I 116TH CONGRESS 2D SESSION H. R. 5978 To establish a manufacturing cluster program, and for other purposes. IN THE HOUSE OF REPRESENTATIVES FEBRUARY 26, 2020 Mr. LIPINSKI introduced the following bill; which was referred to the Com- mittee on Energy and Commerce, and in addition to the Committees on Science, Space, and Technology, and Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee con- cerned A BILL To establish a manufacturing cluster 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; SENSE OF CONGRESS. 3 (a) SHORT TITLE.—This Act may be cited as the 4 ‘‘Manufacturing American Dynamism in Entrepreneur- 5 ship and Harnessing Education to Retool Employees Act’’ 6 or the ‘‘MADE HERE Act’’. 7 (b) SENSE OF CONGRESS.—It is the sense of Con- 8 gress that— 9 VerDate Sep 11 2014 23:48 Feb 28, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H5978.IH H5978 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 5978 IH (1) a strong domestic manufacturing base is a 1 national security priority and advances in manufac- 2 turing technology, workforce development, and sup- 3 ply chains contribute to the resilience of the defense 4 industrial base; 5 (2) the manufacturing workforce is aging with 6 no new generation rising up to replace them; 7 (3) the median age of manufacturing workers is 8 above average and rising at a higher rate than the 9 general workforce; 10 (4) this is a national security threat, as well as 11 a threat to the economic prosperity of the United 12 States; 13 (5) there is a shortage of manufacturing and 14 technology educators; 15 (6) there are many workers with some technical 16 or manufacturing skills who are unemployed or un- 17 deremployed because they lack the right skills or 18 certifications to work in advanced manufacturing; 19 (7) such workers include former employees of 20 low-skilled manufacturing plants that have closed, as 21 well as veterans leaving military service; 22 (8) many manufacturing businesses are using 23 legacy equipment with cyber vulnerabilities and do 24 VerDate Sep 11 2014 23:48 Feb 28, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5978.IH H5978 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 5978 IH not have recently trained employees to bring newer 1 equipment online; 2 (9) strengthening the innovation pipeline from 3 fundamental research to technology development to 4 entrepreneurial training can lead to new products, 5 processes, and business models for manufacturers; 6 and 7 (10) expanding the creation and utilization of 8 manufacturing clusters for technology, economic, 9 and workforce development is critical for the future 10 of American competitiveness. 11 SEC. 2. DEFINITIONS. 12 In this Act: 13 (1) The term ‘‘covered agency’’ means each of 14 the following Federal agencies: 15 (A) The National Institute of Standards 16 and Technology. 17 (B) The Department of Energy. 18 (C) The Department of Defense. 19 (2) The term ‘‘Director’’ means the Director of 20 the Office of Science and Technology Policy. 21 (3) The term ‘‘eligible manufacturing cluster’’ 22 means a manufacturing cluster that consists of— 23 VerDate Sep 11 2014 23:48 Feb 28, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5978.IH H5978 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 5978 IH (A) entities with physical presence in the 1 United States and with majority United States 2 ownership; and 3 (B) at least two of the following: 4 (i) Institutions of higher education. 5 (ii) High schools. 6 (iii) Service member and veteran edu- 7 cation programs carried out by the Sec- 8 retary of Defense. 9 (iv) Private sector companies, includ- 10 ing small- and medium-sized manufactur- 11 ers. 12 (v) Nonprofit organizations, including 13 Labor organizations. 14 (vi) State and local government agen- 15 cies. 16 (vii) Federally funded entities includ- 17 ing the Manufacturing USA Institutes and 18 Manufacturing Extension Partnership, na- 19 tional laboratories, and FFRDC’s. 20 (viii) Other entities at the discretion 21 of the Director. 22 (4) The term ‘‘manufacturing cluster’’ means a 23 geographic concentration of companies and institu- 24 tions within a particular field of manufacturing that 25 VerDate Sep 11 2014 23:48 Feb 28, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H5978.IH H5978 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 5978 IH engage or propose to engage collaboratively in work- 1 force development, technology development, supply 2 chain sourcing, and other activities. 3 SEC. 3. INTERAGENCY ENTITY. 4 (a) IN GENERAL.—The Director shall establish or 5 designate an interagency entity (hereinafter referred to as 6 the ‘‘entity’’) to oversee and coordinate the activities of 7 manufacturing cluster programs at Federal agencies. The 8 entity shall be chaired by the Director of the Office of 9 Science and Technology Policy, the Director of the Na- 10 tional Institute of Standards and Technology, the Sec- 11 retary of Energy, and the Secretary of Defense. 