II 

Calendar No. 687 

111TH CONGRESS 

2D SESSION S. 3605 

[Report No. 111–363] 

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 (for himself, Mr. NELSON of Florida, Ms. KLOBUCHAR, 

Mr. KAUFMAN, Mr. KERRY, Ms. CANTWELL, Mr. PRYOR, and Mr. 

BEGICH) introduced the following bill; which was read twice and referred 

to the Committee on Commerce, Science, and Transportation 

DECEMBER 10, 2010 

Reported by Mr. ROCKEFELLER, with an amendment 

[Strike all after the enacting clause and insert the part printed in italic] 

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, 


tjames on DSKG8SOYB1PROD with BILLS
2 

•S 3605 RS 

1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

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

4 the ‘‘America Creating Opportunities to Meaningfully Pro5 mote Excellence in Technology, Education, and Science 

6 Reauthorization Act of 2010’’. 

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

8 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

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. 


tjames on DSKG8SOYB1PROD with BILLS
3 

•S 3605 RS 

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. 

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. 


tjames on DSKG8SOYB1PROD with BILLS
4 

•S 3605 RS 

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

2 academic and professional disciplines of science, 

3 technology, engineering, and mathematics. 

4 TITLE I—OFFICE OF SCIENCE 

5 AND TECHNOLOGY POLICY 

6 SEC. 101. NATIONAL INNOVATION AND COMPETITIVENESS 

7 STRATEGY. 

8 Not later than one year after the date of the enact9 ment of this Act, the Director of the Office of Science and 

10 Technology Policy shall submit to Congress and the Presi11 dent a national innovation and competitiveness strategy 

12 for strengthening the innovative and competitive capacity 

13 of the Federal Government, State and local governments, 

14 institutions of higher education, and the private sector 

15 that includes— 

16 (1) proposed legislative changes and action; 

17 (2) proposed actions to be taken collectively by 

18 executive agencies, including White House offices; 

19 (3) proposed actions to be taken by individual 

20 executive agencies, including White House offices; 

21 and 

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

23 oversight of the progress of the Federal Government 

24 with respect to improving conditions for the innovaVerDate Mar 15 2010 00:40 Dec 11, 2010 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6401 E:\BILLS\S3605.RS S3605

tjames on DSKG8SOYB1PROD with BILLS
5 

•S 3605 RS 

1 tion occurring in and the competitiveness of the 

2 United States. 

3 SEC. 102. COORDINATION OF FEDERAL STEM EDUCATION. 

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

5 committee under the National Science and Technology 

6 Council, including the Office of Management and Budget, 

7 with the responsibility to coordinate Federal programs and 

8 activities in support of STEM education, including at the 

9 National Science Foundation, the Department of Energy, 

10 the National Aeronautics and Space Administration, the 

11 National Oceanic and Atmospheric Administration, the 

12 Department of Education, and all other Federal agencies 

13 that have programs and activities in support of STEM 

14 education. 

15 (b) RESPONSIBILITIES.—The committee established 

16 under subsection (a) shall— 

17 (1) coordinate the STEM education activities 

18 and programs of the Federal agencies; 

19 (2) coordinate STEM education activities and 

20 programs with the Office of Management and Budg21 et; 

22 (3) review STEM education activities and pro23 grams to ensure they are not duplicative of similar 

24 efforts within the Federal government; 


tjames on DSKG8SOYB1PROD with BILLS
6 

•S 3605 RS 

1 (4) develop, implement through the partici2 pating agencies, and update once every 5 years a 5- 

3 year STEM education strategic plan, which shall— 

4 (A) specify and prioritize annual and long5 term objectives; 

6 (B) specify the common metrics that will 

7 be used to assess progress toward achieving the 

8 objectives; 

9 (C) describe the approaches that will be 

10 taken by each participating agency to assess the 

11 effectiveness of its STEM education programs 

12 and activities; and 

13 (D) with respect to subparagraph (A), de14 scribe the role of each agency in supporting 

15 programs and activities designed to achieve the 

16 objectives; and 

17 (5) establish, periodically update, and maintain 

18 an inventory of federally sponsored STEM education 

19 programs and activities, including documentation of 

20 assessments of the effectiveness of such programs 

21 and activities and rates of participation by women, 

22 underrepresented minorities, and persons in rural 

23 areas in such programs and activities. 

24 (b) RESPONSIBILITIES OF OSTP.—The Director 

25 shall encourage and monitor the efforts of the particiVerDate Mar 15 2010 00:40 Dec 11, 2010 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6401 E:\BILLS\S3605.RS S3605

tjames on DSKG8SOYB1PROD with BILLS
7 

•S 3605 RS 

1 pating agencies to ensure that the strategic plan under 

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

3 that the objectives of the strategic plan are met. 

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

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

6 request describing the plan required under subsection 

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

8 (1) a description of the STEM education pro9 grams and activities for the previous and current fis10 cal years, and the proposed programs and activities 

11 under the President’s budget request, of each par12 ticipating Federal agency; 

13 (2) the levels of funding for each participating 

14 Federal agency for the programs and activities de15 scribed under paragraph (1) for the previous fiscal 

16 year and under the President’s budget request; 

17 (3) an evaluation of the levels of duplication 

18 and fragmentation of the programs and activities de19 scribed under paragraph (1); 

20 (4) except for the initial annual report, a de21 scription of the progress made in carrying out the 

22 implementation plan, including a description of the 

23 outcome of any program assessments completed in 

24 the previous year, and any changes made to that 

25 plan since the previous annual report; and 


tjames on DSKG8SOYB1PROD with BILLS
8 

•S 3605 RS 

1 (5) a description of how the participating Fed2 eral agencies will disseminate information about fed3 erally supported resources for STEM education 

4 practitioners, including teacher professional develop5 ment programs, to States and to STEM education 

6 practitioners, including to teachers and administra7 tors in schools that meet the criteria described in 

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

9 Department of Energy Science Education Enhance10 ment Act (42 U.S.C. 7381j(c)(1)(A) and (B)). 

11 SEC. 103. CYBERINFRASTRUCTURE IMPROVEMENT STUDY. 

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

13 Technology Advisory Committee, in coordination with the 

14 Office of Science and Technology Policy and the national 

15 coordination office of the Networking and Information 

16 Technology Research and Development Program, shall 

17 conduct a comprehensive study of the status of programs 

18 supporting innovation-enabling cyberinfrastructure of re19 gional, thematic, or technological importance in States 

20 that historically have received relatively little Federal re21 search and development funding. 

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

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

24 EPSCoR Research Infrastructure Improvement Pro25 gram applications and awards and shall evaluate— 


tjames on DSKG8SOYB1PROD with BILLS
9 

•S 3605 RS 

1 (A) the demand for hardware, software, 

2 network capability and capacity, institutions, 

3 and expertise related to cyberinfrastructure at 

4 institutions in EPSCoR States; and 

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

6 achieving the programmatic goals outlined by the 

7 National Science Foundation; 

8 (2) an analysis of the effectiveness of the Na9 tional Institutes of Health IDeANet initiative in 

10 broadening access to high-performance computa11 tional resources; and 

12 (3) recommendations for ensuring accessibility 

13 and vitality of cyberinfrastructure for scientific re14 search and education. 

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

16 containing its findings, conclusions, and recommendations 

17 to the Senate Committee on Commerce, Science, and 

18 Transportation and the House of Representatives Com19 mittee on Science and Technology within 180 days after 

20 the date of enactment of this Act. 

21 SEC. 104. INTERAGENCY PUBLIC ACCESS COMMITTEE. 

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

23 working group under the National Science and Technology 

24 Council with the responsibility to coordinate Federal 

25 science agency research and policies related to the dissemiVerDate Mar 15 2010 00:40 Dec 11, 2010 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6401 E:\BILLS\S3605.RS S3605

tjames on DSKG8SOYB1PROD with BILLS
10 

•S 3605 RS 

1 nation and long-term stewardship of the results of unclas2 sified research, including digital data and peer-reviewed 

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

4 funding from the Federal science agencies. 

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

6 (1) identify the specific objectives and public in7 terest being addressed by any policies coordinated 

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

9 the needs of the private sector; 

10 (2) take into account inherent variability among 

11 Federal science agencies and scientific disciplines in 

12 the nature of research, types of data, and dissemina13 tion models; 

14 (3) coordinate the development or designation 

15 of standards for research data, the structure of full 

16 text and metadata, navigation tools, and other appli17 cations to maximize interoperability across Federal 

18 science agencies, across science and engineering dis19 ciplines, and between research data and scholarly 

20 publications, taking into account existing consensus 

21 standards, including international standards; 

22 (4) coordinate Federal science agency programs 

23 and activities that support research and education 

24 on tools and systems required to ensure preservation 


tjames on DSKG8SOYB1PROD with BILLS
11 

•S 3605 RS 

1 and stewardship of all forms of digital research data, 

2 including scholarly publications; 

3 (5) work with international science and tech4 nology counterparts to maximize interoperability be5 tween United States based unclassified research 

6 databases and international databases and reposi7 tories; 

8 (6) solicit input and recommendations from, 

9 and collaborate with, non-Federal stakeholders, in10 cluding the public, universities, nonprofit and for11 profit publishers, libraries, federally funded and non12 federally funded research scientists, and other orga13 nizations and institutions with a stake in long term 

14 preservation and access to the results of federally 

15 funded research; 

16 (7) establish priorities for coordinating the de17 velopment of any Federal science agency policies re18 lated to public access to the results of federally 

19 funded research to maximize the benefits of such 

20 policies with respect to their potential economic or 

21 other impact on, the science and engineering enter22 prise and the stakeholders thereof; 

23 (8) take into consideration the distinction be24 tween scholarly publications and digital data; 


tjames on DSKG8SOYB1PROD with BILLS
12 

•S 3605 RS 

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

2 peer review process in ensuring the integrity of the 

3 record of scientific research, including the invest4 ments and added value that they make; and 

5 (10) examine Federal agency practices and pro6 cedures for providing research reports to the agen7 cies charged with locating and preserving unclassi8 fied research. 

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

10 section shall be construed to undermine any right under 

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

12 (d) APPLICATION WITH EXISTING LAW.—Nothing 

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

14 law with respect to federal science agencies’ policies re15 lated to public access. 

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

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

18 transmit a report to Congress describing— 

19 (1) the specific objectives and public interest 

20 identified under (b)(1); 

21 (2) any priorities established under subsection 

22 (b)(7); 

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

24 have had on the science and engineering enterprise 


tjames on DSKG8SOYB1PROD with BILLS
13 

•S 3605 RS 

1 and the stakeholders, including the financial impact 

2 on research budgets; 

3 (4) the status of any Federal science agency 

4 policies related to public access to the results of fed5 erally funded research; and 

6 (5) how any policies developed or being devel7 oped by Federal science agencies, as described in 

8 subsection (a), incorporate input from the non-Fed9 eral stakeholders described in subsection (b)(6). 

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

11 purposes of this section, the term ‘‘Federal science agen12 cy’’ means any Federal agency with an annual extramural 

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

14 SEC. 105. FEDERAL SCIENTIFIC COLLECTIONS. 

15 (a) MANAGEMENT OF SCIENTIFIC COLLECTIONS.— 

16 The Office of Science and Technology Policy shall develop 

17 policies for the management and use of Federal scientific 

18 collections to improve the quality, organization, access, in19 cluding online access, and long-term preservation of such 

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

21 developing those policies the Office of Science and Tech22 nology Policy shall consult, as appropriate, with— 

23 (1) Federal agencies with such collections; and 

24 (2) representatives of other organizations, insti25 tutions, and other entities not a part of the Federal 


tjames on DSKG8SOYB1PROD with BILLS
14 

•S 3605 RS 

1 Government that have a stake in the preservation, 

2 maintenance, and accessibility of such collections, in3 cluding State and local government agencies, institu4 tions of higher education, museums, and other enti5 ties engaged in the acquisition, holding, manage6 ment, or use of scientific collections. 

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

8 Technology Policy, in consultation with relevant Federal 

9 agencies, shall ensure the development of an online clear10 inghouse for information on the contents of and access 

11 to Federal scientific collections. 

12 (c) DISPOSAL OF COLLECTIONS.—The policies devel13 oped under subsection (a) shall— 

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

15 collection, a Federal agency shall— 

16 (A) conduct a review of the research value 

17 of the collection; and 

18 (B) consult with researchers who have 

19 used the collection, and other potentially inter20 ested parties, concerning— 

21 (i) the collection’s value for research 

22 purposes; and 

23 (ii) possible additional educational 

24 uses for the collection; and 


tjames on DSKG8SOYB1PROD with BILLS
15 

•S 3605 RS 

1 (2) include procedures for Federal agencies to 

2 transfer scientific collections they no longer need to 

3 researchers at institutions or other entities qualified 

4 to manage the collections. 

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

6 Technology Policy, in consultation with relevant Federal 

7 agencies, shall develop a common set of methodologies to 

8 be used by Federal agencies for the assessment and pro9 jection of costs associated with the management and pres10 ervation of their scientific collections. 

11 (e) SCIENTIFIC COLLECTION DEFINED.—In this sec12 tion, the term ‘‘scientific collection’’ means a set of phys13 ical specimens, living or inanimate, created for the purpose 

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

15 asset, rather than for their market value as collectibles 

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

17 as appropriate and feasible, the associated specimen data 

18 and materials. 

19 SEC. 106. PRIZE COMPETITIONS. 

20 The Stevenson-Wydler Technology Innovation Act of 

21 1980 (15 U.S.C. 3701 et seq.) is amended by adding at 

22 the end the following: 

23 ‘‘SEC. 24. PRIZE COMPETITIONS. 

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


tjames on DSKG8SOYB1PROD with BILLS
16 

•S 3605 RS 

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

2 Federal agency. 

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

4 the Director of the Office of Science and Technology 

5 Policy. 

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

7 agency’ has the meaning given under section 4, ex8 cept that term shall not include any agency of the 

9 legislative branch of the Federal Government. 

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

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

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

13 heads of multiple agencies in cooperation, may carry out 

14 a program to award prizes competitively to stimulate inno15 vation that has the potential to advance the mission of 

16 the respective agency. 

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

18 may be one or more of the following: 

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

20 spurs the development of solutions for a particular, 

21 well-defined problem. 

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

23 promote a broad range of ideas and practices that 

24 may not otherwise attract attention, facilitating furVerDate Mar 15 2010 00:40 Dec 11, 2010 Jkt 099200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6401 E:\BILLS\S3605.RS S3605

tjames on DSKG8SOYB1PROD with BILLS
17 

•S 3605 RS 

1 ther development of the idea or practice by third 

2 parties. 

3 ‘‘(3) Participation prizes that create value dur4 ing and after the competition by encouraging con5 testants to change their behavior or develop new 

6 skills that may have beneficial effects during and 

7 after the competition. 

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

9 an agency considers appropriate to stimulate innova10 tion that has the potential to advance the mission of 

11 the respective agency. 

12 ‘‘(d) TOPICS.—In selecting topics for prize competi13 tions, the head of an agency shall consult widely both with14 in and outside the Federal Government, and may empanel 

15 advisory committees. 

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

17 widely advertise each prize competition to encourage broad 

18 participation. 

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

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

21 notice in the Federal Register announcing— 

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

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

24 the competition; 


tjames on DSKG8SOYB1PROD with BILLS
18 

•S 3605 RS 

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

2 the competition; 

3 ‘‘(4) the amount of the prize; and 

4 ‘‘(5) the basis on which a winner will be se5 lected. 

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

7 under this section, an individual or entity— 

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

9 competition under any rules promulgated by the 

10 head of an agency under subsection (f); 

11 ‘‘(2) shall have complied with all the require12 ments under this section; 

13 ‘‘(3) in the case of a private entity, shall be in14 corporated in and maintain a primary place of busi15 ness in the United States, and in the case of an in16 dividual, whether participating singly or in a group, 

17 shall be a citizen or permanent resident of the 

18 United States; and 

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

20 employee acting within the scope of their employ21 ment. 

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

23 An individual or entity shall not be deemed ineligible 

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

25 Federal facilities or consulted with Federal employees durVerDate Mar 15 2010 00:40 Dec 11, 2010 Jkt 099200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6401 E:\BILLS\S3605.RS S3605

tjames on DSKG8SOYB1PROD with BILLS
19 

•S 3605 RS 

1 ing a competition if the facilities and employees are made 

2 available to all individuals and entities participating in the 

3 competition on an equitable basis. 

4 ‘‘(i) LIABILITY.— 

5 ‘‘(1) IN GENERAL.— 

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

7 term ‘related entity’ means a contractor or sub8 contractor at any tier, and a supplier, user, cus9 tomer, cooperating party, grantee, investigator, 

10 or detailee. 

11 ‘‘(B) LIABILITY.—Registered participants 

12 shall be required to agree to assume any and all 

13 risks and waive claims against the Federal Gov14 ernment and its related entities, except in the 

15 case of willful misconduct, for any injury, 

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

17 profits, whether direct, indirect, or consequen18 tial, arising from their participation in a com19 petition, whether the injury, death, damage, or 

20 loss arises through negligence or otherwise. 

21 ‘‘(2) INSURANCE.—Participants shall be re22 quired to obtain liability insurance or demonstrate 

23 financial responsibility, in amounts determined by 

24 the head of an agency, for claims by— 


tjames on DSKG8SOYB1PROD with BILLS
20 

•S 3605 RS 

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

2 or property damage, or loss resulting from an 

3 activity carried out in connection with participa4 tion in a competition, with the Federal Govern5 ment named as an additional insured under the 

6 registered participant’s insurance policy and 

7 registered participants agreeing to indemnify 

8 the Federal Government against third party 

9 claims for damages arising from or related to 

10 competition activities; and 

11 ‘‘(B) the Federal Government for damage 

12 or loss to Government property resulting from 

13 such an activity. 

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

15 not require a participant to waive claims against the 

16 administering entity arising out of the unauthorized 

17 use or disclosure by the agency of the intellectual 

18 property, trade secrets, or confidential business in19 formation of the participant. 

20 ‘‘(j) INTELLECTUAL PROPERTY.— 

21 ‘‘(1) PROHIBITION ON THE GOVERNMENT AC22 QUIRING INTELLECTUAL PROPERTY RIGHTS.—The 

23 Federal Government may not gain an interest in in24 tellectual property developed by a participant in a 


tjames on DSKG8SOYB1PROD with BILLS
21 

•S 3605 RS 

1 competition without the written consent of the par2 ticipant. 

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

4 negotiate a license for the use of intellectual prop5 erty developed by a participant for a competition. 

6 ‘‘(k) JUDGES.— 

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

8 head of an agency, either directly or through an 

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

10 more qualified judges to select the winner or winners 

11 of the prize competition on the basis described under 

12 subsection (f). Judges for each competition may in13 clude individuals from outside the agency, including 

14 from the private sector. 

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

16 ‘‘(A) have personal or financial interests 

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

18 of any entity that is a registered participant in 

19 a competition; or 

20 ‘‘(B) have a familial or financial relation21 ship with an individual who is a registered par22 ticipant. 

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

24 carry out competitions under this section shall de25 velop guidelines to ensure that the judges appointed 


tjames on DSKG8SOYB1PROD with BILLS
22 

•S 3605 RS 

1 for such competitions are fairly balanced and oper2 ate in a transparent manner. 

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

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

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

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

7 purpose of judging prize competitions under this sec8 tion. 

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

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

11 nonprofit entity to administer a prize competition, subject 

12 to the provisions of this section. 

13 ‘‘(m) FUNDING.— 

14 ‘‘(1) IN GENERAL.—Support for a prize com15 petition under this section, including financial sup16 port for the design and administration of a prize or 

17 funds for a monetary prize purse, may consist of 

18 Federal appropriated funds and funds provided by 

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

20 an agency may accept funds from other Federal 

21 agencies to support such competitions. The head of 

22 an agency may not give any special consideration to 

23 any private sector entity in return for a donation. 

24 ‘‘(2) AVAILABILITY OF FUNDS.—Notwith25 standing any other provision of law, funds approVerDate Mar 15 2010 00:40 Dec 11, 2010 Jkt 099200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6401 E:\BILLS\S3605.RS S3605

tjames on DSKG8SOYB1PROD with BILLS
23 

•S 3605 RS 

1 priated for prize awards under this section shall re2 main available until expended, and may be trans3 ferred, reprogrammed, or expended for other pur4 poses only after the expiration of 10 fiscal years 

5 after the fiscal year for which the funds were origi6 nally appropriated. No provision in this section per7 mits obligation or payment of funds in violation of 

8 section 1341 of title 31, United States Code. 

9 ‘‘(3) AMOUNT OF PRIZE.— 

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

11 announced under subsection (f) until all the 

12 funds needed to pay out the announced amount 

13 of the prize have been appropriated or com14 mitted in writing by a private source. 

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

16 an agency may increase the amount of a prize 

17 after an initial announcement is made under 

18 subsection (f) only if— 

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

20 in the same manner as the initial notice of 

21 the prize; and 

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

23 announced amount of the increase have 

24 been appropriated or committed in writing 

25 by a private source. 


tjames on DSKG8SOYB1PROD with BILLS
24 

•S 3605 RS 

1 ‘‘(4) LIMITATION ON AMOUNT.— 

2 ‘‘(A) NOTICE TO CONGRESS.—No prize 

3 competition under this section may offer a prize 

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

5 30 days have elapsed after written notice has 

6 been transmitted to the Committee on Com7 merce, Science, and Transportation of the Sen8 ate and the Committee on Science and Tech9 nology of the House of Representatives. 

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

11 No prize competition under this section may re12 sult in the award of more than $1,000,000 in 

13 cash prizes without the approval of the head of 

14 an agency. 

15 ‘‘(n) GENERAL SERVICE ADMINISTRATION ASSIST16 ANCE.—Not later than 180 days after the date of the en17 actment of the America COMPETES Reauthorization Act 

18 of 2010, the General Services Administration shall provide 

19 government wide services to share best practices and assist 

20 agencies in developing guidelines for issuing prize competi21 tions. The General Services Administration shall develop 

22 a contract vehicle to provide agencies access to relevant 

23 products and services, including technical assistance in 

24 structuring and conducting prize competitions to take 

25 maximum benefit of the marketplace as they identify and 


tjames on DSKG8SOYB1PROD with BILLS
25 

•S 3605 RS 

1 pursue prize competitions to further the policy objectives 

2 of the Federal Government. 

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

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

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

6 under this section, be responsible for compliance by 

7 registered participants in a prize competition with 

8 Federal law, including licensing, export control, and 

9 nonproliferation laws, and related regulations. 

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

11 this section affects the prize authority authorized by 

12 any other provision of law. 

13 ‘‘(3) REPEAL OF SPACE ACT LIMITATION.—Sec14 tion 314(a) of the National Aeronautics and Space 

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

16 striking ‘‘The Administration may carry out a pro17 gram to award prizes only in conformity with this 

18 section.’’. 

19 ‘‘(p) ANNUAL REPORT.— 

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

21 each year, the Director shall submit to the Com22 mittee on Commerce, Science, and Transportation of 

23 the Senate and the Committee on Science and Tech24 nology of the House of Representatives a report on 


tjames on DSKG8SOYB1PROD with BILLS
26 

•S 3605 RS 

1 the activities carried out during the preceding fiscal 

2 year under the authority in subsection (b). 

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

4 a fiscal year under this subsection shall include, for 

5 each prize competition under subsection (b), the fol6 lowing: 

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

8 the proposed goals of each prize competition. 

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

10 of why the utilization of the authority in sub11 section (b) was the preferable method of achiev12 ing the goals described in subparagraph (A) as 

13 opposed to other authorities available to the 

14 agency, such as contracts, grants, and coopera15 tive agreements. 

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

17 amount of cash prizes awarded for each prize 

18 competition, including a description of amount 

19 of private funds contributed to the program, the 

20 sources of such funds, and the manner in which 

21 the amounts of cash prizes awarded and 

22 claimed were allocated among the accounts of 

23 the agency for recording as obligations and ex24 penditures. 


tjames on DSKG8SOYB1PROD with BILLS
27 

•S 3605 RS 

1 ‘‘(D) SOLICITATIONS AND EVALUATION OF

2 SUBMISSIONS.—The methods used for the solic3 itation and evaluation of submissions under 

4 each prize competition, together with an assess5 ment of the effectiveness of such methods and 

6 lessons learned for future prize competitions. 

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

8 resources, including personnel and funding, 

9 used in the execution of each prize competition 

10 together with a detailed description of the ac11 tivities for which such resources were used and 

12 an accounting of how funding for execution was 

13 allocated among the accounts of the agency for 

14 recording as obligations and expenditures. 

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

16 prize competition advanced the mission of the 

17 agency concerned.’’. 

18 TITLE II—NATIONAL AERO19 NAUTICS AND SPACE ADMIN20 ISTRATION. 

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

22 COMPETITIVENESS. 

23 It is the sense of Congress that a renewed emphasis 

24 on technology development would enhance current mission 

25 capabilities and enable future missions, while encouraging 


tjames on DSKG8SOYB1PROD with BILLS
28 

•S 3605 RS 

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

2 NASA’s Innovative Partnership Program is a valuable 

3 mechanism to accelerate technology maturation and en4 courage the transfer of technology into the private sector. 

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

6 (a) SENSE OF CONGRESS.—It is the sense of Con7 gress that NASA is uniquely positioned to interest stu8 dents in science, technology, engineering, and mathe9 matics, not only by the example it sets, but through its 

10 education programs. 

11 (b) EDUCATIONAL PROGRAM GOALS.—NASA shall 

12 develop educational programs— 

13 (1) to carry out and support research based 

14 programs and activities designed to increase student 

15 interest and participation in STEM fields; 

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

17 (3) that employ proven strategies and methods 

18 for improving student learning and teaching in 

19 STEM fields; 

20 (4) to provide curriculum support materials and 

21 other resources that— 

22 (A) are designed to be integrated with 

23 comprehensive STEM field education; 

24 (B) are aligned with national science edu25 cation standards; and 


tjames on DSKG8SOYB1PROD with BILLS
29 

•S 3605 RS 

1 (C) promote the adoption and implementa2 tion of high-quality education practices that 

3 build toward college and career-readiness; and 

4 (5) to create and support opportunities for en5 hanced and ongoing professional development for 

6 teachers using best practices that improve the 

7 STEM field content and knowledge of the teachers. 

8 SEC. 203. INTERNATIONAL SPACE STATION’S CONTRIBU9 TION TO NATIONAL COMPETITIVENESS EN10 HANCEMENT. 

11 (a) SENSE OF CONGRESS.—It is the sense of the Con12 gress that the International Space Station represents a 

13 valuable and unique national asset which can be utilized 

14 to increase educational opportunities and scientific and 

15 technological innovation which will enhance the Nation’s 

16 economic security and competitiveness in the global tech17 nology fields of endeavor. If the period for active utiliza18 tion of the International Space Station is extended to at 

19 least the year 2020, the potential for such opportunities 

20 and innovation would be increased. Efforts should be 

21 made to fully realize that potential. 

22 (b) EVALUATION AND ASSESSMENT OF NASA’S

23 INTERAGENCY CONTRIBUTION.—Pursuant to the author24 ity provided in title II of the America COMPETES Act 

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


tjames on DSKG8SOYB1PROD with BILLS
30 

•S 3605 RS 

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

2 contribution to interagency efforts to enhance science, 

3 technology, engineering, and mathematics education capa4 bilities, and to enhance the Nation’s technological excel5 lence and global competitiveness. The Administrator shall 

6 identify these enhancements in the annual reports re7 quired by section 2001(e) of that Act (42 U.S.C. 

8 16611a(e)). 

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

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

11 shall provide to the House of Representatives Committee 

12 on Science and Technology and the Senate Committee on 

13 Commerce, Science, and Transportation a report on the 

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

15 shall include— 

16 (1) a description of current and potential activi17 ties associated with utilization of the International 

18 Space Station which are supportive of the goals of 

19 educational excellence and innovation and competi20 tive enhancement established or reaffirmed by this 

21 Act, including a summary of the goals supported, 

22 the number of individuals or organizations partici23 pating in or benefiting from such activities, and a 

24 summary of how such activities might be expanded 

25 or improved upon; 


tjames on DSKG8SOYB1PROD with BILLS
31 

•S 3605 RS 

1 (2) a description of government and private 

2 partnerships which are, or may be, established to ef3 fectively utilize the capabilities represented by the 

4 International Space Station to enhance United 

5 States competitiveness, innovation and science, tech6 nology, engineering, and mathematics education; and 

7 (3) a summary of proposed actions or activities 

8 to be undertaken to ensure the maximum utilization 

9 of the International Space Station to contribute to 

10 fulfillment of the goals and objectives of this Act, 

11 and the identification of any additional authority, 

12 assets, or funding that would be required to support 

13 such activities. 

14 SEC. 204. DEFINITIONS. 

15 In this title: 

16 (1) ADMINISTRATOR.—The term ‘‘Adminis17 trator’’ means the Administrator of NASA. 

18 (2) NASA.—The term ‘‘NASA’’ means the Na19 tional Aeronautics and Space Administration. 

20 TITLE III—OCEAN AND 

21 ATMOSPHERIC PROGRAMS 

22 SEC. 301. OCEANIC AND ATMOSPHERIC RESEARCH AND DE23 VELOPMENT PROGRAM. 

24 Section 4001 of the America COMPETES Act (33 

25 U.S.C. 893) is amended— 


tjames on DSKG8SOYB1PROD with BILLS
32 

•S 3605 RS 

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

2 ‘‘The Administrator’’; and 

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

4 ‘‘(b) OCEAN AND ATMOSPHERIC RESEARCH AND DE5 VELOPMENT PROGRAM.—The Administrator shall imple6 ment programs and activities— 

7 ‘‘(1) to identify emerging and innovative re8 search and development priorities to enhance U.S. 

9 competitiveness, support development of new eco10 nomic opportunities based on NOAA research, obser11 vations, monitoring modeling, and predictions that 

12 sustain ecosystem services; 

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

14 ocean and atmospheric science and competitiveness 

15 in the applied uses of such knowledge, including for 

16 the development and expansion of economic opportu17 nities; and 

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

19 and atmospheric research and development, includ20 ing potentially transformational research, in collabo21 ration with other relevant Federal agencies, aca22 demic institutions, the private sector, and non23 governmental programs, consistent with the Admin24 istration’s mission to understand, observe, and 


tjames on DSKG8SOYB1PROD with BILLS
33 

•S 3605 RS 

1 model the Earth’s atmosphere and biosphere, includ2 ing the oceans, in an integrated manner. 

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

4 date of enactment of the America COMPETES Reauthor5 ization Act of 2010, the Administrator, in consultation 

6 with the National Science Foundation or other such agen7 cies with mature transformational research portfolios, 

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

9 strategy for enhancing transformational research in its re10 search and development portfolio to increase United 

11 States competitiveness in oceanic and atmospheric science 

12 and technology. The report shall— 

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

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

15 research and development where transformational 

16 research has the potential to make significant and 

17 revolutionary –advancements in both understanding 

18 and U.S. science leadership; 

19 ‘‘(3) describe how transformational research 

20 priorities are identified and appropriately –balanced 

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

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

23 competitive peer review and priority-setting –process, 

24 funding mechanisms, performance and evaluation 


tjames on DSKG8SOYB1PROD with BILLS
34 

•S 3605 RS 

1 measures, and transition-to-operation guidelines for 

2 transformational research; and 

3 ‘‘(5) describe partnerships with other agencies 

4 involved in transformational research. 

5 ‘‘(d) PARTNERSHIPS AND AGREEMENTS.— 

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

7 execute such contracts, leases, grants, cooperative 

8 agreements, or other agreements and transactions 

9 with any agency or instrumentality of the United 

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

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

12 partnership, educational institution, nonprofit orga13 nization, or international organization as may be 

14 necessary to carry out this title. 

15 ‘‘(2) SPECIFIC AUTHORITY.—Notwithstanding 

16 any other provision of law, the Administrator may— 

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

18 years for the use of unimproved land to site 

19 small shelter facilities, antennae, and equipment 

20 including weather, tide, tidal currents, river, 

21 and air sampling or measuring equipment; 

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

23 years at no cost to site facilities and equipment 

24 including weather, tide, tidal currents, river, 

25 and air sampling or measuring equipment; 


tjames on DSKG8SOYB1PROD with BILLS
35 

•S 3605 RS 

1 ‘‘(C) acquire (by purchase, lease, or other2 wise), lease, sell, and dispose of or convey serv3 ices, money, securities, or property (whether 

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

5 or an interest therein; 

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

7 maintain, outgrant, and dispose of real or per8 sonal property, including buildings, facilities, 

9 and land; and 

10 ‘‘(E) waive capital lease scoring require11 ments for any lease of space on commercial an12 tennas to support weather radio equipment, air 

13 sampling, or measuring equipment. 

14 ‘‘(3) CERTAIN LEASED EQUIPMENT.—Notwith15 standing any other provision of law, rule, or regula16 tion, leases of antenna or equipment on towers or 

17 other structures shall be considered operating leases 

18 for the purpose of capital lease scoring. 

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

20 Administrator may accept, retain, and use funds re21 ceived from any party pursuant to an agreement en22 tered into under this subsection for activities fur23 thering the purposes of this title.’’. 


tjames on DSKG8SOYB1PROD with BILLS
36 

•S 3605 RS 

1 SEC. 302. OCEAN AND ATMOSPHERIC SCIENCE EDUCATION 

2 PROGRAMS. 

3 Section 4002 of the America COMPETES Act (33 

4 U.S.C. 893a) is amended— 

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

6 and inserting ‘‘agency, with consideration given to 

7 the goal of promoting the participation of individuals 

8 from underrepresented groups in STEM fields and 

9 in promoting the acquisition and retention of highly 

10 qualified and motivated young scientists to com11 plement and supplement workforce needs.’’; 

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

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

14 (3) by inserting after subsection (a) the fol15 lowing: 

16 ‘‘(b) EDUCATIONAL PROGRAM GOALS.—The edu17 cation programs developed by NOAA shall, to the extent 

18 applicable— 

19 ‘‘(1) carry out and support research based pro20 grams and activities designed to increase student in21 terest and participation in STEM; 

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

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

24 improving student learning and teaching in STEM; 

25 ‘‘(4) provide curriculum support materials and 

26 other resources that— 


tjames on DSKG8SOYB1PROD with BILLS
37 

•S 3605 RS 

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

2 comprehensive STEM education; 

3 ‘‘(B) are aligned with national science edu4 cation standards; and 

5 ‘‘(C) produce the adoption and implemen6 tation of high-quality education practices that 

7 build toward college and career-readiness; and 

8 ‘‘(5) create and support opportunities for en9 hanced and ongoing professional development for 

10 teachers using best practices that improves the 

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

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

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

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

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

16 term ‘STEM fields’ means the academic and professional 

17 disciplines of science, technology, engineering, and mathe18 matics.’’. 

