I 

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘American Manufac5 turing Works Act of 2003’’. 
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1 SEC. 2. MANUFACTURING AND TECHNOLOGY ADMINISTRA2 TION. 

3 Section 5 of the Stevenson-Wydler Technology Inno4 vation Act of 1980 (15 U.S.C. 3704) is amended to read 

5 as follows: 

6 ‘‘SEC. 5. MANUFACTURING AND TECHNOLOGY. 

7 ‘‘(a) ESTABLISHMENT.—There is established in the 

8 Department of Commerce a Manufacturing and Tech9 nology Administration, which shall operate in accordance 

10 with the provisions, findings, and purposes of this Act. 

11 The Manufacturing and Technology Administration shall 

12 include—

13 ‘‘(1) the National Institute of Standards and 

14 Technology; 

15 ‘‘(2) the National Technical Information Serv16 ice; and 

17 ‘‘(3) a policy analysis office, which shall be 

18 known as the Office of Manufacturing and Tech19 nology Policy. 

20 ‘‘(b) UNDER SECRETARY AND ASSISTANT SECRE21 TARIES.—The President shall appoint, by and with the ad22 vice and consent of the Senate, to the extent provided for 

23 in appropriations Acts—

24 ‘‘(1) an Under Secretary of Commerce for Man25 ufacturing and Technology, who shall be com26 pensated at the rate provided for level III of the Ex-
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1 ecutive Schedule in section 5314 of title 5, United 

2 States Code; 

3 ‘‘(2) an Assistant Secretary of Manufacturing 

4 who shall serve as a policy analyst for the Under 

5 Secretary; and 

6 ‘‘(3) an Assistant Secretary of Technology who 

7 shall serve as a policy analyst for the Under Sec8 retary. 

9 ‘‘(c) DUTIES.—The Secretary, through the Under 

10 Secretary, as appropriate, shall—

11 ‘‘(1) manage the Manufacturing and Tech12 nology Administration and supervise its agencies, 

13 programs, and activities; 

14 ‘‘(2) conduct manufacturing and technology pol15 icy analyses to improve United States industrial pro16 ductivity, manufacturing capabilities, and innova17 tion, and cooperate with United States industry to 

18 improve its productivity, manufacturing capabilities, 

19 and ability to compete successfully in an inter20 national marketplace; 

21 ‘‘(3) identify manufacturing and technological 

22 needs, problems, and opportunities within and across 

23 industrial sectors, that, if addressed, could make sig24 nificant contributions to the economy of the United 

25 States; 
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1 ‘‘(4) assess whether the capital, technical, and 

2 other resources being allocated to domestic indus3 trial sectors which are likely to generate new tech4 nologies are adequate to meet private and social de5 mands for goods and services and to promote pro6 ductivity and economic growth; 

7 ‘‘(5) propose and support studies and policy ex8 periments, in cooperation with other Federal agen9 cies, to determine the effectiveness of measures for 

10 improving United States manufacturing capabilities 

11 and productivity; 

12 ‘‘(6) provide that cooperative efforts to stimu13 late industrial competitiveness and innovation be un14 dertaken between the Under Secretary and other of15 ficials in the Department of Commerce responsible 

16 for such areas as trade and economic assistance; 

17 ‘‘(7) encourage and assist the creation of cen18 ters and other joint initiatives by State or local gov19 ernments, regional organizations, private businesses, 

20 institutions of higher education, nonprofit organiza21 tions, or Federal laboratories to encourage tech22 nology transfer, to encourage innovation, and to pro23 mote an appropriate climate for investment in tech24 nology-related industries; 
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1 ‘‘(8) propose and encourage cooperative re2 search involving appropriate Federal entities, State 

3 or local governments, regional organizations, colleges 

4 or universities, nonprofit organizations, or private 

5 industry to promote the common use of resources, to 

6 improve training programs and curricula, to stimu7 late interest in manufacturing and technology ca8 reers, and to encourage the effective dissemination 

9 of manufacturing and technology skills within the 

10 wider community; 

11 ‘‘(9) serve as a focal point for discussions 

12 among United States companies on topics of interest 

13 to industry and labor, including discussions regard14 ing manufacturing, competitiveness, and emerging 

