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[Senate Report 111-363]
[From the U.S. Government Publishing Office]

111th Congress 
 2d Session                      SENATE                          Report
                                                                111-363
_______________________________________________________________________

                                     

                                                       Calendar No. 687

              AMERICA COMPETES REAUTHORIZATION ACT OF 2010

                               __________

                              R E P O R T

                                 OF THE

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                   on

                                S. 3605

                                     

               December 10, 2010.--Ordered to be printed
       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
                     one hundred eleventh congress
                             second session

            JOHN D. ROCKEFELLER IV, West Virginia, Chairman
DANIEL K. INOUYE, Hawaii             KAY BAILEY HUTCHISON, Texas
JOHN F. KERRY, Massachusetts         OLYMPIA J. SNOWE, Maine
BYRON L. DORGAN, North Dakota        JOHN ENSIGN, Nevada
BARBARA BOXER, California            JIM DeMINT, South Carolina
BILL NELSON, Florida                 JOHN THUNE, South Dakota
MARIA CANTWELL, Washington           ROGER F. WICKER, Mississippi
FRANK R. LAUTENBERG, New Jersey      GEORGE S. LeMIEUX, Florida
MARK PRYOR, Arkansas                 JOHNNY ISAKSON, Georgia
CLAIRE McCASKILL, Missouri           DAVID VITTER, Louisiana
AMY KLOBUCHAR, Minnesota             SAM BROWNBACK, Kansas
TOM UDALL, New Mexico                MIKE JOHANNS, Nebraska
MARK WARNER, Virginia
MARK BEGICH, Alaska
                     Ellen Doneski, Staff Director
                   James Reid, Deputy Staff Director
                     Bruce Andrews, General Counsel
                 Ann Begeman, Republican Staff Director
              Brian Hendricks, Republican General Counsel
                Todd Bertoson, Republican Senior Counsel

                                                       Calendar No. 687
111th Congress                                                   Report
                                 SENATE
 2d Session                                                     111-363

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

 
              AMERICA COMPETES REAUTHORIZATION ACT OF 2010

                                _______
                                

               December 10, 2010.--Ordered to be printed

                                _______
                                

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

                              R E P O R T

                         [To accompany S. 3605]

    The Committee on Commerce, Science, and Transportation, to 
which was referred the bill (S. 3605) to invest in innovation 
through research and development, to improve the 
competitiveness of the United States, and for other purposes, 
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 the America COMPETES Reauthorization Act of 
2010 is to increase American competitiveness through 
investments in research and development, strengthen science, 
technology, engineering, and mathematics education, and develop 
research infrastructure.

                          Background and Needs

  The America COMPETES (Creating Opportunities to Meaningfully 
Promote Excellence In Technology, Education, and Science) Act 
of 2007 (P.L. 110-69) was a response to concerns that the 
nation's ability to compete in the global economy would be 
hindered by, among other things, an insufficient investment in 
research and development (R&D) and science, technology, 
engineering, and mathematics (STEM) education. These concerns, 
and specific recommendations to address them, were detailed in 
a 2005 National Academies' study that produced the report, 
Rising Above the Gathering Storm: Energizing and Employing 
America for a Brighter Economic Future. The report was authored 
by a nonpartisan committee of business leaders, university 
presidents, and prominent scholars, and suggested actions in 
four broad areas: K-12 science and math education; science and 
engineering higher education; science and engineering research; 
and incentives for innovation. The America COMPETES Act also 
addressed concerns detailed in President Bush's American 
Competitiveness Initiative, a plan to strengthen American 
science education and basic research, improve our technological 
enterprise, and create a sufficient high-technology workforce.
  The America COMPETES Act focused on increasing funding for 
R&D and improving STEM education to prepare an adequate science 
and engineering workforce. The Act authorized funding increases 
for the National Science Foundation (NSF), National Institute 
of Standards and Technology (NIST), and Department of Energy 
(DOE) Office of Science from FY 2008 through FY 2010 at a rate 
that, if sustained, would double these budgets over seven 
years. In addition, the Act established several new programs, 
including early career and new investigator grants for 
researchers; a new Advanced Research Projects Agency-Energy in 
DOE to sponsor transformational energy technology research 
projects; and scholarships to recruit new K-12 STEM teachers to 
simultaneously earn STEM degrees and gain teacher 
certification.
  Unless the nation makes significant improvements in STEM 
education and basic research, the troubling trends identified 
in Rising Above the Gathering Storm will be difficult to 
reverse. Norm Augustine, chair of the Rising Above the 
Gathering Storm committee (``Gathering Storm committee''), 
published a follow-up essay in 2007 to revisit the proposals 
laid out in the original report. The essay, ``Is America 
Falling Off the Flat Earth?'' and a subsequent National 
Academies report, ``Rising Above the Gathering Storm: Two Years 
Later,'' both argue that urgent action is still needed to 
guarantee American prosperity in the face of increasing global 
competition, especially in the areas of K-12 science and math 
education and funding for basic research. The reports called 
for the President and Congress to fully fund the education and 
basic research programs authorized in the America COMPETES Act; 
however, appropriated levels never met the authorized levels in 
the original Act.
  Most recently, the members of the Gathering Storm committee 
released a new report--Rising Above the Gathering Storm, 
Revisited: Rapidly Approaching Category 5--to provide an update 
of progress since the original 2005 report. They found that, 
while significant progress has been made over the past five 
years, the overall outlook for our nation in STEM education, 
competitiveness, and high quality job creation has worsened. 
The report states that improving America's global competitive 
position is a long term goal that will take years to decades to 
accomplish. A recent review of the America COMPETES Act by the 
U.S. Government Accountability Office (GAO) agreed ``it is too 
early to evaluate programs long-term effectiveness.'' Other 
factors cited in the updated report for the continued 
competitiveness decline include both the economic downturn and 
aggressive R&D investments made by other countries.
  Current recommendations of the Gathering Storm committee echo 
the committee's initial findings: improve STEM education and 
double the Federal investment in basic research. Programs 
authorized in the original America COMPETES Act have only 
recently been initiated, and much of the necessary funding was 
provided by the American Recovery and Reinvestment Act (P.L. 
111-5). To build on and sustain the initial effort, the 
Gathering Storm committee calls for the America COMPETES Act to 
be reauthorized, and to institutionalize the funding and 
oversight of the Gathering Storm recommendations.
  The reported bill would focus on three primary areas of 
importance to improving American innovation and 
competitiveness: (1) increase science and research investments, 
(2) strengthen STEM education, and (3) develop research 
infrastructure.

                         Summary of Provisions

  The bill would provide an authorization of appropriations for 
NSF and NIST for fiscal years 2011 through 2013. The 
legislation would build upon the activities initiated in the 
America COMPETES Act of 2007 by continuing to increase 
investments in basic science and research. It would also 
support programs aimed at assisting American manufacturers, 
such as the Hollings Manufacturing Extension Partnership and 
the Technology Innovation Program, and would create a loan 
guarantee program, the goal of which is to support innovation 
in manufacturing. It would also encourage the agencies to 
transfer their technological advances to the private sector, 
and where appropriate, to leverage research and education 
investments into competitive gains.
  The bill would augment the nation's pipeline of STEM 
professionals by strengthening educational opportunities in 
STEM at all levels. The bill would direct the Office of Science 
and Technology Policy (OSTP) to coordinate STEM education 
across the Federal government with the goal of reinforcing 
programs that demonstrate effectiveness. It would also support 
research and internship opportunities for high school and 
undergraduate students, increase the number of graduate 
fellowships supported by NSF, and reinforce a role for the 
National Aeronautics and Space Administration (NASA) and the 
National Oceanic and Atmospheric Administration (NOAA) to 
inspire and educate the future STEM workforce.
  The bill would create an Office of Innovation and 
Entrepreneurship to try to foster innovation and the 
commercialization of new technologies, products, processes, and 
services. It would also require the development of a national 
innovation and competitiveness strategy to augment the efforts 
of Federal, State, and local governments, institutions of 
higher education, and the private sector. The bill would also 
support the development of regional innovation strategies, 
including regional innovation clusters and research parks.

                          Legislative History

  On April 22, 2010, Representative Bart Gordon introduced H.R. 
5116, the America COMPETES Reauthorization Act of 2010, which 
was ordered to be reported as amended from the House Committee 
on Science and Technology on April 28, 2010. The bill was 
considered on the House floor on May 12 and 13, 2010, and the 
House voted to recommit the bill to the Committee on Science 
and Technology with instructions.
  On May 18, 2010, Representative Gordon reintroduced an 
amended bill as H.R. 5325 and it was considered under 
suspension of the rules on May 19, 2010, but failed to receive 
the necessary two-thirds vote (261-148).
  H.R. 5116 was again considered on the House floor on May 28, 
2010, and passed on a recorded vote of 262-150. Upon receipt by 
the Senate, the bill was referred to the Senate Committee on 
Commerce, Science, and Transportation.
  The Committee held three hearings to consider elements of the 
reauthorization of the America COMPETES Act. The first hearing 
was held on March 10, 2010, to consider the reauthorization in 
the context of the President's FY 2011 R&D budget proposal. The 
Committee heard testimony from the heads of several government 
agencies, including the Director of the OSTP, the Director of 
NSF, the Director of NIST, and the Chief Technologist at NASA. 
The second hearing was held on May 6, 2010, and examined how 
STEM education should be applied to develop a science and 
engineering workforce and drive technological innovation and 
economic growth. The Committee heard testimony from experts 
working in STEM areas outside the Federal government. The third 
hearing was held on June 22, 2010, and considered the Federal 
government's role in fostering innovation throughout the 
economy.
  Chairman Rockefeller introduced S. 3605, the America COMPETES 
Reauthorization Act of 2010, on July 15, 2010. The legislation 
was referred to the Committee on Commerce, Science, and 
Transportation. On July 26, 2010, the Committee met in open 
executive session and, by a unanimous voice vote, ordered S. 
3605 reported favorably with an amendment in the nature of a 
substitute.

                            Estimated Costs

  In compliance with subsection (a)(3) of paragraph 11 of rule 
XXVI of the Standing Rules of the Senate, the Committee states 
that, in its opinion, it is necessary to dispense with the 
requirements of paragraphs (1) and (2) of that subsection in 
order to expedite the business of the Senate.

