[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1240 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
1st Session
S. 1240
To expand and enhance the Manufacturing USA Program, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 20, 2021
Mr. Brown (for himself and Mr. Blunt) introduced the following bill;
which was read twice and referred to the Committee on Commerce,
Science, and Transportation
_______________________________________________________________________
A BILL
To expand and enhance the Manufacturing USA Program, 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 ``Manufacturing USA Expansion Act of
2021''.
SEC. 2. EXPANSION AND ENHANCEMENT OF MANUFACTURING USA PROGRAM.
(a) Definitions.--In this section:
(1) Historically black college or university.--The term
``historically Black college or university'' has the meaning
given the term ``part B institution'' in section 322 of the
Higher Education Act of 1965 (20 U.S.C. 1061)).
(2) Labor organization.--The term ``labor organization''
has the meaning given such term in section 8A(a) of the
National Science Foundation Act of 1950.
(3) Manufacturing usa center.--The term ``Manufacturing USA
center'' means an institute described in section 34(d)(3)(B) of
the National Institute of Standards and Technology Act (15
U.S.C. 278s(d)(3)(B)) and recognized by the Secretary under
such section for purposes of participation in the Manufacturing
USA Network.
(4) Manufacturing usa institute.--The term ``Manufacturing
USA institute'' means an institute described in section 34(d)
of the National Institute of Standards and Technology Act (15
U.S.C. 278s(d)) that is not a Manufacturing USA center.
(5) Manufacturing usa network.--The term ``Manufacturing
USA Network'' means the network established under section 34(c)
of the National Institute of Standards and Technology Act (15
U.S.C. 278s(c)).
(6) Manufacturing usa program.--The term ``Manufacturing
USA Program'' means the program established under section
34(b)(1) of the National Institute of Standards and Technology
Act (15 U.S.C. 278s(b)(1)).
(7) Minority-serving institution.--The term ``minority-
serving institution'' means an eligible institution described
in section 371(a) of the Higher Education Act of 1965 (20
U.S.C. 1067q(a)).
(8) National program office.--The term ``National Program
Office'' means the National Program Office established under
section 34(h)(1) of the National Institute of Standards and
Technology Act (15 U.S.C. 278s(h)(1)).
(9) Tribal college or university.--The term ``Tribal
college or university'' has the meaning given the term in
section 316(b)(3) of the Higher Education Act of 1965 (20
U.S.C. 1059c(b)(3)).
(b) Authorization of Appropriations To Enhance and Expand
Manufacturing USA Program and Support Innovation and Growth in Domestic
Manufacturing.--
(1) In general.--There is authorized to be appropriated
$2,410,000,000 for the period of fiscal years 2022 through 2026
for the Secretary of Commerce, acting through the Director of
the National Institute of Standards and Technology and in
coordination with the Secretary of Energy, the Secretary of
Defense, and the heads of such other Federal agencies as the
Secretary of Commerce considers relevant, to carry out the
Manufacturing USA Program and to expand such program to support
innovation and growth in domestic manufacturing.
(2) Manufacturing usa institutes.--
(A) In general.--Of the amounts appropriated
pursuant to the authorization of appropriations in
paragraph (1), $1,190,000,000 shall be available to
support the establishment of new Manufacturing USA
institutes during the period described in such
paragraph.
(B) Financial assistance.--The Secretary shall
support the establishment of Manufacturing USA
institutes under subparagraph (A) through the award of
financial assistance under section 34(e) of the
National Institute of Standards and Technology Act (15
U.S.C. 278s(e)).
(C) Assignment of manufacturing usa institutes to
federal agency sponsors.--Following an open topic
competition organized by the Director of the National
Institute of Standards and Technology, the Secretary of
Commerce, in consultation with the Secretary of Energy,
the Secretary of Defense, and other relevant Federal
agencies, may select an alternative Federal agency to
sponsor a selected Manufacturing USA institute based on
its technology and may transfer the appropriate funds
to that alternative Federal agency for operation and
programming of the selected Manufacturing USA
institute.
(D) Coordination with existing manufacturing usa
institutes.--
(i) Coordination required.--In establishing
new Manufacturing USA institutes under
subparagraph (A), the Secretary of Commerce
shall coordinate with the Secretary of Energy
and the Secretary of Defense to ensure there is
no duplication of effort or technology focus
between new Manufacturing USA institutes and
Manufacturing USA institutes that were in
effect before the establishment of the new
Manufacturing USA institutes.
