II 

111TH CONGRESS 

2D SESSION S. 3605 

To invest in innovation through research and development, to improve the 

competitiveness of the United States, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 15, 2010 

Mr. ROCKEFELLER introduced the following bill; which was read twice and 

referred to the Committee on Commerce, Science, and Transportation 

A BILL 

To invest in innovation through research and development, 

to improve the competitiveness of the United States, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘America COMPETES Reauthorization Act of 2010’’ or 

6 the ‘‘America Creating Opportunities to Meaningfully Pro7 mote Excellence in Technology, Education, and Science 

8 Reauthorization Act of 2010’’. 

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

10 this Act is as follows: 


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Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

TITLE I—OFFICE OF SCIENCE AND TECHNOLOGY POLICY 

Sec. 101. National innovation and competitiveness strategy. 

Sec. 102. Coordination of Federal STEM education. 

Sec. 103. Cyberinfrastructure improvement study. 

Sec. 104. Interagency public access committee. 

Sec. 105. Federal scientific collections. 

Sec. 106. 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. International Space Station’s contribution to national competitiveness 

enhancement. 

Sec. 204. Definitions. 

TITLE III—OCEAN AND ATMOSPHERIC PROGRAMS 

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

Sec. 302. Ocean 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. Cybersecurity competition and challenge. 

Sec. 410. Definitions. 

TITLE V—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. Green chemistry basic research. 

Sec. 510. Graduate student support. 

Sec. 511. Robert Noyce teacher scholarship program. 

Sec. 512. Undergraduate broadening participation program. 

Sec. 513. Research experiences for high school students. 


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Sec. 514. Research experiences for undergraduates. 

Sec. 515. STEM industry internship programs. 

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

Sec. 517. Federal cybersecurity research and development. 

Sec. 518. Federal cyber scholarship-for-service program. 

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. Science and research parks. 

TITLE VII—GENERAL PROVISIONS 

Sec. 701. Government Accountability Office review. 

Sec. 702. Salary restrictions. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) DIRECTOR.— 

4 (A) In title I, the term ‘‘Director’’ means 

5 the Director of the Office of Science and Tech6 nology Policy. 

7 (B) In title V, the term ‘‘Director’’ means 

8 the Director of the National Institute of Science 

9 and Technology. 

10 (2) STEM.—The term ‘‘STEM’’ means the 

11 academic and professional disciplines of science, 

12 technology, engineering, and mathematics. 

13 TITLE I—OFFICE OF SCIENCE 

14 AND TECHNOLOGY POLICY 

15 SEC. 101. NATIONAL INNOVATION AND COMPETITIVENESS 

16 STRATEGY. 

17 Not later than one year after the date of the enact18 ment of this Act, the Director of the Office of Science and 


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1 Technology Policy shall submit to Congress and the Presi2 dent a national innovation and competitiveness strategy 

3 for strengthening the innovative and competitive capacity 

4 of the Federal Government, State and local governments, 

5 institutions of higher education, and the private sector 

6 that includes— 

7 (1) proposed legislative changes and action; 

8 (2) proposed actions to be taken collectively by 

9 executive agencies, including White House offices; 

10 (3) proposed actions to be taken by individual 

11 executive agencies, including White House offices; 

12 and 

13 (4) a proposal for metrics-based monitoring and 

14 oversight of the progress of the Federal Government 

15 with respect to improving conditions for the innova16 tion occurring in and the competitiveness of the 

17 United States. 

18 SEC. 102. COORDINATION OF FEDERAL STEM EDUCATION. 

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

20 committee under the National Science and Technology 

21 Council, including the Office of Management and Budget, 

22 with the responsibility to coordinate Federal programs and 

23 activities in support of STEM education, including at the 

24 National Science Foundation, the Department of Energy, 

25 the National Aeronautics and Space Administration, the 


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1 National Oceanic and Atmospheric Administration, the 

2 Department of Education, and all other Federal agencies 

3 that have programs and activities in support of STEM 

4 education. 

5 (b) RESPONSIBILITIES.—The committee established 

6 under subsection (a) shall— 

7 (1) coordinate the STEM education activities 

8 and programs of the Federal agencies; 

9 (2) coordinate STEM education activities and 

10 programs with the Office of Management and Budg11 et; 

12 (3) review STEM education activities and pro13 grams to ensure they are not duplicative of similar 

14 efforts within the Federal government; 

15 (4) develop, implement through the partici16 pating agencies, and update once every 5 years a 5- 

17 year STEM education strategic plan, which shall— 

18 (A) specify and prioritize annual and long19 term objectives; 

20 (B) specify the common metrics that will 

21 be used to assess progress toward achieving the 

22 objectives; 

23 (C) describe the approaches that will be 

24 taken by each participating agency to assess the 


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1 effectiveness of its STEM education programs 

2 and activities; and 

3 (D) with respect to subparagraph (A), de4 scribe the role of each agency in supporting 

5 programs and activities designed to achieve the 

6 objectives; and 

7 (5) establish, periodically update, and maintain 

8 an inventory of federally sponsored STEM education 

9 programs and activities, including documentation of 

10 assessments of the effectiveness of such programs 

11 and activities and rates of participation by women, 

12 underrepresented minorities, and persons in rural 

13 areas in such programs and activities. 

14 (b) RESPONSIBILITIES OF OSTP.—The Director 

15 shall encourage and monitor the efforts of the partici16 pating agencies to ensure that the strategic plan under 

17 subsection (b)(2) is developed and executed effectively and 

18 that the objectives of the strategic plan are met. 

19 (c) REPORT.—The Director shall transmit a report 

20 annually to Congress at the time of the President’s budget 

21 request describing the plan required under subsection 

22 (b)(2). The annual report shall include— 

23 (1) a description of the STEM education pro24 grams and activities for the previous and current fis25 cal years, and the proposed programs and activities 


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1 under the President’s budget request, of each par2 ticipating Federal agency; 

3 (2) the levels of funding for each participating 

4 Federal agency for the programs and activities de5 scribed under paragraph (1) for the previous fiscal 

6 year and under the President’s budget request; 

7 (3) an evaluation of the levels of duplication 

8 and fragmentation of the programs and activities de9 scribed under paragraph (1); 

10 (4) except for the initial annual report, a de11 scription of the progress made in carrying out the 

12 implementation plan, including a description of the 

13 outcome of any program assessments completed in 

14 the previous year, and any changes made to that 

15 plan since the previous annual report; and 

16 (5) a description of how the participating Fed17 eral agencies will disseminate information about fed18 erally supported resources for STEM education 

19 practitioners, including teacher professional develop20 ment programs, to States and to STEM education 

21 practitioners, including to teachers and administra22 tors in schools that meet the criteria described in 

23 subsection (c)(1)(A) and (B) of section 3175 of the 

24 Department of Energy Science Education Enhance25 ment Act (42 U.S.C. 7381j(c)(1)(A) and (B)). 


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1 SEC. 103. CYBERINFRASTRUCTURE IMPROVEMENT STUDY. 

2 (a) IN GENERAL.—The President’s Innovation and 

3 Technology Advisory Committee, in coordination with the 

4 Office of Science and Technology Policy and the national 

5 coordination office of the Networking and Information 

6 Technology Research and Development Program, shall 

7 conduct a comprehensive study of the status of programs 

8 supporting innovation-enabling cyberinfrastructure of re9 gional, thematic, or technological importance in States 

10 that historically have received relatively little Federal re11 search and development funding. 

12 (b) CONTENTS.—The study shall include— 

13 (1) include a review of the previous 5 years of 

14 EPSCoR Research Infrastructure Improvement Pro15 gram applications and awards and shall evaluate— 

16 (A) the demand for hardware, software, 

17 network capability and capacity, institutions, 

18 and expertise related to cyberinfrastructure at 

19 institutions in EPSCoR States; and 

20 (B) the success of RII Track-2 awards in 

21 achieving the programmatic goals outlined by the 

22 National Science Foundation; 

23 (2) an analysis of the effectiveness of the Na24 tional Institutes of Health IDeANet initiative in 

25 broadening access to high-performance computa26 tional resources; and 


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1 (3) recommendations for ensuring accessibility 

2 and vitality of cyberinfrastructure for scientific re3 search and education. 

4 (c) REPORT.—The Committee shall submit a report 

5 containing its findings, conclusions, and recommendations 

6 to the Senate Committee on Commerce, Science, and 

7 Transportation and the House of Representatives Com8 mittee on Science and Technology within 180 days after 

9 the date of enactment of this Act. 

10 SEC. 104. INTERAGENCY PUBLIC ACCESS COMMITTEE. 

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

12 working group under the National Science and Technology 

13 Council with the responsibility to coordinate Federal 

14 science agency research and policies related to the dissemi15 nation and long-term stewardship of the results of unclas16 sified research, including digital data and peer-reviewed 

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

18 funding from the Federal science agencies. 

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

20 (1) identify the specific objectives and public in21 terest being addressed by any policies coordinated 

22 under (a) that are not or cannot be made to meet 

23 the needs of the private sector; 

24 (2) take into account inherent variability among 

25 Federal science agencies and scientific disciplines in 


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1 the nature of research, types of data, and dissemina2 tion models; 

3 (3) coordinate the development or designation 

4 of standards for research data, the structure of full 

5 text and metadata, navigation tools, and other appli6 cations to maximize interoperability across Federal 

7 science agencies, across science and engineering dis8 ciplines, and between research data and scholarly 

9 publications, taking into account existing consensus 

10 standards, including international standards; 

11 (4) coordinate Federal science agency programs 

12 and activities that support research and education 

13 on tools and systems required to ensure preservation 

14 and stewardship of all forms of digital research data, 

15 including scholarly publications; 

16 (5) work with international science and tech17 nology counterparts to maximize interoperability be18 tween United States based unclassified research 

19 databases and international databases and reposi20 tories; 

21 (6) solicit input and recommendations from, 

22 and collaborate with, non-Federal stakeholders, in23 cluding the public, universities, nonprofit and for24 profit publishers, libraries, federally funded and non25 federally funded research scientists, and other orgaVerDate Mar 15 2010 23:53 Jul 16, 2010 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S3605.IS S3605

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1 nizations and institutions with a stake in long term 

2 preservation and access to the results of federally 

3 funded research; 

4 (7) establish priorities for coordinating the de5 velopment of any Federal science agency policies re6 lated to public access to the results of federally 

7 funded research to maximize the benefits of such 

8 policies with respect to their potential economic or 

9 other impact on, the science and engineering enter10 prise and the stakeholders thereof; 

11 (8) take into consideration the distinction be12 tween scholarly publications and digital data; 

13 (9) the role that scientific publishers play in the 

14 peer review process in ensuring the integrity of the 

15 record of scientific research, including the invest16 ments and added value that they make; and 

17 (10) examine Federal agency practices and pro18 cedures for providing research reports to the agen19 cies charged with locating and preserving unclassi20 fied research. 

21 (c) PATENT OR COPYRIGHT LAW.—Nothing in this 

22 section shall be construed to undermine any right under 

23 the provisions of title 17 or 35, United States Code. 

24 (d) APPLICATION WITH EXISTING LAW.—Nothing 

25 defined in section (b) shall be construed to affect existing 


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1 law with respect to federal science agencies’ policies re2 lated to public access. 

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

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

5 transmit a report to Congress describing— 

6 (1) the specific objectives and public interest 

7 identified under (b)(1); 

8 (2) any priorities established under subsection 

9 (b)(7); 

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

11 have had on the science and engineering enterprise 

12 and the stakeholders, including the financial impact 

13 on research budgets; 

14 (4) the status of any Federal science agency 

15 policies related to public access to the results of fed16 erally funded research; and 

17 (5) how any policies developed or being devel18 oped by Federal science agencies, as described in 

19 subsection (a), incorporate input from the non-Fed20 eral stakeholders described in subsection (b)(6). 

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

22 purposes of this section, the term ‘‘Federal science agen23 cy’’ means any Federal agency with an annual extramural 

24 research expenditure of over $100,000,000. 


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1 SEC. 105. FEDERAL SCIENTIFIC COLLECTIONS. 

2 (a) MANAGEMENT OF SCIENTIFIC COLLECTIONS.— 

3 The Office of Science and Technology Policy shall develop 

4 policies for the management and use of Federal scientific 

5 collections to improve the quality, organization, access, in6 cluding online access, and long-term preservation of such 

7 collections for the benefit of the scientific enterprise. . In 

8 developing those policies the Office of Science and Tech9 nology Policy shall consult, as appropriate, with— 

10 (1) Federal agencies with such collections; and 

11 (2) representatives of other organizations, insti12 tutions, and other entities not a part of the Federal 

13 Government that have a stake in the preservation, 

14 maintenance, and accessibility of such collections, in15 cluding State and local government agencies, institu16 tions of higher education, museums, and other enti17 ties engaged in the acquisition, holding, manage18 ment, or use of scientific collections. 

19 (b) CLEARINGHOUSE.—The Office of Science and 

20 Technology Policy, in consultation with relevant Federal 

21 agencies, shall ensure the development of an online clear22 inghouse for information on the contents of and access 

23 to Federal scientific collections. 

24 (c) DISPOSAL OF COLLECTIONS.—The policies devel25 oped under subsection (a) shall— 


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

2 collection, a Federal agency shall— 

3 (A) conduct a review of the research value 

4 of the collection; and 

5 (B) consult with researchers who have 

6 used the collection, and other potentially inter7 ested parties, concerning— 

8 (i) the collection’s value for research 

9 purposes; and 

10 (ii) possible additional educational 

11 uses for the collection; and 

12 (2) include procedures for Federal agencies to 

13 transfer scientific collections they no longer need to 

14 researchers at institutions or other entities qualified 

15 to manage the collections. 

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

17 Technology Policy, in consultation with relevant Federal 

18 agencies, shall develop a common set of methodologies to 

19 be used by Federal agencies for the assessment and pro20 jection of costs associated with the management and pres21 ervation of their scientific collections. 

22 (e) SCIENTIFIC COLLECTION DEFINED.—In this sec23 tion, the term ‘‘scientific collection’’ means a set of phys24 ical specimens, living or inanimate, created for the purpose 

25 of supporting science and serving as a long-term research 


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1 asset, rather than for their market value as collectibles 

2 or their historical, artistic, or cultural significance, and, 

3 as appropriate and feasible, the associated specimen data 

4 and materials. 

5 SEC. 106. PRIZE COMPETITIONS. 

6 The Stevenson-Wydler Technology Innovation Act of 

7 1980 (15 U.S.C. 3701 et seq.) is amended by adding at 

8 the end the following: 

9 ‘‘SEC. 24. PRIZE COMPETITIONS. 

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

11 ‘‘(1) AGENCY.—The term ‘agency’ means a 

12 Federal agency. 

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

14 the Director of the Office of Science and Technology 

15 Policy. 

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

17 agency’ has the meaning given under section 4, ex18 cept that term shall not include any agency of the 

19 legislative branch of the Federal Government. 

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

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

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

23 heads of multiple agencies in cooperation, may carry out 

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1 vation that has the potential to advance the mission of 

2 the respective agency. 

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

4 may be one or more of the following: 

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

6 spurs the development of solutions for a particular, 

7 well-defined problem. 

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

9 promote a broad range of ideas and practices that 

10 may not otherwise attract attention, facilitating fur11 ther development of the idea or practice by third 

12 parties. 

13 ‘‘(3) Participation prizes that create value dur14 ing and after the competition by encouraging con15 testants to change their behavior or develop new 

16 skills that may have beneficial effects during and 

17 after the competition. 

