[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1274 Referred in Senate (RFS)]

  1st Session
                                H. R. 1274


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 24, 1997

    Received; read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 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 assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Institute of Standards and 
Technology Authorization Act of 1997''.

SEC. 2. AUTHORIZATION OF APPROPRIATIONS FOR SCIENTIFIC AND TECHNICAL 
              RESEARCH AND SERVICES.

    (a) Laboratory Activities.--There are authorized to be appropriated 
to the Secretary of Commerce for the Scientific and Technical Research 
and Services laboratory activities of the National Institute of 
Standards and Technology--
            (1) $278,563,000 for fiscal year 1998, of which--
                    (A) $38,104,000 shall be for Electronics and 
                Electrical Engineering;
                    (B) $18,925,000 shall be for Manufacturing 
                Engineering;
                    (C) $31,791,000 shall be for Chemical Science and 
                Technology;
                    (D) $30,372,000 shall be for Physics;
                    (E) $50,914,000 shall be for Material Science and 
                Engineering;
                    (F) $13,404,000 shall be for Building and Fire 
                Research;
                    (G) $47,073,000 shall be for Computer Science and 
                Applied Mathematics;
                    (H) $19,376,000 shall be for Technical Assistance; 
                and
                    (I) $28,604,000 shall be for Research Support; and
            (2) $286,919,890 for fiscal year 1999, of which--
                    (A) $39,247,120 shall be for Electronics and 
                Electrical Engineering;
                    (B) $19,492,750 shall be for Manufacturing 
                Engineering;
                    (C) $32,744,730 shall be for Chemical Science and 
                Technology;
                    (D) $31,283,160 shall be for Physics;
                    (E) $52,441,420 shall be for Material Science and 
                Engineering;
                    (F) $13,806,120 shall be for Building and Fire 
                Research;
                    (G) $48,485,190 shall be for Computer Science and 
                Applied Mathematics;
                    (H) $19,957,280 shall be for Technical Assistance; 
                and
                    (I) $29,462,120 shall be for Research Support.
    (b) Malcolm Baldrige National Quality Program.--There are 
authorized to be appropriated to the Secretary of Commerce for the 
Malcolm Baldrige National Quality Program under section 17 of the 
Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3711a)--
            (1) $4,134,500 for fiscal year 1998; and
            (2) $5,289,000 for fiscal year 1999.
    (c) Construction and Maintenance.--(1) There are authorized to be 
appropriated to the Secretary of Commerce for construction and 
maintenance of facilities of the National Institute of Standards and 
Technology--
            (A) $16,692,000 for fiscal year 1998; and
            (B) $67,000,000 for fiscal year 1999.
    (2) None of the funds authorized by paragraph (1)(B) for 
construction of facilities may be obligated unless the Secretary of 
Commerce has certified to the Committee on Science of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate that the obligation of funds is consistent 
with a plan for meeting the facilities needs of the National Institute 
of Standards and Technology that the Secretary has transmitted to those 
committees.

SEC. 3. AUTHORIZATION OF APPROPRIATIONS FOR THE OFFICE OF THE UNDER 
              SECRETARY FOR TECHNOLOGY.

    There are authorized to be appropriated to the Secretary of 
Commerce for the activities of the Under Secretary for Technology and 
the Office of Technology Policy--
            (1) $7,000,000 for fiscal year 1998; and
            (2) $7,205,000 for fiscal year 1999.

SEC. 4. AUTHORIZATION OF APPROPRIATIONS FOR INDUSTRIAL TECHNOLOGY 
              SERVICES.

    There are authorized to be appropriated to the Secretary of 
Commerce for the Industrial Technology Services activities of the 
National Institute of Standards and Technology--
            (1) $302,900,000 for fiscal year 1998, of which--
                    (A) $185,100,000 shall be for the Advanced 
                Technology Program under section 28 of the National 
                Institute of Standards and Technology Act (15 U.S.C. 
                278n); and
                    (B) $117,800,000 shall be for the Manufacturing 
                Extension Partnerships program under sections 25 and 26 
                of the National Institute of Standards and Technology 
                Act (15 U.S.C. 278k and 278l); and
            (2) $261,300,000 for fiscal year 1999, of which--
                    (A) $150,000,000 shall be for the Advanced 
                Technology Program under section 28 of the National 
                Institute of Standards and Technology Act (15 U.S.C. 
                278n); and
                    (B) $111,300,000 shall be for the Manufacturing 
                Extension Partnerships program under sections 5 and 26 
                of the National Institute of Standards and Technology 
                Act (15 U.S.C. 278k and 278l).

