42 U.S.C. § 18972 — Promoting domestic production of tech-

Page 9269 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 18981 Manufacturing USA institutes, including through the development of preferences in selec- tion criteria for proposals to create new Manu- facturing USA institutes or renew existing Man- ufacturing USA institutes that include one or more covered entities. (b) Covered entities For purposes of this subsection, a covered en- tity is— (1) an historically Black college and univer- sity; (2) a Tribal College or University; (3) a minority-serving institution; (4) a minority business enterprise (as such term is defined in section 1400.2 of title 15, Code of Federal Regulations, or successor reg- ulation); or (5) a rural-serving institution of higher edu- cation (as such term is defined in section 1161q of title 20). (Pub. L. 117–167, div. B, title II, § 10262, Aug. 9, 2022, 136 Stat. 1504.) § 18972. Promoting domestic production of tech- nologies developed under Manufacturing USA Program (a) Department of Commerce policies to promote domestic production of technologies devel- oped under Manufacturing USA Network (1) Policies (A) In general Each agency head (as such term is defined in section 278s(a) of title 15) and the Sec- retary of Defense shall, in consultation with the Secretary of Commerce, establish poli- cies to promote the domestic production of technologies developed by the Manufac- turing USA Network. (B) Elements The policies established under subpara- graph (A) shall include the following: (i) Measures to partner domestic devel- opers of goods, services, or technologies by Manufacturing USA Network activities with domestic manufacturers and sources of financing. (ii) Measures to develop and provide in- centives to promote transfer of intellec- tual property and goods, services, or tech- nologies developed by Manufacturing USA Network activities to domestic manufac- turers. (iii) Measures to assist with supplier scouting and other supply chain develop- ment, including the use of the Hollings Manufacturing Extension Partnership under section 278k of title 15 to carry out such measures. (iv) A process to review and approve or deny membership in a Manufacturing USA institute by foreign-owned entities, espe- cially from countries of concern, including the People’s Republic of China. (v) Measures to prioritize Federal pro- curement of goods, services, or tech- nologies developed by the Manufacturing USA Network activities from domestic sources, as appropriate. (C) Processes for waivers The policies established under this para- graph shall include 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, emergency require- ments, operational needs, other legal or international treaty obligations, or other factors determined important to the success of the Manufacturing USA Program. (2) Prohibition (A) In general A company of the People’s Republic of China may not participate in the Manufac- turing USA Program without a waiver, as described in paragraph (1)(C). (B) Company defined In this paragraph, the term ‘‘company’’ has the meaning given such term in section 847(a) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 4819 note). (b) to (d) Omitted (e) Advice from the United States Manufacturing Council The Secretary shall seek advice from the United States Manufacturing Council of the International Trade Administration of the De- partment of Commerce on matters concerning investment in and support of the manufacturing workforce within the Manufacturing USA Pro- gram. (Pub. L. 117–167, div. B, title II, § 10263, Aug. 9, 2022, 136 Stat. 1504.) Editorial Notes CODIFICATION Section is comprised of section 10263 of div. B of Pub. L. 117–167. Subsecs. (b) to (d) of section 10263 of div. B of Pub. L. 117–167 amended section 278s of Title 15, Com- merce and Trade. SUBCHAPTER III—NATIONAL SCIENCE FOUNDATION FOR THE FUTURE PART A—PRELIMINARY MATTERS § 18981. Definitions In this subchapter: (1) Board The term ‘‘Board’’ means the National Science Board. (2) Director The term ‘‘Director’’ means the Director of the National Science Foundation. (3) NSF INCLUDES The term ‘‘NSF INCLUDES’’ means the ini- tiative carried out under section 19012 of this title. (4) STEM ecosystem The term ‘‘STEM ecosystem’’ means a local, regional, or statewide network, consortium, or multi-sector partnership, which may be led or