Secretary shall establish a regional innovation program to encourage and support the development of regional innovation strategies designed to increase innovation-driven economic opportunity within their respective regions.
(c) Regional innovation grants (1) Authorization of grants As part of the program established pursuant to subsection (b), the Secretary may award grants, on a competitive basis, to eligible recipients for activities designed to develop and support a regional innovation initiative.
(2) Permissible activities A grant awarded under this subsection shall be used for multiple activities determined appropriate by the Secretary, including—
(A) planning, technical assistance, and communication among participants of a regional innovation initiative to improve the connectedness and strategic orientation of the regional innovation initiative;
(B) attracting additional participants to a regional innovation initiative;
(C) increasing the availability and investment of private and philanthropic financing that supports innovation-based business ventures; and
(D) facilitating commercialization of products, processes, and services, including through demonstration, deployment, technology transfer, and entrepreneurial activities.
(3) Restricted activities Grants awarded under this subsection may not be used to pay for—
(A) costs related to the recruitment, inducement, or associated financial or tangible incentives that might be offered to relocate an existing business from a geographic area to another geographic area; or
(B) costs associated with offsetting revenues forgone by 1 or more taxing authorities through tax incentives, tax increment financing, special improvement districts, tax abatements for private development within designated zones or geographic areas, or other reduction in revenues resulting from tax credits affecting the geographic region of the eligible recipients.
(4) Applications (A) In general An eligible recipient shall submit an application to the Secretary at such time, in such manner, and containing such information and assurances as the Secretary may require.
(B) Components Each application submitted under subparagraph (A) shall—
(i) describe the regional innovation initiative;
(ii) indicate whether the regional innovation initiative is supported by the private sector, State and local governments, and other relevant stakeholders;
(iii) identify what activities the regional innovation initiative will undertake;
(iv) describe the expected outcomes of the regional innovation initiative and the metrics the eligible recipient will use to assess progress toward those outcomes;
(v) indicate whether the participants in the regional innovation initiative have access to, or contribute to, a well-trained workforce and other innovation assets that are critical to the successful outcomes specified in the application;
(vi) indicate whether the participants in the regional innovation initiative are capable of attracting additional funds from non-Federal sources; and
(vii) if appropriate for the activities proposed in the application, analyze the likelihood that the participants in the regional innovation initiative will be able to sustain activities after grant funds received under this subsection have been expended.
(C) Feedback The Secretary shall provide feedback to program applicants that are not awarded grants to help them improve future applications.
(D) Special considerations The Secretary shall give special consideration to—
(i) applications proposing to include workforce or training related activities in their regional innovation initiative from eligible recipients who agree to collaborate with local workforce investment area boards; and
(ii) applications from regions that contain communities negatively impacted by trade.
(5) Cost share The Secretary may not provide more than 50 percent of the total cost of any activity funded under this subsection.
(6) Outreach to rural communities The Secretary shall conduct outreach to public and private sector entities in rural communities to encourage those entities to participate in regional innovation initiatives under this subsection.
(7) Geographic distribution In conducting a competitive process, the Secretary shall avoid undue geographic concentration among any one category of States based on their predominant rural or urban character as indicated by population density.
(8) Funding The Secretary may accept funds from other Federal agencies to support grants and activities under this subsection.
(d) Regional innovation research and information program (1) In general As part of the program established pursuant to subsection (b), the Secretary shall establish a regional innovation research and information program—
(A) to gather, analyze, and disseminate information on best practices for regional innovation initiatives, including information relating to how innovation, productivity, and economic development can be maximized through such strategies;
(B) to provide technical assistance, including through the development of technical assistance guides, for the development and implementation of regional innovation initiatives;
(C) to support the development of relevant metrics and measurement standards to evaluate regional innovation initiatives, including the extent to which such strategies stimulate innovation, productivity, and economic 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 competitiveness of regional innovation initiatives;
(ii) the regional domestic product contribution, total jobs and earnings by key occupations, establishment size, nature of specialization, patents, Federal research and development spending, and other relevant information for regional innovation initiatives; and
(iii) supply chain product and service flows within and between regional innovation 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 subsection shall be made available to other Federal 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 carried 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 opportunities, on regional innovation strategies.
