[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1325 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                S. 1325

 To authorize appropriations for the Technology Administration of the 
 Department of Commerce for fiscal years 1998 and 1999, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 28, 1997

 Mr. Frist (for himself, Mr. Rockefeller, Mr. Burns, and Mr. Hollings) 
introduced the following bill; which was read twice and referred to the 
           Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
 To authorize appropriations for the Technology Administration of the 
 Department of Commerce 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 ``Technology Administration 
Authorization Act for Fiscal Years 1998 and 1999''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Director.--The term ``Director'' means the Director of 
        the National Institute of Standards and Technology.
            (2) Major reorganization.--With respect to the National 
        Institute of Standards and Technology, the term ``major 
        reorganization'' means any reorganization of the Institute that 
        involves the reassignment of more than 25 percent of the 
        employees of the National Institute of Standards and 
        Technology.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Commerce.

SEC. 3. AUTHORIZATION OF APPROPRIATIONS FOR SCIENTIFIC AND TECHNICAL 
              RESEARCH AND SERVICES.

    (a) Laboratory Activities.--There are authorized to be appropriated 
to the Department of Commerce for use by the Secretary of Commerce for 
the Scientific and Technical Research and Services laboratory 
activities of the National Institute of Standards and Technology--
            (1) $278,352,000 for fiscal year 1998; and
            (2) $287,658,000 for fiscal year 1999.
    (b) Construction and Maintenance.--
            (1) In general.--There are authorized to be appropriated to 
        the Department of Commerce for use by 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) Prohibition.--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 
        Commerce, Science, and Transportation of the Senate and the 
        Committee on Science of the House of Representatives that the 
        obligation of funds is consistent with a plan for meeting the 
        needs of the facilities of the National Institute of Standards 
        and Technology that the Secretary has transmitted to those 
        committees.

SEC. 4. AUTHORIZATION OF APPROPRIATIONS FOR THE OFFICE OF THE UNDER 
              SECRETARY FOR TECHNOLOGY.

    There are authorized to be appropriated to the Department of 
Commerce for use by the Secretary of Commerce for the activities of the 
Under Secretary for Technology, the Office of Technology Policy, and 
the Office of Air and Space Commercialization (as established under 
section 15 of this Act)--
            (1) $9,230,000 for fiscal year 1998; and
            (2) $10,807,400 for fiscal year 1999.

SEC. 5. AUTHORIZATION OF APPROPRIATIONS FOR INDUSTRIAL TECHNOLOGY 
              SERVICES.