                      Regulatory Impact Statement

  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 authorize appropriations for NSF and NIST for 
FY 2011 through FY 2013 and establish new loan guarantee 
programs and a grant program at the Department of Commerce 
(DOC) for various innovative technologies and programs. The 
bill would provide Federal agencies with the authority to award 
prizes competitively to stimulate innovation that has the 
potential to advance the mission of the respective agency. Any 
participating individual or entity would be subject to any 
rules promulgated by the head of the agency conducting the 
competition. The interagency committee that would be 
established by section 102 of the bill is tasked with 
identifying and reducing regulatory barriers that inhibit U.S. 
manufacturing.

                            ECONOMIC IMPACT

  S. 3605 is not expected to have an adverse impact on the 
nation's economy.

                                PRIVACY

  The bill would have little, if any, impact on the personal 
privacy of individuals.

                               PAPERWORK

  The Committee does not anticipate a major increase in the 
paperwork burdens for individuals or businesses; however, there 
would be application and reporting requirements for entities 
participating in the grant and loan programs established by the 
bill. There would also be a number of reports required of OSTP, 
GAO, NSF, and DOC.

                   Congressionally Directed Spending

  In compliance with paragraph 4(b) of rule XLIV of the 
Standing Rules of the Senate, the Committee provides the 
following identification of congressionally directed spending 
items contained in the bill, as reported:

                      Section-by-Section Analysis

Section 1. Short title; table of contents
  This section would title the Act as the ``America COMPETES 
Reauthorization Act of 2010.'' This section would also provide 
a Table of Contents for the legislation.
Section 2. Definitions
  Section 2 would define the term Director in titles I and V, 
and the term STEM.

            TITLE I--OFFICE OF SCIENCE AND TECHNOLOGY POLICY

Section 101. Coordination of Federal STEM Education
  This section would require the Director of the OSTP to 
establish a committee under the National Science and Technology 
Council (NSTC) that has responsibility for coordinating Federal 
programs and activities in support of STEM education. This 
section would direct the newly established committee to develop 
a STEM education strategic plan, and update and submit the plan 
to Congress every five years. This section would also require 
the committee to 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. This section would require the Director 
to report annually to Congress on the STEM education strategic 
plan.
Section 102. Coordination of advanced manufacturing research and 
        development
  This section would require the Director of OSTP to designate 
a committee under the NSTC to establish goals and coordinate 
Federal programs and activities in advanced manufacturing R&D. 
The committee should facilitate the implementation and 
commercialization of advances in manufacturing developed 
through university research. The committee would report a 
strategic plan to Congress within 1 year after enactment, and 
update the plan every 5 years.
Section 103. Interagency public access committee
  This section would require the Director of OSTP to establish 
a working group under the NSTC to coordinate Federal science 
agency research and policies related to the dissemination and 
long-term stewardship of the results of federally supported 
unclassified research, including digital data and peer-reviewed 
scholarly publications. This work shall build upon current OSTP 
efforts in this area. The working group would be directed to 
take into consideration input from non-Federal stakeholders to 
maximize the benefit of federally supported research.
  The National Technical Information Service (NTIS) maintains a 
permanent repository of unclassified technical reports from 
Federal agencies (15 USC 3704b-2). The Committee recognizes 
that in an electronic world, virtually every Federal office has 
its own web site and communicates directly with the public. At 
the same time, the Committee is concerned that valuable 
scientific and technical information may be lost if it is not 
systematically provided to organizations charged with the long-
term management of information, such as NTIS. Accordingly, the 
Committee urges the working group to explore agency practices 
with respect to their legal obligations to cooperate with 
agencies such as NTIS and the National Archives and Records 
Administration.
Section 104. Federal scientific collections
  This section would require the OSTP, in consultation with 
relevant Federal agencies and non-Federal stakeholders, to 
develop policies for the management and use of Federal 
scientific collections, including policies for the disposal of 
collections, and to create an online clearinghouse for 
information on the contents of and access to Federal scientific 
collections.
Section 105. Prize competitions
  This section would implement the recommendations of the 
National Academy of Sciences' 2007 report on Innovation 
Inducement Prizes by amending the Stevenson-Wydler Technology 
Innovation Act of 1980 (15 U.S.C. 3701 et seq.) to authorize 
Federal agencies to conduct prize competitions to stimulate 
innovation that advances the mission of a Federal agency.

        TITLE II--NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

Section 201. NASA's contribution to innovation and competitiveness
  This section would affirm the sense of Congress that NASA's 
focus on technology development enhances mission capabilities 
while encouraging the transfer of technology into the private 
sector.
Section 202. NASA's contribution to education
  This section would provide the sense of Congress that NASA is 
uniquely positioned to inspire and educate students in STEM. 
This section would direct NASA to develop educational programs, 
including augmenting research based programs to increase 
student participation in STEM, increasing curriculum resources 
for use in STEM education, and creating professional 
development programs to engage STEM educators and further 
NASA's mission. The Committee notes that NASA should utilize 
all available resources to achieve the education program goals 
outlined in this section through such programs as the 
Experimental Program to Stimulate Competitive Research, the 
Minority University Research and Education Program, and the 
National Space Grant College and Fellowship Program, and seek 
additional resources to expand relevant activities in future 
requests for budget authority and appropriations.
Section 203. International Space Station's contribution to national 
        competitiveness enhancement
  This section would require NASA to evaluate and potentially 
expand its interagency contributions to STEM education and the 
Nation's innovation and competitiveness. The Administrator 
would be required to report to Congress within 120 days after 
enactment on International Space Station (ISS) activities that 
contribute to STEM education and enhance innovation and 
competitiveness, including the identification of any additional 
authorities or resources necessary to maximize ISS utilization 
to advance American technological excellence.
Section 204. Definitions
  This section would define two terms used in this title.

       TITLE III--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

Section 301. Oceanic and atmospheric research and development program
  This section would direct NOAA to contribute to ocean and 
atmospheric science innovation and competitiveness and would 
require NOAA to provide a report to Congress within 12 months 
with a strategy for enhancing transformational research. This 
section would also convey authorities to NOAA that would 
facilitate participation in partnerships and agreements.
Section 302. Oceanic and atmospheric science education programs
  This section would define the goal of NOAA's education 
programs by amending Section 4002 of the America COMPETES Act 
(33 U.S.C. 893a). NOAA's principal competitive environmental 
education grant programs are the Bay Watershed Education and 
Training (B-WET) Program and the Environmental Literacy Grants 
program. The Committee notes that the B-WET Program was cited 
specifically by the National Research Council as a ``model'' 
program and noted for its rigorous program-wide assessment of 
performance and impact among students and teachers.
Section 303. Workforce study
  This section would require a National Academy of Sciences 
report on the scientific workforce in the areas of oceanic and 
atmospheric R&D to be transmitted to Congress within 18 months.

        TITLE IV--NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

Section 401. Short title
  This section would allow this title to be cited as the 
``National Institute of Standards and Technology Authorization 
Act of 2010.''
Section 402. Authorization of appropriations
  This section would authorize appropriations for NIST for FY 
2011, 2012, and 2013.
Section 403. Under Secretary of Commerce for Standards and Technology
  This section would create the position of the Under Secretary 
of Commerce for Standards and Technology by amending Section 4 
of the National Institute of Standards and Technology Act. The 
current Director of NIST would become the Under Secretary until 
a successor is appointed.
Section 404. Manufacturing Extension Partnership
  This section would instruct Regional Centers for the Transfer 
of Manufacturing Technology to provide community colleges with 
information about job skills needed in manufacturing, create an 
Innovative Services Initiative, the goal of which is to assist 
manufacturers in reducing energy usage and waste, and 
accelerate commercialization of new technologies after market 
demand analysis. This section would require the Comptroller 
General to submit to Congress a report within 90 days of 
enactment regarding the cost share structures in place and the 
effect of the cost share structures on individual Centers and 
the overall program. After such report is submitted, the 
Secretary is directed to alter the cost structure provided that 
such changes are consistent with the report. The cost share may 
not be increased above existing requirements.
Section 405. Emergency communication and tracking technologies research 
        initiative
  This section would establish a research initiative to support 
the development of emergency communication and tracking 
technologies for use in locating trapped individuals in 
confined spaces, such as underground mines and other shielded 
environments, and would require the Director to report to 
Congress within 18 months on recommendations for improvement 
and research priorities.
Section 406. Broadening participation
  This section would amend Section 18 of the National Institute 
of Standards and Technology Act (15 U.S.C. 278g-1) to instruct 
the Director to consider the goal of promoting the 
participation of underrepresented minorities in research 
fellowships and post-doctoral fellowships, and would instruct 
the Director to give special consideration for teacher 
development to teachers from high-need schools. The Departments 
and Agencies under the Act should give consideration to 
partnering with nonprofit organizations that administer 
graduate fellowships with an emphasis on women and 
underrepresented minorities.
Section 407. NIST fellowships
  This section would amend Section 19 of the National Institute 
of Standards and Technology Act (15 U.S.C. 278g) to allow NIST 
to conduct post-doctoral programs with entities other than the 
National Academy of Sciences, remove the cap for funds used for 
research fellowships, and eliminate the Commerce, Science, and 
Technology Fellowship Program.
Section 408. Green manufacturing and construction
  This section would establish a green manufacturing and 
construction initiative to promote sustainability in 
manufacturing and improve energy performance, service life, and 
air quality in buildings.
Section 409. Definitions
  This section would define two terms used in this title.

