[Senate Report 109-285]
[From the U.S. Government Publishing Office]





                                                       Calendar No. 524
109th Congress                                                   Report
                                 SENATE
 2d Session                                                     109-285

======================================================================


        THE AMERICAN INNOVATION AND COMPETITIVENESS ACT OF 2006

                               __________

                              R E P O R T

                                 of the

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                   on

                                S. 2802



                                     

                 July 19, 2006.--Ordered to be printed

                                 _____

                     U.S. GOVERNMENT PRINTING OFFICE
                             WASHINGTON: 2006        
49-010






       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                       one hundred ninth congress
                             second session

                     TED STEVENS, Alaska, Chairman
                 DANIEL K. INOUYE, Hawaii, Co-Chairman
JOHN McCAIN, Arizona                 JOHN D. ROCKEFELLER IV, West 
CONRAD BURNS, Montana                    Virginia
TRENT LOTT, Mississippi              JOHN F. KERRY, Massachusetts
KAY BAILEY HUTCHISON, Texas          BYRON L. DORGAN, North Dakota
OLYMPIA J. SNOWE, Maine              BARBARA BOXER, California
GORDON H. SMITH, Oregon              BILL NELSON, Florida
JOHN ENSIGN, Nevada                  MARIA CANTWELL, Washington
GEORGE ALLEN, Virginia               FRANK LAUTENBERG, New Jersey
JOHN E. SUNUNU, New Hampshire        E. BENJAMIN NELSON, Nebraska
JIM DeMINT, South Carolina           MARK PRYOR, Arkansas
DAVID VITTER, Louisiana
                    Lisa Sutherland, Staff Director
                 Christine Kurth, Deputy Staff Director
                    Kenneth Nahigian, Chief Counsel
     Margaret Cummisky, Democratic Staff Director and Chief Counsel
 Samuel Whitehorn, Democratic Deputy Staff Director and General Counsel



                                                       Calendar No. 524
109th Congress                                                   Report
                                 SENATE
 2d Session                                                     109-285

======================================================================



 
        THE AMERICAN INNOVATION AND COMPETITIVENESS ACT OF 2006

                                _______
                                

                 July 19, 2006.--Ordered to be printed

                                _______
                                

       Mr. Stevens, from the Committee on Commerce, Science, and 
                Transportation, submitted the following

                              R E P O R T

                         [To accompany S. 2802]

    The Committee on Commerce, Science, and Transportation, to 
which was referred the bill (S. 2802) to improve American 
innovation and competitiveness in the global economy, having 
considered the same, reports favorably thereon with amendments 
and recommends that the bill (as amended) do pass.

                          Purpose of the Bill

  The purpose of the American Innovation and Competitiveness 
Act of 2006, S. 2802, as reported, is to maintain and improve 
U.S. innovation and competitiveness in the 21st century by 
increasing research investment, improving science and 
technology talent, and developing an innovation infrastructure.

                          Background and Needs

Innovation will be required for the United States to remain competitive 
        in the 21st century
  Today the world is becoming dramatically more interconnected 
and competitive. To remain globally competitive, the United 
States must continue to lead the world in innovation. 
Innovation is the lifeblood of U.S. economic growth and well-
being. Education and basic research are the two critical 
components in the early stages of the innovation ecosystem. A 
well-educated pipeline of secondary school students feed into 
the college ranks, which, in turn, feed into the graduate 
schools. Graduate students engage in challenging and cutting 
edge research led by principal investigators that are often 
funded by Federal grants. Often, the students and scientists 
will make a breakthrough discovery or innovation and attempt to 
commercialize it. If successful, they will have created the 
next great American company that sells the next great product, 
employs thousands of people, and continues to drive this 
country's economic growth.
  The United States has the luxury of claiming many of the 
world's top scientific minds. These leading scientists either 
emigrate to the United States because we provide some of the 
best facilities and resources, or they are homegrown, having 
excelled through the U.S. education system to reach the top 
echelons in their respective disciplines. However, this premier 
standing that we have enjoyed is in serious jeopardy. As a 
result, many believe our economic prosperity also is at risk.
  Unfortunately, America is steadily losing its global edge in 
the disciplines that foster innovation in the 21st century--
science, technology, engineering, and mathematics. The trouble 
signs are numerous. For example, based on a 2004 study, fewer 
than one-third of U.S. fourth-graders performed at or above a 
level deemed ``proficient'' and about one-fifth of eighth-
graders lacked the competency to perform basic math 
computations. Fifteen-year-olds in the United States ranked 24 
out of 29 Organization for Economic Co-Operation Development 
(OECD) countries tested in mathematics.\1\
---------------------------------------------------------------------------
    \1\Lemke, M., Sen, A., Pahlke, E., Partelow, L., Miller, D., 
Williams, T., Kastberg, D., Jocelyn, L. (2004). ``International 
Outcomes of Learning in Mathematics Literacy and Problem Solving: PISA 
2003 Results From the U.S. Perspective.'' (NCES 2005-003). Washington, 
DC: U.S. Department of Education, National Center for Education 
Statistics.
---------------------------------------------------------------------------
  Math competency translates into science and engineering 
capability: 36 percent of German undergraduates receive degrees 
in science and engineering; 59 percent of Chinese; and 66 
percent of Japanese. In 2006, only 6 percent of U.S. high 
school seniors plan to pursue engineering degrees, down from 36 
percent from a decade ago. Estimates of the number of 
engineers, computer scientists, and information technology 
students who obtain 2-, 3-, or 4- year degrees vary. One 
estimate is that in 2004, ``China graduated approximately 
350,000 engineers, computer scientists and information 
technologists with 4-year degrees, while the United States 
graduated about 140,000.''\2\ In addition, ``China graduated 
about approximately 290,000 with 3-year degrees in these same 
fields, while the United States graduated approximately 85,000 
with 2- and 3-year degrees.''\3\ Over the past 3 years alone, 
both China and India have doubled their production of 3- and 4-
year degrees in these fields, while the U.S. production of 
engineers is stagnant, and the rate of production of computer 
scientists and information technologists doubled.\4\ These 
statistics are alarming and will have dire consequences as the 
U.S. talent pipeline begins to diminish. This trend is even 
more disturbing as other countries aim to overtake the United 
States economically.
---------------------------------------------------------------------------
    \2\Committee on Prospering in the Global Economy of the 21st 
Century, ``Rising Above the Gathering Storm: Energizing and Employing 
America for a Brighter Economic Future,'' p. ES-1, (February 2006 
Edition) [hereinafter, ``Rising Above the Gathering Storm''].
    \3\Id. (citing G. Gereffi and V. Wadhwa. 2005. ``Framing the 
Engineering Outsourcing Debate: Placing the United States on a Level 
Playing Field with China and India,'' available at http://
memp.pratt.duke.edu/downloads/duke_outsourcing_2005.pdf).
    \4\See id.
---------------------------------------------------------------------------
  In addition, the U.S. share of global high-technology exports 
has fallen in the last two decades from 30 percent to 17 
percent, while the U.S. trade balance in high-technology 
manufactured goods shifted from a positive $33 billion in 1990 
to a negative $24 billion in 2004.\5\
---------------------------------------------------------------------------
    \5\See id., at p. ES-9. See also National Science Board, ``Science 
and Engineering Indicators 2006-Volume 1,'' p. 6-20.
---------------------------------------------------------------------------
  The challenge for the United States is how best to unleash 
its innovative capacity to increase productivity, improve our 
standard of living, and ensure continued leadership in global 
markets.
Both the ``Innovate America'' report and the ``Rising Above the 
        Gathering Storm'' report recommend that the Federal Government 
        take action to ensure America retains its innovation lead
  Several organizations have taken notice of these trends. The 
Council on Competitiveness and the National Academies each 
issued reports recognizing that science-based innovation drives 
economic growth. The basic premise of both reports is that 
innovation arises out of scientific discovery, which in turn 
drives economic growth. While the United States cannot compete 
currently with nations such as China and India based on wages, 
our traditional advantage has been the innovation and technical 
skill of our workforce. Nonetheless, while our global 
competitors continue to improve their technical skills, the 
United States graduates fewer mathematicians and scientists. 
These reports highlight the innovation and competitiveness 
challenges facing the United States and recommend what the 
Federal Government should do to maintain U.S. leadership in 
these areas.

                          I. INNOVATE AMERICA

  The first of these two reports, ``Innovate America'', was 
issued as part of the National Innovation Initiative supported 
by the Council on Competitiveness in December 2004. The Council 
on Competitiveness is a non-partisan organization comprised of 
the Nation's top CEOs, university presidents, and labor 
leaders. Beginning in October 2003, the Council convened over 
500 leaders from industry, academia, government, and the non-
profit sector to address the challenges of a more 
interconnected and competitive world, and to make 
recommendations on how such challenges should be addressed at 
the Federal level. Through the ``Innovate America'' report, the 
National Innovation Initiative (NII) urged Federal policy 
makers to address the challenge of innovation comprehensively. 
More specifically, the NII grouped its recommendations under 
three major objectives: (1) increasing research investment, (2) 
cultivating science and technology talent, and (3) developing 
an innovation infrastructure.\6\
---------------------------------------------------------------------------
    \6\For more information on the Council on Competitiveness or the 
National Innovation Initiative, see www.compete.org (last visited May 
16, 2006). See also www.innovateamerica.org (last visited May 16, 
2006).
---------------------------------------------------------------------------

                  II. RISING ABOVE THE GATHERING STORM

  The second report on innovation and competitiveness was 
released by the National Academies, entitled ``Rising Above the 
Gathering Storm: Energizing and Employing America for a 
Brighter Economic Future.'' Several members of Congress asked 
the National Academies to identify Federal policy 
recommendations that can ensure the country's economic 
competitiveness and prosperity in the 21st century. To meet 
this charge, the National Academies created the Committee on 
Prospering in the Global Economy of the 21st century, chaired 
by Norman Augustine and included a number of experts from 
academia and industry. In late 2005, the National Academies 
issued four broad recommendations and twenty specific actions 
to implement these recommendations. The four recommendations 
were, in relevant part, to: (1) sustain and strengthen the 
Nation's traditional commitment to long-term basic research, 
(2) make the United States the most attractive setting in which 
to study and perform research to develop, recruit, and retain 
the best and brightest students, scientists, and engineers from 
within the United States and throughout the world, (3) increase 
America's talent pool by vastly improving K-12 science and 
mathematics education, and (4) ensure that the United States is 
the premier place in the world to innovate.
Basic research enables innovation
  While innovation is the key to the future global 
competitiveness of the United States, basic research is the key 
to continued innovation. Basic research is the simple pursuit 
of knowledge through scientific inquiry. Basic research 
projects often have unknown applications when they are first 
conducted, but may yield tremendous long-term benefits as 
additional discoveries are built upon each other, fostering 
innovative technologies that revolutionize the way products and 
services are delivered. Basic research projects funded by the 
Federal Government have spawned such technologies as personal 
computers, the Internet, fiber optics, bar codes, medical 
imaging devices, balloon catheters, hearing aids, laser eye 
surgery, air bags, and global positioning devices and satellite 
telecommunications systems. In every case, the Federal 
Government's investment in research was essential to advance to 
the point at which the private sector recognized a potentially 
marketable product and invested in its further development.
  In spite of its central importance to fueling economic 
growth, however, today the future of basic research appears 
vulnerable. The National Academies' ``Rising Above the 
Gathering Storm'' report contends that although the ``United 
States currently spends more on research and development than 
the rest of the countries combined...the commitment to basic 
research, particularly in the physical sciences, mathematics, 
and engineering, is inadequate.''\7\ For example, although 
Congress authorized the doubling of the National Science 
Foundation's (NSF) budget from 2002 to 2007, NSF's funding (in 
constant fiscal year 2005 dollars) has actually decreased or 
remained stagnant in recent years.\8\ In 2005, only 23 percent 
of all research proposals submitted to NSF were funded--the 
lowest proportion in 15 years.\9\
---------------------------------------------------------------------------
    \7\See ``Rising Above the Gathering Storm,'' at p. 6-2, (emphasis 
in original).
    \8\See American Association for the Advancement of Science, 
``Historical Data on Federal Research and Development, FY-1976-2006,'' 
available at http://www.aaas.org/spp/rd/hist06p2.pdf (last visited May 
16, 2006).
    \9\See NSF Budget Office statistics, available at http://
dellweb.bfa.nsf.gov/awdfr3/default.asp (last visited June 22, 2006).
---------------------------------------------------------------------------
  Federal investment in basic research is essential since 
corporations and other private entities fund relatively little 
basic research. Corporations and other private entities do not 
support basic research for a number of reasons, including: (1) 
direct benefits of basic research can be difficult to trace 
since new knowledge is built on layers of previous discoveries, 
(2) basic research tends to be risky and its applications may 
not be realized for several years, and (3) shareholder pressure 
for short-term results discourages long-term investment by 
industry.\10\ Furthermore, a related problem in recent years 
has been the shift of the Federal research dollars to the life 
sciences. From 1998 to 2003, funding for the National 
Institutes of Health (NIH) doubled. In contrast, for the past 
15 years, funding for basic research in the physical sciences, 
engineering, and mathematics, has remained relatively flat.
---------------------------------------------------------------------------
    \10\See ``Rising Above the Gathering Storm,'' at pp. 3-14, 3-15, 
and 6-2.
---------------------------------------------------------------------------
  Historically the Department of Defense (DoD) has maintained a 
leading role in support of basic research, but recent trends 
indicate that the agency is shifting its research attention 
away from the broad unfettered exploration toward basic 
research that support near term needs. While no one questions 
DoD's immediate priorities, its change in focus makes civilian 
support for basic research even more imperative. In order to 
maintain an innovative and competitive economy in the 21st 
century, the Committee believes the Federal Government needs to 
place special emphasis on basic research in the physical 
sciences, technology, engineering, and mathematics.
The President's American Competitiveness Initiative (ACI)
  President George W. Bush's American Competitiveness 
Initiative (ACI) proposes to double cumulative investment over 
10 years in three key Federal agencies that support basic 
research in the physical sciences and engineering: (1) NSF, (2) 
the National Institute of Standards and Technology (NIST), and 
(3) the Department of Energy's Office of Science. In addition 
to the doubling efforts at these three agencies, the 
President's fiscal year (FY) 2007 budget makes other similarly 
high-leverage programs a significant priority, such as basic 
research at DoD.
  In 2007, the ACI proposes overall funding increases for NSF, 
NIST, and the Department of Energy's Office of Science of $910 
million, or 9.3 percent, above FY 2006. To achieve doubling 
within ten years, overall annual increases for these ACI 
research agencies would average roughly 7 percent. This would 
amount to a total of $50 billion in new investments in high-
leverage, innovation-enabling fundamental research that will 
underpin and complement shorter-term research performed by the 
private sector.

                         Summary of Provisions

  S. 2802 focuses on three primary areas of importance to 
maintaining and improving United States innovation in the 21st 
century: (1) research investment, (2) increasing science and 
technology talent, and (3) developing an innovation 
infrastructure.
  Title I of this legislation would: (1) require the President 
to convene a National Science and Technology Summit within 180 
days of enactment of this legislation, (2) require the National 
Academy of Science to conduct a study one year after enactment 
and every four years thereafter, to identify forms of risk that 
create barriers to innovation, (3) amend the Stevenson-Wydler 
Technology Innovation Act of 1980 (15 U.S.C. 3711) to rename 
the National Technology Medal as the ``National Technology and 
Innovation Medal'', (4) require the Director of the Office of 
Science and Technology Policy (OSTP), in consultation with the 
Director of the Office of Management and Budget (OMB), to 
develop and issue a set of principles for the communication of 
scientific information by government scientists, policy makers, 
and managers to the public, (5) require the Director of OSTP to 
ensure that all civilian Federal agencies that conduct 
scientific research develop specific policies and procedures 
regarding the release of scientific information consistent with 
the overarching principles established by OSTP, (6) express a 
Sense of Congress that OSTP should encourage all elementary and 
middle schools to observe a Math and Science Day twice per 
school year, (7) require OSTP, through the National Academy of 
Sciences, to conduct a study on how the Federal Government 
should best support ``service science'' through research, 
education, and training, (8) require the Director of OSTP to 
review all provisions of the Internal Revenue Code of 1986 and 
submit a report to Congress and the President on any provisions 
thereof that discourage or encourage innovation, and (9) 
require the Director of OSTP to conduct a comprehensive review 
of all Federal regulations and submit a report to Congress and 
to the President on any regulations that discourage or 
encourage innovation.
  Title II would: (1) establish the President's Council on 
Innovation and Competitiveness to develop a comprehensive 
agenda to promote innovation in the public and private sectors, 
and (2) establish the Innovation Acceleration Grants Program to 
direct Federal agencies funding research in science and 
technology to set as a goal dedicating approximately 8 percent 
of their respective research and development budgets to grants 
directed toward high-risk frontier research.
  Title III would: (1) increase authorized funding for NSF from 
approximately $6.4 billion in FY 2007 to $11.4 billion in FY 
2011, (2) expand existing NSF graduate research fellowship and 
traineeship programs, (3) require NSF to work with institutions 
of higher education to facilitate the development of 
professional science master's degree programs, (4) expand 
authorization levels for NSF's technology talent program, (5) 
help prioritize activities in NSF's Research and Related 
Activities Account to meet critical national needs in the 
physical or natural sciences, technology, engineering, 
mathematics, or enhance competitiveness or innovation in the 
United States, (6) authorize increased funding for NSF's 
Experimental Program to Stimulate Competitive Research 
(EPSCoR), (7) require NSF to establish a mentoring program and 
an apprenticeship program for women who are interested in 
careers in science, technology, engineering or mathematics, (8) 
require NSF to develop and publish a plan regarding broadband 
access for scientific research purposes in EPSCoR-eligible 
jurisdictions, and (9) reaffirm NSF's merit-review and peer-
review processes.
  Title IV would: (1) express a Sense of the Congress that 
National Aeronautics and Space Administration (NASA) shall 
utilize funding authorized by the NASA Authorization Act of 
2005 (P.L. 109-155) to participate fully in any interagency 
efforts to promote innovation and economic competitiveness 
through scientific research and development, (2) establish an 
Aeronautics Institute for Research within NASA, (3) establish a 
Basic Research Executive Council within NASA to oversee the 
distribution and management of programs and resources engaged 
in support of basic research activity, (4) express a Sense of 
Congress that NASA should implement a program to address aging 
work force issues in aerospace, and (5) direct NASA to increase 
funding for basic research for FY 2007 by $160 million 
contingent upon the availability of unobligated balances to 
NASA.
  Title V would: (1) authorize NIST funding of approximately 
$640 million in FY 2007 to approximately $937 million in FY 
2011, (2) include yearly authorization levels for the Hollings 
Manufacturing Extension Partnership (MEP) program from $110 
million in FY 2007 to $130 million in FY 2011, (3) eliminate 
the Undersecretary of Commerce for Technology, Assistant 
Secretary of Commerce for Technology Policy, and the Technology 
Administration at the Department of Commerce, (4) require NIST 
to set aside no less than 8 percent of its annual funding for 
high-risk, high-reward innovation acceleration grants discussed 
in title II of this Act, (5) update the process through which 
MEP centers are evaluated, and (6) transfer the Experimental 
Program to Stimulate Competitive Technology (EPSCoT) to NIST.
  Title VI would: (1) require the Administrator of the National 
Oceanic and Atmospheric Administration (NOAA), in consultation 
with the Director of NSF and the Administrator of NASA, to 
establish a coordinated program of ocean and atmospheric 
research and development focused on technologies and methods 
that would promote U.S. leadership and competitiveness, (2) 
require the Administrator of NOAA to conduct, develop, support, 
promote, and coordinate formal and informal educational 
activities at all levels to enhance public awareness and 
understanding of ocean, coastal and atmospheric science, and 
(3) require the Administrator of NOAA to develop a science 
education plan setting forth education goals and strategies for 
NOAA.

