I 

111TH CONGRESS 

2D SESSION H. R. 5074 

To reauthorize the National Institute of Standards and Technology, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 20, 2010 

Mr. WU introduced the following bill; which was referred to the Committee 

on Science and Technology 

A BILL 

To reauthorize the National Institute of Standards and 

Technology, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘National Institute of 

5 Standards and Technology Authorization Act of 2010’’. 

6 SEC. 2. AUTHORIZATION OF APPROPRIATIONS. 

7 (a) FISCAL YEAR 2011.— 

8 (1) IN GENERAL.—There are authorized to be 

9 appropriated to the Secretary of Commerce 


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1 $1,012,100,000 for the National Institute of Stand2 ards and Technology for fiscal year 2011. 

3 (2) SPECIFIC ALLOCATIONS.—Of the amount 

4 authorized under paragraph (1)— 

5 (A) $620,000,000 shall be authorized for 

6 scientific and technical research and services 

7 laboratory activities; 

8 (B) $125,000,000 shall be authorized for 

9 the construction and maintenance of facilities; 

10 and 

11 (C) $267,100,000 shall be authorized for 

12 industrial technology services activities, of 

13 which— 

14 (i) $116,000,000 shall be authorized 

15 for the Technology Innovation Program 

16 under section 28 of the National Institute 

17 of Standards and Technology Act (15 

18 U.S.C. 278n); 

19 (ii) $141,100,000 shall be authorized 

20 for the Manufacturing Extension Partner21 ship program under sections 25 and 26 of 

22 such Act (15 U.S.C. 278k and 278l); and 

23 (iii) $10,000,000 shall be authorized 

24 for the Malcolm Baldrige National Quality 

25 Award program under section 17 of the 


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1 Stevenson-Wydler Technology Innovation 

2 Act of 1980 (15 U.S.C. 3711a). 

3 (b) FISCAL YEAR 2012.— 

4 (1) IN GENERAL.—There are authorized to be 

5 appropriated to the Secretary of Commerce 

6 $1,035,400,000 for the National Institute of Stand7 ards and Technology for fiscal year 2012. 

8 (2) SPECIFIC ALLOCATIONS.—Of the amount 

9 authorized under paragraph (1)— 

10 (A) $657,200,000 shall be authorized for 

11 scientific and technical research and services 

12 laboratory activities; 

13 (B) $85,000,000 shall be authorized for 

14 the construction and maintenance of facilities; 

15 and 

16 (C) $293,200,000 shall be authorized for 

17 industrial technology services activities, of 

18 which— 

19 (i) $132,000,000 shall be authorized 

20 for the Technology Innovation Program 

21 under section 28 of the National Institute 

22 of Standards and Technology Act (15 

23 U.S.C. 278n); 

24 (ii) $150,900,000 shall be authorized 

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1 ship program under sections 25 and 26 of 

2 such Act (15 U.S.C. 278k and 278l); and 

3 (iii) $10,300,000 shall be authorized 

4 for the Malcolm Baldrige National Quality 

5 Award program under section 17 of the 

6 Stevenson-Wydler Technology Innovation 

7 Act of 1980 (15 U.S.C. 3711a). 

8 (c) FISCAL YEAR 2013.— 

9 (1) IN GENERAL.—There are authorized to be 

10 appropriated to the Secretary of Commerce 

11 $1,137,809,000 for the National Institute of Stand12 ards and Technology for fiscal year 2013. 

13 (2) SPECIFIC ALLOCATIONS.—Of the amount 

14 authorized under paragraph (1)— 

15 (A) $696,700,000 shall be authorized for 

16 scientific and technical research and services 

17 laboratory activities; 

18 (B) $122,000,000 shall be authorized for 

19 the construction and maintenance of facilities; 

20 and 

21 (C) $319,109,000 shall be authorized for 

22 industrial technology services activities, of 

23 which— 

24 (i) $147,000,000 shall be authorized 

25 for the Technology Innovation Program 


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1 under section 28 of the National Institute 

2 of Standards and Technology Act (15 

3 U.S.C. 278n); 

4 (ii) $161,500,000 shall be authorized 

5 for the Manufacturing Extension Partner6 ship program under sections 25 and 26 of 

7 such Act (15 U.S.C. 278k and 278l); and 

8 (iii) $10,609,000 shall be authorized 

9 for the Malcolm Baldrige National Quality 

10 Award program under section 17 of the 

11 Stevenson-Wydler Technology Innovation 

12 Act of 1980 (15 U.S.C. 3711a). 

13 (d) FISCAL YEAR 2014.— 

14 (1) IN GENERAL.—There are authorized to be 

15 appropriated to the Secretary of Commerce 

16 $1,188,277,000 for the National Institute of Stand17 ards and Technology for fiscal year 2014. 

