HR 1989 CDS
102d CONGRESS
1st Session
H. R. 1989
IN THE SENATE OF THE UNITED STATES
July 17 (legislative day, JULY 8), 1991
Received; read twice and referred to the Committee on Commerce, Science,
and Transportation
November 27 (legislative day, NOVEMBER 23), 1991
Committee discharged
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.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,

c9a973e6101249bd0912a6efb527e09db759fb63628119960d53a9d4234e1a8d

This Act may be cited as the `American Technology Preeminence Act of 1991'.

475a2d9b5a83ea4e3dcb4d2a75c0fc7058d6d26c3cde103d4a51c5e7035fd54b

This title may be cited as the `Technology Administration Authorization
Act of 1991'.

337fe60fa2f6229e173945f5034501556fe5453106371f235ac94173fb7d71be

TITLE I

-DEPARTMENT OF COMMERCE RESEARCH AND TECHNOLOGY

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 necessary to strengthen the programs
and activities of the Department of Commerce's Technology Administration
and National Institute of Standards and Technology.

7c7870dc4a2c87a4cf88c7c2fe32228c47e99d4029c7313c6d2e55c783bc04e4

(a) FISCAL YEAR 1991- There are authorized to be appropriated to
the Secretary of Commerce (hereafter in this Act referred to as the
`Secretary'), to carry out the activities of the Under Secretary for
Technology (hereafter in this Act referred to as the `Under Secretary')
and the Assistant Secretary for Technology Policy, $6,500,000 for fiscal
year 1991, which shall be available for the following line items:
(1) Office of the Under Secretary, $1,300,000.
(2) Technology Policy, $2,700,000.
(3) Japanese Technical Literature, $1,000,000.
(4) Clearinghouse on State and Local Initiatives on Productivity, Technology,
and Innovation, $1,000,000.
(5) National Technical Information Service, $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)).
(b) FISCAL YEAR 1992- There are authorized to be appropriated 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:
(1) Office of the Under Secretary, $2,000,000.
(2) Technology Policy, $4,000,000.
(3) Japanese Technical Literature, $1,500,000.
(4) Clearinghouse on State and Local Initiatives on Productivity, Technology,
and Innovation, $1,000,000.
(5) 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)).
(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 of Commerce 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 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 technical 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(c)(4)) are each amended by striking `Economic Affairs'
and inserting in lieu thereof `Technology'.

