In the Senate of the United States, 

December 17, 2010. 

Resolved, That the bill from the House of Representatives (H.R. 5116) entitled ‘‘An Act to invest in innovation 

through research and development, to improve the 

competitivesness of the United States, and for other purposes.’’, do pass with the following 

AMENDMENT: 

Strike out all after the enacting clause and insert: 

1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—this Act may be cited as the 

3 ‘‘America COMPETES Reauthorization Act of 2010’’ or the 

4 ‘‘America Creating Opportunities to Meaningfully Promote 

5 Excellence in Technology, Education, and Science Reau6 thorization Act of 2010’’. 

7 (b) TABLE OF CONTENTS.—The table of contents for 

8 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

Sec. 3. Budgetary impact statement. 
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TITLE I—OFFICE OF SCIENCE AND TECHNOLOGY POLICY 

Sec. 101. Coordination of Federal STEM education. 

Sec. 102. Coordination of advanced manufacturing research and development. 

Sec. 103. Interagency public access committee. 

Sec. 104. Federal scientific collections. 

Sec. 105. Prize competitions. 

TITLE II—NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 

Sec. 201. NASA’s contribution to innovation and competitiveness. 

Sec. 202. NASA’s contribution to education. 

Sec. 203. Assessment of impediments to space science and engineering workforce 

development for minority and under-represented groups at 

NASA. 

Sec. 204. International Space Station’s contribution to national competitiveness 

enhancement. 

Sec. 205. Study of potential commercial orbital platform program impact on 

Science, Technology, Engineering, and Mathematics. 

Sec. 206. Definitions. 

TITLE III—NATIONAL OCEANIC AND ATMOSPHERIC 

ADMINISTRATION 

Sec. 301. Oceanic and atmospheric research and development program. 

Sec. 302. Oceanic and atmospheric science education programs. 

Sec. 303. Workforce study. 

TITLE IV—NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY 

Sec. 401. Short title. 

Sec. 402. Authorization of appropriations. 

Sec. 403. Under Secretary of Commerce for Standards and Technology. 

Sec. 404. Manufacturing Extension Partnership. 

Sec. 405. Emergency communication and tracking technologies research initiative. 

Sec. 406. Broadening participation. 

Sec. 407. NIST Fellowships. 

Sec. 408. Green manufacturing and construction. 

Sec. 409. Definitions. 

TITLE V—SCIENCE, TECHNOLOGY, ENGINEERING, AND 

MATHEMATICS SUPPORT PROGRAMS 

SUBTITLE A—NATIONAL SCIENCE FOUNDATION 

Sec. 501. Short title. 

Sec. 502. Definitions. 

Sec. 503. Authorization of appropriations. 

Sec. 504. National Science Board administrative amendments. 

Sec. 505. National Center for Science and Engineering statistics. 

Sec. 506. National Science Foundation manufacturing research and education. 

Sec. 507. National Science Board report on mid-scale instrumentation. 

Sec. 508. Partnerships for innovation. 

Sec. 509. Sustainable chemistry basic research. 

Sec. 510. Graduate student support. 

Sec. 511. Robert Noyce teacher scholarship program. 
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Sec. 512. Undergraduate broadening participation program. 

Sec. 513. Research experiences for high school students. 

Sec. 514. Research experiences for undergraduates. 

Sec. 515. STEM industry internship programs. 

Sec. 516. Cyber-enabled learning for national challenges. 

Sec. 517. Experimental Program to Stimulate Competitive Research. 

Sec. 518. Sense of the Congress regarding the science, technology, engineering, and 

mathematics talent expansion program. 

Sec. 519. Sense of the Congress regarding the National Science Foundation’s contributions to basic research and education. 

Sec. 520. Academic technology transfer and commercialization of university research. 

Sec. 521. Study to develop improved impact-on-society metrics. 

Sec. 522. NSF grants in support of sponsored post-doctoral fellowship programs. 

Sec. 523. Collaboration in planning for stewardship of large-scale facilities. 

Sec. 524. Cloud computing research enhancement. 

Sec. 525. Tribal colleges and universities program. 

Sec. 526. Broader impacts review criterion. 

Sec. 527. Twenty-first century graduate education. 

SUBTITLE B—STEM-TRAINING GRANT PROGRAM 

Sec. 551. Purpose. 

Sec. 552. Program requirements. 

Sec. 553. Grant program. 

Sec. 554. Grant oversight and administration. 

Sec. 555. Definitions. 

Sec. 556. Authorization of appropriations. 

TITLE VI—INNOVATION 

Sec. 601. Office of innovation and entrepreneurship. 

Sec. 602. Federal loan guarantees for innovative technologies in manufacturing. 

Sec. 603. Regional innovation program. 

Sec. 604. Study on economic competitiveness and innovative capacity of United 

States and development of national economic competitiveness 

strategy. 

Sec. 605. Promoting use of high-end computing simulation and modeling by 

small- and medium-sized manufacturers. 

TITLE VII—NIST GREEN JOBS 

Sec. 701. Short title. 

Sec. 702. Findings. 

Sec. 703. National Institute of Standards and Technology competitive grant program. 

TITLE VIII—GENERAL PROVISIONS 

Sec. 801. Government Accountability Office review. 

Sec. 802. Salary restrictions. 

Sec. 803. Additional research authorities of the FCC. 

TITLE IX—DEPARTMENT OF ENERGY 

Sec. 901. Science, engineering, and mathematics education programs. 

Sec. 902. Energy research programs. 
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Sec. 903. Basic research. 

Sec. 904. Advanced Research Project Agency-Energy. 

TITLE X—EDUCATION 

Sec. 1001. References 

Sec. 1002. Repeals and conforming amendments. 

Sec. 1003. Authorizations of appropriations and matching requirement. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) DIRECTOR.—In title I, the term ‘‘Director’’ 

4 means the Director of the Office of Science and Tech5 nology Policy. 

6 (2) STEM.—The term ‘‘STEM’’ means the aca7 demic and professional disciplines of science, tech8 nology, engineering, and mathematics. 

9 SEC. 3. BUDGETARY IMPACT STATEMENT. 

10 The budgetary effects of this Act, for the purpose of 

11 complying with the Statutory Pay-As-You-Go-Act of 2010, 

12 shall be determined by reference to the latest statement titled 

13 ‘‘Budgetary Effects of PAYGO Legislation’’ for this Act, 

14 submitted for printing in the Congressional Record by the 

15 Chairman of the Senate Budget Committee, provided that 

16 such statement has been submitted prior to the vote on pas17 sage. 

18 TITLE I—OFFICE OF SCIENCE 

19 AND TECHNOLOGY POLICY 

20 SEC. 101. COORDINATION OF FEDERAL STEM EDUCATION. 

21 (a) ESTABLISHMENT.—The Director shall establish a 

22 committee under the National Science and Technology 
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1 Council, including the Office of Management and Budget, 

2 with the responsibility to coordinate Federal programs and 

3 activities in support of STEM education, including at the 

4 National Science Foundation, the Department of Energy, 

5 the National Aeronautics and Space Administration, the 

6 National Oceanic and Atmospheric Administration, the De7 partment of Education, and all other Federal agencies that 

8 have programs and activities in support of STEM edu9 cation. 

10 (b) RESPONSIBILITIES.—The committee established 

11 under subsection (a) shall— 

12 (1) coordinate the STEM education activities 

13 and programs of the Federal agencies; 

14 (2) coordinate STEM education activities and 

15 programs with the Office of Management and Budget; 

16 (3) encourage the teaching of innovation and en17 trepreneurship as part of STEM education activities; 

18 (4) review STEM education activities and pro19 grams to ensure they are not duplicative of similar ef20 forts within the Federal government; 

21 (5) develop, implement through the participating 

22 agencies, and update once every 5 years a 5-year 

23 STEM education strategic plan, which shall— 

24 (A) specify and prioritize annual and long25 term objectives; 
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1 (B) specify the common metrics that will be 

2 used to assess progress toward achieving the ob3 jectives; 

4 (C) describe the approaches that will be 

5 taken by each participating agency to assess the 

6 effectiveness of its STEM education programs 

7 and activities; and 

8 (D) with respect to subparagraph (A), de9 scribe the role of each agency in supporting pro10 grams and activities designed to achieve the ob11 jectives; and 

12 (6) establish, periodically update, and maintain 

13 an inventory of federally sponsored STEM education 

14 programs and activities, including documentation of 

15 assessments of the effectiveness of such programs and 

16 activities and rates of participation by women, 

17 underrepresented minorities, and persons in rural 

18 areas in such programs and activities. 

19 (b) RESPONSIBILITIES OF OSTP.—The Director shall 

20 encourage and monitor the efforts of the participating agen21 cies to ensure that the strategic plan under subsection (b)(5) 

22 is developed and executed effectively and that the objectives 

23 of the strategic plan are met. 

24 (c) REPORT.—The Director shall transmit a report an25 nually to Congress at the time of the President’s budget re-
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1 quest describing the plan required under subsection (b)(5). 

2 The annual report shall include— 

3 (1) a description of the STEM education pro4 grams and activities for the previous and current fis5 cal years, and the proposed programs and activities 

6 under the President’s budget request, of each partici7 pating Federal agency; 

8 (2) the levels of funding for each participating 

9 Federal agency for the programs and activities de10 scribed under paragraph (1) for the previous fiscal 

11 year and under the President’s budget request; 

12 (3) an evaluation of the levels of duplication and 

13 fragmentation of the programs and activities de14 scribed under paragraph (1); 

15 (4) except for the initial annual report, a de16 scription of the progress made in carrying out the im17 plementation plan, including a description of the out18 come of any program assessments completed in the 

19 previous year, and any changes made to that plan 

20 since the previous annual report; and 

21 (5) a description of how the participating Fed22 eral agencies will disseminate information about fed23 erally supported resources for STEM education prac24 titioners, including teacher professional development 

25 programs, to States and to STEM education practi-
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1 tioners, including to teachers and administrators in 

2 schools that meet the criteria described in subsection 

3 (c)(1)(A) and (B) of section 3175 of the Department 

4 of Energy Science Education Enhancement Act (42 

5 U.S.C. 7381j(c)(1)(A) and (B)). 

6 SEC. 102. COORDINATION OF ADVANCED MANUFACTURING 

7 RESEARCH AND DEVELOPMENT. 

8 (a) INTERAGENCY COMMITTEE.—The Director shall es9 tablish or designate a Committee on Technology under the 

10 National Science and Technology Council. The Committee 

11 shall be responsible for planning and coordinating Federal 

12 programs and activities in advanced manufacturing re13 search and development. 

14 (b) RESPONSIBILITIES OF COMMITTEE.—The Com15 mittee shall— 

16 (1) coordinate the advanced manufacturing re17 search and development programs and activities of 

18 the Federal agencies; 

19 (2) establish goals and priorities for advanced 

20 manufacturing research and development that will 

21 strengthen United States manufacturing; 

22 (3) work with industry organizations, Federal 

23 agencies, and Federally Funded Research and Devel24 opment Centers not represented on the Committee, to 

25 identify and reduce regulatory, logistical, and fiscal 
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1 barriers within the Federal government and State 

2 governments that inhibit United States manufac3 turing; 

4 (4) facilitate the transfer of intellectual property 

5 and technology based on federally supported univer6 sity research into commercialization and manufac7 turing; 

8 (5) identify technological, market, or business 

9 challenges that may best be addressed by public-pri10 vate partnerships, and are likely to attract both par11 ticipation and primary funding from industry; 

12 (6) encourage the formation of public-private 

13 partnerships to respond to those challenges for transi14 tion to United States manufacturing; and 

15 (7) develop, and update every 5 years, a strategic 

16 plan to guide Federal programs and activities in sup17 port of advanced manufacturing research and devel18 opment, which shall— 

19 (A) specify and prioritize near-term and 

20 long-term research and development objectives, 

21 the anticipated time frame for achieving the ob22 jectives, and the metrics for use in assessing 

23 progress toward the objectives; 

24 (B) specify the role of each Federal agency 

25 in carrying out or sponsoring research and de-
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1 velopment to meet the objectives of the strategic 

2 plan; 

3 (C) describe how the Federal agencies and 

4 Federally Funded Research and Development 

5 Centers supporting advanced manufacturing re6 search and development will foster the transfer of 

7 research and development results into new man8 ufacturing technologies and United States based 

9 manufacturing of new products and processes for 

10 the benefit of society to ensure national, energy, 

11 and economic security; 

12 (D) describe how Federal agencies and Fed13 erally Funded Research and Development Cen14 ters supporting advanced manufacturing re15 search and development will strengthen all levels 

16 of manufacturing education and training pro17 grams to ensure an adequate, well-trained work18 force; 

19 (E) describe how the Federal agencies and 

20 Federally Funded Research and Development 

21 Centers supporting advanced manufacturing re22 search and development will assist small- and 

23 medium-sized manufacturers in developing and 

24 implementing new products and processes; and 
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1 (F) take into consideration the rec2 ommendations of a wide range of stakeholders, 

3 including representatives from diverse manufac4 turing companies, academia, and other relevant 

5 organizations and institutions. 

6 (c) REPORT.—Not later than 1 year after the date of 

7 enactment of this Act, the Director shall transmit the stra8 tegic plan developed under subsection (b)(7) to the Senate 

9 Committee on Commerce, Science, and Transportation, and 

10 the House of Representatives Committee on Science and 

11 Technology, and shall transmit subsequent updates to those 

12 committees as appropriate. 

13 SEC. 103. INTERAGENCY PUBLIC ACCESS COMMITTEE. 

14 (a) ESTABLISHMENT.—The Director shall establish a 

15 working group under the National Science and Technology 

16 Council with the responsibility to coordinate Federal 

17 science agency research and policies related to the dissemi18 nation and long-term stewardship of the results of unclassi19 fied research, including digital data and peer-reviewed 

20 scholarly publications, supported wholly, or in part, by 

21 funding from the Federal science agencies. 

22 (b) RESPONSIBILITIES.—The working group shall— 

23 (1) identify the specific objectives and public in24 terests that need to be addressed by any policies co25 ordinated under (a); 
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1 (2) take into account inherent variability among 

2 Federal science agencies and scientific disciplines in 

3 the nature of research, types of data, and dissemina4 tion models; 

5 (3) coordinate the development or designation of 

6 standards for research data, the structure of full text 

7 and metadata, navigation tools, and other applica8 tions to maximize interoperability across Federal 

9 science agencies, across science and engineering dis10 ciplines, and between research data and scholarly 

11 publications, taking into account existing consensus 

12 standards, including international standards; 

13 (4) coordinate Federal science agency programs 

14 and activities that support research and education on 

15 tools and systems required to ensure preservation and 

16 stewardship of all forms of digital research data, in17 cluding scholarly publications; 

18 (5) work with international science and tech19 nology counterparts to maximize interoperability be20 tween United States based unclassified research data21 bases and international databases and repositories; 

22 (6) solicit input and recommendations from, and 

23 collaborate with, non-Federal stakeholders, including 

24 the public, universities, nonprofit and for-profit pub25 lishers, libraries, federally funded and non federally 
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1 funded research scientists, and other organizations 

2 and institutions with a stake in long term preserva3 tion and access to the results of federally funded re4 search; 

5 (7) establish priorities for coordinating the devel6 opment of any Federal science agency policies related 

7 to public access to the results of federally funded re8 search to maximize the benefits of such policies with 

9 respect to their potential economic or other impact on 

10 the science and engineering enterprise and the stake11 holders thereof; 

12 (8) take into consideration the distinction be13 tween scholarly publications and digital data; 

14 (9) take into consideration the role that scientific 

15 publishers play in the peer review process in ensuring 

16 the integrity of the record of scientific research, in17 cluding the investments and added value that they 

18 make; and 

19 (10) examine Federal agency practices and pro20 cedures for providing research reports to the agencies 

21 charged with locating and preserving unclassified re22 search. 

23 (c) PATENT OR COPYRIGHT LAW.—Nothing in this sec24 tion shall be construed to undermine any right under the 

25 provisions of title 17 or 35, United States Code. 
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1 (d) APPLICATION WITH EXISTING LAW.—Nothing de2 fined in section (b) shall be construed to affect existing law 

3 with respect to Federal science agencies’ policies related to 

4 public access. 

5 (e) REPORT TO CONGRESS.—Not later than 1 year 

6 after the date of enactment of this Act, the Director shall 

7 transmit a report to Congress describing— 

8 (1) the specific objectives and public interest 

9 identified under (b)(1); 

10 (2) any priorities established under subsection 

11 (b)(7); 

12 (3) the impact the policies described under (a) 

13 have had on the science and engineering enterprise 

14 and the stakeholders, including the financial impact 

15 on research budgets; 

16 (4) the status of any Federal science agency poli17 cies related to public access to the results of federally 

18 funded research; and 

19 (5) how any policies developed or being developed 

20 by Federal science agencies, as described in subsection 

21 (a), incorporate input from the non-Federal stake22 holders described in subsection (b)(6). 

23 (f) FEDERAL SCIENCE AGENCY DEFINED.—For the 

24 purposes of this section, the term ‘‘Federal science agency’’ 
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1 means any Federal agency with an annual extramural re2 search expenditure of over $100,000,000. 

3 SEC. 104. FEDERAL SCIENTIFIC COLLECTIONS. 

4 (a) MANAGEMENT OF SCIENTIFIC COLLECTIONS.—The 

5 Office of Science and Technology Policy shall develop poli6 cies for the management and use of Federal scientific collec7 tions to improve the quality, organization, access, including 

8 online access, and long-term preservation of such collections 

9 for the benefit of the scientific enterprise. In developing 

10 those policies the Office of Science and Technology Policy 

11 shall consult, as appropriate, with— 

12 (1) Federal agencies with such collections; and 

13 (2) representatives of other organizations, insti14 tutions, and other entities not a part of the Federal 

15 Government that have a stake in the preservation, 

16 maintenance, and accessibility of such collections, in17 cluding State and local government agencies, institu18 tions of higher education, museums, and other entities 

19 engaged in the acquisition, holding, management, or 

20 use of scientific collections. 

21 (b) CLEARINGHOUSE.—The Office of Science and Tech22 nology Policy, in consultation with relevant Federal agen23 cies, shall ensure the development of an online clearinghouse 

24 for information on the contents of and access to Federal 

25 scientific collections. 
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1 (c) DISPOSAL OF COLLECTIONS.—The policies devel2 oped under subsection (a) shall— 

3 (1) require that, before disposing of a scientific 

4 collection, a Federal agency shall— 

5 (A) conduct a review of the research value 

6 of the collection; and 

7 (B) consult with researchers who have used 

8 the collection, and other potentially interested 

9 parties, concerning— 

10 (i) the collection’s value for research 

11 purposes; and 

12 (ii) possible additional educational 

13 uses for the collection; and 

14 (2) include procedures for Federal agencies to 

15 transfer scientific collections they no longer need to 

16 researchers at institutions or other entities qualified 

17 to manage the collections. 

18 (d) COST PROJECTIONS.—The Office of Science and 

19 Technology Policy, in consultation with relevant Federal 

20 agencies, shall develop a common set of methodologies to be 

21 used by Federal agencies for the assessment and projection 

22 of costs associated with the management and preservation 

23 of their scientific collections. 

24 (e) SCIENTIFIC COLLECTION DEFINED.—In this sec25 tion, the term ‘‘scientific collection’’ means a set of physical 
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1 specimens, living or inanimate, created for the purpose of 

2 supporting science and serving as a long-term research 

3 asset, rather than for their market value as collectibles or 

4 their historical, artistic, or cultural significance, and, as 

5 appropriate and feasible, the associated specimen data and 

6 materials. 

7 SEC. 105. PRIZE COMPETITIONS. 

8 (a) IN GENERAL.—The Stevenson-Wydler Technology 

9 Innovation Act of 1980 (15 U.S.C. 3701 et seq.) is amended 

10 by adding at the end the following: 

11 ‘‘SEC. 24. PRIZE COMPETITIONS. 

12 ‘‘(a) DEFINITIONS.—In this section: 

13 ‘‘(1) AGENCY.—The term ‘agency’ means a Fed14 eral agency. 

15 ‘‘(2) DIRECTOR.—The term ‘Director’ means the 

16 Director of the Office of Science and Technology Pol17 icy. 

18 ‘‘(3) FEDERAL AGENCY.—The term ‘Federal 

19 agency’ has the meaning given under section 4, except 

20 that term shall not include any agency of the legisla21 tive branch of the Federal Government. 

22 ‘‘(4) HEAD OF AN AGENCY.—The term ‘head of 

23 an agency’ means the head of a Federal agency. 

24 ‘‘(b) IN GENERAL.—Each head of an agency, or the 

25 heads of multiple agencies in cooperation, may carry out 
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1 a program to award prizes competitively to stimulate inno2 vation that has the potential to advance the mission of the 

3 respective agency. 

4 ‘‘(c) PRIZES.—For purposes of this section, a prize 

5 may be one or more of the following: 

6 ‘‘(1) A point solution prize that rewards and 

7 spurs the development of solutions for a particular, 

8 well-defined problem. 

9 ‘‘(2) An exposition prize that helps identify and 

10 promote a broad range of ideas and practices that 

11 may not otherwise attract attention, facilitating fur12 ther development of the idea or practice by third par13 ties. 

14 ‘‘(3) Participation prizes that create value dur15 ing and after the competition by encouraging contest16 ants to change their behavior or develop new skills 

17 that may have beneficial effects during and after the 

18 competition. 

19 ‘‘(4) Such other types of prizes as each head of 

20 an agency considers appropriate to stimulate innova21 tion that has the potential to advance the mission of 

22 the respective agency. 

23 ‘‘(d) TOPICS.—In selecting topics for prize competi24 tions, the head of an agency shall consult widely both with-
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1 in and outside the Federal Government, and may empanel 

2 advisory committees. 

3 ‘‘(e) ADVERTISING.—The head of an agency shall wide4 ly advertise each prize competition to encourage broad par5 ticipation. 

6 ‘‘(f) REQUIREMENTS AND REGISTRATION.—For each 

7 prize competition, the head of an agency shall publish a 

8 notice in the Federal Register announcing— 

9 ‘‘(1) the subject of the competition; 

10 ‘‘(2) the rules for being eligible to participate in 

11 the competition; 

12 ‘‘(3) the process for participants to register for 

13 the competition; 

14 ‘‘(4) the amount of the prize; and 

15 ‘‘(5) the basis on which a winner will be selected. 

16 ‘‘(g) ELIGIBILITY.—To be eligible to win a prize under 

17 this section, an individual or entity— 

18 ‘‘(1) shall have registered to participate in the 

19 competition under any rules promulgated by the head 

20 of an agency under subsection (f); 

21 ‘‘(2) shall have complied with all the require22 ments under this section; 

23 ‘‘(3) in the case of a private entity, shall be in24 corporated in and maintain a primary place of busi25 ness in the United States, and in the case of an indi-
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1 vidual, whether participating singly or in a group, 

2 shall be a citizen or permanent resident of the United 

3 States; and 

4 ‘‘(4) may not be a Federal entity or Federal em5 ployee acting within the scope of their employment. 

6 ‘‘(h) CONSULTATION WITH FEDERAL EMPLOYEES.— 

7 An individual or entity shall not be deemed ineligible under 

8 subsection (g) because the individual or entity used Federal 

9 facilities or consulted with Federal employees during a com10 petition if the facilities and employees are made available 

11 to all individuals and entities participating in the competi12 tion on an equitable basis. 

13 ‘‘(i) LIABILITY.— 

14 ‘‘(1) IN GENERAL.— 

15 ‘‘(A) DEFINITION.—In this paragraph, the 

16 term ‘related entity’ means a contractor or sub17 contractor at any tier, and a supplier, user, cus18 tomer, cooperating party, grantee, investigator, 

19 or detailee. 

20 ‘‘(B) LIABILITY.—Registered participants 

21 shall be required to agree to assume any and all 

22 risks and waive claims against the Federal Gov23 ernment and its related entities, except in the 

24 case of willful misconduct, for any injury, death, 

25 damage, or loss of property, revenue, or profits, 
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1 whether direct, indirect, or consequential, arising 

2 from their participation in a competition, 

3 whether the injury, death, damage, or loss arises 

4 through negligence or otherwise. 

