![](media/image1.jpeg){width="5.999305555555556in"
height="1.0708333333333333in"}

# Legislative Bulletin..........................................May 2, 2007

**Contents:**

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

H.R. 1868 --- Technology Innovation and Manufacturing Stimulation Act of
2007 *(Wu, D-OR)*

**[Order of Business]{.underline}**: The bill is scheduled for
consideration on May 2, 2007, likely subject to a structured rule.

**[Summary]{.underline}**: H.R. 1868 would authorize funding the
National Institute of Standards and Technology Act (NIST) over the FY
2008 through FY 2010 period, and make several changes to the agency. The
specific provisions of the bill are summarized below.

**Title I**

-   **Authorizes \$1.5 billion** over three years (FY08-FY10) for the
    Department of Commerce for scientific and technical research and
    services of laboratory activities through NIST.

-   **Authorizes \$24.3 million** over three years (FY08-FY10) for the
    Malcolm Baldrige National Quality Award program.

-   **Authorizes \$229.9 million** over three years (FY08-FY10) for the
    Secretary of Commerce for NIST construction and maintenance.

-   **Authorizes \$768 million** over three years (FY08-FY10) for
    Industrial Technology Services activities though NIST, of which:

    -   \$402 million is for the Technology Innovation Program
        established by this Act, of which \$135 million is for **new
        grant awards**; and

    -   \$366 million is for the Manufacturing Extension Partnership
        program, of which \$9 million is for a **new grant program**
        established by this Act.

**Title II**

-   Requires the NIST Director to submit to Congress, a three-year
    programmatic planning document for NIST to Congress.

-   Establishes at NIST, a Manufacturing Extension Partnership (MEP)
    Advisory Board, which would meet at least twice annually and advise
    the Director of NIST on MEP programs, plans, and policies, as well
    as assess the program's performance.

-   Requires NIST **to establish a new grant program** within MEP to
    give grants to Manufacturing Extension Centers to develop projects
    to solve new or emerging manufacturing problems as determined by
    NIST and other entities, and related to supply chain integration and
    quality management, technological needs of manufacturers, and
    available technologies from institutions of higher education,
    laboratories, and other technology-producing entities.

-   **Establishes a new program** at NIST, the Technology Innovation
    Program (TIP), which would assist small and medium-sized U.S.
    businesses, institutions of higher education (IHE), and other
    organizations such as national laboratories, to accelerate the
    development and application of "challenging, high-risk technologies
    that promise wide-spread benefits for the Nation." Grants made to
    businesses under the program could not exceed \$3 million over three
    years, and the federal share of a project funded by the grant could
    not be more than 50% of total project costs. Grants made to "joint
    ventures" (defined in the bill) under the program, could not exceed
    \$9 million over five years, and the federal share could not exceed
    50% of the total cost.

-   Requires NIST to continue to use the new Technology Innovation
    Program to provide support originally awarded under the Advanced
    Technology Program (ATP), which is repealed by this bill.

-   Allows NIST to accept funds from other federal agencies to support
    grants under TIP.

-   Establishes a TIP Advisory Board, which would meet no less than
    twice annually, and would advise NIST on programs, plans, and
    policies of the program. In addition, the Board would be required to
    review TIP's efforts to assess its economic impact and provides
    recommendations regarding the program. Requires the Board to submit
    an annual report to Congress on the programs progress, within 30
    days of the President's annual budget submission to Congress.

-   Requires NIST **to create a new pilot program** to provide grants to
    partnerships to "foster cost-shared collaborations among firms,
    education institutions, research institutions, state agencies, and
    nonprofit organizations to encourage the development of innovative,
    multi-disciplinary manufacturing technologies." The grants would be
    used to "conduct applied research to develop new manufacturing
    processes, techniques, or materials that would contribute to
    improved performance, productivity, and competitiveness of U.S.
    manufacturing, and build lasting alliances among collaborators."
    These partnerships would include at least one manufacturing industry
    partner and one non-industry partner.

-   Directs NIST **to establish a new program** to give stipends to
    postdoctoral research fellowships at NIST for research activities
    related to manufacturing sciences and to senior research fellowships
    to establish researchers in industry or at IHEs who want to pursue
    studies related to the manufacturing sciences at NIST. The purpose
    of the program is to "promote the development of a robust research
    community working at the leading edge of manufacturing sciences."

```{=html}
<!-- -->
```
-   Requires the NIST Director to submit to Congress, a three-year
    programmatic planning document for NIST.

```{=html}
<!-- -->
```
-   Establishes at NIST, a Manufacturing Extension Partnership (MEP)
    Advisory Board, which would meet at least twice annually and advise
    the Director of NIST on MEP programs, plans, and policies, as well
    as assess the program's performance.