19 SEC. 303. WORKFORCE STUDY. 

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

21 cooperation with the Secretary of Education, shall request 

22 the National Academy of Sciences to conduct a study on 

23 the scientific workforce in the areas of oceanic and atmos24 pheric research and development. The study shall inves25 tigate— 


tjames on DSKG8SOYB1PROD with BILLS
38 

•S 3605 RS 

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

2 of individuals with advanced degrees in oceanic and 

3 atmospheric sciences who have the ability to conduct 

4 high quality scientific research in physical and chem5 ical oceanography, meteorology, and atmospheric 

6 modeling, and related fields, for government, non7 profit, and private sector entities; 

8 (2) what Federal programs are available to help 

9 facilitate the education of students hoping to pursue 

10 these degrees; 

11 (3) barriers to transitioning highly qualified 

12 oceanic and atmospheric scientists into Federal civil 

13 service scientist career tracks; 

14 (4) what institutions of higher education, the 

15 private sector, and the Congress could do to increase 

16 the number of individuals with such post bacca17 laureate degrees; 

18 (5) the impact of an aging Federal scientist 

19 workforce on the ability of Federal agencies to con20 duct high quality scientific research; and 

21 (6) what actions the Federal government can 

22 take to assist the transition of highly qualified sci23 entists into Federal career scientist positions and en24 sure that the experiences of retiring Federal sciVerDate Mar 15 2010 00:40 Dec 11, 2010 Jkt 099200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6401 E:\BILLS\S3605.RS S3605

tjames on DSKG8SOYB1PROD with BILLS
39 

•S 3605 RS 

1 entists are adequately documented and transferred 

2 prior to retirement from Federal service. 

3 (b) COORDINATION.—The Secretary and the Sec4 retary of Education shall consult with the heads of other 

5 Federal agencies and departments with oceanic and at6 mospheric expertise or authority in preparing the speci7 fications for the study. 

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

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

10 of Education shall transmit a joint report to each com11 mittee of Congress with jurisdiction over the programs de12 scribed in 4002(b) of the America COMPETES Act (33 

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

14 detailing the findings and recommendations of the study 

15 and setting forth a prioritized plan to implement the rec16 ommendations. 

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

18 evaluate the National Academy of Sciences study and de19 velop a workforce program and plan to institutionalize the 

20 Administration’s Federal science career pathways and ad21 dress aging workforce issues. The program and plan shall 

22 be developed in consultation with the Administration’s co23 operative institutes and other academic partners to iden24 tify and implement programs and mechanisms to ensure 

25 that— 


tjames on DSKG8SOYB1PROD with BILLS
40 

•S 3605 RS 

1 (1) sufficient highly qualified scientists are able 

2 to transition into Federal career scientist positions 

3 in the Administration’s laboratories and programs; 

4 and 

5 (2) the technical and management experiences 

6 of senior employees are documented and transferred 

7 before leaving Federal service. 

8 TITLE IV—NATIONAL INSTITUTE 

9 OF STANDARDS AND TECH10 NOLOGY 

11 SEC. 401. SHORT TITLE. 

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

13 Standards and Technology Authorization Act of 2010’’. 

14 SEC. 402. AUTHORIZATION OF APPROPRIATIONS. 

15 (a) FISCAL YEAR 2011.— 

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

17 appropriated to the Secretary of Commerce 

18 $1,000,500,000 for the National Institute of Stand19 ards and Technology for fiscal year 2011. 

20 (2) SPECIFIC ALLOCATIONS.—Of the amount 

21 authorized by paragraph (1)— 

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

23 scientific and technical research and services 

24 laboratory activities; 


tjames on DSKG8SOYB1PROD with BILLS
41 

•S 3605 RS 

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

2 the construction and maintenance of facilities; 

3 and 

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

5 industrial technology services activities, of 

6 which— 

7 (i) $95,000,000 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) $145,000,000 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) $10,000,000 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). 

24 (b) FISCAL YEAR 2012.— 


tjames on DSKG8SOYB1PROD with BILLS
42 

•S 3605 RS 

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

2 appropriated to the Secretary of Commerce 

3 $1,024,100,000 for the National Institute of Stand4 ards and Technology for fiscal year 2012. 

5 (2) SPECIFIC ALLOCATIONS.—Of the amount 

6 authorized by paragraph (1)— 

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

8 scientific and technical research and services 

9 laboratory activities; 

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

11 the construction and maintenance of facilities; 

12 and 

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

14 industrial technology services activities, of 

15 which— 

16 (i) $105,000,000 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) $155,000,000 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 


tjames on DSKG8SOYB1PROD with BILLS
43 

•S 3605 RS 

1 for the competitive grant program under 

2 section 25(f) of such Act; and 

3 (iii) $10,300,000 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 (c) FISCAL YEAR 2013.— 

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

10 appropriated to the Secretary of Commerce 

11 $1,128,409,000 for the National Institute of Stand12 ards and Technology for fiscal year 2013. 

13 (2) SPECIFIC ALLOCATIONS.—Of the amount 

14 authorized by paragraph (1)— 

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

16 scientific and technical research and services 

17 laboratory activities; 

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

19 the construction and maintenance of facilities; 

20 and 

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

22 industrial technology services activities, of 

23 which— 

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

25 for the Technology Innovation Program 


tjames on DSKG8SOYB1PROD with BILLS
44 

•S 3605 RS 

1 under section 28 of the National Institute 

2 of Standards and Technology Act (15 

3 U.S.C. 278n); 

4 (ii) $165,000,000 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) $10,609,000 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 SEC. 403. UNDER SECRETARY OF COMMERCE FOR STAND17 ARDS AND TECHNOLOGY. 

18 (a) ESTABLISHMENT.—Section 4 of the National In19 stitute of Standards and Technology Act is amended to 

20 read as follows: 

21 ‘‘SEC. 4. UNDER SECRETARY OF COMMERCE FOR STAND22 ARDS AND TECHNOLOGY. 

23 ‘‘(a) ESTABLISHMENT.—There shall be in the De24 partment of Commerce an Under Secretary of Commerce 


tjames on DSKG8SOYB1PROD with BILLS
45 

•S 3605 RS 

1 for Standards and Technology (in this section referred to 

2 as the ‘Under Secretary’). 

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

4 appointed by the President by and with the advice and 

5 consent of the Senate. 

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

7 compensated at the rate in effect for level III of the Exec8 utive Schedule under section 5314 of title 5, United States 

9 Code. 

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

11 the Director of the Institute and shall perform such duties 

12 as required of the Director by the Secretary under this 

13 Act or by law. 

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

15 Director of the Institute on the date of enactment of the 

16 National Institute of Standards and Technology Author17 ization Act of 2010 shall also serve as the Under Secretary 

18 until such time as a successor is appointed under sub19 section (b).’’. 

20 (b) CONFORMING AMENDMENTS.— 

21 (1) TITLE 5, UNITED STATES CODE.— 

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

23 United States Code, is amended by inserting 

24 before the item ‘‘Associate Attorney General’’ 

25 the following: 


tjames on DSKG8SOYB1PROD with BILLS
46 

•S 3605 RS 

1 ‘‘Under Secretary of Commerce for Standards 

2 and Technology, who also serves as Director of the 

3 National Institute of Standards and Technology.’’. 

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

5 United States Code, is amended by striking 

6 ‘‘Director, National Institute of Standards and 

7 Technology, Department of Commerce.’’. 

8 (2) NATIONAL INSTITUTE OF STANDARDS AND

9 TECHNOLOGY ACT.—Section 5 of the National Insti10 tute of Standards and Technology Act (15 U.S.C. 

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

12 sixth sentences. 

13 SEC. 404. MANUFACTURING EXTENSION PARTNERSHIP. 

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

15 of the National Institute of Standards and Technology Act 

16 (15 U.S.C. 278k(a)) is amended— 

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

18 paragraph (4); 

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

20 and inserting ‘‘Institute; and’’; and 

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

22 ‘‘(6) providing to community colleges informa23 tion about the job skills needed in small- and me24 dium-sized manufacturing businesses in the regions 

25 they serve.’’. 


tjames on DSKG8SOYB1PROD with BILLS
47 

•S 3605 RS 

1 (b) INNOVATIVE SERVICES INITIATIVE.—Section 25 

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

3 the end the following: 

4 ‘‘(g) INNOVATIVE SERVICES INITIATIVE.— 

5 ‘‘(1) ESTABLISHMENT.—The Director may es6 tablish, within the Centers program under this sec7 tion, an innovative services initiative to assist small8 and medium-sized manufacturers in— 

9 ‘‘(A) reducing their energy usage and envi10 ronmental waste to improve profitability; and 

11 ‘‘(B) accelerating the domestic commer12 cialization of new product technologies, includ13 ing components for renewable energy systems. 

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

15 undertake any activity to accelerate the domestic 

16 commercialization of a new product technology 

17 under this subsection unless an analysis of market 

18 demand for the new product technology has been 

19 conducted.’’. 

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

21 278k), as amended by subsection (b), is further amended 

22 by adding at the end the following: 

23 ‘‘(h) REPORTS.— 

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

25 programmatic planning document and annual upVerDate Mar 15 2010 00:40 Dec 11, 2010 Jkt 099200 PO 00000 Frm 00047 Fmt 6652 Sfmt 6401 E:\BILLS\S3605.RS S3605

tjames on DSKG8SOYB1PROD with BILLS
48 

•S 3605 RS 

1 dates under section 23, the Director shall include an 

2 assessment of the Director’s governance of the pro3 gram established under this section. 

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

5 the Director shall use the criteria established pursu6 ant to the Malcolm Baldrige National Quality Award 

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

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

9 3711a(d)(1)(C)).’’. 

10 (d) HOLLINGS MANUFACTURING EXTENSION PART11 NERSHIP PROGRAM COST-SHARING.—Section 25(c) of 

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

13 the end the following: 

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

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

16 the Secretary may not provide to a Center more 

17 than 50 percent of the costs incurred by that Center 

18 and may not require that a Center’s cost share ex19 ceed 50 percent. 

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

21 enactment of the National Institute of Standards 

22 and Technology Authorization Act of 2010, the Sec23 retary shall submit to Congress a report on the cost 

24 share requirements under the program. The report 

25 shall— 


tjames on DSKG8SOYB1PROD with BILLS
49 

•S 3605 RS 

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

2 including the cost share structure in place prior 

3 to such date of enactment and the cost share 

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

5 effect of such cost share structures on indi6 vidual Centers and the overall program; and 

7 ‘‘(B) include a recommendation for how 

8 best to structure the cost share requirement 

9 after fiscal year 2013 to provide for the long10 term sustainability of the program.’’. 

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

12 (15 U.S.C. 278k(e)(4)) is amended to read as follows: 

13 ‘‘(4) FEDERAL ADVISORY COMMITTEE ACT AP14 PLICABILITY.— 

15 ‘‘(A) IN GENERAL.—In discharging its du16 ties under this subsection, the MEP Advisory 

17 Board shall function solely in an advisory ca18 pacity, in accordance with the Federal Advisory 

19 Committee Act. 

20 ‘‘(B) EXCEPTION.—Section 14 of the Fed21 eral Advisory Committee Act shall not apply to 

22 the MEP Advisory Board.’’. 

23 (f) DESIGNATION OF PROGRAM.— 

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

25 Institute of Standards and Technology Act (15 


tjames on DSKG8SOYB1PROD with BILLS
50 

•S 3605 RS 

1 U.S.C. 278k), as amended by subsection (c), is fur2 ther amended by adding at the end the following: 

3 ‘‘(i) DESIGNATION.— 

4 ‘‘(1) HOLLINGS MANUFACTURING EXTENSION

5 PARTNERSHIP.—The program under this section 

6 shall be known as the ‘Hollings Manufacturing Ex7 tension Partnership’. 

8 ‘‘(2) HOLLINGS MANUFACTURING EXTENSION

9 CENTERS.—The Regional Centers for the Transfer 

10 of Manufacturing Technology created and supported 

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

12 Manufacturing Extension Centers’ (in this Act re13 ferred to as the ‘Centers’).’’. 

14 (2) CONFORMING AMENDMENT TO CONSOLI15 DATED APPROPRIATIONS ACT, 2005.—Division B of 

16 title II of the Consolidated Appropriations Act, 2005 

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

18 278k note) is amended under the heading ‘‘INDUS19 TRIAL TECHNOLOGY SERVICES’’ by striking ‘‘2007: 

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

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

22 (3) TECHNICAL AMENDMENTS.— 

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

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

25 278k(a)) is amended in the matter preceding 


tjames on DSKG8SOYB1PROD with BILLS
51 

•S 3605 RS 

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

2 the Transfer of Manufacturing Technology’’ 

3 and inserting ‘‘regional centers for the transfer 

4 of manufacturing technology’’. 

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

6 278k), as amended by subsection (f), is further 

7 amended by adding at the end the following: 

8 ‘‘(j) COMMUNITY COLLEGE DEFINED.—In this sec9 tion, the term ‘community college’ means an institution 

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

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

12 at which the highest degree that is predominately awarded 

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

14 (h) EVALUATION OF OBSTACLES UNIQUE TO SMALL

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

16 278k), as amended by subsection (g), is further amended 

17 by adding at the end the following: 

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

19 MANUFACTURERS.—The Director shall— 

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

21 manufacturers that prevent such manufacturers 

22 from effectively competing in the global market; 

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

24 the Centers to address such obstacles; and 


tjames on DSKG8SOYB1PROD with BILLS
52 

•S 3605 RS 

1 ‘‘(3) facilitate improved communication between 

2 the Centers to assist such manufacturers in imple3 menting appropriate, targeted solutions to such ob4 stacles.’’. 

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

6 National Institute of Standards and Technology Act (15 

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

8 the Centers program,’’ and inserting ‘‘Director of the Hol9 lings MEP program,’’. 

10 SEC. 405. EMERGENCY COMMUNICATION AND TRACKING 

11 TECHNOLOGIES RESEARCH INITIATIVE. 

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

13 research initiative to support the development of emer14 gency communication and tracking technologies for use in 

15 locating trapped individuals in confined spaces, such as 

16 underground mines, and other shielded environments, 

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

18 conventional radio communication is limited. 

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

20 the Director shall work with the private sector and appro21 priate Federal agencies to— 

22 (1) perform a needs assessment to identify and 

23 evaluate the measurement, technical standards, and 

24 conformity assessment needs required to improve the 


tjames on DSKG8SOYB1PROD with BILLS
53 

•S 3605 RS 

1 operation and reliability of such emergency commu2 nication and tracking technologies; 

3 (2) support the development of technical stand4 ards and conformance architecture to improve the 

5 operation and reliability of such emergency commu6 nication and tracking technologies; and 

7 (3) incorporate and build upon existing reports 

8 and studies on improving emergency communica9 tions. 

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

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

12 to Congress and make publicly available a report describ13 ing the assessment performed under subsection (b)(1) and 

14 making recommendations about research priorities to ad15 dress gaps in the measurement, technical standards, and 

16 conformity assessment needs identified by the assessment. 

17 SEC. 406. BROADENING PARTICIPATION. 

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

19 National Institute of Standards and Technology Act (15 

20 U.S.C. 278g–1) is amended by adding at the end the fol21 lowing: 

22 ‘‘(c) UNDERREPRESENTED MINORITIES.—In evalu23 ating applications for fellowships under this section, the 

24 Director shall give consideration to the goal of promoting 


tjames on DSKG8SOYB1PROD with BILLS
54 

•S 3605 RS 

1 the participation of underrepresented minorities in re2 search areas supported by the Institute.’’. 

3 (b) POSTDOCTORAL FELLOWSHIP PROGRAM.—Sec4 tion 19 of such Act (15 U.S.C. 278g–2) is amended by 

5 adding at the end the following: ‘‘In evaluating applica6 tions for fellowships under this section, the Director shall 

7 give consideration to the goal of promoting the participa8 tion of underrepresented minorities in research areas sup9 ported by the Institute.’’. 

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

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

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

13 consideration to an application from a teacher from a 

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

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

16 SEC. 407. NIST FELLOWSHIPS. 

17 (a) POST-DOCTORAL FELLOWSHIP PROGRAM.—Sec18 tion 19 of the National Institute of Standards and Tech19 nology Act (15 U.S.C. 278g) is amended by striking ‘‘in 

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

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

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

23 1.5 percent of the’’. 

24 (c) COMMERCE, SCIENCE, AND TECHNOLOGY FEL25 LOWSHIP PROGRAM.—Section 5163(d) of the Omnibus 


tjames on DSKG8SOYB1PROD with BILLS
55 

•S 3605 RS 

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

2 repealed. 

3 SEC. 408. GREEN MANUFACTURING AND CONSTRUCTION. 

4 The Director shall carry out a green manufacturing 

5 and construction initiative— 

6 (1) to develop accurate sustainability metrics 

7 and practices for use in manufacturing; 

8 (2) to advance the development of standards 

9 and the creation of an information infrastructure to 

10 communicate sustainability information about sup11 pliers; and 

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

13 and indoor air quality of new and retrofitted build14 ings through validated measurement data. 

15 SEC. 409. CYBERSECURITY COMPETITION AND CHALLENGE. 

16 (a) IN GENERAL.—The Director of the National In17 stitute of Standards and Technology, directly or through 

18 appropriate Federal entities, shall establish cybersecurity 

19 competitions and challenges with cash prizes in order to— 

20 (1) attract, identify, evaluate, and recruit tal21 ented individuals for the Federal information tech22 nology workforce; and 

23 (2) stimulate innovation in basic and applied 

24 cybersecurity research, technology development, and 

25 prototype demonstration that have the potential for 


tjames on DSKG8SOYB1PROD with BILLS
56 

•S 3605 RS 

1 application to the Federal information technology 

2 activities of the Federal Government. 

3 (b) TYPES OF COMPETITIONS AND CHALLENGES.— 

4 The Director shall establish different competitions and 

5 challenges targeting the following groups: 

6 (1) High school students. 

7 (2) Undergraduate students. 

8 (3) Graduate students. 

9 (4) Academic and research institutions. 

10 (c) TOPICS.—In selecting topics for prize competi11 tions, the Director shall consult widely both within and 

12 outside the Federal Government, and may empanel advi13 sory committees. 

14 (d) USE OF FEDERAL INSIGNIA.—A registered par15 ticipant in a competition under this section may use any 

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

17 review and written approval by the Director. 

18 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

19 are authorized to be appropriated to the National Institute 

20 of Standards and Technology to carry out this section 

21 $15,000,000 for each of fiscal years 2011 through 2013. 

22 SEC. 410. DEFINITIONS. 

23 In this title: 


tjames on DSKG8SOYB1PROD with BILLS
57 

•S 3605 RS 

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

2 the Director of the National Institute of Standards 

3 and Technology. 

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

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

6 4 of the Stevenson-Wydler Technology Innovation 

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

8 TITLE V—NATIONAL SCIENCE 

9 FOUNDATION 

10 SEC. 501. SHORT TITLE. 

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

12 Foundation Authorization Act of 2010’’. 

13 SEC. 502. DEFINITIONS. 

14 In this title: 

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

16 means the National Science Foundation established 

17 under section 2 of the National Science Foundation 

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

19 (2) INSTITUTION OF HIGHER EDUCATION.—The 

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

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

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

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

24 the several States, the District of Columbia, the 

25 Commonwealth of Puerto Rico, the Virgin Islands, 


tjames on DSKG8SOYB1PROD with BILLS
58 

•S 3605 RS 

1 Guam, American Samoa, the Commonwealth of the 

2 Northern Mariana Islands, or any other territory or 

3 possession of the United States. 

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

5 States’’ means the several States, the District of Co6 lumbia, the Commonwealth of Puerto Rico, the Vir7 gin Islands, Guam, American Samoa, the Common8 wealth of the Northern Mariana Islands, and any 

9 other territory or possession of the United States. 

10 SEC. 503. AUTHORIZATION OF APPROPRIATIONS. 

11 (a) FISCAL YEAR 2011.— 

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

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

14 fiscal year 2011. 

15 (2) SPECIFIC ALLOCATIONS.—Of the amount 

16 authorized by paragraph (1)— 

17 (A) $6,614,000,000 shall be made avail18 able to carry research and related activities; 

19 (B) $1,038,000,000 shall be made avail20 able for education and human resources; 

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

22 for major research equipment and facilities con23 struction; 

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

25 for agency operations and award management; 


tjames on DSKG8SOYB1PROD with BILLS
59 

•S 3605 RS 

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

2 the Office of the National Science Board; and 

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

4 for the Office of Inspector General. 

5 (b) FISCAL YEAR 2012.— 

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

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

8 fiscal year 2012. 

9 (2) SPECIFIC ALLOCATIONS.—Of the amount 

10 authorized by paragraph (1)— 

11 (A) $7,270,000,000 shall be made avail12 able to carry research and related activities; 

13 (B) $1,141,000,000 shall be made avail14 able for education and human resources; 

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

16 for major research equipment and facilities con17 struction; 

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

19 for agency operations and award management; 

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

21 the Office of the National Science Board; and 

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

23 for the Office of Inspector General. 

24 (c) FISCAL YEAR 2013.— 


tjames on DSKG8SOYB1PROD with BILLS
60 

•S 3605 RS 

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

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

3 fiscal year 2013. 

4 (2) SPECIFIC ALLOCATIONS.—Of the amount 

5 authorized by paragraph (1)— 

6 (A) $7,967,000,000 shall be made avail7 able to carry research and related activities; 

8 (B) $1,251,000,000 shall be made avail9 able for education and human resources; 

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

11 for major research equipment and facilities con12 struction; 

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

14 for agency operations and award management; 

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

16 the Office of the National Science Board; and 

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

18 for the Office of Inspector General. 

19 SEC. 504. NATIONAL SCIENCE BOARD ADMINISTRATIVE 

20 AMENDMENTS. 

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

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

23 1950 (42 U.S.C. 1863(g)) is amended by striking ‘‘not 

24 more than 5’’. 


tjames on DSKG8SOYB1PROD with BILLS
61 

•S 3605 RS 

1 (b) NATIONAL SCIENCE BOARD REPORTS.—Section 

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

3 (42 U.S.C. 1863(j)(2)) is amended by inserting ‘‘within 

4 the authority of the Foundation (or otherwise as requested 

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

6 matters’’. 

7 (c) BOARD ADHERENCE TO SUNSHINE ACT.—Sec8 tion 15(a)(2) of the National Science Foundation Author9 ization Act of 2002 (42 U.S.C. 1862n–5(a)(2)) is amend10 ed— 

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

12 ensure transparency of the Board’s entire decision13 making process, including deliberations on Board 

14 business occurring within its various subdivisions, 

15 the Board’’; and 

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

17 preceding requirement will apply to meetings of the 

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

19 meetings of its subdivisions, whenever a quorum of 

20 the subdivision is present.’’. 

21 SEC. 505. NATIONAL CENTER FOR SCIENCE AND ENGINEER22 ING STATISTICS. 

23 (a) ESTABLISHMENT.—There is established within 

24 the Foundation a National Center for Science and Engi25 neering Statistics that shall serve as a central Federal 


tjames on DSKG8SOYB1PROD with BILLS
62 

•S 3605 RS 

1 clearinghouse for the collection, interpretation, analysis, 

2 and dissemination of objective data on science, engineer3 ing, technology, and research and development. 

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

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

6 (1) collect, acquire, analyze, report, and dis7 seminate statistical data related to the science and 

8 engineering enterprise in the United States and 

9 other nations that is relevant and useful to practi10 tioners, researchers, policymakers, and the public, 

11 including statistical data on— 

12 (A) research and development trends; 

13 (B) the science and engineering workforce; 

14 (C) United States competitiveness in 

15 science, engineering, technology, and research 

16 and development; and 

17 (D) the condition and progress of United 

18 States STEM education; 

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

20 and on methodologies in areas related to the work 

21 of the Center; and 

22 (3) support the education and training of re23 searchers in the use of large-scale, nationally rep24 resentative data sets. 


tjames on DSKG8SOYB1PROD with BILLS
63 

•S 3605 RS 

1 (c) STATISTICAL REPORTS.—The Director or the Na2 tional Science Board, acting through the Center, shall 

3 issue regular, and as necessary, special statistical reports 

4 on topics related to the national and international science 

5 and engineering enterprise such as the biennial report re6 quired by section 4(j)(1) of the National Science Founda7 tion Act of 1950 (42 U.S.C. 1863(j)(1)) on indicators of 

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

9 SEC. 506. NATIONAL SCIENCE FOUNDATION MANUFAC10 TURING RESEARCH AND EDUCATION. 

11 (a) MANUFACTURING RESEARCH.—The Director 

12 shall carry out a program to award merit-reviewed, com13 petitive grants to institutions of higher education to sup14 port fundamental research leading to transformative ad15 vances in manufacturing technologies, processes, and en16 terprises that will support United States manufacturing 

17 through improved performance, productivity, sustain18 ability, and competitiveness. Research areas may in19 clude— 

20 (1) nanomanufacturing; 

21 (2) manufacturing and construction machines 

22 and equipment, including robotics, automation, and 

23 other intelligent systems; 

24 (3) manufacturing enterprise systems; 

25 (4) advanced sensing and control techniques; 


tjames on DSKG8SOYB1PROD with BILLS
64 

•S 3605 RS 

1 (5) materials processing; and 

2 (6) information technologies for manufacturing, 

3 including predictive and real-time models and sim4 ulations, and virtual manufacturing. 

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

6 ensure a well-trained manufacturing workforce, the Direc7 tor shall award grants to strengthen and expand scientific 

8 and technical education and training in advanced manu9 facturing, including through the Foundation’s Advanced 

10 Technological Education program. 

11 SEC. 507. NATIONAL SCIENCE BOARD REPORT ON MID12 SCALE INSTRUMENTATION. 

13 (a) MID-SCALE RESEARCH INSTRUMENTATION

14 NEEDS.—The National Science Board shall evaluate the 

15 needs, across all disciplines supported by the Foundation, 

16 for mid-scale research instrumentation that falls between 

17 the instruments funded by the Major Research Instrumen18 tation program and the very large projects funded by the 

19 Major Research Equipment and Facilities Construction 

20 program. 

21 (b) REPORT ON MID-SCALE RESEARCH INSTRUMEN22 TATION PROGRAM.—Not later than 1 year after the date 

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

24 submit to Congress a report on mid-scale research instruVerDate Mar 15 2010 00:40 Dec 11, 2010 Jkt 099200 PO 00000 Frm 00064 Fmt 6652 Sfmt 6401 E:\BILLS\S3605.RS S3605

tjames on DSKG8SOYB1PROD with BILLS
65 

•S 3605 RS 

1 mentation at the Foundation. At a minimum, this report 

2 shall include— 

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

4 instrumentation needs required under subsection (a), 

5 including a description of differences across dis6 ciplines and Foundation research directorates; 

7 (2) a recommendation or recommendations re8 garding how the Foundation should set priorities for 

9 mid-scale instrumentation across disciplines and 

10 Foundation research directorates; 

11 (3) a recommendation or recommendations re12 garding the appropriateness of expanding existing 

13 programs, including the Major Research Instrumen14 tation program or the Major Research Equipment 

15 and Facilities Construction program, to support 

16 more instrumentation at the mid-scale; 

17 (4) a recommendation or recommendations re18 garding the need for and appropriateness of a new, 

19 Foundation-wide program or initiative in support of 

20 mid-scale instrumentation, including any rec21 ommendations regarding the administration of and 

22 budget for such a program or initiative and the ap23 propriate scope of instruments to be funded under 

24 such a program or initiative; and 


tjames on DSKG8SOYB1PROD with BILLS
66 

•S 3605 RS 

1 (5) any recommendation or recommendations 

2 regarding other options for supporting mid-scale re3 search instrumentation at the Foundation. 

4 SEC. 508. PARTNERSHIPS FOR INNOVATION. 

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

6 program to award merit-reviewed, competitive grants to 

7 institutions of higher education to establish and to expand 

8 partnerships that promote innovation and increase the 

9 economic and social impact of research by developing tools 

10 and resources to connect new scientific discoveries to prac11 tical uses. 

12 (b) PARTNERSHIPS.— 

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

14 under this section, an institution of higher education 

15 must propose establishment of a partnership that— 

16 (A) includes at least one private sector en17 tity; and 

18 (B) may include other institutions of high19 er education, public sector institutions, private 

20 sector entities, and social enterprise nonprofit 

21 organizations. 

22 (2) PRIORITY.—In selecting grant recipients 

23 under this section, the Director shall give priority to 

24 partnerships that include one or more institutions of 

25 higher education that are among the 100 instituVerDate Mar 15 2010 00:40 Dec 11, 2010 Jkt 099200 PO 00000 Frm 00066 Fmt 6652 Sfmt 6401 E:\BILLS\S3605.RS S3605

tjames on DSKG8SOYB1PROD with BILLS
67 

•S 3605 RS 

1 tions receiving, over the 3-year period immediately 

2 preceding the awarding of grants, the highest 

3 amount of research funding from the Foundation 

4 and at least one of the following: 

5 (A) A minority serving institution. 

6 (B) A primarily undergraduate institution. 

7 (C) A 2-year institution of higher edu8 cation. 

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

10 shall seek— 

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

12 the most promising research at the institution or in13 stitutions of higher education that are members of 

14 the partnership through knowledge transfer or com15 mercialization; 

16 (2) to increase the engagement of faculty and 

17 students across multiple disciplines and depart18 ments, including faculty and students in schools of 

19 business and other appropriate non-STEM fields 

20 and disciplines in knowledge transfer activities; 

21 (3) to enhance education and mentoring of stu22 dents and faculty in innovation and entrepreneur23 ship through networks, courses, and development of 

24 best practices and curricula; 


tjames on DSKG8SOYB1PROD with BILLS
68 

•S 3605 RS 

1 (4) to strengthen the culture of the institution 

2 or institutions of higher education to undertake and 

3 participate in activities related to innovation and 

4 leading to economic or social impact; 

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

6 institutions of higher education in activities to meet 

7 STEM workforce needs and promote innovation and 

8 knowledge transfer; and 

9 (6) to build lasting partnerships with local and 

10 regional businesses, local and State governments, 

11 and other relevant entities. 

12 (d) ADDITIONAL CRITERIA.—In selecting grant re13 cipients under this section, the Director shall also consider 

14 the extent to which the applicants are able to demonstrate 

15 evidence of institutional support for, and commitment 

16 to— 

17 (1) achieving the goals of the program as de18 scribed in subsection (c); 

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

20 the initial proposal is not for an institution-wide pro21 gram; and 

22 (3) sustaining any new innovation tools and re23 sources generated from funding under this program. 


tjames on DSKG8SOYB1PROD with BILLS
69 

•S 3605 RS 

1 (e) LIMITATION.—No funds provided under this sec2 tion may be used to construct or renovate a building or 

3 structure. 

4 SEC. 509. GREEN CHEMISTRY BASIC RESEARCH. 

5 The Director shall establish a Green Chemistry Basic 

6 Research program to award competitive, merit-based 

7 grants to support research into green and sustainable 

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

9 alternatives to traditional chemical products and practices. 

10 The research program shall provide sustained support for 

11 green chemistry research, education, and technology 

12 transfer through— 

13 (1) merit-reviewed competitive grants to indi14 vidual investigators and teams of investigators, in15 cluding, to the extent practicable, young investiga16 tors, for research; 

17 (2) grants to fund collaborative research part18 nerships among universities, industry, and nonprofit 

19 organizations; 

20 (3) symposia, forums, and conferences to in21 crease outreach, collaboration, and dissemination of 

22 green chemistry advances and practices; and 

23 (4) education, training, and retraining of under24 graduate and graduate students and professional 

25 chemists and chemical engineers, including through 


tjames on DSKG8SOYB1PROD with BILLS
70 

•S 3605 RS 

1 partnerships with industry, in green chemistry 

2 science and engineering. 

3 SEC. 510. GRADUATE STUDENT SUPPORT. 

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

5 (1) the Integrative Graduate Education and Re6 search Traineeship program is an important pro7 gram for training the next generation of scientists 

8 and engineers in team-based interdisciplinary re9 search and problem solving, and for providing them 

10 with the many additional skills, such as communica11 tion skills, needed to thrive in diverse STEM ca12 reers; and 

13 (2) the Integrative Graduate Education and Re14 search Traineeship program is no less valuable to 

15 the preparation and support of graduate students 

16 than the Foundation’s Graduate Research Fellow17 ship program. 

18 (b) EQUAL TREATMENT OF IGERT AND GRF.—Be19 ginning in fiscal year 2011, the Director shall increase or, 

20 if necessary, decrease funding for the Foundation’s Inte21 grative Graduate Education and Research Traineeship 

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

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

24 the Graduate Research Fellowship program. 


tjames on DSKG8SOYB1PROD with BILLS
71 

•S 3605 RS 

1 (c) SUPPORT FOR GRADUATE STUDENT RESEARCH

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

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

4 Foundation funds allocated to the Integrative Graduate 

5 Education and Research Traineeship program and the 

6 Graduate Research Fellowship program shall come from 

7 funds appropriated for Research and Related Activities. 

8 (d) COST OF EDUCATION ALLOWANCE FOR GRF 

9 PROGRAM.—Section 10 of the National Science Founda10 tion Act of 1950 (42 U.S.C. 1869) is amended— 

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

12 ‘‘The Foundation is authorized’’; and 

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

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

15 year the amount to be awarded for scholarships and fel16 lowships under this section for that year. Each such schol17 arship and fellowship shall include a cost of education al18 lowance of $12,000, subject to any restrictions on the use 

19 of cost of education allowance as determined by the Direc20 tor.’’. 

21 SEC. 511. ROBERT NOYCE TEACHER SCHOLARSHIP PRO22 GRAM. 

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

24 of the National Science Foundation Authorization Act of 


tjames on DSKG8SOYB1PROD with BILLS
72 

•S 3605 RS 

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

2 follows: 

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

4 a grant under this section shall provide, from non5 Federal sources, to carry out the activities supported 

6 by the grant— 

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

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

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

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

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

12 $1,500,000 or more, an amount equal to at 

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

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

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

16 of the National Science Foundation Authorization Act of 

17 2002 (42 U.S.C. 1862n–1a) is amended in subsection 

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

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

20 SEC. 512 UNDERGRADUATE BROADENING PARTICIPATION 

21 PROGRAM. 

22 The Foundation shall continue to support the His23 torically Black Colleges and Universities Undergraduate 

24 Program, the Louis Stokes Alliances for Minority ParticiVerDate Mar 15 2010 00:40 Dec 11, 2010 Jkt 099200 PO 00000 Frm 00072 Fmt 6652 Sfmt 6401 E:\BILLS\S3605.RS S3605

tjames on DSKG8SOYB1PROD with BILLS
73 

•S 3605 RS 

1 pation program, and the Tribal Colleges and Universities 

2 Program as separate programs. 

3 SEC. 513. RESEARCH EXPERIENCES FOR HIGH SCHOOL 

4 STUDENTS. 

5 The Director shall permit specialized STEM high 

6 schools conducting research to participate in major data 

7 collection initiatives from universities, corporations, or 

8 government labs under a research grant from the Founda9 tion, as part of the research proposal. 

10 SEC. 514. RESEARCH EXPERIENCES FOR UNDERGRADU11 ATES. 

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

13 grants, on a merit-reviewed, competitive basis, to institu14 tions of higher education, nonprofit organizations, or con15 sortia of such institutions and organizations, for sites des16 ignated by the Director to provide research experiences for 

17 6 or more undergraduate STEM students for sites des18 ignated at primarily undergraduate institutions of higher 

19 education and 10 or more undergraduate STEM students 

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

21 promoting the participation of individuals identified in sec22 tion 33 or 34 of the Science and Engineering Equal Op23 portunities Act (42 U.S.C. 1885a or 1885b). The Director 

24 shall ensure that— 


tjames on DSKG8SOYB1PROD with BILLS
74 

•S 3605 RS 

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

2 a program funded by a grant under this subsection 

3 at each site shall be recruited from institutions of 

4 higher education where research opportunities in 

5 STEM are limited, including 2-year institutions; 

6 (2) the awards provide undergraduate research 

7 experiences in a wide range of STEM disciplines; 

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

11 (including virtual projects); 

12 (4) students participating in each program 

13 funded have mentors, including during the academic 

14 year to the extent practicable, to help connect the 

15 students’ research experiences to the overall aca16 demic course of study and to help students achieve 

17 success in courses of study leading to a bacca18 laureate degree in a STEM field; 

19 (5) mentors and students are supported with 

20 appropriate salary or stipends; and 

21 (6) student participants are tracked, for em22 ployment and continued matriculation in STEM 

23 fields, through receipt of the undergraduate degree 

24 and for at least 3 years thereafter. 


tjames on DSKG8SOYB1PROD with BILLS
75 

•S 3605 RS 

1 (b) INCLUSION OF UNDERGRADUATES IN STANDARD

2 RESEARCH GRANTS.—The Director shall require that 

3 every recipient of a research grant from the Foundation 

4 proposing to include 1 or more students enrolled in certifi5 cate, associate, or baccalaureate degree programs in car6 rying out the research under the grant shall request sup7 port, including stipend support, for such undergraduate 

8 students as part of the research proposal itself rather than 

9 as a supplement to the research proposal, unless such un10 dergraduate participation was not foreseeable at the time 

11 of the original proposal. 

