I 
110TH CONGRESS 
1ST SESSION 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. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 17, 2007 
Mr. WU (for himself, Mr. GINGREY, Mr. GORDON of Tennessee, Mr. HALL 
of Texas, Mr. MITCHELL, and Mr. EHLERS) introduced the following bill; 
which was referred to the Committee on Science and Technology 
A BILL 
To authorize appropriations for the National Institute of 
Standards and Technology for fiscal years 2008, 2009, 
and 2010, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Technology Innovation 
and Manufacturing Stimulation Act of 2007’’. 
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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 Tech-
nology— 
(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 appro-
priated 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 Com-
merce for construction and maintenance of facilities of the 
National Institute of Standards and Technology— 
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(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 Sec-
retary of Commerce for Industrial Technology Services ac-
tivities of the National Institute of Standards and Tech-
nology— 
(1) $222,968,000 for fiscal year 2008, of 
which— 
(A) $110,000,000 shall be for the Tech-
nology Innovation Program under section 28 of 
the National Institute of Standards and Tech-
nology 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 Manu-
facturing 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— 
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(A) $141,500,000 shall be for the Tech-
nology Innovation Program under section 28 of 
the National Institute of Standards and Tech-
nology 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 Manu-
facturing 
Extension 
Partnership 
Program 
under sections 25 and 26 of the National Insti-
tute 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 Tech-
nology Innovation Program under section 28 of 
the National Institute of Standards and Tech-
nology 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 Manu-
facturing 
Extension 
Partnership 
Program 
under sections 25 and 26 of the National Insti-
tute of Standards and Technology Act (15 
U.S.C. 278k and 278l), of which not more than 
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$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 Re-
search 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 pro-
grammatic planning document transmitted under sub-
section (c), revised to cover the first 3 fiscal years after 
the date of that update.’’. 
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SEC. 202. REPORT BY VISITING COMMITTEE. 
Section 10(h)(1) of the National Institute of Stand-
ards and Technology Act (15 U.S.C. 278(h)(1)) is amend-
ed— 
(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 Na-
tional Institute of Standards and Technology Act (15 
U.S.C. 278k) is amended by adding at the end the fol-
lowing new subsection: 
‘‘(e) MEP ADVISORY BOARD.—(1) There is estab-
lished 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 stake-
holders, to be appointed by the Director. At least 2 mem-
bers shall be employed by or on an advisory board for the 
Centers, and at least 5 other members shall be from 
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United States small businesses in the manufacturing sec-
tor. No member shall be an employee of the Federal Gov-
ernment. 
‘‘(2)(A) Except as provided in subparagraph (B) or 
(C), the term of office of each member of the MEP Advi-
sory Board shall be 3 years. 
‘‘(B) The original members of the MEP Advisory 
Board shall be appointed to 3 classes. One class of 3 mem-
bers 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 occur-
ring prior to the expiration of the term for which his pred-
ecessor was appointed shall be appointed for the remain-
der 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 Part-
nership programs, plans, and policies; 
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‘‘(B) assessments of the soundness of Manufac-
turing Extension Partnership plans and strategies; 
and 
‘‘(C) 
assessments 
of 
current 
performance 
against Manufacturing Extension Partnership pro-
gram plans. 
‘‘(4) In discharging its duties under this subsection, 
the MEP Advisory Board shall function solely in an advi-
sory capacity, in accordance with the Federal Advisory 
Committee Act. 
‘‘(5) The MEP Advisory Board shall transmit an an-
nual report to the Secretary for transmittal to the Con-
gress 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 rel-
evant 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 Direc-
tor to operate the Centers program, the Secretary and Di-
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rector also may accept funds from other Federal depart-
ments 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 COMPETI-
TIVE GRANT PROGRAM.—Section 25 of the National Insti-
tute 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 sub-
section: 
‘‘(f) COMPETITIVE GRANT PROGRAM.— 
‘‘(1) ESTABLISHMENT.—The Director shall es-
tablish, within the Manufacturing Extension Part-
nership program under this section and section 26 
of this Act, a program of competitive awards among 
participants described in paragraph (2) for the pur-
poses 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 
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new or emerging manufacturing problems as deter-
mined by the Director, in consultation with the Di-
rector of the Manufacturing Extension Partnership 
program, the Manufacturing Extension Partnership 
Advisory Board, and small and medium-sized manu-
facturers. 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 integra-
tion and quality management, 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 informa-
tion as the Director shall require, in consultation 
with the Manufacturing Extension Partnership Advi-
sory Board. 
