[Congressional Record Volume 142, Number 17 (Wednesday, February 7, 1996)]
[Senate]
[Pages S1150-S1151]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




            THE TECHNOLOGY TRANSFER IMPROVEMENTS ACT OF 1996

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               ROCKEFELLER (AND BURNS) AMENDMENT NO. 3463

  Mr. DOLE (for Mr. Rockefeller, for himself and Mr. Burns) proposed an 
amendment to the bill (H.R. 2196) to amend the Stevenson-Wydler 
Technology Innovation Act of 1980 with respect to inventions made under 
cooperative research and development agreements, and for other 
purposes; as follows:

       On page 3, line 24, insert ``pre-negotiated'' before 
     ``field''.
       On page 5, beginning on line 4, strike ``if the Government 
     finds'' and insert ``in exceptional circumstances and only if 
     the Government determines''.
       On page 5, between lines 15 and 16, insert the following:
       This determination is subject to administrative appeal and 
     judicial review under section 203(2) of title 35, United 
     States Code.
       On page 13, strike lines 10 through 17 and insert the 
     following:
       Section 11(i) of the Stevenson-Wydler Technology Innovation 
     Act of 1980 (15 U.S.C. 3710(i)) is amended by inserting 
     ``loan, lease, or'' before ``give''.
       Beginning with line 23 on page 21, strike through line 3 on 
     page 22 and insert the following:
       ``(13) to coordinate Federal, State, and local technical 
     standards activities and conformity assessment activities, 
     with private sector technical standards activities and 
     conformity assessment activities, with the goal of 
     eliminating unnecessary duplication and complexity in the 
     development and promulgation of conformity assessment 
     requirements and measures.''.
       On page 22, beginning on line 5, strike ``by January 1, 
     1996,'' and insert ``within 90 days after the date of 
     enactment of this Act,''.
       Beginning with line 8 on page 22, strike through line 5 on 
     page 23 and insert the following:
       (d) Utilization of Consensus Technical Standards by Federal 
     Agencies; Reports.--
       (1) In general.--Except as provided in paragraph (3) of 
     this subsection, all Federal agencies and departments shall 
     use technical standards that are developed or adopted by 
     voluntary consensus standards bodies, using such technical 
     standards as a means to carry out policy objectives or 
     activities determined by the agencies and departments.
       (2) Consultation; participation.--In carrying out paragraph 
     (1) of this subsection, Federal agencies and departments 
     shall consult with voluntary, private sector, consensus 
     standards bodies and shall, when such participation is in the 
     public interest and is compatible with agency and 
     departmental missions, authorities, priorities, and budget 
     resources, participate with such bodies in the development of 
     technical standards.
       (3) Exception.--If compliance with paragraph (1) of this 
     subsection is inconsistent with applicable law or otherwise 
     impractical, a Federal agency or department may elect to use 
     technical standards that are not 

[[Page S1151]]
     developed or adopted by voluntary consensus standards bodies if the 
     head of each such agency or department transmits to the 
     Office of Management and Budget an explanation of the reasons 
     for using such standards. Each year, beginning with fiscal 
     year 1997, the Office of Management and Budget shall transmit 
     to Congress and its committees a report summarizing all 
     explanations received in the preceding year under this 
     paragraph.
       (4) Definition of technical standards.--As used in this 
     subsection, the term ``technical standards'' means 
     performance-based or design-specific technical specifications 
     and related management systems practices.

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