12 SEC. 515. STEM INDUSTRY INTERNSHIP PROGRAMS. 

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

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

15 higher education, or consortia thereof, to establish or ex16 pand partnerships with local or regional private sector en17 tities, for the purpose of providing undergraduate students 

18 with integrated internship experiences that connect private 

19 sector internship experiences with the students’ STEM 

20 coursework. The partnerships may also include industry 

21 or professional associations. 

22 (b) INTERNSHIP PROGRAM.—The grants awarded 

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

24 manufacturing sector. 


tjames on DSKG8SOYB1PROD with BILLS
76 

•S 3605 RS 

1 (c) USE OF GRANT FUNDS.—Grants under this sec2 tion may be used— 

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

4 opportunities; 

5 (2) to develop curricula and instructional mate6 rials related to industry, including the manufac7 turing sector; 

8 (3) to perform outreach to secondary schools; 

9 (4) to develop mentorship programs for stu10 dents with partner organizations; and 

11 (5) to conduct activities to support awareness of 

12 career opportunities and skill requirements. 

13 (d) PRIORITY.—In awarding grants under this sec14 tion, the Director shall give priority to institutions of high15 er education or consortia thereof that demonstrate signifi16 cant outreach to and coordination with local or regional 

17 private sector entities and Regional Centers for the Trans18 fer of Manufacturing Technology established by section 

19 25(a) of the National Institute of Standards and Tech20 nology Act (15 U.S.C. 278k(a)) in developing academic 

21 courses designed to provide students with the skills or cer22 tifications necessary for employment in local or regional 

23 companies. 

24 (c) OUTREACH TO RURAL COMMUNITIES.—The 

25 Foundation shall conduct outreach to institutions of highVerDate Mar 15 2010 00:40 Dec 11, 2010 Jkt 099200 PO 00000 Frm 00076 Fmt 6652 Sfmt 6401 E:\BILLS\S3605.RS S3605

tjames on DSKG8SOYB1PROD with BILLS
77 

•S 3605 RS 

1 er education and private sector entities in rural areas to 

2 encourage those entities to participate in partnerships 

3 under this section. 

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

5 percent non-Federal cost-share from partnerships estab6 lished or expanded under this section. 

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

8 this section may be used— 

9 (1) for the purpose of providing stipends or 

10 compensation to students for private sector intern11 ships; or 

12 (2) as payment or reimbursement to private 

13 sector entities, except for institutions of higher edu14 cation. 

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

16 of enactment of this Act, the Director shall submit a re17 port to Congress on the number and total value of awards 

18 made under this section, the number of students affected 

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

20 on workforce preparation and jobs placement for partici21 pating students, and an economic and ethnic breakdown 

22 of the participating students. 


tjames on DSKG8SOYB1PROD with BILLS
78 

•S 3605 RS 

1 SEC. 516. CYBER-ENABLED LEARNING FOR NATIONAL 

2 CHALLENGES. 

3 The Director shall, in consultation with appropriate 

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

6 retrain and retain our existing STEM workforce to ad7 dress national challenges, including national security and 

8 competitiveness. 

9 SEC. 517. FEDERAL CYBERSECURITY RESEARCH AND DE10 VELOPMENT. 

11 (a) FUNDAMENTAL CYBERSECURITY RESEARCH.— 

12 The Director of the National Science Foundation shall 

13 give priority to computer and information science and en14 gineering research to ensure substantial support is pro15 vided to meet the following challenges in cybersecurity: 

16 (1) How to design and build complex software17 intensive systems that are secure and reliable when 

18 first deployed. 

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

20 whether developed locally or obtained from a third 

21 party, is free of significant known security flaws. 

22 (3) How to test and verify that software ob23 tained from a third party correctly implements stat24 ed functionality, and only that functionality. 

25 (4) How to guarantee the privacy of an individ26 ual’s identity, information, or lawful transactions 


tjames on DSKG8SOYB1PROD with BILLS
79 

•S 3605 RS 

1 when stored in distributed systems or transmitted 

2 over networks. 

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

4 Internet to have robust security as one of its key ca5 pabilities. 

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

7 transmitted over the Internet. 

8 (7) How to support privacy in conjunction with 

9 improved security. 

10 (8) How to address the growing problem of in11 sider threat. 

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

13 support research that evaluates selected secure coding 

14 education and improvement programs. The Director shall 

15 also support research on new methods of integrating se16 cure coding improvement into the core curriculum of com17 puter science programs and of other programs where grad18 uates have a substantial probability of developing software 

19 after graduation. 

20 (c) ASSESSMENT OF SECURE CODING EDUCATION IN

21 COLLEGES AND UNIVERSITIES.—Within one year after 

22 the date of enactment of this Act, the Director shall sub23 mit to the Senate Committee on Commerce, Science, and 

24 Transportation and the House of Representatives Com25 mittee on Science and Technology a report on the state 


tjames on DSKG8SOYB1PROD with BILLS
80 

•S 3605 RS 

1 of secure coding education in America’s colleges and uni2 versities for each school that received National Science 

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

4 year 2008. The report shall include— 

5 (1) the number of students who earned under6 graduate degrees in computer science or in each 

7 other program where graduates have a substantial 

8 probability of being engaged in software design or 

9 development after graduation; 

10 (2) the percentage of those students who com11 pleted substantive secure coding education or im12 provement programs during their undergraduate ex13 perience; and 

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

15 education and improvement programs, and a meas16 ure of the effectiveness of those programs in ena17 bling the students to master secure coding and de18 sign. 

19 (d) CYBERSECURITY MODELING AND TESTBEDS.— 

20 The Director shall establish a program to award grants 

21 to institutions of higher education to establish cybersecu22 rity testbeds capable of realistic modeling of real-time 

23 cyber attacks and defenses. The purpose of this program 

24 is to support the rapid development of new cybersecurity 

25 defenses, techniques, and processes by improving underVerDate Mar 15 2010 00:40 Dec 11, 2010 Jkt 099200 PO 00000 Frm 00080 Fmt 6652 Sfmt 6401 E:\BILLS\S3605.RS S3605

tjames on DSKG8SOYB1PROD with BILLS
81 

•S 3605 RS 

1 standing and assessing the latest technologies in a real2 world environment. The testbeds shall be sufficiently large 

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

4 networks and environments. 

5 (e) NSF COMPUTER AND NETWORK SECURITY RE6 SEARCH GRANT AREAS.—Section 4(a)(1) of the Cyberse7 curity Research and Development Act (15 U.S.C. 

8 7403(a)(1)) is amended— 

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

10 subparagraph (H); 

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

12 and inserting ‘‘property;’’; and 

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

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

15 the heart of inter-network communications and data 

16 exchange; 

17 ‘‘(K) secure software engineering and software 

18 assurance, including— 

19 ‘‘(i) programming languages and systems 

20 that include fundamental security features; 

21 ‘‘(ii) portable or reusable code that re22 mains secure when deployed in various environ23 ments; 


tjames on DSKG8SOYB1PROD with BILLS
82 

•S 3605 RS 

1 ‘‘(iii) verification and validation tech2 nologies to ensure that requirements and speci3 fications have been implemented; and 

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

5 assure that required standards have been met; 

6 ‘‘(L) holistic system security that— 

7 ‘‘(i) addresses the building of secure sys8 tems from trusted and untrusted components; 

9 ‘‘(ii) proactively reduces vulnerabilities; 

10 ‘‘(iii) addresses insider threats; and 

11 ‘‘(iv) supports privacy in conjunction with 

12 improved security; 

13 ‘‘(M) monitoring and detection; and 

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

15 (f) NSF COMPUTER AND NETWORK SECURITY

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

17 and Development Act (15 U.S.C. 7403(a)(3)) is amend18 ed— 

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

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

21 and inserting ‘‘2007;’’; and 

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

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

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

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


tjames on DSKG8SOYB1PROD with BILLS
83 

•S 3605 RS 

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

2 and 

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

4 (g) COMPUTER AND NETWORK SECURITY CEN5 TERS.—Section 4(b)(7) of such Act (15 U.S.C. 

6 7403(b)(7)) is amended— 

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

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

9 and inserting ‘‘2007;’’; and 

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

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

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

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

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

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

16 (h) COMPUTER AND NETWORK SECURITY CAPACITY

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

18 U.S.C. 7404(a)(6)) is amended— 

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

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

21 and inserting ‘‘2007;’’; and 

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

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

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

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


tjames on DSKG8SOYB1PROD with BILLS
84 

•S 3605 RS 

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

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

3 (i) SCIENTIFIC AND ADVANCED TECHNOLOGY ACT

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

5 7404(b)(2)) is amended— 

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

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

8 and inserting ‘‘2007;’’; and 

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

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

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

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

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

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

15 (j) GRADUATE TRAINEESHIPS IN COMPUTER AND

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

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

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

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

20 and inserting ‘‘2007;’’; and 

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

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

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

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

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


tjames on DSKG8SOYB1PROD with BILLS
85 

•S 3605 RS 

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

2 (k) CYBERSECURITY FACULTY DEVELOPMENT

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

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

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

6 2014.’’. 

7 (l) NETWORKING AND INFORMATION TECHNOLOGY

8 RESEARCH AND DEVELOPMENT PROGRAM.—Section 

9 204(a)(1) of the High-Performance Computing Act of 

10 1991 (15 U.S.C. 5524(a)(1)) is amended— 

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

12 subparagraph (B); and 

13 (2) by inserting after subparagraph (C) the fol14 lowing: 

15 ‘‘(D) develop and propose standards and 

16 guidelines, and develop measurement techniques 

17 and test methods, for enhanced cybersecurity 

18 for computer networks and common user inter19 faces to systems; and’’. 

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

21 PROGRAM. 

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

23 Science Foundation shall establish a Federal Cyber Schol24 arship-for-Service program to recruit and train the next 


tjames on DSKG8SOYB1PROD with BILLS
86 

•S 3605 RS 

1 generation of Federal information technology workers and 

2 security managers. 

3 (b) PROGRAM DESCRIPTION AND COMPONENTS.— 

4 The program— 

5 (1) shall provide scholarships, that provide full 

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

7 per year in their pursuit of undergraduate or grad8 uate degrees in the cybersecurity field; 

9 (2) shall require scholarship recipients, as a 

10 condition of receiving a scholarship under the pro11 gram, to agree to serve in the Federal information 

12 technology workforce for a period equal to the length 

13 of the scholarship following graduation if offered em14 ployment in that field by a Federal agency; 

15 (3) shall provide opportunities for students to 

16 receive temporary appointments for meaningful em17 ployment in the Federal information technology 

18 workforce during school vacation periods and for in19 ternships; 

20 (4) shall provide a procedure for identifying 

21 promising K–12 students for participation in sum22 mer work and internship programs that would lead 

23 to certification of Federal information technology 

24 workforce standards and possible future employ25 ment; and 


tjames on DSKG8SOYB1PROD with BILLS
87 

•S 3605 RS 

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

2 programs to promote computer security awareness in 

3 secondary and high school classrooms. 

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

5 or regulation governing the appointment of individuals in 

6 the Federal civil service, upon the successful completion 

7 of their studies, students receiving a scholarship under the 

8 program shall be hired under the authority provided for 

9 in section 213.3102(r) of title 5, Code of Federal Regula10 tions, and be exempt from competitive service. Upon ful11 fillment of the service term, such individuals shall be con12 verted to a competitive service position without competi13 tion if the individual meets the requirements for that posi14 tion. 

15 (d) ELIGIBILITY.—To be eligible to receive a scholar16 ship under this section, an individual shall— 

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

18 (2) demonstrate a commitment to a career in 

19 improving the Nation’s cyber defenses. 

20 (e) CONSIDERATION AND PREFERENCE.—In making 

21 selections for scholarships under this section, the Director 

22 shall— 

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

24 pool of applicants whose interests are of an inter25 disciplinary nature, encompassing the social sciVerDate Mar 15 2010 00:40 Dec 11, 2010 Jkt 099200 PO 00000 Frm 00087 Fmt 6652 Sfmt 6401 E:\BILLS\S3605.RS S3605

tjames on DSKG8SOYB1PROD with BILLS
88 

•S 3605 RS 

1 entific as well as the technical dimensions of cyber 

2 security; and 

3 (2) give preference to applicants that have par4 ticipated in the competition and challenge described 

5 in section 13. 

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

7 evaluate and report to the Senate Committee on Com8 merce, Science, and Transportation and the House of Rep9 resentatives Committee on Science and Technology on the 

10 success of recruiting individuals for the scholarships. 

11 (g) AUTHORIZATION OF APPROPRIATIONS.—There 

12 are authorized to be appropriated to the National Science 

13 Foundation to carry out this section— 

14 (1) $50,000,000 for fiscal year 2010; 

15 (2) $55,000,000 for fiscal year 2011; 

16 (3) $60,000,000 for fiscal year 2012; 

17 (4) $65,000,000 for fiscal year 2013; and 

18 (5) $70,000,000 for fiscal year 2014. 

19 TITLE VI—INNOVATION 

20 SEC. 601. OFFICE OF INNOVATION AND ENTREPRENEUR21 SHIP. 

22 The Stevenson-Wydler Technology Innovation Act of 

23 1980 (15 U.S.C. 3701 et seq.), as amended by section 107 

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


tjames on DSKG8SOYB1PROD with BILLS
89 

•S 3605 RS 

1 ‘‘SEC. 25. OFFICE OF INNOVATION AND ENTREPRENEUR2 SHIP. 

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

4 Office of Innovation and Entrepreneurship to foster inno5 vation and the commercialization of new technologies, 

6 products, processes, and services with the goal of pro7 moting productivity and economic growth in the United 

8 States. 

9 ‘‘(b) DUTIES.—The Office of Innovation and Entre10 preneurship shall be responsible for— 

11 ‘‘(1) developing policies to accelerate innovation 

12 and advance the commercialization of research and 

13 development, including federally funded research and 

14 development; 

15 ‘‘(2) identifying existing barriers to innovation 

16 and commercialization, including access to capital 

17 and other resources, and ways to overcome those 

18 barriers; 

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

20 and technical assistance on innovation and commer21 cialization; 

22 ‘‘(4) strengthening collaboration on and coordi23 nation of policies relating to innovation and commer24 cialization, including those focused on the needs of 

25 small businesses and rural communities, within the 

26 Department of Commerce and between the DepartVerDate Mar 15 2010 00:40 Dec 11, 2010 Jkt 099200 PO 00000 Frm 00089 Fmt 6652 Sfmt 6401 E:\BILLS\S3605.RS S3605

tjames on DSKG8SOYB1PROD with BILLS
90 

•S 3605 RS 

1 ment of Commerce and other Federal agencies, as 

2 appropriate; and 

3 ‘‘(5) any other duties as determined by the Sec4 retary. 

5 ‘‘(c) ADVISORY COMMITTEE.—The Secretary shall es6 tablish an Advisory Council on Innovation and Entrepre7 neurship to provide advice to the Secretary on carrying 

8 out subsection (b).’’. 

9 SEC. 602. FEDERAL LOAN GUARANTEES FOR INNOVATIVE 

10 TECHNOLOGIES IN MANUFACTURING. 

11 The Stevenson-Wydler Technology Innovation Act of 

12 1980 (15 U.S.C. 3701 et seq.), as amended by section 

13 601, is further amended by adding at the end the fol14 lowing: 

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

16 TECHNOLOGIES IN MANUFACTURING. 

17 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab18 lish a program to provide loan guarantees for obligations 

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

20 production of innovative technologies. 

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

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

23 expands, or establishes a manufacturing facility in the 

24 United States— 


tjames on DSKG8SOYB1PROD with BILLS
91 

•S 3605 RS 

1 ‘‘(1) to use an innovative technology or an inno2 vative process in manufacturing; or 

3 ‘‘(2) to manufacture an innovative technology 

4 product or an integral component of such a product. 

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

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

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

8 the Secretary under the criteria established pursuant to 

9 subsection (m). 

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

11 shall not exceed an amount equal to 80 percent of the obli12 gation, as estimated at the time at which the loan guar13 antee is issued. 

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

15 guarantee shall be made unless the Secretary determines 

16 that— 

17 ‘‘(1) there is a reasonable prospect of repay18 ment of the principal and interest on the obligation 

19 by the borrower; 

20 ‘‘(2) the amount of the obligation (when com21 bined with amounts available to the borrower from 

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

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

24 financing; 


tjames on DSKG8SOYB1PROD with BILLS
92 

•S 3605 RS 

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

2 does not exceed a level that the Secretary determines 

3 appropriate, taking into account the prevailing rate 

4 of interest in the private sector for similar loans and 

5 risks; and 

6 ‘‘(5) the term of an obligation requires full re7 payment over a period not to exceed the lesser of— 

8 ‘‘(A) 30 years; or 

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

10 life, as determined by the Secretary, of the 

11 physical asset to be financed by the obligation. 

12 ‘‘(f) DEFAULTS.— 

13 ‘‘(1) PAYMENT BY SECRETARY.— 

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

15 (as defined in regulations promulgated by the 

16 Secretary and specified in the loan guarantee) 

17 on the obligation, the holder of the loan guar18 antee shall have the right to demand payment 

19 of the unpaid amount from the Secretary. 

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

21 period as may be specified in the loan guar22 antee or related agreements, the Secretary shall 

23 pay to the holder of the loan guarantee the un24 paid interest on and unpaid principal of the ob25 ligation as to which the borrower has defaulted, 


tjames on DSKG8SOYB1PROD with BILLS
93 

•S 3605 RS 

1 unless the Secretary finds that there was no de2 fault by the borrower in the payment of interest 

3 or principal or that the default has been rem4 edied. 

5 ‘‘(C) FORBEARANCE.—Nothing in this sub6 section precludes any forbearance by the holder 

7 of the obligation for the benefit of the borrower 

8 which may be agreed upon by the parties to the 

9 obligation and approved by the Secretary. 

10 ‘‘(2) SUBROGATION.— 

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

12 makes a payment under paragraph (1), the Sec13 retary shall be subrogated to the rights, as 

14 specified in the loan guarantee, of the recipient 

15 of the payment or related agreements including, 

16 if appropriate, the authority (notwithstanding 

17 any other provision of law)— 

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

19 lease, or otherwise dispose of any property 

20 acquired pursuant to such loan guarantee 

21 or related agreement; or 

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

23 to an agreement with the Secretary, to 

24 continue to pursue the purposes of the 


tjames on DSKG8SOYB1PROD with BILLS
94 

•S 3605 RS 

1 project if the Secretary determines that 

2 such an agreement is in the public interest. 

3 ‘‘(B) SUPERIORITY OF RIGHTS.—The 

4 rights of the Secretary, with respect to any 

5 property acquired pursuant to a loan guarantee 

6 or related agreements, shall be superior to the 

7 rights of any other person with respect to the 

8 property. 

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

10 on an obligation, the Secretary shall notify the At11 torney General of the default. 

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

13 under this section shall include such detailed terms and 

14 conditions as the Secretary determines appropriate— 

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

16 States in the case of default; and 

17 ‘‘(2) to have available all the patents and tech18 nology necessary for any person selected, including 

19 the Secretary, to complete and operate the project. 

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

21 conditions of a loan guarantee under this section, the Sec22 retary shall consult with the Secretary of the Treasury. 

23 ‘‘(j) FEES.— 

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

25 and collect fees for loan guarantees in amounts the 


tjames on DSKG8SOYB1PROD with BILLS
95 

•S 3605 RS 

1 Secretary determines are sufficient to cover applica2 ble administrative expenses. 

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

4 subsection shall— 

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

6 Treasury of the United States; and 

7 ‘‘(B) remain available until expended, sub8 ject to such other conditions as are contained in 

9 annual appropriations Acts. 

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

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

12 into consideration the amount of the obligation. 

13 ‘‘(k) RECORDS.— 

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

15 guarantee under this section, the borrower, the lend16 er, and any other appropriate party shall keep such 

17 records and other pertinent documents as the Sec18 retary shall prescribe by regulation, including such 

19 records as the Secretary may require to facilitate an 

20 effective audit. 

21 ‘‘(2) ACCESS.—The Secretary and the Comp22 troller General of the United States, or their duly 

23 authorized representatives, shall have access to 

24 records and other pertinent documents for the pur25 pose of conducting an audit. 


tjames on DSKG8SOYB1PROD with BILLS
96 

•S 3605 RS 

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

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

3 all loan guarantees issued under this section with respect 

4 to principal and interest. 

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

6 regulations before making any loan guarantees under the 

7 program. The regulations shall include— 

8 ‘‘(1) criteria that the Secretary shall use to de9 termine eligibility for loan guarantees under this sec10 tion, including— 

11 ‘‘(A) whether a borrower is a small- or me12 dium-sized manufacturer; and 

13 ‘‘(B) whether a borrower demonstrates 

14 that a market exists for the innovative tech15 nology product, or the integral component of 

16 such a product, to be manufactured, as evi17 denced by written statements of interest from 

18 potential purchasers; 

19 ‘‘(2) criteria that the Secretary shall use to de20 termine the amount of any fees charged under sub21 section (j), including criteria related to the amount 

22 of the obligation; 

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

24 monitoring lenders and loan performance; and 


tjames on DSKG8SOYB1PROD with BILLS
97 

•S 3605 RS 

1 ‘‘(4) any other policies, procedures, or informa2 tion necessary to implement this section. 

3 ‘‘(n) AUDIT.— 

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

5 Secretary shall enter into an arrangement with an 

6 independent auditor for annual evaluations of the 

7 program under this section. 

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

9 Comptroller General of the United States shall con10 duct a biennial review of the Secretary’s execution of 

11 the program under this section. 

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

13 audit under paragraph (1) and the Comptroller Gen14 eral’s review under paragraph (2) shall be provided 

15 directly to the Committee on Science and Tech16 nology of the House of Representatives and the 

17 Committee on Commerce, Science, and Transpor18 tation of the Senate. 

19 ‘‘(o) REPORT TO CONGRESS.—Concurrent with the 

20 submission to Congress of the President’s annual budget 

21 request in each year after the date of enactment of the 

22 America COMPETES Reauthorization Act of 2010, the 

23 Secretary shall transmit to the Committee on Science and 

24 Technology of the House of Representatives and the Com25 mittee on Commerce, Science, and Transportation of the 


tjames on DSKG8SOYB1PROD with BILLS
98 

•S 3605 RS 

1 Senate a report containing a summary of all activities car2 ried out under this section. 

3 ‘‘(p) COORDINATION AND NONDUPLICATION.—To 

4 the maximum extent practicable, the Secretary shall en5 sure that the activities carried out under this section are 

6 coordinated with, and do not duplicate the efforts of, other 

7 loan guarantee programs within the Federal Government. 

8 ‘‘(q) MEP CENTERS.—The Secretary may use cen9 ters established under section 25 of the National Institute 

10 of Standards and Technology Act (15 U.S.C. 278k) to 

11 provide information about the program established under 

12 this section and to conduct outreach to potential bor13 rowers, as appropriate. 

14 ‘‘(r) MINIMIZING RISK.—The Secretary shall promul15 gate regulations and policies to carry out this section in 

16 accordance with Office of Management and Budget Cir17 cular No. A–129, entitled ‘Policies for Federal Credit Pro18 grams and Non-Tax Receivables’, as in effect on the date 

19 of enactment of the America COMPETES Reauthoriza20 tion Act of 2010. 

21 ‘‘(s) SENSE OF CONGRESS.—It is the sense of Con22 gress that no loan guarantee shall be made under this sec23 tion unless the borrower agrees to use a federally approved 

24 electronic employment eligibility verification system to 

25 verify the employment eligibility of— 


tjames on DSKG8SOYB1PROD with BILLS
99 

•S 3605 RS 

1 ‘‘(1) all persons hired during the contract term 

2 by the borrower to perform employment duties with3 in the United States; and 

4 ‘‘(2) all persons assigned by the borrower to 

5 perform work within the United States on the 

6 project. 

7 ‘‘(t) DEFINITIONS.—In this section: 

8 ‘‘(1) COST.—The term ‘cost’ has the meaning 

9 given such term under section 502 of the Federal 

10 Credit Reform Act of 1990 (2 U.S.C. 661a). 

11 ‘‘(2) INNOVATIVE PROCESS.—The term ‘innova12 tive process’ means a process that is significantly 

13 improved as compared to the process in general use 

14 in the commercial marketplace in the United States 

15 at the time the loan guarantee is issued. 

16 ‘‘(3) INNOVATIVE TECHNOLOGY.—The term ‘in17 novative technology’ means a technology that is sig18 nificantly improved as compared to the technology in 

19 general use in the commercial marketplace in the 

20 United States at the time the loan guarantee is 

21 issued. 

22 ‘‘(4) LOAN GUARANTEE.—The term ‘loan guar23 antee’ has the meaning given such term in section 

24 502 of the Federal Credit Reform Act of 1990 (2 

25 U.S.C. 661a). The term includes a loan guarantee 


tjames on DSKG8SOYB1PROD with BILLS
100 

•S 3605 RS 

1 commitment (as defined in section 502 of such Act 

2 (2 U.S.C. 661a)). 

3 ‘‘(5) OBLIGATION.—The term ‘obligation’ 

4 means the loan or other debt obligation that is guar5 anteed under this section. 

6 ‘‘(6) PROGRAM.—The term ‘program’ means 

7 the loan guarantee program established in sub8 section (a). 

9 ‘(u) AUTHORIZATION OF APPROPRIATIONS.— 

10 ‘‘(1) COST OF LOAN GUARANTEES.—There are 

11 authorized to be appropriated $100,000,000 for each 

12 of fiscal years 2011 through 2015 to provide the 

13 cost of loan guarantees under this section. 

14 ‘‘(2) PRINCIPAL AND INTEREST.—There are au15 thorized to be appropriated such sums as are nec16 essary to carry out subsection (g).’’. 

17 SEC. 603. REGIONAL INNOVATION PROGRAM. 

18 The Stevenson-Wydler Technology Innovation Act of 

19 1980 (15 U.S.C. 3701 et seq.), as amended by section 

20 602, is further amended by adding at the end thereof the 

21 following: 

22 ‘‘SEC. 27. REGIONAL INNOVATION PROGRAM. 

23 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab24 lish a regional innovation program to encourage and sup25 port the development of regional innovation strategies, inVerDate Mar 15 2010 00:40 Dec 11, 2010 Jkt 099200 PO 00000 Frm 00100 Fmt 6652 Sfmt 6401 E:\BILLS\S3605.RS S3605

tjames on DSKG8SOYB1PROD with BILLS
101 

•S 3605 RS 

1 cluding regional innovation clusters and science and re2 search parks. 

3 ‘(b) REGIONAL INNOVATION CLUSTER GRANTS.— 

4 ‘‘(1) IN GENERAL.—As part of the program es5 tablished under subsection (a), the Secretary may 

6 award grants on a competitive basis to eligible re7 cipients for activities relating to the formation and 

8 development of regional innovation clusters. 

9 ‘‘(2) PERMISSIBLE ACTIVITIES.—Grants award10 ed under this subsection may be used for activities 

11 determined appropriate by the Secretary, including 

12 the following: 

13 ‘‘(A) Feasibility studies. 

14 ‘‘(B) Planning activities. 

15 ‘‘(C) Technical assistance. 

16 ‘‘(D) Developing or strengthening commu17 nication and collaboration between and among 

18 participants of a regional innovation cluster. 

19 ‘‘(E) Attracting additional participants to 

20 a regional innovation cluster. 

21 ‘‘(F) Facilitating market development of 

22 products and services developed by a regional 

23 innovation cluster, including through dem24 onstration, deployment, technology transfer, 

25 and commercialization activities. 


tjames on DSKG8SOYB1PROD with BILLS
102 

•S 3605 RS 

1 ‘‘(G) Developing relationships between a 

2 regional innovation cluster and entities or clus3 ters in other regions. 

4 ‘‘(H) Interacting with the public and State 

5 and local governments to meet the goals of the 

6 cluster. 

7 ‘‘(3) ELIGIBLE RECIPIENT DEFINED.—In this 

8 subsection, the term ‘eligible recipient’ means— 

9 ‘‘(A) a State; 

10 ‘‘(B) an Indian tribe; 

11 ‘‘(C) a city or other political subdivision of 

12 a State; 

13 ‘‘(D) an entity that— 

14 ‘‘(i) is a nonprofit organization, an in15 stitution of higher education, a public-pri16 vate partnership, a science park, a Federal 

17 laboratory, or an economic development or18 ganization or similar entity; and 

19 ‘‘(ii) has an application that is sup20 ported by a State or a political subdivision 

21 of a State; or 

22 ‘‘(E) a consortium of any of the entities 

23 descibed in subparagraphs (A) through (D). 

24 ‘‘(4) APPLICATION.— 


tjames on DSKG8SOYB1PROD with BILLS
103 

•S 3605 RS 

1 ‘‘(A) IN GENERAL.—An eligible recipient 

2 shall submit an application to the Secretary at 

3 such time, in such manner, and containing such 

4 information and assurances as the Secretary 

5 may require. 

6 ‘‘(B) COMPONENTS.—The application shall 

7 include, at a minimum, a description of the re8 gional innovation cluster supported by the pro9 posed activity, including a description of— 

10 ‘‘(i) whether the regional innovation 

11 cluster is supported by the private sector, 

12 State and local governments, and other rel13 evant stakeholders; 

14 ‘‘(ii) how the existing participants in 

15 the regional innovation cluster will encour16 age and solicit participation by all types of 

17 entities that might benefit from participa18 tion, including newly formed entities and 

19 those rival to existing participants; 

20 ‘‘(iii) the extent to which the regional 

21 innovation cluster is likely to stimulate in22 novation and have a positive impact on re23 gional economic growth and development; 


tjames on DSKG8SOYB1PROD with BILLS
104 

•S 3605 RS 

1 ‘‘(iv) whether the participants in the 

2 regional innovation cluster have access to, 

3 or contribute to, a well-trained workforce; 

4 ‘‘(v) whether the participants in the 

5 regional innovation cluster are capable of 

6 attracting additional funds from non-Fed7 eral sources; and 

8 ‘‘(vi) the likelihood that the partici9 pants in the regional innovation cluster will 

10 be able to sustain activities once grant 

11 funds under this subsection have been ex12 pended. 

13 ‘‘(C) SPECIAL CONSIDERATION.—The Sec14 retary shall give special consideration to appli15 cations from regions that contain communities 

16 negatively impacted by trade. 

17 ‘‘(5) SPECIAL CONSIDERATION.—The Secretary 

18 shall give special consideration to an eligible recipi19 ent who agrees to collaborate with local workforce 

20 investment area boards. 

21 ‘‘(6) COST SHARE.—The Secretary may not 

22 provide more than 50 percent of the total cost of 

23 any activity funded under this subsection. 

24 ‘‘(7) USE AND APPLICATION OF RESEARCH AND

25 INFORMATION PROGRAM.—To the maximum extent 


tjames on DSKG8SOYB1PROD with BILLS
105 

•S 3605 RS 

1 practicable, the Secretary shall ensure that activities 

2 funded under this subsection use and apply any rel3 evant research, best practices, and metrics developed 

4 under the program established in subsection (c). 

5 ‘‘(c) REGIONAL INNOVATION RESEARCH AND INFOR6 MATION PROGRAM.— 

7 ‘‘(1) IN GENERAL.—As part of the program es8 tablished under subsection (a), the Secretary shall 

9 establish a regional innovation research and infor10 mation program— 

11 ‘‘(A) to gather, analyze, and disseminate 

12 information on best practices for regional inno13 vation strategies (including regional innovation 

14 clusters), including information relating to how 

15 innovation, productivity, and economic develop16 ment can be maximized through such strategies; 

17 ‘‘(B) to provide technical assistance, in18 cluding through the development of technical 

19 assistance guides, for the development and im20 plementation of regional innovation strategies 

21 (including regional innovation clusters); 

22 ‘‘(C) to support the development of rel23 evant metrics and measurement standards to 

24 evaluate regional innovation strategies (includ25 ing regional innovation clusters), including the 


tjames on DSKG8SOYB1PROD with BILLS
106 

•S 3605 RS 

1 extent to which such strategies stimulate inno2 vation, productivity, and economic development; 

3 and 

4 ‘‘(D) to collect and make available data on 

5 regional innovation cluster activity in the 

6 United States, including data on— 

7 ‘‘(i) the size, specialization, and com8 petitiveness of regional innovation clusters; 

9 ‘‘(ii) the regional domestic product 

10 contribution, total jobs and earnings by 

11 key occupations, establishment size, nature 

12 of specialization, patents, Federal research 

13 and development spending, and other rel14 evant information for regional innovation 

15 clusters; and 

16 ‘‘(iii) supply chain product and service 

17 flows within and between regional innova18 tion clusters. 

19 ‘‘(2) RESEARCH GRANTS.—The Secretary may 

20 award research grants on a competitive basis to sup21 port and further the goals of the program estab22 lished under this subsection. 

23 ‘‘(3) DISSEMINATION OF INFORMATION.—Data 

24 and analysis compiled by the Secretary under the 

25 program established in this subsection shall be made 


tjames on DSKG8SOYB1PROD with BILLS
107 

•S 3605 RS 

1 available to other Federal agencies, State and local 

2 governments, and nonprofit and for-profit entities. 

3 ‘‘(4) CLUSTER GRANT PROGRAM.—The Sec4 retary shall incorporate data and analysis relating to 

5 any regional innovation cluster supported by a grant 

6 under subsection (b) into the program established 

7 under this subsection. 

8 ‘‘(d) INTERAGENCY COORDINATION.— 

9 ‘‘(1) IN GENERAL.—To the maximum extent 

10 practicable, the Secretary shall ensure that the ac11 tivities carried out under this section are coordinated 

12 with, and do not duplicate the efforts of, other pro13 grams at the Department of Commerce or other 

14 Federal agencies. 

15 ‘‘(2) COLLABORATION.— 

16 ‘‘(A) IN GENERAL.—The Secretary shall 

17 explore and pursue collaboration with other 

18 Federal agencies, including through multi19 agency funding opportunities, on regional inno20 vation strategies. 

21 ‘‘(B) SMALL BUSINESSES.—The Secretary 

22 shall ensure that such collaboration with Fed23 eral agencies prioritizes the needs and chal24 lenges of small businesses. 

25 ‘‘(e) EVALUATION.— 


tjames on DSKG8SOYB1PROD with BILLS
108 

•S 3605 RS 

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

2 after the date of enactment of the America COM3 PETES Reauthorization Act of 2010, the Secretary 

4 shall enter into a contract with an independent enti5 ty, such as the National Academy of Sciences, to 

6 conduct an evaluation of the program established 

7 under subsection (a). 

