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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3605 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 3605

 To invest in innovation through research and development, to improve 
   the competitiveness of the United States, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             July 15, 2010

 Mr. Rockefeller  introduced the following bill; which was read twice 
 and referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL

 
 To invest in innovation through research and development, to improve 
   the competitiveness of the United States, and for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``America COMPETES 
Reauthorization Act of 2010'' or the ``America Creating Opportunities 
to Meaningfully Promote Excellence in Technology, Education, and 
Science Reauthorization Act of 2010''.
    (b) Table of Contents.--The table of contents for 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.
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.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Director.--
                    (A) In title I, the term ``Director'' means the 
                Director of the Office of Science and Technology 
                Policy.
                    (B) In title V, the term ``Director'' means the 
                Director of the National Institute of Science and 
                Technology.
            (2) STEM.--The term ``STEM'' means the academic and 
        professional disciplines of science, technology, engineering, 
        and mathematics.

            TITLE I--OFFICE OF SCIENCE AND TECHNOLOGY POLICY

SEC. 101. NATIONAL INNOVATION AND COMPETITIVENESS STRATEGY.

    Not later than one year after the date of the enactment of this 
Act, the Director of the Office of Science and Technology Policy shall 
submit to Congress and the President a national innovation and 
competitiveness strategy for strengthening the innovative and 
competitive capacity of the Federal Government, State and local 
governments, institutions of higher education, and the private sector 
that includes--
            (1) proposed legislative changes and action;
            (2) proposed actions to be taken collectively by executive 
        agencies, including White House offices;
            (3) proposed actions to be taken by individual executive 
        agencies, including White House offices; and
            (4) a proposal for metrics-based monitoring and oversight 
        of the progress of the Federal Government with respect to 
        improving conditions for the innovation occurring in and the 
        competitiveness of the United States.

SEC. 102. COORDINATION OF FEDERAL STEM EDUCATION.

    (a) Establishment.--The Director shall establish a committee under 
the National Science and Technology Council, including the Office of 
Management and Budget, with the responsibility to coordinate Federal 
programs and activities in support of STEM education, including at the 
National Science Foundation, the Department of Energy, the National 
Aeronautics and Space Administration, the National Oceanic and 
Atmospheric Administration, the Department of Education, and all other 
Federal agencies that have programs and activities in support of STEM 
education.
    (b) Responsibilities.--The committee established under subsection 
(a) shall--
            (1) coordinate the STEM education activities and programs 
        of the Federal agencies;
            (2) coordinate STEM education activities and programs with 
        the Office of Management and Budget;
            (3) review STEM education activities and programs to ensure 
        they are not duplicative of similar efforts within the Federal 
        government;
            (4) develop, implement through the participating agencies, 
        and update once every 5 years a 5-year STEM education strategic 
        plan, which shall--
                    (A) specify and prioritize annual and long-term 
                objectives;
                    (B) specify the common metrics that will be used to 
                assess progress toward achieving the objectives;
                    (C) describe the approaches that will be taken by 
                each participating agency to assess the effectiveness 
                of its STEM education programs and activities; and
                    (D) with respect to subparagraph (A), describe the 
                role of each agency in supporting programs and 
                activities designed to achieve the objectives; and
            (5) establish, periodically update, and maintain an 
        inventory of federally sponsored STEM education programs and 
        activities, including documentation of assessments of the 
        effectiveness of such programs and activities and rates of 
        participation by women, underrepresented minorities, and 
        persons in rural areas in such programs and activities.
    (b) Responsibilities of OSTP.--The Director shall encourage and 
monitor the efforts of the participating agencies to ensure that the 
strategic plan under subsection (b)(2) is developed and executed 
effectively and that the objectives of the strategic plan are met.
    (c) Report.--The Director shall transmit a report annually to 
Congress at the time of the President's budget request describing the 
plan required under subsection (b)(2). The annual report shall 
include--
            (1) a description of the STEM education programs and 
        activities for the previous and current fiscal years, and the 
        proposed programs and activities under the President's budget 
        request, of each participating Federal agency;
            (2) the levels of funding for each participating Federal 
        agency for the programs and activities described under 
        paragraph (1) for the previous fiscal year and under the 
        President's budget request;
            (3) an evaluation of the levels of duplication and 
        fragmentation of the programs and activities described under 
        paragraph (1);
            (4) except for the initial annual report, a description of 
        the progress made in carrying out the implementation plan, 
        including a description of the outcome of any program 
        assessments completed in the previous year, and any changes 
        made to that plan since the previous annual report; and
            (5) a description of how the participating Federal agencies 
        will disseminate information about federally supported 
        resources for STEM education practitioners, including teacher 
        professional development programs, to States and to STEM 
        education practitioners, including to teachers and 
        administrators in schools that meet the criteria described in 
        subsection (c)(1)(A) and (B) of section 3175 of the Department 
        of Energy Science Education Enhancement Act (42 U.S.C. 
        7381j(c)(1)(A) and (B)).

SEC. 103. CYBERINFRASTRUCTURE IMPROVEMENT STUDY.

    (a) In General.--The President's Innovation and Technology Advisory 
Committee, in coordination with the Office of Science and Technology 
Policy and the national coordination office of the Networking and 
Information Technology Research and Development Program, shall conduct 
a comprehensive study of the status of programs supporting innovation-
enabling cyberinfrastructure of regional, thematic, or technological 
importance in States that historically have received relatively little 
Federal research and development funding.
    (b) Contents.--The study shall include--
            (1) include a review of the previous 5 years of EPSCoR 
        Research Infrastructure Improvement Program applications and 
        awards and shall evaluate--
                    (A) the demand for hardware, software, network 
                capability and capacity, institutions, and expertise 
                related to cyberinfrastructure at institutions in 
                EPSCoR States; and
            (B) the success of RII Track-2 awards in achieving the 
        programmatic goals outlined by the National Science Foundation;
            (2) an analysis of the effectiveness of the National 
        Institutes of Health IDeANet initiative in broadening access to 
        high-performance computational resources; and
            (3) recommendations for ensuring accessibility and vitality 
        of cyberinfrastructure for scientific research and education.
    (c) Report.--The Committee shall submit a report containing its 
findings, conclusions, and recommendations to the Senate Committee on 
Commerce, Science, and Transportation and the House of Representatives 
Committee on Science and Technology within 180 days after the date of 
enactment of this Act.

SEC. 104. INTERAGENCY PUBLIC ACCESS COMMITTEE.

    (a) Establishment.--The Director shall establish a working group 
under the National Science and Technology Council with the 
responsibility to coordinate Federal science agency research and 
policies related to the dissemination and long-term stewardship of the 
results of unclassified research, including digital data and peer-
reviewed scholarly publications, supported wholly, or in part, by 
funding from the Federal science agencies.
    (b) Responsibilities.--The working group shall--
            (1) identify the specific objectives and public interest 
        being addressed by any policies coordinated under (a) that are 
        not or cannot be made to meet the needs of the private sector;
            (2) take into account inherent variability among Federal 
        science agencies and scientific disciplines in the nature of 
        research, types of data, and dissemination models;
            (3) coordinate the development or designation of standards 
        for research data, the structure of full text and metadata, 
        navigation tools, and other applications to maximize 
        interoperability across Federal science agencies, across 
        science and engineering disciplines, and between research data 
        and scholarly publications, taking into account existing 
        consensus standards, including international standards;
            (4) coordinate Federal science agency programs and 
        activities that support research and education on tools and 
        systems required to ensure preservation and stewardship of all 
        forms of digital research data, including scholarly 
        publications;
            (5) work with international science and technology 
        counterparts to maximize interoperability between United States 
        based unclassified research databases and international 
        databases and repositories;
            (6) solicit input and recommendations from, and collaborate 
        with, non-Federal stakeholders, including the public, 
        universities, nonprofit and for-profit publishers, libraries, 
        federally funded and non-federally funded research scientists, 
        and other organizations and institutions with a stake in long 
        term preservation and access to the results of federally funded 
        research;
            (7) establish priorities for coordinating the development 
        of any Federal science agency policies related to public access 
        to the results of federally funded research to maximize the 
        benefits of such policies with respect to their potential 
        economic or other impact on, the science and engineering 
        enterprise and the stakeholders thereof;
            (8) take into consideration the distinction between 
        scholarly publications and digital data;
            (9) the role that scientific publishers play in the peer 
        review process in ensuring the integrity of the record of 
        scientific research, including the investments and added value 
        that they make; and
            (10) examine Federal agency practices and procedures for 
        providing research reports to the agencies charged with 
        locating and preserving unclassified research.
    (c) Patent or Copyright Law.--Nothing in this section shall be 
construed to undermine any right under the provisions of title 17 or 
35, United States Code.
    (d) Application With Existing Law.--Nothing defined in section (b) 
shall be construed to affect existing law with respect to federal 
science agencies' policies related to public access.
    (e) Report to Congress.--Not later than 1 year after the date of 
enactment of this Act, the Director shall transmit a report to Congress 
describing--
            (1) the specific objectives and public interest identified 
        under (b)(1);
            (2) any priorities established under subsection (b)(7);
            (3) the impact the policies described under (a) have had on 
        the science and engineering enterprise and the stakeholders, 
        including the financial impact on research budgets;
            (4) the status of any Federal science agency policies 
        related to public access to the results of federally funded 
        research; and
            (5) how any policies developed or being developed by 
        Federal science agencies, as described in subsection (a), 
        incorporate input from the non-Federal stakeholders described 
        in subsection (b)(6).
    (f) Federal Science Agency Defined.--For the purposes of this 
section, the term ``Federal science agency'' means any Federal agency 
with an annual extramural research expenditure of over $100,000,000.

SEC. 105. FEDERAL SCIENTIFIC COLLECTIONS.

    (a) Management of Scientific Collections.--The Office of Science 
and Technology Policy shall develop policies for the management and use 
of Federal scientific collections to improve the quality, organization, 
access, including online access, and long-term preservation of such 
collections for the benefit of the scientific enterprise. . In 
developing those policies the Office of Science and Technology Policy 
shall consult, as appropriate, with--
            (1) Federal agencies with such collections; and
            (2) representatives of other organizations, institutions, 
        and other entities not a part of the Federal Government that 
        have a stake in the preservation, maintenance, and 
        accessibility of such collections, including State and local 
        government agencies, institutions of higher education, museums, 
        and other entities engaged in the acquisition, holding, 
        management, or use of scientific collections.
    (b) Clearinghouse.--The Office of Science and Technology Policy, in 
consultation with relevant Federal agencies, shall ensure the 
development of an online clearinghouse for information on the contents 
of and access to Federal scientific collections.
    (c) Disposal of Collections.--The policies developed under 
subsection (a) shall--
            (1) require that, before disposing of a scientific 
        collection, a Federal agency shall--
                    (A) conduct a review of the research value of the 
                collection; and
                    (B) consult with researchers who have used the 
                collection, and other potentially interested parties, 
                concerning--
                            (i) the collection's value for research 
                        purposes; and
                            (ii) possible additional educational uses 
                        for the collection; and
            (2) include procedures for Federal agencies to transfer 
        scientific collections they no longer need to researchers at 
        institutions or other entities qualified to manage the 
        collections.
    (d) Cost Projections.--The Office of Science and Technology Policy, 
in consultation with relevant Federal agencies, shall develop a common 
set of methodologies to be used by Federal agencies for the assessment 
and projection of costs associated with the management and preservation 
of their scientific collections.
    (e) Scientific Collection Defined.--In this section, the term 
``scientific collection'' means a set of physical specimens, living or 
inanimate, created for the purpose of supporting science and serving as 
a long-term research asset, rather than for their market value as 
collectibles or their historical, artistic, or cultural significance, 
and, as appropriate and feasible, the associated specimen data and 
materials.

SEC. 106. PRIZE COMPETITIONS.

    The Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 
3701 et seq.) is amended by adding at the end the following:

``SEC. 24. PRIZE COMPETITIONS.

