II

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Technology Adminis5 tration Authorization Act for Fiscal Years 1998 and

6 1999’’.

7 SEC. 2. DEFINITIONS.

8 In this Act:
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1 (1) DIRECTOR.—The term ‘‘Director’’ means

2 the Director of the National Institute of Standards

3 and Technology.

4 (2) MAJOR REORGANIZATION.—With respect to

5 the National Institute of Standards and Technology,

6 the term ‘‘major reorganization’’ means any reorga7 nization of the Institute that involves the reassign8 ment of more than 25 percent of the employees of

9 the National Institute of Standards and Technology.

10 (3) SECRETARY.—The term ‘‘Secretary’’ means

11 the Secretary of Commerce.

12 SEC. 3. AUTHORIZATION OF APPROPRIATIONS FOR SCI13 ENTIFIC AND TECHNICAL RESEARCH AND

14 SERVICES.

15 (a) LABORATORY ACTIVITIES.—There are authorized

16 to be appropriated to the Department of Commerce for

17 use by the Secretary of Commerce for the Scientific and

18 Technical Research and Services laboratory activities of

19 the National Institute of Standards and Technology—

20 (1) $278,352,000 for fiscal year 1998; and

21 (2) $287,658,000 for fiscal year 1999.

22 (b) CONSTRUCTION AND MAINTENANCE.—

23 (1) IN GENERAL.—There are authorized to be

24 appropriated to the Department of Commerce for

25 use by the Secretary of Commerce for construction
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1 and maintenance of facilities of the National Insti2 tute of Standards and Technology—

3 (A) $16,692,000 for fiscal year 1998; and

4 (B) $67,000,000 for fiscal year 1999.

5 (2) PROHIBITION.—None of the funds author6 ized by paragraph (1)(B) for construction of facili7 ties may be obligated unless the Secretary of Com8 merce has certified to the Committee on Commerce,

9 Science, and Transportation of the Senate and the

10 Committee on Science of the House of Representa11 tives that the obligation of funds is consistent with

12 a plan for meeting the needs of the facilities of the

13 National Institute of Standards and Technology that

14 the Secretary has transmitted to those committees.

15 SEC. 4. AUTHORIZATION OF APPROPRIATIONS FOR THE OF16 FICE OF THE UNDER SECRETARY FOR TECH17 NOLOGY.

18 There are authorized to be appropriated to the De19 partment of Commerce for use by the Secretary of Com20 merce for the activities of the Under Secretary for Tech21 nology, the Office of Technology Policy, and the Office of

22 Air and Space Commercialization (as established under

23 section 15 of this Act)—

24 (1) $9,230,000 for fiscal year 1998; and

25 (2) $10,807,400 for fiscal year 1999.
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1 SEC. 5. AUTHORIZATION OF APPROPRIATIONS FOR INDUS2 TRIAL TECHNOLOGY SERVICES.

3 There are authorized to be appropriated to the De4 partment of Commerce for use by the Secretary of Com5 merce for the industrial technology services activities of

6 the National Institute of Standards and Technology—

7 (1) $309,040,000 for fiscal year 1998, of

8 which—

9 (A) $198,000,000 shall be for the Ad10 vanced Technology Program under section 28

11 of the National Institute of Standards and

12 Technology Act (15 U.S.C. 278n); and

13 (B) $111,040,000 shall be for the manu14 facturing extension partnerships program under

15 sections 25 and 26 of the National Institute of

16 Standards and Technology Act (15 U.S.C. 278k

17 and 278l); and

18 (2) $318,371,000 for fiscal year 1999, of

19 which—

20 (A) $204,000,000 shall be for the Ad21 vanced Technology Program under section 28

22 of the National Institute of Standards and

23 Technology Act (15 U.S.C. 278n); and

24 (B) $114,371,000 shall be for the manu25 facturing extension partnerships program under

26 sections 5 and 26 of the National Institute of
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1 Standards and Technology Act (15 U.S.C. 278k

2 and 278l).

