[111th Congress Public Law 358]
[From the U.S. Government Printing Office]
[[Page 3981]]
AMERICA COMPETES REAUTHORIZATION ACT OF 2010
[[Page 124 STAT. 3982]]
Public Law 111-358
111th Congress
An Act
To invest in innovation through research and development, to improve the
competitiveness of the United States, and for other
purposes. <<NOTE: Jan. 4, 2011 - [H.R. 5116]>>
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) <<NOTE: America COMPETES Reauthorization Act of 2010. 42 USC
1861 note.>> 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.
Sec. 3. Budgetary impact statement.
TITLE I--OFFICE OF SCIENCE AND TECHNOLOGY POLICY
Sec. 101. Coordination of Federal STEM education.
Sec. 102. Coordination of advanced manufacturing research and
development.
Sec. 103. Interagency public access committee.
Sec. 104. Federal scientific collections.
Sec. 105. Prize competitions.
TITLE II--NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
Sec. 201. NASA's contribution to innovation and competitiveness.
Sec. 202. NASA's contribution to education.
Sec. 203. Assessment of impediments to space science and engineering
workforce development for minority and under-represented
groups at NASA.
Sec. 204. International Space Station's contribution to national
competitiveness enhancement.
Sec. 205. Study of potential commercial orbital platform program impact
on Science, Technology, Engineering, and Mathematics.
Sec. 206. Definitions.
TITLE III--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
Sec. 301. Oceanic and atmospheric research and development program.
Sec. 302. Oceanic and atmospheric science education programs.
Sec. 303. Workforce study.
TITLE IV--NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY
Sec. 401. Short title.
Sec. 402. Authorization of appropriations.
Sec. 403. Under Secretary of Commerce for Standards and Technology.
Sec. 404. Manufacturing Extension Partnership.
Sec. 405. Emergency communication and tracking technologies research
initiative.
Sec. 406. Broadening participation.
Sec. 407. NIST Fellowships.
Sec. 408. Green manufacturing and construction.
Sec. 409. Definitions.
[[Page 124 STAT. 3983]]
TITLE V--SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS SUPPORT
PROGRAMS
SUBTITLE A--NATIONAL SCIENCE FOUNDATION
Sec. 501. Short title.
Sec. 502. Definitions.
Sec. 503. Authorization of appropriations.
Sec. 504. National Science Board administrative amendments.
Sec. 505. National Center for Science and Engineering statistics.
Sec. 506. National Science Foundation manufacturing research and
education.
Sec. 507. National Science Board report on mid-scale instrumentation.
Sec. 508. Partnerships for innovation.
Sec. 509. Sustainable chemistry basic research.
Sec. 510. Graduate student support.
Sec. 511. Robert Noyce teacher scholarship program.
Sec. 512. Undergraduate broadening participation program.
Sec. 513. Research experiences for high school students.
Sec. 514. Research experiences for undergraduates.
Sec. 515. STEM industry internship programs.
Sec. 516. Cyber-enabled learning for national challenges.
Sec. 517. Experimental Program to Stimulate Competitive Research.
Sec. 518. Sense of the Congress regarding the science, technology,
engineering, and mathematics talent expansion program.
Sec. 519. Sense of the Congress regarding the National Science
Foundation's contributions to basic research and education.
Sec. 520. Academic technology transfer and commercialization of
university research.
Sec. 521. Study to develop improved impact-on-society metrics.
Sec. 522. NSF grants in support of sponsored post-doctoral fellowship
programs.
Sec. 523. Collaboration in planning for stewardship of large-scale
facilities.
Sec. 524. Cloud computing research enhancement.
Sec. 525. Tribal colleges and universities program.
Sec. 526. Broader impacts review criterion.
Sec. 527. Twenty-first century graduate education.
SUBTITLE B--STEM-TRAINING GRANT PROGRAM
Sec. 551. Purpose.
Sec. 552. Program requirements.
Sec. 553. Grant program.
Sec. 554. Grant oversight and administration.
Sec. 555. Definitions.
Sec. 556. Authorization of appropriations.
TITLE VI--INNOVATION
Sec. 601. Office of innovation and entrepreneurship.
Sec. 602. Federal loan guarantees for innovative technologies in
manufacturing.
Sec. 603. Regional innovation program.
Sec. 604. Study on economic competitiveness and innovative capacity of
United States and development of national economic
competitiveness strategy.
Sec. 605. Promoting use of high-end computing simulation and modeling by
small- and medium-sized manufacturers.
TITLE VII--NIST GREEN JOBS
Sec. 701. Short title.
Sec. 702. Findings.
Sec. 703. National Institute of Standards and Technology competitive
grant program.
TITLE VIII--GENERAL PROVISIONS
Sec. 801. Government Accountability Office review.
Sec. 802. Salary restrictions.
Sec. 803. Additional research authorities of the FCC.
TITLE IX--DEPARTMENT OF ENERGY
Sec. 901. Science, engineering, and mathematics education programs.
Sec. 902. Energy research programs.
Sec. 903. Basic research.
Sec. 904. Advanced Research Project Agency-Energy.
TITLE X--EDUCATION
Sec. 1001. References
[[Page 124 STAT. 3984]]
Sec. 1002. Repeals and conforming amendments.
Sec. 1003. Authorizations of appropriations and matching requirement.
SEC. 2. <<NOTE: 42 USC 6621 note.>> DEFINITIONS.
In this Act:
(1) Director.--In title I, the term ``Director'' means the
Director of the Office of Science and Technology Policy.
(2) STEM.--The term ``STEM'' means the academic and
professional disciplines of science, technology, engineering,
and mathematics.
SEC. 3. BUDGETARY IMPACT STATEMENT.
The budgetary effects of this Act, for the purpose of complying with
the Statutory Pay-As-You-Go-Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the Congressional
Record by the Chairman of the Senate Budget Committee, provided that
such statement has been submitted prior to the vote on passage.
TITLE I--OFFICE OF SCIENCE AND TECHNOLOGY POLICY
SEC. 101. <<NOTE: 42 USC 6621.>> 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) encourage the teaching of innovation and
entrepreneurship as part of STEM education activities;
(4) review STEM education activities and programs to ensure
they are not duplicative of similar efforts within the Federal
government;
(5) <<NOTE: Strategic plan. Deadline.>> 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
[[Page 124 STAT. 3985]]
(6) 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)(5) 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)(5). 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. 102. <<NOTE: 42 USC 6622.>> COORDINATION OF ADVANCED MANUFACTURING
RESEARCH AND DEVELOPMENT.
(a) Interagency Committee.--The Director <<NOTE: Establishment.>>
shall establish or designate a Committee on Technology under the
National Science and Technology Council. The Committee shall be
responsible for planning and coordinating Federal programs and
activities in advanced manufacturing research and development.
(b) Responsibilities of Committee.--The Committee shall--
(1) coordinate the advanced manufacturing research and
development programs and activities of the Federal agencies;
(2) establish goals and priorities for advanced
manufacturing research and development that will strengthen
United States manufacturing;
(3) work with industry organizations, Federal agencies, and
Federally Funded Research and Development Centers not
[[Page 124 STAT. 3986]]
represented on the Committee, to identify and reduce regulatory,
logistical, and fiscal barriers within the Federal government
and State governments that inhibit United States manufacturing;
(4) facilitate the transfer of intellectual property and
technology based on federally supported university research into
commercialization and manufacturing;
(5) identify technological, market, or business challenges
that may best be addressed by public-private partnerships, and
are likely to attract both participation and primary funding
from industry;
(6) encourage the formation of public-private partnerships
to respond to those challenges for transition to United States
manufacturing; and
(7) <<NOTE: Strategic plan. Deadline.>> develop, and update
every 5 years, a strategic plan to guide Federal programs and
activities in support of advanced manufacturing research and
development, which shall--
(A) specify and prioritize near-term and long-term
research and development objectives, the anticipated
time frame for achieving the objectives, and the metrics
for use in assessing progress toward the objectives;
(B) specify the role of each Federal agency in
carrying out or sponsoring research and development to
meet the objectives of the strategic plan;
(C) describe how the Federal agencies and Federally
Funded Research and Development Centers supporting
advanced manufacturing research and development will
foster the transfer of research and development results
into new manufacturing technologies and United States
based manufacturing of new products and processes for
the benefit of society to ensure national, energy, and
economic security;
(D) describe how Federal agencies and Federally
Funded Research and Development Centers supporting
advanced manufacturing research and development will
strengthen all levels of manufacturing education and
training programs to ensure an adequate, well-trained
workforce;
(E) describe how the Federal agencies and Federally
Funded Research and Development Centers supporting
advanced manufacturing research and development will
assist small- and medium-sized manufacturers in
developing and implementing new products and processes;
and
(F) take into consideration the recommendations of a
wide range of stakeholders, including representatives
from diverse manufacturing companies, academia, and
other relevant organizations and institutions.
(c) Report.--Not later than 1 year after the date of enactment of
this Act, the Director shall transmit the strategic plan developed under
subsection (b)(7) to the Senate Committee on Commerce, Science, and
Transportation, and the House of Representatives Committee on Science
and Technology, and shall transmit subsequent updates to those
committees as appropriate.
SEC. 103. <<NOTE: 42 USC 6623.>> INTERAGENCY PUBLIC ACCESS COMMITTEE.
(a) Establishment.--The Director shall establish a working group
under the National Science and Technology Council with
[[Page 124 STAT. 3987]]
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 interests
that need to be addressed by any policies coordinated under (a);
(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) take into consideration 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--
[[Page 124 STAT. 3988]]
(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. 104. <<NOTE: 42 USC 6624.>> 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 <<NOTE: Consultation.>> 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 <<NOTE: Web site.>> 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) <<NOTE: Consultation.>> 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.
[[Page 124 STAT. 3989]]
(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. 105. PRIZE COMPETITIONS.
(a) In General.--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. <<NOTE: 15 USC 3719.>> 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) <<NOTE: Consultation.>> 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) <<NOTE: Federal Register, publication. Notice.>> 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.
[[Page 124 STAT. 3990]]
``(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
[[Page 124 STAT. 3991]]
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) <<NOTE: Appointment.>> 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. 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--
[[Page 124 STAT. 3992]]
``(i) <<NOTE: Notice.>> 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) <<NOTE: Time period.>> 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) <<NOTE: Deadline. Guidelines.>> 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. <<NOTE: Contracts.>> 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.
``(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
[[Page 124 STAT. 3993]]
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.''.
(b) Repeal of Space Act Limitation.--Section 314(a) of the National
Aeronautics and Space Act of 1958 <<NOTE: 51 USC 20144.>> (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.''.