    There are authorized to be appropriated to the Department of 
Commerce for use by the Secretary of Commerce for the industrial 
technology services activities of the National Institute of Standards 
and Technology--
            (1) $309,040,000 for fiscal year 1998, of which--
                    (A) $198,000,000 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) $111,040,000 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) $318,371,000 for fiscal year 1999, of which--
                    (A) $204,000,000 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) $114,371,000 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. 6. 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) in subsection (d)--
                    (A) in paragraph (1)--
                            (i) by inserting ``(A)'' after ``(1)'';
                            (ii) 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
                            (iii) by adding at the end the following:
            ``(B) Each applicant for a contract or award under the 
        Program shall certify that the applicant has made an effort to 
        secure private market funding for the research project 
        involved. That certification shall include a written narrative 
        description of the efforts made by the applicant to secure that 
        funding.''; and
                    (B) by adding at the end the following:
            ``(12) A large business may participate in a research 
        project that is the subject of a contract or award under 
        paragraph (3) only as a member of a joint venture that includes 
        1 or more small businesses as members.'';
            (2) in subsection (j)--
                    (A) by striking ``and'' at the end of paragraph 
                (1);
                    (B) by redesignating paragraph (2) as paragraph 
                (5); and
                    (C) by inserting after paragraph (1) the following:
            ``(2) the term `large business' means a business that--
                    ``(A) is not a small business; and
                    ``(B) has gross annual revenues in an amount 
                greater than $2,500,000,000;
            ``(3) the term `medium business' means a business that--
                    ``(A) is not a small business; and
                    ``(B) has gross annual revenues in an amount less 
                than or equal to $2,500,000,000;
            ``(4) the term `small business' means a small business 
        concern, as described in section 3(a)(1) of the Small Business 
        Act (15 U.S.C. 632(a)(1)); and'';
            (3) by redesignating subsection (j) as subsection (m); and
            (4) by inserting after subsection (i) the following:
    ``(j) Notwithstanding subsection (b)(1)(B) and subsection (d)(3), 
the Director may grant an extension beyond the applicable deadline 
specified in subsection (b)(1)(B) or (d)(3) for a joint venture or 
single applicant recipient of assistance to expend Federal funds to 
complete the project assisted with that assistance, if that extension--
            ``(1) is granted with no additional cost to the Federal 
        Government; and
            ``(2) is in the interest of the Federal Government.
    ``(k)(1) The Secretary, acting through the Director, may vest title 
to tangible personal property in any recipient of financial assistance 
under this section if--
            ``(A) the property is purchased with funds provided under 
        this section; and
            ``(B) the Secretary, acting through the Director, 
        determines that the vesting of such property furthers the 
        objectives of the Institute.
    ``(2) Vesting under this subsection shall--
            ``(A) be subject to such limitations as are prescribed by 
        the Secretary, acting through the Director; and
            ``(B) be made without further obligation to the United 
        States Government.
    ``(l) In carrying out this section, the Secretary, acting through 
the Director, shall ensure that the requirements of Circular No. A-110 
issued by the Office of Management and Budget are met with respect to 
the valuation of cost-share items used by participants in the 
Program.''.
    (b) Additional Amendment.--
            (1) In general.--Section 28(d)(11)(A) of the National 
        Institute of Standards and Technology Act (15 U.S.C. 
        278n(d)(11)(A)) is amended by striking the period at the end of 
        the first sentence and inserting the following: ``or any other 
        university or nonprofit awardee or subawardee (as those terms 
        are defined by the Secretary) receiving financial assistance 
        under this section, as agreed by the parties, notwithstanding 
        the requirements of chapter 18 of title 35, United States 
        Code.''.
            (2) Applicability.--The amendment made by this subsection 
        shall apply only with respect to assistance for which 
        solicitations for proposals are made after the date of 
        enactment of this Act.

SEC. 7. 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 ``. After the sixth year, a Center may receive additional 
financial support under this section if that Center has received a 
positive evaluation through a review, under procedures and criteria 
established by the Institute. The review referred to in the preceding 
sentence shall be required not later than 2 years after the sixth year, 
and not less frequently than every 2 years thereafter. The funding 
received by a Center for a fiscal year under this section after the 
sixth year of operation shall be for capital and annual operating 
expenses and maintenance costs. The proportion of funding that the 
Center receives after the sixth year of operation from funds made 
available to carry out this section for the costs referred to in the 
preceding sentence shall not exceed the proportion of that funding 
received by the Center for each of those costs during the sixth year of 
operation of the Center.''.

SEC. 8. MALCOLM BALDRIGE NATIONAL QUALITY AWARD.

    Section 17(c)(1) of the Stevenson-Wydler Technology Innovation Act 
of 1980 (15 U.S.C. 3711a(c)(1)) is amended by adding at the end the 
following:
                    ``(D) Health care providers.
                    ``(E) Education providers.''.

SEC. 9. NEXT GENERATION INTERNET.

    (a) In General.--Except as provided in subsection (b), none of the 
funds authorized by this Act, or any other Act enacted before the date 
of enactment of this Act, may be used for the programs and activities 
for the Internet project known as the ``Next Generation Internet''.
    (b) Exception.--Notwithstanding subsection (a), funds described in 
that subsection may be used for the continuation of programs and 
activities related to Next Generation Internet that were funded and 
carried out during fiscal year 1997.

SEC. 10. NOTICE.

    (a) Notice of Reprogramming.--If any funds appropriated pursuant to 
the amendments made by this Act are subject to a reprogramming action 
that requires notice to be provided to the Committees on Appropriations 
of the Senate and the House of Representatives, notice of that action 
shall concurrently be provided to the Committee on Commerce, Science, 
and Transportation of the Senate and the Committee on Science of the 
House of Representatives.
    (b) Notice of Reorganization.--Not later than 15 days before any 
major reorganization of any program, project, or activity of the 
National Institute of Standards and Technology, the Director shall 
provide notice to the Committees on Commerce, Science, and 
Transportation and Appropriations of the Senate and the Committees on 
Science and Appropriations of the House of Representatives.