                          Legislative History

  On November 18, 2005, the Full Committee held a hearing, 
chaired by Senator Stevens, on ``The Future of Science.'' The 
hearing examined the future of scientific research in the 
United States and featured testimony from 3 Nobel laureates.
  On March 15, 2006, Senator Ensign chaired a Full Committee 
hearing on ``Innovation and Competitiveness Legislation.'' This 
hearing discussed innovation and competitiveness challenges 
facing the United States and explored legislative action that 
could be taken by the Commerce Committee to address these 
challenges. The hearing considered several legislative items, 
particularly (1) S. 2109 and S. 2390, the National Innovation 
Act, which are designed to respond to the recommendations of 
``Innovate America'' and (2) S. 2198, the PACE-Education Act, 
designed with 2 companion bills to respond to recommendations 
of ``Rising Above the Gathering Storm.''
  On March 29, 2006, Senator Ensign chaired a Technology, 
Innovation, and Competitiveness Subcommittee hearing on, ``The 
Importance of Basic Research to United States 
Competitiveness.'' This hearing explored how basic research in 
the physical sciences impacts both long-term economic 
development in the United States and the ability of American 
industry to remain globally competitive.
  On April 25, 2006, Senator Hutchison chaired a Science and 
Space Subcommittee hearing on, ``NASA Issues and Challenges.'' 
This hearing reviewed NASA progress in implementing provisions 
of the NASA Authorization Act of 2005 in the context of the 
President's FY 2007 budget request. The hearing also focused on 
International Space Station (ISS) Research, the transition from 
the Space Shuttle to the Crew Exploration Vehicle, NASA 
activities in science and engineering education, and 
contributions to U.S. technological competitiveness.
  On April 26, 2006, Senator Ensign chaired a Science and Space 
Subcommittee hearing on, ``Fostering Innovation in Math and 
Science Education.'' This hearing focused on the importance of 
mathematics and science education in fueling future 
developments in the 21st century's high-tech innovation 
economy.
  On May 2, 2006, Senator Hutchison chaired a Science and Space 
Subcommittee hearing on, ``The National Science Foundation.'' 
The hearing focused on NSF's FY 2007 budget request, research 
priorities, current plans and activities, and its support for 
the President's ACI.
  On May 15, 2006, Senator Ensign introduced S. 2802, the 
``American Innovation and Competitiveness Act of 2006,'' with 
Senator Stevens and Senator Hutchison as original cosponsors, 
and was referred to the Committee. The bill is also cosponsored 
by Senators Inouye, Allen, Smith, Burns, Kerry, Nelson of 
Florida, Pryor, and Lieberman.
  On May 18, 2006, the Full Committee met in open Executive 
Session and ordered S. 2802 to be reported favorably with 
amendments.

                            Estimated Costs

  
  In accordance with paragraph 11(a) of rule XXVI of the 
Standing Rules of the Senate and section 403 of the 
Congressional Budget Act of 1974, the Committee provides the 
following cost estimate, prepared by the Congressional Budget 
Office:
                                                     June 19, 2006.
Hon. Ted Stevens,
Chairman Committee on Commerce, Science, and Transportation,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 2802, the American 
Innovation and Competitiveness Act of 2006.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contacts are Deborah 
Reis and Leigh Angres.
            Sincerely,
                                          Donald B. Marron,
                                                   Acting Director.
    Enclosure.

S. 2802--American Innovation and Competitiveness Act of 2006

    Summary: S. 2802 would address the competitiveness of the 
United States in science, mathematics, and technology. For this 
purpose, the bill would authorize appropriations for the 
National Institutes of Standards and Technology (NIST) and the 
National Science Foundation (NSF) for fiscal years 2007 through 
2011. It also would direct the President to convene a national 
summit on United States science and technology enterprises and 
establish a council on innovation and competitiveness.
    Assuming appropriation of the amounts authorized by the 
bill and estimated to be necessary for required studies and 
other activities, CBO estimates that implementing S. 2802 would 
cost $32.4 billion over the 2007-2011 period. We also estimate 
that enacting this legislation would increase direct spending 
by $1 million in 2007 and by about $10 million over the 2007-
2016 period. Enacting S. 2802 would not affect revenues.
    S. 2802 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA); 
any costs to state, local, or tribal governments would be 
incurred voluntarily.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of S. 2802 is shown in the following table. 
The costs of this legislation fall within budget functions 250 
(general science, space, and technology), 370 (commerce and 
housing credit), and 800 (general government).

----------------------------------------------------------------------------------------------------------------
                                                               By fiscal year. in millions of dollars--
                                                     -----------------------------------------------------------
                                                        2006      2007      2008      2009      2010      2011
----------------------------------------------------------------------------------------------------------------
                                        SPENDING SUBJECT TO APPROPRIATION

NIST and NSF Spending Under Current Law:
    Budget Authority\1\.............................     6,457         0         0         0         0         0
    Estimated Outlays...............................     5,877     4,189     1,812       649       164        25
Proposed Changes:
    National Science Foundation:
        Authorization Level.........................         0     6,440     7,433     8,577     9,898    11,422
        Estimated Outlays...........................         0     1,444     4,397     6,444     7,881     9,247
    National Institutes of Standards and Technology:
        Authorization Level.........................         0       640       704       774       851       937
        Estimated Outlays...........................         0       276       478       615       739       840
    Other Spending:
        Estimated Authorization Level...............         0         4         1         1         1         1
        Estimated Outlays...........................         0         4         1         1         1         1
    Total Changes:
        Estimated Authorization Level...............         0     7,084     8,138     9,352    10,750    12,360
        Estimated Outlays...........................         0     1,724     4,876     7,060     8,621    10,088
Spending Under S. 2802:
    Estimated Authorization Level1,2................     6,457     7,084     8,138     9,352    10,750    12,360
    Estimated Outlays...............................     5,877     5,913     6,688     7,709     8,785    10,113

                                           CHANGES IN DIRECT SPENDING

Spending of NIST Fees for Facilities:
    Estimated Budget Authority......................         0         1         1         1         1         1
    Estimated Outlays...............................         0         1         1         1         1        1
----------------------------------------------------------------------------------------------------------------
\1\The 2006 level is the amount appropriated for that year for NIST and NSF.
\2\The estimate does not include the costs of the National Aeronautics and Space Administration and the National
  Oceanic and Atmospheric Administration programs addressed by titles IV and VI because such activities are
  already being carried out under existing authority.

    Basis of estimate: For this estimate, CBO assumes that S. 
2802 will be enacted by the end of fiscal year 2006 and that 
the entire amounts authorized and estimated to be necessary 
will be appropriated for each fiscal year. Estimated outlays 
are based on historical spending patterns for NSF and NIST 
programs.

Spending subject to appropriation

    S. 2802 would specifically authorize the appropriation of 
nearly $47.7 billion over the 2007-2011 period. In addition to 
those amounts, CBO estimates that other federal agencies such 
as the National Academy of Science would need about $8 million 
over that period for studies and others activities required 
under title I and title II. Assuming appropriation of those 
amounts, CBO estimates that implementing S. 2802 would cost 
$1.7 billion in fiscal year 2007 and $32.4 billion over the 
2007-2011 period. As described below, most of those amounts 
would be used for federal research programs and grants.
    National Science Foundation. Title III would authorize the 
appropriation of between $6.4 billion and $11.4 billion a year 
over the 2007-2011 period for the NSF, which supports research 
in science, mathematics, and engineering, primarily through 
competitive grants. By comparison, NSF received an 
appropriation of $5.7 billion for 2006. The bill would earmark 
a portion of the authorized amounts to increase graduate 
research fellowships, expand the graduate education and 
research trainee program, and create pilot programs to 
stimulate competitive research. CBO estimates that 
appropriation of the authorized amounts for NSF would result in 
discretionary spending of $1.4 billion in 2007 and $29.4 
billion through 2011.
    National Institutes of Standards and Technology. Title V 
would authorize the appropriation of between $640 million and 
$937 million a year over the 2007-2011 period for NIST, which 
sets industry and scientific standards, makes grants, and 
conducts research related to technology. In 2006, NIST received 
an appropriation of $0.7 billion. Appropriation of the 
specified amounts would result in discretionary spending of 
$276 million in 2007 and $2.9 billion over the 2007-2011 
period.
    Other Provisions. CBO estimates that carrying out other 
provisions of the bill would cost about $8 million over the 
2007-2011 period, assuming appropriation of the authorized or 
necessary amounts. Of that amount, $1 million would be 
specifically authorized for 2007 for the National Academy of 
Science to conduct a study on barriers to innovation in United 
States industries. Based on information provided by the Office 
of Science and Technology Policy, we estimate that $7 million 
would be used to prepare other required studies, to generate 
reports on federal regulations that inhibit scientific 
innovation, to conduct the national science and technology 
summit meeting, and to establish a council on innovation and 
competitiveness.
    We estimate that other provisions of the bill would have no 
budgetary effect because the programs they authorize would 
duplicate existing efforts. Specifically, title II would direct 
the President to set aside 8 percent of each federal agency's 
annual research budget for grants that emphasize innovative 
technologies. CBO estimates that implementing this provision 
would have no net impact on the spending of these agencies 
because it would require them to set new priorities on how they 
use their existing research resources rather than expand their 
research programs.
    Similarly, titles IV and VI would direct the National 
Aeronautics and Space Administration and the National Oceanic 
and Atmospheric Administration to coordinate research and 
development activities within their jurisdictions to emphasize 
innovation and economic competitiveness. CBO estimates that 
implementing these titles would have no significant effect on 
the federal budget because most of the activities that would be 
required are already being carried out under existing 
authority.

Direct spending

    Section 506 would authorize NIST to spend certain fees 
collected from nonfederal and private-sector entities for the 
use of its facilities. Under current law, these fees are 
deposited in the general fund of the U.S. Treasury. CBO 
estimates that allowing NIST to spend them would increase 
direct spending by about $1 million in 2007 and by about $10 
million over the 2007-2016 period.
    Intergovernmental and private-sector impact: S. 2802 
contains no intergovernmental or private-sector mandates as 
defined in UMRA. Funding authorized in the bill may benefit 
institutions of higher education that participate in research 
activities authorized in the bill. Any costs they might incur 
would result from complying with conditions for receiving 
federal assistance.
    Previous CBO estimate: On May 11, 2005, CBO transmitted a 
cost estimate for H.R. 250, the Manufacturing Technology 
Competitiveness Act of 2005, as ordered reported by the House 
Committee on Science on May 4, 2005. H.R. 250 would authorize 
appropriations for NIST and for certain NSF activities over the 
2006-2008 period. In contrast, S. 2802 would authorize 
appropriations for all NIST and NSF programs over the 2007-2011 
period. The CBO estimates for these bills reflect the different 
authorization periods and the fact that S. 2802 would cover 
additional NSF programs beyond those addressed by H.R. 250.
    Estimate prepared by: Federal Costs: Deborah Reis and Leigh 
Angres. Impact on State, Local, and Tribal Governments: Lisa 
Ramirez-Branum. Impact on the Private Sector: Fatimot Ladipo.
    Estimate approved by: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

                      Regulatory Impact Statement

  In accordance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee provides the 
following evaluation of the regulatory impact of the 
legislation, as reported:

                       NUMBER OF PERSONS COVERED

  S. 2802, as reported, would authorize appropriations for NSF 
and NIST for FY 2007 through FY 2011, and for the National 
Academy of Sciences for FY 2007. NSF conducts basic research in 
several scientific areas. NIST promotes innovation and 
industrial competitiveness by performing research in advancing 
measurement science, standards, and technology. The National 
Academy of Sciences performs a public service by bringing 
together committees of experts in all areas of scientific and 
technological endeavor. These experts serve pro bono to address 
critical national issues and give advice to the Federal 
Government and the public.

                            ECONOMIC IMPACT

  The legislation would not have an adverse impact on the 
Nation. The legislation would authorize increased levels to 
sustain on-going and new awards, cooperative agreements, and 
contracts related to the missions of NSF, NASA, NIST, and NOAA. 
The underlying objective of the bill is to improve the economic 
competitiveness of the Nation through the increased investment 
in research and development programs supporting innovation and 
the improved education of students in the science, technology, 
engineering, and mathematics.

                                PRIVACY

  This legislation would not have a negative impact on the 
personal privacy of individuals.

                               PAPERWORK

  This legislation would not increase the paperwork requirement 
for private individuals or businesses. There are reports 
required of OSTP, NSF, NIST, and NASA. These reports would 
address such topics as barriers to innovation, service science, 
regulations and tax provisions that discourage or encourage 
innovation, increased funding for the NSF, activities of the 
Basic Research Executive Council at NASA, high-risk, high-
reward research, EPSCoT, and education goals and strategies at 
NOAA. This legislation also would require OSTP to establish 
overarching principles for the communication of scientific 
research results to the public.

                      Section-by-Section Analysis


Section 1. Short title; Table of contents

  This section would provide that the legislation be cited as 
the ``American Innovation and Competitiveness Act of 2006.'' A 
Table of Contents also would be provided.

   TITLE I--OFFICE OF SCIENCE AND TECHNOLOGY POLICY; GOVERNMENT-WIDE 
                                SCIENCE

Section 101. National Science and Technology Summit

  Subsection (a) would require the President to convene a 
National Science and Technology Summit within 180 days of 
enactment to evaluate the health and direction of the Nation's 
science and technology enterprise. Subsection (b) would require 
the President to identify key research and technology 
challenges and recommendations for research and development 
investment over the next five years as a result of the Summit 
in subsection (a). Subsection (c) would require the Director of 
OSTP to provide an annual report containing recommendations for 
areas of investment for Federal research and technology 
programs together with a justification for each area identified 
in the report.
  The Committee included this provision to ensure that 
increased investments in research and technology are made 
strategically. The Summit is intended to help identify 
potential transformational areas. Nonetheless, Federal 
investment in basic research must continue across all 
scientific disciplines.
  The Committee continues to be concerned about the increasing 
costs of science projects and the dwindling public support and 
understanding of them. Many of these projects have taken on 
international partners to share the costs. An example of this 
type of partnership is represented in the International Polar 
Year (IPY) 2007-2008. The IPY is envisioned to be an intense, 
coordinated campaign of polar observations, research, and 
analysis that will be multidisciplinary in scope and 
international in participation. The National Academy of 
Sciences' report, ``A Vision for the International Polar Year 
2007-2008,'' has recommended that U.S. efforts should excite 
and engage the public to increase understanding of the 
importance of the polar regions in the global system and 
advance general science literacy in the Nation. This 
recommendation is consistent with the underlying objectives of 
the bill to encourage more students to consider careers in 
science, technology, engineering, and mathematics. The exotic 
polar regions capture the imagination of many people and, 
therefore, engage the public, including students.

Section 102. Study on barriers to innovation

  Section 102 would require the National Academy of Sciences to 
conduct a study to identify forms of risk that create barriers 
to innovation, one year after enactment of this bill and every 
four years thereafter. The study is intended to support 
research on the long-term value of innovation to the business 
community and to identify means to mitigate legal or practical 
risks presently associated with such innovation activities. The 
provision was derived from S. 2109.

Section 103. National Innovation Medal

  Section 103 amends section 16 of the Stevenson-Wydler 
Technology Innovation Act of 1980 (15 U.S.C. 3711) to rename 
the ``National Technology Medal'' as the ``National Technology 
and Innovation Medal.'' This provision is intended to respond 
to recommendations for national innovation prizes. The 
Committee expects that the Technology and Innovation medal 
would be used to recognize significant achievements at the time 
that they occur.

Section 104. Release of scientific research results

  Section 104 would require the Director of OSTP, in 
consultation with the Director of OMB, to develop and issue a 
set of principles for the communication of scientific 
information by government scientists, policy makers, and 
managers to the public within 90 days after the date of 
enactment of this Act.
  Subsection (b) would require the Director of OSTP to ensure 
that all civilian Federal agencies that conduct scientific 
research develop specific policies and procedures regarding the 
release of scientific information consistent with the 
principles established by OSTP pursuant to subsection (a) 
within 180 days after the date of enactment of this Act. 
Subsection (b) also would require that these agency-specific 
policies be uniformly applied across the agency, widely 
communicated, and readily accessible to all employees and the 
public. Finally, subsection (b) would require these agency-
specific policies to address specifically what is and what is 
not permitted or recommended.
  Section 104 is based upon recommendations from the National 
Science Board's review of the policies of Federal science 
agencies concerning the suppression and distortion of research 
findings and their impact on the quality and credibility of all 
future government-sponsored scientific research results. The 
review was performed in response to complaints from government 
scientists regarding allegations of suppression and distortion 
of climate change research findings by government officials. 
The Nation must trust the quality and credibility of science in 
order to rely on its results to inform public policy.

Section 105. Semiannual Math and Science Days

  Section 105 would express a Sense of Congress that OSTP 
should encourage all elementary and middle schools to observe a 
Math and Science Day twice in every school year for the purpose 
of facilitating the interaction of math and science mentors and 
grade school students. This section also expresses a Sense of 
Congress that OSTP should initiate a program, in consultation 
with appropriate Federal agencies and departments, to allow and 
encourage Federal employees with scientific, technological, 
engineering, or mathematical responsibilities to reach out to 
local schools on such Math and Science Days to instruct and 
inspire grade school students' interest in math and science 
through real life math and science experiences and 
demonstrations. Finally, this section expresses a Sense of 
Congress that OSTP should promote the involvement by employees 
from the private sector and from institutions of higher 
learning in Math and Science Days. Peaking the interest of 
students in real-world science and discoveries can yield 
benefits in the development of American scientific talent.

Section 106. Study on service science

  Section 106 would express a Sense of Congress that the 
Federal Government should better understand and respond 
strategically to the emerging vocation and learning discipline 
known as ``service science'' to strengthen the competitiveness 
of U.S. enterprises and institutions and to prepare U.S. 
residents for high-wage, high skill employment.
  Subsection (b) would require the Director of OSTP, through 
the National Academy of Sciences, to conduct a study on how the 
Federal Government should best support service science through 
research, education, and training. This study would have to be 
conducted not later than 270 days after the date of enactment 
of this Act. Service science would be defined as the 
curriculums, research programs, and training regimens, 
including management and engineering programs, that exist or 
that are being developed to teach individuals to apply 
technology, organizational process management, and industry 
specific-specific knowledge to solve complex problems. Section 
106 is based on a provision of S. 2109 and S. 2390 to respond 
to the ``Innovate America'' report's recommendation to 
recognize and define ``service science'' as an academic 
discipline.

Section 107. Review and report by Director of the Office of Science and 
        Technology Policy

  Section 107 would require the Director of OSTP to review all 
provisions of the Internal Revenue Code of 1986 and submit a 
report to Congress and the President on any provisions thereof 
that discourage or encourage innovation within 180 days after 
the date of enactment of this Act.

Section 108. Report by Director of the Office of Science and Technology 
        Policy

  Section 108 would require the Director of OSTP to conduct a 
comprehensive review of all Federal regulations and submit a 
report to Congress and to the President on any regulations that 
discourage or encourage innovation within 180 days after the 
date of enactment of this Act.

                     TITLE II--INNOVATION PROMOTION

Section 201. President's Council on Innovation and Competitiveness

  Section 201 would require the President to establish a 
President's Council on Innovation and Competitiveness to 
develop a comprehensive agenda to promote innovation in the 
public and private sectors. In consultation with OMB, this 
Council would develop and use metrics to assess the impact of 
existing and proposed laws that affect innovation in the United 
States. In addition, the Council would help to coordinate the 
various Federal efforts that support innovation, use metrics to 
assess the performance of the Federal innovation programs 
located in different administrative agencies, and submit an 
annual report to the President and to the Congress on how the 
Federal Government can best support innovation.
  Subsection (c) would establish the membership of the Council 
to include the Secretaries of Commerce, Defense, Education, 
Health and Human Services, Homeland Security, Labor, and 
Treasury, along with the heads of NASA, the Securities and 
Exchange Commission, NSF, the Office of the United States Trade 
Representative, OMB, OSTP, the Environmental Protection Agency, 
and other relevant Federal agencies involved in innovation. The 
Secretary of Commerce would chair the Council.
  Subsection (d) would require that as the President's Council 
on Innovation and Competitiveness develops a comprehensive 
agenda for strengthening the innovation and competitiveness 
capabilities of the Federal Government, State governments, 
academia, and the private sector, that the Council consult with 
appropriate representatives from the private sector, scientific 
organizations, academic organizations, and other 
nongovernmental organizations working in the area of science or 
technology.
  Subsection (e) would amend section 101(b) of the High-
Performance Computing Act of 1991 (15 U.S.C. 5511(b)) by 
providing that the President shall establish a distinct 
advisory committee on high-performance computing.
  Subsection (f) would enable the President to designate an 
existing council or advisory panel to perform the duties and 
functions of section 201. The Committee expects that the 
council established by this section will coordinate with other 
interagency groups that are similar in membership and purview, 
including the National Science and Technology Council.
  Section 201 is adapted from S. 2109 and S. 2390 and captures 
several recommendations from the Infrastructure section of 
``Innovate America,'' including those to create an innovation 
strategy led by the President and to use metrics and scorecards 
to track and assess national innovation.

