15 U.S.C. § 278s — Manufacturing USA

Page 695 TITLE 15—COMMERCE AND TRADE § 278s and expenditure for such period or periods as may be specified in the Acts making such appro- priations. (Mar. 3, 1901, ch. 872, § 32, formerly § 18, as added Pub. L. 92–317, § 3(a), June 22, 1972, 86 Stat. 235; amended Pub. L. 95–322, § 2(b), July 21, 1978, 92 Stat. 395; Pub. L. 96–461, § 10, Oct. 15, 1980, 94 Stat. 2052; renumbered § 19, Pub. L. 99–574, § 6(a), Oct. 28, 1986, 100 Stat. 3237; renumbered § 20, Pub. L. 99–574, § 8(a), Oct. 28, 1986, 100 Stat. 3238; re- numbered § 22, Pub. L. 100–235, § 3(2), Jan. 8, 1988, 101 Stat. 1724; renumbered § 32, Pub. L. 107–305, § 8(a)(1), Nov. 27, 2002, 116 Stat. 2375.) Editorial Notes CODIFICATION Section was formerly classified to section 278h of this title prior to renumbering by Pub. L. 107–305. Another section 32 of act Mar. 3, 1901, ch. 872, was re- numbered section 35 and is set out as a Short Title note under section 271 of this title. AMENDMENTS 1980—Pub. L. 96–461 substituted ‘‘Appropriations’’ for ‘‘(a) Appropriations’’ and struck out subsec. (b) which authorized appropriations to carry out provisions of this chapter, including the Working Capital Fund re- ferred to in section 278b(a) of this title, but excluding section 278f of this title, of such sums as may be nec- essary for each of the fiscal years 1979 and 1980. 1978—Pub. L. 95–322 designated existing provisions as subsec. (a) and added subsec. (b). § 278r. Collaborative manufacturing research pilot grants (a) Authority (1) Establishment The Director shall establish a pilot program of awards to partnerships among participants described in paragraph (2) for the purposes de- scribed in paragraph (3). Awards shall be made on a peer-reviewed, competitive basis. (2) Participants Such partnerships shall include at least— (A) 1 manufacturing industry partner; and (B) 1 nonindustry partner. (3) Purpose The purpose of the program under this sec- tion is to foster cost-shared collaborations among firms, educational institutions, re- search institutions, State agencies, and non- profit organizations to encourage the develop- ment of innovative, multidisciplinary manu- facturing technologies. Partnerships receiving awards under this section shall conduct ap- plied research to develop new manufacturing processes, techniques, or materials that would contribute to improved performance, produc- tivity, and competitiveness of United States manufacturing, and build lasting alliances among collaborators. (b) Program contribution Awards under this section shall provide for not more than one-third of the costs of a partner- ship. Not more than an additional one-third of such costs may be obtained directly or indi- rectly from other Federal sources. (c) Applications Applications for awards under this section shall be submitted in such manner, at such time, and containing such information as the Director shall require. Such applications shall describe at a minimum— (1) how each partner will participate in de- veloping and carrying out the research agenda of the partnership; (2) the research that the grant would fund; and (3) how the research to be funded with the award would contribute to improved perform- ance, productivity, and competitiveness of the United States manufacturing industry. (d) Selection criteria In selecting applications for awards under this section, the Director shall consider at a min- imum— (1) the degree to which projects will have a broad impact on manufacturing; (2) the novelty and scientific and technical merit of the proposed projects; and (3) the demonstrated capabilities of the ap- plicants to successfully carry out the proposed research. (e) Distribution In selecting applications under this section the Director shall ensure, to the extent prac- ticable, a distribution of overall awards among a variety of manufacturing industry sectors and a range of firm sizes. (f) Duration In carrying out this section, the Director shall run a single pilot competition to solicit and make awards. Each award shall be for a 3-year period. (Mar. 3, 1901, ch. 872, § 33, as added Pub. L. 110–69, title III, § 3007(2), Aug. 9, 2007, 121 Stat. 591.) § 278s. Manufacturing USA (a) 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), other than the Department of Defense. (2) Regional innovation initiative The term ‘‘regional innovation initiative’’ has the meaning given such term in section 3722(f)(1) of this title. (b) Establishment of Manufacturing USA Pro- gram (1) In general The Secretary shall establish within the In- stitute a program to be known as the ‘‘Manu- facturing United States of America Program’’ or the ‘‘Manufacturing USA Program’’ (re- ferred to in this section as the ‘‘Program’’). (2) Purposes of Program The purposes of the Program are— (A) to improve the competitiveness of United States manufacturing and to in- crease the production of goods manufactured predominantly within the United States; (B) to stimulate United States leadership in advanced manufacturing research, inno- vation, and technology; Page 696 TITLE 15—COMMERCE AND TRADE § 278s (C) to facilitate the transition of innova- tive technologies into scalable, cost-effec- tive, and high-performing manufacturing ca- pabilities; (D) to facilitate access by manufacturing enterprises to capital-intensive infrastruc- ture, including high-performance electronics and computing, and the supply chains that enable these technologies; (E) to accelerate the development of an ad- vanced manufacturing workforce; (F) to facilitate peer exchange of and the documentation of best practices in address- ing advanced manufacturing challenges; (G) to leverage