I
103D CONGRESS
1ST SESSION
H. R. 820
To amend the Stevenson-Wydler Technology Innovation Act of 1980 to en-
hance manufacturing technology development and transfer, to authorize
appropriations for the Technology Administration of the Department
of Commerce, including the National Institute of Standards and Tech-
nology, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 4, 1993
Mr. VALENTINE (for himself, Mr. BROWN, Mr. MINETA, Mrs. LLOYD, Mr.
GLICKMAN, Mr. VOLKMER, Mr. BOEHLERT, Mr. HALL of Texas, Mr.
MCCURDY, Mr. HENRY, Mr. TORRICELLI, Mr. BOUCHER, Mr. TRAFI-
CANT, Mr. HAYES, Mr. BACCHUS of Florida, Mr. ROEMER, Mr. CRAMER,
Mr. SWETT, Mr. BARCIA, Mr. KLEIN, Mr. FINGERHUT, Mr. MCHALE,
Mr. BECERRA, Ms. HARMAN, Mr. JOHNSON of Georgia, Mr. COPPER-
SMITH, Ms. ESHOO, Mr. INSLEE, Ms. E.B. JOHNSON of Texas, Mr.
MINGE, Mr. SCOTT, Ms. WOOLSEY, Mr. MOORHEAD, Mr. REGULA, Mr.
RIDGE, Mr. THORNTON, Mr. ENGEL, and Mr. OLVER) introduced the fol-
lowing bill; which was referred to the Committee on Science, Space, and
Technology
A BILL
To amend the Stevenson-Wydler Technology Innovation Act
of 1980 to enhance manufacturing technology develop-
ment and transfer, to authorize appropriations for the
Technology Administration of the Department of Com-
merce, including the National Institute of Standards and
Technology, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
TITLE I—GENERAL PROVISIONS
SEC. 101. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘National Competitiveness Act of 1993’’.
(b) TABLE OF CONTENTS.—
TITLE I—GENERAL PROVISIONS
Sec. 101. Short title; table of contents.
Sec. 102. Findings.
Sec. 103. Purposes.
Sec. 104. Definitions.
TITLE II—MANUFACTURING
Subtitle A—Manufacturing Technology and Extension
Sec. 201. Short title.
Sec. 202. Findings, purpose, and statement of policy.
Sec. 203. Role of the Department of Commerce.
Sec. 204. National Technology Outreach Program.
Sec. 205. Advanced Manufacturing Technology Development Program.
Sec. 206. Miscellaneous and conforming amendments.
Sec. 207. Manufacturing Technology Centers.
Sec. 208. State Technology Extension Program.
Subtitle B—National Science Foundation Manufacturing Programs
Sec. 211. Role of the National Science Foundation in manufacturing.
Sec. 212. Engineering and Cooperative Research Centers.
Sec. 213. Manufacturing traineeships and fellowships.
Sec. 214. Total quality management.
TITLE III—CRITICAL TECHNOLOGIES
Subtitle A—Benchmarking Science and Technology
Sec. 301. Benchmarking United States science and technology against foreign
capabilities.
Subtitle B—Advanced Technology Program
Sec. 321. Development of program plan.
Sec. 322. Large scale research and development consortia.
Sec. 323. Technical amendments.
Subtitle C—Civilian Technology Loan Program
Sec. 331. Loan and loan guarantee authority.
Sec. 332. Terms and conditions.
Sec. 333. Technical assistance for lenders and borrowers.
Sec. 334. Definitions.
Subtitle D—Civilian Technology Development Program
Sec. 341. Short title.
Sec. 342. Definitions.
Sec. 343. Establishment and purpose.
Sec. 344. Advisory Committee.
Sec. 345. Organization and licensing.
Sec. 346. Capital and management requirements.
Sec. 347. Financing for licensees.
Sec. 348. Issuance and guarantee of trust certificates.
Sec. 349. Capital for qualified business concerns.
Sec. 350. Operation.
Sec. 351. Regulations; liability.
Sec. 352. Technical assistance for licensees and qualified business concerns.
Sec. 353. Annual audit and report.
Sec. 354. Reports, investigations, and examinations.
Sec. 355. Revocation and suspension of licenses; cease and desist orders.
Sec. 356. Injunctions and other orders.
Sec. 357. Conflicts of interest.
Sec. 358. Removal or suspension of directors and officers.
Sec. 359. Violations.
Sec. 360. Civil penalties.
Sec. 361. Antitrust savings clause.
TITLE IV—MISCELLANEOUS
Sec. 401. Department of Commerce Technology Advisory Board.
Sec. 402. International standardization.
Sec. 403. Malcolm Baldrige Award amendments.
Sec. 404. Cooperative research and development agreements.
Sec. 405. Clearinghouse on State and Local Initiatives.
Sec. 406. Competitiveness assessments and evaluations.
Sec. 407. Study of semiconductor lithography technologies.
Sec. 408. American workforce quality partnerships.
Sec. 409. Severability.
TITLE V—AUTHORIZATIONS OF APPROPRIATIONS
Sec. 501. Technology Administration.
Sec. 502. National Institute of Standards and Technology.
Sec. 503. Additional activities of the Technology Administration.
Sec. 504. National Science Foundation.
Sec. 505. Availability of appropriations.
SEC. 102. FINDINGS.