Section 202. Innovation acceleration grants

  Section 202 would require the President, through the head of 
each Federal research agency, to establish the ``Innovation 
Acceleration Grants Program'' to support and promote innovation 
in the United States.
  Subsection (b) would require each department or agency that 
sponsors scientific research to set as a goal 8 percent of its 
annual research budget to be directed towards grants under the 
Program. Each agency head would be required to submit an 
implementation plan to OSTP and OMB within 90 days of enactment 
of this Act. Subsection (b) also would require each 
implantation plan to include metrics upon which grant funding 
decisions would be made and metrics for assessing the success 
of the grants awarded. Under subsection (b)(2)(C), any grants 
issued by an executive agency pursuant to section 202 would be 
for a period not to exceed 3 years. Not later than 90 days 
prior to the expiration of a grant issued pursuant to section 
202, the Executive agency that approved the grant would be 
required to complete an evaluation of the effectiveness of the 
grant based on established metrics under subsection (b)(2)(B). 
The Executive agency would be required to publish and make 
available to the public each grant review conducted. Any grant 
that the Executive agency awarding the grant determines has 
failed to satisfy any of the metrics established under 
subsection (b)(2)(B), shall not generally be eligible for a 
renewal. The head of the Executive agency would only be able to 
authorize a waiver from the metric-meeting requirements of 
subsection (b) if (1) he or she determined that the grant 
failed to meet a small number of metrics and (2) the failure 
was not significant for the overall performance of the grant. 
Grants that satisfy all metrics or which receive a waiver from 
the requirement to satisfy all metrics would be eligible for a 
one-time renewal for a period not to exceed 3 years. Any 
additional renewals would be considered only if the head of the 
Executive agency that awarded the grant made a specific finding 
that the program being funded involved (1) a significant 
technology advance (2) that required a longer timeframe to 
complete critical research and the research satisfied all 
metrics established under subsection (b)(2)(B).
  Both ``Innovate America'' and ``Rising Above the Gathering 
Storm'' recognize that current Federal research tends to be 
incremental and therefore, relatively low risk.\11\ The reports 
recommend methods to allocate funding for higher-risk, 
transformational research and section 202, in conjunction with 
section 503, would respond to these recommendations. The 
Committee chose to designate 8 percent of research and 
development funds as a goal rather than a hard set-aside. The 
Committee did this in order in order to allow agencies to adapt 
programs over time and so as to guard against disruption in 
research programs that are not receiving new funding under this 
Act or the American Competitiveness Initiative.
---------------------------------------------------------------------------
    \11\See Council on Competitiveness, ``Innovate America,'' p. 57 
(2005 Edition). See also ``Rising Above the Gathering Storm,'' at p. 6-
13.
---------------------------------------------------------------------------

                 TITLE III--NATIONAL SCIENCE FOUNDATION

Section 301. Authorization of appropriations

  Subsection (a) would authorize appropriations for the 
National Science Foundation (NSF) at the following levels for 5 
years.

                                         (All amounts are in billions.)
----------------------------------------------------------------------------------------------------------------
                                                2007          2008          2009          2010          2011
----------------------------------------------------------------------------------------------------------------
NSF                                              $6.440        $7.433        $8.577        $9.898       $11.422
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------

  Subsection (b) would require the Director of NSF to create a 
plan for spending this increased funding within 180 days of 
enactment, taking into account the priorities established by 
the Science Summit authorized in this Act.
  Both the ``Innovate America'' and ``Rising Above the 
Gathering Storm'' reports recommend increased investment in 
basic science at NSF. Congress previously endorsed a 5-year NSF 
doubling in the 2002 NSF Authorization Act (P.L. 107-368).
Section 302. Graduate fellowships and graduate traineeships
  Section 302 would require the Director of NSF to expand both 
the Graduate Research Fellowship Program and the Integrative 
Graduate Education and Research Traineeship Program for an 
additional 1,250 students each over the next 5 years. Of the 
funds authorized under section 301, the Graduate Research 
Fellowship Program would be authorized at $34 million for each 
of the FYs 2007 through 2011. Of the funds authorized under 
section 301, the Integrative Graduate Education and Research 
Traineeship Program would be authorized at $57 million for each 
of the FYs 2007 through 2011. The provisions are derived from 
S. 2109 and would respond to recommendations of ``Innovate 
America'' regarding graduate traineeships.
Section 303. Professional science masters degree programs
  Section 303 would require the Director of NSF to establish an 
NSF clearinghouse to share program elements used in 
professional science masters degree programs and other advanced 
degree programs related to science, mathematics, technology, 
and engineering, to help institutions of higher education 
establish professional science masters programs. The 
clearinghouse would be established in conjunction with 4-year 
institutions of higher education, graduate schools, industry, 
and Federal agencies.
  Subsection (b) would require the Director to award grants for 
pilot programs to 4-year institutions of higher education 
including applicable graduate schools, academic departments and 
programs, to facilitate the institution's creation or 
improvement of professional science master's degrees programs. 
The program would make awards to a maximum of 200 4-year 
institutions of higher institutions for a 3-year period. Any 
grant renewals would be for a maximum of 2 additional years. 
The Director would be required to give preference in making 
awards to 4-year institutions of higher education seeking 
Federal funding to support pilot professional science masters 
degree programs to applicants that secure more than 2/3 of 
their funding for such professional science masters degree 
programs from sources other than the Federal Government.
  Subsection (d) would authorize $20 million for FY 2007 and 
such sums as may be necessary for the subsequent years from the 
authorizations contained in section 301. The Professional 
Science Masters degree is a new, innovative masters degree 
option for bachelor's graduates in science, mathematics, or 
engineering, and is designed to provide training and skills to 
enable recipients to compete in today's global economy. This 2-
year, rapid-cycle degree is intended for those pursuing 
employment in industry, government, or the non-profit sectors. 
The degrees combine science and mathematics studies with 
knowledge and training in management, law, or other 
professional areas and are designed to respond to documented 
workforce needs, student interests, and demand.
  Section 303 has its origins in S. 2109 and the ``Innovate 
America'' report's recommendation regarding professional 
science masters degrees.
Section 304. Increased support for science education through the 
        National Science Foundation
  Within the amounts authorized under section 301, section 304 
would authorize appropriations for the science, mathematics, 
engineering, and technology talent program established in 
section 8(7) of the National Science Foundation Act of 2002 
(P.L. 107-368) at $35 million in FY 2007, $50 million in FY 
2008, $60 million in 2009, and $70 million in FY 2010. This 
provision, adapted from S. 2109, builds on the ``Innovate 
America'' report's discussion of NSF's technology talent 
program, which seeks to expand undergraduate majors in science, 
technology, engineering, and math fields. Subsection (b) 
encourages students involved in technology talent programs to 
reach out to middle and secondary school students and teachers 
and engage them in the science, technology, engineering, and 
mathematics fields.
Section 305. Meeting critical science needs
  Section 305, subsection (a) would require the Director of NSF 
to include consideration of the degree to which NSF awards and 
research activities assist in meeting critical national needs 
in innovation, competitiveness, the physical and natural 
sciences, technology, engineering, and mathematics. Proposed 
research activities and grants under the Research and Related 
Activities budgetary account, which can be expected to make 
contributions in physical and natural sciences, technology, 
engineering, and mathematics, or which can be expected to 
enhance competitiveness or innovation in the United States, 
should be given priority in the selection of awards and in 
allocation of NSF's resources.
  With section 305, the Committee underscores the need to 
ensure that appropriate consideration is given in the increased 
awarding of grants made possible through the increased funding 
levels authorized by this title, to proposals which have the 
potential for making significant contributions in innovation, 
competitiveness, the physical and natural sciences, technology, 
engineering, and mathematics.
  Subsection (c) provides that the priority treatment described 
in section 305(b) would be applied to other fellowship, grant, 
or award programs authorized by title III.
  With subsection (d), the Committee inserted clarifying 
language to ensure that the priority consideration required by 
section 305 does not restrict or bias the grant selection 
process against other areas of research consistent with the 
mandate of the Foundation.
Section 306. Experimental Program to Stimulate Competitive Research
  Section 306 would authorize the NSF's EPSCoR at $125 million 
for FY 2007 of the funds authorized in section 301, increasing 
each year from FY 2008 to FY 2011 by the same percentage by 
which NSF's overall funding increases. Ensuring regional 
diversity in research funding can help maximize U.S. 
competitiveness. The 25 States included in NSF's EPSCoR have 
approximately 20 percent of the U.S. population and 25 percent 
of all doctoral research universities, but receive only 10 
percent of NSF funding. NSF should strengthen its commitment to 
EPSCoR jurisdictions by including more representatives from 
these States on advisory and review panels in all directorates.
Section 307. Encouraging participation
  Subsection (a) would require the Director of NSF to establish 
a program to provide mentors for women who are interested in 
careers in science, technology, engineering, and mathematics by 
pairing such women with mentors who are working in industry.
  Subsection (b) would require the Director of NSF to establish 
a program to provide grants to community colleges to provide 
apprenticeships and other appropriate training to allow women 
to enter higher-paying technical jobs in fields related to 
science, technology, engineering, or mathematics.
  Subsection (c) would require an institution of higher 
education, including a community college, desiring a grant 
under section 307 to submit an application at such time, in 
such manner, and accompanied by such information as the 
Director of NSF may require.
  Subsection (d) would require the Director of NSF to establish 
metrics to evaluate the success of the programs established in 
subsections (a) and (b), use such metrics to evaluate the 
success of the programs established in subsections (a) and (b) 
annually, and report the findings and conclusions of the 
evaluations annually to Congress.
Section 308. Cyberinfrastructure
  Section 308 would require the Director of NSF to develop and 
publish a plan that describes the current status of broadband 
access for scientific research purposes in EPSCoR-eligible 
jurisdictions and outlines actions that could be taken to 
ensure that broadband connections are available to enable 
participation in NSF programs that rely heavily on high-speed 
networking and collaborations across institutions and regions.
Section 309. Reaffirmation of the merit-review process of the National 
        Science Foundation
  Section 309 would clarify that nothing in this Act shall be 
interpreted to require or recommend that NSF change its (1) 
merit-review system or (2) peer review process. These processes 
should continue to be used in determining what grants NSF will 
fund.

        TITLE IV--NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

Section 401. NASA's contribution to innovation
  This section would provide a Sense of Congress that NASA's 
science program contributes significantly to innovation in and 
the economic competitiveness of the United States and that 
funding NASA at the levels authorized in the NASA Authorization 
Act of 2005 would allow all of NASA's programs to contribute to 
U.S. innovation and competitiveness.
  Subsection (b) would authorize the Administrator to 
participate fully in any interagency efforts to promote 
innovation and economic competitiveness through scientific 
research and development.
  The Committee recognizes the historical contribution made by 
NASA in promoting and facilitating innovation and technological 
excellence. The Committee believes that the full level of 
funding authorized by the NASA Authorization Act of 2005 for FY 
2007 and FY 2008 is sufficient in the near-term to enable the 
balanced science program that can ensure NASA's ability to 
continue its historic role in innovation and competitiveness, 
except as noted in section 406. Space, like the oceans, remains 
largely unexplored. Discovery of the unknown can be truly 
transformational and provide the seeds for new products and 
create new industries.
Section 402. Aeronautics Institute for Research
  Section 402 would establish an Aeronautics Institute for 
Research within NASA to conduct NASA's aeronautics research 
authorized under the NASA Authorization Act of 2005.
  Subsection (c) would require the Institute to cooperate with 
relevant programs in the Department of Transportation, DoD, the 
Department of Commerce, and the Department of Homeland 
Security, including the Joint Planning and Development Office 
established under the VISION 100--Century of Aviation 
Reauthorization Act (P.L. 108-176). The Aeronautics Institute 
would be allowed to accept assistance, staff, and funding from 
other Federal departments and agencies.
Section 403. Basic research enhancement
  Section 403 would establish, within NASA, a Basic Research 
Executive Council to oversee the distribution and management of 
programs and resources engaged in support of basic research 
activity. Subsection (c) would set the membership of the 
Council as the most senior agency official representing the 
space science, earth science, life and microgravity sciences, 
and aeronautical research. Subsection (d) would require that 
the chair of the council be appointed and report directly to 
the Administrator. Subsection (e) would require that the 
Chairman of the Council be provided with adequate support to 
conduct the activity and functions of the Council. Subsection 
(f) would establish the duties of the Council as to set 
criteria for identification of basic research, set priority of 
research activity, review and evaluate research activity, make 
recommendations regarding needed adjustments in research 
activities, and provide annual reports to Congress on research 
activities.
Section 404. Aging workforce issues program
  Section 404 would express a Sense of Congress that the 
Administrator of NASA should implement a program to address 
aging workforce issues in aerospace that would: (1) document 
technical and management experiences of senior NASA employees 
before they leave NASA, (2) provide incentives for retirees to 
return to NASA to teach new NASA employees about their lesions 
and experiences, (3) provide for the development of an award to 
recognize and reward senior NASA employees for their 
contributions to knowledge sharing. Several reports have 
identified the aging of NASA's workforce as one of the 
challenges to maintaining an appropriately skilled cadre of 
NASA employees.\12\ This provision attempts to encourage 
retiring employees to transfer some of the knowledge gained 
over a career before leaving the agency.
---------------------------------------------------------------------------
    \12\See ``Issues Affecting the Future of U.S. Space Science and 
Engineering Workforce: Interim Report,'' National Research Council, 
2006, http://fermat.nap.edu/catalog/11642.html; ``Status of NASA's 
Efforts to Address Workforce Issues Related to the Space Shuttle 
Retirement,'' GAO testimony to the Committee, May 18, 2005, http://
www.gao.gov/new.items/d05718t.pdf; and ``Space Shuttle: Actions Needed 
to Better Position NASA to Sustain Its Workforce through Retirement,'' 
GAO, March 2005.
---------------------------------------------------------------------------
Section 405. Conforming amendments
  Section 405 would amend section 101(d) of the NASA 
Authorization Act of 2005 (42 U.S.C. 16611(d)) by adding that 
the assessment undertaken by NASA examine the number and 
content of science activities which may be considered as 
fundamental, or basic research, whether incorporated within 
specific missions or conducted independently of any specific 
mission. In addition, this section would require NASA to assess 
how NASA science activities can best be structured to ensure 
that basic and fundamental research can be effectively 
maintained and coordinated in response to national goals in 
competitiveness and innovation.
Section 406. Direct NASA participation in ACI
  Section 406 provides additional authorization, above the 
levels authorized in the NASA Authorization Act of 2005, of 
$160 million for the funding of basic science and research for 
FY 2007. The availability of these funds is made contingent 
upon unobligated balances being available to NASA. ``Rising 
Above the Gathering Storm'' recommends increased funding for 
basic Federal research and development, and S. 2198 includes 
authorizations for NASA research.

        TITLE V--NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

Section 501. Authorization of appropriations
  Section 501 would authorize appropriations for NIST from FY 
2007 through FY 2011, including authorizations for the Hollings 
MEP Program. The MEP authorizations are included within the 
total authorizations provided for NIST. Authorization levels 
would be set as follows:

                                         (All amounts are in millions.)
----------------------------------------------------------------------------------------------------------------
                                                2007          2008          2009          2010          2011
----------------------------------------------------------------------------------------------------------------
NIST Total                                     $639.646      $703.611      $773.972      $851.369      $936.506
----------------------------------------------------------------------------------------------------------------
MEP                                                $110          $115          $120          $125          $130
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------

  While NIST is a relatively unknown Federal agency, it has 
long been recognized as a world class research institution by 
its scientific peers. This is demonstrated by the fact that its 
staff have been honored with: three Nobel Prizes for Physics 
within the last 10 years; a MacArthur Fellowship ``Genius 
Award'', the National Medal of Science; UNESCO's 2003 Women in 
Science Award; 23 Presidential Early Career Awards for Science 
and Engineering (PECASE) awards; 16 inductions into the 
National Academies of Science and Engineering; and 33 Arthur S. 
Flemming Awards.
  Both reports, ``Innovate America'' and ``Rising Above the 
Gathering Storm,'' as well as the bills to respond to them, S. 
2109, S. 2390, and S. 2198 respectively, recommended increased 
funding for NIST.
Section 502. Amendments to the Stevenson-Wydler Technology Innovation 
        Act of 1980
  Section 502 would eliminate the Technology Administration and 
the Undersecretary of Commerce for Technology at the Department 
of Commerce, allowing the NIST Director to report directly to 
the Secretary. The FY 2007 budget request proposed funding the 
Technology Administration at $1.5 million. At this level, there 
is little likelihood that a robust program of analysis and 
advocacy would remain. The Committee believes that these 
resources could be more effectively used on other technology-
related priorities.
Section 503. Innovation acceleration grants
  Section 503 would establish the Innovation Acceleration 
Grants Program of section 202 at NIST, to be known as the 
``Standards and Technology Acceleration Research Program'' to 
support and promote innovation in the United States through 
high-risk, high-reward research and set aside no less than 8 
percent of the funds to NIST each year for the program.
  Subsection (b) would require that at least 80 percent of the 
funds available for the program shall be used to award 
competitive, merit-reviewed grants, cooperative agreements or 
contracts to public or private entities, including businesses 
and universities. The Director would be required to ensure that 
all projects with any resulting intellectual property shall 
vest in a company or companies incorporated in the United 
States. Each funded project would be required to have at least 
one small- or medium-sized business and would receive priority 
from the Director of NIST when educational institutions are 
involved.
  Subsection (c) would require the Director of NIST to solicit 
proposals annually to address areas of national need for high-
risk, high-reward research.
  Subsection (d) would require the Director of NIST to issue an 
annual report describing the program's activities, including a 
description of the metrics upon which grant funding decisions 
were made in the previous fiscal year, any proposed changes to 
those metrics, metrics for evaluating the success of ongoing 
and completed grants, and an evaluation of ongoing and 
completed grants. This subsection would require the first 
annual report to include best practices for management of 
programs to stimulate high-risk, high-reward research.
  Subsection (e) would require that no more than 5 percent of 
the funding available to the program may be used for 
administrative expenses.
  Subsection (f) would define the term ``high-risk, high-reward 
research'' to mean research that: (1) has the potential for 
yielding results with far-ranging or wide-ranging implications, 
(2) addresses critical national needs related to measurement 
standards and technology, and (3) is too novel or too 
interdisciplinary to fare well in traditional peer review 
process. By defining, ``high-risk, high-reward research'' in 
this way, the Committee does not intend to question the value 
of peer review process, which the Committee affirms as being 
essential in other sections of this legislation (see, e.g., 
section 309). Peer review is an essential component of any 
high-risk, high-reward research undertaken at NIST or any other 
Federal agency. Subsection (f) would simply note that high-
risk, high reward research, by virtue of its novelty and 
frequently interdisciplinary nature, does not fare well in 
traditional peer review. The Committee believes that standards 
and technology acceleration research program grants should be 
subject to rigorous peer review.
  Section 503 builds on provisions of S. 2109, S. 2390, and S. 
2198 to respond to recommendations regarding innovation 
acceleration and high-risk, high-reward research.
Section 504. Manufacturing extension
  Section 504 would amend section 25(c)(5) of the National 
Institute of Standards and Technology Act (15 U.S.C. 
278k(c)(5)) by inserting a probationary program for MEP centers 
that have not received a satisfactory rating. If a center's 
performance has not improved in one year, the Director would be 
required to conduct a competition to select a new operator for 
the center.
  Subsection (b) would amend current law that allows the 
acceptance of funds from other Federal agencies and the private 
sector by the Secretary of Commerce and Director to strengthen 
U.S. manufacturing. Any private sector funding would not be 
considered a part of the Federal share for the purpose of 
center cost-sharing. Funding accepted from other Federal 
departments or agencies may be considered in the calculation of 
the Federal share of capital and annual operating and 
maintenance costs under 15 U.S.C. 278k(c).
Section 505. Experimental Program to Stimulate Competitive Technology
  Section 505 would re-establish EPSCoT, previously managed by 
the Technology Administration, at NIST.
  Subsection (d) would require that in making awards under this 
section, the Director of NIST shall ensure that the awards are 
awarded on a competitive basis that includes a review of the 
merits of the activities that are subject to the award. A 
special emphasis would be given to those projects which would 
increase the participation of women, Native Americans 
(including Native Hawaiians and Alaska Natives), and other 
underrepresented groups in science and technology. Subsection 
(d)(2) would impose a matching requirement that not less than 
50 percent of the cost of activities (other than planning 
activities) carried out by an EPSCoT award be funded by non-
Federal sources. All States must improve their technology 
infrastructure in order to realize the promise of 
competitiveness and innovation.
Section 506. Technical amendments to the NIST Act and other technical 
        amendments
  Section 506 would make several technical amendments to the 
NIST Act. These amendments have been requested in previous 
years by the President. Subsection (a) would lift the 
limitation on NIST-sponsored research fellowships under current 
law. Subsection (b) would clarify NIST's authority to issue 
grants and cooperative agreements, along with contracts, 
cooperative research and development agreements, and other 
appropriate instruments, bringing NIST authority into 
conformance with the Federal Grant and Cooperative Agreement 
Act (31 U.S.C. 6301-08). The subsection also would clarify 
NIST's authority to purchase memberships in scientific 
organizations and pay registration fees for NIST employees' 
attendance at conferences.
  Subsection (c) would permit NIST to utilize a portion of its 
operating funds in the production of high priority Standard 
Reference Materials and ensure that, once recovered through 
sales, the working capital fund resources are available to 
maintain future supplies. In addition, this authority would 
permit funds transferred to NIST from other Federal agencies 
for the production of Standard Reference Materials to be 
transferred to the fund.
  Subsection (d) would update several measurements found in 
statute to be consistent with current practice and 
internationally recognized standards.
  Subsection (e) would allow NIST to retain the depreciation 
surcharge that is assessed against all Federal agencies and 
returned to the Treasury for the upkeep of public buildings.
  Subsection (f) would strike NIST authority for the Non-Energy 
Inventions program. This program is no longer operated by NIST. 
Rather, it is now operated by the Department of Energy.