-   Requires NIST **to establish a new grant program** within MEP to
    give grants to Manufacturing Extension Centers to develop projects
    to solve new or emerging manufacturing problems as determined by
    NIST and other entities, and related to supply chain integration and
    quality management, technological needs of manufacturers, and
    available technologies from institutions of higher education,
    laboratories, and other technology-producing entities.

-   **Establishes a new program** at NIST, the Technology Innovation
    Program (TIP), which would assist small and medium-sized U.S.
    businesses, institutions of higher education (IHE), and other
    organizations such as national laboratories, to accelerate the
    development and application of "challenging, high-risk technologies
    that promise wide-spread benefits for the Nation." Grants made to
    businesses under the program could not exceed \$3 million over three
    years, and the federal share of a project funded by the grant could
    not be more than 50% of total project costs. Grants made to "joint
    ventures" (defined in the bill) under the program, could not exceed
    \$9 million over five years, and the federal share could not exceed
    50% of the total cost. (insert IP provisions, page 15)

-   Requires NIST to continue to use the new Technology Innovation
    Program to provide support originally awarded under the Advanced
    Technology Program (ATP), which is repealed by this bill.

-   Allows NIST to accept funds from other federal agencies to support
    grants under TIP.

-   Establishes a TIP Advisory Board, which would meet no less than
    twice annually, and would advise NIST on programs, plans, and
    policies of the program. In addition, the Board would review TIP's
    efforts to assess its economic impact and provides recommendations
    regarding the program. Directs the Board to submit an annual report
    to Congress on the programs progress, within 30 days of the
    President's annual budget submission to Congress.

-   Requires NIST **to create a new pilot program** to provide grants to
    partnerships to "foster cost-shared collaborations among firms,
    education institutions, research institutions, state agencies, and
    nonprofit organizations to encourage the development of innovative,
    multi-disciplinary manufacturing technologies." The grants would be
    used to "conduct applied research to develop new manufacturing
    processes, techniques, or materials that would contribute to
    improved performance, productivity, and competitiveness of U.S.
    manufacturing, and build lasting alliances among collaborators."
    These partnerships would include at least one manufacturing industry
    partner and 1 non-industry partner.

-   Directs NIST **to establish a new program** to give stipends to
    post-doctoral research fellowships at NIST for research activities
    related to manufacturing sciences and to senior research fellowships
    to establish researchers in industry or at IHEs who want to pursue
    studies related to the manufacturing sciences at NIST. The purpose
    of the program is to "promote the development of a robust research
    community working at the leading edge of manufacturing sciences."

**Title III**

-   Increases to 120 (from 60), the number of new fellows annually
    allowed to participate in a post-doctoral fellowship program
    operated by NIST and the National Academy of Sciences.

-   Authorizes NIST to transfer up to .25 percent of its total
    appropriations in any fiscal year, and funds provided to NIST from
    other federal agencies for the purpose of production of Standard
    Reference Materials, to be transferred to the Working Capital Fund,
    which is a revolving fund at NIST.

-   Amends current law to clarify the definition of the metric system,
    as follows: "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."

-   Authorizes NIST to issue up to 200 personal service contracts
    annually, to procure the temporary or intermittent services of
    scientific and technical experts and consultants to assist with
    urgent or short-term research projects.

-   Increases to 18 (up from 10), the number of annual awards that can
    be granted under the Malcolm Baldrige National Quality Award
    Program.

**[Possible Conservative Concerns]{.underline}: Some conservatives may
be concerned that H.R. 1868 would create eight new federal programs, and
CBO estimates implementing the bill would authorize \$2.5 billion over
five years. In addition, some conservatives may be concerned that in
order to truly increase American competitiveness, Congress should
decrease government regulations and the tax burden on corporations,
provisions that are not included in H.R. 1868.**

**[Committee Action]{.underline}**: H.R. 1868 was introduced on April
17, 2007, and referred to the House Committee on Science and Technology,
which held a mark-up and reported the bill, as amended, on April 30,
2007.

**[Cost to Taxpayers]{.underline}**: According to CBO, enacting H.R.
1868 would authorize \$803 million in FY 2008, and \$2.5 billion over
five years.

**[Does the Bill Expand the Size and Scope of the Federal
Government?]{.underline}**: Yes. The bill creates eight new programs.

**[Does the Bill Contain Any New State-Government, Local-Government, or
Private-Sector Mandates?]{.underline}**: No.

**[Earmark Compliance]{.underline}**: According to Committee Report
110-115, the "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(t) of rule XXI."

**[Constitutional Authority]{.underline}**: The Science and Technology
Committee, in Committee Report 110-115 cites constitutional authority in
Article I, Section 8, but fails to cite a specific clause.

House Rule XIII, Section 3(d)(1), requires that all committee reports
contain "a statement citing the *specific* powers granted to Congress in
the Constitution to enact the law proposed by the bill or joint
resolution" *(emphasis added).*

**[RSC Staff Contact:]{.underline}** Joelle Cannon;
<joelle.cannon@mail.house.gov>, 202.226.0718.

\###