[House Report 110-115]
[From the U.S. Government Publishing Office]





110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    110-115

======================================================================



 
    TECHNOLOGY INNOVATION AND MANUFACTURING STIMULATION ACT OF 2007

                                _______
                                

 April 30, 2007.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

Mr. Gordon of Tennessee, from the Committee on Science and Technology, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 1868]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Science and Technology, to whom was referred 
the bill (H.R. 1868) to authorize appropriations for the 
National Institute of Standards and Technology for fiscal years 
2008, 2009, and 2010, and for other purposes, having considered 
the same, report favorably thereon with an amendment and 
recommend that the bill as amended do pass.



                            C O N T E N T S

                              ----------                              
                                                                   Page
   I. Amendment.......................................................2
  II. Purpose of the Bill............................................10
 III. Background and Need for the Legislation........................10
  IV. Hearing Summary................................................12
   V. Committee Actions..............................................14
  VI. Summary of Major Provisions of the Bill........................15
 VII. Section-by-Section Analysis....................................15
VIII. Committee Views................................................19
  IX. Cost Estimate..................................................21
   X. Congressional Budget Office Cost Estimate......................21
  XI. Compliance with Public Law 104-4 (Unfunded Mandates)...........24
 XII. Committee Oversight Findings and Recommendations...............24
XIII. Statement on General Performance Goals and Objectives..........24
 XIV. Constitutional Authority Statement.............................24
  XV. Federal Advisory Committee Statement...........................24
 XVI. Congressional Accountability Act...............................24
XVII. Earmark Identification.........................................24
XVIII.Statement on Preemption of State, Local, or Tribal Law.........24

 XIX. Changes in Existing Laws Made by the Bill, As Reported.........25
  XX. Committee Recommendations......................................42
 XXI. Minority Views.................................................42
XXII. Proceedings of Subcommittee Markup.............................43
XXIII.Proceedings of Full Committee Markup...........................90


                              I. Amendment

  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

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.''.

                        II. Purpose of the Bill

    The purpose of this bill is to authorize appropriations for 
fiscal years 2008, 2009, and 2010 for the National Institute of 
Standards and Technology (NIST) and to require a triennial 
planning document for the Institute; to establish advisory 
boards for the Institute's two industrial technology programs; 
to create manufacturing science grant programs and research 
fellowships; to create a new technology innovation program; and 
to make technical corrections to the NIST statute.

                III. Background and Need for Legislation

    Founded in 1901, the National Institute of Standards and 
Technology (NIST) has developed and promoted measurement, 
standards, and technology to enhance productivity, facilitate 
trade, and improve quality of life. NIST is a non-regulatory 
agency of the U.S. Commerce Department's Technology 
Administration.
    NIST operates in two primary locations: Gaithersburg, MD 
and Boulder, CO. It also operates two institutes jointly with 
other organizations: the Center for Advanced Research in 
Biotechnology in Rockville, MD (with the University of 
Maryland) and JILA in Boulder, CO (with the University of 
Colorado).
    NIST's staff includes approximately 2,700 scientist, 
engineers, technicians, and support personnel. In addition, 
1,800 associates complement the staff, and NIST partners with 
about 1,500 manufacturing specialists and staff at affiliated 
centers around the country. Three NIST scientists have earned 
the Nobel Prize in the last 10 years.
    NIST carries out its mission through four cooperative 
programs:
     The NIST laboratories conduct research supporting 
U.S. technology infrastructure by developing tools to measure, 
evaluate, and standardize, enabling U.S. companies to innovate 
and remain competitive.
     The Baldrige National Quality Program promotes 
excellence among U.S manufacturers, service companies, 
educational institutions, and health care providers; conducts 
outreach programs; and manages the annual Malcolm Baldrige 
National Quality Award recognizing performance excellence and 
quality among businesses, and education, health care and 
nonprofit organizations.
     The Manufacturing Extension Partnership (MEP) 
offers technical and business assistance services to improve 
the productivity and competitiveness of small manufacturers 
through a nationwide network of local centers. The centers are 
funded by a one-third equal match from Federal funds, State 
funds, and fees charged for services.
     The Advanced Technology Program (ATP) accelerates 
the development of high-risk, innovative technologies that 
promise broad benefits for the nation by co-funding R&D 
partnerships with the private sector, including universities.
    In addition, NIST operates two national research 
facilities:
     The NIST Center for Neutron Research (NCNR) 
provides an intense source of neutrons used to probe the 
molecular and atomic structure and dynamics of a wide range of 
materials. This facility is used heavily by industry. In 2006, 
researchers from over 40 national labs, 140 U.S. universities, 
and 60 U.S. companies conducted research at the facility in 
collaboration with NIST scientists.
     The Center for Nanoscale Science and Technology 
(CNST) leverages the unique capabilities of the NIST Advanced 
Measurement Laboratory complex, providing state-of-the-art 
facilities for nanomanufacturing and nanometrology where 
industry, universities and other Federal laboratories can 
collaborate in solving critical measurement and fabrication 
issues necessary to convert nanoscale discoveries into 
products.
    The Administration's American Competitiveness Initiative 
(ACI) calls for a 10-year doubling of the funding of the NIST 
laboratories, in recognition of the contribution basic 
measurement and standardization science makes to American 
innovation. However, in recent years the budget requests for 
both ATP and MEP have recommended significant funding cuts to 
both programs, with Congress generally restoring the funding.
    NIST's last comprehensive authorization was by the American 
Technology Preeminence Act of 1991 (P.L. 102-245, enacted in 
1992) which authorized all of NIST's programs for fiscal years 
1992 and 1993. A portion of NIST was most recently authorized 
by the Technology Administration Act of 1998 (P.L. 105-309, 
enacted in 1998), which authorized only the laboratory programs 
of the Institute for fiscal years 1998 and 1999. Since those 
bills, NIST has submitted legislative authorization requests to 
the Congress (most recently in 2002) and completed a major 
laboratory upgrade at its Gaithersburg, MD campus (the Advanced 
Metrology Laboratory). It has also embarked on laboratory 
upgrades to its Boulder, CO campus and requested funds for 
upgrades to the Center for Neutron Research. In addition, 
starting in FY07 the NIST budget request has included 
significant increases for its laboratory activities.

                          IV. Hearing Summary

    On Thursday, February 15, 2007, the Technology and 
Innovation Subcommittee of the House Committee on Science and 
Technology held a hearing to consider the President's fiscal 
year 2008 (FY08) budget request for the National Institute of 
Standards and Technology (NIST).
    The Subcommittee heard testimony from: (1) Dr. William 
Jeffrey, Director of NIST; (2) Dr. Stan Williams, Senior HP 
Fellow in Quantum Science Research for the Hewlett-Packard 
Corporation, testifying on behalf of the Alliance for Science 
and Technology Research in America (ASTRA); (3) Mr. Michael 
Borrus, General Partner in X/Seed Capital; (4) Mr. Peter 
Murray, Vice President of Welch Allyn, Inc.; (5) Mr. Michael 
Ryan, President and CEO of TUG Technologies Corporation.
    Dr. Jeffrey began his testimony by highlighting some of 
NIST's achievements, noting that research at the Institute's 
laboratories offer a benefit-to-cost ratio of 44 to 1 for 
taxpayer investment, and that in the past decade three NIST 
researchers have won the Noble Prize. He also stated that:

           NIST is working with industry to identify 
        technical barriers to innovation and to stimulate 
        knowledge transfer from the labs to industry.
           The budget request for FY08 is $640.7 
        million. Under this budget, $594.4 million would go to 
        NIST core activities, including capacity and capability 
        improvements for the Boulder labs and the NIST Center 
        for Neutron Research (NCNR) in Gaithersburg. $46.3 
        million would go to the Manufacturing Extension 
        Partnership (MEP).
           NIST will continue to execute MEP as 
        effectively as possible, regardless of funding. (Dr. 
        Jeffrey did state at the hearing that because of the 
        reduced funding for the program, NIST would open a re-
        competition for the MEP Centers. However, in a February 
        26, 2007 follow-up memo inserted in the hearing record, 
        NIST announced that it would not re-compete the 
        Centers.)
           The Advanced Technology Program (ATP) was 
        scheduled to be phased out after FY06, but because 
        funding for the program is in the FY07 Joint Budget 
        Resolution, NIST will instead continue the program, 
        including making new awards in FY07.
           Though both MEP and ATP have produced 
        results for the Nation's manufacturing community and 
        the economy as a whole, the Administration does not 
        believe that their function is a proper role for the 
        Federal government. However, the Federal government 
        does have three important roles to play in MEP: (1) 
        propagating new ideas, like the principles of lean 
        manufacturing, throughout the Nation's industrial 
        network; (2) ensuring the MEP Centers maintain a high 
        level of quality; and (3) ensuring the MEP Centers stay 
        focused on small manufacturers.
           The Administration does not have a plan for 
        how MEP would operate under the proposed budget 
        request.

    Dr. Williams, testifying on behalf of the Alliance for 
Science and Technology Research in America (ASTRA), stressed 
that one of NIST's most vital roles is providing verified, 
technical data to the scientific community, acting as a check 
on the conflicting and confusing results that can emerge from 
research labs. He also emphasized that today's scientific 
advancements, more than ever, rely on exquisite measurements 
for discovery and innovation, and thus NIST must continue to 
play a leading role in this area. Dr. Williams noted in 
particular that:

           NIST staff is currently stretched too thin. 
        Mission creep at the labs is burdening researchers with 
        too many projects, resulting in an overall slowing, and 
        potential loss of relevance, of technical information 
        to rapidly evolving scientific fields. NIST should 
        refrain from new responsibilities until all of its 
        present programs and projects are adequately funded and 
        staffed.
           Continuing to overtax NIST's research staff 
        could deter talented scientists from choosing to pursue 
        careers at NIST which would be tremendous loss for the 
        NIST enterprise.

    Dr. Williams noted further that ``ASTRA strongly recommends 
that all current NIST missions and programs, including the 
newly-created NIST Center for Nanoscale Science and Technology, 
the ATP and the MEP should be adequately funded and supported 
by Congress and the Administration under the doubling 
initiative. These programs are sound investments with high 
potential returns for American taxpayers.''
    Mr. Borrus stated that his view points on NIST and 
innovation have developed from his significant experience in 
studying, developing, and investing in high-risk, early-stage 
technological innovations. He made three major points:

           U.S. capital markets have seen significant 
        changes in the past 15 years. Their reluctance to 
        invest seed money in new technologies makes it 
        difficult for these potential innovations to cross the 
        ``valley of death'' and take products from the lab to 
        the market-place. This creates an ``urgent need'' for 
        the ATP to be substantially funded so that it can run 
        new competitions.
           The ATP is likely the most intensively 
        studied and scrutinized U.S. technology program of the 
        last 50 years, and its peer-reviewed, pork-free, merit-
        based competitions set the standard to which other 
        federal technology programs ought to aspire.
           The U.S. faces a series of major challenges 
        to which innovation is the necessary response, and the 
        right program to produce significant innovation is ATP.

    Mr. Borrus concluded: ``I recommend that Congress should 
reauthorize the ATP program, provide sufficient funding for ATP 
to run several competitions, both general and specific 
competitions focused in areas of acute need and . . . the 
Committee should consider ways that ATP might be stably and 
predictably funded over a long enough timeframe, perhaps a 
decade, to have a significant impact over time.''
    Mr. Murray, speaking as a client of the Oregon MEP, 
testified that the program was very successful at giving its 
clients customized, strategic results. He stated that the MEP 
consultants raised the capacity of the Welch-Allyn workforce. 
He also stated that the Oregon MEP Center would experience a 
``drastic reduction'' in the services it could offer to small 
manufacturers under the funding level proposed for MEP in the 
FY08 budget, and that this would have a direct impact on 
industry. He concluded: ``I firmly believe that the funding 
levels [for MEP] should be restored, and hopefully, with 
reason, expanded.''
    Mr. Ryan also spoke very enthusiastically about MEP, noting 
that he had had an opportunity to work with MEP Centers in five 
states. He noted that MEP Centers provide the synergy between 
innovative ideas and small manufacturers that allow them to be 
competitive in the global market. He concluded: ``I have found 
the MEP five times in five states. They are the solution. We 
should expand, not retract, our support of the MEP.''

                          V. Committee Actions

    As summarized in Section IV, the Subcommittee on Technology 
and Innovation heard testimony in the 100th Congress relevant 
to the provisions in H.R. 1868 on February 15, 2007.
    On April 19, 2007, the Subcommittee on Technology and 
Innovation met to consider H.R. 1868 and the following 
amendments to the bill:
    1. Mr. Wu and Mr. Gingrey offered an amendment to make 
technical corrections to the bill.
    2. Mr. Matheson offered an amendment to emphasize the need 
for technology transfer projects to be included in the 
Manufacturing Extension Center competitive grant program 
created in Section 203(c) of the bill.
    By unanimous consent, the amendments were considered en 
bloc, and were agreed to by voice vote. The bill as amended was 
then adopted by voice vote. Subcommittee Ranking Member Gingrey 
moved that the Subcommittee favorably report H.R. 1868 as 
amended to the full Committee, and the motion was agreed to by 
voice vote.
    On April 25, 2007, the full Science and Technology 
Committee met to consider H.R. 1868 as reported from the 
Subcommittee on Technology and Innovation. The Committee 
considered three amendments to the bill:
    1. Ms. Biggert offered an amendment to clarify that 
National Laboratories and nonprofit research institutes were 
eligible to participate as non-lead members of joint ventures 
under the Technology Innovation Program created in Section 204 
of the bill. Agreed to by voice vote.
    2. Dr. Gingrey offered an amendment to authorize NIST to 
enter into personal services contracts to obtain scientific and 
technical experts on a consulting basis. The authority would be 
capped at 200 contracts per year and would expire after 3 
years. Agreed to by voice vote.
    3. Ms. Johnson and Dr. Gingrey offered an amendment to 
raise the maximum number of annual awards under the Malcolm 
Baldrige National Quality Award Program to 18 and remove the 
category restrictions on awards. Agreed to by voice vote.
    The bill as amended was then adopted by voice vote. Ranking 
Member Hall moved that the Committee favorably report H.R. 1868 
as amended to the House, and the motion was agreed to by voice 
vote.

              VI. Summary of Major Provisions of the Bill

    Title I of H.R. 1868 authorizes $2.5 billion for the 
National Institute of Standards and Technology for fiscal years 
2008-2010, including $1.5 billion for scientific and technical 
research and services (STRS), $24 million for the Malcolm 
Baldrige National Quality Award Program; $230 million for 
construction and maintenance; $367 million for the 
Manufacturing Extension Partnership (MEP); and $402 million for 
the Technology Innovation Program (TIP), which is established 
in Section 204 of the bill to replace the Advanced Technology 
Program (ATP). Title II requires the Director to submit a 3-
year programmatic planning document and updates concurrent with 
the annual budget request, and requires the Visiting Committee 
on Advanced Technology (VCAT) to comment on this document; 
creates Advisory Boards for the MEP and TIP, which have 
significant industry representation and are required to comment 
on relevant sections of the programmatic planning document and 
updates; establishes a competitive grant program within MEP for 
MEP Centers or consortia of Centers to research manufacturing 
technologies; repeals the Advanced Technology Program and 
establishes the Technology Innovation Program, which will award 
cost-shared grants to small- and medium-sized businesses and 
joint ventures including universities and other organizations 
to pursue high-risk technologies with potential significant 
broad benefits to the Nation; and establishes a program of 
research fellowships at NIST in manufacturing sciences, and a 
program of collaborative manufacturing grants for industry and 
non-industry partnerships to pursue innovative, 
multidisciplinary manufacturing technologies. Title III makes a 
number of technical changes to the NIST statute.

                    VII. Section-by-Section Analysis


Section 1. Short title

    The Technology Innovation and Manufacturing Stimulation Act 
of 2007.

                TITLE I--AUTHORIZATION OF APPROPRIATIONS


Section 101. Scientific and technical research and services

    Authorizes $470.9 million in FY08, $497.8 million in FY09, 
and $537.6 million in FY10 for the NIST lab activities. 
Authorizes $7.9 million in FY08, $8.1 million in FY09, and $8.3 
million in FY10 for the Baldrige National Quality Award 
Program. Authorizes $93.9 million in FY08, $86.4 million in 
FY09, and $49.7 million for construction and maintenance of 
facilities.

Section 102. Industrial technology services

    Authorizes $110 million in FY08, $141.5 million in FY09, 
and $150.5 million in FY10 for the Technology Innovation 
Program (TIP), which replaces the existing Advanced Technology 
Program (ATP) (see Section 204). Requires that at least $45 
million in each year be for new TIP awards. Authorizes $113.0 
million in FY08, $122.0 million in FY09, and $131.8 million in 
FY10 for the Manufacturing Extension Partnership (MEP). Sets 
aside up to $1 million in FY08 and $4 million in FY09 and FY10 
from the MEP funds for a competitive grant program established 
in Section 203(c).

           TITLE II--INNOVATION AND TECHNOLOGY POLICY REFORMS


Section 201. Institute-wide planning report

    Requires the Director of NIST to submit a 3-year 
programmatic planning document for NIST to the Congress 
concurrent with the budget submission the first year after 
enactment, and then to submit yearly updates with each new 
budget submission.

Section 202. Report by Visiting Committee

    Changes the reporting requirement for the Visiting 
Committee on Advanced Technology (VCAT) to be due 30 days after 
the submission of the President's budget to Congress, and 
requires the VCAT to comment on the NIST Director's 3-year 
planning document.

Section 203. Manufacturing Extension Partnership

    Establishes the MEP Advisory Board, which consists of 10 
members appointed by the NIST Director, serving 3-year terms. 2 
members must be employed by or on advisory boards of the MEP 
Centers, and 5 others must be from small manufacturers. None 
can be Federal employees. The board meets no less than twice a 
year, and provides the NIST Director with advice on and 
assessments of MEP. It also comments on the relevant sections 
of the NIST Director's 3-year planning document at the same 
time as the VCAT. The Board is governed by the Federal Advisory 
Committee Act (FACA). Allows MEP to accept funds from other 
Federal agencies and from the private sector. Establishes the 
MEP competitive grants program for MEP Centers or consortia of 
Centers. The grants are peer reviewed and competitively awarded 
for Center(s) to conduct projects to solve new or emerging 
manufacturing problems. Awardees are not required to provide 
matching funds.