                TITLE VI--OCEAN AND ATMOSPHERIC PROGRAMS

Section 601. Ocean and atmospheric research and development program
  Section 601 would require the Administrator of NOAA, in 
consultation with the Director of NSF and the Administrator of 
NASA, to establish a coordinated program of ocean and 
atmospheric research and development to promote U.S. leadership 
in ocean and atmospheric science.
  The program would be conducted in collaboration with academic 
institutions and other nongovernmental entities to focus on the 
development of advanced technologies and analytical methods 
that will promote U.S. leadership in ocean and atmospheric 
science and competitiveness in the application of such 
knowledge. Such cutting-edge research, by nature, requires an 
interdisciplinary approach that will be a critical source for 
new knowledge, new technologies and the workforce needed for 
economic competitiveness. Areas with significant promise 
include research on beneficial marine products, observing, 
monitoring, and prediction of marine and atmospheric conditions 
(including severe weather events), exploration and monitoring 
in extreme conditions, and technologies capable of detecting 
and mitigating threats to public safety or the environment.
  Federal research and training in these areas are important 
contributors to the Nation's long term economic competitiveness 
and national security. For example, the Federal investment made 
in mathematics, computer research, data collection and 
analysis, software, high end computing, modeling and 
simulation, satellites and other advanced instrumentation, 
along with the education and training of a workforce able to 
translate this research into usable forecasts, can strengthen 
our ability to understand and respond to natural disasters. In 
addition, outreach programs can magnify these benefits by 
bringing such information, in a usable form, to communities for 
a variety of purposes, including hazard mitigation, resource 
management, and planning sustainable communities.
Section 602. NOAA ocean and atmospheric science education programs
  Section 602 would require the Administrator of NOAA to 
conduct, develop, support, promote, and coordinate formal and 
informal educational activities at all levels to enhance public 
awareness and understanding of ocean, coastal, and atmospheric 
science and stewardship by the general public. In conducting 
those activities the Administrator shall build upon the 
existing educational programs and activities of the agency. 
Such programs include the National Sea Grant College Program, 
the National Marine Sanctuary Program, the National Estuarine 
Research Reserve System, the Educational Partnership Program, 
experiential learning programs for students and teachers, and 
programs relating to ocean exploration, oceans and human 
health, marine resources, and marine and atmospheric 
observations.
  Subsection (b) would require the Administrator of NOAA, 
appropriate NOAA programs, ocean and atmospheric science and 
education experts, and interested members of the public to 
develop a science education plan that would set forth education 
goals and strategies for NOAA, as well as programmatic actions 
to carry out such goals and priorities over the next 20 years. 
This plan would be reevaluated and updated every 5 years.

                        Changes in Existing Law

  In compliance with paragraph 12 of rule XXVI of the Standing 
Rules of the Senate, changes in existing law made by the bill, 
as reported, are shown as follows (existing law proposed to be 
omitted is enclosed in black brackets, new material is printed 
in italic, existing law in which no change is proposed is shown 
in roman):

                      TITLE 5, UNITED STATES CODE

                   Chapter 53--Pay Rates and Systems

SEC. 5314. POSITIONS AT LEVEL III.

                            [5 U.S.C. 5314]

    Level III of the Executive Schedule applies to the 
following positions, for which the annual rate of basic pay 
shall be the rate determined with respect to such level under 
chapter 11 of title 2, as adjusted by section 5318 of this 
title:
  Under Secretary of Commerce, Under Secretary of Commerce for 
Economic Affairs, Under Secretary of Commerce for Export 
Administration, and Under Secretary of Commerce for Travel and 
Tourism.
  Under Secretaries of State (6).
  Under Secretary of the Treasury (3).
  Administrator of the Small Business Administration.
  Deputy Administrator, Agency for International Development.
  Chairman of the Merit Systems Protection Board.
  Chairman, Federal Communications Commission.
  Chairman, Board of Directors, Federal Deposit Insurance 
Corporation.
  Chairman, Federal Energy Regulatory Commission.
  Chairman, Federal Trade Commission.
  Chairman, Surface Transportation Board.
  Chairman, National Labor Relations Board.
  Chairman, Securities and Exchange Commission.
  Chairman, Board of Directors of the Tennessee Valley 
Authority.
  Chairman, National Mediation Board.
  Chairman, Railroad Retirement Board.
  Chairman, Federal Maritime Commission.
  Comptroller of the Currency.
  Commissioner of Internal Revenue.
  Under Secretary of Defense for Policy.
  Under Secretary of Defense (Comptroller).
  Under Secretary of Defense for Personnel and Readiness.
  Under Secretary of Defense for Intelligence.
  Under Secretary of the Air Force.
  Under Secretary of the Army.
  Under Secretary of the Navy.
  Deputy Administrator of the National Aeronautics and Space 
Administration.
  Deputy Directors of Central Intelligence (2).
  Director of the Office of Emergency Planning.
  Director of the Peace Corps.
  Deputy Director, National Science Foundation.
  President of the Export-Import Bank of Washington.
  Members, Nuclear Regulatory Commission.
  Members, Defense Nuclear Facilities Safety Board.
  Director of the Federal Bureau of Investigation, Department 
of Justice.
  Administrator of the National Highway Traffic Safety 
Administration.
  Administrator of the Federal Motor Carrier Safety 
Administration.
  Administrator, Federal Railroad Administration.
  Chairman, National Transportation Safety Board.
  Chairman of the National Endowment for the Arts the incumbent 
of which also serves as Chairman of the National Council on the 
Arts.
  Chairman of the National Endowment for the Humanities.
  Director of the Federal Mediation and Conciliation Service.
  Federal Transit Administrator.
  President, Overseas Private Investment Corporation.
  Chairman, Postal Rate Commission.
  Chairman, Occupational Safety and Health Review Commission.
  Governor of the Farm Credit Administration.
  Chairman, Equal Employment Opportunity Commission.
  Chairman, Consumer Product Safety Commission.
  Under Secretaries of Energy (3).
  Chairman, Commodity Futures Trading Commission.
  Deputy United States Trade Representatives (3).
  Chief Agricultural Negotiator.
  Chairman, United States International Trade Commission.
  Under Secretary of Commerce for Oceans and Atmosphere, the 
incumbent of which also serves as Administrator of the National 
Oceanic and Atmospheric Administration.
  Associate Attorney General.
  Chairman, Federal Mine Safety and Health Review Commission.
  Chairman, National Credit Union Administration Board.
  Deputy Director of the Office of Personnel Management.
  Under Secretary of Agriculture for Farm and Foreign 
Agricultural Services.
  Under Secretary of Agriculture for Food, Nutrition, and 
Consumer Services.
  Under Secretary of Agriculture for Natural Resources and 
Environment.
  Under Secretary of Agriculture for Research, Education, and 
Economics.
  Under Secretary of Agriculture for Food Safety.
  Under Secretary of Agriculture for Marketing and Regulatory 
Programs.
  Director, Institute for Scientific and Technological 
Cooperation.
  Under Secretary of Agriculture for Rural Development.
  Administrator, Maritime Administration.
  Executive Director Property Review Board.
  Deputy Administrator of the Environmental Protection Agency.
  Archivist of the United States.
  Executive Director, Federal Retirement Thrift Investment 
Board.
  Deputy Under Secretary of Defense for Acquisition and 
Technology.
  Deputy Under Secretary of Defense for Logistics and Materiel 
Readiness.
  Director, Trade and Development Agency.
  [Under Secretary of Commerce for Technology.]
  Under Secretary for Health, Department of Veterans Affairs.
  Under Secretary for Benefits, Department of Veterans Affairs.
  Under Secretary for Memorial Affairs, Department of Veterans 
Affairs.
  Under Secretaries, Department of Homeland Security.
  Director of the Bureau of Citizenship and Immigration 
Services.
  Director of the Office of Government Ethics.
  Administrator for Federal Procurement Policy.
  Administrator, Office of Information and Regulatory Affairs, 
Office of Management and Budget.
  Director of the Office of Thrift Supervision.
  Chairperson of the Federal Housing Finance Board.
  Executive Secretary, National Space Council.
  Controller, Office of Federal Financial Management, Office of 
Management and Budget.
  Administrator, Research and Innovative Technology 
Administration.
  Under Secretary of Commerce for Intellectual Property and 
Director of the United States Patent and Trademark Office.
  Register of Copyrights.
  Deputy Director for State and Local Affairs, Office of 
National Drug Control Policy.
  Commissioner of Customs, Department of Homeland Security.
  Under Secretary of Education[.]
  Administrator of the Centers for Medicare & Medicaid 
Services.
  Administrator of the Office of Electronic Government.
  Administrator, Pipeline and Hazardous Materials Safety 
Administration.

                       METRIC SYSTEM ACT OF 1866

[SEC. 2. AUTHORIZED TABLES.

                            [15 U.S.C. 205]

  [The tables\1\ in the schedule hereto annexed shall be 
recognized in the construction of contracts, and in all legal 
proceedings, as establishing, in terms of the weights and 
measures now in use in the United States, the equivalents of 
the weights and measures expressed therein in terms of the 
metric system; and the tables may lawfully be used for 
computing, determining, and expressing in customary weights and 
measures the weights and measures of the metric system.
---------------------------------------------------------------------------
    \1\Tables omitted
---------------------------------------------------------------------------

SEC. 2. METRIC SYSTEM DEFINED.

  The metric system of measurement shall be defined as the 
International System of Units as established in 1960, and 
subsequently maintained, by the General Conference of Weights 
and Measures, and as interpreted or modified for the United 
States by the Secretary of Commerce.

                       [THE ACT OF JULY 21, 1950

                     [UNITS OF ELECTRICAL MEASURE.

                            [15 U.S.C. 223]

  [From and after the date this Act is approved, the legal 
units of electrical and photometric measurement in the United 
States of America shall be those defined and established as 
provided in the following sections.
  [Resistance--ohm.--The unit of electrical resistance shall be 
the ohm, which is equal to one thousand million units of 
resistance of the centimeter-gram-second system of 
electromagnetic units.
  [Current--ampere.--The unit of electric current shall be the 
ampere, which is one-tenth of the unit of current of the 
centimeter-gram-second system of electromagnetic units.
  [Electromotive force and electric potential--volt.--The unit 
of electromotive force and of electric potential shall be the 
volt, which is the electromotive force that, steadily applied 
to a conductor whose resistance is one ohm, will produce a 
current of one ampere.
  [Quantity--coulomb.--The unit of electric quantity shall be 
the coulomb, which is the quantity of electricity transferred 
by a current of one ampere in one second.
  [Capacitance--farad.--The unit of electrical capacitance 
shall be the farad, which is the capacitance of a capacitor 
that is charged to a potential of one volt by one coulomb of 
electricity.
  [Inductance--henry.--The unit of electrical inductance shall 
be the henry, which is the inductance in a circuit such that an 
electromotive force of one volt is induced in the circuit by 
variation of an inducing current at the rate of one ampere per 
second.
  [Power--watt.--The unit of power shall be the watt, which is 
equal to ten million units of power in the centimeter-gram-
second system, and which is the power required to cause an 
unvarying current of one ampere to flow between points 
differing in potential by one volt.
  [Energy--joule; kilowatt-hour.--The units of energy shall be 
(a) the joule, which is equivalent to the energy supplied by a 
power of one watt operating for one second, and (b) the 
kilowatt-hour, which is equivalent to the energy supplied by a 
power of one thousand watts operating for one hour.
  [Intensity of light--candela.--The unit of intensity of light 
shall be the candela, which is one-sixtieth of the intensity of 
one square centimeter of a perfect radiator, known as a ``black 
body'', when operated at the temperature of freezing platinum.
  [Flux of light--lumen.--The unit of flux of light shall be 
the lumen, which is the flux in a unit of solid angle from a 
source of which the intensity is one candela.

 [ESTABLISHMENT OF VALUES OF PRIMARY ELECTRIC AND PHOTOMETRIC UNITS IN 
                    ABSOLUTE MEASURE; LEGAL VALUES.

                            [15 U.S.C. 224]

  [It shall be the duty of the Secretary of Commerce to 
establish the values of the primary electric and photometric 
units in absolute measure, and the legal values for these units 
shall be those represented by, or derived from, national 
reference standards maintained by the Department of Commerce.]

                   ACT OF MARCH 19, 1918 [CALDER ACT]

SEC. 1. ZONES FOR STANDARD TIME; INTERSTATE OR FOREIGN COMMERCE.

                            [15 U.S.C. 261]

  (a) In General._For the purpose of establishing the standard 
time of the United States, the territory of the United States 
shall be divided into nine zones in the manner provided in this 
section. [Except as provided in section 3(a) of the Uniform 
Time Act of 1966, the standard time of the first zone shall be 
based on the mean solar time of the sixtieth degree of 
longitude west from Greenwich; that of the second zone on the 
seventy-fifth degree; that of the third zone on the ninetieth 
degree; that of the fourth zone on the one hundred and fifth 
degree; that of the fifth zone on the one hundred and twentieth 
degree; that of the sixth zone on the one hundred and thirty-
fifth degree; that of the seventh zone on the one hundred and 
fiftieth degree; that of the eighth zone on the one hundred and 
sixty-fifth degree; and that of the ninth zone on the one 
hundred and fiftieth meridian of longitude east from Greenwich. 
The limits of each zone shall be defined by an order of the 
Secretary of Transportation, having regard for the convenience 
of commerce and the existing junction points and division 
points of common carriers engaged in interstate or foreign 
commerce, and any such order may be modified from time to 
time.] Except as provided in section 3(a) of the Uniform Time 
Act of 1966, the standard time of the first zone shall be 
Coordinated Universal Time retarded by 4 hours; that of the 
second zone retarded by 5 hours; that of the third zone 
retarded by 6 hours; that of the fourth zone retarded by 7 
hours; that of the fifth zone retarded 8 hours; that of the 
sixth zone retarded by 9 hours; that of the seventh zone 
retarded by 10 hours; that of the eighth zone retarded by 11 
hours; and that of the ninth zone shall be Coordinated 
Universal Time advanced by 10 hours. As used in this Act, the 
term ``interstate or foreign commerce'' means commerce between 
a State, the District of Columbia, the Commonwealth of Puerto 
Rico, or any possession of the United States and any place 
outside thereof.
  (b) Coordinated Universal Time Defined.--In this section, the 
term ``Coordinated Universal Time'' means the time scale 
maintained through the General Conference of Weights and 
Measures and interpreted or modified for the United States by 
the Secretary of Commerce.

           NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY ACT

SEC. 2. ESTABLISHMENT, FUNCTIONS, AND ACTIVITIES.

                            [15 U.S.C. 272]

  (a) Establishment of National Institute of Standards and 
Technology.--There is established within the Department of 
Commerce a science, engineering, technology, and measurement 
laboratory to be known as the National Institute of Standards 
and Technology (hereafter in this Act referred to as the 
``Institute'').
  (b) Functions of Secretary and Institute.--The Secretary of 
Commerce (hereafter in this Act referred to as the 
``Secretary'') acting through the Director of the Institute 
(hereafter in this Act referred to as the ``Director'') and, if 
appropriate, through other officials, is authorized to take all 
actions necessary and appropriate to accomplish the purposes of 
this Act, including the following functions of the Institute--
          (1) to assist industry in the development of 
        technology and procedures needed to improve quality, to 
        modernize manufacturing processes, to ensure product 
        reliability, manufacturability, functionality, and 
        cost-effectiveness, and to facilitate the more rapid 
        commercialization, especially by small- and medium-
        sized companies throughout the United States, of 
        products based on new scientific discoveries in fields 
        such as automation, electronics, advanced materials, 
        biotechnology, and optical technologies;
          (2) to develop, maintain, and retain custody of the 
        national standards of measurement, and provide the 
        means and methods for making measurements consistent 
        with those standards;
          (3) to compare standards used in scientific 
        investigations, engineering, manufacturing, commerce, 
        industry, and educational institutions with the 
        standards adopted or recognized by the Federal 
        Government and to coordinate the use by Federal 
        agencies of private sector standards, emphasizing where 
        possible the use of standards developed by private, 
        consensus organizations;
          (4) to enter into contracts, including cooperative 
        research and development arrangements, and grants and 
        cooperative arrangements, in furtherance of the 
        purposes of this Act;
          (5) to provide United States industry, Government, 
        and educational institutions with a national 
        clearinghouse of current information, techniques, and 
        advice for the achievement of higher quality and 
        productivity based on current domestic and 
        international scientific and technical development;
          (6) to assist industry in the development of 
        measurements, measurement methods, and basic 
        measurement technology;
          (7) to determine, compile, evaluate, and disseminate 
        physical constants and the properties and performance 
        of conventional and advanced materials when they are 
        important to science, engineering, manufacturing, 
        education, commerce, and industry and are not available 
        with sufficient accuracy elsewhere;
          (8) to develop a fundamental basis and methods for 
        testing materials, mechanisms, structures, equipment, 
        and systems, including those used by the Federal 
        Government;
          (9) to assure the compatibility of United States 
        national measurement standards with those of other 
        nations;
          (10) to cooperate with other departments and agencies 
        of the Federal Government, with industry, with State 
        and local governments, with the governments of other 
        nations and international organizations, and with 
        private organizations in establishing standard 
        practices, codes, specifications, and voluntary 
        consensus standards;
          (11) to advise government and industry on scientific 
        and technical problems;
          (12) to invent, develop, and (when appropriate) 
        promote transfer to the private sector of measurement 
        devices to serve special national needs; and
          (13) to coordinate Federal, State, and local 
        technical standards activities and conformity 
        assessment activities, with private sector technical 
        standards activities and conformity assessment 
        activities, with the goal of eliminating unnecessary 
        duplication and complexity in the development and 
        promulgation of conformity assessment requirements and 
        measures.
  (c) Implementation Activities.--In carrying out the functions 
specified in subsection (b), the Secretary, acting through the 
Director and, if appropriate, through other appropriate 
officials, may, among other things--
          (1) construct physical standards;
          (2) test, calibrate, and certify standards and 
        standard measuring apparatus;
          (3) study and improve instruments, measurement 
        methods, and industrial process control and quality 
        assurance techniques;
          (4) cooperate with the States in securing uniformity 
        in weights and measures laws and methods of inspection;
          (5) cooperate with foreign scientific and technical 
        institutions to understand technological developments 
        in other countries better;
          (6) prepare, certify, and sell standard reference 
        materials for use in ensuring the accuracy of chemical 
        analyses and measurements of physical and other 
        properties of materials;
          (7) in furtherance of the purposes of this Act, 
        accept research associates, cash donations, and donated 
        equipment from industry, and also engage with industry 
        in research to develop new basic and generic 
        technologies for traditional and new products and for 
        improved production and manufacturing;
          (8) study and develop fundamental scientific 
        understanding and improved measurement, analysis, 
        synthesis, processing, and fabrication methods for 
        chemical substances and compounds, ferrous and 
        nonferrous metals, and all traditional and advanced 
        materials, including processes of degradation;
          (9) investigate ionizing and nonionizing radiation 
        and radioactive substances, their uses, and ways to 
        protect people structures, and equipment from their 
        harmful effects;
          (10) determine the atomic and molecular structure of 
        matter, through analysis of spectra and other methods, 
        to provide a basis for predicting chemical and physical 
        structures and reactions and for designing new 
        materials and chemical substances, including 
        biologically active macromolecules;
          (11) perform research on electromagnetic waves, 
        including optical waves, and on properties and 
        performance of electrical, electronic, and 
        electromagnetic devices and systems and their essential 
        materials, develop and maintain related standards, and 
        disseminate standard signals through broadcast and 
        other means;
          (12) develop and test standard interfaces, 
        communication protocols, and data structures for 
        computer and related telecommunications systems;
          (13) study computer systems (as that term is defined 
        in section 20(d) of this Act) and their use to control 
        machinery and processes;
          (14) perform research to develop standards and test 
        methods to advance the effective use of computers and 
        related systems and to protect the information stored, 
        processed, and transmitted by such systems and to 
        provide advice in support of policies affecting Federal 
        computer and related telecommunications systems;
          (15) determine properties of building materials and 
        structural elements, and encourage their 
        standardization and most effective use, including 
        investigation of fire-resisting properties of building 
        materials and conditions under which they may be most 
        efficiently used, and the standardization of types of 
        appliances for fire prevention;
          (16) undertake such research in engineering, pure and 
        applied mathematics, statistics, computer science, 
        materials science, and the physical sciences as may be 
        necessary to carry out and support the functions 
        specified in this section;
          (17) compile, evaluate, publish, and otherwise 
        disseminate general, specific and technical data 
        resulting from the performance of the functions 
        specified in this section or from other sources when 
        such data are important to science, engineering, or 
        industry, or to the general public, and are not 
        available elsewhere;
          (18) collect, create, analyze, and maintain specimens 
        of scientific value;
          (19) operate national user facilities;
          (20) evaluate promising inventions and other novel 
        technical concepts submitted by inventors and small 
        companies and work with other Federal agencies, States, 
        and localities to provide appropriate technical 
        assistance and support for those inventions which are 
        found in the evaluation process to have commercial 
        promise;
          (21) demonstrate the results of the Institute's 
        activities by exhibits or other methods of technology 
        transfer, including the use of scientific or technical 
        personnel of the Institute for part-time or 
        intermittent teaching and training activities at 
        educational institutions of higher learning as part of 
        and incidental to their official duties; [and]
          (22) notwithstanding subsection (b)(4) of this 
        section, the Grants and Cooperative Agreements Act (31 
        U.S.C. 6301-6308), the Competition in Contracting Act 
        (31 U.S.C. 3551-3556), and the Federal Acquisition 
        Regulations set forth in title 48, Code of Federal 
        Regulations, to expend appropriated funds for National 
        Institute of Standards and Technology memberships in 
        scientific organizations, registration fees for 
        attendance at conferences, and sponsorship of 
        conferences in furtherance of technology transfer; and
          [(22)] (23) undertake such other activities similar 
        to those specified in this subsection as the Director 
        determines appropriate.
  (d) Management Costs.--In carrying out the extramural funding 
programs of the Institute, including the programs established 
under sections 25, 26, and 28 of this Act, the Secretary may 
retain reasonable amounts of any funds appropriated pursuant to 
authorizations for these programs in order to pay for the 
Institute's management of these programs.

