[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5074 Introduced in House (IH)]







107th CONGRESS
  2d Session
                                H. R. 5074

To authorize appropriations for the National Institute of Standards and 
    Technology for fiscal years 2003, 2004, and 2005, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              July 9, 2002

Mr. Barcia (for himself, Mr. Udall of Colorado, Mr. Hall of Texas, Mr. 
 Weiner, Mr. Honda, Ms. Rivers, Mr. Larson of Connecticut, Mr. Israel, 
   Mr. Matheson, Ms. Woolsey, Mr. Baca, Ms. Eddie Bernice Johnson of 
 Texas, Mr. Costello, and Ms. Lofgren) introduced the following bill; 
             which was referred to the Committee on Science

_______________________________________________________________________

                                 A BILL


 
To authorize appropriations for the National Institute of Standards and 
    Technology for fiscal years 2003, 2004, and 2005, 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 and 
National Institute of Standards and Technology Act of 2002''.

                TITLE I--AUTHORIZATION OF APPROPRIATIONS

SEC. 101. OFFICE OF THE UNDER SECRETARY FOR TECHNOLOGY.

    There are authorized to be appropriated to the Secretary of 
Commerce for the activities of the Under Secretary for Technology and 
the Office of Technology Policy--
            (1) $8,147,000 for fiscal year 2003;
            (2) $8,432,000 for fiscal year 2004; and
            (3) $8,727,000 for fiscal year 2005.

SEC. 102. 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) $395,810,000 for fiscal year 2003, of which--
                    (A) $42,731,000 shall be for Electronics and 
                Electrical Engineering;
                    (B) $21,128,000 shall be for Manufacturing 
                Engineering;
                    (C) $39,992,000 shall be for Chemical Science and 
                Technology;
                    (D) $38,042,000 shall be for Physics;
                    (E) $65,173,000 shall be for Material Science and 
                Engineering;
                    (F) $30,593,000 shall be for Building and Fire 
                Research;
                    (G) $54,257,000 shall be for Computer Science and 
                Applied Mathematics;
                    (H) $18,313,000 shall be for Technical Assistance; 
                and
                    (I) $85,581,000 shall be for Research Support;
            (2) $379,018,000 for fiscal year 2004; and
            (3) $385,654,000 for fiscal year 2005.
    (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) $5,481,000 for fiscal year 2003;
            (2) $5,673,000 for fiscal year 2004; and
            (3) $5,871,000 for fiscal year 2005.
    (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) $64,494,000 for fiscal year 2003, of which--
                    (A) $17,300,000 shall be for construction and 
                design of the central utility plant and primary 
                electrical service at the National Institute of 
                Standards and Technology facility in Boulder, Colorado;
                    (B) $15,000,000 shall be for completing fit-up of 
                the Advanced Metrology Laboratory at Gaithersburg, 
                Maryland;
                    (C) $10,000,000 shall be for upgrading the Large 
                Fire Facility at Gaithersburg, Maryland; and
                    (D) $22,194,000 shall be for safety, capacity, 
                maintenance, and major repairs;
            (2) $59,171,000 for fiscal year 2004, of which--
                    (A) $36,200,000 shall be for construction of the 
                central utility plant, building 4 renovation, and 
                building 1 renovation design at the National Institute 
                of Standards and Technology facility in Boulder, 
                Colorado; and
                    (B) $22,971,000 shall be for safety, capacity, 
                maintenance, and major repairs; and
            (3) $40,548,000 for fiscal year 2005, of which--
                    (A) $16,800,000 shall be for building 1 renovation 
                and the Joint Institute for Laboratory Astrophysics 
                addition at the National Institute of Standards and 
                Technology facilities in Boulder, Colorado; and
                    (B) $23,748,000 shall be for safety, capacity, 
                maintenance, and major repairs.

SEC. 103. INDUSTRIAL TECHNOLOGY SERVICES.

