[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1069 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  1st Session
                                S. 1069

  To establish the National Institute of Manufacturing, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 12, 2021

  Mr. Peters introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
  To establish the National Institute of Manufacturing, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Institute of Manufacturing 
Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Council.--The term ``Council'' means the National 
        Manufacturing Advisory Council established under section 4.
            (2) Director.--The term ``Director'' means the Director of 
        the Institute and the principal advisor to the Secretary 
        regarding manufacturing issues.
            (3) Institute.--The term ``Institute'' means the National 
        Institute of Manufacturing established under section 3.
            (4) Institution of higher education.--The term 
        ``institution of higher education'' has the meaning given the 
        term in section 102 of the Higher Education Act of 1965 (20 
        U.S.C. 1002).
            (5) Secondary school.--The term ``secondary school'' has 
        the meaning given the term in section 8101 of the Elementary 
        and Secondary Education Act of 1965 (20 U.S.C. 7801).
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of Commerce.

SEC. 3. ESTABLISHMENT OF NATIONAL INSTITUTE OF MANUFACTURING.

    (a) Establishment.--There is established in the Department of 
Commerce an institute to be known as the ``National Institute of 
Manufacturing''.
    (b) Mission.--The primary missions of the Institute are to--
            (1) ensure global leadership in advanced manufacturing 
        technologies critical to the long-term economic and national 
        security of the United States;
            (2) restore and strengthen the United States industrial 
        commons, which includes the essential skills, equipment, and 
        suppliers that provide the foundation for the innovativeness 
        and competitiveness of all United States manufacturers;
            (3) strengthen the technical, financial, and educational 
        conditions and assets necessary to ensure that the United 
        States is the best location for the creation and production of 
        advanced technologies emerging from national research and 
        development investments;
            (4) capitalize on the scientific and technological advances 
        produced by researchers and innovators in the United States by 
        developing capable and responsive institutions focused on 
        advancing the technology and manufacturing readiness levels of 
        those advances;
            (5) support the discovery, invention, scale-up, and 
        transition of new products and manufacturing technologies to 
        full-scale production in the United States;
            (6) address the evolving needs of manufacturers to find a 
        diverse set of workers with the necessary skills, training, and 
        expertise;
            (7) improve and expand manufacturing engineering and 
        technology offerings within institutions of higher education 
        and secondary schools to be more closely aligned with the needs 
        of the United States manufacturing sector and the goal of 
        strengthening the long-term competitiveness of United States 
        manufacturing; and
            (8) work collaboratively with the private sector to 
        leverage the knowledge, resources, and programs of the private 
        sector to foster manufacturing in the United States and 
        anticipate and prepare for emergencies and global, national, 
        and regional supply chain disruptions.
    (c) Functions.--In carrying out the purposes of this Act, the 
Institute shall--
            (1) convene key industry, academic, and other stakeholders 
        to identify short-, medium-, and long-term needs and priorities 
        of the manufacturing sector in the United States, including 
        emergency readiness;
            (2) monitor the status of technological developments, 
        critical production capacity, skill availability, investment 
        patterns, emerging defense needs, and other key indicators of 
        manufacturing competitiveness, such as key indicators from 
        manufacturing dealers, to guide investment decisions;
            (3) initiate and support discovery, invention, and 
        translational research in engineering and manufacturing by 
        making contracts or other arrangements, including grants, 
        awards, cooperative agreements, loans, and other forms of 
        assistance, to conduct that research and to assess the impact 
        of that research on the economic well-being, climate, and 
        national security of the United States;
            (4) administer programs that incentivize and facilitate 
        collaboration among private and public sector stakeholders in 
        United States manufacturing;
            (5) award scholarships and graduate fellowships in the 
        engineering and manufacturing disciplines;
            (6) award industrial, academic, and governmental 
        fellowships to faculty and retired manufacturing experts to 
        support the manufacturing interests of the United States;
            (7) advise United States manufacturers on international 
        trade and investment policies in international markets and 
        advise the Federal Government on how to expand business 
        opportunities for United States manufacturers in international 
        markets;
            (8) develop and assess key indicators of manufacturing 
        competitiveness, including the geographic diversity of 
        manufacturing in the United States, and provide interpretation 
        and analysis of collected data on the manufacturing sector in 
        the United States;
            (9) provide small and medium manufacturers, including new 
        startups, with financial support, including loans, counseling, 
        training, technical assistance, and advocacy; and
            (10) identify opportunities to achieve commercial-scale 
        production of emerging technologies by leveraging government 
        procurement contracts.
