[House Report 110-118]
[From the U.S. Government Publishing Office]



110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    110-118

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   PROVIDING FOR CONSIDERATION OF 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

                                _______
                                

 May 1, 2007.--Referred to the House Calendar and ordered to be printed

                                _______
                                

    Ms. Sutton, from the Committee on Rules, submitted the following

                              R E P O R T

                       [To accompany H. Res. 350]

    The Committee on Rules, having had under consideration 
House Resolution 350, by a nonrecord vote, report the same to 
the House with the recommendation that the resolution be 
adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for consideration of H.R. 1868, the 
Technology Innovation and Manufacturing Stimulation Act of 
2007, under a structured rule. The rule provides one hour of 
general debate equally divided and controlled by the chairman 
and ranking minority member of the Committee on Science and 
Technology. The rule waives all points of order against 
consideration of the bill except clauses 9 and 10 of Rule XXI. 
The rule provides that the amendment in the nature of a 
substitute recommended by the Committee on Science and 
Technology now printed in the bill shall be considered as an 
original bill for the purpose of amendment and shall be 
considered as read. All points of order against the committee 
amendment in the nature of a substitute are waived except 
clauses 9 and 10 of Rule XXI.
    The rule makes in order only those amendments printed in 
this report. The amendments made in order may be offered only 
in the order printed in this report, may be offered only by a 
Member designated in this report, shall be considered as read, 
shall be debatable for the time specified in this report 
equally divided and controlled by the proponent and an 
opponent, shall not be subject to amendment, and shall not be 
subject to a demand for a division of the question in the House 
or in the Committee of the Whole. All points of order against 
the amendments except for clauses 9 and 10 of Rule XXI are 
waived. The rule provides one motion to recommit with or 
without instructions. The rule provides that, notwithstanding 
the operation of the previous question, the Chair may postpone 
further consideration of the bill to a time designated by the 
Speaker.

                         EXPLANATION OF WAIVERS

    The waiver of all points of order against consideration of 
the bill (except for clauses 9 and 10 of Rule XXI), includes a 
waiver of Rule XIII, clause 4(a), requiring a three-day layover 
of the committee report. Although the rule waives all points of 
order against the committee amendment and against the 
amendments made in order (except for those arising under 
clauses 9 or 10 of Rule XXI), the Committee is not aware of any 
points of order against the committee amendment, or against the 
amendments made in order. The waivers of all points of order 
are prophylactic in nature.

                            COMMITTEE VOTES

    The results of each record vote on an amendment or motion 
to report, together with the names of those voting for and 
against, are printed below:

Rules Committee record vote No. 146

    Date: May 1, 2007.
    Measure: H.R. 1868.
    Motion by: Mr. Dreier.
    Summary of motion: To grant an open rule.
    Results: Defeated 4-9.
    Vote by Members: McGovern--Nay; Hastings (FL)--Nay; 
Matsui--Nay; Cardoza--Nay; Welch--Nay; Castor--Nay; Arcuri--
Nay; Sutton--Nay; Dreier--Yea; Diaz-Balart--Yea; Hastings 
(WA)--Yea; Sessions--Yea; Slaughter--Nay.

Rules Committee record vote No. 147

    Date: May 1, 2007.
    Measure: H.R. 1868.
    Motion by: Mr. Diaz-Balart.
    Summary of motion: To grant a modified open rule.
    Results: Defeated 4-9.
    Vote by Members: McGovern--Nay; Hastings (FL)--Nay; 
Matsui--Nay; Cardoza--Nay; Welch--Nay; Castor--Nay; Arcuri--
Nay; Sutton--Nay; Dreier--Yea; Diaz-Balart--Yea; Hastings 
(WA)--Yea; Sessions--Yea; Slaughter--Nay.