(ii) Consultation with existing
manufacturing usa institutes authorized.--In
carrying out coordination under clause (i), the
Secretary of Commerce may consult with
Manufacturing USA institutes that were in
effect before the establishment of new
Manufacturing USA institutes under subparagraph
(A) to inform the Department of Commerce of
additional new Manufacturing USA institutes
necessary to fill gaps in the support of
innovation and growth in domestic
manufacturing.
(iii) Involvement of existing manufacturing
usa institutes authorized.--In coordination
with the Secretary of Energy and the Secretary
of Defense, the Secretary of Commerce may
involve Manufacturing USA institutes that were
in effect before the establishment of new
Manufacturing USA institutes under subparagraph
(A) in the planning and execution of the new
Manufacturing USA institutes.
(3) Manufacturing usa centers and public service grants.--
Of the amounts appropriated pursuant to the authorization of
appropriations in paragraph (1), $375,000,000 shall be
available for the period described in such paragraph--
(A) for the Secretary, acting through the Director
and in consultation with the Secretary of Energy, the
Secretary of Defense, and the heads of such other
Federal agencies as the Secretary of Commerce considers
relevant, to recognize additional institutes as
Manufacturing USA institutes under section 34(d)(3)(B)
of the National Institute of Standards and Technology
Act (15 U.S.C. 278s(d)(3)(B)), giving particular
consideration to partnerships and coordination with the
Manufacturing USA institutes that were already in
effect, when practicable; and
(B) to support the activities of Manufacturing USA
institutes and Manufacturing USA centers through the
award of grants under section 34(f) of the National
Institute of Standards and Technology Act (15 U.S.C.
278s(f)).
(4) Commercialization, workforce training, and supply chain
investment.--Of the amounts appropriated pursuant to the
authorization of appropriations in paragraph (1), $100,000,000
shall be available for the period described in such paragraph
to support such programming for commercialization, workforce
training, and supply chain activities across the Manufacturing
USA Network as the Secretary considers appropriate in
consultation with the Secretary of Energy, the Secretary of
Defense, and the heads of such other Federal agencies as the
Secretary of Commerce considers relevant.
(5) Ongoing support for existing manufacturing usa
institutes.--
(A) In general.--Of the amounts appropriated
pursuant to the authorization of appropriations in
paragraph (1), $725,000,000 shall be available for the
period described in such paragraph to support
Manufacturing USA institutes that were in effect on the
day before the date of the enactment of this Act, of
which $5,000,000 shall be available (without cost
share) to each such Manufacturing USA institute each
year for such period for ongoing operation of the
institutes, including operational overhead, workforce
training, and supply chain activities.
(B) Additional support.--
(i) In general.--Of the amounts specified
in subparagraph (A), amounts shall be available
for financial assistance awards to conduct
projects as follows:
(I) $100,000,000 shall be available
for Manufacturing USA institutes that
were established under section 34(e) of
the National Institute of Standards and
Technology Act (15 U.S.C. 278s(e)) and
that were in effect on the day before
the date of the enactment of this Act.
(II) $10,000,000 shall be available
each year for the period described in
such paragraph for each Manufacturing
USA institute that is not receiving
Manufacturing USA Program funding from
any other Federal agency.
(ii) Federal funds matching requirement.--A
recipient of financial assistance for a project
under clause (i) shall agree to make available
to carry out the project an amount of non-
Federal funds that is equal to or greater than
20 percent of the total cost of the project.
(C) Renewal requirements.--Receipt of ongoing
support under subparagraph (A) shall be subject to the
requirements of section 34(e)(2)(B) of the National
Institute of Standards and Technology Act (15 U.S.C.
278s(e)(2)(B)).
(D) No cost share requirement.--The Secretary shall
not impose any cost share or matching requirement on
receipt of ongoing support under subparagraph (A).
(6) Management of interagency solicitations and ongoing
management.--Of the amounts appropriated pursuant to the
authorization of appropriations in paragraph (1), $20,000,000
shall be available annually for the period described in such
paragraph for the National Program Office to coordinate the
activities of the Manufacturing USA Network and manage
interagency solicitations.
