I 
108TH CONGRESS 
1ST SESSION H. R. 2908
To establish the position of Under Secretary of Commerce for Manufacturing 
and Technology, require the establishment of a research and implementa-
tion program on manufacturing, and promote manufacturing education. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 25, 2003
Mr. UDALL of Colorado (for himself, Mr. HONDA, Mr. CARDOZA, and Mr. 
EHLERS) introduced the following bill; which was referred to the Com-
mittee on Science 
A BILL 
To establish the position of Under Secretary of Commerce 
for Manufacturing and Technology, require the establish-
ment of a research and implementation program on man-
ufacturing, and promote manufacturing education.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘American Manufac-
turing Works Act of 2003’’.
SEC. 2. MANUFACTURING AND TECHNOLOGY ADMINISTRA-
TION. 
Section 5 of the Stevenson-Wydler Technology Inno-
vation Act of 1980 (15 U.S.C. 3704) is amended to read 
as follows: 
‘‘SEC. 5. MANUFACTURING AND TECHNOLOGY. 
‘‘(a) ESTABLISHMENT.—There is established in the 
Department of Commerce a Manufacturing and Tech-
nology Administration, which shall operate in accordance 
with the provisions, findings, and purposes of this Act. 
The Manufacturing and Technology Administration shall 
include—
‘‘(1) the National Institute of Standards and 
Technology; 
‘‘(2) the National Technical Information Serv-
ice; and 
‘‘(3) a policy analysis office, which shall be 
known as the Office of Manufacturing and Tech-
nology Policy. 
‘‘(b) UNDER SECRETARY AND ASSISTANT SECRE-
TARIES.—The President shall appoint, by and with the ad-
vice and consent of the Senate, to the extent provided for 
in appropriations Acts—
‘‘(1) an Under Secretary of Commerce for Man-
ufacturing and Technology, who shall be com-
pensated at the rate provided for level III of the Ex-
ecutive Schedule in section 5314 of title 5, United 
States Code; 
‘‘(2) an Assistant Secretary of Manufacturing 
who shall serve as a policy analyst for the Under 
Secretary; and 
‘‘(3) an Assistant Secretary of Technology who 
shall serve as a policy analyst for the Under Sec-
retary. 
‘‘(c) DUTIES.—The Secretary, through the Under 
Secretary, as appropriate, shall—
‘‘(1) manage the Manufacturing and Tech-
nology Administration and supervise its agencies, 
programs, and activities; 
‘‘(2) conduct manufacturing and technology pol-
icy analyses to improve United States industrial pro-
ductivity, manufacturing capabilities, and innova-
tion, and cooperate with United States industry to 
improve its productivity, manufacturing capabilities, 
and ability to compete successfully in an inter-
national marketplace; 
‘‘(3) identify manufacturing and technological 
needs, problems, and opportunities within and across 
industrial sectors, that, if addressed, could make sig-
nificant contributions to the economy of the United 
States;
‘‘(4) assess whether the capital, technical, and 
other resources being allocated to domestic indus-
trial sectors which are likely to generate new tech-
nologies are adequate to meet private and social de-
mands for goods and services and to promote pro-
ductivity and economic growth; 
‘‘(5) propose and support studies and policy ex-
periments, in cooperation with other Federal agen-
cies, to determine the effectiveness of measures for 
improving United States manufacturing capabilities 
and productivity; 
‘‘(6) provide that cooperative efforts to stimu-
late industrial competitiveness and innovation be un-
dertaken between the Under Secretary and other of-
ficials in the Department of Commerce responsible 
for such areas as trade and economic assistance; 
‘‘(7) encourage and assist the creation of cen-
ters and other joint initiatives by State or local gov-
ernments, regional organizations, private businesses, 
institutions of higher education, nonprofit organiza-
tions, or Federal laboratories to encourage tech-
nology transfer, to encourage innovation, and to pro-
mote an appropriate climate for investment in tech-
nology-related industries;
‘‘(8) propose and encourage cooperative re-
search involving appropriate Federal entities, State 
or local governments, regional organizations, colleges 
or universities, nonprofit organizations, or private 
industry to promote the common use of resources, to 
improve training programs and curricula, to stimu-
late interest in manufacturing and technology ca-
reers, and to encourage the effective dissemination 
of manufacturing and technology skills within the 
wider community; 
‘‘(9) serve as a focal point for discussions 
among United States companies on topics of interest 
to industry and labor, including discussions regard-
ing manufacturing, competitiveness, and emerging 
technologies; 
‘‘(10) consider government measures with the 
potential of advancing United States technological 
innovation and exploiting innovations of foreign ori-
gin and publish the results of studies and policy ex-
periments; and 
‘‘(11) assist in the implementation of the Metric 
Conversion Act of 1975 (15 U.S.C. 205a et seq.). 