The Congress finds that—
(1) the creation, development, and adoption of
advanced technologies are significant determinants
of economic growth, productivity improvement, and
competitive standing;
(2) over the last decade, the rate of advanced
technology adoption in the United States has been
about half that of some prominent foreign nations
and has contributed to a relative decline in United
States industrial competitiveness;
(3) maintaining a highly competitive manufac-
turing base in the United States is essential for eco-
nomic prosperity and national welfare and requires
continuous development and adoption of advanced
manufacturing technologies that will enable United
States manufacturers to develop innovative products
rapidly and manufacture goods of the highest quality
at competitive prices;
(4) there is general agreement on which fields
of technology are critical for economic competitive-
ness through the first decade of the next century,
but the United States Government lacks a com-
prehensive strategy for ensuring that the appro-
priate research, development, and applications activi-
ties and other reforms occur so these technologies
are readily available to United States manufacturers
for incorporation into products made in the United
States;
(5) technology-based products of the twenty-
first century must be developed incorporating the
values of sustainable development, including low en-
ergy and material use, safety, recyclability, and
minimal pollution;
(6) the cost of and difficulty in obtaining in-
vestment capital for small high technology compa-
nies are significant deterrents to their formation, de-
velopment, and growth;
(7) standardization of weights and measures,
including development and promotion of product and
quality standards, has a significant role to play in
competitiveness; and
(8) strategic technology planning for sustain-
able economic growth, the support of critical civilian
technology research, development, and application,
and advancement of manufacturing technology re-
search, development, and adoption are appropriate
Government roles.
SEC. 103. PURPOSES.
The purposes of this Act are to—
(1) promote and facilitate the creation, develop-
ment, and adoption of technologies that will contrib-
ute significantly to United States competitiveness,
employment, and sustainable economic growth;
(2) improve the competitiveness of United
States manufacturers, particularly small- and me-
dium-sized firms, by developing a nationwide tech-
nology outreach program to improve access to infor-
mation, expertise, and technology required to com-
pete throughout the world;
(3) promote the development and rapid applica-
tion of advanced manufacturing technologies and
processes, with emphasis on environmentally sound
practices and sustainable economic growth;
(4) stimulate long-term investment in United
States companies engaged in development or utiliza-
tion of critical or other advanced technologies;
(5) establish mechanisms to ensure synergistic
linkages between Federal, State, and local initiatives
aimed at enhancing the technological competitiveness
of United States products;
(6) enhance and expand the core programs of
the National Institute of Standards and Technology,
including the Advanced Technology Program; and
(7) monitor and assess foreign technology capa-
bilities relative to those of the United States in order
to assist United States industry and policymakers in
identifying and responding to competitive opportuni-
ties and challenges.
SEC. 104. DEFINITIONS.
For purposes of this Act—
(1) the term ‘‘advanced manufacturing tech-
nology’’ has the meaning given such term in section
4 of the Stevenson-Wydler Technology Innovation
Act of 1980, as amended by section 206(a) of this
Act;
(2) the term ‘‘Director’’ means the Director of
the Institute;
(3) the term ‘‘Institute’’ means the National In-
stitute of Standards and Technology;
(4) the term ‘‘modern technology’’ has the
meaning given such term in section 4 of the Steven-
son-Wydler Technology Innovation Act of 1980, as
amended by section 206(a) of this Act;
(5) the term ‘‘Secretary’’ means the Secretary
of Commerce;
(6) the term ‘‘sustainable economic growth’’ has
the meaning given such term in section 4 of the Ste-
venson-Wydler Technology Innovation Act of 1980,
as amended by section 206(a) of this Act;
(7) the term ‘‘United States manufacturer’’ has
the meaning given such term in section 4 of the Ste-
venson-Wydler Technology Innovation Act of 1980,
as amended by section 206(a) of this Act; and
(8) the term ‘‘Under Secretary’’ means the
Under Secretary of Commerce for Technology.
TITLE II—MANUFACTURING
Subtitle A—Manufacturing
Technology and Extension
SEC. 201. SHORT TITLE.
This subtitle may be cited as the ‘‘Manufacturing
Technology and Extension Act of 1993’’.
SEC. 202. FINDINGS, PURPOSE, AND STATEMENT OF POL-
ICY.
The Stevenson-Wydler Technology Innovation Act of
1980 (15 U.S.C. 3701 et seq.) is amended by adding at
the end the following new title:
‘‘TITLE III—MANUFACTURING
TECHNOLOGY
‘‘SEC. 301. FINDINGS, PURPOSE, AND STATEMENT OF POL-
ICY.
‘‘(a) FINDINGS.—Congress finds and declares the fol-
lowing:
‘‘(1) United States manufacturers, especially
small businesses, require the adoption and imple-
mentation of both modern and advanced manufac-
turing and process technologies to meet the chal-
lenge of foreign competition.
‘‘(2) The development and application of mod-
ern and advanced manufacturing technologies are
vital to the sustainable economic growth, standard of
living, competitiveness in world markets, and na-
tional security and welfare of the United States.
‘‘(3) New developments in flexible, computer-in-
tegrated manufacturing, electronic manufacturing
communications networks, and other new tech-
nologies make possible dramatic improvements
across all industrial sectors in productivity, quality,
and the speed with which manufacturers can re-
spond to changing market opportunities.
‘‘(4) The application of advances in computer
science and technology to manufacturing is also vital
to the Nation’s prosperity, national and economic se-
curity, industrial production, engineering, and sci-
entific advancement.
‘‘(5) The Department of Commerce’s Tech-
nology Administration can continue to play an im-
portant role in assisting United States industry to
develop, test, and adopt modern and advanced man-
ufacturing technologies and in establishing high-per-
formance computing technology testbeds to develop,
refine, test, and transfer advanced manufacturing
and networking technologies and associated applica-
tions.