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. <<NOTE: 51 USC 40901 note prec.>> 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 and maintain
educational programs--
(1) to carry out and support research based programs and
activities designed to increase student interest and
participation in STEM, including students from minority and
underrepresented groups;
(2) to improve public literacy in STEM;
(3) that employ proven strategies and methods for improving
student learning and teaching in STEM;
(4) to provide curriculum support materials and other
resources that--
(A) are designed to be integrated with comprehensive
STEM education;
[[Page 124 STAT. 3994]]
(B) are aligned with national science education
standards;
(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 content and knowledge of the
teachers, including through programs linking STEM teachers with
STEM educators at the higher education level.
SEC. 203. <<NOTE: 51 USC 30501 note prec.>> ASSESSMENT OF IMPEDIMENTS
TO SPACE SCIENCE AND ENGINEERING WORKFORCE DEVELOPMENT FOR
MINORITY AND UNDERREPRESENTED GROUPS AT NASA.
(a) <<NOTE: Contracts.>> Assessment.--The Administrator shall enter
into an arrangement for an independent assessment of any impediments to
space science and engineering workforce development for minority and
underrepresented groups at NASA, including recommendations on--
(1) measures to address such impediments;
(2) opportunities for augmenting the impact of space science
and engineering workforce development activities and for
expanding proven, effective programs; and
(3) best practices and lessons learned, as identified
through the assessment, to help maximize the effectiveness of
existing and future programs to increase the participation of
minority and underrepresented groups in the space science and
engineering workforce at NASA.
(b) Report.--A report on the assessment carried out under subsection
(a) shall be transmitted to the House of Representatives Committee on
Science and Technology and the Senate Committee on Commerce, Science,
and Transportation not later than 15 months after the date of enactment
of this Act.
(c) Implementation.--To the extent practicable, the Administrator
shall take all necessary steps to address any impediments identified in
the assessment.
SEC. 204. <<NOTE: 51 USC 20303 note.>> 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
[[Page 124 STAT. 3995]]
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. 205. STUDY OF POTENTIAL COMMERCIAL ORBITAL PLATFORM PROGRAM IMPACT
ON SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS.
(a) In General.--Section 1003 of the National Aeronautics and Space
Administration Authorization Act of 2010 (42 U.S.C. 18421) is amended to
read as follows:
``SEC. 1003. <<NOTE: 42 USC 18421.>> STUDY OF POTENTIAL COMMERCIAL
ORBITAL PLATFORM PROGRAM IMPACT ON SCIENCE, TECHNOLOGY,
ENGINEERING, AND MATHEMATICS.
``A fundamental and unique capability of NASA is in stimulating
science, technology, engineering, and mathematics education in the
United States. In ensuring maximum use of that capability, the
Administrator shall carry out a study to--
``(1) identify the benefits of and lessons learned from
ongoing and previous NASA orbital student programs including, at
a minimum, the Get Away Special (GAS) and Earth Knowledge
Acquired by Middle School Students (EarthKAM) programs, on
science, technology, engineering, and mathematics education;
``(2) assess the potential impacts on science, technology,
engineering, and mathematics education of a program that would
facilitate the development of scientific and educational
payloads involving United States students and educators and the
flights of those payloads on commercially available orbital
platforms, when available and operational, with the goal of
providing frequent and regular payload launches;
``(3) identify NASA expertise, such as NASA science,
engineering, payload development, and payload operations, that
[[Page 124 STAT. 3996]]
could be made available to facilitate a science, technology,
engineering, and mathematics program using commercial orbital
platforms; and
``(4) identify the issues that would need to be addressed
before NASA could properly assess the merits and feasibility of
the program described in paragraph (2).''.
(c) <<NOTE: 42 USC 18421 note.>> Effective Date.--The amendment
made by subsection (a) shall take effect on October 12, 2010.
SEC. 206. <<NOTE: 51 USC 10101 note.>> 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--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
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) Oceanic 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 United States 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 oceanic 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 NOAA'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 the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on Science and
Technology that describes 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--
[[Page 124 STAT. 3997]]
``(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.''.
SEC. 302. OCEANIC 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) promote 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, including through programs linking STEM teachers with
STEM educators at the higher education level.'';
(4) by striking ``develop'' in subsection (c), as
redesignated, and inserting ``maintain''; and
(5) by adding at the end thereof the following:
``(e) STEM Defined.--In this section, the term `STEM' means the
academic and professional disciplines of science, technology,
engineering, and mathematics.''.
[[Page 124 STAT. 3998]]
SEC. 303. <<NOTE: 33 USC 893c.>> 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) <<NOTE: Consultation.>> Coordination.--The Secretary of
Commerce 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 of Commerce 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) <<NOTE: Evaluation.>> Program and Plan.--The Administrator of
the National Oceanic and Atmospheric Administration 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.
[[Page 124 STAT. 3999]]
TITLE IV--NATIONAL INSTITUTE <<NOTE: National Institute of Standards and
Technology Authorization Act of 2010.>> 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 $918,900,000 for the National
Institute of Standards and Technology for fiscal year 2011.
(2) Specific allocations.--Of the amount authorized by
paragraph (1)--
(A) $584,500,000 shall be authorized for scientific
and technical research and services laboratory
activities;
(B) $124,800,000 shall be authorized for the
construction and maintenance of facilities; and
(C) $209,600,000 shall be authorized for industrial
technology services activities, of which--
(i) $141,100,000 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
(ii) $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 $970,800,000 for the National
Institute of Standards and Technology for fiscal year 2012.
(2) Specific allocations.--Of the amount authorized by
paragraph (1)--
(A) $661,100,000 shall be authorized for scientific
and technical research and services laboratory
activities;
(B) $84,900,000 shall be authorized for the
construction and maintenance of facilities; and
(C) $224,800,000 shall be authorized for industrial
technology services activities, of which--
(i) $155,100,000 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
(ii) $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 $1,039,709,000 for the National
Institute of Standards and Technology for fiscal year 2013.
[[Page 124 STAT. 4000]]
(2) Specific allocations.--Of the amount authorized by
paragraph (1)--
(A) $676,700,000 shall be authorized for scientific
and technical research and services laboratory
activities;
(B) $121,300,000 shall be authorized for the
construction and maintenance of facilities; and
(C) $241,709,000 shall be authorized for industrial
technology services activities, of which--
(i) $165,100,000 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
(ii) $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.--The National Institute of Standards and
Technology Act is amended by inserting after section 3 the following:
``SEC. 4. <<NOTE: 15 USC 273a.>> 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) <<NOTE: President.>> 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.
[[Page 124 STAT. 4001]]
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 shall 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, greenhouse gas
emissions, and environmental waste to improve
profitability;
``(B) accelerating the domestic commercialization of
new product technologies, including components for
renewable energy and energy efficiency systems; and
``(C) identification of and diversification to new
markets, including support for transitioning to the
production of components for renewable energy and energy
efficiency 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) <<NOTE: Deadline. Reports.>> Not later than 90 days
after the date of enactment of the National Institute of
Standards and Technology Authorization Act of 2010, the
Comptroller General 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 effect of such cost
share structures on individual Centers and the overall
program; and
[[Page 124 STAT. 4002]]
``(B) include recommendations for how best to
structure the cost share requirement to provide for the
long-term sustainability of the program.''.
``(8) If consistent with the recommendations in the report
transmitted to Congress under paragraph (7), the Secretary shall
alter the cost structure requirements specified under paragraph
(3)(B) and (5) provided that the modification does not increase
the cost share structure in place before the date of enactment
of the America COMPETES Reauthorization Act of 2010, or allow
the Secretary to provide a Center more than 50 percent of the
costs incurred by that Center.''.
(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.''.
[[Page 124 STAT. 4003]]
(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) <<NOTE: Plans.>> 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. <<NOTE: 15 USC 278n-1.>> 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.''.
[[Page 124 STAT. 4004]]
(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-2) is amended
by striking ``, in conjunction with the National Academy of Sciences,''.
(b) Research Fellowships.--Section 18(a) of that Act (15 USC 278g-
1(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. <<NOTE: 15 USC 278n-2.>> 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, including high
performance green building standards, and the creation of an
information infrastructure to communicate sustainability
information about suppliers; and
(3) to move buildings toward becoming high performance green
buildings, including improving energy performance, service life,
and indoor air quality of new and retrofitted buildings through
validated measurement data.
SEC. 409. <<NOTE: 15 USC 278n-1 note.>> 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).
(3) High performance green building.--The term ``high
performance green building'' has the meaning given that term by
section 401(13) of the Energy Independence and Security Act of
2009 (42 U.S.C. 17061(13)).
[[Page 124 STAT. 4005]]
TITLE V--SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS SUPPORT
PROGRAMS
SUBTITLE <<NOTE: National Science Foundation Authorization Act of
2010.>> A--NATIONAL SCIENCE FOUNDATION
SEC. 501. <<NOTE: 42 USC 1861 note.>> SHORT TITLE.
This subtitle may be cited as the ``National Science Foundation
Authorization Act of 2010''.
SEC. 502. <<NOTE: 42 USC 1862p note.>> DEFINITIONS.
In this subtitle:
(1) Director.--The term ``Director'' means the Director of
the National Science Foundation.
(2) EPSCoR.--The term ``EPSCoR'' means the Experimental
Program to Stimulate Competitive Research.
(3) 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).
(4) 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)).
(5) 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.
(6) 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 $7,424,400,000 for fiscal year 2011.
(2) Specific allocations.--Of the amount authorized by
paragraph (1)--
(A) $5,974,782,000 shall be made available to carry
research and related activities;
(B) $937,850,000 shall be made available for
education and human resources;
(C) $164,744,000 shall be made available for major
research equipment and facilities construction;
(D) $327,503,000 shall be made available for agency
operations and award management;
(E) $4,803,000 shall be made available for the
Office of the National Science Board; and
(F) $14,718,000 shall be made available for the
Office of Inspector General.
(b) Fiscal Year 2012.--
[[Page 124 STAT. 4006]]
(1) In general.--There are authorized to be appropriated to
the Foundation $7,800,000,000 for fiscal year 2012.
(2) Specific allocations.--Of the amount authorized by
paragraph (1)--
(A) $6,234,281,000 shall be made available to carry
research and related activities;
(B) $978,959,000 shall be made available for
education and human resources;
(C) $225,544,000 shall be made available for major
research equipment and facilities construction;
(D) $341,676,000 shall be made available for agency
operations and award management;
(E) $4,808,000 shall be made available for the
Office of the National Science Board; and
(F) $14,732,000 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 $8,300,000,000 for fiscal year 2013.
(2) Specific allocations.--Of the amount authorized by
paragraph (1)--
(A) $6,637,849,000 shall be made available to carry
research and related activities;
(B) $1,041,762,000 shall be made available for
education and human resources;
(C) $236,764,000 shall be made available for major
research equipment and facilities construction;
(D) $363,670,000 shall be made available for agency
operations and award management;
(E) $4,906,000 shall be made available for the
Office of the National Science Board; and
(F) $15,049,000 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.''.
