103D CONGRESS
1ST SESSION
H. R. 820
AN ACT
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.
Sec. 324. Country qualification notice.
Sec. 325. Recoupment.
Subtitle C—Civilian Technology Loan Program
Sec. 331. Loan and loan guarantee authority.
Sec. 332. Operating plan and effective date.
Sec. 333. Terms and conditions.
Sec. 334. Technical assistance for lenders and borrowers.
Sec. 335. Outreach to economically depressed areas.
Sec. 336. Socially and economically disadvantaged individuals.
Sec. 337. 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. Venture capital for qualified business concerns.
Sec. 350. Operation.
Sec. 351. Regulations; liability.
Sec. 352. Technical assistance for licensees and qualified business concerns.
Sec. 353. Performance measures; Annual report.
Sec. 354. Reports, investigations, and examinations.
Sec. 355. Revocation and suspension of licenses; cease and desist orders.
Sec. 356. Injunctive relief.
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. Competitiveness assessments and evaluations.
Sec. 406. Study of semiconductor lithography technologies.
Sec. 407. American workforce quality partnerships.
Sec. 408. Severability.
Sec. 409. Sunset.
Sec. 410. Use of domestic products.
Sec. 411. National Quality Program.
Sec. 412. Definitions.
Sec. 413. Fastener Quality Act amendments.
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. 506. Prohibitions.
SEC. 102. FINDINGS.
The Congress finds that—
(1) the creation, development, and adoption of
advanced technologies are significant determinants
of sustainable economic growth, productivity im-
provement, 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 must pursue a
comprehensive strategy to ensure 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;
(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; and
(9) programs established under this Act, and
the amendments made by this Act, shall be funded
as a result of shifting the total Federal investment
in research and development to achieve a balance be-
tween support for defense and civilian activities, and
shall not be financed through additional deficit
spending.
SEC. 103. PURPOSES.
The purposes of this Act are to—
(1) promote and facilitate the creation, develop-
ment, and adoption of technologies by United States
companies throughout the Nation that will contrib-
ute significantly to United States competitiveness,
employment, and sustainable economic growth;
(2) improve the competitiveness of United
States manufacturers, particularly small businesses,
by developing a nationwide technology outreach pro-
gram to improve access to information, expertise,
technology, and management practices required to
compete throughout the world;
(3) promote the development and rapid applica-
tion of advanced manufacturing technologies and
processes by United States manufacturers, with em-
phasis on environmentally sound practices and sus-
tainable 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 competitiveness of United
States companies;
(6) enhance and expand the core programs of
the National Institute of Standards and Technology,
including the Advanced Technology Program;
(7) monitor and assess foreign technology capa-
bilities relative to those of the United States in order
to assist United States companies and policymakers
in identifying and responding to competitive oppor-
tunities and challenges; and
(8) facilitate cooperation among Federal agen-
cies with the goal of achieving an integrated national
effort to improve United States competitiveness, em-
ployment, and sustainable growth.
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 ‘‘critical technologies’’ means tech-
nologies identified as critical technologies pursuant
to section 603(d) of the National Science and Tech-
nology 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 ‘‘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;
(6) the term ‘‘Secretary’’ means the Secretary
of Commerce;
(7) the term ‘‘small business’’ means a United
States company that is a small business within the
meaning given such term in the Small Business Act;
(8) 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;
(9) the term ‘‘State’’ means each 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, and any other territory or possession of the
United States;
(10) the term ‘‘United States’’ means the sev-
eral States, the District of Columbia, the Common-
wealth of Puerto Rico, the Virgin Islands, Guam,
American Samoa, the Commonwealth of the North-
ern Mariana Islands, and any other territory or pos-
session of the United States;
(11) the term ‘‘United States company’’ 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;
(12) the term ‘‘United States manufacturer’’
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; and
(13) 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 United States manufactur-
ers can respond 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, along with other Federal
agencies, can continue to play an important role in
assisting United States companies to develop, test,
and adopt modern and advanced manufacturing
technologies and in establishing high-performance
computing technology testbeds to develop, refine,
test, and transfer advanced manufacturing and
networking technologies and associated applications.
‘‘(b) PURPOSE.—It is the purpose of this title to con-
tribute to the competitiveness of the United States by en-
hancing the Department of Commerce’s technology pro-
grams to—
‘‘(1) provide United States manufacturers, es-
pecially small businesses, with ready access to high
quality advice and assistance in the development,
adoption, and improvement of modern manufactur-
ing processes and technology, and in solving their
specific technology-based problems; and
‘‘(2) encourage, facilitate, and support the de-
velopment and adoption of advanced manufacturing
principles and technologies by United States manu-
facturers.
‘‘(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 United States
manufacturers, labor, and the States to ensure that
the United States is second to no other nation in the
development, adoption, and use of modern and ad-
vanced manufacturing technology;
‘‘(2) the Department of Commerce shall work
with all the major Federal research and development
agencies to encourage the development and adoption,
by United States manufacturers, of advanced manu-
facturing technologies, and shall work closely with
United States manufacturers 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