8 ‘‘(2) REQUIREMENTS.—The evaluation shall in9 clude— 

10 ‘‘(A) whether the program is achieving its 

11 goals; 

12 ‘‘(B) any recommendations for how the 

13 program may be improved; and 

14 ‘‘(C) a recommendation as to whether the 

15 program should be continued or terminated. 

16 ‘‘(f) DEFINITIONS.—In this section: 

17 ‘‘(1) REGIONAL INNOVATION CLUSTER.—The 

18 term ‘regional innovation cluster’ means a geo19 graphically bounded network of similar, synergistic, 

20 or complementary entities that— 

21 ‘‘(A) are engaged in or with a particular 

22 industry sector; 

23 ‘‘(B) have active channels for business 

24 transactions and communication; 


tjames on DSKG8SOYB1PROD with BILLS
109 

•S 3605 RS 

1 ‘‘(C) share specialized infrastructure, labor 

2 markets, and services; and 

3 ‘‘(D) leverage the region’s unique competi4 tive strengths to stimulate innovation and cre5 ate jobs. 

6 ‘‘(2) STATE.—The term ‘State’ means one of 

7 the several States, the District of Columbia, the 

8 Commonwealth of Puerto Rico, the Virgin Islands, 

9 Guam, American Samoa, the Commonwealth of the 

10 Northern Mariana Islands, or any other territory or 

11 possession of the United States. 

12 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 

13 are authorized to be appropriated such sums as are nec14 essary for each of fiscal years 2011 through 2015 to carry 

15 out this section, including such sums as are necessary to 

16 carry out the evaluation required under subsection (e).’’. 

17 SEC. 604. SCIENCE AND RESEARCH PARKS. 

18 The Stevenson-Wydler Technology Innovation Act of 

19 1980 (15 U.S.C. 3701 et seq.), as amended by section 

20 603, is further amended by adding at the end thereof the 

21 following: 

22 ‘‘SEC. 28. SCIENCE AND RESEARCH PARKS. 

23 ‘‘(a) ESTABLISHMENT.—Upon the application of an 

24 eligible recipient, the Secretary is authorized to provide 

25 financial assistance under this section for the development 


tjames on DSKG8SOYB1PROD with BILLS
110 

•S 3605 RS 

1 and construction of science and research parks to promote 

2 the clustering of innovation through high technology ac3 tivities. 

4 ‘‘(b) DEVELOPMENT OF PLANS FOR CONSTRUCTION

5 OF SCIENCE PARKS.— 

6 ‘‘(1) IN GENERAL.—The Secretary may award 

7 grants for the development of feasibility studies and 

8 plans for the construction of new science parks or 

9 renovation or expansion of existing science parks. 

10 ‘‘(2) LIMITATION ON AMOUNT OF GRANTS.— 

11 The amount of a grant awarded under this sub12 section may not exceed $750,000. 

13 ‘‘(3) AWARD.— 

14 ‘‘(A) COMPETITION REQUIRED.—The Sec15 retary shall award grants under this subsection 

16 pursuant to a full and open competition. 

17 ‘‘(B) GEOGRAPHIC DISPERSION.— In con18 ducting a competitive process, the Secretary 

19 shall consider the need to avoid undue geo20 graphic concentration among any one category 

21 of States based on their predominate rural or 

22 urban character as indicated by population den23 sity. 

24 ‘‘(C) SELECTION CRITERIA.—The Sec25 retary shall publish the criteria to be utilized in 


tjames on DSKG8SOYB1PROD with BILLS
111 

•S 3605 RS 

1 any competition under this paragraph for the 

2 selection of recipients of grants under this sub3 section, which shall include requirements relat4 ing to the— 

5 ‘‘(i) effect the science park will have 

6 on regional economic growth and develop7 ment; 

8 ‘‘(ii) number of jobs to be created at 

9 the science park and the surrounding re10 gional community each year during its first 

11 5 years; 

12 ‘‘(iii) funding to be required to con13 struct, renovate or expand, the science 

14 park during its first 5 years; 

15 ‘‘(iv) amount and type of financing 

16 and access to capital available to the appli17 cant; 

18 ‘‘(v) types of businesses and research 

19 entities expected in the science park and 

20 surrounding regional community; 

21 ‘‘(vi) letters of intent by businesses 

22 and research entities to locate in the 

23 science park; 

24 ‘‘(vii) capability to attract a well 

25 trained workforce to the science park; 


tjames on DSKG8SOYB1PROD with BILLS
112 

•S 3605 RS 

1 ‘‘(viii) the management of the science 

2 park during its first 5 years; 

3 ‘‘(ix) expected financial risks in the 

4 construction and operation of the science 

5 park and the risk mitigation strategy; 

6 ‘‘(x) physical infrastructure available 

7 to the science park, including roads, utili8 ties, and telecommunications; 

9 ‘‘(xi) utilization of energy-efficient 

10 building technology including nationally 

11 recognized green building design practices, 

12 renewable energy, cogeneration, and other 

13 methods that increase energy efficiency 

14 and conservation; 

15 ‘‘(xii) consideration to the trans16 formation of military bases affected by the 

17 base realignment and closure process 

18 (BRAC) or the redevelopment of existing 

19 buildings, structures, or brownfield sites 

20 that are abandoned, idled, or underused 

21 into single or multiple building facilities for 

22 science and technology companies and in23 stitutions; 

24 ‘‘(xiii) ability to collaborate with other 

25 science parks throughout the world; 


tjames on DSKG8SOYB1PROD with BILLS
113 

•S 3605 RS 

1 ‘‘(xiv) consideration of sustainable de2 velopment practices and the quality of life 

3 at the science park; and 

4 ‘‘(xv) other such criteria as the Sec5 retary shall prescribe. 

6 ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— 

7 There are authorized to be appropriated $7,500,000 

8 for each of the fiscal years 2011 through 2015 to 

9 carry out this subsection. 

10 ‘‘(c) LOAN GUARANTEES FOR SCIENCE PARK INFRA11 STRUCTURE.— 

12 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

13 the Secretary may guarantee up to 80 percent of the 

14 loan amount for projects for the construction or ex15 pansion, including renovation and modernization, of 

16 science park infrastructure. 

17 ‘‘(2) LIMITATIONS ON GUARANTEE AMOUNTS.— 

18 The maximum amount of loan principal guaranteed 

19 under this subsection may not exceed— 

20 ‘‘(A) $50,000,000 with respect to any 

21 single project; and 

22 ‘‘(B) $500,000,000 with respect to all 

23 projects. 

24 ‘‘(3) SELECTION OF GUARANTEE RECIPI25 ENTS.—The Secretary shall select recipients of loan 


tjames on DSKG8SOYB1PROD with BILLS
114 

•S 3605 RS 

1 guarantees under this subsection based upon the 

2 ability of the recipient to collateralize the loan 

3 amount through bonds, equity, property, and such 

4 other things of values as the Secretary shall deem 

5 necessary. Recipients of grants under subsection (a) 

6 are not eligible for a loan guarantee during the pe7 riod of the grant. To the extent that the Secretary 

8 determines it to be feasible, the Secretary may select 

9 recipients of guarantee assistance in accord with a 

10 competitive process that takes into account the fac11 tors set out in subsection (c) of this section. 

12 ‘‘(4) TERMS AND CONDITIONS FOR LOAN GUAR13 ANTEES.—The loans guaranteed under this sub14 section shall be subject to such terms and conditions 

15 as the Secretary may prescribe, except that— 

16 ‘‘(A) the final maturity of such loans made 

17 or guaranteed may not exceed the lesser of— 

18 ‘‘(i) 30 years; or 

19 ‘‘(ii) 90 percent of the useful life of 

20 any physical asset to be financed by the 

21 loan; 

22 ‘‘(B) a loan guaranteed under this sub23 section may not be subordinated to another 

24 debt contracted by the borrower or to any other 


tjames on DSKG8SOYB1PROD with BILLS
115 

•S 3605 RS 

1 claims against the borrowers in the case of de2 fault; 

3 ‘‘(C) a loan may not be guaranteed under 

4 this subsection unless the Secretary determines 

5 that the lender is responsible and that provision 

6 is made for servicing the loan on reasonable 

7 terms and in a manner that adequately protects 

8 the financial interest of the United States; 

9 ‘‘(D) a loan may not be guaranteed under 

10 this subsection if— 

11 ‘‘(i) the income from the loan is ex12 cluded from gross income for purposes of 

13 chapter 1 of the Internal Revenue Code of 

14 1986; or 

15 ‘‘(ii) the guarantee provides signifi16 cant collateral or security, as determined 

17 by the Secretary in coordination with the 

18 Secretary of the Treasury, for other obliga19 tions the income from which is so excluded; 

20 ‘‘(E) any guarantee provided under this 

21 subsection shall be conclusive evidence that— 

22 ‘‘(i) the guarantee has been properly 

23 obtained; 

24 ‘‘(ii) the underlying loan qualified for 

25 the guarantee; and 


tjames on DSKG8SOYB1PROD with BILLS
116 

•S 3605 RS 

1 ‘‘(iii) absent fraud or material mis2 representation by the holder, the guarantee 

3 is presumed to be valid, legal, and enforce4 able; 

5 ‘‘(F) the Secretary may not extend credit 

6 assistance unless the Secretary has determined 

7 that there is a reasonable assurance of repay8 ment; and 

9 ‘‘(G) new loan guarantees may not be com10 mitted except to the extent that appropriations 

11 of budget authority to cover their costs are 

12 made in advance, as required under section 504 

13 of the Federal Credit Reform Act of 1990 (2 

14 U.S.C. 661c). 

15 ‘‘(5) PAYMENT OF LOSSES.— 

16 ‘‘(A) IN GENERAL.—If, as a result of a de17 fault by a borrower under a loan guaranteed 

18 under this subsection, after the holder has 

19 made such further collection efforts and insti20 tuted such enforcement proceedings as the Sec21 retary may require, the Secretary determines 

22 that the holder has suffered a loss, the Sec23 retary shall pay to the holder the percentage of 

24 the loss specified in the guarantee contract. 

25 Upon making any such payment, the Secretary 


tjames on DSKG8SOYB1PROD with BILLS
117 

•S 3605 RS 

1 shall be subrogated to all the rights of the re2 cipient of the payment. The Secretary shall be 

3 entitled to recover from the borrower the 

4 amount of any payments made pursuant to any 

5 guarantee entered into under this section. 

6 ‘‘(B) ENFORCEMENT OF RIGHTS.—The At7 torney General shall take such action as may be 

8 appropriate to enforce any right accruing to the 

9 United States as a result of the issuance of any 

10 guarantee under this section. 

11 ‘‘(C) FORBEARANCE.—Nothing in this sec12 tion may be construed to preclude any forbear13 ance for the benefit of the borrower which may 

14 be agreed upon by the parties to the guaranteed 

15 loan and approved by the Secretary, if budget 

16 authority for any resulting subsidy costs (as de17 fined in section 502(5) of the Federal Credit 

18 Reform Act of 1990) is available. 

19 ‘‘(6) REVIEW.— 

20 ‘‘(A) The Secretary shall periodically as21 sess the credit risk of new and existing direct 

22 loans or guaranteed loans. 

23 ‘‘(B) Not later than 2 years after the date 

24 of the enactment of the America COMPETES 


tjames on DSKG8SOYB1PROD with BILLS
118 

•S 3605 RS 

1 Reauthorization Act of 2010, the Comptroller 

2 General of the United States shall— 

3 ‘‘(i) conduct a review of the subsidy 

4 estimates for the loan guarantees under 

5 this subsection; and 

6 ‘‘(ii) submit to Congress a report on 

7 the review conducted under this paragraph. 

8 ‘‘(7) TERMINATION.—A loan may not be guar9 anteed under this subsection after September 30, 

10 2015. 

11 ‘‘(8) AUTHORIZATION OF APPROPRIATIONS.— 

12 There are authorized to be appropriated— 

13 ‘‘(A) such sums as are necessary annually 

14 for the cost (as defined in section 502(5) of the 

15 Federal Credit Reform Act of 1990) of guaran16 teeing $500,000,000 in loans under this sub17 section, and 

18 ‘‘(B) such sums as may be necessary for 

19 administrative expenses in fiscal year 2011 and 

20 thereafter, 

21 such sums to remain available until expended. 

22 ‘‘(d) SCIENCE PARK DEFINED.—In this section, the 

23 term ‘science park’ means a property-based venture that— 

24 ‘‘(1) has— 


tjames on DSKG8SOYB1PROD with BILLS
119 

•S 3605 RS 

1 ‘‘(A) master-planned property and build2 ings designed primarily for private-public re3 search and development activities, high tech4 nology and science-based companies, and re5 search and development support services; 

6 ‘‘(B) a contractual or operational relation7 ship with one or more science- or research-re8 lated institution of higher education or govern9 mental or non-profit research laboratories; 

10 ‘‘(C) as its primary mission the promotion 

11 of research and development through industry 

12 partnerships, assisting in the growth of new 

13 ventures, and promoting innovation-driven eco14 nomic development; 

15 ‘‘(D) a role in facilitating the transfer of 

16 technology and business skills between research17 ers and industry teams; and 

18 ‘‘(E) a role in promoting technology-led 

19 economic development for the community or re20 gion in which the science park is located; 

21 ‘‘(2) is owned by a governmental or not-for22 profit entity; and 

23 ‘‘(3) may enter into partnerships or joint ven24 tures with for-profit entities for development or 

25 management of specific components of the park.’’. 


tjames on DSKG8SOYB1PROD with BILLS
120 

•S 3605 RS 

1 TITLE VII—GENERAL 

2 PROVISIONS 

3 SEC. 701. GOVERNMENT ACCOUNTABILITY OFFICE REVIEW. 

4 Not later than May 31, 2013, the Comptroller Gen5 eral of the United States shall submit a report to the Sen6 ate Committee on Commerce, Science, and Transportation 

7 and the House of Representatives Committee on Science 

8 and Technology that evaluates the status of the programs 

9 authorized in this Act, including the extent to which such 

10 programs have been funded, implemented, and are con11 tributing to achieving the goals of the Act. 

12 SEC. 702. SALARY RESTRICTIONS. 

13 (a) OBSCENE MATTER ON FEDERAL PROPERTY.— 

14 None of the funds authorized under this Act may be used 

15 to pay the salary of any individual who is convicted of vio16 lating section 1460 of title 18, United States Code. 

17 (b) USE OF FEDERAL COMPUTERS FOR CHILD POR18 NOGRAPHY OR EXPLOITATION OF MINORS.—None of the 

19 funds authorized under this Act may be used to pay the 

20 salary of any individual who is convicted of a violation of 

21 section 2252 of title 18, United States Code. 

22 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

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

25 ‘‘America Creating Opportunities to Meaningfully Promote 


tjames on DSKG8SOYB1PROD with BILLS
121 

•S 3605 RS 

1 Excellence in Technology, Education, and Science Reau2 thorization Act of 2010’’. 

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

4 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

TITLE I—OFFICE OF SCIENCE AND TECHNOLOGY POLICY 

Sec. 101. Coordination of Federal STEM education. 

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

Sec. 103. Interagency public access committee. 

Sec. 104. Federal scientific collections. 

Sec. 105. Prize competitions. 

TITLE II—NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 

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

Sec. 202. NASA’s contribution to education. 

Sec. 203. International Space Station’s contribution to national competitiveness 

enhancement. 

Sec. 204. Definitions. 

TITLE III—NATIONAL OCEANIC AND ATMOSPHERIC 

ADMINISTRATION 

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

Sec. 302. Oceanic and atmospheric science education programs. 

Sec. 303. Workforce study. 

TITLE IV—NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY 

Sec. 401. Short title. 

Sec. 402. Authorization of appropriations. 

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

Sec. 404. Manufacturing Extension Partnership. 

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

Sec. 406. Broadening participation. 

Sec. 407. NIST Fellowships. 

Sec. 408. Green manufacturing and construction. 

Sec. 409. Definitions. 

TITLE V—SCIENCE, TECHNOLOGY, ENGINEERING, AND 

MATHEMATICS SUPPORT PROGRAMS 

SUBTITLE A—NATIONAL SCIENCE FOUNDATION 

Sec. 501. Short title. 

Sec. 502. Definitions. 

Sec. 503. Authorization of appropriations. 

Sec. 504. National Science Board administrative amendments. 

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


tjames on DSKG8SOYB1PROD with BILLS
122 

•S 3605 RS 

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

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

Sec. 508. Partnerships for innovation. 

Sec. 509. Sustainable chemistry basic research. 

Sec. 510. Graduate student support. 

Sec. 511. Robert Noyce teacher scholarship program. 

Sec. 512. Undergraduate broadening participation program. 

Sec. 513. Research experiences for high school students. 

Sec. 514. Research experiences for undergraduates. 

Sec. 515. STEM industry internship programs. 

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

Sec. 517. Experimental Program to Stimulate Competitive Research. 

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

mathematics talent expansion program. 

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

Sec. 520. Grantee reports on commercialization strategy and results. 

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

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

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

Sec. 524. Cloud computing research enhancement. 

Sec. 525. Tribal colleges and universities program. 

SUBTITLE B—STEM-TRAINING GRANT PROGRAM 

Sec. 551. Purpose. 

Sec. 552. Program requirements. 

Sec. 553. Grant program. 

Sec. 554. Grant oversight and administration. 

Sec. 555. Definitions. 

Sec. 556. Authorization of appropriations. 

TITLE VI—INNOVATION 

Sec. 601. Office of innovation and entrepreneurship. 

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

Sec. 603. Regional innovation program. 

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

States and development of national economic competitiveness 

strategy. 

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

small- and medium-sized manufacturers. 

TITLE VII—NIST GREEN JOBS 

Sec. 701. Short title. 

Sec. 702. Findings. 

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

TITLE VIII—GENERAL PROVISIONS 

Sec. 801. Government Accountability Office review. 

Sec. 802. Salary restrictions. 

Sec. 803. Additional research authorities of the FCC. 


tjames on DSKG8SOYB1PROD with BILLS
123 

•S 3605 RS 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

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

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

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

9 TITLE I—OFFICE OF SCIENCE 

10 AND TECHNOLOGY POLICY 

11 SEC. 101. COORDINATION OF FEDERAL STEM EDUCATION. 

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

13 committee under the National Science and Technology 

14 Council, including the Office of Management and Budget, 

15 with the responsibility to coordinate Federal programs and 

16 activities in support of STEM education, including at the 

17 National Science Foundation, the Department of Energy, 

18 the National Aeronautics and Space Administration, the 

19 National Oceanic and Atmospheric Administration, the De20 partment of Education, and all other Federal agencies that 

21 have programs and activities in support of STEM edu22 cation. 

23 (b) RESPONSIBILITIES.—The committee established 

24 under subsection (a) shall— 

25 (1) coordinate the STEM education activities 

26 and programs of the Federal agencies; 


tjames on DSKG8SOYB1PROD with BILLS
124 

•S 3605 RS 

1 (2) coordinate STEM education activities and 

2 programs with the Office of Management and Budget; 

3 (3) encourage the teaching of innovation and en4 trepreneurship as part of STEM education activities; 

5 (4) review STEM education activities and pro6 grams to ensure they are not duplicative of similar ef7 forts within the Federal government; 

8 (5) develop, implement through the participating 

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

10 STEM education strategic plan, which shall— 

11 (A) specify and prioritize annual and long12 term objectives; 

13 (B) specify the common metrics that will be 

14 used to assess progress toward achieving the ob15 jectives; 

16 (C) describe the approaches that will be 

17 taken by each participating agency to assess the 

18 effectiveness of its STEM education programs 

19 and activities; and 

20 (D) with respect to subparagraph (A), de21 scribe the role of each agency in supporting pro22 grams and activities designed to achieve the ob23 jectives; and 

24 (6) establish, periodically update, and maintain 

25 an inventory of federally sponsored STEM education 


tjames on DSKG8SOYB1PROD with BILLS
125 

•S 3605 RS 

1 programs and activities, including documentation of 

2 assessments of the effectiveness of such programs and 

3 activities and rates of participation by women, 

4 underrepresented minorities, and persons in rural 

5 areas in such programs and activities. 

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

7 encourage and monitor the efforts of the participating agen8 cies to ensure that the strategic plan under subsection (b)(5) 

9 is developed and executed effectively and that the objectives 

10 of the strategic plan are met. 

11 (c) REPORT.—The Director shall transmit a report an12 nually to Congress at the time of the President’s budget re13 quest describing the plan required under subsection (b)(5). 

14 The annual report shall include— 

15 (1) a description of the STEM education pro16 grams and activities for the previous and current fis17 cal years, and the proposed programs and activities 

18 under the President’s budget request, of each partici19 pating Federal agency; 

20 (2) the levels of funding for each participating 

21 Federal agency for the programs and activities de22 scribed under paragraph (1) for the previous fiscal 

23 year and under the President’s budget request; 


tjames on DSKG8SOYB1PROD with BILLS
126 

•S 3605 RS 

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

2 fragmentation of the programs and activities de3 scribed under paragraph (1) 

4 (4) except for the initial annual report, a de5 scription of the progress made in carrying out the im6 plementation plan, including a description of the out7 come of any program assessments completed in the 

8 previous year, and any changes made to that plan 

9 since the previous annual report; and 

10 (5) a description of how the participating Fed11 eral agencies will disseminate information about fed12 erally supported resources for STEM education prac13 titioners, including teacher professional development 

14 programs, to States and to STEM education practi15 tioners, including to teachers and administrators in 

16 schools that meet the criteria described in subsection 

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

18 of Energy Science Education Enhancement Act (42 

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

20 SEC. 102. COORDINATION OF ADVANCED MANUFACTURING 

21 RESEARCH AND DEVELOPMENT. 

22 (a) INTERAGENCY COMMITTEE.—The Director shall es23 tablish or designate a Committee on Technology under the 

24 National Science and Technology Council. The Committee 

25 shall be responsible for planning and coordinating Federal 


tjames on DSKG8SOYB1PROD with BILLS
127 

•S 3605 RS 

1 programs and activities in advanced manufacturing re2 search and development. 

3 (b) RESPONSIBILITIES OF COMMITTEE.—The Com4 mittee shall— 

5 (1) coordinate the advanced manufacturing re6 search and development programs and activities of 

7 the Federal agencies; 

8 (2) establish goals and priorities for advanced 

9 manufacturing research and development that will 

10 strengthen United States manufacturing; 

11 (3) work with industry organizations, Federal 

12 agencies, and Federally Funded Research and Devel13 opment Centers not represented on the Committee, to 

14 identify and reduce regulatory, logistical, and fiscal 

15 barriers within the Federal government and State 

16 governments that inhibit United States manufac17 turing; 

18 (4) facilitate the transfer of intellectual property 

19 and technology based on federally supported univer20 sity research into commercialization and manufac21 turing; 

22 (5) identify technological, market, or business 

23 challenges that may best be addressed by public-pri24 vate partnerships, and are likely to attract both par25 ticipation and primary funding from industry; 


tjames on DSKG8SOYB1PROD with BILLS
128 

•S 3605 RS 

1 (6) encourage the formation of public-private 

2 partnerships to respond to those challenges for transi3 tion to United States manufacturing; and 

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

5 plan to guide Federal programs and activities in sup6 port of advanced manufacturing research and devel7 opment, which shall— 

8 (A) specify and prioritize near-term and 

9 long-term research and development objectives, 

10 the anticipated time frame for achieving the ob11 jectives, and the metrics for use in assessing 

12 progress toward the objectives; 

13 (B) specify the role of each Federal agency 

14 in carrying out or sponsoring research and de15 velopment to meet the objectives of the strategic 

16 plan; 

17 (C) describe how the Federal agencies and 

18 Federally Funded Research and Development 

19 Centers supporting advanced manufacturing re20 search and development will foster the transfer of 

21 research and development results into new man22 ufacturing technologies and United States based 

23 manufacturing of new products and processes for 

24 the benefit of society to ensure national, energy, 

25 and economic security; 


tjames on DSKG8SOYB1PROD with BILLS
129 

•S 3605 RS 

1 (D) describe how Federal agencies and Fed2 erally Funded Research and Development Cen3 ters supporting advanced manufacturing re4 search and development will strengthen all levels 

5 of manufacturing education and training pro6 grams to ensure an adequate, well-trained work7 force; 

8 (E) describe how the Federal agencies and 

9 Federally Funded Research and Development 

10 Centers supporting advanced manufacturing re11 search and development will assist small- and 

12 medium-sized manufacturers in developing and 

13 implementing new products and processes; and 

14 (F) take into consideration the rec15 ommendations of a wide range of stakeholders, 

16 including representatives from diverse manufac17 turing companies, academia, and other relevant 

18 organizations and institutions. 

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

20 enactment of this Act, the Director shall transmit the stra21 tegic plan developed under subsection (b)(7) to the Senate 

22 Committee on Commerce, Science, and Transportation, and 

23 the House of Representatives Committee on Science and 

24 Technology, and shall transmit subsequent updates to those 

25 committees as appropriate. 


tjames on DSKG8SOYB1PROD with BILLS
130 

•S 3605 RS 

1 SEC. 103. INTERAGENCY PUBLIC ACCESS COMMITTEE. 

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

3 working group under the National Science and Technology 

4 Council with the responsibility to coordinate Federal 

5 science agency research and policies related to the dissemi6 nation and long-term stewardship of the results of unclassi7 fied research, including digital data and peer-reviewed 

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

9 funding from the Federal science agencies. 

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

11 (1) identify the specific objectives and public in12 terests that need to be addressed by any policies co13 ordinated under (a); 

14 (2) take into account inherent variability among 

15 Federal science agencies and scientific disciplines in 

16 the nature of research, types of data, and dissemina17 tion models; 

18 (3) coordinate the development or designation of 

19 standards for research data, the structure of full text 

20 and metadata, navigation tools, and other applica21 tions to maximize interoperability across Federal 

22 science agencies, across science and engineering dis23 ciplines, and between research data and scholarly 

24 publications, taking into account existing consensus 

25 standards, including international standards; 


tjames on DSKG8SOYB1PROD with BILLS
131 

•S 3605 RS 

1 (4) coordinate Federal science agency programs 

2 and activities that support research and education on 

3 tools and systems required to ensure preservation and 

4 stewardship of all forms of digital research data, in5 cluding scholarly publications; 

6 (5) work with international science and tech7 nology counterparts to maximize interoperability be8 tween United States based unclassified research data9 bases and international databases and repositories; 

10 (6) solicit input and recommendations from, and 

11 collaborate with, non-Federal stakeholders, including 

12 the public, universities, nonprofit and for-profit pub13 lishers, libraries, federally funded and non federally 

14 funded research scientists, and other organizations 

15 and institutions with a stake in long term preserva16 tion and access to the results of federally funded re17 search; 

18 (7) establish priorities for coordinating the devel19 opment of any Federal science agency policies related 

20 to public access to the results of federally funded re21 search to maximize the benefits of such policies with 

22 respect to their potential economic or other impact on 

23 the science and engineering enterprise and the stake24 holders thereof; 


tjames on DSKG8SOYB1PROD with BILLS
132 

•S 3605 RS 

1 (8) take into consideration the distinction be2 tween scholarly publications and digital data; 

3 (9) take into consideration the role that scientific 

4 publishers play in the peer review process in ensuring 

5 the integrity of the record of scientific research, in6 cluding the investments and added value that they 

7 make; and 

8 (10) examine Federal agency practices and pro9 cedures for providing research reports to the agencies 

10 charged with locating and preserving unclassified re11 search. 

12 (c) PATENT OR COPYRIGHT LAW.—Nothing in this sec13 tion shall be construed to undermine any right under the 

14 provisions of title 17 or 35, United States Code. 

15 (d) APPLICATION WITH EXISTING LAW.—Nothing de16 fined in section (b) shall be construed to affect existing law 

17 with respect to Federal science agencies’ policies related to 

18 public access. 

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

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

21 transmit a report to Congress describing— 

22 (1) the specific objectives and public interest 

23 identified under (b)(1); 

24 (2) any priorities established under subsection 

25 (b)(7); 


tjames on DSKG8SOYB1PROD with BILLS
133 

•S 3605 RS 

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

2 have had on the science and engineering enterprise 

3 and the stakeholders, including the financial impact 

4 on research budgets; 

5 (4) the status of any Federal science agency poli6 cies related to public access to the results of federally 

7 funded research; and 

8 (5) how any policies developed or being developed 

9 by Federal science agencies, as described in subsection 

10 (a), incorporate input from the non-Federal stake11 holders described in subsection (b)(6). 

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

13 purposes of this section, the term ‘‘Federal science agency’’ 

14 means any Federal agency with an annual extramural re15 search expenditure of over $100,000,000. 

16 SEC. 104. FEDERAL SCIENTIFIC COLLECTIONS. 

17 (a) MANAGEMENT OF SCIENTIFIC COLLECTIONS.—The 

18 Office of Science and Technology Policy shall develop poli19 cies for the management and use of Federal scientific collec20 tions to improve the quality, organization, access, including 

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

22 for the benefit of the scientific enterprise. In developing 

23 those policies the Office of Science and Technology Policy 

24 shall consult, as appropriate, with— 

25 (1) Federal agencies with such collections; and 


tjames on DSKG8SOYB1PROD with BILLS
134 

•S 3605 RS 

1 (2) representatives of other organizations, insti2 tutions, and other entities not a part of the Federal 

3 Government that have a stake in the preservation, 

4 maintenance, and accessibility of such collections, in5 cluding State and local government agencies, institu6 tions of higher education, museums, and other entities 

7 engaged in the acquisition, holding, management, or 

8 use of scientific collections. 

9 (b) CLEARINGHOUSE.—The Office of Science and Tech10 nology Policy, in consultation with relevant Federal agen11 cies, shall ensure the development of an online clearinghouse 

12 for information on the contents of and access to Federal 

13 scientific collections. 

14 (c) DISPOSAL OF COLLECTIONS.—The policies devel15 oped under subsection (a) shall— 

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

17 collection, a Federal agency shall— 

18 (A) conduct a review of the research value 

19 of the collection; and 

20 (B) consult with researchers who have used 

21 the collection, and other potentially interested 

22 parties, concerning— 

23 (i) the collection’s value for research 

24 purposes; and 


tjames on DSKG8SOYB1PROD with BILLS
135 

•S 3605 RS 

1 (ii) possible additional educational 

2 uses for the collection; and 

3 (2) include procedures for Federal agencies to 

4 transfer scientific collections they no longer need to 

5 researchers at institutions or other entities qualified 

6 to manage the collections. 

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

8 Technology Policy, in consultation with relevant Federal 

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

10 used by Federal agencies for the assessment and projection 

11 of costs associated with the management and preservation 

12 of their scientific collections. 

13 (e) SCIENTIFIC COLLECTION DEFINED.—In this sec14 tion, the term ‘‘scientific collection’’ means a set of physical 

15 specimens, living or inanimate, created for the purpose of 

16 supporting science and serving as a long-term research 

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

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

19 appropriate and feasible, the associated specimen data and 

20 materials. 

21 SEC. 105. PRIZE COMPETITIONS. 

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

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

24 by adding at the end the following: 


tjames on DSKG8SOYB1PROD with BILLS
136 

•S 3605 RS 

1 ‘‘SEC. 24. PRIZE COMPETITIONS. 

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

3 ‘‘(1) AGENCY.—The term ‘agency’ means a Fed4 eral agency. 

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

6 Director of the Office of Science and Technology Pol7 icy. 

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

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

10 that term shall not include any agency of the legisla11 tive branch of the Federal Government. 

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

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

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

15 heads of multiple agencies in cooperation, may carry out 

16 a program to award prizes competitively to stimulate inno17 vation that has the potential to advance the mission of the 

18 respective agency. 

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

20 may be one or more of the following: 

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

22 spurs the development of solutions for a particular, 

23 well-defined problem. 

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

25 promote a broad range of ideas and practices that 

26 may not otherwise attract attention, facilitating furVerDate Mar 15 2010 00:40 Dec 11, 2010 Jkt 099200 PO 00000 Frm 00136 Fmt 6652 Sfmt 6203 E:\BILLS\S3605.RS S3605

tjames on DSKG8SOYB1PROD with BILLS
137 

•S 3605 RS 

1 ther development of the idea or practice by third par2 ties. 

3 ‘‘(3) Participation prizes that create value dur4 ing and after the competition by encouraging contest5 ants to change their behavior or develop new skills 

6 that may have beneficial effects during and after the 

7 competition. 

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

9 an agency considers appropriate to stimulate innova10 tion that has the potential to advance the mission of 

11 the respective agency. 

12 ‘‘(d) TOPICS.—In selecting topics for prize competi13 tions, the head of an agency shall consult widely both with14 in and outside the Federal Government, and may empanel 

15 advisory committees. 

16 ‘‘(e) ADVERTISING.—The head of an agency shall wide17 ly advertise each prize competition to encourage broad par18 ticipation. 

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

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

21 notice in the Federal Register announcing— 

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

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

24 the competition; 


tjames on DSKG8SOYB1PROD with BILLS
138 

•S 3605 RS 

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

2 the competition; 

3 ‘‘(4) the amount of the prize; and 

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

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

6 this section, an individual or entity— 

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

8 competition under any rules promulgated by the head 

9 of an agency under subsection (f); 

10 ‘‘(2) shall have complied with all the require11 ments under this section; 

12 ‘‘(3) in the case of a private entity, shall be in13 corporated in and maintain a primary place of busi14 ness in the United States, and in the case of an indi15 vidual, whether participating singly or in a group, 

16 shall be a citizen or permanent resident of the United 

17 States; and 

18 ‘‘(4) may not be a Federal entity or Federal em19 ployee acting within the scope of their employment. 

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

21 An individual or entity shall not be deemed ineligible under 

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

23 facilities or consulted with Federal employees during a com24 petition if the facilities and employees are made available 


tjames on DSKG8SOYB1PROD with BILLS
139 

•S 3605 RS 

1 to all individuals and entities participating in the competi2 tion on an equitable basis. 

3 ‘‘(i) LIABILITY.— 

4 ‘‘(1) IN GENERAL.— 

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

6 term ‘related entity’ means a contractor or sub7 contractor at any tier, and a supplier, user, cus8 tomer, cooperating party, grantee, investigator, 

9 or detailee. 

10 ‘‘(B) LIABILITY.—Registered participants 

11 shall be required to agree to assume any and all 

12 risks and waive claims against the Federal Gov13 ernment and its related entities, except in the 

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

15 damage, or loss of property, revenue, or profits, 

16 whether direct, indirect, or consequential, arising 

17 from their participation in a competition, 

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

19 through negligence or otherwise. 

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

21 to obtain liability insurance or demonstrate financial 

22 responsibility, in amounts determined by the head of 

23 an agency, for claims by— 

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

25 or property damage, or loss resulting from an 


tjames on DSKG8SOYB1PROD with BILLS
140 

•S 3605 RS 

1 activity carried out in connection with partici2 pation in a competition, with the Federal Gov3 ernment named as an additional insured under 

4 the registered participant’s insurance policy and 

5 registered participants agreeing to indemnify the 

6 Federal Government against third party claims 

7 for damages arising from or related to competi8 tion activities; and 

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

10 loss to Government property resulting from such 

11 an activity. 

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

13 not require a participant to waive claims against the 

14 administering entity arising out of the unauthorized 

15 use or disclosure by the agency of the intellectual 

16 property, trade secrets, or confidential business infor17 mation of the participant. 

