Sec. 3. Establishment of National Institute of Manufacturing
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There is established in the Department of Commerce an institute to be known as the National Institute of Manufacturing . The primary missions of the Institute are to— ensure global leadership in advanced manufacturing technologies critical to the long-term economic and national security of the United States; 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; 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; 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; support the discovery, invention, scale-up, and transition of new products and manufacturing technologies to full-scale production in the United States; address the evolving needs of manufacturers to find a diverse set of workers with the necessary skills, training, and expertise; 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 work collaboratively with other Federal agencies, State and local governments, Tribal governments, regional authorities, economic development organizations, labor organizations, and institutions of higher education to leverage their knowledge, resources, and programs to foster manufacturing in the United States and anticipate and prepare for emergencies and global, national, and regional supply chain disruptions.
In carrying out the purposes of this Act, the Institute shall— convene key industry, academic, defense, government, and other stakeholders to develop a national strategic plan for manufacturing in the United States that would identify short-, medium-, and long-term needs and priorities of the manufacturing sector in the United States, including emergency readiness; 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 provide foresight for periodic updates to the national strategic plan for manufacturing and to guide investment decisions; 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 impact, and national security of the United States; administer programs that incentivize and facilitate collaboration among private and public sector stakeholders in United States manufacturing; award scholarships and graduate fellowships in the engineering and manufacturing disciplines; award industrial, academic, and governmental fellowships to faculty and retired manufacturing experts to support the manufacturing interests of the United States; 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; 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; provide small and medium manufacturers, including new startups, with financial support, including loans, counseling, training, technical assistance, and advocacy; identify opportunities to achieve commercial-scale production of emerging technologies by leveraging government procurement contracts, in particular contracts of the Department of Defense; and be the primary entity with which other entities in the Federal Government will consult on decisions relating to manufacturing.
There shall be a Director of the Institute, who shall— be appointed by the President, by and with the consent of the Senate; oversee all Institute activities; serve as an ex-officio member of the Institute; make recommendations regarding, and manage, the budget of the Institute; serve as the Chief Manufacturing Officer of the United States; and advise and consult with the President and the Secretary on all policy issues relating to manufacturing. Except as otherwise provided, the Chief Manufacturing Officer shall exercise all of the authority granted to the Institute under this Act, including any powers and functions that may be delegated to the Chief Manufacturing Officer by the Secretary or the President.
All actions taken by the Chief Manufacturing Officer under this Act, or under the terms of a delegation described in subparagraph (A), shall be final and binding upon the Institute. The Chief Manufacturing Officer may, from time to time, delegate the performance of a function under this Act to another officer, employee, or Directorate of the Institute, including functions delegated to the Chief Manufacturing Officer. The Chief Manufacturing Officer of the United States shall— 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; advise and consult with the Secretary and the heads of any other relevant agencies on the national security supply chain; foster the coordination of manufacturing-related policies and activities across agencies as Chair of the Committee on Technology of the National Science and Technology Council established under section 102 of the America COMPETES Reauthorization Act of 2010 ( 42 U.S.C. 6622 ); promote Federal Government measures, including inter-agency input on new regulations that affect manufacturing, and policies with the potential of advancing United States technological innovation in manufacturing and exploiting manufacturing innovations of foreign origin; convene key industry, labor, academic, defense, government, and other stakeholders to aid in the development of the national strategic plan for manufacturing; monitor the status of technological developments, critical production capacity, skill availability, investment patterns, emerging defense needs, and other key indicators of manufacturing competitiveness to provide foresight for periodic updates to the national strategic plan for manufacturing and 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; oversee and convene the Council; solicit input from the public and private sectors and academia regarding emerging trends in manufacturing and the responsiveness of Federal programming; convene interagency working groups to align Federal policies to drive implementation of the national strategic plan for manufacturing, including collaboration among the Department of Education, the Department of Labor, the Department of Energy, the Department of Commerce, the Department of Defense, the Environmental Protection Agency, the National Science Foundation, the Small Business Administration, and other agencies; and develop and maintain the manufacturing.gov hub developed under section 7 to— help inform, and serve as the principal place of interaction between, United States manufacturers and the Federal manufacturing programs described in section 7(b)(1); and provide assistance relating to— international trade and investment matters; research and technology development opportunities; workforce development and training programs and opportunities; small and medium manufacturer needs; and industrial commons and supply chains needs.
