[House Report 108-589]
[From the U.S. Government Publishing Office]



108th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     108-589

======================================================================



 
  PROVIDING FOR CONSIDERATION OF H.R. 3598, MANUFACTURING TECHNOLOGY 
                      COMPETITIVENESS ACT OF 2004

                                _______
                                

July 7, 2004.--Referred to the House Calendar and ordered to be printed

                                _______
                                

  Mr. Lincoln Diaz-Balart, from the Committee on Rules, submitted the 
                               following

                              R E P O R T

                       [To accompany H. Res. 706]

    The Committee on Rules, having had under consideration 
House Resolution 706, by a nonrecord vote, report the same to 
the House with the recommendation that the resolution be 
adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for consideration of H.R. 3598, the 
Manufacturing Technology Competitiveness Act of 2004, under a 
structured rule. The rule provides one hour of general debate 
equally divided and controlled by the chairman and ranking 
minority member of the Committee on Science. The rule waives 
all points of order against consideration of the bill.
    The rule provides that the amendment in the nature of a 
substitute recommended by the Committee on Science now printed 
in the bill shall be considered as an original bill for the 
purpose of amendment and shall be considered as read. The rule 
waives all points of order against the committee amendment in 
the nature of a substitute.
    The rule makes in order only those amendments printed in 
this report. The rule provides that the amendments printed in 
this report may be offered only in the order printed in this 
report, may be offered only by a Member designated in this 
report, shall be considered as read, shall be debatable for the 
time specified in this report equally divided and controlled by 
the proponent and an opponent, shall not be subject to 
amendment, and shall not be subject to a demand for a division 
of the question in the House or in the Committee of the Whole. 
The rule waives all points of order against the amendments 
printed in this report.
    Finally, the rule provides one motion to recommit with or 
without instructions.
    The waiver of all points or order against consideration of 
the bill includes a waiver of section 401(a)(1) of the 
Congressional Budget Act of 1974 (prohibiting consideration of 
legislation, as reported, providing new contract authority or 
new borrowing authority that is not limited to amounts provided 
in appropriation acts).

                            COMMITTEE VOTES

    Pursuant to clause 3(b) of House rule XIII the results of 
each record vote on an amendment or motion to report, together 
with the names of those voting for and against, are printed 
below:

Rules Committee record vote No. 305

    Date: July 7, 2004.
    Measure: H.R. 3598--Manufacturing Technology 
Competitiveness Act of 2004.
    Motion by: Mr. Frost.
    Summary of motion: To make in order and provide the 
appropriate waivers for the amendment offered by Representative 
Costello which requires a study on the manufacturing and 
professional workforce to assess various trends relating to 
outsourcing, foreign investment, federal contractors, and 
reemployment.
    Results: Defeated 2 to 5.
    Vote by Members: Linder--Nay; Myrick--Nay; Sessions--Nay; 
Reynolds--Nay; Frost--Yea; McGovern--Yea; Dreier--Nay.

Rules Committee record vote No. 306

    Date: July 7, 2004.
    Measure: H.R. 3598--Manufacturing Technology 
Competitiveness Act of 2004.
    Motion by: Mr. Frost.
    Summary of motion: To make in order and provide the 
appropriate waivers for the amendment offered by Representative 
Gordon which authorizes $169 million per year for FY05-08 for 
the Advanced Technology Program (ATP) at the Department of 
Commerce of which 25 percent of new award funding will be for a 
focused competition in manufacturing sciences.
    Results: Defeated 2 to 5.
    Vote by Members: Linder--Nay; Myrick--Nay; Sessions--Nay; 
Reynolds--Nay; Frost--Yea; McGovern--Yea; Dreier--Nay.

Rules Committee record vote No. 307

    Date: July 7, 2004.
    Measure: H.R. 3598--Manufacturing Technology 
Competitiveness Act of 2004.
    Motion by: Mr. Frost.
    Summary of motion: To make in order and provide the 
appropriate waivers for the amendment offered by Representative 
Mark Udall of Colorado which expands the National Science 
Foundation's Advanced Technological Education program to 
include the preparation of students to manufacturing jobs and 
provides funding for the manufacturing Skills Standards 
Council.
    Results: Defeated 2 to 5.
    Vote by Members: Linder--Nay; Myrick--Nay; Sessions--Nay; 
Reynolds--Nay; Frost--Yea; McGovern--Yea; Dreier--Nay.