18 ‘‘(j) INTELLECTUAL PROPERTY.— 

19 ‘‘(1) PROHIBITION ON THE GOVERNMENT AC20 QUIRING INTELLECTUAL PROPERTY RIGHTS.—The 

21 Federal Government may not gain an interest in in22 tellectual property developed by a participant in a 

23 competition without the written consent of the partic24 ipant. 


tjames on DSKG8SOYB1PROD with BILLS
141 

•S 3605 RS 

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

2 negotiate a license for the use of intellectual property 

3 developed by a participant for a competition. 

4 ‘‘(k) JUDGES.— 

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

6 head of an agency, either directly or through an 

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

8 more qualified judges to select the winner or winners 

9 of the prize competition on the basis described under 

10 subsection (f). Judges for each competition may in11 clude individuals from outside the agency, including 

12 from the private sector. 

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

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

15 or be an employee, officer, director, or agent of 

16 any entity that is a registered participant in a 

17 competition; or 

18 ‘‘(B) have a familial or financial relation19 ship with an individual who is a registered par20 ticipant. 

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

22 carry out competitions under this section shall de23 velop guidelines to ensure that the judges appointed 

24 for such competitions are fairly balanced and operate 

25 in a transparent manner. 


tjames on DSKG8SOYB1PROD with BILLS
142 

•S 3605 RS 

1 ‘‘(4) EXEMPTION FROM FACA.—The Federal Ad2 visory Committee Act (5 U.S.C. App.) shall not apply 

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

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

5 of judging prize competitions under this section. 

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

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

8 nonprofit entity to administer a prize competition, subject 

9 to the provisions of this section. 

10 ‘‘(m) FUNDING.— 

11 ‘‘(1) IN GENERAL.—Support for a prize competi12 tion under this section, including financial support 

13 for the design and administration of a prize or funds 

14 for a monetary prize purse, may consist of Federal 

15 appropriated funds and funds provided by the private 

16 sector for such cash prizes. The head of an agency 

17 may accept funds from other Federal agencies to sup18 port such competitions. The head of an agency may 

19 not give any special consideration to any private sec20 tor entity in return for a donation. 

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

22 any other provision of law, funds appropriated for 

23 prize awards under this section shall remain avail24 able until expended. No provision in this section perVerDate Mar 15 2010 00:40 Dec 11, 2010 Jkt 099200 PO 00000 Frm 00142 Fmt 6652 Sfmt 6203 E:\BILLS\S3605.RS S3605

tjames on DSKG8SOYB1PROD with BILLS
143 

•S 3605 RS 

1 mits obligation or payment of funds in violation of 

2 section 1341 of title 31, United States Code. 

3 ‘‘(3) AMOUNT OF PRIZE.— 

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

5 announced under subsection (f) until all the 

6 funds needed to pay out the announced amount 

7 of the prize have been appropriated or committed 

8 in writing by a private source. 

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

10 an agency may increase the amount of a prize 

11 after an initial announcement is made under 

12 subsection (f) only if— 

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

14 in the same manner as the initial notice of 

15 the prize; and 

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

17 announced amount of the increase have been 

18 appropriated or committed in writing by a 

19 private source. 

20 ‘‘(4) LIMITATION ON AMOUNT.— 

21 ‘‘(A) NOTICE TO CONGRESS.—No prize com22 petition under this section may offer a prize in 

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

24 days have elapsed after written notice has been 

25 transmitted to the Committee on Commerce, 


tjames on DSKG8SOYB1PROD with BILLS
144 

•S 3605 RS 

1 Science, and Transportation of the Senate and 

2 the Committee on Science and Technology of the 

3 House of Representatives. 

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

5 prize competition under this section may result 

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

7 prizes without the approval of the head of an 

8 agency. 

9 ‘‘(n) GENERAL SERVICE ADMINISTRATION ASSIST10 ANCE.—Not later than 180 days after the date of the enact11 ment of the America COMPETES Reauthorization Act of 

12 2010, the General Services Administration shall provide 

13 government wide services to share best practices and assist 

14 agencies in developing guidelines for issuing prize competi15 tions. The General Services Administration shall develop a 

16 contract vehicle to provide agencies access to relevant prod17 ucts and services, including technical assistance in struc18 turing and conducting prize competitions to take maximum 

19 benefit of the marketplace as they identify and pursue prize 

20 competitions to further the policy objectives of the Federal 

21 Government. 

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

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

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

25 under this section, be responsible for compliance by 


tjames on DSKG8SOYB1PROD with BILLS
145 

•S 3605 RS 

1 registered participants in a prize competition with 

2 Federal law, including licensing, export control, and 

3 nonproliferation laws, and related regulations. 

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

5 this section affects the prize authority authorized by 

6 any other provision of law. 

7 ‘‘(p) ANNUAL REPORT.— 

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

9 each year, the Director shall submit to the Committee 

10 on Commerce, Science, and Transportation of the 

11 Senate and the Committee on Science and Technology 

12 of the House of Representatives a report on the activi13 ties carried out during the preceding fiscal year 

14 under the authority in subsection (b). 

15 ‘‘(2) INFORMATION INCLUDED.—The report for a 

16 fiscal year under this subsection shall include, for 

17 each prize competition under subsection (b), the fol18 lowing: 

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

20 the proposed goals of each prize competition. 

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

22 of why the utilization of the authority in sub23 section (b) was the preferable method of achiev24 ing the goals described in subparagraph (A) as 

25 opposed to other authorities available to the 


tjames on DSKG8SOYB1PROD with BILLS
146 

•S 3605 RS 

1 agency, such as contracts, grants, and coopera2 tive agreements. 

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

4 amount of cash prizes awarded for each prize 

5 competition, including a description of amount 

6 of private funds contributed to the program, the 

7 sources of such funds, and the manner in which 

8 the amounts of cash prizes awarded and claimed 

9 were allocated among the accounts of the agency 

10 for recording as obligations and expenditures. 

11 ‘‘(D) SOLICITATIONS AND EVALUATION OF

12 SUBMISSIONS.—The methods used for the solici13 tation and evaluation of submissions under each 

14 prize competition, together with an assessment of 

15 the effectiveness of such methods and lessons 

16 learned for future prize competitions. 

17 ‘‘(E) RESOURCES.—A description of the re18 sources, including personnel and funding, used 

19 in the execution of each prize competition to20 gether with a detailed description of the activi21 ties for which such resources were used and an 

22 accounting of how funding for execution was al23 located among the accounts of the agency for re24 cording as obligations and expenditures. 


tjames on DSKG8SOYB1PROD with BILLS
147 

•S 3605 RS 

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

2 prize competition advanced the mission of the 

3 agency concerned.’’. 

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

5 314(a) of the National Aeronautics and Space Act of 1958 

6 (42 U.S.C. 2459f-1 is amended by striking ‘‘The Adminis7 tration may carry out a program to award prizes only in 

8 conformity with this section.’’. 

9 TITLE II—NATIONAL AERO10 NAUTICS AND SPACE ADMIN11 ISTRATION 

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

13 COMPETITIVENESS. 

14 It is the sense of Congress that a renewed emphasis 

15 on technology development would enhance current mission 

16 capabilities and enable future missions, while encouraging 

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

18 NASA’s Innovative Partnership Program is a valuable 

19 mechanism to accelerate technology maturation and encour20 age the transfer of technology into the private sector. 

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

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

23 that NASA is uniquely positioned to interest students in 

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

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


tjames on DSKG8SOYB1PROD with BILLS
148 

•S 3605 RS 

1 (b) EDUCATIONAL PROGRAM GOALS.—NASA shall de2 velop educational programs— 

3 (1) to carry out and support research based pro4 grams and activities designed to increase student in5 terest and participation in STEM; 

6 (2) to improve public literacy in STEM; 

7 (3) that employ proven strategies and methods 

8 for improving student learning and teaching in 

9 STEM; 

10 (4) to provide curriculum support materials and 

11 other resources that— 

12 (A) are designed to be integrated with com13 prehensive STEM education; 

14 (B) are aligned with national science edu15 cation standards; 

16 (C) promote the adoption and implementa17 tion of high-quality education practices that 

18 build toward college and career-readiness; and 

19 (5) to create and support opportunities for en20 hanced and ongoing professional development for 

21 teachers using best practices that improve the STEM 

22 content and knowledge of the teachers, including 

23 through programs linking STEM teachers with 

24 STEM educators at the higher education level. 


tjames on DSKG8SOYB1PROD with BILLS
149 

•S 3605 RS 

1 SEC. 203. INTERNATIONAL SPACE STATION’S CONTRIBU2 TION TO NATIONAL COMPETITIVENESS EN3 HANCEMENT. 

4 (a) SENSE OF CONGRESS.—It is the sense of the Con5 gress that the International Space Station represents a val6 uable and unique national asset which can be utilized to 

7 increase educational opportunities and scientific and tech8 nological innovation which will enhance the Nation’s eco9 nomic security and competitiveness in the global technology 

10 fields of endeavor. If the period for active utilization of the 

11 International Space Station is extended to at least the year 

12 2020, the potential for such opportunities and innovation 

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

14 that potential. 

15 (b) EVALUATION AND ASSESSMENT OF NASA’S INTER16 AGENCY CONTRIBUTION.—Pursuant to the authority pro17 vided in title II of the America COMPETES Act (Public 

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

19 possible, expand efforts to maximize NASA’s contribution 

20 to interagency efforts to enhance science, technology, engi21 neering, and mathematics education capabilities, and to en22 hance the Nation’s technological excellence and global com23 petitiveness. The Administrator shall identify these en24 hancements in the annual reports required by section 

25 2001(e) of that Act (42 U.S.C. 16611a(e)). 


tjames on DSKG8SOYB1PROD with BILLS
150 

•S 3605 RS 

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

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

3 shall provide to the House of Representatives Committee on 

4 Science and Technology and the Senate Committee on Com5 merce, Science, and Transportation a report on the assess6 ment made pursuant to subsection (a). The report shall in7 clude— 

8 (1) a description of current and potential activi9 ties associated with utilization of the International 

10 Space Station which are supportive of the goals of 

11 educational excellence and innovation and competi12 tive enhancement established or reaffirmed by this 

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

14 number of individuals or organizations participating 

15 in or benefiting from such activities, and a summary 

16 of how such activities might be expanded or improved 

17 upon; 

18 (2) a description of government and private 

19 partnerships which are, or may be, established to ef20 fectively utilize the capabilities represented by the 

21 International Space Station to enhance United States 

22 competitiveness, innovation and science, technology, 

23 engineering, and mathematics education; and 

24 (3) a summary of proposed actions or activities 

25 to be undertaken to ensure the maximum utilization 


tjames on DSKG8SOYB1PROD with BILLS
151 

•S 3605 RS 

1 of the International Space Station to contribute to 

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

3 the identification of any additional authority, assets, 

4 or funding that would be required to support such ac5 tivities. 

6 SEC. 204. DEFINITIONS. 

7 In this title: 

8 (1) ADMINISTRATOR.—The term ‘‘Adminis9 trator’’ means the Administrator of NASA. 

10 (2) NASA.—The term ‘‘NASA’’ means the Na11 tional Aeronautics and Space Administration. 

12 TITLE III—NATIONAL OCEANIC 

13 AND ATMOSPHERIC ADMINIS14 TRATION 

15 SEC. 301. OCEANIC AND ATMOSPHERIC RESEARCH AND DE16 VELOPMENT PROGRAM. 

17 Section 4001 of the America COMPETES Act (33 

18 U.S.C. 893) is amended— 

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

20 ‘‘The Administrator’’; and 

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

22 ‘‘(b) OCEANIC AND ATMOSPHERIC RESEARCH AND DE23 VELOPMENT PROGRAM.—The Administrator shall imple24 ment programs and activities— 


tjames on DSKG8SOYB1PROD with BILLS
152 

•S 3605 RS 

1 ‘‘(1) to identify emerging and innovative re2 search and development priorities to enhance United 

3 States competitiveness, support development of new 

4 economic opportunities based on NOAA research, ob5 servations, monitoring modeling, and predictions that 

6 sustain ecosystem services; 

7 ‘‘(2) to promote United States leadership in oce8 anic and atmospheric science and competitiveness in 

9 the applied uses of such knowledge, including for the 

10 development and expansion of economic opportunities; 

11 and 

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

13 atmospheric research and development, including po14 tentially transformational research, in collaboration 

15 with other relevant Federal agencies, academic insti16 tutions, the private sector, and nongovernmental pro17 grams, consistent with NOAA’s mission to under18 stand, observe, and model the Earth’s atmosphere and 

19 biosphere, including the oceans, in an integrated 

20 manner. 

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

22 of enactment of the America COMPETES Reauthorization 

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

24 National Science Foundation or other such agencies with 

25 mature transformational research portfolios, shall develop 


tjames on DSKG8SOYB1PROD with BILLS
153 

•S 3605 RS 

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

2 Science, and Transportation and the House of Representa3 tives Committee on Science and Technology that describes 

4 NOAA’s strategy for enhancing transformational research 

5 in its research and development portfolio to increase United 

6 States competitiveness in oceanic and atmospheric science 

7 and technology. The report shall— 

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

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

10 research and development where transformational re11 search has the potential to make significant and revo12 lutionary advancements in both understanding and 

13 U.S. science leadership; 

14 ‘‘(3) describe how transformational research pri15 orities are identified and appropriately balanced in 

16 the context of NOAA’s broader research portfolio; 

17 ‘‘(4) describe NOAA’s plan for developing a com18 petitive peer review and priority-setting process, 

19 funding mechanisms, performance and evaluation 

20 measures, and transition-to-operation guidelines for 

21 transformational research; and 

22 ‘‘(5) describe partnerships with other agencies 

23 involved in transformational research. 

24 ‘‘(d) PARTNERSHIPS AND AGREEMENTS.— 


tjames on DSKG8SOYB1PROD with BILLS
154 

•S 3605 RS 

1 ‘‘(1) IN GENERAL.—The Administrator may exe2 cute such contracts, leases, grants, cooperative agree3 ments, or other agreements and transactions with any 

4 agency or instrumentality of the United States, any 

5 State, local, tribal, territorial or foreign government, 

6 or with any person, corporation, firm, partnership, 

7 educational institution, nonprofit organization, or 

8 international organization as may be necessary to 

9 carry out this title. 

10 ‘‘(2) SPECIFIC AUTHORITY.—Notwithstanding 

11 any other provision of law, the Administrator may— 

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

13 years for the use of unimproved land to site 

14 small shelter facilities, antennae, and equipment 

15 including weather, tide, tidal currents, river, 

16 and air sampling or measuring equipment; 

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

18 years at no cost to site facilities and equipment 

19 including weather, tide, tidal currents, river, 

20 and air sampling or measuring equipment; 

21 ‘‘(C) acquire (by purchase, lease, or other22 wise), lease, sell, and dispose of or convey serv23 ices, money, securities, or property (whether real, 

24 personal, intellectual, or of any other kind) or an 

25 interest therein; 


tjames on DSKG8SOYB1PROD with BILLS
155 

•S 3605 RS 

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

2 maintain, outgrant, and dispose of real or per3 sonal property, including buildings, facilities, 

4 and land; and 

5 ‘‘(E) waive capital lease scoring require6 ments for any lease of space on commercial an7 tennas to support weather radio equipment, air 

8 sampling, or measuring equipment. 

9 ‘‘(3) CERTAIN LEASED EQUIPMENT.—Notwith10 standing any other provision of law, rule, or regula11 tion, leases of antenna or equipment on towers or 

12 other structures shall be considered operating leases 

13 for the purpose of capital lease scoring. 

14 ‘‘(4) AUTHORITY TO RECEIVE FUNDS.—The Ad15 ministrator may accept, retain, and use funds re16 ceived from any party pursuant to an agreement en17 tered into under this subsection for activities fur18 thering the purposes of this title.’’. 

19 SEC. 302. OCEANIC AND ATMOSPHERIC SCIENCE EDU20 CATION PROGRAMS. 

21 Section 4002 of the America COMPETES Act (33 

22 U.S.C. 893a) is amended— 

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

24 and inserting ‘‘agency, with consideration given to 

25 the goal of promoting the participation of individuals 


tjames on DSKG8SOYB1PROD with BILLS
156 

•S 3605 RS 

1 from underrepresented groups in STEM fields and in 

2 promoting the acquisition and retention of highly 

3 qualified and motivated young scientists to com4 plement and supplement workforce needs.’’; 

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

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

7 (3) by inserting after subsection (a) the fol8 lowing: 

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

10 programs developed by NOAA shall, to the extent applica11 ble— 

12 ‘‘(1) carry out and support research based pro13 grams and activities designed to increase student in14 terest and participation in STEM; 

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

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

17 improving student learning and teaching in STEM; 

18 ‘‘(4) provide curriculum support materials and 

19 other resources that— 

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

21 comprehensive STEM education; 

22 ‘‘(B) are aligned with national science edu23 cation standards; and 


tjames on DSKG8SOYB1PROD with BILLS
157 

•S 3605 RS 

1 ‘‘(C) promote the adoption and implementa2 tion of high-quality education practices that 

3 build toward college and career-readiness; and 

4 ‘‘(5) create and support opportunities for en5 hanced and ongoing professional development for 

6 teachers using best practices that improves the STEM 

7 content and knowledge of the teachers, including 

8 through programs linking STEM teachers with 

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

10 (4) by striking ‘‘develop’’ in subsection (c), as re11 designated, and inserting ‘‘maintain’’; and 

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

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

14 ‘STEM’ means the academic and professional disciplines 

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

16 SEC. 303. WORKFORCE STUDY. 

17 (a) IN GENERAL.—The Secretary of Commerce, in co18 operation with the Secretary of Education, shall request the 

19 National Academy of Sciences to conduct a study on the 

20 scientific workforce in the areas of oceanic and atmospheric 

21 research and development. The study shall investigate— 

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

23 individuals with advanced degrees in oceanic and at24 mospheric sciences who have the ability to conduct 

25 high quality scientific research in physical and chemVerDate Mar 15 2010 00:40 Dec 11, 2010 Jkt 099200 PO 00000 Frm 00157 Fmt 6652 Sfmt 6203 E:\BILLS\S3605.RS S3605

tjames on DSKG8SOYB1PROD with BILLS
158 

•S 3605 RS 

1 ical oceanography, meteorology, and atmospheric 

2 modeling, and related fields, for government, non3 profit, and private sector entities; 

4 (2) what Federal programs are available to help 

5 facilitate the education of students hoping to pursue 

6 these degrees; 

7 (3) barriers to transitioning highly qualified oce8 anic and atmospheric scientists into Federal civil 

9 service scientist career tracks; 

10 (4) what institutions of higher education, the 

11 private sector, and the Congress could do to increase 

12 the number of individuals with such post bacca13 laureate degrees; 

14 (5) the impact of an aging Federal scientist 

15 workforce on the ability of Federal agencies to conduct 

16 high quality scientific research; and 

17 (6) what actions the Federal government can 

18 take to assist the transition of highly qualified sci19 entists into Federal career scientist positions and en20 sure that the experiences of retiring Federal scientists 

21 are adequately documented and transferred prior to 

22 retirement from Federal service. 

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

24 the Secretary of Education shall consult with the heads of 

25 other Federal agencies and departments with oceanic and 


tjames on DSKG8SOYB1PROD with BILLS
159 

•S 3605 RS 

1 atmospheric expertise or authority in preparing the speci2 fications for the study. 

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

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

5 the Secretary of Education shall transmit a joint report to 

6 each committee of Congress with jurisdiction over the pro7 grams described in 4002(b) of the America COMPETES 

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

9 Act, detailing the findings and recommendations of the 

10 study and setting forth a prioritized plan to implement the 

11 recommendations. 

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

13 National Oceanic and Atmospheric Administration shall 

14 evaluate the National Academy of Sciences study and de15 velop a workforce program and plan to institutionalize the 

16 Administration’s Federal science career pathways and ad17 dress aging workforce issues. The program and plan shall 

18 be developed in consultation with the Administration’s co19 operative institutes and other academic partners to identify 

20 and implement programs and mechanisms to ensure that— 

21 (1) sufficient highly qualified scientists are able 

22 to transition into Federal career scientist positions in 

23 the Administration’s laboratories and programs; and 


tjames on DSKG8SOYB1PROD with BILLS
160 

•S 3605 RS 

1 (2) the technical and management experiences of 

2 senior employees are documented and transferred be3 fore leaving Federal service. 

4 TITLE IV—NATIONAL INSTITUTE 

5 OF STANDARDS AND TECH6 NOLOGY 

7 SEC. 401. SHORT TITLE. 

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

9 Standards and Technology Authorization Act of 2010’’. 

10 SEC. 402. AUTHORIZATION OF APPROPRIATIONS. 

11 (a) FISCAL YEAR 2011.— 

12 (1) IN GENERAL.—There are authorized to be ap13 propriated to the Secretary of Commerce 

14 $991,100,000 for the National Institute of Standards 

15 and Technology for fiscal year 2011. 

16 (2) SPECIFIC ALLOCATIONS.—Of the amount au17 thorized by paragraph (1)— 

18 (A) $620,000,000 shall be authorized for sci19 entific and technical research and services lab20 oratory activities; 

21 (B) $125,000,000 shall be authorized for the 

22 construction and maintenance of facilities; and 

23 (C) $246,100,000 shall be authorized for in24 dustrial technology services activities, of which— 


tjames on DSKG8SOYB1PROD with BILLS
161 

•S 3605 RS 

1 (i) $95,000,000 shall be authorized for 

2 the Technology Innovation Program under 

3 section 28 of the National Institute of 

4 Standards and Technology Act (15 U.S.C. 

5 278n); 

6 (ii) $141,100,000 shall be authorized 

7 for the Manufacturing Extension Partner8 ship program under sections 25 and 26 of 

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

10 which not more than $5,000,000 shall be for 

11 the competitive grant program under sec12 tion 25(f) of such Act; and 

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

14 for the Malcolm Baldrige National Quality 

15 Award program under section 17 of the Ste16 venson-Wydler Technology Innovation Act 

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

18 (b) FISCAL YEAR 2012.— 

19 (1) IN GENERAL.—There are authorized to be ap20 propriated to the Secretary of Commerce 

21 $992,400,000 for the National Institute of Standards 

22 and Technology for fiscal year 2012. 

23 (2) SPECIFIC ALLOCATIONS.—Of the amount au24 thorized by paragraph (1)— 


tjames on DSKG8SOYB1PROD with BILLS
162 

•S 3605 RS 

1 (A) $657,200,000 shall be authorized for sci2 entific and technical research and services lab3 oratory activities; 

4 (B) $85,000,000 shall be authorized for the 

5 construction and maintenance of facilities; and 

6 (C) $250,200,000 shall be authorized for in7 dustrial technology services activities, of which— 

8 (i) $89,000,000 shall be authorized for 

9 the Technology Innovation Program under 

10 section 28 of the National Institute of 

11 Standards and Technology Act (15 U.S.C. 

12 278n); 

13 (ii) $150,900,000 shall be authorized 

14 for the Manufacturing Extension Partner15 ship program under sections 25 and 26 of 

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

17 which not more than $5,000,000 shall be for 

18 the competitive grant program under sec19 tion 25(f) of such Act; and 

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

21 for the Malcolm Baldrige National Quality 

22 Award program under section 17 of the Ste23 venson-Wydler Technology Innovation Act 

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

25 (c) FISCAL YEAR 2013.— 


tjames on DSKG8SOYB1PROD with BILLS
163 

•S 3605 RS 

1 (1) IN GENERAL.—There are authorized to be ap2 propriated to the Secretary of Commerce 

3 $1,079,809,000 for the National Institute of Stand4 ards and Technology for fiscal year 2013. 

5 (2) SPECIFIC ALLOCATIONS.—Of the amount au6 thorized by paragraph (1)— 

7 (A) $696,700,000 shall be authorized for sci8 entific and technical research and services lab9 oratory activities; 

10 (B) $122,000,000 shall be authorized for the 

11 construction and maintenance of facilities; and 

12 (C) $261,109,000 shall be authorized for in13 dustrial technology services activities, of which— 

14 (i) $89,000,000 shall be authorized for 

15 the Technology Innovation Program under 

16 section 28 of the National Institute of 

17 Standards and Technology Act (15 U.S.C. 

18 278n); 

19 (ii) $161,500,000 shall be authorized 

20 for the Manufacturing Extension Partner21 ship program under sections 25 and 26 of 

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

23 which not more than $5,000,000 shall be for 

24 the competitive grant program under sec25 tion 25(f) of such Act; and 


tjames on DSKG8SOYB1PROD with BILLS
164 

•S 3605 RS 

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

2 for the Malcolm Baldrige National Quality 

3 Award program under section 17 of the Ste4 venson-Wydler Technology Innovation Act 

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

6 SEC. 403. UNDER SECRETARY OF COMMERCE FOR STAND7 ARDS AND TECHNOLOGY. 

8 (a) ESTABLISHMENT.—The National Institute of 

9 Standards and Technology Act is amended by inserting 

10 after section 3 the following: 

11 ‘‘SEC. 4. UNDER SECRETARY OF COMMERCE FOR STAND12 ARDS AND TECHNOLOGY. 

13 ‘‘(a) ESTABLISHMENT.—There shall be in the Depart14 ment of Commerce an Under Secretary of Commerce for 

15 Standards and Technology (in this section referred to as 

16 the ‘Under Secretary’). 

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

18 appointed by the President by and with the advice and con19 sent of the Senate. 

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

21 compensated at the rate in effect for level III of the Execu22 tive Schedule under section 5314 of title 5, United States 

23 Code. 

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

25 Director of the Institute and shall perform such duties as 


tjames on DSKG8SOYB1PROD with BILLS
165 

•S 3605 RS 

1 required of the Director by the Secretary under this Act 

2 or by law. 

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

4 Director of the Institute on the date of enactment of the 

5 National Institute of Standards and Technology Authoriza6 tion Act of 2010 shall also serve as the Under Secretary 

7 until such time as a successor is appointed under subsection 

8 (b).’’. 

9 (b) CONFORMING AMENDMENTS.— 

10 (1) TITLE 5, UNITED STATES CODE.— 

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

12 United States Code, is amended by inserting be13 fore the item ‘‘Associate Attorney General’’ the 

14 following: 

15 ‘‘Under Secretary of Commerce for Standards 

16 and Technology, who also serves as Director of the 

17 National Institute of Standards and Technology.’’. 

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

19 United States Code, is amended by striking ‘‘Di20 rector, National Institute of Standards and 

21 Technology, Department of Commerce.’’. 

22 (2) NATIONAL INSTITUTE OF STANDARDS AND

23 TECHNOLOGY ACT.—Section 5 of the National Insti24 tute of Standards and Technology Act (15 U.S.C. 


tjames on DSKG8SOYB1PROD with BILLS
166 

•S 3605 RS 

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

2 sentences. 

3 SEC. 404. MANUFACTURING EXTENSION PARTNERSHIP. 

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

5 the National Institute of Standards and Technology Act (15 

6 U.S.C. 278k(a)) is amended— 

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

8 paragraph (4); 

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

10 and inserting ‘‘Institute; and’’; and 

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

12 ‘‘(6) providing to community colleges informa13 tion about the job skills needed in small- and me14 dium-sized manufacturing businesses in the regions 

15 they serve.’’. 

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

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

18 end the following: 

19 ‘‘(g) INNOVATIVE SERVICES INITIATIVE.— 

20 ‘‘(1) ESTABLISHMENT.—The Director shall estab21 lish, within the Centers program under this section, 

22 an innovative services initiative to assist small- and 

23 medium-sized manufacturers in— 


tjames on DSKG8SOYB1PROD with BILLS
167 

•S 3605 RS 

1 ‘‘(A) reducing their energy usage, green2 house gas emissions, and environmental waste to 

3 improve profitability; 

4 ‘‘(B) accelerating the domestic commer5 cialization of new product technologies, includ6 ing components for renewable energy and energy 

7 efficiency systems; and 

8 ‘‘(C) identification of and diversification to 

9 new markets, including support for transitioning 

10 to the production of components for renewable 

11 energy and energy efficiency systems. 

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

13 undertake any activity to accelerate the domestic com14 mercialization of a new product technology under this 

15 subsection unless an analysis of market demand for 

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

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

18 278k), as amended by subsection (b), is further amended 

19 by adding at the end the following: 

20 ‘‘(h) REPORTS.— 

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

22 programmatic planning document and annual up23 dates under section 23, the Director shall include an 

24 assessment of the Director’s governance of the pro25 gram established under this section. 


tjames on DSKG8SOYB1PROD with BILLS
168 

•S 3605 RS 

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

2 the Director shall use the criteria established pursu3 ant to the Malcolm Baldrige National Quality Award 

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

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

6 3711a(d)(1)(C)).’’. 

7 (d) HOLLINGS MANUFACTURING EXTENSION PART8 NERSHIP PROGRAM COST-SHARING.—Section 25(c) of such 

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

10 the following: 

11 ‘‘(7) Not later than 90 days after the date of en12 actment of the National Institute of Standards and 

13 Technology Authorization Act of 2010, the Comp14 troller General shall submit to Congress a report on 

15 the cost share requirements under the program. The 

16 report shall— 

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

18 including the cost share structure in place prior 

19 to such date of enactment, and the effect of such 

20 cost share structures on individual Centers and 

21 the overall program; and 

22 ‘‘(B) include recommendations for how best 

23 to structure the cost share requirement to provide 

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


tjames on DSKG8SOYB1PROD with BILLS
169 

•S 3605 RS 

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

2 the report transmitted to Congress under paragraph 

3 (7), the Secretary shall alter the cost structure re4 quirements specified under paragraph (3)(B) and (5) 

5 provided that the modification does not increase the 

6 cost share structure in place before the date of enact7 ment of the America COMPETES Reauthorization 

8 Act of 2010, or allow the Secretary to provide a Cen9 ter more than 50 percent of the costs incurred by that 

10 Center.’’. 

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

12 (15 U.S.C. 278k(e)(4)) is amended to read as follows: 

13 ‘‘(4) FEDERAL ADVISORY COMMITTEE ACT APPLI14 CABILITY.— 

15 ‘‘(A) IN GENERAL.—In discharging its du16 ties under this subsection, the MEP Advisory 

17 Board shall function solely in an advisory ca18 pacity, in accordance with the Federal Advisory 

19 Committee Act. 

20 ‘‘(B) EXCEPTION.—Section 14 of the Fed21 eral Advisory Committee Act shall not apply to 

22 the MEP Advisory Board.’. 

23 (f) DESIGNATION OF PROGRAM.— 

24 (1) IN GENERAL.—Section 25 of the National In25 stitute of Standards and Technology Act (15 U.S.C. 


tjames on DSKG8SOYB1PROD with BILLS
170 

•S 3605 RS 

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

2 amended by adding at the end the following: 

3 ‘‘(i) DESIGNATION.— 

4 ‘‘(1) HOLLINGS MANUFACTURING EXTENSION

5 PARTNERSHIP.—The program under this section shall 

6 be known as the ‘Hollings Manufacturing Extension 

7 Partnership’. 

8 ‘‘(2) HOLLINGS MANUFACTURING EXTENSION

9 CENTERS.—The Regional Centers for the Transfer of 

10 Manufacturing Technology created and supported 

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

12 Manufacturing Extension Centers’ (in this Act re13 ferred to as the ‘Centers’).’’. 

14 (2) CONFORMING AMENDMENT TO CONSOLIDATED

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

16 the Consolidated Appropriations Act, 2005 (Public 

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

18 is amended under the heading ‘‘INDUSTRIAL TECH19 NOLOGY SERVICES’’ by striking ‘‘2007: Provided fur20 ther, That’’ and all that follows through ‘‘Extension 

21 Centers.’’ and inserting ‘‘2007.’’. 

22 (3) TECHNICAL AMENDMENTS.— 

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

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

25 278k(a)) is amended in the matter preceding 


tjames on DSKG8SOYB1PROD with BILLS
171 

•S 3605 RS 

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

2 the Transfer of Manufacturing Technology’’ and 

3 inserting ‘‘regional centers for the transfer of 

4 manufacturing technology’’. 

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

6 278k), as amended by subsection (f), is further 

7 amended by adding at the end the following: 

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

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

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

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

12 highest degree that is predominately awarded to students 

13 is an associate’s degree.’’. 

14 (h) EVALUATION OF OBSTACLES UNIQUE TO SMALL

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

16 278k), as amended by subsection (g), is further amended 

17 by adding at the end the following: 

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

19 MANUFACTURERS.—The Director shall— 

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

21 manufacturers that prevent such manufacturers from 

22 effectively competing in the global market; 

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

24 the Centers to address such obstacles; and 


tjames on DSKG8SOYB1PROD with BILLS
172 

•S 3605 RS 

1 ‘‘(3) facilitate improved communication between 

2 the Centers to assist such manufacturers in imple3 menting appropriate, targeted solutions to such obsta4 cles.’’. 

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

6 National Institute of Standards and Technology Act (15 

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

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

9 MEP program,’’. 

10 SEC. 405. EMERGENCY COMMUNICATION AND TRACKING 

11 TECHNOLOGIES RESEARCH INITIATIVE. 

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

13 research initiative to support the development of emergency 

14 communication and tracking technologies for use in locat15 ing trapped individuals in confined spaces, such as under16 ground mines, and other shielded environments, such as 

17 high-rise buildings or collapsed structures, where conven18 tional radio communication is limited. 

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

20 Director shall work with the private sector and appropriate 

21 Federal agencies to— 

22 (1) perform a needs assessment to identify and 

23 evaluate the measurement, technical standards, and 

24 conformity assessment needs required to improve the 


tjames on DSKG8SOYB1PROD with BILLS
173 

•S 3605 RS 

1 operation and reliability of such emergency commu2 nication and tracking technologies; 

3 (2) support the development of technical stand4 ards and conformance architecture to improve the op5 eration and reliability of such emergency communica6 tion and tracking technologies; and 

7 (3) incorporate and build upon existing reports 

8 and studies on improving emergency communications. 

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

10 of enactment of this Act, the Director shall submit to Con11 gress and make publicly available a report describing the 

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

13 recommendations about research priorities to address gaps 

14 in the measurement, technical standards, and conformity 

15 assessment needs identified by the assessment. 

16 SEC. 406. BROADENING PARTICIPATION. 

17 (a) RESEARCH FELLOWSHIPS.—Section 18 of the Na18 tional Institute of Standards and Technology Act (15 

19 U.S.C. 278g–1) is amended by adding at the end the fol20 lowing: 

21 ‘‘(c) UNDERREPRESENTED MINORITIES.—In evalu22 ating applications for fellowships under this section, the Di23 rector shall give consideration to the goal of promoting the 

24 participation of underrepresented minorities in research 

25 areas supported by the Institute.’’. 


tjames on DSKG8SOYB1PROD with BILLS
174 

•S 3605 RS 

1 (b) POSTDOCTORAL FELLOWSHIP PROGRAM.—Section 

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

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

4 fellowships under this section, the Director shall give consid5 eration to the goal of promoting the participation of under6 represented minorities in research areas supported by the 

7 Institute.’’. 

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

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

10 end the following: ‘‘The Director shall give special consider11 ation to an application from a teacher from a high-need 

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

13 Act of 1965 (20 U.S.C. 1021).’’. 

14 SEC. 407. NIST FELLOWSHIPS. 

15 (a) POST-DOCTORAL FELLOWSHIP PROGRAM.—Sec16 tion 19 of the National Institute of Standards and Tech17 nology Act (15 U.S.C. 278g-2) is amended by striking ‘‘, 

18 in conjunction with the National Academy of Sciences,’’. 

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

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

21 percent of the’’. 