18 (2) SPECIFIC ALLOCATIONS.—Of the amount 

19 authorized under paragraph (1)— 

20 (A) $738,500,000 shall be authorized for 

21 scientific and technical research and services 

22 laboratory activities; 

23 (B) $124,000,000 shall be authorized for 

24 the construction and maintenance of facilities; 

25 and 


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1 (C) $325,727,000 shall be authorized for 

2 industrial technology services activities, of 

3 which— 

4 (i) $142,000,000 shall be authorized 

5 for the Technology Innovation Program 

6 under section 28 of the National Institute 

7 of Standards and Technology Act (15 

8 U.S.C. 278n); 

9 (ii) $172,800,000 shall be authorized 

10 for the Manufacturing Extension Partner11 ship program under sections 25 and 26 of 

12 such Act (15 U.S.C. 278k and 278l); and 

13 (iii) $10,927,000 shall be authorized 

14 for the Malcolm Baldrige National Quality 

15 Award program under section 17 of the 

16 Stevenson-Wydler Technology Innovation 

17 Act of 1980 (15 U.S.C. 3711a). 

18 (e) FISCAL YEAR 2015.— 

19 (1) IN GENERAL.—There are authorized to be 

20 appropriated to the Secretary of Commerce 

21 $1,255,955,000 for the National Institute of Stand22 ards and Technology for fiscal year 2015. 

23 (2) SPECIFIC ALLOCATIONS.—Of the amount 

24 authorized under paragraph (1)— 


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1 (A) $782,800,000 shall be authorized for 

2 scientific and technical research and services 

3 laboratory activities; 

4 (B) $133,000,000 shall be authorized for 

5 the construction and maintenance of facilities; 

6 and 

7 (C) $340,155,000 shall be authorized for 

8 industrial technology services activities, of 

9 which— 

10 (i) $144,000,000 shall be authorized 

11 for the Technology Innovation Program 

12 under section 28 of the National Institute 

13 of Standards and Technology Act (15 

14 U.S.C. 278n); 

15 (ii) $184,900,000 shall be authorized 

16 for the Manufacturing Extension Partner17 ship program under sections 25 and 26 of 

18 such Act (15 U.S.C. 278k and 278l); and 

19 (iii) $11,255,000 shall be authorized 

20 for the Malcolm Baldrige National Quality 

21 Award program under section 17 of the 

22 Stevenson-Wydler Technology Innovation 

23 Act of 1980 (15 U.S.C. 3711a). 


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1 SEC. 3. UNDER SECRETARY OF COMMERCE FOR STAND2 ARDS AND TECHNOLOGY. 

3 (a) IN GENERAL.—Section 5 of the Stevenson4 Wydler Technology Innovation Act of 1980 (15 U.S.C. 

5 3704) is amended— 

6 (1) in the heading, by striking ‘‘EXPERI7 MENTAL PROGRAM TO STIMULATE COMPETI8 TIVE’’ and inserting ‘‘STANDARDS AND’’; 

9 (2) in the heading in subsection (a), by striking 

10 ‘‘PROGRAM ESTABLISHMENT’’ and inserting ‘‘ES11 TABLISHMENT OF EXPERIMENTAL PROGRAM TO

12 STIMULATE COMPETITIVE TECHNOLOGY’’; 

13 (3) by redesignating subsections (a) through (c) 

14 as subsections (b) through (d), respectively; and 

15 (4) by inserting before subsection (b), as so re16 designated, the following: 

17 ‘‘(a) UNDER SECRETARY OF COMMERCE FOR STAND18 ARDS AND TECHNOLOGY.— 

19 ‘‘(1) ESTABLISHMENT.— 

20 ‘‘(A) IN GENERAL.—There shall be in the 

21 Department of Commerce an Under Secretary 

22 of Commerce for Standards and Technology 

23 who shall serve as the Director of the National 

24 Institute of Standards and Technology and per25 form such duties as provided for in law and as 

26 the Secretary shall prescribe. 