15 technologies; 

16 ‘‘(10) consider government measures with the 

17 potential of advancing United States technological 

18 innovation and exploiting innovations of foreign ori19 gin and publish the results of studies and policy ex20 periments; and 

21 ‘‘(11) assist in the implementation of the Metric 

22 Conversion Act of 1975 (15 U.S.C. 205a et seq.). 

23 ‘‘(d) MANUFACTURING ADVISORY BOARD.—

24 ‘‘(1) ESTABLISHMENT AND COMPOSITION.—

25 There is established a Manufacturing Advisory 
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1 Board within the Manufacturing and Technology 

2 Administration. The Under Secretary or the Assist3 ant Secretary of Manufacturing shall chair the Advi4 sory Board. The Advisory Board shall be composed 

5 of 14 additional members appointed by the Under 

6 Secretary as follows: 

7 ‘‘(A) 1 representative each from the Na8 tional Association of Manufacturers, the Na9 tional Coalition for Advanced Manufacturing, 

10 and the Modernization Forum. 

11 ‘‘(B) 4 members from outside the Federal 

12 Government who are eminent in the manufac13 turing industry, at least 2 of whom are rep14 resentatives of small and medium-sized compa15 nies in such industries. 

16 ‘‘(C) 4 members from Federal agencies 

17 who have manufacturing science and technology 

18 expertise, at least 1 of whom shall be from the 

19 National Institute of Standards and Tech20 nology. 

21 ‘‘(D) 3 members from labor unions, a ma22 jority of whose members have manufacturing 

23 jobs. 

24 ‘‘(2) DUTIES.—The duties of the Advisory 

25 Board shall be—
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1 ‘‘(A) to identify manufacturing issues rel2 ative to manufacturing technology and competi3 tiveness; 

4 ‘‘(B) to advise the Under Secretary on 

5 manufacturing issues, including manufacturing 

6 activities at the National Institute of Standards 

7 and Technology, and make recommendations 

8 for actions by the Federal Government; and 

9 ‘‘(C) to report its finding and rec10 ommendations to the Under Secretary and the 

11 Director of the Office of Management and 

12 Budget. 

13 ‘‘(3) TERM OF OFFICE.—The term of office of 

14 each member of the Advisory Board shall be 4 years, 

15 except that—

16 ‘‘(A) of the initial members, 3 shall be ap17 pointed for terms of 1 year, 3 shall be ap18 pointed for terms of 2 years, 4 shall be ap19 pointed for terms of 3 years, and 4 shall be ap20 pointed for terms of 4 years; and 

21 ‘‘(B) any member appointed to fill a va22 cancy in the Advisory Board shall serve for the 

23 remainder of the term for which his predecessor 

24 was appointed. 
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1 ‘‘(4) QUORUM.—The Advisory Board shall not 

2 act in the absence of a quorum, which shall consist 

3 of 8 members. 

4 ‘‘(5) ALLOWANCE FOR TRAVEL EXPENSES.— 

5 Members of the Advisory Board, other than full-time 

6 employees of the Federal Government, while attend7 ing meetings of the Board or while otherwise per8 forming duties at the request of the Chairman while 

9 away from their home or a regular place of business, 

10 may be allowed travel expenses in accordance with 

11 subchapter I of chapter 57 of title 5, United States 

12 Code. 

13 ‘‘(6) STAFF SERVICES AND UTILIZATION OF

14 FEDERAL PERSONNEL.—To provide the staff serv15 ices necessary to assist the Advisory Board in car16 rying out its functions, the Advisory Board may uti17 lize personnel from the National Institute of Stand18 ards and Technology or any other agency of the 

19 Federal Government with the consent of the head of 

20 the agency. 

21 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 

22 are authorized to be appropriated to the Secretary for the 

23 activities of the Under Secretary—

24 ‘‘(1) $2,000,000 for fiscal year 2004; 

25 ‘‘(2) $2,070,000 for fiscal year 2005; 
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1 ‘‘(3) $2,140,000 for fiscal year 2006; and 

2 ‘‘(4) $2,220,000 for fiscal year 2007.’’. 