Section 204. Technology Innovation Program

    Repeals the existing Advanced Technology Program (ATP) 
statute and creates the Technology Innovation Program (TIP).
     Establishment--Creates the ``Technology Innovation 
Program'' with the purpose of assisting businesses and 
universities to accelerate the development of high-risk 
technologies that will have a broadly-based economic impact.
     Grants--Provides the Director of NIST with the 
authority to make grants under this program to either small or 
medium-sized businesses or joint ventures. For applicants that 
are single companies, they must be small or medium-sized 
businesses. Grants are for no more than $3 million over three 
years, but can be extended at no additional cost provided there 
is congressional notice. The funding may only be used for 
direct costs, and can not be more than 50 percent of total 
costs. Grants may also be made to joint ventures, which must be 
led by a small or medium business or a university and may 
include other organizations as non-lead partners. A joint 
venture grant may not exceed $9 million over five years and the 
federal share of the project must be no more than 50 percent.
     Award Criteria--Provides criteria for the 
selection of grants based upon scientific and technological 
merit, the project's potential for benefits that extend beyond 
direct return to the applicant, the inclusion of a technical 
planning document, the technical competence of the project team 
and the organizational structure and management plan, and an 
explanation of why TIP support is necessary.
     External Review of Proposals--Requires the 
Director to consult with industry or other expert sources with 
no proprietary or financial interest in the project to review 
the need for or value of any proposal.
     Intellectual Property Rights Ownership--Addresses 
allocation of intellectual property developed by a joint 
venture. Allows IP to vest to any participant as agreed to by 
the joint venture participants. In accordance with current law 
allows the Federal government to retain a license for any IP 
for U.S. government use only. Makes clear that joint venture 
participants can license their IP.
     Program Operation--Requires the Director to issue 
regulations within nine months of enactment for the operation 
of the program, including selection criteria, financial and 
audit procedures and dissemination of results.
     Continuation of ATP Grants--Requires the TIP to 
continue funding for awards made under the prior Advanced 
Technology Program.
     Coordination with Other Federal Technology 
Programs--Requires the Director to coordinate with other 
federal agencies to ensure there is no duplication of effort.
     Acceptance of Funds From Other Federal Agencies--
Allows NIST to accept funds from other Federal agencies to fund 
TIP awards. Any awards so funded must be selected and carried 
out as all other TIP awards.
     TIP Advisory Board--Establishes the TIP Advisory 
Board, which consists of 10 members appointed by the NIST 
Director, serving three-year terms. Seven members must be from 
U.S. industry, and none can be Federal employees. The board 
meets no less than twice a year, and provides the NIST Director 
with advice on and assessments of TIP. It also comments on the 
relevant sections of the NIST Director's three-year planning 
document at the same time as the VCAT. The Board is governed by 
the Federal Advisory Committee Act (FACA).
     Definitions--
         Eligible Company--is majority owned by U.S. 
        citizens or is owned by a parent company incorporated 
        in another country provided that the company's 
        participation is in U.S. economic interests, including 
        R&D investment in the U.S. and increasing U.S. 
        employment. Also, the country of incorporation must 
        afford similar opportunities for U.S. companies, and 
        provide for effective protection of IP rights.
         Joint Venture--includes either two separately 
        owned for-profit companies and the lead must be a small 
        or medium business or at least one small or medium 
        business and one institution of higher education where 
        either can be the lead. Joint ventures may include 
        additional for-profit companies, institutions of higher 
        education or other organizations such as National 
        Laboratories and nonprofit research organizations.

Section 205. Research fellowships

    Raises the amount NIST can spend on research fellowships 
from 1 percent to 1.5 percent of the total appropriations. This 
will also allow for additional manufacturing research 
fellowships as established in Section 207.

Section 206. Collaborative manufacturing research pilot grants

    Establishes a collaborative manufacturing research pilot 
grant program for partnerships between at least one industry 
and one non-industry partner, with the purpose of fostering 
collaboration and conducting applied research on manufacturing. 
The award can be no more than \1/3\ of the cost of the 
partnership, with no more than an additional \1/3\ coming from 
other Federal sources. Selection criteria for the awards are 
based on the breadth of impact of the project, the novelty and 
scientific merit of the proposal, and the demonstrated 
capability of the participants. Awards must be distributed 
among a range of industry sectors and firm sizes. NIST will run 
one pilot competition and awards will be for three years.

Section 207. Manufacturing fellowship program

    Establishes a program of postdoctoral and senior research 
fellowships at NIST in manufacturing sciences.

Section 208. Meetings of Visiting Committee on Advanced Technology

    Reduces the frequency of meetings for the Visiting 
Committee on Advanced Technology (VCAT) from quarterly to twice 
annually.

                        TITLE III--MISCELLANEOUS


Section 301. Post-doctoral fellows

    Raises the cap on the number of post-doctoral fellows that 
NIST can accept each year from 60 to 120.

Section 302. Financial agreements clarification

    Authorizes NIST to enter into grants and cooperative 
agreements, in addition to its current authority to enter into 
contracts and cooperative research and development agreements 
(CRADAs).

Section 303. Working Capital Fund transfers

    Authorizes NIST to transfer up to 0.25 percent of its total 
appropriations, and any funds from other agencies given to NIST 
to produce Standard Reference Materials, into the Working 
Capital Fund.

Section 304. Retention of depreciation surcharge

    Allows NIST to retain the building use and depreciation 
surcharge fees that are charged by the General Services 
Administration.

Section 305. Non-energy inventions program

    Repeals an outdated statute requiring the NIST Director to 
establish a program to evaluate inventions.

Section 306. Redefinition of the metric system

    Clarifies in statute that the metric system used in the 
U.S. is the modern system of metric measurement units.

Section 307. Repeal of redundant and obsolete authority

    Eliminates archaic, special-case language related to the 
definition of units of electrical and light measurement.

Section 308. Clarification of standard time and time zones

    Specifies that standard time in the U.S. is Coordinated 
Universal Time, and fixes technical problems in statute with 
the time zone definitions.

Section 309. Procurement of temporary and intermittent services

    Authorizes NIST to issue up to 200 personal services 
contracts per year to procure the temporary or intermittent 
services of scientific and technical experts and consultants. 
The authority expires in 2010, and the Comptroller General is 
required to report to the Congress on NIST's use of this 
authorization.

Section 310. Malcolm Baldrige Awards

    Raises to 18 the cap on the number of annual awards under 
the Malcolm Baldrige National Quality Award Program and removes 
category restrictions.

                         VIII. Committee Views

    In 1901, Congress created an agency with the instruction to 
address ``the solution of problems which arise in connection 
with standards.'' Today, we know this agency as the National 
Institute of Standards and Technology (NIST). Since its 
creation more than 100 years ago, NIST has worked at the 
cutting edge in the development of new technologies. From 
developing standards for fire hydrants in the early 1900s; to 
making the world's fastest computer, and the first one to rely 
upon solid state electronics, in 1950; to its groundbreaking 
work on the collapse of the World Trade Center Building in the 
wake of 9/11, NIST has improved the safety and quality of life 
for all Americans and enabled many of the more important break-
through technologies of the past 100 years.
    The Science and Technology Committee has always been a 
strong supporter of NIST and has been active in strengthening 
and expanding NIST's mission. NIST is a key component of the 
Nation's innovation agenda and future economic growth. H.R. 
1868 puts NIST's overall budget on a path to doubling over the 
next 10 years. This will allow for robust programs at NIST that 
support U.S. industry and improve quality of life.
    H.R. 1868 increases the NIST STRS account 8% each year. 
This will provide funding for research and metrology work in 
key areas such as biologics, healthcare IT, security of 
computer infrastructure and nanotechnologies. The Committee 
believes that in order to do first-class research, world-class 
engineers and scientists need first-class research facilities. 
Therefore, H.R. 1868 provides the funding to complete 
renovation and construction of facilities, including the 
Building 1 Extension construction at the Boulder, Colorado 
campus and upgrades to the NIST Center for Neutron Research at 
the Gaithersburg, Maryland campus.
    The Committee is concerned that NIST lacks a plan for its 
future research activities, even though it has requested 
significant funding increases in recent years. NIST issued a 
strategic plan, NIST 2010, in 2002. However, this plan has not 
been updated and NIST's budget requests have not always been 
consistent with this strategic plan. H.R. 1868 requires NIST to 
develop a three-year planning document, updated yearly, for all 
its programmatic activities--Scientific and Technical Research 
and Services (STRS), Industrial Technology Services (ITS), and 
Construction of Research Facilities. The Committee also 
requires NIST's industry-based advisory committee, the Visiting 
Committee on Advanced Technology, to publicly report on this 
planning document. NIST's primary mission is to support U.S. 
industry and competitiveness, so it is appropriate for the 
Visiting Committee to offer a private-sector perspective. The 
Committee believes this will be a useful document, not only to 
NIST, but to industry and Congress as well.
    The Science and Technology Committee has long been 
concerned about the health of the American manufacturing 
sector. This Committee created the Manufacturing Extension 
Partnership (MEP) in 1988 (P.L. 104-418). H.R. 1868 fully funds 
the MEP and also authorizes a yearly increase of 8%. MEP is a 
proven and highly successful public/private partnership that 
has supported our small- and medium-sized manufacturers. H.R. 
1868 establishes a competitive grant program to assist MEP 
Centers in developing new programs to help small and medium-
sized manufacturers facing new challenges.
    The Committee has been concerned about fluctuating budget 
requests for the MEP in recent years. We have been particularly 
concerned by the lack of Federal consultation with state MEP 
partners. H.R. 1868 requires the MEP Advisory Board to comment 
on the MEP component of NIST's planning document. Manufacturing 
has long been a major source of high-skill, high-paying jobs in 
the U.S. and we believe implementation of these provisions will 
go far in supporting our manufacturing sector.
    In addition to the MEP, H.R. 1868 establishes two other 
important manufacturing-related programs. The Collaborative 
Manufacturing Research Grants provide an opportunity to 
evaluate how innovation can be stimulated by supporting 
relationships among Federal Agencies, State agencies, community 
colleges, universities, non-profit organizations and companies. 
H.R. 1868 also establishes a manufacturing fellowship program 
at NIST. NIST, with its excellent track record in manufacturing 
science and relationship with industry, provides unique 
educational opportunities to candidates who wish to gain 
greater expertise in manufacturing education.
    The Science and Technology Committee is at the forefront of 
innovation policy in the United States. In 1988, the Science 
and Technology Committee created the Advanced Technology 
Program (ATP) (P.L. 104-418). Although the ATP has been a 
highly successful program, the global innovation environment 
has changed. Therefore, H.R. 1868 replaces the ATP with the 
Technology Innovation Program (TIP). Building upon lessons 
learned from the ATP, TIP responds to global innovation 
competition by funding high-risk, high-reward, pre-competitive 
technology development with high potential for public benefit, 
focusing on small- and medium-sized firms. TIP also 
acknowledges the important role universities play in the 
innovation cycle by allowing universities to fully participate 
in the program.

                           IX. Cost Estimate

    A cost estimate and comparison prepared by the Director of 
the Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974 has been timely submitted to 
the Committee on Science and Technology prior to the filing of 
this report and is included in Section X of this report 
pursuant to House Rule XIII, clause 3(c)(3).
    H.R. 1868 does not contain new budget authority, credit 
authority, or changes in revenues or tax expenditures. Assuming 
that the sums authorized under the bill are appropriated, H.R. 
1868 does authorize additional discretionary spending, as 
described in the Congressional Budget Office report on the 
bill, which is contained in Section X of this report.

              X. Congressional Budget Office Cost Estimate

                                                    April 27, 2007.
Hon. Bart Gordon,
Chairman, Committee on Science and Technology,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 1868, the 
Technology Innovation and Manufacturing Stimulation Act of 
2007.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Susan Willie.
            Sincerely,
                                                   Peter R. Orszag.
    Enclosure.

H.R. 1868--Technology Innovation and Manufacturing Stimulation Act of 
        2007

    Summary: H.R. 1868 would authorize appropriations for 
programs administered by the National Institute of Standards 
and Technology (NIST) for fiscal years 2008 through 2010. The 
bill also would establish a new fellowship program and 
authorize several new grant programs.
    Assuming appropriation of the authorized amounts, CBO 
estimates that implementing H.R. 1868 would cost $417 million 
in 2008 and $2.5 billion over the 2008-2012 period. The bill 
would allow NIST to accept and spend funds from private 
industries to support certain programs. Such collections would 
be recorded on the budget as revenues; CBO estimates the effect 
on federal revenues and direct spending would be insignificant.
    H.R. 1868 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA); 
the bill could benefit public institutions of higher education.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 1868 is shown in the following table. 
The costs of this legislation fall within budget function 370 
(commerce and housing credit).

----------------------------------------------------------------------------------------------------------------
                                                                     By fiscal year, in millions of dollars--
                                                                 -----------------------------------------------
                                                                   2007    2008    2009    2010    2011    2012
----------------------------------------------------------------------------------------------------------------
                                        SPENDING SUBJECT TO APPROPRIATION

NIST Spending Under Current Law:
    Budget Authoritya...........................................     604       0       0       0       0       0
    Estimated Outlays...........................................     361     154      41      30      11       6
Proposed Changes:
    Scientific and Technical Research and Services:
        Authorization Level.....................................       0     573     592     596       0       0
        Estimated Outlays.......................................       0     380     514     569     176      62
    Industrial Technology Services:
        Authorization Level.....................................       0     223     264     282       0       0
        Estimated Outlays.......................................       0      36     137     219     217     115
    Other Provisions:
        Estimated Authorization Level...........................       0       7      10      12       2       2
        Estimated Outlays.......................................       0       1       4       8       9       7
        Total Proposed Changes:
            Estimated Authorization Level.......................       0     803     866     891       2       2
            Estimated Outlays...................................       0     417     655     796     402     183
Total Spending NIST Under H.R. 1868:
    Estimated Authorization Levela..............................     604     803     866     890       2       2
    Estimated Outlays...........................................     361     571     696     826     413    189
----------------------------------------------------------------------------------------------------------------
aThe 2007 level is the amount appropriated for that year for programs administered by the National Institute of
  Standards and Technology.

    Basis of estimate: For this estimate, CBO assumes that the 
bill will be enacted in 2007 and that the authorized amounts 
will be appropriated for each year. Estimated outlays are based 
on historical spending patterns for NIST.
    H.R. 1868 would specifically authorize the appropriation of 
$2.6 billion for fiscal years 2008 through 2010 for programs 
related to manufacturing technology. In addition, CBO estimates 
that implementing other provisions of the bill would require 
appropriations of $7 million in 2008 and $33 million over the 
2008-2012 period. Estimated outlays from these amounts would 
total about $2.5 billion over the 2008-2012 period.

Scientific and Technological Research and Services

    Section 101 would authorize the appropriation of $471 
million for 2008, $498 million for 2009, and $538 for 2009 for 
Scientific and Technical Research and Services. This program 
supports NIST's laboratories and technical programs as well as 
national research facilities, including the Center for Neutron 
Research and the Center for Nanoscale Science and Technology. 
Assuming appropriation of the specified amounts, CBO estimates 
that implementing this provision would cost $1.5 billion over 
the 2008-2012 period.
    Section 101 also would authorize appropriations for the 
Malcolm Baldridge National Quality Award Program, which 
recognizes US businesses for their achievements in both 
performance and quality. The bill would authorize the 
appropriation of $8 million in each year over the 2008-2010 
period. Assuming appropriation of the specified amounts, CBO 
estimates that implementing this provision would cost $24 
million over the 2008-2012 period.
    Finally, section 101 would authorize appropriations for 
construction and maintenance of NIST facilities--$94 million in 
2008, $86 million in 2009, and $50 million in 2010. Assuming 
appropriation of the specified amounts, CBO estimates that 
implementing this provision would cost $169 million over the 
2008-2012 period.

Industrial Technology Services

    Under current law, two NIST programs operate under the 
Industrial Technology Services (ITS) account. The Manufacturing 
Extension Partnership (MEP) combines federal funds with funding 
from state and local governments and private industry to 
provide technical assistance and training to small 
manufacturers. Section 102 of the bill would authorize 
appropriations of $113 million in 2008, $122 million in 2009, 
and $132 million in 2010 for the MEP. Assuming appropriation of 
these amounts, CBO estimates that implementing this provision 
would cost $348 million over the 2008-2012 period.
    The second program operating under ITS is the Advanced 
Technology Program (ATP). H.R. 1868 would replace the ATP with 
the Technology Innovation Program (TIP), which would make 
grants to small- and medium-sized businesses or joint ventures 
between universities or other research institutes and small- or 
medium-sized businesses to support research and development on 
emerging technologies. The bill would authorize appropriations 
of $110 million in 2008, $142 million in 2009, and $151 million 
in 2010. Of these amounts, $45 million would be reserved for 
new grant awards each year. Assuming appropriation of the 
specified amounts, CBO estimates that implementing this 
provision would cost $375 million over the 2008-2012 period.

Other provisions

    Section 206 would create a pilot program that would make 
grants to promote partnerships between manufacturers and non-
manufacturing organizations (universities, research 
institutions, state agencies, or nonprofit organizations) to 
develop new manufacturing technologies. The bill would 
authorize a single grant competition to make awards for a 
three-year period. CBO estimates that implementing the pilot 
grant program would cost $1 million in 2008 and $21 million 
over the 2008-2012 period.
    Section 207 would authorize a new fellowship program to 
support research related to manufacturing. CBO estimates this 
provision would cost $7 million over the 2008-2012 period.
    Intergovernmental and private-sector impact: H.R. 1868 
contains no intergovernmental or private-sector mandates as 
defined in UMRA. The bill would authorize grant funds that 
could benefit public institutions of higher education. Any 
costs they might incur would result from complying with 
conditions of federal assistance.
    Estimate prepared by: Federal Costs: Susan Willie
    Impact on State, Local, and Tribal Governments: Elizabeth 
Cove
    Impact on the Private Sector: Craig Cammarata
    Estimate approved by: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

                  XI. Compliance With Public Law 104-4

    H.R. 1868 contains no unfunded mandates.

         XII. Committee Oversight Findings and Recommendations

    The oversight findings and recommendations of the Committee 
on Science and Technology are reflected in the body of this 
report.

      XIII. Statement on General Performance Goals and Objectives

    Pursuant to clause (3)(c) of House rule XIII, the goals of 
H.R. 1868 are to authorize appropriations for the National 
Institute of Standards and Technology for fiscal years 2008, 
2009, and 2010.

                XIV. Constitutional Authority Statement

    Article I, section 8 of the Constitution of the United 
States grants Congress the authority to enact H.R. 1868.

                XV. Federal Advisory Committee Statement

    The functions of the advisory committees required by H.R. 
1868 could not be performed by one or more agencies or by 
enlarging the mandate of another existing advisory committee.

                 XVI. Congressional Accountability Act

    The Committee finds that H.R. 1868 does not relate to the 
terms and conditions of employment or access to public services 
or accommodations within the meaning of section 102(b)(3) of 
the Congressional Accountability Act (Public Law 104-1).

                      XVII. Earmark Identification

    H.R. 1868 does not contain any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9(d), 9(e), or 9(f) of Rule XXI.

     XVIII. Statement on Preemption of State, Local, or Tribal Law

    This bill is not intended to preempt any state, local, or 
tribal law.