non-Federal sources of sup- port to promote a stable and sustainable business model without the need for long- term Federal funding; (H) to create and preserve jobs; and (I) to contribute to the development of re- gional innovation initiatives across the United States. (3) Support The Secretary, acting through the Director, shall carry out the purposes set forth in para- graph (2) by supporting— (A) the Manufacturing USA Network es- tablished under subsection (b); and (B) the establishment of Manufacturing USA institutes. (4) Director The Secretary shall carry out the Program through the Director. (c) Establishment of Manufacturing USA Net- work (1) In general As part of the Program, the Secretary shall establish a network of Manufacturing USA in- stitutes. (2) Designation The network established under paragraph (1) shall be known as the ‘‘Manufacturing United States of America Network’’ or the ‘‘Manufac- turing USA Network’’ (referred to in this sec- tion as the ‘‘Network’’). (d) Manufacturing USA institutes (1) In general For purposes of this section, a Manufac- turing USA institute is an institute that— (A) has been established by a person or group of persons to address challenges in ad- vanced manufacturing and to assist manu- facturers in retaining or expanding indus- trial production and jobs in the United States; (B) has a predominant focus on a manufac- turing process, novel material, enabling technology, supply chain integration meth- odology, or another relevant aspect of ad- vanced manufacturing, such as nanotechnology applications, advanced ce- ramics, photonics and optics, composites, biobased and advanced materials, flexible hybrid technologies, tool development for microelectronics, food manufacturing, superconductors, advanced battery tech- nologies, robotics, advanced sensors, quan- tum information science, supply chain water optimization, aeronautics and advanced ma- terials, and graphene and graphene commer- cialization; (C) has the potential— (i) to improve the competitiveness of United States manufacturing, including key advanced manufacturing technologies such as nanotechnology, advanced ceram- ics, photonics and optics, composites, biobased and advanced materials, flexible hybrid technologies, tool development for microelectronics, food manufacturing, superconductors, advanced battery tech- nologies, robotics, advanced sensors, quan- tum information science, supply chain water optimization, aeronautics and ad- vanced materials, and graphene and graphene commercialization; (ii) to accelerate non-Federal investment in advanced manufacturing production ca- pacity in the United States; or (iii) to enable the commercial applica- tion of new technologies or industry-wide manufacturing processes; and (D) includes active participation among representatives from multiple industrial en- tities, research universities, community col- leges, and other entities as appropriate, which may include industry-led consortia, career and technical education schools, Fed- eral laboratories, State, local, and Tribal governments, businesses, educational insti- tutions, and nonprofit organizations. (2) Activities (A) Required activities For purposes of this section, a Manufac- turing USA institute is also an institute that carries out the following: (i) Research, development, and dem- onstration projects, including proof-of- concept development and prototyping, to reduce the cost, time, or risk of commer- cializing new technologies and improve- ments in existing technologies, processes, products, and research and development of materials to solve precompetitive indus- trial problems with economic or national security implications. (ii) Development and implementation of education, training, and workforce recruit- ment courses, materials, and programs ad- dressing workforce needs through training and education programs at all appropriate education levels, including programs on applied engineering. (iii) Development of innovative meth- odologies and practices for supply chain integration and introduction of new tech- nologies into supply chains, as appro- priate. (iv) Outreach and engagement with small and medium-sized manufacturing en- terprises, including women, minority, and veteran owned manufacturing enterprises, in addition to large manufacturing enter- prises. (v) Development of roadmaps or leveraging of existing roadmaps with re- spect to technology areas being pursued by Page 697 TITLE 15—COMMERCE AND TRADE § 278s 1 So in original. Probably should be followed by ‘‘a’’. that Manufacturing USA institute that take into account the research and devel- opment undertaken at other Manufac- turing USA institutes and Federal agen- cies with respect to such areas. (B) Permissible activities In addition to the activities set forth under subparagraph (A), a Manufacturing USA institute may carry out such other ac- tivities as may be consistent with the pur- poses set forth under subsection (b)(2). (3) Additional Manufacturing USA institutes (A) In general Except as provided in subparagraph (C), the National Additive Manufacturing Inno- vation Institute and other manufacturing in- stitutes formally recognized as Manufac- turing USA institutes pursuant to Federal law or executive actions, or under pending interagency review for such recognition as of December 16, 2014, shall be considered Manufacturing USA institutes for purposes of this section. (B) Network participation Except as provided in subparagraph (C), an institute that is substantially similar to an institute described by paragraphs (1) and (2) but does not meet every element of such de- scription and does not receive financial