[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1868 Reported in House (RH)]






                                                  Union Calendar No. 69
110th CONGRESS
  1st Session
                                H. R. 1868

                          [Report No. 110-115]

To authorize appropriations for the National Institute of Standards and 
    Technology for fiscal years 2008, 2009, and 2010, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 17, 2007

Mr. Wu (for himself, Mr. Gingrey, Mr. Gordon of Tennessee, Mr. Hall of 
  Texas, Mr. Mitchell, and Mr. Ehlers) introduced the following bill; 
     which was referred to the Committee on Science and Technology

                             April 30, 2007

Additional sponsors: Mr. Honda, Mr. Udall of Colorado, Mr. Rothman, Mr. 
 Smith of Washington, Mr. Moran of Virginia, Ms. Schakowsky, Mr. Holt, 
  Ms. Hooley, Ms. Woolsey, Mr. Chandler, Mr. Reichert, and Mr. Lampson

                             April 30, 2007

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
 [For text of introduced bill, see copy of bill as introduced on April 
                               17, 2007]

_______________________________________________________________________

                                 A BILL


 
To authorize appropriations for the National Institute of Standards and 
    Technology for fiscal years 2008, 2009, and 2010, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Technology 
Innovation and Manufacturing Stimulation Act of 2007''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.

                TITLE I--AUTHORIZATION OF APPROPRIATIONS

Sec. 101. Scientific and technical research and services.
Sec. 102. Industrial technology services.

           TITLE II--INNOVATION AND TECHNOLOGY POLICY REFORMS

Sec. 201. Institute-wide planning report.
Sec. 202. Report by Visiting Committee.
Sec. 203. Manufacturing extension partnership.
Sec. 204. Technology Innovation Program.
Sec. 205. Research fellowships.
Sec. 206. Collaborative manufacturing research pilot grants.
Sec. 207. Manufacturing fellowship program.
Sec. 208. Meetings of Visiting Committee on Advanced Technology.

                        TITLE III--MISCELLANEOUS

Sec. 301. Post-doctoral fellows.
Sec. 302. Financial agreements clarification.
Sec. 303. Working capital fund transfers.
Sec. 304. Retention of depreciation surcharge.
Sec. 305. Non-Energy Inventions Program.
Sec. 306. Redefinition of the metric system.
Sec. 307. Repeal of redundant and obsolete authority.
Sec. 308. Clarification of standard time and time zones.
Sec. 309. Procurement of temporary and intermittent services.
Sec. 310. Malcolm Baldrige awards.

                TITLE I--AUTHORIZATION OF APPROPRIATIONS

SEC. 101. SCIENTIFIC 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 Technology--
            (1) $470,879,000 for fiscal year 2008;
            (2) $497,750,000 for fiscal year 2009; and
            (3) $537,569,000 for fiscal year 2010.
    (b) Malcolm Baldrige National Quality Award Program.--There are 
authorized to be appropriated to the Secretary of Commerce for the 
Malcolm Baldrige National Quality Award program under section 17 of the 
Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3711a)--
            (1) $7,860,000 for fiscal year 2008;
            (2) $8,096,000 for fiscal year 2009; and
            (3) $8,339,000 for fiscal year 2010.
    (c) Construction and Maintenance.--There are authorized to be 
appropriated to the Secretary of Commerce for construction and 
maintenance of facilities of the National Institute of Standards and 
Technology--
            (1) $93,865,000 for fiscal year 2008;
            (2) $86,371,000 for fiscal year 2009; and
            (3) $49,719,000 for fiscal year 2010.

SEC. 102. INDUSTRIAL TECHNOLOGY SERVICES.

