Sec. 2402. Manufacturing USA Program

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In this section: 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 )). 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) ). 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) ).

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) ). 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) ). 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) ).

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) ). There is authorized to be appropriated $1,200,000,000 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 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 carry out the Manufacturing USA Program, including by awarding financial assistance under section 34(e) of the National Institute of Standards and Technology Act ( 15 U.S.C. 278s(e) ) for Manufacturing USA institutes that were in effect on the day before the date of the enactment of this division; and to expand such program to support innovation and growth in domestic manufacturing.

Section 34(e) of the National Institute of Standards and Technology Act ( 15 U.S.C. 278s(e) ) is amended by adding at the end the following: In awarding financial assistance under paragraph

(1)for planning or establishing a Manufacturing USA institute, an agency head shall prioritize Manufacturing USA institutes that— contribute to the geographical diversity of the Manufacturing USA Program; are located in an area with a low per capita income; and are located in an area with a high proportion of socially disadvantaged residents. . The Secretary shall facilitate the coordination of 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. The Secretary shall seek advice from the National Manufacturing Advisory Council on matters concerning investment in and support of the manufacturing workforce within the Manufacturing USA Program, including those matters covered under section 2404(d)(7). 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 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 preferences in selection criteria for proposals to create new Manufacturing USA institutes or renew existing Manufacturing USA institutes that are led by a covered entity. For purposes of this subsection, a covered entity is— a minority-serving institution; an historically Black college or university; a Tribal college or university; or a minority business enterprise (as defined in section 1400.2 of title 15, Code of Federal Regulations, or successor regulation). Each agency head (as defined in section 34(a) of the National Institute of Standards and Technology Act ( 15 U.S.C. 278s(a) )) and the Secretary of Defense shall, in consultation with the Secretary of Commerce, establish policies to promote the domestic production of technologies developed by the Manufacturing USA Network. The policies developed under subparagraph

(A)shall include the following: Measures to partner domestic developers of goods, services, or technologies by Manufacturing USA Network activities with domestic manufacturers and sources of financing. 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. 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. 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. Measures to prioritize Federal procurement of goods, services, or technologies developed by the Manufacturing USA Network activities from domestic sources, as appropriate. 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. 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). 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 (1)(C). Section 34(h) of the National Institute of Standards and Technology Act ( 15 U.S.C. 278s(h) ) is amended by adding at the end the following: The National Program Office shall establish or designate a council of heads of any Manufacturing USA institute receiving Federal funding at any given time to foster collaboration between Manufacturing USA institutes. The council established or designated under subparagraph

(A)shall meet not less frequently than twice each year. The council established under subparagraph

(A)shall assist the National Program Office in carrying out the functions of the National Program Office under paragraph (2). . Not later than 180 days after the date on which the council is established under section 34(h)(7)(A) of the National Institute of Standards and Technology Act, as added by paragraph (1), the council shall submit to the National Program Office a report containing recommendations for improving inter-network collaboration. Not later than 30 days after the date on which the report required by paragraph

(2)is submitted to the National Program Office, the Director of the National Institute of Standards and Technology shall submit such report to the Committee on Commerce, Science, and Transportation, the Committee on Energy and Natural Resources, and the Committee on Armed Services of the Senate and the Committee on Science, Space, and Technology of the House of Representatives. Section 34(h)(2)(C) of the National Institute of Standards and Technology Act ( 15 U.S.C. 278s(h)(2)(C) ) is amended by inserting , including a strategy for retaining domestic public benefits from Manufacturing USA institutes once Federal funding has been discontinued after Program . Section 34(h)(2)(J) of the National Institute of Standards and Technology Act ( 15 U.S.C. 278s(h)(2)(J) ) is amended by inserting , including the development of industry credentials after activities .

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