(B) Small businesses The Secretary shall ensure that such collaboration 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 conduct 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 programs efficacy in providing awards to geographically diverse entities;
(C) any recommendations for how the program 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 recipient completes the regional innovation initiative for which such grant was awarded, the Secretary shall submit a summary report to Congress that describes the outcome of each regional 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. 96480, § 27, as added Pub. L. 111358, title VI, § 603, Jan. 4, 2011, 124 Stat. 4030; amended Pub. L. 113235, div. B, title VII, § 705, Dec. 16, 2014, 128 Stat. 2230; Pub. L. 11692, div. A, title XVII, § 1742, Dec. 20, 2019, 133 Stat. 1837.)
## Notes
Editorial Notes
Amendments2019—Pub. L. 11692 amended section generally. Prior to amendment, section related to regional innovation program, consisting of subsecs. (a) to (g). 2014—Pub. L. 113235 amended section generally. Prior to amendment, text related to regional innovation program and consisted of subsecs. (a) to (i), including provisions relating to establishment of program, cluster grants, science and research park development grants, loan guarantees for science park infrastructure, regional innovation research and information program, interagency coordination, evaluation of program, definitions, and authorization of appropriations.
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# 15 U.S.C. § 3722a - Regional Technology and Innovation Hub Program
## Text
(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.11 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.
(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 collaborations among local, State, Tribal, and Federal government entities, institutions of higher education, the private sector, economic development organizations, labor organizations, nonprofit organizations, and community organizations that promote broad-based regional innovation initiatives;
(B) to support eligible consortia in the development and implementation of regional innovation strategies;
(C) to designate eligible consortia as regional 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 development and resilience, including in small cities and rural areas, and promote increased geographic diversity of innovation across the United States;
(iii) to promote the benefits of technology development and innovation for all Americans, including underserved communities and vulnerable communities;
(iv) to support the modernization and expansion of United States manufacturing based on advances in technology and innovation;
(v) to support domestic job creation and broad-based economic growth; and
(vi) to improve the pace of market readiness, industry maturation, and overall commercialization and domestic production 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, evaluation, analysis, and dissemination of best practices for regional development and competitiveness 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 cooperative agreements to eligible consortia under subsection (e).
(B) Strategy implementation grants or cooperative 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 consortium is a consortium that—
(1) includes 1 or more of each of the following—
(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 governments or other political subdivisions of a State, including State and local agencies, or a consortium thereof;
(C) industry or firms in relevant technology, innovation, or manufacturing sectors;
(D) economic development organizations or similar entities that are focused primarily on improving science, technology, innovation, entrepreneurship, or access to capital; and
(E) labor organizations or workforce training 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 organization (as defined in section 300.3 of title 13, Code of Federal Regulations, or successor regulation);
(B) organizations that contribute to increasing the participation of underserved populations in science, technology, innovation, and entrepreneurship;
(C) venture development organizations;
(D) organizations that promote local economic stability, high-wage domestic jobs, and broad-based economic opportunities, such as employee ownership membership associations and State or local employee ownerships and cooperative development centers, financial institutions and investment funds, including community development financial 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 22 So in original. Probably should be “20”. 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 perspectives 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 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.
(e) Strategy development grants and cooperative agreements (1) In general The Secretary shall use a competitive, merit-review process to award grants or cooperative agreements to eligible consortia for the development of regional innovation strategies.
(2) Number of recipients Subject to availability of appropriations, the Secretary shall seek to award a grant or cooperative 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 diversity and representation from communities of differing populations.
(B) Awards to small and rural communities In carrying out paragraph (1), the Secretary shall—
(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 described 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 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.
