American Technology Preeminence Act of 1991
PL 102-245 (H.R.1989), enacted 02/14/1992

PUBLIC LAW 102-245—FEB. 14, 1992 
106 STAT. 7 
Public Law 102-245 
102d Congress 
An Act 
To authorize appropriations for the National Institute of Standards and Technology 
and the Technology Administration of the Department of Commerce, and for 
other purposes. 
Feb. 14, 1992 
[H.R. 1989] 
Be it enacted by the Senate and House of Representatives 
of 
the United States of America in Congress assembled, 
American 
Technology 
SECTION 1. SHORT TITLE. 
fT'^VJfm*^® 
Act of 1991. 
This Act may be cited as the "American Technology Preeminence 15 USC 3701 
Act of 1991". 
^o*«-
SEC. 2. DEFINITIONS. 
As used in this Act— 
(1) the term "high-resolution information systems" means 
equipment and techniques required to create, store, recover, 
and play back high-resolution images and accompanying sound; 
(2) the term "advanced manufacturing technology" means 
numerically-controlled machine tools, robots, automated process 
control equipment, computerized flexible manufacturing sys-
tems, associated computer software, and other technology for 
improving manufacturing and industrial processes; 
(3) the term "advanced materials" means a field of research 
including the study of composites, ceramics, metals, polymers, 
superconducting materials, materials produced through bio-
technology, and materials production technologies, including 
coated systems, that provide the potential for significant advan-
tages over existing materials; 
(4) the term "Institute" means the National Institute of 
Standards and Technology; 
(5) the term "Secretairy" means the Secretary of Commerce; 
and 
(6) the term "Under Secretary" means the Under Secretary 
of Conunerce for Technology. 
15 USC 3701 
note. 
TITLE I—DEPARTMENT OF COMMERCE RESEARCH AND 
TECHNOLOGY 
SEC. 101. SHORT TITLE. 
This title may be cited 
Authorization Act of 1991". 
as the "Technology Administration 
SEC. 102. STATEMENT OF POLICY. 
Congress finds that in order to help United States industries 
to speed the development of new products and processes so as 
to maintain the economic competitiveness of the Nation, it is nec-
essary to strengthen the programs and activities of the Department 
of Commerce's Technology Administration and National Institute 
of Standards and Technology. 
Technology 
Administration 
Authorization 
Act of 1991. 
15 USC 3701 
note. 
15 u s e 3701 
note. 
106 STAT. 8 
PUBLIC LAW 102-245—FEB. 14,1992 
15 use 3704b-l. 
SEC. 103. TECHNOLOGY ADMINISTRATION. 
(a) FISCAL YEAR 1992.—(1) There are authorized to be appro-
priated to the Secretary, to carry out the activities of the Under 
Secretary and the Assistant Secretary for Technology Policy, 
$10,000,000 for fiscal year 1992, which shall be available for the 
following line items: 
(A) Office of the Under Secretary, $2,000,000. 
(B) Technology Policy, $4,000,000. 
(C) Japanese Technical Literature, $1,500,000. 
(D) Clearinghouse on State and Local Initiatives on Pro-
ductivity, Technology, and Innovation, $1,000,000. 
(E) National Technical Information Service, $1,500,000 to 
carnr out the modernization 
plan 
described 
in 
section 
212(f)(3)(D) of the National Technical Information Act of 1988 
(15 U.S.C. 3704b(f)(3XD)). 
(2) Funds may be transferred among the line items listed in 
paragraph (1), so long as the net funds transferred to or from 
any line item do not exceed 10 percent of the amount authorized 
for that line item in such paragraph and the Committee on Com-
merce, Science, and Transportation of the Senate and the Commit-
tee on Science, Space, £md Technology of the House of Rep-
resentatives are notified in advance of any such transfer. 
(b) FISCAL YEAR 1993.—(1) There are authorized to be appro-
priated to the Secretary, to carry out the activities of the Under 
Secretary and the Assistant Secretary for Technology Policy, 
$10,000,000 for fiscal year 1993, which shall be available for the 
following line items: 
(A) Office of the Under Secretary, $2,000,000. 
nB) Technology Policy, K000,000. 
(C) Japanese Technical Literature, $1,5C)0,(X)0. 
(D) Clearinghouse on State and Local Initiatives on Pro-
ductivity, Technology, and Innovation, $1,(XX),(XX). 
(E) National Technical Information Service, $1,500,000 to 
carry 
out the modernization 
plan 
described 
in 
section 
212(f)(3)(D) of the National Technical Information Act of 1988 
(15 U.S.C. 3704b(f)(3)(D)). 
(2) Funds may be transferred among the line items listed in 
paragraph (1), so long as the net funds transferred to or from 
any line item do not exceed 10 percent of the amoimt authorized 
for that line item in such paragraph £ind the Committee on Com-
merce, Science, and Transportation of the Senate and the Commit-
tee on Science, Space, and Technology of the House of Rep-
resentatives are notified in advance of any such transfer. 
(c) OPERATING COSTS.—Operating costs for the National Technical 
Information Service associated with the acquisition, processing, 
storage, bibliographic control, and archiving of information and 
documents shall be recovered primarily through the collection of 
fees. 
(d) REPORT AND CERTIFICATION TO CONGRESS.—^Within 90 days 
after the date of enactment of this Act, the Secretary shall submit 
to Congress a report which— 
(1) describes the Department of Commerce's response to the 
Inspector General's Report No. ATD-024-0-001; 
(2) includes a revised detailed modernization plan for the 
National Technical Information Service; 
(3) contains a business plan for the National Technical 
Information Service which includes detailed profit and loss 
PUBLIC LAW 102-245—FEB. 14,1992 
106 STAT. 9 
analysis for groups of products and services and for major 
market segments; and 
(4) certifies that the National Technical Information Service 
has— 
(A) employed a chief financial officer who is a certified 
public accountant or equivalently experienced accountant 
with experience in the dissemination of scientific and tech-
nical information; and 
(B) begun taking reasonable steps toward strengthening 
its accounting system in response to the Inspector General's 
report described in paragraph (1). 
(e) TECHNICAL AMENDMENT.—Section 5422(a) of the Omnibus 
Trade and Competitiveness Act of 1988 (15 U.S.C. 4603a(a)) and 
section 273(c)(4) of the National Defense Authorization Act for 
Fiscal Years 1988 and 1989 (15 U.S.C. 4603(cX4)) are each amended 
by striking "Economic Affairs" and inserting in lieu thereof "Tech-
nology". 
SEC. 104. NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY. 
(a) FISCAL YEAR 1992.—(1) There are authorized to be appro-
priated to the Secretary, to carry out the intramural scientific 
and technical research and services activities of the Institute, 
$210,000,000 for fiscal year 1992, which shall be available for 
the following line items: 
(A) Electronics and Electrical Measurements, $33,700,000. 
(B) Manufacturing Engineering, $13,500,000. 
(C) Chemical Science and Technology, $22,000,000. 
(D) Physics, $27,000,000. 
(E) Materials Science and Engineering, $30,000,000. 
(F) Building and Fire Research, $12,300,000. 
g g Computer Systems, $16,000,000. 
(H) Applied 
Mathematics 
and 
Scientific 
Computing, 
$6,500,000. 
(I) Technology Assistance, $11,000,000. 
(J) Research Support Activities, $38,000,000. 
(2)(A) Of the total of the amounts authorized under paragraph 
(1), $2,000,000 are authorized only for steel technology. 
(B) Of the amount authorized under paragraph (l^J)— 
(i) $500,000 are authorized only for the evcduation of non-
energy-related inventions and related technology extension 
activities; 
(ii) $250,000 are authorized only for Institute participation 
in the pilot program established xmder subsection (e); and 
(iii) $2,700,000 are authorized only for the Institute's manage-
ment of the extramural fumding programs authorized under 
section 105. 
(C) Of the total amoimt authorized under paragraph (1XJ)» 
$7,565,000 are authorized only for the technical competence fund. 
(b) FISCAL YEAR 1993.—(1) There are authorized to be appro-
priated to the Secretary, to carry out the intramural scientific 
and technical research and services activities of the Institute, 
$221,200,000 for fiscal year 1993, which shall be available for 
the following line items: 
(A) Electronics and Electrical Measurements, $36,000,000. 
CB) Manufacturing Engineering, $16,000,000. 
(C) Chemical Science and Technology, $22,500,000. 
(D) Physics, $28,700,000. 
