“(1) hard-metric specifications are necessary in a contract for the repair or replacement of parts of
Federal facilities in existence or under construction upon the effective date of the Savings in Construction
Act of 1996; or

“(2) the following 2 criteria are met:

“(A) the applicatiog requires hard-metric concrete masonry units to coordinate dimensionally into
100 millimeter building modules; and
“(B) the total installed price of hard-metric concrete mnasonry units is estimated to be equal to or less
than the total installed price of using non-hard-metric concrete masonry units. Total installed price
estimates shall be based, to the extent available, on cost or pricing data or price analysis, using actual
hard-metric and non-hard-metric offers received for comparable existing projects. The head of the
agency shall include in the writing required in this subsection an explanation of the factors used to
develop the price estimates.
“(c) Recessed Lighting Fixtures.—In carrying out the policy set forth in section 3 (with particular emphasis on
the policy set forth in paragraph (2) of that section) a Federal agency may require that specifications for the
acquisition of structures or systems of recessed lighting fixtures be expressed under the metric system of
measurement, but may not incorporate specifications, that can only be satisfied by hard-metric versions of
recessed lighting fixtures, in a solicitation for design or construction of a Federal facility within the United
States or its territories unless the head of the agency determines in writing that—

“(1) the redominant voluntary industry consensus standards include the use of hard-metric for the items

specified; or

“(2) hard-metric specifications are necessary in a contract for the repair or relacement of parts of Federal
facilities in existence or under construction upon the effective date of the Savings in Construction Act of

1996; or
“(3) the following 2 criteria are met:
“(A) the application requires hard-metric recessed lighting fixtures to coordinate dimensionally into
100 millimeter building modules; and
“(B) the total installed price of hard-metric recessed lighting fixtures is estimated to be equal to or
less than the total installed price of using non-hard-metric recessed lighting fixtures. Total installed
price estimates shall be based, to the extent available, on cost or pricing data or price analysis, using
actual hard-metric and non-hard-metric offers received for comparable existing projects. The head of
the agency shall include in the writing required in this subsection an explanation of the factors used to
develop the price estimates.
“(d) Limitation —The provisions of subsections (b) and (c) of this section shall not apply to Federal contracts
to acquire construction products for the construction of facilities outside of the United States and its territories.
“(e) Expiration—The provisions contained in subsections (b) and (c) of this section shall
expire 10 years from the effective date of the Savings in Construction Act of 1996.”.

Sec. 5. OMBUDSMAN.

Section 14 of the Metric Conversion Act of 1975, as added by section 4 of this Act, is further amended by
adding at the end the following new subsection:
“(f) Agency Ombudsman.—(1) The head of each executive agency that awards construction contracts within
the United States and its territories shall designate a senior agency official to serve as a construction
metrication ombudsman who shall be responsible for reviewing and responding to complaints from prospective
bidders, subcontractors, suppliers, or their designated representatives related to—
“(A) guidance or regulations issued by the agency on the use of the metric system of measurement in
contracts for the construction of Federal buildings; and
“(B) the use of the metric system of measurement for services and materials required for
incorporation in individual projects to construct Federal buildings. The construction metrication
ombudsman shall be independent of the contracting officer for construction contracts.
“(2) The ombudsman shall be responsible for ensuring that the agency is not implementing the metric
system of measurement in a manner that is impractical or is likely to cause significant inefficiencies or
loss of markets to United States firms in violation of the policy stated in section 3(2), or is otherwise
inconsistent with guidance issued by the Secretary of Commerce in consultation with the Interagency
Council on Metric Policy while ensuring that the goals of the Metric Conversion Act of 1975
are observed.

17


“(2) the Federal agency finds that the public will be served by the granting of the license, as indicated by
the applicant’s intentions, plans, and ability to bring the invention to practical application or otherwise
promote the invention’s utilization by the public, and that the proposed scope of exclusivity is not greater
than reasonably necessary to provide the incentive for bringing the invention to practical application, as
proposed by the applicant, or otherwise to promote the invention’s utilization by the public;

“(3) the applicant makes a commitment to achieve practical application of the invention within a
reasonable time, which time may be extended by the agency upon the applicant’s request and the applicant’s
demonstration that the refusal of such extension would be unreasonable;

“(4) granting the license will not tend to substantially lessen competition or create or maintain a violation
of the Federal antitrust laws; and

“(5) in the case of an invention covered by a foreign patent application or patent, the interests of the
Federal Government or United States industry in foreign commerce will be enhanced.

“(b) Manufacture in United States——A Federal agency shall normally grant.a license under section 207(a)(2) to
use or sell any federally owned invention in the United States only to a licensee who agrees that any products
embodying the invention or produced through the use of the invention will be manufactured substantially in
the United States.

“(c) Small business.—First preference for the granting of any exclusive or partially exclusive licenses under
section 207(a)(2) shall be given to small business firms having equal or greater likelihood as other applicants
to bring the invention to practical application within a reasonable time.

“(d) Terms and Conditions.—Any licenses granted under section 207(a)(2) shall contain such terms and
conditions as the granting agency considers appropriate, and shall include provisions—

“(1) retaining a nontransferrable, irrevocable, paid-up license for any Federal agency to practice the
invention or have the invention practiced throughout the world by or on behalf of the Government of the
United States;

“(2) requiring periodic reporting on utilization of the invention, and utilization efforts, by the licensee, but
only to the extent necessary to enable the Federal agency to determine whether the terms of the license are
being complied with, except that any such report shall be treated by the Federal agency as commercial and
financial information obtained from a person and privileged and confidential and not subject to disclosure
under section 552 of title 5 of the United States Code; and

“(3) empowering the Federal agency to terminate the license in whole or in part if the agency
determines that—

“(A) the licensee is not executing its commitment to achieve practical application of the invention,
including commitments contained in any plan submitted in support of its request for a license, and the
licensee cannot otherwise demonstrate to the satisfaction of the Federal agency that it has taken, or can
be expected to take within a reasonable time, effective steps to achieve practical application of
the invention;

“(B) the licensee is in breach of an agreement described in subsection (b);

“(C) termination is necessary to meet requirements for public use specified by Federal regulations
issued after the date of the license, and such requirements are not reasonably satisfied by the
licensee; or

“(D) the licensee has been found by a court of competent jurisdiction to have violated the Federal
antitrust laws in connection with its performance under the license agreement.

“(e) Public Notice-—No exclusive or partially exclusive license may be granted under section 207(a)(2) unless
public notice of the intention to grant an exclusive or partially exclusive license on a federally owned
invention has been provided in an appropriate manner at least 15 days before the license is granted, and the
Federal agency has considered all comments received before the end of the comment period in response to that
public notice. This subsection shall not apply to the licensing of inventions made under a cooperative research
and development agreement entered into under section 12 of the Stevenson-Wydler Technology Innovation Act
of 1980 (15 U.S.C. 3710a).

“(f) Plan.—No Federal agency shall grant any license under a patent or patent application on a federally
owned invention unless the person requesting the license has supplied the agency with a plan for development
or marketing of the invention, except that any such plan shall be treated by the Federal agency as commercial
and financial information obtained from a person and privileged and confidential and not subject to disclosure
under section 552 of title 5 of the United States Code.”

38


“(b) Accreditation—A person publishing a document setting forth guidance or requirements for the approval
of accreditation bodies to accredit third parties described in subsection (a) may petition the Director to approve
such document for use as described in section 3(7)(B)(iii)(I). The Director shall act upon a petition within 180
days after its filing, and shall approve such petition if the document provides equal or greater rigor and rel
ability as compared to ISO/IEC Guide 61.

“© Laboratory Accreditation —A person publishing a document setting forth guidance or requirements for the
accreditation of laboratories may petition the Director to approve such document for use as described in
section 3(1)(A). The Director shall act upon a petition within 180 days after its filing, and shall approve

such petition if the document provides equal or greater rigor and reliability as compared to ISO/IEC Guide 25.
“(d) Approval of Accreditation Bodies.— A person publishing a document setting forth guidance or
requirements for the approval of accreditation bodies to accredit laboratories may petition the Director to
approve such document for use as described in section 3(1)(B). The Director shall act upon a petition within
180 days after its filing, and shall approve such petition if the document provides equal or greater rigor and
reliability as compared to ISO/IEC Guide 58. In addition to any other voluntary laboratory accreditation
programs that may be established by private sector persons, the Director shall establish a National Voluntary
Laboratory Accreditation Program, for the accreditation of laboratories as described in section 3(1)(B), that
meets the requirements of ISO/IEC Guide 58 (or another document approved by the Director under this
subsection), including revisions from time-to-time.

“(e) Affirmation.—

(1) An accreditation body accrediting third parties who certify manufacturing systems as fastener quality
assurance systems as described in section (7)(B)(iii)() shall affirm to the Director that it meets the
requirements of ISO/IEC Guide 61 (or another document approved by the Director under subsection (b)),
including revisions from time-to-time.

“(2) An accreditation body accrediting laboratories as described in section 3(1)(B) shall affirm to the
Director that it meets the requirements of ISO/IEC Guide 58 (or another document approved by the Director
under subsection (d)), including revisions from time-to-time.

“(3) An affirmation required under paragraph (1) or (2) shall take the form of a self-declaration that the
accreditation body meets the requirements of the applicable Guide, signed by an authorized representative of
the accreditation body, without requirement for accompanying documentation. Any such information shall be
considered to be a continuous affirmation that the accreditation body meets the requirements of the
applicable Guide, unless and until the affirmation is withdrawn by the accreditation body.”

Sec. 11. APPLICABILITY.
At the end of the Fastener Quality Act, insert the following new section:

“Sec. 11, APPLICABILITY.

“The requirements of this Act shall be applicable only to fasteners fabricated 180 days or more after the date
of the enactment of the Fastener Quality Act Amendments Act of 1999, except that if a manufacturer or distribu-
tor of fasteners fabricated before that date prepares a record of conformance for such fasteners, representations
about such fasteners shall be subject to the requirements of this Act.”

Sec. 12. COMPTROLLER GENERAL REPORT.

Not later than 2 years after the date of the enactment of this Act, the Comptroller General shall transmit to the
Congress a report describing any changes in industry practice resulting from or apparently resulting from the
enactment of section 3(6)(B) of the Fastener Quality Act, as added by section 3 of this Act.

Approved June 8, 1999.

sos

34


Sec. 104. (114 Stat. 2300) RESEARCH AGENDA.

(a) Requirement.—Not later than 120 days after the date of the enactment of this Act, the Administrator of the
United States Fire Administration, in consultation with the Director of the Federal Emergency Management
Agency, the Director of the National Institute of Standards and Technology, representatives of trade,
professional, and non-profit &ssociations, State and local firefighting services, and other appropriate entities,
shall prepare and transmit to the Committee on Science of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a report describing the United States Fire
Administration’s research agenda and including a plan for implementing that agenda.
(b) Contents of Report—The report required by subsection (a) shall—
(1) identify research priorities;
(2) describe how the proposed research agenda will be 1 coordinated and integrated with the programs
and capabilities of the National Institute of Standards and Technology, the Department of Defense, and other
Federal agencies;

Sec. 202. (114 Stat. 2305) AUTHORIZATION OF APPROPRIATIONS.

(e) National Institute of Standards and Technology.—Section 12(d) of the Eatthquake Hazards Reduction Act
of 1977 (42 U.S.C. 7706(d)) is amended—
(1) by striking “1998” and inserting “1998,”; and
(2) by striking “1999.” and inserting “1999, $2,332,000 for fiscal year 2001, $2,431,000 for fiscal year
2002, and $2,534,300 for fiscal year 2003.”

seektek

December 21, 2000, 114 Stat. 2762 (Public Law 106-553—106th Congress, 2nd session) D.C. Appropriations-FY
2001.

Public Law 106-553
AN ACT

Making appropriations for the government of the District of Columbia and other
activities chargeable in whole or in part against the revenues of said District for
the fiscal year ending September 30, 2001, and for other purposes.

TITLE Il-DEPARTMENT OF COMMERCE AND RELATED AGENCIES.
National Institute of Standards and Technology. (114 Stat. 2762A-176-177)

Scientific and Technical Research and Services

For necessary expenses of the National Institute of Standards and Technology, $312,617,000, to remain avail-
able until expended, of which not to exceed $282,000 may be transferred to the “Working Capital Fund.”

Industrial Technology Services.

For necessary expenses of the Manufacturing Extension Partnership of the National Institute of Standards and
Technology, $105,137,000, to remain available until expended.

In addition, for necessary expenses of the Advanced Technology Program of the National Institute of Stan-
dards and Technology, $145,700,000, to remain available until expended, of which not to exceed $60,700,000
shall be available for the award of new grants.

Construction of Research Facilities.

For construction of new research facilities, including architectural and engineering design, and for renovation
of existing facilities, not otherwise provided for the National Institute of Standards and Technology, as authorized
by 15 U.S.C. 278c-278e, $34,879,000, to remain available until expended.

sek

43


Src. 9, RESEARCH EQUIPMENT

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.”

Ssc.10. 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. 11. 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 a

(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”;

(2) in paragraph (2), by inserting “consensus” after “or any other”;

(3) in paragraph (5)—

(A) by inserting “or” after “standard or specification,” in subparagraph (B);

(B) by “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.

i


APPENDIX I

NIST ACTUAL OBLIGATIONS, 2000-2001
v

The following information represents monies spent by NIST during the period 2000-2001. Four categories of
expenditure are indicated. Data for the period 1994-1999 may be found in Responding to National Needs,
pp. 915-916.

FY 2000 ($M) FY 2001 ($M)

Congressionally appropriated funds for support of the 283.5 311.0
NIST Laboratories and the Baldrige National Quality
Program—Scientific and Technical Research and
2 Services (STRS) appropriation

: Funds obtained principally from other government 114.8 116.6
2 agencies for research services rendered, from the

sale of Standard Reference Materials, and from

calibrations, tests, and advisory services—Reimbursables

Congressionally appropriated funds for support of the 301.6 2813
Advanced Technology Program and the
Manufacturing Extension Partnership—Industrial
Technology Services (ITS) appropriation

Congressionally appropriated funds for new 200.5 37.7
construction and major renovations of NIST
facilities—Construction of Research Facilities

(CRF) appropriation

900.4 746.6

Source: Suzanne Evans, NIST Budget Division

73


Lab General Areas:

Laboratories building-wide feature each of the critical environmental categories listed for the overall build-
ing, including:
Air Cleanliness: »

HEPA filtration at the supply-side of all laboratory air handlers‘

Temperature Control:
+£0.25 °C is the baseline for all laboratories, all digital system

Vibration Isolation:
All laboratories are on-grade or below-grade, with a minimum level of “Criterion-A,” isolated slab on-grade.
Mechanical, electrical, and structural systems are designed to minimize vibration.

Power Quality:
Laboratories feature a building-wide, conditioned power supply system meeting IEEE Std. 1100-1992 for criti-

cal electronic loads. 7

Acoustical Design:

Considered in the design of all mechanical, architectural, structural, and electrical systems so as not to affect
scientific programs. (Based on NC-45 (Labs), NC-55 (Cleanroom) & NC-30 (Special Metrology))
Service Galleys:

Mechanical services (piping, ventilation, & electrical) as well as “dirty” laboratory support equipment and gas

bottles are located in a service corridor located between laboratory modules, maximizing flexibility and
cleanliness.

Metric Design:
The building is laid out on a hard-metric module and features the use of the metric system wherever economi-
cally feasible.

Green Building:
Natural daylighting, energy conservation, and recycling are incorporated into the building design and planned
operation.

Because of security regulations, maps will be provided to NIST staff only, upon appropriate request.

Architect’s drawing of Advanced Measurement Laboratory 2000

53


APPENDIX D

SITE INFORMATION AND MAPS: GAITHERSBURG AND BOULDER
®

This appendix contains site construction information and maps for the Gaithersburg, MD and Boulder, CO

campuses. Detailed construction information is provided for the Advanced Measurement Laboratory, under construc-
tion at Gaithersburg.

NIST Gaithersburg Site Construction 1990-2001

Building Building Date Area
number name completed (Gross sq ft)
311 Grounds Storage Shed 9130/1990 2511
NN NIST North (Leased Office Bldg.) lo/i99s* 122,120
313 Site Effluent Neutralization 6/30/1996 245
312 Materials Processing Facility 9/30/1996 3877
227 Advanced Chemical Sciences Laboratory (ACSL) 8/1/1998 200,000
314 Backflow Preventer Building East 10/31/1998 663
315 Backflow Preventer Building West 10/31/1998 663

Source: Joan Stanley, NIST Office of the Director for Administration and Chief Financial Officer

Because of security regulations, maps will be provided to NIST staff only, upon appropriate request.

NIST Gaithersburg campus map

Because of security regulations, maps will be provided to NIST staff only, upon appropriate request.

NIST Boulder campus map

51


APPENDIX F

NIST POSTDOCTORAL RESEARCH ASSOCIATES, 1994-1999

Associates were selected by panels of the National Academy of Sciences and the National Academy of Engineer-
ing. The program was administered by the National Research Council.

57


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6661-¥661 ‘SALVIOOSSV HOUVASAY TVAOLOOGLSOd LSIN

61


APPENDIX C

NIST IN THE FEDERAL ADMINISTRATION

In this appendix we list Executive department officials who exercised supervisory authority over NIST, during the

terms of NIST Directors from 1993-2002.

UNITED STATES DEPARTMENT
PRESIDENTS OFFICIALS

Ronald H. Brown
Secretary of Commerce
1993-1996
Mary L. Good
Under Secretary
of Commerce for
Technology
1993-1997

Michael Kantor
Secretary of Commerce
1996-1997

Mary L. Good

Under Secretary
of Commerce for
Technology
1993-1997

William M. Daley
Secretary of Commerce
1997-2000

Cheryl L. Shavers
Under Secretary
of Commerce for
Technology
1999-2001

Norman A. Mineta
Secretary of Commerce
2000-2001

Chery! L. Shavers
Under Secretary
of Commerce for
Technology
1999-2001

Karen H. Brown
Acting Under Secretary
of Commerce for
Technology
2001

William J. Clinton
1993-2001

49

NIST
DIRECTORS

Arati Prabhakar
1993-1997

Raymond G. Kammer
1997-2001

Karen H. Brown
Acting Director
2001


Commerce that continuation of Federal funding to the Center is in the best interest of the Regional Centers for
the transfer of Manufacturing Technology Program: Provided further, That the Center’s most recent performance
evaluation is positive, and the Center has submitted a reapplication which has successfully passed merit review.

In addition, for necessary expenses of the Advanced Technology Program of the National Institute of Stan-
dards and Technology, $192,500,000, to remain available until expended, of which not to exceed $82,000,000
shall be available for the award of new grants, and of which not, to exceed $500,000 may be transferred to the
“Working Capital Fund.”

