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[Senate Report 114-389]
[From the U.S. Government Publishing Office]

                                                      Calendar No. 695

114th Congress            }                  {                Report
                                SENATE                          
  2d Session              }                  {                 114-389      
_______________________________________________________________________

                                     

                                                       

              AMERICAN INNOVATION AND COMPETITIVENESS ACT

                               __________

                              R E P O R T

                                 of the

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                   on

                                S. 3084
                                
                                
                                
                                
                                
                                
                                

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                December 1, 2016.--Ordered to be printed
                                  ______
                                  
		       U.S. GOVERNMENT PUBLISHING OFFICE 
		
69-010                         WASHINGTON : 2016 

                
       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
                    one hundred fourteenth congress
                             second session

                   JOHN THUNE, South Dakota, Chairman
 ROGER F. WICKER, Mississippi         BILL NELSON, Florida
 ROY BLUNT, Missouri                  MARIA CANTWELL, Washington
 MARCO RUBIO, Florida                 CLAIRE McCASKILL, Missouri
 KELLY AYOTTE, New Hampshire          AMY KLOBUCHAR, Minnesota
 TED CRUZ, Texas                      RICHARD BLUMENTHAL, Connecticut
 DEB FISCHER, Nebraska                BRIAN SCHATZ, Hawaii
 JERRY MORAN, Kansas                  ED MARKEY, Massachusetts
 DAN SULLIVAN, Alaska                 CORY BOOKER, New Jersey
 RON JOHNSON, Wisconsin               TOM UDALL, New Mexico
 DEAN HELLER, Nevada                  JOE MANCHIN, West Virginia
 CORY GARDNER, Colorado               GARY PETERS, Michigan
 STEVE DAINES, Montana
                       Nick Rossi, Staff Director
                 Adrian Arnakis, Deputy Staff Director
                    Jason Van Beek, General Counsel
                 Kim Lipsky, Democratic Staff Director
           Christopher Day, Democratic Deputy Staff Director
                 Clint Odom, Democratic General Counsel



 
 
 
 
                                                     Calendar No. 695

114th Congress            }                  {                Report
                                SENATE                          
  2d Session              }                  {                 114-389      

======================================================================

 
              AMERICAN INNOVATION AND COMPETITIVENESS ACT

                                _______
                                

                December 1, 2016.--Ordered to be printed

                                _______
                                

Mr. Thune, from the Committee on Commerce, Science, and Transportation, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 3084]

    The Committee on Commerce, Science, and Transportation, to 
which was referred the bill (S. 3084) to invest in innovation 
through research and development, and to improve the 
competitiveness of the United States, having considered the 
same, reports favorably thereon with an amendment (in the 
nature of a substitute) and recommends that the bill (as 
amended) do pass.

                          Purpose of the Bill

    The purpose of S. 3084 is to maximize the impact of basic 
research by reducing administrative burdens for researchers, 
advancing public-private partnerships, and enhancing agency 
oversight, and to promote science, technology, engineering, and 
math (STEM) education and increase research commercialization.

                          Background and Needs

    The United States is by far the largest investor in public 
and private research and development (R&D) among individual 
countries. Among individual countries in 2013, the United 
States was by far the largest investor in public and private 
R&D with $457 billion in purchasing power parity (27 percent of 
the global total), followed closely by China with $337 billion 
(20 percent), and Japan with $160 billion (10 percent).\1\ Of 
that U.S. total, 61 percent was funded by the business 
sector.\2\
---------------------------------------------------------------------------
    \1\National Science Board (NSB), NSB-2016-1, Science and 
Engineering Indicators 2016 at O-16, January 2016, at http://
www.nsf.gov/statistics/2016/nsb20161/#/report/overview/science-and-
technology-in-the-world-economy.
    \2\Ibid at O-18.
---------------------------------------------------------------------------
    Federal research activities represented 47 percent of the 
$130 billion in total government-funded R&D in 2014, while 
development represented 53 percent.\3\ Of that Federal research 
total, basic and applied research each comprised 50 percent in 
2014.\4\ Specifically, National Science Foundation (NSF) 
research represented 8.6 percent of all Federal research, while 
the NSF's basic research total represented 15 percent of all 
Federal basic research.\5\ U.S. businesses by far outpaced 
government investments in R&D, spending $323 billion on 
domestic R&D in 2013, 82 percent of which was paid for from 
companies' own funds.\6\
---------------------------------------------------------------------------
    \3\National Science Foundation, National Center for Science and 
Engineering Studies, NSF-16-311, Federal Funding for Research Increases 
by 6% in FY2014 at 1, April 2016, at http://www.nsf.gov/statistics/
2016/nsf16311/nsf16311.pdf.
    \4\Ibid.
    \5\Ibid at 2.
    \6\National Science Foundation, National Center for Science and 
Engineering Studies, NSF-15-329, Business R D Performance in the United 
States Increases over 6% in 2013 at 1, August 2015, at http://
www.nsf.gov/statistics/2015/nsf15329/nsf15329.pdf.
---------------------------------------------------------------------------
    Despite growth in nominal measures of U.S. R&D, the U.S. 
share of global R&D, however, has experienced a substantial 
decline in recent years. Increases in Chinese R&D expenditures 
between 2001 and 2013 cut into the U.S. share. As China's share 
rose from 2.2 percent to 20 percent, the U.S. share declined 
from 37 percent to 27 percent of the global total during the 
same period.\7\ So even with rising total R&D expenditures in 
the United States, increases in foreign countries' R&D efforts 
underscore the need to maximize investments to boost U.S. 
competitiveness.
---------------------------------------------------------------------------
    \7\National Science Board, NSB-2014-01, Science and Engineering 
Indicators 2014 at O-5, January 2014, at https://www.nsf.gov/
statistics/seind14/content/etc/nsb1401.pdf.
---------------------------------------------------------------------------
    Beyond the overall investment figures, key policy issues 
and challenges present barriers to capitalizing on R&D 
expenditures. For instance, some observers have described a 
``valley of death'' between basic research conducted at U.S. 
universities and the commercialization activities typically 
carried out by industry, since universities generally do not 
have the means of production necessary to take the results of 
initial research and generate marketable products. Many have 
argued that closer cooperation among industry, government, and 
academia could increase technology transfer, stimulate 
innovation, lead to new products and processes, and expand 
markets.\8\
---------------------------------------------------------------------------
    \8\Congressional Research Service Report, RL32076,  The Bayh-Dole 
Act: Selected Issues in Patent Policy and the Commercialization of 
Technology, at 13, December 2012.
---------------------------------------------------------------------------
    In the area of STEM education, recent surveys and studies 
have shown that U.S. students are lagging behind students in 
other countries and not keeping pace with domestic industry 
demand in professional STEM fields. In 2015, only 38 percent of 
high school graduates were prepared for college coursework in 
science and only 42 percent were ready for college-level 
math.\9\ In 2012, the United States ranked 21st in science and 
26th in math scores among 34 other countries.\10\
---------------------------------------------------------------------------
    \9\ACT, The Condition of College Career Readiness 2015, at http://
www.act.org/content/dam/act/unsecured/documents/Condition-of-College-
and-Career-Readiness-Report-2015-United-States.pdf.
    \10\Organisation for Economic Co-operation and Development, 
Programme for International Student Assessment 2012, at http://
www.oecd.org/pisa/keyfindings/PISA-2012-results-US.pdf.
---------------------------------------------------------------------------
    Yet the need for U.S. workers with STEM skills is 
heightened in today's global economy, and is projected to 
increase in the future. Overall, employment in STEM fields is 
projected to grow about 13 percent between 2012 and 2022, 
compared to the 11 percent rate of growth projected for all 
occupations over the decade.\11\ Certain U.S. business sectors 
are particularly in need of an increased supply of qualified 
STEM workers: more than 200,000 job openings for software 
developers and applications are projected between 2012 and 
2022,\12\ and private sector STEM worker shortages currently 
exist in software development, as well as mobile application, 
data science, and manufacturing production.\13\
---------------------------------------------------------------------------
    \11\Bureau of Labor Statistics, Occupational Outlook Quarterly, 
STEM 101: Intro to Tomorrow's Jobs, at 6, 2014, at http://www.bls.gov/
careeroutlook/2014/spring/art01.pdf.
    \12\Ibid.
    \13\Bureau of Labor Statistics, Monthly Labor Review, STEM Crisis 
or STEM Surplus? Yes and Yes, May 2015, at http://www.bls.gov/opub/mlr/
2015/article/stem-crisis-or-stem-surplus-yes-and-yes.htm#_edn8.
---------------------------------------------------------------------------
    Given the substantial role R&D plays in the United States 
and global economy, Chairman Thune and Ranking Member Nelson 
established an Innovation and Competitiveness Working Group 
(Working Group) of the Committee, led by Senators Gardner and 
Peters, to develop and update Federal science and technology 
R&D and STEM education policies last authorized in the America 
COMPETES Reauthorization Act of 2010 (Public Law 111-358; 124 
Stat. 3982). The Working Group was tasked with developing 
bipartisan, consensus policy solutions that, even in times of 
modest growth in funding, could maximize the Federal investment 
in basic research, foster commercialization and tech transfer, 
and broaden participation in STEM fields. The Working Group 
convened a series of bipartisan roundtables to gather input 
from the U.S. science and research community. Members of the 
public and interested groups submitted input on the topics via 
email, and the Committee received over 250 emailed submissions.
    Common themes that arose from the roundtables and during 
development of the legislation included: support for continued 
investment by the Federal Government in basic research, as well 
as encouragement of wider participation in STEM subjects; 
stronger partnerships among government, the private sector, and 
academia that can better leverage discoveries emerging from 
research universities to drive innovation; and minimized 
barriers and improved incentives for universities and the 
private sector to better maximize the scientific and economic 
return on limited Federal research resources. S. 3084 draws on 
the input received, related bills, and policy recommendations 
made by entities such as the American Academy of Arts and 
Sciences, the Information Technology and Innovation Foundation, 
and the National Academy of Sciences.

                         Summary of Provisions

    As amended, the bill would authorize appropriations for 
fiscal years (FYs) 2017 and 2018 for the NSF and the National 
Institute of Standards and Technology (NIST).
    The bill would codify the NSF's efforts to improve 
transparency and accountability of its grants, and would update 
the NSF's Experimental Program to Stimulate Competitive 
Research (EPSCoR). The bill also would direct NIST to conduct 
cybersecurity research in certain areas, and update the 
interagency Networking and Information Technology Research and 
Development Program (NITRD Program). The bill also includes a 
number of sections implementing Committee oversight 
initiatives, including provisions which would direct the NSF to 
implement recommendations to improve oversight of its large 
scale research facilities construction, conflicts of interest 
policy, and management of its Antarctic research program. It 
would also direct NIST to implement recommendations to improve 
laboratory programs and campus security.
    The bill would establish an interagency working group led 
by the Office of Management and Budget (OMB) and Office of 
Science and Technology Policy (OSTP) to reduce administrative 
burdens on federally-funded researchers, and would require OMB 
and Federal agencies to update their policies to encourage 
engagement and dissemination of research by Federal researchers 
within the scientific community. The bill also would repeal a 
number of obsolete Federal agency reports and previous 
authorizations for programs and funding for programs that have 
not been implemented.
    The bill would update the NSF's Robert Noyce Teacher 
Scholarship Program and require the National Aeronautics and 
Space Administration (NASA) to cap administrative costs for its 
Space Grant program. The bill also includes sections that would 
establish a STEM Education advisory panel of outside experts to 
inform decision-making on Federal STEM Education programs, and 
update direction to the OSTP's existing Committee on STEM 
Education. The bill also would authorize and expand NSF grants 
to increase participation and expand STEM opportunities to 
women and under-represented groups, as well as to research 
computer science education, and would establish an NSF Center 
of Excellence and an OSTP interagency working group to promote 
inclusion in STEM fields.
    The bill also would update and improve existing authority 
for Federal agencies to conduct prize competitions, and would 
build on this authority to allow agencies to utilize 
crowdsourcing and citizen science approaches to facilitate the 
agencies' missions. The bill would update NIST's Hollings 
Manufacturing Extension Partnership (Hollings MEP) Program for 
small and medium-sized businesses by adjusting the Federal cost 
share requirement and requiring oversight improvements, and 
would update the Department of Commerce's Federal loan 
guarantee program for innovative technologies in manufacturing 
by implementing a Government Accountability Office (GAO) 
recommendation.
    The bill would authorize and expand the NSF's Innovation 
Corp program to promote entrepreneurship and innovation, and 
authorize NSF commercialization grants to promote the 
commercialization of federally-funded research results. The 
bill also includes a sense of Congress regarding optics and 
photonics research and technologies, and would update NIST's 
authority to enter into transactions with the private sector 
and NIST's advisory committee membership requirements.

                          Legislative History

    On June 22, 2016, S. 3084, the American Innovation and 
Competitiveness Act was introduced by Senators Gardner, Peters, 
Thune, and Nelson, and was referred to the Committee on 
Commerce, Science, and Transportation.
    The Committee held a related hearing entitled ``Leveraging 
the U.S. Science and Technology Enterprise'' on May 11, 2016, 
and received testimony from: Dr. Kelvin Droegemeier, Former 
Vice Chair, National Science Board and Vice President for 
Research, University of Oklahoma; Dr. Jeannette Wing, Corporate 
Vice President for Research, Microsoft and Member, Committee on 
New Models for U.S. Science and Technology Policy, American 
Academy of Arts and Sciences; Dr. Robert Atkinson, President, 
Information Technology and Innovation Foundation; and Dr. David 
Munson, Robert J. Vlasic Dean of Engineering, College of 
Engineering, University of Michigan. The hearing had been 
informed by three Working Group meetings in Washington D.C., in 
addition to several meetings held by Senators Gardner and 
Peters in their respective States.
    A related bill, H.R. 1806, the America COMPETES 
Reauthorization Act of 2015, passed in the House of 
Representatives on May 20, 2015, by a vote of 217-205. H.R. 
1806 was introduced by Representatives Smith (R-TX), Lucas (R-
OK), Comstock (R-VA), Weber (R-TX), Moolenaar (R-MI), Palazzo 
(R-MS), Hultgren (R-IL), Knight (R-CA), Babin (R-TX), and 
Loudermilk (R-GA) on April 15, 2015, and was reported out of 
the Committee on Science, Space and Technology of the House of 
Representatives on May 8, 2015.
    On June 29, 2016, the Committee on Commerce, Science, and 
Transportation of the Senate met in open Executive Session to 
consider S. 3084 and ordered, by voice vote, that the bill be 
reported favorably with an amendment (in the nature of a 
substitute).
    Senators Gardner and Peters filed a substitute amendment 
adding authorizations of appropriations for FY 2017 and FY 2018 
for the NSF and NIST to provide a 4 percent increase from FY 
2017 to FY 2018. The substitute amendment also makes other 
minor and technical changes to S. 3084.
    The following first degree amendments also were adopted by 
voice vote:
           Senators Blumenthal and Klobuchar sponsored 
        a first degree amendment, as modified, to improve the 
        competitiveness of U.S. manufacturing by designating 
        and supporting manufacturing communities.
           Senator Booker sponsored a first degree 
        amendment to update goals and metrics for the National 
        Oceanic and Atmospheric Administration's (NOAA) science 
        education programs.
           Senator Cantwell sponsored a first degree 
        amendment, as modified, to require the NSF to review 
        participation in NSF activities of underrepresented 
        groups in STEM disciplines, and to make recommendations 
        to improve outreach and inclusion of these groups.
           Senator Daines sponsored two first degree 
        amendments: one to provide opportunities for computer 
        science fellowships under the Robert Noyce Teacher 
        Scholarship Program and to provide grant opportunities 
        for mentoring programs in computer science; and 
        another, as modified, to require the NSF Inspector 
        General to audit the NSF's policies and procedures 
        governing pass-through entities with respect to grant 
        sub-recipients.
           Senator Klobuchar sponsored three first 
        degree amendments: to provide for an increased micro-
        purchase threshold for procurement solicitations by 
        research institutions; to require the NSF to give 
        consideration to recommendations from organizations 
        representing underrepresented groups in STEM fields 
        when selecting members of the STEM Education Advisory 
        Panel; and to allow for research to be conducted under 
        the NSF's Robert Noyce Teacher Scholarship Program to 
        better understand factors relevant to teacher retention 
        from underrepresented groups.
           Senator Markey sponsored a first degree 
        amendment to authorize the NSF to award competitive, 
        merit-reviewed grants to support a national partnership 
        of institutions involved in informal STEM learning.
           Senator Moran sponsored a first degree 
        amendment, as modified, to increase the authorization 
        of appropriations in FY 2017 and FY 2018 for the 
        Economic Development Administration's Regional 
        Innovation Program.
           Senator Schatz sponsored a first degree 
        amendment, as modified, to authorize the development of 
        a STEM apprenticeship grant program at the Department 
        of Commerce.
           Senator Wicker sponsored a first degree 
        amendment, as modified, to authorize the NSF to award 
        translational research grants for proof of concept and 
        prototype development in partnership with academia to 
        advance technologies.

                            Estimated Costs

    In accordance with paragraph 11(a) of rule XXVI of the 
Standing Rules of the Senate and section 403 of the 
Congressional Budget Act of 1974, the Committee provides the 
following cost estimate, prepared by the Congressional Budget 
Office:

S. 3084--American Innovation and Competitiveness Act

    Summary: S. 3084 would amend current law and authorize the 
appropriation of about $17.3 billion over the 2017-2018 period 
for the operations of the National Science Foundation (NSF) and 
the National Institute of Standards and Technology (NIST).
    Assuming appropriation of the specified and estimated 
amounts, CBO estimates that implementing the legislation would 
cost $16.4 billion over the 2017-2021 period and $0.9 billion 
after 2021.
    CBO also estimates that enacting S. 3084 would increase 
direct spending by $25 million over the 2017-2026 period 
because enacting the legislation would authorize NIST to enter 
into enhanced-use leasing arrangements. Because enacting the 
bill would increase direct spending, pay-as-you-go procedures 
apply. Enacting S. 3084 would not affect revenues.
    CBO estimates that enacting S. 3084 would not increase net 
direct spending or on-budget deficits by more than $5 billion 
in any of the four consecutive 10-year periods beginning in 
2027.
    S. 3084 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would impose no costs on state, local, or tribal 
governments.
    Estimated cost to the Federal Government: The estimated 
budgetary effects of S. 3084 are shown in the following table. 
The costs of this legislation fall within budget functions 250 
(general science, space, and technology), 300 (natural 
resources and environment), 370 (commerce and housing credit), 
and 800 (general government).

----------------------------------------------------------------------------------------------------------------
                                                                    By fiscal year, in millions of dollars--
                                                              --------------------------------------------------
                                                                2017    2018    2019    2020    2021   2017-2021
----------------------------------------------------------------------------------------------------------------
                                 INCREASES IN SPENDING SUBJECT TO APPROPRIATION
 
NSF Reauthorization:
    Authorization Level......................................   7,510   7,810       0       0       0    15,320
    Estimated Outlays........................................   1,532   4,612   4,777   2,401   1,087    14,409
NIST Reauthorization:
    Authorization Level......................................     974   1,013       0       0       0     1,987
    Estimated Outlays........................................     750     985     232      20       0     1,987
Other Provisions:
    Estimated Authorization Level............................       4       4       3       2       1        14
    Estimated Outlays........................................       4       4       3       2       1        14
    Total Spending Under S. 3084:
        Estimated Authorization Level........................   8,488   8,827       3       2       1    17,321
        Estimated Outlays....................................   2,286   5,601   5,012   2,423   1,088    16,410
 
                                          INCREASES IN DIRECT SPENDINGa
 
Estimated Budget Authority...................................       0       3       3       4       4        14
Estimated Outlays............................................       0       *       1       1       3         5
----------------------------------------------------------------------------------------------------------------
Notes: NSF = National Science Foundation; NIST = National Institute of Standards and Technology; * = less than
  $500,000.
aCBO estimates that direct spending would increase under S. 3084 by $25 million over the 2017-2026 period.

    Basis of estimate: For this estimate, CBO assumes S. 3084 
will be enacted near the end of calendar year 2016 and that the 
necessary amounts will be appropriated for each fiscal year. 
Estimated outlays are based on historical spending patterns for 
existing programs.

Spending subject to appropriation

    The bill would authorize specific amounts for 2017 and 2018 
for both the NSF and NIST. In addition, the bill would affect 
spending by other agencies.
    National Science Foundation Reauthorization. S. 3084 would 
authorize the appropriation of $7.5 billion in 2017 and $7.8 
billion in 2018 for the National Science Foundation to carry 
out current activities, expand grant programs, and update 
policies affecting project oversight, conflicts of interest, 
and transparency and accountability. In 2016, NSF programs 
received an appropriation of $7.5 billion. CBO estimates that 
this provision would cost $14.4 billion over the 2017-2021 
period and $0.9 billion after 2021.
    National Institute of Standards and Technology 
Reauthorization. S. 3084 would authorize the appropriation of 
$974 million in 2017 and $1.0 billion in 2018 to NIST for 
agency operations. The agency's appropriation for 2016 was $964 
million. CBO estimates that implementing S. 3084 would cost 
$750 million in 2017 and $2.0 billion over the 2017-2021 
period.
    Other Provisions. CBO estimates that implementing a variety 
of other provisions of S. 3084 would require other agencies 
including the Department of Commerce (DOC), the Office of 
Science and Technology Policy, and the Office of Management and 
Budget to modestly increase spending. Those provisions would 
require those agencies to provide additional reports to the 
Congress related to federal research; codify and expand the 
responsibilities of some interagency working groups; and 
require DOC to directly manage the law enforcement and security 
programs for NIST. Finally, the bill would require DOC to 
establish new programs to promote science, technology, 
engineering, and math (STEM) education, and to expand current 
grant programs to include awards to develop and expand STEM 
apprenticeships. Based on an analysis of information from the 
affected agencies, CBO estimates that implementing those 
provisions would cost $14 million over the 2017-2021 period.

Direct spending

    Under current law, NIST is authorized to lease real 
property from nonfederal entities. Section 403 would expand 
that authority by authorizing the agency to lease certain 
federally owned property to non-federal entities. Those 
expanded authorities would be similar to the enhanced-use 
leasing authorities used by other agencies, including the 
Departments of Defense and Veterans Affairs.
    CBO expects that NIST would use the expanded leasing 
authority in a manner similar to other agencies. Acting in the 
dual roles of lessor (of the land) and lessee (of facilities 
built on the land), those agencies have secured private 
financing to construct and renovate federal buildings and other 
infrastructure. Such leasing arrangements commit an agency to 
paying for the new facility or renovation of an existing 
facility at the time it enters into the leasing agreement even 
if the agency does not have an advance appropriation to cover 
the full costs of such a lease. Consequently, CBO believes that 
the full cost of such transactions should be recorded at the 
time an agency enters into such a leasing agreement.
    NIST currently owns sites in Maryland and Colorado that 
operate as the agency's main campuses, as well as two field 
sites. NIST currently has a backlog of $350 million in basic 
repairs at its facilities and reports that the facilities 
needing repairs are, on average, 58 years old. In recent years, 
the agency has undertaken building renovations and expansions 
on both of its campuses with costs ranging from approximately 
$25 million to $322 million. According to NIST, the agency has 
entered into one short-term lease agreement in recent years.
    Based on information from NIST about its plans to use the 
expanded leasing authority, CBO estimates that NIST would use 
that authority to finance facility upgrades valued at about $35 
million--roughly 10 percent of its current maintenance 
backlog--resulting in $25 million in spending over the 2017-
2026 period.
    Pay-As-You-Go considerations: The Statutory Pay-As-You-Go 
Act of 2010 establishes budget reporting and enforcement 
procedures for legislation affecting direct spending or 
revenues. The net changes in outlays that are subject to those 
pay-as-you-go procedures are shown in the following table.

CBO ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR S. 3084, AS ORDERED REPORTED BY THE SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION ON JUNE 29, 2016
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                       By fiscal year, in millions of dollars--
                                                             -------------------------------------------------------------------------------------------
                                                               2017   2018   2019   2020   2021   2022   2023   2024   2025   2026  2017-2021  2017-2026
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                               NET INCREASE IN THE DEFICIT
 
Statutory Pay-As-You-Go Impact..............................      0      0      1      1      3      3      4      4      4      5         5         25
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Increase in long-term direct spending and deficits: CBO 
estimates that enacting S. 3084 would not increase net direct 
spending or on-budget deficits by more than $5 billion in any 
of the four consecutive 10-year periods beginning in 2027.
    Intergovernmental and private-sector impact: S. 3084 
contains no intergovernmental or private-sector mandates as 
defined in UMRA. The bill would benefit state and local 
governments, public universities, and research and 
manufacturing centers by authorizing financial and technical 
assistance in STEM-related fields for those entities. Any costs 
incurred by those entities, including cost-sharing 
contributions, would be incurred voluntarily.
    Previous CBO estimate: On September 16, 2016, CBO 
transmitted a cost estimate for H.R. 5636, the National 
Institute of Standards and Technology Campus Security Act, as 
passed by the House of Representatives on July 11, 2016. A 
provision in S. 3084 is similar to H.R. 5636 and CBO's estimate 
of the budgetary effects of each is the same.
    Estimate prepared by: Federal costs: Tiffany Arthur (NSF), 
Stephen Rabent (NIST and DOC), Matthew Pickford (Office of 
Science and Technology Policy); Impact on state, local, and 
tribal governments: Jon Sperl; Impact on the private sector: 
Paige Piper-Bach.
    Estimate approved by: H. Samuel Papenfuss, Deputy Assistant 
Director for Budget Analysis.

                           Regulatory Impact

    In accordance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee provides the 
following evaluation of the regulatory impact of the 
legislation, as reported:

                       number of persons covered

    The bill would cover institutions of higher education, 
principal investigators, and other research grant recipients 
that are already subject to the policies and procedures of the 
NSF, NIST, NASA, NOAA, and the Department of Commerce as a 
condition of receiving an award from one of these agencies. The 
bill also would cover newly eligible entities such as nonprofit 
organizations that apply voluntarily for expanded or new grant 
programs authorized under the bill.

                            economic impact

    The bill would authorize additional spending by the Federal 
Government. Under the bill, authorizations of appropriations 
for the NSF and NIST would increase by 4 percent from FY 2017 
to FY 2018. This increase in funding for R&D, manufacturing, 
and STEM education is intended to stimulate and incentivize 
U.S. innovation and economic investment by private companies in 
areas such as commercialization of federally-funded research 
results, increased manufacturing output, and STEM worker 
hiring. The requirements to streamline and reduce 
administrative burdens and to advance public-private 
partnerships under the bill may also result in economic 
efficiencies to institutions of higher education and other 
organizations that receive Federal research grants.

                                privacy

    The bill would impact the personal privacy of individuals 
who voluntarily apply to receive certain grants from the NSF, 
NIST, NASA, NOAA, and the Department of Commerce. The bill 
could potentially lead to updated requirements reducing impacts 
on personal privacy based on the directive for an interagency 
working group to reduce administrative burdens for federally-
funded researchers.

                               paperwork

    The bill would not significantly increase paperwork 
requirements for private individuals, institutions of higher 
education, or non-profit organizations. In fact, the bill could 
potentially lead to a decrease in paperwork requirements for 
these entities based on the bill's directive for an interagency 
working group to reduce administrative burdens for recipients 
of Federal research grants. The bill would require the NSF, 
NIST, the OSTP, NASA, other Federal agencies, and relevant 
advisory committees to produce 18 reports, strategic plans, and 
audits, some of which are updated existing reports, and some of 
which are required annually or periodically based on certain 
circumstances. The bill also repeals six reporting requirements 
for certain agencies, including the NSF and NIST.

                   Congressionally Directed Spending

    In compliance with paragraph 4(b) of rule XLIV of the 
Standing Rules of the Senate, the Committee provides that no 
provisions contained in the bill, as reported, meet the 
definition of congressionally directed spending items under the 
rule.

                      Section-by-Section Analysis

Section 1. Short title; table of contents.

    This section would provide the short title and table of 
contents for the legislation.

Section 2. Definitions.

    This section would provide definitions for the following 
terms used throughout the legislation: appropriate committees 
of Congress; Federal science agency; Foundation; institution of 
higher education; NIST; STEM; and STEM education.

Section 3. Authorizations of appropriations.

    This section would authorize appropriations for FY 2017 and 
FY 2018.

                  Title I - Maximizing Basic Research

Section 101. Reaffirmation of merit-based peer review.

    This section would express a sense of Congress that NSF's 
intellectual merit and broader impacts criteria remain 
appropriate for evaluating grant proposals, and would require 
the NSF to maintain these criteria as the basis for evaluating 
grant proposals. This section also would require the NSF to 
submit a report to the appropriate committees of Congress if a 
change is made to the merit-review process.

Section 102. Transparency and accountability.

    This section would find that the NSF has improved 
transparency and accountability within the merit review 
process, and would require the NSF to issue and periodically 
update policy guidance clarifying the importance of 
transparency and accountability and requiring specific elements 
in its published grant abstracts. This section also would 
require the National Science Board to conduct an examination of 
the NSF's efforts to improve transparency and accountability 
within the merit-review process and issue a report to Congress 
no later than 6 months after enactment.

Section 103. EPSCoR reaffirmation and update.

    This section would provide a sense of Congress regarding 
EPSCoR, and would require award structure and congressional 
reporting updates based on recommendations of previous EPSCoR 
reviews to maximize the impact of Federal EPSCoR support on 
building competitive research infrastructure. Finally, this 
section would amend existing law to change the name of EPSCoR 
from the ``Experimental Program to Stimulate Competitive 
Research'' to the ``Established Program to Stimulate 
Competitive Research or a ``program similar to the Established 
Program to Stimulate Competitive Research at another Federal 
agency.''

Section 104. Cybersecurity research.

    This section also would amend existing law to direct the 
NSF to include the security of election-dedicated voting system 
software and hardware, and the role of the human factor in 
cybersecurity as specific research areas to consider when 
awarding grants for basic research.
    Additionally, this section would instruct NIST, in 
coordination with the Department of Homeland Security, to 
continue to raise public awareness of the voluntary, industry-
led cybersecurity standards and best practices for critical 
infrastructure, otherwise called the NIST Framework for 
Improving Critical Infrastructure Cybersecurity.
    NIST also would be required: to research information 
systems for future cybersecurity needs; to coordinate a process 
with relevant stakeholders on standards and guidance for these 
future needs, including encryption responses to quantum 
computers; and to provide recommendations for a secure and 
smooth transition to these standards.
    Finally, this section would amend existing law to authorize 
NIST to research the security of computers, computer networks, 
and computer data storage used in voting systems.

Section 105. Networking and information technology research and 
        development update.

