140 
34(e)(2)(B) of the National Institute of Stand-
ards 
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 SOLICITA-
TIONS
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 EXTEN-
SION PARTNERSHIP.—The Secretary shall coordinate the 
activities of the Manufacturing USA Program and the ac-
tivities of Hollings Manufacturing Extension Partnership 
with each other to the degree that doing so does not dimin-
ish the effectiveness of the ongoing activities of a Manu-
facturing USA institute or a Center (as the term is de-
fined in section 25(a) of the National Institute of Stand-
ards and Technology Act (15 U.S.C. 278k(a)), including 
VerDate Sep 11 2014 
22:50 Jun 01, 2021
Jkt 019200
PO 00000
Frm 00140
Fmt 6652
Sfmt 6201
E:\BILLS\H2731.IH
H2731
pbinns on DSKJLVW7X2PROD with BILLS
141 
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, in-
cluding outreach, technical assistance, workforce develop-
ment, and technology transfer and adoption assistance to 
small- and medium-sized manufacturers. 
(d) WORKER ADVISORY COUNCIL
FOR MANUFAC-
TURING USA PROGRAM.— 
(1) ESTABLISHMENT.— 
(A) IN GENERAL.—The Secretary of Com-
merce shall, in coordination with the Secretary 
of Labor, the Secretary of Defense, the Sec-
retary of Energy, and the Secretary of Edu-
cation, establish an advisory council for the 
Manufacturing USA Program on the develop-
ment and dissemination of techniques, policies, 
and investments for high-road labor practices, 
worker adaptation and success with techno-
logical change, and increased worker participa-
tion across the Manufacturing USA Network. 
(B) MEMBERSHIP.—The council estab-
lished under subparagraph (A) shall be com-
posed of not fewer than 15 members appointed 
by the Secretary of Commerce, of whom— 
VerDate Sep 11 2014 
22:50 Jun 01, 2021
Jkt 019200
PO 00000
Frm 00141
Fmt 6652
Sfmt 6201
E:\BILLS\H2731.IH
H2731
pbinns on DSKJLVW7X2PROD with BILLS
142 
(i) four shall be from labor organiza-
tions; 
(ii) four shall be from educational in-
stitutions; 
(iii) four shall be from labor-manage-
ment training, workforce development, and 
nonprofit organizations, including those 
that focus on workforce diversity and in-
clusion; and 
(iv) three shall be from industry orga-
nizations or manufacturing firms, includ-
ing small- and medium-sized manufactur-
ers. 
(C) PERIOD
OF
APPOINTMENT; VACAN-
CIES.— 
(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 appoint-
ment for no more than 2 terms. 
(ii) VACANCIES.—Any member ap-
pointed 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 
VerDate Sep 11 2014 
22:50 Jun 01, 2021
Jkt 019200
PO 00000
Frm 00142
Fmt 6652
Sfmt 6201
E:\BILLS\H2731.IH
H2731
pbinns on DSKJLVW7X2PROD with BILLS
143 
term. A member may serve after the expi-
ration 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 sub-
paragraph (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 there-
after. 
(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
CHAIR-
PERSON.—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 es-
tablished under paragraph (1)(A) shall provide ad-
VerDate Sep 11 2014 
22:50 Jun 01, 2021
Jkt 019200
PO 00000
Frm 00143
Fmt 6652
Sfmt 6201
E:\BILLS\H2731.IH
H2731
pbinns on DSKJLVW7X2PROD with BILLS
144 
vice and recommendations to the Secretary of Com-
merce on matters concerning investment in and sup-
port 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 tech-
nological change, including training and edu-
cation 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 participa-
tion and power in decision making, and invest-
ment 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. 
VerDate Sep 11 2014 
22:50 Jun 01, 2021
Jkt 019200
PO 00000
Frm 00144
Fmt 6652
Sfmt 6201
E:\BILLS\H2731.IH
H2731
pbinns on DSKJLVW7X2PROD with BILLS
145 
(F) Assessments of technology improve-
ments achieved by the Manufacturing USA in-
stitutes 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 CON-
GRESS DEFINED.—In this paragraph, the term 
‘‘appropriate committees of Congress’’ means— 
(i) the Committee on Health, Edu-
cation, Labor, and Pensions, the Com-
mittee on Commerce, Science, and Trans-
portation, the Committee on Energy and 
Natural Resources, the Committee on 
Armed Services, and the Committee on Ap-
propriations 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 Appropria-
tions of the House of Representatives. 