  TITLE V--SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS SUPPORT 
                                PROGRAMS

                SUBTITLE A--NATIONAL SCIENCE FOUNDATION

Section 501. Short title
  This section would allow this title to be cited as the 
``National Science Foundation Authorization Act of 2010.''
Section 502. Definitions
  This section would define four terms used in this subtitle.
Section 503. Authorization of appropriations
  This section would authorize appropriations for the National 
Science Foundation for FY 2011, 2012, and 2013.
Section 504. National Science Board administrative amendments
  This section would eliminate the cap on the number of 
professional staff for the National Science Board, change the 
due date of the Board's biennial Science and Engineering 
Indicators report, modify the scope of reports the Board may 
submit to the President and Congress, and clarify audit 
requirements for Board adherence to the Sunshine Act.
Section 505. National Center for Science and Engineering statistics
  This section would establish the Foundation's Division of 
Science Resource Statistics as the National Center for Science 
and Engineering Statistics and codify its function as the 
central Federal clearinghouse for objective data on the 
scientific and engineering enterprise and the state of STEM 
education.
Section 506. National Science Foundation manufacturing research and 
        education
  This section would establish a grant program intended to 
support transformative advances in manufacturing technologies 
and to strengthen scientific and technical education in 
advanced manufacturing.
Section 507. National Science Board report on mid-scale instrumentation
  This section would require the Board to evaluate the need for 
mid-scale research instrumentation (instrumentation that falls 
between the Major Research Instrumentation program and the 
Major Research Equipment and Facilities Construction program), 
and provide recommendations regarding how the Foundation can 
best address those needs.
Section 508. Partnerships for innovation
  This section would require the Director of NSF to carry out a 
program in support of partnerships between IHEs and private 
sector entities to promote innovation and is intended to 
increase the economic and social impact of the research. The 
Director would be required to give priority to partnerships 
that involve one of the top 100 research institutions and 
either a minority-serving institution, a primarily 
undergraduate institution, or a community college.
Section 509. Sustainable chemistry basic research
  This section would establish a Green Chemistry Basic Research 
grant program to support sustainable chemistry research.
Section 510. Graduate student support
  This section would require the Director to increase or 
decrease funding for the Integrative Graduate Education and 
Research Traineeship (IGERT) program at the same rate as the 
Graduate Research Fellowship (GRF) program, require that at 
least half of the total funds for IGERT and GRF come from the 
Research and Related Activities account, and require the 
Director to increase the current cost of education allowance 
for awards made through the GRF program by $1,500.
  The Committee is concerned that the IGERT program has been 
flat-funded for the past two years. The IGERT program has 
funded trainees at over 100 universities in 41 states, plus the 
District of Columbia and Puerto Rico, since the program was 
initiatied in 1998. Given its innovative approach to graduate 
research and education and the broad geographic distribution of 
awards, including the Experimental Program to Stimulate 
Competitive Research (EPSCoR) jurisdictions, the Committee 
would like to see its funding increase at least at the same 
rate as any increase for the GRF program, but not exceed the 
rate of any necessary funding decrease for the GRF program.
Section 511. Robert Noyce teacher scholarship program
  This section would amend Section 10A(h)(1) of the National 
Science Foundation Authorization Act of 2002 (42 U.S.C. 1862n-
1a(h)(1)) to remove the requirement that the service obligation 
of scholarship recipients be performed in a high-need local 
education agency, and instead provide a 1 year reduction of the 
service obligation for scholarship recipients who choose to 
perform their service in a high-need local education agency. 
This section would require the Director to maintain a 
clearinghouse of information on teaching opportunities 
available in high-need local education agencies and lower the 
required amount of institutional matching for Noyce grants 
under Section 10A (master teachers and STEM professionals) from 
50 to 30 percent.
Section 512. Undergraduate broadening participation program
  This section would direct the NSF to continue to support the 
Historically Black Colleges and Universities Undergraduate 
Program, the Louis Stokes Alliances for Minority Participation 
program, and the Tribal Colleges and Universities Program as 
separate programs.
Section 513. Research experiences for high school students
  This section would allow specialized STEM high schools 
conducting research to participate in major data collection 
initiatives, when included as part of an NSF research proposal.
Section 514. Research experiences for undergraduates
  This section would require the Director to award grants to 
IHEs, nonprofit organizations, or consortia of such 
institutions and organizations, for sites designated to provide 
research experiences for 10 or more undergraduate STEM 
students. This section would require that research grant 
recipients planning to include undergraduate students request 
support for the students as part of the research proposal 
itself rather than as a supplement to the research proposal.
Section 515. STEM industry internship programs
  This section would authorize the Director to award grants to 
IHEs to establish partnerships with local and regional private 
sector entities for the purpose of helping undergraduate 
students connect internship experiences with STEM coursework.
Section 516. Cyber-enabled learning for national challenges
  This section would require the Director to identify ways to 
use cyber-enabled learning to improve the STEM workforce.
Section 517. Experimental Program to Stimulate Competitive Research
  This section would encourage geographical distribution of NSF 
research funding by requiring that funding for the EPSCoR 
increase as NSF funding increases. The Director would submit an 
annual report to Congress detailing the activities and progress 
of the program. NSF would chair the EPSCoR Interagency 
Coordinating Committee, which would coordinate EPSCoR and 
Federal EPSCoR-like programs to increase research 
infrastructure in EPSCoR states. The committee would meet at 
least two times per year and submit an annual report to 
Congress. The section would require a National Academies study 
to measure the effectiveness of these programs in developing 
infrastructure for education and research in EPSCoR states and 
provide recommendations to improve the programs.
Section 518. Sense of the Senate regarding the Science, Technology, 
        Engineering, and Mathematics Talent Expansion Program
  This section would express the sense of the Senate that the 
Science, Technology, Engineering, and Mathematics Talent 
Expansion Program effectively increases STEM degrees by 
providing mentoring and tutoring and should continue to be 
supported.
Section 519. Sense of the Senate regarding the National Science 
        Foundation's contributions to basic research and education
  This section would express the sense of the Senate that the 
NSF is a vital agency to support American science, technology, 
engineering, and mathematics basic research and education.
Section 520. Grantee reports on commercialization strategy and results
  This section would require all IHEs that receive NSF grants 
to submit an annual report detailing their commercialization 
strategy and results for NSF-funded research. The NSF would 
post the reports on a public website.
Section 521. Study to develop improved impact-on-society metrics
  This section would require the Director to contract with the 
National Academy of Sciences to initiate a study that details 
metrics for measuring the potential impact on society of NSF-
funded research, including commercialization of Federally-
funded research. Within 1 year after initiation of the study, 
the Director would be required to submit to Congress a report 
setting forth the Director's findings, conclusions, and 
recommendations.
Section 522. NSF grants in support of sponsored post-doctoral 
        fellowship programs
  This section would require the Director to provide grants to 
IHEs in support of post-graduate research with potential 
commercial applications, matching to some degree any private 
sector grant given in support of such research.
Section 523. Collaboration in planning for stewardship of large-scale 
        facilities
  This section would affirm the sense of Congress regarding the 
need for collaboration between Federal agencies, especially NSF 
and DOE, when planning the construction of large-scale research 
facilities.
Section 524. Cloud computing research enhancement
  This section would allow the Director to support national 
research in areas affected by the use of cloud computing. This 
section would also require the Director to begin a review of 
cloud computing research challenges within 60 days of 
enactment, allowing for unsolicited proposals. This section 
would then require the Director to provide an annual report to 
Congress and the public at large through the NSF website with 
recommendations for cloud computing research for no less than 
five consecutive years. This section would also require the 
Director to collaborate with NIST and industry in the 
development of cloud computing standards.
Section 525. Tribal colleges and universities program
  This section would require the Director to continue support 
for a program to award merit-based grants to improve 
undergraduate STEM education at tribal colleges and 
universities.

                SUBTITLE B--STEM-TRAINING GRANT PROGRAM

Section 551. Purpose
  This section would set out the purpose of the STEM-training 
grant program.
Section 552. Program requirements
  This section would require the Director of NSF to replicate 
and implement undergraduate programs designed to increase the 
number of elementary and secondary teachers with baccalaureate 
degrees in STEM and concurrent teacher certification. The 
Director would be directed to collaborate with relevant 
education departments to establish such programs, require 
field-based courses by partnering with local secondary and 
elementary schools, maintain a student to teacher ratio no 
greater than 100 to 1, include scientifically-based instruction 
methods, limit STEM teaching courses to those participating in 
such programs, and require a final evaluation of teaching 
proficiency at the end of such programs.
Section 553. Grant program
  This section would require the Director to establish and set 
certain standards for a grant program to support the 
implementation of programs described in Section 552, including 
requiring participating universities to provide matching funds 
from non-Federal sources, and direct the Director to take such 
steps as necessary to ensure grants are equitably distributed 
across all regions of the United States.
Section 554. Grant oversight and administration
  This section would allow the Director to execute a contract 
with a qualified organization, such as the National Math and 
Science Initiative, for oversight and fiscal management of the 
grant program described in Section 552. If such a contract were 
executed, the contractor would be required to submit an annual 
report to the Director regarding the efficacy of the grant 
program. Such a report would then be required to be submitted 
annually to the Senate Committee on Commerce, Science, and 
Transportation, the Senate Committee on Health, Education, 
Labor, and Pensions, the House of Representatives Committee on 
Science and Technology, and the House of Representatives 
Committee on Education and Labor.
Section 555. Definitions
  This section would define five terms used in this subtitle.
Section 556. Authorization of appropriations
  This section would authorize appropriations for the Director 
to carry out this subtitle for FYs 2011, 2012, and 2013.

                          TITLE VI--INNOVATION

Section 601. Office of Innovation and Entrepreneurship
  This section would require the Secretary of Commerce to 
establish an Office of Innovation and Entrepreneurship to 
foster innovation and the commercialization of new 
technologies, products, processes, and services, and specify 
the duties to be carried out by the Office.
Section 602. Federal loan guarantees for innovative technologies in 
        manufacturing
  This section would amend the Stevenson-Wydler Technology 
Innovation Act of 1980 (15 U.S.C. 3701 et seq.) to require the 
Secretary of Commerce to establish a program to provide loan 
guarantees to small- and medium-sized manufacturers and define 
eligible projects as those that reequip, expand, or establish 
manufacturing facilities in the United States to use an 
innovative technology or an innovative process in 
manufacturing, or to manufacture an innovative technology 
product or an integral component of such product. The loan 
guarantee would be limited to an amount equal to 80 percent of 
the loan, with specific limitations set on the authority to 
make loan guarantees and the Secretary acting to ensure that 
activities carried out under the program are coordinated with, 
and do not duplicate the efforts of, other loan guarantee 
programs within the Federal Government.
Section 603. Regional innovation program
  This section would further amend the Stevenson-Wydler 
Technology Innovation Act of 1980 (15 U.S.C. 3701 et seq.) to 
establish a regional innovation program to encourage and 
support the development of regional innovation strategies, 
including regional innovation clusters; authorize the Secretary 
to award regional innovation cluster grants that require a 50 
percent matching requirements for grant recipients; establish a 
regional innovation research and information program to 
determine and distribute best practices and metrics to assess 
performance; and require a National Academies report within 4 
years that evaluates the program and provides a recommendation 
regarding whether the program should be continued.
Section 604. Study on economic competitiveness and innovative capacity 
        of United States and development of national economic 
        competitiveness strategy
  This section would require the Secretary of Commerce to 
complete a comprehensive study of the economic competitiveness 
and innovative capacity of the United States within 1 year 
after enactment of this Act. The Secretary would be required to 
conduct the study in consultation with the National Economic 
Council of the Office of Policy Development, other appropriate 
Federal agencies, and the Innovation Advisory Board, which 
would also be established by this section. Within 1 year of the 
completion of the study, the Secretary would be required to 
develop a national 10-year strategy to strengthen the 
innovation and competitive capacity of the United States, 
complete with recommended legislation, Federal agency 
implementation, annual goals and milestones, and a plan for 
monitoring progress. The Secretary would then be required to 
submit the strategy upon completion as a report to Congress and 
the President.
Section 605. Promoting use of high-end computing simulation and 
        modeling by small- and medium-sized manufacturers
  This section would affirm the sense of Congress regarding the 
benefits of high-end computing simulation and modeling in 
improving advanced manufacturing technologies at large-scale 
and Federal research entities and the need to deploy such 
modeling to small- and medium-sized manufacturers. This section 
would then require the Secretary of Commerce, in consultation 
with the Secretary of Energy and the Director of the Office of 
Science and Technology Policy, to carry out a study of the 
barriers to the use of high-end computing modeling by small- 
and medium-sized manufacturers in the United States. This 
section would also require the submission of a report to 
Congress within 270 days after the commencement of the study, 
with recommendations for legislative or administrative action. 
This section would also authorize any demonstration or pilot 
programs deemed necessary for the completion of the study.

