[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2908 Introduced in House (IH)]
108th CONGRESS
1st Session
H. R. 2908
To establish the position of Under Secretary of Commerce for
Manufacturing and Technology, require the establishment of a research
and implementation program on manufacturing, and promote manufacturing
education.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 25, 2003
Mr. Udall of Colorado (for himself, Mr. Honda, Mr. Cardoza, and Mr.
Ehlers) introduced the following bill; which was referred to the
Committee on Science
_______________________________________________________________________
A BILL
To establish the position of Under Secretary of Commerce for
Manufacturing and Technology, require the establishment of a research
and implementation program on manufacturing, and promote manufacturing
education.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Manufacturing Works Act of
2003''.
SEC. 2. MANUFACTURING AND TECHNOLOGY ADMINISTRATION.
Section 5 of the Stevenson-Wydler Technology Innovation Act of 1980
(15 U.S.C. 3704) is amended to read as follows:
``SEC. 5. MANUFACTURING AND TECHNOLOGY.
``(a) Establishment.--There is established in the Department of
Commerce a Manufacturing and Technology Administration, which shall
operate in accordance with the provisions, findings, and purposes of
this Act. The Manufacturing and Technology Administration shall
include--
``(1) the National Institute of Standards and Technology;
``(2) the National Technical Information Service; and
``(3) a policy analysis office, which shall be known as the
Office of Manufacturing and Technology Policy.
``(b) Under Secretary and Assistant Secretaries.--The President
shall appoint, by and with the advice and consent of the Senate, to the
extent provided for in appropriations Acts--
``(1) an Under Secretary of Commerce for Manufacturing and
Technology, who shall be compensated at the rate provided for
level III of the Executive Schedule in section 5314 of title 5,
United States Code;
``(2) an Assistant Secretary of Manufacturing who shall
serve as a policy analyst for the Under Secretary; and
``(3) an Assistant Secretary of Technology who shall serve
as a policy analyst for the Under Secretary.
``(c) Duties.--The Secretary, through the Under Secretary, as
appropriate, shall--
``(1) manage the Manufacturing and Technology
Administration and supervise its agencies, programs, and
activities;
``(2) conduct manufacturing and technology policy analyses
to improve United States industrial productivity, manufacturing
capabilities, and innovation, and cooperate with United States
industry to improve its productivity, manufacturing
capabilities, and ability to compete successfully in an
international marketplace;
``(3) identify manufacturing and technological needs,
problems, and opportunities within and across industrial
sectors, that, if addressed, could make significant
contributions to the economy of the United States;
``(4) assess whether the capital, technical, and other
resources being allocated to domestic industrial sectors which
are likely to generate new technologies are adequate to meet
private and social demands for goods and services and to
promote productivity and economic growth;
``(5) propose and support studies and policy experiments,
in cooperation with other Federal agencies, to determine the
effectiveness of measures for improving United States
manufacturing capabilities and productivity;
``(6) provide that cooperative efforts to stimulate
industrial competitiveness and innovation be undertaken between
the Under Secretary and other officials in the Department of
Commerce responsible for such areas as trade and economic
assistance;
``(7) encourage and assist the creation of centers and
other joint initiatives by State or local governments, regional
organizations, private businesses, institutions of higher
education, nonprofit organizations, or Federal laboratories to
encourage technology transfer, to encourage innovation, and to
promote an appropriate climate for investment in technology-
related industries;
``(8) propose and encourage cooperative research involving
appropriate Federal entities, State or local governments,
regional organizations, colleges or universities, nonprofit
organizations, or private industry to promote the common use of
resources, to improve training programs and curricula, to
stimulate interest in manufacturing and technology careers, and
to encourage the effective dissemination of manufacturing and
technology skills within the wider community;
``(9) serve as a focal point for discussions among United
States companies on topics of interest to industry and labor,
including discussions regarding manufacturing, competitiveness,
and emerging technologies;
``(10) consider government measures with the potential of
advancing United States technological innovation and exploiting
innovations of foreign origin and publish the results of
studies and policy experiments; and
``(11) assist in the implementation of the Metric
Conversion Act of 1975 (15 U.S.C. 205a et seq.).