as- sistance under subsection (e) may, upon re- quest of the institute, be recognized as a Manufacturing USA institute by the Sec- retary for purposes of participation in the Network. (C) Applicability Effective beginning on December 20, 2019, an institute shall be treated as a Manufac- turing USA institute under this section and subject to subsections (b)(2), (d), and (e) in the same manner and to the same extent as such provisions apply to a Manufacturing USA institute described by paragraphs (1) and (2) if such institute— (i)(I) is, as of December 20, 2019, consid- ered a Manufacturing USA institute under subparagraph (A) or recognized as a Manu- facturing USA institute under subpara- graph (B); and (II) as of December 20, 2019, receives Fed- eral financial assistance under subsection (e) or otherwise consistent with the pur- poses of this section; (ii) is under pending agency review for such recognition as of December 20, 2019; or (iii) is currently funded by the Depart- ment of Energy. (e) Financial assistance to establish and support Manufacturing USA institutes (1) Financial assistance authorized Under the Program, the Secretary and the Secretary of Energy shall, and every other agency head may, award financial assistance to a person or group of persons to assist the person or group of persons in planning, estab- lishing, or supporting a Manufacturing USA institute. (2) Period and renewal of awards (A) Initial periods An award of financial assistance under paragraph (1) shall be awarded for an initial period of not less than 5 years and not more than 7 years. (B) Renewal of awards (i) Renewal authorized An award of financial assistance under paragraph (1) may be renewed for addi- tional periods, with each period not to ex- ceed the duration of the initial period of the award, subject to a rigorous merit re- view. (ii) Consideration of performance stand- ards In carrying out a rigorous merit review under clause (i) for renewal of an award under such clause for a Manufacturing USA institute, an agency head shall con- sider the extent to which the institute has made progress in meeting the standards of performance established pursuant to para- graph (5)(C). (iii) Initial failure to meet performance standards If, pursuant to a rigorous merit review under clause (i) for renewal of an award under such clause for a Manufacturing USA institute, an agency head finds that the institute does not meet the standards for performance established pursuant to paragraph (5)(C), the agency head shall— (I) notify the institute of any defi- ciencies in the performance of the insti- tute; and (II) provide the institute one year to remedy such deficiencies. (iv) Further failure to meet performance standards If a Manufacturing USA institute fails to remedy a deficiency identified or to show significant improvement in performance during the 1-year period set forth under clause (iii)(II)— (I) the institute shall not be eligible for 1 renewed award under clause (i); and (II) the agency head that conducted the review for renewal shall notify the institute of such ineligibility. (v) Continuation of existing Manufacturing USA institutes Not withstanding clauses (i) through (iv), a Manufacturing USA institute al- ready in existence or undergoing a renewal process prior to December 1, 2019— (I) may continue to receive support for the duration of the original funding award beginning on the date of establish- ment of that institute; and (II) shall be eligible for renewal of that funding pursuant to clause (i). (3) Application for financial assistance (A) In general A person or group of persons seeking finan- cial assistance under paragraph (1) shall sub- Page 698 TITLE 15—COMMERCE AND TRADE § 278s mit to an agency head an application there- for at such time, in such manner, and con- taining such information as the agency head may require. (B) Requirements An application submitted under subpara- graph (A) for an institute shall, at a min- imum include the following: (i) A description of the specific sources and amounts of non-Federal financial sup- port for the institute on the date financial assistance is sought. (ii) A description of the anticipated sources and amounts of non-Federal finan- cial support during the period for which the institute could be eligible for contin- ued Federal financial assistance under this section. (4) Selection (A) Competitive, merit review In awarding financial assistance under paragraph (1), an agency head shall— (i) use a competitive, merit review proc- ess that includes 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 sub- stantially duplicate the technology focus of any other Manufacturing USA institute. (B) Participation in process (i) Prohibition on participation by political appointees The review required by subparagraph (A)(i) may not include a review by a group of individuals that includes a political ap- pointee. (ii) Conflict of interest policies Each agency head shall implement a conflict of interest policy that— (I) ensures public transparency and ac- countability in the process used under subparagraph (A)(i); and (II) requires full disclosure of any real or potential conflicts of interest on the parts of individuals that participate in the process used under subparagraph (A)(i). (iii) Definition of political appointee For purposes of this subparagraph, the term ‘‘political appointee’’ has the mean- ing given such term in section 714(h) of title 38. (C) Considerations In selecting a person or group of persons who submitted an application to an agency head under paragraph (3) for an award of fi- nancial assistance under paragraph (1) for a Manufacturing USA