                       TITLE VII--NIST GREEN JOBS

Section 701. Short title
  This section would allow this title to be cited as the ``NIST 
Grants for Energy Efficiency, New Job Opportunities, and 
Business Solutions Act of 2010,'' or the ``NIST GREEN JOBS Act 
of 2010.''
Section 702. Findings
  This section would define a finding of the Congress regarding 
the value of the Hollings Manufacturing Extension Partnership 
Program throughout the United States and the need to broaden 
NIST's competitiveness grant program to maximize energy savings 
from advanced factory-built building materials.
Section 703. National Institute of Standards and Technology competitive 
        grant program
  This section would amend Section 25(f)(3) of the National 
Institute of Standards and Technology Act (15 U.S.C. 
278k(f)(3)).

                     TITLE VIII--GENERAL PROVISIONS

Section 801. Government Accountability Office review
  This section would require a GAO study detailing the funding, 
implementation, and effectiveness of the programs authorized 
under this Act to be transmitted to Congress by May 31, 2013.
Section 802. Salary restrictions
  This section would restrict funds authorized in this Act from 
being used to pay the salary of any individual who is convicted 
of possession with the intent to sell obscene matter on Federal 
property or the use of Federal computers for child pornography 
or the exploitation of minors.
Section 803. Additional research authorities of the FCC
  This section would amend Title I of the Communications Act of 
1934 (47 U.S.C. 151 et seq.) to allow additional R&D work at 
the Federal Communications Commission.

                        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):

             TITLE 5. GOVERNMENT ORGANIZATION AND EMPLOYEES

                          PART III. EMPLOYEES

                     SUBPART D. PAY AND ALLOWANCES

                   CHAPTER 53. PAY RATES AND SYSTEMS

              SUBCHAPTER II. EXECUTIVE SCHEDULE PAY RATES

Sec. 5314. Positions at level III

  Level III of the Executive Schedule applies to the following 
positions, for which the annual rate of basic pay shall be the 
rate determined with respect to such level under chapter 11 of 
title 2, as adjusted by section 5318 of this title:

           *       *       *       *       *       *       *

  Under Secretary of Commerce for Oceans and Atmosphere, the 
incumbent of which also serves as Administrator of the National 
Oceanic and Atmospheric Administration.
  Under Secretary of Commerce for Standards and Technology, who 
also serves as Director of the National Institute of Standards 
and Technology.
  Associate Attorney General.

           *       *       *       *       *       *       *

Sec. 5315. Positions at level IV

  Level IV of the Executive Schedule applies to the following 
positions, for which the annual rate of basic pay shall be the 
rate determined with respect to such level under chapter 11 of 
title 2, as adjusted by section 5318 of this title:

           *       *       *       *       *       *       *

  [Director, National Institute of Standards and Technology, 
Department of Commerce.]

           *       *       *       *       *       *       *

           NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY ACT

SEC. 4. UNDER SECRETARY OF COMMERCE FOR STANDARDS AND TECHNOLOGY.

  (a) Establishment.--There shall be in the Department of 
Commerce an Under Secretary of Commerce for Standards and 
Technology (in this section referred to as the ``Under 
Secretary'').
  (b) Appointment.--The Under Secretary shall be appointed by 
the President by and with the advice and consent of the Senate.
  (c) Compensation.--The Under Secretary shall be compensated 
at the rate in effect for level III of the Executive Schedule 
under section 5314 of title 5, United States Code.
  (d) Duties.--The Under Secretary shall serve as the Director 
of the Institute and shall perform such duties as required of 
the Director by the Secretary under this Act or by law.
  (e) Applicability.--The individual serving as the Director of 
the Institute on the date of enactment of the National 
Institute of Standards and Technology Authorization Act of 2010 
shall also serve as the Under Secretary until such time as a 
successor is appointed under subsection (b).

SEC. 5. DIRECTOR; POWERS AND DUTIES; REPORT; COMPENSATION.

                            [15 U.S.C. 274]

  [The Director shall be appointed by the President, by and 
with the advice and consent of the Senate.] The Director shall 
report directly to the Secretary and shall have the general 
supervision of the Institute, its equipment, and the exercise 
of its functions. The Director shall make an annual report to 
the Secretary of Commerce. The Director may issue, when 
necessary, bulletins for public distribution, containing such 
information as may be of value to the public or facilitate the 
exercise of the functions of the Institute. [The Director shall 
be compensated at the rate in effect for level IV of the 
Executive Schedule under section 5315 of title 5, United States 
Code. Until such time as the Director assumes office under this 
section, the most recent Director of the National Bureau of 
Standards shall serve as Director.]

           *       *       *       *       *       *       *

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 [up to 
1.5 percent of the] 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. 19. POST-DOCTORAL FELLOWSHIP PROGRAM.

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

  The Institute[, in conjunction with the National Academy of 
Sciences,] 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. 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. 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] 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; [and]
          (5) the utilization, when appropriate, of the 
        expertise and capability that exists in Federal 
        laboratories other than the [Institute.] 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.

           *       *       *       *       *       *       *

  (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.

           *       *       *       *       *       *       *

  (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.--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.]
          (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 develop] 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 Centers program,] 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. [These themes shall be 
        related to projects associated with manufacturing 
        extension activities, including supply chain 
        integration and quality management, and including 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, or extend beyond 
        these traditional areas.] 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.--Awards under this subsection shall 
        be peer reviewed and competitively awarded. The 
        Director shall select proposals to receive awards--
                  [(A) that utilize innovative or collaborative 
                approaches to solving the problem described in 
                the competition;
                  [(B) that will improve the competitiveness of 
                industries in the region in which the Center or 
                Centers are located; and
                  [(C) that will contribute to the long-term 
                economic stability of that region.]
          (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) 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.

                 CONSOLIDATED APPROPRIATIONS ACT, 2005

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

                     INDUSTRIAL TECHNOLOGY SERVICES

  For necessary expenses of the Manufacturing Extension 
Partnership of the National Institute of Standards and 
Technology, $109,000,000, to remain available until expended: 
Provided, That the Secretary of Commerce shall not recompete 
any existing Manufacturing Extension Partnership Center prior 
to [2007: Provided further, That hereafter the Manufacturing 
Extension Partnership Program authorized under 15 U.S.C. 278k 
shall be renamed the Hollings Manufacturing Partnership Program 
and the centers established and receiving funding under 15 
U.S.C. 278k paragraph (a) shall be named the Hollings 
Manufacturing Extension Centers.] 2007.
  In addition, for necessary expenses of the Advanced 
Technology Program of the National Institute of Standards and 
Technology, $142,300,000 to remain available until expended.

               OMNIBUS TRADE AND COMPETITION ACT OF 1988

                            [15 U.S.C. 1533]

SEC. 5163. COMMERCE, SCIENCE, AND TECHNOLOGY FELLOWSHIP PROGRAM.

  [There is established within the Department of Commerce a 
Commerce, Science, and Technology Fellowship Program with the 
stated purpose of providing a select group of employees of the 
executive branch of the Government with the opportunity of 
learning how the legislative branch and other parts of the 
executive branch function through work experiences of up to one 
year. The Secretary of Commerce shall report to the Congress 
within six months after the date of enactment of this Act 
[enacted Aug. 23, 1988] on the Department of Commerce's plans 
for implementing such Program by March 31, 1989.]

           STEVENSON-WYDLER TECHNOLOGY INNOVATION ACT OF 1980

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

           *       *       *       *       *       *       *

SEC. 24. PRIZE COMPETITIONS.

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

SEC. 25. OFFICE OF INNOVATION AND ENTREPRENEURSHIP.

  (a) In General.--The Secretary shall establish an Office of 
Innovation and Entrepreneurship to foster innovation and the 
commercialization of new technologies, products, processes, and 
services with the goal of promoting productivity and economic 
growth in the United States.
  (b) Duties.--The Office of Innovation and Entrepreneurship 
shall be responsible for--
          (1) developing policies to accelerate innovation and 
        advance the commercialization of research and 
        development, including federally funded research and 
        development;
          (2) identifying existing barriers to innovation and 
        commercialization, including access to capital and 
        other resources, and ways to overcome those barriers, 
        particularly in States participating in the 
        Experimental Program to Stimulate Competitive Research;
          (3) providing access to relevant data, research, and 
        technical assistance on innovation and 
        commercialization;
          (4) strengthening collaboration on and coordination 
        of policies relating to innovation and 
        commercialization, including those focused on the needs 
        of small businesses and rural communities, within the 
        Department of Commerce, between the Department of 
        Commerce and other Federal agencies, and between the 
        Department of Commerce and appropriate State government 
        agencies and institutions, as appropriate; and
          (5) any other duties as determined by the Secretary.
  (c) Advisory Committee.--The Secretary shall establish an 
Advisory Council on Innovation and Entrepreneurship to provide 
advice to the Secretary on carrying out subsection (b).

