[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1240 Introduced in Senate (IS)]

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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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