H. R. 1274
One Hundred Fifth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twenty-seventh day of January, one thousand nine hundred and ninety-eight
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 Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Technology Administration Act
of 1998’’.
SEC. 2. MANUFACTURING EXTENSION PARTNERSHIP PROGRAM CEN-
TER EXTENSION.
Section 25(c)(5) of the National Institute of Standards 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 received a positive evaluation through an independent
review, 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 one third of the capital and annual operating and mainte-
nance costs of the Center under the program.’’.
SEC. 3. MALCOLM BALDRIGE QUALITY AWARD.
(a) ADDITIONAL AWARDS.—Section 17(c)(3) of the Stevenson-
Wydler Technology Innovation Act of 1980 (15 U.S.C. 3711a(c)(3))
is amended 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’’.
(b) CATEGORIES.—Section 17(c)(1) of the Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C. 3711a(c)(1)) is amend-
ed by adding at the end the following:
‘‘(D) Health care providers.
‘‘(E) Education providers.’’.
SEC. 4. NOTICE.
(a) REDESIGNATION.—Section 31 of the National Institute of
Standards and Technology Act is redesignated as section 32.
(b) NOTICE.—The National Institute of Standards and Tech-
nology Act (15 U.S.C. 271 et seq.) is amended by inserting after
section 30 the following new section:
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‘‘NOTICE
‘‘SEC. 31. (a) NOTICE OF REPROGRAMMING.—If any funds author-
ized for carrying out 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 Senate, notice
of such action shall concurrently be provided to the Committee
on Science of the House of Representatives and the Committee
on Commerce, Science, and Transportation of the Senate.
‘‘(b) NOTICE OF REORGANIZATION.—
‘‘(1) REQUIREMENT.—The Secretary shall provide notice to
the Committees on Science and Appropriations of the House
of Representatives, 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 Institute.
‘‘(2) DEFINITION.—For purposes of this subsection, the term
‘major reorganization’ means any reorganization of the Institute
that involves the reassignment of more than 25 percent of
the employees of the Institute.’’.
SEC. 5. SENSE OF THE CONGRESS ON THE YEAR 2000 PROBLEM.
With the year 2000 fast approaching, it is the sense of the
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 ensure that those systems
continue to operate effectively in the year 2000 and beyond;
and
(2) develop contingency plans for those systems that the
Institute is unable to correct in time.
SEC. 6. ENHANCEMENT OF SCIENCE AND MATHEMATICS PROGRAMS.
(a) DEFINITIONS.—In this section—
(1) EDUCATIONALLY
USEFUL
FEDERAL
EQUIPMENT.—The
term ‘‘educationally useful Federal equipment’’ means comput-
ers and related peripheral tools and research equipment that
is appropriate for use in schools.
(2) SCHOOL.—The term ‘‘school’’ means a public or private
educational institution that serves any of the grades of kinder-
garten through grade 12.
(b) SENSE OF THE CONGRESS.—
(1) IN GENERAL.—It is the sense of the Congress that the
Director of the National Institute of Standards and Technology
should, to the greatest extent practicable and in a manner
consistent with applicable Federal law (including Executive
Order No. 12999), donate educationally useful Federal equip-
ment to schools in order to enhance the science and mathe-
matics programs of those schools.
(2) REPORTS.—
(A) IN GENERAL.—Not later than 1 year after the date
of the enactment of this Act, and annually thereafter, the
Director of the National Institute of Standards and Tech-
nology shall prepare and submit to the President a report.
The President shall submit the report to Congress at the
same time as the President submits a budget request to
Congress under section 1105(a) of title 31, United States
Code.
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(B) CONTENTS
OF
REPORT.—The report prepared by
the Director under this paragraph shall describe any dona-
tions of educationally useful Federal equipment to schools
made during the period covered by the report.
SEC. 
7. 
TEACHER 
SCIENCE 
AND 
TECHNOLOGY 
ENHANCEMENT
INSTITUTE PROGRAM.
The National Institute of Standards and Technology Act (15
U.S.C. 271 et seq.) is amended by inserting after section 19 the
following:
‘‘SEC. 19A. (a) The Director shall establish within the Institute
a teacher science and technology enhancement program to provide
for professional development of mathematics and science teachers
of elementary, middle, and secondary schools (as those terms are
defined by the Director), including providing for the improvement
of those teachers with respect to the understanding of science
and the impacts of science on commerce.
‘‘(b) In carrying out the program under this section, the Director
shall focus on the areas of—
‘‘(1) scientific measurements;
‘‘(2) tests and standards development;
‘‘(3) industrial competitiveness and quality;
‘‘(4) manufacturing;
‘‘(5) technology transfer; and
‘‘(6) any other area of expertise of the Institute that the
Director determines to be appropriate.
‘‘(c) The Director shall develop and issue procedures and
selection criteria for participants in the program.
‘‘(d) The program under this section shall be conducted on
an annual basis during the summer months, during the period
of time when a majority of elementary, middle, and secondary
schools have not commenced a school year.
‘‘(e) The program shall provide for teachers’ participation in
activities at the laboratory facilities of the Institute, or shall utilize
other means of accomplishing the goals of the program as deter-
mined by the Director, which may include the Internet, video con-
ferencing and recording, and workshops and conferences.’’.
SEC. 8. OFFICE OF SPACE COMMERCIALIZATION.
(a) ESTABLISHMENT.—There is established within the Depart-
ment of Commerce an Office of Space Commercialization (referred
to in this section as the ‘‘Office’’).
(b) DIRECTOR.—The Office shall be headed by a Director, who
shall be a senior executive and shall be compensated at a level
in the Senior Executive Service under section 5382 of title 5, United
States Code, as determined by the Secretary of Commerce.