3 SEC. 6. NATIONAL INSTITUTE OF STANDARDS AND TECH4 NOLOGY ACT AMENDMENTS.

5 (a) AMENDMENTS.—Section 28 of the National Insti6 tute of Standards and Technology Act (15 U.S.C. 278n)

7 is amended—

8 (1) in subsection (d)—

9 (A) in paragraph (1)—

10 (i) by inserting ‘‘(A)’’ after ‘‘(1)’’;

11 (ii) by inserting ‘‘and be of a nature

12 and scope that would not be pursued in a

13 timely manner without Federal assistance’’

14 after ‘‘technical merit’’; and

15 (iii) by adding at the end the follow16 ing:

17 ‘‘(B) Each applicant for a contract or award

18 under the Program shall certify that the applicant

19 has made an effort to secure private market funding

20 for the research project involved. That certification

21 shall include a written narrative description of the

22 efforts made by the applicant to secure that fund23 ing.’’; and

24 (B) by adding at the end the following:
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1 ‘‘(12) A large business may participate in a re2 search project that is the subject of a contract or

3 award under paragraph (3) only as a member of a

4 joint venture that includes 1 or more small busi5 nesses as members.’’;

6 (2) in subsection (j)—

7 (A) by striking ‘‘and’’ at the end of para8 graph (1);

9 (B) by redesignating paragraph (2) as

10 paragraph (5); and

11 (C) by inserting after paragraph (1) the

12 following:

13 ‘‘(2) the term ‘large business’ means a business

14 that—

15 ‘‘(A) is not a small business; and

16 ‘‘(B) has gross annual revenues in an

17 amount greater than $2,500,000,000;

18 ‘‘(3) the term ‘medium business’ means a busi19 ness that—

20 ‘‘(A) is not a small business; and

21 ‘‘(B) has gross annual revenues in an

22 amount less than or equal to $2,500,000,000;

23 ‘‘(4) the term ‘small business’ means a small

24 business concern, as described in section 3(a)(1) of

25 the Small Business Act (15 U.S.C. 632(a)(1)); and’’;
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1 (3) by redesignating subsection (j) as sub2 section (m); and

3 (4) by inserting after subsection (i) the follow4 ing:

5 ‘‘(j) Notwithstanding subsection (b)(1)(B) and sub6 section (d)(3), the Director may grant an extension be7 yond the applicable deadline specified in subsection

8 (b)(1)(B) or (d)(3) for a joint venture or single applicant

9 recipient of assistance to expend Federal funds to com10 plete the project assisted with that assistance, if that ex11 tension—

12 ‘‘(1) is granted with no additional cost to the

13 Federal Government; and

14 ‘‘(2) is in the interest of the Federal Govern15 ment.

16 ‘‘(k)(1) The Secretary, acting through the Director,

17 may vest title to tangible personal property in any recipi18 ent of financial assistance under this section if—

19 ‘‘(A) the property is purchased with funds pro20 vided under this section; and

21 ‘‘(B) the Secretary, acting through the Direc22 tor, determines that the vesting of such property

23 furthers the objectives of the Institute.

24 ‘‘(2) Vesting under this subsection shall—
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1 ‘‘(A) be subject to such limitations as are pre2 scribed by the Secretary, acting through the Direc3 tor; and

4 ‘‘(B) be made without further obligation to the

5 United States Government.

6 ‘‘(l) In carrying out this section, the Secretary, acting

7 through the Director, shall ensure that the requirements

8 of Circular No. A–110 issued by the Office of Manage9 ment and Budget are met with respect to the valuation

10 of cost-share items used by participants in the Program.’’.

11 (b) ADDITIONAL AMENDMENT.—

12 (1) IN GENERAL.—Section 28(d)(11)(A) of the

13 National Institute of Standards and Technology Act

14 (15 U.S.C. 278n(d)(11)(A)) is amended by striking

15 the period at the end of the first sentence and in16 serting the following: ‘‘or any other university or

17 nonprofit awardee or subawardee (as those terms

18 are defined by the Secretary) receiving financial as19 sistance under this section, as agreed by the parties,

20 notwithstanding the requirements of chapter 18 of

21 title 35, United States Code.’’.

22 (2) APPLICABILITY.—The amendment made by

23 this subsection shall apply only with respect to as24 sistance for which solicitations for proposals are

25 made after the date of enactment of this Act.
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1 SEC. 7. MANUFACTURING EXTENSION PARTNERSHIP PRO2 GRAM CENTER EXTENSION.

3 Section 25(c)(5) of the National Institute of Stand4 ards and Technology Act (15 U.S.C. 278k(c)(5)) is

5 amended by striking ‘‘, which are designed’’ and all that

6 follows through ‘‘operation of a Center.’’ and inserting ‘‘.