5 ‘‘(2) INSURANCE.—Participants shall be required 

6 to obtain liability insurance or demonstrate financial 

7 responsibility, in amounts determined by the head of 

8 an agency, for claims by— 

9 ‘‘(A) a third party for death, bodily injury, 

10 or property damage, or loss resulting from an 

11 activity carried out in connection with partici12 pation in a competition, with the Federal Gov13 ernment named as an additional insured under 

14 the registered participant’s insurance policy and 

15 registered participants agreeing to indemnify the 

16 Federal Government against third party claims 

17 for damages arising from or related to competi18 tion activities; and 

19 ‘‘(B) the Federal Government for damage or 

20 loss to Government property resulting from such 

21 an activity. 

22 ‘‘(3) EXCEPTION.—The head of an agency may 

23 not require a participant to waive claims against the 

24 administering entity arising out of the unauthorized 

25 use or disclosure by the agency of the intellectual 
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1 property, trade secrets, or confidential business infor2 mation of the participant. 

3 ‘‘(j) INTELLECTUAL PROPERTY.— 

4 ‘‘(1) PROHIBITION ON THE GOVERNMENT AC5 QUIRING INTELLECTUAL PROPERTY RIGHTS.—The 

6 Federal Government may not gain an interest in in7 tellectual property developed by a participant in a 

8 competition without the written consent of the partic9 ipant. 

10 ‘‘(2) LICENSES.—The Federal Government may 

11 negotiate a license for the use of intellectual property 

12 developed by a participant for a competition. 

13 ‘‘(k) JUDGES.— 

14 ‘‘(1) IN GENERAL.—For each competition, the 

15 head of an agency, either directly or through an 

16 agreement under subsection (l), shall appoint one or 

17 more qualified judges to select the winner or winners 

18 of the prize competition on the basis described under 

19 subsection (f). Judges for each competition may in20 clude individuals from outside the agency, including 

21 from the private sector. 

22 ‘‘(2) RESTRICTIONS.—A judge may not— 

23 ‘‘(A) have personal or financial interests in, 

24 or be an employee, officer, director, or agent of 
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1 any entity that is a registered participant in a 

2 competition; or 

3 ‘‘(B) have a familial or financial relation4 ship with an individual who is a registered par5 ticipant. 

6 ‘‘(3) GUIDELINES.—The heads of agencies who 

7 carry out competitions under this section shall de8 velop guidelines to ensure that the judges appointed 

9 for such competitions are fairly balanced and operate 

10 in a transparent manner. 

11 ‘‘(4) EXEMPTION FROM FACA.—The Federal Ad12 visory Committee Act (5 U.S.C. App.) shall not apply 

13 to any committee, board, commission, panel, task 

14 force, or similar entity, created solely for the purpose 

15 of judging prize competitions under this section. 

16 ‘‘(l) ADMINISTERING THE COMPETITION.—The head of 

17 an agency may enter into an agreement with a private, 

18 nonprofit entity to administer a prize competition, subject 

19 to the provisions of this section. 

20 ‘‘(m) FUNDING.— 

21 ‘‘(1) IN GENERAL.—Support for a prize competi22 tion under this section, including financial support 

23 for the design and administration of a prize or funds 

24 for a monetary prize purse, may consist of Federal 

25 appropriated funds and funds provided by the private 
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1 sector for such cash prizes. The head of an agency 

2 may accept funds from other Federal agencies to sup3 port such competitions. The head of an agency may 

4 not give any special consideration to any private sec5 tor entity in return for a donation. 

6 ‘‘(2) AVAILABILITY OF FUNDS.—Notwithstanding 

7 any other provision of law, funds appropriated for 

8 prize awards under this section shall remain avail9 able until expended. No provision in this section per10 mits obligation or payment of funds in violation of 

11 section 1341 of title 31, United States Code. 

12 ‘‘(3) AMOUNT OF PRIZE.— 

13 ‘‘(A) ANNOUNCEMENT.—No prize may be 

14 announced under subsection (f) until all the 

15 funds needed to pay out the announced amount 

16 of the prize have been appropriated or committed 

17 in writing by a private source. 

18 ‘‘(B) INCREASE IN AMOUNT.—The head of 

19 an agency may increase the amount of a prize 

20 after an initial announcement is made under 

21 subsection (f) only if— 

22 ‘‘(i) notice of the increase is provided 

23 in the same manner as the initial notice of 

24 the prize; and 
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1 ‘‘(ii) the funds needed to pay out the 

2 announced amount of the increase have been 

3 appropriated or committed in writing by a 

4 private source. 

5 ‘‘(4) LIMITATION ON AMOUNT.— 

6 ‘‘(A) NOTICE TO CONGRESS.—No prize com7 petition under this section may offer a prize in 

8 an amount greater than $50,000,000 unless 30 

9 days have elapsed after written notice has been 

10 transmitted to the Committee on Commerce, 

11 Science, and Transportation of the Senate and 

12 the Committee on Science and Technology of the 

13 House of Representatives. 

14 ‘‘(B) APPROVAL OF HEAD OF AGENCY.—No 

15 prize competition under this section may result 

16 in the award of more than $1,000,000 in cash 

17 prizes without the approval of the head of an 

18 agency. 

19 ‘‘(n) GENERAL SERVICE ADMINISTRATION ASSIST20 ANCE.—Not later than 180 days after the date of the enact21 ment of the America COMPETES Reauthorization Act of 

22 2010, the General Services Administration shall provide 

23 government wide services to share best practices and assist 

24 agencies in developing guidelines for issuing prize competi25 tions. The General Services Administration shall develop a 
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1 contract vehicle to provide agencies access to relevant prod2 ucts and services, including technical assistance in struc3 turing and conducting prize competitions to take maximum 

4 benefit of the marketplace as they identify and pursue prize 

5 competitions to further the policy objectives of the Federal 

6 Government. 

7 ‘‘(o) COMPLIANCE WITH EXISTING LAW.— 

8 ‘‘(1) IN GENERAL.—The Federal Government 

9 shall not, by virtue of offering or providing a prize 

10 under this section, be responsible for compliance by 

11 registered participants in a prize competition with 

12 Federal law, including licensing, export control, and 

13 nonproliferation laws, and related regulations. 

14 ‘‘(2) OTHER PRIZE AUTHORITY.—Nothing in this 

15 section affects the prize authority authorized by any 

16 other provision of law. 

17 ‘‘(p) ANNUAL REPORT.— 

18 ‘‘(1) IN GENERAL.—Not later than March 1 of 

19 each year, the Director shall submit to the Committee 

20 on Commerce, Science, and Transportation of the 

21 Senate and the Committee on Science and Technology 

22 of the House of Representatives a report on the activi23 ties carried out during the preceding fiscal year 

24 under the authority in subsection (b). 
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1 ‘‘(2) INFORMATION INCLUDED.—The report for a 

2 fiscal year under this subsection shall include, for 

3 each prize competition under subsection (b), the fol4 lowing: 

5 ‘‘(A) PROPOSED GOALS.—A description of 

6 the proposed goals of each prize competition. 

7 ‘‘(B) PREFERABLE METHOD.—An analysis 

8 of why the utilization of the authority in sub9 section (b) was the preferable method of achiev10 ing the goals described in subparagraph (A) as 

11 opposed to other authorities available to the 

12 agency, such as contracts, grants, and coopera13 tive agreements. 

14 ‘‘(C) AMOUNT OF CASH PRIZES.—The total 

15 amount of cash prizes awarded for each prize 

16 competition, including a description of amount 

17 of private funds contributed to the program, the 

18 sources of such funds, and the manner in which 

19 the amounts of cash prizes awarded and claimed 

20 were allocated among the accounts of the agency 

21 for recording as obligations and expenditures. 

22 ‘‘(D) SOLICITATIONS AND EVALUATION OF

23 SUBMISSIONS.—The methods used for the solici24 tation and evaluation of submissions under each 

25 prize competition, together with an assessment of 
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1 the effectiveness of such methods and lessons 

2 learned for future prize competitions. 

3 ‘‘(E) RESOURCES.—A description of the re4 sources, including personnel and funding, used 

5 in the execution of each prize competition to6 gether with a detailed description of the activi7 ties for which such resources were used and an 

8 accounting of how funding for execution was al9 located among the accounts of the agency for re10 cording as obligations and expenditures. 

11 ‘‘(F) RESULTS.—A description of how each 

12 prize competition advanced the mission of the 

13 agency concerned.’’. 

14 (b) REPEAL OF SPACE ACT LIMITATION.—Section 

15 314(a) of the National Aeronautics and Space Act of 1958 

16 (42 U.S.C. 2459f–1 is amended by striking ‘‘The Adminis17 tration may carry out a program to award prizes only in 

18 conformity with this section.’’. 

19 TITLE II—NATIONAL AERO20 NAUTICS AND SPACE ADMIN21 ISTRATION 

22 SEC. 201. NASA’S CONTRIBUTION TO INNOVATION AND 

23 COMPETITIVENESS. 

24 It is the sense of Congress that a renewed emphasis 

25 on technology development would enhance current mission 
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1 capabilities and enable future missions, while encouraging 

2 NASA, private industry, and academia to spur innovation. 

3 NASA’s Innovative Partnership Program is a valuable 

4 mechanism to accelerate technology maturation and encour5 age the transfer of technology into the private sector. 

6 SEC. 202. NASA’S CONTRIBUTION TO EDUCATION. 

7 (a) SENSE OF CONGRESS.—It is the sense of Congress 

8 that NASA is uniquely positioned to interest students in 

9 science, technology, engineering, and mathematics, not only 

10 by the example it sets, but through its education programs. 

11 (b) EDUCATIONAL PROGRAM GOALS.—NASA shall de12 velop and maintain educational programs— 

13 (1) to carry out and support research based pro14 grams and activities designed to increase student in15 terest and participation in STEM, including students 

16 from minority and underrepresented groups; 

17 (2) to improve public literacy in STEM; 

18 (3) that employ proven strategies and methods 

19 for improving student learning and teaching in 

20 STEM; 

21 (4) to provide curriculum support materials and 

22 other resources that— 

23 (A) are designed to be integrated with com24 prehensive STEM education; 
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1 (B) are aligned with national science edu2 cation standards; 

3 (C) promote the adoption and implementa4 tion of high-quality education practices that 

5 build toward college and career-readiness; and 

6 (5) to create and support opportunities for en7 hanced and ongoing professional development for 

8 teachers using best practices that improve the STEM 

9 content and knowledge of the teachers, including 

10 through programs linking STEM teachers with 

11 STEM educators at the higher education level. 

12 SEC. 203. ASSESSMENT OF IMPEDIMENTS TO SPACE 

13 SCIENCE AND ENGINEERING WORKFORCE DE14 VELOPMENT FOR MINORITY AND UNDERREP15 RESENTED GROUPS AT NASA. 

16 (a) ASSESSMENT.—The Administrator shall enter into 

17 an arrangement for an independent assessment of any im18 pediments to space science and engineering workforce devel19 opment for minority and underrepresented groups at 

20 NASA, including recommendations on— 

21 (1) measures to address such impediments; 

22 (2) opportunities for augmenting the impact of 

23 space science and engineering workforce development 

24 activities and for expanding proven, effective pro25 grams; and 
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1 (3) best practices and lessons learned, as identi2 fied through the assessment, to help maximize the ef3 fectiveness of existing and future programs to increase 

4 the participation of minority and underrepresented 

5 groups in the space science and engineering workforce 

6 at NASA. 

7 (b) REPORT.—A report on the assessment carried out 

8 under subsection (a) shall be transmitted to the House of 

9 Representatives Committee on Science and Technology and 

10 the Senate Committee on Commerce, Science, and Trans11 portation not later than 15 months after the date of enact12 ment of this Act. 

13 (c) IMPLEMENTATION.—To the extent practicable, the 

14 Administrator shall take all necessary steps to address any 

15 impediments identified in the assessment. 

16 SEC. 204. INTERNATIONAL SPACE STATION’S CONTRIBU17 TION TO NATIONAL COMPETITIVENESS EN18 HANCEMENT. 

19 (a) SENSE OF CONGRESS.—It is the sense of the Con20 gress that the International Space Station represents a val21 uable and unique national asset which can be utilized to 

22 increase educational opportunities and scientific and tech23 nological innovation which will enhance the Nation’s eco24 nomic security and competitiveness in the global technology 

25 fields of endeavor. If the period for active utilization of the 
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1 International Space Station is extended to at least the year 

2 2020, the potential for such opportunities and innovation 

3 would be increased. Efforts should be made to fully realize 

4 that potential. 

5 (b) EVALUATION AND ASSESSMENT OF NASA’S INTER6 AGENCY CONTRIBUTION.—Pursuant to the authority pro7 vided in title II of the America COMPETES Act (Public 

8 Law 110–69), the Administrator shall evaluate and, where 

9 possible, expand efforts to maximize NASA’s contribution 

10 to interagency efforts to enhance science, technology, engi11 neering, and mathematics education capabilities, and to en12 hance the Nation’s technological excellence and global com13 petitiveness. The Administrator shall identify these en14 hancements in the annual reports required by section 

15 2001(e) of that Act (42 U.S.C. 16611a(e)). 

16 (c) REPORT TO THE CONGRESS.—Within 120 days 

17 after the date of enactment of this Act, the Administrator 

18 shall provide to the House of Representatives Committee on 

19 Science and Technology and the Senate Committee on Com20 merce, Science, and Transportation a report on the assess21 ment made pursuant to subsection (a). The report shall in22 clude— 

23 (1) a description of current and potential activi24 ties associated with utilization of the International 

25 Space Station which are supportive of the goals of 
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1 educational excellence and innovation and competi2 tive enhancement established or reaffirmed by this 

3 Act, including a summary of the goals supported, the 

4 number of individuals or organizations participating 

5 in or benefiting from such activities, and a summary 

6 of how such activities might be expanded or improved 

7 upon; 

8 (2) a description of government and private 

9 partnerships which are, or may be, established to ef10 fectively utilize the capabilities represented by the 

11 International Space Station to enhance United States 

12 competitiveness, innovation and science, technology, 

13 engineering, and mathematics education; and 

14 (3) a summary of proposed actions or activities 

15 to be undertaken to ensure the maximum utilization 

16 of the International Space Station to contribute to 

17 fulfillment of the goals and objectives of this Act, and 

18 the identification of any additional authority, assets, 

19 or funding that would be required to support such ac20 tivities. 
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1 SEC. 205. STUDY OF POTENTIAL COMMERCIAL ORBITAL 

2 PLATFORM PROGRAM IMPACT ON SCIENCE, 

3 TECHNOLOGY, ENGINEERING, AND MATHE4 MATICS. 

5 (a) IN GENERAL.—Section 1003 of the National Aero6 nautics and Space Administration Authorization Act of 

7 2010 (42 U.S.C. 18421) is amended to read as follows: 

8 ‘‘SEC. 1003. STUDY OF POTENTIAL COMMERCIAL ORBITAL 

9 PLATFORM PROGRAM IMPACT ON SCIENCE, 

10 TECHNOLOGY, ENGINEERING, AND MATHE11 MATICS. 

12 ‘‘A fundamental and unique capability of NASA is in 

13 stimulating science, technology, engineering, and mathe14 matics education in the United States. In ensuring max15 imum use of that capability, the Administrator shall carry 

16 out a study to— 

17 ‘‘(1) identify the benefits of and lessons learned 

18 from ongoing and previous NASA orbital student pro19 grams including, at a minimum, the Get Away Spe20 cial (GAS) and Earth Knowledge Acquired by Middle 

21 School Students (EarthKAM) programs, on science, 

22 technology, engineering, and mathematics education; 

23 ‘‘(2) assess the potential impacts on science, tech24 nology, engineering, and mathematics education of a 

25 program that would facilitate the development of sci26 entific and educational payloads involving United 
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1 States students and educators and the flights of those 

2 payloads on commercially available orbital platforms, 

3 when available and operational, with the goal of pro4 viding frequent and regular payload launches; 

5 ‘‘(3) identify NASA expertise, such as NASA 

6 science, engineering, payload development, and pay7 load operations, that could be made available to fa8 cilitate a science, technology, engineering, and mathe9 matics program using commercial orbital platforms; 

10 and 

11 ‘‘(4) identify the issues that would need to be ad12 dressed before NASA could properly assess the merits 

13 and feasibility of the program described in paragraph 

14 (2).’’. 

15 (c) EFFECTIVE DATE.—The amendment made by sub16 section (a) shall take effect on October 12, 2010. 

17 SEC. 206. DEFINITIONS. 

18 In this title: 

19 (1) ADMINISTRATOR.—The term ‘‘Adminis20 trator’’ means the Administrator of NASA. 

21 (2) NASA.—The term ‘‘NASA’’ means the Na22 tional Aeronautics and Space Administration. 
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1 TITLE III—NATIONAL OCEANIC 

2 AND ATMOSPHERIC ADMINIS3 TRATION 

4 SEC. 301. OCEANIC AND ATMOSPHERIC RESEARCH AND DE5 VELOPMENT PROGRAM. 

6 Section 4001 of the America COMPETES Act (33 

7 U.S.C. 893) is amended— 

8 (1) by inserting ‘‘(a) IN GENERAL.—’’ before 

9 ‘‘The Administrator’’; and 

10 (2) by adding at the end the following: 

11 ‘‘(b) OCEANIC AND ATMOSPHERIC RESEARCH AND DE12 VELOPMENT PROGRAM.—The Administrator shall imple13 ment programs and activities— 

14 ‘‘(1) to identify emerging and innovative re15 search and development priorities to enhance United 

16 States competitiveness, support development of new 

17 economic opportunities based on NOAA research, ob18 servations, monitoring modeling, and predictions that 

19 sustain ecosystem services; 

20 ‘‘(2) to promote United States leadership in oce21 anic and atmospheric science and competitiveness in 

22 the applied uses of such knowledge, including for the 

23 development and expansion of economic opportunities; 

24 and 
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1 ‘‘(3) to advance ocean, coastal, Great Lakes, and 

2 atmospheric research and development, including po3 tentially transformational research, in collaboration 

4 with other relevant Federal agencies, academic insti5 tutions, the private sector, and nongovernmental pro6 grams, consistent with NOAA’s mission to under7 stand, observe, and model the Earth’s atmosphere and 

8 biosphere, including the oceans, in an integrated 

9 manner. 

10 ‘‘(c) REPORT.—No later than 12 months after the date 

11 of enactment of the America COMPETES Reauthorization 

12 Act of 2010, the Administrator, in consultation with the 

13 National Science Foundation or other such agencies with 

14 mature transformational research portfolios, shall develop 

15 and submit a report to the Senate Committee on Commerce, 

16 Science, and Transportation and the House of Representa17 tives Committee on Science and Technology that describes 

18 NOAA’s strategy for enhancing transformational research 

19 in its research and development portfolio to increase United 

20 States competitiveness in oceanic and atmospheric science 

21 and technology. The report shall— 

22 ‘‘(1) define ‘transformational research’; 

23 ‘‘(2) identify emerging and innovative areas of 

24 research and development where transformational re25 search has the potential to make significant and revo-
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1 lutionary advancements in both understanding and 

2 U.S. science leadership; 

3 ‘‘(3) describe how transformational research pri4 orities are identified and appropriately balanced in 

5 the context of NOAA’s broader research portfolio; 

6 ‘‘(4) describe NOAA’s plan for developing a com7 petitive peer review and priority-setting process, 

8 funding mechanisms, performance and evaluation 

9 measures, and transition-to-operation guidelines for 

10 transformational research; and 

11 ‘‘(5) describe partnerships with other agencies 

12 involved in transformational research.’’. 

13 SEC. 302. OCEANIC AND ATMOSPHERIC SCIENCE EDU14 CATION PROGRAMS. 

15 Section 4002 of the America COMPETES Act (33 

16 U.S.C. 893a) is amended— 

17 (1) by striking ‘‘the agency.’’ in subsection (a) 

18 and inserting ‘‘agency, with consideration given to 

19 the goal of promoting the participation of individuals 

20 from underrepresented groups in STEM fields and in 

21 promoting the acquisition and retention of highly 

22 qualified and motivated young scientists to com23 plement and supplement workforce needs.’’; 

24 (2) by redesignating subsections (b) and (c) as 

25 subsections (c) and (d), respectively; 
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1 (3) by inserting after subsection (a) the fol2 lowing: 

3 ‘‘(b) EDUCATIONAL PROGRAM GOALS.—The education 

4 programs developed by NOAA shall, to the extent applica5 ble— 

6 ‘‘(1) carry out and support research based pro7 grams and activities designed to increase student in8 terest and participation in STEM; 

9 ‘‘(2) improve public literacy in STEM; 

10 ‘‘(3) employ proven strategies and methods for 

11 improving student learning and teaching in STEM; 

12 ‘‘(4) provide curriculum support materials and 

13 other resources that— 

14 ‘‘(A) are designed to be integrated with 

15 comprehensive STEM education; 

16 ‘‘(B) are aligned with national science edu17 cation standards; and 

18 ‘‘(C) promote the adoption and implementa19 tion of high-quality education practices that 

20 build toward college and career-readiness; and 

21 ‘‘(5) create and support opportunities for en22 hanced and ongoing professional development for 

23 teachers using best practices that improves the STEM 

24 content and knowledge of the teachers, including 
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1 through programs linking STEM teachers with 

2 STEM educators at the higher education level.’’; 

3 (4) by striking ‘‘develop’’ in subsection (c), as re4 designated, and inserting ‘‘maintain’’; and 

5 (5) by adding at the end thereof the following: 

6 ‘‘(e) STEM DEFINED.—In this section, the term 

7 ‘STEM’ means the academic and professional disciplines 

8 of science, technology, engineering, and mathematics.’’. 

9 SEC. 303. WORKFORCE STUDY. 

10 (a) IN GENERAL.—The Secretary of Commerce, in co11 operation with the Secretary of Education, shall request the 

12 National Academy of Sciences to conduct a study on the 

13 scientific workforce in the areas of oceanic and atmospheric 

14 research and development. The study shall investigate— 

15 (1) whether there is a shortage in the number of 

16 individuals with advanced degrees in oceanic and at17 mospheric sciences who have the ability to conduct 

18 high quality scientific research in physical and chem19 ical oceanography, meteorology, and atmospheric 

20 modeling, and related fields, for government, non21 profit, and private sector entities; 

22 (2) what Federal programs are available to help 

23 facilitate the education of students hoping to pursue 

24 these degrees; 
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1 (3) barriers to transitioning highly qualified oce2 anic and atmospheric scientists into Federal civil 

3 service scientist career tracks; 

4 (4) what institutions of higher education, the 

5 private sector, and the Congress could do to increase 

6 the number of individuals with such post bacca7 laureate degrees; 

8 (5) the impact of an aging Federal scientist 

9 workforce on the ability of Federal agencies to conduct 

10 high quality scientific research; and 

11 (6) what actions the Federal government can 

12 take to assist the transition of highly qualified sci13 entists into Federal career scientist positions and en14 sure that the experiences of retiring Federal scientists 

15 are adequately documented and transferred prior to 

16 retirement from Federal service. 

17 (b) COORDINATION.—The Secretary of Commerce and 

18 the Secretary of Education shall consult with the heads of 

19 other Federal agencies and departments with oceanic and 

20 atmospheric expertise or authority in preparing the speci21 fications for the study. 

22 (c) REPORT.—No later than 18 months after the date 

23 of enactment of this Act, the Secretary of Commerce and 

24 the Secretary of Education shall transmit a joint report to 

25 each committee of Congress with jurisdiction over the pro-
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1 grams described in 4002(b) of the America COMPETES 

2 Act (33 U.S.C. 893a(b)), as amended by section 302 of this 

3 Act, detailing the findings and recommendations of the 

4 study and setting forth a prioritized plan to implement the 

5 recommendations. 

6 (d) PROGRAM AND PLAN.—The Administrator of the 

7 National Oceanic and Atmospheric Administration shall 

8 evaluate the National Academy of Sciences study and de9 velop a workforce program and plan to institutionalize the 

10 Administration’s Federal science career pathways and ad11 dress aging workforce issues. The program and plan shall 

12 be developed in consultation with the Administration’s co13 operative institutes and other academic partners to identify 

14 and implement programs and mechanisms to ensure that— 

15 (1) sufficient highly qualified scientists are able 

16 to transition into Federal career scientist positions in 

17 the Administration’s laboratories and programs; and 

18 (2) the technical and management experiences of 

19 senior employees are documented and transferred be20 fore leaving Federal service. 
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1 TITLE IV—NATIONAL INSTITUTE 

2 OF STANDARDS AND TECH3 NOLOGY 

4 SEC. 401. SHORT TITLE. 

5 This title may be cited as the ‘‘National Institute of 

6 Standards and Technology Authorization Act of 2010’’. 

7 SEC. 402. AUTHORIZATION OF APPROPRIATIONS. 

8 (a) FISCAL YEAR 2011.— 

9 (1) IN GENERAL.—There are authorized to be ap10 propriated to the Secretary of Commerce 

11 $918,900,000 for the National Institute of Standards 

12 and Technology for fiscal year 2011. 