    (d) Director.--
            (1) In general.--There shall be a Director of the 
        Institute, who shall--
                    (A) be appointed by the President, by and with the 
                consent of the Senate;
                    (B) oversee all Institute activities;
                    (C) serve as an ex-officio member of the Council;
                    (D) make recommendations regarding, and manage, the 
                budget of the Institute; and
                    (E) advise and consult with the Secretary on all 
                policy issues relating to manufacturing.
            (2) Exercise of authority of the national institute of 
        manufacturing.--
                    (A) In general.--Except as otherwise provided, the 
                Director shall exercise all of the authority granted to 
                the Institute under this Act, including any powers and 
                functions that may be delegated to the Director by the 
                Secretary.
                    (B) Final actions.--All actions taken by the 
                Director under this Act, or under the terms of a 
                delegation described in subparagraph (A), shall be 
                final and binding upon the Institute.
            (3) Duties as director.--The Director shall--
                    (A) coordinate all activities within the Department 
                of Commerce relating to manufacturing and advise and 
                consult with the Secretary on all policy issues 
                relating to manufacturing;
                    (B) advise and consult with the Secretary on the 
                national security supply chain;
                    (C) monitor the status of technological 
                developments, critical production capacity, skill 
                availability, investment patterns, emerging defense 
                needs, and other key indicators of manufacturing 
                competitiveness to coordinate with the Chief Financial 
                Officer and Assistant Secretary for Administration of 
                the Department of Commerce in developing the annual 
                budgets for manufacturing-related programs of the 
                Department of Commerce;
                    (D) oversee and convene the Council; and
                    (E) solicit input from the public and private 
                sectors and academia regarding emerging trends in 
                manufacturing and the responsiveness of Federal 
                programming.
            (4) Term.--The Director shall serve for a term of 6 years, 
        unless removed earlier by the President.
    (e) Directorates.--Unless otherwise provided by the Director, there 
shall be within the Institute the following Directorates:
            (1) A Directorate for Technology Development, which shall--
                    (A) make competitive awards to support discovery, 
                invention, and translational research in the fields of 
                engineering and manufacturing;
                    (B) conduct prize competitions in accordance with 
                section 24 of the Stevenson-Wydler Technology 
                Innovation Act of 1980 (15 U.S.C. 3719) to stimulate 
                innovation that has the potential to advance 
                manufacturing technology;
                    (C) administer a pilot program establishing 
                translational research centers associated with 
                institutions of higher education, which will guide and 
                fund research needed to translate laboratory results to 
                testable beta prototypes and facilitate connections 
                with domestic manufacturers to scale domestic 
                production; and
                    (D) administer other programs and activities that 
                promote technology development.
            (2) A Directorate for the Industrial Commons, which shall--
                    (A) administer the Investing in Manufacturing 
                Communities Partnership;
                    (B) administer the Manufacturing USA Program 
                established under section 34 of the National Institute 
                of Standards and Technology Act (15 U.S.C. 278s); and
                    (C) administer other programs and activities that 
                promote robust manufacturing innovation ecosystems and 
                support manufacturing supply chains in the United 
                States during emergencies.
            (3) A Directorate for Education and Workforce Development, 
        which shall--
                    (A) make competitive awards for scholarships and 
                graduate fellowships;
                    (B) make competitive awards for industrial, 
                academic, and governmental fellowships to faculty and 
                retired manufacturing experts;
                    (C) make competitive awards for research, 
                development, and evaluation of innovative training 
                programs; and
                    (D) administer programs and activities that promote 
                the short-term and long-term workforce and education 
                needs of the manufacturing sector.
            (4) A Directorate for Small and Medium Manufacturers, which 
        shall--
                    (A) administer programs for loans, investment 
                capital, and surety bonds for small and medium 
                manufacturing firms;
                    (B) administer the Hollings Manufacturing Extension 
                Partnership Program established under 25 of the 
                National Institute of Standards and Technology Act (15 
                U.S.C. 278k); and
                    (C) administer other programs and activities that 
                help small and medium manufacturers prosper.