institute, the agency head shall consider, at a minimum, the fol- lowing: (i) The potential of the Manufacturing USA institute to advance domestic manu- facturing and the likelihood of economic impact, including the creation or preserva- tion of jobs, in the predominant focus areas of the institute. (ii) The commitment of continued finan- cial support, advice, participation, and other contributions from non-Federal sources, to provide leverage and resources to promote a stable and sustainable busi- ness model. (iii) Whether the financial support pro- vided to the Manufacturing USA institute from non-Federal sources exceeds the re- quested Federal financial assistance. (iv) How the Manufacturing USA insti- tute will increase the non-Federal invest- ment in advanced manufacturing research in the United States. (v) How the Manufacturing USA insti- tute will engage with small and medium- sized manufacturing enterprises to im- prove the capacity of such enterprises to commercialize new processes and tech- nologies and to improve the domestic sup- ply chain. (vi) How the Manufacturing USA insti- tute will carry out educational and work- force activities that meet industrial needs related to the predominant focus areas of the institute. (vii) How the Manufacturing USA insti- tute will advance economic competitive- ness and generate substantial benefits to the Nation that extend beyond the direct return to participants in the Program. (viii) Whether the predominant focus of the Manufacturing USA institute is a man- ufacturing process, novel material, ena- bling technology, supply chain integration methodology, or other relevant aspect of advanced manufacturing that has not al- ready been commercialized, marketed, dis- tributed, or sold by another entity. (ix) How the Manufacturing USA insti- tute will strengthen and leverage the in- dustrial, research, entrepreneurship, and other assets of a region. (x) How the Manufacturing USA insti- tute will encourage the education and training of veterans and individuals with disabilities. (5) Performance measurement, transparency, and accountability For each award of financial assistance under paragraph (1) by an agency head, the agency head shall— (A) develop metrics to assess the effective- ness of the activities funded in making progress toward the purposes of the Program set forth under subsection (b)(2), including the effectiveness of Manufacturing USA in- stitutes in advancing technology readiness levels or manufacturing readiness levels; (B) establish standards for the perform- ance of Manufacturing USA institutes that are based on the metrics developed under subparagraph (A); and (C) for each Manufacturing USA institute supported by the award, 5 years after the ini- tial award and every 5 years thereafter until Federal financial assistance under this sub- section is discontinued, conduct an assess- ment of the institute to confirm whether the performance of the institute is meeting the Page 699 TITLE 15—COMMERCE AND TRADE § 278s standards for performance established under subparagraph (B). (6) Collaboration In awarding financial assistance under para- graph (1), an agency head, in coordination with the National Program Office, as the agen- cy head considers appropriate, may collabo- rate with Federal departments and agencies whose missions contribute to or are affected by advanced manufacturing, including, as the agency head considers appropriate, the De- partment of Agriculture, the Department of Defense, the Department of Education, the De- partment of Energy, the Department of Labor, the Food and Drug Administration, the Na- tional Aeronautics and Space Administration, the National Institutes of Health, and the Na- tional Science Foundation. (7) Matching funds and preferences (A) In general Except as provided in subparagraph (B), an agency head may not, with respect to a Man- ufacturing USA institute, award financial assistance under paragraph (1) or renew an award of financial assistance under para- graph (2) unless the agency head determines that non-Federal funding comprises 50 per- cent or more of the total amount of funding made available for the operation and support of the institute. (B) Waivers An agency head awarding financial assist- ance under paragraph (1) with respect to a Manufacturing USA institute may waive the requirements of subparagraph (A) in the case of satellite centers, large capital facilities, equipment purchases, workforce develop- ment, or general operations. (8) Diversity preferences In awarding financial assistance under para- graph (1) for planning or establishing a Manu- facturing USA institute, an agency head shall give special consideration to Manufacturing USA institutes that— (A) contribute to the geographic diversity of the Manufacturing USA Program; (B) are located in an area with a low per capita income; (C) are located in an area with a high pro- portion of socially disadvantaged residents; or (D) are located in small and rural commu- nities. (f) Authority to award financial assistance for construction of test beds and specialized fa- cilities (1) In general The Secretary may, acting through the Di- rector, award financial assistance for the con- struction of test beds and specialized facilities by Manufacturing USA institutes established or supported under subsection (e) as the Sec- retary considers appropriate to carry out the purposes of the Program. (2) Requirements The Secretary shall exercise authority under paragraph (1) in a manner and with require- ments consistent with paragraphs (3) through (8) of subsection (e). (3) Priority The Secretary shall establish preferences in selection criteria for