    ``(a) Definitions.--In this section:
            ``(1) Agency.--The term `agency' means a Federal agency.
            ``(2) Director.--The term `Director' means the Director of 
        the Office of Science and Technology Policy.
            ``(3) Federal agency.--The term `Federal agency' has the 
        meaning given under section 4, except that term shall not 
        include any agency of the legislative branch of the Federal 
        Government.
            ``(4) Head of an agency.--The term `head of an agency' 
        means the head of a Federal agency.
    ``(b) In General.--Each head of an agency, or the heads of multiple 
agencies in cooperation, may carry out a program to award prizes 
competitively to stimulate innovation that has the potential to advance 
the mission of the respective agency.
    ``(c) Prizes.--For purposes of this section, a prize may be one or 
more of the following:
            ``(1) A point solution prize that rewards and spurs the 
        development of solutions for a particular, well-defined 
        problem.
            ``(2) An exposition prize that helps identify and promote a 
        broad range of ideas and practices that may not otherwise 
        attract attention, facilitating further development of the idea 
        or practice by third parties.
            ``(3) Participation prizes that create value during and 
        after the competition by encouraging contestants to change 
        their behavior or develop new skills that may have beneficial 
        effects during and after the competition.
            ``(4) Such other types of prizes as each head of an agency 
        considers appropriate to stimulate innovation that has the 
        potential to advance the mission of the respective agency.
    ``(d) Topics.--In selecting topics for prize competitions, the head 
of an agency shall consult widely both within and outside the Federal 
Government, and may empanel advisory committees.
    ``(e) Advertising.--The head of an agency shall widely advertise 
each prize competition to encourage broad participation.
    ``(f) Requirements and Registration.--For each prize competition, 
the head of an agency shall publish a notice in the Federal Register 
announcing--
            ``(1) the subject of the competition;
            ``(2) the rules for being eligible to participate in the 
        competition;
            ``(3) the process for participants to register for the 
        competition;
            ``(4) the amount of the prize; and
            ``(5) the basis on which a winner will be selected.
    ``(g) Eligibility.--To be eligible to win a prize under this 
section, an individual or entity--
            ``(1) shall have registered to participate in the 
        competition under any rules promulgated by the head of an 
        agency under subsection (f);
            ``(2) shall have complied with all the requirements under 
        this section;
            ``(3) in the case of a private entity, shall be 
        incorporated in and maintain a primary place of business in the 
        United States, and in the case of an individual, whether 
        participating singly or in a group, shall be a citizen or 
        permanent resident of the United States; and
            ``(4) may not be a Federal entity or Federal employee 
        acting within the scope of their employment.
    ``(h) Consultation With Federal Employees.--An individual or entity 
shall not be deemed ineligible under subsection (g) because the 
individual or entity used Federal facilities or consulted with Federal 
employees during a competition if the facilities and employees are made 
available to all individuals and entities participating in the 
competition on an equitable basis.
    ``(i) Liability.--
            ``(1) In general.--
                    ``(A) Definition.--In this paragraph, the term 
                `related entity' means a contractor or subcontractor at 
                any tier, and a supplier, user, customer, cooperating 
                party, grantee, investigator, or detailee.
                    ``(B) Liability.--Registered participants shall be 
                required to agree to assume any and all risks and waive 
                claims against the Federal Government and its related 
                entities, except in the case of willful misconduct, for 
                any injury, death, damage, or loss of property, 
                revenue, or profits, whether direct, indirect, or 
                consequential, arising from their participation in a 
                competition, whether the injury, death, damage, or loss 
                arises through negligence or otherwise.
            ``(2) Insurance.--Participants shall be required to obtain 
        liability insurance or demonstrate financial responsibility, in 
        amounts determined by the head of an agency, for claims by--
                    ``(A) a third party for death, bodily injury, or 
                property damage, or loss resulting from an activity 
                carried out in connection with participation in a 
                competition, with the Federal Government named as an 
                additional insured under the registered participant's 
                insurance policy and registered participants agreeing 
                to indemnify the Federal Government against third party 
                claims for damages arising from or related to 
                competition activities; and
                    ``(B) the Federal Government for damage or loss to 
                Government property resulting from such an activity.
            ``(3) Exception.--The head of an agency may not require a 
        participant to waive claims against the administering entity 
        arising out of the unauthorized use or disclosure by the agency 
        of the intellectual property, trade secrets, or confidential 
        business information of the participant.
    ``(j) Intellectual Property.--
            ``(1) Prohibition on the government acquiring intellectual 
        property rights.--The Federal Government may not gain an 
        interest in intellectual property developed by a participant in 
        a competition without the written consent of the participant.
            ``(2) Licenses.--The Federal Government may negotiate a 
        license for the use of intellectual property developed by a 
        participant for a competition.
    ``(k) Judges.--
            ``(1) In general.--For each competition, the head of an 
        agency, either directly or through an agreement under 
        subsection (l), shall appoint one or more qualified judges to 
        select the winner or winners of the prize competition on the 
        basis described under subsection (f). Judges for each 
        competition may include individuals from outside the agency, 
        including from the private sector.
            ``(2) Restrictions.--A judge may not--
                    ``(A) have personal or financial interests in, or 
                be an employee, officer, director, or agent of any 
                entity that is a registered participant in a 
                competition; or
                    ``(B) have a familial or financial relationship 
                with an individual who is a registered participant.
            ``(3) Guidelines.--The heads of agencies who carry out 
        competitions under this section shall develop guidelines to 
        ensure that the judges appointed for such competitions are 
        fairly balanced and operate in a transparent manner.
            ``(4) Exemption from faca.--The Federal Advisory Committee 
        Act (5 U.S.C. App.) shall not apply to any committee, board, 
        commission, panel, task force, or similar entity, created 
        solely for the purpose of judging prize competitions under this 
        section.
    ``(l) Administering the Competition.--The head of an agency may 
enter into an agreement with a private, nonprofit entity to administer 
a prize competition, subject to the provisions of this section.
    ``(m) Funding.--
            ``(1) In general.--Support for a prize competition under 
        this section, including financial support for the design and 
        administration of a prize or funds for a monetary prize purse, 
        may consist of Federal appropriated funds and funds provided by 
        the private sector for such cash prizes. The head of an agency 
        may accept funds from other Federal agencies to support such 
        competitions. The head of an agency may not give any special 
        consideration to any private sector entity in return for a 
        donation.
            ``(2) Availability of funds.--Notwithstanding any other 
        provision of law, funds appropriated for prize awards under 
        this section shall remain available until expended, and may be 
        transferred, reprogrammed, or expended for other purposes only 
        after the expiration of 10 fiscal years after the fiscal year 
        for which the funds were originally appropriated. No provision 
        in this section permits obligation or payment of funds in 
        violation of section 1341 of title 31, United States Code.
            ``(3) Amount of prize.--
                    ``(A) Announcement.--No prize may be announced 
                under subsection (f) until all the funds needed to pay 
                out the announced amount of the prize have been 
                appropriated or committed in writing by a private 
                source.
                    ``(B) Increase in amount.--The head of an agency 
                may increase the amount of a prize after an initial 
                announcement is made under subsection (f) only if--
                            ``(i) notice of the increase is provided in 
                        the same manner as the initial notice of the 
                        prize; and
                            ``(ii) the funds needed to pay out the 
                        announced amount of the increase have been 
                        appropriated or committed in writing by a 
                        private source.
            ``(4) Limitation on amount.--
                    ``(A) Notice to congress.--No prize competition 
                under this section may offer a prize in an amount 
                greater than $50,000,000 unless 30 days have elapsed 
                after written notice has been transmitted to the 
                Committee on Commerce, Science, and Transportation of 
                the Senate and the Committee on Science and Technology 
                of the House of Representatives.
                    ``(B) Approval of head of agency.--No prize 
                competition under this section may result in the award 
                of more than $1,000,000 in cash prizes without the 
                approval of the head of an agency.
    ``(n) General Service Administration Assistance.--Not later than 
180 days after the date of the enactment of the America COMPETES 
Reauthorization Act of 2010, the General Services Administration shall 
provide government wide services to share best practices and assist 
agencies in developing guidelines for issuing prize competitions. The 
General Services Administration shall develop a contract vehicle to 
provide agencies access to relevant products and services, including 
technical assistance in structuring and conducting prize competitions 
to take maximum benefit of the marketplace as they identify and pursue 
prize competitions to further the policy objectives of the Federal 
Government.
    ``(o) Compliance With Existing Law.--
            ``(1) In general.--The Federal Government shall not, by 
        virtue of offering or providing a prize under this section, be 
        responsible for compliance by registered participants in a 
        prize competition with Federal law, including licensing, export 
        control, and nonproliferation laws, and related regulations.
            ``(2) Other prize authority.--Nothing in this section 
        affects the prize authority authorized by any other provision 
        of law.
            ``(3) Repeal of space act limitation.--Section 314(a) of 
        the National Aeronautics and Space Act of 1958 (42 U.S.C. 
        2459f-1 is amended by striking ``The Administration may carry 
        out a program to award prizes only in conformity with this 
        section.''.
    ``(p) Annual Report.--
            ``(1) In general.--Not later than March 1 of each year, the 
        Director shall submit to the Committee on Commerce, Science, 
        and Transportation of the Senate and the Committee on Science 
        and Technology of the House of Representatives a report on the 
        activities carried out during the preceding fiscal year under 
        the authority in subsection (b).
            ``(2) Information included.--The report for a fiscal year 
        under this subsection shall include, for each prize competition 
        under subsection (b), the following:
                    ``(A) Proposed goals.--A description of the 
                proposed goals of each prize competition.
                    ``(B) Preferable method.--An analysis of why the 
                utilization of the authority in subsection (b) was the 
                preferable method of achieving the goals described in 
                subparagraph (A) as opposed to other authorities 
                available to the agency, such as contracts, grants, and 
                cooperative agreements.
                    ``(C) Amount of cash prizes.--The total amount of 
                cash prizes awarded for each prize competition, 
                including a description of amount of private funds 
                contributed to the program, the sources of such funds, 
                and the manner in which the amounts of cash prizes 
                awarded and claimed were allocated among the accounts 
                of the agency for recording as obligations and 
                expenditures.
                    ``(D) Solicitations and evaluation of 
                submissions.--The methods used for the solicitation and 
                evaluation of submissions under each prize competition, 
                together with an assessment of the effectiveness of 
                such methods and lessons learned for future prize 
                competitions.
                    ``(E) Resources.--A description of the resources, 
                including personnel and funding, used in the execution 
                of each prize competition together with a detailed 
                description of the activities for which such resources 
                were used and an accounting of how funding for 
                execution was allocated among the accounts of the 
                agency for recording as obligations and expenditures.
                    ``(F) Results.--A description of how each prize 
                competition advanced the mission of the agency 
                concerned.''.

        TITLE II--NATIONAL AERONAUTICS AND SPACE ADMINISTRATION.

SEC. 201. NASA'S CONTRIBUTION TO INNOVATION AND COMPETITIVENESS.

    It is the sense of Congress that a renewed emphasis on technology 
development would enhance current mission capabilities and enable 
future missions, while encouraging NASA, private industry, and academia 
to spur innovation. NASA's Innovative Partnership Program is a valuable 
mechanism to accelerate technology maturation and encourage the 
transfer of technology into the private sector.

SEC. 202. NASA'S CONTRIBUTION TO EDUCATION.

    (a) Sense of Congress.--It is the sense of Congress that NASA is 
uniquely positioned to interest students in science, technology, 
engineering, and mathematics, not only by the example it sets, but 
through its education programs.
    (b) Educational Program Goals.--NASA shall develop educational 
programs--
            (1) to carry out and support research based programs and 
        activities designed to increase student interest and 
        participation in STEM fields;
            (2) to improve public literacy in those fields;
            (3) that employ proven strategies and methods for improving 
        student learning and teaching in STEM fields;
            (4) to provide curriculum support materials and other 
        resources that--
                    (A) are designed to be integrated with 
                comprehensive STEM field education;
                    (B) are aligned with national science education 
                standards; and
                    (C) promote the adoption and implementation of 
                high-quality education practices that build toward 
                college and career-readiness; and
            (5) to create and support opportunities for enhanced and 
        ongoing professional development for teachers using best 
        practices that improve the STEM field content and knowledge of 
        the teachers.

SEC. 203. INTERNATIONAL SPACE STATION'S CONTRIBUTION TO NATIONAL 
              COMPETITIVENESS ENHANCEMENT.

    (a) Sense of Congress.--It is the sense of the Congress that the 
International Space Station represents a valuable and unique national 
asset which can be utilized to increase educational opportunities and 
scientific and technological innovation which will enhance the Nation's 
economic security and competitiveness in the global technology fields 
of endeavor. If the period for active utilization of the International 
Space Station is extended to at least the year 2020, the potential for 
such opportunities and innovation would be increased. Efforts should be 
made to fully realize that potential.
    (b) Evaluation and Assessment of NASA's Interagency Contribution.--
Pursuant to the authority provided in title II of the America COMPETES 
Act (Public Law 110-69), the Administrator shall evaluate and, where 
possible, expand efforts to maximize NASA's contribution to interagency 
efforts to enhance science, technology, engineering, and mathematics 
education capabilities, and to enhance the Nation's technological 
excellence and global competitiveness. The Administrator shall identify 
these enhancements in the annual reports required by section 2001(e) of 
that Act (42 U.S.C. 16611a(e)).
    (c) Report to the Congress.--Within 120 days after the date of 
enactment of this Act, the Administrator shall provide to the House of 
Representatives Committee on Science and Technology and the Senate 
Committee on Commerce, Science, and Transportation a report on the 
assessment made pursuant to subsection (a). The report shall include--
            (1) a description of current and potential activities 
        associated with utilization of the International Space Station 
        which are supportive of the goals of educational excellence and 
        innovation and competitive enhancement established or 
        reaffirmed by this Act, including a summary of the goals 
        supported, the number of individuals or organizations 
        participating in or benefiting from such activities, and a 
        summary of how such activities might be expanded or improved 
        upon;
            (2) a description of government and private partnerships 
        which are, or may be, established to effectively utilize the 
        capabilities represented by the International Space Station to 
        enhance United States competitiveness, innovation and science, 
        technology, engineering, and mathematics education; and
            (3) a summary of proposed actions or activities to be 
        undertaken to ensure the maximum utilization of the 
        International Space Station to contribute to fulfillment of the 
        goals and objectives of this Act, and the identification of any 
        additional authority, assets, or funding that would be required 
        to support such activities.