(4) Use of funds (A) Use of funds under this grant shall include—
(i) coordination of a locally defined planning processes, across jurisdictions and agencies, relating to developing a comprehensive regional technology strategy;
(ii) identification of regional partnerships for developing and implementing a comprehensive regional technology strategy;
(iii) implementation or updating of assessments to determine regional needs and capabilities;
(iv) development or updating of goals and strategies to implement an existing comprehensive regional plan;
(v) identification or implementation of planning and local zoning and other code changes necessary to implement a comprehensive 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 include the formation of a workforce development 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 workforce development strategy submitted pursuant 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 developed 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 consortia to populations underrepresented in STEM.
(5) Federal share The Federal share of the cost of an effort carried out using a grant or cooperative agreement 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-Federal share;
(B) except in the case of an eligible consortium 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 consortium 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 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 hubs 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.
(iv) Activities to provide or ensure access to capital for new business and business expansion, including by attracting new private, public, and philanthropic investment and by establishing local and regional 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 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.
(g) Applications An eligible consortium seeking designation as a regional technology and innovation hub under subsection (d) or a grant or cooperative agreement under subsection (e) or (f) shall submit to the Secretary an application therefore at such time, in such manner, and containing such information as the Secretary may specify.
(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 regions 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.
(l) Administration The Secretary may use funds made available to carry out this section for administrative costs under this section.
(Pub. L. 96480, § 28, as added Pub. L. 117167, div. B, title VI, § 10621(a)(2), Aug. 9, 2022, 136 Stat. 1642.)
## Notes
Editorial Notes
References in TextSection 3722(a) of this title, referred to in subsec. (a)(4), was in the original “section 27(a) of the Stevenson-Wydler Act of 1980” and was translated as reading “section 27(a) of the Stevenson-Wydler Technology Innovation Act of 1980”, to reflect the probable intent of Congress. Section 308 of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989, referred to in subsec. (a)(6)(A), is section 308 of Pub. L. 10173, 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 Workforce Innovation and Opportunity Act”, to reflect the probable intent of Congress. Such Act, referred to in subsec. (f)(6), is the Public Works and Economic Development Act of 1965, Pub. L. 89136, Aug. 26, 1965, 79 Stat. 552, which is classified generally to chapter 38 (§ 3121 et seq.) of Title 42, The Public 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 ProvisionsA prior section 28 of Pub. L. 96480 was renumbered section 30 and is classified to section 3723 of this title.
Statutory Notes and Related Subsidiaries
Initial Designations and AwardsPub. L. 117167, 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 innovation hub designated pursuant to subparagraph (A) of this paragraph.”
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# 15 U.S.C. § 3722b - Distressed area Recompete Pilot Program
## Text
(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 eligible areas.
(b) Strategy development grants and cooperative agreements Subject to available appropriations, the Secretary is authorized, on the application of an eligible 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 develop a recompete plan and carry out related predevelopment activities.
(c) Strategy implementation grants and cooperative agreements Subject to available appropriations and subsection (f), the Secretary shall award, on the application 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 Secretary. 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 carried 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 underemployed neighborhoods; and
(C) programs to embed job placement and training services in neighborhood institutions 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 described in such section, or the provision of business advice and assistance to small and medium-sized local businesses and entrepreneurs. Such advice and assistance may include—
(A) manufacturing extension services;
(B) small business development centers;
(C) centers to help businesses bid for Federal procurement contracts;
(D) entrepreneurial assistance programs that link entrepreneurs with available public 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 infrastructure 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 operation 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 evaluation.
(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 appropriate for the proposed activities but not less than 2 years.
(2) Subsequent performance period The Secretary may renew a grant or cooperative agreement awarded under subsection (c) for such period, such amount, and such terms as the Secretary considers appropriate, if the Secretary determines that the recipient of an award under subsection (c) has made satisfactory progress towards metrics or benchmarking requirements established by the Secretary at time of award.
(3) Flexible approach In renewing a grant or cooperative agreement under subsection (c), the Secretary may approve new or additional uses of funds, consistent 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 described in subsection (b) and 1 grant or cooperative agreement described in subsection (c), provided that a renewal described in subsection (d)(2) shall not constitute an additional grant.