       XIX. Changes in Existing Law Made by the Bill, As Reported


         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY ACT

           *       *       *       *       *       *       *


                ESTABLISHMENT, FUNCTIONS, AND ACTIVITIES

  Sec. 2. (a)  * * *
  (b) The Secretary of Commerce (hereafter in this Act referred 
to as the ``Secretary'') acting through the Director of the 
Institute (hereafter in this Act referred to as the 
``Director'') and, if appropriate, through other officials, is 
authorized to take all actions necessary and appropriate to 
accomplish the purposes of this Act, including the following 
functions of the Institute--
          (1)  * * *

           *       *       *       *       *       *       *

          (4) to enter into contracts, including cooperative 
        research and development arrangements, and grants and 
        cooperative agreements, in furtherance of the purposes 
        of this Act;

           *       *       *       *       *       *       *


               VISITING COMMITTEE ON ADVANCED TECHNOLOGY

  Sec. 10. (a)  * * *

           *       *       *       *       *       *       *

  (d) The Committee shall meet at least [quarterly] twice each 
year at the call of the Chairman or whenever one-third of the 
members so request in writing. A majority of the members of the 
Committee not having a conflict of interest in the matter being 
considered by the Committee shall constitute a quorum. Each 
member shall be given appropriate notice, whenever possible, 
not less than 15 days prior to any meeting, of the call of such 
meeting.

           *       *       *       *       *       *       *

  (h)(1) The Committee shall render an annual report to the 
Secretary for submission to the Congress [on or before January 
31 in each year] within 30 days after the submission to 
Congress of the President's annual budget request in each year. 
Such report shall deal essentially, though not necessarily 
exclusively, with policy issues or matters which affect the 
Institute, including the Program established under section 28, 
or with which the Committee in its official role as the private 
sector policy advisor of the Institute is concerned. Each such 
report shall identify areas of research and research techniques 
of the Institute of potential importance to the long-term 
competitiveness of United States industry, in which the 
Institute possesses special competence, which could be used to 
assist United States enterprises and United States industrial 
joint research and development ventures. 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. 12. (a)  * * *

           *       *       *       *       *       *       *

  (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. 14. (a) In General.--Within the limits of funds which 
are appropriated for the Institute, the Secretary of Commerce 
is authorized to undertake such construction of buildings and 
other facilities and to make sure improvements to existing 
buildings, grounds, and other facilities occupied or used by 
the Institute as are necessary for the proper and efficient 
conduct of the activities authorized herein.
  (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. 18. (a) In General.--The Director is authorized to 
expend [up to 1 per centum of the] up to 1.5 percent of the 
funds appropriated for activities of the Institute in any 
fiscal year, as the Director may deem desirable, for awards of 
research fellowships and other forms of financial assistance to 
students at institutions of higher learning within the United 
States who show promise as present or future contributors to 
the mission of the Institute, and to United States citizens for 
research and technical activities on Institute programs. The 
selection of persons to receive such fellowships and assistance 
shall be made on the basis of ability and of the relevance of 
the proposed work to the mission and programs of the Institute.
  (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. 19. The Institute in conjunction with the National 
Academy of Sciences, shall establish and conduct a post-
doctoral fellowship program, subject to the availability of 
appropriations, which shall be organized and carried out in 
substantially the same manner as the National Academy of 
Sciences/National Research Council Post-Doctoral Research 
Associate Program that was in effect prior to 1986, and which 
shall include not less than twenty [nor more than 60 new 
fellows] nor more than 120 new fellows per fiscal year.

           *       *       *       *       *       *       *


                          REPORTS TO CONGRESS

  Sec. 23. (a)  * * *

           *       *       *       *       *       *       *

  (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.

           *       *       *       *       *       *       *


     REGIONAL CENTERS FOR THE TRANSFER OF MANUFACTURING TECHNOLOGY

  Sec. 25. (a)  * * *

           *       *       *       *       *       *       *

  [(d) In addition to such sums as may be authorized and 
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 for the 
purpose of providing Federal funds to support Centers. Any 
Center which is supported with funds which originally came from 
other Federal departments and agencies shall be selected and 
operated according to the provisions of this section.]
  (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).
  (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).
  (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.

                     [NON-ENERGY INVENTIONS PROGRAM

  [Sec. 27. In conjunction with the initial organization of the 
Institute, the Director shall establish a program for the 
evaluation of inventions that are not energy-related to 
complement but not replace the Energy-Related Inventions 
Program established under section 14 of the Federal Nonnuclear 
Energy Research and Development Act of 1974 (Public Law 93-
577). The Director shall submit an initial implementation plan 
for this program to accompany the organization plan for the 
Institute. The implementation plan shall include specific cost 
estimates, implementation schedules, and mechanisms to help 
finance the development of technologies the program has 
determined to have potential. In the preparation of the plan, 
the Director shall consult with appropriate Federal agencies, 
including the Small Business Administration and the Department 
of Energy, State and local government organizations, university 
officials, and private sector organizations in order to obtain 
advice on how those agencies and organizations might cooperate 
with the expansion of this program of the Institute.

                      [ADVANCED TECHNOLOGY PROGRAM

  [Sec. 28. (a) There is established in the Institute an 
Advanced Technology Program (hereafter in this Act referred to 
as the ``Program'') for the purpose of assisting United States 
businesses in creating and applying the generic technology and 
research results necessary to--
          [(1) commercialize significant new scientific 
        discoveries and technologies rapidly; and
          [(2) refine manufacturing technologies.
The Secretary, acting through the Director, shall assure that 
the Program focuses on improving the competitive position of 
the United States and its businesses, gives preference to 
discoveries and to technologies that have great economic 
potential, and avoids providing undue advantage to specific 
companies. In operating the Program, the Secretary and Director 
shall, as appropriate, be guided by the findings and 
recommendations of the Biennial National Critical Technology 
Reports prepared pursuant to section 603 of the National 
Science and Technology Policy, Organization, and Priorities Act 
of 1976 (42 U.S.C. 6683).
  [(b) Under the Program established in subsection (a), and 
consistent with the mission and policies of the Institute, the 
Secretary, acting through the Director, and subject to 
subsections (c) and (d), may--
          [(1) aid industry-led United States joint research 
        and development ventures (hereafter in this section 
        referred to as ``joint ventures'') (which may also 
        include universities and independent research 
        organizations), including those involving collaborative 
        technology demonstration projects which develop and 
        test prototype equipment and processes, through--
                  [(A) provision of organizational and 
                technical advice; and
                  [(B) participation in such joint ventures by 
                means of grants, cooperative agreements, or 
                contracts, if the Secretary, acting through the 
                Director, determines participation to be 
                appropriate, which may include (i) partial 
                start-up funding, (ii) provision of a minority 
                share of the cost of such joint ventures for up 
                to 5 years, and (iii) making available 
                equipment, facilities, and personnel,
        provided that emphasis is placed on areas where the 
        Institute has scientific or technological expertise, on 
        solving generic problems of specific industries, and on 
        making those industries more competitive in world 
        markets;
          [(2) provide grants to and enter into contracts and 
        cooperative agreements with United States businesses 
        (especially small businesses), provided that emphasis 
        is placed on applying the Institute's research, 
        research techniques, and expertise to those 
        organizations' research programs;
          [(3) involve the Federal laboratories in the Program, 
        where appropriate, using among other authorities the 
        cooperative research and development agreements 
        provided for under section 12 of the Stevenson-Wydler 
        Technology Innovation Act of 1980; and
          [(4) carry out, in a manner consistent with the 
        provisions of this section, such other cooperative 
        research activities with joint ventures as may be 
        authorized by law or assigned to the Program by the 
        Secretary.
  [(c) The Secretary, acting through the Director, is 
authorized to take all actions necessary and appropriate to 
establish and operate the Program, including--
          [(1) publishing in the Federal Register draft 
        criteria and, no later than six months after the date 
        of the enactment of this section, following a public 
        comment period, final criteria, for the selection of 
        recipients of assistance under subsection (b) (1) and 
        (2);
          [(2) monitoring how technologies developed in its 
        research program are used, and reporting annually to 
        the Congress on the extent of any overseas transfer of 
        these technologies;
          [(3) 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 the Program;
          [(4) assuring that the advice of the Committee 
        established under section 10 is considered routinely in 
        carrying out the responsibilities of the Institute; and
          [(5) providing for appropriate dissemination of 
        Program research results.
  [(d) When entering into contracts or making awards under 
subsection (b), the following shall apply:
          [(1) No contract or award may be made until the 
        research project in question has been subject to a 
        merit review, and has, in the opinion of the reviewers 
        appointed by the Director and the Secretary, acting 
        through the Director, been shown to have scientific and 
        technical merit.
          [(2) In the case of joint ventures, the Program shall 
        not make an award unless the award will facilitate the 
        formation of a joint venture or the initiation of a new 
        research and development project by an existing joint 
        venture.
          [(3) No Federal contract or cooperative agreement 
        under subsection (b)(2) shall exceed $2,000,000 over 3 
        years, or be for more than 3 years unless a full and 
        complete explanation of such proposed award, including 
        reasons for exceeding these limits, is submitted in 
        writing by the Secretary to the Committee on Commerce, 
        Science, and Transportation of the Senate and the 
        Committee on Science, Space, and Technology of the 
        House of Representatives. The proposed contract or 
        cooperative agreement may be executed only after 30 
        calendar days on which both Houses of Congress are in 
        session have elapsed since such submission. Federal 
        funds made available under subsection (b)(2) shall be 
        used only for direct costs and not for indirect costs, 
        profits, or management fees of the contractor.
          [(4) In determining whether to make an award to a 
        particular joint venture, the Program shall consider 
        whether the members of the joint venture have made 
        provisions for the appropriate participation of small 
        United States businesses in such joint venture.
          [(5) Section 552 of title 5, United States Code, 
        shall not apply to the following information obtained 
        by the Federal Government on a confidential basis in 
        connection with the activities of any business or any 
        joint venture receiving funding under the Program--
                  [(A) information on the business operation of 
                any member of the business or joint venture; 
                and
                  [(B) trade secrets possessed by any business 
                or any member of the joint venture.
          [(6) Intellectual property owned and developed by any 
        business or joint venture receiving funding or by any 
        member of such a joint venture may not be disclosed by 
        any officer or employee of the Federal Government 
        except in accordance with a written agreement between 
        the owner or developer and the Program.
          [(7) If a business or joint venture fails before the 
        completion of the period for which a contract or award 
        has been made, after all allowable costs have been paid 
        and appropriate audits conducted, the unspent balance 
        of the Federal funds shall be returned by the recipient 
        to the Program.
          [(8) Upon dissolution of any joint venture or at the 
        time otherwise agreed upon, the Federal Government 
        shall be entitled to a share of the residual assets of 
        the joint venture proportional to the Federal share of 
        the costs of the joint venture as determined by 
        independent audit.
          [(9) A company shall be eligible to receive financial 
        assistance under this section only if--
                  [(A) the Secretary finds that the company's 
                participation in the Program would be in the 
                economic interest of the United States, as 
                evidenced by investments in the United States 
                in research, development, and manufacturing 
                (including, for example, the manufacture of 
                major components or subassemblies in the United 
                States); significant contributions to 
                employment in the United States; and 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 to procure parts and materials 
                from competitive suppliers; and
                  [(B) either--
                          [(i) the company is a United States-
                        owned company; or
                          [(ii) the Secretary finds that the 
                        company is incorporated in the United 
                        States and has a parent company which 
                        is incorporated in a country which 
                        affords to United States-owned 
                        companies opportunities, comparable to 
                        those afforded to any other company, to 
                        participate in any joint venture 
                        similar to those authorized under this 
                        Act; affords to United States-owned 
                        companies local investment 
                        opportunities comparable to those 
                        afforded to any other company; and 
                        affords adequate and effective 
                        protection for the intellectual 
                        property rights of United States-owned 
                        companies.
          [(10) Grants, contracts, and cooperative assignments 
        under this section shall be designed to support 
        projects which are high risk and which have the 
        potential for eventual substantial widespread 
        commercial application. In order to receive a grant, 
        contract, or cooperative agreement under this section, 
        a research and development entity shall demonstrate to 
        the Secretary the requisite ability in research and 
        technology development and management in the project 
        area in which the grant, contract, or cooperative 
        agreement is being sought.
          [(11)(A) Title to any intellectual property arising 
        from assistance provided under this section shall vest 
        in a company or companies incorporated in the United 
        States. 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 company 
        incorporated in the United States, until the expiration 
        of the first patent obtained in connection with such 
        intellectual property.
          [(B) For purposes of this paragraph, the term 
        ``intellectual property'' means an invention patentable 
        under title 35, United States Code, or any patent on 
        such an invention.
          [(C) Nothing in this paragraph shall be construed to 
        prohibit the licensing to any company of intellectual 
        property rights arising from assistance provided under 
        this section.
  [(e) The Secretary may, within 30 days after notice to 
Congress, suspend a company or joint venture from continued 
assistance under this section if the Secretary determines that 
the company, the country of incorporation of the company or a 
parent company, or the joint venture has failed to satisfy any 
of the criteria set forth in subsection (d)(9), and that it is 
in the national interest of the United States to do so.
  [(f) When reviewing private sector requests for awards under 
the Program, and when monitoring the progress of assisted 
research projects, the Secretary and the Director shall, as 
appropriate, coordinate with the Secretary of Defense and other 
senior Federal officials to ensure cooperation and coordination 
in Federal technology programs and to avoid unnecessary 
duplication of effort. The Secretary and the Director are 
authorized to work with the Director of the Office of Science 
and Technology Policy, the Secretary of Defense, and other 
appropriate Federal officials to form interagency working 
groups or special project offices to coordinate Federal 
technology activities.
  [(g) In order to analyze the need for the value of joint 
ventures and other research projects in specific technical 
fields, to evaluate any proposal made by a joint venture or 
company requesting the Secretary's assistance, or to monitor 
the progress of any joint venture or any company research 
project which receives Federal funds under the Program, the 
Secretary, the Under Secretary of Commerce for Technology, and 
the Director may, notwithstanding any other provision of law, 
meet with such industry sources as they consider useful and 
appropriate.
  [(h) Up to 10 percent of the funds appropriated for carrying 
out this section may be used for standards development and 
technical activities by the Institute in support of the 
purposes of this section.
  [(i) In addition to such sums as may be authorized and 
appropriated to the Secretary and Director to operate the 
Program, the Secretary and Director also may accept funds from 
other Federal departments and agencies for the purpose of 
providing Federal funds to support awards under the Program. 
Any Program award which is supported with funds which 
originally came from other Federal departments and agencies 
shall be selected and carried out according to the provisions 
of this section.
  [(j) As used in this section--
          [(1) the term ``joint venture'' means any group of 
        activities, including attempting to make, making, or 
        performing a contract, by two or more persons for the 
        purpose of--
                  [(A) theoretical analysis, experimentation, 
                or systematic study of phenomena or observable 
                facts;
                  [(B) the development or testing of basic 
                engineering techniques;
                  [(C) the extension of investigative finding 
                or theory of a scientific or technical nature 
                into practical application for experimental and 
                demonstration purposes, including the 
                experimental production and testing of models, 
                prototypes, equipment, materials, and 
                processes;
                  [(D) the collection, exchange, and analysis 
                of research information;
                  [(E) the production of any product, process, 
                or service; or
                  [(F) any combination of the purposes 
                specified in subparagraphs (A), (B), (C), (D), 
                and (E),
        and may include the establishment and operation of 
        facilities for the conducting of research, the 
        conducting of such venture on a protected and 
        proprietary basis, and the prosecuting of applications 
        for patents and the granting of licenses for the 
        results of such venture; and
          [(2) the term ``United States-owned company'' means a 
        company that has majority ownership or control by 
        individuals who are citizens of the United States.]

                     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. 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. [32] 34. This Act may be cited as the National Institute 
of Standards and Technology Act.
                              ----------                              


       SECTION 3570 OF THE REVISED STATUTES OF THE UNITED STATES

  [Sec. 3570. The tables in the schedule hereto annexed shall 
be recognized in the construction of contracts, and in all 
legal proceedings, as establishing, in terms of the weights and 
measures now in use in the United States, the equivalents of 
the weights and measures expressed therein in terms of the 
metric system; and the tables may lawfully be used for 
computing, determining, and expressing in customary weights and 
measures the weights and measures of the metric system.]

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.
                              ----------                              


                          ACT OF JULY 21, 1950

AN ACT To redefine the units and establish the standards of electrical 
                     and photometric measurements.

  Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, [That from 
and after the date this Act is approved, the legal units of 
electrical and photometric measurement in the United States of 
America shall be those defined and established as provided in 
the following sections.
  [Sec. 2. The unit of electrical resistance shall be the ohm, 
which is equal to one thousand million units of resistance of 
the centimeter-gram-second system of electromagnetic units.
  [Sec. 3. The unit of electric current shall be the ampere, 
which is one-tenth of the unit of current of the centimeter-
gram-second system of electromagnetic units.
  [Sec. 4. The unit of electromotive force and of electric 
potential shall be the volt, which is the electromotive force 
that, steadily applied to a conductor whose resistance is one 
ohm, will produce a current of one ampere.
  [Sec. 5. The unit of electric quantity shall be the coulomb, 
which is the quantity of electricity transferred by a current 
of one ampere in one second.
  [Sec. 6. The unit of electrical capacitance shall be the 
farad, which is the capacitance of a capacitor that is charged 
to a potential of one volt by one coulomb of electricity.
  [Sec. 7. The unit of electrical inductance shall be the 
henry, which is the inductance in a circuit such that an 
electromotive force of one volt is induced in the circuit by 
variation of an inducing current at the rate of one ampere per 
second.
  [Sec. 8. The unit of power shall be the watt, which is equal 
to ten million units of power in the centimeter-gram-second 
system, and which is the power required to cause an unvarying 
current of one ampere to flow between points differing in 
potential by one volt.
  [Sec. 9. The units of energy shall be (a) the joule, which is 
equivalent to the energy supplied by a power of one watt 
operating for one second, and (b) the kilowatt-hour, which is 
equivalent to the energy supplied by a power of one thousand 
watts operating for one hour.
  [Sec. 10. The unit of intensity of light shall be the 
candela, which is one-sixtieth of the intensity of one square 
centimeter of a perfect radiator, known as a ``black body'', 
when operated at the temperature of freezing platinum.
  [Sec. 11. The unit of flux of light shall be the lumen, which 
is the flux in a unit of solid angle from a source of which the 
intensity is one candela.
  [Sec. 12. It shall be the duty of the Secretary of Commerce 
to establish the values of the primary electric and photometric 
units in absolute measure, and the legal values for these units 
shall be those represented by, or derived from, national 
reference standards maintained by the Department of Commerce.
  [Sec. 13. The Act of July 12, 1894 (Public Law Numbered 105, 
Fifty-third Congress), entitled ``An Act to define and 
establish the units of electrical measure'', is hereby 
repealed.]
                              ----------                              


                         ACT OF MARCH 19, 1918

  AN ACT To save daylight and to provide standard time for the United 
                                States.

                 (Commonly known as the ``Calder Act'')

  Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That for 
the purpose of establishing the standard time of the United 
States, the territory of the United States shall be divided 
into nine zones in the manner provided in this section. [Except 
as provided in section 3(a) of the Uniform Time Act of 1966, 
the standard time of the first zone shall be based on the mean 
solar time of the sixtieth degree of longitude west from 
Greenwich; that of the second zone on the seventy-fifth degree; 
that of the third zone on the ninetieth degree; that of the 
fourth zone on the one hundred and fifth degree; that of the 
fifth zone on the one hundred and twentieth degree; that of the 
sixth zone on the one hundred and thirty-fifth degree; that of 
the seventh zone on the one hundred and fiftieth degree; that 
of the eighth zone on the one hundred and sixty-fifth degree; 
and that of the ninth zone on the one hundred and fiftieth 
meridian of longitude east from Greenwich..] 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. 
The limits of each zone shall be defined by an order of the 
Secretary of Transportation, having regard for the convenience 
of commerce and the existing junction points and division 
points of common carriers engaged in interstate or foreign 
commerce, and any such order may be modified from time to time. 
As used in this Act, the term ``interstate or foreign 
commerce'' means commerce between a State, the District of 
Columbia, the Commonwealth of Puerto Rico, or any possession of 
the United states and any place outside thereof. 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.