proposals for financial assistance under this subsection from Manu- facturing USA institutes that integrate as ac- tive members one or more covered entities as described in section 18971 of title 42. (g) Grant program for public service activities for Manufacturing USA institutes without Federal funding The Secretary may award a grant on a com- petitive basis to a Manufacturing USA institute that is not receiving financial assistance under subsection (e) to carry out workforce develop- ment, 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 fi- nancial support. (h) Authorization of appropriations (1) NIST Industrial Technical Services account To the extent provided for in advance by ap- propriations Acts, the Secretary may use amounts appropriated to the Industrial Tech- nical Services account to carry out this sec- tion as follows: (A) For each of the fiscal years 2015 through 2019, an amount not to exceed $5,000,000. (B) For each of fiscal years 2020 through 2030, such amounts as may be necessary to carry out this section. (2) Department of Energy There are authorized to be appropriated to the Secretary of Energy for the provision of fi- nancial assistance under subsection (e) by the Department of Energy amounts as follows: (A) $70,000,000 for each of fiscal years 2020, 2021, and 2022. (B) $84,000,000 for each of fiscal years 2023 and 2024. (i) National Program Office (1) Establishment The Secretary shall establish, within the In- stitute, the National Office of the Manufac- turing USA Network (referred to in this sec- tion as the ‘‘National Program Office’’), which shall oversee and carry out the Program. (2) Functions The functions of the National Program Of- fice are— (A) to oversee the planning, management, and coordination of the Program; (B) to coordinate with and, as appropriate, enter into memorandums of understanding with Federal departments and agencies whose missions contribute to or are affected by advanced manufacturing, including the Department of Agriculture, the Department of Defense, the Department of Education, the Department of Energy, the Department of Labor, the Food and Drug Administration, the National Aeronautics and Space Admin- Page 700 TITLE 15—COMMERCE AND TRADE § 278s istration, the National Institutes of Health, and the National Science Foundation, to carry out the purposes set forth under sub- section (b)(2); (C) to develop, not later than December 16, 2015, and update not less frequently than once every 3 years thereafter, a strategic plan to guide the Program, including a strat- egy for retaining domestic public benefits from Manufacturing USA institutes once Federal funding has been discontinued; (D) to establish such procedures, processes, and criteria as may be necessary and appro- priate to maximize cooperation and coordi- nate the activities of the Program with pro- grams and activities of other Federal depart- ments and agencies whose missions con- tribute to or are affected by advanced manu- facturing; (E) to establish a clearinghouse of public information related to the activities of the Program; (F) to act as a convener of the Network; (G) to work with Federal agencies that are not sponsoring or supporting a Manufac- turing USA institute to explore and develop options for sponsoring or supporting a Manu- facturing USA institute; (H) to work with Federal agencies that are sponsoring or supporting a Manufacturing USA institute to develop and implement network-wide performance goals with meas- urable 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 to develop entrepreneurship programs; (J) to provide support services to promote workforce development activities, including the development of industry credentials; (K) to identify and disseminate best prac- tices for workforce education and training across the Network and further enhance col- laboration among Manufacturing USA insti- tutes in developing and implementing such practices; (L) to collaborate with the Department of Labor, the Department of Education, indus- try, career and technical education schools, local community colleges, universities, and labor organizations to provide input, as ap- propriate, for the development of national certifications for advanced manufacturing workforce skills in the technology areas of the Manufacturing USA institutes; and (M) to coordinate with Manufacturing USA institutes to develop best practices for the membership agreements and coordina- tion of similar project solicitations. (3) Recommendations In developing and updating the strategic plan under paragraph (2)(C), the Secretary shall solicit recommendations and advice from a wide range of stakeholders, including indus- try, small and medium-sized manufacturing enterprises, research universities, community colleges, State, Tribal, and local governments, and other relevant organizations and institu- tions on an ongoing basis. (4) Report to Congress Upon completion, the Secretary shall trans- mit the strategic plan required under para- graph (2)(C) to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Tech- nology of the House of Representatives. (5) Hollings Manufacturing Extension Partner- ship (A) In general The Secretary shall ensure that the Na- tional Program Office leverages the capabili- ties of the Hollings Manufacturing Exten- sion Partnership into Program planning to ensure— (i) 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 (ii) that the results of the Program, in- cluding technologies developed by the Pro- gram, reach small- and medium-sized man- ufacturers and that such entities have ac- cess to technical assistance, as appro- priate, in deploying those technologies. (B) Liaisons