Technology Administration Act of 1998
PL 105-309 (H.R.1274), enacted 10/30/1998

PUBLIC LAW 105-309—OCT. 30, 1998 
112 STAT. 2935 
Public Law 105-309 
105th Congress 
An Act 
To authorize appropriations for the National Institute of Standards and Technology 
Oct. 30, 1998 
for fiscal years 1998 and 1999, and for other purposes. 
[H R 12741 
Be it enacted by the Senate and House of Representatives 
of 
the United States of America in Congress assembled, 
Technology 
Administration 
SECTION 1. SHORT TITLE. 
Act of 1998. 
15 u s e 271 note. 
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)(l)) 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. 
15 USC 271 note. 
(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: 
112 STAT. 2936 
PUBLIC LAW 105-309—OCT. 30, 1998 
"NOTICE 
"SEC. 31. (a) NOTICE OF REPROGRAMMING.—^If any funds author-
l5USC278p. 
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. 
15 use 272 note. 
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 educationsdly useful Federal equip-
ment to schools in order to enhance the science and mathe-
matics programs of those schools. 
(2) REPORTS.— 
Deadline. 
(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. 
President. 
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. 
PUBLIC LAW 105-309—OCT. 30, 1998 
112 STAT. 2937 
(B) CONTENTS OF REPORT.—^The report prepared by 
the Director under this paragraph shall describe any dona-
tions of educationally useful Federsd 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 
15 USC 278g-2a. 
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. 
15 USC 1511e. 
(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; 
112 STAT. 2938 
PUBLIC LAW 105-309—OCT. 30, 1998 
(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 carr3dng 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; 
PUBLIC LAW 105-309—OCT. 30, 1998 
112 STAT. 2939 
"(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- 
15 USC 3711 
NOLOGY. 
note. 
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. 
112 STAT. 2940 
PUBLIC LAW 105-309—OCT. 30, 1998 
SEC. 
1
1
. 
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. 
Approved October 30, 1998. 
LEGISLATIVE HISTORY—H.R. 1274: 
HOUSE REPORTS: No. 105-64 (Comm. on Science). 
CONGRESSIONAL RECORD: 
Vol. 143 (1997): Apr. 24, considered and passed House. 
Vol. 144 (1998): Oct. 9, considered and passed Senate, amended. 
Oct. 13, House concurred in Senate amendment. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 34 (1998): 
Oct. 30, Presidential statement.