    There are authorized to be appropriated to the Secretary of 
Commerce for Industrial Technology Services activities of the National 
Institute of Standards and Technology--
            (1) $222,968,000 for fiscal year 2008, of which--
                    (A) $110,000,000 shall be for the Technology 
                Innovation Program under section 28 of the National 
                Institute of Standards and Technology Act (15 U.S.C. 
                278n), of which at least $45,000,000 shall be for new 
                awards; and
                    (B) $112,968,000 shall be for the Manufacturing 
                Extension Partnership program under sections 25 and 26 
                of the National Institute of Standards and Technology 
                Act (15 U.S.C. 278k and 278l), of which not more than 
                $1,000,000 shall be for the competitive grant program 
                under section 25(f) of such Act;
            (2) $263,505,000 for fiscal year 2009, of which--
                    (A) $141,500,000 shall be for the Technology 
                Innovation Program under section 28 of the National 
                Institute of Standards and Technology Act (15 U.S.C. 
                278n), of which at least $45,000,000 shall be for new 
                awards; and
                    (B) $122,005,000 shall be for the Manufacturing 
                Extension Partnership Program under sections 25 and 26 
                of the National Institute of Standards and Technology 
                Act (15 U.S.C. 278k and 278l), of which not more than 
                $4,000,000 shall be for the competitive grant program 
                under section 25(f) of such Act; and
            (3) $282,266,000 for fiscal year 2010, of which--
                    (A) $150,500,000 shall be for the Technology 
                Innovation Program under section 28 of the National 
                Institute of Standards and Technology Act (15 U.S.C. 
                278n), of which at least $45,000,000 shall be for new 
                awards; and
                    (B) $131,766,000 shall be for the Manufacturing 
                Extension Partnership Program under sections 25 and 26 
                of the National Institute of Standards and Technology 
                Act (15 U.S.C. 278k and 278l), of which not more than 
                $4,000,000 shall be for the competitive grant program 
                under section 25(f) of such Act.

           TITLE II--INNOVATION AND TECHNOLOGY POLICY REFORMS

SEC. 201. INSTITUTE-WIDE PLANNING REPORT.

    Section 23 of the National Institute of Standards and Technology 
Act (15 U.S.C. 278i) is amended by adding at the end the following new 
subsections:
    ``(c) Concurrent with the submission to Congress of the President's 
annual budget request in the first year after the date of enactment of 
the Technology Innovation and Manufacturing Stimulation Act of 2007, 
the Director shall transmit to the Congress a 3-year programmatic 
planning document for the Institute, including programs under the 
Scientific and Technical Research and Services, Industrial Technology 
Services, and Construction of Research Facilities functions.
    ``(d) Concurrent with the submission to the Congress of the 
President's annual budget request in each year after the date of 
enactment of the Technology Innovation and Manufacturing Stimulation 
Act of 2007, the Director shall transmit to the Congress an update to 
the 3-year programmatic planning document transmitted under subsection 
(c), revised to cover the first 3 fiscal years after the date of that 
update.''.

SEC. 202. REPORT BY VISITING COMMITTEE.

    Section 10(h)(1) of the National Institute of Standards and 
Technology Act (15 U.S.C. 278(h)(1)) is amended--
            (1) by striking ``on or before January 31 in each year'' 
        and inserting ``within 30 days after the submission to Congress 
        of the President's annual budget request in each year''; and
            (2) by adding to the end the following: ``Such report also 
        shall comment on the programmatic planning document and updates 
        thereto transmitted to the Congress by the Director under 
        section 23(c) and (d).''.

SEC. 203. MANUFACTURING EXTENSION PARTNERSHIP.