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

19 an agency considers appropriate to stimulate innova20 tion that has the potential to advance the mission of 

21 the respective agency. 

22 ‘‘(d) TOPICS.—In selecting topics for prize competi23 tions, the head of an agency shall consult widely both with24 in and outside the Federal Government, and may empanel 

25 advisory committees. 


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1 ‘‘(e) ADVERTISING.—The head of an agency shall 

2 widely advertise each prize competition to encourage broad 

3 participation. 

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

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

6 notice in the Federal Register announcing— 

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

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

9 the competition; 

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

11 the competition; 

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

13 ‘‘(5) the basis on which a winner will be se14 lected. 

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

16 under this section, an individual or entity— 

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

18 competition under any rules promulgated by the 

19 head of an agency under subsection (f); 

20 ‘‘(2) shall have complied with all the require21 ments under this section; 

22 ‘‘(3) in the case of a private entity, shall be in23 corporated in and maintain a primary place of busi24 ness in the United States, and in the case of an in25 dividual, whether participating singly or in a group, 


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1 shall be a citizen or permanent resident of the 

2 United States; and 

3 ‘‘(4) may not be a Federal entity or Federal 

4 employee acting within the scope of their employ5 ment. 

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

7 An individual or entity shall not be deemed ineligible 

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

9 Federal facilities or consulted with Federal employees dur10 ing a competition if the facilities and employees are made 

11 available to all individuals and entities participating in the 

12 competition 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, 

25 death, damage, or loss of property, revenue, or 


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1 profits, whether direct, indirect, or consequen2 tial, arising from their participation in a com3 petition, whether the injury, death, damage, or 

4 loss arises through negligence or otherwise. 

5 ‘‘(2) INSURANCE.—Participants shall be re6 quired to obtain liability insurance or demonstrate 

7 financial responsibility, in amounts determined by 

8 the head of 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 participa12 tion in a competition, with the Federal Govern13 ment named as an additional insured under the 

14 registered participant’s insurance policy and 

15 registered participants agreeing to indemnify 

16 the Federal Government against third party 

17 claims for damages arising from or related to 

18 competition activities; and 

19 ‘‘(B) the Federal Government for damage 

20 or loss to Government property resulting from 

21 such 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 in2 formation 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 par9 ticipant. 

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

11 negotiate a license for the use of intellectual prop12 erty 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 

24 in, or be an employee, officer, director, or agent 


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1 of any entity that is a registered participant in 

2 a 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 oper10 ate in a transparent manner. 

11 ‘‘(4) EXEMPTION FROM FACA.—The Federal 

12 Advisory Committee Act (5 U.S.C. App.) shall not 

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

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

15 purpose of judging prize competitions under this sec16 tion. 

17 ‘‘(l) ADMINISTERING THE COMPETITION.—The head 

18 of an agency may enter into an agreement with a private, 

19 nonprofit entity to administer a prize competition, subject 

20 to the provisions of this section. 

21 ‘‘(m) FUNDING.— 

22 ‘‘(1) IN GENERAL.—Support for a prize com23 petition under this section, including financial sup24 port for the design and administration of a prize or 

25 funds for a monetary prize purse, may consist of 


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1 Federal appropriated funds and funds provided by 

2 the private sector for such cash prizes. The head of 

3 an agency may accept funds from other Federal 

4 agencies to support such competitions. The head of 

5 an agency may not give any special consideration to 

6 any private sector entity in return for a donation. 

7 ‘‘(2) AVAILABILITY OF FUNDS.—Notwith8 standing any other provision of law, funds appro9 priated for prize awards under this section shall re10 main available until expended, and may be trans11 ferred, reprogrammed, or expended for other pur12 poses only after the expiration of 10 fiscal years 

13 after the fiscal year for which the funds were origi14 nally appropriated. No provision in this section per15 mits obligation or payment of funds in violation of 

16 section 1341 of title 31, United States Code. 

17 ‘‘(3) AMOUNT OF PRIZE.— 

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

19 announced under subsection (f) until all the 

20 funds needed to pay out the announced amount 

21 of the prize have been appropriated or com22 mitted in writing by a private source. 

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

24 an agency may increase the amount of a prize 


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1 after an initial announcement is made under 

2 subsection (f) only if— 

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

4 in the same manner as the initial notice of 

5 the prize; and 

6 ‘‘(ii) the funds needed to pay out the 

7 announced amount of the increase have 

8 been appropriated or committed in writing 

9 by a private source. 

10 ‘‘(4) LIMITATION ON AMOUNT.— 

11 ‘‘(A) NOTICE TO CONGRESS.—No prize 

12 competition under this section may offer a prize 

13 in an amount greater than $50,000,000 unless 

14 30 days have elapsed after written notice has 

15 been transmitted to the Committee on Com16 merce, Science, and Transportation of the Sen17 ate and the Committee on Science and Tech18 nology of the House of Representatives. 

19 ‘‘(B) APPROVAL OF HEAD OF AGENCY.— 

20 No prize competition under this section may re21 sult in the award of more than $1,000,000 in 

22 cash prizes without the approval of the head of 

23 an agency. 

24 ‘‘(n) GENERAL SERVICE ADMINISTRATION ASSIST25 ANCE.—Not later than 180 days after the date of the enVerDate Mar 15 2010 23:53 Jul 16, 2010 Jkt 089200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\S3605.IS S3605

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1 actment of the America COMPETES Reauthorization Act 

2 of 2010, the General Services Administration shall provide 

3 government wide services to share best practices and assist 

4 agencies in developing guidelines for issuing prize competi5 tions. The General Services Administration shall develop 

6 a contract vehicle to provide agencies access to relevant 

7 products and services, including technical assistance in 

8 structuring and conducting prize competitions to take 

9 maximum benefit of the marketplace as they identify and 

10 pursue prize competitions to further the policy objectives 

11 of the Federal Government. 

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

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

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

15 under this section, be responsible for compliance by 

16 registered participants in a prize competition with 

17 Federal law, including licensing, export control, and 

18 nonproliferation laws, and related regulations. 

19 ‘‘(2) OTHER PRIZE AUTHORITY.—Nothing in 

20 this section affects the prize authority authorized by 

21 any other provision of law. 

22 ‘‘(3) REPEAL OF SPACE ACT LIMITATION.—Sec23 tion 314(a) of the National Aeronautics and Space 

24 Act of 1958 (42 U.S.C. 2459f–1 is amended by 

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1 gram to award prizes only in conformity with this 

2 section.’’. 

3 ‘‘(p) ANNUAL REPORT.— 

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

5 each year, the Director shall submit to the Com6 mittee on Commerce, Science, and Transportation of 

7 the Senate and the Committee on Science and Tech8 nology of the House of Representatives a report on 

9 the activities carried out during the preceding fiscal 

10 year under the authority in subsection (b). 

11 ‘‘(2) INFORMATION INCLUDED.—The report for 

12 a fiscal year under this subsection shall include, for 

13 each prize competition under subsection (b), the fol14 lowing: 

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

16 the proposed goals of each prize competition. 

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

18 of why the utilization of the authority in sub19 section (b) was the preferable method of achiev20 ing the goals described in subparagraph (A) as 

21 opposed to other authorities available to the 

22 agency, such as contracts, grants, and coopera23 tive agreements. 

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

25 amount of cash prizes awarded for each prize 


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1 competition, including a description of amount 

2 of private funds contributed to the program, the 

3 sources of such funds, and the manner in which 

4 the amounts of cash prizes awarded and 

5 claimed were allocated among the accounts of 

6 the agency for recording as obligations and ex7 penditures. 

8 ‘‘(D) SOLICITATIONS AND EVALUATION OF

9 SUBMISSIONS.—The methods used for the solic10 itation and evaluation of submissions under 

11 each prize competition, together with an assess12 ment of the effectiveness of such methods and 

13 lessons learned for future prize competitions. 

14 ‘‘(E) RESOURCES.—A description of the 

15 resources, including personnel and funding, 

16 used in the execution of each prize competition 

17 together with a detailed description of the ac18 tivities for which such resources were used and 

19 an accounting of how funding for execution was 

20 allocated among the accounts of the agency for 

21 recording as obligations and expenditures. 

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

23 prize competition advanced the mission of the 

24 agency concerned.’’. 


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1 TITLE II—NATIONAL AERO2 NAUTICS AND SPACE ADMIN3 ISTRATION. 

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

5 COMPETITIVENESS. 

6 It is the sense of Congress that a renewed emphasis 

7 on technology development would enhance current mission 

8 capabilities and enable future missions, while encouraging 

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

10 NASA’s Innovative Partnership Program is a valuable 

11 mechanism to accelerate technology maturation and en12 courage the transfer of technology into the private sector. 

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

14 (a) SENSE OF CONGRESS.—It is the sense of Con15 gress that NASA is uniquely positioned to interest stu16 dents in science, technology, engineering, and mathe17 matics, not only by the example it sets, but through its 

18 education programs. 

19 (b) EDUCATIONAL PROGRAM GOALS.—NASA shall 

20 develop educational programs— 

21 (1) to carry out and support research based 

22 programs and activities designed to increase student 

23 interest and participation in STEM fields; 

24 (2) to improve public literacy in those fields; 


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1 (3) that employ proven strategies and methods 

2 for improving student learning and teaching in 

3 STEM fields; 

4 (4) to provide curriculum support materials and 

5 other resources that— 

6 (A) are designed to be integrated with 

7 comprehensive STEM field education; 

8 (B) are aligned with national science edu9 cation standards; and 

10 (C) promote the adoption and implementa11 tion of high-quality education practices that 

12 build toward college and career-readiness; and 

13 (5) to create and support opportunities for en14 hanced and ongoing professional development for 

15 teachers using best practices that improve the 

16 STEM field content and knowledge of the teachers. 

17 SEC. 203. INTERNATIONAL SPACE STATION’S CONTRIBU18 TION TO NATIONAL COMPETITIVENESS EN19 HANCEMENT. 

20 (a) SENSE OF CONGRESS.—It is the sense of the Con21 gress that the International Space Station represents a 

22 valuable and unique national asset which can be utilized 

23 to increase educational opportunities and scientific and 

24 technological innovation which will enhance the Nation’s 

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1 nology fields of endeavor. If the period for active utiliza2 tion of the International Space Station is extended to at 

3 least the year 2020, the potential for such opportunities 

4 and innovation would be increased. Efforts should be 

5 made to fully realize that potential. 

6 (b) EVALUATION AND ASSESSMENT OF NASA’S

7 INTERAGENCY CONTRIBUTION.—Pursuant to the author8 ity provided in title II of the America COMPETES Act 

9 (Public Law 110–69), the Administrator shall evaluate 

10 and, where possible, expand efforts to maximize NASA’s 

11 contribution to interagency efforts to enhance science, 

12 technology, engineering, and mathematics education capa13 bilities, and to enhance the Nation’s technological excel14 lence and global competitiveness. The Administrator shall 

15 identify these enhancements in the annual reports re16 quired by section 2001(e) of that Act (42 U.S.C. 

17 16611a(e)). 

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

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

20 shall provide to the House of Representatives Committee 

21 on Science and Technology and the Senate Committee on 

22 Commerce, Science, and Transportation a report on the 

23 assessment made pursuant to subsection (a). The report 

24 shall include— 


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1 (1) a description of current and potential activi2 ties associated with utilization of the International 

3 Space Station which are supportive of the goals of 

4 educational excellence and innovation and competi5 tive enhancement established or reaffirmed by this 

6 Act, including a summary of the goals supported, 

7 the number of individuals or organizations partici8 pating in or benefiting from such activities, and a 

9 summary of how such activities might be expanded 

10 or improved upon; 

11 (2) a description of government and private 

12 partnerships which are, or may be, established to ef13 fectively utilize the capabilities represented by the 

14 International Space Station to enhance United 

15 States competitiveness, innovation and science, tech16 nology, engineering, and mathematics education; and 

17 (3) a summary of proposed actions or activities 

18 to be undertaken to ensure the maximum utilization 

19 of the International Space Station to contribute to 

20 fulfillment of the goals and objectives of this Act, 

21 and the identification of any additional authority, 

22 assets, or funding that would be required to support 

23 such activities. 

24 SEC. 204. DEFINITIONS. 

25 In this title: 


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1 (1) ADMINISTRATOR.—The term ‘‘Adminis2 trator’’ means the Administrator of NASA. 

3 (2) NASA.—The term ‘‘NASA’’ means the Na4 tional Aeronautics and Space Administration. 

5 TITLE III—OCEAN AND 

6 ATMOSPHERIC PROGRAMS 

7 SEC. 301. OCEANIC AND ATMOSPHERIC RESEARCH AND DE8 VELOPMENT PROGRAM. 

9 Section 4001 of the America COMPETES Act (33 

10 U.S.C. 893) is amended— 

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

12 ‘‘The Administrator’’; and 

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

14 ‘‘(b) OCEAN AND ATMOSPHERIC RESEARCH AND DE15 VELOPMENT PROGRAM.—The Administrator shall imple16 ment programs and activities— 

17 ‘‘(1) to identify emerging and innovative re18 search and development priorities to enhance U.S. 

19 competitiveness, support development of new eco20 nomic opportunities based on NOAA research, obser21 vations, monitoring modeling, and predictions that 

22 sustain ecosystem services; 

23 ‘‘(2) to promote United States leadership in 

24 ocean and atmospheric science and competitiveness 

25 in the applied uses of such knowledge, including for 


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1 the development and expansion of economic opportu2 nities; and 

3 ‘‘(3) to advance ocean, coastal, Great Lakes, 

4 and atmospheric research and development, includ5 ing potentially transformational research, in collabo6 ration with other relevant Federal agencies, aca7 demic institutions, the private sector, and non8 governmental programs, consistent with the Admin9 istration’s mission to understand, observe, and 

10 model the Earth’s atmosphere and biosphere, includ11 ing the oceans, in an integrated manner. 

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

13 date of enactment of the America COMPETES Reauthor14 ization Act of 2010, the Administrator, in consultation 

15 with the National Science Foundation or other such agen16 cies with mature transformational research portfolios, 

17 shall develop and submit a report to describe NOAA’s 

18 strategy for enhancing transformational research in its re19 search 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 

25 research has the potential to make significant and 


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1 revolutionary advancements in both understanding 

2 and U.S. science leadership; 

3 ‘‘(3) describe how transformational research 

4 priorities are identified and appropriately balanced 

5 in the context of NOAA’s broader research portfolio; 

6 ‘‘(4) describe NOAA’s plan for developing a 

7 competitive 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 ‘‘(d) PARTNERSHIPS AND AGREEMENTS.— 

14 ‘‘(1) IN GENERAL.—The Administrator may 

15 execute such contracts, leases, grants, cooperative 

16 agreements, or other agreements and transactions 

17 with any agency or instrumentality of the United 

18 States, any State, local, tribal, territorial or foreign 

19 government, or with any person, corporation, firm, 

20 partnership, educational institution, nonprofit orga21 nization, or international organization as may be 

22 necessary to carry out this title. 

