    [United States Statutes at Large, Volume 124, 111th Congress, 2nd Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    Public Law 111-358
    111th Congress

    An Act

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

    SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) <>  Short Title.--this Act may be cited as the ``America
    COMPETES Reauthorization Act of 2010'' or the ``America Creating
    Opportunities to Meaningfully Promote Excellence in Technology,
    Education, and Science Reauthorization Act of 2010''.

    (b) Table of Contents.--The table of contents for this Act is as
    follows:

    Sec. 1. Short title; table of contents.
    Sec. 2. Definitions.
    Sec. 3. Budgetary impact statement.

    TITLE I--OFFICE OF SCIENCE AND TECHNOLOGY POLICY

    Sec. 101. Coordination of Federal STEM education.
    Sec. 102. Coordination of advanced manufacturing research and
    development.
    Sec. 103. Interagency public access committee.
    Sec. 104. Federal scientific collections.
    Sec. 105. Prize competitions.

    TITLE II--NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

    Sec. 201. NASA's contribution to innovation and competitiveness.
    Sec. 202. NASA's contribution to education.
    Sec. 203. Assessment of impediments to space science and engineering
    workforce development for minority and under-represented
    groups at NASA.
    Sec. 204. International Space Station's contribution to national
    competitiveness enhancement.
    Sec. 205. Study of potential commercial orbital platform program impact
    on Science, Technology, Engineering, and Mathematics.
    Sec. 206. Definitions.

    TITLE III--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

    Sec. 301. Oceanic and atmospheric research and development program.
    Sec. 302. Oceanic and atmospheric science education programs.
    Sec. 303. Workforce study.

    TITLE IV--NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

    Sec. 401. Short title.
    Sec. 402. Authorization of appropriations.
    Sec. 403. Under Secretary of Commerce for Standards and Technology.
    Sec. 404. Manufacturing Extension Partnership.
    Sec. 405. Emergency communication and tracking technologies research
    initiative.
    Sec. 406. Broadening participation.
    Sec. 407. NIST Fellowships.
    Sec. 408. Green manufacturing and construction.
    Sec. 409. Definitions.

    [[Page 3983]]

    TITLE V--SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS SUPPORT
    PROGRAMS

    SUBTITLE A--NATIONAL SCIENCE FOUNDATION

    Sec. 501. Short title.
    Sec. 502. Definitions.
    Sec. 503. Authorization of appropriations.
    Sec. 504. National Science Board administrative amendments.
    Sec. 505. National Center for Science and Engineering statistics.
    Sec. 506. National Science Foundation manufacturing research and
    education.
    Sec. 507. National Science Board report on mid-scale instrumentation.
    Sec. 508. Partnerships for innovation.
    Sec. 509. Sustainable chemistry basic research.
    Sec. 510. Graduate student support.
    Sec. 511. Robert Noyce teacher scholarship program.
    Sec. 512. Undergraduate broadening participation program.
    Sec. 513. Research experiences for high school students.
    Sec. 514. Research experiences for undergraduates.
    Sec. 515. STEM industry internship programs.
    Sec. 516. Cyber-enabled learning for national challenges.
    Sec. 517. Experimental Program to Stimulate Competitive Research.
    Sec. 518. Sense of the Congress regarding the science, technology,
    engineering, and mathematics talent expansion program.
    Sec. 519. Sense of the Congress regarding the National Science
    Foundation's contributions to basic research and education.
    Sec. 520. Academic technology transfer and commercialization of
    university research.
    Sec. 521. Study to develop improved impact-on-society metrics.
    Sec. 522. NSF grants in support of sponsored post-doctoral fellowship
    programs.
    Sec. 523. Collaboration in planning for stewardship of large-scale
    facilities.
    Sec. 524. Cloud computing research enhancement.
    Sec. 525. Tribal colleges and universities program.
    Sec. 526. Broader impacts review criterion.
    Sec. 527. Twenty-first century graduate education.

    SUBTITLE B--STEM-TRAINING GRANT PROGRAM

    Sec. 551. Purpose.
    Sec. 552. Program requirements.
    Sec. 553. Grant program.
    Sec. 554. Grant oversight and administration.
    Sec. 555. Definitions.
    Sec. 556. Authorization of appropriations.

    TITLE VI--INNOVATION

    Sec. 601. Office of innovation and entrepreneurship.
    Sec. 602. Federal loan guarantees for innovative technologies in
    manufacturing.
    Sec. 603. Regional innovation program.
    Sec. 604. Study on economic competitiveness and innovative capacity of
    United States and development of national economic
    competitiveness strategy.
    Sec. 605. Promoting use of high-end computing simulation and modeling by
    small- and medium-sized manufacturers.

    TITLE VII--NIST GREEN JOBS

    Sec. 701. Short title.
    Sec. 702. Findings.
    Sec. 703. National Institute of Standards and Technology competitive
    grant program.

    TITLE VIII--GENERAL PROVISIONS

    Sec. 801. Government Accountability Office review.
    Sec. 802. Salary restrictions.
    Sec. 803. Additional research authorities of the FCC.

    TITLE IX--DEPARTMENT OF ENERGY

    Sec. 901. Science, engineering, and mathematics education programs.
    Sec. 902. Energy research programs.
    Sec. 903. Basic research.
    Sec. 904. Advanced Research Project Agency-Energy.

    TITLE X--EDUCATION

    Sec. 1001. References

    [[Page 3984]]

    Sec. 1002. Repeals and conforming amendments.
    Sec. 1003. Authorizations of appropriations and matching requirement.

    SEC. 2. <>  DEFINITIONS.

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

    SEC. 3. BUDGETARY IMPACT STATEMENT.

    The budgetary effects of this Act, for the purpose of complying with
    the Statutory Pay-As-You-Go-Act of 2010, shall be determined by
    reference to the latest statement titled ``Budgetary Effects of PAYGO
    Legislation'' for this Act, submitted for printing in the Congressional
    Record by the Chairman of the Senate Budget Committee, provided that
    such statement has been submitted prior to the vote on passage.

    TITLE I--OFFICE OF SCIENCE AND TECHNOLOGY POLICY

    SEC. 101. <>  COORDINATION OF FEDERAL STEM
    EDUCATION.

    (a) Establishment.--The Director shall establish a committee under
    the National Science and Technology Council, including the Office of
    Management and Budget, with the responsibility to coordinate Federal
    programs and activities in support of STEM education, including at the
    National Science Foundation, the Department of Energy, the National
    Aeronautics and Space Administration, the National Oceanic and
    Atmospheric Administration, the Department of Education, and all other
    Federal agencies that have programs and activities in support of STEM
    education.
    (b) Responsibilities.--The committee established under subsection
    (a) shall--
    (1) coordinate the STEM education activities and programs of
    the Federal agencies;
    (2) coordinate STEM education activities and programs with
    the Office of Management and Budget;
    (3) encourage the teaching of innovation and
    entrepreneurship as part of STEM education activities;
    (4) review STEM education activities and programs to ensure
    they are not duplicative of similar efforts within the Federal
    government;
    (5) <>  develop, implement
    through the participating agencies, and update once every 5
    years a 5-year STEM education strategic plan, which shall--
    (A) specify and prioritize annual and long-term
    objectives;
    (B) specify the common metrics that will be used to
    assess progress toward achieving the objectives;
    (C) describe the approaches that will be taken by
    each participating agency to assess the effectiveness of
    its STEM education programs and activities; and
    (D) with respect to subparagraph (A), describe the
    role of each agency in supporting programs and
    activities designed to achieve the objectives; and

    [[Page 3985]]

    (6) establish, periodically update, and maintain an
    inventory of federally sponsored STEM education programs and
    activities, including documentation of assessments of the
    effectiveness of such programs and activities and rates of
    participation by women, underrepresented minorities, and persons
    in rural areas in such programs and activities.

    (b) Responsibilities of OSTP.--The Director shall encourage and
    monitor the efforts of the participating agencies to ensure that the
    strategic plan under subsection (b)(5) is developed and executed
    effectively and that the objectives of the strategic plan are met.
    (c) Report.--The Director shall transmit a report annually to
    Congress at the time of the President's budget request describing the
    plan required under subsection (b)(5). The annual report shall include--
    (1) a description of the STEM education programs and
    activities for the previous and current fiscal years, and the
    proposed programs and activities under the President's budget
    request, of each participating Federal agency;
    (2) the levels of funding for each participating Federal
    agency for the programs and activities described under paragraph
    (1) for the previous fiscal year and under the President's
    budget request;
    (3) an evaluation of the levels of duplication and
    fragmentation of the programs and activities described under
    paragraph (1);
    (4) except for the initial annual report, a description of
    the progress made in carrying out the implementation plan,
    including a description of the outcome of any program
    assessments completed in the previous year, and any changes made
    to that plan since the previous annual report; and
    (5) a description of how the participating Federal agencies
    will disseminate information about federally supported resources
    for STEM education practitioners, including teacher professional
    development programs, to States and to STEM education
    practitioners, including to teachers and administrators in
    schools that meet the criteria described in subsection (c)(1)(A)
    and (B) of section 3175 of the Department of Energy Science
    Education Enhancement Act (42 U.S.C. 7381j(c)(1)(A) and (B)).

    SEC. 102. <>  COORDINATION OF ADVANCED MANUFACTURING
    RESEARCH AND DEVELOPMENT.

    (a) Interagency Committee.--The Director <>
    shall establish or designate a Committee on Technology under the
    National Science and Technology Council. The Committee shall be
    responsible for planning and coordinating Federal programs and
    activities in advanced manufacturing research and development.

    (b) Responsibilities of Committee.--The Committee shall--
    (1) coordinate the advanced manufacturing research and
    development programs and activities of the Federal agencies;
    (2) establish goals and priorities for advanced
    manufacturing research and development that will strengthen
    United States manufacturing;
    (3) work with industry organizations, Federal agencies, and
    Federally Funded Research and Development Centers not

    [[Page 3986]]

    represented on the Committee, to identify and reduce regulatory,
    logistical, and fiscal barriers within the Federal government
    and State governments that inhibit United States manufacturing;
    (4) facilitate the transfer of intellectual property and
    technology based on federally supported university research into
    commercialization and manufacturing;
    (5) identify technological, market, or business challenges
    that may best be addressed by public-private partnerships, and
    are likely to attract both participation and primary funding
    from industry;
    (6) encourage the formation of public-private partnerships
    to respond to those challenges for transition to United States
    manufacturing; and
    (7) <>  develop, and update
    every 5 years, a strategic plan to guide Federal programs and
    activities in support of advanced manufacturing research and
    development, which shall--
    (A) specify and prioritize near-term and long-term
    research and development objectives, the anticipated
    time frame for achieving the objectives, and the metrics
    for use in assessing progress toward the objectives;
    (B) specify the role of each Federal agency in
    carrying out or sponsoring research and development to
    meet the objectives of the strategic plan;
    (C) describe how the Federal agencies and Federally
    Funded Research and Development Centers supporting
    advanced manufacturing research and development will
    foster the transfer of research and development results
    into new manufacturing technologies and United States
    based manufacturing of new products and processes for
    the benefit of society to ensure national, energy, and
    economic security;
    (D) describe how Federal agencies and Federally
    Funded Research and Development Centers supporting
    advanced manufacturing research and development will
    strengthen all levels of manufacturing education and
    training programs to ensure an adequate, well-trained
    workforce;
    (E) describe how the Federal agencies and Federally
    Funded Research and Development Centers supporting
    advanced manufacturing research and development will
    assist small- and medium-sized manufacturers in
    developing and implementing new products and processes;
    and
    (F) take into consideration the recommendations of a
    wide range of stakeholders, including representatives
    from diverse manufacturing companies, academia, and
    other relevant organizations and institutions.

    (c) Report.--Not later than 1 year after the date of enactment of
    this Act, the Director shall transmit the strategic plan developed under
    subsection (b)(7) to the Senate Committee on Commerce, Science, and
    Transportation, and the House of Representatives Committee on Science
    and Technology, and shall transmit subsequent updates to those
    committees as appropriate.

    SEC. 103. <>  INTERAGENCY PUBLIC ACCESS COMMITTEE.

    (a) Establishment.--The Director shall establish a working group
    under the National Science and Technology Council with

    [[Page 3987]]

    the responsibility to coordinate Federal science agency research and
    policies related to the dissemination and long-term stewardship of the
    results of unclassified research, including digital data and peer-
    reviewed scholarly publications, supported wholly, or in part, by
    funding from the Federal science agencies.
    (b) Responsibilities.--The working group shall--
    (1) identify the specific objectives and public interests
    that need to be addressed by any policies coordinated under (a);
    (2) take into account inherent variability among Federal
    science agencies and scientific disciplines in the nature of
    research, types of data, and dissemination models;
    (3) coordinate the development or designation of standards
    for research data, the structure of full text and metadata,
    navigation tools, and other applications to maximize
    interoperability across Federal science agencies, across science
    and engineering disciplines, and between research data and
    scholarly publications, taking into account existing consensus
    standards, including international standards;
    (4) coordinate Federal science agency programs and
    activities that support research and education on tools and
    systems required to ensure preservation and stewardship of all
    forms of digital research data, including scholarly
    publications;
    (5) work with international science and technology
    counterparts to maximize interoperability between United States
    based unclassified research databases and international
    databases and repositories;
    (6) solicit input and recommendations from, and collaborate
    with, non-Federal stakeholders, including the public,
    universities, nonprofit and for-profit publishers, libraries,
    federally funded and non federally funded research scientists,
    and other organizations and institutions with a stake in long
    term preservation and access to the results of federally funded
    research;
    (7) establish priorities for coordinating the development of
    any Federal science agency policies related to public access to
    the results of federally funded research to maximize the
    benefits of such policies with respect to their potential
    economic or other impact on the science and engineering
    enterprise and the stakeholders thereof;
    (8) take into consideration the distinction between
    scholarly publications and digital data;
    (9) take into consideration the role that scientific
    publishers play in the peer review process in ensuring the
    integrity of the record of scientific research, including the
    investments and added value that they make; and
    (10) examine Federal agency practices and procedures for
    providing research reports to the agencies charged with locating
    and preserving unclassified research.

    (c) Patent or Copyright Law.--Nothing in this section shall be
    construed to undermine any right under the provisions of title 17 or 35,
    United States Code.
    (d) Application with Existing Law.--Nothing defined in section (b)
    shall be construed to affect existing law with respect to Federal
    science agencies' policies related to public access.
    (e) Report to Congress.--Not later than 1 year after the date of
    enactment of this Act, the Director shall transmit a report to Congress
    describing--

    [[Page 3988]]

    (1) the specific objectives and public interest identified
    under (b)(1);
    (2) any priorities established under subsection (b)(7);
    (3) the impact the policies described under (a) have had on
    the science and engineering enterprise and the stakeholders,
    including the financial impact on research budgets;
    (4) the status of any Federal science agency policies
    related to public access to the results of federally funded
    research; and
    (5) how any policies developed or being developed by Federal
    science agencies, as described in subsection (a), incorporate
    input from the non-Federal stakeholders described in subsection
    (b)(6).

    (f) Federal Science Agency Defined.--For the purposes of this
    section, the term ``Federal science agency'' means any Federal agency
    with an annual extramural research expenditure of over $100,000,000.

    SEC. 104. <>  FEDERAL SCIENTIFIC COLLECTIONS.

    (a) Management of Scientific Collections.--The Office of Science and
    Technology Policy shall develop policies for the management and use of
    Federal scientific collections to improve the quality, organization,
    access, including online access, and long-term preservation of such
    collections for the benefit of the scientific enterprise.
    In <>  developing those policies the Office of
    Science and Technology Policy shall consult, as appropriate, with--
    (1) Federal agencies with such collections; and
    (2) representatives of other organizations, institutions,
    and other entities not a part of the Federal Government that
    have a stake in the preservation, maintenance, and accessibility
    of such collections, including State and local government
    agencies, institutions of higher education, museums, and other
    entities engaged in the acquisition, holding, management, or use
    of scientific collections.

    (b) Clearinghouse.--The Office <>  of Science and
    Technology Policy, in consultation with relevant Federal agencies, shall
    ensure the development of an online clearinghouse for information on the
    contents of and access to Federal scientific collections.

    (c) Disposal of Collections.--The policies developed under
    subsection (a) shall--
    (1) require that, before disposing of a scientific
    collection, a Federal agency shall--
    (A) conduct a review of the research value of the
    collection; and
    (B) <>  consult with
    researchers who have used the collection, and other
    potentially interested parties, concerning--
    (i) the collection's value for research
    purposes; and
    (ii) possible additional educational uses for
    the collection; and
    (2) include procedures for Federal agencies to transfer
    scientific collections they no longer need to researchers at
    institutions or other entities qualified to manage the
    collections.

    (d) Cost Projections.--The Office of Science and Technology Policy,
    in consultation with relevant Federal agencies, shall develop a common
    set of methodologies to be used by Federal agencies for the assessment
    and projection of costs associated with the management and preservation
    of their scientific collections.

    [[Page 3989]]

    (e) Scientific Collection Defined.--In this section, the term
    ``scientific collection'' means a set of physical specimens, living or
    inanimate, created for the purpose of supporting science and serving as
    a long-term research asset, rather than for their market value as
    collectibles or their historical, artistic, or cultural significance,
    and, as appropriate and feasible, the associated specimen data and
    materials.

    SEC. 105. PRIZE COMPETITIONS.

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

    ``SEC. 24. <>  PRIZE COMPETITIONS.

    ``(a) Definitions.--In this section:
    ``(1) Agency.--The term `agency' means a Federal agency.
    ``(2) Director.--The term `Director' means the Director of
    the Office of Science and Technology Policy.
    ``(3) Federal agency.--The term `Federal agency' has the
    meaning given under section 4, except that term shall not
    include any agency of the legislative branch of the Federal
    Government.
    ``(4) Head of an agency.--The term `head of an agency' means
    the head of a Federal agency.