           *       *       *       *       *       *       *

  Sec. 3. In the division of territory, and in the definition 
of the limits of each zone, as hereinbefore provided, so much 
of the State of Idaho as lies south of the Salmon River, 
traversing the State from east to west near forty-five degrees 
thirty minutes latitude shall be embraced in the [third zone] 
fourth zone: Provided, That common carriers within such portion 
of the State of Idaho may conduct their operations on Pacific 
time.
                              ----------                              


  SECTION 17 OF THE STEVENSON-WYDLER TECHNOLOGY INNOVATION ACT OF 1980

SEC. 17. MALCOLM BALDRIGE NATIONAL QUALITY AWARD.

  (a)  * * *

           *       *       *       *       *       *       *

  (c) Categories in Which Award May be Given.--(1)  * * *

           *       *       *       *       *       *       *

  [(3) Not more than two awards may be made within any 
subcategory in any year, unless the Secretary determines that a 
third award is merited and can be given at no additional cost 
to the Federal Government (and no award shall be made within 
any category or subcategory if there are no qualifying 
enterprises in that category or subcategory).]
  (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.

                     XX. Committee Recommendations

    On April 25, 2007, the Committee on Science and Technology 
favorably reported the Technology Innovation and Manufacturing 
Stimulation Act of 2007 by a voice vote, and recommended its 
enactment.

                          XXI. Minority Views

    None.

 XXII. Proceedings of the Markup by the Subcommittee on Technology and 
 Innovation on H.R. 1868, the Technology Innovation and Manufacturing 
                        Stimulation Act of 2007

    The Subcommittee met, pursuant to call, at 10:15 a.m., in 
Room 2318 of the Rayburn House Office Building, Hon. David Wu 
[Chairman of the Subcommittee] presiding.
    Chairman Wu. Good morning. The Subcommittee on Technology 
and Innovation will come to order, pursuant to notice. The 
Subcommittee on Technology and Innovation meets to consider the 
following measure, H.R. 1868, the Technology Innovation and 
Manufacturing Stimulation Act of 2007. We will now proceed to 
the markup, beginning with opening statements, and I shall 
begin.
    I would like to welcome everyone to the first markup of the 
Technology and Innovation Subcommittee. Today we will be 
marking up H.R. 1868, a bill that reauthorizes the programs of 
the National Institute of Standards and Technology, or NIST. 
NIST has not had a comprehensive reauthorization since 1992, 
and it is long overdue. Dr. Ehlers shares this viewpoint, and I 
am hoping that together we can get this bipartisan bill to the 
President for signature. I thank Dr. Gingrey, Dr. Ehlers, and 
Ranking Member Hall for working with us, together in a spirit 
of cooperation, to craft this legislation. This bill contains 
several provisions from H.R. 255, introduced by Dr. Ehlers 
earlier this year. H.R. 1868 is a stronger bill as a result of 
this bipartisan effort.
    For over 100 years, NIST has made important contributions 
to public safety, industrial competitiveness, and economic 
growth through standards and measurements. NIST will be a key 
part of American innovation in the next 100 years. Today's 
bill, the Technology Innovation and Manufacturing Stimulation 
Act of 2007, puts NIST on a 10-year path to doubling as an 
investment in our innovation future. It strengthens the 
internal research being performed at NIST, so that its Nobel 
Prize winning work will continue to make key scientific 
advances.
    It funds construction projects to improve laboratory 
facilities at both the Boulder, Colorado and Gaithersburg, 
Maryland campuses. It grows the Manufacturing Extension 
Partnership program so that more small manufacturers around the 
country can benefit from the important services MEP provides, 
and it replaces the Advanced Technology Program with an 
innovative effort to target small- and medium-sized businesses 
for limited cost-shared funding of technological breakthroughs, 
which potentially have broad public benefit.
    H.R. 1868 also makes important changes to manufacturing 
policy that were adopted from Dr. Ehlers' bill, H.R. 255, 
including the creation of a Manufacturing Extension Center 
competitive grant program, a collaborative manufacturing pilot 
program, and a set of manufacturing research fellowships at 
NIST. These programs will encourage advances in manufacturing 
technology and help overcome technical barriers to innovation.
    Specifically, H.R. 1868 authorizes the NIST laboratory 
programs at $471 million in fiscal year 2008, $498 million in 
fiscal year 2009, and $538 million in fiscal year 2010. These 
numbers put the lab programs on a path to doubling in 10 years, 
consistent with the President's American Competitiveness 
Initiative.
    The bill authorizes the Malcolm Baldrige National Quality 
Award Program at $7.9 million, fiscal year 2008, $8.1 million 
in fiscal year 2009, and $8.3 million in fiscal year 2010. It 
authorizes the Construction and Maintenance Account at $94 
million in fiscal year 2008, $86 million in fiscal year 2009, 
and $50 million in fiscal year 2010. These amounts fund the 
completion of the laboratory construction at NIST's Boulder, 
Colorado campus, and upgrades to the NIST Center for Neutron 
Research at Gaithersburg, Maryland. They also provide funding 
for routine maintenance of the existing facilities.
    The bill authorizes the MEP Partnership at $113 million in 
fiscal year 2008, $122 million in fiscal year 2009, and $132 
million in fiscal year 2010. These amounts put the MEP program 
on a path to doubling in 10 years, and are supported by the 
American Small Manufacturers' Coalition.
    The bill creates the Technology Innovation Program, which 
responds to global innovation competition by funding high-risk, 
high-reward, pre-competitive technology development, with high 
potential for public benefit, focusing on small- and medium-
sized high-tech firms. Many of these policy changes were 
suggested by the Administration in a legislative package 
submitted to Congress in 2002.
    H.R. 1868 also requires the NIST Director to submit a 
programmatic planning document that will address the plans for 
NIST's direction in the next three years. It requires the 
Visiting Committee to comment on the three year plans, and 
establishes, in statute, advisory boards for both the MEP and 
the Technology Innovation Program, and requires the Advisory 
Boards to comment on the Director's three-year plans.
    As Chairman of this subcommittee, and a Member of the 
Science and Technology Committee since 1999, I am very familiar 
with NIST. But despite its important role, many of my 
colleagues in Congress, and many leaders in business industry, 
don't know very much about NIST, or about the importance of 
standards in fostering innovation, competitiveness, and 
economic growth. Today's bill is an important first step in a 
broader discussion we need to have about standards, technology 
and competitiveness.
    Now I would like to recognize the Ranking Member of the 
Subcommittee, and the co-sponsor of this bill, Dr. Gingrey, for 
his comments.
    [The prepared statement of Chairman Wu follows:]
                Prepared Statement of Chairman David Wu
    Good morning. I'd like to welcome everyone to the first markup of 
the Technology and Innovation Subcommittee. Today we will be marking up 
H.R. 1868, a bill that reauthorizes the programs of the National 
Institute of Standards and Technology (NIST). NIST has not had a 
comprehensive reauthorization since 1992, and it is long overdue. Dr. 
Ehlers shares this view and I'm hoping that together we can get this 
bipartisan bill to the President. I thank Dr. Gingrey, Dr. Ehlers, and 
Ranking Member Hall for working with us in a spirit of cooperation to 
craft this legislation. This bill contains several provisions from H.R. 
255, introduced by Dr. Ehlers earlier this year. H.R. 1868 is a 
stronger bill as a result of this bipartisan effort.
    For over 100 years, NIST has made important contributions to public 
safety, industrial competitiveness, and economic growth through 
standards and measurements. NIST will be a key part of American 
innovation in the next 100 years. Today's bill, the Technology 
Innovation and Manufacturing Stimulation Act of 2007, puts NIST on a 
ten-year path to doubling as an investment in our innovation future. It 
strengthens the internal research being performed at NIST, so that its 
Nobel Prize winning work will continue to make key scientific advances. 
It funds construction projects to improve laboratory facilities at both 
the Bolder, CO and Gaithersburg, MD campuses. It grows the 
Manufacturing Extension Partnership program, so that more small 
manufacturers around the country can benefit from the important 
services MEP provides. And it replaces the Advanced Technology Program 
with an innovative effort to target small- and medium-sized businesses 
for limited cost-shared funding of technological breakthroughs which 
potentially have broad public benefits.
    H.R. 1868 also makes important changes to manufacturing policy that 
were adopted from Dr. Ehlers' bill, H.R. 255, including the creation of 
a Manufacturing Extension Center competitive grant program, a 
collaborative manufacturing pilot grant program, and a set of 
manufacturing research fellowships at NIST. These programs will 
encourage advances in manufacturing technology and help overcome 
technical barriers to innovation.
    Specifically, H.R. 1868:

          Authorizes the NIST laboratory programs at $471 
        million in FY08, $498 million in FY09, and $538 million in 
        FY10. These numbers put the lab programs on a path to doubling 
        in ten years, consistent with the President's American 
        Competitiveness Initiative.

          Authorizes the Malcolm Baldrige National Quality 
        Award Program at $7.9 million in FY08, $8.1 million in F09, and 
        $8.3 million in FY10.

          Authorizes the construction and maintenance account 
        at $94 million in FY08, $86 million in FY09, and $50 million in 
        FY10. These amounts fund the completion of laboratory 
        construction at NIST's Boulder, CO campus, and upgrades to the 
        NIST Center for Neutron Research at the Gaithersburg, MD 
        campus. They also provide funding for routine maintenance of 
        the existing facilities.

          Authorizes the Manufacturing Extension Partnership at 
        $113 million in FY08, $122 million in FY09, and $132 million in 
        FY10. These amounts put the MEP program on a path to doubling 
        in ten years, and are supported by the American Small 
        Manufacturers Coalition.

          Creates the Technology Innovation Program, which 
        responds to global innovation competition by funding high-risk, 
        high-reward, pre-competitive technology development with high 
        potential for public benefit, focusing on small- and medium-
        sized high-tech firms. Many of these policy changes were 
        suggested by the Administration in a legislative package it 
        submitted to Congress in 2002. The bill provides for $45 
        million in new Technology Innovation Program grants each year.

    H.R. 1868 also:

          Requires the NIST Director to submit an annual 
        programmatic planning document that will address the plans for 
        NIST's direction in the next three years. There is agreement on 
        doubling NIST's budget, and we need to develop a roadmap on how 
        NIST can best use these new resources.

          Requires the Visiting Committee to comment on the 
        three-year plans.

          Establishes in statute Advisory Boards for both the 
        MEP and the Technology Innovation Program, and requires the 
        Advisory Boards to comment on the Director's three-year plans.

    As Chairman of this subcommittee and a Member of the Science and 
Technology Committee since 1999, I am very familiar with NIST. But 
despite its important role, many of my colleagues in Congress and many 
leaders in business and industry don't know very much about NIST, or 
about the importance of standards in fostering innovation, 
competitiveness, and economic growth. Today's bill is an important 
first step in a broader discussion we need to have about standards, 
technology, and competitiveness.
    Now I would like to recognize the Ranking Member of the 
Subcommittee, and co-sponsor of the bill, Dr. Gingrey, for his 
comments.

    Mr. Gingrey. Thank you, Chairman, and I thank you for 
holding the markup today to consider H.R. 1868, the Technology 
Innovation and Manufacturing Stimulation Act of 2007. I am an 
original co-sponsor of this bill because I believe it will 
ensure our nation's technological competitiveness for decades 
to come.
    Last year, with his American Competitiveness Initiative, 
President Bush provided a vision to maintain America's position 
in the global marketplace by doubling our investment in 
physical science research over the next 10 years. H.R. 1868 
helps fulfill the President's vision by authorizing the lab 
programs at the National Institute of Standards and Technology, 
or, as we know it since 100 years ago, NIST.
    As Congress looks to the future of the technology industry 
in this country, NIST research will prove to be indispensable 
for the maturation of cutting-edge basic research into 
successful commercial products. I thank Chairman Wu for 
incorporating our priorities for NIST into this comprehensive 
authorization bill, and for incorporating concerns from NIST 
into the technical amendment we will consider today.
    At this point, I would like to yield the balance of my 
time, Mr. Chairman, to the gentleman from Michigan, Mr. Ehlers, 
and I know he wants to make some brief remarks on this bill, as 
he has worked so hard in crafting it. And I yield now to the 
gentlemen from Michigan.
    [The prepared statement of Mr. Gingrey follows:]
           Prepared Statement of Representative Phil Gingrey
    Thank you Mr. Chairman. I thank you for holding this markup today 
to consider H.R. 1868, the Technology Innovation and Manufacturing 
Stimulation Act of 2007. I am an original co-sponsor of this bill 
because I believe it will ensure our nation's technological 
competitiveness for decades to come. Last year, with his American 
Competitiveness Initiative, President Bush provided a vision to 
maintain America's position in the global marketplace by doubling our 
investment in physical science research over the next ten years. H.R. 
1868 helps fulfill the President's vision by authorizing the lab 
programs National Institute of Standards and Technology, or NIST. As 
Congress looks to the future of the technology industry in this 
country, NIST research will prove to be indispensable for the 
maturation of cutting-edge basic research into successful commercial 
products. I thank Chairman Wu for incorporating our priorities for NIST 
into this comprehensive authorization bill and for incorporating 
concerns from NIST into the technical amendment we will consider today. 
I yield the balance of my time to the gentleman from Michigan, Dr. 
Ehlers, to make some brief remarks on this bill.

    Mr. Ehlers. I thank the gentlemen very much for yielding, 
and I appreciate his hard work on this. It is amusing just to 
think back a year, when we were working on the same bill, much 
more restrictive than this one, and I think this is an 
improvement, but roles were reversed last year. Mr. Chairman, 
you were sitting on this side, and I was sitting in your seat. 
I am pleased we worked so well together then, and we continue 
to work together well now.
    I will just give a brief oral statement, and I ask that, 
without objection, my full statement be entered into the 
record.
    The Technology Innovation and Manufacturing Stimulation Act 
is a bill of great importance to our national competitiveness. 
The National Institute of Standards and Technology, better 
known as NIST, plays a pivotal role in the innovation process 
by working very closely with industry on programs to transfer 
innovative technologies from the laboratory into the field.
    A key aspect of that is the Manufacturing Extension 
Partnership, and I have encountered some individual who 
question the appropriateness of the Federal Government doing 
this. My response is very simple. We have been doing it for 
almost 150 years, through the Cooperative Extension Service for 
Agriculture. We still spend $400 million a year on agriculture 
cooperative extension which, incidentally, employs less than 
two percent of the people in the country. I fail to understand 
those people who object to this, when, in fact, we spend $400 
million a year on less than two percent of the population, we 
have 15 percent of our population in manufacturing. What is so 
terrible about spending $100 million to help that industry 
along? End of sermon. Back to my prepared statement.
    The President's American Competitiveness Initiative, 
started in 2006, thanks to the work of many of the Members of 
this committee, as well as the work of Norm Augustine on the 
National Academy of Sciences' report. But the President was 
kind enough to develop the American Competitiveness Initiative, 
which launched a three-pronged approach to competitiveness by 
strengthening research at the National Science Foundation, the 
Office of Science at the Department of Energy, and the 
laboratory research and construction accounts of NIST. This 
bill addresses the last of these agencies by fully supporting 
the ACI requested improvements, as well as reauthorizing 
programs at NIST crucial to our global competitiveness. I am 
proud that this bill has been crafted in a bipartisan manner 
and incorporates many ideas included in the legislation that I 
introduced in both the 108th and 109th Congresses, focused on 
strengthening U.S. manufacturing. In both Congresses the bill 
was passed by the House. I might also add that this afternoon, 
another subcommittee of the Science Committee will be 
considering the same aspect as related to the National Science 
Foundation. So at the end of this week we will be batting two 
out of three. Now, that is a higher percentage than almost any 
major leaguer gets.
    Although manufacturing has experienced tremendous 
technological gains over the last few years, international 
competition has exacted a terrible toll on our nation's 
manufacturers. This bill will help address long-term problems 
facing our nation's manufacturers by broadening and 
strengthening manufacturing extension services and creating a 
new program to revive manufacturing innovation through 
collaborative research and development.
    I know my colleagues understand that it is incredibly 
important to our future for this nation to remain competitive 
today. Congress must provide a coherent federal response to the 
changes that are underway in manufacturing, and to support the 
technological innovation that is fundamental to retaining our 
manufacturing strength. This bill provides a mechanism for that 
crucial response, and I look forward to working with my 
colleagues on this issue in the 110th Congress.
    I once again thank the Chairman of this subcommittee and 
the Ranking Republican Member for their hard work on this bill, 
and I deeply appreciate their cooperation.
    With that, I yield back.
    [The prepared statement of Mr. Ehlers follows:]
         Prepared Statement of Representative Vernon J. Ehlers
    The Technology Innovation and Manufacturing Stimulation Act is a 
bill of great importance to our national competitiveness. This 
committee has held multiple hearings on national competitiveness and 
innovation, and I would like to note that one of the recommendations of 
the National Academy's Gathering Storm report was to ensure that the 
United States is a hospitable location for innovative companies, and 
that the authors cited manufacturing and marketing as key activities 
related to innovation. The National Institute of Standards and 
Technology (NIST) plays a pivotal role in the innovation process by 
working very closely with industry on programs to transfer innovative 
technologies from the laboratory into the field.
    The President's American Competitiveness Initiative (ACI), started 
in 2006, launched a three-pronged approach to competitiveness by 
strengthening research at the National Science Foundation, the Office 
of Science at the Department of Energy, and the laboratory research and 
construction accounts of NIST. This bill addresses the last of these 
agencies by fully supporting the ACI requested improvements, as well as 
reauthorizing programs at NIST crucial to our global competitiveness. I 
am proud that this bill has been crafted in a bipartisan manner and 
incorporates many ideas included in legislation that I introduced in 
both the 108th and 109th Congresses, focused on strengthening U.S. 
manufacturing. In both Congresses the bill was passed by the House.
    Although manufacturing has experienced tremendous technological 
gains over the last few years, international competition has exacted a 
terrible toll on our nation's manufacturers. In particular, our small- 
and medium-sized firms are under tremendous pressure to become more 
efficient, to modernize, and to cut their prices. There is no evidence 
that these pressures are likely to go away.
    This bill will help address long-term problems facing our nation's 
manufacturers by broadening and strengthening manufacturing extension 
services and creating a new program to revive manufacturing innovation 
through collaborative research and development.
    I know my colleagues understand that it is incredibly important to 
our future for this nation to remain competitive today. Congress must 
provide a coherent federal response to the changes that are underway in 
manufacturing, and to support the technological innovation that is 
fundamental to retaining our manufacturing strength. This bill provides 
a mechanism for that crucial response and I look forward to working 
with my colleagues on this issue in the 110th Congress.