106 STAT. 10 
PUBLIC LAW 102-245—FEB. 14, 1992 
(E) Materials Science and Engineering, $39,400,000. 
(F) Building and Fire Research, $12,000,000. 
*' 
(G) Computer Systems, $20,600,000. 
(H) Applied 
Mathematics 
and 
Scientific 
Computing, 
' 
$6,300,000. 
(I) Technology Assistance, $10,800,000. 
(J) Research Support Activities, $25,000,000. 
(K) Pay Raise, $3,900,000. 
(2)(A) Of the total of the amounts authorized under pgiragraph 
(1), $2,000,000 are authorized only for steel technology. 
(B) Of the amount authorized under paragraph (IXI)— 
(i) $500,000 are authorized only for the evaluation of non-
energy-related inventions and related technology extension 
activities; 
(ii) $250,000 are authorized only for Institute participation 
in the pilot program established under subsection (e); eind 
(iii) $5,000,000 £ire authorized only for the Institute's m£inage-
ment of the extramural funding programs authorized under 
section 105. 
(C) Of the total amount authorized under paragraph (1)(J), 
$7,223,000 are authorized only for the techniceJ competence fund. 
(3) In addition to the Eimounts authorized under paragraph (1), 
there are authorized to be appropriated to the Secretary for fiscal 
year 1993 $34,800,000 for the renovation and upgra(Hng of the 
Institute's facilities. 
(c) TRANSFERS.—(1) Funds may be transferred among the line 
items listed in subsection (a)(1) and among the line items listed 
in subsection (b)(1), so long as the net funds transferred to or 
from any line item do not exceed 10 percent of the amount author-
ized for that line item in such subsection and the Committee on 
Commerce, Science, and Trsmsportation of the Senate and the Com-
mittee on Science, Space, and Technology of the House of Rep-
resentatives are notified in advance of any such transfer, 
(2) The Secretary may propose tremsfers to or from any line 
item listed in subsection (a)(1) or subsection (b)(1) exceeding 10 
percent of the amount authorized for such line item, but such 
proposed transfer may not be made unless— 
(A) a full and complete explanation of any such proposed 
transfer and the reason therefor are transmitted in writing 
to the Speaker of the House of Representatives, the Piresident 
of the Senate, £md the appropriate authorizing Committees 
of the House of Representatives and the Senate, and 
(B) 30 calendar days have passed following the transmission 
of such written explanation. 
(d) RELATION TO OTOER AUTHORIZATIONS.—Except for authoriza-
tions provided in the Omnibus Trade and Competitiveness Act 
of 1988 (Public Law 100-418; 102 Stat. 1448), the Earthquake 
Hazards Reduction Act of 1977 (42 U.S.C. 7701 et seq.), and the 
Steel £ind Alimiinum Energy Conservation and Technology Competi-
tiveness Act of 1988 (15 U.S.C. 5101 et seq.), this Act contains 
the complete authorizations of appropriations for the Institute for 
fiscal years 1992 and 1993. This subsection shall not limit the 
authority of the Institute to accept funds appropriated to any other 
Federal agency or to perform work for others. 
Foreijgn 
(e) PiLOT I%OGRAM.—Pursuant to the authorizations contained 
relations. 
jn subsections (a)(l)(I) and (b)(l)(I), the Secretary is authorized 
to pay the Federal share of the cost of establishing and carrying 
PUBLIC LAW 102-245—FEB. 14, 1992 
106 STAT. 11 
out a standards assistance pilot program under section 112 of 
the National Institute of Standards and Technology Authorization 
Act for Fiscal Year 1989 (15 U.S.C. 272 note). The purpose of 
the pilot program is to assist a country or countries that have 
requested assistance from the United States in the development 
of comprehensive industrial standards by providing the continuous 
presence of United States personnel on-site for a period of 2 or 
more years to provide such assistance and by providing, as nec-
essary, additional technical support from within the Institute. Such 
funds shall be made available for such purpose only to the extent 
that matching funds are received by the National Institute of Stand-
ards and Technology from sources outside the Federal Giovemment. 
(f) CONSTRUCTION OF FACIUTIES.—Section 14 of the National 
Institute of Standards and Technology Act (15 U.S.C. 278d) is 
amended by striking "herein:" and edl that follows, and inserting 
in lieu thereof "herein.". 
(g) FIRE AND BUILDING PROGRAMS.—The fire research and build- 15 use 278f 
ing technology programs of the Institute may be combined for "°*®-
a(£ninistrative purposes only, and separate budget accounts for 
fire reseeuxh and building technology shall be msdntained. No later Reports, 
than December 31, 1992, the Secretary, acting through the Director 
of the Institute, shall report to Congress on the results of the 
combination, on efforts to preserve the integrity of the fire research 
and building technology programs, on the long-range basic and 
applied research plans of the two programs, on procedxires for 
receiving advice on fire and earthquake research priorities from 
constituencies concerned with public safety, and on the relation 
between the combined program at the Institute and the United 
States Fire Administration. 
(h) EDUCATIONAL PROGRAMS.—(1) Section 18 of the National 
Institute of Standards and Technology Act (15 U.S.C. 278g-l) is 
amended by striking the period at the end of the first sentence 
and inserting in lieu thereof ", and to United States citizens for 
research and technic£d activities on Institute programs.". 
(2) Section 17 of the National Institute of Standards and Tech-
nology Act (15 U.S.C. 278g) is amended by adding at the end 
the following new subsection: 
"(d) For any scientific and engineering disciplines for which there 
is a shortage of suitably qualified and available United States 
citizens and nationals, the Secretary is authorized to recruit and 
employ in scientific and engineering fields at the Institute foreign 
nationgds who have been lawfully admitted to the United States 
for permement residence under the Inunigration £md Nationality 
Act and who intend to become United States citizens. Emplojmaent 
of a person under this paragraph shall not be subject to the provi-
sions of title 5, United States Code, governing employment in the 
competitive service, or to any prohibition in any other Act against 
the employment of aliens, or against the pajnnent of compensation 
to them.". 
(i) CORE PROGRAM FUNDING.—It is the sense of the Congress 
that the intramurgJ scientific and technical research and services 
activities of the National Institute of Standards and Technology 
should share fully in any funding increases provided to the Institute. 
SEC. 105. EXTRAMURAL PROGRAMS OF THE INSTITUTE. 
(a) FISCAL YEAR 1992.—In addition to any sums otherwise author-
ized under this Act, there are authorized to be appropriated to 
106 STAT. 12 
PUBLIC LAW 102-245—FEB. 14, 1992 
the Secretary, to carry out the extramural industrial technology 
services programs of the Institute created under sections 25, 26, 
and 28 of the National Institute of Standards and Technology 
Act (15 U.S.C. 278k, 2781, and 278n), $127,500,000 for fiscal year 
1992, which shall be available for the following line items: 
(1) Regional Centers for the Transfer of Manufacturing Tech-
nology, $25,000,000. 
(2) State Technology Extension Program, $2,500,000. 
(3) Advanced Technology Program, $100,000,000. 
(b) FISCAL YEAR 1993.—In addition to any sums otherwise author-
ized \inder this Act, there Eire authorized to be appropriated to 
the Secretary, to carry out the extramural industrial technology 
services programs of the Institute created under sections 25, 26, 
and 28 of the National Institute of Standards and Technology 
Act (15 U.S.C. 278k, 2781, and 278n), $127,500,000 for fiscal year 
1993, which shall be available for the following line items: 
(1) Regional Centers for the Transfer of Manufacturing Tech-
nology and Satellite Manufacturing Centers, $25,000,000. 
(2) State Technology Extension Program, $2,500,000. 
(3) Advanced Technology Program, $100,000,000. 
(c) LIMITATION.—No funds are authorized under this section for 
£iny project under the extramural programs of the Institute which 
have not been competitively reviewed through the merit review 
processes required by the National Institute of Standards and Tech-
nology Act (15 U.S.C. 271 et seq.). 
(d) AMENDMENTS TO EXTENSION PROGRAM.—Section 5121(b) of 
the Omnibus Trade and Competitiveness Act of 1988 (15 U.S.C. 
2781 note) is amended by striking psiragraph (5). 
(e) AMENDMENTS TO EXTENSION ACTIVITIES.—(1) Section 25(c)(6) 
of the National Institute of Standards and Technology Act (15 
U.S.C. 278k(c)(6)) is amended by inserting before the period at 
the end the following: "except for contracts for such specific tech-
nology extension or trsinsfer services as may be specified by statute 
or by the Director". 
