Text: H.R.250 — 109th Congress (2005-2006)All Bill Information (Except Text)

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Referred in Senate (09/22/2005)


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[Congressional Bills 109th Congress]
[From the U.S. Government Printing Office]
[H.R. 250 Referred in Senate (RFS)]


109th CONGRESS
  1st Session
                                H. R. 250


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 22, 2005

    Received; read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 AN ACT


 
      To establish an interagency committee to coordinate Federal 
   manufacturing research and development efforts in manufacturing, 
  strengthen existing programs to assist manufacturing innovation and 
  education, and expand outreach programs for small and medium-sized 
                 manufacturers, and for other purposes.

    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 ``Manufacturing Technology 
Competitiveness Act of 2005''.

SEC. 2. INTERAGENCY COMMITTEE AND ADVISORY COMMITTEE.

    (a) Interagency Committee.--
            (1) Establishment.--The President shall establish or 
        designate an interagency committee on manufacturing research 
        and development, which shall include representatives from the 
        Office of Science and Technology Policy, the National Institute 
        of Standards and Technology, the Science and Technology 
        Directorate of the Department of Homeland Security, the 
        National Science Foundation, the Department of Energy, and any 
        other agency that the President may designate. The Chair of the 
        Interagency Committee shall be designated by the Director of 
        the Office of Science and Technology Policy.
            (2) Functions.--The Interagency Committee shall be 
        responsible for the planning and coordination of Federal 
        efforts in manufacturing research and development through--
                    (A) establishing goals and priorities for 
                manufacturing research and development, including the 
                strengthening of United States manufacturing through 
                the support and coordination of Federal manufacturing 
                research, development, technology transfer, standards, 
                and technical training;
                    (B) developing, within 6 months after the date of 
                enactment of this Act, and updating every 3 years for 
                delivery with the President's annual budget request to 
                Congress, a strategic plan, to be transmitted to the 
                Committee on Science of the House of Representatives 
                and the Committee on Commerce, Science, and 
                Transportation of the Senate, for manufacturing 
                research and development that includes an analysis of 
                the research, development, technology transfer, 
                standards, technical training, and integration needs of 
                the manufacturing sector important to ensuring and 
                maintaining United States competitiveness;
                    (C) proposing an annual coordinated interagency 
                budget for manufacturing research and development to 
                the Office of Management and Budget; and
                    (D) developing and transmitting to Congress an 
                annual report on the Federal programs involved in 
                manufacturing research, development, technical 
                training, standards, and integration, their funding 
                levels, and their impacts on United States 
                manufacturing competitiveness, including the 
                identification and analysis of the manufacturing 
                research and development problems that require 
                additional attention, and recommendations of how 
                Federal programs should address those problems.
            (3) Recommendations and views.--In carrying out its 
        functions under paragraph (2), the Interagency Committee shall 
        consider the recommendations of the Advisory Committee and the 
        views of academic, State, industry, and other entities involved 
        in manufacturing research and development.
    (b) Advisory Committee.--
            (1) Establishment.--Not later than 6 months after the date 
        of enactment of this Act, the President shall establish or 
        designate an advisory committee to provide advice and 
        information to the Interagency Committee.
            (2) Recommendations.--The Advisory Committee shall assist 
        the Interagency Committee by providing it with recommendations 
        on--
                    (A) the goals and priorities for manufacturing 
                research and development;
                    (B) the strategic plan, including proposals on how 
                to strengthen research and development to help 
                manufacturing; and
                    (C) other issues it considers appropriate.
            (3) Report.--The Advisory Committee shall provide an annual 
        report to the Interagency Committee and the Congress that shall 
        assess--
                    (A) the progress made in implementing the strategic 
                plan and challenges to this progress;
                    (B) the effectiveness of activities under the 
                strategic plan in improving United States manufacturing 
                competitiveness;
                    (C) the need to revise the goals and priorities 
                established by the Interagency Committee; and
                    (D) new and emerging problems and opportunities 
                affecting the manufacturing research community, 
                research infrastructure, and the measurement and 
                statistical analysis of manufacturing that may need to 
                be considered by the Interagency Committee.
            (4) Federal advisory committee act application.--Section 14 
        of the Federal Advisory Committee Act shall not apply to the 
        Advisory Committee.

SEC. 3. COLLABORATIVE MANUFACTURING RESEARCH PILOT GRANTS.