12 (b) MEMBERS.—The entity established under sub- 13 section (a) shall be appointed by representatives of Fed- 14 eral entities and may include representatives of the fol- 15 lowing (or successor entities): 16 (1) The Office of Advanced Manufacturing of 17 the National Institute of Standards and Technology. 18 (2) The Office of the Undersecretary of Defense 19 for Acquisition and Sustainment of the Department 20 of Defense. 21 (3) The Office of the Under Secretary of De- 22 fense for Research and Engineering of the Depart- 23 ment of Defense. 24 VerDate Sep 11 2014 23:48 Feb 28, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H5978.IH H5978 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 5978 IH (4) The Advanced Manufacturing Office of the 1 Office of Energy Efficiency and Renewable Energy 2 of the Department of Energy. 3 (5) The Center for Devices and Radiological 4 Health of the Food and Drug Administration. 5 (6) The Office of Innovation and Entrepreneur- 6 ship of the Economic Development Administration of 7 the Department of Commerce. 8 (7) The National Science Foundation. 9 (8) The Workforce Investment Boards of the 10 Department of Labor. 11 (9) Not fewer than five State Workforce Invest- 12 ment Boards from geographically diverse regions of 13 the United States. 14 (10) The Office of Career, Technical, and Adult 15 Education of the Department of Education. 16 (11) The Transition Assistance Program of the 17 Department of Veterans Affairs. 18 (12) Representatives of additional entities, as 19 the Director may specify. 20 (c) COORDINATION.—In convening the entity, the Di- 21 rector of OSTP is encouraged to consider overlap and co- 22 ordination with existing committees, subcommittees, or 23 other groups under the National Science and Technology 24 VerDate Sep 11 2014 23:48 Feb 28, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H5978.IH H5978 kjohnson on DSK79L0C42PROD with BILLS 7 •HR 5978 IH Council such as the Committee on Technology Advanced 1 Manufacturing Subcommittee. 2 (d) DUTIES.—The duties of the entity are the fol- 3 lowing: 4 (1) Developing specific goals and priorities for 5 manufacturing cluster programs based on the Na- 6 tional Strategic Plan for Advanced Manufacturing. 7 (2) Providing guidance to agencies relating to 8 the competitive selection process and selection cri- 9 teria for manufacturing clusters. 10 (3) Facilitating coordination among manufac- 11 turing cluster programs throughout the Federal 12 Government. 13 (4) Providing guidance to, and facilitating best 14 practices sharing among, Federal agencies hosting 15 manufacturing cluster programs on mentoring, 16 training, courses, and other resources provided to 17 clusters. 18 (e) REPORTS.—Beginning one year after the date of 19 the enactment of this Act and triennially thereafter, the 20 entity shall submit to the appropriate committees of Con- 21 gress a report on all manufacturing cluster programs car- 22 ried out pursuant to this Act. Such report shall include— 23 (1) an overview of the activities of the manufac- 24 turing clusters; and 25 VerDate Sep 11 2014 23:48 Feb 28, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H5978.IH H5978 kjohnson on DSK79L0C42PROD with BILLS 8 •HR 5978 IH (2) an assessment of the progress of such clus- 1 ters in advancing the goals and priorities developed 2 by the entity. 3 (f) APPLICATION OF THE FEDERAL ADVISORY COM- 4 MITTEE ACT.—The Federal Advisory Committee Act (5 5 U.S.C. App.) shall not apply with respect to the entity. 6 (g) SUNSET.—The entity shall terminate on Decem- 7 ber 31, 2029. 8 SEC. 4. MANUFACTURING CLUSTER PROGRAMS. 9 (a) IN GENERAL.—The head of each covered agency 10 shall establish a manufacturing cluster program under 11 which the head of such covered agency, over three distinct 12 phases described in subsection (d), awards resources and 13 grants to, or enter cooperative agreements with eligible 14 manufacturing clusters. 15 (b) SELECTION.— 16 (1) SELECTION CRITERIA.— 17 (A) IN GENERAL.