[Senate Report 114-389]
[From the U.S. Government Publishing Office]
Calendar No. 695
114th Congress } { Report
SENATE
2d Session } { 114-389
_______________________________________________________________________
AMERICAN INNOVATION AND COMPETITIVENESS ACT
__________
R E P O R T
of the
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
on
S. 3084
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
December 1, 2016.--Ordered to be printed
______
U.S. GOVERNMENT PUBLISHING OFFICE
69-010 WASHINGTON : 2016
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred fourteenth congress
second session
JOHN THUNE, South Dakota, Chairman
ROGER F. WICKER, Mississippi BILL NELSON, Florida
ROY BLUNT, Missouri MARIA CANTWELL, Washington
MARCO RUBIO, Florida CLAIRE McCASKILL, Missouri
KELLY AYOTTE, New Hampshire AMY KLOBUCHAR, Minnesota
TED CRUZ, Texas RICHARD BLUMENTHAL, Connecticut
DEB FISCHER, Nebraska BRIAN SCHATZ, Hawaii
JERRY MORAN, Kansas ED MARKEY, Massachusetts
DAN SULLIVAN, Alaska CORY BOOKER, New Jersey
RON JOHNSON, Wisconsin TOM UDALL, New Mexico
DEAN HELLER, Nevada JOE MANCHIN, West Virginia
CORY GARDNER, Colorado GARY PETERS, Michigan
STEVE DAINES, Montana
Nick Rossi, Staff Director
Adrian Arnakis, Deputy Staff Director
Jason Van Beek, General Counsel
Kim Lipsky, Democratic Staff Director
Christopher Day, Democratic Deputy Staff Director
Clint Odom, Democratic General Counsel
Calendar No. 695
114th Congress } { Report
SENATE
2d Session } { 114-389
======================================================================
AMERICAN INNOVATION AND COMPETITIVENESS ACT
_______
December 1, 2016.--Ordered to be printed
_______
Mr. Thune, from the Committee on Commerce, Science, and Transportation,
submitted the following
R E P O R T
[To accompany S. 3084]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill (S. 3084) to invest in innovation
through research and development, and to improve the
competitiveness of the United States, having considered the
same, reports favorably thereon with an amendment (in the
nature of a substitute) and recommends that the bill (as
amended) do pass.
Purpose of the Bill
The purpose of S. 3084 is to maximize the impact of basic
research by reducing administrative burdens for researchers,
advancing public-private partnerships, and enhancing agency
oversight, and to promote science, technology, engineering, and
math (STEM) education and increase research commercialization.
Background and Needs
The United States is by far the largest investor in public
and private research and development (R&D) among individual
countries. Among individual countries in 2013, the United
States was by far the largest investor in public and private
R&D with $457 billion in purchasing power parity (27 percent of
the global total), followed closely by China with $337 billion
(20 percent), and Japan with $160 billion (10 percent).\1\ Of
that U.S. total, 61 percent was funded by the business
sector.\2\
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\1\National Science Board (NSB), NSB-2016-1, Science and
Engineering Indicators 2016 at O-16, January 2016, at http://
www.nsf.gov/statistics/2016/nsb20161/#/report/overview/science-and-
technology-in-the-world-economy.
\2\Ibid at O-18.
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Federal research activities represented 47 percent of the
$130 billion in total government-funded R&D in 2014, while
development represented 53 percent.\3\ Of that Federal research
total, basic and applied research each comprised 50 percent in
2014.\4\ Specifically, National Science Foundation (NSF)
research represented 8.6 percent of all Federal research, while
the NSF's basic research total represented 15 percent of all
Federal basic research.\5\ U.S. businesses by far outpaced
government investments in R&D, spending $323 billion on
domestic R&D in 2013, 82 percent of which was paid for from
companies' own funds.\6\
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\3\National Science Foundation, National Center for Science and
Engineering Studies, NSF-16-311, Federal Funding for Research Increases
by 6% in FY2014 at 1, April 2016, at http://www.nsf.gov/statistics/
2016/nsf16311/nsf16311.pdf.
\4\Ibid.
\5\Ibid at 2.
\6\National Science Foundation, National Center for Science and
Engineering Studies, NSF-15-329, Business R D Performance in the United
States Increases over 6% in 2013 at 1, August 2015, at http://
www.nsf.gov/statistics/2015/nsf15329/nsf15329.pdf.
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Despite growth in nominal measures of U.S. R&D, the U.S.
share of global R&D, however, has experienced a substantial
decline in recent years. Increases in Chinese R&D expenditures
between 2001 and 2013 cut into the U.S. share. As China's share
rose from 2.2 percent to 20 percent, the U.S. share declined
from 37 percent to 27 percent of the global total during the
same period.\7\ So even with rising total R&D expenditures in
the United States, increases in foreign countries' R&D efforts
underscore the need to maximize investments to boost U.S.
competitiveness.
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\7\National Science Board, NSB-2014-01, Science and Engineering
Indicators 2014 at O-5, January 2014, at https://www.nsf.gov/
statistics/seind14/content/etc/nsb1401.pdf.
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Beyond the overall investment figures, key policy issues
and challenges present barriers to capitalizing on R&D
expenditures. For instance, some observers have described a
``valley of death'' between basic research conducted at U.S.
universities and the commercialization activities typically
carried out by industry, since universities generally do not
have the means of production necessary to take the results of
initial research and generate marketable products. Many have
argued that closer cooperation among industry, government, and
academia could increase technology transfer, stimulate
innovation, lead to new products and processes, and expand
markets.\8\
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\8\Congressional Research Service Report, RL32076, The Bayh-Dole
Act: Selected Issues in Patent Policy and the Commercialization of
Technology, at 13, December 2012.
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In the area of STEM education, recent surveys and studies
have shown that U.S. students are lagging behind students in
other countries and not keeping pace with domestic industry
demand in professional STEM fields. In 2015, only 38 percent of
high school graduates were prepared for college coursework in
science and only 42 percent were ready for college-level
math.\9\ In 2012, the United States ranked 21st in science and
26th in math scores among 34 other countries.\10\
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\9\ACT, The Condition of College Career Readiness 2015, at http://
www.act.org/content/dam/act/unsecured/documents/Condition-of-College-
and-Career-Readiness-Report-2015-United-States.pdf.
\10\Organisation for Economic Co-operation and Development,
Programme for International Student Assessment 2012, at http://
www.oecd.org/pisa/keyfindings/PISA-2012-results-US.pdf.
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Yet the need for U.S. workers with STEM skills is
heightened in today's global economy, and is projected to
increase in the future. Overall, employment in STEM fields is
projected to grow about 13 percent between 2012 and 2022,
compared to the 11 percent rate of growth projected for all
occupations over the decade.\11\ Certain U.S. business sectors
are particularly in need of an increased supply of qualified
STEM workers: more than 200,000 job openings for software
developers and applications are projected between 2012 and
2022,\12\ and private sector STEM worker shortages currently
exist in software development, as well as mobile application,
data science, and manufacturing production.\13\
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\11\Bureau of Labor Statistics, Occupational Outlook Quarterly,
STEM 101: Intro to Tomorrow's Jobs, at 6, 2014, at http://www.bls.gov/
careeroutlook/2014/spring/art01.pdf.
\12\Ibid.
\13\Bureau of Labor Statistics, Monthly Labor Review, STEM Crisis
or STEM Surplus? Yes and Yes, May 2015, at http://www.bls.gov/opub/mlr/
2015/article/stem-crisis-or-stem-surplus-yes-and-yes.htm#_edn8.
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Given the substantial role R&D plays in the United States
and global economy, Chairman Thune and Ranking Member Nelson
established an Innovation and Competitiveness Working Group
(Working Group) of the Committee, led by Senators Gardner and
Peters, to develop and update Federal science and technology
R&D and STEM education policies last authorized in the America
COMPETES Reauthorization Act of 2010 (Public Law 111-358; 124
Stat. 3982). The Working Group was tasked with developing
bipartisan, consensus policy solutions that, even in times of
modest growth in funding, could maximize the Federal investment
in basic research, foster commercialization and tech transfer,
and broaden participation in STEM fields. The Working Group
convened a series of bipartisan roundtables to gather input
from the U.S. science and research community. Members of the
public and interested groups submitted input on the topics via
email, and the Committee received over 250 emailed submissions.
Common themes that arose from the roundtables and during
development of the legislation included: support for continued
investment by the Federal Government in basic research, as well
as encouragement of wider participation in STEM subjects;
stronger partnerships among government, the private sector, and
academia that can better leverage discoveries emerging from
research universities to drive innovation; and minimized
barriers and improved incentives for universities and the
private sector to better maximize the scientific and economic
return on limited Federal research resources. S. 3084 draws on
the input received, related bills, and policy recommendations
made by entities such as the American Academy of Arts and
Sciences, the Information Technology and Innovation Foundation,
and the National Academy of Sciences.
Summary of Provisions
As amended, the bill would authorize appropriations for
fiscal years (FYs) 2017 and 2018 for the NSF and the National
Institute of Standards and Technology (NIST).
The bill would codify the NSF's efforts to improve
transparency and accountability of its grants, and would update
the NSF's Experimental Program to Stimulate Competitive
Research (EPSCoR). The bill also would direct NIST to conduct
cybersecurity research in certain areas, and update the
interagency Networking and Information Technology Research and
Development Program (NITRD Program). The bill also includes a
number of sections implementing Committee oversight
initiatives, including provisions which would direct the NSF to
implement recommendations to improve oversight of its large
scale research facilities construction, conflicts of interest
policy, and management of its Antarctic research program. It
would also direct NIST to implement recommendations to improve
laboratory programs and campus security.
The bill would establish an interagency working group led
by the Office of Management and Budget (OMB) and Office of
Science and Technology Policy (OSTP) to reduce administrative
burdens on federally-funded researchers, and would require OMB
and Federal agencies to update their policies to encourage
engagement and dissemination of research by Federal researchers
within the scientific community. The bill also would repeal a
number of obsolete Federal agency reports and previous
authorizations for programs and funding for programs that have
not been implemented.
The bill would update the NSF's Robert Noyce Teacher
Scholarship Program and require the National Aeronautics and
Space Administration (NASA) to cap administrative costs for its
Space Grant program. The bill also includes sections that would
establish a STEM Education advisory panel of outside experts to
inform decision-making on Federal STEM Education programs, and
update direction to the OSTP's existing Committee on STEM
Education. The bill also would authorize and expand NSF grants
to increase participation and expand STEM opportunities to
women and under-represented groups, as well as to research
computer science education, and would establish an NSF Center
of Excellence and an OSTP interagency working group to promote
inclusion in STEM fields.
The bill also would update and improve existing authority
for Federal agencies to conduct prize competitions, and would
build on this authority to allow agencies to utilize
crowdsourcing and citizen science approaches to facilitate the
agencies' missions. The bill would update NIST's Hollings
Manufacturing Extension Partnership (Hollings MEP) Program for
small and medium-sized businesses by adjusting the Federal cost
share requirement and requiring oversight improvements, and
would update the Department of Commerce's Federal loan
guarantee program for innovative technologies in manufacturing
by implementing a Government Accountability Office (GAO)
recommendation.
The bill would authorize and expand the NSF's Innovation
Corp program to promote entrepreneurship and innovation, and
authorize NSF commercialization grants to promote the
commercialization of federally-funded research results. The
bill also includes a sense of Congress regarding optics and
photonics research and technologies, and would update NIST's
authority to enter into transactions with the private sector
and NIST's advisory committee membership requirements.
Legislative History
On June 22, 2016, S. 3084, the American Innovation and
Competitiveness Act was introduced by Senators Gardner, Peters,
Thune, and Nelson, and was referred to the Committee on
Commerce, Science, and Transportation.
The Committee held a related hearing entitled ``Leveraging
the U.S. Science and Technology Enterprise'' on May 11, 2016,
and received testimony from: Dr. Kelvin Droegemeier, Former
Vice Chair, National Science Board and Vice President for
Research, University of Oklahoma; Dr. Jeannette Wing, Corporate
Vice President for Research, Microsoft and Member, Committee on
New Models for U.S. Science and Technology Policy, American
Academy of Arts and Sciences; Dr. Robert Atkinson, President,
Information Technology and Innovation Foundation; and Dr. David
Munson, Robert J. Vlasic Dean of Engineering, College of
Engineering, University of Michigan. The hearing had been
informed by three Working Group meetings in Washington D.C., in
addition to several meetings held by Senators Gardner and
Peters in their respective States.
A related bill, H.R. 1806, the America COMPETES
Reauthorization Act of 2015, passed in the House of
Representatives on May 20, 2015, by a vote of 217-205. H.R.
1806 was introduced by Representatives Smith (R-TX), Lucas (R-
OK), Comstock (R-VA), Weber (R-TX), Moolenaar (R-MI), Palazzo
(R-MS), Hultgren (R-IL), Knight (R-CA), Babin (R-TX), and
Loudermilk (R-GA) on April 15, 2015, and was reported out of
the Committee on Science, Space and Technology of the House of
Representatives on May 8, 2015.
On June 29, 2016, the Committee on Commerce, Science, and
Transportation of the Senate met in open Executive Session to
consider S. 3084 and ordered, by voice vote, that the bill be
reported favorably with an amendment (in the nature of a
substitute).
Senators Gardner and Peters filed a substitute amendment
adding authorizations of appropriations for FY 2017 and FY 2018
for the NSF and NIST to provide a 4 percent increase from FY
2017 to FY 2018. The substitute amendment also makes other
minor and technical changes to S. 3084.
The following first degree amendments also were adopted by
voice vote:
Senators Blumenthal and Klobuchar sponsored
a first degree amendment, as modified, to improve the
competitiveness of U.S. manufacturing by designating
and supporting manufacturing communities.
Senator Booker sponsored a first degree
amendment to update goals and metrics for the National
Oceanic and Atmospheric Administration's (NOAA) science
education programs.
Senator Cantwell sponsored a first degree
amendment, as modified, to require the NSF to review
participation in NSF activities of underrepresented
groups in STEM disciplines, and to make recommendations
to improve outreach and inclusion of these groups.
Senator Daines sponsored two first degree
amendments: one to provide opportunities for computer
science fellowships under the Robert Noyce Teacher
Scholarship Program and to provide grant opportunities
for mentoring programs in computer science; and
another, as modified, to require the NSF Inspector
General to audit the NSF's policies and procedures
governing pass-through entities with respect to grant
sub-recipients.
Senator Klobuchar sponsored three first
degree amendments: to provide for an increased micro-
purchase threshold for procurement solicitations by
research institutions; to require the NSF to give
consideration to recommendations from organizations
representing underrepresented groups in STEM fields
when selecting members of the STEM Education Advisory
Panel; and to allow for research to be conducted under
the NSF's Robert Noyce Teacher Scholarship Program to
better understand factors relevant to teacher retention
from underrepresented groups.
Senator Markey sponsored a first degree
amendment to authorize the NSF to award competitive,
merit-reviewed grants to support a national partnership
of institutions involved in informal STEM learning.
Senator Moran sponsored a first degree
amendment, as modified, to increase the authorization
of appropriations in FY 2017 and FY 2018 for the
Economic Development Administration's Regional
Innovation Program.
Senator Schatz sponsored a first degree
amendment, as modified, to authorize the development of
a STEM apprenticeship grant program at the Department
of Commerce.
Senator Wicker sponsored a first degree
amendment, as modified, to authorize the NSF to award
translational research grants for proof of concept and
prototype development in partnership with academia to
advance technologies.
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:
S. 3084--American Innovation and Competitiveness Act
Summary: S. 3084 would amend current law and authorize the
appropriation of about $17.3 billion over the 2017-2018 period
for the operations of the National Science Foundation (NSF) and
the National Institute of Standards and Technology (NIST).
Assuming appropriation of the specified and estimated
amounts, CBO estimates that implementing the legislation would
cost $16.4 billion over the 2017-2021 period and $0.9 billion
after 2021.
CBO also estimates that enacting S. 3084 would increase
direct spending by $25 million over the 2017-2026 period
because enacting the legislation would authorize NIST to enter
into enhanced-use leasing arrangements. Because enacting the
bill would increase direct spending, pay-as-you-go procedures
apply. Enacting S. 3084 would not affect revenues.
CBO estimates that enacting S. 3084 would not increase net
direct spending or on-budget deficits by more than $5 billion
in any of the four consecutive 10-year periods beginning in
2027.
S. 3084 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would impose no costs on state, local, or tribal
governments.
Estimated cost to the Federal Government: The estimated
budgetary effects of S. 3084 are shown in the following table.
The costs of this legislation fall within budget functions 250
(general science, space, and technology), 300 (natural
resources and environment), 370 (commerce and housing credit),
and 800 (general government).
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By fiscal year, in millions of dollars--
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2017 2018 2019 2020 2021 2017-2021
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INCREASES IN SPENDING SUBJECT TO APPROPRIATION
NSF Reauthorization:
Authorization Level...................................... 7,510 7,810 0 0 0 15,320
Estimated Outlays........................................ 1,532 4,612 4,777 2,401 1,087 14,409
NIST Reauthorization:
Authorization Level...................................... 974 1,013 0 0 0 1,987
Estimated Outlays........................................ 750 985 232 20 0 1,987
Other Provisions:
Estimated Authorization Level............................ 4 4 3 2 1 14
Estimated Outlays........................................ 4 4 3 2 1 14
Total Spending Under S. 3084:
Estimated Authorization Level........................ 8,488 8,827 3 2 1 17,321
Estimated Outlays.................................... 2,286 5,601 5,012 2,423 1,088 16,410
INCREASES IN DIRECT SPENDINGa
Estimated Budget Authority................................... 0 3 3 4 4 14
Estimated Outlays............................................ 0 * 1 1 3 5
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Notes: NSF = National Science Foundation; NIST = National Institute of Standards and Technology; * = less than
$500,000.
aCBO estimates that direct spending would increase under S. 3084 by $25 million over the 2017-2026 period.
Basis of estimate: For this estimate, CBO assumes S. 3084
will be enacted near the end of calendar year 2016 and that the
necessary amounts will be appropriated for each fiscal year.
Estimated outlays are based on historical spending patterns for
existing programs.
Spending subject to appropriation
The bill would authorize specific amounts for 2017 and 2018
for both the NSF and NIST. In addition, the bill would affect
spending by other agencies.
National Science Foundation Reauthorization. S. 3084 would
authorize the appropriation of $7.5 billion in 2017 and $7.8
billion in 2018 for the National Science Foundation to carry
out current activities, expand grant programs, and update
policies affecting project oversight, conflicts of interest,
and transparency and accountability. In 2016, NSF programs
received an appropriation of $7.5 billion. CBO estimates that
this provision would cost $14.4 billion over the 2017-2021
period and $0.9 billion after 2021.
National Institute of Standards and Technology
Reauthorization. S. 3084 would authorize the appropriation of
$974 million in 2017 and $1.0 billion in 2018 to NIST for
agency operations. The agency's appropriation for 2016 was $964
million. CBO estimates that implementing S. 3084 would cost
$750 million in 2017 and $2.0 billion over the 2017-2021
period.
Other Provisions. CBO estimates that implementing a variety
of other provisions of S. 3084 would require other agencies
including the Department of Commerce (DOC), the Office of
Science and Technology Policy, and the Office of Management and
Budget to modestly increase spending. Those provisions would
require those agencies to provide additional reports to the
Congress related to federal research; codify and expand the
responsibilities of some interagency working groups; and
require DOC to directly manage the law enforcement and security
programs for NIST. Finally, the bill would require DOC to
establish new programs to promote science, technology,
engineering, and math (STEM) education, and to expand current
grant programs to include awards to develop and expand STEM
apprenticeships. Based on an analysis of information from the
affected agencies, CBO estimates that implementing those
provisions would cost $14 million over the 2017-2021 period.
Direct spending
Under current law, NIST is authorized to lease real
property from nonfederal entities. Section 403 would expand
that authority by authorizing the agency to lease certain
federally owned property to non-federal entities. Those
expanded authorities would be similar to the enhanced-use
leasing authorities used by other agencies, including the
Departments of Defense and Veterans Affairs.
CBO expects that NIST would use the expanded leasing
authority in a manner similar to other agencies. Acting in the
dual roles of lessor (of the land) and lessee (of facilities
built on the land), those agencies have secured private
financing to construct and renovate federal buildings and other
infrastructure. Such leasing arrangements commit an agency to
paying for the new facility or renovation of an existing
facility at the time it enters into the leasing agreement even
if the agency does not have an advance appropriation to cover
the full costs of such a lease. Consequently, CBO believes that
the full cost of such transactions should be recorded at the
time an agency enters into such a leasing agreement.
NIST currently owns sites in Maryland and Colorado that
operate as the agency's main campuses, as well as two field
sites. NIST currently has a backlog of $350 million in basic
repairs at its facilities and reports that the facilities
needing repairs are, on average, 58 years old. In recent years,
the agency has undertaken building renovations and expansions
on both of its campuses with costs ranging from approximately
$25 million to $322 million. According to NIST, the agency has
entered into one short-term lease agreement in recent years.
Based on information from NIST about its plans to use the
expanded leasing authority, CBO estimates that NIST would use
that authority to finance facility upgrades valued at about $35
million--roughly 10 percent of its current maintenance
backlog--resulting in $25 million in spending over the 2017-
2026 period.
Pay-As-You-Go considerations: The Statutory Pay-As-You-Go
Act of 2010 establishes budget reporting and enforcement
procedures for legislation affecting direct spending or
revenues. The net changes in outlays that are subject to those
pay-as-you-go procedures are shown in the following table.
CBO ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR S. 3084, AS ORDERED REPORTED BY THE SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION ON JUNE 29, 2016
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By fiscal year, in millions of dollars--
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2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2017-2021 2017-2026
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NET INCREASE IN THE DEFICIT
Statutory Pay-As-You-Go Impact.............................. 0 0 1 1 3 3 4 4 4 5 5 25
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Increase in long-term direct spending and deficits: CBO
estimates that enacting S. 3084 would not increase net direct
spending or on-budget deficits by more than $5 billion in any
of the four consecutive 10-year periods beginning in 2027.
Intergovernmental and private-sector impact: S. 3084
contains no intergovernmental or private-sector mandates as
defined in UMRA. The bill would benefit state and local
governments, public universities, and research and
manufacturing centers by authorizing financial and technical
assistance in STEM-related fields for those entities. Any costs
incurred by those entities, including cost-sharing
contributions, would be incurred voluntarily.
Previous CBO estimate: On September 16, 2016, CBO
transmitted a cost estimate for H.R. 5636, the National
Institute of Standards and Technology Campus Security Act, as
passed by the House of Representatives on July 11, 2016. A
provision in S. 3084 is similar to H.R. 5636 and CBO's estimate
of the budgetary effects of each is the same.
Estimate prepared by: Federal costs: Tiffany Arthur (NSF),
Stephen Rabent (NIST and DOC), Matthew Pickford (Office of
Science and Technology Policy); Impact on state, local, and
tribal governments: Jon Sperl; Impact on the private sector:
Paige Piper-Bach.
Estimate approved by: H. Samuel Papenfuss, Deputy Assistant
Director for Budget Analysis.
Regulatory Impact
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
The bill would cover institutions of higher education,
principal investigators, and other research grant recipients
that are already subject to the policies and procedures of the
NSF, NIST, NASA, NOAA, and the Department of Commerce as a
condition of receiving an award from one of these agencies. The
bill also would cover newly eligible entities such as nonprofit
organizations that apply voluntarily for expanded or new grant
programs authorized under the bill.
economic impact
The bill would authorize additional spending by the Federal
Government. Under the bill, authorizations of appropriations
for the NSF and NIST would increase by 4 percent from FY 2017
to FY 2018. This increase in funding for R&D, manufacturing,
and STEM education is intended to stimulate and incentivize
U.S. innovation and economic investment by private companies in
areas such as commercialization of federally-funded research
results, increased manufacturing output, and STEM worker
hiring. The requirements to streamline and reduce
administrative burdens and to advance public-private
partnerships under the bill may also result in economic
efficiencies to institutions of higher education and other
organizations that receive Federal research grants.
privacy
The bill would impact the personal privacy of individuals
who voluntarily apply to receive certain grants from the NSF,
NIST, NASA, NOAA, and the Department of Commerce. The bill
could potentially lead to updated requirements reducing impacts
on personal privacy based on the directive for an interagency
working group to reduce administrative burdens for federally-
funded researchers.
paperwork
The bill would not significantly increase paperwork
requirements for private individuals, institutions of higher
education, or non-profit organizations. In fact, the bill could
potentially lead to a decrease in paperwork requirements for
these entities based on the bill's directive for an interagency
working group to reduce administrative burdens for recipients
of Federal research grants. The bill would require the NSF,
NIST, the OSTP, NASA, other Federal agencies, and relevant
advisory committees to produce 18 reports, strategic plans, and
audits, some of which are updated existing reports, and some of
which are required annually or periodically based on certain
circumstances. The bill also repeals six reporting requirements
for certain agencies, including the NSF and NIST.
Congressionally Directed Spending
In compliance with paragraph 4(b) of rule XLIV of the
Standing Rules of the Senate, the Committee provides that no
provisions contained in the bill, as reported, meet the
definition of congressionally directed spending items under the
rule.
Section-by-Section Analysis
Section 1. Short title; table of contents.
This section would provide the short title and table of
contents for the legislation.
Section 2. Definitions.
This section would provide definitions for the following
terms used throughout the legislation: appropriate committees
of Congress; Federal science agency; Foundation; institution of
higher education; NIST; STEM; and STEM education.
Section 3. Authorizations of appropriations.
This section would authorize appropriations for FY 2017 and
FY 2018.
Title I - Maximizing Basic Research
Section 101. Reaffirmation of merit-based peer review.
This section would express a sense of Congress that NSF's
intellectual merit and broader impacts criteria remain
appropriate for evaluating grant proposals, and would require
the NSF to maintain these criteria as the basis for evaluating
grant proposals. This section also would require the NSF to
submit a report to the appropriate committees of Congress if a
change is made to the merit-review process.
Section 102. Transparency and accountability.
This section would find that the NSF has improved
transparency and accountability within the merit review
process, and would require the NSF to issue and periodically
update policy guidance clarifying the importance of
transparency and accountability and requiring specific elements
in its published grant abstracts. This section also would
require the National Science Board to conduct an examination of
the NSF's efforts to improve transparency and accountability
within the merit-review process and issue a report to Congress
no later than 6 months after enactment.
Section 103. EPSCoR reaffirmation and update.
This section would provide a sense of Congress regarding
EPSCoR, and would require award structure and congressional
reporting updates based on recommendations of previous EPSCoR
reviews to maximize the impact of Federal EPSCoR support on
building competitive research infrastructure. Finally, this
section would amend existing law to change the name of EPSCoR
from the ``Experimental Program to Stimulate Competitive
Research'' to the ``Established Program to Stimulate
Competitive Research or a ``program similar to the Established
Program to Stimulate Competitive Research at another Federal
agency.''
Section 104. Cybersecurity research.
This section also would amend existing law to direct the
NSF to include the security of election-dedicated voting system
software and hardware, and the role of the human factor in
cybersecurity as specific research areas to consider when
awarding grants for basic research.
Additionally, this section would instruct NIST, in
coordination with the Department of Homeland Security, to
continue to raise public awareness of the voluntary, industry-
led cybersecurity standards and best practices for critical
infrastructure, otherwise called the NIST Framework for
Improving Critical Infrastructure Cybersecurity.
NIST also would be required: to research information
systems for future cybersecurity needs; to coordinate a process
with relevant stakeholders on standards and guidance for these
future needs, including encryption responses to quantum
computers; and to provide recommendations for a secure and
smooth transition to these standards.
Finally, this section would amend existing law to authorize
NIST to research the security of computers, computer networks,
and computer data storage used in voting systems.
Section 105. Networking and information technology research and
development update.
This section would amend existing law to update the NITRD
Program, the multiagency effort to coordinate advanced
information technology R&D. The amendment made by this section
would adopt a number of recommendations from the President's
Council of Advisors on Science on Technology to add a focus on
research on the human-computer interaction, cyber-physical
systems, and cybersecurity.
It also would amend existing law to direct periodic reviews
of the NITRD Program, require strategic plans to guide near-
term and long-term research activities, and emphasize
coordination of such research activities amongst agencies,
industry, laboratories, universities, international partners,
and others.
Amendments made by this section would update and make
current a number of technical references to the NITRD Program.
