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United States · Law · HR

H.R. 1989 (102nd)

American Technology Preeminence Act of 1991

enactedUnited States· United States Congress· EN

Introduced

23 April 1991

Last action

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Status

Became Public Law No: 102-245.

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Source updated

14 January 2025

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Summary

American Technology Preeminence Act of 1991 - Title I: Department of Commerce Research and Technology - Technology Administration Authorization Act of 1991 - Authorizes appropriations to the Secretary of Commerce, to carry out the activities of the Under Secretary for Technology and the Assistant Secretary for Technology Policy, for: (1) Office of Under Secretary; (2) Technology Policy; (3) Japanese Technical Literature; (4) Clearinghouse on State and Local Initiatives on Productivity, Technology, and Innovation; and (5) National Technical Information Service (NTIS). Requires operating costs for certain NTIS activities to be recovered primarily through fees. Mandates a report by the Secretary to the Congress responding to a specified Inspector General's Report and containing certain information and certifications. Amends the Omnibus Trade and Competitiveness Act of 1988 and the National Defense Authorization Act for Fiscal Years 1988 and 1989 to change references to the Under Secretary for Economic Affairs to references to the Under Secretary for Technology in provisions relating to: (1) membership on the Advisory Council on Federal Participation in Sematech; and (2) the conduct of a study on Federal participation in Sematech. Authorizes appropriations to the Secretary for the National Institute of Standards and Technology (NIST) for: (1) Electronics and Electrical Measurements; (2) Manufacturing Engineering; (3) Chemical Science and Technology; (4) Physics; (5) Materials Science and Engineering; (6) Building and Fire Research; (7) Computer Systems; (8) Applied Mathematics and Scientific Computing; (9) Technology Assistance; and (10) Research Support Activities. Earmarks certain amounts. Limits funds transfers among the line items. Declares that, subject to specified exceptions, this Act contains the complete authorizations of appropriations for NIST for a specified fiscal year. Authorizes the Secretary to pay the Federal share of a pilot program under existing provisions to assist a country or countries in the development of comprehensive industrial standards. Amends the National Institute of Standards and Technology Act (NIST Act) to remove provisions limiting the amount NIST may, without specific appropriations, spend for construction or improvement of buildings or facilities. Requires: (1) NIST fire research and building technology programs to be combined for administrative purposes only, and separate budget accounts to be maintained; and (2) a report to the Congress on the combination and matters related to the two programs. Directs the Secretary, through the NIST Director, and the Administrator of the Federal Aviation Administration to jointly prepare and, subject to appropriations, carry out a plan for research to develop the fire technology and materials for an all fire resistant aircraft cabin interior. Amends the NIST Act to authorize financial assistance to U.S. citizens for research and technical activities on Institute programs. Authorizes, where shortages exist, recruitment and employment at NIST of foreign nationals admitted to the United States for permanent residence who intend to become U.S. citizens. Authorizes appropriations to the Secretary to carry out the extramural industrial technology services programs of NIST under specified provisions, to be available for: (1) Regional Centers for the Transfer of Manufacturing Technology; (2) State Technology Extension Program; and (3) Advanced Technology Program. Requires competitive merit review of extramural programs. Amends the Omnibus Trade and Competitiveness Act of 1988 to remove provisions requiring cooperative agreements between NIST and State technology extension services to expire on September 30, 1991. Authorizes appropriations to carry out the National Advisory Committee on Semiconductor Research and Development Act of 1988. Authorizes appropriations to the Secretary to make any adjustments in salary, pay, retirement, and other employee benefits which may be provided for by law. Prohibits awarding a contract or subcontract with funds authorized under this title for an article or material produced or manufactured in a foreign country whose government unfairly maintains in government procurement a significant and persistent pattern or practice of discrimination against U.S. products or services which results in identifiable harms to U.S. businesses. Makes ineligible to receive a contract or subcontract from the Department of Commerce any person who fraudulently affixes a "Made in America" label to a product. Authorizes the Secretary, in certain circumstances, to award to a domestic firm a contract that, under competitive procedures, would be awarded to a foreign firm. Title II: Advanced Technology Program Amendments - Emerging Technologies and Advanced Technology Program Amendments Act of 1991 - Amends the NIST Act to authorize the Secretary, through the Director, to make grants and enter into contracts and cooperative agreements under the Advanced Technology Program, including as a method for participating in U.S. joint research and development ventures (joint ventures). Limits the amount of any such contract or award (currently, any such contract or cooperative agreement). Replaces provisions entitling the Federal Government to a share of the licensing fees and royalty payments to a business or joint venture with provisions requiring each agreement with a business or joint venture that receives an award to specify a test for determining whether the venture is a commercial success and, if so, provide for recoupment to the Federal Government. Sets forth eligibility requirements for company participation in the Program. Requires assistance under the Program to be designed to support high risk projects with potential for eventual substantial widespread commercial application. Requires title to any intellectual property arising from assistance under the Program to vest in a company or companies incorporated in the United States. Allows the United States to retain a license in connection with such property. Allows a limited percentage of the funds appropriated for the Program to be used for standards development and technical activities by NIST in support of the purposes of the Program. Authorizes the Secretary, in