[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2908 Introduced in House (IH)]






108th CONGRESS
  1st Session
                                H. R. 2908

     To establish the position of Under Secretary of Commerce for 
 Manufacturing and Technology, require the establishment of a research 
and implementation program on manufacturing, and promote manufacturing 
                               education.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 25, 2003

  Mr. Udall of Colorado (for himself, Mr. Honda, Mr. Cardoza, and Mr. 
   Ehlers) introduced the following bill; which was referred to the 
                          Committee on Science

_______________________________________________________________________

                                 A BILL


 
     To establish the position of Under Secretary of Commerce for 
 Manufacturing and Technology, require the establishment of a research 
and implementation program on manufacturing, and promote manufacturing 
                               education.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``American Manufacturing Works Act of 
2003''.

SEC. 2. MANUFACTURING AND TECHNOLOGY ADMINISTRATION.

    Section 5 of the Stevenson-Wydler Technology Innovation Act of 1980 
(15 U.S.C. 3704) is amended to read as follows:

``SEC. 5. MANUFACTURING AND TECHNOLOGY.

    ``(a) Establishment.--There is established in the Department of 
Commerce a Manufacturing and Technology Administration, which shall 
operate in accordance with the provisions, findings, and purposes of 
this Act. The Manufacturing and Technology Administration shall 
include--
            ``(1) the National Institute of Standards and Technology;
            ``(2) the National Technical Information Service; and
            ``(3) a policy analysis office, which shall be known as the 
        Office of Manufacturing and Technology Policy.
    ``(b) Under Secretary and Assistant Secretaries.--The President 
shall appoint, by and with the advice and consent of the Senate, to the 
extent provided for in appropriations Acts--
            ``(1) an Under Secretary of Commerce for Manufacturing and 
        Technology, who shall be compensated at the rate provided for 
        level III of the Executive Schedule in section 5314 of title 5, 
        United States Code;
            ``(2) an Assistant Secretary of Manufacturing who shall 
        serve as a policy analyst for the Under Secretary; and
            ``(3) an Assistant Secretary of Technology who shall serve 
        as a policy analyst for the Under Secretary.
    ``(c) Duties.--The Secretary, through the Under Secretary, as 
appropriate, shall--
            ``(1) manage the Manufacturing and Technology 
        Administration and supervise its agencies, programs, and 
        activities;
            ``(2) conduct manufacturing and technology policy analyses 
        to improve United States industrial productivity, manufacturing 
        capabilities, and innovation, and cooperate with United States 
        industry to improve its productivity, manufacturing 
        capabilities, and ability to compete successfully in an 
        international marketplace;
            ``(3) identify manufacturing and technological needs, 
        problems, and opportunities within and across industrial 
        sectors, that, if addressed, could make significant 
        contributions to the economy of the United States;
            ``(4) assess whether the capital, technical, and other 
        resources being allocated to domestic industrial sectors which 
        are likely to generate new technologies are adequate to meet 
        private and social demands for goods and services and to 
        promote productivity and economic growth;
            ``(5) propose and support studies and policy experiments, 
        in cooperation with other Federal agencies, to determine the 
        effectiveness of measures for improving United States 
        manufacturing capabilities and productivity;
            ``(6) provide that cooperative efforts to stimulate 
        industrial competitiveness and innovation be undertaken between 
        the Under Secretary and other officials in the Department of 
        Commerce responsible for such areas as trade and economic 
        assistance;
            ``(7) encourage and assist the creation of centers and 
        other joint initiatives by State or local governments, regional 
        organizations, private businesses, institutions of higher 
        education, nonprofit organizations, or Federal laboratories to 
        encourage technology transfer, to encourage innovation, and to 
        promote an appropriate climate for investment in technology-
        related industries;
            ``(8) propose and encourage cooperative research involving 
        appropriate Federal entities, State or local governments, 
        regional organizations, colleges or universities, nonprofit 
        organizations, or private industry to promote the common use of 
        resources, to improve training programs and curricula, to 
        stimulate interest in manufacturing and technology careers, and 
        to encourage the effective dissemination of manufacturing and 
        technology skills within the wider community;