The Chief Manufacturing Officer shall serve for a term of 6 years, unless removed earlier by the President. Unless otherwise provided by the Chief Manufacturing Officer, there shall be within the Institute the following Directorates: A Directorate for Technology Development, which shall— make competitive awards to support discovery, invention, and translational research in the fields of engineering and manufacturing; 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; administer a pilot program establishing translational research centers associated with research universities, 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 administer other programs and activities that promote technology development.
A Directorate for the Industrial Commons, which shall— administer the Investing in Manufacturing Communities Partnership; administer the Manufacturing USA Program established under section 34 of the National Institute of Standards and Technology Act ( 15 U.S.C. 278s ); and administer other programs and activities that promote robust manufacturing innovation ecosystems and support manufacturing supply chains in the United States during emergencies. A Directorate for Education and Workforce Development, which shall— make competitive awards for scholarships and graduate fellowships; make competitive awards for industrial, academic, and governmental fellowships to faculty and retired manufacturing experts; make competitive awards for research, development, and evaluation of innovative training programs; administer the Manufacturing Engineering Education Program established under section 2196 of title 10, United States Code; and administer other programs and activities that promote the short-term and long-term workforce and education needs of the manufacturing sector.
A Directorate for Small and Medium Manufacturers, which shall— administer programs for loans, investment capital, and surety bonds for small and medium manufacturing firms; administer the Hollings Manufacturing Extension Partnership Program established under section 25 of the National Institute of Standards and Technology Act ( 15 U.S.C. 278k ); and administer other programs and activities that help small and medium manufacturers prosper. A Directorate on Trade, which shall— manage and oversee an Office of Manufacturer Trade, which shall— advise manufacturers in the United States on trade; advise the United States Trade Representative, the International Trade Administration, and other entities in the Federal Government on trade to benefit manufacturers in the United States; receive and solicit recommendations and feedback from manufacturers in the United States; and appoint an employee of the Office to serve as a liaison between— the Office; and the United States Trade Representative; and the Industry Trade Advisory Committees on Aerospace Equipment, Automotive Equipment and Capital Goods, and Steel; and manage and oversee a United States Manufacturer Trade Council, which shall— receive and solicit recommendations and feedback from manufacturers in the United States; and in addition to voting members, be composed of ex-officio members of the Industry Trade Advisory Committees described in subparagraph (A)(iv)(II)(bb).
In carrying out the duties under this Act, the Institute may— 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; issue rules governing the manner of operations of the Institute; make expenditures necessary for administering the provisions in this Act; enter into contracts or other arrangements with organizations and individuals in the United States and foreign countries, including other government agencies, as the Chief Manufacturing Officer determines necessary to carry out the functions of the Institute; award scholarships and fellowships to citizens of the United States for the purpose of study or scientific work in manufacturing; acquire, construct, hold, and dispose of real and personal property as the Chief Manufacturing Officer determines necessary; and accept unconditional gifts or donations of services, money, or property.
The Institute shall manage and oversee the following advisory committees: The Council. 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) ). The Materials Processing Equipment Technical Advisory Committee. Each contract entered into by the Director shall contain provisions governing the disposition of inventions produced under the contract. 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.
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. Any reference in 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.