    This section would amend existing law to update the NITRD 
Program, the multiagency effort to coordinate advanced 
information technology R&D. The amendment made by this section 
would adopt a number of recommendations from the President's 
Council of Advisors on Science on Technology to add a focus on 
research on the human-computer interaction, cyber-physical 
systems, and cybersecurity.
    It also would amend existing law to direct periodic reviews 
of the NITRD Program, require strategic plans to guide near-
term and long-term research activities, and emphasize 
coordination of such research activities amongst agencies, 
industry, laboratories, universities, international partners, 
and others.
    Amendments made by this section would update and make 
current a number of technical references to the NITRD Program.

Section 106. High-energy physics coordination.

    This section would require the Physical Science 
Subcommittee of the National Science and Technology Council 
(NSTC) to define and continue to coordinate Federal efforts 
related to high-energy physics research in order to maximize 
the efficiency and effectiveness of U.S. investment. This 
section would outline the responsibilities of the subcommittee, 
which would include providing recommendations on planning for 
construction and on research coordination, establishing goals 
and priorities, proposing methods for engagement with agencies 
and Federal laboratories, and developing and updating as 
necessary a strategic plan to guide Federal programs and 
activities in support of high-energy physics research.

Section 107. Laboratory program improvements.

    This section would require NIST to develop and implement a 
comprehensive strategic plan for laboratory programs that 
expands: interactions with academia, international researchers, 
and industry; and commercial and industrial applications. The 
plan would be required to include performance metrics for the 
dissemination of research results, and document positive 
benefits of research for industry.

Section 108. International activities.

    This section would amend existing law to improve NIST's 
ability to directly support activities of international 
organizations that cooperate with NIST to advance measurement 
standards.

Section 109. Standard Reference Data Act Update.

    This section would amend existing law to update the 
outdated definition for ``standard reference data'' to make it 
relevant and applicable to the 21st Century.

Section 110. NSF mid-scale project investments.

    This section would express the sense of Congress that the 
addition of a competitive mid-scale funding opportunity that 
includes research, instrumentation, and infrastructure is 
essential to the NSF's portfolio and advancing scientific 
understanding. This section would require the NSF to evaluate 
the existing and future needs, across all disciplines supported 
by the NSF, for mid-scale project research, instrumentation, 
and infrastructure. Further, this section would require the NSF 
to develop a strategy to meet the existing and future needs for 
mid-scale projects and to provide a briefing on the evaluation 
and strategy to the appropriate committees of Congress not 
later than 180 days after the date of enactment.

Section 111. Oversight of NSF large-scale research facility projects.

    This section would strengthen oversight and accountability 
over the NSF's large-scale research facility projects funded by 
the major research equipment and facilities construction 
account in order to maximize research investment. The NSF 
Inspector General and National Academy of Public Administration 
have identified recommendations to improve oversight of such 
projects, and this section would require oversight progress 
updates from the NSF on the response to and implementation of 
those recommendations.
    This section would take several steps to establish 
policies, procedures, and requirements for the planning, 
management, and oversight of such projects. It also would 
require the full-life cycle cost be considered in pre-award 
analysis, the proposed budget and accounting systems be 
analyzed, an independent cost estimate be conducted and 
reviewed, and major issues be resolved prior to project 
approval. The NSF also would be directed to strengthen 
contingency control and require periodic external reviews on 
project management, reliable accounting systems, and annual 
incurred cost submissions. To ensure any financial issues are 
identified earlier in the process, the section also would 
require incurred cost audits at least once during construction 
at a time to be determined based on risk analysis and length of 
the award (except that the length of time between audits may 
not exceed 3 years) and again at the completion of the 
construction phase.

Section 112. Conflicts of interest.

    This section would require the NSF to take steps to update 
its conflicts of interest policy and procedures to better 
document and manage known conflicts of interest of individuals 
on temporary assignment at the agency.

Section 113. Management of the NSF Antarctic Program.

    This section would require the Director of the NSF to 
continue to review the agency's efforts to sustain and 
strengthen scientific efforts in the face of logistical 
challenges for the U.S. Antarctic Program and to brief Congress 
on the ongoing review not later than 180 days after the date of 
enactment.

Section 114. NIST campus security.

    This section would direct the Department of Commerce Office 
of Security to manage the law enforcement and security programs 
of NIST through an assigned Director of Security for NIST. 
Additionally, this section would require the Director of 
Security for NIST to provide, quarterly at first and then 
annually thereafter, an activities and security report to the 
Under Secretary for Standards and Technology.

Section 115. Federal coordination of sustainable chemistry research and 
        development.

    This section would express the sense of Congress that the 
science of chemistry is vital to improving the quality of human 
life and would highlight the myriad of positive benefits that a 
coordinated national effort on sustainable chemistry would 
provide for both human beings and the United States Government.
    This section would direct the OSTP to establish an entity 
under the NSTC that would be responsible for coordinating 
Federal programs and activities in support of sustainable 
chemistry.
    Further, this section would require this new entity to 
submit a 5-year strategic plan which would include a summary of 
federally funded sustainable chemistry research, a summary of 
the financial resources allocated to sustainable chemistry 
activities, an evaluation of best practices and coordination 
among participating agencies, and a framework for advancing 
sustainable chemistry to certain congressional committees and 
the GAO.
    Finally, this section would authorize the NSF to continue 
to carry out the Sustainable Chemistry Basic Research program.

       Title II - Administrative Burden and Regulatory Reduction

Section 201. Interagency Working Group on Research Regulation.

    This section would require the OMB, in conjunction with the 
OSTP, to establish a working group to reduce administrative 
burdens on federally funded researchers while protecting the 
public interest in the transparency and accountability for 
federally funded activities. The working group would be 
required to regularly review relevant, administration-related 
regulations imposed on federally funded researchers and make 
recommendations on regulations or processes that may be 
eliminated, streamlined, or otherwise improved.
    This section also would require the working group to 
conduct a comprehensive review of Federal science agency grant 
proposal documents and develop, to the extent practicable, a 
simplified, uniform grant format to be used by all Federal 
science agencies. Further, this section would require the 
working group to establish a central repository to house 
assurances required for Federal research grants.
    Further, the working group would be required to conduct a 
comprehensive review of mandated progress reports for federally 
funded research and develop a strategy to simplify investigator 
progress reports. Finally, not later than 1 year after 
enactment, and annually thereafter, the working group 
periodically would be required to submit to the appropriate 
committees of Congress a report on its responsibilities and its 
recommendations.

Section 202. Scientific and technical collaboration.

    This section would: highlight that it is the policy of the 
United States to encourage broad dissemination of Federal 
research findings and engagement of Federal researchers with 
the scientific and technical community; and authorize 
laboratory, test center, field center, and other similar heads 
of offices to approve scientific and technical workshop 
attendance provided that the attendance would meet the mission 
of the laboratory or test center and that sufficient laboratory 
or test center funds are available for that purpose.
    This section also would require the Director of OMB, in 
consultation with the Director of the OSTP and the heads of 
other relevant Federal science agencies, to revise current 
policies and streamline processes for attendance at scientific 
and technical workshops while ensuring appropriate oversight, 
accountability, and transparency.
    Finally, this section would amend existing law to authorize 
NIST to host, participate in, and support scientific and 
technical workshops.

Section 203. NIST grants and cooperative agreements update.

    This section would amend section 8(a) of the Stevenson-
Wydler Technology Innovation Act of 1980 (15 U.S.C. 3706(a)) to 
repeal the limit on the total amount of any grant or 
cooperative agreement under that Act.

Section 204. Repeal of certain obsolete reports.

    The amendments made by this section would update or 
eliminate outdated NSF, NIST, and multiagency reports to 
Congress that are currently required by law.

Section 205. Repeal of certain provisions.

    The amendments made by this section would repeal certain 
authorizations in current law that are no longer beneficial or 
relevant for the functioning of the Federal science agencies.

Section 206. Grant subrecipient transparency and oversight.

    This section would require the NSF Inspector General to 
prepare and submit to the appropriate committees of Congress an 
audit of the NSF's policies and procedures governing the 
monitoring of pass-through entities with respect to 
subrecipients not later than 1 year after the date of 
enactment. This audit would include information regarding the 
NSF's process to oversee the compliance of pass-through 
entities, whether pass-through entities have processes and 
controls in place regarding financial compliance of 
subrecipients, and whether pass-through entities have processes 
and controls in place to maintain approved grant objectives for 
subrecipients. This audit would also include any 
recommendations to increase the transparency and oversight of 
the selection process, grant objectives, and financial 
oversight of the pass-through entities, while balancing 
administrative burdens.

Section 207. Micro-purchase threshold for procurement solicitations by 
        research institutions.

    This section would provide for an increase in the micro-
purchase threshold for procurement solicitations by research 
institutions and would require revisions to the Uniform 
Guidance to conform to this new provision.

    Title III - Science, Technology, Engineering and Math Education

Section 301. Robert Noyce Teacher Scholarship Program update.

    This section would amend existing law to require the NSF to 
develop and implement practices for increasing the retention of 
teachers funded under the Robert Noyce Teacher Scholarship 
Program.

Section 302. Space grants.

    This section would express the sense of Congress that the 
National Space Grant College and Fellowship Program has been an 
important program by which the Federal Government has partnered 
with universities, colleges, industry, and other organizations 
to provide hands-on STEM experiences, fostering of 
multidisciplinary space research, and supporting graduate 
fellowships in space-related fields, among other purposes.
    This section would amend existing law to require NASA to 
maximize appropriated funds for grants and contracts made under 
this program and to limit program administration costs to no 
more than 5 percent of funds appropriated for this program. For 
any FY in which NASA cannot meet its cost target for this 
program or cannot limit program costs, the Administrator of 
NASA would be required to submit a report to the appropriate 
committees of Congress, including a description of why NASA did 
not meet the cost target and the measures the Administrator of 
NASA will take in the next FY to meet the cost target without 
drawing on other Federal funding.

Section 303. STEM Education Advisory Panel.

    This section would direct the NSF, the Department of 
Education, NASA, and NOAA to establish a STEM Education 
Advisory Panel (Advisory Panel) consisting of at least 11 
individuals to be appointed in accordance with certain criteria 
within 180 days of the date of enactment. The Advisory Panel 
would advise the Committee on STEM Education (CoSTEM) on 
matters relating to STEM education and would be required to 
periodically assess CoSTEM's progress in carrying out its 
responsibilities. Further, this section would require the 
Advisory Panel to make recommendations to improve Federal STEM 
education programs and activities and would be required to 
report, not later than 1 year after the date of enactment and 
every 3 years thereafter, to CoSTEM and the appropriate 
committees of Congress on its assessments and its 
recommendations.

Section 304. Committee on STEM Education.

    The amendments made by this section would update previous 
law regarding the duties of the Committee on STEM Education and 
would update the responsibilities of the OSTP related to 
CoSTEM.

Section 305. Grant programs to expand STEM opportunities.

    This section would express the sense of Congress that the 
United States must broaden participation in STEM fields in an 
effort to keep up with the growing demand for STEM-skilled 
workers. This section also would authorize the NSF to continue 
to award grants to eligible entities, on a merit-reviewed, 
competitive basis, under existing programs targeting broadening 
participation, and further would outline the authorized 
activities for which these grants may be used.
    Further, this section would authorize specific grants to be 
used for research to advance the engagement of students, in 
grades kindergarten through eighth, particularly those who are 
members of groups underrepresented in STEM fields, and would 
outline the authorized activities for which these grants may be 
used. This section also would require the NSF to evaluate the 
grants provided under this section not later than 5 years after 
the date of enactment and, no later than 180 days after the 
completion of this evaluation, would require the NSF to submit 
to Congress and make widely available to the public a report 
that includes the results of the evaluation and any 
recommendations for administrative and legislative action that 
could optimize the effectiveness of the program.

Section 306. Centers of excellence for inclusion in STEM.

    This section would direct the NSF to carry out a program to 
award merit-reviewed, competitive grants to institutions of 
higher education and to establish not less than one Center of 
Excellence to collect, maintain, and disseminate information to 
increase participation of women and groups underrepresented in 
STEM fields. The purpose of this Center would be to promote 
faculty diversity in STEM fields by building on the success of 
the Inclusion across the Nation of Communities of Learners of 
Underrepresented Discoverers in Engineering and Science 
(INCLUDES) programs, providing technical assistance, 
maintaining best practices, and providing related training at 
federally-funded academic institutions.

Section 307. NIST education and outreach.

    This section would amend existing law to authorize NIST to 
revise its procedures to expend funds appropriated for its 
activities to support, promote, and coordinate activities and 
efforts to enhance public awareness and understanding of 
measurement sciences, standards and technology at the national 
measurement laboratories, and otherwise in fulfillment of its 
mission.
    The amendments made by this section also would authorize 
NIST to revise the procedures it uses when making appointments 
to laboratory positions and to establish a volunteer program to 
carry out some of its programs.
    Additionally, the amendments made by this section would: 
authorize NIST to expend appropriated funds for research 
fellowship awards; and would instruct NIST to establish and 
conduct a post-doctoral fellowship program. The amendments made 
by this section also would authorize NIST: to facilitate 
education programs for undergraduate and graduate students and 
academic and industry workers; to sponsor summer internships 
for high school teachers as appropriate; to develop programs 
for graduate student internships and visiting faculty 
researchers; to document publications, presentations, 
interactions with visiting researchers and sponsoring interns 
as metrics for improvement and continuing interactions with 
those individuals; and to facilitate NIST laboratory tours and 
provide presentations for school, industry and community 
groups.

Section 308. Presidential awards for excellence in STEM mentoring.

    This section would authorize the NSF to continue to 
administer awards on behalf of the OSTP to recognize 
outstanding mentoring in STEM fields. This section also would 
require the NSF to provide Congress with a list of award 
recipients and a synopsis of the impact of the mentoring 
efforts.

Section 309. Working group on inclusion in STEM fields.

    This section would direct the OSTP, in collaboration with 
Federal departments and agencies, to establish an interagency 
working group to compile and summarize available research and 
best practices on how to promote diversity and inclusion in 
STEM fields and to examine whether barriers exist to promoting 
diversity and inclusion within Federal agencies employing 
scientists and engineers.
    This section would further outline the responsibilities of 
the new interagency working group and the role of non-Federal 
stakeholders. Additionally, this section would require that the 
working group publish a report on its review and assessment, 
including any recommendations, no later than 1 year after the 
date of enactment. Finally, this section would require the 
working group's authority to terminate 10 years after the date 
on which the working group is established.

Section 310. Improving undergraduate STEM experiences.

    This section would express a sense of Congress that each 
Federal science agency should invest in and expand research 
opportunities for undergraduate students attending institutions 
of higher education during the undergraduate student's first 2 
academic years of postsecondary education.
    Additionally, this section would require the head of each 
Federal agency submit recommendations to the President, not 
later than 1 year after enactment, regarding how the agency 
could best fulfill the goals described in subsection (a) of 
this section.
    Finally, this section would amend existing law to add the 
concept of improved undergraduate STEM education and 
instruction as one of the goals the NSF should work to achieve 
when applying a Broader Impacts Review Criterion.

Section 311. Computer science education research.

    This section would authorize the NSF to award grants to 
research computer science education and computational thinking. 
The section also would require the NSF to develop metrics to 
measure success of the grants, and report to Congress in its 
annual budget submission on such success.

Section 312. Informal STEM education.

    This section would authorize the NSF to award, through a 
cross-Directorate process, competitive, merit-reviewed grants 
to support a national partnership of institutions involved in 
informal STEM learning.
    Further, this section would include as activities supported 
by these grants: fostering and implementing on-going 
partnerships between institutions involved in informal STEM 
learning, institutions of higher education, and education 
research centers; and developing, adapting, and making 
available informal STEM education activities and educational 
materials for broad implementation.

Section 313. Developing STEM apprenticeships.

    This section would amend existing law to authorize the 
development of a STEM apprenticeship grant program at the 
Department of Commerce and to allow the Department of Commerce 
to provide a grant to an eligible recipient to develop 
infrastructure to expand STEM apprenticeship programs.

Section 314. NSF report on broadening participation.

    This section would require the NSF to review data on the 
participation in NSF activities of institutions serving groups 
that are underrepresented in STEM disciplines and to submit, 
not later than 1 year after the date of enactment, to Congress 
a report on the findings of such a review. The report would 
include recommendations regarding how the NSF could improve 
outreach and inclusion of these groups in NSF activities.

Section 315. NOAA ocean and atmospheric science education programs.

    This section would amend existing law to update the goals 
and metrics for NOAA's science education programs.

                Title IV - Leveraging the Private Sector

Section 401. Prize competition authority update.

    This section would make numerous changes to section 24 of 
the Stevenson-Wydler Technology Innovation Act of 1980 (15 
U.S.C. 3719) to provide clarity of purpose and relevant 
updates.

Section 402. Crowdsourcing and citizen science.

    This section would express the sense of Congress that the 
use of incentive prizes and challenges has yielded numerous 
benefits for the Nation, and that crowdsourcing and citizen 
science projects have a number of additional unique benefits. 
This section would authorize Federal agencies to utilize 
crowdsourcing and citizen science approaches to conduct 
activities designed to advance their mission. Further, this 
section would require the head of each Federal agency engaged 
in a crowdsourcing or citizen science project to make public 
and promote such project to encourage broad participation.
    This section also would outline the consent, registration, 
terms of use, protections for human subjects, data, 
technologies, applications, liability, and other requirements 
for Federal agencies and consenting participants of crowd 
sourcing and citizen science. Additionally, this section would 
allow Federal agencies to use funds appropriated by Congress to 
carry out crowdsourcing and citizen science activities. 
Finally, this section would require the NSF to include, as a 
component of a previously authorized report, specific 
information about Federal agencies' use of crowdsourcing and 
citizen science during the most recently completed two FYs.

Section 403. NIST other transaction authority update.

    This section would amend existing law to allow NIST to 
enter into and perform such contracts, including cooperative 
R&D arrangements, grants, cooperative agreements, real property 
leases, or other transactions as may be necessary in 
furtherance of the purposes of the National Institute of 
Standards and Technology Act.

Section 404. NIST Visiting Committee on Advanced Technology update.

    This section would amend existing law to modify and provide 
flexibility in the membership of NIST's Visiting Committee on 
Advanced Technology from the current requirement of 15 members, 
10 of which must be from U.S. industry, to at least 9 members, 
with a majority from U.S. industry.

                        Title V - Manufacturing

Section 501. Hollings Manufacturing Extension Partnership improvements.

    This section would amend existing law to make several 
changes to the Hollings MEP, including permanently adjusting 
the Hollings MEP Federal cost share to not more than 50 percent 
of the capital and annual operating and maintenance funds 
required to establish and support a qualified manufacturing 
extension center (center). The amendments made by this section 
would require NIST to re-compete the centers at least every 10 
years, modify the activities and evaluations of the centers, 
and add new reports and assessments about the program that 
would need to be completed within specific timeframes. 
Additionally, the amendments made by this section would: add a 
clause on the protection of confidential client information; 
add a requirement that center oversight boards implement 
conflict of interest bylaws; expand the current competitive 
grants program; and add a provision on development of open 
access resources to address best practices to further the 
competitiveness and profitability of small manufacturers.

Section 502. Federal loan guarantees for innovative technologies in 
        manufacturing.

    This section would amend section 26(o) of the Stevenson-
Wydler Technology Innovation Act of 1980 (15 U.S.C. 3721(o)) to 
require the Secretary of Commerce, in coordination with the 
Small Business Administration and NIST, to identify any gaps in 
the access of small- or medium-sized manufacturers to capital 
for the use or production of innovative technologies that the 
program could fill, and to develop marketing materials and 
conduct outreach to target those gaps.

Section 503. Manufacturing communities.

    This section would direct the Secretary of Commerce to 
establish a program to improve the competitiveness of U.S. 
manufacturing by designating consortiums as manufacturing 
communities and by supporting manufacturing communities.

   Title VI - Innovation, Commercialization, and Technology Transfer

Section 601. Innovation Corps.

    This section would express the sense of Congress that the 
NSF Innovation Corps (I-Corps) is a useful tool in promoting 
the commercialization of federally-funded research. This 
section would authorize the NSF to carry out the I-Corp program 
to award grants on a competitive, merit-reviewed basis for 
entrepreneurship and commercialization and to encourage the 
development and expansion of I-Corps and other training 
programs that focus on professional development. This section 
also would allow the NSF to enter into agreements with other 
Federal agencies to allow researchers funded by those agencies 
to participate in the I-Corps program.
    Additionally, this section would authorize the NSF, in 
consultation with the Small Business Innovation Research 
Program (SBIR Program), to make funds available for competitive 
grants, including I-Corps participants, to help support 
prototype or proof-of-concept development, as long as those I-
Corps participants are not eligible to participate in the SBIR 
Program or the Small Business Technology Transfer Program. 
Further, this section would allow the NSF to engage in 
partnerships with State and local governments, economic 
development organizations, and nonprofit organizations to 
provide access to the I-Corps program to support 
entrepreneurship and commercialization education and training 
for researchers, students, and institutions. Finally, this 
section would require the NSF to submit a biennial report on 
the I-Corps program efficacy to the appropriate committees of 
Congress. Each Federal science agency participating in the I-
Corps program would be required to contribute to this report.

Section 602. Translational research grants.

    This section would express the sense of Congress that 
commercialization of federally-funded research may benefit 
society and the economy and that not-for-profit organizations 
support the commercialization of federally-funded research by 
providing useful business and technical expertise to 
researchers. This section would authorize the NSF to continue 
to award grants to promote the commercialization of federally-
funded research results and would provide further guidance on 
the proper use of these commercialization grants, which types 
of organizations may be eligible for these grants, and the 
application process.

Section 603. Optics and photonics technology innovations.

    This section would express the sense of Congress that: 
optics and photonics research and technologies promote U.S. 
global competitiveness in industry sectors; and Federal science 
agencies, industry, and academia should seek partnerships to 
develop basic research in optics and photonics into more mature 
technologies and capabilities. Further, this section would 
express the sense of Congress that Federal science agencies 
should: survey and identify optics and photonics-related 
programs within their agencies and share results with each 
other; partner with the private sector and academia to leverage 
knowledge and resources to maximize opportunities for 
innovation in optics and photonics; and explore R&D 
opportunities, including Federal and private sector-sponsored 
internships to ensure a highly trained optics and photonics 
workforce in the United States.

Section 604. Authorization of appropriations for the Regional 
        Innovation Program.

    This section would amend existing law to authorize the 
Secretary to use $30,000,000 of amounts appropriated for 
economic development assistance programs for the Regional 
Innovation Program for each of FY 2017 and FY 2018.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
material is printed in italic, existing law in which no change 
is proposed is shown in roman):

                      STANDARDS REFERENCE DATA ACT

                        [15 U.S.C. 290 et seq.]

[SEC. 2. INTERNATIONAL ACTIVITIES.

                            [15 U.S.C. 290a]

  [For the purposes of this Act--
  [(a) The term ``standard reference data'' means quantitative 
information, related to a measurable physical or chemical 
property of a substance or system of substances of known 
composition and structure, which is critically evaluated as to 
its reliability under section 3 of this Act.
  [(b) The term ``Secretary'' means the Secretary of Commerce.]

SEC. 2. DEFINITIONS.

  For the purposes of this Act:
          (1) Standard reference data.--The term ``standard 
        reference data'' means data that is--
                  (A) either--
                          (i) quantitative information related 
                        to a measurable physical or chemical 
                        property of a substance or system of 
                        substances of known composition and 
                        structure;
                          (ii) measurable characteristics of a 
                        physical artifact or artifacts;
                          (iii) engineering properties or 
                        performance characteristics of a 
                        system; or
                          (iv) 1 or more digital data objects 
                        that serve--
                                  (I) to calibrate or 
                                characterize the performance of 
                                a detection or measurement 
                                system; or
                                  (II) to interpolate or 
                                extrapolate, or both, data 
                                described in subparagraph (A) 
                                through (C); and
                  (B) that is critically evaluated as to its 
                reliability under section 3 of this Act.
          (2) Secretary.--The term ``Secretary'' means the 
        Secretary of Commerce.

           NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY ACT

                        [15 U.S.C. 271 et seq.]

SEC. 2. ESTABLISHMENT, FUNCTIONS, AND ACTIVITIES.

                            [15 U.S.C. 272]

  (a) Establishment of National Institute of Standards and 
Technology.--There is established within the Department of 
Commerce a science, engineering, technology, and measurement 
laboratory to be known as the National Institute of Standards 
and Technology (hereafter in this Act referred to as the 
``Institute'').
  (b) Functions of Secretary and Institute.--The Secretary of 
Commerce (hereafter in this Act referred to as the 
``Secretary'') acting through the Director of the Institute 
(hereafter in this Act referred to as the ``Director'') is 
authorized to take all actions necessary and appropriate to 
accomplish the purposes of this Act, including the following 
functions of the Institute--
          (1) to assist industry in the development of 
        technology and procedures needed to improve quality, to 
        modernize manufacturing processes, to ensure product 
        reliability, manufacturability, functionality, and 
        cost-effectiveness, and to facilitate the more rapid 
        commercialization, especially by small- and medium-
        sized companies throughout the United States, of 
        products based on new scientific discoveries in fields 
        such as automation, electronics, advanced materials, 
        biotechnology, and optical technologies;
          (2) to develop, maintain, and retain custody of the 
        national standards of measurement, and provide the 
        means and methods for making measurements consistent 
        with those standards;
          (3) to compare standards used in scientific 
        investigations, engineering, manufacturing, commerce, 
        industry, and educational institutions with the 
        standards adopted or recognized by the Federal 
        Government and to coordinate the use by Federal 
        agencies of private sector standards, emphasizing where 
        possible the use of standards developed by private, 
        consensus organizations;
          [(4) to enter into contracts, including cooperative 
        research and development arrangements, and grants and 
        cooperative agreements, in furtherance of the purposes 
        of this Act;]
          (4) to enter into and perform such contracts, 
        including cooperative research and development 
        arrangements, grants, cooperative agreements, real 
        property leases, or other transactions, as may be 
        necessary in furtherance of the purposes of this Act 
        and on such terms as the Director considers 
        appropriate;
          (5) to provide United States industry, Government, 
        and educational institutions with a national 
        clearinghouse of current information, techniques, and 
        advice for the achievement of higher quality and 
        productivity based on current domestic and 
        international scientific and technical development;
          (6) to assist industry in the development of 
        measurements, measurement methods, and basic 
        measurement technology;
          (7) to determine, compile, evaluate, and disseminate 
        physical constants and the properties and performance 
        of conventional and advanced materials when they are 
        important to science, engineering, manufacturing, 
        education, commerce, and industry and are not available 
        with sufficient accuracy elsewhere;
          (8) to develop a fundamental basis and methods for 
        testing materials, mechanisms, structures, equipment, 
        and systems, including those used by the Federal 
        Government;
          (9) to assure the compatibility of United States 
        national measurement standards with those of other 
        nations;
          (10) to cooperate with other departments and agencies 
        of the Federal Government, with industry, with State 
        and local governments, with the governments of other 
        nations and international organizations, and with 
        private organizations in establishing standard 
        practices, codes, specifications, and voluntary 
        consensus standards;
          (11) to advise government and industry on scientific 
        and technical problems;
          (12) to invent, develop, and (when appropriate) 
        promote transfer to the private sector of measurement 
        devices to serve special national needs; and
          (13) to coordinate Federal, State, and local 
        technical standards activities and conformity 
        assessment activities, with private sector technical 
        standards activities and conformity assessment 
        activities, with the goal of eliminating unnecessary 
        duplication and complexity in the development and 
        promulgation of conformity assessment requirements and 
        measures.
  (c) Implementation Activities.--In carrying out the functions 
specified in subsection (b), the Secretary, acting through the 
Director may, among other things--
          (1) construct physical standards;
          (2) test, calibrate, and certify standards and 
        standard measuring apparatus;
          (3) study and improve instruments, measurement 
        methods, and industrial process control and quality 
        assurance techniques;
          (4) cooperate with the States in securing uniformity 
        in weights and measures laws and methods of inspection;
          (5) cooperate with foreign scientific and technical 
        institutions to understand technological developments 
        in other countries better;
          (6) prepare, certify, and sell standard reference 
        materials for use in ensuring the accuracy of chemical 
        analyses and measurements of physical and other 
        properties of materials;
          (7) in furtherance of the purposes of this Act, 
        accept research associates, cash donations, and donated 
        equipment from industry, and also engage with industry 
        in research to develop new basic and generic 
        technologies for traditional and new products and for 
        improved production and manufacturing;
          (8) study and develop fundamental scientific 
        understanding and improved measurement, analysis, 
        synthesis, processing, and fabrication methods for 
        chemical substances and compounds, ferrous and 
        nonferrous metals, and all traditional and advanced 
        materials, including processes of degradation;
          (9) investigate ionizing and nonionizing radiation 
        and radioactive substances, their uses, and ways to 
        protect people structures, and equipment from their 
        harmful effects;
          (10) determine the atomic and molecular structure of 
        matter, through analysis of spectra and other methods, 
        to provide a basis for predicting chemical and physical 
        structures and reactions and for designing new 
        materials and chemical substances, including 
        biologically active macromolecules;
          (11) perform research on electromagnetic waves, 
        including optical waves, and on properties and 
        performance of electrical, electronic, and 
        electromagnetic devices and systems and their essential 
        materials, develop and maintain related standards, and 
        disseminate standard signals through broadcast and 
        other means;
          (12) develop and test standard interfaces, 
        communication protocols, and data structures for 
        computer and related telecommunications systems;
          (13) study computer systems (as that term is defined 
        in section 20(d) of this Act) and their use to control 
        machinery and processes;
          (14) perform research to develop standards and test 
        methods to advance the effective use of computers and 
        related systems and to protect the information stored, 
        processed, and transmitted by such systems and to 
        provide advice in support of policies affecting Federal 
        computer and related telecommunications systems;
          (15) on an ongoing basis, facilitate and support the 
        development of a voluntary, consensus-based, industry-
        led set of standards, guidelines, best practices, 
        methodologies, procedures, and processes to cost-
        effectively reduce cyber risks to critical 
        infrastructure (as defined under subsection (e));
          (16) perform research to support the development of 
        voluntary, consensus-based, industry-led standards and 
        recommendations on the security of computers, computer 
        networks, and computer data storage used in voting 
        systems to ensure voters can vote securely and 
        privately.
          [(16)](17) determine properties of building materials 
        and structural elements, and encourage their 
        standardization and most effective use, including 
        investigation of fire-resisting properties of building 
        materials and conditions under which they may be most 
        efficiently used, and the standardization of types of 
        appliances for fire prevention;
          [(17)](18) undertake such research in engineering, 
        pure and applied mathematics, statistics, computer 
        science, materials science, and the physical sciences 
        as may be necessary to carry out and support the 
        functions specified in this section;
          (19) host, participate in, and support scientific and 
        technical workshops (as defined in section 202 of the 
        American Innovation and Competitiveness Act);
          (20) collect and retain any fees charged by the 
        Secretary for hosting a scientific and technical 
        workshop described in paragraph (19);
          (21) notwithstanding title 31 of the United States 
        Code, use the fees described in paragraph (20) to pay 
        for any related expenses, including subsistence 
        expenses for participants;
          [(18)](22) compile, evaluate, publish, and otherwise 
        disseminate general, specific and technical data 
        resulting from the performance of the functions 
        specified in this section or from other sources when 
        such data are important to science, engineering, or 
        industry, or to the general public, and are not 
        available elsewhere;
          [(19)](23) collect, create, analyze, and maintain 
        specimens of scientific value;
          [(20)](24) operate national user facilities;
          [(21)](25) evaluate promising inventions and other 
        novel technical concepts submitted by inventors and 
        small companies and work with other Federal agencies, 
        States, and localities to provide appropriate technical 
        assistance and support for those inventions which are 
        found in the evaluation process to have commercial 
        promise;
          [(22)](26) demonstrate the results of the Institute's 
        activities by exhibits or other methods of technology 
        transfer, including the use of scientific or technical 
        personnel of the Institute for part-time or 
        intermittent teaching and training activities at 
        educational institutions of higher learning as part of 
        and incidental to their official duties; and
          [(23)](27) undertake such other activities similar to 
        those specified in this subsection as the Director 
        determines appropriate.
  (d) Management Costs.--In carrying out the extramural funding 
programs of the Institute, including the programs established 
under [sections 25, 26, and 28] sections 25 and 26 of this Act, 
the Secretary may retain reasonable amounts of any funds 
appropriated pursuant to authorizations for these programs in 
order to pay for the Institute's management of these programs.
  (e) Cyber Risks.--
          (1) In general.--In carrying out the activities under 
        subsection (c)(15), the Director--
                  (A) shall--
                          (i) coordinate closely and regularly 
                        with relevant private sector personnel 
                        and entities, critical infrastructure 
                        owners and operators, and other 
                        relevant industry organizations, 
                        including Sector Coordinating Councils 
                        and Information Sharing and Analysis 
                        Centers, and incorporate industry 
                        expertise;
                          (ii) consult with the heads of 
                        agencies with national security 
                        responsibilities, sector-specific 
                        agencies and other appropriate 
                        agencies, State and local governments, 
                        the governments of other nations, and 
                        international organizations;
                          (iii) identify a prioritized, 
                        flexible, repeatable, performance-
                        based, and cost-effective approach, 
                        including information security measures 
                        and controls, that may be voluntarily 
                        adopted by owners and operators of 
                        critical infrastructure to help them 
                        identify, assess, and manage cyber 
                        risks;
                          (iv) include methodologies--
                                  (I) to identify and mitigate 
                                impacts of the cybersecurity 
                                measures or controls on 
                                business confidentiality; and
                                  (II) to protect individual 
                                privacy and civil liberties;
                          (v) incorporate voluntary consensus 
                        standards and industry best practices;
                          (vi) align with voluntary 
                        international standards to the fullest 
                        extent possible;
                          (vii) prevent duplication of 
                        regulatory processes and prevent 
                        conflict with or superseding of 
                        regulatory requirements, mandatory 
                        standards, and related processes; and
                          (viii) include such other similar and 
                        consistent elements as the Director 
                        considers necessary; and
                  (B) shall not prescribe or otherwise 
                require--
                          (i) the use of specific solutions;
                          (ii) the use of specific information 
                        or communications technology products 
                        or services; or
                          (iii) that information or 
                        communications technology products or 
                        services be designed, developed, or 
                        manufactured in a particular manner.
          (2) Limitation.--Information shared with or provided 
        to the Institute for the purpose of the activities 
        described under subsection (c)(15) shall not be used by 
        any Federal, State, tribal, or local department or 
        agency to regulate the activity of any entity. Nothing 
        in this paragraph shall be construed to modify any 
        regulatory requirement to report or submit information 
        to a Federal, State, tribal, or local department or 
        agency.
          (3) Definitions.--In this subsection:
                  (A) Critical infrastructure.--The term 
                ``critical infrastructure'' has the meaning 
                given the term in section 1016(e) of the USA 
                PATRIOT Act of 2001 (42 U.S.C. 5195c(e)).
                  (B) Sector-specific agency.--The term 
                ``sector-specific agency'' means the Federal 
                department or agency responsible for providing 
                institutional knowledge and specialized 
                expertise as well as leading, facilitating, or 
                supporting the security and resilience programs 
                and associated activities of its designated 
                critical infrastructure sector in the all-
                hazards environment.