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1 ‘‘(B) APPOINTMENT.—The Under Sec2 retary of Commerce for Standards and Tech3 nology shall be appointed by the President by 

4 and with the advice and consent of the Senate 

5 and shall be compensated at the rate now or 

6 hereafter provided for level III of the Executive 

7 Schedule Pay Rates (5 U.S.C. 5314). 

8 ‘‘(C) APPLICABILITY.—The individual serv9 ing on the date of enactment of the National 

10 Institute of Standards and Technology Author11 ization Act of 2010 as the Director of the Na12 tional Institute of Standards and Technology 

13 shall also serve as the Under Secretary of Com14 merce for Standards and Technology until such 

15 time as a successor is appointed under subpara16 graph (B). 

17 ‘‘(2) DUTIES.—The Secretary, acting through 

18 the Under Secretary of Commerce for Standards 

19 and Technology, as appropriate, shall— 

20 ‘‘(A) conduct policy analysis on innovation 

21 and technical standards to improve and pro22 mote United States competitiveness in the con23 text of global competition; 

24 ‘‘(B) propose and support studies, in co25 operation with other Federal agencies, to evaluVerDate Nov 24 2008 16:44 Apr 21, 2010 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H5074.IH H5074

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1 ate the effectiveness of measures for improving 

2 Federal Government technology transfer poli3 cies and initiatives; 

4 ‘‘(C) provide that cooperative efforts to 

5 stimulate competitiveness, job creation, and in6 novation be undertaken between the Under Sec7 retary and other officials in the Department of 

8 Commerce responsible for such areas as trade 

9 and economic assistance; 

10 ‘‘(D) support the creation of partnerships 

11 and other joint initiatives by State or local gov12 ernments, regional organizations, private busi13 nesses, institutions of higher education, non14 profit institutions, or Federal laboratories to 

15 encourage technology transfer and innovation; 

16 ‘‘(E) conduct research and support activi17 ties to improve training programs and curricula 

18 for high-tech manufacturing skills and related 

19 skill sets and encourage the dissemination of 

20 best practices involving appropriate Federal 

21 agencies, State or local governments, regional 

22 organizations, institutions of higher education, 

23 or nonprofit institutions; and 

24 ‘‘(F) serve as a focal point for discussions 

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1 terest regarding technology innovation, competi2 tiveness, and job retention and creation.’’. 

3 (b) CONFORMING AMENDMENTS.— 

4 (1) STEVENSON-WYDLER.—Subsection (c) of 

5 section 5 of such Act (15 U.S.C. 3704), as redesig6 nated in subsection (a)(3), is amended to read as 

7 follows: 

8 ‘‘(c) COORDINATION.—To the extent practicable, in 

9 carrying out subsection (b), the Secretary shall coordinate 

10 the program established under such subsection with other 

11 programs of the Department of Commerce.’’. 

12 (2) TITLE 5, UNITED STATES CODE.— 

13 (A) LEVEL III.—Section 5314 of title 5, 

14 United States Code, is amended by inserting 

15 before the item ‘‘Associate Attorney General’’ 

16 the following: 

17 ‘‘Under Secretary of Commerce for Standards 

18 and Technology, the incumbent of which also serves 

19 as Director of the National Institute of Standards 

20 and Technology.’’. 

21 (B) LEVEL IV.—Section 5315 of title 5, 

22 United States Code, is amended by striking 

23 ‘‘Director, National Institute of Standards and 

24 Technology, Department of Commerce.’’. 


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1 (3) NIST ACT.—Section 5 of the National In2 stitute of Standards and Technology Act (15 U.S.C. 

3 274) is amended by striking the following: ‘‘The Di4 rector shall be compensated at the rate in effect for 

5 level IV of the Executive Schedule under section 

6 5315 of title 5, United States Code.’’. 

