[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1870 Reported in House (RH)]





                                                 Union Calendar No. 125

104th CONGRESS

  1st Session

                               H. R. 1870

                          [Report No. 104-232]

_______________________________________________________________________

                                 A BILL

 To authorize appropriations for the activities of the Under Secretary 
 of Commerce for Technology, and for Scientific and Technical Research 
  Services and Construction of Research Facilities activities of the 
 National Institute of Standards and Technology, for fiscal year 1996, 
                        and for other purposes.

_______________________________________________________________________

                             August 4, 1995

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed





                                                 Union Calendar No. 125
104th CONGRESS
  1st Session
                                H. R. 1870

                          [Report No. 104-232]

 To authorize appropriations for the activities of the Under Secretary 
 of Commerce for Technology, and for Scientific and Technical Research 
  Services and Construction of Research Facilities activities of the 
 National Institute of Standards and Technology, for fiscal year 1996, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 16, 1995

 Mrs. Morella introduced the following bill; which was referred to the 
                          Committee on Science

                             August 4, 1995

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
 [For text of introduced bill, see copy of bill as introduced on June 
                               16, 1995]

_______________________________________________________________________

                                 A BILL


 
 To authorize appropriations for the activities of the Under Secretary 
 of Commerce for Technology, and for Scientific and Technical Research 
  Services and Construction of Research Facilities activities of the 
 National Institute of Standards and Technology, for fiscal year 1996, 
                        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 ``American Technology Advancement Act 
of 1995''.

SEC. 2. AUTHORIZATION OF APPROPRIATIONS.

    (a) Under Secretary for Technology.--There are authorized to be 
appropriated to the Secretary of Commerce for the activities of the 
Under Secretary for Technology/Office of Technology Policy $5,066,000 
for fiscal year 1996.
    (b) National Institute of Standards and Technology.--There are 
authorized to be appropriated to the Secretary of Commerce for the 
following activities of the National Institute of Standards and 
Technology:
            (1) For Scientific and Technical Research and Services, 
        $275,579,000 for fiscal year 1996, of which--
                    (A) $39,628,000 shall be for Electronics and 
                Electrical Engineering;
                    (B) $19,565,000 shall be for Manufacturing 
                Engineering;
                    (C) $28,127,000 shall be for Chemical Science and 
                Technology;
                    (D) $28,082,000 shall be for Physics;
                    (E) $54,314,000 shall be for Material Science and 
                Engineering;
                    (F) $13,517,000 shall be for Building and Fire 
                Research;
                    (G) $30,704,000 shall be for Computer Systems;
                    (H) $10,964,000 shall be for Applied Mathematics 
                and Scientific Computing;
                    (I) $19,109,000 shall be for Technical Assistance;
                    (J) $28,169,000 shall be for Research Support; and
                    (K) $3,400,000 shall be for the Malcolm Baldrige 
                National Quality Program under section 17 of the 
                Stevenson-Wydler Technology Innovation Act of 1980 (15 
                U.S.C. 3711a); and
            (2) for Construction of Research Facilities, $62,055,000 
        for fiscal year 1996.

SEC. 3. NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY ACT AMENDMENTS.

    The National Institute of Standards and Technology Act (15 U.S.C. 
271 et seq.) is amended--
            (1) in section 10(a)--
                    (A) by striking ``nine'' and inserting in lieu 
                thereof ``15''; and
                    (B) by striking ``five'' and inserting in lieu 
                thereof ``10'';
            (2) in section 15--
                    (A) by striking ``Pay Act of 1945; and'' and 
                inserting in lieu thereof ``Pay Act of 1945;''; and
                    (B) by inserting ``; and (h) the provision of 
                transportation services for employees of the Institute 
                between the facilities of the Institute and nearby 
                public transportation, notwithstanding section 1344 of 
                title 31, United States Code'' after ``interests of the 
                Government''; and
            (3) in section 19, by striking ``nor more than forty'' and 
        inserting in lieu thereof ``nor more than 60''.

SEC. 4. STEVENSON-WYDLER TECHNOLOGY INNOVATION ACT OF 1980 AMENDMENTS.

