Union Calendar No. 125
104TH CONGRESS
1ST SESSION
H. R. 1870
[Report No. 104–232]
A BILL
To authorize appropriations for the activities of the
Under Secretary of Commerce for Technology,
and for Scientific and Technical Research Serv-
ices and Construction of Research Facilities ac-
tivities of the National Institute of Standards
and Technology, for fiscal year 1996, and for
other purposes.
AUGUST 4, 1995
Reported with an amendment, committed to the Commit-
tee of the Whole House on the State of the Union, and
ordered to be printed
IB
Union Calendar No. 125
104TH CONGRESS
1ST SESSION
H. R. 1870
[Report No. 104–232]
To authorize appropriations for the activities of the Under Secretary of
Commerce for Technology, and for Scientific and Technical Research
Services and Construction of Research Facilities activities of the National
Institute of Standards and Technology, for fiscal year 1996, and for
other purposes.
IN THE HOUSE OF REPRESENTATIVES
JUNE 16, 1995
Mrs. MORELLA introduced the following bill; which was referred to the
Committee on Science
AUGUST 4, 1995
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on June 16, 1995]
A BILL
To authorize appropriations for the activities of the Under
Secretary of Commerce for Technology, and for Scientific
and Technical Research Services and Construction of
Research Facilities activities of the National Institute
of Standards and Technology, for fiscal year 1996, and
for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘American Technology
Advancement Act of 1995’’.
SEC. 2. AUTHORIZATION OF APPROPRIATIONS.
(a) UNDER SECRETARY FOR TECHNOLOGY.—There are
authorized to be appropriated to the Secretary of Commerce
for the activities of the Under Secretary for Technology/Of-
fice of Technology Policy $5,066,000 for fiscal year 1996.
(b) NATIONAL INSTITUTE OF STANDARDS AND TECH-
NOLOGY.—There are authorized to be appropriated to the
Secretary of Commerce for the following activities of the Na-
tional Institute of Standards and Technology:
(1) For Scientific and Technical Research and
Services, $275,579,000 for fiscal year 1996, of
which—
(A) $39,628,000 shall be for Electronics and
Electrical Engineering;
(B) $19,565,000 shall be for Manufacturing
Engineering;
(C) $28,127,000 shall be for Chemical
Science and Technology;
(D) $28,082,000 shall be for Physics;
(E) $54,314,000 shall be for Material
Science and Engineering;
(F) $13,517,000 shall be for Building and
Fire Research;
(G) $30,704,000 shall be for Computer Sys-
tems;
(H) $10,964,000 shall be for Applied Mathe-
matics and Scientific Computing;
(I) $19,109,000 shall be for Technical As-
sistance;
(J) $28,169,000 shall be for Research Sup-
port; and
(K) $3,400,000 shall be for the Malcolm
Baldrige National Quality Program under sec-
tion 17 of the Stevenson-Wydler Technology In-
novation Act of 1980 (15 U.S.C. 3711a); and
(2) for Construction of Research Facilities,
$62,055,000 for fiscal year 1996.
SEC. 3. NATIONAL INSTITUTE OF STANDARDS AND TECH-
NOLOGY ACT AMENDMENTS.
The National Institute of Standards and Technology
Act (15 U.S.C. 271 et seq.) is amended—
(1) in section 10(a)—
(A) by striking ‘‘nine’’ and inserting in lieu
thereof ‘‘15’’; and
(B) by striking ‘‘five’’ and inserting in lieu
thereof ‘‘10’’;
(2) in section 15—
(A) by striking ‘‘Pay Act of 1945; and’’ and
inserting in lieu thereof ‘‘Pay Act of 1945;’’; and
(B) by inserting ‘‘; and (h) the provision of
transportation services for employees of the Insti-
tute between the facilities of the Institute and
nearby public transportation, notwithstanding
section 1344 of title 31, United States Code’’
after ‘‘interests of the Government’’; and
(3) in section 19, by striking ‘‘nor more than
forty’’ and inserting in lieu thereof ‘‘nor more than
60’’.
SEC. 4. STEVENSON-WYDLER TECHNOLOGY INNOVATION
ACT OF 1980 AMENDMENTS.