23 ‘‘(2) SPECIFIC AUTHORITY.—Notwithstanding 

24 any other provision of law, the Administrator may— 


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1 ‘‘(A) execute long term leases of up to 20 

2 years for the use of unimproved land to site 

3 small shelter facilities, antennae, and equipment 

4 including weather, tide, tidal currents, river, 

5 and air sampling or measuring equipment; 

6 ‘‘(B) grant long term licenses of up to 20 

7 years at no cost to site facilities and equipment 

8 including weather, tide, tidal currents, river, 

9 and air sampling or measuring equipment; 

10 ‘‘(C) acquire (by purchase, lease, or other11 wise), lease, sell, and dispose of or convey serv12 ices, money, securities, or property (whether 

13 real, personal, intellectual, or of any other kind) 

14 or an interest therein; 

15 ‘‘(D) construct, improve, repair, operate, 

16 maintain, outgrant, and dispose of real or per17 sonal property, including buildings, facilities, 

18 and land; and 

19 ‘‘(E) waive capital lease scoring require20 ments for any lease of space on commercial an21 tennas to support weather radio equipment, air 

22 sampling, or measuring equipment. 

23 ‘‘(3) CERTAIN LEASED EQUIPMENT.—Notwith24 standing any other provision of law, rule, or regula25 tion, leases of antenna or equipment on towers or 


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1 other structures shall be considered operating leases 

2 for the purpose of capital lease scoring. 

3 ‘‘(4) AUTHORITY TO RECEIVE FUNDS.—The 

4 Administrator may accept, retain, and use funds re5 ceived from any party pursuant to an agreement en6 tered into under this subsection for activities fur7 thering the purposes of this title.’’. 

8 SEC. 302. OCEAN AND ATMOSPHERIC SCIENCE EDUCATION 

9 PROGRAMS. 

10 Section 4002 of the America COMPETES Act (33 

11 U.S.C. 893a) is amended— 

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

13 and inserting ‘‘agency, with consideration given to 

14 the goal of promoting the participation of individuals 

15 from underrepresented groups in STEM fields and 

16 in promoting the acquisition and retention of highly 

17 qualified and motivated young scientists to com18 plement and supplement workforce needs.’’; 

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

20 subsections (c) and (d), respectively; 

21 (3) by inserting after subsection (a) the fol22 lowing: 

23 ‘‘(b) EDUCATIONAL PROGRAM GOALS.—The edu24 cation programs developed by NOAA shall, to the extent 

25 applicable— 


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1 ‘‘(1) carry out and support research based pro2 grams and activities designed to increase student in3 terest and participation in STEM; 

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

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

6 improving student learning and teaching in STEM; 

7 ‘‘(4) provide curriculum support materials and 

8 other resources that— 

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

10 comprehensive STEM education; 

11 ‘‘(B) are aligned with national science edu12 cation standards; and 

13 ‘‘(C) produce the adoption and implemen14 tation of high-quality education practices that 

15 build toward college and career-readiness; and 

16 ‘‘(5) create and support opportunities for en17 hanced and ongoing professional development for 

18 teachers using best practices that improves the 

19 STEM content and knowledge of the teachers.’’; 

20 (4) by striking ‘‘develop’’ in subsection (c), as 

21 redesignated, and inserting ‘‘maintain’’; and 

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

23 ‘‘(e) STEM FIELDS DEFINED.—In this section, the 

24 term ‘STEM fields’ means the academic and professional 


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1 disciplines of science, technology, engineering, and mathe2 matics.’’. 

3 SEC. 303. WORKFORCE STUDY. 

4 (a) IN GENERAL.—The Secretary of Commerce, in 

5 cooperation with the Secretary of Education, shall request 

6 the National Academy of Sciences to conduct a study on 

7 the scientific workforce in the areas of oceanic and atmos8 pheric research and development. The study shall inves9 tigate— 

10 (1) whether there is a shortage in the number 

11 of individuals with advanced degrees in oceanic and 

12 atmospheric sciences who have the ability to conduct 

13 high quality scientific research in physical and chem14 ical oceanography, meteorology, and atmospheric 

15 modeling, and related fields, for government, non16 profit, and private sector entities; 

17 (2) what Federal programs are available to help 

18 facilitate the education of students hoping to pursue 

19 these degrees; 

20 (3) barriers to transitioning highly qualified 

21 oceanic and atmospheric scientists into Federal civil 

22 service scientist career tracks; 

23 (4) what institutions of higher education, the 

24 private sector, and the Congress could do to increase 


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1 the number of individuals with such post bacca2 laureate degrees; 

3 (5) the impact of an aging Federal scientist 

4 workforce on the ability of Federal agencies to con5 duct high quality scientific research; and 

6 (6) what actions the Federal government can 

7 take to assist the transition of highly qualified sci8 entists into Federal career scientist positions and en9 sure that the experiences of retiring Federal sci10 entists are adequately documented and transferred 

11 prior to retirement from Federal service. 

12 (b) COORDINATION.—The Secretary and the Sec13 retary of Education shall consult with the heads of other 

14 Federal agencies and departments with oceanic and at15 mospheric expertise or authority in preparing the speci16 fications for the study. 

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

18 of enactment of this Act, the Secretary and the Secretary 

19 of Education shall transmit a joint report to each com20 mittee of Congress with jurisdiction over the programs de21 scribed in 4002(b) of the America COMPETES Act (33 

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

23 detailing the findings and recommendations of the study 

24 and setting forth a prioritized plan to implement the rec25 ommendations. 


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1 (d) PROGRAM AND PLAN.—The Administrator shall 

2 evaluate the National Academy of Sciences study and de3 velop a workforce program and plan to institutionalize the 

4 Administration’s Federal science career pathways and ad5 dress aging workforce issues. The program and plan shall 

6 be developed in consultation with the Administration’s co7 operative institutes and other academic partners to iden8 tify and implement programs and mechanisms to ensure 

9 that— 

10 (1) sufficient highly qualified scientists are able 

11 to transition into Federal career scientist positions 

12 in the Administration’s laboratories and programs; 

13 and 

14 (2) the technical and management experiences 

15 of senior employees are documented and transferred 

16 before leaving Federal service. 

17 TITLE IV—NATIONAL INSTITUTE 

18 OF STANDARDS AND TECH19 NOLOGY 

20 SEC. 401. SHORT TITLE. 

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

22 Standards and Technology Authorization Act of 2010’’. 

23 SEC. 402. AUTHORIZATION OF APPROPRIATIONS. 

24 (a) FISCAL YEAR 2011.— 


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1 (1) IN GENERAL.—There are authorized to be 

2 appropriated to the Secretary of Commerce 

3 $1,000,500,000 for the National Institute of Stand4 ards and Technology for fiscal year 2011. 

5 (2) SPECIFIC ALLOCATIONS.—Of the amount 

6 authorized by paragraph (1)— 

7 (A) $625,500,000 shall be authorized for 

8 scientific and technical research and services 

9 laboratory activities; 

10 (B) $125,000,000 shall be authorized for 

11 the construction and maintenance of facilities; 

12 and 

13 (C) $250,000,000 shall be authorized for 

14 industrial technology services activities, of 

15 which— 

16 (i) $95,000,000 shall be authorized 

17 for the Technology Innovation Program 

18 under section 28 of the National Institute 

19 of Standards and Technology Act (15 

20 U.S.C. 278n); 

21 (ii) $145,000,000 shall be authorized 

22 for the Manufacturing Extension Partner23 ship program under sections 25 and 26 of 

24 such Act (15 U.S.C. 278k and 278l), of 

25 which not more than $5,000,000 shall be 


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1 for the competitive grant program under 

2 section 25(f) of such Act; and 

3 (iii) $10,000,000 shall be authorized 

4 for the Malcolm Baldrige National Quality 

5 Award program under section 17 of the 

6 Stevenson-Wydler Technology Innovation 

7 Act of 1980 (15 U.S.C. 3711a). 

8 (b) FISCAL YEAR 2012.— 

9 (1) IN GENERAL.—There are authorized to be 

10 appropriated to the Secretary of Commerce 

11 $1,024,100,000 for the National Institute of Stand12 ards and Technology for fiscal year 2012. 

13 (2) SPECIFIC ALLOCATIONS.—Of the amount 

14 authorized by paragraph (1)— 

15 (A) $669,100,000 shall be authorized for 

16 scientific and technical research and services 

17 laboratory activities; 

18 (B) $85,000,000 shall be authorized for 

19 the construction and maintenance of facilities; 

20 and 

21 (C) $270,300,000 shall be authorized for 

22 industrial technology services activities, of 

23 which— 

24 (i) $105,000,000 shall be authorized 

25 for the Technology Innovation Program 


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1 under section 28 of the National Institute 

2 of Standards and Technology Act (15 

3 U.S.C. 278n); 

4 (ii) $155,000,000 shall be authorized 

5 for the Manufacturing Extension Partner6 ship program under sections 25 and 26 of 

7 such Act (15 U.S.C. 278k and 278l), of 

8 which not more than $5,000,000 shall be 

9 for the competitive grant program under 

10 section 25(f) of such Act; and 

11 (iii) $10,300,000 shall be authorized 

12 for the Malcolm Baldrige National Quality 

13 Award program under section 17 of the 

14 Stevenson-Wydler Technology Innovation 

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

16 (c) FISCAL YEAR 2013.— 

17 (1) IN GENERAL.—There are authorized to be 

18 appropriated to the Secretary of Commerce 

19 $1,128,409,000 for the National Institute of Stand20 ards and Technology for fiscal year 2013. 

21 (2) SPECIFIC ALLOCATIONS.—Of the amount 

22 authorized by paragraph (1)— 

23 (A) $715,800,000 shall be authorized for 

24 scientific and technical research and services 

25 laboratory activities; 


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1 (B) $122,000,000 shall be authorized for 

2 the construction and maintenance of facilities; 

3 and 

4 (C) $290,609,000 shall be authorized for 

5 industrial technology services activities, of 

6 which— 

7 (i) $115,000,000 shall be authorized 

8 for the Technology Innovation Program 

9 under section 28 of the National Institute 

10 of Standards and Technology Act (15 

11 U.S.C. 278n); 

12 (ii) $165,000,000 shall be authorized 

13 for the Manufacturing Extension Partner14 ship program under sections 25 and 26 of 

15 such Act (15 U.S.C. 278k and 278l), of 

16 which not more than $5,000,000 shall be 

17 for the competitive grant program under 

18 section 25(f) of such Act; and 

19 (iii) $10,609,000 shall be authorized 

20 for the Malcolm Baldrige National Quality 

21 Award program under section 17 of the 

22 Stevenson-Wydler Technology Innovation 

23 Act of 1980 (15 U.S.C. 3711a). 


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1 SEC. 403. UNDER SECRETARY OF COMMERCE FOR STAND2 ARDS AND TECHNOLOGY. 

3 (a) ESTABLISHMENT.—Section 4 of the National In4 stitute of Standards and Technology Act is amended to 

5 read as follows: 

6 ‘‘SEC. 4. UNDER SECRETARY OF COMMERCE FOR STAND7 ARDS AND TECHNOLOGY. 

8 ‘‘(a) ESTABLISHMENT.—There shall be in the De9 partment of Commerce an Under Secretary of Commerce 

10 for Standards and Technology (in this section referred to 

11 as the ‘Under Secretary’). 

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

13 appointed by the President by and with the advice and 

14 consent of the Senate. 

15 ‘‘(c) COMPENSATION.—The Under Secretary shall be 

16 compensated at the rate in effect for level III of the Exec17 utive Schedule under section 5314 of title 5, United States 

18 Code. 

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

20 the Director of the Institute and shall perform such duties 

21 as required of the Director by the Secretary under this 

22 Act or by law. 

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

24 Director of the Institute on the date of enactment of the 

25 National Institute of Standards and Technology Author26 ization Act of 2010 shall also serve as the Under Secretary 


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1 until such time as a successor is appointed under sub2 section (b).’’. 

3 (b) CONFORMING AMENDMENTS.— 

4 (1) TITLE 5, UNITED STATES CODE.— 

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

6 United States Code, is amended by inserting 

7 before the item ‘‘Associate Attorney General’’ 

8 the following: 

9 ‘‘Under Secretary of Commerce for Standards 

10 and Technology, who also serves as Director of the 

11 National Institute of Standards and Technology.’’. 

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

13 United States Code, is amended by striking 

14 ‘‘Director, National Institute of Standards and 

15 Technology, Department of Commerce.’’. 

16 (2) NATIONAL INSTITUTE OF STANDARDS AND

17 TECHNOLOGY ACT.—Section 5 of the National Insti18 tute of Standards and Technology Act (15 U.S.C. 

19 274) is amended by striking the first, fifth, and 

20 sixth sentences. 

21 SEC. 404. MANUFACTURING EXTENSION PARTNERSHIP. 

22 (a) COMMUNITY COLLEGE SUPPORT.—Section 25(a) 

23 of the National Institute of Standards and Technology Act 

24 (15 U.S.C. 278k(a)) is amended— 


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

2 paragraph (4); 

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

4 and inserting ‘‘Institute; and’’; and 

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

6 ‘‘(6) providing to community colleges informa7 tion about the job skills needed in small- and me8 dium-sized manufacturing businesses in the regions 

9 they serve.’’. 

10 (b) INNOVATIVE SERVICES INITIATIVE.—Section 25 

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

12 the end the following: 

13 ‘‘(g) INNOVATIVE SERVICES INITIATIVE.— 

14 ‘‘(1) ESTABLISHMENT.—The Director may es15 tablish, within the Centers program under this sec16 tion, an innovative services initiative to assist small17 and medium-sized manufacturers in— 

18 ‘‘(A) reducing their energy usage and envi19 ronmental waste to improve profitability; and 

20 ‘‘(B) accelerating the domestic commer21 cialization of new product technologies, includ22 ing components for renewable energy systems. 

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

24 undertake any activity to accelerate the domestic 

25 commercialization of a new product technology 


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1 under this subsection unless an analysis of market 

2 demand for the new product technology has been 

3 conducted.’’. 

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

5 278k), as amended by subsection (b), is further amended 

6 by adding at the end the following: 

7 ‘‘(h) REPORTS.— 

8 ‘‘(1) IN GENERAL.—In submitting the 3-year 

9 programmatic planning document and annual up10 dates under section 23, the Director shall include an 

11 assessment of the Director’s governance of the pro12 gram established under this section. 

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

14 the Director shall use the criteria established pursu15 ant to the Malcolm Baldrige National Quality Award 

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

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

18 3711a(d)(1)(C)).’’. 

19 (d) HOLLINGS MANUFACTURING EXTENSION PART20 NERSHIP PROGRAM COST-SHARING.—Section 25(c) of 

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

22 the end the following: 

23 ‘‘(7) Notwithstanding paragraphs (1), (3), and 

24 (5), for fiscal year 2011 through fiscal year 2013, 

25 the Secretary may not provide to a Center more 


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1 than 50 percent of the costs incurred by that Center 

2 and may not require that a Center’s cost share ex3 ceed 50 percent. 

4 ‘‘(8) Not later than 2 years after the date of 

5 enactment of the National Institute of Standards 

6 and Technology Authorization Act of 2010, the Sec7 retary shall submit to Congress a report on the cost 

8 share requirements under the program. The report 

9 shall— 

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

11 including the cost share structure in place prior 

12 to such date of enactment and the cost share 

13 structure in place under paragraph (7), and the 

14 effect of such cost share structures on indi15 vidual Centers and the overall program; and 

16 ‘‘(B) include a recommendation for how 

17 best to structure the cost share requirement 

18 after fiscal year 2013 to provide for the long19 term sustainability of the program.’’. 

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

21 (15 U.S.C. 278k(e)(4)) is amended to read as follows: 

22 ‘‘(4) FEDERAL ADVISORY COMMITTEE ACT AP23 PLICABILITY.— 

24 ‘‘(A) IN GENERAL.—In discharging its du25 ties under this subsection, the MEP Advisory 


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1 Board shall function solely in an advisory ca2 pacity, in accordance with the Federal Advisory 

3 Committee Act. 

4 ‘‘(B) EXCEPTION.—Section 14 of the Fed5 eral Advisory Committee Act shall not apply to 

6 the MEP Advisory Board.’’. 

