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Title 42 — The Public Health and Welfare

Part D · Chapter 163 — Research and Development, Competition, and Innovation

§ 18972. Promoting domestic production of technologies developed under Manufacturing USA Program

Statutory text

(a)

Department of Commerce policies to promote domestic production of technologies developed 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 Secretary of Defense shall, in consultation with the Secretary of Commerce, establish policies to promote the domestic production of technologies developed by the Manufacturing USA Network.

(B)

Elements

The policies established under subparagraph (A) shall include the following:

(i)

Measures to partner domestic developers 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 intellectual property and goods, services, or technologies developed by Manufacturing USA Network activities to domestic manufacturers.

(iii)

Measures to assist with supplier scouting and other supply chain development, 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, especially from countries of concern, including the People’s Republic of China.

(v)

Measures to prioritize Federal procurement of goods, services, or technologies developed by the Manufacturing USA Network activities from domestic sources, as appropriate.

(C)

Processes for waivers

The policies established under this paragraph 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 requirements, 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 Manufacturing 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 Department of Commerce on matters concerning investment in and support of the manufacturing workforce within the Manufacturing USA Program.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Research and Development, Competition, and Innovation Act

    Pub. L. 117–167 div. B title II § 10263 · 136 Stat. 1366

    Enacted · 42 U.S.C. § 18972

    (Pub. L. 117–167, div. B, title II, § 10263, Aug. 9, 2022, 136 Stat. 1504.)

    Source evidence

    Code source credit
    (Pub. L. 117–167, div. B, title II, § 10263, Aug. 9, 2022, 136 Stat. 1504.)

    Enacted provision · exact public law section
    SEC. 10263. PROMOTING DOMESTIC PRODUCTION OF TECHNOLOGIES DEVELOPED UNDER MANUFACTURING USA PROGRAM. (a) Department of Commerce Policies to Promote Domestic Production of Technologies Developed Under Manufacturing USA Network.— (1) Policies.— (A) In general.— Each agency head (as such term is defined in section 34(a) of the National Institute of Standards and Technology Act (15 U.S.C. 278s(a))) and the Secretary of Defense shall, in consultation with the Secretary of Commerce, establish policies to promote the domestic production of technologies developed by the Manufacturing USA Network. (B) Elements.— The policies established under subparagraph (A) shall include the following: (i) Measures to partner domestic developers 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 intellectual property and goods, services, or technologies developed by Manufacturing USA Network activities to domestic manufacturers. (iii) Measures to assist with supplier scouting and other supply chain development, including the use of the Hollings Manufacturing Extension Partnership under section 25 of the National Institute of Standards and Technology Act (15 U.S.C. 278k) to carry out such measures. (iv) A process to review and approve or deny membership in a Manufacturing USA institute by foreign-owned entities, especially from countries of concern, including the People’s Republic of China. (v) Measures to prioritize Federal procurement of goods, services, or technologies developed by the Manufacturing USA Network activities from domestic sources, as appropriate. (C) Processes for waivers.— The policies established under this paragraph 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 requirements, 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 Manufacturing 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) Coordination of Manufacturing USA Institutes.— Subsection (h) of section 34 of the National Institute of Standards and Technology Act (15 U.S.C. 278s) is amended by adding at the end the following: “(7) Council for coordination of institutes.— “(A) Council.— The National Program Office shall establish or designate a council of heads of any Manufacturing USA institute receiving Federal funding at any time to foster collaboration between Manufacturing USA institutes. “(B) Meetings.— The council established or designated pursuant to subparagraph (A) shall meet not less frequently than twice each year. “(C) Duties of the council.— The council established pursuant to subparagraph (A) shall assist the National Program Office in carrying out the functions of the National Program Office under paragraph (2).” . (c) Requirement for National Program Office to Develop Strategies for Retaining Domestic Public Benefit After Cessation of Federal Funding.— Subparagraph (C) of section 34(h)(2) of the National Institute of Standards and Technology Act (15 U.S.C. 278s(h)(2)) is amended by inserting “, including a strategy for retaining domestic public benefits from Manufacturing USA institutes once Federal funding has been discontinued” after “Program”. (d) Modification of Functions of National Program Office to Include Development of Industry Credentials.— Subparagraph (J) of section 34(h)(2) of the National Institute of Standards and Technology Act (15 U.S.C. 278s(h)(2)) is amended by inserting “, including the development of industry credentials” after “activities”. (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 Department of Commerce on matters concerning investment in and support of the manufacturing workforce within the Manufacturing USA Program.

1 of 1 references resolved to an enrolled provision

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, Commerce and Trade.

Credits

(Pub. L. 117–167, div. B, title II, § 10263, , 136 Stat. 1504.)

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