I
106TH CONGRESS
1ST SESSION
H. R. 1744
To authorize appropriations for the National Institute of Standards and
Technology for fiscal years 2000 and 2001, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MAY 10, 1999
Mrs. MORELLA introduced the following bill; which was referred to the
Committee on Science
A BILL
To authorize appropriations for the National Institute of
Standards and Technology for fiscal years 2000 and
2001, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives 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 1999’’.
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
Technology—
(1) $274,513,000 for fiscal year 2000, of
which—
(A) $39,960,000 shall be for Electronics
and Electrical Engineering;
(B) $17,916,000 shall be for Manufac-
turing Engineering;
(C) $34,061,000 shall be for Chemical
Science and Technology;
(D) $29,569,000 shall be for Physics;
(E) $53,093,000 shall be for Material
Science and Engineering;
(F) $13,817,000 shall be for Building and
Fire Research;
(G) $37,058,000 shall be for Computer
Science and Applied Mathematics;
(H) $17,636,000 shall be for Technical As-
sistance; and
(I) $31,403,000 shall be for Research Sup-
port; and
(2) $285,152,000 for fiscal year 2001.
(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) $5,100,000 for fiscal year 2000; and
(2) $5,100,000 for fiscal year 2001.
(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) $106,800,000 for fiscal year 2000; and
(B) $31,800,000 for fiscal year 2001.
(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
Policy—
(1) $7,500,000 for fiscal year 2000; and
(2) $7,500,000 for fiscal year 2001.
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
Technology—
(1) $297,500,000 for fiscal year 2000, of
which—
(A) $190,700,000 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) $106,800,000 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
which shall not exceed 5 years,’’ in subsection
(b)(1)(B) after ‘‘participation to be appropriate,’’;
(2) 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)’’;
(3) 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’’;
(4) 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
(5) by adding at the end the following new sub-
section:
‘‘(k) 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. 7. TECHNICAL AMENDMENTS.
(a) RESEARCH FELLOWSHIPS.—Section 18 of the
National Institute of Standards and Technology Act (15
U.S.C. 278g–1) is amended by striking ‘‘up to 1 per cen-
tum of the’’.
(b) OUTDATED SPECIFICATIONS.—Section 2 of the
Act entitled ‘‘An Act to authorize the Use of the Metric
System of Weights and Measures’’ enacted July 28, 1866
(15 U.S.C. 205) is amended to read as follows:
‘‘SEC. 2. The metric system of measurement shall be
defined as the International System of Units as estab-
lished in 1960, and subsequently maintained, by the Gen-
eral Conference of Weights and Measures, and as inter-
preted or modified for the United States by the Secretary
of Commerce.’’.
SEC. 8. ELIGIBILITY FOR AWARDS.
(a) IN GENERAL.—The Director of the National In-
stitute of Standards and Technology shall exclude from
consideration for grant agreements made by the Institute
after fiscal year 1999 any person who received funds,
other than those described in subsection (b), appropriated
for a fiscal year after fiscal year 1999, under a grant
agreement from any Federal funding source for a project
that was not subjected to a competitive, merit-based award
process, except as specifically authorized by this Act. Any
exclusion from consideration pursuant to this section shall
be effective for a period of 5 years after the person re-
ceives such Federal funds.
(b) EXCEPTION.—Subsection (a) shall not apply to
the receipt of Federal funds by a person due to the mem-
bership 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.
(c) DEFINITION.—For purposes of this 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 stim-
ulation 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 re-
search and development agreement (as such term is de-
fined in section 12(d)(1) of the Stevenson-Wydler Tech-
nology Innovation Act of 1980 (15 U.S.C. 3710a(d)(1))).
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