7 (f) DESIGNATION OF PROGRAM.— 

8 (1) IN GENERAL.—Section 25 of the National 

9 Institute of Standards and Technology Act (15 

10 U.S.C. 278k), as amended by subsection (c), is fur11 ther amended by adding at the end the following: 

12 ‘‘(i) DESIGNATION.— 

13 ‘‘(1) HOLLINGS MANUFACTURING EXTENSION

14 PARTNERSHIP.—The program under this section 

15 shall be known as the ‘Hollings Manufacturing Ex16 tension Partnership’. 

17 ‘‘(2) HOLLINGS MANUFACTURING EXTENSION

18 CENTERS.—The Regional Centers for the Transfer 

19 of Manufacturing Technology created and supported 

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

21 Manufacturing Extension Centers’ (in this Act re22 ferred to as the ‘Centers’).’’. 

23 (2) CONFORMING AMENDMENT TO CONSOLI24 DATED APPROPRIATIONS ACT, 2005.—Division B of 

25 title II of the Consolidated Appropriations Act, 2005 


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1 (Public Law 108–447; 118 Stat. 2879; 15 U.S.C. 

2 278k note) is amended under the heading ‘‘INDUS3 TRIAL TECHNOLOGY SERVICES’’ by striking ‘‘2007: 

4 Provided further, That’’ and all that follows through 

5 ‘‘Extension Centers.’’ and inserting ‘‘2007.’’. 

6 (3) TECHNICAL AMENDMENTS.— 

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

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

9 278k(a)) is amended in the matter preceding 

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

11 the Transfer of Manufacturing Technology’’ 

12 and inserting ‘‘regional centers for the transfer 

13 of manufacturing technology’’. 

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

15 278k), as amended by subsection (f), is further 

16 amended by adding at the end the following: 

17 ‘‘(j) COMMUNITY COLLEGE DEFINED.—In this sec18 tion, the term ‘community college’ means an institution 

19 of higher education (as defined under section 101(a) of 

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

21 at which the highest degree that is predominately awarded 

22 to students is an associate’s degree.’’. 

23 (h) EVALUATION OF OBSTACLES UNIQUE TO SMALL

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


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1 278k), as amended by subsection (g), is further amended 

2 by adding at the end the following: 

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

4 MANUFACTURERS.—The Director shall— 

5 ‘‘(1) evaluate obstacles that are unique to small 

6 manufacturers that prevent such manufacturers 

7 from effectively competing in the global market; 

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

9 the Centers to address such obstacles; and 

10 ‘‘(3) facilitate improved communication between 

11 the Centers to assist such manufacturers in imple12 menting appropriate, targeted solutions to such ob13 stacles.’’. 

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

15 National Institute of Standards and Technology Act (15 

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

17 the Centers program,’’ and inserting ‘‘Director of the Hol18 lings MEP program,’’. 

19 SEC. 405. EMERGENCY COMMUNICATION AND TRACKING 

20 TECHNOLOGIES RESEARCH INITIATIVE. 

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

22 research initiative to support the development of emer23 gency communication and tracking technologies for use in 

24 locating trapped individuals in confined spaces, such as 

25 underground mines, and other shielded environments, 


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1 such as high-rise buildings or collapsed structures, where 

2 conventional radio communication is limited. 

3 (b) ACTIVITIES.—In order to carry out this section, 

4 the Director shall work with the private sector and appro5 priate Federal agencies to— 

6 (1) perform a needs assessment to identify and 

7 evaluate the measurement, technical standards, and 

8 conformity assessment needs required to improve the 

9 operation and reliability of such emergency commu10 nication and tracking technologies; 

11 (2) support the development of technical stand12 ards and conformance architecture to improve the 

13 operation and reliability of such emergency commu14 nication and tracking technologies; and 

15 (3) incorporate and build upon existing reports 

16 and studies on improving emergency communica17 tions. 

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

19 date of enactment of this Act, the Director shall submit 

20 to Congress and make publicly available a report describ21 ing the assessment performed under subsection (b)(1) and 

22 making recommendations about research priorities to ad23 dress gaps in the measurement, technical standards, and 

24 conformity assessment needs identified by the assessment. 


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1 SEC. 406. BROADENING PARTICIPATION. 

2 (a) RESEARCH FELLOWSHIPS.—Section 18 of the 

3 National Institute of Standards and Technology Act (15 

4 U.S.C. 278g–1) is amended by adding at the end the fol5 lowing: 

6 ‘‘(c) UNDERREPRESENTED MINORITIES.—In evalu7 ating applications for fellowships under this section, the 

8 Director shall give consideration to the goal of promoting 

9 the participation of underrepresented minorities in re10 search areas supported by the Institute.’’. 

11 (b) POSTDOCTORAL FELLOWSHIP PROGRAM.—Sec12 tion 19 of such Act (15 U.S.C. 278g–2) is amended by 

13 adding at the end the following: ‘‘In evaluating applica14 tions for fellowships under this section, the Director shall 

15 give consideration to the goal of promoting the participa16 tion of underrepresented minorities in research areas sup17 ported by the Institute.’’. 

18 (c) TEACHER DEVELOPMENT.—Section 19A(c) of 

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

20 at the end the following: ‘‘The Director shall give special 

21 consideration to an application from a teacher from a 

22 high-need school, as defined in section 200 of the Higher 

23 Education Act of 1965 (20 U.S.C. 1021).’’. 

24 SEC. 407. NIST FELLOWSHIPS. 

25 (a) POST-DOCTORAL FELLOWSHIP PROGRAM.—Sec26 tion 19 of the National Institute of Standards and TechVerDate Mar 15 2010 23:53 Jul 16, 2010 Jkt 089200 PO 00000 Frm 00053 Fmt 6652 Sfmt 6201 E:\BILLS\S3605.IS S3605

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1 nology Act (15 U.S.C. 278g) is amended by striking ‘‘in 

2 conjunction with the National Academy of Sciences,’’. 

3 (b) RESEARCH FELLOWSHIPS.—Section 18(a) of that 

4 Act (15 U.S.C. 278g(a)) is amended by striking ‘‘up to 

5 1.5 percent of the’’. 

6 (c) COMMERCE, SCIENCE, AND TECHNOLOGY FEL7 LOWSHIP PROGRAM.—Section 5163(d) of the Omnibus 

8 Trade and Competition Act of 1988 (15 U.S.C. 1533) is 

9 repealed. 

10 SEC. 408. GREEN MANUFACTURING AND CONSTRUCTION. 

11 The Director shall carry out a green manufacturing 

12 and construction initiative— 

13 (1) to develop accurate sustainability metrics 

14 and practices for use in manufacturing; 

15 (2) to advance the development of standards 

16 and the creation of an information infrastructure to 

17 communicate sustainability information about sup18 pliers; and 

19 (3) to improve energy performance, service life, 

20 and indoor air quality of new and retrofitted build21 ings through validated measurement data. 

22 SEC. 409. CYBERSECURITY COMPETITION AND CHALLENGE. 

23 (a) IN GENERAL.—The Director of the National In24 stitute of Standards and Technology, directly or through 


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1 appropriate Federal entities, shall establish cybersecurity 

2 competitions and challenges with cash prizes in order to— 

3 (1) attract, identify, evaluate, and recruit tal4 ented individuals for the Federal information tech5 nology workforce; and 

6 (2) stimulate innovation in basic and applied 

7 cybersecurity research, technology development, and 

8 prototype demonstration that have the potential for 

9 application to the Federal information technology 

10 activities of the Federal Government. 

11 (b) TYPES OF COMPETITIONS AND CHALLENGES.— 

12 The Director shall establish different competitions and 

13 challenges targeting the following groups: 

14 (1) High school students. 

15 (2) Undergraduate students. 

16 (3) Graduate students. 

17 (4) Academic and research institutions. 

18 (c) TOPICS.—In selecting topics for prize competi19 tions, the Director shall consult widely both within and 

20 outside the Federal Government, and may empanel advi21 sory committees. 

22 (d) USE OF FEDERAL INSIGNIA.—A registered par23 ticipant in a competition under this section may use any 

24 Federal agency’s name, initials, or insignia only after prior 

25 review and written approval by the Director. 


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1 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated to the National Institute 

3 of Standards and Technology to carry out this section 

4 $15,000,000 for each of fiscal years 2011 through 2013. 

5 SEC. 410. DEFINITIONS. 

6 In this title: 

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

8 the Director of the National Institute of Standards 

9 and Technology. 

10 (2) FEDERAL AGENCY.—The term ‘‘Federal 

11 agency’’ has the meaning given such term in section 

12 4 of the Stevenson-Wydler Technology Innovation 

13 Act of 1980 (15 U.S.C. 3703). 

14 TITLE V—NATIONAL SCIENCE 

15 FOUNDATION 

16 SEC. 501. SHORT TITLE. 

17 This title may be cited as the ‘‘National Science 

18 Foundation Authorization Act of 2010’’. 

19 SEC. 502. DEFINITIONS. 

20 In this title: 

21 (1) FOUNDATION.—The term ‘‘Foundation’’ 

22 means the National Science Foundation established 

23 under section 2 of the National Science Foundation 

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


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1 (2) INSTITUTION OF HIGHER EDUCATION.—The 

2 term ‘‘institution of higher education’’ has the 

3 meaning given such term in section 101(a) of the 

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

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

6 the several States, the District of Columbia, the 

7 Commonwealth of Puerto Rico, the Virgin Islands, 

8 Guam, American Samoa, the Commonwealth of the 

9 Northern Mariana Islands, or any other territory or 

10 possession of the United States. 

11 (4) UNITED STATES.—The term ‘‘United 

12 States’’ means the several States, the District of Co13 lumbia, the Commonwealth of Puerto Rico, the Vir14 gin Islands, Guam, American Samoa, the Common15 wealth of the Northern Mariana Islands, and any 

16 other territory or possession of the United States. 

17 SEC. 503. AUTHORIZATION OF APPROPRIATIONS. 

18 (a) FISCAL YEAR 2011.— 

19 (1) IN GENERAL.—There are authorized to be 

20 appropriated to the Foundation $8,254,000,000 for 

21 fiscal year 2011. 

22 (2) SPECIFIC ALLOCATIONS.—Of the amount 

23 authorized by paragraph (1)— 

24 (A) $6,614,000,000 shall be made avail25 able to carry research and related activities; 


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1 (B) $1,038,000,000 shall be made avail2 able for education and human resources; 

3 (C) $219,100,000 shall be made available 

4 for major research equipment and facilities con5 struction; 

6 (D) $362,400,000 shall be made available 

7 for agency operations and award management; 

8 (E) $5,105,000 shall be made available for 

9 the Office of the National Science Board; and 

10 (F) $15,640,000 shall be made available 

11 for the Office of Inspector General. 

12 (b) FISCAL YEAR 2012.— 

13 (1) IN GENERAL.—There are authorized to be 

14 appropriated to the Foundation $9,073,000,000 for 

15 fiscal year 2012. 

16 (2) SPECIFIC ALLOCATIONS.—Of the amount 

17 authorized by paragraph (1)— 

18 (A) $7,270,000,000 shall be made avail19 able to carry research and related activities; 

20 (B) $1,141,000,000 shall be made avail21 able for education and human resources; 

22 (C) $240,800,000 shall be made available 

23 for major research equipment and facilities con24 struction; 


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1 (D) $398,400,000 shall be made available 

2 for agency operations and award management; 

3 (E) $5,612,000 shall be made available for 

4 the Office of the National Science Board; and 

5 (F) $17,190,000 shall be made available 

6 for the Office of Inspector General. 

7 (c) FISCAL YEAR 2013.— 

8 (1) IN GENERAL.—There are authorized to be 

9 appropriated to the Foundation $9,943,000,000 for 

10 fiscal year 2013. 

11 (2) SPECIFIC ALLOCATIONS.—Of the amount 

12 authorized by paragraph (1)— 

13 (A) $7,967,000,000 shall be made avail14 able to carry research and related activities; 

15 (B) $1,251,000,000 shall be made avail16 able for education and human resources; 

17 (C) $263,900,000 shall be made available 

18 for major research equipment and facilities con19 struction; 

20 (D) $436,600,000 shall be made available 

21 for agency operations and award management; 

22 (E) $6,150,000 shall be made available for 

23 the Office of the National Science Board; and 

24 (F) $18,840,000 shall be made available 

25 for the Office of Inspector General. 


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1 SEC. 504. NATIONAL SCIENCE BOARD ADMINISTRATIVE 

2 AMENDMENTS. 

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

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

5 1950 (42 U.S.C. 1863(g)) is amended by striking ‘‘not 

6 more than 5’’. 

7 (b) NATIONAL SCIENCE BOARD REPORTS.—Section 

8 4(j)(2) of the National Science Foundation Act of 1950 

9 (42 U.S.C. 1863(j)(2)) is amended by inserting ‘‘within 

10 the authority of the Foundation (or otherwise as requested 

11 by the Congress or the President)’’ after ‘‘individual policy 

12 matters’’. 

13 (c) BOARD ADHERENCE TO SUNSHINE ACT.—Sec14 tion 15(a)(2) of the National Science Foundation Author15 ization Act of 2002 (42 U.S.C. 1862n–5(a)(2)) is amend16 ed— 

17 (1) by striking ‘‘The Board’’ and inserting ‘‘To 

18 ensure transparency of the Board’s entire decision19 making process, including deliberations on Board 

20 business occurring within its various subdivisions, 

21 the Board’’; and 

22 (2) by adding at the end the following: ‘‘The 

23 preceding requirement will apply to meetings of the 

24 full Board, whenever a quorum is present; and to 

25 meetings of its subdivisions, whenever a quorum of 

26 the subdivision is present.’’. 


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1 SEC. 505. NATIONAL CENTER FOR SCIENCE AND ENGINEER2 ING STATISTICS. 

3 (a) ESTABLISHMENT.—There is established within 

4 the Foundation a National Center for Science and Engi5 neering Statistics that shall serve as a central Federal 

6 clearinghouse for the collection, interpretation, analysis, 

7 and dissemination of objective data on science, engineer8 ing, technology, and research and development. 

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

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

11 (1) collect, acquire, analyze, report, and dis12 seminate statistical data related to the science and 

13 engineering enterprise in the United States and 

14 other nations that is relevant and useful to practi15 tioners, researchers, policymakers, and the public, 

16 including statistical data on— 

17 (A) research and development trends; 

18 (B) the science and engineering workforce; 

19 (C) United States competitiveness in 

20 science, engineering, technology, and research 

21 and development; and 

22 (D) the condition and progress of United 

23 States STEM education; 

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

25 and on methodologies in areas related to the work 

26 of the Center; and 


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1 (3) support the education and training of re2 searchers in the use of large-scale, nationally rep3 resentative data sets. 

4 (c) STATISTICAL REPORTS.—The Director or the Na5 tional Science Board, acting through the Center, shall 

6 issue regular, and as necessary, special statistical reports 

7 on topics related to the national and international science 

8 and engineering enterprise such as the biennial report re9 quired by section 4(j)(1) of the National Science Founda10 tion Act of 1950 (42 U.S.C. 1863(j)(1)) on indicators of 

11 the state of science and engineering in the United States. 