           *       *       *       *       *       *       *


SEC. 12. WORKING CAPITAL FUND.

                            [15 U.S.C. 278b]

  (a) Utilization.--The Institute is authorized to utilize in 
the performance of its functions the Working Capital Fund 
established by the Act of June 29, 1950 (64 Stat. 275).
  (b) Availability of Fund.--The working capital of the fund 
shall be available for obligation and payment for any 
activities authorized by this Act, as amended, and for any 
activities for which provision is made in the appropriations 
which reimburse the fund.
  (c) Reimbursements.--In the performance of authorized 
activities, the Working Capital Fund shall be available and may 
be reimbursed for expenses of hire of automobile, hire of 
consultants, and travel to meetings, to the extent that such 
expenses are authorized for the appropriations of the 
Department of Commerce.
  (d) Credits.--The fund may be credited with advances and 
reimbursements, including receipts from non-Federal sources, 
for services performed under the authority of section 3 of this 
Act.
  (e) ``Cost'' Defined.--As used in this Act the term ``cost'' 
shall be construed to include directly related expenses and 
appropriate charges for indirect and administrative expenses.
  (f) Distribution of Earnings; Restoration of Prior 
Impairment.--The amount of any earned net income resulting from 
the operation of the fund at the close of each fiscal year 
shall be paid into the general fund of the Treasury: Provided, 
That such earned net income may be applied to restore any prior 
impairment of the fund, and to ensure the availability of 
working capital necessary to replace equipment and inventories.
  (g) Amount and Source of Transfers.--Not to exceed one-
quarter per centum of the amounts appropriated to the Institute 
for any fiscal year may be transferred to the fund, in addition 
to any other transfer authority. In addition, funds provided to 
the Institute from other Federal agencies for the purpose of 
production of Standard Reference Materials may be transferred 
to the fund.

           *       *       *       *       *       *       *


SEC. 14. CONSTRUCTION AND IMPROVEMENT OF BUILDINGS AND FACILITIES.

                            [15 U.S.C. 278d]

  (a) In General._Within the limits of funds which are 
appropriated for the Institute, the Secretary of Commerce is 
authorized to undertake such construction of buildings and 
other facilities and to make such improvements to existing 
buildings, grounds, and other facilities occupied or used by 
the Institute as are necessary for the proper and efficient 
conduct of the activities authorized herein.
  (b) Retention of Fees.--The Director is authorized to retain 
all building use and depreciation surcharge fees collected 
pursuant to OMB Circular A-25. Such fees shall be collected and 
credited to the Construction of Research Facilities 
Appropriation Account for use in maintenance and repair of 
National Institute of Standards and Technology's existing 
facilities.

           *       *       *       *       *       *       *


SEC. 18. RESEARCH FELLOWSHIPS AND OTHER FINANCIAL ASSISTANCE TO 
                    STUDENTS AT INSTITUTES OF HIGHER EDUCATION.

                           [15 U.S.C. 278g-1]

  The Director is authorized to expend [up to 1 per centum of 
the] funds appropriated for activities of the Institute in any 
fiscal year, as the Director may deem desirable, for awards of 
research fellowships and other forms of financial assistance to 
students at institutions of higher learning within the United 
States who show promise as present or future contributors to 
the mission of the Institute, and to United States citizens for 
research and technical activities on Institute programs. The 
selection of persons to receive such fellowships and assistance 
shall be made on the basis of ability and of the relevance of 
the proposed work to the mission and programs of the Institute.

           *       *       *       *       *       *       *


SEC. 25. REGIONAL CENTERS FOR THE TRANSFER OF MANUFACTURING TECHNOLOGY.

                            [15 U.S.C. 278k]

  (a) Creation and Support of Centers; Affiliations; Merit 
Review in Determining Awards; Objectives.--The Secretary, 
through the Director and, if appropriate, through other 
officials, shall provide assistance for the creation and 
support of Regional Centers for the Transfer of Manufacturing 
Technology (hereafter in this Act referred to as the 
``Centers''). Such centers shall be affiliated with any United 
States-based nonprofit institution or organization, or group 
thereof, that applies for and is awarded financial assistance 
under this section in accordance with the description published 
by the Secretary in the Federal Register under subsection 
(c)(2). Individual awards shall be decided on the basis of 
merit review. The objective of the Centers is to enhance 
productivity and technological performance in United States 
manufacturing through--
          (1) the transfer of manufacturing technology and 
        techniques developed at the Institute to Centers and, 
        through them, to manufacturing companies throughout the 
        United States;
          (2) the participation of individuals from industry, 
        universities, State governments, other Federal 
        agencies, and, when appropriate, the Institute in 
        cooperative technology transfer activities;
          (3) efforts to make new manufacturing technology and 
        processes usable by United States-based small- and 
        medium-sized companies;
          (4) the active dissemination of scientific, 
        engineering, technical, and management information 
        about manufacturing to industrial firms, including 
        small- and medium-sized manufacturing companies; and
          (5) the utilization, when appropriate, of the 
        expertise and capability that exists in Federal 
        laboratories other than the Institute.
  (b) Activities of Centers.--The activities of the Centers 
shall include--
          (1) the establishment of automated manufacturing 
        systems and other advanced production technologies, 
        based on research by the Institute, for the purpose of 
        demonstrations and technology transfer;
          (2) the active transfer and dissemination of research 
        findings and Center expertise to a wide range of 
        companies and enterprises, particularly small- and 
        medium-sized manufacturers; and
          (3) loans, on a selective, short-term basis, of items 
        of advanced manufacturing equipment to small 
        manufacturing firms with less than 100 employees.
  (c) Duration and Amount of Support; Program Descriptions; 
Applications; Merit Review; Evaluations of Assistance; 
Applicability of Patent Law.--
          (1) The Secretary may provide financial support to 
        any Center created under subsection (a) for a period 
        not to exceed six years. The Secretary may not provide 
        to a Center more than 50 percent of the capital and 
        annual operating and maintenance funds required to 
        create and maintain such Center.
          (2) The Secretary shall publish in the Federal 
        Register, within 90 days after the date of the 
        enactment of this section, a draft description of a 
        program for establishing Centers, including--
                  (A) a description of the program;
                  (B) procedures to be followed by applicants;
                  (C) criteria for determining qualified 
                applicants;
                  (D) criteria, including those listed under 
                paragraph (4), for choosing recipients of 
                financial assistance under this section from 
                among the qualified applicants; and
                  (E) maximum support levels expected to be 
                available to Centers under the program in the 
                fourth through sixth years of assistance under 
                this section.The Secretary shall publish a 
                final description under this paragraph after 
                the expiration of a 30-day comment period.
          (3) Any nonprofit institution, or group thereof, or 
        consortia of nonprofit institutions, including entities 
        existing on the date of the enactment of this section, 
        may submit to the Secretary an application for 
        financial support under this subsection, in accordance 
        with the procedures established by the Secretary and 
        published in the Federal Register under paragraph (2). 
        In order to receive assistance under this section, an 
        applicant shall provide adequate assurances that it 
        will contribute 50 percent or more of the proposed 
        Center's capital and annual operating and maintenance 
        costs for the first three years and an increasing share 
        for each of the last three years. Each applicant shall 
        also submit a proposal for the allocation of the legal 
        rights associated with any invention which may result 
        from the proposed Center's activities.
          (4) The Secretary shall subject each such application 
        to merit review. In making a decision whether to 
        approve such application and provide financial support 
        under this subsection, the Secretary shall consider at 
        a minimum (A) the merits of the application, 
        particularly those portions of the application 
        regarding technology transfer, training and education, 
        and adaptation of manufacturing technologies to the 
        needs of particular industrial sectors, (B) the quality 
        of service to be provided, (C) geographical diversity 
        and extent of service area, and (D) the percentage of 
        funding and amount of in-kind commitment from other 
        sources.
          (5) Each Center which receives financial assistance 
        under this section shall be evaluated during its third 
        year of operation by an evaluation panel appointed by 
        the Secretary. Each such evaluation panel shall be 
        composed of private experts, none of whom shall be 
        connected with the involved Center, and Federal 
        officials. An official of the Institute shall chair the 
        panel. Each evaluation panel shall measure the involved 
        Center's performance against the objectives specified 
        in this section. The Secretary shall not provide 
        funding for the fourth through the sixth years of such 
        Center's operation unless the evaluation is positive. 
        If the evaluation is positive, the Secretary may 
        provide continued funding through the sixth year at 
        declining levels. A Center that has not received a 
        positive evaluation by the evaluation panel shall be 
        notified by the panel of the deficiencies in its 
        performance and shall be placed on probation for one 
        year, after which time the panel shall reevaluate the 
        Center. If the Center has not addressed the 
        deficiencies identified by the panel, or shown a 
        significant improvement in its performance, the 
        Director shall conduct a new competition to select an 
        operator for the Center or may close the Center. After 
        the sixth year, a Center may receive additional 
        financial support under this section if it has received 
        a positive evaluation through an independent review, 
        under procedures established by the Institute. Such an 
        independent review shall be required at least every two 
        years after the sixth year of operation. Funding 
        received for a fiscal year under this section after the 
        sixth year of operation shall not exceed one third of 
        the capital and annual operating and maintenance costs 
        of the Center under the program.
          (6) The provisions of chapter 18 of title 35, United 
        States Code, shall (to the extent not inconsistent with 
        this section) apply to the promotion of technology from 
        research by Centers under this section except for 
        contracts for such specific technology extension or 
        transfer services as may be specified by statute or by 
        the Director.
  [(d) Acceptance of Funds From Other Federal Departments and 
Agencies.--In addition to such sums as may be authorized and 
appropriated to the Secretary and Director to operate the 
Centers program, the Secretary and Director also may accept 
funds from other Federal departments and agencies for the 
purpose of providing Federal funds to support Centers. Any 
Center which is supported with funds which originally came from 
other Federal departments and agencies shall be selected and 
operated according to the provisions of this section.]
  (d) Acceptance of Funds.--In addition to such sums as may be 
appropriated to the Secretary and Director to operate the 
Centers program, the Secretary and Director also may accept 
funds from other Federal departments and agencies and under 
section 2(c)(7) from the private sector for the purpose of 
strengthening United States manufacturing. Such funds from the 
private sector, if allocated to a Center or Centers, shall not 
be considered in the calculation of the Federal share of 
capital and annual operating and maintenance costs under 
subsection (c).

           *       *       *       *       *       *       *


[SEC. 28. NON-ENERGY INVENTIONS PROGRAM.

                            [15 U.S.C. 278m]

  [In conjunction with the initial organization of the 
Institute, the Director shall establish a program for the 
evaluation of inventions that are not energy-related to 
complement but not replace the Energy-Related Inventions 
Program established under section 14 of the Federal Nonnuclear 
Energy Research and Development Act of 1974 (Public Law 93-
577). The Director shall submit an initial implementation plan 
for this program to accompany the organization plan for the 
Institute. The implementation plan shall include specific cost 
estimates, implementation schedules, and mechanisms to help 
finance the development of technologies the program has 
determined to have potential. In the preparation of the plan, 
the Director shall consult with appropriate Federal agencies, 
including the Small Business Administration and the Department 
of Energy, State and local government organizations, university 
officials, and private sector organizations in order to obtain 
advice on how those agencies and organizations might cooperate 
with the expansion of this program of the Institute.]

           STEVENSON-WYDLER TECHNOLOGY INNOVATION ACT OF 1980

SEC. 4. DEFINITIONS.

                            [15 U.S.C. 3703]

  As used in this Act, unless the context otherwise requires, 
the term--
          [(1) ``Office'' means the Office of Technology Policy 
        established under section 5 of this Act.]
          [(2)] (1) ``Secretary'' means the Secretary of 
        Commerce.
          [(3) ``Under Secretary'' means the Under Secretary of 
        Commerce for Technology appointed under section 
        5(b)(1).]
          [(4)] (2) ``Centers'' means the Cooperative Research 
        Centers established under section 7 or section 9 of 
        this Act.
          [(5)] (3) ``Nonprofit institution'' means an 
        organization owned and operated exclusively for 
        scientific or educational purposes, no part of the net 
        earnings of which inures to the benefit of any private 
        shareholder or individual.
          [(6)] (4) ``Federal laboratory'' means any 
        laboratory, any federally funded research and 
        development center, or any center established under 
        section 7 or section 9 of this Act that is owned, 
        leased, or otherwise used by a Federal agency and 
        funded by the Federal Government, whether operated by 
        the Government or by a contractor.
          [(7)] (5) ``Supporting agency'' means either the 
        Department of Commerce or the National Science 
        Foundation, as appropriate.
          [(8)] (6) ``Federal agency'' means any executive 
        agency as defined in section 105 of title 5, United 
        States Code, and the military departments as defined in 
        section 102 of such title, as well as any agency of the 
        legislative branch of the Federal Government.
          [(9)] (7) ``Invention'' means any invention or 
        discovery which is or may be patentable or otherwise 
        protected under title 35, United States Code, or any 
        novel variety of plant which is or may be protectable 
        under the Plant Variety Protection Act (7 U.S.C. 2321 
        et seq.).
          [(10)] (8) ``Made'' when used in conjunction with any 
        invention means the conception or first actual 
        reduction to practice of such invention.
          [(11)] (9) ``Small business firm'' means a small 
        business concern as defined in section 2 of Public Law 
        85-536 (15 U.S.C. 632) and implementing regulations of 
        the Administrator of the Small Business Administration.
          [(12)] (10) ``Training technology'' means computer 
        software and related materials which are developed by a 
        Federal agency to train employees of such agency, 
        including but not limited to software for computer-
        based instructional systems and for interactive video 
        disc systems.
          [(13)] (11) ``Clearinghouse'' means the Clearinghouse 
        for State and Local Initiatives on Productivity, 
        Technology, and Innovation established by section 6.

[SEC. 5. COMMERCE AND TECHNOLOGICAL INNOVATION.

                            [15 U.S.C. 3704]

  [(a) Establishment.--There is established in the Department 
of Commerce a Technology Administration, which shall operate in 
accordance with the provisions, findings, and purposes of this 
Act. The Technology Administration shall include--
          [(1) the National Institute of Standards and 
        Technology;
          [(2) the National Technical Information Service; and
          [(3) a policy analysis office, which shall be known 
        as the Office of Technology Policy.
  [(b) Under Secretary and Assistant Secretary.--The President 
shall appoint, by and with the advice and consent of the 
Senate, to the extent provided for in appropriations Acts--
          [(1) an Under Secretary of Commerce for Technology, 
        who shall be compensated at the rate provided for level 
        III of the Executive Schedule in section 5314 of title 
        5, United States Code; and
          [(2) an Assistant Secretary of Commerce for 
        Technology Policy, who shall serve as policy analyst 
        for the Under Secretary.
  [(c) Duties.--The Secretary, through the Under Secretary, as 
appropriate, shall--
          [(1) manage the Technology Administration and 
        supervise its agencies, programs, and activities;
          [(2) conduct technology policy analyses to improve 
        United States industrial productivity, technology, and 
        innovation, and cooperate with United States industry 
        in the improvement of its productivity, technology, and 
        ability to compete successfully in world markets;
          [(3) carry out any functions formerly assigned to the 
        Office of Productivity, Technology, and Innovation;
          [(4) assist in the implementation of the Metric 
        Conversion Act of 1975;
          [(5) determine the relationships of technological 
        developments and international technology transfers to 
        the output, employment, productivity, and world trade 
        performance of United States and foreign industrial 
        sectors;
          [(6) determine the influence of economic, labor and 
        other conditions, industrial structure and management, 
        and government policies on technological developments 
        in particular industrial sectors worldwide;
          [(7) identify technological needs, problems, and 
        opportunities within and across industrial sectors 
        that, if addressed, could make a significant 
        contribution to the economy of the United States;
          [(8) assess whether the capital, technical and other 
        resources being allocated to domestic industrial 
        sectors which are likely to generate new technologies 
        are adequate to meet private and social demands for 
        goods and services and to promote productivity and 
        economic growth;
          [(9) propose and support studies and policy 
        experiments, in cooperation with other Federal 
        agencies, to determine the effectiveness of measures 
        with the potential of advancing United States 
        technological innovation.
          [(10) provide that cooperative efforts to stimulate 
        industrial innovation be undertaken between the Under 
        Secretary and other officials in the Department of 
        Commerce responsible for such areas as trade and 
        economic assistance;
          [(11) encourage and assist the creation of centers 
        and other joint initiatives by State or local 
        governments regional organizations, private businesses, 
        institutions of higher education, nonprofit 
        organizations, or Federal laboratories to encourage 
        technology transfer, to stimulate innovation, and to 
        promote an appropriate climate for investment in 
        technology-related industries;
          [(12) propose and encourage cooperative research 
        involving appropriate Federal entities, State or local 
        governments, regional organizations, colleges or 
        universities, nonprofit organizations, or private 
        industry to promote the common use of resources, to 
        improve training programs and curricula, to stimulate 
        interest in high technology careers, and to encourage 
        the effective dissemination of technology skills within 
        the wider community;
          [(13) serve as a focal point for discussions among 
        United States companies on topics of interest to 
        industry and labor, including discussions regarding 
        manufacturing and discussions regarding emerging 
        technologies;
          [(14) consider government measures with the potential 
        of advancing United States technological innovation and 
        exploiting innovations of foreign origin; and
          [(15) publish the results of studies and policy 
        experiments.
  [(d) Japanese Technical Literature.--
          [(1) In addition to the duties specified in 
        subsection (c), the Secretary and the Under Secretary 
        shall establish, and through the National Technical 
        Information Service and with the cooperation of such 
        other offices within the Department of Commerce as the 
        Secretary considers appropriate, maintain a program 
        (including an office in Japan) which shall, on a 
        continuing basis--
                  [(A) monitor Japanese technical activities 
                and developments;
                  [(B) consult with businesses, professional 
                societies, and libraries in the United States 
                regarding their needs for information on 
                Japanese developments in technology and 
                engineering;
                  [(C) acquire and translate selected Japanese 
                technical reports and documents that may be of 
                value to agencies and departments of the 
                Federal Government, and to businesses and 
                researchers in the United States; and
                  [(D) coordinate with other agencies and 
                departments of the Federal Government to 
                identify significant gaps and avoid duplication 
                in efforts by the Federal Government to 
                acquire, translate, index, and disseminate 
                Japanese technical information.
  [Activities undertaken pursuant to subparagraph (C) of this 
paragraph shall only be performed on a cost-reimbursable basis. 
Translations referred to in such subparagraph shall be 
performed only to the extent that they are not otherwise 
available from sources within the private sector in the United 
States.
          [(2) Beginning in 1986, the Secretary shall prepare 
        annual reports regarding important Japanese scientific 
        discoveries and technical innovations in such areas as 
        computers, semiconductors, biotechnology, and robotics 
        and manufacturing. In preparing such reports, the 
        Secretary shall consult with professional societies and 
        businesses in the United States. The Secretary may, to 
        the extent provided in advance by appropriation Acts, 
        contract with private organizations to acquire and 
        translate Japanese scientific and technical information 
        relevant to the preparation of such reports.
          [(3) The Secretary also shall encourage professional 
        societies and private businesses in the United States 
        to increase their efforts to acquire, screen, 
        translate, and disseminate Japanese technical 
        literature.
          [(4) In addition, the Secretary shall compile, 
        publish, and disseminate an annual directory which 
        lists--
                  [(A) all programs and services in the United 
                States that collect, abstract, translate, and 
                distribute Japanese scientific and technical 
                information; and
                  [(B) all translations of Japanese technical 
                documents performed by agencies and departments 
                of the Federal Government in the preceding 12 
                months that are available to the public.
          [(5) The Secretary shall transmit to the Congress, 
        within 1 year after the date of enactment of the 
        Japanese Technical Literature Act of 1986, a report on 
        the activities of the Federal Government to collect, 
        abstract, translate, and distribute declassified 
        Japanese scientific and technical information.
  [(e) [Omitted]
  [(f) Experimental Program To Stimulate Competitive 
Technology.--
          [(1) In general.--The Secretary, acting through the 
        Under Secretary, shall establish for fiscal year 1999 a 
        program to be known as the Experimental Program to 
        Stimulate Competitive Technology (referred to in this 
        subsection as the ``program''). The purpose of the 
        program shall be to strengthen the technological 
        competitiveness of those States that have historically 
        received less Federal research and development funds 
        than those received by a majority of the States.
          [(2) Arrangements.--In carrying out the program, the 
        Secretary, acting through the Under Secretary, shall--
                  [(A) enter into such arrangements as may be 
                necessary to provide for the coordination of 
                the program through the State committees 
                established under the Experimental Program to 
                Stimulate Competitive Research of the National 
                Science Foundation; and
                  [(B) cooperate with--
                          [(i) any State science and technology 
                        council established under the program 
                        under subparagraph (A); and
                          [(ii) representatives of small 
                        business firms and other appropriate 
                        technology-based businesses.
          [(3) Grants and cooperative agreements.--In carrying 
        out the program, the Secretary, acting through the 
        Under Secretary, may make grants or enter into 
        cooperative agreements to provide for--
                  [(A) technology research and development;
                  (B) technology transfer from university 
                research;
                  [(C) technology deployment and diffusion; and
                  [(D) the strengthening of technological 
                capabilities through consortia comprised of--
                          [(i) technology-based small business 
                        firms;
                          [(ii) industries and emerging 
                        companies;
                          [(iii) universities; and
                          [(iv) State and local development 
                        agencies and entities.
          [(4) Requirements for making awards.--
                  [(A) In general.--In making awards under this 
                subsection, the Secretary, acting through the 
                Under Secretary, shall ensure that the awards 
                are awarded on a competitive basis that 
                includes a review of the merits of the 
                activities that are the subject of the award.
                  [(B) Matching requirement.--The non-Federal 
                share of the activities (other than planning 
                activities) carried out under an award under 
                this subsection shall be not less than 25 
                percent of the cost of those activities.
          [(5) Criteria for States.--The Secretary, acting 
        through the Under Secretary, shall establish criteria 
        for achievement by each State that participates in the 
        program. Upon the achievement of all such criteria, a 
        State shall cease to be eligible to participate in the 
        program.
          [(6) Coordination.--To the extent practicable, in 
        carrying out this subsection, the Secretary, acting 
        through the Under Secretary, shall coordinate the 
        program with other programs of the Department of 
        Commerce.
          [(7) Report.--
                  [(A) In general.--Not later than 90 days 
                after the date of the enactment of the 
                Technology Administration Act of 1998, the 
                Under Secretary shall prepare and submit a 
                report that meets the requirements of this 
                paragraph to the Secretary. Upon receipt of the 
                report, the Secretary shall transmit a copy of 
                the report to the Committee on Commerce, 
                Science, and Transportation of the Senate and 
                the Committee on Science of the House of 
                Representatives.
                  [(B) Requirements for report.--The report 
                prepared under this paragraph shall contain 
                with respect to the program--
                          [(i) a description of the structure 
                        and procedures of the program;
                          [(ii) a management plan for the 
                        program;
                          [(iii) a description of the merit-
                        based review process to be used in the 
                        program;
                          [(iv) milestones for the evaluation 
                        of activities to be assisted under the 
                        program in fiscal year 1999;
                          [(v) an assessment of the eligibility 
                        of each State that participates in the 
                        Experimental Program to Stimulate 
                        Competitive Research of the National 
                        Science Foundation to participate in 
                        the program under this subsection; and
                          [(vi) the evaluation criteria with 
                        respect to which the overall management 
                        and effectiveness of the program will 
                        be evaluated.]

