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H.R. 2397 — what changed

American Manufacturing Leadership Act

From Reported in House to Engrossed in House. 1 section amended between Reported in House and Engrossed in House.

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)
added in the section heading by striking “Network for manufacturing innovation” and inserting “Manufacturing USA Network”;
(2)
added 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)
added 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)
added by striking “center” each place it appears in subsection (d)(2), (d)(4)(E), and (d)(5) and inserting “Manufacturing USA institute”;
(5)
renumbered was (3) in subsection (a)—
(A)
added in the subsection heading, by striking “Network for Manufacturing Innovation Program” and inserting “Manufacturing USA Program”;
(B)
added in paragraph (1), by striking ““Network for Manufacturing Innovation Program”” and inserting ““Manufacturing USA Program””;
(A)
removed in paragraph (1), by striking “Network for Manufacturing Innovation Program” and inserting “Manufacturing USA Program”; and
(C)
renumbered was (3)(3) in paragraph (2)—
(i)
renumbered was (3)(3)(2) in subparagraph (G), by striking “and” at the end;
(ii)
renumbered was (3)(3)(3) in subparagraph (H), by striking the period at the end and inserting “; and”; and
(iii)
renumbered was (3)(3)(4) by adding at the end the following:

“(I) to contribute to the development of regional manufacturing innovation clusters across the Nation.”

(D)
added in paragraph (3)(A), by striking “Network for Manufacturing Innovation” and inserting “Manufacturing USA Network”;
(6)
added in subsection (b)—
(A)
added in the subsection heading, by striking “Network for Manufacturing Innovation” and inserting “Manufacturing USA Network”; and
(B)
added in paragraph (2), by striking ““Network for Manufacturing Innovation”” and inserting ““Manufacturing USA Network””;
(7)
renumbered was (4) in subsection (c)—
(A)
added in the subsection heading, by striking “Centers for manufacturing innovation” and inserting “Manufacturing USA institutes”;
(B)
added in paragraph (1)—
(i)
added in the matter preceding subparagraph (A), by striking ““center for manufacturing innovation” is a center” and inserting ““Manufacturing USA institute” is an institute”;
(ii)
added by striking “Secretary” each place it appears in subparagraph (C) and (D) and inserting “agency head”;
(A)
removed in paragraph (1), by striking “Secretary” each place it appears in subparagraph (C) and (D) and inserting “agency head”;
(C)
renumbered was (4)(3) in paragraph (2)—
(i)
added in the matter preceding subparagraph (A), by striking “center for manufacturing innovation” and inserting “Manufacturing USA institute”;
(ii)
renumbered was (4)(3)(2) by striking subparagraph (E);
(iii)
renumbered was (4)(3)(3) 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)
added in the matter preceding clause (i) (as so redesignated), by striking “Activities of a Manufacturing USA institute may include” and inserting the following:

added “(A) Required activities—Activities of a Manufacturing USA institute shall include”

(v)
added in clause (i), as so redesignated, by striking “cost, time, and risk” and inserting “cost, time, or risk”;
(vi)
added 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”;
(iii)
removed in the matter preceding clause (i) (as so redesignated), by striking “Activities of a center for manufacturing innovation may include” and inserting the following:

removed “(A) Required activities—Activities of a center for manufacturing innovation shall include”

(iv)
removed 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”;
(vii)
renumbered was (4)(3)(6) in clause (iii), as so redesignated, by inserting before the period at the end the following: “, as appropriate”;
(viii)
added in clause (iv), as so redesignated, by striking “women and minority owned” and inserting “women, minority, and veteran owned”
(ix)
renumbered was (4)(3)(7) by inserting after clause (iv) (as so redesignated) the following:

added “(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.”

removed “(v) Development of roadmaps with respect to technology areas being pursued by that center for manufacturing innovation that take into account the research and development undertaken at other centers for manufacturing innovation and Federal agencies with respect to such areas.”

(x)
renumbered was (4)(3)(8) by adding at the end the following:

added “(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).”

(D)
added in paragraph (3)—
(i)
added in subparagraph (A), by striking “centers for manufacturing innovation” and inserting “Manufacturing USA institutes”;
(ii)
added in subparagraph (B), by striking “center for manufacturing innovation” and inserting “Manufacturing USA institute”; and
(iii)
added by adding at the end the following:

added “(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—

removed “(B) Permissible activities—Activities of a center for manufacturing innovation 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).”

(C)
removed in paragraph (3), by adding at the end the following:

removed “(C) Application—Effective beginning on the date of the enactment of the American Manufacturing Leadership Act, a manufacturing center 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 center for manufacturing innovation established pursuant to this section if such center—

“(i)

added “(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

removed “(I) is, as of such date of enactment, considered a center for manufacturing innovation under subparagraph (A) or recognized as a center for manufacturing innovation 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)
renumbered was (5) in subsection (d)—
(A)
renumbered was (5)(2) in paragraph (1)—
(i)
renumbered was (5)(2)(2) by striking “Secretary” and inserting “agency head”; and
(ii)
renumbered was (5)(2)(3) by inserting “for a period of not less than 5 and not more than 7 years” after “financial assistance”;
(B)
renumbered was (5)(3) in paragraph (2), by striking “Secretary” each place it appears and inserting “agency head”;
(C)
added by striking paragraph (3);
(D)
renumbered was (5)(4) in paragraph (4)—
(i)
renumbered was (5)(4)(2) 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

added “(ii) ensure that the technology focus of a Manufacturing USA institute does not substantially duplicate the technology focus of any other Manufacturing USA institute.”

removed “(ii) ensure that the technology focus of a center for manufacturing innovation does not substantially duplicate the technology focus of any other center for manufacturing innovation.”