Construction of Research Facilities

For construction of new research facilities, including architectural and engineering design, and for renovation
of existing facilities, not otherwise provided for the National Institute of Standards and Technology, as authorized
by 15 U.S.C. 278c-278e, $95,000,000, to remain available until expended: Provided, That of the amounts pro-
vided under this heading, $78,308,000 shall be available for obligation and expenditure only after submission of
a plan for the expenditure of these funds, in accordance with section 605 of this Act.

ek

June 9, 1998, 112 Stat. 107 (Public Law 105-178—105th Congress, 2nd session) Transportation Equity Act For
the 21st Century.

Public Law 105-178
AN ACT

To authorize funds for Federal-aid highways, highway safety programs, and transit
programs, and for other purposes.

Sec, 5012. (112 Stat. 425) Surface Transportation Research.

Chapter 5 of title 23, United States Code (as added by section 5101 of this title), is amended by adding at the
end the following:

“Sec. 502 (c) Contents of Research Program.— The Secretary shall include in surface transportation research,
technology development, and technology transfer programs carried out under this title coordinated activities in
the following areas:
“(9) Standardized estimates, to be developed in conjunction with the National Institute of Standards and
Technology and other appropriate organizations, of useful life under various conditions for advanced
materials of use in surface transportation.”

eke

August 14, 1998, 112 Stat. 1536 (Public Law 105-234—105th Congress, 2nd session) Fastener Quality Act
Amendment.

Public Law 105-234
AN ACT

Amending the Fastener Quality Act to exempt from its coverage certain fasteners
approved by the Federal Aviation Administration for use in aircraft.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assem-
bled,

21


(b) Conforming Amendment.—The item relating to section 209 in the table of sections for chapter 18 of
title 35, United States Code, is amended to read as follows: “209. Licensing federally owned inventions.”

Sec. 5. MODIFICATION OF STATEMENT OF POLICY AND OBJECTIVES FOR CHAPTER 18
OF TITLE 35, UNITED STATES CODE.

Section 200 of title 35, United States Code, is amended by striking “enterprise;” and inserting “enterprise
without unduly encumbering future research and discovery;”

Sec. 6. TECHNICAL AMENDMENTS TO BAYH-DOLE ACT.

Chapter 18 of title 35, United States Code (popularly known as the “Bayh-Dole Act”), is amended—
(1) by amending section 202(e) to read as follows:
“(e) In any case when a Federal employee is a coinventor of any invention made with a nonprofit organization,
a small business firm, or a non-Federal inventor, the Federal agency employing such coinventor may, for the
purpose of consolidating rights in the invention and if it finds that it would expedite the development of the
invention—
“(1) license or assign whatever rights it may acquire in the subject invention to the nonprofit organization,
small business firm, or non-Federal inventor in accordance with the provisions of this chapter; or
“(2) acquire any rights in the subject invention from the nonprofit organization, small business firm, or
non-Federal inventor, but only to the extent the party from whom the rights are acquired voluntarily enters
into the transaction and no other transaction under this chapter is conditioned on such acquisition.”; and
(2) in section 207(a)—
(A) by striking “patent applications, patents, or other forms of protection obtained” and inserting
“inventions” in paragraph (2); and
(B) by inserting, “including acquiring rights for and administering royalties to the Federal
Government in any invention, but only to the extent the party from whom the rights are acquired
voluntarily enters into the transaction, to facilitate the licensing of a federally owned invention” after
“or through contract” in paragraph (3).

Sec. 7. TECHNICAL AMENDMENTS TO THE STEVENSON-WYDLER TECHNOLOGY
INNOVATION ACT OF 1980.

The Stevenson-Wydler Technology Innovation Act of 1980 is amended—
(1) in section 4(4) (15 U.S.C. 3703(4)), by striking “section 6 or section 8” and inserting “section 7 or 9”;
(2) in section 4(6) (15 U.S.C. 3703(6)), by striking “section 6 or section 8” and inserting “section 7 or 9”;
(3) in section 5(c)(11) (15 U.S.C. 3704(c)(11)), by striking “State of local governments” and inserting
“state or local governments”;
(4) in section 9 (15 U.S.C. 3707), by—
(A) striking “section 6(a)” and inserting “section 7(a)”;
(B) striking “section 6(b)” and inserting “section 7(b)”; and
(C) striking “section 6(c)(3)” and inserting “section 7(c)(3)”;
(5) in section 11(e)(1) (15 U.S.C. 3710(e)(1)), by striking “in cooperation with Federal Laboratories” and
inserting “in cooperation with Federal laboratories”;
(6) in section 11(i) (15 U.S.C. 3710), by striking “a gift under the section” and inserting “a gift under
this section”;
(7) in section 14 (15 U.S.C. 3710c)— :
(A) in subsection (a)(1)(A)(j), by inserting “, other than payments of patent costs as delineated bya
license or assignment agreement,” after “or other payments”;
(B) in subsection (a)(1)(A)(i), by inserting, “if the inventor’s or coinventor’s tights are assigned to
the United States” after “inventor or coinventors”;
(C) in subsection (a)(1)(B), by striking “succeeding fiscal year” and inserting “2 succeeding
fiscal years”;
(D) in subsection (a)(2), by striking “Government-operated laboratories of the”; and
(E) in subsection (b)(2), by striking “inventon” and inserting “invention”; and (8) in section 22
(15 U.S.C. 3714), by striking “sections 11, 12, and 13” and inserting “sections 12, 13, and 14.”
(8) in section 22 (15 U.S.C. 3714), by striking “sections 11, 12, and 13” and inserting “sections 12, 13,
and 14”,

39


APPENDIX H

MEMBERS OF THE VISITING COMMITTEE ON
ADVANCED TECHNOLOGY FOR NIST

Public Law 56-177, which established the National Bureau of Standards as an agency of the Department of the
Treasury on March 3, 1901, directed the creation of a Visiting Committee of five members, “men prominent in the
various interests involved,” to be appointed by the Secretary of the Treasury, to visit NBS at least annually, and to
Teport to the secretary upon the efficiency of its scientific work and the condition of its equipment. Despite the transfer
of NBS to the Department of Commerce and Labor in 1903 and the creation in 1913 of a separate Department of
Commerce, the procedures of the Visiting Committee remained unchanged until 1988.

The text of Public Law 100-418, August 23, 1988, replaced the earlier Visiting Committee by a Visiting Committee
on Advanced Technology (VCAT). The new committee, to be appointed by the NIST Director, was to be composed
of nine members, at least five of whom were to be from U.S. industry. The VCAT was to meet at least quarterly and
to provide an annual report on NIST, to be submitted to Congress through the Secretary of Commerce. Dates indicate
term of appointment.

Milton M. Chang 1996-1999
Chairman, New Focus, Inc.

Steven A. Malone 1998-1999
Director, Nebraska Dept. of Agriculture’s Weights and Measures Program

Louise K. Goeser 1998-2000
General Manager, Whirlpool Corporation

Dr. Duane A. Adams 1999-2001
Vice Provost for Research, Carnegie Mellon University

Dr. Conilee G. Kirkpatrick 1999-2002
Vice President, HRL Laboratories

Dr. James W. Mitchell 1999-2002
Director, Materials, Reliability and Ecology Research Laboratory, Lucent Technologies

Dr. Caroline A. Kovac 1999-2002
Vice President, Services, Applications and Solutions, IBM

Dr. Thomas A. Manuel 1999-2002
President, Council for Chemical Research

Dr. F. Raymond Salemme =~ 1999-2002
Founder, President, and Chief Scientific Officer, 3-Dimensional Pharmaceuticals, Inc.

Dr. Juan M. Sanchez, VCAT Chair 2000-2003
Vice President for Research, University of Texas, Austin

Dr. April M. Schweighart 2000-2003
Product Business Manager, Motorola

Dr. Deborah L. Grubbe 2001-2004
Corporate Director, Safety & Health, DuPont Safety, Health, Environment

Dr. Wayne H. Pitcher, Jr. 2001-2004
Technology Management Consultant

Dr. Lloyd R. Harriott 2001-2004
Professor, Dept. of Electrical and Computer Engineering, University of Virginia

Dr. Masayoshi Tomizuka 2001-2004

Director, Engineering Systems Research Center, University of California, Berkeley

Source: Annual Reports of the Visiting Committee

wal


August 26, 1994, 108 Stat. 1724 (Public Law 103-317—103rd Congress, 2nd session) Departments of
Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1995.

Public Law 103-317 AN ACT
Making appropriations for the Departments of Commerce, Justice, and State, the
Judiciary, and related agencies programs for the fiscal year ending September 30,
1995, and making supplemental appropriations for these departments and agencies
for the fiscal year ending September 30, 1994, and for other purposes.

TITLE II—DEPARTMENT OF COMMERCE,
National Institute of Standards and Technology (108 Stat. 1740-41)
Scientific and Technical Research and Services

For necessary expenses of the National Institute of Standards and Technology, $265,000,000, to remain avail-
able until expended, of which not to exceed $8,500,000 may be transferred to the “Working Capital Fund.”

Industrial Technology Services

For necessary expenses of the Manufacturing Extension Partnership, the Advanced Technology Program and
the Quality Program of the National Institute of Standards and Technology, $525,000,000, to remain available
until expended, of which not to exceed $1,710,000 may be transferred to the “Working Capital Fund”: Provided,
That notwithstanding the time limitations imposed by 15.U.S.C. 278k(c) (1) and (5) on the duration of Federal
financial assistance that may be awarded by the Secretary of Commerce to Regional Centers for the Transfer of
Manufacturing Technology (“Centers”), such Federal financial assistance for a Center may continue beyond six
years and may be renewed for additional periods, not to exceed three years each, at a rate not to exceed one-third
of the Center’s total annual costs, subject before any such renewal to a positive evaluation of the Center and to a
finding by the Secretary of Commerce that continuation of Federal funding to that Center is in the best interest of
the Regional Centers for the Transfer of Manufacturing Technology Program.

Construction of Research Facilities

For construction of new research facilities, including architectural and engineering design, not otherwise pro-
vided for the National Institute of Standards and Technology, as authorized by 15 U.S.C. 278c-278e,
$64,686,000, to remain available until expended.

seek

September 13, 1994, 108 Stat. 1796 (Public Law 103-322—103rd Congress, 2nd session) Violent Crime Control
and Law Enforcement Act of 1994.

Public Law 103-322
AN ACT

To control and prevent crime.

TITLE XXI—STATE AND LOCAL LAW ENFORCEMENT
Subtitle C—DNA Identification

Sec. 210303. (108 Stat. 2068) Quality Assurance and Proficiency Testing Standards.
(a) Publication of Quality Assurance and Proficiency Testing Standards.—

(1) (A) Not later than 180 days after the date of enactment of this Act, the Director of the Federal
Bureau of Investigation shall appoint an advisory board on DNA quality assurance methods from among
nominations proposed by the head of the National Academy of Sciences and professional societies of crime
laboratory officials.


APPENDIX K

STRUCTURE AND LEADERSHIP OF NIST
Changes in NIST administrative structure have occurred over the years 1991-2001. Due to the length of material

contained in the organizational charts for these years, please refer to the NIST Virtual Library (NVL) for a compilation
of this data at http://nvLnist.gov/nvi3.cfm?doc_id=144&s_id~95.

71


APPENDIX J

NIST PUBLICATIONS

This appendix lists curren? (2002) periodical and nonperiodical NIST publications. Following each publication
name is the Information Services Division call number, the date of inception of the publication under its present name,
and a description of the material therein. See Responding to National Needs, Appendix J, for information on
predecessor publications.

Federal Information Processing Standards
JK468.A8A3
No. 0 (1968)-present

Publications in this series collectively constitute the Federal Information Processing Standards Register.
‘The Register serves as the official source of information in the Federal Government regarding standards issued
by NIST pursuant to the Federal Property and Administrative Services Act of 1949 as amended, Public Law
89-306 (79 Stat. 1127), and as implemented by Executive Order 11717 (38 FR 12315, dated May 11, 1973) and
Part 6 of Title 15 CFR (Code of Federal Regulations).

Journal of Physical and Chemical Reference Data
Q199.565
Vol. 1 (1972)-present

This journal provides critically evaluated physical and chemical Property data and critical reviews of
measurement techniques. It is not an outlet for original experimental measurements or for review articles of a
descriptive or primarily theoretical nature. The National Standard Reference Data System is one source of
contributions to the Journal. JPCRD is published by the Institute of Physics for NIST.

Journal of Research of the National Institute of Standards and Technology
QC1.U524
Vol. 93 No. 6 (1988)-present

Reports NIST research and development in metrology and related fields of physical science, engineering,
applied mathematics, statistics, biotechnology, and information technology. Papers cover a broad range of sub-
jects, with major emphasis on measurement methodology and the basic technology underlying standardization.
Also included from time to time are survey articles on topics closely related to the Institute’s technical and
scientific programs. Issued six times a year.

Letter Circulars of the National Institute of Standards and Technology
QC100.U5775
No. 1135 (1988)-present
Irregularly published lists of NIST publications and references, and general information concerning
specific subjects on which popular interest had been demonstrated by inquiries addressed to NIST.

National Standard Reference Data Series—NIST
QC100.U573
No. 75-120 (2000)-present

Provides quantitative data on the physical and chemical properties of materials, compiled from the world’s
literature and critically evaluated. Developed under a worldwide program coordinated by NIST under the author-
ity of the National Standard Data Act (Public Law 90-396).

NIST Building Science Series
TA435.US8
No. 166 (1989)-present

Disseminates technical information developed at the Institute on building materials, components, systems,
and whole structures. The series presents research results, test methods, and performance criteria related to the
structural and environmental functions and the durability and safety characteristics of building elements and
systems.

75


“(13) ‘record of conformance’ means a record or records for each lot of fasteners sold or offered for sale
that contains—

“(A) the name and address of the manufacturer;

“(B) a description of the type of fastener;

“(C) the lot number;

“(D) the nominal dimensions of the fastener (including diameter and length of bolts or screws),
thread form, and class of fit;

“(E) the consensus standard or specifications to which the lot of fasteners has been manufactured,
including the date, number, revision, and other information sufficient to identify the particular
consensus standard or specifications being referenced;

“(F) the chemistry and grade of material;

“(G) the coating material and characteristics and the applicable consensus standard or specifications
for such coating; and .

“(H) the results or a summary of results of any tests performed for the purpose of verifying that a lot
of fasteners conforms to its grade identification marking or to the grade identification marking the lot
of fasteners is represented to meet;

“(14) ‘represent’ means to describe one or more of a fastener’s purported characteristics in a document or
statement that is transmitted to a purchaser through any medium;

“(15) ‘Secretary’ means the Secretary of Commerce; “(16) ‘specifications’ means the
required characteristics identified in the contractual agreement with the manufacturer or to which a fastener
is otherwise produced, except that the term does not include proprietary standards; and

“(17) ‘through-harden’ means heating above the transformation temperature followed by quenching and
tempering for the purpose of achieving uniform hardness.”

Sec. 4. SALE OF FASTENERS.

(a) Amendment.—Sections 5 through 7 of the Fastener Quality Act (15 U.S.C. 5404-6) are repealed, and the
following new section is inserted after section 3 of such Act:

“Sec. 4 SALE OF FASTENERS.

“(a) General Rule.—It shall be unlawful for a manufacturer or distributor, in conjunction with the sale or offer
for sale of fasteners from a single lot, to knowingly misrepresent or falsify—
“(1) the record of conformance for the lot of fasteners;
“(2) the identification, characteristics, properties, mechanical or performance marks, chemistry, or strength
of the lot of fasteners; or
“(3) the manufacturer’s insignia.
“(b) Representations.—A direct or indirect reference to a consensus standard to represent that a fastener co
forms to particular requirements of the consensus standard shall not be construed as a representation that the
fastener meets all the requirements of the consensus standard.
“(c) Specifications —A direct or indirect contractual reference to a consensus standard for the purpose of
identifying particular requirements of the consensus standard that serve as specifications shall not be construed
to require that the fastener meet all the requirements of the consensus standard.
“(d) Use of Accredited Laboratories.—In the case of fasteners manufactured solely to a consensus standard or
standards, end-of-line testing required by the consensus standard or standards, if any, for the purpose of
verifying that a lot of fasteners conforms with the grade identification marking called for in the consensus
standard or standards to which the lot of fasteners has been manufactured shall be conducted by an accredited
laboratory.”
(b) Effective Date.—Subsection (d) of section 4 of the Fastener Quality Act, as added by subsection (a) of this
section, shall take effect 2 years after the date of the enactment of this Act.

32


“(3) The ombudsman shall respond to each complaint in writing within 60 days and make a recommenda-
tion to the head of the executive agency for an appropriate resolution thereto. In such a recommendation, the
ombudsman shall consider—

“(A) whether the agency is adequately applying the policies and procedures in this section;

“(B) whether the availability of hard-metric products and services from United States firms is suffi-
cient to ensure full and open competition; and

“(C) the total installed price to the Federal Government.

“(4) After the head of the agency has rendered a decision regarding a recommendation of the ombudsman,
the ombudsman shall be responsible for communicating the decision to all appropriate policy, design, planning,
Procurement, and notifying personnel in the agency. The ombudsman shall conduct appropriate monitoring as
required to ensure the decision is implemented, and may submit further recommendations, as needed. The head
of the agency’s decision on the ombudsman’s recommendations, and any supporting documentation, shall be
provided to affected parties and made available to the public in a timely manner.

“(5) Nothing in this section shall be construed to supersede the bid protest process established under
subchapter V of chapter 35 of title 31, United States Code.”

Sc. 6. EFFECTIVE DATE AND MISCELLANEOUS PROVISIONS.

(a) Effective Date.—This Act and the amendments made by this Act shall take effect 90 days after the date of
; enactment of this Act.
Hl (b) Savings Provisions—This Act shall not apply to contracts awarded and solicitations issued on or before
u the effective date of this Act, unless the head of a Federal agency makes a written determination in his or her
I sole discretion that it would be in the public interest to apply one or more provisions of this Act or its amend-
| ments to these existing contracts or solicitations.

| Approved October 11, 1996.

dee

i June 12, 1997, 111 Stat. 158 (Public Law 105-18—10Sth Congress, Ist session) 1997 Emergency Supplemental
Appropriations Act for Recovery From Natural Disasters, and for Overseas Peacekeeping Efforts, Including
those in Bosnia.

Public Law 105-18
| AN ACT
Making emergency supplemental appropriations for recovery from natural disasters, and

F | for overseas peacekeeping efforts, including those in Bosnia, for the fiscal year ending
1 September 30, 1997, and for other purposes.

TITLE IX—EMERGENCY SUPPLEMENTAL APPROPRIATIONS FOR RECOVERY
FROM NATURAL DISASTERS.

Chapter 2. DEPARTMENT OF COMMERCE.
National Institute of Standards and Technology. (111 Stat. 173)

Industrial Technology Services.

Of the amount provided under this heading in Public Law 104-208 for the Advanced Technology Program, not
to exceed $35,000,000 shall be available for the award of new grants.

