H. R. 2272—22 
SEC. 3011. REPORT ON NATIONAL INSTITUTE OF STANDARDS AND 
TECHNOLOGY EFFORTS TO RECRUIT AND RETAIN EARLY 
CAREER SCIENCE AND ENGINEERING RESEARCHERS. 
Not later than 3 months after the date of the enactment of 
this Act, the Director of the National Institute of Standards and 
Technology shall submit to the Committee on Science and Tech-
nology of the House of Representatives and to the Committee on 
Commerce, Science, and Transportation of the Senate a report 
on efforts to recruit and retain young scientists and engineers 
at the early stages of their careers at the National Institute of 
Standards and Technology laboratories and joint institutes. The 
report shall include— 
(1) a description of National Institute of Standards and 
Technology policies and procedures, including financial incen-
tives, awards, promotions, time set aside for independent 
research, access to equipment or facilities, and other forms 
of recognition, designed to attract and retain young scientists 
and engineers; 
(2) an evaluation of the impact of these incentives on 
the careers of young scientists and engineers at the National 
Institute of Standards and Technology, and also on the quality 
of the research at the National Institute of Standards and 
Technology’s laboratories and in the National Institute of 
Standards and Technology’s programs; 
(3) a description of what barriers, if any, exist to efforts 
to recruit and retain young scientists and engineers, including 
limited availability of full time equivalent positions, legal and 
procedural requirements, and pay grading systems; and 
(4) the amount of funding devoted to efforts to recruit 
and retain young researchers and the source of such funds. 
SEC. 3012. TECHNOLOGY INNOVATION PROGRAM. 
(a) REPEAL OF ADVANCED TECHNOLOGY PROGRAM.—Section 28 
of the National Institute of Standards and Technology Act (15 
U.S.C. 278n) is repealed. 
(b) ESTABLISHMENT OF TECHNOLOGY INNOVATION PROGRAM.— 
The National Institute of Standards and Technology Act (15 U.S.C. 
271 et seq.) is amended by inserting after section 27 the following: 
‘‘SEC. 28. TECHNOLOGY INNOVATION PROGRAM. 
‘‘(a) ESTABLISHMENT.—There is established within the Institute 
a program linked to the purpose and functions of the Institute, 
to be known as the ‘Technology Innovation Program’ for the purpose 
of assisting United States businesses and institutions of higher 
education or other organizations, such as national laboratories and 
nonprofit research institutions, to support, promote, and accelerate 
innovation in the United States through high-risk, high-reward 
research in areas of critical national need. 
‘‘(b) EXTERNAL FUNDING.— 
‘‘(1) IN GENERAL.—The Director shall award competitive, 
merit-reviewed grants, cooperative agreements, or contracts 
to— 
‘‘(A) eligible companies that are small-sized businesses 
or medium-sized businesses; or 
‘‘(B) joint ventures. 
‘‘(2) SINGLE COMPANY AWARDS.—No award given to a single 
company shall exceed $3,000,000 over 3 years.
H. R. 2272—23 
‘‘(3) JOINT VENTURE AWARDS.—No award given to a joint 
venture shall exceed $9,000,000 over 5 years. 
‘‘(4) FEDERAL COST SHARE.—The Federal share of a project 
funded by an award under the program shall not be more 
than 50 percent of total project costs. 
‘‘(5) PROHIBITIONS.—Federal funds awarded under this pro-
gram may be used only for direct costs and not for indirect 
costs, profits, or management fees of a contractor. Any business 
that is not a small-sized or medium-sized business may not 
receive any funding under this program. 
‘‘(c) AWARD CRITERIA.—The Director shall only provide assist-
ance under this section to an entity— 
‘‘(1) whose proposal has scientific and technical merit and 
may result in intellectual property vesting in a United States 
entity that can commercialize the technology in a timely 
manner; 
‘‘(2) whose application establishes that the proposed tech-
nology has strong potential to address critical national needs 
through transforming the Nation’s capacity to deal with major 
societal challenges that are not currently being addressed, and 
generate substantial benefits to the Nation that extend signifi-
cantly beyond the direct return to the applicant; 
‘‘(3) whose application establishes that the research has 
strong potential for advancing the state-of-the-art and contrib-
uting significantly to the United States science and technology 
knowledge base; 
‘‘(4) whose proposal explains why Technology Innovation 
Program support is necessary, including evidence that the 
research will not be conducted within a reasonable time period 
in the absence of financial assistance under this section; 
‘‘(5) whose application demonstrates that reasonable efforts 
have been made to secure funding from alternative funding 
sources and no other alternative funding sources are reasonably 
available to support the proposal; and 
‘‘(6) whose application explains the novelty of the tech-
nology and demonstrates that other entities have not already 
developed, commercialized, marketed, distributed, or sold 
similar technologies. 
