article: SECTION 1. SHORT TITLE. This Act may be cited as the ``Technology Administration Authorization Act of 1995''. SEC. 2. AUTHORIZATION OF APPROPRIATIONS. (a) Under Secretary for Technology.--(1) There are authorized to be appropriated to the Secretary of Commerce for the activities of the Under Secretary for Technology/Office of Technology Policy $5,000,000 for fiscal year 1996. (2) With the Fiscal Year 1997 budget submission for the Department of Commerce, the Secretary of Commerce shall submit to Congress a strategic plan for phasing out the Office of Technology Policy during fiscal year 1996 by eliminating nonessential functions and transferring any essential functions to the National Institute of Standards and Technology. (b) National Institute of Standards and Technology.--For each of fiscal years 1996, 1997, and 1998, there are authorized to be appropriated to the Secretary of Commerce for the following activities of the National Institute of Standards and Technology: (1) For Scientific and Technical Research and Services, $263,000,000. (2) For Industrial Technology Services, $427,000,000, but no appropriations are authorized for Advanced Technology Program grants awarded after October 1, 1995. (3) For Construction of Research Facilities, $60,000,000. SEC. 3. EXPERIMENTAL PROGRAM TO STIMULATE COMPETITIVE TECHNOLOGY. The National Institute of Standards and Technology Act (15 U.S.C. 271 et seq.) is amended by redesignating section 31 as section 32 and by inserting after section 30 the following: ``COMPETITIVE TECHNOLOGY PROGRAM ``Sec. 31. (a) Findings.--Congress finds that-- ``(1) it is in the National interest for the federal government to take appropriate steps in order to strengthen the competitiveness of research institutions and industry in our rural and less populous states that historically have not been included as full partners in the federal research and development enterprise; ``(2) the research institutions in our rural and less populous states represent a valuable and productive research and technological base that has generated important breakthrough advances in science and technology and helped boost the Nation's economy; ``(3) as part of its mission to help increase U.S. competitiveness, the National Institute of Standards and Technology (NIST) of the Department of Commerce, has an important role in strengthening and broadening the research and technology base in our rural and less populous states; ``(4) the Experimental Program to Stimulate Competitive Research (EPSCOR) at the National Science Foundation and similar programs at the National Aeronautics and Space Administration and other federal science agencies have been extremely successful in strengthening the research base of our rural and less populous states by funding, on a competitive, peer-reviewed basis, research grant proposals from those states; and ``(5) the establishment at NIST of a program based on the EPSCOR concept would both build on the progress of the other federal agencies' EPSCOR activities and further broaden the Nation's scientific and technology base to embrace the quality research institutions in rural and less populous states. ``(b) Policy.--It is the policy of the United States that-- ``(1) NIST should conduct appropriate programs and activities to strengthen and broaden the Nation's scientific and technology capabilities and infrastructure; ``(2) NIST should develop programs and activities to support research efforts in our rural and less populous states to enhance U.S. industrial competitiveness; and ``(3) such programs and activities should be coordinated and made consistent with the Experimental Program to Stimulate Competitive Research at the National Science Foundation and similar programs at other federal science agencies. ``(c) Requirements.-- ``(1) Competition.--Through the National Institute of Standards and Technology, the Secretary of Commerce shall establish an Experimental Program to Stimulate Competitive Technology (EPSCOT). EPSCOT shall provide grants on a competitive and peer-reviewed basis to qualified institutions in eligible States. Such grants shall be awarded for any purpose consistent with and in furtherance of the mission of the Institute including, but not limited to, research, technology transfer, outreach activities, economic development, and education. In evaluating a grant application under EPSCOT, the Secretary of Commerce shall consider-- ``(A) the application's merit and relevance to mission of the Institute; ``(B) the potential for the grant to serve as a catalyst to enhance the ability of researchers in the State to become more competitive for regular civilian research funding; ``(C) the potential for the grant to improve the environment for science, mathematics, and engineering education in the State; and ``(D) the need to assure the maximum distribution of grants among eligible States, consistent with merit. ``(2) Supplemental grants.