Ii, National Institute of Standards and Technology. (111 Stat. 203)

Industrial Technology Services.
(Rescission)

i Of the unobligated balances available under this heading for the Advanced Technology Program, $7,000,000
| are rescinded.

| enews


In addition, for necessary expenses of the Advanced Technology Program of the National Institute of Stan-
dards and Technology, $203,500,000, to remain available until expended, of which not to exceed $66,000,000
shail be available for the award of new grants, and of which not to exceed $500,000 may be transferred to the
“Working Capital Fund.”

Construction of Research Facilities.

For construction of new research facilities, including architectural and engineering design, and for renovation
of existing facilities, not otherwise provided for the National Institute of Standards and Technology, as authorized
by 15 U.S.C, 278c-278e, $56,714,000, to remain available until expended: Provided, That of the amounts pro-
vided under this heading, $40,000,000 shall be available for obligation and expenditure only after submission of
a plan for the expenditure of these funds, in accordance with section 605 of this Act.

National Institute of Standards and Technology. (112.Stat. 2681-118)

Industrial Technology Services
(Rescission)

Of the unobligated balances available under this heading for the Advanced Technology Program, $6,000,000
are rescinded.

sete

October 28, 1998, 112 Stat. 2919 (Public Law 105-305—105th Congress, 2nd session) Next Generation Internet
Research Act of 1998.

Public Law 105-305
AN ACT

To amend the High-Performance Computing Act of 1991 to authorize appropriations
for fiscal years 1999 and 2000 for the Next Generation Internet program, to require
the President’s Information Technology Advisory Committee to monitor and give
advice concerning the development and implementation of the Next Generation
Internet program and report to the President and the Congress on its activities, and
for other purposes.

Sec. 5. (112 Stat. 2921) NEXT GENERATION INTERNET.

Title 1 of the High-Performance Computing Act of 1991 (15 U.S.C. 5511 et seq.) is amended by adding at the
end the following new section:

“Sec. 103. NEXT GENERATION INTERNET.
“a) Establishment——The National Science Foundation, the Department of Energy, the National Institutes of
Health, the National Aeronautics and Space Administration, and the National Institute of Standards and
Technology may support the Next Generation Internet program. The objectives of the Next Generation Internet
program shall be to—
“(1) support research, development, and demonstration of advanced networking technologies to increase
the capabilities and improve the performance of the Internet;
“(2) develop an advanced testbed network connecting a significant number of research sites, including
universities, Federal research institutions, and other appropriate research partner institutions, to support
networking research and to demonstrate new networking technologies; and
“(3) develop and demonstrate advanced Internet applications that meet important national goals or agency
mission needs, and that are supported by the activities described in paragraphs (1) and (2).
“b) Duties of Advisory Committee.—The President’s Information Technology Advisory Committee
(established pursuant to section 101(b) by Executive Order No. 13035 of February 11, 1997 (62 F.R. 7131), as
amended by Executive Order No. 13092 of July 24, 1998), in addition to its functions under section 101(b),
shall—

24


November 18, 1997, 111 Stat. 1629 (Public Law 105-85—105th Congress, Ist session) National Defense
Authorization Act, 1998.

Public Law 105-85
AN ACT

To authorize appropriations for fiscal year 1998 for military activities of the
Department of Defense, for military construction, and for defense activities of
the Department of Energy, to prescribe personnel strengths for such fiscal year

for the Armed Forces, and for other purposes.

Sec. 850. Use of Electronic Commerce in Federal Procurement. (111 Stat. 1847-48)

“Sec. 30. Use of Electronic Commerce in Federal Procurement + on

“(@) Implementation—The Administrator shall, in carrying out the requirements of this section—
“(3) consult with the heads of appropriate Federal agencies with applicable technical and functional
expertise, including the Office of Information and Regulatory Affairs, the National Institute of Standards
and Technology, the General Services Administration, and the Department of Defense.

Sec. 1073. Technical and Clerical Amendments. (111 Stat. 1906-07)

(h) Amendments to Conform Change in short Title of Information Technology Management Reform Act

of 1996.—
(1) Section 20 of the National Institute of Standards and Technology Act (15 U.S.C. 278g-3) is amended
in subsections (a)(4) and ()(2) by striking out “Information Technology Management Reform Act of
1996” and inserting in lieu thereof “Clinger-Cohen Act of 1996 (40 U.S.C. 1441).”

seek

November 26, 1997, 111 Stat. 2440 (Public Law 105-119—105th Congress, Ist session) Departments of Com-
merce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1998.

Public Law 105-119
AN ACT

Making appropriations for the Department of Commerce, Justice, and State, the
Judiciary, and related agencies for the fiscal year ending September 30, 1998, and
for other purposes.

TITLE II—DEPARTMENT OF COMMERCE AND RELATED AGENCIES.
National Institute of Standards and Technology. (111 Stat. 2476-77)

For necessary expenses of the National Institute of Standards and Technology, $276,852,000, to remain avail-
able until expended, of which not to exceed $3,800,000 shall be used to fund a cooperative agreement with
Texas Tech University for wind research; and of which not to exceed $5,000,000 of the amount above
$268,000,000 shall be used to fund a cooperative agreement with Montana State University for a research pro-
| gram on green buildings; and of which not to exceed $1,625,000 may be transferred to the “Working Capital
j Fund.” Industrial Technology Services. For necessary expenses of the Manufacturing Extension Partnership of the
National Institute of Standards and Technology, $113,500,000, to remain available until expended, of which not
il to exceed $300,000 may be transferred to the “Working Capital Fund”: Provided, That notwithstanding the time
| limitations imposed by 15 U.S.C. 278k(c)(1) and (5) on the duration of Federal financial assistance that may be
awarded by the Secretary of Commerce to Regional Centers for the transfer of Manufacturing Technology
(“Centers”), such Federal financial assistance for a Center may continue beyond six years and may be renewed
for additional periods, not to exceed one year, at a rate not to exceed one-third of the Center’s total annual costs,
subject before any such renewal to a positive evaluation of the Center and to a finding by the Secretary of

: 20



Sec. 5. MANUFACTURERS’ INSIGNIAS.

Section 8 of the Fastener Quality Act (15 U.S.C. 5407) is redesignated as section 5 and is amended—

(1) by amending subsection (a) to read as follows:
“(a) General Rule—Unless the specifications provide otherwise, fasteners that are required by the applicable
consensus standard or standards to bear an insignia identifying their manufacturer shall not be offered for sale
or sold in commerce unless— “

“(1) the fasteners bear such insignia; and

“(2) the manufacturer has complied with the insignia recordation requirements established under

subsection (b).”; and

(2) in subsection (b), by striking “and private label” and all that follows and inserting “described in
subsection (a).” .

Sec. 6. REMEDIES AND PENALTIES.

Section 9 of the Fastener Quality Act (15 U.S.C. 5408) is redesignated as section 6 and is amended—
(1) in subsection (b)(3), by striking “of this section” and inserting “of this subsection”;
(2) in subsection (b)(4), by inserting “arbitrate,” after “Secretary may”; ‘and
(3) in subsection (d)—
(A) by inserting “(1)” after “Enforcement.—”; and
(B) by adding at the end the following new paragraph:
“(2) The Secretary shall establish and maintain a hotline system to facilitate the reporting of alleged
violations of this Act, and the Secretary shall evaluate allegations reported through that system and report
any credible allegations to the Attorney General.”

Sec. 7. RECORDKEEPING REQUIREMENTS.

Section 10 of the Fastener Quality Act (15 U.S.C. 5409) is redesignated as section 7 and is amended by
striking subsections (a) and (b) and inserting the following:

“Manufacturers and importers shall retain the record of conformance for fasteners for 5 years, on paper or in
photographic or electronic format in a manner that allows for verification of authenticity. Upon request of a
distributor who has purchased a fastener, or a person who has purchased a fastener. for use in the production of a

commercial product, the manufacturer or importer of the fastener shall make available information in the record
of conformance to the requester.”

Sec. 8. RELATIONSHIP TO STATE LAWS.
Section 11 of the Fastener Quality Act (15 U.S.C. 5410) is redesignated as section 8.

Sec. 9. CONSTRUCTION.

Section 12 of the Fastener Quality Act (15 U.S.C. 5411) is redesignated as section 9 and is amended by
striking “in effect on the date of enactment of this Act.”

Sec. 10. CERTIFICATION AND ACCREDITATION.

Sections 13 and 15 of the Fastener Quality Act (15 U.S.C. 5412 and 14) are repealed, and the following new
section is inserted at the end of that Act

“Sec. 10. CERTIFICATION AND ACCREDITATION.

“(a) Certification A person publishing a document setting forth guidance or requirements for the
certification of manufacturing systems as fastener quality assurance systems by an accredited third party may
petition the Director to approve such document for use as described in section 3(7)(B)(iii)(I). The Director
shall act upon a petition within 180 days after its filing, and shall approve such petition if the document
provides equal or greater rigor and reliability as compared to ISO/IEC Guide 62.

33


Industrial Technology Services.

For necessary expenses of the Manufacturing Extension Partnership of the National Institute of Standards and
Technology, $95,000,000, to remain available until expended, of which not to exceed $300,000 may be trans-
ferred to the “Working Capital, Fund”: Provided, That notwithstanding the time limitations imposed by 15 U.S.C.
278k(c) (1) and (5) on the duration of Federal financial assistance that may be awarded by the Secretary of
Commerce to Regional Centers for the transfer of Manufacturing Technology (“Centers”), such Federal financial
assistance for a Center may continue beyond six years and may be renewed for additional periods, not to exceed
one year, at a rate not to exceed one-third of the Center’s total annual costs, subject before any such renewal to a
positive evaluation of the Center and to a finding by the Secretary of Commerce that continuation of Federal
funding to the Center is in the best interest of the Regional Centers for the transfer of Manufacturing Technology
Program. In addition, for necessary expenses of the Advanced Technology Program of the National Institute of
Standards and Technology, $225,000,000, to remain available until expended, of which not to exceed $500,000
may be transferred to the “Working Capital Fund.”

National Institute of Standards and Technology. (110 Stat. 3009-39)

Construction of Research Facilites.
(Rescission)

Of the obligated and unobligated balances available under this heading, $16,000,000 are rescinded.

Ao

October 11, 1996, 110 Stat. 3411 (Public Law 104-289—104th Congress, 2nd session) Savings in Construction
Act of 1996.

Public Law 104-289
AN ACT

To provide for appropriate implementation of the Metric Conversion Act of 1975 in
Federal construction projects, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress
assembled,

Sec. 1. SHORT TITLE.
This Act may be cited as the “Savings in Construction Act of 1996”.

Sec. 2. FINDINGS.

The Congress finds the following:

(1) The Metric Conversion Act of 1975 was enacted in order to set forth the policy of the United States
to convert to the metric system. Section 3 of that Act requires that each Federal agency use the metric system of
measurements in its procurement, grants, and other business-related activities, unless that use is likely to cause
significant cost or loss of markets to United States firms, such as when’ foreign competitors are producing com-
peting products in non-metric units.

(2) In accordance with that Act and Executive Order 12770, of July 25, 1991, Federal agencies increas-
ingly construct new Federal buildings in round metric dimensions. As a result, companies that wish to bid on
Federal construction projects increasingly are asked to supply materials or products in round metric dimensions.

(3) While the Metric Conversion Act of 1975 currently provides an exemption to metric usage when
impractical or when such usage will cause economic inefficiencies, amendments are warranted to ensure that the
use of specific metric components in metric construction projects do not increase the cost of Federal buildings to
the taxpayers,


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59


(B) in paragraph (4), by striking out “section 111(d) of the Federal Property and Administrative
Services Act of 1949” and inserting in lieu thereof section 5131 of the Information Technology
Management Reform Act of 1996”

(2) in subsection (b)}—

(A) by striking ouf*paragraph (2);

(B) in paragraph (3), by striking out “section 111(d) Of the Federal Property and Administrative
Services Act of 1949” and inserting in lieu thereof “section 5131 of the Information Technology
Management Reform Act of 1996”; and

(C) by redesignating paragraphs (3), (4), (5), and (6) as paragraphs (2), (3), (4), and (5); and (3) in
subsection (d)— .

(A) in paragraph (1)(B)(v), by striking out “as defined” and all that follows and inserting in lieu
thereof a semicolon; and

(B) in paragraph (2)—

(i) by striking out “system”— and all that follows through “means” in subparagraph (A) and
inserting in lieu thereof “system” “means”; and

(ii) by striking out “and” at the end of subparagraph (A) and dil that follows through the end of
subparagraph (B) and inserting in lieu thereof a semicolon.

doketck

March 7, 1996, 110 Stat. 775 (Public Law 104-113—104th Congress, 2nd session) National Technology Transfer
and Advancement Act of 1995.

Public Law 104-113

AN ACT

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.

Sec. 1. SHORT TITLE.
This Act may be cited as the “National Technology Transfer and Advancement Act of 1995.”

Sec. 2. FINDINGS.

The Congress finds the following:

(1) Bringing technology and industrial innovation to the marketplace is central to the economic, environ-
mental, and social well-being of the people of the United States.

(2) The Federal Government can help United States business to speed the development of new products
and processes by entering into cooperative research and development agreements which make available the
assistance of Federal laboratories to the private sector, but the commercialization of technology and indus-
trial innovation in the United States depends upon actions by business.

(3) The commercialization of technology and industrial innovation in the United States will be enhanced
if companies, in return for reasonable compensation to the Federal Government, can more easily obtain
exclusive licenses to inventions which develop as a result of cooperative research with scientists
employed by Federal laboratories.

Sec. 3. USE OF FEDERAL TECHNOLOGY.
Subparagraph (B) of section 11(e)(7) of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C.
3710()(7)(B)) is amended to read as follows:
“(B) A transfer shall be made by any Federal agency under subparagraph (A), for any fiscal year,
only if the amount so transferred by that agency (as determined under such subparagraph) would
exceed $10,000”.



“SEc. 2, FINDINGS.

“The Congress finds that—

“(1) the United States fastener industry is a significant contributor to the global economy, employing
thousands of workers in hundreds of communities;

“(2) the American economy uses billions of fasteners each year;

“(3) state-of-the-art manufacturing and improved quality assurance systems have dramatically improved
fastener quality, so virtually all fasteners sold in commerce meet or exceed the consensus standards for the
uses to which they are applied;

“(4) a small number of mismarked, misrepresented, and counterfeit fasteners do enter commerce in the
United States; and

“(5) multiple criteria for the identification of fasteners exist, including grade identification markings and
manufacturer’s insignia, to enable purchasers and users of fasteners to accurately evaluate the characteristics
of individual fasteners.” .

Sec. 3. DEFINITIONS.
Section 3 of the Fastener Quality Act (15 U.S.C. 5402) is amended to read as follows:
“Sec. 3. DEFINITIONS.

“As used in this Act, the term—

“(1) ‘accredited laboratory’ means a fastener testing facility used to perform end-of-line testing Tequired
by a consensus standard or standards to verify that a lot of fasteners conforms to the grade identification
marking called for in the consensus standard or standards to which the lot of fasteners has been
manufactured, and which—

“(A) meets the requirements of ISO/IEC Guide 25 (or another document approved by the Director
under section 10(c)), including revisions from time-to-time; and

“(B) has been accredited by a laboratory accreditation body that meets the requirements of ISO/IEC
Guide 58 (or another document approved by the Director under section 10(d)), including revisions from
time-to-time;

“(2) ‘consensus standard’ means the provisions of a document that describes fastener characteristics
published by a consensus standards organization or a Federal agency, and does not include a proprietary
standard;

“(3) ‘consensus standards organization’ means the American Society for Testing and Materials, the
American National Standards Institute, the American Society of Mechanical Engineers, the Society of
Automotive Engineers, the International Organization for Standardization, any other organization identified
as a United States consensus standards organization or a foreign and international consensus standards
organization in the Federal Register at 61 Fed. Reg. 50582-83 (September 26, 1996), and any successor
organizations thereto;

“(4) ‘Director’ means the Director of the National Institute of Standards and Technology;

“(5) ‘distributor’ means a person who purchases fasteners for the purpose of reselling them at wholesale
to unaffiliated persons within the United States (an original equipment manufacturer and its dealers shall be
considered affiliated persons for purposes of this Act);

“(6) ‘fastener’ means a metallic screw, nut, bolt, or stud having internal or external threads, with a
nominal diameter of 6 millimeters or greater, in the case of such items described in metric terms, or 1/4 inch
or greater, in the case of such items described in terms of the English system of measurement, or a
load-indicating washer, that is through-hardened or represented as meeting a consensus standard that calls
for through-hardening, and that is grade identification marked or represented as meeting a consensus
standard that requires grade identification marking, except that such term does not include any screw, nut,
bolt, stud, or load-indicating washer that is—

“(A) part of an assembly;

“(B) a part that is ordered for use as a spare, substitute, service, or replacement part, unless that part
is in a package containing more than 75 of any such part at the time of sale, or a part that is contained
in an assembly kit;

30


APPENDIX G

SCIENTIFIC AWARDS GIVEN BY THE DEPARTMENT
OF COMMERCE AND NIST TO STAFF MEMBERS, 1994-2001

The Gold Medal, established in 1949, was the highest honor conferred upon an employee by the Department
of Commerce. It was bestowed for distinguished achievements of major significance to the Department
or to the Nation.

The Samuel Wesley Stratton Award was created by NBS in 1962 to recognize unusually significant
research contributions to science or engineering that merited the acclaim of the scientific world and supported
NBS/NIST objectives.

The Edward Bennett Rosa Award, established by NBS in 1964, recognized outstanding achievements in the
development of meaningful and significant standards of practice in the measurement field.

The Edward Uhler Condon Award was given by NBS, beginning in 1974, to recognize distinguished
achievements in written exposition in science or technology.

The Applied Research Award, established by NBS in 1975, recognized superior achievement in the
practical application of the results of scientific or engineering research.

The Allen V. Astin Measurement Science Award, first given by NBS in 1984, recognized outstanding
achievement in the advancement of measurement science or in the delivery of measurement services.

The William P. Slichter Award, established by NIST in 1992, recognized outstanding achievements
by NIST staff in building or strengthening ties between NIST and industry. The award was named as a
memorial to William P. Slichter, Executive Director, Materials Science and Engineering Division,
AT&T Bell Laboratories, who served on the first NIST Visiting Committee for Advanced Technology.