(B) REPORT REQUIRED.—Not later than 
180 days after the date on which the council es-
VerDate Sep 11 2014 
22:50 Jun 01, 2021
Jkt 019200
PO 00000
Frm 00145
Fmt 6652
Sfmt 6201
E:\BILLS\H2731.IH
H2731
pbinns on DSKJLVW7X2PROD with BILLS
146 
tablished under paragraph (1)(A) holds its ini-
tial meeting under paragraph (1)(D)(i) and an-
nually thereafter, the council shall submit to 
the appropriate committees of Congress a re-
port containing a detailed statement of the ad-
vice and recommendations of the council pursu-
ant to paragraph (2). 
(4) COMPENSATION.— 
(A) PROHIBITION
OF
COMPENSATION.— 
Members of the Council may not receive addi-
tional 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 appli-
cable provisions under subchapter I of chapter 
57 of title 5, United States Code. 
(5) FACA APPLICABILITY.— 
(A) IN GENERAL.—In discharging its du-
ties under this subsection, the council estab-
lished under paragraph (1)(A) shall function 
solely in an advisory capacity, in accordance 
with the Federal Advisory Committee Act (5 
U.S.C. App.). 
VerDate Sep 11 2014 
22:50 Jun 01, 2021
Jkt 019200
PO 00000
Frm 00146
Fmt 6652
Sfmt 6201
E:\BILLS\H2731.IH
H2731
pbinns on DSKJLVW7X2PROD with BILLS
147 
(B) EXCEPTION.—Section 14 of the Fed-
eral Advisory Committee Act shall not apply to 
the Council. 
(e) PARTICIPATION OF MINORITY-SERVING INSTITU-
TIONS, HISTORICALLY BLACK COLLEGES AND UNIVER-
SITIES, 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 con-
siders relevant, shall coordinate with existing and 
new Manufacturing USA institutes to integrate cov-
ered entities as active members of the Manufac-
turing USA institutes, including through the devel-
opment of preference criteria for proposals to create 
new Manufacturing USA institutes or renew existing 
Manufacturing USA institutes that include meaning-
ful 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 univer-
sity; or 
(C) a Tribal college or university. 
VerDate Sep 11 2014 
22:50 Jun 01, 2021
Jkt 019200
PO 00000
Frm 00147
Fmt 6652
Sfmt 6201
E:\BILLS\H2731.IH
H2731
pbinns on DSKJLVW7X2PROD with BILLS
148 
(f) DEPARTMENT OF COMMERCE POLICIES TO PRO-
MOTE DOMESTIC PRODUCTION OF TECHNOLOGIES DE-
VELOPED UNDER MANUFACTURING USA PROGRAM.— 
(1) DEFINITION OF DOMESTIC.—In this sub-
section, the term ‘‘domestic’’, with respect to devel-
opment or production means development or produc-
tion 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 sec-
tion 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 Authoriza-
tion 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 
VerDate Sep 11 2014 
22:50 Jun 01, 2021
Jkt 019200
PO 00000
Frm 00148
Fmt 6652
Sfmt 6201
E:\BILLS\H2731.IH
H2731
pbinns on DSKJLVW7X2PROD with BILLS
149 
(ii) any joint venture if more than 10 
percent of the joint venture (by vote or 
value) is held by a foreign incorporated en-
tity that is an inverted domestic corpora-
tion or any subsidiary of such entity. 
(2) POLICIES.— 
(A) IN GENERAL.—The Secretary of Com-
merce, in consultation with the Secretary of En-
ergy, 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 fol-
lowing: 
(i) Measures to partner domestic de-
velopers 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 intellec-
tual property and goods, services, or tech-
VerDate Sep 11 2014 
22:50 Jun 01, 2021
Jkt 019200
PO 00000
Frm 00149
Fmt 6652
Sfmt 6201
E:\BILLS\H2731.IH
H2731
pbinns on DSKJLVW7X2PROD with BILLS
150 
nologies developed by Manufacturing USA 
Network activities to domestic manufactur-
ers. 
(iii) Measures to assist with supplier 
scouting and other supply chain develop-
ment, 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, in-
cluding the People’s Republic of China. 
(v) Measures to prioritize Federal pro-
curement of goods, services, or technologies 
developed by the Manufacturing USA Net-
work activities from domestic sources, as 
appropriate. 