SEC. 10. VISITING COMMITTEE ON ADVANCED TECHNOLOGY.

                            [15 U.S.C. 278]

  (a) Establishment; Appointment; Membership and Composition; 
Review and Recommendations.--There is established within the 
Institute a Visiting Committee on Advanced Technology 
(hereafter in this Act referred to as the ``Committee''). The 
Committee shall consist of [15 members appointed by the 
Director, at least 10 of whom] not fewer than 9 members 
appointed by the Director, a majority of whom shall be from 
United States industry. The Director shall appoint as original 
members of the Committee any final members of the [National 
Bureau of Standards] National Institute of Standards and 
Technology Visiting Committee who wish to serve in such 
capacity. In addition to any powers and functions otherwise 
granted to it by this Act, the Committee shall review and make 
recommendations regarding general policy for the Institute, its 
organization, its budget, and its programs within the framework 
of applicable national policies as set forth by the President 
and the Congress.

           *       *       *       *       *       *       *

  (c) Annual and Other Reports to Secretary and Congress.--
          (1) The Committee shall render an annual report to 
        the Secretary for submission to the Congress not later 
        than 30 days after the submittal to Congress of the 
        President's annual budget request in each year. Such 
        report shall deal essentially, though not necessarily 
        exclusively, with policy issues or matters which affect 
        the Institute[, including the Program established under 
        section 28,] or with which the Committee in its 
        official role as the private sector policy advisor of 
        the Institute is concerned. Each such report shall 
        identify areas of research and research techniques of 
        the Institute of potential importance to the long-term 
        competitiveness of United States industry, in which the 
        Institute possesses special competence, which could be 
        used to assist United States enterprises and United 
        States industrial joint research and development 
        ventures. [Such report also shall comment on the 
        programmatic planning document and updates thereto 
        submitted to Congress by the Director under subsections 
        (c) and (d) of section 23.]
          (2) The Committee shall render to the Secretary and 
        the Congress such additional reports on specific policy 
        matters as it deems appropriate.

SEC. 17. FOSTERING UNITED STATES COMPETITIVENESS IN HIGH-PERFORMANCE 
                    COMPUTING AND RELATED ACTIVITIES.

                            [15 U.S.C. 278g]

  [(a) Findings.--The Congress finds the following:
          [(1) High-performance computing and associated 
        technologies are critical to the United States economy.
          [(2) While the United States has led the development 
        of high-performance computing, United States industry 
        is facing increasing global competition.
          [(3) Despite existing international agreements on 
        fair competition and nondiscrimination in government 
        procurements, there is increasing concern that such 
        agreements are not being honored, that more aggressive 
        enforcement of such agreements is needed, and that 
        additional steps may be required to ensure fair global 
        competition, particularly in high-technology fields 
        such as high-performance computing and associated 
        technologies.
          [(4) It is appropriate for Federal agencies and 
        departments to use the funds authorized for the Program 
        in a manner which most effectively fosters the 
        maintenance and development of United States leadership 
        in high-performance computers and associated 
        technologies in and for the benefit of the United 
        States.
          [(5) It is appropriate for Federal agencies and 
        departments to use the funds authorized for the Program 
        in a manner, consistent with the Trade Agreements Act 
        of 1979 (19 U.S.C. 2501 et seq.), which most 
        effectively fosters reciprocal competitive procurement 
        treatment by foreign governments for United States 
        high-performance computing and associated technology 
        products and suppliers.]
  (a) Financial Assistance to Foreign Nationals.--The Secretary 
is authorized, notwithstanding any other provision of law, to 
expend such sums, within the limit of appropriated funds, 
through direct support for activities of international 
organizations and foreign national metrology institutes with 
which the Institute cooperates to advance measurement methods, 
standards, and related basic technologies and, as the Secretary 
may deem desirable, through the grant of fellowships or any 
other form of financial assistance, to defray the expenses of 
foreign nationals not in service to the Government of the 
United States while they are performing scientific or 
engineering work at the Institute or participating in the 
exchange of scientific or technical information at the 
Institute.

           *       *       *       *       *       *       *

[SEC. 18. RESEARCH FELLOWSHIPS AND OTHER FINANCIAL ASSISTANCE TO 
                    STUDENTS AT INSTITUTES OF HIGHER EDUCATION.

                           [15 U.S.C. 278g-1]

  [(a) In General.--The Director is authorized to expend funds 
appropriated for activities of the Institute in any fiscal 
year, as the Director may deem desirable, for awards of 
research fellowships and other forms of financial assistance to 
students at institutions of higher learning within the United 
States who show promise as present or future contributors to 
the mission of the Institute, and to United States citizens for 
research and technical activities on Institute programs. The 
selection of persons to receive such fellowships and assistance 
shall be made on the basis of ability and of the relevance of 
the proposed work to the mission and programs of the Institute.
  [(b) Manufacturing Fellowship Program.--
          [(1) Establishment.--To promote the development of a 
        robust research community working at the leading edge 
        of manufacturing sciences, the Director shall establish 
        a program to award--
                  [(A) postdoctoral research fellowships at the 
                Institute for research activities related to 
                manufacturing sciences; and
                  [(B) senior research fellowships to 
                established researchers in industry or at 
                institutions of higher education who wish to 
                pursue studies related to the manufacturing 
                sciences at the Institute.
          [(2) Applications.--To be eligible for an award under 
        this subsection, an individual shall submit an 
        application to the Director at such time, in such 
        manner, and containing such information as the Director 
        may require.
          [(3) Stipend levels.--Under this subsection, the 
        Director shall provide stipends for postdoctoral 
        research fellowships at a level consistent with the 
        National Institute of Standards and Technology 
        Postdoctoral Research Fellowship Program, and senior 
        research fellowships at levels consistent with support 
        for a faculty member in a sabbatical position.
  [(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.]

SEC. 18. EDUCATION AND OUTREACH.

  (a) In General.--The Director is authorized to expend funds 
appropriated for activities of the Institute in any fiscal 
year, to support, promote, and coordinate activities and 
efforts to enhance public awareness and understanding of 
measurement sciences, standards and technology at the national 
measurement laboratories and otherwise in fulfillment of the 
mission of the Institute. The Director may carry out activities 
under this subsection, including education and outreach 
activities to the general public, industry and academia in 
support of the Institute's mission.
  (b) Hiring.--The Director, in coordination with the Director 
of the Office of Personnel Management, may revise the 
procedures the Director applies when making appointments to 
laboratory positions within the competitive service--
          (1) to ensure corporate memory of and expertise in 
        the fundamental ongoing work, and on developing new 
        capabilities in priority areas;
          (2) to maintain high overall technical competence;
          (3) to improve staff diversity;
          (4) to balance emphases on the noncore and core 
        areas; or
          (5) to improve the ability of the Institute to 
        compete in the marketplace for qualified personnel.
  (c) Volunteers.--
          (1) In general.--The Director may establish a program 
        to use volunteers in carrying out the programs of the 
        Institute.
          (2) Acceptance of personnel.--The Director may 
        accept, subject to regulations issued by the Office of 
        Personnel Management, voluntary service for the 
        Institute for such purpose if the service--
                  (A) is to be without compensation; and
                  (B) will not be used to displace any current 
                employee or act as a substitute for any future 
                full-time employee of the Institute.
          (3) Federal employee status.--Any individual who 
        provides voluntary service under this subsection shall 
        not be considered a Federal employee, except for 
        purposes of chapter 81 of title 5, United States Code 
        (relating to compensation for injury), and sections 
        2671 through 2680 of title 28, United States Code 
        (relating to tort claims).
  (d) Research Fellowships.--
          (1) In general.--The Director may expend funds 
        appropriated for activities of the Institute in any 
        fiscal year, as the Director considers appropriate, for 
        awards of research fellowships and other forms of 
        financial and logistical assistance, including direct 
        stipend awards to--
                  (A) students at institutions of higher 
                learning within the United States who show 
                promise as present or future contributors to 
                the mission of the Institute; and
                  (B) United States citizens for research and 
                technical activities of the Institute, 
                including programs.
          (2) Selection criteria.--The selection of persons to 
        receive such fellowships and assistance shall be made 
        on the basis of ability and of the relevance of the 
        proposed work to the mission and programs of the 
        Institute.
          (3) Financial and logistical assistance.--
        Notwithstanding section 1345 of title 31, United States 
        Code, or any other law to the contrary, the Director 
        may include as a form of financial or logistical 
        assistance under this subsection temporary housing and 
        transportation to and from Institute facilities.
  (e) Educational Outreach Activities.--The Director may--
          (1) facilitate education programs for undergraduate 
        and graduate students, postdoctoral researchers, and 
        academic and industry employees;
          (2) sponsor summer internships for STEM high school 
        teachers as appropriate;
          (3) develop programs for graduate student internships 
        and visiting faculty researchers;
          (4) document publications, presentations, and 
        interactions with visiting researchers and sponsoring 
        interns as performance metrics for improving and 
        continuing interactions with those individuals; and
          (5) facilitate laboratory tours and provide 
        presentations for educational, industry, and community 
        groups.

[SEC. 19. POST-DOCTORAL FELLOWSHIP PROGRAM.

                           [15 U.S.C. 278g-2]

  [The Institute shall establish and conduct a post-doctoral 
fellowship program, subject to the availability of 
appropriations, which shall be organized and carried out in 
substantially the same manner as the National Academy of 
Sciences/National Research Council Post-Doctoral Research 
Associate Program that was in effect prior to 1986, and which 
shall include not less than twenty nor more than 120 new 
fellows per fiscal year. 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.]

SEC. 19. POST-DOCTORAL FELLOWSHIP PROGRAM.

  (a) In General.--The Institute and the National Academy of 
Sciences, jointly, shall establish and conduct a post-doctoral 
fellowship program, subject to the availability of 
appropriations.
  (b) Organization.--The post-doctoral fellowship program shall 
include not less than 20 nor more than 120 new fellows per 
fiscal year.
  (c) Evaluations.--In evaluating applications for post-
doctoral fellowships under this section, the Director of the 
Institute and the President of the National Academy of Sciences 
shall give consideration to the goal of promoting the 
participation of underrepresented minorities in research areas 
supported by the Institute.

[SEC. 19A. TEACHER SCIENCE AND TECHNOLOGY ENHANCEMENT INSTITUTE 
                    PROGRAM.

                          [15 U.S.C. 278g-2a]

  [(a) Establishment.--The Director shall establish within the 
Institute a teacher science and technology enhancement program 
to provide for professional development of mathematics and 
science teachers of elementary, middle, and secondary schools 
(as those terms are defined by the Director), including 
providing for the improvement of those teachers with respect to 
the understanding of science and the impacts of science on 
commerce.
  [(b) Areas of Focus.--In carrying out the program under this 
section, the Director shall focus on the areas of--
          [(1) scientific measurements;
          [(2) tests and standards development;
          [(3) industrial competitiveness and quality;
          [(4) manufacturing;
          [(5) technology transfer; and
          [(6) any other area of expertise of the Institute 
        that the Director determines to be appropriate.
  [(c) Procedures and Selection Criteria.--The Director shall 
develop and issue procedures and selection criteria for 
participants in the program. 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).
  [(d) Scheduling.--The program under this section shall be 
conducted on an annual basis during the summer months, during 
the period of time when a majority of elementary, middle, and 
secondary schools have not commenced a school year.
  [(e) Means of Accomplishing Goals.--The program shall provide 
for teachers' participation in activities at the laboratory 
facilities of the Institute, or shall utilize other means of 
accomplishing the goals of the program as determined by the 
Director, which may include the Internet, video conferencing 
and recording, and workshops and conferences.]

SEC. 23. REPORTS TO CONGRESS.

                            [15 U.S.C. 278i]

  (a) Information to Congress on Institute Activities.--The 
Director shall keep the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on Science, 
Space, and Technology of the House of Representatives fully and 
currently informed with regard to all of the activities of the 
Institute.
  (b) Justification for Changes in Policies and Fees.--The 
Director shall justify in writing all changes in policies 
regarding fees for standard reference materials and calibration 
services occurring after June 30, 1987, including a description 
of the anticipated impact of any proposed changes on demand for 
and anticipated revenues from the materials and services. 
Changes in policy and fees shall not be effective unless and 
until the Director has submitted the proposed schedule and 
justification to the Congress and 30 days on which both Houses 
of Congress are in session have elapsed since such submission, 
except that the requirement of this sentence shall not apply 
with respect to adjustments which are based solely on changes 
in the costs of raw materials or of producing and delivering 
standard reference materials or calibration services.
  [(c) Three-year Programmatic Planning Document.--Concurrent 
with the submission to Congress of the President's annual 
budget request in the first year after the date of enactment of 
this subsection, the Director shall submit to Congress a 3-year 
programmatic planning document for the Institute, including 
programs under the Scientific and Technical Research and 
Services, Industrial Technology Services, and Construction of 
Research Facilities functions.
  [(d) Annual Update on Three-year Programmatic Planning 
Document.--Concurrent with the submission to the Congress of 
the President's annual budget request in each year after the 
date of enactment of this subsection, the Director shall submit 
to Congress an update to the 3-year programmatic planning 
document submitted under subsection (c), revised to cover the 
first 3 fiscal years after the date of that update.]

[SEC. 25. REGIONAL CENTERS FOR THE TRANSFER OF MANUFACTURING 
                    TECHNOLOGY.

                            [15 U.S.C. 278k]

  [(a) Creation and Support of Centers; Affiliations; Merit 
Review in Determining Awards; Objectives.--The Secretary, 
through the Director and, if appropriate, through other 
officials, shall provide assistance for the creation and 
support of regional centers for the transfer of manufacturing 
technology (hereafter in this Act referred to as the 
``Centers''). Such centers shall be affiliated with any United 
States-based nonprofit institution or organization, or group 
thereof, that applies for and is awarded financial assistance 
under this section in accordance with the description published 
by the Secretary in the Federal Register under subsection 
(c)(2). Individual awards shall be decided on the basis of 
merit review. The objective of the Centers is to enhance 
productivity and technological performance in United States 
manufacturing through--
          [(1) the transfer of manufacturing technology and 
        techniques developed at the Institute to Centers and, 
        through them, to manufacturing companies throughout the 
        United States;
          [(2) the participation of individuals from industry, 
        universities, State governments, other Federal 
        agencies, and, when appropriate, the Institute in 
        cooperative technology transfer activities;
          [(3) efforts to make new manufacturing technology and 
        processes usable by United States-based small- and 
        medium-sized companies;
          [(4) the active dissemination of scientific, 
        engineering, technical, and management information 
        about manufacturing to industrial firms, including 
        small- and medium-sized manufacturing companies;
          [(5) the utilization, when appropriate, of the 
        expertise and capability that exists in Federal 
        laboratories other than the Institute; and
          [(6) providing to community colleges information 
        about the job skills needed in small- and medium-sized 
        manufacturing businesses in the regions they serve.
  [(b) Activities of Centers.--The activities of the Centers 
shall include--
          [(1) the establishment of automated manufacturing 
        systems and other advanced production technologies, 
        based on research by the Institute, for the purpose of 
        demonstrations and technology transfer;
          [(2) the active transfer and dissemination of 
        research findings and Center expertise to a wide range 
        of companies and enterprises, particularly small- and 
        medium-sized manufacturers; and
          [(3) loans, on a selective, short-term basis, of 
        items of advanced manufacturing equipment to small 
        manufacturing firms with less than 100 employees.
  [(c) Duration and Amount of Support; Program Descriptions; 
Applications; Merit Review; Evaluations of Assistance; 
Applicability of Patent Law.--
          [(1) The Secretary may provide financial support to 
        any Center created under subsection (a) for a period 
        not to exceed six years. The Secretary may not provide 
        to a Center more than 50 percent of the capital and 
        annual operating and maintenance funds required to 
        create and maintain such Center.
          [(2) The Secretary shall publish in the Federal 
        Register, within 90 days after the date of the 
        enactment of this section, a draft description of a 
        program for establishing Centers, including--
                  [(A) a description of the program;
                  [(B) procedures to be followed by applicants;
                  [(C) criteria for determining qualified 
                applicants;
                  [(D) criteria, including those listed under 
                paragraph (4), for choosing recipients of 
                financial assistance under this section from 
                among the qualified applicants; and
                  [(E) maximum support levels expected to be 
                available to Centers under the program in the 
                fourth through sixth years of assistance under 
                this section.
          [The Secretary shall publish a final description 
        under this paragraph after the expiration of a 30-day 
        comment period.
          [(3)(A) Any nonprofit institution, or group thereof, 
        or consortia of nonprofit institutions, including 
        entities existing on August 23, 1988, may submit to the 
        Secretary an application for financial support under 
        this subsection, in accordance with the procedures 
        established by the Secretary and published in the 
        Federal Register under paragraph (2).
                  [(B) In order to receive assistance under 
                this section, an applicant for financial 
                assistance under subparagraph (A) shall provide 
                adequate assurances that non-Federal assets 
                obtained from the applicant and the applicant's 
                partnering organizations will be used as a 
                funding source to meet not less than 50 percent 
                of the costs incurred for the first 3 years and 
                an increasing share for each of the last 3 
                years. For purposes of the preceding sentence, 
                the costs incurred means the costs incurred in 
                connection with the activities undertaken to 
                improve the management, productivity, and 
                technological performance of small- and medium-
                sized manufacturing companies.
                  [(C) In meeting the 50 percent requirement, 
                it is anticipated that a Center will enter into 
                agreements with other entities such as private 
                industry, universities, and State governments 
                to accomplish programmatic objectives and 
                access new and existing resources that will 
                further the impact of the Federal investment 
                made on behalf of small- and medium-sized 
                manufacturing companies. All non-Federal costs, 
                contributed by such entities and determined by 
                a Center as programmatically reasonable and 
                allocable under MEP program procedures are 
                includable as a portion of the Center's 
                contribution.
                  [(D) Each applicant under subparagraph (A) 
                shall also submit a proposal for the allocation 
                of the legal rights associated with any 
                invention which may result from the proposed 
                Center's activities.
          [(4) The Secretary shall subject each such 
        application to merit review. In making a decision 
        whether to approve such application and provide 
        financial support under this subsection, the Secretary 
        shall consider at a minimum (A) the merits of the 
        application, particularly those portions of the 
        application regarding technology transfer, training and 
        education, and adaptation of manufacturing technologies 
        to the needs of particular industrial sectors, (B) the 
        quality of service to be provided, (C) geographical 
        diversity and extent of service area, and (D) the 
        percentage of funding and amount of in-kind commitment 
        from other sources.
          [(5) Each Center which receives financial assistance 
        under this section shall be evaluated during its third 
        year of operation by an evaluation panel appointed by 
        the Secretary. Each such evaluation panel shall be 
        composed of private experts, none of whom shall be 
        connected with the involved Center, and Federal 
        officials. An official of the Institute shall chair the 
        panel. Each evaluation panel shall measure the involved 
        Center's performance against the objectives specified 
        in this section. The Secretary shall not provide 
        funding for the fourth through the sixth years of such 
        Center's operation unless the evaluation is positive. 
        If the evaluation is positive, the Secretary may 
        provide continued funding through the sixth year at 
        declining levels. A Center that has not received a 
        positive evaluation by the evaluation panel shall be 
        notified by the panel of the deficiencies in its 
        performance and shall be placed on probation for one 
        year, after which time the panel shall reevaluate the 
        Center. If the Center has not addressed the 
        deficiencies identified by the panel, or shown a 
        significant improvement in its performance, the 
        Director shall conduct a new competition to select an 
        operator for the Center or may close the Center. After 
        the sixth year, a Center may receive additional 
        financial support under this section if it has received 
        a positive evaluation through an independent review, 
        under procedures established by the Institute. Such an 
        independent review shall be required at least every two 
        years after the sixth year of operation. Funding 
        received for a fiscal year under this section after the 
        sixth year of operation shall not exceed one third of 
        the capital and annual operating and maintenance costs 
        of the Center under the program.
          [(6) The provisions of chapter 18 of title 35, United 
        States Code, shall (to the extent not inconsistent with 
        this section) apply to the promotion of technology from 
        research by Centers under this section except for 
        contracts for such specific technology extension or 
        transfer services as may be specified by statute or by 
        the Director.
          [(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.
  [(d) Acceptance of Funds.--
          [(1) In general.--In addition to such sums as may be 
        appropriated to the Secretary and Director to operate 
        the Centers program, the Secretary and Director also 
        may accept funds from other Federal departments and 
        agencies and under section 2(c)(7) from the private 
        sector for the purpose of strengthening United States 
        manufacturing.
          [(2) Allocation of funds.--
                  [(A) Funds accepted from other federal 
                departments or agencies.--The Director shall 
                determine whether funds accepted from other 
                Federal departments or agencies shall be 
                counted in the calculation of the Federal share 
                of capital and annual operating and maintenance 
                costs under subsection (c).
                  [(B) Funds accepted from the private 
                sector.--Funds accepted from the private sector 
                under section 2(c)(7), if allocated to a 
                Center, shall not be considered in the 
                calculation of the Federal share under 
                subsection (c) of this section.
  [(e) MEP Advisory Board.--
          [(1) Establishment.--There is established within the 
        Institute a Manufacturing Extension Partnership 
        Advisory Board (in this subsection referred to as the 
        ``MEP Advisory Board'').
          [(2) Membership.--
                  [(A) In general.--The MEP Advisory Board 
                shall consist of 10 members broadly 
                representative of stakeholders, to be appointed 
                by the Director. At least 2 members shall be 
                employed by or on an advisory board for the 
                Centers, and at least 5 other members shall be 
                from United States small businesses in the 
                manufacturing sector. No member shall be an 
                employee of the Federal Government.
                  [(B) Term.--Except as provided in 
                subparagraph (C) or (D), the term of office of 
                each member of the MEP Advisory Board shall be 
                3 years.
                  [(C) Classes.--The original members of the 
                MEP Advisory Board shall be appointed to 3 
                classes. One class of 3 members shall have an 
                initial term of 1 year, one class of 3 members 
                shall have an initial term of 2 years, and one 
                class of 4 members shall have an initial term 
                of 3 years.
                  [(D) Vacancies.--Any member appointed to fill 
                a vacancy occurring prior to the expiration of 
                the term for which his predecessor was 
                appointed shall be appointed for the remainder 
                of such term.
                  [(E) Serving consecutive terms.--Any person 
                who has completed two consecutive full terms of 
                service on the MEP Advisory Board shall 
                thereafter be ineligible for appointment during 
                the one-year period following the expiration of 
                the second such term.
          [(3) Meetings.--The MEP Advisory Board shall meet not 
        less than 2 times annually, and provide to the 
        Director--
                  [(A) advice on Manufacturing Extension 
                Partnership programs, plans, and policies;
                  [(B) assessments of the soundness of 
                Manufacturing Extension Partnership plans and 
                strategies; and
                  [(C) assessments of current performance 
                against Manufacturing Extension Partnership 
                program plans.
          [(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.
          [(5) Report.--The MEP Advisory Board shall transmit 
        an annual report to the Secretary for transmittal to 
        Congress within 30 days after the submission to 
        Congress of the President's annual budget request in 
        each year. Such report shall address the status of the 
        program established pursuant to this section and 
        comment on the relevant sections of the programmatic 
        planning document and updates thereto transmitted to 
        Congress by the Director under subsections (c) and (d) 
        of section 23.
  [(f) Competitive Grant Program.--
          [(1) Establishment.--The Director shall establish, 
        within the Centers program under this section and 
        section 26 of this Act, a program of competitive awards 
        among participants described in paragraph (2) for the 
        purposes described in paragraph (3).
          [(2) Participants.--Participants receiving awards 
        under this subsection shall be the Centers, or a 
        consortium of such Centers.
          [(3) Purpose.--The purpose of the program under this 
        subsection is to add capabilities to the MEP program, 
        including the development of projects to solve new or 
        emerging manufacturing problems as determined by the 
        Director, in consultation with the Director of the 
        Hollings MEP program, the Manufacturing Extension 
        Partnership Advisory Board, and small and medium-sized 
        manufacturers. One or more themes for the competition 
        may be identified, which may vary from year to year, 
        depending on the needs of manufacturers and the success 
        of previous competitions. 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.
          [(4) Applications.--Applications for awards under 
        this subsection shall be submitted in such manner, at 
        such time, and containing such information as the 
        Director shall require, in consultation with the 
        Manufacturing Extension Partnership Advisory Board.
          [(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.
          [(6) Program contribution.--Recipients of awards 
        under this subsection shall not be required to provide 
        a matching contribution.
          [(7) Global marketplace projects.--In making awards 
        under this subsection, the Director, in consultation 
        with the Manufacturing Extension Partnership Advisory 
        Board and the Secretary of Commerce, may--
                  [(A) take into consideration whether an 
                application has significant potential for 
                enhancing the competitiveness of small and 
                medium-sized United States manufacturers in the 
                global marketplace; and
                  [(B) give a preference to applications for 
                such projects to the extent the Director deems 
                appropriate, taking into account the broader 
                purposes of this subsection.
          [(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.
  [(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.
  [(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)).
  [(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'').
  [(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.
  [(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.]

SEC. 25. HOLLINGS MANUFACTURING EXTENSION PARTNERSHIP.