``(d) Manufacturing Advisory Board.--
``(1) Establishment and composition.--There is established
a Manufacturing Advisory Board within the Manufacturing and
Technology Administration. The Under Secretary or the Assistant
Secretary of Manufacturing shall chair the Advisory Board. The
Advisory Board shall be composed of 14 additional members
appointed by the Under Secretary as follows:
``(A) 1 representative each from the National
Association of Manufacturers, the National Coalition
for Advanced Manufacturing, and the Modernization
Forum.
``(B) 4 members from outside the Federal Government
who are eminent in the manufacturing industry, at least
2 of whom are representatives of small and medium-sized
companies in such industries.
``(C) 4 members from Federal agencies who have
manufacturing science and technology expertise, at
least 1 of whom shall be from the National Institute of
Standards and Technology.
``(D) 3 members from labor unions, a majority of
whose members have manufacturing jobs.
``(2) Duties.--The duties of the Advisory Board shall be--
``(A) to identify manufacturing issues relative to
manufacturing technology and competitiveness;
``(B) to advise the Under Secretary on
manufacturing issues, including manufacturing
activities at the National Institute of Standards and
Technology, and make recommendations for actions by the
Federal Government; and
``(C) to report its finding and recommendations to
the Under Secretary and the Director of the Office of
Management and Budget.
``(3) Term of office.--The term of office of each member of
the Advisory Board shall be 4 years, except that--
``(A) of the initial members, 3 shall be appointed
for terms of 1 year, 3 shall be appointed for terms of
2 years, 4 shall be appointed for terms of 3 years, and
4 shall be appointed for terms of 4 years; and
``(B) any member appointed to fill a vacancy in the
Advisory Board shall serve for the remainder of the
term for which his predecessor was appointed.
``(4) Quorum.--The Advisory Board shall not act in the
absence of a quorum, which shall consist of 8 members.
``(5) Allowance for travel expenses.-- Members of the
Advisory Board, other than full-time employees of the Federal
Government, while attending meetings of the Board or while
otherwise performing duties at the request of the Chairman
while away from their home or a regular place of business, may
be allowed travel expenses in accordance with subchapter I of
chapter 57 of title 5, United States Code.
``(6) Staff services and utilization of federal
personnel.--To provide the staff services necessary to assist
the Advisory Board in carrying out its functions, the Advisory
Board may utilize personnel from the National Institute of
Standards and Technology or any other agency of the Federal
Government with the consent of the head of the agency.
``(e) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary for the activities of the Under
Secretary--
``(1) $2,000,000 for fiscal year 2004;
``(2) $2,070,000 for fiscal year 2005;
``(3) $2,140,000 for fiscal year 2006; and
``(4) $2,220,000 for fiscal year 2007.''.
SEC. 3. STUDIES BY NATIONAL ACADEMY OF SCIENCES.
Section 24 of the National Institute of Standards and Technology
Act (15 U.S.C. 278j) is amended--
(1) by striking ``The Director may'' through ``assist the''
and inserting ``The Under Secretary of Commerce for
Manufacturing and Technology and the Director may periodically
enter into an arrangement with the National Academy of Sciences
for advice and studies to assist the Manufacturing and
Technology Administration and the''; and
(2) in paragraph (2) by inserting ``the Manufacturing and
Technology Administration and'' after ``potential activities
of''.
SEC. 4. MANUFACTURING RESEARCH AND IMPLEMENTATION; DEVELOPMENT OF NEW
MANUFACTURING TECHNOLOGIES.