SEC. 204. DEFINITIONS.

    In this title:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of NASA.
            (2) NASA.--The term ``NASA'' means the National Aeronautics 
        and Space Administration.

               TITLE III--OCEAN AND ATMOSPHERIC PROGRAMS

SEC. 301. OCEANIC AND ATMOSPHERIC RESEARCH AND DEVELOPMENT PROGRAM.

    Section 4001 of the America COMPETES Act (33 U.S.C. 893) is 
amended--
            (1) by inserting ``(a) In General.--'' before ``The 
        Administrator''; and
            (2) by adding at the end the following:
    ``(b) Ocean and Atmospheric Research and Development Program.--The 
Administrator shall implement programs and activities--
            ``(1) to identify emerging and innovative research and 
        development priorities to enhance U.S. competitiveness, support 
        development of new economic opportunities based on NOAA 
        research, observations, monitoring modeling, and predictions 
        that sustain ecosystem services;
            ``(2) to promote United States leadership in ocean and 
        atmospheric science and competitiveness in the applied uses of 
        such knowledge, including for the development and expansion of 
        economic opportunities; and
            ``(3) to advance ocean, coastal, Great Lakes, and 
        atmospheric research and development, including potentially 
        transformational research, in collaboration with other relevant 
        Federal agencies, academic institutions, the private sector, 
        and nongovernmental programs, consistent with the 
        Administration's mission to understand, observe, and model the 
        Earth's atmosphere and biosphere, including the oceans, in an 
        integrated manner.
    ``(c) Report.--No later than 12 months after the date of enactment 
of the America COMPETES Reauthorization Act of 2010, the Administrator, 
in consultation with the National Science Foundation or other such 
agencies with mature transformational research portfolios, shall 
develop and submit a report to describe NOAA's strategy for enhancing 
transformational research in its research and development portfolio to 
increase United States competitiveness in oceanic and atmospheric 
science and technology. The report shall--
            ``(1) define `transformational research';
            ``(2) identify emerging and innovative areas of research 
        and development where transformational research has the 
        potential to make significant and revolutionary -advancements 
        in both understanding and U.S. science leadership;
            ``(3) describe how transformational research priorities are 
        identified and appropriately -balanced in the context of NOAA's 
        broader research portfolio;
            ``(4) describe NOAA's plan for developing a competitive 
        peer review and priority-setting -process, funding mechanisms, 
        performance and evaluation measures, and transition-to-
        operation guidelines for transformational research; and
            ``(5) describe partnerships with other agencies involved in 
        transformational research.
    ``(d) Partnerships and Agreements.--
            ``(1) In general.--The Administrator may execute such 
        contracts, leases, grants, cooperative agreements, or other 
        agreements and transactions with any agency or instrumentality 
        of the United States, any State, local, tribal, territorial or 
        foreign government, or with any person, corporation, firm, 
        partnership, educational institution, nonprofit organization, 
        or international organization as may be necessary to carry out 
        this title.
            ``(2) Specific authority.--Notwithstanding any other 
        provision of law, the Administrator may--
                    ``(A) execute long term leases of up to 20 years 
                for the use of unimproved land to site small shelter 
                facilities, antennae, and equipment including weather, 
                tide, tidal currents, river, and air sampling or 
                measuring equipment;
                    ``(B) grant long term licenses of up to 20 years at 
                no cost to site facilities and equipment including 
                weather, tide, tidal currents, river, and air sampling 
                or measuring equipment;
                    ``(C) acquire (by purchase, lease, or otherwise), 
                lease, sell, and dispose of or convey services, money, 
                securities, or property (whether real, personal, 
                intellectual, or of any other kind) or an interest 
                therein;
                    ``(D) construct, improve, repair, operate, 
                maintain, outgrant, and dispose of real or personal 
                property, including buildings, facilities, and land; 
                and
                    ``(E) waive capital lease scoring requirements for 
                any lease of space on commercial antennas to support 
                weather radio equipment, air sampling, or measuring 
                equipment.
            ``(3) Certain leased equipment.--Notwithstanding any other 
        provision of law, rule, or regulation, leases of antenna or 
        equipment on towers or other structures shall be considered 
        operating leases for the purpose of capital lease scoring.
            ``(4) Authority to receive funds.--The Administrator may 
        accept, retain, and use funds received from any party pursuant 
        to an agreement entered into under this subsection for 
        activities furthering the purposes of this title.''.

SEC. 302. OCEAN AND ATMOSPHERIC SCIENCE EDUCATION PROGRAMS.

    Section 4002 of the America COMPETES Act (33 U.S.C. 893a) is 
amended--
            (1) by striking ``the agency.'' in subsection (a) and 
        inserting ``agency, with consideration given to the goal of 
        promoting the participation of individuals from 
        underrepresented groups in STEM fields and in promoting the 
        acquisition and retention of highly qualified and motivated 
        young scientists to complement and supplement workforce 
        needs.'';
            (2) by redesignating subsections (b) and (c) as subsections 
        (c) and (d), respectively;
            (3) by inserting after subsection (a) the following:
    ``(b) Educational Program Goals.--The education programs developed 
by NOAA shall, to the extent applicable--
            ``(1) carry out and support research based programs and 
        activities designed to increase student interest and 
        participation in STEM;
            ``(2) improve public literacy in STEM;
            ``(3) employ proven strategies and methods for improving 
        student learning and teaching in STEM;
            ``(4) provide curriculum support materials and other 
        resources that--
                    ``(A) are designed to be integrated with 
                comprehensive STEM education;
                    ``(B) are aligned with national science education 
                standards; and
                    ``(C) produce the adoption and implementation of 
                high-quality education practices that build toward 
                college and career-readiness; and
            ``(5) create and support opportunities for enhanced and 
        ongoing professional development for teachers using best 
        practices that improves the STEM content and knowledge of the 
        teachers.'';
            (4) by striking ``develop'' in subsection (c), as 
        redesignated, and inserting ``maintain''; and
            (5) by adding at the end thereof the following:
    ``(e) STEM Fields Defined.--In this section, the term `STEM fields' 
means the academic and professional disciplines of science, technology, 
engineering, and mathematics.''.

SEC. 303. WORKFORCE STUDY.

    (a) In General.--The Secretary of Commerce, in cooperation with the 
Secretary of Education, shall request the National Academy of Sciences 
to conduct a study on the scientific workforce in the areas of oceanic 
and atmospheric research and development. The study shall investigate--
            (1) whether there is a shortage in the number of 
        individuals with advanced degrees in oceanic and atmospheric 
        sciences who have the ability to conduct high quality 
        scientific research in physical and chemical oceanography, 
        meteorology, and atmospheric modeling, and related fields, for 
        government, nonprofit, and private sector entities;
            (2) what Federal programs are available to help facilitate 
        the education of students hoping to pursue these degrees;
            (3) barriers to transitioning highly qualified oceanic and 
        atmospheric scientists into Federal civil service scientist 
        career tracks;
            (4) what institutions of higher education, the private 
        sector, and the Congress could do to increase the number of 
        individuals with such post baccalaureate degrees;
            (5) the impact of an aging Federal scientist workforce on 
        the ability of Federal agencies to conduct high quality 
        scientific research; and
            (6) what actions the Federal government can take to assist 
        the transition of highly qualified scientists into Federal 
        career scientist positions and ensure that the experiences of 
        retiring Federal scientists are adequately documented and 
        transferred prior to retirement from Federal service.
    (b) Coordination.--The Secretary and the Secretary of Education 
shall consult with the heads of other Federal agencies and departments 
with oceanic and atmospheric expertise or authority in preparing the 
specifications for the study.
    (c) Report.--No later than 18 months after the date of enactment of 
this Act, the Secretary and the Secretary of Education shall transmit a 
joint report to each committee of Congress with jurisdiction over the 
programs described in 4002(b) of the America COMPETES Act (33 U.S.C. 
893a(b)), as amended by section 302 of this Act, detailing the findings 
and recommendations of the study and setting forth a prioritized plan 
to implement the recommendations.
    (d) Program and Plan.--The Administrator shall evaluate the 
National Academy of Sciences study and develop a workforce program and 
plan to institutionalize the Administration's Federal science career 
pathways and address aging workforce issues. The program and plan shall 
be developed in consultation with the Administration's cooperative 
institutes and other academic partners to identify and implement 
programs and mechanisms to ensure that--
            (1) sufficient highly qualified scientists are able to 
        transition into Federal career scientist positions in the 
        Administration's laboratories and programs; and
            (2) the technical and management experiences of senior 
        employees are documented and transferred before leaving Federal 
        service.

        TITLE IV--NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

SEC. 401. SHORT TITLE.

    This title may be cited as the ``National Institute of Standards 
and Technology Authorization Act of 2010''.

SEC. 402. AUTHORIZATION OF APPROPRIATIONS.

    (a) Fiscal Year 2011.--
            (1) In general.--There are authorized to be appropriated to 
        the Secretary of Commerce $1,000,500,000 for the National 
        Institute of Standards and Technology for fiscal year 2011.
            (2) Specific allocations.--Of the amount authorized by 
        paragraph (1)--
                    (A) $625,500,000 shall be authorized for scientific 
                and technical research and services laboratory 
                activities;
                    (B) $125,000,000 shall be authorized for the 
                construction and maintenance of facilities; and
                    (C) $250,000,000 shall be authorized for industrial 
                technology services activities, of which--
                            (i) $95,000,000 shall be authorized for the 
                        Technology Innovation Program under section 28 
                        of the National Institute of Standards and 
                        Technology Act (15 U.S.C. 278n);
                            (ii) $145,000,000 shall be authorized for 
                        the Manufacturing Extension Partnership program 
                        under sections 25 and 26 of such Act (15 U.S.C. 
                        278k and 278l), of which not more than 
                        $5,000,000 shall be for the competitive grant 
                        program under section 25(f) of such Act; and
                            (iii) $10,000,000 shall be authorized for 
                        the Malcolm Baldrige National Quality Award 
                        program under section 17 of the Stevenson-
                        Wydler Technology Innovation Act of 1980 (15 
                        U.S.C. 3711a).
    (b) Fiscal Year 2012.--
            (1) In general.--There are authorized to be appropriated to 
        the Secretary of Commerce $1,024,100,000 for the National 
        Institute of Standards and Technology for fiscal year 2012.
            (2) Specific allocations.--Of the amount authorized by 
        paragraph (1)--
                    (A) $669,100,000 shall be authorized for scientific 
                and technical research and services laboratory 
                activities;
                    (B) $85,000,000 shall be authorized for the 
                construction and maintenance of facilities; and
                    (C) $270,300,000 shall be authorized for industrial 
                technology services activities, of which--
                            (i) $105,000,000 shall be authorized for 
                        the Technology Innovation Program under section 
                        28 of the National Institute of Standards and 
                        Technology Act (15 U.S.C. 278n);
                            (ii) $155,000,000 shall be authorized for 
                        the Manufacturing Extension Partnership program 
                        under sections 25 and 26 of such Act (15 U.S.C. 
                        278k and 278l), of which not more than 
                        $5,000,000 shall be for the competitive grant 
                        program under section 25(f) of such Act; and
                            (iii) $10,300,000 shall be authorized for 
                        the Malcolm Baldrige National Quality Award 
                        program under section 17 of the Stevenson-
                        Wydler Technology Innovation Act of 1980 (15 
                        U.S.C. 3711a).
    (c) Fiscal Year 2013.--
            (1) In general.--There are authorized to be appropriated to 
        the Secretary of Commerce $1,128,409,000 for the National 
        Institute of Standards and Technology for fiscal year 2013.
            (2) Specific allocations.--Of the amount authorized by 
        paragraph (1)--
                    (A) $715,800,000 shall be authorized for scientific 
                and technical research and services laboratory 
                activities;
                    (B) $122,000,000 shall be authorized for the 
                construction and maintenance of facilities; and
                    (C) $290,609,000 shall be authorized for industrial 
                technology services activities, of which--
                            (i) $115,000,000 shall be authorized for 
                        the Technology Innovation Program under section 
                        28 of the National Institute of Standards and 
                        Technology Act (15 U.S.C. 278n);
                            (ii) $165,000,000 shall be authorized for 
                        the Manufacturing Extension Partnership program 
                        under sections 25 and 26 of such Act (15 U.S.C. 
                        278k and 278l), of which not more than 
                        $5,000,000 shall be for the competitive grant 
                        program under section 25(f) of such Act; and
                            (iii) $10,609,000 shall be authorized for 
                        the Malcolm Baldrige National Quality Award 
                        program under section 17 of the Stevenson-
                        Wydler Technology Innovation Act of 1980 (15 
                        U.S.C. 3711a).