7 After the sixth year, a Center may receive additional fi8 nancial support under this section if that Center has re9 ceived a positive evaluation through a review, under proce10 dures and criteria established by the Institute. The review

11 referred to in the preceding sentence shall be required not

12 later than 2 years after the sixth year, and not less fre13 quently than every 2 years thereafter. The funding re14 ceived by a Center for a fiscal year under this section after

15 the sixth year of operation shall be for capital and annual

16 operating expenses and maintenance costs. The proportion

17 of funding that the Center receives after the sixth year

18 of operation from funds made available to carry out this

19 section for the costs referred to in the preceding sentence

20 shall not exceed the proportion of that funding received

21 by the Center for each of those costs during the sixth year

22 of operation of the Center.’’.

23 SEC. 8. MALCOLM BALDRIGE NATIONAL QUALITY AWARD.

24 Section 17(c)(1) of the Stevenson-Wydler Technology

25 Innovation Act of 1980 (15 U.S.C. 3711a(c)(1)) is amend26 ed by adding at the end the following:
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1 ‘‘(D) Health care providers.

2 ‘‘(E) Education providers.’’.

3 SEC. 9. NEXT GENERATION INTERNET.

4 (a) IN GENERAL.—Except as provided in subsection

5 (b), none of the funds authorized by this Act, or any other

6 Act enacted before the date of enactment of this Act, may

7 be used for the programs and activities for the Internet

8 project known as the ‘‘Next Generation Internet’’.

9 (b) EXCEPTION.—Notwithstanding subsection (a),

10 funds described in that subsection may be used for the

11 continuation of programs and activities related to Next

12 Generation Internet that were funded and carried out dur13 ing fiscal year 1997.

14 SEC. 10. NOTICE.

15 (a) NOTICE OF REPROGRAMMING.—If any funds ap16 propriated pursuant to the amendments made by this Act

17 are subject to a reprogramming action that requires notice

18 to be provided to the Committees on Appropriations of the

19 Senate and the House of Representatives, notice of that

20 action shall concurrently be provided to the Committee on

21 Commerce, Science, and Transportation of the Senate and

22 the Committee on Science of the House of Representa23 tives.

24 (b) NOTICE OF REORGANIZATION.—Not later than

25 15 days before any major reorganization of any program,
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1 project, or activity of the National Institute of Standards

2 and Technology, the Director shall provide notice to the

3 Committees on Commerce, Science, and Transportation

4 and Appropriations of the Senate and the Committees on

5 Science and Appropriations of the House of Representa6 tives.

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

8 With the year 2000 rapidly approaching, it is the

9 sense of Congress that the Director should—

10 (1) give high priority to correcting all 2-digit

11 date-related problems in the computer systems of

12 the National Institute of Standards and Technology

13 to ensure that those systems continue to operate ef14 fectively in the year 2000 and in subsequent years;

15 (2) as soon as practicable after the date of en16 actment of this Act, assess the extent of the risk to

17 the operations of the National Institute of Standards

18 and Technology posed by the problems referred to in

19 paragraph (1), and plan and budget for achieving

20 compliance for all of the mission-critical systems of

21 the system by the year 2000; and

22 (3) develop contingency plans for those systems

23 that the National Institute of Standards and Tech24 nology is unable to correct by the year 2000.
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1 SEC. 12. ENHANCEMENT OF SCIENCE AND MATHEMATICS

2 PROGRAMS.

3 (a) DEFINITIONS.—In this section—

4 (1) EDUCATIONALLY USEFUL FEDERAL EQUIP5 MENT.—The term ‘‘educationally useful Federal

6 equipment’’ means computers and related peripheral

7 tools and research equipment that is appropriate for

8 use in schools.

9 (2) SCHOOL.—The term ‘‘school’’ means a pub10 lic or private educational institution that serves any

11 of the grades of kindergarten through grade 12.

12 (b) SENSE OF CONGRESS.—

13 (1) IN GENERAL.—It is the sense of Congress

14 that the Director should, to the greatest extent prac15 ticable and in a manner consistent with applicable

16 Federal law (including Executive Order No. 12999),

17 donate educationally useful Federal equipment to

18 schools in order to enhance the science and mathe19 matics programs of those schools.