The Stevenson-Wydler Technology Innovation Act of
1980 (15 U.S.C. 3701 et seq.) is amended—
(1) in section 11(i) (15 U.S.C. 3710(i))—
(A) by inserting ‘‘loan, lease,’’ after ‘‘de-
partment, may’’; and
(B) by inserting ‘‘Actions taken under this
subsection shall not be subject to Federal require-
ments on the disposal of property.’’ after ‘‘edu-
cation and research activities.’’; and
(2) in section 17(c) (15 U.S.C. 3711a(c))—
(A) by striking paragraph (2);
(B) by redesignating paragraph (3) as
paragraph (2); and
(C) in paragraph (2), as so redesignated by
subparagraph (B) of this paragraph, by striking
‘‘two’’ and inserting in lieu thereof ‘‘4’’.
SEC. 5. PERSONNEL.
The personnel management demonstration project es-
tablished under section 10 of the National Bureau of Stand-
ards Authorization Act for Fiscal Year 1987 (15 U.S.C. 275
note) is extended indefinitely.
SEC. 6. FASTENER QUALITY ACT AMENDMENTS.
(a) SECTION 2 AMENDMENTS.—Section 2 of the Fas-
tener Quality Act (15 U.S.C. 5401) is amended—
(1) by striking subsection (a)(4), and redesignat-
ing paragraphs (5) through (9) as paragraphs (4)
through (8), respectively;
(2) in subsection (a)(7), as so redesignated by
paragraph (1) of this subsection, by striking ‘‘by lot
number’’; and
(3) in subsection (b), by striking ‘‘used in criti-
cal applications’’ and inserting in lieu thereof ‘‘in
commerce’’.
(b) SECTION 3 AMENDMENTS.—Section 3 of the Fas-
tener Quality Act (15 U.S.C. 5402) is amended—
(1) in paragraph (1)(B) by striking ‘‘having a
minimum tensile strength of 150,000 pounds per
square inch’’ and inserting in lieu thereof ‘‘having a
minimum Rockwell C hardness of 40 or above’’;
(2) in paragraph (2)—
(A) by inserting ‘‘International Organiza-
tion for Standardization,’’ after ‘‘Society of
Automotive Engineers,’’; and
(B) by inserting ‘‘consensus’’ after ‘‘or any
other’’;
(3) in paragraph (5)—
(A) by inserting ‘‘or’’ after ‘‘standard or
specification,’’ in subparagraph (B);
(B) by striking ‘‘or’’ at the end of subpara-
graph (C);
(C) by striking subparagraph (D); and
(D) by inserting ‘‘or produced in accord-
ance 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 redesignat-
ing 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 gov-
ernment agency’’ and all that follows through ‘‘mark-
ings 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 Fas-
tener 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 sub-
section:
‘‘(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 stand-
ards and specifications to which the manufacturer rep-
resents such lot has been manufactured if the following re-
quirements 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 proce-
dures and conditions specified by the Secretary under
section 6.
‘‘(2) Such laboratory has provided to the manu-
facturer, either directly or through the metal manu-
facturer, a written inspection and testing report,
which shall be in a form prescribed by the Secretary
by regulation, listing the chemical characteristics of
such coil or heat number.
‘‘(3) The report described in paragraph (2) indi-
cates that the chemical characteristics of such coil or
heat number conform to those required by the stand-
ards 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 state-
ment required by subsection (c)(4), insofar as such state-
ment pertains to chemical characteristics, for cases in which
a manufacturer elects to use the procedure permitted by this
subsection.’’.
(e) SECTION 6 AMENDMENT.—Section 6(a)(1) of the
Fastener Quality Act (15 U.S.C. 5405(a)(1)) is amended
by striking ‘‘Within 180 days after the date of enactment
of this Act, the’’ and inserting in lieu thereof ‘‘The’’.
(f) SECTION 7 AMENDMENTS.—Section 7 of the Fas-
tener Quality Act (15 U.S.C. 5406) is amended—
(1) by amending subsection (a) to read as fol-
lows:
‘‘(a) DOMESTICALLY PRODUCED FASTENERS.—It shall
be unlawful for a manufacturer to sell any shipment of fas-
(g) SECTION 9 AMENDMENT.—Section 9 of the Fas-
tener Quality Act (15 U.S.C. 5408) is amended by adding
at the end the following new subsection:
‘‘(d) ENFORCEMENT.—The Secretary may designate
officers or employees of the Department of Commerce to con-
duct 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, ex-
ercise 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 Fas-
tener 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 subse-
quent’’ and inserting in lieu thereof ‘‘the subsequent’’.