‘‘(d) COMPETITIONS.—The Director shall solicit proposals at least 
annually to address areas of critical national need for high-risk, 
high-reward projects. 
‘‘(e) INTELLECTUAL PROPERTY RIGHTS OWNERSHIP.— 
‘‘(1) IN GENERAL.—Title to any intellectual property devel-
oped by a joint venture from assistance provided under this 
section may vest in any participant in the joint venture, as 
agreed by the members of the joint venture, notwithstanding 
section 202 (a) and (b) of title 35, United States Code. The 
United States may reserve a nonexclusive, nontransferable, 
irrevocable paid-up license, to have practice for or on behalf 
of the United States in connection with any such intellectual 
property, but shall not in the exercise of such license publicly 
disclose proprietary information related to the license. Title 
to any such intellectual property shall not be transferred or 
passed, except to a participant in the joint venture, until the 
expiration of the first patent obtained in connection with such 
intellectual property.
H. R. 2272—24 
‘‘(2) LICENSING.—Nothing in this subsection shall be con-
strued to prohibit the licensing to any company of intellectual 
property rights arising from assistance provided under this 
section. 
‘‘(3) DEFINITION.—For purposes of this subsection, the term 
‘intellectual property’ means an invention patentable under 
title 35, United States Code, or any patent on such an invention, 
or any work for which copyright protection is available under 
title 17, United States Code. 
‘‘(f) PROGRAM OPERATION.—Not later than 9 months after the 
date of the enactment of this section, the Director shall promulgate 
regulations— 
‘‘(1) establishing criteria for the selection of recipients of 
assistance under this section; 
‘‘(2) establishing procedures regarding financial reporting 
and auditing to ensure that awards are used for the purposes 
specified in this section, are in accordance with sound 
accounting practices, and are not funding existing or planned 
research programs that would be conducted within a reasonable 
time period in the absence of financial assistance under this 
section; and 
‘‘(3) providing for appropriate dissemination of Technology 
Innovation Program research results. 
‘‘(g) ANNUAL REPORT.—The Director shall submit annually 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 describing the Technology Innovation 
Program’s activities, including a description of the metrics upon 
which award funding decisions were made in the previous fiscal 
year, any proposed changes to those metrics, metrics for evaluating 
the success of ongoing and completed awards, and an evaluation 
of ongoing and completed awards. The first annual report shall 
include best practices for management of programs to stimulate 
high-risk, high-reward research. 
‘‘(h) CONTINUATION
OF
ATP GRANTS.—The Director shall, 
through the Technology Innovation Program, continue to provide 
support originally awarded under the Advanced Technology Pro-
gram, in accordance with the terms of the original award and 
consistent with the goals of the Technology Innovation Program. 
‘‘(i) COORDINATION WITH OTHER STATE AND FEDERAL TECH-
NOLOGY PROGRAMS.—In carrying out this section, the Director shall, 
as appropriate, coordinate with other senior State and Federal 
officials to ensure cooperation and coordination in State and Federal 
technology programs and to avoid unnecessary duplication of efforts. 
‘‘(j) ACCEPTANCE OF FUNDS FROM OTHER FEDERAL AGENCIES.— 
In addition to amounts appropriated to carry out this section, the 
Secretary and the Director may accept funds from other Federal 
agencies to support awards under the Technology Innovation Pro-
gram. Any award under this section which is supported with funds 
from other Federal agencies shall be selected and carried out 
according to the provisions of this section. Funds accepted from 
other Federal agencies shall be included as part of the Federal 
cost share of any project funded under this section. 
‘‘(k) TIP ADVISORY BOARD.— 
‘‘(1) ESTABLISHMENT.—There is established within the 
Institute a TIP Advisory Board. 