1994

Gold Medal Awards—

James E. Hill

Miles E. Smid

Jack Sugar

Group: Theodore D. Doiron, Timothy J. Drapela, Paul D. Hale, Steven E. Mechels, Matt Young

Stratton Awards—
Richard D. Leapman
Dale E. Newbury

Condon Award—
Charles M. Beck II

Rosa Award—
David C. Stieren

Applied Research Award— ;
Group: Herbert T. Bandy, Bradley N. Damazo, M. Alkan Donmez, David E. Gilsinn, Mahn H. Hahn, Kari K. Harper,
Michael D. Kennedy, Neil D. Wilkin, Wendy A. Wyatt, Kenneth W. Yee

Astin Award—
Group: George W. Burns, Margaret G. Kaeser. Gregory F. Strouse, M. Carroll Croarkin, William F. Guthrie

Slichter Award—
Robert I. Scace

67


Stratton Award—

Wen-Li Wu

Condon Award—

Richard L. Kautz

Rosa Award— ¥

George W. Burns °
Applied Research Award—

Nelson N. Hsu

Astin Award—

Billy W. Mangum

Slichter Award—

Group: Anthony Bur, Kalman Migler, Francis Wang

1998

Gold Medal Awards— ’
B. Stephen Carpenter

Harry S. Hertz

Lura J. Powell

Rosalie T. Ruegg

Paul S. Julienne

Group: Gene C. Hilton, Kent D. Irwin, John M. Martinis, David A.Wollman

Stratton Award—
William F. Egelhoff, Jr.

Condon Award—
None

Rosa Award—

Group: Edgar G. Erber, Dennis S. Everett, Howard H. Harary

Applied Research Award—

Group: Gene C. Hilton, Kent D. Irwin, John M. Martinis, David A.Wollman
Astin Award—

Judah Levine

Slichter Award—

Group: W. Gary Mallard, Stephen E. Stein

1999

Gold Medal Award—

William J. Boettinger

Group: Charles J. Glinka, Charles F. Majkrzak

Stratton Award—

Group: David B. Newell, Richard L, Steiner, Edwin R. Williams i
Condon Award—

John R.D. Copley

Rosa Award—

Fred L. Walls

Applied Research Award—

Group: Ronald G. Dixson, Joseph N. Fu

Astin Award—

Group: Nile M Oldham, Mark E. Parker, Robert J. Densock, Raymond M. Hoffman, Richard D. Schneeman

Slichter Award—
Mark O. McLinden

69


2000

Gold Medal Awards—
Takashi Kashiwagi
Group: Victor R. McCrary, John W. Roberts

Stratton Award—
Robert D. McMichael

Condon Award—
Group: Ali Eichenberger, Mark W. Keller, John M. Martinis, Neil M. Zimmerman

Rosa Award—

Belinda L. Collins

Applied Research Award—

Group: Edwin R. Fuller, Jr., Andrew R. Roosen, Stephen A. Langer

Astin Award—
John L. Hall

Slichter Award—
Fernando L. Podio
2001

Gold Medal Awards—
Group: Elaine B. Barker, Lawrence E. Bassham, William E. Burr, James F. Dray, Jr., Morris J. Dworkin,
James G. Foti, James R. Nechvatal, Edward A. Roback, Miles E. Smid, Juan Soto, Jr.

Group: Robert A. Clary, Chistopher J. Evans, Michael L. McGlauflin, Manfred L. Osti, Richard L. Rhorer, Charles
R. Tilford, Eric P. Whitenton

Group: James C. Bergquist, Steven T. Cundiff, Scott A. Diddams, Leo Hollberg, Christopher W. Oates, June Ye
Group: Daniel Josell, Thomas P. Moffat, Gery R. Stafford

Stratton Award—
Deborah Shiu-Lan Jin

Condon Award—
Group: James C. Bergquist, Steven R. Jefferts, David J. Wineland

Rosa Award—
R. Michael McCabe

Applied Research Award—
None

Astin Award— '
Thomas R. Scott

Slichter Award—
Group: Eric K. Lin, Wen-Li Wu

Source: NIST Archives—Award Brochure Collection

70


(1) In general—It is the sense of the Congress that the Director of the National Institute of Standards and
Technology should, to the greatest extent practicable and in a manner consistent with applicable Federal law
(including Executive Order No. 12999), donate educationally useful Federal equipment to schools in order to
enhance the science and mathematics programs of those schools.

(2) Reports.—

(A) In general. —Not later than 1 year after the date of.the enactment of this Act, and annually ther
after, the Director of the National Institute of Standards and Technology shall prepare and submit to the
President a report. The President shall submit the report to Congress at the same time as the President
submits a budget request to Congress under section 1105(a) of title 31, United States Code.

(B) Contents of report—The report prepared by the Director under this paragraph shall describe any
donations of educationally useful Federal equipment to schools made during the period covered by
the report.

Sec. 7. TEACHER SCIENCE AND TECHNOLOGY ENHANCEMENT INSTITUTE PROGRAM.

The National Institute of Standards and Technology Act (15 U.S.C. 271 et seq.) is is amended by inserting after
section 19 the following:

“SEC. 19A. (a) The Director shall establish within the Institute a teacher science and technology enhancement
program to provide for professional development of mathematics and science teachers of elementary, middle,
and secondary schools (as those terms are defined by the Director), including providing for the improvement
of those teachers with respect to the understanding of science and the impacts of science on commerce.
“(b) In carrying out the program under this section, the Director shall focus on the areas of —

“(1) scientific measurements;

“(2) tests and standards development;

“(3) industrial competitiveness and quality;

“(4) manufacturing;

“(5) technology transfer; and

“(6) any other area of expertise of the Institute that the Director determines to be appropriate.
“(c) The Director shall develop and issue procedures and selection criteria for participants in the program.
“(d) The program under this section shall be conducted on an annual basis during the summer months, during
the period of time when a majority of elementary, middle, and secondary schools have not commenced a
school year.
“(e) The program shall provide for teachers’ participation in activities at the laboratory facilities of the
Institute, or shall utilize other means of accomplishing the goals of the program as determined by the Director,
which may include the Internet, video conferencing and recording, and workshops and conferences.”

Sec. 8. OFFICE OF SPACE COMMERCIALIZATION.

(a) Establishment—There is established within the Department of Commerce an Office of Space
Commercialization (referred to in this section as the “Office”).

(b) Director—The Office shall be headed by a Director, who shall be a senior executive and shall be
compensated at a level in the Senior Executive Service under section 5382 of title 5, United States Code, as
determined by the Secretary of Commerce.

(c) Functions of the Office; Duties of the Director—The Office shall be the principal unit for the coordination
of space-related issues, programs, and initiatives within the Department of Commerce. The primary
responsibilities of the Director, in carrying out the functions of the Office, shall include—

(1) promoting commercial provider investment in space activities by collecting, analyzing, and
disseminating information on space markets, and conducting workshops and seminars to increase awareness
of commercial space opportunities;

(2) assisting United States commercial providers in the efforts of those providers to conduct business with
the United States Government;

(3) acting as an industry advocate within. the executive branch of the Federal Government to ensure that
the Federal Government meets the space-related requirements of the Federal Government, to the fullest
extent feasible, using commercially available space goods and services;

27


April 10, 1995, 109 Stat. 73 (Public Law 104-6—104th Congress, Ist session) Emergency Supplemental
Appropriations and Rescissions for the Department of Defense to Preserve and Enhance Military Readiness Act
of 1995; Mexican Debt Disclosure Act of 1995.

Public Law 104-6
AN ACT

Making emergency supplemental appropriations and rescissions to preserve and

enhance military readiness of the Department of Defense for the fiscal year
ending September 30, 1995, and for other purposes.

TITLE
Rescissions
DEPARTMENT OF COMMERCE ~
National Institute of Standards and Technology (109 Stat. 84)
Industrial Technology Services.

Of the amounts made available under this heading in Public Law 103-317 for the Advanced Technology Pro-
gram, $90,000,000 are rescinded.

seek

May 22, 1995, 109 Stat. 163 (Public Law 104-13—104th Congress, Ist session) Paperwork Reduction Act of
1995.

Public Law 104-13
om AN ACT
To further the goals of the Paperwork Reduction Act to have Federal agencies
become more responsible and publicly accountable for reducing the burden of
Federal paperwork on the public, and for other purposes.

Ssc. 2. Coordination of Federal Information Policy. Chapter 35 of title 44, United States Code is amended to
read as follows:
“SEC. 3504 (109 Stat. 169) Authority and functions of Director
“(h) With respect to Federal information technology, the Director shall—
“(1) in consultation with the Director of the National Insatitute of Standards and Technology and the
Administrator of General Services—

“(A) develop and oversee the implementation of policies, principles, standards, and guidelines for
information technology functions and activities of the Federal Government, including periodic
evaluations of major information systems; and

“(B) oversee the development and implementation of standards under section 111(d) of the
Federal Property and Administrative Services Act of 1949 (40 U.S.C. 759(d));

“(2) monitor the effectiveness of, and compliance with, directives issued under sections 110 and 111 of
the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 757 and 759);

“(3) coordinate the development and review by the Office of Information and Regulatory Affairs of
policy associated with Federal procurement and acquisition of information technology with the Office
of Federal Procurement Policy;

“(4) ensure, through the review of agency budget proposals, information resources management plans and
other means—

“(A) agency integration of information resources management plans, program plans and budgets for
acquisition and use of information technology; and

“(B) the efficiency and effectiveness of inter-agency information technology initiatives to improve
agency performance and the accomplishment of agency missions; and

“(5) promote the use of information technology by the Federal Government to improve the productivity,
efficiency, and effectiveness of Federal programs, including through dissemination of public information and
the reduction of information collection burdens on the public.


(B) The advisory board shall include as members scientists from State, local, and private forensic
laboratories, molecular geneticists and population geneticists not affiliated with a forensic laboratory,
and a representative from the National Institute of Standards and Technology.

(C) The advisory board shall develop, and if appropriate, periodically revise, recommended standards
for quality assurance,including standards for testing the proficiency of forensic laboratories, and
forensic analysts, in conducting analyses of DNA.

seek

October 13, 1994, 108 Stat. 3243 (Public Law 103-355—103rd Congress, 2nd session) Federal Acquisition

Streamlining Act of 1994,
Public Law 103-355
AN ACT
To revise and streamline the acquisition laws of the Federal Government, and for other
purposes. “

TITLE IX—FEDERAL ACQUISITION COMPUTER NETWORK

Sec. 9001. (108 Stat. 3399) Federal Acquisition Computer Network Architecture and Implementation.

(a) Federal Acquisition Computer Network Architecture-—The Office of Federal Procurement Policy Act
(41 U.S.C. 401 et seq.) is amended by adding after section 29, as added by section 1093, the following new
sections:

“Sec. 30. Federal Acquisition Computer Network (FACNET) Architecture.
“(a) In General.—
(1) The Administrator shall establish a program for the development and implementation of a Federal
acquisition computer network architecture (hereafter in this section referred to as ‘FACNET”) that will be
e Government-wide and provide interoperability among users. The Administrator shall assign a program
manager for FACNET and shall provide for overall direction of policy and leadership in the development,
coordination, installation, operation, and completion of implementation of FACNET by executive agencies.
“(2) In carrying out paragraph (1), the Administrator shall consult with the heads of appropriate Federal
agencies with applicable technical and functional expertise, including the Office of Information and
Regulatory Affairs, the National Institute of Standards and Technology, the General Services Administration,
and the Department of Defense.

sence

October 19, 1994, 108 Stat. 3492 (Public Law 103-374—103rd Congress, 2nd session) Earthquake Hazards Re-
duction Act of 1977, Authorization and Amendment.

Public Law 103-374

;

AN ACT

To authorize appropriations for carrying out the Earthquake Hazards Reduction
Act of 1977 for fiscal years 1995 and 1996.

Sec. 1. (108 Stat. 3492) Authorization of Appropriations.

Section 12 of the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7706) is amended—

(4) by adding at the end of subsection (d) the following new sentence: “There are authorized to be
appropriated, out of funds otherwise authorized to be appropriated to the National Institute of Standards and
Technology, $1,900,000 for the fiscal year ending September 30, 1995, and $1,957,000 for the fiscal year
ending September 30,1996.”

sale


Sec. 3. DEFINITIONS.

Section 4 of the Metric Conversion Act of 1975 (15 U.S.C. 205c) is amended—
(1) by striking “and” at the end of paragraph (3);
(2) by striking “Commerce.” in paragraph (4) and inserting “Commerce;”; and
(3) by inserting after paragraph (4) the following:
“(5) ‘full and open competition’ has the same meaning as defined in section 403(6) of title 41, United
States Code;
“(© ‘total installed price’ means the price of purchasing a product or material, trimming or otherwise
altering some or all of that product or material, if necessary to fit with other building components, and
then installing that product or material into a Federal facility;
“(7) ‘hard-metric’ means measurement, design, and manufacture using the metric system of measurement,
but does not include measurement, design, and manufacture using English system measurement units
which are subsequently re-expressed in the metric system of measurement;
“(8) ‘cost or pricing data or price analysis’ has the meaning given such terms in section 304A of the
Federal Property and Administrative Services Act of 1949 (41 U.S.C. 254b); and
“(9) ‘Federal facility’ means any public building (as defined under section 13 of the Public Buildings Act
of 1959 (40 U.S.C. 612) and shall include any Federal building or construction project—
“(A) on lands in the public main;
“(B) on lands used in connection with Federal programs for agriculture research, recreation, and
conservation programs;
“(C) on or used in connection with river, harbor, flood control, reclamation, or power projects;
“(D) on or used in connection with housing and residential projects;
“() on military installations (including any fort, camp, post, naval training station, airfield, proving
ground, military supply depot, military school, or any similar facility of the Department of Defense);
“() on installations of the Department of Veteran Affairs used for hospital or domiciliary purposes; or
“@) on lands used in connection with Federal prisons, but does not include (i) any Federal building
or construction project the exclusion of which the President deems to be justified in the public interest,
or (ii) any construction project or building owned or controlled by a State government, local
government, Indian tribe, or any private entity.”.

Sec. 4. IMPLEMENTATION IN ACQUISITION OF FEDERAL FACILITIES.

(a) The Metric Conversion Act of 1975 (15 U.S.C. 205 et seq.) is amended by inserting after section 13 the
following new section:

“Sec. 14, IMPLEMENTATION IN ACQUISITION OF CONSTRUCTION SERVICES AND MATERIALS
FOR FEDERAL FACILITIES.

“(a) In General.—Construction services and materials for Federal facilities shall be procured in accordance
with the policies and procedures set forth in chapter 137 of title 10, United States Code, section 2377 of

title 10, United States Code, title III of the Federal Property and Administrative Services Act of 1949 (41
U.S.C. 251 et seq.), and section 3(2) of this Act. Determination of a design method shall be based upon
preliminary market research as required under section 2377(c) of tifle 10, United States Code, and section
314B(c) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 264b(c)). If the
requirements of this Act conflict with the provisions of section 2377 of title 10, United States Code, or section
314B of the Federal Property and Administrative Services Act of 1949, then the provisions of 2377 or 314B
shall take precedence.

“(b) Concrete Masonry Units.—In carrying out the policy set forth in section 3 (with particular emphasis on
the policy set forth in paragraph (2) of that section) a Federal agency may require that specifications for the
acquisition of structures or systems of concrete masonry be expressed under the metric system of
measurement, but may not incorporate specifications, that can only be satisfied by hard-metric versions of
concrete masonry units, in a solicitation for design or construction of a Federal facility within the United
States or its territories, or a portion of said Federal facility, unless the head of the agency determines in writing
that—


January 26, 1996, 110 Stat. 26 (Public Law 104-99—104th Congress, 2nd session) Balanced Budget Downpay-
ment Act, 1996.

Public Law 104-99

AN ACT

Making appropriations for fiscal year 1996 to make a downpayment toward a balanced
budget, and for other purposes.

TITLE II—DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE JUDICIARY,
AND RELATED AGENCIES APPROPRIATIONS (110 Stat. 35)

Sec. 201. (a)...Provided, that, notwithstanding any other provision of this title of this Act, the rate for opera-
tions only for program administration and the continuation of grants awarded in for program administration and
the continuation of grants awarded in fiscal year 1995 and prior years of the Advanced Technology Program of
the National Institute of Standards and Technology, and the rate for operations for the Ounce of Prevention
Council, Drug Courts, Global Learning and Observations to Benefit the Environment, and for the Cops on the
Beat Program may be increased up to a level of 75 per centum of the final fiscal year 1995 appropriated

amount:...
ae

February 10, 1996, 110 Stat. 186 (Public Law 104-106—104th Congress, 2nd session) National Defense Autho-
rization Act for Fiscal Year 1996.

Public Law 104-106
AN ACT

To authorize appropriations for fiscal year 1996 for military activities of the Department
of Defense, for military construction, and for defense activities of the Department of
Energy, to prescribe personnel strengths for such fiscal year for the Armed Forces, to

reform acquisition laws and information technology management of the Federal
Government, and for other purposes.

Title LI-Responsibility for Acquisitions of Information Technology

Sec. 5112. (110 Stat. 681) Capital Planning and Investment Control.

(d) Information Technology Standards.The Director shall oversee the development and implementation of
standards and guidelines pertaining to Federal computer systems by the Secretary of Commerce through the
National Institute of Standards and Technology under section 5131 and section 20 of the National Institute of
Standards and Technology Act (15 U.S.C. 278g-3).

Sec. 5131. (110 Stat. 687) Responsibilities Regarding Efficiency, Security, and Privacy of Federal Computer
Systems. i
(a) Standards and Guidelines —

(1) Authority—The Secretary of Commerce shall, on the basis of standards and guidelines developed by
the National Institute of Standards and Technology pursuant to paragraphs (2) and (3) of section 20(a) of the
National Institute of Standards and Technology Act (15 U.S.C. 278g-3(a), promulgate standards and guidelines
pertaining to Federal computer systems.

Sec. 5607. (110 Stat. 701) Other Laws.
(a) National Institute of Standards and Technology Act— Section 20 of the National Institute of Standards and
Technology Act (15 U.S.C. 278g-3) is amended—
(1) in subsection (a)—
(A) by striking out “section 3502(2) of title 44” each place it appears in paragraphs (2) and (3)(A)
and inserting in lieu thereof “section 3502(9) of title 44” and

6


Sec. 1. AMENDMENT.

Section 15 of the Fastener Quality Act (15 U.S.C. 5414) is amended—
(1) by inserting “(a) Transitional Rule—” before “The requirements of this Act”; and
(2) by adding at the end the following new subsection:

“(b) Aircraft Exemption.”

(1) In general.—The requirements of this Act shall not apply to fasteners specifically manufactured or
altered for use on an aircraft if the quality and suitability of those fasteners for that use has been approved
by the Federal Aviation Administration, except as provided in paragraph (2)

“(2) Exception.—Paragraph (1) shall not apply to fasteners represented by the fastener manufacturet as
having been manufactured in conformance with standards or specifications established by a consensus
standards organization or a Federal agency other than the Federal Aviation Administration.”

Sec. 2. DELAYED IMPLEMENTATION OF REGULATIONS.