7 SEC. 4. REORGANIZATION OF NIST LABORATORIES. 

8 (a) ORGANIZATION.—The Director shall reorganize 

9 the scientific and technical research and services labora10 tory program into the following operational units: 

11 (1) The Physical Measurement Laboratory, 

12 whose mission is to realize and disseminate the na13 tional standards for length, mass, time and fre14 quency, electricity, temperature, force, and radiation 

15 by activities including fundamental research in 

16 measurement science, the provision of measurement 

17 services and standards, and the provision of testing 

18 facilities resources for use by the Federal Govern19 ment. 

20 (2) The Information Technology Laboratory, 

21 whose mission is to develop and disseminate stand22 ards, measurements, and testing capabilities for 

23 interoperability, security, usability, and reliability of 

24 information technologies, including cybersecurity 

25 standards and guidelines for Federal agencies, 


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1 United States industry, and the public, through fun2 damental and applied research in computer science, 

3 mathematics, and statistics. 

4 (3) The Engineering Laboratory, whose mission 

5 is to develop and disseminate advanced manufac6 turing and construction technologies to the United 

7 States manufacturing and construction industries 

8 through activities including measurement science re9 search, performance metrics, tools for engineering 

10 applications, promotion of green infrastructure, and 

11 energy efficiency measurements and standards. 

12 (4) The Material Measurement Laboratory, 

13 whose mission is to serve as the national reference 

14 laboratory in biological, chemical, and material 

15 sciences and engineering through activities including 

16 fundamental research in the composition, structure, 

17 and properties of biological and environmental mate18 rials and processes, the development of certified ref19 erence materials and critically evaluated data, and 

20 other programs to assure measurement quality in 

21 materials and biotechnology fields. 

22 (5) The Center for Nanoscale Science and 

23 Technology, a national shared-use facility for 

24 nanoscale fabrication and measurement, whose mis25 sion is to develop innovative nanoscale measurement 


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1 and fabrication capabilities to support researchers 

2 from industry, institutions of higher education, the 

3 National Institute of Standards and Technology, and 

4 other Federal agencies in nanoscale technology from 

5 discovery to production. 

6 (6) The NIST Center for Neutron Research, a 

7 national shared-use facility, whose mission is to pro8 vide neutron-based measurement capabilities to re9 searchers from industry, institutions of higher edu10 cation, the National Institute of Standards and 

11 Technology, and other Federal agencies in support 

12 of materials research, nondestructive evaluation, 

13 neutron imaging, chemical analysis, neutron stand14 ards, dosimetry, and radiation metrology. 

15 (b) REVISION.— 

16 (1) IN GENERAL.—Subsequent to the reorga17 nization required under subsection (a), the Director 

18 may revise the organization of the scientific and 

19 technical research and services laboratory program. 

20 (2) REPORT TO CONGRESS.—Any revision to 

21 the organization of such program under paragraph 

22 (1) shall be submitted in a report to the Committee 

23 on Science and Technology of the House of Rep24 resentatives and the Committee on Commerce, 


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1 Science, and Transportation of the Senate at least 

2 60 days before the effective date of such revision. 

3 SEC. 5. FEDERAL GOVERNMENT STANDARDS AND CON4 FORMITY ASSESSMENT COORDINATION. 

5 (a) COORDINATION.—Section 2(b) of the National In6 stitute of Standards and Technology Act (15 U.S.C. 

7 272(b)) is amended— 

8 (1) in paragraph (12), by striking ‘‘and’’ after 

9 the semicolon; 

10 (2) in paragraph (13), by striking the period at 

11 the end and inserting a semicolon; and 

12 (3) by adding after paragraph (13) the fol13 lowing: 

14 ‘‘(14) to promote collaboration among Federal 

15 departments and agencies and private sector stake16 holders in the development and implementation of 

17 standards and conformity assessment frameworks to 

18 address specific Federal Government policy goals; 

19 and 

20 ‘‘(15) to convene Federal departments and 

21 agencies, as appropriate, to— 

22 ‘‘(A) coordinate and determine Federal 

23 Government positions on specific policy issues 

24 related to international technical standards and 

25 conformity assessment-related activities; and 


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1 ‘‘(B) coordinate Federal department and 

2 agency engagement in the development of inter3 national technical standards and conformity as4 sessment-related activities.’’. 