            (5) A Directorate on Trade, which shall--
                    (A) manage and oversee an Office of Manufacturer 
                Trade, which shall--
                            (i) advise manufacturers in the United 
                        States on trade;
                            (ii) advise the United States Trade 
                        Representative, the Undersecretary of Commerce 
                        for International Trade, and other entities in 
                        the Federal Government on trade to benefit 
                        manufacturers in the United States;
                            (iii) receive and solicit recommendations 
                        and feedback from manufacturers in the United 
                        States; and
                            (iv) appoint an employee of the Office to 
                        serve as a liaison between--
                                    (I) the Office; and
                                    (II)(aa) the United States Trade 
                                Representative; and
                                    (bb) the Industry Trade Advisory 
                                Committees on Aerospace Equipment, 
                                Automotive Equipment and Capital Goods, 
                                and Steel; and
                    (B) manage and oversee a United States Manufacturer 
                Trade Council, which shall--
                            (i) receive and solicit recommendations and 
                        feedback from manufacturers in the United 
                        States; and
                            (ii) in addition to voting members, be 
                        composed of ex-officio members of the Industry 
                        Trade Advisory Committees described in 
                        subparagraph (A)(iv)(II)(bb).
    (f) Authorities.--In carrying out the duties of the Director under 
this Act, the Director may--
            (1) appoint or create such advisory committees as may be 
        appropriate for purposes of consultation and advice to the 
        Institute in the performance of the functions of the Institute;
            (2) issue rules governing the manner of operations of the 
        Institute;
            (3) make expenditures necessary for administering the 
        provisions in this Act;
            (4) enter into contracts or other arrangements with 
        organizations and individuals in the United States and foreign 
        countries as the Director determines necessary to carry out the 
        functions of the Institute;
            (5) award scholarships and fellowships to citizens of the 
        United States for the purpose of study or scientific work in 
        manufacturing;
            (6) acquire, construct, hold, and dispose of real and 
        personal property as the Director determines necessary; and
            (7) accept unconditional gifts or donations of services, 
        money, or property.
    (g) Advisory Committees.--The Institute shall manage and oversee 
the following advisory committees:
            (1) The Council.
            (2) The Manufacturing Extension Partnership Advisory Board 
        established under section 25(m) of the National Institute of 
        Standards and Technology Act (15 U.S.C. 278k(m)).
            (3) The Materials Processing Equipment Technical Advisory 
        Committee.
    (h) Patent Rights.--
            (1) In general.--Each contract entered into by the Director 
        shall contain provisions governing the disposition of 
        inventions produced under the contract.
            (2) Prohibition.--No officer or employee of the Institute 
        may acquire or transfer any rights under the patent laws of the 
        United States for any invention achieved in performing the 
        assigned activities of the officer or employee.
    (i) Transfer of Functions and Technical and Conforming 
Amendments.--
            (1) Investing in manufacturing communities partnership.--
                    (A) Transfer of functions.--All functions of the 
                Investing in Manufacturing Communities Partnership of 
                the Department of Commerce, including the personnel, 
                assets, and obligations of the Investing in 
                Manufacturing Communities Partnership of the Department 
                of Commerce, as in existence on the day before the date 
                of enactment of this Act, shall be transferred to the 
                Institute.
                    (B) Deeming of name.--Any reference in any law, 
                regulation, document, paper, or other record of the 
                United States to the Investing in Manufacturing 
                Communities Partnership of the Department of Commerce 
                shall be deemed a reference to the Investing in 
                Manufacturing Communities Partnership of the Institute.
                    (C) Unexpended balances.--Unexpended balances of 
                appropriations, authorization, allocations, or other 
                funds related to the Investing in Manufacturing 
                Communities Partnership of the Department of Commerce 
                shall be available for use by the Institute for 
                purposes for which the appropriations, authorizations, 
                allocations, or other funds were originally made 
                available.
            (2) Manufacturing usa program.--
                    (A) Transfer of functions.--All functions of the 
                Manufacturing USA Program carried out by the National 
                Office of the Manufacturing USA Network of the National 
                Institute of Standards and Technology, including the 
                personnel, assets, and obligations carried out by that 
                National Office, as in existence on the day before the 
                date of enactment of this Act, shall be transferred to 
                the Directorate for the Industrial Commons of the 
                Institute.