‘‘(b) PURPOSE.—It is the purpose of this title to help
ensure the continued leadership of the United States in
manufacturing by enhancing the Department of Com-
merce’s technology programs to—
‘‘(1) provide United States manufacturers, es-
pecially small- and medium-sized companies, with
ready access to high quality advice and assistance in
the development, adoption, and improvement of
modern manufacturing technology, and in solving
their specific technology-based problems; and
‘‘(2) encourage, facilitate, and support the de-
velopment and adoption of advanced manufacturing
technologies by United States manufacturers.
‘‘(c) STATEMENT
OF POLICY.—Congress declares
that it is the policy of the United States that—
‘‘(1) Federal agencies, particularly the Depart-
ment of Commerce, shall work with industry, labor,
and the States to ensure that within 10 years of the
date of enactment of this title the United States is
second to no other nation in the development, adop-
tion, and use of modern and advanced manufactur-
ing technology;
‘‘(2) the Department of Commerce shall work
with all the major Federal research and development
agencies to encourage the development and adoption
of advanced manufacturing technologies, and shall
work closely with United States industry and labor,
and with the Nation’s universities, to develop and
test those technologies; and
‘‘(3) the Department of Commerce shall place a
high priority on the establishment and growth of a
National Technology Outreach Program to promote
and facilitate the development and use by United
States manufacturers of modern and advanced man-
ufacturing systems and applications for manufactur-
ing.
‘‘(d) CONSTRUCTION.—Nothing in this title shall be
construed as modifying the duties and responsibilities of
the Department of Energy with regard to its technology
resources and expertise in matters under its jurisdiction.’’.
SEC. 203. ROLE OF THE DEPARTMENT OF COMMERCE.
Title III of the Stevenson-Wydler Technology Innova-
tion Act of 1980, as added by section 202 of this Act,
is further amended by adding at the end the following new
section:
‘‘SEC. 302. ROLE OF THE DEPARTMENT OF COMMERCE.
‘‘(a) DEPARTMENT
OF COMMERCE.—The Depart-
ment of Commerce shall, consistent with the purposes and
policies of section 301, work with United States industry
and labor and the States to develop advanced manufactur-
ing technologies and to promote and assist the adoption
and use of modern and advanced manufacturing tech-
nologies and practices throughout the United States. In
carrying out this title, the Secretary, acting, as appro-
priate, through the Under Secretary and the Director,
shall—
‘‘(1) consult with other Federal agencies, in-
cluding the Department of Defense, the Department
of Energy, and the National Aeronautics and Space
Administration to ensure consistent and, where pos-
sible, coordinated efforts to promote the development
and adoption of modern and advanced manufactur-
ing technologies;
‘‘(2) assist the Office of Science and Tech-
nology Policy in its efforts to coordinate the manu-
facturing technology activities of the various Federal
agencies; and
‘‘(3) work with representatives of Federal,
State, and local agencies, manufacturing extension
programs, private industry, worker organizations,
and academia to encourage and facilitate the use of
both advanced manufacturing technologies, including
those developed by the Advanced Manufacturing
Technology Development Program established under
section 304 of this Act, and modern manufacturing
technologies and practices to large, medium-sized,
and small manufacturing firms throughout the Unit-
ed States.
The Secretary shall annually report to Congress on actions
taken under this subsection.
‘‘(b) OTHER FEDERAL AGENCIES.—To the extent
permitted by other law, other Federal agencies shall assist
the Secretary in carrying out this title.’’.
SEC. 204. NATIONAL TECHNOLOGY OUTREACH PROGRAM.
Title III of the Stevenson-Wydler Technology Innova-
tion Act of 1980, as added by sections 202 and 203 of
this Act, is further amended by adding at the end the fol-
lowing new section:
‘‘SEC. 303. NATIONAL TECHNOLOGY OUTREACH PROGRAM.
‘‘(a) ESTABLISHMENT
AND
PURPOSE.—There is
hereby established a National Technology Outreach Pro-
gram (in this section referred to as the ‘Outreach Pro-
gram’), the purpose of which shall be to—
‘‘(1) interconnect, programatically and elec-
tronically, the Nation’s technology and manufactur-
ing extension centers, programs, and activities; and
‘‘(2) assist United States manufacturers, espe-
cially small- and medium-sized firms, to expand and
accelerate the use of modern manufacturing tech-
nologies and practices and to develop and adopt ad-
vanced manufacturing technologies. The Secretary,
acting through the Under Secretary and the Direc-
tor, shall implement and coordinate the Outreach
Program in accordance with an initial plan and a 5-
year plan for the Outreach Program, to be submit-
ted to the Congress under subsection (g).
‘‘(b) PROGRAM COMPONENTS.—The Outreach Pro-
gram shall constitute a partnership between the Depart-
ment of Commerce, the States, the private sector, and,
as appropriate, other Federal agencies to provide a na-
tional system of manufacturing and technology extension
centers and technical services to United States manufac-
turers, particularly small- and medium-sized manufactur-
ers. The Outreach Program shall include—
‘‘(1) Manufacturing Outreach Centers estab-
lished under subsection (c);
‘‘(2) Regional Centers for the Transfer of Man-
ufacturing Technology established under section 25
of the National Institute of Standards and Tech-
nology Act (15 U.S.C. 278k);
‘‘(3) the State Technology Extension Program
established under section 26 of the National Insti-
tute of Standards and Technology Act (15 U.S.C.
278l);
‘‘(4) the Outreach Program Information Net-
work and the Clearinghouse established under sub-
sections (d) and (e) of this section, respectively; and
‘‘(5) other technology and manufacturing exten-
sion centers that the Secretary considers appropriate
for inclusion in the Outreach Program.
