I
103D CONGRESS
2D SESSION
H. R. 4673
To establish a United States Design Council as an advisory committee within
the Department of Commerce to promote understanding of the impor-
tance of design in the development of products and systems, and for
other purposes.
IN THE HOUSE OF REPRESENTATIVES
JUNE 29, 1994
Mr. BROWN of California (for himself, Mr. VALENTINE, Mrs. MORELLA, Mr.
KLEIN, Mr. MCHALE, and Mr. JOHNSON of Georgia) introduced the fol-
lowing bill; which was referred jointly to the Committees on Energy and
Commerce and Science, Space, and Technology
A BILL
To establish a United States Design Council as an advisory
committee within the Department of Commerce to pro-
mote understanding of the importance of design in the
development of products and systems, and for other
purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. FINDINGS AND PURPOSES.
(a) FINDINGS.—The Congress finds the following:
(1) The United States lags behind many of the
other industrialized nations in understanding the re-
lationship 
of 
design 
principles 
to 
the
conceptualization and development of high quality
products and systems and to research and design
methodologies.
(2) Innovative and excellent design is critical to
the successful development, manufacturing, and
marketing of products and systems.
(3) Since 70 percent or more of the costs of
product, process, and system development, manufac-
ture, and use is determined during the initial design
stage, design must be a critical factor from the be-
ginning of product development.
(4) A strong domestic design engineering capa-
bility can reduce costs and enhance competitiveness.
(5) Excellence in design, including integrating
environmental objectives at the beginning of the pro-
duction process, improves the quality of life by creat-
ing useful, safe, and attractive products and systems
and by conserving nonrenewable resources through
the efficient use of materials and the reduction of
the generation of waste.
(6) Information technologies and concurrent en-
gineering processes can aid the concurrent design
process. Information technologies can also provide
links among different industry sectors.
(7) Greater efforts should be made to exhibit
and promote, both domestically and internationally,
well-designed United States products and systems.
(8) The United States, unlike many of its for-
eign economic competitors, lacks a national strategy
to promote and recognize design excellence in its
products and systems.
(9) Excellence in design can be enhanced
through a combination of efforts of the private and
public sectors.
(10) A national design program to promote ex-
cellence in the design of United States products and
systems can enhance the competitiveness of United
States products and systems and expand trade and
economic opportunities for the people of the United
States.
(b) PURPOSES.—It is the purpose of this Act—
(1) to establish a United States Design Council
as an advisory committee within the Department of
Commerce;
(2) to educate United States businesses with re-
spect to the importance of innovation and excellence
in design to competitiveness;
(3) to promote programs of research, develop-
ment, and technology transfer related to promoting
understanding of the principles and processes of de-
sign and design engineering; and
(4) to assist government agencies in developing
and encouraging innovation and excellence in design
in their own facilities and programs and by suppliers
of products and systems.
SEC. 2. DESIGN COUNCIL.
(a) ESTABLISHMENT.—
(1) IN
GENERAL.—There is established a
United States Design Council (hereinafter in this
Act referred to as the ‘‘Council’’) as an advisory
committee within the Department of Commerce to
advise the Secretary of Commerce on matters related
to design. The Council shall be composed of 17
members appointed by the Secretary of Commerce
as follows:
(A) 2 members who are employed as busi-
ness executives in the fields of product develop-
ment, manufacturing, and systems development.
(B) 2 members who are industrial design-
ers.
(C) 4 members who have expertise in infor-
mation technologies, concurrent engineering, or
environmental engineering.
(D) 2 members who are architects.
(E) 2 members who are graphic designers.
(F) 3 members who are employees of Fed-
eral agencies which have a specialized interest
in innovation and excellence in design.
(G) 2 members who are representatives of
labor organizations.
(2) UNDERSTANDING
OF
UNITED
STATES
ECONOMY.—All members of the Council shall be in-
dividuals who have a broad understanding of the
United States economy and the international com-
petitive position of the United States.
(3) RECOMMENDATIONS FOR APPOINTMENTS.—
In making appointments under this Act, the Sec-
retary of Commerce shall consider recommendations
made by appropriate professional and trade associa-
tions, and by any other persons concerned with the
innovative and excellent design of products and
systems.
(4) TERMS.—
(A) IN GENERAL.—Except as provided in
subparagraphs (B) and (C), each member of
the Council shall be appointed for a term of
three years.
(B) ORIGINAL
APPOINTMENTS.—Of the
members originally appointed under this sub-
section, five members shall be appointed for a
term of one year and five members shall be ap-
pointed for a term of two years, as designated
by the Secretary of Commerce at the time of
appointment.
(C) OTHER TERMS.—A member appointed
to fill a vacancy shall serve for the remainder
of the term for which the predecessor of such
member was appointed. A member may serve
after the expiration of the member’s term until
a successor has taken office.
(5) VACANCIES.—A vacancy in the Council
shall not affect the powers of the Council and shall
be filled in the same manner in which the original
appointment was made. No member shall be eligible
for reappointment during the one-year period follow-
ing the expiration of the member’s term unless such
member served on the Council for less than one
year.
(6) CHAIRPERSON.—The Secretary of Com-
merce shall designate one member of the Council as
Chairperson.
(7) VICE
CHAIRPERSON.—The Council shall
elect one of its members to serve as Vice Chair-
person.
(8) PROHIBITION ON COMPENSATION.—
(A) IN GENERAL.—Except as provided in
subparagraph (B), members of the Council shall
serve on the Council without pay.