    There are authorized to be appropriated to the Secretary of 
Commerce for Industrial Technology Services activities of the National 
Institute of Standards and Technology--
            (1) $315,000,000 for fiscal year 2003, of which--
                    (A) $205,200,000 shall be for the Advanced 
                Technology Program under section 28 of the National 
                Institute of Standards and Technology Act (15 U.S.C. 
                278n), of which $60,700,000 shall be for new awards; 
                and
                    (B) $110,000,000 shall be 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);
            (2) $331,750,000 for fiscal year 2004, of which--
                    (A) $217,900,000 shall be for the Advanced 
                Technology Program under section 28 of the National 
                Institute of Standards and Technology Act (15 U.S.C. 
                278n), of which $60,700,000 shall be for new awards; 
                and
                    (B) $113,850,000 shall be 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); and
            (3) $347,335,000 for fiscal year 2005, of which--
                    (A) $229,500,000 shall be for the Advanced 
                Technology Program under section 28 of the National 
                Institute of Standards and Technology Act (15 U.S.C. 
                278n), of which $60,700,000 shall be for new awards; 
                and
                    (B) $117,835,000 shall be 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).

                  TITLE II--TECHNOLOGY POLICY REFORMS

SEC. 201. NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY ACT 
              AMENDMENTS.

    (a) University Leadership of Joint Ventures.--
            (1) Joint venture aid.--Section 28(b)(1) of the National 
        Institute of Standards and Technology Act (15 U.S.C. 
        278n(b)(1)) is amended by striking ``industry-led United 
        States'' and all that follows through ``organizations)'' and 
        inserting ``joint ventures''.
            (2) Definition.--Section 28(j)(1) of the National Institute 
        of Standards and Technology Act (15 U.S.C. 278n(j)(1)) is 
        amended by striking ``two or more persons'' and inserting ``a 
        combination of two or more persons (which shall include at 
        least two companies, each of which participates substantially 
        in the joint venture, and may include one or more institutions 
        of higher education or nonprofit organizations)''.
    (b) Intellectual Property Rights Ownership.--Section 28(d)(11)(A) 
of the National Institute of Standards and Technology Act (15 U.S.C. 
278n(d)(11)(A)) is amended to read as follows:
            ``(11)(A) Title to any intellectual property developed by a 
        joint venture from assistance provided under this section may 
        vest in any participant in the joint venture, as agreed by the 
        members of the joint venture, notwithstanding section 202(a) 
        and (b) of title 35, United States Code. 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 participant in the joint venture, until the 
        expiration of the first patent obtained in connection with such 
        intellectual property.''.
    (c) Barriers to Product Development.--Section 28(d) of the National 
Institute of Standards and Technology Act (15 U.S.C. 278n(d)) is 
amended by adding at the end the following new paragraph:
            ``(12) No contract or award may be made for any project 
        unless such project may remove a scientific or technological 
        barrier to product development.''.
    (d) Project Review and Evaluation.--Section 28(g) of the National 
Institute of Standards and Technology Act (15 U.S.C. 278n(g)) is 
amended to read as follows:
    ``(g) Industry and Peer Review of Proposals.--(1) In order to 
analyze the need for or the value of any proposal made by a joint 
venture or company requesting the Secretary's assistance under this 
section, or to monitor the progress of any project which receives funds 
under this section, the Secretary, the Under Secretary of Commerce for 
Technology, and the Director may, notwithstanding any other provision 
of law, meet with such industry or other expert sources, without a 
proprietary or financial interest in proposals being evaluated, as they 
consider useful and appropriate.
    ``(2) In order to better assess whether specific innovations to be 
pursued are being adequately supported by the private sector, the 
Director shall conduct a study of, and thereafter monitor, whether the 
Secretary, the Under Secretary of Commerce for Technology, and the 
Director could benefit from advice and information from additional 
industry and other expert sources, without a proprietary or financial 
interest in proposals being evaluated. Not later than one year after 
the date of the enactment of Technology Administration and National 
Institute of Standards and Technology Act of 2002, and biennially 
thereafter, the Director shall transmit to the Congress a report 
containing the results of the study and monitoring under this 
paragraph.''.

SEC. 202. MANUFACTURING EXTENSION PARTNERSHIP PROGRAM REPORT.

    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 
subsection:
    ``(e) Not later than January 20 of each year, the Director shall 
transmit to the Congress a 3-year programmatic planning document for 
the Manufacturing Extension Partnership program. This document shall be 
developed in cooperation with the Modernization Forum.''.

SEC. 203. ANNUAL REVIEW OF THE OFFICE OF THE UNDER SECRETARY FOR 
              TECHNOLOGY.