    ``(b) In General.--Each head of an agency, or the heads of multiple
    agencies in cooperation, may carry out a program to award prizes
    competitively to stimulate innovation that has the potential to advance
    the mission of the respective agency.
    ``(c) Prizes.--For purposes of this section, a prize may be one or
    more of the following:
    ``(1) A point solution prize that rewards and spurs the
    development of solutions for a particular, well-defined problem.
    ``(2) An exposition prize that helps identify and promote a
    broad range of ideas and practices that may not otherwise
    attract attention, facilitating further development of the idea
    or practice by third parties.
    ``(3) Participation prizes that create value during and
    after the competition by encouraging contestants to change their
    behavior or develop new skills that may have beneficial effects
    during and after the competition.
    ``(4) Such other types of prizes as each head of an agency
    considers appropriate to stimulate innovation that has the
    potential to advance the mission of the respective agency.

    ``(d) <>  Topics.--In selecting topics for
    prize competitions, the head of an agency shall consult widely both
    within and outside the Federal Government, and may empanel advisory
    committees.

    ``(e) Advertising.--The head of an agency shall widely advertise
    each prize competition to encourage broad participation.
    ``(f) <>  Requirements
    and Registration.--For each prize competition, the head of an agency
    shall publish a notice in the Federal Register announcing--
    ``(1) the subject of the competition;
    ``(2) the rules for being eligible to participate in the
    competition;
    ``(3) the process for participants to register for the
    competition;
    ``(4) the amount of the prize; and
    ``(5) the basis on which a winner will be selected.

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    ``(g) Eligibility.--To be eligible to win a prize under this
    section, an individual or entity--
    ``(1) shall have registered to participate in the
    competition under any rules promulgated by the head of an agency
    under subsection (f);
    ``(2) shall have complied with all the requirements under
    this section;
    ``(3) in the case of a private entity, shall be incorporated
    in and maintain a primary place of business in the United
    States, and in the case of an individual, whether participating
    singly or in a group, shall be a citizen or permanent resident
    of the United States; and
    ``(4) may not be a Federal entity or Federal employee acting
    within the scope of their employment.

    ``(h) Consultation With Federal Employees.--An individual or entity
    shall not be deemed ineligible under subsection (g) because the
    individual or entity used Federal facilities or consulted with Federal
    employees during a competition if the facilities and employees are made
    available to all individuals and entities participating in the
    competition on an equitable basis.
    ``(i) Liability.--
    ``(1) In general.--
    ``(A) Definition.--In this paragraph, the term
    `related entity' means a contractor or subcontractor at
    any tier, and a supplier, user, customer, cooperating
    party, grantee, investigator, or detailee.
    ``(B) Liability.--Registered participants shall be
    required to agree to assume any and all risks and waive
    claims against the Federal Government and its related
    entities, except in the case of willful misconduct, for
    any injury, death, damage, or loss of property, revenue,
    or profits, whether direct, indirect, or consequential,
    arising from their participation in a competition,
    whether the injury, death, damage, or loss arises
    through negligence or otherwise.
    ``(2) Insurance.--Participants shall be required to obtain
    liability insurance or demonstrate financial responsibility, in
    amounts determined by the head of an agency, for claims by--
    ``(A) a third party for death, bodily injury, or
    property damage, or loss resulting from an activity
    carried out in connection with participation in a
    competition, with the Federal Government named as an
    additional insured under the registered participant's
    insurance policy and registered participants agreeing to
    indemnify the Federal Government against third party
    claims for damages arising from or related to
    competition activities; and
    ``(B) the Federal Government for damage or loss to
    Government property resulting from such an activity.
    ``(3) Exception.--The head of an agency may not require a
    participant to waive claims against the administering entity
    arising out of the unauthorized use or disclosure by the agency
    of the intellectual property, trade secrets, or confidential
    business information of the participant.

    ``(j) Intellectual Property.--
    ``(1) Prohibition on the government acquiring intellectual
    property rights.--The Federal Government

    [[Page 3991]]

    may not gain an interest in intellectual property developed by a
    participant in a competition without the written consent of the
    participant.
    ``(2) Licenses.--The Federal Government may negotiate a
    license for the use of intellectual property developed by a
    participant for a competition.

    ``(k) Judges.--
    ``(1) <>  In general.--For each
    competition, the head of an agency, either directly or through
    an agreement under subsection (l), shall appoint one or more
    qualified judges to select the winner or winners of the prize
    competition on the basis described under subsection (f). Judges
    for each competition may include individuals from outside the
    agency, including from the private sector.
    ``(2) Restrictions.--A judge may not--
    ``(A) have personal or financial interests in, or be
    an employee, officer, director, or agent of any entity
    that is a registered participant in a competition; or
    ``(B) have a familial or financial relationship with
    an individual who is a registered participant.
    ``(3) Guidelines.--The heads of agencies who carry out
    competitions under this section shall develop guidelines to
    ensure that the judges appointed for such competitions are
    fairly balanced and operate in a transparent manner.
    ``(4) Exemption from faca.--The Federal Advisory Committee
    Act (5 U.S.C. App.) shall not apply to any committee, board,
    commission, panel, task force, or similar entity, created solely
    for the purpose of judging prize competitions under this
    section.

    ``(l) Administering the Competition.--The head of an agency may
    enter into an agreement with a private, nonprofit entity to administer a
    prize competition, subject to the provisions of this section.
    ``(m) Funding.--
    ``(1) In general.--Support for a prize competition under
    this section, including financial support for the design and
    administration of a prize or funds for a monetary prize purse,
    may consist of Federal appropriated funds and funds provided by
    the private sector for such cash prizes. The head of an agency
    may accept funds from other Federal agencies to support such
    competitions. The head of an agency may not give any special
    consideration to any private sector entity in return for a
    donation.
    ``(2) Availability of funds.--Notwithstanding any other
    provision of law, funds appropriated for prize awards under this
    section shall remain available until expended. No provision in
    this section permits obligation or payment of funds in violation
    of section 1341 of title 31, United States Code.
    ``(3) Amount of prize.--
    ``(A) Announcement.--No prize may be announced under
    subsection (f) until all the funds needed to pay out the
    announced amount of the prize have been appropriated or
    committed in writing by a private source.
    ``(B) Increase in amount.--The head of an agency may
    increase the amount of a prize after an initial
    announcement is made under subsection (f) only if--

    [[Page 3992]]

    ``(i) <>  notice of the
    increase is provided in the same manner as the
    initial notice of the prize; and
    ``(ii) the funds needed to pay out the
    announced amount of the increase have been
    appropriated or committed in writing by a private
    source.
    ``(4) Limitation on amount.--
    ``(A) <>  Notice to congress.--
    No prize competition under this section may offer a
    prize in an amount greater than $50,000,000 unless 30
    days have elapsed after written notice has been
    transmitted to the Committee on Commerce, Science, and
    Transportation of the Senate and the Committee on
    Science and Technology of the House of Representatives.
    ``(B) Approval of head of agency.--No prize
    competition under this section may result in the award
    of more than $1,000,000 in cash prizes without the
    approval of the head of an agency.

    ``(n) <>  General Service
    Administration Assistance.--Not later than 180 days after the date of
    the enactment of the America COMPETES Reauthorization Act of 2010, the
    General Services Administration shall provide government wide services
    to share best practices and assist agencies in developing guidelines for
    issuing prize competitions. <>  The General Services
    Administration shall develop a contract vehicle to provide agencies
    access to relevant products and services, including technical assistance
    in structuring and conducting prize competitions to take maximum benefit
    of the marketplace as they identify and pursue prize competitions to
    further the policy objectives of the Federal Government.

    ``(o) Compliance With Existing Law.--
    ``(1) In General.--The Federal Government shall not, by
    virtue of offering or providing a prize under this section, be
    responsible for compliance by registered participants in a prize
    competition with Federal law, including licensing, export
    control, and nonproliferation laws, and related regulations.
    ``(2) Other prize authority.--Nothing in this section
    affects the prize authority authorized by any other provision of
    law.

    ``(p) Annual Report.--
    ``(1) In general.--Not later than March 1 of each year, the
    Director shall submit to the Committee on Commerce, Science, and
    Transportation of the Senate and the Committee on Science and
    Technology of the House of Representatives a report on the
    activities carried out during the preceding fiscal year under
    the authority in subsection (b).
    ``(2) Information included.--The report for a fiscal year
    under this subsection shall include, for each prize competition
    under subsection (b), the following:
    ``(A) Proposed goals.--A description of the proposed
    goals of each prize competition.
    ``(B) Preferable method.--An analysis of why the
    utilization of the authority in subsection (b) was the
    preferable method of achieving the goals described in
    subparagraph (A) as opposed to other authorities
    available to the agency, such as contracts, grants, and
    cooperative agreements.
    ``(C) Amount of cash prizes.--The total amount of
    cash prizes awarded for each prize competition,
    including

    [[Page 3993]]

    a description of amount of private funds contributed to
    the program, the sources of such funds, and the manner
    in which the amounts of cash prizes awarded and claimed
    were allocated among the accounts of the agency for
    recording as obligations and expenditures.
    ``(D) Solicitations and evaluation of submissions.--
    The methods used for the solicitation and evaluation of
    submissions under each prize competition, together with
    an assessment of the effectiveness of such methods and
    lessons learned for future prize competitions.
    ``(E) Resources.--A description of the resources,
    including personnel and funding, used in the execution
    of each prize competition together with a detailed
    description of the activities for which such resources
    were used and an accounting of how funding for execution
    was allocated among the accounts of the agency for
    recording as obligations and expenditures.
    ``(F) Results.--A description of how each prize
    competition advanced the mission of the agency
    concerned.''.

    (b) Repeal of Space Act Limitation.--Section 314(a) of the National
    Aeronautics and Space Act of 1958 <>  (42 U.S.C.
    2459f-1 is amended by striking ``The Administration may carry out a
    program to award prizes only in conformity with this section.''.

    TITLE II--NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

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

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

    SEC. 202. <>  NASA'S CONTRIBUTION TO
    EDUCATION.

    (a) Sense of Congress.--It is the sense of Congress that NASA is
    uniquely positioned to interest students in science, technology,
    engineering, and mathematics, not only by the example it sets, but
    through its education programs.
    (b) Educational Program Goals.--NASA shall develop and maintain
    educational programs--
    (1) to carry out and support research based programs and
    activities designed to increase student interest and
    participation in STEM, including students from minority and
    underrepresented groups;
    (2) to improve public literacy in STEM;
    (3) that employ proven strategies and methods for improving
    student learning and teaching in STEM;
    (4) to provide curriculum support materials and other
    resources that--
    (A) are designed to be integrated with comprehensive
    STEM education;

    [[Page 3994]]

    (B) are aligned with national science education
    standards;
    (C) promote the adoption and implementation of high-
    quality education practices that build toward college
    and career-readiness; and
    (5) to create and support opportunities for enhanced and
    ongoing professional development for teachers using best
    practices that improve the STEM content and knowledge of the
    teachers, including through programs linking STEM teachers with
    STEM educators at the higher education level.

    SEC. 203. <>  ASSESSMENT OF IMPEDIMENTS
    TO SPACE SCIENCE AND ENGINEERING WORKFORCE DEVELOPMENT FOR
    MINORITY AND UNDERREPRESENTED GROUPS AT NASA.

    (a) <>  Assessment.--The Administrator shall enter
    into an arrangement for an independent assessment of any impediments to
    space science and engineering workforce development for minority and
    underrepresented groups at NASA, including recommendations on--
    (1) measures to address such impediments;
    (2) opportunities for augmenting the impact of space science
    and engineering workforce development activities and for
    expanding proven, effective programs; and
    (3) best practices and lessons learned, as identified
    through the assessment, to help maximize the effectiveness of
    existing and future programs to increase the participation of
    minority and underrepresented groups in the space science and
    engineering workforce at NASA.

    (b) Report.--A report on the assessment carried out under subsection
    (a) shall be transmitted to the House of Representatives Committee on
    Science and Technology and the Senate Committee on Commerce, Science,
    and Transportation not later than 15 months after the date of enactment
    of this Act.
    (c) Implementation.--To the extent practicable, the Administrator
    shall take all necessary steps to address any impediments identified in
    the assessment.

    SEC. 204. <>  INTERNATIONAL SPACE STATION'S
    CONTRIBUTION TO NATIONAL COMPETITIVENESS ENHANCEMENT.

    (a) Sense of Congress.--It is the sense of the Congress that the
    International Space Station represents a valuable and unique national
    asset which can be utilized to increase educational opportunities and
    scientific and technological innovation which will enhance the Nation's
    economic security and competitiveness in the global technology fields of
    endeavor. If the period for active utilization of the International
    Space Station is extended to at least the year 2020, the potential for
    such opportunities and innovation would be increased. Efforts should be
    made to fully realize that potential.
    (b) Evaluation and Assessment of NASA's Interagency Contribution.--
    Pursuant to the authority provided in title II of the America COMPETES
    Act (Public Law 110-69), the Administrator shall evaluate and, where
    possible, expand efforts to maximize NASA's contribution to interagency
    efforts to enhance science, technology, engineering, and mathematics
    education capabilities, and to enhance the Nation's technological
    excellence and global

    [[Page 3995]]

    competitiveness. The Administrator shall identify these enhancements in
    the annual reports required by section 2001(e) of that Act (42 U.S.C.
    16611a(e)).
    (c) Report to the Congress.--Within 120 days after the date of
    enactment of this Act, the Administrator shall provide to the House of
    Representatives Committee on Science and Technology and the Senate
    Committee on Commerce, Science, and Transportation a report on the
    assessment made pursuant to subsection (a). The report shall include--
    (1) a description of current and potential activities
    associated with utilization of the International Space Station
    which are supportive of the goals of educational excellence and
    innovation and competitive enhancement established or reaffirmed
    by this Act, including a summary of the goals supported, the
    number of individuals or organizations participating in or
    benefiting from such activities, and a summary of how such
    activities might be expanded or improved upon;
    (2) a description of government and private partnerships
    which are, or may be, established to effectively utilize the
    capabilities represented by the International Space Station to
    enhance United States competitiveness, innovation and science,
    technology, engineering, and mathematics education; and
    (3) a summary of proposed actions or activities to be
    undertaken to ensure the maximum utilization of the
    International Space Station to contribute to fulfillment of the
    goals and objectives of this Act, and the identification of any
    additional authority, assets, or funding that would be required
    to support such activities.

    SEC. 205. STUDY OF POTENTIAL COMMERCIAL ORBITAL PLATFORM PROGRAM IMPACT
    ON SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS.

    (a) In General.--Section 1003 of the National Aeronautics and Space
    Administration Authorization Act of 2010 (42 U.S.C. 18421) is amended to
    read as follows:

    ``SEC. 1003. <>  STUDY OF POTENTIAL COMMERCIAL
    ORBITAL PLATFORM PROGRAM IMPACT ON SCIENCE, TECHNOLOGY,
    ENGINEERING, AND MATHEMATICS.

    ``A fundamental and unique capability of NASA is in stimulating
    science, technology, engineering, and mathematics education in the
    United States. In ensuring maximum use of that capability, the
    Administrator shall carry out a study to--
    ``(1) identify the benefits of and lessons learned from
    ongoing and previous NASA orbital student programs including, at
    a minimum, the Get Away Special (GAS) and Earth Knowledge
    Acquired by Middle School Students (EarthKAM) programs, on
    science, technology, engineering, and mathematics education;
    ``(2) assess the potential impacts on science, technology,
    engineering, and mathematics education of a program that would
    facilitate the development of scientific and educational
    payloads involving United States students and educators and the
    flights of those payloads on commercially available orbital
    platforms, when available and operational, with the goal of
    providing frequent and regular payload launches;
    ``(3) identify NASA expertise, such as NASA science,
    engineering, payload development, and payload operations, that

    [[Page 3996]]

    could be made available to facilitate a science, technology,
    engineering, and mathematics program using commercial orbital
    platforms; and
    ``(4) identify the issues that would need to be addressed
    before NASA could properly assess the merits and feasibility of
    the program described in paragraph (2).''.

    (c) <>  Effective Date.--The amendment
    made by subsection (a) shall take effect on October 12, 2010.

    SEC. 206. <>  DEFINITIONS.

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

    TITLE III--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

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

    Section 4001 of the America COMPETES Act (33 U.S.C. 893) is
    amended--
    (1) by inserting ``(a) In General.--'' before ``The
    Administrator''; and
    (2) by adding at the end the following:

    ``(b) Oceanic and Atmospheric Research and Development Program.--The
    Administrator shall implement programs and activities--
    ``(1) to identify emerging and innovative research and
    development priorities to enhance United States competitiveness,
    support development of new economic opportunities based on NOAA
    research, observations, monitoring modeling, and predictions
    that sustain ecosystem services;
    ``(2) to promote United States leadership in oceanic and
    atmospheric science and competitiveness in the applied uses of
    such knowledge, including for the development and expansion of
    economic opportunities; and
    ``(3) to advance ocean, coastal, Great Lakes, and
    atmospheric research and development, including potentially
    transformational research, in collaboration with other relevant
    Federal agencies, academic institutions, the private sector, and
    nongovernmental programs, consistent with NOAA's mission to
    understand, observe, and model the Earth's atmosphere and
    biosphere, including the oceans, in an integrated manner.

    ``(c) Report.--No later than 12 months after the date of enactment
    of the America COMPETES Reauthorization Act of 2010, the Administrator,
    in consultation with the National Science Foundation or other such
    agencies with mature transformational research portfolios, shall develop
    and submit a report to the Senate Committee on Commerce, Science, and
    Transportation and the House of Representatives Committee on Science and
    Technology that describes NOAA's strategy for enhancing transformational
    research in its research and development portfolio to increase United
    States competitiveness in oceanic and atmospheric science and
    technology. The report shall--

    [[Page 3997]]

    ``(1) define `transformational research';
    ``(2) identify emerging and innovative areas of research and
    development where transformational research has the potential to
    make significant and revolutionary -advancements in both
    understanding and U.S. science leadership;
    ``(3) describe how transformational research priorities are
    identified and appropriately -balanced in the context of NOAA's
    broader research portfolio;
    ``(4) describe NOAA's plan for developing a competitive peer
    review and priority-setting -process, funding mechanisms,
    performance and evaluation measures, and transition-to-operation
    guidelines for transformational research; and
    ``(5) describe partnerships with other agencies involved in
    transformational research.''.