SEC. 403. UNDER SECRETARY OF COMMERCE FOR STANDARDS AND TECHNOLOGY.

    (a) Establishment.--Section 4 of the National Institute of 
Standards and Technology Act is amended to read as follows:

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

    ``(a) Establishment.--There shall be in the Department of Commerce 
an Under Secretary of Commerce for Standards and Technology (in this 
section referred to as the `Under Secretary').
    ``(b) Appointment.--The Under Secretary shall be appointed by the 
President by and with the advice and consent of the Senate.
    ``(c) Compensation.--The Under Secretary shall be compensated at 
the rate in effect for level III of the Executive Schedule under 
section 5314 of title 5, United States Code.
    ``(d) Duties.--The Under Secretary shall serve as the Director of 
the Institute and shall perform such duties as required of the Director 
by the Secretary under this Act or by law.
    ``(e) Applicability.--The individual serving as the Director of the 
Institute on the date of enactment of the National Institute of 
Standards and Technology Authorization Act of 2010 shall also serve as 
the Under Secretary until such time as a successor is appointed under 
subsection (b).''.
    (b) Conforming Amendments.--
            (1) Title 5, united states code.--
                    (A) Level iii.--Section 5314 of title 5, United 
                States Code, is amended by inserting before the item 
                ``Associate Attorney General'' the following:
            ``Under Secretary of Commerce for Standards and Technology, 
        who also serves as Director of the National Institute of 
        Standards and Technology.''.
                    (B) Level iv.--Section 5315 of title 5, United 
                States Code, is amended by striking ``Director, 
                National Institute of Standards and Technology, 
                Department of Commerce.''.
            (2) National institute of standards and technology act.--
        Section 5 of the National Institute of Standards and Technology 
        Act (15 U.S.C. 274) is amended by striking the first, fifth, 
        and sixth sentences.

SEC. 404. MANUFACTURING EXTENSION PARTNERSHIP.

    (a) Community College Support.--Section 25(a) of the National 
Institute of Standards and Technology Act (15 U.S.C. 278k(a)) is 
amended--
            (1) by striking ``and'' after the semicolon in paragraph 
        (4);
            (2) by striking ``Institute.'' in paragraph (5) and 
        inserting ``Institute; and''; and
            (3) by adding at the end the following:
            ``(6) providing to community colleges information about the 
        job skills needed in small- and medium-sized manufacturing 
        businesses in the regions they serve.''.
    (b) Innovative Services Initiative.--Section 25 of such Act (15 
U.S.C. 278k) is amended by adding at the end the following:
    ``(g) Innovative Services Initiative.--
            ``(1) Establishment.--The Director may establish, within 
        the Centers program under this section, an innovative services 
        initiative to assist small- and medium-sized manufacturers in--
                    ``(A) reducing their energy usage and environmental 
                waste to improve profitability; and
                    ``(B) accelerating the domestic commercialization 
                of new product technologies, including components for 
                renewable energy systems.
            ``(2) Market demand.--The Director may not undertake any 
        activity to accelerate the domestic commercialization of a new 
        product technology under this subsection unless an analysis of 
        market demand for the new product technology has been 
        conducted.''.
    (c) Reports.--Section 25 of such Act (15 U.S.C. 278k), as amended 
by subsection (b), is further amended by adding at the end the 
following:
    ``(h) Reports.--
            ``(1) In general.--In submitting the 3-year programmatic 
        planning document and annual updates under section 23, the 
        Director shall include an assessment of the Director's 
        governance of the program established under this section.
            ``(2) Criteria.--In conducting the assessment, the Director 
        shall use the criteria established pursuant to the Malcolm 
        Baldrige National Quality Award under section 17(d)(1)(C) of 
        the Stevenson-Wydler Technology Innovation Act of 1980 (15 
        U.S.C. 3711a(d)(1)(C)).''.
    (d) Hollings Manufacturing Extension Partnership Program Cost-
Sharing.--Section 25(c) of such Act (15 U.S.C. 278k(c)) is amended by 
adding at the end the following:
            ``(7) Notwithstanding paragraphs (1), (3), and (5), for 
        fiscal year 2011 through fiscal year 2013, the Secretary may 
        not provide to a Center more than 50 percent of the costs 
        incurred by that Center and may not require that a Center's 
        cost share exceed 50 percent.
            ``(8) Not later than 2 years after the date of enactment of 
        the National Institute of Standards and Technology 
        Authorization Act of 2010, the Secretary shall submit to 
        Congress a report on the cost share requirements under the 
        program. The report shall--
                    ``(A) discuss various cost share structures, 
                including the cost share structure in place prior to 
                such date of enactment and the cost share structure in 
                place under paragraph (7), and the effect of such cost 
                share structures on individual Centers and the overall 
                program; and
                    ``(B) include a recommendation for how best to 
                structure the cost share requirement after fiscal year 
                2013 to provide for the long-term sustainability of the 
                program.''.
    (e) Advisory Board.--Section 25(e)(4) of such Act (15 U.S.C. 
278k(e)(4)) is amended to read as follows:
            ``(4) Federal advisory committee act applicability.--
                    ``(A) In general.--In discharging its duties under 
                this subsection, the MEP Advisory Board shall function 
                solely in an advisory capacity, in accordance with the 
                Federal Advisory Committee Act.
                    ``(B) Exception.--Section 14 of the Federal 
                Advisory Committee Act shall not apply to the MEP 
                Advisory Board.''.
    (f) Designation of Program.--
            (1) In general.--Section 25 of the National Institute of 
        Standards and Technology Act (15 U.S.C. 278k), as amended by 
        subsection (c), is further amended by adding at the end the 
        following:
    ``(i) Designation.--
            ``(1) Hollings manufacturing extension partnership.--The 
        program under this section shall be known as the `Hollings 
        Manufacturing Extension Partnership'.
            ``(2) Hollings manufacturing extension centers.--The 
        Regional Centers for the Transfer of Manufacturing Technology 
        created and supported under subsection (a) shall be known as 
        the `Hollings Manufacturing Extension Centers' (in this Act 
        referred to as the `Centers').''.
            (2) Conforming amendment to consolidated appropriations 
        act, 2005.--Division B of title II of the Consolidated 
        Appropriations Act, 2005 (Public Law 108-447; 118 Stat. 2879; 
        15 U.S.C. 278k note) is amended under the heading ``industrial 
        technology services'' by striking ``2007: Provided further, 
        That'' and all that follows through ``Extension Centers.'' and 
        inserting ``2007.''.
            (3) Technical amendments.--
                    (A) Section 25(a) of the National Institute of 
                Standards and Technology Act (15 U.S.C. 278k(a)) is 
                amended in the matter preceding paragraph (1) by 
                striking ``Regional Centers for the Transfer of 
                Manufacturing Technology'' and inserting ``regional 
                centers for the transfer of manufacturing technology''.
                    (B) Section 25 of such Act (15 U.S.C. 278k), as 
                amended by subsection (f), is further amended by adding 
                at the end the following:
    ``(j) Community College Defined.--In this section, the term 
`community college' means an institution of higher education (as 
defined under section 101(a) of the Higher Education Act of 1965 (20 
U.S.C. 1001(a))) at which the highest degree that is predominately 
awarded to students is an associate's degree.''.
    (h) Evaluation of Obstacles Unique to Small Manufacturers.--Section 
25 of such Act (15 U.S.C. 278k), as amended by subsection (g), is 
further amended by adding at the end the following:
    ``(k) Evaluation of Obstacles Unique to Small Manufacturers.--The 
Director shall--
            ``(1) evaluate obstacles that are unique to small 
        manufacturers that prevent such manufacturers from effectively 
        competing in the global market;
            ``(2) implement a comprehensive plan to train the Centers 
        to address such obstacles; and
            ``(3) facilitate improved communication between the Centers 
        to assist such manufacturers in implementing appropriate, 
        targeted solutions to such obstacles.''.
    (i) NIST Act Amendment.--Section 25(f)(3) of the National Institute 
of Standards and Technology Act (15 U.S.C. 278k(f)(3)) is amended by 
striking ``Director of the Centers program,'' and inserting ``Director 
of the Hollings MEP program,''.

SEC. 405. EMERGENCY COMMUNICATION AND TRACKING TECHNOLOGIES RESEARCH 
              INITIATIVE.

    (a) Establishment.--The Director shall establish a research 
initiative to support the development of emergency communication and 
tracking technologies for use in locating trapped individuals in 
confined spaces, such as underground mines, and other shielded 
environments, such as high-rise buildings or collapsed structures, 
where conventional radio communication is limited.
    (b) Activities.--In order to carry out this section, the Director 
shall work with the private sector and appropriate Federal agencies 
to--
            (1) perform a needs assessment to identify and evaluate the 
        measurement, technical standards, and conformity assessment 
        needs required to improve the operation and reliability of such 
        emergency communication and tracking technologies;
            (2) support the development of technical standards and 
        conformance architecture to improve the operation and 
        reliability of such emergency communication and tracking 
        technologies; and
            (3) incorporate and build upon existing reports and studies 
        on improving emergency communications.
    (c) Report.--Not later than 18 months after the date of enactment 
of this Act, the Director shall submit to Congress and make publicly 
available a report describing the assessment performed under subsection 
(b)(1) and making recommendations about research priorities to address 
gaps in the measurement, technical standards, and conformity assessment 
needs identified by the assessment.

SEC. 406. BROADENING PARTICIPATION.

    (a) Research Fellowships.--Section 18 of the National Institute of 
Standards and Technology Act (15 U.S.C. 278g-1) is amended by adding at 
the end the following:
    ``(c) Underrepresented Minorities.--In evaluating applications for 
fellowships under this section, the Director shall give consideration 
to the goal of promoting the participation of underrepresented 
minorities in research areas supported by the Institute.''.
    (b) Postdoctoral Fellowship Program.--Section 19 of such Act (15 
U.S.C. 278g-2) is amended by adding at the end the following: ``In 
evaluating applications for fellowships under this section, the 
Director shall give consideration to the goal of promoting the 
participation of underrepresented minorities in research areas 
supported by the Institute.''.
    (c) Teacher Development.--Section 19A(c) of such Act (15 U.S.C. 
278g-2a(c)) is amended by adding at the end the following: ``The 
Director shall give special consideration to an application from a 
teacher from a high-need school, as defined in section 200 of the 
Higher Education Act of 1965 (20 U.S.C. 1021).''.

SEC. 407. NIST FELLOWSHIPS.

    (a) Post-Doctoral Fellowship Program.--Section 19 of the National 
Institute of Standards and Technology Act (15 U.S.C. 278g) is amended 
by striking ``in conjunction with the National Academy of Sciences,''.
    (b) Research Fellowships.--Section 18(a) of that Act (15 U.S.C. 
278g(a)) is amended by striking ``up to 1.5 percent of the''.
    (c) Commerce, Science, and Technology Fellowship Program.--Section 
5163(d) of the Omnibus Trade and Competition Act of 1988 (15 U.S.C. 
1533) is repealed.

SEC. 408. GREEN MANUFACTURING AND CONSTRUCTION.

    The Director shall carry out a green manufacturing and construction 
initiative--
            (1) to develop accurate sustainability metrics and 
        practices for use in manufacturing;
            (2) to advance the development of standards and the 
        creation of an information infrastructure to communicate 
        sustainability information about suppliers; and
            (3) to improve energy performance, service life, and indoor 
        air quality of new and retrofitted buildings through validated 
        measurement data.

SEC. 409. CYBERSECURITY COMPETITION AND CHALLENGE.