                    (B) Deeming of name.--Any reference in any law, 
                regulation, document, paper, or other record of the 
                United States to the Manufacturing USA Program carried 
                out by the National Office of the Manufacturing USA 
                Network of the National Institute of Standards and 
                Technology shall be deemed a reference to the 
                Manufacturing USA Program carried out by the 
                Directorate for the Industrial Commons of the 
                Institute.
                    (C) Unexpended balances.--Unexpended balances of 
                appropriations, authorization, allocations, or other 
                funds related to the Manufacturing USA Program carried 
                out by the National Office of the Manufacturing USA 
                Network of the National Institute of Standards and 
                Technology shall be available for use by the Institute 
                for purposes for which the appropriations, 
                authorizations, allocations, or other funds were 
                originally made available.
                    (D) Technical and conforming amendments.--Section 
                34 of the National Institute of Standards and 
                Technology Act (15 U.S.C. 278s) is amended--
                            (i) in subsection (a)--
                                    (I) by redesignating paragraph (2) 
                                as paragraph (3); and
                                    (II) by inserting after paragraph 
                                (1) the following:
            ``(2) Manufacturing director.--The term `Manufacturing 
        Director' means the Director of the National Institute of 
        Manufacturing.'';
                            (ii) in subsection (b)--
                                    (I) in paragraph (1), by striking 
                                ``The Secretary shall establish within 
                                the Institute'' and inserting ``There 
                                is within the National Institute of 
                                Manufacturing'';
                                    (II) in paragraph (3), in the 
                                matter preceding subparagraph (A), by 
                                striking ``The Secretary, acting 
                                through the Director'' and inserting 
                                ``The Manufacturing Director, acting 
                                through the Directorate for the 
                                Industrial Commons of the National 
                                Institute of Manufacturing''; and
                                    (III) in paragraph (4)--
                                            (aa) in the paragraph 
                                        heading, by inserting 
                                        ``Manufacturing'' before 
                                        ``Director'';
                                            (bb) by striking 
                                        ``Secretary'' and inserting 
                                        ``Manufacturing Director''; and
                                            (cc) by striking 
                                        ``Director.'' and inserting 
                                        ``Directorate for the 
                                        Industrial Commons of the 
                                        National Institute of 
                                        Manufacturing.'';
                            (iii) in subsections (c)(1), (d)(3)(B), 
                        (f), (h)(3), (h)(4), (h)(5)(A), (h)(5)(B), 
                        (i)(1)(A)(ii), (i)(2)(A), (i)(2)(B)(i), 
                        (i)(2)(B)(ii), (j)(1), (j)(2), (j)(3), (j)(4), 
                        (j)(5), and (j)(7), by striking ``Secretary'' 
                        each place that term appears and inserting 
                        ``Manufacturing Director'';
                            (iv) in subsection (e)(1), by striking the 
                        ``Secretary and the Secretary of Energy'' and 
                        inserting ``the Manufacturing Director and the 
                        Secretary of Energy'';
                            (v) in subsection (g), by amending 
                        paragraph (1) to read as follows:
            ``(1) Authority.--To the extent provided for in advance by 
        appropriations Acts, the Manufacturing Director may use an 
        amount not to exceed $5,000,000 for each of fiscal years 2021 
        through 2026 to carry out this section from amounts 
        appropriated to the National Institute of Manufacturing.'';
                            (vi) in subsection (h)(1), by striking 
                        ``The Secretary shall establish, within the 
                        Institute,'' and inserting ``There is within 
                        the Directorate for the Industrial Commons of 
                        the National Institute of Manufacturing''; and
                            (vii) in subsection (i)(1), in the 
                        paragraph heading, by striking ``Secretary'' 
                        and inserting ``Manufacturing director''.
                    (E) References.--Any reference in this Act or an 
                amendment made by this Act to the Manufacturing USA 
                Program carried out by the National Office of the 
                Manufacturing USA Network of the National Institute of 
                Standards and Technology shall also be a reference to 
                the Network for Manufacturing Innovation Program of the 
                National Institute of Standards and Technology.
                    (F) Rule of construction for centers of 
                manufacturing innovation.--Nothing in this Act shall be 
                construed to affect, or require the transfer to the 
                Institute of, any Federal financial assistance that is 
                provided to a center for manufacturing innovation by 
                any Federal entity other than the Institute under the 
                Manufacturing USA Program carried out by the National 
                Office of the Manufacturing USA Network of the National 
                Institute of Standards and Technology.