8be6a8322918a23501d544fddd0b9d3f5da315c9598dbca8b85761a50fe71393

(a) FISCAL YEAR 1991- (1) There are authorized to be appropriated to the
Secretary, to carry out the intramural scientific and technical research and
services activities of the National Institute of Standards and Technology
(hereafter in this Act referred to as the `Institute'), $166,228,000 for
fiscal year 1991, which shall be available for the following line items:
(A) Electronics and Electrical Measurements, $21,273,000.
(B) Manufacturing Engineering, $8,266,000.
(C) Chemical Science and Technology, $18,617,000.
(D) Physics, $25,552,000.
(E) Materials Science and Engineering, $26,495,000.
(F) Building and Fire Research, $9,821,000.
(G) Computer Systems, $11,819,000.
(H) Applied Mathematics and Scientific Computing, $5,847,000.
(I) Technology Assistance, $8,978,000.
(J) Research Support Activities, $29,590,000.
(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 (1)(I)--
(i) $150,000 are authorized only for the evaluation of nonenergy-related
inventions  and related technology extension activities;
(ii) $250,000  are authorized  only for Institute participation in the
pilot program established under subsection (e); and
(iii) $1,700,000 are authorized only for the Institute's management 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  technical competence  fund.
(b) FISCAL YEAR 1992- (1) There are  authorized to be appropriated 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) 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  (1)(I)--
(i) $500,000  are authorized only for the  evaluation of nonenergy-related
inventions and  related technology extension activities;
(ii) $250,000 are authorized only for Institute  participation  in the
pilot program established under  subsection (e);  and
(iii) $2,700,000 are authorized only for the Institute's management of
the extramural funding programs authorized under section 105.
(C) Of the  total amount authorized under paragraph (1)(J),  $7,565,000
are  authorized only for the technical competence fund.
(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 authorized for that line  item in such
subsection and  the Committee on  Commerce, Science, and  Transportation
of the Senate and the Committee on Science, Space, and Technology of the
House of Representatives are notified in advance of any such transfer.
(2) The Secretary may propose transfers 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  President  of the Senate,  and 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 OTHER AUTHORIZATIONS- Except  for  authorizations provided
in the Omnibus  Trade and  Competitiveness Act of 1988 (Public Law 100-418;
102 Stat.  1448)  and  the Steel and  Aluminum  Energy Conservation and
Technology Competitiveness Act of 1988 (15 U.S.C. 5101  et  seq.), this Act
contains  the complete authorizations of appropriations  for  the Institute
for fiscal year 1992. 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.' after `fiscal year 1992.
(e) PILOT PROGRAM- Pursuant to the authorizations  contained in subsections
(a)(1)(I) and (b)(1)(I),  the  Secretary is  authorized to pay the
Federal share  of the  cost of  establishing and  carrying out a 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 necessary,
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 Standards and Technology from
sources outside the Federal Government.
(f) CONSTRUCTION OF FACILITIES- Section 14 of the National Institute
of Standards and Technology Act (15 U.S.C. 278d) is amended by striking
`herein:' and all that follows, and inserting in lieu thereof `herein.'.
(g) FIRE AND BUILDING PROGRAMS- The fire research and building technology
programs of the Institute shall be combined for administrative purposes only,
and separate budget accounts for fire research and building technology
shall be maintained. No later than December 31, 1991, 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 procedures 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) AIRCRAFT FIRE RESEARCH- (1) The Secretary, acting through the Director of
the Institute, and the Administrator of the Federal Aviation Administration
shall jointly prepare a plan  for a research program to develop the
fire technology and materials necessary for the development of an all
fire resistant aircraft cabin interior. Such plan shall include funding
requirements, a brief description of the necessary research projects, and a
schedule for completion of each such research project, and shall be submitted
to the Congress within 1 year after the date of enactment of this Act.
(2) Subject to the availability of appropriations, the Secretary,
acting through the Director of the Institute, and the Administrator of
the Federal Aviation Administration shall jointly carry out the research
program described in the plan prepared under paragraph (1).
(i) EDUCATIONAL PROGRAMS- (1) Section 18 of the National Institute of
Standards and Technology Act (15 U.S.C. 278g-1)) 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 technical activities on
Institute programs.'.
(2) Section 17 of the National Institute of Standards and Technology 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 nationals who have been
lawfully admitted to the United States for permanent residence under the
Immigration and Nationality Act and who intend to become United States
citizens. Employment of a person under this paragraph shall not be subject
to the provisions 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 payment of compensation to them.'.
(j) CORE PROGRAM FUNDING- It is the sense of the Congress that the intramural
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.

21c48a25533476f7a82b0979412accbd0f4f40edd168cca647fd3635b21735ce

(a) FISCAL YEAR 1991- In addition to any sums otherwise authorized under
this Act, there are 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, 278l, and 278n), $117,000,000
for fiscal year 1991, which shall be available for the following line items:
(1) Regional Centers for the Transfer of Manufacturing Technology,
$15,000,000.
(2) State Technology Extension Program (carried out under section 5121(d)
of the Omnibus Trade and Competitiveness Act of 1988), $2,000,000.
(3) Advanced Technology Program, $100,000,000.
(b) FISCAL YEAR 1992- In addition to any sums otherwise authorized under
this Act, there are 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, 278l, and 278n), and
to carry out section 106 of this Act, $127,500,000 for fiscal year 1992,
which shall be available for the following line items:
(1) Regional Centers for the Transfer of Manufacturing Technology,
$25,000,000.
(2) State Technology Extension Program, $2,500,000.
(3) Advanced Technology Program, $90,000,000.
(4) Subsidy for technology commercialization loans under section 106 of
this Act, $10,000,000.
(c) LIMITATION- No funds are authorized under this section for any
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 Technology 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. 278l note) is amended by striking
paragraph (5).
(e) ADVISORY COMMITTEE- Section 5142(f) of the Omnibus Trade and
Competitiveness Act of 1988 (15 U.S.C. 4632(f)) is amended by striking
`and 1990' and inserting in lieu thereof `1990, 1991, and 1992'.

5aedda676504157dcffa03433169e5af2c0e23d2f5c20e3ffd032e39e71f2539

The Secretary, acting through the Director of the Institute, may make
loans, to the extent provided in section 504(b) of the Congressional Budget
Act of 1974, to small and medium size businesses eligible for assistance
under section 28 of the National Institute of Standards and Technology Act
(15 U.S.C. 278n). Loans under this section may be made to support research
and development on, and the demonstration of the commercial feasibility of,
advanced technologies and products in fields such as automation, electronics,
advanced materials,  biotechnology, and optical technologies. Loans under
this section shall be made  at an  interest rate equal to the Government
borrowing rate plus an insurance surcharge of  up to 2 percent.