(2) Section 25(d) of the National Institute of Standards and Tech-
nology Act (15 U.S.C. 278k(d)) is amended to read as follows: 
"(d) In addition to such sums as may be authorized and appro-
priated to the SecretEiry and Director to operate the Centers pro-
gram, the SecretEiry and Director also may accept funds from other 
Federal departments and agencies for the purpose of providing 
Federal funds to support Centers. Any Center which is supported 
with funds which originally came from other Federal departments 
Eind agencies shall be selected and operated according to the provi-
sions of this section.". 
(f) ADVISORY COMMITTEE.—Section 5142(0 of the Omnibus Trade 
and Competitiveness Act of 1988 (15 U.S.C. 4632(f)) is amended 
by striking "and 1990" sind inserting in lieu thereof "1990, 1991, 
1992, and 1993". 
SEC. 106. SALARY ADJUSTMENTS. 
In addition to any sums otherwise authorized by this Act, there 
Eire authorized to be appropriated to the Secretary for fiscEd years 
1992 and 1993 such additional sums as may be necessary to make 
Einy adjustments in salary, pay, retirement Eind other employee 
benefits which may be provided for by law. 
PUBLIC LAW 102-245—FEB. 14, 1992 
106 STAT. 13 
SEC. 107. METRIC AMENDMENT. 
(a) The Fair Packaging and Labeling Act (15 U.S.C. 1451 et 
seq.) is eunended— 
(1) in sections 4(a) (2), (4), and (5), 4(b), and 5(cXl), by 
striking "weight" and inserting in lieu thereof "weight or mass"; 
(2) in sections 4(a)(5) and 5(d), by striking "weights" and 
inserting in lieu thereof "weights or masses"; 
(3) in section 4(a)(2), by inserting ", using the most appro-
priate units of the SI metric system as the primary system 
for measuring quantity" £ifter "panel of that label"; and 
(4) in section 4(a)(3)(A>— 
(A) by striking "containing" and inserting in lieu thereof 
"that also displays the avoirdupois system of meeisure, 
Euid that contains" in clause (i); 
(B) by inserting "that also displays the avoirdupois sys-
tem of measure" after "random package" in clause (ii); 
(C) by inserting "that also displays the avoirdupois sys-
tem of measure" after "linear measure" in clause (iii); and 
(D) by inserting "that also displays the avoirdupois sys-
tem of measure" after "measure of area" in clause (iv). 
(b) This section shall take effect 2 years after the date of enact-
ment of this Act. 
15 use 1453, 
1454. 
SEC. 108. TRANSFER OF 
INFORMATION. 
FEDERAL SCIENTIFIC AND TECHNICAL 
Effective date. 
15 u s e 1453 
note. 
15 use 3704b-2. 
(a) TRANSFER.—^The head of each Federal executive department 
or agency shall transfer in a timely manner to the National Tech-
nical Information Service unclassified scientific, technical, £md 
engineering information which results from federally 
funded 
research emd development activities for dissemination to the private 
sector, academia, State and local governments, and Federal agen-
cies. Only information which woiild otherwise be available for public 
dissemination shall be transferred imder this subsection. Such 
information shall include technicsJ reports and information, com-
puter software, application assessments generated pursuant to sec-
tion 11(c) of the Stevenson-Wydler Technology Innovation Act of 
1980 (15 U.S.C. 3710(c)), and information regarding trgdning tech-
nology and other federally owned or originated technologies. The Regulations. 
Secretary shall issue regulations within one year after the date 
of enactment of this Act outlining procedures for the ongoing trans-
fer of such information to the National Technical Information Serv-
ice. 
(b) ANNUAL REPORT TO CONGRESS.—As part of the annual report 
required under section 212(f)(3) of the National Technical Informa-
tion Act of 1988, the Secretary shall report to Congress on the 
status of efforts under this section to ensure access to Federal 
scientific and technical information by the public. Such report shall 
include— 
(1) an evaluation of the comprehensiveness of transfers of 
information by each Federal executive department or agency 
under subsection (a); 
(2) a description of the use of Federal scientific and technical 
information; 
(3) pleins for improving public access to Federal scientific 
and technical information; and 
(4) recommendations for legislation necesseiry to improve pub-
lic access to Federal scientific and technical information. 
106 STAT. 14 
PUBLIC LAW 102-245—FEB. 14,1992 
Business and 
industry. 
Commerce and 
trade. 
15 use 1536. 
Contracts. 
SEC. 109. AVAILABIUry OF APPROPRIATIONS. 
Appropriations made under the authority provided in this Act 
shall remeiin available for obligation, for expenditure, or for obliga-
tion and expenditure for periods specified in the Acts making such 
appropriations. 
SEC. 
1
1
0
. 
REPORT 
ON 
FACIUnES 
NEEDS. 
By March 1, 1992, the Director of the Institute shall submit 
to the Committee on Commerce, Science, and Transportation of 
the Senate and the Committee on Science, Space, and Technology 
of the House of Representatives a report on what renovations and 
upgrades of Institute facilities are necessary over the next decade, 
llie report shall include a ranking of facilities needs in order 
of priority, an estimate of costs, and the Director's plan for meeting 
these needs. 
SEC. 111. BUY-AMERICAN PROVISIONS. 
(a) RESTRICTIONS ON CONTRACT AWARDS.—NO contract or sub-
contract made with funds authorized under this titie may be 
awarded for the procurement of an article, material, or supply 
produced or manufactured in a foreign coiintry whose government 
unfairly maintains in government prociirement a significant and 
persistent pattern or practice of discrimination against United 
States products or services which results in identifiable harms 
to United States businesses, as identified by the President pursuant 
to subsection (g)(lXA) of section 305 of the Trade Agreements 
Act of 1979 (19 U.S.C. 2515(g)(1)(A)). Any such determination shall 
be made in accordance with such section 305. 
(b) PROHIBITION AGAINST FRAUDULENT USE OF "MADE IN AMER-
ICA" LABELS.—If it has been finally determined by a court or a 
Federal agency that any person intentionally affixed a label bearing 
a "Made in America" inscription, or an inscription with the same 
meaning, to any product sold in or shipped to the United States 
that is not made in the United States, that person shall be ineligible 
to receive any contract or subcontract from the Department of 
Commerce, pursuant to the debarment, suspension, and ineligibility 
procedures in subpart 9.4 of chapter 1 of title 48, Code of Federal 
Regulations. 
(c) BUY-AMERICAN REQUIREMENT.—(1) The Secretary is author-
ized to award to a domestic firm a contract for the purchase of 
goods that, under the use of competitive procedures, would be 
awarded to a foreign firm, if— 
(A) the final product of the domestic firm will be completely 
assembled in the United States; 
(B) when completely assembled, more than 50 percent of 
the final product of the domestic firm will be domestically 
produced; and 
(C) the difference between the bids submitted by the foreign 
and domestic firms is not more than 6 percent. 
(2) This subsection shall not apply to the extent to which— 
(A) in the opinion of the Secretary, after taking into consider-
ation international obligations and trade relations, such 
applicability would not be in the public interest; 
(B) in the opinion of the Secretary, after consultation with 
the Secretary of Defense, compelling national security consider-
ations require otherwise; or 
PUBLIC LAW 102-245—FEB. 14, 1992 
106 STAT. 15 
(C) the President determines that such an award would be 
in violation of the Genercd Agreement on Tariffs and Trade 
or an intemationed agreement to which the United States is 
a party. 
(3) This subsection shall apply only to contracts made for which— 
(A) amounts are authorized by this title to be made available; 
and 
(B) solicitations for bids are issued after the date of enactment 
of this Act. 
(4) The Secretary, before Janu£iry 1, 1993, shall report to the Reports. 
Congress on contracts covered \inder this subsection— 
(A) entered into with foreign firms pursuEint to a determina-
tion made under paragraph (2) of this subsection; and 
(B) awarded to domestic firms pursuant to paragraph (1) 
of this subsection, in fiscal years 1991 and 1992. 
(5) For purposes of this subsection— 
(A) the term "domestic firm" means a business entity that 
is incorporated in the United States and that conducts business 
operations in the United States; and 
(B) the term "foreign firm" means a business entity not 
described in subparagraph (A). 
TITLE II—ADVANCED TECHNOLOGY PROGRAM 
AMENDMENTS 
SEC. 201. EMERGING TECHNOLOGIES RESEARCH AND DEVELOPMENT. 