    SEC. 302. OCEANIC AND ATMOSPHERIC SCIENCE EDUCATION PROGRAMS.

    Section 4002 of the America COMPETES Act (33 U.S.C. 893a) is
    amended--
    (1) by striking ``the agency.'' in subsection (a) and
    inserting ``agency, with consideration given to the goal of
    promoting the participation of individuals from underrepresented
    groups in STEM fields and in promoting the acquisition and
    retention of highly qualified and motivated young scientists to
    complement and supplement workforce needs.'';
    (2) by redesignating subsections (b) and (c) as subsections
    (c) and (d), respectively;
    (3) by inserting after subsection (a) the following:

    ``(b) Educational Program Goals.--The education programs developed
    by NOAA shall, to the extent applicable--
    ``(1) carry out and support research based programs and
    activities designed to increase student interest and
    participation in STEM;
    ``(2) improve public literacy in STEM;
    ``(3) employ proven strategies and methods for improving
    student learning and teaching in STEM;
    ``(4) provide curriculum support materials and other
    resources that--
    ``(A) are designed to be integrated with
    comprehensive STEM education;
    ``(B) are aligned with national science education
    standards; and
    ``(C) promote the adoption and implementation of
    high-quality education practices that build toward
    college and career-readiness; and
    ``(5) create and support opportunities for enhanced and
    ongoing professional development for teachers using best
    practices that improves the STEM content and knowledge of the
    teachers, including through programs linking STEM teachers with
    STEM educators at the higher education level.'';
    (4) by striking ``develop'' in subsection (c), as
    redesignated, and inserting ``maintain''; and
    (5) by adding at the end thereof the following:

    ``(e) STEM Defined.--In this section, the term `STEM' means the
    academic and professional disciplines of science, technology,
    engineering, and mathematics.''.

    [[Page 3998]]

    SEC. 303. <>  WORKFORCE STUDY.

    (a) In General.--The Secretary of Commerce, in cooperation with the
    Secretary of Education, shall request the National Academy of Sciences
    to conduct a study on the scientific workforce in the areas of oceanic
    and atmospheric research and development. The study shall investigate--
    (1) whether there is a shortage in the number of individuals
    with advanced degrees in oceanic and atmospheric sciences who
    have the ability to conduct high quality scientific research in
    physical and chemical oceanography, meteorology, and atmospheric
    modeling, and related fields, for government, nonprofit, and
    private sector entities;
    (2) what Federal programs are available to help facilitate
    the education of students hoping to pursue these degrees;
    (3) barriers to transitioning highly qualified oceanic and
    atmospheric scientists into Federal civil service scientist
    career tracks;
    (4) what institutions of higher education, the private
    sector, and the Congress could do to increase the number of
    individuals with such post baccalaureate degrees;
    (5) the impact of an aging Federal scientist workforce on
    the ability of Federal agencies to conduct high quality
    scientific research; and
    (6) what actions the Federal government can take to assist
    the transition of highly qualified scientists into Federal
    career scientist positions and ensure that the experiences of
    retiring Federal scientists are adequately documented and
    transferred prior to retirement from Federal service.

    (b) <>  Coordination.--The Secretary of
    Commerce and the Secretary of Education shall consult with the heads of
    other Federal agencies and departments with oceanic and atmospheric
    expertise or authority in preparing the specifications for the study.

    (c) Report.--No later than 18 months after the date of enactment of
    this Act, the Secretary of Commerce and the Secretary of Education shall
    transmit a joint report to each committee of Congress with jurisdiction
    over the programs described in 4002(b) of the America COMPETES Act (33
    U.S.C. 893a(b)), as amended by section 302 of this Act, detailing the
    findings and recommendations of the study and setting forth a
    prioritized plan to implement the recommendations.
    (d) <>  Program and Plan.--The Administrator of
    the National Oceanic and Atmospheric Administration shall evaluate the
    National Academy of Sciences study and develop a workforce program and
    plan to institutionalize the Administration's Federal science career
    pathways and address aging workforce issues. The program and plan shall
    be developed in consultation with the Administration's cooperative
    institutes and other academic partners to identify and implement
    programs and mechanisms to ensure that--
    (1) sufficient highly qualified scientists are able to
    transition into Federal career scientist positions in the
    Administration's laboratories and programs; and
    (2) the technical and management experiences of senior
    employees are documented and transferred before leaving Federal
    service.

    [[Page 3999]]

    TITLE IV--NATIONAL INSTITUTE <>  OF STANDARDS AND TECHNOLOGY

    SEC. 401. SHORT TITLE.

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

    SEC. 402. AUTHORIZATION OF APPROPRIATIONS.

    (a) Fiscal Year 2011.--
    (1) In general.--There are authorized to be appropriated to
    the Secretary of Commerce $918,900,000 for the National
    Institute of Standards and Technology for fiscal year 2011.
    (2) Specific allocations.--Of the amount authorized by
    paragraph (1)--
    (A) $584,500,000 shall be authorized for scientific
    and technical research and services laboratory
    activities;
    (B) $124,800,000 shall be authorized for the
    construction and maintenance of facilities; and
    (C) $209,600,000 shall be authorized for industrial
    technology services activities, of which--
    (i) $141,100,000 shall be authorized for the
    Manufacturing Extension Partnership program under
    sections 25 and 26 of such Act (15 U.S.C. 278k and
    278l), of which not more than $5,000,000 shall be
    for the competitive grant program under section
    25(f) of such Act; and
    (ii) $10,000,000 shall be authorized for the
    Malcolm Baldrige National Quality Award program
    under section 17 of the Stevenson-Wydler
    Technology Innovation Act of 1980 (15 U.S.C.
    3711a).

    (b) Fiscal Year 2012.--
    (1) In general.--There are authorized to be appropriated to
    the Secretary of Commerce $970,800,000 for the National
    Institute of Standards and Technology for fiscal year 2012.
    (2) Specific allocations.--Of the amount authorized by
    paragraph (1)--
    (A) $661,100,000 shall be authorized for scientific
    and technical research and services laboratory
    activities;
    (B) $84,900,000 shall be authorized for the
    construction and maintenance of facilities; and
    (C) $224,800,000 shall be authorized for industrial
    technology services activities, of which--
    (i) $155,100,000 shall be authorized for the
    Manufacturing Extension Partnership program under
    sections 25 and 26 of such Act (15 U.S.C. 278k and
    278l), of which not more than $5,000,000 shall be
    for the competitive grant program under section
    25(f) of such Act; and
    (ii) $10,300,000 shall be authorized for the
    Malcolm Baldrige National Quality Award program
    under section 17 of the Stevenson-Wydler
    Technology Innovation Act of 1980 (15 U.S.C.
    3711a).

    (c) Fiscal Year 2013.--
    (1) In general.--There are authorized to be appropriated to
    the Secretary of Commerce $1,039,709,000 for the National
    Institute of Standards and Technology for fiscal year 2013.

    [[Page 4000]]

    (2) Specific allocations.--Of the amount authorized by
    paragraph (1)--
    (A) $676,700,000 shall be authorized for scientific
    and technical research and services laboratory
    activities;
    (B) $121,300,000 shall be authorized for the
    construction and maintenance of facilities; and
    (C) $241,709,000 shall be authorized for industrial
    technology services activities, of which--
    (i) $165,100,000 shall be authorized for the
    Manufacturing Extension Partnership program under
    sections 25 and 26 of such Act (15 U.S.C. 278k and
    278l), of which not more than $5,000,000 shall be
    for the competitive grant program under section
    25(f) of such Act; and
    (ii) $10,609,000 shall be authorized for the
    Malcolm Baldrige National Quality Award program
    under section 17 of the Stevenson-Wydler
    Technology Innovation Act of 1980 (15 U.S.C.
    3711a).

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

    (a) Establishment.--The National Institute of Standards and
    Technology Act is amended by inserting after section 3 the following:

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

    ``(a) Establishment.--There shall be in the Department of Commerce
    an Under Secretary of Commerce for Standards and Technology (in this
    section referred to as the `Under Secretary').
    ``(b) <>  Appointment.--The Under Secretary shall
    be appointed by the President by and with the advice and consent of the
    Senate.

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

    [[Page 4001]]

    SEC. 404. MANUFACTURING EXTENSION PARTNERSHIP.

    (a) Community College Support.--Section 25(a) of the National
    Institute of Standards and Technology Act (15 U.S.C. 278k(a)) is
    amended--
    (1) by striking ``and'' after the semicolon in paragraph
    (4);
    (2) by striking ``Institute.'' in paragraph (5) and
    inserting ``Institute; and''; and
    (3) by adding at the end the following:
    ``(6) providing to community colleges information about the
    job skills needed in small- and medium-sized manufacturing
    businesses in the regions they serve.''.

    (b) Innovative Services Initiative.--Section 25 of such Act (15
    U.S.C. 278k) is amended by adding at the end the following:
    ``(g) Innovative Services Initiative.--
    ``(1) Establishment.--The Director shall establish, within
    the Centers program under this section, an innovative services
    initiative to assist small- and medium-sized manufacturers in--
    ``(A) reducing their energy usage, greenhouse gas
    emissions, and environmental waste to improve
    profitability;
    ``(B) accelerating the domestic commercialization of
    new product technologies, including components for
    renewable energy and energy efficiency systems; and
    ``(C) identification of and diversification to new
    markets, including support for transitioning to the
    production of components for renewable energy and energy
    efficiency systems.
    ``(2) Market demand.--The Director may not undertake any
    activity to accelerate the domestic commercialization of a new
    product technology under this subsection unless an analysis of
    market demand for the new product technology has been
    conducted.''.

    (c) Reports.--Section 25 of such Act (15 U.S.C. 278k), as amended by
    subsection (b), is further amended by adding at the end the following:
    ``(h) Reports.--
    ``(1) In general.--In submitting the 3-year programmatic
    planning document and annual updates under section 23, the
    Director shall include an assessment of the Director's
    governance of the program established under this section.
    ``(2) Criteria.--In conducting the assessment, the Director
    shall use the criteria established pursuant to the Malcolm
    Baldrige National Quality Award under section 17(d)(1)(C) of the
    Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C.
    3711a(d)(1)(C)).''.

    (d) Hollings Manufacturing Extension Partnership Program Cost-
    Sharing.--Section 25(c) of such Act (15 U.S.C. 278k(c)) is amended by
    adding at the end the following:
    ``(7) <>  Not later than 90 days
    after the date of enactment of the National Institute of
    Standards and Technology Authorization Act of 2010, the
    Comptroller General shall submit to Congress a report on the
    cost share requirements under the program. The report shall--
    ``(A) discuss various cost share structures,
    including the cost share structure in place prior to
    such date of enactment, and the effect of such cost
    share structures on individual Centers and the overall
    program; and

    [[Page 4002]]

    ``(B) include recommendations for how best to
    structure the cost share requirement to provide for the
    long-term sustainability of the program.''.
    ``(8) If consistent with the recommendations in the report
    transmitted to Congress under paragraph (7), the Secretary shall
    alter the cost structure requirements specified under paragraph
    (3)(B) and (5) provided that the modification does not increase
    the cost share structure in place before the date of enactment
    of the America COMPETES Reauthorization Act of 2010, or allow
    the Secretary to provide a Center more than 50 percent of the
    costs incurred by that Center.''.

    (e) Advisory Board.--Section 25(e)(4) of such Act (15 U.S.C.
    278k(e)(4)) is amended to read as follows:
    ``(4) Federal advisory committee act applicability.--
    ``(A) In general.--In discharging its duties under
    this subsection, the MEP Advisory Board shall function
    solely in an advisory capacity, in accordance with the
    Federal Advisory Committee Act.
    ``(B) Exception.--Section 14 of the Federal Advisory
    Committee Act shall not apply to the MEP Advisory
    Board.'.

    (f) Designation of Program.--
    (1) In general.--Section 25 of the National Institute of
    Standards and Technology Act (15 U.S.C. 278k), as amended by
    subsection (c), is further amended by adding at the end the
    following:

    ``(i) Designation.--
    ``(1) Hollings manufacturing extension partnership.--The
    program under this section shall be known as the `Hollings
    Manufacturing Extension Partnership'.
    ``(2) Hollings manufacturing extension centers.--The
    Regional Centers for the Transfer of Manufacturing Technology
    created and supported under subsection (a) shall be known as the
    `Hollings Manufacturing Extension Centers' (in this Act referred
    to as the `Centers').''.
    (2) Conforming amendment to consolidated appropriations act,
    2005.--Division B of title II of the Consolidated Appropriations
    Act, 2005 (Public Law 108-447; 118 Stat. 2879; 15 U.S.C. 278k
    note) is amended under the heading ``industrial technology
    services'' by striking ``2007: Provided further, That'' and all
    that follows through ``Extension Centers.'' and inserting
    ``2007.''.
    (3) Technical amendments.--
    (A) Section 25(a) of the National Institute of
    Standards and Technology Act (15 U.S.C. 278k(a)) is
    amended in the matter preceding paragraph (1) by
    striking ``Regional Centers for the Transfer of
    Manufacturing Technology'' and inserting ``regional
    centers for the transfer of manufacturing technology''.
    (B) Section 25 of such Act (15 U.S.C. 278k), as
    amended by subsection (f), is further amended by adding
    at the end the following:

    ``(j) Community College Defined.--In this section, the term
    `community college' means an institution of higher education (as defined
    under section 101(a) of the Higher Education Act of 1965 (20 U.S.C.
    1001(a))) at which the highest degree that is predominately awarded to
    students is an associate's degree.''.

    [[Page 4003]]

    (h) Evaluation of Obstacles Unique to Small Manufacturers.--Section
    25 of such Act (15 U.S.C. 278k), as amended by subsection (g), is
    further amended by adding at the end the following:
    ``(k) Evaluation of Obstacles Unique to Small Manufacturers.--The
    Director shall--
    ``(1) evaluate obstacles that are unique to small
    manufacturers that prevent such manufacturers from effectively
    competing in the global market;
    ``(2) <>  implement a comprehensive plan to
    train the Centers to address such obstacles; and
    ``(3) facilitate improved communication between the Centers
    to assist such manufacturers in implementing appropriate,
    targeted solutions to such obstacles.''.

    (i) NIST Act Amendment.--Section 25(f)(3) of the National Institute
    of Standards and Technology Act (15 U.S.C. 278k(f)(3)) is amended by
    striking ``Director of the Centers program,'' and inserting ``Director
    of the Hollings MEP program,''.

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

    (a) Establishment.--The Director shall establish a research
    initiative to support the development of emergency communication and
    tracking technologies for use in locating trapped individuals in
    confined spaces, such as underground mines, and other shielded
    environments, such as high-rise buildings or collapsed structures, where
    conventional radio communication is limited.
    (b) Activities.--In order to carry out this section, the Director
    shall work with the private sector and appropriate Federal agencies to--
    (1) perform a needs assessment to identify and evaluate the
    measurement, technical standards, and conformity assessment
    needs required to improve the operation and reliability of such
    emergency communication and tracking technologies;
    (2) support the development of technical standards and
    conformance architecture to improve the operation and
    reliability of such emergency communication and tracking
    technologies; and
    (3) incorporate and build upon existing reports and studies
    on improving emergency communications.

    (c) Report.--Not later than 18 months after the date of enactment of
    this Act, the Director shall submit to Congress and make publicly
    available a report describing the assessment performed under subsection
    (b)(1) and making recommendations about research priorities to address
    gaps in the measurement, technical standards, and conformity assessment
    needs identified by the assessment.

    SEC. 406. BROADENING PARTICIPATION.

    (a) Research Fellowships.--Section 18 of the National Institute of
    Standards and Technology Act (15 U.S.C. 278g-1) is amended by adding at
    the end the following:
    ``(c) Underrepresented Minorities.--In evaluating applications for
    fellowships under this section, the Director shall give consideration to
    the goal of promoting the participation of underrepresented minorities
    in research areas supported by the Institute.''.

    [[Page 4004]]

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

    SEC. 407. NIST FELLOWSHIPS.

    (a) Post-Doctoral Fellowship Program.--Section 19 of the National
    Institute of Standards and Technology Act (15 U.S.C. 278g-2) is amended
    by striking ``, in conjunction with the National Academy of Sciences,''.
    (b) Research Fellowships.--Section 18(a) of that Act (15 USC 278g-
    1(a)) is amended by striking ``up to 1.5 percent of the''.
    (c) Commerce, Science, and Technology Fellowship Program.--Section
    5163(d) of the Omnibus Trade and Competition Act of 1988 (15 U.S.C.
    1533) is repealed.

    SEC. 408. <>  GREEN MANUFACTURING AND
    CONSTRUCTION.

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

    SEC. 409. <>  DEFINITIONS.

    In this title:
    (1) Director.--The term ``Director'' means the Director of
    the National Institute of Standards and Technology.
    (2) Federal agency.--The term ``Federal agency'' has the
    meaning given such term in section 4 of the Stevenson-Wydler
    Technology Innovation Act of 1980 (15 U.S.C. 3703).
    (3) High performance green building.--The term ``high
    performance green building'' has the meaning given that term by
    section 401(13) of the Energy Independence and Security Act of
    2009 (42 U.S.C. 17061(13)).

    [[Page 4005]]

    TITLE V--SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS SUPPORT
    PROGRAMS

    SUBTITLE <>  A--NATIONAL SCIENCE FOUNDATION

    SEC. 501. <>  SHORT TITLE.

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

    SEC. 502. <>  DEFINITIONS.

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

    SEC. 503. AUTHORIZATION OF APPROPRIATIONS.

    (a) Fiscal Year 2011.--
    (1) In general.--There are authorized to be appropriated to
    the Foundation $7,424,400,000 for fiscal year 2011.
    (2) Specific allocations.--Of the amount authorized by
    paragraph (1)--
    (A) $5,974,782,000 shall be made available to carry
    research and related activities;
    (B) $937,850,000 shall be made available for
    education and human resources;
    (C) $164,744,000 shall be made available for major
    research equipment and facilities construction;
    (D) $327,503,000 shall be made available for agency
    operations and award management;
    (E) $4,803,000 shall be made available for the
    Office of the National Science Board; and
    (F) $14,718,000 shall be made available for the
    Office of Inspector General.

