Pub.L. 104-114 To seek international sanctions against the Castro government in Cuba, to plan for support of a transition government leading to a democratically elected government in Cuba, and for other purposes. <> %%Fil...

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                    (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''.

SEC. 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''.

SEC. 10 <<NOTE: 15 USC 275 note.>> . 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.

[[Page 110 STAT. 780]]

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
            (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 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) 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

[[Page 110 STAT. 781]]

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) <<NOTE: Reports. Regulations.>>  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 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

[[Page 110 STAT. 782]]

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:
    ``(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) 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''.
    (j) Section 14 Repeal.--Section 14 of the Fastener Quality Act (15 
U.S.C. 5413) is repealed.

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 
        assess

[[Page 110 STAT. 783]]

        ment activities, with the goal of eliminating unnecessary 
        duplication and complexity in the development and promulgation 
        of conformity assessment requirements and measures.''.

    (c) <<NOTE: 15 USC 272 note.>>  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) <<NOTE: 15 USC 272 note.>>  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


[[Page 110 STAT. 784]]

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.

LEGISLATIVE HISTORY--H.R. 2196:
---------------------------------------------------------------------------

HOUSE REPORTS: No. 104-390 (Comm. on Science).
CONGRESSIONAL RECORD:
                                                        Vol. 141 (1995):
                                    Dec. 12, considered and passed 
                                        House.
                                                        Vol. 142 (1996):
                                    Feb. 7, considered and passed 
                                        Senate, amended.
                                    Feb. 27, House concurred in Senate 
                                        amendments.

                                  <all>

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