This division may be cited as the “Commerce, Justice, Science, and Related Agencies Appropriations Act, 2015”.
Division B — Commerce, Justice, Science, and Related Agencies Appropriations Act, 2015
DIVISION B Commerce, Justice, Science, and Related Agencies Appropriations Act, 2015
TITLE I Department of Commerce
International Trade Administration
Bureau of Industry and Security
Economic Development Administration
Minority Business Development Agency
Economic and Statistical Analysis
Bureau of the Census
National Telecommunications and Information Administration
United States Patent and Trademark Office
National Institute of Standards and Technology
National Oceanic and Atmospheric Administration
Departmental Management
General Provisions—Department of Commerce
This title may be cited as the “Department of Commerce Appropriations Act, 2015”.
TITLE II Department of Justice
General Administration
United States Parole Commission
Legal Activities
United States Marshals Service
National Security Division
Interagency Law Enforcement
Federal Bureau of Investigation
Drug Enforcement Administration
Bureau of Alcohol, Tobacco, Firearms and Explosives
Federal Prison System
State and Local Law Enforcement Activities
Office of Justice Programs
Community Oriented Policing Services
General Provisions—Department of Justice
This title may be cited as the “Department of Justice Appropriations Act, 2015”.
TITLE III Science
Office of Science and Technology Policy
For necessary expenses of the Office of Science and Technology Policy, in carrying out the purposes of the National Science and Technology Policy, Organization, and Priorities Act of 1976 (42 U.S.C. 6601 et seq.), hire of passenger motor vehicles, and services as authorized by section 3109 of title 5, United States Code, not to exceed $2,250 for official reception and representation expenses, and rental of conference rooms in the District of Columbia, $5,555,000.
National Aeronautics and Space Administration
National Science Foundation
This title may be cited as the “Science Appropriations Act, 2015”.
TITLE IV Related Agencies
Commission on Civil Rights
Equal Employment Opportunity Commission
International Trade Commission
Legal Services Corporation
Marine Mammal Commission
Office of the United States Trade Representative
State Justice Institute
TITLE V General Provisions
Sec. 501.
No part of any appropriation contained in this Act shall be used for publicity or propaganda purposes not authorized by the Congress.
Sec. 502.
No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein.
Sec. 503.
The expenditure of any appropriation under this Act for any consulting service through procurement contract, pursuant to section 3109 of title 5, United States Code, shall be limited to those contracts where such expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law, or under existing Executive order issued pursuant to existing law.
Sec. 504.
If any provision of this Act or the application of such provision to any person or circumstances shall be held invalid, the remainder of the Act and the application of each provision to persons or circumstances other than those as to which it is held invalid shall not be affected thereby.
Sec. 505.
None of the funds provided under this Act, or provided under previous appropriations Acts to the agencies funded by this Act that remain available for obligation or expenditure in fiscal year 2015, or provided from any accounts in the Treasury of the United States derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditure through a reprogramming of funds that: (1) creates or initiates a new program, project or activity; (2) eliminates a program, project or activity; (3) increases funds or personnel by any means for any project or activity for which funds have been denied or restricted; (4) relocates an office or employees; (5) reorganizes or renames offices, programs or activities; (6) contracts out or privatizes any functions or activities presently performed by Federal employees; (7) augments existing programs, projects or activities in excess of $500,000 or 10 percent, whichever is less, or reduces by 10 percent funding for any program, project or activity, or numbers of personnel by 10 percent; or (8) results from any general savings, including savings from a reduction in personnel, which would result in a change in existing programs, projects or activities as approved by Congress; unless the House and Senate Committees on Appropriations are notified 15 days in advance of such reprogramming of funds by agencies (excluding agencies of the Department of Justice) funded by this Act and 45 days in advance of such reprogramming of funds by agencies of the Department of Justice funded by this Act.
Sec. 506.
If it has been finally determined by a court or Federal agency that any person intentionally affixed a label bearing a “Made in America” inscription, or any inscription with the same meaning, to any product sold in or shipped to the United States that is not made in the United States, the person shall be ineligible to receive any contract or subcontract made with funds made available in this Act, pursuant to the debarment, suspension, and ineligibility procedures described in sections 9.400 through 9.409 of title 48, Code of Federal Regulations.
To the extent practicable, with respect to authorized purchases of promotional items, funds made available by this Act shall be used to purchase items that are manufactured, produced, or assembled in the United States, its territories or possessions.
The term “promotional items” has the meaning given the term in OMB Circular A–87, Attachment B, Item (1)(f)(3).
Sec. 507.
The Departments of Commerce and Justice, the National Science Foundation, and the National Aeronautics and Space Administration shall provide to the Committees on Appropriations of the House of Representatives and the Senate a quarterly report on the status of balances of appropriations at the account level. For unobligated, uncommitted balances and unobligated, committed balances the quarterly reports shall separately identify the amounts attributable to each source year of appropriation from which the balances were derived. For balances that are obligated, but unexpended, the quarterly reports shall separately identify amounts by the year of obligation.
The report described in subsection (a) shall be submitted within 30 days of the end of each quarter.
If a department or agency is unable to fulfill any aspect of a reporting requirement described in subsection (a) due to a limitation of a current accounting system, the department or agency shall fulfill such aspect to the maximum extent practicable under such accounting system and shall identify and describe in each quarterly report the extent to which such aspect is not fulfilled.
Sec. 508.
Any costs incurred by a department or agency funded under this Act resulting from, or to prevent, personnel actions taken in response to funding reductions included in this Act shall be absorbed within the total budgetary resources available to such department or agency: Provided, That the authority to transfer funds between appropriations accounts as may be necessary to carry out this section is provided in addition to authorities included elsewhere in this Act: Provided further, That use of funds to carry out this section shall be treated as a reprogramming of funds under section 505 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section: Provided further, That for the Department of Commerce, this section shall also apply to actions taken for the care and protection of loan collateral or grant property.