Rules Committee record vote No. 148

    Date: May 1, 2007.
    Measure: H.R. 1868.
    Motion by: Mr. Hastings (WA).
    Summary of motion: To make in order and provide appropriate 
waivers for an amendment by Rep. Price, Tom (GA), #4, which 
makes regulations for the Director of the National Institute of 
Standards and Technology to establish requirements for 
recoupment of Federal grant funding from profits obtained by 
Technology Innovation Program grant recipients.
    Results: Defeated 4-9.
    Vote by Members: McGovern--Nay; Hastings (FL)--Nay; 
Matsui--Nay; Cardoza--Nay; Welch--Nay; Castor--Nay; Arcuri--
Nay; Sutton--Nay; Dreier--Yea; Diaz-Balart--Yea; Hastings 
(WA)--Yea; Sessions--Yea; Slaughter--Nay.

Rules Committee record vote No. 149

    Date: May 1, 2007.
    Measure: H.R. 1868.
    Motion by: Mr. Sessions.
    Summary of motion: To make in order and provide appropriate 
waivers for an amendment by Rep. Price, Tom (GA), #1, which 
requires that spending in this legislation be offset by 
reductions in spending elsewhere.
    Results: Defeated 4-9.
    Vote by Members: McGovern--Nay; Hastings (FL)--Nay; 
Matsui--Nay; Cardoza--Nay; Welch--Nay; Castor--Nay; Arcuri--
Nay; Sutton--Nay; Dreier--Yea; Diaz-Balart--Yea; Hastings 
(WA)--Yea; Sessions--Yea; Slaughter--Nay.

Rules Committee record vote No. 150

    Date: May 1, 2007.
    Measure: H.R. 1868.
    Motion by: Mr. Sessions.
    Summary of motion: To make in order and provide appropriate 
waivers for an amendment by Rep. Flake (AZ), #6, which would 
repeal the Advanced Technology Program and strike the 
Technology and Innovation Program from the bill.
    Results: Defeated 4-9.
    Vote by Members: McGovern--Nay; Hastings (FL)--Nay; 
Matsui--Nay; Cardoza--Nay; Welch--Nay; Castor--Nay; Arcuri--
Nay; Sutton--Nay; Dreier--Yea; Diaz-Balart--Yea; Hastings 
(WA)--Yea; Sessions--Yea; Slaughter--Nay.

                  SUMMARY OF AMENDMENTS MADE IN ORDER

    1. Wu (OR)/Gingrey (GA): Manager's Amendment. The amendment 
makes a number of clarifications to the Technology Innovation 
Program, including (1) that projects should address critical 
national needs and be high reward; (2) that TIP should 
coordinate with State innovation and technology development 
programs; and (3) a definition of high-risk, high-reward 
research. (10 minutes)
    2. Wynn (MD): The amendment adds firms and/or entities that 
are involved in the development and advancement of 
biotechnology to the definition of technology-related entities 
eligible for grants under the Technology Innovation Program. 
(10 minutes)
    3. Manzullo (IL): The amendment would authorize $2 million 
for NIST to design and develop software that monitors all of 
the federal R&D databases. The software would allow users to 
search via the NIST web site various agency databases by 
material type and/or manufacturing processes to determine what 
and to whom federal manufacturing R&D dollars are being awarded 
and also provide basic information about where manufacturers 
can find assistance. (10 minutes)
    4. Boyda (KS): The amendment highlights that proposed 
technologies receiving grants under the Technology Innovation 
Program may include the replacement of petroleum-based 
materials. (10 minutes)
    5. Boyda (KS): The amendment encourages grants under the 
Technology Innovation Program to include local and regional 
universities that are working in collaboration with small- and 
medium-sized businesses. (10 minutes)

            TEXT OF AMENDMENTS MADE IN ORDER UNDER THE RULE

 1. An Amendment To Be Offered by Representative Wu of Oregon, or His 
                   Designee, Debatable for 10 Minutes

