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‘‘(E) provide for the establishment of an
advisory board in accordance with subsection
(h);
‘‘(F) include an explanation of the indus-
trial partners’ plans to adopt new competitive
strategies and how the training partnership aids
that effort; and
‘‘(G) include assurances that the eligible
entity will maintain its aggregate expenditures
from all sources for employee training, other
than those provided under this section, at or
above the average level of such expenditures in
the 2 fiscal years preceding submission of an
application for assistance under this section.
‘‘(3) APPROVAL.—
‘‘(A) IN
GENERAL.—The Secretary shall
approve applications based on their potential to
create an effective American workforce quality
partnership program in accordance with this
section.
‘‘(B) CRITERIA.—In reviewing grant appli-
cations, the Secretary shall give significant con-
sideration to the following criteria:
‘‘(i) Saliency of argument for requir-
ing a Federal investment.
123
‘‘(ii) Commitment of partnership to
continue operation after the termination of
Federal funding.
‘‘(iii) The likelihood that the training
will improve the long-term competitiveness
of the industrial partners and contribute
significantly to economic growth.
‘‘(iv) The likelihood that the partner-
ship will benefit the education mission of
the education partners in ways outside of
the scope of the partnership, such as devel-
oping 
the 
capability 
to 
train 
other
nonpartnership-affiliated 
individuals 
in
similar skills.
‘‘(C) 
PRIORITY
CONSIDERATION.—The
Secretary shall give priority consideration to in-
dustries which are threatened by intense foreign
competition important to the long-term national
economic or military security of the United
States and industries which are critical in ena-
bling other United States industries to maintain
a healthy competitive position. In addition, the
Secretary shall give priority to applicants in
areas of high poverty and unemployment.
‘‘(g) USE OF FUNDS.—
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‘‘(1) APPROVED USES.—Federal funds may be
used for—
‘‘(A) the direct costs of workplace-based
and classroom-based training in advanced tech-
nical, technological, and industrial management,
skills, and training for the implementation of
total quality management and technology man-
agement strategies, or other competitiveness
strategies, contained in the applicant’s plan
submitted under subsection (f)(2)(F);
‘‘(B) the purchase or lease of equipment or
other materials for the purpose of instruction to
aid in training;
‘‘(C) the development of in-house curricula
or coursework or other training-related pro-
grams, including the training of teachers and
other eligible participants to utilize such curric-
ula or coursework; and
‘‘(D) reasonable administrative expenses
and other indirect costs of operating the part-
nership which may not exceed 10 percent of the
total cost of the program.
‘‘(2) LIMITATIONS.—Federal funds may not be
used for nontraining related costs of adopting new
competitive strategies including the replacement of
125
manufacturing equipment, product redesign and
manufacturing facility construction costs, or salary
compensation of the partners’ employees. Grants
shall not be made under this section for programs
that will impair any existing program, contract, or
agreement without the written concurrence of the
parties to such program, contract, or agreement.
‘‘(h) ADVISORY BOARD.—
‘‘(1) Each partnership shall establish an advi-
sory board which shall include representation from
each of the following categories:
‘‘(A) Multiple organizational levels of the
industrial partners, that shall include manage-
rial employees.
‘‘(B) The education partners.
‘‘(C) 
Organizations 
representing
nonmanagerial employees.
‘‘(2) The advisory board shall—
‘‘(A) advise the partnership on the general
direction and policy of the partnership including
training, instruction, and other related issues;
‘‘(B) report to the Secretary after the sec-
ond and fourth year of the program, on the
progress and status of the partnership, includ-
ing its strengths, weaknesses, and new direc-
126
tions, the number of individuals served, types of
services provided, and an outline of how the
program can be integrated into the existing
training infrastructure in place in other Federal
agencies and departments; and
‘‘(C) assist in the revision of the plans
(submitted with the application under sub-
section (f)(2)(F)) and include revised plans as
necessary in the reports required under sub-
paragraph (B).’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall take effect on October 1, 1994.
SEC. 408. SEVERABILITY.
If any provision of this Act or the amendments made
by this Act, or the application thereof to any person or
circumstance, is held invalid, the remainder of this Act
and the amendments made by this Act, and the applica-
tion thereof to other persons or circumstances, shall not
be affected thereby.
SEC. 409. SUNSET.
(a) REPORT TO CONGRESS.—Before April 1, 1995,
the Secretary shall submit to the Congress a report that
evaluates the success of the programs established by this
Act, and the amendments made by this Act, in achieving
the purposes of this Act.
127
(b) LIMITATION
ON
APPROPRIATIONS.—Notwith-
standing any other provision of this Act, no funds are au-
thorized to be appropriated for any fiscal year after fiscal
year 1995 for carrying out the programs for which funds
are authorized by this Act, or the amendments made by
this Act.
SEC. 410. USE OF DOMESTIC PRODUCTS.
(a) PROHIBITION AGAINST FRAUDULENT USE OF
‘‘MADE IN AMERICA’’ LABELS.—(1) A person shall not
intentionally affix a label bearing the inscription of ‘‘Made
in America’’, or any inscription with that meaning, to any
product sold in or shipped to the United States, if that
product is not a domestic product.
(2) A person who violates paragraph (1) shall not be
eligible for any contract for a procurement carried out
with amounts authorized under this Act, or under any
amendment made by this Act, including any subcontract
under such a contract pursuant to the debarment, suspen-
sion, and ineligibility procedures in subpart 9.4 of chapter
1 of title 48, Code of Federal Regulations, or any succes-
sor procedures thereto.