(a) SHORT TITLE.—This title may be cited as the "Emerging 
Technologies and Advanced Technology Program Amendments Act 
of 1991". 
(b) FINDINGS AND PURPOSES.—(1) The Congress finds that— 
(A) technological innovation and its profitable inclusion in 
commercial products are critical components of the ability of 
the United States to raise the living standards of Americans 
and to compete in world markets; 
(B) maintaining viable United States-based high technology 
industries is vited to both the national security and the economic 
well-being of the United States; 
(C) the Depgirtment of Commerce has reported that the 
United States is losing or losing badly, relative to Japan and 
Europe, in many important emerging technologies and risks 
losing much of the $350,000,000,000 United States market 
and $1,000,000,000,000 world market expected to develop by 
the ye£ir 2000 for products based on emerging technologies; 
(P) it is in the national interest for the Federal Grovemment 
to encourage and, in selected cases, provide limited financial 
assistance to industry-led private sector efforts to increase 
research and development in economically critical areas of tech-
nology; 
(E) joint ventures are a particularly effective and appropriate 
way to pool resources to conduct research that no single com-
p£my is likely to imdertake but which will create new generic 
technologies that will benefit an entire industry and the welfare 
of the Nation; 
(F) it is vital that industry within the United States attedn 
a leadership role and capability in development, design, and 
mfmufacturing in fields such as high-resolution information 
systems, advemced manufacturing, and advanced materials; and 
Emerging 
Technologies 
and Advanced 
Technology 
Program 
Amendments 
Act of 1991. 
Business and 
industry. 
15 u s e 271 note. 
15 u s e 278n 
note. 
106 STAT. 16 
PUBLIC LAW 102-245—FEB. 14,1992 
(G) the Advanced Technology Program, established under 
section 28 of the National Institute of Standards and Tech-
nology Act (15 U.S.C. 278n), is the appropriate vehicle for 
the United States Government to provide limited assistance 
to joint development within the United States of new high 
technology capabilities in fields such as high-resolution informa-
tion 
systems, 
advanced 
manufacturing 
technology, 
and 
advanced materials, and c£ui help encourage United States 
industry to work together on problems of mutual concern. 
(2) The purposes of tms section are— 
(A) to strengthen the Advanced Technology Program created 
under section 28 of the National Institute of Stondards and 
Technology Act (15 U.S.C. 278n), and to provide improved 
guidelines for the allocation of Advanced Technology Program 
funds appropriated under the authorizations contamed in sec-
tion 105 of this Act; 
(B) to promote and assist in the development of advcinced 
technologies £ind the generic application of such technologies 
to civilian products, processes, and services; 
^ 
(C) to improve the competitive position of United States 
industry by supporting indxistry-led research and development 
projects in are£is of emerging technology which have substantial 
potential to advance the economic well-being and national secu-
rity of the United States, such as high-resolution information 
systems, advanced mamifacturing technology, and advanced 
materials; and 
(D) to support projects that range from idea eicploration to 
prototype development and address long-term, high-risk areas 
of technological research, development, and application that 
are not otherwise being adequately developed by the private 
sector, but are likely to jdeld important benefits to the Nation, 
(c) ADVANCED TECHNOLOGY PROGRAM.—(1) Section 28(a) of the 
National Institute of Standards and Technology Act (15 U.S.C. 
278n(a)), is amended by adding at the end the following new sen-
tence: "In operating the Program, the Secretary and Director shall, 
as appropriate, be guided by the findings and recommendations 
of the Biennial National Critical Technology Reports prepared pur-
suant to section 603 of the NationeJ Science and Technology Policy, 
Organization, and Priorities Act of 1976 (42 U.S.C. 6683).". 
(2) Section 28(b)(1) of the National Institute of Standards and 
Technology Act (15 U.S.C. 278n(b)(l)), is amended by inserting 
"industry-led" immediately after "aid". 
(3) Section 28(b)(1)(B) of the National Institute of Standards 
and Technology Act (15 U.S.C. 278n(b)(l)(B)), is amended by insert-
ing "by means of grants, cooperative agreements, or contracts" 
immediately after "such joint ventures". 
(4) Section 28(b)(2) of the National Institute of Standards and 
Technology Act (15 U.S.C. 278n(b)(2)), is amended to read as follows: 
Grants. 
"(2) provide grants to and enter into contracts and cooperative 
Contracts. 
agreements with United States businesses (especially small 
businesses), provided that emphasis is placed on applying the 
Institute's research, research techniques, and expertise to those 
organizations' research programs;". 
(5) Section 28(d)(2) of the National Institute of Standards and 
Technology Act (15 U.S.C. 278n(d)(2)) is amended to read as follows: 
"(2) In the case of joint ventures, the Program shall not 
meike £in award unless the award will facilitate the formation 
PUBLIC LAW 102-245—FEB. 14,1992 
106 STAT. 17 
of a joint venture or the initiation of a new research and 
development project by an existing joint venture.". 
(6) Section 28(d) oi the National Institute of Standards and Tech-
nology Act (15 U.S.C. 278n(d)(7)) is amended— 
(A) by striking paragraph (7); 
(B) by redesignating paragraphs (8) and (9) as paragraphs 
(7) and (8), respectively; and 
(C) by adding at the end the following new paragraphs: 
"(9) A company shall be eligible to receive financial assistance 
under this section only if— 
"(A) the Secretary finds that the company's participation 
in the Program woxild be in the economic interest of the 
United States, as evidenced by investments in the United 
States in research, development, 
and 
manufacturing 
(including, for example, the manufacture of major compo-
nents or subeissemblies in the United States); significant 
contributions to employment in the United States; and 
agreement with respect to any technology arising from 
assistsince provided under this section to promote the man-
ufacture within the United States of products resulting 
from that technology (taking into account the goals of pro-
moting the competitiveness of United States industry), and 
to procure parts and materials from competitive suppliers; 
and 
"(B) either— 
"(i) the company is a United States-owned compsiny; 
or 
"(ii) the Secretary finds that the company is incor-
porated in the United States and hcis a parent company 
which is incorporated in a country which affords to 
United States-owned companies opportunities, com-
parable to those afforded to any other company, to 
pEirticipate in any joint venture similar to those author-
ized \inder this Act; affords to United States-owned 
companies local investment opportunities compEurable 
to those afforded to any other company; and affords 
adequate £ind effective protection for the intellectual 
property rights of United States-owned companies. 
"(10) Greints, contracts, and cooperative assignments under 
this section shall be designed to support projects which are 
high risk and which have the potential for eventual substantial 
widespread commercial application. In order to receive a grant, 
contract, or cooperative agreement under this section, a 
research £ind development entity shall demonstrate to the Sec-
retary the requisite ability in research and technology develop-
ment and management in the project area in which the grant, 
contract, or cooperative agreement is being sought. 
"(11)(A) Title to any intellectual property arising fi*om assist-
ance provided under this section shall vest in a company or 
companies incorporated in the United States. 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 intellectual property, but 
shall not, in the exercise of such license, publicly disclose propri-
etary information related to the license. Title to any such 
intellectual property shall not be transferred or passed, except 
to a company incorporated in the United States, until the 
106 STAT. 18 
PUBLIC LAW 102-245—FEB. 14, 1992 
hi 
expiration of the first patent obtained in connection with such 
intellectual property. 
a 
"(B) For pxirposes of this paragraph, the term 'intellectual 
property' means an invention patentable under title 35, United 
States Code, or any patent on such an invention. 
"(C) Nothing in this paragraph shall be construed to prohibit 
the licensing to any company of intellectual property rights 
arising from assisttince provided under this section.". 
(7) Section 28(e) of the National Institute of Standards and Tech-
nology Act (15 U.S.C. 278n(e)) is amended to read as follows: 
"(e) The Secretary may, within 30 days after notice to Congress, 
suspend a company or joint venture from continued assistance 
under this section if the Secretary determines that the company, 
the country of incorporation of the compemy or a parent company, 
or the joint venture has failed to satisfy any of the criteria set 
forth in subsection (d)(9), and that it is in the national interest 
of the United States to do so.". 
(8) Section 28 of the Nationed Institute of Standards and Tech-
nology Act (15 U.S.C. 278n) is amended by adding at the end 
the following new subsections: 
"(f) When reviewing private sector requests for awards under 
the Program, and when monitoring the progress of assisted research 
projects, the Secretary and the Director shsJl, as appropriate, coordi-
nate with the Secretary of Defense £ind other senior Federal officials 
to ensxire cooperation and coordination in Federal technology pro-
grams and to avoid unnecessary duplication of effort. The Secretary 
and the Director are authorized to work with the Director of the 
Office of Science £ind Technology Policy, the Secretary of Defense, 
and other appropriate Federsd officieds to form interagency working 
groups or special project offices to coordinate FedertJ technology 
activities. 