    The National Institute of Standards and Technology Act is amended--
            (1) by redesignating the first section 32 (15 U.S.C. 271 
        note) 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. COLLABORATIVE MANUFACTURING RESEARCH PILOT GRANTS.

    ``(a) Authority.--
            ``(1) Establishment.--The Director shall establish a pilot 
        program of awards to partnerships among participants described 
        in paragraph (2) for the purposes described in paragraph (3). 
        Awards shall be made on a peer-reviewed, competitive basis.
            ``(2) Participants.--Such partnerships shall include at 
        least--
                    ``(A) 1 manufacturing industry partner; and
                    ``(B) 1 nonindustry partner.
            ``(3) Purpose.--The purpose of the program under this 
        section is to foster cost-shared collaborations among firms, 
        educational institutions, research institutions, State 
        agencies, and nonprofit organizations to encourage the 
        development of innovative, multidisciplinary manufacturing 
        technologies. Partnerships receiving awards under this section 
        shall conduct applied research to develop new manufacturing 
        processes, techniques, or materials that would contribute to 
        improved performance, productivity, and competitiveness of 
        United States manufacturing, and build lasting alliances among 
        collaborators.
    ``(b) Program Contribution.--Awards under this section shall 
provide for not more than one-third of the costs of a partnership. Not 
more than an additional one-third of such costs may be obtained 
directly or indirectly from other Federal sources.
    ``(c) Applications.--Applications for awards under this section 
shall be submitted in such manner, at such time, and containing such 
information as the Director shall require. Such applications shall 
describe at a minimum--
            ``(1) how each partner will participate in developing and 
        carrying out the research agenda of the partnership;
            ``(2) the research that the grant would fund; and
            ``(3) how the research to be funded with the award would 
        contribute to improved performance, productivity, and 
        competitiveness of the United States manufacturing industry.
    ``(d) Selection Criteria.--In selecting applications for awards 
under this section, the Director shall consider at a minimum--
            ``(1) the degree to which projects will have a broad impact 
        on manufacturing;
            ``(2) the novelty and scientific and technical merit of the 
        proposed projects; and
            ``(3) the demonstrated capabilities of the applicants to 
        successfully carry out the proposed research.
    ``(e) Distribution.--In selecting applications under this section 
the Director shall ensure, to the extent practicable, a distribution of 
overall awards among a variety of manufacturing industry sectors and a 
range of firm sizes.
    ``(f) Duration.--In carrying out this section, the Director shall 
run a single pilot competition to solicit and make awards. Each award 
shall be for a 3-year period.''.

SEC. 4. MANUFACTURING FELLOWSHIP PROGRAM.

    Section 18 of the National Institute of Standards and Technology 
Act (15 U.S.C. 278g-1) is amended--
            (1) by inserting ``(a) In General.--'' before ``The 
        Director is authorized''; and
            (2) by adding at the end the following new subsection:
    ``(b) Manufacturing Fellowship Program.--
            ``(1) Establishment.--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--
                    ``(A) postdoctoral research fellowships at the 
                Institute for research activities related to 
                manufacturing sciences; and
                    ``(B) senior research fellowships to established 
                researchers in industry or at institutions of higher 
                education who wish to pursue studies related to the 
                manufacturing sciences at the Institute.
            ``(2) Applications.--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.
            ``(3) Stipend levels.--Under this section, the Director 
        shall provide stipends for postdoctoral research fellowships at 
        a level consistent with the National Institute of Standards and 
        Technology Postdoctoral Research Fellowship Program, and senior 
        research fellowships at levels consistent with support for a 
        faculty member in a sabbatical position.''.

SEC. 5. MANUFACTURING EXTENSION.