‘‘(c) MANUFACTURING OUTREACH CENTERS.—(1)
Eligible government and private sector organizations that
are actively engaged in technology or manufacturing ex-
tension activities may apply to the Secretary for designa-
tion as Manufacturing Outreach Centers, in such form
and manner as the Secretary may prescribe. Eligible orga-
nizations include Federal, State, and local government
agencies, their extension programs, and their laboratories;
small business development centers; and appropriate pro-
grams run by professional societies, worker organizations,
industrial organizations, for-profit or nonprofit organiza-
tions, universities, community colleges, and technical
schools and colleges.
‘‘(2) The Secretary shall establish standards, consist-
ent with the requirements of subsection (f), for designa-
tion of an existing technology or manufacturing extension
program as a Manufacturing Outreach Center.
‘‘(3) The Secretary may, through a competitive proc-
ess, make grants, subject to the availability of appropria-
tions, to Manufacturing Outreach Centers designated in
accordance with the standards established under para-
graph (2), to enable them to better fulfill the purposes
and perform the activities of the Outreach Program. The
purpose of such grants is to upgrade the overall quality
of the Outreach Program and to contribute to the goal
of ready availability of the services and information pro-
vided through the Outreach Program, including informa-
tion on modern and advanced manufacturing technology,
to all interested United States manufacturers. Such
grants shall be awarded to increase the capabilities and
capacity of Manufacturing Outreach Centers and may not
be used to cover costs of current activities. Manufacturing
Outreach Centers may not concurrently receive financial
assistance under section 25 of the National Institute of
Standards and Technology Act and grants under this
paragraph. Grants may be awarded under this paragraph
for an initial period not to exceed 3 years and may be
renewed for one additional period, not to exceed 2 years.
Such grants may not at any time exceed 33 percent of
the operating costs of the grant recipient.
‘‘(4) In selecting applicants to participate in the Out-
reach Program and in making grants under paragraph
(3), the Secretary shall solicit and consider evaluations of
the applicant’s performance record and current capabili-
ties, and the potential usefulness of the applicant’s pro-
posal, from United States manufacturers that the Sec-
retary considers qualified to make such evaluations.
‘‘(d) OUTREACH
PROGRAM
INFORMATION
NET-
WORK.—(1) The Department of Commerce shall establish,
operate, and maintain, through acquisition or other
means, an instantaneous, interactive electronic commu-
nications network (in this section referred to as the ‘out-
reach network’) to serve the Outreach Program, to facili-
tate effective and efficient interaction within it, and to
permit the collection and dissemination in electronic form,
in a timely and accurate manner, of information described
in subsection (e). The outreach network shall, wherever
practicable, make use of existing computer networks, data
bases, and electronic bulletin boards. The design, configu-
ration, acquisition plan, and operating policies, including
user fees and appropriate electronic access for public and
private information suppliers and users, of the outreach
network shall be included in the 5-year plan prepared
under subsection (g)(2) and shall address—
‘‘(A) effective mechanisms for providing operat-
ing funds for the maintenance and use of the out-
reach network established under this paragraph, in-
cluding user fees, industry support, and continued
Federal investment;
‘‘(B) the future operation and evolution of the
outreach network, including its relationship with
other public or private information services;
‘‘(C) how to protect the copyrights of material
distributed over the outreach network; and
‘‘(D) appropriate policies—
‘‘(i) to ensure the security of proprietary
information that might be available on the out-
reach network and to protect the privacy of
users of the outreach network; and
‘‘(ii) to facilitate and limit access to the
outreach network and its information to mem-
ber organizations of the Outreach Program and
to United States manufacturers.
‘‘(2) Except as provided in this section, the outreach
network established under paragraph (1) shall be designed
and configured in a manner that will enable migration to
and interoperability with networks and technologies devel-
oped under the National High-Performance Computing
Program described in section 101 of the High-Perform-
ance Computing Act of 1991 (15 U.S.C. 5511).
‘‘(e) CLEARINGHOUSE.—(1) The Secretary shall de-
velop a clearinghouse system, using existing public and
private sector information providers and carriers where
appropriate, to—
‘‘(A) identify expertise and acquire information,
appropriate to the purpose of the Outreach Program
stated in subsection (a), from all appropriate Fed-
eral sources, and where appropriate from other
sources, providing assistance where necessary in
making such information electronically available
through and compatible with the outreach network;
‘‘(B) ensure ready access, through the outreach
network, by United States manufacturers and other
interested United States private sector parties to the
most recent relevant available information and ex-
pertise;
‘‘(C) ensure that common standards of inter-
connection are utilized by the outreach network and
the clearinghouse to allow maximum interoperability
and usership; and
‘‘(D) to the extent practicable, inform such
manufacturers of the availability of such informa-
tion.
‘‘(2) The clearinghouse shall include information
available electronically on—
‘‘(A) activities of Manufacturing Outreach Cen-
ters, Regional Centers for the Transfer of Manufac-
turing Technology, the State Technology Extension
Program, and the users of the outreach network;
‘‘(B) domestic and international standards and
other export promotion information, including con-
formity assessment requirements and procedures;
‘‘(C) the Malcolm Baldrige Quality program,
and quality principles and standards;
‘‘(D) manufacturing processes minimizing waste
and negative environmental impact;
‘‘(E) federally funded technology development
and transfer programs;
‘‘(F) responsibilities assigned to the Clearing-
house for State and Local Initiatives on Productiv-
ity, Technology, and Innovation under section 102 of
this Act; and
‘‘(G) how to access data bases and services.