"(g) In order to analyze the need for the value of joint ventures 
and other research projects in specific technical fields, to evaluate 
any proposal made by a joint venture or company requesting the 
Secretary's assistance, or to monitor the progress of any joint ven-
ture or any company research project which receives Federal funds 
under the Program, the Secretaiy, the Under Secretary of Com-
merce for Technology, and the Director may, notwithstanding any 
other provision of law, meet with such industry sources as they 
consider useful and appropriate. 
"(h) Up to 10 percent of the funds appropriated for carrying 
out this section may be used for standards development £ind tech-
nic£d activities by the Institute in support of the purposes of this 
section. 
"(i) In addition to such sums as may be authorized and appro-
priated to the Secretary and Director to operate the Program, 
the Secretaiy and Director also may accept funds from other Federal 
departments and agencies for the purpose of providing Federal 
funds to support awards under the Program. Any Program award 
which is supported with funds which originally came from other 
Federal departments and agencies shall be selected and carried 
out according to the provisions of this section. 
"(j) As used in this section— 
"(1) the term 'joint venture' means any group of activities, 
including attempting to make, making, or performing a con-
tract, by two or more persons for the purpose of— 
. , ,, 
PUBLIC LAW 102-245—FEB. 14, 1992 
106 STAT. 19 
"(A) theoretical analysis, experimentation, or systematic 
study of phenomena or observable facts; 
"(B) the development or testing of basic engineering tech-
niques; 
"(C) the extension of investigative finding or theory of 
a scientific or technical nature into practical application 
for experimental and demonstration piirposes, including 
the experimental production and testing of models, proto-
types, equipment, materials, and processes; 
"(D) the collection, exchange, and analysis of research 
information; 
"(E) the production of any product, process, or service; 
or 
"(F) any combination of the purposes specified in sub-
paragraphs (A), (B), (C), (D), and (E), 
and may include the establishment and operation of facilities 
for the conducting of research, the conducting of such venture 
on a protected and proprietary basis, and the prosecuting of 
applications for patents and the granting of licenses for the 
results of such ventxire; and 
"(2) the term 'United States-owned company' means a com-
peiny that has majority ownership or control by individuals 
who are citizens of the United States.". 
(d) EFFECTIVE DATE.—The amendments in subsection (c) shall i5USC278n 
take effect immediately upon enactment; however, the amendments "
*
*
*
*
• 
shall not apply to applications submitted before the date of enact-
ment of this Act. 
(e) MANAGEMENT COSTS.—Section 2 of the National Institute 
of Standards and Technology Act (15 U.S.C. 272) is amended by 
adding at the end thereof the following new subsection: 
"(d) In carrying out the extrtunural funding programs of the 
Institute, including the programs established under sections 25, 
26, and 28 of this Act, the Secretary may retain reasonable amounts 
of any funds appropriated pursuant to authorizations for these 
programs in order to pay for the Institute's management of these 
programs.". 
(0 COMPREHENSIVE REPORT.—The Secretary shall, not later than 15 USC 278n 
4 years after the date of enactment of this Act, submit to each "°*®-
House of the Congress and the President a comprehensive report 
on the results of the Advanced Technology Program established 
under section 28 of the National Institute of Standards and Tech-
nology Act (15 U.S.C. 278n), including any activities in the areas 
of high-resolution information systems, advanced manufacturing 
technology, and advanced materials. 
TITLE III—AMENDMENTS TO THE STEVENSON-WYDLER 
TECHNOLOGY INNOVATION ACT OF 1980 
SEC. 301. FEDERAL LABORATORY CONSORTIUM. 
(a) Section ll(eX2) of the Stevenson-Wydler Technology Innova-
tion Act of 1980 (15 U.S.C. 3710(eX2)) is amended by inserting 
"senior" after "Consortixim and a". 
(b) Section ll(eX6) of the Stevenson-Wydler Technology Innova-
tion Act of 1980 (15 U.S.C. 3710(eX6)) is amended by adding at 
the end the following: "Such report shall include an annual 
independent audit of the financial statements of the Consortium, 
106 STAT. 20 
PUBLIC LAW 102-245—FEB. 14, 1992 
conducted in accordance with generally accepted accounting prin-
ciples.". 
(c) Section ll(e)(7)(B)(ii) of the Stevenson-Wydler Technology 
Innovation Act of 1980 (15 U.S.C. 3710(eX7)(BXii)) is amended 
by striking "or 1991" and inserting in lieu thereof "1991, 1992, 
1993,1994,1995, or 1996". 
(d) Section 11(e)(8) of the Stevenson-Wydler Technology Innova-
tion Act of 1980 (15 U.S.C. 3710(eX8)) is repealed. 
SEC. 302. COOPERATIVE 
RESEARCH AND DEVELOPMENT 
AGREE-
MENTS. 
(a) Section 12(d)(1) of the Stevenson-Wydler Technology Innova-
tion Act of 1980 (15 U.S.C. 3710a(dXl)) is amended by inserting 
"intellectual property," after "equipment," both places it appears. 
Reports. 
(b) Within 6 months after the date of enactment of this Act, 
the Secretary shall report to the Congress on the advisability of 
authorizing a new form of cooperative research and development 
agreement which would permit Federal contributions of funds. 
SEC. 303. RESEARCH EQUIPMENT. 
Section 11 of the Stevenson-Wydler Technology Innovation Act 
of 1980 (15 U.S.C. 3710) is amended by adding at the end the 
irt J 
-
> 
following new subsection: 
"(i) RESEARCH EQUIPMENT.—The Director of a laboratory, or the 
head of £iny Federal agency or department, may give research 
equipment that is excess to the needs of the laboratory, agency, 
or department to an educational institution or nonprofit organiza-
t 
tion for the conduct of technical and scientific education and 
research activities. Title of ownership shall transfer with a gift 
under the section.". 
SEC. 304. DEFINITION OF FEDERAL AGENCY. 
Section 4(8) of the Stevenson-Wydler Technology Innovation Act 
of 1980 (15 U.S.C. 3703(8)) is amended by inserting ", as well 
as any agency of the legislative branch of the Federal Grovemment" 
" 
• • ' " ' 
after "of such title". 
SEC. 305. QUALITY IMPROVEMENT. 
Section 17(f) of the Stevenson-Wydler Technology Innovation Act 
of 1980 (15 U.S.C. 3711a(f)) is amended by adding at the end 
the following: "The Director is authorized to use appropriated funds 
to cairry out responsibilities under this Act.". 
SEC. 306. UNDER SECRETARY, 
Section 5(c) of the Stevenson-Wydler Technology Innovation Act 
of 1980 (15 U.S.C. 3704(c)) is amended— 
(1) by redesignating paragraphs (13) and (14) as paragraphs 
(14) and (15), respectively; and 
(2) by inserting after paragraph (12) the following new para-
graph: 
"(13) serve as a focal point for disciissions among United 
States companies on topics of interest to industry and labor, 
including discussions regarding manufacturing and discussions 
- regarding emerging technologies;". 
PUBLIC LAW 102-245—FEB. 14, 1992 
106 STAT. 21 
TITLE IV—NATIONAL COMMISSION ON REDUCING 
CAPITAL COSTS FOR EMERGING TECHNOLOGY 
SEC. 401. NATIONAL COMMISSION ON REDUCING CAPITAL COSTS FOR 
EMERGING TECHNOLOGY. 
Business and 
industry. 
15 u s e 3701 
note. 
(a) 
ESTABLISHMENT AND PURPOSE.—^There is established a 
National Commission on Reducing Capital Costs for Emerging Tech-
nology (hereafter in this section referred to as the "Commission"), 
for the purpose of developing recommendations to increase the 
competitiveness of United States industry by encouraging invest-
ments in research, the development of new process £ind product 
technologies, and the production of those technologies. 
(b) ISSUES.—The function of the Commission shall be to address 
the following issues: 
(1) How has the overall cost of capital paid by United States 
companies differed during the past decade from that paid by 
companies in other industrial economies such as Germany, 
Japan, £ind the United Kingdom? 
(2) To what extent has the cost of capital faced by technology 
companies differed from the overall cost of capital in each 
of these nations during the same period? 