    (a) Manufacturing Center Evaluation.--Section 25(c)(5) of the 
National Institute of Standards and Technology Act (15 U.S.C. 
278k(c)(5)) is amended by inserting ``A Center that has not received a 
positive evaluation by the evaluation panel shall be notified by the 
panel of the deficiencies in its performance and may be placed on 
probation for one year, after which time the panel may reevaluate the 
Center. If the Center has not addressed the deficiencies identified by 
the panel, or shown a significant improvement in its performance, the 
Director may conduct a new competition to select an operator for the 
Center or may close the Center.'' after ``sixth year at declining 
levels.''.
    (b) Federal Share.--Strike section 25(d) of the National Institute 
of Standards and Technology Act (15 U.S.C. 278k(d)) and insert the 
following:
    ``(d) Acceptance of Funds.--In addition to such sums as may be 
appropriated to the Secretary and Director to operate the Centers 
program, the Secretary and Director also may accept funds from other 
Federal departments and agencies and under section 2(c)(7) from the 
private sector for the purpose of strengthening United States 
manufacturing. Such funds, if allocated to a Center or Centers, shall 
not be considered in the calculation of the Federal share of capital 
and annual operating and maintenance costs under subsection (c).''.
    (c) Manufacturing Extension Center Competitive Grant Program.--
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 
subsections:
    ``(e) Competitive Grant Program.--
            ``(1) Establishment.--The Director shall establish, within 
        the Manufacturing Extension Partnership program under this 
        section and section 26 of this Act, a program of competitive 
        awards among participants described in paragraph (2) for the 
        purposes described in paragraph (3).
            ``(2) Participants.--Participants receiving awards under 
        this subsection shall be the Centers, or a consortium of such 
        Centers.
            ``(3) Purpose.--The purpose of the program under this 
        subsection is to develop projects to solve new or emerging 
        manufacturing problems as determined by the Director, in 
        consultation with the Director of the Manufacturing Extension 
        Partnership program, the Manufacturing Extension Partnership 
        National Advisory Board, and small and medium-sized 
        manufacturers. One or more themes for the competition may be 
        identified, which may vary from year to year, depending on the 
        needs of manufacturers and the success of previous 
        competitions. These themes shall be related to projects 
        associated with manufacturing extension activities, including 
        supply chain integration and quality management, or extend 
        beyond these traditional areas.
            ``(4) Applications.--Applications for awards under this 
        subsection shall be submitted in such manner, at such time, and 
        containing such information as the Director shall require, in 
        consultation with the Manufacturing Extension Partnership 
        National Advisory Board.
            ``(5) Selection.--Awards under this subsection shall be 
        peer reviewed and competitively awarded. The Director shall 
        select proposals to receive awards--
                    ``(A) that utilize innovative or collaborative 
                approaches to solving the problem described in the 
                competition;
                    ``(B) that will improve the competitiveness of 
                industries in the region in which the Center or Centers 
                are located; and
                    ``(C) that will contribute to the long-term 
                economic stability of that region.
            ``(6) Program contribution.--Recipients of awards under 
        this subsection shall not be required to provide a matching 
        contribution.
    ``(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.''.
    (d) Programmatic and Operational Plan.--Not later than 120 days 
after the date of enactment of this Act, the Director of the National 
Institute of Standards and Technology shall transmit to the Committee 
on Science of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate a 3-year 
programmatic and operational plan 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). The plan 
shall include comments on the plan from the Manufacturing Extension 
Partnership State partners and the Manufacturing Extension Partnership 
National Advisory Board.

SEC. 6. SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES.

    (a) Laboratory Activities.--There are authorized to be appropriated 
to the Secretary of Commerce for the scientific and technical research 
and services laboratory activities of the National Institute of 
Standards and Technology--
            (1) $426,267,000 for fiscal year 2006, of which--
                    (A) $50,833,000 shall be for Electronics and 
                Electrical Engineering;
                    (B) $28,023,000 shall be for Manufacturing 
                Engineering;
                    (C) $52,433,000 shall be for Chemical Science and 
                Technology;
                    (D) $46,706,000 shall be for Physics;
                    (E) $33,500,000 shall be for Material Science and 
                Engineering;
                    (F) $24,321,000 shall be for Building and Fire 
                Research;
                    (G) $68,423,000 shall be for Computer Science and 
                Applied Mathematics;
                    (H) $20,134,000 shall be for Technical Assistance;
                    (I) $48,326,000 shall be for Research Support 
                Activities;
                    (J) $29,369,000 shall be for the National Institute 
                of Standards and Technology Center for Neutron 
                Research; and
                    (K) $18,543,000 shall be for the National 
                Nanomanufacturing and Nanometrology Facility;
            (2) $447,580,000 for fiscal year 2007; and
            (3) $456,979,000 for fiscal year 2008.
    (b) Malcolm Baldrige National Quality Award Program.--There are 
authorized to be appropriated to the Secretary of Commerce for the 
Malcolm Baldrige National Quality Award program under section 17 of the 
Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3711a)--
            (1) $5,654,000 for fiscal year 2006;
            (2) $5,795,000 for fiscal year 2007; and
            (3) $5,939,000 for fiscal year 2008.
    (c) Construction and Maintenance.--There are authorized to be 
appropriated to the Secretary of Commerce for construction and 
maintenance of facilities of the National Institute of Standards and 
Technology--
            (1) $58,898,000 for fiscal year 2006;
            (2) $61,843,000 for fiscal year 2007; and
            (3) $63,389,000 for fiscal year 2008.
    (d) Advanced Technology Program Elimination Report.--Not later than 
3 months after the date of enactment of this Act, the Secretary shall 
provide to the Congress a report detailing the impacts of the possible 
elimination of the Advanced Technology Program on the laboratory 
programs at the National Institute of Standards Technology.
    (e) Loss of Funding.--At the time of the President's budget request 
for fiscal year 2007, the Secretary shall provide the Congress a report 
on how the Department of Commerce plans to absorb the loss of Advanced 
Technology Program funds to the laboratory programs at the National 
Institute of Standards and Technology, or otherwise mitigate the 
effects of this loss on its programs and personnel.