‘‘(5) SELECTION.—Awards under this sub-
section shall be peer reviewed and competitively 
awarded. The Director shall select proposals to re-
ceive awards— 
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‘‘(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 estab-
lished in the Institute a Technology Innovation Program 
for the purpose of assisting United States businesses and 
institutions of higher education to accelerate the develop-
ment 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 
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emerging and enabling technologies that offer sig-
nificant potential benefits to the United States econ-
omy and a wide breadth of potential application, and 
form an important technical basis for future innova-
tions. Such grants shall be made to eligible compa-
nies 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 Com-
mittee 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 rea-
sons for exceeding 3 years. Federal funds granted 
under paragraph (1)(A) may be used only for direct 
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costs and not for indirect costs, profits, or manage-
ment 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 techno-
logical merit; 
‘‘(2) whose application establishes that the pro-
posed technology has strong potential to generate 
substantial benefits to the Nation that extend sig-
nificantly beyond the direct return to the applicant; 
‘‘(3) whose application establishes that the re-
search 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 re-
search is aimed at overcoming a scientific or techno-
logical barrier; 
‘‘(5) who has provided a technical plan that 
clearly identifies the core innovation, the technical 
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approach, major technical hurdles, and the attend-
ant 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 re-
search and development, has a high level of commit-
ment 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 ad-
vancing the technology into commercial use; and 
‘‘(9) whose application assesses the project’s or-
ganizational 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. 
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‘‘(e) INTELLECTUAL PROPERTY RIGHTS OWNER-
SHIP.— 
‘‘(1) IN
GENERAL.—Title to any intellectual 
property developed by a joint venture from assist-
ance provided under this section may vest in any 
participant in the joint venture, as agreed by the 
members of the joint venture, notwithstanding sec-
tion 202(a) and (b) of title 35, United States Code. 
The United States may reserve a nonexclusive, non-
transferable, 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 dis-
close 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 prop-
erty. 
‘‘(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 sub-
section, the term ‘intellectual property’ means an in-
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vention patentable under title 35, United States 
Code, or any patent on such an invention. 
‘‘(f) PROGRAM
OPERATION.—Not later than 9 
months after the date of enactment of the Technology In-
novation and Manufacturing Stimulation Act of 2007, the 
Director shall issue regulations— 
‘‘(1) establishing criteria for the selection of re-
cipients 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 assist-
ance under this section; and 
‘‘(3) providing for appropriate dissemination of 
Technology Innovation Program research results. 
‘‘(g) CONTINUATION OF ATP GRANTS.—The Direc-
tor 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 TECH-
NOLOGY PROGRAMS.—In carrying out this section, the Di-
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rector 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 FED-
ERAL 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 Pro-
gram Advisory Board. The TIP Advisory Board 
shall consist of 10 members appointed by the Direc-
tor, at least 7 of which shall be from United States 
industry, chosen to reflect the wide diversity of tech-
nical disciplines and industrial sectors represented in 
Technology Innovation Program projects. No mem-
ber shall be an employee of the Federal Government. 
‘‘(2) TERMS OF OFFICE.—(A) Except as pro-
vided in subparagraph (B) or (C), the term of office 
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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 ini-
tial 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 ap-
pointed for the remainder of such term. 
‘‘(D) Any person who has completed two con-
secutive 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 poli-
cies of the Technology Innovation Program; 
‘‘(B) reviews of the Technology Innovation 
Program’s efforts to assess its economic impact; 
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‘‘(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 Pro-
gram funding; and 
‘‘(E) recommendations as to whether, in 
order to better assess whether specific innova-
tions to be pursued are being adequately sup-
ported by the private sector, the Director could 
benefit from advice and information from addi-
tional 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 Sec-
retary for transmittal to the Congress within 30 
days after the submission to Congress of the Presi-
dent’s annual budget request in each year. Such re-
port shall address the status of the Technology In-
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novation Program and comment on the relevant sec-
tions 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 com-
pany 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 incor-
porated 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 
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‘‘(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 competitive-
ness of United States industry); and 
‘‘(ii) the company is incorporated in a 
country which— 
‘‘(I) affords to United States- 
owned companies opportunities, com-
parable 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 op-
portunities comparable to those af-
forded any other company; and 
‘‘(III) affords adequate and effec-
tive protection for the intellectual 
property rights of United States- 
owned companies; 
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‘‘(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 ven-
ture that— 
‘‘(A) includes either— 
‘‘(i) at least 2 separately owned for- 
profit companies that are both substan-
tially 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 me-
dium-sized business; or 
‘‘(ii) at least one small or medium- 
sized business and one institution of higher 
education that are both substantially in-
volved 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 
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‘‘(B) may include additional for-profit com-
panies, institutions of higher education, and 
other organizations that may or may not con-
tribute 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 per-
cent 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 es-
tablish a pilot program of awards to partnerships 
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