20 (2) REPORTS.—

21 (A) IN GENERAL.—Not later than 1 year

22 after the date of enactment of this Act, and an23 nually thereafter, the Director shall prepare

24 and submit to the President a report. The

25 President shall submit the report to Congress

26 at the same time as the President submits a
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1 budget request to Congress under section

2 1105(a) of title 31, United States Code.

3 (B) CONTENTS OF REPORT.—The report

4 prepared by the Director under this paragraph

5 shall describe any donations of educationally

6 useful Federal equipment to schools made dur7 ing the period covered by the report.

8 SEC. 13. TEACHER SCIENCE AND TECHNOLOGY ENHANCE9 MENT INSTITUTE PROGRAM.

10 (a) IN GENERAL.—The National Institute of Stand11 ards and Technology Act (15 U.S.C. 271 et seq.) is

12 amended by inserting after section 19 the following:

13 ‘‘SEC. 19A. (a) The Director shall establish within

14 the Institute a teacher science and technology enhance15 ment program.

16 ‘‘(b) The purpose of the program under this section

17 shall be to provide for professional development of mathe18 matics and science teachers of elementary, middle, and

19 secondary schools (as those terms are defined by the Di20 rector), including providing for the improvement of those

21 teachers with respect to the teaching of science—

22 ‘‘(1) teaching strategies;

23 ‘‘(2) self-confidence; and

24 ‘‘(3) the understanding of science and the im25 pacts of science on commerce.
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1 ‘‘(c) In carrying out the program under this section,

2 the Director shall focus on the areas of—

3 ‘‘(1) scientific measurements;

4 ‘‘(2) tests and standards development;

5 ‘‘(3) industrial competitiveness and quality;

6 ‘‘(4) manufacturing;

7 ‘‘(5) technology transfer; and

8 ‘‘(6) any other area of expertise of the Institute

9 that the Director determines to be appropriate.

10 ‘‘(d) The Director shall develop and issue procedures

11 and selection criteria for participants in the program.

12 Each such participant shall be a teacher described in sub13 section (b).

14 ‘‘(e) The Director shall issue awards under the pro15 gram to participants. In issuing the awards, the Director

16 shall ensure that the maximum number of participants

17 practicable participate in the program. In order to ensure

18 a maximum level of participation of participants, the pro19 gram under this section shall be conducted on an annual

20 basis during the summer months, during the period of

21 time when a majority of elementary, middle, and second22 ary schools have not commenced a school year.

23 ‘‘(f) The program shall provide for teachers participa24 tion in activities at the Institute laboratory facilities of the

25 Institute.’’.
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1 (b) AVAILABILITY OF FUNDS.—The following

2 amounts of the funds made available by appropriations

3 pursuant to section 3(a) shall be used to carry out the

4 teacher science and technology enhancement program

5 under section 19A of the National Institute of Standards

6 and Technology, as added by subsection (a) of this section:

7 (1) $1,500,000 for fiscal year 1998.

8 (2) $2,500,000 for fiscal year 1999.

9 SEC. 14. JOINT STUDY BY THE NATIONAL ACADEMY OF

10 SCIENCE AND THE NATIONAL ACADEMY OF

11 ENGINEERING.

12 (a) IN GENERAL.—

13 (1) CONTRACT.—Not later than 90 days after

14 the date of enactment of this Act, the Secretary of

15 Commerce shall enter into a contract with the Na16 tional Academy of Science and the National Acad17 emy of Engineering to provide for a joint study to

18 be conducted by those academies under this section.

19 (2) RULE OF CONSTRUCTION.—Nothing in this

20 subsection shall be construed to apply the Federal

21 Advisory Committee Act (5 U.S.C. App.) to the Na22 tional Academy of Science or the National Academy

23 of Engineering.

24 (b) STUDY PANEL.—In carrying out the study under

25 this section, the appropriate officials of the National Acad-
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1 emy of Science and the National Academy of Engineering

2 shall establish a study panel. The members appointed to

3 the study panel shall include—

4 (1) industry and labor leaders;

5 (2) entrepreneurs;

6 (3) individuals who—

7 (A) have previously served as government

8 officials; and

9 (B) have recognized expertise and experi10 ence with respect to civilian research and tech11 nology; and

12 (4) individuals with recognized expertise and

13 experience with respect to science and technology,

14 including individuals who have had experience work15 ing with or for a Federal laboratory.