(3) To what extent do high capital costs in general inhibit 
investment in projects with long-term payoffs, such as the 
development and commercialization of new technology? 
(4) To what extent does the structure of the financial services 
industry in the United States affect the flow of capital to 
advanced technology investment, and to what extent do current 
practices in the equity markets raise the cost of capital £ind 
inhibit the availability of capital to fund research £ind develop-
ment, purchase advanced manufacturing equipment, and fund 
other investments necessary to commercialize advanced tech-
nology? 
(5) In what ways do Government regulations influence the 
cost of capital in the United States? 
(6) To what extent have national differences in capital costs 
facilitated the foreign acquisition of technology-based United 
States comp£inies? 
(7) What macroeconomic and other policies would promote 
greater investment in advanced manufacturing techniques, in 
research and development, and in other activities necessary 
to commercialize and produce new technologies? 
(8) What specific policies should the Federal Government 
follow in order to reduce the cost of capital for United States 
companies to levels that £ire near parity with those faced by 
the Nation's principal trading partners? 
(c) MEMBERSHIP.—(1) The Commission shall be composed of 9 
members who are eminent in such fields as advanced technology, 
manufacturing, finance, and international economics and who are 
appointed as follows: 
(A) 3 individuals appointed by the President, one of whom President, 
shall chair the Commission. 
(B) 3 individuals appointed by the Speaker of the House 
of Representatives, 1 of whom shall be appointed upon the 
recommendation of the minority leader of the House of Rep-
resentatives. 
(C) 3 individuals appointed by the President pro tempore 
of the Senate, 2 of whom shall be appointed upon the rec-
106 STAT. 22 
PUBLIC LAW 102-245—FEB. 14, 1992 
ommendation of the majority leader of the Senate and 1 of 
whom shsdl be appointed upon the recommendation of the 
minority leader of the Senate. 
(2) Each member shall be appointed for the life of the Commission. 
A vacancy in the Commission shall be filled in the manner in 
which the original appointment was made. 
(d) PROCEDURES,—(1) The chairman shall call the first meeting 
of the Commission within 90 days after the date of enactment 
of this Act. 
(2) Recommendations of the Commission shall require the 
approval of three-quarters of the members of the Commission. 
(3) The Commission may use such personnel detailed from Federal 
agencies as may be necessary to enable it to carry out its duties. 
(4) Members of the Commission, other than full-time employees 
of the Federal Government, while attending meetings of the Com-
mission while away from their homes or regular places of business, 
shall be allowed travel expenses in accordance with subchapter 
I of chapter 57 of title 5, United States Code. 
(e) REPORTS.—^The Commission shall, within 1 year after the 
date of enactment of this Act, submit to the President and Congress 
a report containing legislative and other recommendations with 
respect to the issues addressed under subsection (b). 
(f) CONSULTATION.—^The Commission shall consult, as appro-
priate, with the Commission on Technology Eind Pirocurement estab-
lished by section 505 of this Act. 
(g) TERMINATION.—^The Commission shall terminate 6 months 
after the submission of its report under subsection (e). 
Oi) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to carry out this section such sums as may 
be necessary for the fiscal years 1992 and 1993. 
TITLE V—STUDIES AND REPORTS 
Business and 
SEC. 501. fflGH-RESOLUTION INFORMATION 
SYSTEMS 
ADVISORY 
industry. 
BOARD. 
42 use 6611 
, . „ 
^ 
r^ 
^. 
, ., 
^^^ 
note. 
(a) ESTABLISHMENT AND PURPOSE.—^The Director of the Office 
of Science and Technology Policy shall establish within that office 
a High-Resolution Information Systems Advisory Board Oiereafter 
in this section referred to as the "Board") to monitor and, as 
appropriate, foster the development of United States-based high-
resolution information systems industries. 
(hi) DEFINITION.—As used in this title, the term "high-resolution 
information systems" means the equipment and techniques required 
to create, store, recover, and play back high-resolution images and 
accompanjdng sound. 
(c) FUNCTIONS.—The Board shall— 
(1) collect £ind analyze information on the range of factors 
which will determine whether United States-based high-resolu-
tion information systems industries will develop and become 
competitive, including such factors as technology policies, spe-
cialized financial problenvs, international standards and foreign 
trade practices, Federal reg^ations and procurement policies, 
and licensing practices; 
(2) identify areas where appropriate cooperation between the 
Federed Government and the private sector, including Govern-
ment support for industry-led joint research and development 
ventures, would enhance United States industrial competitive-
PUBLIC LAW 102-245—FEB. 14, 1992 
106 STAT. 23 
ness in this area, and provide advice and guidance for such 
cooperative efforts; 
(3) provide guidance on what Federal policies and practices, 
particularly in such areas as procurement £ind the transfer 
of federally-funded research, are necessary to help establish 
United States-based high-resolution information systems indus-
tries; 
(4) provide advice on the coordination of Federal defense 
and civilian activities to maximize and assist with the transfer 
of technologies in the field of high-resolution information sys-
tems into commercial products; and 
(5) generally develop recommendations for gfuiding Federal 
agency activities related to the development of United States-
based high-resolution information systems industries. 
(d) MEMBERSHIP AND PROCEDURES.—(1)(A) The Board shall be 
composed of 13 members, 7 of whom shall constitute a quorum. 
(B) The Director of the Office of Science £ind Technology Policy, 
the Secretary, the Director of the Defense Advanced Research 
Projects Agency, and the Administrator of the National Aeronautics 
and Space Administration, or their designees, shall serve as mem-
bers of the Board. 
(C) The President, acting through the Director of the Office of President. 
Science and Technology Policy, within 90 days after the date of 
enactment of this Act, shall appoint as additional members of 
the Board— 
(i) 5 members from the private electronics manufacturing 
sector, drawn from such sectors as semiconductors, display 
equipment, computers, consimier electronics, and telecommuni-
cations, with 1 member also representing labor; 
(ii) 3 members from the private nonmaniifacturing sector, 
including 1 representative from the transmission delivery sys-
tems sector and 2 representatives drawn from such areas as 
the software industry, the entertainment industry, and the 
investment community; and 
(iii) 1 member from academia. 
At least 1 member appointed under this subparagraph shall be 
from small business. 
(2) The Director of the Office of Science and Technology Policy 
or the Director's designee shall chair the Board. 
(3) The chairmgm shall call the first meeting of the Board within 
30 days after the appointment of members is completed. 
(4) The Board may use such personnel detailed from Federal 
agencies as may be necessEuy to enable it to perform its functions. 
(5) Members of the Board, other than full-time employees of 
the Federal Government, while attending meetings of the Board 
or otherwise performing duties of the Board while away from their 
homes or regiilar places of business, shall be allowed travel expenses 
in accordance with subchapter I of chapter 57 of title 5, United 
States Code. 
(6) The Board shall submit a report of its activities once every 
year gifter its establishment to the President, the Committees on 
Science, Space, and Technology and on Energy and Commerce of 
the House of Representatives, £ind the Committee on Commerce, 
Science, and Transportation of the Senate. 
(e) LIMITATION ON FUNCTIONS.—Nothing in this section or any 
other provision of this Act shall be construed— 
(1) to authorize the Board to investigate or provide advice 
or g^dance with respect to standards or other reg^ations 
106 STAT. 24 
PUBUC LAW 102-245—FEB. 14,1992 
or policies related to the transmission, delivery, or receipt of 
broadcast television or cable television signals subject to regula-
tion by the Federal Communications Commission under the 
Communications Act of 1934 (47 U.S.C. 151 et seq.); or 
(2) to limit, modify, or affect in any manner llie authorities, 
functions or responsibilities of the Federal Communications 
Commission or the National Telecommimications and Informa-
tion Administration, 
(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to carry out this section such sums as may 
be necessary for the fiscal years 1992 and 1993. 
SEC. 502. MAJOR SCIENCE AND TECHNOLOGY PROPOSALS. 
The National Science and Technology Policy, Organization, and 
Priorities Act of 1976 is amended by adding at the end of title 
II the following new section: 
"MAJOR SCIENCE AND TECHNOLOGY PROPOSALS 
42 use 6618. 
" S E C 209. The Director shall identify and provide an annual 
report to Congress on each major multinational science and tech-
nology project, in which the United States is not a participant, 
which has a toted estimated cost greater than $1,000,000,000.". 
SEC. 503. BIENNIAL NATIONAL CRITICAL TECHNOLOGIES REPORT 
AMENDMENTS. 