The regulations issued under the Fastener Quality Act by the National Institute of Standards and Technology
on April 14, 1998, and any other regulations issued by the National Institute of Standards and Technology pur-
suant to the Fastener Quality Act, shall not take effect until after the later of June 1, 1999, or the expiration of
120 days after the Secretary of Commerce transmits to the Committee on Science and the Committee on Com-
merce of the House of Representatives, and to the Committee-on Commerce, Science, and Transportation of the
Senate, a report on—

(1) changes in fastener manufacturing processes that have occurred since the enactment of the Fastener
Quality Act;

(2) a comparison of the Fastener Quality Act to other regulatory programs that regulate the various
categories of fasteners, and an analysis of any duplication that exists among programs; and

3) any changes in that Act that may be warranted because of the changes reported under paragraphs (1)
and (2).

The report required by this section shall be transmitted to the Committee on Science and the Committee
on Commerce of the House of Representatives, and to the
Committee on Commerce, Science, and Transportation of the Senate, by February 1, 1999.

Approved August 14, 1998.
coord

October 9, 1998, 112 Stat. 1870 (Public Law 105-251—105th Congress, 2nd session) Criminal Identification
Technology.

Public Law 105-251 AN ACT
To provide for the improvement of interstate criminal justice identification, information,
communications.

Sec. 102 (112 Stat. 1871) State Grant Program for Criminal Justice Identification, Information, and
Communication.

(b) Use of Grant Amounts.—Grants under this section may be used for programs to establish, develop, update,
or upgrade—

(1) State centralized, automated, adult and juvenile criminal history record information systems, including
arrest and disposition reporting;

(2) automated fingerprint identification systems that are compatible with standards established by the
National Institute of Standards and Technology and interoperable with the Integrated Automated Fingerprint
Identification System (IAFIS) of the Federal Bureau of Investigation;

(3) finger imaging, live scan, and other automated systems to digitize fingerprints and to communicate
prints in a manner that is compatible with standards established by the National Institute of Standards and
Technology and interoperable with systems operated by States and by the Federal Bureau of Investigation.

seek

22


Responding to National Needs
; 1994 — 2001
Supplement to Appendices

Information contained in this document updates and expands
the data presented in the Appendices of NIST SP 955,
Responding to National Needs: The National Bureau

of Standards Becomes the National Institute of Standards and
Technology 1969-1993, by James F. Schooley, November 2000

Authors and Editors:
Diane Cunningham
Paula Deutsch

Julian M. Ives

Sandra Lee Kelley
Keith Martin

John Norris

Electronic Composition:
Tlse Putman

July 2002

«et OF COI

a a

koa)

~
States of TM

En,
er)

* Dd
oe
ten

U.S. Department of Commerce
Donald L. Evans, Secretary

‘Technology Administration
Phillip J. Bond, Under Secretary of Commerce for Technology

National Institute of Standards and Technology
Arden L. Bement, Jr., Director


December 29, 2000, 114 Stat. 3088 (Public Law 106-580—106th Congress, 2nd session) National Institute of
Biomedical Imaging and Bioengineering Establishment Act.

Public Law 106-580
AN ACT

To amend the Public Health Service Act to establish the National Institute of
Biomedical Imaging and Bioengineering.

Sec. 3. Establishment of National Institute of Biomedical Imaging and Bioengineering. (114 Stat. 3089-90)

(a) In General.—Part C of title IV of the Public Health Service Act (42 U.S.C. 285 et seq.) is amended by
adding at the end the following subpart:

“Subpart 18—National Institute of Biomedical Imaging and Bioengineering. “Purpose of the Institute

“Sec. 464z(c)(3) (114 Stat. 3090) In addition to the ex officio members specified in section 406(b)(2), the ex
officio members of the advisory council shall include the Director of the Centers for Disease Control and Preven-
tion, the Director of the National Science Foundation, and the Director of the National Institute of Standards and
Technology (or the designees of such officers).

see

October 26, 2001, 115 Stat. 272 (Public Law 107-56—107th Congress, Ist session) Uniting and Strengthening
America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act.

Public Law 107-56

AN ACT

To Unite and Strengthen America by Providing Appropriate Tools Required to Intercept
and Obstruct Terrorism (USA Patriot Act) Act of 2001.

Sec. 403. (c) Technology Standard to Confirm Identity.

(1) In General—The Attorney General and the Secretary of State jointly, through the National Institute of
Standards and Technology (NIST), and in consultation with the Secretary of the Treasury and other Federal
law enforcement and intelligence agencies the Attorney General or Secretary of State deems appropriate and
in consultation with Congress, shall within 2 years after the date of the enactment of this section, develop
and certify a technology standard that can be used to verify and identify of persons applying for a United
States visa or such persons seeking to enter the United States pursuant to a visa for the purposes of
conducting background checks, confirming identify, and ensuring that a person has not received a visa under
a different name or such person seeking to enter the United States pursuant to a visa.

(2) Integrated—The Technology standard developed pursuant to Paragraph (1), shall be the technological
basis for a cross-agency, cross-platform electronic system that is a cost-effective, efficient, fully integrated
means to share law enforcement and intelligence information necessary to confirm the identify of such
persons applying for a United States visa or such person seeking to enter the United States pursuant
to a visa.

(3) Accessible.—The electronic system described in paragraph (2), once implemented, shall be readily and
easily accessible to—

(A) all consular officers responsible for the issuance of visas;

(B) all Federal inspection agents at all United States border inspection points; and

(C) all law enforcement and intelligence officers as determined by regulation to be responsible for
investigation or identification of aliens admitted to the United States pursuant to a visa.

45


oy eR

RTS

Tease:

“(D) waive, subject to reservation by the Government of a nonexclusive, irrevocable, paid-up license
to practice the invention or have the invention practiced throughout the world by or on behalf of the
Government, in advance, in whole or in part, any right of ownership which the Federal Government
may have to any subject invention made under the agreement by a collaborating party or employee of a
collaborating party. »

“(4) A collaborating party in an exclusive license in any invention made under an agreement entered into
pursuant to subsection (a)(1) shall have the right of enforcement under chapter 29 of title 35, United
States Code.

“(S) A Government-owned, contractor-operated laboratory that enters into a cooperative research and
development agreement pursuant to subsection (a)(1) may use or obligate royalties or other income
accruing to the laboratory under stich agreement with respect to any invention only—

“(A) for payments to inventors;

“(B) for purposes described in clauses (i), (ii), (iii), and (iv) of section 14(a)(1)(B); and

“(C) for scientific research and development consistent with the research and development missions

and objectives of the laboratory.”

Src. 5. DISTRIBUTION OF INCOME FROM INTELLECTUAL PROPERTY RECEIVED BY
FEDERAL LABORATORIES

Section 14 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710c) is amended—
(1) by amending subsection (a)(1) to read as follows:
“(1) Except as provided in paragraphs (2) and (4), any royalties or other payments received by a Federal
agency from the licensing and assignment of inventions under agreements entered into by Federal
laboratories under section 12, and from the licensing of inventions of Federal laboratories under section
207 of title 35, United States Code, or under any other provision of law, shall be retained by the
laboratory which produced the invention and shall be disposed of as follows:

“(A) (i) The head of the agency or laboratory, or such individual’s designee, shall pay each year
the first $2,000, and thereafter at least 15 percent, of the royalties or other payments to the
inventor or coinventors.

“(ii) An agency or laboratory may provide appropriate incentives, from royalties, or other
payments, to laboratory employees who are not an inventor of such inventions but who
substantially increased the technical value of such inventions.

“(iii) The agency or laboratory shall retain the royalties and other payments received from an
invention until the agency or laboratory makes payments to employees of a laboratory under
clause (i) or (ii).

“(B) The balance of the royalties or other payments shall be transferred by the agency to its laborato-

ries, with the majority share of the royalties or other payments from any invention going to the

laboratory where the invention occurred. The royalties or other payments so transferred to any
laboratory may be used or obligated by that laboratory during the fiscal year in which they are
received or during the succeeding fiscal year—

“(i) to reward scientific, engineering, and technical employees of the laboratory, including devel-
opers of sensitive or classified technology, regardless of whether the technology has commercial
applications;

“(ii) to further scientific exchange among the laboratories of the agency;

“(iii) for education and training of employees consistent with the research and development
missions and objectives of the agency or laboratory, and for other activities that increase the
potential for transfer of the technology of the laboratories of the agency;

“(iv) for payment of expenses incidental to the administration and licensing of intellectual
property by the agency or laboratory with respect to inventions made at that laboratory, including
the fees or other costs for the services of other agencies, persons, or organizations for intellectual
property management and licensing services; or

“(v) for scientific research and development consistent with the research and development
missions and objectives of the laboratory.”


Sec. 4, TITLE TO INTELLECTUAL PROPERTY ARISING FROM COOPERATIVE RESEARCH AND
DEVELOPMENT AGREEMENTS

Subsection (b) of section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C.
3710a(b)) is amended to read as follows:
“(b) Enumerated Authority.—

(1) Under an agreement entered into pursuant to subsection (a)(1), the laboratory may grant, or agree to
grant in advance, to a collaborating party patent licenses or assignments, or options thereto, in any invention
made in whole or in part by a laboratory employee under the agreement, for reasonable compensation when
appropriate. The laboratory shall ensure, through such agreement, that the collaborating party has the option
to choose an exclusive license for a pre-negotiated field of use for any such invention under the agreement
or, if there is more than one collaborating party, that the collaborating parties are offered the option to hold
licensing rights that collectively encompass the rights that would be held under such an exclusive license by
one party. In consideration for the Government's contribution under the agreement, grants under this par
graph shall be subject to the following explicit conditions:

“(A) A nonexclusive, nontransferable, irrevocable, paid-up license from the collaborating party to the
laboratory to practice the invention or have the invention practiced throughout the world by or on b
half of the Government. In the exercise of such license, the Government shall not publicly disclose
trade secrets or commercial or financial information that is privileged or confidential within the
meaning of section 552(b)(4) of title 5, United States Code, or which would be considered as such if it
had been obtained from a non-Federal party.

“(B) If a laboratory assigns title or grants an exclusive license to such an invention, the Government
shall retain the right—

“(i to require the collaborating party to grant to a responsible applicant a nonexclusive, partially
exclusive, or exclusive license to use the invention in the applicant’s licensed field of use, on
terms that are reasonable under the circumstances; or

“Gi) if the collaborating party fails to grant such a license, to grant the license itself.

“(C) The Government may exercise its right retained under subparagraph (B) only in exceptional

circumstances and only if the Government determines that—

“(i the action is necessary to meet health or safety needs that are not reasonably satisfied by the
collaborating party;”

(ii) the action is necessary to’ meet requirements for public use specified by Federal regulations,
and such requirements are not reasonably satisfied by the collaborating party; or

“(ii) the collaborating party has failed to comply with an agreement containing provisions
described in subsection (c)(4)(B).

This determination is subject to administrative appeal and judicial review under section 203(2) of title 35,
United States Code.

“(2) Under agreements entered into pursuant to subsection (a)(1), the laboratory shall ensure that a collab-
orating party may retain title to any invention made solely by its employee in exchange for normally
granting the Government a nonexclusive, nontransferable, irrevocable, paid-up license to practice the
invention or have the invention practiced throughout the world by or on behalf of the Government for
research or other Government purposes.

“(3) Under an agreement entered into pursuant to subsection’ (a)(1), a laboratory may—

“‘A) accept, retain, and use funds, personnel, services, and property from a collaborating party and
provide personnel, services, and property to a collaborating party;

“(B) use funds received from a collaborating party in accordance with subparagraph (A) to hire
personnel to carry out the agreement who will not be subject to full-time-equivalent restrictions of the
agency;

“(C) to the extent consistent with any applicable agency requirements or standards of conduct, permit
an employee or former employee of the laboratory to participate in an effort to commercialize an
invention made by the employee or former employee while in the employment or service of the
Government; and


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661
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6661-1661 ‘SALVIOOSSV HOUVASAA TVAOLIOGLSOd ISIN

58



“f) Agency Reports on Utilization.

“1) In general—Each Federal agency which operates or directs one or more Federal laboratories or which
conducts activities under sections 207 and 209 of title 35, United States Code, shall report annually to the
Office of Management and Budget, as part of the agency’s annual budget submission, on the activities pe
formed by that agency apd its Federal laboratories under the provisions of this section and of sections 207
and 209 of title 35, United States Code. ¢

“2) Contents.—The report shall include—

“(A) an explanation of the agency’s technology transfer program for the preceding fiscal year and
agency’s plans for conducting its technology transfer function, including its plans for securing
intellectual property rights in laboratory innovations with commercial promise and plans for managing
its intellectual property so as to advance the agency’s mission and benefit the competitiveness of
United States industry; and

“B) information on technology transfer activities for the preceding fiscal year, including—

“(i the number of patent applications filed;

“(i) the number of patents received;

“(iii) the number of fully-executed licenses which received royalty income in the preceding
fiscal year, categorized by whether they are exclusive, partially-exclusive, or non-exclusive, and
the time elapsed from the date on which the license was requested by the licensee in writing to
the date the license was executed;

“(iv) the total earned royalty income including such statistical information as the total earned
royalty income, of the top 1 percent, 5 percent, and 20 percent of the licenses, the range of
royalty income, and the median, except where disclosure of such information would reveal the
amount of royalty income associated with an individual license or licensee;

“(v) what disposition was made of the income described in clause (iv); “(vi) the number of
licenses terminated for cause; and

“(vii) any other parameters or discussion that the agency deems relevant or unique to its practice
of technology transfer.

“(3) Copy to secretary; attorney general; congress.—The agency shall transmit a copy of the report to the
Secretary of Commerce and the Attorney General for inclusion in the annual report to Congress and the
President required by subsection (g)(2).

“(4) Public availability — Each Federal agency reporting under this subsection is also strongly encouraged
to make the information contained in such report available to the public through Internet sites or other
electronic means.”;

(3) by striking subsection (g)(2) and inserting the following:

“(2) Reports.—

“(A) Annual report required.—The Secretary, in consultation with the Attorney General and the
Commissioner of Patents and Trademarks, shall submit each fiscal year, beginning 1 year after the
enactment of the Technology Transfer Commercialization Act of 2000, a summary report to the
President, the United States Trade Representative, and the Congress on the use by Federal agencies and
the Secretary of the technology transfer authorities specified in this Act and in sections 207 and 209 of
title 35, United States Code.

“(B) Content.—The report shall—

“(@) draw upon the reports prepared by the agencies under subsection (f);

“Gi) discuss technology transfer best practices and effective approaches in the licensing and
transfer of technology in the context of the agencies’ missions; and

“(iii) discuss the progress made toward development of additional useful measures of the ou
comes of technology transfer programs of Federal agencies.

“(C) Public availability —The Secretary shall make the report available to the public through Internet
sites or other electronic means.”; and

(4) by inserting after subsection (g) the following:

“h) Duplication of Reporting. —The reporting obligations imposed by this section—

“(1) are not intended to impose requirements that duplicate requirements imposed by the Government

Performance and Results Act of 1993 (31 U.S.C. 1101 note);

4)


“(7) Report—
“(A) In general—Not later than 90 days after the date of the enactment of the Technology
Administration Act of 1998, the Under Secretary shall prepare and submit a report that meets the
requirements of this paragraph to the Secretary. Upon receipt of the report, the Secretary shall transmit
a copy of the report to the Committee on Commerce, Science, and Transportation of the Senate and the
Committee on Sciencé of the House of Representatives.
“(B) Requirements for report—The report prepared under this paragraph shall contain with respect to
the program
“(i) a description of the structure and procedures of the program;
“(ii) a management plan for the program;
“(ii) a description of the merit-based review process to be used in the program;
“(iv) milestones for the evaluation of activities to be assisted under the program in
fiscal year 1999;
“(v) an assessment of the eligibility of each State that participates in the Experimental Program
to Stimulate Competitive Research of the National Science Foundation to participate in the
program under this subsection; and 7
“(vi) the evaluation criteria with respect to which the overall management and effectiveness of
the program will be evaluated.”

Sec. 10. NATIONAL TECHNOLOGY MEDAL FOR ENVIRONMENTAL TECHNOLOGY.

In the administration of section 16 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C.
3711), Environmental Technology shall be established as a separate nomination category with appropriate unique
criteria for that category.

Sec. 11. INTERNATIONAL ARCTIC RESEARCH CENTER.

The Congress finds that the International Arctic Research Center is an internationally-supported effort to con-
duct important weather and climate studies, and other research projects of benefit to the United States. It is,
therefore, the sense of the Congress that, as with similar research conducted in the Antarctic, the United States
should provide similar support for this important effort.

Approved October 30, 1998.

seksi

June 8, 1999, 113 Stat. 118 (Public Law 106-34—106th Congress, Ist session) Fastener Quality Act Amendments
Act of 1999.

Public Law 106-34
AN ACT

To amend the Fastener Quality Act to strengthen the protection against the sale of
mismarked, misrepresented, and counterfeit fasteners and eliminate unnecessary
requirements, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assem-
bled,

Sec. 1. SHORT TITLE.
This Act may be cited as the “Fastener Quality Act Amendments Act of 1999”.

Sec. 2. FINDINGS AND PURPOSE.
Section 2 of the Fastener Quality Act (15 U.S.C. 5401) is amended to read as follows:

29


(4) Report.—Not later than 18 months after the date of the enactment of this Act, and every 2 years
thereafter, the Attorney General and the Secretary of State shall jointly, in consultation with the Secretary of
Treasury, report to Congress describing the development, implementation, efficacy, and privacy implications
of the technology standard and electronic database system described in this subsection.

(5) Funding —There is authorized to be appropriated to the Secretary of State, the Attorney General, and
the Director of the National Institute of Standards and Technology such sums as may be necessary to carry
out the provisions of this subsection.

seks

November 28, 2001, 115 Stat. 748 (Public Law 107-77—107th Congress, Ist session) Departments of Commerce,
Justice, and State, the Judiciary and Related Agencies Appropriations Act, 2002.

Public Law 107-77

AN ACT

Making appropriations for the Departments of Commerce, Justice, and State, the
Judiciary, and related agencies for the fiscal year ending September 30, 2002, and

for other purposes.

‘TITLE IIH—DEPARTMENTS OF COMMERCE AND RELATED AGENCIES.
National Institute of Standards and Technology. (115 Stat. 774)

For necessary expenses of the National Institute of Standards and Technology, $321,111,000, to remain avail-
able until expended, of which not to exceed $282,000 may be transferred to the “Working Capital Fund.” Indus-
trial Technology Services. For necessary expenses of the Manufacturing Extension Partnership of the
National Institute of Standards and Technology, $106,522,000, to remain available until expended: Provided,
‘That the Secretary of Commerce is authorized to enter into agreements with one or more nonprofit organizations
for the purpose of carrying out collective research and development initiatives pertaining to 15 U.S.C. 278k para-
graph (a), and is authorized to seek and accept contributions from public and private sources to support these
efforts as necessary. In addition, for necessary expenses of the Advanced Technology Program of the National
Institute of Standards and Technology, $184,500,000, to remain available until expended, of which not to exceed
$60,700,000 shall be available for the award of new grants.