Sec. 509.
None of the funds provided by this Act shall be available to promote the sale or export of tobacco or tobacco products, or to seek the reduction or removal by any foreign country of restrictions on the marketing of tobacco or tobacco products, except for restrictions which are not applied equally to all tobacco or tobacco products of the same type.
Sec. 510.
Notwithstanding any other provision of law, amounts deposited or available in the Fund established by section 1402 of chapter XIV of title II of Public Law 98–473 (42 U.S.C. 10601) in any fiscal year in excess of $2,361,000,000 shall not be available for obligation until the following fiscal year: Provided, That notwithstanding section 1402(d) of such Act, of the amounts available from the Fund for obligation $10,000,000 shall remain available until expended to the Department of Justice Office of Inspector General for oversight and auditing purposes.
Sec. 511.
None of the funds made available to the Department of Justice in this Act may be used to discriminate against or denigrate the religious or moral beliefs of students who participate in programs for which financial assistance is provided from those funds, or of the parents or legal guardians of such students.
Sec. 512.
None of the funds made available in this Act may be transferred to any department, agency, or instrumentality of the United States Government, except pursuant to a transfer made by, or transfer authority provided in, this Act or any other appropriations Act.
Sec. 513.
Any funds provided in this Act used to implement E-Government Initiatives shall be subject to the procedures set forth in section 505 of this Act.
Sec. 514.
The Inspectors General of the Department of Commerce, the Department of Justice, the National Aeronautics and Space Administration, the National Science Foundation, and the Legal Services Corporation shall conduct audits, pursuant to the Inspector General Act (5 U.S.C. App.), of grants or contracts for which funds are appropriated by this Act, and shall submit reports to Congress on the progress of such audits, which may include preliminary findings and a description of areas of particular interest, within 180 days after initiating such an audit and every 180 days thereafter until any such audit is completed.
Within 60 days after the date on which an audit described in subsection (a) by an Inspector General is completed, the Secretary, Attorney General, Administrator, Director, or President, as appropriate, shall make the results of the audit available to the public on the Internet website maintained by the Department, Administration, Foundation, or Corporation, respectively. The results shall be made available in redacted form to exclude—
any matter described in section 552(b) of title 5, United States Code; and
sensitive personal information for any individual, the public access to which could be used to commit identity theft or for other inappropriate or unlawful purposes.
Any person awarded a grant or contract funded by amounts appropriated by this Act shall submit a statement to the Secretary of Commerce, the Attorney General, the Administrator, Director, or President, as appropriate, certifying that no funds derived from the grant or contract will be made available through a subcontract or in any other manner to another person who has a financial interest in the person awarded the grant or contract.
The provisions of the preceding subsections of this section shall take effect 30 days after the date on which the Director of the Office of Management and Budget, in consultation with the Director of the Office of Government Ethics, determines that a uniform set of rules and requirements, substantially similar to the requirements in such subsections, consistently apply under the executive branch ethics program to all Federal departments, agencies, and entities.
Sec. 515.
None of the funds appropriated or otherwise made available under this Act may be used by the Departments of Commerce and Justice, the National Aeronautics and Space Administration, or the National Science Foundation to acquire a high-impact or moderate-impact information system, as defined for security categorization in the National Institute of Standards and Technology’s (NIST) Federal Information Processing Standard Publication 199, “Standards for Security Categorization of Federal Information and Information Systems” unless the agency has—
reviewed the supply chain risk for the information systems against criteria developed by NIST to inform acquisition decisions for high-impact and moderate-impact information systems within the Federal Government;
reviewed the supply chain risk from the presumptive awardee against available and relevant threat information provided by the Federal Bureau of Investigation and other appropriate agencies; and
in consultation with the Federal Bureau of Investigation or other appropriate Federal entity, conducted an assessment of any risk of cyber-espionage or sabotage associated with the acquisition of such system, including any risk associated with such system being produced, manufactured, or assembled by one or more entities identified by the United States Government as posing a cyber threat, including but not limited to, those that may be owned, directed, or subsidized by the People’s Republic of China.
None of the funds appropriated or otherwise made available under this Act may be used to acquire a high-impact or moderate-impact information system reviewed and assessed under subsection (a) unless the head of the assessing entity described in subsection (a) has—
developed, in consultation with NIST and supply chain risk management experts, a mitigation strategy for any identified risks;
determined that the acquisition of such system is in the national interest of the United States; and
reported that determination to the Committees on Appropriations of the House of Representatives and the Senate.
Sec. 516.
None of the funds made available in this Act shall be used in any way whatsoever to support or justify the use of torture by any official or contract employee of the United States Government.
Sec. 517.
Notwithstanding any other provision of law or treaty, none of the funds appropriated or otherwise made available under this Act or any other Act may be expended or obligated by a department, agency, or instrumentality of the United States to pay administrative expenses or to compensate an officer or employee of the United States in connection with requiring an export license for the export to Canada of components, parts, accessories or attachments for firearms listed in Category I, section 121.1 of title 22, Code of Federal Regulations (International Trafficking in Arms Regulations (ITAR), part 121, as it existed on April 1, 2005) with a total value not exceeding $500 wholesale in any transaction, provided that the conditions of subsection (b) of this section are met by the exporting party for such articles.
The foregoing exemption from obtaining an export license—
does not exempt an exporter from filing any Shipper’s Export Declaration or notification letter required by law, or from being otherwise eligible under the laws of the United States to possess, ship, transport, or export the articles enumerated in subsection (a); and
does not permit the export without a license of—
fully automatic firearms and components and parts for such firearms, other than for end use by the Federal Government, or a Provincial or Municipal Government of Canada;
barrels, cylinders, receivers (frames) or complete breech mechanisms for any firearm listed in Category I, other than for end use by the Federal Government, or a Provincial or Municipal Government of Canada; or
articles for export from Canada to another foreign destination.
