text: 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.
target: 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.
feat_title: Technology Administration Authorization Act of 1995