16 (c) CONTENTS OF STUDY.—The study conducted

17 under this section shall—

18 (1) provide for a thorough review of the effec19 tiveness of the Advanced Technology Program (re20 ferred to in this section as the ‘‘Program’’) under

21 section 28 of the National Institute of Standards

22 and Technology Act (15 U.S.C. 278n);

23 (2) carry out a root cause analysis to deter24 mine—
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1 (A) which aspects of the Program have

2 been effective in stimulating the development of

3 technology; and

4 (B) strategies used to conduct the Pro5 gram that have failed; and

6 (3) examine alternative approaches to accom7 plish the purposes of the Program.

8 (d) REPORT.—Not later than 1 year after the Sec9 retary of Commerce enters into contracts under subsection

10 (a) for the conduct of the joint study under this section,

11 the study panel established under subsection (b) shall pre12 pare, and submit to the Secretary of Commerce, for trans13 mittal to the President and Congress, a study that in14 cludes the findings of the panel with respect to the results

15 of the study.

16 SEC. 15. OFFICE OF AIR AND SPACE COMMERCIALIZATION.

17 (a) ESTABLISHMENT.—There is established within

18 the Department of Commerce an Office of Air and Space

19 Commercialization (referred to in this section as the ‘‘Of20 fice’’).

21 (b) DIRECTOR.—The Office shall be headed by a Di22 rector, who shall be a senior executive and shall be com23 pensated at a level in the Senior Executive Service under

24 section 5382 of title 5, United States Code, as determined

25 by the Secretary of Commerce.
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1 (c) FUNCTIONS OF THE OFFICE; DUTIES OF THE DI2 RECTOR.—The Office shall be the principal unit for the

3 coordination of space-related issues, programs, and initia4 tives within the Department of Commerce. The primary

5 responsibilities of the Director, in carrying out the func6 tions of the Office, shall include—

7 (1) promoting commercial provider investment

8 in space activities by collecting, analyzing, and dis9 seminating information on space markets, and con10 ducting workshops and seminars to increase aware11 ness of commercial space opportunities;

12 (2) assisting United States commercial provid13 ers in the efforts of those providers to conduct busi14 ness with the United States Government;

15 (3) acting as an industry advocate within the

16 executive branch of the Federal Government to en17 sure that the Federal Government meets the space18 related requirements of the Federal Government, to

19 the fullest extent feasible, with respect to commer20 cially available space goods and services;

21 (4) ensuring that the United States Govern22 ment does not compete with United States commer23 cial providers in the provision of space hardware and

24 services otherwise available from United States com25 mercial providers;
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1 (5) promoting the export of space-related goods

2 and services;

3 (6) representing the Department of Commerce

4 in the development of United States policies and in

5 negotiations with foreign countries to ensure free

6 and fair trade internationally in the area of space

7 commerce; and

8 (7) seeking the removal of legal, policy, and in9 stitutional impediments to space commerce.

10 SEC. 16. EXPERIMENTAL PROGRAM TO STIMULATE COM11 PETITIVE TECHNOLOGY.

12 (a) IN GENERAL.—Section 5 of the Stevenson Wydler

13 Technology Innovation Act of 1980 (15 U.S.C. 3704) is

14 amended by adding at the end the following:

15 ‘‘(f) EXPERIMENTAL PROGRAM TO STIMULATE COM16 PETITIVE TECHNOLOGY.—

17 ‘‘(1) IN GENERAL.—The Secretary, acting

18 through the Under Secretary, shall establish a pro19 gram to be known as the Experimental Program to

20 Stimulate Competitive Technology (referred to in

21 this subsection as the ‘program’). The purpose of

22 the program shall be to strengthen the technological

23 competitiveness of those States that have historically

24 received less Federal research and development
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1 funds than those received by a majority of the

2 States.

3 ‘‘(2) ARRANGEMENTS.—In carrying out the

4 program, the Secretary, acting through the Under

5 Secretary, shall—

6 ‘‘(A) enter into such arrangements as may

7 be necessary to provide for the coordination of

8 the program through the State committees es9 tablished under the Experimental Program to

10 Stimulate Competitive Research of the National

11 Science Foundation; and

12 ‘‘(B) cooperate with—

13 ‘‘(i) any State science and technology

14 council established under the program

15 under subparagraph (A); and

16 ‘‘(ii) representatives of small business

17 firms and other appropriate technology18 based businesses.