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

    With the year 2000 rapidly approaching, it is the sense of Congress 
that the Director should--
            (1) give high priority to correcting all 2-digit date-
        related problems in the computer systems of the National 
        Institute of Standards and Technology to ensure that those 
        systems continue to operate effectively in the year 2000 and in 
        subsequent years;
            (2) as soon as practicable after the date of enactment of 
        this Act, assess the extent of the risk to the operations of 
        the National Institute of Standards and Technology posed by the 
        problems referred to in paragraph (1), and plan and budget for 
        achieving compliance for all of the mission-critical systems of 
        the system by the year 2000; and
            (3) develop contingency plans for those systems that the 
        National Institute of Standards and Technology is unable to 
        correct by the year 2000.

SEC. 12. ENHANCEMENT OF SCIENCE AND MATHEMATICS PROGRAMS.

    (a) Definitions.--In this section--
            (1) Educationally useful federal equipment.--The term 
        ``educationally useful Federal equipment'' means computers and 
        related peripheral tools and research equipment that is 
        appropriate for use in schools.
            (2) School.--The term ``school'' means a public or private 
        educational institution that serves any of the grades of 
        kindergarten through grade 12.
    (b) Sense of Congress.--
            (1) In general.--It is the sense of Congress that the 
        Director should, to the greatest extent practicable and in a 
        manner consistent with applicable Federal law (including 
        Executive Order No. 12999), donate educationally useful Federal 
        equipment to schools in order to enhance the science and 
        mathematics programs of those schools.
            (2) Reports.--
                    (A) In general.--Not later than 1 year after the 
                date of enactment of this Act, and annually thereafter, 
                the Director shall prepare and submit to the President 
                a report. The President shall submit the report to 
                Congress at the same time as the President submits 
a budget request to Congress under section 1105(a) of title 31, United 
States Code.
                    (B) Contents of report.--The report prepared by the 
                Director under this paragraph shall describe any 
                donations of educationally useful Federal equipment to 
                schools made during the period covered by the report.

SEC. 13. TEACHER SCIENCE AND TECHNOLOGY ENHANCEMENT INSTITUTE PROGRAM.

    (a) In General.--The National Institute of Standards and Technology 
Act (15 U.S.C. 271 et seq.) is amended by inserting after section 19 
the following:
    ``Sec. 19A. (a) The Director shall establish within the Institute a 
teacher science and technology enhancement program.
    ``(b) The purpose of the program under this section shall be to 
provide for professional development of mathematics and science 
teachers of elementary, middle, and secondary schools (as those terms 
are defined by the Director), including providing for the improvement 
of those teachers with respect to the teaching of science--
            ``(1) teaching strategies;
            ``(2) self-confidence; and
            ``(3) the understanding of science and the impacts of 
        science on commerce.
    ``(c) In carrying out the program under this section, the Director 
shall focus on the areas of--
            ``(1) scientific measurements;
            ``(2) tests and standards development;
            ``(3) industrial competitiveness and quality;
            ``(4) manufacturing;
            ``(5) technology transfer; and
            ``(6) any other area of expertise of the Institute that the 
        Director determines to be appropriate.
    ``(d) The Director shall develop and issue procedures and selection 
criteria for participants in the program. Each such participant shall 
be a teacher described in subsection (b).
    ``(e) The Director shall issue awards under the program to 
participants. In issuing the awards, the Director shall ensure that the 
maximum number of participants practicable participate in the program. 
In order to ensure a maximum level of participation of participants, 
the program under this section shall be conducted on an annual basis 
during the summer months, during the period of time when a majority of 
elementary, middle, and secondary schools have not commenced a school 
year.
    ``(f) The program shall provide for teachers participation in 
activities at the Institute laboratory facilities of the Institute.''.
    (b) Availability of Funds.--The following amounts of the funds made 
available by appropriations pursuant to section 3(a) shall be used to 
carry out the teacher science and technology enhancement program under 
section 19A of the National Institute of Standards and Technology, as 
added by subsection (a) of this section:
            (1) $1,500,000 for fiscal year 1998.
            (2) $2,500,000 for fiscal year 1999.

SEC. 14. JOINT STUDY BY THE NATIONAL ACADEMY OF SCIENCE AND THE 
              NATIONAL ACADEMY OF ENGINEERING.