(2) Limitation on recipients For purposes of the program under this section, 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 outlined in an approved recompete plan; and
(B) award not more than the product obtained by multiplying—
(i) the prime-age employment gap of the eligible area;
(ii) the prime-age population of the eligible 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 application 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 application at such time, in such manner, and containing such information as the Secretary determines to be appropriate, including a recompete plan approved by the Secretary.
(h) Relation to certain grant awards The Secretary shall not require an eligible recipient to receive a grant or cooperative agreement under subsection (b) in order to receive a grant or cooperative agreement under subsection (c).
(i) Authorization of appropriations There is authorized to be appropriated to the Secretary $1,000,000,000 to award grants and cooperative 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 Secretary 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 described in subparagraph (A);
(iii) has a median annual household income of not more than $75,000; and
(iv) meets additional criteria as the Secretary may establish.
(2) Eligible recipient The term “eligible recipient” means a specified entity that has been authorized in a manner as determined by the Secretary to represent 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) 11 So in original. Probably should be paragraph “(7)”.:
(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 government.
(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 market 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 percentage) between—
(i) the national 5-year average prime-age employment rate; and
(ii) the 5-year average prime-age employment rate of the eligible area.
(B) Calculation For the purposes of subparagraph (A), an individual is prime-age if such individual between the ages of 25 years and 54 years.
(6) Recompete plan The term “recompete plan” means a comprehensive 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 comprehensive manner that promotes long-term, sustained economic growth, lasting job creation, per capita wage increases, and reduction in the prime-age employment gap of the eligible area;
(ii) projected costs and annual expenditures 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 approval for an eligible recipient to be considered 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 direction of the Secretary, if the Secretary determines benchmarking requirements are repeatedly 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 organization, 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 entities described in this paragraph which serve or are contained within the same eligible area.
(8) Tribal land The term “Tribal land” means any land—
(A) located within the boundaries of an Indian 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 adding—
(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 multiplying—
(I) the total number of individuals ages 25 through 54 included on the membership roll of the Tribal government; and
(II) 0.35 22 So in original. Probably should be followed by a period.
(B) Use of data A calculation under subparagraph (A) shall be determined based on data provided by the applicable Tribal government to the Department of the Treasury under the Coronavirus State and Local Fiscal Recovery Fund programs under title VI of the Social Security Act (42 U.S.C. 801 et seq.).
(Pub. L. 96480, § 29, as added Pub. L. 117167, div. B, title VI, § 10621(a)(2), Aug. 9, 2022, 136 Stat. 1655.)
## Notes
Editorial Notes
References in TextThe 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 AwardPub. L. 117167, 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. 117167, set out above, see section 18901 of Title 42, The Public Health and Welfare.]
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# 15 U.S.C. § 3723 - STEM apprenticeship programs
## Text
(a) In general The Secretary of Commerce may carry out a grant program to identify the need for skilled science, technology, engineering, and mathematics (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—
(A) is a nonprofit organization, an institution of higher education, a public-private partnership, a science or research park, a Federal laboratory, or an economic development organization or similar entity; and
(B) has an application that is supported by a State, a political subdivision of a State, or a native organization; or
(5) a consortium of any of the entities described in paragraphs (1) through (5).
(c) Needs assessment grants The Secretary of Commerce may provide a grant to an eligible recipient to conduct a needs assessment to identify—
(1) the unmet need of a regions employer base for skilled STEM workers;
(2) the potential of STEM apprenticeships to address the unmet need described in paragraph (1); and
(3) any barriers to addressing the unmet need described in paragraph (1).
(d) Apprenticeship expansion grants The Secretary of Commerce may provide a grant to an eligible recipient that has conducted a needs assessment as described in subsection (c)(1) to develop infrastructure to expand STEM apprenticeship programs.
(Pub. L. 96480, § 30, formerly § 28, as added Pub. L. 114329, title III, § 312(e), Jan. 6, 2017, 130 Stat. 3014; renumbered § 30, Pub. L. 117167, div. B, title VI, § 10621(a)(1), Aug. 9, 2022, 136 Stat. 1642.)