[[Page 124 STAT. 4007]]
SEC. 505. <<NOTE: 42 USC 1862p.>> 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) <<NOTE: Reports. Public information.>> 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. <<NOTE: Grants. 42 USC 1862p-1.>> 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.
[[Page 124 STAT. 4008]]
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. <<NOTE: 42 USC 1862p-2.>> PARTNERSHIPS FOR INNOVATION.
(a) <<NOTE: Grants.>> 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 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 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 and at
least one of the following:
(A) A minority serving institution.
(B) A primarily undergraduate institution.
[[Page 124 STAT. 4009]]
(C) A 2-year institution of higher education.
(c) Program.--Proposals funded under this section shall seek--
(1) to increase the 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. <<NOTE: Grants. 42 USC 1862p-3.>> SUSTAINABLE 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.
[[Page 124 STAT. 4010]]
SEC. 510. GRADUATE STUDENT SUPPORT.
(a) <<NOTE: 42 USC 1869 note.>> 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) <<NOTE: Effective date. 42 USC 1869 note.>> 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(a)(2)(A) of the
National Science Foundation Authorization Act of 2002 (42 U.S.C. 1862n-
1a(a)(2)(A)) is amended by inserting ``including retiring professionals
in those fields,'' after ``mathematics professionals,''.
[[Page 124 STAT. 4011]]
SEC. 512 <<NOTE: 42 USC 1862p-4.>> 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, the Tribal Colleges and
Universities Program, and Hispanic-serving institutions as separate
programs.
SEC. 513. <<NOTE: 42 USC 1862p-5.>> 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. <<NOTE: 42 USC 1862p-6.>> RESEARCH EXPERIENCES FOR
UNDERGRADUATES.
(a) <<NOTE: Grants.>> 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.
[[Page 124 STAT. 4012]]
SEC. 515. <<NOTE: 42 USC 1862p-7.>> 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 subsection (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 unless private sector
entities match 75 percent of such funding; or
(2) <<NOTE: Payments.>> 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. <<NOTE: 42 USC 1862p-8.>> CYBER-ENABLED LEARNING FOR NATIONAL
CHALLENGES.
The Director shall, in consultation with appropriate Federal
agencies, identify ways to use cyber-enabled learning to create
[[Page 124 STAT. 4013]]
an innovative STEM workforce and to help retrain and retain our existing
STEM workforce to address national challenges, including national
security and competitiveness, and use technology to enhance or
supplement laboratory based learning.
SEC. 517. <<NOTE: 42 USC 1862p-9.>> EXPERIMENTAL PROGRAM TO STIMULATE
COMPETITIVE RESEARCH.
(a) Findings.--The Congress finds that--
(1) The National Science Foundation Act of 1950 stated, ``it
shall be an objective of the Foundation to strengthen research
and education in the sciences and engineering, including
independent research by individuals, throughout the United
States, and to avoid undue concentration of such research and
education,'';
(2) National Science Foundation funding remains highly
concentrated, with 27 States and 2 jurisdictions, taken
together, receiving only about 10 percent of all NSF research
funding; each of these States received only a fraction of one
percent of Foundation's research dollars each year;
(3) the Nation requires the talent, expertise, and research
capabilities of all States in order to prepare sufficient
numbers of scientists and engineers, remain globally competitive
and support economic development.
(b) Continuation of Program.--The Director shall continue to carry
out EPSCoR, with the objective of helping the eligible States to develop
the research infrastructure that will make them more competitive for
Foundation and other Federal research funding. The program shall
continue to increase as the National Science Foundation funding
increases.
(c) Congressional Reports.--The Director shall report to the
appropriate committees of Congress on an annual basis, using the most
recent available data--
(1) the total amount made available, by State, under EPSCoR;
(2) the amount of co-funding made available to EPSCoR
States;
(3) the total amount of National Science Foundation funding
made available to all institutions and entities within EPSCoR
States; and
(4) efforts and accomplishments to more fully integrate the
29 EPSCoR jurisdictions in major activities and initiatives of
the Foundation.
(d) Coordination of EPSCoR and Similar Federal Programs.--
(1) Another finding.--The Congress finds that a number of
Federal agencies have programs, such as Experimental Programs to
Stimulate Competitive Research and the National Institutes of
Health Institutional Development Award program, designed to
increase the capacity for and quality of science and technology
research and training at academic institutions in States that
historically have received relatively little Federal research
and development funding.
(2) Coordination required.--The EPSCoR Interagency
Coordinating Committee, chaired by the National Science
Foundation, shall--
(A) coordinate EPSCoR and Federal EPSCoR-like
programs to maximize the impact of Federal support for
[[Page 124 STAT. 4014]]
building competitive research infrastructure, and in
order to achieve an integrated Federal effort;
(B) coordinate agency objectives with State and
institutional goals, to obtain continued non-Federal
support of science and technology research and training;
(C) develop metrics to assess gains in academic
research quality and competitiveness, and in science and
technology human resource development;
(D) conduct a cross-agency evaluation of EPSCoR and
other Federal EPSCoR-like programs and accomplishments,
including management, investment, and metric-measuring
strategies implemented by the different agencies aimed
to increase the number of new investigators receiving
peer-reviewed funding, broaden participation, and
empower knowledge generation, dissemination,
application, and national research and development
competitiveness;
(E) coordinate the development and implementation of
new, novel workshops, outreach activities, and follow-up
mentoring activities among EPSCoR or EPSCoR-like
programs for colleges and universities in EPSCoR States
and territories in order to increase the number of
proposals submitted and successfully funded and to
enhance statewide coordination of EPSCoR and Federal
EPSCoR-like programs;
(F) coordinate the development of new, innovative
solicitations and programs to facilitate collaborations,
partnerships, and mentoring activities among faculty at
all levels in non-EPSCoR and EPSCoR States and
jurisdictions;
(G) conduct an evaluation of the roles,
responsibilities and degree of autonomy that program
officers or managers (or the equivalent position) have
in executing EPSCoR programs at the different Federal
agencies and the impacts these differences have on the
number of EPSCoR State and jurisdiction faculty
participating in the peer review process and the
percentage of successful awards by individual EPSCoR
State jurisdiction and individual researcher; and
(H) <<NOTE: Survey.>> conduct a survey of colleges
and university faculty at all levels regarding their
knowledge and understanding of EPSCoR, and their level
of interaction with and knowledge about their respective
State or Jurisdictional EPSCoR Committee.
(3) Meetings and reports.--The Committee shall meet at least
twice each fiscal year and shall submit an annual report to the
appropriate committees of Congress describing progress made in
carrying out paragraph (2).
(e) Federal Agency Reports.--Each Federal agency that administers an
EPSCoR or Federal EPSCoR-like program shall submit to the OSTP as part
of its Federal budget submission--
(1) a description of the program strategy and objectives;
(2) a description of the awards made in the previous year,
including--
(A) the percentage of reviewers and number of new
reviewers from EPSCoR States;
(B) the percentage of new investigators from EPSCoR
States;
[[Page 124 STAT. 4015]]
(C) the number of programs or large collaborator
awards involving a partnership of organizations and
institutions from EPSCoR and non-EPSCoR States; and
(3) an analysis of the gains in academic research quality
and competitiveness, and in science and technology human
resource development, achieved by the program in the last year.
(f) National Academy of Sciences Study.--
(1) <<NOTE: Contracts.>> In general.--The Director shall
contract with the National Academy of Sciences to conduct a
study on all Federal agencies that administer an Experimental
Program to Stimulate Competitive Research or a program similar
to the Experimental Program to Stimulate Competitive Research.
(2) Matters to be addressed.--The study conducted under
paragraph (1) shall include the following:
(A) A delineation of the policies of each Federal
agency with respect to the awarding of grants to EPSCoR
States.
(B) The effectiveness of each program.
(C) Recommendations for improvements for each agency
to achieve EPSCoR goals.
(D) An assessment of the effectiveness of EPSCoR
States in using awards to develop science and
engineering research and education, and science and
engineering infrastructure within their States.
(E) Such other issues that address the effectiveness
of EPSCoR as the National Academy of Sciences considers
appropriate.
SEC. 518. SENSE OF THE CONGRESS REGARDING THE SCIENCE, TECHNOLOGY,
ENGINEERING, AND MATHEMATICS TALENT EXPANSION PROGRAM.
It is the sense of the Congress that--
(1) the Science, Technology, Engineering, and Mathematics
Talent Expansion Program established by the National Science
Foundation Authorization Act of 2002 continues to be an
effective program to increase the number of students, who are
citizens or permanent residents of the United States, receiving
associate or baccalaureate degrees in established or emerging
fields within science, technology, engineering, and mathematics,
and its authorization continues;
(2) the strategies employed continue to strengthen mentoring
and tutoring between faculty and students and provide students
with information and exposure to potential career pathways in
science, technology, engineering, and mathematics areas;
(3) this highly competitive program awarded 145 Program
implementation awards and 12 research projects in the first 6
years of operations; and
(4) the Science, Technology, Engineering, and Mathematics
Talent Expansion Program should continue to be supported by the
National Science Foundation.
SEC. 519. SENSE OF THE CONGRESS REGARDING THE NATIONAL SCIENCE
FOUNDATION'S CONTRIBUTIONS TO BASIC RESEARCH AND EDUCATION.
(a) Findings.--The Congress finds that--
(1) the National Science Foundation is an independent
Federal agency created by Congress in 1950 to, among other
[[Page 124 STAT. 4016]]
things, promote the progress of science, to advance the national
health, prosperity, and welfare, and to secure the national
defense;
(2) the Foundation is the funding source for approximately
20 percent of all federally supported basic research conducted
by America's colleges and universities, and is the major source
of Federal backing for mathematics, computer science and other
sciences;
(3) the America COMPETES Act of 2007 helped rejuvenate our
focus on increasing basic research investment in the physical
sciences, strengthening educational opportunities in the
science, technology, engineering, and mathematics fields and
developing a robust innovation infrastructure; and
(4) reauthorization of the America COMPETES Act should
continue a robust investment in basic research and education and
preserve the essence of the original Act by increasing the
investment focus on science, technology, engineering, and
mathematics basic research and education as a national priority.
(b) Sense of the Congress.--It is the sense of the Congress that--
(1) the National Science Foundation is the finest scientific
foundation in the world, and is a vital agency that must support
basic research needed to advance the United States into the 21st
century;
(2) the National Science Foundation should focus Federal
research and development resources primarily in the areas of
science, technology, engineering, and mathematics basic research
and education; and
(3) the National Science Foundation should strive to ensure
that federally-supported research is of the finest quality, is
ground breaking, and answers questions or solves problems that
are of utmost importance to society at large.