(a) National Institute of Standards and Technology Laboratory
Activities.--There are authorized to be appropriated to the Secretary
of Commerce for Manufacturing Engineering activities at the Scientific
and Technical Research and Services Laboratory of the National
Institute of Standards and Technology--
(1) $60,000,000 for fiscal year 2004, of which $30,000,000
shall be for the research and development program on
manufacturing under section 33 of the National Institute of
Standards and Technology Act;
(2) $62,100,000 for fiscal year 2005, of which $31,050,000
shall be for the research and development program on
manufacturing under section 33 of the National Institute of
Standards and Technology Act;
(3) $64,270,000 for fiscal year 2006, of which $32,140,000
shall be for the research and development program on
manufacturing under section 33 of the National Institute of
Standards and Technology Act; and
(4) $68,850,000 for fiscal year 2007, of which $33,260,000
shall be for the research and development program on
manufacturing under section 33 of the National Institute of
Standards and Technology Act.
(b) National Institute of Standards and Technology Research and
Development Program.--The National Institute of Standards and
Technology Act is amended--
(1) by redesignating the first section 32 as section 34 and
moving it to the end of the Act; and
(2) by inserting before the section moved by paragraph (1)
the following new section:
``SEC. 33. RESEARCH AND DEVELOPMENT PROGRAM ON MANUFACTURING.
``(a) Establishment.--The Director shall establish a program of
assistance to institutions of higher education or nonprofit research
institutions that enter into partnerships with for-profit entities to
support, promote, and enhance manufacturing research and development.
The program shall--
``(1) include multidisciplinary research; and
``(2) include research directed toward addressing the needs
identified through the Under Secretary of Commerce for
Manufacturing and Technology, the Office of Manufacturing and
Technology Policy, and the Manufacturing Advisory Board.
``(b) Fellowships.--In order to promote the development of a robust
research community working at the leading edge of manufacturing
sciences, the Director shall establish a program to award--
``(1) postdoctoral research fellowships to individuals who
are seeking research positions at institutions, including the
Institute, engaged in research activities related to
manufacturing sciences; and
``(2) senior research fellowships to individuals seeking
research positions at institutions, including the Institute,
engaged in research activities related to manufacturing
sciences.
To be eligible for an award under this subsection, an individual shall
submit an application to the Director at such time, in such manner, and
containing such information as the Director may require. Under this
subsection, the Director shall provide stipends for postdoctoral
research fellowships at a level consistent with the Institute's Post
Doctoral Research Fellowship Program, and senior research fellowships
at levels consistent with support for a faculty member in a sabbatical
position.
``(c) Awards; Applications.--The Director is authorized to award
grants or cooperative agreements to institutions of higher education to
carry out the program established under subsection (a). To be eligible
for an award under such subsection, an institution shall submit an
application to the Director at such time, in such manner, and
containing such information as the Director may require. The
application shall include, at minimum, a description of how the for-
profit entities and any other partners will participate in developing
and carrying out the research agenda of the partnership.
``(d) Program Operation.--(1) The program established under
subsection (a) shall be managed by individuals who have expertise in
research related to manufacturing technology. The Director shall
designate such individuals program managers.
``(2) Program managers designated under paragraph (1) may be new or
existing employees of the Institute or individuals on assignment at the
Institute under the Intergovernmental Personnel Act of 1970.
``(3) Program managers designated under paragraph (1) shall be
responsible for--
``(A) establishing and publicizing the broad research and
development goals for the program;
``(B) soliciting applications for specific research
projects to address the goals developed under subparagraph (A);
and
``(C) selecting research projects for support under the
program from among applications submitted to the Institute,
following consideration of--
``(i) the novelty and scientific and technical
merit of the proposed projects;
``(ii) the demonstrated capabilities of the
individual or individuals submitting the applications
to successfully carry out the proposed research;
``(iii) the impact the proposed projects will have
on increasing the number of individuals with research
expertise in manufacturing sciences; and
``(iv) the nature of the participation by for-
profit entities and the extent to which the proposed
projects address the concerns of industry.