12 SEC. 506. NATIONAL SCIENCE FOUNDATION MANUFAC13 TURING RESEARCH AND EDUCATION. 

14 (a) MANUFACTURING RESEARCH.—The Director 

15 shall carry out a program to award merit-reviewed, com16 petitive grants to institutions of higher education to sup17 port fundamental research leading to transformative ad18 vances in manufacturing technologies, processes, and en19 terprises that will support United States manufacturing 

20 through improved performance, productivity, sustain21 ability, and competitiveness. Research areas may in22 clude— 

23 (1) nanomanufacturing; 


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1 (2) manufacturing and construction machines 

2 and equipment, including robotics, automation, and 

3 other intelligent systems; 

4 (3) manufacturing enterprise systems; 

5 (4) advanced sensing and control techniques; 

6 (5) materials processing; and 

7 (6) information technologies for manufacturing, 

8 including predictive and real-time models and sim9 ulations, and virtual manufacturing. 

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

11 ensure a well-trained manufacturing workforce, the Direc12 tor shall award grants to strengthen and expand scientific 

13 and technical education and training in advanced manu14 facturing, including through the Foundation’s Advanced 

15 Technological Education program. 

16 SEC. 507. NATIONAL SCIENCE BOARD REPORT ON MID17 SCALE INSTRUMENTATION. 

18 (a) MID-SCALE RESEARCH INSTRUMENTATION

19 NEEDS.—The National Science Board shall evaluate the 

20 needs, across all disciplines supported by the Foundation, 

21 for mid-scale research instrumentation that falls between 

22 the instruments funded by the Major Research Instrumen23 tation program and the very large projects funded by the 

24 Major Research Equipment and Facilities Construction 

25 program. 


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1 (b) REPORT ON MID-SCALE RESEARCH INSTRUMEN2 TATION PROGRAM.—Not later than 1 year after the date 

3 of enactment of this Act, the National Science Board shall 

4 submit to Congress a report on mid-scale research instru5 mentation at the Foundation. At a minimum, this report 

6 shall include— 

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

8 instrumentation needs required under subsection (a), 

9 including a description of differences across dis10 ciplines and Foundation research directorates; 

11 (2) a recommendation or recommendations re12 garding how the Foundation should set priorities for 

13 mid-scale instrumentation across disciplines and 

14 Foundation research directorates; 

15 (3) a recommendation or recommendations re16 garding the appropriateness of expanding existing 

17 programs, including the Major Research Instrumen18 tation program or the Major Research Equipment 

19 and Facilities Construction program, to support 

20 more instrumentation at the mid-scale; 

21 (4) a recommendation or recommendations re22 garding the need for and appropriateness of a new, 

23 Foundation-wide program or initiative in support of 

24 mid-scale instrumentation, including any rec25 ommendations regarding the administration of and 


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1 budget for such a program or initiative and the ap2 propriate scope of instruments to be funded under 

3 such a program or initiative; and 

4 (5) any recommendation or recommendations 

5 regarding other options for supporting mid-scale re6 search instrumentation at the Foundation. 

7 SEC. 508. PARTNERSHIPS FOR INNOVATION. 

8 (a) IN GENERAL.—The Director shall carry out a 

9 program to award merit-reviewed, competitive grants to 

10 institutions of higher education to establish and to expand 

11 partnerships that promote innovation and increase the 

12 economic and social impact of research by developing tools 

13 and resources to connect new scientific discoveries to prac14 tical uses. 

15 (b) PARTNERSHIPS.— 

16 (1) IN GENERAL.—To be eligible for funding 

17 under this section, an institution of higher education 

18 must propose establishment of a partnership that— 

19 (A) includes at least one private sector en20 tity; and 

21 (B) may include other institutions of high22 er education, public sector institutions, private 

23 sector entities, and social enterprise nonprofit 

24 organizations. 


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1 (2) PRIORITY.—In selecting grant recipients 

2 under this section, the Director shall give priority to 

3 partnerships that include one or more institutions of 

4 higher education that are among the 100 institu5 tions receiving, over the 3-year period immediately 

6 preceding the awarding of grants, the highest 

7 amount of research funding from the Foundation 

8 and at least one of the following: 

9 (A) A minority serving institution. 

10 (B) A primarily undergraduate institution. 

11 (C) A 2-year institution of higher edu12 cation. 

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

14 shall seek— 

15 (1) to increase the economic or social impact of 

16 the most promising research at the institution or in17 stitutions of higher education that are members of 

18 the partnership through knowledge transfer or com19 mercialization; 

20 (2) to increase the engagement of faculty and 

21 students across multiple disciplines and depart22 ments, including faculty and students in schools of 

23 business and other appropriate non-STEM fields 

24 and disciplines in knowledge transfer activities; 


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1 (3) to enhance education and mentoring of stu2 dents and faculty in innovation and entrepreneur3 ship through networks, courses, and development of 

4 best practices and curricula; 

5 (4) to strengthen the culture of the institution 

6 or institutions of higher education to undertake and 

7 participate in activities related to innovation and 

8 leading to economic or social impact; 

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

10 institutions of higher education in activities to meet 

11 STEM workforce needs and promote innovation and 

12 knowledge transfer; and 

13 (6) to build lasting partnerships with local and 

14 regional businesses, local and State governments, 

15 and other relevant entities. 

16 (d) ADDITIONAL CRITERIA.—In selecting grant re17 cipients under this section, the Director shall also consider 

18 the extent to which the applicants are able to demonstrate 

19 evidence of institutional support for, and commitment 

20 to— 

21 (1) achieving the goals of the program as de22 scribed in subsection (c); 

23 (2) expansion to an institution-wide program if 

24 the initial proposal is not for an institution-wide pro25 gram; and 


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1 (3) sustaining any new innovation tools and re2 sources generated from funding under this program. 

3 (e) LIMITATION.—No funds provided under this sec4 tion may be used to construct or renovate a building or 

5 structure. 

6 SEC. 509. GREEN CHEMISTRY BASIC RESEARCH. 

7 The Director shall establish a Green Chemistry Basic 

8 Research program to award competitive, merit-based 

9 grants to support research into green and sustainable 

10 chemistry which will lead to clean, safe, and economical 

11 alternatives to traditional chemical products and practices. 

12 The research program shall provide sustained support for 

13 green chemistry research, education, and technology 

14 transfer through— 

15 (1) merit-reviewed competitive grants to indi16 vidual investigators and teams of investigators, in17 cluding, to the extent practicable, young investiga18 tors, for research; 

19 (2) grants to fund collaborative research part20 nerships among universities, industry, and nonprofit 

21 organizations; 

22 (3) symposia, forums, and conferences to in23 crease outreach, collaboration, and dissemination of 

24 green chemistry advances and practices; and 


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1 (4) education, training, and retraining of under2 graduate and graduate students and professional 

3 chemists and chemical engineers, including through 

4 partnerships with industry, in green chemistry 

5 science and engineering. 

6 SEC. 510. GRADUATE STUDENT SUPPORT. 

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

8 (1) the Integrative Graduate Education and Re9 search Traineeship program is an important pro10 gram for training the next generation of scientists 

11 and engineers in team-based interdisciplinary re12 search and problem solving, and for providing them 

13 with the many additional skills, such as communica14 tion skills, needed to thrive in diverse STEM ca15 reers; and 

16 (2) the Integrative Graduate Education and Re17 search Traineeship program is no less valuable to 

18 the preparation and support of graduate students 

19 than the Foundation’s Graduate Research Fellow20 ship program. 

21 (b) EQUAL TREATMENT OF IGERT AND GRF.—Be22 ginning in fiscal year 2011, the Director shall increase or, 

23 if necessary, decrease funding for the Foundation’s Inte24 grative Graduate Education and Research Traineeship 

25 program (or any program by which it is replaced) at least 


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

2 the Graduate Research Fellowship program. 

3 (c) SUPPORT FOR GRADUATE STUDENT RESEARCH

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

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

6 Foundation funds allocated to the Integrative Graduate 

7 Education and Research Traineeship program and the 

8 Graduate Research Fellowship program shall come from 

9 funds appropriated for Research and Related Activities. 

10 (d) COST OF EDUCATION ALLOWANCE FOR GRF 

11 PROGRAM.—Section 10 of the National Science Founda12 tion Act of 1950 (42 U.S.C. 1869) is amended— 

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

14 ‘‘The Foundation is authorized’’; and 

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

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

17 year the amount to be awarded for scholarships and fel18 lowships under this section for that year. Each such schol19 arship and fellowship shall include a cost of education al20 lowance of $12,000, subject to any restrictions on the use 

21 of cost of education allowance as determined by the Direc22 tor.’’. 


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1 SEC. 511. ROBERT NOYCE TEACHER SCHOLARSHIP PRO2 GRAM. 

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

4 of the National Science Foundation Authorization Act of 

5 2002 (42 U.S.C. 1862n–1a(h)(1)) is amended to read as 

6 follows: 

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

8 a grant under this section shall provide, from non9 Federal sources, to carry out the activities supported 

10 by the grant— 

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

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

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

14 least one half of which shall be in cash; and 

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

16 $1,500,000 or more, an amount equal to at 

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

18 least one half of which shall be in cash.’’. 

19 (b) RETIRING STEM PROFESSIONALS.—Section 10A 

20 of the National Science Foundation Authorization Act of 

21 2002 (42 U.S.C. 1862n–1a) is amended in subsection 

22 (a)(2)(A) by inserting ‘‘including retiring professionals in 

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


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1 SEC. 512 UNDERGRADUATE BROADENING PARTICIPATION 

2 PROGRAM. 

3 The Foundation shall continue to support the His4 torically Black Colleges and Universities Undergraduate 

5 Program, the Louis Stokes Alliances for Minority Partici6 pation program, and the Tribal Colleges and Universities 

7 Program as separate programs. 

8 SEC. 513. RESEARCH EXPERIENCES FOR HIGH SCHOOL 

9 STUDENTS. 

10 The Director shall permit specialized STEM high 

11 schools conducting research to participate in major data 

12 collection initiatives from universities, corporations, or 

13 government labs under a research grant from the Founda14 tion, as part of the research proposal. 

15 SEC. 514. RESEARCH EXPERIENCES FOR UNDERGRADU16 ATES. 

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

18 grants, on a merit-reviewed, competitive basis, to institu19 tions of higher education, nonprofit organizations, or con20 sortia of such institutions and organizations, for sites des21 ignated by the Director to provide research experiences for 

22 6 or more undergraduate STEM students for sites des23 ignated at primarily undergraduate institutions of higher 

24 education and 10 or more undergraduate STEM students 

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

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1 tion 33 or 34 of the Science and Engineering Equal Op2 portunities Act (42 U.S.C. 1885a or 1885b). The Director 

3 shall ensure that— 

4 (1) at least half of the students participating in 

5 a program funded by a grant under this subsection 

6 at each site shall be recruited from institutions of 

7 higher education where research opportunities in 

8 STEM are limited, including 2-year institutions; 

9 (2) the awards provide undergraduate research 

10 experiences in a wide range of STEM disciplines; 

11 (3) the awards support a variety of projects, in12 cluding independent investigator-led projects, inter13 disciplinary projects, and multi-institutional projects 

14 (including virtual projects); 

15 (4) students participating in each program 

16 funded have mentors, including during the academic 

17 year to the extent practicable, to help connect the 

18 students’ research experiences to the overall aca19 demic course of study and to help students achieve 

20 success in courses of study leading to a bacca21 laureate degree in a STEM field; 

22 (5) mentors and students are supported with 

23 appropriate salary or stipends; and 

24 (6) student participants are tracked, for em25 ployment and continued matriculation in STEM 


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1 fields, through receipt of the undergraduate degree 

2 and for at least 3 years thereafter. 

3 (b) INCLUSION OF UNDERGRADUATES IN STANDARD

4 RESEARCH GRANTS.—The Director shall require that 

5 every recipient of a research grant from the Foundation 

6 proposing to include 1 or more students enrolled in certifi7 cate, associate, or baccalaureate degree programs in car8 rying out the research under the grant shall request sup9 port, including stipend support, for such undergraduate 

10 students as part of the research proposal itself rather than 

11 as a supplement to the research proposal, unless such un12 dergraduate participation was not foreseeable at the time 

13 of the original proposal. 

14 SEC. 515. STEM INDUSTRY INTERNSHIP PROGRAMS. 

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

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

17 higher education, or consortia thereof, to establish or ex18 pand partnerships with local or regional private sector en19 tities, for the purpose of providing undergraduate students 

20 with integrated internship experiences that connect private 

21 sector internship experiences with the students’ STEM 

22 coursework. The partnerships may also include industry 

23 or professional associations. 


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1 (b) INTERNSHIP PROGRAM.—The grants awarded 

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

3 manufacturing sector. 

4 (c) USE OF GRANT FUNDS.—Grants under this sec5 tion may be used— 

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

7 opportunities; 

8 (2) to develop curricula and instructional mate9 rials related to industry, including the manufac10 turing sector; 

11 (3) to perform outreach to secondary schools; 

12 (4) to develop mentorship programs for stu13 dents with partner organizations; and 

14 (5) to conduct activities to support awareness of 

15 career opportunities and skill requirements. 

16 (d) PRIORITY.—In awarding grants under this sec17 tion, the Director shall give priority to institutions of high18 er education or consortia thereof that demonstrate signifi19 cant outreach to and coordination with local or regional 

20 private sector entities and Regional Centers for the Trans21 fer of Manufacturing Technology established by section 

22 25(a) of the National Institute of Standards and Tech23 nology Act (15 U.S.C. 278k(a)) in developing academic 

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1 tifications necessary for employment in local or regional 

2 companies. 

3 (c) OUTREACH TO RURAL COMMUNITIES.—The 

4 Foundation shall conduct outreach to institutions of high5 er education and private sector entities in rural areas to 

6 encourage those entities to participate in partnerships 

7 under this section. 

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

9 percent non-Federal cost-share from partnerships estab10 lished or expanded under this section. 

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

12 this section may be used— 

13 (1) for the purpose of providing stipends or 

14 compensation to students for private sector intern15 ships; or 

16 (2) as payment or reimbursement to private 

17 sector entities, except for institutions of higher edu18 cation. 

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

20 of enactment of this Act, the Director shall submit a re21 port to Congress on the number and total value of awards 

22 made under this section, the number of students affected 

23 by those awards, any evidence of the effect of those awards 

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1 pating students, and an economic and ethnic breakdown 

2 of the participating students. 

3 SEC. 516. CYBER-ENABLED LEARNING FOR NATIONAL 

4 CHALLENGES. 

5 The Director shall, in consultation with appropriate 

6 Federal agencies, identify ways to use cyber-enabled learn7 ing to create an innovative STEM workforce and to help 

8 retrain and retain our existing STEM workforce to ad9 dress national challenges, including national security and 

10 competitiveness. 

11 SEC. 517. FEDERAL CYBERSECURITY RESEARCH AND DE12 VELOPMENT. 

13 (a) FUNDAMENTAL CYBERSECURITY RESEARCH.— 

14 The Director of the National Science Foundation shall 

15 give priority to computer and information science and en16 gineering research to ensure substantial support is pro17 vided to meet the following challenges in cybersecurity: 

18 (1) How to design and build complex software19 intensive systems that are secure and reliable when 

20 first deployed. 

21 (2) How to test and verify that software, 

22 whether developed locally or obtained from a third 

23 party, is free of significant known security flaws. 


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1 (3) How to test and verify that software ob2 tained from a third party correctly implements stat3 ed functionality, and only that functionality. 