    (a) MEP Advisory Board.--Section 25 of the National Institute of 
Standards and Technology Act (15 U.S.C. 278k) is amended by adding at 
the end the following new subsection:
    ``(e) MEP Advisory Board.--(1) There is established within the 
Institute a Manufacturing Extension Partnership Advisory Board (in this 
Act referred to as the `MEP Advisory Board'). The MEP Advisory Board 
shall consist of 10 members broadly representative of stakeholders, to 
be appointed by the Director. At least 2 members shall be employed by 
or on an advisory board for the Centers, and at least 5 other members 
shall be from United States small businesses in the manufacturing 
sector. No member shall be an employee of the Federal Government.
    ``(2)(A) Except as provided in subparagraph (B) or (C), the term of 
office of each member of the MEP Advisory Board shall be 3 years.
    ``(B) The original members of the MEP Advisory Board shall be 
appointed to 3 classes. One class of 3 members shall have an initial 
term of 1 year, one class of 3 members shall have an initial term of 2 
years, and one class of 4 members shall have an initial term of 3 
years.
    ``(C) Any member appointed to fill a vacancy occurring prior to the 
expiration of the term for which his predecessor was appointed shall be 
appointed for the remainder of such term.
    ``(D) Any person who has completed two consecutive full terms of 
service on the MEP Advisory Board shall thereafter be ineligible for 
appointment during the one-year period following the expiration of the 
second such term.
    ``(3) The MEP Advisory Board shall meet no less than 2 times 
annually, and provide to the Director--
            ``(A) advice on Manufacturing Extension Partnership 
        programs, plans, and policies;
            ``(B) assessments of the soundness of Manufacturing 
        Extension Partnership plans and strategies; and
            ``(C) assessments of current performance against 
        Manufacturing Extension Partnership program plans.
    ``(4) In discharging its duties under this subsection, the MEP 
Advisory Board shall function solely in an advisory capacity, in 
accordance with the Federal Advisory Committee Act.
    ``(5) The MEP Advisory Board shall transmit an annual report to the 
Secretary for transmittal to the Congress within 30 days after the 
submission to the Congress of the President's annual budget request in 
each year. Such report shall address the status of the Manufacturing 
Extension Partnership program and comment on the relevant sections of 
the programmatic planning document and updates thereto transmitted to 
the Congress by the Director under section 23(c) and (d).''.
    (b) Acceptance of Funds.--Section 25(d) of the National Institute 
of Standards and Technology Act (15 U.S.C. 278k(d)) is amended to read 
as follows:
    ``(d) Acceptance of Funds.--In addition to such sums as may be 
appropriated to the Secretary and Director to operate the Centers 
program, the Secretary and Director also may accept funds from other 
Federal departments and agencies and under section 2(c)(7) from the 
private sector for the purpose of strengthening United States 
manufacturing. Such funds, if allocated to a Center or Centers, shall 
not be considered in the calculation of the Federal share of capital 
and annual operating and maintenance costs under subsection (c).''.
    (c) Manufacturing Extension Center Competitive Grant Program.--
Section 25 of the National Institute of Standards and Technology Act 
(15 U.S.C. 278k), as amended by subsection (a) of this section, is 
further amended by adding at the end the following new subsection:
    ``(f) Competitive Grant Program.--
            ``(1) Establishment.--The Director shall establish, within 
        the Manufacturing Extension Partnership program under this 
        section and section 26 of this Act, a program of competitive 
        awards among participants described in paragraph (2) for the 
        purposes described in paragraph (3).
            ``(2) Participants.--Participants receiving awards under 
        this subsection shall be the Centers, or a consortium of such 
        Centers.
            ``(3) Purpose.--The purpose of the program under this 
        subsection is to develop projects to solve new or emerging 
        manufacturing problems as determined by the Director, in 
        consultation with the Director of the Manufacturing Extension 
        Partnership program, the Manufacturing Extension Partnership 
        Advisory Board, and small and medium-sized manufacturers. One 
        or more themes for the competition may be identified, which may 
        vary from year to year, depending on the needs of manufacturers 
        and the success of previous competitions. These themes shall be 
        related to projects associated with manufacturing extension 
        activities, including supply chain integration and quality 
        management, and including the transfer of technology based on 
        the technological needs of manufacturers and available 
        technologies from institutions of higher education, 
        laboratories, and other technology producing entities, or 
        extend beyond these traditional areas.
            ``(4) Applications.--Applications for awards under this 
        subsection shall be submitted in such manner, at such time, and 
        containing such information as the Director shall require, in 
        consultation with the Manufacturing Extension Partnership 
        Advisory Board.
            ``(5) Selection.--Awards under this subsection shall be 
        peer reviewed and competitively awarded. The Director shall 
        select proposals to receive awards--
                    ``(A) that utilize innovative or collaborative 
                approaches to solving the problem described in the 
                competition;
                    ``(B) that will improve the competitiveness of 
                industries in the region in which the Center or Centers 
                are located; and
                    ``(C) that will contribute to the long-term 
                economic stability of that region.
            ``(6) Program contribution.--Recipients of awards under 
        this subsection shall not be required to provide a matching 
        contribution.''.

SEC. 204. TECHNOLOGY INNOVATION PROGRAM.