                  SUMMARY OF AMENDMENTS MADE IN ORDER

    (Summaries derived from information provided by the 
amendment sponsor.)
    1. Jackson Lee--Prevents the use of appropriated funds for 
general re-competition of Manufacturing Extension Partnership 
(MEP) centers. (10 minutes)
    2. Larson--Re-orients the current Technology Administration 
(TA), the Undersecretary of Technology, and Office of 
Technology Policy (OTP) towards manufacturing and 
competitiveness issues. Renames and refocuses TA by 
establishing a Manufacturing Administration, and Undersecretary 
of Manufacturing, and an Office of Industry Analysis. Requires 
the Manufacturing Administration to conduct broad-based 
manufacturing and technology policy analysis; coordinate with 
States, local governments, universities, on manufacturing and 
technology activities. NIST and the National Technical 
Information Service would remain a part of the Manufacturing 
Administration. (10 minutes)
    3. Peterson, John (PA)--Clarifies requirements to ensure 
that MEP centers submit audited, annual budgets and provide 
financial disclosure documents consistent with OMB 
requirements. Further, these documents must be made available 
to the public upon request. (10 minutes)
    4. Gordon--Authorizes $117 million for the Manufacturing 
Extension Partnership and 10% yearly increases for FY06-08 and 
allows the federal cost-share for MEP Centers in the FY05-08 to 
increase up to one-half on a case-by-case basis as determined 
by the Administration. (20 minutes)

                    TEXT OF AMENDMENTS MADE IN ORDER

 1. An Amendment To Be Offered by Representative Jackson-Lee of Texas, 
            or Her Designee, To Be Debatable for 10 Minutes

  In section 8(a), strike ``In any fiscal year for which 
appropriations are $106,000,000 or greater, none'' and insert 
``None''.
                              ----------                              


2. An Amendment To Be Offered by Representative Larson of Connecticut, 
            or His Designee, To Be Debatable for 10 Minutes

  In section 2(a)(1), strike ``Commerce for Technology'' and 
insert ``Commerce for Manufacturing and Technology''.
  Redesignate section 8 as section 9.
  After section 7, insert the following new section:

SEC. 8. 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 ADMINISTRATION.

  ``(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.).''.
                              ----------                              


   3. An Amendment To Be Offered by Representative John Peterson of 
     Pennsylvania, or His Designee, To Be Debatable for 10 Minutes

  Page 10, line 21, strike ``subsection'' and insert 
``subsections''.
  Page 12, after line 17, insert the following:
  ``(f) Audits.--A center that receives assistance under this 
section shall submit annual audits to the Secretary in 
accordance with Office of Management and Budget Circular A-133 
and shall make such audits available to the public on 
request.''.
                              ----------                              


4. An Amendment To Be Offered by Representative Gordon of Tennessee, or 
              His Designee, To Be Debatable for 20 Minutes

  Redesignate section 8 as section 9.
  After section 7, insert the following new section:

SEC. 8. MANUFACTURING EXTENSION CENTERS.

  (a) Manufacturing Technology Center Cost Sharing.--Section 
25(c)(5) of the National Institute of Standards and Technology 
Act (15 U.S.C. 278k(c)(5)) is amended by inserting ``, except 
that for each of fiscal years 2005 through 2008 such funding 
may be as much as a one half of such costs'' after ``Center 
under the program''.
  (b) Authorization of Appropriations.--There are authorized to 
be appropriated to the Secretary of Commerce, or other 
appropriate Federal agencies, 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) $120,600,000 for fiscal year 2005, of which not 
        more than $4,000,000 shall be for the competitive grant 
        program under section 25(e) of such Act (15 U.S.C. 
        278k(e));
          (2) $132,400,000 for fiscal year 2006, of which not 
        more than $4,100,000 shall be for the competitive grant 
        program under section 25(e) of such Act (15 U.S.C. 
        278k(e));
          (3) $145,300,000 for fiscal year 2007, of which not 
        more than $4,200,000 shall be for the competitive grant 
        program under section 25(e) of such Act (15 U.S.C. 
        278k(e)); and
          (4) $159,500,000 for fiscal year 2008, of which not 
        more than $4,300,000 shall be for the competitive grant 
        program under section 25(e) of such Act (15 U.S.C. 
        278k(e)).
In any fiscal year for which appropriations are $106,000,000 or 
greater, none of the funds appropriated pursuant to this 
subsection shall be used for a general recompetition of Centers 
established under section 25 of the National Institute of 
Standards and Technology Act (15 U.S.C. 278k).

                                  
