American Manufacturing Leadership Act

IIB 116TH CONGRESS 1ST SESSION H. R. 2397 IN THE SENATE OF THE UNITED STATES JULY 24, 2019 Received; read twice and referred to the Committee on Commerce, Science, and Transportation AN ACT To amend the National Institute of Standards and Tech- nology Act to make changes to the implementation of the Manufacturing USA Network, and for other pur- poses. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 23:17 Jul 24, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2397.RFS H2397 kjohnson on DSK79L0C42 with BILLS 2 HR 2397 RFS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘American Manufac- 2 turing Leadership Act’’. 3 SEC. 2. CHANGES IN IMPLEMENTATION OF MANUFAC- 4 TURING USA. 5 Section 34 of the National Institute of Standards and 6 Technology Act (15 U.S.C. 278s) is amended— 7 (1) in the section heading by striking ‘‘NET- 8 WORK FOR MANUFACTURING INNOVATION’’ and 9 inserting ‘‘MANUFACTURING USA NETWORK’’; 10 (2) by striking ‘‘centers for manufacturing in- 11 novation’’ each place it appears in subsections 12 (a)(3)(B), (b)(1), (d), (g), and (i) and inserting 13 ‘‘Manufacturing USA institutes’’; 14 (3) by striking ‘‘center for manufacturing inno- 15 vation’’ each place it appears in subsections (d)(1), 16 (d)(4)(E), (g), and (h)(1) and inserting ‘‘Manufac- 17 turing USA institute’’; 18 (4) by striking ‘‘center’’ each place it appears 19 in subsection (d)(2), (d)(4)(E), and (d)(5) and in- 20 serting ‘‘Manufacturing USA institute’’; 21 (5) in subsection (a)— 22 (A) in the subsection heading, by striking 23 ‘‘NETWORK FOR MANUFACTURING INNOVATION 24 PROGRAM’’ and inserting ‘‘MANUFACTURING 25 USA PROGRAM’’; 26 VerDate Sep 11 2014 23:17 Jul 24, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2397.RFS H2397 kjohnson on DSK79L0C42 with BILLS 3 HR 2397 RFS (B) in paragraph (1), by striking ‘‘ ‘Net- 1 work for Manufacturing Innovation Program’ ’’ 2 and inserting ‘‘ ‘Manufacturing USA Pro- 3 gram’ ’’; 4 (C) in paragraph (2)— 5 (i) in subparagraph (G), by striking 6 ‘‘and’’ at the end; 7 (ii) in subparagraph (H), by striking 8 the period at the end and inserting ‘‘; 9 and’’; and 10 (iii) by adding at the end the fol- 11 lowing: 12 ‘‘(I) to contribute to the development of re- 13 gional manufacturing innovation clusters across 14 the Nation.’’; and 15 (D) in paragraph (3)(A), by striking ‘‘Net- 16 work for Manufacturing Innovation’’ and insert- 17 ing ‘‘Manufacturing USA Network’’; 18 (6) in subsection (b)— 19 (A) in the subsection heading, by striking 20 ‘‘NETWORK FOR MANUFACTURING INNOVA- 21 TION’’ and inserting ‘‘MANUFACTURING USA 22 NETWORK’’; and 23 VerDate Sep 11 2014 23:17 Jul 24, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2397.RFS H2397 kjohnson on DSK79L0C42 with BILLS 4 HR 2397 RFS (B) in paragraph (2), by striking ‘‘ ‘Net- 1 work for Manufacturing Innovation’ ’’ and in- 2 serting ‘‘ ‘Manufacturing USA Network’ ’’; 3 (7) in subsection (c)— 4 (A) in the subsection heading, by striking 5 ‘‘CENTERS FOR MANUFACTURING INNOVA- 6 TION’’ and inserting ‘‘MANUFACTURING USA 7 INSTITUTES’’; 8 (B) in paragraph (1)— 9 (i) in the matter preceding subpara- 10 graph (A), by striking ‘‘ ‘center for manu- 11 facturing innovation’ is a center’’ and in- 12 serting ‘‘ ‘Manufacturing USA institute’ is 13 an institute’’; 14 (ii) by striking ‘‘Secretary’’ each place 15 it appears in subparagraph (C) and (D) 16 and inserting ‘‘agency head’’; 17 (C) in paragraph (2)— 18 (i) in the matter preceding subpara- 19 graph (A), by striking ‘‘center for manu- 20 facturing innovation’’ and inserting ‘‘Man- 21 ufacturing USA institute’’; 22 (ii) by striking subparagraph (E); 23 (iii) by redesignating subparagraphs 24 (A), (B), (C), and (D) as clauses (i), (ii), 25 VerDate Sep 11 2014 23:17 Jul 24, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2397.RFS H2397 kjohnson on DSK79L0C42 with BILLS 5 HR 2397 RFS (iii), and (iv), respectively, and moving the 1 margins of such clauses (as so redesig- 2 nated) two ems to the right; 3 (iv) in the matter preceding clause (i) 4 (as so redesignated), by striking ‘‘Activities 5 of a Manufacturing USA institute may in- 6 clude’’ and inserting the following: 7 ‘‘(A) REQUIRED ACTIVITIES.—Activities of 8 a Manufacturing USA institute shall include’’; 9 (v) in clause (i), as so redesignated, 10 by striking ‘‘cost, time, and risk’’ and in- 11 serting ‘‘cost, time, or risk’’; 12 (vi) in clause (ii), as so redesignated, 13 by inserting before the period at the end 14 the following: ‘‘addressing workforce needs 15 through training and education programs 16 at all appropriate education levels, includ- 17 ing programs on applied engineering’’; 18 (vii) in clause (iii), as so redesignated, 19 by inserting before the period at the end 20 the following: ‘‘, as appropriate’’; 21 (viii) in clause (iv), as so redesig- 22 nated, by striking ‘‘women and minority 23 owned’’ and inserting ‘‘women, minority, 24 and veteran owned’’ 25 VerDate Sep 11 2014 23:17 Jul 24, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2397.RFS H2397 kjohnson on DSK79L0C42 with BILLS 6 HR 2397 RFS (ix) by inserting after clause (iv) (as 1 so redesignated) the following: 2 ‘‘(v) Development of roadmaps or 3 leveraging of existing roadmaps with re- 4 spect to technology areas being pursued by 5 that Manufacturing USA institute that 6 take into account the research and develop- 7 ment undertaken at other Manufacturing 8 USA institutes and Federal agencies with 9 respect to such areas.’’; and 10 (x) by adding at the end the following: 11 ‘‘(B) PERMISSIBLE ACTIVITIES.—Activities 12 of a Manufacturing USA institute may include 13 such other activities as the agency head, in con- 14 sultation with Federal departments and agen- 15 cies whose missions contribute to, or are af- 16 fected by, advanced manufacturing, considers 17 consistent with the purposes described in sub- 18 section (a)(2).’’; and 19 (D) in paragraph (3)— 20 (i) in subparagraph (A), by striking 21 ‘‘centers for manufacturing innovation’’ 22 and inserting ‘‘Manufacturing USA insti- 23 tutes’’; 24 VerDate Sep 11 2014 23:17 Jul 24, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2397.RFS H2397 kjohnson on DSK79L0C42 with BILLS 7 HR 2397 RFS (ii) in subparagraph (B), by striking 1 ‘‘center for manufacturing innovation’’ and 2 inserting ‘‘Manufacturing USA institute’’; 3 and 4 (iii) by adding at the end the fol- 5 lowing: 6 ‘‘(C) APPLICATION.—Effective beginning 7 on the date of the enactment of the American 8 Manufacturing Leadership Act, an institute 9 shall be subject to subsections (a)(2), (c), and 10 (d) in the same manner and to the same extent 11 as such provisions apply to a Manufacturing 12 USA institute established pursuant to this sec- 13 tion if such institute— 14 ‘‘(i)(I) is, as of such date of enact- 15 ment, considered a Manufacturing USA in- 16 stitute under subparagraph (A) or recog- 17 nized as a Manufacturing USA institute 18 under subparagraph (B); and 19 ‘‘(II) as of such date of enactment, re- 20 ceives Federal financial assistance under 21 subsection (d) or otherwise consistent with 22 the purposes of this section; or 23 VerDate Sep 11 2014 23:17 Jul 24, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H2397.RFS H2397 kjohnson on DSK79L0C42 with BILLS 8 HR 2397 RFS ‘‘(ii) is