    Mr. Gingrey. And, Mr. Chairman, I yield back the balance of 
my time at this point.
    Chairman Wu. Thank you, Mr. Gingrey. And any other Members 
who have an opening statement may place it in the record at 
this point. Without objection, so ordered.
    I ask unanimous consent that the bill is considered as read 
and open to amendment at any point, and that Members proceed 
with the amendments in the order of the roster. Without 
objection, so ordered.
    Pursuant to discussions with Dr. Gingrey and others in the 
minority, I propose we consider the amendments which the Chair 
supports en bloc. Therefore, I ask unanimous consent that the 
Committee consider the following amendments en bloc. Amendment 
number one, offered by myself and Dr. Gingrey; amendment number 
two, offered by the gentleman from Utah, Mr. Matheson. Without 
objection, so ordered.
    The Clerk will report the amendments.
    The Clerk. Amendment to H.R. 1868, offered by Mr. Wu of 
Oregon and Mr. Gingrey of Georgia.
    Chairman Wu. I ask unanimous consent to dispense with the 
reading. Without objection, so ordered.
    I now recognize myself for five minutes to explain the 
amendments.
    On the Wu/Gingrey and Matheson amendments, I realize that 
everyone is planning a busy day, and I would like to ask for 
unanimous consent that my full statement, with a complete 
amendment description, be inserted into the record. The Wu/
Gingrey amendment includes a number of technical provisions 
that have been requested by NIST since 2002. They primarily 
update provisions to better reflect current NIST operations. 
Democratic and Republican staffs have worked closely in 
drafting this language, and I will add that there are 
corresponding provisions in the Senate COMPETES bill, which 
includes an authorization for NIST.
    As we are considering Representative Matheson's amendment 
in the en bloc consideration, I want to say a few words about 
his amendment. His amendment is based upon a recommendation, a 
study by the National Academy of Public Administration, and it 
has the support of the MEP Centers, and he has worked closely 
with Representative Ehlers in drafting this language.
    Representative Matheson's amendment is a good amendment, 
and a good addition to this bill, and I support it, and would 
like to yield to the gentleman for comments that he may have on 
his amendment.
    Mr. Matheson. Thank you, Subcommittee Chairman Wu, and also 
Ranking Member Gingrey for working with me on this amendment. I 
just want to give a brief description, if I could.
    As we know, the MEP program has been very successful in 
creating and retaining manufacturing jobs, and particularly in 
my State of Utah, I can tell you that has happened. After 
visiting with manufacturers in my state, it has become clear to 
me that more could be done to help U.S. manufacturers remain 
competitive, and let me give a quick example to illustrate 
where I think we could make some progress.
    There is a swimming pool cover manufacturer in Utah who can 
make a pool cover in which almost all the materials, including 
the motors, metal, wheels and gears will last for 20 years. But 
the vinyl cover material has only a life of five years. If the 
manufacturer gets its hands on a new vinyl cover material that 
is UV light resistant and weather or freeze resistant for 20 
years, you would be able to make a product with greater value 
for all the component parts.
    So the problem is that manufacturers need to be able to 
properly define their technological needs, but they also need 
to match those needs with available technologies that may be 
being created across the U.S. There may be a researcher in a 
University lab or one of our National Sponsor labs that has 
developed a polymer that is UV and weather resistant, but the 
last thing on the researcher's mind in one of those labs is 
getting that polymer into the hands of a swimming pool cover 
manufacturer in the State of Utah.
    So if we can try to bridge this gap of trying to match up 
and give opportunity for new technologies to develop and help 
people on the manufacturing side, that would be, in my opinion, 
a good thing. So as the Chairman mentioned, there was a study 
commissioned by NIST in 2002 that concurred with this 
assessment, talking about the need for leveraging technology 
and assisting the technology transfer.
    My amendment is really simple. It expands the Manufacturing 
Extension Center Competitive Grant Program in Section 203(c) of 
the bill to emphasize the need to improve technology transfer 
and infusions into a manufacturer's process. It is supported by 
the American Small Manufacturers Coalition. I urge my 
colleagues to support the amendment, and I yield back my time.
    Chairman Wu. I thank the gentleman, and Dr. Gingrey, do you 
have comments on either of the amendments?
    Mr. Gingrey. No, Mr. Chairman, just to say that, in regard 
to the Jim Matheson amendment, we have no objections, and even 
to go a step further, we applaud his amendment, and I think it 
is a good amendment, and certainly I plan to support it.
    In regard to, Mr. Chairman, our amendment, basically the 
amendment, as you point out, essentially makes just technical 
changes, some of them actually at NIST's request, and conforms 
to changes to outdated parts of NIST's underlying statute and a 
number of other provisions, but we are certainly in favor of 
this amendment.
    Mr. Chairman, if I could, I would like, at this point, if 
it is the appropriate time, to yield to Ms. Biggert. I think 
she wanted to make some comments, and if that is okay, I would 
like to yield my time now to Judy Biggert from Illinois.
    Ms. Biggert. Thank you, Mr. Chairman, it doesn't pertain to 
a specific amendment, but I think goes to the bill, although 
Mr. Matheson was actually talking about something that relates.
    Section 204 of this bill would replace what we have long 
known as the Advanced Technology Program, or ATP, with a new 
and different Technology Innovation Program.
    While I understand and appreciate that the Chairman and 
majority staff have incorporated input from the Administration 
in the legislative text of Section 204 before us today, some of 
us have only had a few days to review it, and unlike most of 
the provisions in this bill, which have been approved by the 
Committee previously, Section 204 represents new provisions and 
new language, and neither this subcommittee nor the Full 
Committee has held hearings on these new provisions.
    So after reviewing this section of the bill, I think our 
National Laboratories could play a supporting role in the 
Technology Innovation Program. And I know for a fact that 
Argonne National Laboratory in my district helps companies 
large and small overcome major technical challenges with 
research and development, and thus remain competitive. And I 
actually have been working with some of these companies to see 
how they progressed after that support from Argonne.
    The establishment clause of the Technology Innovation 
Program asserts that its purpose is to ``accelerate the 
development and application of challenging high-risk 
technologies that promise widespread economic benefits for our 
nation.''
    I think it is safe to say that the advanced energy 
technologies fit this bill very well. While they are often 
challenging and involve significant risk, accelerating their 
development could easily lead to widespread national economic 
benefits. In such cases, the Department of Energy's National 
Laboratories could be a company's best partner in accelerating 
the development and application of a new energy technology.
    So if we are to be true to the purpose of this program, I 
can't think of any reason why we shouldn't figure out an 
appropriate way to involve our National Laboratories.
    And I would hope that the Chairman would agree to work with 
me on this idea in advance of next week's Full Committee 
markup, and I would yield to the Chairman for a response.
    Mr. Gingrey. I yield back my time, Mr. Chairman.
    Chairman Wu. I look forward to working with the gentlelady, 
and both sides of the Committee staff, to see if this 
adjustment or addition is appropriate for this particular 
legislation ahead of next week's Full Committee markup.
    Ms. Biggert. Thank you. I appreciate your comments. I look 
forward to working with you to ensure our National Laboratories 
can play a meaningful role in this new program, and yield back.
    [The prepared statement of Ms. Biggert follows:]
           Prepared Statement of Representative Judy Biggert
    Thank you, Mr. Chairman.
    Section 204 of this bill would replace what we have long known as 
the Advanced Technology Program, or ATP, with a new and different 
Technology Innovation Program.
    While I understand and appreciate that the Chairman and Majority 
staff have incorporated input from the Administration in the 
legislative text of Section 204 before us today, some of us have only 
had a few days to review it.
    And unlike most of the provisions in this bill, which have been 
approved by the Committee previously, Section 204 represents new 
provisions and new language.
    And neither this subcommittee nor the Full Committee has held 
hearings on these new provisions.
    After reviewing this section of the bill, I think our national 
laboratories could play a supporting role in the Technology Innovation 
Program.
    I know for a fact that Argonne National Laboratory in my district 
helps companies large and small overcome major technical challenges 
with research and development, and thus remain competitive.
    The establishment clause of the Technology Innovation Program 
asserts that its purpose is to ``accelerate the development and 
application of challenging high-risk technologies that promise 
widespread economic benefits for our nation.''
    I think it's safe to say that advanced energy technologies fit this 
bill very well. While they are often challenging and involve 
significant risk, accelerating their development would easily lead to 
widespread national economic benefits. In such cases, the Department of 
Energy's National Laboratories could be a company's best partner in 
accelerating the development and application of a new energy 
technology.
    So if we are to be true to the purpose of this program, I can't 
think of any reason why we shouldn't figure out an appropriate way to 
involve our national laboratories.
    Would the Chairman agree to work with me on this idea in advance of 
next week's Full Committee markup?
    (YIELD TO CHAIRMAN WU FOR A RESPONSE)
    I appreciate the Chairman's cooperation. I look forward to working 
with him to ensure our national laboratories can play a meaningful role 
in this new program, and I yield back the balance of my time.

    Chairman Wu. I thank the gentlelady.
    Is there any further discussion on the amendments? If not, 
the vote occurs on both of the amendments. All in favor, say 
aye. Those opposed, say no. The yeas have it, and the amendment 
is agreed to.
    Are there any other amendments? Hearing none, the vote is 
on the bill H.R. 1868, the Technology Innovation and 
Manufacturing Stimulation Act of 2007, as amended. All those in 
favor will say aye. All those opposed will say no. In the 
opinion of the Chair, the ayes have it.
    I recognize Dr. Gingrey to offer a motion.
    Mr. Gingrey. Thank you, Mr. Chairman. I move that the 
Subcommittee favorably report H.R. 1868, as amended, to the 
Full Committee. And furthermore, I move that the staff be 
instructed to prepare the Subcommittee legislative report and 
to make any necessary technical and conforming changes to the 
bill, as amended, in accordance with the recommendations of the 
Subcommittee.
    Chairman Wu. The question is on the motion to report the 
bill favorably. Those in favor of the motion will signify by 
saying aye. Opposed, no. The ayes have it, and the bill is 
favorably reported.
    Without objection, the motion to reconsider----
    Mr. Gingrey. Mr. Chairman, under the Committee rules, I ask 
that Members be permitted to submit supplemental minority or 
additional views on this measure.
    Chairman Wu. So ordered.
    Without objection, the motion to reconsider is laid upon 
the table.
    I want to thank the Members for their attendance, and this 
concludes our subcommittee markup.
    [Whereupon, at 10:37 a.m., the Subcommittee was adjourned.]
                               Appendix:

                              ----------                              


        H.R. 1868, Section-by-Section Analysis, Amendment Roster






               Section-By-Section Analysis of H.R. 1868,
              the Technology Innovation and Manufacturing
                        Stimulation Act of 2007

Section 1. Short title.

    The Technology Innovation and Manufacturing Stimulation Act of 
2007.

Title I--Authorization of Appropriations

Section 101.  Scientific and Technical Research and Services (STRS).

    Authorizes $470.9 million in FY08, $497.8 million in FY09, and 
$537.6 million in FY10 for the NIST lab activities. Authorizes $7.9 
million in FY08, $8.1 million in FY09, and $8.3 million in FY10 for the 
Baldrige National Quality Award Program. Authorizes $93.9 million in 
FY08, $86.4 million in FY09, and $49.7 million for construction and 
maintenance of facilities. The FY08 levels for the labs and 
construction are the same as the President's budget request.

Section 102. Industrial Technology Services (ITS).

    Authorizes $110 million in FY08 for the Technology Innovation 
Program (TIP) which replaces the Advanced Technology Program (ATP) 
later in the bill. Authorizes $141.5 million in FY09 and $150.5 million 
in FY10. Requires that at least $45 million in each year be for new 
awards. Authorizes $113.0 million in FY08, $122.0 million in FY09, and 
$131.8 million in FY10 for the Manufacturing Extension Partnership 
(MEP). Sets aside $1 million in FY08 and $4 million in FY09 and FY10 
from the MEP funds for a competitive grant program established later in 
the bill.

Title II--Innovation and Technology Policy Reforms

Section 201. Institute-wide planning report.

    Requires the Director of NIST to submit a three-year NIST 
programmatic planning document to the Congress at the time of the 
budget submission the first year after enactment, and then to submit 
yearly updates with each new budget submission.

Section 202. Report by Visiting Committee.

    Changes the reporting requirement for the Visiting Committee on 
Advanced Technology (VCAT) to be due 30 days after the submission of 
the President's budget to Congress, and requires the VCAT to comment on 
the NIST Director's three-year planning document.

Section 203. Manufacturing Extension Partnership.

    Establishes the MEP Advisory Board, which consists of 10 members 
appointed by the NIST director, serving three-year terms. Two members 
must be employed by or on advisory boards of one of the MEP Centers, 
and five others must be from small manufacturers; none can be federal 
employees. The board meets no less than twice a year, and provides the 
NIST Director with advice on and assessments of MEP. It also comments 
on the NIST Director's three-year planning document. The Board is 
governed by FACA (Federal Advisory Committee Act).
    Allows MEP to accept funds from other federal agencies and from the 
private sector.
    Establishes the MEP competitive grants program for MEP Centers or 
consortia of Centers. The grants are peer reviewed and competitively 
awarded for Center(s) to conduct projects to solve new or emerging 
manufacturing problems. Awardees are not required to provide matching 
funds.

Sec. 204. Technology Innovation Program.

    Repeals the existing Advanced Technology Program (ATP) statute.

        (a)  Creates a new program, the ``Technology Innovation 
        Program'' with the purpose of assisting businesses and 
        universities to accelerate the development of high-risk 
        technologies that will have a broadly-based economic impact.

        (b)  Grants--Provides the Director of NIST with the authority 
        to make grants under this program to either small- or medium-
        sized businesses or joint ventures. Grants of no more than $3 
        million over three years can be made to single company which 
        must be a small- or medium-sized business. The award may be 
        extended at no additional cost provided there is congressional 
        notice. The funding for a single applicant may only be used for 
        direct costs. Grants may also be made to joint ventures (with 
        either a small- or medium-sized business or a university as the 
        lead of the joint venture). A joint venture grant may not 
        exceed $9 million over a five year period and the federal share 
        of project is limited to no more than 50 percent.

        (c)  Award Criteria--Provides criteria for the selection of 
        grants based upon scientific and technological merit, the 
        project's potential for benefits that extend beyond direct 
        return to the applicant, the inclusion of a technical planning 
        document, the technical competence of the project managers and 
        the organizational structure and management plan, and an 
        explanation of why TIP support is necessary.

        (d)  External Review of Proposals--Requires the Director to 
        consult with industry or other expert sources with no 
        proprietary or financial interest in the project to review the 
        need for or value of any proposal.

        (e)  Intellectual Property Rights Ownership--Addresses 
        allocation of intellectual property developed by a joint 
        venture. Allows IP to vest to any participant as agreed to by 
        the joint venture participants. In accordance with current law 
        allows the Federal Government to retain a license for any IP 
        for U.S. Government use only. Makes clear that joint venture 
        participants can license their IP.

        (f)  Program Operation--Within 90 days the Director shall issue 
        regulations for the operation of the program which include 
        selection criteria, financial and audit procedures and 
        dissemination of results.

        (g)  Continuation of ATP Grants--This requires the TIP to 
        continue funding for awards made under the prior Advanced 
        Technology Program.

        (h)  Coordination with Other Federal Technology Programs--
        Requires the Director to coordinate with other federal agencies 
        to ensure there is no duplication of effort.

        (i)  Acceptance of Funds From Other Federal Agencies--Allows 
        other federal agencies to provide funds to NIST to fund TIP 
        awards.

        (j)  TIP Advisory Board--Establishes in statute the TIP 
        Advisory Board of 10 members, seven of whom are from U.S. 
        industry, serving three-year terms. None are federal employees. 
        The Board meets twice a year and advises on the TIP program. It 
        also comments on the Director's three-year planning document. 
        The Board will be governed by FACA (Federal Advisory Committee 
        Act).

        (k)  Definition--

                 Eligible Company--is majority owned by U.S. citizens 
                or is owned by a parent company incorporated in another 
                country provided that the company's participation is in 
                U.S. economic interests, which includes R&D investment 
                in the U.S., and increasing U.S. employment. Also, the 
                country of incorporation must afford similar 
                opportunities for U.S. companies, and provide for 
                effective protection of IP rights. (This is necessary 
                under WTO rules.)

                 Joint Venture--includes either two separately owned 
                for-profit companies and the lead must be a small- or 
                medium-sized business or at least one small- or medium-
                sized business and one institution of higher education 
                where either can be the lead. Joint ventures may 
                include additional for-profit companies, institutions 
                of higher education or other organizations (such as 
                research institutes).

Sec. 205. Research Fellowships.

    Raises the amount NIST can spend on research fellowships from one 
percent to 1.5 percent of the total appropriations.

Sec. 206. Collaborative Manufacturing Research Pilot Grants.

    Establishes a collaborative manufacturing research pilot grant 
program for partnerships between (at least) one industry and one non-
industry partner, with the purpose of fostering collaboration and 
conducting applied research on manufacturing. The award can be no more 
than one-third of the cost of the partnership, with no more than an 
additional one-third coming from other federal sources. Selection 
criteria for the awards are based on the breadth of impact of the 
project, the novelty and scientific merit of the proposal, and the 
demonstrated capability of the participants. Awards are distributed 
among a range of industry sectors and firm sizes. NIST will run one 
pilot competition, funded by an extra $10 million in the STRS budget 
for FY08. Awards are for three years.

Sec. 207. Collaborative Manufacturing Research Pilot Grants.

    Establishes a program of postdoctoral fellowships and senior 
research fellowships at NIST in manufacturing sciences. Paid for by the 
increase to 1.5 percent of total appropriations that NIST can use for 
fellowships.

Sec. 208. Meetings of VCAT.

    Reduces the frequency of meetings for the Visiting Committee on 
Advanced Technology (VCAT) from quarterly to twice annually.