22 (c) COMMERCE, SCIENCE, AND TECHNOLOGY FELLOW23 SHIP PROGRAM.—Section 5163(d) of the Omnibus Trade 

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


tjames on DSKG8SOYB1PROD with BILLS
175 

•S 3605 RS 

1 SEC. 408. GREEN MANUFACTURING AND CONSTRUCTION. 

2 The Director shall carry out a green manufacturing 

3 and construction initiative— 

4 (1) to develop accurate sustainability metrics 

5 and practices for use in manufacturing; 

6 (2) to advance the development of standards, in7 cluding high performance green building standards, 

8 and the creation of an information infrastructure to 

9 communicate sustainability information about sup10 pliers; and 

11 (3) to move buildings toward becoming high per12 formance green buildings, including improving energy 

13 performance, service life, and indoor air quality of 

14 new and retrofitted buildings through validated meas15 urement data. 

16 SEC. 409. DEFINITIONS. 

17 In this title: 

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

19 Director of the National Institute of Standards and 

20 Technology. 

21 (2) FEDERAL AGENCY.—The term ‘‘Federal agen22 cy’’ has the meaning given such term in section 4 of 

23 the Stevenson-Wydler Technology Innovation Act of 

24 1980 (15 U.S.C. 3703). 

25 (3) HIGH PERFORMANCE GREEN BUILDING.—The 

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


tjames on DSKG8SOYB1PROD with BILLS
176 

•S 3605 RS 

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

2 Energy Independence and Security Act of 2009 (42 

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

4 TITLE V—SCIENCE, TECH5 NOLOGY, ENGINEERING, AND 

6 MATHEMATICS SUPPORT PRO7 GRAMS 

8 SUBTITLE A—NATIONAL 

9 SCIENCE FOUNDATION 

10 SEC. 501. SHORT TITLE. 

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

12 Foundation Authorization Act of 2010’’. 

13 SEC. 502. DEFINITIONS. 

14 In this subtitle: 

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

16 Director of the National Science Foundation. 

17 (2) EPSCOR.—The term ‘‘EPSCoR’’ means the 

18 Experimental Program to Stimulate Competititve Re19 search. 

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

21 means the National Science Foundation established 

22 under section 2 of the National Science Foundation 

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

24 (4) INSTITUTION OF HIGHER EDUCATION.—The 

25 term ‘‘institution of higher education’’ has the meanVerDate Mar 15 2010 00:40 Dec 11, 2010 Jkt 099200 PO 00000 Frm 00176 Fmt 6652 Sfmt 6203 E:\BILLS\S3605.RS S3605

tjames on DSKG8SOYB1PROD with BILLS
177 

•S 3605 RS 

1 ing given such term in section 101(a) of the Higher 

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

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

4 several States, the District of Columbia, the Common5 wealth of Puerto Rico, the Virgin Islands, Guam, 

6 American Samoa, the Commonwealth of the Northern 

7 Mariana Islands, or any other territory or possession 

8 of the United States. 

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

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

11 Commonwealth of Puerto Rico, the Virgin Islands, 

12 Guam, American Samoa, the Commonwealth of the 

13 Northern Mariana Islands, and any other territory or 

14 possession of the United States. 

15 SEC. 503. AUTHORIZATION OF APPROPRIATIONS. 

16 (a) FISCAL YEAR 2011.— 

17 (1) IN GENERAL.—There are authorized to be ap18 propriated to the Foundation $7,481,000,000 for fis19 cal year 2011. 

20 (2) SPECIFIC ALLOCATIONS.—Of the amount au21 thorized by paragraph (1)— 

22 (A) $6,020,000,000 shall be made available 

23 to carry research and related activities; 

24 (B) $945,000,000 shall be made available 

25 for education and human resources; 


tjames on DSKG8SOYB1PROD with BILLS
178 

•S 3605 RS 

1 (C) $166,000,000 shall be made available 

2 for major research equipment and facilities con3 struction; 

4 (D) $330,000,000 shall be made available 

5 for agency operations and award management; 

6 (E) $4,840,000 shall be made available for 

7 the Office of the National Science Board; and 

8 (F) $14,830,000 shall be made available for 

9 the Office of Inspector General. 

10 (b) FISCAL YEAR 2012.— 

11 (1) IN GENERAL.—There are authorized to be ap12 propriated to the Foundation $8,127,000,000 for fis13 cal year 2012. 

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

16 (A) $6,496,000,000 shall be made available 

17 to carry research and related activities; 

18 (B) $1,020,000,000 shall be made available 

19 for education and human resources; 

20 (C) $235,000,000 shall be made available 

21 for major research equipment and facilities con22 struction; 

23 (D) $356,000,000 shall be made available 

24 for agency operations and award management; 


tjames on DSKG8SOYB1PROD with BILLS
179 

•S 3605 RS 

1 (E) $5,010,000 shall be made available for 

2 the Office of the National Science Board; and 

3 (F) $15,350,000 shall be made available for 

4 the Office of Inspector General. 

5 (c) FISCAL YEAR 2013.— 

6 (1) IN GENERAL.—There are authorized to be ap7 propriated to the Foundation $8,764,000,000 for fis8 cal year 2013. 

9 (2) SPECIFIC ALLOCATIONS.—Of the amount au10 thorized by paragraph (1)— 

11 (A) $7,009,000,000 shall be made available 

12 to carry research and related activities; 

13 (B) $1,100,000,000 shall be made available 

14 for education and human resources; 

15 (C) $250,000,000 shall be made available 

16 for major research equipment and facilities con17 struction; 

18 (D) $384,000,000 shall be made available 

19 for agency operations and award management; 

20 (E) $5,180,000 shall be made available for 

21 the Office of the National Science Board; and 

22 (F) $15,890,000 shall be made available for 

23 the Office of Inspector General. 


tjames on DSKG8SOYB1PROD with BILLS
180 

•S 3605 RS 

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 more 

6 than 5’’. 

7 (b) NATIONAL SCIENCE BOARD REPORTS.—Section 

8 4(j)(2) of the National Science Foundation Act of 1950 (42 

9 U.S.C. 1863(j)(2)) is amended by inserting ‘‘within the au10 thority of the Foundation (or otherwise as requested by the 

11 Congress or the President)’’ after ‘‘individual policy mat12 ters’’. 

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

14 15(a)(2) of the National Science Foundation Authorization 

15 Act of 2002 (42 U.S.C. 1862n-5(a)(2)) is amended— 

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

17 ensure transparency of the Board’s entire decision18 making process, including deliberations on Board 

19 business occurring within its various subdivisions, the 

20 Board’’; and 

21 (2) by adding at the end the following: ‘‘The pre22 ceding requirement will apply to meetings of the full 

23 Board, whenever a quorum is present; and to meet24 ings of its subdivisions, whenever a quorum of the 

25 subdivision is present.’’. 


tjames on DSKG8SOYB1PROD with BILLS
181 

•S 3605 RS 

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

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

4 Foundation a National Center for Science and Engineering 

5 Statistics that shall serve as a central Federal clearinghouse 

6 for the collection, interpretation, analysis, and dissemina7 tion of objective data on science, engineering, technology, 

8 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 dissemi12 nate statistical data related to the science and engi13 neering enterprise in the United States and other na14 tions that is relevant and useful to practitioners, re15 searchers, policymakers, and the public, including 

16 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 of 

26 the Center; and 


tjames on DSKG8SOYB1PROD with BILLS
182 

•S 3605 RS 

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 issue 

6 regular, and as necessary, special statistical reports on top7 ics related to the national and international science and 

8 engineering enterprise such as the biennial report required 

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

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

11 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 shall 

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

16 grants to institutions of higher education to support funda17 mental research leading to transformative advances in 

18 manufacturing technologies, processes, and enterprises that 

19 will support United States manufacturing through im20 proved performance, productivity, sustainability, and com21 petitiveness. Research areas may include— 

22 (1) nanomanufacturing; 

23 (2) manufacturing and construction machines 

24 and equipment, including robotics, automation, and 

25 other intelligent systems; 


tjames on DSKG8SOYB1PROD with BILLS
183 

•S 3605 RS 

1 (3) manufacturing enterprise systems; 

2 (4) advanced sensing and control techniques; 

3 (5) materials processing; and 

4 (6) information technologies for manufacturing, 

5 including predictive and real-time models and sim6 ulations, and virtual manufacturing. 

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

8 ensure a well-trained manufacturing workforce, the Direc9 tor shall award grants to strengthen and expand scientific 

10 and technical education and training in advanced manu11 facturing, including through the Foundation’s Advanced 

12 Technological Education program. 

13 SEC. 507. NATIONAL SCIENCE BOARD REPORT ON MID14 SCALE INSTRUMENTATION. 

15 (a) MID-SCALE RESEARCH INSTRUMENTATION

16 NEEDS.—The National Science Board shall evaluate the 

17 needs, across all disciplines supported by the Foundation, 

18 for mid-scale research instrumentation that falls between 

19 the instruments funded by the Major Research Instrumenta20 tion program and the very large projects funded by the 

21 Major Research Equipment and Facilities Construction 

22 program. 

23 (b) REPORT ON MID-SCALE RESEARCH INSTRUMENTA24 TION PROGRAM.—Not later than 1 year after the date of 

25 enactment of this Act, the National Science Board shall subVerDate Mar 15 2010 00:40 Dec 11, 2010 Jkt 099200 PO 00000 Frm 00183 Fmt 6652 Sfmt 6203 E:\BILLS\S3605.RS S3605

tjames on DSKG8SOYB1PROD with BILLS
184 

•S 3605 RS 

1 mit to Congress a report on mid-scale research instrumenta2 tion at the Foundation. At a minimum, this report shall 

3 include— 

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

5 instrumentation needs required under subsection (a), 

6 including a description of differences across dis7 ciplines and Foundation research directorates; 

8 (2) a recommendation or recommendations re9 garding how the Foundation should set priorities for 

10 mid-scale instrumentation across disciplines and 

11 Foundation research directorates; 

12 (3) a recommendation or recommendations re13 garding the appropriateness of expanding existing 

14 programs, including the Major Research Instrumenta15 tion program or the Major Research Equipment and 

16 Facilities Construction program, to support more in17 strumentation at the mid-scale; 

18 (4) a recommendation or recommendations re19 garding the need for and appropriateness of a new, 

20 Foundation-wide program or initiative in support of 

21 mid-scale instrumentation, including any rec22 ommendations regarding the administration of and 

23 budget for such a program or initiative and the ap24 propriate scope of instruments to be funded under 

25 such a program or initiative; and 


tjames on DSKG8SOYB1PROD with BILLS
185 

•S 3605 RS 

1 (5) any recommendation or recommendations re2 garding other options for supporting mid-scale re3 search instrumentation at the Foundation. 

4 SEC. 508. PARTNERSHIPS FOR INNOVATION. 

5 (a) IN GENERAL.—The Director shall carry out a pro6 gram to award merit-reviewed, competitive grants to insti7 tutions of higher education to establish and to expand part8 nerships that promote innovation and increase the impact 

9 of research by developing tools and resources to connect new 

10 scientific discoveries to practical uses. 

11 (b) PARTNERSHIPS.— 

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

13 under this section, an institution of higher education 

14 must propose establishment of a partnership that— 

15 (A) includes at least one private sector enti16 ty; and 

17 (B) may include other institutions of higher 

18 education, public sector institutions, private sec19 tor entities, and nonprofit organizations. 

20 (2) PRIORITY.—In selecting grant recipients 

21 under this section, the Director shall give priority to 

22 partnerships that include one or more institutions of 

23 higher education and at least one of the following: 

24 (A) A minority serving institution. 

25 (B) A primarily undergraduate institution. 


tjames on DSKG8SOYB1PROD with BILLS
186 

•S 3605 RS 

1 (C) A 2-year institution of higher edu2 cation. 

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

4 shall seek— 

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

6 research at the institution or institutions of higher 

7 education that are members of the partnership 

8 through knowledge transfer or commercialization; 

9 (2) to increase the engagement of faculty and 

10 students across multiple disciplines and departments, 

11 including faculty and students in schools of business 

12 and other appropriate non-STEM fields and dis13 ciplines in knowledge transfer activities; 

14 (3) to enhance education and mentoring of stu15 dents and faculty in innovation and entrepreneurship 

16 through networks, courses, and development of best 

17 practices and curricula; 

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

19 institutions of higher education to undertake and par20 ticipate in activities related to innovation and lead21 ing to economic or social impact; 

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

23 institutions of higher education in activities to meet 

24 STEM workforce needs and promote innovation and 

25 knowledge transfer; and 


tjames on DSKG8SOYB1PROD with BILLS
187 

•S 3605 RS 

1 (6) to build lasting partnerships with local and 

2 regional businesses, local and State governments, and 

3 other relevant entities. 

4 (d) ADDITIONAL CRITERIA.—In selecting grant recipi5 ents under this section, the Director shall also consider the 

6 extent to which the applicants are able to demonstrate evi7 dence of institutional support for, and commitment to— 

8 (1) achieving the goals of the program as de9 scribed in subsection (c); 

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

11 the initial proposal is not for an institution-wide 

12 program; and 

13 (3) sustaining any new innovation tools and re14 sources generated from funding under this program. 

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

16 may be used to construct or renovate a building or struc17 ture. 

18 SEC. 509. SUSTAINABLE CHEMISTRY BASIC RESEARCH. 

19 The Director shall establish a Green Chemistry Basic 

20 Research program to award competitive, merit-based grants 

21 to support research into green and sustainable chemistry 

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

23 to traditional chemical products and practices. The research 

24 program shall provide sustained support for green chem25 istry research, education, and technology transfer through— 


tjames on DSKG8SOYB1PROD with BILLS
188 

•S 3605 RS 

1 (1) merit-reviewed competitive grants to indi2 vidual investigators and teams of investigators, in3 cluding, to the extent practicable, young investigators, 

4 for research; 

5 (2) grants to fund collaborative research partner6 ships among universities, industry, and nonprofit or7 ganizations; 

8 (3) symposia, forums, and conferences to increase 

9 outreach, collaboration, and dissemination of green 

10 chemistry advances and practices; and 

11 (4) education, training, and retraining of under12 graduate and graduate students and professional 

13 chemists and chemical engineers, including through 

14 partnerships with industry, in green chemistry 

15 science and engineering. 

16 SEC. 510. GRADUATE STUDENT SUPPORT. 

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

18 (1) the Integrative Graduate Education and Re19 search Traineeship program is an important program 

20 for training the next generation of scientists and engi21 neers in team-based interdisciplinary research and 

22 problem solving, and for providing them with the 

23 many additional skills, such as communication skills, 

24 needed to thrive in diverse STEM careers; and 


tjames on DSKG8SOYB1PROD with BILLS
189 

•S 3605 RS 

1 (2) the Integrative Graduate Education and Re2 search Traineeship program is no less valuable to the 

3 preparation and support of graduate students than 

4 the Foundation’s Graduate Research Fellowship pro5 gram. 

6 (b) EQUAL TREATMENT OF IGERT AND GRF.—Be7 ginning in fiscal year 2011, the Director shall increase or, 

8 if necessary, decrease funding for the Foundation’s Integra9 tive Graduate Education and Research Traineeship pro10 gram (or any program by which it is replaced) at least 

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

12 the Graduate Research Fellowship program. 

13 (c) SUPPORT FOR GRADUATE STUDENT RESEARCH

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

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

16 Foundation funds allocated to the Integrative Graduate 

17 Education and Research Traineeship program and the 

18 Graduate Research Fellowship program shall come from 

19 funds appropriated for Research and Related Activities. 

20 (d) COST OF EDUCATION ALLOWANCE FOR GRF PRO21 GRAM.—Section 10 of the National Science Foundation Act 

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

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

24 ‘‘The Foundation is authorized’’; and 

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


tjames on DSKG8SOYB1PROD with BILLS
190 

•S 3605 RS 

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

2 year the amount to be awarded for scholarships and fellow3 ships under this section for that year. Each such scholarship 

4 and fellowship shall include a cost of education allowance 

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

6 education allowance as determined by the Director.’’. 

7 SEC. 511. ROBERT NOYCE TEACHER SCHOLARSHIP PRO8 GRAM. 

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

10 the National Science Foundation Authorization Act of 2002 

11 (42 U.S.C. 1862n-1a(h)(1)) is amended to read as follows: 

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

13 grant under this section shall provide, from non-Fed14 eral sources, to carry out the activities supported by 

15 the grant— 

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

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

18 30 percent of the amount of the grant, at least 

19 one half of which shall be in cash; and 

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

21 $1,500,000 or more, an amount equal to at least 

22 50 percent of the amount of the grant, at least 

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

24 (b) RETIRING STEM PROFESSIONALS.—Section 

25 10A(a)(2)(A) of the National Science Foundation AuthorVerDate Mar 15 2010 00:40 Dec 11, 2010 Jkt 099200 PO 00000 Frm 00190 Fmt 6652 Sfmt 6203 E:\BILLS\S3605.RS S3605

tjames on DSKG8SOYB1PROD with BILLS
191 

•S 3605 RS 

1 ization Act of 2002 (42 U.S.C. 1862n-1a(a)(2)(A)) is 

2 amended by inserting ‘‘including retiring professionals in 

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

4 SEC. 512 UNDERGRADUATE BROADENING PARTICIPATION 

5 PROGRAM. 

6 The Foundation shall continue to support the Histori7 cally Black Colleges and Universities Undergraduate Pro8 gram, the Louis Stokes Alliances for Minority Participation 

9 program, the Tribal Colleges and Universities Program, 

10 and Hispanic-serving institutions as separate programs. 

11 SEC. 513. RESEARCH EXPERIENCES FOR HIGH SCHOOL STU12 DENTS. 

13 The Director shall permit specialized STEM high 

14 schools conducting research to participate in major data 

15 collection initiatives from universities, corporations, or gov16 ernment labs under a research grant from the Foundation, 

17 as part of the research proposal. 

18 SEC. 514. RESEARCH EXPERIENCES FOR UNDERGRADU19 ATES. 

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

21 grants, on a merit-reviewed, competitive basis, to institu22 tions of higher education, nonprofit organizations, or con23 sortia of such institutions and organizations, for sites des24 ignated by the Director to provide research experiences for 

25 6 or more undergraduate STEM students for sites desVerDate Mar 15 2010 00:40 Dec 11, 2010 Jkt 099200 PO 00000 Frm 00191 Fmt 6652 Sfmt 6203 E:\BILLS\S3605.RS S3605

tjames on DSKG8SOYB1PROD with BILLS
192 

•S 3605 RS 

1 ignated at primarily undergraduate institutions of higher 

2 education and 10 or more undergraduate STEM students 

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

4 promoting the participation of individuals identified in 

5 section 33 or 34 of the Science and Engineering Equal Op6 portunities Act (42 U.S.C. 1885a or 1885b). The Director 

7 shall ensure that— 

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

9 a program funded by a grant under this subsection 

10 at each site shall be recruited from institutions of 

11 higher education where research opportunities in 

12 STEM are limited, including 2-year institutions; 

13 (2) the awards provide undergraduate research 

14 experiences in a wide range of STEM disciplines; 

15 (3) the awards support a variety of projects, in16 cluding independent investigator-led projects, inter17 disciplinary projects, and multi-institutional projects 

18 (including virtual projects); 

19 (4) students participating in each program fund20 ed have mentors, including during the academic year 

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

22 research experiences to the overall academic course of 

23 study and to help students achieve success in courses 

24 of study leading to a baccalaureate degree in a STEM 

25 field; 


tjames on DSKG8SOYB1PROD with BILLS
193 

•S 3605 RS 

1 (5) mentors and students are supported with ap2 propriate salary or stipends; and 

3 (6) student participants are tracked, for employ4 ment and continued matriculation in STEM fields, 

5 through receipt of the undergraduate degree and for at 

6 least 3 years thereafter. 

7 (b) INCLUSION OF UNDERGRADUATES IN STANDARD

8 RESEARCH GRANTS.—The Director shall require that every 

9 recipient of a research grant from the Foundation pro10 posing to include 1 or more students enrolled in certificate, 

11 associate, or baccalaureate degree programs in carrying out 

12 the research under the grant shall request support, includ13 ing stipend support, for such undergraduate students as 

14 part of the research proposal itself rather than as a supple15 ment to the research proposal, unless such undergraduate 

16 participation was not foreseeable at the time of the original 

17 proposal. 

18 SEC. 515. STEM INDUSTRY INTERNSHIP PROGRAMS. 

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

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

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

22 partnerships with local or regional private sector entities, 

23 for the purpose of providing undergraduate students with 

24 integrated internship experiences that connect private sector 

25 internship experiences with the students’ STEM 


tjames on DSKG8SOYB1PROD with BILLS
194 

•S 3605 RS 

1 coursework. The partnerships may also include industry or 

2 professional associations. 

3 (b) INTERNSHIP PROGRAM.— The grants awarded 

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

5 manufacturing sector. 

6 (c) USE OF GRANT FUNDS.—Grants under this section 

7 may be used— 

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

9 opportunities; 

10 (2) to develop curricula and instructional mate11 rials related to industry, including the manufacturing 

12 sector; 

13 (3) to perform outreach to secondary schools; 

14 (4) to develop mentorship programs for students 

15 with partner organizations; and 

16 (5) to conduct activities to support awareness of 

17 career opportunities and skill requirements. 

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

19 the Director shall give priority to institutions of higher edu20 cation or consortia thereof that demonstrate significant out21 reach to and coordination with local or regional private 

22 sector entities and Regional Centers for the Transfer of 

23 Manufacturing Technology established by section 25(a) of 

24 the National Institute of Standards and Technology Act (15 

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


tjames on DSKG8SOYB1PROD with BILLS
195 

•S 3605 RS 

1 provide students with the skills or certifications necessary 

2 for employment in local or regional companies. 

3 (c) OUTREACH TO RURAL COMMUNITIES.—The Foun4 dation shall conduct outreach to institutions of higher edu5 cation and private sector entities in rural areas to encour6 age those entities to participate in partnerships under this 

7 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 com14 pensation to students for private sector internships 

15 unless private sector entities match 75 percent of such 

16 funding; or 

17 (2) as payment or reimbursement to private sec18 tor entities, except for institutions of higher edu19 cation. 

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

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

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

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

24 awards, any evidence of the effect of those awards on work25 force preparation and jobs placement for participating stuVerDate Mar 15 2010 00:40 Dec 11, 2010 Jkt 099200 PO 00000 Frm 00195 Fmt 6652 Sfmt 6203 E:\BILLS\S3605.RS S3605

tjames on DSKG8SOYB1PROD with BILLS
196 

•S 3605 RS 

1 dents, and an economic and ethnic breakdown of the par2 ticipating students. 

3 SEC. 516. CYBER-ENABLED LEARNING FOR NATIONAL CHAL4 LENGES. 

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 address 

9 national challenges, including national security and com10 petitiveness, and use technology to enhance or supplement 

11 laboratory based learning. 

12 SEC. 517. EXPERIMENTAL PROGRAM TO STIMULATE COM13 PETITIVE RESEARCH. 

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

15 (1) The National Science Foundation Act of 

16 1950 stated, ‘‘it shall be an objective of the Founda17 tion to strengthen research and education in the 

18 sciences and engineering, including independent re19 search by individuals, throughout the United States, 

20 and to avoid undue concentration of such research 

21 and education,’’; 

22 (2) National Science Foundation funding re23 mains highly concentrated, with 27 States and 2 ju24 risdictions, taken together, receiving only about 10 

25 percent of all NSF research funding; each of these 


tjames on DSKG8SOYB1PROD with BILLS
197 

•S 3605 RS 

1 States received only a fraction of one percent of Foun2 dation’s research dollars each year; 

3 (3) the Nation requires the talent, expertise, and 

4 research capabilities of all States in order to prepare 

5 sufficient numbers of scientists and engineers, remain 

6 globally competitive and support economic develop7 ment. 

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

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

10 the eligible States to develop the research infrastructure that 

11 will make them more competitive for Foundation and other 

12 Federal research funding. The program shall continue to 

13 increase as the National Science Foundation funding in14 creases. 

15 (c) CONGRESSIONAL REPORTS.—The Director shall re16 port to the appropriate committees of Congress on an an17 nual basis, using the most recent available data— 

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

19 under EPSCoR; 

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

21 EPSCoR States; 

22 (3) the total amount of National Science Foun23 dation funding made available to all institutions and 

24 entities within EPSCoR States; and 


tjames on DSKG8SOYB1PROD with BILLS
198 

•S 3605 RS 

1 (4) efforts and accomplishments to more fully in2 tegrate the 29 EPSCoR jurisdictions in major activi3 ties and initiatives of the Foundation. 

4 (d) COORDINATION OF EPSCOR AND SIMILAR FED5 ERAL PROGRAMS.— 

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

7 a number of Federal agencies have programs, such as 

8 Experimental Programs to Stimulate Competitive Re9 search and the National Institutes of Health Institu10 tional Development Award program, designed to in11 crease the capacity for and quality of science and 

12 technology research and training at academic institu13 tions in States that historically have received rel14 atively little Federal research and development fund15 ing. 

16 (2) COORDINATION REQUIRED.—The EPSCoR 

17 Interagency Coordinating Committee, chaired by the 

18 National Science Foundation, shall— 

19 (A) coordinate EPSCoR and Federal 

20 EPSCoR-like programs to maximize the impact 

21 of Federal support for building competitive re22 search infrastructure, and in order to achieve an 

23 integrated Federal effort; 

24 (B) coordinate agency objectives with State 

25 and institutional goals, to obtain continued nonVerDate Mar 15 2010 00:40 Dec 11, 2010 Jkt 099200 PO 00000 Frm 00198 Fmt 6652 Sfmt 6203 E:\BILLS\S3605.RS S3605

tjames on DSKG8SOYB1PROD with BILLS
199 

•S 3605 RS 

1 Federal support of science and technology re2 search and training; 

3 (C) develop metrics to assess gains in aca4 demic research quality and competitiveness, and 

5 in science and technology human resource devel6 opment; 

7 (D) conduct a cross-agency evaluation of 

8 EPSCoR and other Federal EPSCoR-like pro9 grams and accomplishments, including manage10 ment, investment, and metric-measuring strate11 gies implemented by the different agencies aimed 

12 to increase the number of new investigators re13 ceiving peer-reviewed funding, broaden partici14 pation, and empower knowledge generation, dis15 semination, application, and national research 

16 and development competitiveness; 

17 (E) coordinate the development and imple18 mentation of new, novel workshops, outreach ac19 tivities, and follow-up mentoring activities 

20 among EPSCoR or EPSCoR-like programs for 

21 colleges and universities in EPSCoR States and 

22 territories in order to increase the number of 

23 proposals submitted and successfully funded and 

24 to enhance statewide coordination of EPSCoR 

25 and Federal EPSCoR-like programs; 


tjames on DSKG8SOYB1PROD with BILLS
200 

•S 3605 RS 

1 (F) coordinate the development of new, in2 novative solicitations and programs to facilitate 

3 collaborations, partnerships, and mentoring ac4 tivities among faculty at all levels in non5 EPSCoR and EPSCoR States and jurisdictions; 

6 (G) conduct an evaluation of the roles, re7 sponsibilities and degree of autonomy that pro8 gram officers or managers (or the equivalent po9 sition) have in executing EPSCoR programs at 

10 the different Federal agencies and the impacts 

11 these differences have on the number of EPSCoR 

12 State and jurisdiction faculty participating in 

13 the peer review process and the percentage of suc14 cessful awards by individual EPSCoR State ju15 risdiction and individual researcher; and 

16 (H) conduct a survey of colleges and univer17 sity faculty at all levels regarding their knowl18 edge and understanding of EPSCoR, and their 

19 level of interaction with and knowledge about 

20 their respective State or Jurisdictional EPSCoR 

21 Committee. 

22 (3) MEETINGS AND REPORTS.—The Committee 

23 shall meet at least twice each fiscal year and shall 

24 submit an annual report to the appropriate commitVerDate Mar 15 2010 00:40 Dec 11, 2010 Jkt 099200 PO 00000 Frm 00200 Fmt 6652 Sfmt 6203 E:\BILLS\S3605.RS S3605

tjames on DSKG8SOYB1PROD with BILLS
201 

•S 3605 RS 

1 tees of Congress describing progress made in carrying 

2 out paragraph (2). 

3 (e) FEDERAL AGENCY REPORTS.—Each Federal agen4 cy that administers an EPSCoR or Federal EPSCoR-like 

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

6 budget submission— 

7 (1) a description of the program strategy and ob8 jectives; 

9 (2) a description of the awards made in the pre10 vious year, including— 

11 (A) the percentage of reviewers and number 

12 of new reviewers from EPSCoR States; 

13 (B) the percentage of new investigators from 

14 EPSCoR States; 

15 (C) the number of programs or large col16 laborator awards involving a partnership of or17 ganizations and institutions from EPSCoR and 

18 non-EPSCoR States; and 

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

20 quality and competitiveness, and in science and tech21 nology human resource development, achieved by the 

22 program in the last year. 

23 (f) NATIONAL ACADEMY OF SCIENCES STUDY.— 

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

25 with the National Academy of Sciences to conduct a 


tjames on DSKG8SOYB1PROD with BILLS
202 

•S 3605 RS 

1 study on all Federal agencies that administer an Ex2 perimental Program to Stimulate Competitive Re3 search or a program similar to the Experimental Pro4 gram to Stimulate Competitive Research. 

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

6 conducted under paragraph (1) shall include the fol7 lowing: 

8 (A) A delineation of the policies of each 

9 Federal agency with respect to the awarding of 

10 grants to EPSCoR States. 

11 (B) The effectiveness of each program. 

12 (C) Recommendations for improvements for 

13 each agency to achieve EPSCoR goals. 

14 (D) An assessment of the effectiveness of 

15 EPSCoR States in using awards to develop 

16 science and engineering research and education, 

17 and science and engineering infrastructure with18 in their States. 

19 (E) Such other issues that address the effec20 tiveness of EPSCoR as the National Academy of 

21 Sciences considers appropriate. 


tjames on DSKG8SOYB1PROD with BILLS
203 

•S 3605 RS 

1 SEC. 518. SENSE OF THE CONGRESS REGARDING THE 

2 SCIENCE, TECHNOLOGY, ENGINEERING, AND 

3 MATHEMATICS TALENT EXPANSION PRO4 GRAM. 

5 It is the sense of the Congress that— 

6 (1) the Science, Technology, Engineering, and 

7 Mathematics Talent Expansion Program established 

8 by the National Science Foundation Authorization 

9 Act of 2002 continues to be an effective program to 

10 increase the number of students, who are citizens or 

11 permanent residents of the United States, receiving 

12 associate or baccalaureate degrees in established or 

13 emerging fields within science, technology, engineer14 ing, and mathematics, and its authorization con15 tinues; 

16 (2) the strategies employed continue to strength17 en mentoring and tutoring between faculty and stu18 dents and provide students with information and ex19 posure to potential career pathways in science, tech20 nology, engineering, and mathematics areas; 

21 (3) this highly competitive program awarded 145 

22 Program implementation awards and 12 research 

23 projects in the first 6 years of operations; and 

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

25 Mathematics Talent Expansion Program should conVerDate Mar 15 2010 00:40 Dec 11, 2010 Jkt 099200 PO 00000 Frm 00203 Fmt 6652 Sfmt 6203 E:\BILLS\S3605.RS S3605

tjames on DSKG8SOYB1PROD with BILLS
204 

•S 3605 RS 

1 tinue to be supported by the National Science Foun2 dation. 

3 SEC. 519. SENSE OF THE CONGRESS REGARDING THE NA4 TIONAL SCIENCE FOUNDATION’S CONTRIBU5 TIONS TO BASIC RESEARCH AND EDUCATION. 

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

7 (1) the National Science Foundation is an inde8 pendent Federal agency created by Congress in 1950 

9 to, among other things, promote the progress of 

10 science, to advance the national health, prosperity, 

11 and welfare, and to secure the national defense; 

12 (2) the Foundation is the funding source for ap13 proximately 20 percent of all federally supported 

14 basic research conducted by America’s colleges and 

15 universities, and is the major source of Federal back16 ing for mathematics, computer science and other 

17 sciences; 

18 (3) the America COMPETES Act of 2007 helped 

19 rejuvenate our focus on increasing basic research in20 vestment in the physical sciences, strengthening edu21 cational opportunities in the science, technology, engi22 neering, and mathematics fields and developing a ro23 bust innovation infrastructure; and 

24 (4) reauthorization of the America COMPETES 

25 Act should continue a robust investment in basic reVerDate Mar 15 2010 00:40 Dec 11, 2010 Jkt 099200 PO 00000 Frm 00204 Fmt 6652 Sfmt 6203 E:\BILLS\S3605.RS S3605

tjames on DSKG8SOYB1PROD with BILLS
205 

•S 3605 RS 

1 search and education and preserve the essence of the 

2 original Act by increasing the investment focus on 

3 science, technology, engineering, and mathematics 

4 basic research and education as a national priority. 

5 (b) SENSE OF THE CONGRES.—It is the sense of the 

6 Congress that— 

7 (1) the National Science Foundation is the finest 

8 scientific foundation in the world, and is a vital 

9 agency that must support basic research needed to ad10 vance the United States into the 21st century; 

11 (2) the National Science Foundation should 

12 focus Federal research and development resources pri13 marily in the areas of science, technology, engineer14 ing, and mathematics basic research and education; 

15 and 

16 (3) the National Science Foundation should 

17 strive to ensure that federally-supported research is of 

18 the finest quality, is ground breaking, and answers 

19 questions or solves problems that are of utmost impor20 tance to society at large. 

21 SEC. 520. GRANTEE REPORTS ON COMMERCIALIZATION 

22 STRATEGY AND RESULTS. 

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

24 (as such term is defined in section 101(a) of the Higher 

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


tjames on DSKG8SOYB1PROD with BILLS
206 

•S 3605 RS 

1 1 or more grants of financial assistance from the National 

2 Science Foundation for research shall submit a report to 

3 the Foundation at the end of the first year of the grants, 

4 and at the end of each subsequent year in which funds are 

5 received pursuant to such grants, describing— 

6 (1) the institution’s strategy for commercializing 

7 the results of research supported by such grants; 

8 (2) the implementation of the strategy with re9 spect to research supported by the grants; and 

10 (3) the results of its efforts to realize the commer11 cial potential of the research supported by those 

12 grants. 

13 (b) WEBSITE.—The Foundation shall post reports re14 ceived under this section on a website accessible to and 

15 searchable by the public. 

16 (c) TRADE SECRET INFORMATION.—An institution of 

17 higher education that submits reports to the Foundation 

18 under this section shall not reveal confidential, trade secret, 

19 or proprietary information in such reports. 

20 SEC. 521. STUDY TO DEVELOP IMPROVED IMPACT-ON-SOCI21 ETY METRICS. 

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

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

24 Foundation shall contract with the National Academy of 

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


tjames on DSKG8SOYB1PROD with BILLS
207 

•S 3605 RS 

1 metrics for measuring the potential impact-on-society, in2 cluding— 

3 (1) the potential for commercial applications of 

4 research studies funded in whole or in part by grants 

5 of financial assistance from the Foundation or other 

6 Federal agencies; 

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

8 and individuals graduating from, an institution of 

9 higher education contribute to the development of new 

10 intellectual property and the success of commercial 

11 activities; 

12 (3) the quality of relevant scientific and inter13 national publications; and 

14 (4) the ability of such institutions to attract ex15 ternal research funding. 

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

17 required by subsection (a), the Director shall submit a re18 port to the Senate Committee on Commerce, Science, and 

19 Transportation and the House of Representatives Com20 mittee on Science and Technology setting forth the Direc21 tor’s findings, conclusions, and recommendations. 