    Section 28 of the National Institute of Standards and Technology 
Act (15 U.S.C. 278n) is amended to read as follows:

                    ``technology innovation program

    ``Sec. 28.  (a) Establishment.--There is established in the 
Institute a Technology Innovation Program for the purpose of assisting 
United States businesses and institutions of higher education or other 
organizations, such as national laboratories and nonprofit research 
institutes, to accelerate the development and application of 
challenging, high-risk technologies that promise widespread economic 
benefits for the Nation.
    ``(b) Grants.--
            ``(1) In general.--The Director shall make grants under 
        this section to eligible companies for research and development 
        on high-risk, high-payoff emerging and enabling technologies 
        that offer significant potential benefits to the United States 
        economy and a wide breadth of potential application, and form 
        an important technical basis for future innovations. Such 
        grants shall be made to eligible companies that are--
                    ``(A) small or medium-sized businesses that are 
                substantially involved in the research and development, 
                including having a leadership role in programmatically 
                steering the project and defining the research agenda; 
                or
                    ``(B) joint ventures.
            ``(2) Single company grants.--No grant made under paragraph 
        (1)(A) shall exceed $3,000,000 over 3 years. The Federal share 
        of a project funded by such a grant shall not be more than 50 
        percent of total project costs. An award under paragraph (1)(A) 
        may be extended beyond 3 years only if the Director transmits 
        to the Committee on Science and Technology of the House of 
        Representatives and the Committee on Commerce, Science, and 
        Transportation of the Senate a full and complete explanation of 
        such award, including reasons for exceeding 3 years. Federal 
        funds granted under paragraph (1)(A) may be used only for 
        direct costs and not for indirect costs, profits, or management 
        fees of a contractor.
            ``(3) Joint venture grants.--No grant made under paragraph 
        (1)(B) shall exceed $9,000,000 over 5 years. The Federal share 
        of a project funded by such a grant shall not be more than 50 
        percent of total project costs.
    ``(c) Award Criteria.--The Director shall award grants under this 
section only to an eligible company--
            ``(1) whose proposal has scientific and technological 
        merit;
            ``(2) whose application establishes that the proposed 
        technology has strong potential to generate substantial 
        benefits to the Nation that extend significantly beyond the 
        direct return to the applicant;
            ``(3) whose application establishes that the research has 
        strong potential for advancing the state-of-the-art and 
        contributing significantly to the United States scientific and 
        technical knowledge base;
            ``(4) whose application establishes that the research is 
        aimed at overcoming a scientific or technological barrier;
            ``(5) who has provided a technical plan that clearly 
        identifies the core innovation, the technical approach, major 
        technical hurdles, and the attendant risks, and that clearly 
        establishes the feasibility of the technology through 
        adequately detailed plans linked to major technical barriers;
            ``(6) whose application establishes that the team proposed 
        to carry out the work has a high level of scientific and 
        technical expertise to conduct research and development, has a 
        high level of commitment to the project, and has access to 
        appropriate research facilities;
            ``(7) whose proposal explains why Technology Innovation 
        Program support is necessary;
            ``(8) whose application includes a plan for advancing the 
        technology into commercial use; and
            ``(9) whose application assesses the project's 
        organizational structure and management plan.
    ``(d) External Review of Proposals.--In order to analyze the need 
for or the value of any proposal made by a joint venture or company 
requesting the Director's assistance under this section, or to monitor 
the progress of any project which receives funds under this section, 
the Director shall consult with industry or other expert sources that 
do not have a proprietary or financial interest in the proposal or 
project.
    ``(e) Intellectual Property Rights Ownership.--
            ``(1) In general.--Title to any intellectual property 
        developed by a joint venture from assistance provided under 
        this section may vest in any participant in the joint venture, 
        as agreed by the members of the joint venture, notwithstanding 
        section 202(a) and (b) of title 35, United States Code. The 
        United States may reserve a nonexclusive, nontransferable, 
        irrevocable paid-up license, to have practiced for or on behalf 
        of the United States in connection with any such intellectual 
        property, but shall not in the exercise of such license 
        publicly disclose proprietary information related to the 
        license. Title to any such intellectual property shall not be 
        transferred or passed, except to a participant in the joint 
        venture, until the expiration of the first patent obtained in 
        connection with such intellectual property.
            ``(2) Licensing.--Nothing in this subsection shall be 
        construed to prohibit the licensing to any company of 
        intellectual property rights arising from assistance provided 
        under this section.
            ``(3) Definition.--For purposes of this subsection, the 
        term `intellectual property' means an invention patentable 
        under title 35, United States Code, or any patent on such an 
        invention, or any work for which copyright protection is 
        available under title 17, United States Code.
    ``(f) Program Operation.--Not later than 9 months after the date of 
enactment of the Technology Innovation and Manufacturing Stimulation 
Act of 2007, the Director shall issue regulations--
            ``(1) establishing criteria for the selection of recipients 
        of assistance under this section;
            ``(2) establishing procedures regarding financial reporting 
        and auditing to ensure that contracts and awards are used for 
        the purposes specified in this section, are in accordance with 
        sound accounting practices, and are not funding existing or 
        planned research programs that would be conducted in the same 
        time period in the absence of financial assistance under this 
        section; and
            ``(3) providing for appropriate dissemination of Technology 
        Innovation Program research results.
    ``(g) Continuation of ATP Grants.--The Director shall, through the 
Technology Innovation Program, continue to provide support originally 
awarded under the Advanced Technology Program, in accordance with the 
terms of the original award.
    ``(h) Coordination With Other Federal Technology Programs.--In 
carrying out this section, the Director shall, as appropriate, 
coordinate with other senior Federal officials to ensure cooperation 
and coordination in Federal technology programs and to avoid 
unnecessary duplication of efforts.
    ``(i) Acceptance of Funds From Other Federal Agencies.--In addition 
to amounts appropriated to carry out this section, the Secretary and 
the Director may accept funds from other Federal agencies to support 
awards under the Technology Innovation Program. Any award under this 
section which is supported with funds from other Federal agencies shall 
be selected and carried out according to the provisions of this 
section.
    ``(j) TIP Advisory Board.--