SEC. 520. <<NOTE: 42 USC 1862p-10.>> ACADEMIC TECHNOLOGY TRANSFER AND
COMMERCIALIZATION OF UNIVERSITY RESEARCH.
(a) <<NOTE: Reports. Deadline. Web site.>> In General.--Any
institution of higher education (as such term is defined in section
101(A) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))) that
receives National Science Foundation research support and has received
at least $25,000,000 in total Federal research grants in the most recent
fiscal year shall keep, maintain, and report annually to the National
Science Foundation the universal record locator for a public website
that contains information concerning its general approach to and
mechanisms for transfer of technology and the commercialization of
research results, including--
(1) contact information for individuals and university
offices responsible for technology transfer and
commercialization;
(2) information for both university researchers and industry
on the institution's technology licensing and commercialization
strategies;
(3) success stories, statistics, and examples of how the
university supports commercialization of research results;
(4) technologies available for licensing by the university
where appropriate; and
[[Page 124 STAT. 4017]]
(5) any other information deemed by the institution to be
helpful to companies with the potential to commercialize
university inventions.
(b) NSF Website.--The National Science Foundation shall create and
maintain a website accessible to the public that links to each website
mentioned under (a).
(c) Trade Secret Information.--Notwithstanding subsection (a), an
institution shall not be required to reveal confidential, trade secret,
or proprietary information on its website.
SEC. 521. STUDY TO DEVELOP IMPROVED IMPACT-ON-SOCIETY METRICS.
(a) <<NOTE: Deadline. Contracts.>> In General.--Within 180 days
after the date of enactment of this Act, the Director of the National
Science Foundation shall contract with the National Academy of Sciences
to initiate a study to evaluate, develop, or improve metrics for
measuring the potential impact-on-society, including--
(1) the potential for commercial applications of research
studies funded in whole or in part by grants of financial
assistance from the Foundation or other Federal agencies;
(2) the manner in which research conducted at, and
individuals graduating from, an institution of higher education
contribute to the development of new intellectual property and
the success of commercial activities;
(3) the quality of relevant scientific and international
publications; and
(4) the ability of such institutions to attract external
research funding.
(b) Report.--Within 1 year after initiating the study required by
subsection (a), the Director shall submit a report to the Senate
Committee on Commerce, Science, and Transportation and the House of
Representatives Committee on Science and Technology setting forth the
Director's findings, conclusions, and recommendations.
SEC. 522. <<NOTE: 42 USC 1862p-11.>> NSF GRANTS IN SUPPORT OF SPONSORED
POST-DOCTORAL FELLOWSHIP PROGRAMS.
The Director of the National Science Foundation may utilize funds
appropriated to carry out grants to institutions of higher education (as
such term is defined in section 101(a) of the Higher Education Act of
1965 (20 U.S.C. 1001(a))) to provide financial support for post-graduate
research in fields with potential commercial applications to match, in
whole or in part, any private sector grant of financial assistance to
any post-doctoral program in such a field of study.
SEC. 523. COLLABORATION IN PLANNING FOR STEWARDSHIP OF LARGE-SCALE
FACILITIES.
It is the sense of Congress that--
(1) the Foundation should, in its planning for construction
and stewardship of large facilities, coordinate and collaborate
with other Federal agencies, including the Department of
Energy's Office of Science, to ensure that joint investments may
be made when practicable;
(2) in particular, the Foundation should ensure that it
responds to recommendations by the National Academy of Sciences
and working groups convened by the National Science
[[Page 124 STAT. 4018]]
and Technology Council regarding such facilities and
opportunities for partnership with other agencies in the design
and construction of such facilities; and
(3) for facilities in which research in multiple disciplines
will be possible, the Director should include multiple units
within the Foundation during the planning process.
SEC. 524. <<NOTE: 42 USC 1862p-12.>> CLOUD COMPUTING RESEARCH
ENHANCEMENT.
(a) Research Focus Area.--The Director may support a national
research agenda in key areas affected by the increased use of public and
private cloud computing, including--
(1) new approaches, techniques, technologies, and tools
for--
(A) optimizing the effectiveness and efficiency of
cloud computing environments; and
(B) mitigating security, identity, privacy,
reliability, and manageability risks in cloud-based
environments, including as they differ from traditional
data centers;
(2) new algorithms and technologies to define, assess, and
establish large-scale, trustworthy, cloud-based infrastructures;
(3) models and advanced technologies to measure, assess,
report, and understand the performance, reliability, energy
consumption, and other characteristics of complex cloud
environments; and
(4) advanced security technologies to protect sensitive or
proprietary information in global-scale cloud environments.
(b) Establishment.--
(1) In general.--Not later than 60 days after the date of
enactment of this Act, the Director shall initiate a review and
assessment of cloud computing research opportunities and
challenges, including research areas listed in subsection (a),
as well as related issues such as--
(A) the management and assurance of data that are
the subject of Federal laws and regulations in cloud
computing environments, which laws and regulations exist
on the date of enactment of this Act;
(B) misappropriation of cloud services, piracy
through cloud technologies, and other threats to the
integrity of cloud services;
(C) areas of advanced technology needed to enable
trusted communications, processing, and storage; and
(D) other areas of focus determined appropriate by
the Director.
(2) Unsolicited proposals.--The Director may accept
unsolicited proposals that review and assess the issues
described in paragraph (1). The proposals may be judged
according to existing criteria of the National Science
Foundation.
(c) Report.--The Director shall provide an annual report for not
less than 5 consecutive years to Congress on the outcomes of National
Science Foundation investments in cloud computing research,
recommendations for research focus and program improvements, or other
related recommendations. <<NOTE: Web posting.>> The reports, including
any interim findings or recommendations, shall be made publicly
available on the website of the National Science Foundation.
(d) NIST Support.--The Director of the National Institute of
Standards and Technology shall--
[[Page 124 STAT. 4019]]
(1) collaborate with industry in the development of
standards supporting trusted cloud computing infrastructures,
metrics, interoperability, and assurance; and
(2) support standards development with the intent of
supporting common goals.
SEC. 525. <<NOTE: 42 USC 1862p-13. Grants.>> TRIBAL COLLEGES AND
UNIVERSITIES PROGRAM.
(a) In General.--The Director shall continue to support a program to
award grants on a competitive, merit-reviewed basis to tribal colleges
and universities (as defined in section 316 of the Higher Education Act
of 1965 (20 U.S.C. 1059c), including institutions described in section
317 of such Act (20 U.S.C. 1059d), to enhance the quality of
undergraduate STEM education at such institutions and to increase the
retention and graduation rates of Native American students pursuing
associate's or baccalaureate degrees in STEM.
(b) Program Components.--Grants awarded under this section shall
support--
(1) activities to improve courses and curriculum in STEM;
(2) faculty development;
(3) stipends for undergraduate students participating in
research; and
(4) other activities consistent with subsection (a), as
determined by the Director.
(c) Instrumentation.--Funding provided under this section may be
used for laboratory equipment and materials.
SEC. 526. <<NOTE: 42 USC 1862p-14.>> BROADER IMPACTS REVIEW CRITERION.
(a) Goals.--The Foundation shall apply a Broader Impacts Review
Criterion to achieve the following goals:
(1) Increased economic competitiveness of the United States.
(2) Development of a globally competitive STEM workforce.
(3) Increased participation of women and underrepresented
minorities in STEM.
(4) Increased partnerships between academia and industry.
(5) Improved pre-K-12 STEM education and teacher
development.
(6) Improved undergraduate STEM education.
(7) Increased public scientific literacy.
(8) Increased national security.
(b) Policy.--Not later than 6 months after the date of enactment of
this Act, the Director shall develop and implement a policy for the
Broader Impacts Review Criterion that--
(1) provides for educating professional staff at the
Foundation, merit review panels, and applicants for Foundation
research grants on the policy developed under this subsection;
(2) clarifies that the activities of grant recipients
undertaken to satisfy the Broader Impacts Review Criterion
shall--
(A) to the extent practicable employ proven
strategies and models and draw on existing programs and
activities; and
(B) when novel approaches are justified, build on
the most current research results;
(3) allows for some portion of funds allocated to broader
impacts under a research grant to be used for assessment and
evaluation of the broader impacts activity;
[[Page 124 STAT. 4020]]
(4) encourages institutions of higher education and other
nonprofit education or research organizations to develop and
provide, either as individual institutions or in partnerships
thereof, appropriate training and programs to assist Foundation-
funded principal investigators at their institutions in
achieving the goals of the Broader Impacts Review Criterion as
described in subsection (a); and
(5) requires principal investigators applying for Foundation
research grants to provide evidence of institutional support for
the portion of the investigator's proposal designed to satisfy
the Broader Impacts Review Criterion, including evidence of
relevant training, programs, and other institutional resources
available to the investigator from either their home institution
or organization or another institution or organization with
relevant expertise.
SEC. 527. <<NOTE: 42 USC 1862p-15. Grants.>> TWENTY-FIRST CENTURY
GRADUATE EDUCATION.
(a) In General.--The Director shall award grants, on a competitive,
merit-reviewed basis, to institutions of higher education to implement
or expand research-based reforms in master's and doctoral level STEM
education that emphasize preparation for diverse careers utilizing STEM
degrees, including at diverse types of institutions of higher education,
in industry, and at government agencies and research laboratories.
(b) Uses of Funds.--Activities supported by grants under this
section may include--
(1) creation of multidisciplinary or interdisciplinary
courses or programs for the purpose of improved student
instruction and research in STEM;
(2) expansion of graduate STEM research opportunities to
include interdisciplinary research opportunities and research
opportunities in industry, at Federal laboratories, and at
international research institutions or research sites;
(3) development and implementation of future faculty
training programs focused on improved instruction, mentoring,
assessment of student learning, and support of undergraduate
STEM students;
(4) support and training for graduate students to
participate in instructional activities beyond the traditional
teaching assistantship, and especially as part of ongoing
educational reform efforts, including at pre-K-12 schools, and
primarily undergraduate institutions;
(5) creation, improvement, or expansion of innovative
graduate programs such as science master's degree programs;
(6) development and implementation of seminars, workshops,
and other professional development activities that increase the
ability of graduate students to engage in innovation, technology
transfer, and entrepreneurship;
(7) development and implementation of seminars, workshops,
and other professional development activities that increase the
ability of graduate students to effectively communicate their
research findings to technical audiences outside of their own
discipline and to nontechnical audiences;
(8) expansion of successful STEM reform efforts beyond a
single academic unit to other STEM academic units within an
institution or to comparable academic units at other
institutions; and
[[Page 124 STAT. 4021]]
(9) research on teaching and learning of STEM at the
graduate level related to the proposed reform effort, including
assessment and evaluation of the proposed reform activities and
research on scalability and sustainability of approaches to
reform.