    (b) Fiscal Year 2012.--

    [[Page 4006]]

    (1) In general.--There are authorized to be appropriated to
    the Foundation $7,800,000,000 for fiscal year 2012.
    (2) Specific allocations.--Of the amount authorized by
    paragraph (1)--
    (A) $6,234,281,000 shall be made available to carry
    research and related activities;
    (B) $978,959,000 shall be made available for
    education and human resources;
    (C) $225,544,000 shall be made available for major
    research equipment and facilities construction;
    (D) $341,676,000 shall be made available for agency
    operations and award management;
    (E) $4,808,000 shall be made available for the
    Office of the National Science Board; and
    (F) $14,732,000 shall be made available for the
    Office of Inspector General.

    (c) Fiscal Year 2013.--
    (1) In general.--There are authorized to be appropriated to
    the Foundation $8,300,000,000 for fiscal year 2013.
    (2) Specific allocations.--Of the amount authorized by
    paragraph (1)--
    (A) $6,637,849,000 shall be made available to carry
    research and related activities;
    (B) $1,041,762,000 shall be made available for
    education and human resources;
    (C) $236,764,000 shall be made available for major
    research equipment and facilities construction;
    (D) $363,670,000 shall be made available for agency
    operations and award management;
    (E) $4,906,000 shall be made available for the
    Office of the National Science Board; and
    (F) $15,049,000 shall be made available for the
    Office of Inspector General.

    SEC. 504. NATIONAL SCIENCE BOARD ADMINISTRATIVE AMENDMENTS.

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

    [[Page 4007]]

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

    (a) Establishment.--There is established within the Foundation a
    National Center for Science and Engineering Statistics that shall serve
    as a central Federal clearinghouse for the collection, interpretation,
    analysis, and dissemination of objective data on science, engineering,
    technology, and research and development.
    (b) Duties.--In carrying out subsection (a) of this section, the
    Director, acting through the Center shall--
    (1) <>  collect,
    acquire, analyze, report, and disseminate statistical data
    related to the science and engineering enterprise in the United
    States and other nations that is relevant and useful to
    practitioners, researchers, policymakers, and the public,
    including statistical data on--
    (A) research and development trends;
    (B) the science and engineering workforce;
    (C) United States competitiveness in science,
    engineering, technology, and research and development;
    and
    (D) the condition and progress of United States STEM
    education;
    (2) support research using the data it collects, and on
    methodologies in areas related to the work of the Center; and
    (3) support the education and training of researchers in the
    use of large-scale, nationally representative data sets.

    (c) Statistical Reports.--The Director or the National Science
    Board, acting through the Center, shall issue regular, and as necessary,
    special statistical reports on topics related to the national and
    international science and engineering enterprise such as the biennial
    report required by section 4(j)(1) of the National Science Foundation
    Act of 1950 (42 U.S.C. 1863(j)(1)) on indicators of the state of science
    and engineering in the United States.

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

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

    (b) Manufacturing Education.--In order to help ensure a well-trained
    manufacturing workforce, the Director shall award grants to strengthen
    and expand scientific and technical education and training in advanced
    manufacturing, including through the Foundation's Advanced Technological
    Education program.

    [[Page 4008]]

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

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

    SEC. 508. <>  PARTNERSHIPS FOR INNOVATION.

    (a) <>  In General.--The Director shall carry out a
    program to award merit-reviewed, competitive grants to institutions of
    higher education to establish and to expand partnerships that promote
    innovation and increase the impact of research by developing tools and
    resources to connect new scientific discoveries to practical uses.

    (b) Partnerships.--
    (1) In general.--To be eligible for funding under this
    section, an institution of higher education must propose
    establishment of a partnership that--
    (A) includes at least one private sector entity; and
    (B) may include other institutions of higher
    education, public sector institutions, private sector
    entities, and nonprofit organizations.
    (2) Priority.--In selecting grant recipients under this
    section, the Director shall give priority to partnerships that
    include one or more institutions of higher education and at
    least one of the following:
    (A) A minority serving institution.
    (B) A primarily undergraduate institution.

    [[Page 4009]]

    (C) A 2-year institution of higher education.

    (c) Program.--Proposals funded under this section shall seek--
    (1) to increase the impact of the most promising research at
    the institution or institutions of higher education that are
    members of the partnership through knowledge transfer or
    commercialization;
    (2) to increase the engagement of faculty and students
    across multiple disciplines and departments, including faculty
    and students in schools of business and other appropriate non-
    STEM fields and disciplines in knowledge transfer activities;
    (3) to enhance education and mentoring of students and
    faculty in innovation and entrepreneurship through networks,
    courses, and development of best practices and curricula;
    (4) to strengthen the culture of the institution or
    institutions of higher education to undertake and participate in
    activities related to innovation and leading to economic or
    social impact;
    (5) to broaden the participation of all types of
    institutions of higher education in activities to meet STEM
    workforce needs and promote innovation and knowledge transfer;
    and
    (6) to build lasting partnerships with local and regional
    businesses, local and State governments, and other relevant
    entities.

    (d) Additional Criteria.--In selecting grant recipients under this
    section, the Director shall also consider the extent to which the
    applicants are able to demonstrate evidence of institutional support
    for, and commitment to--
    (1) achieving the goals of the program as described in
    subsection (c);
    (2) expansion to an institution-wide program if the initial
    proposal is not for an institution-wide program; and
    (3) sustaining any new innovation tools and resources
    generated from funding under this program.

    (e) Limitation.--No funds provided under this section may be used to
    construct or renovate a building or structure.

    SEC. 509. <>  SUSTAINABLE CHEMISTRY BASIC
    RESEARCH.

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

    [[Page 4010]]

    SEC. 510. GRADUATE STUDENT SUPPORT.

    (a) <>  Finding.--The Congress finds that--
    (1) the Integrative Graduate Education and Research
    Traineeship program is an important program for training the
    next generation of scientists and engineers in team-based
    interdisciplinary research and problem solving, and for
    providing them with the many additional skills, such as
    communication skills, needed to thrive in diverse STEM careers;
    and
    (2) the Integrative Graduate Education and Research
    Traineeship program is no less valuable to the preparation and
    support of graduate students than the Foundation's Graduate
    Research Fellowship program.

    (b) <>  Equal Treatment of
    IGERT and GRF.--Beginning in fiscal year 2011, the Director shall
    increase or, if necessary, decrease funding for the Foundation's
    Integrative Graduate Education and Research Traineeship program (or any
    program by which it is replaced) at least at the same rate as it
    increases or decreases funding for the Graduate Research Fellowship
    program.

    (c) Support for Graduate Student Research From the Research
    Account.--For each of the fiscal years 2011 through 2013, at least 50
    percent of the total Foundation funds allocated to the Integrative
    Graduate Education and Research Traineeship program and the Graduate
    Research Fellowship program shall come from funds appropriated for
    Research and Related Activities.
    (d) Cost of Education Allowance for GRF Program.--Section 10 of the
    National Science Foundation Act of 1950 (42 U.S.C. 1869) is amended--
    (1) by inserting ``(a) In General.--'' before ``The
    Foundation is authorized''; and
    (2) by adding at the end the following:

    ``(b) Amount.--The Director shall establish for each year the amount
    to be awarded for scholarships and fellowships under this section for
    that year. Each such scholarship and fellowship shall include a cost of
    education allowance of $12,000, subject to any restrictions on the use
    of cost of education allowance as determined by the Director.''.

    SEC. 511. ROBERT NOYCE TEACHER SCHOLARSHIP PROGRAM.

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

    (b) Retiring STEM Professionals.--Section 10A(a)(2)(A) of the
    National Science Foundation Authorization Act of 2002 (42 U.S.C. 1862n-
    1a(a)(2)(A)) is amended by inserting ``including retiring professionals
    in those fields,'' after ``mathematics professionals,''.

    [[Page 4011]]

    SEC. 512 <>  UNDERGRADUATE BROADENING
    PARTICIPATION PROGRAM.

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

    SEC. 513. <>  RESEARCH EXPERIENCES FOR HIGH
    SCHOOL STUDENTS.

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

    SEC. 514. <>  RESEARCH EXPERIENCES FOR
    UNDERGRADUATES.

    (a) <>  Research Sites.--The Director shall award
    grants, on a merit-reviewed, competitive basis, to institutions of
    higher education, nonprofit organizations, or consortia of such
    institutions and organizations, for sites designated by the Director to
    provide research experiences for 6 or more undergraduate STEM students
    for sites designated at primarily undergraduate institutions of higher
    education and 10 or more undergraduate STEM students for all other
    sites, with consideration given to the goal of promoting the
    participation of individuals identified in section 33 or 34 of the
    Science and Engineering Equal Opportunities Act (42 U.S.C. 1885a or
    1885b). The Director shall ensure that--
    (1) at least half of the students participating in a program
    funded by a grant under this subsection at each site shall be
    recruited from institutions of higher education where research
    opportunities in STEM are limited, including 2-year
    institutions;
    (2) the awards provide undergraduate research experiences in
    a wide range of STEM disciplines;
    (3) the awards support a variety of projects, including
    independent investigator-led projects, interdisciplinary
    projects, and multi-institutional projects (including virtual
    projects);
    (4) students participating in each program funded have
    mentors, including during the academic year to the extent
    practicable, to help connect the students' research experiences
    to the overall academic course of study and to help students
    achieve success in courses of study leading to a baccalaureate
    degree in a STEM field;
    (5) mentors and students are supported with appropriate
    salary or stipends; and
    (6) student participants are tracked, for employment and
    continued matriculation in STEM fields, through receipt of the
    undergraduate degree and for at least 3 years thereafter.

    (b) Inclusion of Undergraduates in Standard Research Grants.--The
    Director shall require that every recipient of a research grant from the
    Foundation proposing to include 1 or more students enrolled in
    certificate, associate, or baccalaureate degree programs in carrying out
    the research under the grant shall request support, including stipend
    support, for such undergraduate students as part of the research
    proposal itself rather than as a supplement to the research proposal,
    unless such undergraduate participation was not foreseeable at the time
    of the original proposal.

    [[Page 4012]]

    SEC. 515. <>  STEM INDUSTRY INTERNSHIP PROGRAMS.

    (a) In General.--The Director may award grants, on a competitive,
    merit-reviewed basis, to institutions of higher education, or consortia
    thereof, to establish or expand partnerships with local or regional
    private sector entities, for the purpose of providing undergraduate
    students with integrated internship experiences that connect private
    sector internship experiences with the students' STEM coursework. The
    partnerships may also include industry or professional associations.
    (b) Internship Program.--The grants awarded under subsection (a) may
    include internship programs in the manufacturing sector.
    (c) Use of Grant Funds.--Grants under this section may be used--
    (1) to develop and implement hands-on learning
    opportunities;
    (2) to develop curricula and instructional materials related
    to industry, including the manufacturing sector;
    (3) to perform outreach to secondary schools;
    (4) to develop mentorship programs for students with partner
    organizations; and
    (5) to conduct activities to support awareness of career
    opportunities and skill requirements.

    (d) Priority.--In awarding grants under this section, the Director
    shall give priority to institutions of higher education or consortia
    thereof that demonstrate significant outreach to and coordination with
    local or regional private sector entities and Regional Centers for the
    Transfer of Manufacturing Technology established by section 25(a) of the
    National Institute of Standards and Technology Act (15 U.S.C. 278k(a))
    in developing academic courses designed to provide students with the
    skills or certifications necessary for employment in local or regional
    companies.
    (c) Outreach to Rural Communities.--The Foundation shall conduct
    outreach to institutions of higher education and private sector entities
    in rural areas to encourage those entities to participate in
    partnerships under this section.
    (d) Cost-share.--The Director shall require a 50 percent non-Federal
    cost-share from partnerships established or expanded under this section.
    (e) Restriction.--No Federal funds provided under this section may
    be used--
    (1) for the purpose of providing stipends or compensation to
    students for private sector internships unless private sector
    entities match 75 percent of such funding; or
    (2) <>  as payment or reimbursement to
    private sector entities, except for institutions of higher
    education.

    (f) Report.--Not less than 3 years after the date of enactment of
    this Act, the Director shall submit a report to Congress on the number
    and total value of awards made under this section, the number of
    students affected by those awards, any evidence of the effect of those
    awards on workforce preparation and jobs placement for participating
    students, and an economic and ethnic breakdown of the participating
    students.

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

    The Director shall, in consultation with appropriate Federal
    agencies, identify ways to use cyber-enabled learning to create

    [[Page 4013]]

    an innovative STEM workforce and to help retrain and retain our existing
    STEM workforce to address national challenges, including national
    security and competitiveness, and use technology to enhance or
    supplement laboratory based learning.

    SEC. 517. <>  EXPERIMENTAL PROGRAM TO STIMULATE
    COMPETITIVE RESEARCH.

    (a) Findings.--The Congress finds that--
    (1) The National Science Foundation Act of 1950 stated, ``it
    shall be an objective of the Foundation to strengthen research
    and education in the sciences and engineering, including
    independent research by individuals, throughout the United
    States, and to avoid undue concentration of such research and
    education,'';
    (2) National Science Foundation funding remains highly
    concentrated, with 27 States and 2 jurisdictions, taken
    together, receiving only about 10 percent of all NSF research
    funding; each of these States received only a fraction of one
    percent of Foundation's research dollars each year;
    (3) the Nation requires the talent, expertise, and research
    capabilities of all States in order to prepare sufficient
    numbers of scientists and engineers, remain globally competitive
    and support economic development.

    (b) Continuation of Program.--The Director shall continue to carry
    out EPSCoR, with the objective of helping the eligible States to develop
    the research infrastructure that will make them more competitive for
    Foundation and other Federal research funding. The program shall
    continue to increase as the National Science Foundation funding
    increases.
    (c) Congressional Reports.--The Director shall report to the
    appropriate committees of Congress on an annual basis, using the most
    recent available data--
    (1) the total amount made available, by State, under EPSCoR;
    (2) the amount of co-funding made available to EPSCoR
    States;
    (3) the total amount of National Science Foundation funding
    made available to all institutions and entities within EPSCoR
    States; and
    (4) efforts and accomplishments to more fully integrate the
    29 EPSCoR jurisdictions in major activities and initiatives of
    the Foundation.

    (d) Coordination of EPSCoR and Similar Federal Programs.--
    (1) Another finding.--The Congress finds that a number of
    Federal agencies have programs, such as Experimental Programs to
    Stimulate Competitive Research and the National Institutes of
    Health Institutional Development Award program, designed to
    increase the capacity for and quality of science and technology
    research and training at academic institutions in States that
    historically have received relatively little Federal research
    and development funding.
    (2) Coordination required.--The EPSCoR Interagency
    Coordinating Committee, chaired by the National Science
    Foundation, shall--
    (A) coordinate EPSCoR and Federal EPSCoR-like
    programs to maximize the impact of Federal support for

    [[Page 4014]]

    building competitive research infrastructure, and in
    order to achieve an integrated Federal effort;
    (B) coordinate agency objectives with State and
    institutional goals, to obtain continued non-Federal
    support of science and technology research and training;
    (C) develop metrics to assess gains in academic
    research quality and competitiveness, and in science and
    technology human resource development;
    (D) conduct a cross-agency evaluation of EPSCoR and
    other Federal EPSCoR-like programs and accomplishments,
    including management, investment, and metric-measuring
    strategies implemented by the different agencies aimed
    to increase the number of new investigators receiving
    peer-reviewed funding, broaden participation, and
    empower knowledge generation, dissemination,
    application, and national research and development
    competitiveness;
    (E) coordinate the development and implementation of
    new, novel workshops, outreach activities, and follow-up
    mentoring activities among EPSCoR or EPSCoR-like
    programs for colleges and universities in EPSCoR States
    and territories in order to increase the number of
    proposals submitted and successfully funded and to
    enhance statewide coordination of EPSCoR and Federal
    EPSCoR-like programs;
    (F) coordinate the development of new, innovative
    solicitations and programs to facilitate collaborations,
    partnerships, and mentoring activities among faculty at
    all levels in non-EPSCoR and EPSCoR States and
    jurisdictions;
    (G) conduct an evaluation of the roles,
    responsibilities and degree of autonomy that program
    officers or managers (or the equivalent position) have
    in executing EPSCoR programs at the different Federal
    agencies and the impacts these differences have on the
    number of EPSCoR State and jurisdiction faculty
    participating in the peer review process and the
    percentage of successful awards by individual EPSCoR
    State jurisdiction and individual researcher; and
    (H) <>  conduct a survey of colleges
    and university faculty at all levels regarding their
    knowledge and understanding of EPSCoR, and their level
    of interaction with and knowledge about their respective
    State or Jurisdictional EPSCoR Committee.
    (3) Meetings and reports.--The Committee shall meet at least
    twice each fiscal year and shall submit an annual report to the
    appropriate committees of Congress describing progress made in
    carrying out paragraph (2).

    (e) Federal Agency Reports.--Each Federal agency that administers an
    EPSCoR or Federal EPSCoR-like program shall submit to the OSTP as part
    of its Federal budget submission--
    (1) a description of the program strategy and objectives;
    (2) a description of the awards made in the previous year,
    including--
    (A) the percentage of reviewers and number of new
    reviewers from EPSCoR States;
    (B) the percentage of new investigators from EPSCoR
    States;

    [[Page 4015]]

    (C) the number of programs or large collaborator
    awards involving a partnership of organizations and
    institutions from EPSCoR and non-EPSCoR States; and
    (3) an analysis of the gains in academic research quality
    and competitiveness, and in science and technology human
    resource development, achieved by the program in the last year.

    (f) National Academy of Sciences Study.--
    (1) <>  In general.--The Director shall
    contract with the National Academy of Sciences to conduct a
    study on all Federal agencies that administer an Experimental
    Program to Stimulate Competitive Research or a program similar
    to the Experimental Program to Stimulate Competitive Research.
    (2) Matters to be addressed.--The study conducted under
    paragraph (1) shall include the following:
    (A) A delineation of the policies of each Federal
    agency with respect to the awarding of grants to EPSCoR
    States.
    (B) The effectiveness of each program.
    (C) Recommendations for improvements for each agency
    to achieve EPSCoR goals.
    (D) An assessment of the effectiveness of EPSCoR
    States in using awards to develop science and
    engineering research and education, and science and
    engineering infrastructure within their States.
    (E) Such other issues that address the effectiveness
    of EPSCoR as the National Academy of Sciences considers
    appropriate.