            ``(9) serve as a focal point for discussions among United 
        States companies on topics of interest to industry and labor, 
        including discussions regarding manufacturing, competitiveness, 
        and emerging technologies;
            ``(10) consider government measures with the potential of 
        advancing United States technological innovation and exploiting 
        innovations of foreign origin and publish the results of 
        studies and policy experiments; and
            ``(11) assist in the implementation of the Metric 
        Conversion Act of 1975 (15 U.S.C. 205a et seq.).
    ``(d) Manufacturing Advisory Board.--
            ``(1) Establishment and composition.--There is established 
        a Manufacturing Advisory Board within the Manufacturing and 
        Technology Administration. The Under Secretary or the Assistant 
        Secretary of Manufacturing shall chair the Advisory Board. The 
        Advisory Board shall be composed of 14 additional members 
        appointed by the Under Secretary as follows:
                    ``(A) 1 representative each from the National 
                Association of Manufacturers, the National Coalition 
                for Advanced Manufacturing, and the Modernization 
                Forum.
                    ``(B) 4 members from outside the Federal Government 
                who are eminent in the manufacturing industry, at least 
                2 of whom are representatives of small and medium-sized 
                companies in such industries.
                    ``(C) 4 members from Federal agencies who have 
                manufacturing science and technology expertise, at 
                least 1 of whom shall be from the National Institute of 
                Standards and Technology.
                    ``(D) 3 members from labor unions, a majority of 
                whose members have manufacturing jobs.
            ``(2) Duties.--The duties of the Advisory Board shall be--
                    ``(A) to identify manufacturing issues relative to 
                manufacturing technology and competitiveness;
                    ``(B) to advise the Under Secretary on 
                manufacturing issues, including manufacturing 
                activities at the National Institute of Standards and 
                Technology, and make recommendations for actions by the 
                Federal Government; and
                    ``(C) to report its finding and recommendations to 
                the Under Secretary and the Director of the Office of 
                Management and Budget.
            ``(3) Term of office.--The term of office of each member of 
        the Advisory Board shall be 4 years, except that--
                    ``(A) of the initial members, 3 shall be appointed 
                for terms of 1 year, 3 shall be appointed for terms of 
                2 years, 4 shall be appointed for terms of 3 years, and 
                4 shall be appointed for terms of 4 years; and
                    ``(B) any member appointed to fill a vacancy in the 
                Advisory Board shall serve for the remainder of the 
                term for which his predecessor was appointed.
            ``(4) Quorum.--The Advisory Board shall not act in the 
        absence of a quorum, which shall consist of 8 members.
            ``(5) Allowance for travel expenses.-- Members of the 
        Advisory Board, other than full-time employees of the Federal 
        Government, while attending meetings of the Board or while 
        otherwise performing duties at the request of the Chairman 
        while away from their home or a regular place of business, may 
        be allowed travel expenses in accordance with subchapter I of 
        chapter 57 of title 5, United States Code.
            ``(6) Staff services and utilization of federal 
        personnel.--To provide the staff services necessary to assist 
        the Advisory Board in carrying out its functions, the Advisory 
        Board may utilize personnel from the National Institute of 
        Standards and Technology or any other agency of the Federal 
        Government with the consent of the head of the agency.
    ``(e) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary for the activities of the Under 
Secretary--
            ``(1) $2,000,000 for fiscal year 2004;
            ``(2) $2,070,000 for fiscal year 2005;
            ``(3) $2,140,000 for fiscal year 2006; and
            ``(4) $2,220,000 for fiscal year 2007.''.

SEC. 3. STUDIES BY NATIONAL ACADEMY OF SCIENCES.

    Section 24 of the National Institute of Standards and Technology 
Act (15 U.S.C. 278j) is amended--
            (1) by striking ``The Director may'' through ``assist the'' 
        and inserting ``The Under Secretary of Commerce for 
        Manufacturing and Technology and the Director may periodically 
        enter into an arrangement with the National Academy of Sciences 
        for advice and studies to assist the Manufacturing and 
        Technology Administration and the''; and
            (2) in paragraph (2) by inserting ``the Manufacturing and 
        Technology Administration and'' after ``potential activities 
        of''.

SEC. 4. MANUFACTURING RESEARCH AND IMPLEMENTATION; DEVELOPMENT OF NEW 
              MANUFACTURING TECHNOLOGIES.