3ef10edd620d57553bfbdb3bee38a0c649ba85dfe37ff42b87b700919e4a4fef

In  addition to any sums otherwise authorized by this Act, there are
authorized to be appropriated to the Secretary  for fiscal years 1991  and
1992  such additional sums  as  may be necessary to make  any adjustments
in salary, pay, retirement, and other employee  benefits which may be
provided for by law.

235d871c1a632163f41190d03aa27e8579c5621125662b2d5a871dbfc6a53ea4

(a) The Fair Packaging  and Labeling Act (15  U.S.C. 1451 et seq.)
is amended--
(1) in sections 4(a)(2), (4), and  (5), 4(b), and  5(c)(1), 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 appropriate units
of the SI metric system as the  primary system for measuring quantity'
after `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 measure, and  that contains' in clause
(i);
(B) by inserting `that also displays the avoirdupois system of measure'
after `random package' in clause (ii);
(C) by inserting `that also displays the avoirdupois system of measure'
after `linear measure' in clause (iii); and
(D) by inserting `that also displays the avoirdupois system of measure'
after `measure of area' in clause (iv).
(b) This section shall take effect 2 years after the date of enactment of
this Act.

0b83f881afa972be4186efd42072d26f2c79e67224b21b3d883440e41699f871

(a) TRANSFER- The head of each Federal executive department or agency
shall transfer in a timely manner to the National Technical Information
Service unclassified scientific, technical, and engineering information
which results from federally funded research and development activities  for
dissemination to the private sector, academia,  State and local governments,
and Federal agencies. Only information which would otherwise be available
for public dissemination shall be transferred under this subsection. Such
information shall include technical reports and information, computer
software, application assessments generated pursuant to section 11(c)
of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C.
3710(c)), and information regarding training technology and other federally
owned or originated technologies. The Secretary of Commerce  shall issue
regulations within one year after the date of enactment of this Act
outlining procedures for the ongoing transfer of such information to the
National Technical Information Service.
(b) ANNUAL REPORT TO CONGRESS- As part of the annual report required under
section 212(f)(3) of the National Technical Information Act  of  1988, the
Secretary of Commerce  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) plans for improving public  access to Federal scientific and technical
information; and
(4) recommendations for legislation necessary to improve public access to
Federal scientific and technical information.

7b10cb3750802bd76b50738a005989f36f21ae3efaf0c055d1b4f5b6cbedab5b

Appropriations made under the authority provided in this Act shall remain
available for obligation, for expenditure, or for obligation and expenditure
for periods specified in the Acts making such appropriations.

69a64f63f2389097633827ee469f489dd3ea4dcb67b6463db43e503c0f923a2f

(a) RESTRICTIONS ON CONTRACT AWARDS- No contract or subcontract made with
funds authorized under this title may be awarded for the procurement of
an article, material, or supply produced or manufactured in a foreign
country whose  government unfairly maintains in  government procurement 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)(1)(A) 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 AMERICA' 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 the title  48,
Code of Federal Regulations.
(c) BUY-AMERICAN REQUIREMENT- (1) The Secretary is authorized 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 consideration
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 considerations require otherwise; or
(C) the  President determines that such an award would  be  in violation of
the General Agreement on Tariffs and Trade  or an international 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  January 1, 1993, shall report to the Congress
on  contracts  covered under this subsection--
(A) entered into with foreign firms pursuant to a  determination 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).