Section 106. High-energy physics coordination.
This section would require the Physical Science
Subcommittee of the National Science and Technology Council
(NSTC) to define and continue to coordinate Federal efforts
related to high-energy physics research in order to maximize
the efficiency and effectiveness of U.S. investment. This
section would outline the responsibilities of the subcommittee,
which would include providing recommendations on planning for
construction and on research coordination, establishing goals
and priorities, proposing methods for engagement with agencies
and Federal laboratories, and developing and updating as
necessary a strategic plan to guide Federal programs and
activities in support of high-energy physics research.
Section 107. Laboratory program improvements.
This section would require NIST to develop and implement a
comprehensive strategic plan for laboratory programs that
expands: interactions with academia, international researchers,
and industry; and commercial and industrial applications. The
plan would be required to include performance metrics for the
dissemination of research results, and document positive
benefits of research for industry.
Section 108. International activities.
This section would amend existing law to improve NIST's
ability to directly support activities of international
organizations that cooperate with NIST to advance measurement
standards.
Section 109. Standard Reference Data Act Update.
This section would amend existing law to update the
outdated definition for ``standard reference data'' to make it
relevant and applicable to the 21st Century.
Section 110. NSF mid-scale project investments.
This section would express the sense of Congress that the
addition of a competitive mid-scale funding opportunity that
includes research, instrumentation, and infrastructure is
essential to the NSF's portfolio and advancing scientific
understanding. This section would require the NSF to evaluate
the existing and future needs, across all disciplines supported
by the NSF, for mid-scale project research, instrumentation,
and infrastructure. Further, this section would require the NSF
to develop a strategy to meet the existing and future needs for
mid-scale projects and to provide a briefing on the evaluation
and strategy to the appropriate committees of Congress not
later than 180 days after the date of enactment.
Section 111. Oversight of NSF large-scale research facility projects.
This section would strengthen oversight and accountability
over the NSF's large-scale research facility projects funded by
the major research equipment and facilities construction
account in order to maximize research investment. The NSF
Inspector General and National Academy of Public Administration
have identified recommendations to improve oversight of such
projects, and this section would require oversight progress
updates from the NSF on the response to and implementation of
those recommendations.
This section would take several steps to establish
policies, procedures, and requirements for the planning,
management, and oversight of such projects. It also would
require the full-life cycle cost be considered in pre-award
analysis, the proposed budget and accounting systems be
analyzed, an independent cost estimate be conducted and
reviewed, and major issues be resolved prior to project
approval. The NSF also would be directed to strengthen
contingency control and require periodic external reviews on
project management, reliable accounting systems, and annual
incurred cost submissions. To ensure any financial issues are
identified earlier in the process, the section also would
require incurred cost audits at least once during construction
at a time to be determined based on risk analysis and length of
the award (except that the length of time between audits may
not exceed 3 years) and again at the completion of the
construction phase.
Section 112. Conflicts of interest.
This section would require the NSF to take steps to update
its conflicts of interest policy and procedures to better
document and manage known conflicts of interest of individuals
on temporary assignment at the agency.
Section 113. Management of the NSF Antarctic Program.
This section would require the Director of the NSF to
continue to review the agency's efforts to sustain and
strengthen scientific efforts in the face of logistical
challenges for the U.S. Antarctic Program and to brief Congress
on the ongoing review not later than 180 days after the date of
enactment.
Section 114. NIST campus security.
This section would direct the Department of Commerce Office
of Security to manage the law enforcement and security programs
of NIST through an assigned Director of Security for NIST.
Additionally, this section would require the Director of
Security for NIST to provide, quarterly at first and then
annually thereafter, an activities and security report to the
Under Secretary for Standards and Technology.
Section 115. Federal coordination of sustainable chemistry research and
development.
This section would express the sense of Congress that the
science of chemistry is vital to improving the quality of human
life and would highlight the myriad of positive benefits that a
coordinated national effort on sustainable chemistry would
provide for both human beings and the United States Government.
This section would direct the OSTP to establish an entity
under the NSTC that would be responsible for coordinating
Federal programs and activities in support of sustainable
chemistry.
Further, this section would require this new entity to
submit a 5-year strategic plan which would include a summary of
federally funded sustainable chemistry research, a summary of
the financial resources allocated to sustainable chemistry
activities, an evaluation of best practices and coordination
among participating agencies, and a framework for advancing
sustainable chemistry to certain congressional committees and
the GAO.
Finally, this section would authorize the NSF to continue
to carry out the Sustainable Chemistry Basic Research program.
Title II - Administrative Burden and Regulatory Reduction
Section 201. Interagency Working Group on Research Regulation.
This section would require the OMB, in conjunction with the
OSTP, to establish a working group to reduce administrative
burdens on federally funded researchers while protecting the
public interest in the transparency and accountability for
federally funded activities. The working group would be
required to regularly review relevant, administration-related
regulations imposed on federally funded researchers and make
recommendations on regulations or processes that may be
eliminated, streamlined, or otherwise improved.
This section also would require the working group to
conduct a comprehensive review of Federal science agency grant
proposal documents and develop, to the extent practicable, a
simplified, uniform grant format to be used by all Federal
science agencies. Further, this section would require the
working group to establish a central repository to house
assurances required for Federal research grants.
Further, the working group would be required to conduct a
comprehensive review of mandated progress reports for federally
funded research and develop a strategy to simplify investigator
progress reports. Finally, not later than 1 year after
enactment, and annually thereafter, the working group
periodically would be required to submit to the appropriate
committees of Congress a report on its responsibilities and its
recommendations.
Section 202. Scientific and technical collaboration.
This section would: highlight that it is the policy of the
United States to encourage broad dissemination of Federal
research findings and engagement of Federal researchers with
the scientific and technical community; and authorize
laboratory, test center, field center, and other similar heads
of offices to approve scientific and technical workshop
attendance provided that the attendance would meet the mission
of the laboratory or test center and that sufficient laboratory
or test center funds are available for that purpose.
This section also would require the Director of OMB, in
consultation with the Director of the OSTP and the heads of
other relevant Federal science agencies, to revise current
policies and streamline processes for attendance at scientific
and technical workshops while ensuring appropriate oversight,
accountability, and transparency.
Finally, this section would amend existing law to authorize
NIST to host, participate in, and support scientific and
technical workshops.
Section 203. NIST grants and cooperative agreements update.
This section would amend section 8(a) of the Stevenson-
Wydler Technology Innovation Act of 1980 (15 U.S.C. 3706(a)) to
repeal the limit on the total amount of any grant or
cooperative agreement under that Act.
Section 204. Repeal of certain obsolete reports.
The amendments made by this section would update or
eliminate outdated NSF, NIST, and multiagency reports to
Congress that are currently required by law.
Section 205. Repeal of certain provisions.
The amendments made by this section would repeal certain
authorizations in current law that are no longer beneficial or
relevant for the functioning of the Federal science agencies.
Section 206. Grant subrecipient transparency and oversight.
This section would require the NSF Inspector General to
prepare and submit to the appropriate committees of Congress an
audit of the NSF's policies and procedures governing the
monitoring of pass-through entities with respect to
subrecipients not later than 1 year after the date of
enactment. This audit would include information regarding the
NSF's process to oversee the compliance of pass-through
entities, whether pass-through entities have processes and
controls in place regarding financial compliance of
subrecipients, and whether pass-through entities have processes
and controls in place to maintain approved grant objectives for
subrecipients. This audit would also include any
recommendations to increase the transparency and oversight of
the selection process, grant objectives, and financial
oversight of the pass-through entities, while balancing
administrative burdens.
Section 207. Micro-purchase threshold for procurement solicitations by
research institutions.
This section would provide for an increase in the micro-
purchase threshold for procurement solicitations by research
institutions and would require revisions to the Uniform
Guidance to conform to this new provision.
Title III - Science, Technology, Engineering and Math Education
Section 301. Robert Noyce Teacher Scholarship Program update.
This section would amend existing law to require the NSF to
develop and implement practices for increasing the retention of
teachers funded under the Robert Noyce Teacher Scholarship
Program.
Section 302. Space grants.
This section would express the sense of Congress that the
National Space Grant College and Fellowship Program has been an
important program by which the Federal Government has partnered
with universities, colleges, industry, and other organizations
to provide hands-on STEM experiences, fostering of
multidisciplinary space research, and supporting graduate
fellowships in space-related fields, among other purposes.
This section would amend existing law to require NASA to
maximize appropriated funds for grants and contracts made under
this program and to limit program administration costs to no
more than 5 percent of funds appropriated for this program. For
any FY in which NASA cannot meet its cost target for this
program or cannot limit program costs, the Administrator of
NASA would be required to submit a report to the appropriate
committees of Congress, including a description of why NASA did
not meet the cost target and the measures the Administrator of
NASA will take in the next FY to meet the cost target without
drawing on other Federal funding.
Section 303. STEM Education Advisory Panel.
This section would direct the NSF, the Department of
Education, NASA, and NOAA to establish a STEM Education
Advisory Panel (Advisory Panel) consisting of at least 11
individuals to be appointed in accordance with certain criteria
within 180 days of the date of enactment. The Advisory Panel
would advise the Committee on STEM Education (CoSTEM) on
matters relating to STEM education and would be required to
periodically assess CoSTEM's progress in carrying out its
responsibilities. Further, this section would require the
Advisory Panel to make recommendations to improve Federal STEM
education programs and activities and would be required to
report, not later than 1 year after the date of enactment and
every 3 years thereafter, to CoSTEM and the appropriate
committees of Congress on its assessments and its
recommendations.
Section 304. Committee on STEM Education.
The amendments made by this section would update previous
law regarding the duties of the Committee on STEM Education and
would update the responsibilities of the OSTP related to
CoSTEM.
Section 305. Grant programs to expand STEM opportunities.
This section would express the sense of Congress that the
United States must broaden participation in STEM fields in an
effort to keep up with the growing demand for STEM-skilled
workers. This section also would authorize the NSF to continue
to award grants to eligible entities, on a merit-reviewed,
competitive basis, under existing programs targeting broadening
participation, and further would outline the authorized
activities for which these grants may be used.
Further, this section would authorize specific grants to be
used for research to advance the engagement of students, in
grades kindergarten through eighth, particularly those who are
members of groups underrepresented in STEM fields, and would
outline the authorized activities for which these grants may be
used. This section also would require the NSF to evaluate the
grants provided under this section not later than 5 years after
the date of enactment and, no later than 180 days after the
completion of this evaluation, would require the NSF to submit
to Congress and make widely available to the public a report
that includes the results of the evaluation and any
recommendations for administrative and legislative action that
could optimize the effectiveness of the program.
Section 306. Centers of excellence for inclusion in STEM.
This section would direct the NSF to carry out a program to
award merit-reviewed, competitive grants to institutions of
higher education and to establish not less than one Center of
Excellence to collect, maintain, and disseminate information to
increase participation of women and groups underrepresented in
STEM fields. The purpose of this Center would be to promote
faculty diversity in STEM fields by building on the success of
the Inclusion across the Nation of Communities of Learners of
Underrepresented Discoverers in Engineering and Science
(INCLUDES) programs, providing technical assistance,
maintaining best practices, and providing related training at
federally-funded academic institutions.
Section 307. NIST education and outreach.
This section would amend existing law to authorize NIST to
revise its procedures to expend funds appropriated for its
activities to support, promote, and coordinate activities and
efforts to enhance public awareness and understanding of
measurement sciences, standards and technology at the national
measurement laboratories, and otherwise in fulfillment of its
mission.
The amendments made by this section also would authorize
NIST to revise the procedures it uses when making appointments
to laboratory positions and to establish a volunteer program to
carry out some of its programs.
Additionally, the amendments made by this section would:
authorize NIST to expend appropriated funds for research
fellowship awards; and would instruct NIST to establish and
conduct a post-doctoral fellowship program. The amendments made
by this section also would authorize NIST: to facilitate
education programs for undergraduate and graduate students and
academic and industry workers; to sponsor summer internships
for high school teachers as appropriate; to develop programs
for graduate student internships and visiting faculty
researchers; to document publications, presentations,
interactions with visiting researchers and sponsoring interns
as metrics for improvement and continuing interactions with
those individuals; and to facilitate NIST laboratory tours and
provide presentations for school, industry and community
groups.
Section 308. Presidential awards for excellence in STEM mentoring.
This section would authorize the NSF to continue to
administer awards on behalf of the OSTP to recognize
outstanding mentoring in STEM fields. This section also would
require the NSF to provide Congress with a list of award
recipients and a synopsis of the impact of the mentoring
efforts.
Section 309. Working group on inclusion in STEM fields.
This section would direct the OSTP, in collaboration with
Federal departments and agencies, to establish an interagency
working group to compile and summarize available research and
best practices on how to promote diversity and inclusion in
STEM fields and to examine whether barriers exist to promoting
diversity and inclusion within Federal agencies employing
scientists and engineers.
This section would further outline the responsibilities of
the new interagency working group and the role of non-Federal
stakeholders. Additionally, this section would require that the
working group publish a report on its review and assessment,
including any recommendations, no later than 1 year after the
date of enactment. Finally, this section would require the
working group's authority to terminate 10 years after the date
on which the working group is established.
Section 310. Improving undergraduate STEM experiences.
This section would express a sense of Congress that each
Federal science agency should invest in and expand research
opportunities for undergraduate students attending institutions
of higher education during the undergraduate student's first 2
academic years of postsecondary education.
Additionally, this section would require the head of each
Federal agency submit recommendations to the President, not
later than 1 year after enactment, regarding how the agency
could best fulfill the goals described in subsection (a) of
this section.
Finally, this section would amend existing law to add the
concept of improved undergraduate STEM education and
instruction as one of the goals the NSF should work to achieve
when applying a Broader Impacts Review Criterion.
Section 311. Computer science education research.
This section would authorize the NSF to award grants to
research computer science education and computational thinking.
The section also would require the NSF to develop metrics to
measure success of the grants, and report to Congress in its
annual budget submission on such success.
Section 312. Informal STEM education.
This section would authorize the NSF to award, through a
cross-Directorate process, competitive, merit-reviewed grants
to support a national partnership of institutions involved in
informal STEM learning.
Further, this section would include as activities supported
by these grants: fostering and implementing on-going
partnerships between institutions involved in informal STEM
learning, institutions of higher education, and education
research centers; and developing, adapting, and making
available informal STEM education activities and educational
materials for broad implementation.
Section 313. Developing STEM apprenticeships.
This section would amend existing law to authorize the
development of a STEM apprenticeship grant program at the
Department of Commerce and to allow the Department of Commerce
to provide a grant to an eligible recipient to develop
infrastructure to expand STEM apprenticeship programs.
Section 314. NSF report on broadening participation.
This section would require the NSF to review data on the
participation in NSF activities of institutions serving groups
that are underrepresented in STEM disciplines and to submit,
not later than 1 year after the date of enactment, to Congress
a report on the findings of such a review. The report would
include recommendations regarding how the NSF could improve
outreach and inclusion of these groups in NSF activities.
Section 315. NOAA ocean and atmospheric science education programs.
This section would amend existing law to update the goals
and metrics for NOAA's science education programs.
Title IV - Leveraging the Private Sector
Section 401. Prize competition authority update.
This section would make numerous changes to section 24 of
the Stevenson-Wydler Technology Innovation Act of 1980 (15
U.S.C. 3719) to provide clarity of purpose and relevant
updates.
Section 402. Crowdsourcing and citizen science.
This section would express the sense of Congress that the
use of incentive prizes and challenges has yielded numerous
benefits for the Nation, and that crowdsourcing and citizen
science projects have a number of additional unique benefits.
This section would authorize Federal agencies to utilize
crowdsourcing and citizen science approaches to conduct
activities designed to advance their mission. Further, this
section would require the head of each Federal agency engaged
in a crowdsourcing or citizen science project to make public
and promote such project to encourage broad participation.
This section also would outline the consent, registration,
terms of use, protections for human subjects, data,
technologies, applications, liability, and other requirements
for Federal agencies and consenting participants of crowd
sourcing and citizen science. Additionally, this section would
allow Federal agencies to use funds appropriated by Congress to
carry out crowdsourcing and citizen science activities.
Finally, this section would require the NSF to include, as a
component of a previously authorized report, specific
information about Federal agencies' use of crowdsourcing and
citizen science during the most recently completed two FYs.
Section 403. NIST other transaction authority update.
This section would amend existing law to allow NIST to
enter into and perform such contracts, including cooperative
R&D arrangements, grants, cooperative agreements, real property
leases, or other transactions as may be necessary in
furtherance of the purposes of the National Institute of
Standards and Technology Act.
Section 404. NIST Visiting Committee on Advanced Technology update.
This section would amend existing law to modify and provide
flexibility in the membership of NIST's Visiting Committee on
Advanced Technology from the current requirement of 15 members,
10 of which must be from U.S. industry, to at least 9 members,
with a majority from U.S. industry.
Title V - Manufacturing
Section 501. Hollings Manufacturing Extension Partnership improvements.
This section would amend existing law to make several
changes to the Hollings MEP, including permanently adjusting
the Hollings MEP Federal cost share to not more than 50 percent
of the capital and annual operating and maintenance funds
required to establish and support a qualified manufacturing
extension center (center). The amendments made by this section
would require NIST to re-compete the centers at least every 10
years, modify the activities and evaluations of the centers,
and add new reports and assessments about the program that
would need to be completed within specific timeframes.
Additionally, the amendments made by this section would: add a
clause on the protection of confidential client information;
add a requirement that center oversight boards implement
conflict of interest bylaws; expand the current competitive
grants program; and add a provision on development of open
access resources to address best practices to further the
competitiveness and profitability of small manufacturers.
Section 502. Federal loan guarantees for innovative technologies in
manufacturing.
This section would amend section 26(o) of the Stevenson-
Wydler Technology Innovation Act of 1980 (15 U.S.C. 3721(o)) to
require the Secretary of Commerce, in coordination with the
Small Business Administration and NIST, to identify any gaps in
the access of small- or medium-sized manufacturers to capital
for the use or production of innovative technologies that the
program could fill, and to develop marketing materials and
conduct outreach to target those gaps.
Section 503. Manufacturing communities.
This section would direct the Secretary of Commerce to
establish a program to improve the competitiveness of U.S.
manufacturing by designating consortiums as manufacturing
communities and by supporting manufacturing communities.
Title VI - Innovation, Commercialization, and Technology Transfer
Section 601. Innovation Corps.
This section would express the sense of Congress that the
NSF Innovation Corps (I-Corps) is a useful tool in promoting
the commercialization of federally-funded research. This
section would authorize the NSF to carry out the I-Corp program
to award grants on a competitive, merit-reviewed basis for
entrepreneurship and commercialization and to encourage the
development and expansion of I-Corps and other training
programs that focus on professional development. This section
also would allow the NSF to enter into agreements with other
Federal agencies to allow researchers funded by those agencies
to participate in the I-Corps program.
Additionally, this section would authorize the NSF, in
consultation with the Small Business Innovation Research
Program (SBIR Program), to make funds available for competitive
grants, including I-Corps participants, to help support
prototype or proof-of-concept development, as long as those I-
Corps participants are not eligible to participate in the SBIR
Program or the Small Business Technology Transfer Program.
Further, this section would allow the NSF to engage in
partnerships with State and local governments, economic
development organizations, and nonprofit organizations to
provide access to the I-Corps program to support
entrepreneurship and commercialization education and training
for researchers, students, and institutions. Finally, this
section would require the NSF to submit a biennial report on
the I-Corps program efficacy to the appropriate committees of
Congress. Each Federal science agency participating in the I-
Corps program would be required to contribute to this report.
Section 602. Translational research grants.
This section would express the sense of Congress that
commercialization of federally-funded research may benefit
society and the economy and that not-for-profit organizations
support the commercialization of federally-funded research by
providing useful business and technical expertise to
researchers. This section would authorize the NSF to continue
to award grants to promote the commercialization of federally-
funded research results and would provide further guidance on
the proper use of these commercialization grants, which types
of organizations may be eligible for these grants, and the
application process.
Section 603. Optics and photonics technology innovations.
This section would express the sense of Congress that:
optics and photonics research and technologies promote U.S.
global competitiveness in industry sectors; and Federal science
agencies, industry, and academia should seek partnerships to
develop basic research in optics and photonics into more mature
technologies and capabilities. Further, this section would
express the sense of Congress that Federal science agencies
should: survey and identify optics and photonics-related
programs within their agencies and share results with each
other; partner with the private sector and academia to leverage
knowledge and resources to maximize opportunities for
innovation in optics and photonics; and explore R&D
opportunities, including Federal and private sector-sponsored
internships to ensure a highly trained optics and photonics
workforce in the United States.
Section 604. Authorization of appropriations for the Regional
Innovation Program.
This section would amend existing law to authorize the
Secretary to use $30,000,000 of amounts appropriated for
economic development assistance programs for the Regional
Innovation Program for each of FY 2017 and FY 2018.
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):
STANDARDS REFERENCE DATA ACT
[15 U.S.C. 290 et seq.]
[SEC. 2. INTERNATIONAL ACTIVITIES.
[15 U.S.C. 290a]
[For the purposes of this Act--
[(a) The term ``standard reference data'' means quantitative
information, related to a measurable physical or chemical
property of a substance or system of substances of known
composition and structure, which is critically evaluated as to
its reliability under section 3 of this Act.
[(b) The term ``Secretary'' means the Secretary of Commerce.]
SEC. 2. DEFINITIONS.
For the purposes of this Act:
(1) Standard reference data.--The term ``standard
reference data'' means data that is--
(A) either--
(i) quantitative information related
to a measurable physical or chemical
property of a substance or system of
substances of known composition and
structure;
(ii) measurable characteristics of a
physical artifact or artifacts;
(iii) engineering properties or
performance characteristics of a
system; or
(iv) 1 or more digital data objects
that serve--
(I) to calibrate or
characterize the performance of
a detection or measurement
system; or
(II) to interpolate or
extrapolate, or both, data
described in subparagraph (A)
through (C); and
(B) that is critically evaluated as to its
reliability under section 3 of this Act.
(2) Secretary.--The term ``Secretary'' means the
Secretary of Commerce.
NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY ACT
[15 U.S.C. 271 et seq.]
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'') 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 agreements, in furtherance of the purposes
of this Act;]
(4) to enter into and perform such contracts,
including cooperative research and development
arrangements, grants, cooperative agreements, real
property leases, or other transactions, as may be
necessary in furtherance of the purposes of this Act
and on such terms as the Director considers
appropriate;
(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 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) on an ongoing basis, facilitate and support the
development of a voluntary, consensus-based, industry-
led set of standards, guidelines, best practices,
methodologies, procedures, and processes to cost-
effectively reduce cyber risks to critical
infrastructure (as defined under subsection (e));
(16) perform research to support the development of
voluntary, consensus-based, industry-led standards and
recommendations on the security of computers, computer
networks, and computer data storage used in voting
systems to ensure voters can vote securely and
privately.
[(16)](17) 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;
[(17)](18) 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;
(19) host, participate in, and support scientific and
technical workshops (as defined in section 202 of the
American Innovation and Competitiveness Act);
(20) collect and retain any fees charged by the
Secretary for hosting a scientific and technical
workshop described in paragraph (19);
(21) notwithstanding title 31 of the United States
Code, use the fees described in paragraph (20) to pay
for any related expenses, including subsistence
expenses for participants;
[(18)](22) 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;
[(19)](23) collect, create, analyze, and maintain
specimens of scientific value;
[(20)](24) operate national user facilities;
[(21)](25) 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;
[(22)](26) 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
[(23)](27) 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] sections 25 and 26 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.
(e) Cyber Risks.--
(1) In general.--In carrying out the activities under
subsection (c)(15), the Director--
(A) shall--
(i) coordinate closely and regularly
with relevant private sector personnel
and entities, critical infrastructure
owners and operators, and other
relevant industry organizations,
including Sector Coordinating Councils
and Information Sharing and Analysis
Centers, and incorporate industry
expertise;
(ii) consult with the heads of
agencies with national security
responsibilities, sector-specific
agencies and other appropriate
agencies, State and local governments,
the governments of other nations, and
international organizations;
(iii) identify a prioritized,
flexible, repeatable, performance-
based, and cost-effective approach,
including information security measures
and controls, that may be voluntarily
adopted by owners and operators of
critical infrastructure to help them
identify, assess, and manage cyber
risks;
(iv) include methodologies--
(I) to identify and mitigate
impacts of the cybersecurity
measures or controls on
business confidentiality; and
(II) to protect individual
privacy and civil liberties;
(v) incorporate voluntary consensus
standards and industry best practices;
(vi) align with voluntary
international standards to the fullest
extent possible;
(vii) prevent duplication of
regulatory processes and prevent
conflict with or superseding of
regulatory requirements, mandatory
standards, and related processes; and
(viii) include such other similar and
consistent elements as the Director
considers necessary; and
(B) shall not prescribe or otherwise
require--
(i) the use of specific solutions;
(ii) the use of specific information
or communications technology products
or services; or
(iii) that information or
communications technology products or
services be designed, developed, or
manufactured in a particular manner.
(2) Limitation.--Information shared with or provided
to the Institute for the purpose of the activities
described under subsection (c)(15) shall not be used by
any Federal, State, tribal, or local department or
agency to regulate the activity of any entity. Nothing
in this paragraph shall be construed to modify any
regulatory requirement to report or submit information
to a Federal, State, tribal, or local department or
agency.
(3) Definitions.--In this subsection:
(A) Critical infrastructure.--The term
``critical infrastructure'' has the meaning
given the term in section 1016(e) of the USA
PATRIOT Act of 2001 (42 U.S.C. 5195c(e)).
(B) Sector-specific agency.--The term
``sector-specific agency'' means the Federal
department or agency responsible for providing
institutional knowledge and specialized
expertise as well as leading, facilitating, or
supporting the security and resilience programs
and associated activities of its designated
critical infrastructure sector in the all-
hazards environment.
SEC. 10. VISITING COMMITTEE ON ADVANCED TECHNOLOGY.
[15 U.S.C. 278]
(a) Establishment; Appointment; Membership and Composition;
Review and Recommendations.--There is established within the
Institute a Visiting Committee on Advanced Technology
(hereafter in this Act referred to as the ``Committee''). The
Committee shall consist of [15 members appointed by the
Director, at least 10 of whom] not fewer than 9 members
appointed by the Director, a majority of whom shall be from
United States industry. The Director shall appoint as original
members of the Committee any final members of the [National
Bureau of Standards] National Institute of Standards and
Technology Visiting Committee who wish to serve in such
capacity. In addition to any powers and functions otherwise
granted to it by this Act, the Committee shall review and make
recommendations regarding general policy for the Institute, its
organization, its budget, and its programs within the framework
of applicable national policies as set forth by the President
and the Congress.
* * * * * * *
(c) Annual and Other Reports to Secretary and Congress.--
(1) The Committee shall render an annual report to
the Secretary for submission to the Congress not later
than 30 days after the submittal to Congress of the
President's annual budget request in each year. Such
report shall deal essentially, though not necessarily
exclusively, with policy issues or matters which affect
the Institute[, including the Program established under
section 28,] or with which the Committee in its
official role as the private sector policy advisor of
the Institute is concerned. Each such report shall
identify areas of research and research techniques of
the Institute of potential importance to the long-term
competitiveness of United States industry, in which the
Institute possesses special competence, which could be
used to assist United States enterprises and United
States industrial joint research and development
ventures. [Such report also shall comment on the
programmatic planning document and updates thereto
submitted to Congress by the Director under subsections
(c) and (d) of section 23.]
(2) The Committee shall render to the Secretary and
the Congress such additional reports on specific policy
matters as it deems appropriate.
SEC. 17. FOSTERING UNITED STATES COMPETITIVENESS IN HIGH-PERFORMANCE
COMPUTING AND RELATED ACTIVITIES.
[15 U.S.C. 278g]
[(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.]
(a) Financial Assistance to Foreign Nationals.--The Secretary
is authorized, notwithstanding any other provision of law, to
expend such sums, within the limit of appropriated funds,
through direct support for activities of international
organizations and foreign national metrology institutes with
which the Institute cooperates to advance measurement methods,
standards, and related basic technologies and, as the Secretary
may deem desirable, through the grant of fellowships or any
other form of financial assistance, to defray the expenses of
foreign nationals not in service to the Government of the
United States while they are performing scientific or
engineering work at the Institute or participating in the
exchange of scientific or technical information at the
Institute.