5 (b) REPORT.—The Director, in consultation with ap6 propriate Federal agencies, shall submit a report annually 

7 to Congress addressing the Federal Government’s tech8 nical standards and conformity assessment-related activi9 ties. The report shall identify— 

10 (1) current and anticipated international stand11 ards and conformity assessment-related issues that 

12 have the potential to impact the competitiveness and 

13 innovation capabilities of the United States; 

14 (2) any action being taken by the Federal Gov15 ernment to address these issues and the Federal 

16 agency taking that action; and 

17 (3) any action that the Director is taking or 

18 will take to ensure effective Federal Government en19 gagement on technical standards and conformity as20 sessment-related issues, as appropriate, where the 

21 Federal Government is not effectively engaged. 

22 SEC. 6. MANUFACTURING EXTENSION PARTNERSHIP. 

23 (a) COMMUNITY COLLEGE SUPPORT.—Section 25(a) 

24 of the National Institute of Standards and Technology Act 

25 (15 U.S.C. 278k(a)) is amended— 


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1 (1) in paragraph (4), by striking ‘‘and’’ after 

2 the semicolon; 

3 (2) in paragraph (5), by striking the period at 

4 the end and inserting ‘‘; and’’; and 

5 (3) by adding after paragraph (5) the following: 

6 ‘‘(6) providing to community colleges informa7 tion about the job skills needed in small- and me8 dium-sized manufacturing businesses in the regions 

9 they serve.’’. 

10 (b) INNOVATIVE SERVICES INITIATIVE.— 

11 (1) IN GENERAL.—Section 25 of such Act (15 

12 U.S.C. 278k) is amended by adding at the end the 

13 following: 

14 ‘‘(g) INNOVATIVE SERVICES INITIATIVE.— 

15 ‘‘(1) ESTABLISHMENT.—The Director may es16 tablish, within the Centers program under this sec17 tion, an innovative services initiative to assist small18 and medium-sized manufacturers in— 

19 ‘‘(A) reducing their energy usage and envi20 ronmental waste to improve profitability; and 

21 ‘‘(B) accelerating the domestic commer22 cialization of new product technologies, includ23 ing components for renewable energy systems. 

24 ‘‘(2) MARKET DEMAND.—The Director may not 

25 undertake any activity to accelerate the domestic 


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1 commercialization of a new product technology 

2 under this subsection unless an analysis of market 

3 demand for the new product technology has been 

4 conducted.’’. 

5 (2) GRANTS.—Section 33 of such Act (15 

6 U.S.C. 278r) is amended by adding at the end the 

7 following: 

8 ‘‘(g) INNOVATIVE SERVICES.—The Director may 

9 make awards under this section to carry out the innovative 

10 services initiative under section 25(g).’’. 

11 (c) REPORTS.—Section 25 of such Act (15 U.S.C. 

12 278k) is further amended by adding at the end the fol13 lowing: 

14 ‘‘(h) REPORTS.— 

15 ‘‘(1) IN GENERAL.—In submitting the 3-year 

16 programmatic planning document and annual up17 dates under section 23, the Director shall include an 

18 assessment of the Director’s governance of the pro19 gram established under this section. 

20 ‘‘(2) CRITERIA.—In conducting such assess21 ment, the Director shall use the criteria established 

22 pursuant to the Malcolm Baldrige National Quality 

23 Award under section 17(d)(1)(C) of the Stevenson24 Wydler Technology Innovation Act of 1980 (15 

25 U.S.C. 3711a(d)(1)(C)).’’. 


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1 (d) HOLLINGS MANUFACTURING EXTENSION PART2 NERSHIP PROGRAM COST-SHARING.—Section 25(c) of 

3 such Act (15 U.S.C. 278k(c)) is amended— 

4 (1) in paragraph (1), by inserting ‘‘, unless oth5 erwise determined under paragraph (3)(C)’’ before 

6 the period at the end; 

7 (2) in paragraph (3)— 

8 (A) in subparagraph (B)— 

9 (i) by striking ‘‘not less than 50 per10 cent of the costs incurred for the first 3 

11 years and an increasing share for each of 

12 the last 3 years’’ and inserting ‘‘the appli13 cant’s share of the costs incurred (in this 

14 subsection referred to as ‘cost share’)’’; 

15 and 

16 (ii) by striking ‘‘For purposes of the 

17 preceding sentence, the’’ and inserting 

18 ‘‘The’’; 

19 (B) by redesignating subparagraphs (C) 