4 (4) How to guarantee the privacy of an individ5 ual’s identity, information, or lawful transactions 

6 when stored in distributed systems or transmitted 

7 over networks. 

8 (5) How to build new protocols to enable the 

9 Internet to have robust security as one of its key ca10 pabilities. 

11 (6) How to determine the origin of a message 

12 transmitted over the Internet. 

13 (7) How to support privacy in conjunction with 

14 improved security. 

15 (8) How to address the growing problem of in16 sider threat. 

17 (b) SECURE CODING RESEARCH.—The Director shall 

18 support research that evaluates selected secure coding 

19 education and improvement programs. The Director shall 

20 also support research on new methods of integrating se21 cure coding improvement into the core curriculum of com22 puter science programs and of other programs where grad23 uates have a substantial probability of developing software 

24 after graduation. 


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1 (c) ASSESSMENT OF SECURE CODING EDUCATION IN

2 COLLEGES AND UNIVERSITIES.—Within one year after 

3 the date of enactment of this Act, the Director shall sub4 mit to the Senate Committee on Commerce, Science, and 

5 Transportation and the House of Representatives Com6 mittee on Science and Technology a report on the state 

7 of secure coding education in America’s colleges and uni8 versities for each school that received National Science 

9 Foundation funding in excess of $1,000,000 during fiscal 

10 year 2008. The report shall include— 

11 (1) the number of students who earned under12 graduate degrees in computer science or in each 

13 other program where graduates have a substantial 

14 probability of being engaged in software design or 

15 development after graduation; 

16 (2) the percentage of those students who com17 pleted substantive secure coding education or im18 provement programs during their undergraduate ex19 perience; and 

20 (3) descriptions of the length and content of the 

21 education and improvement programs, and a meas22 ure of the effectiveness of those programs in ena23 bling the students to master secure coding and de24 sign. 


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1 (d) CYBERSECURITY MODELING AND TESTBEDS.— 

2 The Director shall establish a program to award grants 

3 to institutions of higher education to establish cybersecu4 rity testbeds capable of realistic modeling of real-time 

5 cyber attacks and defenses. The purpose of this program 

6 is to support the rapid development of new cybersecurity 

7 defenses, techniques, and processes by improving under8 standing and assessing the latest technologies in a real9 world environment. The testbeds shall be sufficiently large 

10 in order to model the scale and complexity of real world 

11 networks and environments. 

12 (e) NSF COMPUTER AND NETWORK SECURITY RE13 SEARCH GRANT AREAS.—Section 4(a)(1) of the Cyberse14 curity Research and Development Act (15 U.S.C. 

15 7403(a)(1)) is amended— 

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

17 subparagraph (H); 

18 (2) by striking ‘‘property.’’ in subparagraph (I) 

19 and inserting ‘‘property;’’; and 

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

21 ‘‘(J) secure fundamental protocols that are at 

22 the heart of inter-network communications and data 

23 exchange; 

24 ‘‘(K) secure software engineering and software 

25 assurance, including— 


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1 ‘‘(i) programming languages and systems 

2 that include fundamental security features; 

3 ‘‘(ii) portable or reusable code that re4 mains secure when deployed in various environ5 ments; 

6 ‘‘(iii) verification and validation tech7 nologies to ensure that requirements and speci8 fications have been implemented; and 

9 ‘‘(iv) models for comparison and metrics to 

10 assure that required standards have been met; 

11 ‘‘(L) holistic system security that— 

12 ‘‘(i) addresses the building of secure sys13 tems from trusted and untrusted components; 

14 ‘‘(ii) proactively reduces vulnerabilities; 

15 ‘‘(iii) addresses insider threats; and 

16 ‘‘(iv) supports privacy in conjunction with 

17 improved security; 

18 ‘‘(M) monitoring and detection; and 

19 ‘‘(N) mitigation and rapid recovery methods.’’. 

20 (f) NSF COMPUTER AND NETWORK SECURITY

21 GRANTS.—Section 4(a)(3) of the Cybersecurity Research 

22 and Development Act (15 U.S.C. 7403(a)(3)) is amend23 ed— 

24 (1) by striking ‘‘and’’ in subparagraph (D); 


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1 (2) by striking ‘‘2007’’ in subparagraph (E) 

2 and inserting ‘‘2007;’’; and 

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

4 ‘‘(F) $150,000,000 for fiscal year 2010; 

5 ‘‘(G) $155,000,000 for fiscal year 2011; 

6 ‘‘(H) $160,000,000 for fiscal year 2012; 

7 ‘‘(I) $165,000,000 for fiscal year 2013; 

8 and 

9 ‘‘(J) $170,000,000 for fiscal year 2014.’’. 

10 (g) COMPUTER AND NETWORK SECURITY CEN11 TERS.—Section 4(b)(7) of such Act (15 U.S.C. 

12 7403(b)(7)) is amended— 

13 (1) by striking ‘‘and’’ in subparagraph (D); 

14 (2) by striking ‘‘2007’’ in subparagraph (E) 

15 and inserting ‘‘2007;’’; and 

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

17 ‘‘(F) $50,000,000 for fiscal year 2010; 

18 ‘‘(G) $52,000,000 for fiscal year 2011; 

19 ‘‘(H) $54,000,000 for fiscal year 2012; 

20 ‘‘(I) $56,000,000 for fiscal year 2013; and 

21 ‘‘(J) $58,000,000 for fiscal year 2014.’’. 

22 (h) COMPUTER AND NETWORK SECURITY CAPACITY

23 BUILDING GRANTS.—Section 5(a)(6) of such Act (15 

24 U.S.C. 7404(a)(6)) is amended— 

25 (1) by striking ‘‘and’’ in subparagraph (D); 


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1 (2) by striking ‘‘2007’’ in subparagraph (E) 

2 and inserting ‘‘2007;’’; and 

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

4 ‘‘(F) $40,000,000 for fiscal year 2010; 

5 ‘‘(G) $42,000,000 for fiscal year 2011; 

6 ‘‘(H) $44,000,000 for fiscal year 2012; 

7 ‘‘(I) $46,000,000 for fiscal year 2013; and 

8 ‘‘(J) $48,000,000 for fiscal year 2014.’’. 

9 (i) SCIENTIFIC AND ADVANCED TECHNOLOGY ACT

10 GRANTS.—Section 5(b)(2) of such Act (15 U.S.C. 

11 7404(b)(2)) is amended— 

12 (1) by striking ‘‘and’’ in subparagraph (D); 

13 (2) by striking ‘‘2007’’ in subparagraph (E) 

14 and inserting ‘‘2007;’’; and 

15 (3) by adding at the end of the following: 

16 ‘‘(F) $5,000,000 for fiscal year 2010; 

17 ‘‘(G) $6,000,000 for fiscal year 2011; 

18 ‘‘(H) $7,000,000 for fiscal year 2012; 

19 ‘‘(I) $8,000,000 for fiscal year 2013; and 

20 ‘‘(J) $9,000,000 for fiscal year 2014.’’. 

21 (j) GRADUATE TRAINEESHIPS IN COMPUTER AND

22 NETWORK SECURITY RESEARCH.—Section 5(c)(7) of 

23 such Act (15 U.S.C. 7404(c)(7)) is amended— 

24 (1) by striking ‘‘and’’ in subparagraph (D); 


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1 (2) by striking ‘‘2007’’ in subparagraph (E) 

2 and inserting ‘‘2007;’’; and 

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

4 ‘‘(F) $20,000,000 for fiscal year 2010; 

5 ‘‘(G) $22,000,000 for fiscal year 2011; 

6 ‘‘(H) $24,000,000 for fiscal year 2012; 

7 ‘‘(I) $26,000,000 for fiscal year 2013; and 

8 ‘‘(J) $28,000,000 for fiscal year 2014.’’. 

9 (k) CYBERSECURITY FACULTY DEVELOPMENT

10 TRAINEESHIP PROGRAM.—Section 5(e)(9) of such Act (15 

11 U.S.C. 7404(e)(9)) is amended by striking ‘‘2007.’’ and 

12 inserting ‘‘2007 and for each of fiscal years 2010 through 

13 2014.’’. 

14 (l) NETWORKING AND INFORMATION TECHNOLOGY

15 RESEARCH AND DEVELOPMENT PROGRAM.—Section 

16 204(a)(1) of the High-Performance Computing Act of 

17 1991 (15 U.S.C. 5524(a)(1)) is amended— 

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

19 subparagraph (B); and 

20 (2) by inserting after subparagraph (C) the fol21 lowing: 

22 ‘‘(D) develop and propose standards and 

23 guidelines, and develop measurement techniques 

24 and test methods, for enhanced cybersecurity 


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1 for computer networks and common user inter2 faces to systems; and’’. 

3 SEC. 518. FEDERAL CYBER SCHOLARSHIP-FOR-SERVICE 

4 PROGRAM. 

5 (a) IN GENERAL.—The Director of the National 

6 Science Foundation shall establish a Federal Cyber Schol7 arship-for-Service program to recruit and train the next 

8 generation of Federal information technology workers and 

9 security managers. 

10 (b) PROGRAM DESCRIPTION AND COMPONENTS.— 

11 The program— 

12 (1) shall provide scholarships, that provide full 

13 tuition, fees, and a stipend, for up to 1,000 students 

14 per year in their pursuit of undergraduate or grad15 uate degrees in the cybersecurity field; 

16 (2) shall require scholarship recipients, as a 

17 condition of receiving a scholarship under the pro18 gram, to agree to serve in the Federal information 

19 technology workforce for a period equal to the length 

20 of the scholarship following graduation if offered em21 ployment in that field by a Federal agency; 

22 (3) shall provide opportunities for students to 

23 receive temporary appointments for meaningful em24 ployment in the Federal information technology 


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1 workforce during school vacation periods and for in2 ternships; 

3 (4) shall provide a procedure for identifying 

4 promising K–12 students for participation in sum5 mer work and internship programs that would lead 

6 to certification of Federal information technology 

7 workforce standards and possible future employ8 ment; and 

9 (5) shall examine and develop, if appropriate, 

10 programs to promote computer security awareness in 

11 secondary and high school classrooms. 

12 (c) HIRING AUTHORITY.—For purposes of any law 

13 or regulation governing the appointment of individuals in 

14 the Federal civil service, upon the successful completion 

15 of their studies, students receiving a scholarship under the 

16 program shall be hired under the authority provided for 

17 in section 213.3102(r) of title 5, Code of Federal Regula18 tions, and be exempt from competitive service. Upon ful19 fillment of the service term, such individuals shall be con20 verted to a competitive service position without competi21 tion if the individual meets the requirements for that posi22 tion. 

23 (d) ELIGIBILITY.—To be eligible to receive a scholar24 ship under this section, an individual shall— 

25 (1) be a citizen of the United States; and 


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1 (2) demonstrate a commitment to a career in 

2 improving the Nation’s cyber defenses. 

3 (e) CONSIDERATION AND PREFERENCE.—In making 

4 selections for scholarships under this section, the Director 

5 shall— 

6 (1) consider, to the extent possible, a diverse 

7 pool of applicants whose interests are of an inter8 disciplinary nature, encompassing the social sci9 entific as well as the technical dimensions of cyber 

10 security; and 

11 (2) give preference to applicants that have par12 ticipated in the competition and challenge described 

13 in section 13. 

14 (f) EVALUATION AND REPORT.—The Director shall 

15 evaluate and report to the Senate Committee on Com16 merce, Science, and Transportation and the House of Rep17 resentatives Committee on Science and Technology on the 

18 success of recruiting individuals for the scholarships. 

19 (g) AUTHORIZATION OF APPROPRIATIONS.—There 

20 are authorized to be appropriated to the National Science 

21 Foundation to carry out this section— 

22 (1) $50,000,000 for fiscal year 2010; 

23 (2) $55,000,000 for fiscal year 2011; 

24 (3) $60,000,000 for fiscal year 2012; 

25 (4) $65,000,000 for fiscal year 2013; and 


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1 (5) $70,000,000 for fiscal year 2014. 

2 TITLE VI—INNOVATION 

3 SEC. 601. OFFICE OF INNOVATION AND ENTREPRENEUR4 SHIP. 

5 The Stevenson-Wydler Technology Innovation Act of 

6 1980 (15 U.S.C. 3701 et seq.), as amended by section 107 

7 of this Act, is amended by adding at the end the following: 

8 ‘‘SEC. 25. OFFICE OF INNOVATION AND ENTREPRENEUR9 SHIP. 

10 ‘‘(a) IN GENERAL.—The Secretary shall establish an 

11 Office of Innovation and Entrepreneurship to foster inno12 vation and the commercialization of new technologies, 

13 products, processes, and services with the goal of pro14 moting productivity and economic growth in the United 

15 States. 

16 ‘‘(b) DUTIES.—The Office of Innovation and Entre17 preneurship shall be responsible for— 

18 ‘‘(1) developing policies to accelerate innovation 

19 and advance the commercialization of research and 

20 development, including federally funded research and 

21 development; 

22 ‘‘(2) identifying existing barriers to innovation 

23 and commercialization, including access to capital 

24 and other resources, and ways to overcome those 

25 barriers; 


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1 ‘‘(3) providing access to relevant data, research, 

2 and technical assistance on innovation and commer3 cialization; 

4 ‘‘(4) strengthening collaboration on and coordi5 nation of policies relating to innovation and commer6 cialization, including those focused on the needs of 

7 small businesses and rural communities, within the 

8 Department of Commerce and between the Depart9 ment of Commerce and other Federal agencies, as 

10 appropriate; and 

11 ‘‘(5) any other duties as determined by the Sec12 retary. 

13 ‘‘(c) ADVISORY COMMITTEE.—The Secretary shall es14 tablish an Advisory Council on Innovation and Entrepre15 neurship to provide advice to the Secretary on carrying 

16 out subsection (b).’’. 

17 SEC. 602. FEDERAL LOAN GUARANTEES FOR INNOVATIVE 

18 TECHNOLOGIES IN MANUFACTURING. 

19 The Stevenson-Wydler Technology Innovation Act of 

20 1980 (15 U.S.C. 3701 et seq.), as amended by section 

21 601, is further amended by adding at the end the fol22 lowing: 


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1 ‘‘SEC. 26. FEDERAL LOAN GUARANTEES FOR INNOVATIVE 

2 TECHNOLOGIES IN MANUFACTURING. 

3 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab4 lish a program to provide loan guarantees for obligations 

5 to small- or medium-sized manufacturers for the use or 

6 production of innovative technologies. 

7 ‘‘(b) ELIGIBLE PROJECTS.—A loan guarantee may be 

8 made under the program only for a project that re-equips, 

9 expands, or establishes a manufacturing facility in the 

10 United States— 

11 ‘‘(1) to use an innovative technology or an inno12 vative process in manufacturing; or 

13 ‘‘(2) to manufacture an innovative technology 

14 product or an integral component of such a product. 

15 ‘‘(c) ELIGIBLE BORROWER.—A loan guarantee may 

16 be made under the program only for a borrower who is 

17 a small- or medium-sized manufacturer, as determined by 

18 the Secretary under the criteria established pursuant to 

19 subsection (m). 

20 ‘‘(d) LIMITATION ON AMOUNT.—A loan guarantee 

21 shall not exceed an amount equal to 80 percent of the obli22 gation, as estimated at the time at which the loan guar23 antee is issued. 