22 SEC. 522. NSF GRANTS IN SUPPORT OF SPONSORED POST23 DOCTORAL FELLOWSHIP PROGRAMS. 

24 The Director of the National Science Foundation may 

25 utilize funds appropriated to carry out grants to instituVerDate Mar 15 2010 00:40 Dec 11, 2010 Jkt 099200 PO 00000 Frm 00207 Fmt 6652 Sfmt 6203 E:\BILLS\S3605.RS S3605

tjames on DSKG8SOYB1PROD with BILLS
208 

•S 3605 RS 

1 tions of higher education (as such term is defined in section 

2 101(a) of the Higher Education Act of 1965 (20 U.S.C. 

3 1001(a))) to provide financial support for post-graduate re4 search in fields with potential commercial applications to 

5 match, in whole or in part, any private sector grant of fi6 nancial assistance to any post-doctoral program in such a 

7 field of study. 

8 SEC. 523. COLLABORATION IN PLANNING FOR STEWARD9 SHIP OF LARGE-SCALE FACILITIES. 

10 It is the sense of Congress that— 

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

12 construction and stewardship of large facilities, co13 ordinate and collaborate with other Federal agencies, 

14 including the Department of Energy’s Office of 

15 Science, to ensure that joint investments may be made 

16 when practicable; 

17 (2) in particular, the Foundation should ensure 

18 that it responds to recommendations by the National 

19 Academy of Sciences and working groups convened by 

20 the National Science and Technology Council regard21 ing such facilities and opportunities for partnership 

22 with other agencies in the design and construction of 

23 such facilities; and 

24 (3) for facilities in which research in multiple 

25 disciplines will be possible, the Director should inVerDate Mar 15 2010 00:40 Dec 11, 2010 Jkt 099200 PO 00000 Frm 00208 Fmt 6652 Sfmt 6203 E:\BILLS\S3605.RS S3605

tjames on DSKG8SOYB1PROD with BILLS
209 

•S 3605 RS 

1 clude multiple units within the Foundation during 

2 the planning process. 

3 SEC. 524. CLOUD COMPUTING RESEARCH ENHANCEMENT. 

4 (a) RESEARCH FOCUS AREA.—The Director may sup5 port a national research agenda in key areas affected by 

6 the increased use of public and private cloud computing, 

7 including— 

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

9 tools for— 

10 (A) optimizing the effectiveness and effi11 ciency of cloud computing environments; and 

12 (B) mitigating security, identity, privacy, 

13 reliability, and manageability risks in cloud14 based environments, including as they differ 

15 from traditional data centers; 

16 (2) new algorithms and technologies to define, 

17 assess, and establish large-scale, trustworthy, cloud18 based infrastructures; 

19 (3) models and advanced technologies to meas20 ure, assess, report, and understand the performance, 

21 reliability, energy consumption, and other character22 istics of complex cloud environments; and 

23 (4) advanced security technologies to protect sen24 sitive or proprietary information in global-scale cloud 

25 environments. 


tjames on DSKG8SOYB1PROD with BILLS
210 

•S 3605 RS 

1 (b) ESTABLISHMENT.— 

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

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

4 initiate a review and assessment of cloud computing 

5 research opportunities and challenges, including re6 search areas listed in subsection (a), as well as related 

7 issues such as— 

8 (A) the management and assurance of data 

9 that are the subject of Federal laws and regula10 tions in cloud computing environments, which 

11 laws and regulations exist on the date of enact12 ment of this Act; 

13 (B) misappropriation of cloud services, pi14 racy through cloud technologies, and other 

15 threats to the integrity of cloud services; 

16 (C) areas of advanced technology needed to 

17 enable trusted communications, processing, and 

18 storage; and 

19 (D) other areas of focus determined appro20 priate by the Director. 

21 (2) UNSOLICITED PROPOSALS.—The Director 

22 may accept unsolicited proposals that review and as23 sess the issues described in paragraph (1). The pro24 posals may be judged according to existing criteria of 

25 the National Science Foundation. 


tjames on DSKG8SOYB1PROD with BILLS
211 

•S 3605 RS 

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

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

3 the outcomes of National Science Foundation investments 

4 in cloud computing research, recommendations for research 

5 focus and program improvements, or other related rec6 ommendations. The reports, including any interim findings 

7 or recommendations, shall be made publicly available on 

8 the website of the National Science Foundation. 

9 (d) NIST SUPPORT.—The Director of the National In10 stitute of Standards and Technology shall— 

11 (1) collaborate with industry in the development 

12 of standards supporting trusted cloud computing in13 frastructures, metrics, interoperability, and assur14 ance; and 

15 (2) support standards development with the in16 tent of supporting common goals. 

17 SEC. 525. TRIBAL COLLEGES AND UNIVERSITIES PROGRAM. 

18 (a) IN GENERAL.—The Director shall continue to sup19 port a program to award grants on a competitive, merit20 reviewed basis to tribal colleges and universities (as defined 

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

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

23 317 of such Act (20 U.S.C. 1059d), to enhance the quality 

24 of undergraduate STEM education at such institutions and 

25 to increase the retention and graduation rates of Native 


tjames on DSKG8SOYB1PROD with BILLS
212 

•S 3605 RS 

1 American students pursuing associate’s or baccalaureate de2 grees in STEM. 

3 (b) PROGRAM COMPONENTS.—Grants awarded under 

4 this section shall support— 

5 (1) activities to improve courses and curriculum 

6 in STEM; 

7 (2) faculty development; 

8 (3) stipends for undergraduate students partici9 pating in research; and 

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

11 as determined by the Director. 

12 (c) INSTRUMENTATION.—Funding provided under this 

13 section may be used for laboratory equipment and mate14 rials. 

15 SUBTITLE B—STEM-TRAINING 

16 GRANT PROGRAM 

17 SEC. 551. PURPOSE. 

18 The purpose of this subtitle is to replicate and imple19 ment programs at institutions of higher education that pro20 vide integrated courses of study in science, technology, engi21 neering, or mathematics, and teacher education, that lead 

22 to a baccalaureate degree in science, technology, engineer23 ing, or mathematics with concurrent teacher certification. 


tjames on DSKG8SOYB1PROD with BILLS
213 

•S 3605 RS 

1 SEC. 552. PROGRAM REQUIREMENTS. 

2 The Director shall replicate and implement under3 graduate degree programs under this subtitle that— 

4 (1) are designed to recruit and prepare students 

5 who pursue a baccalaureate degree in science, tech6 nology, engineering, or mathematics to become cer7 tified as elementary and secondary teachers; 

8 (2) require the education department (or its 

9 equivalent) and the departments or division respon10 sible for preparation of science, technology, engineer11 ing, and mathematics majors at an institution of 

12 higher education to collaborate in establishing and 

13 implementing the program at that institution; 

14 (3) require students participating in the pro15 gram to enter the program through a field-based 

16 course and to continue to complete field-based courses 

17 supervised by master teachers throughout the pro18 gram; 

19 (4) hire sufficient teachers so that the ratio of 

20 students to master teachers in the program does not 

21 exceed 100 to 1; 

22 (5) include instruction in the use of scientif23 ically-based instructional materials and methods, as24 sessments, pedagogical content knowledge (including 

25 the interaction between mathematics and science), the 

26 use of instructional technology, and how to incorVerDate Mar 15 2010 00:40 Dec 11, 2010 Jkt 099200 PO 00000 Frm 00213 Fmt 6652 Sfmt 6203 E:\BILLS\S3605.RS S3605

tjames on DSKG8SOYB1PROD with BILLS
214 

•S 3605 RS 

1 porate State and local standards into the classroom 

2 curriculum; 

3 (6) restrict to students participating in the pro4 gram those courses that are specifically designed for 

5 the needs of teachers of science, technology, engineer6 ing, and mathematics; and 

7 (7) require students participating in the pro8 gram to successfully complete a final evaluation of 

9 their teaching proficiency, based on their classroom 

10 teaching performance, conducted by multiple trained 

11 observers, and a portfolio of their accomplishments. 

12 SEC. 553. GRANT PROGRAM. 

13 (a) IN GENERAL.—The Director shall establish a grant 

14 program to support programs at institutions of higher edu15 cation to carry out the purpose of this subtitle. 

16 (b) GEOGRAPHICAL CONSIDERATIONS.—In the admin17 istration of this subtitle, the Director shall take such steps 

18 as may be necessary to ensure that grants are equitably dis19 tributed across all regions of the United States, taking into 

20 account population density and other geographic and demo21 graphic considerations. 

22 (c) AMOUNT OF GRANT.—Subject to the requirements 

23 of subsection (d), the Director may award grants annually 

24 on a competitive basis to institutions of higher education 

25 in the amount of $2,000,000, per institution of which— 


tjames on DSKG8SOYB1PROD with BILLS
215 

•S 3605 RS 

1 (1) $1,500,000 shall be used— 

2 (A) to design, implement, and evaluate a 

3 program that meets the requirements of section 

4 552; 

5 (B) to employ master teachers at the insti6 tution to oversee field experiences; 

7 (C) to provide a stipend to mentor teachers 

8 participating in the program; and 

9 (D) to support curriculum development and 

10 implementation strategies for science, technology, 

11 engineering, and mathematics content courses 

12 taught through the program; and 

13 (2) up to $500,000 shall be set aside by the 

14 grantee for technical support and evaluation services 

15 from the institution whose programs will be rep16 licated. 

17 (d) ELIGIBILITY.—To be eligible to apply for a grant 

18 under this section, an institution of higher education 

19 shall— 

20 (1) include former secondary school science, tech21 nology, engineering, or mathematics master teachers 

22 as faculty in its science department for this program; 

23 (2) grant terminal degrees in science, technology, 

24 engineering, and mathematics; and 


tjames on DSKG8SOYB1PROD with BILLS
216 

•S 3605 RS 

1 (3) have a process to be used in establishing 

2 partnerships with local educational agencies for 

3 placement of participating students in their field ex4 periences, including a process for identifying mentor 

5 teachers working in local schools to supervise class6 room field experiences in cooperation with university7 based master teachers; 

8 (4) maintain policies allowing flexible entry to 

9 the program throughout the undergraduate 

10 coursework; 

11 (5) require that master teachers employed by the 

12 institution will supervise field experiences of students 

13 in the program; 

14 (6) require that the program complies with State 

15 certification or licensing requirements and the re16 quirements under section 9101(23) of the Elementary 

17 and Secondary Education Act of 1965 (20 U.S.C. 

18 7801(23)) for highly qualified teachers; 

19 (7) develop during the course of the grant a plan 

20 for long-term support and assessment of its graduates, 

21 which shall include— 

22 (A) induction support for graduates in their 

23 first one to two years of teaching; 


tjames on DSKG8SOYB1PROD with BILLS
217 

•S 3605 RS 

1 (B) systems to determine the teaching status 

2 of graduates and thereby determine retention 

3 rates; and 

4 (C) methods to analyze the achievement of 

5 students taught by graduates, and methods to 

6 analyze classroom practices of graduates; and 

7 (8) be able upon completion of the grant at the 

8 end of 5 years to fund essential program costs, includ9 ing salaries of master teachers and other necessary 

10 personnel, from recurring university budgets. 

11 (e) APPLICATION REQUIREMENTS.—An institution of 

12 higher education seeking a grant under the program shall 

13 submit an application to the Director in such form, at such 

14 time, and containing such information and assurances as 

15 the Director may require, including— 

16 (1) a description of the current rate at which in17 dividuals majoring in science, technology, engineer18 ing, and mathematics become certified as elementary 

19 and secondary teachers; 

20 (2) a description for the institution’s plan for 

21 increasing the numbers of students enrolled in and 

22 graduating from the program supported under this 

23 subtitle; 

24 (3) a description of the institution’s capacity to 

25 develop a program in which individuals majoring in 


tjames on DSKG8SOYB1PROD with BILLS
218 

•S 3605 RS 

1 science, technology, engineering, and mathematics can 

2 become certified as elementary and secondary teach3 ers; 

4 (4) identification of the organizational unit 

5 within the department or division of arts and sciences 

6 or the science department at the institution that will 

7 adopt teacher certification for elementary and sec8 ondary teachers as its primary mission; 

9 (5) identification of core faculty within the de10 partment or division of arts and sciences or the 

11 science department at the institution to champion 

12 teacher preparation in their departments by teaching 

13 courses dedicated to preparing future elementary and 

14 secondary school teachers, helping create new degree 

15 plans, advising prospective students within their 

16 major, and assisting as needed with program admin17 istration; 

18 (6) identification of core faculty in the education 

19 department or its equivalent at the institution to 

20 champion teacher preparation by creating and teach21 ing courses specific to the preparation of science, tech22 nology, engineering, and mathematics and working 

23 closely with colleagues in the department or division 

24 of arts and sciences or the science department; and 


tjames on DSKG8SOYB1PROD with BILLS
219 

•S 3605 RS 

1 (7) a description of involving practical, field2 based experience in teaching and degree plans ena3 bling students to graduate in 4 years with a major 

4 in science, technology, engineering, or mathematics 

5 and elementary or secondary school teacher certifi6 cation. 

7 (f) MATCHING REQUIREMENT.—An institution of 

8 higher education may not receive a grant under this section 

9 unless it provides, from non-federal sources, to carry out 

10 the activities supported by the grant, an amount that is 

11 not less than— 

12 (1) 35 percent of the amount of the grant for the 

13 first fiscal year of the grant; 

14 (2) 55 percent of the amount of the grant for the 

15 second and third fiscal years of the grant; and 

16 (3) 75 percent of the amount of the grant for the 

17 fourth and fifth fiscal years of the grant. 

18 (g) GUIDANCE.—Within 90 days after the date of en19 actment of this Act, the Director shall initiate a proceeding 

20 to promulgate guidance for the administration of the grant 

21 program established under subsection (a). 

22 SEC. 554. GRANT OVERSIGHT AND ADMINISTRATION. 

23 (a) IN GENERAL.—The Director may execute a con24 tract for program oversight and fiscal management with an 

25 organization at an institution of higher education, a nonVerDate Mar 15 2010 00:40 Dec 11, 2010 Jkt 099200 PO 00000 Frm 00219 Fmt 6652 Sfmt 6203 E:\BILLS\S3605.RS S3605

tjames on DSKG8SOYB1PROD with BILLS
220 

•S 3605 RS 

1 profit organization, or other entity that demonstrates ca2 pacity for and experience in— 

3 (1) replicating 1 or more similar programs at 

4 regional or national levels; 

5 (2) providing programmatic and technical im6 plementation assistance for the program; 

7 (3) performing data collection and analysis to 

8 ensure proper implementation and continuous pro9 gram improvement; and 

10 (4) providing accountability for results by 

11 measuring and monitoring achievement of pro12 grammatic milestones. 

13 (b) OVERSIGHT RESPONSIBILITIES.— 

14 (1) MANDATORY DUTIES.—If the Director exe15 cutes a contract under subsection (a) with an organi16 zation for program oversight and fiscal management, 

17 the organization shall— 

18 (A) ensure that a grant recipient faithfully 

19 replicates and implements the program or pro20 grams for which the grant is awarded; 

21 (B) ensure that grant funds are used for the 

22 purposes authorized and that a grant recipient 

23 has a system in place to track and account for 

24 all Federal grant funds provided; 


tjames on DSKG8SOYB1PROD with BILLS
221 

•S 3605 RS 

1 (C) provide technical assistance to grant re2 cipients; 

3 (D) collect and analyze data and report to 

4 the Director annually on the effects of the pro5 gram on— 

6 (i) the progress of participating stu7 dents in achieving teaching competence and 

8 teaching certification; 

9 (ii) the participation of students in the 

10 program by major, compared with local and 

11 State needs on secondary teachers by dis12 cipline; and 

13 (iii) the participation of students in 

14 the program by demographic subgroup; 

15 (E) collect and analyze data and report to 

16 the Director annually on the effects of the pro17 gram on the academic achievement of elementary 

18 and secondary school students taught by grad19 uates of programs funded by grants under this 

20 subtitle; and 

21 (F) submit an annual report to the Director 

22 demonstrating compliance with the requirements 

23 of subparagraphs (A) through (E). 

24 (2) DISCRETIONARY DUTIES.—At the request of 

25 the Director, the organization under contract under 


tjames on DSKG8SOYB1PROD with BILLS
222 

•S 3605 RS 

1 subsection (a) may assist the Director in evaluating 

2 grant applications. 

3 (c) REPORTS TO CONGRESS.—The Director shall sub4 mit a copy of the annual report required by subsection 

5 (b)(1)(F) to the Senate Committee on Commerce, Science, 

6 and Transportation, the Senate Committee on Health, Edu7 cation, Labor, and Pensions, the House of Representatives 

8 Committee on Science and Technology, and the House of 

9 Representatives Committee on Education and Labor. 

10 SEC. 555. DEFINITIONS. 

11 In this subtitle: 

12 (1) FIELD-BASED COURSE.—The term ‘‘field13 based course’’ means a course of instruction offered by 

14 an institution of higher education that includes a re15 quirement that students teach a minimum of 3 lessons 

16 or sequences of lessons to elementary or secondary stu17 dents. 

18 (2) INSTITUTION OF HIGHER EDUCATION.—The 

19 term ‘‘institution of higher education’’ has the mean20 ing given that term by section 101 of the Higher Edu21 cation Act of 1965 (20 U.S.C. 1001). 

22 (3) MASTER TEACHER.—The term ‘‘master 

23 teacher’’ means an individual— 


tjames on DSKG8SOYB1PROD with BILLS
223 

•S 3605 RS 

1 (A) who has been awarded a master’s or 

2 doctoral degree by an institution of higher edu3 cation; 

4 (B) whose graduate coursework included 

5 courses in mathematics, science, computer 

6 science, or engineering; 

7 (C) who has at least 3 years teaching expe8 rience in K-12 settings; and 

9 (D) whose teaching has been recognized for 

10 exceptional accomplishments in educating stu11 dents, or is demonstrated to have resulted in im12 proved student achievement. 

13 (4) MENTOR TEACHER.—The term ‘‘mentor 

14 teacher’’ means an elementary or secondary school 

15 classroom teacher who assists with the training of stu16 dents participating in a field-based course. 

17 (5) DIRECTOR.—The term ‘‘Director’’ means the 

18 Director of the National Science Foundation. 

19 SEC. 557. AUTHORIZATION OF APPROPRIATIONS. 

20 There are authorized to be appropriated to the Director 

21 to carry out this subtitle $10,000,000 for each of fiscal years 

22 2011 through 2013. 


tjames on DSKG8SOYB1PROD with BILLS
224 

•S 3605 RS 

1 TITLE VI—INNOVATION 

2 SEC. 601. OFFICE OF INNOVATION AND ENTREPRENEUR3 SHIP. 

4 The Stevenson-Wydler Technology Innovation Act of 

5 1980 (15 U.S.C. 3701 et seq.), as amended by section 106 

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

7 ‘‘SEC. 25. OFFICE OF INNOVATION AND ENTREPRENEUR8 SHIP. 

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

10 Office of Innovation and Entrepreneurship to foster innova11 tion and the commercialization of new technologies, prod12 ucts, processes, and services with the goal of promoting pro13 ductivity and economic growth in the United States. 

14 ‘‘(b) DUTIES.—The Office of Innovation and Entrepre15 neurship shall be responsible for— 

16 ‘‘(1) developing policies to accelerate innovation 

17 and advance the commercialization of research and 

18 development, including federally funded research and 

19 development; 

20 ‘‘(2) identifying existing barriers to innovation 

21 and commercialization, including access to capital 

22 and other resources, and ways to overcome those bar23 riers, particularly in States participating in the Ex24 perimental Program to Stimulate Competitive Re25 search; 


tjames on DSKG8SOYB1PROD with BILLS
225 

•S 3605 RS 

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, between the Department of 

9 Commerce and other Federal agencies, and between 

10 the Department of Commerce and appropriate State 

11 government agencies and institutions, as appropriate; 

12 and 

13 ‘‘(5) any other duties as determined by the Sec14 retary. 

15 ‘‘(c) ADVISORY COMMITTEE.—The Secretary shall es16 tablish an Advisory Council on Innovation and Entrepre17 neurship to provide advice to the Secretary on carrying out 

18 subsection (b).’’. 

19 SEC. 602. FEDERAL LOAN GUARANTEES FOR INNOVATIVE 

20 TECHNOLOGIES IN MANUFACTURING. 

21 The Stevenson-Wydler Technology Innovation Act of 

22 1980 (15 U.S.C. 3701 et seq.), as amended by section 601, 

23 is further amended by adding at the end the following: 


tjames on DSKG8SOYB1PROD with BILLS
226 

•S 3605 RS 

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

2 TECHNOLOGIES IN MANUFACTURING. 

3 ‘‘(a) ESTABLISHMENT.—The Secretary shall establish 

4 a program to provide loan guarantees for obligations to 

5 small- or medium-sized manufacturers for the use or pro6 duction 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; 

13 ‘‘(2) to manufacture an innovative technology 

14 product or an integral component of such a product; 

15 or 

16 ‘‘(3) to commercialize an innovative product, 

17 process, or idea that was developed by research funded 

18 in whole or in part by a grant from the National 

19 Science Foundation. 

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

21 made under the program only for a borrower who is a 

22 small- or medium-sized manufacturer, as determined by the 

23 Secretary under the criteria established pursuant to sub24 section (l). 

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

26 not exceed an amount equal to 80 percent of the obligation, 


tjames on DSKG8SOYB1PROD with BILLS
227 

•S 3605 RS 

1 as estimated at the time at which the loan guarantee is 

2 issued. 

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

4 guarantee shall be made unless the Secretary determines 

5 that— 

6 ‘‘(1) there is a reasonable prospect of repayment 

7 of the principal and interest on the obligation by the 

8 borrower; 

9 ‘‘(2) the amount of the obligation (when com10 bined with amounts available to the borrower from 

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

12 ‘‘(3) the obligation is not subordinate to other fi13 nancing; 

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

15 does not exceed a level that the Secretary determines 

16 appropriate, taking into account the prevailing rate 

17 of interest in the private sector for similar loans and 

18 risks; and 

19 ‘‘(5) the term of an obligation requires full re20 payment over a period not to exceed the lesser of— 

21 ‘‘(A) 30 years; or 

22 ‘‘(B) 90 percent of the projected useful life, 

23 as determined by the Secretary, of the physical 

24 asset to be financed by the obligation. 

25 ‘‘(f) DEFAULTS.— 


tjames on DSKG8SOYB1PROD with BILLS
228 

•S 3605 RS 

1 ‘‘(1) PAYMENT BY SECRETARY.— 

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

3 (as defined in regulations promulgated by the 

4 Secretary and specified in the loan guarantee) 

5 on the obligation, the holder of the loan guar6 antee shall have the right to demand payment of 

7 the unpaid amount from the Secretary. 

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

9 period as may be specified in the loan guarantee 

10 or related agreements, the Secretary shall pay to 

11 the holder of the loan guarantee the unpaid in12 terest on and unpaid principal of the obligation 

13 as to which the borrower has defaulted, unless the 

14 Secretary finds that there was no default by the 

15 borrower in the payment of interest or principal 

16 or that the default has been remedied. 

17 ‘‘(C) FORBEARANCE.—Nothing in this sub18 section precludes any forbearance by the holder 

19 of the obligation for the benefit of the borrower 

20 which may be agreed upon by the parties to the 

21 obligation and approved by the Secretary. 

22 ‘‘(2) SUBROGATION.— 

23 ‘‘(A) IN GENERAL.—If the Secretary makes 

24 a payment under paragraph (1), the Secretary 

25 shall be subrogated to the rights, as specified in 


tjames on DSKG8SOYB1PROD with BILLS
229 

•S 3605 RS 

1 the loan guarantee, of the recipient of the pay2 ment or related agreements including, if appro3 priate, the authority (notwithstanding any other 

4 provision of law)— 

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

6 lease, or otherwise dispose of any property 

7 acquired pursuant to such loan guarantee 

8 or related agreement; or 

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

10 to an agreement with the Secretary, to con11 tinue to pursue the purposes of the project 

12 if the Secretary determines that such an 

13 agreement is in the public interest. 

14 ‘‘(B) SUPERIORITY OF RIGHTS.—The rights 

15 of the Secretary, with respect to any property ac16 quired pursuant to a loan guarantee or related 

17 agreements, shall be superior to the rights of any 

18 other person with respect to the property. 

19 ‘‘(3) NOTIFICATION.—If the borrower defaults on 

20 an obligation, the Secretary shall notify the Attorney 

21 General of the default. 

22 ‘‘(g) TERMS AND CONDITIONS.—A loan guarantee 

23 under this section shall include such detailed terms and con24 ditions as the Secretary determines appropriate— 


tjames on DSKG8SOYB1PROD with BILLS
230 

•S 3605 RS 

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

2 in the case of default; and 

3 ‘‘(2) to have available all the patents and tech4 nology necessary for any person selected, including 

5 the Secretary, to complete and operate the project. 

6 ‘‘(h) CONSULTATION.—In establishing the terms and 

7 conditions of a loan guarantee under this section, the Sec8 retary shall consult with the Secretary of the Treasury. 

9 ‘‘(i) FEES.— 

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

11 and collect fees for loan guarantees in amounts the 

12 Secretary determines are sufficient to cover applicable 

13 administrative expenses. 

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

15 subsection shall— 

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

17 Treasury of the United States; and 

18 ‘‘(B) remain available until expended, sub19 ject to such other conditions as are contained in 

20 annual appropriations Acts. 

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

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

23 into consideration the amount of the obligation. 

24 ‘‘(j) RECORDS.— 


tjames on DSKG8SOYB1PROD with BILLS
231 

•S 3605 RS 

1 ‘‘(1) IN GENERAL.—With respect to a loan guar2 antee under this section, the borrower, the lender, and 

3 any other appropriate party shall keep such records 

4 and other pertinent documents as the Secretary shall 

5 prescribe by regulation, including such records as the 

6 Secretary may require to facilitate an effective audit. 

7 ‘‘(2) ACCESS.—The Secretary and the Comp8 troller General of the United States, or their duly au9 thorized representatives, shall have access to records 

10 and other pertinent documents for the purpose of con11 ducting an audit. 

12 ‘‘(k) FULL FAITH AND CREDIT.—The full faith and 

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

14 all loan guarantees issued under this section with respect 

15 to principal and interest. 

16 ‘‘(l) REGULATIONS.—The Secretary shall issue final 

17 regulations before making any loan guarantees under the 

18 program. The regulations shall include— 

19 ‘‘(1) criteria that the Secretary shall use to de20 termine eligibility for loan guarantees under this sec21 tion, including— 

22 ‘‘(A) whether a borrower is a small- or me23 dium-sized manufacturer; and 

24 ‘‘(B) whether a borrower demonstrates that 

25 a market exists for the innovative technology 


tjames on DSKG8SOYB1PROD with BILLS
232 

•S 3605 RS 

1 product, or the integral component of such a 

2 product, to be manufactured, as evidenced by 

3 written statements of interest from potential pur4 chasers; 

5 ‘‘(2) criteria that the Secretary shall use to de6 termine the amount of any fees charged under sub7 section (i), including criteria related to the amount of 

8 the obligation; 

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

10 monitoring lenders and loan performance; and 

11 ‘‘(4) any other policies, procedures, or informa12 tion necessary to implement this section. 

13 ‘‘(m) AUDIT.— 

14 ‘‘(1) ANNUAL INDEPENDENT AUDITS.—The Sec15 retary shall enter into an arrangement with an inde16 pendent auditor for annual evaluations of the pro17 gram under this section. 

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

19 Comptroller General of the United States shall con20 duct a biennial review of the Secretary’s execution of 

21 the program under this section. 

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

23 audit under paragraph (1) and the Comptroller Gen24 eral’s review under paragraph (2) shall be provided 

25 directly to the Committee on Science and Technology 


tjames on DSKG8SOYB1PROD with BILLS
233 

•S 3605 RS 

1 of the House of Representatives and the Committee on 

2 Commerce, Science, and Transportation of the Senate. 

3 ‘‘(n) REPORT TO CONGRESS.—Concurrent with the 

4 submission to Congress of the President’s annual budget re5 quest in each year after the date of enactment of the Amer6 ica COMPETES Reauthorization Act of 2010, the Sec7 retary 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 ‘‘(o) COORDINATION AND NONDUPLICATION.—To the 

13 maximum extent practicable, the Secretary shall ensure 

14 that the activities carried out under this section are coordi15 nated with, and do not duplicate the efforts of, other loan 

16 guarantee programs within the Federal Government. 

17 ‘‘(p) MEP CENTERS.—The Secretary may use centers 

18 established under section 25 of the National Institute of 

19 Standards and Technology Act (15 U.S.C. 278k) to provide 

20 information about the program established under this sec21 tion and to conduct outreach to potential borrowers, as ap22 propriate. 

23 ‘‘(q) MINIMIZING RISK.—The Secretary shall promul24 gate regulations and policies to carry out this section in 

25 accordance with Office of Management and Budget Circular 


tjames on DSKG8SOYB1PROD with BILLS
234 

•S 3605 RS 

1 No. A-129, entitled ‘Policies for Federal Credit Programs 

2 and Non-Tax Receivables’, as in effect on the date of enact3 ment of the America COMPETES Reauthorization Act of 

4 2010. 

5 ‘‘(r) SENSE OF CONGRESS.—It is the sense of Congress 

6 that no loan guarantee shall be made under this section un7 less the borrower agrees to use a federally-approved elec8 tronic employment eligibility verification system to verify 

9 the employment eligibility of— 

10 ‘‘(1) all persons hired during the contract term 

11 by the borrower to perform employment duties within 

12 the United States; and 

13 ‘‘(2) all persons assigned by the borrower to per14 form work within the United States on the project. 

15 ‘‘(s) DEFINITIONS.—In this section: 

16 ‘‘(1) COST.—The term ‘cost’ has the meaning 

17 given such term under section 502 of the Federal 

18 Credit Reform Act of 1990 (2 U.S.C. 661a). 

19 ‘‘(2) INNOVATIVE PROCESS.—The term ‘innova20 tive process’ means a process that is significantly im21 proved as compared to the process in general use in 

22 the commercial marketplace in the United States at 

23 the time the loan guarantee is issued. 

24 ‘‘(3) INNOVATIVE TECHNOLOGY.—The term ‘inno25 vative technology’ means a technology that is signifiVerDate Mar 15 2010 00:40 Dec 11, 2010 Jkt 099200 PO 00000 Frm 00234 Fmt 6652 Sfmt 6203 E:\BILLS\S3605.RS S3605

tjames on DSKG8SOYB1PROD with BILLS
235 

•S 3605 RS 

1 cantly improved as compared to the technology in 

2 general use in the commercial marketplace in the 

3 United States at the time the loan guarantee is 

4 issued. 

5 ‘‘(4) LOAN GUARANTEE.—The term ‘loan guar6 antee’ has the meaning given such term in section 502 

7 of the Federal Credit Reform Act of 1990 (2 U.S.C. 

8 661a). The term includes a loan guarantee commit9 ment (as defined in section 502 of such Act (2 U.S.C. 

10 661a)). 

11 ‘‘(5) OBLIGATION.—The term ‘obligation’ means 

12 the loan or other debt obligation that is guaranteed 

13 under this section. 

14 ‘‘(6) PROGRAM.—The term ‘program’ means the 

15 loan guarantee program established in subsection (a). 

16 ‘‘(t) AUTHORIZATION OF APPROPRIATIONS.— 

17 ‘‘(1) COST OF LOAN GUARANTEES.—There are 

18 authorized to be appropriated $100,000,000 for each 

19 of fiscal years 2011 through 2013 to provide the cost 

20 of loan guarantees under this section. 

21 ‘‘(2) PRINCIPAL AND INTEREST.—There are au22 thorized to be appropriated such sums as are nec23 essary to carry out subsection (f).’’. 


tjames on DSKG8SOYB1PROD with BILLS
236 

•S 3605 RS 

1 SEC. 603. REGIONAL INNOVATION PROGRAM. 

2 The Stevenson-Wydler Technology Innovation Act of 

3 1980 (15 U.S.C. 3701 et seq.), as amended by section 602, 

4 is further amended by adding at the end thereof the fol5 lowing: 

6 ‘‘SEC. 27. REGIONAL INNOVATION PROGRAM. 

7 ‘‘(a) ESTABLISHMENT.—The Secretary shall establish 

8 a regional innovation program to encourage and support 

9 the development of regional innovation strategies, including 

10 regional innovation clusters and science and research parks. 

11 ‘(b) CLUSTER GRANTS.— 

12 ‘‘(1) IN GENERAL.—As part of the program es13 tablished under subsection (a), the Secretary may 

14 award grants on a competitive basis to eligible recipi15 ents for activities relating to the formation and devel16 opment of regional innovation clusters. 

17 ‘‘(2) PERMISSIBLE ACTIVITIES.—Grants awarded 

18 under this subsection may be used for activities deter19 mined appropriate by the Secretary, including the 

20 following: 

21 ‘‘(A) Feasibility studies. 

22 ‘‘(B) Planning activities. 

23 ‘‘(C) Technical assistance. 

24 ‘‘(D) Developing or strengthening commu25 nication and collaboration between and among 

26 participants of a regional innovation cluster. 


tjames on DSKG8SOYB1PROD with BILLS
237 

•S 3605 RS 

1 ‘‘(E) Attracting additional participants to 

2 a regional innovation cluster. 

3 ‘‘(F) Facilitating market development of 

4 products and services developed by a regional in5 novation cluster, including through demonstra6 tion, deployment, technology transfer, and com7 mercialization activities. 

8 ‘‘(G) Developing relationships between a re9 gional innovation cluster and entities or clusters 

10 in other regions. 

11 ‘‘(H) Interacting with the public and State 

12 and local governments to meet the goals of the 

13 cluster. 

14 ‘‘(3) ELIGIBLE RECIPIENT DEFINED.—In this 

15 subsection, the term ‘eligible recipient’ means— 

16 ‘‘(A) a State; 

17 ‘‘(B) an Indian tribe; 

18 ‘‘(C) a city or other political subdivision of 

19 a State; 

20 ‘‘(D) an entity that— 

21 ‘‘(i) is a nonprofit organization, an in22 stitution of higher education, a public-pri23 vate partnership, a science or research park, 

24 a Federal laboratory, or an economic devel25 opment organization or similar entity; and 


tjames on DSKG8SOYB1PROD with BILLS
238 

•S 3605 RS 

1 ‘‘(ii) has an application that is sup2 ported by a State or a political subdivision 

3 of a State; or 

4 ‘‘(E) a consortium of any of the entities de5 scribed in subparagraphs (A) through (D). 

6 ‘‘(4) APPLICATION.— 

7 ‘‘(A) IN GENERAL.—An eligible recipient 

8 shall submit an application to the Secretary at 

9 such time, in such manner, and containing such 

10 information and assurances as the Secretary 

11 may require. 

12 ‘‘(B) COMPONENTS.—The application shall 

13 include, at a minimum, a description of the re14 gional innovation cluster supported by the pro15 posed activity, including a description of— 

16 ‘‘(i) whether the regional innovation 

17 cluster is supported by the private sector, 

18 State and local governments, and other rel19 evant stakeholders; 

20 ‘‘(ii) how the existing participants in 

21 the regional innovation cluster will encour22 age and solicit participation by all types of 

23 entities that might benefit from participa24 tion, including newly formed entities and 

25 those rival existing participants; 


tjames on DSKG8SOYB1PROD with BILLS
239 

•S 3605 RS 

1 ‘‘(iii) the extent to which the regional 

2 innovation cluster is likely to stimulate in3 novation and have a positive impact on re4 gional economic growth and development; 

5 ‘‘(iv) whether the participants in the 

6 regional innovation cluster have access to, 

7 or contribute to, a well-trained workforce; 

8 ‘‘(v) whether the participants in the re9 gional innovation cluster are capable of at10 tracting additional funds from non-Federal 

11 sources; and 

12 ‘‘(vi) the likelihood that the partici13 pants in the regional innovation cluster will 

14 be able to sustain activities once grant 

15 funds under this subsection have been ex16 pended. 