            (3) Hollings manufacturing extension partnership program.--
                    (A) Transfer of functions.--All functions of the 
                Hollings Manufacturing Extension Partnership Program of 
                the National Institute of Standards and Technology, 
                including the personnel, assets, and obligations of the 
                Hollings Manufacturing Extension Partnership Program of 
                the National Institute of Standards and Technology, as 
                in existence on the day before the date of enactment of 
                this Act, shall be transferred to the Directorate for 
                Small and Medium Manufacturers of the Institute.
                    (B) Deeming of name.--Any reference in any law, 
                regulation, document, paper, or other record of the 
                United States to the Hollings Manufacturing Extension 
                Partnership Program of the National Institute of 
                Standards and Technology shall be deemed a reference to 
                the Hollings Manufacturing Extension Partnership 
                Program of the Directorate for Small and Medium 
                Manufacturers of the Institute.
                    (C) Unexpended balances.--Unexpended balances of 
                appropriations, authorization, allocations, or other 
                funds related to the Hollings Manufacturing Extension 
                Partnership Program of the National Institute of 
                Standards and Technology shall be available for use by 
                the Directorate for Small and Medium Manufacturers of 
                the Institute for purposes for which the 
                appropriations, authorizations, allocations, or other 
                funds were originally made available.
                    (D) Technical and conforming amendments.--Section 
                25 of the National Institute of Standards and 
                Technology Act (15 U.S.C. 278k) is amended--
                            (i) in subsection (a)--
                                    (I) by redesignating paragraph (7) 
                                as paragraph (8); and
                                    (II) by inserting after paragraph 
                                (6) the following:
            ``(7) Manufacturing director.--The term `Manufacturing 
        Director' means the Director of the National Institute of 
        Manufacturing.'';
                            (ii) in subsection (b), by striking 
                        ``Secretary, acting through the Director'' and 
                        inserting ``Manufacturing Director, acting 
                        through the Directorate for Small and Medium 
                        Manufacturers of the National Institute of 
                        Manufacturing'';
                            (iii) in subsection (e), by striking 
                        ``Secretary'' each place that term appears and 
                        inserting ``Manufacturing Director'';
                            (iv) in subsection (f), by striking 
                        ``Secretary'' each place that term appears and 
                        inserting ``Manufacturing Director'';
                            (v) in subsection (g)--
                                    (I) in paragraph (2), in the 
                                paragraph heading, by striking 
                                ``secretary'' and inserting 
                                ``Manufacturing director''; and
                                    (II) by striking ``Secretary'' each 
                                place that term appears and inserting 
                                ``Manufacturing Director'';
                            (vi) in subsection (h), by striking 
                        ``Secretary'' each place that term appears and 
                        inserting ``Manufacturing Director'';
                            (vii) in subsection (i)--
                                    (I) by striking ``Not'' and all 
                                that follows through ``the Secretary'' 
                                and inserting ``Not later than 180 days 
                                after the date of enactment of the 
                                National Institute of Manufacturing 
                                Act, the Manufacturing Director''; and
                                    (II) by striking ``Institute'' and 
                                inserting ``the Directorate for Small 
                                and Medium Manufacturers of the 
                                National Institute of Manufacturing'';
                            (viii) in subsection (k), by inserting 
                        ``Manufacturing'' before ``Director'' each 
                        place that term appears;
                            (ix) in subsection (l)--
                                    (I) by striking ``the Secretary and 
                                Director'' each place that term appears 
                                and inserting ``the Manufacturing 
                                Director''; and
                                    (II) by striking ``and from the 
                                private sector under section 2(c)(7) of 
                                this Act (15 U.S.C. 272(c)(7))''; and
                            (x) in subsection (n)--
                                    (I) in paragraph (1), in the matter 
                                preceding subparagraph (A), by 
                                inserting ``Manufacturing'' before 
                                ``Director''; and
                                    (II) in paragraph (2), by striking 
                                ``Secretary'' and inserting 
                                ``Manufacturing Director''.