--The Secretary of Commerce shall endeavor, where appropriate, to supplement grants made under subsection (a) with such grants for fellowships, traineeships, equipment, or instrumentation as practicable. ``(3)Definitions.--For the purposes of this section-- ``(A) the term `qualified institutions' means small and medium-sized companies, colleges, universities, not-for-profit institutions, local and state governments, individuals with a record of achievement in science and technology, and any other persons or entities deemed qualified by the Secretary of Commerce, but not large companies and ``(B) the term `eligible states' means a State designated as eligible to compete in the National Science Foundation's Experimental Program to Stimulate Competitive Research. ``(e) Authorization of Appropriations.--To implement EPSCOT and any related activities, the Secretary of Commerce shall ensure that up to $10,000,000 from the appropriations authorized for the Industrial Technology Services account at the National Institute of Standards and Technology are used for purposes of establishing and developing an Experimental Program to Stimulate Competitive Technology Research at the agency.''. SEC. 4. ELIMINATION OF NATIONAL QUALITY COUNCIL. Section 507 of the American Technology Preeminence Act of 1991 (15 U.S.C. 3717) is hereby repealed. SEC. 5. FASTENER QUALITY ACT AMENDMENTS. (a) Section 2 Amendments.--Section 2 of the Fastener Quality Act (15 U.S.C. 5401) is amended-- (1) by striking subsection (a)(4), and redesignating paragraphs (5) through (9) as paragraphs (4) through (8), respectively; (2) by striking ``by lot number'' in subsection (a)(7), as so redesignated by paragraph (1) of this subsection; and (3) by striking ``used in critical applications'' in subsection (b) and inserting ``in commerce''. (b) Section 3 Amendments.--Section 3 of the Fastener Quality Act (15 U.S.C. 5402) is amended-- (1) by striking ``having a minimum tensile strength of 150,000 pounds per square inch'' in paragraph (1)(B) and inserting ``having a minimum Rockwell C hardness of 40 or above''; (2) in paragraph (2)-- (A) by inserting ``International Organization for Standardization,'' after ``Society of Automotive Engineers,''; and (B) by inserting ``consensus'' after ``or any other''; (3) in paragraph (5)-- (A) by inserting ``or'' after ``standard or specification,'' in subparagraph (B); (B) by striking ``or'' at the end of subparagraph (C); (C) by striking subparagraph (D); and (D) by inserting ``or produced in accordance with ASTM F 432'' after ``307 Grade A''; (4) by striking ``other person'' in paragraph (6) and inserting ``government agency''; (5) by striking ``Standard'' in paragraph (8) and inserting ``Standards''; (6) by striking paragraph (11) and redesignating paragraphs (12) through (15) as paragraphs (11) through (14), respectively; (7) by striking ``, a government agency'' and all that follows through ``markings of any fastener'' in paragraph (13), as so redesignated, and inserting ``or a government agency''; and (8) by inserting ``for the purpose of achieving a uniform hardness'' in paragraph (14), as so redesignated, after ``quenching and tempering''. (c) Section 4 Repeal.--Section 4 of the Fastener Quality Act (15 U.S.C. 5404) is repealed. (d) Section 5 Amendments.--Section 5 of the Fastener Quality Act (15 U.S.C. 5404) is amended-- (1) by striking ``subsections (b) and (c)'' in subsection (a)(1)(B) and (2)(A)(i) and inserting ``subsections (b), (c), and (d)''; (2) by striking ``or, where applicable'' and all that follows through ``section 7(c)(1)'' in subsection (c)(2); (3) by striking ``, such as the chemical, dimensional, physical, mechanical, and any other'' in subsection (c)(3); (4) by inserting ``except as provided in subsection (d),'' in subsection (c)(4) before ``state whether''; and (5) by adding at the end the following new subsection: ``(d) Alternative Procedure for Chemical Characteristics.-- Notwithstanding the requirements of subsections (b) and (c), a manufacturer shall be deemed to have demonstrated, for purposes of subsection (a)(1), that the chemical characteristics of a lot conform to the standards and specifications to which the manufacturer represents such lot has been manufactured if the following requirements are met: ``(1) The coil or heat number of metal from which such lot was fabricated has been inspected and tested with respect to its chemical characteristics by a laboratory accredited in accordance with the procedures and conditions specified by the Secretary under section 6. ``(2) Such laboratory has provided to the manufacturer, either directly or through the metal manufacturer, a written inspection and testing report, which shall be in a form prescribed by the Secretary by regulation, listing the chemical characteristics of such coil or heat number. ``(3) The report described in paragraph (2) indicates that the chemical characteristics of such coil or heat number conform to those required by the standards and specifications to which the manufacturer represents such lot has been manufactured. ``(4) The manufacturer demonstrates that such lot has been fabricated from the coil or heat number of metal to which the report described in paragraphs (2) and (3) relates. In prescribing the form of report required by subsection (c), the Secretary shall provide for an alternative to the statement required by subsection (c)(4), insofar as such statement pertains to chemical characteristics, for cases in which a manufacturer elects to use the procedure permitted by this subsection.''