For construction of new research facilities, including architectural and engineering design, and for renovation
of existing facilities, not otherwise provided for the National Institute of Standards and Technology, as authorized
by 15 U.S.C. 278c-278e, $62,393,000, to remain available until expended.

serie

Source: Diane Cunningham, Office of Information Services



|

(4) ensuring that the United States Government does not compete with United States commercial
providers in the provision of space hardware and services otherwise available from United States
commercial providers;

(5) promoting the export of space-related goods and services;

(6) representing the Department of Commerce in the development of United States policies and in
negotiations with foreign countries to ensure free and fair trade internationally in the area of space
commerce; and

(7) seeking the removal of legal, policy, and institutional impediments to space commerce.

Sec. 9. EXPERIMENTAL PROGRAM TO STIMULATE COMPETITIVE TECHNOLOGY.

Section 5 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3704) is amended by
adding at the end the following:

“(f) Experimental Program To Stimulate Competitive Tehnology.—

“(1) In general.—The Secretary, acting through the Under Secretary, shall establish for fiscal year 1999 a
program to be known as the Experimental Program to Stimulate Competitive Technology (referred to in this
subsection as the ‘program’). The purpose of the program shall be to strengthen the technological
competitiveness of those States that have historically received less Federal research and development funds
than those received by a majority of the States.”

“(2) Arrangements.—In carrying out the program, the Secretary, acting through the Under Secretary,
shall—

“(A) enter into such arrangements as may be necessary to provide for the coordination of the
program through the State committees established under the Experimental Program to Stimulate
Competitive Research of the National Science Foundation; and

“(B) cooperate with—

“(i) any State science and technology council established under the program under
subparagraph (A); and
“(ii) representatives of small business firms and other appropriate technology-based businesses.
“(3) Grants and cooperative agreements.—In carrying out the program, the Secretary, acting through the
Under Secretary, may make grants or enter into cooperative agreements to provide for—

“(A) technology research and development;

“(B) technology transfer from university research;

“(C) technology deployment and diffusion; and

“(D) the strengthening of technological capabilities through consortia comprised of —

“(i) technology-based small business firms;

“(i) industries and emerging companies;

“(iii) universities; and

“(iv) State and local development agencies and entities.

“(4) Requirements for making awards.—

“(A) In general—In making awards under this subsection, the Secretary, acting through the Under
Secretary, shall ensure that the awards are awarded on a competitive basis that includes a review of the
merits of the activities that are the subject of the award.

“(B) Matching requirement—The non-Federal share of the activities (other than planning activities)
carried out under an award under this subsection shall be not less than 25 percent of the cost of those
activities.

“(5) Criteria for States.—The Secretary, acting through the Under Secretary, shall establish criteria for
achievement by each State that participates in the program. Upon the achievement of all such criteria, a
State shall cease to be eligible to participate in the program.

“(6) Coordination.—To the extent practicable, in carrying out this subsection, the Secretary, acting

through the Under Secretary, shall coordinate the program with other programs of the Department of
Commerce,

28


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6661- F661 ‘SALVIDOSSV HOUVASAY TVAOLOOGLSOd LSIN

65


“Sec. 3505. (109 Stat. 170) Assignment of tasks and deadlines
“(a) In carrying out the functions under this chapter, the Director shall—
“(3) in consultation with the Administrator of General Services, the Director of the National Institute of
Standards and Technology, the Archivist of the United States, and the Director of the Office of Personnel
Management, develop ané maintain a Governmentwide strategic plan for Information resources management,

that shall include— .
“(A) a description of the objectives and the means by which the Federal Government shall apply

information resources to improve agency and program performance;

“(B) plans for—
“(i) reducing information burdens on the public, including reducting such burdens through the

elimination of duplication and meeting shard data needs with shared resources;
“i) enhancing public access to and dissemination of, information, using electronic and other

formats; and
“Gii) meeting the information technology needs of the Federal Government in accordance with

the purposes of this chapter; and
“(C) a description of progress in applying information resources management to improve agency

performance and the accomplishment of missions.
“Sec. 3513 (109 Stat. 181) Director review of agency activities; reporting; agency response
“(a) In consultation with the Administrator of General Services, the Archivist of the United States, the Director
of the National Institute of Standards and Technology, and the Director of the Office of Personnel Manage-
ment, the Director shall periodically review selected agency information resources management activities to
ascertain the efficiency and effectiveness of such activities to improve agency performance and the accom-

plishment of agency missions.
seo

July 27, 1995, 109 Stat. 194 (Public Law 104-19—104th Congress, Ist session) Emergency Supplemental
ppropriations for Additional Disaster Assistance, for Anti-Terrorism Initiatives, for Assistance in the Recovery
from the Tragedy that Occurred at Oklahoma City, and Rescissions Act, 1995.

Public Law 104-19
AN ACT

Making emergency supplemental appropriations for additional disaster assistance,
for anti-terrorism initiatives, for assistance in the recovery from the tragedy that
occurred at Oklahoma City, and making rescissions for the fiscal year ending
September 30, 1995, and for other purposes.

TITLE I—SUPPLEMENTALS AND RESCISSIONS
DEPARTMENT OF COMMERCE
National Institute of Standards and Technology (109 Stat. 199)

Scientific and Technical Research and Services
(Rescission) i

Of the funds made available under this heading in Public Law 103-317, $17,000,000 are rescinded. Industrial

Technology Services
(Rescission)

Of the funds made available under this heading in Public Law 103-317, $16,300,000 are rescinded.

Construction of Research Facilities
(Rescission)

Of the unobligated balances available under this heading, $30,000,000 are rescinded.

seeiee


October 1, 1997, 111 Stat. 1159 (Public Law 105-47—105th Congress, Ist session) Authorization of Appropria-
tions for Carrying Out the Earthquake Hazards Reduction Act of 1977.

Public Law 105-47
» AN ACT

To authorize appropriations for carrying out the Earthquake Hazards Reduction Act
of 1977 for fiscal years 1998 and 1999, and for other purposes.

Sec. 3. COMPREHENSIVE ENGINEERING RESEARCH PLAN. (111 Stat. 1162-63)

(a) National Science Foundation.—Section 5(b)(4) of the Earthquake Hazards Reduction Act of 1977 (42
US.C. 7704(b)(4)) is amended—

(1) by striking “and” at the end of subparagraph (D);

(2) by striking the period at the end of subparagraph (E) and inserting ; “and”; and

(3) by adding at the end the following:

“(F) develop, in conjunction with the Federal Emergency Managerfent Agency, the National Institute
of Standards and Technology, and the United States Geological Survey, a comprehensive plan for
earthquake engineering research to effectively use existing testing facilities and laboratories (in
existence at the time of the development of the plan), upgrade facilities and equipment as needed, and
integrate new, innovative testing approaches to the research infrastructure in a systematic manner.”

(b) Federal Emergency Management Agency.—Section 5(b)(1) of the Earthquake Hazards Reduction Act of
1977 (42 U.S.C. 7704(b)(1)) is amended—

(1) by striking “and” at the end of subparagraph (D);

(2) by striking the period at the end of subparagraph (E) and inserting ; “and”; and

(3) by adding at the end the following:

“(F) work with the National Science Foundation, the National Institute of Standards and Technology,
and the United States Geological Survey, to develop a comprehensive plan for earthquake engineering
research to effectively use existing testing facilities and laboratories (existing at the time of the
development of the plan), upgrade facilities and equipment as needed, and integrate new, innovative
testing approaches to the research infrastructure in a systematic manner.”

(c) United States Geological Survey.—Section 5(b)(3) of the Earthquake Hazards Reduction Act of 1977 (42
U.S.C. 7704(b)(3)) is amended—

(1) by striking “and” at the end of subparagraph (E);

(2) by striking the period at the end of subparagraph (G) and inserting ; “and”; and

(3) by adding at the end the following:

“(H) work with the National Science Foundation, the Federal Emergency Management Agency, and
the National Institute of Standards and Technology to develop a comprehensive plan for earthquake
engineering research to effectively use existing testing facilities and laboratories (in existence at the
time of the development of the plan), upgrade facilities and equipment as needed, and integrate new,
innovative testing approaches to the research infrastructure in a systematic manner.”

(d) National Institute of Standards and Technology.—Section 5(b)(5) of the Earthquake Hazards Reduction Act
of 1977 (42 U.S.C. 7704(b)(5)) is amended—
(1) by striking “and” at the end of subparagraph (B);
(2) by striking the period at the end of subparagraph (C) and inserting ; “and”; and
(3) by adding at the end the following:

“(D) work with the National Science Foundation, the Federal Emergency Management Agency, and
the United States Geological Survey to develop a comprehensive plan for earthquake engineering r
search to effectively use existing testing facilities and laboratories (in existence at the time of the
development of the plan), upgrade facilities and equipment as needed, and integrate new, innovative
testing approaches to the research infrastructure in a systematic manner.”

cored

19


Full time equivalent employees by location, FYs 1996-2001

Fiscal Year Gaithersburg Boulder Total
1996 2739 398 3137
1997 2720 405 3125
1998 2157 417 3174
1999 2165 416 3181
2000 2698 384 3082
2001 2606 365 2971

Postdoctoral Research Associates, FYs 1996-2001

Fiscal Year

1996
1997
1998
1999
2000
2001

83
87
76
31
B
83

NOTE: The numbers represent only National
Research Council Postdoctoral Research Associates

employed at the end of September of the specif

year.

ified

NIST Guest Researchers (estimates), FYs 1996-2001

Fiscal Year

1996
1997
1998
1999
2000
2001

1250
1260
1240
1500
1600
1600

NOTE: Beginning in FY 1999, all NIST Center for
Neutron Research users covered by a Facility User
Agreement are added to the statistics as Guest
Researchers. This table represents all guest researchers
during a given year regardless of length of stay.

Source: Thelma Allen, Information Specialist, NIST Program Office

56


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63


(c) Effective Date——The amendment made by subsection (a) shall take effect 270 days after the Secretary of
Commerce, the Secretary of the Treasury, and the Director of the National Institute of Standards and
Technology jointly provide a certification to the Committee on Foreign Relations of the Senate and the
Committee on International Relations of the House of Representatives that a secure Automated Export System.
available through the Internet that is capable of handling the expected volume of information required to be
filed under subsection (b), plus the anticipated volume from voluntary use of the Automated Export System,
has been successfully implemented and tested and is fully functional with respect to reporting all items on the
United States Munitions List, including their quantities and destinations.

sektoka

October 30, 2000, 114 Stat. 1654 (Public Law 106-398—104th Congress, 2nd session) Department of Defense
and Energy—Appropriations.

Public Law 106-398 AN ACT
To authorize appropriations for fiscal year 2001 for military activities of the Department
of Defense, for military construction, and for defense activities of the Department of
Energy, to prescribe personnel strengths for such fiscal year for the Armed Forces, and
for other purposes.

TITLE X—GENERAL PROVISIONS
Subtitle G—Government Information Security Reform.
Sec. 1061. Coordination of Federal Information Policy.
Chapter 35 of title 44, United States Code, is amended by inserting at the end the following new subchapter:
“SUBCHAPTER II—INFORMATION SECURITY
“Sec. 3533. Authority and functions of the Director.

“(4) oversee the development and implementation of standards and guidelines relating to security controls
for Federal computer systems by the Secretary of Commerce through the National Institute of Standards and
Technology under section 5131 of the Clinger-Cohen Act of 1996 (40 U.S.C. 1441) and section 20 of the
National Institute of Standards and Technology Act (15 U.S.C. 278g- 3); “(5) oversee and coordinate
compliance with this section in a manner consistent with— “(A) sections 552 and 552a of title 5; “(B)
sections 20 and 21 of the National Institute of Standards and Technology Act (15 U.S.C. 278g-3
and 2782-4);

Sec. 1062. RESPONSIBILITIES OF CERTAIN AGENCIES.

(a) Department of Commerce.— Notwithstanding section 20 of the National Institute of Standards and
Technology Act (15 U.S.C. 278g-3) and except as provided under subsection (b), the Secretary of Commerce,
through the National Institute of Standards and Technology and with technical assistance from the National
Security Agency, as required or when requested, shall—
(1) develop, issue, review, and update standards and guidance for the security of Federal information
systems, including development of methods and techniques for security systems and validation programs;
(2) develop, issue, review, and update guidelines for training in computer security awareness and accepted
computer security practices, with assistance from the Office of Personnel Management;
(3) provide agencies with guidance for security planning to assist in the development of applications and
system security plans for such agencies;
i (4) provide guidance and assistance to agencies concerning cost-effective controls when interconnecting
with other systems; and
(5) evaluate information technologies to assess security vulnerabilities and alert Federal agencies of such
vulnerabilities as soon as those vulnerabilities are known.

| EEK

36



November 1, 2000, 114 Stat. 1742 (Public Law 106-404—104th Congress, 2nd session) Technology Transfer
Commercialization Act of 2000.

Public Law 106-404
’ AN ACT

To improve the ability of Federal agencies to licénse federally owned inventions.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assem-
bled,

Sec. 1, SHORT TITLE.
This Act may be cited as the “Technology Transfer Commercialization Act of 2000.”
Sec. 2. FINDINGS.

The Congress finds that— “

(1) the importance of linking our unparalleled network of over 700 Federal laboratories and our Nation’s
universities with United States industry continues to hold great promise for our future economic prosperity;

(2) the enactment of the Bayh-Dole Act in 1980 was a landmark change in United States technology
policy, and its success provides a framework for removing bureaucratic barriers and for simplifying the
granting of licenses for inventions that are now in the Federal Government's patent portfolio;

(3) Congress has demonstrated a commitment over the past 2 decades to fostering technology transfer
from and to promoting public/private sector partnerships to enhance our international competitiveness;

(4) Federal technology transfer activities have strengthened the ability of United States industry to
compete in the global marketplace; developed a new paradigm for greater collaboration among the scientific
enterprises that conduct our Nation’s research and development—government, industry, and universities; and
improved the quality of life for the American people, from medicine to materials;

(5) the technology transfer process must be made “industry friendly” for companies to be willing to invest
the significant time and resources needed to develop new products, processes, and jobs using federally
funded inventions; and

(6) Federal technology licensing procedures should balance the public policy needs of adequately
protecting the rights of the public, encouraging companies to develop existing government inventions, and
making the entire system of licensing government technologies more consistent and simple.

Sec. 3. COOPERATIVE RESEARCH AND DEVELOPMENT AGREEMENTS.

Section 12(b)(1) of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a(b)(1)) is
amended by inserting “or, subject to section 209 of title 35, United States Code, may grant a license to an
invention which is federally owned, for which a patent application was filed before the signing of the agreement,
and directly within the scope of the work under the agreement,” after “under the agreement,”,

Sec. 4. LICENSING FEDERALLY OWNED INVENTIONS.
(a) Amendment.—Section 209 of title 35, United States Code, is amended to read as follows:

“SEC. 209. Licensing federally owned inventions
“(a) Authority.—A Federal agency may grant an exclusive or partially exclusive license on a federally owned
invention under section 207(a)(2) only if—
“(1) granting the license is a reasonable and necessary incentive to—
“(A) call forth the investment capital and expenditures needed to bring the invention to practical
application; or
“(B) otherwise promote the invention’s utilization by the public;

37


CONSTRUCTION SCHEDULE FOR ADVANCED MEASUREMENT LABORATORY (AML)

Activit Start Date
Bldg 215 (Clean Room)

Excavate Bldg 215 and Tunnel Dec 26, 2000
Utility Tunnel Construction Jan 22, 2001
Install Tower Crane 1 Jan 8, 2001
Bldg 215 Remaining Work Feb 12, 2001
Bldg 216 (Instrument East)

Excavate Bldg 216 Jan 10, 2001
Install Tower Crane 2 Feb 7, 2001
Bldg 216 Remaining Work March 1, 2001
Bldg 217 (Instrument West) Feb 25, 2002
Bldg 219 (Metrology West) Dec 18, 2000

Relocation Completion
AML WING COMPLETION SCHEDULE

Wing Date

Instrument East (216) Nov 25, 2002
Cleanroom (215) . April 3, 2003
Metrology East (218) April 14, 2003
Instrument West (217) August 29, 2003
Metrology West (219) October 2, 2003

Cost: $235.2 million
Occupancy expected in FY 2004

SUPPLEMENTAL CONSTRUCTION INFORMATION FOR AML
Project Size:
Building Area:
47,480 gross square meters (511,070 gross square feet)
19,537 net assignable square meters (210,295 net square feet)
Net to Gross Ratio:
41.6%
Gross Building Area Breakdown:
8,520 m? — Cleanroom Wing
9,529 mm? — Instrument Lab (East)
11,858 m? — Instrument Lab (West)
8,470 m2 — Dynamic Metrology Lab (East)
9,103 m2 — Quiet Metrology Lab (West)

Net Building Area Breakdown: i
2,407 m2 - Offices

9,808 m? — Laboratories

4,086 m? — Laboratory Support

3,236 m? — Building Support

Lab Types:

187 Instrument Lab Modules

151 Metrology Lab Modules

Specialty Areas:

48 Precision Temperature Control Laboratories (+0.01 °C or +0.1 °C)
27 Low Vibration Laboratories (active and passive isolation systems)
8,520 gsm Cleanroom Facility (Class 100 upgradable to Class 10)

52

End Date

Jan. 23, 2001
‘April 5, 2001
Jan 19, 2001
April 3, 2003

Feb 6, 2001
Feb 22, 2001
Nov 25, 2002

Aug 29, 2003
Oct 2, 2003
June 15, 2004


“(1) assess the extent to which the Next Generation Internet program
“A) carries out the purposes of this Act; and
“B) addresses concerns relating to, among other matters—
“i) geographic penalties (as defined in section 7(1) of the Next Generation Internet Research Act
of 1998);
“ii) the adequacy of access to the Internet by Historically Black Colleges and Universities,
Hispanic Serving Institutions, and small colleges and universities (whose enrollment is less than
5,000) and the degree of participation of those institutions in activities described in subsection (a);
and
“iii) technology transfer to and from the private sector;

“(2) review the extent to which the role of each Federal agency and department involved in implementing
the Next Generation Internet program is clear and complementary to, and non-duplicative of, the roles of
other participating agencies and departments;

“(3) assess the extent to which Federal support of fundamental research in computing is sufficient to
maintain the Nation’s critical leadership in this field; and

“(4) make recommendations relating to its findings under paragraphs (1), (2), and (3).

“(c) Reports.—The Advisory Committee shall review implementation of the Next Generation Internet program
and shall report, not less frequently than annually, to the President, the Committee on Commerce, Science, and
Transportation, the Committee on Appropriations, and the Committee on Armed Services of the Senate, and
the Committee on Science, the Committee on Appropriations, and the Committee on National Security of the
House of Representatives on its findings and recommendations for the preceding fiscal year. The first such
report shall be submitted 6 months after the date of the enactment of the Next Generation Internet Research
Act of 1998 and the last report shall be submitted by September 30, 2000.