   XXIII. Proceedings of the Full Committee Markup on H.R. 1868, the 
    Technology Innovation and Manufacturing Stimulation Act of 2007

    The Committee met, pursuant to call, at 10:00 a.m., in Room 
2318 of the Rayburn House Office Building, Hon. Bart Gordon 
[Chairman of the Committee] presiding.
    Chairman Gordon. The Committee on Science and Technology 
will come to order. Pursuant to notice, the Committee on 
Science and Technology meets to consider the following 
measures, H.R. 1867, the National Science Foundation 
Authorization Act of 2007; H.R. 1868, Technological Innovation 
and Manufacturing Stimulation Act of 2007; H.Con.Res. 95, 
Honoring the career and research accomplishments of Frances E. 
Allen, the 2006 recipient of the A.M. Turing Award; and H.Res. 
316, Recognizing the accomplishments of Roger D. Kornberg, 
Andrew Fire, Craig Mello, John C. Mather, and George F. Smoot 
for being awarded Nobel Prizes in the fields of chemistry, 
physiology or medicine, and physics.
    And we will now proceed with the markup. Today the 
Committee is meeting to markup four good, bipartisan bills. The 
first bill we will consider today is H.R. 1867, the National 
Science Foundation Authorization Act of 2007. H.R. 1867 was 
introduced by Chairman Baird, Ranking Member Ehlers, and other 
Members of the Research and Science Education Subcommittee. The 
Subcommittee met last Wednesday to consider H.R. 1867 and 
favorably reported the bill by voice vote after adopting three 
amendments. I want to thank and congratulate Members of the 
Subcommittee for their hard work and bipartisan cooperation on 
this excellent bill.
    The core of this bill is the three-year authorization that 
keeps the Foundation on a ten-year doubling path. NSF is a 
major source of federal backing for basic research at 
universities across all disciplines, and Members of the Science 
and Technology Committee often have a difficult time explaining 
to our constituents and other Members of Congress why it is so 
important to fund basic research. The benefits to you and me 
can seem so intangible in comparison to many of the other 
things the Federal Government does. But with the publicity 
around the recent reports like Rising Above the Gathering 
Storm, more of our colleagues and constituents understand that 
federally funded research pays enormous dividends to society.
    Economic growth, public health, national defense, and 
social advancements have all been tied to technological 
developments resulting from basic research. Let me just quickly 
add that as we know, there is a long time between basic 
research and applied research; and what we are talking about 
really--when we look at the big problems today, whether they 
are energy independence, whether it is climate change, whether 
it is competitiveness, our kids' and grandkids' jobs really are 
going to depend upon the technology that is developed today. 
There are seven billion people in the world, half of which make 
less $2 a day. We can't compete with them at $2. We don't want 
to. So it is the technologies that we are developing today that 
are going to let our kids and grandkids be more productive, and 
that is why it is so important that the National Science 
Foundation continue to do its work.
    In addition to providing strong research budgets, H.R. 1867 
provides important funding for some critical STEM education 
programs including three K-12 programs this committee expanded 
and refined in H.R. 362 which I am happy to say just passed the 
House yesterday. And again, I want to thank everyone here for 
that bipartisan work. It is a good bill. Mr. Gingrey spoke on 
it, and certainly Ralph and others spoke to that. I hope that 
everybody is in their local newspapers today because you were 
all a part of this bill, and it is a very good bill.
    And I am pleased that H.R. 1867 once again reaffirms the 
critical role that the National Science Foundation plays with 
STEM education. This is a good bill, and I urge my colleagues 
to support it and continue to work with me to assure that the 
rest of our colleagues in Congress understand the value of 
basic research as we do.
    Today we will also take up H.R. 1868, the Technological 
Innovation and Manufacturing Stimulation Act of 2007. This is 
an authorization bill for the programs of the National 
Institute of Standards and Technology, NIST. This bill is a 
bipartisan product of the Technology and Innovation 
Subcommittee, and I want to commend Chairman Wu and Ranking 
Member Gingrey for moving this bill through the Subcommittee 
expeditiously. The Science and Technology Committee needs to 
send a strong signal to the Appropriations Committees about the 
importance we place on full funding of NIST. The pace of 
technology keeps accelerating, particularly in areas such as 
biofuels, pharmaceutical biologics, and health care IT. NIST 
has an important role to play in the adoption of these 
technologies through the creation of standards and the new 
measurement technologies.
    And let me speak just a moment on this. You know, NIST is 
probably one of the most under-estimated aspects of the Federal 
Government. It was originally meant to take care of measures 
and standards. Now it goes much beyond that, and I think it is 
an agency that all of us can feel comfortable with because this 
is not a regulatory agency. This is an agency that brings 
together the business community and the manufacturing 
community, to work out problems on standards. And I think you 
are going to find that our committee here, besides the 
Technology and Innovation Subcommittee, is going to get a lot 
more respect within Washington and elsewhere because of this 
agency. We are where the Commerce Committee has been stagnant 
in terms of health care IT. Ways and Means hasn't been able to 
go forward. We are going to be able to step forward and solve 
some of those problems where the health care community is going 
to look at the Science and Technology Committee as the one who 
made that breakthrough. Financial services is going to look at 
us pretty soon as a committee that can make those kind of 
breakthroughs because of NIST. So we are going to continue 
working on that, and I think you are going to see NIST help us 
to make our committee much more relevant.
    The Committee is also aware of the important role that the 
Manufacturing Extension Partnership, MEP, plays in keeping good 
manufacturing jobs here in the United States, and NIST has a 
proven track record of implementing its technology development 
programs.
    Finally, the last two measures we are considering today, 
H.Con.Res. 95 and H.Res. 316 recognize the outstanding 
achievements of a group of American scientists. It is important 
that Congress recognize Americans who achieve great things in 
science, not just for the satisfaction of individual scientists 
but to show the public that Congress truly values the work that 
scientists do.
    And now I will recognize Mr. Hall to present his opening 
statement.
    [The prepared statement of Chairman Gordon follows:]
               Prepared Statement of Chairman Bart Gordon
    Good Morning. Pursuant to notice, the Committee on Science and 
Technology meets to consider the following measures:

          H.R. 1867, the National Science Foundation 
        Authorization Act of 2007;

          H.R. 1868, Technology Innovation and Manufacturing 
        Stimulation Act of 2007;

          H.Con.Res. 95, Honoring the career and research 
        accomplishments of Frances E. Allen, the 2006 recipient of the 
        A.M. Turing Award; and

          H.Res. 316, Recognizing the accomplishments of Roger 
        D. Kornberg, Andrew Fire, Craig Mello, John C. Mather, and 
        George F. Smoot for being awarded Nobel Prizes in the fields of 
        chemistry, physiology or medicine, and physics.

    Today the Committee is meeting to markup four good bipartisan 
bills. The first bill we will consider today is H.R. 1867, the National 
Science Foundation Authorization Act of 2007. H.R. 1867 was introduced 
by Chairman Baird, Ranking Member Ehlers and other Members of the 
Research and Science Education Subcommittee.
    The Subcommittee met last Wednesday to consider H.R. 1867, and 
favorably reported the bill by voice vote after adopting three 
amendments. I want to thank and congratulate Members of the 
Subcommittee for their hard work and bipartisan cooperation on this 
excellent bill. The core of this bill is the three-year authorization 
that keeps the Foundation on a 10-year doubling path.
    NSF is a major source of federal backing for basic research at 
universities, across all disciplines.
    Members of the Science and Technology Committee often have a 
difficult time explaining to our constituents and other Members of 
Congress why it is so important to fund basic research. The benefits to 
you and me can seem so intangible in comparison to many of the other 
things the Federal Government funds.
    But with the publicity around recent reports like ``Rising Above 
the Gathering Storm,'' more of our colleagues and constituents 
understand that federally-funded research pays enormous dividends to 
society. Economic growth, public health, national defense, and social 
advancement have all been tied to technological developments resulting 
from basic research.
    In addition to providing strong research budgets, H.R. 1867 
provides important funding for some critical STEM education programs, 
including three K-12 programs that this committee expanded and refined 
in H.R. 362, which I am happy to say just passed the House yesterday.
    The education programs at NSF are perhaps more tangible to the 
typical American, as everybody wants their children to be taught by 
highly qualified teachers and to graduate high school and community 
college prepared for the workforce of the 21st Century, or to have the 
opportunity to pursue even higher degrees if they so desire.
    I am pleased that H.R. 1867 once again reaffirms the critical role 
that NSF plays in STEM education. This is a good bill. I urge my 
colleagues to support it, and to continue to work with me to ensure 
that the rest of our colleagues in Congress understand the value of 
basic research as we do.
    Today, we'll also take up H.R. 1868, the Technology Innovation and 
Manufacturing Stimulation Act of 2007. This is an authorization bill 
for the programs of the National institute of Standards and Technology 
(NIST).
    This bill is the bipartisan product of the Technology and 
Innovation Subcommittee. I want to commend Chairman Wu and Ranking 
Member Gingrey for moving this bill through the Subcommittee 
expeditiously. The Science and Technology Committee needs to send a 
strong signal to the Appropriations Committee about the importance we 
place on full funding for NIST.
    H.R. 1868 places the NIST budget on the path to doubling over the 
next 10 years. The Science and Technology Committee has always been in 
the ``amen corner'' for fully funding all of NIST.
    The pace of technology keeps accelerating--particularly in areas 
such as biofuels, pharmaceutical biologics and health care IT. NIST has 
an important role to play in the adoption of these technologies through 
the creation of standards and new measurement technologies.
    This committee is also aware of the important role that the 
Manufacturing Extension Partnership (MEP) program plays in keeping good 
manufacturing jobs here in the U.S. And NIST has a proven track record 
in implementing its technology development program. H.R. 1868 does an 
excellent job of balancing and funding these priorities and everyone on 
this committee should support this legislation.
    Finally, the last two measures we are considering today, H.Con.Res. 
95 and H.Res. 316, recognize the outstanding achievements of a group of 
American scientists.
    It is important that Congress recognizes Americans who achieve 
great things in the sciences, not just for the satisfaction of the 
individual scientists, but to show the public that the Congress truly 
values the work that scientists do.
    I recognize Mr. Hall to present his opening remarks.

    Mr. Hall. Mr. Chairman, thank you for the chance to make 
some opening remarks. Of course, as you say, we are considering 
two authorization bills relating to the President's American 
Competitive Initiative and two resolutions honoring the 
accomplishments of some very eminent American scientists.
    The National Science Foundation Authorization Act of 2007 
authorizes funding for NSF for the next three fiscal years. 
This measure goes a long way in keeping with the President's 
ACI plan to double the budget within ten years. In fact, it 
goes slightly beyond that to incorporate some of the additions 
to education programs that the House passed just yesterday.
    I appreciate the work of the Subcommittee Ranking Member, 
Mr. Ehlers, for his dedication and work on this bill; and I 
thank the Chairman and I thank Congressman Baird for their 
willingness to cooperate on making this really a truly 
bipartisan endeavor. I look forward to our continuing working 
together to improve this legislation and pass it with broad 
support.
    I am also pleased that we are marking up H.R. 1868, the 
Technology Innovation and Manufacturing Stimulation Act of 
2007. H.R. 1868 supports the President's ACI by setting the 
NIST lab budget on a path to double by fiscal year 2017. This 
bill ensures that America's small- and medium-sized 
manufacturers have access to the latest technologies and 
processes by authorizing the Manufacturing Extension 
Partnership Program.
    Finally, H.R. 1868 authorizes the Technology Innovation 
Program to promote the swift development of high-risk research 
into marketable technologies. And I thank Dr. Ehlers and Dr. 
Gingrey for their extensive input into developing this bill, as 
well as the staff who dedicated considerable time in this 
endeavor. Also I want to thank my Democratic colleagues for 
incorporating these important priorities in this bipartisan 
legislation.
    Mr. Chairman, I am also pleased this committee will honor 
six esteemed American scientists today. H.Con.Res. 95 
recognizes the first woman to receive the prestigious computer 
science A.M. Turing Award, Frances Allen. H.Res. 316 honors the 
five American scientists who received Nobel Prizes in 2006, 
Roger Kornberg for chemistry, Andrew Fire for medicine, Craig 
Mello for Medicine, John Mather for physics, and George Smoot 
for physics.
    And before I close, I want to point out that the NSF and 
NIST bills as you have said, Mr. Chairman, both major pieces of 
legislation, were developed after only a few hearings on each 
topic, only one in the case of NIST. These hearings were at the 
subcommittee level, so only a few Members of the Committee were 
able to attend the hearings. Also, with regard to the NIST 
bill, there was never a hearing on the New Technology 
Innovation Program. In fact, these two bills were put together 
so quickly we have yet to receive all the witnesses' response 
and questions--their response to the questions for the record 
submitted by Members of the Committee.
    So Mr. Chairman, while I certainly support these bills in 
their current form and once I have received all of the 
witnesses' response, I or some other Members may want to 
propose further amendments to these bills when they are 
considered on the House Floor, and I know you will work with us 
on that.
    With that, I yield back the balance of my time, and I thank 
you for laying out a good bill and preparing for a good 
hearing. I yield back.
    [The prepared statement of Mr. Hall follows:]
           Prepared Statement of Representative Ralph M. Hall

          H.R. 1867, National Science Foundation Authorization 
        Act of 2007

          H.R. 1868, Technology Innovation and Manufacturing 
        Stimulation Act of 2007

          H.Con.Res. 95, Honoring the Career and Research 
        Accomplishments of Frances E. Allen, the 2006 Recipient of the 
        A.M. Turing Award

          H.Res. 316, Recognizing the accomplishments of Roger 
        D. Kornberg, Andrew Fire, Craig Mello, John C. Mather, and 
        George F. Smoot for being award Nobel Prizes in the fields of 
        chemistry, physiology or medicine, and physics.

    Thank you, Chairman Gordon, for the chance to make some opening 
remarks about today's markup. Today we are considering two 
authorization bills related to the President's American Competitiveness 
Initiative (ACI) and two resolutions honoring the accomplishments of 
eminent American scientists.
    The National Science Foundation (NSF) Authorization Act of 2007, 
H.R. 1867, authorizes funding for NSF for the next three fiscal years. 
This measure goes a long way in keeping with the President's ACI plan 
to double the budget within ten years. In fact, it goes slightly beyond 
that to incorporate some of the additions to education programs that 
the House passed yesterday. I appreciate the work of the Subcommittee 
Ranking Member, Mr. Ehlers, for his dedication and work on this bill 
and thank the Chairman and Mr. Baird for their willingness to cooperate 
on making this a bipartisan endeavor. I look forward to our continuing 
to work together to improve this legislation and pass it with broad 
support.
    I am pleased to be an original co-sponsor of H.R. 1868, the 
Technology Innovation and Manufacturing Stimulation Act of 2007. H.R. 
1868 supports the President's ACI by setting NIST's lab budget on a 
path to double the budget by fiscal year 2017. The bill will ensure 
America's small- and medium-sized manufacturers have access to the 
latest technologies and processes by authorizing the Manufacturing 
Extension Partnership Program. Finally, H.R. 1868 authorizes the 
Technology Innovation Program to promote the swift development of high-
risk research into marketable technologies. I thank Dr. Ehlers and Dr. 
Gingrey for their extensive input in developing this bill and my 
Democratic colleagues for incorporating our priorities into this 
bipartisan legislation.
    I also am pleased the Committee will honor six esteemed American 
scientists today. H.Con.Res. 95 recognizes the first woman to receive 
the prestigious computer science A.M. Turner award, Frances Allen. 
H.Res. 316 honors the five American scientists who received Nobel 
prizes in 2006: Roger Kornberg for chemistry; Andrew Fire for medicine; 
Craig Mello for medicine; John Mather for physics; and George Smoot for 
physics.
    Before I close, I want to point out that the NSF and NIST bills, 
both major pieces of legislation, were developed after only one hearing 
on each topic. Those hearings were at the Subcommittee level, so only a 
few Members of the Committee were able to attend the hearings. In the 
case of the NIST bill there was never a hearing on the new Technology 
Innovation Program. In fact, these two bills were put together so 
quickly that we have yet to receive all of the witnesses' responses to 
questions for the record submitted by Members of this committee. 
Therefore, Mr. Chairman, while I support these bills in their current 
form, once I have reviewed all of the witnesses responses I, or other 
Members, may want to propose further amendments to these bills when 
they are considered on the House Floor.
    With that I yield back the balance of my time.

    Chairman Gordon. Thank you, Mr. Hall. Let me assure you 
that we want to continue to work in the spirit that we have to 
get good bills. You know, the last NIST authorization was in 
1992 out of this committee. It has been five years since we had 
a National Science Foundation authorization. There have been 
lots of hearings in between, but you know, it is time to get 
something done; and we want to have the best bill possible, and 
you can be absolutely assured that we will continue with that 
collaboration.
    Without objection, Members may place statements in the 
record at this point.
    [The prepared statement of Ms. Johnson follows:]
       Prepared Statement of Representative Eddie Bernice Johnson

Chairman Gordon, Ranking Member Hall, and Members of the Committee on 
Science and Technology,

    I would like to express my support for H.R. 1868, Technology 
Innovation and Manufacturing Stimulation Act of 2007.
    The bill authorizes an eight percent increase per year for the 
National Institute for Standards and Technology's internal labs, which 
hopefully will lead to a doubling of the NIST lab budget in ten years.
    H.R. 1868 is comprehensive authorization of NIST, including the 
Manufacturing Extension Partnership and a program to replace the 
Advanced Technology Program.
    The bill also provides construction funding to finish the much-
needed lab upgrades at NIST campuses and increases the Baldrige Quality 
Award Program to match inflation.
    Mr. Chairman, the Manufacturing Extension Partnership is important 
to Texas.
    The Texas Manufacturing Assistance Center exists to enhance the 
competitive position of my state's manufacturing sector.
    TMAC's manufacturing consultants are located statewide in fourteen 
field offices.
    They work with a wide range of companies to provide technical 
advice, assist with training and implement best business practices.
    TMAC is an alliance of universities, institutes and other entities 
that partner together for the benefit of our State manufacturing 
enterprise. I am glad to know that the Committee will retain the MEP 
within this legislation.
    I am also glad to see that the Committee addressed the issue of the 
embattled Advanced Technology Program, a venture-capital type program 
that bridges the gap between basic research and industrial innovation.
    Early stage investments, funded by ATP, are accelerating the 
development of innovative technologies that promise valuable commercial 
payoffs and strong benefits for the Nation.
    Legislation authorizing the new program, the Technology Innovation 
Program, clarifies the requirements for grants to have wide-spread 
benefits, revises intellectual property issues, and allows universities 
to lead joint ventures.
    The changes also place more emphasis on small- and medium-sized 
entrepreneurial companies.
    Mr. Chairman, H.R. 1868, the Technology Innovation and 
Manufacturing Stimulation Act of 2007, is solid legislation deserving 
of this committee's support.
    Thank you, and I yield back the balance of my time.

    [The prepared statement of Mr. Ehlers follows:]
         Prepared Statement of Representative Vernon J. Ehlers
    This bill reauthorizes the National Institutes of Standards and 
Technology, one of our nation's most critical science organizations. 
Almost every federal agency and U.S. industry sector uses the 
standards, measurements, and certification services that NIST labs 
provide. The future of many cutting-edge technologies depends on the 
research and technical expertise of NIST. Emerging fields such as 
nanotechnology, quantum computing, and bio-engineering will not mature 
into U.S. job-creating industries and markets without the existence of 
scientifically-based industrial standards. There is no other U.S. 
organization, public or private, with the knowledge and skills 
necessary to provide these highly technical services in a non-
discriminatory manner.
    Manufacturing is a key to our nation's economic vitality. This bill 
will help address long-term problems facing our nation's manufacturers 
by broadening and strengthening manufacturing extension services and 
creating a program to revive manufacturing innovation through 
collaborative research and development. The Manufacturing Extension 
Partnership (MEP) program helps small- and medium-sized manufacturers 
improve manufacturing processes, reduce waste, and train workers to use 
new equipment. MEP receives one-third of its funding from the Federal 
Government, one-third from the States, and one-third from fees charged 
to participating small manufacturers.
    I am proud that this bill has been crafted in a bipartisan manner 
and incorporates many ideas included in legislation that I introduced 
and the House passed in both the 108th and 109th Congresses, focused on 
strengthening U.S. manufacturing. Congress must provide a coherent 
federal response to the changes that are underway in manufacturing, and 
to support the technological innovation that is fundamental to 
retaining our manufacturing strength. This bill provides a mechanism 
for that crucial response.