942a0e17f3d5fec2ea528303fc2bf6e2612f73ee33bb2939f0d3ac1016575997

(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 vital to both  the national security and  the  economic  well-being
of  the  United  States;
(C) the Department 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  billion United
States  market and  $1 trillion world market  expected to develop  by the
year  2000  for products based on emerging  technologies;
(D) it is in  the national interest  for  the Federal Government 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 technology;
(E) joint ventures are a particularly effective and  appropriate  way
to pool resources to conduct research  that no single company is likely
to undertake 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 attains a leadership
role and capability in development, design, and manufacturing in fields
such as high-resolution information systems, advanced manufacturing,
and  advanced  materials; and
(G) the Advanced Technology Program, established  under section  28  of
the National Institute of Standards and Technology 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 information
systems, advanced manufacturing technology, and advanced materials, and
can  help encourage United States industry to work together on  problems
of mutual concern.
(2) The purposes of this section are--
(A) to strengthen  the Advanced Technology Program created under section 28
of the National Institute of Standards 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 contained  in section
105 of this Act;
(B) to promote and assist  in the  development of advanced  technologies
and  the  generic application of such technologies to civilian products,
processes, and  services;
(C) to improve  the competitive position of  United States industry by
supporting  industry-led  research and  development  projects in areas
of emerging technology which have substantial potential to advance the
economic well-being and national security of the  United States, such as
high-resolution information systems, advanced manufacturing technology,
and advanced materials; and
(D) to support projects that range from idea  exploration  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 yield important benefits
to the Nation.
(c) ADVANCED TECHNOLOGY PROGRAM- Section 28 of the National Institute of
Standards and  Technology Act (15 U.S.C.  278n) is amended--
(1) in subsection (b)(1)(B), by inserting `through grants, cooperative
agreements, or contracts' after `in such joint ventures';
(2) in subsection (b)(2)--
(A) by inserting `provide grants to and' before `enter into contracts'; and
(B) by striking `, and with independent research organizations';
(3) by amendment subsection (d)(2) to read as follows:
`(2) In the case of joint ventures, the Program shall not make an award
unless the award will facilitate the formation of  a joint venture or
the initiation of a new research and  development  project by an existing
joint venture.';
(4) in subsection (d)(3), by  striking `cooperative  agreement' both places
it appears and inserting in lieu thereof  `award';
(5) by amending subsection (d)(7) to read  as follows:
`(7) Each agreement  with  any business or joint venture that receives an
award under this  section shall  specify a  test, as  mutually  agreed
to by the Secretary and  the recipient, for  determining  whether  the
venture or  project  shall be  deemed to  have been a  commercial success
and providing that in such event  there will be  appropriate recoupment to
the Federal Government. Such  recoupment  shall  not  exceed the principal
amount, with  reasonable  interest,  of  any monetary awards provided to
such recipient  under  the  Program. The Secretary shall issue regulations
establishing guidelines for agreement provisions stating  the  circumstances
under which a venture or project  will be found to be  a commercial  success
and  the  general procedures  and  terms  for  recoupment  in  such cases.';
(6) by adding at the end  of  subsection  (d)  the  following new paragraphs:
`(10) 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
would 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 components
or subassemblies in the  United States);  significant  contributions
to employment in the United States; and agreement  with respect to
any technology  arising from assistance provided under this section to
promote the manufacture within the United States of products  resulting
from that technology (taking into account the goals  of promoting 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 company; or
`(ii) the  Secretary finds that the company is incorporated in the United
States and has a parent company which is incorporated in a country which
affords to  United States-owned  companies opportunities, comparable to
those afforded  to any other company, to participate in any joint venture
similar to those authorized under this Act; affords to United States-owned
companies  local investment opportunities  comparable to those afforded
to any other company; and  affords  adequate  and  effective  protection
for the  intellectual property rights  of United States-owned companies.
`(11) Grants,  contracts, and cooperative agreements  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 and  development  entity shall demonstrate to the
Secretary the requisite  ability in research and technology development
and  management in the project area in which the  grant, contract,  or
cooperative  agreement is being sought.
`(12)(A) Title to any intellectual property arising  from assistance 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 proprietary 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  expiration
of the first  patent obtained in connection with such intellectual property.
`(B) For purposes 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 assistance
provided under this section.';
(7) by amending subsection (e) to read as follows:
`(e) The Secretary may, 30 days after notice to Congress, suspend a company
or joint venture from receiving continued assistance under this section if
the  Secretary determines that the company, the country of incorporation
of  the company or a parent company, or the  joint venture has failed to
satisfy any of the criteria set forth in subsection (d)(10), and that it
is in the  national interest  of the United States to do  so.'; and
(8) by inserting  after subsection  (e) the  following new subsections:
`(f) When reviewing private  sector requests for Department of Commerce
assistance  to proposed  joint ventures, and when monitoring the progress of
assisted joint ventures, the Secretary shall,  as  appropriate, coordinate
with the Secretary of  Defense  and other senior Federal officials to ensure
cooperation and  coordination in  Federal technology programs and to avoid
unnecessary duplication  of effort. The Secretary  is  authorized to work
with the Secretary of  Defense and other appropriate Federal officials to
form interagency working groups or special project  offices to coordinate
Federal technology activities.
`(g) In order to analyze  the need for and value of joint  ventures in
specific technical fields, to evaluate  any  joint  ventures requesting
the Secretary's assistance, or to monitor the progress of any joint venture
which receives Federal funds  pursuant to the  authorizations contained
in this section,  the Secretary, the Under Secretary, and  the  Director
may organize and seek advice from such industry advisory committees 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 and technical activities by
the  Institute  in  support of  the purposes of  this section.
`(i) As used in this section--
`(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 systems, 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 biotechnology, and materials
production technologies,  including coated systems, that provide the
potential for significant advantages over  existing materials;
`(4) the term `joint venture' means  any group of  activities, including
attempting to make, making, or performing a contract, by two or more
persons for the purpose of--
`(A) theoretical  analysis, experimentation, or  systematic  study of
phenomena or observable facts;
`(B) the development or testing of basic  engineering techniques;
`(C) the extension of investigative finding or theory of  a  scientific
or technical nature into practical application for experimental and
demonstration purposes, including the experimental  production and testing
of models, prototypes,  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 subparagraphs (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 venture; and
`(5) the term `United States-owned company' means a company that has
majority ownership or control by individuals who are citizens of  the
United  States.'.
(d) EFFECTIVE DATE- The amendments in subsection (c) shall take effect
immediately upon enactment; however, the  amendments  shall not apply
to applications submitted in response to the Federal Register Invitation
for Proposals dated July 24, 1990, or awards or other assistance granted
pursuant to that notice.
(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 extramural 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.'.
(f) COMPREHENSIVE REPORT- The Secretary  of Commerce shall, not later than
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 Technology Act (15 U.S.C. 278n),
including  any activities  in the areas of high-resolution information
systems, advanced manufacturing technology, and advanced materials.
OF  1980

