Manufacturing and critical and emerging technologies assistance program

(a) Eligibility for assistance A covered manufacturer may only be eligible to apply for assistance through the Fund established in section 2 if the covered manufacturer certifies to the Secretary of Commerce concurrently with an application for such assistance the following: (1) The covered manufacturer has no outstanding tax liabilities, pending civil or criminal judicial and administrative actions, or disputes under adjudication by the National Labor Relations Board. (2) None of the beneficial owners, if any, of the covered manufacturer is a prohibited foreign entity. (3) The covered manufacturer has a specific plan to follow existing procurement policies with respect to the assistance sought as implemented by the core jobs mandate in section 2(a)(1) of the Export-Import Bank Act of 1945 (12 U.S.C. 635(a)(1)). (4) The covered manufacturer is not— (A) organized under the laws of a foreign country of concern or a nonmarket economy country or of any jurisdiction within such a country; or (B) otherwise in a partnership with a prohibited foreign entity. (b) Conditions on assistance With respect to the period for which a covered manufacturer is seeking assistance, the Secretary of Commerce shall require the covered manufacturer to commit, for the duration of the loan or equity investment or for a period of 10 years beginning on the date of the first disbursement of a grant, to each of the following as a condition for receiving such assistance: (1) The covered manufacturer will not use any such assistance— (A) to pay dividends or repurchase shares of its own company; (B) to support or expand activity or operations located in a foreign country of concern or a nonmarket economy country; and (C) to license technologies developed using the assistance to entities outside the United States; (2) The covered manufacturer will adhere to the prevailing wage requirement described in section 4(a) and to the apprentice requirement described in section 4(b). (3) The covered manufacturer will spend not less than 1 percent of the total amount provided in such assistance for the provision of employment and training activity, customized training, or on-the-job training for the employees associated with the covered manufacturer’s use of funds or transfer an equivalent amount to a local workforce development board. Such training may include— (A) occupational skills training; (B) on-the-job training; (C) programs that combine workplace training with related instruction, which may include cooperative education programs; (D) skill upgrading and retraining; (E) entrepreneurial training; (F) transitional jobs; (G) job readiness training provided in combination with services described in any of subparagraph (A) through (F); (H) adult education and literacy activities, including activities of English language acquisition and integrated education and training programs, provided concurrently or in combination with services described in any of subparagraph (A) through (F); and (I) customized training conducted with a commitment by an employer or group of employers to employ an individual upon successful completion of the training. (4) The covered manufacturer will spend not less than 0.5 percent of the total award administered by the Fund for the provision of supportive services for the employees associated with the covered manufacturer’s use of funds. (c) Small business exception A covered manufacturer that has fewer than 500 employees at the time of receiving assistance under this Act shall be exempt from the condition described in subsection (b)(1)(A). (d) Prioritization and allocation of funds In providing assistance under this Act, the Secretary of Commerce shall— (1) prioritize awards to covered manufacturers— (A) that can demonstrate expected reductions in greenhouse gas intensity and other emissions intensity through the operations for which the covered manufacturer is seeking assistance; (B) that can demonstrate expected improvements to the efficiency of production; (C) that are located in a metropolitan statistical area or non-metropolitan statistical area which has experienced at least a 25 percent reduction in manufacturing employment between the years of 2000 and 2023; (D) that the Secretary of Commerce has determined experienced injury from trade, including based on— (i) an injury that has been determined to have occurred by the United States International Trade Commission— (I) in the course of an investigation by the Commission into dumping or subsidization under section 701 or 731 of the Tariff Act of 1930 (19 U.S.C. 1671 and 1673); or (II) under section 202(b) of the Trade Act of 1974 (19 U.S.C. 2252(b)); or (ii) an affirmative finding from the United States Trade Representative pursuant to authorities described in title III of the Trade Act of 1974 (19 U.S.C. 2411 et seq.); (E) that plan to adopt neutrality regarding unionization of the workforce of the funded project; (F) that plan to develop or redevelop a brownfield or former industrial site; or (G) that plan to purchase and use goods and services for the funded activities that are sourced from the United States of America; (2) set aside 10 percent of the total amount available in the Fund for each fiscal year for covered manufacturers that are small business concerns (as defined in section 3 of the Small Business Act (15 U.S.C. 632)); and (3) set aside 10 percent of the total amount available in the Fund for each fiscal year for covered manufacturers that create, maintain, protect, expand, or restore domestic industrial base capabilities essential for the national defense (as defined in 50 U.S.C. 4533). (e) Definitions In this section: (1) Beneficial owner The term beneficial owner has the meaning given such term under section 5336 of title 31, United States Code (commonly referred to as the Corporate Transparency Act). (2) Covered manufacturer The term covered manufacturer means a manufacturer for which the principal place of business is located in the United States. (3) Critical and emerging technology The term critical and emerging technology means any technology that is in a developmental stage or that may be developed during the subsequent 10-year period, any technology included in the Critical and Emerging Technologies List published by the White House’s National Science and Technology Council in February 2024, or any successor document to this list. (4) Foreign country of concern The term foreign country of concern has the meaning given such term in section 9901 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (15 U.S.C. 4651). (5) Greenhouse gas intensity The term greenhouse gas intensity means the ratio of greenhouse gas emissions to economic output. (6) Local workforce development board; transitional jobs The terms local workforce development board and transitional jobs have the meanings given those terms under the Workforce Innovation and Opportunities Act (29 U.S.C. 3122). (7) Nonmarket country economy The term nonmarket country economy has the meeting given such term in section 771(18) of the Tariff Act of 1930 (19 U.S.C. 1677(18)). (8) Prohibited foreign entity The term prohibited foreign entity has the meaning given such term in section 7701 of the Internal Revenue Code of 1986 (26 U.S.C. 7701(a)(51)(A)). (9) Repurchase The term repurchase has the meaning given that term under section 4501 of the Internal Revenue Code of 1986 (26 U.S.C. 4501). (10) Supportive services The term supportive services has the meaning given that term under section 3 of the Workforce Innovation and Opportunities Act (29 U.S.C. 3102).