  (a) Definitions.--In this section:
          (1) Appropriate committees of congress.--The term 
        ``appropriate committees of Congress'' means--
                  (A) the Committee on Commerce, Science, and 
                Transportation of the Senate; and
                  (B) the Committee on Science, Space, and 
                Technology of the House of Representatives.
          (2) Area career and technical education school.--The 
        term ``area career and technical education school'' has 
        the meaning given the term in section 3 of the 
        Vocational Education Act of 1963 (20 U.S.C. 2302).
          (3) Center.--The term ``Center'' means a 
        manufacturing extension center that--
                  (A) is created under subsection (b); and
                  (B) is affiliated with an eligible entity 
                that applies for and is awarded financial 
                support under subsection (e).
          (4) Community college.--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.
          (5) Eligible entity.--The term ``eligible entity'' 
        means a United States-based nonprofit institution, or 
        consortium thereof, an institution of higher education, 
        or a State, United States territory, local, or tribal 
        government.
          (6) Hollings manufacturing extension partnership or 
        program.--The term ``Hollings Manufacturing Extension 
        Partnership'' or ``Program'' means the program 
        established under subsection (b).
          (7) MEP advisory board.--The term ``MEP Advisory 
        Board'' means the Manufacturing Extension Partnership 
        Advisory Board established under subsection (n).
  (b) Establishment and Purpose.--The Secretary, acting through 
the Director and, if appropriate, through other Federal 
officials, shall establish a program to provide assistance for 
the creation and support of manufacturing extension centers for 
the transfer of manufacturing technology and best business 
practices.
  (c) Objective.--The objective of the Program shall be to 
enhance competitiveness, productivity, and technological 
performance in United States manufacturing through--
          (1) the transfer of manufacturing technology and 
        techniques developed at the Institute to Centers and, 
        through them, to manufacturing companies throughout the 
        United States;
          (2) the participation of individuals from industry, 
        institutions of higher education, State governments, 
        other Federal agencies, and, when appropriate, the 
        Institute in cooperative technology transfer 
        activities;
          (3) efforts to make new manufacturing technology and 
        processes usable by United States-based small and 
        medium-sized companies;
          (4) the active dissemination of scientific, 
        engineering, technical, and management information 
        about manufacturing to industrial firms, including 
        small and medium-sized manufacturing companies;
          (5) the utilization, when appropriate, of the 
        expertise and capability that exists in Federal 
        agencies, other than the Institute, and federally-
        sponsored laboratories;
          (6) the provision to community colleges and area 
        career and technical education schools of information 
        about the job skills needed in manufacturing companies, 
        including small and medium-sized manufacturing 
        businesses in the regions they serve;
          (7) the promotion and expansion of certification 
        systems, including efforts to assist small- and medium-
        sized manufacturing businesses in creating new 
        apprenticeships or utilizing existing apprenticeships, 
        such as facilitating training and providing access to 
        information and experts, to address workforce needs and 
        skills gaps; and
          (8) the growth in employment and wages at United 
        States-based small and medium-sized companies.
  (d) Activities.--The activities of a Center shall include--
          (1) the establishment of automated manufacturing 
        systems and other advanced production technologies, 
        based on Institute-supported research, for the purpose 
        of demonstrations and technology transfer;
          (2) the active transfer and dissemination of research 
        findings and Center expertise to a wide range of 
        companies and enterprises, particularly small and 
        medium-sized manufacturers; and
          (3) the facilitation of collaborations and 
        partnerships between small and medium-sized 
        manufacturing companies , community colleges, and area 
        career and technical education schools, to help those 
        entities better understand the specific needs of 
        manufacturers and to help manufacturers better 
        understand the skill sets that students learn in the 
        programs offered by such colleges and schools.
  (e) Financial Assistance.--
          (1) Authorization.--Except as provided in paragraph 
        (2), the Secretary may provide financial assistance for 
        the creation and support of a Center through a 
        cooperative agreement with an eligible entity.
          (2) Cost sharing.--The Secretary may not provide more 
        than 50 percent of the capital and annual operating and 
        maintenance funds required to establish and support a 
        Center.
          (3) Rule of construction.--For purposes of paragraph 
        (2), any amount received by an eligible entity for a 
        Center under a provision of law other than paragraph 
        (1) shall not be considered an amount provided under 
        paragraph (1).
  (f) Applications.--
          (1) In general.--An eligible entity shall submit an 
        application to the Secretary at such time, in such 
        manner, and containing such information as the 
        Secretary may require.
          (2) Program description.--The Secretary shall 
        establish and update, as necessary--
                  (A) a description of the Program;
                  (B) the application procedures;
                  (C) performance metrics;
                  (D) criteria for determining qualified 
                applicants; and
                  (E) criteria for choosing recipients of 
                financial assistance from among the qualified 
                applicants.
                  (F) procedures for determining allowable cost 
                share contributions; and
                  (G) such other program policy objectives and 
                operational procedures as the Secretary 
                considers necessary.
          (3) Cost sharing.--
                  (A) In general.--To be considered for 
                financial assistance under this section, an 
                applicant shall provide adequate assurances 
                that the applicant and if applicable, the 
                applicant's partnering organizations, will 
                obtain funding for not less than 50 percent of 
                the capital and annual operating and 
                maintenance funds required to establish and 
                support the Center from sources other than the 
                financial assistance provided under subsection 
                (e).
                  (B) Agreements with other entities.--In 
                meeting the cost-sharing requirement under 
                subparagraph (A), an eligible entity may enter 
                into an agreement with 1 or more other 
                entities, such as a private industry, an 
                institution of higher education, or a State, 
                United States territory, local, or tribal 
                government for the contribution by that other 
                entity of funding if the Secretary determines 
                the agreement--
                          (i) is programmatically reasonable;
                          (ii) will help accomplish 
                        programmatic objectives; and
                          (iii) is allocable under Program 
                        procedures under subsection (f)(2).
          (4) Legal rights.--Each applicant shall include in 
        the application a proposal for the allocation of the 
        legal rights associated with any intellectual property 
        which may result from the activities of the Center.
          (5) Merit review of applications.--
                  (A) In general.--The Secretary shall subject 
                each application to merit review.
                  (B) Considerations.--In making a decision 
                whether to approve an application and provide 
                financial assistance under subsection (e), the 
                Secretary shall consider, at a minimum--
                          (i) the merits of the application, 
                        particularly those portions of the 
                        application regarding technology 
                        transfer, training and education, and 
                        adaptation of manufacturing 
                        technologies to the needs of particular 
                        industrial sectors;
                          (ii) the quality of service to be 
                        provided;
                          (iii) the geographical diversity and 
                        extent of the service area; and
                          (iv) the type and percentage of 
                        funding from other sources under 
                        paragraph (3).
  (g) Evaluations.--
          (1) Third and eighth year evaluations by panel.--
                  (A) In general.--The Secretary shall ensure 
                that each Center is evaluated during its third 
                and eighth years of operation by an evaluation 
                panel appointed by the Secretary.
                  (B) Composition.--The Secretary shall ensure 
                that each evaluation panel appointed under 
                subparagraph (A) is composed of--
                          (i) private experts, none of whom are 
                        connected with the Center evaluated by 
                        the panel; and
                          (ii) Federal officials.
                  (C) Chairperson.--For each evaluation panel 
                appointed under subparagraph (B), the Secretary 
                shall appoint a chairperson who is an official 
                of the Institute.
          (2) Fifth year evaluations by secretary.--In the 
        fifth year of operation of a Center, the Secretary 
        shall conduct a review of the Center.
          (3) Performance measurement.--In evaluating a Center 
        an evaluation panel or the Secretary, as applicable, 
        shall measure the performance of the Center against--
                  (A) the objective specified in subsection 
                (c);
                  (B) the performance metrics under subsection 
                (f)(2)(C); and
                  (C) such other criterion as considered 
                appropriate by the Secretary.
          (4) Positive evaluations.--If an evaluation of a 
        Center is positive, the Secretary may continue to 
        provide financial assistance for the Center--
                  (A) in the case of an evaluation occurring in 
                the third year of a Center, through the fifth 
                year of the Center;
                  (B) in the case of an evaluation occurring in 
                the fifth year of a Center, through the eighth 
                year of the Center; and
                  (C) in the case of an evaluation occurring in 
                the eighth year of a Center, through the tenth 
                year of the Center.
          (5) Other than positive evaluations.--
                  (A) Probation.--If an evaluation of a Center 
                is other than positive, the Secretary shall put 
                the Center on probation during the period 
                beginning on the date that the Center receives 
                notice under subparagraph (B)(i) and ending on 
                the date that the reevaluation is complete 
                under subparagraph (B)(iii).
                  (B) Notice and reevaluation.--If a Center 
                receives an evaluation that is other than 
                positive, the evaluation panel or Secretary, as 
                applicable, shall--
                          (i) notify the Center of the reason, 
                        including any deficiencies in the 
                        performance of the Center identified 
                        during the evaluation;
                          (ii) assist the Center in remedying 
                        the deficiencies by providing the 
                        Center, not less frequently than once 
                        every 3 months, an analysis of the 
                        Center, if considered appropriate by 
                        the panel or Secretary, as applicable; 
                        and
                          (iii) reevaluate the Center not later 
                        than 1 year after the date of the 
                        notice under clause (i).
                  (C) Continued support during period of 
                probation.--The Secretary may continue to 
                provide financial assistance under subsection 
                (e) for a Center during the probation period.
          (6) Failure to remedy.--
                  (A) In general.--If a Center fails to remedy 
                a deficiency or to show significant improvement 
                in performance before the end of the probation 
                period under paragraph (5), the Secretary shall 
                conduct a competition to select an operator for 
                the Center under subsection (h).
                  (B) Treatment of centers subject to new 
                competition.--Upon the selection of an operator 
                for a Center under subsection (h), the Center 
                shall be considered a new Center and the 
                calculation of the years of operation of that 
                Center for purposes of paragraphs (1) through 
                (5) of this subsection and subsection (h)(1) 
                shall start anew.
  (h) Reapplication Competition for Financial Assistance After 
10 Years.--
          (1) In general.--If an eligible entity has operated a 
        Center under this section for a period of 10 
        consecutive years, the Secretary shall conduct a 
        competition to select an eligible entity to operate the 
        Center in accordance with the process plan under 
        subsection (i).
          (2) Incumbent eligible entities.--An eligible entity 
        that has received financial assistance under this 
        section for a period of 10 consecutive years and that 
        the Secretary determines is in good standing shall be 
        eligible to compete in the competition under paragraph 
        (1).
          (3) Treatment of centers subject to reapplication 
        competition.--Upon the selection of an operator for a 
        Center under paragraph (1), the Center shall be 
        considered a new Center and the calculation of the 
        years of operation of that Center for purposes of 
        paragraphs (1) through (5) of subsection (g) shall 
        start anew.
  (i) Process Plan.--Not later than 180 days after the date of 
the enactment of the American Innovation and Competitiveness 
Act, the Secretary shall implement and submit to Congress a 
plan for how the Institute will conduct an evaluation, 
competition, and reapplication competition under this section.
  (j) Operational Requirements.--
          (1) Protection of confidential information of center 
        clients.--The following information, if obtained by the 
        Federal Government in connection with an activity of a 
        Center or the Program, shall be exempt from public 
        disclosure under section 552 of title 5, United States 
        Code:
                  (A) Information on the business operation of 
                any participant in the Program or of a client 
                of a Center.
                  (B) Trade secrets of any client of a Center.
  (k) Oversight Boards.--
          (1) In general.--As a condition on receipt of 
        financial assistance for a Center under subsection (e), 
        an eligible entity shall establish a board to oversee 
        the operations of the Center.
          (2) Standards.--
                  (A) In general.--The Director shall establish 
                appropriate standards for each board described 
                under paragraph (1).
                  (B) Considerations.--In establishing the 
                standards, the Director shall take into account 
                the type and organizational structure of an 
                eligible entity.
                  (C) Requirements.--The standards shall 
                address, at a minimum--
                          (i) membership;
                          (ii) composition;
                          (iii) term limits;
                          (iv) conflicts of interest; and
                          (v) whether to limit board members 
                        serving on multiple boards under this 
                        section.
          (3) Membership.--
                  (A) In general.--Each board established under 
                paragraph (1) shall be composed of members as 
                follows:
                          (i) The membership of each board 
                        shall be representative of stakeholders 
                        in the region in which the Center is 
                        located.
                          (ii) A majority of the members of the 
                        board shall be selected from among 
                        individuals who own or are employed by 
                        small or medium-sized manufacturers.
                  (B) Limitation.--A member of a board 
                established under paragraph (1) may not serve 
                on more than 1 board established under that 
                paragraph.
          (4) Bylaws.--
                  (A) In general.--Each board established under 
                paragraph (1) shall adopt and submit to the 
                Director bylaws to govern the operation of the 
                board.
                  (B) Conflicts of interest.--Bylaws adopted 
                under subparagraph (A) shall include policies 
                to minimize conflicts of interest, including 
                such policies relating to disclosure of 
                relationships and recusal as may be necessary 
                to minimize conflicts of interest.
  (l) Acceptance of Funds.--In addition to such sums as may be 
appropriated to the Secretary and Director to operate the 
Program, the Secretary and Director may also accept funds from 
other Federal departments and agencies and from the private 
sector under section 2(c)(7) of this Act (15 U.S.C. 272(c)(7)), 
to be available to the extent provided by appropriations Acts, 
for the purpose of strengthening United States manufacturing.
  (m) MEP Advisory Board.--
          (1) Establishment.--There is established within the 
        Institute a Manufacturing Extension Partnership 
        Advisory Board.
          (2) Membership.--
                  (A) Composition.--
                          (i) In general.--The MEP Advisory 
                        Board shall consist of not fewer than 
                        10 members appointed by the Director 
                        and broadly representative of 
                        stakeholders.
                          (ii) Requirements.--Of the members 
                        appointed under clause (i)--
                                  (I) at least 2 members shall 
                                be employed by or on an 
                                advisory board for a Center; 
                                and
                                  (II) at least 5 other members 
                                shall be from United States 
                                small businesses in the 
                                manufacturing sector.
                          (iii) Limitation.--No member of the 
                        MEP Advisory Board shall be an employee 
                        of the Federal Government.
                  (B) Term.--Except as provided in subparagraph 
                (C), the term of office of each member of the 
                MEP Advisory Board shall be 3 years.
                  (C) Vacancies.--Any member appointed to fill 
                a vacancy occurring prior to the expiration of 
                the term for which his predecessor was 
                appointed shall be appointed for the remainder 
                of such term.
                  (D) Serving consecutive terms.--Any person 
                who has completed 2 consecutive full terms of 
                service on the MEP Advisory Board shall 
                thereafter be ineligible for appointment during 
                the 1-year period following the expiration of 
                the second such term.
          (3) Meetings.--The MEP Advisory Board shall--
                  (A) meet not less than biannually; and
                  (B) provide to the Director--
                          (i) advice on the activities, plans, 
                        and policies of the Program;
                          (ii) assessments of the soundness of 
                        the plans and strategies of the 
                        Program; and
                          (iii) assessments of current 
                        performance against the plans of the 
                        Program.
          (4) FACA 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 (5 U.S.C. App.).
                  (B) Exception.--Section 14 of the Federal 
                Advisory Committee Act shall not apply to the 
                MEP Advisory Board.
          (5) Annual report.--
                  (A) In general.--At a minimum, the MEP 
                Advisory Board shall transmit an annual report 
                to the Secretary for transmittal to Congress 
                not later than 30 days after the submission to 
                Congress of the President's annual budget 
                request in each year.
                  (B) Contents.--The report shall address the 
                status of the Program and describe the relevant 
                sections of the programmatic planning document 
                and updates thereto transmitted to Congress by 
                the Director under subsections (c) and (d) of 
                section 23 (15 U.S.C. 278i).
  (n) Small Manufacturers.--
          (1) Evaluation of obstacles.--As part of the Program, 
        the Director shall--
                  (A) identify obstacles that prevent small 
                manufacturers from effectively competing in the 
                global market;
                  (B) implement a comprehensive plan to train 
                the Centers to address the obstacles identified 
                in paragraph (2); and
                  (C) facilitate improved communication between 
                the Centers to assist such manufacturers in 
                implementing appropriate, targeted solutions to 
                the obstacles identified in paragraph (2).
          (2) Development of open access resources.--As part of 
        the Program, the Secretary shall develop open access 
        resources that address best practices related to 
        inventory sourcing, supply chain management, 
        manufacturing techniques, available Federal resources, 
        and other topics to further the competitiveness and 
        profitability of small manufacturers.

SEC. 25A. COMPETITIVE AWARDS PROGRAM.

  (a) Establishment.--The Director shall establish within the 
Hollings Manufacturing Extension Partnership under section 25 
(15 U.S.C. 278k) and section 26 (15 U.S.C. 278l) a program of 
competitive awards among participants described in subsection 
(b) of this section for the purposes described in subsection 
(c).
  (b) Participants.--Participants receiving awards under this 
section shall be Centers, or a consortium of Centers.
  (c) Purpose, Themes, and Reimbursement.--
          (1) Purpose.--The purpose of the program established 
        under subsection (a) is to add capabilities to the 
        Hollings Manufacturing Extension Partnership, including 
        the development of projects to solve new or emerging 
        manufacturing problems as determined by the Director, 
        in consultation with the Director of the Hollings 
        Manufacturing Extension Partnership, the MEP Advisory 
        Board, other Federal agencies, and small and medium-
        sized manufacturers.
          (2) Themes.--The Director may identify 1 or more 
        themes for a competition carried out under this 
        section, which may vary from year to year, as the 
        Director considers appropriate after assessing the 
        needs of manufacturers and the success of previous 
        competitions.
          (3) Reimbursement.--Centers may be reimbursed for 
        costs incurred by the Centers under this section.
  (d) Applications.--Applications for awards under this section 
shall be submitted in such manner, at such time, and containing 
such information as the Director shall require in consultation 
with the MEP Advisory Board.
  (e) Selection.--
          (1) Peer review and competitively awarded.--The 
        Director shall ensure that awards under this section 
        are peer reviewed and competitively awarded.
          (2) Geographic diversity.--The Director shall 
        endeavor to have broad geographic diversity among 
        selected proposals.
          (3) Criteria.--The Director shall select applications 
        to receive awards that the Director determines will 
        achieve 1 or more of the following:
                  (A) Improve the competitiveness of industries 
                in the region in which the Center or Centers 
                are located.
                  (B) Create jobs or train newly hired 
                employees.
                  (C) Promote the transfer and 
                commercialization of research and technology 
                from institutions of higher education, national 
                laboratories or other Federally-funded research 
                programs, and nonprofit research institutes.
                  (D) Recruit a diverse manufacturing 
                workforce, including through outreach to women 
                and minorities.
                  (E) Such other result as the Director 
                determines will advance the objective set forth 
                in section 25(c) (15 U.S.C. 278k) or in section 
                26 (15 U.S.C. 278l).
  (f) Program Contribution.--Recipients of awards under this 
section shall not be required to provide a matching 
contribution.
  (g) Global Marketplace Projects.--In making an award under 
this section, the Director, in consultation with the MEP 
Advisory Board and the Secretary, may take into consideration 
whether an application has significant potential for enhancing 
the competitiveness of small and medium-sized United States 
manufacturers in the global marketplace.
  (h) Duration.--The duration of an award under this section 
shall be for not more than 3 years.
  (i) Definitions.--The terms used in this section have the 
meanings given the terms in section 25 (15 U.S.C. 278k).

SEC. 26. ASSISTANCE TO STATE TECHNOLOGY PROGRAMS.

                            [15 U.S.C. 278l]

  (a) In addition to the [Centers program created] Hollings 
Manufacturing Extension Partnership under section 25, the 
Secretary, through the Director and, if appropriate, through 
other officials, shall provide technical assistance to State 
technology programs throughout the United States, in order to 
help those programs help businesses, particularly small- and 
medium-sized businesses, to enhance their competitiveness 
through the application of science and technology.
  (b) Such assistance from the Institute to State technology 
programs shall include, but not be limited to--
          (1) technical information and advice from Institute 
        personnel;
          (2) workshops and seminars for State officials 
        interested in transferring Federal technology to 
        businesses; and
          (3) entering into cooperative agreements when 
        authorized to do so under this or any other Act.

[SEC. 28. TECHNOLOGY INNOVATION PROGRAM.

                            [15 U.S.C. 278n]

  [(a) Establishment.--There is established within the 
Institute a program linked to the purpose and functions of the 
Institute, to be known as the ``Technology Innovation Program'' 
for the purpose of assisting United States businesses and 
institutions of higher education or other organizations, such 
as national laboratories and nonprofit research institutions, 
to support, promote, and accelerate innovation in the United 
States through high-risk, high-reward research in areas of 
critical national need.
  [(b) External Funding.--
          [(1) In general.--The Director shall award 
        competitive, merit-reviewed grants, cooperative 
        agreements, or contracts to--
                  [(A) eligible companies that are small-sized 
                businesses or medium-sized businesses; or
                  [(B) joint ventures.
          [(2) Single company awards.--No award given to a 
        single company shall exceed $3,000,000 over 3 years.
          [(3) Joint venture awards.--No award given to a joint 
        venture shall exceed $9,000,000 over 5 years.
          [(4) Federal cost share.--The Federal share of a 
        project funded by an award under the program shall not 
        be more than 50 percent of total project costs.
          [(5) Prohibitions.--Federal funds awarded under this 
        program may be used only for direct costs and not for 
        indirect costs, profits, or management fees of a 
        contractor. Any business that is not a small-sized or 
        medium-sized business may not receive any funding under 
        this program.
  [(c) Award Criteria.--The Director shall only provide 
assistance under this section to an entity--
          [(1) whose proposal has scientific and technical 
        merit and may result in intellectual property vesting 
        in a United States entity that can commercialize the 
        technology in a timely manner;
          [(2) whose application establishes that the proposed 
        technology has strong potential to address critical 
        national needs through transforming the Nation's 
        capacity to deal with major societal challenges that 
        are not currently being addressed, and generate 
        substantial benefits to the Nation that extend 
        significantly beyond the direct return to the 
        applicant;
          [(3) whose application establishes that the research 
        has strong potential for advancing the state-of-the-art 
        and contributing significantly to the United States 
        science and technology knowledge base;
          [(4) whose proposal explains why Technology 
        Innovation Program support is necessary, including 
        evidence that the research will not be conducted within 
        a reasonable time period in the absence of financial 
        assistance under this section;
          [(5) whose application demonstrates that reasonable 
        efforts have been made to secure funding from 
        alternative funding sources and no other alternative 
        funding sources are reasonably available to support the 
        proposal; and
          [(6) whose application explains the novelty of the 
        technology and demonstrates that other entities have 
        not already developed, commercialized, marketed, 
        distributed, or sold similar technologies.
  [(d) Competitions.--The Director shall solicit proposals at 
least annually to address areas of critical national need for 
high-risk, high-reward projects.
  [(e) Intellectual Property Rights Ownership.--
          [(1) In general.--Title to any intellectual property 
        developed by a joint venture from assistance provided 
        under this section may vest in any participant in the 
        joint venture, as agreed by the members of the joint 
        venture, notwithstanding section 202 (a) and (b) of 
        title 35, United States Code. The United States may 
        reserve a nonexclusive, nontransferable, irrevocable 
        paid-up license, to have practice for or on behalf of 
        the United States in connection with any such 
        intellectual property, but shall not in the exercise of 
        such license publicly disclose proprietary information 
        related to the license. Title to any such intellectual 
        property shall not be transferred or passed, except to 
        a participant in the joint venture, until the 
        expiration of the first patent obtained in connection 
        with such intellectual property.
          [(2) Licensing.--Nothing in this subsection shall be 
        construed to prohibit the licensing to any company of 
        intellectual property rights arising from assistance 
        provided under this section.
          [(3) Definition.--For purposes of this subsection, 
        the term ``intellectual property'' means an invention 
        patentable under title 35, United States Code, or any 
        patent on such an invention, or any work for which 
        copyright protection is available under title 17, 
        United States Code.
  [(f) Program Operation.--Not later than 9 months after the 
date of the enactment of this section, the Director shall 
promulgate regulations--
          [(1) establishing criteria for the selection of 
        recipients of assistance under this section;
          [(2) establishing procedures regarding financial 
        reporting and auditing to ensure that awards are used 
        for the purposes specified in this section, are in 
        accordance with sound accounting practices, and are not 
        funding existing or planned research programs that 
        would be conducted within a reasonable time period in 
        the absence of financial assistance under this section; 
        and
          [(3) providing for appropriate dissemination of 
        Technology Innovation Program research results.
  [(g) Continuation of ATP Grants.--The Director shall, through 
the Technology Innovation Program, continue to provide support 
originally awarded under the Advanced Technology Program, in 
accordance with the terms of the original award and consistent 
with the goals of the Technology Innovation Program.
  [(h) Coordination With Other State and Federal Technology 
Programs.--In carrying out this section, the Director shall, as 
appropriate, coordinate with other senior State and Federal 
officials to ensure cooperation and coordination in State and 
Federal technology programs and to avoid unnecessary 
duplication of efforts.
  [(i) Acceptance of Funds From Other Federal Agencies.--In 
addition to amounts appropriated to carry out this section, the 
Secretary and the Director may accept funds from other Federal 
agencies to support awards under the Technology Innovation 
Program. Any award under this section which is supported with 
funds from other Federal agencies shall be selected and carried 
out according to the provisions of this section. Funds accepted 
from other Federal agencies shall be included as part of the 
Federal cost share of any project funded under this section.
  [(j) TIP Advisory Board.--
          [(1) Establishment.--There is established within the 
        Institute a TIP Advisory Board.
          [(2) Membership.--
                  [(A) In general.--The TIP Advisory Board 
                shall consist of 10 members appointed by the 
                Director, at least 7 of whom shall be from 
                United States industry, chosen to reflect the 
                wide diversity of technical disciplines and 
                industrial sectors represented in Technology 
                Innovation Program projects. No member shall be 
                an employee of the Federal Government.
                  [(B) Term.--Except as provided in 
                subparagraph (C) or (D), the term of office of 
                each member of the TIP Advisory Board shall be 
                3 years.
                  [(C) Classes.--The original members of the 
                TIP Advisory Board shall be appointed to 3 
                classes. One class of 3 members shall have an 
                initial term of 1 year, one class of 3 members 
                shall have an initial term of 2 years, and one 
                class of 4 members shall have an initial term 
                of 3 years.
                  [(D) Vacancies.--Any member appointed to fill 
                a vacancy occurring prior to the expiration of 
                the term for which his predecessor was 
                appointed shall be appointed for the remainder 
                of such term.
                  [(E) Serving consecutive terms.--Any person 
                who has completed 2 consecutive full terms of 
                service on the TIP Advisory Board shall 
                thereafter be ineligible for appointment during 
                the 1-year period following the expiration of 
                the second such term.
          [(3) Purpose.--The TIP Advisory Board shall meet not 
        less than 2 times annually, and provide the Director--
                  [(A) advice on programs, plans, and policies 
                of the Technology Innovation Program;
                  [(B) reviews of the Technology Innovation 
                Program's efforts to accelerate the research 
                and development of challenging, high-risk, 
                high-reward technologies in areas of critical 
                national need;
                  [(C) reports on the general health of the 
                program and its effectiveness in achieving its 
                legislatively mandated mission; and
                  [(D) guidance on investment areas that are 
                appropriate for Technology Innovation Program 
                funding;
          [(4) Advisory capacity.--In discharging its duties 
        under this subsection, the TIP Advisory Board shall 
        function solely in an advisory capacity, in accordance 
        with the Federal Advisory Committee Act.
  [(k) Definitions.--In this section--
          [(1) the term ``eligible company'' means a small-
        sized or medium-sized business that is incorporated in 
        the United States and does a majority of its business 
        in the United States, and that either--
                  [(A) is majority owned by citizens of the 
                United States; or
                  [(B) is owned by a parent company 
                incorporated in another country and the 
                Director finds that--
                          [(i) the company's participation in 
                        the Technology Innovation Program would 
                        be in the economic interest of the 
                        United States, as evidenced by--
                                  [(I) investments in the 
                                United States in research and 
                                manufacturing;
                                  [(II) significant 
                                contributions to employment in 
                                the United States; and
                                  [(III) agreement with respect 
                                to any technology arising from 
                                assistance provided under this 
                                section to promote the 
                                manufacture within the United 
                                States of products resulting 
                                from that technology; and
                          [(ii) the company is incorporated in 
                        a country which--
                                  [(I) affords to United 
                                States-owned companies 
                                opportunities, comparable to 
                                those afforded to any other 
                                company, to participate in any 
                                joint venture similar to those 
                                receiving funding under this 
                                section;
                                  [(II) affords to United 
                                States-owned companies local 
                                investment opportunities 
                                comparable to those afforded 
                                any other company; and
                                  [(III) affords adequate and 
                                effective protection for 
                                intellectual property rights of 
                                United States-owned companies;
          [(2) the term ``high-risk, high-reward research'' 
        means research that--
                  [(A) has the potential for yielding 
                transformational results with far-ranging or 
                wide-ranging implications;
                  [(B) addresses critical national needs within 
                the National Institute of Standards and 
                Technology's areas of technical competence; and
                  [(C) is too novel or spans too diverse a 
                range of disciplines to fare well in the 
                traditional peer-review process;
          [(3) the term ``institution of higher education'' has 
        the meaning given that term in section 101 of the 
        Higher Education Act of 1965 (20 U.S.C. 1001);
          [(4) the term ``joint venture'' means a joint venture 
        that--
                  [(A) includes either--
                          [(i) at least 2 separately owned for-
                        profit companies that are both 
                        substantially involved in the project 
                        and both of which are contributing to 
                        the cost-sharing required under this 
                        section, with the lead entity of the 
                        joint venture being one of those 
                        companies that is a small-sized or 
                        medium-sized business; or
                          [(ii) at least 1 small-sized or 
                        medium-sized business and 1 institution 
                        of higher education or other 
                        organization, such as a national 
                        laboratory or nonprofit research 
                        institute, that are both substantially 
                        involved in the project and both of 
                        which are contributing to the cost-
                        sharing required under this section, 
                        with the lead entity of the joint 
                        venture being either that small-sized 
                        or medium-sized business or that 
                        institution of higher education; and
                  [(B) may include additional for-profit 
                companies, institutions of higher education, 
                and other organizations, such as national 
                laboratories and nonprofit research institutes, 
                that may or may not contribute non-Federal 
                funds to the project; and
          [(5) the term ``TIP Advisory Board'' means the 
        advisory board established under subsection (j).]

                    SMALL BUSINESS JOBS ACT OF 2010

                  [Public Law 111-240; 124 Stat. 2504]

SEC. 4226. HOLLINGS MANUFACTURING PARTNERSHIP PROGRAM; TECHNOLOGY 
                    INNOVATION PROGRAM.

[15 U.S.C. 278n note]

           *       *       *       *       *       *       *

  [(b) Technology Innovation Program.--In awarding grants, 
cooperative agreements, or contracts under section 28 of the 
National Institute of Standards and Technology Act (15 U.S.C. 
278n), in addition to the award criteria set forth in 
subsection (c) of that section, the Director of the National 
Institute of Standards and Technology may take into 
consideration whether an application has significant potential 
for enhancing the competitiveness of small- and medium-sized 
businesses in the United States in the global marketplace. The 
Director shall consult with the Technology Innovation Program 
Advisory Board and the Secretary of Commerce in implementing 
this subsection.]

           STEVENSON-WYDLER TECHNOLOGY INNOVATION ACT OF 1980

                        [15 U.S.C. 3701 et seq.]

SEC. 8. GRANTS AND COOPERATIVE AGREEMENTS.