* * * * * * *
[SEC. 18. RESEARCH FELLOWSHIPS AND OTHER FINANCIAL ASSISTANCE TO
STUDENTS AT INSTITUTES OF HIGHER EDUCATION.
[15 U.S.C. 278g-1]
[(a) In General.--The Director is authorized to expend 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.
[(b) Manufacturing Fellowship Program.--
[(1) Establishment.--To promote the development of a
robust research community working at the leading edge
of manufacturing sciences, the Director shall establish
a program to award--
[(A) postdoctoral research fellowships at the
Institute for research activities related to
manufacturing sciences; and
[(B) senior research fellowships to
established researchers in industry or at
institutions of higher education who wish to
pursue studies related to the manufacturing
sciences at the Institute.
[(2) Applications.--To be eligible for an award under
this subsection, an individual shall submit an
application to the Director at such time, in such
manner, and containing such information as the Director
may require.
[(3) Stipend levels.--Under this subsection, the
Director shall provide stipends for postdoctoral
research fellowships at a level consistent with the
National Institute of Standards and Technology
Postdoctoral Research Fellowship Program, and senior
research fellowships at levels consistent with support
for a faculty member in a sabbatical position.
[(c) Underrepresented Minorities.--In evaluating applications
for fellowships under this section, the Director shall give
consideration to the goal of promoting the participation of
underrepresented minorities in research areas supported by the
Institute.]
SEC. 18. EDUCATION AND OUTREACH.
(a) In General.--The Director is authorized to expend funds
appropriated for activities of the Institute in any fiscal
year, to support, promote, and coordinate activities and
efforts to enhance public awareness and understanding of
measurement sciences, standards and technology at the national
measurement laboratories and otherwise in fulfillment of the
mission of the Institute. The Director may carry out activities
under this subsection, including education and outreach
activities to the general public, industry and academia in
support of the Institute's mission.
(b) Hiring.--The Director, in coordination with the Director
of the Office of Personnel Management, may revise the
procedures the Director applies when making appointments to
laboratory positions within the competitive service--
(1) to ensure corporate memory of and expertise in
the fundamental ongoing work, and on developing new
capabilities in priority areas;
(2) to maintain high overall technical competence;
(3) to improve staff diversity;
(4) to balance emphases on the noncore and core
areas; or
(5) to improve the ability of the Institute to
compete in the marketplace for qualified personnel.
(c) Volunteers.--
(1) In general.--The Director may establish a program
to use volunteers in carrying out the programs of the
Institute.
(2) Acceptance of personnel.--The Director may
accept, subject to regulations issued by the Office of
Personnel Management, voluntary service for the
Institute for such purpose if the service--
(A) is to be without compensation; and
(B) will not be used to displace any current
employee or act as a substitute for any future
full-time employee of the Institute.
(3) Federal employee status.--Any individual who
provides voluntary service under this subsection shall
not be considered a Federal employee, except for
purposes of chapter 81 of title 5, United States Code
(relating to compensation for injury), and sections
2671 through 2680 of title 28, United States Code
(relating to tort claims).
(d) Research Fellowships.--
(1) In general.--The Director may expend funds
appropriated for activities of the Institute in any
fiscal year, as the Director considers appropriate, for
awards of research fellowships and other forms of
financial and logistical assistance, including direct
stipend awards to--
(A) 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
(B) United States citizens for research and
technical activities of the Institute,
including programs.
(2) Selection criteria.--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.
(3) Financial and logistical assistance.--
Notwithstanding section 1345 of title 31, United States
Code, or any other law to the contrary, the Director
may include as a form of financial or logistical
assistance under this subsection temporary housing and
transportation to and from Institute facilities.
(e) Educational Outreach Activities.--The Director may--
(1) facilitate education programs for undergraduate
and graduate students, postdoctoral researchers, and
academic and industry employees;
(2) sponsor summer internships for STEM high school
teachers as appropriate;
(3) develop programs for graduate student internships
and visiting faculty researchers;
(4) document publications, presentations, and
interactions with visiting researchers and sponsoring
interns as performance metrics for improving and
continuing interactions with those individuals; and
(5) facilitate laboratory tours and provide
presentations for educational, industry, and community
groups.
[SEC. 19. POST-DOCTORAL FELLOWSHIP PROGRAM.
[15 U.S.C. 278g-2]
[The Institute shall establish and conduct a post-doctoral
fellowship program, subject to the availability of
appropriations, which shall be organized and carried out in
substantially the same manner as the National Academy of
Sciences/National Research Council Post-Doctoral Research
Associate Program that was in effect prior to 1986, and which
shall include not less than twenty nor more than 120 new
fellows per fiscal year. In evaluating applications for
fellowships under this section, the Director shall give
consideration to the goal of promoting the participation of
underrepresented minorities in research areas supported by the
Institute.]
SEC. 19. POST-DOCTORAL FELLOWSHIP PROGRAM.
(a) In General.--The Institute and the National Academy of
Sciences, jointly, shall establish and conduct a post-doctoral
fellowship program, subject to the availability of
appropriations.
(b) Organization.--The post-doctoral fellowship program shall
include not less than 20 nor more than 120 new fellows per
fiscal year.
(c) Evaluations.--In evaluating applications for post-
doctoral fellowships under this section, the Director of the
Institute and the President of the National Academy of Sciences
shall give consideration to the goal of promoting the
participation of underrepresented minorities in research areas
supported by the Institute.
[SEC. 19A. TEACHER SCIENCE AND TECHNOLOGY ENHANCEMENT INSTITUTE
PROGRAM.
[15 U.S.C. 278g-2a]
[(a) Establishment.--The Director shall establish within the
Institute a teacher science and technology enhancement program
to provide for professional development of mathematics and
science teachers of elementary, middle, and secondary schools
(as those terms are defined by the Director), including
providing for the improvement of those teachers with respect to
the understanding of science and the impacts of science on
commerce.
[(b) Areas of Focus.--In carrying out the program under this
section, the Director shall focus on the areas of--
[(1) scientific measurements;
[(2) tests and standards development;
[(3) industrial competitiveness and quality;
[(4) manufacturing;
[(5) technology transfer; and
[(6) any other area of expertise of the Institute
that the Director determines to be appropriate.
[(c) Procedures and Selection Criteria.--The Director shall
develop and issue procedures and selection criteria for
participants in the program. The Director shall give special
consideration to an application from a teacher from a high-need
school, as defined in section 200 of the Higher Education Act
of 1965 (20 U.S.C. 1021).
[(d) Scheduling.--The program under this section shall be
conducted on an annual basis during the summer months, during
the period of time when a majority of elementary, middle, and
secondary schools have not commenced a school year.
[(e) Means of Accomplishing Goals.--The program shall provide
for teachers' participation in activities at the laboratory
facilities of the Institute, or shall utilize other means of
accomplishing the goals of the program as determined by the
Director, which may include the Internet, video conferencing
and recording, and workshops and conferences.]
SEC. 23. REPORTS TO CONGRESS.
[15 U.S.C. 278i]
(a) Information to Congress on Institute Activities.--The
Director shall keep the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Science,
Space, and Technology of the House of Representatives fully and
currently informed with regard to all of the activities of the
Institute.
(b) Justification for Changes in Policies and Fees.--The
Director shall justify in writing all changes in policies
regarding fees for standard reference materials and calibration
services occurring after June 30, 1987, including a description
of the anticipated impact of any proposed changes on demand for
and anticipated revenues from the materials and services.
Changes in policy and fees shall not be effective unless and
until the Director has submitted the proposed schedule and
justification to the Congress and 30 days on which both Houses
of Congress are in session have elapsed since such submission,
except that the requirement of this sentence shall not apply
with respect to adjustments which are based solely on changes
in the costs of raw materials or of producing and delivering
standard reference materials or calibration services.
[(c) Three-year Programmatic Planning Document.--Concurrent
with the submission to Congress of the President's annual
budget request in the first year after the date of enactment of
this subsection, the Director shall submit to Congress a 3-year
programmatic planning document for the Institute, including
programs under the Scientific and Technical Research and
Services, Industrial Technology Services, and Construction of
Research Facilities functions.
[(d) Annual Update on Three-year Programmatic Planning
Document.--Concurrent with the submission to the Congress of
the President's annual budget request in each year after the
date of enactment of this subsection, the Director shall submit
to Congress an update to the 3-year programmatic planning
document submitted under subsection (c), revised to cover the
first 3 fiscal years after the date of that update.]
[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;
[(5) the utilization, when appropriate, of the
expertise and capability that exists in Federal
laboratories other than the Institute; and
[(6) providing to community colleges information
about the job skills needed in small- and medium-sized
manufacturing businesses in the regions they serve.
[(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)(A) Any nonprofit institution, or group thereof,
or consortia of nonprofit institutions, including
entities existing on August 23, 1988, 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).
[(B) In order to receive assistance under
this section, an applicant for financial
assistance under subparagraph (A) shall provide
adequate assurances that non-Federal assets
obtained from the applicant and the applicant's
partnering organizations will be used as a
funding source to meet not less than 50 percent
of the costs incurred for the first 3 years and
an increasing share for each of the last 3
years. For purposes of the preceding sentence,
the costs incurred means the costs incurred in
connection with the activities undertaken to
improve the management, productivity, and
technological performance of small- and medium-
sized manufacturing companies.
[(C) In meeting the 50 percent requirement,
it is anticipated that a Center will enter into
agreements with other entities such as private
industry, universities, and State governments
to accomplish programmatic objectives and
access new and existing resources that will
further the impact of the Federal investment
made on behalf of small- and medium-sized
manufacturing companies. All non-Federal costs,
contributed by such entities and determined by
a Center as programmatically reasonable and
allocable under MEP program procedures are
includable as a portion of the Center's
contribution.
[(D) Each applicant under subparagraph (A)
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.
[(7) Not later than 90 days after the date of
enactment of the National Institute of Standards and
Technology Authorization Act of 2010, the Comptroller
General shall submit to Congress a report on the cost
share requirements under the program. The report
shall--
[(A) discuss various cost share structures,
including the cost share structure in place
prior to such date of enactment, and the effect
of such cost share structures on individual
Centers and the overall program; and
[(B) include recommendations for how best to
structure the cost share requirement to provide
for the long-term sustainability of the
program.".
[(8) If consistent with the recommendations in the
report transmitted to Congress under paragraph (7), the
Secretary shall alter the cost structure requirements
specified under paragraph (3)(B) and (5) provided that
the modification does not increase the cost share
structure in place before the date of enactment of the
America COMPETES Reauthorization Act of 2010, or allow
the Secretary to provide a Center more than 50 percent
of the costs incurred by that Center.
[(d) Acceptance of Funds.--
[(1) In general.--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.
[(2) Allocation of funds.--
[(A) Funds accepted from other federal
departments or agencies.--The Director shall
determine whether funds accepted from other
Federal departments or agencies shall be
counted in the calculation of the Federal share
of capital and annual operating and maintenance
costs under subsection (c).
[(B) Funds accepted from the private
sector.--Funds accepted from the private sector
under section 2(c)(7), if allocated to a
Center, shall not be considered in the
calculation of the Federal share under
subsection (c) of this section.
[(e) MEP Advisory Board.--
[(1) Establishment.--There is established within the
Institute a Manufacturing Extension Partnership
Advisory Board (in this subsection referred to as the
``MEP Advisory Board'').
[(2) Membership.--
[(A) In general.--The MEP Advisory Board
shall consist of 10 members broadly
representative of stakeholders, to be appointed
by the Director. At least 2 members shall be
employed by or on an advisory board for the
Centers, and at least 5 other members shall be
from United States small businesses in the
manufacturing sector. No member shall be an
employee of the Federal Government.
[(B) Term.--Except as provided in
subparagraph (C) or (D), the term of office of
each member of the MEP Advisory Board shall be
3 years.
[(C) Classes.--The original members of the
MEP Advisory Board shall be appointed to 3
classes. One class of 3 members shall have an
initial term of 1 year, one class of 3 members
shall have an initial term of 2 years, and one
class of 4 members shall have an initial term
of 3 years.
[(D) Vacancies.--Any member appointed to fill
a vacancy occurring prior to the expiration of
the term for which his predecessor was
appointed shall be appointed for the remainder
of such term.
[(E) Serving consecutive terms.--Any person
who has completed two consecutive full terms of
service on the MEP Advisory Board shall
thereafter be ineligible for appointment during
the one-year period following the expiration of
the second such term.
[(3) Meetings.--The MEP Advisory Board shall meet not
less than 2 times annually, and provide to the
Director--
[(A) advice on Manufacturing Extension
Partnership programs, plans, and policies;
[(B) assessments of the soundness of
Manufacturing Extension Partnership plans and
strategies; and
[(C) assessments of current performance
against Manufacturing Extension Partnership
program plans.
[(4) Federal advisory committee act applicability.--
[(A) In general.--In discharging its duties
under this subsection, the MEP Advisory Board
shall function solely in an advisory capacity,
in accordance with the Federal Advisory
Committee Act.
[(B) Exception.--Section 14 of the Federal
Advisory Committee Act shall not apply to the
MEP Advisory Board.
[(5) Report.--The MEP Advisory Board shall transmit
an annual report to the Secretary for transmittal to
Congress within 30 days after the submission to
Congress of the President's annual budget request in
each year. Such report shall address the status of the
program established pursuant to this section and
comment on the relevant sections of the programmatic
planning document and updates thereto transmitted to
Congress by the Director under subsections (c) and (d)
of section 23.
[(f) Competitive Grant Program.--
[(1) Establishment.--The Director shall establish,
within the Centers program under this section and
section 26 of this Act, a program of competitive awards
among participants described in paragraph (2) for the
purposes described in paragraph (3).
[(2) Participants.--Participants receiving awards
under this subsection shall be the Centers, or a
consortium of such Centers.
[(3) Purpose.--The purpose of the program under this
subsection is to add capabilities to the MEP program,
including the development of projects to solve new or
emerging manufacturing problems as determined by the
Director, in consultation with the Director of the
Hollings MEP program, the Manufacturing Extension
Partnership Advisory Board, and small and medium-sized
manufacturers. One or more themes for the competition
may be identified, which may vary from year to year,
depending on the needs of manufacturers and the success
of previous competitions. Centers may be reimbursed for
costs incurred under the program. These themes--
[(A) shall be related to projects designed to
increase the viability both of traditional
manufacturing sectors and other sectors, such
as construction, that increasingly rely on
manufacturing through the use of manufactured
components and manufacturing techniques,
including supply chain integration and quality
management;
[(B) shall be related to projects related to
the transfer of technology based on the
technological needs of manufacturers and
available technologies from institutions of
higher education, laboratories, and other
technology producing entities; and
[(C) may extend beyond these traditional
areas to include projects related to
construction industry modernization.
[(4) Applications.--Applications for awards under
this subsection shall be submitted in such manner, at
such time, and containing such information as the
Director shall require, in consultation with the
Manufacturing Extension Partnership Advisory Board.
[(5) Selection.--
[(A) In general.--Awards under this section
shall be peer reviewed and competitively
awarded. The Director shall endeavor to select
at least one proposal in each of the 9
statistical divisions of the United States (as
designated by the Bureau of the Census). The
Director shall select proposals to receive
awards that will--
[(i) create jobs or train newly hired
employees;
[(ii) promote technology transfer and
commercialization of environmentally
focused materials, products, and
processes;
[(iii) increase energy efficiency;
and
[(iv) improve the competitiveness of
industries in the region in which the
Center or Centers are located.
[(B) Additional selection criteria.--The
Director may select proposals to receive awards
that will--
[(i) encourage greater cooperation
and foster partnerships in the region
with similar Federal, State, and
locally funded programs to encourage
energy efficiency and building
technology; and
[(ii) collect data and analyze the
increasing connection between
manufactured products and manufacturing
techniques, the future of construction
practices, and the emerging application
of products from the green energy
industries.
[(6) Program contribution.--Recipients of awards
under this subsection shall not be required to provide
a matching contribution.
[(7) Global marketplace projects.--In making awards
under this subsection, the Director, in consultation
with the Manufacturing Extension Partnership Advisory
Board and the Secretary of Commerce, may--
[(A) take into consideration whether an
application has significant potential for
enhancing the competitiveness of small and
medium-sized United States manufacturers in the
global marketplace; and
[(B) give a preference to applications for
such projects to the extent the Director deems
appropriate, taking into account the broader
purposes of this subsection.
[(7) Duration.--Awards under this section shall last
no longer than 3 years.
[(8) Eligible participants.--In addition to
manufacturing firms eligible to participate in the
Centers program, awards under this subsection may be
used by the Centers to assist small- or medium-sized
construction firms. Centers may be reimbursed under the
program for working with such eligible participants.
[(9) Authorization of appropriations.--In addition to
any amounts otherwise authorized or appropriated to
carry out this section, there are authorized to be
appropriated to the Secretary of Commerce $7,000,000
for each of the fiscal years 2011 through 2013 to carry
out this subsection.
[(g) Innovative Services Initiative.--
[(1) Establishment.--The Director shall establish,
within the Centers program under this section, an
innovative services initiative to assist small- and
medium-sized manufacturers in--
[(A) reducing their energy usage, greenhouse
gas emissions, and environmental waste to
improve profitability;
[(B) accelerating the domestic
commercialization of new product technologies,
including components for renewable energy and
energy efficiency systems; and
[(C) identification of and diversification to
new markets, including support for
transitioning to the production of components
for renewable energy and energy efficiency
systems.
[(2) Market demand.--The Director may not undertake
any activity to accelerate the domestic
commercialization of a new product technology under
this subsection unless an analysis of market demand for
the new product technology has been conducted.
[(h) Reports.--
[(1) In general.--In submitting the 3-year
programmatic planning document and annual updates under
section 23, the Director shall include an assessment of
the Director's governance of the program established
under this section.
[(2) Criteria.--In conducting the assessment, the
Director shall use the criteria established pursuant to
the Malcolm Baldrige National Quality Award under
section 17(d)(1)(C) of the Stevenson-Wydler Technology
Innovation Act of 1980 (15 U.S.C. 3711a(d)(1)(C)).
[(i) Designation.--
[(1) Hollings manufacturing extension partnership.--
The program under this section shall be known as the
``Hollings Manufacturing Extension Partnership''.
[(2) Hollings manufacturing extension centers.--The
Regional Centers for the Transfer of Manufacturing
Technology created and supported under subsection (a)
shall be known as the ``Hollings Manufacturing
Extension Centers'' (in this Act referred to as the
``Centers'').
[(j) Community College Defined.--In this section, the term
``community college'' means an institution of higher education
(as defined under section 101(a) of the Higher Education Act of
1965 (20 U.S.C. 1001(a))) at which the highest degree that is
predominately awarded to students is an associate's degree.
[(k) Evaluation of Obstacles Unique to Small Manufacturers.--
The Director shall--
[(1) evaluate obstacles that are unique to small
manufacturers that prevent such manufacturers from
effectively competing in the global market;
[(2) implement a comprehensive plan to train the
Centers to address such obstacles; and
[(3) facilitate improved communication between the
Centers to assist such manufacturers in implementing
appropriate, targeted solutions to such obstacles.]
SEC. 25. HOLLINGS MANUFACTURING EXTENSION PARTNERSHIP.
(a) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Commerce, Science, and
Transportation of the Senate; and
(B) the Committee on Science, Space, and
Technology of the House of Representatives.
(2) Area career and technical education school.--The
term ``area career and technical education school'' has
the meaning given the term in section 3 of the
Vocational Education Act of 1963 (20 U.S.C. 2302).
(3) Center.--The term ``Center'' means a
manufacturing extension center that--
(A) is created under subsection (b); and
(B) is affiliated with an eligible entity
that applies for and is awarded financial
support under subsection (e).
(4) Community college.--The term ``community
college'' means an institution of higher education (as
defined under section 101(a) of the Higher Education
Act of 1965 (20 U.S.C. 1001(a))) at which the highest
degree that is predominately awarded to students is an
associate's degree.
(5) Eligible entity.--The term ``eligible entity''
means a United States-based nonprofit institution, or
consortium thereof, an institution of higher education,
or a State, United States territory, local, or tribal
government.
(6) Hollings manufacturing extension partnership or
program.--The term ``Hollings Manufacturing Extension
Partnership'' or ``Program'' means the program
established under subsection (b).
(7) MEP advisory board.--The term ``MEP Advisory
Board'' means the Manufacturing Extension Partnership
Advisory Board established under subsection (n).
(b) Establishment and Purpose.--The Secretary, acting through
the Director and, if appropriate, through other Federal
officials, shall establish a program to provide assistance for
the creation and support of manufacturing extension centers for
the transfer of manufacturing technology and best business
practices.
(c) Objective.--The objective of the Program shall be to
enhance competitiveness, 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,
institutions of higher education, 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;
(5) the utilization, when appropriate, of the
expertise and capability that exists in Federal
agencies, other than the Institute, and federally-
sponsored laboratories;
(6) the provision to community colleges and area
career and technical education schools of information
about the job skills needed in manufacturing companies,
including small and medium-sized manufacturing
businesses in the regions they serve;
(7) the promotion and expansion of certification
systems, including efforts to assist small- and medium-
sized manufacturing businesses in creating new
apprenticeships or utilizing existing apprenticeships,
such as facilitating training and providing access to
information and experts, to address workforce needs and
skills gaps; and
(8) the growth in employment and wages at United
States-based small and medium-sized companies.
(d) Activities.--The activities of a Center shall include--
(1) the establishment of automated manufacturing
systems and other advanced production technologies,
based on Institute-supported research, 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) the facilitation of collaborations and
partnerships between small and medium-sized
manufacturing companies , community colleges, and area
career and technical education schools, to help those
entities better understand the specific needs of
manufacturers and to help manufacturers better
understand the skill sets that students learn in the
programs offered by such colleges and schools.
(e) Financial Assistance.--
(1) Authorization.--Except as provided in paragraph
(2), the Secretary may provide financial assistance for
the creation and support of a Center through a
cooperative agreement with an eligible entity.
(2) Cost sharing.--The Secretary may not provide more
than 50 percent of the capital and annual operating and
maintenance funds required to establish and support a
Center.
(3) Rule of construction.--For purposes of paragraph
(2), any amount received by an eligible entity for a
Center under a provision of law other than paragraph
(1) shall not be considered an amount provided under
paragraph (1).
(f) Applications.--
(1) In general.--An eligible entity shall submit an
application to the Secretary at such time, in such
manner, and containing such information as the
Secretary may require.
(2) Program description.--The Secretary shall
establish and update, as necessary--
(A) a description of the Program;
(B) the application procedures;
(C) performance metrics;
(D) criteria for determining qualified
applicants; and
(E) criteria for choosing recipients of
financial assistance from among the qualified
applicants.
(F) procedures for determining allowable cost
share contributions; and
(G) such other program policy objectives and
operational procedures as the Secretary
considers necessary.
(3) Cost sharing.--
(A) In general.--To be considered for
financial assistance under this section, an
applicant shall provide adequate assurances
that the applicant and if applicable, the
applicant's partnering organizations, will
obtain funding for not less than 50 percent of
the capital and annual operating and
maintenance funds required to establish and
support the Center from sources other than the
financial assistance provided under subsection
(e).
(B) Agreements with other entities.--In
meeting the cost-sharing requirement under
subparagraph (A), an eligible entity may enter
into an agreement with 1 or more other
entities, such as a private industry, an
institution of higher education, or a State,
United States territory, local, or tribal
government for the contribution by that other
entity of funding if the Secretary determines
the agreement--
(i) is programmatically reasonable;
(ii) will help accomplish
programmatic objectives; and
(iii) is allocable under Program
procedures under subsection (f)(2).
(4) Legal rights.--Each applicant shall include in
the application a proposal for the allocation of the
legal rights associated with any intellectual property
which may result from the activities of the Center.
(5) Merit review of applications.--
(A) In general.--The Secretary shall subject
each application to merit review.
(B) Considerations.--In making a decision
whether to approve an application and provide
financial assistance under subsection (e), the
Secretary shall consider, at a minimum--
(i) 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;
(ii) the quality of service to be
provided;
(iii) the geographical diversity and
extent of the service area; and
(iv) the type and percentage of
funding from other sources under
paragraph (3).
(g) Evaluations.--
(1) Third and eighth year evaluations by panel.--
(A) In general.--The Secretary shall ensure
that each Center is evaluated during its third
and eighth years of operation by an evaluation
panel appointed by the Secretary.
(B) Composition.--The Secretary shall ensure
that each evaluation panel appointed under
subparagraph (A) is composed of--
(i) private experts, none of whom are
connected with the Center evaluated by
the panel; and
(ii) Federal officials.
(C) Chairperson.--For each evaluation panel
appointed under subparagraph (B), the Secretary
shall appoint a chairperson who is an official
of the Institute.
(2) Fifth year evaluations by secretary.--In the
fifth year of operation of a Center, the Secretary
shall conduct a review of the Center.
(3) Performance measurement.--In evaluating a Center
an evaluation panel or the Secretary, as applicable,
shall measure the performance of the Center against--
(A) the objective specified in subsection
(c);
(B) the performance metrics under subsection
(f)(2)(C); and
(C) such other criterion as considered
appropriate by the Secretary.
(4) Positive evaluations.--If an evaluation of a
Center is positive, the Secretary may continue to
provide financial assistance for the Center--
(A) in the case of an evaluation occurring in
the third year of a Center, through the fifth
year of the Center;
(B) in the case of an evaluation occurring in
the fifth year of a Center, through the eighth
year of the Center; and
(C) in the case of an evaluation occurring in
the eighth year of a Center, through the tenth
year of the Center.
(5) Other than positive evaluations.--
(A) Probation.--If an evaluation of a Center
is other than positive, the Secretary shall put
the Center on probation during the period
beginning on the date that the Center receives
notice under subparagraph (B)(i) and ending on
the date that the reevaluation is complete
under subparagraph (B)(iii).
(B) Notice and reevaluation.--If a Center
receives an evaluation that is other than
positive, the evaluation panel or Secretary, as
applicable, shall--
(i) notify the Center of the reason,
including any deficiencies in the
performance of the Center identified
during the evaluation;
(ii) assist the Center in remedying
the deficiencies by providing the
Center, not less frequently than once
every 3 months, an analysis of the
Center, if considered appropriate by
the panel or Secretary, as applicable;
and
(iii) reevaluate the Center not later
than 1 year after the date of the
notice under clause (i).
(C) Continued support during period of
probation.--The Secretary may continue to
provide financial assistance under subsection
(e) for a Center during the probation period.
(6) Failure to remedy.--
(A) In general.--If a Center fails to remedy
a deficiency or to show significant improvement
in performance before the end of the probation
period under paragraph (5), the Secretary shall
conduct a competition to select an operator for
the Center under subsection (h).
(B) Treatment of centers subject to new
competition.--Upon the selection of an operator
for a Center under subsection (h), the Center
shall be considered a new Center and the
calculation of the years of operation of that
Center for purposes of paragraphs (1) through
(5) of this subsection and subsection (h)(1)
shall start anew.
(h) Reapplication Competition for Financial Assistance After
10 Years.--
(1) In general.--If an eligible entity has operated a
Center under this section for a period of 10
consecutive years, the Secretary shall conduct a
competition to select an eligible entity to operate the
Center in accordance with the process plan under
subsection (i).
(2) Incumbent eligible entities.--An eligible entity
that has received financial assistance under this
section for a period of 10 consecutive years and that
the Secretary determines is in good standing shall be
eligible to compete in the competition under paragraph
(1).
(3) Treatment of centers subject to reapplication
competition.--Upon the selection of an operator for a
Center under paragraph (1), the Center shall be
considered a new Center and the calculation of the
years of operation of that Center for purposes of
paragraphs (1) through (5) of subsection (g) shall
start anew.
(i) Process Plan.--Not later than 180 days after the date of
the enactment of the American Innovation and Competitiveness
Act, the Secretary shall implement and submit to Congress a
plan for how the Institute will conduct an evaluation,
competition, and reapplication competition under this section.
(j) Operational Requirements.--
(1) Protection of confidential information of center
clients.--The following information, if obtained by the
Federal Government in connection with an activity of a
Center or the Program, shall be exempt from public
disclosure under section 552 of title 5, United States
Code:
(A) Information on the business operation of
any participant in the Program or of a client
of a Center.
(B) Trade secrets of any client of a Center.
(k) Oversight Boards.--
(1) In general.--As a condition on receipt of
financial assistance for a Center under subsection (e),
an eligible entity shall establish a board to oversee
the operations of the Center.