(c) Partnership.--An institution of higher education may partner
with one or more other nonprofit education or research organizations,
including scientific and engineering societies, for the purposes of
carrying out the activities authorized under this section.
(d) Selection Process.--
(1) Applications.--An institution of higher education
seeking a grant under this section shall submit an application
to the Director at such time, in such manner, and containing
such information as the Director may require. The application
shall include, at a minimum--
(A) a description of the proposed reform effort;
(B) in the case of applications that propose an
expansion of a previously implemented reform effort at
the applicant's institution or at other institutions, a
description of the previously implemented reform effort;
(C) evidence of institutional support for, and
commitment to, the proposed reform effort, including
long-term commitment to implement successful strategies
from the current reform effort beyond the academic unit
or units included in the grant proposal or to
disseminate successful strategies to other institutions;
and
(D) a description of the plans for assessment and
evaluation of the grant proposed reform activities.
(2) Review of applications.--In selecting grant recipients
under this section, the Director shall consider at a minimum--
(A) the likelihood of success in undertaking the
proposed effort at the institution submitting the
application, including the extent to which the faculty,
staff, and administrators of the institution are
committed to making the proposed institutional reform a
priority of the participating academic unit or units;
(B) the degree to which the proposed reform will
contribute to change in institutional culture and policy
such that a greater value is placed on preparing
graduate students for diverse careers utilizing STEM
degrees;
(C) the likelihood that the institution will sustain
or expand the reform beyond the period of the grant; and
(D) the degree to which scholarly assessment and
evaluation plans are included in the design of the
reform effort.
SUBTITLE B--STEM-TRAINING GRANT PROGRAM
SEC. 551. <<NOTE: 20 USC 9901.>> PURPOSE.
The purpose of this subtitle is to replicate and implement programs
at institutions of higher education that provide integrated courses of
study in science, technology, engineering, or mathematics, and teacher
education, that lead to a baccalaureate degree in science, technology,
engineering, or mathematics with concurrent teacher certification.
[[Page 124 STAT. 4022]]
SEC. 552. <<NOTE: 20 USC 9902.>> PROGRAM REQUIREMENTS.
The Director shall replicate and implement undergraduate degree
programs under this subtitle that--
(1) are designed to recruit and prepare students who pursue
a baccalaureate degree in science, technology, engineering, or
mathematics to become certified as elementary and secondary
teachers;
(2) require the education department (or its equivalent) and
the departments or division responsible for preparation of
science, technology, engineering, and mathematics majors at an
institution of higher education to collaborate in establishing
and implementing the program at that institution;
(3) require students participating in the program to enter
the program through a field-based course and to continue to
complete field-based courses supervised by master teachers
throughout the program;
(4) hire sufficient teachers so that the ratio of students
to master teachers in the program does not exceed 100 to 1;
(5) include instruction in the use of scientifically-based
instructional materials and methods, assessments, pedagogical
content knowledge (including the interaction between mathematics
and science), the use of instructional technology, and how to
incorporate State and local standards into the classroom
curriculum;
(6) restrict to students participating in the program those
courses that are specifically designed for the needs of teachers
of science, technology, engineering, and mathematics; and
(7) require students participating in the program to
successfully complete a final evaluation of their teaching
proficiency, based on their classroom teaching performance,
conducted by multiple trained observers, and a portfolio of
their accomplishments.
SEC. 553. <<NOTE: 20 USC 9903.>> GRANT PROGRAM.
(a) In General.--The Director shall establish a grant program to
support programs at institutions of higher education to carry out the
purpose of this subtitle.
(b) Geographical Considerations.--In the administration of this
subtitle, the Director shall take such steps as may be necessary to
ensure that grants are equitably distributed across all regions of the
United States, taking into account population density and other
geographic and demographic considerations.
(c) Amount of Grant.--Subject to the requirements of subsection (d),
the Director may award grants annually on a competitive basis to
institutions of higher education in the amount of $2,000,000, per
institution of which--
(1) $1,500,000 shall be used--
(A) to design, implement, and evaluate a program
that meets the requirements of section 552;
(B) to employ master teachers at the institution to
oversee field experiences;
(C) to provide a stipend to mentor teachers
participating in the program; and
(D) to support curriculum development and
implementation strategies for science, technology,
[[Page 124 STAT. 4023]]
engineering, and mathematics content courses taught
through the program; and
(2) up to $500,000 shall be set aside by the grantee for
technical support and evaluation services from the institution
whose programs will be replicated.
(d) Eligibility.--To be eligible to apply for a grant under this
section, an institution of higher education shall--
(1) include former secondary school science, technology,
engineering, or mathematics master teachers as faculty in its
science department for this program;
(2) grant terminal degrees in science, technology,
engineering, and mathematics; and
(3) have a process to be used in establishing partnerships
with local educational agencies for placement of participating
students in their field experiences, including a process for
identifying mentor teachers working in local schools to
supervise classroom field experiences in cooperation with
university-based master teachers;
(4) maintain policies allowing flexible entry to the program
throughout the undergraduate coursework;
(5) require that master teachers employed by the institution
will supervise field experiences of students in the program;
(6) require that the program complies with State
certification or licensing requirements and the requirements
under section 9101(23) of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7801(23)) for highly qualified teachers;
(7) develop during the course of the grant a plan for long-
term support and assessment of its graduates, which shall
include--
(A) induction support for graduates in their first
one to two years of teaching;
(B) systems to determine the teaching status of
graduates and thereby determine retention rates; and
(C) methods to analyze the achievement of students
taught by graduates, and methods to analyze classroom
practices of graduates; and
(8) be able upon completion of the grant at the end of 5
years to fund essential program costs, including salaries of
master teachers and other necessary personnel, from recurring
university budgets.
(e) Application Requirements.--An institution of higher education
seeking a grant under the program shall submit an application to the
Director in such form, at such time, and containing such information and
assurances as the Director may require, including--
(1) a description of the current rate at which individuals
majoring in science, technology, engineering, and mathematics
become certified as elementary and secondary teachers;
(2) a description for the institution's plan for increasing
the numbers of students enrolled in and graduating from the
program supported under this subtitle;
(3) a description of the institution's capacity to develop a
program in which individuals majoring in science, technology,
engineering, and mathematics can become certified as elementary
and secondary teachers;
(4) identification of the organizational unit within the
department or division of arts and sciences or the science
[[Page 124 STAT. 4024]]
department at the institution that will adopt teacher
certification for elementary and secondary teachers as its
primary mission;
(5) identification of core faculty within the department or
division of arts and sciences or the science department at the
institution to champion teacher preparation in their departments
by teaching courses dedicated to preparing future elementary and
secondary school teachers, helping create new degree plans,
advising prospective students within their major, and assisting
as needed with program administration;
(6) identification of core faculty in the education
department or its equivalent at the institution to champion
teacher preparation by creating and teaching courses specific to
the preparation of science, technology, engineering, and
mathematics and working closely with colleagues in the
department or division of arts and sciences or the science
department; and
(7) a description of involving practical, field-based
experience in teaching and degree plans enabling students to
graduate in 4 years with a major in science, technology,
engineering, or mathematics and elementary or secondary school
teacher certification.
(f) Matching Requirement.--An institution of higher education may
not receive a grant under this section unless it provides, from non-
federal sources, to carry out the activities supported by the grant, an
amount that is not less than--
(1) 35 percent of the amount of the grant for the first
fiscal year of the grant;
(2) 55 percent of the amount of the grant for the second and
third fiscal years of the grant; and
(3) 75 percent of the amount of the grant for the fourth and
fifth fiscal years of the grant.
(g) <<NOTE: Deadline.>> Guidance.--Within 90 days after the date of
enactment of this Act, the Director shall initiate a proceeding to
promulgate guidance for the administration of the grant program
established under subsection (a).
SEC. 554. <<NOTE: 20 USC 9904.>> GRANT OVERSIGHT AND ADMINISTRATION.
(a) In General.--The Director may execute a contract for program
oversight and fiscal management with an organization at an institution
of higher education, a non-profit organization, or other entity that
demonstrates capacity for and experience in--
(1) replicating 1 or more similar programs at regional or
national levels;
(2) providing programmatic and technical implementation
assistance for the program;
(3) performing data collection and analysis to ensure proper
implementation and continuous program improvement; and
(4) providing accountability for results by measuring and
monitoring achievement of programmatic milestones.
(b) Oversight Responsibilities.--
(1) Mandatory duties.--If the Director executes a contract
under subsection (a) with an organization for program oversight
and fiscal management, the organization shall--
(A) ensure that a grant recipient faithfully
replicates and implements the program or programs for
which the grant is awarded;
[[Page 124 STAT. 4025]]
(B) ensure that grant funds are used for the
purposes authorized and that a grant recipient has a
system in place to track and account for all Federal
grant funds provided;
(C) provide technical assistance to grant
recipients;
(D) <<NOTE: Reports. Deadline.>> collect and
analyze data and report to the Director annually on the
effects of the program on--
(i) the progress of participating students in
achieving teaching competence and teaching
certification;
(ii) the participation of students in the
program by major, compared with local and State
needs on secondary teachers by discipline; and
(iii) the participation of students in the
program by demographic subgroup;
(E) <<NOTE: Reports. Deadline.>> collect and
analyze data and report to the Director annually on the
effects of the program on the academic achievement of
elementary and secondary school students taught by
graduates of programs funded by grants under this
subtitle; and
(F) <<NOTE: Reports. Deadline.>> submit an annual
report to the Director demonstrating compliance with the
requirements of subparagraphs (A) through (E).
(2) Discretionary duties.--At the request of the Director,
the organization under contract under subsection (a) may assist
the Director in evaluating grant applications.
(c) Reports to Congress.--The Director shall submit a copy of the
annual report required by subsection (b)(1)(F) to the Senate Committee
on Commerce, Science, and Transportation, the Senate Committee on
Health, Education, Labor, and Pensions, the House of Representatives
Committee on Science and Technology, and the House of Representatives
Committee on Education and Labor.
SEC. 555. <<NOTE: 20 USC 9905.>> DEFINITIONS.
In this subtitle:
(1) Field-based course.--The term ``field-based course''
means a course of instruction offered by an institution of
higher education that includes a requirement that students teach
a minimum of 3 lessons or sequences of lessons to elementary or
secondary students.
(2) Institution of higher education.--The term ``institution
of higher education'' has the meaning given that term by section
101 of the Higher Education Act of 1965 (20 U.S.C. 1001).