    (a) In General.--The Director of the National Institute of 
Standards and Technology, directly or through appropriate Federal 
entities, shall establish cybersecurity competitions and challenges 
with cash prizes in order to--
            (1) attract, identify, evaluate, and recruit talented 
        individuals for the Federal information technology workforce; 
        and
            (2) stimulate innovation in basic and applied cybersecurity 
        research, technology development, and prototype demonstration 
        that have the potential for application to the Federal 
        information technology activities of the Federal Government.
    (b) Types of Competitions and Challenges.--The Director shall 
establish different competitions and challenges targeting the following 
groups:
            (1) High school students.
            (2) Undergraduate students.
            (3) Graduate students.
            (4) Academic and research institutions.
    (c) Topics.--In selecting topics for prize competitions, the 
Director shall consult widely both within and outside the Federal 
Government, and may empanel advisory committees.
    (d) Use of Federal Insignia.--A registered participant in a 
competition under this section may use any Federal agency's name, 
initials, or insignia only after prior review and written approval by 
the Director.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated to the National Institute of Standards and Technology to 
carry out this section $15,000,000 for each of fiscal years 2011 
through 2013.

SEC. 410. DEFINITIONS.

    In this title:
            (1) Director.--The term ``Director'' means the Director of 
        the National Institute of Standards and Technology.
            (2) Federal agency.--The term ``Federal agency'' has the 
        meaning given such term in section 4 of the Stevenson-Wydler 
        Technology Innovation Act of 1980 (15 U.S.C. 3703).

                  TITLE V--NATIONAL SCIENCE FOUNDATION

SEC. 501. SHORT TITLE.

    This title may be cited as the ``National Science Foundation 
Authorization Act of 2010''.

SEC. 502. DEFINITIONS.

    In this title:
            (1) Foundation.--The term ``Foundation'' means the National 
        Science Foundation established under section 2 of the National 
        Science Foundation Act of 1950 (42 U.S.C. 1861).
            (2) Institution of higher education.--The term 
        ``institution of higher education'' has the meaning given such 
        term in section 101(a) of the Higher Education Act of 1965 (20 
        U.S.C. 1001(a)).
            (3) State.--The term ``State'' means one of the several 
        States, the District of Columbia, the Commonwealth of Puerto 
        Rico, the Virgin Islands, Guam, American Samoa, the 
        Commonwealth of the Northern Mariana Islands, or any other 
        territory or possession of the United States.
            (4) United states.--The term ``United States'' means the 
        several States, the District of Columbia, the Commonwealth of 
        Puerto Rico, the Virgin Islands, Guam, American Samoa, the 
        Commonwealth of the Northern Mariana Islands, and any other 
        territory or possession of the United States.

SEC. 503. AUTHORIZATION OF APPROPRIATIONS.

    (a) Fiscal Year 2011.--
            (1) In general.--There are authorized to be appropriated to 
        the Foundation $8,254,000,000 for fiscal year 2011.
            (2) Specific allocations.--Of the amount authorized by 
        paragraph (1)--
                    (A) $6,614,000,000 shall be made available to carry 
                research and related activities;
                    (B) $1,038,000,000 shall be made available for 
                education and human resources;
                    (C) $219,100,000 shall be made available for major 
                research equipment and facilities construction;
                    (D) $362,400,000 shall be made available for agency 
                operations and award management;
                    (E) $5,105,000 shall be made available for the 
                Office of the National Science Board; and
                    (F) $15,640,000 shall be made available for the 
                Office of Inspector General.
    (b) Fiscal Year 2012.--
            (1) In general.--There are authorized to be appropriated to 
        the Foundation $9,073,000,000 for fiscal year 2012.
            (2) Specific allocations.--Of the amount authorized by 
        paragraph (1)--
                    (A) $7,270,000,000 shall be made available to carry 
                research and related activities;
                    (B) $1,141,000,000 shall be made available for 
                education and human resources;
                    (C) $240,800,000 shall be made available for major 
                research equipment and facilities construction;
                    (D) $398,400,000 shall be made available for agency 
                operations and award management;
                    (E) $5,612,000 shall be made available for the 
                Office of the National Science Board; and
                    (F) $17,190,000 shall be made available for the 
                Office of Inspector General.
    (c) Fiscal Year 2013.--
            (1) In general.--There are authorized to be appropriated to 
        the Foundation $9,943,000,000 for fiscal year 2013.
            (2) Specific allocations.--Of the amount authorized by 
        paragraph (1)--
                    (A) $7,967,000,000 shall be made available to carry 
                research and related activities;
                    (B) $1,251,000,000 shall be made available for 
                education and human resources;
                    (C) $263,900,000 shall be made available for major 
                research equipment and facilities construction;
                    (D) $436,600,000 shall be made available for agency 
                operations and award management;
                    (E) $6,150,000 shall be made available for the 
                Office of the National Science Board; and
                    (F) $18,840,000 shall be made available for the 
                Office of Inspector General.

SEC. 504. NATIONAL SCIENCE BOARD ADMINISTRATIVE AMENDMENTS.

    (a) Staffing at the National Science Board.--Section 4(g) of the 
National Science Foundation Act of 1950 (42 U.S.C. 1863(g)) is amended 
by striking ``not more than 5''.
    (b) National Science Board Reports.--Section 4(j)(2) of the 
National Science Foundation Act of 1950 (42 U.S.C. 1863(j)(2)) is 
amended by inserting ``within the authority of the Foundation (or 
otherwise as requested by the Congress or the President)'' after 
``individual policy matters''.
    (c) Board Adherence to Sunshine Act.--Section 15(a)(2) of the 
National Science Foundation Authorization Act of 2002 (42 U.S.C. 1862n-
5(a)(2)) is amended--
            (1) by striking ``The Board'' and inserting ``To ensure 
        transparency of the Board's entire decision-making process, 
        including deliberations on Board business occurring within its 
        various subdivisions, the Board''; and
            (2) by adding at the end the following: ``The preceding 
        requirement will apply to meetings of the full Board, whenever 
        a quorum is present; and to meetings of its subdivisions, 
        whenever a quorum of the subdivision is present.''.

SEC. 505. NATIONAL CENTER FOR SCIENCE AND ENGINEERING STATISTICS.

    (a) Establishment.--There is established within the Foundation a 
National Center for Science and Engineering Statistics that shall serve 
as a central Federal clearinghouse for the collection, interpretation, 
analysis, and dissemination of objective data on science, engineering, 
technology, and research and development.
    (b) Duties.--In carrying out subsection (a) of this section, the 
Director, acting through the Center shall--
            (1) collect, acquire, analyze, report, and disseminate 
        statistical data related to the science and engineering 
        enterprise in the United States and other nations that is 
        relevant and useful to practitioners, researchers, 
        policymakers, and the public, including statistical data on--
                    (A) research and development trends;
                    (B) the science and engineering workforce;
                    (C) United States competitiveness in science, 
                engineering, technology, and research and development; 
                and
                    (D) the condition and progress of United States 
                STEM education;
            (2) support research using the data it collects, and on 
        methodologies in areas related to the work of the Center; and
            (3) support the education and training of researchers in 
        the use of large-scale, nationally representative data sets.
    (c) Statistical Reports.--The Director or the National Science 
Board, acting through the Center, shall issue regular, and as 
necessary, special statistical reports on topics related to the 
national and international science and engineering enterprise such as 
the biennial report required by section 4(j)(1) of the National Science 
Foundation Act of 1950 (42 U.S.C. 1863(j)(1)) on indicators of the 
state of science and engineering in the United States.

SEC. 506. NATIONAL SCIENCE FOUNDATION MANUFACTURING RESEARCH AND 
              EDUCATION.

    (a) Manufacturing Research.--The Director shall carry out a program 
to award merit-reviewed, competitive grants to institutions of higher 
education to support fundamental research leading to transformative 
advances in manufacturing technologies, processes, and enterprises that 
will support United States manufacturing through improved performance, 
productivity, sustainability, and competitiveness. Research areas may 
include--
            (1) nanomanufacturing;
            (2) manufacturing and construction machines and equipment, 
        including robotics, automation, and other intelligent systems;
            (3) manufacturing enterprise systems;
            (4) advanced sensing and control techniques;
            (5) materials processing; and
            (6) information technologies for manufacturing, including 
        predictive and real-time models and simulations, and virtual 
        manufacturing.
    (b) Manufacturing Education.--In order to help ensure a well-
trained manufacturing workforce, the Director shall award grants to 
strengthen and expand scientific and technical education and training 
in advanced manufacturing, including through the Foundation's Advanced 
Technological Education program.

SEC. 507. NATIONAL SCIENCE BOARD REPORT ON MID-SCALE INSTRUMENTATION.

    (a) Mid-Scale Research Instrumentation Needs.--The National Science 
Board shall evaluate the needs, across all disciplines supported by the 
Foundation, for mid-scale research instrumentation that falls between 
the instruments funded by the Major Research Instrumentation program 
and the very large projects funded by the Major Research Equipment and 
Facilities Construction program.
    (b) Report on Mid-Scale Research Instrumentation Program.--Not 
later than 1 year after the date of enactment of this Act, the National 
Science Board shall submit to Congress a report on mid-scale research 
instrumentation at the Foundation. At a minimum, this report shall 
include--
            (1) the findings from the Board's evaluation of 
        instrumentation needs required under subsection (a), including 
        a description of differences across disciplines and Foundation 
        research directorates;
            (2) a recommendation or recommendations regarding how the 
        Foundation should set priorities for mid-scale instrumentation 
        across disciplines and Foundation research directorates;
            (3) a recommendation or recommendations regarding the 
        appropriateness of expanding existing programs, including the 
        Major Research Instrumentation program or the Major Research 
        Equipment and Facilities Construction program, to support more 
        instrumentation at the mid-scale;
            (4) a recommendation or recommendations regarding the need 
        for and appropriateness of a new, Foundation-wide program or 
        initiative in support of mid-scale instrumentation, including 
        any recommendations regarding the administration of and budget 
        for such a program or initiative and the appropriate scope of 
        instruments to be funded under such a program or initiative; 
        and
            (5) any recommendation or recommendations regarding other 
        options for supporting mid-scale research instrumentation at 
        the Foundation.

SEC. 508. PARTNERSHIPS FOR INNOVATION.

    (a) In General.--The Director shall carry out a program to award 
merit-reviewed, competitive grants to institutions of higher education 
to establish and to expand partnerships that promote innovation and 
increase the economic and social impact of research by developing tools 
and resources to connect new scientific discoveries to practical uses.
    (b) Partnerships.--
            (1) In general.--To be eligible for funding under this 
        section, an institution of higher education must propose 
        establishment of a partnership that--
                    (A) includes at least one private sector entity; 
                and
                    (B) may include other institutions of higher 
                education, public sector institutions, private sector 
                entities, and social enterprise nonprofit 
                organizations.
            (2) Priority.--In selecting grant recipients under this 
        section, the Director shall give priority to partnerships that 
        include one or more institutions of higher education that are 
        among the 100 institutions receiving, over the 3-year period 
        immediately preceding the awarding of grants, the highest 
        amount of research funding from the Foundation and at least one 
        of the following:
                    (A) A minority serving institution.
                    (B) A primarily undergraduate institution.
                    (C) A 2-year institution of higher education.
    (c) Program.--Proposals funded under this section shall seek--
            (1) to increase the economic or social impact of the most 
        promising research at the institution or institutions of higher 
        education that are members of the partnership through knowledge 
        transfer or commercialization;
            (2) to increase the engagement of faculty and students 
        across multiple disciplines and departments, including faculty 
        and students in schools of business and other appropriate non-
        STEM fields and disciplines in knowledge transfer activities;
            (3) to enhance education and mentoring of students and 
        faculty in innovation and entrepreneurship through networks, 
        courses, and development of best practices and curricula;
            (4) to strengthen the culture of the institution or 
        institutions of higher education to undertake and participate 
        in activities related to innovation and leading to economic or 
        social impact;
            (5) to broaden the participation of all types of 
        institutions of higher education in activities to meet STEM 
        workforce needs and promote innovation and knowledge transfer; 
        and
            (6) to build lasting partnerships with local and regional 
        businesses, local and State governments, and other relevant 
        entities.
    (d) Additional Criteria.--In selecting grant recipients under this 
section, the Director shall also consider the extent to which the 
applicants are able to demonstrate evidence of institutional support 
for, and commitment to--
            (1) achieving the goals of the program as described in 
        subsection (c);
            (2) expansion to an institution-wide program if the initial 
        proposal is not for an institution-wide program; and
            (3) sustaining any new innovation tools and resources 
        generated from funding under this program.
    (e) Limitation.--No funds provided under this section may be used 
to construct or renovate a building or structure.

SEC. 509. GREEN CHEMISTRY BASIC RESEARCH.