    (a) In General.--
            (1) Contract.--Not later than 90 days after the date of 
        enactment of this Act, the Secretary of Commerce shall enter 
        into a contract with the National Academy of Science and the 
        National Academy of Engineering to provide for a joint study to 
        be conducted by those academies under this section.
            (2) Rule of construction.--Nothing in this subsection shall 
        be construed to apply the Federal Advisory Committee Act (5 
        U.S.C. App.) to the National Academy of Science or the National 
        Academy of Engineering.
    (b) Study Panel.--In carrying out the study under this section, the 
appropriate officials of the National Academy of Science and the 
National Academy of Engineering shall establish a study panel. The 
members appointed to the study panel shall include--
            (1) industry and labor leaders;
            (2) entrepreneurs;
            (3) individuals who--
                    (A) have previously served as government officials; 
                and
                    (B) have recognized expertise and experience with 
                respect to civilian research and technology; and
            (4) individuals with recognized expertise and experience 
        with respect to science and technology, including individuals 
        who have had experience working with or for a Federal 
        laboratory.
    (c) Contents of Study.--The study conducted under this section 
shall--
            (1) provide for a thorough review of the effectiveness of 
        the Advanced Technology Program (referred to in this section as 
        the ``Program'') under section 28 of the National Institute of 
        Standards and Technology Act (15 U.S.C. 278n);
            (2) carry out a root cause analysis to determine--
                    (A) which aspects of the Program have been 
                effective in stimulating the development of technology; 
                and
                    (B) strategies used to conduct the Program that 
                have failed; and
            (3) examine alternative approaches to accomplish the 
        purposes of the Program.
    (d) Report.--Not later than 1 year after the Secretary of Commerce 
enters into contracts under subsection (a) for the conduct of the joint 
study under this section, the study panel established under subsection 
(b) shall prepare, and submit to the Secretary of Commerce, for 
transmittal to the President and Congress, a study that includes the 
findings of the panel with respect to the results of the study.

SEC. 15. OFFICE OF AIR AND SPACE COMMERCIALIZATION.

    (a) Establishment.--There is established within the Department of 
Commerce an Office of Air and Space Commercialization (referred to in 
this section as the ``Office'').
    (b) Director.--The Office shall be headed by a Director, who shall 
be a senior executive and shall be compensated at a level in the Senior 
Executive Service under section 5382 of title 5, United States Code, as 
determined by the Secretary of Commerce.
    (c) Functions of the Office; Duties of the Director.--The Office 
shall be the principal unit for the coordination of space-related 
issues, programs, and initiatives within the Department of Commerce. 
The primary responsibilities of the Director, in carrying out the 
functions of the Office, shall include--
            (1) promoting commercial provider investment in space 
        activities by collecting, analyzing, and disseminating 
        information on space markets, and conducting workshops and 
        seminars to increase awareness of commercial space 
        opportunities;
            (2) assisting United States commercial providers in the 
        efforts of those providers to conduct business with the United 
        States Government;
            (3) acting as an industry advocate within the executive 
        branch of the Federal Government to ensure that the Federal 
        Government meets the space-related requirements of the Federal 
        Government, to the fullest extent feasible, with respect to 
        commercially available space goods and services;
            (4) ensuring that the United States Government does not 
        compete with United States commercial providers in the 
        provision of space hardware and services otherwise available 
        from United States commercial providers;
            (5) promoting the export of space-related goods and 
        services;
            (6) representing the Department of Commerce in the 
        development of United States policies and in negotiations with 
        foreign countries to ensure free and fair trade internationally 
        in the area of space commerce; and
            (7) seeking the removal of legal, policy, and institutional 
        impediments to space commerce.

SEC. 16. EXPERIMENTAL PROGRAM TO STIMULATE COMPETITIVE TECHNOLOGY.