``(e) Review of Program.--The Director shall enter into an
arrangement with the National Academy of Sciences for a comprehensive
review of the program established under subsection (a) during the third
year of the program. Such review shall include an assessment of the
quality and utility of the research conducted and the relevance of the
research results obtained to the goals of the program. The Director
shall submit a report to Congress on the results of the review under
this subsection not later than 4 years after the initiation of the
program.
``(f) Definitions.--For the purposes of this section the term
`institution of higher education' has the meaning given that term in
section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).''.
SEC. 5. ADVANCED TECHNOLOGY PROGRAM.
(a) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Commerce for the Advanced Technology
Program under section 28 of the National Institute of Standards and
Technology Act (15 U.S.C. 278n)--
(1) $219,400,000 for fiscal year 2004, including
$80,700,000 for new awards, of which $20,000,000 shall be for a
focused competition in manufacturing sciences;
(2) $262,900,000 for fiscal year 2005, including
$80,700,000 for new awards, of which $20,000,000 shall be for a
focused competition in manufacturing sciences;
(3) $280,900,000 for fiscal year 2006, including
$80,700,000 for new awards, of which $20,000,000 shall be for a
focused competition in manufacturing sciences; and
(4) $290,400,000 for fiscal year 2007, including
$80,700,000 for new awards, of which $20,000,000 shall be for a
focused competition in manufacturing sciences.
(b) University Leadership of Joint Ventures.--
(1) Joint venture aid.--Section 28(b)(1) of the National
Institute of Standards and Technology Act (15 U.S.C.
278n(b)(1)) is amended by striking ``industry-led United
States'' and all that follows through ``organizations)'' and
inserting ``joint ventures''.
(2) Definition.--Section 28(j)(1) of the National Institute
of Standards and Technology Act (15 U.S.C. 278n(j)(1)) is
amended by striking ``two or more persons'' and inserting ``a
combination of two or more persons (which shall include at
least two companies, each of which participates substantially
in the joint venture, and may include one or more institutions
of higher education or nonprofit organizations)''.
(c) Intellectual Property Rights Ownership.--Section 28(d)(11) of
the National Institute of Standards and Technology Act (15 U.S.C.
278n(d)(11)) is amended by striking ``(11)(A)'' and all that follows
through ``with such intellectual property.'' and inserting the
following:
``(11)(A) Title to any intellectual property developed by a
joint venture from assistance provided under this section may
vest in any participant in the joint venture, as agreed by the
members of the joint venture, notwithstanding section 202(a)
and (b) of title 35, United States Code. The United States may
reserve a nonexclusive, nontransferable, irrevocable, paid-up
license, to have practiced for or on behalf of the United
States in connection with any such intellectual property, but
shall not, in the exercise of such license, publicly disclose
proprietary information related to the license. Title to any
such intellectual property shall not be transferred or passed,
except to a participant in the joint venture, until the
expiration of the first patent obtained in connection with such
intellectual property.''.
(d) Barriers to Product Development.--Section 28(d) of the National
Institute of Standards and Technology Act (15 U.S.C. 278n(d)) is
amended by adding at the end the following new paragraph:
``(12) No contract or award may be made under this section
for any project unless the project may remove a scientific or
technological barrier to product development.''.
(e) Project Review and Evaluation.--Section 28(g) of the National
Institute of Standards and Technology Act (15 U.S.C. 278n(g)) is
amended to read as follows:
``(g) Industry and Peer Review of Proposals.--(1) In order to
analyze the need for or the value of any proposal made by a joint
venture or company requesting the Secretary's assistance under this
section, or to monitor the progress of any project which receives funds
under this section, the Secretary, the Under Secretary of Commerce for
Manufacturing and Technology, and the Director may, notwithstanding any
other provision of law, meet with such industry and other expert
sources, without a proprietary or financial interest in proposals being
evaluated, as they consider useful and appropriate.