(c) FUNCTIONS OF THE OFFICE; DUTIES OF THE DIRECTOR.—
The Office shall be the principal unit for the coordination of space-
related issues, programs, and initiatives within the Department
of Commerce. The primary responsibilities of the Director, in carry-
ing out the functions of the Office, shall include—
(1) promoting commercial provider investment in space
activities by collecting, analyzing, and disseminating informa-
tion on space markets, and conducting workshops and seminars
to increase awareness of commercial space opportunities;
(2) assisting United States commercial providers in the
efforts of those providers to conduct business with the United
States Government;
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(3) acting as an industry advocate within the executive
branch of the Federal Government to ensure that the Federal
Government meets the space-related requirements of the Fed-
eral Government, to the fullest extent feasible, using commer-
cially available space goods and services;
(4) ensuring that the United States Government does not
compete with United States commercial providers in the provi-
sion of space hardware and services otherwise available from
United States commercial providers;
(5) promoting the export of space-related goods and
services;
(6) representing the Department of Commerce in the
development of United States policies and in negotiations with
foreign countries to ensure free and fair trade internationally
in the area of space commerce; and
(7) seeking the removal of legal, policy, and institutional
impediments to space commerce.
SEC. 9. EXPERIMENTAL PROGRAM TO STIMULATE COMPETITIVE TECH-
NOLOGY.
Section 5 of the Stevenson-Wydler Technology Innovation Act
of 1980 (15 U.S.C. 3704) is amended by adding at the end the
following:
‘‘(f ) EXPERIMENTAL
PROGRAM
TO
STIMULATE
COMPETITIVE
TECHNOLOGY.—
‘‘(1) IN GENERAL.—The Secretary, acting through the Under
Secretary, shall establish for fiscal year 1999 a program to
be known as the Experimental Program to Stimulate Competi-
tive Technology (referred to in this subsection as the ‘program’).
The purpose of the program shall be to strengthen the techno-
logical competitiveness of those States that have historically
received less Federal research and development funds than
those received by a majority of the States.
‘‘(2) ARRANGEMENTS.—In carrying out the program, the
Secretary, acting through the Under Secretary, shall—
‘‘(A) enter into such arrangements as may be necessary
to provide for the coordination of the program through
the State committees established under the Experimental
Program to Stimulate Competitive Research of the National
Science Foundation; and
‘‘(B) cooperate with—
‘‘(i) any State science and technology council estab-
lished under the program under subparagraph (A);
and
‘‘(ii) representatives of small business firms and
other appropriate technology-based businesses.
‘‘(3) GRANTS AND COOPERATIVE AGREEMENTS.—In carrying
out the program, the Secretary, acting through the Under Sec-
retary, may make grants or enter into cooperative agreements
to provide for—
‘‘(A) technology research and development;
‘‘(B) technology transfer from university research;
‘‘(C) technology deployment and diffusion; and
‘‘(D) the strengthening of technological capabilities
through consortia comprised of—
‘‘(i) technology-based small business firms;
‘‘(ii) industries and emerging companies;
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‘‘(iii) universities; and
‘‘(iv) State and local development agencies and
entities.
‘‘(4) REQUIREMENTS FOR MAKING AWARDS.—
‘‘(A) IN GENERAL.—In making awards under this sub-
section, the Secretary, acting through the Under Secretary,
shall ensure that the awards are awarded on a competitive
basis that includes a review of the merits of the activities
that are the subject of the award.
‘‘(B) MATCHING REQUIREMENT.—The non-Federal share
of the activities (other than planning activities) carried
out under an award under this subsection shall be not
less than 25 percent of the cost of those activities.
‘‘(5) CRITERIA FOR STATES.—The Secretary, acting through
the Under Secretary, shall establish criteria for achievement
by each State that participates in the program. Upon the
achievement of all such criteria, a State shall cease to be
eligible to participate in the program.
‘‘(6) COORDINATION.—To the extent practicable, in carrying
out this subsection, the Secretary, acting through the Under
Secretary, shall coordinate the program with other programs
of the Department of Commerce.
‘‘(7) REPORT.—
‘‘(A) IN GENERAL.—Not later than 90 days after the
date of the enactment of the Technology Administration
Act of 1998, the Under Secretary shall prepare and submit
a report that meets the requirements of this paragraph
to the Secretary. Upon receipt of the report, the Secretary
shall transmit a copy of the report to the Committee on
Commerce, Science, and Transportation of the Senate and
the Committee on Science of the House of Representatives.
‘‘(B) REQUIREMENTS FOR REPORT.—The report prepared
under this paragraph shall contain with respect to the
program—
‘‘(i) a description of the structure and procedures
of the program;
‘‘(ii) a management plan for the program;
‘‘(iii) a description of the merit-based review
process to be used in the program;
‘‘(iv) milestones for the evaluation of activities to
be assisted under the program in fiscal year 1999;
‘‘(v) an assessment of the eligibility of each State
that participates in the Experimental Program to
Stimulate Competitive Research of the National
Science Foundation to participate in the program under
this subsection; and
‘‘(vi) the evaluation criteria with respect to which
the overall management and effectiveness of the pro-
gram will be evaluated.’’.
SEC. 10. NATIONAL TECHNOLOGY MEDAL FOR ENVIRONMENTAL TECH-
NOLOGY.
In the administration of section 16 of the Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C. 3711), Environmental
Technology shall be established as a separate nomination category
with appropriate unique criteria for that category.
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SEC. 11. INTERNATIONAL ARCTIC RESEARCH CENTER.
The Congress finds that the International Arctic Research Cen-
ter is an internationally-supported effort to conduct important
weather and climate studies, and other research projects of benefit
to the United States. It is, therefore, the sense of the Congress
that, as with similar research conducted in the Antarctic, the United
States should provide similar support for this important effort.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.