    The Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 
3701 et seq.) is amended--
            (1) in section 11(i) (15 U.S.C. 3710(i))--
                    (A) by inserting ``loan, lease,'' after 
                ``department, may''; and
                    (B) by inserting ``Actions taken under this 
                subsection shall not be subject to Federal requirements 
                on the disposal of property.'' after ``education and 
                research activities.''; and
            (2) in section 17(c) (15 U.S.C. 3711a(c))--
                    (A) by striking paragraph (2);
                    (B) by redesignating paragraph (3) as paragraph 
                (2); and
                    (C) in paragraph (2), as so redesignated by 
                subparagraph (B) of this paragraph, by striking ``two'' 
                and inserting in lieu thereof ``4''.

SEC. 5. PERSONNEL.

    The personnel management demonstration project established under 
section 10 of the National Bureau of Standards Authorization Act for 
Fiscal Year 1987 (15 U.S.C. 275 note) is extended indefinitely.

SEC. 6. FASTENER QUALITY ACT AMENDMENTS.

    (a) Section 2 Amendments.--Section 2 of the Fastener Quality Act 
(15 U.S.C. 5401) is amended--
            (1) by striking subsection (a)(4), and redesignating 
        paragraphs (5) through (9) as paragraphs (4) through (8), 
        respectively;
            (2) in subsection (a)(7), as so redesignated by paragraph 
        (1) of this subsection, by striking ``by lot number''; and
            (3) in subsection (b), by striking ``used in critical 
        applications'' and inserting in lieu thereof ``in commerce''.
    (b) Section 3 Amendments.--Section 3 of the Fastener Quality Act 
(15 U.S.C. 5402) is amended--
            (1) in paragraph (1)(B) by striking ``having a minimum 
        tensile strength of 150,000 pounds per square inch'' and 
        inserting in lieu thereof ``having a minimum Rockwell C 
        hardness of 40 or above'';
            (2) in paragraph (2)--
                    (A) by inserting ``International Organization for 
                Standardization,'' after ``Society of Automotive 
                Engineers,''; and
                    (B) by inserting ``consensus'' after ``or any 
                other'';
            (3) in paragraph (5)--
                    (A) by inserting ``or'' after ``standard or 
                specification,'' in subparagraph (B);
                    (B) by striking ``or'' at the end of subparagraph 
                (C);
                    (C) by striking subparagraph (D); and
                    (D) by inserting ``or produced in accordance with 
                ASTM F 432'' after ``307 Grade A'';
            (4) in paragraph (6) by striking ``other person'' and 
        inserting in lieu thereof ``government agency'';
            (5) in paragraph (8) by striking ``Standard'' and inserting 
        in lieu thereof ``Standards'';
            (6) by striking paragraph (11) and redesignating paragraphs 
        (12) through (15) as paragraphs (11) through (14), 
        respectively;
            (7) in paragraph (13), as so redesignated by paragraph (6) 
        of this subsection, by striking ``, a government agency'' and 
        all that follows through ``markings of any fastener'' and 
        inserting in lieu thereof ``or a government agency''; and
            (8) in paragraph (14), as so redesignated by paragraph (6) 
        of this subsection, by inserting ``for the purpose of achieving 
        a uniform hardness'' after ``quenching and tempering''.
    (c) Section 4 Repeal.--Section 4 of the Fastener Quality Act (15 
U.S.C. 5403) is repealed.
    (d) Section 5 Amendments.--Section 5 of the Fastener Quality Act 
(15 U.S.C. 5404) is amended--
            (1) in subsection (a)(1)(B) and (2)(A)(i) by striking 
        ``subsections (b) and (c)'' and inserting in lieu thereof 
        ``subsections (b), (c), and (d)'';
            (2) in subsection (c)(2) by striking ``or, where 
        applicable'' and all that follows through ``section 7(c)(1)'';
            (3) in subsection (c)(3) by striking ``, such as the 
        chemical, dimensional, physical, mechanical, and any other'';
            (4) in subsection (c)(4) by inserting ``except as provided 
        in subsection (d),'' before ``state whether''; and
            (5) by adding at the end the following new subsection:
    ``(d) Alternative Procedure for Chemical Characteristics.--
Notwithstanding the requirements of subsections (b) and (c), a 
manufacturer shall be deemed to have demonstrated, for purposes of 
subsection (a)(1), that the chemical characteristics of a lot conform 