    The Director shall establish a Green Chemistry Basic Research 
program to award competitive, merit-based grants to support research 
into green and sustainable chemistry which will lead to clean, safe, 
and economical alternatives to traditional chemical products and 
practices. The research program shall provide sustained support for 
green chemistry research, education, and technology transfer through--
            (1) merit-reviewed competitive grants to individual 
        investigators and teams of investigators, including, to the 
        extent practicable, young investigators, for research;
            (2) grants to fund collaborative research partnerships 
        among universities, industry, and nonprofit organizations;
            (3) symposia, forums, and conferences to increase outreach, 
        collaboration, and dissemination of green chemistry advances 
        and practices; and
            (4) education, training, and retraining of undergraduate 
        and graduate students and professional chemists and chemical 
        engineers, including through partnerships with industry, in 
        green chemistry science and engineering.

SEC. 510. GRADUATE STUDENT SUPPORT.

    (a) Finding.--The Congress finds that--
            (1) the Integrative Graduate Education and Research 
        Traineeship program is an important program for training the 
        next generation of scientists and engineers in team-based 
        interdisciplinary research and problem solving, and for 
        providing them with the many additional skills, such as 
        communication skills, needed to thrive in diverse STEM careers; 
        and
            (2) the Integrative Graduate Education and Research 
        Traineeship program is no less valuable to the preparation and 
        support of graduate students than the Foundation's Graduate 
        Research Fellowship program.
    (b) Equal Treatment of IGERT and GRF.--Beginning in fiscal year 
2011, the Director shall increase or, if necessary, decrease funding 
for the Foundation's Integrative Graduate Education and Research 
Traineeship program (or any program by which it is replaced) at least 
at the same rate as it increases or decreases funding for the Graduate 
Research Fellowship program.
    (c) Support for Graduate Student Research From the Research 
Account.--For each of the fiscal years 2011 through 2013, at least 50 
percent of the total Foundation funds allocated to the Integrative 
Graduate Education and Research Traineeship program and the Graduate 
Research Fellowship program shall come from funds appropriated for 
Research and Related Activities.
    (d) Cost of Education Allowance for GRF Program.--Section 10 of the 
National Science Foundation Act of 1950 (42 U.S.C. 1869) is amended--
            (1) by inserting ``(a) In General.--'' before ``The 
        Foundation is authorized''; and
            (2) by adding at the end the following:
    ``(b) Amount.--The Director shall establish for each year the 
amount to be awarded for scholarships and fellowships under this 
section for that year. Each such scholarship and fellowship shall 
include a cost of education allowance of $12,000, subject to any 
restrictions on the use of cost of education allowance as determined by 
the Director.''.

SEC. 511. ROBERT NOYCE TEACHER SCHOLARSHIP PROGRAM.

    (a) Matching Requirement.--Section 10A(h)(1) of the National 
Science Foundation Authorization Act of 2002 (42 U.S.C. 1862n-1a(h)(1)) 
is amended to read as follows:
            ``(1) In general.--An eligible entity receiving a grant 
        under this section shall provide, from non-Federal sources, to 
        carry out the activities supported by the grant--
                    ``(A) in the case of grants in an amount of less 
                than $1,500,000, an amount equal to at least 30 percent 
                of the amount of the grant, at least one half of which 
                shall be in cash; and
                    ``(B) in the case of grants in an amount of 
                $1,500,000 or more, an amount equal to at least 50 
                percent of the amount of the grant, at least one half 
                of which shall be in cash.''.
    (b) Retiring STEM Professionals.--Section 10A of the National 
Science Foundation Authorization Act of 2002 (42 U.S.C. 1862n-1a) is 
amended in subsection (a)(2)(A) by inserting ``including retiring 
professionals in those fields,'' after ``mathematics professionals,''.

SEC. 512 UNDERGRADUATE BROADENING PARTICIPATION PROGRAM.

    The Foundation shall continue to support the Historically Black 
Colleges and Universities Undergraduate Program, the Louis Stokes 
Alliances for Minority Participation program, and the Tribal Colleges 
and Universities Program as separate programs.

SEC. 513. RESEARCH EXPERIENCES FOR HIGH SCHOOL STUDENTS.

    The Director shall permit specialized STEM high schools conducting 
research to participate in major data collection initiatives from 
universities, corporations, or government labs under a research grant 
from the Foundation, as part of the research proposal.

SEC. 514. RESEARCH EXPERIENCES FOR UNDERGRADUATES.

    (a) Research Sites.--The Director shall award grants, on a merit-
reviewed, competitive basis, to institutions of higher education, 
nonprofit organizations, or consortia of such institutions and 
organizations, for sites designated by the Director to provide research 
experiences for 6 or more undergraduate STEM students for sites 
designated at primarily undergraduate institutions of higher education 
and 10 or more undergraduate STEM students for all other sites, with 
consideration given to the goal of promoting the participation of 
individuals identified in section 33 or 34 of the Science and 
Engineering Equal Opportunities Act (42 U.S.C. 1885a or 1885b). The 
Director shall ensure that--
            (1) at least half of the students participating in a 
        program funded by a grant under this subsection at each site 
        shall be recruited from institutions of higher education where 
        research opportunities in STEM are limited, including 2-year 
        institutions;
            (2) the awards provide undergraduate research experiences 
        in a wide range of STEM disciplines;
            (3) the awards support a variety of projects, including 
        independent investigator-led projects, interdisciplinary 
        projects, and multi-institutional projects (including virtual 
        projects);
            (4) students participating in each program funded have 
        mentors, including during the academic year to the extent 
        practicable, to help connect the students' research experiences 
        to the overall academic course of study and to help students 
        achieve success in courses of study leading to a baccalaureate 
        degree in a STEM field;
            (5) mentors and students are supported with appropriate 
        salary or stipends; and
            (6) student participants are tracked, for employment and 
        continued matriculation in STEM fields, through receipt of the 
        undergraduate degree and for at least 3 years thereafter.
    (b) Inclusion of Undergraduates in Standard Research Grants.--The 
Director shall require that every recipient of a research grant from 
the Foundation proposing to include 1 or more students enrolled in 
certificate, associate, or baccalaureate degree programs in carrying 
out the research under the grant shall request support, including 
stipend support, for such undergraduate students as part of the 
research proposal itself rather than as a supplement to the research 
proposal, unless such undergraduate participation was not foreseeable 
at the time of the original proposal.

SEC. 515. STEM INDUSTRY INTERNSHIP PROGRAMS.

    (a) In General.--The Director may award grants, on a competitive, 
merit-reviewed basis, to institutions of higher education, or consortia 
thereof, to establish or expand partnerships with local or regional 
private sector entities, for the purpose of providing undergraduate 
students with integrated internship experiences that connect private 
sector internship experiences with the students' STEM coursework. The 
partnerships may also include industry or professional associations.
    (b) Internship Program.--The grants awarded under section (a) may 
include internship programs in the manufacturing sector.
    (c) Use of Grant Funds.--Grants under this section may be used--
            (1) to develop and implement hands-on learning 
        opportunities;
            (2) to develop curricula and instructional materials 
        related to industry, including the manufacturing sector;
            (3) to perform outreach to secondary schools;
            (4) to develop mentorship programs for students with 
        partner organizations; and
            (5) to conduct activities to support awareness of career 
        opportunities and skill requirements.
    (d) Priority.--In awarding grants under this section, the Director 
shall give priority to institutions of higher education or consortia 
thereof that demonstrate significant outreach to and coordination with 
local or regional private sector entities and Regional Centers for the 
Transfer of Manufacturing Technology established by section 25(a) of 
the National Institute of Standards and Technology Act (15 U.S.C. 
278k(a)) in developing academic courses designed to provide students 
with the skills or certifications necessary for employment in local or 
regional companies.
    (c) Outreach to Rural Communities.--The Foundation shall conduct 
outreach to institutions of higher education and private sector 
entities in rural areas to encourage those entities to participate in 
partnerships under this section.
    (d) Cost-Share.--The Director shall require a 50 percent non-
Federal cost-share from partnerships established or expanded under this 
section.
    (e) Restriction.--No Federal funds provided under this section may 
be used--
            (1) for the purpose of providing stipends or compensation 
        to students for private sector internships; or
            (2) as payment or reimbursement to private sector entities, 
        except for institutions of higher education.
    (f) Report.--Not less than 3 years after the date of enactment of 
this Act, the Director shall submit a report to Congress on the number 
and total value of awards made under this section, the number of 
students affected by those awards, any evidence of the effect of those 
awards on workforce preparation and jobs placement for participating 
students, and an economic and ethnic breakdown of the participating 
students.

SEC. 516. CYBER-ENABLED LEARNING FOR NATIONAL CHALLENGES.

    The Director shall, in consultation with appropriate Federal 
agencies, identify ways to use cyber-enabled learning to create an 
innovative STEM workforce and to help retrain and retain our existing 
STEM workforce to address national challenges, including national 
security and competitiveness.

SEC. 517. FEDERAL CYBERSECURITY RESEARCH AND DEVELOPMENT.

    (a) Fundamental Cybersecurity Research.--The Director of the 
National Science Foundation shall give priority to computer and 
information science and engineering research to ensure substantial 
support is provided to meet the following challenges in cybersecurity:
            (1) How to design and build complex software-intensive 
        systems that are secure and reliable when first deployed.
            (2) How to test and verify that software, whether developed 
        locally or obtained from a third party, is free of significant 
        known security flaws.
            (3) How to test and verify that software obtained from a 
        third party correctly implements stated functionality, and only 
        that functionality.
            (4) How to guarantee the privacy of an individual's 
        identity, information, or lawful transactions when stored in 
        distributed systems or transmitted over networks.
            (5) How to build new protocols to enable the Internet to 
        have robust security as one of its key capabilities.
            (6) How to determine the origin of a message transmitted 
        over the Internet.
            (7) How to support privacy in conjunction with improved 
        security.
            (8) How to address the growing problem of insider threat.
    (b) Secure Coding Research.--The Director shall support research 
that evaluates selected secure coding education and improvement 
programs. The Director shall also support research on new methods of 
integrating secure coding improvement into the core curriculum of 
computer science programs and of other programs where graduates have a 
substantial probability of developing software after graduation.
    (c) Assessment of Secure Coding Education in Colleges and 
Universities.--Within one year after the date of enactment of this Act, 
the Director shall submit to the Senate Committee on Commerce, Science, 
and Transportation and the House of Representatives Committee on 
Science and Technology a report on the state of secure coding education 
in America's colleges and universities for each school that received 
National Science Foundation funding in excess of $1,000,000 during 
fiscal year 2008. The report shall include--
            (1) the number of students who earned undergraduate degrees 
        in computer science or in each other program where graduates 
        have a substantial probability of being engaged in software 
        design or development after graduation;
            (2) the percentage of those students who completed 
        substantive secure coding education or improvement programs 
        during their undergraduate experience; and
            (3) descriptions of the length and content of the education 
        and improvement programs, and a measure of the effectiveness of 
        those programs in enabling the students to master secure coding 
        and design.
    (d) Cybersecurity Modeling and Testbeds.--The Director shall 
establish a program to award grants to institutions of higher education 
to establish cybersecurity testbeds capable of realistic modeling of 
real-time cyber attacks and defenses. The purpose of this program is to 
support the rapid development of new cybersecurity defenses, 
techniques, and processes by improving understanding and assessing the 
latest technologies in a real-world environment. The testbeds shall be 
sufficiently large in order to model the scale and complexity of real 
world networks and environments.
    (e) NSF Computer and Network Security Research Grant Areas.--
Section 4(a)(1) of the Cybersecurity Research and Development Act (15 
U.S.C. 7403(a)(1)) is amended--
            (1) by striking ``and'' after the semicolon in subparagraph 
        (H);
            (2) by striking ``property.'' in subparagraph (I) and 
        inserting ``property;''; and
            (3) by adding at the end the following:
            ``(J) secure fundamental protocols that are at the heart of 
        inter-network communications and data exchange;
            ``(K) secure software engineering and software assurance, 
        including--
                    ``(i) programming languages and systems that 
                include fundamental security features;
                    ``(ii) portable or reusable code that remains 
                secure when deployed in various environments;
                    ``(iii) verification and validation technologies to 
                ensure that requirements and specifications have been 
                implemented; and
                    ``(iv) models for comparison and metrics to assure 
                that required standards have been met;
            ``(L) holistic system security that--
                    ``(i) addresses the building of secure systems from 
                trusted and untrusted components;
                    ``(ii) proactively reduces vulnerabilities;
                    ``(iii) addresses insider threats; and
                    ``(iv) supports privacy in conjunction with 
                improved security;
            ``(M) monitoring and detection; and
            ``(N) mitigation and rapid recovery methods.''.
    (f) NSF Computer and Network Security Grants.--Section 4(a)(3) of 
the Cybersecurity Research and Development Act (15 U.S.C. 7403(a)(3)) 
is amended--
            (1) by striking ``and'' in subparagraph (D);
            (2) by striking ``2007'' in subparagraph (E) and inserting 
        ``2007;''; and
            (3) by adding at the end of the following:
                    ``(F) $150,000,000 for fiscal year 2010;
                    ``(G) $155,000,000 for fiscal year 2011;
                    ``(H) $160,000,000 for fiscal year 2012;
                    ``(I) $165,000,000 for fiscal year 2013; and
                    ``(J) $170,000,000 for fiscal year 2014.''.
    (g) Computer and Network Security Centers.--Section 4(b)(7) of such 
Act (15 U.S.C. 7403(b)(7)) is amended--
            (1) by striking ``and'' in subparagraph (D);
            (2) by striking ``2007'' in subparagraph (E) and inserting 
        ``2007;''; and
            (3) by adding at the end of the following:
                    ``(F) $50,000,000 for fiscal year 2010;
                    ``(G) $52,000,000 for fiscal year 2011;
                    ``(H) $54,000,000 for fiscal year 2012;
                    ``(I) $56,000,000 for fiscal year 2013; and
                    ``(J) $58,000,000 for fiscal year 2014.''.
    (h) Computer and Network Security Capacity Building Grants.--
Section 5(a)(6) of such Act (15 U.S.C. 7404(a)(6)) is amended--
            (1) by striking ``and'' in subparagraph (D);
            (2) by striking ``2007'' in subparagraph (E) and inserting 
        ``2007;''; and
            (3) by adding at the end of the following:
                    ``(F) $40,000,000 for fiscal year 2010;
                    ``(G) $42,000,000 for fiscal year 2011;
                    ``(H) $44,000,000 for fiscal year 2012;
                    ``(I) $46,000,000 for fiscal year 2013; and
                    ``(J) $48,000,000 for fiscal year 2014.''.
    (i) Scientific and Advanced Technology Act Grants.--Section 5(b)(2) 
of such Act (15 U.S.C. 7404(b)(2)) is amended--
            (1) by striking ``and'' in subparagraph (D);
            (2) by striking ``2007'' in subparagraph (E) and inserting 
        ``2007;''; and
            (3) by adding at the end of the following:
                    ``(F) $5,000,000 for fiscal year 2010;
                    ``(G) $6,000,000 for fiscal year 2011;
                    ``(H) $7,000,000 for fiscal year 2012;
                    ``(I) $8,000,000 for fiscal year 2013; and
                    ``(J) $9,000,000 for fiscal year 2014.''.
    (j) Graduate Traineeships in Computer and Network Security 
Research.--Section 5(c)(7) of such Act (15 U.S.C. 7404(c)(7)) is 
amended--
            (1) by striking ``and'' in subparagraph (D);
            (2) by striking ``2007'' in subparagraph (E) and inserting 
        ``2007;''; and
            (3) by adding at the end of the following:
                    ``(F) $20,000,000 for fiscal year 2010;
                    ``(G) $22,000,000 for fiscal year 2011;
                    ``(H) $24,000,000 for fiscal year 2012;
                    ``(I) $26,000,000 for fiscal year 2013; and
                    ``(J) $28,000,000 for fiscal year 2014.''.
    (k) Cybersecurity Faculty Development Traineeship Program.--Section 
5(e)(9) of such Act (15 U.S.C. 7404(e)(9)) is amended by striking 
``2007.'' and inserting ``2007 and for each of fiscal years 2010 
through 2014.''.
    (l) Networking and Information Technology Research and Development 
Program.--Section 204(a)(1) of the High-Performance Computing Act of 
1991 (15 U.S.C. 5524(a)(1)) is amended--
            (1) by striking ``and'' after the semicolon in subparagraph 
        (B); and
            (2) by inserting after subparagraph (C) the following:
                    ``(D) develop and propose standards and guidelines, 
                and develop measurement techniques and test methods, 
                for enhanced cybersecurity for computer networks and 
                common user interfaces to systems; and''.