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. Section 102(a) of the America Creating Opportunities to Meaningfully Promote Excellence in Technology, Education, and Science Reauthorization Act of 2010 ( 42 U.S.C. 6622(a) ) is amended by adding at the end the following:
The Chief Manufacturing Officer of the United States shall serve as Chair of the Committee, as described in section 3(d)(4)(C) of the . National Institute of Manufacturing Act . All functions of the Manufacturing USA Program of the Advanced Manufacturing National Program Office, including the personnel, assets, and obligations of the Manufacturing USA Program of the Advanced Manufacturing National Program 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.
Any reference in law, regulation, document, paper, or other record of the United States to the Manufacturing USA Program of the Advanced Manufacturing National Program Office shall be deemed a reference to the Manufacturing USA Program of the Directorate for the Industrial Commons of the Institute. Unexpended balances of appropriations, authorization, allocations, or other funds related to the Manufacturing USA Program of the Advanced Manufacturing National Program Office shall be available for use by the Institute for purposes for which the appropriations, authorizations, allocations, or other funds were originally made available.
Section 34 of the National Institute of Standards and Technology Act ( 15 U.S.C. 278s ) is amended— in subsection (a)— by redesignating paragraph
(2)as paragraph (3); and by inserting after paragraph
(1)the following: The term Manufacturing Director means the Director of the National Institute of Manufacturing. ; in subsection (b)— in paragraph (1), by striking The Secretary shall establish within the Institute and inserting There is within the National Institute of Manufacturing ; 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 in paragraph (4)— in the paragraph heading, by inserting before Manufacturing ; Director by striking Secretary and inserting Manufacturing Director ; and by striking Director and inserting Directorate for the Industrial Commons of the National Institute of Manufacturing ; in subsections (c)(1), (d)(3)(B), (f), (g)(1), (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 and inserting Manufacturing Director ; in subsection (e)(1), by striking the Secretary and the Secretary of Energy and inserting the Manufacturing Director and the Secretary of Energy ; in subsection (g), by amending paragraph
(1)to read as follows: 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 2019 through 2024 to carry out this section from amounts appropriated to the National Institute of Manufacturing. ; 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 in subsection (i)(1), in the paragraph heading, by striking and inserting Secretary . Manufacturing Director Any reference in this Act or an amendment made by this Act to the Manufacturing USA Program of the Advanced Manufacturing National Program Office shall also be a reference to the Network for Manufacturing Innovation Program of the National Institute of Standards and Technology. 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 of the Advanced Manufacturing National Program Office. All functions of the Manufacturing Engineering Education Program of the Department of Defense, including the personnel, assets, and obligations of the Manufacturing Engineering Education Program of the Department of Defense, as in existence on the day before the date of enactment of this Act, shall be transferred to the Directorate for Education and Workforce Development of the Institute. Any reference in law, regulation, document, paper, or other record of the United States to the Manufacturing Engineering Education Program of the Department of Defense shall be deemed a reference to the Manufacturing Engineering Education Program of the Institute. Unexpended balances of appropriations, authorization, allocations, or other funds related to the Manufacturing Engineering Education Program of the Department of Defense shall be available for use by the Institute for purposes for which the appropriations, authorizations, allocations, or other funds were originally made available. Section 2196 of title 10, United States Code, is amended— in subsection (a)— in paragraph (1), by striking Secretary of Defense and inserting Director of the National Institute of Manufacturing (referred to in this section as the ; Director ), acting through the Directorate for Education and Workforce Development of the National Institute of Manufacturing in paragraph (3)— by striking The Secretary and inserting The Director ; and by striking as the Secretary and inserting as the Director ; and in paragraph (4), by striking Secretary and inserting Director ; in subsection (b), by striking Secretary and inserting Director ; in subsection (d)(1)(A), by striking Secretary and inserting Director ; in subsection (e), by striking Secretary of Defense and inserting Director ; in subsection (f), by striking Secretary and inserting Director ; and in subsection (g), in the matter preceding paragraph (1), by striking Secretary and inserting Director . 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. Any reference in 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. 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 Institute for purposes for which the appropriations, authorizations, allocations, or other funds were originally made available. Section 25 of the National Institute of Standards and Technology Act ( 15 U.S.C. 278k ) is amended— in subsection (a)— by redesignating paragraph