‘‘(2) MEMBERSHIP.—
H. R. 2272—25 
‘‘(A) IN GENERAL.—The TIP Advisory Board shall con-
sist of 10 members appointed by the Director, at least 
7 of whom shall be from United States industry, chosen 
to reflect the wide diversity of technical disciplines and 
industrial sectors represented in Technology Innovation 
Program projects. No member shall be an employee of 
the Federal Government. 
‘‘(B) TERM.—Except as provided in subparagraph (C) 
or (D), the term of office of each member of the TIP 
Advisory Board shall be 3 years. 
‘‘(C) CLASSES.—The original members of the TIP 
Advisory Board shall be appointed to 3 classes. One class 
of 3 members shall have an initial term of 1 year, one 
class of 3 members shall have an initial term of 2 years, 
and one class of 4 members shall have an initial term 
of 3 years. 
‘‘(D) VACANCIES.—Any member appointed to fill a 
vacancy occurring prior to the expiration of the term for 
which his predecessor was appointed shall be appointed 
for the remainder of such term. 
‘‘(E) SERVING CONSECUTIVE TERMS.—Any person who 
has completed 2 consecutive full terms of service on the 
TIP Advisory Board shall thereafter be ineligible for 
appointment during the 1-year period following the expira-
tion of the second such term. 
‘‘(3) PURPOSE.—The TIP Advisory Board shall meet not 
less than 2 times annually, and provide the Director— 
‘‘(A) advice on programs, plans, and policies of the 
Technology Innovation Program; 
‘‘(B) reviews of the Technology Innovation Program’s 
efforts to accelerate the research and development of chal-
lenging, high-risk, high-reward technologies in areas of 
critical national need; 
‘‘(C) reports on the general health of the program and 
its effectiveness in achieving its legislatively mandated mis-
sion; and 
‘‘(D) guidance on investment areas that are appropriate 
for Technology Innovation Program funding; 
‘‘(4) ADVISORY CAPACITY.—In discharging its duties under 
this subsection, the TIP Advisory Board shall function solely 
in an advisory capacity, in accordance with the Federal 
Advisory Committee Act. 
‘‘(5) ANNUAL
REPORT.—The TIP Advisory Board shall 
transmit an annual report to the Secretary for transmittal 
to the Congress not later than 30 days after the submission 
to Congress of the President’s annual budget request in each 
year. Such report shall address the status of the Technology 
Innovation Program and comment on the relevant sections 
of the programmatic planning document and updates thereto 
transmitted to Congress by the Director under subsections (c) 
and (d) of section 23. 
‘‘(l) DEFINITIONS.—In this section— 
‘‘(1) the term ‘eligible company’ means a small-sized or 
medium-sized business that is incorporated in the United States 
and does a majority of its business in the United States, and 
that either—
H. R. 2272—26 
‘‘(A) is majority owned by citizens of the United States; 
or 
‘‘(B) is owned by a parent company incorporated in 
another country and the Director finds that— 
‘‘(i) the company’s participation in the Technology 
Innovation Program would be in the economic interest 
of the United States, as evidenced by— 
‘‘(I) investments in the United States in 
research and manufacturing; 
‘‘(II) significant contributions to employment 
in the United States; and 
‘‘(III) agreement with respect to any tech-
nology arising from assistance provided under this 
section to promote the manufacture within the 
United States of products resulting from that tech-
nology; and 
‘‘(ii) the company is incorporated in a country 
which— 
‘‘(I) affords to United States-owned companies 
opportunities, comparable to those afforded to any 
other company, to participate in any joint venture 
similar to those receiving funding under this sec-
tion; 
‘‘(II) affords to United States-owned companies 
local investment opportunities comparable to those 
afforded any other company; and 
‘‘(III) affords adequate and effective protection 
for intellectual property rights of United States- 
owned companies; 
‘‘(2) the term ‘high-risk, high-reward research’ means 
research that— 
‘‘(A) has the potential for yielding transformational 
results with far-ranging or wide-ranging implications; 
‘‘(B) addresses critical national needs within the 
National Institute of Standards and Technology’s areas 
of technical competence; and 
‘‘(C) is too novel or spans too diverse a range of dis-
ciplines to fare well in the traditional peer-review process; 
‘‘(3) the term ‘institution of higher education’ has the 
meaning given that term in section 101 of the Higher Education 
Act of 1965 (20 U.S.C. 1001); 
‘‘(4) the term ‘joint venture’ means a joint venture that— 
‘‘(A) includes either— 
‘‘(i) at least 2 separately owned for-profit compa-
nies that are both substantially involved in the project 
and both of which are contributing to the cost-sharing 
required under this section, with the lead entity of 
the joint venture being one of those companies that 
is a small-sized or medium-sized business; or 
‘‘(ii) at least 1 small-sized or medium-sized busi-
ness and 1 institution of higher education or other 
organization, such as a national laboratory or nonprofit 
research institute, that are both substantially involved 
in the project and both of which are contributing to 
the cost-sharing required under this section, with the 
lead entity of the joint venture being either that small-
H. R. 2272—27 
sized or medium-sized business or that institution of 
higher education; and 
‘‘(B) may include additional for-profit companies, 
institutions of higher education, and other organizations, 
such as national laboratories and nonprofit research 
institutes, that may or may not contribute non-Federal 
funds to the project; and 
‘‘(5) the term ‘TIP Advisory Board’ means the advisory 
board established under subsection (k).’’. 