(i) SECTION 13 AMENDMENT.—Section 13 of the Fas-
tener Quality Act (15 U.S.C. 5412) is amended by striking
‘‘within 180 days after the date of enactment of this Act’’.
(j) SECTION 14 REPEAL.—Section 14 of the Fastener
Quality Act (15 U.S.C. 5413) is repealed.
SEC. 7. PROHIBITION OF LOBBYING ACTIVITIES.
None of the funds authorized by this Act shall be avail-
able for any activity whose purpose is to influence legisla-
tion pending before the Congress, provided that this shall
not prevent officers or employees of the United States or
of its departments or agencies from communicating to Mem-
bers of Congress on the request of any Member or to Con-
gress, through the proper channels, requests for legislation
or appropriations which they deem necessary for the effi-
cient conduct of the public business.
SEC. 8. LIMITATION ON APPROPRIATIONS.
(a) EXCLUSIVE AUTHORIZATION FOR FISCAL YEAR
1996.—Notwithstanding any other provision of law, no
sums are authorized to be appropriated for fiscal year 1996
for the activities of the Under Secretary for Technology/Of-
fice of Technology Policy or the National Institute of Stand-
ards and Technology unless such sums are specifically au-
thorized to be appropriated by this Act.
(b) SUBSEQUENT FISCAL YEARS.—No sums are au-
thorized to be appropriated for any fiscal year after fiscal
year 1996 for the activities of the Under Secretary for Tech-
nology/Office of Technology Policy or the National Institute
of Standards and Technology unless such sums are specifi-
cally authorized to be appropriated by Act of Congress with
respect to such fiscal year.
SEC. 9. ELIGIBILITY FOR AWARDS.
(a) IN GENERAL.—The Director shall exclude from
consideration for awards of financial assistance made by
the Under Secretary for Technology/Office of Technology
Policy or the National Institute of Standards and Tech-
nology after fiscal year 1995 any person who received funds,
other than those described in subsection (b), appropriated
for a fiscal year after fiscal year 1995, from any Federal
funding source for a project that was not subjected to a com-
petitive, merit-based award process. Any exclusion from
consideration pursuant to this section shall be effective for
a period of 5 years after the person receives such Federal
funds.
(b) EXCEPTION.—Subsection (a) shall not apply to
awards to persons who are members of a class specified by
law for which assistance is awarded to members of the class
according to a formula provided by law.
SEC. 10. STANDARDS CONFORMITY.
(a) USE OF STANDARDS.—Section 2(b) of the National
Institute of Standards and Technology Act (15 U.S.C.
272(b)) is amended—
(1) by striking ‘‘, including comparing stand-
ards’’ and all that follows through ‘‘Federal Govern-
ment’’;
(2) by redesignating paragraphs (3) through (11)
as paragraphs (4) through (12), respectively; and
(3) by inserting after paragraph (2) the follow-
ing new paragraph:
‘‘(3) to compare standards used in scientific in-
vestigations, engineering, manufacturing, commerce,
industry, and educational institutions with the stand-
ards adopted or recognized by the Federal Govern-
ment and to coordinate the use by Federal agencies
of private sector standards, emphasizing where pos-
sible the use of standards developed by private, con-
sensus 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 para-
graph (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 para-
graph:
‘‘(13) to coordinate Federal, State, local, and
private sector standards conformity assessment activi-
ties, with the goal of eliminating unnecessary dupli-
cation and complexity in the development and pro-
mulgation of conformity assessment requirements and
measures.’’.
(c) TRANSMITTAL OF PLAN TO CONGRESS.—The Na-
tional Institute of Standards and Technology shall, by Jan-
uary 1, 1996, transmit to the Congress a plan for imple-
menting the amendments made by this section.
SEC. 11. FURTHER AUTHORIZATIONS.
Nothing in this Act shall preclude further authoriza-
tion of appropriations for the Manufacturing Extension
Partnerships program under sections 25 and 26 of the Na-
tional Institute of Standards and Technology Act (15
U.S.C. 278k and 278l) for fiscal year 1996: Provided, That
authorization allocations adopted by the Conference Com-
mittee on House Concurrent Resolution 67, and approved
by Congress, allow for such further authorizations.
HR 1870 RH——2