(3) Master teacher.--The term ``master teacher'' means an
individual--
(A) who has been awarded a master's or doctoral
degree by an institution of higher education;
(B) whose graduate coursework included courses in
mathematics, science, computer science, or engineering;
(C) who has at least 3 years teaching experience in
K-12 settings; and
(D) whose teaching has been recognized for
exceptional accomplishments in educating students, or is
demonstrated to have resulted in improved student
achievement.
(4) Mentor teacher.--The term ``mentor teacher'' means an
elementary or secondary school classroom teacher who
[[Page 124 STAT. 4026]]
assists with the training of students participating in a field-
based course.
(5) Director.--The term ``Director'' means the Director of
the National Science Foundation.
SEC. 556. <<NOTE: 20 USC 9906.>> AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Director to carry out
this subtitle $10,000,000 for each of fiscal years 2011 through 2013.
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 106 of this Act, is amended by
adding at the end the following:
``SEC. 25. <<NOTE: Establishment. 15 USC 3720.>> 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, particularly in
States participating in the Experimental Program to Stimulate
Competitive Research;
``(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, between the
Department of Commerce and other Federal agencies, and between
the Department of Commerce and appropriate State government
agencies and institutions, 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. <<NOTE: 15 USC 3721.>> 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-
[[Page 124 STAT. 4027]]
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;
``(2) to manufacture an innovative technology product or an
integral component of such a product; or
``(3) to commercialize an innovative product, process, or
idea that was developed by research funded in whole or in part
by a grant from the Federal government.
``(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 (l).
``(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) <<NOTE: Determination.>> 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.
[[Page 124 STAT. 4028]]
``(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.
``(g) 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.
``(h) Consultation.--In establishing the terms and conditions of a
loan guarantee under this section, the Secretary shall consult with the
Secretary of the Treasury.
``(i) 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.
``(j) Records.--
``(1) <<NOTE: Regulations.>> 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,
[[Page 124 STAT. 4029]]
shall have access to records and other pertinent documents for
the purpose of conducting an audit.
``(k) 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.
``(l) 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 (i), 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.
``(m) Audit.--
``(1) <<NOTE: Contracts.>> 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.
``(n) 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.
``(o) 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.
``(p) 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.
``(q) <<NOTE: Regulations.>> 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
[[Page 124 STAT. 4030]]
`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.
``(r) 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.
``(s) 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).
``(t) Authorization of Appropriations.--There are authorized to be
appropriated $20,000,000 for each of fiscal years 2011 through 2013 to
provide the cost of loan guarantees under this section.''.
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. <<NOTE: 15 USC 3722.>> 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) 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.
[[Page 124 STAT. 4031]]
``(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 or research 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 described
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 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
[[Page 124 STAT. 4032]]
``(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) Science and Research Park Development Grants.--
``(1) In general.--As part of the program established under
subsection (a), the Secretary may award grants for the
development of feasibility studies and plans for the
construction of new science parks or the 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 predominant rural
or urban character as indicated by population density.
``(C) <<NOTE: Publication.>> Selection criteria.--
The Secretary shall publish the criteria to be utilized
in any competition 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 3 years;
``(iii) funding to be required to construct,
renovate or expand the science park during its
first 3 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;
[[Page 124 STAT. 4033]]
``(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 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) <<NOTE: Notification.>> Allocation constraints.--The
Secretary may not allocate less than one-third of the total
grant funding allocated under this section for any fiscal year
to grants under subsection (b) or this subsection without
written notification to the Senate Committee on Commerce,
Science, and Transportation and the House of Representatives
Committees on Science and Technology and on Energy and Commerce.
``(d) 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) $300,000,000 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 (c) 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)(3)(C) of this section.
[[Page 124 STAT. 4034]]
``(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.
[[Page 124 STAT. 4035]]
``(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) Evaluation of credit risk.--
``(A) The Secretary shall periodically assess the
credit risk of new and existing direct loans or
guaranteed loans.
``(B) <<NOTE: Deadline.>> 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
section; and
``(ii) <<NOTE: Reports.>> submit to Congress
a report on the review conducted under this
paragraph.
``(7) Termination.--A loan may not be guaranteed under this
section after September 30, 2013.
``(8) Authorization of appropriations.--There are authorized
to be appropriated $7,000,000 for each of fiscal years 2011
through 2013 for the cost (as defined in section 502(5) of the
Federal Credit Reform Act of 1990) of guaranteeing $300,000,000
in loans under this section, such sums to remain available until
expended.
``(e) 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
[[Page 124 STAT. 4036]]
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) Regional innovation grant program.--The Secretary
shall incorporate data and analysis relating to any grant under
subsection (b) or (c) and any loan guarantee under subsection
(d) into the program established under this subsection.
``(f) 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.
``(g) Evaluation.--
``(1) <<NOTE: Deadline. Contracts.>> In general.--Not later
than 3 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.
``(h) 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) Science park.--The term `Science park' means a
property-based venture, which has--
[[Page 124 STAT. 4037]]
``(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) a primary mission to promote 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.A science park may be owned by a
governmental or not-for-profit entity, but it may enter
into partnerships or joint ventures with for-profit
entities for development or management of specific
components of the park.
``(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.
``(i) Authorization of Appropriations.--Except as provided in
subsection (d)(8), there are authorized to be appropriated $100,000,000
for each of fiscal years 2011 through 2013 to carry out this section
(other than for loan guarantees under subsection (d)).''.
SEC. 604. <<NOTE: 15 USC 3701 note.>> STUDY ON ECONOMIC COMPETITIVENESS
AND INNOVATIVE CAPACITY OF UNITED STATES AND DEVELOPMENT OF
NATIONAL ECONOMIC COMPETITIVENESS STRATEGY.
(a) Study.--
(1) <<NOTE: Deadline.>> In general.--Not later than 1 year
after the date of the enactment of this Act, the Secretary of
Commerce shall complete a comprehensive study of the economic
competitiveness and innovative capacity of the United States.
(2) Matters covered.--The study required by paragraph (1)
shall include the following:
(A) An analysis of the United States economy and
innovation infrastructure.
(B) An assessment of the following:
(i) The current competitive and innovation
performance of the United States economy relative
to other countries that compete economically with
the United States.
(ii) Economic competitiveness and domestic
innovation in the current business climate,
including tax and Federal regulatory policy.
(iii) The business climate of the United
States and those of other countries that compete
economically with the United States.
[[Page 124 STAT. 4038]]
(iv) Regional issues that influence the
economic competitiveness and innovation capacity
of the United States, including--
(I) the roles of State and local
governments and institutions of higher
education; and
(II) regional factors that
contribute positively to innovation.
(v) The effectiveness of the Federal
Government in supporting and promoting economic
competitiveness and innovation, including any
duplicative efforts of, or gaps in coverage
between, Federal agencies and departments.
(vi) Barriers to competitiveness in newly
emerging business or technology sectors, factors
influencing underperforming economic sectors,
unique issues facing small and medium enterprises,
and barriers to the development and evolution of
start-ups, firms, and industries.
(vii) The effects of domestic and
international trade policy on the competitiveness
of the United States and the United States
economy.
(viii) United States export promotion and
export finance programs relative to export
promotion and export finance programs of other
countries that compete economically with the
United States, including Canada, France, Germany,
Italy, Japan, Korea, and the United Kingdom, with
noting of export promotion and export finance
programs carried out by such countries that are
not analogous to any programs carried out by the
United States.
(ix) The effectiveness of current policies and
programs affecting exports, including an
assessment of Federal trade restrictions and State
and Federal export promotion activities.
(x) The effectiveness of the Federal
Government and Federally funded research and
development centers in supporting and promoting
technology commercialization and technology
transfer.
(xi) Domestic and international intellectual
property policies and practices.
(xii) Manufacturing capacity, logistics, and
supply chain dynamics of major export sectors,
including access to a skilled workforce, physical
infrastructure, and broadband network
infrastructure.
(xiii) Federal and State policies relating to
science, technology, and education and other
relevant Federal and State policies designed to
promote commercial innovation, including
immigration policies.
(C) Development of recommendations on the following:
(i) How the United States should invest in
human capital.
(ii) How the United States should facilitate
entrepreneurship and innovation.
(iii) How best to develop opportunities for
locally and regionally driven innovation by
providing Federal support.
[[Page 124 STAT. 4039]]
(iv) How best to strengthen the economic
infrastructure and industrial base of the United
States.
(v) How to improve the international
competitiveness of the United States.
(3) Consultation.--
(A) In general.--The study required by paragraph (1)
shall be conducted in consultation with the National
Economic Council of the Office of Policy Development,
such Federal agencies as the Secretary considers
appropriate, and the Innovation Advisory Board
established under subparagraph (B). <<NOTE: Comment
period.>> The Secretary shall also establish a process
for obtaining comments from the public.
(B) Innovation advisory board.--
(i) <<NOTE: Establishment.>> In general.--The
Secretary shall establish an Innovation Advisory
Board for purposes of obtaining advice with
respect to the conduct of the study required by
paragraph (1).
(ii) Composition.--The Advisory Board
established under clause (i) shall be comprised of
15 members, appointed by the Secretary--
(I) who shall represent all major
industry sectors;
(II) a majority of whom should be
from private industry, including large
and small firms, representing advanced
technology sectors and more traditional
sectors that use technology; and
(III) who may include economic or
innovation policy experts, State and
local government officials active in
technology-based economic development,
and representatives from higher
education.
(iii) Exemption from faca.--The Federal
Advisory Committee Act (5 U.S.C. App.) shall not
apply to the advisory board established under
clause (i).
(b) Strategy.--
(1) <<NOTE: Deadline.>> In general.--Not later than 1 year
after the completion of the study required by subsection (a),
the Secretary shall develop, based on the study required by
subsection (a)(1), a national 10-year strategy to strengthen the
innovative and competitive capacity of the Federal Government,
State and local governments, United States institutions of
higher education, and the private sector of the United States.
(2) Elements.--The strategy required by paragraph (1) shall
include the following:
(A) Actions to be taken by individual Federal
agencies and departments to improve competitiveness.
(B) Proposed legislative actions for consideration
by Congress.
(C) Annual goals and milestones for the 10-year
period of the strategy.
(D) A plan for monitoring the progress of the
Federal Government with respect to improving conditions
for innovation and the competitiveness of the United
States.
(c) Report.--
(1) In general.--Upon the completion of the strategy
required by subsection (b), the Secretary of Commerce shall
submit to Congress and the President a report on the study
[[Page 124 STAT. 4040]]
conducted under subsection (a) and the strategy developed under
subsection (b).
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) The findings of the Secretary with respect to
the study conducted under subsection (a).
(B) The strategy required by subsection (b).
SEC. 605. <<NOTE: 15 USC 3701 note.>> PROMOTING USE OF HIGH-END
COMPUTING SIMULATION AND MODELING BY SMALL- AND MEDIUM-SIZED
MANUFACTURERS.