3 SEC. 3. STUDIES BY NATIONAL ACADEMY OF SCIENCES. 

4 Section 24 of the National Institute of Standards and 

5 Technology Act (15 U.S.C. 278j) is amended—

6 (1) by striking ‘‘The Director may’’ through 

7 ‘‘assist the’’ and inserting ‘‘The Under Secretary of 

8 Commerce for Manufacturing and Technology and 

9 the Director may periodically enter into an arrange10 ment with the National Academy of Sciences for ad11 vice and studies to assist the Manufacturing and 

12 Technology Administration and the’’; and 

13 (2) in paragraph (2) by inserting ‘‘the Manu14 facturing and Technology Administration and’’ after 

15 ‘‘potential activities of’’. 

16 SEC. 4. MANUFACTURING RESEARCH AND IMPLEMENTA17 TION; DEVELOPMENT OF NEW MANUFAC18 TURING TECHNOLOGIES. 

19 (a) NATIONAL INSTITUTE OF STANDARDS AND

20 TECHNOLOGY LABORATORY ACTIVITIES.—There are au21 thorized to be appropriated to the Secretary of Commerce 

22 for Manufacturing Engineering activities at the Scientific 

23 and Technical Research and Services Laboratory of the 

24 National Institute of Standards and Technology—
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1 (1) $60,000,000 for fiscal year 2004, of which 

2 $30,000,000 shall be for the research and develop3 ment program on manufacturing under section 33 of 

4 the National Institute of Standards and Technology 

5 Act; 

6 (2) $62,100,000 for fiscal year 2005, of which 

7 $31,050,000 shall be for the research and develop8 ment program on manufacturing under section 33 of 

9 the National Institute of Standards and Technology 

10 Act; 

11 (3) $64,270,000 for fiscal year 2006, of which 

12 $32,140,000 shall be for the research and develop13 ment program on manufacturing under section 33 of 

14 the National Institute of Standards and Technology 

15 Act; and 

16 (4) $68,850,000 for fiscal year 2007, of which 

17 $33,260,000 shall be for the research and develop18 ment program on manufacturing under section 33 of 

19 the National Institute of Standards and Technology 

20 Act. 

21 (b) NATIONAL INSTITUTE OF STANDARDS AND

22 TECHNOLOGY RESEARCH AND DEVELOPMENT PRO23 GRAM.—The National Institute of Standards and Tech24 nology Act is amended—
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1 (1) by redesignating the first section 32 as sec2 tion 34 and moving it to the end of the Act; and 

3 (2) by inserting before the section moved by 

4 paragraph (1) the following new section: 

5 ‘‘SEC. 33. RESEARCH AND DEVELOPMENT PROGRAM ON 

6 MANUFACTURING. 

7 ‘‘(a) ESTABLISHMENT.—The Director shall establish 

8 a program of assistance to institutions of higher education 

9 or nonprofit research institutions that enter into partner10 ships with for-profit entities to support, promote, and en11 hance manufacturing research and development. The pro12 gram shall—

13 ‘‘(1) include multidisciplinary research; and 

14 ‘‘(2) include research directed toward address15 ing the needs identified through the Under Secretary 

16 of Commerce for Manufacturing and Technology, 

17 the Office of Manufacturing and Technology Policy, 

18 and the Manufacturing Advisory Board. 

19 ‘‘(b) FELLOWSHIPS.—In order to promote the devel20 opment of a robust research community working at the 

21 leading edge of manufacturing sciences, the Director shall 

22 establish a program to award—

23 ‘‘(1) postdoctoral research fellowships to indi24 viduals who are seeking research positions at institu-
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1 tions, including the Institute, engaged in research 

2 activities related to manufacturing sciences; and 

3 ‘‘(2) senior research fellowships to individuals 

4 seeking research positions at institutions, including 

5 the Institute, engaged in research activities related 

6 to manufacturing sciences. 