(c) Coordination Between Manufacturing USA Program and Hollings
Manufacturing Extension Partnership.--The Secretary shall coordinate
the activities of the Manufacturing USA Program and the activities of
Hollings Manufacturing Extension Partnership with each other to the
degree that doing so does not diminish the effectiveness of the ongoing
activities of a Manufacturing USA institute or a Center (as the term is
defined in section 25(a) of the National Institute of Standards and
Technology Act (15 U.S.C. 278k(a)), including Manufacturing USA
institutes entering into agreements with a Center (as so defined) that
the Secretary considers appropriate to provide services relating to the
mission of the Hollings Manufacturing Extension Partnership, including
outreach, technical assistance, workforce development, and technology
transfer and adoption assistance to small- and medium-sized
manufacturers.
(d) Worker Advisory Council for Manufacturing USA Program.--
(1) Establishment.--
(A) In general.--The Secretary of Commerce shall,
in coordination with the Secretary of Labor, the
Secretary of Defense, the Secretary of Energy, and the
Secretary of Education, establish an advisory council
for the Manufacturing USA Program on the development
and dissemination of techniques, policies, and
investments for high-road labor practices, worker
adaptation and success with technological change, and
increased worker participation across the Manufacturing
USA Network.
(B) Membership.--The council established under
subparagraph (A) shall be composed of not fewer than 15
members appointed by the Secretary of Commerce, of
whom--
(i) four shall be from labor organizations;
(ii) four shall be from educational
institutions;
(iii) four shall be from labor-management
training, workforce development, and nonprofit
organizations, including those that focus on
workforce diversity and inclusion; and
(iv) three shall be from industry
organizations or manufacturing firms, including
small- and medium-sized manufacturers.
(C) Period of appointment; vacancies.--
(i) In general.--Each member of the council
established under subparagraph (A) shall be
appointed for a term of 3 years with the
ability to renew the appointment for no more
than 2 terms.
(ii) Vacancies.--Any member appointed to
fill a vacancy occurring before the expiration
of the term for which the member's predecessor
was appointed shall be appointed only for the
remainder of that term. A member may serve
after the expiration of that term until a
successor has been appointed.
(D) Meetings.--
(i) Initial meeting.--Not later than 180
days after the date of enactment of this Act,
the council established under subparagraph (A)
shall hold the first meeting.
(ii) Additional meetings.--After the first
meeting of the council, the council shall meet
upon the call of the Secretary, and at least
once every 180 days thereafter.
(iii) Quorum.--A majority of the members of
the council shall constitute a quorum, but a
lesser number of members may hold hearings.
(E) Chairperson and vice chairperson.--The
Secretary shall elect 1 member of the council
established under subparagraph (A) to serve as the
chairperson of the council and 1 member of the council
to serve as the vice chairperson of the council.
(2) Duties of the council.--The council established under
paragraph (1)(A) shall provide advice and recommendations to
the Secretary of Commerce on matters concerning investment in
and support of the manufacturing workforce relating to the
following:
(A) Worker participation, including through labor
organizations, in the planning and deployment of new
technologies across an industry and within workplaces.
(B) Policies to help workers adapt to technological
change, including training and education priorities for
the Federal Government and for employer investments in
workers.
(C) Assessments of impact on workers of development
of new technologies and processes by the Manufacturing
USA institutes.
(D) Management practices that prioritize job
quality, worker protection, worker participation and
power in decision making, and investment in worker
career success.
(E) Policies and procedures to prioritize diversity
and inclusion in the manufacturing and technology
workforce by expanding access to job, career
advancement, and management opportunities for
underrepresented populations.
(F) Assessments of technology improvements achieved
by the Manufacturing USA institutes and the degree of
domestic deployment of each new technology.
(G) Such other matters as the Secretary considers
appropriate.
(3) Report.--
(A) Appropriate committees of congress defined.--In
this paragraph, the term ``appropriate committees of
Congress'' means--
(i) the Committee on Health, Education,
Labor, and Pensions, the Committee on Commerce,
Science, and Transportation, the Committee on
Energy and Natural Resources, the Committee on
Armed Services, and the Committee on
Appropriations of the Senate; and
(ii) the Committee on Education and Labor,
the Committee on Science, Space, and
Technology, the Committee on Energy and
Commerce, the Committee on Armed Services, and
the Committee on Appropriations of the House of
Representatives.
(B) Report required.--Not later than 180 days after
the date on which the council established under
paragraph (1)(A) holds its initial meeting under
paragraph (1)(D)(i) and annually thereafter, the
council shall submit to the appropriate committees of
Congress a report containing a detailed statement of
the advice and recommendations of the council pursuant
to paragraph (2).