(2) Standards.--
(A) In general.--The Director shall establish
appropriate standards for each board described
under paragraph (1).
(B) Considerations.--In establishing the
standards, the Director shall take into account
the type and organizational structure of an
eligible entity.
(C) Requirements.--The standards shall
address, at a minimum--
(i) membership;
(ii) composition;
(iii) term limits;
(iv) conflicts of interest; and
(v) whether to limit board members
serving on multiple boards under this
section.
(3) Membership.--
(A) In general.--Each board established under
paragraph (1) shall be composed of members as
follows:
(i) The membership of each board
shall be representative of stakeholders
in the region in which the Center is
located.
(ii) A majority of the members of the
board shall be selected from among
individuals who own or are employed by
small or medium-sized manufacturers.
(B) Limitation.--A member of a board
established under paragraph (1) may not serve
on more than 1 board established under that
paragraph.
(4) Bylaws.--
(A) In general.--Each board established under
paragraph (1) shall adopt and submit to the
Director bylaws to govern the operation of the
board.
(B) Conflicts of interest.--Bylaws adopted
under subparagraph (A) shall include policies
to minimize conflicts of interest, including
such policies relating to disclosure of
relationships and recusal as may be necessary
to minimize conflicts of interest.
(l) Acceptance of Funds.--In addition to such sums as may be
appropriated to the Secretary and Director to operate the
Program, the Secretary and Director may also accept funds from
other Federal departments and agencies and from the private
sector under section 2(c)(7) of this Act (15 U.S.C. 272(c)(7)),
to be available to the extent provided by appropriations Acts,
for the purpose of strengthening United States manufacturing.
(m) MEP Advisory Board.--
(1) Establishment.--There is established within the
Institute a Manufacturing Extension Partnership
Advisory Board.
(2) Membership.--
(A) Composition.--
(i) In general.--The MEP Advisory
Board shall consist of not fewer than
10 members appointed by the Director
and broadly representative of
stakeholders.
(ii) Requirements.--Of the members
appointed under clause (i)--
(I) at least 2 members shall
be employed by or on an
advisory board for a Center;
and
(II) at least 5 other members
shall be from United States
small businesses in the
manufacturing sector.
(iii) Limitation.--No member of the
MEP Advisory Board shall be an employee
of the Federal Government.
(B) Term.--Except as provided in subparagraph
(C), the term of office of each member of the
MEP Advisory Board shall be 3 years.
(C) Vacancies.--Any member appointed to fill
a vacancy occurring prior to the expiration of
the term for which his predecessor was
appointed shall be appointed for the remainder
of such term.
(D) Serving consecutive terms.--Any person
who has completed 2 consecutive full terms of
service on the MEP Advisory Board shall
thereafter be ineligible for appointment during
the 1-year period following the expiration of
the second such term.
(3) Meetings.--The MEP Advisory Board shall--
(A) meet not less than biannually; and
(B) provide to the Director--
(i) advice on the activities, plans,
and policies of the Program;
(ii) assessments of the soundness of
the plans and strategies of the
Program; and
(iii) assessments of current
performance against the plans of the
Program.
(4) FACA applicability.--
(A) In general.--In discharging its duties
under this subsection, the MEP Advisory Board
shall function solely in an advisory capacity,
in accordance with the Federal Advisory
Committee Act (5 U.S.C. App.).
(B) Exception.--Section 14 of the Federal
Advisory Committee Act shall not apply to the
MEP Advisory Board.
(5) Annual report.--
(A) In general.--At a minimum, the MEP
Advisory Board shall transmit an annual report
to the Secretary for transmittal to Congress
not later than 30 days after the submission to
Congress of the President's annual budget
request in each year.
(B) Contents.--The report shall address the
status of the Program and describe the relevant
sections of the programmatic planning document
and updates thereto transmitted to Congress by
the Director under subsections (c) and (d) of
section 23 (15 U.S.C. 278i).
(n) Small Manufacturers.--
(1) Evaluation of obstacles.--As part of the Program,
the Director shall--
(A) identify obstacles that prevent small
manufacturers from effectively competing in the
global market;
(B) implement a comprehensive plan to train
the Centers to address the obstacles identified
in paragraph (2); and
(C) facilitate improved communication between
the Centers to assist such manufacturers in
implementing appropriate, targeted solutions to
the obstacles identified in paragraph (2).
(2) Development of open access resources.--As part of
the Program, the Secretary shall develop open access
resources that address best practices related to
inventory sourcing, supply chain management,
manufacturing techniques, available Federal resources,
and other topics to further the competitiveness and
profitability of small manufacturers.
SEC. 25A. COMPETITIVE AWARDS PROGRAM.
(a) Establishment.--The Director shall establish within the
Hollings Manufacturing Extension Partnership under section 25
(15 U.S.C. 278k) and section 26 (15 U.S.C. 278l) a program of
competitive awards among participants described in subsection
(b) of this section for the purposes described in subsection
(c).
(b) Participants.--Participants receiving awards under this
section shall be Centers, or a consortium of Centers.
(c) Purpose, Themes, and Reimbursement.--
(1) Purpose.--The purpose of the program established
under subsection (a) is to add capabilities to the
Hollings Manufacturing Extension Partnership, including
the development of projects to solve new or emerging
manufacturing problems as determined by the Director,
in consultation with the Director of the Hollings
Manufacturing Extension Partnership, the MEP Advisory
Board, other Federal agencies, and small and medium-
sized manufacturers.
(2) Themes.--The Director may identify 1 or more
themes for a competition carried out under this
section, which may vary from year to year, as the
Director considers appropriate after assessing the
needs of manufacturers and the success of previous
competitions.
(3) Reimbursement.--Centers may be reimbursed for
costs incurred by the Centers under this section.
(d) Applications.--Applications for awards under this section
shall be submitted in such manner, at such time, and containing
such information as the Director shall require in consultation
with the MEP Advisory Board.
(e) Selection.--
(1) Peer review and competitively awarded.--The
Director shall ensure that awards under this section
are peer reviewed and competitively awarded.
(2) Geographic diversity.--The Director shall
endeavor to have broad geographic diversity among
selected proposals.
(3) Criteria.--The Director shall select applications
to receive awards that the Director determines will
achieve 1 or more of the following:
(A) Improve the competitiveness of industries
in the region in which the Center or Centers
are located.
(B) Create jobs or train newly hired
employees.
(C) Promote the transfer and
commercialization of research and technology
from institutions of higher education, national
laboratories or other Federally-funded research
programs, and nonprofit research institutes.
(D) Recruit a diverse manufacturing
workforce, including through outreach to women
and minorities.
(E) Such other result as the Director
determines will advance the objective set forth
in section 25(c) (15 U.S.C. 278k) or in section
26 (15 U.S.C. 278l).
(f) Program Contribution.--Recipients of awards under this
section shall not be required to provide a matching
contribution.
(g) Global Marketplace Projects.--In making an award under
this section, the Director, in consultation with the MEP
Advisory Board and the Secretary, may take into consideration
whether an application has significant potential for enhancing
the competitiveness of small and medium-sized United States
manufacturers in the global marketplace.
(h) Duration.--The duration of an award under this section
shall be for not more than 3 years.
(i) Definitions.--The terms used in this section have the
meanings given the terms in section 25 (15 U.S.C. 278k).
SEC. 26. ASSISTANCE TO STATE TECHNOLOGY PROGRAMS.
[15 U.S.C. 278l]
(a) In addition to the [Centers program created] Hollings
Manufacturing Extension Partnership under section 25, the
Secretary, through the Director and, if appropriate, through
other officials, shall provide technical assistance to State
technology programs throughout the United States, in order to
help those programs help businesses, particularly small- and
medium-sized businesses, to enhance their competitiveness
through the application of science and technology.
(b) Such assistance from the Institute to State technology
programs shall include, but not be limited to--
(1) technical information and advice from Institute
personnel;
(2) workshops and seminars for State officials
interested in transferring Federal technology to
businesses; and
(3) entering into cooperative agreements when
authorized to do so under this or any other Act.
[SEC. 28. TECHNOLOGY INNOVATION PROGRAM.
[15 U.S.C. 278n]
[(a) Establishment.--There is established within the
Institute a program linked to the purpose and functions of the
Institute, to be known as the ``Technology Innovation Program''
for the purpose of assisting United States businesses and
institutions of higher education or other organizations, such
as national laboratories and nonprofit research institutions,
to support, promote, and accelerate innovation in the United
States through high-risk, high-reward research in areas of
critical national need.
[(b) External Funding.--
[(1) In general.--The Director shall award
competitive, merit-reviewed grants, cooperative
agreements, or contracts to--
[(A) eligible companies that are small-sized
businesses or medium-sized businesses; or
[(B) joint ventures.
[(2) Single company awards.--No award given to a
single company shall exceed $3,000,000 over 3 years.
[(3) Joint venture awards.--No award given to a joint
venture shall exceed $9,000,000 over 5 years.
[(4) Federal cost share.--The Federal share of a
project funded by an award under the program shall not
be more than 50 percent of total project costs.
[(5) Prohibitions.--Federal funds awarded under this
program may be used only for direct costs and not for
indirect costs, profits, or management fees of a
contractor. Any business that is not a small-sized or
medium-sized business may not receive any funding under
this program.
[(c) Award Criteria.--The Director shall only provide
assistance under this section to an entity--
[(1) whose proposal has scientific and technical
merit and may result in intellectual property vesting
in a United States entity that can commercialize the
technology in a timely manner;
[(2) whose application establishes that the proposed
technology has strong potential to address critical
national needs through transforming the Nation's
capacity to deal with major societal challenges that
are not currently being addressed, and generate
substantial benefits to the Nation that extend
significantly beyond the direct return to the
applicant;
[(3) whose application establishes that the research
has strong potential for advancing the state-of-the-art
and contributing significantly to the United States
science and technology knowledge base;
[(4) whose proposal explains why Technology
Innovation Program support is necessary, including
evidence that the research will not be conducted within
a reasonable time period in the absence of financial
assistance under this section;
[(5) whose application demonstrates that reasonable
efforts have been made to secure funding from
alternative funding sources and no other alternative
funding sources are reasonably available to support the
proposal; and
[(6) whose application explains the novelty of the
technology and demonstrates that other entities have
not already developed, commercialized, marketed,
distributed, or sold similar technologies.
[(d) Competitions.--The Director shall solicit proposals at
least annually to address areas of critical national need for
high-risk, high-reward projects.
[(e) Intellectual Property Rights Ownership.--
[(1) In general.--Title to any intellectual property
developed by a joint venture from assistance provided
under this section may vest in any participant in the
joint venture, as agreed by the members of the joint
venture, notwithstanding section 202 (a) and (b) of
title 35, United States Code. The United States may
reserve a nonexclusive, nontransferable, irrevocable
paid-up license, to have practice for or on behalf of
the United States in connection with any such
intellectual property, but shall not in the exercise of
such license publicly disclose proprietary information
related to the license. Title to any such intellectual
property shall not be transferred or passed, except to
a participant in the joint venture, until the
expiration of the first patent obtained in connection
with such intellectual property.
[(2) Licensing.--Nothing in this subsection shall be
construed to prohibit the licensing to any company of
intellectual property rights arising from assistance
provided under this section.
[(3) Definition.--For purposes of this subsection,
the term ``intellectual property'' means an invention
patentable under title 35, United States Code, or any
patent on such an invention, or any work for which
copyright protection is available under title 17,
United States Code.
[(f) Program Operation.--Not later than 9 months after the
date of the enactment of this section, the Director shall
promulgate regulations--
[(1) establishing criteria for the selection of
recipients of assistance under this section;
[(2) establishing procedures regarding financial
reporting and auditing to ensure that awards are used
for the purposes specified in this section, are in
accordance with sound accounting practices, and are not
funding existing or planned research programs that
would be conducted within a reasonable time period in
the absence of financial assistance under this section;
and
[(3) providing for appropriate dissemination of
Technology Innovation Program research results.
[(g) Continuation of ATP Grants.--The Director shall, through
the Technology Innovation Program, continue to provide support
originally awarded under the Advanced Technology Program, in
accordance with the terms of the original award and consistent
with the goals of the Technology Innovation Program.
[(h) Coordination With Other State and Federal Technology
Programs.--In carrying out this section, the Director shall, as
appropriate, coordinate with other senior State and Federal
officials to ensure cooperation and coordination in State and
Federal technology programs and to avoid unnecessary
duplication of efforts.
[(i) Acceptance of Funds From Other Federal Agencies.--In
addition to amounts appropriated to carry out this section, the
Secretary and the Director may accept funds from other Federal
agencies to support awards under the Technology Innovation
Program. Any award under this section which is supported with
funds from other Federal agencies shall be selected and carried
out according to the provisions of this section. Funds accepted
from other Federal agencies shall be included as part of the
Federal cost share of any project funded under this section.
[(j) TIP Advisory Board.--
[(1) Establishment.--There is established within the
Institute a TIP Advisory Board.
[(2) Membership.--
[(A) In general.--The TIP Advisory Board
shall consist of 10 members appointed by the
Director, at least 7 of whom shall be from
United States industry, chosen to reflect the
wide diversity of technical disciplines and
industrial sectors represented in Technology
Innovation Program projects. No member shall be
an employee of the Federal Government.
[(B) Term.--Except as provided in
subparagraph (C) or (D), the term of office of
each member of the TIP Advisory Board shall be
3 years.
[(C) Classes.--The original members of the
TIP Advisory Board shall be appointed to 3
classes. One class of 3 members shall have an
initial term of 1 year, one class of 3 members
shall have an initial term of 2 years, and one
class of 4 members shall have an initial term
of 3 years.
[(D) Vacancies.--Any member appointed to fill
a vacancy occurring prior to the expiration of
the term for which his predecessor was
appointed shall be appointed for the remainder
of such term.
[(E) Serving consecutive terms.--Any person
who has completed 2 consecutive full terms of
service on the TIP Advisory Board shall
thereafter be ineligible for appointment during
the 1-year period following the expiration of
the second such term.
[(3) Purpose.--The TIP Advisory Board shall meet not
less than 2 times annually, and provide the Director--
[(A) advice on programs, plans, and policies
of the Technology Innovation Program;
[(B) reviews of the Technology Innovation
Program's efforts to accelerate the research
and development of challenging, high-risk,
high-reward technologies in areas of critical
national need;
[(C) reports on the general health of the
program and its effectiveness in achieving its
legislatively mandated mission; and
[(D) guidance on investment areas that are
appropriate for Technology Innovation Program
funding;
[(4) Advisory capacity.--In discharging its duties
under this subsection, the TIP Advisory Board shall
function solely in an advisory capacity, in accordance
with the Federal Advisory Committee Act.
[(k) Definitions.--In this section--
[(1) the term ``eligible company'' means a small-
sized or medium-sized business that is incorporated in
the United States and does a majority of its business
in the United States, and that either--
[(A) is majority owned by citizens of the
United States; or
[(B) is owned by a parent company
incorporated in another country and the
Director finds that--
[(i) the company's participation in
the Technology Innovation Program would
be in the economic interest of the
United States, as evidenced by--
[(I) investments in the
United States in research and
manufacturing;
[(II) significant
contributions to employment in
the United States; and
[(III) agreement with respect
to any technology arising from
assistance provided under this
section to promote the
manufacture within the United
States of products resulting
from that technology; and
[(ii) the company is incorporated in
a country which--
[(I) affords to United
States-owned companies
opportunities, comparable to
those afforded to any other
company, to participate in any
joint venture similar to those
receiving funding under this
section;
[(II) affords to United
States-owned companies local
investment opportunities
comparable to those afforded
any other company; and
[(III) affords adequate and
effective protection for
intellectual property rights of
United States-owned companies;
[(2) the term ``high-risk, high-reward research''
means research that--
[(A) has the potential for yielding
transformational results with far-ranging or
wide-ranging implications;
[(B) addresses critical national needs within
the National Institute of Standards and
Technology's areas of technical competence; and
[(C) is too novel or spans too diverse a
range of disciplines to fare well in the
traditional peer-review process;
[(3) the term ``institution of higher education'' has
the meaning given that term in section 101 of the
Higher Education Act of 1965 (20 U.S.C. 1001);
[(4) the term ``joint venture'' means a joint venture
that--
[(A) includes either--
[(i) at least 2 separately owned for-
profit companies that are both
substantially involved in the project
and both of which are contributing to
the cost-sharing required under this
section, with the lead entity of the
joint venture being one of those
companies that is a small-sized or
medium-sized business; or
[(ii) at least 1 small-sized or
medium-sized business and 1 institution
of higher education or other
organization, such as a national
laboratory or nonprofit research
institute, that are both substantially
involved in the project and both of
which are contributing to the cost-
sharing required under this section,
with the lead entity of the joint
venture being either that small-sized
or medium-sized business or that
institution of higher education; and
[(B) may include additional for-profit
companies, institutions of higher education,
and other organizations, such as national
laboratories and nonprofit research institutes,
that may or may not contribute non-Federal
funds to the project; and
[(5) the term ``TIP Advisory Board'' means the
advisory board established under subsection (j).]
SMALL BUSINESS JOBS ACT OF 2010
[Public Law 111-240; 124 Stat. 2504]
SEC. 4226. HOLLINGS MANUFACTURING PARTNERSHIP PROGRAM; TECHNOLOGY
INNOVATION PROGRAM.
[15 U.S.C. 278n note]
* * * * * * *
[(b) Technology Innovation Program.--In awarding grants,
cooperative agreements, or contracts under section 28 of the
National Institute of Standards and Technology Act (15 U.S.C.
278n), in addition to the award criteria set forth in
subsection (c) of that section, the Director of the National
Institute of Standards and Technology may take into
consideration whether an application has significant potential
for enhancing the competitiveness of small- and medium-sized
businesses in the United States in the global marketplace. The
Director shall consult with the Technology Innovation Program
Advisory Board and the Secretary of Commerce in implementing
this subsection.]
STEVENSON-WYDLER TECHNOLOGY INNOVATION ACT OF 1980
[15 U.S.C. 3701 et seq.]
SEC. 8. GRANTS AND COOPERATIVE AGREEMENTS.
[15 U.S.C. 3706]
(a) In General.--The Secretary may make grants and enter into
cooperative agreements according to the provisions of this
section in order to assist any activity consistent with this
Act, including activities performed by individuals. [The total
amount of any such grant or cooperative agreement may not
exceed 75 percent of the total cost of the program.]
(b) Eligibility and Procedure.--Any person or institution may
apply to the Secretary for a grant or cooperative agreement
available under this section. Application shall be made in such
form and manner, and with such content and other submissions,
as the Assistant Secretary shall prescribe. The Secretary shall
act upon each such application within 90 days after the date on
which all required information is received.
(c) Terms and Conditions.--
(1) Any grant made, or cooperative agreement entered
into, under this section shall be subject to the
limitations and provisions set forth in paragraph (2)
of this subsection, and to such other terms,
conditions, and requirements as the Secretary deems
necessary or appropriate.
(2) Any person who receives or utilizes any proceeds
of any grant made or cooperative agreement entered into
under this section shall keep such records as the
Secretary shall by regulation prescribe as being
necessary and appropriate to facilitate effective audit
and evaluation, including records which fully disclose
the amount and disposition by such recipient of such
proceeds, the total cost of the program or project in
connection with which such proceeds were used, and the
amount, if any, of such costs which was provided
through other sources.
SEC. 24. PRIZE COMPETITIONS.
[15 U.S.C. 3719]
(a) Definitions.--In this section:
(1) Agency.--The term ``agency'' means a Federal
agency.
(2) Director.--The term ``Director'' means the
Director of the Office of Science and Technology
Policy.
(3) Federal agency.--The term ``Federal agency'' has
the meaning given under section 4, except that term
shall not include any agency of the legislative branch
of the Federal Government.
(4) Head of an agency.--The term ``head of an
agency'' means the head of a Federal agency.
(b) In General.--Each head of an agency, or the heads of
multiple agencies in cooperation, may carry out a program to
award prizes competitively to stimulate innovation that has the
potential to advance the mission of the respective agency.
(c) [Prizes] Prize Competitions.--For purposes of this
section, a [prize may be one or more of the following] prize
competition may be 1 or more of the following types of
activities:
(1) A point solution prize that rewards and spurs the
development of solutions for a particular, well-defined
problem.
(2) An exposition prize competition that helps
identify and promote a broad range of ideas and
practices that may not otherwise attract attention,
facilitating further development of the idea or
practice by third parties.
(3) Participation [prizes] prize competitions that
create value during and after the competition by
encouraging contestants to change their behavior or
develop new skills that may have beneficial effects
during and after the competition.
(4) Such other types of [prizes] prize competitions
as each head of an agency considers appropriate to
stimulate innovation that has the potential to advance
the mission of the respective agency.
(d) Topics.--In selecting topics for prize competitions, the
head of an agency shall consult widely both within and outside
the Federal Government, and may empanel advisory committees.
(e) Advertising.--The head of an agency shall widely
advertise each prize competition to encourage broad
participation.
(f) Requirements and Registration.--For each prize
competition, the head of an agency shall publish a notice [in
the Federal Register] on a publicly accessible Government
website, such as www.challenge.gov, announcing--
(1) the subject of the prize competition;
(2) the rules for being eligible to participate in
the prize competition;
(3) the process for participants to register for the
prize competition;
(4) the amount of the [prize] cash prize purse or
non-cash prize award; and
(5) the basis on which a winner will be selected.
(g) Eligibility.--To be eligible to win a [prize] cash prize
purse under this section, an individual or entity--
(1) shall have registered to participate in the prize
competition under any rules promulgated by the head of
an agency under subsection (f);
(2) shall have complied with all the requirements
under this section;
(3) in the case of a private entity, shall be
incorporated in and maintain a primary place of
business in the United States, and in the case of an
individual, whether participating singly or in a group,
shall be a citizen or permanent resident of the United
States; and
(4) may not be a Federal entity or Federal employee
acting within the scope of their employment.
(h) Consultation With Federal Employees.--An individual or
entity shall not be deemed ineligible under subsection (g)
because the individual or entity used Federal facilities or
consulted with Federal employees during a prize competition if
the facilities and employees are made available to all
individuals and entities participating in the prize competition
on an equitable basis.
(i) Liability.--
(1) In general.--
(A) Definition.--In this paragraph, the term
``related entity'' means a contractor or
subcontractor at any tier, and a supplier,
user, customer, cooperating party, grantee,
investigator, or detailee.
(B) Liability.--Registered participants shall
be required to agree to assume any and all
risks and waive claims against the Federal
Government and its related entities, except in
the case of willful misconduct, for any injury,
death, damage, or loss of property, revenue, or
profits, whether direct, indirect, or
consequential, arising from their participation
in a prize competition, whether the injury,
death, damage, or loss arises through
negligence or otherwise.
(2) Insurance.--Participants shall be required to
obtain liability insurance or demonstrate financial
responsibility, in amounts determined by the head of an
agency, for claims by--
(A) a third party for death, bodily injury,
or property damage, or loss resulting from an
activity carried out in connection with
participation in a prize competition, with the
Federal Government named as an additional
insured under the registered participant's
insurance policy and registered participants
agreeing to indemnify the Federal Government
against third party claims for damages arising
from or related to prize competition
activities; and
(B) the Federal Government for damage or loss
to Government property resulting from such an
activity.
(3) Waivers.--
(A) In general.--An agency may waive the
requirement under paragraph (2).
(B) List.--The Director shall include a list
of all of the waivers granted under this
paragraph during the preceding fiscal year,
including a detailed explanation of the reason
for granting the waiver.
[(3)](4) Exception.--The head of an agency may not
require a participant to waive claims against the
administering entity arising out of the unauthorized
use or disclosure by the agency of the intellectual
property, trade secrets, or confidential business
information of the participant.
(j) Intellectual Property.--
(1) Prohibition on the government acquiring
intellectual property rights.--The Federal Government
may not gain an interest in intellectual property
developed by a participant in a prize competition
without the written consent of the participant.
[(2) Licenses.--The Federal Government may negotiate
a license for the use of intellectual property
developed by a participant for a competition.]
(2) Licenses.--As appropriate and to further the
goals of a prize competition, the Federal Government
may--
(A) negotiate a license for the use of
intellectual property developed by a registered
participant in a prize competition; or
(B) require a registered participant in a
prize competition to provide an open license to
the public for the use of the intellectual
property if that requirement is disclosed prior
to registration.
(3) Electronic consent.--The Federal Government may
obtain consent to the intellectual property and
licensing terms of a prize competition from
participants during the online registration for the
prize competition.
(k) Judges.--
(1) In general.--For [each competition] each prize
competition, the head of an agency, either directly or
through an agreement under subsection (l), shall
appoint one or more qualified judges to select the
winner or winners of the prize competition on the basis
described under subsection (f). Judges for [each
competition] each prize competition may include
individuals from outside the agency, including from the
private sector.
(2) Restrictions.--A judge may not--
(A) have personal or financial interests in,
or be an employee, officer, director, or agent
of any entity that is a registered participant
in a prize competition; or
(B) have a familial or financial relationship
with an individual who is a registered
participant.
(3) Guidelines.--The heads of agencies who carry out
prize competitions under this section shall develop
guidelines to ensure that the judges appointed for such
prize competitions are fairly balanced and operate in a
transparent manner.
(4) Exemption from faca.--The Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to any
committee, board, commission, panel, task force, or
similar entity, created solely for the purpose of
judging prize competitions under this section.
(l) Administering the Competition.--The head of an agency may
enter into [an agreement with a private, nonprofit entity to
administer a prize competition, subject to the provisions of
this section.] a grant, contract, cooperative agreement, or
other agreement with a private sector for-profit or nonprofit
entity or State or local government agency to administer the
prize competition, subject to the provisions of this section.
(m) Funding.--
[(1) In general.--Support for a prize competition
under this section, including financial support for the
design and administration of a prize or funds for a
monetary prize purse, may consist of Federal
appropriated funds and funds provided by the private
sector for such cash prizes. The head of an agency may
accept funds from other Federal agencies to support
such competitions. The head of an agency may not give
any special consideration to any private sector entity
in return for a donation.]
(1) In general.--Support for a prize competition
under this section, including financial support for the
design and administration of a prize competition or
funds for a cash prize purse, may consist of Federal
appropriated funds and funds provided by private sector
for-profit and nonprofit entities. The head of an
agency may request and accept funds from other Federal
agencies, State, United States territory, local, or
tribal government agencies, private sector for-profit
entities, and nonprofit entities, to be available to
the extent provided by appropriations Acts, to support
such prize competitions. The head of an agency may not
give any special consideration to any agency or entity
in return for a donation.
(2) Availability of funds.--Notwithstanding any other
provision of law, funds appropriated for [prize awards]
cash prize purses or non-cash prize awards under this
section shall remain available until expended. No
provision in this section permits obligation or payment
of funds in violation of section 1341 of title 31,
United States Code.
(3) Amount of prize.--
[(A) Announcement.--No prize may be announced
under subsection (f) until all the funds needed
to pay out the announced amount of the prize
have been appropriated or committed in writing
by a private source.]
(A) Announcement.--No prize competition may
be announced under subsection (f) until all the
funds needed to pay out the announced amount of
the cash prize purse have been appropriated or
committed in writing by a private or State,
United States territory, local, or tribal
government source.
(B) Increase in amount.--The head of an
agency may increase the amount of [a prize] a
cash prize purse or non-cash prize award after
an initial announcement is made under
subsection (f) only if--
(i) notice of the increase is
provided in the same manner as the
initial notice of the prize
competition; and
(ii) the funds needed to pay out the
announced amount of the increase have
been appropriated or committed in
writing by a private o r State, United
States territory, local, or tribal
government source.
(4) Limitation on amount.--
(A) Notice to congress.--No prize competition
under this section may offer [a prize] a cash
prize purse or a non-cash prize award in an
amount greater than $50,000,000 unless 30 days
have elapsed after written notice has been
transmitted to the Committee on Commerce,
Science, and Transportation of the Senate and
the Committee on [Science and Technology]
Science, Space, and Technology of the House of
Representatives.
(B) Approval of head of agency.--No prize
competition under this section may result in
the award of more than $1,000,000 in [cash
prizes] cash prize purses or non-cash prize
awards without the approval of the head of an
agency.