7 To be eligible for an award under this subsection, an indi8 vidual shall submit an application to the Director at such 

9 time, in such manner, and containing such information as 

10 the Director may require. Under this subsection, the Di11 rector shall provide stipends for postdoctoral research fel12 lowships at a level consistent with the Institute’s Post 

13 Doctoral Research Fellowship Program, and senior re14 search fellowships at levels consistent with support for a 

15 faculty member in a sabbatical position. 

16 ‘‘(c) AWARDS; APPLICATIONS.—The Director is au17 thorized to award grants or cooperative agreements to in18 stitutions of higher education to carry out the program 

19 established under subsection (a). To be eligible for an 

20 award under such subsection, an institution shall submit 

21 an application to the Director at such time, in such man22 ner, and containing such information as the Director may 

23 require. The application shall include, at minimum, a de24 scription of how the for-profit entities and any other part-
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1 ners will participate in developing and carrying out the 

2 research agenda of the partnership. 

3 ‘‘(d) PROGRAM OPERATION.—(1) The program es4 tablished under subsection (a) shall be managed by indi5 viduals who have expertise in research related to manufac6 turing technology. The Director shall designate such indi7 viduals program managers. 

8 ‘‘(2) Program managers designated under paragraph 

9 (1) may be new or existing employees of the Institute or 

10 individuals on assignment at the Institute under the Inter11 governmental Personnel Act of 1970. 

12 ‘‘(3) Program managers designated under paragraph 

13 (1) shall be responsible for—

14 ‘‘(A) establishing and publicizing the broad re15 search and development goals for the program; 

16 ‘‘(B) soliciting applications for specific research 

17 projects to address the goals developed under sub18 paragraph (A); and 

19 ‘‘(C) selecting research projects for support 

20 under the program from among applications sub21 mitted to the Institute, following consideration of—

22 ‘‘(i) the novelty and scientific and technical 

23 merit of the proposed projects; 

24 ‘‘(ii) the demonstrated capabilities of the 

25 individual or individuals submitting the applica-
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1 tions to successfully carry out the proposed re2 search; 

3 ‘‘(iii) the impact the proposed projects will 

4 have on increasing the number of individuals 

5 with research expertise in manufacturing 

6 sciences; and 

7 ‘‘(iv) the nature of the participation by for8 profit entities and the extent to which the pro9 posed projects address the concerns of industry. 

10 ‘‘(e) REVIEW OF PROGRAM.—The Director shall 

11 enter into an arrangement with the National Academy of 

12 Sciences for a comprehensive review of the program estab13 lished under subsection (a) during the third year of the 

14 program. Such review shall include an assessment of the 

15 quality and utility of the research conducted and the rel16 evance of the research results obtained to the goals of the 

17 program. The Director shall submit a report to Congress 

18 on the results of the review under this subsection not later 

19 than 4 years after the initiation of the program. 

20 ‘‘(f) DEFINITIONS.—For the purposes of this section 

21 the term ‘institution of higher education’ has the meaning 

22 given that term in section 101 of the Higher Education 

23 Act of 1965 (20 U.S.C. 1001).’’. 
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1 SEC. 5. ADVANCED TECHNOLOGY PROGRAM. 

2 (a) AUTHORIZATION OF APPROPRIATIONS.—There 

3 are authorized to be appropriated to the Secretary of Com4 merce for the Advanced Technology Program under sec5 tion 28 of the National Institute of Standards and Tech6 nology Act (15 U.S.C. 278n)—

7 (1) $219,400,000 for fiscal year 2004, includ8 ing $80,700,000 for new awards, of which 

9 $20,000,000 shall be for a focused competition in 

10 manufacturing sciences; 

11 (2) $262,900,000 for fiscal year 2005, includ12 ing $80,700,000 for new awards, of which 

13 $20,000,000 shall be for a focused competition in 

14 manufacturing sciences; 

15 (3) $280,900,000 for fiscal year 2006, includ16 ing $80,700,000 for new awards, of which 

17 $20,000,000 shall be for a focused competition in 

18 manufacturing sciences; and 

19 (4) $290,400,000 for fiscal year 2007, includ20 ing $80,700,000 for new awards, of which 

21 $20,000,000 shall be for a focused competition in 

22 manufacturing sciences. 