(c) TRANSITION.—Notwithstanding the repeal made by sub-
section (a), the Director shall carry out section 28 of the National 
Institute of Standards and Technology Act (15 U.S.C. 278n) as 
such section was in effect on the day before the date of the enact-
ment of this Act, with respect to applications for grants under 
such section submitted before such date, until the earlier of— 
(1) the date that the Director promulgates the regulations 
required under section 28(f) of the National Institute of Stand-
ards and Technology Act, as added by subsection (b); or 
(2) December 31, 2007. 
SEC. 3013. TECHNICAL AMENDMENTS TO THE NATIONAL INSTITUTE 
OF STANDARDS AND TECHNOLOGY ACT AND OTHER 
TECHNICAL AMENDMENTS. 
(a) RESEARCH
FELLOWSHIPS.—Section 18 of the National 
Institute of Standards and Technology Act (15 U.S.C. 278g–l) is 
amended by striking ‘‘up to 1 per centum of the’’ and inserting 
‘‘up to 1.5 percent of the’’. 
(b) FINANCIAL AGREEMENTS CLARIFICATION.—Section 2(b)(4) of 
the National Institute of Standards and Technology Act (15 U.S.C. 
272(b)(4)) is amended by inserting ‘‘and grants and cooperative 
agreements,’’ after ‘‘arrangements,’’. 
(c) OUTDATED SPECIFICATIONS.— 
(1) REDEFINITION OF THE METRIC SYSTEM.—Section 3570 
of the Revised Statutes of the United States (derived from 
section 2 of the Act of July 28, 1866, entitled ‘‘An Act to 
authorize the Use of the Metric System of Weights and Meas-
ures’’ (15 U.S.C. 205; 14 Stat. 339)) is amended to read as 
follows: 
‘‘SEC. 3570. METRIC SYSTEM DEFINED. 
‘‘The metric system of measurement shall be defined as the 
International System of Units as established in 1960, and subse-
quently maintained, by the General Conference of Weights and 
Measures, and as interpreted or modified for the United States 
by the Secretary of Commerce.’’. 
(2) REPEAL OF REDUNDANT AND OBSOLETE AUTHORITY.— 
The Act of July 21, 1950, entitled, ‘‘An Act To redefine the 
units and establish the standards of electrical and photometric 
measurements.’’ (15 U.S.C. 223 and 224) is hereby repealed. 
(3) STANDARD TIME.—Section 1 of the Act of March 19, 
1918, (commonly known as the ‘‘Calder Act’’) (15 U.S.C. 261) 
is amended— 
(A) by inserting ‘‘(a) IN GENERAL.—’’ before ‘‘For the 
purpose’’; 
(B) by striking the second sentence and the extra period 
after it and inserting ‘‘Except as provided in section 3(a) 
of the Uniform Time Act of 1966 (15 U.S.C. 260a), the
H. R. 2272—28 
standard time of the first zone shall be Coordinated Uni-
versal Time retarded by 4 hours; that of the second zone 
retarded by 5 hours; that of the third zone retarded by 
6 hours; that of the fourth zone retarded by 7 hours; 
that of the fifth zone retarded 8 hours; that of the sixth 
zone retarded by 9 hours; that of the seventh zone retarded 
by 10 hours; that of the eighth zone retarded by 11 hours; 
and that of the ninth zone shall be Coordinated Universal 
Time advanced by 10 hours.’’; and 
(C) by adding at the end the following: 
‘‘(b) COORDINATED UNIVERSAL TIME DEFINED.—In this section, 
the term ‘Coordinated Universal Time’ means the time scale main-
tained through the General Conference of Weights and Measures 
and interpreted or modified for the United States by the Secretary 
of Commerce in coordination with the Secretary of the Navy.’’. 