In accordance with this section, the District Directors of Customs and postmasters shall permit the permanent or temporary export without a license of any unclassified articles specified in subsection (a) to Canada for end use in Canada or return to the United States, or temporary import of Canadian-origin items from Canada for end use in the United States or return to Canada for a Canadian citizen.
The President may require export licenses under this section on a temporary basis if the President determines, upon publication first in the Federal Register, that the Government of Canada has implemented or maintained inadequate import controls for the articles specified in subsection (a), such that a significant diversion of such articles has and continues to take place for use in international terrorism or in the escalation of a conflict in another nation. The President shall terminate the requirements of a license when reasons for the temporary requirements have ceased.
Sec. 518.
Notwithstanding any other provision of law, no department, agency, or instrumentality of the United States receiving appropriated funds under this Act or any other Act shall obligate or expend in any way such funds to pay administrative expenses or the compensation of any officer or employee of the United States to deny any application submitted pursuant to 22 U.S.C. 2778(b)(1)(B) and qualified pursuant to 27 CFR section 478.112 or .113, for a permit to import United States origin “curios or relics” firearms, parts, or ammunition.
Sec. 519.
None of the funds made available in this Act may be used to include in any new bilateral or multilateral trade agreement the text of—
paragraph 2 of article 16.7 of the United States-Singapore Free Trade Agreement;
paragraph 4 of article 17.9 of the United States-Australia Free Trade Agreement; or
paragraph 4 of article 15.9 of the United States-Morocco Free Trade Agreement.
Sec. 520.
None of the funds made available in this Act may be used to authorize or issue a national security letter in contravention of any of the following laws authorizing the Federal Bureau of Investigation to issue national security letters: The Right to Financial Privacy Act; The Electronic Communications Privacy Act; The Fair Credit Reporting Act; The National Security Act of 1947; USA PATRIOT Act; and the laws amended by these Acts.
Sec. 521.
If at any time during any quarter, the program manager of a project within the jurisdiction of the Departments of Commerce or Justice, the National Aeronautics and Space Administration, or the National Science Foundation totaling more than $75,000,000 has reasonable cause to believe that the total program cost has increased by 10 percent or more, the program manager shall immediately inform the respective Secretary, Administrator, or Director. The Secretary, Administrator, or Director shall notify the House and Senate Committees on Appropriations within 30 days in writing of such increase, and shall include in such notice: the date on which such determination was made; a statement of the reasons for such increases; the action taken and proposed to be taken to control future cost growth of the project; changes made in the performance or schedule milestones and the degree to which such changes have contributed to the increase in total program costs or procurement costs; new estimates of the total project or procurement costs; and a statement validating that the project’s management structure is adequate to control total project or procurement costs.
Sec. 522.
Funds appropriated by this Act, or made available by the transfer of funds in this Act, for intelligence or intelligence related activities are deemed to be specifically authorized by the Congress for purposes of section 504 of the National Security Act of 1947 (50 U.S.C. 414) during fiscal year 2015 until the enactment of the Intelligence Authorization Act for fiscal year 2015.
Sec. 523.
None of the funds appropriated or otherwise made available by this Act may be used to enter into a contract in an amount greater than $5,000,000 or to award a grant in excess of such amount unless the prospective contractor or grantee certifies in writing to the agency awarding the contract or grant that, to the best of its knowledge and belief, the contractor or grantee has filed all Federal tax returns required during the three years preceding the certification, has not been convicted of a criminal offense under the Internal Revenue Code of 1986, and has not, more than 90 days prior to certification, been notified of any unpaid Federal tax assessment for which the liability remains unsatisfied, unless the assessment is the subject of an installment agreement or offer in compromise that has been approved by the Internal Revenue Service and is not in default, or the assessment is the subject of a non-frivolous administrative or judicial proceeding.
(rescissions)
TITLE VI Travel Promotion, Enhancement, and Modernization Act of 2014
SEC. 601. Short Title.
This title may be cited as the “Travel Promotion, Enhancement, and Modernization Act of 2014”.
SEC. 602. Board of Directors.
Subsection (b)(2)(A) of the Travel Promotion Act of 2009 (22 U.S.C. 2131(b)(2)(A)) is amended—
in the matter preceding clause (i)—
in the first sentence, by striking “ promotion and marketing” and inserting “ promotion or marketing”; and
by inserting after the first sentence the following: “ At least 5 members of the board shall have experience working in United States multinational entities with marketing budgets. At least 2 members of the board shall be audit committee financial experts (as defined by the Securities and Exchange Commission in accordance with section 407 of Public Law 107–204 (15 U.S.C. 7265)). All members of the board shall be a current or former chief executive officer, chief financial officer, or chief marketing officer, or have held an equivalent management position.”; and
in clause (x), by striking “ intercity passenger railroad business” and inserting “ land or sea passenger transportation sector”.
SEC. 603. Annual Report to Congress.
Subsection (c)(3) of the Travel Promotion Act of 2009 (22 U.S.C. 2131(c)(3)) is amended—
in subparagraph (F), by striking “ and” at the end;
by redesignating subparagraph (G) as subparagraph (I); and
by inserting after subparagraph (F) the following:
“(G) a description of, and rationales for, the Corporation’s efforts to focus on specific countries and populations;
“(H)
(i) a description of, and rationales for, the Corporation’s combination of media channels employed in meeting the promotional objectives of its marketing campaign;
“(ii) the ratio in which such channels are used; and
“(iii) a justification for the use and ratio of such channels; and”
SEC. 604. Biannual Review of Procedures to Determine Fair Market Value of Goods and Services.
Subsection (d)(3) of the Travel Promotion Act of 2009 (22 U.S.C. 2131(d)(3)) is amended—
in subparagraph (B)(ii), by striking “ 80 percent” and inserting “ 70 percent”; and
by adding at the end the following:
“(E) Maintenance of an in-kind contributions policy.—The Corporation shall maintain an in-kind contributions policy.