‘‘(f) ADDITIONAL REQUIREMENTS.—In carrying out
this section, the Secretary shall satisfy the following re-
quirements:
‘‘(1) The Outreach Program and the outreach
network shall be established and operated through
cooperation and co-funding among Federal, State,
and local governments, other public and private con-
tributors, and end users.
‘‘(2) The Outreach Program and the outreach
network shall utilize and leverage, to the extent
practicable, existing organizations, data bases, elec-
tronic networks, facilities, capabilities, and existing
standards for interconnection, and shall be designed
to complement rather than supplant State and local
programs.
‘‘(3) The Outreach Program and the outreach
network shall be subject to all applicable provisions
of law for the protection of trade secrets and busi-
ness confidential information.
‘‘(4) Access to the services available through
the Outreach Program and information available
through the outreach network servicing the Outreach
Program shall be limited, as appropriate, to United
States manufacturers.
‘‘(5) Local or regional needs should determine
the management structure and staffing of the Manu-
facturing Outreach Centers. The Outreach Program
shall strive for geographical balance with the ulti-
mate goal of access for all United States manufac-
turers.
‘‘(6) Manufacturing Outreach Centers should
have the capability to deliver outreach services di-
rectly to United States manufacturers, actively work
with, rather than supplant, the private sector, and to
the extent practicable, maximize the exposure of
manufacturers to demonstrations of modern tech-
nologies in use, including flexible manufacturing
practices.
‘‘(7) The Department of Commerce shall de-
velop mechanisms for—
‘‘(A) soliciting the perspectives of manufac-
turers using the services of the Manufacturing
Outreach Centers and Regional Centers for the
Transfer of Manufacturing Technology; and
‘‘(B) evaluating the effectiveness of the
Manufacturing Outreach Centers and Regional
Centers for the Transfer of Manufacturing
Technology.
‘‘(g) PLAN AND REPORTS.—(1) Within 6 months
after the date of enactment of this title, the Secretary,
after consultation with the Under Secretary, the Director,
the Department of Commerce Technology Advisory Board,
and a cross-section of potential participants in the Out-
reach Program, shall submit an initial plan for the imple-
mentation of this title to Congress—
‘‘(A) describing how the Secretary will carry out
the responsibility to create, operate, and support the
Outreach Program and the outreach network, in-
cluding the interactive electronic linkage of Manu-
facturing Outreach Centers to the programs of the
Technology Administration and other appropriate
Federal, State, and local agencies;
‘‘(B) establishing criteria and procedures, con-
sistent with the requirements of this title, for—
‘‘(i) the selection of organizations to re-
ceive Department of Commerce services or fi-
nancial assistance as part of the Outreach Pro-
gram, including qualifications and training of
technology extension agents; and
‘‘(ii) access to services provided by partici-
pants in the Outreach Program and to informa-
tion available through the outreach network
servicing the Outreach Program; and
‘‘(C) evaluating the need for and the benefits of
a National Conference of States on Technology Ex-
tension, similar in structure to the National Con-
ference on Weights and Measures, and, if the Sec-
retary determines that such a Conference is advis-
able, developing, in consultation with the States and
other interested parties, a plan for the establish-
ment, operation, funding, and evaluation of such a
Conference.
‘‘(2) Within 1 year after the date of enactment of
this title, the Secretary, in consultation with the Under
Secretary, the Director, and the Department of Commerce
Technology Advisory Board, shall prepare and submit to
the Congress a 5-year plan for implementing the Outreach
Program and the outreach network and clearinghouse es-
tablished under subsections (d) and (e), respectively. Such
5-year plan shall identify appropriate methods for expand-
ing the Outreach Program in a geographically balanced
manner. Such 5-year plan shall include a detailed imple-
mentation plan and cost estimates and shall take into con-
sideration and build on the report submitted under para-
graph (1).
‘‘(3) Beginning with first year after submission of the
5-year plan under paragraph (2), the Secretary shall an-
nually report to the Congress, at the time of the Presi-
dent’s annual budget request to Congress, on—
‘‘(A) progress made in carrying out this section
during the preceding fiscal year;
‘‘(B) changes proposed to the 5-year plan;
‘‘(C) performance in adhering to schedules; and
‘‘(D) any 
recommendations 
for 
legislative
changes necessary to enhance the Outreach Pro-
gram.
The report under this paragraph submitted at the end of
the fourth year of operation of the Outreach Program
shall include recommendations on whether to terminate
the Outreach Program or extend it for an additional pe-
riod not to exceed 5 years.’’.
SEC. 205. ADVANCED MANUFACTURING TECHNOLOGY DE-
VELOPMENT PROGRAM.
Title III of the Stevenson-Wydler Technology Innova-
tion Act of 1980, as added by sections 202, 203, and 204
of this Act, is further amended by adding at the end the
following new section:
‘‘SEC. 304. ADVANCED MANUFACTURING TECHNOLOGY DE-
VELOPMENT PROGRAM.
‘‘(a) ESTABLISHMENT.—The Secretary, through the
Under Secretary and the Director, shall establish an Ad-
vanced Manufacturing Technology Development Program
which shall include projects to develop advanced manufac-
turing systems, networks, and electronic data exchange.
‘‘(b) PURPOSE.—The purpose of the Advanced Manu-
facturing Technology Development Program is to create
collaborative multiyear technology development programs
involving United States industry and, as appropriate,
other Federal agencies and laboratories, the States, work-
er organizations, universities and colleges, and other inter-
ested persons, in order to develop, refine, test, and trans-
fer design and manufacturing technologies and associated
applications, including advanced computer integration and
electronic networks for manufacturing information ex-
change.
