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[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2397 Referred in Senate (RFS)]

<DOC>
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 Technology Act to make 
changes to the implementation of the Manufacturing USA Network, 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 ``American Manufacturing Leadership 
Act''.

SEC. 2. CHANGES IN IMPLEMENTATION OF MANUFACTURING USA.

    Section 34 of the National Institute of Standards and Technology 
Act (15 U.S.C. 278s) is amended--
            (1) in the section heading by striking ``network for 
        manufacturing innovation'' and inserting ``manufacturing usa 
        network'';
            (2) by striking ``centers for manufacturing innovation'' 
        each place it appears in subsections (a)(3)(B), (b)(1), (d), 
        (g), and (i) and inserting ``Manufacturing USA institutes'';
            (3) by striking ``center for manufacturing innovation'' 
        each place it appears in subsections (d)(1), (d)(4)(E), (g), 
        and (h)(1) and inserting ``Manufacturing USA institute'';
            (4) by striking ``center'' each place it appears in 
        subsection (d)(2), (d)(4)(E), and (d)(5) and inserting 
        ``Manufacturing USA institute'';
            (5) in subsection (a)--
                    (A) in the subsection heading, by striking 
                ``Network for Manufacturing Innovation Program'' and 
                inserting ``Manufacturing USA Program'';
                    (B) in paragraph (1), by striking ```Network for 
                Manufacturing Innovation Program''' and inserting 
                ```Manufacturing USA Program''';
                    (C) in paragraph (2)--
                            (i) in subparagraph (G), by striking 
                        ``and'' at the end;
                            (ii) in subparagraph (H), by striking the 
                        period at the end and inserting ``; and''; and
                            (iii) by adding at the end the following:
                    ``(I) to contribute to the development of regional 
                manufacturing innovation clusters across the Nation.''; 
                and
                    (D) in paragraph (3)(A), by striking ``Network for 
                Manufacturing Innovation'' and inserting 
                ``Manufacturing USA Network'';
            (6) in subsection (b)--
                    (A) in the subsection heading, by striking 
                ``Network for Manufacturing Innovation'' and inserting 
                ``Manufacturing USA Network''; and
                    (B) in paragraph (2), by striking ```Network for 
                Manufacturing Innovation''' and inserting 
                ```Manufacturing USA Network''';
            (7) in subsection (c)--
                    (A) in the subsection heading, by striking 
                ``Centers for Manufacturing Innovation'' and inserting 
                ``Manufacturing USA Institutes'';
                    (B) in paragraph (1)--
                            (i) in the matter preceding subparagraph 
                        (A), by striking ```center for manufacturing 
                        innovation' is a center'' and inserting 
                        ```Manufacturing USA institute' is an 
                        institute'';
                            (ii) by striking ``Secretary'' each place 
                        it appears in subparagraph (C) and (D) and 
                        inserting ``agency head'';
                    (C) in paragraph (2)--
                            (i) in the matter preceding subparagraph 
                        (A), by striking ``center for manufacturing 
                        innovation'' and inserting ``Manufacturing USA 
                        institute'';
                            (ii) by striking subparagraph (E);
                            (iii) by redesignating subparagraphs (A), 
                        (B), (C), and (D) as clauses (i), (ii), (iii), 
                        and (iv), respectively, and moving the margins 
                        of such clauses (as so redesignated) two ems to 
                        the right;
                            (iv) in the matter preceding clause (i) (as 
                        so redesignated), by striking ``Activities of a 
                        Manufacturing USA institute may include'' and 
                        inserting the following:
                    ``(A) Required activities.--Activities of a 
                Manufacturing USA institute shall include'';
                            (v) in clause (i), as so redesignated, by 
                        striking ``cost, time, and risk'' and inserting 
                        ``cost, time, or risk'';
                            (vi) in clause (ii), as so redesignated, by 
                        inserting before the period at the end the 
                        following: ``addressing workforce needs through 
                        training and education programs at all 
                        appropriate education levels, including 
                        programs on applied engineering'';
                            (vii) in clause (iii), as so redesignated, 
                        by inserting before the period at the end the 
                        following: ``, as appropriate'';
                            (viii) in clause (iv), as so redesignated, 
                        by striking ``women and minority owned'' and 
                        inserting ``women, minority, and veteran 
                        owned''
                            (ix) by inserting after clause (iv) (as so 
                        redesignated) the following:
                            ``(v) Development of roadmaps or leveraging 
                        of existing roadmaps with respect to technology 
                        areas being pursued by that Manufacturing USA 