20 and (D) as subparagraphs (D) and (E), respec21 tively; 

22 (C) by inserting after subparagraph (B) 

23 the following new subparagraph: 

24 ‘‘(C) The Secretary shall by rule establish 

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1 mining a Center’s cost share. A Center’s cost 

2 share shall in no case exceed 50 percent of the 

3 costs incurred by such Center. The Secretary 

4 shall review each Center’s cost share annually 

5 and at such other times as the Secretary con6 siders appropriate. An adjustment to a Center’s 

7 cost share in a year shall not affect the amount 

8 of Federal funds such Center receives in such 

9 year.’’; and 

10 (D) in subparagraph (D), as redesignated 

11 by subparagraph (B)— 

12 (i) by striking ‘‘50 percent’’ and in13 serting ‘‘cost share’’; and 

14 (ii) by striking ‘‘Center’s contribu15 tion’’ and inserting ‘‘Center’s cost share’’; 

16 and 

17 (3) in paragraph (5)— 

18 (A) in the sixth sentence, by striking ‘‘at 

19 declining levels’’; and 

20 (B) in the last sentence— 

21 (i) by striking ‘‘Funding’’ and insert22 ing ‘‘Unless otherwise determined under 

23 paragraph (3)(C), funding’’; and 

24 (ii) by striking ‘‘one third’’ and insert25 ing ‘‘50 percent’’. 


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1 (e) ADVISORY BOARD.—Section 25(e)(4) of such Act 

2 (15 U.S.C. 278k(e)(4)) is amended to read as follows: 

3 ‘‘(4) FEDERAL ADVISORY COMMITTEE ACT AP4 PLICABILITY.— 

5 ‘‘(A) IN GENERAL.—In discharging its du6 ties under this subsection, the MEP Advisory 

7 Board shall function solely in an advisory ca8 pacity, in accordance with the Federal Advisory 

9 Committee Act. 

10 ‘‘(B) EXCEPTION.—Section 14 of the Fed11 eral Advisory Committee Act shall not apply to 

12 the MEP Advisory Board.’’. 

13 (f) DEFINITIONS.—Section 25 of such Act (15 U.S.C. 

14 278k) is further amended by adding at the end the fol15 lowing: 

16 ‘‘(i) DEFINITION.—In this section, the term ‘commu17 nity college’ means an institution of higher education (as 

18 defined under section 101(a) of the Higher Education Act 

19 of 1965 (20 U.S.C. 1001(a))) at which the highest degree 

20 that is predominately awarded to students is an associate’s 

21 degree.’’. 

22 SEC. 7. BIOSCIENCE RESEARCH PROGRAM. 

23 (a) IN GENERAL.—The National Institute of Stand24 ards and Technology Act (15 U.S.C. 271 et seq.) is 

25 amended— 


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1 (1) by redesignating section 34 as section 35; 

2 and 

3 (2) by inserting after section 33 the following: 

4 ‘‘SEC. 34. BIOSCIENCE RESEARCH PROGRAM. 

5 ‘‘(a) IN GENERAL.—The Director shall establish a 

6 bioscience research program to support research and de7 velopment of standard reference materials, measurements, 

8 methods, and genomic and other data to advance— 

9 ‘‘(1) biological drug research and development; 

10 ‘‘(2) molecular diagnostics; 

11 ‘‘(3) medical imaging technologies; and 

12 ‘‘(4) personalized medicine. 

13 ‘‘(b) UNIVERSITY RESEARCH CENTERS.— 

14 ‘‘(1) ESTABLISHMENT.—The Director may es15 tablish research centers at institutions of higher edu16 cation (in this section referred to as ‘university re17 search centers’) through a competitive application 

18 process to conduct research that furthers the objec19 tives of the bioscience research program. 

20 ‘‘(2) APPLICATION.— 

21 ‘‘(A) IN GENERAL.—An institution of high22 er education seeking to establish a university 

23 research center under this subsection shall sub24 mit an application to the Director at such time, 

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1 tion and assurances as the Director may re2 quire. 