    Section 10(h) of the National Institute of Standards and Technology 
Act (15 U.S.C. 278(h)) is amended--
            (1) by redesignating paragraph (2) as paragraph (3); and
            (2) by inserting after paragraph (1) the following new 
        paragraph:
    ``(2) The report required by paragraph (1) shall also address 
policy issues or matters which affect the Technology Administration, 
including the Office of Technology Policy and the Office of Space 
Commercialization, as well as assess the effectiveness and the utility 
Technology Administration's programs, including reports issued by the 
Office of Technology Policy and the Office of Space 
Commercialization.''.

SEC. 204. STUDIES BY THE NATIONAL RESEARCH COUNCIL.

    Section 24 of the National Institute of Standards and Technology 
Act (15 U.S.C. 278j) is amended--
            (1) by striking ``The Director may'' through ``assist the'' 
        and inserting ``The Under Secretary of Technology and the 
        Director may periodically contract with the National Research 
        Council for advice and studies to assist the Technology 
        Administration and the''; and
            (2) in paragraph (2) by inserting ``the Technology 
        Administration and'' after ``potential activities of''.

SEC. 205. MALCOLM BALDRIGE QUALITY CRITERIA ASSESSMENTS.

    Not later than 6 months after the date of the enactment of this 
Act, the Under Secretary of Commerce for Technology shall transmit to 
the Committee on Science of the House of Representatives and the 
Committee on Commerce, Science, and Transportation of the Senate an 
assessment of the Technology Administration and the National Institute 
of Standards and Technology according to the criteria of the Malcolm 
Baldrige National Quality Award program.

                   TITLE III--ENTERPRISE INTEGRATION

SEC. 301. SHORT TITLE.

    This title may be cited as the ``Enterprise Integration Act of 
2002''.

SEC. 302. FINDINGS.

    The Congress makes the following findings:
            (1) Over 90 percent of United States companies engaged in 
        manufacturing are small and medium-sized businesses.
            (2) Most of these manufacturers produce goods for 
        assemblage into products of large companies.
            (3) The emergence of the World Wide Web and the 
        promulgation of international standards for product data 
        exchange greatly accelerated the movement toward electronically 
        integrated supply chains during the last half of the 1990's.
            (4) A major Wall Street firm recently estimated that the 
        adoption of electronic commerce-based supply chains in various 
        manufacturing industries can reduce business costs from 10 
        percent to 40 percent.
            (5) European and Asian countries are investing heavily in 
        electronic enterprise standards development, and in preparing 
        their smaller manufacturers to do business in the new 
        environment. European efforts are well advanced in the 
        aerospace, automotive, and shipbuilding industries and are 
        beginning in other industries including home building, 
        furniture manufacturing, textiles, and apparel.
            (6) If United States manufacturers are to remain 
        competitive, they must match their overseas competition by 
        making sure that standards, including application protocols, 
        developed for electronic business in their industry worldwide 
        reflect their needs and the needs of their customers and 
        suppliers.
            (7) Many American small and medium-sized manufacturers run 
        the risk of losing their largest customers during the first 
        half of this decade unless they adopt computer aided design, 
        engineering, and manufacturing systems in their work places and 
        learn how to participate with customers and suppliers in 
        integrated electronic enterprises.
            (8) Application protocols are very complex standards, often 
        running thousands of pages, and require the cooperation of 
        entire industries for their development.
            (9) The National Institute of Standards and Technology, 
        because of the electronic commerce expertise in its 
        laboratories and quality program, its long history of working 
        cooperatively with manufacturers, and the nationwide reach of 
        its manufacturing extension program, is in a unique position to 
        help United States large and smaller manufacturers alike in 
        their responses to this challenge.
            (10) It is, therefore, in the national interest for the 
        National Institute of Standards and Technology to accelerate 
        its efforts--
                    (A) in helping major manufacturing industries 
                develop standards and enterprise integration processes 
                that are necessary to increase efficiency and lower 
                costs; and
                    (B) in making sure that every small or medium-sized 
                manufacturer has the option of upgrading its 
                manufacturing capabilities to the point where it can be 
part of an electronic supply chain of a major manufacturing industry.

