In the Senate of the United States,
March 16 (legislative day, February 22), 1994.
Resolved, That the bill from the House of Representa-
tives (H.R. 820) entitled ‘‘An Act to amend the Stevenson-
Wydler Technology Innovation Act of 1980 to enhance manu-
facturing technology development and transfer, to authorize
appropriations for the Technology Administration of the De-
partment of commerce, including the National Institute of
Standards and Technology, and for other purposes’’, do pass
with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
TITLE I—GENERAL PROVISIONS
SEC. 101. SHORT TITLE AND TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the ‘‘Na-
tional Competitiveness Act of 1994’’.
(b) TABLE OF CONTENTS.—
TITLE I—GENERAL PROVISIONS
Sec. 101. Short title and table of contents.
Sec. 102. Findings.
Sec. 103. Purposes.
Sec. 104. Definitions.
Sec. 105. Overall authorization limit.
TITLE II—MANUFACTURING
Sec. 201. Short title.
SUBTITLE A—MANUFACTURING TECHNOLOGY AND EXTENSION
Sec. 211. Manufacturing amendments to the Stevenson-Wydler Technology Inno-
vation Act.
HR 820 EAS
Sec. 212. Manufacturing amendments to the National Institute of Standards and
Technology Act.
Sec. 213. Additional amendments to the Stevenson-Wydler Technology Innovation
Act.
Sec. 214. Manufacturing technology centers.
Sec. 215. State Technology Extension Program.
Sec. 216. Report on options for accelerating the adoption of new manufacturing
equipment.
SUBTITLE B—NATIONAL SCIENCE FOUNDATION MANUFACTURING PROGRAMS
Sec. 221. National Science Foundation manufacturing programs.
TITLE III—CRITICAL TECHNOLOGIES
Sec. 301. Development of plan for the Advanced Technology Program.
Sec. 302. Large-scale research and development consortia.
Sec. 303. Technical amendments.
Sec. 304. Technology monitoring and competitiveness assessment.
Sec. 305. Recoupment.
Sec. 306. Technology financing pilot program.
Sec. 307. Reports on foreign industrial espionage.
TITLE IV—ADDITIONAL COMMERCE DEPARTMENT PROVISIONS
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. Program evaluations.
Sec. 406. Study of semiconductor lithography technologies.
Sec. 407. Clearinghouse on State and Local Initiatives.
Sec. 408. Wind engineering research program.
Sec. 409. Environmentally sensitive construction technologies.
Sec. 410. American workforce quality.
Sec. 411. Severability.
Sec. 412. Use of domestic products.
Sec. 413. Personnel.
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.
TITLE VI—INFORMATION TECHNOLOGY APPLICATIONS
Sec. 601. Short title.
Sec. 602. Findings and purpose.
Sec. 603. Information technology applications.
Sec. 604. Applications for education and libraries.
Sec. 605. Applications for manufacturing and information.
Sec. 606. Applications in energy and other areas.
Sec. 607. Applications for health care; access to networks.
Sec. 608. High-Performance Computing and Applications Advisory Committee.
HR 820 EAS
Sec. 609. National Research and Education Network Program.
Sec. 610. Support for computer education programs.
Sec. 611. Support for State-based digital libraries.
Sec. 612. Support for computing activities at tribal colleges.
Sec. 613. Department of Education support for computer education programs.
TITLE VII—FASTENER QUALITY ACT AMENDMENTS
Sec. 701. Fastener Quality Act amendments.
TITLE VIII—PRIVATE CARRIAGE OF URGENT LETTERS
Sec. 801. Private carriage of urgent letters.
TITLE IX—REGULATORY FLEXIBILITY ANALYSIS
Sec. 901. Definitions.
Sec. 902. Initial regulatory flexibility analysis.
Sec. 903. Final regulatory flexibility analysis.
Sec. 904. Judicial review.
TITLE X—COUNTERINTELLIGENCE
Sec. 1001. Short title.
Sec. 1002. Amendment to the National Security Act of 1947.
Sec. 1003. Protection of cryptographic information.
Sec. 1004. Amendment to Right to Financial Privacy Act.
Sec. 1005. New criminal offense for the possession of espionage devices.
Sec. 1006. New offense for sale or transfer to foreign governments documents and
other materials designated as top secret.
Sec. 1007. Lesser criminal offense for the removal of top secret documents by gov-
ernment employees and contractors.
