Manufacturing USA Expansion Act of 2021

II 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Manufacturing USA 4 Expansion Act of 2021’’. 5 SEC. 2. EXPANSION AND ENHANCEMENT OF MANUFAC- 6 TURING USA PROGRAM. 7 (a) DEFINITIONS.—In this section: 8 (1) HISTORICALLY BLACK COLLEGE OR UNI- 9 VERSITY.—The term ‘‘historically Black college or 10 VerDate Sep 11 2014 00:59 May 14, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1240.IS S1240 kjohnson on DSK79L0C42PROD with BILLS 2 •S 1240 IS university’’ has the meaning given the term ‘‘part B 1 institution’’ in section 322 of the Higher Education 2 Act of 1965 (20 U.S.C. 1061)). 3 (2) LABOR ORGANIZATION.—The term ‘‘labor 4 organization’’ has the meaning given such term in 5 section 8A(a) of the National Science Foundation 6 Act of 1950. 7 (3) MANUFACTURING USA CENTER.—The term 8 ‘‘Manufacturing USA center’’ means an institute de- 9 scribed in section 34(d)(3)(B) of the National Insti- 10 tute of Standards and Technology Act (15 U.S.C. 11 278s(d)(3)(B)) and recognized by the Secretary 12 under such section for purposes of participation in 13 the Manufacturing USA Network. 14 (4) MANUFACTURING USA INSTITUTE.—The 15 term ‘‘Manufacturing USA institute’’ means an in- 16 stitute described in section 34(d) of the National In- 17 stitute of Standards and Technology Act (15 U.S.C. 18 278s(d)) that is not a Manufacturing USA center. 19 (5) MANUFACTURING USA NETWORK.—The 20 term ‘‘Manufacturing USA Network’’ means the 21 network established under section 34(c) of the Na- 22 tional Institute of Standards and Technology Act 23 (15 U.S.C. 278s(c)). 24 VerDate Sep 11 2014 00:59 May 14, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1240.IS S1240 kjohnson on DSK79L0C42PROD with BILLS 3 •S 1240 IS (6) MANUFACTURING USA PROGRAM.—The 1 term ‘‘Manufacturing USA Program’’ means the 2 program established under section 34(b)(1) of the 3 National Institute of Standards and Technology Act 4 (15 U.S.C. 278s(b)(1)). 5 (7) MINORITY-SERVING INSTITUTION.—The 6 term ‘‘minority-serving institution’’ means an eligi- 7 ble institution described in section 371(a) of the 8 Higher Education Act of 1965 (20 U.S.C. 9 1067q(a)). 10 (8) NATIONAL PROGRAM OFFICE.—The term 11 ‘‘National Program Office’’ means the National Pro- 12 gram Office established under section 34(h)(1) of 13 the National Institute of Standards and Technology 14 Act (15 U.S.C. 278s(h)(1)). 15 (9) TRIBAL COLLEGE OR UNIVERSITY.—The 16 term ‘‘Tribal college or university’’ has the meaning 17 given the term in section 316(b)(3) of the Higher 18 Education Act of 1965 (20 U.S.C. 1059c(b)(3)). 19 (b) AUTHORIZATION OF APPROPRIATIONS TO EN- 20 HANCE AND EXPAND MANUFACTURING USA PROGRAM 21 AND SUPPORT INNOVATION AND GROWTH IN DOMESTIC 22 MANUFACTURING.— 23 (1) IN GENERAL.—There is authorized to be 24 appropriated $2,410,000,000 for the period of fiscal 25 VerDate Sep 11 2014 00:59 May 14, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1240.IS S1240 kjohnson on DSK79L0C42PROD with BILLS 4 •S 1240 IS years 2022 through 2026 for the Secretary of Com- 1 merce, acting through the Director of the National 2 Institute of Standards and Technology and in co- 3 ordination with the Secretary of Energy, the Sec- 4 retary of Defense, and the heads of such other Fed- 5 eral agencies as the Secretary of Commerce con- 6 siders relevant, to carry out the Manufacturing USA 7 Program and to expand such program to support in- 8 novation and growth in domestic manufacturing. 9 (2) MANUFACTURING USA INSTITUTES.— 10 (A) IN GENERAL.—Of the amounts appro- 11 priated pursuant to the authorization of appro- 12 priations in paragraph (1), $1,190,000,000 13 shall be available to support the establishment 14 of new Manufacturing USA institutes during 15 the period described in such paragraph. 16 (B) FINANCIAL ASSISTANCE.—The Sec- 17 retary shall support the establishment of Manu- 18 facturing USA institutes under subparagraph 19 (A) through the award of financial assistance 20 under section 34(e) of the National Institute of 21 Standards and Technology Act (15 U.S.C. 22 278s(e)). 23 (C) ASSIGNMENT OF MANUFACTURING USA 24 INSTITUTES TO FEDERAL AGENCY SPONSORS.— 25 VerDate Sep 11 2014 00:59 May 14, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1240.IS S1240 kjohnson on DSK79L0C42PROD with BILLS 5 •S 1240 IS Following an open topic competition organized 1 by the Director of the National Institute of 2 Standards and Technology, the Secretary of 3 Commerce, in consultation with the Secretary of 4 Energy, the Secretary of Defense, and other 5 relevant Federal agencies, may select an alter- 6 native Federal agency to sponsor a selected 7 Manufacturing USA institute based on its tech- 8 nology and may transfer the appropriate funds 9 to that alternative Federal agency for operation 10 and programming of the selected Manufac- 11 turing USA institute. 