“(d) Authorization of Appropriations.—There are authorized to be appropriated for the purposes of this
section—

“(1) for the Department of Energy, $22,000,000 for fiscal year 1999 and $25,000,000 for fiscal year 2000;

“(2) for the National Science Foundation, $25,000,000 for fiscal year 1999 and $25,000,000 for fiscal
year 2000, as authorized in the National Science Foundation Authorization Act of 1998;

“(3) for the National Institutes of Health, $5,000,000 for fiscal year 1999 and $7,500,000 for fiscal
year 2000;

“(4) for the National Aeronautics and Space Administration, $10,000,000 for fiscal year 1999 and
$10,000,000 for fiscal year 2000; and

“(5) for the National Institute of Standards and Technology, $5,000,000 for fiscal year 1999 and
$7,500,000 for fiscal year 2000. Such funds may not be used for routine upgrades to existing federally
funded communication networks.

aoe

October 30, 1998, 112 Stat. 2935 (Public Law 105-309—105th Congress, 2nd session) Technology Administra-
tion Act of 1998.

Public Law 105-309
AN ACT

To authorize appropriations for the National Institute of Standards and Technology for
fiscal years 1998 and 1999, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assem-
bled,

Sec. 1. SHORT TITLE.
This Act may be cited as the “Technology Administration Act of 1998”.

25


APPENDIX E

NIST STAFF, 1996-2001

¥
The data in the tables below show NIST staff, grouped by majot categories, for fiscal years (FYs) 1996-2001.

Full time permanent employees by career path, F¥s 1996-2001 (end-of-year onboard)

Fiscal Year Professional Technical/Wage Grade Admin/Clerical Total
(ZP) (ZT/WG) (ZA/ZS)
1996 1510 695 598 2803
1997 1529 727 589 2845
1998 1545 732 584 | 2861
1999 1520 12 ou” 2843
2000 1465 687 588 2740
2001 1456 653 577 2686

Full time permanent professional employees (ZP career path) by job classification, F¥s 1996-2001 (end-of-year onboard)

Fiscal Year Physicists ‘Chemists Engineers ‘Comp Sci/ Mathematicians/ Other Total
Specialists Statisticians
1996 329 180 408 274 62 257 1510
1997 333 176 411 292 67 250 1529
1998 336 179 409 310 68 243, 1545
1999 329 175 398 315 62 241 1520
2000 321 169 377 307 56 235 1465
2001 310 173 372 309 56 236 1456

Full time permanent professional employees (ZP career path) by degree, FYs 1996-2001

(end-of-year onboard)

Fiscal Year PhD Masters Bachelors No Degree Total
1996 142 316 386 66 1510
1997 165 326 366 nR 1529
1998 TR 343 354 70 1545
1999 761 353 336 10 1520
2000 745 336 318 66 1465
2001 740 327 314 5 1456

Full time permanent employees by location, FYs 1996-2001
(end-of-year onboard)

Fiscal Year Gaithersburg Boulder Total
1996 2438 365 2803
1997 2468 377 2845
1998 2475 386 2861
1999 2477 366 2843
2000 2403 337 2740
2001 2350 336 2686

55


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64



_—

APPENDIX A

LEGISLATION RELATING TO THE ORGANIZATION, FUNCTIONS, AND
ACTIVITIES OF THE NATIONAL INSTITUTE OF STANDARDS AND
TECHNOLOGY 1993-2001

Those portions of Public Laws applicable to NIST are reproduced in this appendix.

October 27, 1993, 107 Stat. 1153 (Public Law 103-121—103rd Congress, 1st session) Departments of
Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1994.
Public Law 103-121

AN ACT

Making appropriations for the Department of Commerce, Justice, and State, the
Judiciary, and related agencies for the fiscal year ending September 30,
1994, and for other purposes.

TITLE II—DEPARTMENT OF COMMERCE
National Institute of Standards and Technology (107 Stat. 1169-70)
Scientific and Technical Research and Services

For necessary expenses of the National Institute of Standards and Technology, $226,000,000, to remain avail-
able until expended, of which not to exceed $5,880,000 may be transferred to the “Working Capital Fund” and
$1,500,000 may be transferred to the Department of Commerce “Working Capital Fund.”

Industrial Technology Services

For necessary expenses of the Manufacturing Extension Partnership, the Advanced Technology Program and
the Quality Outreach Program of the National Institute of Standards and Technology, $232,524,000, to remain
available until expended, of which not to exceed $1,290,000 may be transferred to the “Working Capital Fund.”

Construction of Research Facilities

For construction of new research facilities, including architectural and engineering design, not otherwise pro-
vided for the National Institute of Standards and Technology, as authorized by 15 U.S.C. 278c-278e,
$61,686,000, to remain available until expended.

see


December 21, 2000, 114 Stat. 2763 (Public Law 106-554—104th Congress, 2nd session) Consolidated Appropri-
ations—FY2001.

Public Law 106-554
AN ACT

Making consolidated appropriations for the fiscal year ending September 30, 2001, and
for other purposes.

Appendix D-H.R. 5666
Division A
Chapter 9
LIBRARY OF CONGRESS. (114 Stat. 2763A-195)
Salaries and Expenses.

For the Library of Congress, $25,000,000, to remain available until expended, for necessary salaries and ex-
penses of the National Digital Information Infrastructure and Preservation Program; and an additional
$75,000,000, to remain available until expended, for such purposes: Provided, That the portion of such additional
$75,000,000, which may be expended shall not exceed an amount equal to the matching contributions (including
contributions other than money) for such purposes that: (1) are received by the Librarian of Congress for the
program from non-Federal sources; and (2) are received before March 31, 2003: Provided further, That such
program shall be carried out in accordance with a plan or plans approved by the Committee on House Adminis-
tration of the House of Representatives, the Committee on Rules and Administration of the Senate, the Commit-
tee on Appropriations of the House of Representatives, and the Committee on Appropriations of the Sen-
ate: Provided further, That of the total amount appropriated, $5,000,000 may be expended before the approval of
a plan to develop such a plan, and to collect or preserve essential digital information which otherwise would be
uncollectible: Provided further, That the balance in excess of such $5,000,000 shall not be expended without
approval in advance by the Committee on Appropriations of the House of Representatives and the Committee on
Appropriations of the Senate: Provided further, That the plan under this heading shall be developed by the Li-
brarian of Congress jointly with entities of the Federal Government with expertise in telecommunications tech-
nology and electronic commerce policy (including the Secretary of Commerce and the Director of the White
House Office of Science and Technology Policy) and the National Archives and Records Administration, and
with the participation of representatives of other Federal, research, and private libraries and institutions with ex-
pertise in the collection and maintenance of archives of digital materials (including the National Library of
Medicine, the National Agricultural Library, the National Institute of Standards and Technology, the Research
Libraries Group, the Online Computer Library Center, and the Council on Library and Information Resources)
and representatives of private business organizations which are involved in efforts to preserve, collect, and dis-
seminate information in digital formats (including the Open e-Book Forum): Provided further, That notwithstand-
ing any other provision of law, effective with the One Hundred Seventh Congress and each succeeding Congress
the chair of the Subcommittee on the Legislative Branch of the Committee on Appropriations of the House of
Representatives shall serve as a member of the Joint Committee on the Library with respect to the Library’s
financial management, organization, budget development and implementation, and program development and ad-
ministration, as well as any other element of the mission of the Library of Congress which is subject to the
requirements of Federal law. '

stoi


“(2) are to be implemented in coordination with the implementation of that Act; and
“(3) are satisfied if an agency provided the information concerning technology transfer activities described
in this section in its annual submission under the Government Performance and Results Act of 1993 (31
U.S.C. 1101 note).”
(b) Royalties —Section 14(c) of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C.
3710c(c)) is amended to read as follows:
“(c) Reports ——The Comptroller General shall transmit a report to the appropriate committees of the Senate and
House of Representatives on the effectiveness of Federal technology transfer programs, including findings,
conclusions, and recommendations for improvements in such programs. The report shall be integrated with,
and submitted at the same time as, the report required by section 202(b)(3) of title 35, United States Code.”

Sec. 11. TECHNOLOGY PARTNERSHIPS OMBUDSMAN.

(a) Appointment of Ombudsman.—The Secretary of Energy shall direct the director of each national laboratory
of the Department of Energy, and may direct the director of each facility under the jurisdiction of the
Department of Energy, to appoint a technology partnership ombudsman to hear and help resolve complaints
from outside organizations regarding the policies and actions of each such laboratory or facility with respect to
technology partnerships (including cooperative research and development agreements), patents, and technology
licensing.
(b) Qualifications—An ombudsman appointed under subsection (a) shall be a senior official of the national
laboratory or facility who is not involved in day-to-day technology partnerships, patents, or technology
licensing, or, if appointed from outside the laboratory or facility, function as such a senior official.
(c) Duties—Each ombudsman appointed under subsection (a) shall—
(1) serve as the focal point for assisting the public and industry in resolving complaints and disputes with
the national laboratory or facility regarding technology partnerships, patents, and technology licensing;
(2) promote the use of collaborative alternative dispute resolution techniques such as mediation to
facilitate the speedy and low-cost resolution of complaints and disputes, when appropriate; and
(3) report quarterly on the number and nature of complaints and disputes raised, along with the
ombudsman’s assessment of their resolution, consistent with the protection of confidential and sensitive
information, to—
(A) the Secretary;
@) the Administrator for Nuclear Security;
(C) the Director of the Office of Dispute Resolution of the Department of Energy; and
(D) the employees of the Department responsible for the administration of the contract for the
operation of each national laboratory or facility that is a subject of the report, for consideration in the
administration and review of that contract.

Approved November 1, 2000.
se

November 13, 2000, 114 Stat. 2298 (Public Law 106-503—106th Congress, 2nd session) Fire Administration
Authorization Act of 2000.

Public Law 106-503 AN ACT '

To authorize appropriations for the U.S. Fire Administration, and for carrying out the
Earthquake Reduction Act of 1977, for fiscal years 2001, 2002, and 2003, and for other
purposes.
Sec. 103. STRATEGIC PLAN. (114 Stat. 2299)
(b) Contents of Plan—The plan required by subsection (a) shall include—

(5) an identification of the fire-related activities of the National Institute of Standards and Technology, the
Department of Defense, and other Federal agencies, and a discussion of how those activities can be
coordinated with and contribute to the achievement of the goals and objectives identified under
paragraph (2);

42


1995

Gold Medal Awards—

Donald L. Hunston

Michael R. Rubin

Hratch G. Semerjian

Donald B. Sullivan

Charles R, Tilford

Group: Jau Shi Jun, John A. Kramer, William B. Penzes, Fredric E. Scire, E. Clayton Teague, John S. Villarrubia
Stratton Award—

Eric A. Cornell

Condon Award—

David J. Nesbitt .
Rosa Award—

Group: William D. Dorko, Franklin R. Guenther

Applied Research Award—

Stephen E. Stein

Astin Award—

E. Clayton Teague

Slichter Award—

Group: David A. Didion, Piotr A. Domanski, Mark A. Kedzierski

1996

Gold Medal Awards—

Eric A. Cornell

Allen C. Newell

Lyle H. Schwartz

Group: Technology Services, Chief Counsel Office for Technology Administration, Office of the Assistant Secretary
for Export Enforcement, Office of the Assistant Commissioner for Trademarks

Stratton Award—

John M. Martinis

Condon Award—

None

Rosa Award—

Group: Walter S. Liggett, Jr., Samuel R. Row III, David J. Pitchure, Jun Feng Song, Theodore V. Vorburger
Applied Research Award—

Allen R. Hefner, Jr.

Astin Award—

Group: Eric B. Steel, Shirley Turner, Jennifer R. Verkouteren, Eric $. Windsor

Slichter Award—

Steven T. Bushby

1997

Gold Medal Awards—

Kevin M. Carr

Robert E. Hebner

Emest G. Kessler

Rance A. Velapoldi

Group: Reactor Operations and Engineering Group

68


“(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.”

(€) 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) 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. Any
container which contains fasteners from two lots shall be conspicuously marked with the lot identification
numbers of both lots.

“(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:

“() 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”
() Section 14 Repeal.— Section 14 of the Fastener Quality Act (15 U.S.C. 5413) is repealed.


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60



April 26, 1996, 110 Stat. 1321 (Public Law 104-134—104th Congress, 2nd session) Omnibus Consolidated
Rescissions and Appropriations Act of 1996.

Public Law 104-134
AN ACT

Making appropriations for fiscal year 1996 to make a further downpayment toward a
balanced budget, and for other purposes.

TITLE II—DEPARTMENT OF COMMERCE AND RELATED AGENCIES.

Science and Technology.
National Institute of Standards and Technology. (101 Stat. 1321-27)

Scientific and Technical Research and Services. For necessary expenses of the National Institute of Standards

and Technology, $259,000,000, to remain available until expended, of which not to exceed $8,500,000 may be
transferred to the “Working Capital Fund.”
Industrial Technology Services.

For necessary expenses of the Manufacturing Extension Partnership and the Advanced Technology Program of
the National Institute of Standards and Technology, $301,000,000, to remain available until expended, of which
$80,000,000 shall be for the Manufacturing Extension Partnership, and of which $221,000,000 shall be for the
Advanced Technology Program: Provided, That not to exceed $500,000 may be transferred to the “Working
Capital Fund.”

Construction of Research Facilities.

For construction of new research facilities, including architectural and engineering design, and for renovation
of existing facilities, not otherwise provided for the National Institute of Standards and Technology, as authorized
by 15 U.S.C. 278c-278e, $60,000,000, to remain available until expended.

National Institute of Standards and Technology. (101 Stat. 1321-29)

Construction of Research Facilities.
(Rescission)

Of the unobligated balances available under this heading, $75,000,000 are rescinded.

sock

September 30, 1996, 110 Stat. 3009 (Public Law 104-208—104th Congress, 2nd session) Omnibus Consolidated
Appropriations Act, 1997.

Public Law 104-208
AN ACT

Making omnibus consolidated appropriations for the fiscal year ending September
30, 1997, and for other purposes.

Title 1-Department of Commerce and Related Agencies.

Science and Technology.

National Institute of Standards and Technology. (110 Stat. 3009-36-37)
Scientific and Technical Research and Services.

For necessary expenses of the National Institute of Standards and Technology, $268,000,000, to remain avail-
able until expended, of which not to exceed $1,625,000 may be transferred to the “Working Capital Fund.”


CONTENTS

¥
* Page
FOREWORD.. iii
APPENDICES
A. Legislation Relating to the Organization, Functions, and Activities of the
National Institute of Standards and Technology 1993-2001 ............0eeeeeeeeeeeeee 1
B. Histories of the National Institute of Standards and Technology ............+eeeeeee005 47
C. NIST in the Federal Administration ..............0.seeneeeee Dec cetene eee e teen eens 49
D. Site Information and Maps: Gaithersburg and Boulder................2ceceeceeeeeeee 51
E. NIST Staff, 1996-2001 ........ 00. e cece sce cece cece eee e eee eeeeaseeeeeneee 55
F. NIST Postdoctoral Research Associates, 1994-1999 0.0.0.2... ccceeeeceeee sees eeeeeees 57
G. Scientific Awards Given by the Department of Commerce and NIST
to Staff Members, 1994~-2001....... 6... cece eee e cece cece eee ee teen eee eeeene oe 67
H. Members of the Visiting Committee on Advanced Technology for NIST wal
I. NIST Actual Obligations ($M), 2000-2001 .......... sc cc eeeeeeeeee tee eeteeeeeeeeee 73
J. NIST Publications 2001 .............0 0. e cece cece cece cece eee eeeeeeeeeneeeeeae 15
K. Structure and Leadership of NIST.........0 0.0... cc ceeeceeeeeeeeseseceeneeeceunes 77



November 29, 1999, 113 Stat. 1501 (Public Law 106-113—106th Congress, Ist session) Consolidated Appropria-
tions Act, 2000.

Public Law 106-113
AN ACT

Making consolidiited appropriations for the fiscal year ending September 30, 2000, and
for other purposes.

TITLE II—DEPARTMENT OF COMMERCE AND RELATED AGENCIES
National Institute of Standards and Technology. (113 Stat. 1501A-28-29)
Scientific and Technical Research and Services.

For necessary expenses of the National Institute of Standards and Technology, $283,132,000, to remain avail-
able until expended, of which not to exceed $282,000 may be transferred to the “Working Capital Fund.”

Industrial Technology Services.

For necessary expenses of the Manufacturing Extension Partnership of the-National Institute of Standards and
Technology, $104,836,000, to remain available until expended. In addition, for necessary expenses of the
Advanced Technology Program of the National Institute of Standards and Technology, $142,600,000, to remain
available until expended, of which not to exceed $50,700,000 shall be available for the award of new grants, and
of which not to exceed $500,000 may be transferred to the “Working Capital Fund.”

Construction of Research Facilities.

For construction of new research facilities, including architectural and engineering design, and for renovation
of existing facilities, not otherwise provided for the National Institute of Standards and Technology, as authorized
by 15 U.S.C. 278c-278e, $108,414,000, to remain available until expended: Provided, That of the amounts pro-
vided under this heading, $84,916,000 shall be available for obligation and expenditure only after submission of
a plan for the expenditure of these funds, in accordance with section 605 of this Act.

Sec. 1252. (113 Stat. 1501A-506) MANDATORY USE OF THE AUTOMATED EXPORT SYSTEM FOR
FILING CERTAIN SHIPPERS’ EXPORT DECLARATIONS.

(a) Authority.— Section 301 of title 13, United States Code, is amended by adding at the end the following
new subsection:

“(h) The Secretary is authorized to require by regulation the filing of Shippers’ Export Declarations under this
chapter through an automated and electronic system for the filing of export information established by the
Department of the Treasury.”

(b) Implementing Regulations —

(1) In general.—The Secretary of Commerce, with the concurrence of the Secretary of State, shall publish
regulations in the Federal Register to require that, upon the effective date of those regulations, exporters (or
their agents) who are required to file Shippers’ Export Declarations under chapter 9 of title 13, United States
Code, file such Declarations through the Automated Export System with respect to exports of items on the
United States Munitions List or the Commerce Control List.

(2) Elements of the regulations —The regulations referred to in paragraph (1) shall include at a
minimum—

(A) provision by the Department of Commerce for the establishment of on-line assistance services to
be available for those individuals who must use the Automated Export System;

(B) provision by the Department of Commerce for ensuring that an individual who is required to use
the Automated Export System is able to print out from the System a validated record of the individual’s
submission, including the date of the submission and a serial number or other unique identifier, where
appropriate, for the export transaction; and

(C) a requirement that the Department of Commerce print out and maintain on file a paper copy or
other acceptable back-up record of the individual’s submission at a location selected by the Secretary of
Commerce.

35


‘

October 19, 1998, 112 Stat. 2386 (Public Law 105-271—105th Congress, 2nd session) Year 2000 Information
and Readiness Disclosure Act.

Public Law 105-271
» AN ACT

To encourage the disclosure and exchange of information about computer processing
problems, solutions, test practices and test results, and related matters in connection
with the transition to the year 2000.