(4) IDAHO TIME ZONE.—Section 3 of the Act of March 19, 
1918, (commonly known as the ‘‘Calder Act’’) (15 U.S.C. 264) 
is amended by striking ‘‘third zone’’ and inserting ‘‘fourth zone’’. 
(d) NON-ENERGY INVENTIONS PROGRAM.—Section 27 of the 
National Institute of Standards and Technology Act (15 U.S.C. 
278m) is repealed. 
SEC. 3014. RETENTION OF DEPRECIATION SURCHARGE. 
Section 14 of the National Institute of Standards and Tech-
nology Act (15 U.S.C. 278d) is amended— 
(1) by inserting ‘‘(a) IN GENERAL.—’’ before ‘‘Within’’; and 
(2) by adding at the end the following: 
‘‘(b) RETENTION OF FEES.—The Director is authorized to retain 
all building use and depreciation surcharge fees collected pursuant 
to OMB Circular A–25. Such fees shall be collected and credited 
to the Construction of Research Facilities Appropriation Account 
for use in maintenance and repair of the Institute’s existing facili-
ties.’’. 
SEC. 3015. POST-DOCTORAL FELLOWS. 
Section 19 of the National Institute of Standards and Tech-
nology Act (15 U.S.C. 278g–2) is amended by striking ‘‘nor more 
than 60 new fellows’’ and inserting ‘‘nor more than 120 new fellows’’. 
TITLE IV—OCEAN AND ATMOSPHERIC 
PROGRAMS 
SEC. 4001. OCEAN AND ATMOSPHERIC RESEARCH AND DEVELOPMENT 
PROGRAM. 
The Administrator of the National Oceanic and Atmospheric 
Administration, in consultation with the Director of the National 
Science Foundation and the Administrator of the National Aero-
nautics and Space Administration, shall establish a coordinated 
program of ocean, coastal, Great Lakes, and atmospheric research 
and development, in collaboration with academic institutions and 
other nongovernmental entities, that shall focus on the development 
of advanced technologies and analytical methods that will promote 
United States leadership in ocean and atmospheric science and 
competitiveness in the applied uses of such knowledge.
H. R. 2272—29 
SEC. 4002. NOAA OCEAN AND ATMOSPHERIC SCIENCE EDUCATION 
PROGRAMS. 
(a) IN GENERAL.—The Administrator of the National Oceanic 
and Atmospheric Administration shall conduct, develop, support, 
promote, and coordinate formal and informal educational activities 
at all levels to enhance public awareness and understanding of 
ocean, coastal, Great Lakes, and atmospheric science and steward-
ship by the general public and other coastal stakeholders, including 
underrepresented groups in ocean and atmospheric science and 
policy careers. In conducting those activities, the Administrator 
shall build upon the educational programs and activities of the 
agency. 
(b) NOAA SCIENCE EDUCATION PLAN.—The Administrator, 
appropriate National Oceanic and Atmospheric Administration pro-
grams, ocean atmospheric science and education experts, and 
interested members of the public shall develop a science education 
plan setting forth education goals and strategies for the Administra-
tion, as well as programmatic actions to carry out such goals and 
priorities over the next 20 years, and evaluate and update such 
plan every 5 years. 
(c) CONSTRUCTION.—Nothing in this section may be construed 
to affect the application of section 438 of the General Education 
Provisions Act (20 U.S.C. 1232a) or sections 504 and 508 of the 
Rehabilitation Act of 1973 (29 U.S.C. 794 and 794d). 
SEC. 4003. NOAA’S CONTRIBUTION TO INNOVATION. 
