104
(B) committed or engaged in any act,
omission, or practice which constitutes a sub-
stantial breach of his fiduciary duty as such di-
rector or officer,
and that such violation or such breach of fiduciary
duty is one involving personal dishonesty on the part
of such director or officer; or
(2) has been convicted of a felony involving dis-
honesty or breach of trust.
(b) HEARING.—A hearing under this section shall be
on the record and shall be held in the Federal judicial dis-
trict or in the territory in which the principal office of
the licensee is located unless the party afforded the hear-
ing consents to another place. A hearing under this section
shall be fixed for a date not earlier than 30 days nor later
than 60 days after the date of service of such notice, un-
less an earlier or a later date is set by the Secretary at
the request of (1) such director or officer and for good
cause shown, or (2) the Attorney General of the United
States. Unless such director or officer shall appear at the
hearing in person or by a duly authorized representative,
he shall be deemed to have consented to the issuance of
an order of such removal.
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SEC. 359. VIOLATIONS.
(a) PARTICIPATION.—Whenever a licensee commits a
violation of this subtitle, or any rule, regulation, or order
issued under this subtitle, such violation shall be deemed
to be also a violation on the part of any person who, di-
rectly or indirectly, authorizes, orders, participates in, or
causes, brings about, counsels, aids, or abets in the com-
mission of such violation.
(b) BREACH OF FIDUCIARY DUTY.—It shall be a vio-
lation of this subtitle for any officer, director, employee,
agent, or other participant in the management or conduct
of the affairs of a licensee to engage in any act or practice,
or to omit any act, in breach of his fiduciary duty as such
officer, director, employee, agent, or participant, if, as a
result thereof, the licensee has suffered or is in imminent
danger of suffering financial loss or other damage.
(c) DISQUALIFICATION.—Except with the written
consent of the Secretary, it shall be a violation of this sub-
title for any person to take office, or to continue to serve,
as an officer, director, or employee of a licensee, or to be-
come or continue to serve as an agent or participant in
the conduct of the affairs or management of a licensee,
if such person—
(1) has been convicted of a felony, or any other
criminal offense involving dishonesty or breach of
trust; or
106
(2) has been found civilly liable in damages, or
has been permanently or temporarily enjoined by an
order, judgment, or decree of a court of competent
jurisdiction, by reason of any act or practice involv-
ing fraud or breach of trust.
SEC. 360. CIVIL PENALTIES.
Any person who is found by the Secretary, after no-
tice and opportunity to be heard on the record in accord-
ance with section 554 of title 5, United States Code, to
have committed a violation of this subtitle or any rule,
regulation, or order issued under this subtitle shall be lia-
ble to the United States for a civil penalty of not more
than $1,000 for each violation. Each day of a continuing
violation shall constitute a separate violation. The amount
of such civil penalty shall be assessed by the Secretary
by written notice. The Secretary may compromise, modify,
or remit, with or without conditions, any civil penalty
which is subject to imposition or which has been imposed
under this section.
SEC. 361. ANTITRUST SAVINGS CLAUSE.
This subtitle shall not be construed to modify, impair,
or supersede the operation of the antitrust laws. For pur-
poses of this section, the term ‘‘antitrust laws’’ has the
meaning given it in subsection (a) of the first section of
the Clayton Act (15 U.S.C. 12(a)), except that such term
107
includes the Act of June 19, 1936 (49 Stat. 1526; 15
U.S.C. 13 et seq.), commonly known as the Robinson Pat-
man Act, and section 5 of the Federal Trade Commission
Act (15 U.S.C. 45) to the extent that such section 5 ap-
plies to unfair methods of competition.
TITLE IV—MISCELLANEOUS
SEC. 401. DEPARTMENT OF COMMERCE TECHNOLOGY AD-
VISORY BOARD.
(a) ESTABLISHMENT.—There is established a De-
partment of Commerce Technology Advisory Board (in
this section referred to as the ‘‘Advisory Board’’) to assist
the Technology Administration in the performance of its
functions.
(b) COMPOSITION.—The Advisory Board shall be
composed of at least 17 members, appointed by the Under
Secretary from among individuals who, because of their
experience and accomplishments are exceptionally quali-
fied to provide advice to the Under Secretary on the plans,
programs, and policy of the Technology Administration.
The Under Secretary shall make an effort to ensure the
appointment of socially and economically disadvantaged
individuals (within the meaning of section 8(a) (5) and
(6) of the Small Business Act, and including women) to
the Advisory Board. The Under Secretary shall designate
108
1 member to chair the Advisory Board. Membership of
the Advisory Board shall include representatives of—
(1) United States small businesses;
(2) other United States manufacturers;
(3) research universities and independent re-
search institutes;
(4) State and local government agencies in-
volved in technology extension;
(5) national laboratories;
(6) industrial, worker, and professional organi-
zations;
(7) financial organizations; and
(8) computing and communications equipment
and services providers.