SEC. 303. ENTERPRISE INTEGRATION INITIATIVE.

    (a) Establishment.--The Director shall establish an initiative for 
advancing enterprise integration within the United States. In carrying 
out this section, the Director shall involve, as appropriate, the 
various units of the National Institute of Standards and Technology, 
including the National Institute of Standards and Technology 
laboratories, 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), and the Malcolm 
Baldrige National Quality Program. This initiative shall begin with 
product data management and build upon ongoing efforts of the National 
Institute of Standards and Technology and of the private sector, shall 
involve consortia that include government and industry, and shall be 
designed to permit enterprise integration in each United States major 
manufacturing industry at the earliest possible date.
    (b) Assessment.--For each major manufacturing industry, the 
Director may work with industry representatives and organizations 
currently engaged in enterprise integration activities, and others as 
appropriate, to identify all enterprise integration standardization and 
implementation activities underway in the United States and abroad that 
impact that industry and to assess the current state of enterprise 
integration within that industry. The Director may assist such industry 
representatives and organizations in the development of roadmaps that 
identify the remaining steps needed to ensure that the standards, 
application protocols, and support for suppliers are in place to permit 
supply chains within the industry to operate as an integrated 
electronic enterprise. The roadmaps shall use voluntary consensus 
standards where possible. Working with such industry representatives 
and organizations to ensure that their needs are met, the National 
Institute of Standards and Technology shall develop milestones and 
anticipated costs by fiscal year for activities of the Federal 
Government in support of the roadmaps developed, and shall make those 
milestones and anticipated costs known to industry.
    (c) Plans and Reports.--Within 90 days after the date of the 
enactment of this Act, the Director shall report to the Congress on 
efforts made to publicize the availability of assistance under this 
section and on anticipated related activities of the National Institute 
of Standards and Technology for the then current fiscal year. Within 
180 days after the date of the enactment of this Act, and annually 
thereafter, the Director shall submit to the Congress a report on the 
National Institute of Standards and Technology's activities under 
subsection (b).
    (d) Authorized Activities.--In order to carry out this title and 
the plans prepared under subsection (c), the Director may--
            (1) work with companies and trade associations within a 
        major manufacturing industry to raise awareness of enterprise 
        integration activities in the United States and abroad, 
        including convening meetings;
            (2) work with an industry on the development of enterprise 
        integration roadmaps;
            (3) support the development, testing, promulgation, and 
        adoption of standards, including application protocols;
            (4) support the development, promulgation, integration, and 
        upgrading of standards related to enterprise integration;
            (5) support pilot projects that include small and medium-
        sized businesses for new standards and enterprise integration;
            (6) ensure the training and regular upgrading of skills of 
        Manufacturing Extension Program employees;
            (7) develop tool kits and employee training materials and 
        take other steps necessary to permit small and medium-sized 
        businesses to participate in an integrated enterprise; and
            (8) set up legal and financial mechanisms to permit groups 
        of Manufacturing Extension Program centers to work collectively 
        on modernizing and integrating a company's or industry's supply 
        chain.

SEC. 304. DEFINITIONS.

    For purposes of this title--
            (1) the term ``automotive'' means land-based engine-powered 
        vehicles including automobiles, trucks, busses, trains, defense 
        vehicles, farm equipment, and motorcycles;
            (2) the term ``Director'' means the Director of the 
        National Institute of Standards and Technology;
            (3) the term ``enterprise integration'' means the 
        electronic linkage of manufacturers, assemblers, suppliers, and 
        customers to enable the electronic exchange of product, 
        manufacturing, and other business data among all partners in a 
        product supply chain, and such term includes related 
        application protocols and other related standards;
            (4) the term ``major manufacturing industry'' includes the 
        aerospace, automotive, electronics, shipbuilding, construction, 
        home building, furniture, textile, and apparel industries and 
        such other industries as the Director designates; and
            (5) the term ``National Institute of Standards and 
        Technology laboratories'' means those institutes of the 
        National Institute of Standards and Technology with expertise 
        in electronic commerce, including the Manufacturing Engineering 
        Laboratory, the Building and Fire Research Laboratory, and the 
        Information Technology Laboratory.

SEC. 305. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Director to carry 
out functions under this title $10,000,000 for fiscal year 2002, 
$15,000,000 for fiscal year 2003, and such sums as may be necessary for 
subsequent fiscal years.