c2fced0644c7beb109d300227bb4edf6e5b34ea10ff269e6c5ae6be2a5b1e8b4

TITLE II

-ADVANCED  TECHNOLOGY PROGRAM AMENDMENTS

(a) Section 11(e)(2)  of the Stevenson-Wydler Technology Innovation Act
of 1980  (15 U.S.C. 1310(e)(2))  is amended by inserting `senior' after
`Consortium and a'.
(b) Section 11(e)(6) of the Stevenson-Wydler Technology Innovation Act of
1980 (15 U.S.C. 1310(e)(6)) is amended by adding at the end the following:
`Such report shall include an annual independent audit of the financial
statements of the Consortium, conducted in accordance with generally
accepted accounting principles.'.
(c) Section 11(e)(7)(B)(ii) of the Stevenson-Wydler Technology Innovation
Act of 1980 (15 U.S.C. 1310(e)(7)(B)(ii)) 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  Innovation  Act
of 1980 (15  U.S.C.  3710(e)(8))  is repealed.

b610e15ea2792a8f889b7b6877dd8939913631d73c521b3998e07853ae604c18

TITLE III

-AMENDMENTS TO THE STEVENSON-WYDLER  TECHNOLOGY  INNOVATION  ACT

(a) Section 12(d)(1)  of the  Stevenson-Wydler  Technology Innovation  Act
of  1980  (15  U.S.C.  3710a(d)(1))  is amended by  inserting `intellectual
property,'  after `equipment,' both places it  appears.
(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.

e7a749a35917e1e8393d3e4558544cb1de7e0e19a5fb9b8bad9e283da456f6a8

Section 11 of the Stevenson-Wydler Technology Innovation  Act of 1980  (15
U.S.C.  3710)  is amended by adding at the end the following new  subsection:
`(i) RESEARCH EQUIPMENT- The Director  of a  laboratory,  or  the  head
of any 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  organization for  the  conduct of
technical  and  scientific education  and  research activities. Title  of
ownership shall  transfer with a gift  under  the  section.'.

a9ecda2bc7c9b48ea4d69ae8df820b5ec28c99b41de4c49f090973f1a9e889cd

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 Government' after `of  such title'.

191625c7f2abf855fa1c315fe993d0cf291392d38d0226a08e458e951523aea5

The  Secretary is  authorized to use appropriated funds to cover the costs
of  salaries  and  associated benefits of  the employees who administer
the Malcolm Baldridge  National Quality Award  program  to the extent such
funds are  needed in addition to the funds specified under  section 17(f)
of the Stevenson-Wydler  Technology Innovation  Act  of  1980  (15  U.S.C.
3711a(f)).