The Secretary may provide financial as- sistance to a manufacturing extension cen- ter established as part of the Hollings Manu- facturing Extension Partnership to support the purposes of the Program by providing services in one or more of the following areas: (i) Support services for small- and me- dium-sized manufacturers, that many in- clude the designation of a liaison. (ii) Assistance with workforce develop- ment. (iii) Technology transfer for small and medium-sized manufacturers. (iv) Such other areas as the Secretary determines appropriate to support the pur- poses of the Program. (6) Detailees Any Federal Government employee may be detailed to the National Program Office with- out reimbursement. Such detail shall be with- out interruption or loss of civil service status or privilege. (7) Council for coordination of institutes (A) Council The National Program Office shall estab- lish or designate a council of heads of any Manufacturing USA institute receiving Fed- eral funding at any time to foster collabora- tion between Manufacturing USA institutes. (B) Meetings The council established or designated pur- suant to subparagraph (A) shall meet not less frequently than twice each year. (C) Duties of the council The council established pursuant to sub- paragraph (A) shall assist the National Pro- gram Office in carrying out the functions of the National Program Office under para- graph (2). Page 701 TITLE 15—COMMERCE AND TRADE § 278s (j) Reporting and auditing (1) Annual reports to the Secretary (A) In general Not less frequently than once each year, each agency head that is providing financial assistance under subsection (e) shall— (i) require each recipient of such finan- cial assistance submit to the agency head a report that describes the finances and performance of the Manufacturing USA in- stitute with respect to which the financial assistance is awarded; and (ii) submit to the Secretary each report received by the agency head under clause (i). (B) Elements Each report submitted under subparagraph (A) shall include: (i) an accounting of expenditures of amounts awarded to the recipient under subsection (e); and (ii) consistent with the standards for per- formance established under subsection (e)(5)(B), a description of the performance of the Manufacturing USA institute with respect to— (I) its goals, plans, financial support, and accomplishments; and (II) how the Manufacturing USA insti- tute has furthered the purposes set forth under subsection (b)(2). (2) Annual reports to Congress (A) In general Not less frequently than once each year until December 31, 2030, the Secretary shall submit a report to Congress that describes the performance of the Program during the most recent 1-year period. (B) Elements Each report submitted under subparagraph (A) shall include, for the period covered by the report— (i) a summary and assessment of the re- ports received by the Secretary under paragraph (1); (ii) an accounting of the funds expended by the Secretary under the Program, in- cluding any waivers made under sub- section (e)(7)(B); (iii) an assessment of the participation in, and contributions to, the Network by any Manufacturing USA institutes not re- ceiving financial assistance under sub- section (e); and (iv) an assessment of the Program with respect to meeting the purposes set forth under subsection (b)(2). (3) Assessments by Comptroller General of the United States (A) Assessments Not less frequently than once every 3 years, the Comptroller General of the United States shall submit to Congress an assess- ment 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 6622(b)(7) of title 42. (B) Elements Each assessment submitted under subpara- graph (A) shall include, for the period cov- ered by the report— (i) a review of the management, coordi- nation, and industry utility of the Pro- gram; (ii) an assessment of the extent to which the Program has furthered the purposes set forth under subsection (b)(2); (iii) such recommendations for legisla- tive 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. (C) Final assessment No later than December 31, 2030, the Comp- troller General shall submit to Congress a final report regarding the overall success of the Program. (k) Additional authorities (1) Appointment of personnel and contracts The Secretary may appoint such personnel and enter into such contracts, financial assist- ance agreements, and other agreements as the Secretary considers necessary or appropriate to carry out the Program, including support for research and development activities in- volving a Manufacturing USA institute. (2) Transfer of funds Of amounts available under the authority provided by subsection (g), the Secretary may transfer to other Federal agencies such sums as the Secretary considers necessary or appro- priate to carry out the Program. No funds so transferred may be used to reimburse or other- wise pay for the costs of financial assistance incurred or commitments of financial assist- ance made prior to December 16, 2014. (3) Authority of other agencies In the event that the Secretary exercises the authority to transfer funds to another agency under paragraph (2), such agency may accept such funds to award and administer, under the same conditions and constraints applicable to the Secretary, all aspects of financial assist- ance awards under this section. (4) Use of resources In furtherance of the purposes of the Pro- gram, the Secretary may use, with the consent of a covered entity and with or without reim- bursement, the land, services, equipment, per- sonnel, and facilities of such covered entity. (5) Acceptance of resources In addition to