‘‘(c) PROGRAM COMPONENTS.—The Advanced Manu-
facturing Technology Development Program shall in-
clude—
‘‘(1) the advanced manufacturing research and
development activities at the Institute; and
‘‘(2) one or more technology development
testbeds within the United States, selected in ac-
cordance with procedures, including cost sharing, es-
tablished for the Advanced Technology Program es-
tablished under section 28 of the National Institute
of Standards and Technology Act (15 U.S.C. 278n),
whose purpose shall be to develop, refine, test, and
transfer advanced manufacturing, data exchange,
and networking technologies and associated applica-
tions.
‘‘(d) FUNCTIONS AND ACTIVITIES.—The Advanced
Manufacturing Technology Development Program, under
the coordination of the Secretary, through the Director,
shall—
‘‘(1) test and, as appropriate, facilitate and
support the development of, the equipment, com-
puter software, and systems integration necessary
for the successful operation within the United States
of advanced design and manufacturing systems and
associated electronic networks;
‘‘(2) establish at the Institute and the tech-
nology development testbed or testbeds—
‘‘(A) prototype advanced computer-inte-
grated manufacturing systems; and
‘‘(B) prototype electronic networks linking
manufacturing systems;
‘‘(3) assist industry to develop voluntary con-
sensus standards relevant to advanced computer-in-
tegrated manufacturing operations, including stand-
ards for networks, electronic data interchange, and
digital product data specifications;
‘‘(4) help to make high-performance computing
and networking technologies an integral part of de-
sign and production processes where appropriate;
‘‘(5) conduct research to identify and overcome
technical barriers to the successful and cost-effective
operation of advanced manufacturing systems and
networks and to promote and facilitate electronic
data exchange;
‘‘(6) facilitate industry efforts to develop and
test new applications for manufacturing systems,
networks, and information exchange;
‘‘(7) involve in the Advanced Manufacturing
Technology Development Program, to the maximum
extent practicable, both those United States manu-
facturers which make manufacturing technology and
related computer equipment and software, and com-
panies which buy such technology, equipment and
software;
‘‘(8) identify training needs, as appropriate, for
company managers, engineers, and employees in the
operation and applications of advanced manufactur-
ing technologies and networks, with particular em-
phasis on training for production workers in the ef-
fective use of advanced manufacturing technology;
‘‘(9) work with private industry, universities,
and other interested parties to develop standards,
tools, and techniques for the use of advanced com-
puter-based training systems, including multi-media
and interactive learning technologies;
‘‘(10) involve small and medium-sized manufac-
turers in its activities;
‘‘(11) exchange information and personnel, as
appropriate, between the technology development
testbeds and the outreach network created under
section 303(d); and
‘‘(12) coordinate its activities with the National
High-Performance Computing Program described in
section 101 of the High-Performance Computing Act
of 1991 (15 U.S.C. 5511) to ensure that both pro-
grams are complementary and compatible.
‘‘(e) TESTBED AWARDS.—(1) In selecting applicants
to receive awards under subsection (c)(2) of this section,
the Secretary shall give preferential consideration to appli-
cants that have existing computer expertise in manufac-
turing applications and the ability to diffuse such expertise
into industry, and that, in the case of joint research and
development ventures, include both suppliers and users of
advanced manufacturing technology.
‘‘(2) An industry-led joint research and development
venture applying for an award under subsection (c)(2) of
this section may include one or more State research orga-
nizations, universities, independent research organiza-
tions, or Regional Centers for the Transfer of Manufactur-
ing Technology (as created under section 25 of the Na-
tional Institute of Standards and Technology Act) and
other organizations as the Secretary considers appro-
priate.
‘‘(f) ADVICE AND ASSISTANCE.—(1) Within 6 months
after the date of enactment of this title, and before any
request for proposals is issued, the Secretary shall hold
one or more workshops to solicit advice from United
States industry and from other Federal agencies, particu-
larly the Department of Defense, regarding the specific
missions and activities of the testbeds.
‘‘(2) The Secretary shall, to the greatest extent pos-
sible, coordinate activities under this section with activities
of other Federal agencies and initiatives relating to Com-
puter-Aided Acquisition and Logistics Support, electronic
data interchange, flexible computer-integrated manufac-
turing, and enterprise integration.
‘‘(3) The Secretary may request and accept funds,
facilities, equipment, or personnel from other Federal
agencies in order to carry out responsibilities under this
section.
‘‘(g) APPLICATION OF ANTITRUST LAWS.—Nothing
in this section shall be construed to create any immunity
to any civil or criminal action under any Federal or State
antitrust law, or to alter or restrict in any manner the
applicability of any Federal or State antitrust law.’’.
SEC. 206. MISCELLANEOUS AND CONFORMING AMEND-
MENTS.
(a) DEFINITIONS.—Section 4 of the Stevenson-
Wydler Technology Innovation Act of 1980 (15 U.S.C.
3703) is amended by adding at the end the following new
paragraphs:
‘‘(14) ‘Director’ means the Director of the Na-
tional Institute of Standards and Technology.
‘‘(15) ‘Institute’ means the National Institute
of Standards and Technology.
‘‘(16) ‘Assistant Secretary’ means the Assistant
Secretary of Commerce for Technology Policy.
‘‘(17) ‘Advanced manufacturing technology’
means—
‘‘(A) numerically-controlled machine tools,
robots, automated process control equipment,
computerized flexible manufacturing systems,
associated computer software, and other tech-
nology for improving manufacturing and indus-
trial production of goods, including bio-
technology products, which advance the state-
of-the-art; or
‘‘(B) novel techniques and processes not
previously generally available that—
‘‘(i) improve manufacturing quality,
productivity, and practices, including engi-
neering design, quality assurance, concur-
rent engineering, continuous process pro-
duction technology, inventory management,
upgraded worker skills, and communica-
tions with customers and suppliers; or
‘‘(ii) promote sustainable economic
growth.