    (a) In General.--Section 5 of the Stevenson Wydler Technology 
Innovation Act of 1980 (15 U.S.C. 3704) is amended by adding at the end 
the following:
    ``(f) Experimental Program To Stimulate Competitive Technology.--
            ``(1) In general.--The Secretary, acting through the Under 
        Secretary, shall establish a program to be known as the 
        Experimental Program to Stimulate Competitive Technology 
        (referred to in this subsection as the `program'). The purpose 
        of the program shall be to strengthen the technological 
        competitiveness of those States that have historically received 
        less Federal research and development funds than those received 
        by a majority of the States.
            ``(2) Arrangements.--In carrying out the program, the 
        Secretary, acting through the Under Secretary, shall--
                    ``(A) enter into such arrangements as may be 
                necessary to provide for the coordination of the 
                program through the State committees established under 
                the Experimental Program to Stimulate Competitive 
                Research of the National Science Foundation; and
                    ``(B) cooperate with--
                            ``(i) any State science and technology 
                        council established under the program under 
                        subparagraph (A); and
                            ``(ii) representatives of small business 
                        firms and other appropriate technology-based 
                        businesses.
            ``(3) Grants.--In carrying out the program, the Secretary, 
        acting through the Under Secretary, may make grants or enter 
        into cooperative agreements to provide, for--
                    ``(A) technology research and development;
                    ``(B) technology transfer from university research;
                    ``(C) technology deployment and diffusion; and
                    ``(D) the strengthening of technological 
                capabilities through consortia comprised of--
                            ``(i) technology-based small business 
                        firms;
                            ``(ii) industries and emerging companies;
                            ``(iii) universities; and
                            ``(iv) State and local development agencies 
                        and entities.
            ``(4) Requirements for making awards.--
                    ``(A) In general.--In making grant awards under 
                this subsection, the Secretary, acting through the 
                Under Secretary, shall ensure that the awards are 
                awarded on a competitive basis that includes a review 
                of the merits of the activities that are the subject of 
                the award.
                    ``(B) Matching requirement.--The non-Federal share 
                of the activities (other than planning activities) 
                carried out under a grant under this subsection shall 
                be not less than 25 percent of the cost of those 
                activities.
            ``(5) Criteria for states.--With respect to States that 
        participate in the program, the Secretary, acting through the 
        Under Secretary, shall establish criteria for achievement by 
        each State that participates in the program. Upon the 
        achievement of all such criteria, a State shall cease to be 
        eligible to participate in the program.
            ``(6) Coordination.--To the extent practicable, in carrying 
        out this section, the Secretary, acting through the Under 
        Secretary, shall coordinate the program with other programs of 
        the Department of Commence.
            ``(7) Report.--
                    ``(A) In general.--Not later than 90 days after the 
                date of enactment of the Technology Administration 
                Authorization Act for Fiscal Years 1998 and 1999, the 
                Under Secretary shall prepare and submit a report that 
                meets the requirements of this paragraph to the 
                Secretary. Upon receipt of the report, the Secretary 
                shall transmit a copy of the report to the Committee on 
                Commerce, Science, and Transportation of the Senate and 
                the Committee on Science of the House of 
                Representatives.
                    ``(B) Requirements for report.--The report prepared 
                under this paragraph shall contain with respect to the 
                program--
                            ``(i) a description of the structure and 
                        procedures of the program;
                            ``(ii) a management plan for the program;
                            ``(iii) a description of the merit-based 
                        review process to be used in the program;
                            ``(iv) milestones for the evaluation of 
                        activities to be assisted under the program in 
                        each of fiscal years 1998 and 1999;
                            ``(v) an assessment of the eligibility of 
                        each State that participates in the 
                        Experimental Program to Stimulate Competitive 
                        Research of the National Science Foundation to 
                        participate in the program under this 
                        subsection; and
                            ``(vi) the evaluation criteria with respect 
                        to which the overall management and 
                        effectiveness of the program will be evaluated 
                        pursuant to paragraph (8).
            ``(8) Evaluation.--Not earlier than the date that is 4 
        years after the date on which the program is established, the 
        Secretary, acting through the Under Secretary, shall carry out 
        an evaluation of the program. In carrying out the evaluation 
        the Secretary, acting through the Under Secretary, shall apply 
        the criteria described in paragraph (7)(B)(vi).''.
    (b) Funding.--Of the amounts made available by appropriations 
pursuant to section 4--
            (1) for fiscal year 1998, $1,650,000 shall be used to carry 
        out the Experimental Program to Stimulate Competitive 
        Technology established under section 5(f) of the Stevenson 
        Wydler Technology Innovation Act of 1980, as added by 
        subsection (a) of this section; and
            (2) for fiscal year 1999, $3,000,000 shall be used to carry 
        out the program referred to in paragraph (1).
                                 <all>