to the standards and specifications to which the manufacturer 
represents such lot has been manufactured if the following requirements 
are met:
            ``(1) The coil or heat number of metal from which such lot 
        was fabricated has been inspected and tested with respect to 
        its chemical characteristics by a laboratory accredited in 
        accordance with the procedures and conditions specified by the 
        Secretary under section 6.
            ``(2) Such laboratory has provided to the manufacturer, 
        either directly or through the metal manufacturer, a written 
        inspection and testing report, which shall be in a form 
        prescribed by the Secretary by regulation, listing the chemical 
        characteristics of such coil or heat number.
            ``(3) The report described in paragraph (2) indicates that 
        the chemical characteristics of such coil or heat number 
        conform to those required by the standards and specifications 
        to which the manufacturer represents such lot has been 
        manufactured.
            ``(4) The manufacturer demonstrates that such lot has been 
        fabricated from the coil or heat number of metal to which the 
        report described in paragraphs (2) and (3) relates.
In prescribing the form of report required by subsection (c), the 
Secretary shall provide for an alternative to the statement required by 
subsection (c)(4), insofar as such statement pertains to chemical 
characteristics, for cases in which a manufacturer elects to use the 
procedure permitted by this subsection.''.
    (e) Section 6 Amendment.--Section 6(a)(1) of the Fastener Quality 
Act (15 U.S.C. 5405(a)(1)) is amended by striking ``Within 180 days 
after the date of enactment of this Act, the'' and inserting in lieu 
thereof ``The''.
    (f) Section 7 Amendments.--Section 7 of the Fastener Quality Act 
(15 U.S.C. 5406) is amended--
            (1) by amending subsection (a) to read as follows:
    ``(a) Domestically Produced Fasteners.--It shall be unlawful for a 
manufacturer to sell any shipment of fasteners covered by this Act 
which are manufactured in the United States unless the fasteners--
            ``(1) have been manufactured according to the requirements 
        of the applicable standards and specifications and have been 
        inspected and tested by a laboratory accredited in accordance 
        with the procedures and conditions specified by the Secretary 
        under section 6; and
            ``(2) an original laboratory testing report described in 
        section 5(c) and a manufacturer's certificate of conformance 
        are on file with the manufacturer, or under such custody as may 
        be prescribed by the Secretary, and available for 
        inspection.'';
            (2) in subsection (c)(2) by inserting ``to the same'' after 
        ``in the same manner and'';
            (3) in subsection (d)(1) by striking ``certificate'' and 
        inserting in lieu thereof ``test report''; and
            (4) by striking subsections (e), (f), and (g) and inserting 
        in lieu thereof the following:
    ``(e) Subsequent Purchaser.--If a person who purchases fasteners 
for any purpose so requests either prior to the sale or at the time of 
sale, the seller shall conspicuously mark the container of the 
fasteners with the lot number from which such fasteners were taken.''.
    (g) Section 9 Amendment.--Section 9 of the Fastener Quality Act (15 
U.S.C. 5408) is amended by adding at the end the following new 
subsection:
    ``(d) Enforcement.--The Secretary may designate officers or 
employees of the Department of Commerce to conduct investigations 
pursuant to this Act. In conducting such investigations, those officers 
or employees may, to the extent necessary or appropriate to the 
enforcement of this Act, exercise such authorities as are conferred 
upon them by other laws of the United States, subject to policies and 
procedures approved by the Attorney General.''.
    (h) Section 10 Amendments.--Section 10 of the Fastener Quality Act 
(15 U.S.C. 5409) is amended--
            (1) in subsections (a) and (b), by striking ``10 years'' 
        and inserting in lieu thereof ``5 years''; and
            (2) in subsection (b), by striking ``any subsequent'' and 
        inserting in lieu thereof ``the subsequent''.
    (i) Section 13 Amendment.--Section 13 of the Fastener Quality Act 
(15 U.S.C. 5412) is amended by striking ``within 180 days after the 
date of enactment of this Act''.
    (j) Section 14 Repeal.--Section 14 of the Fastener Quality Act (15 
U.S.C. 5413) is repealed.