## Notes
Statutory Notes and Related Subsidiaries
Developing STEM ApprenticeshipsPub. L. 114329, title III, § 312(a)(d), Jan. 6, 2017, 130 Stat. 3013, 3014, provided that: “(a) Findings.—Congress makes the following findings:“(1) The lack of data on the return on investment for United States employers using registered apprenticeships makes it difficult—“(A) to communicate the value of these programs to businesses; and “(B) to expand registered apprenticeships. “(2) The lack of data on the value and impact of employer-provided worker training, which is likely substantial, hinders the ability of the Federal Government to formulate policy related to workforce training. “(3) The Secretary of Commerce has initiated—“(A) the first study on the return on investment for United States employers using registered apprenticeships through case studies of firms in various sectors, occupations, and geographic locations to provide the business community with data on employer benefits and costs; and “(B) discussions with officials at relevant Federal agencies about the need to collect comprehensive data on—“(i) employer-provided worker training; and “(ii) existing tools that could be used to collect such data. “(b) Development of Apprenticeship Information.—The Secretary of Commerce shall continue to research the value to businesses of utilizing apprenticeship programs, including—“(1) evidence of return on investment of apprenticeships, including estimates for the average time it takes a business to recover the costs associated with training apprentices; and “(2) data from the United States Census Bureau and other statistical surveys on employer-provided training, including apprenticeships and other on-the-job training and industry-recognized certification programs. “(c) Dissemination of Apprenticeship Information.—The Secretary of Commerce shall disseminate findings from research on apprenticeships to businesses and other relevant stakeholders, including—“(1) institutions of higher education; “(2) State and local chambers of commerce; and “(3) workforce training organizations. “(d) New Apprenticeship Program Study.—The Secretary of Commerce may collaborate with the Secretary of Labor to study approaches for reducing the cost of creating new apprenticeship programs and hosting apprentices for businesses, particularly small businesses, including—“(1) training sharing agreements; “(2) group training models; and “(3) pooling resources and best practices.” [For definitions of “STEM” and “institution of higher education” as used in section 312(a)(d) of Pub. L. 114329, set out above, see section 2 of Pub. L. 114329, set out as a note under section 1862s of Title 42, The Public Health and Welfare.]
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title: "15 U.S.C. § 3724"
description: "Crowdsourcing and citizen science"
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title_number: 15
title_name: "COMMERCE AND TRADE"
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chapter_name: "TECHNOLOGY INNOVATION"
section: "3724"
citation: "15 U.S.C. § 3724"
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# 15 U.S.C. § 3724 - Crowdsourcing and citizen science
## Text
(a) Short title This section may be cited as the “Crowdsourcing and Citizen Science Act”.
(b) Sense of Congress It is the sense of Congress that—
(1) the authority granted to Federal agencies under the America COMPETES Reauthorization Act of 2010 (Public Law 111358; 124 Stat. 3982) to pursue the use of incentive prizes and challenges has yielded numerous benefits;
(2) crowdsourcing and citizen science projects have a number of additional unique benefits, including accelerating scientific research, increasing cost effectiveness to maximize the return on taxpayer dollars, addressing societal needs, providing hands-on learning in STEM, and connecting members of the public directly to Federal science agency missions and to each other; and
(3) granting Federal science agencies the direct, explicit authority to use crowdsourcing and citizen science will encourage its appropriate use to advance Federal science agency missions and stimulate and facilitate broader public participation in the innovation process, yielding numerous benefits to the Federal Government and citizens who participate in such projects.
(c) Definitions In this section:
(1) Citizen science The term “citizen science” means a form of open collaboration in which individuals or organizations participate voluntarily in the scientific process in various ways, including—
(A) enabling the formulation of research questions;
(B) creating and refining project design;
(C) conducting scientific experiments;
(D) collecting and analyzing data;
(E) interpreting the results of data;
(F) developing technologies and applications;
(G) making discoveries; and
(H) solving problems.
(2) Crowdsourcing The term “crowdsourcing” means a method to obtain needed services, ideas, or content by soliciting voluntary contributions from a group of individuals or organizations, especially from an online community.