‘‘(d) MANUFACTURING ADVISORY BOARD.—
‘‘(1) ESTABLISHMENT
AND
COMPOSITION.—
There is established a Manufacturing Advisory
Board within the Manufacturing and Technology 
Administration. The Under Secretary or the Assist-
ant Secretary of Manufacturing shall chair the Advi-
sory Board. The Advisory Board shall be composed 
of 14 additional members appointed by the Under 
Secretary as follows: 
‘‘(A) 1 representative each from the Na-
tional Association of Manufacturers, the Na-
tional Coalition for Advanced Manufacturing, 
and the Modernization Forum. 
‘‘(B) 4 members from outside the Federal 
Government who are eminent in the manufac-
turing industry, at least 2 of whom are rep-
resentatives of small and medium-sized compa-
nies in such industries. 
‘‘(C) 4 members from Federal agencies 
who have manufacturing science and technology 
expertise, at least 1 of whom shall be from the 
National Institute of Standards and Tech-
nology. 
‘‘(D) 3 members from labor unions, a ma-
jority of whose members have manufacturing 
jobs. 
‘‘(2) DUTIES.—The duties of the Advisory 
Board shall be—
‘‘(A) to identify manufacturing issues rel-
ative to manufacturing technology and competi-
tiveness; 
‘‘(B) to advise the Under Secretary on 
manufacturing issues, including manufacturing 
activities at the National Institute of Standards 
and Technology, and make recommendations 
for actions by the Federal Government; and 
‘‘(C) to report its finding and rec-
ommendations to the Under Secretary and the 
Director of the Office of Management and 
Budget. 
‘‘(3) TERM OF OFFICE.—The term of office of 
each member of the Advisory Board shall be 4 years, 
except that—
‘‘(A) of the initial members, 3 shall be ap-
pointed for terms of 1 year, 3 shall be ap-
pointed for terms of 2 years, 4 shall be ap-
pointed for terms of 3 years, and 4 shall be ap-
pointed for terms of 4 years; and 
‘‘(B) any member appointed to fill a va-
cancy in the Advisory Board shall serve for the 
remainder of the term for which his predecessor 
was appointed.
‘‘(4) QUORUM.—The Advisory Board shall not 
act in the absence of a quorum, which shall consist 
of 8 members. 
‘‘(5) ALLOWANCE
FOR
TRAVEL
EXPENSES.— 
Members of the Advisory Board, other than full-time 
employees of the Federal Government, while attend-
ing meetings of the Board or while otherwise per-
forming duties at the request of the Chairman while 
away from their home or a regular place of business, 
may be allowed travel expenses in accordance with 
subchapter I of chapter 57 of title 5, United States 
Code. 
‘‘(6) STAFF
SERVICES
AND
UTILIZATION
OF 
FEDERAL PERSONNEL.—To provide the staff serv-
ices necessary to assist the Advisory Board in car-
rying out its functions, the Advisory Board may uti-
lize personnel from the National Institute of Stand-
ards and Technology or any other agency of the 
Federal Government with the consent of the head of 
the agency. 