            ``(1) Establishment.--There is established within the 
        Institute a Technology Innovation Program Advisory Board. The 
        TIP Advisory Board shall consist of 10 members appointed by the 
        Director, at least 7 of which shall be from United States 
        industry, chosen to reflect the wide diversity of technical 
        disciplines and industrial sectors represented in Technology 
        Innovation Program projects. No member shall be an employee of 
        the Federal Government.
            ``(2) Terms of office.--(A) Except as provided in 
        subparagraph (B) or (C), the term of office of each member of 
        the TIP Advisory Board shall be 3 years.
            ``(B) The original members of the TIP Advisory Board shall 
        be appointed to 3 classes. One class of 3 members shall have an 
        initial term of 1 year, one class of 3 members shall have an 
        initial term of 2 years, and one class of 4 members shall have 
        an initial term of 3 years.
            ``(C) Any member appointed to fill a vacancy occurring 
        prior to the expiration of the term for which his predecessor 
        was appointed shall be appointed for the remainder of such 
        term.
            ``(D) Any person who has completed two consecutive full 
        terms of service on the TIP Advisory Board shall thereafter be 
        ineligible for appointment during the one-year period following 
        the expiration of the second such term.
            ``(3) Purpose.--The TIP Advisory Board shall meet no less 
        than 2 times annually, and provide to the Director--
                    ``(A) advice on programs, plans, and policies of 
                the Technology Innovation Program;
                    ``(B) reviews of the Technology Innovation 
                Program's efforts to assess its economic impact;
                    ``(C) reports on the general health of the program 
                and its effectiveness in achieving its legislatively 
                mandated mission;
                    ``(D) guidance on areas of technology that are 
                appropriate for Technology Innovation Program funding; 
                and
                    ``(E) recommendations as to whether, in order to 
                better assess whether specific innovations to be 
                pursued are being adequately supported by the private 
                sector, the Director could benefit from advice and 
                information from additional industry and other expert 
                sources without a proprietary or financial interest in 
                proposals being evaluated.
            ``(4) Advisory capacity.--In discharging its duties under 
        this subsection, the TIP Advisory Board shall function solely 
        in an advisory capacity, in accordance with the Federal 
        Advisory Committee Act.
            ``(5) Annual report.--The TIP Advisory Board shall transmit 
        an annual report to the Secretary for transmittal to the 
        Congress within 30 days after the submission to Congress of the 
        President's annual budget request in each year. Such report 
        shall address the status of the Technology Innovation Program 
        and comment on the relevant sections of the programmatic 
        planning document and updates thereto transmitted to the 
        Congress by the Director under section 23(c) and (d).
    ``(k) Definitions.--For purposes of this section--
            ``(1) the term `eligible company' means a company that is 
        incorporated in the United States and does a majority of its 
        business in the United States, and that either--
                    ``(A) is majority owned by citizens of the United 
                States; or
                    ``(B) is owned by a parent company incorporated in 
                another country and the Director finds that--
                            ``(i) the company's participation in the 
                        Technology Innovation Program would be in the 
                        economic interest of the United States, as 
                        evidenced by--
                                    ``(I) investments in the United 
                                States in research and manufacturing 
                                (including the manufacture of major 
                                components or subassemblies in the 
                                United States);
                                    ``(II) significant contributions to 
                                employment in the United States; and
                                    ``(III) agreement with respect to 
                                any technology arising from assistance 
                                provided under this section to promote 
                                the manufacture within the United 
                                States of products resulting from that 
                                technology (taking into account the 
                                goals of promoting the competitiveness 
                                of United States industry); and
                            ``(ii) the company is incorporated in a 
                        country which--
                                    ``(I) affords to United States-
                                owned companies opportunities, 
                                comparable to those afforded to any 
                                other company, to participate in any 
                                joint venture similar to those 
                                receiving funding under this section;
                                    ``(II) affords to United States-
                                owned companies local investment 
                                opportunities comparable to those 
                                afforded any other company; and
                                    ``(III) affords adequate and 
                                effective protection for the 
                                intellectual property rights of United 
                                States-owned companies;
            ``(2) the term `institution of higher education' has the 
        meaning given that term in section 101 of the Higher Education 
        Act of 1965 (20 U.S.C. 1001);
            ``(3) the term `joint venture' means a joint venture that--
                    ``(A) includes either--
                            ``(i) at least 2 separately owned for-
                        profit companies that are both substantially 
                        involved in the project and both of which are 
                        contributing to the cost-sharing required under 
                        this section, with the lead entity of the joint 
                        venture being one of those companies that is a 
                        small or medium-sized business; or
                            ``(ii) at least one small or medium-sized 
                        business and one institution of higher 
                        education or other organization, such as a 
                        national laboratory or nonprofit research 
                        institute, that are both substantially involved 
                        in the project and both of which are 
                        contributing to the cost-sharing required under 
                        this section, with the lead entity of the joint 
                        venture being either that small or medium-sized 
                        business or that institution of higher 
                        education; and
                    ``(B) may include additional for-profit companies, 
                institutions of higher education, and other 
                organizations, such as national laboratories and 
                nonprofit research institutes, that may or may not 
                contribute non-Federal funds to the project; and
            ``(4) the term `TIP Advisory Board' means the advisory 
        board established under subsection (j).''.