    SEC. 518. SENSE OF THE CONGRESS REGARDING THE SCIENCE, TECHNOLOGY,
    ENGINEERING, AND MATHEMATICS TALENT EXPANSION PROGRAM.

    It is the sense of the Congress that--
    (1) the Science, Technology, Engineering, and Mathematics
    Talent Expansion Program established by the National Science
    Foundation Authorization Act of 2002 continues to be an
    effective program to increase the number of students, who are
    citizens or permanent residents of the United States, receiving
    associate or baccalaureate degrees in established or emerging
    fields within science, technology, engineering, and mathematics,
    and its authorization continues;
    (2) the strategies employed continue to strengthen mentoring
    and tutoring between faculty and students and provide students
    with information and exposure to potential career pathways in
    science, technology, engineering, and mathematics areas;
    (3) this highly competitive program awarded 145 Program
    implementation awards and 12 research projects in the first 6
    years of operations; and
    (4) the Science, Technology, Engineering, and Mathematics
    Talent Expansion Program should continue to be supported by the
    National Science Foundation.

    SEC. 519. SENSE OF THE CONGRESS REGARDING THE NATIONAL SCIENCE
    FOUNDATION'S CONTRIBUTIONS TO BASIC RESEARCH AND EDUCATION.

    (a) Findings.--The Congress finds that--
    (1) the National Science Foundation is an independent
    Federal agency created by Congress in 1950 to, among other

    [[Page 4016]]

    things, promote the progress of science, to advance the national
    health, prosperity, and welfare, and to secure the national
    defense;
    (2) the Foundation is the funding source for approximately
    20 percent of all federally supported basic research conducted
    by America's colleges and universities, and is the major source
    of Federal backing for mathematics, computer science and other
    sciences;
    (3) the America COMPETES Act of 2007 helped rejuvenate our
    focus on increasing basic research investment in the physical
    sciences, strengthening educational opportunities in the
    science, technology, engineering, and mathematics fields and
    developing a robust innovation infrastructure; and
    (4) reauthorization of the America COMPETES Act should
    continue a robust investment in basic research and education and
    preserve the essence of the original Act by increasing the
    investment focus on science, technology, engineering, and
    mathematics basic research and education as a national priority.

    (b) Sense of the Congress.--It is the sense of the Congress that--
    (1) the National Science Foundation is the finest scientific
    foundation in the world, and is a vital agency that must support
    basic research needed to advance the United States into the 21st
    century;
    (2) the National Science Foundation should focus Federal
    research and development resources primarily in the areas of
    science, technology, engineering, and mathematics basic research
    and education; and
    (3) the National Science Foundation should strive to ensure
    that federally-supported research is of the finest quality, is
    ground breaking, and answers questions or solves problems that
    are of utmost importance to society at large.

    SEC. 520. <>  ACADEMIC TECHNOLOGY TRANSFER AND
    COMMERCIALIZATION OF UNIVERSITY RESEARCH.

    (a) <>  In General.--Any
    institution of higher education (as such term is defined in section
    101(A) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))) that
    receives National Science Foundation research support and has received
    at least $25,000,000 in total Federal research grants in the most recent
    fiscal year shall keep, maintain, and report annually to the National
    Science Foundation the universal record locator for a public website
    that contains information concerning its general approach to and
    mechanisms for transfer of technology and the commercialization of
    research results, including--
    (1) contact information for individuals and university
    offices responsible for technology transfer and
    commercialization;
    (2) information for both university researchers and industry
    on the institution's technology licensing and commercialization
    strategies;
    (3) success stories, statistics, and examples of how the
    university supports commercialization of research results;
    (4) technologies available for licensing by the university
    where appropriate; and

    [[Page 4017]]

    (5) any other information deemed by the institution to be
    helpful to companies with the potential to commercialize
    university inventions.

    (b) NSF Website.--The National Science Foundation shall create and
    maintain a website accessible to the public that links to each website
    mentioned under (a).
    (c) Trade Secret Information.--Notwithstanding subsection (a), an
    institution shall not be required to reveal confidential, trade secret,
    or proprietary information on its website.

    SEC. 521. STUDY TO DEVELOP IMPROVED IMPACT-ON-SOCIETY METRICS.

    (a) <>  In General.--Within 180 days
    after the date of enactment of this Act, the Director of the National
    Science Foundation shall contract with the National Academy of Sciences
    to initiate a study to evaluate, develop, or improve metrics for
    measuring the potential impact-on-society, including--
    (1) the potential for commercial applications of research
    studies funded in whole or in part by grants of financial
    assistance from the Foundation or other Federal agencies;
    (2) the manner in which research conducted at, and
    individuals graduating from, an institution of higher education
    contribute to the development of new intellectual property and
    the success of commercial activities;
    (3) the quality of relevant scientific and international
    publications; and
    (4) the ability of such institutions to attract external
    research funding.

    (b) Report.--Within 1 year after initiating the study required by
    subsection (a), the Director shall submit a report to the Senate
    Committee on Commerce, Science, and Transportation and the House of
    Representatives Committee on Science and Technology setting forth the
    Director's findings, conclusions, and recommendations.

    SEC. 522. <>  NSF GRANTS IN SUPPORT OF SPONSORED
    POST-DOCTORAL FELLOWSHIP PROGRAMS.

    The Director of the National Science Foundation may utilize funds
    appropriated to carry out grants to institutions of higher education (as
    such term is defined in section 101(a) of the Higher Education Act of
    1965 (20 U.S.C. 1001(a))) to provide financial support for post-graduate
    research in fields with potential commercial applications to match, in
    whole or in part, any private sector grant of financial assistance to
    any post-doctoral program in such a field of study.

    SEC. 523. COLLABORATION IN PLANNING FOR STEWARDSHIP OF LARGE-SCALE
    FACILITIES.

    It is the sense of Congress that--
    (1) the Foundation should, in its planning for construction
    and stewardship of large facilities, coordinate and collaborate
    with other Federal agencies, including the Department of
    Energy's Office of Science, to ensure that joint investments may
    be made when practicable;
    (2) in particular, the Foundation should ensure that it
    responds to recommendations by the National Academy of Sciences
    and working groups convened by the National Science

    [[Page 4018]]

    and Technology Council regarding such facilities and
    opportunities for partnership with other agencies in the design
    and construction of such facilities; and
    (3) for facilities in which research in multiple disciplines
    will be possible, the Director should include multiple units
    within the Foundation during the planning process.

    SEC. 524. <>  CLOUD COMPUTING RESEARCH
    ENHANCEMENT.

    (a) Research Focus Area.--The Director may support a national
    research agenda in key areas affected by the increased use of public and
    private cloud computing, including--
    (1) new approaches, techniques, technologies, and tools
    for--
    (A) optimizing the effectiveness and efficiency of
    cloud computing environments; and
    (B) mitigating security, identity, privacy,
    reliability, and manageability risks in cloud-based
    environments, including as they differ from traditional
    data centers;
    (2) new algorithms and technologies to define, assess, and
    establish large-scale, trustworthy, cloud-based infrastructures;
    (3) models and advanced technologies to measure, assess,
    report, and understand the performance, reliability, energy
    consumption, and other characteristics of complex cloud
    environments; and
    (4) advanced security technologies to protect sensitive or
    proprietary information in global-scale cloud environments.

    (b) Establishment.--
    (1) In general.--Not later than 60 days after the date of
    enactment of this Act, the Director shall initiate a review and
    assessment of cloud computing research opportunities and
    challenges, including research areas listed in subsection (a),
    as well as related issues such as--
    (A) the management and assurance of data that are
    the subject of Federal laws and regulations in cloud
    computing environments, which laws and regulations exist
    on the date of enactment of this Act;
    (B) misappropriation of cloud services, piracy
    through cloud technologies, and other threats to the
    integrity of cloud services;
    (C) areas of advanced technology needed to enable
    trusted communications, processing, and storage; and
    (D) other areas of focus determined appropriate by
    the Director.
    (2) Unsolicited proposals.--The Director may accept
    unsolicited proposals that review and assess the issues
    described in paragraph (1). The proposals may be judged
    according to existing criteria of the National Science
    Foundation.

    (c) Report.--The Director shall provide an annual report for not
    less than 5 consecutive years to Congress on the outcomes of National
    Science Foundation investments in cloud computing research,
    recommendations for research focus and program improvements, or other
    related recommendations. <>  The reports, including
    any interim findings or recommendations, shall be made publicly
    available on the website of the National Science Foundation.

    (d) NIST Support.--The Director of the National Institute of
    Standards and Technology shall--

    [[Page 4019]]

    (1) collaborate with industry in the development of
    standards supporting trusted cloud computing infrastructures,
    metrics, interoperability, and assurance; and
    (2) support standards development with the intent of
    supporting common goals.

    SEC. 525. <>  TRIBAL COLLEGES AND
    UNIVERSITIES PROGRAM.

    (a) In General.--The Director shall continue to support a program to
    award grants on a competitive, merit-reviewed basis to tribal colleges
    and universities (as defined in section 316 of the Higher Education Act
    of 1965 (20 U.S.C. 1059c), including institutions described in section
    317 of such Act (20 U.S.C. 1059d), to enhance the quality of
    undergraduate STEM education at such institutions and to increase the
    retention and graduation rates of Native American students pursuing
    associate's or baccalaureate degrees in STEM.
    (b) Program Components.--Grants awarded under this section shall
    support--
    (1) activities to improve courses and curriculum in STEM;
    (2) faculty development;
    (3) stipends for undergraduate students participating in
    research; and
    (4) other activities consistent with subsection (a), as
    determined by the Director.

    (c) Instrumentation.--Funding provided under this section may be
    used for laboratory equipment and materials.

    SEC. 526. <>  BROADER IMPACTS REVIEW CRITERION.

    (a) Goals.--The Foundation shall apply a Broader Impacts Review
    Criterion to achieve the following goals:
    (1) Increased economic competitiveness of the United States.
    (2) Development of a globally competitive STEM workforce.
    (3) Increased participation of women and underrepresented
    minorities in STEM.
    (4) Increased partnerships between academia and industry.
    (5) Improved pre-K-12 STEM education and teacher
    development.
    (6) Improved undergraduate STEM education.
    (7) Increased public scientific literacy.
    (8) Increased national security.

    (b) Policy.--Not later than 6 months after the date of enactment of
    this Act, the Director shall develop and implement a policy for the
    Broader Impacts Review Criterion that--
    (1) provides for educating professional staff at the
    Foundation, merit review panels, and applicants for Foundation
    research grants on the policy developed under this subsection;
    (2) clarifies that the activities of grant recipients
    undertaken to satisfy the Broader Impacts Review Criterion
    shall--
    (A) to the extent practicable employ proven
    strategies and models and draw on existing programs and
    activities; and
    (B) when novel approaches are justified, build on
    the most current research results;
    (3) allows for some portion of funds allocated to broader
    impacts under a research grant to be used for assessment and
    evaluation of the broader impacts activity;

    [[Page 4020]]

    (4) encourages institutions of higher education and other
    nonprofit education or research organizations to develop and
    provide, either as individual institutions or in partnerships
    thereof, appropriate training and programs to assist Foundation-
    funded principal investigators at their institutions in
    achieving the goals of the Broader Impacts Review Criterion as
    described in subsection (a); and
    (5) requires principal investigators applying for Foundation
    research grants to provide evidence of institutional support for
    the portion of the investigator's proposal designed to satisfy
    the Broader Impacts Review Criterion, including evidence of
    relevant training, programs, and other institutional resources
    available to the investigator from either their home institution
    or organization or another institution or organization with
    relevant expertise.

    SEC. 527. <>  TWENTY-FIRST CENTURY
    GRADUATE EDUCATION.

    (a) In General.--The Director shall award grants, on a competitive,
    merit-reviewed basis, to institutions of higher education to implement
    or expand research-based reforms in master's and doctoral level STEM
    education that emphasize preparation for diverse careers utilizing STEM
    degrees, including at diverse types of institutions of higher education,
    in industry, and at government agencies and research laboratories.
    (b) Uses of Funds.--Activities supported by grants under this
    section may include--
    (1) creation of multidisciplinary or interdisciplinary
    courses or programs for the purpose of improved student
    instruction and research in STEM;
    (2) expansion of graduate STEM research opportunities to
    include interdisciplinary research opportunities and research
    opportunities in industry, at Federal laboratories, and at
    international research institutions or research sites;
    (3) development and implementation of future faculty
    training programs focused on improved instruction, mentoring,
    assessment of student learning, and support of undergraduate
    STEM students;
    (4) support and training for graduate students to
    participate in instructional activities beyond the traditional
    teaching assistantship, and especially as part of ongoing
    educational reform efforts, including at pre-K-12 schools, and
    primarily undergraduate institutions;
    (5) creation, improvement, or expansion of innovative
    graduate programs such as science master's degree programs;
    (6) development and implementation of seminars, workshops,
    and other professional development activities that increase the
    ability of graduate students to engage in innovation, technology
    transfer, and entrepreneurship;
    (7) development and implementation of seminars, workshops,
    and other professional development activities that increase the
    ability of graduate students to effectively communicate their
    research findings to technical audiences outside of their own
    discipline and to nontechnical audiences;
    (8) expansion of successful STEM reform efforts beyond a
    single academic unit to other STEM academic units within an
    institution or to comparable academic units at other
    institutions; and

    [[Page 4021]]

    (9) research on teaching and learning of STEM at the
    graduate level related to the proposed reform effort, including
    assessment and evaluation of the proposed reform activities and
    research on scalability and sustainability of approaches to
    reform.

    (c) Partnership.--An institution of higher education may partner
    with one or more other nonprofit education or research organizations,
    including scientific and engineering societies, for the purposes of
    carrying out the activities authorized under this section.
    (d) Selection Process.--
    (1) Applications.--An institution of higher education
    seeking a grant under this section shall submit an application
    to the Director at such time, in such manner, and containing
    such information as the Director may require. The application
    shall include, at a minimum--
    (A) a description of the proposed reform effort;
    (B) in the case of applications that propose an
    expansion of a previously implemented reform effort at
    the applicant's institution or at other institutions, a
    description of the previously implemented reform effort;
    (C) evidence of institutional support for, and
    commitment to, the proposed reform effort, including
    long-term commitment to implement successful strategies
    from the current reform effort beyond the academic unit
    or units included in the grant proposal or to
    disseminate successful strategies to other institutions;
    and
    (D) a description of the plans for assessment and
    evaluation of the grant proposed reform activities.
    (2) Review of applications.--In selecting grant recipients
    under this section, the Director shall consider at a minimum--
    (A) the likelihood of success in undertaking the
    proposed effort at the institution submitting the
    application, including the extent to which the faculty,
    staff, and administrators of the institution are
    committed to making the proposed institutional reform a
    priority of the participating academic unit or units;
    (B) the degree to which the proposed reform will
    contribute to change in institutional culture and policy
    such that a greater value is placed on preparing
    graduate students for diverse careers utilizing STEM
    degrees;
    (C) the likelihood that the institution will sustain
    or expand the reform beyond the period of the grant; and
    (D) the degree to which scholarly assessment and
    evaluation plans are included in the design of the
    reform effort.

    SUBTITLE B--STEM-TRAINING GRANT PROGRAM

    SEC. 551. <>  PURPOSE.

    The purpose of this subtitle is to replicate and implement programs
    at institutions of higher education that provide integrated courses of
    study in science, technology, engineering, or mathematics, and teacher
    education, that lead to a baccalaureate degree in science, technology,
    engineering, or mathematics with concurrent teacher certification.

    [[Page 4022]]

    SEC. 552. <>  PROGRAM REQUIREMENTS.

    The Director shall replicate and implement undergraduate degree
    programs under this subtitle that--
    (1) are designed to recruit and prepare students who pursue
    a baccalaureate degree in science, technology, engineering, or
    mathematics to become certified as elementary and secondary
    teachers;
    (2) require the education department (or its equivalent) and
    the departments or division responsible for preparation of
    science, technology, engineering, and mathematics majors at an
    institution of higher education to collaborate in establishing
    and implementing the program at that institution;
    (3) require students participating in the program to enter
    the program through a field-based course and to continue to
    complete field-based courses supervised by master teachers
    throughout the program;
    (4) hire sufficient teachers so that the ratio of students
    to master teachers in the program does not exceed 100 to 1;
    (5) include instruction in the use of scientifically-based
    instructional materials and methods, assessments, pedagogical
    content knowledge (including the interaction between mathematics
    and science), the use of instructional technology, and how to
    incorporate State and local standards into the classroom
    curriculum;
    (6) restrict to students participating in the program those
    courses that are specifically designed for the needs of teachers
    of science, technology, engineering, and mathematics; and
    (7) require students participating in the program to
    successfully complete a final evaluation of their teaching
    proficiency, based on their classroom teaching performance,
    conducted by multiple trained observers, and a portfolio of
    their accomplishments.

    SEC. 553. <>  GRANT PROGRAM.

    (a) In General.--The Director shall establish a grant program to
    support programs at institutions of higher education to carry out the
    purpose of this subtitle.
    (b) Geographical Considerations.--In the administration of this
    subtitle, the Director shall take such steps as may be necessary to
    ensure that grants are equitably distributed across all regions of the
    United States, taking into account population density and other
    geographic and demographic considerations.
    (c) Amount of Grant.--Subject to the requirements of subsection (d),
    the Director may award grants annually on a competitive basis to
    institutions of higher education in the amount of $2,000,000, per
    institution of which--
    (1) $1,500,000 shall be used--
    (A) to design, implement, and evaluate a program
    that meets the requirements of section 552;
    (B) to employ master teachers at the institution to
    oversee field experiences;
    (C) to provide a stipend to mentor teachers
    participating in the program; and
    (D) to support curriculum development and
    implementation strategies for science, technology,

    [[Page 4023]]

    engineering, and mathematics content courses taught
    through the program; and
    (2) up to $500,000 shall be set aside by the grantee for
    technical support and evaluation services from the institution
    whose programs will be replicated.