“(F) Formalized procedures for in-kind contributions policy.—Not later than 90 days after the date of enactment of the Travel Promotion, Enhancement, and Modernization Act of 2014, the Secretary of Commerce, in coordination with the Corporation, shall establish formal, publicly available procedures specifying time frames and conditions for—
“(i) making and agreeing to revisions of the Corporation’s in-kind contributions policy; and
“(ii) addressing and resolving disagreements between the Corporation and its partners, including the Secretary of Commerce, regarding the in-kind contributions policy.
“(G) Biannual review of procedures to determine fair market value of goods and services.—The Corporation and the Secretary of Commerce (or their designees) shall meet on a biannual basis to review the procedures to determine the fair market value of goods and services received from non-Federal sources by the Corporation under subparagraph (B).”
SEC. 605. Extension of Travel Promotion Act of 2009.
in subsection (b)(5)(A)(iv), by striking “ all States and the District of Columbia” and inserting “ all States and territories of the United States and the District of Columbia,”; and
in subsection (d)—
in paragraph (2)(B), by striking “ 2015” and inserting “ 2020”; and
in paragraph (4)(B), by striking “ fiscal year 2011, 2012, 2013, 2014, or 2015” and inserting “ each of the fiscal years 2011 through 2020”.
Sunset of Travel Promotion Fund Fee.— Section 217(h)(3)(B)(iii) of the Immigration and Nationality Act (8 U.S.C. 1187(h)(3)(B)(iii)) is amended by striking “ September 30, 2015” and inserting “ September 30, 2020”.
SEC. 606. Accountability; Procurement Requirements.
The Travel Promotion Act of 2009 (22 U.S.C. 2131), as amended by this Act, is further amended—
by redesignating subsections (e), (f), (g), and (h) as subsections (h), (e), (i), and (j), respectively;
by moving subsection (e) (as so redesignated) so that it follows subsection (d);
in paragraph (2) of subsection (c), by striking “ $5,000,000” and inserting “ $500,000”; and
by inserting after subsection (e), as redesignated, the following:
“(f) Accountability.—
“(1) Performance plans and measures.—Not later than 90 days after the date of the enactment of the Travel Promotion, Enhancement, and Modernization Act of 2014, the Corporation shall—
“(A) establish performance metrics including, time frames, evaluation methodologies, and data sources for measuring—
“(i) the effectiveness of marketing efforts by the Corporation, including its progress in achieving the long-term goals of increased traveler visits to and spending in the United States;
“(ii) whether increases in visitation and spending have occurred in response to external influences, such as economic conditions or exchange rates, rather than in response to the efforts of the Corporation; and
“(iii) any cost or benefit to the economy of the United States; and
“(B) conduct periodic program evaluations in response to the data resulting from measurements under subparagraph (A).
“(2) GAO accountability.—Not later than 60 days after the date on which the Corporation receives a report from the Government Accountability Office with recommendations for the Corporation, the Corporation shall submit a report to Congress that describes the actions taken by the Corporation in response to the recommendations in such report.
“(g) Procurement Requirements.—The Corporation shall—
“(1) establish a competitive procurement process; and
“(2) certify in its annual report to Congress under subsection (c)(3) that any contracts entered into were in compliance with the established competitive procurement process.”
SEC. 607. Repeal of Assessment Authority.
The Travel Promotion Act of 2009 (22 U.S.C. 2131), as amended by this Act, is further amended by striking subsection (e) (as redesignated by section 606(1) of this Act).
TITLE VII Revitalize American Manufacturing and Innovation Act of 2014
SEC. 701. Short Title.
This title may be cited as the “Revitalize American Manufacturing and Innovation Act of 2014”.
SEC. 702. Findings.
Congress finds the following:
In 2012, manufacturers contributed $2.03 trillion to the economy, or ⅛ of United States Gross Domestic Product.
For every $1.00 spent in manufacturing, another $1.32 is added to the economy, the highest multiplier effect of any economic sector.
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 manufacturing.
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.
Taken alone, manufacturing in the United States would be the 8th largest economy in the world.
Manufacturers in the United States perform two-thirds of all private-sector research and development in the United States, driving more innovation than any other sector.
SEC. 703. Establishment of Network for Manufacturing Innovation.
The National Institute of Standards and Technology Act (15 U.S.C. 271 et seq.) is amended—
by redesignating section 34 as section 35; and
by inserting after section 33 (15 U.S.C. 278r) the following:
“SEC. 34. NETWORK FOR MANUFACTURING INNOVATION.
“(a) Establishment of Network for Manufacturing Innovation Program.—
“(1) In general.—The Secretary shall establish within the Institute a program to be known as the ‘Network for Manufacturing Innovation Program’ (referred 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 increase the production of goods manufactured predominantly within the United States;
“(B) to stimulate United States leadership in advanced manufacturing research, innovation, and technology;
“(C) to facilitate the transition of innovative technologies into scalable, cost-effective, and high-performing manufacturing capabilities;
“(D) to facilitate access by manufacturing enterprises to capital-intensive infrastructure, including high-performance electronics and computing, and the supply chains that enable these technologies;
“(E) to accelerate the development of an advanced manufacturing workforce;
“(F) to facilitate peer exchange of and the documentation of best practices in addressing advanced manufacturing challenges;
“(G) to leverage non-Federal sources of support to promote a stable and sustainable business model without the need for long-term Federal funding; and
“(H) to create and preserve jobs.
“(3) Support.—The Secretary, acting through the Director, shall carry out the purposes set forth in paragraph (2) by supporting—
“(A) the Network for Manufacturing Innovation established under subsection (b); and
“(B) the establishment of centers for manufacturing innovation.
“(4) Director.—The Secretary shall carry out the Program through the Director.
“(b) Establishment of Network for Manufacturing Innovation.—
“(1) In general.—As part of the Program, the Secretary shall establish a network of centers for manufacturing innovation.