13 (2) SPECIFIC ALLOCATIONS.—Of the amount au14 thorized by paragraph (1)— 

15 (A) $584,500,000 shall be authorized for sci16 entific and technical research and services lab17 oratory activities; 

18 (B) $124,800,000 shall be authorized for the 

19 construction and maintenance of facilities; and 

20 (C) $209,600,000 shall be authorized for in21 dustrial technology services activities, of which— 

22 (i) $141,100,000 shall be authorized for 

23 the Manufacturing Extension Partnership 

24 program under sections 25 and 26 of such 

25 Act (15 U.S.C. 278k and 278l), of which not 
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1 more than $5,000,000 shall be for the com2 petitive grant program under section 25(f) 

3 of such Act; and 

4 (ii) $10,000,000 shall be authorized for 

5 the Malcolm Baldrige National Quality 

6 Award program under section 17 of the Ste7 venson-Wydler Technology Innovation Act 

8 of 1980 (15 U.S.C. 3711a). 

9 (b) FISCAL YEAR 2012.— 

10 (1) IN GENERAL.—There are authorized to be ap11 propriated to the Secretary of Commerce 

12 $970,800,000 for the National Institute of Standards 

13 and Technology for fiscal year 2012. 

14 (2) SPECIFIC ALLOCATIONS.—Of the amount au15 thorized by paragraph (1)— 

16 (A) $661,100,000 shall be authorized for sci17 entific and technical research and services lab18 oratory activities; 

19 (B) $84,900,000 shall be authorized for the 

20 construction and maintenance of facilities; and 

21 (C) $224,800,000 shall be authorized for in22 dustrial technology services activities, of which— 

23 (i) $155,100,000 shall be authorized for 

24 the Manufacturing Extension Partnership 

25 program under sections 25 and 26 of such 
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1 Act (15 U.S.C. 278k and 278l), of which not 

2 more than $5,000,000 shall be for the com3 petitive grant program under section 25(f) 

4 of such Act; and 

5 (ii) $10,300,000 shall be authorized for 

6 the Malcolm Baldrige National Quality 

7 Award program under section 17 of the Ste8 venson-Wydler Technology Innovation Act 

9 of 1980 (15 U.S.C. 3711a). 

10 (c) FISCAL YEAR 2013.— 

11 (1) IN GENERAL.—There are authorized to be ap12 propriated to the Secretary of Commerce 

13 $1,039,709,000 for the National Institute of Stand14 ards and Technology for fiscal year 2013. 

15 (2) SPECIFIC ALLOCATIONS.—Of the amount au16 thorized by paragraph (1)— 

17 (A) $676,700,000 shall be authorized for sci18 entific and technical research and services lab19 oratory activities; 

20 (B) $121,300,000 shall be authorized for the 

21 construction and maintenance of facilities; and 

22 (C) $241,709,000 shall be authorized for in23 dustrial technology services activities, of which— 

24 (i) $165,100,000 shall be authorized for 

25 the Manufacturing Extension Partnership 
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1 program under sections 25 and 26 of such 

2 Act (15 U.S.C. 278k and 278l), of which not 

3 more than $5,000,000 shall be for the com4 petitive grant program under section 25(f) 

5 of such Act; and 

6 (ii) $10,609,000 shall be authorized for 

7 the Malcolm Baldrige National Quality 

8 Award program under section 17 of the Ste9 venson-Wydler Technology Innovation Act 

10 of 1980 (15 U.S.C. 3711a). 

11 SEC. 403. UNDER SECRETARY OF COMMERCE FOR STAND12 ARDS AND TECHNOLOGY. 

13 (a) ESTABLISHMENT.—The National Institute of 

14 Standards and Technology Act is amended by inserting 

15 after section 3 the following: 

16 ‘‘SEC. 4. UNDER SECRETARY OF COMMERCE FOR STAND17 ARDS AND TECHNOLOGY. 

18 ‘‘(a) ESTABLISHMENT.—There shall be in the Depart19 ment of Commerce an Under Secretary of Commerce for 

20 Standards and Technology (in this section referred to as 

21 the ‘Under Secretary’). 

22 ‘‘(b) APPOINTMENT.—The Under Secretary shall be 

23 appointed by the President by and with the advice and con24 sent of the Senate. 
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1 ‘‘(c) COMPENSATION.—The Under Secretary shall be 

2 compensated at the rate in effect for level III of the Execu3 tive Schedule under section 5314 of title 5, United States 

4 Code. 

5 ‘‘(d) DUTIES.—The Under Secretary shall serve as the 

6 Director of the Institute and shall perform such duties as 

7 required of the Director by the Secretary under this Act 

8 or by law. 

9 ‘‘(e) APPLICABILITY.—The individual serving as the 

10 Director of the Institute on the date of enactment of the 

11 National Institute of Standards and Technology Authoriza12 tion Act of 2010 shall also serve as the Under Secretary 

13 until such time as a successor is appointed under subsection 

14 (b).’’. 

15 (b) CONFORMING AMENDMENTS.— 

16 (1) TITLE 5, UNITED STATES CODE.— 

17 (A) LEVEL III.—Section 5314 of title 5, 

18 United States Code, is amended by inserting be19 fore the item ‘‘Associate Attorney General’’ the 

20 following: 

21 ‘‘Under Secretary of Commerce for Standards 

22 and Technology, who also serves as Director of the 

23 National Institute of Standards and Technology.’’. 

24 (B) LEVEL IV.—Section 5315 of title 5, 

25 United States Code, is amended by striking ‘‘Di-
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1 rector, National Institute of Standards and 

2 Technology, Department of Commerce.’’. 

3 (2) NATIONAL INSTITUTE OF STANDARDS AND

4 TECHNOLOGY ACT.—Section 5 of the National Insti5 tute of Standards and Technology Act (15 U.S.C. 

6 274) is amended by striking the first, fifth, and sixth 

7 sentences. 

8 SEC. 404. MANUFACTURING EXTENSION PARTNERSHIP. 

9 (a) COMMUNITY COLLEGE SUPPORT.—Section 25(a) of 

10 the National Institute of Standards and Technology Act (15 

11 U.S.C. 278k(a)) is amended— 

12 (1) by striking ‘‘and’’ after the semicolon in 

13 paragraph (4); 

14 (2) by striking ‘‘Institute.’’ in paragraph (5) 

15 and inserting ‘‘Institute; and’’; and 

16 (3) by adding at the end the following: 

17 ‘‘(6) providing to community colleges informa18 tion about the job skills needed in small- and me19 dium-sized manufacturing businesses in the regions 

20 they serve.’’. 

21 (b) INNOVATIVE SERVICES INITIATIVE.—Section 25 of 

22 such Act (15 U.S.C. 278k) is amended by adding at the 

23 end the following: 

24 ‘‘(g) INNOVATIVE SERVICES INITIATIVE.— 
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1 ‘‘(1) ESTABLISHMENT.—The Director shall estab2 lish, within the Centers program under this section, 

3 an innovative services initiative to assist small- and 

4 medium-sized manufacturers in— 

5 ‘‘(A) reducing their energy usage, green6 house gas emissions, and environmental waste to 

7 improve profitability; 

8 ‘‘(B) accelerating the domestic commer9 cialization of new product technologies, includ10 ing components for renewable energy and energy 

11 efficiency systems; and 

12 ‘‘(C) identification of and diversification to 

13 new markets, including support for transitioning 

14 to the production of components for renewable 

15 energy and energy efficiency systems. 

16 ‘‘(2) MARKET DEMAND.—The Director may not 

17 undertake any activity to accelerate the domestic com18 mercialization of a new product technology under this 

19 subsection unless an analysis of market demand for 

20 the new product technology has been conducted.’’. 

21 (c) REPORTS.—Section 25 of such Act (15 U.S.C. 

22 278k), as amended by subsection (b), is further amended 

23 by adding at the end the following: 

24 ‘‘(h) REPORTS.— 
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1 ‘‘(1) IN GENERAL.—In submitting the 3-year 

2 programmatic planning document and annual up3 dates under section 23, the Director shall include an 

4 assessment of the Director’s governance of the pro5 gram established under this section. 

6 ‘‘(2) CRITERIA.—In conducting the assessment, 

7 the Director shall use the criteria established pursu8 ant to the Malcolm Baldrige National Quality Award 

9 under section 17(d)(1)(C) of the Stevenson-Wydler 

10 Technology Innovation Act of 1980 (15 U.S.C. 

11 3711a(d)(1)(C)).’’. 

12 (d) HOLLINGS MANUFACTURING EXTENSION PART13 NERSHIP PROGRAM COST-SHARING.—Section 25(c) of such 

14 Act (15 U.S.C. 278k(c)) is amended by adding at the end 

15 the following: 

16 ‘‘(7) Not later than 90 days after the date of en17 actment of the National Institute of Standards and 

18 Technology Authorization Act of 2010, the Comp19 troller General shall submit to Congress a report on 

20 the cost share requirements under the program. The 

21 report shall— 

22 ‘‘(A) discuss various cost share structures, 

23 including the cost share structure in place prior 

24 to such date of enactment, and the effect of such 
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1 cost share structures on individual Centers and 

2 the overall program; and 

3 ‘‘(B) include recommendations for how best 

4 to structure the cost share requirement to provide 

5 for the long-term sustainability of the program.’’. 

6 ‘‘(8) If consistent with the recommendations in 

7 the report transmitted to Congress under paragraph 

8 (7), the Secretary shall alter the cost structure re9 quirements specified under paragraph (3)(B) and (5) 

10 provided that the modification does not increase the 

11 cost share structure in place before the date of enact12 ment of the America COMPETES Reauthorization 

13 Act of 2010, or allow the Secretary to provide a Cen14 ter more than 50 percent of the costs incurred by that 

15 Center.’’. 

16 (e) ADVISORY BOARD.—Section 25(e)(4) of such Act 

17 (15 U.S.C. 278k(e)(4)) is amended to read as follows: 

18 ‘‘(4) FEDERAL ADVISORY COMMITTEE ACT APPLI19 CABILITY.— 

20 ‘‘(A) IN GENERAL.—In discharging its du21 ties under this subsection, the MEP Advisory 

22 Board shall function solely in an advisory ca23 pacity, in accordance with the Federal Advisory 

24 Committee Act. 
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1 ‘‘(B) EXCEPTION.—Section 14 of the Fed2 eral Advisory Committee Act shall not apply to 

3 the MEP Advisory Board.’. 

4 (f) DESIGNATION OF PROGRAM.— 

5 (1) IN GENERAL.—Section 25 of the National In6 stitute of Standards and Technology Act (15 U.S.C. 

7 278k), as amended by subsection (c), is further 

8 amended by adding at the end the following: 

9 ‘‘(i) DESIGNATION.— 

10 ‘‘(1) HOLLINGS MANUFACTURING EXTENSION

11 PARTNERSHIP.—The program under this section shall 

12 be known as the ‘Hollings Manufacturing Extension 

13 Partnership’. 

14 ‘‘(2) HOLLINGS MANUFACTURING EXTENSION

15 CENTERS.—The Regional Centers for the Transfer of 

16 Manufacturing Technology created and supported 

17 under subsection (a) shall be known as the ‘Hollings 

18 Manufacturing Extension Centers’ (in this Act re19 ferred to as the ‘Centers’).’’. 

20 (2) CONFORMING AMENDMENT TO CONSOLIDATED

21 APPROPRIATIONS ACT, 2005.—Division B of title II of 

22 the Consolidated Appropriations Act, 2005 (Public 

23 Law 108–447; 118 Stat. 2879; 15 U.S.C. 278k note) 

24 is amended under the heading ‘‘INDUSTRIAL TECH25 NOLOGY SERVICES’’ by striking ‘‘2007: Provided fur-
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1 ther, That’’ and all that follows through ‘‘Extension 

2 Centers.’’ and inserting ‘‘2007.’’. 

3 (3) TECHNICAL AMENDMENTS.— 

4 (A) Section 25(a) of the National Institute 

5 of Standards and Technology Act (15 U.S.C. 

6 278k(a)) is amended in the matter preceding 

7 paragraph (1) by striking ‘‘Regional Centers for 

8 the Transfer of Manufacturing Technology’’ and 

9 inserting ‘‘regional centers for the transfer of 

10 manufacturing technology’’. 

11 (B) Section 25 of such Act (15 U.S.C. 

12 278k), as amended by subsection (f), is further 

13 amended by adding at the end the following: 

14 ‘‘(j) COMMUNITY COLLEGE DEFINED.—In this section, 

15 the term ‘community college’ means an institution of higher 

16 education (as defined under section 101(a) of the Higher 

17 Education Act of 1965 (20 U.S.C. 1001(a))) at which the 

18 highest degree that is predominately awarded to students 

19 is an associate’s degree.’’. 

20 (h) EVALUATION OF OBSTACLES UNIQUE TO SMALL

21 MANUFACTURERS.—Section 25 of such Act (15 U.S.C. 

22 278k), as amended by subsection (g), is further amended 

23 by adding at the end the following: 

24 ‘‘(k) EVALUATION OF OBSTACLES UNIQUE TO SMALL

25 MANUFACTURERS.—The Director shall— 
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1 ‘‘(1) evaluate obstacles that are unique to small 

2 manufacturers that prevent such manufacturers from 

3 effectively competing in the global market; 

4 ‘‘(2) implement a comprehensive plan to train 

5 the Centers to address such obstacles; and 

6 ‘‘(3) facilitate improved communication between 

7 the Centers to assist such manufacturers in imple8 menting appropriate, targeted solutions to such obsta9 cles.’’. 

10 (i) NIST ACT AMENDMENT.—Section 25(f)(3) of the 

11 National Institute of Standards and Technology Act (15 

12 U.S.C. 278k(f)(3)) is amended by striking ‘‘Director of the 

13 Centers program,’’ and inserting ‘‘Director of the Hollings 

14 MEP program,’’. 

15 SEC. 405. EMERGENCY COMMUNICATION AND TRACKING 

16 TECHNOLOGIES RESEARCH INITIATIVE. 

17 (a) ESTABLISHMENT.—The Director shall establish a 

18 research initiative to support the development of emergency 

19 communication and tracking technologies for use in locat20 ing trapped individuals in confined spaces, such as under21 ground mines, and other shielded environments, such as 

22 high-rise buildings or collapsed structures, where conven23 tional radio communication is limited. 
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1 (b) ACTIVITIES.—In order to carry out this section, the 

2 Director shall work with the private sector and appropriate 

3 Federal agencies to— 

4 (1) perform a needs assessment to identify and 

5 evaluate the measurement, technical standards, and 

6 conformity assessment needs required to improve the 

7 operation and reliability of such emergency commu8 nication and tracking technologies; 

9 (2) support the development of technical stand10 ards and conformance architecture to improve the op11 eration and reliability of such emergency communica12 tion and tracking technologies; and 

13 (3) incorporate and build upon existing reports 

14 and studies on improving emergency communications. 

15 (c) REPORT.—Not later than 18 months after the date 

16 of enactment of this Act, the Director shall submit to Con17 gress and make publicly available a report describing the 

18 assessment performed under subsection (b)(1) and making 

19 recommendations about research priorities to address gaps 

20 in the measurement, technical standards, and conformity 

21 assessment needs identified by the assessment. 

22 SEC. 406. BROADENING PARTICIPATION. 

23 (a) RESEARCH FELLOWSHIPS.—Section 18 of the Na24 tional Institute of Standards and Technology Act (15 
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1 U.S.C. 278g–1) is amended by adding at the end the fol2 lowing: 

3 ‘‘(c) UNDERREPRESENTED MINORITIES.—In evalu4 ating applications for fellowships under this section, the Di5 rector shall give consideration to the goal of promoting the 

6 participation of underrepresented minorities in research 

7 areas supported by the Institute.’’. 

8 (b) POSTDOCTORAL FELLOWSHIP PROGRAM.—Section 

9 19 of such Act (15 U.S.C. 278g–2) is amended by adding 

10 at the end the following: ‘‘In evaluating applications for 

11 fellowships under this section, the Director shall give consid12 eration to the goal of promoting the participation of under13 represented minorities in research areas supported by the 

14 Institute.’’. 

15 (c) TEACHER DEVELOPMENT.—Section 19A(c) of such 

16 Act (15 U.S.C. 278g–2a(c)) is amended by adding at the 

17 end the following: ‘‘The Director shall give special consider18 ation to an application from a teacher from a high-need 

19 school, as defined in section 200 of the Higher Education 

20 Act of 1965 (20 U.S.C. 1021).’’. 

21 SEC. 407. NIST FELLOWSHIPS. 

22 (a) POST-DOCTORAL FELLOWSHIP PROGRAM.—Sec23 tion 19 of the National Institute of Standards and Tech24 nology Act (15 U.S.C. 278g–2) is amended by striking ‘‘, 

25 in conjunction with the National Academy of Sciences,’’. 
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1 (b) RESEARCH FELLOWSHIPS.—Section 18(a) of that 

2 Act (15 USC 278g–1(a)) is amended by striking ‘‘up to 1.5 

3 percent of the’’. 

4 (c) COMMERCE, SCIENCE, AND TECHNOLOGY FELLOW5 SHIP PROGRAM.—Section 5163(d) of the Omnibus Trade 

6 and Competition Act of 1988 (15 U.S.C. 1533) is repealed. 

7 SEC. 408. GREEN MANUFACTURING AND CONSTRUCTION. 

8 The Director shall carry out a green manufacturing 

9 and construction initiative— 

10 (1) to develop accurate sustainability metrics 

11 and practices for use in manufacturing; 

12 (2) to advance the development of standards, in13 cluding high performance green building standards, 

14 and the creation of an information infrastructure to 

15 communicate sustainability information about sup16 pliers; and 

17 (3) to move buildings toward becoming high per18 formance green buildings, including improving energy 

19 performance, service life, and indoor air quality of 

20 new and retrofitted buildings through validated meas21 urement data. 

22 SEC. 409. DEFINITIONS. 

23 In this title: 
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1 (1) DIRECTOR.—The term ‘‘Director’’ means the 

2 Director of the National Institute of Standards and 

3 Technology. 

4 (2) FEDERAL AGENCY.—The term ‘‘Federal agen5 cy’’ has the meaning given such term in section 4 of 

6 the Stevenson-Wydler Technology Innovation Act of 

7 1980 (15 U.S.C. 3703). 

8 (3) HIGH PERFORMANCE GREEN BUILDING.—The 

9 term ‘‘high performance green building’’ has the 

10 meaning given that term by section 401(13) of the 

11 Energy Independence and Security Act of 2009 (42 

12 U.S.C. 17061(13)). 

13 TITLE V—SCIENCE, TECH14 NOLOGY, ENGINEERING, AND 

15 MATHEMATICS SUPPORT PRO16 GRAMS 

17 SUBTITLE A—NATIONAL 

18 SCIENCE FOUNDATION 

19 SEC. 501. SHORT TITLE. 

20 This subtitle may be cited as the ‘‘National Science 

21 Foundation Authorization Act of 2010’’. 

22 SEC. 502. DEFINITIONS. 

23 In this subtitle: 

24 (1) DIRECTOR.—The term ‘‘Director’’ means the 

25 Director of the National Science Foundation. 
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1 (2) EPSCOR.—The term ‘‘EPSCoR’’ means the 

2 Experimental Program to Stimulate Competitive Re3 search. 

4 (3) FOUNDATION.—The term ‘‘Foundation’’ 

5 means the National Science Foundation established 

6 under section 2 of the National Science Foundation 

7 Act of 1950 (42 U.S.C. 1861). 

8 (4) INSTITUTION OF HIGHER EDUCATION.—The 

9 term ‘‘institution of higher education’’ has the mean10 ing given such term in section 101(a) of the Higher 

11 Education Act of 1965 (20 U.S.C. 1001(a)). 

12 (5) STATE.—The term ‘‘State’’ means one of the 

13 several States, the District of Columbia, the Common14 wealth of Puerto Rico, the Virgin Islands, Guam, 

15 American Samoa, the Commonwealth of the Northern 

16 Mariana Islands, or any other territory or possession 

17 of the United States. 

18 (6) UNITED STATES.—The term ‘‘United States’’ 

19 means the several States, the District of Columbia, the 

20 Commonwealth of Puerto Rico, the Virgin Islands, 

21 Guam, American Samoa, the Commonwealth of the 

22 Northern Mariana Islands, and any other territory or 

23 possession of the United States. 

24 SEC. 503. AUTHORIZATION OF APPROPRIATIONS. 

25 (a) FISCAL YEAR 2011.— 
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1 (1) IN GENERAL.—There are authorized to be ap2 propriated to the Foundation $7,424,400,000 for fis3 cal year 2011. 

4 (2) SPECIFIC ALLOCATIONS.—Of the amount au5 thorized by paragraph (1)— 

6 (A) $5,974,782,000 shall be made available 

7 to carry research and related activities; 

8 (B) $937,850,000 shall be made available 

9 for education and human resources; 

10 (C) $164,744,000 shall be made available 

11 for major research equipment and facilities con12 struction; 

13 (D) $327,503,000 shall be made available 

14 for agency operations and award management; 

15 (E) $4,803,000 shall be made available for 

16 the Office of the National Science Board; and 

17 (F) $14,718,000 shall be made available for 

18 the Office of Inspector General. 

19 (b) FISCAL YEAR 2012.— 

20 (1) IN GENERAL.—There are authorized to be ap21 propriated to the Foundation $7,800,000,000 for fis22 cal year 2012. 

23 (2) SPECIFIC ALLOCATIONS.—Of the amount au24 thorized by paragraph (1)— 
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1 (A) $6,234,281,000 shall be made available 

2 to carry research and related activities; 

3 (B) $978,959,000 shall be made available 

4 for education and human resources; 

5 (C) $225,544,000 shall be made available 

6 for major research equipment and facilities con7 struction; 

8 (D) $341,676,000 shall be made available 

9 for agency operations and award management; 

10 (E) $4,808,000 shall be made available for 

11 the Office of the National Science Board; and 

12 (F) $14,732,000 shall be made available for 

13 the Office of Inspector General. 

14 (c) FISCAL YEAR 2013.— 

15 (1) IN GENERAL.—There are authorized to be ap16 propriated to the Foundation $8,300,000,000 for fis17 cal year 2013. 

18 (2) SPECIFIC ALLOCATIONS.—Of the amount au19 thorized by paragraph (1)— 

20 (A) $6,637,849,000 shall be made available 

21 to carry research and related activities; 

22 (B) $1,041,762,000 shall be made available 

23 for education and human resources; 
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1 (C) $236,764,000 shall be made available 

2 for major research equipment and facilities con3 struction; 

4 (D) $363,670,000 shall be made available 

5 for agency operations and award management; 

6 (E) $4,906,000 shall be made available for 

7 the Office of the National Science Board; and 

8 (F) $15,049,000 shall be made available for 

9 the Office of Inspector General. 

10 SEC. 504. NATIONAL SCIENCE BOARD ADMINISTRATIVE 

11 AMENDMENTS. 

12 (a) STAFFING AT THE NATIONAL SCIENCE BOARD.— 

13 Section 4(g) of the National Science Foundation Act of 

14 1950 (42 U.S.C. 1863(g)) is amended by striking ‘‘not more 

15 than 5’’. 

16 (b) NATIONAL SCIENCE BOARD REPORTS.—Section 

17 4(j)(2) of the National Science Foundation Act of 1950 (42 

18 U.S.C. 1863(j)(2)) is amended by inserting ‘‘within the au19 thority of the Foundation (or otherwise as requested by the 

20 Congress or the President)’’ after ‘‘individual policy mat21 ters’’. 

22 (c) BOARD ADHERENCE TO SUNSHINE ACT.—Section 

23 15(a)(2) of the National Science Foundation Authorization 

24 Act of 2002 (42 U.S.C. 1862n–5(a)(2)) is amended— 
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1 (1) by striking ‘‘The Board’’ and inserting ‘‘To 

2 ensure transparency of the Board’s entire decision3 making process, including deliberations on Board 

4 business occurring within its various subdivisions, the 

5 Board’’; and 

6 (2) by adding at the end the following: ‘‘The pre7 ceding requirement will apply to meetings of the full 

8 Board, whenever a quorum is present; and to meet9 ings of its subdivisions, whenever a quorum of the 

10 subdivision is present.’’. 