(b) COMPLIANCE WITH BUY AMERICAN ACT.—(1)
Except as provided in paragraph (2), the head of each
agency which conducts procurements shall ensure that
such procurements are conducted in compliance with sec-
128
tions 2 through 4 of the Act of March 3, 1933 (41 U.S.C.
10a through 10c, popularly known as the ‘‘Buy American
Act’’).
(2) This subsection shall apply only to procurements
made for which—
(A) amounts are authorized by this Act, or by
any amendment made by this Act, to be made avail-
able; and
(B) solicitations for bids are issued after the
date of enactment of this Act.
(3) The Secretary, before January 1, 1995, shall re-
port to the Congress on procurements covered under this
subsection of products that are not domestic products.
(c) PURCHASE OF AMERICAN MADE EQUIPMENT AND
PRODUCTS.—
(1) SENSE OF CONGRESS.—It is the sense of
Congress that any recipient of a grant under this
Act, or under any amendment made by this Act,
should purchase only American made equipment and
products when expending grant monies.
(2) NOTICE TO RECIPIENTS OF ASSISTANCE.—
In allocating grants under this Act, or under any
amendment made by this Act, the Secretary shall
provide to each recipient a notice describing the
statement made in paragraph (1) by the Congress.
129
(d) DEFINITIONS.—For the purposes of this section,
the term ‘‘domestic product’’ means a product—
(1) that is manufactured or produced in the
United States; and
(2) at least 50 percent of the cost of the arti-
cles, materials, or supplies of which are mined, pro-
duced, or manufactured in the United States.
SEC. 411. NATIONAL QUALITY PROGRAM.
(a) ESTABLISHMENT.—There is established, under
the supervision of the Director, a National Quality Pro-
gram (in this section referred to as the ‘‘Program’’). The
purpose of the Program shall be to enhance the Malcolm
Baldrige National Quality Award, to disseminate informa-
tion, and to promote and take part in educational and re-
search activities regarding ways in which United States
companies and organizations can improve their quality
management practices and productivity.
(b) ACTIVITIES.—As part of the Program, the Direc-
tor is authorized—
(1) to develop industry-led workshops, semi-
nars, and other mechanisms to disseminate broadly
to United States companies and organizations the
best practices available in total quality management,
including the practices and quality improvement
strategies successfully employed by those firms that
130
have won the Malcolm Baldrige National Quality
Award, as well as best practices in lean production
methods, market-driven product improvement, and
customer-supplier relations;
(2) to work with industry leaders and others to
develop both measures of quality and recommenda-
tions concerning what skills employees should have
in order to participate effectively in company quality
programs; and
(3) to explore, with private industry, other Fed-
eral agencies, and State and local government, inno-
vative ways in which 2-year colleges and other edu-
cational institutions can teach quality assurance
techniques and related background skills to indus-
trial workers in both manufacturing and services.
SEC. 412. DEFINITIONS.
Title III of the Stevenson-Wydler Technology Innova-
tion Act of 1980, as added by title II and section 407
of this Act, is further amended by adding at the end the
following new section:
‘‘SEC. 306. DEFINITIONS.
‘‘For purposes of this title and title IV—
‘‘(1) the term ‘State’ means each of the several
States, the District of Columbia, the Commonwealth
of Puerto Rico, the Virgin Islands, Guam, American
131
Samoa, the Commonwealth of the Northern Mariana
Islands, and any other territory or possession of the
United States; and
‘‘(2) 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. 413. FASTENER QUALITY ACT AMENDMENTS.
(a) REFERENCES.—Whenever in this section an
amendment is expressed in terms of an amendment to a
section or other provision, the reference shall be consid-
ered to be made to a section or other provision of the Fas-
tener Quality Act (15 U.S.C. 5401 et seq.).
(b) TECHNICAL AMENDMENTS.—
(1) DEFINITIONS.—Section 3 (15 U.S.C. 5402)
is amended—
(A) in paragraph (8), by striking ‘‘Stand-
ard’’ and inserting in lieu thereof ‘‘Standards’’;
and
(B) in paragraph (14), by striking ‘‘which
defines or describes’’ and all that follows
through ‘‘of any fastener’’.
132
(2) 
INSPECTION
AND
TESTING.—Section
5(b)(1) (15 U.S.C. 5404(b)(1)) is amended by strik-
ing ‘‘section 6; unless’’ and inserting in lieu thereof
‘‘section 6, unless’’.
(3) IMPORTERS AND PRIVATE LABEL DISTRIBU-
TORS.—Section 7(c)(2) (15 U.S.C. 5406(c)(2)) is
amended by inserting ‘‘to the same’’ before ‘‘extent’’.
(c) CLARIFYING AMENDMENTS.—
(1) CHEMICAL TESTS.—(A) Section 5(a)(1)(B)
(15 U.S.C. 5404(a)(1)(B)) is amended by striking
‘‘subsections (b) and (c)’’ and inserting in lieu there-
of ‘‘subsections (b), (c), and (d)’’.
(B) 
Section 
5(a)(2)(A)(i) 
(15 
U.S.C.
5404(a)(2)(A)(i)) is amended by striking ‘‘sub-
sections (b) and (c)’’ and inserting in lieu thereof
‘‘subsections (b), (c), and (d)’’.
(C) Section 5(c)(4) (15 U.S.C. 5404(c)(4)) is
amended by inserting ‘‘except as provided in sub-
section (d),’’ before ‘‘state’’.
(D) Section 5 (15 U.S.C. 5404) is amended by
inserting at the end the following new subsection:
‘‘(d) ALTERNATIVE
PROCEDURE
FOR
CHEMICAL
CHARACTERISTICS.—Notwithstanding the requirements of
subsections (b) and (c), a manufacturer shall be deemed
to have demonstrated, for purposes of subsection (a)(1),