“(2) Designation.—The network established under paragraph (1) shall be known as the ‘Network for Manufacturing Innovation’ (referred to in this section as the ‘Network’).
“(c) Centers for Manufacturing Innovation.—
“(1) In general.—For purposes of this section, a ‘center for manufacturing innovation’ is a center that—
“(A) has been established by a person or group of persons to address challenges in advanced manufacturing and to assist manufacturers in retaining or expanding industrial production and jobs in the United States;
“(B) has a predominant focus on a manufacturing process, novel material, enabling technology, supply chain integration methodology, or another relevant aspect of advanced manufacturing, such as nanotechnology applications, advanced ceramics, photonics and optics, composites, biobased and advanced materials, flexible hybrid technologies, and tool development for microelectronics;
“(C) as determined by the Secretary, has the potential—
“(i) to improve the competitiveness of United States manufacturing, including key advanced manufacturing technologies such as nanotechnology, advanced ceramics, photonics and optics, composites, biobased and advanced materials, flexible hybrid technologies, and tool development for microelectronics;
“(ii) to accelerate non-Federal investment in advanced manufacturing production capacity in the United States; or
“(iii) to enable the commercial application of new technologies or industry-wide manufacturing processes; and
“(D) includes active participation among representatives from multiple industrial entities, research universities, community colleges, and such other entities as the Secretary considers appropriate, which may include industry-led consortia, career and technical education schools, Federal laboratories, State, local, and tribal governments, businesses, educational institutions, and nonprofit organizations.
“(2) Activities.—Activities of a center for manufacturing innovation may include the following:
“(A) Research, development, and demonstration projects, including proof-of-concept development and prototyping, to reduce the cost, time, and risk of commercializing new technologies and improvements in existing technologies, processes, products, and research and development of materials to solve precompetitive industrial problems with economic or national security implications.
“(B) Development and implementation of education, training, and workforce recruitment courses, materials, and programs.
“(C) Development of innovative methodologies and practices for supply chain integration and introduction of new technologies into supply chains.
“(D) Outreach and engagement with small and medium-sized manufacturing enterprises, including women and minority owned manufacturing enterprises, in addition to large manufacturing enterprises.
“(E) Such other activities as the Secretary, 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).
“(3) Additional centers for manufacturing innovation.—
“(A) In general.—The National Additive Manufacturing Innovation Institute and other manufacturing centers formally recognized as manufacturing innovation centers pursuant to Federal law or executive actions, or under pending interagency review for such recognition as of the date of enactment of the Revitalize American Manufacturing and Innovation Act of 2014, shall be considered centers for manufacturing innovation, but such centers shall not receive any financial assistance under subsection (d).
“(B) Network participation.—A manufacturing center that is substantially similar to those established under this subsection but that does not receive financial assistance under subsection (d) may, upon request of the center, be recognized as a center for manufacturing innovation by the Secretary for purposes of participation in the Network.
“(d) Financial Assistance to Establish and Support Centers for Manufacturing Innovation.—
“(1) In general.—In carrying out the Program, the Secretary shall award financial assistance to a person or group of persons to assist the organization in planning, establishing, or supporting a center for manufacturing innovation.
“(2) Application.—A person or group of persons seeking financial assistance under paragraph (1) shall submit to the Secretary an application therefor at such time, in such manner, and containing such information as the Secretary may require. The application shall, at a minimum, describe the specific sources and amounts of non-Federal financial support for the center on the date financial assistance is sought, as well as the anticipated sources and amounts of non-Federal financial support during the period for which the center could be eligible for continued Federal financial assistance under this section.
“(3) Open process.—In soliciting applications for financial assistance under paragraph (1), the Secretary shall ensure an open process that will allow for the consideration of all applications relevant to advanced manufacturing regardless of technology area.
“(4) Selection.—
“(A) Competitive, merit review.—In awarding financial assistance under paragraph (1), the Secretary shall 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.
“(B) Participation in process.—
“(i) In general.—No political appointee may participate on a peer review panel. The Secretary shall implement a conflict of interest policy that ensures public transparency and accountability, and requires full disclosure of any real or potential conflicts of interest on the parts of individuals that participate in the merit selection process.
“(ii) Definition.—For purposes of this subparagraph, the term ‘political appointee’ means any individual who—
“(I) is employed in a position described under sections 5312 through 5316 of title 5, United States Code, (relating to the Executive Schedule);
“(II) is a limited term appointee, limited emergency appointee, or noncareer appointee in the Senior Executive Service, as defined under paragraphs (5), (6), and (7), respectively, of section 3132(a) of title 5, United States Code; or
“(III) is employed in a position in the executive branch of the Government of a confidential or policy-determining character under schedule C of subpart C of part 213 of title 5 of the Code of Federal Regulations.
“(C) Performance measurement, transparency, and accountability.—For each award of financial assistance under paragraph (1), the Secretary shall—
“(i) make publicly available at the time of the award a description of the bases for the award, including an explanation of the relative merits of the winning applicant as compared to other applications received, if applicable; and
“(ii) develop and implement metrics-based performance measures to assess the effectiveness of the activities funded.
“(D) Collaboration.—In awarding financial assistance under paragraph (1), the Secretary shall, acting through the National Program Office established under subsection (f)(1), collaborate with Federal departments and agencies whose missions contribute to or are affected by advanced manufacturing.
“(E) Considerations.—In selecting a person who submitted an application under paragraph (2) for an award of financial assistance under paragraph (1), the Secretary shall consider, at a minimum, the following:
“(i) The potential of the center for manufacturing innovation to advance domestic manufacturing and the likelihood of economic impact, including the creation or preservation of jobs, in the predominant focus areas of the center for manufacturing innovation.
“(ii) The commitment of continued financial support, advice, participation, and other contributions from non-Federal sources, to provide leverage and resources to promote a stable and sustainable business model without the need for long-term Federal funding.