                            [15 U.S.C. 3706]

  (a) In General.--The Secretary may make grants and enter into 
cooperative agreements according to the provisions of this 
section in order to assist any activity consistent with this 
Act, including activities performed by individuals. [The total 
amount of any such grant or cooperative agreement may not 
exceed 75 percent of the total cost of the program.]
  (b) Eligibility and Procedure.--Any person or institution may 
apply to the Secretary for a grant or cooperative agreement 
available under this section. Application shall be made in such 
form and manner, and with such content and other submissions, 
as the Assistant Secretary shall prescribe. The Secretary shall 
act upon each such application within 90 days after the date on 
which all required information is received.
  (c) Terms and Conditions.--
          (1) Any grant made, or cooperative agreement entered 
        into, under this section shall be subject to the 
        limitations and provisions set forth in paragraph (2) 
        of this subsection, and to such other terms, 
        conditions, and requirements as the Secretary deems 
        necessary or appropriate.
          (2) Any person who receives or utilizes any proceeds 
        of any grant made or cooperative agreement entered into 
        under this section shall keep such records as the 
        Secretary shall by regulation prescribe as being 
        necessary and appropriate to facilitate effective audit 
        and evaluation, including records which fully disclose 
        the amount and disposition by such recipient of such 
        proceeds, the total cost of the program or project in 
        connection with which such proceeds were used, and the 
        amount, if any, of such costs which was provided 
        through other sources.

SEC. 24. PRIZE COMPETITIONS.

                            [15 U.S.C. 3719]

  (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] Prize Competitions.--For purposes of this 
section, a [prize may be one or more of the following] prize 
competition may be 1 or more of the following types of 
activities:
          (1) A point solution prize that rewards and spurs the 
        development of solutions for a particular, well-defined 
        problem.
          (2) An exposition prize competition 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] prize competitions 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] prize competitions 
        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] on a publicly accessible Government 
website, such as www.challenge.gov, announcing--
          (1) the subject of the prize competition;
          (2) the rules for being eligible to participate in 
        the prize competition;
          (3) the process for participants to register for the 
        prize competition;
          (4) the amount of the [prize] cash prize purse or 
        non-cash prize award; and
          (5) the basis on which a winner will be selected.
  (g) Eligibility.--To be eligible to win a [prize] cash prize 
purse under this section, an individual or entity--
          (1) shall have registered to participate in the prize 
        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 prize competition if 
the facilities and employees are made available to all 
individuals and entities participating in the prize 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 prize 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 prize 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 prize competition 
                activities; and
                  (B) the Federal Government for damage or loss 
                to Government property resulting from such an 
                activity.
          (3) Waivers.--
                  (A) In general.--An agency may waive the 
                requirement under paragraph (2).
                  (B) List.--The Director shall include a list 
                of all of the waivers granted under this 
                paragraph during the preceding fiscal year, 
                including a detailed explanation of the reason 
                for granting the waiver.
          [(3)](4) 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 prize 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.]
          (2) Licenses.--As appropriate and to further the 
        goals of a prize competition, the Federal Government 
        may--
                  (A) negotiate a license for the use of 
                intellectual property developed by a registered 
                participant in a prize competition; or
                  (B) require a registered participant in a 
                prize competition to provide an open license to 
                the public for the use of the intellectual 
                property if that requirement is disclosed prior 
                to registration.
          (3) Electronic consent.--The Federal Government may 
        obtain consent to the intellectual property and 
        licensing terms of a prize competition from 
        participants during the online registration for the 
        prize competition.
  (k) Judges.--
          (1) In general.--For [each competition] each prize 
        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] each prize 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 prize 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 
        prize competitions under this section shall develop 
        guidelines to ensure that the judges appointed for such 
        prize 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.] a grant, contract, cooperative agreement, or 
other agreement with a private sector for-profit or nonprofit 
entity or State or local government agency to administer the 
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.]
          (1) In general.--Support for a prize competition 
        under this section, including financial support for the 
        design and administration of a prize competition or 
        funds for a cash prize purse, may consist of Federal 
        appropriated funds and funds provided by private sector 
        for-profit and nonprofit entities. The head of an 
        agency may request and accept funds from other Federal 
        agencies, State, United States territory, local, or 
        tribal government agencies, private sector for-profit 
        entities, and nonprofit entities, to be available to 
        the extent provided by appropriations Acts, to support 
        such prize competitions. The head of an agency may not 
        give any special consideration to any agency or entity 
        in return for a donation.
          (2) Availability of funds.--Notwithstanding any other 
        provision of law, funds appropriated for [prize awards] 
        cash prize purses or non-cash 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.]
                  (A) Announcement.--No prize competition may 
                be announced under subsection (f) until all the 
                funds needed to pay out the announced amount of 
                the cash prize purse have been appropriated or 
                committed in writing by a private or State, 
                United States territory, local, or tribal 
                government source.
                  (B) Increase in amount.--The head of an 
                agency may increase the amount of [a prize] a 
                cash prize purse or non-cash prize award 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 
                        competition; and
                          (ii) the funds needed to pay out the 
                        announced amount of the increase have 
                        been appropriated or committed in 
                        writing by a private o r State, United 
                        States territory, local, or tribal 
                        government source.
          (4) Limitation on amount.--
                  (A) Notice to congress.--No prize competition 
                under this section may offer [a prize] a cash 
                prize purse or a non-cash prize award 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] 
                Science, Space, 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] cash prize purses or non-cash prize 
                awards without the approval of the head of an 
                agency.
  (n) General [Service] Services Administration Assistance.--
Not later than 180 days after the date of [the enactment of the 
America COMPETES Reauthorization Act of 2010,] the date of 
enactment of the American Innovation and Competitiveness Act, 
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 for both for-profit and nonprofit entities and State, 
United States territory, local, and tribal government entities, 
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] a prize 
        competition or providing a cash prize purse or non-cash 
        prize award 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] Biennial Report.--
          (1) In general.--Not later than March 1 of [each 
        year] every other year, the Director shall submit to 
        the Committee on Commerce, Science, and Transportation 
        of the Senate and the Committee on [Science and 
        Technology] Science, Space, and Technology of the House 
        of Representatives a report on the activities carried 
        out during the preceding [fiscal year] 2 fiscal years 
        under the authority in subsection (b).
          (2) Information included.--[The report for a fiscal 
        year] A report 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] prize purses or 
                non-cash prize awards.--The total amount of 
                [cash prizes] cash prize purses or non-cash 
                prize awards 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] cash prize 
                purses or non-cash prize awards 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.
                  (G) Plan.--A description of crosscutting 
                topical areas and agency-specific mission needs 
                that may be the strongest opportunities for 
                prize competitions during the upcoming 2 fiscal 
                years.

SEC. 26. FEDERAL LOAN GUARANTEES FOR INNOVATIVE TECHNOLOGIES IN 
                    MANUFACTURING.

[15 U.S.C. 3721]

           *       *       *       *       *       *       *

  (o) Coordination and Nonduplication.--
          (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 loan guarantee programs 
        within the Federal Government.
          (2) Access to capital.--The Secretary, in 
        coordination with the Small Business Administration and 
        the National Institute of Standards and Technology, 
        shall identify any gaps in the access of small- or 
        medium-sized manufacturers to capital for the use or 
        production of innovative technologies that the program 
        could fill, and develop marketing materials and conduct 
        outreach to target those gaps.

           *       *       *       *       *       *       *

SEC. 27. REGIONAL INNOVATION PROGRAM.

[15 U.S.C. 3722]

           *       *       *       *       *       *       *

  (g) Funding.--
          (1) General rule.--Except as provided in paragraph 
        (2), no funds are authorized to be appropriated by the 
        Revitalize American Manufacturing and Innovation Act of 
        2014 for carrying out this section.
          [(2) Authority.--To the extent provided for in 
        advance by appropriations Acts, the Secretary may use 
        not to exceed $10,000,000 for each of the fiscal years 
        2015 through 2019 to carry out this section from 
        amounts appropriated for economic development 
        assistance programs.]
          (2) Authorization levels.--From amounts appropriated 
        for economic development assistance programs, the 
        Secretary may use $30,000,000 for each of the fiscal 
        years 2017 and 2018 for grants under this section.

SEC. 28. STEM APPRENTICESHIP PROGRAMS.

  (a) In General.--The Secretary of Commerce may carry out a 
grant program to identify the need for skilled science, 
technology, engineering, and mathematics (referred to in this 
section as ``STEM'') workers and to expand STEM apprenticeship 
programs.
  (b) Eligible Recipient Defined.--In this section, the term 
``eligible recipient'' means--
          (1) a State;
          (2) an Indian tribe;
          (3) a city or other political subdivision of a State;
          (4) an entity that--
                  (A) 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
                  (B) has an application that is supported by a 
                State, a political subdivision of a State, or a 
                native organization; or
          (5) a consortium of any of the entities described in 
        paragraphs (1) through (5).
  (c) Needs Assessment Grants.--The Secretary of Commerce may 
provide a grant to an eligible recipient to conduct a needs 
assessment to identify--
          (1) the unmet need of a region's employer base for 
        skilled STEM workers;
          (2) the potential of STEM apprenticeships to address 
        the unmet need described in paragraph (1); and
          (3) any barriers to addressing the unmet need 
        described in paragraph (1).
  (d) Apprenticeship Expansion Grants.--The Secretary of 
Commerce may provide a grant to an eligible recipient that has 
conducted a needs assessment as described in subsection (c)(1) 
to develop infrastructure to expand STEM apprenticeship 
programs.

                 TECHNOLOGY ADMINISTRATION ACT OF 1998

                  [Public Law 105-309; 112 Stat. 2935]

SEC. 6. ENHANCEMENT OF SCIENCE AND MATHEMATICS PROGRAMS.

                          [15 U.S.C. 272 note]

  (a) Definitions.--In this section--
          (1) Educationally useful federal equipment.--The term 
        ``educationally useful Federal equipment'' means 
        computers and related peripheral tools and research 
        equipment that is appropriate for use in schools.
          (2) School.--The term ``school'' means a public or 
        private educational institution that serves any of the 
        grades of kindergarten through grade 12.
  (b) Sense of the Congress.--
          [(1) In general].--It is the sense of the Congress 
        that the Director of the National Institute of 
        Standards and Technology should, to the greatest extent 
        practicable and in a manner consistent with applicable 
        Federal law (including Executive Order No. 12999), 
        donate educationally useful Federal equipment to 
        schools in order to enhance the science and mathematics 
        programs of those schools.
          [(2) Reports.--
                  [(A) In general.--Not later than 1 year after 
                the date of the enactment of this Act, and 
                annually thereafter, the Director of the 
                National Institute of Standards and Technology 
                shall prepare and submit to the President a 
                report. The President shall submit the report 
                to Congress at the same time as the President 
                submits a budget request to Congress under 
                section 1105(a) of title 31, United States 
                Code.
                  [(B) Contents of report.--The report prepared 
                by the Director under this paragraph shall 
                describe any donations of educationally useful 
                Federal equipment to schools made during the 
                period covered by the report.]

                 HIGH-PERFORMANCE COMPUTING ACT OF 1991

                        [15 U.S.C. 5501 et seq.]

SEC. 2. FINDINGS.

                            [15 U.S.C. 5501]

  The Congress finds the following:
          (1) Advances in computer science and technology are 
        vital to the Nation's prosperity, national and economic 
        security, industrial production, engineering, and 
        scientific advancement.
          (2) The United States currently leads the world in 
        the development and use of [high-performance computing] 
        networking and information technology, including high-
        performance computing, for national security, 
        industrial productivity, science, and engineering, but 
        that lead is being challenged by foreign competitors.
          (3) Further research and development, expanded 
        educational programs, improved computer research 
        networks, and more effective technology transfer from 
        government to industry are necessary for the United 
        States to reap fully the benefits of [high-performance 
        computing] networking and information technology, 
        including high-performance computing.
          (4) A high-capacity, flexible, high-speed national 
        research and education computer network is needed to 
        provide researchers and educators with access to 
        computational and information resources, act as a test 
        bed for further research and development for high-
        capacity and high-speed computer networks, and provide 
        researchers the necessary vehicle for continued network 
        technology improvement through research.
          (5) Several Federal agencies have ongoing [high-
        performance computing] networking and information 
        technology, including high-performance computing, 
        programs, but improved long-term interagency 
        coordination, cooperation, and planning would enhance 
        the effectiveness of these programs.
          (6) A 1991 report entitled ``Grand Challenges: High-
        Performance Computing and Communications'' by the 
        Office of Science and Technology Policy, outlining a 
        research and development strategy for high-performance 
        computing, provides a framework for a multiagency high-
        performance computing program. Such a program would 
        provide American researchers and educators with the 
        computer and information resources they need, and 
        demonstrate how advanced computers, high-capacity and 
        high-speed networks, and electronic data bases can 
        improve the national information infrastructure for use 
        by all Americans.
          (7) Additional research must be undertaken to lay the 
        foundation for the development of new applications that 
        can result in economic growth, improved health care, 
        and improved educational opportunities.
          (8) Research in new networking technologies holds the 
        promise of easing the economic burdens of information 
        access disproportionately borne by rural users of the 
        Internet.
          (9) Information security is an important part of 
        computing, information, and communications systems and 
        applications, and research into security architectures 
        is a critical aspect of computing, information, and 
        communications research programs.

SEC. 3. PURPOSES.

                            [15 U.S.C. 5502]

  The purposes of this Act are to help ensure the continued 
leadership of the United States in [high-performance computing] 
networking and information technology and its applications by--
          (1) expanding Federal support for research, 
        development, and application of [high-performance 
        computing] networking and information technology in 
        order to--
                  (A) expand the number of researchers, 
                educators, and students with training in [high-
                performance computing] networking and 
                information technology and access to [high-
                performance computing] networking and 
                information technology resources;
                  (B) promote the further development of an 
                information infrastructure of data bases, 
                services, access mechanisms, and research 
                facilities available for use through the 
                Internet;
                  (C) stimulate research on software 
                technology;
                  (D) promote the more rapid development and 
                wider distribution of computing software tools 
                and applications software;
                  (E) accelerate the development of computing 
                systems and subsystems;
                  (F) provide for the application of [high-
                performance computing] networking and 
                information technology to Grand Challenges;
                  (G) invest in basic research and education, 
                and promote the inclusion of [high-performance 
                computing] netw orking and information 
                technology into educational institutions at all 
                levels; and
                  (H) promote greater collaboration among 
                government, Federal laboratories, industry, 
                high-performance computing centers, and 
                universities;
          (2) improving the interagency planning and 
        coordination of Federal research and development on 
        [high-performance computing and] networking and 
        information technology and maximizing the effectiveness 
        of the Federal Government's [high-performance computing 
        network] networking and information technology research 
        and development programs;
          (3) promoting the more rapid development and wider 
        distribution of networking management and development 
        tools; and
          (4) promoting the rapid adoption of open network 
        standards.

SEC. 4. DEFINITIONS.

                            [15 U.S.C. 5503]

  As used in this Act, the term--
          (1) ``Director'' means the Director of the Office of 
        Science and Technology Policy;
          (2) ``Grand Challenge'' means a fundamental problem 
        in science or engineering, with broad economic and 
        scientific impact, whose solution will require the 
        application of [high-performance computing]  networking 
        and information technology resources and 
        multidisciplinary teams of researchers;
          [(4)](3) ``Internet'' means the international 
        computer network of both Federal and non-Federal 
        interoperable data networks;
          [(3)](4) ``[high-performance computing] networking 
        and information technology'' means advanced computing, 
        communications, and information technologies, including 
        supercomputer systems, high-capacity and high-speed 
        networks, special purpose and experimental systems, 
        applications and systems software, and the management 
        of large data sets;
          [(5) ``Network'' means a computer network referred to 
        as the National Research and Education Network 
        established under section 102;]
          [(6)](5) ``Program'' means the [National High-
        Performance Computing]  Networking and Information 
        Technology Research and Development Program described 
        in section 101; and
          [(7)](6) ``Program Component Areas'' means the major 
        subject areas under which related individual projects 
        and activities carried out under the Program are 
        grouped.

SEC. 101. [NATIONAL HIGH-PERFORMANCE COMPUTING] NETWORKING AND 
                    INFORMATION TECHNOLOGY RESEARCH AND DEVELOPMENT 
                    PROGRAM.

                            [15 U.S.C. 5511]

  (a) [National High-Performance Computing]  Networking and 
Information Technology Research and Development Program.--
          (1) In general.--The President shall implement a 
        [National High-Performance Computing]  Networking and 
        Information Technology and Development Program, which 
        shall--
                  (A) provide for long-term basic and applied 
                research on [high-performance computing, 
                including networking]  networking and 
                information technology;
                  (B) provide for research and development on, 
                and demonstration of, technologies to advance 
                the capacity and capabilities of [high-
                performance computing]  high-end computing, 
                including high-performance computing, and 
                networking systems, and related software;
                  (C) provide for sustained access by the 
                research community throughout the United States 
                to [high-performance computing]  high-end 
                computing, including high-performance 
                computing, and networking systems that are 
                among the most advanced in the world in terms 
                of performance in solving scientific and 
                engineering problems, including provision for 
                technical support for users of such systems;
                  (D) provide for widely dispersed efforts to 
                increase software availability, productivity, 
                capability, security, portability, and 
                reliability;
                  (E) provide for high-performance networks, 
                including experimental testbed networks, to 
                enable research and development on, and 
                demonstration of, advanced applications enabled 
                by such networks;
                  (F) provide for computational science and 
                engineering research on mathematical modeling 
                and algorithms for applications in all fields 
                of science and engineering;
                  (G) provide for the technical support of, and 
                research and development on, [high-performance 
                computing]  networking and information 
                technology, including high-performance 
                computing, systems and software required to 
                address Grand Challenges;
                  (H) provide for educating and training 
                additional undergraduate and graduate students 
                in software engineering, computer science, 
                computer and network security, applied 
                mathematics, library and information science, 
                and computational science; [and]
                  (I) provide for improving the security of 
                computing and networking systems, including 
                Federal systems, including providing for 
                research required to establish security 
                standards and practices for these systems[.];
                  (J) provide for research on the interplay of 
                computing and people, including social 
                computing and human-robot interaction;
                  (K) provide for research on cyber-physical 
                systems and improving the methods available for 
                the design, development, and operation of those 
                systems that are characterized by high 
                reliability, safety, and security;
                  (L) provide for the understanding of the 
                science, engineering, policy, and privacy 
                protection related to networking and 
                information technology;
                  (M) provide for the understanding of the 
                human facets of cyber threats and secure cyber 
                systems;
                  (N) provide for the transition of high-
                performance computing in hardware, system 
                software, development tools, and applications 
                into development and operations; and
                  (O) foster public-private collaboration with 
                government, industry research laboratories, 
                academia, and nonprofit organizations to 
                maximize research and development efforts and 
                the benefits of networking and information 
                technology, including high-performance 
                computing.
          (2) Requirements.--The Director shall--
                  (A) establish the goals and priorities for 
                Federal [high-performance computing research, 
                development, networking]  networking and 
                information technology research and 
                development, and other activities;
                  (B) establish Program Component Areas that 
                implement the goals established under 
                subparagraph (A), and identify the Grand 
                Challenges that the Program should address;
                  [(C) provide for interagency coordination of 
                Federal high-performance computing research, 
                development, networking, and other activities 
                undertaken pursuant to the Program;]
                  (C) provide for the coordination of Federal 
                networking and information technology research, 
                development, networking, and other activities--
                          (i) among the applicable agencies and 
                        departments under the Program; and
                          (ii) to the extent practicable, with 
                        other Federal agencies not identified 
                        in subsection (a)(3)(B), other Federal 
                        and private research laboratories, 
                        industry, research entities, 
                        universities, institutions of higher 
                        education, relevant nonprofit 
                        organizations, and international 
                        partners of the United States;
                  (D) submit to the Congress an annual report, 
                along with the President's annual budget 
                request, describing the implementation of the 
                Program;
                  (E) develop and maintain a research, 
                development, and deployment roadmap covering 
                all States and regions for the provision of 
                [high-performance computing and networking 
                systems]  high-end computing and networking 
                systems under paragraph (1)(C); and
                  (F) consult with academic, State, industry, 
                and other appropriate groups conducting 
                research on and using [high-performance 
                computing]  high-end, including high-
                performance, computing.
          (3) Contents of annual reports.--The annual report 
        submitted under paragraph (2)(D) shall--
                  (A) provide a detailed description of the 
                Program Component Areas, including a 
                description of any changes in the definition of 
                or activities under the Program Component Areas 
                from the preceding report, and the reasons for 
                such changes, and a description of Grand 
                Challenges addressed under the Program;
                  (B) set forth the relevant programs and 
                activities, for the fiscal year with respect to 
                which the budget submission applies, of each 
                Federal agency and department, including--
                          [(i) the Department of Agriculture;
                          [(ii) the Department of Commerce;
                          [(iii) the Department of Defense;
                          [(iv) the Department of Education;
                          [(v) the Department of Energy;
                          [(vi) the Department of Health and 
                        Human Services;
                          [(vii) the Department of the 
                        Interior;
                          [(viii) the Environmental Protection 
                        Agency;
                          [(ix) the National Aeronautics and 
                        Space Administration;
                          [(x) the National Science Foundation; 
                        and
                          [(xi) such other agencies and 
                        departments as the President or the 
                        Director considers appropriate;]
                          (i) the Department of Commerce;
                          (ii) the Department of Defense;
                          (iii) the Department of Education;
                          (iv) the Department of Energy;
                          (v) the Department of Health and 
                        Human Services;
                          (vi) the Department of Homeland 
                        Security;
                          (vii) the Department of Justice;
                          (viii) the Environmental Protection 
                        Agency;
                          (ix) the National Aeronautics and 
                        Space Administration;
                          (x) the National Archives and Records 
                        Administration;
                          (xi) the National Science Foundation; 
                        and
                          (xii) such other agencies and 
                        departments as the President or the 
                        Director considers appropriate;
                  (C) describe the levels of Federal funding 
                for the fiscal year during which such report 
                [is submitted,]  is submitted, the levels for 
                the previous fiscal year, and the levels 
                proposed for the fiscal year with respect to 
                which the budget submission applies, for each 
                Program Component Area;
                  (D) describe the levels of Federal funding 
                for each agency and department participating in 
                the Program, and for each Program Component 
                Area, for the fiscal year during which such 
                report [is submitted,] is submitted, the levels 
                for the previous fiscal year, and the levels 
                proposed for the fiscal year with respect to 
                which the budget submission applies; [and]
                  (E) include a description of how the 
                objectives for each Program Component Area, and 
                the objectives for activities that involve 
                multiple Program Component Areas, relate to the 
                objectives of the Program identified in the 
                strategic plan under subsection (e);
                  [(E)](F) include an analysis of the progress 
                made toward achieving the goals and priorities 
                established for the Program and the extent to 
                which the Program incorporates the 
                recommendations of the advisory committee 
                established under subsection (b).
  (b) Advisory Committee.--
          (1) Advisory committee.--The President shall 
        establish an advisory committee on [high-performance 
        computing]  networking and information technology, 
        consisting of geographically dispersed non-Federal 
        members, including representatives of the research, 
        education, and library communities, network and related 
        software providers, and industry representatives in the 
        Program Component Areas, who are specially qualified to 
        provide the Director with advice and information on 
        [high-performance computing] networking and information 
        technology. The recommendations of the advisory 
        committee shall be considered in reviewing and revising 
        the Program. The advisory committee shall provide the 
        Director with an independent assessment of--
                  (A) progress made in implementing the 
                Program;
                  (B) the need to revise the Program;
                  (C) the balance between the components of the 
                Program, including funding levels for the 
                Program Component Areas;
                  (D) whether the research and development 
                undertaken pursuant to the Program is helping 
                to maintain United States leadership in high-
                performance computing, networking technology, 
                and related software; and
                  (E) other issues identified by the Director.
          (2) Additional duties.--In addition to the duties 
        outlined in paragraph (1), the advisory committee shall 
        conduct periodic evaluations of the funding, 
        management, coordination, implementation, and 
        activities of the Program. The advisory committee shall 
        report not less frequently than once every 2 fiscal 
        years to the [Committee on Science and Technology]  
        Committee on Science, Space, and Technology of the 
        House of Representatives and the Committee on Commerce, 
        Science, and Transportation of the Senate on its 
        findings and recommendations. The first report shall be 
        due within 1 year after the date of enactment of the 
        America COMPETES Act.
          (3) FACA.--Section 14 of the Federal Advisory 
        Committee Act shall not apply to the advisory committee 
        established under this subsection.
  (c) Office of Management and Budget.--
          (1) Reports.--Each Federal agency and department 
        participating in the Program shall, as part of its 
        annual request for appropriations to the Office of 
        Management and Budget, submit a report to the Office of 
        Management and Budget which--
                  (A) identifies each element of its [high-
                performance computing]  networking and 
                information technology activities which 
                contributes directly to the Program Component 
                Areas or benefits from the Program; and
                  (B) states the portion of its request for 
                appropriations that is allocated to each such 
                element.
          (2) OMB review.--The Office of Management and Budget 
        shall review each such report in light of the goals, 
        priorities, and agency and departmental 
        responsibilities set forth in the annual report 
        submitted under subsection (a)(2)(D), and shall 
        include, in the President's annual budget estimate, a 
        statement of the portion of each appropriate agency's 
        or department's annual budget estimate relating to its 
        activities undertaken pursuant to the Program.
  (d) Periodic Reviews.--The heads of the applicable agencies 
and departments working through the National Science and 
Technology Council and the Networking and Information 
Technology Research and Development Program shall--
          (1) not later than 1 year after the date the advisory 
        committee submits a report under subsection (b)(2), 
        assess the structure of the Program, including the 
        Program Component Areas and associated contents and 
        funding levels, taking into consideration any relevant 
        recommendations of the advisory committee; and
          (2) ensure that the Program includes foundational and 
        interdisciplinary information technology research and 
        development activities.
  (e) Strategic Plans.--
          (1) In general.--The heads of the applicable agencies 
        and departments, working through the National Science 
        and Technology Council and the Networking and 
        Information Technology Research and Development Program 
        shall develop and implement strategic plans to guide 
        emerging activities in specific Program Component 
        Areas, as the advisory committee determines relevant 
        under subsection (b), of Federal networking and 
        information technology research and development, and to 
        guide the activities described in subsection (a)(1).
          (2) Updates.--The heads of the applicable agencies 
        and departments shall update the strategic plans as 
        appropriate.
          (3) Contents.--Each strategic plan shall--
                  (A) specify near-term and long-term 
                objectives for the Program, the anticipated 
                schedule for achieving the near-term and long-
                term objectives, and the metrics to be used for 
                assessing progress toward the near-term and 
                long-term objectives;
                  (B) specify how the near-term and long-term 
                objectives complement research and development 
                areas in which academia and the private sector 
                is actively engaged;
                  (C) describe how the heads of the applicable 
                agencies and departments will support 
                mechanisms for foundational and 
                interdisciplinary research and development in 
                networking and information technology, 
                including through collaborations--
                          (i) across Federal agencies and 
                        departments;
                          (ii) across Program Component Areas; 
                        and
                          (iii) with industry, Federal and 
                        private research laboratories, research 
                        entities, universities, institutions of 
                        higher education, relevant nonprofit 
                        organizations, and international 
                        partners of the United States;
                  (D) describe how the heads of the applicable 
                agencies and departments will foster the rapid 
                transfer of research and development results 
                into new technologies and applications;
                  (E) describe how the Program will address 
                long-term challenges for which solutions 
                require large-scale, long-term, foundational 
                and interdisciplinary research and development; 
                and
                  (F) place emphasis on innovative and high-
                risk projects having the potential for 
                substantial societal returns on the research 
                investment.
          (4) Private sector efforts.--In developing, 
        implementing, and updating strategic plans, the heads 
        of the applicable agencies and departments, working 
        through the National Science and Technology Council and 
        Networking and Information Technology Research and 
        Development Program, shall coordinate with industry, 
        academia, and other interested stakeholders to ensure, 
        to the extent practicable, that the Federal networking 
        and information technology research and development 
        activities carried out under this section do not 
        duplicate the efforts of the private sector.
          (5) Recommendations.--In developing and updating 
        strategic plans, the heads of the applicable agencies 
        and departments shall solicit recommendations and 
        advice from--
                  (A) the advisory committee under subsection 
                (b); and
                  (B) a wide range of stakeholders, including 
                industry, academia, including representatives 
                of minority serving institutions and community 
                colleges, National Laboratories, and other 
                relevant organizations and institutions.
  (f) Reports.--The heads of the applicable agencies and 
departments, working through the National Science and 
Technology Council and the Networking and Information 
Technology Research and Development Program, shall submit to 
the advisory committee, the Committee on Commerce, Science, and 
Transportation of the Senate, and the Committee on Science, 
Space, and Technology of the House of Representatives--
          (1) the strategic plans developed under subsection 
        (e)(1); and
          (2) each update under subsection (e)(2).
  (g) Definition of Applicable Agencies and Departments.--In 
this section, the term ``applicable agencies and departments'' 
means the Federal agencies and departments identified in 
subsection (a)(3)(B) or designated under clause (xii) of that 
subsection.

[SEC. 102. NATIONAL RESEARCH AND EDUCATION NETWORK.