  In section 204, in the proposed section 28(a), insert 
``research and'' after ``to accelerate the''.
  In section 204, in the proposed section 28(a), strike 
``technologies'' and insert ``, high-reward technologies in 
areas of critical national need''.
  In section 204, in the proposed section 28(b)(1), strike 
``this section to eligible companies'' and insert ``this 
section'' .
  In section 204, in the proposed section 28(b)(1), strike 
``high-payoff'' and insert ``high-reward''.
  In section 204, in the proposed section 28(b)(1), strike 
``offer significant potential benefits to the United States 
economy and'' and insert ``address critical national needs and 
have''.
  In section 204, in the proposed section 28(b)(1), strike 
``eligible companies that are''.
  In section 204, in the proposed section 28(b)(1)(A), insert 
``eligible companies that are'' before ``small or''.
  In section 204, in the proposed section 28(h), insert ``State 
and'' after ``Coordination With Other''.
  In section 204, in the proposed section 28(h), insert ``State 
and'' after ``with other senior''.
  In section 204, in the proposed section 28(h), insert ``State 
and'' after ``coordination in''.
  In section 204, in the proposed section 28(k), insert the 
following new paragraph after paragraph (1) (and redesignate 
subsequent paragraphs accordingly):
          ``(2) the term `high-risk, high-reward research' 
        means research that--
                  ``(A) has the potential for yielding results 
                with far-ranging or wide-ranging implications;
                  ``(B) addresses critical national needs 
                related to technology and measurement 
                standards; and
                  ``(C) is too novel or spans too diverse a 
                range of disciplines to fare well in the 
                traditional peer review process.
                              ----------                              


 2. An Amendment To Be Offered by Representative Wynn of Maryland, or 
                 His Designee, Debatable for 10 Minutes

  In section 204, in the proposed section 28(b)(1), insert 
``(including any technological application that uses biological 
systems, living organisms, or derivatives thereof, to make or 
modify products or processes for specific use)'' after 
``enabling technologies''.
                              ----------                              


 3. An Amendment To Be Offered by Representative Manzullo of Illinois, 
               or His Designee, Debatable for 10 Minutes

  At the end of title II, insert the following new section (and 
amend the table of contents accordingly):

SEC. 209. MANUFACTURING RESEARCH DATABASE.

  (a) Establishment.--The National Institute of Standards and 
Technology shall provide for the establishment of a 
manufacturing research database to enable private sector 
individuals and Federal officials to access a broad range of 
information on manufacturing research carried out with funding 
support from the Federal Government.
  (b) Contents.--The database established under subsection (a) 
shall contain--
          (1) all publicly available information maintained by 
        a Federal agency relating to manufacturing research 
        projects funded in whole or in part by the Federal 
        Government; and
          (2) information about all Federal programs that may 
        be of interest to manufacturers.
  (c) Accessibility.--Information contained in the database 
shall be accessible in a manner to enable users of the database 
to easily retrieve information of specific interest to them.
  (d) Fees.--The National Institute of Standards and Technology 
may authorize charging a nominal fee for using the database to 
access information described in subsection (b)(1) as necessary 
to recover the costs of maintaining the database.
  (e) Authorization of Appropriations.--There are authorized to 
be appropriated to the National Institute of Standards and 
Technology $2,000,000 for carrying out this section.
                              ----------                              


4. An Amendment To Be Offered by Representative Boyda of Kansas, or Her 
                   Designee, Debatable for 10 Minutes

  In section 204, in the proposed section 28(c)(2), insert ``, 
to include the replacement of petroleum-based materials,'' 
after ``benefits to the Nation''.
                              ----------                              


5. An Amendment To Be Offered by Representative Boyda of Kansas, or Her 
                   Designee, Debatable for 10 Minutes

  In section 204, in the proposed section 28(b)(1)--
          (1) strike ``or'' at the end of subparagraph (A);
          (2) redesignate subparagraph (B) as subparagraph (C); 
        and
          (3) insert after subparagraph (A) the following new 
        subparagarph:
                  ``(B) small or medium-sized businesses 
                working in collaboration with local and 
                regional universities that are substantially 
                involved and have a leadership role in 
                programmatically steering the application and 
                commercialization of a project; or

                                  
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