42521db0e9dc6f63220d388c1672c390211b4df4fc31aa1f5df4ff59f0449367

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 paragraph:
`(13) serve as a focal point for discussions among United States companies
on topics of interest to industry and labor, including discussions regarding
manufacturing and discussions regarding emerging  technologies;'.

b7b9ee28f22ed1053387bdb64c9cb00b70599b29a170fa64d5a49a676e515df7

TECHNOLOGY.
(a) ESTABLISHMENT AND PURPOSE- There is established  a  National Commission
on Reducing  Capital Costs for Emerging Technology (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  investments in  research, the development of new process
and 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,  and 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 and inhibit the  availability of capital to
fund research and development,  purchase advanced manufacturing equipment,
and fund other investments necessary to commercialize advanced technology?
(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 companies?
(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 are  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 shall be the
Vice President and  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  Representatives.
(C) 3  individuals appointed by the President pro tempore of the Senate,
2 of whom shall be appointed upon the recommendation of the majority leader
of the  Senate  and  1 of whom  shall 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 Commissions 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  Commission  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 appropriate, with the
Commission  on  Technology and  Procurement established by section 504
of this  Act.
(g) TERMINATION- The Commission shall terminate 6 months  after the
submission of its report under  subsection (e).
(h) AUTHORIZATION OF APPROPRIATIONS- There are  authorized to be appropriated
to carry out this section such sums as may be necessary for the fiscal
years 1991 and 1992.

b1515193ce2a49aea1c567a94b42900af5f0a8aa76796e4ffd74587247fac51b

TITLE IV

-NATIONAL COMMISSION ON REDUCING CAPITAL COSTS FOR EMERGING TECHNOLOGY

(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 (hereafter in this section referred to
the  `Board') to monitor  and,  as  appropriate, foster the development
of United States-based high-resolution information systems industries.
(b) DEFINITION- As used in this title, the term `high-resolution informations
systems'  means  the  equipment and techniques required to create, store,
recover, and play back high-resolution images and accompanying sound.
(c) FUNCTIONS- The board  shall--
(1) collect  and analyze information on the range of factors which will
determine whether United States-based high-resolution information systems
industries will develop and become competitive;
(2) identify areas where appropriate cooperation between  the Federal
Government  and the private sector, including Government support for
industry-led joint research and development ventures, would enhance United
States  industrial competitiveness 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 and the transfer of  federally-funded
research, are necessary to help establish United States-based high-resolution
information systems industries;
(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 systems into  commercial products;  and
(5) generally develop recommendations for guiding 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 and  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 members of the Board.
(C) The President, acting through the Director of the Office of  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,
consumer electronics,  and  telecommunications, with 1 member also
representing  labor;
(ii) 3 members from  the private  nonmanufacturing sector, including
1 representative  from the transmission delivery systems 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 chairman 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 necessary 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 regular  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
after its establishment to the President, the Committees on Science, Space,
and Technology and on Energy and Commerce of the House of Representatives,
and 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 guidance
with respect to standards or other regulations or policies related to
the transmission, delivery, or receipt of broadcast television or cable
television signals subject to regulation 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 the authorities, functions,
or responsibilities of the Federal Communications Commission or the National
Telecommunications and Information 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 1991 and 1992.

77d5e4d0e65eec887cff34a3f7982a5ea33ee329265c230d0f8350f8595d6064

TITLE V

-STUDIES AND  REPORTS

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
`Sec. 209. The Director shall identify and provide an annual report to
Congress on each major multinational science and technology project, in
which the United States is not a participant, which has  a total estimated
cost greater than $1,000,000,000.'.

2b0484d75d6dcaa544cf550a5eef56aaa13ae6d2d7dcbc1cde4a765ec54a4984

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  during  the 10-year
period following  such report,  together  with the  estimated current and
future size of domestic  and  international 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 subsection:
`(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  technology base
of  the  United  States,  as  compared with the technology bases  of major
trading  partners;  and
`(2) a list of the  technologies  and  markets  targeted by major  trading
partners for development or  capture.'.

dc8437d84a03bf8d676032656c595f9c3ff31c3a6802abd8dc7c62d25e49aee5

(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 infrastructure  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 Government,
including its  research laboratories, in each  of  the  critical industries
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.