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

  (a) Establishment.--The Secretary shall establish a program 
to provide loan guarantees for obligations to small- or medium-
sized manufacturers for the use or production of innovative 
technologies.
  (b) Eligible Projects.--A loan guarantee may be made under 
the program only for a project that re-equips, expands, or 
establishes a manufacturing facility in the United States--
          (1) to use an innovative technology or an innovative 
        process in manufacturing;
          (2) to manufacture an innovative technology product 
        or an integral component of such a product; or
          (3) to commercialize an innovative product, process, 
        or idea that was developed by research funded in whole 
        or in part by a grant from the National Science 
        Foundation.
  (c) Eligible Borrower.--A loan guarantee may be made under 
the program only for a borrower who is a small- or medium-sized 
manufacturer, as determined by the Secretary under the criteria 
established pursuant to subsection (m).
  (d) Limitation on Amount.--A loan guarantee shall not exceed 
an amount equal to 80 percent of the obligation, as estimated 
at the time at which the loan guarantee is issued.
  (e) Limitations on Loan Guarantee.--No loan guarantee shall 
be made unless the Secretary determines that--
          (1) there is a reasonable prospect of repayment of 
        the principal and interest on the obligation by the 
        borrower;
          (2) the amount of the obligation (when combined with 
        amounts available to the borrower from other sources) 
        is sufficient to carry out the project;
          (3) the obligation is not subordinate to other 
        financing;
          (4) the obligation bears interest at a rate that does 
        not exceed a level that the Secretary determines 
        appropriate, taking into account the prevailing rate of 
        interest in the private sector for similar loans and 
        risks; and
          (5) the term of an obligation requires full repayment 
        over a period not to exceed the lesser of--
                  (A) 30 years; or
                  (B) 90 percent of the projected useful life, 
                as determined by the Secretary, of the physical 
                asset to be financed by the obligation.
  (f) Defaults.--
          (1) Payment by secretary.--
                  (A) In general.--If a borrower defaults (as 
                defined in regulations promulgated by the 
                Secretary and specified in the loan guarantee) 
                on the obligation, the holder of the loan 
                guarantee shall have the right to demand 
                payment of the unpaid amount from the 
                Secretary.
                  (B) Payment required.--Within such period as 
                may be specified in the loan guarantee or 
                related agreements, the Secretary shall pay to 
                the holder of the loan guarantee the unpaid 
                interest on and unpaid principal of the 
                obligation as to which the borrower has 
                defaulted, unless the Secretary finds that 
                there was no default by the borrower in the 
                payment of interest or principal or that the 
                default has been remedied.
                  (C) Forbearance.--Nothing in this subsection 
                precludes any forbearance by the holder of the 
                obligation for the benefit of the borrower 
                which may be agreed upon by the parties to the 
                obligation and approved by the Secretary.
          (2) Subrogation.--
                  (A) In general.--If the Secretary makes a 
                payment under paragraph (1), the Secretary 
                shall be subrogated to the rights, as specified 
                in the loan guarantee, of the recipient of the 
                payment or related agreements including, if 
                appropriate, the authority (notwithstanding any 
                other provision of law)--
                          (i) to complete, maintain, operate, 
                        lease, or otherwise dispose of any 
                        property acquired pursuant to such loan 
                        guarantee or related agreement; or
                          (ii) to permit the borrower, pursuant 
                        to an agreement with the Secretary, to 
                        continue to pursue the purposes of the 
                        project if the Secretary determines 
                        that such an agreement is in the public 
                        interest.
                  (B) Superiority of rights.--The rights of the 
                Secretary, with respect to any property 
                acquired pursuant to a loan guarantee or 
                related agreements, shall be superior to the 
                rights of any other person with respect to the 
                property.
          (3) Notification.--If the borrower defaults on an 
        obligation, the Secretary shall notify the Attorney 
        General of the default.
  (h) Terms and Conditions.--A loan guarantee under this 
section shall include such detailed terms and conditions as the 
Secretary determines appropriate--
          (1) to protect the interests of the United States in 
        the case of default; and
          (2) to have available all the patents and technology 
        necessary for any person selected, including the 
        Secretary, to complete and operate the project.
  (i) Consultation.--In establishing the terms and conditions 
of a loan guarantee under this section, the Secretary shall 
consult with the Secretary of the Treasury.
  (j) Fees.--
          (1) In general.--The Secretary shall charge and 
        collect fees for loan guarantees in amounts the 
        Secretary determines are sufficient to cover applicable 
        administrative expenses.
          (2) Availability.--Fees collected under this 
        subsection shall--
                  (A) be deposited by the Secretary into the 
                Treasury of the United States; and
                  (B) remain available until expended, subject 
                to such other conditions as are contained in 
                annual appropriations Acts.
          (3) Limitation.--In charging and collecting fees 
        under paragraph (1), the Secretary shall take into 
        consideration the amount of the obligation.
  (k) Records.--
          (1) In general.--With respect to a loan guarantee 
        under this section, the borrower, the lender, and any 
        other appropriate party shall keep such records and 
        other pertinent documents as the Secretary shall 
        prescribe by regulation, including such records as the 
        Secretary may require to facilitate an effective audit.
          (2) Access.--The Secretary and the Comptroller 
        General of the United States, or their duly authorized 
        representatives, shall have access to records and other 
        pertinent documents for the purpose of conducting an 
        audit.
  (l) Full Faith and Credit.--The full faith and credit of the 
United States is pledged to the payment of all loan guarantees 
issued under this section with respect to principal and 
interest.
  (m) Regulations.--The Secretary shall issue final regulations 
before making any loan guarantees under the program. The 
regulations shall include--
          (1) criteria that the Secretary shall use to 
        determine eligibility for loan guarantees under this 
        section, including--
                  (A) whether a borrower is a small- or medium-
                sized manufacturer; and
                  (B) whether a borrower demonstrates that a 
                market exists for the innovative technology 
                product, or the integral component of such a 
                product, to be manufactured, as evidenced by 
                written statements of interest from potential 
                purchasers;
          (2) criteria that the Secretary shall use to 
        determine the amount of any fees charged under 
        subsection (j), including criteria related to the 
        amount of the obligation;
          (3) policies and procedures for selecting and 
        monitoring lenders and loan performance; and
          (4) any other policies, procedures, or information 
        necessary to implement this section.
  (n) Audit.--
          (1) Annual independent audits.--The Secretary shall 
        enter into an arrangement with an independent auditor 
        for annual evaluations of the program under this 
        section.
          (2) Comptroller general review.--The Comptroller 
        General of the United States shall conduct a biennial 
        review of the Secretary's execution of the program 
        under this section.
          (3) Report.--The results of the independent audit 
        under paragraph (1) and the Comptroller General's 
        review under paragraph (2) shall be provided directly 
        to the Committee on Science and Technology of the House 
        of Representatives and the Committee on Commerce, 
        Science, and Transportation of the Senate.
  (o) Report to Congress.--Concurrent with the submission to 
Congress of the President's annual budget request in each year 
after the date of enactment of the America COMPETES 
Reauthorization Act of 2010, the Secretary shall transmit to 
the Committee on Science and Technology of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate a report containing a summary of 
all activities carried out under this section.
  (p) Coordination and Nonduplication.--To the maximum extent 
practicable, the Secretary shall ensure that the activities 
carried out under this section are coordinated with, and do not 
duplicate the efforts of, other loan guarantee programs within 
the Federal Government.
  (q) MEP Centers.--The Secretary may use centers established 
under section 25 of the National Institute of Standards and 
Technology Act (15 U.S.C. 278k) to provide information about 
the program established under this section and to conduct 
outreach to potential borrowers, as appropriate.
  (r) Minimizing Risk.--The Secretary shall promulgate 
regulations and policies to carry out this section in 
accordance with Office of Management and Budget Circular No. A-
129, entitled ``Policies for Federal Credit Programs and Non-
Tax Receivables'', as in effect on the date of enactment of the 
America COMPETES Reauthorization Act of 2010.
  (s) Sense of Congress.--It is the sense of Congress that no 
loan guarantee shall be made under this section unless the 
borrower agrees to use a federally-approved electronic 
employment eligibility verification system to verify the 
employment eligibility of--
          (1) all persons hired during the contract term by the 
        borrower to perform employment duties within the United 
        States; and
          (2) all persons assigned by the borrower to perform 
        work within the United States on the project.
  (t) Definitions.--In this section:
          (1) Cost.--The term ``cost'' has the meaning given 
        such term under section 502 of the Federal Credit 
        Reform Act of 1990 (2 U.S.C. 661a).
          (2) Innovative process.--The term ``innovative 
        process'' means a process that is significantly 
        improved as compared to the process in general use in 
        the commercial marketplace in the United States at the 
        time the loan guarantee is issued.
          (3) Innovative technology.--The term ``innovative 
        technology'' means a technology that is significantly 
        improved as compared to the technology in general use 
        in the commercial marketplace in the United States at 
        the time the loan guarantee is issued.
          (4) Loan guarantee.--The term ``loan guarantee'' has 
        the meaning given such term in section 502 of the 
        Federal Credit Reform Act of 1990 (2 U.S.C. 661a). The 
        term includes a loan guarantee commitment (as defined 
        in section 502 of such Act (2 U.S.C. 661a)).
          (5) Obligation.--The term ``obligation'' means the 
        loan or other debt obligation that is guaranteed under 
        this section.
          (6) Program.--The term ``program'' means the loan 
        guarantee program established in subsection (a).
  (u) Authorization of Appropriations.--
          (1) Cost of loan guarantees.--There are authorized to 
        be appropriated $100,000,000 for each of fiscal years 
        2011 through 2015 to provide the cost of loan 
        guarantees under this section.
          (2) Principal and interest.--There are authorized to 
        be appropriated such sums as are necessary to carry out 
        subsection (g).

SEC. 27. REGIONAL INNOVATION PROGRAM.

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

                          AMERICA COMPETES ACT

[33 U.S.C. 893 et seq.]

           *       *       *       *       *       *       *

SEC. 4001. OCEAN AND ATMOSPHERIC RESEARCH AND DEVELOPMENT PROGRAM.