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Secretary for the 
activities of the Under Secretary—
‘‘(1) $2,000,000 for fiscal year 2004; 
‘‘(2) $2,070,000 for fiscal year 2005;
‘‘(3) $2,140,000 for fiscal year 2006; and 
‘‘(4) $2,220,000 for fiscal year 2007.’’. 
SEC. 3. STUDIES BY NATIONAL ACADEMY OF SCIENCES. 
Section 24 of the National Institute of Standards and 
Technology Act (15 U.S.C. 278j) is amended—
(1) by striking ‘‘The Director may’’ through 
‘‘assist the’’ and inserting ‘‘The Under Secretary of 
Commerce for Manufacturing and Technology and 
the Director may periodically enter into an arrange-
ment with the National Academy of Sciences for ad-
vice and studies to assist the Manufacturing and 
Technology Administration and the’’; and 
(2) in paragraph (2) by inserting ‘‘the Manu-
facturing and Technology Administration and’’ after 
‘‘potential activities of’’. 
SEC. 4. MANUFACTURING RESEARCH AND IMPLEMENTA-
TION; DEVELOPMENT OF NEW MANUFAC-
TURING TECHNOLOGIES. 
(a) NATIONAL
INSTITUTE
OF
STANDARDS
AND 
TECHNOLOGY LABORATORY ACTIVITIES.—There are au-
thorized to be appropriated to the Secretary of Commerce 
for Manufacturing Engineering activities at the Scientific 
and Technical Research and Services Laboratory of the 
National Institute of Standards and Technology—
(1) $60,000,000 for fiscal year 2004, of which 
$30,000,000 shall be for the research and develop-
ment program on manufacturing under section 33 of 
the National Institute of Standards and Technology 
Act; 
(2) $62,100,000 for fiscal year 2005, of which 
$31,050,000 shall be for the research and develop-
ment program on manufacturing under section 33 of 
the National Institute of Standards and Technology 
Act; 
(3) $64,270,000 for fiscal year 2006, of which 
$32,140,000 shall be for the research and develop-
ment program on manufacturing under section 33 of 
the National Institute of Standards and Technology 
Act; and 
(4) $68,850,000 for fiscal year 2007, of which 
$33,260,000 shall be for the research and develop-
ment program on manufacturing under section 33 of 
the National Institute of Standards and Technology 
Act. 
(b) NATIONAL
INSTITUTE
OF
STANDARDS
AND 
TECHNOLOGY
RESEARCH
AND
DEVELOPMENT
PRO-
GRAM.—The National Institute of Standards and Tech-
nology Act is amended—
(1) by redesignating the first section 32 as sec-
tion 34 and moving it to the end of the Act; and 
(2) by inserting before the section moved by 
paragraph (1) the following new section: 
‘‘SEC. 33. RESEARCH AND DEVELOPMENT PROGRAM ON 
MANUFACTURING. 
‘‘(a) ESTABLISHMENT.—The Director shall establish 
a program of assistance to institutions of higher education 
or nonprofit research institutions that enter into partner-
ships with for-profit entities to support, promote, and en-
hance manufacturing research and development. The pro-
gram shall—
‘‘(1) include multidisciplinary research; and 
‘‘(2) include research directed toward address-
ing the needs identified through the Under Secretary 
of Commerce for Manufacturing and Technology, 
the Office of Manufacturing and Technology Policy, 
and the Manufacturing Advisory Board. 
‘‘(b) FELLOWSHIPS.—In order to promote the devel-
opment of a robust research community working at the 
leading edge of manufacturing sciences, the Director shall 
establish a program to award—
‘‘(1) postdoctoral research fellowships to indi-
viduals who are seeking research positions at institu-
tions, including the Institute, engaged in research 
activities related to manufacturing sciences; and 
‘‘(2) senior research fellowships to individuals 
seeking research positions at institutions, including 
the Institute, engaged in research activities related 
to manufacturing sciences. 