70e6e08d6a66d3a9921ee01476765f9df3fa6fa57a195ff5ad5c94f07a3cb394

PROCUREMENT POLICY.
(a) ESTABLISHMENT OF COMMISSION- The Secretary, in consultation with the
Administrator of the Office of Federal Procurement Policy, shall establish
a Commission on Technology and Procurement (hereafter in this section
referred to as the `Commission'), for the purposes of analyzing the effect
of Federal Government procurement laws, procedures, and policies on the
development of advanced technologies within the United States and making
recommendations on how Federal policy could be changed to promote further
the development of advanced technologies.
(b) ISSUES- The Commission shall address the following issues:
(1) To what extent, if any, should Federal Government technology purchase
strategies be used to give domestic suppliers a competitive advantage in
new generations of existing technologies and in initial 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, practices, and
procedures be used as a strategic tool to foster the use of emerging
technologies?
(4) How can the Federal Government 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 easily marketed on a commercial basis? Should a program
for the exchange of technical personnel to foster innovation in product
development be part of such practices?
(6) To what extent, if any, should Federal Government documents specify
standards that are beneficial to domestic suppliers, 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) To what extent should worldwide, state of the art technology be required
in Federal 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 Technology Policy, the
Secretary of Defense, and the Administrator of General Services, or their
designees who serve in executive level positions, shall serve as members
of the Commission.
(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
manufacturing 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
Procurement 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 staff as may be required by the Commission to
carry out its responsibilities.
(6) Members of the Commission, other than full-time employees of the
Federal Government, while attending meetings of the Commission or otherwise
performing duties of the Commission 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.
(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 recommendations with respect to the issues addressed
under subsection (b).
(2) The Commission shall, within 2 years after the date of enactment of this
Act, submit to the Secretary and Congress a final report containing final
recommendations with respect to the issues addressed under subsection (b).
(e) CONSULTATION- The Commission shall consult, as appropriate, with the
National Commission on Reducing Capital Costs for Emerging Technology.
(f) TERMINATION- The Commission shall terminate 6 months after the submission
of its final report under subsection (d)(2).
(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 1991, and 1992, and 1993.

f4d616b0aec1504ac5d86e38863ef1802bad8909f6b998dc288dd1e0de465c78

(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 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
inventory 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 studying 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 and operating
FEDLINE and shall list any changes in law and regulation that would be
required 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
advanced payments and deposits, to fund obligations and expenses through
the end of fiscal year 1992.
(c) ELECTRONIC FORMAT- Section 212(e)(5) of the National Technical
Information Act of 1988 (15 U.S.C. 3704b(e)(5)) is amended by inserting `,
including producing and disseminating information products in electronic
format' after `engineering information'.

8b532665f6f4da446adcb04fd517b26d84864f232a7e3103514afb4df64485a9

(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 performance 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 government, 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 organizations; and
(4) to conduct an annual White House Conference on Quality Performance
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 nor more
than 20 members, appointed by the President of the United States by and
with the advice and consent of the Senate. 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 national Quality
not-for-profit organizations;
(4) two representatives from education, one with expertise in elementary
and secondary education, and one with expertise in post-secondary education;
(5) one representative 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 Standards 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
under paragraphs (1) through (7) of subsection (b) shall be 2 years,
except that when making the initial appointments under such paragraphs;
the President 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 President shall designate one of
the members initially appointed to the Council as Chairman. Thereafter,
the members of the Council shall annually elect one of their number as
Chairman. The members of the Council shall also 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 Council 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 carrying out its functions. In hiring such additional employees,
the Executive Director 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 donations from
a single source in excess of $25,000 per year. Private donations from a
single source in excess of $10,000 per year may be accepted by the Council
only on approval of two-thirds of the Council.
(h) ANNUAL REPORT- The Council shall annually submit to the President and
the Congress a comprehensive and detailed report on--
(1) the progress in meeting the goals and priorities established by the
Council;
(2) the Council's operations, activities, and financial condition;
(3) contributions to the Council from non-Federal sources;
(4) plans for the Council's operations and activities for the future; and
(5) any other information or recommendations the Council considers
appropriate.