“(iii) Whether the financial support provided to the center for manufacturing innovation from non-Federal sources significantly exceeds the requested Federal financial assistance.
“(iv) How the center for manufacturing innovation will increase the non-Federal investment in advanced manufacturing research in the United States.
“(v) How the center for manufacturing innovation will engage with small and medium-sized manufacturing enterprises, to improve the capacity of such enterprises to commercialize new processes and technologies.
“(vi) How the center for manufacturing innovation will carry out educational and workforce activities that meet industrial needs related to the predominant focus areas of the center.
“(vii) How the center for manufacturing innovation will advance economic competitiveness 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 center for manufacturing innovation is a manufacturing process, novel material, enabling technology, supply chain integration methodology, or other relevant aspect of advanced manufacturing that has not already been commercialized, marketed, distributed, or sold by another entity.
“(ix) How the center for manufacturing innovation will strengthen and leverage the assets of a region.
“(x) How the center for manufacturing will encourage the education and training of veterans and individuals with disabilities.
“(5) Limitations on awards.—
“(A) In general.—No award of financial assistance may be made under paragraph (1) to a center of manufacturing innovation after the 7-year period beginning on the date on which the Secretary first awards financial assistance to that center under that paragraph.
“(B) Matching funds and preferences.—The total Federal financial assistance awarded to a center of manufacturing innovation, including the financial assistance under paragraph (1), in a given year shall not exceed 50 percent of the total funding of the center in that year, except that the Secretary may make an exception in the case of large capital facilities or equipment purchases. The Secretary shall give weighted preference to applicants seeking less than the maximum Federal share of funds allowed under this paragraph.
“(C) Funding decrease.—The amount of financial assistance provided to a center of manufacturing innovation under paragraph (1) shall decrease after the second year of funding for the center, and shall continue to decrease thereafter in each year in which financial assistance is provided, unless the Secretary determines that—
“(i) the center is otherwise meeting its stated goals and metrics under this section;
“(ii) unforeseen circumstances have altered the center’s anticipated funding; and
“(iii) the center can identify future non-Federal funding sources that would warrant a temporary exemption from the limitations established in this subparagraph.
“(e) Funding.—
“(1) General rule.—Except as provided in paragraph (2), no funds are authorized to be appropriated by the Revitalize American Manufacturing and Innovation Act of 2014 for carrying out this section.
“(2) Authority.—
“(A) NIST industrial technical services account.—To the extent provided for in advance by appropriations Acts, the Secretary may use not to exceed $5,000,000 for each of the fiscal years 2015 through 2024 to carry out this section from amounts appropriated to the Institute for Industrial Technical Services.
“(B) Energy efficiency and renewable energy account.—To the extent provided for in advance by appropriations Acts, the Secretary of Energy may transfer to the Institute not to exceed $250,000,000 for the period encompassing fiscal years 2015 through 2024 for the Secretary to carry out this section from amounts appropriated for advanced manufacturing research and development within the Energy Efficiency and Renewable Energy account for the Department of Energy.
“(f) National Program Office.—
“(1) Establishment.—The Secretary shall establish, within the Institute, the National Office of the Network for Manufacturing Innovation Program (referred to in this section as the ‘National Program Office’), which shall oversee and carry out the Program.
“(2) Functions.—The functions of the National Program Office are—
“(A) to oversee the planning, management, and coordination of the Program;
“(B) to enter into memorandums of understanding with Federal departments and agencies whose missions contribute to or are affected by advanced manufacturing, to carry out the purposes described in subsection (a)(2);
“(C) to develop, not later than 1 year after the date of enactment of the Revitalize American Manufacturing and Innovation Act of 2014, and update not less frequently than once every 3 years thereafter, a strategic plan to guide the Program;
“(D) to establish such procedures, processes, and criteria as may be necessary and appropriate to maximize cooperation and coordinate the activities of the Program with programs and activities of other Federal departments and agencies whose missions contribute to or are affected by advanced manufacturing;
“(E) to establish a clearinghouse of public information related to the activities of the Program; and
“(F) to act as a convener of the Network.
“(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 industry, small and medium-sized manufacturing enterprises, research universities, community colleges, and other relevant organizations and institutions on an ongoing basis.
“(4) Report to congress.—Upon completion, the Secretary shall transmit the strategic plan required under paragraph (2)(C) to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives.
“(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 that the results of the Program reach small and medium-sized entities.
“(6) Detailees.—Any Federal Government employee may be detailed to the National Program Office without reimbursement. Such detail shall be without interruption or loss of civil service status or privilege.
“(g) Reporting and Auditing.—
“(1) Annual reports to the secretary.—
“(A) In general.—The Secretary shall require each recipient of financial assistance under subsection (d)(1) to annually submit a report to the Secretary that describes the finances and performance of the center for manufacturing innovation for which such assistance was awarded.
“(B) Elements.—Each report submitted under subparagraph (A) shall include—
“(i) an accounting of expenditures of amounts awarded to the recipient under subsection (d)(1); and
“(ii) consistent with the metrics-based performance measures developed and implemented by the Secretary under this section, a description of the performance of the center for manufacturing innovation with respect to—
“(I) its goals, plans, financial support, and accomplishments; and
“(II) how the center for manufacturing innovation has furthered the purposes described in subsection (a)(2).
“(2) Annual reports to congress.—
“(A) In general.—Not less frequently than once each year until December 31, 2024, 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 reports received by the Secretary under paragraph (1);
“(ii) an accounting of the funds expended by the Secretary under the Program, including any temporary exemptions granted from the requirements of subsection (d)(5)(C);
“(iii) an assessment of the participation in, and contributions to, the Network by any centers for manufacturing innovation not receiving financial assistance under subsection (d)(1); and
“(iv) an assessment of the Program with respect to meeting the purposes described in subsection (a)(2).