(a) PARTICIPATION IN INTERAGENCY ACTIVITIES.—The National 
Oceanic and Atmospheric Administration shall be a full participant 
in any interagency effort to promote innovation and economic 
competitiveness through near-term and long-term basic scientific 
research and development and the promotion of science, technology, 
engineering, and mathematics education, consistent with the agency 
mission, including authorized activities. 
(b) HISTORIC FOUNDATION.—In order to carry out the participa-
tion described in subsection (a), the Administrator of the National 
Oceanic and Atmospheric Administration shall build on the historic 
role of the National Oceanic and Atmospheric Administration in 
stimulating excellence in the advancement of ocean and atmospheric 
science and engineering disciplines and in providing opportunities 
and incentives for the pursuit of academic studies in science, tech-
nology, engineering, and mathematics. 
TITLE V—DEPARTMENT OF ENERGY 
SEC. 5001. SHORT TITLE. 
This title may be cited as the ‘‘Protecting America’s Competitive 
Edge Through Energy Act’’ or the ‘‘PACE–Energy Act’’. 
SEC. 5002. DEFINITIONS. 
In this title: 
(1) DEPARTMENT.—The term ‘‘Department’’ means the 
Department of Energy. 
(2) INSTITUTION OF HIGHER EDUCATION.—The term ‘‘institu-
tion of higher education’’ has the meaning given the term 
in section 101(a) of the Higher Education Act of 1965 (20 
U.S.C. 1001(a)).
H. R. 2272—30 
(3) NATIONAL LABORATORY.—The term ‘‘National Labora-
tory’’ has the meaning given the term in section 2 of the 
Energy Policy Act of 2005 (42 U.S.C. 15801). 
(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 
of Energy. 
SEC. 5003. SCIENCE, ENGINEERING, AND MATHEMATICS EDUCATION 
AT THE DEPARTMENT OF ENERGY. 
(a) SCIENCE
EDUCATION
PROGRAMS.—Section 3164 of the 
Department of Energy Science Education Enhancement Act (42 
U.S.C. 7381a) is amended— 
(1) by redesignating subsections (b), (c), and (d) as sub-
sections (c), (d), and (f), respectively; 
(2) by inserting after subsection (a) the following: 
‘‘(b) ORGANIZATION
OF SCIENCE, ENGINEERING, AND MATHE-
MATICS EDUCATION PROGRAMS.— 
‘‘(1) DIRECTOR OF SCIENCE, ENGINEERING, AND MATHEMATICS 
EDUCATION.—Notwithstanding any other provision of law, the 
Secretary, acting through the Under Secretary for Science 
(referred to in this subsection as the ‘Under Secretary’), shall 
appoint a Director of Science, Engineering, and Mathematics 
Education (referred to in this subsection as the ‘Director’) with 
the 
principal 
responsibility 
for 
administering 
science, 
engineering, and mathematics education programs across all 
functions of the Department. 
‘‘(2) QUALIFICATIONS.—The Director shall be an individual, 
who by reason of professional background and experience, is 
specially qualified to advise the Under Secretary on all matters 
pertaining to science, engineering, and mathematics education 
at the Department. 
‘‘(3) DUTIES.—The Director shall— 
‘‘(A) oversee all science, engineering, and mathematics 
education programs of the Department; 
‘‘(B) represent the Department as the principal inter-
agency liaison for all science, engineering, and mathematics 
education programs, unless otherwise represented by the 
Secretary or the Under Secretary; 
‘‘(C) prepare the annual budget and advise the Under 
Secretary on all budgetary issues for science, engineering, 
and mathematics education programs of the Department; 
‘‘(D) increase, to the maximum extent practicable, the 
participation and advancement of women and underrep-
resented minorities at every level of science, technology, 
engineering, and mathematics education; and 
‘‘(E) perform other such matters relating to science, 
engineering, and mathematics education as are required 
by the Secretary or the Under Secretary. 
‘‘(4) STAFF AND OTHER RESOURCES.—The Secretary shall 
assign to the Director such personnel and other resources as 
the Secretary considers necessary to permit the Director to 
carry out the duties of the Director. 
‘‘(5) ASSESSMENT.— 
‘‘(A) IN GENERAL.—The Secretary shall offer to enter 
into a contract with the National Academy of Sciences 
under which the National Academy, not later than 5 years 
after, and not later than 10 years after, the date of enact-
ment of this paragraph, shall assess the performance of