Sec. 1008. Jurisdiction of United States courts to try cases involving espionage
outside the United States.
Sec. 1009. Expansion of existing statute regarding forfeiture of collateral profits
of crime to additional espionage offenses.
Sec. 1010. Denial of annuities or retired pay to persons convicted of espionage
in foreign courts involving United States information.
Sec. 1011. Authorizing the FBI to obtain consumer reports on persons believed to
be agents of foreign powers.
Sec. 1012. To provide for rewards for information concerning espionage.
Sec. 1013. To provide a court order process for physical searches undertaken for
foreign intelligence purposes.
TITLE XI—LOCAL EMPOWERMENT AND FLEXIBILITY
Sec. 1101. Short title.
Sec. 1102. Findings.
Sec. 1103. Purposes.
Sec. 1104. Definitions.
Sec. 1105. Demonstration program.
Sec. 1106. Provision of Federal assistance in accordance with approved local
flexibility plan.
Sec. 1107. Application for approval of local flexibility plan.
Sec. 1108. Review and approval of local flexibility plans.
Sec. 1109. Implementation of approved local flexibility plans; waiver of require-
ments.
HR 820 EAS
Sec. 1110. Community advisory committees.
Sec. 1111. Technical and other assistance.
Sec. 1112. Community enterprise board.
Sec. 1113. Termination and repeal; report.
TITLE XII—HERO ACT
Sec. 1201. Short title.
Sec. 1202. Findings.
Sec. 1203. Citations.
TITLE XIII—MISCELLANEOUS PROVISIONS
Sec. 1301. Economic and Employment Impact Act.
Sec. 1302. Urban university business initiative grants.
Sec. 1303. Prohibition on solicitation of campaign contributions by persons
awarding contracts.
SEC. 102. FINDINGS.
Congress finds and declares the following:
(1) In an increasingly competitive world econ-
omy, the companies and nations which lead in the
rapid development, adoption, and application of new
technologies, and in the low-priced, high-quality man-
ufacture of products based on those technologies, will
lead in economic growth, employment, and high liv-
ing standards.
(2) While the United States remains the world
leader in science and invention, it has not done as
well as it should in manufacturing new products
based on these innovations. This lag and the unprece-
dented competitive challenge that the Nation has faced
from abroad have contributed to a drop in real wages,
living standards, and employment opportunities.
(3) There is general agreement on which fields of
technology are critical for economic competitiveness
HR 820 EAS
through the first decade of the next century, but the
United States Government must pursue a comprehen-
sive strategy to ensure that the appropriate research,
development, and applications activities and other re-
forms occur so these technologies are readily available
to United States manufacturers for incorporation into
products made in the United States.
(4) 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.
(5) While the private sector must take the lead
in the development, application, and manufacture of
new technologies, the Federal Government should—
(A) assist industry in the development of
high-risk, long-term precommercial technologies
which promise large economic benefits for the
Nation;
(B) support industry-led efforts to develop
and refine advanced manufacturing technologies,
including technologies which improve productiv-
HR 820 EAS
ity and quality and which build upon and en-
hance employee skills;
(C) work with States, the private sector,
worker organizations, and technical and profes-
sional societies to help small- and medium-sized
manufacturers throughout the Nation to adopt
best current manufacturing technologies and
practices, to improve worker skills, to establish
high-performance work organizations, and to
prepare, as appropriate, to adopt the advanced
computer-controlled manufacturing technologies
of the twenty-first century; and
(D) cooperate with industry and academia
to help create an advanced information infra-
structure for the United States.
(6) In working with industry to promote the
technological leadership and economic growth of the
United States, the Federal Government also has a re-
sponsibility to consult with business and labor leaders
on industry’s long-term technological and skill needs,
to monitor technological trends, production process
trends, and technology targeting efforts in other na-
tions, and generally to ensure that Federal technology
and industrial modernization programs help United
HR 820 EAS
States industry to remain competitive and create
good domestic jobs.
(7) Technology-based products of the twenty-first
century should be developed incorporating the values
of sustainable development, including low material
use, safety, recyclability, and minimal pollution.
(8) The Department of Commerce, and particu-
larly its Technology Administration and National In-
stitute of Standards and Technology, can effectively
assist industry to speed the development and utiliza-
tion of new technologies, improve and modernize
manufacturing, adopt new methods of production,
and ensure a growing and healthy national industrial
base and good manufacturing jobs. To promote the
long-term economic growth of the Nation, these De-
partment of Commerce programs should be strength-
ened and expanded.
