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 SCI-
ENTIFIC 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 Tech-
nology—
(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 Manufactur-
ing 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 As-
sistance; and
(I) $28,604,000 shall be for Research Sup-
port; 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 Manufactur-
ing 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 As-
sistance; and
(I) $29,462,120 shall be for Research Sup-
port.
(b) MALCOLM BALDRIGE NATIONAL QUALITY PRO-
GRAM.—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 Com-
merce 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 un-
less the Secretary of Commerce has certified to the Com-
mittee 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 In-
stitute of Standards and Technology that the Secretary
has transmitted to those committees.
SEC. 3. AUTHORIZATION OF APPROPRIATIONS FOR THE OF-
FICE OF THE UNDER SECRETARY FOR TECH-
NOLOGY.
There are authorized to be appropriated to the Sec-
retary of Commerce for the activities of the Under Sec-
retary for Technology and the Office of Technology Pol-
icy—
(1) $7,000,000 for fiscal year 1998; and
(2) $7,205,000 for fiscal year 1999.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS FOR INDUS-
TRIAL TECHNOLOGY SERVICES.
There are authorized to be appropriated to the Sec-
retary of Commerce for the Industrial Technology Services
activities of the National Institute of Standards and Tech-
nology—
(1) $302,900,000 for fiscal year 1998, of
which—
(A) $185,100,000 shall be for the Ad-
vanced 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 Manu-
facturing 
Extension 
Partnerships 
program
under sections 25 and 26 of the National Insti-
tute 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 Ad-
vanced 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 Manu-
facturing 
Extension 
Partnerships 
program
under sections 5 and 26 of the National Insti-
tute of Standards and Technology Act (15
U.S.C. 278k and 278l).
SEC. 5. NATIONAL INSTITUTE OF STANDARDS AND TECH-
NOLOGY ACT AMENDMENTS.
(a) AMENDMENTS.—Section 28 of the National Insti-
tute 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 partici-
pants 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 insert-
ing in lieu thereof ‘‘and (ii)’’;
(4) by striking ‘‘and cooperative agreements’’ in
subsection (b)(2), and inserting in lieu thereof ‘‘, co-
operative agreements, and, subject to the last sen-
tence 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 follow-
ing:
‘‘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 trans-
action instruments incorporate terms and conditions that
reflect the use of generally accepted commercial account-
ing 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 sub-
sections:
‘‘(k) Notwithstanding subsection (b)(1)(B) and sub-
section (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 pro-
vided under this section; and
‘‘(2) the Secretary, acting through the Director,
determines that the vesting of such property fur-
thers the objectives of the Institute.
Vesting under this subsection shall be subject to such limi-
tations 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 pe-
riod 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 solicita-
tions for proposals are made after the date of the enact-
ment of this Act.
SEC. 6. MANUFACTURING EXTENSION PARTNERSHIP PRO-
GRAM CENTER EXTENSION.
Section 25(c)(5) of the National Institute of Stand-
ards 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 re-
ceived a positive evaluation through an independent re-
view, 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 amend-
ed 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. Not-
withstanding 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 pend-
ing 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 leg-
islation 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 Na-
tional 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 para-
graph (2), appropriated for a fiscal year after fiscal
year 1997, under a grant agreement from any Fed-
eral funding source for a project that was not sub-
jected 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 pro-
vided by law.
(3) DEFINITION.—For purposes of this sub-
section, 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 prop-
erty or services for the direct benefit or use of the
United States Government. Such term does not in-
clude 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 au-
thorized 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 Sen-
ate, notice of such action shall concurrently be provided
to the Committee on Science of the House of Representa-
tives 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 Representa-
tives, 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 en-
sure that those systems continue to operate effec-
tively 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 equip-
ment 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 Amer-
ican-made equipment and products.
(c) NOTICE
TO RECIPIENTS
OF ASSISTANCE.—In
providing financial assistance under this Act, the Sec-
retary of Commerce shall provide to each recipient of the
assistance a notice describing the statement made in sub-
section (a) by the Congress.
Passed the House of Representatives April 24, 1997.
Attest:
Clerk.