24 ‘‘(e) LIMITATIONS ON LOAN GUARANTEE.—No loan 

25 guarantee shall be made unless the Secretary determines 

26 that— 


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1 ‘‘(1) there is a reasonable prospect of repay2 ment of the principal and interest on the obligation 

3 by the borrower; 

4 ‘‘(2) the amount of the obligation (when com5 bined with amounts available to the borrower from 

6 other sources) is sufficient to carry out the project; 

7 ‘‘(3) the obligation is not subordinate to other 

8 financing; 

9 ‘‘(4) the obligation bears interest at a rate that 

10 does not exceed a level that the Secretary determines 

11 appropriate, taking into account the prevailing rate 

12 of interest in the private sector for similar loans and 

13 risks; and 

14 ‘‘(5) the term of an obligation requires full re15 payment over a period not to exceed the lesser of— 

16 ‘‘(A) 30 years; or 

17 ‘‘(B) 90 percent of the projected useful 

18 life, as determined by the Secretary, of the 

19 physical asset to be financed by the obligation. 

20 ‘‘(f) DEFAULTS.— 

21 ‘‘(1) PAYMENT BY SECRETARY.— 

22 ‘‘(A) IN GENERAL.—If a borrower defaults 

23 (as defined in regulations promulgated by the 

24 Secretary and specified in the loan guarantee) 

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1 antee shall have the right to demand payment 

2 of the unpaid amount from the Secretary. 

3 ‘‘(B) PAYMENT REQUIRED.—Within such 

4 period as may be specified in the loan guar5 antee or related agreements, the Secretary shall 

6 pay to the holder of the loan guarantee the un7 paid interest on and unpaid principal of the ob8 ligation as to which the borrower has defaulted, 

9 unless the Secretary finds that there was no de10 fault by the borrower in the payment of interest 

11 or principal or that the default has been rem12 edied. 

13 ‘‘(C) FORBEARANCE.—Nothing in this sub14 section precludes any forbearance by the holder 

15 of the obligation for the benefit of the borrower 

16 which may be agreed upon by the parties to the 

17 obligation and approved by the Secretary. 

18 ‘‘(2) SUBROGATION.— 

19 ‘‘(A) IN GENERAL.—If the Secretary 

20 makes a payment under paragraph (1), the Sec21 retary shall be subrogated to the rights, as 

22 specified in the loan guarantee, of the recipient 

23 of the payment or related agreements including, 

24 if appropriate, the authority (notwithstanding 

25 any other provision of law)— 


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1 ‘‘(i) to complete, maintain, operate, 

2 lease, or otherwise dispose of any property 

3 acquired pursuant to such loan guarantee 

4 or related agreement; or 

5 ‘‘(ii) to permit the borrower, pursuant 

6 to an agreement with the Secretary, to 

7 continue to pursue the purposes of the 

8 project if the Secretary determines that 

9 such an agreement is in the public interest. 

10 ‘‘(B) SUPERIORITY OF RIGHTS.—The 

11 rights of the Secretary, with respect to any 

12 property acquired pursuant to a loan guarantee 

13 or related agreements, shall be superior to the 

14 rights of any other person with respect to the 

15 property. 

16 ‘‘(3) NOTIFICATION.—If the borrower defaults 

17 on an obligation, the Secretary shall notify the At18 torney General of the default. 

19 ‘‘(h) TERMS AND CONDITIONS.—A loan guarantee 

20 under this section shall include such detailed terms and 

21 conditions as the Secretary determines appropriate— 

22 ‘‘(1) to protect the interests of the United 

23 States in the case of default; and 


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1 ‘‘(2) to have available all the patents and tech2 nology necessary for any person selected, including 

3 the Secretary, to complete and operate the project. 

4 ‘‘(i) CONSULTATION.—In establishing the terms and 

5 conditions of a loan guarantee under this section, the Sec6 retary shall consult with the Secretary of the Treasury. 

7 ‘‘(j) FEES.— 

8 ‘‘(1) IN GENERAL.—The Secretary shall charge 

9 and collect fees for loan guarantees in amounts the 

10 Secretary determines are sufficient to cover applica11 ble administrative expenses. 

12 ‘‘(2) AVAILABILITY.—Fees collected under this 

13 subsection shall— 

14 ‘‘(A) be deposited by the Secretary into the 

15 Treasury of the United States; and 

16 ‘‘(B) remain available until expended, sub17 ject to such other conditions as are contained in 

18 annual appropriations Acts. 

19 ‘‘(3) LIMITATION.—In charging and collecting 

20 fees under paragraph (1), the Secretary shall take 

21 into consideration the amount of the obligation. 

22 ‘‘(k) RECORDS.— 

23 ‘‘(1) IN GENERAL.—With respect to a loan 

24 guarantee under this section, the borrower, the lend25 er, and any other appropriate party shall keep such 


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1 records and other pertinent documents as the Sec2 retary shall prescribe by regulation, including such 

3 records as the Secretary may require to facilitate an 

4 effective audit. 

5 ‘‘(2) ACCESS.—The Secretary and the Comp6 troller General of the United States, or their duly 

7 authorized representatives, shall have access to 

8 records and other pertinent documents for the pur9 pose of conducting an audit. 

10 ‘‘(l) FULL FAITH AND CREDIT.—The full faith and 

11 credit of the United States is pledged to the payment of 

12 all loan guarantees issued under this section with respect 

13 to principal and interest. 

14 ‘‘(m) REGULATIONS.—The Secretary shall issue final 

15 regulations before making any loan guarantees under the 

16 program. The regulations shall include— 

17 ‘‘(1) criteria that the Secretary shall use to de18 termine eligibility for loan guarantees under this sec19 tion, including— 

20 ‘‘(A) whether a borrower is a small- or me21 dium-sized manufacturer; and 

22 ‘‘(B) whether a borrower demonstrates 

23 that a market exists for the innovative tech24 nology product, or the integral component of 

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1 denced by written statements of interest from 

2 potential purchasers; 

3 ‘‘(2) criteria that the Secretary shall use to de4 termine the amount of any fees charged under sub5 section (j), including criteria related to the amount 

6 of the obligation; 

7 ‘‘(3) policies and procedures for selecting and 

8 monitoring lenders and loan performance; and 

9 ‘‘(4) any other policies, procedures, or informa10 tion necessary to implement this section. 

11 ‘‘(n) AUDIT.— 

12 ‘‘(1) ANNUAL INDEPENDENT AUDITS.—The 

13 Secretary shall enter into an arrangement with an 

14 independent auditor for annual evaluations of the 

15 program under this section. 

16 ‘‘(2) COMPTROLLER GENERAL REVIEW.—The 

17 Comptroller General of the United States shall con18 duct a biennial review of the Secretary’s execution of 

19 the program under this section. 

20 ‘‘(3) REPORT.—The results of the independent 

21 audit under paragraph (1) and the Comptroller Gen22 eral’s review under paragraph (2) shall be provided 

23 directly to the Committee on Science and Tech24 nology of the House of Representatives and the 


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1 Committee on Commerce, Science, and Transpor2 tation of the Senate. 

3 ‘‘(o) REPORT TO CONGRESS.—Concurrent with the 

4 submission to Congress of the President’s annual budget 

5 request in each year after the date of enactment of the 

6 America COMPETES Reauthorization Act of 2010, the 

7 Secretary shall transmit to the Committee on Science and 

8 Technology of the House of Representatives and the Com9 mittee on Commerce, Science, and Transportation of the 

10 Senate a report containing a summary of all activities car11 ried out under this section. 

12 ‘‘(p) COORDINATION AND NONDUPLICATION.—To 

13 the maximum extent practicable, the Secretary shall en14 sure that the activities carried out under this section are 

15 coordinated with, and do not duplicate the efforts of, other 

16 loan guarantee programs within the Federal Government. 

17 ‘‘(q) MEP CENTERS.—The Secretary may use cen18 ters established under section 25 of the National Institute 

19 of Standards and Technology Act (15 U.S.C. 278k) to 

20 provide information about the program established under 

21 this section and to conduct outreach to potential bor22 rowers, as appropriate. 

23 ‘‘(r) MINIMIZING RISK.—The Secretary shall promul24 gate regulations and policies to carry out this section in 

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1 cular No. A–129, entitled ‘Policies for Federal Credit Pro2 grams and Non-Tax Receivables’, as in effect on the date 

3 of enactment of the America COMPETES Reauthoriza4 tion Act of 2010. 

5 ‘‘(s) SENSE OF CONGRESS.—It is the sense of Con6 gress that no loan guarantee shall be made under this sec7 tion unless the borrower agrees to use a federally approved 

8 electronic employment eligibility verification system to 

9 verify the employment eligibility of— 

10 ‘‘(1) all persons hired during the contract term 

11 by the borrower to perform employment duties with12 in the United States; and 

13 ‘‘(2) all persons assigned by the borrower to 

14 perform work within the United States on the 

15 project. 

16 ‘‘(t) DEFINITIONS.—In this section: 

17 ‘‘(1) COST.—The term ‘cost’ has the meaning 

18 given such term under section 502 of the Federal 

19 Credit Reform Act of 1990 (2 U.S.C. 661a). 

20 ‘‘(2) INNOVATIVE PROCESS.—The term ‘innova21 tive process’ means a process that is significantly 

22 improved as compared to the process in general use 

23 in the commercial marketplace in the United States 

24 at the time the loan guarantee is issued. 


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1 ‘‘(3) INNOVATIVE TECHNOLOGY.—The term ‘in2 novative technology’ means a technology that is sig3 nificantly improved as compared to the technology in 

4 general use in the commercial marketplace in the 

5 United States at the time the loan guarantee is 

6 issued. 

7 ‘‘(4) LOAN GUARANTEE.—The term ‘loan guar8 antee’ has the meaning given such term in section 

9 502 of the Federal Credit Reform Act of 1990 (2 

10 U.S.C. 661a). The term includes a loan guarantee 

11 commitment (as defined in section 502 of such Act 

12 (2 U.S.C. 661a)). 

13 ‘‘(5) OBLIGATION.—The term ‘obligation’ 

14 means the loan or other debt obligation that is guar15 anteed under this section. 

16 ‘‘(6) PROGRAM.—The term ‘program’ means 

17 the loan guarantee program established in sub18 section (a). 

19 ‘(u) AUTHORIZATION OF APPROPRIATIONS.— 

20 ‘‘(1) COST OF LOAN GUARANTEES.—There are 

21 authorized to be appropriated $100,000,000 for each 

22 of fiscal years 2011 through 2015 to provide the 

23 cost of loan guarantees under this section. 


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1 ‘‘(2) PRINCIPAL AND INTEREST.—There are au2 thorized to be appropriated such sums as are nec3 essary to carry out subsection (g).’’. 

4 SEC. 603. REGIONAL INNOVATION PROGRAM. 

5 The Stevenson-Wydler Technology Innovation Act of 

6 1980 (15 U.S.C. 3701 et seq.), as amended by section 

7 602, is further amended by adding at the end thereof the 

8 following: 

9 ‘‘SEC. 27. REGIONAL INNOVATION PROGRAM. 

10 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab11 lish a regional innovation program to encourage and sup12 port the development of regional innovation strategies, in13 cluding regional innovation clusters and science and re14 search parks. 

15 ‘(b) REGIONAL INNOVATION CLUSTER GRANTS.— 

16 ‘‘(1) IN GENERAL.—As part of the program es17 tablished under subsection (a), the Secretary may 

18 award grants on a competitive basis to eligible re19 cipients for activities relating to the formation and 

20 development of regional innovation clusters. 

21 ‘‘(2) PERMISSIBLE ACTIVITIES.—Grants award22 ed under this subsection may be used for activities 

23 determined appropriate by the Secretary, including 

24 the following: 

25 ‘‘(A) Feasibility studies. 


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1 ‘‘(B) Planning activities. 

2 ‘‘(C) Technical assistance. 

3 ‘‘(D) Developing or strengthening commu4 nication and collaboration between and among 

5 participants of a regional innovation cluster. 

6 ‘‘(E) Attracting additional participants to 

7 a regional innovation cluster. 

8 ‘‘(F) Facilitating market development of 

9 products and services developed by a regional 

10 innovation cluster, including through dem11 onstration, deployment, technology transfer, 

12 and commercialization activities. 

13 ‘‘(G) Developing relationships between a 

14 regional innovation cluster and entities or clus15 ters in other regions. 

16 ‘‘(H) Interacting with the public and State 

17 and local governments to meet the goals of the 

18 cluster. 

19 ‘‘(3) ELIGIBLE RECIPIENT DEFINED.—In this 

20 subsection, the term ‘eligible recipient’ means— 

21 ‘‘(A) a State; 

22 ‘‘(B) an Indian tribe; 

23 ‘‘(C) a city or other political subdivision of 

24 a State; 

25 ‘‘(D) an entity that— 


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1 ‘‘(i) is a nonprofit organization, an in2 stitution of higher education, a public-pri3 vate partnership, a science park, a Federal 

4 laboratory, or an economic development or5 ganization or similar entity; and 

6 ‘‘(ii) has an application that is sup7 ported by a State or a political subdivision 

8 of a State; or 

9 ‘‘(E) a consortium of any of the entities 

10 descibed in subparagraphs (A) through (D). 

11 ‘‘(4) APPLICATION.— 

12 ‘‘(A) IN GENERAL.—An eligible recipient 

13 shall submit an application to the Secretary at 

14 such time, in such manner, and containing such 

15 information and assurances as the Secretary 

16 may require. 

17 ‘‘(B) COMPONENTS.—The application shall 

18 include, at a minimum, a description of the re19 gional innovation cluster supported by the pro20 posed activity, including a description of— 

21 ‘‘(i) whether the regional innovation 

22 cluster is supported by the private sector, 

23 State and local governments, and other rel24 evant stakeholders; 


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1 ‘‘(ii) how the existing participants in 

2 the regional innovation cluster will encour3 age and solicit participation by all types of 

4 entities that might benefit from participa5 tion, including newly formed entities and 

6 those rival to existing participants; 

7 ‘‘(iii) the extent to which the regional 

8 innovation cluster is likely to stimulate in9 novation and have a positive impact on re10 gional economic growth and development; 

11 ‘‘(iv) whether the participants in the 

12 regional innovation cluster have access to, 

13 or contribute to, a well-trained workforce; 

14 ‘‘(v) whether the participants in the 

15 regional innovation cluster are capable of 

16 attracting additional funds from non-Fed17 eral sources; and 

18 ‘‘(vi) the likelihood that the partici19 pants in the regional innovation cluster will 

20 be able to sustain activities once grant 

21 funds under this subsection have been ex22 pended. 

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1 cations from regions that contain communities 

2 negatively impacted by trade. 

3 ‘‘(5) SPECIAL CONSIDERATION.—The Secretary 

4 shall give special consideration to an eligible recipi5 ent who agrees to collaborate with local workforce 

6 investment area boards. 

7 ‘‘(6) COST SHARE.—The Secretary may not 

8 provide more than 50 percent of the total cost of 

9 any activity funded under this subsection. 

10 ‘‘(7) USE AND APPLICATION OF RESEARCH AND

11 INFORMATION PROGRAM.—To the maximum extent 

12 practicable, the Secretary shall ensure that activities 

13 funded under this subsection use and apply any rel14 evant research, best practices, and metrics developed 

15 under the program established in subsection (c). 