SEC. 103. PURPOSES.
The purposes of this Act are to—
(1) strengthen and expand the ability of Federal
technology programs, particularly those of the Depart-
ment of Commerce, to support industry-led and State-
supported efforts to improve the technological capa-
bilities, manufacturing performance, information in-
HR 820 EAS
frastructure, and employment opportunities of the
United States;
(2) promote and facilitate, particularly through
the Advanced Technology Program of the Department
of Commerce, the creation, development, and adoption
of technologies that will contribute significantly to
United States economic competitiveness, employment,
high quality jobs, and prosperity;
(3) develop a nationwide network of sources of
technological and industrial modernization advice for
manufacturers, particularly small and medium-sized
firms, and provide high quality, current information
to that network;
(4) encourage cooperation among Federal depart-
ments and agencies to help companies, managers, and
workers, in a coordinated fashion, to take full advan-
tage of advanced manufacturing technologies, to im-
prove productivity and quality, and adopt advanced
workplace practices which successfully integrate tech-
nology and employees;
(5) stimulate the flow of capital to business con-
cerns engaged principally in development or utiliza-
tion of critical technologies and other advanced man-
ufacturing technologies;
HR 820 EAS
(6) ensure the widest possible application of
high-performance 
computing 
and 
high-speed
networking and aid United States industry to develop
an advanced national information infrastructure; and
(7) enhance and expand the core programs of the
National Institute of Standards and Technology.
SEC. 104. DEFINITIONS.
For purposes of this Act—
(1) the terms ‘‘advanced manufacturing tech-
nology’’, ‘‘advanced workplace practices’’, ‘‘modern
technology’’, and ‘‘sustainable economic growth’’ have
the meanings given such terms, respectively, in sec-
tion 4 of the Stevenson-Wydler Technology Innovation
Act of 1980, as amended by section 211(b) of this Act;
(2) the term ‘‘critical technologies’’ means tech-
nologies identified as critical technologies pursuant to
section 603(d) of the National Science and Technology
Policy, Organization, and Priorities Act of 1976 (42
U.S.C. 6683(d));
(3) the term ‘‘Director’’ means the Director of the
Institute;
(4) the term ‘‘Institute’’ means the National In-
stitute of Standards and Technology;
(5) the term ‘‘Secretary’’ means the Secretary of
Commerce;
HR 820 EAS
(6) the term ‘‘small business’’ has the meaning
given such term in the Small Business Act;
(7) the term ‘‘source reduction’’ has the meaning
given that term in section 6603 of the Pollution Pre-
vention Act of 1990 (42 U.S.C. 13102);
(8) the term ‘‘State’’ means any of the several
States, the District of Columbia, the Commonwealth
of Puerto Rico, the Virgin Islands, Guam, American
Samoa, the Commonwealth of the Northern Mariana
Islands, or any other territory or possession of the
United States;
(9) the term ‘‘Under Secretary’’ means the
Under Secretary of Commerce for Technology; and
(10) the term ‘‘United States’’ means the several
States, the District of Columbia, the Commonwealth
of Puerto Rico, the Virgin Islands, Guam, American
Samoa, the Commonwealth of the Northern Mariana
Islands, and any other territory or possession of the
United States.
SEC. 105. OVERALL AUTHORIZATION LIMIT.
Notwithstanding any other provision of this Act, the
total amount authorized to be appropriated under this Act
shall not exceed $1,900,000,000.
HR 820 EAS
TITLE II—MANUFACTURING
SEC. 201. SHORT TITLE.
This title may be cited as the ‘‘Manufacturing Tech-
nology and Extension Act of 1994’’.
Subtitle A—Manufacturing
Technology and Extension
SEC. 211. MANUFACTURING AMENDMENTS TO THE STEVEN-
SON-WYDLER 
TECHNOLOGY 
INNOVATION
ACT.
(a) AMENDMENTS.—The Stevenson-Wydler Technology
Innovation Act of 1980 (15 U.S.C. 3701 et seq.), as amend-
ed by section 213 of this Act, is further amended by adding
after section 101 (as so redesignated by section 213 of this
Act) the following new sections:
‘‘SEC. 102. MANUFACTURING TECHNOLOGY.