SEC. 205. RESEARCH FELLOWSHIPS.

    Section 18 of the National Institute of Standards and Technology 
Act (15 U.S.C. 278g-l) is amended by striking ``up to 1 per centum of 
the'' and inserting ``up to 1.5 percent of the''.

SEC. 206. COLLABORATIVE MANUFACTURING RESEARCH PILOT GRANTS.

    The National Institute of Standards and Technology Act is amended--
            (1) by redesignating the first section 32 (15 U.S.C. 271 
        note) as section 34 and moving it to the end of the Act; and
            (2) by inserting before the section moved by paragraph (1) 
        the following new section:

``SEC. 33. COLLABORATIVE MANUFACTURING RESEARCH PILOT GRANTS.

    ``(a) Authority.--
            ``(1) Establishment.--The Director shall establish a pilot 
        program of awards to partnerships among participants described 
        in paragraph (2) for the purposes described in paragraph (3). 
        Awards shall be made on a peer-reviewed, competitive basis.
            ``(2) Participants.--Such partnerships shall include at 
        least--
                    ``(A) 1 manufacturing industry partner; and
                    ``(B) 1 nonindustry partner.
            ``(3) Purpose.--The purpose of the program under this 
        section is to foster cost-shared collaborations among firms, 
        educational institutions, research institutions, State 
        agencies, and nonprofit organizations to encourage the 
        development of innovative, multidisciplinary manufacturing 
        technologies. Partnerships receiving awards under this section 
        shall conduct applied research to develop new manufacturing 
        processes, techniques, or materials that would contribute to 
        improved performance, productivity, and competitiveness of 
        United States manufacturing, and build lasting alliances among 
        collaborators.
    ``(b) Program Contribution.--Awards under this section shall 
provide for not more than one-third of the costs of a partnership. Not 
more than an additional one-third of such costs may be obtained 
directly or indirectly from other Federal sources.
    ``(c) Applications.--Applications for awards under this section 
shall be submitted in such manner, at such time, and containing such 
information as the Director shall require. Such applications shall 
describe at a minimum--
            ``(1) how each partner will participate in developing and 
        carrying out the research agenda of the partnership;
            ``(2) the research that the grant would fund; and
            ``(3) how the research to be funded with the award would 
        contribute to improved performance, productivity, and 
        competitiveness of the United States manufacturing industry.
    ``(d) Selection Criteria.--In selecting applications for awards 
under this section, the Director shall consider at a minimum--
            ``(1) the degree to which projects will have a broad impact 
        on manufacturing;
            ``(2) the novelty and scientific and technical merit of the 
        proposed projects; and
            ``(3) the demonstrated capabilities of the applicants to 
        successfully carry out the proposed research.
    ``(e) Distribution.--In selecting applications under this section 
the Director shall ensure, to the extent practicable, a distribution of 
overall awards among a variety of manufacturing industry sectors and a 
range of firm sizes.
    ``(f) Duration.--In carrying out this section, the Director shall 
run a single pilot competition to solicit and make awards. Each award 
shall be for a 3-year period.''.