(c) DUTIES.—The duties of the Advisory Board shall
include advising the Secretary, the Under Secretary, and
the Director regarding—
(1) the development of policies and options for
implementation that the Advisory Board considers
essential to technology creation, development, and
adoption, including policies that would benefit small
businesses;
(2) the development and rapid application of
critical and other advanced technologies, including
advanced manufacturing technologies;
109
(3) the development of computer and commu-
nications support services for advanced manufactur-
ing; and
(4) the planning, execution, and evaluation of
programs under the authority of the Technology Ad-
ministration.
(d) MEETINGS.—(1) The chairman shall call the first
meeting of the Advisory Board not later than 90 days
after the date of enactment of this Act.
(2) The Advisory Board shall meet at least once every
6 months, and at the call of the Under Secretary.
(e) TRAVEL EXPENSES.—Members of the Advisory
Board, other than full-time employees of the United
States, shall be allowed travel expenses in accordance with
subchapter I of chapter 57 of title 5, United States Code,
while engaged in the business of the Advisory Board.
(f) CONSULTATION.—In carrying out this section, the
Under Secretary shall consult with other agencies, as ap-
propriate.
(g) TERMINATION.—Section 14 of the Federal Advi-
sory Committee Act shall not apply to the Advisory Board.
(h) SECRETARIAL
DISCRETION.—Notwithstanding
any other provision of this section, the Secretary shall
have the discretion to decide whether to establish the Advi-
sory Board or create a more cost-effective way to achieve
110
the goal of closer cooperation with industry. If the Sec-
retary exercises such discretion and establishes an alter-
native mechanism, the Under Secretary shall make an ef-
fort to ensure the participation of socially and economi-
cally disadvantaged individuals (within the meaning of sec-
tion 8(a)(5) and (6) of the Small Business Act, and in-
cluding women) in the alternative mechanism.
SEC. 402. INTERNATIONAL STANDARDIZATION.
(a) FINDINGS.—The Congress finds that—
(1) private sector consensus standards are es-
sential to the timely development of competitive
products;
(2) Federal Government contribution of re-
sources and more active participation in the vol-
untary standards process in the United States can
increase the quality of United States standards, in-
crease their compatibility with the standards of
other countries, and ease access of products manu-
factured by United States manufacturers to foreign
markets; and
(3) the Federal Government, working in co-
operation with private sector organizations including
trade associations, engineering societies, and tech-
nical bodies, can effectively promote United States
Government use of United States consensus stand-
111
ards and, where appropriate, the adoption and
United States Government use of international
standards.
(b) STANDARD PILOT PROGRAM.—Section 104(e) of
the American Technology Preeminence Act of 1991 is
amended—
(1) by inserting ‘‘(1)’’ before ‘‘Pursuant to
the’’;
(2) by striking ‘‘matching funds’’ and inserting
in lieu thereof ‘‘financial contributions deemed ap-
propriate by the Secretary’’; and
(3) by adding at the end the following new
paragraph:
‘‘(2) As necessary and appropriate, the Institute shall
expand the program established under section 112 of the
National Institute of Standards and Technology Author-
ization Act for Fiscal Year 1989 (15 U.S.C. 272 note)
by extending the existing program to include other coun-
tries that request assistance with standards-related activi-
ties from official representatives of the United States Gov-
ernment. The Institute may enter into additional contracts
with non-Federal organizations representing United
States companies, as such term is defined in section
28(d)(9)(B) of the National Institute of Standards and
Technology Act (15 U.S.C. 278n(d)(9)(B)) or with United
112
States-based professional societies who participate in the
development of standards. Such contracts shall require
cost sharing between Federal and non-Federal sources for
such purposes. In awarding such contracts, the Institute
shall seek to promote and support the dissemination of
United States technical standards to additional foreign
countries and shall seek, as the Director deems appro-
priate, to promote the adoption of international standards
supported by United States industry, and shall seek to as-
sist private sector professional societies which participate
in the development of standards in expediting the develop-
ment of domestic standards which enable the introduction
of technologies, products, or technology-based services
which are being delayed due to the lack of available stand-
ards. The Institute and such contractors shall, in carrying
out the preceding sentence, cooperate with governmental
bodies, private organizations including standards setting
organizations and industry, and multinational institutions
that promote economic development. The organizations re-
ceiving such contracts may establish training programs to
bring to the United States foreign standards experts for
the purpose of receiving in-depth training in the United
States standards system.’’.