    (d) Eligibility.--To be eligible to apply for a grant under this
    section, an institution of higher education shall--
    (1) include former secondary school science, technology,
    engineering, or mathematics master teachers as faculty in its
    science department for this program;
    (2) grant terminal degrees in science, technology,
    engineering, and mathematics; and
    (3) have a process to be used in establishing partnerships
    with local educational agencies for placement of participating
    students in their field experiences, including a process for
    identifying mentor teachers working in local schools to
    supervise classroom field experiences in cooperation with
    university-based master teachers;
    (4) maintain policies allowing flexible entry to the program
    throughout the undergraduate coursework;
    (5) require that master teachers employed by the institution
    will supervise field experiences of students in the program;
    (6) require that the program complies with State
    certification or licensing requirements and the requirements
    under section 9101(23) of the Elementary and Secondary Education
    Act of 1965 (20 U.S.C. 7801(23)) for highly qualified teachers;
    (7) develop during the course of the grant a plan for long-
    term support and assessment of its graduates, which shall
    include--
    (A) induction support for graduates in their first
    one to two years of teaching;
    (B) systems to determine the teaching status of
    graduates and thereby determine retention rates; and
    (C) methods to analyze the achievement of students
    taught by graduates, and methods to analyze classroom
    practices of graduates; and
    (8) be able upon completion of the grant at the end of 5
    years to fund essential program costs, including salaries of
    master teachers and other necessary personnel, from recurring
    university budgets.

    (e) Application Requirements.--An institution of higher education
    seeking a grant under the program shall submit an application to the
    Director in such form, at such time, and containing such information and
    assurances as the Director may require, including--
    (1) a description of the current rate at which individuals
    majoring in science, technology, engineering, and mathematics
    become certified as elementary and secondary teachers;
    (2) a description for the institution's plan for increasing
    the numbers of students enrolled in and graduating from the
    program supported under this subtitle;
    (3) a description of the institution's capacity to develop a
    program in which individuals majoring in science, technology,
    engineering, and mathematics can become certified as elementary
    and secondary teachers;
    (4) identification of the organizational unit within the
    department or division of arts and sciences or the science

    [[Page 4024]]

    department at the institution that will adopt teacher
    certification for elementary and secondary teachers as its
    primary mission;
    (5) identification of core faculty within the department or
    division of arts and sciences or the science department at the
    institution to champion teacher preparation in their departments
    by teaching courses dedicated to preparing future elementary and
    secondary school teachers, helping create new degree plans,
    advising prospective students within their major, and assisting
    as needed with program administration;
    (6) identification of core faculty in the education
    department or its equivalent at the institution to champion
    teacher preparation by creating and teaching courses specific to
    the preparation of science, technology, engineering, and
    mathematics and working closely with colleagues in the
    department or division of arts and sciences or the science
    department; and
    (7) a description of involving practical, field-based
    experience in teaching and degree plans enabling students to
    graduate in 4 years with a major in science, technology,
    engineering, or mathematics and elementary or secondary school
    teacher certification.

    (f) Matching Requirement.--An institution of higher education may
    not receive a grant under this section unless it provides, from non-
    federal sources, to carry out the activities supported by the grant, an
    amount that is not less than--
    (1) 35 percent of the amount of the grant for the first
    fiscal year of the grant;
    (2) 55 percent of the amount of the grant for the second and
    third fiscal years of the grant; and
    (3) 75 percent of the amount of the grant for the fourth and
    fifth fiscal years of the grant.

    (g) <>  Guidance.--Within 90 days after the date of
    enactment of this Act, the Director shall initiate a proceeding to
    promulgate guidance for the administration of the grant program
    established under subsection (a).

    SEC. 554. <>  GRANT OVERSIGHT AND ADMINISTRATION.

    (a) In General.--The Director may execute a contract for program
    oversight and fiscal management with an organization at an institution
    of higher education, a non-profit organization, or other entity that
    demonstrates capacity for and experience in--
    (1) replicating 1 or more similar programs at regional or
    national levels;
    (2) providing programmatic and technical implementation
    assistance for the program;
    (3) performing data collection and analysis to ensure proper
    implementation and continuous program improvement; and
    (4) providing accountability for results by measuring and
    monitoring achievement of programmatic milestones.

    (b) Oversight Responsibilities.--
    (1) Mandatory duties.--If the Director executes a contract
    under subsection (a) with an organization for program oversight
    and fiscal management, the organization shall--
    (A) ensure that a grant recipient faithfully
    replicates and implements the program or programs for
    which the grant is awarded;

    [[Page 4025]]

    (B) ensure that grant funds are used for the
    purposes authorized and that a grant recipient has a
    system in place to track and account for all Federal
    grant funds provided;
    (C) provide technical assistance to grant
    recipients;
    (D) <>  collect and
    analyze data and report to the Director annually on the
    effects of the program on--
    (i) the progress of participating students in
    achieving teaching competence and teaching
    certification;
    (ii) the participation of students in the
    program by major, compared with local and State
    needs on secondary teachers by discipline; and
    (iii) the participation of students in the
    program by demographic subgroup;
    (E) <>  collect and
    analyze data and report to the Director annually on the
    effects of the program on the academic achievement of
    elementary and secondary school students taught by
    graduates of programs funded by grants under this
    subtitle; and
    (F) <>  submit an annual
    report to the Director demonstrating compliance with the
    requirements of subparagraphs (A) through (E).
    (2) Discretionary duties.--At the request of the Director,
    the organization under contract under subsection (a) may assist
    the Director in evaluating grant applications.

    (c) Reports to Congress.--The Director shall submit a copy of the
    annual report required by subsection (b)(1)(F) to the Senate Committee
    on Commerce, Science, and Transportation, the Senate Committee on
    Health, Education, Labor, and Pensions, the House of Representatives
    Committee on Science and Technology, and the House of Representatives
    Committee on Education and Labor.

    SEC. 555. <>  DEFINITIONS.

    In this subtitle:
    (1) Field-based course.--The term ``field-based course''
    means a course of instruction offered by an institution of
    higher education that includes a requirement that students teach
    a minimum of 3 lessons or sequences of lessons to elementary or
    secondary students.
    (2) Institution of higher education.--The term ``institution
    of higher education'' has the meaning given that term by section
    101 of the Higher Education Act of 1965 (20 U.S.C. 1001).
    (3) Master teacher.--The term ``master teacher'' means an
    individual--
    (A) who has been awarded a master's or doctoral
    degree by an institution of higher education;
    (B) whose graduate coursework included courses in
    mathematics, science, computer science, or engineering;
    (C) who has at least 3 years teaching experience in
    K-12 settings; and
    (D) whose teaching has been recognized for
    exceptional accomplishments in educating students, or is
    demonstrated to have resulted in improved student
    achievement.
    (4) Mentor teacher.--The term ``mentor teacher'' means an
    elementary or secondary school classroom teacher who

    [[Page 4026]]

    assists with the training of students participating in a field-
    based course.
    (5) Director.--The term ``Director'' means the Director of
    the National Science Foundation.

    SEC. 556. <>  AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Director to carry out
    this subtitle $10,000,000 for each of fiscal years 2011 through 2013.

    TITLE VI--INNOVATION

    SEC. 601. OFFICE OF INNOVATION AND ENTREPRENEURSHIP.

    The Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C.
    3701 et seq.), as amended by section 106 of this Act, is amended by
    adding at the end the following:

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

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

    ``(c) Advisory Committee.--The Secretary shall establish an Advisory
    Council on Innovation and Entrepreneurship to provide advice to the
    Secretary on carrying out subsection (b).''.

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

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

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

    ``(a) Establishment.--The Secretary shall establish a program to
    provide loan guarantees for obligations to small- or medium-

    [[Page 4027]]

    sized manufacturers for the use or production of innovative
    technologies.
    ``(b) Eligible Projects.--A loan guarantee may be made under the
    program only for a project that re-equips, expands, or establishes a
    manufacturing facility in the United States--
    ``(1) to use an innovative technology or an innovative
    process in manufacturing;
    ``(2) to manufacture an innovative technology product or an
    integral component of such a product; or
    ``(3) to commercialize an innovative product, process, or
    idea that was developed by research funded in whole or in part
    by a grant from the Federal government.

    ``(c) Eligible Borrower.--A loan guarantee may be made under the
    program only for a borrower who is a small- or medium-sized
    manufacturer, as determined by the Secretary under the criteria
    established pursuant to subsection (l).
    ``(d) Limitation on Amount.--A loan guarantee shall not exceed an
    amount equal to 80 percent of the obligation, as estimated at the time
    at which the loan guarantee is issued.
    ``(e) <>  Limitations on Loan Guarantee.--No
    loan guarantee shall be made unless the Secretary determines that--
    ``(1) there is a reasonable prospect of repayment of the
    principal and interest on the obligation by the borrower;
    ``(2) the amount of the obligation (when combined with
    amounts available to the borrower from other sources) is
    sufficient to carry out the project;
    ``(3) the obligation is not subordinate to other financing;
    ``(4) the obligation bears interest at a rate that does not
    exceed a level that the Secretary determines appropriate, taking
    into account the prevailing rate of interest in the private
    sector for similar loans and risks; and
    ``(5) the term of an obligation requires full repayment over
    a period not to exceed the lesser of--
    ``(A) 30 years; or
    ``(B) 90 percent of the projected useful life, as
    determined by the Secretary, of the physical asset to be
    financed by the obligation.

    ``(f) Defaults.--
    ``(1) Payment by secretary.--
    ``(A) In general.--If a borrower defaults (as
    defined in regulations promulgated by the Secretary and
    specified in the loan guarantee) on the obligation, the
    holder of the loan guarantee shall have the right to
    demand payment of the unpaid amount from the Secretary.
    ``(B) Payment required.--Within such period as may
    be specified in the loan guarantee or related
    agreements, the Secretary shall pay to the holder of the
    loan guarantee the unpaid interest on and unpaid
    principal of the obligation as to which the borrower has
    defaulted, unless the Secretary finds that there was no
    default by the borrower in the payment of interest or
    principal or that the default has been remedied.
    ``(C) Forbearance.--Nothing in this subsection
    precludes any forbearance by the holder of the
    obligation for the benefit of the borrower which may be
    agreed upon by the parties to the obligation and
    approved by the Secretary.

    [[Page 4028]]

    ``(2) Subrogation.--
    ``(A) In general.--If the Secretary makes a payment
    under paragraph (1), the Secretary shall be subrogated
    to the rights, as specified in the loan guarantee, of
    the recipient of the payment or related agreements
    including, if appropriate, the authority
    (notwithstanding any other provision of law)--
    ``(i) to complete, maintain, operate, lease,
    or otherwise dispose of any property acquired
    pursuant to such loan guarantee or related
    agreement; or
    ``(ii) to permit the borrower, pursuant to an
    agreement with the Secretary, to continue to
    pursue the purposes of the project if the
    Secretary determines that such an agreement is in
    the public interest.
    ``(B) Superiority of rights.--The rights of the
    Secretary, with respect to any property acquired
    pursuant to a loan guarantee or related agreements,
    shall be superior to the rights of any other person with
    respect to the property.
    ``(3) Notification.--If the borrower defaults on an
    obligation, the Secretary shall notify the Attorney General of
    the default.

    ``(g) Terms and Conditions.--A loan guarantee under this section
    shall include such detailed terms and conditions as the Secretary
    determines appropriate--
    ``(1) to protect the interests of the United States in the
    case of default; and
    ``(2) to have available all the patents and technology
    necessary for any person selected, including the Secretary, to
    complete and operate the project.

    ``(h) Consultation.--In establishing the terms and conditions of a
    loan guarantee under this section, the Secretary shall consult with the
    Secretary of the Treasury.
    ``(i) Fees.--
    ``(1) In general.--The Secretary shall charge and collect
    fees for loan guarantees in amounts the Secretary determines are
    sufficient to cover applicable administrative expenses.
    ``(2) Availability.--Fees collected under this subsection
    shall--
    ``(A) be deposited by the Secretary into the
    Treasury of the United States; and
    ``(B) remain available until expended, subject to
    such other conditions as are contained in annual
    appropriations Acts.
    ``(3) Limitation.--In charging and collecting fees under
    paragraph (1), the Secretary shall take into consideration the
    amount of the obligation.

    ``(j) Records.--
    ``(1) <>  In general.--With respect to a
    loan guarantee under this section, the borrower, the lender, and
    any other appropriate party shall keep such records and other
    pertinent documents as the Secretary shall prescribe by
    regulation, including such records as the Secretary may require
    to facilitate an effective audit.
    ``(2) Access.--The Secretary and the Comptroller General of
    the United States, or their duly authorized representatives,

    [[Page 4029]]

    shall have access to records and other pertinent documents for
    the purpose of conducting an audit.

    ``(k) Full Faith and Credit.--The full faith and credit of the
    United States is pledged to the payment of all loan guarantees issued
    under this section with respect to principal and interest.
    ``(l) Regulations.--The Secretary shall issue final regulations
    before making any loan guarantees under the program. The regulations
    shall include--
    ``(1) criteria that the Secretary shall use to determine
    eligibility for loan guarantees under this section, including--
    ``(A) whether a borrower is a small- or medium-sized
    manufacturer; and
    ``(B) whether a borrower demonstrates that a market
    exists for the innovative technology product, or the
    integral component of such a product, to be
    manufactured, as evidenced by written statements of
    interest from potential purchasers;
    ``(2) criteria that the Secretary shall use to determine the
    amount of any fees charged under subsection (i), including
    criteria related to the amount of the obligation;
    ``(3) policies and procedures for selecting and monitoring
    lenders and loan performance; and
    ``(4) any other policies, procedures, or information
    necessary to implement this section.

    ``(m) Audit.--
    ``(1) <>  Annual independent audits.--The
    Secretary shall enter into an arrangement with an independent
    auditor for annual evaluations of the program under this
    section.
    ``(2) Comptroller general review.--The Comptroller General
    of the United States shall conduct a biennial review of the
    Secretary's execution of the program under this section.
    ``(3) Report.--The results of the independent audit under
    paragraph (1) and the Comptroller General's review under
    paragraph (2) shall be provided directly to the Committee on
    Science and Technology of the House of Representatives and the
    Committee on Commerce, Science, and Transportation of the
    Senate.

    ``(n) Report to Congress.--Concurrent with the submission to
    Congress of the President's annual budget request in each year after the
    date of enactment of the America COMPETES Reauthorization Act of 2010,
    the Secretary shall transmit to the Committee on Science and Technology
    of the House of Representatives and the Committee on Commerce, Science,
    and Transportation of the Senate a report containing a summary of all
    activities carried out under this section.
    ``(o) Coordination and Nonduplication.--To the maximum extent
    practicable, the Secretary shall ensure that the activities carried out
    under this section are coordinated with, and do not duplicate the
    efforts of, other loan guarantee programs within the Federal Government.
    ``(p) MEP Centers.--The Secretary may use centers established under
    section 25 of the National Institute of Standards and Technology Act (15
    U.S.C. 278k) to provide information about the program established under
    this section and to conduct outreach to potential borrowers, as
    appropriate.
    ``(q) <>  Minimizing Risk.--The Secretary shall
    promulgate regulations and policies to carry out this section in
    accordance with Office of Management and Budget Circular No. A-129,
    entitled

    [[Page 4030]]

    `Policies for Federal Credit Programs and Non-Tax Receivables', as in
    effect on the date of enactment of the America COMPETES Reauthorization
    Act of 2010.

    ``(r) Sense of Congress.--It is the sense of Congress that no loan
    guarantee shall be made under this section unless the borrower agrees to
    use a federally-approved electronic employment eligibility verification
    system to verify the employment eligibility of--
    ``(1) all persons hired during the contract term by the
    borrower to perform employment duties within the United States;
    and
    ``(2) all persons assigned by the borrower to perform work
    within the United States on the project.

    ``(s) Definitions.--In this section:
    ``(1) Cost.--The term `cost' has the meaning given such term
    under section 502 of the Federal Credit Reform Act of 1990 (2
    U.S.C. 661a).
    ``(2) Innovative process.--The term `innovative process'
    means a process that is significantly improved as compared to
    the process in general use in the commercial marketplace in the
    United States at the time the loan guarantee is issued.
    ``(3) Innovative technology.--The term `innovative
    technology' means a technology that is significantly improved as
    compared to the technology in general use in the commercial
    marketplace in the United States at the time the loan guarantee
    is issued.
    ``(4) Loan guarantee.--The term `loan guarantee' has the
    meaning given such term in section 502 of the Federal Credit
    Reform Act of 1990 (2 U.S.C. 661a). The term includes a loan
    guarantee commitment (as defined in section 502 of such Act (2
    U.S.C. 661a)).
    ``(5) Obligation.--The term `obligation' means the loan or
    other debt obligation that is guaranteed under this section.
    ``(6) Program.--The term `program' means the loan guarantee
    program established in subsection (a).

    ``(t) Authorization of Appropriations.--There are authorized to be
    appropriated $20,000,000 for each of fiscal years 2011 through 2013 to
    provide the cost of loan guarantees under this section.''.

    SEC. 603. REGIONAL INNOVATION PROGRAM.

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

    ``SEC. 27. <>  REGIONAL INNOVATION PROGRAM.

    ``(a) Establishment.--The Secretary shall establish a regional
    innovation program to encourage and support the development of regional
    innovation strategies, including regional innovation clusters and
    science and research parks.
    `(b) Cluster Grants.--
    ``(1) In general.--As part of the program established under
    subsection (a), the Secretary may award grants on a competitive
    basis to eligible recipients for activities relating to the
    formation and development of regional innovation clusters.
    ``(2) Permissible activities.--Grants awarded under this
    subsection may be used for activities determined appropriate by
    the Secretary, including the following:
    ``(A) Feasibility studies.