(ii)
renumbered was (5)(4)(3) in subparagraph (B)(i), by striking “Secretary” and inserting “agency head”;
(iii)
renumbered was (5)(4)(4) by amending subparagraph (C) to read as follows:

added “(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)
added 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)
added in subparagraph (E)—
(I)
added in the matter preceding clause (i), by striking “Secretary” and inserting “agency head”; and
(II)
added in clause (x), by striking “center for manufacturing” and inserting “Manufacturing USA institute”; and

removed “(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.”

(iv)
removed in subparagraph (D), by striking “the Secretary shall” and all that follows through “collaborate” and inserting the following: “agency head, in coordination with the National Program Office, as appropriate, shall collaborate”; and
(v)
removed in subparagraph (E), by striking “Secretary” and inserting “agency head”; and
(E)
renumbered was (5)(5) in paragraph (5)—
(i)
renumbered was (5)(5)(2) by amending subparagraph (A) to read as follows:

“(A) Term of award

added “(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).

added “(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—

added “(I) may continue to receive support for the duration of the original funding award beginning on the date of establishment of that institute; and

removed “(i) In general—Subject to clause (ii), an award made to a center for manufacturing innovation 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 center has made progress in achieving the purposes described in subsection (a) and carrying out the activities specified in subsection (c)(2).

removed “(ii) Existing centers—Notwithstanding clause (i), a center already in existence or undergoing a renewal process on the date of enactment of the American Manufacturing Leadership Act—

removed “(I) may continue to receive support for the duration of the original funding award beginning on the date of establishment of that center; and

“(II) shall be eligible for renewal of that funding pursuant to clause (i).”

(ii)
added in subparagraph (B), by striking “Secretary” each place it appears and inserting “agency head”; and
(iii)
added by striking subparagraph (C);
(ii)
removed in subparagraphs (B) and (C), by striking “Secretary” each place it appears and inserting “agency head”;
(9)
renumbered was (6) by amending subsection (e) to read as follows:

added “(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—

removed “(e) Grant program for public service activities for centers for manufacturing innovation without Federal funding—The Secretary may award grants on a competitive basis to centers of manufacturing innovation 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)
renumbered was (7) in subsection (f)—
(A)
added in paragraph (1), by striking “Network for Manufacturing Innovation Program” and inserting “Manufacturing USA Program”;
(B)
renumbered was (7)(2) in paragraph (2)—
(i)
renumbered was (7)(2)(2) in subparagraph (E), by striking “and” at the end;
(ii)
renumbered was (7)(2)(3) in subparagraph (F), by striking the period at the end and inserting a semicolon; and
(iii)
renumbered was (7)(2)(4) by adding at the end the following:

added “(G) to work with non-sponsoring Federal agencies to explore and develop options for sponsoring Manufacturing USA institutes at such agencies;

removed “(G) to work with non-sponsoring Federal agencies to explore and develop options for sponsoring centers for manufacturing innovation at such agencies;

“(H) to work with sponsoring Federal agencies to develop and implement network-wide performance goals with measurable targets and timelines;

added “(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

added “(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.”

removed “(I) to help develop pilot programs that may be implemented by the centers for manufacturing innovation to address specific purposes of the Program, including to accelerate technology transfer to the private sector; and

removed “(J) to identify and disseminate best practices for workforce education and training across centers for manufacturing innovation and further enhance collaboration among centers for manufacturing innovation in developing and implementing such practices.”

(C)
renumbered was (7)(3) by amending paragraph (5) to read as follows:

added “(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—

added “(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

removed “(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—

removed “(A) significant outreach to, participation of, and engagement of small- and medium-sized manufacturers in centers for manufacturing innovation 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)
renumbered was (8) in subsection (g)—
(A)
renumbered was (8)(2) in paragraph (1)(A)—
(i)
added 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
(i)
removed 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 manufacturing centers considered to be centers for manufacturing innovation pursuant to subsection (c)(3) to annually submit to the appropriate agency head a report”; and
(ii)
renumbered was (8)(2)(3) by adding at the end the following: “Each agency head shall submit such reports to the Secretary.”; and
(B)
renumbered was (8)(3) by amending paragraph (3) to read as follows:

added “(3) Assessments by gao

added “(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)).

removed “(3) Assessments by GAO

removed “(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 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)
renumbered was (9) in subsection (h)—
(A)
renumbered was (9)(2) in paragraph (2), by striking “subsection (e)” and inserting “subsection (k)”; and
(B)
renumbered was (9)(3) by adding at the end the following:

added “(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—

removed “(6) 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 centers of manufacturing innovation 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

added “(H) additional programs that the Secretary determines are appropriate to support the activities of existing Manufacturing USA institutes.”

removed “(H) additional programs that the Secretary determines are appropriate to support the activities of existing centers for manufacturing innovation.”

(13)
renumbered was (10) by adding at the end the following:

“(j) Definitions—In this section:

added “(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.

removed “(1) Agency head—The term “agency head” means the head of a Federal agency that is providing financial assistance for a center of manufacturing innovation, 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.

added “(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).

added “(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—

removed “(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 Network for Manufacturing Innovation Program established under subsection (f).

removed “(3) Department of Energy—For centers of manufacturing innovation 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.”