SEC. 7. PROHIBITION OF LOBBYING ACTIVITIES.

    None of the funds authorized by this Act shall be available for any 
activity whose purpose is to influence legislation pending before the 
Congress, provided that this shall not prevent officers or employees of 
the United States or of its departments or agencies from communicating 
to Members of Congress on the request of any Member or to Congress, 
through the proper channels, requests for legislation or appropriations 
which they deem necessary for the efficient conduct of the public 
business.

SEC. 8. LIMITATION ON APPROPRIATIONS.

    (a) Exclusive Authorization for Fiscal Year 1996.--Notwithstanding 
any other provision of law, no sums are authorized to be appropriated 
for fiscal year 1996 for the activities of the Under Secretary for 
Technology/Office of Technology Policy or the National Institute of 
Standards and Technology unless such sums are specifically authorized 
to be appropriated by this Act.
    (b) Subsequent Fiscal Years.--No sums are authorized to be 
appropriated for any fiscal year after fiscal year 1996 for the 
activities of the Under Secretary for Technology/Office of Technology 
Policy or the National Institute of Standards and Technology unless 
such sums are specifically authorized to be appropriated by Act of 
Congress with respect to such fiscal year.

SEC. 9. ELIGIBILITY FOR AWARDS.

    (a) In General.--The Director shall exclude from consideration for 
awards of financial assistance made by the Under Secretary for 
Technology/Office of Technology Policy or the National Institute of 
Standards and Technology after fiscal year 1995 any person who received 
funds, other than those described in subsection (b), appropriated for a 
fiscal year after fiscal year 1995, from any Federal funding source for 
a project that was not subjected to a competitive, merit-based award 
process. Any exclusion from consideration pursuant to this section 
shall be effective for a period of 5 years after the person receives 
such Federal funds.
    (b) Exception.--Subsection (a) shall not apply to awards to persons 
who are members of a class specified by law for which assistance is 
awarded to members of the class according to a formula provided by law.

SEC. 10. STANDARDS CONFORMITY.

    (a) Use of Standards.--Section 2(b) of the National Institute of 
Standards and Technology Act (15 U.S.C. 272(b)) is amended--
            (1) by striking ``, including comparing standards'' and all 
        that follows through ``Federal Government'';
            (2) by redesignating paragraphs (3) through (11) as 
        paragraphs (4) through (12), respectively; and
            (3) by inserting after paragraph (2) the following new 
        paragraph:
            ``(3) to compare standards used in scientific 
        investigations, engineering, manufacturing, commerce, industry, 
        and educational institutions with the standards adopted or 
        recognized by the Federal Government and to coordinate the use 
        by Federal agencies of private sector standards, emphasizing 
        where possible the use of standards developed by private, 
        consensus organizations;''.
    (b) Conformity Assessment Activities.--Section 2(b) of the National 
Institute of Standards and Technology Act (15 U.S.C. 272(b)) is 
amended--
            (1) by striking ``and'' at the end of paragraph (11), as so 
        redesignated by subsection (a)(2) of this section;
            (2) by striking the period at the end of paragraph (12), as 
        so redesignated by subsection (a)(2) of this section, and 
        inserting in lieu thereof ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(13) to coordinate Federal, State, local, and private 
        sector standards conformity assessment activities, with the 
        goal of eliminating unnecessary duplication and complexity in 
        the development and promulgation of conformity assessment 
        requirements and measures.''.
    (c) Transmittal of Plan to Congress.--The National Institute of 
Standards and Technology shall, by January 1, 1996, transmit to the 
Congress a plan for implementing the amendments made by this section.

SEC. 11. FURTHER AUTHORIZATIONS.

    Nothing in this Act shall preclude further authorization of 
appropriations for the Manufacturing Extension Partnerships program 
under sections 25 and 26 of the National Institute of Standards and 
Technology Act (15 U.S.C. 278k and 278l) for fiscal year 1996: 
Provided, That authorization allocations adopted by the Conference 
Committee on House Concurrent Resolution 67, and approved by Congress, 
allow for such further authorizations.
HR 1870 RH----2