    (a) National Institute of Standards and Technology Laboratory 
Activities.--There are authorized to be appropriated to the Secretary 
of Commerce for Manufacturing Engineering activities at the Scientific 
and Technical Research and Services Laboratory of the National 
Institute of Standards and Technology--
            (1) $60,000,000 for fiscal year 2004, of which $30,000,000 
        shall be for the research and development program on 
        manufacturing under section 33 of the National Institute of 
        Standards and Technology Act;
            (2) $62,100,000 for fiscal year 2005, of which $31,050,000 
        shall be for the research and development program on 
        manufacturing under section 33 of the National Institute of 
        Standards and Technology Act;
            (3) $64,270,000 for fiscal year 2006, of which $32,140,000 
        shall be for the research and development program on 
        manufacturing under section 33 of the National Institute of 
        Standards and Technology Act; and
            (4) $68,850,000 for fiscal year 2007, of which $33,260,000 
        shall be for the research and development program on 
        manufacturing under section 33 of the National Institute of 
        Standards and Technology Act.
    (b) National Institute of Standards and Technology Research and 
Development Program.--The National Institute of Standards and 
Technology Act is amended--
            (1) by redesignating the first section 32 as section 34 and 
        moving it to the end of the Act; and
            (2) by inserting before the section moved by paragraph (1) 
        the following new section:

``SEC. 33. RESEARCH AND DEVELOPMENT PROGRAM ON MANUFACTURING.

    ``(a) Establishment.--The Director shall establish a program of 
assistance to institutions of higher education or nonprofit research 
institutions that enter into partnerships with for-profit entities to 
support, promote, and enhance manufacturing research and development. 
The program shall--
            ``(1) include multidisciplinary research; and
            ``(2) include research directed toward addressing the needs 
        identified through the Under Secretary of Commerce for 
        Manufacturing and Technology, the Office of Manufacturing and 
        Technology Policy, and the Manufacturing Advisory Board.
    ``(b) Fellowships.--In order to promote the development of a robust 
research community working at the leading edge of manufacturing 
sciences, the Director shall establish a program to award--
            ``(1) postdoctoral research fellowships to individuals who 
        are seeking research positions at institutions, including the 
        Institute, engaged in research activities related to 
        manufacturing sciences; and
            ``(2) senior research fellowships to individuals seeking 
        research positions at institutions, including the Institute, 
        engaged in research activities related to manufacturing 
        sciences.
To be eligible for an award under this subsection, an individual shall 
submit an application to the Director at such time, in such manner, and 
containing such information as the Director may require. Under this 
subsection, the Director shall provide stipends for postdoctoral 
research fellowships at a level consistent with the Institute's Post 
Doctoral Research Fellowship Program, and senior research fellowships 
at levels consistent with support for a faculty member in a sabbatical 
position.
    ``(c) Awards; Applications.--The Director is authorized to award 
grants or cooperative agreements to institutions of higher education to 
carry out the program established under subsection (a). To be eligible 
for an award under such subsection, an institution shall submit an 
application to the Director at such time, in such manner, and 
containing such information as the Director may require. The 
application shall include, at minimum, a description of how the for-
profit entities and any other partners will participate in developing 
and carrying out the research agenda of the partnership.
    ``(d) Program Operation.--(1) The program established under 
subsection (a) shall be managed by individuals who have expertise in 
research related to manufacturing technology. The Director shall 
designate such individuals program managers.
    ``(2) Program managers designated under paragraph (1) may be new or 
existing employees of the Institute or individuals on assignment at the 
Institute under the Intergovernmental Personnel Act of 1970.
    ``(3) Program managers designated under paragraph (1) shall be 
responsible for--
            ``(A) establishing and publicizing the broad research and 
        development goals for the program;
            ``(B) soliciting applications for specific research 
        projects to address the goals developed under subparagraph (A); 
        and
            ``(C) selecting research projects for support under the 
        program from among applications submitted to the Institute, 
        following consideration of--
                    ``(i) the novelty and scientific and technical 
                merit of the proposed projects;
                    ``(ii) the demonstrated capabilities of the 
                individual or individuals submitting the applications 
                to successfully carry out the proposed research;
                    ``(iii) the impact the proposed projects will have 
                on increasing the number of individuals with research 
                expertise in manufacturing sciences; and
                    ``(iv) the nature of the participation by for-
                profit entities and the extent to which the proposed 
                projects address the concerns of industry.
    ``(e) Review of Program.--The Director shall enter into an 
arrangement with the National Academy of Sciences for a comprehensive 
review of the program established under subsection (a) during the third 
year of the program. Such review shall include an assessment of the 
quality and utility of the research conducted and the relevance of the 
research results obtained to the goals of the program. The Director 
shall submit a report to Congress on the results of the review under 
this subsection not later than 4 years after the initiation of the 
program.
    ``(f) Definitions.--For the purposes of this section the term 
`institution of higher education' has the meaning given that term in 
section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).''.