88034ffd5886ada6e195b2007484cf1013a448010d763718a09b0bd99b6ffcfd

(a) CONTRACT WITH NATIONAL RESEARCH COUNCIL- Within 90 days after the
date of enactment of this Act and within available appropriations, the
Secretary shall enter into a contract with the National Research Council
for a thorough review of international product testing and 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 manufacturers, testing and certification
laboratories, certification organizations, and other affected bodies of
the European Community's plans for testing and certification of regulated
and nonregulated products of non-European origin.
(2) Ways for United States manufacturers to gain acceptance of their products
in the European Community and in other foreign countries and regions.
(3) The feasibility and consequences of having mutual recognition agreements
between testing and certification organizations 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 acceptance and conformity
assessment mechanisms between the United States and foreign governments.
(5) The appropriate Federal, State, and private roles in coordination and
oversight of testing, certification, accreditation, and quality control
to support national 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,
small 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 President, and
Congress within 18 months after the Secretary signs the contract with the
National Research Council.

8e64e070ac038332dbe59a98226baf413a4c9bdc6b1f4f6601e8e3fbbe8d8bc2

(a) IN GENERAL- No later than 120 days after the date of enactment 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
university research capabilities of those States which historically have
received relatively little Federal research and development funding. The
report shall particularly discuss the feasibility and advisability of
using the National Science Foundation's Experimental Program to Stimulate
Competitive Research as a model for similar programs in other Federal
departments and agencies which fund research and development.
(b) ANALYSIS AND DISCUSSION- The report shall include an analysis and
discussion of--
(1) the geographic distribution of Federal research and development 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.

f2b40bc5b207f2ab8d14aa8fc100e8b61457e9188b0706e92d5418bd763734a6

The Secretary shall, within 180 days after the date of enactment of this
Act, submit to the Committee on Science, Space, and Technology 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.

b2b58722ac420047f4a7695a60233b2ed4fbd959ac6bf61024b1f91fe6a65c6d

The Congress finds that--
(1) lead is a naturally occurring element which has been used in a variety
of industrial applications including radiation shields, storage batteries,
paint, and gasoline;
(2) 1 in 6 United States children are victims of lead poisoning, according
to the Agency for Toxic Substances and Disease Registry;
(3) lead poses a significant environmental health problem since adverse
effects have been conclusively demonstrated at relatively low exposures;
(4) lead exposures to children under age 7 are of greatest concern because of
its association with significant neurotoxic effects, including reduction in
intelligence, attention span deficits, and reading and learning disabilities;
(5) a primary cause of childhood lead poisoning is lead-based paint and
dust in homes;
(6) past efforts to abate lead-based paint have relied on methods which
endangered workers and often resulted in more available lead dust for the
occupants; and
(7) improving methods for testing and abating lead-based paint offers
a highly cost effective means of reducing exposures and thus preventing
childhood lead poisoning.

c3ee6467ea31b245c94ab047f555ddfabb2f6e6cf02cdba62452eca64661a86a

TITLE VI

-LEAD EXPOSURE HAZARDS

The National Institute of Standards and Technology shall, within 18 months
after the date of enactment of this Act, recommend to the Administrator
of the Environmental Protection Agency technical criteria and implement
a voluntary accreditation program with respect to laboratory analysis of
lead in paint films, soil, and dust. Funds required for implementing such a
voluntary accreditation program shall be provided to the National Institute
of Standards and Technology by the Administrator of the Environmental
Protection Agency. Funds received through fees and other charges for
accreditation services under such program may be used by the National
Institute of Standards and Technology for operating costs of the program.

0c2092779c983cc4e9f72a3614fe85b342a312d985b2d28565f461bd54fcb81f

Subject to the availability of funds, the National Institute of Standards
and Technology shall, within 2 years after the date of enactment of
this Act, recommend to the Administrator of the Environmental Protection
Agency protocols, criteria, reference materials, and minimum performance
standards to be used in the evaluation of emerging products and techniques
for detecting lead in paint films and dust, including x-ray fluorescent
devices, on-site chemical spot testers, and laboratory methods, and to
ensure reliable, accurate, and effective lead detection technologies.

dc44caf29f5f133bb52a936a6dd073d4efdb3838a0337b4f2e8da7e7d072d0dd

Subject to the availability of funds, the National Institute of Standards
and Technology shall recommend to the Administrator of the Environmental
Protection Agency performance criteria and standards for lead paint
encapsulants and for strippers within 2 years after the date of enactment
of this Act.
Passed the House of Representatives July 16, 1991.
Attest:
DONNALD K. ANDERSON,
Clerk.
HR 1989 CDS----2
HR 1989 CDS----3
HR 1989 CDS----4
HR 1989 CDS----5
HR 1989 CDS----6

c5e9c8fdbab5e6aa5c4b066433b16a8dda124f768aea36e3217fb7f940a03841

Technology Administration Authorization Act of 1991 — HR. 1989

Other Sections