                            [33 U.S.C. 893]

  (a) In General._The Administrator of the National Oceanic and 
Atmospheric Administration, in consultation with the Director 
of the National Science Foundation and the Administrator of the 
National Aeronautics and Space Administration, shall establish 
a coordinated program of ocean, coastal, Great Lakes, and 
atmospheric research and development, in collaboration with 
academic institutions and other nongovernmental entities, that 
shall focus on the development of advanced technologies and 
analytical methods that will promote United States leadership 
in ocean and atmospheric science and competitiveness in the 
applied uses of such knowledge.
  (b) Oceanic and Atmospheric Research and Development 
Program.--The Administrator shall implement programs and 
activities--
          (1) to identify emerging and innovative research and 
        development priorities to enhance U.S. competitiveness, 
        support development of new economic opportunities based 
        on NOAA research, observations, monitoring modeling, 
        and predictions that sustain ecosystem services;
          (2) to promote United States leadership in ocean and 
        atmospheric science and competitiveness in the applied 
        uses of such knowledge, including for the development 
        and expansion of economic opportunities; and
          (3) to advance ocean, coastal, Great Lakes, and 
        atmospheric research and development, including 
        potentially transformational research, in collaboration 
        with other relevant Federal agencies, academic 
        institutions, the private sector, and nongovernmental 
        programs, consistent with the Administration's mission 
        to understand, observe, and model the Earth's 
        atmosphere and biosphere, including the oceans, in an 
        integrated manner.
  (c) Report.--No later than 12 months after the date of 
enactment of the America COMPETES Reauthorization Act of 2010, 
the Administrator, in consultation with the National Science 
Foundation or other such agencies with mature transformational 
research portfolios, shall develop and submit a report to 
describe NOAA's strategy for enhancing transformational 
research in its research and development portfolio to increase 
United States competitiveness in oceanic and atmospheric 
science and technology. The report shall--
          (1) define ``transformational research'';
          (2) identify emerging and innovative areas of 
        research and development where transformational 
        research has the potential to make significant and 
        revolutionary advancements in both understanding and 
        U.S. science leadership;
          (3) describe how transformational research priorities 
        are identified and appropriately balanced in the 
        context of NOAA's broader research portfolio;
          (4) describe NOAA's plan for developing a competitive 
        peer review and priority-setting process, funding 
        mechanisms, performance and evaluation measures, and 
        transition-to-operation guidelines for transformational 
        research; and
          (5) describe partnerships with other agencies 
        involved in transformational research.
  (d) Partnerships and Agreements.--
          (1) In general.--The Administrator may execute such 
        contracts, leases, grants, cooperative agreements, or 
        other agreements and transactions with any agency or 
        instrumentality of the United States, any State, local, 
        tribal, territorial or foreign government, or with any 
        person, corporation, firm, partnership, educational 
        institution, nonprofit organization, or international 
        organization as may be necessary to carry out this 
        title.
          (2) Specific authority.--Notwithstanding any other 
        provision of law, the Administrator may--
                  (A) execute long term leases of up to 20 
                years for the use of unimproved land to site 
                small shelter facilities, antennae, and 
                equipment including weather, tide, tidal 
                currents, river, and air sampling or measuring 
                equipment;
                  (B) grant long term licenses of up to 20 
                years at no cost to site facilities and 
                equipment including weather, tide, tidal 
                currents, river, and air sampling or measuring 
                equipment;
                  (C) acquire (by purchase, lease, or 
                otherwise), lease, sell, and dispose of or 
                convey services, money, securities, or property 
                (whether real, personal, intellectual, or of 
                any other kind) or an interest therein;
                  (D) construct, improve, repair, operate, 
                maintain, outgrant, and dispose of real or 
                personal property, including buildings, 
                facilities, and land; and
                  (E) waive capital lease scoring requirements 
                for any lease of space on commercial antennas 
                to support weather radio equipment, air 
                sampling, or measuring equipment.
          (3) Certain leased equipment.--Notwithstanding any 
        other provision of law, rule, or regulation, leases of 
        antenna or equipment on towers or other structures 
        shall be considered operating leases for the purpose of 
        capital lease scoring.
          (4) Authority to receive funds.--The Administrator 
        may accept, retain, and use funds received from any 
        party pursuant to an agreement entered into under this 
        subsection for activities furthering the purposes of 
        this title.

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 [the agency.] agency, with 
consideration given to the goal of promoting the participation 
of individuals from underrepresented groups in STEM fields and 
in promoting the acquisition and retention of highly qualified 
and motivated young scientists to complement and supplement 
workforce needs.
  (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) produce the adoption and implementation 
                of high-quality education practices that build 
                toward college and career-readiness; and
          (5) create and support opportunities for enhanced and 
        ongoing professional development for teachers using 
        best practices that improves the STEM content and 
        knowledge of the teachers, including through programs 
        linking STEM teachers with STEM educators at the higher 
        education level.
  [(b)] (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 [develop] 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.
  [(c)] (d) 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) STEM Fields Defined.--In this section, the term ``STEM 
fields'' means the academic and professional disciplines of 
science, technology, engineering, and mathematics.

         NATIONAL SCIENCE FOUNDATION AUTHORIZATION ACT OF 2002

SEC. 4. NATIONAL SCIENCE BOARD.

                            [42 U.S.C. 1863]

  (a) Composition; Appointment; Establishment of Policies of 
the Foundation.--The Board shall consist of twenty-four members 
to be appointed by the President, by and with the advice and 
consent of the Senate, and of the Director ex officio. In 
addition to any powers and functions otherwise granted to it by 
this Act, the Board shall establish the policies of the 
Foundation, within the framework of applicable national 
policies as set forth by the President and the Congress.
  (b) Executive Committee; Delegation of Powers and 
Functions.--The Board shall have an Executive Committee as 
provided in section 7, and may delegate to it or to the 
Director or both such of the powers and functions granted to 
the Board by this Act as it deems appropriate.
  (c) Meetings; Nominations; Quorum; Notice.--The persons 
nominated for appointment as members of the Board (1) shall be 
eminent in the fields of the basic, medical, or social 
sciences, engineering, agriculture, education, research 
management, or public affairs; (2) shall be selected solely on 
the basis of established records of distinguished service; and 
(3) shall be so selected as to provide representation of the 
views of scientific and engineering leaders in all areas of the 
Nation. In making nominations under this section, the President 
shall give due regard to equitable representation of scientists 
and engineers who are women or who represent minority groups. 
The President is requested, in the making of nominations of 
persons for appointment as members, to give due consideration 
to any recommendations for nomination which may be submitted to 
him by the National Academy of Sciences, the National Academy 
of Engineering, the National Association of State Universities 
and Land Grant Colleges, the Association of American 
Universities, the Association of American Colleges, the 
Association of State Colleges and Universities, or by other 
scientific, engineering, or educational organizations.
  (d) Term of Office; Reappointment.--The term of office of 
each member of the Board shall be six years; except that 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. Any person, 
other than the Director, who has been a member of the Board for 
twelve consecutive years shall thereafter be ineligible for 
appointment during the two-year period following the expiration 
of such twelfth year.
  (e) Meetings; Quorum; Notice.--The Board shall meet annually 
on the third Monday in May unless, prior to May 10 in any year, 
the Chairman has set the annual meeting for a day in May other 
than the third Monday, and at such other times as the Chairman 
may determine, but he shall also call a meeting whenever one-
third of the members so request in writing. The Board shall 
adopt procedures governing the conduct of its meetings, 
including delivery of notice and a definition of a quorum, 
which in no case shall be less than one-half plus one of the 
confirmed members of the Board.
  (f) Election of Chairman and Vice Chairman; Vacancy.--The 
election of the Chairman and Vice Chairman of the Board shall 
take place at each annual meeting occurring in an even-numbered 
year. The Vice Chairman shall perform the duties of the 
Chairman in his absence. In case a vacancy occurs in the 
chairmanship or vice chairmanship, the Board shall elect a 
member to fill such vacancy.
  (g) Limited Term Personnel for the National Science Board.--
The Board may, with the concurrence of a majority of its 
members, permit the appointment of a staff consisting of [not 
more than 5] professional staff members, technical and 
professional personnel on leave of absence from academic, 
industrial, or research institutions for a limited term, and 
such operations and support staff members as may be necessary. 
Such staff shall be appointed by the Chairman and assigned at 
the direction of the Board. The professional members and 
limited term technical and professional personnel of such staff 
may be appointed without regard to the provisions of title 5, 
United States Code, governing appointments in the competitive 
service, and the provisions of chapter 51 of such title [5 
U.S.C. 5101 et seq.] relating to classification, and shall be 
compensated at a rate not exceeding the maximum rate payable 
under section 5376 of such title [5 U.S.C. 5376], as may be 
necessary to provide for the performance of such duties as may 
be prescribed by the Board in connection with the exercise of 
its powers and functions under this Act. Section 14(a)(3) shall 
apply to each limited term appointment of technical and 
professional personnel under this subsection. Each appointment 
under this subsection shall be subject to the same security 
requirements as those required for personnel of the Foundation 
appointed under section 14(a) [42 U.S.C. 1873(a)].
  (h) Special Commissions.--The Board is authorized to 
establish such special commissions as it may from time to time 
deem necessary for the purposes of this Act.
  (i) Committees; Survey and Advisory Functions.--The Board is 
also authorized to appoint from among its members such 
committees as it deems necessary, and to assign to committees 
so appointed such survey and advisory functions as the Board 
deems appropriate to assist it in exercising its powers and 
functions under this Act.
  (j) Annual Report to President; Submittal to Congress.--
          (1) The Board shall render to the President and the 
        Congress no later than January 15 of each even numbered 
        year, a report on indicators of the state of science 
        and engineering in the United States.
          (2) The Board shall render to the President and the 
        Congress reports on specific, individual policy matters 
        within the authority of the Foundation (or otherwise as 
        requested by the Congress or the President) related to 
        science and engineering and education in science and 
        engineering, as the Board, the President, or the 
        Congress determines the need for such reports.
  (k) Closed Meetings.--Portions of Board meetings in which the 
Board considers proposed Foundation budgets for a particular 
fiscal year may be closed to the public until the President's 
budget for that fiscal year has been submitted to the Congress.
  (l) Financial Disclosure Report for Board Members.--Members 
of the Board shall be required to file a financial disclosure 
report under title II of the Ethics in Government Act of 1978 
(5 U.S.C. App. 92 Stat. 1836), except that such reports shall 
be held confidential and exempt from any law otherwise 
requiring their public disclosure.
  Section 4(j)(2) of the National Science Foundation Act of 
1950 (42 U.S.C. 1863(j)(2))
  Section 15(a)(2) of the National Science Foundation 
Authorization Act of 2002 (42 U.S.C. 1862n-5(a)(2))