Sec. 9. (112 Stat: 2394) NATIONAL INFORMATION CLEARINGHOUSE AND WEBSITE.

(a) National Website —

(1) In general—The Administrator of General Services shall create and maintain until July 14, 2002, a
national year 2000 website, and promote its availability, designed to assist consumers, small business, and
local governments in obtaining information from other governmental websites, hotlines, or information
clearinghouses about year 2000 processing of computers, systems, products, and services, including we
sites maintained by independent agencies and other departments.

(2) Consultation.—In creating the national year 2000 website, the Administrator of General Services shall
consult with— .

” (A) the Director of the Office of Management and Budget;
(B) the Administrator of the Small Business Administration;
(C) the Consumer Product Safety Commission;
(D) officials of State and local governments;
©) the Director of the National Institute of Standards and Technology;
(F) representatives of consumer and industry groups; and
(G) representatives of other entities, as determined appropriate.

see

October 21, 1998, 112 Stat. 2681 (Public Law 105-277—105th Congress, 2nd session) Omnibus Consolidated
and Emergency Supplemental Appropriations Act, 1999.

Public Law 105-277
AN ACT

Making omnibus consolidated and emergency appropriations for fiscal year ending
September 30, 1999, and for other purposes.

TITLE II—DEPARTMENT OF COMMERCE AND RELATED AGENCIES.
National Institute of Standards and Technology. (112 Stat. 2681-82-83)
Scientific and Technical Research and Services.

For necessary expenses of the National Institute of Standards and Technology, $280,136,000, to remain avail-
able until expended, of which not to exceed $1,625,000 may be transferred to the “Working Capital Fund.”
Industrial Technology Services. For necessary expenses of the Manufacturing Extension Partnership of the Na-
tional Institute of Standards and Technology, $106,800,000, to remain available until expended: Provided, That
notwithstanding the time limitations imposed by 15 U.S.C. 278k(c) (1) and (5) on the duration of Federal finan-
cial assistance that may be awarded by the Secretary of Commerce to Regional Centers for the transfer of Manu-
facturing Technology (“Centers”), such Federal financial assistance for a Center may continue beyond six years
and may be renewed for additional periods, not to exceed one year, at a rate not to exceed one-third of the
Center’s total annual costs or the level of funding in the sixth year, whichever is less, subject before any such
renewal to a positive evaluation of the Center and to a finding by the Secretary of Commerce that continuation of
Federal funding to the Center is in the best interest of the Regional Centers for the transfer of Manufacturing
Technology Program: Provided further, That the Center’s most recent performance evaluation is positive, and the
Center has submitted a reapplication which has successfully passed merit review.

23


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:
I

FOREWORD

This Supplement to Appendices is a continuation of the data collected in the appendices of NIST Special
Publication 955, Responding to*National Needs: The National Bureau of Standards Becomes the National
Institute of Standards and Technology 1969-1993, by James F. Sthooley, November 2000. The present data will
be used to support the research and compilation of the fourth volume of the NBS/NIST history series. For
complementary information on this topic, please visit the newly-featured exhibit on the NIST Virtual

Museum — NIST Timeline 1994-2001 at http://museum.nist.gov/exhibits/ex1/index.html.

iii


APPENDIX B

HISTORIES OF THE NATIONAL INSTITUTE OF STANDARDS AND
TECHNOLOGY AND NATIONAL BUREAU OF STANDARDS

The most recently published history of NBS/NIST, along with detailed bibliographic data is listed below.
Following this the titles of previous histories of NBS are listed.

Responding to National Needs 1969-1993: The National Bureau of Standards
Becomes the National Institute of Standards and Technology

James F. Schooley
Chief, Temperature and Pressure Measurements and Standards Division
NBS 1978-1982

NIST Special Publication 955. U.S. Government Printing Office, 2000
1006 pp.

Table of Contents

Unique Institution (150 pp.)

Bright Prospects for NBS (171 pp.)

Nation in Trouble; An Agency in Change (117 pp.)

A Durable Direction (171 pp.)

The National Bureau of Standards Becomes the National Institute of Standards and
Technology: Public Law 100-418, August 23, 1988 (27 pp.)

Metrology Makes Room for Industrial Productivity (147 pp.)

YRS

a

Appendices

Pp

Legislation Relating to the Organization, Functions, and Activities of the National
Bureau of Standards/National Institute of Standards and Technology (78 pp.)
Histories of the National Bureau of Standards (4 Ppp.)

NBS/NIST in the Federal Administration (4 pp.)

Site Information and Maps: Gaithersburg and Boulder (6 pp.)

NBS/NIST Staff, 1901-1999 (2 pp.)

NBS/NIST Postdoctoral Research Associates, 1968-1993 (12 pp.)

Scientific Awards Given by the Department of Commerce and NBS/NIST to Staff
Members, 1968-1993 (14 pp.)

Members of the Visiting Committee for NBS and the Visiting Committee on
Advanced Technology for NIST (6 pp.)

I NBS/NIST Actual Obligations, 1967-1999 (2 pp.)

J. NBS/NIST Publications (18 pp.)

K. Structure and Leadership of NBS/NIST (52 pp.)

m ammooW

Index (17 pp.)

47


“(C) produced and marked as ASTM A 307 Grade A, or a successor standard thereto;
“(D) produced in accordance with ASTM F 432, or a successor standard thereto;
“(E) specifically manufactured for use on an aircraft if the quality and suitability of those fasteners
for that use has been approved—
“(@ by the Fedgral Aviation Administration; or
“(ii) by a foreign airworthiness authority as described in part 21.29, 21.500, 21.502, or 21.617
of title 14 of the Code of Federal Regulations;
“(F) manufactured in accordance with a fastener quality assurance system; or
“(G) manufactured to a proprietary standard, whether or not such proprietary standard directly or
indirectly references a consensus standard or any portion thereof,
“(7) ‘fastener quality assurance system’ means—
“(A) a system that meets the requirements, including revisions from time-to-time, of—
“(i) International Organization for Standardization (ISO) Standard 9000, 9001, 9002,
or TS16949;
“(ii) Quality System (QS) 9000 Standard;
“(ii) Verband der Automobilindustrie e.V. (VDA) 6.1 Standard; or
“(iv) Aerospace Basic Quality System Standard AS9000; or
“(B) any fastener manufacturing system—
“(i) that has as a stated goal the prevention of defects through continuous improvement;
“(ii) that seeks to attain the goal stated in clause (i) by incorporating—

“() advanced quality planning;

“(ID monitoring and control of the manufacturing process;

“(II1) product verification embodied in a comprehensive written control plan for product
and process characteristics, and process controls (including process influence factors and
statistical process control), tests, and measurement systems to be used in production; and

“(IV) the creation, maintenance, and retention of electronic, photographic, or paper records
required by the control plan regarding the inspections, tests, and measurements performed
pursuant to the control plan; and

“(iii) that—

“(1) is subject to certification in accordance with the requirements of ISO/IEC Guide 62 (or
another document approved by the Director under section 10(a)), including revisions from
time-to-time, by a third party who is accredited by an accreditation body in accordance with
the requirements of ISO/IEC Guide 61 (or another document approved by the Director under
section 10(b)), including revisions from time-to-time; or

“(ID undergoes regular or random evaluation and assessment by the end user or end users
of the screws, nuts, bolts, studs, or load-indicating washers produced under such fastener
manufacturing system to ensure that such system meets the requirements of clauses
( and (ii);

“(8) ‘grade identification marking’ means any grade-mark or property class symbol appearing on a
fastener purporting to indicate that the lot of fasteners conforms to a specific consensus standard, but such
term does not include a manufacturer’s insignia or part number;

“(9) ‘importer’ means a distributor located within the United States who contracts for the initial purchase
of fasteners manufactured outside the United States;

“(10) ‘lot’ means a quantity of fasteners of one part number fabricated by the same production process
from the same coil or heat number of metal as provided by the metal manufacturer;

“(11) ‘manufacturer’ means a person who fabricates fasteners for sale in commerce;

“(12) ‘proprietary standard’ means the provisions of a document that describes characteristics of a screw,
nut, bolt, stud, or load-indicating washer and is issued by a person who—

“(A) uses screws, nuts, bolts, studs, or load-indicating washers in the manufacture, assembly, or
servicing of its products; and

“(B) with respect to such screws, nuts, bolts, studs, or washers, is a developer and issuer of
descriptions that have characteristics similar to consensus standards and that bear such user’s
identification;

31


Sc. 8. REVIEW OF COOPERATIVE RESEARCH AND DEVELOPMENT AGREEMENT PROCEDURES.
(a) Review.—Within 90 days after the date of the enactment of this Act, each Federal agency with a federally
funded laboratory that has in effect on that date of the enactment one or more cooperative research and
development agreements under section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 (15
U.S.C. 3710a) shall report to the Committee on National Security of the National Science and Technology
Council and the Congress on the general policies and procedures used by that agency to gather and consider
the views of other agencies on—
(1) joint work statements under section 12(c)(5)(C) or (D) of the Stevenson-Wydler Technology
Innovation Act of 1980 (15 U.S.C. 3710a(c)(5)(C) or (D)); or
(2) in the case of laboratories described in section 12(d)(2)(A) of the Stevenson-Wydler Technology
Innovation Act of 1980 (15 U.S.C. 3710a(d)(2)(A)), cooperative research and development agreements under
such section 12, with respect to major proposed cooperative research and development agreements that
involve critical national security technology or may have a significant.impact on domestic or international
competitiveness.
(b) Procedures.—Within 1 year after the date of the enactment of this Act, the Committee on National Security
of the National Science and Technology Council, in conjunction with relevant Federal agencies and national
laboratories, shall—
(1) determine the adequacy of existing procedures and methods for interagency coordination and
awareness with respect to cooperative research and development agreements described in subsection (a); and
(2) establish and distribute to appropriate Federal agencies—
(A) specific criteria to indicate the necessity for gathering and considering the views of other
agencies on joint work statements or cooperative research and development agreements as described
in subsection (a); and
(B) additional procedures, if any, for carrying out such gathering and considering of agency views
with respect to cooperative research and development agreements described in subsection (a).
Procedures established under this subsection shall be designed to the extent possible to use or modify
existing procedures, to minimize burdens on Federal agencies, to encourage industrial partnerships with
national laboratories, and to minimize delay in the approval or disapproval of joint work statements and
cooperative research and development agreements.
(c) Limitation.—Nothing in this Act, nor any procedures established under this section shall provide to the
Office of Science and Technology Policy, the National Science and Technology Council, or any Federal
agency the authority to disapprove a cooperative research and development agreement or joint work statement,

under section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a), of another
Federal agency.

Sec. 9. INCREASED FLEXIBILITY FOR FEDERAL LABORATORY PARTNERSHIP INTERMEDIARIES.

Section 23 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3715) is amended—

(1) in subsection (a)(1) by inserting “, institutions of higher education as defined in section 1201(a) of the
Higher Education Act of 1965 (20 U.S.C. 1141(a)), or educational institutions within the meaning of section
2194 of title 10, United States Code” after “small business firms”; and

(2) in subsection (c) by inserting “, institutions of higher education as defined in section 1201(a) of the
Higher Education Act of 1965 (20 U.S.C. 1141(a)), or educational institutions within the meaning of section
2194 of title 10, United States Code,” after “small business firnis.”

Sec. 10. REPORTS ON UTILIZATION OF FEDERAL TECHNOLOGY.

(a) Agency Activities—Section 11 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C.
3710) is amended—

(1) by striking the last sentence of subsection (b);

(2) by inserting after subsection (e) the following:


Sec. 2. MANUFACTURING EXTENSION PARTNERSHIP PROGRAM CENTER EXTENSION.

Section 25(c)(5) of the National Institute of Standards and Technology Act (15 U.S.C. 278k(c)(5)) is amended
by striking, “which are designed” and all that follows through “operation of a Center.” and inserting “in lieu
thereof”. After the sixth year, a Center may receive additional financial support under this section if it has
received a positive evaluation through an independent review, under procedures established by the Institute. Such
an independent review shall be required at least every two years after the sixth year of operation. Funding
received for a fiscal year under this section after the sixth year of operation shall not exceed one third of the
capital and annual operating and maintenance costs of the Center under the program.”

Sec. 3. MALCOLM BALDRIGE QUALITY AWARD.

(a) Additional Awards.—Section 17(c)(3) of the Stevenson-Wydler Technology Innovation Act of 1980 ads
U.S.C. 3711a(c)(3)) is amended by inserting “, unless the Secretary determines that a third award is merited
and can be given at no additional cost to the Federal Government” after “in any year”,
(b) Categories.— Section 17(c)(1) of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C,
371 1a(c)(1)) is amended by adding at the end the following:

“(D) Health care providers.

“(E) Education providers.”

Sec. 4, NOTICE.

(a) Redesignation—Section 31 of the National Institute of Standards and Technology Act as section 32.
(b) Notice.—The National Institute of Standards and Technology Act (15 U.S.C. 271 et seq.) is amended by
inserting after section 30 the following new section:

“NOTICE

“Sec. 31. (a) Notice of Reprogramming.—If any funds authorized for carrying out this Act are subject to a
Teprogramming action that requires notice to be provided to the Appropriations Committees. of the House of
Representatives and the Senate, notice of such action shall concurrently be provided to the Committee on Science
of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.

“(b) Notice of Reorganization —

“(1) Requirement.——The Secretary shall provide notice to the Committees on Science and Appropriations
of the House of Representatives, and the Committees on Commerce, Science, and Transportation and
Appropriations of the Senate, not later than 15 days before any major reorganization of any program,
project, or activity of the Institute.

“(2) Definition.—For purposes of this subsection, the term ‘major reorganization’ means any
reorganization of the Institute that involves the reassignment of more than 25 percent of the employees of
the Institute.”

Sec. 5. SENSE OF THE CONGRESS ON THE YEAR 2000 PROBLEM.

With the year 2000 fast approaching, it is the sense of the Congress that the National Institute of Standards
and Technology should—
(1) give high priority to correcting all 2-digit date-related problems in its computer systems to ensure that
those systems continue to operate effectively in the year 2000 and beyond; and
(2) develop contingency plans for those systems that the Institute is unable to correct in time.

Sec. 6: ENHANCEMENT OF SCIENCE AND MATHEMATICS PROGRAMS.

(a) Definitions.—In this section—
(1) Educationally useful Federal equipment—The term “educationally useful Federal equipment” means
computers and related peripheral tools and research equipment that is appropriate for use in schools.
(2) School.—The term “school” means a public or private educational institution that serves any of the
grades of kindergarten through grade 12. (b) Sense of the Congress.—

26


(C) All royalties or other payments retained by the agency or laboratory after payments have been
made pursuant to subparagraphs (A) and (B) that is unobligated and unexpended at the end of the
second fiscal year succeeding the fiscal year in which the royalties and other payments were received
shall be paid into the Treasury.”;

(2) in subsection (a)(2)—
(A) by inserting “or other payments” after “royalties”; and
(B) by striking “for the purposes described in clauses (i) through (iv) of paragraph (1)(B)
during that fiscal year or the succeeding fiscal year” and inserting in lieu thereof “under
paragraph (1)(B)”;
(3) in subsection (a)(3), by striking “$100,000” both places it appears and inserting “$150,000”;
(4) in subsection (a)(4)—
(A) by striking “income” each place it appears and inserting in lieu thereof “payments”;
(B) by striking “the payment of royalties to inventors” in the first sentence thereof and inserting in
lieu thereof “payments to inventors”;
(C) by striking “clause (i) of paragraph (1)(B)” and inserting in lieu thereof “clause (iv) of
paragraph (1)(B)”;
() by striking “payment of the royalties,” in the second sentence thereof and inserting in lieu
thereof “offsetting the payments to inventors”; and
©) by striking “clauses (i) through (iv) of”; and (5) by amending paragraph (1) of subsection (b) to
read as follows:
“(1) by a contractor, grantee, or participant, or an employee of a contractor, grantee, or participant, in an
agreement or other arrangement with the agency.”

Sec. 6. EMPLOYEE ACTIVITIES,

Section 15(a) of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710d(a)) is
amended—
(1) by striking “the right of ownership to an invention under this Act” and inserting in lieu thereof
“ownership of or the right of ownership to an invention made by a Federal employee”; and
(2) by inserting “obtain or” after “the Government, to.”

Sec. 7. AMENDMENT TO BAYH-DOLE ACT

Section 210(e) of title 35, United States Code, is amended by striking,” as amended by the Federal Technology
Transfer Act of 1986.”

Sec. 8. 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—
(J) in section 10(a)—
(A) by striking “nine” and inserting in lieu thereof “15”; and
(B) by striing “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 theGovernment”; and
(3) in section 19—
(A) by inserting “, subject to the availability of appropriations,” after “post-doctoral fellowship
program”; and
(B) by striking “nor more than forty” and inserting in lieu thereof “nor more than 60”.


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62


Histories of the National Bureau of Standards

War Work of the Bureau of Standards
Anonymous

Miscellaneous Publication No. 46
U.S. Government Printing Office, 1921
299 pp.

The Bureau of Standards: Its History, Activities, and Organization
Gustavus A. Weber

Johns Hopkins Press, 1925
299 pp.

NBS War Research—The National Bureau of Standards in World War II
Lyman J. briggs, Director Emeritus, NBS

U.S. Government Printing Office, September 1949
187 pp.

The Story of Standards
John Perry

Funk & Wagnalls, 1955
271 pp.

Measures for Progress: A History of the National Bureau of Standards
Rexmond C. Cochrane

NBS Miscellaneous Publication 275
U.S. Government Printing Office, 1966
702 pp.

Achievement in Radio: Seventy Years of Radio Science, Technology, Standards, and Measurement
at the National Bureau of Standards

Wilbert F. Snyder and Charles L. Bragaw

NBS Special Publication 555
U.S. Government Printing Office, 1986
842 pp.

A Unique Institution: The National Bureau of Standards, 1950-1969
Elio Passaglia, with Karma A. Beal

NBS Special Publication 925
U.S. Government Printing Office, 1999
822 pp.

Source: NIST Research Library Online Catalog

48



UNITED STATES
PRESIDENTS

George W. Bush
2001

Source: Agency Web sites

DEPARTMENT
OFFICIALS

Donald L. Evans
Secretary of Commerce
2002

Phillip J. Bond

Under Secretary
of Commerce for
Technology
2002

50

NIST
DIRECTORS

Arden L. Bement, ur.
2002


Sec. 12. 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) in paragraph (2), 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, 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,

“(c) Transmittal of Plan to Congress.—The National Institute of Standards and Technology shall, within 90
days after the date of enactment of this Act, transmit to the Congress a plan for implementing the
amendments made by this section.

(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
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.

Sec. 13. SENSE OF CONGRESS

It is the sense of the Congress that the Malcolm Baldrige National Quality Award program offers substantial
benefits to United States industry, and that all funds appropriated for such program should be spent in support of
the goals of the program.

Approved March 7, 1996,

seek