[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1407 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                S. 1407

 To authorize appropriations for the Technology Administration of the 
 Department of Commerce for fiscal years 2000, 2001, and 2002, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 21, 1999

   Mr. Frist 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 2000, 2001, and 2002, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION L. SHORT TITLE.

    This Act may be cited as the ``Technology Administration 
Authorization Act for Fiscal Years 2000, 2001, and 2002''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Director.--The term ``Director'' means the Director of 
        the National Institute of Standards and Technology.
            (2) 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) $289,622,000 for fiscal year 2000;
            (2) $305,551,000 for fiscal year 2001; and
            (3) $322,356,000 for fiscal year 2002.
    (b) Construction and Maintenance.--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--
            (1) $106,798,000 for fiscal year 2000;
            (2) $31,800,000 for fiscal year 2001; and
            (3) $16,800,000 for fiscal year 2002.

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

    (a) Office of Technology Policy.--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 and 
the Office of Technology Policy--
            (1) $8,442,000 for fiscal year 2000;
            (2) $8,695,000 for fiscal year 2001; and
            (3) $8,956,000 for fiscal year 2002.
    (b) Office of Space Commercialization.--There are authorized to be 
appropriated to the Department of Commerce for use by the Secretary of 
Commerce for the activities of the Office of Space Commercialization--
            (1) $530,000 for fiscal year 2000;
            (2) $550,000 for fiscal year 2001; and
            (3) $570,000 for fiscal year 2002.

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) $316,405,000 for fiscal year 2000, of which--
                    (A) $209,605,000 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) $106,800,000 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) $322,693,000 for fiscal year 2001, of which--
                    (A) $215,893,000 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) $106,800,000 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).
            (3) $329,170,000 for fiscal year 2002, of which--
                    (A) $222,370,000 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) $106,800,000 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).

SEC. 6. AUTHORIZATION OF APPROPRIATIONS FOR NATIONAL TECHNICAL 
              INFORMATION SERVICES.

    (a) In General.--There are authorized to be appropriated for the 
National Technical Information Service $2,000,000 for fiscal year 2000, 
to partially fund expenses related to the collection, input processing, 
and preservation of scientific and technical information, to remain 
available until expended.
    (b) Submission of Plan.--None of the funds authorized by subsection 
(a) may be obligated until the Secretary has submitted a plan on the 
future of NTIS to the Senate Committee on Commerce, Science, and 
Transportation, and the Committee on Science of the House of 
Representatives. The plan shall address--
            (1) whether the Service should be abolished;
            (2) whether the Service's mission should be modified to 
        include new information technology-related services and 
        products to other agencies as well as to the public;
            (3) any reorganizations required to achieve either the 
        current mission, or a newly defined or a modified mission for 
        the Service;
            (4) whether there should be annual appropriations to 
        continue operations; and
            (5) what changes in existing law would be necessary to 
        support any recommendations made in the plan.

SEC. 7. 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.
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.
    ``(l) Awards Based on Competition.--All amounts appropriated for 
grants under subsection (b) for fiscal years beginning after the date 
of enactment of the Technology Administration Authorization Act for 
Fiscal Years 2000, 2001, and 2002 shall be used for grants awarded on 
the basis of general open competition.''.
    (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. 8. REPORTS.

    (a) Status of Manufacturing Sector.--Within 6 months after the 
enactment of this Act, the Director shall submit a report to the 
Committee on Commerce, Science, and Transportation of the Senate and 
the Committee on Science of the House of Representatives on the 
following issues concerning the manufacturing sector:
            (1) An expanded definition of manufacturing in the digital 
        age.
            (2) The role of the manufacturing sector in the digital 
        age.
            (3) Any legislative revisions to existing Federal programs, 
        such as Manufacturing Extension Program, to reflect 
        requirements imposed on the manufacturing sector by the 
        knowledge-based economy.
            (4) Needs for technical assistance for small businesses, in 
        coordination with existing efforts from state and local 
        governments and the Experimental Program to Stimulate 
        Competitive Technology program.
    (b) National Laboratories.--The Assistant Secretary for Technology 
Policy, in consultation with the Office of Science and Technology 
Policy and the Secretary of Energy, shall, within 9 months after 
enactment of this Act, submit a report to the Senate Committee on 
Commerce, Science, and Transportation and the House of Representatives 
Committee on Science on the following issues concerning the national 
laboratories:
            (1) Whether the laboratories have clearly defined and 
        focused missions that are distinct from one another.
            (2) The existence of barriers in establishing and retaining 
        resources to maintain competitive centers of excellence at the 
        laboratories.
            (3) The extent to which the laboratories collaborate with 
        one another on research programs with industry.
            (4) The specific actions that can be taken in the short 
        term to strengthen the national laboratories technically and 
        technologically.
            (5) Any specific recommendations to increase the efficiency 
        and effectiveness of the national laboratories in the long 
        term, including systemic changes whether new or previously 
        proposed.
    (c) Technical Standards.--The Director, in consultation with the 
United States Trade Representative and any other appropriate agencies, 
shall submit a report to the Senate Committee on Commerce, Science, and 
Transportation and the House of Representatives Committee on Science 
within 6 months after the enactment of this Act on the following issues 
concerning technical standards:
            (1) The role and impact of international technical 
        standards on global commerce and international trade.
            (2) The role of national standards, including their use as 
        barriers, in international commerce and trade policies.
            (3) The timeliness of the domestic and international 
        standards process and its impact on the development of new 
        markets and new technologies, including the use of technical 
        draft standards to accommodate the fast pace of change in 
        market environment and technologies.
            (4) Market, industry, and technology input into the 
        standards process.
            (5) Open and fair access in representation to the domestic 
        and international standards process.
            (6) Any recommendation for changes to the domestic 
        standards process.
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