(n) General [Service] Services Administration Assistance.--
Not later than 180 days after the date of [the enactment of the
America COMPETES Reauthorization Act of 2010,] the date of
enactment of the American Innovation and Competitiveness Act,
the General Services Administration shall provide government
wide services to share best practices and assist agencies in
developing guidelines for issuing prize competitions. The
General Services Administration shall develop a contract
vehicle for both for-profit and nonprofit entities and State,
United States territory, local, and tribal government entities,
to provide agencies access to relevant products and services,
including technical assistance in structuring and conducting
prize competitions to take maximum benefit of the marketplace
as they identify and pursue prize competitions to further the
policy objectives of the Federal Government.
(o) Compliance With Existing Law.--
(1) In general.--The Federal Government shall not, by
virtue of offering [or providing a prize] a prize
competition or providing a cash prize purse or non-cash
prize award under this section, be responsible for
compliance by registered participants in a prize
competition with Federal law, including licensing,
export control, and nonproliferation laws, and related
regulations.
(2) Other prize authority.--Nothing in this section
affects the prize authority authorized by any other
provision of law.
(p) [Annual] Biennial Report.--
(1) In general.--Not later than March 1 of [each
year] every other year, the Director shall submit to
the Committee on Commerce, Science, and Transportation
of the Senate and the Committee on [Science and
Technology] Science, Space, and Technology of the House
of Representatives a report on the activities carried
out during the preceding [fiscal year] 2 fiscal years
under the authority in subsection (b).
(2) Information included.--[The report for a fiscal
year] A report under this subsection shall include, for
each prize competition under subsection (b), the
following:
(A) Proposed goals.--A description of the
proposed goals of each prize competition.
(B) Preferable method.--An analysis of why
the utilization of the authority in subsection
(b) was the preferable method of achieving the
goals described in subparagraph (A) as opposed
to other authorities available to the agency,
such as contracts, grants, and cooperative
agreements.
(C) Amount of cash [prizes] prize purses or
non-cash prize awards.--The total amount of
[cash prizes] cash prize purses or non-cash
prize awards awarded for each prize
competition, including a description of amount
of private funds contributed to the program,
the sources of such funds, and the manner in
which the amounts of [cash prizes] cash prize
purses or non-cash prize awards awarded and
claimed were allocated among the accounts of
the agency for recording as obligations and
expenditures.
(D) Solicitations and evaluation of
submissions.--The methods used for the
solicitation and evaluation of submissions
under each prize competition, together with an
assessment of the effectiveness of such methods
and lessons learned for future prize
competitions.
(E) Resources.--A description of the
resources, including personnel and funding,
used in the execution of each prize competition
together with a detailed description of the
activities for which such resources were used
and an accounting of how funding for execution
was allocated among the accounts of the agency
for recording as obligations and expenditures.
(F) Results.--A description of how each prize
competition advanced the mission of the agency
concerned.
(G) Plan.--A description of crosscutting
topical areas and agency-specific mission needs
that may be the strongest opportunities for
prize competitions during the upcoming 2 fiscal
years.
SEC. 26. FEDERAL LOAN GUARANTEES FOR INNOVATIVE TECHNOLOGIES IN
MANUFACTURING.
[15 U.S.C. 3721]
* * * * * * *
(o) Coordination and Nonduplication.--
(1) In general.--To the maximum extent practicable,
the Secretary shall ensure that the activities carried
out under this section are coordinated with, and do not
duplicate the efforts of, other loan guarantee programs
within the Federal Government.
(2) Access to capital.--The Secretary, in
coordination with the Small Business Administration and
the National Institute of Standards and Technology,
shall identify any gaps in the access of small- or
medium-sized manufacturers to capital for the use or
production of innovative technologies that the program
could fill, and develop marketing materials and conduct
outreach to target those gaps.
* * * * * * *
SEC. 27. REGIONAL INNOVATION PROGRAM.
[15 U.S.C. 3722]
* * * * * * *
(g) Funding.--
(1) General rule.--Except as provided in paragraph
(2), no funds are authorized to be appropriated by the
Revitalize American Manufacturing and Innovation Act of
2014 for carrying out this section.
[(2) Authority.--To the extent provided for in
advance by appropriations Acts, the Secretary may use
not to exceed $10,000,000 for each of the fiscal years
2015 through 2019 to carry out this section from
amounts appropriated for economic development
assistance programs.]
(2) Authorization levels.--From amounts appropriated
for economic development assistance programs, the
Secretary may use $30,000,000 for each of the fiscal
years 2017 and 2018 for grants under this section.
SEC. 28. STEM APPRENTICESHIP PROGRAMS.
(a) In General.--The Secretary of Commerce may carry out a
grant program to identify the need for skilled science,
technology, engineering, and mathematics (referred to in this
section as ``STEM'') workers and to expand STEM apprenticeship
programs.
(b) Eligible Recipient Defined.--In this section, the term
``eligible recipient'' means--
(1) a State;
(2) an Indian tribe;
(3) a city or other political subdivision of a State;
(4) an entity that--
(A) is a nonprofit organization, an
institution of higher education, a public-
private partnership, a science or research
park, a Federal laboratory, or an economic
development organization or similar entity; and
(B) has an application that is supported by a
State, a political subdivision of a State, or a
native organization; or
(5) a consortium of any of the entities described in
paragraphs (1) through (5).
(c) Needs Assessment Grants.--The Secretary of Commerce may
provide a grant to an eligible recipient to conduct a needs
assessment to identify--
(1) the unmet need of a region's employer base for
skilled STEM workers;
(2) the potential of STEM apprenticeships to address
the unmet need described in paragraph (1); and
(3) any barriers to addressing the unmet need
described in paragraph (1).
(d) Apprenticeship Expansion Grants.--The Secretary of
Commerce may provide a grant to an eligible recipient that has
conducted a needs assessment as described in subsection (c)(1)
to develop infrastructure to expand STEM apprenticeship
programs.
TECHNOLOGY ADMINISTRATION ACT OF 1998
[Public Law 105-309; 112 Stat. 2935]
SEC. 6. ENHANCEMENT OF SCIENCE AND MATHEMATICS PROGRAMS.
[15 U.S.C. 272 note]
(a) Definitions.--In this section--
(1) Educationally useful federal equipment.--The term
``educationally useful Federal equipment'' means
computers and related peripheral tools and research
equipment that is appropriate for use in schools.
(2) School.--The term ``school'' means a public or
private educational institution that serves any of the
grades of kindergarten through grade 12.
(b) Sense of the Congress.--
[(1) In general].--It is the sense of the Congress
that the Director of the National Institute of
Standards and Technology should, to the greatest extent
practicable and in a manner consistent with applicable
Federal law (including Executive Order No. 12999),
donate educationally useful Federal equipment to
schools in order to enhance the science and mathematics
programs of those schools.
[(2) Reports.--
[(A) In general.--Not later than 1 year after
the date of the enactment of this Act, and
annually thereafter, the Director of the
National Institute of Standards and Technology
shall prepare and submit to the President a
report. The President shall submit the report
to Congress at the same time as the President
submits a budget request to Congress under
section 1105(a) of title 31, United States
Code.
[(B) Contents of report.--The report prepared
by the Director under this paragraph shall
describe any donations of educationally useful
Federal equipment to schools made during the
period covered by the report.]
HIGH-PERFORMANCE COMPUTING ACT OF 1991
[15 U.S.C. 5501 et seq.]
SEC. 2. FINDINGS.
[15 U.S.C. 5501]
The Congress finds the following:
(1) Advances in computer science and technology are
vital to the Nation's prosperity, national and economic
security, industrial production, engineering, and
scientific advancement.
(2) The United States currently leads the world in
the development and use of [high-performance computing]
networking and information technology, including high-
performance computing, for national security,
industrial productivity, science, and engineering, but
that lead is being challenged by foreign competitors.
(3) Further research and development, expanded
educational programs, improved computer research
networks, and more effective technology transfer from
government to industry are necessary for the United
States to reap fully the benefits of [high-performance
computing] networking and information technology,
including high-performance computing.
(4) A high-capacity, flexible, high-speed national
research and education computer network is needed to
provide researchers and educators with access to
computational and information resources, act as a test
bed for further research and development for high-
capacity and high-speed computer networks, and provide
researchers the necessary vehicle for continued network
technology improvement through research.
(5) Several Federal agencies have ongoing [high-
performance computing] networking and information
technology, including high-performance computing,
programs, but improved long-term interagency
coordination, cooperation, and planning would enhance
the effectiveness of these programs.
(6) A 1991 report entitled ``Grand Challenges: High-
Performance Computing and Communications'' by the
Office of Science and Technology Policy, outlining a
research and development strategy for high-performance
computing, provides a framework for a multiagency high-
performance computing program. Such a program would
provide American researchers and educators with the
computer and information resources they need, and
demonstrate how advanced computers, high-capacity and
high-speed networks, and electronic data bases can
improve the national information infrastructure for use
by all Americans.
(7) Additional research must be undertaken to lay the
foundation for the development of new applications that
can result in economic growth, improved health care,
and improved educational opportunities.
(8) Research in new networking technologies holds the
promise of easing the economic burdens of information
access disproportionately borne by rural users of the
Internet.
(9) Information security is an important part of
computing, information, and communications systems and
applications, and research into security architectures
is a critical aspect of computing, information, and
communications research programs.
SEC. 3. PURPOSES.
[15 U.S.C. 5502]
The purposes of this Act are to help ensure the continued
leadership of the United States in [high-performance computing]
networking and information technology and its applications by--
(1) expanding Federal support for research,
development, and application of [high-performance
computing] networking and information technology in
order to--
(A) expand the number of researchers,
educators, and students with training in [high-
performance computing] networking and
information technology and access to [high-
performance computing] networking and
information technology resources;
(B) promote the further development of an
information infrastructure of data bases,
services, access mechanisms, and research
facilities available for use through the
Internet;
(C) stimulate research on software
technology;
(D) promote the more rapid development and
wider distribution of computing software tools
and applications software;
(E) accelerate the development of computing
systems and subsystems;
(F) provide for the application of [high-
performance computing] networking and
information technology to Grand Challenges;
(G) invest in basic research and education,
and promote the inclusion of [high-performance
computing] netw orking and information
technology into educational institutions at all
levels; and
(H) promote greater collaboration among
government, Federal laboratories, industry,
high-performance computing centers, and
universities;
(2) improving the interagency planning and
coordination of Federal research and development on
[high-performance computing and] networking and
information technology and maximizing the effectiveness
of the Federal Government's [high-performance computing
network] networking and information technology research
and development programs;
(3) promoting the more rapid development and wider
distribution of networking management and development
tools; and
(4) promoting the rapid adoption of open network
standards.
SEC. 4. DEFINITIONS.
[15 U.S.C. 5503]
As used in this Act, the term--
(1) ``Director'' means the Director of the Office of
Science and Technology Policy;
(2) ``Grand Challenge'' means a fundamental problem
in science or engineering, with broad economic and
scientific impact, whose solution will require the
application of [high-performance computing] networking
and information technology resources and
multidisciplinary teams of researchers;
[(4)](3) ``Internet'' means the international
computer network of both Federal and non-Federal
interoperable data networks;
[(3)](4) ``[high-performance computing] networking
and information technology'' means advanced computing,
communications, and information technologies, including
supercomputer systems, high-capacity and high-speed
networks, special purpose and experimental systems,
applications and systems software, and the management
of large data sets;
[(5) ``Network'' means a computer network referred to
as the National Research and Education Network
established under section 102;]
[(6)](5) ``Program'' means the [National High-
Performance Computing] Networking and Information
Technology Research and Development Program described
in section 101; and
[(7)](6) ``Program Component Areas'' means the major
subject areas under which related individual projects
and activities carried out under the Program are
grouped.
SEC. 101. [NATIONAL HIGH-PERFORMANCE COMPUTING] NETWORKING AND
INFORMATION TECHNOLOGY RESEARCH AND DEVELOPMENT
PROGRAM.
[15 U.S.C. 5511]
(a) [National High-Performance Computing] Networking and
Information Technology Research and Development Program.--
(1) In general.--The President shall implement a
[National High-Performance Computing] Networking and
Information Technology and Development Program, which
shall--
(A) provide for long-term basic and applied
research on [high-performance computing,
including networking] networking and
information technology;
(B) provide for research and development on,
and demonstration of, technologies to advance
the capacity and capabilities of [high-
performance computing] high-end computing,
including high-performance computing, and
networking systems, and related software;
(C) provide for sustained access by the
research community throughout the United States
to [high-performance computing] high-end
computing, including high-performance
computing, and networking systems that are
among the most advanced in the world in terms
of performance in solving scientific and
engineering problems, including provision for
technical support for users of such systems;
(D) provide for widely dispersed efforts to
increase software availability, productivity,
capability, security, portability, and
reliability;
(E) provide for high-performance networks,
including experimental testbed networks, to
enable research and development on, and
demonstration of, advanced applications enabled
by such networks;
(F) provide for computational science and
engineering research on mathematical modeling
and algorithms for applications in all fields
of science and engineering;
(G) provide for the technical support of, and
research and development on, [high-performance
computing] networking and information
technology, including high-performance
computing, systems and software required to
address Grand Challenges;
(H) provide for educating and training
additional undergraduate and graduate students
in software engineering, computer science,
computer and network security, applied
mathematics, library and information science,
and computational science; [and]
(I) provide for improving the security of
computing and networking systems, including
Federal systems, including providing for
research required to establish security
standards and practices for these systems[.];
(J) provide for research on the interplay of
computing and people, including social
computing and human-robot interaction;
(K) provide for research on cyber-physical
systems and improving the methods available for
the design, development, and operation of those
systems that are characterized by high
reliability, safety, and security;
(L) provide for the understanding of the
science, engineering, policy, and privacy
protection related to networking and
information technology;
(M) provide for the understanding of the
human facets of cyber threats and secure cyber
systems;
(N) provide for the transition of high-
performance computing in hardware, system
software, development tools, and applications
into development and operations; and
(O) foster public-private collaboration with
government, industry research laboratories,
academia, and nonprofit organizations to
maximize research and development efforts and
the benefits of networking and information
technology, including high-performance
computing.
(2) Requirements.--The Director shall--
(A) establish the goals and priorities for
Federal [high-performance computing research,
development, networking] networking and
information technology research and
development, and other activities;
(B) establish Program Component Areas that
implement the goals established under
subparagraph (A), and identify the Grand
Challenges that the Program should address;
[(C) provide for interagency coordination of
Federal high-performance computing research,
development, networking, and other activities
undertaken pursuant to the Program;]
(C) provide for the coordination of Federal
networking and information technology research,
development, networking, and other activities--
(i) among the applicable agencies and
departments under the Program; and
(ii) to the extent practicable, with
other Federal agencies not identified
in subsection (a)(3)(B), other Federal
and private research laboratories,
industry, research entities,
universities, institutions of higher
education, relevant nonprofit
organizations, and international
partners of the United States;
(D) submit to the Congress an annual report,
along with the President's annual budget
request, describing the implementation of the
Program;
(E) develop and maintain a research,
development, and deployment roadmap covering
all States and regions for the provision of
[high-performance computing and networking
systems] high-end computing and networking
systems under paragraph (1)(C); and
(F) consult with academic, State, industry,
and other appropriate groups conducting
research on and using [high-performance
computing] high-end, including high-
performance, computing.
(3) Contents of annual reports.--The annual report
submitted under paragraph (2)(D) shall--
(A) provide a detailed description of the
Program Component Areas, including a
description of any changes in the definition of
or activities under the Program Component Areas
from the preceding report, and the reasons for
such changes, and a description of Grand
Challenges addressed under 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;]
(i) the Department of Commerce;
(ii) the Department of Defense;
(iii) the Department of Education;
(iv) the Department of Energy;
(v) the Department of Health and
Human Services;
(vi) the Department of Homeland
Security;
(vii) the Department of Justice;
(viii) the Environmental Protection
Agency;
(ix) the National Aeronautics and
Space Administration;
(x) the National Archives and Records
Administration;
(xi) the National Science Foundation;
and
(xii) 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,] is submitted, the levels for
the previous fiscal year, and the levels
proposed for the fiscal year with respect to
which the budget submission applies, for each
Program Component Area;
(D) describe the levels of Federal funding
for each agency and department participating in
the Program, and for each Program Component
Area, for the fiscal year during which such
report [is submitted,] is submitted, the levels
for the previous fiscal year, and the levels
proposed for the fiscal year with respect to
which the budget submission applies; [and]
(E) include a description of how the
objectives for each Program Component Area, and
the objectives for activities that involve
multiple Program Component Areas, relate to the
objectives of the Program identified in the
strategic plan under subsection (e);
[(E)](F) include an analysis of the progress
made toward achieving the goals and priorities
established for the Program and the extent to
which the Program incorporates the
recommendations of the advisory committee
established under subsection (b).
(b) Advisory Committee.--
(1) Advisory committee.--The President shall
establish an advisory committee on [high-performance
computing] networking and information technology,
consisting of geographically dispersed non-Federal
members, including representatives of the research,
education, and library communities, network and related
software providers, and industry representatives in the
Program Component Areas, who are specially qualified to
provide the Director with advice and information on
[high-performance computing] networking and information
technology. 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--
(A) progress made in implementing the
Program;
(B) the need to revise the Program;
(C) the balance between the components of the
Program, including funding levels for the
Program Component Areas;
(D) whether the research and development
undertaken pursuant to the Program is helping
to maintain United States leadership in high-
performance computing, networking technology,
and related software; and
(E) other issues identified by the Director.
(2) Additional duties.--In addition to the duties
outlined in paragraph (1), the advisory committee shall
conduct periodic evaluations of the funding,
management, coordination, implementation, and
activities of the Program. The advisory committee shall
report not less frequently than once every 2 fiscal
years to the [Committee on Science and Technology]
Committee on Science, Space, and Technology of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate on its
findings and recommendations. The first report shall be
due within 1 year after the date of enactment of the
America COMPETES Act.
(3) FACA.--Section 14 of the Federal Advisory
Committee Act shall not apply to the advisory committee
established under this subsection.
(c) Office of Management and Budget.--
(1) Reports.--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] networking and
information technology activities which
contributes directly to the Program Component
Areas or benefits from the Program; and
(B) states the portion of its request for
appropriations that is allocated to each such
element.
(2) OMB review.--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)(2)(D), 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.
(d) Periodic Reviews.--The heads of the applicable agencies
and departments working through the National Science and
Technology Council and the Networking and Information
Technology Research and Development Program shall--
(1) not later than 1 year after the date the advisory
committee submits a report under subsection (b)(2),
assess the structure of the Program, including the
Program Component Areas and associated contents and
funding levels, taking into consideration any relevant
recommendations of the advisory committee; and
(2) ensure that the Program includes foundational and
interdisciplinary information technology research and
development activities.
(e) Strategic Plans.--
(1) In general.--The heads of the applicable agencies
and departments, working through the National Science
and Technology Council and the Networking and
Information Technology Research and Development Program
shall develop and implement strategic plans to guide
emerging activities in specific Program Component
Areas, as the advisory committee determines relevant
under subsection (b), of Federal networking and
information technology research and development, and to
guide the activities described in subsection (a)(1).
(2) Updates.--The heads of the applicable agencies
and departments shall update the strategic plans as
appropriate.
(3) Contents.--Each strategic plan shall--
(A) specify near-term and long-term
objectives for the Program, the anticipated
schedule for achieving the near-term and long-
term objectives, and the metrics to be used for
assessing progress toward the near-term and
long-term objectives;
(B) specify how the near-term and long-term
objectives complement research and development
areas in which academia and the private sector
is actively engaged;
(C) describe how the heads of the applicable
agencies and departments will support
mechanisms for foundational and
interdisciplinary research and development in
networking and information technology,
including through collaborations--
(i) across Federal agencies and
departments;
(ii) across Program Component Areas;
and
(iii) with industry, Federal and
private research laboratories, research
entities, universities, institutions of
higher education, relevant nonprofit
organizations, and international
partners of the United States;
(D) describe how the heads of the applicable
agencies and departments will foster the rapid
transfer of research and development results
into new technologies and applications;
(E) describe how the Program will address
long-term challenges for which solutions
require large-scale, long-term, foundational
and interdisciplinary research and development;
and
(F) place emphasis on innovative and high-
risk projects having the potential for
substantial societal returns on the research
investment.
(4) Private sector efforts.--In developing,
implementing, and updating strategic plans, the heads
of the applicable agencies and departments, working
through the National Science and Technology Council and
Networking and Information Technology Research and
Development Program, shall coordinate with industry,
academia, and other interested stakeholders to ensure,
to the extent practicable, that the Federal networking
and information technology research and development
activities carried out under this section do not
duplicate the efforts of the private sector.
(5) Recommendations.--In developing and updating
strategic plans, the heads of the applicable agencies
and departments shall solicit recommendations and
advice from--
(A) the advisory committee under subsection
(b); and
(B) a wide range of stakeholders, including
industry, academia, including representatives
of minority serving institutions and community
colleges, National Laboratories, and other
relevant organizations and institutions.
(f) Reports.--The heads of the applicable agencies and
departments, working through the National Science and
Technology Council and the Networking and Information
Technology Research and Development Program, shall submit to
the advisory committee, the Committee on Commerce, Science, and
Transportation of the Senate, and the Committee on Science,
Space, and Technology of the House of Representatives--
(1) the strategic plans developed under subsection
(e)(1); and
(2) each update under subsection (e)(2).
(g) Definition of Applicable Agencies and Departments.--In
this section, the term ``applicable agencies and departments''
means the Federal agencies and departments identified in
subsection (a)(3)(B) or designated under clause (xii) of that
subsection.
[SEC. 102. NATIONAL RESEARCH AND EDUCATION NETWORK.
[15 U.S.C. 5512]
[(a) Establishment.--As part of the Program, the National
Science Foundation, the Department of Defense, the Department
of Energy, the Department of Commerce, the National Aeronautics
and Space Administration, and other agencies participating in
the Program shall support the establishment of the National
Research and Education Network, portions of which shall, to the
extent technically feasible, be capable of transmitting data at
one gigabit per second or greater by 1996. The Network shall
provide for the linkage of research institutions and
educational institutions, government, and industry in every
State.
[(b) Access.--Federal agencies and departments shall work
with private network service providers, State and local
agencies, libraries, educational institutions and
organizations, and others, as appropriate, in order to ensure
that the researchers, educators, and students have access, as
appropriate, to the Network. The Network is to provide users
with appropriate access to high-performance computing systems,
electronic information resources, other research facilities,
and libraries. The Network shall provide access, to the extent
practicable, to electronic information resources maintained by
libraries, research facilities, publishers, and affiliated
organizations.
[(c) Network Characteristics.--The Network shall--
[(1) be developed and deployed with the computer,
telecommunications, and information industries;
[(2) be designed, developed, and operated in
collaboration with potential users in government,
industry, and research institutions and educational
institutions;
[(3) be designed, developed, and operated in a manner
which fosters and maintains competition and private
sector investment in high-speed data networking within
the telecommunications industry;
[(4) be designed, developed, and operated in a manner
which promotes research and development leading to
development of commercial data communications and
telecommunications standards, whose development will
encourage the establishment of privately operated high-
speed commercial networks;
[(5) be designed and operated so as to ensure the
continued application of laws that provide network and
information resources security measures, including
those that protect copyright and other intellectual
property rights, and those that control access to data
bases and protect national security;
[(6) have accounting mechanisms which allow users or
groups of users to be charged for their usage of
copyrighted materials available over the Network and,
where appropriate and technically feasible, for their
usage of the Network;
[(7) ensure the interoperability of Federal and non-
Federal computer networks, to the extent appropriate,
in a way that allows autonomy for each component
network;
[(8) be developed by purchasing standard commercial
transmission and network services from vendors whenever
feasible, and by contracting for customized services
when not feasible, in order to minimize Federal
investment in network hardware;
[(9) support research and development of networking
software and hardware; and
[(10) serve as a test bed for further research and
development of high-capacity and high-speed computing
networks and demonstrate how advanced computers, high-
capacity and high-speed computing networks, and data
bases can improve the national information
infrastructure.
[(d) Defense Advanced Research Projects Agency
Responsibility.--As part of the Program, the Department of
Defense, through the Defense Advanced Research Projects Agency,
shall support research and development of advanced fiber optics
technology, switches, and protocols needed to develop the
Network.
[(e) Information Services.--The Director shall assist the
President in coordinating the activities of appropriate
agencies and departments to promote the development of
information services that could be provided over the Network.
These services may include the provision of directories of the
users and services on computer networks, data bases of
unclassified Federal scientific data, training of users of data
bases and computer networks, access to commercial information
services for users of the Network, and technology to support
computer-based collaboration that allows researchers and
educators around the Nation to share information and
instrumentation.
[(f) Use of Grant Funds.--All Federal agencies and
departments are authorized to allow recipients of Federal
research grants to use grant moneys to pay for computer
networking expenses.
[(g) Report to Congress.--Within one year after the date of
enactment of this Act, the Director shall report to the
Congress on--
[(1) effective mechanisms for providing operating
funds for the maintenance and use of the Network,
including user fees, industry support, and continued
Federal investment;
[(2) the future operation and evolution of the
Network;
[(3) how commercial information service providers
could be charged for access to the Network, and how
Network users could be charged for such commercial
information services;
[(4) the technological feasibility of allowing
commercial information service providers to use the
Network and other Federally funded research networks;
[(5) how to protect the copyrights of material
distributed over the Network; and
[(6) appropriate policies to ensure the security of
resources available on the Network and to protect the
privacy of users of networks.]
[SEC. 103. NEXT GENERATION INTERNET.
[15 U.S.C. 5513]
[(a) Establishment.--The National Science Foundation, the
Department of Energy, the National Institutes of Health, the
National Aeronautics and Space Administration, and the National
Institute of Standards and Technology may support the Next
Generation Internet program. The objectives of the Next
Generation Internet program shall be to--
[(1) support research, development, and demonstration
of advanced networking technologies to increase the
capabilities and improve the performance of the
Internet;
[(2) develop an advanced testbed network connecting a
significant number of research sites, including
universities, Federal research institutions, and other
appropriate research partner institutions, to support
networking research and to demonstrate new networking
technologies; and
[(3) develop and demonstrate advanced Internet
applications that meet important national goals or
agency mission needs, and that are supported by the
activities described in paragraphs (1) and (2).
[(b) Duties of Advisory Committee.--The President's
Information Technology Advisory Committee (established pursuant
to section 101(b) by Executive Order No. 13035 of February 11,
1997 (62 F.R. 7131), as amended by Executive Order No. 13092 of
July 24, 1998), in addition to its functions under section
101(b), shall--
[(1) assess the extent to which the Next Generation
Internet program--
[(A) carries out the purposes of this Act;
and
[(B) addresses concerns relating to, among
other matters--
[(i) geographic penalties (as defined
in section 7(1) of the Next Generation
Internet Research Act of 1998);
[(ii) the adequacy of access to the
Internet by Historically Black Colleges
and Universities, Hispanic Serving
Institutions, and small colleges and
universities (whose enrollment is less
than 5,000) and the degree of
participation of those institutions in
activities described in subsection (a);
and
[(iii) technology transfer to and
from the private sector;
[(2) review the extent to which the role of each
Federal agency and department involved in implementing
the Next Generation Internet program is clear and
complementary to, and non-duplicative of, the roles of
other participating agencies and departments;
[(3) assess the extent to which Federal support of
fundamental research in computing is sufficient to
maintain the Nation's critical leadership in this
field; and
[(4) make recommendations relating to its findings
under paragraphs (1), (2), and (3).
[(c) Reports.--The Advisory Committee shall review
implementation of the Next Generation Internet program and
shall report, not less frequently than annually, to the
President, the Committee on Commerce, Science, and
Transportation, the Committee on Appropriations, and the
Committee on Armed Services of the Senate, and the Committee on
Science, the Committee on Appropriations, and the Committee on
Armed Services of the House of Representatives on its findings
and recommendations for the preceding fiscal year. The first
such report shall be submitted 6 months after the date of the
enactment of the Next Generation Internet Research Act of 1998
and the last report shall be submitted by September 30, 2000.
[(d) Authorization of Appropriations.--There are authorized
to be appropriated for the purposes of this section--
[(1) for the Department of Energy, $22,000,000 for
fiscal year 1999 and $25,000,000 for fiscal year 2000;
[(2) for the National Science Foundation, $25,000,000
for fiscal year 1999 and $25,000,000 for fiscal year
2000, as authorized in the National Science Foundation
Authorization Act of 1998;
[(3) for the National Institutes of Health,
$5,000,000 for fiscal year 1999 and $7,500,000 for
fiscal year 2000;
[(4) for the National Aeronautics and Space
Administration, $10,000,000 for fiscal year 1999 and
$10,000,000 for fiscal year 2000; and
[(5) for the National Institute of Standards and
Technology, $5,000,000 for fiscal year 1999 and
$7,500,000 for fiscal year 2000.