(C) PROCESSES FOR WAIVERS.—The poli-
cies established under this paragraph shall in-
clude 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, emer-
gency requirements, operational needs, other 
VerDate Sep 11 2014 
22:50 Jun 01, 2021
Jkt 019200
PO 00000
Frm 00150
Fmt 6652
Sfmt 6201
E:\BILLS\H2731.IH
H2731
pbinns on DSKJLVW7X2PROD with BILLS
151 
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 para-
graph, the term ‘‘company’’ has the meaning 
given such term in section 847(a) of the Na-
tional Defense Authorization Act for Fiscal 
Year 2020 (Public Law 116–92; 10 U.S.C. 
2509 note). 
(B) IN GENERAL.—A company of the Peo-
ple’s Republic of China may not participate in 
the Manufacturing USA Program or the Manu-
facturing USA Network without a waiver, as 
described in paragraph (2)(C). 
SEC. 10. TECHNOLOGY COMMERCIALIZATION REVIEW. 
(a) KEY TECHNOLOGY FOCUS AREAS DEFINED.—In 
this section, the term ‘‘key technology focus areas’’ means 
the areas included on the most recent list under section 
8A(d)(2) of the National Science Foundation Act of 1950. 
(b) REVIEW AND RECOMMENDATIONS REQUIRED.— 
Not later than 180 days after the date of the enactment 
of this Act, the Director of the Office of Science and Tech-
nology Policy, in consultation with the Director of the Na-
VerDate Sep 11 2014 
22:50 Jun 01, 2021
Jkt 019200
PO 00000
Frm 00151
Fmt 6652
Sfmt 6201
E:\BILLS\H2731.IH
H2731
pbinns on DSKJLVW7X2PROD with BILLS
152 
tional Science Foundation and the Director of the Na-
tional Institute of Standards and Technology, shall— 
(1) review— 
(A) the structure of current technology re-
search and commercialization arrangements 
with regard to public-private partnerships; and 
(B) the extent to which intellectual prop-
erty developed with Federal funding— 
(i) has been used by foreign business 
entities; 
(ii) is being used to manufacture in 
the United States rather than in other 
countries; and 
(iii) is being used by foreign business 
entities domiciled or by foreign business 
entities affiliated with or subsidiary to for-
eign business entities in the People’s Re-
public of China. 
(2) develop recommendations for such legisla-
tive or administrative action as may be necessary— 
(A) to further incentivize industry partici-
pation in public-private partnerships for the 
purposes of accelerating technology research 
and commercialization, including alternate ways 
VerDate Sep 11 2014 
22:50 Jun 01, 2021
Jkt 019200
PO 00000
Frm 00152
Fmt 6652
Sfmt 6201
E:\BILLS\H2731.IH
H2731
pbinns on DSKJLVW7X2PROD with BILLS
153 
of accounting for in-kind contributions and 
value of partially manufactured products; 
(B) to ensure that intellectual property de-
veloped with Federal funding is commercialized 
in the United States; and 
(C) to ensure that intellectual property de-
veloped with Federal funding is not being used 
by foreign business entities or by foreign busi-
ness entities affiliated with or subsidiary to for-
eign business entities domiciled in the People’s 
Republic of China; and 
(3) submit to the Secretary of Commerce and 
Congress— 
(A) the findings of the Director of the Of-
fice of Science and Technology Policy with re-
spect to the reviews conducted under paragraph 
(1); and 
(B) the recommendations developed under 
paragraph (2). 
VerDate Sep 11 2014 
22:50 Jun 01, 2021
Jkt 019200
PO 00000
Frm 00153
Fmt 6652
Sfmt 6201
E:\BILLS\H2731.IH
H2731
pbinns on DSKJLVW7X2PROD with BILLS
154 
SEC. 11. STUDY ON EMERGING SCIENCE AND TECHNOLOGY 
CHALLENGES FACED BY THE UNITED STATES 
AND 
RECOMMENDATIONS 
TO 
ADDRESS 
THEM. 
(a) SHORT TITLE.—This section may be cited as the 
‘‘National Strategy to Ensure American Leadership Act 
of 2021’’ or the ‘‘National SEAL Act of 2021’’. 
(b) STUDY.— 
(1) IN GENERAL.—The Secretary of Commerce 
(referred to in this section as the ‘‘Secretary’’) shall 
seek to enter into an agreement with the National 
Academies of Sciences, Engineering, and Medicine to 
conduct a study— 
(A) to identify the 10 most critical emerg-
ing science and technology challenges facing the 
United States; and 
(B) to develop recommendations for legis-
lative or administrative action to ensure United 
States leadership in matters relating to such 
challenges. 