    [[Page 4031]]

    ``(B) Planning activities.
    ``(C) Technical assistance.
    ``(D) Developing or strengthening communication and
    collaboration between and among participants of a
    regional innovation cluster.
    ``(E) Attracting additional participants to a
    regional innovation cluster.
    ``(F) Facilitating market development of products
    and services developed by a regional innovation cluster,
    including through demonstration, deployment, technology
    transfer, and commercialization activities.
    ``(G) Developing relationships between a regional
    innovation cluster and entities or clusters in other
    regions.
    ``(H) Interacting with the public and State and
    local governments to meet the goals of the cluster.
    ``(3) Eligible recipient defined.--In this subsection, the
    term `eligible recipient' means--
    ``(A) a State;
    ``(B) an Indian tribe;
    ``(C) a city or other political subdivision of a
    State;
    ``(D) an entity that--
    ``(i) is a nonprofit organization, an
    institution of higher education, a public-private
    partnership, a science or research park, a Federal
    laboratory, or an economic development
    organization or similar entity; and
    ``(ii) has an application that is supported by
    a State or a political subdivision of a State; or
    ``(E) a consortium of any of the entities described
    in subparagraphs (A) through (D).
    ``(4) Application.--
    ``(A) In general.--An eligible recipient shall
    submit an application to the Secretary at such time, in
    such manner, and containing such information and
    assurances as the Secretary may require.
    ``(B) Components.--The application shall include, at
    a minimum, a description of the regional innovation
    cluster supported by the proposed activity, including a
    description of--
    ``(i) whether the regional innovation cluster
    is supported by the private sector, State and
    local governments, and other relevant
    stakeholders;
    ``(ii) how the existing participants in the
    regional innovation cluster will encourage and
    solicit participation by all types of entities
    that might benefit from participation, including
    newly formed entities and those rival existing
    participants;
    ``(iii) the extent to which the regional
    innovation cluster is likely to stimulate
    innovation and have a positive impact on regional
    economic growth and development;
    ``(iv) whether the participants in the
    regional innovation cluster have access to, or
    contribute to, a well-trained workforce;
    ``(v) whether the participants in the regional
    innovation cluster are capable of attracting
    additional funds from non-Federal sources; and

    [[Page 4032]]

    ``(vi) the likelihood that the participants in
    the regional innovation cluster will be able to
    sustain activities once grant funds under this
    subsection have been expended.
    ``(C) Special consideration.--The Secretary shall
    give special consideration to applications from regions
    that contain communities negatively impacted by trade.
    ``(5) Special consideration.--The Secretary shall give
    special consideration to an eligible recipient who agrees to
    collaborate with local workforce investment area boards.
    ``(6) Cost share.--The Secretary may not provide more than
    50 percent of the total cost of any activity funded under this
    subsection.
    ``(7) Use and application of research and information
    program.--To the maximum extent practicable, the Secretary shall
    ensure that activities funded under this subsection use and
    apply any relevant research, best practices, and metrics
    developed under the program established in subsection (c).

    ``(c) Science and Research Park Development Grants.--
    ``(1) In general.--As part of the program established under
    subsection (a), the Secretary may award grants for the
    development of feasibility studies and plans for the
    construction of new science parks or the renovation or expansion
    of existing science parks.
    ``(2) Limitation on amount of grants.--The amount of a grant
    awarded under this subsection may not exceed $750,000.
    ``(3) Award.--
    ``(A) Competition required.--The Secretary shall
    award grants under this subsection pursuant to a full
    and open competition.
    ``(B) Geographic dispersion.--In conducting a
    competitive process, the Secretary shall consider the
    need to avoid undue geographic concentration among any
    one category of States based on their predominant rural
    or urban character as indicated by population density.
    ``(C) <>  Selection criteria.--
    The Secretary shall publish the criteria to be utilized
    in any competition for the selection of recipients of
    grants under this subsection, which shall include
    requirements relating to the--
    ``(i) effect the science park will have on
    regional economic growth and development;
    ``(ii) number of jobs to be created at the
    science park and the surrounding regional
    community each year during its first 3 years;
    ``(iii) funding to be required to construct,
    renovate or expand the science park during its
    first 3 years;
    ``(iv) amount and type of financing and access
    to capital available to the applicant;
    ``(v) types of businesses and research
    entities expected in the science park and
    surrounding regional community;
    ``(vi) letters of intent by businesses and
    research entities to locate in the science park;
    ``(vii) capability to attract a well trained
    workforce to the science park;

    [[Page 4033]]

    ``(viii) the management of the science park
    during its first 5 years;
    ``(ix) expected financial risks in the
    construction and operation of the science park and
    the risk mitigation strategy;
    ``(x) physical infrastructure available to the
    science park, including roads, utilities, and
    telecommunications;
    ``(xi) utilization of energy-efficient
    building technology including nationally
    recognized green building design practices,
    renewable energy, cogeneration, and other methods
    that increase energy efficiency and conservation;
    ``(xii) consideration to the transformation of
    military bases affected by the base realignment
    and closure process or the redevelopment of
    existing buildings, structures, or brownfield
    sites that are abandoned, idled, or underused into
    single or multiple building facilities for science
    and technology companies and institutions;
    ``(xiii) ability to collaborate with other
    science parks throughout the world;
    ``(xiv) consideration of sustainable
    development practices and the quality of life at
    the science park; and
    ``(xv) other such criteria as the Secretary
    shall prescribe.
    ``(4) <>  Allocation constraints.--The
    Secretary may not allocate less than one-third of the total
    grant funding allocated under this section for any fiscal year
    to grants under subsection (b) or this subsection without
    written notification to the Senate Committee on Commerce,
    Science, and Transportation and the House of Representatives
    Committees on Science and Technology and on Energy and Commerce.

    ``(d) Loan Guarantees for Science Park Infrastructure.--
    ``(1) In general.--Subject to paragraph (2), the Secretary
    may guarantee up to 80 percent of the loan amount for projects
    for the construction or expansion, including renovation and
    modernization, of science park infrastructure.
    ``(2) Limitations on guarantee amounts.--The maximum amount
    of loan principal guaranteed under this subsection may not
    exceed--
    ``(A) $50,000,000 with respect to any single
    project; and
    ``(B) $300,000,000 with respect to all
    projects.
    ``(3) Selection of guarantee recipients.--The Secretary
    shall select recipients of loan guarantees under this subsection
    based upon the ability of the recipient to collateralize the
    loan amount through bonds, equity, property, and such other
    things of values as the Secretary shall deem necessary.
    Recipients of grants under subsection (c) are not eligible for a
    loan guarantee during the period of the grant. To the extent
    that the Secretary determines it to be feasible, the Secretary
    may select recipients of guarantee assistance in accord with a
    competitive process that takes into account the factors set out
    in subsection (c)(3)(C) of this section.

    [[Page 4034]]

    ``(4) Terms and conditions for loan guarantees.--The loans
    guaranteed under this subsection shall be subject to such terms
    and conditions as the Secretary may prescribe, except that--
    ``(A) the final maturity of such loans made or
    guaranteed may not exceed the lesser of--
    ``(i) 30 years; or
    ``(ii) 90 percent of the useful life of any
    physical asset to be financed by the loan;
    ``(B) a loan guaranteed under this subsection may
    not be subordinated to another debt contracted by the
    borrower or to any other claims against the borrowers in
    the case of default;
    ``(C) a loan may not be guaranteed under this
    subsection unless the Secretary determines that the
    lender is responsible and that provision is made for
    servicing the loan on reasonable terms and in a manner
    that adequately protects the financial interest of the
    United States;
    ``(D) a loan may not be guaranteed under this
    subsection if--
    ``(i) the income from the loan is excluded
    from gross income for purposes of chapter 1 of the
    Internal Revenue Code of 1986; or
    ``(ii) the guarantee provides significant
    collateral or security, as determined by the
    Secretary in coordination with the Secretary of
    the Treasury, for other obligations the income
    from which is so excluded;
    ``(E) any guarantee provided under this subsection
    shall be conclusive evidence that--
    ``(i) the guarantee has been properly
    obtained;
    ``(ii) the underlying loan qualified for the
    guarantee; and
    ``(iii) absent fraud or material
    misrepresentation by the holder, the guarantee is
    presumed to be valid, legal, and enforceable;
    ``(F) the Secretary may not extend credit assistance
    unless the Secretary has determined that there is a
    reasonable assurance of repayment; and
    ``(G) new loan guarantees may not be committed
    except to the extent that appropriations of budget
    authority to cover their costs are made in advance, as
    required under section 504 of the Federal Credit Reform
    Act of 1990 (2 U.S.C. 661c).
    ``(5) Payment of losses.--
    ``(A) In general.--If, as a result of a default by a
    borrower under a loan guaranteed under this subsection,
    after the holder has made such further collection
    efforts and instituted such enforcement proceedings as
    the Secretary may require, the Secretary determines that
    the holder has suffered a loss, the Secretary shall pay
    to the holder the percentage of the loss specified in
    the guarantee contract. Upon making any such payment,
    the Secretary shall be subrogated to all the rights of
    the recipient of the payment. The Secretary shall be
    entitled to recover from the borrower the amount of any
    payments made pursuant to any guarantee entered into
    under this section.

    [[Page 4035]]

    ``(B) Enforcement of rights.--The Attorney General
    shall take such action as may be appropriate to enforce
    any right accruing to the United States as a result of
    the issuance of any guarantee under this section.
    ``(C) Forbearance.--Nothing in this section may be
    construed to preclude any forbearance for the benefit of
    the borrower which may be agreed upon by the parties to
    the guaranteed loan and approved by the Secretary, if
    budget authority for any resulting subsidy costs (as
    defined in section 502(5) of the Federal Credit Reform
    Act of 1990) is available.
    ``(6) Evaluation of credit risk.--
    ``(A) The Secretary shall periodically assess the
    credit risk of new and existing direct loans or
    guaranteed loans.
    ``(B) <>  Not later than 2 years
    after the date of the enactment of the America COMPETES
    Reauthorization Act of 2010, the Comptroller General of
    the United States shall--
    ``(i) conduct a review of the subsidy
    estimates for the loan guarantees under this
    section; and
    ``(ii) <>  submit to Congress
    a report on the review conducted under this
    paragraph.
    ``(7) Termination.--A loan may not be guaranteed under this
    section after September 30, 2013.
    ``(8) Authorization of appropriations.--There are authorized
    to be appropriated $7,000,000 for each of fiscal years 2011
    through 2013 for the cost (as defined in section 502(5) of the
    Federal Credit Reform Act of 1990) of guaranteeing $300,000,000
    in loans under this section, such sums to remain available until
    expended.

    ``(e) Regional Innovation Research and Information Program.--
    ``(1) In general.--As part of the program established under
    subsection (a), the Secretary shall establish a regional
    innovation research and information program--
    ``(A) to gather, analyze, and disseminate
    information on best practices for regional innovation
    strategies (including regional innovation clusters),
    including information relating to how innovation,
    productivity, and economic development can be maximized
    through such strategies;
    ``(B) to provide technical assistance, including
    through the development of technical assistance guides,
    for the development and implementation of regional
    innovation strategies (including regional innovation
    clusters);
    ``(C) to support the development of relevant metrics
    and measurement standards to evaluate regional
    innovation strategies (including regional innovation
    clusters), including the extent to which such strategies
    stimulate innovation, productivity, and economic
    development; and
    ``(D) to collect and make available data on regional
    innovation cluster activity in the United States,
    including data on--
    ``(i) the size, specialization, and
    competitiveness of regional innovation clusters;
    ``(ii) the regional domestic product
    contribution, total jobs and earnings by key
    occupations, establishment size, nature of
    specialization, patents, Federal

    [[Page 4036]]

    research and development spending, and other
    relevant information for regional innovation
    clusters; and
    ``(iii) supply chain product and service flows
    within and between regional innovation clusters.
    ``(2) Research grants.--The Secretary may award research
    grants on a competitive basis to support and further the goals
    of the program established under this subsection.
    ``(3) Dissemination of information.--Data and analysis
    compiled by the Secretary under the program established in this
    subsection shall be made available to other Federal agencies,
    State and local governments, and nonprofit and for-profit
    entities.
    ``(4) Regional innovation grant program.--The Secretary
    shall incorporate data and analysis relating to any grant under
    subsection (b) or (c) and any loan guarantee under subsection
    (d) into the program established under this subsection.

    ``(f) Interagency Coordination.--
    ``(1) In general.--To the maximum extent practicable, the
    Secretary shall ensure that the activities carried out under
    this section are coordinated with, and do not duplicate the
    efforts of, other programs at the Department of Commerce or
    other Federal agencies.
    ``(2) Collaboration.--
    ``(A) In general.--The Secretary shall explore and
    pursue collaboration with other Federal agencies,
    including through multiagency funding opportunities, on
    regional innovation strategies.
    ``(B) Small businesses.--The Secretary shall ensure
    that such collaboration with Federal agencies
    prioritizes the needs and challenges of small
    businesses.

    ``(g) Evaluation.--
    ``(1) <>  In general.--Not later
    than 3 years after the date of enactment of the America COMPETES
    Reauthorization Act of 2010, the Secretary shall enter into a
    contract with an independent entity, such as the National
    Academy of Sciences, to conduct an evaluation of the program
    established under subsection (a).
    ``(2) Requirements.--The evaluation shall include--
    ``(A) whether the program is achieving its goals;
    ``(B) any recommendations for how the program may be
    improved; and
    ``(C) a recommendation as to whether the program
    should be continued or terminated.

    ``(h) Definitions.--In this section:
    ``(1) Regional innovation cluster.--The term `regional
    innovation cluster' means a geographically bounded network of
    similar, synergistic, or complementary entities that--
    ``(A) are engaged in or with a particular industry
    sector;
    ``(B) have active channels for business transactions
    and communication;
    ``(C) share specialized infrastructure, labor
    markets, and services; and
    ``(D) leverage the region's unique competitive
    strengths to stimulate innovation and create jobs.
    ``(2) Science park.--The term `Science park' means a
    property-based venture, which has--

    [[Page 4037]]

    ``(A) master-planned property and buildings designed
    primarily for private-public research and development
    activities, high technology and science-based companies,
    and research and development support services;
    ``(B) a contractual or operational relationship with
    one or more science- or research-related institution of
    higher education or governmental or non-profit research
    laboratories;
    ``(C) a primary mission to promote research and
    development through industry partnerships, assisting in
    the growth of new ventures and promoting innovation-
    driven economic development;
    ``(D) a role in facilitating the transfer of
    technology and business skills between researchers and
    industry teams; and
    ``(E) a role in promoting technology-led economic
    development for the community or region in which the
    science park is located.A science park may be owned by a
    governmental or not-for-profit entity, but it may enter
    into partnerships or joint ventures with for-profit
    entities for development or management of specific
    components of the park.
    ``(3) State.--The term `State' means one of the several
    States, the District of Columbia, the Commonwealth of Puerto
    Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth
    of the Northern Mariana Islands, or any other territory or
    possession of the United States.

    ``(i) Authorization of Appropriations.--Except as provided in
    subsection (d)(8), there are authorized to be appropriated $100,000,000
    for each of fiscal years 2011 through 2013 to carry out this section
    (other than for loan guarantees under subsection (d)).''.

    SEC. 604. <>  STUDY ON ECONOMIC COMPETITIVENESS
    AND INNOVATIVE CAPACITY OF UNITED STATES AND DEVELOPMENT OF
    NATIONAL ECONOMIC COMPETITIVENESS STRATEGY.

    (a) Study.--
    (1) <>  In general.--Not later than 1 year
    after the date of the enactment of this Act, the Secretary of
    Commerce shall complete a comprehensive study of the economic
    competitiveness and innovative capacity of the United States.
    (2) Matters covered.--The study required by paragraph (1)
    shall include the following:
    (A) An analysis of the United States economy and
    innovation infrastructure.
    (B) An assessment of the following:
    (i) The current competitive and innovation
    performance of the United States economy relative
    to other countries that compete economically with
    the United States.
    (ii) Economic competitiveness and domestic
    innovation in the current business climate,
    including tax and Federal regulatory policy.
    (iii) The business climate of the United
    States and those of other countries that compete
    economically with the United States.

    [[Page 4038]]

    (iv) Regional issues that influence the
    economic competitiveness and innovation capacity
    of the United States, including--
    (I) the roles of State and local
    governments and institutions of higher
    education; and
    (II) regional factors that
    contribute positively to innovation.
    (v) The effectiveness of the Federal
    Government in supporting and promoting economic
    competitiveness and innovation, including any
    duplicative efforts of, or gaps in coverage
    between, Federal agencies and departments.
    (vi) Barriers to competitiveness in newly
    emerging business or technology sectors, factors
    influencing underperforming economic sectors,
    unique issues facing small and medium enterprises,
    and barriers to the development and evolution of
    start-ups, firms, and industries.
    (vii) The effects of domestic and
    international trade policy on the competitiveness
    of the United States and the United States
    economy.
    (viii) United States export promotion and
    export finance programs relative to export
    promotion and export finance programs of other
    countries that compete economically with the
    United States, including Canada, France, Germany,
    Italy, Japan, Korea, and the United Kingdom, with
    noting of export promotion and export finance
    programs carried out by such countries that are
    not analogous to any programs carried out by the
    United States.
    (ix) The effectiveness of current policies and
    programs affecting exports, including an
    assessment of Federal trade restrictions and State
    and Federal export promotion activities.
    (x) The effectiveness of the Federal
    Government and Federally funded research and
    development centers in supporting and promoting
    technology commercialization and technology
    transfer.
    (xi) Domestic and international intellectual
    property policies and practices.
    (xii) Manufacturing capacity, logistics, and
    supply chain dynamics of major export sectors,
    including access to a skilled workforce, physical
    infrastructure, and broadband network
    infrastructure.
    (xiii) Federal and State policies relating to
    science, technology, and education and other
    relevant Federal and State policies designed to
    promote commercial innovation, including
    immigration policies.
    (C) Development of recommendations on the following:
    (i) How the United States should invest in
    human capital.
    (ii) How the United States should facilitate
    entrepreneurship and innovation.
    (iii) How best to develop opportunities for
    locally and regionally driven innovation by
    providing Federal support.