To be eligible for an award under this subsection, an indi-
vidual shall submit an application to the Director at such 
time, in such manner, and containing such information as 
the Director may require. Under this subsection, the Di-
rector shall provide stipends for postdoctoral research fel-
lowships at a level consistent with the Institute’s Post 
Doctoral Research Fellowship Program, and senior re-
search fellowships at levels consistent with support for a 
faculty member in a sabbatical position. 
‘‘(c) AWARDS; APPLICATIONS.—The Director is au-
thorized to award grants or cooperative agreements to in-
stitutions of higher education to carry out the program 
established under subsection (a). To be eligible for an 
award under such subsection, an institution shall submit 
an application to the Director at such time, in such man-
ner, and containing such information as the Director may 
require. The application shall include, at minimum, a de-
scription of how the for-profit entities and any other part-
ners will participate in developing and carrying out the 
research agenda of the partnership. 
‘‘(d) PROGRAM OPERATION.—(1) The program es-
tablished under subsection (a) shall be managed by indi-
viduals who have expertise in research related to manufac-
turing technology. The Director shall designate such indi-
viduals program managers. 
‘‘(2) Program managers designated under paragraph 
(1) may be new or existing employees of the Institute or 
individuals on assignment at the Institute under the Inter-
governmental Personnel Act of 1970. 
‘‘(3) Program managers designated under paragraph 
(1) shall be responsible for—
‘‘(A) establishing and publicizing the broad re-
search and development goals for the program; 
‘‘(B) soliciting applications for specific research 
projects to address the goals developed under sub-
paragraph (A); and 
‘‘(C) selecting research projects for support 
under the program from among applications sub-
mitted to the Institute, following consideration of—
‘‘(i) the novelty and scientific and technical 
merit of the proposed projects; 
‘‘(ii) the demonstrated capabilities of the 
individual or individuals submitting the applica-
tions to successfully carry out the proposed re-
search; 
‘‘(iii) the impact the proposed projects will 
have on increasing the number of individuals 
with 
research 
expertise 
in 
manufacturing 
sciences; and 
‘‘(iv) the nature of the participation by for-
profit entities and the extent to which the pro-
posed projects address the concerns of industry. 
‘‘(e) REVIEW
OF PROGRAM.—The Director shall 
enter into an arrangement with the National Academy of 
Sciences for a comprehensive review of the program estab-
lished under subsection (a) during the third year of the 
program. Such review shall include an assessment of the 
quality and utility of the research conducted and the rel-
evance of the research results obtained to the goals of the 
program. The Director shall submit a report to Congress 
on the results of the review under this subsection not later 
than 4 years after the initiation of the program. 
‘‘(f) DEFINITIONS.—For the purposes of this section 
the term ‘institution of higher education’ has the meaning 
given that term in section 101 of the Higher Education 
Act of 1965 (20 U.S.C. 1001).’’.
SEC. 5. ADVANCED TECHNOLOGY PROGRAM. 
(a) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Secretary of Com-
merce for the Advanced Technology Program under sec-
tion 28 of the National Institute of Standards and Tech-
nology Act (15 U.S.C. 278n)—
(1) $219,400,000 for fiscal year 2004, includ-
ing 
$80,700,000 
for 
new 
awards, 
of 
which 
$20,000,000 shall be for a focused competition in 
manufacturing sciences; 
(2) $262,900,000 for fiscal year 2005, includ-
ing 
$80,700,000 
for 
new 
awards, 
of 
which 
$20,000,000 shall be for a focused competition in 
manufacturing sciences; 
(3) $280,900,000 for fiscal year 2006, includ-
ing 
$80,700,000 
for 
new 
awards, 
of 
which 
$20,000,000 shall be for a focused competition in 
manufacturing sciences; and 
(4) $290,400,000 for fiscal year 2007, includ-
ing 
$80,700,000 
for 
new 
awards, 
of 
which 
$20,000,000 shall be for a focused competition in 
manufacturing sciences. 