113
(c) REPORT ON STANDARDS.—(1) Section 508(a) of
the American Technology Preeminence Act of 1991 (15
U.S.C. 3701 note) is amended—
(A) by inserting ‘‘standards development and
international’’ after ‘‘a thorough review of inter-
national’’;
(B) by redesignating paragraphs (1) through
(5) as paragraphs (2) through (6), respectively; and
(C) by inserting before paragraph (2), as so re-
designated by subparagraph (B) of this paragraph,
the following new paragraph:
‘‘(1) Current and potential future roles of the
Federal Government in the development and promul-
gation of domestic and global product and process
standards.’’.
(2) The Secretary, in consultation with the Institute
and the Department of Commerce Technology Advisory
Board established under section 401 of this Act and with,
as appropriate, the active participation of the private sec-
tor, shall submit to the Congress a report describing the
appropriate roles of the Department of Commerce in aid
to United States companies in achieving conformity as-
sessment and accreditation and otherwise qualifying their
products in foreign markets, through the development and
promulgation of domestic and global product and quality
114
standards, and through the implementation of conformity
assessment and accreditation procedures based upon such
standards, including a discussion of the extent to which
each of the policy options provided in the March 1992 Of-
fice of Technology Assessment report, entitled ‘‘Global
Standards’’, contributes to meeting the goals of—
(A) increasing the international adoption of
standards beneficial to United States industries; and
(B) improving the coordination of United States
representation to international standards setting
bodies.
(3) The report shall also describe emerging product
and market areas which can be assisted by shortening the
time required for the development of standards and make
recommendations on contributions the Department of
Commerce can make to improving the timeliness of stand-
ards development.
SEC. 403. MALCOLM BALDRIGE AWARD AMENDMENTS.
(a) Section 108(c)(3) of the Stevenson-Wydler Tech-
nology Innovation Act of 1980, as so redesignated by sec-
tion 206(b)(3) of this Act, is amended to read as follows:
‘‘(3) No award shall be made within any category or
subcategory if there are no qualifying enterprises in that
category or subcategory.’’.
115
(b)(1) Section 108(c)(1) of the Stevenson-Wydler
Technology Innovation Act of 1980, as so redesignated by
section 206(b)(3) of this Act, is amended by adding at
the end the following new subparagraph:
‘‘(D) Educational institutions.’’.
(2)(A) Within 1 year after the date of enactment of
this Act, the Secretary shall submit to the Congress a re-
port containing—
(i) criteria for qualification for a Malcolm
Baldrige National Quality Award by various classes
of educational institutions;
(ii) criteria for the evaluation of applications for
such awards under section 108(d)(1) of the Steven-
son-Wydler Technology Innovation Act of 1980, as
so redesignated by section 206(b)(3) of this Act; and
(iii) a plan for funding awards described in
clause (i).
(B) In preparing the report required under subpara-
graph (A), the Secretary shall consult with the National
Science Foundation and other public and private entities
with appropriate expertise, and shall provide for public no-
tice and comment.
(C) The Secretary shall not accept applications for
awards described in subparagraph (A)(i) until after the
116
report required under subparagraph (A) is submitted to
the Congress.
SEC. 404. COOPERATIVE RESEARCH AND DEVELOPMENT
AGREEMENTS.
Section 202 of the Stevenson-Wydler Technology In-
novation Act of 1980 (15 U.S.C. 3710a), as redesignated
by section 206(b)(5) of this Act, is amended—
(1) in subsection (d)(1), by inserting ‘‘(includ-
ing both real and personal property)’’ after ‘‘or
other resources’’ both places it appears; and
(2) in subsection (d)(2)(A), by inserting ‘‘in-
cluding Federal test and evaluation facilities,’’ after
‘‘by a Federal agency,’’.
SEC. 405. COMPETITIVENESS ASSESSMENTS AND EVALUA-
TIONS.
Section 101(e) of the Stevenson-Wydler Technology
Innovation Act of 1980, as so redesignated by section
206(b)(2) of this Act, is amended to read as follows:
‘‘(e) COMPETITIVENESS ASSESSMENTS AND EVALUA-
TIONS.—(1) The Secretary, through the Under Secretary,
shall—
‘‘(A) provide for the conduct of research and
analyses to advance knowledge of the ways in which
the economic competitiveness of United States com-
panies can be enhanced through Federal programs
117
established under the National Competitiveness Act
of 1993 or the amendments made by that Act; and
‘‘(B) as appropriate, provide for evaluations of
Federal technology programs established or ex-
panded under the National Competitiveness Act of
1993 or the amendments made by that Act in order
to judge their effectiveness and make recommenda-
tions to improve their contribution to United States
competitiveness.