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

    (a) In General.--The Director of the National Science Foundation 
shall establish a Federal Cyber Scholarship-for-Service program to 
recruit and train the next generation of Federal information technology 
workers and security managers.
    (b) Program Description and Components.--The program--
            (1) shall provide scholarships, that provide full tuition, 
        fees, and a stipend, for up to 1,000 students per year in their 
        pursuit of undergraduate or graduate degrees in the 
        cybersecurity field;
            (2) shall require scholarship recipients, as a condition of 
        receiving a scholarship under the program, to agree to serve in 
        the Federal information technology workforce for a period equal 
        to the length of the scholarship following graduation if 
        offered employment in that field by a Federal agency;
            (3) shall provide opportunities for students to receive 
        temporary appointments for meaningful employment in the Federal 
        information technology workforce during school vacation periods 
        and for internships;
            (4) shall provide a procedure for identifying promising K-
        12 students for participation in summer work and internship 
        programs that would lead to certification of Federal 
        information technology workforce standards and possible future 
        employment; and
            (5) shall examine and develop, if appropriate, programs to 
        promote computer security awareness in secondary and high 
        school classrooms.
    (c) Hiring Authority.--For purposes of any law or regulation 
governing the appointment of individuals in the Federal civil service, 
upon the successful completion of their studies, students receiving a 
scholarship under the program shall be hired under the authority 
provided for in section 213.3102(r) of title 5, Code of Federal 
Regulations, and be exempt from competitive service. Upon fulfillment 
of the service term, such individuals shall be converted to a 
competitive service position without competition if the individual 
meets the requirements for that position.
    (d) Eligibility.--To be eligible to receive a scholarship under 
this section, an individual shall--
            (1) be a citizen of the United States; and
            (2) demonstrate a commitment to a career in improving the 
        Nation's cyber defenses.
    (e) Consideration and Preference.--In making selections for 
scholarships under this section, the Director shall--
            (1) consider, to the extent possible, a diverse pool of 
        applicants whose interests are of an interdisciplinary nature, 
        encompassing the social scientific as well as the technical 
        dimensions of cyber security; and
            (2) give preference to applicants that have participated in 
        the competition and challenge described in section 13.
    (f) Evaluation and Report.--The Director shall evaluate and report 
to the Senate Committee on Commerce, Science, and Transportation and 
the House of Representatives Committee on Science and Technology on the 
success of recruiting individuals for the scholarships.
    (g) Authorization of Appropriations.--There are authorized to be 
appropriated to the National Science Foundation to carry out this 
section--
            (1) $50,000,000 for fiscal year 2010;
            (2) $55,000,000 for fiscal year 2011;
            (3) $60,000,000 for fiscal year 2012;
            (4) $65,000,000 for fiscal year 2013; and
            (5) $70,000,000 for fiscal year 2014.

                          TITLE VI--INNOVATION

SEC. 601. OFFICE OF INNOVATION AND ENTREPRENEURSHIP.

    The Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 
3701 et seq.), as amended by section 107 of this Act, is amended by 
adding at the end the following:

``SEC. 25. OFFICE OF INNOVATION AND ENTREPRENEURSHIP.

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

SEC. 602. FEDERAL LOAN GUARANTEES FOR INNOVATIVE TECHNOLOGIES IN 
              MANUFACTURING.

    The Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 
3701 et seq.), as amended by section 601, is further amended by adding 
at the end the following:

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

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

SEC. 603. REGIONAL INNOVATION PROGRAM.

    The Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 
3701 et seq.), as amended by section 602, is further amended by adding 
at the end thereof the following:

``SEC. 27. REGIONAL INNOVATION PROGRAM.

    ``(a) Establishment.--The Secretary shall establish a regional 
innovation program to encourage and support the development of regional 
innovation strategies, including regional innovation clusters and 
science and research parks.
    `(b) Regional Innovation Cluster Grants.--
            ``(1) In general.--As part of the program established under 
        subsection (a), the Secretary may award grants on a competitive 
        basis to eligible recipients for activities relating to the 
        formation and development of regional innovation clusters.
            ``(2) Permissible activities.--Grants awarded under this 
        subsection may be used for activities determined appropriate by 
        the Secretary, including the following:
                    ``(A) Feasibility studies.
                    ``(B) Planning activities.
                    ``(C) Technical assistance.
                    ``(D) Developing or strengthening communication and 
                collaboration between and among participants of a 
                regional innovation cluster.
                    ``(E) Attracting additional participants to a 
                regional innovation cluster.
                    ``(F) Facilitating market development of products 
                and services developed by a regional innovation 
                cluster, including through demonstration, deployment, 
                technology transfer, and commercialization activities.
                    ``(G) Developing relationships between a regional 
                innovation cluster and entities or clusters in other 
                regions.
                    ``(H) Interacting with the public and State and 
                local governments to meet the goals of the cluster.
            ``(3) Eligible recipient defined.--In this subsection, the 
        term `eligible recipient' means--
                    ``(A) a State;
                    ``(B) an Indian tribe;
                    ``(C) a city or other political subdivision of a 
                State;
                    ``(D) an entity that--
                            ``(i) is a nonprofit organization, an 
                        institution of higher education, a public-
                        private partnership, a science park, a Federal 
                        laboratory, or an economic development 
                        organization or similar entity; and
                            ``(ii) has an application that is supported 
                        by a State or a political subdivision of a 
                        State; or
                    ``(E) a consortium of any of the entities descibed 
                in subparagraphs (A) through (D).
            ``(4) Application.--
                    ``(A) In general.--An eligible recipient shall 
                submit an application to the Secretary at such time, in 
                such manner, and containing such information and 
                assurances as the Secretary may require.
                    ``(B) Components.--The application shall include, 
                at a minimum, a description of the regional innovation 
                cluster supported by the proposed activity, including a 
                description of--
                            ``(i) whether the regional innovation 
                        cluster is supported by the private sector, 
                        State and local governments, and other relevant 
                        stakeholders;
                            ``(ii) how the existing participants in the 
                        regional innovation cluster will encourage and 
                        solicit participation by all types of entities 
                        that might benefit from participation, 
                        including newly formed entities and those rival 
                        to existing participants;
                            ``(iii) the extent to which the regional 
                        innovation cluster is likely to stimulate 
                        innovation and have a positive impact on 
                        regional economic growth and development;
                            ``(iv) whether the participants in the 
                        regional innovation cluster have access to, or 
                        contribute to, a well-trained workforce;
                            ``(v) whether the participants in the 
                        regional innovation cluster are capable of 
                        attracting additional funds from non-Federal 
                        sources; and
                            ``(vi) the likelihood that the participants 
                        in the regional innovation cluster will be able 
                        to sustain activities once grant funds under 
                        this subsection have been expended.
                    ``(C) Special consideration.--The Secretary shall 
                give special consideration to applications from regions 
                that contain communities negatively impacted by trade.
            ``(5) Special consideration.--The Secretary shall give 
        special consideration to an eligible recipient who agrees to 
        collaborate with local workforce investment area boards.
            ``(6) Cost share.--The Secretary may not provide more than 
        50 percent of the total cost of any activity funded under this 
        subsection.
            ``(7) Use and application of research and information 
        program.--To the maximum extent practicable, the Secretary 
        shall ensure that activities funded under this subsection use 
        and apply any relevant research, best practices, and metrics 
        developed under the program established in subsection (c).
    ``(c) Regional Innovation Research and Information Program.--
            ``(1) In general.--As part of the program established under 
        subsection (a), the Secretary shall establish a regional 
        innovation research and information program--
                    ``(A) to gather, analyze, and disseminate 
                information on best practices for regional innovation 
                strategies (including regional innovation clusters), 
                including information relating to how innovation, 
                productivity, and economic development can be maximized 
                through such strategies;
                    ``(B) to provide technical assistance, including 
                through the development of technical assistance guides, 
                for the development and implementation of regional 
                innovation strategies (including regional innovation 
                clusters);
                    ``(C) to support the development of relevant 
                metrics and measurement standards to evaluate regional 
                innovation strategies (including regional innovation 
                clusters), including the extent to which such 
                strategies stimulate innovation, productivity, and 
                economic development; and
                    ``(D) to collect and make available data on 
                regional innovation cluster activity in the United 
                States, including data on--
                            ``(i) the size, specialization, and 
                        competitiveness of regional innovation 
                        clusters;
                            ``(ii) the regional domestic product 
                        contribution, total jobs and earnings by key 
                        occupations, establishment size, nature of 
                        specialization, patents, Federal research and 
                        development spending, and other relevant 
                        information for regional innovation clusters; 
                        and
                            ``(iii) supply chain product and service 
                        flows within and between regional innovation 
                        clusters.
            ``(2) Research grants.--The Secretary may award research 
        grants on a competitive basis to support and further the goals 
        of the program established under this subsection.
            ``(3) Dissemination of information.--Data and analysis 
        compiled by the Secretary under the program established in this 
        subsection shall be made available to other Federal agencies, 
        State and local governments, and nonprofit and for-profit 
        entities.
            ``(4) Cluster grant program.--The Secretary shall 
        incorporate data and analysis relating to any regional 
        innovation cluster supported by a grant under subsection (b) 
        into the program established under this subsection.
    ``(d) Interagency Coordination.--
            ``(1) In general.--To the maximum extent practicable, the 
        Secretary shall ensure that the activities carried out under 
        this section are coordinated with, and do not duplicate the 
        efforts of, other programs at the Department of Commerce or 
        other Federal agencies.
            ``(2) Collaboration.--
                    ``(A) In general.--The Secretary shall explore and 
                pursue collaboration with other Federal agencies, 
                including through multiagency funding opportunities, on 
                regional innovation strategies.
                    ``(B) Small businesses.--The Secretary shall ensure 
                that such collaboration with Federal agencies 
                prioritizes the needs and challenges of small 
                businesses.
    ``(e) Evaluation.--
            ``(1) In general.--Not later than 4 years after the date of 
        enactment of the America COMPETES Reauthorization Act of 2010, 
        the Secretary shall enter into a contract with an independent 
        entity, such as the National Academy of Sciences, to conduct an 
        evaluation of the program established under subsection (a).
            ``(2) Requirements.--The evaluation shall include--
                    ``(A) whether the program is achieving its goals;
                    ``(B) any recommendations for how the program may 
                be improved; and
                    ``(C) a recommendation as to whether the program 
                should be continued or terminated.
    ``(f) Definitions.--In this section:
            ``(1) Regional innovation cluster.--The term `regional 
        innovation cluster' means a geographically bounded network of 
        similar, synergistic, or complementary entities that--
                    ``(A) are engaged in or with a particular industry 
                sector;
                    ``(B) have active channels for business 
                transactions and communication;
                    ``(C) share specialized infrastructure, labor 
                markets, and services; and
                    ``(D) leverage the region's unique competitive 
                strengths to stimulate innovation and create jobs.
            ``(2) State.--The term `State' means one of the several 
        States, the District of Columbia, the Commonwealth of Puerto 
        Rico, the Virgin Islands, Guam, American Samoa, the 
        Commonwealth of the Northern Mariana Islands, or any other 
        territory or possession of the United States.
    ``(g) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary for each of fiscal years 2011 
through 2015 to carry out this section, including such sums as are 
necessary to carry out the evaluation required under subsection (e).''.