      TITLE IV--TESTS FOR BANNED PERFORMANCE-ENHANCING SUBSTANCES

SEC. 401. SHORT TITLE.

    This title may be cited as the ``Fair Play in Sport Act of 2002''.

SEC. 402. FINDINGS.

    The Congress finds that--
            (1) the National Commission on Sports and Substance Abuse, 
        sponsored by the National Center on Addiction and Substance 
        Abuse at Columbia University, found that most parties involved 
        in Olympic sports agree that doping (the use of banned 
        performance-enhancing substances) is a serious problem for the 
        Olympics and must be eliminated to preserve the integrity of 
        the competition;
            (2) the use of performance-enhancing substances in sports 
        threatens the health of our athletes, the integrity and meaning 
        of sport, and the health and ethical values of our children;
            (3) there is currently no set of long-term comprehensive 
        studies on the effects of performance-enhancing substances;
            (4) according to the Commission referred to in paragraph 
        (1), some problems which must be solved to enable a fair and 
        effective drug testing program include developing highly 
        accurate tests for performance-enhancing substances in the body 
        and establishing and accrediting testing laboratories around 
        the world;
            (5) the United States Government has recognized the United 
        States Anti-Doping Agency as the official anti-doping agency 
        for Olympic, Pan American, and Paralympic sport in the United 
        States, and provides significant financial support to such 
        Agency; and
            (6) the National Institute of Standards and Technology is 
        the Federal Government's premier laboratory for the development 
        of standards and testing methodology as well as for developing 
        rigorous testing laboratory accreditation procedures.

SEC. 403. RESEARCH FOR TESTING OF PERFORMANCE-ENHANCING SUBSTANCES.

    The National Institute of Standards and Technology, in consultation 
and cooperation with the United States Anti-Doping Agency, shall 
establish a research program to develop and improve the reliability, 
validity, and cost-effectiveness of testing for performance-enhancing 
substances the use of which is prohibited in the Olympic Games. Such 
research program shall--
            (1) pay particular attention to the development and 
        improvement of tests for the use of steroids, human growth 
        hormone, and insulin-like growth factor;
            (2) establish methods of ensuring that the ability to test 
        for the use of newly banned performance-enhancing substances is 
        maintained; and
            (3) develop standard reference materials to ensure the 
        accuracy of measurements.
Development of the agenda for the research program established under 
this section should be on the basis of the best available technology, 
regardless of the type of sample specimen used. All research projects 
should be evaluated on a peer-reviewed basis.

SEC. 404. ACCREDITATION PROCEDURES FOR TESTING LABORATORIES.

    The National Institute of Standards and Technology shall provide 
review and assessment assistance to the United States Anti-Doping 
Agency with respect to the laboratory accreditation process and testing 
procedures delineated in the International Olympic Committee's Olympic 
Movement Anti-Doping Code. Such assistance shall include--
            (1) procedures for accreditation of laboratories;
            (2) sampling procedures in doping controls; and
            (3) laboratory analysis procedures.
The National Institute of Standards and Technology shall limit its 
assistance under this section to areas where it has demonstrated 
technical competence.

SEC. 405. RESEARCH ON LONG-TERM CONSEQUENCES OF USE OF PERFORMANCE-
              ENHANCING SUBSTANCES.

    The National Institute of Standards and Technology, in consultation 
and cooperation with the United States Anti-Doping Agency, shall 
establish a research program to determine the long-term consequences of 
use of performance-enhancing substances. Development of the research 
agenda should place the highest priority on the most potentially 
harmful and the most widely used performance-enhancing substances. 
Priorities for research shall include--
            (1) the health effects of consumption of performance-
        enhancing substances; and
            (2) the efficacy and long-term effects of the use of 
        steroids, including precursor substances.
Population studies under this section should not be limited to elite 
athletes but should include adolescent athletes as well.

SEC. 406. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the National Institute 
of Standards and Technology--
            (1) for carrying out sections 403 and 404, $5,000,000 for 
        each of the fiscal years 2003 through 2007; and
            (2) for carrying out section 405, $2,000,000 for each of 
        the fiscal years 2003 through 2007.
                                 <all>