           *       *       *       *       *       *       *


[SEC. 16. NATIONAL TECHNOLOGY MEDAL.]

SEC. 16. NATIONAL TECHNOLOGY AND INNOVATION MEDAL.

                            [15 U.S.C. 3711]

  (a) Establishment.--There is hereby established a National 
[Technology Medal,] Technology and Innovation Medal, which 
shall be of such design and materials and bear such 
inscriptions as the President, on the basis of recommendations 
submitted by the Office of Science and Technology Policy, may 
prescribe.
  (b) Award.--The President shall periodically award the medal, 
on the basis of recommendations received from the Secretary or 
on the basis of such other information and evidence as he deems 
appropriate, to individuals or companies, which in his judgment 
are deserving of special recognition by reason of their 
outstanding contributions to the promotion of technology or 
technological manpower for the improvement of the economic, 
environmental, or social well-being of the United States.
  (c) Presentation.--The presentation of the award shall be 
made by the President with such ceremonies as he may deem 
proper.

           *       *       *       *       *       *       *


SEC. 21. AUTHORIZATION OF APPROPRIATIONS.

                            [15 U.S.C. 3713]

  (a)(1) There is authorized to be appropriated to the 
Secretary for the purposes of carrying out [sections 5, 11(g), 
and 16] sections 11(g) and 16 of this Act not to exceed 
$3,400,000 for the fiscal year ending September 30, 1988.
          (2) Of the amount authorized under paragraph (1) of 
        this subsection, $2,400,000 is authorized only for the 
        Office of Productivity, Technology, and Innovation; 
        [$500,000 is authorized only for the purpose of 
        carrying out the requirements of the Japanese technical 
        literature program established under section 5(d) of 
        this Act;] and $500,000 is authorized only for the 
        patent licensing activities of the National Technical 
        Information Service.
  (b) In addition to the authorization of appropriations 
provided under subsection (a) of this section, there is 
authorized to be appropriated to the Secretary for the purposes 
of carrying out section 6 of this Act not to exceed $500,000 
for the fiscal year ending September 30, 1988, $1,000,000 for 
the fiscal year ending September 30, 1989, and $1,500,000 for 
the fiscal year ending September 30, 1990.
  (c) Such sums as may be appropriated under subsections (a) 
and (b) shall remain available until expended.
  (d) To enable the National Science Foundation to carry out 
its powers and duties under this Act only such sums may be 
appropriated as the Congress may authorize by law.

                 HIGH-PERFORMANCE COMPUTING ACT OF 1991

SEC. 101. NATIONAL HIGH-PERFORMANCE COMPUTING PROGRAM.

                            [15 U.S.C. 5511]

  (a) National High-Performance Computing Program.--
          (1) The President shall implement a National High-
        Performance Computing Program, which shall--
                  (A) establish the goals and priorities for 
                Federal high-performance computing research, 
                development, networking, and other activities; 
                and
                  (B) provide for interagency coordination of 
                Federal high-performance computing research, 
                development, networking, and other activities 
                undertaken pursuant to the Program.
          (2) The Program shall--
                  (A) provide for the development of 
                technologies to advance the capacity and 
                capabilities of the Internet;
                  (B) provide for high performance testbed 
                networks to enable the research, development, 
                and demonstration of advanced networking 
                technologies and to develop and demonstrate 
                advanced applications made possible by the 
                existence of such testbed networks;
                  (C) promote connectivity among computer 
                networks of Federal agencies and departments;
                  (D) provide for efforts to increase software 
                availability, productivity, capability, 
                portability, and reliability;
                  (E) provide for improved dissemination of 
                Federal agency data and electronic information;
                  (F) provide for acceleration of the 
                development of high-performance computing 
                systems, subsystems, and associated software;
                  (G) provide for the technical support and 
                research and development of high-performance 
                computing software and hardware needed to 
                address Grand Challenges;
                  (H) provide for educating and training 
                additional undergraduate and graduate students 
                in software engineering, computer science, 
                library and information science, and 
                computational science; and
                  (I) provide--
                          (i) for the security requirements, 
                        policies, and standards necessary to 
                        protect Federal research computer 
                        networks and information resources 
                        accessible through Federal research 
                        computer networks, including research 
                        required to establish security 
                        standards for high-performance 
                        computing systems and networks; and
                          (ii) that agencies and departments 
                        identified in the annual report 
                        submitted under paragraph (3)(A) shall 
                        define and implement a security plan 
                        consistent with the Program and with 
                        applicable law.
          (3) The Director shall--
                  (A) submit to the Congress an annual report, 
                along with the President's annual budget 
                request, describing the implementation of the 
                Program;
                  (B) provide for interagency coordination of 
                the Program; and
                  (C) consult with academic, State, industry, 
                and other appropriate groups conducting 
                research on and using high-performance 
                computing.
          (4) The annual report submitted under paragraph 
        (3)(A) shall--
                  (A) include a detailed description of the 
                goals and priorities established by the 
                President for the Program;
                  (B) set forth the relevant programs and 
                activities, for the fiscal year with respect to 
                which the budget submission applies, of each 
                Federal agency and department, including--
                          (i) the Department of Agriculture;
                          (ii) the Department of Commerce;
                          (iii) the Department of Defense;
                          (iv) the Department of Education;
                          (v) the Department of Energy;
                          (vi) the Department of Health and 
                        Human Services;
                          (vii) the Department of the Interior;
                          (viii) the Environmental Protection 
                        Agency;
                          (ix) the National Aeronautics and 
                        Space Administration;
                          (x) the National Science Foundation; 
                        and
                          (xi) such other agencies and 
                        departments as the President or the 
                        Director considers appropriate;
                  (C) describe the levels of Federal funding 
                for the fiscal year during which such report is 
                submitted, and the levels proposed for the 
                fiscal year with respect to which the budget 
                submission applies, for specific activities, 
                including education, research, hardware and 
                software development, and support for the 
                establishment of the Network;
                  (D) describe the levels of Federal funding 
                for each agency and department participating in 
                the Program for the fiscal year during which 
                such report is submitted, and the levels 
                proposed for the fiscal year with respect to 
                which the budget submission applies;
                  (E) include the report of the Secretary of 
                Energy required by section 203(d); and
                  (F) include an analysis of the progress made 
                toward achieving the goals and priorities 
                established for the Program.
  (b) Advisory Committee.--The President shall establish [an] a 
distinct advisory committee on high-performance computing 
consisting of non-Federal members, including representatives of 
the research, education, and library communities, network 
providers, and industry, who are specially qualified to provide 
the Director with advice and information on high-performance 
computing. The recommendations of the advisory committee shall 
be considered in reviewing and revising the Program. The 
advisory committee shall provide the Director with an 
independent assessment of--
          (1) progress made in implementing the Program;
          (2) the need to revise the Program;
          (3) the balance between the components of the 
        Program;
          (4) whether the research and development undertaken 
        pursuant to the Program is helping to maintain United 
        States leadership in computing technology; and
          (5) other issues identified by the Director.
  (c) Office of Management and Budget.--
          (1) Each Federal agency and department participating 
        in the Program shall, as part of its annual request for 
        appropriations to the Office of Management and Budget, 
        submit a report to the Office of Management and Budget 
        which--
                  (A) identifies each element of its high-
                performance computing activities which 
                contributes directly to the Program or benefits 
                from the Program; and
                  (B) states the portion of its request for 
                appropriations that is allocated to each such 
                element.
          (2) The Office of Management and Budget shall review 
        each such report in light of the goals, priorities, and 
        agency and departmental responsibilities set forth in 
        the annual report submitted under subsection (a)(3)(A), 
        and shall include, in the President's annual budget 
        estimate, a statement of the portion of each 
        appropriate agency's or department's annual budget 
        estimate relating to its activities undertaken pursuant 
        to the Program.

           *       *       *       *       *       *       *


SEC. 208. FOSTERING UNITED STATES COMPETITIVENESS IN HIGH-PERFORMANCE 
                    COMPUTING AND RELATED ACTIVITIES.

                            [15 U.S.C. 5528]

  (a) Findings.--The Congress finds the following:
          (1) High-performance computing and associated 
        technologies are critical to the United States economy.
          (2) While the United States has led the development 
        of high-performance computing, United States industry 
        is facing increasing global competition.
          (3) Despite existing international agreements on fair 
        competition and nondiscrimination in government 
        procurements, there is increasing concern that such 
        agreements are not being honored, that more aggressive 
        enforcement of such agreements is needed, and that 
        additional steps may be required to ensure fair global 
        competition, particularly in high-technology fields 
        such as high-performance computing and associated 
        technologies.
          (4) It is appropriate for Federal agencies and 
        departments to use the funds authorized for the Program 
        in a manner which most effectively fosters the 
        maintenance and development of United States leadership 
        in high-performance computers and associated 
        technologies in and for the benefit of the United 
        States.
          (5) It is appropriate for Federal agencies and 
        departments to use the funds authorized for the Program 
        in a manner, consistent with the Trade Agreements Act 
        of 1979 (19 U.S.C. 2501 et seq.), which most 
        effectively fosters reciprocal competitive procurement 
        treatment by foreign governments for United States 
        high-performance computing and associated technology 
        products and suppliers.
  (b) Annual Report.--
          (1) Report.--The Director shall submit an annual 
        report to Congress that identifies--
                  (A) any grant, contract, cooperative 
                agreement, or cooperative research and 
                development agreement (as defined under section 
                12(d)(1) of the Stevenson-Wydler Technology 
                Innovation Act of 1980 (15 U.S.C. 3710a(d)(1)) 
                made or entered into by any Federal agency or 
                department for research and development under 
                the Program with--
                          (i) any company other than a company 
                        that is either incorporated or located 
                        in the United States, and that has 
                        majority ownership by individuals who 
                        are citizens of the United States; or
                          (ii) any educational institution or 
                        nonprofit institution located outside 
                        the United States; and
                  (B) any procurement exceeding $1,000,000 by 
                any Federal agency or department under the 
                Program for--
                          (i) unmanufactured articles, 
                        materials, or supplies mined or 
                        produced outside the United States; or
                          (ii) manufactured articles, 
                        materials, or supplies other than those 
                        manufactured in the United States 
                        substantially all from articles, 
                        materials, or supplies mined, produced, 
                        or manufactured in the United States, 
                        under the meaning of title III of the 
                        Act of March 3, 1933 (41 U.S.C. 10a-
                        10d; popularly known as the Buy 
                        American Act) as amended by the Buy 
                        American Act of 1988.
          (2) Consolidation of reports.--The report required by 
        this subsection may be included with the report 
        required by section 101(a)(3)(A).
  [(c) Review of Supercomputer Agreement.--
          [(1) Report.--The Under Secretary for Technology 
        Administration of the Department of Commerce (in this 
        subsection referred to as the ``Under Secretary'') 
        shall conduct a comprehensive study of the revised 
        ``Procedures to Introduce Supercomputers'' and the 
        accompanying exchange of letters between the United 
        States and Japan dated June 15, 1990 (commonly referred 
        to as the ``Supercomputer Agreement'') to determine 
        whether the goals and objectives of such Agreement have 
        been met and to analyze the effects of such Agreement 
        on United States and Japanese supercomputer 
        manufacturers. Within 180 days after the date of 
        enactment of this Act, the Under Secretary shall submit 
        a report to Congress containing the results of such 
        study.
          [(2) Consultation.--In conducting the comprehensive 
        study under this subsection, the Under Secretary shall 
        consult with approprite Federal agencies and 
        departments and with United States manufacturers of 
        supercomputers and other appropriate private sector 
        entities.]
  [(d)] (c) Application of Buy American Act.--This Act does not 
affect the applicability of title III of the Act of March 3, 
1933 (41 U.S.C. 10a-10d; popularly known as the Buy American 
Act), as amended by the Buy American Act of 1988, to 
procurements by Federal agencies and departments undertaken as 
a part of the Program.

                    ASSISTIVE TECHNOLOGY ACT OF 1998

SEC. 6. NATIONAL ACTIVITIES.

                            [29 U.S.C. 3005]