‘‘(18) ‘Modern technology’ means the best avail-
able proven technology, techniques, and processes
appropriate to enhancing the productivity of manu-
facturers or to promoting sustainable economic
growth.
‘‘(19) ‘Sustainable economic growth’ means eco-
nomic growth that enhances the national quality of
life and preserves environmental integrity.
‘‘(20) ‘United States manufacturer’ means a
company described in section 28(d)(9)(B) of the Na-
tional Institute of Standards and Technology Act
(15 U.S.C. 278n(d)(9)(B)) that is engaged in manu-
facturing activities.
‘‘(21) ‘Benchmarking’ means the assessment of
foreign science and technology capabilities relative to
comparable United States capabilities.’’.
(b) REDESIGNATIONS.—The Stevenson-Wydler Tech-
nology Innovation Act of 1980 (15 U.S.C. 3701 et seq.)
is amended—
(1) by inserting immediately after section 4 the
following new title heading:
‘‘TITLE I—DEPARTMENT OF COMMERCE
AND RELATED PROGRAMS’’;
(2) by redesignating sections 5 through 10 as
sections 101 through 106, respectively;
(3) by striking section 21;
(4) by redesignating sections 16 through 20,
and 22, as sections 107 through 112, respectively;
(5) by inserting immediately after section 112
(as redesignated by paragraph (4) of this sub-
section) the following new title heading:
‘‘TITLE II—FEDERAL TECHNOLOGY
TRANSFER’’;
(6) by redesignating sections 11 through 15 as
sections 201 through 205, respectively;
(7) by redesignating section 23 as section 206;
(8) in section 4—
(A) by striking ‘‘section 5’’ each place it
appears and inserting in lieu thereof ‘‘section
101’’;
(B) in paragraphs (4) and (6), by striking
‘‘section 6’’ and ‘‘section 8’’ each place they ap-
pear and inserting in lieu thereof ‘‘section 102’’
and ‘‘section 104’’, respectively; and
(C) in paragraph (13), by striking ‘‘section
6’’ and inserting in lieu thereof ‘‘section 102’’;
(9) in section 105 (as redesignated by para-
graph (2) of this subsection) by striking ‘‘section 6’’
each place it appears and inserting in lieu thereof
‘‘section 102’’;
(10) in section 106(d) (as redesignated by para-
graph (2) of this subsection) by striking ‘‘7, 9, 11,
15, 17, or 20’’ and inserting in lieu thereof ‘‘103,
105, 108, 111, 201, or 205’’;
(11) in section 202(b) (as redesignated by para-
graph (6) of this subsection) by striking ‘‘section
14’’ and inserting in lieu thereof ‘‘section 204’’;
(12) in section 204(a)(1) (as redesignated by
paragraph (6) of this subsection) by striking ‘‘sec-
tion 12’’ and inserting in lieu thereof ‘‘section 202’’;
(13) in section 112 (as redesignated by para-
graph (4) of this subsection) by striking ‘‘sections
11, 12, and 13’’ and inserting in lieu thereof ‘‘sec-
tions 201, 202, and 203’’;
(14) in section 206 (as redesignated by para-
graph (7) of this subsection)—
(A) by striking ‘‘section 11(b)’’ in sub-
section (a)(2) and inserting in lieu thereof ‘‘sec-
tion 201(b)’’; and
(B) by striking ‘‘section 6(d)’’ in sub-
section (b) and inserting in lieu thereof ‘‘section
102(d)’’; and
(15) by adding at the end of section 201 (as re-
designated by paragraph (6) of this subsection) the
following new subsection:
‘‘(j) ADDITIONAL TECHNOLOGY TRANSFER MECHA-
NISMS.—In addition to the technology transfer mecha-
nisms set forth in this section and section 202 of this Act,
the heads of Federal departments and agencies also may
transfer technologies through the technology transfer and
extension programs of the Department of Commerce and
the Department of Defense.’’.
SEC. 207. MANUFACTURING TECHNOLOGY CENTERS.
Section 25 of the National Institute of Standards and
Technology Act (15 U.S.C. 278k), is amended—
(1) by amending the section heading to read as
follows: 
‘‘MANUFACTURING 
TECHNOLOGY
CENTERS’’;
(2) in subsection (c)(5), by striking ‘‘which are
designed’’ and all that follows through ‘‘operation of
a Center’’ and inserting in lieu thereof ‘‘to a maxi-
mum of one-third Federal funding. Each center
which receives financial assistance under this section
shall be evaluated during its sixth year of operation,
and at such subsequent times as the Secretary con-
siders appropriate, by an evaluation panel appointed
by the Secretary in the same manner as was the
evaluation panel previously appointed. The Secretary
shall not provide funding for additional years of the
Center’s operation unless the evaluation is positive
and the Secretary finds that continuation of funding
furthers the goals of the Department. Such addi-
tional Federal funding shall not exceed one-third of
the cost of the Center’s operations’’;
(3) by striking subsection (d); and
(4) by adding at the end the following new sub-
sections:
‘‘(d) If a Center receives a positive evaluation during
its third year of operation, the Director may, any time
after that evaluation, contract with the Center to provide
additional technology extension or transfer services above
and beyond the baseline activities of the Center. Such ad-
ditional services may include, but are not necessarily lim-
ited to, the development and operation of the following:
‘‘(1) Programs to assist small and medium-
sized manufacturers and their employees in the Cen-
ter’s region to learn and apply the technologies,
techniques, and processes associated with systems
management technology, electronic data exchange, or
improving manufacturing productivity.