16 ‘‘(c) REGIONAL INNOVATION RESEARCH AND INFOR17 MATION PROGRAM.— 

18 ‘‘(1) IN GENERAL.—As part of the program es19 tablished under subsection (a), the Secretary shall 

20 establish a regional innovation research and infor21 mation program— 

22 ‘‘(A) to gather, analyze, and disseminate 

23 information on best practices for regional inno24 vation strategies (including regional innovation 

25 clusters), including information relating to how 


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1 innovation, productivity, and economic develop2 ment can be maximized through such strategies; 

3 ‘‘(B) to provide technical assistance, in4 cluding through the development of technical 

5 assistance guides, for the development and im6 plementation of regional innovation strategies 

7 (including regional innovation clusters); 

8 ‘‘(C) to support the development of rel9 evant metrics and measurement standards to 

10 evaluate regional innovation strategies (includ11 ing regional innovation clusters), including the 

12 extent to which such strategies stimulate inno13 vation, productivity, and economic development; 

14 and 

15 ‘‘(D) to collect and make available data on 

16 regional innovation cluster activity in the 

17 United States, including data on— 

18 ‘‘(i) the size, specialization, and com19 petitiveness of regional innovation clusters; 

20 ‘‘(ii) the regional domestic product 

21 contribution, total jobs and earnings by 

22 key occupations, establishment size, nature 

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1 evant information for regional innovation 

2 clusters; and 

3 ‘‘(iii) supply chain product and service 

4 flows within and between regional innova5 tion clusters. 

6 ‘‘(2) RESEARCH GRANTS.—The Secretary may 

7 award research grants on a competitive basis to sup8 port and further the goals of the program estab9 lished under this subsection. 

10 ‘‘(3) DISSEMINATION OF INFORMATION.—Data 

11 and analysis compiled by the Secretary under the 

12 program established in this subsection shall be made 

13 available to other Federal agencies, State and local 

14 governments, and nonprofit and for-profit entities. 

15 ‘‘(4) CLUSTER GRANT PROGRAM.—The Sec16 retary shall incorporate data and analysis relating to 

17 any regional innovation cluster supported by a grant 

18 under subsection (b) into the program established 

19 under this subsection. 

20 ‘‘(d) INTERAGENCY COORDINATION.— 

21 ‘‘(1) IN GENERAL.—To the maximum extent 

22 practicable, the Secretary shall ensure that the ac23 tivities carried out under this section are coordinated 

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1 grams at the Department of Commerce or other 

2 Federal agencies. 

3 ‘‘(2) COLLABORATION.— 

4 ‘‘(A) IN GENERAL.—The Secretary shall 

5 explore and pursue collaboration with other 

6 Federal agencies, including through multi7 agency funding opportunities, on regional inno8 vation strategies. 

9 ‘‘(B) SMALL BUSINESSES.—The Secretary 

10 shall ensure that such collaboration with Fed11 eral agencies prioritizes the needs and chal12 lenges of small businesses. 

13 ‘‘(e) EVALUATION.— 

14 ‘‘(1) IN GENERAL.—Not later than 4 years 

15 after the date of enactment of the America COM16 PETES Reauthorization Act of 2010, the Secretary 

17 shall enter into a contract with an independent enti18 ty, such as the National Academy of Sciences, to 

19 conduct an evaluation of the program established 

20 under subsection (a). 

21 ‘‘(2) REQUIREMENTS.—The evaluation shall in22 clude— 

23 ‘‘(A) whether the program is achieving its 

24 goals; 


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1 ‘‘(B) any recommendations for how the 

2 program may be improved; and 

3 ‘‘(C) a recommendation as to whether the 

4 program should be continued or terminated. 

5 ‘‘(f) DEFINITIONS.—In this section: 

6 ‘‘(1) REGIONAL INNOVATION CLUSTER.—The 

7 term ‘regional innovation cluster’ means a geo8 graphically bounded network of similar, synergistic, 

9 or complementary entities that— 

10 ‘‘(A) are engaged in or with a particular 

11 industry sector; 

12 ‘‘(B) have active channels for business 

13 transactions and communication; 

14 ‘‘(C) share specialized infrastructure, labor 

15 markets, and services; and 

16 ‘‘(D) leverage the region’s unique competi17 tive strengths to stimulate innovation and cre18 ate jobs. 

19 ‘‘(2) STATE.—The term ‘State’ means one of 

20 the several States, the District of Columbia, the 

21 Commonwealth of Puerto Rico, the Virgin Islands, 

22 Guam, American Samoa, the Commonwealth of the 

23 Northern Mariana Islands, or any other territory or 

24 possession of the United States. 


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1 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated such sums as are nec3 essary for each of fiscal years 2011 through 2015 to carry 

4 out this section, including such sums as are necessary to 

5 carry out the evaluation required under subsection (e).’’. 

6 SEC. 604. SCIENCE AND RESEARCH PARKS. 

7 The Stevenson-Wydler Technology Innovation Act of 

8 1980 (15 U.S.C. 3701 et seq.), as amended by section 

9 603, is further amended by adding at the end thereof the 

10 following: 

11 ‘‘SEC. 28. SCIENCE AND RESEARCH PARKS. 

12 ‘‘(a) ESTABLISHMENT.—Upon the application of an 

13 eligible recipient, the Secretary is authorized to provide 

14 financial assistance under this section for the development 

15 and construction of science and research parks to promote 

16 the clustering of innovation through high technology ac17 tivities. 

18 ‘‘(b) DEVELOPMENT OF PLANS FOR CONSTRUCTION

19 OF SCIENCE PARKS.— 

20 ‘‘(1) IN GENERAL.—The Secretary may award 

21 grants for the development of feasibility studies and 

22 plans for the construction of new science parks or 

23 renovation or expansion of existing science parks. 


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1 ‘‘(2) LIMITATION ON AMOUNT OF GRANTS.— 

2 The amount of a grant awarded under this sub3 section may not exceed $750,000. 

4 ‘‘(3) AWARD.— 

5 ‘‘(A) COMPETITION REQUIRED.—The Sec6 retary shall award grants under this subsection 

7 pursuant to a full and open competition. 

8 ‘‘(B) GEOGRAPHIC DISPERSION.— In con9 ducting a competitive process, the Secretary 

10 shall consider the need to avoid undue geo11 graphic concentration among any one category 

12 of States based on their predominate rural or 

13 urban character as indicated by population den14 sity. 

15 ‘‘(C) SELECTION CRITERIA.—The Sec16 retary shall publish the criteria to be utilized in 

17 any competition under this paragraph for the 

18 selection of recipients of grants under this sub19 section, which shall include requirements relat20 ing to the— 

21 ‘‘(i) effect the science park will have 

22 on regional economic growth and develop23 ment; 

24 ‘‘(ii) number of jobs to be created at 

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1 gional community each year during its first 

2 5 years; 

3 ‘‘(iii) funding to be required to con4 struct, renovate or expand, the science 

5 park during its first 5 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 

13 and research entities to locate in the 

14 science 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 

6 and conservation; 

7 ‘‘(xii) consideration to the trans8 formation of military bases affected by the 

9 base realignment and closure process 

10 (BRAC) or the redevelopment of existing 

11 buildings, structures, or brownfield sites 

12 that are abandoned, idled, or underused 

13 into single or multiple building facilities for 

14 science and technology companies and in15 stitutions; 

16 ‘‘(xiii) ability to collaborate with other 

17 science parks throughout the world; 

18 ‘‘(xiv) consideration of sustainable de19 velopment practices and the quality of life 

20 at the science park; and 

21 ‘‘(xv) other such criteria as the Sec22 retary shall prescribe. 

23 ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— 

24 There are authorized to be appropriated $7,500,000 


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1 for each of the fiscal years 2011 through 2015 to 

2 carry out this subsection. 

3 ‘‘(c) LOAN GUARANTEES FOR SCIENCE PARK INFRA4 STRUCTURE.— 

5 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

6 the Secretary may guarantee up to 80 percent of the 

7 loan amount for projects for the construction or ex8 pansion, including renovation and modernization, of 

9 science park infrastructure. 

10 ‘‘(2) LIMITATIONS ON GUARANTEE AMOUNTS.— 

11 The maximum amount of loan principal guaranteed 

12 under this subsection may not exceed— 

13 ‘‘(A) $50,000,000 with respect to any 

14 single project; and 

15 ‘‘(B) $500,000,000 with respect to all 

16 projects. 

17 ‘‘(3) SELECTION OF GUARANTEE RECIPI18 ENTS.—The Secretary shall select recipients of loan 

19 guarantees under this subsection based upon the 

20 ability of the recipient to collateralize the loan 

21 amount through bonds, equity, property, and such 

22 other things of values as the Secretary shall deem 

23 necessary. Recipients of grants under subsection (a) 

24 are not eligible for a loan guarantee during the pe25 riod of the grant. To the extent that the Secretary 


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1 determines it to be feasible, the Secretary may select 

2 recipients of guarantee assistance in accord with a 

3 competitive process that takes into account the fac4 tors set out in subsection (c) of this section. 

5 ‘‘(4) TERMS AND CONDITIONS FOR LOAN GUAR6 ANTEES.—The loans guaranteed under this sub7 section shall be subject to such terms and conditions 

8 as the Secretary may prescribe, except that— 

9 ‘‘(A) the final maturity of such loans made 

10 or guaranteed may not exceed the lesser of— 

11 ‘‘(i) 30 years; or 

12 ‘‘(ii) 90 percent of the useful life of 

13 any physical asset to be financed by the 

14 loan; 

15 ‘‘(B) a loan guaranteed under this sub16 section may not be subordinated to another 

17 debt contracted by the borrower or to any other 

18 claims against the borrowers in the case of de19 fault; 

20 ‘‘(C) a loan may not be guaranteed under 

21 this subsection unless the Secretary determines 

22 that the lender is responsible and that provision 

23 is made for servicing the loan on reasonable 

24 terms and in a manner that adequately protects 

25 the financial interest of the United States; 


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1 ‘‘(D) a loan may not be guaranteed under 

2 this subsection if— 

3 ‘‘(i) the income from the loan is ex4 cluded from gross income for purposes of 

5 chapter 1 of the Internal Revenue Code of 

6 1986; or 

7 ‘‘(ii) the guarantee provides signifi8 cant collateral or security, as determined 

9 by the Secretary in coordination with the 

10 Secretary of the Treasury, for other obliga11 tions the income from which is so excluded; 

12 ‘‘(E) any guarantee provided under this 

13 subsection shall be conclusive evidence that— 

14 ‘‘(i) the guarantee has been properly 

15 obtained; 

16 ‘‘(ii) the underlying loan qualified for 

17 the guarantee; and 

18 ‘‘(iii) absent fraud or material mis19 representation by the holder, the guarantee 

20 is presumed to be valid, legal, and enforce21 able; 

22 ‘‘(F) the Secretary may not extend credit 

23 assistance unless the Secretary has determined 

24 that there is a reasonable assurance of repay25 ment; and 


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1 ‘‘(G) new loan guarantees may not be com2 mitted except to the extent that appropriations 

3 of budget authority to cover their costs are 

4 made in advance, as required under section 504 

5 of the Federal Credit Reform Act of 1990 (2 

6 U.S.C. 661c). 

7 ‘‘(5) PAYMENT OF LOSSES.— 

8 ‘‘(A) IN GENERAL.—If, as a result of a de9 fault by a borrower under a loan guaranteed 

10 under this subsection, after the holder has 

11 made such further collection efforts and insti12 tuted such enforcement proceedings as the Sec13 retary may require, the Secretary determines 

14 that the holder has suffered a loss, the Sec15 retary shall pay to the holder the percentage of 

16 the loss specified in the guarantee contract. 

17 Upon making any such payment, the Secretary 

18 shall be subrogated to all the rights of the re19 cipient of the payment. The Secretary shall be 

20 entitled to recover from the borrower the 

21 amount of any payments made pursuant to any 

22 guarantee entered into under this section. 

23 ‘‘(B) ENFORCEMENT OF RIGHTS.—The At24 torney General shall take such action as may be 

25 appropriate to enforce any right accruing to the 


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1 United States as a result of the issuance of any 

2 guarantee under this section. 

3 ‘‘(C) FORBEARANCE.—Nothing in this sec4 tion may be construed to preclude any forbear5 ance for the benefit of the borrower which may 

6 be agreed upon by the parties to the guaranteed 

7 loan and approved by the Secretary, if budget 

8 authority for any resulting subsidy costs (as de9 fined in section 502(5) of the Federal Credit 

10 Reform Act of 1990) is available. 

11 ‘‘(6) REVIEW.— 

12 ‘‘(A) The Secretary shall periodically as13 sess the credit risk of new and existing direct 

14 loans or guaranteed loans. 

15 ‘‘(B) Not later than 2 years after the date 

16 of the enactment of the America COMPETES 

17 Reauthorization Act of 2010, the Comptroller 

18 General of the United States shall— 

19 ‘‘(i) conduct a review of the subsidy 

20 estimates for the loan guarantees under 

21 this subsection; and 

22 ‘‘(ii) submit to Congress a report on 

23 the review conducted under this paragraph. 


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1 ‘‘(7) TERMINATION.—A loan may not be guar2 anteed under this subsection after September 30, 

3 2015. 

4 ‘‘(8) AUTHORIZATION OF APPROPRIATIONS.— 

5 There are authorized to be appropriated— 

6 ‘‘(A) such sums as are necessary annually 

7 for the cost (as defined in section 502(5) of the 

8 Federal Credit Reform Act of 1990) of guaran9 teeing $500,000,000 in loans under this sub10 section, and 

11 ‘‘(B) such sums as may be necessary for 

12 administrative expenses in fiscal year 2011 and 

13 thereafter, 

14 such sums to remain available until expended. 

15 ‘‘(d) SCIENCE PARK DEFINED.—In this section, the 

16 term ‘science park’ means a property-based venture that— 

17 ‘‘(1) has— 

18 ‘‘(A) master-planned property and build19 ings designed primarily for private-public re20 search and development activities, high tech21 nology and science-based companies, and re22 search and development support services; 

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1 lated institution of higher education or govern2 mental or non-profit research laboratories; 

3 ‘‘(C) as its primary mission the promotion 

4 of research and development through industry 

5 partnerships, assisting in the growth of new 

6 ventures, and promoting innovation-driven eco7 nomic development; 

8 ‘‘(D) a role in facilitating the transfer of 

9 technology and business skills between research10 ers and industry teams; and 

11 ‘‘(E) a role in promoting technology-led 

12 economic development for the community or re13 gion in which the science park is located; 

14 ‘‘(2) is owned by a governmental or not-for15 profit entity; and 

16 ‘‘(3) may enter into partnerships or joint ven17 tures with for-profit entities for development or 

18 management of specific components of the park.’’. 

19 TITLE VII—GENERAL 

20 PROVISIONS 

21 SEC. 701. GOVERNMENT ACCOUNTABILITY OFFICE REVIEW. 

22 Not later than May 31, 2013, the Comptroller Gen23 eral of the United States shall submit a report to the Sen24 ate Committee on Commerce, Science, and Transportation 

25 and the House of Representatives Committee on Science 


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1 and Technology that evaluates the status of the programs 

2 authorized in this Act, including the extent to which such 

3 programs have been funded, implemented, and are con4 tributing to achieving the goals of the Act. 

5 SEC. 702. SALARY RESTRICTIONS. 

6 (a) OBSCENE MATTER ON FEDERAL PROPERTY.— 

7 None of the funds authorized under this Act may be used 

8 to pay the salary of any individual who is convicted of vio9 lating section 1460 of title 18, United States Code. 

10 (b) USE OF FEDERAL COMPUTERS FOR CHILD POR11 NOGRAPHY OR EXPLOITATION OF MINORS.—None of the 

12 funds authorized under this Act may be used to pay the 

13 salary of any individual who is convicted of a violation of 

14 section 2252 of title 18, United States Code. 

Æ 


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