SEC. 7. STANDARDS EDUCATION PROGRAM.

    (a) Program Authorized.--(1) As part of the Teacher Science and 
Technology Enhancement Institute Program, the Director of the National 
Institute of Standards and Technology shall carry out a Standards 
Education program to award grants to institutions of higher education 
to support efforts by such institutions to develop curricula on the 
role of standards in the fields of engineering, business, science, and 
economics. The curricula should address topics such as--
            (A) development of technical standards;
            (B) demonstrating conformity to standards;
            (C) intellectual property and antitrust issues;
            (D) standardization as a key element of business strategy;
            (E) survey of organizations that develop standards;
            (F) the standards life cycle;
            (G) case studies in effective standardization;
            (H) managing standardization activities; and
            (I) managing organizations that develop standards.
    (2) Grants shall be awarded under this section on a competitive, 
merit-reviewed basis and shall require cost-sharing from non-Federal 
sources.
    (b) Selection Process.--(1) An institution of higher education 
seeking funding under this section 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 a 
minimum--
            (A) a description of the content and schedule for adoption 
        of the proposed curricula in the courses of study offered by 
        the applicant; and
            (B) a description of the source and amount of cost-sharing 
        to be provided.
    (2) In evaluating the applications submitted under paragraph (1) 
the Director shall consider, at a minimum--
            (A) the level of commitment demonstrated by the applicant 
        in carrying out and sustaining lasting curricula changes in 
        accordance with subsection (a)(1); and
            (B) the amount of cost-sharing provided.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Commerce for the Teacher Science and 
Technology Enhancement Institute program of the National Institute of 
Standards and Technology--
            (1) $773,000 for fiscal year 2006;
            (2) $796,000 for fiscal year 2007; and
            (3) $820,000 for fiscal year 2008.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    (a) Manufacturing Extension Partnership Program.--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) $110,000,000 for fiscal year 2006, of which not more 
        than $1,000,000 shall be for the competitive grant program 
        under section 25(e) of such Act (15 U.S.C. 278k(e));
            (2) $115,000,000 for fiscal year 2007, 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)); and
            (3) $120,000,000 for fiscal year 2008, 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)).
    (b) Collaborative Manufacturing Research Pilot Grants Program.--
There are authorized to be appropriated to the Secretary of Commerce 
for the Collaborative Manufacturing Research Pilot Grants program under 
section 33 of the National Institute of Standards and Technology Act--
            (1) $10,000,000 for fiscal year 2006;
            (2) $10,000,000 for fiscal year 2007; and
            (3) $10,000,000 for fiscal year 2008.
    (c) Fellowships.--There are authorized to be appropriated to the 
Secretary of Commerce for Manufacturing Fellowships at the National 
Institute of Standards and Technology under section 18(b) of the 
National Institute of Standards and Technology Act, as added by section 
4 of this Act--
            (1) $1,500,000 for fiscal year 2006;
            (2) $1,750,000 for fiscal year 2007; and
            (3) $2,000,000 for fiscal year 2008.

SEC. 9. TECHNICAL WORKFORCE EDUCATION AND DEVELOPMENT.