                            [15 U.S.C. 5512]

  [(a) Establishment.--As part of the Program, the National 
Science Foundation, the Department of Defense, the Department 
of Energy, the Department of Commerce, the National Aeronautics 
and Space Administration, and other agencies participating in 
the Program shall support the establishment of the National 
Research and Education Network, portions of which shall, to the 
extent technically feasible, be capable of transmitting data at 
one gigabit per second or greater by 1996. The Network shall 
provide for the linkage of research institutions and 
educational institutions, government, and industry in every 
State.
  [(b) Access.--Federal agencies and departments shall work 
with private network service providers, State and local 
agencies, libraries, educational institutions and 
organizations, and others, as appropriate, in order to ensure 
that the researchers, educators, and students have access, as 
appropriate, to the Network. The Network is to provide users 
with appropriate access to high-performance computing systems, 
electronic information resources, other research facilities, 
and libraries. The Network shall provide access, to the extent 
practicable, to electronic information resources maintained by 
libraries, research facilities, publishers, and affiliated 
organizations.
  [(c) Network Characteristics.--The Network shall--
          [(1) be developed and deployed with the computer, 
        telecommunications, and information industries;
          [(2) be designed, developed, and operated in 
        collaboration with potential users in government, 
        industry, and research institutions and educational 
        institutions;
          [(3) be designed, developed, and operated in a manner 
        which fosters and maintains competition and private 
        sector investment in high-speed data networking within 
        the telecommunications industry;
          [(4) be designed, developed, and operated in a manner 
        which promotes research and development leading to 
        development of commercial data communications and 
        telecommunications standards, whose development will 
        encourage the establishment of privately operated high-
        speed commercial networks;
          [(5) be designed and operated so as to ensure the 
        continued application of laws that provide network and 
        information resources security measures, including 
        those that protect copyright and other intellectual 
        property rights, and those that control access to data 
        bases and protect national security;
          [(6) have accounting mechanisms which allow users or 
        groups of users to be charged for their usage of 
        copyrighted materials available over the Network and, 
        where appropriate and technically feasible, for their 
        usage of the Network;
          [(7) ensure the interoperability of Federal and non-
        Federal computer networks, to the extent appropriate, 
        in a way that allows autonomy for each component 
        network;
          [(8) be developed by purchasing standard commercial 
        transmission and network services from vendors whenever 
        feasible, and by contracting for customized services 
        when not feasible, in order to minimize Federal 
        investment in network hardware;
          [(9) support research and development of networking 
        software and hardware; and
          [(10) serve as a test bed for further research and 
        development of high-capacity and high-speed computing 
        networks and demonstrate how advanced computers, high-
        capacity and high-speed computing networks, and data 
        bases can improve the national information 
        infrastructure.
  [(d) Defense Advanced Research Projects Agency 
Responsibility.--As part of the Program, the Department of 
Defense, through the Defense Advanced Research Projects Agency, 
shall support research and development of advanced fiber optics 
technology, switches, and protocols needed to develop the 
Network.
  [(e) Information Services.--The Director shall assist the 
President in coordinating the activities of appropriate 
agencies and departments to promote the development of 
information services that could be provided over the Network. 
These services may include the provision of directories of the 
users and services on computer networks, data bases of 
unclassified Federal scientific data, training of users of data 
bases and computer networks, access to commercial information 
services for users of the Network, and technology to support 
computer-based collaboration that allows researchers and 
educators around the Nation to share information and 
instrumentation.
  [(f) Use of Grant Funds.--All Federal agencies and 
departments are authorized to allow recipients of Federal 
research grants to use grant moneys to pay for computer 
networking expenses.
  [(g) Report to Congress.--Within one year after the date of 
enactment of this Act, the Director shall report to the 
Congress on--
          [(1) effective mechanisms for providing operating 
        funds for the maintenance and use of the Network, 
        including user fees, industry support, and continued 
        Federal investment;
          [(2) the future operation and evolution of the 
        Network;
          [(3) how commercial information service providers 
        could be charged for access to the Network, and how 
        Network users could be charged for such commercial 
        information services;
          [(4) the technological feasibility of allowing 
        commercial information service providers to use the 
        Network and other Federally funded research networks;
          [(5) how to protect the copyrights of material 
        distributed over the Network; and
          [(6) appropriate policies to ensure the security of 
        resources available on the Network and to protect the 
        privacy of users of networks.]

[SEC. 103. NEXT GENERATION INTERNET.

                            [15 U.S.C. 5513]

  [(a) Establishment.--The National Science Foundation, the 
Department of Energy, the National Institutes of Health, the 
National Aeronautics and Space Administration, and the National 
Institute of Standards and Technology may support the Next 
Generation Internet program. The objectives of the Next 
Generation Internet program shall be to--
          [(1) support research, development, and demonstration 
        of advanced networking technologies to increase the 
        capabilities and improve the performance of the 
        Internet;
          [(2) develop an advanced testbed network connecting a 
        significant number of research sites, including 
        universities, Federal research institutions, and other 
        appropriate research partner institutions, to support 
        networking research and to demonstrate new networking 
        technologies; and
          [(3) develop and demonstrate advanced Internet 
        applications that meet important national goals or 
        agency mission needs, and that are supported by the 
        activities described in paragraphs (1) and (2).
  [(b) Duties of Advisory Committee.--The President's 
Information Technology Advisory Committee (established pursuant 
to section 101(b) by Executive Order No. 13035 of February 11, 
1997 (62 F.R. 7131), as amended by Executive Order No. 13092 of 
July 24, 1998), in addition to its functions under section 
101(b), shall--
          [(1) assess the extent to which the Next Generation 
        Internet program--
                  [(A) carries out the purposes of this Act; 
                and
                  [(B) addresses concerns relating to, among 
                other matters--
                          [(i) geographic penalties (as defined 
                        in section 7(1) of the Next Generation 
                        Internet Research Act of 1998);
                          [(ii) the adequacy of access to the 
                        Internet by Historically Black Colleges 
                        and Universities, Hispanic Serving 
                        Institutions, and small colleges and 
                        universities (whose enrollment is less 
                        than 5,000) and the degree of 
                        participation of those institutions in 
                        activities described in subsection (a); 
                        and
                          [(iii) technology transfer to and 
                        from the private sector;
          [(2) review the extent to which the role of each 
        Federal agency and department involved in implementing 
        the Next Generation Internet program is clear and 
        complementary to, and non-duplicative of, the roles of 
        other participating agencies and departments;
          [(3) assess the extent to which Federal support of 
        fundamental research in computing is sufficient to 
        maintain the Nation's critical leadership in this 
        field; and
          [(4) make recommendations relating to its findings 
        under paragraphs (1), (2), and (3).
  [(c) Reports.--The Advisory Committee shall review 
implementation of the Next Generation Internet program and 
shall report, not less frequently than annually, to the 
President, the Committee on Commerce, Science, and 
Transportation, the Committee on Appropriations, and the 
Committee on Armed Services of the Senate, and the Committee on 
Science, the Committee on Appropriations, and the Committee on 
Armed Services of the House of Representatives on its findings 
and recommendations for the preceding fiscal year. The first 
such report shall be submitted 6 months after the date of the 
enactment of the Next Generation Internet Research Act of 1998 
and the last report shall be submitted by September 30, 2000.
  [(d) Authorization of Appropriations.--There are authorized 
to be appropriated for the purposes of this section--
          [(1) for the Department of Energy, $22,000,000 for 
        fiscal year 1999 and $25,000,000 for fiscal year 2000;
          [(2) for the National Science Foundation, $25,000,000 
        for fiscal year 1999 and $25,000,000 for fiscal year 
        2000, as authorized in the National Science Foundation 
        Authorization Act of 1998;
          [(3) for the National Institutes of Health, 
        $5,000,000 for fiscal year 1999 and $7,500,000 for 
        fiscal year 2000;
          [(4) for the National Aeronautics and Space 
        Administration, $10,000,000 for fiscal year 1999 and 
        $10,000,000 for fiscal year 2000; and
          [(5) for the National Institute of Standards and 
        Technology, $5,000,000 for fiscal year 1999 and 
        $7,500,000 for fiscal year 2000.
          [Such funds may not be used for routine upgrades to 
        existing Federally funded communication networks.]

SEC. 201. NATIONAL SCIENCE FOUNDATION ACTIVITIES.

                            [15 U.S.C. 5521]

  (a) General Responsibilities.--As part of the Program 
described in title I--
          (1) the National Science Foundation shall provide 
        computing and networking infrastructure support for all 
        science and engineering disciplines, and support basic 
        research and human resource development in all aspects 
        of [high-performance computing and advanced high-speed 
        computer networking]  networking and information 
        technology;
          (2) to the extent that colleges, universities, and 
        libraries cannot connect to the Network with the 
        assistance of the private sector, the National Science 
        Foundation shall have primary responsibility for 
        assisting colleges, universities, and libraries to 
        connect to the Network;
          (3) the National Science Foundation shall serve as 
        the primary source of information on access to and use 
        of the Network; and
          (4) the National Science Foundation shall upgrade the 
        National Science Foundation funded network, assist 
        regional networks to upgrade their capabilities, and 
        provide other Federal departments and agencies the 
        opportunity to connect to the National Science 
        Foundation funded network.
  (b) Authorization of Appropriations.--From sums otherwise 
authorized to be appropriated, there are authorized to be 
appropriated to the National Science Foundation for the 
purposes of the Program $213,000,000 for fiscal year 1992; 
$262,000,000 for fiscal year 1993; $305,000,000 for fiscal year 
1994; $354,000,000 for fiscal year 1995; and $413,000,000 for 
fiscal year 1996.

SEC. 202. NATIONAL AERONAUTICS AND SPACE ADMINISTRATION ACTIVITIES.

                            [15 U.S.C. 5522]

  (a) General Responsibilities.--As part of the Program 
described in title I, the National Aeronautics and Space 
Administration shall conduct basic and applied research in 
[high-performance computing]  networking and information 
technology, particularly in the field of computational science, 
with emphasis on aerospace sciences, earth and space sciences, 
and remote exploration and experimentation.
  (b) Authorization of Appropriations.--From sums otherwise 
authorized to be appropriated, there are authorized to be 
appropriated to the National Aeronautics and Space 
Administration for the purposes of the Program $72,000,000 for 
fiscal year 1992; $107,000,000 for fiscal year 1993; 
$134,000,000 for fiscal year 1994; $151,000,000 for fiscal year 
1995; and $145,000,000 for fiscal year 1996.

SEC. 203. DEPARTMENT OF ENERGY ACTIVITIES.

                            [15 U.S.C. 5523]

  (a) General Responsibilities.--As part of the Program 
described in title I, the Secretary of Energy shall--
          (1) conduct and support basic and applied research in 
        [high-performance computing and networking]  networking 
        and information technology to support fundamental 
        research in science and engineering disciplines related 
        to energy applications; and
          (2) provide computing and networking infrastructure 
        support, including--
                  (A) the provision of [high-performance 
                computing systems]  high end, including high 
                performance, computing systems that are among 
                the most advanced in the world in terms of 
                performance in solving scientific and 
                engineering problems; and
                  (B) support for advanced software and 
                applications development for science and 
                engineering disciplines related to energy 
                applications.
  (b) Authorization of Appropriations.--There are authorized to 
be appropriated to the Secretary of Energy such sums as are 
necessary to carry out this section.

SEC. 204. DEPARTMENT OF COMMERCE ACTIVITIES.

                            [15 U.S.C. 5524]

  (a) General Responsibilities.--As part of the Program 
described in title I--
          (1) the National Institute of Standards and 
        Technology shall--
                  (A) conduct basic and applied measurement 
                research needed to support various [high-
                performance computing systems and networks]  
                networking and information technology systems;
                  (B) develop and propose standards and 
                guidelines, and develop measurement techniques 
                and test methods, for the interoperability of 
                [high-performance computing systems in 
                networks]  networking and information 
                technology systems and for common user 
                interfaces to systems; and
                  (C) be responsible for developing benchmark 
                tests and standards for [high-performance 
                computing systems]  networking and information 
                technology and software; and
          (2) the National Oceanic and Atmospheric 
        Administration shall conduct basic and applied research 
        in weather prediction and ocean sciences, particularly 
        in development of new forecast models, in computational 
        fluid dynamics, and in the incorporation of evolving 
        computer architectures and networks into the systems 
        that carry out agency missions.
  (b) [High-performance Computing and Network] Network and 
Information Technology Security.--Pursuant to the Computer 
Security Act of 1987 (Public Law 100-235; 101 Stat. 1724), the 
National Institute of Standards and Technology shall be 
responsible for developing and proposing standards and 
guidelines needed to assure the cost-effective security and 
privacy of [sensitive information in Federal computer systems]  
agency information and information systems.
  (c) Study of Impact of Federal Procurement Regulations.--
          (1) The Secretary of Commerce shall conduct a study 
        to--
                  (A) evaluate the impact of Federal 
                procurement regulations that require that 
                contractors providing software to the Federal 
                Government share the rights to proprietary 
                software development tools that the contractors 
                use to develop the software; and
                  (B) determine whether such regulations 
                discourage development of improved software 
                development tools and techniques.
          (2) The Secretary of Commerce shall, within one year 
        after the date of enactment of this Act, report to the 
        Congress regarding the results of the study conducted 
        under paragraph (1).
  (d) Authorization of Appropriations.--From sums otherwise 
authorized to be appropriated, there are authorized to be 
appropriated--
          (1) to the National Institute of Standards and 
        Technology for the purposes of the Program $3,000,000 
        for fiscal year 1992; $4,000,000 for fiscal year 1993; 
        $5,000,000 for fiscal year 1994; $6,000,000 for fiscal 
        year 1995; and $7,000,000 for fiscal year 1996; and
          (2) to the National Oceanic and Atmospheric 
        Administration for the purposes of the Program 
        $2,500,000 for fiscal year 1992; $3,000,000 for fiscal 
        year 1993; $3,500,000 for fiscal year 1994; $4,000,000 
        for fiscal year 1995; and $4,500,000 for fiscal year 
        1996.

SEC. 207. MISCELLANEOUS PROVISIONS.

                            [15 U.S.C. 5527]

  (a) Nonapplicability.--Except to the extent the appropriate 
Federal agency or department head determines, the provisions of 
this Act shall not apply to--
          (1) programs or activities regarding computer systems 
        that process classified information; or
          (2) computer systems the function, operation, or use 
        of which are those delineated in paragraphs (1) through 
        (5) of [section 2315(a) of title 10]  section 
        3552(b)(6)(A) of title 44, United States Code.
  (b) Acquisition of Prototype and Early Production Models.--In 
accordance with Federal contracting law, Federal agencies and 
departments participating in the Program may acquire prototype 
or early production models of new [high-performance computing 
systems]  networking and information technology and subsystems 
to stimulate hardware and software development. Items of 
computing equipment acquired under this subsection shall be 
considered research computers for purposes of applicable 
acquisition regulations.

[SEC. 208. FOSTERING UNITED STATES COMPETITIVENESS IN HIGH-PERFORMANCE 
                    COMPUTING AND RELATED ACTIVITIES.

                            [15 U.S.C. 5528]

  [(a) Findings.--The Congress finds the following:
          [(1) High-performance computing and associated 
        technologies are critical to the United States economy.
          [(2) While the United States has led the development 
        of high-performance computing, United States industry 
        is facing increasing global competition.
          [(3) Despite existing international agreements on 
        fair competition and nondiscrimination in government 
        procurements, there is increasing concern that such 
        agreements are not being honored, that more aggressive 
        enforcement of such agreements is needed, and that 
        additional steps may be required to ensure fair global 
        competition, particularly in high-technology fields 
        such as high-performance computing and associated 
        technologies.
          [(4) It is appropriate for Federal agencies and 
        departments to use the funds authorized for the Program 
        in a manner which most effectively fosters the 
        maintenance and development of United States leadership 
        in high-performance computers and associated 
        technologies in and for the benefit of the United 
        States.
          [(5) It is appropriate for Federal agencies and 
        departments to use the funds authorized for the Program 
        in a manner, consistent with the Trade Agreements Act 
        of 1979 (19 U.S.C. 2501 et seq.), which most 
        effectively fosters reciprocal competitive procurement 
        treatment by foreign governments for United States 
        high-performance computing and associated technology 
        products and suppliers.
  [(b) Annual Report.--
          [(1) Report.--The Director shall submit an annual 
        report to Congress that identifies--
                  [(A) any grant, contract, cooperative 
                agreement, or cooperative research and 
                development agreement (as defined under section 
                12(d)(1) of the Stevenson-Wydler Technology 
                Innovation Act of 1980 (15 U.S.C. 3710a(d)(1)) 
                made or entered into by any Federal agency or 
                department for research and development under 
                the Program with--
                          [(i) any company other than a company 
                        that is either incorporated or located 
                        in the United States, and that has 
                        majority ownership by individuals who 
                        are citizens of the United States; or
                          [(ii) any educational institution or 
                        nonprofit institution located outside 
                        the United States; and
                  [(B) any procurement exceeding $1,000,000 by 
                any Federal agency or department under the 
                Program for--
                          [(i) unmanufactured articles, 
                        materials, or supplies mined or 
                        produced outside the United States; or
                          [(ii) manufactured articles, 
                        materials, or supplies other than those 
                        manufactured in the United States 
                        substantially all from articles, 
                        materials, or supplies mined, produced, 
                        or manufactured in the United States,
          [under the meaning of title III of the Act of March 
        3, 1933 (41 U.S.C. 10a-10d; popularly known as the Buy 
        American Act) as amended by the Buy American Act of 
        1988.
          [(2) Consolidation of reports.--The report required 
        by this subsection may be included with the report 
        required by section 101(a)(3)(A).
  [(c) Application of Buy American Act.--This Act does not 
affect the applicability of title III of the Act of March 3, 
1933 (41 U.S.C. 10a-10d; popularly known as the Buy American 
Act), as amended by the Buy American Act of 1988, to 
procurements by Federal agencies and departments undertaken as 
a part of the Program.]

              CYBER SECURITY RESEARCH AND DEVELOPMENT ACT

                        [15 U.S.C. 7401 et seq.]

SEC. 4. NATIONAL SCIENCE FOUNDATION RESEARCH.

                            [15 U.S.C. 7403]

  (a) Computer and Network Security Research Grants.--
          (1) In general.--The Director shall award grants for 
        basic research on innovative approaches to the 
        structure of computer and network hardware and software 
        that are aimed at enhancing computer security. Research 
        areas may include--
                  (A) authentication, cryptography, and other 
                secure data communications technology;
                  (B) computer forensics and intrusion 
                detection;
                  (C) reliability of computer and network 
                applications, middleware, operating systems, 
                control systems, and communications 
                infrastructure;
                  (D) privacy and confidentiality;
                  (E) network security architecture, including 
                tools for security administration and analysis;
                  (F) emerging threats;
                  (G) vulnerability assessments and techniques 
                for quantifying risk;
                  (H) remote access and wireless security;
                  (I) enhancement of law enforcement ability to 
                detect, investigate, and prosecute cyber-
                crimes, including those that involve piracy of 
                intellectual property;
                  (J) secure fundamental protocols that are 
                integral to inter-network communications and 
                data exchange;
                  (K) secure software engineering and software 
                assurance, including--
                          (i) programming languages and systems 
                        that include fundamental security 
                        features;
                          (ii) portable or reusable code that 
                        remains secure when deployed in various 
                        environments;
                          (iii) verification and validation 
                        technologies to ensure that 
                        requirements and specifications have 
                        been implemented; and
                          (iv) models for comparison and 
                        metrics to assure that required 
                        standards have been met;
                  (L) holistic system security that--
                          (i) addresses the building of secure 
                        systems from trusted and untrusted 
                        components;
                          (ii) proactively reduces 
                        vulnerabilities;
                          (iii) addresses insider threats; and
                          (iv) supports privacy in conjunction 
                        with improved security;
                  (M) monitoring and detection;
                  (N) mitigation and rapid recovery methods;
                  (O) security of wireless networks and mobile 
                devices; [and]
                  (P) security of cloud infrastructure and 
                services[.];
                  (Q) security of election-dedicated voting 
                system software and hardware; and
                  (R) role of the human factor in cybersecurity 
                and the interplay of computers and humans and 
                the physical world.
          (2) Merit review; competition.--Grants shall be 
        awarded under this section on a merit-reviewed 
        competitive basis.
          (3) Authorization of appropriations.--There are 
        authorized to be appropriated to the National Science 
        Foundation to carry out this subsection--
                  (A) $35,000,000 for fiscal year 2003;
                  (B) $40,000,000 for fiscal year 2004;
                  (C) $46,000,000 for fiscal year 2005;
                  (D) $52,000,000 for fiscal year 2006; and
                  (E) $60,000,000 for fiscal year 2007.
  (b) Computer and Network Security Research Centers.--
          (1) In general.--The Director shall award multiyear 
        grants, subject to the availability of appropriations, 
        to institutions of higher education, nonprofit research 
        institutions, or consortia thereof to establish 
        multidisciplinary Centers for Computer and Network 
        Security Research. Institutions of higher education, 
        nonprofit research institutions, or consortia thereof 
        receiving such grants may partner with 1 or more 
        government laboratories or for-profit institutions, or 
        other institutions of higher education or nonprofit 
        research institutions.
          (2) Merit review; competition.--Grants shall be 
        awarded under this subsection on a merit-reviewed 
        competitive basis.
          (3) Purpose.--The purpose of the Centers shall be to 
        generate innovative approaches to computer and network 
        security by conducting cutting-edge, multidisciplinary 
        research in computer and network security, including 
        improving the security and resiliency of information 
        technology, reducing cyber vulnerabilities, and 
        anticipating and mitigating consequences of cyber 
        attacks on critical infrastructure, by conducting 
        research in the areas described in subsection (a)(1).
          (4) Applications.--An institution of higher 
        education, nonprofit research institution, or consortia 
        thereof seeking funding under this subsection 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 description of--
                  (A) the research projects that will be 
                undertaken by the Center and the contributions 
                of each of the participating entities;
                  (B) how the Center will promote active 
                collaboration among scientists and engineers 
                from different disciplines, such as computer 
                scientists, engineers, mathematicians, and 
                social science researchers;
                  (C) how the Center will contribute to 
                increasing the number and quality of computer 
                and network security researchers and other 
                professionals, including individuals from 
                groups historically underrepresented in these 
                fields; and
                  (D) how the Center will disseminate research 
                results quickly and widely to improve cyber 
                security in information technology networks, 
                products, and services.
          (5) Criteria. In evaluating the applications 
        submitted under paragraph (4), the Director shall 
        consider, at a minimum--
                  (A) the ability of the applicant to generate 
                innovative approaches to computer and network 
                security and effectively carry out the research 
                program;
                  (B) the experience of the applicant in 
                conducting research on computer and network 
                security and the capacity of the applicant to 
                foster new multidisciplinary collaborations;
                  (C) the capacity of the applicant to attract 
                and provide adequate support for a diverse 
                group of undergraduate and graduate students 
                and postdoctoral fellows to pursue computer and 
                network security research;
                  (D) the extent to which the applicant will 
                partner with government laboratories, for-
                profit entities, other institutions of higher 
                education, or nonprofit research institutions, 
                and the role the partners will play in the 
                research undertaken by the Center;
                  (E) the demonstrated capability of the 
                applicant to conduct high performance 
                computation integral to complex computer and 
                network security research, through on-site or 
                off-site computing;
                  (F) the applicant's affiliation with private 
                sector entities involved with industrial 
                research described in subsection (a)(1);
                  (G) the capability of the applicant to 
                conduct research in a secure environment;
                  (H) the applicant's affiliation with existing 
                research programs of the Federal Government;
                  (I) the applicant's experience managing 
                public-private partnerships to transition new 
                technologies into a commercial setting or the 
                government user community;
                  (J) the capability of the applicant to 
                conduct interdisciplinary cybersecurity 
                research, basic and applied, such as in law, 
                economics, or behavioral sciences; and
                  (K) the capability of the applicant to 
                conduct research in areas such as systems 
                security, wireless security, networking and 
                protocols, formal methods and [high-performance 
                computing] networking and information 
                technology, nanotechnology, or industrial 
                control systems.
          (6) Annual meeting.--The Director shall convene an 
        annual meeting of the Centers in order to foster 
        collaboration and communication between Center 
        participants.
          (7) Authorization of appropriations.--There are 
        authorized to be appropriated for the National Science 
        Foundation to carry out this subsection--
                  (A) $12,000,000 for fiscal year 2003;
                  (B) $24,000,000 for fiscal year 2004;
                  (C) $36,000,000 for fiscal year 2005;
                  (D) $36,000,000 for fiscal year 2006; and
                  (E) $36,000,000 for fiscal year 2007.

                 CYBERSECURITY ENHANCEMENT ACT OF 2014

                        [15 U.S.C. 7421 et seq.]

SEC. 7431. FEDERAL CYBERSECURITY RESEARCH AND DEVELOPMENT.

                            [15 U.S.C. 7431]

  (a) Fundamental Cybersecurity Research.--
          (1) Federal cybersecurity research and development 
        strategic plan.--The heads of the applicable agencies 
        and departments, working through the National Science 
        and Technology Council and the Networking and 
        Information Technology Research and Development 
        Program, shall develop and update every 4 years a 
        Federal cybersecurity research and development 
        strategic plan (referred to in this subsection as the 
        ``strategic plan'') based on an assessment of 
        cybersecurity risk to guide the overall direction of 
        Federal cybersecurity and information assurance 
        research and development for information technology and 
        networking systems. The heads of the applicable 
        agencies and departments shall build upon existing 
        programs and plans to develop the strategic plan to 
        meet objectives in cybersecurity, such as--
                  (A) how to design and build complex software-
                intensive systems that are secure and reliable 
                when first deployed;
                  (B) how to test and verify that software and 
                hardware, whether developed locally or obtained 
                from a third party, is free of significant 
                known security flaws;
                  (C) how to test and verify that software and 
                hardware obtained from a third party correctly 
                implements stated functionality, and only that 
                functionality;
                  (D) how to guarantee the privacy of an 
                individual, including that individual's 
                identity, information, and lawful transactions 
                when stored in distributed systems or 
                transmitted over networks;
                  (E) how to build new protocols to enable the 
                Internet to have robust security as one of the 
                key capabilities of the Internet;
                  (F) how to determine the origin of a message 
                transmitted over the Internet;
                  (G) how to support privacy in conjunction 
                with improved security;
                  (H) how to address the problem of insider 
                threats;
                  (I) how improved consumer education and 
                digital literacy initiatives can address human 
                factors that contribute to cybersecurity;
                  (J) how to protect information processed, 
                transmitted, or stored using cloud computing or 
                transmitted through wireless services; and
                  (K) any additional objectives the heads of 
                the applicable agencies and departments, in 
                coordination with the head of any relevant 
                Federal agency and with input from 
                stakeholders, including appropriate national 
                laboratories, industry, and academia, determine 
                appropriate.
          (2) Requirements.--
                  (A) Contents of plan.--The strategic plan 
                shall--
                          (i) specify and prioritize near-term, 
                        mid-term, and long-term research 
                        objectives, including objectives 
                        associated with the research identified 
                        in section 4(a)(1) of the Cyber 
                        Security Research and Development Act 
                        (15 U.S.C. 7403(a)(1));
                          (ii) specify how the near-term 
                        objectives described in clause (i) 
                        complement research and development 
                        areas in which the private sector is 
                        actively engaged;
                          (iii) describe how the heads of the 
                        applicable agencies and departments 
                        will focus on innovative, 
                        transformational technologies with the 
                        potential to enhance the security, 
                        reliability, resilience, and 
                        trustworthiness of the digital 
                        infrastructure, and to protect consumer 
                        privacy;
                          (iv) describe how the heads of the 
                        applicable agencies and departments 
                        will foster the rapid transfer of 
                        research and development results into 
                        new cybersecurity technologies and 
                        applications for the timely benefit of 
                        society and the national interest, 
                        including through the dissemination of 
                        best practices and other outreach 
                        activities;
                          (v) describe how the heads of the 
                        applicable agencies and departments 
                        will establish and maintain a national 
                        research infrastructure for creating, 
                        testing, and evaluating the next 
                        generation of secure networking and 
                        information technology systems; and
                          (vi) describe how the heads of the 
                        applicable agencies and departments 
                        will facilitate access by academic 
                        researchers to the infrastructure 
                        described in clause (v), as well as to 
                        relevant data, including event data.
                  (B) Private sector efforts.--In developing, 
                implementing, and updating the strategic plan, 
                the heads of the applicable agencies and 
                departments, working through the National 
                Science and Technology Council and Networking 
                and Information Technology Research and 
                Development Program, shall work in close 
                cooperation with industry, academia, and other 
                interested stakeholders to ensure, to the 
                extent possible, that Federal cybersecurity 
                research and development is not duplicative of 
                private sector efforts.
                  (C) Recommendations.--In developing and 
                updating the strategic plan the heads of the 
                applicable agencies and departments shall 
                solicit recommendations and advice from--
                          (i) the advisory committee 
                        established under section 101(b)(1) of 
                        the High-Performance Computing Act of 
                        1991 (15 U.S.C. 5511(b)(1)); and
                          (ii) a wide range of stakeholders, 
                        including industry, academia, including 
                        representatives of minority serving 
                        institutions and community colleges, 
                        National Laboratories, and other 
                        relevant organizations and 
                        institutions.
                  (D) Implementation roadmap.--The heads of the 
                applicable agencies and departments, working 
                through the National Science and Technology 
                Council and Networking and Information 
                Technology Research and Development Program, 
                shall develop and annually update an 
                implementation roadmap for the strategic plan. 
                The implementation roadmap shall--
                          (i) specify the role of each Federal 
                        agency in carrying out or sponsoring 
                        research and development to meet the 
                        research objectives of the strategic 
                        plan, including a description of how 
                        progress toward the research objectives 
                        will be evaluated;
                          (ii) specify the funding allocated to 
                        each major research objective of the 
                        strategic plan and the source of 
                        funding by agency for the current 
                        fiscal year;
                          (iii) estimate the funding required 
                        for each major research objective of 
                        the strategic plan for the following 3 
                        fiscal years; and
                          (iv) track ongoing and completed 
                        Federal cybersecurity research and 
                        development projects.
          (3) Reports to congress.--The heads of the applicable 
        agencies and departments, working through the National 
        Science and Technology Council and Networking and 
        Information Technology Research and Development 
        Program, shall submit to the Committee on Commerce, 
        Science, and Transportation of the Senate and the 
        Committee on Science, Space, and Technology of the 
        House of Representatives--
                  (A) the strategic plan not later than 1 year 
                after the date of enactment of this Act;
                  (B) each quadrennial update to the strategic 
                plan; and
                  (C) the implementation roadmap under 
                subparagraph (D), and its annual updates, which 
                shall be appended to the annual report required 
                under section 101(a)(2)(D) of the High-
                Performance Computing Act of 1991 (15 U.S.C. 
                5511(a)(2)(D)).
          (4) Definition of applicable agencies and 
        departments.--In this subsection, the term ``applicable 
        agencies and departments'' means the agencies and 
        departments identified in [clauses (i) through (x) of 
        section 101(a)(3)(B) of the High-Performance Computing 
        Act of 1991 (15 U.S.C. 5511(a)(3)(B)) or designated 
        under clause (xi) of that section] clauses (i) through 
        (xi) of section 101(a)(3)(B) of the High-Performance 
        Computing Act of 1991 (15 U.S.C. 5511(a)(3)(B)) or 
        designated under clause (xii) of that section.

           *       *       *       *       *       *       *

        21ST CENTURY NANOTECHNOLOGY RESEARCH AND DEVELOPMENT ACT

                        [15 U.S.C. 7501 et seq.]

SEC. 2. NATIONAL NANOTECHNOLOGY PROGRAM.