(b) UNIVERSITY
LEADERSHIP
OF
JOINT
VEN-
TURES.—
(1) JOINT VENTURE AID.—Section 28(b)(1) of 
the National Institute of Standards and Technology
Act (15 U.S.C. 278n(b)(1)) is amended by striking 
‘‘industry-led United States’’ and all that follows 
through ‘‘organizations)’’ and inserting ‘‘joint ven-
tures’’. 
(2) DEFINITION.—Section 28(j)(1) of the Na-
tional Institute of Standards and Technology Act 
(15 U.S.C. 278n(j)(1)) is amended by striking ‘‘two 
or more persons’’ and inserting ‘‘a combination of 
two or more persons (which shall include at least 
two companies, each of which participates substan-
tially in the joint venture, and may include one or 
more institutions of higher education or nonprofit 
organizations)’’. 
(c) INTELLECTUAL
PROPERTY
RIGHTS
OWNER-
SHIP.—Section 28(d)(11) of the National Institute of 
Standards and Technology Act (15 U.S.C. 278n(d)(11)) 
is amended by striking ‘‘(11)(A)’’ and all that follows 
through ‘‘with such intellectual property.’’ and inserting 
the following: 
‘‘(11)(A) Title to any intellectual property de-
veloped by a joint venture from assistance provided 
under this section may vest in any participant in the 
joint venture, as agreed by the members of the joint 
venture, notwithstanding section 202(a) and (b) of 
title 35, United States Code. The United States may
reserve a nonexclusive, nontransferable, irrevocable, 
paid-up license, to have practiced for or on behalf of 
the United States in connection with any such intel-
lectual property, but shall not, in the exercise of 
such license, publicly disclose proprietary informa-
tion related to the license. Title to any such intellec-
tual property shall not be transferred or passed, ex-
cept to a participant in the joint venture, until the 
expiration of the first patent obtained in connection 
with such intellectual property.’’. 
(d) BARRIERS TO PRODUCT DEVELOPMENT.—Sec-
tion 28(d) of the National Institute of Standards and 
Technology Act (15 U.S.C. 278n(d)) is amended by add-
ing at the end the following new paragraph: 
‘‘(12) No contract or award may be made under 
this section for any project unless the project may 
remove a scientific or technological barrier to prod-
uct development.’’. 
(e) PROJECT REVIEW AND EVALUATION.—Section 
28(g) of the National Institute of Standards and Tech-
nology Act (15 U.S.C. 278n(g)) is amended to read as 
follows: 
‘‘(g) INDUSTRY
AND
PEER
REVIEW
OF
PRO-
POSALS.—(1) In order to analyze the need for or the value 
of any proposal made by a joint venture or company re-
questing the Secretary’s assistance under this section, or 
to monitor the progress of any project which receives 
funds under this section, the Secretary, the Under Sec-
retary of Commerce for Manufacturing and Technology, 
and the Director may, notwithstanding any other provision 
of law, meet with such industry and other expert sources, 
without a proprietary or financial interest in proposals 
being evaluated, as they consider useful and appropriate. 
‘‘(2) In order to better assess whether specific innova-
tions to be pursued are being adequately supported by the 
private sector, the Director shall conduct a study of, and 
thereafter monitor, whether the Secretary, the Undersec-
retary of Commerce for Manufacturing and Technology, 
and the Director could benefit from advice and informa-
tion from additional industry and other expert sources, 
without a proprietary or financial interest in proposals 
being evaluated. Not later than one year after the date 
of the enactment of this Act, and biennially thereafter, the 
Director shall transmit to the Congress a report con-
taining the results of the study and monitoring under this 
paragraph.’’.