[Such funds may not be used for routine upgrades to
existing Federally funded communication networks.]
SEC. 201. NATIONAL SCIENCE FOUNDATION ACTIVITIES.
[15 U.S.C. 5521]
(a) General Responsibilities.--As part of the Program
described in title I--
(1) the National Science Foundation shall provide
computing and networking infrastructure support for all
science and engineering disciplines, and support basic
research and human resource development in all aspects
of [high-performance computing and advanced high-speed
computer networking] networking and information
technology;
(2) to the extent that colleges, universities, and
libraries cannot connect to the Network with the
assistance of the private sector, the National Science
Foundation shall have primary responsibility for
assisting colleges, universities, and libraries to
connect to the Network;
(3) the National Science Foundation shall serve as
the primary source of information on access to and use
of the Network; and
(4) the National Science Foundation shall upgrade the
National Science Foundation funded network, assist
regional networks to upgrade their capabilities, and
provide other Federal departments and agencies the
opportunity to connect to the National Science
Foundation funded network.
(b) Authorization of Appropriations.--From sums otherwise
authorized to be appropriated, there are authorized to be
appropriated to the National Science Foundation for the
purposes of the Program $213,000,000 for fiscal year 1992;
$262,000,000 for fiscal year 1993; $305,000,000 for fiscal year
1994; $354,000,000 for fiscal year 1995; and $413,000,000 for
fiscal year 1996.
SEC. 202. NATIONAL AERONAUTICS AND SPACE ADMINISTRATION ACTIVITIES.
[15 U.S.C. 5522]
(a) General Responsibilities.--As part of the Program
described in title I, the National Aeronautics and Space
Administration shall conduct basic and applied research in
[high-performance computing] networking and information
technology, particularly in the field of computational science,
with emphasis on aerospace sciences, earth and space sciences,
and remote exploration and experimentation.
(b) Authorization of Appropriations.--From sums otherwise
authorized to be appropriated, there are authorized to be
appropriated to the National Aeronautics and Space
Administration for the purposes of the Program $72,000,000 for
fiscal year 1992; $107,000,000 for fiscal year 1993;
$134,000,000 for fiscal year 1994; $151,000,000 for fiscal year
1995; and $145,000,000 for fiscal year 1996.
SEC. 203. DEPARTMENT OF ENERGY ACTIVITIES.
[15 U.S.C. 5523]
(a) General Responsibilities.--As part of the Program
described in title I, the Secretary of Energy shall--
(1) conduct and support basic and applied research in
[high-performance computing and networking] networking
and information technology to support fundamental
research in science and engineering disciplines related
to energy applications; and
(2) provide computing and networking infrastructure
support, including--
(A) the provision of [high-performance
computing systems] high end, including high
performance, computing systems that are among
the most advanced in the world in terms of
performance in solving scientific and
engineering problems; and
(B) support for advanced software and
applications development for science and
engineering disciplines related to energy
applications.
(b) Authorization of Appropriations.--There are authorized to
be appropriated to the Secretary of Energy such sums as are
necessary to carry out this section.
SEC. 204. DEPARTMENT OF COMMERCE ACTIVITIES.
[15 U.S.C. 5524]
(a) General Responsibilities.--As part of the Program
described in title I--
(1) the National Institute of Standards and
Technology shall--
(A) conduct basic and applied measurement
research needed to support various [high-
performance computing systems and networks]
networking and information technology systems;
(B) develop and propose standards and
guidelines, and develop measurement techniques
and test methods, for the interoperability of
[high-performance computing systems in
networks] networking and information
technology systems and for common user
interfaces to systems; and
(C) be responsible for developing benchmark
tests and standards for [high-performance
computing systems] networking and information
technology and software; and
(2) the National Oceanic and Atmospheric
Administration shall conduct basic and applied research
in weather prediction and ocean sciences, particularly
in development of new forecast models, in computational
fluid dynamics, and in the incorporation of evolving
computer architectures and networks into the systems
that carry out agency missions.
(b) [High-performance Computing and Network] Network and
Information Technology Security.--Pursuant to the Computer
Security Act of 1987 (Public Law 100-235; 101 Stat. 1724), the
National Institute of Standards and Technology shall be
responsible for developing and proposing standards and
guidelines needed to assure the cost-effective security and
privacy of [sensitive information in Federal computer systems]
agency information and information systems.
(c) Study of Impact of Federal Procurement Regulations.--
(1) The Secretary of Commerce shall conduct a study
to--
(A) evaluate the impact of Federal
procurement regulations that require that
contractors providing software to the Federal
Government share the rights to proprietary
software development tools that the contractors
use to develop the software; and
(B) determine whether such regulations
discourage development of improved software
development tools and techniques.
(2) The Secretary of Commerce shall, within one year
after the date of enactment of this Act, report to the
Congress regarding the results of the study conducted
under paragraph (1).
(d) Authorization of Appropriations.--From sums otherwise
authorized to be appropriated, there are authorized to be
appropriated--
(1) to the National Institute of Standards and
Technology for the purposes of the Program $3,000,000
for fiscal year 1992; $4,000,000 for fiscal year 1993;
$5,000,000 for fiscal year 1994; $6,000,000 for fiscal
year 1995; and $7,000,000 for fiscal year 1996; and
(2) to the National Oceanic and Atmospheric
Administration for the purposes of the Program
$2,500,000 for fiscal year 1992; $3,000,000 for fiscal
year 1993; $3,500,000 for fiscal year 1994; $4,000,000
for fiscal year 1995; and $4,500,000 for fiscal year
1996.
SEC. 207. MISCELLANEOUS PROVISIONS.
[15 U.S.C. 5527]
(a) Nonapplicability.--Except to the extent the appropriate
Federal agency or department head determines, the provisions of
this Act shall not apply to--
(1) programs or activities regarding computer systems
that process classified information; or
(2) computer systems the function, operation, or use
of which are those delineated in paragraphs (1) through
(5) of [section 2315(a) of title 10] section
3552(b)(6)(A) of title 44, United States Code.
(b) Acquisition of Prototype and Early Production Models.--In
accordance with Federal contracting law, Federal agencies and
departments participating in the Program may acquire prototype
or early production models of new [high-performance computing
systems] networking and information technology and subsystems
to stimulate hardware and software development. Items of
computing equipment acquired under this subsection shall be
considered research computers for purposes of applicable
acquisition regulations.
[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) 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.]
CYBER SECURITY RESEARCH AND DEVELOPMENT ACT
[15 U.S.C. 7401 et seq.]
SEC. 4. NATIONAL SCIENCE FOUNDATION RESEARCH.
[15 U.S.C. 7403]
(a) Computer and Network Security Research Grants.--
(1) In general.--The Director shall award grants for
basic research on innovative approaches to the
structure of computer and network hardware and software
that are aimed at enhancing computer security. Research
areas may include--
(A) authentication, cryptography, and other
secure data communications technology;
(B) computer forensics and intrusion
detection;
(C) reliability of computer and network
applications, middleware, operating systems,
control systems, and communications
infrastructure;
(D) privacy and confidentiality;
(E) network security architecture, including
tools for security administration and analysis;
(F) emerging threats;
(G) vulnerability assessments and techniques
for quantifying risk;
(H) remote access and wireless security;
(I) enhancement of law enforcement ability to
detect, investigate, and prosecute cyber-
crimes, including those that involve piracy of
intellectual property;
(J) secure fundamental protocols that are
integral to inter-network communications and
data exchange;
(K) secure software engineering and software
assurance, including--
(i) programming languages and systems
that include fundamental security
features;
(ii) portable or reusable code that
remains secure when deployed in various
environments;
(iii) verification and validation
technologies to ensure that
requirements and specifications have
been implemented; and
(iv) models for comparison and
metrics to assure that required
standards have been met;
(L) holistic system security that--
(i) addresses the building of secure
systems from trusted and untrusted
components;
(ii) proactively reduces
vulnerabilities;
(iii) addresses insider threats; and
(iv) supports privacy in conjunction
with improved security;
(M) monitoring and detection;
(N) mitigation and rapid recovery methods;
(O) security of wireless networks and mobile
devices; [and]
(P) security of cloud infrastructure and
services[.];
(Q) security of election-dedicated voting
system software and hardware; and
(R) role of the human factor in cybersecurity
and the interplay of computers and humans and
the physical world.
(2) Merit review; competition.--Grants shall be
awarded under this section on a merit-reviewed
competitive basis.
(3) Authorization of appropriations.--There are
authorized to be appropriated to the National Science
Foundation to carry out this subsection--
(A) $35,000,000 for fiscal year 2003;
(B) $40,000,000 for fiscal year 2004;
(C) $46,000,000 for fiscal year 2005;
(D) $52,000,000 for fiscal year 2006; and
(E) $60,000,000 for fiscal year 2007.
(b) Computer and Network Security Research Centers.--
(1) In general.--The Director shall award multiyear
grants, subject to the availability of appropriations,
to institutions of higher education, nonprofit research
institutions, or consortia thereof to establish
multidisciplinary Centers for Computer and Network
Security Research. Institutions of higher education,
nonprofit research institutions, or consortia thereof
receiving such grants may partner with 1 or more
government laboratories or for-profit institutions, or
other institutions of higher education or nonprofit
research institutions.
(2) Merit review; competition.--Grants shall be
awarded under this subsection on a merit-reviewed
competitive basis.
(3) Purpose.--The purpose of the Centers shall be to
generate innovative approaches to computer and network
security by conducting cutting-edge, multidisciplinary
research in computer and network security, including
improving the security and resiliency of information
technology, reducing cyber vulnerabilities, and
anticipating and mitigating consequences of cyber
attacks on critical infrastructure, by conducting
research in the areas described in subsection (a)(1).
(4) Applications.--An institution of higher
education, nonprofit research institution, or consortia
thereof seeking funding under this subsection shall
submit an application to the Director at such time, in
such manner, and containing such information as the
Director may require. The application shall include, at
a minimum, a description of--
(A) the research projects that will be
undertaken by the Center and the contributions
of each of the participating entities;
(B) how the Center will promote active
collaboration among scientists and engineers
from different disciplines, such as computer
scientists, engineers, mathematicians, and
social science researchers;
(C) how the Center will contribute to
increasing the number and quality of computer
and network security researchers and other
professionals, including individuals from
groups historically underrepresented in these
fields; and
(D) how the Center will disseminate research
results quickly and widely to improve cyber
security in information technology networks,
products, and services.
(5) Criteria. In evaluating the applications
submitted under paragraph (4), the Director shall
consider, at a minimum--
(A) the ability of the applicant to generate
innovative approaches to computer and network
security and effectively carry out the research
program;
(B) the experience of the applicant in
conducting research on computer and network
security and the capacity of the applicant to
foster new multidisciplinary collaborations;
(C) the capacity of the applicant to attract
and provide adequate support for a diverse
group of undergraduate and graduate students
and postdoctoral fellows to pursue computer and
network security research;
(D) the extent to which the applicant will
partner with government laboratories, for-
profit entities, other institutions of higher
education, or nonprofit research institutions,
and the role the partners will play in the
research undertaken by the Center;
(E) the demonstrated capability of the
applicant to conduct high performance
computation integral to complex computer and
network security research, through on-site or
off-site computing;
(F) the applicant's affiliation with private
sector entities involved with industrial
research described in subsection (a)(1);
(G) the capability of the applicant to
conduct research in a secure environment;
(H) the applicant's affiliation with existing
research programs of the Federal Government;
(I) the applicant's experience managing
public-private partnerships to transition new
technologies into a commercial setting or the
government user community;
(J) the capability of the applicant to
conduct interdisciplinary cybersecurity
research, basic and applied, such as in law,
economics, or behavioral sciences; and
(K) the capability of the applicant to
conduct research in areas such as systems
security, wireless security, networking and
protocols, formal methods and [high-performance
computing] networking and information
technology, nanotechnology, or industrial
control systems.
(6) Annual meeting.--The Director shall convene an
annual meeting of the Centers in order to foster
collaboration and communication between Center
participants.
(7) Authorization of appropriations.--There are
authorized to be appropriated for the National Science
Foundation to carry out this subsection--
(A) $12,000,000 for fiscal year 2003;
(B) $24,000,000 for fiscal year 2004;
(C) $36,000,000 for fiscal year 2005;
(D) $36,000,000 for fiscal year 2006; and
(E) $36,000,000 for fiscal year 2007.
CYBERSECURITY ENHANCEMENT ACT OF 2014
[15 U.S.C. 7421 et seq.]
SEC. 7431. FEDERAL CYBERSECURITY RESEARCH AND DEVELOPMENT.
[15 U.S.C. 7431]
(a) Fundamental Cybersecurity Research.--
(1) Federal cybersecurity research and development
strategic plan.--The heads of the applicable agencies
and departments, working through the National Science
and Technology Council and the Networking and
Information Technology Research and Development
Program, shall develop and update every 4 years a
Federal cybersecurity research and development
strategic plan (referred to in this subsection as the
``strategic plan'') based on an assessment of
cybersecurity risk to guide the overall direction of
Federal cybersecurity and information assurance
research and development for information technology and
networking systems. The heads of the applicable
agencies and departments shall build upon existing
programs and plans to develop the strategic plan to
meet objectives in cybersecurity, such as--
(A) how to design and build complex software-
intensive systems that are secure and reliable
when first deployed;
(B) how to test and verify that software and
hardware, whether developed locally or obtained
from a third party, is free of significant
known security flaws;
(C) how to test and verify that software and
hardware obtained from a third party correctly
implements stated functionality, and only that
functionality;
(D) how to guarantee the privacy of an
individual, including that individual's
identity, information, and lawful transactions
when stored in distributed systems or
transmitted over networks;
(E) how to build new protocols to enable the
Internet to have robust security as one of the
key capabilities of the Internet;
(F) how to determine the origin of a message
transmitted over the Internet;
(G) how to support privacy in conjunction
with improved security;
(H) how to address the problem of insider
threats;
(I) how improved consumer education and
digital literacy initiatives can address human
factors that contribute to cybersecurity;
(J) how to protect information processed,
transmitted, or stored using cloud computing or
transmitted through wireless services; and
(K) any additional objectives the heads of
the applicable agencies and departments, in
coordination with the head of any relevant
Federal agency and with input from
stakeholders, including appropriate national
laboratories, industry, and academia, determine
appropriate.
(2) Requirements.--
(A) Contents of plan.--The strategic plan
shall--
(i) specify and prioritize near-term,
mid-term, and long-term research
objectives, including objectives
associated with the research identified
in section 4(a)(1) of the Cyber
Security Research and Development Act
(15 U.S.C. 7403(a)(1));
(ii) specify how the near-term
objectives described in clause (i)
complement research and development
areas in which the private sector is
actively engaged;
(iii) describe how the heads of the
applicable agencies and departments
will focus on innovative,
transformational technologies with the
potential to enhance the security,
reliability, resilience, and
trustworthiness of the digital
infrastructure, and to protect consumer
privacy;
(iv) describe how the heads of the
applicable agencies and departments
will foster the rapid transfer of
research and development results into
new cybersecurity technologies and
applications for the timely benefit of
society and the national interest,
including through the dissemination of
best practices and other outreach
activities;
(v) describe how the heads of the
applicable agencies and departments
will establish and maintain a national
research infrastructure for creating,
testing, and evaluating the next
generation of secure networking and
information technology systems; and
(vi) describe how the heads of the
applicable agencies and departments
will facilitate access by academic
researchers to the infrastructure
described in clause (v), as well as to
relevant data, including event data.
(B) Private sector efforts.--In developing,
implementing, and updating the strategic plan,
the heads of the applicable agencies and
departments, working through the National
Science and Technology Council and Networking
and Information Technology Research and
Development Program, shall work in close
cooperation with industry, academia, and other
interested stakeholders to ensure, to the
extent possible, that Federal cybersecurity
research and development is not duplicative of
private sector efforts.
(C) Recommendations.--In developing and
updating the strategic plan the heads of the
applicable agencies and departments shall
solicit recommendations and advice from--
(i) the advisory committee
established under section 101(b)(1) of
the High-Performance Computing Act of
1991 (15 U.S.C. 5511(b)(1)); and
(ii) a wide range of stakeholders,
including industry, academia, including
representatives of minority serving
institutions and community colleges,
National Laboratories, and other
relevant organizations and
institutions.
(D) Implementation roadmap.--The heads of the
applicable agencies and departments, working
through the National Science and Technology
Council and Networking and Information
Technology Research and Development Program,
shall develop and annually update an
implementation roadmap for the strategic plan.
The implementation roadmap shall--
(i) specify the role of each Federal
agency in carrying out or sponsoring
research and development to meet the
research objectives of the strategic
plan, including a description of how
progress toward the research objectives
will be evaluated;
(ii) specify the funding allocated to
each major research objective of the
strategic plan and the source of
funding by agency for the current
fiscal year;
(iii) estimate the funding required
for each major research objective of
the strategic plan for the following 3
fiscal years; and
(iv) track ongoing and completed
Federal cybersecurity research and
development projects.
(3) Reports to congress.--The heads of the applicable
agencies and departments, working through the National
Science and Technology Council and Networking and
Information Technology Research and Development
Program, shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the
Committee on Science, Space, and Technology of the
House of Representatives--
(A) the strategic plan not later than 1 year
after the date of enactment of this Act;
(B) each quadrennial update to the strategic
plan; and
(C) the implementation roadmap under
subparagraph (D), and its annual updates, which
shall be appended to the annual report required
under section 101(a)(2)(D) of the High-
Performance Computing Act of 1991 (15 U.S.C.
5511(a)(2)(D)).
(4) Definition of applicable agencies and
departments.--In this subsection, the term ``applicable
agencies and departments'' means the agencies and
departments identified in [clauses (i) through (x) of
section 101(a)(3)(B) of the High-Performance Computing
Act of 1991 (15 U.S.C. 5511(a)(3)(B)) or designated
under clause (xi) of that section] clauses (i) through
(xi) of section 101(a)(3)(B) of the High-Performance
Computing Act of 1991 (15 U.S.C. 5511(a)(3)(B)) or
designated under clause (xii) of that section.
* * * * * * *
21ST CENTURY NANOTECHNOLOGY RESEARCH AND DEVELOPMENT ACT
[15 U.S.C. 7501 et seq.]
SEC. 2. NATIONAL NANOTECHNOLOGY PROGRAM.
[15 U.S.C. 7501]
* * * * * * *
(c) Program Management.--The National Science and Technology
Council shall oversee the planning, management, and
coordination of the Program. The Council, itself or through an
appropriate subgroup it designates or establishes, shall--
(1) establish goals and priorities for the Program,
based on national needs for a set of broad applications
of nanotechnology;
(2) establish program component areas, with specific
priorities and technical goals, that reflect the goals
and priorities established for the Program;
(3) oversee interagency coordination of the Program,
including with the activities of the Defense
Nanotechnology Research and Development Program
established under section 246 of the Bob Stump National
Defense Authorization Act for Fiscal Year 2003 (Public
Law 107-314) and the National Institutes of Health;
[(4) develop, within 12 months after the date of
enactment of this Act, and update every 3 years
thereafter, a strategic plan to guide the activities
described under subsection (b), meet the goals,
priorities, and anticipated outcomes of the
participating agencies, and describe--
[(A) how the Program will move results out of
the laboratory and into application for the
benefit of society;
[(B) the Program's support for long-term
funding for interdisciplinary research and
development in nanotechnology; and
[(C) the allocation of funding for
interagency nanotechnology projects;]
(4) develop, not later than 5 years after the date of
the release of the most-recent strategic plan, and
update every 5 years thereafter, a strategic plan to
guide the activities described under subsection (b)
that describes--
(A) the near-term and long-term objectives
for the Program;
(B) the anticipated schedule for achieving
the near-term objectives; and
(C) the metrics that will be used to assess
progress toward the near-term and long-term
objectives;
(D) how the Program will move results out of
the laboratory and into application for the
benefit of society;
(E) the Program's support for long-term
funding for interdisciplinary research and
development in nanotechnology; and
(F) the allocation of funding for interagency
nanotechnology projects;
(5) propose a coordinated interagency budget for the
Program to the Office of Management and Budget to
ensure the maintenance of a balanced nanotechnology
research portfolio and an appropriate level of research
effort;
(6) exchange information with academic, industry,
State and local government (including State and
regional nanotechnology programs), and other
appropriate groups conducting research on and using
nanotechnology;
(7) develop a plan to utilize Federal programs, such
as the Small Business Innovation Research Program and
the Small Business Technology Transfer Research
Program, in support of the activity stated in
subsection (b)(7);
(8) identify research areas that are not being
adequately addressed by the agencies' current research
programs and address such research areas;
(9) encourage progress on Program activities through
the utilization of existing manufacturing facilities
and industrial infrastructures such as, but not limited
to, the employment of underutilized manufacturing
facilities in areas of high unemployment as production
engineering and research testbeds; and
(10) in carrying out its responsibilities under
paragraphs (1) through (9), take into consideration the
recommendations of the Advisory Panel, suggestions or
recommendations developed pursuant to subsection
(b)(10)(D), and the views of academic, State, industry,
and other appropriate groups conducting research on and
using nanotechnology.
(d) Annual Report.--The Council shall prepare an annual
report, to be submitted to the Senate Committee on Commerce,
Science, and Transportation and the House of Representatives
Committee on Science, and other appropriate committees, at the
time of the President's budget request to Congress, that
includes--
(1) the Program budget, for the current fiscal year,
for each agency that participates in the Program,
including a breakout of spending for the development
and acquisition of research facilities and
instrumentation, for each program component area, and
for all activities pursuant to subsection (b)(10);
(2) the proposed Program budget for the next fiscal
year, for each agency that participates in the Program,
including a breakout of spending for the development
and acquisition of research facilities and
instrumentation, for each program component area, and
for all activities pursuant to subsection (b)(10);
(3) an analysis of the progress made toward achieving
the goals and priorities established for the Program;
(4) an analysis of the extent to which the Program
has incorporated the recommendations of the Advisory
Panel; and
(5) an assessment of how Federal agencies are
implementing the plan described in subsection (c)(7),
and a description of the amount of Small Business
Innovative Research and Small Business Technology
Transfer Research funds supporting the plan.
SEC. 4. ADVISORY PANEL.
[15 U.S.C. 7503]
* * * * * * *
[(d) Reports.--The Advisory Panel shall report, not less
frequently than once every 2 fiscal years, to the President on
its assessments under subsection (c) and its recommendations
for ways to improve the Program. The first report under this
subsection shall be submitted within 1 year after the date of
enactment of this Act. The Director of the Office of Science
and Technology Policy shall transmit a copy of each report
under this subsection to the Senate Committee on Commerce,
Science, and Technology, the House of Representatives Committee
on Science, and other appropriate committees of the Congress.]
(d) Reports.--Not later than 4 years after the date of the
most recent assessment under subsection (c), and quadrennially
thereafter, the Advisory Panel shall submit to the President,
the Committee on Commerce, Science, and Transportation of the
Senate, and the Committee on Science, Space, and Technology of
the House of Representatives a report its assessments under
subsection (c) and its recommendations for ways to improve the
Program.
(e) Travel Expenses of Non-Federal Members.--Non-Federal
members of the Advisory Panel, while attending meetings of the
Advisory Panel or while otherwise serving at the request of the
head of the Advisory Panel away from their homes or regular
places of business, may be allowed travel expenses, including
per diem in lieu of subsistence, as authorized by section 5703
of title 5, United States Code, for individuals in the
government serving without pay. Nothing in this subsection
shall be construed to prohibit members of the Advisory Panel
who are officers or employees of the United States from being
allowed travel expenses, including per diem in lieu of
subsistence, in accordance with existing law.
(f) Exemption From Sunset.--Section 14 of the Federal
Advisory Committee Act shall not apply to the Advisory Panel.
SEC. 5. [TRIENNIAL] QUADRENNIAL EXTERNAL REVIEW OF THE NATIONAL
NANOTECHNOLOGY PROGRAM.
[15 U.S.C. 7504]
(a) In General.--The Director of the National Nanotechnology
Coordination Office shall enter into an arrangement with the
National Research Council of the National Academy of Sciences
to conduct a [triennial] quadrennial evaluation of the Program,
including--
(1) an evaluation of the technical accomplishments of
the Program, including a review of whether the Program
has achieved the goals under the metrics established by
the Council;
(2) a review of the Program's management and
coordination across agencies and disciplines;
(3) a review of the funding levels at each agency for
the Program's activities and the ability of each agency
to achieve the Program's stated goals with that
funding;
(4) an evaluation of the Program's success in
transferring technology to the private sector;
(5) an evaluation of whether the Program has been
successful in fostering interdisciplinary research and
development;
(6) an evaluation of the extent to which the Program
has adequately considered ethical, legal,
environmental, and other appropriate societal concerns;
(7) recommendations for new or revised Program goals;
(8) recommendations for new research areas,
partnerships, coordination and management mechanisms,
or programs to be established to achieve the Program's
stated goals;
(9) recommendations on policy, program, and budget
changes with respect to nanotechnology research and
development activities;
(10) recommendations for improved metrics to evaluate
the success of the Program in accomplishing its stated
goals;
(11) a review of the performance of the National
Nanotechnology Coordination Office and its efforts to
promote access to and early application of the
technologies, innovations, and expertise derived from
Program activities to agency missions and systems
across the Federal Government and to United States
industry;
(12) an analysis of the relative position of the
United States compared to other nations with respect to
nanotechnology research and development, including the
identification of any critical research areas where the
United States should be the world leader to best
achieve the goals of the Program; and
(13) an analysis of the current impact of
nanotechnology on the United States economy and
recommendations for increasing its future impact.
(b) Study on Molecular Self-assembly.--As part of the first
[triennial] quadrennial review conducted in accordance with
subsection (a), the National Research Council shall conduct a
one-time study to determine the technical feasibility of
molecular self-assembly for the manufacture of materials and
devices at the molecular scale.
(c) Study on the Responsible Development of Nanotechnology.--
As part of the first [triennial] quadrennial review conducted
in accordance with subsection (a), the National Research
Council shall conduct a one-time study to assess the need for
standards, guidelines, or strategies for ensuring the
responsible development of nanotechnology, including, but not
limited to--
(1) self-replicating nanoscale machines or devices;
(2) the release of such machines in natural
environments;
(3) encryption;
(4) the development of defensive technologies;
(5) the use of nanotechnology in the enhancement of
human intelligence; and
(6) the use of nanotechnology in developing
artificial intelligence.
[(d) Evaluation to Be Transmitted to Congress.--The Director
of the National Nanotechnology Coordination Office shall
transmit the results of any evaluation for which it made
arrangements under subsection (a) to the Advisory Panel, the
Senate Committee on Commerce, Science, and Transportation and
the House of Representatives Committee on Science upon receipt.
The first such evaluation shall be transmitted no later than
June 10, 2005, with subsequent evaluations transmitted to the
Committees every 3 years thereafter.]
(d) Report.--
(1) In general.--Not later than 30 days after the
date the first evaluation under subsection (a) is
received, and quadrennially thereafter, the Director of
the National Nanotechnology Coordination Office shall
report to the President its assessments under
subsection (c) and its recommendations for ways to
improve the Program.
(2) Congress.--Not later than 30 days after the date
the President receives the report under paragraph (1),
the Director of the Office of Science and Technology
Policy shall transmit a copy of the report to Congress.
NATIONAL SCIENCE FOUNDATION AUTHORIZATION ACT OF 1988
[Public Law 100-570; 102 Stat. 2865]
SEC. 113. [EXPERIMENTAL] ESTABLISHED PROGRAM TO STIMULATE COMPETITIVE
RESEARCH.
[42 U.S.C. 1862g]
(a) The Director shall operate [an Experimental Program to
Stimulate Competitive Research] a program to stimulate
competitive research (known as the Established Program to
Stimulate Competitive Research), the purpose of which is to
assist those States that--
(1) historically have received relatively little
Federal research and development funding; and
(2) have demonstrated a commitment to develop their
research bases and improve science and engineering
research and education programs at their universities
and colleges.