12 (D) COORDINATION WITH EXISTING MANU- 13 FACTURING USA INSTITUTES.— 14 (i) COORDINATION REQUIRED.—In es- 15 tablishing new Manufacturing USA insti- 16 tutes under subparagraph (A), the Sec- 17 retary of Commerce shall coordinate with 18 the Secretary of Energy and the Secretary 19 of Defense to ensure there is no duplica- 20 tion of effort or technology focus between 21 new Manufacturing USA institutes and 22 Manufacturing USA institutes that were in 23 effect before the establishment of the new 24 Manufacturing USA institutes. 25 VerDate Sep 11 2014 00:59 May 14, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1240.IS S1240 kjohnson on DSK79L0C42PROD with BILLS 6 •S 1240 IS (ii) CONSULTATION WITH EXISTING 1 MANUFACTURING USA INSTITUTES AU- 2 THORIZED.—In carrying out coordination 3 under clause (i), the Secretary of Com- 4 merce may consult with Manufacturing 5 USA institutes that were in effect before 6 the establishment of new Manufacturing 7 USA institutes under subparagraph (A) to 8 inform the Department of Commerce of 9 additional new Manufacturing USA insti- 10 tutes necessary to fill gaps in the support 11 of innovation and growth in domestic man- 12 ufacturing. 13 (iii) INVOLVEMENT OF EXISTING MAN- 14 UFACTURING USA INSTITUTES AUTHOR- 15 IZED.—In coordination with the Secretary 16 of Energy and the Secretary of Defense, 17 the Secretary of Commerce may involve 18 Manufacturing USA institutes that were in 19 effect before the establishment of new 20 Manufacturing USA institutes under sub- 21 paragraph (A) in the planning and execu- 22 tion of the new Manufacturing USA insti- 23 tutes. 24 VerDate Sep 11 2014 00:59 May 14, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1240.IS S1240 kjohnson on DSK79L0C42PROD with BILLS 7 •S 1240 IS (3) MANUFACTURING USA CENTERS AND PUB- 1 LIC SERVICE GRANTS.—Of the amounts appropriated 2 pursuant to the authorization of appropriations in 3 paragraph (1), $375,000,000 shall be available for 4 the period described in such paragraph— 5 (A) for the Secretary, acting through the 6 Director and in consultation with the Secretary 7 of Energy, the Secretary of Defense, and the 8 heads of such other Federal agencies as the 9 Secretary of Commerce considers relevant, to 10 recognize additional institutes as Manufacturing 11 USA institutes under section 34(d)(3)(B) of the 12 National Institute of Standards and Technology 13 Act (15 U.S.C. 278s(d)(3)(B)), giving par- 14 ticular consideration to partnerships and coordi- 15 nation with the Manufacturing USA institutes 16 that were already in effect, when practicable; 17 and 18 (B) to support the activities of Manufac- 19 turing USA institutes and Manufacturing USA 20 centers through the award of grants under sec- 21 tion 34(f) of the National Institute of Stand- 22 ards and Technology Act (15 U.S.C. 278s(f)). 23 (4) COMMERCIALIZATION, WORKFORCE TRAIN- 24 ING, AND SUPPLY CHAIN INVESTMENT.—Of the 25 VerDate Sep 11 2014 00:59 May 14, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1240.IS S1240 kjohnson on DSK79L0C42PROD with BILLS 8 •S 1240 IS amounts appropriated pursuant to the authorization 1 of appropriations in paragraph (1), $100,000,000 2 shall be available for the period described in such 3 paragraph to support such programming for com- 4 mercialization, workforce training, and supply chain 5 activities across the Manufacturing USA Network as 6 the Secretary considers appropriate in consultation 7 with the Secretary of Energy, the Secretary of De- 8 fense, and the heads of such other Federal agencies 9 as the Secretary of Commerce considers relevant. 10 (5) ONGOING SUPPORT FOR EXISTING MANU- 11 FACTURING USA INSTITUTES.— 12 (A) IN GENERAL.—Of the amounts appro- 13 priated pursuant to the authorization of appro- 14 priations in paragraph (1), $725,000,000 shall 15 be available for the period described in such 16 paragraph to support Manufacturing USA in- 17 stitutes that were in effect on the day before 18 the date of the enactment of this Act, of which 19 $5,000,000 shall be available (without cost 20 share) to each such Manufacturing USA insti- 21 tute each year for such period for ongoing oper- 22 ation of the institutes, including operational 23 overhead, workforce training, and supply chain 24 activities. 25 VerDate Sep 11 2014 00:59 May 14, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1240.IS S1240 kjohnson on DSK79L0C42PROD with BILLS 9 •S 1240 IS (B) ADDITIONAL SUPPORT.— 1 (i) IN GENERAL.