‘‘(2) Services focused on the testing, develop-
ment, and application of manufacturing and process
technologies within specific technical fields such as
advanced materials or electronics fabrication for the
purpose of assisting United States companies, both
large and small and both within the Center’s original
service region and in other regions, to improve man-
ufacturing, product design, workforce training, and
production in those specific technical fields.
‘‘(3) Industry-led demonstration programs that
explore the value of innovative nonprofit manufac-
turing technology consortia to provide ongoing re-
search, technology transfer, and worker training as-
sistance for industrial members. An award under
this paragraph shall be for no more than $500,000
per year, and shall be subject to renewal after a 1-
year demonstration period.
‘‘(e) In addition to any assistance provided or con-
tracts entered into with a Center under this section, the
Director is authorized to make separate and smaller
awards, through a competitive process, to nonprofit orga-
nizations which wish to work with a Center. Such awards
shall be for the purpose of enabling those organizations
to provide supplemental outreach services, in collaboration
with the Center, to small and medium-sized manufacturers
located in parts of the region served by the Center which
are not easily accessible to the Center and which are not
served by any other manufacturing outreach center. Orga-
nizations which receive such awards shall be known as
Local Manufacturing Offices. In reviewing applications,
the Director shall consider the needs of rural as well as
urban manufacturers. No single award for a Local Manu-
facturing Office shall be for more than three years, awards
shall be renewable through the competitive awards proc-
ess, and no award shall be made unless the applicant pro-
vides matching funds at least equal to the amount received
under this section.
‘‘(f) In carrying out this section, the Director shall
coordinate his efforts with the plans for the National
Technology Outreach Program established under section
303 of the Stevenson-Wydler Technology Innovation Act
of 1980.’’.
outreach network created under section 303 of this
Act;
‘‘(3) work, in coordination with the Federal Co-
ordinating Council for Science Engineering and
Technology, as appropriate, to streamline Federal
Government procedures for collecting, evaluating,
and disseminating information benchmarking foreign
scientific and technological information and to iden-
tify roadblocks to collection, evaluation, or dissemi-
nation of foreign science and technology information;
and
‘‘(4) Conduct appropriate planning regarding
long-term collection, evaluation, dissemination, and
application of foreign science and technology infor-
mation.
‘‘(b) OTHER AGENCIES.—All executive departments
and agencies shall assist the Secretary in carrying out this
title.
‘‘(c) ESTABLISHMENT OF THE OFFICE OF TECH-
NOLOGY MONITORING AND ASSESSMENT.—The Secretary,
acting through the Under Secretary, shall establish an of-
fice within the Technology Administration to carry out
this title. Such office shall be known as the Office of Tech-
nology Monitoring and Assessment, and is authorized to—
shall transmit to the Committee on Science, Space, and
Technology of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of the
Senate an annual status report summarizing significant
accomplishments in achieving those objectives.
(f) DEFINITION.—For purposes of this section, the
term ‘‘large-scale research and development consortia’’
means a joint venture described in section 28(b)(1) of the
National Institute of Standards and Technology Act (15
U.S.C. 278n(b)(1)).
(g) ANTITRUST.—The National Cooperative Research
Act of 1984 (15 U.S.C. 4301 et seq.) shall apply to large-
scale research and development consortia selected under
this section.
SEC. 323. TECHNICAL AMENDMENTS.
Section 28 of the National Institute of Standards and
Technology Act (15 U.S.C. 278n) is amended—
(1) in subsection (b)(1)(B)(ii), by striking ‘‘pro-
vision of a minority share of the cost of such joint
ventures for up to 5 years’’ and inserting in lieu
thereof ‘‘the option of provision of either—
‘‘(I) a minority share of the cost of
such joint ventures for up to 5 years; or
(10) the term ‘‘qualified business concern’’
means a United States company described in section
28(d)(9)(B) of the National Institute Standards and
Technology Act (15 U.S.C. 278n(d)(9)(B)), if—
(A) the business of such company includes
the pursuit, under the Small Business Innova-
tion Research (SBIR) program, of applications
described in section 9(e)(4)(C) of the Small
Business Act (15 U.S.C. 638(e)(4)(C));
(B) the principal business of such company
is the development or application of a critical
technology;
(C) such company is eligible for assistance
under the Advanced Technology Program
(ATP) established under section 28 of the Na-
tional Institute of Standards and Technology
Act (15 U.S.C. 278n); or
(D) such company is principally engaged in
the development or exploitation of inventions,
technological improvements, new processes, or
products not previously generally available
(within the meaning of section 851(e)(1) of the
Internal Revenue Code of 1986);
(11) the term ‘‘State’’ means several States, the
District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa,
and the Commonwealth of the Northern Mariana Is-
lands, and any other territory or possession of the
United States;
(12) the term ‘‘State sponsored licensee’’ means
a company licensed under section 345 in which a
State or instrumentality of a State has at least a 25
percent investment interest in the private equity cap-
ital of such licensee;
(13) the term ‘‘university sponsored licensee’’
means a company licensed under section 345 in
which a single university or consortium of univer-
sities has at least a 25 percent investment interest
in the private equity capital of such licensee; and
(14) the term ‘‘venture capital’’ means consid-
eration for such—
(A) common stock;
(B) preferred stock;
(C) subordinated debt with equity features
which may include equity warrants or rights to
convert into common stock and which provides
for interest payments contingent upon and lim-
ited to the extent of earnings; or
(D) other financing with subordination or
nonamortization characteristics,