``(2) In order to better assess whether specific innovations to be
pursued are being adequately supported by the private sector, the
Director shall conduct a study of, and thereafter monitor, whether the
Secretary, the Undersecretary of Commerce for Manufacturing and
Technology, and the Director could benefit from advice and information
from additional industry and other expert sources, without a
proprietary or financial interest in proposals being evaluated. Not
later than one year after the date of the enactment of this Act, and
biennially thereafter, the Director shall transmit to the Congress a
report containing the results of the study and monitoring under this
paragraph.''.
SEC. 6. SMALL BUSINESS INNOVATION RESEARCH/SMALL BUSINESS TECHNOLOGY
TRANSFER PROGRAMS.
Not later than 6 months after the date of enactment of this Act,
the Under Secretary of Commerce for Manufacturing and Technology shall
develop and transmit to the Congress a plan to maximize the utilization
of Federal programs such as the Small Business Innovation Research
Program and the Small Business Technology Transfer Program to support
manufacturing sciences. Not later than 18 months after the date of
enactment of this Act, the Under Secretary of Commerce for
Manufacturing and Technology shall transmit to the Congress a report
assessing how Federal agencies are implementing the plan and including
a description of the amount of Small Business Innovative Research and
Small Business Technology Transfer funds supporting the plan.
SEC. 7. MANUFACTURING TECHNICAL ASSISTANCE.
(a) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Commerce for the Manufacturing
Extension Partnership program under sections 25 and 26 of the National
Institute of Standards and Technology Act (15 U.S.C. 278k and 278l)--
(1) $110,000,000 for fiscal year 2004;
(2) $113,840,000 for fiscal year 2005;
(3) $117,830,000 for fiscal year 2006; and
(4) $121,960,000 for fiscal year 2007.
(b) Amendment.--Section 25 of the National Institute of Standards
and Technology Act (15 U.S.C. 278k) is amended by adding at the end the
following new subsection:
``(e) Not later than January 20 of each year, the Director shall
transmit to the Congress a 3-year programmatic planning document for
the Manufacturing Extension Partnerships program. This document shall
be developed in consultation with the Modernization Forum.''.
SEC. 8. TECHNICAL WORKFORCE EDUCATION AND DEVELOPMENT.
(a) Authorization of Appropriations.--There are authorized to be
appropriated to the Director of the National Science Foundation for the
Advanced Technological Education Program established under section 3 of
the Scientific and Advanced-Technology Act of 1992 (42 U.S.C. 1862i)
and for the Manufacturing Skill Standards Council formed as the
voluntary partnership for the manufacturing occupational cluster under
section 504(b) of the National Skill Standards Act of 1994 (20 U.S.C.
5934(b))--
(1) $70,000,000 for fiscal year 2004, of which at least
$20,000,000 shall be devoted to the education of technicians
for manufacturing fields, $5,000,000 of which shall be used to
support the work of the Manufacturing Skill Standards Council
in educating and preparing manufacturing technicians for
certification;
(2) $80,000,000 for fiscal year 2005, of which at least
$30,000,000 shall be devoted to the education of technicians
for manufacturing fields, $5,000,000 of which shall be used to
support the work of the Manufacturing Skill Standards Council
in educating and preparing manufacturing technicians for
certification;
(3) $90,000,000 for fiscal year 2006, of which at least
$40,000,000 shall be devoted to the education of technicians
for manufacturing fields, $5,000,000 of which shall be used to
support the work of the Manufacturing Skill Standards Council
in educating and preparing manufacturing technicians for
certification; and
(4) $100,000,000 for fiscal year 2007, of which at least
$50,000,000 shall be devoted to the education of technicians
for manufacturing fields, $5,000,000 of which shall be used to
support the work of the Manufacturing Skill Standards Council
in educating and preparing manufacturing technicians for
certification.
(b) Amendment.--Section 3 of the Scientific and Advanced-Technology
Act of 1992 (42 U.S.C. 1862i) is amended by striking ``advanced-
technology fields'' each place it appears and inserting ``manufacturing
and advanced-technology fields''.
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