SEC. 6. SMALL BUSINESS INNOVATION RESEARCH/SMALL 
BUSINESS 
TECHNOLOGY 
TRANSFER 
PRO-
GRAMS. 
Not later than 6 months after the date of enactment 
of this Act, the Under Secretary of Commerce for Manu-
facturing and Technology shall develop and transmit to 
the Congress a plan to maximize the utilization of Federal 
programs such as the Small Business Innovation Research 
Program and the Small Business Technology Transfer 
Program to support manufacturing sciences. Not later 
than 18 months after the date of enactment of this Act, 
the Under Secretary of Commerce for Manufacturing and 
Technology shall transmit to the Congress a report assess-
ing how Federal agencies are implementing the plan and 
including a description of the amount of Small Business 
Innovative Research and Small Business Technology 
Transfer funds supporting the plan. 
SEC. 7. MANUFACTURING TECHNICAL ASSISTANCE. 
(a) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Secretary of Com-
merce for the Manufacturing Extension Partnership pro-
gram under sections 25 and 26 of the National Institute 
of Standards and Technology Act (15 U.S.C. 278k and 
278l)—
(1) $110,000,000 for fiscal year 2004; 
(2) $113,840,000 for fiscal year 2005;
(3) $117,830,000 for fiscal year 2006; and 
(4) $121,960,000 for fiscal year 2007. 
(b) AMENDMENT.—Section 25 of the National Insti-
tute of Standards and Technology Act (15 U.S.C. 278k) 
is amended by adding at the end the following new sub-
section: 
‘‘(e) Not later than January 20 of each year, the Di-
rector shall transmit to the Congress a 3-year pro-
grammatic planning document for the Manufacturing Ex-
tension Partnerships program. This document shall be de-
veloped in consultation with the Modernization Forum.’’. 
SEC. 8. TECHNICAL WORKFORCE EDUCATION AND DEVEL-
OPMENT. 
(a) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Director of the 
National Science Foundation for the Advanced Techno-
logical Education Program established under section 3 of 
the Scientific and Advanced-Technology Act of 1992 (42 
U.S.C. 1862i) and for the Manufacturing Skill Standards 
Council formed as the voluntary partnership for the manu-
facturing occupational cluster under section 504(b) of the 
National Skill Standards Act of 1994 (20 U.S.C. 
5934(b))—
(1) $70,000,000 for fiscal year 2004, of which 
at least $20,000,000 shall be devoted to the edu-
cation of technicians for manufacturing fields, 
$5,000,000 of which shall be used to support the 
work of the Manufacturing Skill Standards Council 
in educating and preparing manufacturing techni-
cians for certification; 
(2) $80,000,000 for fiscal year 2005, of which 
at least $30,000,000 shall be devoted to the edu-
cation of technicians for manufacturing fields, 
$5,000,000 of which shall be used to support the 
work of the Manufacturing Skill Standards Council 
in educating and preparing manufacturing techni-
cians for certification; 
(3) $90,000,000 for fiscal year 2006, of which 
at least $40,000,000 shall be devoted to the edu-
cation of technicians for manufacturing fields, 
$5,000,000 of which shall be used to support the 
work of the Manufacturing Skill Standards Council 
in educating and preparing manufacturing techni-
cians for certification; and 
(4) $100,000,000 for fiscal year 2007, of which 
at least $50,000,000 shall be devoted to the edu-
cation of technicians for manufacturing fields, 
$5,000,000 of which shall be used to support the 
work of the Manufacturing Skill Standards Council
in educating and preparing manufacturing techni-
cians for certification. 
(b) AMENDMENT.—Section 3 of the Scientific and 
Advanced-Technology Act of 1992 (42 U.S.C. 1862i) is 
amended by striking ‘‘advanced-technology fields’’ each 
place it appears and inserting ‘‘manufacturing and ad-
vanced-technology fields’’.
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