SEC. 207. MANUFACTURING FELLOWSHIP PROGRAM.

    Section 18 of the National Institute of Standards and Technology 
Act (15 U.S.C. 278g-1) is amended--
            (1) by inserting ``(a) In General.--'' before ``The 
        Director is authorized''; and
            (2) by adding at the end the following new subsection:
    ``(b) Manufacturing Fellowship Program.--
            ``(1) Establishment.--To promote the development of a 
        robust research community working at the leading edge of 
        manufacturing sciences, the Director shall establish a program 
        to award--
                    ``(A) postdoctoral research fellowships at the 
                Institute for research activities related to 
                manufacturing sciences; and
                    ``(B) senior research fellowships to established 
                researchers in industry or at institutions of higher 
                education who wish to pursue studies related to the 
                manufacturing sciences at the Institute.
            ``(2) Applications.--To be eligible for an award under this 
        subsection, an individual shall submit an application to the 
        Director at such time, in such manner, and containing such 
        information as the Director may require.
            ``(3) Stipend levels.--Under this subsection, the Director 
        shall provide stipends for postdoctoral research fellowships at 
        a level consistent with the National Institute of Standards and 
        Technology Postdoctoral Research Fellowship Program, and senior 
        research fellowships at levels consistent with support for a 
        faculty member in a sabbatical position.''.

SEC. 208. MEETINGS OF VISITING COMMITTEE ON ADVANCED TECHNOLOGY.

    Section 10(d) of the National Institute of Standards and Technology 
Act (15 U.S.C. 278(d)) is amended by striking ``quarterly'' and 
inserting ``twice each year''.

                        TITLE III--MISCELLANEOUS

SEC. 301. POST-DOCTORAL FELLOWS.

    Section 19 of the National Institute of Standards and Technology 
Act (15 U.S.C. 278g-2) is amended by striking ``nor more than 60 new 
fellows'' and inserting ``nor more than 120 new fellows''.

SEC. 302. FINANCIAL AGREEMENTS CLARIFICATION.

    Section 2(b)(4) of the National Institute of Standards and 
Technology Act (15 U.S.C. 272(b)(4)) is amended by inserting ``and 
grants and cooperative agreements,'' after ``arrangements,''.

SEC. 303. WORKING CAPITAL FUND TRANSFERS.

    Section 12 of the National Institute of Standards and Technology 
Act (15 U.S.C. 278b) is amended by adding at the end the following:
    ``(g) Amount and Source of Transfers.--Not more than one-quarter of 
one percent of the amounts appropriated to the Institute for any fiscal 
year may be transferred to the fund, in addition to any other transfer 
authority. In addition, funds provided to the Institute from other 
Federal agencies for the purpose of production of Standard Reference 
Materials may be transferred to the fund.''.

SEC. 304. RETENTION OF DEPRECIATION SURCHARGE.

    Section 14 of the National Institute of Standards and Technology 
Act (15 U.S.C. 278d) is amended--
            (1) by inserting ``(a) In General.--'' before ``Within''; 
        and
            (2) by adding at the end the following:
    ``(b) Retention of Fees.--The Director is authorized to retain all 
building use and depreciation surcharge fees collected pursuant to OMB 
Circular A-25. Such fees shall be collected and credited to the 
Construction of Research Facilities Appropriation Account for use in 
maintenance and repair of the Institute's existing facilities.''.

