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NIST Finally Funded - But Only Through June

OCT 28, 1998

Several weeks into fiscal year 1999, Congress found itself with eight of the thirteen FY 1999 appropriations bills still incomplete. It bundled these remaining bills into a single, “omnibus” measure that the White House accepted after more than a week of intense, last-minute negotiating. This omnibus bill, H.R. 4328, contains FY 1999 appropriations for the Department of Commerce and many other federal departments and agencies, as well as some emergency funds. An ideological dispute over the use of statistical sampling for the Commerce Department’s 2000 Census, however, may have an impact on funding for all Commerce programs, including NIST. Congress and the Administration agreed to stop the flow of FY 1999 appropriations for the Departments of Commerce, Justice and State on June 15, 1999, unless a decision is made about how to proceed with the census. Thus not only NIST, but operation of the courts and the State Department are held hostage to agreement on the census.

NIST would receive a total FY 1999 appropriation of $647.1 million. Although this is a decrease of 4.5 percent from the FY 1998 appropriation and 9.5 percent from the Administration’s FY 1999 request, the Institute made out fairly well. The programs that requested increases over last year’s funding will receive additional money, although not as much as requested. NIST’s in-house core laboratories, referred to as Scientific and Technical Research and Services (STRS), will see an increase over FY 1998 funding, but not as much as they asked for. The same is true for the Advanced Technology Program (ATP), which has in past years been targeted for elimination by some Republicans. The Manufacturing Extension Partnership (MEP) program and Construction funding would both receive their full request, which in each case is less than FY 1998 funding.

NIST FY 1999 Appropriations

NIST FY98 FY99 Senate House Conference

Program Approp. Request Mark Mark Report

(In millions)

STRS $276.9 291.6 290.6 280.5 280.1

ATP 192.5 259.9 192.5 180.2 203.5

MEP 113.5 106.8 106.8 106.8 106.8

Constr. 95.0 56.7 56.7 56.7 56.7

TOTAL 677.9 715.0 646.7 624.2 647.1

The conference report (House Report 105-825) accompanying the bill contains specific instructions for NIST programs, as quoted below. The conference report in several instances refers to language from the earlier Senate and House Appropriations Committees’ Reports, which can be found in FYIs #105 and #112 .

STRS: The $280.1 million for STRS is a decrease of 3.9 percent from the request, but a 1.2 percent increase from FY 1998 funding. Although less than the request, the conference report states that the appropriation “includes full funding for all base activities for the internal research programs of NIST.” It also includes specific increases, above the request, for “the highest priority programs,” as follows: $1.8 million for semiconductor metrology; $1.2 million to continue disaster research programs; $2.5 million in increased support for international standards activities; and $1.8 million “to expand the Malcolm Baldrige Quality Awards program to health care and education.”

ATP: The ATP appropriation of $203.5 million, while 21.7 percent less than requested, is still 5.7 percent above FY 1998 funding. The report designates $66.0 million for new awards in fiscal year 1999; $41.1 million for “administration, internal NIST lab support and Small Business Innovation Research requirements;" and $120.2 million for “continued funding requirements for awards made in fiscal years 1996, 1997, and 1998.” This $120.2 million in continued funding is to come from $96.4 million in new (FY 1999) funding, and $23.8 million “from excess balances available from prior years.” Concerned over this build-up of excess funds from prior years, the conference report directs NIST to follow House report language “regarding reprogramming requirements and review of the current mortgage estimation formula.” Elsewhere in the conference report, a total of $6.0 million is rescinded from FY 1998 “unobligated balances” available for the ATP.

The conference report also concurs with Senate report language which states, “the program’s effectiveness should be assessed before significant increases for new awards are appropriated. While NIST has conducted several internal assessments...there has been no comprehensive evaluation of the program. Enough program data has been amassed for an independent, outside assessment by a well-regarded organization with significant business and economic experience. The Committee expects the assessment to analyze how well the program has reached certain goals established in its authorizing statute.... In addition, the assessment should benchmark the ATP experience against similar high-risk, cutting-edge precompetitive research which has had limited or no Federal support during a comparable period and compare their successes in reaching a widespread commercial application.”

MEP: The MEP would receive $106.8 million, equal to the request, but a decrease of 5.9 percent from FY 1998. This amount is “to be distributed in accordance with the direction included in the House report,” which specified $98.3 million to the centers and $8.5 million for program administration. The conference report follows House report language in “waiving the statutory six-year limitation on Federal funding for each MEP Regional Center, subject to certain conditions, as requested in the budget.” NIST is also directed to comply with Senate language calling for annual report on the centers, with review by “knowledgeable and experienced individuals, who are neither employed by the agency nor involved with any of the MEP centers...prior to transmitting the final report to Congress.”

Construction: An appropriation of $56.7 million, equal to the request, is provided for “construction, renovation and maintenance of NIST facilities.” FY 1998 funding was $95.0 million. The conference report says, “NIST is expected to follow the direction included in both the House and Senate reports regarding construction of the Advanced Metrology Laboratory. In addition, bill language is included making $40,000,000 of the funds provided in this account available upon submission of a spending plan” for facilities needs. The House report chided NIST because a prior report “failed to undertake a comprehensive review of NIST facilities requirements in light of fiscal realities and changing requirements.”

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