‘‘(2) All executive departments and agencies shall as-
sist the Secretary in carrying out this section as appro-
priate.
‘‘(3) Nothing in this section shall authorize the re-
lease of information to, or the use of information by, the
Secretary or Under Secretary in a manner inconsistent
with law or any procedure established pursuant thereto.
‘‘(4) The head of any Federal agency may detail such
personnel and may provide such services, with or without
reimbursement, as the Secretary may request to assist in
carrying out the activities required under this section.’’.
SEC. 406. STUDY OF SEMICONDUCTOR LITHOGRAPHY
TECHNOLOGIES.
Within 9 months after the date of enactment of this
Act, the Critical Technologies Institute (in this section re-
ferred to as the ‘‘Institute’’) established under section 822
118
of the National Defense Authorization Act for Fiscal Year
1991 shall, after consultation with the private sector and
appropriate officials from other Federal agencies, submit
to Congress a report on advanced lithography technologies
for the production of semiconductor devices. The report
shall include the Institute’s evaluation of the likely tech-
nical and economic advantages and disadvantages of each
such technology, an analysis of current private and Gov-
ernment research to develop each such technology, and
any recommendations the Institute may have regarding
future Federal support for research and development in
advanced lithography.
SEC. 407. AMERICAN WORKFORCE QUALITY PARTNER-
SHIPS.
(a) AMENDMENT.—Title III of the Stevenson-Wydler
Technology Innovation Act of 1980, as added by title II
of this Act, is further amended by adding at the end the
following new section:
‘‘SEC. 305. AMERICAN WORKFORCE QUALITY PARTNER-
SHIPS.
‘‘(a) PROGRAM AUTHORIZED.—The Secretary may
make grants to establish and operate American workforce
quality partnership programs in accordance with the pro-
visions of this section. The Secretary shall award grants
on a competitive basis to pay the Federal share for Amer-
119
ican workforce quality partnership programs to establish
workforce training consortia between industry and institu-
tions of higher education.
‘‘(b) GRANT PERIOD.—Grants awarded under this
section may be for a period of 5 years.
‘‘(c) GENERAL AUTHORITY.—Each grant recipient
shall use amounts provided under the grant to develop and
operate an American workforce quality partnership pro-
gram.
‘‘(d) 
CONTENTS
OF
PROGRAM.—An 
American
workforce quality partnership program shall establish
partnerships among—
‘‘(1) one or more United States manufacturers;
‘‘(2) an organization or organizations represent-
ing the nonmanagerial employees of the manufactur-
ers described in paragraph (1); and
‘‘(3) a local community technical college or
other appropriate institutions of higher education, a
vocational training institution, a Regional Center for
the Transfer of Manufacturing Technology, a Manu-
facturing Outreach Center, or any similar entity or
consortium of such institutions,
to train the employees of the industrial partners through
both workplace-based and classroom-based programs of
training.
120
‘‘(e) FEDERAL SHARE.—The Federal share of the
cost of an American workforce quality partnership pro-
gram may not exceed 50 percent of the total cost of the
program. The non-Federal share of such costs may be pro-
vided in-cash or in-kind, fairly valued. The total contribu-
tion of the proposed partnership should reflect a substan-
tial contribution on the part of the industrial partners and
appropriate contributions of the education partners, local
or State governments, and other appropriate entities.
‘‘(f) APPLICATIONS.—
‘‘(1) ELIGIBILITY.—Any consortium described
in subsection (d) may apply for a grant under this
section at such time and in such manner as the Sec-
retary shall prescribe.
‘‘(2) PLAN.—Each application submitted under
this subsection shall contain a plan for the develop-
ment and implementation of an American workforce
quality partnership program under this section.
Such plan shall—
‘‘(A) show a demonstrated commitment, on
the part of the industrial partners, to adopt
total quality management strategies or other
plausible strategies to renew its competitive
edge;
121
‘‘(B) demonstrate the need for Federal re-
sources because of the long-term nature and
risk of such an investment, the inability to fi-
nance such ventures because of the high cost of
capitalization, intense competition from foreign
industries, or such other appropriate reasons as
may limit the industrial partners’ ability to
launch programs where worker training and de-
velopment is a substantial component;
‘‘(C) demonstrate long-term benefit for all
partners and the local economy, through an en-
hanced competitive position of the industrial
partners, substantial benefits for regional em-
ployment, and the ability of the education and
labor participants to further their capabilities to
educate and train other nonpartnership-affili-
ated individuals wishing to obtain or upgrade
technical, technological, industrial management
and leadership, or other industrial skills;
‘‘(D) make full, appropriate, and innova-
tive use of industrial and higher education re-
sources and other local resources such as facili-
ties, equipment, personnel exchanges, experts,
or consultants;