23 (b) UNIVERSITY LEADERSHIP OF JOINT VEN24 TURES.—

25 (1) JOINT VENTURE AID.—Section 28(b)(1) of 

26 the National Institute of Standards and Technology 
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1 Act (15 U.S.C. 278n(b)(1)) is amended by striking 

2 ‘‘industry-led United States’’ and all that follows 

3 through ‘‘organizations)’’ and inserting ‘‘joint ven4 tures’’. 

5 (2) DEFINITION.—Section 28(j)(1) of the Na6 tional Institute of Standards and Technology Act 

7 (15 U.S.C. 278n(j)(1)) is amended by striking ‘‘two 

8 or more persons’’ and inserting ‘‘a combination of 

9 two or more persons (which shall include at least 

10 two companies, each of which participates substan11 tially in the joint venture, and may include one or 

12 more institutions of higher education or nonprofit 

13 organizations)’’. 

14 (c) INTELLECTUAL PROPERTY RIGHTS OWNER15 SHIP.—Section 28(d)(11) of the National Institute of 

16 Standards and Technology Act (15 U.S.C. 278n(d)(11)) 

17 is amended by striking ‘‘(11)(A)’’ and all that follows 

18 through ‘‘with such intellectual property.’’ and inserting 

19 the following: 

20 ‘‘(11)(A) Title to any intellectual property de21 veloped by a joint venture from assistance provided 

22 under this section may vest in any participant in the 

23 joint venture, as agreed by the members of the joint 

24 venture, notwithstanding section 202(a) and (b) of 

25 title 35, United States Code. The United States may 
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1 reserve a nonexclusive, nontransferable, irrevocable, 

2 paid-up license, to have practiced for or on behalf of 

3 the United States in connection with any such intel4 lectual property, but shall not, in the exercise of 

5 such license, publicly disclose proprietary informa6 tion related to the license. Title to any such intellec7 tual property shall not be transferred or passed, ex8 cept to a participant in the joint venture, until the 

9 expiration of the first patent obtained in connection 

10 with such intellectual property.’’. 

11 (d) BARRIERS TO PRODUCT DEVELOPMENT.—Sec12 tion 28(d) of the National Institute of Standards and 

13 Technology Act (15 U.S.C. 278n(d)) is amended by add14 ing at the end the following new paragraph: 

15 ‘‘(12) No contract or award may be made under 

16 this section for any project unless the project may 

17 remove a scientific or technological barrier to prod18 uct development.’’. 

19 (e) PROJECT REVIEW AND EVALUATION.—Section 

20 28(g) of the National Institute of Standards and Tech21 nology Act (15 U.S.C. 278n(g)) is amended to read as 

22 follows: 

23 ‘‘(g) INDUSTRY AND PEER REVIEW OF PRO24 POSALS.—(1) In order to analyze the need for or the value 

25 of any proposal made by a joint venture or company re-
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1 questing the Secretary’s assistance under this section, or 

2 to monitor the progress of any project which receives 

3 funds under this section, the Secretary, the Under Sec4 retary of Commerce for Manufacturing and Technology, 

5 and the Director may, notwithstanding any other provision 

6 of law, meet with such industry and other expert sources, 

7 without a proprietary or financial interest in proposals 

8 being evaluated, as they consider useful and appropriate. 

9 ‘‘(2) In order to better assess whether specific innova10 tions to be pursued are being adequately supported by the 

11 private sector, the Director shall conduct a study of, and 

12 thereafter monitor, whether the Secretary, the Undersec13 retary of Commerce for Manufacturing and Technology, 

14 and the Director could benefit from advice and informa15 tion from additional industry and other expert sources, 

16 without a proprietary or financial interest in proposals 

17 being evaluated. Not later than one year after the date 

18 of the enactment of this Act, and biennially thereafter, the 

19 Director shall transmit to the Congress a report con20 taining the results of the study and monitoring under this 

21 paragraph.’’. 
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1 SEC. 6. SMALL BUSINESS INNOVATION RESEARCH/SMALL 

2 BUSINESS TECHNOLOGY TRANSFER PRO3 GRAMS. 

4 Not later than 6 months after the date of enactment 

5 of this Act, the Under Secretary of Commerce for Manu6 facturing and Technology shall develop and transmit to 