SEC. 5. ADVANCED TECHNOLOGY PROGRAM.

    (a) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Commerce for the Advanced Technology 
Program under section 28 of the National Institute of Standards and 
Technology Act (15 U.S.C. 278n)--
            (1) $219,400,000 for fiscal year 2004, including 
        $80,700,000 for new awards, of which $20,000,000 shall be for a 
        focused competition in manufacturing sciences;
            (2) $262,900,000 for fiscal year 2005, including 
        $80,700,000 for new awards, of which $20,000,000 shall be for a 
        focused competition in manufacturing sciences;
            (3) $280,900,000 for fiscal year 2006, including 
        $80,700,000 for new awards, of which $20,000,000 shall be for a 
        focused competition in manufacturing sciences; and
            (4) $290,400,000 for fiscal year 2007, including 
        $80,700,000 for new awards, of which $20,000,000 shall be for a 
        focused competition in manufacturing sciences.
    (b) University Leadership of Joint Ventures.--
            (1) Joint venture aid.--Section 28(b)(1) of the National 
        Institute of Standards and Technology Act (15 U.S.C. 
        278n(b)(1)) is amended by striking ``industry-led United 
        States'' and all that follows through ``organizations)'' and 
        inserting ``joint ventures''.
            (2) Definition.--Section 28(j)(1) of the National Institute 
        of Standards and Technology Act (15 U.S.C. 278n(j)(1)) is 
        amended by striking ``two or more persons'' and inserting ``a 
        combination of two or more persons (which shall include at 
        least two companies, each of which participates substantially 
        in the joint venture, and may include one or more institutions 
        of higher education or nonprofit organizations)''.
    (c) Intellectual Property Rights Ownership.--Section 28(d)(11) of 
the National Institute of Standards and Technology Act (15 U.S.C. 
278n(d)(11)) is amended by striking ``(11)(A)'' and all that follows 
through ``with such intellectual property.'' and inserting the 
following:
            ``(11)(A) Title to any intellectual property developed by a 
        joint venture from assistance provided under this section may 
        vest in any participant in the joint venture, as agreed by the 
        members of the joint venture, notwithstanding section 202(a) 
        and (b) of title 35, United States Code. The United States may 
        reserve a nonexclusive, nontransferable, irrevocable, paid-up 
        license, to have practiced for or on behalf of the United 
        States in connection with any such intellectual property, but 
        shall not, in the exercise of such license, publicly disclose 
        proprietary information related to the license. Title to any 
        such intellectual property shall not be transferred or passed, 
        except to a participant in the joint venture, until the 
        expiration of the first patent obtained in connection with such 
        intellectual property.''.
    (d) Barriers to Product Development.--Section 28(d) of the National 
Institute of Standards and Technology Act (15 U.S.C. 278n(d)) is 
amended by adding at the end the following new paragraph:
            ``(12) No contract or award may be made under this section 
        for any project unless the project may remove a scientific or 
        technological barrier to product development.''.
    (e) Project Review and Evaluation.--Section 28(g) of the National 
Institute of Standards and Technology Act (15 U.S.C. 278n(g)) is 
amended to read as follows:
    ``(g) Industry and Peer Review of Proposals.--(1) In order to 
analyze the need for or the value of any proposal made by a joint 
venture or company requesting the Secretary's assistance under this 
section, or to monitor the progress of any project which receives funds 
under this section, the Secretary, the Under Secretary of Commerce for 
Manufacturing and Technology, and the Director may, notwithstanding any 
other provision of law, meet with such industry and other expert 
sources, without a proprietary or financial interest in proposals being 
evaluated, as they consider useful and appropriate.
    ``(2) In order to better assess whether specific innovations to be 
pursued are being adequately supported by the private sector, the 
Director shall conduct a study of, and thereafter monitor, whether the 
Secretary, the Undersecretary of Commerce for Manufacturing and 
Technology, and the Director could benefit from advice and information 
from additional industry and other expert sources, without a 
proprietary or financial interest in proposals being evaluated. Not 
later than one year after the date of the enactment of this Act, and 
biennially thereafter, the Director shall transmit to the Congress a 
report containing the results of the study and monitoring under this 
paragraph.''.