“(3) Assessments by gao.—
“(A) Assessments.—Not less frequently than once every 2 years, the Comptroller General shall submit to Congress an assessment of the operation of the Program during the most recent 2-year period.
“(B) Final assessment.—Not later than December 31, 2024, the Comptroller General shall submit to Congress a final report regarding the overall success of the Program.
“(C) Elements.—Each assessment submitted under subparagraph (A) or (B) 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.
“(h) Additional Authorities.—
“(1) Appointment of personnel and contracts.—The Secretary may appoint such personnel and enter into such contracts, financial assistance agreements, and other agreements as the Secretary considers necessary or appropriate to carry out the Program, including support for research and development activities involving a center for manufacturing innovation.
“(2) Transfer of funds.—Of amounts available under the authority provided by subsection (e), the Secretary may transfer to other Federal agencies such sums as the Secretary considers necessary or appropriate to carry out the Program. No funds so transferred may be used to reimburse or otherwise pay for the costs of financial assistance incurred or commitments of financial assistance made prior to the date of enactment of the Revitalize American Manufacturing and Innovation Act of 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 assistance awards under this section.
“(4) Use of resources.—In furtherance of the purposes of the Program, the Secretary may use, with the consent of a covered entity and with or without reimbursement, the land, services, equipment, personnel, and facilities of such covered entity.
“(5) Acceptance of resources.—In addition to amounts appropriated to carry out the Program, the Secretary may accept 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 may only be obligated to the extent provided for in advance by appropriations Acts.
“(6) Covered entity.—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.
“(i) Patents.—Chapter 18 of title 35, United States Code, shall apply to any funding agreement (as defined in section 201 of that title) awarded to new or existing centers for manufacturing innovation.”
SEC. 704. National Strategic Plan for Advanced Manufacturing.
Section 102 of the America COMPETES Reauthorization Act of 2010 (42 U.S.C. 6622) is amended—
in subsection (a), by adding at the end the following: “ In furtherance of the Committee’s work, the Committee shall consult with the National Economic Council.”;
in subsection (b), by striking paragraph (7) and inserting the following:
“(7) develop and update a national strategic plan for advanced manufacturing in accordance with subsection (c).”
; and
by striking subsection (c) and inserting the following:
“(c) National Strategic Plan for Advanced Manufacturing.—
“(1) In general.—The President shall submit to Congress, and publish on an Internet website that is accessible to the public, the strategic plan developed under paragraph (2).
“(2) Development.—The Committee shall develop, and update as required under paragraph (4), in coordination with the National Economic Council, a strategic plan to improve Government coordination and provide long-term guidance for Federal programs and activities in support of United States manufacturing competitiveness, including advanced manufacturing research and development.
“(3) Contents.—The strategic plan described in paragraph (2) shall—
“(A) specify and prioritize near-term and long-term objectives, including research and development objectives, the anticipated time frame for achieving the objectives, and the metrics for use in assessing progress toward the objectives;
“(B) describe the progress made in achieving the objectives from prior strategic plans, including a discussion of why specific objectives were not met;
“(C) specify the role, including the programs and activities, of each relevant Federal agency in meeting the objectives of the strategic plan;
“(D) describe how the Federal agencies and Federally funded research and development centers supporting advanced manufacturing research and development will foster the transfer of research and development results into new manufacturing technologies and United States- based manufacturing of new products and processes for the benefit of society to ensure national, energy, and economic security;
“(E) describe how such Federal agencies and centers will strengthen all levels of manufacturing education and training programs to ensure an adequate, well-trained workforce;
“(F) describe how such Federal agencies and centers will assist small and medium-sized manufacturers in developing and implementing new products and processes;
“(G) analyze factors that impact innovation and competitiveness for United States advanced manufacturing, including—
“(i) technology transfer and commercialization activities;
“(ii) the adequacy of the national security industrial base;
“(iii) the capabilities of the domestic manufacturing workforce;
“(iv) export opportunities and trade policies;
“(v) financing, investment, and taxation policies and practices;
“(vi) emerging technologies and markets;
“(vii) advanced manufacturing research and development undertaken by competing nations; and
“(viii) the capabilities of the manufacturing workforce of competing nations; and
“(H) elicit and consider the recommendations of a wide range of stakeholders, including representatives from diverse manufacturing companies, academia, and other relevant organizations and institutions.
“(4) Updates.—Not later than May 1, 2018, and not less frequently than once every 4 years thereafter, the President shall submit to Congress, and publish on an Internet website that is accessible to the public, an update of the strategic plan submitted under paragraph (1). Such updates shall be developed in accordance with the procedures set forth under this subsection.
“(5) Requirement to consider strategy in the budget.—In preparing the budget for a fiscal year under section 1105(a) of title 31, United States Code, the President shall include information regarding the consistency of the budget with the goals and recommendations included in the strategic plan developed under this subsection applying to that fiscal year.
“(6) AMP steering committee input.—The Advanced Manufacturing Partnership Steering Committee of the President’s Council of Advisors on Science and Technology shall provide input, perspective, and recommendations to assist in the development and updates of the strategic plan under this subsection.”
SEC. 705. Regional Innovation Program.
Section 27 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3722) is amended to read as follows:
“SEC. 27. REGIONAL INNOVATION PROGRAM.
“(a) Establishment.—The Secretary shall establish a regional innovation program to encourage and support the development of regional innovation strategies, including regional innovation clusters.
“(b) Cluster Grants.—
“(1) In general.—As part of the program established under subsection (a), the Secretary may award grants on a competitive basis to eligible recipients for activities relating to the formation and development of regional innovation clusters.
“(2) Permissible activities.—Grants awarded under this subsection may be used for activities determined appropriate by the Secretary, including the following:
“(A) Feasibility studies.
“(B) Planning activities.
“(C) Technical assistance.
“(D) Developing or strengthening communication and collaboration between and among participants of a regional innovation cluster.
“(E) Attracting additional participants to a regional innovation cluster.