  (a) In General.--In order to support activities designed to 
improve the administration of this Act, the Secretary, under 
subsection (b)--
          (1) may award, on a competitive basis, grants, 
        contracts, and cooperative agreements to entities to 
        support activities described in paragraphs (1) and (2) 
        of subsection (b); and
          (2) shall award, on a competitive basis, grants, 
        contracts, and cooperative agreements to entities to 
        support activities described in paragraphs (3), (4), 
        and (5) of subsection (b).
  (b) Authorized Activities.--
          (1) National public-awareness toolkit.--
                  (A) National public-awareness toolkit.--The 
                Secretary may award a 1-time grant, contract, 
                or cooperative agreement to an eligible entity 
                to support a training and technical assistance 
                program that--
                          (i) expands public-awareness efforts 
                        to reach targeted individuals and 
                        entities;
                          (ii) contains appropriate accessible 
                        multimedia materials to reach targeted 
                        individuals and entities, for 
                        dissemination to State assistive 
                        technology programs; and
                          (iii) in coordination with State 
                        assistive technology programs, provides 
                        meaningful and up-to-date information 
                        to targeted individuals and entities 
                        about the availability of assistive 
                        technology devices and assistive 
                        technology services.
                  (B) Eligible entity.--To be eligible to 
                receive the grant, contract, or cooperative 
                agreement, an entity shall develop a 
                partnership that--
                          (i) shall consist of--
                                  (I) a lead agency or 
                                implementing entity for a State 
                                assistive technology program or 
                                an organization or association 
                                that represents implementing 
                                entities for State assistive 
                                technology programs;
                                  (II) a private or public 
                                entity from the media industry;
                                  (III) a private entity from 
                                the assistive technology 
                                industry; and
                                  (IV) a private employer or an 
                                organization or association 
                                that represents private 
                                employers;
                          (ii) may include other entities 
                        determined by the Secretary to be 
                        necessary; and
                          (iii) may include other entities 
                        determined by the applicant to be 
                        appropriate.
          (2) Research and development.--
                  (A) In general.--The Secretary may award 
                grants, contracts, or cooperative agreements to 
                eligible entities to carry out research and 
                development of assistive technology that 
                consists of--
                          (i) developing standards for 
                        reliability and accessibility of 
                        assistive technology, and standards for 
                        interoperability (including open 
                        standards) of assistive technology with 
                        information technology, 
                        telecommunications products, and other 
                        assistive technology; or
                          (ii) developing assistive technology 
                        that benefits individuals with 
                        disabilities or developing technologies 
                        or practices that result in the 
                        adaptation, maintenance, servicing, or 
                        improvement of assistive technology 
                        devices.
                  (B) Eligible entities.--Entities eligible to 
                receive a grant, contract, or cooperative 
                agreement under this paragraph shall include--
                          (i) providers of assistive technology 
                        services and assistive technology 
                        devices;
                          (ii) institutions of higher 
                        education, including University Centers 
                        for Excellence in Developmental 
                        Disabilities Education, Research, and 
                        Service authorized under subtitle D of 
                        title I of the Developmental 
                        Disabilities Assistance and Bill of 
                        Rights Act of 2000 (42 U.S.C. 15061 et 
                        seq.), or such institutions offering 
                        rehabilitation engineering programs, 
                        computer science programs, or 
                        information technology programs;
                          (iii) manufacturers of assistive 
                        technology devices; and
                          (iv) professionals, individuals, 
                        organizations, and agencies providing 
                        services or employment to individuals 
                        with disabilities.
                  (C) Collaboration.--An entity that receives a 
                grant, contract, or cooperative agreement under 
                this paragraph shall, in developing and 
                implementing the project carried out through 
                the grant, contract, or cooperative agreement 
                coordinate activities with the lead agency for 
                the State assistive technology program (or a 
                national organization that represents such 
                programs) and the State advisory council 
                described in section 4(c)(2) (or a national 
                organization that represents such councils).
          (3) State training and technical assistance.--
                  (A) Training and technical assistance 
                efforts.--The Secretary shall award a grant, 
                contract, or cooperative agreement to an entity 
                to support a training and technical assistance 
                program that--
                          (i) addresses State-specific 
                        information requests concerning 
                        assistive technology from entities 
                        funded under this Act and public 
                        entities not funded under this Act, 
                        including--
                                  (I) requests for information 
                                on effective approaches to 
                                Federal-State coordination of 
                                programs for individuals with 
                                disabilities, related to 
                                improving funding for or access 
                                to assistive technology devices 
                                and assistive technology 
                                services for individuals with 
                                disabilities of all ages;
                                  (II) requests for state-of-
                                the-art, or model, Federal, 
                                State, and local laws, 
                                regulations, policies, 
                                practices, procedures, and 
                                organizational structures, that 
                                facilitate, and overcome 
                                barriers to, funding for, and 
                                access to, assistive technology 
                                devices and assistive 
                                technology services;
                                  (III) requests for 
                                information on effective 
                                approaches to developing, 
                                implementing, evaluating, and 
                                sustaining activities described 
                                in sections 4 and 5 and related 
                                to improving funding for or 
                                access to assistive technology 
                                devices and assistive 
                                technology services for 
                                individuals with disabilities 
                                of all ages, and requests for 
                                assistance in developing 
                                corrective action plans;
                                  (IV) requests for examples of 
                                policies, practices, 
                                procedures, regulations, or 
                                judicial decisions that have 
                                enhanced or may enhance access 
                                to funding for assistive 
                                technology devices and 
                                assistive technology services 
                                for individuals with 
                                disabilities;
                                  (V) requests for information 
                                on effective approaches to the 
                                development of consumer-
                                controlled systems that 
                                increase access to, funding 
                                for, and awareness of, 
                                assistive technology devices 
                                and assistive technology 
                                services; and
                                  (VI) other requests for 
                                training and technical 
                                assistance from entities funded 
                                under this Act and public and 
                                private entities not funded 
                                under this Act;
                          (ii) assists targeted individuals and 
                        entities by disseminating information 
                        about--
                                  (I) Federal, State, and local 
                                laws, regulations, policies, 
                                practices, procedures, and 
                                organizational structures, that 
                                facilitate, and overcome 
                                barriers to, funding for, and 
                                access to, assistive technology 
                                devices and assistive 
                                technology services, to promote 
                                fuller independence, 
                                productivity, and inclusion in 
                                society for individuals with 
                                disabilities of all ages; and
                                  (II) technical assistance 
                                activities undertaken under 
                                clause (i);
                          (iii) provides State-specific, 
                        regional, and national training and 
                        technical assistance concerning 
                        assistive technology to entities funded 
                        under this Act, other entities funded 
                        under this Act, and public and private 
                        entities not funded under this Act, 
                        including--
                                  (I) annually providing a 
                                forum for exchanging 
                                information concerning, and 
                                promoting program and policy 
                                improvements in, required 
                                activities of the State 
                                assistive technology programs;
                                  (II) facilitating onsite and 
                                electronic information sharing 
                                using state-of-the-art Internet 
                                technologies such as real-time 
                                online discussions, multipoint 
                                video conferencing, and web-
                                based audio/video broadcasts, 
                                on emerging topics that affect 
                                State assistive technology 
                                programs;
                                  (III) convening experts from 
                                State assistive technology 
                                programs to discuss and make 
                                recommendations with regard to 
                                national emerging issues of 
                                importance to individuals with 
                                assistive technology needs;
                                  (IV) sharing best practice 
                                and evidence-based practices 
                                among State assistive 
                                technology programs;
                                  (V) maintaining an accessible 
                                website that includes a link to 
                                State assistive technology 
                                programs, appropriate Federal 
                                departments and agencies, and 
                                private associations and 
                                developing a national toll-free 
                                number that links callers from 
                                a State with the State 
                                assistive technology program in 
                                their State;
                                  (VI) developing or utilizing 
                                existing (as of the date of the 
                                award involved) model 
                                cooperative volume-purchasing 
                                mechanisms designed to reduce 
                                the financial costs of 
                                purchasing assistive technology 
                                for required and discretionary 
                                activities identified in 
                                section 4, and reducing 
                                duplication of activities among 
                                State assistive technology 
                                programs; and
                                  (VII) providing access to 
                                experts in the areas of 
                                banking, microlending, and 
                                finance, for entities funded 
                                under this Act, through site 
                                visits, teleconferences, and 
                                other means, to ensure access 
                                to information for entities 
                                that are carrying out new 
                                programs or programs that are 
                                not making progress in 
                                achieving the objectives of the 
                                programs; and
                          (iv) includes such other activities 
                        as the Secretary may require.
                  (B) Eligible entities.--To be eligible to 
                receive a grant, contract, or cooperative 
                agreement under this paragraph, an entity shall 
                have (directly or through grant or contract)--
                          (i) experience and expertise in 
                        administering programs, including 
                        developing, implementing, and 
                        administering the required and 
                        discretionary activities described in 
                        sections 4 and 5, and providing 
                        technical assistance; and
                          (ii) documented experience in and 
                        knowledge about banking, finance, and 
                        microlending.
                  (C) Collaboration.--In developing and 
                providing training and technical assistance 
                under this paragraph, including activities 
                identified as priorities, a recipient of a 
                grant, contract, or cooperative agreement under 
                this paragraph shall collaborate with other 
                organizations, in particular--
                          (i) organizations representing 
                        individuals with disabilities;
                          (ii) national organizations 
                        representing State assistive technology 
                        programs;
                          (iii) organizations representing 
                        State officials and agencies engaged in 
                        the delivery of assistive technology;
                          (iv) the data-collection and 
                        reporting providers described in 
                        paragraph (5); and
                          (v) other providers of national 
                        programs or programs of national 
                        significance funded under this Act.
          (4) National information internet system.--
                  (A) In general.--The Secretary shall award a 
                grant, contract, or cooperative agreement to an 
                entity to renovate, update, and maintain the 
                National Public Internet Site established under 
                this Act (as in effect on the day before the 
                date of enactment of the Assistive Technology 
                Act of 2004).
                  (B) Features of internet site.--The National 
                Public Internet Site shall contain the 
                following features:
                          (i) Availability of information at 
                        any time.--The site shall be designed 
                        so that any member of the public may 
                        obtain information posted on the site 
                        at any time.
                          (ii) Innovative automated intelligent 
                        agent.--The site shall be constructed 
                        with an innovative automated 
                        intelligent agent that is a diagnostic 
                        tool for assisting users in problem 
                        definition and the selection of 
                        appropriate assistive technology 
                        devices and assistive technology 
                        services resources.
                          (iii) Resources.--
                                  (I) Library on assistive 
                                technology.--The site shall 
                                include access to a 
                                comprehensive working library 
                                on assistive technology for all 
                                environments, including home, 
                                workplace, transportation, and 
                                other environments.
                                  (II) Information on 
                                accommodating individuals with 
                                disabilities.--The site shall 
                                include access to evidence-
                                based research and best 
                                practices concerning how 
                                assistive technology can be 
                                used to accommodate individuals 
                                with disabilities in the areas 
                                of education, employment, 
                                health care, community living, 
                                and telecommunications and 
                                information technology.
                                  (III) Resources for a number 
                                of disabilities.--The site 
                                shall include resources 
                                relating to the largest 
                                possible number of 
                                disabilities, including 
                                resources relating to low-level 
                                reading skills.
                          (iv) Links to private-sector 
                        resources and information.--To the 
                        extent feasible, the site shall be 
                        linked to relevant private-sector 
                        resources and information, under 
                        agreements developed between the 
                        recipient of the grant, contract, or 
                        cooperative agreement and cooperating 
                        private-sector entities.
                          (v) Links to public-sector resources 
                        and information.--To the extent 
                        feasible, the site shall be linked to 
                        relevant public-sector resources and 
                        information, such as the Internet sites 
                        of the Office of Special Education and 
                        Rehabilitation Services of the 
                        Department of Education, the Office of 
                        Disability Employment Policy of the 
                        Department of Labor, the Small Business 
                        Administration, the Architectural and 
                        Transportation Barriers Compliance 
                        Board, [the Technology Administration 
                        of the Department of Commerce,] the 
                        National Institute of Standards and 
                        Technology, the Jobs Accommodation 
                        Network funded by the Office of 
                        Disability Employment Policy of the 
                        Department of Labor, and other relevant 
                        sites.
                          (vi) Minimum library components.--At 
                        a minimum, the site shall maintain 
                        updated information on--
                                  (I) State assistive 
                                technology program 
                                demonstration sites where 
                                individuals may try out 
                                assistive technology devices;
                                  (II) State assistive 
                                technology program device loan 
                                program sites where individuals 
                                may borrow assistive technology 
                                devices;
                                  (III) State assistive 
                                technology program device 
                                reutilization program sites;
                                  (IV) alternative financing 
                                programs or State financing 
                                systems operated through, or 
                                independently of, State 
                                assistive technology programs, 
                                and other sources of funding 
                                for assistive technology 
                                devices; and
                                  (V) various programs, 
                                including programs with tax 
                                credits, available to employers 
                                for hiring or accommodating 
                                employees who are individuals 
                                with disabilities.
                  (C) Eligible entity.--To be eligible to 
                receive a grant, contract, or cooperative 
                agreement under this paragraph, an entity shall 
                be a nonprofit organization, for-profit 
                organization, or institution of higher 
                education, that--
                          (i) emphasizes research and 
                        engineering;
                          (ii) has a multidisciplinary research 
                        center; and
                          (iii) has demonstrated expertise in--
                                  (I) working with assistive 
                                technology and intelligent 
                                agent interactive information 
                                dissemination systems;
                                  (II) managing libraries of 
                                assistive technology and 
                                disability-related resources;
                                  (III) delivering to 
                                individuals with disabilities 
                                education, information, and 
                                referral services, including 
                                technology-based curriculum-
                                development services for adults 
                                with low-level reading skills;
                                  (IV) developing cooperative 
                                partnerships with the private 
                                sector, particularly with 
                                private-sector computer 
                                software, hardware, and 
                                Internet services entities; and
                                  (V) developing and designing 
                                advanced Internet sites.
          (5) Data-collection and reporting assistance.--
                  (A) In general.--The Secretary shall award 
                grants, contracts, and cooperative agreements 
                to entities to assist the entities in carrying 
                out State assistive technology programs in 
                developing and implementing effective data-
                collection and reporting systems that--
                          (i) focus on quantitative and 
                        qualitative data elements;
                          (ii) measure the outcomes of the 
                        required activities described in 
                        section 4 that are implemented by the 
                        States and the progress of the States 
                        toward achieving the measurable goals 
                        described in section 4(d)(3);
                          (iii) provide States with the 
                        necessary information required under 
                        this Act or by the Secretary for 
                        reports described in section 4(f)(2); 
                        and
                          (iv) help measure the accrued 
                        benefits of the activities to 
                        individuals who need assistive 
                        technology.
                  (B) Eligible entities.--To be eligible to 
                receive a grant, contract, or cooperative 
                agreement under this paragraph, an entity shall 
                have personnel with--
                          (i) documented experience and 
                        expertise in administering State 
                        assistive technology programs;
                          (ii) experience in collecting and 
                        analyzing data associated with 
                        implementing required and discretionary 
                        activities;
                          (iii) expertise necessary to identify 
                        additional data elements needed to 
                        provide comprehensive reporting of 
                        State activities and outcomes; and
                          (iv) experience in utilizing data to 
                        provide annual reports to State 
                        policymakers.
  (c) Application.--To be eligible to receive a grant, 
contract, or cooperative agreement under this section, an 
entity shall submit an application to the Secretary at such 
time, in such manner, and containing such information as the 
Secretary may require.
  (d) Input.--With respect to the activities described in 
subsection (b) to be funded under this section, including the 
national and regionally based training and technical assistance 
efforts carried out through the activities, in designing the 
activities the Secretary shall consider, and in providing the 
activities providers shall include, input of the directors of 
comprehensive statewide programs of technology-related 
assistance, directors of alternative financing programs, and 
other individuals the Secretary determines to be appropriate, 
especially--
          (1) individuals with disabilities who use assistive 
        technology and understand the barriers to the 
        acquisition of such technology and assistive technology 
        services;
          (2) family members, guardians, advocates, and 
        authorized representatives of such individuals;
          (3) individuals employed by protection and advocacy 
        systems funded under section 5;
          (4) relevant employees from Federal departments and 
        agencies, other than the Department of Education;
          (5) representatives of businesses; and
          (6) venders and public and private researchers and 
        developers.

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION AUTHORIZATION ACT OF 2005

SEC. 101. RESPONSIBILITIES, POLICIES, AND PLANS.

                           [42 U.S.C. 16611]