carrying out NIST extramural funding programs, to retain amounts to pay for NIST's management of the programs. Title III: Amendments to the Stevenson-Wydler Technology Innovation Act of 1980 - Amends the Stevenson-Wydler Technology Innovation Act of 1980 to remove fiscal year limitations from provisions requiring that each Federal agency transfer an amount to NIST for the Federal Laboratory Consortium for Technology Transfer. Repeals provisions mandating demonstration projects in technology transfer. Adds references to intellectual property to provisions defining "cooperative research and development agreement." Amends the definition of "Federal agency" to include any agency of the legislative branch. Authorizes the Secretary to use appropriated funds to cover the cost of the Malcolm Baldrige National Quality Award program to the extent such funds are needed in excess of the funds available under specified provisions. Adds to the duties of the Secretary, through the Under Secretary for Technology, that of serving as a focal point for discussions among U.S. companies on topics of interest to industry and labor. Title IV: National Commission on Reducing Capital Costs for Emerging Technology - Establishes the National Commission on Reducing Capital Costs for Emerging Technology to develop recommendations to increase the competitiveness of U.S. industry by encouraging investments in research, the development of new process and product technologies, and the production of those technologies. Authorizes appropriations. Title V: Studies and Reports - Requires the Director of the Office of Science and Technology Policy to establish the High-Resolution Information Systems Advisory Board to monitor and foster the development of U.S.-based high-resolution information systems industries (defined as the equipment and techniques to create, store, recover, and play back high-resolution images and accompanying sound). Authorizes appropriations. Amends the National Science and Technology Policy, Organization, and Priorities Act of 1976 to mandate an annual report to the Congress on each major science and technology project in which more than one country is participating and which has a total estimated cost over one billion dollars. Modifies the required contents of the biennial national critical technologies report to the President. Allows a product or process to be considered a national critical technology if it is essential for U.S. long-term national security or economic prosperity (currently, national security and economic prosperity). Directs the Secretary to report to the Congress, with annual updates, regarding: (1) civilian industries necessary for a robust manufacturing infrastructure and critical to economic security; (2) major research and development being undertaken, and substantial investments being made, by the Federal Government in each of the critical industries; and (3) a ten-year plan of major public and private efforts needed to ensure growth and stability of each critical industry. Establishes the Commission on Technology and Procurement to analyze the effect of Federal Government procurement laws, procedures, and policies on the development of advanced technologies in the United States and to make recommendations on changing Federal policy to promote the development of advanced technologies. Authorizes appropriations. Directs the Secretary to report to specified congressional committees on the feasibility of establishing and operating a Federal Online Information Product Catalog (FEDLINE) at the National Technical Information Service (NTIS) to serve as a comprehensive inventory of information products and services disseminated by the Federal Government and assist agencies and the public in locating Federal Government information. Authorizes the NTIS Director to retain and use all monies received to fund obligations and expenses through the end of a specified fiscal year. Amends the National Technical Information Act of 1988 to add producing and disseminating information products in electronic format to the duties of the NTIS. Establishes the National Quality Council to take certain actions regarding quality performance in business, education, government, and all other sectors. Establishes in the Treasury the National Quality Performance Trust Fund to receive all funds received by the Council. Makes amounts in the Fund available to the Council without further appropriation. Prohibits the Council from accepting private donations from a single source in excess of a specified amount per year. Requires approval of two-thirds of the Council to accept donations from a single source over a certain amount per year. Amends the National Science and Technology Policy, Organization, and Priorities Act of 1976 to replace provisions establishing and setting forth the membership and functions of the Federal Coordinating Council for Science, Engineering, and Technology with provisions relating to the membership and functions of the Council and assistance to the Council by other Federal agencies. Directs the Secretary to contract with the National Research Council for a thorough review of international product testing and certification issues. Mandates a report to the Secretary, the President, and the Congress. Requires the Director of the Office of Science and Technology Policy to report to the Congress: (1) proposing a strategy for improving the university research capabilities of States which historically have received relatively little Federal research and development funding; and (2) on 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. Directs the Secretary to report to specified congressional committees regarding a plan for coordination of Commerce Department efforts with other Federal agencies concerning high-resolution information systems. Title VI: Lead Exposure Hazards - Requires NIST to recommend to the Administrator of the Environmental Protection Agency (EPA) technical criteria and implement a voluntary accreditation program with respect to laboratory analysis of lead in paint, films, soil, and dust. Requires that funds for implementing the program be provided to NIST by the EPA Administrator. Allows funds received through charges for accreditation services to be used by NIST for operating costs. Requires NIST, subject to the availability of funds, to recommend to the EPA Administrator 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 and to ensure reliable, accurate, and effective lead detection technologies. Requires NIST, subject to the availability of funds, to recommend to the EPA Administrator performance criteria and standards for lead paint encapsulants and for strippers.

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