17 ‘‘(C) SPECIAL CONSIDERATION.—The Sec18 retary shall give special consideration to appli19 cations from regions that contain communities 

20 negatively impacted by trade. 

21 ‘‘(5) SPECIAL CONSIDERATION.—The Secretary 

22 shall give special consideration to an eligible recipient 

23 who agrees to collaborate with local workforce invest24 ment area boards. 


tjames on DSKG8SOYB1PROD with BILLS
240 

•S 3605 RS 

1 ‘‘(6) COST SHARE.—The Secretary may not pro2 vide more than 50 percent of the total cost of any ac3 tivity funded under this subsection. 

4 ‘‘(7) USE AND APPLICATION OF RESEARCH AND

5 INFORMATION PROGRAM.—To the maximum extent 

6 practicable, the Secretary shall ensure that activities 

7 funded under this subsection use and apply any rel8 evant research, best practices, and metrics developed 

9 under the program established in subsection (c). 

10 ‘‘(c) SCIENCE AND RESEARCH PARK DEVELOPMENT

11 GRANTS.— 

12 ‘‘(1) IN GENERAL.—As part of the program es13 tablished under subsection (a), the Secretary may 

14 award grants for the development of feasibility studies 

15 and plans for the construction of new science parks 

16 or the renovation or expansion of existing science 

17 parks. 

18 ‘‘(2) LIMITATION ON AMOUNT OF GRANTS.—The 

19 amount of a grant awarded under this subsection 

20 may not exceed $750,000. 

21 ‘‘(3) AWARD.— 

22 ‘‘(A) COMPETITION REQUIRED.—The Sec23 retary shall award grants under this subsection 

24 pursuant to a full and open competition. 


tjames on DSKG8SOYB1PROD with BILLS
241 

•S 3605 RS 

1 ‘‘(B) GEOGRAPHIC DISPERSION.— In con2 ducting a competitive process, the Secretary shall 

3 consider the need to avoid undue geographic con4 centration among any one category of States 

5 based on their predominant rural or urban char6 acter as indicated by population density. 

7 ‘‘(C) SELECTION CRITERIA.—The Secretary 

8 shall publish the criteria to be utilized in any 

9 competition for the selection of recipients of 

10 grants under this subsection, which shall include 

11 requirements relating to the— 

12 ‘‘(i) effect the science park will have on 

13 regional economic growth and development; 

14 ‘‘(ii) number of jobs to be created at 

15 the science park and the surrounding re16 gional community each year during its first 

17 3 years; 

18 ‘‘(iii) funding to be required to con19 struct, renovate or expand the science park 

20 during its first 3 years; 

21 ‘‘(iv) amount and type of financing 

22 and access to capital available to the appli23 cant; 


tjames on DSKG8SOYB1PROD with BILLS
242 

•S 3605 RS 

1 ‘‘(v) types of businesses and research 

2 entities expected in the science park and 

3 surrounding regional community; 

4 ‘‘(vi) letters of intent by businesses and 

5 research entities to locate in the science 

6 park; 

7 ‘‘(vii) capability to attract a well 

8 trained workforce to the science park; 

9 ‘‘(viii) the management of the science 

10 park during its first 5 years; 

11 ‘‘(ix) expected financial risks in the 

12 construction and operation of the science 

13 park and the risk mitigation strategy; 

14 ‘‘(x) physical infrastructure available 

15 to the science park, including roads, utili16 ties, and telecommunications; 

17 ‘‘(xi) utilization of energy-efficient 

18 building technology including nationally 

19 recognized green building design practices, 

20 renewable energy, cogeneration, and other 

21 methods that increase energy efficiency and 

22 conservation; 

23 ‘‘(xii) consideration to the trans24 formation of military bases affected by the 

25 base realignment and closure process or the 


tjames on DSKG8SOYB1PROD with BILLS
243 

•S 3605 RS 

1 redevelopment of existing buildings, struc2 tures, or brownfield sites that are aban3 doned, idled, or underused into single or 

4 multiple building facilities for science and 

5 technology companies and institutions; 

6 ‘‘(xiii) ability to collaborate with other 

7 science parks throughout the world; 

8 ‘‘(xiv) consideration of sustainable de9 velopment practices and the quality of life 

10 at the science park; and 

11 ‘‘(xv) other such criteria as the Sec12 retary shall prescribe. 

13 ‘‘(4) ALLOCATION CONSTRAINTS.—The Secretary 

14 may not allocate less than one-third of the total grant 

15 funding allocated under this section for any fiscal 

16 year to grants under subsection (b) or this subsection 

17 without written notification to the Senate Committee 

18 on Commerce, Science, and Transportation and the 

19 House of Representatives Committees on Science and 

20 Technology and on Energy and Commerce. 

21 ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.— 

22 There are authorized to be appropriated to the Sec23 retary such sums as are necessary for each of fiscal 

24 years 2011 through 2013 to carry out this section, inVerDate Mar 15 2010 00:40 Dec 11, 2010 Jkt 099200 PO 00000 Frm 00243 Fmt 6652 Sfmt 6203 E:\BILLS\S3605.RS S3605

tjames on DSKG8SOYB1PROD with BILLS
244 

•S 3605 RS 

1 cluding such sums as are necessary to carry out the 

2 evaluation required under subsection (g). 

3 ‘‘(d) LOAN GUARANTEES FOR SCIENCE PARK INFRA4 STRUCTURE.— 

5 ‘‘(1) IN GENERAL.—Subject to paragraph (2), the 

6 Secretary may guarantee up to 80 percent of the loan 

7 amount for projects for the construction or expansion, 

8 including renovation and modernization, of science 

9 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) $300,000,000 with respect to all 

16 projects. 

17 ‘‘(3) SELECTION OF GUARANTEE RECIPIENTS.— 

18 The Secretary shall select recipients of loan guaran19 tees under this subsection based upon the ability of 

20 the recipient to collateralize the loan amount through 

21 bonds, equity, property, and such other things of val22 ues as the Secretary shall deem necessary. Recipients 

23 of grants under subsection (c) are not eligible for a 

24 loan guarantee during the period of the grant. To the 

25 extent that the Secretary determines it to be feasible, 


tjames on DSKG8SOYB1PROD with BILLS
245 

•S 3605 RS 

1 the Secretary may select recipients of guarantee as2 sistance in accord with a competitive process that 

3 takes into account the factors set out in subsection 

4 (c)(3)(C) of this section. 

5 ‘‘(4) TERMS AND CONDITIONS FOR LOAN GUAR6 ANTEES.—The loans guaranteed under this subsection 

7 shall be subject to such terms and conditions as the 

8 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 any 

13 physical asset to be financed by the loan; 

14 ‘‘(B) a loan guaranteed under this sub15 section may not be subordinated to another debt 

16 contracted by the borrower or to any other 

17 claims against the borrowers in the case of de18 fault; 

19 ‘‘(C) a loan may not be guaranteed under 

20 this subsection unless the Secretary determines 

21 that the lender is responsible and that provision 

22 is made for servicing the loan on reasonable 

23 terms and in a manner that adequately protects 

24 the financial interest of the United States; 


tjames on DSKG8SOYB1PROD with BILLS
246 

•S 3605 RS 

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 significant 

8 collateral or security, as determined by the 

9 Secretary in coordination with the Sec10 retary of the Treasury, for other obligations 

11 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 


tjames on DSKG8SOYB1PROD with BILLS
247 

•S 3605 RS 

1 ‘‘(G) new loan guarantees may not be com2 mitted except to the extent that appropriations of 

3 budget authority to cover their costs are made in 

4 advance, as required under section 504 of the 

5 Federal Credit Reform Act of 1990 (2 U.S.C. 

6 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 made 

11 such further collection efforts and instituted such 

12 enforcement proceedings as the Secretary may re13 quire, the Secretary determines that the holder 

14 has suffered a loss, the Secretary shall pay to the 

15 holder the percentage of the loss specified in the 

16 guarantee contract. Upon making any such pay17 ment, the Secretary shall be subrogated to all the 

18 rights of the recipient of the payment. The Sec19 retary shall be entitled to recover from the bor20 rower the amount of any payments made pursu21 ant to any guarantee entered into under this sec22 tion. 

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 


tjames on DSKG8SOYB1PROD with BILLS
248 

•S 3605 RS 

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 Re10 form Act of 1990) is available. 

11 ‘‘(6) EVALUATION OF CREDIT RISK.— 

12 ‘‘(A) The Secretary shall periodically assess 

13 the credit risk of new and existing direct loans 

14 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 es20 timates for the loan guarantees under this 

21 section; and 

22 ‘‘(ii) submit to Congress a report on 

23 the review conducted under this paragraph. 

24 ‘‘(7) TERMINATION.—A loan may not be guaran25 teed under this section after September 30, 2013. 


tjames on DSKG8SOYB1PROD with BILLS
249 

•S 3605 RS 

1 ‘‘(8) AUTHORIZATION OF APPROPRIATIONS.— 

2 There are authorized to be appropriated— 

3 ‘‘(A) such sums as are necessary annually 

4 for the cost (as defined in section 502(5) of the 

5 Federal Credit Reform Act of 1990) of guaran6 teeing $300,000,000 in loans under this section, 

7 and 

8 ‘‘(B) such sums as may be necessary for ad9 ministrative expenses in fiscal year 2011 and 

10 thereafter, 

11 such sums to remain available until expended. 

12 ‘‘(e) REGIONAL INNOVATION RESEARCH AND INFORMA13 TION PROGRAM.— 

14 ‘‘(1) IN GENERAL.—As part of the program es15 tablished under subsection (a), the Secretary shall es16 tablish a regional innovation research and informa17 tion program— 

18 ‘‘(A) to gather, analyze, and disseminate in19 formation on best practices for regional innova20 tion strategies (including regional innovation 

21 clusters), including information relating to how 

22 innovation, productivity, and economic develop23 ment can be maximized through such strategies; 

24 ‘‘(B) to provide technical assistance, includ25 ing through the development of technical assistVerDate Mar 15 2010 00:40 Dec 11, 2010 Jkt 099200 PO 00000 Frm 00249 Fmt 6652 Sfmt 6203 E:\BILLS\S3605.RS S3605

tjames on DSKG8SOYB1PROD with BILLS
250 

•S 3605 RS 

1 ance guides, for the development and implemen2 tation of regional innovation strategies (includ3 ing regional innovation clusters); 

4 ‘‘(C) to support the development of relevant 

5 metrics and measurement standards to evaluate 

6 regional innovation strategies (including re7 gional innovation clusters), including the extent 

8 to which such strategies stimulate innovation, 

9 productivity, and economic development; and 

10 ‘‘(D) to collect and make available data on 

11 regional innovation cluster activity in the 

12 United States, including data on— 

13 ‘‘(i) the size, specialization, and com14 petitiveness of regional innovation clusters; 

15 ‘‘(ii) the regional domestic product 

16 contribution, total jobs and earnings by key 

17 occupations, establishment size, nature of 

18 specialization, patents, Federal research 

19 and development spending, and other rel20 evant information for regional innovation 

21 clusters; and 

22 ‘‘(iii) supply chain product and service 

23 flows within and between regional innova24 tion clusters. 


tjames on DSKG8SOYB1PROD with BILLS
251 

•S 3605 RS 

1 ‘‘(2) RESEARCH GRANTS.—The Secretary may 

2 award research grants on a competitive basis to sup3 port and further the goals of the program established 

4 under this subsection. 

5 ‘‘(3) DISSEMINATION OF INFORMATION.—Data 

6 and analysis compiled by the Secretary under the 

7 program established in this subsection shall be made 

8 available to other Federal agencies, State and local 

9 governments, and nonprofit and for-profit entities. 

10 ‘‘(4) REGIONAL INNOVATION GRANT PROGRAM.— 

11 The Secretary shall incorporate data and analysis re12 lating to any grant under subsection (b) or (c) and 

13 any loan guarantee under subsection (d) into the pro14 gram established under this subsection. 

15 ‘‘(f) INTERAGENCY COORDINATION.— 

16 ‘‘(1) IN GENERAL.—To the maximum extent 

17 practicable, the Secretary shall ensure that the activi18 ties carried out under this section are coordinated 

19 with, and do not duplicate the efforts of, other pro20 grams at the Department of Commerce or other Fed21 eral agencies. 

22 ‘‘(2) COLLABORATION.— 

23 ‘‘(A) IN GENERAL.—The Secretary shall ex24 plore and pursue collaboration with other Fed25 eral agencies, including through multiagency 


tjames on DSKG8SOYB1PROD with BILLS
252 

•S 3605 RS 

1 funding opportunities, on regional innovation 

2 strategies. 

3 ‘‘(B) SMALL BUSINESSES.—The Secretary 

4 shall ensure that such collaboration with Federal 

5 agencies prioritizes the needs and challenges of 

6 small businesses. 

7 ‘‘(g) EVALUATION.— 

8 ‘‘(1) IN GENERAL.—Not later than 3 years after 

9 the date of enactment of the America COMPETES 

10 Reauthorization Act of 2010, the Secretary shall enter 

11 into a contract with an independent entity, such as 

12 the National Academy of Sciences, to conduct an eval13 uation of the program established under subsection 

14 (a). 

15 ‘‘(2) REQUIREMENTS.—The evaluation shall in16 clude— 

17 ‘‘(A) whether the program is achieving its 

18 goals; 

19 ‘‘(B) any recommendations for how the pro20 gram may be improved; and 

21 ‘‘(C) a recommendation as to whether the 

22 program should be continued or terminated. 

23 ‘‘(h) DEFINITIONS.—In this section: 

24 ‘‘(1) REGIONAL INNOVATION CLUSTER.—The 

25 term ‘regional innovation cluster’ means a geographiVerDate Mar 15 2010 00:40 Dec 11, 2010 Jkt 099200 PO 00000 Frm 00252 Fmt 6652 Sfmt 6203 E:\BILLS\S3605.RS S3605

tjames on DSKG8SOYB1PROD with BILLS
253 

•S 3605 RS 

1 cally bounded network of similar, synergistic, or com2 plementary entities that— 

3 ‘‘(A) are engaged in or with a particular 

4 industry sector; 

5 ‘‘(B) have active channels for business 

6 transactions and communication; 

7 ‘‘(C) share specialized infrastructure, labor 

8 markets, and services; and 

9 ‘‘(D) leverage the region’s unique competi10 tive strengths to stimulate innovation and create 

11 jobs. 

12 ‘‘(2) SCIENCE PARK.—The term ‘Science park’ 

13 means a property-based venture, which has— 

14 ‘‘(A) master-planned property and build15 ings designed primarily for private-public re16 search and development activities, high tech17 nology and science-based companies, and re18 search and development support services; 

19 ‘‘(B) a contractual or operational relation20 ship with one or more science- or research-related 

21 institution of higher education or governmental 

22 or non-profit research laboratories; 

23 ‘‘(C) a primary mission to promote research 

24 and development through industry partnerships, 


tjames on DSKG8SOYB1PROD with BILLS
254 

•S 3605 RS 

1 assisting in the growth of new ventures and pro2 moting innovation-driven economic development; 

3 ‘‘(D) a role in facilitating the transfer of 

4 technology and business skills between researchers 

5 and industry teams; and 

6 ‘‘(E) a role in promoting technology-led eco7 nomic development for the community or region 

8 in which the science park is located. A science 

9 park may be owned by a governmental or not10 for-profit entity, but it may enter into partner11 ships or joint ventures with for-profit entities for 

12 development or management of specific compo13 nents of the park. 

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

15 several States, the District of Columbia, the Common16 wealth of Puerto Rico, the Virgin Islands, Guam, 

17 American Samoa, the Commonwealth of the Northern 

18 Mariana Islands, or any other territory or possession 

19 of the United States. 

20 ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There are 

21 authorized to be appropriated such sums as necessary for 

22 each of fiscal years 2011 through 2013 to carry out this 

23 section.’’. 


tjames on DSKG8SOYB1PROD with BILLS
255 

•S 3605 RS 

1 SEC. 604. STUDY ON ECONOMIC COMPETITIVENESS AND IN2 NOVATIVE CAPACITY OF UNITED STATES AND 

3 DEVELOPMENT OF NATIONAL ECONOMIC 

4 COMPETITIVENESS STRATEGY. 

5 (a) STUDY.— 

6 (1) IN GENERAL.—Not later than 1 year after 

7 the date of the enactment of this Act, the Secretary of 

8 Commerce shall complete a comprehensive study of the 

9 economic competitiveness and innovative capacity of 

10 the United States. 

11 (2) MATTERS COVERED.—The study required by 

12 paragraph (1) shall include the following: 

13 (A) An analysis of the United States econ14 omy and innovation infrastructure. 

15 (B) An assessment of the following: 

16 (i) The current competitive and inno17 vation performance of the United States 

18 economy relative to other countries that 

19 compete economically with the United 

20 States. 

21 (ii) Economic competitiveness and do22 mestic innovation in the current business 

23 climate, including tax and Federal regu24 latory policy. 

25 (iii) The business climate of the United 

26 States and those of other countries that 


tjames on DSKG8SOYB1PROD with BILLS
256 

•S 3605 RS 

1 compete economically with the United 

2 States. 

3 (iv) Regional issues that influence the 

4 economic competitiveness and innovation 

5 capacity of the United States, including— 

6 (I) the roles of State and local 

7 governments and institutions of higher 

8 education; and 

9 (II) regional factors that con10 tribute positively to innovation. 

11 (v) The effectiveness of the Federal 

12 Government in supporting and promoting 

13 economic competitiveness and innovation, 

14 including any duplicative efforts of, or gaps 

15 in coverage between, Federal agencies and 

16 departments. 

17 (vi) Barriers to competitiveness in 

18 newly emerging business or technology sec19 tors, factors influencing underperforming 

20 economic sectors, unique issues facing small 

21 and medium enterprises, and barriers to the 

22 development and evolution of start-ups, 

23 firms, and industries. 

24 (vii) The effects of domestic and inter25 national trade policy on the competitiveness 


tjames on DSKG8SOYB1PROD with BILLS
257 

•S 3605 RS 

1 of the United States and the United States 

2 economy. 

3 (viii) United States export promotion 

4 and export finance programs relative to ex5 port promotion and export finance pro6 grams of other countries that compete eco7 nomically with the United States, including 

8 Canada, France, Germany, Italy, Japan, 

9 Korea, and the United Kingdom, with not10 ing of export promotion and export finance 

11 programs carried out by such countries that 

12 are not analogous to any programs carried 

13 out by the United States. 

14 (ix) The effectiveness of current policies 

15 and programs affecting exports, including 

16 an assessment of Federal trade restrictions 

17 and State and Federal export promotion ac18 tivities. 

19 (x) The effectiveness of the Federal 

20 Government and Federally funded research 

21 and development centers in supporting and 

22 promoting technology commercialization 

23 and technology transfer. 

24 (xi) Domestic and international intel25 lectual property policies and practices. 


tjames on DSKG8SOYB1PROD with BILLS
258 

•S 3605 RS 

1 (xii) Manufacturing capacity, logistics, 

2 and supply chain dynamics of major export 

3 sectors, including access to a skilled work4 force, physical infrastructure, and 

5 broadband network infrastructure. 

6 (xiii) Federal and State policies relat7 ing to science, technology, and education 

8 and other relevant Federal and State poli9 cies designed to promote commercial inno10 vation, including immigration policies. 

11 (C) Development of recommendations on the 

12 following: 

13 (i) How the United States should in14 vest in human capital. 

15 (ii) How the United States should fa16 cilitate entrepreneurship and innovation. 

17 (iii) How best to develop opportunities 

18 for locally and regionally driven innovation 

19 by providing Federal support. 

20 (iv) How best to strengthen the eco21 nomic infrastructure and industrial base of 

22 the United States. 

23 (v) How to improve the international 

24 competitiveness of the United States. 

25 (3) CONSULTATION.— 


tjames on DSKG8SOYB1PROD with BILLS
259 

•S 3605 RS 

1 (A) IN GENERAL.—The study required by 

2 paragraph (1) shall be conducted in consultation 

3 with the National Economic Council of the Office 

4 of Policy Development, such Federal agencies as 

5 the Secretary considers appropriate, and the In6 novation Advisory Board established under sub7 paragraph (B). The Secretary shall also establish 

8 a process for obtaining comments from the pub9 lic. 

10 (B) INNOVATION ADVISORY BOARD.— 

11 (i) IN GENERAL.—The Secretary shall 

12 establish an Innovation Advisory Board for 

13 purposes of obtaining advice with respect to 

14 the conduct of the study required by para15 graph (1). 

16 (ii) COMPOSITION.—The Advisory 

17 Board established under clause (i) shall be 

18 comprised of 15 members, appointed by the 

19 Secretary— 

20 (I) who shall represent all major 

21 industry sectors; 

22 (II) a majority of whom should be 

23 from private industry, including large 

24 and small firms, representing advanced 


tjames on DSKG8SOYB1PROD with BILLS
260 

•S 3605 RS 

1 technology sectors and more traditional 

2 sectors that use technology; and 

3 (III) who may include economic 

4 or innovation policy experts, State and 

5 local government officials active in 

6 technology-based economic develop7 ment, and representatives from higher 

8 education. 

9 (iii) EXEMPTION FROM FACA.—The 

10 Federal Advisory Committee Act (5 U.S.C. 

11 App.) shall not apply to the advisory board 

12 established under clause (i). 

13 (b) STRATEGY.— 

14 (1) IN GENERAL.—Not later than 1 year after 

15 the completion of the study required by subsection (a), 

16 the Secretary shall develop, based on the study re17 quired by subsection (a)(1), a national 10-year strat18 egy to strengthen the innovative and competitive ca19 pacity of the Federal Government, State and local 

20 governments, United States institutions of higher edu21 cation, and the private sector of the United States. 

22 (2) ELEMENTS.—The strategy required by para23 graph (1) shall include the following: 


tjames on DSKG8SOYB1PROD with BILLS
261 

•S 3605 RS 

1 (A) Actions to be taken by individual Fed2 eral agencies and departments to improve com3 petitiveness. 

4 (B) Proposed legislative actions for consid5 eration by Congress. 

6 (C) Annual goals and milestones for the 10- 

7 year period of the strategy. 

8 (D) A plan for monitoring the progress of 

9 the Federal Government with respect to improv10 ing conditions for innovation and the competi11 tiveness of the United States. 

12 (c) REPORT.— 

13 (1) IN GENERAL.—Upon the completion of the 

14 strategy required by subsection (b), the Secretary of 

15 Commerce shall submit to Congress and the President 

16 a report on the study conducted under subsection (a) 

17 and the strategy developed under subsection (b). 

18 (2) ELEMENTS.—The report required by para19 graph (1) shall include the following: 

20 (A) The findings of the Secretary with re21 spect to the study conducted under subsection 

22 (a). 

23 (B) The strategy required by subsection (b). 


tjames on DSKG8SOYB1PROD with BILLS
262 

•S 3605 RS 

1 SEC. 605. PROMOTING USE OF HIGH-END COMPUTING SIM2 ULATION AND MODELING BY SMALL- AND ME3 DIUM-SIZED MANUFACTURERS. 

4 (a) FINDINGS.—Congress finds that— 

5 (1) the utilization of high-end computing simula6 tion and modeling by large-scale government contrac7 tors and Federal research entities has resulted in sub8 stantial improvements in the development of ad9 vanced manufacturing technologies; and 

10 (2) such simulation and modeling would also 

11 benefit small- and medium-sized manufacturers in the 

12 United States if such manufacturers were to deploy 

13 such simulation and modeling throughout their man14 ufacturing chains. 

15 (b) POLICY.—It is the policy of the United States to 

16 take all effective measures practicable to ensure that Federal 

17 programs and policies encourage and contribute to the use 

18 of high-end computing simulation and modeling in the 

19 United States manufacturing sector. 

20 (c) STUDY.— 

21 (1) IN GENERAL.—Not later than 30 days after 

22 the date of the enactment of this Act, the Secretary of 

23 Commerce, in consultation with the Secretary of En24 ergy and the Director of the Office of Science and 

25 Technology Policy, shall carry out, through an inter26 agency consulting process, a study of the barriers to 


tjames on DSKG8SOYB1PROD with BILLS
263 

•S 3605 RS 

1 the use of high-end computing simulation and mod2 eling by small- and medium-sized manufacturers in 

3 the United States. 

4 (2) FACTORS.—In carrying out the study re5 quired by paragraph (1), the Secretary of Commerce, 

6 in consultation with the Secretary of Energy and the 

7 Director of the Office of Science and Technology Pol8 icy, shall consider the following: 

9 (A) The access of small- and medium-sized 

10 manufacturers in the United States to high-per11 formance computing facilities and resources. 

12 (B) The availability of software and other 

13 applications tailored to meet the needs of such 

14 manufacturers. 

15 (C) Whether such manufacturers employ or 

16 have access to individuals with appropriate ex17 pertise for the use of such facilities and resources. 

18 (D) Whether such manufacturers have access 

19 to training to develop such expertise. 

20 (E) The availability of tools and other 

21 methods to such manufacturers to understand 

22 and manage the costs and risks associated with 

23 transitioning to the use of such facilities and re24 sources. 


tjames on DSKG8SOYB1PROD with BILLS
264 

•S 3605 RS 

1 (3) REPORT.—Not later than 270 days after the 

2 commencement of the study required by paragraph 

3 (1), the Secretary of Commerce shall, in consultation 

4 with the Secretary of Energy and the Director of the 

5 Office of Science and Technology Policy, submit to 

6 Congress a report on such study. Such report shall in7 clude such recommendations for such legislative or ad8 ministrative action as the Secretary of Commerce 

9 considers appropriate in light of the study to increase 

10 the utilization of high-end computing simulation and 

11 modeling by small- and medium-sized manufacturers 

12 in the United States. 

13 (d) AUTHORIZATION OF DEMONSTRATION AND PILOT

14 PROGRAMS.—As part of the study required by subsection 

15 (c)(1), the Secretary of Commerce, the Secretary of Energy, 

16 and the Director of the Office of Science and Technology 

17 Policy may carry out such demonstration or pilot programs 

18 as either Secretary or the Director considers appropriate 

19 to gather experiential data to evaluate the feasibility and 

20 advisability of a specific program or policy initiative to 

21 reduce barriers to the utilization of high-end computer mod22 eling and simulation by small- and medium-sized manufac23 turers in the United States. 


tjames on DSKG8SOYB1PROD with BILLS
265 

•S 3605 RS 

1 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

2 authorized to be appropriated such sums as may be nec3 essary to carry out this section. 

4 TITLE VII——NIST GREEN JOBS 

5 SEC. 701. SHORT TITLE. 

6 This title may be cited as the ‘‘NIST Grants for En7 ergy Efficiency, New Job Opportunities, and Business Solu8 tions Act of 2010’’ or the ‘‘NIST GREEN JOBS Act of 

9 2010’’. 

10 SEC. 702. FINDINGS. 

11 Congress finds the following: 

12 (1) Over its 20-year existence, the Hollings Man13 ufacturing Extension Partnership has proven its 

14 value to manufacturers as demonstrated by the result15 ing impact on jobs and the economies of all 50 States 

16 and the Nation as a whole. 

17 (2) The Hollings Manufacturing Extension Part18 nership has helped thousands of companies reinvest in 

19 themselves through process improvement and business 

20 growth initiatives leading to more sales, new markets, 

21 and the adoption of technology to deliver new prod22 ucts and services. 

23 (3) Manufacturing is an increasingly important 

24 part of the construction sector as the industry moves 


tjames on DSKG8SOYB1PROD with BILLS
266 

•S 3605 RS 

1 to the use of more components and factory built sub2 assemblies. 

3 (4) Construction practices must become more ef4 ficient and precise if the United States is to construct 

5 and renovate its building stock to reduce related car6 bon emissions to levels that are consistent with com7 bating global warming. 

8 (5) Many companies involved in construction are 

9 small, without access to innovative manufacturing 

10 techniques, and could benefit from the type of train11 ing and business analysis activities that the Hollings 

12 Manufacturing Extension Partnership routinely pro13 vides to the Nation’s manufacturers and their supply 

14 chains. 

15 (6) Broadening the competitiveness grant pro16 gram under section 25(f) of the National Institute of 

17 Standards and Technology Act (15 U.S.C. 278k(f)) 

18 could help develop and diffuse knowledge necessary to 

19 capture a large portion of the estimated $100 billion 

20 or more in energy savings if buildings in the United 

21 States met the level and quality of energy efficiency 

22 now found in buildings in certain other countries. 

23 (7) It is therefore in the national interest to ex24 pand the capabilities of the Hollings Manufacturing 


tjames on DSKG8SOYB1PROD with BILLS
267 

•S 3605 RS 

1 Extension Partnership to be supportive of the con2 struction and green energy industries. 

3 SEC. 703. NATIONAL INSTITUTE OF STANDARDS AND TECH4 NOLOGY COMPETITIVE GRANT PROGRAM. 

5 (a) IN GENERAL.—Section 25(f)(3) of the National In6 stitute of Standards and Technology Act (15 U.S.C. 

7 278k(f)(3)) is amended— 

8 (1) by striking ‘‘to develop’’ in the first sentence 

9 and inserting ‘‘to add capabilities to the MEP pro10 gram, including the development of’’; and 

11 (2) by striking the last sentence and inserting 

12 ‘‘Centers may be reimbursed for costs incurred under 

13 the program. These themes— 

14 ‘‘(A) shall be related to projects designed to 

15 increase the viability both of traditional manu16 facturing sectors and other sectors, such as con17 struction, that increasingly rely on manufac18 turing through the use of manufactured compo19 nents and manufacturing techniques, including 

20 supply chain integration and quality manage21 ment; 

22 ‘‘(B) shall be related to projects related to 

23 the transfer of technology based on the techno24 logical needs of manufacturers and available 

25 technologies from institutions of higher eduVerDate Mar 15 2010 00:40 Dec 11, 2010 Jkt 099200 PO 00000 Frm 00267 Fmt 6652 Sfmt 6203 E:\BILLS\S3605.RS S3605

tjames on DSKG8SOYB1PROD with BILLS
268 

•S 3605 RS 

1 cation, laboratories, and other technology pro2 ducing entities; and 

3 ‘‘(C) may extend beyond these traditional 

4 areas to include projects related to construction 

5 industry modernization.’’. 

6 (b) SELECTION.—Section 25(f)(5) of the National In7 stitute of Standards and Technology Act (15 U.S.C. 

8 278k(f)(5)) is amended to read as follows: 

9 ‘‘(5) SELECTION.— 

10 ‘‘(A) IN GENERAL.—Awards under this sec11 tion shall be peer reviewed and competitively 

12 awarded. The Director shall endeavor to select at 

13 least one proposal in each of the 9 statistical di14 visions of the United States (as designated by the 

15 Bureau of the Census). The Director shall select 

16 proposals to receive awards that will— 

17 ‘‘(i) create jobs or train newly hired 

18 employees; 

19 ‘‘(ii) promote technology transfer and 

20 commercialization of environmentally fo21 cused materials, products, and processes; 

22 ‘‘(iii) increase energy efficiency; and 

23 ‘‘(iv) improve the competitiveness of 

24 industries in the region in which the Center 

25 or Centers are located. 


tjames on DSKG8SOYB1PROD with BILLS
269 

•S 3605 RS 

1 ‘‘(B) ADDITIONAL SELECTION CRITERIA.— 

2 The Director may select proposals to receive 

3 awards that will— 

4 ‘‘(i) encourage greater cooperation and 

5 foster partnerships in the region with simi6 lar Federal, State, and locally funded pro7 grams to encourage energy efficiency and 

8 building technology; and 

9 ‘‘(ii) collect data and analyze the increasing 

10 connection between manufactured products and 

11 manufacturing techniques, the future of construc12 tion practices, and the emerging application of 

13 products from the green energy industries.’’. 

14 (c) OTHER MODIFICATIONS.—Section 25(f) of the Na15 tional Institute of Standards and Technology Act (15 

16 U.S.C. 278k(f)) is amended— 

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

18 ‘‘(7) DURATION.—Awards under this section 

19 shall last no longer than 3 years. 

20 ‘‘(8) ELIGIBLE PARTICIPANTS.—In addition to 

21 manufacturing firms eligible to participate in the 

22 Centers program, awards under this subsection may 

23 be used by the Centers to assist small- or medium24 sized construction firms. Centers may be reimbursed 


tjames on DSKG8SOYB1PROD with BILLS
270 

•S 3605 RS 

1 under the program for working with such eligible par2 ticipants. 

3 ‘‘(9) AUTHORIZATION OF APPROPRIATIONS.—In 

4 addition to any amounts otherwise authorized or ap5 propriated to carry out this section, there are author6 ized to be appropriated to the Secretary of Commerce 

7 $7,000,000 for each of the fiscal years 2011 through 

8 2013 to carry out this subsection.’’. 

9 TITLE VIII—GENERAL 

10 PROVISIONS 

11 SEC. 801. GOVERNMENT ACCOUNTABILITY OFFICE REVIEW. 

12 Not later than May 31, 2013, the Comptroller General 

13 of the United States shall submit a report to the Senate 

14 Committee on Commerce, Science, and Transportation and 

15 the House of Representatives Committee on Science and 

16 Technology that evaluates the status of the programs au17 thorized in this Act, including the extent to which such pro18 grams have been funded, implemented, and are contributing 

19 to achieving the goals of the Act. 

20 SEC. 802. SALARY RESTRICTIONS. 

21 (a) OBSCENE MATTER ON FEDERAL PROPERTY.— 

22 None of the funds authorized under this Act may be used 

23 to pay the salary of any individual who is convicted of vio24 lating section 1460 of title 18, United States Code. 


tjames on DSKG8SOYB1PROD with BILLS
271 

•S 3605 RS 

1 (b) USE OF FEDERAL COMPUTERS FOR CHILD POR2 NOGRAPHY OR EXPLOITATION OF MINORS.—None of the 

3 funds authorized under this Act may be used to pay the 

4 salary of any individual who is convicted of a violation 

5 of section 2252 of title 18, United States Code. 

6 SEC. 803. ADDITIONAL RESEARCH AUTHORITIES OF THE 

7 FCC. 

8 Title I of the Communications Act of 1934 (47 U.S.C. 

9 151 et seq.) is amended by adding at the end the following: 

10 ‘‘SEC. 12. ADDITIONAL RESEARCH AUTHORITIES OF THE 

11 FCC. 

12 ‘‘In order to carry out the purposes of this Act, the 

13 Commission may— 

14 ‘‘(1) undertake research and development work 

15 in connection with any matter in relation to which 

16 the Commission has jurisdiction; and 

17 ‘‘(2) promote the carrying out of such research 

18 and development by others, or otherwise to arrange 

19 for such research and development to be carried out 

20 by others.’’. 


tjames on DSKG8SOYB1PROD with BILLS
Calendar No. 687 

111TH CONGRESS 

2D SESSION S. 3605 

[Report No. 111–363] 

A BILL 

To invest in innovation through research and develUnited States, and for other purposes. opment, to improve the competitiveness of the 

DECEMBER 10, 2010 

Reported with an amendment 


tjames on DSKG8SOYB1PROD with BILLS