  (a) General Responsibilities.--
          (1) Programs.--The Administrator shall ensure that 
        NASA carries out a balanced set of programs that shall 
        include, at a minimum, programs in--
                  (A) human space flight, in accordance with 
                subsection (b);
                  (B) aeronautics research and development; and
                  (C) scientific research, which shall include, 
                at a minimum--
                          (i) robotic missions to study the 
                        Moon and other planets and their moons, 
                        and to deepen understanding of 
                        astronomy, astrophysics, and other 
                        areas of science that can be 
                        productively studied from space;
                          (ii) earth science research and 
                        research on the Sun-Earth connection 
                        through the development and operation 
                        of research satellites and other means;
                          (iii) support of university research 
                        in space science, earth science, and 
                        microgravity science; and
                          (iv) research on microgravity, 
                        including research that is not directly 
                        related to human exploration.
          (2) Consultation and coordination.--In carrying out 
        the programs of NASA, the Administrator shall--
                  (A) consult and coordinate to the extent 
                appropriate with other relevant Federal 
                agencies, including through the National 
                Science and Technology Council;
                  (B) work closely with the private sector, 
                including by--
                          (i) encouraging the work of 
                        entrepreneurs who are seeking to 
                        develop new means to launch satellites, 
                        crew, or cargo;
                          (ii) contracting with the private 
                        sector for crew and cargo services, 
                        including to the International Space 
                        Station, to the extent practicable;
                          (iii) using commercially available 
                        products (including software) and 
                        services to the extent practicable to 
                        support all NASA activities; and
                          (iv) encouraging commercial use and 
                        development of space to the greatest 
                        extent practicable; and
                  (C) involve other nations to the extent 
                appropriate.
  (b) Vision for Space Exploration.--
          (1) In general.--The Administrator shall establish a 
        program to develop a sustained human presence on the 
        Moon, including a robust precursor program, to promote 
        exploration, science, commerce, and United States 
        preeminence in space, and as a stepping-stone to future 
        exploration of Mars and other destinations. The 
        Administrator is further authorized to develop and 
        conduct appropriate international collaborations in 
        pursuit of these goals.
          (2) Milestones.--The Administrator shall manage human 
        space flight programs to strive to achieve the 
        following milestones (in conformity with section 503)--
                  (A) Returning Americans to the Moon no later 
                than 2020.
                  (B) Launching the Crew Exploration Vehicle as 
                close to 2010 as possible.
                  (C) Increasing knowledge of the impacts of 
                long duration stays in space on the human body 
                using the most appropriate facilities 
                available, including the ISS.
                  (D) Enabling humans to land on and return 
                from Mars and other destinations on a timetable 
                that is technically and fiscally possible.
  (c) Aeronautics.--
          (1) In general.--The President of the United States, 
        through an official the President shall designate, and 
        in consultation with appropriate Federal agencies, 
        shall develop a national policy to guide the 
        aeronautics research and development programs of the 
        United States through 2020. The policy shall include 
        national goals for aeronautics research and development 
        and shall describe the role and responsibilities of 
        each Federal agency that will carry out the policy. The 
        development of the policy shall utilize external 
        studies that have been conducted on the state of United 
        States aeronautics and aviation research and 
        development and have suggested policies to ensure 
        continued competitiveness.
          (2) Content.--
                  (A) At a minimum, the national aeronautics 
                research and development policy shall describe 
                for NASA--
                          (i) the priority areas of research 
                        for aeronautics through fiscal year 
                        2011;
                          (ii) the basis on which and the 
                        process by which priorities for ensuing 
                        fiscal years will be selected;
                          (iii) the facilities and personnel 
                        needed to carry out the aeronautics 
                        program through fiscal year 2011; and
                          (iv) the budget assumptions on which 
                        the policy is based, which for fiscal 
                        years 2007 and 2008 shall be the 
                        authorized level for aeronautics 
                        provided in title II of this Act.
                  (B) The policy shall be based on the premises 
                that--
                          (i) the Federal Government has an 
                        established interest in conducting 
                        research and development programs for 
                        improving the usefulness, performance, 
                        speed, safety, and efficiency of 
                        aeronautical vehicles, as described in 
                        section 102(d)(2) of the National 
                        Aeronautics and Space Act of 1958 (42 
                        U.S.C. 2451(d)(2)); and
                          (ii) the Federal Government has an 
                        established interest in conducting 
                        research and development programs that 
                        help preserve the role of the United 
                        States as a global leader in 
                        aeronautical technologies and in their 
                        application, as described in section 
                        102(d)(5) of the National Aeronautics 
                        and Space Act of 1958 (42 U.S.C. 
                        2451(d)(5)).
          (3) Considerations.--In developing the national 
        aeronautics research and development policy, the 
        President shall consider the following issues, which 
        shall be discussed in the transmittal under paragraph 
        (5):
                  (A) The extent to which NASA should focus on 
                long-term, high-risk research or more 
                incremental research, and the expected impact 
                of that decision on the United States economy, 
                and the ability to achieve environmental and 
                other public goals related to aeronautics.
                  (B) The extent to which NASA should address 
                military and commercial needs.
                  (C) How NASA will coordinate its aeronautics 
                program with other Federal agencies.
                  (D) The extent to which NASA will conduct 
                research in-house, fund university research, 
                and collaborate on industry research, and the 
                expected impact of that mix of funding on the 
                supply of United States workers for the 
                aeronautics industry.
                  (E) The extent to which the priority areas of 
                research listed pursuant to paragraph (2)(A) 
                should include the activities authorized by 
                title IV of this Act, the discussion of which 
                shall include a priority ranking of all of the 
                activities authorized in title IV and an 
                explanation for that ranking.
          (4) Consultation.--In the development of the national 
        aeronautics research and development policy, the 
        President shall consult widely with academic and 
        industry experts and with other Federal agencies. The 
        Administrator may enter into an arrangement with the 
        National Academy of Sciences to help develop the 
        policy.
          (5) Schedule.--
                  (A) Not later than 1 year after the date of 
                enactment of this Act, the President shall 
                transmit the national aeronautics research and 
                development policy to the Committee on 
                Appropriations of the House of Representatives, 
                the Committee on Appropriations of the Senate, 
                the Committee on Science of the House of 
                Representatives, and the Committee on Commerce, 
                Science, and Transportation of the Senate.
                  (B) Not later than 60 days after the 
                transmittal of the policy under subparagraph 
                (A), the Administrator shall transmit to the 
                Committee on Appropriations of the House of 
                Representatives, the Committee on 
                Appropriations of the Senate, the Committee on 
                Science of the House of Representatives, and 
                the Committee on Commerce, Science, and 
                Transportation of the Senate a report 
                describing how NASA will carry out the policy.
                  (C) At the time the President's fiscal year 
                2007 budget is transmitted to the Congress, the 
                Administrator shall transmit to the Committee 
                on Appropriations of the House of 
                Representatives, the Committee on 
                Appropriations of the Senate, the Committee on 
                Science of the House of Representatives, and 
                the Committee on Commerce, Science, and 
                Transportation of the Senate a report on the 
                proposed NASA aeronautics budget describing--
                          (i) the rationale for the budget 
                        levels and activities in the proposed 
                        fiscal year 2007 NASA aeronautics 
                        budget;
                          (ii) the extent to which the program 
                        directions proposed for fiscal year 
                        2007 are likely to be consistent with 
                        the national policy being prepared 
                        under this section; and
                          (iii) the extent to which the 
                        proposed programs for fiscal year 2007 
                        are consistent with past reports and 
                        current studies of the National Academy 
                        of Sciences, and other relevant reports 
                        and studies.
  (d) Science.--
          (1) In general.--The Administrator shall develop a 
        plan to guide the science programs of NASA through 
        2016.
          (2) Content.--At a minimum, the plan developed under 
        paragraph (1) shall be designed to ensure that NASA has 
        a rich and vigorous set of science activities, and 
        shall describe--
                  (A) the missions NASA will initiate, design, 
                develop, launch, or operate in space science 
                and earth science through fiscal year 2016, 
                including launch dates;
                  (B) a priority ranking of all of the missions 
                listed under subparagraph (A), and the 
                rationale for the ranking; [and]
                  (C) the budget assumptions on which the 
                policy is based, which for fiscal years 2007 
                and 2008 shall be consistent with the 
                authorizations provided in title II of this 
                [Act.] Act; and
                  (D) the number and content of science 
                activities which are undertaken in support of 
                science missions described in subparagraph (A), 
                and the number and content of science 
                activities which may be considered as 
                fundamental, or basic research, whether 
                incorporated within specific missions or 
                conducted independently of any specific 
                mission.
          (3) Considerations.--In developing the science plan 
        under this subsection, the Administrator shall consider 
        the following issues, which shall be discussed in the 
        transmittal under paragraph (6):
                  (A) What the most important scientific 
                questions in space science and earth science 
                are.
                  (B) How to best benefit from the relationship 
                between NASA's space and earth science 
                activities and those of other Federal agencies.
                  (C) Whether the Magnetospheric Multiscale 
                Mission, SIM-Planet Quest, and missions under 
                the Future Explorers Programs can be expedited 
                to meet previous schedules.
                  (D) Whether any NASA Earth observing missions 
                that have been delayed or cancelled can be 
                restored.
                  (E) How to ensure the long-term vitality of 
                Earth observation programs at NASA, including 
                their satellite, science, and data system 
                components.
                  (F) Whether current and currently planned 
                Earth observation missions should be 
                supplemented or replaced with new satellite 
                architectures and instruments that enable 
                global coverage, and all-weather, day and night 
                imaging of the Earth's surface features.
                  (G) How to integrate NASA earth science 
                missions with the Global Earth Observing System 
                of Systems.
                  (H) How NASA science activities can best be 
                structured to ensure that basic and fundamental 
                research can be effectively maintained and 
                coordinated in response to national goals in 
                competitiveness and innovation, and in 
                contributing to national scientific, 
                technology, engineering and mathematics 
                leadership.
          (4) Consultation.--In developing the plan under this 
        subsection, the Administrator shall draw on decadal 
        surveys and other reports in planetary science, 
        astronomy, solar and space physics, earth science, and 
        any other relevant fields developed by the National 
        Academy of Sciences. The Administrator shall also 
        consult widely with academic and industry experts and 
        with other Federal agencies.
          (5) Hubble Space Telescope.--The plan developed under 
        this subsection shall address plans for a human mission 
        to repair the Hubble Space Telescope consistent with 
        section 302 of this Act.
          (6) Schedule.--The Administrator shall transmit the 
        plan developed under this subsection to the Committee 
        on Science of the House of Representatives and the 
        Committee on Commerce, Science, and Transportation of 
        the Senate not later than 1 year after the date of 
        enactment of this Act. The Administrator shall make 
        available to those committees any study done by a 
        nongovernmental entity that was used in the development 
        of the plan.
  (e) Facilities.--
          (1) In general.--The Administrator shall develop a 
        plan for managing NASA's facilities through fiscal year 
        2015. The plan shall be consistent with the policies 
        and plans developed pursuant to this section.
          (2) Content.--At a minimum, the plan developed under 
        paragraph (1) shall describe--
                  (A) any new facilities NASA intends to 
                acquire, whether through construction, 
                purchase, or lease, and the expected dates for 
                doing so;
                  (B) any facilities NASA intends to 
                significantly modify, refurbish, or upgrade, 
                and the expected dates for doing so;
                  (C) any facilities NASA intends to close, and 
                the expected dates for doing so;
                  (D) any transactions NASA intends to conduct 
                to sell, lease, or otherwise transfer the 
                ownership of a facility, and the expected dates 
                for doing so;
                  (E) how each of the actions described in 
                subparagraphs (A), (B), (C), and (D) will 
                enhance the ability of NASA to carry out its 
                programs;
                  (F) the expected costs or savings expected 
                from each of the actions described in 
                subparagraphs (A), (B), (C), and (D);
                  (G) the priority order of the actions 
                described in subparagraphs (A), (B), (C), and 
                (D);
                  (H) the budget assumptions of the plan, which 
                for fiscal years 2007 and 2008 shall be 
                consistent with the authorizations provided in 
                title II of this Act, including the funding 
                levels for maintenance and repairs; and
                  (I) how facilities were evaluated in 
                developing the plan.
          (3) Schedule.--The Administrator shall transmit the 
        plan developed under this subsection to the Committee 
        on Science of the House of Representatives and the 
        Committee on Commerce, Science, and Transportation of 
        the Senate not later than the date on which the 
        President submits the proposed budget for the Federal 
        Government for fiscal year 2008 to the Congress.
  (f) Workforce.--
          (1) In general.--The Administrator shall develop a 
        human capital strategy to ensure that NASA has a 
        workforce of the appropriate size and with the 
        appropriate skills to carry out the programs of NASA, 
        consistent with the policies and plans developed 
        pursuant to this section. Under the strategy, NASA 
        shall utilize current personnel, to the maximum extent 
        feasible, in implementing the vision for space 
        exploration and NASA's other programs. The strategy 
        shall cover the period through fiscal year 2011.
          (2) Content.--The strategy developed under paragraph 
        (1) shall describe, at a minimum--
                  (A) any categories of employees NASA intends 
                to reduce, the expected size and timing of 
                those reductions, the methods NASA intends to 
                use to make the reductions, and the reasons 
                NASA no longer needs those employees;
                  (B) any categories of employees NASA intends 
                to increase, the expected size and timing of 
                those increases, the methods NASA intends to 
                use to recruit the additional employees, and 
                the reasons NASA needs those employees;
                  (C) the steps NASA will use to retain needed 
                employees; and
                  (D) the budget assumptions of the strategy, 
                which for fiscal years 2007 and 2008 shall be 
                consistent with the authorizations provided in 
                title II of this Act, and any expected 
                additional costs or savings from the strategy 
                by fiscal year.
          (3) Schedule.--The Administrator shall transmit the 
        strategy developed under this subsection to the 
        Committee on Science of the House of Representatives 
        and the Committee on Commerce, Science, and 
        Transportation of the Senate not later than 60 days 
        after the date on which the President submits the 
        proposed budget for the Federal Government for fiscal 
        year 2007 to the Congress. At least 60 days before 
        transmitting the strategy, NASA shall provide a draft 
        of the strategy to its Federal employee unions for a 
        30-day consultation period after which NASA shall 
        respond in writing to any written concerns provided by 
        the unions.
          (4) Limitation.--NASA may not implement any Reduction 
        in Force or other involuntary separations (except for 
        cause) prior to March 16, 2007.
  (g) Center Management.--
          (1) In general.--The Administrator shall conduct a 
        study to determine whether any of NASA's centers should 
        be operated by or with the private sector by converting 
        a center to a Federally Funded Research and Development 
        Center or through any other mechanism.
          (2) Content.--The study conducted under paragraph (1) 
        shall, at a minimum--
                  (A) make a recommendation for the operation 
                of each center and provide reasons for that 
                recommendation; and
                  (B) describe the advantages and disadvantages 
                of each mode of operation considered in the 
                study.
          (3) Considerations.--In conducting the study, the 
        Administrator shall take into consideration the 
        experiences of other relevant Federal agencies in 
        operating laboratories and centers, and any reports 
        that have reviewed the mode of operation of those 
        laboratories and centers, as well as any reports that 
        have reviewed NASA's centers.
          (4) Schedule.--The Administrator shall transmit the 
        study conducted under this subsection to the Committee 
        on Science of the House of Representatives and the 
        Committee on Commerce, Science, and Transportation of 
        the Senate not later than May 31, 2006.
  (h) Budgets.--
          (1) Categories.--The proposed budget for NASA 
        submitted by the President for each fiscal year shall 
        be accompanied by documents showing--
                  (A) by program--
                          (i) the budget for space operations, 
                        including the ISS and the Space 
                        Shuttle;
                          (ii) the budget for exploration 
                        systems;
                          (iii) the budget for aeronautics;
                          (iv) the budget for space science;
                          (v) the budget for earth science;
                          (vi) the budget for microgravity 
                        science;
                          (vii) the budget for education;
                          (viii) the budget for safety 
                        oversight; and
                          (ix) the budget for public relations;
                  (B) the budget for technology transfer 
                programs;
                  (C) the budget for the Integrated Enterprise 
                Management Program, by individual element;
                  (D) the budget for the Independent Technical 
                Authority, both total and by center;
                  (E) the total budget for the prize program 
                under section 104, and the administrative 
                budget for that program; and
                  (F) the comparable figures for at least the 2 
                previous fiscal years for each item in the 
                proposed budget.
          (2) Sense of Congress regarding evaluation criteria 
        for budget requests.--It is the sense of the Congress 
        that each budget of the United States submitted to the 
        Congress after the date of enactment of this Act should 
        be evaluated for compliance with the findings and 
        priorities established by this Act and the amendments 
        made by this Act.
  (i) Additional Budget Information.--NASA shall make 
available, upon request from the Committee on Science of the 
House of Representatives or the Committee on Commerce, Science, 
and Transportation of the Senate--
          (1) information on corporate and center general and 
        administrative costs and service pool costs, 
        including--
                  (A) the total amount of funds being allocated 
                for those purposes for any fiscal year for 
                which the President has submitted an annual 
                budget request to Congress;
                  (B) the amount of funds being allocated for 
                those purposes for each center, for 
                headquarters, and for each directorate; and
                  (C) the major activities included in each 
                cost category; and
          (2) the figures on the amount of unobligated funds 
        and unexpended funds, by appropriations account--
                  (A) that remained at the end of the fiscal 
                year prior to the fiscal year in which the 
                budget is being presented that were carried 
                over into the fiscal year in which the budget 
                is being presented;
                  (B) that are estimated will remain at the end 
                of the fiscal year in which the budget is being 
                presented that are proposed to be carried over 
                into the fiscal year for which the budget is 
                being presented; and
                  (C) that are estimated will remain at the end 
                of the fiscal year for which the budget is 
                being presented.
  (j) NASA Aeronautics Test Facilities and Simulators.--
          (1) Review.--The Director of the Office of Science 
        and Technology Policy shall commission an independent 
        review of the Nation's long-term strategic needs for 
        aeronautics test facilities and shall submit the review 
        to the Committee on Science of the House of 
        Representatives and the Committee on Commerce, Science, 
        and Transportation of the Senate. The review shall 
        include an evaluation of the facility needs described 
        pursuant to subsection (c)(2)(A)(iii). The review shall 
        take into consideration the results of the study 
        conducted pursuant to the instructions on page 582 of 
        the conference report (H. Rept. 108-767) to accompany 
        the Ronald W. Reagan National Defense Authorization Act 
        for Fiscal Year 2005 ( P.L. 108-375).
          (2) Limitation.--The Administrator shall not close or 
        mothball any aeronautics test facilities identified in 
        the 2003 independent assessment by the RAND Corporation 
        titled ``Wind Tunnel and Propulsion Test Facilities: An 
        Assessment of NASA's Capabilities to Serve National 
        Needs'' as being part of the minimum set of those 
        facilities necessary to retain and manage to serve 
        national needs, or any aeronautics simulators, that 
        were in use as of January 1, 2004, with the exception 
        of the already closed 16-foot transonic tunnel, until--
                  (A) the review conducted under paragraph (1) 
                has been transmitted to the Congress; and
                  (B) 60 days after the Administrator has 
                transmitted to the Committee on Appropriations 
                and the Committee on Science of the House of 
                Representatives and the Committee on 
                Appropriations and the Committee on Commerce, 
                Science, and Transportation of the Senate a 
                written certification that the proposed closure 
                will not have an adverse impact on NASA's 
                ability to execute the national policy 
                developed under subsection (c) and to achieve 
                the goals described in that policy.Subparagraph 
                (B) shall cease to be effective five years 
                after the date the study required by this 
                section has been transmitted to the Congress.

         NATIONAL SCIENCE FOUNDATION AUTHORIZATION ACT OF 2002

SEC. 8. SPECIFIC PROGRAM AUTHORIZATIONS.

                            [116 Stat. 3042]

  From amounts authorized to be appropriated under section 5, 
the Director shall carry out the Foundation's research and 
education programs, including the following initiatives in 
accordance with this section:
          (1) Information technology.--An information 
        technology research program to support competitive, 
        merit-reviewed proposals for research, education, and 
        infrastructure support in areas related to 
        cybersecurity, terascale computing systems, software, 
        networking, scalability, communications, data 
        management, and remote sensing and geospatial 
        information technologies.
          (2) Nanoscale science and engineering.--A nanoscale 
        science and engineering research and education program 
        to support competitive, merit-reviewed proposals that 
        emphasize--
                  (A) research aimed at discovering novel 
                phenomena, processes, materials, and tools that 
                address grand challenges in materials, 
                electronics, optoelectronics and magnetics, 
                manufacturing, the environment, and health 
                care; and
                  (B) supporting new research and 
                interdisciplinary centers and networks of 
                excellence, including shared national user 
                facilities, infrastructure, research, and 
                education activities on the societal 
                implications of advances in nanoscale science 
                and engineering.
          (3) Plant genome research.--
                  (A) A plant genome research program to 
                support competitive, merit-reviewed proposals--
                          (i) that advance the understanding of 
                        the structure, organization, and 
                        function of plant genomes; and
                          (ii) that accelerate the use of new 
                        knowledge and innovative technologies 
                        toward a more complete understanding of 
                        basic biological processes in plants, 
                        especially in economically important 
                        plants such as corn and soybeans.
                  (B) Regional plant genome and gene expression 
                research centers to conduct research and 
                dissemination activities that may include--
                          (i) basic plant genomics research and 
                        genomics applications, including those 
                        related to cultivation of crops in 
                        extreme environments and to cultivation 
                        of crops with reduced reliance on 
                        fertilizer, herbicides, and pesticides;
                          (ii) basic research that will 
                        contribute to the development or use of 
                        innovative plant-derived products;
                          (iii) basic research on alternative 
                        uses for plants and plant materials, 
                        including the use of plants as 
                        renewable feedstock for alternative 
                        energy production and nonpetroleum-
                        based industrial chemicals and 
                        precursors; and
                          (iv) basic research and dissemination 
                        of information on the ecological and 
                        other consequences of genetically 
                        engineered plants.
Competitive, merit-based awards for centers under this 
subparagraph shall be to consortia of institutions of higher 
education or nonprofit organizations. The Director shall, to 
the extent practicable, ensure that research centers 
established under this subparagraph collectively examine as 
many different agricultural environments as possible, enhance 
the excellence of existing Foundation programs, and focus on 
plants of economic importance.
                  (C) Research partnerships to focus on--
                          (i) basic genomic research on crops 
                        grown in the developing world;
                          (ii) basic plant genome research that 
                        will advance and expedite the 
                        development of improved cultivars, 
                        including those that are pest-
                        resistant, produce increased yield, 
                        reduce the need for fertilizers, 
                        herbicides, or pesticides, or have 
                        increased tolerance to stress;
                          (iii) basic research that could lead 
                        to the development of technologies to 
                        produce pharmaceutical compounds such 
                        as vaccines and medications in plants 
                        that can be grown in the developing 
                        world; and
                          (iv) research on the impact of plant 
                        biotechnology on the social, political, 
                        economic, health, and environmental 
                        conditions in countries in the 
                        developing world.
Competitive, merit-based awards for partnerships under this 
subparagraph shall be to institutions of higher education, 
nonprofit organizations, or consortia of such entities that 
enter into a partnership that shall include one or more 
research institutions in one or more developing nations, and 
that may also include for-profit companies involved in plant 
biotechnology. The Director, by means of outreach, shall 
encourage inclusion of historically Black colleges and 
universities, Hispanic-serving institutions, tribally 
controlled colleges and universities, Alaska Native-serving 
institutions, and Native Hawaiian-serving institutions in 
consortia that enter into such partnerships.
          (4) Innovation partnerships.--An innovation 
        partnerships program to support competitive, merit-
        reviewed proposals that seek to stimulate innovation at 
        the regional level through new partnerships involving 
        States, regional governmental entities, local 
        governmental entities, industry, academic institutions, 
        and other related organizations in strategically 
        important fields of science and technology.
          (5) Mathematics and science education partnerships.--
        The mathematics and science education partnerships 
        program described in section 9.
          (6) Robert noyce scholarship program.--The Robert 
        Noyce Scholarship Program described in section 10.
          (7) Science, mathematics, engineering, and technology 
        talent expansion program.--
                  (A) A program of competitive, merit-based, 
                multi-year grants for eligible applicants to 
                increase the number of students studying toward 
                and completing associate's or bachelor's 
                degrees in science, mathematics, engineering, 
                and technology, particularly in fields that 
                have faced declining enrollment in recent 
                years.
                  (B) In selecting projects under this 
                paragraph, the Director shall strive to 
                increase the number of students studying toward 
                and completing baccalaureate degrees, 
                concentrations, or certificates in science, 
                mathematics, engineering, or technology who are 
                individuals identified in section 33 or 34 of 
                the Science and Engineering Equal Opportunities 
                Act (42 U.S.C. 1885a or 1885b).
                  (C) The types of projects the Foundation may 
                support under this paragraph include those that 
                promote high quality--
                          (i) interdisciplinary teaching;
                          (ii) undergraduate-conducted 
                        research;
                          (iii) mentor relationships for 
                        students;
                          (iv) bridge programs that enable 
                        students at community colleges to 
                        matriculate directly into baccalaureate 
                        science, mathematics, engineering, or 
                        technology programs;
                          (v) internships carried out in 
                        partnership with industry; [and]
                          (vi) innovative uses of digital 
                        technologies, particularly at 
                        institutions of higher education that 
                        serve high numbers or percentages of 
                        economically disadvantaged [students.] 
                        students; and
                          (vii) outreach programs that provide 
                        middle and secondary school students 
                        and their science and math teachers 
                        opportunities to increase their 
                        exposure to engineering and technology.
                  (D)(i) In order to receive a grant under this 
                paragraph, an eligible applicant shall 
                establish targets to increase the number of 
                students studying toward and completing 
                associate's or bachelor's degrees in science, 
                mathematics, engineering, or technology.
                          (ii) A grant under this paragraph 
                        shall be awarded for a period of 5 
                        years, with the final 2 years of 
                        funding contingent on the Director's 
                        determination that satisfactory 
                        progress has been made by the grantee 
                        toward meeting the targets established 
                        under clause (i).
                          (iii) In the case of community 
                        colleges, a student who transfers to a 
                        baccalaureate program, or receives a 
                        certificate under an established 
                        certificate program, in science, 
                        mathematics, engineering, or technology 
                        shall be counted toward meeting a 
                        target established under clause (i).
                  (E) For each grant awarded under this 
                paragraph to an institution of higher 
                education, at least 1 principal investigator 
                shall be in a position of administrative 
                leadership at the institution of higher 
                education, and at least 1 principal 
                investigator shall be a faculty member from an 
                academic department included in the work of the 
                project. For each grant awarded to a consortium 
                or partnership, at each institution of higher 
                education participating in the consortium or 
                partnership, at least 1 of the individuals 
                responsible for carrying out activities 
                authorized under this paragraph at that 
                institution shall be in a position of 
                administrative leadership at the institution, 
                and at least 1 shall be a faculty member from 
                an academic department included in the work of 
                the project at that institution.
                  (F) In this paragraph, the term ``eligible 
                applicant'' means--
                          (i) an institution of higher 
                        education;
                          (ii) a consortium of institutions of 
                        higher education; or
                          (iii) a partnership between--
                                  (I) an institution of higher 
                                education or a consortium of 
                                such institutions; and
                                  (II) a nonprofit 
                                organization, a State or local 
                                government, or a private 
                                company, with demonstrated 
                                experience and effectiveness in 
                                science, mathematics, 
                                engineering, or technology 
                                education.
          (8) Secondary school systemic initiative.--A program 
        of competitive, merit-based grants for State 
        educational agencies or local educational agencies that 
        supports the planning and implementation of agency-wide 
        secondary school reform initiatives designed to promote 
        scientific and technological literacy, meet the 
        mathematics and science education needs of students at 
        risk of not achieving State student academic 
        achievement standards, reduce the need for basic skill 
        training by employers, and heighten college completion 
        rates through activities, such as--
                  (A) systemic alignment of secondary school 
                curricula and higher education freshman 
                placement requirements;
                  (B) development of materials and curricula 
                that support small, theme-oriented schools and 
                learning communities;
                  (C) implementation of enriched mathematics 
                and science curricula for all secondary school 
                students;
                  (D) strengthened teacher training in 
                mathematics, science, and reading as it relates 
                to technical and specialized texts;
                  (E) laboratory improvement and provision of 
                instrumentation as part of a comprehensive 
                program to enhance the quality of mathematics, 
                science, engineering, and technology 
                instruction; or
                  (F) other secondary school systemic 
                initiatives that enable grantees to leverage 
                private sector funding for mathematics, 
                science, engineering, and technology 
                scholarships.
  In awarding grants under this paragraph, the Director shall 
give priority to agencies that serve high poverty communities.
          (9) Experimental program to stimulate competitive 
        research.--The Experimental Program to Stimulate 
        Competitive Research, established under section 113 of 
        the National Science Foundation Authorization Act of 
        1988 (42 U.S.C. 1862g), that is designed to enhance--
                  (A) research in mathematics, science, and 
                engineering throughout the States eligible to 
                participate in the program and the Commonwealth 
                of Puerto Rico;
                  (B) research infrastructure in the States 
                eligible to participate in the program and the 
                Commonwealth of Puerto Rico; and
                  (C) the geographic distribution of Federal 
                research and development support.
          (10) The science and engineering equal opportunities 
        act.--A comprehensive program designed to advance the 
        goals of the Science and Engineering Equal 
        Opportunities Act (42 U.S.C. 1885 et seq.), including 
        programs to--
                  (A) provide support to minority-serving 
                institutions; and
                  (B) ensure that reports required under 
                sections 36 and 37 of such Act are submitted to 
                the--
                          (i) Committee on Science of the House 
                        of Representatives;
                          (ii) Committee on Health, Education, 
                        Labor, and Pensions of the Senate; and
                          (iii) Committee on Commerce, Science, 
                        and Transportation of the Senate.
          (11) Astronomical research and instrumentation.--An 
        astronomical research program to support competitive, 
        merit-reviewed proposals that--
                  (A) will advance understanding of--
                          (i) the origins and characteristics 
                        of planets, the Sun, other stars, the 
                        Milky Way Galaxy, and extragalactic 
                        objects (such as clusters of galaxies 
                        and quasars); and
                          (ii) the structure and origin of the 
                        universe; and
                  (B) support related activities such as 
                developing advanced technologies and 
                instrumentation, funding undergraduate and 
                graduate students, and satisfying other 
                instrumentation and research needs.

                                  
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