    [The prepared statement of Mr. Gingrey follows:]
           Prepared Statement of representative Phil Gingrey
    Thank you, Chairman Gordon, for holding this markup to consider 
H.R. 1868, the Technology Innovation and Manufacturing Stimulation Act 
of 2007. Also, I want to thank the Chair of the Technology and 
Innovation Subcommittee, Chairman Wu, for incorporating my concerns 
into the bill during the Subcommittee markup.
    Last year, with his American Competitiveness Initiative, President 
Bush provided a vision to maintain America's position in the global 
marketplace by doubling our investment in physical science research 
over the next ten years. H.R. 1868 helps fulfill the President's vision 
by authorizing the National Institute of Standards and Technology, or 
NIST.
    NIST research is crucial to enabling cutting-edge technologies to 
make the leap from basic research into successful commercial products. 
I intend to offer one amendment today that provides NIST, on a trial 
basis, additional flexibility for procuring the services of outside 
technical experts. I will explain my amendment further when it is 
offered.

    Chairman Gordon. Thank you all for your cooperation on 
that. We will now consider H.R. 1868, the Technology Innovation 
and Manufacturing Stimulation Act of 2007.
    I yield to the Chairman of the Technology and Innovation 
Subcommittee, Mr. Wu, for five minutes to describe his bill.
    Mr. Wu. Thank you very much, Mr. Chairman. Last week the 
Technology and Innovation Subcommittee marked up H.R. 1868, the 
Technology Innovation and Manufacturing Stimulation Act of 2007 
to authorize the programs of the National Institute of 
Standards and Technology, or NIST. NIST has not had a 
comprehensive reauthorization since 1992, and it is long 
overdue. I know that Dr. Ehlers shares this view, and I thank 
him, Ranking Member Hall, and Dr. Gingrey for working with us 
in the spirit of cooperation to craft this bill.
    H.R. 1868 contains several provisions from Dr. Ehler's 
bill, H.R. 255, and it is a stronger bill as a result of this 
bipartisan effort.
    For over 100 years, NIST has made important contributions 
to public safety, industrial competitiveness, and economic 
growth through standards and measurements. NIST will be a key 
part of American innovation in the next 100 years. H.R. 1868 
puts NIST on a 10-year path to doubling as an investment in our 
innovation research. We wish we could do better, but the 
numbers are the numbers. H.R. 1868 strengthens the internal 
research at NIST, puts the Manufacturing Extension Partnership 
on a 10-year path doubling and replaces the Advanced Technology 
Program with an innovative effort to target small- and medium-
sized businesses for limited, cost-shared funding of 
technological breakthroughs which potentially have broad public 
benefits.
    H.R. 1868 also makes important changes to manufacturing 
adopted from Dr. Ehler's bill, H.R. 255, which will encourage 
advances in manufacturing technology. Specifically H.R. 1868 
authorizes the NIST laboratory programs at $471 million in 
fiscal year 2008, $498 million in fiscal year 2009, and $538 
million in fiscal year 2010. These numbers put the lab programs 
on a path to doubling in ten years, consistent with the 
President's American Competitiveness Initiative. The bill 
authorizes the construction and maintenance account at $94 
million in fiscal year 2008, $86 million fiscal year 2009, and 
$50 million at fiscal year 2010. These amounts fund the 
completion of laboratory construction and upgrades at the NIST 
Boulder, Colorado, and Gaithersburg, Maryland, campuses. The 
bill authorizes the Manufacturing Extension Partnership at $113 
million in fiscal year 2008, $122 million in fiscal year 2009, 
and $132 million in fiscal year 2010. These amounts put the MEP 
program on a path to doubling in ten years.
    The bill creates the Technology Innovation Program which 
responds to global innovation competition by funding high-risk, 
high-reward, pre-competitive technology development with high 
potential for public benefit focusing on small- and medium-
sized high-tech firms. Many of these policy changes were 
requested by the Administration in its 2002 legislative 
authorization package. The bill provides for $45 million in new 
Technology Innovation Program grants each year. The bill also 
requires the NIST Director to submit an annual planning 
document addressing NIST's direction in the next three years. 
There is agreement on doubling NIST's budget, and we need to 
develop a roadmap on how NIST can best use these resources.
    This bill is a bipartisan work product and a key component 
of our innovation agenda. I urge everyone to support the 
legislation.
    Chairman Gordon. Thank you, Mr. Wu, and Mr. Hall, you are 
recognized.
    Mr. Hall. Mr. Chairman, I yield to Dr. Gingrey who wants to 
speak on this bill. Mr. Gingrey's bill, not Phil Gingrey.
    Mr. Gingrey. This would be the Wu-Ehlers bill, Mr. Ranking 
Member, but thank you for yielding to me. I appreciate it, and 
Mr. Chairman, thank you for holding a markup on H.R. 1868, the 
Technology Innovation and Manufacturing Stimulation Act of 
2007, and I certainly want to thank my Chair on the Technology 
and Innovation Subcommittee, David Wu; and he incorporated my 
concerns into the bill during the Subcommittee markup, and he 
has explained this bill so thoroughly that I will have very few 
words to add. But I will add a few.
    Last year, with his American Competitiveness Initiative, 
President Bush provided a vision to maintain America's position 
in the global marketplace by doubling our investment in 
physical science research over the next ten years. You have 
heard comments earlier on the previous bill, the funding of the 
reauthorization of the National Science Foundation and doubling 
that funding over ten years. Yes, we wish it could be quicker 
but as it has been said, it is what it is.
    H.R. 1868, of course, helps fulfill the President's vision 
by authorizing the National Institute of Standards and 
Technology, or as we know it, NIST. NIST research is so crucial 
to enabling cutting-edge technologies to make the leap from 
basic research into successful commercial products. I do intend 
to offer one amendment today that provides NIST on a trial 
basis a little additional flexibility for procuring the 
services of outside technical experts, and I will explain that 
amendment, Mr. Chairman, further when it is offered. But for 
now, I was actually going to--I have got a brief statement 
because I want to yield time to Dr. Ehlers. I know he has done 
so much work on this bill as Chairman Wu acknowledged in his 
remarks, but as we all know now, he is at the Appropriations 
Committee trying to get us the money that we so desperately 
need for these programs.
    So with that, Mr. Chairman, I will just yield back and look 
forward to commenting on my amendment in a few minutes.
    Chairman Gordon. Thank you, Dr. Gingrey. Does anyone else 
wish to be recognized? Then I ask unanimous consent that the 
bill is considered as read and open to amendment at any point 
and that the Members proceed with the amendments in the order 
of the roster. Without objection, so ordered.
    The first amendment on the roster is offered by the 
gentlelady from Illinois, Ms. Biggert. Are you ready to proceed 
with your amendment?
    Ms. Biggert. Yes, I have an amendment at the desk.
    Chairman Gordon. The Clerk will report the amendment.
    The Clerk. Amendment to H.R. 1868 offered by Mrs. Biggert 
of Illinois.
    Chairman Gordon. I ask unanimous consent to dispense with 
the reading. Without objection, so ordered. The gentlelady is 
recognized for five minutes to explain the amendment.
    Ms. Biggert. Thank you, Mr. Chairman. Section 204 of this 
bill would replace what we have long known as the Advanced 
Technology Program, or ATP, with a new and different Technology 
Innovation Program. My amendment will ensure that other 
organizations such as our National Laboratories continue to 
play a supportive role in the Technology Innovation Program 
much like they have in the ATP Program.
    In particular my amendment makes this point clear in the 
establishment clause in Section 204. It further ensures that 
our National Laboratories can participate in the Technology 
Innovation Program as part of a joint venture with either a 
company or a university as the lead entity.
    Finally, the amendment clarifies that our National 
Laboratories can participate as a third-party supporting a 
joint venture. According to the bill, the purpose of the 
Technology Innovation Program is to ``accelerate the 
development and application of challenging high-risk 
technologies that promise widespread economic benefits for our 
nation.''
    I think it is safe to say that advanced energy technologies 
fit this bill very well. While they are often challenging and 
involve significant risk, accelerating their development would 
easily lead to widespread national economic benefits. In such 
cases, the Department of Energy's National Laboratories could 
be a company or university's best partner in accelerating the 
development and application of new energy technologies.
    So if we are to be true to the purpose of this program, I 
can't think of any reason why our National Laboratories 
shouldn't be able to participate in the program and support 
businesses or universities. I know for a fact that our Argonne 
National Laboratory in my district helps companies large and 
small overcome major technical challenges and thus remain 
competitive with the help of research and development.
    In addition, ensuring our National Labs can play a role in 
this program is consistent with the original law that 
established the ATP program.
    I would like to thank Chairman Gordon and Subcommittee 
Chairman Wu and their staff, especially Mike Quear, for working 
with me and agreeing to this amendment. I also want to thank 
Ranking Member Hall, Subcommittee Ranking Member Gingrey and 
their staff, especially Amy Carroll, for their help and support 
as well. And I would urge my colleagues to support this 
amendment. I yield back the balance of my time.
    Chairman Gordon. Thank you, Ms. Biggert, and we thank you 
for your creativity in working through a small problem that 
there had been with some folks in the past. I think you really 
handled this very well. We thank you.
    Is there other discussion on the amendment?
    Mr. Rohrabacher. Mr. Chairman?
    Chairman Gordon. Mr. Rohrabacher, you are recognized for 
five minutes.
    Mr. Rohrabacher. I think it behooves us to remember when we 
are dealing with NIST that this has served a really important 
function in our society in establishing standards, standards 
that need to be verified for various pieces of equipment and 
various things that we are doing, and actually the cogs and the 
different parts of the system that we have, our manufacturing 
system and machinery throughout our country, depends on 
standards and scientific standards for various endeavors that 
we have; and I would just like to note that I would hope that 
we don't go to the point and focus so much in point on, quote, 
research that we are forgetting that the development of 
standards and the verification of those standards is vitally 
important to the future of our country and to the success of 
overall scientific endeavors. I think of the most important 
things that NIST can do would be to provide verification and 
testing for the scientific and development projects that are 
going on in the private sector. I happen to be involved with 
several private development--research and development programs 
that are not using government money. I have directed people 
away from being involved in government, and these are very 
breakthrough technologies; but their biggest problem with their 
entrepreneur scientists, so to speak, is getting--is having the 
results tested and having them verified that they have achieved 
what they have achieved. And it would seem to me that if there 
was any function of government in the field of science, it is 
to verify and to set--and to alert the public and make public 
their findings as to various technologies--as to the 
effectiveness of various technologies, especially new 
technologies and of course to verify that certain standards of 
operation for the machines that are being developed are 
actually being met.
    So that is just a thought. It fits in with what we are 
talking about here in terms of this amendment, and I thought I 
would put that into the record at this point.
    Chairman Gordon. Thank you, Mr. Rohrabacher, and I agree 
with you that is the core mission of NIST.
    Is there further discussion on this amendment? Mr. Wu.
    Mr. Wu. First of all, I want to thank the gentlewoman from 
Illinois for working with us and commend this positive and 
clarifying amendment which is being offered, and I also want to 
express agreement with the gentleman from California about a 
proper balance between the laboratory side of NIST and the 
standards side of NIST and some of the other things that NIST 
is involved in, all of which are very, very important. This is 
one of the reasons why we have put in the statute a requirement 
for a three-year planning document so that this committee and 
others can supervise a proper balance between the different 
portions of NIST. And finally, I might add that the laboratory 
side of NIST is important to the standards side. Without some 
of the cutting-edge work done there, it would be very difficult 
to set standards for some of the new cutting-edge technologies, 
and the importance of the research there is probably one of the 
reasons why NIST has won several Nobel prizes in the last 
decade. But a proper balance is absolutely crucial. I share the 
gentleman's concern, and I hope that the process that we put 
into place for both a three-year planning document and a 
regular review of that document by this committee and an 
advisory committee will help address the gentleman's concerns.
    Chairman Gordon. Anyone else wish to be recognized? If not, 
the vote occurs on the amendment. All in favor say aye. Those 
opposed nay. The ayes have it and is agreed to.
    The second amendment on the roster is offered by the 
gentleman from Georgia, Dr. Gingrey. Are you ready to proceed 
with your amendment?
    Mr. Gingrey. Mr. Chairman, yes. I have an amendment at the 
desk.
    Chairman Gordon. The Clerk will report the amendment.
    The Clerk. Amendment to H.R. 1868 offered by Mr. Gingrey of 
Georgia.
    Chairman Gordon. I ask unanimous consent to dispense with 
the reading. Without objection, so ordered. The gentleman is 
recognized for five minutes to explain the amendment.
    Mr. Gingrey. Thank you, Mr. Chairman, and before I explain 
the amendment, let me say that I have thoroughly enjoyed that 
tutorial from Mr. Rohrabacher and from Chairman Wu in regard to 
what NIST does. I think it is very, very important for us to 
understand and as they both pointed out to strike that proper 
balance. I had an opportunity to go out to the NIST 
laboratories at Gaithersburg with Dr. Jeffrey a month ago, and 
hopefully I will get an opportunity to go out of the University 
of Colorado and see the facility there. But it is really 
amazing the important work that is done, and I thank the two 
gentlemen for pointing that out.
    Mr. Chairman, this amendment is in response actually to a 
conversation I had with Dr. Jeffrey when we went on that field 
trip and I visited at Gaithersburg, and it was their request 
for a little additional flexibility in their authority to 
initiate what he referred to as short-term contracts with 
technical experts. I didn't know that they couldn't do that but 
apparently not. And NIST wants the authority because they often 
need to seek out a very specific scientific expertise to assist 
on an urgent or a short-term research project.
    For example, under current law, if NIST wants a world 
leading authority in chemical measurements, let us say who is 
now retired, to work with the scientists for a few hours a week 
on chemistry standard, reference data products, the agency 
cannot go directly to that expert. They must--they are required 
to work through a subcontractor, and of course, that just adds 
a lot of time and a lot of additional cost to the process. So 
this amendment is really pretty simple, and again, it was 
requested by NIST, by the Director; and it would simplify the 
process, allow NIST to directly contract with an expert for the 
period of time needed to develop the standard reference 
product. And the amendment is certainly consistent with the 
authority that is provided to other agencies, like the 
Department of Homeland Security. They have that authority. It 
proposes this authority, my amendment, on a temporary basis 
just for the scope of the three years of the authorization. It 
also would require GAO, Government Accountability Office, to 
review how NIST used this new authority during the three-year 
time period and to make any recommendations on whether 
additional safeguards might be needed if such authorities were 
to be made on a permanent basis. So this is a three-year 
request.
    I understand that Chairman Gordon supports my amendment as 
well as Subcommittee Chairman Wu. I urge all of my colleagues 
to also support it, and I yield back my time, Mr. Chairman.
    Chairman Gordon. Thank you, Dr. Gingrey. You were correct 
that this is a good amendment that again improves this bill. Is 
there further discussion on the amendment? If not, all in favor 
say aye, those opposed nay. The ayes have it. The amendment is 
agreed to.
    Mr. Akin is gone now, and I know he had an amendment that 
he subsequently withdrew but let me in his absence say that the 
essence of his amendment was to look at areas for recoupment of 
taxpayer dollars. I personally think this is something we need 
to look into. Much of our basic research is for the public 
good, but I do think there are those areas where it is 
appropriate to have recoupment. We are looking at that--I think 
it is a little premature now because we just don't know how to 
do it because there is really not a model anywhere else, but I 
want you to know the ones of you that would like to see some 
taxpayer dollars come back from this research, we want to look 
at that recoupment and we thank Mr. Akin for getting that 
started.
    So the fourth amendment on the roster----
    Mr. Wu. Mr. Chairman?
    Chairman Gordon. Yes, Mr. Wu.
    Mr. Wu. I would just like to express support for the 
comments that you just made about Mr. Akins' potential 
amendment. Thank you.
    Chairman Gordon. Again, we were working on something like 
that prior to his amendment and we are not quite there, but we 
are going to find out a way to do that.
    The fourth amendment through the roster is offered by the 
gentlelady from Texas, Ms. Johnson. Ms. Johnson was called away 
and so in her absence, I would like to introduce that amendment 
and the Clerk will report the amendment.
    The Clerk. Amendment to H.R. 1868 offered by Ms. Eddie 
Bernice Johnson of Texas.
    Chairman Gordon. I ask unanimous consent to dispense with 
the reading. And without objection, so ordered.
    Since the gentlelady is gone, Dr. Gingrey, once again, an 
active person that he is today, was co-sponsoring that 
amendment and in Ms. Johnson's absence I will let you make 
whatever comments you would like to make, please, sir.
    Mr. Gingrey. Well, Mr. Chairman I only would say that I 
would absolutely support the amendment. It is a good amendment. 
It updates a lot of the logistics at the Baldrige National 
Quality Award. So you know, we talked about it. It is just a 
common-sense amendment, and I am fully supportive of it and I 
yield back.
    [The prepared statement of Ms. Johnson follows:]
       Prepared Statement of Representative Eddie Bernice Johnson
    Thank you, Mr. Chairman and Ranking Member, for the opportunity to 
present my and Dr. Gingrey's bipartisan amendment to the Technology 
Innovation and Manufacturing Stimulation Act of 2007.
    The amendment is similar to H.R. 1231, a bill to amend the Malcolm 
Baldrige National Quality Award from the National Institute of 
Standards and Technology--also called NIST.
    This award, given each year, is the Nation's highest honor for 
organizational performance excellence.
    Innovation, recognized by the Baldrige Award, originates from 
businesses in a variety of sectors, including manufacturing, service, 
small business, education, health care, and nonprofit.
    It enables organizations to improve performance results, gain and 
sustain competitive advantages, foster social responsibility and 
ethical behavior, and increase organizational sustainability.
    On March 13th of this year, Vice President Cheney and Commerce 
Secretary Gutierrez presented three U.S. organizations with the Malcolm 
Baldrige National Quality Award.
    Awards went to:

          Premier Incorporated, from San Diego--for the 
        ``service'' category;

          MESA Products, Incorporated, from Tulsa, Oklahoma--
        for the ``small business'' category; and

          North Mississippi Medical Center, from Tupelo, 
        Mississippi--for the ``health care'' category.

    Each of these businesses has a great story to tell.
    The Baldrige Award, with its prestige, draws national attention to 
entities that excel in innovations in quality.
    These innovations may be shared for the benefit of our entire 
country.
    Mr. Chairman, my amendment today would make two changes to the 
structure of the program:

        (1)  It would remove the per-category restriction for number of 
        awards; and

        (2)  It would set the maximum number of awards at 18.

    These changes are budget-neutral, according to the National 
Institute for Standards and Technology.
    The American Society for Quality, which manages the Baldrige 
program, has worked closely with this committee and strongly supports 
these changes.
    I would like to thank Dr. Gingrey for his partnership as a co-
sponsor of this amendment.
    As Technology and Innovation Subcommittee Ranking Member, and a 
medical doctor, Dr. Gingrey has been an engaged bipartisan advocate on 
this and other science legislation, and I thank the gentleman.
    I also thank the Technology Subcommittee Chairman Wu, Dr. Miller, 
and Dr. Ehlers for supporting the free-standing bill version of this 
amendment.
    Finally, I thank the Committee Chairman and Ranking Member, as well 
as all staff involved, for their work and support of this amendment.
    I urge my colleagues support for these changes to the Baldrige 
program and yield back the remainder of my time.