11 SEC. 505. NATIONAL CENTER FOR SCIENCE AND ENGINEER12 ING STATISTICS. 

13 (a) ESTABLISHMENT.—There is established within the 

14 Foundation a National Center for Science and Engineering 

15 Statistics that shall serve as a central Federal clearinghouse 

16 for the collection, interpretation, analysis, and dissemina17 tion of objective data on science, engineering, technology, 

18 and research and development. 

19 (b) DUTIES.—In carrying out subsection (a) of this 

20 section, the Director, acting through the Center shall— 

21 (1) collect, acquire, analyze, report, and dissemi22 nate statistical data related to the science and engi23 neering enterprise in the United States and other na24 tions that is relevant and useful to practitioners, re-
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1 searchers, policymakers, and the public, including 

2 statistical data on— 

3 (A) research and development trends; 

4 (B) the science and engineering workforce; 

5 (C) United States competitiveness in 

6 science, engineering, technology, and research 

7 and development; and 

8 (D) the condition and progress of United 

9 States STEM education; 

10 (2) support research using the data it collects, 

11 and on methodologies in areas related to the work of 

12 the Center; and 

13 (3) support the education and training of re14 searchers in the use of large-scale, nationally rep15 resentative data sets. 

16 (c) STATISTICAL REPORTS.—The Director or the Na17 tional Science Board, acting through the Center, shall issue 

18 regular, and as necessary, special statistical reports on top19 ics related to the national and international science and 

20 engineering enterprise such as the biennial report required 

21 by section 4(j)(1) of the National Science Foundation Act 

22 of 1950 (42 U.S.C. 1863(j)(1)) on indicators of the state 

23 of science and engineering in the United States. 
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1 SEC. 506. NATIONAL SCIENCE FOUNDATION MANUFAC2 TURING RESEARCH AND EDUCATION. 

3 (a) MANUFACTURING RESEARCH.—The Director shall 

4 carry out a program to award merit-reviewed, competitive 

5 grants to institutions of higher education to support funda6 mental research leading to transformative advances in 

7 manufacturing technologies, processes, and enterprises that 

8 will support United States manufacturing through im9 proved performance, productivity, sustainability, and com10 petitiveness. Research areas may include— 

11 (1) nanomanufacturing; 

12 (2) manufacturing and construction machines 

13 and equipment, including robotics, automation, and 

14 other intelligent systems; 

15 (3) manufacturing enterprise systems; 

16 (4) advanced sensing and control techniques; 

17 (5) materials processing; and 

18 (6) information technologies for manufacturing, 

19 including predictive and real-time models and sim20 ulations, and virtual manufacturing. 

21 (b) MANUFACTURING EDUCATION.—In order to help 

22 ensure a well-trained manufacturing workforce, the Direc23 tor shall award grants to strengthen and expand scientific 

24 and technical education and training in advanced manu25 facturing, including through the Foundation’s Advanced 

26 Technological Education program. 
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1 SEC. 507. NATIONAL SCIENCE BOARD REPORT ON MID2 SCALE INSTRUMENTATION. 

3 (a) MID-SCALE RESEARCH INSTRUMENTATION

4 NEEDS.—The National Science Board shall evaluate the 

5 needs, across all disciplines supported by the Foundation, 

6 for mid-scale research instrumentation that falls between 

7 the instruments funded by the Major Research Instrumenta8 tion program and the very large projects funded by the 

9 Major Research Equipment and Facilities Construction 

10 program. 

11 (b) REPORT ON MID-SCALE RESEARCH INSTRUMENTA12 TION PROGRAM.—Not later than 1 year after the date of 

13 enactment of this Act, the National Science Board shall sub14 mit to Congress a report on mid-scale research instrumenta15 tion at the Foundation. At a minimum, this report shall 

16 include— 

17 (1) the findings from the Board’s evaluation of 

18 instrumentation needs required under subsection (a), 

19 including a description of differences across dis20 ciplines and Foundation research directorates; 

21 (2) a recommendation or recommendations re22 garding how the Foundation should set priorities for 

23 mid-scale instrumentation across disciplines and 

24 Foundation research directorates; 

25 (3) a recommendation or recommendations re26 garding the appropriateness of expanding existing 
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1 programs, including the Major Research Instrumenta2 tion program or the Major Research Equipment and 

3 Facilities Construction program, to support more in4 strumentation at the mid-scale; 

5 (4) a recommendation or recommendations re6 garding the need for and appropriateness of a new, 

7 Foundation-wide program or initiative in support of 

8 mid-scale instrumentation, including any rec9 ommendations regarding the administration of and 

10 budget for such a program or initiative and the ap11 propriate scope of instruments to be funded under 

12 such a program or initiative; and 

13 (5) any recommendation or recommendations re14 garding other options for supporting mid-scale re15 search instrumentation at the Foundation. 

16 SEC. 508. PARTNERSHIPS FOR INNOVATION. 

17 (a) IN GENERAL.—The Director shall carry out a pro18 gram to award merit-reviewed, competitive grants to insti19 tutions of higher education to establish and to expand part20 nerships that promote innovation and increase the impact 

21 of research by developing tools and resources to connect new 

22 scientific discoveries to practical uses. 

23 (b) PARTNERSHIPS.— 
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1 (1) IN GENERAL.—To be eligible for funding 

2 under this section, an institution of higher education 

3 must propose establishment of a partnership that— 

4 (A) includes at least one private sector enti5 ty; and 

6 (B) may include other institutions of higher 

7 education, public sector institutions, private sec8 tor entities, and nonprofit organizations. 

9 (2) PRIORITY.—In selecting grant recipients 

10 under this section, the Director shall give priority to 

11 partnerships that include one or more institutions of 

12 higher education and at least one of the following: 

13 (A) A minority serving institution. 

14 (B) A primarily undergraduate institution. 

15 (C) A 2-year institution of higher edu16 cation. 

17 (c) PROGRAM.—Proposals funded under this section 

18 shall seek— 

19 (1) to increase the impact of the most promising 

20 research at the institution or institutions of higher 

21 education that are members of the partnership 

22 through knowledge transfer or commercialization; 

23 (2) to increase the engagement of faculty and 

24 students across multiple disciplines and departments, 

25 including faculty and students in schools of business 
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1 and other appropriate non-STEM fields and dis2 ciplines in knowledge transfer activities; 

3 (3) to enhance education and mentoring of stu4 dents and faculty in innovation and entrepreneurship 

5 through networks, courses, and development of best 

6 practices and curricula; 

7 (4) to strengthen the culture of the institution or 

8 institutions of higher education to undertake and par9 ticipate in activities related to innovation and lead10 ing to economic or social impact; 

11 (5) to broaden the participation of all types of 

12 institutions of higher education in activities to meet 

13 STEM workforce needs and promote innovation and 

14 knowledge transfer; and 

15 (6) to build lasting partnerships with local and 

16 regional businesses, local and State governments, and 

17 other relevant entities. 

18 (d) ADDITIONAL CRITERIA.—In selecting grant recipi19 ents under this section, the Director shall also consider the 

20 extent to which the applicants are able to demonstrate evi21 dence of institutional support for, and commitment to— 

22 (1) achieving the goals of the program as de23 scribed in subsection (c); 
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1 (2) expansion to an institution-wide program if 

2 the initial proposal is not for an institution-wide 

3 program; and 

4 (3) sustaining any new innovation tools and re5 sources generated from funding under this program. 

6 (e) LIMITATION.—No funds provided under this section 

7 may be used to construct or renovate a building or struc8 ture. 

9 SEC. 509. SUSTAINABLE CHEMISTRY BASIC RESEARCH. 

10 The Director shall establish a Green Chemistry Basic 

11 Research program to award competitive, merit-based grants 

12 to support research into green and sustainable chemistry 

13 which will lead to clean, safe, and economical alternatives 

14 to traditional chemical products and practices. The research 

15 program shall provide sustained support for green chem16 istry research, education, and technology transfer through— 

17 (1) merit-reviewed competitive grants to indi18 vidual investigators and teams of investigators, in19 cluding, to the extent practicable, young investigators, 

20 for research; 

21 (2) grants to fund collaborative research partner22 ships among universities, industry, and nonprofit or23 ganizations; 
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1 (3) symposia, forums, and conferences to increase 

2 outreach, collaboration, and dissemination of green 

3 chemistry advances and practices; and 

4 (4) education, training, and retraining of under5 graduate and graduate students and professional 

6 chemists and chemical engineers, including through 

7 partnerships with industry, in green chemistry 

8 science and engineering. 

9 SEC. 510. GRADUATE STUDENT SUPPORT. 

10 (a) FINDING.—The Congress finds that— 

11 (1) the Integrative Graduate Education and Re12 search Traineeship program is an important program 

13 for training the next generation of scientists and engi14 neers in team-based interdisciplinary research and 

15 problem solving, and for providing them with the 

16 many additional skills, such as communication skills, 

17 needed to thrive in diverse STEM careers; and 

18 (2) the Integrative Graduate Education and Re19 search Traineeship program is no less valuable to the 

20 preparation and support of graduate students than 

21 the Foundation’s Graduate Research Fellowship pro22 gram. 

23 (b) EQUAL TREATMENT OF IGERT AND GRF.—Be24 ginning in fiscal year 2011, the Director shall increase or, 

25 if necessary, decrease funding for the Foundation’s Integra-
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1 tive Graduate Education and Research Traineeship pro2 gram (or any program by which it is replaced) at least 

3 at the same rate as it increases or decreases funding for 

4 the Graduate Research Fellowship program. 

5 (c) SUPPORT FOR GRADUATE STUDENT RESEARCH

6 FROM THE RESEARCH ACCOUNT.—For each of the fiscal 

7 years 2011 through 2013, at least 50 percent of the total 

8 Foundation funds allocated to the Integrative Graduate 

9 Education and Research Traineeship program and the 

10 Graduate Research Fellowship program shall come from 

11 funds appropriated for Research and Related Activities. 

12 (d) COST OF EDUCATION ALLOWANCE FOR GRF PRO13 GRAM.—Section 10 of the National Science Foundation Act 

14 of 1950 (42 U.S.C. 1869) is amended— 

15 (1) by inserting ‘‘(a) IN GENERAL.—’’ before 

16 ‘‘The Foundation is authorized’’; and 

17 (2) by adding at the end the following: 

18 ‘‘(b) AMOUNT.—The Director shall establish for each 

19 year the amount to be awarded for scholarships and fellow20 ships under this section for that year. Each such scholarship 

21 and fellowship shall include a cost of education allowance 

22 of $12,000, subject to any restrictions on the use of cost of 

23 education allowance as determined by the Director.’’. 
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1 SEC. 511. ROBERT NOYCE TEACHER SCHOLARSHIP PRO2 GRAM. 

3 (a) MATCHING REQUIREMENT.—Section 10A(h)(1) of 

4 the National Science Foundation Authorization Act of 2002 

5 (42 U.S.C. 1862n–1a(h)(1)) is amended to read as follows: 

6 ‘‘(1) IN GENERAL.—An eligible entity receiving a 

7 grant under this section shall provide, from non-Fed8 eral sources, to carry out the activities supported by 

9 the grant— 

10 ‘‘(A) in the case of grants in an amount of 

11 less than $1,500,000, an amount equal to at least 

12 30 percent of the amount of the grant, at least 

13 one half of which shall be in cash; and 

14 ‘‘(B) in the case of grants in an amount of 

15 $1,500,000 or more, an amount equal to at least 

16 50 percent of the amount of the grant, at least 

17 one half of which shall be in cash.’’. 

18 (b) RETIRING STEM PROFESSIONALS.—Section 

19 10A(a)(2)(A) of the National Science Foundation Author20 ization Act of 2002 (42 U.S.C. 1862n–1a(a)(2)(A)) is 

21 amended by inserting ‘‘including retiring professionals in 

22 those fields,’’ after ‘‘mathematics professionals,’’. 

23 SEC. 512 UNDERGRADUATE BROADENING PARTICIPATION 

24 PROGRAM. 

25 The Foundation shall continue to support the Histori26 cally Black Colleges and Universities Undergraduate Pro-
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1 gram, the Louis Stokes Alliances for Minority Participation 

2 program, the Tribal Colleges and Universities Program, 

3 and Hispanic-serving institutions as separate programs. 

4 SEC. 513. RESEARCH EXPERIENCES FOR HIGH SCHOOL STU5 DENTS. 

6 The Director shall permit specialized STEM high 

7 schools conducting research to participate in major data 

8 collection initiatives from universities, corporations, or gov9 ernment labs under a research grant from the Foundation, 

10 as part of the research proposal. 

11 SEC. 514. RESEARCH EXPERIENCES FOR UNDERGRADU12 ATES. 

13 (a) RESEARCH SITES.—The Director shall award 

14 grants, on a merit-reviewed, competitive basis, to institu15 tions of higher education, nonprofit organizations, or con16 sortia of such institutions and organizations, for sites des17 ignated by the Director to provide research experiences for 

18 6 or more undergraduate STEM students for sites des19 ignated at primarily undergraduate institutions of higher 

20 education and 10 or more undergraduate STEM students 

21 for all other sites, with consideration given to the goal of 

22 promoting the participation of individuals identified in 

23 section 33 or 34 of the Science and Engineering Equal Op24 portunities Act (42 U.S.C. 1885a or 1885b). The Director 

25 shall ensure that— 
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1 (1) at least half of the students participating in 

2 a program funded by a grant under this subsection 

3 at each site shall be recruited from institutions of 

4 higher education where research opportunities in 

5 STEM are limited, including 2-year institutions; 

6 (2) the awards provide undergraduate research 

7 experiences in a wide range of STEM disciplines; 

8 (3) the awards support a variety of projects, in9 cluding independent investigator-led projects, inter10 disciplinary projects, and multi-institutional projects 

11 (including virtual projects); 

12 (4) students participating in each program fund13 ed have mentors, including during the academic year 

14 to the extent practicable, to help connect the students’ 

15 research experiences to the overall academic course of 

16 study and to help students achieve success in courses 

17 of study leading to a baccalaureate degree in a STEM 

18 field; 

19 (5) mentors and students are supported with ap20 propriate salary or stipends; and 

21 (6) student participants are tracked, for employ22 ment and continued matriculation in STEM fields, 

23 through receipt of the undergraduate degree and for at 

24 least 3 years thereafter. 
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1 (b) INCLUSION OF UNDERGRADUATES IN STANDARD

2 RESEARCH GRANTS.—The Director shall require that every 

3 recipient of a research grant from the Foundation pro4 posing to include 1 or more students enrolled in certificate, 

5 associate, or baccalaureate degree programs in carrying out 

6 the research under the grant shall request support, includ7 ing stipend support, for such undergraduate students as 

8 part of the research proposal itself rather than as a supple9 ment to the research proposal, unless such undergraduate 

10 participation was not foreseeable at the time of the original 

11 proposal. 

12 SEC. 515. STEM INDUSTRY INTERNSHIP PROGRAMS. 

13 (a) IN GENERAL.—The Director may award grants, 

14 on a competitive, merit-reviewed basis, to institutions of 

15 higher education, or consortia thereof, to establish or expand 

16 partnerships with local or regional private sector entities, 

17 for the purpose of providing undergraduate students with 

18 integrated internship experiences that connect private sector 

19 internship experiences with the students’ STEM 

20 coursework. The partnerships may also include industry or 

21 professional associations. 

22 (b) INTERNSHIP PROGRAM.—The grants awarded 

23 under section (a) may include internship programs in the 

24 manufacturing sector. 
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1 (c) USE OF GRANT FUNDS.—Grants under this section 

2 may be used— 

3 (1) to develop and implement hands-on learning 

4 opportunities; 

5 (2) to develop curricula and instructional mate6 rials related to industry, including the manufacturing 

7 sector; 

8 (3) to perform outreach to secondary schools; 

9 (4) to develop mentorship programs for students 

10 with partner organizations; and 

11 (5) to conduct activities to support awareness of 

12 career opportunities and skill requirements. 

13 (d) PRIORITY.—In awarding grants under this section, 

14 the Director shall give priority to institutions of higher edu15 cation or consortia thereof that demonstrate significant out16 reach to and coordination with local or regional private 

17 sector entities and Regional Centers for the Transfer of 

18 Manufacturing Technology established by section 25(a) of 

19 the National Institute of Standards and Technology Act (15 

20 U.S.C. 278k(a)) in developing academic courses designed to 

21 provide students with the skills or certifications necessary 

22 for employment in local or regional companies. 

23 (c) OUTREACH TO RURAL COMMUNITIES.—The Foun24 dation shall conduct outreach to institutions of higher edu25 cation and private sector entities in rural areas to encour-
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1 age those entities to participate in partnerships under this 

2 section. 

3 (d) COST-SHARE.—The Director shall require a 50 

4 percent non-Federal cost-share from partnerships estab5 lished or expanded under this section. 

6 (e) RESTRICTION.—No Federal funds provided under 

7 this section may be used— 

8 (1) for the purpose of providing stipends or com9 pensation to students for private sector internships 

10 unless private sector entities match 75 percent of such 

11 funding; or 

12 (2) as payment or reimbursement to private sec13 tor entities, except for institutions of higher edu14 cation. 

15 (f) REPORT.—Not less than 3 years after the date of 

16 enactment of this Act, the Director shall submit a report 

17 to Congress on the number and total value of awards made 

18 under this section, the number of students affected by those 

19 awards, any evidence of the effect of those awards on work20 force preparation and jobs placement for participating stu21 dents, and an economic and ethnic breakdown of the par22 ticipating students. 
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1 SEC. 516. CYBER-ENABLED LEARNING FOR NATIONAL CHAL2 LENGES. 

3 The Director shall, in consultation with appropriate 

4 Federal agencies, identify ways to use cyber-enabled learn5 ing to create an innovative STEM workforce and to help 

6 retrain and retain our existing STEM workforce to address 

7 national challenges, including national security and com8 petitiveness, and use technology to enhance or supplement 

9 laboratory based learning. 

10 SEC. 517. EXPERIMENTAL PROGRAM TO STIMULATE COM11 PETITIVE RESEARCH. 

12 (a) FINDINGS.—The Congress finds that— 

13 (1) The National Science Foundation Act of 

14 1950 stated, ‘‘it shall be an objective of the Founda15 tion to strengthen research and education in the 

16 sciences and engineering, including independent re17 search by individuals, throughout the United States, 

18 and to avoid undue concentration of such research 

19 and education,’’; 

20 (2) National Science Foundation funding re21 mains highly concentrated, with 27 States and 2 ju22 risdictions, taken together, receiving only about 10 

23 percent of all NSF research funding; each of these 

24 States received only a fraction of one percent of Foun25 dation’s research dollars each year; 
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1 (3) the Nation requires the talent, expertise, and 

2 research capabilities of all States in order to prepare 

3 sufficient numbers of scientists and engineers, remain 

4 globally competitive and support economic develop5 ment. 

6 (b) CONTINUATION OF PROGRAM.—The Director shall 

7 continue to carry out EPSCoR, with the objective of helping 

8 the eligible States to develop the research infrastructure that 

9 will make them more competitive for Foundation and other 

10 Federal research funding. The program shall continue to 

11 increase as the National Science Foundation funding in12 creases. 

13 (c) CONGRESSIONAL REPORTS.—The Director shall re14 port to the appropriate committees of Congress on an an15 nual basis, using the most recent available data— 

16 (1) the total amount made available, by State, 

17 under EPSCoR; 

18 (2) the amount of co-funding made available to 

19 EPSCoR States; 

20 (3) the total amount of National Science Foun21 dation funding made available to all institutions and 

22 entities within EPSCoR States; and 

23 (4) efforts and accomplishments to more fully in24 tegrate the 29 EPSCoR jurisdictions in major activi25 ties and initiatives of the Foundation. 
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1 (d) COORDINATION OF EPSCOR AND SIMILAR FED2 ERAL PROGRAMS.— 

3 (1) ANOTHER FINDING.—The Congress finds that 

4 a number of Federal agencies have programs, such as 

5 Experimental Programs to Stimulate Competitive Re6 search and the National Institutes of Health Institu7 tional Development Award program, designed to in8 crease the capacity for and quality of science and 

9 technology research and training at academic institu10 tions in States that historically have received rel11 atively little Federal research and development fund12 ing. 

13 (2) COORDINATION REQUIRED.—The EPSCoR 

14 Interagency Coordinating Committee, chaired by the 

15 National Science Foundation, shall— 

16 (A) coordinate EPSCoR and Federal 

17 EPSCoR-like programs to maximize the impact 

18 of Federal support for building competitive re19 search infrastructure, and in order to achieve an 

20 integrated Federal effort; 

21 (B) coordinate agency objectives with State 

22 and institutional goals, to obtain continued non23 Federal support of science and technology re24 search and training; 
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1 (C) develop metrics to assess gains in aca2 demic research quality and competitiveness, and 

3 in science and technology human resource devel4 opment; 

5 (D) conduct a cross-agency evaluation of 

6 EPSCoR and other Federal EPSCoR-like pro7 grams and accomplishments, including manage8 ment, investment, and metric-measuring strate9 gies implemented by the different agencies aimed 

10 to increase the number of new investigators re11 ceiving peer-reviewed funding, broaden partici12 pation, and empower knowledge generation, dis13 semination, application, and national research 

14 and development competitiveness; 

15 (E) coordinate the development and imple16 mentation of new, novel workshops, outreach ac17 tivities, and follow-up mentoring activities 

18 among EPSCoR or EPSCoR-like programs for 

19 colleges and universities in EPSCoR States and 

20 territories in order to increase the number of 

21 proposals submitted and successfully funded and 

22 to enhance statewide coordination of EPSCoR 

23 and Federal EPSCoR-like programs; 

24 (F) coordinate the development of new, in25 novative solicitations and programs to facilitate 
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1 collaborations, partnerships, and mentoring ac2 tivities among faculty at all levels in non3 EPSCoR and EPSCoR States and jurisdictions; 

4 (G) conduct an evaluation of the roles, re5 sponsibilities and degree of autonomy that pro6 gram officers or managers (or the equivalent po7 sition) have in executing EPSCoR programs at 

8 the different Federal agencies and the impacts 

9 these differences have on the number of EPSCoR 

10 State and jurisdiction faculty participating in 

11 the peer review process and the percentage of suc12 cessful awards by individual EPSCoR State ju13 risdiction and individual researcher; and 

14 (H) conduct a survey of colleges and univer15 sity faculty at all levels regarding their knowl16 edge and understanding of EPSCoR, and their 

17 level of interaction with and knowledge about 

18 their respective State or Jurisdictional EPSCoR 

19 Committee. 

20 (3) MEETINGS AND REPORTS.—The Committee 

21 shall meet at least twice each fiscal year and shall 

22 submit an annual report to the appropriate commit23 tees of Congress describing progress made in carrying 

24 out paragraph (2). 
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1 (e) FEDERAL AGENCY REPORTS.—Each Federal agen2 cy that administers an EPSCoR or Federal EPSCoR-like 

3 program shall submit to the OSTP as part of its Federal 

4 budget submission— 

5 (1) a description of the program strategy and ob6 jectives; 

7 (2) a description of the awards made in the pre8 vious year, including— 

9 (A) the percentage of reviewers and number 

10 of new reviewers from EPSCoR States; 

11 (B) the percentage of new investigators from 

12 EPSCoR States; 

13 (C) the number of programs or large col14 laborator awards involving a partnership of or15 ganizations and institutions from EPSCoR and 

16 non-EPSCoR States; and 

17 (3) an analysis of the gains in academic research 

18 quality and competitiveness, and in science and tech19 nology human resource development, achieved by the 

20 program in the last year. 

21 (f) NATIONAL ACADEMY OF SCIENCES STUDY.— 

22 (1) IN GENERAL.—The Director shall contract 

23 with the National Academy of Sciences to conduct a 

24 study on all Federal agencies that administer an Ex25 perimental Program to Stimulate Competitive Re-
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1 search or a program similar to the Experimental Pro2 gram to Stimulate Competitive Research. 

3 (2) MATTERS TO BE ADDRESSED.—The study 

4 conducted under paragraph (1) shall include the fol5 lowing: 

6 (A) A delineation of the policies of each 

7 Federal agency with respect to the awarding of 

8 grants to EPSCoR States. 

9 (B) The effectiveness of each program. 

10 (C) Recommendations for improvements for 

11 each agency to achieve EPSCoR goals. 