(B) TRAVEL EXPENSES.—Each member of
the Council shall receive travel expenses, includ-
ing per diem in lieu of subsistence, in accord-
ance with sections 5702 and 5703 of title 5,
United States Code.
(9) MEETINGS.—The Council shall meet not
less than twice a year. The Council shall meet at the
call of the Chairperson or a majority of its members.
(b) ADVICE AND RECOMMENDATIONS.—The Council
shall provide advice and recommendations to the Secretary
of Commerce on the performance by the Secretary of the
following functions:
(1) To support, as appropriate, private-sector
efforts for the development of voluntary standards
for innovation, appropriateness, and excellence in the
design of products and systems.
(2) To provide information to United States
businesses on the use of design in the strategic plan-
ning process and in promoting their competitiveness.
(3) To plan and implement programs which will
educate United States businesses and the public
with respect to the value of innovation and excel-
lence in design and to encourage such businesses to
promote such value in the design and creation of
products and systems.
(4) To consult and, to the extent practicable,
coordinate its activities with each Federal agency
that is concerned with the design of products, proc-
esses, and systems.
(5) To develop a repository of information on
aspects of design in manufacturing and economic de-
velopment, and to make the information available for
use by the public.
(6) To devise and propose mechanisms by which
the design activities of each Federal agency referred
to in this Act is made known to, and coordinated
with, the activities of each other such Federal agen-
cy in a manner that will contribute to the carrying
out of this Act.
(7) To acquaint the public with the possibility
of careers in design.
(8) To encourage educational institutions to
adopt courses in design and in research related to
design, and to include materials related to the ap-
preciation of design in various courses of instruction.
(9) To cooperate, to the extent practicable, with
State and local governments, international organiza-
tions, and private agencies concerned with innova-
tion and excellence in the design of products and
systems.
(c) POWERS.—
(1) IN GENERAL.—The Council may prescribe
such rules as may be necessary to carry out its func-
tions under this Act.
(2) INFORMATION.—The Council may secure di-
rectly from a Federal agency such information as
the Council may require to carry out its functions
under this Act. Upon request of the Chairperson or
Vice Chairperson of the Council, the head of the
Federal agency shall furnish the information to the
Council.
(3) ADVISORY COMMITTEES.—The Council may
appoint advisory committees to assist the Council in
carrying out its functions under this Act. A member
of an advisory committee under this paragraph may
not receive compensation for the member’s service
on the advisory committee.
(4) MAIL.—The Council may use the United
States mails in the same manner and upon the same
conditions as any other Federal agency.
(d) DIRECTOR; STAFF, EXPERTS
AND CONSULT-
ANTS.—
(1) DIRECTOR.—The Council shall have a Di-
rector who shall be appointed by the Secretary of
Commerce and who shall be paid at a rate not to ex-
ceed the rate of basic pay payable for grade 15 of
the General Schedule set forth in title 5, United
States Code.
(2) STAFF.—The Council may appoint and fix
the pay of any staff in addition to the Director that
the Council considers necessary to carry out this
Act.
(3) APPLICABILITY OF CIVIL SERVICE LAWS.—
The staff of the Council shall be appointed subject
to the provisions of title 5, United States Code, and
shall be paid in accordance with the provisions of
chapter 51 and subchapter III of chapter 53 of such
title, relating to classification and General Schedule
pay rates.
(4) EXPERTS
AND
CONSULTANTS.—With the
approval of the Council, the Director may procure
temporary and intermittent services to the same ex-
tent as is authorized by section 3109(b) of title 5,
United States Code.
(5) OTHER ASSISTANCE.—As permitted by law
and as necessary to carry out this Act, the Depart-
ment of Commerce shall provide to the Council any
staff, available information, and other assistance re-
quired by the Council to perform its functions under
this Act.
(e) CONSULTATION AND COORDINATION.—In provid-
ing advice and recommendations to the Secretary of Com-
merce under this Act, the Council may—
(1) consult with, and take into account the in-
terests and views of, representatives of United
States commerce and industry (including small busi-
nesses, science organizations, industrial design orga-
nizations, engineering organizations, and labor orga-
nizations), educational institutions, consumers, other
Federal agencies, State and local governments, na-
tionally recognized organizations that develop and
coordinate standards, and any other persons the
Council considers appropriate;
(2) take into account relevant, ongoing activi-
ties in the private and public sectors to avoid the un-
necessary duplication of such activities;
(3) provide for appropriate procedures pursuant
to which persons may, under the auspices of the
Council, formulate, recommend, or suggest to the
Council specific programs for coordinating innova-
tion and excellence in design in each industry or seg-
ment thereof;
(4) publicize in an appropriate manner pro-
grams and standards proposed under this Act and
provide an opportunity for interested persons to sub-
mit comments on the programs and standards;
(5) consult and cooperate with organizations
and persons in the United States who are working
to gain international recognition for design as a
competitive advantage; and
(6) make recommendations to the Congress and
the Secretary of Commerce with respect to design is-
sues, including—
(A) the impact of design on workers and
on different occupations and industries;
(B) the value to consumers of innovation
and excellence in design;
(C) the impact of design on society and the
economy;
(D) the effects of design on small busi-
nesses;
(E) the impact of design on the inter-
national competitiveness of the United States;
and
(F) the appropriateness of, and methods
for, using procurement by the Federal Govern-
ment as a means to effect innovation and excel-
lence in design.
(f) ANNUAL REPORT.—Each year, the Council shall
submit to the Secretary of Commerce and to the Congress
a report that summarizes the activities of the Council dur-
ing the year preceding the year in which the report is sub-
mitted. The report shall include any recommendations the
Council considers appropriate.
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