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

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

  (a) In General.--
          (1) Grants.--
                  (A) In general.--As part of the Robert Noyce 
                Teacher Scholarship Program established under 
                section 10, the Director shall establish a 
                separate program to award grants to eligible 
                entities to enable such entities to administer 
                fellowships in accordance with this section.
                  (B) Definitions.--The terms used in this 
                section have the meanings given the terms in 
                section 10.
          (2) Fellowships.--Fellowships under this section 
        shall be available only to--
                  (A) science, technology, engineering, or 
                mathematics professionals, including retiring 
                professionals in those fields, who shall be 
                referred to as ``National Science Foundation 
                Teaching Fellows'' and who, in the first year 
                of the fellowship, are enrolled in a master's 
                degree program leading to teacher certification 
                or licensing; and
                  (B) mathematics and science teachers, who 
                shall be referred to as ``National Science 
                Foundation Master Teaching Fellows'' and who 
                possess a master's degree in their field.
  (b) Eligibility.--In order to be eligible to receive a grant 
under this section, an eligible entity shall enter into a 
partnership that shall include--
          (1) a department within an institution of higher 
        education participating in the partnership that 
        provides an advanced program of study in mathematics 
        and science;
          (2) (A) a school or department within an institution 
        of higher education participating in the partnership 
        that provides a teacher preparation program; or
          (B) a 2-year institution of higher education that has 
        a teacher preparation offering or a dual enrollment 
        program with an institution of higher education 
        participating in the partnership;
          (3) not less than 1 high need local educational 
        agency and a public school or a consortium of public 
        schools served by the agency; and
          (4) 1 or more nonprofit organizations that have a 
        demonstrated record of capacity to provide expertise or 
        support to meet the purposes of this section.
  (c) Use of Grants.--Grants awarded under this section shall 
be used by the eligible entity (and participating institutions 
of higher education of the consortium, if applicable) to 
develop and implement a program for National Science Foundation 
Teaching Fellows or National Science Foundation Master Teaching 
Fellows, through--
          (1) administering fellowships in accordance with this 
        section, including providing the teaching fellowship 
        salary supplements described in subsection (f);
          (2) in the case of National Science Foundation 
        Teaching Fellowships--
                  (A) offering academic courses and clinical 
                teaching experiences leading to a master's 
                degree and designed to prepare individuals to 
                teach in elementary schools and secondary 
                schools, including such preparation as is 
                necessary to meet the requirements for 
                certification or licensing; and
                  (B) offering programs both during and after 
                matriculation in the program for which the 
                fellowship is received to enable fellows to 
                become highly effective mathematics and science 
                teachers, including mentoring, training, 
                induction, and professional development 
                activities, to fulfill the service requirements 
                of this section, including the requirements of 
                subsection (e), and to exchange ideas with 
                others in their fields; and
          (3) in the case of National Science Foundation Master 
        Teaching Fellowships--
                  (A) offering academic courses and leadership 
                training to prepare individuals to become 
                master teachers in elementary schools and 
                secondary schools; and
                  (B) offering programs both during and after 
                matriculation in the program for which the 
                fellowship is received to enable fellows to 
                become highly effective mathematics and science 
                teachers, including mentoring, training, 
                induction, and professional development 
                activities, to fulfill the service requirements 
                of this section, including the requirements of 
                subsection (e), and to exchange ideas with 
                others in their fields.
  (d) Selection Process.--
          (1) Merit review.--Grants shall be awarded under this 
        section on a competitive, merit-reviewed basis.
          (2) Applications.--An eligible entity desiring a 
        grant under this section shall submit an application to 
        the Director at such time, in such manner, and 
        containing such information as the Director may 
        require. The application shall include, at a minimum--
                  (A) in the case of an applicant that is 
                submitting an application on behalf of a 
                consortium of institutions of higher education, 
                a description of the participating institutions 
                of higher education and the roles and 
                responsibilities of each such institution;
                  (B) a description of the program that the 
                applicant intends to operate, including the 
                number of fellowships the applicant intends to 
                award, the type of activities proposed for the 
                recruitment of students to the program, and the 
                amount of the teaching fellowship salary 
                supplements to be provided in accordance with 
                subsection (f);
                  (C) evidence that the applicant has the 
                capability to administer the program in 
                accordance with the provisions of this section, 
                which may include a description of any existing 
                programs at the applicant eligible entity (and 
                participating institutions of higher education 
                of the consortium, if applicable) that are 
                targeted to the education of mathematics and 
                science teachers and the number of teachers 
                graduated annually from such programs;
                  (D) in the case of National Science 
                Foundation Teaching Fellowships, a description 
                of--
                          (i) the selection process that will 
                        be used in awarding fellowships, 
                        including a description of the rigorous 
                        measures to be used, including the 
                        rigorous, nationally recognized 
                        assessments to be used, in order to 
                        determine whether individuals applying 
                        for fellowships have advanced content 
                        knowledge of science, technology, 
                        engineering, or mathematics;
                          (ii) the academic courses and 
                        clinical teaching experiences described 
                        in subsection (c)(2)(A), including--
                                  (I) a description of an 
                                educational program that will 
                                enable a student to obtain a 
                                master's degree and teacher 
                                certification or licensing 
                                within 1 year; and
                                  (II) evidence of agreements 
                                between the applicant and the 
                                schools or local educational 
                                agencies that are identified as 
                                the locations at which clinical 
                                teaching experiences will 
                                occur;
                          (iii) a description of the programs 
                        described in subsection (c)(2)(B), 
                        including activities to assist 
                        individuals in fulfilling their service 
                        requirements under this section;
                  (E) evidence that the eligible entity will 
                provide the teaching supplements required under 
                subsection (f); and
                  (F) a description of the process the 
                applicant will use to fulfill the requirements 
                of section 10(f).
          (3) Criteria.--In evaluating the applications 
        submitted under paragraph (2), the Director shall 
        consider, at a minimum--
                  (A) the ability of the applicant (and 
                participating institutions of higher education 
                of the consortium, if applicable) to 
                effectively carry out the program and to meet 
                the requirements of subsection (f);
                  (B) the extent to which the mathematics, 
                science, or engineering faculty and the 
                education faculty at the eligible entity (and 
                participating institutions of higher education 
                of the consortium, if applicable) have worked 
                or will work collaboratively to design new or 
                revised curricula that recognizes the 
                specialized pedagogy required to teach science, 
                technology, engineering, and mathematics 
                effectively in elementary schools and secondary 
                schools;
                  (C) the extent to which the applicant (and 
                participating institutions of higher education 
                of the consortium, if applicable) is committed 
                to making the program a central organizational 
                focus;
                  (D) the degree to which the proposed 
                programming will enable participants to become 
                highly effective mathematics and science 
                teachers and prepare such participants to 
                assume leadership roles in their schools, in 
                addition to their regular classroom duties, 
                including serving as mentor or master teachers, 
                developing curriculum, and assisting in the 
                development and implementation of professional 
                development activities;
                  (E) the number and quality of the individuals 
                that will be served by the program; and
                  (F) in the case of the National Science 
                Foundation Teaching Fellowship, the ability of 
                the applicant (and participating institutions 
                of higher education of the consortium, if 
                applicable) to recruit individuals who would 
                otherwise not pursue a career in teaching and 
                individuals identified in section 33 or 34 of 
                the Science and Engineering Equal Opportunities 
                Act (42 U.S.C. 1855a or 1855b).
          (4) Selection of fellows.--
                  (A) In general.--Individuals shall be 
                selected to receive fellowships under this 
                section primarily on the basis of--
                          (i) professional achievement;
                          (ii) academic merit;
                          (iii) content knowledge of science, 
                        technology, engineering, or 
                        mathematics, as demonstrated by their 
                        performance on an assessment in 
                        accordance with paragraph (2)(D)(i); 
                        and
                          (iv) in the case of National Science 
                        Foundation Master Teaching Fellows, 
                        demonstrated success in improving 
                        student academic achievement in 
                        science, technology, engineering, or 
                        mathematics.
                  (B) Promoting participation of certain 
                individuals.--Among individuals demonstrating 
                equivalent qualifications, consideration may be 
                given to the goal of promoting the 
                participation of individuals identified in 
                section 33 or 34 of the Science and Engineering 
                Equal Opportunities Act (42 U.S.C. 1885a or 
                1885b).
  (e) Duties of National Science Foundation Teaching Fellows 
and Master Teaching Fellows.--A National Science Foundation 
Teaching Fellow or a National Science Foundation Master 
Teaching Fellow, while fulfilling the service obligation under 
subsection (g) and in addition to regular classroom activities, 
shall take on a leadership role within the school or local 
educational agency in which the fellow is employed, as defined 
by the partnership according to such fellow's expertise, 
including serving as a mentor or master teacher, developing 
curricula, and assisting in the development and implementation 
of professional development activities.
  (f) Teaching Fellowship Salary Supplements.--
          (1) In general.--An eligible entity receiving a grant 
        under this section shall provide salary supplements to 
        individuals who participate in the program under this 
        section during the period of their service obligation 
        under subsection (g). A local educational agency 
        through which the service obligation is fulfilled shall 
        agree not to reduce the base salary normally paid to an 
        individual solely because such individual receives a 
        salary supplement under this subsection.
          (2) Amount and duration.--
                  (A) Amount.--Salary supplements provided 
                under paragraph (1) shall be not less than 
                $10,000 per year, except that, in the case of a 
                National Science Foundation Teaching Fellow, 
                while enrolled in the master's degree program 
                as described in subsection (c)(2)(A), such 
                fellow shall receive not more than the cost of 
                attendance at such fellow's institution.
                  (B) Support while enrolled in master's degree 
                program.--A National Science Foundation 
                Teaching Fellow may receive a maximum of 1 year 
                of fellowship support while enrolled in a 
                master's degree program as described in 
                subsection (c)(2)(A), except that if such 
                fellow is enrolled in a part-time program, such 
                amount shall be prorated according to the 
                length of the program.
                  (C) Duration of support.--An eligible entity 
                receiving a grant under this section shall 
                provide teaching fellowship salary supplements 
                through the period of the fellow's service 
                obligation under subsection (g).
  (g) Service Obligation.--An individual awarded a fellowship 
under this section shall serve as a mathematics or science 
teacher in an elementary school or secondary school served by a 
high need local educational agency for--
          (1) in the case of a National Science Foundation 
        Teaching Fellow, 4 years, to be fulfilled within 6 
        years of completing the master's program described in 
        subsection (c)(2)(A); and
          (2) in the case of a National Science Foundation 
        Master Teaching Fellow, 5 years, to be fulfilled within 
        7 years of the start of participation in the program 
        under subsection (c)(3).
  (h) Matching Requirement.--
          [(1) In general.--An eligible entity receiving a 
        grant under this section 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.]
          (1) In general.--An eligible entity receiving a grant 
        under this section shall provide, from non-Federal 
        sources, to carry out the activities supported by the 
        grant--
                  (A) in the case of grants in an amount of 
                less than $1,500,000, an amount equal to at 
                least 30 percent of the amount of the grant, at 
                least one half of which shall be in cash; and
                  (B) in the case of grants in an amount of 
                $1,500,000 or more, an amount equal to at least 
                50 percent of the amount of the grant, at least 
                one half of which shall be in cash.
          (2) Waiver.--The Director may waive all or part of 
        the matching requirement described in paragraph (1) for 
        any fiscal year for an eligible entity receiving a 
        grant under this section, if the Director determines 
        that applying the matching requirement would result in 
        serious hardship or inability to carry out the 
        authorized activities described in this section.
  (i) Conditions of Support; Collection for Noncompliance; 
Failure to Complete Service Obligation; Data Collection.--
          (1) In general.--Except as provided in paragraph (2), 
        subsections (e), (f), (g), and (h) of section 10 shall 
        apply to eligible entities and recipients of 
        fellowships under this section, as applicable, in the 
        same manner as such subsections apply to eligible 
        entities and recipients of scholarships and stipends 
        under section 10, as applicable.
          (2) Amount of repayment.--If a circumstance described 
        in subparagraph (D) or (E) of section 10(g)(1) occurs 
        after the completion of 1 year of a service obligation 
        under this section--
                  (A) for a National Science Foundation 
                Teaching Fellow, the total amount of fellowship 
                award received by the individual under this 
                section while enrolled in the master's degree 
                program, reduced by one-fourth of the total 
                amount for each year of service completed, plus 
                one-half of the total teaching fellowship 
                salary supplements received by such individual 
                under this section, shall be repaid or such 
                amount shall be treated as a loan to be repaid 
                in accordance with section 10(g)(1)(C); and
                  (B) for a National Science Foundation Master 
                Teaching Fellow, the total amount of teaching 
                fellowship salary supplements received by the 
                individual under this section, reduced by one-
                half, shall be repaid or such amount shall be 
                treated as a loan to be repaid in accordance 
                with section 10(g)(1)(C).