(3) Participant The term “participant” means any individual or other entity that has volunteered in a crowdsourcing or citizen science project under this section.
(d) Crowdsourcing and citizen science (1) In general The head of each Federal science agency, or the heads of multiple Federal science agencies working cooperatively, may utilize crowdsourcing and citizen science to conduct projects designed to advance the mission of the respective Federal science agency or the joint mission of Federal science agencies, as applicable.
(2) Voluntary services Notwithstanding section 1342 of title 31, the head of a Federal science agency may accept, subject to regulations issued by the Director of the Office of Personnel Management, in coordination with the Director of the Office of Science and Technology Policy, services from participants under this section if such services—
(A) are performed voluntarily as a part of a crowdsourcing or citizen science project authorized under paragraph (1);
(B) are not financially compensated for their time; and
(C) will not be used to displace any employee of the Federal Government.
(3) Outreach The head of each Federal science agency engaged in a crowdsourcing or citizen science project under this section shall make public and promote such project to encourage broad participation.
(4) Consent, registration, and terms of use (A) In general Each Federal science agency shall determine the appropriate level of consent, registration, or acknowledgment of the terms of use that are required from participants in crowdsourcing or citizen science projects under this section on a per-project basis.
(B) Disclosures In seeking consent, conducting registration, or developing terms of use for a project under this subsection, a Federal science agency shall disclose the privacy, intellectual property, data ownership, compensation, service, program, and other terms of use to the participant in a clear and reasonable manner.
(C) Mode of consent A Federal agency or Federal science agencies, as applicable, may obtain consent electronically or in written form from participants under this section.
(5) Protections for human subjects Any crowdsourcing or citizen science project under this section that involves research involving human subjects shall be subject to part 46 of title 28, Code of Federal Regulations (or any successor regulation).
(6) Data (A) In general A Federal science agency shall, where appropriate and to the extent practicable, make data collected through a crowdsourcing or citizen science project under this section available to the public, in a machine readable format, unless prohibited by law.
(B) Notice As part of the consent process, the Federal science agency shall notify all participants—
(i) of the expected uses of the data compiled through the project;
(ii) if the Federal science agency will retain ownership of such data;
(iii) if and how the data and results from the project would be made available for public or third party use; and
(iv) if participants are authorized to publish such data.
(7) Technologies and applications Federal science agencies shall endeavor to make technologies, applications, code, and derivations of such intellectual property developed through a crowdsourcing or citizen science project under this section available to the public.
(8) Liability Each participant in a crowdsourcing or citizen science project under this section shall agree—
(A) to assume any and all risks associated with such participation; and
(B) to waive all claims against the Federal Government and its related entities, except for claims based on willful misconduct, for any injury, death, damage, or loss of property, revenue, or profits (whether direct, indirect, or consequential) arising from participation in the project.
(9) Research misconduct Federal science agencies coordinating crowdsourcing or citizen science projects under this section shall make all practicable efforts to ensure that participants adhere to all relevant Federal research misconduct policies and other applicable ethics policies.
(10) Multi-sector partnerships The head of each Federal science agency engaged in crowdsourcing or citizen science under this section, or the heads of multiple Federal science agencies working cooperatively, may enter into a contract or other agreement to share administrative duties for such projects with—
(A) a for profit or nonprofit private sector entity, including a private institution of higher education;
(B) a State, tribal, local, or foreign government agency, including a public institution of higher education; or
(C) a public-private partnership.
(11) Funding In carrying out crowdsourcing and citizen science projects under this section, the head of a Federal science agency, or the heads of multiple Federal science agencies working cooperatively—
(A) may use funds appropriated by Congress;
(B) may publicize projects and solicit and accept funds or in-kind support for such projects, to be available to the extent provided by appropriations Acts, from—
(i) other Federal agencies;
(ii) for profit or nonprofit private sector entities, including private institutions of higher education; or
(iii) State, tribal, local, or foreign government agencies, including public institutions of higher education; and
(C) may not give any special consideration to any entity described in subparagraph (B) in return for such funds or in-kind support.