“(F) Facilitating market development of products and services developed by a regional innovation cluster, including through demonstration, deployment, technology transfer, and commercialization activities.
“(G) Developing relationships between a regional innovation cluster and entities or clusters in other regions.
“(H) Interacting with the public and State and local governments to meet the goals of the cluster.
“(3) Eligible recipient defined.—In this subsection, the term ‘eligible recipient’ means—
“(A) a State;
“(B) an Indian tribe;
“(C) a city or other political subdivision of a State;
“(D) an entity that—
“(i) is a nonprofit organization, an institution of higher education, a public-private partnership, a science or research park, a Federal laboratory, or an economic development organization or similar entity; and
“(ii) has an application that is supported by a State or a political subdivision of a State; or
“(E) a consortium of any of the entities described in subparagraphs (A) through (D).
“(4) Application.—
“(A) In general.—An eligible recipient shall submit an application to the Secretary at such time, in such manner, and containing such information and assurances as the Secretary may require.
“(B) Components.—The application shall include, at a minimum, a description of the regional innovation cluster supported by the proposed activity, including a description of—
“(i) whether the regional innovation cluster is supported by the private sector, State and local governments, and other relevant stakeholders;
“(ii) how the existing participants in the regional innovation cluster will encourage and solicit participation by all types of entities that might benefit from participation, including newly formed entities and those rival existing participants;
“(iii) the extent to which the regional innovation cluster is likely to stimulate innovation and have a positive impact on regional economic growth and development;
“(iv) whether the participants in the regional innovation cluster have access to, or contribute to, a well-trained workforce;
“(v) whether the participants in the regional innovation cluster are capable of attracting additional funds from non-Federal sources; and
“(vi) the likelihood that the participants in the regional innovation cluster will be able to sustain activities once grant funds under this subsection have been expended.
“(C) Special consideration.—The Secretary shall give special consideration to applications from regions that contain communities negatively impacted by trade.
“(5) Special consideration.—The Secretary shall give special consideration to an eligible recipient who agrees to collaborate with local workforce investment area boards.
“(6) Cost share.—The Secretary may not provide more than 50 percent of the total cost of any activity funded under this subsection.
“(7) Outreach to rural communities.—The Secretary shall conduct outreach to public and private sector entities in rural communities to encourage those entities to participate in regional innovation cluster activities under this subsection.
“(8) Funding.—The Secretary may accept funds from other Federal agencies to support grants and activities under this subsection.
“(c) Regional Innovation Research and Information Program.—
“(1) In general.—As part of the program established under subsection (a), the Secretary shall establish a regional innovation research and information program—
“(A) to gather, analyze, and disseminate information on best practices for regional innovation strategies (including regional innovation clusters), including information relating to how innovation, productivity, and economic development can be maximized through such strategies;
“(B) to provide technical assistance, including through the development of technical assistance guides, for the development and implementation of regional innovation strategies (including regional innovation clusters);
“(C) to support the development of relevant metrics and measurement standards to evaluate regional innovation strategies (including regional innovation clusters), including the extent to which such strategies stimulate innovation, productivity, and economic development; and
“(D) to collect and make available data on regional innovation cluster activity in the United States, including data on—
“(i) the size, specialization, and competitiveness of regional innovation clusters;
“(ii) the regional domestic product contribution, total jobs and earnings by key occupations, establishment size, nature of specialization, patents, Federal research and development spending, and other relevant information for regional innovation clusters; and
“(iii) supply chain product and service flows within and between regional innovation clusters.
“(2) Research grants.—The Secretary may award research grants on a competitive basis to support and further the goals of the program established under this subsection.
“(3) Dissemination of information.—Data and analysis compiled by the Secretary under the program established in this subsection shall be made available to other Federal agencies, State and local governments, and nonprofit and for-profit entities.
“(4) Regional innovation grant program.—The Secretary shall incorporate data and analysis relating to any grant under subsection (b) into the program established under this subsection.
“(d) Interagency Coordination.—
“(1) In general.—To the maximum extent practicable, the Secretary shall ensure that the activities carried out under this section are coordinated with, and do not duplicate the efforts of, other programs at the Department of Commerce or other Federal agencies.
“(2) Collaboration.—
“(A) In general.—The Secretary shall explore and pursue collaboration with other Federal agencies, including through multiagency funding opportunities, on regional innovation strategies.
“(B) Small businesses.—The Secretary shall ensure that such collaboration with Federal agencies prioritizes the needs and challenges of small businesses.
“(e) Evaluation.—
“(1) In general.—Not later than 3 years after the date of enactment of the Revitalize American Manufacturing and Innovation Act of 2014, the Secretary shall enter into a contract with an independent entity, such as the National Academy of Sciences, to conduct an evaluation of the program established under subsection (a).
“(2) Requirements.—The evaluation shall include—
“(A) whether the program is achieving its goals;
“(B) any recommendations for how the program may be improved; and
“(C) a recommendation as to whether the program should be continued or terminated.
“(f) Definitions.—In this section:
“(1) Regional innovation cluster.—The term ‘regional innovation cluster’ means a geographically bounded network of similar, synergistic, or complementary entities that—
“(A) are engaged in or with a particular industry sector and its related sectors;
“(B) have active channels for business transactions and communication;
“(C) share specialized infrastructure, labor markets, and services; and
“(D) leverage the region’s unique competitive strengths to stimulate innovation and create jobs.
“(2) State.—The term ‘State’ means one of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, or any other territory or possession of the United States.
“(g) Funding.—
“(1) General rule.—Except as provided in paragraph (2), no funds are authorized to be appropriated by the Revitalize American Manufacturing and Innovation Act of 2014 for carrying out this section.
“(2) Authority.—To the extent provided for in advance by appropriations Acts, the Secretary may use not to exceed $10,000,000 for each of the fiscal years 2015 through 2019 to carry out this section from amounts appropriated for economic development assistance programs.”