(4) Compensation.--
(A) Prohibition of compensation.--Members of the
Council may not receive additional pay, allowances, or
benefits by reason of their service on the Council.
(B) Travel expenses.--Each member shall receive
travel expenses, including per diem in lieu of
subsistence, in accordance with applicable provisions
under subchapter I of chapter 57 of title 5, United
States Code.
(5) FACA applicability.--
(A) In general.--In discharging its duties under
this subsection, the council established under
paragraph (1)(A) shall function solely in an advisory
capacity, in accordance with the Federal Advisory
Committee Act (5 U.S.C. App.).
(B) Exception.--Section 14 of the Federal Advisory
Committee Act shall not apply to the Council.
(e) Participation of Minority-Serving Institutions, Historically
Black Colleges and Universities, and Tribal Colleges and
Universities.--
(1) In general.--The Secretary of Commerce, in coordination
with the Secretary of Energy, the Secretary of Defense, and the
heads of such other Federal agencies as the Secretary of
Commerce considers relevant, shall coordinate with existing and
new Manufacturing USA institutes to integrate covered entities
as active members of the Manufacturing USA institutes,
including through the development of preference criteria for
proposals to create new Manufacturing USA institutes or renew
existing Manufacturing USA institutes that include meaningful
participation from a covered entity or that are led by a
covered entity.
(2) Covered entities.--For purposes of this subsection, a
covered entity is--
(A) a minority-serving institution;
(B) an historically Black college or university; or
(C) a Tribal college or university.
(f) Department of Commerce Policies To Promote Domestic Production
of Technologies Developed Under Manufacturing USA Program.--
(1) Definition of domestic.--In this subsection, the term
``domestic'', with respect to development or production means
development or production by, or with respect to source means
the source is, a person incorporated or formed in the United
States--
(A) that is not under foreign ownership, control,
or influence (FOCI) as defined in section 847 of the
National Defense Authorization Act for Fiscal Year 2020
(Public Law 116-92);
(B) whose beneficial owners, as defined in section
847 of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92), are United States
persons;
(C) whose management are United States citizens;
(D) whose principal place of business is in the
United States; and
(E) who is not--
(i) a foreign incorporated entity that is
an inverted domestic corporation or any
subsidiary of such entity; or
(ii) any joint venture if more than 10
percent of the joint venture (by vote or value)
is held by a foreign incorporated entity that
is an inverted domestic corporation or any
subsidiary of such entity.
(2) Policies.--
(A) In general.--The Secretary of Commerce, in
consultation with the Secretary of Energy, the
Secretary of Defense, and the heads of such other
Federal agencies as the Secretary of Commerce considers
relevant, shall establish policies to promote the
domestic production of technologies developed by the
Manufacturing USA Network.
(B) Elements.--The policies developed under
subparagraph (A) shall include the following:
(i) Measures to partner domestic developers
of goods, services, or technologies by
Manufacturing USA Network activities with
domestic manufacturers and sources of
financing.
(ii) Measures to develop and provide
incentives to promote transfer of intellectual
property and goods, services, or technologies
developed by Manufacturing USA Network
activities to domestic manufacturers.
(iii) Measures to assist with supplier
scouting and other supply chain development,
including the use of the Hollings Manufacturing
Extension Partnership to carry out such
measures.
(iv) A process to review and approve or
deny membership in a Manufacturing USA
institute by foreign-owned companies,
especially from countries of concern, including
the People's Republic of China.
(v) Measures to prioritize Federal
procurement of goods, services, or technologies
developed by the Manufacturing USA Network
activities from domestic sources, as
appropriate.
(C) Processes for waivers.--The policies
established under this paragraph shall include
processes to permit waivers, on a case by case basis,
for policies that promote domestic production based on
cost, availability, severity of technical and mission
requirements, emergency requirements, operational
needs, other legal or international treaty obligations,
or other factors deemed important to the success of the
Manufacturing USA Program.
(3) Prohibition.--
(A) Company defined.--In this paragraph, the term
``company'' has the meaning given such term in section
847(a) of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92; 10 U.S.C. 2509
note).
(B) In general.--A company of the People's Republic
of China may not participate in the Manufacturing USA
Program or the Manufacturing USA Network without a
waiver, as described in paragraph (2)(C).
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