(12) Facilitation (A) General Services Administration assistance The Administrator of the General Services Administration, in coordination with the Director of the Office of Personnel Management and the Director of the Office of Science and Technology Policy, shall, at no cost to Federal science agencies, identify and develop relevant products, training, and services to facilitate the use of crowdsourcing and citizen science projects under this section, including by specifying the appropriate contract vehicles and technology and organizational platforms to enhance the ability of Federal science agencies to carry out the projects under this section.
(B) Additional guidance The head of each Federal science agency engaged in crowdsourcing or citizen science under this section may—
(i) consult any guidance provided by the Director of the Office of Science and Technology Policy, including the Federal Crowdsourcing and Citizen Science Toolkit;
(ii) designate a coordinator for that Federal science agencys crowdsourcing and citizen science projects; and
(iii) share best practices with other Federal agencies, including participation of staff in the Federal Community of Practice for Crowdsourcing and Citizen Science.
(e) Report (1) In general Not later than 2 years after January 6, 2017, the Director of the Office of Science and Technology Policy shall include, as a component of an annual 11 So in original. As amended by Pub. L. 114329, section 3719(p) of this title requires biennial reports. report required under section 3719(p) of this title, a report on the projects and activities carried out under this section.
(2) Information included The report required under paragraph (1) shall include—
(A) a summary of each crowdsourcing and citizen science project conducted by a Federal science agency during the most recently completed 2 fiscal years, including a description of the proposed goals of each crowdsourcing and citizen science project;
(B) an analysis of why the utilization of a crowdsourcing or citizen science project summarized in subparagraph (A) was the preferable method of achieving the goals described in subparagraph (A) as opposed to other authorities available to the Federal science agency, such as contracts, grants, cooperative agreements, and prize competitions;
(C) the participation rates, submission levels, number of consents, and any other statistic that might be considered relevant in each crowdsourcing and citizen science project;
(D) a detailed description of—
(i) the resources, including personnel and funding, that were used in the execution of each crowdsourcing and citizen science project;
(ii) the project activities for which such resources were used; and
(iii) how the obligations and expenditures relating to the projects execution were allocated among the accounts of the Federal science agency, including a description of the amount and source of all funds, private, public, and in-kind, contributed to each crowdsourcing and citizen science project;
(E) a summary of the use of crowdsourcing and citizen science by all Federal science agencies, including interagency and multi-sector partnerships;
(F) a description of how each crowdsourcing and citizen science project advanced the mission of each participating Federal science agency;
(G) an identification of each crowdsourcing or citizen science project where data collected through such project was not made available to the public, including the reasons for such action; and
(H) any other information that the Director of the Office of Science and Technology Policy considers relevant.
(f) Savings provision Nothing in this section may be construed—
(1) to affect the authority to conduct crowdsourcing and citizen science authorized by any other provision of law; or
(2) to displace Federal Government resources allocated to the Federal science agencies that use crowdsourcing or citizen science authorized under this section to carry out a project.
(Pub. L. 114329, title IV, § 402, Jan. 6, 2017, 130 Stat. 3019.)
## Notes
Editorial Notes
References in TextThe America COMPETES Reauthorization Act of 2010, referred to in subsec. (b)(1), is Pub. L. 111358, Jan. 4, 2011, 124 Stat. 3982, also known as the America Creating Opportunities to Meaningfully Promote Excellence in Technology, Education, and Science Reauthorization Act of 2010. For complete classification of this Act to the Code, see Short Title of 2011 Amendment note set out under section 1861 of Title 42, The Public Health and Welfare, and Tables.
Codification Section was enacted as part of the American Innovation and Competitiveness Act, and not as part of the Stevenson-Wydler Technology Innovation Act of 1980 which comprises this chapter.
Statutory Notes and Related Subsidiaries
Definitions For definitions of terms used in this section, see section 2 of Pub. L. 114329, set out as a note under section 1862s of Title 42, The Public Health and Welfare.