(2) ELEMENTS.—The study conducted under 
paragraph (1) shall include identification, review, 
and evaluation of the following: 
(A) Matters pertinent to identification of 
the challenges described in paragraph (1)(A). 
VerDate Sep 11 2014 
22:50 Jun 01, 2021
Jkt 019200
PO 00000
Frm 00154
Fmt 6652
Sfmt 6201
E:\BILLS\H2731.IH
H2731
pbinns on DSKJLVW7X2PROD with BILLS
155 
(B) Matters relating to the recommenda-
tions developed under paragraph (1)(B), includ-
ing with respect to education and workforce de-
velopment necessary to address each of the 
challenges identified under paragraph (1)(A). 
(C) Matters related to the review of key 
technology areas by the Directorate for Tech-
nology and Innovation of the National Science 
Foundation under section 8A(d) of the National 
Science Foundation Act of 1950. 
(D) An assessment of the current relative 
balance in leadership in addressing the chal-
lenges identified in paragraph (1)(A) between 
the United States, allies or key partners of the 
United States, and the People’s Republic of 
China. 
(3) TIMEFRAME.— 
(A) AGREEMENT.—The Secretary shall 
seek to enter into the agreement required by 
paragraph (1) on or before the date that is 60 
days after the date of enactment of this Act. 
(B) FINDINGS.—Under an agreement en-
tered into under paragraph (1), the National 
Academies of Sciences, Engineering, and Medi-
cine shall, not later than 1 year after the date 
VerDate Sep 11 2014 
22:50 Jun 01, 2021
Jkt 019200
PO 00000
Frm 00155
Fmt 6652
Sfmt 6201
E:\BILLS\H2731.IH
H2731
pbinns on DSKJLVW7X2PROD with BILLS
156 
on which the Secretary and the National Acad-
emies enter into such agreement, transmit to 
the Secretary the findings of the National 
Academies with respect to the study conducted 
pursuant to such agreement. 
(c) REPORT.— 
(1) IN GENERAL.—Not later than 30 days after 
the date on which the Secretary receives the findings 
of the National Academies of Sciences, Engineering, 
and Medicine with respect to the study conducted 
under subsection (b), the Secretary shall submit to 
Congress a ‘‘Strategy to Ensure American Leader-
ship’’ report on such study. 
(2) CONTENTS.—The report submitted under 
paragraph (1) shall include the following: 
(A) The findings of the National Acad-
emies of Sciences, Engineering, and Medicine 
with respect to the study conducted under sub-
section (b). 
(B) The conclusions of the Secretary with 
respect to such findings. 
(C) The recommendations developed under 
subsection (b)(1)(B). 
(D) Such other recommendations for legis-
lative or administrative action as the Secretary 
VerDate Sep 11 2014 
22:50 Jun 01, 2021
Jkt 019200
PO 00000
Frm 00156
Fmt 6652
Sfmt 6201
E:\BILLS\H2731.IH
H2731
pbinns on DSKJLVW7X2PROD with BILLS
157 
may have with respect to such findings and con-
clusions. 
(3) CLASSIFIED ANNEX.—The report submitted 
under paragraph (1) shall be submitted in unclassi-
fied form, but may include a classified annex if the 
Secretary determines appropriate. 
(d) INFORMATION FROM FEDERAL AGENCIES.— 
(1) IN GENERAL.—The National Academies of 
Sciences, Engineering, and Medicine may secure di-
rectly from a Federal department or agency such in-
formation as the National Academies of Sciences, 
Engineering, and Medicine consider necessary to 
carry out the study under subsection (b). 
(2) FURNISHING INFORMATION.—On request of 
the National Academies of Sciences, Engineering, 
and Medicine for information, the head of the de-
partment or agency shall furnish such information to 
the National Academies of Sciences, Engineering, 
and Medicine. 
(e) CONSULTATION.—The Secretary of Defense and 
the Director of National Intelligence shall provide support 
upon request from the Secretary of Commerce or the Na-
tional Academies to carry out this section. 
(f) NON-DUPLICATION OF EFFORT.—In carrying out 
subsection (b), the Secretary shall, to the degree prac-
VerDate Sep 11 2014 
22:50 Jun 01, 2021
Jkt 019200
PO 00000
Frm 00157
Fmt 6652
Sfmt 6201
E:\BILLS\H2731.IH
H2731
pbinns on DSKJLVW7X2PROD with BILLS