‘‘(a) 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 manufacturers in
the United States and labor to ensure that within 10
years of the date of enactment of the National Com-
petitiveness Act of 1994 the United States is second
to no other nation in the development, deployment,
and use of advanced manufacturing technologies;
HR 820 EAS
‘‘(2) all the major Federal research and develop-
ment agencies shall place a high priority on the devel-
opment and deployment of skill-based and advanced
manufacturing technologies, and shall work closely
with manufacturers in the United States and labor
and with the Nation’s universities to develop and test
those technologies; and
‘‘(3) since the development of new skills in the
existing and entry workforce, and the development of
new organizational and managerial approaches, are
integral parts of successfully deploying advanced
manufacturing technologies and related technologies,
advanced workplace practices should be developed and
deployed simultaneously and in a coordinated fashion
with the development and deployment of advanced
manufacturing technologies.
‘‘(b) ROLE OF THE DEPARTMENT OF COMMERCE.—
The Department of Commerce, consistent with the policy
declared in subsection (a), shall have primary responsibil-
ity in the Federal Government for commercial and indus-
trial civilian technology and shall—
‘‘(1) through the activities of the Technology Ad-
ministration, the Institute’s laboratories, and the Ad-
vanced Technology Program created under section 28
of the National Institute of Standards and Technology
HR 820 EAS
Act (15 U.S.C. 278n), work with manufacturers in
the United States and labor and, as appropriate, with
other Federal departments and agencies to help de-
velop new generic advanced manufacturing tech-
nologies, including technologies which build upon and
enhance employee skills and technologies which facili-
tate flexibility, agility, and electronic integration in
manufacturing enterprises;
‘‘(2) through the Manufacturing Extension Part-
nership established under section 24 of the National
Institute of Standards and Technology Act and
through other activities of the Department, assist the
States and the private sector to help manufacturers in
the United States, especially small and medium-sized
manufacturing enterprises, to adopt modern tech-
nologies and advanced workplace practices and, as
appropriate, advanced manufacturing technologies
and equipment;
‘‘(3) work with the private sector, other Federal
departments and agencies, State and local govern-
ments, and educational institutions to—
‘‘(A) help develop advanced workplace prac-
tices, 
improved 
supplier-customer 
relations,
manufacturing modernization and investment
justification strategies, and other steps which
HR 820 EAS
would accelerate the development, deployment,
and use of advanced manufacturing technologies
by United States companies; and
‘‘(B) evaluate foreign programs to modern-
ize manufacturing;
‘‘(4) have primary responsibility in the Federal
Government in working with industry and labor and
the States to develop advanced manufacturing tech-
nologies and to promote and assist the adoption and
use of modern technologies, advanced manufacturing
technologies, and management techniques throughout
the United States; and
‘‘(5) through the Under Secretary, develop meas-
urements and coordinate with appropriate Federal
agencies to ensure that Federal research and develop-
ment expenditures are linked to the economic needs of
industry and the promotion of economic growth.
‘‘SEC. 103. MANUFACTURING ADVISORY COMMITTEE.
‘‘(a) ESTABLISHMENT.—Subject to subsection (d), the
Secretary shall establish a Manufacturing Advisory Com-
mittee (in this section referred to as the ‘Committee’), which
shall be chaired by the Secretary and which shall provide
advice to the Secretary and, as appropriate, to other Fed-
eral officials.
‘‘(b) FUNCTIONS.—The Committee shall—
HR 820 EAS
‘‘(1) collect and analyze information on the
range of factors which determine the success of United
States-based manufacturing industries, and particu-
larly factors regarding the development of advanced
manufacturing technologies, the deployment of mod-
ern technologies, and the application of advanced
workplace practices;
‘‘(2) identify areas where appropriate coopera-
tion between the Federal Government and industry
and labor, including Government support for indus-
try-led joint research and development ventures and
for manufacturing extension activities, would enhance
United States industrial competitiveness, and provide
advice and guidance for such cooperative efforts;
‘‘(3) provide guidance on what Federal policies
and practices are necessary to strengthen United
States-based manufacturing, particularly Federal
policies and practices regarding research budgets,
interagency coordination and initiatives, and tech-
nology transfer; and
‘‘(4) generally develop recommendations for guid-
ing Federal agency and interagency activities related
to United States-based manufacturing.