SEC. 5. NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY ACT AMENDMENTS.

    (a) Amendments.--Section 28 of the National Institute of Standards 
and Technology Act (15 U.S.C. 278n) is amended--
            (1) by striking ``or contracts'' in subsection (b)(1)(B), 
        and inserting in lieu thereof ``contracts, and, subject to the 
        last sentence of this subsection, other transactions'';
            (2) by inserting ``and if the non-Federal participants in 
        the joint venture agree to pay at least 60 percent of the total 
        costs of the joint venture during the Federal participation 
        period under this section, which shall not exceed 5 years,'' in 
        subsection (b)(1)(B) after ``participation to be 
        appropriate,'';
            (3) by striking ``(ii) provision of a minority share of the 
        cost of such joint ventures for up to 5 years, and (iii)'' in 
        subsection (b)(1)(B), and inserting in lieu thereof ``and 
        (ii)'';
            (4) by striking ``and cooperative agreements'' in 
        subsection (b)(2), and inserting in lieu thereof ``, 
        cooperative agreements, and, subject to the last sentence of 
        this subsection, other transactions'';
            (5) by striking ``, provided that emphasis is'' in 
        subsection (b)(2) and inserting in lieu thereof ``on the 
        condition that grant recipients (other than small businesses 
        within the meaning of the Small Business Act) provide at least 
        60 percent of the costs of the project, with emphasis'';
            (6) by adding after subsection (b)(4) the following:
``The authority under paragraph (1)(B) and paragraph (2) to enter into 
other transactions shall apply only if the Secretary, acting through 
the Director, determines that standard contracts, grants, or 
cooperative agreements are not feasible or appropriate, and only when 
other transaction instruments incorporate terms and conditions that 
reflect the use of generally accepted commercial accounting and 
auditing practices.'';
            (7) in subsection (d)(1), by inserting ``and be of a nature 
        and scope that would not be pursued in a timely manner without 
        Federal assistance'' after ``technical merit''; and
            (8) by adding at the end the following new subsections:
    ``(k) Notwithstanding subsection (b)(1)(B) and subsection (d)(3), 
the Director may grant extensions beyond the deadlines established 
under those provisions for joint venture and single applicant awardees 
to expend Federal funds to complete their projects, if such extension 
may be granted with no additional cost to the Federal Government and it 
is in the Federal Government's interest to do so.
    ``(l) The Secretary, acting through the Director, may vest title to 
tangible personal property in any recipient of financial assistance 
under this section if--
            ``(1) the property is purchased with funds provided under 
        this section; and
            ``(2) the Secretary, acting through the Director, 
        determines that the vesting of such property furthers the 
        objectives of the Institute.
Vesting under this subsection shall be subject to such limitations as 
are prescribed by the Secretary, acting through the Director, and shall 
be made without further obligation to the United States Government.''.
    (b) Additional Amendment.--(1) Section 28 of the National Institute 
of Standards and Technology Act (15 U.S.C. 278n) is further amended by 
striking the period at the end of the first sentence of subsection 
(d)(11)(A) and inserting in lieu thereof the following: ``or any other 
participant in a joint venture receiving financial assistance under 
this section, as agreed by the parties, notwithstanding the 
requirements of section 202 (a) and (b) of title 35, United States 
Code.''.
    (2) The amendment made by this subsection shall be effective only 
with respect to assistance for which solicitations for proposals are 
made after the date of the enactment of this Act.

SEC. 6. 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 the proportion of the 
capital and annual operating and maintenance costs of the Center 
received by the Center during its sixth year of operation.''.

SEC. 7. MALCOLM BALDRIGE QUALITY AWARD.

