108 
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-
vention 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 In-
novation and Manufacturing Stimulation Act of 2007, the 
Director shall issue regulations— 
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‘‘(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 STATE AND FED-
ERAL TECHNOLOGY PROGRAMS.—In carrying out this sec-
tion, the Director shall, as appropriate, coordinate with 
other senior State and Federal officials to ensure coopera-
tion and coordination in State and Federal technology pro-
grams and to avoid unnecessary duplication of efforts. 
‘‘(i) ACCEPTANCE OF FUNDS FROM OTHER FED-
ERAL AGENCIES.—In addition to amounts appropriated to 
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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 
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 
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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; 
‘‘(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 
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112 
‘‘(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-
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— 
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113 
‘‘(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 
‘‘(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 
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114 
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; 
‘‘(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; 
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115 
‘‘(B) addresses critical national needs re-
lated to technology and measurement stand-
ards; and 
‘‘(C) is too novel or spans too diverse a 
range of disciplines to fare well in the tradi-
tional peer review process. 
‘‘(3) 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); 
‘‘(4) 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 or other organization, such as a 
national laboratory or nonprofit research 
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116 
institute, 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 
‘‘(B) may include additional for-profit com-
panies, institutions of higher education, and 
other organizations, such as national labora-
tories and nonprofit research institutes, that 
may or may not contribute non-Federal funds 
to the project; and 
‘‘(5) the term ‘TIP Advisory Board’ means the 
advisory board established under subsection (j).’’. 
SEC. 425. 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. 426. COLLABORATIVE MANUFACTURING RESEARCH 
PILOT GRANTS. 
The National Institute of Standards and Technology 
Act is amended— 
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(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 
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 collabora-
tions among firms, educational institutions, research 
institutions, State agencies, and nonprofit organiza-
tions to encourage the development of innovative, 
multidisciplinary manufacturing technologies. Part-
nerships receiving awards under this section shall 
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118 
conduct applied research to develop new manufac-
turing 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 min-
imum— 
‘‘(1) how each partner will participate in devel-
oping 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. 
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‘‘(d) SELECTION CRITERIA.—In selecting applica-
tions for awards under this section, the Director shall con-
sider 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 appli-
cants to successfully carry out the proposed re-
search. 
‘‘(e) DISTRIBUTION.—In selecting applications under 
this section the Director shall ensure, to the extent prac-
ticable, 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 Di-
rector shall run a single pilot competition to solicit and 
make awards. Each award shall be for a 3-year period.’’. 
SEC. 427. 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 sub-
section: 
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‘‘(b) MANUFACTURING FELLOWSHIP PROGRAM.— 
‘‘(1) ESTABLISHMENT.—To promote the devel-
opment of a robust research community working at 
the leading edge of manufacturing sciences, the Di-
rector 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 estab-
lished researchers in industry or at institutions 
of higher education who wish to pursue studies 
related to the manufacturing sciences at the In-
stitute. 
‘‘(2) APPLICATIONS.—To be eligible for an 
award under this subsection, an individual shall sub-
mit 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 sen-
ior research fellowships at levels consistent with sup-
port for a faculty member in a sabbatical position.’’. 
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SEC. 428. MEETINGS OF VISITING COMMITTEE ON AD-
VANCED 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’’. 
SEC. 429. MANUFACTURING RESEARCH DATABASE. 
(a) ESTABLISHMENT.—The National Institute of 
Standards and Technology shall provide for the establish-
ment of a manufacturing research database to enable pri-
vate sector individuals and Federal officials to access a 
broad range of information on manufacturing research 
carried out with funding support from the Federal Gov-
ernment. 
(b) CONTENTS.—The database established under 
subsection (a) shall contain— 
(1) all publicly available information maintained 
by a Federal agency relating to manufacturing re-
search 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. 
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(d) FEES.—The National Institute of Standards and 
Technology may authorize charging a nominal fee for 
using the database to access information described in sub-
section (b)(1) as necessary to recover the costs of main-
taining 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. 
Subtitle C—Miscellaneous 
SEC. 441. POST-DOCTORAL FELLOWS. 
Section 19 of the National Institute of Standards and 
Technology Act (15 U.S.C. 278g–2) is amended by strik-
ing ‘‘nor more than 60 new fellows’’ and inserting ‘‘nor 
more than 120 new fellows’’. 
SEC. 442. FINANCIAL AGREEMENTS CLARIFICATION. 
Section 2(b)(4) of the National Institute of Stand-
ards and Technology Act (15 U.S.C. 272(b)(4)) is amend-
ed by inserting ‘‘and grants and cooperative agreements,’’ 
after ‘‘arrangements,’’. 
SEC. 443. 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: 
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‘‘(g) AMOUNT AND SOURCE OF TRANSFERS.—Not 
more than one-quarter of one percent of the amounts ap-
propriated 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. 444. 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 author-
ized 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 Re-
search Facilities Appropriation Account for use in mainte-
nance and repair of the Institute’s existing facilities.’’. 
SEC. 445. NON-ENERGY INVENTIONS PROGRAM. 
Section 27 of the National Institute of Standards and 
Technology Act (15 U.S.C. 278m) is repealed. 
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