IIA
105TH CONGRESS
1ST SESSION
H. R. 1274
IN THE SENATE OF THE UNITED STATES
APRIL 24, 1997
Received; read twice and referred to the Committee on Commerce, Science,
and Transportation
AN ACT
To authorize appropriations for the National Institute of
Standards and Technology for fiscal years 1998 and
1999, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
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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;
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(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
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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.
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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
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(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,
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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
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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