under pending agency review 1 for such recognition as of such date of en- 2 actment.’’; 3 (8) in subsection (d)— 4 (A) in paragraph (1)— 5 (i) by striking ‘‘Secretary’’ and insert- 6 ing ‘‘agency head’’; and 7 (ii) by inserting ‘‘for a period of not 8 less than 5 and not more than 7 years’’ 9 after ‘‘financial assistance’’; 10 (B) in paragraph (2), by striking ‘‘Sec- 11 retary’’ each place it appears and inserting 12 ‘‘agency head’’; 13 (C) by striking paragraph (3); 14 (D) in paragraph (4)— 15 (i) by amending subparagraph (A) to 16 read as follows: 17 ‘‘(A) COMPETITIVE, MERIT REVIEW.—In 18 awarding financial assistance under paragraph 19 (1), the agency head shall— 20 ‘‘(i) use a competitive, merit review 21 process that includes peer review by a di- 22 verse group of individuals with relevant ex- 23 pertise from both the private and public 24 sectors; and 25 VerDate Sep 11 2014 23:17 Jul 24, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H2397.RFS H2397 kjohnson on DSK79L0C42 with BILLS 9 HR 2397 RFS ‘‘(ii) ensure that the technology focus 1 of a Manufacturing USA institute does not 2 substantially duplicate the technology focus 3 of any other Manufacturing USA insti- 4 tute.’’; 5 (ii) in subparagraph (B)(i), by strik- 6 ing ‘‘Secretary’’ and inserting ‘‘agency 7 head’’; 8 (iii) by amending subparagraph (C) to 9 read as follows: 10 ‘‘(C) PERFORMANCE MEASUREMENT, 11 TRANSPARENCY, AND ACCOUNTABILITY.—For 12 each award of financial assistance under para- 13 graph (1), the agency head shall develop and 14 implement metrics-based performance standards 15 to assess the effectiveness of activities funded in 16 making progress toward the purposes of the 17 Program, including the effectiveness of Manu- 18 facturing USA institutes in advancing tech- 19 nology readiness levels or manufacturing readi- 20 ness levels.’’; 21 (iv) in subparagraph (D), by striking 22 ‘‘the Secretary shall’’ and all that follows 23 through ‘‘collaborate’’ and inserting the 24 following: ‘‘the agency head, in coordina- 25 VerDate Sep 11 2014 23:17 Jul 24, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H2397.RFS H2397 kjohnson on DSK79L0C42 with BILLS 10 HR 2397 RFS tion with the National Program Office, as 1 appropriate, shall collaborate’’; and 2 (v) in subparagraph (E)— 3 (I) in the matter preceding clause 4 (i), by striking ‘‘Secretary’’ and in- 5 serting ‘‘agency head’’; and 6 (II) in clause (x), by striking 7 ‘‘center for manufacturing’’ and in- 8 serting ‘‘Manufacturing USA insti- 9 tute’’; and 10 (E) in paragraph (5)— 11 (i) by amending subparagraph (A) to 12 read as follows: 13 ‘‘(A) TERM OF AWARD.— 14 ‘‘(i) IN GENERAL.—Subject to clause 15 (ii), an award made to a Manufacturing 16 USA institute may be renewed for an addi- 17 tional period not to exceed the duration of 18 the original funding award, subject to a 19 rigorous merit review. In awarding addi- 20 tional funds, the agency head shall con- 21 sider the extent to which the institute has 22 made progress in achieving the purposes 23 described in subsection (a) and carrying 24 VerDate Sep 11 2014 23:17 Jul 24, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H2397.RFS H2397 kjohnson on DSK79L0C42 with BILLS 11 HR 2397 RFS out the activities specified in subsection 1 (c)(2). 2 ‘‘(ii) EXISTING INSTITUTES.