3 ‘‘(B) COMPONENTS.—The application shall 

4 include, at a minimum, a description of— 

5 ‘‘(i) the relevant research and instruc6 tional capacity of the applicant; 

7 ‘‘(ii) the research projects that will be 

8 undertaken by the applicant; 

9 ‘‘(iii) the extent to which the applicant 

10 will partner with industry and the role in11 dustry will play in the research undertaken 

12 by the university research center; 

13 ‘‘(iv) how the applicant will dissemi14 nate research results effectively; and 

15 ‘‘(v) the metrics that will be used to 

16 evaluate the success of the projects under 

17 clause (ii) and the contribution of the uni18 versity research center in furthering the 

19 objectives of the bioscience research pro20 gram. 

21 ‘‘(3) ASSESSMENT.—Not later than 3 years 

22 after the date on which a university research center 

23 is established and every 3 years thereafter, the Di24 rector shall evaluate the university research center 


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1 for its contributions to the bioscience research pro2 gram. 

3 ‘‘(4) ANNUAL MEETING.—If the Director estab4 lishes more than 1 university research center, the 

5 Director shall convene an annual meeting of re6 searchers from all of the university research centers 

7 and the Institute to foster collaboration and commu8 nication. 

9 ‘‘(c) USER FACILITY.—The Director may establish a 

10 bioscience user facility to provide access to advanced or 

11 unique equipment, services, materials, and other resources 

12 to industry, institutions of higher education, nonprofit or13 ganizations, and government agencies to perform research 

14 and testing. 

15 ‘‘(d) POSTDOCTORAL FELLOWS.—The Director shall, 

16 to the extent practicable, assign 1 or more fellows from 

17 the postdoctoral fellowship program established in section 

18 19 to the bioscience research program. 

19 ‘‘(e) PROGRAMMATIC PLANNING DOCUMENT.—The 

20 Director shall ensure that the updates to the pro21 grammatic planning document transmitted to Congress 

22 under section 23(d) include the bioscience research pro23 gram. 

24 ‘‘(f) DEFINITIONS.—In this section: 


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1 ‘‘(1) BIOSCIENCE RESEARCH PROGRAM.—The 

2 term ‘bioscience research program’ means the re3 search and development program authorized under 

4 subsection (a). 

5 ‘‘(2) INSTITUTION OF HIGHER EDUCATION.— 

6 The term ‘institution of higher education’ has the 

7 same meaning given the term in section 101(a) of 

8 the Higher Education Act of 1965 (20 U.S.C. 

9 1001(a)).’’. 

10 (b) VISITING COMMITTEE ON ADVANCED TECH11 NOLOGY AMENDMENTS.—Section 10 of the National Insti12 tute of Standards and Technology Act (15 U.S.C. 278) 

13 is amended— 

14 (1) in subsection (a)— 

15 (A) by striking ‘‘15 members’’ and insert16 ing ‘‘at least 15, but not more than 20, mem17 bers’’; and 

18 (B) by striking ‘‘at least 10’’ and inserting 

19 ‘‘at least 13’’; and 

20 (2) in subsection (h)(1), by striking ‘‘Program 

21 established under section 28’’ and inserting ‘‘pro22 grams established under sections 28 and 34’’. 


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26 

•HR 5074 IH

1 SEC. 8. TIP ADVISORY BOARD. 

2 Section 28(k)(4) of the National Institute of Stand3 ards and Technology Act (15 U.S.C. 278n(k)(4)) is 

4 amended to read as follows: 

5 ‘‘(4) FEDERAL ADVISORY COMMITTEE ACT AP6 PLICABILITY.— 

7 ‘‘(A) IN GENERAL.—In discharging its du8 ties under this subsection, the TIP Advisory 

9 Board shall function solely in an advisory ca10 pacity, in accordance with the Federal Advisory 

11 Committee Act. 

12 ‘‘(B) EXCEPTION.—Section 14 of the Fed13 eral Advisory Committee Act shall not apply to 

14 the TIP Advisory Board.’’. 

15 SEC. 9. DEFINITIONS. 

16 In this Act: 

17 (1) DIRECTOR.—The term ‘‘Director’’ means 

18 the Director of the National Institute of Standards 

19 and Technology. 

20 (2) FEDERAL AGENCY.—The term ‘‘Federal 

21 agency’’ has the meaning given such term in section 

22 4 of the Stevenson-Wydler Technology Innovation 

23 Act of 1980 (15 U.S.C. 3703). 

Æ 


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