SEC. 15. BOARD MEETINGS; AUDITS; REPORTS; SCHOLARSHIP ELIGIBILITY.

                          [42 U.S.C. 1862n-5]

  (a) Board Meetings.--
          (1) [Omitted]
          (2) Open meetings.--[The Board] To ensure 
        transparency of the Board's entire decision-making 
        process, including deliberations on Board business 
        occurring within its various subdivisions, the Board 
        and all of its committees, subcommittees, and task 
        forces (and any other entity consisting of members of 
        the Board and reporting to the Board) shall be subject 
        to section 552b of title 5, United States Code. The 
        preceding requirement will apply to meetings of the 
        full Board, whenever a quorum is present; and to 
        meetings of its subdivisions, whenever a quorum of the 
        subdivision is present.
          (3) Compliance audit.--The Inspector General of the 
        Foundation shall conduct an audit every three years of 
        the compliance by the Board with the requirements 
        described in paragraph (2). The audit shall examine the 
        proposed and actual content of closed meetings and 
        determine whether the closure of the meetings was 
        consistent with section 552b of title 5, United States 
        Code.
          (4) Report.--Not later than February 15 of every 
        third year, the Inspector General of the Foundation 
        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 
        the audit required under paragraph (3) along with 
        recommendations for corrective actions that need to be 
        taken to achieve fuller compliance with the 
        requirements described in paragraph (2), and 
        recommendations on how to ensure public access to the 
        Board's deliberations.
          (5) Materials relating to closed portions of 
        meetings.--To facilitate the audit required under 
        paragraph (3) of this subsection, the Office of the 
        National Science Board shall maintain the General 
        Counsel's certificate, the presiding officer's 
        statement, and a transcript or recording of any closed 
        meeting, for at least 3 years after such meeting.

                NATIONAL SCIENCE FOUNDATION ACT OF 1950

                            [42 U.S.C. 1869]

SEC. 10. SCHOLARSHIPS AND GRADUATE FELLOWSHIPS.

  (a) In General._The Foundation is authorized to award 
scholarships and graduate fellowships for study and research in 
the sciences or in engineering at appropriate nonprofit 
American or nonprofit foreign institutions selected by the 
recipient of such aid, for stated periods of time. Persons 
shall be selected for such scholarships and fellowships from 
among citizens, nationals or lawfully admitted permanent 
resident aliens of the United States, and such selections shall 
be made solely on the basis of ability; but in any case in 
which two or more applicants for scholarships or fellowships, 
as the case may be, are deemed by the Foundation to be 
possessed of substantially equal ability, and there are not 
sufficient scholarships or fellowships, as the case may be, 
available to grant one to each of such applicants, the 
available scholarship or scholarships or fellowship or 
fellowships shall be awarded to the applicants in such manner 
as will tend to result in a wide distribution of scholarships 
and fellowships throughout the United States. Nothing contained 
in this Act shall prohibit the Foundation from refusing or 
revoking a scholarship or fellowship award, in whole or in 
part, in the case of any applicant or recipient, if the Board 
is of the opinion that such award is not in the best interests 
of the United States.
  (b) Amount.--The Director shall establish for each year the 
amount to be awarded for scholarships and fellowships under 
this section for that year. Each such scholarship and 
fellowship shall include a cost of education allowance of 
$12,000, subject to any restrictions on the use of cost of 
education allowance as determined by the Director.

               NATIONAL AERONAUTICS AND SPACE ACT OF 1958

                           [42 U.S.C. 2459f-1

SEC. 314. PRIZE AUTHORITY.

  (a) In General.--The Administration may carry out a program 
to competitively award cash prizes to stimulate innovation in 
basic and applied research, technology development, and 
prototype demonstration that have the potential for application 
to the performance of the space and aeronautical activities of 
the Administration. [The Administration may carry out a program 
to award prizes only in conformity with this section.]
  (b) Topics.--In selecting topics for prize competitions, the 
Administrator shall consult widely both within and outside the 
Federal Government, and may empanel advisory committees. The 
Administrator shall give consideration to prize goals such as 
the demonstration of the ability to provide energy to the lunar 
surface from space-based solar power systems, demonstration of 
innovative near-Earth object survey and deflection strategies, 
and innovative approaches to improving the safety and 
efficiency of aviation systems.
  (c) Advertising.--The Administrator shall widely advertise 
prize competitions to encourage participation.
  (d) Requirements and Registration.--For each prize 
competition, the Administrator shall publish a notice in the 
Federal Register announcing the subject of the competition, the 
rules for being eligible to participate in the competition, the 
amount of the prize, and the basis on which a winner will be 
selected.
  (e) Eligibility.--To be eligible to win a prize under this 
section, an individual or entity--
          (1) shall have registered to participate in the 
        competition pursuant to any rules promulgated by the 
        Administrator under subsection (d);
          (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) shall not be a Federal entity or Federal employee 
        acting within the scope of their employment.
  (f) Liability.--
          (1) Registered participants must agree to assume any 
        and all risks and waive claims against the Federal 
        Government and its related entities, except in the case 
        of willful misconduct, for any injury, death, damage, 
        or loss of property, revenue, or profits, whether 
        direct, indirect, or consequential, arising from their 
        participation in a competition, whether such injury, 
        death, damage, or loss arises through negligence or 
        otherwise. For the purposes of 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.
          (2) Participants must obtain liability insurance or 
        demonstrate financial responsibility, in amounts 
        determined by the Administrator, for claims by--
                  (A) a third party for death, bodily injury, 
                or property damage, or loss resulting from an 
                activity carried out in connection with 
                participation in a competition, with the 
                Federal Government named as an additional 
                insured under the registered participant's 
                insurance policy and registered participants 
                agreeing to indemnify the Federal Government 
                against third party claims for damages arising 
                from or related to competition activities; and
                  (B) the Federal Government for damage or loss 
                to Government property resulting from such an 
                activity.
  (g) Judges.--For each competition, the Administration, either 
directly or through an agreement under subsection (h), shall 
assemble a panel of qualified judges to select the winner or 
winners of the prize competition on the basis described 
pursuant to subsection (d). Judges for each competition shall 
include individuals from outside the Administration, including 
from the private sector. A judge may not--
          (1) have personal or financial interests in, or be an 
        employee, officer, director, or agent of any entity 
        that is a registered participant in a competition; or
          (2) have a familial or financial relationship with an 
        individual who is a registered participant.
  (h) Administering the Competition.--The Administrator may 
enter into an agreement with a private, nonprofit entity to 
administer the prize competition, subject to the provisions of 
this section.
  (i) Funding.--
          (1) Prizes under this section may consist of Federal 
        appropriated funds and funds provided by the private 
        sector for such cash prizes. The Administrator may 
        accept funds from other Federal agencies for such cash 
        prizes. The Administrator may not give any special 
        consideration to any private sector entity in return 
        for a donation.
          (2) Notwithstanding any other provision of law, funds 
        appropriated for prize awards under this section shall 
        remain available until expended, and may be 
        transferred, reprogrammed, or expended for other 
        purposes only after the expiration of 10 fiscal years 
        after the fiscal year for which the funds were 
        originally appropriated. No provision in this section 
        permits obligation or payment of funds in violation of 
        the Anti-Deficiency Act (31 U.S.C. 1341).
          (3) No prize may be announced under subsection (d) 
        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. The Administrator may 
        increase the amount of a prize after an initial 
        announcement is made under subsection (d) if----
                  (A) notice of the increase is provided in the 
                same manner as the initial notice of the prize; 
                and
                  (B) the funds needed to pay out the announced 
                amount of the increase have been appropriated 
                or committed in writing by a private source.
          (4) No prize competition under this section may offer 
        a prize in an amount greater than $ 50,000,000 unless 
        30 days have elapsed after written notice has been 
        transmitted to the Committee on Science of the House of 
        Representatives and the Committee on Commerce, Science, 
        and Transportation of the Senate.
          (5) No prize competition under this section may 
        result in the award of more than $ 1,000,000 in cash 
        prizes without the approval of the Administrator.
  (j) Use of NASA Name and Insignia.--A registered participant 
in a competition under this section may use the 
Administration's name, initials, or insignia only after prior 
review and written approval by the Administration.
  (k) Compliance with Existing Law.--The Federal Government 
shall not, by virtue of offering or providing a prize under 
this section, be responsible for compliance by registered 
participants in a prize competition with Federal law, including 
licensing, export control, and non-proliferation laws, and 
related regulations.

                       COMMUNICATIONS ACT OF 1934

                        [47 U.S.C. 151 et seq.]

SEC. 12. ADDITIONAL RESEARCH AUTHORITIES OF THE FCC.

  In order to carry out the purposes of this Act, the 
Commission may--
          (1) undertake research and development work in 
        connection with any matter in relation to which the 
        Commission has jurisdiction; and
          (2) promote the carrying out of such research and 
        development by others, or otherwise to arrange for such 
        research and development to be carried out by others.

                                  
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