(7)as paragraph (8); and by inserting after paragraph
(6)the following: The term Manufacturing Director means the Director of the National Institute of Manufacturing. ; 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 ; in subsection (e), by striking Secretary each place that term appears and inserting Manufacturing Director ; in subsection (f), by striking Secretary each place that term appears and inserting Manufacturing Director ; in subsection (g)— by striking Secretary each place that term appears and inserting Manufacturing Director ; and in paragraph (2), in the paragraph heading, by striking and inserting Secretary ; Manufacturing Director in subsection (h), by striking Secretary each place that term appears and inserting Manufacturing Director ; in subsection (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 in subsection (k), by inserting Manufacturing before Director each place that term appears; in subsection (l)— by striking the Secretary and the Director and inserting the Manufacturing Director ; and by striking and from the private sector under section 2(c)(7) of this Act ( ; and 15 U.S.C. 272(c)(7) in subsection (n)— in paragraph (1), in the matter preceding subparagraph (A), by inserting Manufacturing before Director ; and in paragraph (2), by striking Secretary and inserting Manufacturing Director . 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. Any reference in 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. 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. Section 25(m) of the National Institute of Standards and Technology Act ( 15 U.S.C. 278k(m) ) is amended— in paragraph (1), by striking Institute and inserting National Institute of Manufacturing ; in paragraph (3)(B), by inserting Manufacturing before Director ; and in paragraph (5)(A), by striking Secretary and inserting Manufacturing Director . 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). Any reference in 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. 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 Institute for purposes for which the appropriations, authorizations, allocations, or other funds were originally made available. 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. Any reference in 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. 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. Not later than 90 days after the date of enactment of this Act, the President shall transmit to the appropriate congressional committees a reorganization plan regarding— the transfer of functions, personnel, assets, and obligations to the Institute under subsection (i); and any consolidation, reorganization, or streamlining of any entity transferred to the Institute under subsection (i). The plan transmitted under subparagraph
(A)shall contain, consistent with this Act, such elements as the President determines to be appropriate, including— an identification of any functions of entities transferred to the Institute under subsection
(i)that will not be transferred to the Institute under the plan; a specification of the steps to be taken by the Director to organize the Institute, including the delegation or assignment of functions transferred to the Institute among officers of the Institute in order to permit the Institute to carry out the functions transferred under the plan; a specification of the funds available to each entity that will be transferred to the Institute as a result of transfers under the plan; a specification of the proposed allocations within the Institute of unexpended funds transferred in connection with transfers under the plan; and a specification of any proposed disposition of property, facilities, contracts, records, and other assets and obligations of entities transferred under the plan. The President may, on the basis of consultations with the appropriate congressional committees, modify or revise any part of the plan until that part of the plan becomes effective in accordance with subparagraph (D). The reorganization plan described in this paragraph, including any modifications or revisions of the plan under subparagraph (C), shall become effective for an entity in the Institute described in subsection
(i)on the earlier of— the date specified in the plan (or the plan as modified pursuant to subparagraph (C)), except that such date may not be earlier than 90 days after the date the President has transmitted the reorganization plan to the appropriate congressional committees pursuant to subparagraph (A); or the end of the transition period. Nothing in this subparagraph may be construed to require the transfer of functions, personnel, records, balances of appropriations, or other assets of an entity on a single date. Clause
(i)shall apply notwithstanding section 905(b) of title 5, United States Code. Until the transfer of an entity to the Institute, any official having authority over 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. During the transition period, 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 transition. The Director of the Office of Management and Budget, in consultation with the Chief Manufacturing Officer, 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 by subsection (i), as the Director of the Office of Management and Budget may determine necessary to accomplish the purposes of this Act.
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Sec. 3
Establishment of National Institute of Manufacturing
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