    (a) Authorization of Appropriations.--There are authorized to be 
appropriated to the Director of the National Science Foundation, from 
sums otherwise authorized to be appropriated, for the Advanced 
Technological Education Program established under section 3 of the 
Scientific and Advanced-Technology Act of 1992 (42 U.S.C. 1862i)--
            (1) $55,000,000 for fiscal year 2006, $5,000,000 of which 
        may be used to support the education and preparation of 
        manufacturing technicians for certification;
            (2) $57,750,000 for fiscal year 2007, $5,000,000 of which 
        may be used to support the education and preparation of 
        manufacturing technicians for certification; and
            (3) $60,600,000 for fiscal year 2008, $5,000,000 of which 
        may be used to support the education and preparation of 
        manufacturing technicians for certification.
Funds shall be made available under this subsection, to the maximum 
extent practicable, to diverse institutions, including Historically 
Black Colleges and Universities and other minority serving 
institutions.
    (b) Amendment.--Section 3 of the Scientific and Advanced-Technology 
Act of 1992 (42 U.S.C. 1862i) is amended--
            (1) by inserting ``, including manufacturing'' after 
        ``advanced-technology fields'' each place it appears other than 
        in subsection (c)(2); and
            (2) by inserting ``, including manufacturing,'' after 
        ``advanced-technology fields'' in subsection (c)(2).

SEC. 10. KATRINA ASSISTANCE PROGRAM.

    (a) Program Establishment.-- Not later than 30 days after the date 
of enactment of this Act, the Director of the National Institute of 
Standards and Technology shall establish within the Manufacturing 
Extension Partnership program established under sections 25 and 26 of 
the National Institute of Standards and Technology Act (15 U.S.C. 278k 
and 278l) a Katrina Assistance Program, to provide assistance to 
impacted small and medium-sized manufacturers in the areas affected by 
Hurricane Katrina.
    (b) Purposes.--The Katrina Assistance Program shall--
            (1) establish triage teams, consisting of personnel from 
        within the national network of Manufacturing Extension 
        Partnership Centers established under section 25 of the 
        National Institute of Standards and Technology Act (15 U.S.C. 
        278k) and local experts, the purpose of which shall be to 
        assist impacted manufacturers;
            (2) develop virtual assistance centers, consisting of 
        databases incorporating the results and recommendations of the 
        triage team assessments;
            (3) assess the potential disruption on national 
        manufacturing supply chains as a result of Hurricane Katrina, 
        and develop recommendations of how to minimize such disruption; 
        and
            (4) provide assistance to small and medium-sized 
        manufacturers in the areas affected by Hurricane Katrina, 
        consistent with the authorities of the Manufacturing Extension 
        Partnership program established under section 25 and 26 of the 
        National Institute of Standards and Technology Act (15 U.S.C. 
        278k and 278l).
    (c) No Matching Fund Requirement.--Assistance under the Program 
established under this section shall be exempt from matching 
requirements for the Manufacturing Extension Partnership program under 
the National Institute of Standards and Technology Act.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Commerce such sums as may be necessary 
for the Katrina Assistance Program established under this section.

SEC. 11. BUILT ENVIRONMENT INVESTIGATION FOR HURRICANE KATRINA.

    (a) In General.--The Director of the National Institute of 
Standards and Technology shall carry out an engineering performance 
study of the effects of Hurricane Katrina in the areas of Louisiana, 
Alabama, and Mississippi covered by the President's major disaster 
declarations of August 29, 2005. The study shall be based on an 
examination of physical structures damaged due to excessive wind, storm 
surge, and flooding, including--
            (1) key physical infrastructures such as ports, utilities, 
        lifelines associated with infrastructure facilities, and 
        transportation systems; and
            (2) engineered and nonengineered buildings.
    (b) Purpose.--The purpose of the study shall be to--
            (1) develop new knowledge concerning practices related to 
        building standards and codes; and
            (2) review the adequacy of current building codes and 
        standards for excessive wind, storm surge, and flooding.
    (c) Meetings and Conferences.--The Director of the National 
Institute of Standards and Technology may convene public meetings and 
conferences to inform the public, government authorities, and relevant 
professional associations regarding findings and recommendations of the 
study.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to the Director of the

National Institute of Standards and Technology $3,000,000 for carrying 
out this section.

            Passed the House of Representatives September 21, 2005.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.