                        institute that take into account the research 
                        and development undertaken at other 
                        Manufacturing USA institutes and Federal 
                        agencies with respect to such areas.''; and
                            (x) by adding at the end the following:
                    ``(B) Permissible activities.--Activities of a 
                Manufacturing USA institute may include such other 
                activities as the agency head, in consultation with 
                Federal departments and agencies whose missions 
                contribute to, or are affected by, advanced 
                manufacturing, considers consistent with the purposes 
                described in subsection (a)(2).''; and
                    (D) in paragraph (3)--
                            (i) in subparagraph (A), by striking 
                        ``centers for manufacturing innovation'' and 
                        inserting ``Manufacturing USA institutes'';
                            (ii) in subparagraph (B), by striking 
                        ``center for manufacturing innovation'' and 
                        inserting ``Manufacturing USA institute''; and
                            (iii) by adding at the end the following:
                    ``(C) Application.--Effective beginning on the date 
                of the enactment of the American Manufacturing 
                Leadership Act, an institute shall be subject to 
                subsections (a)(2), (c), and (d) in the same manner and 
                to the same extent as such provisions apply to a 
                Manufacturing USA institute established pursuant to 
                this section if such institute--
                            ``(i)(I) is, as of such date of enactment, 
                        considered a Manufacturing USA institute under 
                        subparagraph (A) or recognized as a 
                        Manufacturing USA institute under subparagraph 
                        (B); and
                            ``(II) as of such date of enactment, 
                        receives Federal financial assistance under 
                        subsection (d) or otherwise consistent with the 
                        purposes of this section; or
                            ``(ii) is under pending agency review for 
                        such recognition as of such date of 
                        enactment.'';
            (8) in subsection (d)--
                    (A) in paragraph (1)--
                            (i) by striking ``Secretary'' and inserting 
                        ``agency head''; and
                            (ii) by inserting ``for a period of not 
                        less than 5 and not more than 7 years'' after 
                        ``financial assistance'';
                    (B) in paragraph (2), by striking ``Secretary'' 
                each place it appears and inserting ``agency head'';
                    (C) by striking paragraph (3);
                    (D) in paragraph (4)--
                            (i) by amending subparagraph (A) to read as 
                        follows:
                    ``(A) Competitive, merit review.--In awarding 
                financial assistance under paragraph (1), the agency 
                head shall--
                            ``(i) use a competitive, merit review 
                        process that includes peer review by a diverse 
                        group of individuals with relevant expertise 
                        from both the private and public sectors; and
                            ``(ii) ensure that the technology focus of 
                        a Manufacturing USA institute does not 
                        substantially duplicate the technology focus of 
                        any other Manufacturing USA institute.'';
                            (ii) in subparagraph (B)(i), by striking 
                        ``Secretary'' and inserting ``agency head'';
                            (iii) by amending subparagraph (C) to read 
                        as follows:
                    ``(C) Performance measurement, transparency, and 
                accountability.--For each award of financial assistance 
                under paragraph (1), the agency head shall develop and 
                implement metrics-based performance standards to assess 
                the effectiveness of activities funded in making 
                progress toward the purposes of the Program, including 
                the effectiveness of Manufacturing USA institutes in 
                advancing technology readiness levels or manufacturing 
                readiness levels.'';
                            (iv) in subparagraph (D), by striking ``the 
                        Secretary shall'' and all that follows through 
                        ``collaborate'' and inserting the following: 
                        ``the agency head, in coordination with the 
                        National Program Office, as appropriate, shall 
                        collaborate''; and
                            (v) in subparagraph (E)--
                                    (I) in the matter preceding clause 
                                (i), by striking ``Secretary'' and 
                                inserting ``agency head''; and
                                    (II) in clause (x), by striking 
                                ``center for manufacturing'' and 
                                inserting ``Manufacturing USA 
                                institute''; and
                    (E) in paragraph (5)--
                            (i) by amending subparagraph (A) to read as 
                        follows:
                    ``(A) Term of award.--
                            ``(i) In general.--Subject to clause (ii), 
                        an award made to a Manufacturing USA institute 