—Of the amounts 2 specified in subparagraph (A), amounts 3 shall be available for financial assistance 4 awards to conduct projects as follows: 5 (I) $100,000,000 shall be avail- 6 able for Manufacturing USA insti- 7 tutes that were established under sec- 8 tion 34(e) of the National Institute of 9 Standards and Technology Act (15 10 U.S.C. 278s(e)) and that were in ef- 11 fect on the day before the date of the 12 enactment of this Act. 13 (II) $10,000,000 shall be avail- 14 able each year for the period described 15 in such paragraph for each Manufac- 16 turing USA institute that is not re- 17 ceiving Manufacturing USA Program 18 funding from any other Federal agen- 19 cy. 20 (ii) FEDERAL FUNDS MATCHING RE- 21 QUIREMENT.—A recipient of financial as- 22 sistance for a project under clause (i) shall 23 agree to make available to carry out the 24 project an amount of non-Federal funds 25 VerDate Sep 11 2014 00:59 May 14, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1240.IS S1240 kjohnson on DSK79L0C42PROD with BILLS 10 •S 1240 IS that is equal to or greater than 20 percent 1 of the total cost of the project. 2 (C) RENEWAL REQUIREMENTS.—Receipt 3 of ongoing support under subparagraph (A) 4 shall be subject to the requirements of section 5 34(e)(2)(B) of the National Institute of Stand- 6 ards and Technology Act (15 U.S.C. 7 278s(e)(2)(B)). 8 (D) NO COST SHARE REQUIREMENT.—The 9 Secretary shall not impose any cost share or 10 matching requirement on receipt of ongoing 11 support under subparagraph (A). 12 (6) MANAGEMENT OF INTERAGENCY SOLICITA- 13 TIONS AND ONGOING MANAGEMENT.—Of the 14 amounts appropriated pursuant to the authorization 15 of appropriations in paragraph (1), $20,000,000 16 shall be available annually for the period described 17 in such paragraph for the National Program Office 18 to coordinate the activities of the Manufacturing 19 USA Network and manage interagency solicitations. 20 (c) COORDINATION BETWEEN MANUFACTURING 21 USA PROGRAM AND HOLLINGS MANUFACTURING EXTEN- 22 SION PARTNERSHIP.—The Secretary shall coordinate the 23 activities of the Manufacturing USA Program and the ac- 24 tivities of Hollings Manufacturing Extension Partnership 25 VerDate Sep 11 2014 00:59 May 14, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S1240.IS S1240 kjohnson on DSK79L0C42PROD with BILLS 11 •S 1240 IS with each other to the degree that doing so does not dimin- 1 ish the effectiveness of the ongoing activities of a Manu- 2 facturing USA institute or a Center (as the term is de- 3 fined in section 25(a) of the National Institute of Stand- 4 ards and Technology Act (15 U.S.C. 278k(a)), including 5 Manufacturing USA institutes entering into agreements 6 with a Center (as so defined) that the Secretary considers 7 appropriate to provide services relating to the mission of 8 the Hollings Manufacturing Extension Partnership, in- 9 cluding outreach, technical assistance, workforce develop- 10 ment, and technology transfer and adoption assistance to 11 small- and medium-sized manufacturers. 12 (d) WORKER ADVISORY COUNCIL FOR MANUFAC- 13 TURING USA PROGRAM.— 14 (1) ESTABLISHMENT.— 15 (A) IN GENERAL.—The Secretary of Com- 16 merce shall, in coordination with the Secretary 17 of Labor, the Secretary of Defense, the Sec- 18 retary of Energy, and the Secretary of Edu- 19 cation, establish an advisory council for the 20 Manufacturing USA Program on the develop- 21 ment and dissemination of techniques, policies, 22 and investments for high-road labor practices, 23 worker adaptation and success with techno- 24 VerDate Sep 11 2014 00:59 May 14, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S1240.IS S1240 kjohnson on DSK79L0C42PROD with BILLS 12 •S 1240 IS logical change, and increased worker participa- 1 tion across the Manufacturing USA Network. 2 (B) MEMBERSHIP.—The council estab- 3 lished under subparagraph (A) shall be com- 4 posed of not fewer than 15 members appointed 5 by the Secretary of Commerce, of whom— 6 (i) four shall be from labor organiza- 7 tions; 8 (ii) four shall be from educational in- 9 stitutions; 10 (iii) four shall be from labor-manage- 11 ment training, workforce development, and 12 nonprofit organizations, including those 13 that focus on workforce diversity and in- 14 clusion; and 15 (iv) three shall be from industry orga- 16 nizations or manufacturing firms, includ- 17 ing small- and medium-sized manufactur- 18 ers. 19 (C) PERIOD OF APPOINTMENT; VACAN- 20 CIES.— 21 (i) IN GENERAL.—Each member of 22 the council established under subparagraph 23 (A) shall be appointed for a term of 3 24 VerDate Sep 11 2014 00:59 May 14, 2021 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S1240.IS S1240 kjohnson on DSK79L0C42PROD with BILLS 13 •S 1240 IS years wi [Text truncated for display. 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