(a) Findings.--Congress finds that--
(1) the utilization of high-end computing simulation and
modeling by large-scale government contractors and Federal
research entities has resulted in substantial improvements in
the development of advanced manufacturing technologies; and
(2) such simulation and modeling would also benefit small-
and medium-sized manufacturers in the United States if such
manufacturers were to deploy such simulation and modeling
throughout their manufacturing chains.
(b) Policy.--It is the policy of the United States to take all
effective measures practicable to ensure that Federal programs and
policies encourage and contribute to the use of high-end computing
simulation and modeling in the United States manufacturing sector.
(c) Study.--
(1) <<NOTE: Deadline.>> In general.--Not later than 30 days
after the date of the enactment of this Act, the Secretary of
Commerce, in consultation with the Secretary of Energy and the
Director of the Office of Science and Technology Policy, shall
carry out, through an interagency consulting process, a study of
the barriers to the use of high-end computing simulation and
modeling by small- and medium-sized manufacturers in the United
States.
(2) Factors.--In carrying out the study required by
paragraph (1), the Secretary of Commerce, in consultation with
the Secretary of Energy and the Director of the Office of
Science and Technology Policy, shall consider the following:
(A) The access of small- and medium-sized
manufacturers in the United States to high-performance
computing facilities and resources.
(B) The availability of software and other
applications tailored to meet the needs of such
manufacturers.
(C) Whether such manufacturers employ or have access
to individuals with appropriate expertise for the use of
such facilities and resources.
(D) Whether such manufacturers have access to
training to develop such expertise.
(E) The availability of tools and other methods to
such manufacturers to understand and manage the costs
and risks associated with transitioning to the use of
such facilities and resources.
(3) Report.--Not later than 270 days after the commencement
of the study required by paragraph (1), the Secretary of
Commerce shall, in consultation with the Secretary of Energy and
the Director of the Office of Science and Technology Policy,
submit to Congress a report on such study. Such report shall
[[Page 124 STAT. 4041]]
include such recommendations for such legislative or
administrative action as the Secretary of Commerce considers
appropriate in light of the study to increase the utilization of
high-end computing simulation and modeling by small- and medium-
sized manufacturers in the United States.
(d) Authorization of Demonstration and Pilot Programs.--As part of
the study required by subsection (c)(1), the Secretary of Commerce, the
Secretary of Energy, and the Director of the Office of Science and
Technology Policy may carry out such demonstration or pilot programs as
either Secretary or the Director considers appropriate to gather
experiential data to evaluate the feasibility and advisability of a
specific program or policy initiative to reduce barriers to the
utilization of high-end computer modeling and simulation by small- and
medium-sized manufacturers in the United States.
TITLE VII--NIST GREEN <<NOTE: NIST Grants for Energy Efficiency, New
Job Opportunities, and Business Solutions Act of 2010. 15 USC 271
note.>> JOBS
SEC. 701. SHORT TITLE.
This title may be cited as the ``NIST Grants for Energy Efficiency,
New Job Opportunities, and Business Solutions Act of 2010'' or the
``NIST GREEN JOBS Act of 2010''.
SEC. 702. <<NOTE: 15 USC 278k note.>> FINDINGS.
Congress finds the following:
(1) Over its 20-year existence, the Hollings Manufacturing
Extension Partnership has proven its value to manufacturers as
demonstrated by the resulting impact on jobs and the economies
of all 50 States and the Nation as a whole.
(2) The Hollings Manufacturing Extension Partnership has
helped thousands of companies reinvest in themselves through
process improvement and business growth initiatives leading to
more sales, new markets, and the adoption of technology to
deliver new products and services.
(3) Manufacturing is an increasingly important part of the
construction sector as the industry moves to the use of more
components and factory built sub-assemblies.
(4) Construction practices must become more efficient and
precise if the United States is to construct and renovate its
building stock to reduce related carbon emissions to levels that
are consistent with combating global warming.
(5) Many companies involved in construction are small,
without access to innovative manufacturing techniques, and could
benefit from the type of training and business analysis
activities that the Hollings Manufacturing Extension Partnership
routinely provides to the Nation's manufacturers and their
supply chains.
(6) Broadening the competitiveness grant program under
section 25(f) of the National Institute of Standards and
Technology Act (15 U.S.C. 278k(f)) could help develop and
diffuse knowledge necessary to capture a large portion of the
estimated $100 billion or more in energy savings if buildings in
the United States met the level and quality of energy efficiency
now found in buildings in certain other countries.
[[Page 124 STAT. 4042]]
(7) It is therefore in the national interest to expand the
capabilities of the Hollings Manufacturing Extension Partnership
to be supportive of the construction and green energy
industries.
SEC. 703. NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY COMPETITIVE
GRANT PROGRAM.
(a) In General.--Section 25(f)(3) of the National Institute of
Standards and Technology Act (15 U.S.C. 278k(f)(3)) is amended--
(1) by striking ``to develop'' in the first sentence and
inserting ``to add capabilities to the MEP program, including
the development of''; and
(2) by striking the last sentence and inserting ``Centers
may be reimbursed for costs incurred under the program. These
themes--
``(A) shall be related to projects designed to
increase the viability both of traditional manufacturing
sectors and other sectors, such as construction, that
increasingly rely on manufacturing through the use of
manufactured components and manufacturing techniques,
including supply chain integration and quality
management;
``(B) shall be related to projects related to the
transfer of technology based on the technological needs
of manufacturers and available technologies from
institutions of higher education, laboratories, and
other technology producing entities; and
``(C) may extend beyond these traditional areas to
include projects related to construction industry
modernization.''.
(b) Selection.--Section 25(f)(5) of the National Institute of
Standards and Technology Act (15 U.S.C. 278k(f)(5)) is amended to read
as follows:
``(5) Selection.--
``(A) In general.--Awards under this section shall
be peer reviewed and competitively awarded. The Director
shall endeavor to select at least one proposal in each
of the 9 statistical divisions of the United States (as
designated by the Bureau of the Census). The Director
shall select proposals to receive awards that will--
``(i) create jobs or train newly hired
employees;
``(ii) promote technology transfer and
commercialization of environmentally focused
materials, products, and processes;
``(iii) increase energy efficiency; and
``(iv) improve the competitiveness of
industries in the region in which the Center or
Centers are located.
``(B) Additional selection criteria.--The Director
may select proposals to receive awards that will--
``(i) encourage greater cooperation and foster
partnerships in the region with similar Federal,
State, and locally funded programs to encourage
energy efficiency and building technology; and
``(ii) collect data and analyze the increasing
connection between manufactured products and
manufacturing techniques, the future of construction
practices, and the emerging application of products from
the green energy industries.''.
[[Page 124 STAT. 4043]]
(c) Other Modifications.--Section 25(f) of the National Institute of
Standards and Technology Act (15 U.S.C. 278k(f)) is amended--
(1) by adding at the end the following:
``(7) Duration.--Awards under this section shall last no
longer than 3 years.
``(8) Eligible participants.--In addition to manufacturing
firms eligible to participate in the Centers program, awards
under this subsection may be used by the Centers to assist
small- or medium-sized construction firms. Centers may be
reimbursed under the program for working with such eligible
participants.
``(9) Authorization of appropriations.--In addition to any
amounts otherwise authorized or appropriated to carry out this
section, there are authorized to be appropriated to the
Secretary of Commerce $7,000,000 for each of the fiscal years
2011 through 2013 to carry out this subsection.''.
TITLE VIII--GENERAL PROVISIONS
SEC. 801. GOVERNMENT ACCOUNTABILITY OFFICE REVIEW.
Not later than <<NOTE: Deadline. Reports.>> 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. 802. 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.
SEC. 803. ADDITIONAL RESEARCH AUTHORITIES OF THE FCC.
Title I of the Communications Act of 1934 (47 U.S.C. 151 et seq.) is
amended by adding at the end the following:
``SEC. 12. <<NOTE: 47 USC 162.>> ADDITIONAL RESEARCH AUTHORITIES OF THE
FCC.
``In order to carry out the purposes of this Act, the Commission
may--
``(1) undertake research and development work in connection
with any matter in relation to which the Commission has
jurisdiction; and
``(2) promote the carrying out of such research and
development by others, or otherwise to arrange for such research
and development to be carried out by others.''.
[[Page 124 STAT. 4044]]
TITLE IX--DEPARTMENT OF ENERGY
SEC. 901. SCIENCE, ENGINEERING, AND MATHEMATICS EDUCATION PROGRAMS.
(a) In General.--Sections 3171, 3175, and 3191 of the Department of
Energy Science Education Enhancement Act (42 U.S.C. 7381h, 7381j, 7381p)
are repealed.
(b) Authorization of Appropriations for Summer Institutes.--Section
3185(f) of the Department of Energy Science Education Enhancement Act
(42 U.S.C. 7381n(f)) is amended--
(1) in paragraph (2), by striking ``and'' at the end;
(2) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(4) $25,000,000 for each of fiscal years 2011 through
2013.''.
(c) Conforming Amendments.--
(1) Subpart B of the Department of Energy Science Education
Enhancement Act (42 U.S.C. 7381g et seq.) is amended by striking
chapters 1, 2, and 5 (42 U.S.C. 7381h, 7381j, 7381p).
(2) Section 3195 of the Department of Energy Science
Education Enhancement Act (42 U.S.C. 7381r) is amended by
striking ``chapters 1, 3, and 4'' each place it appears and
inserting ``chapters 3 and 4''.
SEC. 902. ENERGY RESEARCH PROGRAMS.
(a) Nuclear Science Talent Program.--Section 5004(f) of the America
COMPETES Act (42 U.S.C. 16532(f)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (B), by striking ``and'' at the
end;
(B) in subparagraph (C), by striking the period at
the end and inserting a semicolon; and
(C) by adding at the end the following:
``(D) $9,800,000 for fiscal year 2011;
``(E) $10,100,000 for fiscal year 2012; and
``(F) $10,400,000 for fiscal year 2013.''; and
(2) in paragraph (2)--
(A) in subparagraph (B), by striking ``and'' at the
end;
(B) in subparagraph (C), by striking the period at
the end and inserting a semicolon; and
(C) by adding at the end the following:
``(D) $8,240,000 for fiscal year 2011;
``(E) $8,500,000 for fiscal year 2012; and
``(F) $8,750,000 for fiscal year 2013.''.
(b) Hydrocarbon Systems Science Talent Program.--Section 5005 of the
America COMPETES Act (42 U.S.C. 16533) is amended--
(1) in subsection (b)(2)--
(A) in subparagraph (H), by striking ``and'' at the
end;
(B) in subparagraph (I), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(J) hydrocarbon spill response and remediation.'';
and
(2) in subsection (f)(1)--
(A) in subparagraph (B), by striking ``and'';
[[Page 124 STAT. 4045]]
(B) in subparagraph (C), by striking the period at
the end and inserting a semicolon; and
(C) by adding at the end the following:
``(D) $9,800,000 for fiscal year 2011;
``(E) $10,000,000 for fiscal year 2012; and
``(F) $10,400,000 for fiscal year 2013.''.