                        may be renewed for an additional period not to 
                        exceed the duration of the original funding 
                        award, subject to a rigorous merit review. In 
                        awarding additional funds, the agency head 
                        shall consider the extent to which the 
                        institute has made progress in achieving the 
                        purposes described in subsection (a) and 
                        carrying out the activities specified in 
                        subsection (c)(2).
                            ``(ii) Existing institutes.--
                        Notwithstanding clause (i), an institute 
                        already in existence or undergoing a renewal 
                        process on the date of enactment of the 
                        American Manufacturing Leadership Act--
                                    ``(I) may continue to receive 
                                support for the duration of the 
                                original funding award beginning on the 
                                date of establishment of that 
                                institute; and
                                    ``(II) shall be eligible for 
                                renewal of that funding pursuant to 
                                clause (i).'';
                            (ii) in subparagraph (B), by striking 
                        ``Secretary'' each place it appears and 
                        inserting ``agency head''; and
                            (iii) by striking subparagraph (C);
            (9) by amending subsection (e) to read as follows:
    ``(e) Grant Program for Public Service Activities for Manufacturing 
USA Institutes Without Federal Funding.--The Secretary may award grants 
on a competitive basis to Manufacturing USA institutes that are no 
longer recognized as such under subsection (c)(3)(C) to carry out 
workforce development, outreach to small- and medium-sized 
manufacturers, and other activities that--
            ``(1) are determined by the Secretary to be in the national 
        interest; and
            ``(2) are unlikely to receive private sector financial 
        support.'';
            (10) in subsection (f)--
                    (A) in paragraph (1), by striking ``Network for 
                Manufacturing Innovation Program'' and inserting 
                ``Manufacturing USA Program'';
                    (B) in paragraph (2)--
                            (i) in subparagraph (E), by striking 
                        ``and'' at the end;
                            (ii) in subparagraph (F), by striking the 
                        period at the end and inserting a semicolon; 
                        and
                            (iii) by adding at the end the following:
                    ``(G) to work with non-sponsoring Federal agencies 
                to explore and develop options for sponsoring 
                Manufacturing USA institutes at such agencies;
                    ``(H) to work with sponsoring Federal agencies to 
                develop and implement network-wide performance goals 
                with measurable targets and timelines;
                    ``(I) to help develop pilot programs that may be 
                implemented by the Manufacturing USA institutes to 
                address specific purposes of the Program, including to 
                accelerate technology transfer to the private sector; 
                and
                    ``(J) to identify and disseminate best practices 
                for workforce education and training across 
                Manufacturing USA institutes and further enhance 
                collaboration among Manufacturing USA institutes in 
                developing and implementing such practices.''; and
                    (C) by amending paragraph (5) to read as follows:
            ``(5) Hollings manufacturing extension partnership.--The 
        Secretary shall ensure that the National Program Office 
        incorporates the Hollings Manufacturing Extension Partnership 
        into Program planning to ensure--
                    ``(A) significant outreach to, participation of, 
                and engagement of small- and medium-sized manufacturers 
                in Manufacturing USA institutes across the entirety of 
                the manufacturing supply chain; and
                    ``(B) that the results of the Program, including 
                technologies developed by the Program, reach small- and 
                medium-sized manufacturers and that such entities have 
                access to technical assistance, as appropriate, in 
                deploying those technologies.'';
            (11) in subsection (g)--
                    (A) in paragraph (1)(A)--
                            (i) by striking ``The Secretary'' and all 
                        that follows through ``report to the 
                        Secretary'' and inserting the following: ``Each 
                        agency head shall require each recipient of 
                        financial assistance from that agency under 
                        subsection (d)(1) and any other institutes 
                        considered to be Manufacturing USA institutes 
                        pursuant to subsection (c)(3) to annually 
                        submit to the appropriate agency head a 
                        report''; and
                            (ii) by adding at the end the following: 
                        ``Each agency head shall submit such reports to 
                        the Secretary.''; and
                    (B) by amending paragraph (3) to read as follows:
            ``(3) Assessments by gao.--
                    ``(A) Assessments.--Not less frequently than once 
                every 3 years, the Comptroller General shall submit to 
