[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1141 Introduced in Senate (IS)]







104th CONGRESS
  1st Session
                                S. 1141

 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 years 1996, 
                1997, and 1998, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

               August 9 (legislative day, July 10), 1995

Mr. Pressler (for himself and Mr. Burns) introduced the following bill; 
    which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 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 years 1996, 
                1997, and 1998, 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 ``Technology Administration 
Authorization Act of 1995''.

SEC. 2. AUTHORIZATION OF APPROPRIATIONS.

    (a) Under Secretary for Technology.--(1) There are authorized to be 
appropriated to the Secretary of Commerce for the activities of the 
Under Secretary for Technology/Office of Technology Policy $5,000,000 
for fiscal year 1996.
    (2) With the Fiscal Year 1997 budget submission for the Department 
of Commerce, the Secretary of Commerce shall submit to Congress a 
strategic plan for phasing out the Office of Technology Policy during 
fiscal year 1996 by eliminating nonessential functions and transferring 
any essential functions to the National Institute of Standards and 
Technology.
    (b) National Institute of Standards and Technology.--For each of 
fiscal years 1996, 1997, and 1998, 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, 
        $263,000,000.
            (2) For Industrial Technology Services, $427,000,000, but 
        no appropriations are authorized for Advanced Technology 
        Program grants awarded after October 1, 1995.
            (3) For Construction of Research Facilities, $60,000,000.

SEC. 3. EXPERIMENTAL PROGRAM TO STIMULATE COMPETITIVE TECHNOLOGY.

    The National Institute of Standards and Technology Act (15 U.S.C. 
271 et seq.) is amended by redesignating section 31 as section 32 and 
by inserting after section 30 the following:

                    ``COMPETITIVE TECHNOLOGY PROGRAM

    ``Sec. 31. (a) Findings.--Congress finds that--
            ``(1) it is in the National interest for the federal 
        government to take appropriate steps in order to strengthen the 
        competitiveness of research institutions and industry in our 
        rural and less populous states that historically have not been 
        included as full partners in the federal research and 
        development enterprise;
            ``(2) the research institutions in our rural and less 
        populous states represent a valuable and productive research 
        and technological base that has generated important 
        breakthrough advances in science and technology and helped 
        boost the Nation's economy;
            ``(3) as part of its mission to help increase U.S. 
        competitiveness, the National Institute of Standards and 
        Technology (NIST) of the Department of Commerce, has an 
        important role in strengthening and broadening the research and 
        technology base in our rural and less populous states;
            ``(4) the Experimental Program to Stimulate Competitive 
        Research (EPSCOR) at the National Science Foundation and 
        similar programs at the National Aeronautics and Space 
        Administration and other federal science agencies have been 
        extremely successful in strengthening the research base of our 
        rural and less populous states by funding, on a competitive, 
        peer-reviewed basis, research grant proposals from those 
        states; and
            ``(5) the establishment at NIST of a program based on the 
        EPSCOR concept would both build on the progress of the other 
        federal agencies' EPSCOR activities and further broaden the 
        Nation's scientific and technology base to embrace the quality 
        research institutions in rural and less populous states.
    ``(b) Policy.--It is the policy of the United States that--
            ``(1) NIST should conduct appropriate programs and 
        activities to strengthen and broaden the Nation's scientific 
        and technology capabilities and infrastructure;
            ``(2) NIST should develop programs and activities to 
        support research efforts in our rural and less populous states 
        to enhance U.S. industrial competitiveness; and
            ``(3) such programs and activities should be coordinated 
        and made consistent with the Experimental Program to Stimulate 
        Competitive Research at the National Science Foundation and 
        similar programs at other federal science agencies.
    ``(c) Requirements.--
            ``(1) Competition.--Through the National Institute of 
        Standards and Technology, the Secretary of Commerce shall 
        establish an Experimental Program to Stimulate Competitive 
        Technology (EPSCOT). EPSCOT shall provide grants on a 
        competitive and peer-reviewed basis to qualified institutions 
        in eligible States. Such grants shall be awarded for any 
        purpose consistent with and in furtherance of the mission of 
        the Institute including, but not limited to, research, 
        technology transfer, outreach activities, economic development, 
        and education. In evaluating a grant application under
         EPSCOT, the Secretary of Commerce shall consider--
                    ``(A) the application's merit and relevance to 
                mission of the Institute;
                    ``(B) the potential for the grant to serve as a 
                catalyst to enhance the ability of researchers in the 
                State to become more competitive for regular civilian 
                research funding;
                    ``(C) the potential for the grant to improve the 
                environment for science, mathematics, and engineering 
                education in the State; and
                    ``(D) the need to assure the maximum distribution 
                of grants among eligible States, consistent with merit.
            ``(2) Supplemental Grants.--The Secretary of Commerce shall 
        endeavor, where appropriate, to supplement grants made under 
        subsection (a) with such grants for fellowships, traineeships, 
        equipment, or instrumentation as practicable.
            ``(3) Definitions.--For the purposes of this section--
                    ``(A) the term `qualified institutions' means small 
                and medium-sized companies, colleges, universities, 
                not-for-profit institutions, local and state 
                governments, individuals with a record of achievement 
                in science and technology, and any other persons or 
                entities deemed qualified by the Secretary of Commerce, 
                but not large companies and
                    ``(B) the term `eligible states' means a State 
                designated as eligible to compete in the National 
                Science Foundation's Experimental Program to Stimulate 
                Competitive Research.
    ``(e) Authorization of Appropriations.--To implement EPSCOT and any 
related activities, the Secretary of Commerce shall ensure that up to 
$10,000,000 from the appropriations authorized for the Industrial 
Technology Services account at the National Institute of Standards and 
Technology are used for purposes of establishing and developing an 
Experimental Program to Stimulate Competitive Technology Research at 
the agency.''.

