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.
(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.
`(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.
END