12 (D) An assessment of the effectiveness of 

13 EPSCoR States in using awards to develop 

14 science and engineering research and education, 

15 and science and engineering infrastructure with16 in their States. 

17 (E) Such other issues that address the effec18 tiveness of EPSCoR as the National Academy of 

19 Sciences considers appropriate. 

20 SEC. 518. SENSE OF THE CONGRESS REGARDING THE 

21 SCIENCE, TECHNOLOGY, ENGINEERING, AND 

22 MATHEMATICS TALENT EXPANSION PRO23 GRAM. 

24 It is the sense of the Congress that— 
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1 (1) the Science, Technology, Engineering, and 

2 Mathematics Talent Expansion Program established 

3 by the National Science Foundation Authorization 

4 Act of 2002 continues to be an effective program to 

5 increase the number of students, who are citizens or 

6 permanent residents of the United States, receiving 

7 associate or baccalaureate degrees in established or 

8 emerging fields within science, technology, engineer9 ing, and mathematics, and its authorization con10 tinues; 

11 (2) the strategies employed continue to strength12 en mentoring and tutoring between faculty and stu13 dents and provide students with information and ex14 posure to potential career pathways in science, tech15 nology, engineering, and mathematics areas; 

16 (3) this highly competitive program awarded 145 

17 Program implementation awards and 12 research 

18 projects in the first 6 years of operations; and 

19 (4) the Science, Technology, Engineering, and 

20 Mathematics Talent Expansion Program should con21 tinue to be supported by the National Science Foun22 dation. 
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1 SEC. 519. SENSE OF THE CONGRESS REGARDING THE NA2 TIONAL SCIENCE FOUNDATION’S CONTRIBU3 TIONS TO BASIC RESEARCH AND EDUCATION. 

4 (a) FINDINGS.—The Congress finds that— 

5 (1) the National Science Foundation is an inde6 pendent Federal agency created by Congress in 1950 

7 to, among other things, promote the progress of 

8 science, to advance the national health, prosperity, 

9 and welfare, and to secure the national defense; 

10 (2) the Foundation is the funding source for ap11 proximately 20 percent of all federally supported 

12 basic research conducted by America’s colleges and 

13 universities, and is the major source of Federal back14 ing for mathematics, computer science and other 

15 sciences; 

16 (3) the America COMPETES Act of 2007 helped 

17 rejuvenate our focus on increasing basic research in18 vestment in the physical sciences, strengthening edu19 cational opportunities in the science, technology, engi20 neering, and mathematics fields and developing a ro21 bust innovation infrastructure; and 

22 (4) reauthorization of the America COMPETES 

23 Act should continue a robust investment in basic re24 search and education and preserve the essence of the 

25 original Act by increasing the investment focus on 
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1 science, technology, engineering, and mathematics 

2 basic research and education as a national priority. 

3 (b) SENSE OF THE CONGRESS.—It is the sense of the 

4 Congress that— 

5 (1) the National Science Foundation is the finest 

6 scientific foundation in the world, and is a vital 

7 agency that must support basic research needed to ad8 vance the United States into the 21st century; 

9 (2) the National Science Foundation should 

10 focus Federal research and development resources pri11 marily in the areas of science, technology, engineer12 ing, and mathematics basic research and education; 

13 and 

14 (3) the National Science Foundation should 

15 strive to ensure that federally-supported research is of 

16 the finest quality, is ground breaking, and answers 

17 questions or solves problems that are of utmost impor18 tance to society at large. 

19 SEC. 520. ACADEMIC TECHNOLOGY TRANSFER AND COM20 MERCIALIZATION OF UNIVERSITY RESEARCH. 

21 (a) IN GENERAL.—Any institution of higher education 

22 (as such term is defined in section 101(A) of the Higher 

23 Education Act of 1965 (20 U.S.C. 1001(a))) that receives 

24 National Science Foundation research support and has re25 ceived at least $25,000,000 in total Federal research grants 
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1 in the most recent fiscal year shall keep, maintain, and re2 port annually to the National Science Foundation the uni3 versal record locator for a public website that contains in4 formation concerning its general approach to and mecha5 nisms for transfer of technology and the commercialization 

6 of research results, including— 

7 (1) contact information for individuals and uni8 versity offices responsible for technology transfer and 

9 commercialization; 

10 (2) information for both university researchers 

11 and industry on the institution’s technology licensing 

12 and commercialization strategies; 

13 (3) success stories, statistics, and examples of 

14 how the university supports commercialization of re15 search results; 

16 (4) technologies available for licensing by the 

17 university where appropriate; and 

18 (5) any other information deemed by the institu19 tion to be helpful to companies with the potential to 

20 commercialize university inventions. 

21 (b) NSF WEBSITE.—The National Science Foundation 

22 shall create and maintain a website accessible to the public 

23 that links to each website mentioned under (a). 

24 (c) TRADE SECRET INFORMATION.—Notwithstanding 

25 subsection (a), an institution shall not be required to reveal 
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1 confidential, trade secret, or proprietary information on its 

2 website. 

3 SEC. 521. STUDY TO DEVELOP IMPROVED IMPACT-ON-SOCI4 ETY METRICS. 

5 (a) IN GENERAL.—Within 180 days after the date of 

6 enactment of this Act, the Director of the National Science 

7 Foundation shall contract with the National Academy of 

8 Sciences to initiate a study to evaluate, develop, or improve 

9 metrics for measuring the potential impact-on-society, in10 cluding— 

11 (1) the potential for commercial applications of 

12 research studies funded in whole or in part by grants 

13 of financial assistance from the Foundation or other 

14 Federal agencies; 

15 (2) the manner in which research conducted at, 

16 and individuals graduating from, an institution of 

17 higher education contribute to the development of new 

18 intellectual property and the success of commercial 

19 activities; 

20 (3) the quality of relevant scientific and inter21 national publications; and 

22 (4) the ability of such institutions to attract ex23 ternal research funding. 

24 (b) REPORT.—Within 1 year after initiating the study 

25 required by subsection (a), the Director shall submit a re-
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1 port to the Senate Committee on Commerce, Science, and 

2 Transportation and the House of Representatives Com3 mittee on Science and Technology setting forth the Direc4 tor’s findings, conclusions, and recommendations. 

5 SEC. 522. NSF GRANTS IN SUPPORT OF SPONSORED POST6 DOCTORAL FELLOWSHIP PROGRAMS. 

7 The Director of the National Science Foundation may 

8 utilize funds appropriated to carry out grants to institu9 tions of higher education (as such term is defined in section 

10 101(a) of the Higher Education Act of 1965 (20 U.S.C. 

11 1001(a))) to provide financial support for post-graduate re12 search in fields with potential commercial applications to 

13 match, in whole or in part, any private sector grant of fi14 nancial assistance to any post-doctoral program in such a 

15 field of study. 

16 SEC. 523. COLLABORATION IN PLANNING FOR STEWARD17 SHIP OF LARGE-SCALE FACILITIES. 

18 It is the sense of Congress that— 

19 (1) the Foundation should, in its planning for 

20 construction and stewardship of large facilities, co21 ordinate and collaborate with other Federal agencies, 

22 including the Department of Energy’s Office of 

23 Science, to ensure that joint investments may be made 

24 when practicable; 
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1 (2) in particular, the Foundation should ensure 

2 that it responds to recommendations by the National 

3 Academy of Sciences and working groups convened by 

4 the National Science and Technology Council regard5 ing such facilities and opportunities for partnership 

6 with other agencies in the design and construction of 

7 such facilities; and 

8 (3) for facilities in which research in multiple 

9 disciplines will be possible, the Director should in10 clude multiple units within the Foundation during 

11 the planning process. 

12 SEC. 524. CLOUD COMPUTING RESEARCH ENHANCEMENT. 

13 (a) RESEARCH FOCUS AREA.—The Director may sup14 port a national research agenda in key areas affected by 

15 the increased use of public and private cloud computing, 

16 including— 

17 (1) new approaches, techniques, technologies, and 

18 tools for— 

19 (A) optimizing the effectiveness and effi20 ciency of cloud computing environments; and 

21 (B) mitigating security, identity, privacy, 

22 reliability, and manageability risks in cloud23 based environments, including as they differ 

24 from traditional data centers; 
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1 (2) new algorithms and technologies to define, 

2 assess, and establish large-scale, trustworthy, cloud3 based infrastructures; 

4 (3) models and advanced technologies to meas5 ure, assess, report, and understand the performance, 

6 reliability, energy consumption, and other character7 istics of complex cloud environments; and 

8 (4) advanced security technologies to protect sen9 sitive or proprietary information in global-scale cloud 

10 environments. 

11 (b) ESTABLISHMENT.— 

12 (1) IN GENERAL.—Not later than 60 days after 

13 the date of enactment of this Act, the Director shall 

14 initiate a review and assessment of cloud computing 

15 research opportunities and challenges, including re16 search areas listed in subsection (a), as well as related 

17 issues such as— 

18 (A) the management and assurance of data 

19 that are the subject of Federal laws and regula20 tions in cloud computing environments, which 

21 laws and regulations exist on the date of enact22 ment of this Act; 

23 (B) misappropriation of cloud services, pi24 racy through cloud technologies, and other 

25 threats to the integrity of cloud services; 
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1 (C) areas of advanced technology needed to 

2 enable trusted communications, processing, and 

3 storage; and 

4 (D) other areas of focus determined appro5 priate by the Director. 

6 (2) UNSOLICITED PROPOSALS.—The Director 

7 may accept unsolicited proposals that review and as8 sess the issues described in paragraph (1). The pro9 posals may be judged according to existing criteria of 

10 the National Science Foundation. 

11 (c) REPORT.—The Director shall provide an annual 

12 report for not less than 5 consecutive years to Congress on 

13 the outcomes of National Science Foundation investments 

14 in cloud computing research, recommendations for research 

15 focus and program improvements, or other related rec16 ommendations. The reports, including any interim findings 

17 or recommendations, shall be made publicly available on 

18 the website of the National Science Foundation. 

19 (d) NIST SUPPORT.—The Director of the National In20 stitute of Standards and Technology shall— 

21 (1) collaborate with industry in the development 

22 of standards supporting trusted cloud computing in23 frastructures, metrics, interoperability, and assur24 ance; and 
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1 (2) support standards development with the in2 tent of supporting common goals. 

3 SEC. 525. TRIBAL COLLEGES AND UNIVERSITIES PROGRAM. 

4 (a) IN GENERAL.—The Director shall continue to sup5 port a program to award grants on a competitive, merit6 reviewed basis to tribal colleges and universities (as defined 

7 in section 316 of the Higher Education Act of 1965 (20 

8 U.S.C. 1059c), including institutions described in section 

9 317 of such Act (20 U.S.C. 1059d), to enhance the quality 

10 of undergraduate STEM education at such institutions and 

11 to increase the retention and graduation rates of Native 

12 American students pursuing associate’s or baccalaureate de13 grees in STEM. 

14 (b) PROGRAM COMPONENTS.—Grants awarded under 

15 this section shall support— 

16 (1) activities to improve courses and curriculum 

17 in STEM; 

18 (2) faculty development; 

19 (3) stipends for undergraduate students partici20 pating in research; and 

21 (4) other activities consistent with subsection (a), 

22 as determined by the Director. 

23 (c) INSTRUMENTATION.—Funding provided under this 

24 section may be used for laboratory equipment and mate25 rials. 
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1 SEC. 526. BROADER IMPACTS REVIEW CRITERION. 

2 (a) GOALS.—The Foundation shall apply a Broader 

3 Impacts Review Criterion to achieve the following goals: 

4 (1) Increased economic competitiveness of the 

5 United States. 

6 (2) Development of a globally competitive STEM 

7 workforce. 

8 (3) Increased participation of women and under9 represented minorities in STEM. 

10 (4) Increased partnerships between academia 

11 and industry. 

12 (5) Improved pre-K–12 STEM education and 

13 teacher development. 

14 (6) Improved undergraduate STEM education. 

15 (7) Increased public scientific literacy. 

16 (8) Increased national security. 

17 (b) POLICY.—Not later than 6 months after the date 

18 of enactment of this Act, the Director shall develop and im19 plement a policy for the Broader Impacts Review Criterion 

20 that— 

21 (1) provides for educating professional staff at 

22 the Foundation, merit review panels, and applicants 

23 for Foundation research grants on the policy devel24 oped under this subsection; 
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1 (2) clarifies that the activities of grant recipients 

2 undertaken to satisfy the Broader Impacts Review 

3 Criterion shall— 

4 (A) to the extent practicable employ proven 

5 strategies and models and draw on existing pro6 grams and activities; and 

7 (B) when novel approaches are justified, 

8 build on the most current research results; 

9 (3) allows for some portion of funds allocated to 

10 broader impacts under a research grant to be used for 

11 assessment and evaluation of the broader impacts ac12 tivity; 

13 (4) encourages institutions of higher education 

14 and other nonprofit education or research organiza15 tions to develop and provide, either as individual in16 stitutions or in partnerships thereof, appropriate 

17 training and programs to assist Foundation-funded 

18 principal investigators at their institutions in achiev19 ing the goals of the Broader Impacts Review Criterion 

20 as described in subsection (a); and 

21 (5) requires principal investigators applying for 

22 Foundation research grants to provide evidence of in23 stitutional support for the portion of the investigator’s 

24 proposal designed to satisfy the Broader Impacts Re25 view Criterion, including evidence of relevant train-
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1 ing, programs, and other institutional resources 

2 available to the investigator from either their home 

3 institution or organization or another institution or 

4 organization with relevant expertise. 

5 SEC. 527. TWENTY-FIRST CENTURY GRADUATE EDUCATION. 

6 (a) IN GENERAL.—The Director shall award grants, 

7 on a competitive, merit-reviewed basis, to institutions of 

8 higher education to implement or expand research-based re9 forms in master’s and doctoral level STEM education that 

10 emphasize preparation for diverse careers utilizing STEM 

11 degrees, including at diverse types of institutions of higher 

12 education, in industry, and at government agencies and re13 search laboratories. 

14 (b) USES OF FUNDS.—Activities supported by grants 

15 under this section may include— 

16 (1) creation of multidisciplinary or interdiscipli17 nary courses or programs for the purpose of improved 

18 student instruction and research in STEM; 

19 (2) expansion of graduate STEM research oppor20 tunities to include interdisciplinary research opportu21 nities and research opportunities in industry, at Fed22 eral laboratories, and at international research insti23 tutions or research sites; 

24 (3) development and implementation of future 

25 faculty training programs focused on improved in-
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1 struction, mentoring, assessment of student learning, 

2 and support of undergraduate STEM students; 

3 (4) support and training for graduate students 

4 to participate in instructional activities beyond the 

5 traditional teaching assistantship, and especially as 

6 part of ongoing educational reform efforts, including 

7 at pre-K–12 schools, and primarily undergraduate 

8 institutions; 

9 (5) creation, improvement, or expansion of inno10 vative graduate programs such as science master’s de11 gree programs; 

12 (6) development and implementation of semi13 nars, workshops, and other professional development 

14 activities that increase the ability of graduate stu15 dents to engage in innovation, technology transfer, 

16 and entrepreneurship; 

17 (7) development and implementation of semi18 nars, workshops, and other professional development 

19 activities that increase the ability of graduate stu20 dents to effectively communicate their research find21 ings to technical audiences outside of their own dis22 cipline and to nontechnical audiences; 

23 (8) expansion of successful STEM reform efforts 

24 beyond a single academic unit to other STEM aca-
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1 demic units within an institution or to comparable 

2 academic units at other institutions; and 

3 (9) research on teaching and learning of STEM 

4 at the graduate level related to the proposed reform ef5 fort, including assessment and evaluation of the pro6 posed reform activities and research on scalability 

7 and sustainability of approaches to reform. 

8 (c) PARTNERSHIP.—An institution of higher education 

9 may partner with one or more other nonprofit education 

10 or research organizations, including scientific and engineer11 ing societies, for the purposes of carrying out the activities 

12 authorized under this section. 

13 (d) SELECTION PROCESS.— 

14 (1) APPLICATIONS.—An institution of higher 

15 education seeking a grant under this section shall 

16 submit an application to the Director at such time, 

17 in such manner, and containing such information as 

18 the Director may require. The application shall in19 clude, at a minimum— 

20 (A) a description of the proposed reform ef21 fort; 

22 (B) in the case of applications that propose 

23 an expansion of a previously implemented re24 form effort at the applicant’s institution or at 
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1 other institutions, a description of the previously 

2 implemented reform effort; 

3 (C) evidence of institutional support for, 

4 and commitment to, the proposed reform effort, 

5 including long-term commitment to implement 

6 successful strategies from the current reform ef7 fort beyond the academic unit or units included 

8 in the grant proposal or to disseminate successful 

9 strategies to other institutions; and 

10 (D) a description of the plans for assess11 ment and evaluation of the grant proposed re12 form activities. 

13 (2) REVIEW OF APPLICATIONS.—In selecting 

14 grant recipients under this section, the Director shall 

15 consider at a minimum— 

16 (A) the likelihood of success in undertaking 

17 the proposed effort at the institution submitting 

18 the application, including the extent to which the 

19 faculty, staff, and administrators of the institu20 tion are committed to making the proposed insti21 tutional reform a priority of the participating 

22 academic unit or units; 

23 (B) the degree to which the proposed reform 

24 will contribute to change in institutional culture 

25 and policy such that a greater value is placed on 
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1 preparing graduate students for diverse careers 

2 utilizing STEM degrees; 

3 (C) the likelihood that the institution will 

4 sustain or expand the reform beyond the period 

5 of the grant; and 

6 (D) the degree to which scholarly assessment 

7 and evaluation plans are included in the design 

8 of the reform effort. 

9 SUBTITLE B—STEM-TRAINING 

10 GRANT PROGRAM 

11 SEC. 551. PURPOSE. 

12 The purpose of this subtitle is to replicate and imple13 ment programs at institutions of higher education that pro14 vide integrated courses of study in science, technology, engi15 neering, or mathematics, and teacher education, that lead 

16 to a baccalaureate degree in science, technology, engineer17 ing, or mathematics with concurrent teacher certification. 

18 SEC. 552. PROGRAM REQUIREMENTS. 

19 The Director shall replicate and implement under20 graduate degree programs under this subtitle that— 

21 (1) are designed to recruit and prepare students 

22 who pursue a baccalaureate degree in science, tech23 nology, engineering, or mathematics to become cer24 tified as elementary and secondary teachers; 
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1 (2) require the education department (or its 

2 equivalent) and the departments or division respon3 sible for preparation of science, technology, engineer4 ing, and mathematics majors at an institution of 

5 higher education to collaborate in establishing and 

6 implementing the program at that institution; 

7 (3) require students participating in the pro8 gram to enter the program through a field-based 

9 course and to continue to complete field-based courses 

10 supervised by master teachers throughout the pro11 gram; 

12 (4) hire sufficient teachers so that the ratio of 

13 students to master teachers in the program does not 

14 exceed 100 to 1; 

15 (5) include instruction in the use of scientif16 ically-based instructional materials and methods, as17 sessments, pedagogical content knowledge (including 

18 the interaction between mathematics and science), the 

19 use of instructional technology, and how to incor20 porate State and local standards into the classroom 

21 curriculum; 

22 (6) restrict to students participating in the pro23 gram those courses that are specifically designed for 

24 the needs of teachers of science, technology, engineer25 ing, and mathematics; and 
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1 (7) require students participating in the pro2 gram to successfully complete a final evaluation of 

3 their teaching proficiency, based on their classroom 

4 teaching performance, conducted by multiple trained 

5 observers, and a portfolio of their accomplishments. 

6 SEC. 553. GRANT PROGRAM. 

7 (a) IN GENERAL.—The Director shall establish a grant 

8 program to support programs at institutions of higher edu9 cation to carry out the purpose of this subtitle. 

10 (b) GEOGRAPHICAL CONSIDERATIONS.—In the admin11 istration of this subtitle, the Director shall take such steps 

12 as may be necessary to ensure that grants are equitably dis13 tributed across all regions of the United States, taking into 

14 account population density and other geographic and demo15 graphic considerations. 

16 (c) AMOUNT OF GRANT.—Subject to the requirements 

17 of subsection (d), the Director may award grants annually 

18 on a competitive basis to institutions of higher education 

19 in the amount of $2,000,000, per institution of which— 

20 (1) $1,500,000 shall be used— 

21 (A) to design, implement, and evaluate a 

22 program that meets the requirements of section 

23 552; 

24 (B) to employ master teachers at the insti25 tution to oversee field experiences; 
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1 (C) to provide a stipend to mentor teachers 

2 participating in the program; and 

3 (D) to support curriculum development and 

4 implementation strategies for science, technology, 

5 engineering, and mathematics content courses 

6 taught through the program; and 

7 (2) up to $500,000 shall be set aside by the 

8 grantee for technical support and evaluation services 

9 from the institution whose programs will be rep10 licated. 

11 (d) ELIGIBILITY.—To be eligible to apply for a grant 

12 under this section, an institution of higher education 

13 shall— 

14 (1) include former secondary school science, tech15 nology, engineering, or mathematics master teachers 

16 as faculty in its science department for this program; 

17 (2) grant terminal degrees in science, technology, 

18 engineering, and mathematics; and 

19 (3) have a process to be used in establishing 

20 partnerships with local educational agencies for 

21 placement of participating students in their field ex22 periences, including a process for identifying mentor 

23 teachers working in local schools to supervise class24 room field experiences in cooperation with university25 based master teachers; 
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1 (4) maintain policies allowing flexible entry to 

2 the program throughout the undergraduate 

3 coursework; 

4 (5) require that master teachers employed by the 

5 institution will supervise field experiences of students 

6 in the program; 

7 (6) require that the program complies with State 

8 certification or licensing requirements and the re9 quirements under section 9101(23) of the Elementary 

10 and Secondary Education Act of 1965 (20 U.S.C. 

11 7801(23)) for highly qualified teachers; 

12 (7) develop during the course of the grant a plan 

13 for long-term support and assessment of its graduates, 

14 which shall include— 

15 (A) induction support for graduates in their 

16 first one to two years of teaching; 

17 (B) systems to determine the teaching status 

18 of graduates and thereby determine retention 

19 rates; and 

20 (C) methods to analyze the achievement of 

21 students taught by graduates, and methods to 

22 analyze classroom practices of graduates; and 

23 (8) be able upon completion of the grant at the 

24 end of 5 years to fund essential program costs, includ-
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1 ing salaries of master teachers and other necessary 

2 personnel, from recurring university budgets. 

3 (e) APPLICATION REQUIREMENTS.—An institution of 

4 higher education seeking a grant under the program shall 

5 submit an application to the Director in such form, at such 

6 time, and containing such information and assurances as 

7 the Director may require, including— 

8 (1) a description of the current rate at which in9 dividuals majoring in science, technology, engineer10 ing, and mathematics become certified as elementary 

11 and secondary teachers; 

12 (2) a description for the institution’s plan for 

13 increasing the numbers of students enrolled in and 

14 graduating from the program supported under this 

15 subtitle; 

16 (3) a description of the institution’s capacity to 

17 develop a program in which individuals majoring in 

18 science, technology, engineering, and mathematics can 

19 become certified as elementary and secondary teach20 ers; 

21 (4) identification of the organizational unit 

22 within the department or division of arts and sciences 

23 or the science department at the institution that will 

24 adopt teacher certification for elementary and sec25 ondary teachers as its primary mission; 
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1 (5) identification of core faculty within the de2 partment or division of arts and sciences or the 

3 science department at the institution to champion 

4 teacher preparation in their departments by teaching 

5 courses dedicated to preparing future elementary and 

6 secondary school teachers, helping create new degree 

7 plans, advising prospective students within their 

8 major, and assisting as needed with program admin9 istration; 

10 (6) identification of core faculty in the education 

11 department or its equivalent at the institution to 

12 champion teacher preparation by creating and teach13 ing courses specific to the preparation of science, tech14 nology, engineering, and mathematics and working 

15 closely with colleagues in the department or division 

16 of arts and sciences or the science department; and 

17 (7) a description of involving practical, field18 based experience in teaching and degree plans ena19 bling students to graduate in 4 years with a major 

20 in science, technology, engineering, or mathematics 

21 and elementary or secondary school teacher certifi22 cation. 