[15 U.S.C. 7501]

           *       *       *       *       *       *       *

  (c) Program Management.--The National Science and Technology 
Council shall oversee the planning, management, and 
coordination of the Program. The Council, itself or through an 
appropriate subgroup it designates or establishes, shall--
          (1) establish goals and priorities for the Program, 
        based on national needs for a set of broad applications 
        of nanotechnology;
          (2) establish program component areas, with specific 
        priorities and technical goals, that reflect the goals 
        and priorities established for the Program;
          (3) oversee interagency coordination of the Program, 
        including with the activities of the Defense 
        Nanotechnology Research and Development Program 
        established under section 246 of the Bob Stump National 
        Defense Authorization Act for Fiscal Year 2003 (Public 
        Law 107-314) and the National Institutes of Health;
          [(4) develop, within 12 months after the date of 
        enactment of this Act, and update every 3 years 
        thereafter, a strategic plan to guide the activities 
        described under subsection (b), meet the goals, 
        priorities, and anticipated outcomes of the 
        participating agencies, and describe--
                  [(A) how the Program will move results out of 
                the laboratory and into application for the 
                benefit of society;
                  [(B) the Program's support for long-term 
                funding for interdisciplinary research and 
                development in nanotechnology; and
                  [(C) the allocation of funding for 
                interagency nanotechnology projects;]
          (4) develop, not later than 5 years after the date of 
        the release of the most-recent strategic plan, and 
        update every 5 years thereafter, a strategic plan to 
        guide the activities described under subsection (b) 
        that describes--
                  (A) the near-term and long-term objectives 
                for the Program;
                  (B) the anticipated schedule for achieving 
                the near-term objectives; and
                  (C) the metrics that will be used to assess 
                progress toward the near-term and long-term 
                objectives;
                  (D) how the Program will move results out of 
                the laboratory and into application for the 
                benefit of society;
                  (E) the Program's support for long-term 
                funding for interdisciplinary research and 
                development in nanotechnology; and
                  (F) the allocation of funding for interagency 
                nanotechnology projects;
          (5) propose a coordinated interagency budget for the 
        Program to the Office of Management and Budget to 
        ensure the maintenance of a balanced nanotechnology 
        research portfolio and an appropriate level of research 
        effort;
          (6) exchange information with academic, industry, 
        State and local government (including State and 
        regional nanotechnology programs), and other 
        appropriate groups conducting research on and using 
        nanotechnology;
          (7) develop a plan to utilize Federal programs, such 
        as the Small Business Innovation Research Program and 
        the Small Business Technology Transfer Research 
        Program, in support of the activity stated in 
        subsection (b)(7);
          (8) identify research areas that are not being 
        adequately addressed by the agencies' current research 
        programs and address such research areas;
          (9) encourage progress on Program activities through 
        the utilization of existing manufacturing facilities 
        and industrial infrastructures such as, but not limited 
        to, the employment of underutilized manufacturing 
        facilities in areas of high unemployment as production 
        engineering and research testbeds; and
          (10) in carrying out its responsibilities under 
        paragraphs (1) through (9), take into consideration the 
        recommendations of the Advisory Panel, suggestions or 
        recommendations developed pursuant to subsection 
        (b)(10)(D), and the views of academic, State, industry, 
        and other appropriate groups conducting research on and 
        using nanotechnology.
  (d) Annual Report.--The Council shall prepare an annual 
report, to be submitted to the Senate Committee on Commerce, 
Science, and Transportation and the House of Representatives 
Committee on Science, and other appropriate committees, at the 
time of the President's budget request to Congress, that 
includes--
          (1) the Program budget, for the current fiscal year, 
        for each agency that participates in the Program, 
        including a breakout of spending for the development 
        and acquisition of research facilities and 
        instrumentation, for each program component area, and 
        for all activities pursuant to subsection (b)(10);
          (2) the proposed Program budget for the next fiscal 
        year, for each agency that participates in the Program, 
        including a breakout of spending for the development 
        and acquisition of research facilities and 
        instrumentation, for each program component area, and 
        for all activities pursuant to subsection (b)(10);
          (3) an analysis of the progress made toward achieving 
        the goals and priorities established for the Program;
          (4) an analysis of the extent to which the Program 
        has incorporated the recommendations of the Advisory 
        Panel; and
          (5) an assessment of how Federal agencies are 
        implementing the plan described in subsection (c)(7), 
        and a description of the amount of Small Business 
        Innovative Research and Small Business Technology 
        Transfer Research funds supporting the plan.

SEC. 4. ADVISORY PANEL.

[15 U.S.C. 7503]

           *       *       *       *       *       *       *

  [(d) Reports.--The Advisory Panel shall report, not less 
frequently than once every 2 fiscal years, to the President on 
its assessments under subsection (c) and its recommendations 
for ways to improve the Program. The first report under this 
subsection shall be submitted within 1 year after the date of 
enactment of this Act. The Director of the Office of Science 
and Technology Policy shall transmit a copy of each report 
under this subsection to the Senate Committee on Commerce, 
Science, and Technology, the House of Representatives Committee 
on Science, and other appropriate committees of the Congress.]
  (d) Reports.--Not later than 4 years after the date of the 
most recent assessment under subsection (c), and quadrennially 
thereafter, the Advisory Panel shall submit to the President, 
the Committee on Commerce, Science, and Transportation of the 
Senate, and the Committee on Science, Space, and Technology of 
the House of Representatives a report its assessments under 
subsection (c) and its recommendations for ways to improve the 
Program.
  (e) Travel Expenses of Non-Federal Members.--Non-Federal 
members of the Advisory Panel, while attending meetings of the 
Advisory Panel or while otherwise serving at the request of the 
head of the Advisory Panel away from their homes or regular 
places of business, may be allowed travel expenses, including 
per diem in lieu of subsistence, as authorized by section 5703 
of title 5, United States Code, for individuals in the 
government serving without pay. Nothing in this subsection 
shall be construed to prohibit members of the Advisory Panel 
who are officers or employees of the United States from being 
allowed travel expenses, including per diem in lieu of 
subsistence, in accordance with existing law.
  (f) Exemption From Sunset.--Section 14 of the Federal 
Advisory Committee Act shall not apply to the Advisory Panel.

SEC. 5. [TRIENNIAL] QUADRENNIAL EXTERNAL REVIEW OF THE NATIONAL 
                    NANOTECHNOLOGY PROGRAM.

                            [15 U.S.C. 7504]

  (a) In General.--The Director of the National Nanotechnology 
Coordination Office shall enter into an arrangement with the 
National Research Council of the National Academy of Sciences 
to conduct a [triennial] quadrennial evaluation of the Program, 
including--
          (1) an evaluation of the technical accomplishments of 
        the Program, including a review of whether the Program 
        has achieved the goals under the metrics established by 
        the Council;
          (2) a review of the Program's management and 
        coordination across agencies and disciplines;
          (3) a review of the funding levels at each agency for 
        the Program's activities and the ability of each agency 
        to achieve the Program's stated goals with that 
        funding;
          (4) an evaluation of the Program's success in 
        transferring technology to the private sector;
          (5) an evaluation of whether the Program has been 
        successful in fostering interdisciplinary research and 
        development;
          (6) an evaluation of the extent to which the Program 
        has adequately considered ethical, legal, 
        environmental, and other appropriate societal concerns;
          (7) recommendations for new or revised Program goals;
          (8) recommendations for new research areas, 
        partnerships, coordination and management mechanisms, 
        or programs to be established to achieve the Program's 
        stated goals;
          (9) recommendations on policy, program, and budget 
        changes with respect to nanotechnology research and 
        development activities;
          (10) recommendations for improved metrics to evaluate 
        the success of the Program in accomplishing its stated 
        goals;
          (11) a review of the performance of the National 
        Nanotechnology Coordination Office and its efforts to 
        promote access to and early application of the 
        technologies, innovations, and expertise derived from 
        Program activities to agency missions and systems 
        across the Federal Government and to United States 
        industry;
          (12) an analysis of the relative position of the 
        United States compared to other nations with respect to 
        nanotechnology research and development, including the 
        identification of any critical research areas where the 
        United States should be the world leader to best 
        achieve the goals of the Program; and
          (13) an analysis of the current impact of 
        nanotechnology on the United States economy and 
        recommendations for increasing its future impact.
  (b) Study on Molecular Self-assembly.--As part of the first 
[triennial] quadrennial review conducted in accordance with 
subsection (a), the National Research Council shall conduct a 
one-time study to determine the technical feasibility of 
molecular self-assembly for the manufacture of materials and 
devices at the molecular scale.
  (c) Study on the Responsible Development of Nanotechnology.--
As part of the first [triennial] quadrennial review conducted 
in accordance with subsection (a), the National Research 
Council shall conduct a one-time study to assess the need for 
standards, guidelines, or strategies for ensuring the 
responsible development of nanotechnology, including, but not 
limited to--
          (1) self-replicating nanoscale machines or devices;
          (2) the release of such machines in natural 
        environments;
          (3) encryption;
          (4) the development of defensive technologies;
          (5) the use of nanotechnology in the enhancement of 
        human intelligence; and
          (6) the use of nanotechnology in developing 
        artificial intelligence.
  [(d) Evaluation to Be Transmitted to Congress.--The Director 
of the National Nanotechnology Coordination Office shall 
transmit the results of any evaluation for which it made 
arrangements under subsection (a) to the Advisory Panel, the 
Senate Committee on Commerce, Science, and Transportation and 
the House of Representatives Committee on Science upon receipt. 
The first such evaluation shall be transmitted no later than 
June 10, 2005, with subsequent evaluations transmitted to the 
Committees every 3 years thereafter.]
  (d) Report.--
          (1) In general.--Not later than 30 days after the 
        date the first evaluation under subsection (a) is 
        received, and quadrennially thereafter, the Director of 
        the National Nanotechnology Coordination Office shall 
        report to the President its assessments under 
        subsection (c) and its recommendations for ways to 
        improve the Program.
          (2) Congress.--Not later than 30 days after the date 
        the President receives the report under paragraph (1), 
        the Director of the Office of Science and Technology 
        Policy shall transmit a copy of the report to Congress.

         NATIONAL SCIENCE FOUNDATION AUTHORIZATION ACT OF 1988

                  [Public Law 100-570; 102 Stat. 2865]

SEC. 113. [EXPERIMENTAL] ESTABLISHED PROGRAM TO STIMULATE COMPETITIVE 
                    RESEARCH.

                           [42 U.S.C. 1862g]

  (a) The Director shall operate [an Experimental Program to 
Stimulate Competitive Research]  a program to stimulate 
competitive research (known as the Established Program to 
Stimulate Competitive Research), the purpose of which is to 
assist those States that--
          (1) historically have received relatively little 
        Federal research and development funding; and
          (2) have demonstrated a commitment to develop their 
        research bases and improve science and engineering 
        research and education programs at their universities 
        and colleges.
  (b) A State which has received an initial award under such 
Program, whether or not the award was received before or after 
the date of enactment of this Act, shall be eligible for up to 
5 years of additional support under [the program] the Program 
if that State provides assurances of new matching funds and 
submits an acceptable new plan for using Program funds and 
matching funds to build the research capabilities of the State.

         NATIONAL SCIENCE FOUNDATION AUTHORIZATION ACT OF 2002

                  [Public Law 107-368; 116 Stat. 3034]

SEC. 9. MATHEMATICS AND SCIENCE EDUCATION PARTNERSHIPS.

[42 U.S.C. 1862n]

           *       *       *       *       *       *       *

  (c) Accountability and Dissemination.--
          (1) Assessment required.--The Director shall evaluate 
        the program established under subsection (a). At a 
        minimum, such evaluation shall--
                  (A) use a common set of benchmarks and 
                assessment tools to identify best practices and 
                materials developed and demonstrated by the 
                partnerships; and
                  (B) to the extent practicable, compare the 
                effectiveness of practices and materials 
                developed and demonstrated by the partnerships 
                authorized under this section with those of 
                partnerships funded by other State or Federal 
                agencies.
          (2) Report on evaluations.--Not later than 4 years 
        after the date of enactment of the America COMPETES 
        Act, the Director shall transmit a report summarizing 
        the evaluations required under subsection (b)(1)(E) of 
        grants received under this program and describing any 
        changes to the program recommended as a result of these 
        evaluations to the Committee on Science and Technology 
        and the Committee on Education and Labor of the House 
        of Representatives and to the Committee on Commerce, 
        Science, and Transportation and the Committee on 
        Health, Education, Labor, and Pensions of the Senate. 
        Such report shall be made widely available to the 
        public.
          (3) Annual meeting.--The Director, in consultation 
        with the Secretary of Education, shall convene an 
        annual meeting of the partnerships participating under 
        this section to foster greater national collaboration.
          [(4) Report on coordination.--The Director, in 
        consultation with the Secretary of Education, shall 
        provide an annual report to the Committee on Science of 
        the House of Representatives, the Committee on 
        Education and the Workforce of the House of 
        Representatives, the Committee on Commerce, Science, 
        and Transportation of the Senate, and the Committee on 
        Health, Education, Labor, and Pensions of the Senate 
        describing how the program authorized under this 
        section has been and will be coordinated with other 
        programs with similar purposes. The report under this 
        paragraph shall be submitted along with the President's 
        annual budget request.]
          [(5)](4) Technical assistance.--At the request of an 
        eligible partnership or a State educational agency, the 
        Director shall provide the partnership or agency with 
        technical assistance in meeting any requirements of 
        this section, including providing advice from experts 
        on how to develop--
                  (A) a quality application for a grant; and
                  (B) quality activities from funds received 
                from a grant under this section.
  (d) Definitions.--In this section--
          (1) the term ``mathematics and science teacher'' 
        means a science, technology, engineering, or 
        mathematics teacher at the elementary school or 
        secondary school level; and
          (2) the term ``science'', in the context of 
        elementary and secondary education, includes technology 
        and pre-engineering.

SEC. 10A. NATIONAL SCIENCE FOUNDATION TEACHING FELLOWSHIPS AND MASTER 
                    TEACHING FELLOWSHIPS.

[42 U.S.C. 1862n-1a]

           *       *       *       *       *       *       *

  (k) STEM Teacher Service and Retention.--
          (1) In general.--The Director shall develop and 
        implement practices for increasing the proportion of 
        individuals receiving fellowships under this section 
        who--
                  (A) fulfill the service obligation required 
                under subsection (h); and
                  (B) remain in the teaching profession in a 
                high need local educational agency beyond the 
                service obligation.
          (2) Practices.--The practices described under 
        paragraph (1) may include--
                  (A) partnering with nonprofit or professional 
                associations or with other government entities 
                to provide individuals receiving fellowships 
                under this section with opportunities for 
                professional development, including mentorship 
                programs that pair those individuals with 
                currently employed and recently retired 
                science, technology, engineering, mathematics, 
                or computer science professionals;
                  (B) increasing recruitment from high need 
                districts;
                  (C) establishing a system to better collect, 
                track, and respond to data on the career 
                decisions of individuals receiving fellowships 
                under this section;
                  (D) conducting research to better understand 
                factors relevant to teacher service and 
                retention, including factors specifically 
                impacting the retention of teachers from 
                underrepresented groups, including women and 
                minorities; and
                  (E) conducting pilot programs to improve 
                teacher service and retention.

SEC. 14. MAJOR RESEARCH EQUIPMENT AND FACILITIES CONSTRUCTION PLAN.

                          [42 U.S.C. 1862n-4]

  [(a) Prioritization of Proposed Major Research Equipment and 
Facilities Construction.--
          [(1) Development of priorities.--
                  [(A) The Director shall--
                          [(i) develop a list indicating by 
                        number the relative priority for 
                        funding under the major research 
                        equipment and facilities construction 
                        account that the Director assigns to 
                        each project the Board has approved for 
                        inclusion in a future budget request; 
                        and
                          [(ii) submit the list described in 
                        clause (i) to the Board for approval.
                  [(B) The Director shall update the list 
                prepared under subparagraph (A) each time the 
                Board approves a new project that would receive 
                funding under the major research equipment and 
                facilities construction account, as necessary 
                to prepare reports under paragraph (2), and, 
                from time to time, submit any updated list to 
                the Board for approval.
          [(2) Annual report.--Not later than 90 days after the 
        date of enactment of this Act, and not later than each 
        June 15 thereafter, the Director shall transmit to the 
        Committee on Science of the House of Representatives, 
        the Committee on Commerce, Science, and Transportation 
        of the Senate, and the Committee on Health, Education, 
        Labor, and Pensions of the Senate a report containing--
                  [(A) the most recent Board-approved priority 
                list developed under paragraph (1)(A);
                  [(B) a description of the criteria used to 
                develop such list; and
                  [(C) a description of the major factors for 
                each project that determined the ranking of 
                such project on the list, based on the 
                application of the criteria described pursuant 
                to subparagraph (B).
          [(3) Criteria.--The criteria described pursuant to 
        paragraph (2)(B) shall include, at a minimum--
                  [(A) scientific merit;
                  [(B) broad societal need and probable impact;
                  [(C) consideration of the results of formal 
                prioritization efforts by the scientific 
                community;
                  [(D) readiness of plans for construction and 
                operation;
                  [(E) the applicant's management and 
                administrative capacity of large research 
                facilities;
                  [(F) international and interagency 
                commitments; and
                  [(G) the order in which projects were 
                approved by the Board for inclusion in a future 
                budget request.]
  (a) Prioritization of Proposed Major Research Equipment and 
Facilities Construction.--
          (1) Development of priorities.--The Director shall--
                  (A) develop a list indicating by number the 
                relative priority for funding under the major 
                research equipment and facilities construction 
                account that the Director assigns to each 
                project the Board has approved for inclusion in 
                a future budget request; and
                  (B) submit the list described in subparagraph 
                (A) to the Board for approval.
          (2) Criteria.--The Director shall include in the 
        criteria for developing the list under paragraph (1) 
        the readiness of plans for construction and operation, 
        including confidence in the estimates of the full life-
        cycle cost (as defined in section 2 of the National 
        Science Foundation Authorization Act of 1998 (42 U.S.C. 
        1862k note)) and the proposed schedule of completion.
          (3) Updates.--The Director shall update the list 
        prepared under paragraph (1) each time the Board 
        approves a new project that would receive funding under 
        the major research equipment and facilities 
        construction account and periodically submit any 
        updated list to the Board for approval.
  (b) [Omitted]
  [(c)](b) Project Management.--No national research facility 
project funded under the major research equipment and 
facilities construction account shall be managed by an 
individual whose appointment to the Foundation is temporary.
  [(d)Board Approval of Major Research Equipment and Facilities 
Projects.--
          [(1) In general.--The Board shall explicitly approve 
        any project to be funded out of the major research 
        equipment and facilities construction account before 
        any funds may be obligated from such account for such 
        project.
          [(2) Report.--Not later than September 15 of each 
        fiscal year, the Board shall report to the Committee on 
        Commerce, Science, and Transportation of the Senate, 
        the Committee on Health, Education, Labor, and Pensions 
        of the Senate, and the Committee on Science of the 
        House of Representatives on the conditions of any 
        delegation of authority under section 4 of the National 
        Science Foundation Act of 1950 (42 U.S.C. 1863) that 
        relates to funds appropriated for any project in the 
        major research equipment and facilities construction 
        account.]
  (c) Board Approval of Major Research Equipment and Facilities 
Projects.--The Board shall explicitly approve any project to be 
funded out of the major research equipment and facilities 
construction account before any funds may be obligated from 
such account for such project.
  [(e) National Academy of Sciences Study on Major Research 
Equipment and Facilities Construction.--
          [(1) Study.--Not later than 3 months after the date 
        of enactment of this Act, the Director shall enter into 
        an arrangement with the National Academy of Sciences to 
        perform a study on setting priorities for a diverse 
        array of disciplinary and interdisciplinary Foundation-
        sponsored large research facility projects.
          [(2) Transmittal to congress.--Not later than 15 
        months after the date of the enactment of this Act, the 
        Director shall transmit to the Committee on Science and 
        the Committee on Appropriations of the House of 
        Representatives, and to the Committee on Commerce, 
        Science, and Transportation, the Committee on Health, 
        Education, Labor, and Pensions, and the Committee on 
        Appropriations of the Senate, the study conducted by 
        the National Academy of Sciences together with the 
        Foundation's reaction to the study authorized under 
        paragraph (1).]

             AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009

                   [Public Law 111-5; 123 Stat. 245]

SEC. 13202. RESEARCH AND DEVELOPMENT PROGRAMS.

                           [42 U.S.C. 17912]

  (a) Health Care Information Enterprise Integration Research 
Centers.--
          (1) In general.--The Director of the National 
        Institute of Standards and Technology, in consultation 
        with the Director of the National Science Foundation 
        and other appropriate Federal agencies, shall establish 
        a program of assistance to institutions of higher 
        education (or consortia thereof which may include 
        nonprofit entities and Federal Government laboratories) 
        to establish multidisciplinary Centers for Health Care 
        Information Enterprise Integration.
          (2) Review; competition.--Grants shall be awarded 
        under this subsection on a merit-reviewed, competitive 
        basis.
          (3) Purpose.--The purposes of the Centers described 
        in paragraph (1) shall be--
                  (A) to generate innovative approaches to 
                health care information enterprise integration 
                by conducting cutting-edge, multidisciplinary 
                research on the systems challenges to health 
                care delivery; and
                  (B) the development and use of health 
                information technologies and other 
                complementary fields.
          (4) Research areas.--Research areas may include--
                  (A) interfaces between human information and 
                communications technology systems;
                  (B) voice-recognition systems;
                  (C) software that improves interoperability 
                and connectivity among health information 
                systems;
                  (D) software dependability in systems 
                critical to health care delivery;
                  (E) measurement of the impact of information 
                technologies on the quality and productivity of 
                health care;
                  (F) health information enterprise management;
                  (G) health information technology security 
                and integrity; and
                  (H) relevant health information technology to 
                reduce medical errors.
          (5) Applications.--An institution of higher education 
        (or a consortium thereof) seeking funding under this 
        subsection shall submit an application to the Director 
        of the National Institute of Standards and Technology 
        at such time, in such manner, and containing such 
        information as the Director may require. The 
        application shall include, at a minimum, a description 
        of--
                  (A) the research projects that will be 
                undertaken by the Center established pursuant 
                to assistance under paragraph (1) and the 
                respective contributions of the participating 
                entities;
                  (B) how the Center will promote active 
                collaboration among scientists and engineers 
                from different disciplines, such as information 
                technology, biologic sciences, management, 
                social sciences, and other appropriate 
                disciplines;
                  (C) technology transfer activities to 
                demonstrate and diffuse the research results, 
                technologies, and knowledge; and
                  (D) how the Center will contribute to the 
                education and training of researchers and other 
                professionals in fields relevant to health 
                information enterprise integration.
  (b) National Information Technology Research and Development 
Program.--The [National High-Performance Computing Program] 
Networking and Information Technology Research and Development 
Program established by section 101 of the High-Performance 
Computing Act of 1991 (15 U.S.C. 5511) shall include Federal 
research and development programs related to health information 
technology.

                   ENTERPRISE INTEGRATION ACT OF 2002

                           [15 U.S.C. 278g-5]

SEC. 3. ENTERPRISE INTEGRATION INITIATIVE.

                           [15 U.S.C. 278g-5]

  (a) Establishment.--The Director shall establish an 
initiative for advancing enterprise integration within the 
United States. In carrying out this section, the Director shall 
involve, as appropriate, the various units of the National 
Institute of Standards and Technology, including the National 
Institute of Standards and Technology laboratories (including 
the Building and Fire Research Laboratory), the Hollings 
Manufacturing Extension Partnership program established under 
sections 25 and 26 of the National Institute of Standards and 
Technology Act (15 U.S.C. 278k and 278l), and the Malcolm 
Baldrige National Quality Program. This initiative shall build 
upon ongoing efforts of the National Institute of Standards and 
Technology and of the private sector, shall involve consortia 
that include government and industry, and shall address the 
enterprise integration needs of each United States major 
manufacturing industry at the earliest possible date.
  (b) Assessment.--For each major manufacturing industry, the 
Director may work with industry, trade associations, 
professional societies, and others as appropriate, to identify 
enterprise integration standardization and implementation 
activities underway in the United States and abroad that affect 
that industry and to assess the current state of enterprise 
integration within that industry. The Director may assist in 
the development of roadmaps to permit supply chains within the 
industry to operate as an integrated electronic enterprise. The 
roadmaps shall be based on voluntary consensus standards.
  (c) Authorized Activities.--In order to carry out this Act, 
the Director may work with industry, trade associations, 
professional societies, and others as appropriate--
          (1) to raise awareness in the United States, 
        including awareness by businesses that are majority 
        owned by women, minorities, or both, of enterprise 
        integration activities in the United States and abroad, 
        including by the convening of conferences;
          (2) on the development of enterprise integration 
        roadmaps;
          (3) to support the development, testing, 
        promulgation, integration, adoption, and upgrading of 
        standards related to enterprise integration including 
        application protocols; and
          (4) to provide technical assistance and, if 
        necessary, financial support to small- and medium-sized 
        businesses that set up pilot projects in enterprise 
        integration.
  (d) Manufacturing Extension Program.--The Director shall 
ensure that the Manufacturing Extension Program is prepared to 
advise small- and medium-sized businesses on how to acquire the 
expertise, equipment, and training necessary to participate 
fully in supply chains using enterprise integration.

                          AMERICA COMPETES ACT

                   [Public Law 110-69; 121 Stat. 572]

SEC. 1008. SENSE OF CONGRESS ON INNOVATION ACCELERATION RESEARCH.

                            [42 U.S.C. 6603]

  (a) Sense of Congress on Support and Promotion of Innovation 
in the United States.--It is the sense of Congress that each 
Federal research agency should strive to support and promote 
innovation in the United States through high-risk, high-reward 
basic research projects that--
          (1) meet fundamental technological or scientific 
        challenges;
          (2) involve multidisciplinary work; and
          (3) involve a high degree of novelty.
  (b) Sense of Congress on Setting Annual Funding Goals for 
Basic Research.--It is the sense of Congress that each 
Executive agency that funds research in science, technology, 
engineering, or mathematics should set a goal of allocating an 
appropriate percentage of the annual basic research budget of 
such agency to funding high-risk, high-reward basic research 
projects described in subsection (a).
  [(c) Report.--Each Executive agency described in subsection 
(b) shall submit to Congress each year, together with documents 
submitted to Congress in support of the budget of the President 
for the fiscal year beginning in such year (as submitted 
pursuant to section 1105 of title 31, United States Code), a 
report describing whether a funding goal as described in 
subsection (b) has been established, and if such a goal has 
been established, the following:
          [(1) A description of such funding goal.
          [(2) Whether such funding goal is being met by the 
        agency.
          [(3) A description of activities supported by amounts 
        allocated in accordance with such funding goal.]
  [(d)](c) Definitions.--In this section:
          (1) Basic research.--The term ``basic research'' has 
        the meaning given such term in the Office of Management 
        and Budget Circular No. A-11.
          (2) Executive agency.--The term ``Executive agency'' 
        has the meaning given such term in section 105 of title 
        5, United States Code.

SEC. 4002. NOAA OCEAN AND ATMOSPHERIC SCIENCE EDUCATION PROGRAMS.

                            [33 U.S.C. 893a]

  (a) In General.--The Administrator of the National Oceanic 
and Atmospheric Administration shall conduct, develop, support, 
promote, and coordinate formal and informal educational 
activities at all levels to enhance public awareness and 
understanding of ocean, coastal, Great Lakes, and atmospheric 
science and stewardship by the general public and other coastal 
stakeholders, including underrepresented groups in ocean and 
atmospheric science and policy careers. In conducting those 
activities, the Administrator shall build upon the educational 
programs and activities of agency, with consideration given to 
the goal of promoting the participation of individuals from 
underrepresented groups, including ethnic, racial, and economic 
minority groups, in STEM fields and in promoting the 
acquisition and retention of highly qualified and motivated 
young scientists to complement and supplement workforce needs.
  (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) are designed considering the unique needs 
                of underrepresented racial and ethnic groups, 
                translating such materials and other resources 
                into appropriate multi-lingual curricula;
                  [(C)](D) promote the adoption and 
                implementation of high-quality education 
                practices that build toward college and career-
                readiness; and
                  (E) are promoted widely, especially among 
                underrepresented groups (including among racial 
                and ethnic minority communities); 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.
  (c) NOAA Science Education Plan.--The Administrator, 
appropriate National Oceanic and Atmospheric Administration 
programs, ocean atmospheric science and education experts, and 
interested members of the public shall maintain a science 
education plan setting forth education goals and strategies for 
the Administration, as well as programmatic actions to carry 
out such goals and priorities over the next 20 years, and 
evaluate and update such plan every 5 years.
  (d) Metrics.--In executing the National Oceanic and 
Atmospheric Administration science education plan under 
subsection (c), the Administrator shall maintain a 
comprehensive system for evaluating the Administration's 
educational programs and activities. In so doing, the 
Administrator shall ensure that such education programs have 
measurable objectives and milestones as well as clear, 
documented metrics for evaluating programs. For each such 
education program or portfolio of similar programs, the 
Administrator shall--
          (1) encourage the collection of evidence as relevant 
        to the measurable objectives and milestones; and
          (2) ensure that program or portfolio evaluations 
        focus on educational outcomes and not just inputs, 
        activities completed, or the number of participants.
  [(d)](e) Construction.--Nothing in this section may be 
construed to affect the application of section 438 of the 
General Education Provisions Act (20 U.S.C. 1232a) or sections 
504 and 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794 
and 794d).
  [(e)](f) STEM Defined.--In this section, the term ``STEM'' 
means the academic and professional disciplines of science, 
technology, engineering, and mathematics.

[SEC. 6111. PURPOSE.

                            [20 U.S.C. 9811]

  [The purpose of this part is--
          [(1) to develop and implement programs to provide 
        integrated courses of study in science, technology, 
        engineering, mathematics, or critical foreign 
        languages, and teacher education, that lead to a 
        baccalaureate degree in science, technology, 
        engineering, mathematics, or a critical foreign 
        language, with concurrent teacher certification;
          [(2) to develop and implement 2- or 3-year part-time 
        master's degree programs in science, technology, 
        engineering, mathematics, or critical foreign language 
        education for teachers in order to enhance the 
        teachers' content knowledge and pedagogical skills; and
          [(3) to develop programs for professionals in 
        science, technology, engineering, mathematics, or 
        critical foreign language education that lead to a 
        master's degree in teaching that results in teacher 
        certification.]

[SEC. 6112. DEFINITIONS.

