HR 1868 RFS
‘‘(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 or other organizations, 
such as national laboratories and nonprofit research insti-
tutes, to accelerate the research and development and ap-
plication of challenging, high-risk, high-reward tech-
nologies in areas of critical national need that promise 
widespread economic benefits for the Nation. 
‘‘(b) GRANTS.— 
‘‘(1) IN GENERAL.—The Director shall make 
grants under this section for research and develop-
ment on high-risk, high-reward emerging and ena-
VerDate Aug 31 2005 
04:06 May 08, 2007
Jkt 059200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H1868.RFS
H1868
bajohnson on PROD1PC77 with BILLS
HR 1868 RFS
bling technologies (including any technological appli-
cation that uses biological systems, living organisms, 
or derivatives thereof, to make or modify products or 
processes for specific use) that address critical na-
tional needs and have a wide breadth of potential 
application, and form an important technical basis 
for future innovations. Such grants shall be made 
to— 
‘‘(A) eligible companies that are small- or 
medium-sized businesses that are substantially 
involved in the research and development, in-
cluding having a leadership role in program-
matically 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 
VerDate Aug 31 2005 
04:06 May 08, 2007
Jkt 059200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H1868.RFS
H1868
bajohnson on PROD1PC77 with BILLS
HR 1868 RFS
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 
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; 
VerDate Aug 31 2005 
04:06 May 08, 2007
Jkt 059200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H1868.RFS
H1868
bajohnson on PROD1PC77 with BILLS
HR 1868 RFS
‘‘(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 
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 
VerDate Aug 31 2005 
04:06 May 08, 2007
Jkt 059200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H1868.RFS
H1868
bajohnson on PROD1PC77 with BILLS
HR 1868 RFS
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. 
‘‘(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 
VerDate Aug 31 2005 
04:06 May 08, 2007
Jkt 059200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H1868.RFS
H1868
bajohnson on PROD1PC77 with BILLS