SEC. 305. NON-ENERGY INVENTIONS PROGRAM.

    Section 27 of the National Institute of Standards and Technology 
Act (15 U.S.C. 278m) is repealed.

SEC. 306. REDEFINITION OF THE METRIC SYSTEM.

    Section 3570 of the Revised Statues of the United States (derived 
from section 2 of the Act of July 28, 1866, entitled ``An Act to 
authorize the Use of the Metric System of Weights and Measures'' (15 
U.S.C. 205; 14 Stat. 339)) is amended to read as follows:

``SEC. 3570. METRIC SYSTEM DEFINED.

    ``The metric system of measurement shall be defined as the 
International System of Units as established in 1960, and subsequently 
maintained, by the General Conference of Weights and Measures, and as 
interpreted or modified for the United States by the Secretary of 
Commerce.''.

SEC. 307. REPEAL OF REDUNDANT AND OBSOLETE AUTHORITY.

    The Act of July 21, 1950, entitled ``An Act To redefine the units 
and establish the standards of electrical and photometric 
measurements'' (15 U.S.C. 223 and 224) is repealed.

SEC. 308. CLARIFICATION OF STANDARD TIME AND TIME ZONES.

    (a) Section 1 of the Act of March 19, 1918, (commonly known as the 
``Calder Act'') (15 U.S.C. 261) is amended--
            (1) by striking the second sentence and the extra period 
        after it and inserting ``Except as provided in section 3(a) of 
        the Uniform Time Act of 1966 (15 U.S.C. 260a), the standard 
        time of the first zone shall be Coordinated Universal Time 
        retarded by 4 hours; that of the second zone retarded by 5 
        hours; that of the third zone retarded by 6 hours; that of the 
        four zone retarded by 7 hours; that of the fifth zone retarded 
        by 8 hours; that of the sixth zone retarded by 9 hours; that of 
        the seventh zone retarded by 10 hours; that of the eighth zone 
        retarded by 11 hours; and that of the ninth zone shall be 
        Coordinated Universal Time advanced by 10 hours.''; and
            (2) by adding at the end the following: ``In this section, 
        the term `Coordinated Universal Time' means the time scale 
        maintained through the General Conference of Weights and 
        Measures and interpreted or modified for the United States by 
        the Secretary of Commerce in coordination with the Secretary of 
        the Navy.''
    (b) Section 3 of the Act of March 19, 1918, (commonly known as the 
``Calder Act'') (15 U.S.C. 264) is amended by striking ``third zone'' 
and inserting ``fourth zone''.

SEC. 309. PROCUREMENT OF TEMPORARY AND INTERMITTENT SERVICES.

    (a) In General.--The Director of the National Institute of 
Standards and Technology may procure the temporary or intermittent 
services of experts or consultants (or organizations thereof) in 
accordance with section 3109(b) of title 5, United States Code to 
assist on urgent or short-term research projects.
    (b) Extent of Authority.--A procurement under this section may not 
exceed 1 year in duration, and the Director shall procure no more than 
200 experts and consultants per year.
    (c) Sunset.--This section shall cease to be effective after 
September 30, 2010.
    (d) Report to Congress.--Not later than 2 years after the date of 
enactment of this Act, the Comptroller General shall report to the 
Committee on Science and Technology of the House of Representatives and 
the Committee on Commerce, Science, and Transportation of the Senate on 
whether additional safeguards would be needed with respect to the use 
of authorities granted under this section if such authorities were to 
be made permanent.

SEC. 310. MALCOLM BALDRIGE AWARDS.

    Section 17(c)(3) of the Stevenson-Wydler Technology Innovation Act 
of 1980 (15 U.S.C. 3711a(c)(3)) is amended to read as follows:
    ``(3) In any year, not more than 18 awards may be made under this 
section to recipients who have not previously received an award under 
this section, and no award shall be made within any category described 
in paragraph (1) if there are no qualifying enterprises in that 
category.''.
                                                  Union Calendar No. 69

110th CONGRESS

  1st Session

                               H. R. 1868

                          [Report No. 110-115]

_______________________________________________________________________

                                 A BILL

To authorize appropriations for the National Institute of Standards and 
    Technology for fiscal years 2008, 2009, and 2010, and for other 
                               purposes.

_______________________________________________________________________

                             April 30, 2007

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed