[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5116 Enrolled Bill (ENR)]
H.R.5116
One Hundred Eleventh Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the fifth day of January, two thousand and ten
An Act
To invest in innovation through research and development, to improve the
competitiveness of the United States, and for other purposes.

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(a) Short Title.--this Act may be cited as the ``America COMPETES
Reauthorization Act of 2010'' or the ``America Creating Opportunities
to Meaningfully Promote Excellence in Technology, Education, and
Science Reauthorization Act of 2010''.
(b) Table of Contents.--The table of contents for this Act is as
follows:

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TITLE I

-OFFICE OF SCIENCE AND TECHNOLOGY POLICY

workforce development for minority and under-represented
groups at NASA.

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TITLE II

-NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

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on Science, Technology, Engineering, and Mathematics.

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5c5906ee880a9b9ab9750e0565d3aae6fb9906546cfa4096d5607f0bd442d027

TITLE IV

-NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

PROGRAMS
SUBTITLE A--NATIONAL SCIENCE FOUNDATION

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TITLE V

-SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS SUPPORT

engineering, and mathematics talent expansion program.

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Foundation's contributions to basic research and education.

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TITLE VI

-INNOVATION

United States and development of national economic
competitiveness strategy.

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TITLE VII

-NIST GREEN JOBS

In this Act:
(1) Director.--In title I, the term ``Director'' means the
Director of the Office of Science and Technology Policy.
(2) STEM.--The term ``STEM'' means the academic and
professional disciplines of science, technology, engineering, and
mathematics.

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TITLE X

-EDUCATION

The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go-Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the Congressional
Record by the Chairman of the Senate Budget Committee, provided that
such statement has been submitted prior to the vote on passage.

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(a) Establishment.--The Director shall establish a committee under
the National Science and Technology Council, including the Office of
Management and Budget, with the responsibility to coordinate Federal
programs and activities in support of STEM education, including at the
National Science Foundation, the Department of Energy, the National
Aeronautics and Space Administration, the National Oceanic and
Atmospheric Administration, the Department of Education, and all other
Federal agencies that have programs and activities in support of STEM
education.
(b) Responsibilities.--The committee established under subsection
(a) shall--
(1) coordinate the STEM education activities and programs of
the Federal agencies;
(2) coordinate STEM education activities and programs with the
Office of Management and Budget;
(3) encourage the teaching of innovation and entrepreneurship
as part of STEM education activities;
(4) review STEM education activities and programs to ensure
they are not duplicative of similar efforts within the Federal
government;
(5) develop, implement through the participating agencies, and
update once every 5 years a 5-year STEM education strategic plan,
which shall--
(A) specify and prioritize annual and long-term objectives;
(B) specify the common metrics that will be used to assess
progress toward achieving the objectives;
(C) describe the approaches that will be taken by each
participating agency to assess the effectiveness of its STEM
education programs and activities; and
(D) with respect to subparagraph (A), describe the role of
each agency in supporting programs and activities designed to
achieve the objectives; and
(6) establish, periodically update, and maintain an inventory
of federally sponsored STEM education programs and activities,
including documentation of assessments of the effectiveness of such
programs and activities and rates of participation by women,
underrepresented minorities, and persons in rural areas in such
programs and activities.
(b) Responsibilities of OSTP.--The Director shall encourage and
monitor the efforts of the participating agencies to ensure that the
strategic plan under subsection (b)(5) is developed and executed
effectively and that the objectives of the strategic plan are met.
(c) Report.--The Director shall transmit a report annually to
Congress at the time of the President's budget request describing the
plan required under subsection (b)(5). The annual report shall
include--
(1) a description of the STEM education programs and activities
for the previous and current fiscal years, and the proposed
programs and activities under the President's budget request, of
each participating Federal agency;
(2) the levels of funding for each participating Federal agency
for the programs and activities described under paragraph (1) for
the previous fiscal year and under the President's budget request;
(3) an evaluation of the levels of duplication and
fragmentation of the programs and activities described under
paragraph (1);
(4) except for the initial annual report, a description of the
progress made in carrying out the implementation plan, including a
description of the outcome of any program assessments completed in
the previous year, and any changes made to that plan since the
previous annual report; and
(5) a description of how the participating Federal agencies
will disseminate information about federally supported resources
for STEM education practitioners, including teacher professional
development programs, to States and to STEM education
practitioners, including to teachers and administrators in schools
that meet the criteria described in subsection (c)(1)(A) and (B) of
section 3175 of the Department of Energy Science Education
Enhancement Act (42 U.S.C. 7381j(c)(1)(A) and (B)).

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DEVELOPMENT.
(a) Interagency Committee.--The Director shall establish or
designate a Committee on Technology under the National Science and
Technology Council. The Committee shall be responsible for planning and
coordinating Federal programs and activities in advanced manufacturing
research and development.
(b) Responsibilities of Committee.--The Committee shall--
(1) coordinate the advanced manufacturing research and
development programs and activities of the Federal agencies;
(2) establish goals and priorities for advanced manufacturing
research and development that will strengthen United States
manufacturing;
(3) work with industry organizations, Federal agencies, and
Federally Funded Research and Development Centers not represented
on the Committee, to identify and reduce regulatory, logistical,
and fiscal barriers within the Federal government and State
governments that inhibit United States manufacturing;
(4) facilitate the transfer of intellectual property and
technology based on federally supported university research into
commercialization and manufacturing;
(5) identify technological, market, or business challenges that
may best be addressed by public-private partnerships, and are
likely to attract both participation and primary funding from
industry;
(6) encourage the formation of public-private partnerships to
respond to those challenges for transition to United States
manufacturing; and
(7) develop, and update every 5 years, a strategic plan to
guide Federal programs and activities in support of advanced
manufacturing research and development, which shall--
(A) specify and prioritize near-term and long-term research
and development objectives, the anticipated time frame for
achieving the objectives, and the metrics for use in assessing
progress toward the objectives;
(B) specify the role of each Federal agency in carrying out
or sponsoring research and development to meet the objectives
of the strategic plan;
(C) describe how the Federal agencies and Federally Funded
Research and Development Centers supporting advanced
manufacturing research and development will foster the transfer
of research and development results into new manufacturing
technologies and United States based manufacturing of new
products and processes for the benefit of society to ensure
national, energy, and economic security;
(D) describe how Federal agencies and Federally Funded
Research and Development Centers supporting advanced
manufacturing research and development will strengthen all
levels of manufacturing education and training programs to
ensure an adequate, well-trained workforce;
(E) describe how the Federal agencies and Federally Funded
Research and Development Centers supporting advanced
manufacturing research and development will assist small- and
medium-sized manufacturers in developing and implementing new
products and processes; and
(F) take into consideration the recommendations of a wide
range of stakeholders, including representatives from diverse
manufacturing companies, academia, and other relevant
organizations and institutions.
(c) Report.--Not later than 1 year after the date of enactment of
this Act, the Director shall transmit the strategic plan developed
under subsection (b)(7) to the Senate Committee on Commerce, Science,
and Transportation, and the House of Representatives Committee on
Science and Technology, and shall transmit subsequent updates to those
committees as appropriate.

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(a) Establishment.--The Director shall establish a working group
under the National Science and Technology Council with the
responsibility to coordinate Federal science agency research and
policies related to the dissemination and long-term stewardship of the
results of unclassified research, including digital data and peer-
reviewed scholarly publications, supported wholly, or in part, by
funding from the Federal science agencies.
(b) Responsibilities.--The working group shall--
(1) identify the specific objectives and public interests that
need to be addressed by any policies coordinated under (a);
(2) take into account inherent variability among Federal
science agencies and scientific disciplines in the nature of
research, types of data, and dissemination models;
(3) coordinate the development or designation of standards for
research data, the structure of full text and metadata, navigation
tools, and other applications to maximize interoperability across
Federal science agencies, across science and engineering
disciplines, and between research data and scholarly publications,
taking into account existing consensus standards, including
international standards;
(4) coordinate Federal science agency programs and activities
that support research and education on tools and systems required
to ensure preservation and stewardship of all forms of digital
research data, including scholarly publications;
(5) work with international science and technology counterparts
to maximize interoperability between United States based
unclassified research databases and international databases and
repositories;
(6) solicit input and recommendations from, and collaborate
with, non-Federal stakeholders, including the public, universities,
nonprofit and for-profit publishers, libraries, federally funded
and non federally funded research scientists, and other
organizations and institutions with a stake in long term
preservation and access to the results of federally funded
research;
(7) establish priorities for coordinating the development of
any Federal science agency policies related to public access to the
results of federally funded research to maximize the benefits of
such policies with respect to their potential economic or other
impact on the science and engineering enterprise and the
stakeholders thereof;
(8) take into consideration the distinction between scholarly
publications and digital data;
(9) take into consideration the role that scientific publishers
play in the peer review process in ensuring the integrity of the
record of scientific research, including the investments and added
value that they make; and
(10) examine Federal agency practices and procedures for
providing research reports to the agencies charged with locating
and preserving unclassified research.
(c) Patent or Copyright Law.--Nothing in this section shall be
construed to undermine any right under the provisions of title 17 or
35, United States Code.
(d) Application with Existing Law.--Nothing defined in section (b)
shall be construed to affect existing law with respect to Federal
science agencies' policies related to public access.
(e) Report to Congress.--Not later than 1 year after the date of
enactment of this Act, the Director shall transmit a report to Congress
describing--
(1) the specific objectives and public interest identified
under (b)(1);
(2) any priorities established under subsection (b)(7);
(3) the impact the policies described under (a) have had on the
science and engineering enterprise and the stakeholders, including
the financial impact on research budgets;
(4) the status of any Federal science agency policies related
to public access to the results of federally funded research; and
(5) how any policies developed or being developed by Federal
science agencies, as described in subsection (a), incorporate input
from the non-Federal stakeholders described in subsection (b)(6).
(f) Federal Science Agency Defined.--For the purposes of this
section, the term ``Federal science agency'' means any Federal agency
with an annual extramural research expenditure of over $100,000,000.

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(a) Management of Scientific Collections.--The Office of Science
and Technology Policy shall develop policies for the management and use
of Federal scientific collections to improve the quality, organization,
access, including online access, and long-term preservation of such
collections for the benefit of the scientific enterprise. In developing
those policies the Office of Science and Technology Policy shall
consult, as appropriate, with--
(1) Federal agencies with such collections; and
(2) representatives of other organizations, institutions, and
other entities not a part of the Federal Government that have a
stake in the preservation, maintenance, and accessibility of such
collections, including State and local government agencies,
institutions of higher education, museums, and other entities
engaged in the acquisition, holding, management, or use of
scientific collections.
(b) Clearinghouse.--The Office of Science and Technology Policy, in
consultation with relevant Federal agencies, shall ensure the
development of an online clearinghouse for information on the contents
of and access to Federal scientific collections.
(c) Disposal of Collections.--The policies developed under
subsection (a) shall--
(1) require that, before disposing of a scientific collection,
a Federal agency shall--
(A) conduct a review of the research value of the
collection; and
(B) consult with researchers who have used the collection,
and other potentially interested parties, concerning--
(i) the collection's value for research purposes; and
(ii) possible additional educational uses for the
collection; and
(2) include procedures for Federal agencies to transfer
scientific collections they no longer need to researchers at
institutions or other entities qualified to manage the collections.
(d) Cost Projections.--The Office of Science and Technology Policy,
in consultation with relevant Federal agencies, shall develop a common
set of methodologies to be used by Federal agencies for the assessment
and projection of costs associated with the management and preservation
of their scientific collections.
(e) Scientific Collection Defined.--In this section, the term
``scientific collection'' means a set of physical specimens, living or
inanimate, created for the purpose of supporting science and serving as
a long-term research asset, rather than for their market value as
collectibles or their historical, artistic, or cultural significance,
and, as appropriate and feasible, the associated specimen data and
materials.

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(a) In General.--The Stevenson-Wydler Technology Innovation Act of
1980 (15 U.S.C. 3701 et seq.) is amended by adding at the end the
following:
``SEC. 24. PRIZE COMPETITIONS.
``(a) Definitions.--In this section:
``(1) Agency.--The term `agency' means a Federal agency.
``(2) Director.--The term `Director' means the Director of the
Office of Science and Technology Policy.
``(3) Federal agency.--The term `Federal agency' has the
meaning given under section 4, except that term shall not include
any agency of the legislative branch of the Federal Government.
``(4) Head of an agency.--The term `head of an agency' means
the head of a Federal agency.
``(b) In General.--Each head of an agency, or the heads of multiple
agencies in cooperation, may carry out a program to award prizes
competitively to stimulate innovation that has the potential to advance
the mission of the respective agency.
``(c) Prizes.--For purposes of this section, a prize may be one or
more of the following:
``(1) A point solution prize that rewards and spurs the
development of solutions for a particular, well-defined problem.
``(2) An exposition prize that helps identify and promote a
broad range of ideas and practices that may not otherwise attract
attention, facilitating further development of the idea or practice
by third parties.
``(3) Participation prizes that create value during and after
the competition by encouraging contestants to change their behavior
or develop new skills that may have beneficial effects during and
after the competition.
``(4) Such other types of prizes as each head of an agency
considers appropriate to stimulate innovation that has the
potential to advance the mission of the respective agency.
``(d) Topics.--In selecting topics for prize competitions, the head
of an agency shall consult widely both within and outside the Federal
Government, and may empanel advisory committees.
``(e) Advertising.--The head of an agency shall widely advertise
each prize competition to encourage broad participation.
``(f) Requirements and Registration.--For each prize competition,
the head of an agency shall publish a notice in the Federal Register
announcing--
``(1) the subject of the competition;
``(2) the rules for being eligible to participate in the
competition;
``(3) the process for participants to register for the
competition;
``(4) the amount of the prize; and
``(5) the basis on which a winner will be selected.
``(g) Eligibility.--To be eligible to win a prize under this
section, an individual or entity--
``(1) shall have registered to participate in the competition
under any rules promulgated by the head of an agency under
subsection (f);
``(2) shall have complied with all the requirements under this
section;
``(3) in the case of a private entity, shall be incorporated in
and maintain a primary place of business in the United States, and
in the case of an individual, whether participating singly or in a
group, shall be a citizen or permanent resident of the United
States; and
``(4) may not be a Federal entity or Federal employee acting
within the scope of their employment.
``(h) Consultation With Federal Employees.--An individual or entity
shall not be deemed ineligible under subsection (g) because the
individual or entity used Federal facilities or consulted with Federal
employees during a competition if the facilities and employees are made
available to all individuals and entities participating in the
competition on an equitable basis.
``(i) Liability.--
``(1) In general.--
``(A) Definition.--In this paragraph, the term `related
entity' means a contractor or subcontractor at any tier, and a
supplier, user, customer, cooperating party, grantee,
investigator, or detailee.
``(B) Liability.--Registered participants shall be required
to agree to assume any and all risks and waive claims against
the Federal Government and its related entities, except in the
case of willful misconduct, for any injury, death, damage, or
loss of property, revenue, or profits, whether direct,
indirect, or consequential, arising from their participation in
a competition, whether the injury, death, damage, or loss
arises through negligence or otherwise.
``(2) Insurance.--Participants shall be required to obtain
liability insurance or demonstrate financial responsibility, in
amounts determined by the head of an agency, for claims by--
``(A) a third party for death, bodily injury, or property
damage, or loss resulting from an activity carried out in
connection with participation in a competition, with the
Federal Government named as an additional insured under the
registered participant's insurance policy and registered
participants agreeing to indemnify the Federal Government
against third party claims for damages arising from or related
to competition activities; and
``(B) the Federal Government for damage or loss to
Government property resulting from such an activity.
``(3) Exception.--The head of an agency may not require a
participant to waive claims against the administering entity
arising out of the unauthorized use or disclosure by the agency of
the intellectual property, trade secrets, or confidential business
information of the participant.
``(j) Intellectual Property.--
``(1) Prohibition on the government acquiring intellectual
property rights.--The Federal Government may not gain an interest
in intellectual property developed by a participant in a
competition without the written consent of the participant.
``(2) Licenses.--The Federal Government may negotiate a license
for the use of intellectual property developed by a participant for
a competition.
``(k) Judges.--
``(1) In general.--For each competition, the head of an agency,
either directly or through an agreement under subsection (l), shall
appoint one or more qualified judges to select the winner or
winners of the prize competition on the basis described under
subsection (f). Judges for each competition may include individuals
from outside the agency, including from the private sector.
``(2) Restrictions.--A judge may not--
``(A) have personal or financial interests in, or be an
employee, officer, director, or agent of any entity that is a
registered participant in a competition; or
``(B) have a familial or financial relationship with an
individual who is a registered participant.
``(3) Guidelines.--The heads of agencies who carry out
competitions under this section shall develop guidelines to ensure
that the judges appointed for such competitions are fairly balanced
and operate in a transparent manner.
``(4) Exemption from faca.--The Federal Advisory Committee Act
(5 U.S.C. App.) shall not apply to any committee, board,
commission, panel, task force, or similar entity, created solely
for the purpose of judging prize competitions under this section.
``(l) Administering the Competition.--The head of an agency may
enter into an agreement with a private, nonprofit entity to administer
a prize competition, subject to the provisions of this section.
``(m) Funding.--
``(1) In general.--Support for a prize competition under this
section, including financial support for the design and
administration of a prize or funds for a monetary prize purse, may
consist of Federal appropriated funds and funds provided by the
private sector for such cash prizes. The head of an agency may
accept funds from other Federal agencies to support such
competitions. The head of an agency may not give any special
consideration to any private sector entity in return for a
donation.
``(2) Availability of funds.--Notwithstanding any other
provision of law, funds appropriated for prize awards under this
section shall remain available until expended. No provision in this
section permits obligation or payment of funds in violation of
section 1341 of title 31, United States Code.
``(3) Amount of prize.--
``(A) Announcement.--No prize may be announced under
subsection (f) until all the funds needed to pay out the
announced amount of the prize have been appropriated or
committed in writing by a private source.
``(B) Increase in amount.--The head of an agency may
increase the amount of a prize after an initial announcement is
made under subsection (f) only if--
``(i) notice of the increase is provided in the same
manner as the initial notice of the prize; and
``(ii) the funds needed to pay out the announced amount
of the increase have been appropriated or committed in
writing by a private source.
``(4) Limitation on amount.--
``(A) Notice to congress.--No prize competition under this
section may offer a prize in an amount greater than $50,000,000
unless 30 days have elapsed after written notice has been
transmitted to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Science and
Technology of the House of Representatives.
``(B) Approval of head of agency.--No prize competition
under this section may result in the award of more than
$1,000,000 in cash prizes without the approval of the head of
an agency.
``(n) General Service Administration Assistance.--Not later than
180 days after the date of the enactment of the America COMPETES
Reauthorization Act of 2010, the General Services Administration shall
provide government wide services to share best practices and assist
agencies in developing guidelines for issuing prize competitions. The
General Services Administration shall develop a contract vehicle to
provide agencies access to relevant products and services, including
technical assistance in structuring and conducting prize competitions
to take maximum benefit of the marketplace as they identify and pursue
prize competitions to further the policy objectives of the Federal
Government.
``(o) Compliance With Existing Law.--
``(1) In General.--The Federal Government shall not, by virtue
of offering or providing a prize under this section, be responsible
for compliance by registered participants in a prize competition
with Federal law, including licensing, export control, and
nonproliferation laws, and related regulations.
``(2) Other prize authority.--Nothing in this section affects
the prize authority authorized by any other provision of law.
``(p) Annual Report.--
``(1) In general.--Not later than March 1 of each year, the
Director shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Science and
Technology of the House of Representatives a report on the
activities carried out during the preceding fiscal year under the
authority in subsection (b).
``(2) Information included.--The report for a fiscal year under
this subsection shall include, for each prize competition under
subsection (b), the following:
``(A) Proposed goals.--A description of the proposed goals
of each prize competition.
``(B) Preferable method.--An analysis of why the
utilization of the authority in subsection (b) was the
preferable method of achieving the goals described in
subparagraph (A) as opposed to other authorities available to
the agency, such as contracts, grants, and cooperative
agreements.
``(C) Amount of cash prizes.--The total amount of cash
prizes awarded for each prize competition, including a
description of amount of private funds contributed to the
program, the sources of such funds, and the manner in which the
amounts of cash prizes awarded and claimed were allocated among
the accounts of the agency for recording as obligations and
expenditures.
``(D) Solicitations and evaluation of submissions.--The
methods used for the solicitation and evaluation of submissions
under each prize competition, together with an assessment of
the effectiveness of such methods and lessons learned for
future prize competitions.
``(E) Resources.--A description of the resources, including
personnel and funding, used in the execution of each prize
competition together with a detailed description of the
activities for which such resources were used and an accounting
of how funding for execution was allocated among the accounts
of the agency for recording as obligations and expenditures.
``(F) Results.--A description of how each prize competition
advanced the mission of the agency concerned.''.
(b) Repeal of Space Act Limitation.--Section 314(a) of the National
Aeronautics and Space Act of 1958 (42 U.S.C. 2459f-1 is amended by
striking ``The Administration may carry out a program to award prizes
only in conformity with this section.''.

ee86ce5e28b9d8923fa1863450cc4fcd66afa0ee37d5eaf78b582a7314ed86ea

It is the sense of Congress that a renewed emphasis on technology
development would enhance current mission capabilities and enable
future missions, while encouraging NASA, private industry, and academia
to spur innovation. NASA's Innovative Partnership Program is a valuable
mechanism to accelerate technology maturation and encourage the
transfer of technology into the private sector.

2704334a152329b0758f4218742705cebcef36e507f5ff61a5c6e2d0881e5c9b

(a) Sense of Congress.--It is the sense of Congress that NASA is
uniquely positioned to interest students in science, technology,
engineering, and mathematics, not only by the example it sets, but
through its education programs.
(b) Educational Program Goals.--NASA shall develop and maintain
educational programs--
(1) to carry out and support research based programs and
activities designed to increase student interest and participation
in STEM, including students from minority and underrepresented
groups;
(2) to improve public literacy in STEM;
(3) that employ proven strategies and methods for improving
student learning and teaching in STEM;
(4) to provide curriculum support materials and other resources
that--
(A) are designed to be integrated with comprehensive STEM
education;
(B) are aligned with national science education standards;
(C) promote the adoption and implementation of high-quality
education practices that build toward college and career-
readiness; and
(5) to create and support opportunities for enhanced and
ongoing professional development for teachers using best practices
that improve the STEM content and knowledge of the teachers,
including through programs linking STEM teachers with STEM
educators at the higher education level.

2df0877e9c3537265af532e5b6c6731eeb2fc2d6741dfb4e98549e27913e1433

WORKFORCE DEVELOPMENT FOR MINORITY AND UNDERREPRESENTED
GROUPS AT NASA.
(a) Assessment.--The Administrator shall enter into an arrangement
for an independent assessment of any impediments to space science and
engineering workforce development for minority and underrepresented
groups at NASA, including recommendations on--
(1) measures to address such impediments;
(2) opportunities for augmenting the impact of space science
and engineering workforce development activities and for expanding
proven, effective programs; and
(3) best practices and lessons learned, as identified through
the assessment, to help maximize the effectiveness of existing and
future programs to increase the participation of minority and
underrepresented groups in the space science and engineering
workforce at NASA.
(b) Report.--A report on the assessment carried out under
subsection (a) shall be transmitted to the House of Representatives
Committee on Science and Technology and the Senate Committee on
Commerce, Science, and Transportation not later than 15 months after
the date of enactment of this Act.
(c) Implementation.--To the extent practicable, the Administrator
shall take all necessary steps to address any impediments identified in
the assessment.

ea2b11dfd5282eb94aca2c81791a5da097414e5098865a93a492a91e7896b910

COMPETITIVENESS ENHANCEMENT.
(a) Sense of Congress.--It is the sense of the Congress that the
International Space Station represents a valuable and unique national
asset which can be utilized to increase educational opportunities and
scientific and technological innovation which will enhance the Nation's
economic security and competitiveness in the global technology fields
of endeavor. If the period for active utilization of the International
Space Station is extended to at least the year 2020, the potential for
such opportunities and innovation would be increased. Efforts should be
made to fully realize that potential.
(b) Evaluation and Assessment of NASA's Interagency Contribution.--
Pursuant to the authority provided in title II of the America COMPETES
Act (Public Law 110-69), the Administrator shall evaluate and, where
possible, expand efforts to maximize NASA's contribution to interagency
efforts to enhance science, technology, engineering, and mathematics
education capabilities, and to enhance the Nation's technological
excellence and global competitiveness. The Administrator shall identify
these enhancements in the annual reports required by section 2001(e) of
that Act (42 U.S.C. 16611a(e)).
(c) Report to the Congress.--Within 120 days after the date of
enactment of this Act, the Administrator shall provide to the House of
Representatives Committee on Science and Technology and the Senate
Committee on Commerce, Science, and Transportation a report on the
assessment made pursuant to subsection (a). The report shall include--
(1) a description of current and potential activities
associated with utilization of the International Space Station
which are supportive of the goals of educational excellence and
innovation and competitive enhancement established or reaffirmed by
this Act, including a summary of the goals supported, the number of
individuals or organizations participating in or benefiting from
such activities, and a summary of how such activities might be
expanded or improved upon;
(2) a description of government and private partnerships which
are, or may be, established to effectively utilize the capabilities
represented by the International Space Station to enhance United
States competitiveness, innovation and science, technology,
engineering, and mathematics education; and
(3) a summary of proposed actions or activities to be
undertaken to ensure the maximum utilization of the International
Space Station to contribute to fulfillment of the goals and
objectives of this Act, and the identification of any additional
authority, assets, or funding that would be required to support
such activities.

2d5bb45f572f39bfc3b5e363d58c033b25dbd3e9ff58c645832372e5590f9845

ON SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS.
(a) In General.--Section 1003 of the National Aeronautics and Space
Administration Authorization Act of 2010 (42 U.S.C. 18421) is amended
to read as follows:
``SEC. 1003. STUDY OF POTENTIAL COMMERCIAL ORBITAL PLATFORM PROGRAM
IMPACT ON SCIENCE, TECHNOLOGY, ENGINEERING, AND
MATHEMATICS.
``A fundamental and unique capability of NASA is in stimulating
science, technology, engineering, and mathematics education in the
United States. In ensuring maximum use of that capability, the
Administrator shall carry out a study to--
``(1) identify the benefits of and lessons learned from ongoing
and previous NASA orbital student programs including, at a minimum,
the Get Away Special (GAS) and Earth Knowledge Acquired by Middle
School Students (EarthKAM) programs, on science, technology,
engineering, and mathematics education;
``(2) assess the potential impacts on science, technology,
engineering, and mathematics education of a program that would
facilitate the development of scientific and educational payloads
involving United States students and educators and the flights of
those payloads on commercially available orbital platforms, when
available and operational, with the goal of providing frequent and
regular payload launches;
``(3) identify NASA expertise, such as NASA science,
engineering, payload development, and payload operations, that
could be made available to facilitate a science, technology,
engineering, and mathematics program using commercial orbital
platforms; and
``(4) identify the issues that would need to be addressed
before NASA could properly assess the merits and feasibility of the
program described in paragraph (2).''.
(c) Effective Date.--The amendment made by subsection (a) shall
take effect on October 12, 2010.

45f516c1ce1bd989988b8c7410cb9c26d423b7c23171a24ef6d1955e97aa5b45

In this title:
(1) Administrator.--The term ``Administrator'' means the
Administrator of NASA.
(2) NASA.--The term ``NASA'' means the National Aeronautics and
Space Administration.

57957e6729f88175c6c1ddb8cab772fab3a338c74415ec1f02382c487b1a3f36

Section 4001 of the America COMPETES Act (33 U.S.C. 893) is
amended--
(1) by inserting ``(a) In General.--'' before ``The
Administrator''; and
(2) by adding at the end the following:
``(b) Oceanic and Atmospheric Research and Development Program.--
The Administrator shall implement programs and activities--
``(1) to identify emerging and innovative research and
development priorities to enhance United States competitiveness,
support development of new economic opportunities based on NOAA
research, observations, monitoring modeling, and predictions that
sustain ecosystem services;
``(2) to promote United States leadership in oceanic and
atmospheric science and competitiveness in the applied uses of such
knowledge, including for the development and expansion of economic
opportunities; and
``(3) to advance ocean, coastal, Great Lakes, and atmospheric
research and development, including potentially transformational
research, in collaboration with other relevant Federal agencies,
academic institutions, the private sector, and nongovernmental
programs, consistent with NOAA's mission to understand, observe,
and model the Earth's atmosphere and biosphere, including the
oceans, in an integrated manner.
``(c) Report.--No later than 12 months after the date of enactment
of the America COMPETES Reauthorization Act of 2010, the Administrator,
in consultation with the National Science Foundation or other such
agencies with mature transformational research portfolios, shall
develop and submit a report to the Senate Committee on Commerce,
Science, and Transportation and the House of Representatives Committee
on Science and Technology that describes NOAA's strategy for enhancing
transformational research in its research and development portfolio to
increase United States competitiveness in oceanic and atmospheric
science and technology. The report shall--
``(1) define `transformational research';
``(2) identify emerging and innovative areas of research and
development where transformational research has the potential to
make significant and revolutionary -advancements in both
understanding and U.S. science leadership;
``(3) describe how transformational research priorities are
identified and appropriately -balanced in the context of NOAA's
broader research portfolio;
``(4) describe NOAA's plan for developing a competitive peer
review and priority-setting -process, funding mechanisms,
performance and evaluation measures, and transition-to-operation
guidelines for transformational research; and
``(5) describe partnerships with other agencies involved in
transformational research.''.

d7bc6c241409ec31e0789d7759b7858db93f7b439e1b4e5e43d3a2906df63e73

TITLE III

-NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

Section 4002 of the America COMPETES Act (33 U.S.C. 893a) is
amended--
(1) by striking ``the agency.'' in subsection (a) and inserting
``agency, with consideration given to the goal of promoting the
participation of individuals from underrepresented groups in STEM
fields and in promoting the acquisition and retention of highly
qualified and motivated young scientists to complement and
supplement workforce needs.'';
(2) by redesignating subsections (b) and (c) as subsections (c)
and (d), respectively;
(3) by inserting after subsection (a) the following:
``(b) Educational Program Goals.--The education programs developed
by NOAA shall, to the extent applicable--
``(1) carry out and support research based programs and
activities designed to increase student interest and participation
in STEM;
``(2) improve public literacy in STEM;
``(3) employ proven strategies and methods for improving
student learning and teaching in STEM;
``(4) provide curriculum support materials and other resources
that--
``(A) are designed to be integrated with comprehensive STEM
education;
``(B) are aligned with national science education
standards; and
``(C) promote the adoption and implementation of high-
quality education practices that build toward college and
career-readiness; and
``(5) create and support opportunities for enhanced and ongoing
professional development for teachers using best practices that
improves the STEM content and knowledge of the teachers, including
through programs linking STEM teachers with STEM educators at the
higher education level.'';
(4) by striking ``develop'' in subsection (c), as redesignated,
and inserting ``maintain''; and
(5) by adding at the end thereof the following:
``(e) STEM Defined.--In this section, the term `STEM' means the
academic and professional disciplines of science, technology,
engineering, and mathematics.''.

a405ece1ed4f7932310b285c4b49867e8df8039a473f5db3f89250bd4f7c56ab

(a) In General.--The Secretary of Commerce, in cooperation with the
Secretary of Education, shall request the National Academy of Sciences
to conduct a study on the scientific workforce in the areas of oceanic
and atmospheric research and development. The study shall investigate--
(1) whether there is a shortage in the number of individuals
with advanced degrees in oceanic and atmospheric sciences who have
the ability to conduct high quality scientific research in physical
and chemical oceanography, meteorology, and atmospheric modeling,
and related fields, for government, nonprofit, and private sector
entities;
(2) what Federal programs are available to help facilitate the
education of students hoping to pursue these degrees;
(3) barriers to transitioning highly qualified oceanic and
atmospheric scientists into Federal civil service scientist career
tracks;
(4) what institutions of higher education, the private sector,
and the Congress could do to increase the number of individuals
with such post baccalaureate degrees;
(5) the impact of an aging Federal scientist workforce on the
ability of Federal agencies to conduct high quality scientific
research; and
(6) what actions the Federal government can take to assist the
transition of highly qualified scientists into Federal career
scientist positions and ensure that the experiences of retiring
Federal scientists are adequately documented and transferred prior
to retirement from Federal service.
(b) Coordination.--The Secretary of Commerce and the Secretary of
Education shall consult with the heads of other Federal agencies and
departments with oceanic and atmospheric expertise or authority in
preparing the specifications for the study.
(c) Report.--No later than 18 months after the date of enactment of
this Act, the Secretary of Commerce and the Secretary of Education
shall transmit a joint report to each committee of Congress with
jurisdiction over the programs described in 4002(b) of the America
COMPETES Act (33 U.S.C. 893a(b)), as amended by section 302 of this
Act, detailing the findings and recommendations of the study and
setting forth a prioritized plan to implement the recommendations.
(d) Program and Plan.--The Administrator of the National Oceanic
and Atmospheric Administration shall evaluate the National Academy of
Sciences study and develop a workforce program and plan to
institutionalize the Administration's Federal science career pathways
and address aging workforce issues. The program and plan shall be
developed in consultation with the Administration's cooperative
institutes and other academic partners to identify and implement
programs and mechanisms to ensure that--
(1) sufficient highly qualified scientists are able to
transition into Federal career scientist positions in the
Administration's laboratories and programs; and
(2) the technical and management experiences of senior
employees are documented and transferred before leaving Federal
service.

a8a18d2e4b03220af48a98668bfc555b85f243490ab082822cf0356c89411d15

This title may be cited as the ``National Institute of Standards
and Technology Authorization Act of 2010''.

bb00f28087fff3df34b195b5351b16a11d99515caa8c009d9ba4360f3ef70617

(a) Fiscal Year 2011.--
(1) In general.--There are authorized to be appropriated to the
Secretary of Commerce $918,900,000 for the National Institute of
Standards and Technology for fiscal year 2011.
(2) Specific allocations.--Of the amount authorized by
paragraph (1)--
(A) $584,500,000 shall be authorized for scientific and
technical research and services laboratory activities;
(B) $124,800,000 shall be authorized for the construction
and maintenance of facilities; and
(C) $209,600,000 shall be authorized for industrial
technology services activities, of which--
(i) $141,100,000 shall be authorized for the
Manufacturing Extension Partnership program under sections
25 and 26 of such Act (15 U.S.C. 278k and 278l), of which
not more than $5,000,000 shall be for the competitive grant
program under section 25(f) of such Act; and
(ii) $10,000,000 shall be authorized 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).
(b) Fiscal Year 2012.--
(1) In general.--There are authorized to be appropriated to the
Secretary of Commerce $970,800,000 for the National Institute of
Standards and Technology for fiscal year 2012.
(2) Specific allocations.--Of the amount authorized by
paragraph (1)--
(A) $661,100,000 shall be authorized for scientific and
technical research and services laboratory activities;
(B) $84,900,000 shall be authorized for the construction
and maintenance of facilities; and
(C) $224,800,000 shall be authorized for industrial
technology services activities, of which--
(i) $155,100,000 shall be authorized for the
Manufacturing Extension Partnership program under sections
25 and 26 of such Act (15 U.S.C. 278k and 278l), of which
not more than $5,000,000 shall be for the competitive grant
program under section 25(f) of such Act; and
(ii) $10,300,000 shall be authorized 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).
(c) Fiscal Year 2013.--
(1) In general.--There are authorized to be appropriated to the
Secretary of Commerce $1,039,709,000 for the National Institute of
Standards and Technology for fiscal year 2013.
(2) Specific allocations.--Of the amount authorized by
paragraph (1)--
(A) $676,700,000 shall be authorized for scientific and
technical research and services laboratory activities;
(B) $121,300,000 shall be authorized for the construction
and maintenance of facilities; and
(C) $241,709,000 shall be authorized for industrial
technology services activities, of which--
(i) $165,100,000 shall be authorized for the
Manufacturing Extension Partnership program under sections
25 and 26 of such Act (15 U.S.C. 278k and 278l), of which
not more than $5,000,000 shall be for the competitive grant
program under section 25(f) of such Act; and
(ii) $10,609,000 shall be authorized 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).

36d002b06903f4e107609be3119367b7f28ec989619d4c79aa379fa4e35adce9

(a) Establishment.--The National Institute of Standards and
Technology Act is amended by inserting after section 3 the following:
``SEC. 4. UNDER SECRETARY OF COMMERCE FOR STANDARDS AND TECHNOLOGY.
``(a) Establishment.--There shall be in the Department of Commerce
an Under Secretary of Commerce for Standards and Technology (in this
section referred to as the `Under Secretary').
``(b) Appointment.--The Under Secretary shall be appointed by the
President by and with the advice and consent of the Senate.
``(c) Compensation.--The Under Secretary shall be compensated at
the rate in effect for level III of the Executive Schedule under
section 5314 of title 5, United States Code.
``(d) Duties.--The Under Secretary shall serve as the Director of
the Institute and shall perform such duties as required of the Director
by the Secretary under this Act or by law.
``(e) Applicability.--The individual serving as the Director of the
Institute on the date of enactment of the National Institute of
Standards and Technology Authorization Act of 2010 shall also serve as
the Under Secretary until such time as a successor is appointed under
subsection (b).''.
(b) Conforming Amendments.--
(1) Title 5, united states code.--
(A) Level iii.--Section 5314 of title 5, United States
Code, is amended by inserting before the item ``Associate
Attorney General'' the following:
``Under Secretary of Commerce for Standards and Technology, who
also serves as Director of the National Institute of Standards and
Technology.''.
(B) Level iv.--Section 5315 of title 5, United States Code,
is amended by striking ``Director, National Institute of
Standards and Technology, Department of Commerce.''.
(2) National institute of standards and technology act.--
Section 5 of the National Institute of Standards and Technology Act
(15 U.S.C. 274) is amended by striking the first, fifth, and sixth
sentences.

3d8c695f1ea1398d2a9c097519aa676296790a05e570ace273691a26600770be

(a) Community College Support.--Section 25(a) of the National
Institute of Standards and Technology Act (15 U.S.C. 278k(a)) is
amended--
(1) by striking ``and'' after the semicolon in paragraph (4);
(2) by striking ``Institute.'' in paragraph (5) and inserting
``Institute; and''; and
(3) by adding at the end the following:
``(6) providing to community colleges information about the job
skills needed in small- and medium-sized manufacturing businesses
in the regions they serve.''.
(b) Innovative Services Initiative.--Section 25 of such Act (15
U.S.C. 278k) is amended by adding at the end the following:
``(g) Innovative Services Initiative.--
``(1) Establishment.--The Director shall establish, within the
Centers program under this section, an innovative services
initiative to assist small- and medium-sized manufacturers in--
``(A) reducing their energy usage, greenhouse gas
emissions, and environmental waste to improve profitability;
``(B) accelerating the domestic commercialization of new
product technologies, including components for renewable energy
and energy efficiency systems; and
``(C) identification of and diversification to new markets,
including support for transitioning to the production of
components for renewable energy and energy efficiency systems.
``(2) Market demand.--The Director may not undertake any
activity to accelerate the domestic commercialization of a new
product technology under this subsection unless an analysis of
market demand for the new product technology has been conducted.''.
(c) Reports.--Section 25 of such Act (15 U.S.C. 278k), as amended
by subsection (b), is further amended by adding at the end the
following:
``(h) Reports.--
``(1) In general.--In submitting the 3-year programmatic
planning document and annual updates under section 23, the Director
shall include an assessment of the Director's governance of the
program established under this section.
``(2) Criteria.--In conducting the assessment, the Director
shall use the criteria established pursuant to the Malcolm Baldrige
National Quality Award under section 17(d)(1)(C) of the Stevenson-
Wydler Technology Innovation Act of 1980 (15 U.S.C.
3711a(d)(1)(C)).''.
(d) Hollings Manufacturing Extension Partnership Program Cost-
Sharing.--Section 25(c) of such Act (15 U.S.C. 278k(c)) is amended by
adding at the end the following:
``(7) Not later than 90 days after the date of enactment of the
National Institute of Standards and Technology Authorization Act of
2010, the Comptroller General shall submit to Congress a report on
the cost share requirements under the program. The report shall--
``(A) discuss various cost share structures, including the
cost share structure in place prior to such date of enactment,
and the effect of such cost share structures on individual
Centers and the overall program; and
``(B) include recommendations for how best to structure the
cost share requirement to provide for the long-term
sustainability of the program.''.
``(8) If consistent with the recommendations in the report
transmitted to Congress under paragraph (7), the Secretary shall
alter the cost structure requirements specified under paragraph
(3)(B) and (5) provided that the modification does not increase the
cost share structure in place before the date of enactment of the
America COMPETES Reauthorization Act of 2010, or allow the
Secretary to provide a Center more than 50 percent of the costs
incurred by that Center.''.
(e) Advisory Board.--Section 25(e)(4) of such Act (15 U.S.C.
278k(e)(4)) is amended to read as follows:
``(4) Federal advisory committee act applicability.--
``(A) In general.--In discharging its duties under this
subsection, the MEP Advisory Board shall function solely in an
advisory capacity, in accordance with the Federal Advisory
Committee Act.
``(B) Exception.--Section 14 of the Federal Advisory
Committee Act shall not apply to the MEP Advisory Board.'.
(f) Designation of Program.--
(1) In general.--Section 25 of the National Institute of
Standards and Technology Act (15 U.S.C. 278k), as amended by
subsection (c), is further amended by adding at the end the
following:
``(i) Designation.--
``(1) Hollings manufacturing extension partnership.--The
program under this section shall be known as the `Hollings
Manufacturing Extension Partnership'.
``(2) Hollings manufacturing extension centers.--The Regional
Centers for the Transfer of Manufacturing Technology created and
supported under subsection (a) shall be known as the `Hollings
Manufacturing Extension Centers' (in this Act referred to as the
`Centers').''.
(2) Conforming amendment to consolidated appropriations act,
2005.--Division B of title II of the Consolidated Appropriations
Act, 2005 (Public Law 108-447; 118 Stat. 2879; 15 U.S.C. 278k note)
is amended under the heading ``industrial technology services'' by
striking ``2007: Provided further, That'' and all that follows
through ``Extension Centers.'' and inserting ``2007.''.
(3) Technical amendments.--
(A) Section 25(a) of the National Institute of Standards
and Technology Act (15 U.S.C. 278k(a)) is amended in the matter
preceding paragraph (1) by striking ``Regional Centers for the
Transfer of Manufacturing Technology'' and inserting ``regional
centers for the transfer of manufacturing technology''.
(B) Section 25 of such Act (15 U.S.C. 278k), as amended by
subsection (f), is further amended by adding at the end the
following:
``(j) Community College Defined.--In this section, the term
`community college' means an institution of higher education (as
defined under section 101(a) of the Higher Education Act of 1965 (20
U.S.C. 1001(a))) at which the highest degree that is predominately
awarded to students is an associate's degree.''.
(h) Evaluation of Obstacles Unique to Small Manufacturers.--Section
25 of such Act (15 U.S.C. 278k), as amended by subsection (g), is
further amended by adding at the end the following:
``(k) Evaluation of Obstacles Unique to Small Manufacturers.--The
Director shall--
``(1) evaluate obstacles that are unique to small manufacturers
that prevent such manufacturers from effectively competing in the
global market;
``(2) implement a comprehensive plan to train the Centers to
address such obstacles; and
``(3) facilitate improved communication between the Centers to
assist such manufacturers in implementing appropriate, targeted
solutions to such obstacles.''.
(i) NIST Act Amendment.--Section 25(f)(3) of the National Institute
of Standards and Technology Act (15 U.S.C. 278k(f)(3)) is amended by
striking ``Director of the Centers program,'' and inserting ``Director
of the Hollings MEP program,''.

0b666292120a3a7647550f1dde83519a45ee43ccbeb7308a34b8e155d2f54453

INITIATIVE.
(a) Establishment.--The Director shall establish a research
initiative to support the development of emergency communication and
tracking technologies for use in locating trapped individuals in
confined spaces, such as underground mines, and other shielded
environments, such as high-rise buildings or collapsed structures,
where conventional radio communication is limited.
(b) Activities.--In order to carry out this section, the Director
shall work with the private sector and appropriate Federal agencies
to--
(1) perform a needs assessment to identify and evaluate the
measurement, technical standards, and conformity assessment needs
required to improve the operation and reliability of such emergency
communication and tracking technologies;
(2) support the development of technical standards and
conformance architecture to improve the operation and reliability
of such emergency communication and tracking technologies; and
(3) incorporate and build upon existing reports and studies on
improving emergency communications.
(c) Report.--Not later than 18 months after the date of enactment
of this Act, the Director shall submit to Congress and make publicly
available a report describing the assessment performed under subsection
(b)(1) and making recommendations about research priorities to address
gaps in the measurement, technical standards, and conformity assessment
needs identified by the assessment.

5d8e34e3d5e264156858dadefae7e38f8c3c909b66a5b336237b27e3ee842fa5

(a) Research Fellowships.--Section 18 of the National Institute of
Standards and Technology Act (15 U.S.C. 278g-1) is amended by adding at
the end the following:
``(c) Underrepresented Minorities.--In evaluating applications for
fellowships under this section, the Director shall give consideration
to the goal of promoting the participation of underrepresented
minorities in research areas supported by the Institute.''.
(b) Postdoctoral Fellowship Program.--Section 19 of such Act (15
U.S.C. 278g-2) is amended by adding at the end the following: ``In
evaluating applications for fellowships under this section, the
Director shall give consideration to the goal of promoting the
participation of underrepresented minorities in research areas
supported by the Institute.''.
(c) Teacher Development.--Section 19A(c) of such Act (15 U.S.C.
278g-2a(c)) is amended by adding at the end the following: ``The
Director shall give special consideration to an application from a
teacher from a high-need school, as defined in section 200 of the
Higher Education Act of 1965 (20 U.S.C. 1021).''.

45b246d8c3c3e9051acaa0a49d3374eb07562c48b6ab7ccc8efa430b5b77ad49

(a) Post-Doctoral Fellowship Program.--Section 19 of the National
Institute of Standards and Technology Act (15 U.S.C. 278g-2) is amended
by striking ``, in conjunction with the National Academy of
Sciences,''.
(b) Research Fellowships.--Section 18(a) of that Act (15 USC 278g-
1(a)) is amended by striking ``up to 1.5 percent of the''.
(c) Commerce, Science, and Technology Fellowship Program.--Section
5163(d) of the Omnibus Trade and Competition Act of 1988 (15 U.S.C.
1533) is repealed.

1a38e421f4631de87d4d85166e1a28b6f92b51f2652a6145e8cb695521ad7e5a

The Director shall carry out a green manufacturing and construction
initiative--
(1) to develop accurate sustainability metrics and practices
for use in manufacturing;
(2) to advance the development of standards, including high
performance green building standards, and the creation of an
information infrastructure to communicate sustainability
information about suppliers; and
(3) to move buildings toward becoming high performance green
buildings, including improving energy performance, service life,
and indoor air quality of new and retrofitted buildings through
validated measurement data.

c4e4fc5d431168c0f375ff8010345aab9de150eaad5bcbd1ef880defa0b6051c

In this title:
(1) Director.--The term ``Director'' means the Director of the
National Institute of Standards and Technology.
(2) Federal agency.--The term ``Federal agency'' has the
meaning given such term in section 4 of the Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C. 3703).
(3) High performance green building.--The term ``high
performance green building'' has the meaning given that term by
section 401(13) of the Energy Independence and Security Act of 2009
(42 U.S.C. 17061(13)).
PROGRAMS
SUBTITLE A--NATIONAL SCIENCE FOUNDATION

a7bcdc7586104a1e3765b62601bc3104fd4179bca57a0a4f756949b3348452c7

This subtitle may be cited as the ``National Science Foundation
Authorization Act of 2010''.

124ad25e639e4e98cb4d8babf3f220ad842f007374c246e18c580cd854b9af06

In this subtitle:
(1) Director.--The term ``Director'' means the Director of the
National Science Foundation.
(2) EPSCoR.--The term ``EPSCoR'' means the Experimental Program
to Stimulate Competitive Research.
(3) Foundation.--The term ``Foundation'' means the National
Science Foundation established under section 2 of the National
Science Foundation Act of 1950 (42 U.S.C. 1861).
(4) Institution of higher education.--The term ``institution of
higher education'' has the meaning given such term in section
101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).
(5) State.--The term ``State'' means one of the several States,
the District of Columbia, the Commonwealth of Puerto Rico, the
Virgin Islands, Guam, American Samoa, the Commonwealth of the
Northern Mariana Islands, or any other territory or possession of
the United States.
(6) United States.--The term ``United States'' means the
several States, the District of Columbia, the Commonwealth of
Puerto Rico, the Virgin Islands, Guam, American Samoa, the
Commonwealth of the Northern Mariana Islands, and any other
territory or possession of the United States.

50fe66ba7eab147de0ce50aaa95955a9b0b2f405f997b4eaad7e20534fcf3c8f

(a) Fiscal Year 2011.--
(1) In general.--There are authorized to be appropriated to the
Foundation $7,424,400,000 for fiscal year 2011.
(2) Specific allocations.--Of the amount authorized by
paragraph (1)--
(A) $5,974,782,000 shall be made available to carry
research and related activities;
(B) $937,850,000 shall be made available for education and
human resources;
(C) $164,744,000 shall be made available for major research
equipment and facilities construction;
(D) $327,503,000 shall be made available for agency
operations and award management;
(E) $4,803,000 shall be made available for the Office of
the National Science Board; and
(F) $14,718,000 shall be made available for the Office of
Inspector General.
(b) Fiscal Year 2012.--
(1) In general.--There are authorized to be appropriated to the
Foundation $7,800,000,000 for fiscal year 2012.
(2) Specific allocations.--Of the amount authorized by
paragraph (1)--
(A) $6,234,281,000 shall be made available to carry
research and related activities;
(B) $978,959,000 shall be made available for education and
human resources;
(C) $225,544,000 shall be made available for major research
equipment and facilities construction;
(D) $341,676,000 shall be made available for agency
operations and award management;
(E) $4,808,000 shall be made available for the Office of
the National Science Board; and
(F) $14,732,000 shall be made available for the Office of
Inspector General.
(c) Fiscal Year 2013.--
(1) In general.--There are authorized to be appropriated to the
Foundation $8,300,000,000 for fiscal year 2013.
(2) Specific allocations.--Of the amount authorized by
paragraph (1)--
(A) $6,637,849,000 shall be made available to carry
research and related activities;
(B) $1,041,762,000 shall be made available for education
and human resources;
(C) $236,764,000 shall be made available for major research
equipment and facilities construction;
(D) $363,670,000 shall be made available for agency
operations and award management;
(E) $4,906,000 shall be made available for the Office of
the National Science Board; and
(F) $15,049,000 shall be made available for the Office of
Inspector General.

1e3ef0d53828f358006dd5e1ef6d427ea32553da64f99e504dcc0f3bdc696077

(a) Staffing at the National Science Board.--Section 4(g) of the
National Science Foundation Act of 1950 (42 U.S.C. 1863(g)) is amended
by striking ``not more than 5''.
(b) National Science Board Reports.--Section 4(j)(2) of the
National Science Foundation Act of 1950 (42 U.S.C. 1863(j)(2)) is
amended by inserting ``within the authority of the Foundation (or
otherwise as requested by the Congress or the President)'' after
``individual policy matters''.
(c) Board Adherence to Sunshine Act.--Section 15(a)(2) of the
National Science Foundation Authorization Act of 2002 (42 U.S.C. 1862n-
5(a)(2)) is amended--
(1) by striking ``The Board'' and inserting ``To ensure
transparency of the Board's entire decision-making process,
including deliberations on Board business occurring within its
various subdivisions, the Board''; and
(2) by adding at the end the following: ``The preceding
requirement will apply to meetings of the full Board, whenever a
quorum is present; and to meetings of its subdivisions, whenever a
quorum of the subdivision is present.''.

748526738ec5d7bab38be43a6803afefa311d48e1b98b140c52523582109ea34

(a) Establishment.--There is established within the Foundation a
National Center for Science and Engineering Statistics that shall serve
as a central Federal clearinghouse for the collection, interpretation,
analysis, and dissemination of objective data on science, engineering,
technology, and research and development.
(b) Duties.--In carrying out subsection (a) of this section, the
Director, acting through the Center shall--
(1) collect, acquire, analyze, report, and disseminate
statistical data related to the science and engineering enterprise
in the United States and other nations that is relevant and useful
to practitioners, researchers, policymakers, and the public,
including statistical data on--
(A) research and development trends;
(B) the science and engineering workforce;
(C) United States competitiveness in science, engineering,
technology, and research and development; and
(D) the condition and progress of United States STEM
education;
(2) support research using the data it collects, and on
methodologies in areas related to the work of the Center; and
(3) support the education and training of researchers in the
use of large-scale, nationally representative data sets.
(c) Statistical Reports.--The Director or the National Science
Board, acting through the Center, shall issue regular, and as
necessary, special statistical reports on topics related to the
national and international science and engineering enterprise such as
the biennial report required by section 4(j)(1) of the National Science
Foundation Act of 1950 (42 U.S.C. 1863(j)(1)) on indicators of the
state of science and engineering in the United States.

5d3e27de2289c44f3d4927964f06099839b0779bf1e89dd41722ae7983d65766

EDUCATION.
(a) Manufacturing Research.--The Director shall carry out a program
to award merit-reviewed, competitive grants to institutions of higher
education to support fundamental research leading to transformative
advances in manufacturing technologies, processes, and enterprises that
will support United States manufacturing through improved performance,
productivity, sustainability, and competitiveness. Research areas may
include--
(1) nanomanufacturing;
(2) manufacturing and construction machines and equipment,
including robotics, automation, and other intelligent systems;
(3) manufacturing enterprise systems;
(4) advanced sensing and control techniques;
(5) materials processing; and
(6) information technologies for manufacturing, including
predictive and real-time models and simulations, and virtual
manufacturing.
(b) Manufacturing Education.--In order to help ensure a well-
trained manufacturing workforce, the Director shall award grants to
strengthen and expand scientific and technical education and training
in advanced manufacturing, including through the Foundation's Advanced
Technological Education program.

658754a95744631a3e16b9fa07235210a58c0cb1b8fa602d187f9763363dfb6d

(a) Mid-scale Research Instrumentation Needs.--The National Science
Board shall evaluate the needs, across all disciplines supported by the
Foundation, for mid-scale research instrumentation that falls between
the instruments funded by the Major Research Instrumentation program
and the very large projects funded by the Major Research Equipment and
Facilities Construction program.
(b) Report on Mid-scale Research Instrumentation Program.--Not
later than 1 year after the date of enactment of this Act, the National
Science Board shall submit to Congress a report on mid-scale research
instrumentation at the Foundation. At a minimum, this report shall
include--
(1) the findings from the Board's evaluation of instrumentation
needs required under subsection (a), including a description of
differences across disciplines and Foundation research
directorates;
(2) a recommendation or recommendations regarding how the
Foundation should set priorities for mid-scale instrumentation
across disciplines and Foundation research directorates;
(3) a recommendation or recommendations regarding the
appropriateness of expanding existing programs, including the Major
Research Instrumentation program or the Major Research Equipment
and Facilities Construction program, to support more
instrumentation at the mid-scale;
(4) a recommendation or recommendations regarding the need for
and appropriateness of a new, Foundation-wide program or initiative
in support of mid-scale instrumentation, including any
recommendations regarding the administration of and budget for such
a program or initiative and the appropriate scope of instruments to
be funded under such a program or initiative; and
(5) any recommendation or recommendations regarding other
options for supporting mid-scale research instrumentation at the
Foundation.

05dff8540552d9784dae7683980bdcf69b5b4a25e92875c2dfa6bca5f417a2eb

(a) In General.--The Director shall carry out a program to award
merit-reviewed, competitive grants to institutions of higher education
to establish and to expand partnerships that promote innovation and
increase the impact of research by developing tools and resources to
connect new scientific discoveries to practical uses.
(b) Partnerships.--
(1) In general.--To be eligible for funding under this section,
an institution of higher education must propose establishment of a
partnership that--
(A) includes at least one private sector entity; and
(B) may include other institutions of higher education,
public sector institutions, private sector entities, and
nonprofit organizations.
(2) Priority.--In selecting grant recipients under this
section, the Director shall give priority to partnerships that
include one or more institutions of higher education and at least
one of the following:
(A) A minority serving institution.
(B) A primarily undergraduate institution.
(C) A 2-year institution of higher education.
(c) Program.--Proposals funded under this section shall seek--
(1) to increase the impact of the most promising research at
the institution or institutions of higher education that are
members of the partnership through knowledge transfer or
commercialization;
(2) to increase the engagement of faculty and students across
multiple disciplines and departments, including faculty and
students in schools of business and other appropriate non-STEM
fields and disciplines in knowledge transfer activities;
(3) to enhance education and mentoring of students and faculty
in innovation and entrepreneurship through networks, courses, and
development of best practices and curricula;
(4) to strengthen the culture of the institution or
institutions of higher education to undertake and participate in
activities related to innovation and leading to economic or social
impact;
(5) to broaden the participation of all types of institutions
of higher education in activities to meet STEM workforce needs and
promote innovation and knowledge transfer; and
(6) to build lasting partnerships with local and regional
businesses, local and State governments, and other relevant
entities.
(d) Additional Criteria.--In selecting grant recipients under this
section, the Director shall also consider the extent to which the
applicants are able to demonstrate evidence of institutional support
for, and commitment to--
(1) achieving the goals of the program as described in
subsection (c);
(2) expansion to an institution-wide program if the initial
proposal is not for an institution-wide program; and
(3) sustaining any new innovation tools and resources generated
from funding under this program.
(e) Limitation.--No funds provided under this section may be used
to construct or renovate a building or structure.

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The Director shall establish a Green Chemistry Basic Research
program to award competitive, merit-based grants to support research
into green and sustainable chemistry which will lead to clean, safe,
and economical alternatives to traditional chemical products and
practices. The research program shall provide sustained support for
green chemistry research, education, and technology transfer through--
(1) merit-reviewed competitive grants to individual
investigators and teams of investigators, including, to the extent
practicable, young investigators, for research;
(2) grants to fund collaborative research partnerships among
universities, industry, and nonprofit organizations;
(3) symposia, forums, and conferences to increase outreach,
collaboration, and dissemination of green chemistry advances and
practices; and
(4) education, training, and retraining of undergraduate and
graduate students and professional chemists and chemical engineers,
including through partnerships with industry, in green chemistry
science and engineering.

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(a) Finding.--The Congress finds that--
(1) the Integrative Graduate Education and Research Traineeship
program is an important program for training the next generation of
scientists and engineers in team-based interdisciplinary research
and problem solving, and for providing them with the many
additional skills, such as communication skills, needed to thrive
in diverse STEM careers; and
(2) the Integrative Graduate Education and Research Traineeship
program is no less valuable to the preparation and support of
graduate students than the Foundation's Graduate Research
Fellowship program.
(b) Equal Treatment of IGERT and GRF.--Beginning in fiscal year
2011, the Director shall increase or, if necessary, decrease funding
for the Foundation's Integrative Graduate Education and Research
Traineeship program (or any program by which it is replaced) at least
at the same rate as it increases or decreases funding for the Graduate
Research Fellowship program.
(c) Support for Graduate Student Research From the Research
Account.--For each of the fiscal years 2011 through 2013, at least 50
percent of the total Foundation funds allocated to the Integrative
Graduate Education and Research Traineeship program and the Graduate
Research Fellowship program shall come from funds appropriated for
Research and Related Activities.
(d) Cost of Education Allowance for GRF Program.--Section 10 of the
National Science Foundation Act of 1950 (42 U.S.C. 1869) is amended--
(1) by inserting ``(a) In General.--'' before ``The Foundation
is authorized''; and
(2) by adding at the end the following:
``(b) Amount.--The Director shall establish for each year the
amount to be awarded for scholarships and fellowships under this
section for that year. Each such scholarship and fellowship shall
include a cost of education allowance of $12,000, subject to any
restrictions on the use of cost of education allowance as determined by
the Director.''.

168616e4861e9f0aec41fd2a6ad4d46255c1a6d50e4338909eb51a7176617c3b

(a) Matching Requirement.--Section 10A(h)(1) of the National
Science Foundation Authorization Act of 2002 (42 U.S.C. 1862n-1a(h)(1))
is amended to read as follows:
``(1) In general.--An eligible entity receiving a grant under
this section shall provide, from non-Federal sources, to carry out
the activities supported by the grant--
``(A) in the case of grants in an amount of less than
$1,500,000, an amount equal to at least 30 percent of the
amount of the grant, at least one half of which shall be in
cash; and
``(B) in the case of grants in an amount of $1,500,000 or
more, an amount equal to at least 50 percent of the amount of
the grant, at least one half of which shall be in cash.''.
(b) Retiring STEM Professionals.--Section 10A(a)(2)(A) of the
National Science Foundation Authorization Act of 2002 (42 U.S.C. 1862n-
1a(a)(2)(A)) is amended by inserting ``including retiring professionals
in those fields,'' after ``mathematics professionals,''.
SEC. 512 UNDERGRADUATE BROADENING PARTICIPATION PROGRAM.
The Foundation shall continue to support the Historically Black
Colleges and Universities Undergraduate Program, the Louis Stokes
Alliances for Minority Participation program, the Tribal Colleges and
Universities Program, and Hispanic-serving institutions as separate
programs.

eff601a2aa7c9e4cd11777ff49bfb9e21a4dc2f2250bc15e15d5e387bec4b46d

The Director shall permit specialized STEM high schools conducting
research to participate in major data collection initiatives from
universities, corporations, or government labs under a research grant
from the Foundation, as part of the research proposal.

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(a) Research Sites.--The Director shall award grants, on a merit-
reviewed, competitive basis, to institutions of higher education,
nonprofit organizations, or consortia of such institutions and
organizations, for sites designated by the Director to provide research
experiences for 6 or more undergraduate STEM students for sites
designated at primarily undergraduate institutions of higher education
and 10 or more undergraduate STEM students for all other sites, with
consideration given to the goal of promoting the participation of
individuals identified in section 33 or 34 of the Science and
Engineering Equal Opportunities Act (42 U.S.C. 1885a or 1885b). The
Director shall ensure that--
(1) at least half of the students participating in a program
funded by a grant under this subsection at each site shall be
recruited from institutions of higher education where research
opportunities in STEM are limited, including 2-year institutions;
(2) the awards provide undergraduate research experiences in a
wide range of STEM disciplines;
(3) the awards support a variety of projects, including
independent investigator-led projects, interdisciplinary projects,
and multi-institutional projects (including virtual projects);
(4) students participating in each program funded have mentors,
including during the academic year to the extent practicable, to
help connect the students' research experiences to the overall
academic course of study and to help students achieve success in
courses of study leading to a baccalaureate degree in a STEM field;
(5) mentors and students are supported with appropriate salary
or stipends; and
(6) student participants are tracked, for employment and
continued matriculation in STEM fields, through receipt of the
undergraduate degree and for at least 3 years thereafter.
(b) Inclusion of Undergraduates in Standard Research Grants.--The
Director shall require that every recipient of a research grant from
the Foundation proposing to include 1 or more students enrolled in
certificate, associate, or baccalaureate degree programs in carrying
out the research under the grant shall request support, including
stipend support, for such undergraduate students as part of the
research proposal itself rather than as a supplement to the research
proposal, unless such undergraduate participation was not foreseeable
at the time of the original proposal.

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(a) In General.--The Director may award grants, on a competitive,
merit-reviewed basis, to institutions of higher education, or consortia
thereof, to establish or expand partnerships with local or regional
private sector entities, for the purpose of providing undergraduate
students with integrated internship experiences that connect private
sector internship experiences with the students' STEM coursework. The
partnerships may also include industry or professional associations.
(b) Internship Program.--The grants awarded under subsection (a)
may include internship programs in the manufacturing sector.
(c) Use of Grant Funds.--Grants under this section may be used--
(1) to develop and implement hands-on learning opportunities;
(2) to develop curricula and instructional materials related to
industry, including the manufacturing sector;
(3) to perform outreach to secondary schools;
(4) to develop mentorship programs for students with partner
organizations; and
(5) to conduct activities to support awareness of career
opportunities and skill requirements.
(d) Priority.--In awarding grants under this section, the Director
shall give priority to institutions of higher education or consortia
thereof that demonstrate significant outreach to and coordination with
local or regional private sector entities and Regional Centers for the
Transfer of Manufacturing Technology established by section 25(a) of
the National Institute of Standards and Technology Act (15 U.S.C.
278k(a)) in developing academic courses designed to provide students
with the skills or certifications necessary for employment in local or
regional companies.
(c) Outreach to Rural Communities.--The Foundation shall conduct
outreach to institutions of higher education and private sector
entities in rural areas to encourage those entities to participate in
partnerships under this section.
(d) Cost-share.--The Director shall require a 50 percent non-
Federal cost-share from partnerships established or expanded under this
section.
(e) Restriction.--No Federal funds provided under this section may
be used--
(1) for the purpose of providing stipends or compensation to
students for private sector internships unless private sector
entities match 75 percent of such funding; or
(2) as payment or reimbursement to private sector entities,
except for institutions of higher education.
(f) Report.--Not less than 3 years after the date of enactment of
this Act, the Director shall submit a report to Congress on the number
and total value of awards made under this section, the number of
students affected by those awards, any evidence of the effect of those
awards on workforce preparation and jobs placement for participating
students, and an economic and ethnic breakdown of the participating
students.

0f68470cf564d2a013e2e6c90aa8876e6ff5bb847c57cbda177ca716b3b7d6d8

The Director shall, in consultation with appropriate Federal
agencies, identify ways to use cyber-enabled learning to create an
innovative STEM workforce and to help retrain and retain our existing
STEM workforce to address national challenges, including national
security and competitiveness, and use technology to enhance or
supplement laboratory based learning.

43cc24163538beb3954b33e89b270c5effd40da25292ca9e46643fb4406e5892

(a) Findings.--The Congress finds that--
(1) The National Science Foundation Act of 1950 stated, ``it
shall be an objective of the Foundation to strengthen research and
education in the sciences and engineering, including independent
research by individuals, throughout the United States, and to avoid
undue concentration of such research and education,'';
(2) National Science Foundation funding remains highly
concentrated, with 27 States and 2 jurisdictions, taken together,
receiving only about 10 percent of all NSF research funding; each
of these States received only a fraction of one percent of
Foundation's research dollars each year;
(3) the Nation requires the talent, expertise, and research
capabilities of all States in order to prepare sufficient numbers
of scientists and engineers, remain globally competitive and
support economic development.
(b) Continuation of Program.--The Director shall continue to carry
out EPSCoR, with the objective of helping the eligible States to
develop the research infrastructure that will make them more
competitive for Foundation and other Federal research funding. The
program shall continue to increase as the National Science Foundation
funding increases.
(c) Congressional Reports.--The Director shall report to the
appropriate committees of Congress on an annual basis, using the most
recent available data--
(1) the total amount made available, by State, under EPSCoR;
(2) the amount of co-funding made available to EPSCoR States;
(3) the total amount of National Science Foundation funding
made available to all institutions and entities within EPSCoR
States; and
(4) efforts and accomplishments to more fully integrate the 29
EPSCoR jurisdictions in major activities and initiatives of the
Foundation.
(d) Coordination of EPSCoR and Similar Federal Programs.--
(1) Another finding.--The Congress finds that a number of
Federal agencies have programs, such as Experimental Programs to
Stimulate Competitive Research and the National Institutes of
Health Institutional Development Award program, designed to
increase the capacity for and quality of science and technology
research and training at academic institutions in States that
historically have received relatively little Federal research and
development funding.
(2) Coordination required.--The EPSCoR Interagency Coordinating
Committee, chaired by the National Science Foundation, shall--
(A) coordinate EPSCoR and Federal EPSCoR-like programs to
maximize the impact of Federal support for building competitive
research infrastructure, and in order to achieve an integrated
Federal effort;
(B) coordinate agency objectives with State and
institutional goals, to obtain continued non-Federal support of
science and technology research and training;
(C) develop metrics to assess gains in academic research
quality and competitiveness, and in science and technology
human resource development;
(D) conduct a cross-agency evaluation of EPSCoR and other
Federal EPSCoR-like programs and accomplishments, including
management, investment, and metric-measuring strategies
implemented by the different agencies aimed to increase the
number of new investigators receiving peer-reviewed funding,
broaden participation, and empower knowledge generation,
dissemination, application, and national research and
development competitiveness;
(E) coordinate the development and implementation of new,
novel workshops, outreach activities, and follow-up mentoring
activities among EPSCoR or EPSCoR-like programs for colleges
and universities in EPSCoR States and territories in order to
increase the number of proposals submitted and successfully
funded and to enhance statewide coordination of EPSCoR and
Federal EPSCoR-like programs;
(F) coordinate the development of new, innovative
solicitations and programs to facilitate collaborations,
partnerships, and mentoring activities among faculty at all
levels in non-EPSCoR and EPSCoR States and jurisdictions;
(G) conduct an evaluation of the roles, responsibilities
and degree of autonomy that program officers or managers (or
the equivalent position) have in executing EPSCoR programs at
the different Federal agencies and the impacts these
differences have on the number of EPSCoR State and jurisdiction
faculty participating in the peer review process and the
percentage of successful awards by individual EPSCoR State
jurisdiction and individual researcher; and
(H) conduct a survey of colleges and university faculty at
all levels regarding their knowledge and understanding of
EPSCoR, and their level of interaction with and knowledge about
their respective State or Jurisdictional EPSCoR Committee.
(3) Meetings and reports.--The Committee shall meet at least
twice each fiscal year and shall submit an annual report to the
appropriate committees of Congress describing progress made in
carrying out paragraph (2).
(e) Federal Agency Reports.--Each Federal agency that administers
an EPSCoR or Federal EPSCoR-like program shall submit to the OSTP as
part of its Federal budget submission--
(1) a description of the program strategy and objectives;
(2) a description of the awards made in the previous year,
including--
(A) the percentage of reviewers and number of new reviewers
from EPSCoR States;
(B) the percentage of new investigators from EPSCoR States;
(C) the number of programs or large collaborator awards
involving a partnership of organizations and institutions from
EPSCoR and non-EPSCoR States; and
(3) an analysis of the gains in academic research quality and
competitiveness, and in science and technology human resource
development, achieved by the program in the last year.
(f) National Academy of Sciences Study.--
(1) In general.--The Director shall contract with the National
Academy of Sciences to conduct a study on all Federal agencies that
administer an Experimental Program to Stimulate Competitive
Research or a program similar to the Experimental Program to
Stimulate Competitive Research.
(2) Matters to be addressed.--The study conducted under
paragraph (1) shall include the following:
(A) A delineation of the policies of each Federal agency
with respect to the awarding of grants to EPSCoR States.
(B) The effectiveness of each program.
(C) Recommendations for improvements for each agency to
achieve EPSCoR goals.
(D) An assessment of the effectiveness of EPSCoR States in
using awards to develop science and engineering research and
education, and science and engineering infrastructure within
their States.
(E) Such other issues that address the effectiveness of
EPSCoR as the National Academy of Sciences considers
appropriate.

2486f5003ef1bdc394d89d01b189bee1e26ece4bc364e907e85219b4589e70db

ENGINEERING, AND MATHEMATICS TALENT EXPANSION PROGRAM.
It is the sense of the Congress that--
(1) the Science, Technology, Engineering, and Mathematics
Talent Expansion Program established by the National Science
Foundation Authorization Act of 2002 continues to be an effective
program to increase the number of students, who are citizens or
permanent residents of the United States, receiving associate or
baccalaureate degrees in established or emerging fields within
science, technology, engineering, and mathematics, and its
authorization continues;
(2) the strategies employed continue to strengthen mentoring
and tutoring between faculty and students and provide students with
information and exposure to potential career pathways in science,
technology, engineering, and mathematics areas;
(3) this highly competitive program awarded 145 Program
implementation awards and 12 research projects in the first 6 years
of operations; and
(4) the Science, Technology, Engineering, and Mathematics
Talent Expansion Program should continue to be supported by the
National Science Foundation.

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FOUNDATION'S CONTRIBUTIONS TO BASIC RESEARCH AND
EDUCATION.
(a) Findings.--The Congress finds that--
(1) the National Science Foundation is an independent Federal
agency created by Congress in 1950 to, among other things, promote
the progress of science, to advance the national health,
prosperity, and welfare, and to secure the national defense;
(2) the Foundation is the funding source for approximately 20
percent of all federally supported basic research conducted by
America's colleges and universities, and is the major source of
Federal backing for mathematics, computer science and other
sciences;
(3) the America COMPETES Act of 2007 helped rejuvenate our
focus on increasing basic research investment in the physical
sciences, strengthening educational opportunities in the science,
technology, engineering, and mathematics fields and developing a
robust innovation infrastructure; and
(4) reauthorization of the America COMPETES Act should continue
a robust investment in basic research and education and preserve
the essence of the original Act by increasing the investment focus
on science, technology, engineering, and mathematics basic research
and education as a national priority.
(b) Sense of the Congress.--It is the sense of the Congress that--
(1) the National Science Foundation is the finest scientific
foundation in the world, and is a vital agency that must support
basic research needed to advance the United States into the 21st
century;
(2) the National Science Foundation should focus Federal
research and development resources primarily in the areas of
science, technology, engineering, and mathematics basic research
and education; and
(3) the National Science Foundation should strive to ensure
that federally-supported research is of the finest quality, is
ground breaking, and answers questions or solves problems that are
of utmost importance to society at large.

89725d4bb75751260ddc5b36d6661b2ecd75c9330916d8e4a1ac8271ee176082

UNIVERSITY RESEARCH.
(a) In General.--Any institution of higher education (as such term
is defined in section 101(A) of the Higher Education Act of 1965 (20
U.S.C. 1001(a))) that receives National Science Foundation research
support and has received at least $25,000,000 in total Federal research
grants in the most recent fiscal year shall keep, maintain, and report
annually to the National Science Foundation the universal record
locator for a public website that contains information concerning its
general approach to and mechanisms for transfer of technology and the
commercialization of research results, including--
(1) contact information for individuals and university offices
responsible for technology transfer and commercialization;
(2) information for both university researchers and industry on
the institution's technology licensing and commercialization
strategies;
(3) success stories, statistics, and examples of how the
university supports commercialization of research results;
(4) technologies available for licensing by the university
where appropriate; and
(5) any other information deemed by the institution to be
helpful to companies with the potential to commercialize university
inventions.
(b) NSF Website.--The National Science Foundation shall create and
maintain a website accessible to the public that links to each website
mentioned under (a).
(c) Trade Secret Information.--Notwithstanding subsection (a), an
institution shall not be required to reveal confidential, trade secret,
or proprietary information on its website.

587166788101edbb1e26ac019abeb215a421aa1f5d6e3650377bdafe7a5ff1bb

(a) In General.--Within 180 days after the date of enactment of
this Act, the Director of the National Science Foundation shall
contract with the National Academy of Sciences to initiate a study to
evaluate, develop, or improve metrics for measuring the potential
impact-on-society, including--
(1) the potential for commercial applications of research
studies funded in whole or in part by grants of financial
assistance from the Foundation or other Federal agencies;
(2) the manner in which research conducted at, and individuals
graduating from, an institution of higher education contribute to
the development of new intellectual property and the success of
commercial activities;
(3) the quality of relevant scientific and international
publications; and
(4) the ability of such institutions to attract external
research funding.
(b) Report.--Within 1 year after initiating the study required by
subsection (a), the Director shall submit a report to the Senate
Committee on Commerce, Science, and Transportation and the House of
Representatives Committee on Science and Technology setting forth the
Director's findings, conclusions, and recommendations.

9c58975a8a2fc0f6fd88a5b5e11a6a9b3ebbbf249ddc9ee8fc0d9fd7b6007f2e

PROGRAMS.
The Director of the National Science Foundation may utilize funds
appropriated to carry out grants to institutions of higher education
(as such term is defined in section 101(a) of the Higher Education Act
of 1965 (20 U.S.C. 1001(a))) to provide financial support for post-
graduate research in fields with potential commercial applications to
match, in whole or in part, any private sector grant of financial
assistance to any post-doctoral program in such a field of study.

da0db919fe6a32fc278490548bb1dc6dc11c7b3ddfe8310d4227c0b60333f9d6

FACILITIES.
It is the sense of Congress that--
(1) the Foundation should, in its planning for construction and
stewardship of large facilities, coordinate and collaborate with
other Federal agencies, including the Department of Energy's Office
of Science, to ensure that joint investments may be made when
practicable;
(2) in particular, the Foundation should ensure that it
responds to recommendations by the National Academy of Sciences and
working groups convened by the National Science and Technology
Council regarding such facilities and opportunities for partnership
with other agencies in the design and construction of such
facilities; and
(3) for facilities in which research in multiple disciplines
will be possible, the Director should include multiple units within
the Foundation during the planning process.

16fb4decc649b52fede2acb14ce0b19fb21228f7e78ae78ddb170640ebee0595

(a) Research Focus Area.--The Director may support a national
research agenda in key areas affected by the increased use of public
and private cloud computing, including--
(1) new approaches, techniques, technologies, and tools for--
(A) optimizing the effectiveness and efficiency of cloud
computing environments; and
(B) mitigating security, identity, privacy, reliability,
and manageability risks in cloud-based environments, including
as they differ from traditional data centers;
(2) new algorithms and technologies to define, assess, and
establish large-scale, trustworthy, cloud-based infrastructures;
(3) models and advanced technologies to measure, assess,
report, and understand the performance, reliability, energy
consumption, and other characteristics of complex cloud
environments; and
(4) advanced security technologies to protect sensitive or
proprietary information in global-scale cloud environments.
(b) Establishment.--
(1) In general.--Not later than 60 days after the date of
enactment of this Act, the Director shall initiate a review and
assessment of cloud computing research opportunities and
challenges, including research areas listed in subsection (a), as
well as related issues such as--
(A) the management and assurance of data that are the
subject of Federal laws and regulations in cloud computing
environments, which laws and regulations exist on the date of
enactment of this Act;
(B) misappropriation of cloud services, piracy through
cloud technologies, and other threats to the integrity of cloud
services;
(C) areas of advanced technology needed to enable trusted
communications, processing, and storage; and
(D) other areas of focus determined appropriate by the
Director.
(2) Unsolicited proposals.--The Director may accept unsolicited
proposals that review and assess the issues described in paragraph
(1). The proposals may be judged according to existing criteria of
the National Science Foundation.
(c) Report.--The Director shall provide an annual report for not
less than 5 consecutive years to Congress on the outcomes of National
Science Foundation investments in cloud computing research,
recommendations for research focus and program improvements, or other
related recommendations. The reports, including any interim findings or
recommendations, shall be made publicly available on the website of the
National Science Foundation.
(d) NIST Support.--The Director of the National Institute of
Standards and Technology shall--
(1) collaborate with industry in the development of standards
supporting trusted cloud computing infrastructures, metrics,
interoperability, and assurance; and
(2) support standards development with the intent of supporting
common goals.

8c27796bf64f1fb1fa632fda5c8ba98e2fba8dcb64fbe2524049d62a9696b04e

(a) In General.--The Director shall continue to support a program
to award grants on a competitive, merit-reviewed basis to tribal
colleges and universities (as defined in section 316 of the Higher
Education Act of 1965 (20 U.S.C. 1059c), including institutions
described in section 317 of such Act (20 U.S.C. 1059d), to enhance the
quality of undergraduate STEM education at such institutions and to
increase the retention and graduation rates of Native American students
pursuing associate's or baccalaureate degrees in STEM.
(b) Program Components.--Grants awarded under this section shall
support--
(1) activities to improve courses and curriculum in STEM;
(2) faculty development;
(3) stipends for undergraduate students participating in
research; and
(4) other activities consistent with subsection (a), as
determined by the Director.
(c) Instrumentation.--Funding provided under this section may be
used for laboratory equipment and materials.

7a00cafdfcb7e0ca77d30e7f08ec049d63fa7eb3c2e99d9d41bc9cd81c68cf45

(a) Goals.--The Foundation shall apply a Broader Impacts Review
Criterion to achieve the following goals:
(1) Increased economic competitiveness of the United States.
(2) Development of a globally competitive STEM workforce.
(3) Increased participation of women and underrepresented
minorities in STEM.
(4) Increased partnerships between academia and industry.
(5) Improved pre-K-12 STEM education and teacher development.
(6) Improved undergraduate STEM education.
(7) Increased public scientific literacy.
(8) Increased national security.
(b) Policy.--Not later than 6 months after the date of enactment of
this Act, the Director shall develop and implement a policy for the
Broader Impacts Review Criterion that--
(1) provides for educating professional staff at the
Foundation, merit review panels, and applicants for Foundation
research grants on the policy developed under this subsection;
(2) clarifies that the activities of grant recipients
undertaken to satisfy the Broader Impacts Review Criterion shall--
(A) to the extent practicable employ proven strategies and
models and draw on existing programs and activities; and
(B) when novel approaches are justified, build on the most
current research results;
(3) allows for some portion of funds allocated to broader
impacts under a research grant to be used for assessment and
evaluation of the broader impacts activity;
(4) encourages institutions of higher education and other
nonprofit education or research organizations to develop and
provide, either as individual institutions or in partnerships
thereof, appropriate training and programs to assist Foundation-
funded principal investigators at their institutions in achieving
the goals of the Broader Impacts Review Criterion as described in
subsection (a); and
(5) requires principal investigators applying for Foundation
research grants to provide evidence of institutional support for
the portion of the investigator's proposal designed to satisfy the
Broader Impacts Review Criterion, including evidence of relevant
training, programs, and other institutional resources available to
the investigator from either their home institution or organization
or another institution or organization with relevant expertise.

f38aba2b8e7d778d9cb2ee1628e064121be20fa9e4d9156f45380e9c5202db66

(a) In General.--The Director shall award grants, on a competitive,
merit-reviewed basis, to institutions of higher education to implement
or expand research-based reforms in master's and doctoral level STEM
education that emphasize preparation for diverse careers utilizing STEM
degrees, including at diverse types of institutions of higher
education, in industry, and at government agencies and research
laboratories.
(b) Uses of Funds.--Activities supported by grants under this
section may include--
(1) creation of multidisciplinary or interdisciplinary courses
or programs for the purpose of improved student instruction and
research in STEM;
(2) expansion of graduate STEM research opportunities to
include interdisciplinary research opportunities and research
opportunities in industry, at Federal laboratories, and at
international research institutions or research sites;
(3) development and implementation of future faculty training
programs focused on improved instruction, mentoring, assessment of
student learning, and support of undergraduate STEM students;
(4) support and training for graduate students to participate
in instructional activities beyond the traditional teaching
assistantship, and especially as part of ongoing educational reform
efforts, including at pre-K-12 schools, and primarily undergraduate
institutions;
(5) creation, improvement, or expansion of innovative graduate
programs such as science master's degree programs;
(6) development and implementation of seminars, workshops, and
other professional development activities that increase the ability
of graduate students to engage in innovation, technology transfer,
and entrepreneurship;
(7) development and implementation of seminars, workshops, and
other professional development activities that increase the ability
of graduate students to effectively communicate their research
findings to technical audiences outside of their own discipline and
to nontechnical audiences;
(8) expansion of successful STEM reform efforts beyond a single
academic unit to other STEM academic units within an institution or
to comparable academic units at other institutions; and
(9) research on teaching and learning of STEM at the graduate
level related to the proposed reform effort, including assessment
and evaluation of the proposed reform activities and research on
scalability and sustainability of approaches to reform.
(c) Partnership.--An institution of higher education may partner
with one or more other nonprofit education or research organizations,
including scientific and engineering societies, for the purposes of
carrying out the activities authorized under this section.
(d) Selection Process.--
(1) Applications.--An institution of higher education seeking a
grant under this section shall submit an application to the
Director at such time, in such manner, and containing such
information as the Director may require. The application shall
include, at a minimum--
(A) a description of the proposed reform effort;
(B) in the case of applications that propose an expansion
of a previously implemented reform effort at the applicant's
institution or at other institutions, a description of the
previously implemented reform effort;
(C) evidence of institutional support for, and commitment
to, the proposed reform effort, including long-term commitment
to implement successful strategies from the current reform
effort beyond the academic unit or units included in the grant
proposal or to disseminate successful strategies to other
institutions; and
(D) a description of the plans for assessment and
evaluation of the grant proposed reform activities.
(2) Review of applications.--In selecting grant recipients
under this section, the Director shall consider at a minimum--
(A) the likelihood of success in undertaking the proposed
effort at the institution submitting the application, including
the extent to which the faculty, staff, and administrators of
the institution are committed to making the proposed
institutional reform a priority of the participating academic
unit or units;
(B) the degree to which the proposed reform will contribute
to change in institutional culture and policy such that a
greater value is placed on preparing graduate students for
diverse careers utilizing STEM degrees;
(C) the likelihood that the institution will sustain or
expand the reform beyond the period of the grant; and
(D) the degree to which scholarly assessment and evaluation
plans are included in the design of the reform effort.
SUBTITLE B--STEM-TRAINING GRANT PROGRAM

cf1ef7749da4cd0af33bb68a1e909fb2548f2d6437c4ad218cebdf0b12196183

The purpose of this subtitle is to replicate and implement programs
at institutions of higher education that provide integrated courses of
study in science, technology, engineering, or mathematics, and teacher
education, that lead to a baccalaureate degree in science, technology,
engineering, or mathematics with concurrent teacher certification.

65116d7836418c8e64667558bc11ea46dae677d9660155b935e44d12476f1cac

The Director shall replicate and implement undergraduate degree
programs under this subtitle that--
(1) are designed to recruit and prepare students who pursue a
baccalaureate degree in science, technology, engineering, or
mathematics to become certified as elementary and secondary
teachers;
(2) require the education department (or its equivalent) and
the departments or division responsible for preparation of science,
technology, engineering, and mathematics majors at an institution
of higher education to collaborate in establishing and implementing
the program at that institution;
(3) require students participating in the program to enter the
program through a field-based course and to continue to complete
field-based courses supervised by master teachers throughout the
program;
(4) hire sufficient teachers so that the ratio of students to
master teachers in the program does not exceed 100 to 1;
(5) include instruction in the use of scientifically-based
instructional materials and methods, assessments, pedagogical
content knowledge (including the interaction between mathematics
and science), the use of instructional technology, and how to
incorporate State and local standards into the classroom
curriculum;
(6) restrict to students participating in the program those
courses that are specifically designed for the needs of teachers of
science, technology, engineering, and mathematics; and
(7) require students participating in the program to
successfully complete a final evaluation of their teaching
proficiency, based on their classroom teaching performance,
conducted by multiple trained observers, and a portfolio of their
accomplishments.

53fabb79af6ebfe3f349aa7d0ad2e2719fb30ee2b75726f7f1ef5ce0b342926a

(a) In General.--The Director shall establish a grant program to
support programs at institutions of higher education to carry out the
purpose of this subtitle.
(b) Geographical Considerations.--In the administration of this
subtitle, the Director shall take such steps as may be necessary to
ensure that grants are equitably distributed across all regions of the
United States, taking into account population density and other
geographic and demographic considerations.
(c) Amount of Grant.--Subject to the requirements of subsection
(d), the Director may award grants annually on a competitive basis to
institutions of higher education in the amount of $2,000,000, per
institution of which--
(1) $1,500,000 shall be used--
(A) to design, implement, and evaluate a program that meets
the requirements of section 552;
(B) to employ master teachers at the institution to oversee
field experiences;
(C) to provide a stipend to mentor teachers participating
in the program; and
(D) to support curriculum development and implementation
strategies for science, technology, engineering, and
mathematics content courses taught through the program; and
(2) up to $500,000 shall be set aside by the grantee for
technical support and evaluation services from the institution
whose programs will be replicated.
(d) Eligibility.--To be eligible to apply for a grant under this
section, an institution of higher education shall--
(1) include former secondary school science, technology,
engineering, or mathematics master teachers as faculty in its
science department for this program;
(2) grant terminal degrees in science, technology, engineering,
and mathematics; and
(3) have a process to be used in establishing partnerships with
local educational agencies for placement of participating students
in their field experiences, including a process for identifying
mentor teachers working in local schools to supervise classroom
field experiences in cooperation with university-based master
teachers;
(4) maintain policies allowing flexible entry to the program
throughout the undergraduate coursework;
(5) require that master teachers employed by the institution
will supervise field experiences of students in the program;
(6) require that the program complies with State certification
or licensing requirements and the requirements under section
9101(23) of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801(23)) for highly qualified teachers;
(7) develop during the course of the grant a plan for long-term
support and assessment of its graduates, which shall include--
(A) induction support for graduates in their first one to
two years of teaching;
(B) systems to determine the teaching status of graduates
and thereby determine retention rates; and
(C) methods to analyze the achievement of students taught
by graduates, and methods to analyze classroom practices of
graduates; and
(8) be able upon completion of the grant at the end of 5 years
to fund essential program costs, including salaries of master
teachers and other necessary personnel, from recurring university
budgets.
(e) Application Requirements.--An institution of higher education
seeking a grant under the program shall submit an application to the
Director in such form, at such time, and containing such information
and assurances as the Director may require, including--
(1) a description of the current rate at which individuals
majoring in science, technology, engineering, and mathematics
become certified as elementary and secondary teachers;
(2) a description for the institution's plan for increasing the
numbers of students enrolled in and graduating from the program
supported under this subtitle;
(3) a description of the institution's capacity to develop a
program in which individuals majoring in science, technology,
engineering, and mathematics can become certified as elementary and
secondary teachers;
(4) identification of the organizational unit within the
department or division of arts and sciences or the science
department at the institution that will adopt teacher certification
for elementary and secondary teachers as its primary mission;
(5) identification of core faculty within the department or
division of arts and sciences or the science department at the
institution to champion teacher preparation in their departments by
teaching courses dedicated to preparing future elementary and
secondary school teachers, helping create new degree plans,
advising prospective students within their major, and assisting as
needed with program administration;
(6) identification of core faculty in the education department
or its equivalent at the institution to champion teacher
preparation by creating and teaching courses specific to the
preparation of science, technology, engineering, and mathematics
and working closely with colleagues in the department or division
of arts and sciences or the science department; and
(7) a description of involving practical, field-based
experience in teaching and degree plans enabling students to
graduate in 4 years with a major in science, technology,
engineering, or mathematics and elementary or secondary school
teacher certification.
(f) Matching Requirement.--An institution of higher education may
not receive a grant under this section unless it provides, from non-
federal sources, to carry out the activities supported by the grant, an
amount that is not less than--
(1) 35 percent of the amount of the grant for the first fiscal
year of the grant;
(2) 55 percent of the amount of the grant for the second and
third fiscal years of the grant; and
(3) 75 percent of the amount of the grant for the fourth and
fifth fiscal years of the grant.
(g) Guidance.--Within 90 days after the date of enactment of this
Act, the Director shall initiate a proceeding to promulgate guidance
for the administration of the grant program established under
subsection (a).

79fb4c1d3d3a3c196e80f1b44196940481cf5f61b62f1f22e01f1e494979329b

(a) In General.--The Director may execute a contract for program
oversight and fiscal management with an organization at an institution
of higher education, a non-profit organization, or other entity that
demonstrates capacity for and experience in--
(1) replicating 1 or more similar programs at regional or
national levels;
(2) providing programmatic and technical implementation
assistance for the program;
(3) performing data collection and analysis to ensure proper
implementation and continuous program improvement; and
(4) providing accountability for results by measuring and
monitoring achievement of programmatic milestones.
(b) Oversight Responsibilities.--
(1) Mandatory duties.--If the Director executes a contract
under subsection (a) with an organization for program oversight and
fiscal management, the organization shall--
(A) ensure that a grant recipient faithfully replicates and
implements the program or programs for which the grant is
awarded;
(B) ensure that grant funds are used for the purposes
authorized and that a grant recipient has a system in place to
track and account for all Federal grant funds provided;
(C) provide technical assistance to grant recipients;
(D) collect and analyze data and report to the Director
annually on the effects of the program on--
(i) the progress of participating students in achieving
teaching competence and teaching certification;
(ii) the participation of students in the program by
major, compared with local and State needs on secondary
teachers by discipline; and
(iii) the participation of students in the program by
demographic subgroup;
(E) collect and analyze data and report to the Director
annually on the effects of the program on the academic
achievement of elementary and secondary school students taught
by graduates of programs funded by grants under this subtitle;
and
(F) submit an annual report to the Director demonstrating
compliance with the requirements of subparagraphs (A) through
(E).
(2) Discretionary duties.--At the request of the Director, the
organization under contract under subsection (a) may assist the
Director in evaluating grant applications.
(c) Reports to Congress.--The Director shall submit a copy of the
annual report required by subsection (b)(1)(F) to the Senate Committee
on Commerce, Science, and Transportation, the Senate Committee on
Health, Education, Labor, and Pensions, the House of Representatives
Committee on Science and Technology, and the House of Representatives
Committee on Education and Labor.

26ad3fc23bdb4e34a3b0f951049bbaf09b1c9f5681a05ab9f65723760534b41c

In this subtitle:
(1) Field-based course.--The term ``field-based course'' means
a course of instruction offered by an institution of higher
education that includes a requirement that students teach a minimum
of 3 lessons or sequences of lessons to elementary or secondary
students.
(2) Institution of higher education.--The term ``institution of
higher education'' has the meaning given that term by section 101
of the Higher Education Act of 1965 (20 U.S.C. 1001).
(3) Master teacher.--The term ``master teacher'' means an
individual--
(A) who has been awarded a master's or doctoral degree by
an institution of higher education;
(B) whose graduate coursework included courses in
mathematics, science, computer science, or engineering;
(C) who has at least 3 years teaching experience in K-12
settings; and
(D) whose teaching has been recognized for exceptional
accomplishments in educating students, or is demonstrated to
have resulted in improved student achievement.
(4) Mentor teacher.--The term ``mentor teacher'' means an
elementary or secondary school classroom teacher who assists with
the training of students participating in a field-based course.
(5) Director.--The term ``Director'' means the Director of the
National Science Foundation.

cab7f43043f727356b4871f1f2f4c4730cce9e1de9820c2bfcbf2e0504d4d1ca

There are authorized to be appropriated to the Director to carry
out this subtitle $10,000,000 for each of fiscal years 2011 through
2013.

f7165a6cf455f4073114078737e7dabba00688c4d7dfadb97f2951ee262866a1

The Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C.
3701 et seq.), as amended by section 106 of this Act, is amended by
adding at the end the following:
``SEC. 25. OFFICE OF INNOVATION AND ENTREPRENEURSHIP.
``(a) In General.--The Secretary shall establish an Office of
Innovation and Entrepreneurship to foster innovation and the
commercialization of new technologies, products, processes, and
services with the goal of promoting productivity and economic growth in
the United States.
``(b) Duties.--The Office of Innovation and Entrepreneurship shall
be responsible for--
``(1) developing policies to accelerate innovation and advance
the commercialization of research and development, including
federally funded research and development;
``(2) identifying existing barriers to innovation and
commercialization, including access to capital and other resources,
and ways to overcome those barriers, particularly in States
participating in the Experimental Program to Stimulate Competitive
Research;
``(3) providing access to relevant data, research, and
technical assistance on innovation and commercialization;
``(4) strengthening collaboration on and coordination of
policies relating to innovation and commercialization, including
those focused on the needs of small businesses and rural
communities, within the Department of Commerce, between the
Department of Commerce and other Federal agencies, and between the
Department of Commerce and appropriate State government agencies
and institutions, as appropriate; and
``(5) any other duties as determined by the Secretary.
``(c) Advisory Committee.--The Secretary shall establish an
Advisory Council on Innovation and Entrepreneurship to provide advice
to the Secretary on carrying out subsection (b).''.

80c14ada006c2862b0b1236f6ce6da2ac29e29cb61368e26ed629835d8175d8a

MANUFACTURING.
The Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C.
3701 et seq.), as amended by section 601, is further amended by adding
at the end the following:
``SEC. 26. FEDERAL LOAN GUARANTEES FOR INNOVATIVE TECHNOLOGIES IN
MANUFACTURING.
``(a) Establishment.--The Secretary shall establish a program to
provide loan guarantees for obligations to small- or medium-sized
manufacturers for the use or production of innovative technologies.
``(b) Eligible Projects.--A loan guarantee may be made under the
program only for a project that re-equips, expands, or establishes a
manufacturing facility in the United States--
``(1) to use an innovative technology or an innovative process
in manufacturing;
``(2) to manufacture an innovative technology product or an
integral component of such a product; or
``(3) to commercialize an innovative product, process, or idea
that was developed by research funded in whole or in part by a
grant from the Federal government.
``(c) Eligible Borrower.--A loan guarantee may be made under the
program only for a borrower who is a small- or medium-sized
manufacturer, as determined by the Secretary under the criteria
established pursuant to subsection (l).
``(d) Limitation on Amount.--A loan guarantee shall not exceed an
amount equal to 80 percent of the obligation, as estimated at the time
at which the loan guarantee is issued.
``(e) Limitations on Loan Guarantee.--No loan guarantee shall be
made unless the Secretary determines that--
``(1) there is a reasonable prospect of repayment of the
principal and interest on the obligation by the borrower;
``(2) the amount of the obligation (when combined with amounts
available to the borrower from other sources) is sufficient to
carry out the project;
``(3) the obligation is not subordinate to other financing;
``(4) the obligation bears interest at a rate that does not
exceed a level that the Secretary determines appropriate, taking
into account the prevailing rate of interest in the private sector
for similar loans and risks; and
``(5) the term of an obligation requires full repayment over a
period not to exceed the lesser of--
``(A) 30 years; or
``(B) 90 percent of the projected useful life, as
determined by the Secretary, of the physical asset to be
financed by the obligation.
``(f) Defaults.--
``(1) Payment by secretary.--
``(A) In general.--If a borrower defaults (as defined in
regulations promulgated by the Secretary and specified in the
loan guarantee) on the obligation, the holder of the loan
guarantee shall have the right to demand payment of the unpaid
amount from the Secretary.
``(B) Payment required.--Within such period as may be
specified in the loan guarantee or related agreements, the
Secretary shall pay to the holder of the loan guarantee the
unpaid interest on and unpaid principal of the obligation as to
which the borrower has defaulted, unless the Secretary finds
that there was no default by the borrower in the payment of
interest or principal or that the default has been remedied.
``(C) Forbearance.--Nothing in this subsection precludes
any forbearance by the holder of the obligation for the benefit
of the borrower which may be agreed upon by the parties to the
obligation and approved by the Secretary.
``(2) Subrogation.--
``(A) In general.--If the Secretary makes a payment under
paragraph (1), the Secretary shall be subrogated to the rights,
as specified in the loan guarantee, of the recipient of the
payment or related agreements including, if appropriate, the
authority (notwithstanding any other provision of law)--
``(i) to complete, maintain, operate, lease, or
otherwise dispose of any property acquired pursuant to such
loan guarantee or related agreement; or
``(ii) to permit the borrower, pursuant to an agreement
with the Secretary, to continue to pursue the purposes of
the project if the Secretary determines that such an
agreement is in the public interest.
``(B) Superiority of rights.--The rights of the Secretary,
with respect to any property acquired pursuant to a loan
guarantee or related agreements, shall be superior to the
rights of any other person with respect to the property.
``(3) Notification.--If the borrower defaults on an obligation,
the Secretary shall notify the Attorney General of the default.
``(g) Terms and Conditions.--A loan guarantee under this section
shall include such detailed terms and conditions as the Secretary
determines appropriate--
``(1) to protect the interests of the United States in the case
of default; and
``(2) to have available all the patents and technology
necessary for any person selected, including the Secretary, to
complete and operate the project.
``(h) Consultation.--In establishing the terms and conditions of a
loan guarantee under this section, the Secretary shall consult with the
Secretary of the Treasury.
``(i) Fees.--
``(1) In general.--The Secretary shall charge and collect fees
for loan guarantees in amounts the Secretary determines are
sufficient to cover applicable administrative expenses.
``(2) Availability.--Fees collected under this subsection
shall--
``(A) be deposited by the Secretary into the Treasury of
the United States; and
``(B) remain available until expended, subject to such
other conditions as are contained in annual appropriations
Acts.
``(3) Limitation.--In charging and collecting fees under
paragraph (1), the Secretary shall take into consideration the
amount of the obligation.
``(j) Records.--
``(1) In general.--With respect to a loan guarantee under this
section, the borrower, the lender, and any other appropriate party
shall keep such records and other pertinent documents as the
Secretary shall prescribe by regulation, including such records as
the Secretary may require to facilitate an effective audit.
``(2) Access.--The Secretary and the Comptroller General of the
United States, or their duly authorized representatives, shall have
access to records and other pertinent documents for the purpose of
conducting an audit.
``(k) Full Faith and Credit.--The full faith and credit of the
United States is pledged to the payment of all loan guarantees issued
under this section with respect to principal and interest.
``(l) Regulations.--The Secretary shall issue final regulations
before making any loan guarantees under the program. The regulations
shall include--
``(1) criteria that the Secretary shall use to determine
eligibility for loan guarantees under this section, including--
``(A) whether a borrower is a small- or medium-sized
manufacturer; and
``(B) whether a borrower demonstrates that a market exists
for the innovative technology product, or the integral
component of such a product, to be manufactured, as evidenced
by written statements of interest from potential purchasers;
``(2) criteria that the Secretary shall use to determine the
amount of any fees charged under subsection (i), including criteria
related to the amount of the obligation;
``(3) policies and procedures for selecting and monitoring
lenders and loan performance; and
``(4) any other policies, procedures, or information necessary
to implement this section.
``(m) Audit.--
``(1) Annual independent audits.--The Secretary shall enter
into an arrangement with an independent auditor for annual
evaluations of the program under this section.
``(2) Comptroller general review.--The Comptroller General of
the United States shall conduct a biennial review of the
Secretary's execution of the program under this section.
``(3) Report.--The results of the independent audit under
paragraph (1) and the Comptroller General's review under paragraph
(2) shall be provided directly to the Committee on Science and
Technology of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate.
``(n) Report to Congress.--Concurrent with the submission to
Congress of the President's annual budget request in each year after
the date of enactment of the America COMPETES Reauthorization Act of
2010, the Secretary shall transmit to the Committee on Science and
Technology of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a report containing
a summary of all activities carried out under this section.
``(o) Coordination and Nonduplication.--To the maximum extent
practicable, the Secretary shall ensure that the activities carried out
under this section are coordinated with, and do not duplicate the
efforts of, other loan guarantee programs within the Federal
Government.
``(p) MEP Centers.--The Secretary may use centers established under
section 25 of the National Institute of Standards and Technology Act
(15 U.S.C. 278k) to provide information about the program established
under this section and to conduct outreach to potential borrowers, as
appropriate.
``(q) Minimizing Risk.--The Secretary shall promulgate regulations
and policies to carry out this section in accordance with Office of
Management and Budget Circular No. A-129, entitled `Policies for
Federal Credit Programs and Non-Tax Receivables', as in effect on the
date of enactment of the America COMPETES Reauthorization Act of 2010.
``(r) Sense of Congress.--It is the sense of Congress that no loan
guarantee shall be made under this section unless the borrower agrees
to use a federally-approved electronic employment eligibility
verification system to verify the employment eligibility of--
``(1) all persons hired during the contract term by the
borrower to perform employment duties within the United States; and
``(2) all persons assigned by the borrower to perform work
within the United States on the project.
``(s) Definitions.--In this section:
``(1) Cost.--The term `cost' has the meaning given such term
under section 502 of the Federal Credit Reform Act of 1990 (2
U.S.C. 661a).
``(2) Innovative process.--The term `innovative process' means
a process that is significantly improved as compared to the process
in general use in the commercial marketplace in the United States
at the time the loan guarantee is issued.
``(3) Innovative technology.--The term `innovative technology'
means a technology that is significantly improved as compared to
the technology in general use in the commercial marketplace in the
United States at the time the loan guarantee is issued.
``(4) Loan guarantee.--The term `loan guarantee' has the
meaning given such term in section 502 of the Federal Credit Reform
Act of 1990 (2 U.S.C. 661a). The term includes a loan guarantee
commitment (as defined in section 502 of such Act (2 U.S.C. 661a)).
``(5) Obligation.--The term `obligation' means the loan or
other debt obligation that is guaranteed under this section.
``(6) Program.--The term `program' means the loan guarantee
program established in subsection (a).
``(t) Authorization of Appropriations.--There are authorized to be
appropriated $20,000,000 for each of fiscal years 2011 through 2013 to
provide the cost of loan guarantees under this section.''.

e37a3675a09d18d17f007951f7c65a4e3acc14ff4f3c50d191a46a23a32c7e13

The Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C.
3701 et seq.), as amended by section 602, is further amended by adding
at the end thereof the following:
``SEC. 27. REGIONAL INNOVATION PROGRAM.
``(a) Establishment.--The Secretary shall establish a regional
innovation program to encourage and support the development of regional
innovation strategies, including regional innovation clusters and
science and research parks.
`(b) Cluster Grants.--
``(1) In general.--As part of the program established under
subsection (a), the Secretary may award grants on a competitive
basis to eligible recipients for activities relating to the
formation and development of regional innovation clusters.
``(2) Permissible activities.--Grants awarded under this
subsection may be used for activities determined appropriate by the
Secretary, including the following:
``(A) Feasibility studies.
``(B) Planning activities.
``(C) Technical assistance.
``(D) Developing or strengthening communication and
collaboration between and among participants of a regional
innovation cluster.
``(E) Attracting additional participants to a regional
innovation cluster.
``(F) Facilitating market development of products and
services developed by a regional innovation cluster, including
through demonstration, deployment, technology transfer, and
commercialization activities.
``(G) Developing relationships between a regional
innovation cluster and entities or clusters in other regions.
``(H) Interacting with the public and State and local
governments to meet the goals of the cluster.
``(3) Eligible recipient defined.--In this subsection, the term
`eligible recipient' means--
``(A) a State;
``(B) an Indian tribe;
``(C) a city or other political subdivision of a State;
``(D) an entity that--
``(i) is a nonprofit organization, an institution of
higher education, a public-private partnership, a science
or research park, a Federal laboratory, or an economic
development organization or similar entity; and
``(ii) has an application that is supported by a State
or a political subdivision of a State; or
``(E) a consortium of any of the entities described in
subparagraphs (A) through (D).
``(4) Application.--
``(A) In general.--An eligible recipient shall submit an
application to the Secretary at such time, in such manner, and
containing such information and assurances as the Secretary may
require.
``(B) Components.--The application shall include, at a
minimum, a description of the regional innovation cluster
supported by the proposed activity, including a description
of--
``(i) whether the regional innovation cluster is
supported by the private sector, State and local
governments, and other relevant stakeholders;
``(ii) how the existing participants in the regional
innovation cluster will encourage and solicit participation
by all types of entities that might benefit from
participation, including newly formed entities and those
rival existing participants;
``(iii) the extent to which the regional innovation
cluster is likely to stimulate innovation and have a
positive impact on regional economic growth and
development;
``(iv) whether the participants in the regional
innovation cluster have access to, or contribute to, a
well-trained workforce;
``(v) whether the participants in the regional
innovation cluster are capable of attracting additional
funds from non-Federal sources; and
``(vi) the likelihood that the participants in the
regional innovation cluster will be able to sustain
activities once grant funds under this subsection have been
expended.
``(C) Special consideration.--The Secretary shall give
special consideration to applications from regions that contain
communities negatively impacted by trade.
``(5) Special consideration.--The Secretary shall give special
consideration to an eligible recipient who agrees to collaborate
with local workforce investment area boards.
``(6) Cost share.--The Secretary may not provide more than 50
percent of the total cost of any activity funded under this
subsection.
``(7) Use and application of research and information
program.--To the maximum extent practicable, the Secretary shall
ensure that activities funded under this subsection use and apply
any relevant research, best practices, and metrics developed under
the program established in subsection (c).
``(c) Science and Research Park Development Grants.--
``(1) In general.--As part of the program established under
subsection (a), the Secretary may award grants for the development
of feasibility studies and plans for the construction of new
science parks or the renovation or expansion of existing science
parks.
``(2) Limitation on amount of grants.--The amount of a grant
awarded under this subsection may not exceed $750,000.
``(3) Award.--
``(A) Competition required.--The Secretary shall award
grants under this subsection pursuant to a full and open
competition.
``(B) Geographic dispersion.--In conducting a competitive
process, the Secretary shall consider the need to avoid undue
geographic concentration among any one category of States based
on their predominant rural or urban character as indicated by
population density.
``(C) Selection criteria.--The Secretary shall publish the
criteria to be utilized in any competition for the selection of
recipients of grants under this subsection, which shall include
requirements relating to the--
``(i) effect the science park will have on regional
economic growth and development;
``(ii) number of jobs to be created at the science park
and the surrounding regional community each year during its
first 3 years;
``(iii) funding to be required to construct, renovate
or expand the science park during its first 3 years;
``(iv) amount and type of financing and access to
capital available to the applicant;
``(v) types of businesses and research entities
expected in the science park and surrounding regional
community;
``(vi) letters of intent by businesses and research
entities to locate in the science park;
``(vii) capability to attract a well trained workforce
to the science park;
``(viii) the management of the science park during its
first 5 years;
``(ix) expected financial risks in the construction and
operation of the science park and the risk mitigation
strategy;
``(x) physical infrastructure available to the science
park, including roads, utilities, and telecommunications;
``(xi) utilization of energy-efficient building
technology including nationally recognized green building
design practices, renewable energy, cogeneration, and other
methods that increase energy efficiency and conservation;
``(xii) consideration to the transformation of military
bases affected by the base realignment and closure process
or the redevelopment of existing buildings, structures, or
brownfield sites that are abandoned, idled, or underused
into single or multiple building facilities for science and
technology companies and institutions;
``(xiii) ability to collaborate with other science
parks throughout the world;
``(xiv) consideration of sustainable development
practices and the quality of life at the science park; and
``(xv) other such criteria as the Secretary shall
prescribe.
``(4) Allocation constraints.--The Secretary may not allocate
less than one-third of the total grant funding allocated under this
section for any fiscal year to grants under subsection (b) or this
subsection without written notification to the Senate Committee on
Commerce, Science, and Transportation and the House of
Representatives Committees on Science and Technology and on Energy
and Commerce.
``(d) Loan Guarantees for Science Park Infrastructure.--
``(1) In general.--Subject to paragraph (2), the Secretary may
guarantee up to 80 percent of the loan amount for projects for the
construction or expansion, including renovation and modernization,
of science park infrastructure.
``(2) Limitations on guarantee amounts.--The maximum amount of
loan principal guaranteed under this subsection may not exceed--
``(A) $50,000,000 with respect to any single project;
and
``(B) $300,000,000 with respect to all projects.
``(3) Selection of guarantee recipients.--The Secretary shall
select recipients of loan guarantees under this subsection based
upon the ability of the recipient to collateralize the loan amount
through bonds, equity, property, and such other things of values as
the Secretary shall deem necessary. Recipients of grants under
subsection (c) are not eligible for a loan guarantee during the
period of the grant. To the extent that the Secretary determines it
to be feasible, the Secretary may select recipients of guarantee
assistance in accord with a competitive process that takes into
account the factors set out in subsection (c)(3)(C) of this
section.
``(4) Terms and conditions for loan guarantees.--The loans
guaranteed under this subsection shall be subject to such terms and
conditions as the Secretary may prescribe, except that--
``(A) the final maturity of such loans made or guaranteed
may not exceed the lesser of--
``(i) 30 years; or
``(ii) 90 percent of the useful life of any physical
asset to be financed by the loan;
``(B) a loan guaranteed under this subsection may not be
subordinated to another debt contracted by the borrower or to
any other claims against the borrowers in the case of default;
``(C) a loan may not be guaranteed under this subsection
unless the Secretary determines that the lender is responsible
and that provision is made for servicing the loan on reasonable
terms and in a manner that adequately protects the financial
interest of the United States;
``(D) a loan may not be guaranteed under this subsection
if--
``(i) the income from the loan is excluded from gross
income for purposes of chapter 1 of the Internal Revenue
Code of 1986; or
``(ii) the guarantee provides significant collateral or
security, as determined by the Secretary in coordination
with the Secretary of the Treasury, for other obligations
the income from which is so excluded;
``(E) any guarantee provided under this subsection shall be
conclusive evidence that--
``(i) the guarantee has been properly obtained;
``(ii) the underlying loan qualified for the guarantee;
and
``(iii) absent fraud or material misrepresentation by
the holder, the guarantee is presumed to be valid, legal,
and enforceable;
``(F) the Secretary may not extend credit assistance unless
the Secretary has determined that there is a reasonable
assurance of repayment; and
``(G) new loan guarantees may not be committed except to
the extent that appropriations of budget authority to cover
their costs are made in advance, as required under section 504
of the Federal Credit Reform Act of 1990 (2 U.S.C. 661c).
``(5) Payment of losses.--
``(A) In general.--If, as a result of a default by a
borrower under a loan guaranteed under this subsection, after
the holder has made such further collection efforts and
instituted such enforcement proceedings as the Secretary may
require, the Secretary determines that the holder has suffered
a loss, the Secretary shall pay to the holder the percentage of
the loss specified in the guarantee contract. Upon making any
such payment, the Secretary shall be subrogated to all the
rights of the recipient of the payment. The Secretary shall be
entitled to recover from the borrower the amount of any
payments made pursuant to any guarantee entered into under this
section.
``(B) Enforcement of rights.--The Attorney General shall
take such action as may be appropriate to enforce any right
accruing to the United States as a result of the issuance of
any guarantee under this section.
``(C) Forbearance.--Nothing in this section may be
construed to preclude any forbearance for the benefit of the
borrower which may be agreed upon by the parties to the
guaranteed loan and approved by the Secretary, if budget
authority for any resulting subsidy costs (as defined in
section 502(5) of the Federal Credit Reform Act of 1990) is
available.
``(6) Evaluation of credit risk.--
``(A) The Secretary shall periodically assess the credit
risk of new and existing direct loans or guaranteed loans.
``(B) Not later than 2 years after the date of the
enactment of the America COMPETES Reauthorization Act of 2010,
the Comptroller General of the United States shall--
``(i) conduct a review of the subsidy estimates for the
loan guarantees under this section; and
``(ii) submit to Congress a report on the review
conducted under this paragraph.
``(7) Termination.--A loan may not be guaranteed under this
section after September 30, 2013.
``(8) Authorization of appropriations.--There are authorized to
be appropriated $7,000,000 for each of fiscal years 2011 through
2013 for the cost (as defined in section 502(5) of the Federal
Credit Reform Act of 1990) of guaranteeing $300,000,000 in loans
under this section, such sums to remain available until expended.
``(e) Regional Innovation Research and Information Program.--
``(1) In general.--As part of the program established under
subsection (a), the Secretary shall establish a regional innovation
research and information program--
``(A) to gather, analyze, and disseminate information on
best practices for regional innovation strategies (including
regional innovation clusters), including information relating
to how innovation, productivity, and economic development can
be maximized through such strategies;
``(B) to provide technical assistance, including through
the development of technical assistance guides, for the
development and implementation of regional innovation
strategies (including regional innovation clusters);
``(C) to support the development of relevant metrics and
measurement standards to evaluate regional innovation
strategies (including regional innovation clusters), including
the extent to which such strategies stimulate innovation,
productivity, and economic development; and
``(D) to collect and make available data on regional
innovation cluster activity in the United States, including
data on--
``(i) the size, specialization, and competitiveness of
regional innovation clusters;
``(ii) the regional domestic product contribution,
total jobs and earnings by key occupations, establishment
size, nature of specialization, patents, Federal research
and development spending, and other relevant information
for regional innovation clusters; and
``(iii) supply chain product and service flows within
and between regional innovation clusters.
``(2) Research grants.--The Secretary may award research grants
on a competitive basis to support and further the goals of the
program established under this subsection.
``(3) Dissemination of information.--Data and analysis compiled
by the Secretary under the program established in this subsection
shall be made available to other Federal agencies, State and local
governments, and nonprofit and for-profit entities.
``(4) Regional innovation grant program.--The Secretary shall
incorporate data and analysis relating to any grant under
subsection (b) or (c) and any loan guarantee under subsection (d)
into the program established under this subsection.
``(f) Interagency Coordination.--
``(1) In general.--To the maximum extent practicable, the
Secretary shall ensure that the activities carried out under this
section are coordinated with, and do not duplicate the efforts of,
other programs at the Department of Commerce or other Federal
agencies.
``(2) Collaboration.--
``(A) In general.--The Secretary shall explore and pursue
collaboration with other Federal agencies, including through
multiagency funding opportunities, on regional innovation
strategies.
``(B) Small businesses.--The Secretary shall ensure that
such collaboration with Federal agencies prioritizes the needs
and challenges of small businesses.
``(g) Evaluation.--
``(1) In general.--Not later than 3 years after the date of
enactment of the America COMPETES Reauthorization Act of 2010, the
Secretary shall enter into a contract with an independent entity,
such as the National Academy of Sciences, to conduct an evaluation
of the program established under subsection (a).
``(2) Requirements.--The evaluation shall include--
``(A) whether the program is achieving its goals;
``(B) any recommendations for how the program may be
improved; and
``(C) a recommendation as to whether the program should be
continued or terminated.
``(h) Definitions.--In this section:
``(1) Regional innovation cluster.--The term `regional
innovation cluster' means a geographically bounded network of
similar, synergistic, or complementary entities that--
``(A) are engaged in or with a particular industry sector;
``(B) have active channels for business transactions and
communication;
``(C) share specialized infrastructure, labor markets, and
services; and
``(D) leverage the region's unique competitive strengths to
stimulate innovation and create jobs.
``(2) Science park.--The term `Science park' means a property-
based venture, which has--
``(A) master-planned property and buildings designed
primarily for private-public research and development
activities, high technology and science-based companies, and
research and development support services;
``(B) a contractual or operational relationship with one or
more science- or research-related institution of higher
education or governmental or non-profit research laboratories;
``(C) a primary mission to promote research and development
through industry partnerships, assisting in the growth of new
ventures and promoting innovation-driven economic development;
``(D) a role in facilitating the transfer of technology and
business skills between researchers and industry teams; and
``(E) a role in promoting technology-led economic
development for the community or region in which the science
park is located.A science park may be owned by a governmental
or not-for-profit entity, but it may enter into partnerships or
joint ventures with for-profit entities for development or
management of specific components of the park.
``(3) State.--The term `State' means one of the several States,
the District of Columbia, the Commonwealth of Puerto Rico, the
Virgin Islands, Guam, American Samoa, the Commonwealth of the
Northern Mariana Islands, or any other territory or possession of
the United States.
``(i) Authorization of Appropriations.--Except as provided in
subsection (d)(8), there are authorized to be appropriated $100,000,000
for each of fiscal years 2011 through 2013 to carry out this section
(other than for loan guarantees under subsection (d)).''.

44e8059245f033149052fd4b1bf2a1adda271fce7cc42d5b301c6c92e6e29bfe

UNITED STATES AND DEVELOPMENT OF NATIONAL ECONOMIC
COMPETITIVENESS STRATEGY.
(a) Study.--
(1) In general.--Not later than 1 year after the date of the
enactment of this Act, the Secretary of Commerce shall complete a
comprehensive study of the economic competitiveness and innovative
capacity of the United States.
(2) Matters covered.--The study required by paragraph (1) shall
include the following:
(A) An analysis of the United States economy and innovation
infrastructure.
(B) An assessment of the following:
(i) The current competitive and innovation performance
of the United States economy relative to other countries
that compete economically with the United States.
(ii) Economic competitiveness and domestic innovation
in the current business climate, including tax and Federal
regulatory policy.
(iii) The business climate of the United States and
those of other countries that compete economically with the
United States.
(iv) Regional issues that influence the economic
competitiveness and innovation capacity of the United
States, including--
(I) the roles of State and local governments and
institutions of higher education; and
(II) regional factors that contribute positively to
innovation.
(v) The effectiveness of the Federal Government in
supporting and promoting economic competitiveness and
innovation, including any duplicative efforts of, or gaps
in coverage between, Federal agencies and departments.
(vi) Barriers to competitiveness in newly emerging
business or technology sectors, factors influencing
underperforming economic sectors, unique issues facing
small and medium enterprises, and barriers to the
development and evolution of start-ups, firms, and
industries.
(vii) The effects of domestic and international trade
policy on the competitiveness of the United States and the
United States economy.
(viii) United States export promotion and export
finance programs relative to export promotion and export
finance programs of other countries that compete
economically with the United States, including Canada,
France, Germany, Italy, Japan, Korea, and the United
Kingdom, with noting of export promotion and export finance
programs carried out by such countries that are not
analogous to any programs carried out by the United States.
(ix) The effectiveness of current policies and programs
affecting exports, including an assessment of Federal trade
restrictions and State and Federal export promotion
activities.
(x) The effectiveness of the Federal Government and
Federally funded research and development centers in
supporting and promoting technology commercialization and
technology transfer.
(xi) Domestic and international intellectual property
policies and practices.
(xii) Manufacturing capacity, logistics, and supply
chain dynamics of major export sectors, including access to
a skilled workforce, physical infrastructure, and broadband
network infrastructure.
(xiii) Federal and State policies relating to science,
technology, and education and other relevant Federal and
State policies designed to promote commercial innovation,
including immigration policies.
(C) Development of recommendations on the following:
(i) How the United States should invest in human
capital.
(ii) How the United States should facilitate
entrepreneurship and innovation.
(iii) How best to develop opportunities for locally and
regionally driven innovation by providing Federal support.
(iv) How best to strengthen the economic infrastructure
and industrial base of the United States.
(v) How to improve the international competitiveness of
the United States.
(3) Consultation.--
(A) In general.--The study required by paragraph (1) shall
be conducted in consultation with the National Economic Council
of the Office of Policy Development, such Federal agencies as
the Secretary considers appropriate, and the Innovation
Advisory Board established under subparagraph (B). The
Secretary shall also establish a process for obtaining comments
from the public.
(B) Innovation advisory board.--
(i) In general.--The Secretary shall establish an
Innovation Advisory Board for purposes of obtaining advice
with respect to the conduct of the study required by
paragraph (1).
(ii) Composition.--The Advisory Board established under
clause (i) shall be comprised of 15 members, appointed by
the Secretary--
(I) who shall represent all major industry sectors;
(II) a majority of whom should be from private
industry, including large and small firms, representing
advanced technology sectors and more traditional
sectors that use technology; and
(III) who may include economic or innovation policy
experts, State and local government officials active in
technology-based economic development, and
representatives from higher education.
(iii) Exemption from faca.--The Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the
advisory board established under clause (i).
(b) Strategy.--
(1) In general.--Not later than 1 year after the completion of
the study required by subsection (a), the Secretary shall develop,
based on the study required by subsection (a)(1), a national 10-
year strategy to strengthen the innovative and competitive capacity
of the Federal Government, State and local governments, United
States institutions of higher education, and the private sector of
the United States.
(2) Elements.--The strategy required by paragraph (1) shall
include the following:
(A) Actions to be taken by individual Federal agencies and
departments to improve competitiveness.
(B) Proposed legislative actions for consideration by
Congress.
(C) Annual goals and milestones for the 10-year period of
the strategy.
(D) A plan for monitoring the progress of the Federal
Government with respect to improving conditions for innovation
and the competitiveness of the United States.
(c) Report.--
(1) In general.--Upon the completion of the strategy required
by subsection (b), the Secretary of Commerce shall submit to
Congress and the President a report on the study conducted under
subsection (a) and the strategy developed under subsection (b).
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) The findings of the Secretary with respect to the study
conducted under subsection (a).
(B) The strategy required by subsection (b).

835f9981707ecad2b23b23720abf3d8b284515f4cef56deb0bfe170d241b6dbb

BY SMALL- AND MEDIUM-SIZED MANUFACTURERS.
(a) Findings.--Congress finds that--
(1) the utilization of high-end computing simulation and
modeling by large-scale government contractors and Federal research
entities has resulted in substantial improvements in the
development of advanced manufacturing technologies; and
(2) such simulation and modeling would also benefit small- and
medium-sized manufacturers in the United States if such
manufacturers were to deploy such simulation and modeling
throughout their manufacturing chains.
(b) Policy.--It is the policy of the United States to take all
effective measures practicable to ensure that Federal programs and
policies encourage and contribute to the use of high-end computing
simulation and modeling in the United States manufacturing sector.
(c) Study.--
(1) In general.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of Commerce, in consultation
with the Secretary of Energy and the Director of the Office of
Science and Technology Policy, shall carry out, through an
interagency consulting process, a study of the barriers to the use
of high-end computing simulation and modeling by small- and medium-
sized manufacturers in the United States.
(2) Factors.--In carrying out the study required by paragraph
(1), the Secretary of Commerce, in consultation with the Secretary
of Energy and the Director of the Office of Science and Technology
Policy, shall consider the following:
(A) The access of small- and medium-sized manufacturers in
the United States to high-performance computing facilities and
resources.
(B) The availability of software and other applications
tailored to meet the needs of such manufacturers.
(C) Whether such manufacturers employ or have access to
individuals with appropriate expertise for the use of such
facilities and resources.
(D) Whether such manufacturers have access to training to
develop such expertise.
(E) The availability of tools and other methods to such
manufacturers to understand and manage the costs and risks
associated with transitioning to the use of such facilities and
resources.
(3) Report.--Not later than 270 days after the commencement of
the study required by paragraph (1), the Secretary of Commerce
shall, in consultation with the Secretary of Energy and the
Director of the Office of Science and Technology Policy, submit to
Congress a report on such study. Such report shall include such
recommendations for such legislative or administrative action as
the Secretary of Commerce considers appropriate in light of the
study to increase the utilization of high-end computing simulation
and modeling by small- and medium-sized manufacturers in the United
States.
(d) Authorization of Demonstration and Pilot Programs.--As part of
the study required by subsection (c)(1), the Secretary of Commerce, the
Secretary of Energy, and the Director of the Office of Science and
Technology Policy may carry out such demonstration or pilot programs as
either Secretary or the Director considers appropriate to gather
experiential data to evaluate the feasibility and advisability of a
specific program or policy initiative to reduce barriers to the
utilization of high-end computer modeling and simulation by small- and
medium-sized manufacturers in the United States.

0c940c14f811e876a0c17f5f628e7e4bf56843bb88fca1c5dc36cc2daea98ca2

This title may be cited as the ``NIST Grants for Energy Efficiency,
New Job Opportunities, and Business Solutions Act of 2010'' or the
``NIST GREEN JOBS Act of 2010''.

7a264fc9d2b315d022c7a225fb90923c70758aee9bc9dd4e13baaf925c6b2448

Congress finds the following:
(1) Over its 20-year existence, the Hollings Manufacturing
Extension Partnership has proven its value to manufacturers as
demonstrated by the resulting impact on jobs and the economies of
all 50 States and the Nation as a whole.
(2) The Hollings Manufacturing Extension Partnership has helped
thousands of companies reinvest in themselves through process
improvement and business growth initiatives leading to more sales,
new markets, and the adoption of technology to deliver new products
and services.
(3) Manufacturing is an increasingly important part of the
construction sector as the industry moves to the use of more
components and factory built sub-assemblies.
(4) Construction practices must become more efficient and
precise if the United States is to construct and renovate its
building stock to reduce related carbon emissions to levels that
are consistent with combating global warming.
(5) Many companies involved in construction are small, without
access to innovative manufacturing techniques, and could benefit
from the type of training and business analysis activities that the
Hollings Manufacturing Extension Partnership routinely provides to
the Nation's manufacturers and their supply chains.
(6) Broadening the competitiveness grant program under section
25(f) of the National Institute of Standards and Technology Act (15
U.S.C. 278k(f)) could help develop and diffuse knowledge necessary
to capture a large portion of the estimated $100 billion or more in
energy savings if buildings in the United States met the level and
quality of energy efficiency now found in buildings in certain
other countries.
(7) It is therefore in the national interest to expand the
capabilities of the Hollings Manufacturing Extension Partnership to
be supportive of the construction and green energy industries.

884e0db6744900b2aafea832baa8bc73bf24e18d4945b727571df324f9c5c26e

GRANT PROGRAM.
(a) In General.--Section 25(f)(3) of the National Institute of
Standards and Technology Act (15 U.S.C. 278k(f)(3)) is amended--
(1) by striking ``to develop'' in the first sentence and
inserting ``to add capabilities to the MEP program, including the
development of''; and
(2) by striking the last sentence and inserting ``Centers may
be reimbursed for costs incurred under the program. These themes--
``(A) shall be related to projects designed to increase the
viability both of traditional manufacturing sectors and other
sectors, such as construction, that increasingly rely on
manufacturing through the use of manufactured components and
manufacturing techniques, including supply chain integration
and quality management;
``(B) shall be related to projects related to the transfer
of technology based on the technological needs of manufacturers
and available technologies from institutions of higher
education, laboratories, and other technology producing
entities; and
``(C) may extend beyond these traditional areas to include
projects related to construction industry modernization.''.
(b) Selection.--Section 25(f)(5) of the National Institute of
Standards and Technology Act (15 U.S.C. 278k(f)(5)) is amended to read
as follows:
``(5) Selection.--
``(A) In general.--Awards under this section shall be peer
reviewed and competitively awarded. The Director shall endeavor
to select at least one proposal in each of the 9 statistical
divisions of the United States (as designated by the Bureau of
the Census). The Director shall select proposals to receive
awards that will--
``(i) create jobs or train newly hired employees;
``(ii) promote technology transfer and
commercialization of environmentally focused materials,
products, and processes;
``(iii) increase energy efficiency; and
``(iv) improve the competitiveness of industries in the
region in which the Center or Centers are located.
``(B) Additional selection criteria.--The Director may
select proposals to receive awards that will--
``(i) encourage greater cooperation and foster
partnerships in the region with similar Federal, State, and
locally funded programs to encourage energy efficiency and
building technology; and
``(ii) collect data and analyze the increasing connection
between manufactured products and manufacturing techniques, the
future of construction practices, and the emerging application
of products from the green energy industries.''.
(c) Other Modifications.--Section 25(f) of the National Institute
of Standards and Technology Act (15 U.S.C. 278k(f)) is amended--
(1) by adding at the end the following:
``(7) Duration.--Awards under this section shall last no longer
than 3 years.
``(8) Eligible participants.--In addition to manufacturing
firms eligible to participate in the Centers program, awards under
this subsection may be used by the Centers to assist small- or
medium-sized construction firms. Centers may be reimbursed under
the program for working with such eligible participants.
``(9) Authorization of appropriations.--In addition to any
amounts otherwise authorized or appropriated to carry out this
section, there are authorized to be appropriated to the Secretary
of Commerce $7,000,000 for each of the fiscal years 2011 through
2013 to carry out this subsection.''.

1b6477d49f4f4ee8d2c85424f1f48da8fb5c403921b9808f04b25574ce9b9a9a

Not later than May 31, 2013, the Comptroller General of the United
States shall submit a report to the Senate Committee on Commerce,
Science, and Transportation and the House of Representatives Committee
on Science and Technology that evaluates the status of the programs
authorized in this Act, including the extent to which such programs
have been funded, implemented, and are contributing to achieving the
goals of the Act.

7cd3912bc02dda168c4fb7d04293132bf292f0a2a5b29554e810c010756af978

TITLE VIII

-GENERAL PROVISIONS

(a) Obscene Matter on Federal Property.--None of the funds
authorized under this Act may be used to pay the salary of any
individual who is convicted of violating section 1460 of title 18,
United States Code.
(b) Use of Federal Computers for Child Pornography or Exploitation
of Minors.--None of the funds authorized under this Act may be used to
pay the salary of any individual who is convicted of a violation of
section 2252 of title 18, United States Code.

8b21428b768789cbccde2a50e536c8063f91f18165ca42d4c6de4338e0f4df5c

Title I of the Communications Act of 1934 (47 U.S.C. 151 et seq.)
is amended by adding at the end the following:
``SEC. 12. ADDITIONAL RESEARCH AUTHORITIES OF THE FCC.
``In order to carry out the purposes of this Act, the Commission
may--
``(1) undertake research and development work in connection
with any matter in relation to which the Commission has
jurisdiction; and
``(2) promote the carrying out of such research and development
by others, or otherwise to arrange for such research and
development to be carried out by others.''.

457484043615c4cb2f63fadf5aae9b932e539b43eed05e5d20610b8a59ff8f8b

(a) In General.--Sections 3171, 3175, and 3191 of the Department of
Energy Science Education Enhancement Act (42 U.S.C. 7381h, 7381j,
7381p) are repealed.
(b) Authorization of Appropriations for Summer Institutes.--Section
3185(f) of the Department of Energy Science Education Enhancement Act
(42 U.S.C. 7381n(f)) is amended--
(1) in paragraph (2), by striking ``and'' at the end;
(2) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(4) $25,000,000 for each of fiscal years 2011 through
2013.''.
(c) Conforming Amendments.--
(1) Subpart B of the Department of Energy Science Education
Enhancement Act (42 U.S.C. 7381g et seq.) is amended by striking
chapters 1, 2, and 5 (42 U.S.C. 7381h, 7381j, 7381p).
(2) Section 3195 of the Department of Energy Science Education
Enhancement Act (42 U.S.C. 7381r) is amended by striking ``chapters
1, 3, and 4'' each place it appears and inserting ``chapters 3 and
4''.

d634b83a16a061ce775d32eccbd0a8dab7e5dd53d0fd4b5961a4a78b7a120d70

TITLE IX

-DEPARTMENT OF ENERGY

(a) Nuclear Science Talent Program.--Section 5004(f) of the America
COMPETES Act (42 U.S.C. 16532(f)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (B), by striking ``and'' at the end;
(B) in subparagraph (C), by striking the period at the end
and inserting a semicolon; and
(C) by adding at the end the following:
``(D) $9,800,000 for fiscal year 2011;
``(E) $10,100,000 for fiscal year 2012; and
``(F) $10,400,000 for fiscal year 2013.''; and
(2) in paragraph (2)--
(A) in subparagraph (B), by striking ``and'' at the end;
(B) in subparagraph (C), by striking the period at the end
and inserting a semicolon; and
(C) by adding at the end the following:
``(D) $8,240,000 for fiscal year 2011;
``(E) $8,500,000 for fiscal year 2012; and
``(F) $8,750,000 for fiscal year 2013.''.
(b) Hydrocarbon Systems Science Talent Program.--Section 5005 of
the America COMPETES Act (42 U.S.C. 16533) is amended--
(1) in subsection (b)(2)--
(A) in subparagraph (H), by striking ``and'' at the end;
(B) in subparagraph (I), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following:
``(J) hydrocarbon spill response and remediation.''; and
(2) in subsection (f)(1)--
(A) in subparagraph (B), by striking ``and'';
(B) in subparagraph (C), by striking the period at the end
and inserting a semicolon; and
(C) by adding at the end the following:
``(D) $9,800,000 for fiscal year 2011;
``(E) $10,000,000 for fiscal year 2012; and
``(F) $10,400,000 for fiscal year 2013.''.
(c) Early Career Awards.--Section 5006(h) of the America COMPETES
Act (42 U.S.C. 16534(h)) is amended by striking ``2010'' and inserting
``2013''.
(d) Protecting America's Competitive Edge (PACE) Graduate
Fellowship Program.--Section 5009(f) of the America COMPETES Act (42
U.S.C. 16536(f)) is amended--
(1) in paragraph (2), by striking ``and'' at the end;
(2) in paragraph (3), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following:
``(4) $20,600,000 for fiscal year 2011;
``(5) $21,200,000 for fiscal year 2012; and
``(6) $21,900,000 for fiscal year 2013.''.
(e) Distinguished Scientist Program.--Section 5011(j) of the
America COMPETES Act (42 U.S.C. 16537(j)) is amended--
(1) in paragraph (2), by striking ``and'' at the end;
(2) in paragraph (3), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following:
``(4) $31,000,000 for fiscal year 2011;
``(5) $32,000,000 for fiscal year 2012; and
``(6) $33,000,000 for fiscal year 2013.''.

bd46c4ffbf2069596dc3633b9bd9638134c0ec3834142ca5a1ba2c4fcc2ce5da

Section 971(b) of the Energy Policy Act of 2005 (42 U.S.C.
16311(b)) is amended--
(1) in paragraph (3), by striking ``and'' at the end;
(2) in paragraph (4), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following:
``(5) $5,247,000,000 for fiscal year 2011;
``(6) $5,614,000,000 for fiscal year 2012; and
``(7) $6,007,000,000 for fiscal year 2013.''.

537361f2f8611d8d4be5c096b96922cc2028b65e2b6553762936c41d05c0a960

Section 5012 of the America COMPETES Act (42 U.S.C. 16538) is
amended--
(1) in subsection (a)(3), by striking ``subsection (m)(1)'' and
inserting ``subsection (n)(1)'';
(2) in subsection (c)(2)(A), by inserting ``and applied'' after
``advances in fundamental'';
(3) in subsection (e)--
(A) in paragraph (3)--
(i) by striking subparagraph (C) and inserting the
following:
``(C) research and development of advanced manufacturing
process and technologies for the domestic manufacturing of
novel energy technologies; and''; and
(ii) in subparagraph (D), by striking ``and'' after the
semicolon at the end;
(B) in paragraph (4), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(5) pursuant to subsection (c)(2)(C)--
``(A) ensuring that applications for funding disclose the
extent of current and prior efforts, including monetary
investments as appropriate, in pursuit of the technology area
for which funding is being requested;
``(B) adopting measures to ensure that, in making awards,
program managers adhere to the purposes of subsection
(c)(2)(C); and
``(C) providing as part of the annual report required by
subsection (h)(1) a summary of the instances of and reasons for
ARPA-E funding projects in technology areas already being
undertaken by industry.'';
(4) by redesignating subsections (f) through (m) as subsections
(g) through (n), respectively;
(5) by inserting after subsection (e) the following:
``(f) Awards.--In carrying out this section, the Director may
provide awards in the form of grants, contracts, cooperative
agreements, cash prizes, and other transactions.'';
(6) in subsection (g) (as redesignated by paragraph (4))--
(A) by redesignating paragraphs (1) and (2) as paragraphs
(2) and (3), respectively;
(B) by inserting before paragraph (2) (as redesignated by
subparagraph (A)) the following:
``(1) In general.--The Director shall establish and maintain
within ARPA-E a staff with sufficient qualifications and expertise
to enable ARPA-E to carry out the responsibilities of ARPA-E under
this section in conjunction with other operations of the
Department.'';
(C) in paragraph (2) (as redesignated by subparagraph
(A))--
(i) in the paragraph heading, by striking ``Program
managers'' and inserting ``Program directors'';
(ii) in subparagraph (A), by striking ``program
managers for each of'' and inserting ``program directors
for'';
(iii) in subparagraph (B)--
(I) in the matter preceding clause (i), by striking
``program manager'' and inserting ``program director'';
(II) in clause (iv), by striking ``, with advice
under subsection (j) as appropriate,'';
(III) by redesignating clauses (v) and (vi) as
clauses (vi) and (viii), respectively;
(IV) by inserting after clause (iv) the following:
``(v) identifying innovative cost-sharing arrangements
for ARPA-E projects, including through use of the authority
provided under section 988(b)(3) of the Energy Policy Act
of 2005 (42 U.S.C. 16352(b)(3));'';
(V) in clause (vi) (as redesignated by subclause
(III)), by striking ``; and'' and inserting a
semicolon; and
(VI) by inserting after clause (vi) (as
redesignated by subclause (III)) the following:
``(vii) identifying mechanisms for commercial
application of successful energy technology development
projects, including through establishment of partnerships
between awardees and commercial entities; and'';
(iv) in subparagraph (C), by inserting ``not more
than'' after ``shall be''; and
(D) in paragraph (3) (as redesignated by subparagraph
(A))--
(i) in subparagraph (A)--
(I) in clause (i), by striking ``and'' after the
semicolon at the end; and
(II) by striking clause (ii) and inserting the
following:
``(ii) fix the basic pay of such personnel at a rate to
be determined by the Director at rates not in excess of
Level II of the Executive Schedule (EX-II) without regard
to the civil service laws; and
``(iii) pay any employee appointed under this subpart
payments in addition to basic pay, except that the total
amount of additional payments paid to an employee under
this subpart for any 12-month period shall not exceed the
least of the following amounts:
``(I) $25,000.
``(II) The amount equal to 25 percent of the annual
rate of basic pay of the employee.
``(III) The amount of the limitation that is
applicable for a calendar year under section 5307(a)(1)
of title 5, United States Code.'';
(ii) in subparagraph (B), by striking ``not less than
70, and not more than 120,'' and inserting ``not more than
120'';
(7) in subsection (h)(2) (as redesignated by paragraph (4))--
(A) by striking ``2008'' and inserting ``2010''; and
(B) by striking ``2011'' and inserting''2013'';
(8) by striking subsection (j) (as redesignated by paragraph
(4)) and inserting the following:
``(j) Federal Demonstration of Technologies.--The Director shall
seek opportunities to partner with purchasing and procurement programs
of Federal agencies to demonstrate energy technologies resulting from
activities funded through ARPA-E.'';
(9) in subsection (l) (as redesignated by paragraph (4))--
(A) in paragraph (1), by striking ``4 years'' and
inserting'' 6 years''; and
(B) in paragraph (2)(B), by inserting ``, and the manner in
which those lessons may apply to the operation of other
programs of the Department'' after ``ARPA-E''; and
(10) in subsection (n) (as redesignated by paragraph (4))--
(A) in paragraph (2)--
(i) in subparagraph (A), by striking ``and'' after the
semicolon at the end;
(ii) in subparagraph (B), by striking the period at the
end and inserting a semicolon; and
(iii) by adding at the end the following:
``(C) $300,000,000 for fiscal year 2011;
``(D) $306,000,000 for fiscal year 2012; and
``(E) $312,000,000 for fiscal year 2013.'';
(B) by striking paragraph (4);
(C) by redesignating paragraph (5) as paragraph (4); and
(D) in paragraph (4)(B) (as redesignated by subparagraph
(C))--
(i) by striking ``2.5 percent'' and inserting ``5
percent''; and
(ii) by inserting ``, consistent with the goal
described in subsection (c)(2)(D) and within the
responsibilities of program directors described in
subsection (g)(2)(B)(vii)'' after ``outreach activities''.

8ec06bb6a5c27a258b942d8bd1ee8e7283d9dc705baf0223d47df653774b6e2b

Except as otherwise expressly provided, wherever in this title an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to a section or other provision of the America COMPETES Act
(Public Law 110-69).

e663634d8175876fe4817a18fc391ca5dd86063f6bbc28917cf5e7a7aaee5d14

(a) Repeals.--The following provisions of the Act are repealed:
(1) Section 6001 (20 U.S.C. 9801).
(2) Part III of subtitle A of title VI (20 U.S.C. 9841).
(3) Subtitle B of title VI (20 U.S.C. 9851 et seq.)
(4) Subtitle C of title VI (20 U.S.C. 9861 et seq.).
(5) Subtitle E of title VI (20 U.S.C. 9881 et seq.).
(b) Conforming Amendments.--The Act is amended--
(1) by redesignating section 6002 (20 U.S.C. 9802) as section
6001;
(2) by redesignating subtitle D of title VI (20 U.S.C. 9871) as
subtitle B of title VI; and
(3) by redesignating section 6401 (20 U.S.C. 9871) as section
6201.

c2dcf12240a4591f1082a7830b3598a6c3534951c71d8cec123993665537eb0c

(a) Teachers for a Competitive Tomorrow.--Section 6116 (20 U.S.C.
9816) is amended to read as follows:
``SEC. 6116. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this part
$4,000,000 for each of fiscal years 2011 through 2013, of which--
``(1) $2,000,000 shall be available to carry out section 6113
for each of fiscal years 2011 through 2013; and
``(2) $2,000,000 shall be available to carry out section 6114
for each of fiscal years 2011 through 2013.''.
(b) Advanced Placement and International Baccalaureate Programs and
Matching Requirement.--Section 6123 (20 U.S.C. 9833) is amended--
(1) in subsection (h)(1)--
(A) by striking ``100'' and inserting ``50''; and
(B) by striking ``200'' and inserting ``100''; and
(2) by striking subsection (l) and inserting the following:
``(l) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $75,000,000 for each of fiscal
years 2011 through 2013.''.
(c) Alignment of Education Programs.--Section 6201(j), as
redesignated by section 1002(b)(3), is amended to read as follows:
``(j) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $120,000,000 for each of fiscal
years 2011 and 2012.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

c08318d033458bcb9aef58b1ccb930f192f360b03db289aa24002e83543341af

National Science Foundation Authorization Act of 2010 — HR. 5116

Other Sections