—The head of each cov- 18 ered agency shall, taking into account guidance 19 issued by the entity established under section 3, 20 establish selection criteria for the selection of 21 resource and grant recipients under the manu- 22 facturing cluster program established by such 23 agency. Such criteria shall include— 24 VerDate Sep 11 2014 23:48 Feb 28, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H5978.IH H5978 kjohnson on DSK79L0C42PROD with BILLS 9 •HR 5978 IH (i) the collaborativeness of the pro- 1 posal, as evidenced by whether the pro- 2 posed activities inherently benefit from col- 3 laboration between two or more member 4 entities in a cluster, such as shared train- 5 ing programs or facilities, collaborative re- 6 search, development, and demonstration, 7 or shared supply chain development; 8 (ii) the innovativeness of the idea, as 9 determined by the review panel under 10 paragraph (2); 11 (iii) the ability of the cluster to carry 12 out the proposal; 13 (iv) the impact of the proposed activ- 14 ity on the local, regional, and national 15 manufacturing economy and workforce; 16 (v) the sustainability and long-term 17 impact of the proposed cluster; and 18 (vi) the degree to which the proposal 19 aims to leverage, coordinate with, and is 20 strategically aligned with ongoing efforts, 21 such as— 22 (I) voluntary education programs 23 of the Department of Defense under 24 VerDate Sep 11 2014 23:48 Feb 28, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H5978.IH H5978 kjohnson on DSK79L0C42PROD with BILLS 10 •HR 5978 IH part 68 of title 32, Code of Federal 1 Regulations; 2 (II) Manufacturing USA Insti- 3 tutes; 4 (III) Manufacturing Extension 5 Partnerships initiatives, including the 6 State Policy Academy; 7 (IV) the Investing in Manufac- 8 turing Communities Partnership sites; 9 (V) the Manufacturing Tech- 10 nology Program of the Department of 11 Defense established under section 12 2521 of title 10, United States Code; 13 (VI) State workforce investment 14 programs; and 15 (VII) additional criteria as speci- 16 fied by the Director. 17 (B) MATCHING FUNDS.—The selection cri- 18 teria established under subparagraph (A) may 19 include the amount of matching funds available. 20 Proposals shall not be required to include the 21 provision of matching funds by the cluster re- 22 ceiving the grant involved. 23 (2) REVIEW PANEL.— 24 VerDate Sep 11 2014 23:48 Feb 28, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H5978.IH H5978 kjohnson on DSK79L0C42PROD with BILLS 11 •HR 5978 IH (A) IN GENERAL.—The head of each cov- 1 ered agency shall each appoint a review panel, 2 to be comprised of not fewer than 9 individuals 3 that are experts in advanced manufacturing, to 4 evaluate manufacturing cluster proposals based 5 on the criteria set by such head of a covered 6 agency under paragraph (1)(A) and to rec- 7 ommend eligible manufacturing clusters to such 8 head of each covered agency for selection for 9 each phase of the program. 10 (B) OUTSIDE ENTITY.—The head of each 11 covered agency may contract with an outside 12 entity to administer a competitive selection 13 process based on the criteria established by the 14 head of each covered agency under paragraph 15 (1)(A). 16 (c) USE OF FUNDS.—An eligible manufacturing clus- 17 ter may use grant funds under paragraphs (2) and (3) 18 of subsection (d) to— 19 (1) develop and deploy training and educational 20 programs and facilities to benefit multiple cluster 21 members; 22 (2) fund efforts with respect to supply chain 23 sourcing and innovation; 24 VerDate Sep 11 2014 23:48 Feb 28, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H5978.IH H5978 kjohnson on DSK79L0C42PROD with BILLS 12 •HR 5978 IH (3) fund collaborative research, development, 1 and demonstration; 2 (4) develop shared infrastructure or resources 3 for production, transportation, cybersecurity, and 4 workforce development among members of the clus- 5 ter; 6 (5) convene workshops and other forums to im- 7 prove alignment among participants in the regional 8 manufacturing economy; and 9 (6) strengthen ties and relationships within the 10 cluster and assess the impact of the cluster on the 11 region. 12 (d) PROGRAM PHASES.— 13 (1) PHASE 1.— 14 (A) IN GENERAL.—For the first phase of 15 the program (referred to in this section as 16 ‘‘Phase 1’’), the head of each covered agency 17 shall select eligible manufacturing clusters for 18 an award described in subparagraph (C) for the 19 purpose of assisting such eligible manufacturing 20 clusters in the development of a detailed imple- 21 mentation plan for each proposal submitted 22 under subparagraph (B). 23 VerDate Sep 11 2014 23:48 Feb 28, 2020 Jkt 099200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H5978.IH H5978 kjohnson on DSK79L0C42PROD with BILLS 13 •HR 5978 IH (B) APPLICATION.—An eligible manufac- 1 turing cluster applying for Phase 1 shall submit 2 an application containing a description of— 3 (i) the members of the cluster; 4 (ii) the needs of the local, regional, 5 and national manufacturing economy and 6 workforce that the cluster intends to ad- 7 dress; 8 (iii) a proposal for activities described 9 in subsection (c) to address such needs; 10 and 11 (iv) a plan for transition of manufac- 12 turing cluster activities to the private sec- 13 tor. 14 (C) AWARD.—The head of each covered 15 agency may provide an eligible manufacturing [Text truncated for display. Full text available on Congress.gov.]