. (e) Section 6 Amendment.--Section 6(a)(1) of the Fastener Quality Act (15 U.S.C. 5405(a)(1)) is amended by striking ``Within 180 days after the date of enactment of this Act, the'' and inserting ``The''. (f) Section 7 Amendments.--Section 7 of the Fastener Quality Act (15 U.S.C. 5406) is amended-- (1) by amending subsection (a) to read as follows: ``(a) Domestically Produced Fasteners.--It shall be unlawful for a manufacturer to sell any shipment of fasteners covered by this Act which are manufactured in the United States unless the fasteners-- ``(1) have been manufactured according to the requirements of the applicable standards and specifications and have been inspected and tested by a laboratory accredited in accordance with the procedures and conditions specified by the Secretary under section 6; and ``(2) an original laboratory testing report described in section 5(c) and a manufacturer's certificate of conformance are on file with the manufacturer, or under such custody as may be prescribed by the Secretary, and available for inspection.''; (2) by inserting ``label'' after ``private'' the first place it appears in subsection (c)(2); (3) by inserting ``to the same'' in subsection (c)(2) after ``in the same manner and''; (4) by striking ``certificate'' in subsection (d)(1) and inserting ``test report''; (5) by striking subsection (e) and inserting the following: ``(e) Commingling.--It shall be unlawful for any manufacturer, importer, or private label distributor to commingle like fasteners from different lots in the same container; except that such manufacturer, importer, or private label distributor may commingle like fasteners of the same type, grade, and dimension from not more than two tested and certified lots in the same container during repackaging and plating operations: Provided, that any container which contains the fasteners from two lots shall be conspicuously marked with the lot identification numbers of both lots.''; and (6) by striking subsection (f) and inserting the following: ``(f) Subsequent Purchaser.--If a person who purchases fasteners for any purpose so requests either prior to the sale or at the time of sale, the seller shall conspicuously mark the container of the fasteners with the lot number from which such fasteners were taken.''. (g) Section 9 Amendment.--Section 9 of the Fastener Quality Act (15 U.S.C. 5408) is amended by adding at the end the following new subsection: ``(d) Enforcement.--The Secretary may designate officers or employees of the Department of Commerce to conduct investigations pursuant to this Act. In conducting such investigations, those officers or employees may, to the extent necessary or appropriate to the enforcement of this Act, exercise such authorities as are conferred upon them by other laws of the United States, subject to policies and procedures approved by the Attorney General.''. (h) Section 10 Amendments.--Section 10 of the Fastener Quality Act (15 U.S.C. 5409) is amended-- (1) by striking ``10 years''in subsections (a) and (b) and inserting ``5 years''; and (2) by striking ``any subsequent'' in subsection (b) and inserting ``the subsequent''. (i) Section 13 Amendment.--Section 13 of the Fastener Quality Act (15 U.S.C. 5412) is amended by striking ``within 180 days after the date of enactment of this Act''. (j) Section 14 Repeal.--Section 14 of the Fastener Quality Act (15 U.S.C. 5413) is repealed.
summary: Technology Administration Authorization Act of 1995 - Authorizes appropriations to the Secretary of Commerce for: (1) the Under Secretary for Technology-Office of Technology Policy; and (2) the National Institute of Standards and Technology (NIST). Directs the Secretary to submit to the Congress a plan for phasing out the Office of Technology Policy and transferring essential functions to NIST. Amends the National Institute of Standards and Technology Act to direct the Secretary to establish an Experimental Program to Stimulate Cooperative Technology which shall make grants in furtherance of NIST's mission. Amends the American Technology Preeminence Act of 1991 to eliminate the National Quality Council. Amends the Fastener Quality Act with regard to metal chemistry testing, commingling of fasteners in distribution, and acceptance of nonconforming fasteners.