—Not- 3 withstanding clause (i), an institute al- 4 ready in existence or undergoing a renewal 5 process on the date of enactment of the 6 American Manufacturing Leadership Act— 7 ‘‘(I) may continue to receive sup- 8 port for the duration of the original 9 funding award beginning on the date 10 of establishment of that institute; and 11 ‘‘(II) shall be eligible for renewal 12 of that funding pursuant to clause 13 (i).’’; 14 (ii) in subparagraph (B), by striking 15 ‘‘Secretary’’ each place it appears and in- 16 serting ‘‘agency head’’; and 17 (iii) by striking subparagraph (C); 18 (9) by amending subsection (e) to read as fol- 19 lows: 20 ‘‘(e) GRANT PROGRAM FOR PUBLIC SERVICE ACTIVI- 21 TIES FOR MANUFACTURING USA INSTITUTES WITHOUT 22 FEDERAL FUNDING.—The Secretary may award grants 23 on a competitive basis to Manufacturing USA institutes 24 that are no longer recognized as such under subsection 25 VerDate Sep 11 2014 23:17 Jul 24, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H2397.RFS H2397 kjohnson on DSK79L0C42 with BILLS 12 HR 2397 RFS (c)(3)(C) to carry out workforce development, outreach to 1 small- and medium-sized manufacturers, and other activi- 2 ties that— 3 ‘‘(1) are determined by the Secretary to be in 4 the national interest; and 5 ‘‘(2) are unlikely to receive private sector finan- 6 cial support.’’; 7 (10) in subsection (f)— 8 (A) in paragraph (1), by striking ‘‘Net- 9 work for Manufacturing Innovation Program’’ 10 and inserting ‘‘Manufacturing USA Program’’; 11 (B) in paragraph (2)— 12 (i) in subparagraph (E), by striking 13 ‘‘and’’ at the end; 14 (ii) in subparagraph (F), by striking 15 the period at the end and inserting a semi- 16 colon; and 17 (iii) by adding at the end the fol- 18 lowing: 19 ‘‘(G) to work with non-sponsoring Federal 20 agencies to explore and develop options for 21 sponsoring Manufacturing USA institutes at 22 such agencies; 23 ‘‘(H) to work with sponsoring Federal 24 agencies to develop and implement network- 25 VerDate Sep 11 2014 23:17 Jul 24, 2019 Jkt 089200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H2397.RFS H2397 kjohnson on DSK79L0C42 with BILLS 13 HR 2397 RFS wide performance goals with measurable targets 1 and timelines; 2 ‘‘(I) to help develop pilot programs that 3 may be implemented by the Manufacturing 4 USA institutes to address specific purposes of 5 the Program, including to accelerate technology 6 transfer to the private sector; and 7 ‘‘(J) to identify and disseminate best prac- 8 tices for workforce education and training 9 across Manufacturing USA institutes and fur- 10 ther enhance collaboration among Manufac- 11 turing USA institutes in developing and imple- 12 menting such practices.’’; and 13 (C) by amending paragraph (5) to read as 14 follows: 15 ‘‘(5) HOLLINGS MANUFACTURING EXTENSION 16 PARTNERSHIP.—The Secretary shall ensure that the 17 National Program Office incorporates the Hollings 18 Manufacturing Extension Partnership into Program 19 planning to ensure— 20 ‘‘(A) significant outreach to, participation 21 of, and engagement of small- and medium-sized 22 manufacturers in Manufacturing USA insti- 23 tutes across the entirety of the manufacturing 24 supply chain; and 25 VerDate Sep 11 2014 23:17 Jul 24, 2019 Jkt 089200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H2397.RFS H2397 kjohnson on DSK79L0C42 with BILLS 14 HR 2397 RFS ‘‘(B) that the results of the Program, in- 1 cluding technologies developed by the Program, 2 reach small- and medium-sized manufacturers 3 and that such entities have access to technical 4 assistance, as appropriate, in deploying those 5 technologies.’’; 6 (11) in subsection (g)— 7 (A) in paragraph (1)(A)— 8 (i) by striking ‘‘The Secretary’’ and 9 all that follows through ‘‘report to the Sec- 10 retary’’ and inserting the following: ‘‘Each 11 agency head shall require each recipient of 12 financial assistance from that agency 13 under subsection (d)(1) [Text truncated for display. 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