amounts appropriated to carry out the Program, the Secretary may ac- cept funds, services, equipment, personnel, and facilities from any covered entity to carry out the Program, subject to the same conditions and constraints otherwise applicable to the Secretary under this section and such funds Page 702 TITLE 15—COMMERCE AND TRADE § 278s 2 So in original. Subpars. (J) and (K) are identical and the words ‘‘additional programs’’ do not follow from introductory provisions. may only be obligated to the extent provided for in advance by appropriations Acts. (6) Covered entities For purposes of this subsection, a covered entity is any Federal department, Federal agency, instrumentality of the United States, State, local government, Tribal government, territory, or possession of the United States, or of any political subdivision thereof, or international organization, or any public or private entity or individual. (7) Collaborations with other agencies The Secretary shall collaborate with Federal agencies whose missions contribute to, or are affected by, advanced manufacturing to iden- tify and leverage existing resources at such Federal agencies to assist Manufacturing USA institutes in carrying out the purposes of the Program set forth under subsection (b)(2). Such existing resources may include pro- grams— (A) at the Department of Labor relating to labor and apprenticeships; (B) at the Economic Development Admin- istration relating to regional innovation, such as the Regional Innovation Strategies program; (C) at the Department of Education relat- ing 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 manufac- turing; (F) at the National Science Foundation, including the Advanced Technological Edu- cation program; (G) at the National Aeronautics and Space Administration relating to procurement, workforce development, education, training, and retraining; (H) at the Department of Energy relating to development of clean energy technologies and other authorities of the Department of Energy; (I) at the Department of Agriculture relat- ing to outreach to rural communities; (J) additional programs that the Secretary determines are appropriate to support the activities of existing Manufacturing USA in- stitutes; and 2 (K) additional programs that the Sec- retary determines are appropriate to support the activities of existing Manufacturing USA institutes.2 (l) Patents Chapter 18 of title 35 shall apply to any fund- ing agreement (as defined in section 201 of that title) awarded to new or existing Manufacturing USA institutes with respect to which financial assistance is awarded under subsection (e). (m) References to prior names and terminology Any reference in law, regulation, map, docu- ment, paper, or other record of the United States to the ‘‘Network for Manufacturing Inno- vation Program’’, the ‘‘Network for Manufac- turing Innovation’’, ‘‘National Office of the Net- work for Manufacturing Innovation Program’’, or a ‘‘center for manufacturing innovation’’ shall be considered to be a reference to the Man- ufacturing USA Program, the Manufacturing USA Network, the National Office of the Manu- facturing USA Network, or a Manufacturing USA institute, respectively. (Mar. 3, 1901, ch. 872, § 34, as added Pub. L. 113–235, div. B, title VII, § 703(2), Dec. 16, 2014, 128 Stat. 2221; amended Pub. L. 116–92, div. A, title XVII, § 1741(a), Dec. 20, 2019, 133 Stat. 1826; Pub. L. 117–167, div. B, title II, §§ 10261, 10263(b)–(d), Aug. 9, 2022, 136 Stat. 1503, 1505, 1506; Pub. L. 117–263, div. E, title LIX, § 5911, Dec. 23, 2022, 136 Stat. 3442.) Editorial Notes PRIOR PROVISIONS A prior section 34 of act Mar. 3, 1901, ch. 872, was re- numbered section 35 and is set out as a Short Title note under section 271 of this title. AMENDMENTS 2022—Subsec. (e)(8). Pub. L. 117–167, § 10261, added par. (8). Subsecs. (f) to (h). Pub. L. 117–263, § 5911, added subsec. (f) and redesignated former subsecs. (f) and (g) as (g) and (h), respectively. Former subsec. (h) redesignated (i). Subsec. (h)(2)(C). Pub. L. 117–167, § 10263(c), inserted ‘‘, including a strategy for retaining domestic public benefits from Manufacturing USA institutes once Fed- eral funding has been discontinued’’ after ‘‘Program’’. Subsec. (h)(2)(J). Pub. L. 117–167, § 10263(d), inserted ‘‘, including the development of industry credentials’’ after ‘‘activities’’. Subsec. (h)(7). Pub. L. 117–167, § 10263(b), added par. (7). Subsecs. (i) to (m). Pub. L. 117–263, § 5911(1), redesig- nated subsecs. (h) to (l) as (i) to (m), respectively. 2019—Pub. L. 116–92 amended section generally. Prior to amendment, section related to Network for Manu- facturing Innovation. Statutory Notes and Related Subsidiaries COORDINATION WITH HOLLINGS MANUFACTURING EXTENSION PARTNERSHIP CENTERS Pub. L. 116–283, div. H, title XCIV, § 9415, Jan. 1, 2021, 134 Stat. 4822, provided that: ‘‘Notwithstanding section 34(d)(2)(A)(iv) of the National Institute for [of] Stand- ards and Technology Act (15 U.S.C. 278s(d)(2)(A)(iv)), each Manufacturing USA Institute (established under subsection (d) of such section) shall, as appropriate, contract with a Hollings Manufacturing Extension Partnership Center (established under section 25 of such Act [15 U.S.C. 278k]) in each State in which such Institute provides services, either directly or through another such Center, to provide defense industrial base- related outreach, technical assistance, workforce devel- opment, and technology transfer assistance to small and medium-sized manufacturers. No Center shall charge in excess of its standard rate for such services. Funds received by a Center through such a contract shall not constitute financial assistance under section 25(e) of such Act.’’ EXPANSION OF MANUFACTURING USA NETWORK Pub. L. 116–92, div. A, title XVII, § 1741(b), Dec. 20, 2019, 133 Stat. 1837, provided that: ‘‘Subject to the avail- ability of appropriations, the Secretary of Commerce shall take such actions as may be necessary to increase Page 703 TITLE 15—COMMERCE AND TRADE § 278t the number of Manufacturing USA institutes that par- ticipate in the Manufacturing USA Network.’’ FINDINGS Pub. L. 113–235, div. B, title VII, § 702, Dec. 16, 2014, 128 Stat. 2220, provided that: ‘‘Congress finds the following: ‘‘(1) In 2012, manufacturers contributed $2.03 trillion to the economy, or 1⁄8 of United States Gross Domes- tic Product. ‘‘(2) For every $1.00 spent in manufacturing, an- other $1.32 is added to the economy, the highest mul- tiplier effect of any economic sector. ‘‘(3) Manufacturing supports an estimated 17,400,000 jobs in the United States—about 1 in 6 private-sector jobs. More than 12,000,000 Americans (or 9 percent of the workforce) are employed directly in manufac- turing. ‘‘(4) In 2012, the average manufacturing worker in the United States earned $77,505 annually, including pay and benefits. The average worker in all industries earned $62,063. ‘‘(5) Taken alone, manufacturing in the United States would be the 8th largest economy in the world. ‘‘(6) Manufacturers in the United States perform two-thirds of all private-sector research and develop- ment in the United States, driving more innovation than any other sector.’’ § 278t. Advanced communications research ac- tivities (a) Advanced communications research (1) In general The Director, in consultation with the As- sistant Secretary for Communications and In- formation, the Director of the National Science Foundation, and heads of other Fed- eral agencies, as appropriate, shall carry out a program of measurement research for ad- vanced communications technologies. (2) Research areas Research areas may include— (A) radio frequency emissions and inter- ference, including technologies and tech- niques to mitigate such emissions and inter- ference; (B) advanced antenna arrays and artificial intelligence systems capable of operating ad- vanced antenna arrays; (C) artificial intelligence systems to en- able internet of things networks, immersive technology, and other advanced communica- tions technologies; (D) network sensing and monitoring tech- nologies; (E) technologies to enable spectrum flexi- bility and agility; (F) optical and quantum communications technologies; (G) security of advanced communications systems; (H) public safety communications; (I) resilient internet of things applications for advanced manufacturing; and (J) other research areas determined nec- essary by the Director. (3) Testbeds In coordination with the Assistant Secretary for Communications and Information, the pri- vate sector, and other Federal agencies as ap- propriate, the Director may develop and man- age testbeds for research and development of advanced communications technologies, avoiding duplication of existing testbeds run by other agencies or the private sector. (4) Outreach In carrying out the activities under this sub- section, the Director shall seek input from other Federal agencies and from private sector stakeholders, on an ongoing basis, to help in- form research and development priorities, in- cluding through workshops and other multi- stakeholder activities. (5) Technical roadmaps In carrying out the activities under this sub- section, the Director shall convene industry, institutions of higher education, nonprofit or- ganizations, Federal laboratories, and other Federal agencies engaged in advanced commu- nications research and development to de- velop, and periodically update, coordinated technical roadmaps for advanced communica- tions research in priority areas, such as those described in paragraph (2). (b) National Advanced Spectrum and Commu- nications Test Network (1) In general The Director, in coordination with the Ad- ministrator of the National Telecommuni- cations and Information Administration and heads of other Federal agencies, as appro- priate, shall operate a national network of government, academic, and commercial test capabilities and facilities to be known as the National Advanced Spectrum and Communica- tions Test Network (referred to in this section as ‘‘NASCTN’’). (2) Purposes NASCTN shall be for the purposes of facili- tating and coordinating the use of intellectual capacity, modeling and simulation, laboratory facilities, and test facilities to meet national spectrum interests and challenges, including— (A) measurements and analyses of electro- magnetic propagation, radio systems charac- teristics, and operating techniques affecting the utilization of the electromagnetic spec- trum in coordination with specialized, re- lated research and analysis performed by other Federal agencies in their areas of re- sponsibility; (B) conducting research and analysis in the general field of telecommunications sciences in support of the Institute’s mission and in support of other Government agen- cies; (C) developing methodologies for testing, measuring, and setting guidelines for inter- ference; (D) conducting interference tests to better understand the impact of current and pro- posed Federal and commercial spectrum ac- tivities; (E) conducting research and testing to im- prove spectrum interference tolerance, flexi- bility, agility, and interference mitigation methods; and (F) other activities as determined nec- essary by the Director. (Mar. 3, 1901, ch. 872, § 35, as added Pub. L. 117–167, div. B, title II, § 10230(2), Aug. 9, 2022, 136 Stat. 1482.)