23 (f) MATCHING REQUIREMENT.—An institution of 

24 higher education may not receive a grant under this section 

25 unless it provides, from non-federal sources, to carry out 
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1 the activities supported by the grant, an amount that is 

2 not less than— 

3 (1) 35 percent of the amount of the grant for the 

4 first fiscal year of the grant; 

5 (2) 55 percent of the amount of the grant for the 

6 second and third fiscal years of the grant; and 

7 (3) 75 percent of the amount of the grant for the 

8 fourth and fifth fiscal years of the grant. 

9 (g) GUIDANCE.—Within 90 days after the date of en10 actment of this Act, the Director shall initiate a proceeding 

11 to promulgate guidance for the administration of the grant 

12 program established under subsection (a). 

13 SEC. 554. GRANT OVERSIGHT AND ADMINISTRATION. 

14 (a) IN GENERAL.—The Director may execute a con15 tract for program oversight and fiscal management with an 

16 organization at an institution of higher education, a non17 profit organization, or other entity that demonstrates ca18 pacity for and experience in— 

19 (1) replicating 1 or more similar programs at 

20 regional or national levels; 

21 (2) providing programmatic and technical im22 plementation assistance for the program; 

23 (3) performing data collection and analysis to 

24 ensure proper implementation and continuous pro25 gram improvement; and 
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1 (4) providing accountability for results by 

2 measuring and monitoring achievement of pro3 grammatic milestones. 

4 (b) OVERSIGHT RESPONSIBILITIES.— 

5 (1) MANDATORY DUTIES.—If the Director exe6 cutes a contract under subsection (a) with an organi7 zation for program oversight and fiscal management, 

8 the organization shall— 

9 (A) ensure that a grant recipient faithfully 

10 replicates and implements the program or pro11 grams for which the grant is awarded; 

12 (B) ensure that grant funds are used for the 

13 purposes authorized and that a grant recipient 

14 has a system in place to track and account for 

15 all Federal grant funds provided; 

16 (C) provide technical assistance to grant re17 cipients; 

18 (D) collect and analyze data and report to 

19 the Director annually on the effects of the pro20 gram on— 

21 (i) the progress of participating stu22 dents in achieving teaching competence and 

23 teaching certification; 

24 (ii) the participation of students in the 

25 program by major, compared with local and 
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1 State needs on secondary teachers by dis2 cipline; and 

3 (iii) the participation of students in 

4 the program by demographic subgroup; 

5 (E) collect and analyze data and report to 

6 the Director annually on the effects of the pro7 gram on the academic achievement of elementary 

8 and secondary school students taught by grad9 uates of programs funded by grants under this 

10 subtitle; and 

11 (F) submit an annual report to the Director 

12 demonstrating compliance with the requirements 

13 of subparagraphs (A) through (E). 

14 (2) DISCRETIONARY DUTIES.—At the request of 

15 the Director, the organization under contract under 

16 subsection (a) may assist the Director in evaluating 

17 grant applications. 

18 (c) REPORTS TO CONGRESS.—The Director shall sub19 mit a copy of the annual report required by subsection 

20 (b)(1)(F) to the Senate Committee on Commerce, Science, 

21 and Transportation, the Senate Committee on Health, Edu22 cation, Labor, and Pensions, the House of Representatives 

23 Committee on Science and Technology, and the House of 

24 Representatives Committee on Education and Labor. 
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1 SEC. 555. DEFINITIONS. 

2 In this subtitle: 

3 (1) FIELD-BASED COURSE.—The term ‘‘field4 based course’’ means a course of instruction offered by 

5 an institution of higher education that includes a re6 quirement that students teach a minimum of 3 lessons 

7 or sequences of lessons to elementary or secondary stu8 dents. 

9 (2) INSTITUTION OF HIGHER EDUCATION.—The 

10 term ‘‘institution of higher education’’ has the mean11 ing given that term by section 101 of the Higher Edu12 cation Act of 1965 (20 U.S.C. 1001). 

13 (3) MASTER TEACHER.—The term ‘‘master 

14 teacher’’ means an individual— 

15 (A) who has been awarded a master’s or 

16 doctoral degree by an institution of higher edu17 cation; 

18 (B) whose graduate coursework included 

19 courses in mathematics, science, computer 

20 science, or engineering; 

21 (C) who has at least 3 years teaching expe22 rience in K–12 settings; and 

23 (D) whose teaching has been recognized for 

24 exceptional accomplishments in educating stu25 dents, or is demonstrated to have resulted in im26 proved student achievement. 
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1 (4) MENTOR TEACHER.—The term ‘‘mentor 

2 teacher’’ means an elementary or secondary school 

3 classroom teacher who assists with the training of stu4 dents participating in a field-based course. 

5 (5) DIRECTOR.—The term ‘‘Director’’ means the 

6 Director of the National Science Foundation. 

7 SEC. 556. AUTHORIZATION OF APPROPRIATIONS. 

8 There are authorized to be appropriated to the Director 

9 to carry out this subtitle $10,000,000 for each of fiscal years 

10 2011 through 2013. 

11 TITLE VI—INNOVATION 

12 SEC. 601. OFFICE OF INNOVATION AND ENTREPRENEUR13 SHIP. 

14 The Stevenson-Wydler Technology Innovation Act of 

15 1980 (15 U.S.C. 3701 et seq.), as amended by section 106 

16 of this Act, is amended by adding at the end the following: 

17 ‘‘SEC. 25. OFFICE OF INNOVATION AND ENTREPRENEUR18 SHIP. 

19 ‘‘(a) IN GENERAL.—The Secretary shall establish an 

20 Office of Innovation and Entrepreneurship to foster innova21 tion and the commercialization of new technologies, prod22 ucts, processes, and services with the goal of promoting pro23 ductivity and economic growth in the United States. 

24 ‘‘(b) DUTIES.—The Office of Innovation and Entrepre25 neurship shall be responsible for— 
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1 ‘‘(1) developing policies to accelerate innovation 

2 and advance the commercialization of research and 

3 development, including federally funded research and 

4 development; 

5 ‘‘(2) identifying existing barriers to innovation 

6 and commercialization, including access to capital 

7 and other resources, and ways to overcome those bar8 riers, particularly in States participating in the Ex9 perimental Program to Stimulate Competitive Re10 search; 

11 ‘‘(3) providing access to relevant data, research, 

12 and technical assistance on innovation and commer13 cialization; 

14 ‘‘(4) strengthening collaboration on and coordi15 nation of policies relating to innovation and commer16 cialization, including those focused on the needs of 

17 small businesses and rural communities, within the 

18 Department of Commerce, between the Department of 

19 Commerce and other Federal agencies, and between 

20 the Department of Commerce and appropriate State 

21 government agencies and institutions, as appropriate; 

22 and 

23 ‘‘(5) any other duties as determined by the Sec24 retary. 
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1 ‘‘(c) ADVISORY COMMITTEE.—The Secretary shall es2 tablish an Advisory Council on Innovation and Entrepre3 neurship to provide advice to the Secretary on carrying out 

4 subsection (b).’’. 

5 SEC. 602. FEDERAL LOAN GUARANTEES FOR INNOVATIVE 

6 TECHNOLOGIES IN MANUFACTURING. 

7 The Stevenson-Wydler Technology Innovation Act of 

8 1980 (15 U.S.C. 3701 et seq.), as amended by section 601, 

9 is further amended by adding at the end the following: 

10 ‘‘SEC. 26. FEDERAL LOAN GUARANTEES FOR INNOVATIVE 

11 TECHNOLOGIES IN MANUFACTURING. 

12 ‘‘(a) ESTABLISHMENT.—The Secretary shall establish 

13 a program to provide loan guarantees for obligations to 

14 small- or medium-sized manufacturers for the use or pro15 duction of innovative technologies. 

16 ‘‘(b) ELIGIBLE PROJECTS.—A loan guarantee may be 

17 made under the program only for a project that re-equips, 

18 expands, or establishes a manufacturing facility in the 

19 United States— 

20 ‘‘(1) to use an innovative technology or an inno21 vative process in manufacturing; 

22 ‘‘(2) to manufacture an innovative technology 

23 product or an integral component of such a product; 

24 or 
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1 ‘‘(3) to commercialize an innovative product, 

2 process, or idea that was developed by research funded 

3 in whole or in part by a grant from the Federal gov4 ernment. 

5 ‘‘(c) ELIGIBLE BORROWER.—A loan guarantee may be 

6 made under the program only for a borrower who is a 

7 small- or medium-sized manufacturer, as determined by the 

8 Secretary under the criteria established pursuant to sub9 section (l). 

10 ‘‘(d) LIMITATION ON AMOUNT.—A loan guarantee shall 

11 not exceed an amount equal to 80 percent of the obligation, 

12 as estimated at the time at which the loan guarantee is 

13 issued. 

14 ‘‘(e) LIMITATIONS ON LOAN GUARANTEE.—No loan 

15 guarantee shall be made unless the Secretary determines 

16 that— 

17 ‘‘(1) there is a reasonable prospect of repayment 

18 of the principal and interest on the obligation by the 

19 borrower; 

20 ‘‘(2) the amount of the obligation (when com21 bined with amounts available to the borrower from 

22 other sources) is sufficient to carry out the project; 

23 ‘‘(3) the obligation is not subordinate to other fi24 nancing; 
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1 ‘‘(4) the obligation bears interest at a rate that 

2 does not exceed a level that the Secretary determines 

3 appropriate, taking into account the prevailing rate 

4 of interest in the private sector for similar loans and 

5 risks; and 

6 ‘‘(5) the term of an obligation requires full re7 payment over a period not to exceed the lesser of— 

8 ‘‘(A) 30 years; or 

9 ‘‘(B) 90 percent of the projected useful life, 

10 as determined by the Secretary, of the physical 

11 asset to be financed by the obligation. 

12 ‘‘(f) DEFAULTS.— 

13 ‘‘(1) PAYMENT BY SECRETARY.— 

14 ‘‘(A) IN GENERAL.—If a borrower defaults 

15 (as defined in regulations promulgated by the 

16 Secretary and specified in the loan guarantee) 

17 on the obligation, the holder of the loan guar18 antee shall have the right to demand payment of 

19 the unpaid amount from the Secretary. 

20 ‘‘(B) PAYMENT REQUIRED.—Within such 

21 period as may be specified in the loan guarantee 

22 or related agreements, the Secretary shall pay to 

23 the holder of the loan guarantee the unpaid in24 terest on and unpaid principal of the obligation 

25 as to which the borrower has defaulted, unless the 
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1 Secretary finds that there was no default by the 

2 borrower in the payment of interest or principal 

3 or that the default has been remedied. 

4 ‘‘(C) FORBEARANCE.—Nothing in this sub5 section precludes any forbearance by the holder 

6 of the obligation for the benefit of the borrower 

7 which may be agreed upon by the parties to the 

8 obligation and approved by the Secretary. 

9 ‘‘(2) SUBROGATION.— 

10 ‘‘(A) IN GENERAL.—If the Secretary makes 

11 a payment under paragraph (1), the Secretary 

12 shall be subrogated to the rights, as specified in 

13 the loan guarantee, of the recipient of the pay14 ment or related agreements including, if appro15 priate, the authority (notwithstanding any other 

16 provision of law)— 

17 ‘‘(i) to complete, maintain, operate, 

18 lease, or otherwise dispose of any property 

19 acquired pursuant to such loan guarantee 

20 or related agreement; or 

21 ‘‘(ii) to permit the borrower, pursuant 

22 to an agreement with the Secretary, to con23 tinue to pursue the purposes of the project 

24 if the Secretary determines that such an 

25 agreement is in the public interest. 
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1 ‘‘(B) SUPERIORITY OF RIGHTS.—The rights 

2 of the Secretary, with respect to any property ac3 quired pursuant to a loan guarantee or related 

4 agreements, shall be superior to the rights of any 

5 other person with respect to the property. 

6 ‘‘(3) NOTIFICATION.—If the borrower defaults on 

7 an obligation, the Secretary shall notify the Attorney 

8 General of the default. 

9 ‘‘(g) TERMS AND CONDITIONS.—A loan guarantee 

10 under this section shall include such detailed terms and con11 ditions as the Secretary determines appropriate— 

12 ‘‘(1) to protect the interests of the United States 

13 in the case of default; and 

14 ‘‘(2) to have available all the patents and tech15 nology necessary for any person selected, including 

16 the Secretary, to complete and operate the project. 

17 ‘‘(h) CONSULTATION.—In establishing the terms and 

18 conditions of a loan guarantee under this section, the Sec19 retary shall consult with the Secretary of the Treasury. 

20 ‘‘(i) FEES.— 

21 ‘‘(1) IN GENERAL.—The Secretary shall charge 

22 and collect fees for loan guarantees in amounts the 

23 Secretary determines are sufficient to cover applicable 

24 administrative expenses. 
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1 ‘‘(2) AVAILABILITY.—Fees collected under this 

2 subsection shall— 

3 ‘‘(A) be deposited by the Secretary into the 

4 Treasury of the United States; and 

5 ‘‘(B) remain available until expended, sub6 ject to such other conditions as are contained in 

7 annual appropriations Acts. 

8 ‘‘(3) LIMITATION.—In charging and collecting 

9 fees under paragraph (1), the Secretary shall take 

10 into consideration the amount of the obligation. 

11 ‘‘(j) RECORDS.— 

12 ‘‘(1) IN GENERAL.—With respect to a loan guar13 antee under this section, the borrower, the lender, and 

14 any other appropriate party shall keep such records 

15 and other pertinent documents as the Secretary shall 

16 prescribe by regulation, including such records as the 

17 Secretary may require to facilitate an effective audit. 

18 ‘‘(2) ACCESS.—The Secretary and the Comp19 troller General of the United States, or their duly au20 thorized representatives, shall have access to records 

21 and other pertinent documents for the purpose of con22 ducting an audit. 

23 ‘‘(k) FULL FAITH AND CREDIT.—The full faith and 

24 credit of the United States is pledged to the payment of 
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1 all loan guarantees issued under this section with respect 

2 to principal and interest. 

3 ‘‘(l) REGULATIONS.—The Secretary shall issue final 

4 regulations before making any loan guarantees under the 

5 program. The regulations shall include— 

6 ‘‘(1) criteria that the Secretary shall use to de7 termine eligibility for loan guarantees under this sec8 tion, including— 

9 ‘‘(A) whether a borrower is a small- or me10 dium-sized manufacturer; and 

11 ‘‘(B) whether a borrower demonstrates that 

12 a market exists for the innovative technology 

13 product, or the integral component of such a 

14 product, to be manufactured, as evidenced by 

15 written statements of interest from potential pur16 chasers; 

17 ‘‘(2) criteria that the Secretary shall use to de18 termine the amount of any fees charged under sub19 section (i), including criteria related to the amount of 

20 the obligation; 

21 ‘‘(3) policies and procedures for selecting and 

22 monitoring lenders and loan performance; and 

23 ‘‘(4) any other policies, procedures, or informa24 tion necessary to implement this section. 

25 ‘‘(m) AUDIT.— 
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1 ‘‘(1) ANNUAL INDEPENDENT AUDITS.—The Sec2 retary shall enter into an arrangement with an inde3 pendent auditor for annual evaluations of the pro4 gram under this section. 

5 ‘‘(2) COMPTROLLER GENERAL REVIEW.—The 

6 Comptroller General of the United States shall con7 duct a biennial review of the Secretary’s execution of 

8 the program under this section. 

9 ‘‘(3) REPORT.—The results of the independent 

10 audit under paragraph (1) and the Comptroller Gen11 eral’s review under paragraph (2) shall be provided 

12 directly to the Committee on Science and Technology 

13 of the House of Representatives and the Committee on 

14 Commerce, Science, and Transportation of the Senate. 

15 ‘‘(n) REPORT TO CONGRESS.—Concurrent with the 

16 submission to Congress of the President’s annual budget re17 quest in each year after the date of enactment of the Amer18 ica COMPETES Reauthorization Act of 2010, the Sec19 retary shall transmit to the Committee on Science and 

20 Technology of the House of Representatives and the Com21 mittee on Commerce, Science, and Transportation of the 

22 Senate a report containing a summary of all activities car23 ried out under this section. 

24 ‘‘(o) COORDINATION AND NONDUPLICATION.—To the 

25 maximum extent practicable, the Secretary shall ensure 
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1 that the activities carried out under this section are coordi2 nated with, and do not duplicate the efforts of, other loan 

3 guarantee programs within the Federal Government. 

4 ‘‘(p) MEP CENTERS.—The Secretary may use centers 

5 established under section 25 of the National Institute of 

6 Standards and Technology Act (15 U.S.C. 278k) to provide 

7 information about the program established under this sec8 tion and to conduct outreach to potential borrowers, as ap9 propriate. 

10 ‘‘(q) MINIMIZING RISK.—The Secretary shall promul11 gate regulations and policies to carry out this section in 

12 accordance with Office of Management and Budget Circular 

13 No. A–129, entitled ‘Policies for Federal Credit Programs 

14 and Non-Tax Receivables’, as in effect on the date of enact15 ment of the America COMPETES Reauthorization Act of 

16 2010. 

17 ‘‘(r) SENSE OF CONGRESS.—It is the sense of Congress 

18 that no loan guarantee shall be made under this section un19 less the borrower agrees to use a federally-approved elec20 tronic employment eligibility verification system to verify 

21 the employment eligibility of— 

22 ‘‘(1) all persons hired during the contract term 

23 by the borrower to perform employment duties within 

24 the United States; and 
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1 ‘‘(2) all persons assigned by the borrower to per2 form work within the United States on the project. 

3 ‘‘(s) DEFINITIONS.—In this section: 

4 ‘‘(1) COST.—The term ‘cost’ has the meaning 

5 given such term under section 502 of the Federal 

6 Credit Reform Act of 1990 (2 U.S.C. 661a). 

7 ‘‘(2) INNOVATIVE PROCESS.—The term ‘innova8 tive process’ means a process that is significantly im9 proved as compared to the process in general use in 

10 the commercial marketplace in the United States at 

11 the time the loan guarantee is issued. 

12 ‘‘(3) INNOVATIVE TECHNOLOGY.—The term ‘inno13 vative technology’ means a technology that is signifi14 cantly improved as compared to the technology in 

15 general use in the commercial marketplace in the 

16 United States at the time the loan guarantee is 

17 issued. 

18 ‘‘(4) LOAN GUARANTEE.—The term ‘loan guar19 antee’ has the meaning given such term in section 502 

20 of the Federal Credit Reform Act of 1990 (2 U.S.C. 

21 661a). The term includes a loan guarantee commit22 ment (as defined in section 502 of such Act (2 U.S.C. 

23 661a)). 
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1 ‘‘(5) OBLIGATION.—The term ‘obligation’ means 

2 the loan or other debt obligation that is guaranteed 

3 under this section. 

4 ‘‘(6) PROGRAM.—The term ‘program’ means the 

5 loan guarantee program established in subsection (a). 

6 ‘‘(t) AUTHORIZATION OF APPROPRIATIONS.—There are 

7 authorized to be appropriated $20,000,000 for each of fiscal 

8 years 2011 through 2013 to provide the cost of loan guaran9 tees under this section.’’. 

10 SEC. 603. REGIONAL INNOVATION PROGRAM. 

11 The Stevenson-Wydler Technology Innovation Act of 

12 1980 (15 U.S.C. 3701 et seq.), as amended by section 602, 

13 is further amended by adding at the end thereof the fol14 lowing: 

15 ‘‘SEC. 27. REGIONAL INNOVATION PROGRAM. 

16 ‘‘(a) ESTABLISHMENT.—The Secretary shall establish 

17 a regional innovation program to encourage and support 

18 the development of regional innovation strategies, including 

19 regional innovation clusters and science and research parks. 

20 ‘(b) CLUSTER GRANTS.— 

21 ‘‘(1) IN GENERAL.—As part of the program es22 tablished under subsection (a), the Secretary may 

23 award grants on a competitive basis to eligible recipi24 ents for activities relating to the formation and devel25 opment of regional innovation clusters. 
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1 ‘‘(2) PERMISSIBLE ACTIVITIES.—Grants awarded 

2 under this subsection may be used for activities deter3 mined appropriate by the Secretary, including the 

4 following: 

5 ‘‘(A) Feasibility studies. 

6 ‘‘(B) Planning activities. 

7 ‘‘(C) Technical assistance. 

8 ‘‘(D) Developing or strengthening commu9 nication and collaboration between and among 

10 participants of a regional innovation cluster. 

11 ‘‘(E) Attracting additional participants to 

12 a regional innovation cluster. 

13 ‘‘(F) Facilitating market development of 

14 products and services developed by a regional in15 novation cluster, including through demonstra16 tion, deployment, technology transfer, and com17 mercialization activities. 

18 ‘‘(G) Developing relationships between a re19 gional innovation cluster and entities or clusters 

20 in other regions. 

21 ‘‘(H) Interacting with the public and State 

22 and local governments to meet the goals of the 

23 cluster. 

24 ‘‘(3) ELIGIBLE RECIPIENT DEFINED.—In this 

25 subsection, the term ‘eligible recipient’ means— 
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1 ‘‘(A) a State; 

2 ‘‘(B) an Indian tribe; 

3 ‘‘(C) a city or other political subdivision of 

4 a State; 

5 ‘‘(D) an entity that— 

6 ‘‘(i) is a nonprofit organization, an in7 stitution of higher education, a public-pri8 vate partnership, a science or research park, 

9 a Federal laboratory, or an economic devel10 opment organization or similar entity; and 

11 ‘‘(ii) has an application that is sup12 ported by a State or a political subdivision 

13 of a State; or 

14 ‘‘(E) a consortium of any of the entities de15 scribed in subparagraphs (A) through (D). 

16 ‘‘(4) APPLICATION.— 

17 ‘‘(A) IN GENERAL.—An eligible recipient 

18 shall submit an application to the Secretary at 

19 such time, in such manner, and containing such 

20 information and assurances as the Secretary 

21 may require. 

22 ‘‘(B) COMPONENTS.—The application shall 

23 include, at a minimum, a description of the re24 gional innovation cluster supported by the pro25 posed activity, including a description of— 
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1 ‘‘(i) whether the regional innovation 

2 cluster is supported by the private sector, 

3 State and local governments, and other rel4 evant stakeholders; 

5 ‘‘(ii) how the existing participants in 

6 the regional innovation cluster will encour7 age and solicit participation by all types of 

8 entities that might benefit from participa9 tion, including newly formed entities and 

10 those rival existing participants; 

11 ‘‘(iii) the extent to which the regional 

12 innovation cluster is likely to stimulate in13 novation and have a positive impact on re14 gional economic growth and development; 

15 ‘‘(iv) whether the participants in the 

16 regional innovation cluster have access to, 

17 or contribute to, a well-trained workforce; 

18 ‘‘(v) whether the participants in the re19 gional innovation cluster are capable of at20 tracting additional funds from non-Federal 

21 sources; and 

22 ‘‘(vi) the likelihood that the partici23 pants in the regional innovation cluster will 

24 be able to sustain activities once grant 
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1 funds under this subsection have been ex2 pended. 

3 ‘‘(C) SPECIAL CONSIDERATION.—The Sec4 retary shall give special consideration to appli5 cations from regions that contain communities 

6 negatively impacted by trade. 

7 ‘‘(5) SPECIAL CONSIDERATION.—The Secretary 

8 shall give special consideration to an eligible recipient 

9 who agrees to collaborate with local workforce invest10 ment area boards. 

11 ‘‘(6) COST SHARE.—The Secretary may not pro12 vide more than 50 percent of the total cost of any ac13 tivity funded under this subsection. 

14 ‘‘(7) USE AND APPLICATION OF RESEARCH AND

15 INFORMATION PROGRAM.—To the maximum extent 

16 practicable, the Secretary shall ensure that activities 

17 funded under this subsection use and apply any rel18 evant research, best practices, and metrics developed 

19 under the program established in subsection (c). 

20 ‘‘(c) SCIENCE AND RESEARCH PARK DEVELOPMENT

21 GRANTS.— 

22 ‘‘(1) IN GENERAL.—As part of the program es23 tablished under subsection (a), the Secretary may 

24 award grants for the development of feasibility studies 

25 and plans for the construction of new science parks 
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1 or the renovation or expansion of existing science 

2 parks. 

3 ‘‘(2) LIMITATION ON AMOUNT OF GRANTS.—The 

4 amount of a grant awarded under this subsection 

5 may not exceed $750,000. 

6 ‘‘(3) AWARD.— 

7 ‘‘(A) COMPETITION REQUIRED.—The Sec8 retary shall award grants under this subsection 

9 pursuant to a full and open competition. 