                            [20 U.S.C. 9812]

  [In this part:
          [(1) Children from low-income families.--The term 
        ``children from low-income families'' means children 
        described in section 1124(c)(1)(A) of the Elementary 
        and Secondary Education Act of 1965 (20 U.S.C. 
        6333(c)(1)(A)).
          [(2) Eligible recipient.--The term ``eligible 
        recipient'' means an institution of higher education 
        that receives grant funds under this part on behalf of 
        a department of science, technology, engineering, 
        mathematics, or a critical foreign language, or on 
        behalf of a department or school with a competency-
        based degree program (in science, technology, 
        engineering, mathematics, or a critical foreign 
        language) that includes teacher certification, for use 
        in carrying out activities assisted under this part.
          [(3) High-need local educational agency.--The term 
        ``high-need local educational agency'' means a local 
        educational agency or educational service agency--
                  [(A)(i) that serves not fewer than 10,000 
                children from low-income families;
                          [(ii) for which not less than 20 
                        percent of the children served by the 
                        agency are children from low-income 
                        families; or
                          [(iii) with a total of less than 600 
                        students in average daily attendance at 
                        the schools that are served by the 
                        agency and all of whose schools are 
                        designated with a school locale code of 
                        41, 42, or 43, as determined by the 
                        Secretary; and
                  [(B)(i) for which there is a high percentage 
                of teachers providing instruction in academic 
                subject areas or grade levels for which the 
                teachers are not highly qualified; or
                          [(ii) for which there is a high 
                        teacher turnover rate or a high 
                        percentage of teachers with emergency, 
                        provisional, or temporary certification 
                        or licensure.
          [(4) Highly qualified.--The term ``highly qualified'' 
        has the meaning given such term in section 9101 of the 
        Elementary and Secondary Education Act of 1965 (20 
        U.S.C. 7801) and, with respect to special education 
        teachers, in section 602 of the Individuals with 
        Disabilities Education Act (20 U.S.C. 1401).
          [(5) Partnership.--The term ``partnership'' means a 
        partnership that--
                  [(A) shall include--
                          [(i) an eligible recipient;
                          [(ii)(I)(aa) a department within the 
                        eligible recipient that provides a 
                        program of study in science, 
                        technology, engineering, mathematics, 
                        or a critical foreign language; and
                                          [(bb) a school, 
                                        department, or program 
                                        of education within the 
                                        eligible recipient, or 
                                        a 2-year institution of 
                                        higher education that 
                                        has a teacher 
                                        preparation offering or 
                                        a dual enrollment 
                                        program with the 
                                        eligible recipient; or
                                  [(II) a department or school 
                                within the eligible recipient 
                                with a competency-based degree 
                                program (in science, 
                                technology, engineering, 
                                mathematics, or a critical 
                                foreign language) that includes 
                                teacher certification; and
                          [(iii) not less than 1 high-need 
                        local educational agency and a public 
                        school or a consortium of public 
                        schools served by the agency; and
                  [(B) may include a nonprofit organization 
                that has a demonstrated record of providing 
                expertise or support to meet the purposes of 
                this part.
          [(6) Teaching skills.--The term ``teaching skills'' 
        means the ability to--
                  [(A) increase student achievement and 
                learning and increase a student's ability to 
                apply knowledge;
                  [(B) effectively convey and explain academic 
                subject matter;
                  [(C) employ strategies grounded in the 
                disciplines of teaching and learning that--
                          [(i) are based on scientifically 
                        valid research;
                          [(ii) are specific to academic 
                        subject matter; and
                          [(iii) focus on the identification of 
                        students' specific learning needs, 
                        particularly students with 
                        disabilities, students who are limited 
                        English proficient, students who are 
                        gifted and talented, and students with 
                        low literacy levels, and the tailoring 
                        of academic instruction to such needs;
                  [(D) conduct ongoing assessment of student 
                learning;
                  [(E) effectively manage a classroom; and
                  [(F) communicate and work with parents and 
                guardians, and involve parents and guardians in 
                their children's education.]

[SEC. 6113. PROGRAMS FOR BACCALAUREATE DEGREES IN SCIENCE, TECHNOLOGY, 
                    ENGINEERING, MATHEMATICS, OR CRITICAL FOREIGN 
                    LANGUAGES, WITH CONCURRENT TEACHER CERTIFICATION.

                            [20 U.S.C. 9813]

  [(a) Program Authorized.--From the amounts made available to 
carry out this section under section 6116(1) and not reserved 
under section 6115(d) for a fiscal year, the Secretary is 
authorized to award grants, on a competitive basis, to eligible 
recipients to enable partnerships served by the eligible 
recipients to develop and implement programs to provide courses 
of study in science, technology, engineering, mathematics, or 
critical foreign languages that--
          [(1) are integrated with teacher education; and
          [(2) lead to a baccalaureate degree in science, 
        technology, engineering, mathematics, or a critical 
        foreign language with concurrent teacher certification.
  [(b) Application.--Each eligible recipient desiring a grant 
under this section shall submit an application to the Secretary 
at such time and in such manner as the Secretary may require. 
Each application shall--
          [(1) describe the program for which assistance is 
        sought;
          [(2) describe how a department of science, 
        technology, engineering, mathematics, or a critical 
        foreign language participating in the partnership will 
        ensure significant collaboration with a teacher 
        preparation program in the development of undergraduate 
        degrees in science, technology, engineering, 
        mathematics, or a critical foreign language, with 
        concurrent teacher certification, including providing 
        student teaching and other clinical classroom 
        experiences or how a department or school participating 
        in the partnership with a competency-based degree 
        program has ensured, in the development of a 
        baccalaureate degree program in science, technology, 
        engineering, mathematics, or a critical foreign 
        language, the provision of concurrent teacher 
        certification, including providing student teaching and 
        other clinical classroom experiences;
          [(3) describe the high-quality research, laboratory, 
        or internship experiences, integrated with coursework, 
        that will be provided under the program;
          [(4) describe how members of groups that are 
        underrepresented in the teaching of science, 
        technology, engineering, mathematics, or critical 
        foreign languages will be encouraged to participate in 
        the program;
          [(5) describe how program participants will be 
        encouraged to teach in schools determined by the 
        partnership to be most in need, and the assistance in 
        finding employment in such schools that will be 
        provided;
          [(6) describe the ongoing activities and services 
        that will be provided to graduates of the program;
          [(7) describe how the activities of the partnership 
        will be coordinated with any activities funded through 
        other Federal grants, and how the partnership will 
        continue the activities assisted under the program when 
        the grant period ends;
          [(8) describe how the partnership will assess the 
        content knowledge and teaching skills of the program 
        participants; and
          [(9) provide any other information the Secretary may 
        reasonably require.
  [(c) Priority.--Priority shall be given to applications whose 
primary focus is on placing participants in high-need local 
educational agencies.
  [(d) Authorized Activities.--
          [(1) In general.--Each eligible recipient receiving a 
        grant under this section shall use the grant funds to 
        enable a partnership to develop and implement a program 
        to provide courses of study in science, technology, 
        engineering, mathematics, or a critical foreign 
        language that--
                  [(A) are integrated with teacher education 
                programs that promote effective teaching 
                skills; and
                  [(B) lead to a baccalaureate degree in 
                science, technology, engineering, mathematics, 
                or a critical foreign language with concurrent 
                teacher certification.
          [(2) Program requirements.--The program shall--
                  [(A) provide high-quality research, 
                laboratory, or internship experiences for 
                program participants;
                  [(B) provide student teaching or other 
                clinical classroom experiences that--
                          [(i) are integrated with coursework; 
                        and
                          [(ii) lead to the participants' 
                        ability to demonstrate effective 
                        teaching skills;
                  [(C) if implementing a program in which 
                program participants are prepared to teach 
                science, technology, engineering, mathematics, 
                or critical foreign language courses, include 
                strategies for improving student literacy;
                  [(D) encourage the participation of 
                individuals who are members of groups that are 
                underrepresented in the teaching of science, 
                technology, engineering, mathematics, or 
                critical foreign languages;
                  [(E) encourage participants to teach in 
                schools determined by the partnership to be 
                most in need, and actively assist the 
                participants in finding employment in such 
                schools;
                  [(F) offer training in the use of and 
                integration of educational technology;
                  [(G) collect data regarding and evaluate, 
                using measurable objectives and benchmarks, the 
                extent to which the program succeeded in--
                          [(i) increasing the percentage of 
                        highly qualified mathematics, science, 
                        or critical foreign language teachers, 
                        including increasing the percentage of 
                        such teachers teaching in those schools 
                        determined by the partnership to be 
                        most in need;
                          [(ii) improving student academic 
                        achievement in mathematics, science, 
                        and where applicable, technology and 
                        engineering;
                          [(iii) increasing the number of 
                        students in secondary schools enrolled 
                        in upper level mathematics, science, 
                        and, where available, technology and 
                        engineering courses; and
                          [(iv) increasing the numbers of 
                        elementary school and secondary school 
                        students enrolled in and continuing in 
                        critical foreign language courses;
                  [(H) collect data on the employment placement 
                and retention of all graduates of the program, 
                including information on how many graduates are 
                teaching and in what kinds of schools;
                  [(I) provide ongoing activities and services 
                to graduates of the program who teach 
                elementary school or secondary school, by--
                          [(i) keeping the graduates informed 
                        of the latest developments in their 
                        respective academic fields; and
                          [(ii) supporting the graduates of the 
                        program who are employed in schools in 
                        the local educational agency 
                        participating in the partnership during 
                        the initial years of teaching through--
                                  [(I) induction programs;
                                  [(II) promotion of effective 
                                teaching skills; and
                                  [(III) providing 
                                opportunities for regular 
                                professional development; and
                  [(J) develop recommendations to improve the 
                school, department, or program of education 
                participating in the partnership.
  [(e) Annual Report.--Each eligible recipient receiving a 
grant under this section shall collect and report to the 
Secretary annually such information as the Secretary may 
reasonably require, including--
          [(1) the number of participants in the program;
          [(2) information on the academic majors of 
        participating students;
          [(3) the race, gender, income, and disability status 
        of program participants;
          [(4) the placement of program participants as 
        teachers in schools determined by the partnership to be 
        most in need;
          [(5) the extent to which the program succeeded in 
        meeting the objectives and benchmarks described in 
        subsection (d)(2)(G); and
          [(6) the data collected under subparagraphs (G) and 
        (H) of subsection (d)(2).
  [(f) Technical Assistance.--From the funds made available 
under section 6116(1), the Secretary may provide technical 
assistance to an eligible recipient developing a baccalaureate 
degree program with concurrent teacher certification, including 
technical assistance provided through a grant or contract 
awarded on a competitive basis to an institution of higher 
education or a technical assistance center.
  [(g) Compliance With FERPA.--Any activity under this section 
shall be carried out in compliance with section 444 of the 
General Education Provisions Act (20 U.S.C. 1232g) (commonly 
known as the Family Educational Rights and Privacy Act of 
1974).
  [(h) Induction Program Defined.--In this section, the term 
``induction program'' means a formalized program for new 
teachers during not less than the teachers' first 2 years of 
teaching that is designed to provide support for, and improve 
the professional performance and advance the retention in the 
teaching field of, beginning teachers. Such program shall 
promote effective teaching skills and shall include the 
following components:
          [(1) High-quality teacher mentoring.
          [(2) Periodic, structured time for collaboration with 
        teachers in the same department or field, as well as 
        time for information-sharing among teachers, 
        principals, administrators, and participating faculty 
        in the partner institution.
          [(3) The application of empirically based practice 
        and scientifically valid research on instructional 
        practices.
          [(4) Opportunities for new teachers to draw directly 
        upon the expertise of teacher mentors, faculty, and 
        researchers to support the integration of empirically 
        based practice and scientifically valid research with 
        practice.
          [(5) The development of skills in instructional and 
        behavioral interventions derived from empirically based 
        practice and, where applicable, scientifically valid 
        research.
          [(6) Faculty who--
                  [(A) model the integration of research and 
                practice in the classroom; and
                  [(B) assist new teachers with the effective 
                use and integration of technology in the 
                classroom.
          [(7) Interdisciplinary collaboration among exemplary 
        teachers, faculty, researchers, and other staff who 
        prepare new teachers on the learning process and the 
        assessment of learning.
          [(8) Assistance with the understanding of data, 
        particularly student achievement data, and the data's 
        applicability in classroom instruction.
          [(9) Regular evaluation of the new teacher.]

[SEC. 6114. PROGRAMS FOR MASTER'S DEGREES IN SCIENCE, TECHNOLOGY, 
                    ENGINEERING, MATHEMATICS, OR CRITICAL FOREIGN 
                    LANGUAGE EDUCATION.

                            [20 U.S.C. 9814]

  [(a) Program Authorized.--From the amounts made available to 
carry out this section under section 6116(2) and not reserved 
under section 6115(d) for a fiscal year, the Secretary is 
authorized to award grants, on a competitive basis, to eligible 
recipients to enable the partnerships served by the eligible 
recipients to develop and implement--
          [(1) 2- or 3-year part-time master's degree programs 
        in science, technology, engineering, mathematics, or 
        critical foreign language education for teachers in 
        order to enhance the teacher's content knowledge and 
        teaching skills; or
          [(2) programs for professionals in science, 
        technology, engineering, mathematics, or a critical 
        foreign language that lead to a 1-year master's degree 
        in teaching that results in teacher certification.
  [(b) Application.--Each eligible recipient desiring a grant 
under this section shall submit an application to the Secretary 
at such time and in such manner as the Secretary may require. 
Each application shall describe--
          [(1) how a department of science, technology, 
        engineering, mathematics, or a critical foreign 
        language will ensure significant collaboration with a 
        school, department, or program of education in the 
        development of the master's degree programs authorized 
        under subsection (a), or how a department or school 
        with a competency-based degree program has ensured, in 
        the development of a master's degree program, the 
        provision of rigorous studies in science, technology, 
        engineering, mathematics, or a critical foreign 
        language that enhance the teachers' content knowledge 
        and teaching skills;
          [(2) the role of the local educational agency in the 
        partnership in developing and administering the program 
        and how feedback from the local educational agency, 
        school, and participants will be used to improve the 
        program;
          [(3) how the program will help increase the 
        percentage of highly qualified mathematics, science, or 
        critical foreign language teachers, including 
        increasing the percentage of such teachers teaching in 
        schools determined by the partnership to be most in 
        need;
          [(4) how the program will--
                  [(A) improve student academic achievement in 
                mathematics, science, and, where applicable, 
                technology and engineering and increase the 
                number of students taking upper-level courses 
                in such subjects; or
                  [(B) increase the numbers of elementary 
                school and secondary school students enrolled 
                and continuing in critical foreign language 
                courses;
          [(5) how the program will prepare participants to 
        become more effective science, technology, engineering, 
        mathematics, or critical foreign language teachers;
          [(6) how the program will prepare participants to 
        assume leadership roles in their schools;
          [(7) how teachers (or science, technology, 
        engineering, mathematics, or critical foreign language 
        professionals) who are members of groups that are 
        underrepresented in the teaching of science, 
        technology, engineering, mathematics, or critical 
        foreign languages and teachers from schools determined 
        by the partnership to be most in need will be 
        encouraged to apply for and participate in the program;
          [(8) the ongoing activities and services that will be 
        provided to graduates of the program;
          [(9) how the partnership will continue the activities 
        assisted under the grant when the grant period ends;
          [(10) how the partnership will assess, during the 
        program, the content knowledge and teaching skills of 
        the program participants; and
          [(11) methods to ensure applicants to the master's 
        degree program for professionals in science, 
        technology, engineering, mathematics, or a critical 
        foreign language demonstrate advanced knowledge in the 
        relevant subject.
  [(c) Authorized Activities.--Each eligible recipient 
receiving a grant under this section shall use the grant funds 
to develop and implement a 2- or 3-year part-time master's 
degree program in science, technology, engineering, 
mathematics, or critical foreign language education for 
teachers in order to enhance the teachers' content knowledge 
and teaching skills, or programs for professionals in science, 
technology, engineering, mathematics, or a critical foreign 
language that lead to a 1-year master's degree in teaching that 
results in teacher certification. The program shall--
          [(1) promote effective teaching skills so that 
        program participants become more effective science, 
        technology, engineering, mathematics, or critical 
        foreign language teachers;
          [(2) prepare teachers to assume leadership roles in 
        their schools by participating in activities such as 
        teacher mentoring, development of curricula that 
        integrate state of the art applications of science, 
        technology, engineering, mathematics, or critical 
        foreign language into the classroom, working with 
        school administrators in establishing in-service 
        professional development of teachers, and assisting in 
        evaluating data and assessments to improve student 
        academic achievement;
          [(3) use high-quality research, laboratory, or 
        internship experiences for program participants that 
        are integrated with coursework;
          [(4) provide student teaching or clinical classroom 
        experience;
          [(5) if implementing a program in which participants 
        are prepared to teach science, technology, engineering, 
        mathematics, or critical foreign language courses, 
        provide strategies for improving student literacy;
          [(6) align the content knowledge in the master's 
        degree program with challenging student academic 
        achievement standards and challenging academic content 
        standards established by the State in which the program 
        is conducted;
          [(7) encourage the participation of--
                  [(A) individuals who are members of groups 
                that are underrepresented in the teaching of 
                science, technology, engineering, mathematics, 
                or critical foreign languages;
                  [(B) members of the Armed Forces who are 
                transitioning to civilian life; and
                  [(C) teachers teaching in schools determined 
                by the partnership to be most in need;
          [(8) offer tuition assistance, based on need, as 
        appropriate;
          [(9) create opportunities for enhanced and ongoing 
        professional development for teachers that improves the 
        science, technology, engineering, mathematics, and 
        critical foreign language content knowledge and 
        teaching skills of such teachers; and
          [(10) evaluate and report on the impact of the 
        program, in accordance with subsection (d).
  [(d) Evaluation and Report.--Each eligible recipient 
receiving a grant under this section shall evaluate, using 
measurable objectives and benchmarks, and provide an annual 
report to the Secretary regarding, the extent to which the 
program assisted under this section succeeded in the following:
          [(1) Increasing the number and percentage of science, 
        technology, engineering, mathematics, or critical 
        foreign language teachers who have a master's degree 
        and meet 1 or more of the following requirements:
                  [(A) Are teaching in schools determined by 
                the partnership to be most in need, and taught 
                in such schools prior to participation in the 
                program.
                  [(B) Are teaching in schools determined by 
                the partnership to be most in need, and did not 
                teach in such schools prior to participation in 
                the program.
                  [(C) Are members of a group underrepresented 
                in the teaching of science, technology, 
                engineering, mathematics, or a critical foreign 
                language.
          [(2) Bringing professionals in science, technology, 
        engineering, mathematics, or a critical foreign 
        language into the field of teaching.
          [(3) Retaining teachers who participate in the 
        program.]

[SEC. 6115. GENERAL PROVISIONS.

                            [20 U.S.C. 9815]

  [(a) Duration of Grants.--The Secretary shall award each 
grant under this part for a period of not more than 5 years.
  [(b) Matching Requirement.--Each eligible recipient that 
receives a grant under this part shall provide, from non-
Federal sources, an amount equal to 50 percent of the amount of 
the grant (which may be provided in cash or in kind) to carry 
out the activities supported by the grant.
  [(c) Supplement, Not Supplant.--Grant funds provided under 
this part shall be used to supplement, and not supplant, other 
Federal or State funds.
  [(d) Evaluation.--From amounts made available for any fiscal 
year under section 6116, the Secretary shall reserve such sums 
as may be necessary--
          [(1) to provide for the conduct of an annual 
        independent evaluation, by grant or by contract, of the 
        activities assisted under this part, which shall 
        include an assessment of the impact of the activities 
        on student academic achievement; and
          [(2) to prepare and submit an annual report on the 
        results of the evaluation described in paragraph (1) to 
        the Committee on Health, Education, Labor, and Pensions 
        of the Senate, the Committee on Education and Labor of 
        the House of Representatives, and the Committees on 
        Appropriations of the Senate and House of 
        Representatives.]

[SEC. 6116. AUTHORIZATION OF APPROPRIATIONS.

                            [20 U.S.C. 9816]

  [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.]

SEC. 7012. FUNDING FOR SUCCESSFUL SCIENCE, TECHNOLOGY, ENGINEERING, AND 
                    MATHEMATICS EDUCATION PROGRAMS.

                          [42 U.S.C. 1862o-4]

  (a) Evaluation of Programs.--The Director shall, on an annual 
basis, evaluate all of the Foundation's grants that are 
scheduled to expire within 1 year and--
          (1) that have the primary purpose of meeting the 
        objectives of the Science and Engineering Equal 
        Opportunity Act (42 U.S.C. 1885 et seq.); or
          (2) that have the primary purpose of providing 
        teacher professional development.
  (b) Continuation of Funding.--For grants that are identified 
under subsection (a) and that are determined by the Director to 
be successful in meeting the objectives of the initial grant 
solicitation, the Director may extend the duration of those 
grants for not more than 3 additional years beyond their 
scheduled expiration without the requirement for a 
recompetition.
  [(c) Report to Congress.--Not later than 1 year after the 
date of enactment of this Act, and annually thereafter, the 
Director shall submit a report to the Committee on Science and 
Technology of the House of Representatives and to the Committee 
on Commerce, Science, and Transportation and the Committee on 
Health, Education, Labor, and Pensions of the Senate that--
          [(1) lists the grants that have been extended in 
        duration by the authority provided under this section; 
        and
          [(2) provides any recommendations the Director may 
        have regarding the extension of the authority provided 
        under this section to programs other than those 
        specified in subsection (a).]

SEC. 7031. ENCOURAGING PARTICIPATION.

[42 U.S.C. 1862o-11]

           *       *       *       *       *       *       *

  [(b) Evaluation and Report.--The Director shall establish 
metrics to evaluate the success of the programs established by 
the Foundation for encouraging individuals identified in 
section 33 or 34 of the Science and Engineering Equal 
Opportunities Act (42 U.S.C. 1885a or 1885b) to study and 
prepare for careers in science, technology, engineering, and 
mathematics, including programs that provide for mentoring for 
such individuals. The Director shall carry out evaluations 
based on the metrics developed and report to Congress annually 
on the findings and conclusions of the evaluations.]

              AMERICA COMPETES REAUTHORIZATION ACT OF 2010

                  [Public Law 111-358; 124 Stat. 3982]

SEC. 101. COORDINATION OF FEDERAL STEM EDUCATION.

                            [42 U.S.C. 6621]

  (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[.];
          (7) collaborate with the STEM Education Advisory 
        Panel established under section 303 of the American 
        Innovation and Competitiveness Act and other outside 
        stakeholders to ensure the engagement of the STEM 
        education community;
          (8) review the measures used by a Federal agency to 
        evaluate its STEM education activities and programs;
          (9) request and review feedback from States on how 
        the States are utilizing Federal STEM education 
        programs and activities; and
          (10) recommend the reform, termination, or 
        consolidation of Federal STEM education activities and 
        programs, taking into consideration the recommendations 
        of the STEM Education Advisory Panel.
  [(b)](c) [Responsibilities of OSTP] 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)](d) [Report] 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))[.]; 
          (6) a description of all consolidations and 
        terminations of Federal STEM education programs and 
        activities implemented in the previous fiscal year, 
        including an explanation for the consolidations and 
        terminations;
          (7) recommendations for reforms, consolidations, and 
        terminations of STEM education programs or activities 
        in the upcoming fiscal year; and
          (8) a description of any significant new STEM 
        education public-private partnerships.

SEC. 502. DEFINITIONS.

                         [42 U.S.C. 1862p note]

  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.]
          (2) EPSCoR.--The term ``EPSCoR'' means--
                  (A) the Established Program to Stimulate 
                Competitive Research established by the 
                Foundation; or
                  (B) a program similar to the Established 
                Program to Stimulate Competitive Research at 
                another Federal agency.
          (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.

SEC. 517. EXPERIMENTAL PROGRAM TO STIMULATE COMPETITIVE RESEARCH.

                          [42 U.S.C. 1862p-9]

  (a) Findings.--The Congress finds that--
          (1) [The National] 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,] 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;] with 28 
        States and jurisdictions, taken together, receiving 
        only about 12 percent of all National Science 
        Foundation research funding;
          [(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.]
          (3) each of the States described in paragraph (2) 
        receives only a fraction of 1 percent of the 
        Foundation's research dollars each year;
          (4) first established at the National Science 
        Foundation in 1979, the Experimental Program to 
        Stimulate Competitive Research (referred to in this 
        section as ``EPSCoR'') assists States and jurisdictions 
        historically underserved by Federal research and 
        development funding in strengthening their research and 
        innovation capabilities;
          (5) the EPSCoR structure requires each participating 
        State to develop a science and technology plan suited 
        to State and local research, education, and economic 
        interests and objectives;
          (6) EPSCoR has been credited with advancing the 
        research competitiveness of participating States, 
        improving awareness of science, promoting policies that 
        link scientific investment and economic growth, and 
        encouraging partnerships between government, industry, 
        and academia;
          (7) EPSCoR proposals are evaluated through a rigorous 
        and competitive merit-review process to ensure that 
        awarded research and development efforts meet high 
        scientific standards; and
          (8) according to the National Academy of Sciences, 
        EPSCoR has strengthened the national research 
        infrastructure and enhanced the educational 
        opportunities needed to develop the science and 
        engineering workforce.
  (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)](c) 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] EPSCoR 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] each EPSCoR 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] 
                each EPSCoR 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] each EPSCoR 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] each EPSCoR;
                  (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] 
                each EPSCoR 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)](d) 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.]
  (d) Federal Agency Reports.--Each Federal agency that 
administers an EPSCoR shall submit to Congress, 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 
        fiscal year, including--
                  (A) the total amount made available, by 
                State, under EPSCoR;
                  (B) the total amount of agency funding made 
                available to all institutions and entities 
                within each EPSCoR State;
                  (C) the efforts and accomplishments to more 
                fully integrate the EPSCoR States in major 
                agency activities and initiatives;
                  (D) the percentage of EPSCoR reviewers from 
                EPSCoR States; and
                  (E) 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 over the last 5 fiscal years.
  [(f)](e) 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] EPSCoR.
          (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.
  [(g)](f) Award Structure Updates.--In implementing the 
mandate to maximize the impact of Federal EPSCoR support on 
building competitive research infrastructure, and based on the 
inputs and recommendations of previous EPSCoR reviews, the head 
of each Federal agency administering an EPSCoR program shall--
          (1) consider modifications to EPSCoR proposal 
        solicitation, award type, and project evaluation--
                  (A) to more closely align with current agency 
                priorities and initiatives;
                  (B) to focus EPSCoR funding on achieving 
                critical scientific, infrastructure, and 
                educational needs of that agency;
                  (C) to encourage collaboration between 
                EPSCoR-eligible institutions and researchers, 
                including with institutions and researchers in 
                other States and jurisdictions;
                  (D) to improve communication between State 
                and Federal agency proposal reviewers; and
                  (E) to continue to reduce administrative 
                burdens associated with EPSCoR;
          (2) consider modifications to EPSCoR award 
        structures--
                  (A) to emphasize long-term investments in 
                building research capacity, potentially through 
                the use of larger, renewable funding 
                opportunities; and
                  (B) to allow the agency, States, and 
                jurisdictions to experiment with new research 
                and development funding models; and
          (3) consider modifications to the mechanisms used to 
        monitor and evaluate EPSCoR awards--
                  (A) to increase collaboration between EPSCoR-
                funded researchers and agency staff, including 
                by providing opportunities for mentoring young 
                researchers and for the use of Federal 
                facilities;
                  (B) to identify and disseminate best 
                practices; and
                  (C) to harmonize metrics across participating 
                Federal agencies, as appropriate.

SEC. 526. BROADER IMPACTS REVIEW CRITERION.

                            [123 Stat. 4019]

  (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.]
          (6) Improved undergraduate STEM education and 
        instruction.
          (7) Increased public scientific literacy.
          (8) Increased national security.

           *       *       *       *       *       *       *

   TITLE 10. ARMED FORCES SUBTITLE A. GENERAL MILITARY LAW PART III. 
 TRAINING AND EDUCATION CHAPTER 111. SUPPORT OF SCIENCE, MATHEMATICS, 
                       AND ENGINEERING EDUCATION

Sec. 2199. Definitions

  In this chapter:
          (1) The term ``defense laboratory'' means a 
        laboratory operated by the Department of Defense or 
        owned by the Department of Defense and operated by a 
        contractor or a facility of a Defense Agency at which 
        research and development activities are conducted.
          (2) The term ``institution of higher education'' has 
        the meaning given such term in section 101 of the 
        Higher Education Act of 1965.
          (3) The term ``regional center for the transfer of 
        manufacturing technology'' means a [regional center] 
        manufacturing extension center for the transfer of 
        manufacturing technology and best practices referred to 
        in section [25(a)] 25(b) of the National Institute of 
        Standards and Technology Act (15 U.S.C. 278k).

     TITLE 51. NATIONAL AND COMMERCIAL SPACE PROGRAMS SUBTITLE IV. 
  AERONAUTICS AND SPACE RESEARCH AND EDUCATION CHAPTER 403. NATIONAL 
               SPACE GRANT COLLEGE AND FELLOWSHIP PROGRAM

Sec. 40303. National space grant college and fellowship program

  (a) Establishment.--The Administrator shall establish and 
maintain, within the Administration, a program to be known as 
the national space grant college and fellowship program. The 
national space grant college and fellowship program shall 
consist of the financial assistance and other activities 
provided for in this chapter. The Administrator shall establish 
long-range planning guidelines and priorities, and adequately 
evaluate the program.
  (b) Functions.--Within the Administration, the program 
shall--
          (1) apply the long-range planning guidelines and the 
        priorities established by the Administrator under 
        subsection (a);
          (2) advise the Administrator with respect to the 
        expertise and capabilities which are available through 
        the national space grant college and fellowship 
        program, and make such expertise available to the 
        Administration as directed by the Administrator;
          (3) evaluate activities conducted under grants and 
        contracts awarded pursuant to sections 40304 and 40305 
        of this title to ensure that the purposes set forth in 
        section 40301 of this title are implemented;
          (4) encourage other Federal departments, agencies, 
        and instrumentalities to use and take advantage of the 
        expertise and capabilities which are available through 
        the national space grant college and fellowship 
        program, on a cooperative or other basis;
          (5) encourage cooperation and coordination with other 
        Federal programs concerned with the development of 
        space resources and fields related to space;
          (6) advise the Administrator on the designation of 
        recipients supported by the national space grant 
        college and fellowship program and, in appropriate 
        cases, on the termination or suspension of any such 
        designation; and
          (7) encourage the formation and growth of space grant 
        and fellowship programs.
  (c) General Authorities.--To carry out the provisions of this 
chapter, the Administrator may--
          (1) accept conditional or unconditional gifts or 
        donations of services, money, or property, real, 
        personal or mixed, tangible or intangible;
          (2) accept and use funds from other Federal 
        departments, agencies, and instrumentalities to pay for 
        fellowships, grants, contracts, and other transactions; 
        and
          (3) issue such rules and regulations as may be 
        necessary and appropriate.
  (d) Program Administration Costs.--In carrying out the 
provisions of this chapter, the Administrator--
          (1) shall maximize appropriated funds for grants and 
        contracts made under section 40304 in each fiscal year; 
        and
          (2) in each fiscal year, the Administrator shall 
        limit its program administration costs to no more than 
        5 percent of funds appropriated for this program for 
        that fiscal year.
  (e) Reports.--For any fiscal year in which the Administrator 
cannot meet the administration cost target under subsection 
(d)(2), if the Administration is unable to limit program costs 
under subsection (b), the Administrator shall submit to the 
appropriate committees of Congress a report, including--
          (1) a description of why the Administrator did not 
        meet the cost target under subsection (d); and
          (2) the measures the Administrator will take in the 
        next fiscal year to meet the cost target under 
        subsection (d) without drawing upon other Federal 
        funding.

                                  [all]
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