7 the Congress a plan to maximize the utilization of Federal 

8 programs such as the Small Business Innovation Research 

9 Program and the Small Business Technology Transfer 

10 Program to support manufacturing sciences. Not later 

11 than 18 months after the date of enactment of this Act, 

12 the Under Secretary of Commerce for Manufacturing and 

13 Technology shall transmit to the Congress a report assess14 ing how Federal agencies are implementing the plan and 

15 including a description of the amount of Small Business 

16 Innovative Research and Small Business Technology 

17 Transfer funds supporting the plan. 

18 SEC. 7. MANUFACTURING TECHNICAL ASSISTANCE. 

19 (a) AUTHORIZATION OF APPROPRIATIONS.—There 

20 are authorized to be appropriated to the Secretary of Com21 merce for the Manufacturing Extension Partnership pro22 gram under sections 25 and 26 of the National Institute 

23 of Standards and Technology Act (15 U.S.C. 278k and 

24 278l)—

25 (1) $110,000,000 for fiscal year 2004; 

26 (2) $113,840,000 for fiscal year 2005; 
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1 (3) $117,830,000 for fiscal year 2006; and 

2 (4) $121,960,000 for fiscal year 2007. 

3 (b) AMENDMENT.—Section 25 of the National Insti4 tute of Standards and Technology Act (15 U.S.C. 278k) 

5 is amended by adding at the end the following new sub6 section: 

7 ‘‘(e) Not later than January 20 of each year, the Di8 rector shall transmit to the Congress a 3-year pro9 grammatic planning document for the Manufacturing Ex10 tension Partnerships program. This document shall be de11 veloped in consultation with the Modernization Forum.’’. 

12 SEC. 8. TECHNICAL WORKFORCE EDUCATION AND DEVEL13 OPMENT. 

14 (a) AUTHORIZATION OF APPROPRIATIONS.—There 

15 are authorized to be appropriated to the Director of the 

16 National Science Foundation for the Advanced Techno17 logical Education Program established under section 3 of 

18 the Scientific and Advanced-Technology Act of 1992 (42 

19 U.S.C. 1862i) and for the Manufacturing Skill Standards 

20 Council formed as the voluntary partnership for the manu21 facturing occupational cluster under section 504(b) of the 

22 National Skill Standards Act of 1994 (20 U.S.C. 

23 5934(b))—

24 (1) $70,000,000 for fiscal year 2004, of which 

25 at least $20,000,000 shall be devoted to the edu-
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1 cation of technicians for manufacturing fields, 

2 $5,000,000 of which shall be used to support the 

3 work of the Manufacturing Skill Standards Council 

4 in educating and preparing manufacturing techni5 cians for certification; 

6 (2) $80,000,000 for fiscal year 2005, of which 

7 at least $30,000,000 shall be devoted to the edu8 cation of technicians for manufacturing fields, 

9 $5,000,000 of which shall be used to support the 

10 work of the Manufacturing Skill Standards Council 

11 in educating and preparing manufacturing techni12 cians for certification; 

13 (3) $90,000,000 for fiscal year 2006, of which 

14 at least $40,000,000 shall be devoted to the edu15 cation of technicians for manufacturing fields, 

16 $5,000,000 of which shall be used to support the 

17 work of the Manufacturing Skill Standards Council 

18 in educating and preparing manufacturing techni19 cians for certification; and 

20 (4) $100,000,000 for fiscal year 2007, of which 

21 at least $50,000,000 shall be devoted to the edu22 cation of technicians for manufacturing fields, 

23 $5,000,000 of which shall be used to support the 

24 work of the Manufacturing Skill Standards Council 
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1 in educating and preparing manufacturing techni2 cians for certification. 

3 (b) AMENDMENT.—Section 3 of the Scientific and 

4 Advanced-Technology Act of 1992 (42 U.S.C. 1862i) is 

5 amended by striking ‘‘advanced-technology fields’’ each 

6 place it appears and inserting ‘‘manufacturing and ad7 vanced-technology fields’’.

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