            (4) Manufacturing extension partnership advisory board.--
                    (A) Transfer of functions.--All functions of the 
                Manufacturing Extension Partnership Advisory Board of 
                the National Institute of Standards and Technology, 
                including the personnel, assets, and obligations of the 
                Manufacturing Extension Partnership Advisory Board of 
                the National Institute of Standards and Technology, as 
                in existence on the day before the date of enactment of 
                this Act, shall be transferred to the Institute.
                    (B) Deeming of name.--Any reference in any law, 
                regulation, document, paper, or other record of the 
                United States to the Manufacturing Extension 
                Partnership Advisory Board of the National Institute of 
                Standards and Technology shall be deemed a reference to 
                the Manufacturing Extension Partnership Advisory Board 
                of the Institute.
                    (C) Unexpended balances.--Unexpended balances of 
                appropriations, authorization, allocations, or other 
                funds related to the Manufacturing Extension 
                Partnership Advisory Board of the National Institute of 
                Standards and Technology shall be available for use by 
                the Institute for purposes for which the 
                appropriations, authorizations, allocations, or other 
                funds were originally made available.
                    (D) Technical and conforming amendments.--Section 
                25(m) of the National Institute of Standards and 
                Technology Act (15 U.S.C. 278k(m)) is amended--
                            (i) in paragraph (1), by striking 
                        ``Institute'' and inserting ``National 
                        Institute of Manufacturing'';
                            (ii) in paragraph (2)(A)(i), by inserting 
                        ``Manufacturing'' before ``Director'';
                            (iii) in paragraph (3)(B), in the matter 
                        preceding clause (i), by inserting 
                        ``Manufacturing'' before ``Director''; and
                            (iv) in paragraph (5)(A), by striking 
                        ``Secretary'' and inserting ``Manufacturing 
                        Director''.
            (5) Office of manufacturing.--
                    (A) Transfer of functions.--All functions of the 
                Office of Manufacturing of the International Trade 
                Administration of the Department of Commerce, including 
                the personnel, assets, and obligations of the Office of 
                Manufacturing of the International Trade Administration 
                of the Department of Commerce, as in existence on the 
                day before the date of enactment of this Act, shall be 
                transferred to the Office of Manufacturer Trade 
                described in subsection (e)(5)(A).
                    (B) Deeming of name.--Any reference in any law, 
                regulation, document, paper, or other record of the 
                United States to the Office of Manufacturing of the 
                International Trade Administration of the Department of 
                Commerce shall be deemed a reference to the Office of 
                Manufacturer Trade of the Directorate on Trade of the 
                Institute.
                    (C) Unexpended balances.--Unexpended balances of 
                appropriations, authorization, allocations, or other 
                funds related to the Office of Manufacturing of the 
                International Trade Administration of the Department of 
                Commerce shall be available for use by the Office of 
                Manufacturer Trade of the Directorate on Trade of the 
                Institute for purposes for which the appropriations, 
                authorizations, allocations, or other funds were 
                originally made available.
            (6) Materials processing equipment technical advisory 
        committee.--
                    (A) Transfer of functions.--All functions of the 
                Materials Processing Equipment Technical Advisory 
                Committee of the Bureau of Industry and Security of the 
                Department of Commerce, including the personnel, 
                assets, and obligations of the Materials Processing 
                Equipment Technical Advisory Committee of the Bureau of 
                Industry and Security of the Department of Commerce, as 
                in existence on the day before the date of enactment of 
                this Act, shall be transferred to the Institute.
                    (B) Deeming of name.--Any reference in any law, 
                regulation, document, paper, or other record of the 
                United States to the Materials Processing Equipment 
                Technical Advisory Committee of the Bureau of Industry 
                and Security of the Department of Commerce shall be 
                deemed a reference to the Materials Processing 
                Equipment Technical Advisory Committee of the 
                Institute.
                    (C) Unexpended balances.--Unexpended balances of 
                appropriations, authorization, allocations, or other 
                funds related to the Materials Processing Equipment 
                Technical Advisory Committee of the Bureau of Industry 
                and Security of the Department of Commerce shall be 
                available for use by the Institute for purposes for 
                which the appropriations, authorizations, allocations, 
                or other funds were originally made available.