    Section 17(c)(3) of the Stevenson-Wydler Technology Innovation Act 
of 1980 (15 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''.

SEC. 8. NEXT GENERATION INTERNET.

    None of the funds authorized by this Act, or any other Act enacted 
before the date of the enactment of this Act, may be used for the Next 
Generation Internet. Notwithstanding the previous sentence, funds may 
be used for the continuation of programs and activities that were 
funded and carried out during fiscal year 1997.

SEC. 9. LIMITATIONS.

    (a) Prohibition of Lobbying Activities.--None of the funds 
authorized by this Act shall be available for any activity whose 
purpose is to influence legislation pending before the Congress, except 
that this subsection shall not prevent officers or employees of the 
United States or of its departments or agencies from communicating to 
Members of Congress on the request of any Member or to Congress, 
through the proper channels, requests for legislation or appropriations 
which they deem necessary for the efficient conduct of the public 
business.
    (b) Limitation on Appropriations.--No sums are authorized to be 
appropriated to the Director of the National Institute of Standards and 
Technology for fiscal years 1998 and 1999 for the activities for which 
sums are authorized by this Act, unless such sums are specifically 
authorized to be appropriated by this Act.
    (c) Eligibility for Awards.--
            (1) In general.--The Director of the National Institute of 
        Standards and Technology shall exclude from consideration for 
        grant agreements made by the Institute after fiscal year 1997 
        any person who received funds, other than those described in 
        paragraph (2), appropriated for a fiscal year after fiscal year 
        1997, under a grant agreement from any Federal funding source 
        for a project that was not subjected to a competitive, merit-
        based award process. Any exclusion from consideration pursuant 
        to this subsection shall be effective for a period of 5 years 
        after the person receives such Federal funds.
            (2) Exception.--Paragraph (1) shall not apply to the 
        receipt of Federal funds by a person due to the membership of 
        that person in a class specified by law for which assistance is 
        awarded to members of the class according to a formula provided 
        by law.
            (3) Definition.--For purposes of this subsection, the term 
        ``grant agreement'' means a legal instrument whose principal 
        purpose is to transfer a thing of value to the recipient to 
        carry out a public purpose of support or stimulation authorized 
        by a law of the United States, and does not include the 
        acquisition (by purchase, lease, or barter) of property or 
        services for the direct benefit or use of the United States 
        Government. Such term does not include a cooperative agreement 
        (as such term is used in section 6305 of title 31, United 
        States Code) or a cooperative research and development 
        agreement (as such term is defined in section 12(d)(1) of the 
        Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 
        3710a(d)(1))).

SEC. 10. NOTICE.

    (a) Notice of Reprogramming.--If any funds authorized by this Act 
are subject to a reprogramming 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.--The Secretary of Commerce 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 National Institute of Standards and Technology.

SEC. 11. SENSE OF CONGRESS ON THE YEAR 2000 PROBLEM.

    With the year 2000 fast approaching, it is the sense of 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;
            (2) assess immediately the extent of the risk to the 
        operations of the Institute posed by the problems referred to 
        in paragraph (1), and plan and budget for achieving Year 2000 
        compliance for all of its mission-critical systems; and
            (3) develop contingency plans for those systems that the 
        Institute is unable to correct in time.

SEC. 12. BUY AMERICAN.

    (a) Compliance With Buy American Act.--No funds appropriated 
pursuant to this Act may be expended by an entity unless the entity 
agrees that in expending the assistance the entity will comply with 
sections 2 through 4 of the Act of March 3, 1933 (41 U.S.C. 10a-10c, 
popularly known as the ``Buy American Act'').
    (b) Sense of Congress.--In the case of any equipment or products 
that may be authorized to be purchased with financial assistance 
provided under this Act, it is the sense of Congress that entities 
receiving such assistance should, in expending the assistance, purchase 
only American-made equipment and products.
    (c) Notice to Recipients of Assistance.--In providing financial 
assistance under this Act, the Secretary of Commerce shall provide to 
each recipient of the assistance a notice describing the statement made 
in subsection (a) by the Congress.

            Passed the House of Representatives April 24, 1997.

            Attest:

                                                ROBIN H. CARLE,

                                                                 Clerk.