SEC. 604. SCIENCE AND RESEARCH PARKS.

    The Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 
3701 et seq.), as amended by section 603, is further amended by adding 
at the end thereof the following:

``SEC. 28. SCIENCE AND RESEARCH PARKS.

    ``(a) Establishment.--Upon the application of an eligible 
recipient, the Secretary is authorized to provide financial assistance 
under this section for the development and construction of science and 
research parks to promote the clustering of innovation through high 
technology activities.
    ``(b) Development of Plans for Construction of Science Parks.--
            ``(1) In general.--The Secretary may award grants for the 
        development of feasibility studies and plans for the 
        construction of new science parks or renovation or expansion of 
        existing science parks.
            ``(2) Limitation on amount of grants.--The amount of a 
        grant awarded under this subsection may not exceed $750,000.
            ``(3) Award.--
                    ``(A) Competition required.--The Secretary shall 
                award grants under this subsection pursuant to a full 
                and open competition.
                    ``(B) Geographic dispersion.-- In conducting a 
                competitive process, the Secretary shall consider the 
                need to avoid undue geographic concentration among any 
                one category of States based on their predominate rural 
                or urban character as indicated by population density.
                    ``(C) Selection criteria.--The Secretary shall 
                publish the criteria to be utilized in any competition 
                under this paragraph for the selection of recipients of 
                grants under this subsection, which shall include 
                requirements relating to the--
                            ``(i) effect the science park will have on 
                        regional economic growth and development;
                            ``(ii) number of jobs to be created at the 
                        science park and the surrounding regional 
                        community each year during its first 5 years;
                            ``(iii) funding to be required to 
                        construct, renovate or expand, the science park 
                        during its first 5 years;
                            ``(iv) amount and type of financing and 
                        access to capital available to the applicant;
                            ``(v) types of businesses and research 
                        entities expected in the science park and 
                        surrounding regional community;
                            ``(vi) letters of intent by businesses and 
                        research entities to locate in the science 
                        park;
                            ``(vii) capability to attract a well 
                        trained workforce to the science park;
                            ``(viii) the management of the science park 
                        during its first 5 years;
                            ``(ix) expected financial risks in the 
                        construction and operation of the science park 
                        and the risk mitigation strategy;
                            ``(x) physical infrastructure available to 
                        the science park, including roads, utilities, 
                        and telecommunications;
                            ``(xi) utilization of energy-efficient 
                        building technology including nationally 
                        recognized green building design practices, 
                        renewable energy, cogeneration, and other 
                        methods that increase energy efficiency and 
                        conservation;
                            ``(xii) consideration to the transformation 
                        of military bases affected by the base 
                        realignment and closure process (BRAC) or the 
                        redevelopment of existing buildings, 
                        structures, or brownfield sites that are 
                        abandoned, idled, or underused into single or 
                        multiple building facilities for science and 
                        technology companies and institutions;
                            ``(xiii) ability to collaborate with other 
                        science parks throughout the world;
                            ``(xiv) consideration of sustainable 
                        development practices and the quality of life 
                        at the science park; and
                            ``(xv) other such criteria as the Secretary 
                        shall prescribe.
            ``(4) Authorization of appropriations.--There are 
        authorized to be appropriated $7,500,000 for each of the fiscal 
        years 2011 through 2015 to carry out this subsection.
    ``(c) Loan Guarantees for Science Park Infrastructure.--
            ``(1) In general.--Subject to paragraph (2), the Secretary 
        may guarantee up to 80 percent of the loan amount for projects 
        for the construction or expansion, including renovation and 
        modernization, of science park infrastructure.
            ``(2) Limitations on guarantee amounts.--The maximum amount 
        of loan principal guaranteed under this subsection may not 
        exceed--
                            ``(A) $50,000,000 with respect to any 
                        single project; and
                            ``(B) $500,000,000 with respect to all 
                        projects.
            ``(3) Selection of guarantee recipients.--The Secretary 
        shall select recipients of loan guarantees under this 
        subsection based upon the ability of the recipient to 
        collateralize the loan amount through bonds, equity, property, 
        and such other things of values as the Secretary shall deem 
        necessary. Recipients of grants under subsection (a) are not 
        eligible for a loan guarantee during the period of the grant. 
        To the extent that the Secretary determines it to be feasible, 
        the Secretary may select recipients of guarantee assistance in 
        accord with a competitive process that takes into account the 
        factors set out in subsection (c) of this section.
            ``(4) Terms and conditions for loan guarantees.--The loans 
        guaranteed under this subsection shall be subject to such terms 
        and conditions as the Secretary may prescribe, except that--
                    ``(A) the final maturity of such loans made or 
                guaranteed may not exceed the lesser of--
                            ``(i) 30 years; or
                            ``(ii) 90 percent of the useful life of any 
                        physical asset to be financed by the loan;
                    ``(B) a loan guaranteed under this subsection may 
                not be subordinated to another debt contracted by the 
                borrower or to any other claims against the borrowers 
                in the case of default;
                    ``(C) a loan may not be guaranteed under this 
                subsection unless the Secretary determines that the 
                lender is responsible and that provision is made for 
                servicing the loan on reasonable terms and in a manner 
                that adequately protects the financial interest of the 
                United States;
                    ``(D) a loan may not be guaranteed under this 
                subsection if--
                            ``(i) the income from the loan is excluded 
                        from gross income for purposes of chapter 1 of 
                        the Internal Revenue Code of 1986; or
                            ``(ii) the guarantee provides significant 
                        collateral or security, as determined by the 
                        Secretary in coordination with the Secretary of 
                        the Treasury, for other obligations the income 
                        from which is so excluded;
                    ``(E) any guarantee provided under this subsection 
                shall be conclusive evidence that--
                            ``(i) the guarantee has been properly 
                        obtained;
                            ``(ii) the underlying loan qualified for 
                        the guarantee; and
                            ``(iii) absent fraud or material 
                        misrepresentation by the holder, the guarantee 
                        is presumed to be valid, legal, and 
                        enforceable;
                    ``(F) the Secretary may not extend credit 
                assistance unless the Secretary has determined that 
                there is a reasonable assurance of repayment; and
                    ``(G) new loan guarantees may not be committed 
                except to the extent that appropriations of budget 
                authority to cover their costs are made in advance, as 
                required under section 504 of the Federal Credit Reform 
                Act of 1990 (2 U.S.C. 661c).
            ``(5) Payment of losses.--
                    ``(A) In general.--If, as a result of a default by 
                a borrower under a loan guaranteed under this 
                subsection, after the holder has made such further 
                collection efforts and instituted such enforcement 
                proceedings as the Secretary may require, the Secretary 
                determines that the holder has suffered a loss, the 
                Secretary shall pay to the holder the percentage of the 
                loss specified in the guarantee contract. Upon making 
                any such payment, the Secretary shall be subrogated to 
                all the rights of the recipient of the payment. The 
                Secretary shall be entitled to recover from the 
                borrower the amount of any payments made pursuant to 
                any guarantee entered into under this section.
                    ``(B) Enforcement of rights.--The Attorney General 
                shall take such action as may be appropriate to enforce 
                any right accruing to the United States as a result of 
                the issuance of any guarantee under this section.
                    ``(C) Forbearance.--Nothing in this section may be 
                construed to preclude any forbearance for the benefit 
                of the borrower which may be agreed upon by the parties 
                to the guaranteed loan and approved by the Secretary, 
                if budget authority for any resulting subsidy costs (as 
                defined in section 502(5) of the Federal Credit Reform 
                Act of 1990) is available.
            ``(6) Review.--
                    ``(A) The Secretary shall periodically assess the 
                credit risk of new and existing direct loans or 
                guaranteed loans.
                    ``(B) Not later than 2 years after the date of the 
                enactment of the America COMPETES Reauthorization Act 
                of 2010, the Comptroller General of the United States 
                shall--
                            ``(i) conduct a review of the subsidy 
                        estimates for the loan guarantees under this 
                        subsection; and
                            ``(ii) submit to Congress a report on the 
                        review conducted under this paragraph.
            ``(7) Termination.--A loan may not be guaranteed under this 
        subsection after September 30, 2015.
            ``(8) Authorization of appropriations.--There are 
        authorized to be appropriated--
                    ``(A) such sums as are necessary annually for the 
                cost (as defined in section 502(5) of the Federal 
                Credit Reform Act of 1990) of guaranteeing $500,000,000 
                in loans under this subsection, and
                    ``(B) such sums as may be necessary for 
                administrative expenses in fiscal year 2011 and 
                thereafter,
        such sums to remain available until expended.
    ``(d) Science Park Defined.--In this section, the term `science 
park' means a property-based venture that--
            ``(1) has--
                    ``(A) master-planned property and buildings 
                designed primarily for private-public research and 
                development activities, high technology and science-
                based companies, and research and development support 
                services;
                    ``(B) a contractual or operational relationship 
                with one or more science- or research-related 
                institution of higher education or governmental or non-
                profit research laboratories;
                    ``(C) as its primary mission the promotion of 
                research and development through industry partnerships, 
                assisting in the growth of new ventures, and promoting 
                innovation-driven economic development;
                    ``(D) a role in facilitating the transfer of 
                technology and business skills between researchers and 
                industry teams; and
                    ``(E) a role in promoting technology-led economic 
                development for the community or region in which the 
                science park is located;
            ``(2) is owned by a governmental or not-for-profit entity; 
        and
            ``(3) may enter into partnerships or joint ventures with 
        for-profit entities for development or management of specific 
        components of the park.''.

                     TITLE VII--GENERAL PROVISIONS

SEC. 701. GOVERNMENT ACCOUNTABILITY OFFICE REVIEW.

    Not later than May 31, 2013, the Comptroller General of the United 
States shall submit a report to the Senate Committee on Commerce, 
Science, and Transportation and the House of Representatives Committee 
on Science and Technology that evaluates the status of the programs 
authorized in this Act, including the extent to which such programs 
have been funded, implemented, and are contributing to achieving the 
goals of the Act.

SEC. 702. SALARY RESTRICTIONS.

    (a) Obscene Matter on Federal Property.--None of the funds 
authorized under this Act may be used to pay the salary of any 
individual who is convicted of violating section 1460 of title 18, 
United States Code.
    (b) Use of Federal Computers for Child Pornography or Exploitation 
of Minors.--None of the funds authorized under this Act may be used to 
pay the salary of any individual who is convicted of a violation of 
section 2252 of title 18, United States Code.
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