    (j) Transitional Provisions.--
            (1) Transitional authorities.--
                    (A) Provision of assistance by officials.--Until 
                the date of the transfer of an entity to the Institute 
                or a component of the Institute under subsection (i), 
                any official having authority over the entity, or 
                functions relating to the entity, as of the day before 
                the date of enactment of this Act shall provide to the 
                Director such assistance, including the use of 
                personnel and assets, as the Director may request in 
                preparing for the transfer and integration of the 
                entity into the Institute or a component of the 
                Institute.
                    (B) Services and personnel.--During the 1-year 
                period beginning on the date of enactment of this Act, 
                upon the request of the Secretary, the head of any 
                executive agency may, on a reimbursable basis, provide 
                services or detail personnel to assist with the 
                transfer of an entity to the Institute or a component 
                of the Institute under subsection (i).
            (2) Incidental transfers.--The Director of the Office of 
        Management and Budget, in consultation with the Director, shall 
        make such additional incidental dispositions of personnel, 
        assets, and liabilities held, used, arising from, available, or 
        to be made available, in connection with the functions 
        transferred under subsection (i), as the Director of the Office 
        of Management and Budget may determine necessary to accomplish 
        the purposes of this Act.

SEC. 4. NATIONAL MANUFACTURING ADVISORY COUNCIL.

    (a) Establishment.--There is established in the Department of 
Commerce the ``National Manufacturing Advisory Council''.
    (b) Mission.--The mission of the Council shall be to--
            (1) ensure regular communication between the Federal 
        Government and the manufacturing sector in the United States;
            (2) advise the Secretary on government policies and 
        government programs that affect United States manufacturing and 
        provide a forum for discussing and proposing solutions to 
        industry-related problems; and
            (3) ensure that the United States remains the preeminent 
        destination for investment in manufacturing throughout the 
        world.
    (c) Duties.--The duties of the Council shall include--
            (1) meeting from time to time to provide independent advice 
        and recommendations to the Secretary regarding issues involving 
        United States manufacturing;
            (2) completing specific tasks requested by the Director or 
        the Secretary;
            (3) monitoring the status of technological developments, 
        critical production capacity, skill availability, investment 
        patterns, emerging defense needs, and other key indicators of 
        manufacturing competitiveness;
            (4) soliciting input from the public and private sector and 
        academia regarding emerging trends in manufacturing, the 
        responsiveness of Federal programming, and suggestions for 
        areas of increased Federal attention;
            (5) monitoring global manufacturing trends and global 
        threats to manufacturing sectors in the United States;
            (6) providing input on providing Federal assistance for 
        manufacturers relating to--
                    (A) international trade and investment matters;
                    (B) research and technology development 
                opportunities;
                    (C) workforce development and training programs and 
                opportunities;
                    (D) small and medium manufacturer needs; and
                    (E) industrial commons and supply chains needs.
    (d) Charter.--The Council shall develop a charter to govern the 
structure and mission of the Council.
    (e) Membership.--
            (1) In general.--The Council shall--
                    (A) consist of individuals with a balance of 
                backgrounds, experiences, and viewpoints; and
                    (B) include individuals that directly represent 
                private industry, academia, and labor.
            (2) Public participation.--The nomination process for 
        membership on the Council shall include a public nomination 
        process to the maximum extent practicable.
    (f) Transfer of Functions.--
            (1) Transfer of functions.--All functions of the 
        Manufacturing Council of the International Trade Administration 
        of the Department of Commerce, including the personnel, assets, 
        and obligations of the United States Manufacturing Council of 
        the International Trade Administration of the Department of 
        Commerce, as in existence on the day before the date of 
        enactment of this Act, shall be transferred to the Institute.
            (2) Deeming of name.--Any reference in law, regulation, 
        document, paper, or other record of the United States to the 
        Manufacturing Council of the International Trade Administration 
        of the Department of Commerce shall be deemed a reference to 
        the National Manufacturing Advisory Council.
            (3) Unexpended balances.--Unexpended balances of 
        appropriations, authorization, allocations, or other funds 
        related to the Manufacturing Council of the International Trade 
        Administration of the Department of Commerce shall be available 
        for use by the Director for which the appropriations, 
        authorizations, allocations, or other funds were originally 
        made available.
    (g) Permanent Authority.--Notwithstanding section 14 of the Federal 
Advisory Committee Act (5 U.S.C. App.), the Council shall be a 
permanent authority.

SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to the Institute such sums 
as may be necessary to carry out this Act.
                                 <all>