                Congress an assessment of the operation of the Program 
                during the most recent 3-year period, including an 
                assessment of the progress made towards achieving the 
                goals specified in the national strategic plan for 
                advanced manufacturing required under section 102(b)(7) 
                of the America COMPETES Reauthorization Act of 2010 (42 
                U.S.C. 6622(b)(7)).
                    ``(B) Elements.--Each assessment submitted under 
                subparagraph (A) shall include, for the period covered 
                by the report--
                            ``(i) a review of the management, 
                        coordination, and industry utility of the 
                        Program;
                            ``(ii) an assessment of the extent to which 
                        the Program has furthered the purposes 
                        described in subsection (a)(2);
                            ``(iii) such recommendations for 
                        legislative and administrative action as the 
                        Comptroller General considers appropriate to 
                        improve the Program; and
                            ``(iv) an assessment as to whether any 
                        prior recommendations for improvement made by 
                        the Comptroller General have been implemented 
                        or adopted.'';
            (12) in subsection (h)--
                    (A) in paragraph (2), by striking ``subsection 
                (e)'' and inserting ``subsection (k)''; and
                    (B) by adding at the end the following:
            ``(7) Collaborations with other federal agencies.--The 
        Secretary shall collaborate with Federal agencies whose 
        missions contribute to, or are affected by, advanced 
        manufacturing to identify and leverage existing resources at 
        such Federal agencies to assist Manufacturing USA institutes in 
        carrying out the purposes of the program specified in 
        subsection (a)(2). Such existing resources may include 
        programs--
                    ``(A) at the Department of Labor relating to labor 
                and apprenticeships;
                    ``(B) at the Economic Development Administration 
                relating to regional innovation, such as the Regional 
                Innovation Strategies program;
                    ``(C) at the Department of Education relating to 
                workforce development, education, training, and 
                retraining;
                    ``(D) at the Department of Defense relating to 
                procurement and other authorities of the Department of 
                Defense;
                    ``(E) at the Food and Drug Administration relating 
                to biopharmaceutical manufacturing;
                    ``(F) at the National Science Foundation, including 
                the Advanced Technological Education program;
                    ``(G) at the National Aeronautics and Space 
                Administration relating to procurement, workforce 
                development, education, training, and retraining; and
                    ``(H) additional programs that the Secretary 
                determines are appropriate to support the activities of 
                existing Manufacturing USA institutes.''; and
            (13) by adding at the end the following:
    ``(j) Definitions.--In this section:
            ``(1) Agency head.--The term `agency head' means the head 
        of any Executive agency (as defined in section 105 of title 5, 
        United States Code), excluding the Department of Defense, that 
        is providing financial assistance for a Manufacturing USA 
        institute, including the Secretary of Commerce and the 
        Secretary of Energy.
            ``(2) Regional innovation cluster.--The term `regional 
        innovation cluster' has the meaning given such term in section 
        27(f)(1) of the Stevenson-Wydler Technology Innovation Act of 
        1980 (15 U.S.C. 3722(f)(1)).
    ``(k) Authorization of Appropriations.--
            ``(1) NIST.--There are authorized to be appropriated to the 
        Secretary to carry out this section $25,000,000 for each of 
        fiscal years 2020 through 2024.
            ``(2) Reservation.--Of the amount made available under 
        paragraph (1) the Secretary shall reserve not less than 
        $5,000,000 for the National Office of the Manufacturing USA 
        Program established under subsection (f).
            ``(3) Department of energy.--For Manufacturing USA 
        institutes operated by the Department of Energy, there are 
        authorized to be appropriated to the Secretary of Energy--
                    ``(A) $70,000,000 for each of fiscal years 2020, 
                2021, and 2022; and
                    ``(B) $84,000,000 for each of fiscal years 2023 and 
                2024.''.

SEC. 3. INCREASED EMPHASIS ON REGIONAL INNOVATION WITHIN AND EXTENSION 
              OF REGIONAL INNOVATION PROGRAM.

    Section 27 of the Stevenson-Wydler Technology Innovation Act of 
1980 (15 U.S.C. 3722) is amended--
            (1) in subsection (b)(2) by adding at the end the following 
        new subparagraph:
                    ``(I) Developing relationships at the local level 
                to build supply chains and use existing capabilities of 
                entities operating on that level to bring economic 
                growth to suburban and rural areas.''; and
            (2) in subsection (g)(2) by striking ``2019'' and inserting 
        ``2024''.

            Passed the House of Representatives July 23, 2019.

            Attest:

                                             CHERYL L. JOHNSON,

                                                                 Clerk.
```