10 ‘‘(B) GEOGRAPHIC DISPERSION.—In con11 ducting a competitive process, the Secretary shall 

12 consider the need to avoid undue geographic con13 centration among any one category of States 

14 based on their predominant rural or urban char15 acter as indicated by population density. 

16 ‘‘(C) SELECTION CRITERIA.—The Secretary 

17 shall publish the criteria to be utilized in any 

18 competition for the selection of recipients of 

19 grants under this subsection, which shall include 

20 requirements relating to the— 

21 ‘‘(i) effect the science park will have on 

22 regional economic growth and development; 

23 ‘‘(ii) number of jobs to be created at 

24 the science park and the surrounding re-
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1 gional community each year during its first 

2 3 years; 

3 ‘‘(iii) funding to be required to con4 struct, renovate or expand the science park 

5 during its first 3 years; 

6 ‘‘(iv) amount and type of financing 

7 and access to capital available to the appli8 cant; 

9 ‘‘(v) types of businesses and research 

10 entities expected in the science park and 

11 surrounding regional community; 

12 ‘‘(vi) letters of intent by businesses and 

13 research entities to locate in the science 

14 park; 

15 ‘‘(vii) capability to attract a well 

16 trained workforce to the science park; 

17 ‘‘(viii) the management of the science 

18 park during its first 5 years; 

19 ‘‘(ix) expected financial risks in the 

20 construction and operation of the science 

21 park and the risk mitigation strategy; 

22 ‘‘(x) physical infrastructure available 

23 to the science park, including roads, utili24 ties, and telecommunications; 
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1 ‘‘(xi) utilization of energy-efficient 

2 building technology including nationally 

3 recognized green building design practices, 

4 renewable energy, cogeneration, and other 

5 methods that increase energy efficiency and 

6 conservation; 

7 ‘‘(xii) consideration to the trans8 formation of military bases affected by the 

9 base realignment and closure process or the 

10 redevelopment of existing buildings, struc11 tures, or brownfield sites that are aban12 doned, idled, or underused into single or 

13 multiple building facilities for science and 

14 technology companies and institutions; 

15 ‘‘(xiii) ability to collaborate with other 

16 science parks throughout the world; 

17 ‘‘(xiv) consideration of sustainable de18 velopment practices and the quality of life 

19 at the science park; and 

20 ‘‘(xv) other such criteria as the Sec21 retary shall prescribe. 

22 ‘‘(4) ALLOCATION CONSTRAINTS.—The Secretary 

23 may not allocate less than one-third of the total grant 

24 funding allocated under this section for any fiscal 

25 year to grants under subsection (b) or this subsection 
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1 without written notification to the Senate Committee 

2 on Commerce, Science, and Transportation and the 

3 House of Representatives Committees on Science and 

4 Technology and on Energy and Commerce. 

5 ‘‘(d) LOAN GUARANTEES FOR SCIENCE PARK INFRA6 STRUCTURE.— 

7 ‘‘(1) IN GENERAL.—Subject to paragraph (2), the 

8 Secretary may guarantee up to 80 percent of the loan 

9 amount for projects for the construction or expansion, 

10 including renovation and modernization, of science 

11 park infrastructure. 

12 ‘‘(2) LIMITATIONS ON GUARANTEE AMOUNTS.— 

13 The maximum amount of loan principal guaranteed 

14 under this subsection may not exceed— 

15 ‘‘(A) $50,000,000 with respect to any 

16 single project; and 

17 ‘‘(B) $300,000,000 with respect to all 

18 projects. 

19 ‘‘(3) SELECTION OF GUARANTEE RECIPIENTS.— 

20 The Secretary shall select recipients of loan guaran21 tees under this subsection based upon the ability of 

22 the recipient to collateralize the loan amount through 

23 bonds, equity, property, and such other things of val24 ues as the Secretary shall deem necessary. Recipients 

25 of grants under subsection (c) are not eligible for a 
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1 loan guarantee during the period of the grant. To the 

2 extent that the Secretary determines it to be feasible, 

3 the Secretary may select recipients of guarantee as4 sistance in accord with a competitive process that 

5 takes into account the factors set out in subsection 

6 (c)(3)(C) of this section. 

7 ‘‘(4) TERMS AND CONDITIONS FOR LOAN GUAR8 ANTEES.—The loans guaranteed under this subsection 

9 shall be subject to such terms and conditions as the 

10 Secretary may prescribe, except that— 

11 ‘‘(A) the final maturity of such loans made 

12 or guaranteed may not exceed the lesser of— 

13 ‘‘(i) 30 years; or 

14 ‘‘(ii) 90 percent of the useful life of any 

15 physical asset to be financed by the loan; 

16 ‘‘(B) a loan guaranteed under this sub17 section may not be subordinated to another debt 

18 contracted by the borrower or to any other 

19 claims against the borrowers in the case of de20 fault; 

21 ‘‘(C) a loan may not be guaranteed under 

22 this subsection unless the Secretary determines 

23 that the lender is responsible and that provision 

24 is made for servicing the loan on reasonable 
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1 terms and in a manner that adequately protects 

2 the financial interest of the United States; 

3 ‘‘(D) a loan may not be guaranteed under 

4 this subsection if— 

5 ‘‘(i) the income from the loan is ex6 cluded from gross income for purposes of 

7 chapter 1 of the Internal Revenue Code of 

8 1986; or 

9 ‘‘(ii) the guarantee provides significant 

10 collateral or security, as determined by the 

11 Secretary in coordination with the Sec12 retary of the Treasury, for other obligations 

13 the income from which is so excluded; 

14 ‘‘(E) any guarantee provided under this 

15 subsection shall be conclusive evidence that— 

16 ‘‘(i) the guarantee has been properly 

17 obtained; 

18 ‘‘(ii) the underlying loan qualified for 

19 the guarantee; and 

20 ‘‘(iii) absent fraud or material mis21 representation by the holder, the guarantee 

22 is presumed to be valid, legal, and enforce23 able; 

24 ‘‘(F) the Secretary may not extend credit 

25 assistance unless the Secretary has determined 
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1 that there is a reasonable assurance of repay2 ment; and 

3 ‘‘(G) new loan guarantees may not be com4 mitted except to the extent that appropriations of 

5 budget authority to cover their costs are made in 

6 advance, as required under section 504 of the 

7 Federal Credit Reform Act of 1990 (2 U.S.C. 

8 661c). 

9 ‘‘(5) PAYMENT OF LOSSES.— 

10 ‘‘(A) IN GENERAL.—If, as a result of a de11 fault by a borrower under a loan guaranteed 

12 under this subsection, after the holder has made 

13 such further collection efforts and instituted such 

14 enforcement proceedings as the Secretary may re15 quire, the Secretary determines that the holder 

16 has suffered a loss, the Secretary shall pay to the 

17 holder the percentage of the loss specified in the 

18 guarantee contract. Upon making any such pay19 ment, the Secretary shall be subrogated to all the 

20 rights of the recipient of the payment. The Sec21 retary shall be entitled to recover from the bor22 rower the amount of any payments made pursu23 ant to any guarantee entered into under this sec24 tion. 
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1 ‘‘(B) ENFORCEMENT OF RIGHTS.—The At2 torney General shall take such action as may be 

3 appropriate to enforce any right accruing to the 

4 United States as a result of the issuance of any 

5 guarantee under this section. 

6 ‘‘(C) FORBEARANCE.—Nothing in this sec7 tion may be construed to preclude any forbear8 ance for the benefit of the borrower which may 

9 be agreed upon by the parties to the guaranteed 

10 loan and approved by the Secretary, if budget 

11 authority for any resulting subsidy costs (as de12 fined in section 502(5) of the Federal Credit Re13 form Act of 1990) is available. 

14 ‘‘(6) EVALUATION OF CREDIT RISK.— 

15 ‘‘(A) The Secretary shall periodically assess 

16 the credit risk of new and existing direct loans 

17 or guaranteed loans. 

18 ‘‘(B) Not later than 2 years after the date 

19 of the enactment of the America COMPETES 

20 Reauthorization Act of 2010, the Comptroller 

21 General of the United States shall— 

22 ‘‘(i) conduct a review of the subsidy es23 timates for the loan guarantees under this 

24 section; and 
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1 ‘‘(ii) submit to Congress a report on 

2 the review conducted under this paragraph. 

3 ‘‘(7) TERMINATION.—A loan may not be guaran4 teed under this section after September 30, 2013. 

5 ‘‘(8) AUTHORIZATION OF APPROPRIATIONS.— 

6 There are authorized to be appropriated $7,000,000 

7 for each of fiscal years 2011 through 2013 for the cost 

8 (as defined in section 502(5) of the Federal Credit Re9 form Act of 1990) of guaranteeing $300,000,000 in 

10 loans under this section, such sums to remain avail11 able until expended. 

12 ‘‘(e) REGIONAL INNOVATION RESEARCH AND INFORMA13 TION PROGRAM.— 

14 ‘‘(1) IN GENERAL.—As part of the program es15 tablished under subsection (a), the Secretary shall es16 tablish a regional innovation research and informa17 tion program— 

18 ‘‘(A) to gather, analyze, and disseminate in19 formation on best practices for regional innova20 tion strategies (including regional innovation 

21 clusters), including information relating to how 

22 innovation, productivity, and economic develop23 ment can be maximized through such strategies; 

24 ‘‘(B) to provide technical assistance, includ25 ing through the development of technical assist-
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1 ance guides, for the development and implemen2 tation of regional innovation strategies (includ3 ing regional innovation clusters); 

4 ‘‘(C) to support the development of relevant 

5 metrics and measurement standards to evaluate 

6 regional innovation strategies (including re7 gional innovation clusters), including the extent 

8 to which such strategies stimulate innovation, 

9 productivity, and economic development; and 

10 ‘‘(D) to collect and make available data on 

11 regional innovation cluster activity in the 

12 United States, including data on— 

13 ‘‘(i) the size, specialization, and com14 petitiveness of regional innovation clusters; 

15 ‘‘(ii) the regional domestic product 

16 contribution, total jobs and earnings by key 

17 occupations, establishment size, nature of 

18 specialization, patents, Federal research 

19 and development spending, and other rel20 evant information for regional innovation 

21 clusters; and 

22 ‘‘(iii) supply chain product and service 

23 flows within and between regional innova24 tion clusters. 
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1 ‘‘(2) RESEARCH GRANTS.—The Secretary may 

2 award research grants on a competitive basis to sup3 port and further the goals of the program established 

4 under this subsection. 

5 ‘‘(3) DISSEMINATION OF INFORMATION.—Data 

6 and analysis compiled by the Secretary under the 

7 program established in this subsection shall be made 

8 available to other Federal agencies, State and local 

9 governments, and nonprofit and for-profit entities. 

10 ‘‘(4) REGIONAL INNOVATION GRANT PROGRAM.— 

11 The Secretary shall incorporate data and analysis re12 lating to any grant under subsection (b) or (c) and 

13 any loan guarantee under subsection (d) into the pro14 gram established under this subsection. 

15 ‘‘(f) INTERAGENCY COORDINATION.— 

16 ‘‘(1) IN GENERAL.—To the maximum extent 

17 practicable, the Secretary shall ensure that the activi18 ties carried out under this section are coordinated 

19 with, and do not duplicate the efforts of, other pro20 grams at the Department of Commerce or other Fed21 eral agencies. 

22 ‘‘(2) COLLABORATION.— 

23 ‘‘(A) IN GENERAL.—The Secretary shall ex24 plore and pursue collaboration with other Fed25 eral agencies, including through multiagency 
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1 funding opportunities, on regional innovation 

2 strategies. 

3 ‘‘(B) SMALL BUSINESSES.—The Secretary 

4 shall ensure that such collaboration with Federal 

5 agencies prioritizes the needs and challenges of 

6 small businesses. 

7 ‘‘(g) EVALUATION.— 

8 ‘‘(1) IN GENERAL.—Not later than 3 years after 

9 the date of enactment of the America COMPETES 

10 Reauthorization Act of 2010, the Secretary shall enter 

11 into a contract with an independent entity, such as 

12 the National Academy of Sciences, to conduct an eval13 uation of the program established under subsection 

14 (a). 

15 ‘‘(2) REQUIREMENTS.—The evaluation shall in16 clude— 

17 ‘‘(A) whether the program is achieving its 

18 goals; 

19 ‘‘(B) any recommendations for how the pro20 gram may be improved; and 

21 ‘‘(C) a recommendation as to whether the 

22 program should be continued or terminated. 

23 ‘‘(h) DEFINITIONS.—In this section: 

24 ‘‘(1) REGIONAL INNOVATION CLUSTER.—The 

25 term ‘regional innovation cluster’ means a geographi-
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1 cally bounded network of similar, synergistic, or com2 plementary entities that— 

3 ‘‘(A) are engaged in or with a particular 

4 industry sector; 

5 ‘‘(B) have active channels for business 

6 transactions and communication; 

7 ‘‘(C) share specialized infrastructure, labor 

8 markets, and services; and 

9 ‘‘(D) leverage the region’s unique competi10 tive strengths to stimulate innovation and create 

11 jobs. 

12 ‘‘(2) SCIENCE PARK.—The term ‘Science park’ 

13 means a property-based venture, which has— 

14 ‘‘(A) master-planned property and build15 ings designed primarily for private-public re16 search and development activities, high tech17 nology and science-based companies, and re18 search and development support services; 

19 ‘‘(B) a contractual or operational relation20 ship with one or more science- or research-related 

21 institution of higher education or governmental 

22 or non-profit research laboratories; 

23 ‘‘(C) a primary mission to promote research 

24 and development through industry partnerships, 
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1 assisting in the growth of new ventures and pro2 moting innovation-driven economic development; 

3 ‘‘(D) a role in facilitating the transfer of 

4 technology and business skills between researchers 

5 and industry teams; and 

6 ‘‘(E) a role in promoting technology-led eco7 nomic development for the community or region 

8 in which the science park is located. A science 

9 park may be owned by a governmental or not10 for-profit entity, but it may enter into partner11 ships or joint ventures with for-profit entities for 

12 development or management of specific compo13 nents of the park. 

14 ‘‘(3) STATE.—The term ‘State’ means one of the 

15 several States, the District of Columbia, the Common16 wealth of Puerto Rico, the Virgin Islands, Guam, 

17 American Samoa, the Commonwealth of the Northern 

18 Mariana Islands, or any other territory or possession 

19 of the United States. 

20 ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—Except 

21 as provided in subsection (d)(8), there are authorized to be 

22 appropriated $100,000,000 for each of fiscal years 2011 

23 through 2013 to carry out this section (other than for loan 

24 guarantees under subsection (d)).’’. 
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1 SEC. 604. STUDY ON ECONOMIC COMPETITIVENESS AND IN2 NOVATIVE CAPACITY OF UNITED STATES AND 

3 DEVELOPMENT OF NATIONAL ECONOMIC 

4 COMPETITIVENESS STRATEGY. 

5 (a) STUDY.— 

6 (1) IN GENERAL.—Not later than 1 year after 

7 the date of the enactment of this Act, the Secretary of 

8 Commerce shall complete a comprehensive study of the 

9 economic competitiveness and innovative capacity of 

10 the United States. 

11 (2) MATTERS COVERED.—The study required by 

12 paragraph (1) shall include the following: 

13 (A) An analysis of the United States econ14 omy and innovation infrastructure. 

15 (B) An assessment of the following: 

16 (i) The current competitive and inno17 vation performance of the United States 

18 economy relative to other countries that 

19 compete economically with the United 

20 States. 

21 (ii) Economic competitiveness and do22 mestic innovation in the current business 

23 climate, including tax and Federal regu24 latory policy. 

25 (iii) The business climate of the United 

26 States and those of other countries that 
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1 compete economically with the United 

2 States. 

3 (iv) Regional issues that influence the 

4 economic competitiveness and innovation 

5 capacity of the United States, including— 

6 (I) the roles of State and local 

7 governments and institutions of higher 

8 education; and 

9 (II) regional factors that con10 tribute positively to innovation. 

11 (v) The effectiveness of the Federal 

12 Government in supporting and promoting 

13 economic competitiveness and innovation, 

14 including any duplicative efforts of, or gaps 

15 in coverage between, Federal agencies and 

16 departments. 

17 (vi) Barriers to competitiveness in 

18 newly emerging business or technology sec19 tors, factors influencing underperforming 

20 economic sectors, unique issues facing small 

21 and medium enterprises, and barriers to the 

22 development and evolution of start-ups, 

23 firms, and industries. 

24 (vii) The effects of domestic and inter25 national trade policy on the competitiveness 
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1 of the United States and the United States 

2 economy. 

3 (viii) United States export promotion 

4 and export finance programs relative to ex5 port promotion and export finance pro6 grams of other countries that compete eco7 nomically with the United States, including 

8 Canada, France, Germany, Italy, Japan, 

9 Korea, and the United Kingdom, with not10 ing of export promotion and export finance 

11 programs carried out by such countries that 

12 are not analogous to any programs carried 

13 out by the United States. 

14 (ix) The effectiveness of current policies 

15 and programs affecting exports, including 

16 an assessment of Federal trade restrictions 

17 and State and Federal export promotion ac18 tivities. 

19 (x) The effectiveness of the Federal 

20 Government and Federally funded research 

21 and development centers in supporting and 

22 promoting technology commercialization 

23 and technology transfer. 

24 (xi) Domestic and international intel25 lectual property policies and practices. 
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1 (xii) Manufacturing capacity, logistics, 

2 and supply chain dynamics of major export 

3 sectors, including access to a skilled work4 force, physical infrastructure, and 

5 broadband network infrastructure. 

6 (xiii) Federal and State policies relat7 ing to science, technology, and education 

8 and other relevant Federal and State poli9 cies designed to promote commercial inno10 vation, including immigration policies. 

11 (C) Development of recommendations on the 

12 following: 

13 (i) How the United States should in14 vest in human capital. 

15 (ii) How the United States should fa16 cilitate entrepreneurship and innovation. 

17 (iii) How best to develop opportunities 

18 for locally and regionally driven innovation 

19 by providing Federal support. 

20 (iv) How best to strengthen the eco21 nomic infrastructure and industrial base of 

22 the United States. 

23 (v) How to improve the international 

24 competitiveness of the United States. 

25 (3) CONSULTATION.— 
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1 (A) IN GENERAL.—The study required by 

2 paragraph (1) shall be conducted in consultation 

3 with the National Economic Council of the Office 

4 of Policy Development, such Federal agencies as 

5 the Secretary considers appropriate, and the In6 novation Advisory Board established under sub7 paragraph (B). The Secretary shall also establish 

8 a process for obtaining comments from the pub9 lic. 

10 (B) INNOVATION ADVISORY BOARD.— 

11 (i) IN GENERAL.—The Secretary shall 

12 establish an Innovation Advisory Board for 

13 purposes of obtaining advice with respect to 

14 the conduct of the study required by para15 graph (1). 

16 (ii) COMPOSITION.—The Advisory 

17 Board established under clause (i) shall be 

18 comprised of 15 members, appointed by the 

19 Secretary— 

20 (I) who shall represent all major 

21 industry sectors; 

22 (II) a majority of whom should be 

23 from private industry, including large 

24 and small firms, representing advanced 
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1 technology sectors and more traditional 

2 sectors that use technology; and 

3 (III) who may include economic 

4 or innovation policy experts, State and 

5 local government officials active in 

6 technology-based economic develop7 ment, and representatives from higher 

8 education. 

9 (iii) EXEMPTION FROM FACA.—The 

10 Federal Advisory Committee Act (5 U.S.C. 

11 App.) shall not apply to the advisory board 

12 established under clause (i). 

13 (b) STRATEGY.— 

14 (1) IN GENERAL.—Not later than 1 year after 

15 the completion of the study required by subsection (a), 

16 the Secretary shall develop, based on the study re17 quired by subsection (a)(1), a national 10-year strat18 egy to strengthen the innovative and competitive ca19 pacity of the Federal Government, State and local 

20 governments, United States institutions of higher edu21 cation, and the private sector of the United States. 

22 (2) ELEMENTS.—The strategy required by para23 graph (1) shall include the following: 
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1 (A) Actions to be taken by individual Fed2 eral agencies and departments to improve com3 petitiveness. 

4 (B) Proposed legislative actions for consid5 eration by Congress. 

6 (C) Annual goals and milestones for the 10- 

7 year period of the strategy. 

8 (D) A plan for monitoring the progress of 

9 the Federal Government with respect to improv10 ing conditions for innovation and the competi11 tiveness of the United States. 

12 (c) REPORT.— 

13 (1) IN GENERAL.—Upon the completion of the 

14 strategy required by subsection (b), the Secretary of 

15 Commerce shall submit to Congress and the President 

16 a report on the study conducted under subsection (a) 

17 and the strategy developed under subsection (b). 

18 (2) ELEMENTS.—The report required by para19 graph (1) shall include the following: 

20 (A) The findings of the Secretary with re21 spect to the study conducted under subsection 

22 (a). 

23 (B) The strategy required by subsection (b). 
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1 SEC. 605. PROMOTING USE OF HIGH-END COMPUTING SIM2 ULATION AND MODELING BY SMALL- AND ME3 DIUM-SIZED MANUFACTURERS. 

4 (a) FINDINGS.—Congress finds that— 

5 (1) the utilization of high-end computing simula6 tion and modeling by large-scale government contrac7 tors and Federal research entities has resulted in sub8 stantial improvements in the development of ad9 vanced manufacturing technologies; and 

10 (2) such simulation and modeling would also 

11 benefit small- and medium-sized manufacturers in the 

12 United States if such manufacturers were to deploy 

13 such simulation and modeling throughout their man14 ufacturing chains. 

15 (b) POLICY.—It is the policy of the United States to 

16 take all effective measures practicable to ensure that Federal 

17 programs and policies encourage and contribute to the use 

18 of high-end computing simulation and modeling in the 

19 United States manufacturing sector. 

20 (c) STUDY.— 

21 (1) IN GENERAL.—Not later than 30 days after 

22 the date of the enactment of this Act, the Secretary of 

23 Commerce, in consultation with the Secretary of En24 ergy and the Director of the Office of Science and 

25 Technology Policy, shall carry out, through an inter26 agency consulting process, a study of the barriers to 
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1 the use of high-end computing simulation and mod2 eling by small- and medium-sized manufacturers in 

3 the United States. 

4 (2) FACTORS.—In carrying out the study re5 quired by paragraph (1), the Secretary of Commerce, 

6 in consultation with the Secretary of Energy and the 

7 Director of the Office of Science and Technology Pol8 icy, shall consider the following: 

9 (A) The access of small- and medium-sized 

10 manufacturers in the United States to high-per11 formance computing facilities and resources. 

12 (B) The availability of software and other 

13 applications tailored to meet the needs of such 

14 manufacturers. 

15 (C) Whether such manufacturers employ or 

16 have access to individuals with appropriate ex17 pertise for the use of such facilities and resources. 

18 (D) Whether such manufacturers have access 

19 to training to develop such expertise. 

20 (E) The availability of tools and other 

21 methods to such manufacturers to understand 

22 and manage the costs and risks associated with 

23 transitioning to the use of such facilities and re24 sources. 
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1 (3) REPORT.—Not later than 270 days after the 

2 commencement of the study required by paragraph 

3 (1), the Secretary of Commerce shall, in consultation 

4 with the Secretary of Energy and the Director of the 

5 Office of Science and Technology Policy, submit to 

6 Congress a report on such study. Such report shall in7 clude such recommendations for such legislative or ad8 ministrative action as the Secretary of Commerce 

9 considers appropriate in light of the study to increase 

10 the utilization of high-end computing simulation and 

11 modeling by small- and medium-sized manufacturers 

12 in the United States. 

13 (d) AUTHORIZATION OF DEMONSTRATION AND PILOT

14 PROGRAMS.—As part of the study required by subsection 

15 (c)(1), the Secretary of Commerce, the Secretary of Energy, 

16 and the Director of the Office of Science and Technology 

17 Policy may carry out such demonstration or pilot programs 

18 as either Secretary or the Director considers appropriate 

19 to gather experiential data to evaluate the feasibility and 

20 advisability of a specific program or policy initiative to 

21 reduce barriers to the utilization of high-end computer mod22 eling and simulation by small- and medium-sized manufac23 turers in the United States. 
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1 TITLE VII—NIST GREEN JOBS 

2 SEC. 701. SHORT TITLE. 

3 This title may be cited as the ‘‘NIST Grants for En4 ergy Efficiency, New Job Opportunities, and Business Solu5 tions Act of 2010’’ or the ‘‘NIST GREEN JOBS Act of 

6 2010’’. 