‘‘(c) MEMBERSHIP AND PROCEDURES.—(1) The Com-
mittee shall be composed of 16 members, of whom—
HR 820 EAS
‘‘(A) 6 members shall be the Secretary, the Direc-
tor of the Office of Science and Technology Policy, the
Secretary of Defense, the Secretary of Energy, the
Secretary of Labor, and the Director of the National
Science Foundation, or their designees; and
‘‘(B) 10 members shall, within 120 days after the
date of enactment of the National Competitiveness Act
of 1994, be appointed by the Secretary from the pri-
vate manufacturing industry, worker organizations,
technical and professional societies, State technology
agencies, and academia.
At least two of the members appointed under subparagraph
(B) shall be from small business.
‘‘(2) The Secretary shall call the first meeting of the
Committee within 30 days after the appointment of mem-
bers is completed.
‘‘(3) The Committee may use such personnel detailed
from Federal agencies as may be necessary to enable it to
perform its functions.
‘‘(4) Nine members of the Committee shall constitute
a quorum for the transaction of business.
‘‘(5) Members of the Committee, other than full-time
employees of the Federal Government, while attending meet-
ings of the Committee or otherwise performing duties of the
Committee while away from their homes or regular places
HR 820 EAS
of business, shall be allowed travel expenses in accordance
with subchapter I of chapter 57 of title 5, United States
Code.
‘‘(6) The Committee, as appropriate, shall work with
the Department of Commerce Technology Advisory Board
and with other appropriate Federal advisory mechanisms
to ensure integrated Federal-private consideration of tech-
nology and manufacturing policies and programs.
‘‘(d) SECRETARIAL
DISCRETION.—Notwithstanding
any other provision of this section, the Secretary shall have
the discretion to decide whether to establish the Committee
or create a more cost-effective way to achieve the goal of
closer cooperation with industry. If the Secretary exercises
such discretion and establishes an alternative mechanism,
the Under Secretary shall make an effort to ensure the par-
ticipation of socially and economically disadvantaged indi-
viduals (within the meaning of section 8(a) (5) and (6) of
the Small Business Act, and including women) in the alter-
native mechanism.’’.
(b) ADDITIONAL DEFINITIONS.—Section 4 of the Ste-
venson-Wydler Technology Innovation Act of 1980 (15
U.S.C. 3703) is amended by adding at the end the following
new paragraphs:
‘‘(14) 
‘Advanced 
manufacturing 
technology’
means—
HR 820 EAS
‘‘(A) numerically-controlled machine tools,
robots, automated process control equipment,
computerized flexible manufacturing systems, as-
sociated computer software, and other technology
for improving manufacturing and industrial
production of goods, including biotechnology
products, which advance the state-of-the-art; or
‘‘(B) novel manufacturing techniques and
processes not previously generally available that
improve manufacturing quality, productivity,
and practices, including engineering design,
quality assurance, concurrent engineering, con-
tinuous process production technology, inventory
management, upgraded worker skills, commu-
nications with customers and suppliers, and pro-
motion of sustainable economic growth.
‘‘(15) ‘Modern technology’ means the best avail-
able proven technology, techniques, and processes ap-
propriate to enhancing the productivity of manufac-
turers or to promoting sustainable economic growth.
‘‘(16) ‘Advanced workplace practices’ means in-
novations in work organization and performance, in-
cluding high-performance workplace systems, flexible
production techniques, quality programs, continuous
improvement, concurrent engineering, close relations
HR 820 EAS
between suppliers and customers, widely diffused deci-
sion-making and work teams, and effective integra-
tion of production technology, worker skills and train-
ing, and workplace organization.
‘‘(17) ‘Sustainable economic growth’ means eco-
nomic growth that enhances the national quality of
life and preserves environmental integrity.’’.
SEC. 212. MANUFACTURING AMENDMENTS TO THE NA-
TIONAL 
INSTITUTE 
OF 
STANDARDS 
AND
TECHNOLOGY ACT.
(a) NATIONAL QUALITY LABORATORY; MANUFACTUR-
ING EXTENSION PARTNERSHIP.—The National Institute of
Standards and Technology Act (15 U.S.C. 271 et seq.) is
amended—
(1) by redesignating sections 29 through 31 as
sections 31 through 33, respectively;
(2) by redesignating sections 23 and 24 as sec-
tions 29 and 30, respectively; and
(3) by inserting after section 22 the following
new sections:
‘‘NATIONAL QUALITY LABORATORY
‘‘SEC. 23. A National Quality Laboratory is estab-
lished within the Institute, the purpose of which is to per-
form research and outreach activities to assist private sector
quality efforts and to serve as a mechanism by which com-
panies in the United States, universities and other inter-