(c) Early Career Awards.--Section 5006(h) of the America COMPETES
Act (42 U.S.C. 16534(h)) is amended by striking ``2010'' and inserting
``2013''.
(d) Protecting America's Competitive Edge (PACE) Graduate Fellowship
Program.--Section 5009(f) of the America COMPETES Act (42 U.S.C.
16536(f)) is amended--
(1) in paragraph (2), by striking ``and'' at the end;
(2) in paragraph (3), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following:
``(4) $20,600,000 for fiscal year 2011;
``(5) $21,200,000 for fiscal year 2012; and
``(6) $21,900,000 for fiscal year 2013.''.
(e) Distinguished Scientist Program.--Section 5011(j) of the America
COMPETES Act (42 U.S.C. 16537(j)) is amended--
(1) in paragraph (2), by striking ``and'' at the end;
(2) in paragraph (3), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following:
``(4) $31,000,000 for fiscal year 2011;
``(5) $32,000,000 for fiscal year 2012; and
``(6) $33,000,000 for fiscal year 2013.''.
SEC. 903. BASIC RESEARCH.
Section 971(b) of the Energy Policy Act of 2005 (42 U.S.C. 16311(b))
is amended--
(1) in paragraph (3), by striking ``and'' at the end;
(2) in paragraph (4), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following:
``(5) $5,247,000,000 for fiscal year 2011;
``(6) $5,614,000,000 for fiscal year 2012; and
``(7) $6,007,000,000 for fiscal year 2013.''.
SEC. 904. ADVANCED RESEARCH PROJECTS AGENCY-ENERGY.
Section 5012 of the America COMPETES Act (42 U.S.C. 16538) is
amended--
(1) in subsection (a)(3), by striking ``subsection (m)(1)''
and inserting ``subsection (n)(1)'';
(2) in subsection (c)(2)(A), by inserting ``and applied''
after ``advances in fundamental'';
(3) in subsection (e)--
(A) in paragraph (3)--
(i) by striking subparagraph (C) and inserting
the following:
``(C) research and development of advanced
manufacturing process and technologies for the domestic
manufacturing of novel energy technologies; and''; and
(ii) in subparagraph (D), by striking ``and''
after the semicolon at the end;
(B) in paragraph (4), by striking the period at the
end and inserting ``; and''; and
[[Page 124 STAT. 4046]]
(C) by adding at the end the following:
``(5) pursuant to subsection (c)(2)(C)--
``(A) ensuring that applications for funding
disclose the extent of current and prior efforts,
including monetary investments as appropriate, in
pursuit of the technology area for which funding is
being requested;
``(B) adopting measures to ensure that, in making
awards, program managers adhere to the purposes of
subsection (c)(2)(C); and
``(C) providing as part of the annual report
required by subsection (h)(1) a summary of the instances
of and reasons for ARPA-E funding projects in technology
areas already being undertaken by industry.'';
(4) by redesignating subsections (f) through (m) as
subsections (g) through (n), respectively;
(5) by inserting after subsection (e) the following:
``(f) Awards.--In carrying out this section, the Director may
provide awards in the form of grants, contracts, cooperative agreements,
cash prizes, and other transactions.'';
(6) in subsection (g) (as redesignated by paragraph (4))--
(A) by redesignating paragraphs (1) and (2) as
paragraphs (2) and (3), respectively;
(B) by inserting before paragraph (2) (as
redesignated by subparagraph (A)) the following:
``(1) In general.--The Director shall establish and maintain
within ARPA-E a staff with sufficient qualifications and
expertise to enable ARPA-E to carry out the responsibilities of
ARPA-E under this section in conjunction with other operations
of the Department.'';
(C) in paragraph (2) (as redesignated by
subparagraph (A))--
(i) in the paragraph heading, by striking
``Program managers'' and inserting ``Program
directors'';
(ii) in subparagraph (A), by striking
``program managers for each of'' and inserting
``program directors for'';
(iii) in subparagraph (B)--
(I) in the matter preceding clause
(i), by striking ``program manager'' and
inserting ``program director'';
(II) in clause (iv), by striking ``,
with advice under subsection (j) as
appropriate,'';
(III) by redesignating clauses (v)
and (vi) as clauses (vi) and (viii),
respectively;
(IV) by inserting after clause (iv)
the following:
``(v) identifying innovative cost-sharing
arrangements for ARPA-E projects, including
through use of the authority provided under
section 988(b)(3) of the Energy Policy Act of 2005
(42 U.S.C. 16352(b)(3));'';
(V) in clause (vi) (as redesignated
by subclause (III)), by striking ``;
and'' and inserting a semicolon; and
(VI) by inserting after clause (vi)
(as redesignated by subclause (III)) the
following:
[[Page 124 STAT. 4047]]
``(vii) identifying mechanisms for commercial
application of successful energy technology
development projects, including through
establishment of partnerships between awardees and
commercial entities; and'';
(iv) in subparagraph (C), by inserting ``not
more than'' after ``shall be''; and
(D) in paragraph (3) (as redesignated by
subparagraph (A))--
(i) in subparagraph (A)--
(I) in clause (i), by striking
``and'' after the semicolon at the end;
and
(II) by striking clause (ii) and
inserting the following:
``(ii) fix the basic pay of such personnel at
a rate to be determined by the Director at rates
not in excess of Level II of the Executive
Schedule (EX-II) without regard to the civil
service laws; and
``(iii) pay any employee appointed under this
subpart payments in addition to basic pay, except
that the total amount of additional payments paid
to an employee under this subpart for any 12-month
period shall not exceed the least of the following
amounts:
``(I) $25,000.
``(II) The amount equal to 25
percent of the annual rate of basic pay
of the employee.
``(III) The amount of the limitation
that is applicable for a calendar year
under section 5307(a)(1) of title 5,
United States Code.'';
(ii) in subparagraph (B), by striking ``not
less than 70, and not more than 120,'' and
inserting ``not more than 120'';
(7) in subsection (h)(2) (as redesignated by paragraph
(4))--
(A) by striking ``2008'' and inserting ``2010''; and
(B) by striking ``2011'' and inserting''2013'';
(8) by striking subsection (j) (as redesignated by paragraph
(4)) and inserting the following:
``(j) Federal Demonstration of Technologies.--The Director shall
seek opportunities to partner with purchasing and procurement programs
of Federal agencies to demonstrate energy technologies resulting from
activities funded through ARPA-E.'';
(9) in subsection (l) (as redesignated by paragraph (4))--
(A) in paragraph (1), by striking ``4 years'' and
inserting'' 6 years''; and
(B) in paragraph (2)(B), by inserting ``, and the
manner in which those lessons may apply to the operation
of other programs of the Department'' after ``ARPA-E'';
and
(10) in subsection (n) (as redesignated by paragraph (4))--
(A) in paragraph (2)--
(i) in subparagraph (A), by striking ``and''
after the semicolon at the end;
(ii) in subparagraph (B), by striking the
period at the end and inserting a semicolon; and
(iii) by adding at the end the following:
``(C) $300,000,000 for fiscal year 2011;
``(D) $306,000,000 for fiscal year 2012; and
``(E) $312,000,000 for fiscal year 2013.'';
[[Page 124 STAT. 4048]]
(B) by striking paragraph (4);
(C) by redesignating paragraph (5) as paragraph (4);
and
(D) in paragraph (4)(B) (as redesignated by
subparagraph (C))--
(i) by striking ``2.5 percent'' and inserting
``5 percent''; and
(ii) by inserting ``, consistent with the goal
described in subsection (c)(2)(D) and within the
responsibilities of program directors described in
subsection (g)(2)(B)(vii)'' after ``outreach
activities''.
TITLE X--EDUCATION
SEC. 1001. REFERENCES.
Except as otherwise expressly provided, wherever in this title an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to a section or other provision of the America COMPETES Act
(Public Law 110-69).
SEC. 1002. REPEALS AND CONFORMING AMENDMENTS.
(a) Repeals.--The following provisions of the Act are repealed:
(1) Section 6001 (20 U.S.C. 9801).
(2) Part III of subtitle A of title VI (20 U.S.C. 9841).
(3) <<NOTE: 20 USC 9851-9854. 20 USC 9861-9864. 20 USC 9881-
9882.>> Subtitle B of title VI (20 U.S.C. 9851 et seq.)
(4) Subtitle C of title VI (20 U.S.C. 9861 et seq.).
(5) Subtitle E of title VI (20 U.S.C. 9881 et seq.).
(b) Conforming Amendments.--The Act is amended--
(1) by redesignating section 6002 (20 U.S.C. 9802) as
section 6001;
(2) by redesignating subtitle D of title VI (20 U.S.C. 9871)
as subtitle B of title VI; and
(3) by redesignating section 6401 (20 U.S.C. 9871) as
section 6201.
SEC. 1003. AUTHORIZATIONS OF APPROPRIATIONS AND MATCHING REQUIREMENT.
(a) Teachers for a Competitive Tomorrow.--Section 6116 (20 U.S.C.
9816) is amended to read as follows:
``SEC. 6116. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this part
$4,000,000 for each of fiscal years 2011 through 2013, of which--
``(1) $2,000,000 shall be available to carry out section
6113 for each of fiscal years 2011 through 2013; and
``(2) $2,000,000 shall be available to carry out section
6114 for each of fiscal years 2011 through 2013.''.
(b) Advanced Placement and International Baccalaureate Programs and
Matching Requirement.--Section 6123 (20 U.S.C. 9833) is amended--
(1) in subsection (h)(1)--
(A) by striking ``100'' and inserting ``50''; and
(B) by striking ``200'' and inserting ``100''; and
(2) by striking subsection (l) and inserting the following:
[[Page 124 STAT. 4049]]
``(l) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $75,000,000 for each of fiscal
years 2011 through 2013.''.
(c) Alignment of Education Programs.--Section 6201(j), as
redesignated by section 1002(b)(3), <<NOTE: 20 USC 9871.>> is amended
to read as follows:
``(j) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $120,000,000 for each of fiscal
years 2011 and 2012.''.
Approved January 4, 2011.
LEGISLATIVE HISTORY--H.R. 5116:
---------------------------------------------------------------------------
HOUSE REPORTS: No. 111-478, Pt. 1 (Comm. on Science and Technology).
CONGRESSIONAL RECORD, Vol. 156 (2010):
May 12, 13, 28, considered and passed House.
Dec. 17, considered and passed Senate, amended.
Dec. 21, House concurred in Senate amendment.
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