7 SEC. 702. FINDINGS. 

8 Congress finds the following: 

9 (1) Over its 20-year existence, the Hollings Man10 ufacturing Extension Partnership has proven its 

11 value to manufacturers as demonstrated by the result12 ing impact on jobs and the economies of all 50 States 

13 and the Nation as a whole. 

14 (2) The Hollings Manufacturing Extension Part15 nership has helped thousands of companies reinvest in 

16 themselves through process improvement and business 

17 growth initiatives leading to more sales, new markets, 

18 and the adoption of technology to deliver new prod19 ucts and services. 

20 (3) Manufacturing is an increasingly important 

21 part of the construction sector as the industry moves 

22 to the use of more components and factory built sub23 assemblies. 

24 (4) Construction practices must become more ef25 ficient and precise if the United States is to construct 
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1 and renovate its building stock to reduce related car2 bon emissions to levels that are consistent with com3 bating global warming. 

4 (5) Many companies involved in construction are 

5 small, without access to innovative manufacturing 

6 techniques, and could benefit from the type of train7 ing and business analysis activities that the Hollings 

8 Manufacturing Extension Partnership routinely pro9 vides to the Nation’s manufacturers and their supply 

10 chains. 

11 (6) Broadening the competitiveness grant pro12 gram under section 25(f) of the National Institute of 

13 Standards and Technology Act (15 U.S.C. 278k(f)) 

14 could help develop and diffuse knowledge necessary to 

15 capture a large portion of the estimated $100 billion 

16 or more in energy savings if buildings in the United 

17 States met the level and quality of energy efficiency 

18 now found in buildings in certain other countries. 

19 (7) It is therefore in the national interest to ex20 pand the capabilities of the Hollings Manufacturing 

21 Extension Partnership to be supportive of the con22 struction and green energy industries. 
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1 SEC. 703. NATIONAL INSTITUTE OF STANDARDS AND TECH2 NOLOGY COMPETITIVE GRANT PROGRAM. 

3 (a) IN GENERAL.—Section 25(f)(3) of the National In4 stitute of Standards and Technology Act (15 U.S.C. 

5 278k(f)(3)) is amended— 

6 (1) by striking ‘‘to develop’’ in the first sentence 

7 and inserting ‘‘to add capabilities to the MEP pro8 gram, including the development of’’; and 

9 (2) by striking the last sentence and inserting 

10 ‘‘Centers may be reimbursed for costs incurred under 

11 the program. These themes— 

12 ‘‘(A) shall be related to projects designed to 

13 increase the viability both of traditional manu14 facturing sectors and other sectors, such as con15 struction, that increasingly rely on manufac16 turing through the use of manufactured compo17 nents and manufacturing techniques, including 

18 supply chain integration and quality manage19 ment; 

20 ‘‘(B) shall be related to projects related to 

21 the transfer of technology based on the techno22 logical needs of manufacturers and available 

23 technologies from institutions of higher edu24 cation, laboratories, and other technology pro25 ducing entities; and 
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1 ‘‘(C) may extend beyond these traditional 

2 areas to include projects related to construction 

3 industry modernization.’’. 

4 (b) SELECTION.—Section 25(f)(5) of the National In5 stitute of Standards and Technology Act (15 U.S.C. 

6 278k(f)(5)) is amended to read as follows: 

7 ‘‘(5) SELECTION.— 

8 ‘‘(A) IN GENERAL.—Awards under this sec9 tion shall be peer reviewed and competitively 

10 awarded. The Director shall endeavor to select at 

11 least one proposal in each of the 9 statistical di12 visions of the United States (as designated by the 

13 Bureau of the Census). The Director shall select 

14 proposals to receive awards that will— 

15 ‘‘(i) create jobs or train newly hired 

16 employees; 

17 ‘‘(ii) promote technology transfer and 

18 commercialization of environmentally fo19 cused materials, products, and processes; 

20 ‘‘(iii) increase energy efficiency; and 

21 ‘‘(iv) improve the competitiveness of 

22 industries in the region in which the Center 

23 or Centers are located. 
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1 ‘‘(B) ADDITIONAL SELECTION CRITERIA.— 

2 The Director may select proposals to receive 

3 awards that will— 

4 ‘‘(i) encourage greater cooperation and 

5 foster partnerships in the region with simi6 lar Federal, State, and locally funded pro7 grams to encourage energy efficiency and 

8 building technology; and 

9 ‘‘(ii) collect data and analyze the increasing 

10 connection between manufactured products and 

11 manufacturing techniques, the future of construc12 tion practices, and the emerging application of 

13 products from the green energy industries.’’. 

14 (c) OTHER MODIFICATIONS.—Section 25(f) of the Na15 tional Institute of Standards and Technology Act (15 

16 U.S.C. 278k(f)) is amended— 

17 (1) by adding at the end the following: 

18 ‘‘(7) DURATION.—Awards under this section 

19 shall last no longer than 3 years. 

20 ‘‘(8) ELIGIBLE PARTICIPANTS.—In addition to 

21 manufacturing firms eligible to participate in the 

22 Centers program, awards under this subsection may 

23 be used by the Centers to assist small- or medium24 sized construction firms. Centers may be reimbursed 
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1 under the program for working with such eligible par2 ticipants. 

3 ‘‘(9) AUTHORIZATION OF APPROPRIATIONS.—In 

4 addition to any amounts otherwise authorized or ap5 propriated to carry out this section, there are author6 ized to be appropriated to the Secretary of Commerce 

7 $7,000,000 for each of the fiscal years 2011 through 

8 2013 to carry out this subsection.’’. 

9 TITLE VIII—GENERAL 

10 PROVISIONS 

11 SEC. 801. GOVERNMENT ACCOUNTABILITY OFFICE REVIEW. 

12 Not later than May 31, 2013, the Comptroller General 

13 of the United States shall submit a report to the Senate 

14 Committee on Commerce, Science, and Transportation and 

15 the House of Representatives Committee on Science and 

16 Technology that evaluates the status of the programs au17 thorized in this Act, including the extent to which such pro18 grams have been funded, implemented, and are contributing 

19 to achieving the goals of the Act. 

20 SEC. 802. SALARY RESTRICTIONS. 

21 (a) OBSCENE MATTER ON FEDERAL PROPERTY.— 

22 None of the funds authorized under this Act may be used 

23 to pay the salary of any individual who is convicted of vio24 lating section 1460 of title 18, United States Code. 
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1 (b) USE OF FEDERAL COMPUTERS FOR CHILD POR2 NOGRAPHY OR EXPLOITATION OF MINORS.—None of the 

3 funds authorized under this Act may be used to pay the 

4 salary of any individual who is convicted of a violation 

5 of section 2252 of title 18, United States Code. 

6 SEC. 803. ADDITIONAL RESEARCH AUTHORITIES OF THE 

7 FCC. 

8 Title I of the Communications Act of 1934 (47 U.S.C. 

9 151 et seq.) is amended by adding at the end the following: 

10 ‘‘SEC. 12. ADDITIONAL RESEARCH AUTHORITIES OF THE 

11 FCC. 

12 ‘‘In order to carry out the purposes of this Act, the 

13 Commission may— 

14 ‘‘(1) undertake research and development work 

15 in connection with any matter in relation to which 

16 the Commission has jurisdiction; and 

17 ‘‘(2) promote the carrying out of such research 

18 and development by others, or otherwise to arrange 

19 for such research and development to be carried out 

20 by others.’’. 
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1 TITLE IX—DEPARTMENT OF 

2 ENERGY 

3 SEC. 901. SCIENCE, ENGINEERING, AND MATHEMATICS EDU4 CATION PROGRAMS. 

5 (a) IN GENERAL.—Sections 3171, 3175, and 3191 of 

6 the Department of Energy Science Education Enhancement 

7 Act (42 U.S.C. 7381h, 7381j, 7381p) are repealed. 

8 (b) AUTHORIZATION OF APPROPRIATIONS FOR SUM9 MER INSTITUTES.—Section 3185(f) of the Department of 

10 Energy Science Education Enhancement Act (42 U.S.C. 

11 7381n(f)) is amended— 

12 (1) in paragraph (2), by striking ‘‘and’’ at the 

13 end; 

14 (2) in paragraph (3), by striking the period at 

15 the end and inserting ‘‘; and’’; and 

16 (3) by adding at the end the following: 

17 ‘‘(4) $25,000,000 for each of fiscal years 2011 

18 through 2013.’’. 

19 (c) CONFORMING AMENDMENTS.— 

20 (1) Subpart B of the Department of Energy 

21 Science Education Enhancement Act (42 U.S.C. 

22 7381g et seq.) is amended by striking chapters 1, 2, 

23 and 5 (42 U.S.C. 7381h, 7381j, 7381p). 

24 (2) Section 3195 of the Department of Energy 

25 Science Education Enhancement Act (42 U.S.C. 
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1 7381r) is amended by striking ‘‘chapters 1, 3, and 4’’ 

2 each place it appears and inserting ‘‘chapters 3 and 

3 4’’. 

4 SEC. 902. ENERGY RESEARCH PROGRAMS. 

5 (a) NUCLEAR SCIENCE TALENT PROGRAM.—Section 

6 5004(f) of the America COMPETES Act (42 U.S.C. 

7 16532(f)) is amended— 

8 (1) in paragraph (1)— 

9 (A) in subparagraph (B), by striking ‘‘and’’ 

10 at the end; 

11 (B) in subparagraph (C), by striking the 

12 period at the end and inserting a semicolon; and 

13 (C) by adding at the end the following: 

14 ‘‘(D) $9,800,000 for fiscal year 2011; 

15 ‘‘(E) $10,100,000 for fiscal year 2012; and 

16 ‘‘(F) $10,400,000 for fiscal year 2013.’’; and 

17 (2) in paragraph (2)— 

18 (A) in subparagraph (B), by striking ‘‘and’’ 

19 at the end; 

20 (B) in subparagraph (C), by striking the 

21 period at the end and inserting a semicolon; and 

22 (C) by adding at the end the following: 

23 ‘‘(D) $8,240,000 for fiscal year 2011; 

24 ‘‘(E) $8,500,000 for fiscal year 2012; and 

25 ‘‘(F) $8,750,000 for fiscal year 2013.’’. 
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1 (b) HYDROCARBON SYSTEMS SCIENCE TALENT PRO2 GRAM.—Section 5005 of the America COMPETES Act (42 

3 U.S.C. 16533) is amended— 

4 (1) in subsection (b)(2)— 

5 (A) in subparagraph (H), by striking 

6 ‘‘and’’ at the end; 

7 (B) in subparagraph (I), by striking the pe8 riod at the end and inserting ‘‘; and’’; and 

9 (C) by adding at the end the following: 

10 ‘‘(J) hydrocarbon spill response and remedi11 ation.’’; and 

12 (2) in subsection (f)(1)— 

13 (A) in subparagraph (B), by striking 

14 ‘‘and’’; 

15 (B) in subparagraph (C), by striking the 

16 period at the end and inserting a semicolon; and 

17 (C) by adding at the end the following: 

18 ‘‘(D) $9,800,000 for fiscal year 2011; 

19 ‘‘(E) $10,000,000 for fiscal year 2012; and 

20 ‘‘(F) $10,400,000 for fiscal year 2013.’’. 

21 (c) EARLY CAREER AWARDS.—Section 5006(h) of the 

22 America COMPETES Act (42 U.S.C. 16534(h)) is amended 

23 by striking ‘‘2010’’ and inserting ‘‘2013’’. 

24 (d) PROTECTING AMERICA’S COMPETITIVE EDGE

25 (PACE) GRADUATE FELLOWSHIP PROGRAM.—Section 
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1 5009(f) of the America COMPETES Act (42 U.S.C. 

2 16536(f)) is amended— 

3 (1) in paragraph (2), by striking ‘‘and’’ at the 

4 end; 

5 (2) in paragraph (3), by striking the period at 

6 the end and inserting a semicolon; and 

7 (3) by adding at the end the following: 

8 ‘‘(4) $20,600,000 for fiscal year 2011; 

9 ‘‘(5) $21,200,000 for fiscal year 2012; and 

10 ‘‘(6) $21,900,000 for fiscal year 2013.’’. 

11 (e) DISTINGUISHED SCIENTIST PROGRAM.—Section 

12 5011(j) of the America COMPETES Act (42 U.S.C. 

13 16537(j)) is amended— 

14 (1) in paragraph (2), by striking ‘‘and’’ at the 

15 end; 

16 (2) in paragraph (3), by striking the period at 

17 the end and inserting a semicolon; and 

18 (3) by adding at the end the following: 

19 ‘‘(4) $31,000,000 for fiscal year 2011; 

20 ‘‘(5) $32,000,000 for fiscal year 2012; and 

21 ‘‘(6) $33,000,000 for fiscal year 2013.’’. 

22 SEC. 903. BASIC RESEARCH. 

23 Section 971(b) of the Energy Policy Act of 2005 (42 

24 U.S.C. 16311(b)) is amended— 
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1 (1) in paragraph (3), by striking ‘‘and’’ at the 

2 end; 

3 (2) in paragraph (4), by striking the period at 

4 the end and inserting a semicolon; and 

5 (3) by adding at the end the following: 

6 ‘‘(5) $5,247,000,000 for fiscal year 2011; 

7 ‘‘(6) $5,614,000,000 for fiscal year 2012; and 

8 ‘‘(7) $6,007,000,000 for fiscal year 2013.’’. 

9 SEC. 904. ADVANCED RESEARCH PROJECTS AGENCY-EN10 ERGY. 

11 Section 5012 of the America COMPETES Act (42 

12 U.S.C. 16538) is amended— 

13 (1) in subsection (a)(3), by striking ‘‘subsection 

14 (m)(1)’’ and inserting ‘‘subsection (n)(1)’’; 

15 (2) in subsection (c)(2)(A), by inserting ‘‘and 

16 applied’’ after ‘‘advances in fundamental’’; 

17 (3) in subsection (e)— 

18 (A) in paragraph (3)— 

19 (i) by striking subparagraph (C) and 

20 inserting the following: 

21 ‘‘(C) research and development of advanced 

22 manufacturing process and technologies for the 

23 domestic manufacturing of novel energy tech24 nologies; and’’; and 
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1 (ii) in subparagraph (D), by striking 

2 ‘‘and’’ after the semicolon at the end; 

3 (B) in paragraph (4), by striking the period 

4 at the end and inserting ‘‘; and’’; and 

5 (C) by adding at the end the following: 

6 ‘‘(5) pursuant to subsection (c)(2)(C)— 

7 ‘‘(A) ensuring that applications for funding 

8 disclose the extent of current and prior efforts, 

9 including monetary investments as appropriate, 

10 in pursuit of the technology area for which fund11 ing is being requested; 

12 ‘‘(B) adopting measures to ensure that, in 

13 making awards, program managers adhere to the 

14 purposes of subsection (c)(2)(C); and 

15 ‘‘(C) providing as part of the annual report 

16 required by subsection (h)(1) a summary of the 

17 instances of and reasons for ARPA–E funding 

18 projects in technology areas already being under19 taken by industry.’’; 

20 (4) by redesignating subsections (f) through (m) 

21 as subsections (g) through (n), respectively; 

22 (5) by inserting after subsection (e) the following: 

23 ‘‘(f) AWARDS.—In carrying out this section, the Direc24 tor may provide awards in the form of grants, contracts, 
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1 cooperative agreements, cash prizes, and other trans2 actions.’’; 

3 (6) in subsection (g) (as redesignated by para4 graph (4))— 

5 (A) by redesignating paragraphs (1) and 

6 (2) as paragraphs (2) and (3), respectively; 

7 (B) by inserting before paragraph (2) (as 

8 redesignated by subparagraph (A)) the following: 

9 ‘‘(1) IN GENERAL.—The Director shall establish 

10 and maintain within ARPA–E a staff with sufficient 

11 qualifications and expertise to enable ARPA–E to 

12 carry out the responsibilities of ARPA–E under this 

13 section in conjunction with other operations of the 

14 Department.’’; 

15 (C) in paragraph (2) (as redesignated by 

16 subparagraph (A))— 

17 (i) in the paragraph heading, by strik18 ing ‘‘PROGRAM MANAGERS’’ and inserting 

19 ‘‘PROGRAM DIRECTORS’’; 

20 (ii) in subparagraph (A), by striking 

21 ‘‘program managers for each of’’ and insert22 ing ‘‘program directors for’’; 

23 (iii) in subparagraph (B)— 
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1 (I) in the matter preceding clause 

2 (i), by striking ‘‘program manager’’ 

3 and inserting ‘‘program director’’; 

4 (II) in clause (iv), by striking ‘‘, 

5 with advice under subsection (j) as ap6 propriate,’’; 

7 (III) by redesignating clauses (v) 

8 and (vi) as clauses (vi) and (viii), re9 spectively; 

10 (IV) by inserting after clause (iv) 

11 the following: 

12 ‘‘(v) identifying innovative cost-shar13 ing arrangements for ARPA–E projects, in14 cluding through use of the authority pro15 vided under section 988(b)(3) of the Energy 

16 Policy Act of 2005 (42 U.S.C. 

17 16352(b)(3));’’; 

18 (V) in clause (vi) (as redesignated 

19 by subclause (III)), by striking ‘‘; and’’ 

20 and inserting a semicolon; and 

21 (VI) by inserting after clause (vi) 

22 (as redesignated by subclause (III)) the 

23 following: 

24 ‘‘(vii) identifying mechanisms for com25 mercial application of successful energy 
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1 technology development projects, including 

2 through establishment of partnerships be3 tween awardees and commercial entities; 

4 and’’; 

5 (iv) in subparagraph (C), by inserting 

6 ‘‘not more than’’ after ‘‘shall be’’; and 

7 (D) in paragraph (3) (as redesignated by 

8 subparagraph (A))— 

9 (i) in subparagraph (A)— 

10 (I) in clause (i), by striking 

11 ‘‘and’’ after the semicolon at the end; 

12 and 

13 (II) by striking clause (ii) and in14 serting the following: 

15 ‘‘(ii) fix the basic pay of such per16 sonnel at a rate to be determined by the Di17 rector at rates not in excess of Level II of 

18 the Executive Schedule (EX–II) without re19 gard to the civil service laws; and 

20 ‘‘(iii) pay any employee appointed 

21 under this subpart payments in addition to 

22 basic pay, except that the total amount of 

23 additional payments paid to an employee 

24 under this subpart for any 12-month period 
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1 shall not exceed the least of the following 

2 amounts: 

3 ‘‘(I) $25,000. 

4 ‘‘(II) The amount equal to 25 per5 cent of the annual rate of basic pay of 

6 the employee. 

7 ‘‘(III) The amount of the limita8 tion that is applicable for a calendar 

9 year under section 5307(a)(1) of title 

10 5, United States Code.’’; 

11 (ii) in subparagraph (B), by striking 

12 ‘‘not less than 70, and not more than 120,’’ 

13 and inserting ‘‘not more than 120’’; 

14 (7) in subsection (h)(2) (as redesignated by 

15 paragraph (4))— 

16 (A) by striking ‘‘2008’’ and inserting 

17 ‘‘2010’’; and 

18 (B) by striking ‘‘2011’’ and 

19 inserting’’2013’’; 

20 (8) by striking subsection (j) (as redesignated by 

21 paragraph (4)) and inserting the following: 

22 ‘‘(j) FEDERAL DEMONSTRATION OF TECHNOLOGIES.— 

23 The Director shall seek opportunities to partner with pur24 chasing and procurement programs of Federal agencies to 
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1 demonstrate energy technologies resulting from activities 

2 funded through ARPA–E.’’; 

3 (9) in subsection (l) (as redesignated by para4 graph (4))— 

5 (A) in paragraph (1), by striking ‘‘4 years’’ 

6 and inserting’’ 6 years’’; and 

7 (B) in paragraph (2)(B), by inserting ‘‘, 

8 and the manner in which those lessons may 

9 apply to the operation of other programs of the 

10 Department’’ after ‘‘ARPA–E’’; and 

11 (10) in subsection (n) (as redesignated by para12 graph (4))— 

13 (A) in paragraph (2)— 

14 (i) in subparagraph (A), by striking 

15 ‘‘and’’ after the semicolon at the end; 

16 (ii) in subparagraph (B), by striking 

17 the period at the end and inserting a semi18 colon; and 

19 (iii) by adding at the end the fol20 lowing: 

21 ‘‘(C) $300,000,000 for fiscal year 2011; 

22 ‘‘(D) $306,000,000 for fiscal year 2012; and 

23 ‘‘(E) $312,000,000 for fiscal year 2013.’’; 

24 (B) by striking paragraph (4); 
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1 (C) by redesignating paragraph (5) as 

2 paragraph (4); and 

3 (D) in paragraph (4)(B) (as redesignated 

4 by subparagraph (C))— 

5 (i) by striking ‘‘2.5 percent’’ and in6 serting ‘‘5 percent’’; and 

7 (ii) by inserting ‘‘, consistent with the 

8 goal described in subsection (c)(2)(D) and 

9 within the responsibilities of program direc10 tors described in subsection (g)(2)(B)(vii)’’ 

11 after ‘‘outreach activities’’. 

12 TITLE X—EDUCATION 

13 SEC. 1001. REFERENCES. 

14 Except as otherwise expressly provided, wherever in 

15 this title an amendment or repeal is expressed in terms of 

16 an amendment to, or repeal of, a section or other provision, 

17 the reference shall be considered to be made to a section or 

18 other provision of the America COMPETES Act (Public 

19 Law 110–69). 

20 SEC. 1002. REPEALS AND CONFORMING AMENDMENTS. 

21 (a) REPEALS.—The following provisions of the Act are 

22 repealed: 

23 (1) Section 6001 (20 U.S.C. 9801). 

24 (2) Part III of subtitle A of title VI (20 U.S.C. 

25 9841). 
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1 (3) Subtitle B of title VI (20 U.S.C. 9851 et seq.) 

2 (4) Subtitle C of title VI (20 U.S.C. 9861 et 

3 seq.). 

4 (5) Subtitle E of title VI (20 U.S.C. 9881 et 

5 seq.). 

6 (b) CONFORMING AMENDMENTS.—The Act is amend7 ed— 

8 (1) by redesignating section 6002 (20 U.S.C. 

9 9802) as section 6001; 

10 (2) by redesignating subtitle D of title VI (20 

11 U.S.C. 9871) as subtitle B of title VI; and 

12 (3) by redesignating section 6401 (20 U.S.C. 

13 9871) as section 6201. 

14 SEC. 1003. AUTHORIZATIONS OF APPROPRIATIONS AND 

15 MATCHING REQUIREMENT. 

16 (a) TEACHERS FOR A COMPETITIVE TOMORROW.—Sec17 tion 6116 (20 U.S.C. 9816) is amended to read as follows: 

18 ‘‘SEC. 6116. AUTHORIZATION OF APPROPRIATIONS. 

19 ‘‘There are authorized to be appropriated to carry out 

20 this part $4,000,000 for each of fiscal years 2011 through 

21 2013, of which— 

22 ‘‘(1) $2,000,000 shall be available to carry out 

23 section 6113 for each of fiscal years 2011 through 

24 2013; and 
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1 ‘‘(2) $2,000,000 shall be available to carry out 

2 section 6114 for each of fiscal years 2011 through 

3 2013.’’. 

4 (b) ADVANCED PLACEMENT AND INTERNATIONAL BAC5 CALAUREATE PROGRAMS AND MATCHING REQUIREMENT.— 

6 Section 6123 (20 U.S.C. 9833) is amended— 

7 (1) in subsection (h)(1)— 

8 (A) by striking ‘‘100’’ and inserting ‘‘50’’; 

9 and 

10 (B) by striking ‘‘200’’ and inserting ‘‘100’’; 

11 and 

12 (2) by striking subsection (l) and inserting the 

13 following: 

14 ‘‘(l) AUTHORIZATION OF APPROPRIATIONS.—There are 

15 authorized to be appropriated to carry out this section 

16 $75,000,000 for each of fiscal years 2011 through 2013.’’. 

17 (c) ALIGNMENT OF EDUCATION PROGRAMS.—Section 

18 6201(j), as redesignated by section 1002(b)(3), is amended 

19 to read as follows: 
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1 ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—There are 

2 authorized to be appropriated to carry out this section 

3 $120,000,000 for each of fiscal years 2011 and 2012.’’. 

Attest: 

Secretary. 
111TH CONGRESS 

2D SESSION H. R. 5116 

AMENDMENT