SEC. 6. SMALL BUSINESS INNOVATION RESEARCH/SMALL BUSINESS TECHNOLOGY 
              TRANSFER PROGRAMS.

    Not later than 6 months after the date of enactment of this Act, 
the Under Secretary of Commerce for Manufacturing and Technology shall 
develop and transmit to the Congress a plan to maximize the utilization 
of Federal programs such as the Small Business Innovation Research 
Program and the Small Business Technology Transfer Program to support 
manufacturing sciences. Not later than 18 months after the date of 
enactment of this Act, the Under Secretary of Commerce for 
Manufacturing and Technology shall transmit to the Congress a report 
assessing how Federal agencies are implementing the plan and including 
a description of the amount of Small Business Innovative Research and 
Small Business Technology Transfer funds supporting the plan.

SEC. 7. MANUFACTURING TECHNICAL ASSISTANCE.

    (a) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Commerce for the Manufacturing 
Extension Partnership program under sections 25 and 26 of the National 
Institute of Standards and Technology Act (15 U.S.C. 278k and 278l)--
            (1) $110,000,000 for fiscal year 2004;
            (2) $113,840,000 for fiscal year 2005;
            (3) $117,830,000 for fiscal year 2006; and
            (4) $121,960,000 for fiscal year 2007.
    (b) Amendment.--Section 25 of the National Institute of Standards 
and Technology Act (15 U.S.C. 278k) is amended by adding at the end the 
following new subsection:
    ``(e) Not later than January 20 of each year, the Director shall 
transmit to the Congress a 3-year programmatic planning document for 
the Manufacturing Extension Partnerships program. This document shall 
be developed in consultation with the Modernization Forum.''.

SEC. 8. TECHNICAL WORKFORCE EDUCATION AND DEVELOPMENT.

    (a) Authorization of Appropriations.--There are authorized to be 
appropriated to the Director of the National Science Foundation for the 
Advanced Technological Education Program established under section 3 of 
the Scientific and Advanced-Technology Act of 1992 (42 U.S.C. 1862i) 
and for the Manufacturing Skill Standards Council formed as the 
voluntary partnership for the manufacturing occupational cluster under 
section 504(b) of the National Skill Standards Act of 1994 (20 U.S.C. 
5934(b))--
            (1) $70,000,000 for fiscal year 2004, of which at least 
        $20,000,000 shall be devoted to the education of technicians 
        for manufacturing fields, $5,000,000 of which shall be used to 
        support the work of the Manufacturing Skill Standards Council 
        in educating and preparing manufacturing technicians for 
        certification;
            (2) $80,000,000 for fiscal year 2005, of which at least 
        $30,000,000 shall be devoted to the education of technicians 
        for manufacturing fields, $5,000,000 of which shall be used to 
        support the work of the Manufacturing Skill Standards Council 
        in educating and preparing manufacturing technicians for 
        certification;
            (3) $90,000,000 for fiscal year 2006, of which at least 
        $40,000,000 shall be devoted to the education of technicians 
        for manufacturing fields, $5,000,000 of which shall be used to 
        support the work of the Manufacturing Skill Standards Council 
        in educating and preparing manufacturing technicians for 
        certification; and
            (4) $100,000,000 for fiscal year 2007, of which at least 
        $50,000,000 shall be devoted to the education of technicians 
        for manufacturing fields, $5,000,000 of which shall be used to 
        support the work of the Manufacturing Skill Standards Council 
        in educating and preparing manufacturing technicians for 
        certification.
    (b) Amendment.--Section 3 of the Scientific and Advanced-Technology 
Act of 1992 (42 U.S.C. 1862i) is amended by striking ``advanced-
technology fields'' each place it appears and inserting ``manufacturing 
and advanced-technology fields''.
                                 <all>