(b) A State which has received an initial award under such
Program, whether or not the award was received before or after
the date of enactment of this Act, shall be eligible for up to
5 years of additional support under [the program] the Program
if that State provides assurances of new matching funds and
submits an acceptable new plan for using Program funds and
matching funds to build the research capabilities of the State.
NATIONAL SCIENCE FOUNDATION AUTHORIZATION ACT OF 2002
[Public Law 107-368; 116 Stat. 3034]
SEC. 9. MATHEMATICS AND SCIENCE EDUCATION PARTNERSHIPS.
[42 U.S.C. 1862n]
* * * * * * *
(c) Accountability and Dissemination.--
(1) Assessment required.--The Director shall evaluate
the program established under subsection (a). At a
minimum, such evaluation shall--
(A) use a common set of benchmarks and
assessment tools to identify best practices and
materials developed and demonstrated by the
partnerships; and
(B) to the extent practicable, compare the
effectiveness of practices and materials
developed and demonstrated by the partnerships
authorized under this section with those of
partnerships funded by other State or Federal
agencies.
(2) Report on evaluations.--Not later than 4 years
after the date of enactment of the America COMPETES
Act, the Director shall transmit a report summarizing
the evaluations required under subsection (b)(1)(E) of
grants received under this program and describing any
changes to the program recommended as a result of these
evaluations to the Committee on Science and Technology
and the Committee on Education and Labor of the House
of Representatives and to the Committee on Commerce,
Science, and Transportation and the Committee on
Health, Education, Labor, and Pensions of the Senate.
Such report shall be made widely available to the
public.
(3) Annual meeting.--The Director, in consultation
with the Secretary of Education, shall convene an
annual meeting of the partnerships participating under
this section to foster greater national collaboration.
[(4) Report on coordination.--The Director, in
consultation with the Secretary of Education, shall
provide an annual report to the Committee on Science of
the House of Representatives, the Committee on
Education and the Workforce of the House of
Representatives, the Committee on Commerce, Science,
and Transportation of the Senate, and the Committee on
Health, Education, Labor, and Pensions of the Senate
describing how the program authorized under this
section has been and will be coordinated with other
programs with similar purposes. The report under this
paragraph shall be submitted along with the President's
annual budget request.]
[(5)](4) Technical assistance.--At the request of an
eligible partnership or a State educational agency, the
Director shall provide the partnership or agency with
technical assistance in meeting any requirements of
this section, including providing advice from experts
on how to develop--
(A) a quality application for a grant; and
(B) quality activities from funds received
from a grant under this section.
(d) Definitions.--In this section--
(1) the term ``mathematics and science teacher''
means a science, technology, engineering, or
mathematics teacher at the elementary school or
secondary school level; and
(2) the term ``science'', in the context of
elementary and secondary education, includes technology
and pre-engineering.
SEC. 10A. NATIONAL SCIENCE FOUNDATION TEACHING FELLOWSHIPS AND MASTER
TEACHING FELLOWSHIPS.
[42 U.S.C. 1862n-1a]
* * * * * * *
(k) STEM Teacher Service and Retention.--
(1) In general.--The Director shall develop and
implement practices for increasing the proportion of
individuals receiving fellowships under this section
who--
(A) fulfill the service obligation required
under subsection (h); and
(B) remain in the teaching profession in a
high need local educational agency beyond the
service obligation.
(2) Practices.--The practices described under
paragraph (1) may include--
(A) partnering with nonprofit or professional
associations or with other government entities
to provide individuals receiving fellowships
under this section with opportunities for
professional development, including mentorship
programs that pair those individuals with
currently employed and recently retired
science, technology, engineering, mathematics,
or computer science professionals;
(B) increasing recruitment from high need
districts;
(C) establishing a system to better collect,
track, and respond to data on the career
decisions of individuals receiving fellowships
under this section;
(D) conducting research to better understand
factors relevant to teacher service and
retention, including factors specifically
impacting the retention of teachers from
underrepresented groups, including women and
minorities; and
(E) conducting pilot programs to improve
teacher service and retention.
SEC. 14. MAJOR RESEARCH EQUIPMENT AND FACILITIES CONSTRUCTION PLAN.
[42 U.S.C. 1862n-4]
[(a) Prioritization of Proposed Major Research Equipment and
Facilities Construction.--
[(1) Development of priorities.--
[(A) The Director shall--
[(i) develop a list indicating by
number the relative priority for
funding under the major research
equipment and facilities construction
account that the Director assigns to
each project the Board has approved for
inclusion in a future budget request;
and
[(ii) submit the list described in
clause (i) to the Board for approval.
[(B) The Director shall update the list
prepared under subparagraph (A) each time the
Board approves a new project that would receive
funding under the major research equipment and
facilities construction account, as necessary
to prepare reports under paragraph (2), and,
from time to time, submit any updated list to
the Board for approval.
[(2) Annual report.--Not later than 90 days after the
date of enactment of this Act, and not later than each
June 15 thereafter, the Director shall transmit to the
Committee on Science of the House of Representatives,
the Committee on Commerce, Science, and Transportation
of the Senate, and the Committee on Health, Education,
Labor, and Pensions of the Senate a report containing--
[(A) the most recent Board-approved priority
list developed under paragraph (1)(A);
[(B) a description of the criteria used to
develop such list; and
[(C) a description of the major factors for
each project that determined the ranking of
such project on the list, based on the
application of the criteria described pursuant
to subparagraph (B).
[(3) Criteria.--The criteria described pursuant to
paragraph (2)(B) shall include, at a minimum--
[(A) scientific merit;
[(B) broad societal need and probable impact;
[(C) consideration of the results of formal
prioritization efforts by the scientific
community;
[(D) readiness of plans for construction and
operation;
[(E) the applicant's management and
administrative capacity of large research
facilities;
[(F) international and interagency
commitments; and
[(G) the order in which projects were
approved by the Board for inclusion in a future
budget request.]
(a) Prioritization of Proposed Major Research Equipment and
Facilities Construction.--
(1) Development of priorities.--The Director shall--
(A) develop a list indicating by number the
relative priority for funding under the major
research equipment and facilities construction
account that the Director assigns to each
project the Board has approved for inclusion in
a future budget request; and
(B) submit the list described in subparagraph
(A) to the Board for approval.
(2) Criteria.--The Director shall include in the
criteria for developing the list under paragraph (1)
the readiness of plans for construction and operation,
including confidence in the estimates of the full life-
cycle cost (as defined in section 2 of the National
Science Foundation Authorization Act of 1998 (42 U.S.C.
1862k note)) and the proposed schedule of completion.
(3) Updates.--The Director shall update the list
prepared under paragraph (1) each time the Board
approves a new project that would receive funding under
the major research equipment and facilities
construction account and periodically submit any
updated list to the Board for approval.
(b) [Omitted]
[(c)](b) Project Management.--No national research facility
project funded under the major research equipment and
facilities construction account shall be managed by an
individual whose appointment to the Foundation is temporary.
[(d)Board Approval of Major Research Equipment and Facilities
Projects.--
[(1) In general.--The Board shall explicitly approve
any project to be funded out of the major research
equipment and facilities construction account before
any funds may be obligated from such account for such
project.
[(2) Report.--Not later than September 15 of each
fiscal year, the Board shall report to the Committee on
Commerce, Science, and Transportation of the Senate,
the Committee on Health, Education, Labor, and Pensions
of the Senate, and the Committee on Science of the
House of Representatives on the conditions of any
delegation of authority under section 4 of the National
Science Foundation Act of 1950 (42 U.S.C. 1863) that
relates to funds appropriated for any project in the
major research equipment and facilities construction
account.]
(c) Board Approval of Major Research Equipment and Facilities
Projects.--The Board shall explicitly approve any project to be
funded out of the major research equipment and facilities
construction account before any funds may be obligated from
such account for such project.
[(e) National Academy of Sciences Study on Major Research
Equipment and Facilities Construction.--
[(1) Study.--Not later than 3 months after the date
of enactment of this Act, the Director shall enter into
an arrangement with the National Academy of Sciences to
perform a study on setting priorities for a diverse
array of disciplinary and interdisciplinary Foundation-
sponsored large research facility projects.
[(2) Transmittal to congress.--Not later than 15
months after the date of the enactment of this Act, the
Director shall transmit to the Committee on Science and
the Committee on Appropriations of the House of
Representatives, and to the Committee on Commerce,
Science, and Transportation, the Committee on Health,
Education, Labor, and Pensions, and the Committee on
Appropriations of the Senate, the study conducted by
the National Academy of Sciences together with the
Foundation's reaction to the study authorized under
paragraph (1).]
AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009
[Public Law 111-5; 123 Stat. 245]
SEC. 13202. RESEARCH AND DEVELOPMENT PROGRAMS.
[42 U.S.C. 17912]
(a) Health Care Information Enterprise Integration Research
Centers.--
(1) In general.--The Director of the National
Institute of Standards and Technology, in consultation
with the Director of the National Science Foundation
and other appropriate Federal agencies, shall establish
a program of assistance to institutions of higher
education (or consortia thereof which may include
nonprofit entities and Federal Government laboratories)
to establish multidisciplinary Centers for Health Care
Information Enterprise Integration.
(2) Review; competition.--Grants shall be awarded
under this subsection on a merit-reviewed, competitive
basis.
(3) Purpose.--The purposes of the Centers described
in paragraph (1) shall be--
(A) to generate innovative approaches to
health care information enterprise integration
by conducting cutting-edge, multidisciplinary
research on the systems challenges to health
care delivery; and
(B) the development and use of health
information technologies and other
complementary fields.
(4) Research areas.--Research areas may include--
(A) interfaces between human information and
communications technology systems;
(B) voice-recognition systems;
(C) software that improves interoperability
and connectivity among health information
systems;
(D) software dependability in systems
critical to health care delivery;
(E) measurement of the impact of information
technologies on the quality and productivity of
health care;
(F) health information enterprise management;
(G) health information technology security
and integrity; and
(H) relevant health information technology to
reduce medical errors.
(5) Applications.--An institution of higher education
(or a consortium thereof) seeking funding under this
subsection shall submit an application to the Director
of the National Institute of Standards and Technology
at such time, in such manner, and containing such
information as the Director may require. The
application shall include, at a minimum, a description
of--
(A) the research projects that will be
undertaken by the Center established pursuant
to assistance under paragraph (1) and the
respective contributions of the participating
entities;
(B) how the Center will promote active
collaboration among scientists and engineers
from different disciplines, such as information
technology, biologic sciences, management,
social sciences, and other appropriate
disciplines;
(C) technology transfer activities to
demonstrate and diffuse the research results,
technologies, and knowledge; and
(D) how the Center will contribute to the
education and training of researchers and other
professionals in fields relevant to health
information enterprise integration.
(b) National Information Technology Research and Development
Program.--The [National High-Performance Computing Program]
Networking and Information Technology Research and Development
Program established by section 101 of the High-Performance
Computing Act of 1991 (15 U.S.C. 5511) shall include Federal
research and development programs related to health information
technology.
ENTERPRISE INTEGRATION ACT OF 2002
[15 U.S.C. 278g-5]
SEC. 3. ENTERPRISE INTEGRATION INITIATIVE.
[15 U.S.C. 278g-5]
(a) Establishment.--The Director shall establish an
initiative for advancing enterprise integration within the
United States. In carrying out this section, the Director shall
involve, as appropriate, the various units of the National
Institute of Standards and Technology, including the National
Institute of Standards and Technology laboratories (including
the Building and Fire Research Laboratory), the Hollings
Manufacturing Extension Partnership program established under
sections 25 and 26 of the National Institute of Standards and
Technology Act (15 U.S.C. 278k and 278l), and the Malcolm
Baldrige National Quality Program. This initiative shall build
upon ongoing efforts of the National Institute of Standards and
Technology and of the private sector, shall involve consortia
that include government and industry, and shall address the
enterprise integration needs of each United States major
manufacturing industry at the earliest possible date.
(b) Assessment.--For each major manufacturing industry, the
Director may work with industry, trade associations,
professional societies, and others as appropriate, to identify
enterprise integration standardization and implementation
activities underway in the United States and abroad that affect
that industry and to assess the current state of enterprise
integration within that industry. The Director may assist in
the development of roadmaps to permit supply chains within the
industry to operate as an integrated electronic enterprise. The
roadmaps shall be based on voluntary consensus standards.
(c) Authorized Activities.--In order to carry out this Act,
the Director may work with industry, trade associations,
professional societies, and others as appropriate--
(1) to raise awareness in the United States,
including awareness by businesses that are majority
owned by women, minorities, or both, of enterprise
integration activities in the United States and abroad,
including by the convening of conferences;
(2) on the development of enterprise integration
roadmaps;
(3) to support the development, testing,
promulgation, integration, adoption, and upgrading of
standards related to enterprise integration including
application protocols; and
(4) to provide technical assistance and, if
necessary, financial support to small- and medium-sized
businesses that set up pilot projects in enterprise
integration.
(d) Manufacturing Extension Program.--The Director shall
ensure that the Manufacturing Extension Program is prepared to
advise small- and medium-sized businesses on how to acquire the
expertise, equipment, and training necessary to participate
fully in supply chains using enterprise integration.
AMERICA COMPETES ACT
[Public Law 110-69; 121 Stat. 572]
SEC. 1008. SENSE OF CONGRESS ON INNOVATION ACCELERATION RESEARCH.
[42 U.S.C. 6603]
(a) Sense of Congress on Support and Promotion of Innovation
in the United States.--It is the sense of Congress that each
Federal research agency should strive to support and promote
innovation in the United States through high-risk, high-reward
basic research projects that--
(1) meet fundamental technological or scientific
challenges;
(2) involve multidisciplinary work; and
(3) involve a high degree of novelty.
(b) Sense of Congress on Setting Annual Funding Goals for
Basic Research.--It is the sense of Congress that each
Executive agency that funds research in science, technology,
engineering, or mathematics should set a goal of allocating an
appropriate percentage of the annual basic research budget of
such agency to funding high-risk, high-reward basic research
projects described in subsection (a).
[(c) Report.--Each Executive agency described in subsection
(b) shall submit to Congress each year, together with documents
submitted to Congress in support of the budget of the President
for the fiscal year beginning in such year (as submitted
pursuant to section 1105 of title 31, United States Code), a
report describing whether a funding goal as described in
subsection (b) has been established, and if such a goal has
been established, the following:
[(1) A description of such funding goal.
[(2) Whether such funding goal is being met by the
agency.
[(3) A description of activities supported by amounts
allocated in accordance with such funding goal.]
[(d)](c) Definitions.--In this section:
(1) Basic research.--The term ``basic research'' has
the meaning given such term in the Office of Management
and Budget Circular No. A-11.
(2) Executive agency.--The term ``Executive agency''
has the meaning given such term in section 105 of title
5, United States Code.
SEC. 4002. NOAA OCEAN AND ATMOSPHERIC SCIENCE EDUCATION PROGRAMS.
[33 U.S.C. 893a]
(a) In General.--The Administrator of the National Oceanic
and Atmospheric Administration shall conduct, develop, support,
promote, and coordinate formal and informal educational
activities at all levels to enhance public awareness and
understanding of ocean, coastal, Great Lakes, and atmospheric
science and stewardship by the general public and other coastal
stakeholders, including underrepresented groups in ocean and
atmospheric science and policy careers. In conducting those
activities, the Administrator shall build upon the educational
programs and activities of agency, with consideration given to
the goal of promoting the participation of individuals from
underrepresented groups, including ethnic, racial, and economic
minority groups, in STEM fields and in promoting the
acquisition and retention of highly qualified and motivated
young scientists to complement and supplement workforce needs.
(b) Educational Program Goals.--The education programs
developed by NOAA shall, to the extent applicable--
(1) carry out and support research based programs and
activities designed to increase student interest and
participation in STEM;
(2) improve public literacy in STEM;
(3) employ proven strategies and methods for
improving student learning and teaching in STEM;
(4) provide curriculum support materials and other
resources that--
(A) are designed to be integrated with
comprehensive STEM education;
(B) are aligned with national science
education standards; [and]
(C) are designed considering the unique needs
of underrepresented racial and ethnic groups,
translating such materials and other resources
into appropriate multi-lingual curricula;
[(C)](D) promote the adoption and
implementation of high-quality education
practices that build toward college and career-
readiness; and
(E) are promoted widely, especially among
underrepresented groups (including among racial
and ethnic minority communities); and
(5) create and support opportunities for enhanced and
ongoing professional development for teachers using
best practices that improves the STEM content and
knowledge of the teachers, including through programs
linking STEM teachers with STEM educators at the higher
education level.
(c) NOAA Science Education Plan.--The Administrator,
appropriate National Oceanic and Atmospheric Administration
programs, ocean atmospheric science and education experts, and
interested members of the public shall maintain a science
education plan setting forth education goals and strategies for
the Administration, as well as programmatic actions to carry
out such goals and priorities over the next 20 years, and
evaluate and update such plan every 5 years.
(d) Metrics.--In executing the National Oceanic and
Atmospheric Administration science education plan under
subsection (c), the Administrator shall maintain a
comprehensive system for evaluating the Administration's
educational programs and activities. In so doing, the
Administrator shall ensure that such education programs have
measurable objectives and milestones as well as clear,
documented metrics for evaluating programs. For each such
education program or portfolio of similar programs, the
Administrator shall--
(1) encourage the collection of evidence as relevant
to the measurable objectives and milestones; and
(2) ensure that program or portfolio evaluations
focus on educational outcomes and not just inputs,
activities completed, or the number of participants.
[(d)](e) Construction.--Nothing in this section may be
construed to affect the application of section 438 of the
General Education Provisions Act (20 U.S.C. 1232a) or sections
504 and 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794
and 794d).
[(e)](f) STEM Defined.--In this section, the term ``STEM''
means the academic and professional disciplines of science,
technology, engineering, and mathematics.
[SEC. 6111. PURPOSE.
[20 U.S.C. 9811]
[The purpose of this part is--
[(1) to develop and implement programs to provide
integrated courses of study in science, technology,
engineering, mathematics, or critical foreign
languages, and teacher education, that lead to a
baccalaureate degree in science, technology,
engineering, mathematics, or a critical foreign
language, with concurrent teacher certification;
[(2) to develop and implement 2- or 3-year part-time
master's degree programs in science, technology,
engineering, mathematics, or critical foreign language
education for teachers in order to enhance the
teachers' content knowledge and pedagogical skills; and
[(3) to develop programs for professionals in
science, technology, engineering, mathematics, or
critical foreign language education that lead to a
master's degree in teaching that results in teacher
certification.]
[SEC. 6112. DEFINITIONS.
[20 U.S.C. 9812]
[In this part:
[(1) Children from low-income families.--The term
``children from low-income families'' means children
described in section 1124(c)(1)(A) of the Elementary
and Secondary Education Act of 1965 (20 U.S.C.
6333(c)(1)(A)).
[(2) Eligible recipient.--The term ``eligible
recipient'' means an institution of higher education
that receives grant funds under this part on behalf of
a department of science, technology, engineering,
mathematics, or a critical foreign language, or on
behalf of a department or school with a competency-
based degree program (in science, technology,
engineering, mathematics, or a critical foreign
language) that includes teacher certification, for use
in carrying out activities assisted under this part.
[(3) High-need local educational agency.--The term
``high-need local educational agency'' means a local
educational agency or educational service agency--
[(A)(i) that serves not fewer than 10,000
children from low-income families;
[(ii) for which not less than 20
percent of the children served by the
agency are children from low-income
families; or
[(iii) with a total of less than 600
students in average daily attendance at
the schools that are served by the
agency and all of whose schools are
designated with a school locale code of
41, 42, or 43, as determined by the
Secretary; and
[(B)(i) for which there is a high percentage
of teachers providing instruction in academic
subject areas or grade levels for which the
teachers are not highly qualified; or
[(ii) for which there is a high
teacher turnover rate or a high
percentage of teachers with emergency,
provisional, or temporary certification
or licensure.
[(4) Highly qualified.--The term ``highly qualified''
has the meaning given such term in section 9101 of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801) and, with respect to special education
teachers, in section 602 of the Individuals with
Disabilities Education Act (20 U.S.C. 1401).
[(5) Partnership.--The term ``partnership'' means a
partnership that--
[(A) shall include--
[(i) an eligible recipient;
[(ii)(I)(aa) a department within the
eligible recipient that provides a
program of study in science,
technology, engineering, mathematics,
or a critical foreign language; and
[(bb) a school,
department, or program
of education within the
eligible recipient, or
a 2-year institution of
higher education that
has a teacher
preparation offering or
a dual enrollment
program with the
eligible recipient; or
[(II) a department or school
within the eligible recipient
with a competency-based degree
program (in science,
technology, engineering,
mathematics, or a critical
foreign language) that includes
teacher certification; and
[(iii) not less than 1 high-need
local educational agency and a public
school or a consortium of public
schools served by the agency; and
[(B) may include a nonprofit organization
that has a demonstrated record of providing
expertise or support to meet the purposes of
this part.
[(6) Teaching skills.--The term ``teaching skills''
means the ability to--
[(A) increase student achievement and
learning and increase a student's ability to
apply knowledge;
[(B) effectively convey and explain academic
subject matter;
[(C) employ strategies grounded in the
disciplines of teaching and learning that--
[(i) are based on scientifically
valid research;
[(ii) are specific to academic
subject matter; and
[(iii) focus on the identification of
students' specific learning needs,
particularly students with
disabilities, students who are limited
English proficient, students who are
gifted and talented, and students with
low literacy levels, and the tailoring
of academic instruction to such needs;
[(D) conduct ongoing assessment of student
learning;
[(E) effectively manage a classroom; and
[(F) communicate and work with parents and
guardians, and involve parents and guardians in
their children's education.]
[SEC. 6113. PROGRAMS FOR BACCALAUREATE DEGREES IN SCIENCE, TECHNOLOGY,
ENGINEERING, MATHEMATICS, OR CRITICAL FOREIGN
LANGUAGES, WITH CONCURRENT TEACHER CERTIFICATION.
[20 U.S.C. 9813]
[(a) Program Authorized.--From the amounts made available to
carry out this section under section 6116(1) and not reserved
under section 6115(d) for a fiscal year, the Secretary is
authorized to award grants, on a competitive basis, to eligible
recipients to enable partnerships served by the eligible
recipients to develop and implement programs to provide courses
of study in science, technology, engineering, mathematics, or
critical foreign languages that--
[(1) are integrated with teacher education; and
[(2) lead to a baccalaureate degree in science,
technology, engineering, mathematics, or a critical
foreign language with concurrent teacher certification.
[(b) Application.--Each eligible recipient desiring a grant
under this section shall submit an application to the Secretary
at such time and in such manner as the Secretary may require.
Each application shall--
[(1) describe the program for which assistance is
sought;
[(2) describe how a department of science,
technology, engineering, mathematics, or a critical
foreign language participating in the partnership will
ensure significant collaboration with a teacher
preparation program in the development of undergraduate
degrees in science, technology, engineering,
mathematics, or a critical foreign language, with
concurrent teacher certification, including providing
student teaching and other clinical classroom
experiences or how a department or school participating
in the partnership with a competency-based degree
program has ensured, in the development of a
baccalaureate degree program in science, technology,
engineering, mathematics, or a critical foreign
language, the provision of concurrent teacher
certification, including providing student teaching and
other clinical classroom experiences;
[(3) describe the high-quality research, laboratory,
or internship experiences, integrated with coursework,
that will be provided under the program;
[(4) describe how members of groups that are
underrepresented in the teaching of science,
technology, engineering, mathematics, or critical
foreign languages will be encouraged to participate in
the program;
[(5) describe how program participants will be
encouraged to teach in schools determined by the
partnership to be most in need, and the assistance in
finding employment in such schools that will be
provided;
[(6) describe the ongoing activities and services
that will be provided to graduates of the program;
[(7) describe how the activities of the partnership
will be coordinated with any activities funded through
other Federal grants, and how the partnership will
continue the activities assisted under the program when
the grant period ends;
[(8) describe how the partnership will assess the
content knowledge and teaching skills of the program
participants; and
[(9) provide any other information the Secretary may
reasonably require.
[(c) Priority.--Priority shall be given to applications whose
primary focus is on placing participants in high-need local
educational agencies.
[(d) Authorized Activities.--
[(1) In general.--Each eligible recipient receiving a
grant under this section shall use the grant funds to
enable a partnership to develop and implement a program
to provide courses of study in science, technology,
engineering, mathematics, or a critical foreign
language that--
[(A) are integrated with teacher education
programs that promote effective teaching
skills; and
[(B) lead to a baccalaureate degree in
science, technology, engineering, mathematics,
or a critical foreign language with concurrent
teacher certification.
[(2) Program requirements.--The program shall--
[(A) provide high-quality research,
laboratory, or internship experiences for
program participants;
[(B) provide student teaching or other
clinical classroom experiences that--
[(i) are integrated with coursework;
and
[(ii) lead to the participants'
ability to demonstrate effective
teaching skills;
[(C) if implementing a program in which
program participants are prepared to teach
science, technology, engineering, mathematics,
or critical foreign language courses, include
strategies for improving student literacy;
[(D) encourage the participation of
individuals who are members of groups that are
underrepresented in the teaching of science,
technology, engineering, mathematics, or
critical foreign languages;
[(E) encourage participants to teach in
schools determined by the partnership to be
most in need, and actively assist the
participants in finding employment in such
schools;
[(F) offer training in the use of and
integration of educational technology;
[(G) collect data regarding and evaluate,
using measurable objectives and benchmarks, the
extent to which the program succeeded in--
[(i) increasing the percentage of
highly qualified mathematics, science,
or critical foreign language teachers,
including increasing the percentage of
such teachers teaching in those schools
determined by the partnership to be
most in need;
[(ii) improving student academic
achievement in mathematics, science,
and where applicable, technology and
engineering;
[(iii) increasing the number of
students in secondary schools enrolled
in upper level mathematics, science,
and, where available, technology and
engineering courses; and
[(iv) increasing the numbers of
elementary school and secondary school
students enrolled in and continuing in
critical foreign language courses;
[(H) collect data on the employment placement
and retention of all graduates of the program,
including information on how many graduates are
teaching and in what kinds of schools;
[(I) provide ongoing activities and services
to graduates of the program who teach
elementary school or secondary school, by--
[(i) keeping the graduates informed
of the latest developments in their
respective academic fields; and
[(ii) supporting the graduates of the
program who are employed in schools in
the local educational agency
participating in the partnership during
the initial years of teaching through--
[(I) induction programs;
[(II) promotion of effective
teaching skills; and
[(III) providing
opportunities for regular
professional development; and
[(J) develop recommendations to improve the
school, department, or program of education
participating in the partnership.
[(e) Annual Report.--Each eligible recipient receiving a
grant under this section shall collect and report to the
Secretary annually such information as the Secretary may
reasonably require, including--
[(1) the number of participants in the program;
[(2) information on the academic majors of
participating students;
[(3) the race, gender, income, and disability status
of program participants;
[(4) the placement of program participants as
teachers in schools determined by the partnership to be
most in need;
[(5) the extent to which the program succeeded in
meeting the objectives and benchmarks described in
subsection (d)(2)(G); and
[(6) the data collected under subparagraphs (G) and
(H) of subsection (d)(2).
[(f) Technical Assistance.--From the funds made available
under section 6116(1), the Secretary may provide technical
assistance to an eligible recipient developing a baccalaureate
degree program with concurrent teacher certification, including
technical assistance provided through a grant or contract
awarded on a competitive basis to an institution of higher
education or a technical assistance center.
[(g) Compliance With FERPA.--Any activity under this section
shall be carried out in compliance with section 444 of the
General Education Provisions Act (20 U.S.C. 1232g) (commonly
known as the Family Educational Rights and Privacy Act of
1974).
[(h) Induction Program Defined.--In this section, the term
``induction program'' means a formalized program for new
teachers during not less than the teachers' first 2 years of
teaching that is designed to provide support for, and improve
the professional performance and advance the retention in the
teaching field of, beginning teachers. Such program shall
promote effective teaching skills and shall include the
following components:
[(1) High-quality teacher mentoring.
[(2) Periodic, structured time for collaboration with
teachers in the same department or field, as well as
time for information-sharing among teachers,
principals, administrators, and participating faculty
in the partner institution.
[(3) The application of empirically based practice
and scientifically valid research on instructional
practices.
[(4) Opportunities for new teachers to draw directly
upon the expertise of teacher mentors, faculty, and
researchers to support the integration of empirically
based practice and scientifically valid research with
practice.