Section 603 of the National Science and Technology Policy, 
Organization, and Priorities Act of 1976 (42 U.S.C. 6683) is 
amended— 
(1) in subsection (a), by inserting ", but shall include the 
most economically important emerging civilian technologies 
diiring the 10-year period following such report, together with 
the estimated current and future size of domestic and inter-
national markets for products derived from these technologies" 
after "may not exceed 30"; 
(2) in subsection (b), by striking "national security and" and 
inserting in lieu thereof "national security or"; 
(3) by redesignating subsection (d) as subsection (e); and 
(4) by inserting after subsection (c) the following new sub-
section: 
"(d) Each such report shall include— 
"(1) an identification of the types of research and development 
needed to close any significant gaps or deficiencies in the tech-
nology base of the United States, as compared with the tech-
nology bases of major trading partners; and 
"(2) a list of the technologies and markets targeted by major 
trading partners for development or capture.". 
15 use 3716. 
SEC. 504. CRITICAL INDUSTRIES. 
(a) IDENTIFICATION OF INDUSTRIES AND DEVELOPMENT OF PLAN.— 
The Secretary shall— 
(1) identify those civilian industries in the United States 
that are necessary to support a robust manufacturing infira-
structure and critical to the economic security of the United 
States; and 
(2) list the major research and development initiatives being 
undertaken, and the substantial investments being made, by 
the Federal Grovemment, including its research laboratories. 
PUBLIC LAW 102-245—FEB. 14, 1992 
106 STAT. 25 
in each of the critical indiistries identified under paragraph 
(1). 
(b) INITIAL REPORT.—^The Secretary shall submit a report to the 
Congress within 1 year after the date of enactment of this Act 
on the actions taken under subsection (a). 
(c) ANNUAL UPDATES.—^The Secretary shall annually submit to 
the Congress an update of the report submitted under subsection 
(b). Each such update shall— 
(1) describe the status of each identified critical industry, 
including the advances and declines occurring since the most 
recent report; and 
(2) identify any industries that should be added to the list 
of critical industries. 
SEC. 505. RESEARCH, DEVELOPMENT, TECHNOLOGY UTILIZATION, 
15 USC 3701 
AND GOVERNMENT PROCUREMENT POUCY. 
note. 
(a) ESTABLISHMENT OF COMMISSION.—The Secretary, in con-
sultation with the Administrator of the Office of Federal Procure-
ment Policy, shall establish a Commission on Technology and Pro-
curement (hereafter in this section referred to as the "Commission"), 
for the purposes of analyzing the effect of Federal Government 
procurement laws, procedures, smd policies on the development 
of advanced technologies within the United States and making 
recommendations on how Federal policy could be changed to pro-
mote further the development of advanced technologies. 
(b) ISSUES.—The Commission shall address the following issues: 
(1) To what extent, if any, should Federal Government tech-
nology purchase strategies be used to give domestic suppliers 
a competitive adv£mtage in new generations of existing tech-
nologies and in inititil market penetration for new technologies? 
(2) Under what conditions can Federal Government purchases 
of advanced technology-based products be based on performance 
specifications rather than on product specifications? Should 
Federal Government procurement first look to the commercial 
markets for products that will meet performance specifications 
before purchasing a unique product that has to be developed? 
(3) How can the Federal Government procurement laws, prac-
tices, and procedures be used as a strategic tool to foster 
the use of emerging technologies? 
(4) How c£in the Federal Grovemment ensure that its suppliers 
adopt the principles embodied in the Malcolm Baldrige National 
Quality Award? 
(5) Should Federal 
Government procurement 
practices 
include cooperative efforts between the supplier and the Federal 
entity to develop products so as to be more ecisily marketed 
on a commercisd basis? Should a progrcim for the exchange 
of technical personnel to foster innovation in product develop-
ment be part of such practices? 
(6) To what extent, if any, should Federed Grovemment docu-
ments specify stsindards that are beneficial to domestic suppli-
ers, aid the compatibility of advanced technologies, and speed 
the commercial acceptance of those technologies, and what 
would be the role of the Institute in such an effort? 
(7) Should Federal Grovemment procurement be linked to 
the Advanced Technology Program and to technology transfer 
activities so that specification development can incorporate the 
latest techniccd advances available? 
106 STAT. 26 
PUBLIC LAW 102-245—FEB. 14, 1992 
(8) To what extent should worldwide, state of the art tech-
nology be required in Federeil Government procurement? 
(c) MEMBERSHIP AND PROCEDURES.—(1) The Commission shall 
be composed of 15 members, 8 of whom shall constitute a quorum. 
(2) The Secretary, the Administrator of the Office of Federal 
Procurement Policy, the Director of the Office of Science and Tech-
nology Policy, the Secretary of Defense, Eind the Administrator 
of General Services, or their designees who serve in executive 
level positions, shall serve as members of the Conmiission. 
(3) The Secretary shall appoint as members of the Commission, 
from among individuals not employed by the Federal Government— 
(A) 4 members who are eminent in advanced technology 
businesses representing manufactxiring and services industries, 
including at least 1 member representing labor; 
(B) 3 members who are eminent in the fields of technology 
and international economic development; and 
(C) with the concurrence of the Administrator of the Office 
of Federal Prociirement Policy, 3 members who are eminent 
in the field of Federal Government procurement. 
(4) The Secretary shall appoint a Commission chairman from 
among the members of the Commission. The chairman shall call 
the first meeting of the Commission within 90 days after the date 
of enactment of this Act. 
(5) The Secretary and the Administrator of the Office of Federal 
Procurement Policy shall provide such st£iff as may be required 
by the Commission to c£irry out its responsibilities. 
(6) Members of the Commission, other than full-timie employees 
of the Federal Government, while attending meetings of the Com-
mission or otherwise performing duties of the Commission while 
away from their homes or regular places of business, sh£dl be 
allowed travel expenses in accordance with subchapter I of chapter 
57 of title 5, United States Code. 
(d) REPORTS.—(1) The Commission shall, within 1 year after 
the date of enactment of this Act, submit to the Secretary, the 
Administrator of the Office of Federal Procurement Policy, the 
President, and Congress a report containing preliminary rec-
ommendations with respect to the issues addressed iinder sub-
section (b). 
(2) The Commission shall, within 2 years after the date of enact-
ment of this Act, submit to the Secretary and Congress a final 
report containing final recommendations with respect to the issues 
addressed under subsection O^)-
(e) CONSULTATION.—The Commission shall consult, as appro-
priate, with the National Commission on Reducing Capital Costs 
for Emerging Technology. 
(f) TERMINATION.—^^e Commission shall terxninate 6 months 
after the submission of its final report under subsection (dX2). 
(g) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to carry out this section such sums as may 
be necessary for the fiscal years 1992,1993, and 1994. 
SEC. 506. REPORT ON INFORMATION COLLECTION AND DISSEMINA-
TION. 
(a) REPORT.—Within 270 days after the date of enactment of 
this Act, the Secretary shall report to the Committee on Science, 
Space, and Technology of the House of Representatives and the 
Committee on Commerce, Science, and Transportation of the Senate 
PUBLIC LAW 102-245—FEB. 14, 1992 
106 STAT. 27 
on the feasibility of establishing and operating a Federal Online 
Information Product Catalog (FEDLINE) at the National Technical 
Information Service which would serve as a comprehensive inven-
tory and authorizative register of information products and services 
disseminated by the Federal Government and assist agencies and 
the public in locating Federal Government information. Information 
protected from public disclosure shall not be included. In studjdng 
the concept, the Secretary, acting through the Under Secretary 
and the Director of the National Technical Information Service, 
shall consult with officials from appropriate Government agencies, 
including the Office of Management and Budget, the National 
Archives, the Government Printing Office, and the Institute, and 
with representatives of the public, for their views on the optimal 
composition and format of FEDLINE. Such report shall contain 
cost estimates and possible funding sources for establishing tmd 
operating FEDLINE and shall list any changes in law and regula-
tion that would be req\iired if FEDLINE were to be implemented. 
(b) FUNDING.—^The Director of the National Technical Information 
Service may retain and use all monies received, including receipts, 
revenues, and advgmced pajnnents and deposits, to fund obligations 
and expenses through the end of fiscal year 1993. 
(c) ELECTRONIC FORMAT.—Section 212(e)(5) of the National Tech-
nical Information Act of 1988 (15 U.S.C. 3704b(e)(5)) is amended 
by inserting ", including producing and disseminating information 
products in electronic format" £ifter "engineering information". 
SEC. 507. NATIONAL QUALITY COUNCIL. 
15 USC 3717. 
(a) ESTABLISHMENT AND FUNCTIONS.—There is established a 
National Quality Council (hereafter in this section referred to as 
the "Council"). The functions of the Council shall be— 
(1) to establish national goals and priorities for Quality per-
formance in business, education, government, and all other 
sectors of the Nation; 
(2) to encourage and support the voluntary adoption of these 
goals and priorities by companies, unions, professional and 
business associations, coalition groups, and units of govern-
ment, as well as private and nonprofit organizations; 
(3) to arouse and maintain the interest of the people of 
the United States in Quality performance, and to encourage 
the adoption and institution of Quality performance methods 
by all corporations, government agencies, and other organiza-
tions; and 
(4) to conduct a White House Conference on Qusility Perform-
ance in the American Workplace that would bring together 
in a single forum national leaders in business, labor, education, 
professional societies, the media, government, and politics to 
address Quality performance as a means of improving United 
States competitiveness. 
(b) MEMBERSHIP.—^The Council shall consist of not less than 17 
or more than 20 members, appointed by the Secretary. Members 
shall include— 
(1) at least 2 but not more than 3 representatives from 
manufacturing industry; 
(2) at least 2 but not more than 3 representatives from 
service industry; 
(3) at least 2 but not more than 3 representatives from 
nation£il Quality not-for-profit organizations; 
106 STAT. 28 
PUBLIC LAW 102-245—FEB. 14, 1992 
(4) two representatives from education, one with expertise 
in elementary and secondary education, and one with expertise 
in post-secondeiry education; 
(5) one representeitive from labor; 
(6) one representative from professional societies; 
(7) one representative each from local and State government; 
; 
(8) one representative from the Federal Quality Institute; 
(9) one representative from the National Institute of Stand-
ards and Technology; 
(10) one representative from the Department of Defense; 
; 
(11) one representative from a civilian Federal agency not 
otherwise represented on the Council, to be rotated among 
such agencies every 2 years; and 
(12) one representative from the Foundation for the Malcolm 
Baldrige National Quality Award. 
(c) TERMS,—^The term of office of each member of the Council 
appointed imder paragraphs (1) through (7) of subsection (b) shall 
be 2 yesirs, except that when making the initial appointments 
under such paragraphs; the Secretary shall appoint not more than 
50 percent of the members to 1 year terms. No member appointed 
under such paragraphs shall serve on the Council for more than 
2 consecutive terms. 
(d) CHAIRMAN AND VICE CHAIRMAN.—The Secretary shall des-
ignate one of the members initially appointed to the Council as 
Chairman. Thereafter, the members of the Council shall annually 
•Xij I 
elect one of their number as Chairmcm. The members of the Council 
shall £ilso annually elect one of their members as Vice Chairman. 
No individual shall serve as Chairman or Vice Chairman for more 
than 2 consecutive years. 
(e) EXECUTIVE DIRECTOR AND EMPLOYEES.—The Coxmcil shall 
appoint and fix the compensation of an Executive Director, who 
shall hire and fix the compensation of such additional employees 
as may be necessary to assist the Council in carrjdng out its 
functions. In hiring such additional employees, the Executive Direc-
tor shall ensure that no individual hired has a conflict of interest 
with the responsibilities of the Council. 
(f) FUNDING.—There is established in the Treasury of the United 
States a National Quality Performance Trust Fund, into which 
all funds received by the Council, through private donations or 
otherwise, shall be deposited. Amounts in such Trust Fund shall 
be available to the Council, to the extent provided in advance 
in appropriations Acts, for the purpose of carrying out the functions 
of the Council under this Act, 
(g) CONTRIBUTIONS.—The Council may not accept private dona-
tions from a single source in excess of $25,000 per year. Private 
donations from a single source in excess of $10,()(X) per year may 
be accepted by the Council only on approvsJ of two-thirds of the 
Council, 
(h) ANNUAL REPORT,—^The Council shEill annually submit to the 
President and the Congress a comprehensive and detailed report 
on— 
(1) the progress in meeting the goals and priorities estab-
, 
lished by the Council; 
(2) the Council's operations, activities, and financial condition; 
(3) contributions to the Coimcil from non-Federal sources; 
(4) plans for the Council's operations and activities for the 
fut\ire; and 
PUBLIC LAW 102-245—FEB. 14, 1992 
106 STAT. 29 
(5) Einy other information or recommendations the Council 
considers appropriate. 
SEC. 508. STUDY OF TESTING AND CERTIFICATION. 
15 USC 3701 
(a) CONTRACT WITH NATIONAL RESEARCH COUNCIL.—^Within 90 
days aifter the date of enactment of this Act and within available 
appropriations, the Secretary shall enter into a contract with the 
Nationed Research Council for a thorough review of international 
product testing £md certification issues. The National Research 
Council will be asked to address the following issues and make 
recommendations as appropriate: 
(1) The impact on United States memufacturers, testing and 
certification laboratories, certification organizations, and other 
affected bodies of the European Commxmity's plans for testing 
and certification of regulated and nonregfulated products of 
non-European origin. 
(2) Ways for United States manufacturers to gain acceptemce 
of their products in the Eiiropean Community and in other 
foreign countries and regions. 
(3) The feasibility and consequences of having mutual rec-
ognition agreements between testing and certification organiza-
tions in the United States and those of major trading partners 
on the accreditation of testing and certification laboratories 
and on quality control requirements. 
(4) Information coordination regarding product acceptsince 
and conformity assessment mechanisms between the United 
States and foreign governments. 
(5) The appropriate Federgd, State, and private roles in 
coordination £ind oversight of testing, certification, accredita-
tion, and quality control to support nationed and international 
trade. 
(b) MEMBERSHIP.—In selecting the members of the review panel, 
the National Research Council shall consult with and draw from, 
among others, laboratory accreditation organizations. Federal and 
State government agencies involved in testing and certification, 
professional societies, trade associations, smedl business, and labor 
organizations. 
(c) REPORT.—A report based on the findings and recommendations 
of the review panel shall be submitted to the Secretary, the Presi-
dent, and Congress within 18 months Eifter the Secretary signs 
the contract with the National Research Council. 
SEC. 509. REPORT ON A STRATEGY TO STIMULATE COMPETITIVE 
RESEARCH. 
(a) IN GENERAL.—No later than 120 days after the date of enact-
ment of this Act, the Director of the Office of Science and Technology 
Policy shall submit to Congress a report presenting a proposed 
strategy for improving the imiversity research capabilities of those 
States which historically have received relatively little Federcd 
rese£irch and development fimding. The report shall particularly— 
(1) analyze recent steps to use the National Science Founda-
tion's 
Experimental 
Program 
to 
Stimulate 
Competitive 
Research as a model for similar programs in several other 
FedergQ departments and agencies which fund research and 
development; and 
(2) examine the feasibility and advisability of using that 
Program as a model for Federal research cmd development 
agencies which do not currently have similar programs. 
106 STAT. 30 
PUBLIC LAW 102-245—FEB. 14, 1992 
(b) ANALYSIS AND DISCUSSION.—The report shall include an analy-
sis and discussion of— 
(1) the geographic distribution of Federal research and devel-
opment grants and contracts; 
(2) current Federal efforts to stimulate competitive research; 
and 
(3) the feasibility and advisability of new Federal programs 
to stimulate competitive research. 
SEC. 510. INTERAGENCY COORDINATION. 
The Secretary shall, within 180 days after the date of enactment 
of this Act, submit to the Committee on Science, Space, and Tech-
nology and the Committee on Energy and Commerce of the House 
of Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate, a plan for coordination of Commerce 
Department efforts with other Federal agencies for activities related 
to high-resolution information systems, including research and 
development activities. 
Approved February 14, 1992. 
LEGISLATIVE HISTORY—H.R. 1989 (S. 1034): 
HOUSE REPORTS: No. 102-134 (Comm. on Science, Space, and Technology). 
SENATE REPORTS: No. 102-157 accompanying S. 1034 (Comm. on Commerce, 
Science, and Transportation). 
CONGRESSIONAL RECORD: 
Vol. 137 (1991): July 16, considered and passed House. 
Nov. 27, considered and passed Senate, amended, in lieu of 
S. 1034. 
Vol. 138 (1992): Jan. 28, House concurred in Senate amendment.