    Chairman Gordon. That is good and succinct. Is there anyone 
else who has further comment?
    Mr. Wu. Mr. Chairman?
    Chairman Gordon. Yes, Mr. Wu.
    Mr. Wu. I just also wanted to express my support of Ms. 
Johnson and Dr. Gingrey's amendment. I think that this will 
improve the Malcolm Baldrige Awards. Thank you.
    Chairman Gordon. Does anyone else wish to be recognized? If 
not, the motion occurs on the amendment. All in favor say aye, 
those opposed no. The ayes have it. The amendment is agreed to.
    Are there any other amendments? Hearing none, the vote is 
on the bill, H.R. 1868 as amended. All those in favor will say 
aye, all those opposed no. In the opinion of the Chair, the 
ayes have it.
    I recognize Mr. Hall to offer a motion.
    Mr. Hall. Mr. Chairman, I move that the Committee favorably 
report H.R. 1868 as amended to the House with the 
recommendation that the bill as amended do pass. Further, I 
move that staff be instructed to prepare the legislative report 
and make necessary technical and conforming changes and that 
the Chairman take all the necessary steps to bring the bill 
before the House for consideration. I yield back.
    Chairman Gordon. Thank you, Mr. Hall. The question is on 
the motion to report the bill favorably. Those in favor of the 
motion will signify by saying aye, opposed no. The ayes have 
it. The bill is reported favorably.
    Without objection the motion to reconsider is laid upon the 
table. I move that Members have two subsequent calendar days in 
which to submit supplemental minority or additional views on 
the measure. I move pursuant to Clause 1 of Rule 22 of the 
House of Representatives that the Committee authorize the 
Chairman to offer such motions as may be necessary in the House 
to adopt and pass H.R. 1868, the Technology Innovation and 
Manufacturing Stimulation Act of 2007, as amended. Without 
objection, so ordered.
    And finally, let me look at all of you say thank you for 
being the hard core and staying here as we completed our 
business. We had four good resolutions today, and I want to 
thank all of you again; and this meeting is concluded.
    [Whereupon, at 11:28 a.m., the Committee was adjourned.]
                               Appendix:

                              ----------                              


Subcommittee Markup Report, H.R. 1868 (as reported from Subcommittee), 
                            Amendment Roster




                  Committee on Science and Technology
               Subcommittee on Technology and Innovation
                          SUBCOMMITTEE MARKUP
                             APRIL 19, 2007

                H.R. 1868, the Technology Innovation and

                 Manufacturing Stimulation Act of 2007

                          Subcommittee Report

I. Purpose

    The purpose of this bill is to authorize appropriations for fiscal 
years 2008, 2009, and 2010 for the National Institute of Standards and 
Technology (NIST) and to require a triennial planning document for the 
Institute; to establish advisory boards for the Institute's two 
industrial technology programs; to create manufacturing science grant 
programs and research fellowships; to create a new technology 
innovation program; and to make technical corrections to the NIST 
statute.

II. Background and Need for Legislation

    Founded in 1901, the National Institute of Standards and Technology 
(NIST) has developed and promoted measurement, standards, and 
technology to enhance productivity, facilitate trade, and improve 
quality of life. NIST is a non-regulatory agency of the U.S. Commerce 
Department's Technology Administration.
    NIST operates in two primary locations: Gaithersburg, MD and 
Boulder, CO. It also operates two institutes jointly with other 
organizations: the Center for Advanced Research in Biotechnology in 
Rockville, MD (with the University of Maryland) and JILA in Boulder, CO 
(with the University of Colorado).
    NIST's staff includes approximately 2,700 scientist, engineers, 
technicians, and support personnel. In addition, 1,800 associates 
complement the staff, and NIST partners with about 1,500 manufacturing 
specialists and staff at affiliated centers around the country. Three 
NIST scientists have earned the Nobel Prize in the last 10 years.
    NIST carries out its mission through four cooperative programs:

          The NIST laboratories conduct research supporting 
        U.S. technology infrastructure by developing tools to measure, 
        evaluate, and standardize, enabling U.S. companies to innovate 
        and remain competitive.

          The Baldrige National Quality Program promotes 
        excellence among U.S. manufacturers, service companies, 
        educational institutions, and health care providers; conducts 
        outreach programs; and manages the annual Malcolm Baldrige 
        National Quality Award recognizing performance excellence and 
        quality among businesses, and education, health care and 
        nonprofit organizations.

          The Manufacturing Extension Partnership (MEP) offers 
        technical and business assistance services to improve the 
        productivity and competitiveness of small manufacturers through 
        a nationwide network of local centers. The centers are funded 
        by a one-third equal match from federal funds, State funds, and 
        fees charged for services.

          The Advanced Technology Program (ATP) accelerates the 
        development of high-risk, innovative technologies that promise 
        broad benefits for the nation by co-funding R&D partnerships 
        with the private sector, including universities.

    In addition, NIST operates two national research facilities:

          The NIST Center for Neutron Research (NCNR) provides 
        an intense source of neutrons used to probe the molecular and 
        atomic structure and dynamics of a wide range of materials. 
        This facility is used heavily by industry. In 2006, researchers 
        from over 40 national labs, 140 U.S. universities, and 60 U.S. 
        companies conducted research at the facility in collaboration 
        with NIST scientists.

          The Center for Nanoscale Science and Technology 
        (CNST) leverages the unique capabilities of the NIST Advanced 
        Measurement Laboratory complex, providing state-of-the-art 
        facilities for nanomanufacturing and nanometrology where 
        industry, universities and other federal laboratories can 
        collaborate in solving critical measurement and fabrication 
        issues necessary to convert nanoscale discoveries into 
        products.

    The Administration's American Competitiveness Initiative (ACI) 
calls for a 10-year doubling of the funding of the NIST laboratories, 
in recognition of the contribution basic measurement and 
standardization science makes to American innovation. However, in 
recent years the budget requests for both ATP and MEP have recommended 
significant funding cuts to both programs, with Congress generally 
restoring the funding.
    NIST's last comprehensive authorization was by the American 
Technology Preeminence Act of 1991 (P.L. 102-245, enacted in 1992) 
which authorized all of NIST's programs for fiscal years 1992 and 1993. 
A portion of NIST was most recently authorized by the Technology 
Administration Act of 1998 (P.L. 105-309, enacted in 1998), which 
authorized only the laboratory programs of the Institute for fiscal 
years 1998 and 1999. Since those bills, NIST has submitted legislative 
authorization requests to the Congress (most recently in 2002) and 
completed a major laboratory upgrade at its Gaithersburg, MD campus 
(the Advanced Metrology Laboratory). It has also embarked on laboratory 
upgrades to its Boulder, CO campus and requested funds for upgrades to 
the Center for Neutron Research. In addition, starting in FY07 the NIST 
budget request has included significant increases for its laboratory 
activities.

III. Subcommittee Actions

    The Subcommittee on Technology and Innovation heard testimony in 
the 110th Congress relevant to the programs authorized in H.R. 1868 at 
a hearing held February 15, 2007. The witnesses at that hearing were 
Dr. William Jeffrey, Director of NIST; Dr. Stan Williams, Senior Fellow 
at Hewlett-Packard testifying on behalf of ASTRA, the Alliance for 
Science & Technology Research in America; Mr. Michael Borrus, General 
Partner of X/Seed Capital; Mr. Peter Murray, Vice President of Welch 
Allyn, Inc.; and Mr. Michael Ryan, President and CEO of TUG 
Technologies Corporation.
    On April 17, 2007, Representative David Wu, Chairman of the 
Subcommittee on Technology and Innovation of the Committee on Science 
and Technology, for himself and Representatives Gingrey, Gordon, Hall 
(TX), Mitchell, and Ehlers, introduced H.R. 1868, the Technology 
Innovation and Manufacturing Stimulation Act of 2007, a bill to 
authorize appropriations for fiscal years 2008, 2009, and 2010 for the 
National Institute of Standards and Technology, and for other purposes.
    The Subcommittee on Technology and Innovation met to consider H.R. 
1868 on Thursday, April 19, 2007, and considered the following 
amendments to the bill:

        1.  Mr. Wu and Dr. Gingrey offered an amendment to make 
        technical corrections to the bill.

        2.  Mr. Matheson offered an amendment to emphasize the need for 
        technology transfer projects to be included in the 
        Manufacturing Extension Center competitive grant program 
        created in Section 203 (c) of the bill.

    By unanimous consent, the amendments were considered en bloc, and 
were agreed to by voice vote. The bill as amended was then adopted by 
voice vote. Dr. Gingrey moved that the Subcommittee favorably report 
H.R. 1868 as amended to the Full Committee, and the motion was agreed 
to by voice vote.

IV. Summary of Major Provisions of the Bill

    Title I of H.R. 1868 authorizes $2.5 billion for the National 
Institute of Standards and Technology for fiscal years 2008-2010, 
including $1.5 billion for scientific and technical research and 
services (STRS), $24 million for the Malcolm Baldrige National Quality 
Award Program; $230 million for construction and maintenance; $367 
million for the Manufacturing Extension Partnership (MEP); and $402 
million for the Technology Innovation Program (TIP), which is 
established in Section 204 of the bill to replace the Advanced 
Technology Program (ATP). Title II requires the Director to submit a 
three-year programmatic planning document and updates concurrent with 
the annual budget request, and requires the Visiting Committee on 
Advanced Technology (VCAT) to comment on this document; creates 
Advisory Boards for the MEP and TIP, which have significant industry 
representation and are required to comment on relevant sections of the 
programmatic planning document and updates; establishes a competitive 
grant program within MEP for MEP Centers or consortia of Centers to 
research manufacturing technologies; repeals the Advanced Technology 
Program and establishes the Technology Innovation Program, which will 
award cost-shared grants to small- and medium-sized businesses and 
joint ventures including universities and other organizations to pursue 
high-risk technologies with potential significant broad benefits to the 
Nation; and establishes a program of research fellowships at NIST in 
manufacturing sciences, and a program of collaborative manufacturing 
grants for industry and non-industry partnerships to pursue innovative, 
multi-disciplinary manufacturing technologies. Title III makes a number 
of technical changes to the NIST statute.

V. Section-by-Section Analysis of the Bill, as reported by the 
                    Subcommittee

SEC. 1. Short title--The Technology Innovation and Manufacturing 
Stimulation Act of 2007.

TITLE I--AUTHORIZATION OF APPROPRIATIONS

SEC. 101. Scientific and Technical Research and Services--Authorizes 
$470.9 million in FY08, $497.8 million in FY09, and $537.6 million in 
FY10 for the NIST lab activities. Authorizes $7.9 million in FY08, $8.1 
million in FY09, and $8.3 million in FY10 for the Baldrige National 
Quality Award Program. Authorizes $93.9 million in FY08, $86.4 million 
in FY09, and $49.7 million for construction and maintenance of 
facilities.

SEC. 102. Industrial Technology Services--Authorizes $110 million in 
FY08, $141.5 million in FY09, and $150.5 million in FY10 for the 
Technology Innovation Program (TIP), which replaces the existing 
Advanced Technology Program (ATP) (see Section 204). Requires that at 
least $45 million in each year be for new TIP awards. Authorizes $113.0 
million in FY08, $122.0 million in FY09, and $131.8 million in FY10 for 
the Manufacturing Extension Partnership (MEP). Sets aside up to $1 
million in FY08 and $4 million in FY09 and FY10 from the MEP funds for 
a competitive grant program established in Section 203(c).

TITLE II--INNOVATION AND TECHNOLOGY POLICY REFORMS

SEC. 201. Institute-Wide Planning Report--Requires the Director of NIST 
to submit a three-year programmatic planning document for NIST to the 
Congress concurrent with the budget submission the first year after 
enactment, and then to submit yearly updates with each new budget 
submission.

SEC. 202. Report by Visiting Committee--Changes the reporting 
requirement for the Visiting Committee on Advanced Technology (VCAT) to 
be due 30 days after the submission of the President's budget to 
Congress, and requires the VCAT to comment on the NIST Director's 
three-year planning document.

SEC. 203. Manufacturing Extension Partnership--Establishes the MEP 
Advisory Board, which consists of 10 members appointed by the NIST 
Director, serving three-year terms. Two members must be employed by or 
on advisory boards of the MEP Centers, and five others must be from 
small manufacturers. None can be federal employees. The board meets no 
less than twice a year, and provides the NIST Director with advice on 
and assessments of MEP. It also comments on the relevant sections of 
the NIST Director's three-year planning document at the same time as 
the VCAT. The Board is governed by the Federal Advisory Committee Act 
(FACA). Allows MEP to accept funds from other federal agencies and from 
the private sector. Establishes the MEP competitive grants program for 
MEP Centers or consortia of Centers. The grants are peer reviewed and 
competitively awarded for Center(s) to conduct projects to solve new or 
emerging manufacturing problems. Awardees are not required to provide 
matching funds.

SEC. 204. Technology Innovation Program--Repeals the existing Advanced 
Technology Program (ATP) statute and creates the Technology Innovation 
Program (TIP).

          Establishment--Creates the ``Technology Innovation 
        Program'' with the purpose of assisting businesses and 
        universities to accelerate the development of high-risk 
        technologies that will have a broadly-based economic impact.

          Grants--Provides the Director of NIST with the 
        authority to make grants under this program to either small or 
        medium-sized businesses or joint ventures. For applicants that 
        are single companies, they must be small or medium-sized 
        businesses. Grants are for no more than $3 million over three 
        years, but can be extended at no additional cost provided there 
        is congressional notice. The funding may only be used for 
        direct costs, and can not be more than 50 percent of total 
        costs. Grants may also be made to joint ventures, which must be 
        led by a small or medium business or a university. A joint 
        venture grant may not exceed $9 million over five years and the 
        federal share of the project must be no more than 50 percent.

          Award Criteria--Provides criteria for the selection 
        of grants based upon scientific and technological merit, the 
        project's potential for benefits that extend beyond direct 
        return to the applicant, the inclusion of a technical planning 
        document, the technical competence of the project team and the 
        organizational structure and management plan, and an 
        explanation of why TIP support is necessary.

          External Review of Proposals--Requires the Director 
        to consult with industry or other expert sources with no 
        proprietary or financial interest in the project to review the 
        need for or value of any proposal.

          Intellectual Property Rights Ownership--Addresses 
        allocation of intellectual property developed by a joint 
        venture. Allows IP to vest to any participant as agreed to by 
        the joint venture participants. In accordance with current law 
        allows the Federal Government to retain a license for any IP 
        for U.S. Government use only. Makes clear that joint venture 
        participants can license their IP.

          Program Operation--Requires the Director to issue 
        regulations within nine months of enactment for the operation 
        of the program, including selection criteria, financial and 
        audit procedures and dissemination of results.

          Continuation of ATP Grants--Requires the TIP to 
        continue funding for awards made under the prior Advanced 
        Technology Program.

          Coordination with Other Federal Technology Programs--
        Requires the Director to coordinate with other federal agencies 
        to ensure there is no duplication of effort.

          Acceptance of Funds From Other Federal Agencies--
        Allows NIST to accept funds from other federal agencies to fund 
        TIP awards. Any awards so funded must be selected and carried 
        out as all other TIP awards.

          TIP Advisory Board--Establishes the TIP Advisory 
        Board, which consists of 10 members appointed by the NIST 
        Director, serving three-year terms. Seven members must be from 
        U.S. industry, and none can be federal employees. The board 
        meets no less than twice a year, and provides the NIST Director 
        with advice on and assessments of TIP. It also comments on the 
        relevant sections of the NIST Director's three-year planning 
        document at the same time as the VCAT. The Board is governed by 
        the Federal Advisory Committee Act (FACA).

          Definitions--

        I24Eligible Company--is majority owned by U.S. citizens or is 
        owned by a parent company incorporated in another country 
        provided that the company's participation is in U.S. economic 
        interests, including R&D investment in the U.S. and increasing 
        U.S. employment. Also, the country of incorporation must afford 
        similar opportunities for U.S. companies, and provide for 

        effective protection of IP rights.I24Joint Venture--includes 
        either two separately owned for-profit companies and the lead 
        must be a small or medium business or at least one small or 
        medium business and one institution of higher education where 
        either can be the lead. Joint ventures may include additional 
        for-profit companies, institutions of higher education or other 

organizations (such as research institutes).SEC. 205. Research 
Fellowships--Raises the amount NIST can spend on research fellowships 
from one percent to 1.5 percent of the total appropriations. This will 
also allow for additional manufacturing research fellowships as 
established in Section 207.

SEC. 206. Collaborative Manufacturing Research Pilot Grants--
Establishes a collaborative manufacturing research pilot grant program 
for partnerships between at least one industry and one non-industry 
partner, with the purpose of fostering collaboration and conducting 
applied research on manufacturing. The award can be no more than one-
third of the cost of the partnership, with no more than an additional 
one-third coming from other federal sources. Selection criteria for the 
awards are based on the breadth of impact of the project, the novelty 
and scientific merit of the proposal, and the demonstrated capability 
of the participants. Awards must be distributed among a range of 
industry sectors and firm sizes. NIST will run one pilot competition 
and awards will be for three years.

SEC. 207. Manufacturing Fellowship Program--Establishes a program of 
postdoctoral and senior research fellowships at NIST in manufacturing 
sciences.

SEC. 208. Meetings of Visiting Committee on Advanced Technology--
Reduces the frequency of meetings for the Visiting Committee on 
Advanced Technology (VCAT) from quarterly to twice annually.

TITLE III--MISCELLANEOUS

SEC. 301. Post-Doctoral Fellows--Raises the cap on the number of post-
doctoral fellows that NIST can accept each year from 60 to 120.

SEC. 302. Financial Agreements Clarification--Authorizes NIST to enter 
into grants and cooperative agreements, in addition to its current 
authority to enter into contracts and cooperative research and 
development agreements (CRADAs).

SEC. 303. Working Capital Fund Transfers--Authorizes NIST to transfer 
up to 0.25 percent of its total appropriations, and any funds from 
other agencies given to NIST to produce Standard Reference Materials, 
into the Working Capital Fund.

SEC. 304. Retention of Depreciation Surcharge--Allows NIST to retain 
the building use and depreciation surcharge fees that are charged by 
the General Services Administration.

SEC. 305. Non-Energy Inventions Program--Repeals an outdated statute 
requiring the NIST Director to establish a program to evaluate 
inventions.

SEC. 306. Redefinition of the Metric System--Clarifies in statute that 
the metric system used in the U.S. is the modern system of metric 
measurement units.

SEC. 307. Repeal of Redundant and Obsolete Authority--Eliminates 
archaic, special-case language related to the definition of units of 
electrical and light measurement.

SEC. 308. Clarification of Standard Time and Time Zones--Specifies that 
standard time in the U.S. is Coordinated Universal Time, and fixes 
technical problems in statute with the time zone definitions.



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