[(5) The development of skills in instructional and
behavioral interventions derived from empirically based
practice and, where applicable, scientifically valid
research.
[(6) Faculty who--
[(A) model the integration of research and
practice in the classroom; and
[(B) assist new teachers with the effective
use and integration of technology in the
classroom.
[(7) Interdisciplinary collaboration among exemplary
teachers, faculty, researchers, and other staff who
prepare new teachers on the learning process and the
assessment of learning.
[(8) Assistance with the understanding of data,
particularly student achievement data, and the data's
applicability in classroom instruction.
[(9) Regular evaluation of the new teacher.]
[SEC. 6114. PROGRAMS FOR MASTER'S DEGREES IN SCIENCE, TECHNOLOGY,
ENGINEERING, MATHEMATICS, OR CRITICAL FOREIGN
LANGUAGE EDUCATION.
[20 U.S.C. 9814]
[(a) Program Authorized.--From the amounts made available to
carry out this section under section 6116(2) and not reserved
under section 6115(d) for a fiscal year, the Secretary is
authorized to award grants, on a competitive basis, to eligible
recipients to enable the partnerships served by the eligible
recipients to develop and implement--
[(1) 2- or 3-year part-time master's degree programs
in science, technology, engineering, mathematics, or
critical foreign language education for teachers in
order to enhance the teacher's content knowledge and
teaching skills; or
[(2) programs for professionals in science,
technology, engineering, mathematics, or a critical
foreign language that lead to a 1-year master's degree
in teaching that results in teacher certification.
[(b) Application.--Each eligible recipient desiring a grant
under this section shall submit an application to the Secretary
at such time and in such manner as the Secretary may require.
Each application shall describe--
[(1) how a department of science, technology,
engineering, mathematics, or a critical foreign
language will ensure significant collaboration with a
school, department, or program of education in the
development of the master's degree programs authorized
under subsection (a), or how a department or school
with a competency-based degree program has ensured, in
the development of a master's degree program, the
provision of rigorous studies in science, technology,
engineering, mathematics, or a critical foreign
language that enhance the teachers' content knowledge
and teaching skills;
[(2) the role of the local educational agency in the
partnership in developing and administering the program
and how feedback from the local educational agency,
school, and participants will be used to improve the
program;
[(3) how the program will help increase the
percentage of highly qualified mathematics, science, or
critical foreign language teachers, including
increasing the percentage of such teachers teaching in
schools determined by the partnership to be most in
need;
[(4) how the program will--
[(A) improve student academic achievement in
mathematics, science, and, where applicable,
technology and engineering and increase the
number of students taking upper-level courses
in such subjects; or
[(B) increase the numbers of elementary
school and secondary school students enrolled
and continuing in critical foreign language
courses;
[(5) how the program will prepare participants to
become more effective science, technology, engineering,
mathematics, or critical foreign language teachers;
[(6) how the program will prepare participants to
assume leadership roles in their schools;
[(7) how teachers (or science, technology,
engineering, mathematics, or critical foreign language
professionals) who are members of groups that are
underrepresented in the teaching of science,
technology, engineering, mathematics, or critical
foreign languages and teachers from schools determined
by the partnership to be most in need will be
encouraged to apply for and participate in the program;
[(8) the ongoing activities and services that will be
provided to graduates of the program;
[(9) how the partnership will continue the activities
assisted under the grant when the grant period ends;
[(10) how the partnership will assess, during the
program, the content knowledge and teaching skills of
the program participants; and
[(11) methods to ensure applicants to the master's
degree program for professionals in science,
technology, engineering, mathematics, or a critical
foreign language demonstrate advanced knowledge in the
relevant subject.
[(c) Authorized Activities.--Each eligible recipient
receiving a grant under this section shall use the grant funds
to develop and implement a 2- or 3-year part-time master's
degree program in science, technology, engineering,
mathematics, or critical foreign language education for
teachers in order to enhance the teachers' content knowledge
and teaching skills, or programs for professionals in science,
technology, engineering, mathematics, or a critical foreign
language that lead to a 1-year master's degree in teaching that
results in teacher certification. The program shall--
[(1) promote effective teaching skills so that
program participants become more effective science,
technology, engineering, mathematics, or critical
foreign language teachers;
[(2) prepare teachers to assume leadership roles in
their schools by participating in activities such as
teacher mentoring, development of curricula that
integrate state of the art applications of science,
technology, engineering, mathematics, or critical
foreign language into the classroom, working with
school administrators in establishing in-service
professional development of teachers, and assisting in
evaluating data and assessments to improve student
academic achievement;
[(3) use high-quality research, laboratory, or
internship experiences for program participants that
are integrated with coursework;
[(4) provide student teaching or clinical classroom
experience;
[(5) if implementing a program in which participants
are prepared to teach science, technology, engineering,
mathematics, or critical foreign language courses,
provide strategies for improving student literacy;
[(6) align the content knowledge in the master's
degree program with challenging student academic
achievement standards and challenging academic content
standards established by the State in which the program
is conducted;
[(7) encourage the participation of--
[(A) individuals who are members of groups
that are underrepresented in the teaching of
science, technology, engineering, mathematics,
or critical foreign languages;
[(B) members of the Armed Forces who are
transitioning to civilian life; and
[(C) teachers teaching in schools determined
by the partnership to be most in need;
[(8) offer tuition assistance, based on need, as
appropriate;
[(9) create opportunities for enhanced and ongoing
professional development for teachers that improves the
science, technology, engineering, mathematics, and
critical foreign language content knowledge and
teaching skills of such teachers; and
[(10) evaluate and report on the impact of the
program, in accordance with subsection (d).
[(d) Evaluation and Report.--Each eligible recipient
receiving a grant under this section shall evaluate, using
measurable objectives and benchmarks, and provide an annual
report to the Secretary regarding, the extent to which the
program assisted under this section succeeded in the following:
[(1) Increasing the number and percentage of science,
technology, engineering, mathematics, or critical
foreign language teachers who have a master's degree
and meet 1 or more of the following requirements:
[(A) Are teaching in schools determined by
the partnership to be most in need, and taught
in such schools prior to participation in the
program.
[(B) Are teaching in schools determined by
the partnership to be most in need, and did not
teach in such schools prior to participation in
the program.
[(C) Are members of a group underrepresented
in the teaching of science, technology,
engineering, mathematics, or a critical foreign
language.
[(2) Bringing professionals in science, technology,
engineering, mathematics, or a critical foreign
language into the field of teaching.
[(3) Retaining teachers who participate in the
program.]
[SEC. 6115. GENERAL PROVISIONS.
[20 U.S.C. 9815]
[(a) Duration of Grants.--The Secretary shall award each
grant under this part for a period of not more than 5 years.
[(b) Matching Requirement.--Each eligible recipient that
receives a grant under this part shall provide, from non-
Federal sources, an amount equal to 50 percent of the amount of
the grant (which may be provided in cash or in kind) to carry
out the activities supported by the grant.
[(c) Supplement, Not Supplant.--Grant funds provided under
this part shall be used to supplement, and not supplant, other
Federal or State funds.
[(d) Evaluation.--From amounts made available for any fiscal
year under section 6116, the Secretary shall reserve such sums
as may be necessary--
[(1) to provide for the conduct of an annual
independent evaluation, by grant or by contract, of the
activities assisted under this part, which shall
include an assessment of the impact of the activities
on student academic achievement; and
[(2) to prepare and submit an annual report on the
results of the evaluation described in paragraph (1) to
the Committee on Health, Education, Labor, and Pensions
of the Senate, the Committee on Education and Labor of
the House of Representatives, and the Committees on
Appropriations of the Senate and House of
Representatives.]
[SEC. 6116. AUTHORIZATION OF APPROPRIATIONS.
[20 U.S.C. 9816]
[There are authorized to be appropriated to carry out this
part $4,000,000 for each of fiscal years 2011 through 2013, of
which--
[(1) $2,000,000 shall be available to carry out
section 6113 for each of fiscal years 2011 through
2013; and
[(2) $2,000,000 shall be available to carry out
section 6114 for each of fiscal years 2011 through
2013.]
SEC. 7012. FUNDING FOR SUCCESSFUL SCIENCE, TECHNOLOGY, ENGINEERING, AND
MATHEMATICS EDUCATION PROGRAMS.
[42 U.S.C. 1862o-4]
(a) Evaluation of Programs.--The Director shall, on an annual
basis, evaluate all of the Foundation's grants that are
scheduled to expire within 1 year and--
(1) that have the primary purpose of meeting the
objectives of the Science and Engineering Equal
Opportunity Act (42 U.S.C. 1885 et seq.); or
(2) that have the primary purpose of providing
teacher professional development.
(b) Continuation of Funding.--For grants that are identified
under subsection (a) and that are determined by the Director to
be successful in meeting the objectives of the initial grant
solicitation, the Director may extend the duration of those
grants for not more than 3 additional years beyond their
scheduled expiration without the requirement for a
recompetition.
[(c) Report to Congress.--Not later than 1 year after the
date of enactment of this Act, and annually thereafter, the
Director shall submit a report to the Committee on Science and
Technology of the House of Representatives and to the Committee
on Commerce, Science, and Transportation and the Committee on
Health, Education, Labor, and Pensions of the Senate that--
[(1) lists the grants that have been extended in
duration by the authority provided under this section;
and
[(2) provides any recommendations the Director may
have regarding the extension of the authority provided
under this section to programs other than those
specified in subsection (a).]
SEC. 7031. ENCOURAGING PARTICIPATION.
[42 U.S.C. 1862o-11]
* * * * * * *
[(b) Evaluation and Report.--The Director shall establish
metrics to evaluate the success of the programs established by
the Foundation for encouraging individuals identified in
section 33 or 34 of the Science and Engineering Equal
Opportunities Act (42 U.S.C. 1885a or 1885b) to study and
prepare for careers in science, technology, engineering, and
mathematics, including programs that provide for mentoring for
such individuals. The Director shall carry out evaluations
based on the metrics developed and report to Congress annually
on the findings and conclusions of the evaluations.]
AMERICA COMPETES REAUTHORIZATION ACT OF 2010
[Public Law 111-358; 124 Stat. 3982]
SEC. 101. COORDINATION OF FEDERAL STEM EDUCATION.
[42 U.S.C. 6621]
(a) Establishment.--The Director shall establish a committee
under the National Science and Technology Council, including
the Office of Management and Budget, with the responsibility to
coordinate Federal programs and activities in support of STEM
education, including at the National Science Foundation, the
Department of Energy, the National Aeronautics and Space
Administration, the National Oceanic and Atmospheric
Administration, the Department of Education, and all other
Federal agencies that have programs and activities in support
of STEM education.
(b) Responsibilities.--The committee established under
subsection (a) shall--
(1) coordinate the STEM education activities and
programs of the Federal agencies;
(2) coordinate STEM education activities and programs
with the Office of Management and Budget;
(3) encourage the teaching of innovation and
entrepreneurship as part of STEM education activities;
(4) review STEM education activities and programs to
ensure they are not duplicative of similar efforts
within the Federal government;
(5) develop, implement through the participating
agencies, and update once every 5 years a 5-year STEM
education strategic plan, which shall--
(A) specify and prioritize annual and long-
term objectives;
(B) specify the common metrics that will be
used to assess progress toward achieving the
objectives;
(C) describe the approaches that will be
taken by each participating agency to assess
the effectiveness of its STEM education
programs and activities; and
(D) with respect to subparagraph (A),
describe the role of each agency in supporting
programs and activities designed to achieve the
objectives[; and];
(6) establish, periodically update, and maintain an
inventory of Federally sponsored STEM education
programs and activities, including documentation of
assessments of the effectiveness of such programs and
activities and rates of participation by women,
underrepresented minorities, and persons in rural areas
in such programs and activities[.];
(7) collaborate with the STEM Education Advisory
Panel established under section 303 of the American
Innovation and Competitiveness Act and other outside
stakeholders to ensure the engagement of the STEM
education community;
(8) review the measures used by a Federal agency to
evaluate its STEM education activities and programs;
(9) request and review feedback from States on how
the States are utilizing Federal STEM education
programs and activities; and
(10) recommend the reform, termination, or
consolidation of Federal STEM education activities and
programs, taking into consideration the recommendations
of the STEM Education Advisory Panel.
[(b)](c) [Responsibilities of OSTP] Responsibilities of
OSTP.--The Director shall encourage and monitor the efforts of
the participating agencies to ensure that the strategic plan
under subsection (b)(5) is developed and executed effectively
and that the objectives of the strategic plan are met.
[(c)](d) [Report] Report.--The Director shall transmit a
report annually to Congress at the time of the President's
budget request describing the plan required under subsection
(b)(5). The annual report shall include--
(1) a description of the STEM education programs and
activities for the previous and current fiscal years,
and the proposed programs and activities under the
President's budget request, of each participating
Federal agency;
(2) the levels of funding for each participating
Federal agency for the programs and activities
described under paragraph (1) for the previous fiscal
year and under the President's budget request;
(3) an evaluation of the levels of duplication and
fragmentation of the programs and activities described
under paragraph (1);
(4) except for the initial annual report, a
description of the progress made in carrying out the
implementation plan, including a description of the
outcome of any program assessments completed in the
previous year, and any changes made to that plan since
the previous annual report[; and];
(5) a description of how the participating Federal
agencies will disseminate information about Federally
supported resources for STEM education practitioners,
including teacher professional development programs, to
States and to STEM education practitioners, including
to teachers and administrators in schools that meet the
criteria described in subsection (c)(1)(A) and (B) of
section 3175 of the Department of Energy Science
Education Enhancement Act (42 U.S.C. 7381j(c)(1)(A) and
(B))[.];
(6) a description of all consolidations and
terminations of Federal STEM education programs and
activities implemented in the previous fiscal year,
including an explanation for the consolidations and
terminations;
(7) recommendations for reforms, consolidations, and
terminations of STEM education programs or activities
in the upcoming fiscal year; and
(8) a description of any significant new STEM
education public-private partnerships.
SEC. 502. DEFINITIONS.
[42 U.S.C. 1862p note]
In this subtitle:
(1) Director.--The term ``Director'' means the
Director of the National Science Foundation.
[(2) EPSCoR.--The term ``EPSCoR'' means the
Experimental Program to Stimulate Competitive
Research.]
(2) EPSCoR.--The term ``EPSCoR'' means--
(A) the Established Program to Stimulate
Competitive Research established by the
Foundation; or
(B) a program similar to the Established
Program to Stimulate Competitive Research at
another Federal agency.
(3) Foundation.--The term ``Foundation'' means the
National Science Foundation established under section 2
of the National Science Foundation Act of 1950 (42
U.S.C. 1861).
(4) Institution of higher education.--The term
``institution of higher education'' has the meaning
given such term in section 101(a) of the Higher
Education Act of 1965 (20 U.S.C. 1001(a)).
(5) State.--The term ``State'' means one of the
several States, the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands, Guam,
American Samoa, the Commonwealth of the Northern
Mariana Islands, or any other territory or possession
of the United States.
(6) United states.--The term ``United States'' means
the several States, the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands, Guam,
American Samoa, the Commonwealth of the Northern
Mariana Islands, and any other territory or possession
of the United States.
SEC. 517. EXPERIMENTAL PROGRAM TO STIMULATE COMPETITIVE RESEARCH.
[42 U.S.C. 1862p-9]
(a) Findings.--The Congress finds that--
(1) [The National] the National Science Foundation
Act of 1950 stated, ``it shall be an objective of the
Foundation to strengthen research and education in the
sciences and engineering, including independent
research by individuals, throughout the United States,
and to avoid undue concentration of such research and
[education,] education'';
(2) National Science Foundation funding remains
highly concentrated, [with 27 States and 2
jurisdictions, taken together, receiving only about 10
percent of all NSF research funding; each of these
States received only a fraction of one percent of
Foundation's research dollars each year;] with 28
States and jurisdictions, taken together, receiving
only about 12 percent of all National Science
Foundation research funding;
[(3) the Nation requires the talent, expertise, and
research capabilities of all States in order to prepare
sufficient numbers of scientists and engineers, remain
globally competitive and support economic development.]
(3) each of the States described in paragraph (2)
receives only a fraction of 1 percent of the
Foundation's research dollars each year;
(4) first established at the National Science
Foundation in 1979, the Experimental Program to
Stimulate Competitive Research (referred to in this
section as ``EPSCoR'') assists States and jurisdictions
historically underserved by Federal research and
development funding in strengthening their research and
innovation capabilities;
(5) the EPSCoR structure requires each participating
State to develop a science and technology plan suited
to State and local research, education, and economic
interests and objectives;
(6) EPSCoR has been credited with advancing the
research competitiveness of participating States,
improving awareness of science, promoting policies that
link scientific investment and economic growth, and
encouraging partnerships between government, industry,
and academia;
(7) EPSCoR proposals are evaluated through a rigorous
and competitive merit-review process to ensure that
awarded research and development efforts meet high
scientific standards; and
(8) according to the National Academy of Sciences,
EPSCoR has strengthened the national research
infrastructure and enhanced the educational
opportunities needed to develop the science and
engineering workforce.
(b) Continuation of Program.--The Director shall continue to
carry out EPSCoR, with the objective of helping the eligible
States to develop the research infrastructure that will make
them more competitive for Foundation and other Federal research
funding. The program shall continue to increase as the National
Science Foundation funding increases.
[(c) Congressional Reports.--The Director shall report to the
appropriate committees of Congress on an annual basis, using
the most recent available data--
[(1) the total amount made available, by State, under
EPSCoR;
[(2) the amount of co-funding made available to
EPSCoR States;
[(3) the total amount of National Science Foundation
funding made available to all institutions and entities
within EPSCoR States; and
[(4) efforts and accomplishments to more fully
integrate the 29 EPSCoR jurisdictions in major
activities and initiatives of the Foundation.]
[(d)](c) Coordination of EPSCoR and Similar Federal
Programs.--
(1) Another finding.--The Congress finds that a
number of Federal agencies have programs, such as
[Experimental Programs to Stimulate Competitive
Research] EPSCoR and the National Institutes of Health
Institutional Development Award program, designed to
increase the capacity for and quality of science and
technology research and training at academic
institutions in States that historically have received
relatively little Federal research and development
funding.
(2) Coordination required.--The EPSCoR Interagency
Coordinating Committee, chaired by the National Science
Foundation, shall--
(A) coordinate [EPSCoR and Federal EPSCoR-
like programs] each EPSCoR to maximize the
impact of Federal support for building
competitive research infrastructure, and in
order to achieve an integrated Federal effort;
(B) coordinate agency objectives with State
and institutional goals, to obtain continued
non-Federal support of science and technology
research and training;
(C) develop metrics to assess gains in
academic research quality and competitiveness,
and in science and technology human resource
development;
(D) conduct a cross-agency evaluation of
[EPSCoR and other Federal EPSCoR-like programs]
each EPSCoR and accomplishments, including
management, investment, and metric-measuring
strategies implemented by the different
agencies aimed to increase the number of new
investigators receiving peer-reviewed funding,
broaden participation, and empower knowledge
generation, dissemination, application, and
national research and development
competitiveness;
(E) coordinate the development and
implementation of new, novel workshops,
outreach activities, and follow-up mentoring
activities among [EPSCoR or EPSCoR-like
programs] each EPSCoR for colleges and
universities in EPSCoR States and territories
in order to increase the number of proposals
submitted and successfully funded and to
enhance statewide coordination of [EPSCoR and
Federal EPSCoR-like programs] each EPSCoR;
(F) coordinate the development of new,
innovative solicitations and programs to
facilitate collaborations, partnerships, and
mentoring activities among faculty at all
levels in non-EPSCoR and EPSCoR States and
jurisdictions;
(G) conduct an evaluation of the roles,
responsibilities and degree of autonomy that
program officers or managers (or the equivalent
position) have in executing [EPSCoR programs]
each EPSCoR at the different Federal agencies
and the impacts these differences have on the
number of EPSCoR State and jurisdiction faculty
participating in the peer review process and
the percentage of successful awards by
individual EPSCoR State jurisdiction and
individual researcher; and
(H) conduct a survey of colleges and
university faculty at all levels regarding
their knowledge and understanding of EPSCoR,
and their level of interaction with and
knowledge about their respective State or
Jurisdictional EPSCoR Committee.
(3) Meetings and reports.--The Committee shall meet
at least twice each fiscal year and shall submit an
annual report to the appropriate committees of Congress
describing progress made in carrying out paragraph (2).
[[(e)](d) Federal Agency Reports.--Each Federal agency that
administers an EPSCoR or Federal EPSCoR-like program shall
submit to the OSTP as part of its Federal budget submission--
[(1) a description of the program strategy and
objectives;
[(2) a description of the awards made in the previous
year, including--
[(A) the percentage of reviewers and number
of new reviewers from EPSCoR States;
[(B) the percentage of new investigators from
EPSCoR States;
[(C) the number of programs or large
collaborator awards involving a partnership of
organizations and institutions from EPSCoR and
non-EPSCoR States; and
[(3) an analysis of the gains in academic research
quality and competitiveness, and in science and
technology human resource development, achieved by the
program in the last year.]
(d) Federal Agency Reports.--Each Federal agency that
administers an EPSCoR shall submit to Congress, as part of its
Federal budget submission--
(1) a description of the program strategy and
objectives;
(2) a description of the awards made in the previous
fiscal year, including--
(A) the total amount made available, by
State, under EPSCoR;
(B) the total amount of agency funding made
available to all institutions and entities
within each EPSCoR State;
(C) the efforts and accomplishments to more
fully integrate the EPSCoR States in major
agency activities and initiatives;
(D) the percentage of EPSCoR reviewers from
EPSCoR States; and
(E) the number of programs or large
collaborator awards involving a partnership of
organizations and institutions from EPSCoR and
non-EPSCoR States; and
(3) an analysis of the gains in academic research
quality and competitiveness, and in science and
technology human resource development, achieved by the
program over the last 5 fiscal years.
[(f)](e) National Academy of Sciences Study.--
(1) In general.--The Director shall contract with the
National Academy of Sciences to conduct a study on all
Federal agencies that administer an [Experimental
Program to Stimulate Competitive Research or a program
similar to the Experimental Program to Stimulate
Competitive Research] EPSCoR.
(2) Matters to be addressed.--The study conducted
under paragraph (1) shall include the following:
(A) A delineation of the policies of each
Federal agency with respect to the awarding of
grants to EPSCoR States.
(B) The effectiveness of each program.
(C) Recommendations for improvements for each
agency to achieve EPSCoR goals.
(D) An assessment of the effectiveness of
EPSCoR States in using awards to develop
science and engineering research and education,
and science and engineering infrastructure
within their States.
(E) Such other issues that address the
effectiveness of EPSCoR as the National Academy
of Sciences considers appropriate.
[(g)](f) Award Structure Updates.--In implementing the
mandate to maximize the impact of Federal EPSCoR support on
building competitive research infrastructure, and based on the
inputs and recommendations of previous EPSCoR reviews, the head
of each Federal agency administering an EPSCoR program shall--
(1) consider modifications to EPSCoR proposal
solicitation, award type, and project evaluation--
(A) to more closely align with current agency
priorities and initiatives;
(B) to focus EPSCoR funding on achieving
critical scientific, infrastructure, and
educational needs of that agency;
(C) to encourage collaboration between
EPSCoR-eligible institutions and researchers,
including with institutions and researchers in
other States and jurisdictions;
(D) to improve communication between State
and Federal agency proposal reviewers; and
(E) to continue to reduce administrative
burdens associated with EPSCoR;
(2) consider modifications to EPSCoR award
structures--
(A) to emphasize long-term investments in
building research capacity, potentially through
the use of larger, renewable funding
opportunities; and
(B) to allow the agency, States, and
jurisdictions to experiment with new research
and development funding models; and
(3) consider modifications to the mechanisms used to
monitor and evaluate EPSCoR awards--
(A) to increase collaboration between EPSCoR-
funded researchers and agency staff, including
by providing opportunities for mentoring young
researchers and for the use of Federal
facilities;
(B) to identify and disseminate best
practices; and
(C) to harmonize metrics across participating
Federal agencies, as appropriate.
SEC. 526. BROADER IMPACTS REVIEW CRITERION.
[123 Stat. 4019]
(a) Goals.--The Foundation shall apply a Broader Impacts
Review Criterion to achieve the following goals:
(1) Increased economic competitiveness of the United
States.
(2) Development of a globally competitive STEM
workforce.
(3) Increased participation of women and
underrepresented minorities in STEM.
(4) Increased partnerships between academia and
industry.
(5) Improved pre-K-12 STEM education and teacher
development.
[(6) Improved undergraduate STEM education.]
(6) Improved undergraduate STEM education and
instruction.
(7) Increased public scientific literacy.
(8) Increased national security.
* * * * * * *
TITLE 10. ARMED FORCES SUBTITLE A. GENERAL MILITARY LAW PART III.
TRAINING AND EDUCATION CHAPTER 111. SUPPORT OF SCIENCE, MATHEMATICS,
AND ENGINEERING EDUCATION
Sec. 2199. Definitions
In this chapter:
(1) The term ``defense laboratory'' means a
laboratory operated by the Department of Defense or
owned by the Department of Defense and operated by a
contractor or a facility of a Defense Agency at which
research and development activities are conducted.
(2) The term ``institution of higher education'' has
the meaning given such term in section 101 of the
Higher Education Act of 1965.
(3) The term ``regional center for the transfer of
manufacturing technology'' means a [regional center]
manufacturing extension center for the transfer of
manufacturing technology and best practices referred to
in section [25(a)] 25(b) of the National Institute of
Standards and Technology Act (15 U.S.C. 278k).
TITLE 51. NATIONAL AND COMMERCIAL SPACE PROGRAMS SUBTITLE IV.
AERONAUTICS AND SPACE RESEARCH AND EDUCATION CHAPTER 403. NATIONAL
SPACE GRANT COLLEGE AND FELLOWSHIP PROGRAM
Sec. 40303. National space grant college and fellowship program
(a) Establishment.--The Administrator shall establish and
maintain, within the Administration, a program to be known as
the national space grant college and fellowship program. The
national space grant college and fellowship program shall
consist of the financial assistance and other activities
provided for in this chapter. The Administrator shall establish
long-range planning guidelines and priorities, and adequately
evaluate the program.
(b) Functions.--Within the Administration, the program
shall--
(1) apply the long-range planning guidelines and the
priorities established by the Administrator under
subsection (a);
(2) advise the Administrator with respect to the
expertise and capabilities which are available through
the national space grant college and fellowship
program, and make such expertise available to the
Administration as directed by the Administrator;
(3) evaluate activities conducted under grants and
contracts awarded pursuant to sections 40304 and 40305
of this title to ensure that the purposes set forth in
section 40301 of this title are implemented;
(4) encourage other Federal departments, agencies,
and instrumentalities to use and take advantage of the
expertise and capabilities which are available through
the national space grant college and fellowship
program, on a cooperative or other basis;
(5) encourage cooperation and coordination with other
Federal programs concerned with the development of
space resources and fields related to space;
(6) advise the Administrator on the designation of
recipients supported by the national space grant
college and fellowship program and, in appropriate
cases, on the termination or suspension of any such
designation; and
(7) encourage the formation and growth of space grant
and fellowship programs.
(c) General Authorities.--To carry out the provisions of this
chapter, the Administrator may--
(1) accept conditional or unconditional gifts or
donations of services, money, or property, real,
personal or mixed, tangible or intangible;
(2) accept and use funds from other Federal
departments, agencies, and instrumentalities to pay for
fellowships, grants, contracts, and other transactions;
and
(3) issue such rules and regulations as may be
necessary and appropriate.
(d) Program Administration Costs.--In carrying out the
provisions of this chapter, the Administrator--
(1) shall maximize appropriated funds for grants and
contracts made under section 40304 in each fiscal year;
and
(2) in each fiscal year, the Administrator shall
limit its program administration costs to no more than
5 percent of funds appropriated for this program for
that fiscal year.
(e) Reports.--For any fiscal year in which the Administrator
cannot meet the administration cost target under subsection
(d)(2), if the Administration is unable to limit program costs
under subsection (b), the Administrator shall submit to the
appropriate committees of Congress a report, including--
(1) a description of why the Administrator did not
meet the cost target under subsection (d); and
(2) the measures the Administrator will take in the
next fiscal year to meet the cost target under
subsection (d) without drawing upon other Federal
funding.
[all]