[105th Congress Public Law 309]
[From the U.S. Government Printing Office]


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[DOCID: f:publ309.105]


[[Page 112 STAT. 2935]]

Public Law 105-309
105th Congress

                                 An Act


 
 To <<NOTE: Oct. 30, 1998 -  [H.R. 1274]>> 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, <<NOTE: Technology 
Administration Act of 1998.>> 

SECTION 1. SHORT TITLE. <<NOTE: 15 USC 271 note.>> 

    This Act may be cited as the ``Technology Administration Act of 
1998''.

SEC. 2. MANUFACTURING EXTENSION PARTNERSHIP PROGRAM CENTER 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 maintenance 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 amended 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 <<NOTE: 15 USC 271 note.>> is redesignated 
as section 32.

    (b) Notice.--The National Institute of Standards and Technology Act 
(15 U.S.C. 271 et seq.) is amended by inserting after section 30 the 
following new section:

[[Page 112 STAT. 2936]]

                                ``notice

    ``Sec. 31. (a) Notice of Reprogramming.--If any funds authorized for 
carrying out this <<NOTE: 15 USC 278p.>> 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. <<NOTE: 15 USC 272 note.>> ENHANCEMENT OF SCIENCE AND 
            MATHEMATICS PROGRAMS.

    (a) Definitions.--In this section--
            (1) Educationally useful federal equipment.--The term 
        ``educationally useful Federal equipment'' means computers 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 
        kindergarten 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 equipment 
        to schools in order to enhance the science and mathematics 
        programs of those schools.
            (2) Reports.--
                    (A)  <<NOTE: Deadline.>> 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 Technology shall prepare and 
                submit to the President a report. The 
                President <<NOTE: 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.

[[Page 112 STAT. 2937]]

                    (B) Contents of report.--The report prepared by the 
                Director under this paragraph shall describe any 
                donations 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. <<NOTE: 15 USC 278g-2a.>>  (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 
determined by the Director, which may include the Internet, video 
conferencing and recording, and workshops and conferences.''.

SEC. 8. <<NOTE: 15 USC 1511e.>> OFFICE OF SPACE COMMERCIALIZATION.

    (a) Establishment.--There is established within the Department 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 carrying out the functions 
of the Office, shall include--
            (1) promoting commercial provider investment in space 
        activities by collecting, analyzing, and disseminating 
        information 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;

[[Page 112 STAT. 2938]]

            (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 Federal 
        Government, to the fullest extent feasible, using commercially 
        available space goods and services;
            (4) ensuring that the United States Government does not 
        compete with United States commercial providers in the provision 
        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 TECHNOLOGY.

    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 Competitive 
        Technology (referred to in this subsection as the `program'). 
        The purpose of the program shall be to strengthen the 
        technological 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 
                      established 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 Secretary, 
        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;

[[Page 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 
                subsection, 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 program will be evaluated.''.

SEC. 10. <<NOTE: 15 USC 3711 note.>> NATIONAL TECHNOLOGY MEDAL FOR 
            ENVIRONMENTAL TECHNOLOGY.

    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.

[[Page 112 STAT. 2940]]

SEC. 11. INTERNATIONAL ARCTIC RESEARCH CENTER.

    The Congress finds that the International Arctic Research Center 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.

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