SEC. 4. ELIMINATION OF NATIONAL QUALITY COUNCIL.

    Section 507 of the American Technology Preeminence Act of 1991 (15 
U.S.C. 3717) is hereby repealed.

SEC. 5. 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) by striking ``by lot number'' in subsection (a)(7), as 
        so redesignated by paragraph (1) of this subsection; and
            (3) by striking ``used in critical applications'' in 
        subsection (b) and inserting ``in commerce''.
    (b) Section 3 Amendments.--Section 3 of the Fastener Quality Act 
(15 U.S.C. 5402) is amended--
            (1) by striking ``having a minimum tensile strength of 
        150,000 pounds per square inch'' in paragraph (1)(B) and 
        inserting ``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) by striking ``other person'' in paragraph (6) and 
        inserting ``government agency'';
            (5) by striking ``Standard'' in paragraph (8) and inserting 
        ``Standards'';
            (6) by striking paragraph (11) and redesignating paragraphs 
        (12) through (15) as paragraphs (11) through (14), 
        respectively;
            (7) by striking ``, a government agency'' and all that 
        follows through ``markings of any fastener'' in paragraph (13), 
        as so redesignated, and inserting ``or a government agency''; 
        and
            (8) by inserting ``for the purpose of achieving a uniform 
        hardness'' in paragraph (14), as so redesignated, after 
        ``quenching and tempering''.
    (c) Section 4 Repeal.--Section 4 of the Fastener Quality Act (15 
U.S.C. 5404) is repealed.
    (d) Section 5 Amendments.--Section 5 of the Fastener Quality Act 
(15 U.S.C. 5404) is amended--
            (1) by striking ``subsections (b) and (c)'' in subsection 
        (a)(1)(B) and (2)(A)(i) and inserting ``subsections (b), (c), 
        and (d)'';
            (2) by striking ``or, where applicable'' and all that 
        follows through ``section 7(c)(1)'' in subsection (c)(2);
            (3) by striking ``, such as the chemical, dimensional, 
        physical, mechanical, and any other'' in subsection (c)(3);
            (4) by inserting ``except as provided in subsection (d),'' 
        in subsection (c)(4) 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 ``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) by inserting ``label'' after ``private'' the first 
        place it appears in subsection (c)(2);
            (3) by inserting ``to the same'' in subsection (c)(2) after 
        ``in the same manner and'';
            (4) by striking ``certificate'' in subsection (d)(1) and 
        inserting ``test report'';
            (5) by striking subsection (e) and inserting the following:
    ``(e) Commingling.--It shall be unlawful for any manufacturer, 
importer, or private label distributor to commingle like fasteners from 
different lots in the same container; except that such manufacturer, 
importer, or private label distributor may commingle like fasteners of 
the same type, grade, and dimension from not more than two tested and 
certified lots in the same container during repackaging and plating 
operations: Provided, That any container which contains the fasteners 
from two lots shall be conspicuously marked with the lot identification 
numbers of both lots.''; and
            (6) by striking subsection (f) and inserting the following:
    ``(f) 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) by striking ``10 years'' in subsections (a) and (b) and 
        inserting ``5 years''; and
            (2) by striking ``any subsequent'' in subsection (b) and 
        inserting ``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.
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