19 ‘‘(3) GRANTS.—In carrying out the program,

20 the Secretary, acting through the Under Secretary,

21 may make grants or enter into cooperative agree22 ments to provide, for—

23 ‘‘(A) technology research and development;

24 ‘‘(B) technology transfer from university

25 research;
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1 ‘‘(C) technology deployment and diffusion;

2 and

3 ‘‘(D) the strengthening of technological ca4 pabilities through consortia comprised of—

5 ‘‘(i) technology-based small business

6 firms;

7 ‘‘(ii) industries and emerging compa8 nies;

9 ‘‘(iii) universities; and

10 ‘‘(iv) State and local development

11 agencies and entities.

12 ‘‘(4) REQUIREMENTS FOR MAKING AWARDS.—

13 ‘‘(A) IN GENERAL.—In making grant

14 awards under this subsection, the Secretary,

15 acting through the Under Secretary, shall en16 sure that the awards are awarded on a competi17 tive basis that includes a review of the merits

18 of the activities that are the subject of the

19 award.

20 ‘‘(B) MATCHING REQUIREMENT.—The

21 non-Federal share of the activities (other than

22 planning activities) carried out under a grant

23 under this subsection shall be not less than 25

24 percent of the cost of those activities.
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1 ‘‘(5) CRITERIA FOR STATES.—With respect to

2 States that participate in the program, the Sec3 retary, acting through the Under Secretary, shall es4 tablish criteria for achievement by each State that

5 participates in the program. Upon the achievement

6 of all such criteria, a State shall cease to be eligible

7 to participate in the program.

8 ‘‘(6) COORDINATION.—To the extent prac9 ticable, in carrying out this section, the Secretary,

10 acting through the Under Secretary, shall coordinate

11 the program with other programs of the Department

12 of Commence.

13 ‘‘(7) REPORT.—

14 ‘‘(A) IN GENERAL.—Not later than 90

15 days after the date of enactment of the Tech16 nology Administration Authorization Act for

17 Fiscal Years 1998 and 1999, the Under Sec18 retary shall prepare and submit a report that

19 meets the requirements of this paragraph to the

20 Secretary. Upon receipt of the report, the Sec21 retary shall transmit a copy of the report to the

22 Committee on Commerce, Science, and Trans23 portation of the Senate and the Committee on

24 Science of the House of Representatives.
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1 ‘‘(B) REQUIREMENTS FOR REPORT.—The

2 report prepared under this paragraph shall con3 tain with respect to the program—

4 ‘‘(i) a description of the structure and

5 procedures of the program;

6 ‘‘(ii) a management plan for the pro7 gram;

8 ‘‘(iii) a description of the merit-based

9 review process to be used in the program;

10 ‘‘(iv) milestones for the evaluation of

11 activities to be assisted under the program

12 in each of fiscal years 1998 and 1999;

13 ‘‘(v) an assessment of the eligibility of

14 each State that participates in the Experi15 mental Program to Stimulate Competitive

16 Research of the National Science Founda17 tion to participate in the program under

18 this subsection; and

19 ‘‘(vi) the evaluation criteria with re20 spect to which the overall management and

21 effectiveness of the program will be evalu22 ated pursuant to paragraph (8).

23 ‘‘(8) EVALUATION.—Not earlier than the date

24 that is 4 years after the date on which the program

25 is established, the Secretary, acting through the
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1 Under Secretary, shall carry out an evaluation of the

2 program. In carrying out the evaluation the Sec3 retary, acting through the Under Secretary, shall

4 apply the criteria described in paragraph

5 (7)(B)(vi).’’.

6 (b) FUNDING.—Of the amounts made available by

7 appropriations pursuant to section 4—

8 (1) for fiscal year 1998, $1,650,000 shall be

9 used to carry out the Experimental Program to

10 Stimulate Competitive Technology established under

11 section 5(f) of the Stevenson Wydler Technology In12 novation Act of 1980, as added by subsection (a) of

13 this section; and

14 (2) for fiscal year 1999, $3,000,000 shall be

15 used to carry out the program referred to in para16 graph (1).

Æ