    [[Page 4039]]

    (iv) How best to strengthen the economic
    infrastructure and industrial base of the United
    States.
    (v) How to improve the international
    competitiveness of the United States.
    (3) Consultation.--
    (A) In general.--The study required by paragraph (1)
    shall be conducted in consultation with the National
    Economic Council of the Office of Policy Development,
    such Federal agencies as the Secretary considers
    appropriate, and the Innovation Advisory Board
    established under subparagraph (B). <>  The Secretary shall also establish a process
    for obtaining comments from the public.
    (B) Innovation advisory board.--
    (i) <>  In general.--The
    Secretary shall establish an Innovation Advisory
    Board for purposes of obtaining advice with
    respect to the conduct of the study required by
    paragraph (1).
    (ii) Composition.--The Advisory Board
    established under clause (i) shall be comprised of
    15 members, appointed by the Secretary--
    (I) who shall represent all major
    industry sectors;
    (II) a majority of whom should be
    from private industry, including large
    and small firms, representing advanced
    technology sectors and more traditional
    sectors that use technology; and
    (III) who may include economic or
    innovation policy experts, State and
    local government officials active in
    technology-based economic development,
    and representatives from higher
    education.
    (iii) Exemption from faca.--The Federal
    Advisory Committee Act (5 U.S.C. App.) shall not
    apply to the advisory board established under
    clause (i).

    (b) Strategy.--
    (1) <>  In general.--Not later than 1 year
    after the completion of the study required by subsection (a),
    the Secretary shall develop, based on the study required by
    subsection (a)(1), a national 10-year strategy to strengthen the
    innovative and competitive capacity of the Federal Government,
    State and local governments, United States institutions of
    higher education, and the private sector of the United States.
    (2) Elements.--The strategy required by paragraph (1) shall
    include the following:
    (A) Actions to be taken by individual Federal
    agencies and departments to improve competitiveness.
    (B) Proposed legislative actions for consideration
    by Congress.
    (C) Annual goals and milestones for the 10-year
    period of the strategy.
    (D) A plan for monitoring the progress of the
    Federal Government with respect to improving conditions
    for innovation and the competitiveness of the United
    States.

    (c) Report.--
    (1) In general.--Upon the completion of the strategy
    required by subsection (b), the Secretary of Commerce shall
    submit to Congress and the President a report on the study

    [[Page 4040]]

    conducted under subsection (a) and the strategy developed under
    subsection (b).
    (2) Elements.--The report required by paragraph (1) shall
    include the following:
    (A) The findings of the Secretary with respect to
    the study conducted under subsection (a).
    (B) The strategy required by subsection (b).

    SEC. 605. <>  PROMOTING USE OF HIGH-END
    COMPUTING SIMULATION AND MODELING BY SMALL- AND MEDIUM-SIZED
    MANUFACTURERS.

    (a) Findings.--Congress finds that--
    (1) the utilization of high-end computing simulation and
    modeling by large-scale government contractors and Federal
    research entities has resulted in substantial improvements in
    the development of advanced manufacturing technologies; and
    (2) such simulation and modeling would also benefit small-
    and medium-sized manufacturers in the United States if such
    manufacturers were to deploy such simulation and modeling
    throughout their manufacturing chains.

    (b) Policy.--It is the policy of the United States to take all
    effective measures practicable to ensure that Federal programs and
    policies encourage and contribute to the use of high-end computing
    simulation and modeling in the United States manufacturing sector.
    (c) Study.--
    (1) <>  In general.--Not later than 30 days
    after the date of the enactment of this Act, the Secretary of
    Commerce, in consultation with the Secretary of Energy and the
    Director of the Office of Science and Technology Policy, shall
    carry out, through an interagency consulting process, a study of
    the barriers to the use of high-end computing simulation and
    modeling by small- and medium-sized manufacturers in the United
    States.
    (2) Factors.--In carrying out the study required by
    paragraph (1), the Secretary of Commerce, in consultation with
    the Secretary of Energy and the Director of the Office of
    Science and Technology Policy, shall consider the following:
    (A) The access of small- and medium-sized
    manufacturers in the United States to high-performance
    computing facilities and resources.
    (B) The availability of software and other
    applications tailored to meet the needs of such
    manufacturers.
    (C) Whether such manufacturers employ or have access
    to individuals with appropriate expertise for the use of
    such facilities and resources.
    (D) Whether such manufacturers have access to
    training to develop such expertise.
    (E) The availability of tools and other methods to
    such manufacturers to understand and manage the costs
    and risks associated with transitioning to the use of
    such facilities and resources.
    (3) Report.--Not later than 270 days after the commencement
    of the study required by paragraph (1), the Secretary of
    Commerce shall, in consultation with the Secretary of Energy and
    the Director of the Office of Science and Technology Policy,
    submit to Congress a report on such study. Such report shall

    [[Page 4041]]

    include such recommendations for such legislative or
    administrative action as the Secretary of Commerce considers
    appropriate in light of the study to increase the utilization of
    high-end computing simulation and modeling by small- and medium-
    sized manufacturers in the United States.

    (d) Authorization of Demonstration and Pilot Programs.--As part of
    the study required by subsection (c)(1), the Secretary of Commerce, the
    Secretary of Energy, and the Director of the Office of Science and
    Technology Policy may carry out such demonstration or pilot programs as
    either Secretary or the Director considers appropriate to gather
    experiential data to evaluate the feasibility and advisability of a
    specific program or policy initiative to reduce barriers to the
    utilization of high-end computer modeling and simulation by small- and
    medium-sized manufacturers in the United States.

    TITLE VII--NIST GREEN <>  JOBS

    SEC. 701. SHORT TITLE.

    This title may be cited as the ``NIST Grants for Energy Efficiency,
    New Job Opportunities, and Business Solutions Act of 2010'' or the
    ``NIST GREEN JOBS Act of 2010''.

    SEC. 702. <>  FINDINGS.

    Congress finds the following:
    (1) Over its 20-year existence, the Hollings Manufacturing
    Extension Partnership has proven its value to manufacturers as
    demonstrated by the resulting impact on jobs and the economies
    of all 50 States and the Nation as a whole.
    (2) The Hollings Manufacturing Extension Partnership has
    helped thousands of companies reinvest in themselves through
    process improvement and business growth initiatives leading to
    more sales, new markets, and the adoption of technology to
    deliver new products and services.
    (3) Manufacturing is an increasingly important part of the
    construction sector as the industry moves to the use of more
    components and factory built sub-assemblies.
    (4) Construction practices must become more efficient and
    precise if the United States is to construct and renovate its
    building stock to reduce related carbon emissions to levels that
    are consistent with combating global warming.
    (5) Many companies involved in construction are small,
    without access to innovative manufacturing techniques, and could
    benefit from the type of training and business analysis
    activities that the Hollings Manufacturing Extension Partnership
    routinely provides to the Nation's manufacturers and their
    supply chains.
    (6) Broadening the competitiveness grant program under
    section 25(f) of the National Institute of Standards and
    Technology Act (15 U.S.C. 278k(f)) could help develop and
    diffuse knowledge necessary to capture a large portion of the
    estimated $100 billion or more in energy savings if buildings in
    the United States met the level and quality of energy efficiency
    now found in buildings in certain other countries.

    [[Page 4042]]

    (7) It is therefore in the national interest to expand the
    capabilities of the Hollings Manufacturing Extension Partnership
    to be supportive of the construction and green energy
    industries.

    SEC. 703. NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY COMPETITIVE
    GRANT PROGRAM.

    (a) In General.--Section 25(f)(3) of the National Institute of
    Standards and Technology Act (15 U.S.C. 278k(f)(3)) is amended--
    (1) by striking ``to develop'' in the first sentence and
    inserting ``to add capabilities to the MEP program, including
    the development of''; and
    (2) by striking the last sentence and inserting ``Centers
    may be reimbursed for costs incurred under the program. These
    themes--
    ``(A) shall be related to projects designed to
    increase the viability both of traditional manufacturing
    sectors and other sectors, such as construction, that
    increasingly rely on manufacturing through the use of
    manufactured components and manufacturing techniques,
    including supply chain integration and quality
    management;
    ``(B) shall be related to projects related to the
    transfer of technology based on the technological needs
    of manufacturers and available technologies from
    institutions of higher education, laboratories, and
    other technology producing entities; and
    ``(C) may extend beyond these traditional areas to
    include projects related to construction industry
    modernization.''.

    (b) Selection.--Section 25(f)(5) of the National Institute of
    Standards and Technology Act (15 U.S.C. 278k(f)(5)) is amended to read
    as follows:
    ``(5) Selection.--
    ``(A) In general.--Awards under this section shall
    be peer reviewed and competitively awarded. The Director
    shall endeavor to select at least one proposal in each
    of the 9 statistical divisions of the United States (as
    designated by the Bureau of the Census). The Director
    shall select proposals to receive awards that will--
    ``(i) create jobs or train newly hired
    employees;
    ``(ii) promote technology transfer and
    commercialization of environmentally focused
    materials, products, and processes;
    ``(iii) increase energy efficiency; and
    ``(iv) improve the competitiveness of
    industries in the region in which the Center or
    Centers are located.
    ``(B) Additional selection criteria.--The Director
    may select proposals to receive awards that will--
    ``(i) encourage greater cooperation and foster
    partnerships in the region with similar Federal,
    State, and locally funded programs to encourage
    energy efficiency and building technology; and
    ``(ii) collect data and analyze the increasing
    connection between manufactured products and
    manufacturing techniques, the future of construction
    practices, and the emerging application of products from
    the green energy industries.''.

    [[Page 4043]]

    (c) Other Modifications.--Section 25(f) of the National Institute of
    Standards and Technology Act (15 U.S.C. 278k(f)) is amended--
    (1) by adding at the end the following:
    ``(7) Duration.--Awards under this section shall last no
    longer than 3 years.
    ``(8) Eligible participants.--In addition to manufacturing
    firms eligible to participate in the Centers program, awards
    under this subsection may be used by the Centers to assist
    small- or medium-sized construction firms. Centers may be
    reimbursed under the program for working with such eligible
    participants.
    ``(9) Authorization of appropriations.--In addition to any
    amounts otherwise authorized or appropriated to carry out this
    section, there are authorized to be appropriated to the
    Secretary of Commerce $7,000,000 for each of the fiscal years
    2011 through 2013 to carry out this subsection.''.

    TITLE VIII--GENERAL PROVISIONS

    SEC. 801. GOVERNMENT ACCOUNTABILITY OFFICE REVIEW.

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

    SEC. 802. SALARY RESTRICTIONS.

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

    SEC. 803. ADDITIONAL RESEARCH AUTHORITIES OF THE FCC.

    Title I of the Communications Act of 1934 (47 U.S.C. 151 et seq.) is
    amended by adding at the end the following:

    ``SEC. 12. <>  ADDITIONAL RESEARCH AUTHORITIES OF THE
    FCC.

    ``In order to carry out the purposes of this Act, the Commission
    may--
    ``(1) undertake research and development work in connection
    with any matter in relation to which the Commission has
    jurisdiction; and
    ``(2) promote the carrying out of such research and
    development by others, or otherwise to arrange for such research
    and development to be carried out by others.''.

    [[Page 4044]]

    TITLE IX--DEPARTMENT OF ENERGY

    SEC. 901. SCIENCE, ENGINEERING, AND MATHEMATICS EDUCATION PROGRAMS.

    (a) In General.--Sections 3171, 3175, and 3191 of the Department of
    Energy Science Education Enhancement Act (42 U.S.C. 7381h, 7381j, 7381p)
    are repealed.
    (b) Authorization of Appropriations for Summer Institutes.--Section
    3185(f) of the Department of Energy Science Education Enhancement Act
    (42 U.S.C. 7381n(f)) is amended--
    (1) in paragraph (2), by striking ``and'' at the end;
    (2) in paragraph (3), by striking the period at the end and
    inserting ``; and''; and
    (3) by adding at the end the following:
    ``(4) $25,000,000 for each of fiscal years 2011 through
    2013.''.

    (c) Conforming Amendments.--
    (1) Subpart B of the Department of Energy Science Education
    Enhancement Act (42 U.S.C. 7381g et seq.) is amended by striking
    chapters 1, 2, and 5 (42 U.S.C. 7381h, 7381j, 7381p).
    (2) Section 3195 of the Department of Energy Science
    Education Enhancement Act (42 U.S.C. 7381r) is amended by
    striking ``chapters 1, 3, and 4'' each place it appears and
    inserting ``chapters 3 and 4''.

    SEC. 902. ENERGY RESEARCH PROGRAMS.

    (a) Nuclear Science Talent Program.--Section 5004(f) of the America
    COMPETES Act (42 U.S.C. 16532(f)) is amended--
    (1) in paragraph (1)--
    (A) in subparagraph (B), by striking ``and'' at the
    end;
    (B) in subparagraph (C), by striking the period at
    the end and inserting a semicolon; and
    (C) by adding at the end the following:
    ``(D) $9,800,000 for fiscal year 2011;
    ``(E) $10,100,000 for fiscal year 2012; and
    ``(F) $10,400,000 for fiscal year 2013.''; and
    (2) in paragraph (2)--
    (A) in subparagraph (B), by striking ``and'' at the
    end;
    (B) in subparagraph (C), by striking the period at
    the end and inserting a semicolon; and
    (C) by adding at the end the following:
    ``(D) $8,240,000 for fiscal year 2011;
    ``(E) $8,500,000 for fiscal year 2012; and
    ``(F) $8,750,000 for fiscal year 2013.''.

    (b) Hydrocarbon Systems Science Talent Program.--Section 5005 of the
    America COMPETES Act (42 U.S.C. 16533) is amended--
    (1) in subsection (b)(2)--
    (A) in subparagraph (H), by striking ``and'' at the
    end;
    (B) in subparagraph (I), by striking the period at
    the end and inserting ``; and''; and
    (C) by adding at the end the following:
    ``(J) hydrocarbon spill response and remediation.'';
    and
    (2) in subsection (f)(1)--
    (A) in subparagraph (B), by striking ``and'';

    [[Page 4045]]

    (B) in subparagraph (C), by striking the period at
    the end and inserting a semicolon; and
    (C) by adding at the end the following:
    ``(D) $9,800,000 for fiscal year 2011;
    ``(E) $10,000,000 for fiscal year 2012; and
    ``(F) $10,400,000 for fiscal year 2013.''.

    (c) Early Career Awards.--Section 5006(h) of the America COMPETES
    Act (42 U.S.C. 16534(h)) is amended by striking ``2010'' and inserting
    ``2013''.
    (d) Protecting America's Competitive Edge (PACE) Graduate Fellowship
    Program.--Section 5009(f) of the America COMPETES Act (42 U.S.C.
    16536(f)) is amended--
    (1) in paragraph (2), by striking ``and'' at the end;
    (2) in paragraph (3), by striking the period at the end and
    inserting a semicolon; and
    (3) by adding at the end the following:
    ``(4) $20,600,000 for fiscal year 2011;
    ``(5) $21,200,000 for fiscal year 2012; and
    ``(6) $21,900,000 for fiscal year 2013.''.

    (e) Distinguished Scientist Program.--Section 5011(j) of the America
    COMPETES Act (42 U.S.C. 16537(j)) is amended--
    (1) in paragraph (2), by striking ``and'' at the end;
    (2) in paragraph (3), by striking the period at the end and
    inserting a semicolon; and
    (3) by adding at the end the following:
    ``(4) $31,000,000 for fiscal year 2011;
    ``(5) $32,000,000 for fiscal year 2012; and
    ``(6) $33,000,000 for fiscal year 2013.''.

    SEC. 903. BASIC RESEARCH.

    Section 971(b) of the Energy Policy Act of 2005 (42 U.S.C. 16311(b))
    is amended--
    (1) in paragraph (3), by striking ``and'' at the end;
    (2) in paragraph (4), by striking the period at the end and
    inserting a semicolon; and
    (3) by adding at the end the following:
    ``(5) $5,247,000,000 for fiscal year 2011;
    ``(6) $5,614,000,000 for fiscal year 2012; and
    ``(7) $6,007,000,000 for fiscal year 2013.''.

    SEC. 904. ADVANCED RESEARCH PROJECTS AGENCY-ENERGY.

    Section 5012 of the America COMPETES Act (42 U.S.C. 16538) is
    amended--
    (1) in subsection (a)(3), by striking ``subsection (m)(1)''
    and inserting ``subsection (n)(1)'';
    (2) in subsection (c)(2)(A), by inserting ``and applied''
    after ``advances in fundamental'';
    (3) in subsection (e)--
    (A) in paragraph (3)--
    (i) by striking subparagraph (C) and inserting
    the following:
    ``(C) research and development of advanced
    manufacturing process and technologies for the domestic
    manufacturing of novel energy technologies; and''; and
    (ii) in subparagraph (D), by striking ``and''
    after the semicolon at the end;
    (B) in paragraph (4), by striking the period at the
    end and inserting ``; and''; and

    [[Page 4046]]

    (C) by adding at the end the following:
    ``(5) pursuant to subsection (c)(2)(C)--
    ``(A) ensuring that applications for funding
    disclose the extent of current and prior efforts,
    including monetary investments as appropriate, in
    pursuit of the technology area for which funding is
    being requested;
    ``(B) adopting measures to ensure that, in making
    awards, program managers adhere to the purposes of
    subsection (c)(2)(C); and
    ``(C) providing as part of the annual report
    required by subsection (h)(1) a summary of the instances
    of and reasons for ARPA-E funding projects in technology
    areas already being undertaken by industry.'';
    (4) by redesignating subsections (f) through (m) as
    subsections (g) through (n), respectively;
    (5) by inserting after subsection (e) the following:

    ``(f) Awards.--In carrying out this section, the Director may
    provide awards in the form of grants, contracts, cooperative agreements,
    cash prizes, and other transactions.'';
    (6) in subsection (g) (as redesignated by paragraph (4))--
    (A) by redesignating paragraphs (1) and (2) as
    paragraphs (2) and (3), respectively;
    (B) by inserting before paragraph (2) (as
    redesignated by subparagraph (A)) the following:
    ``(1) In general.--The Director shall establish and maintain
    within ARPA-E a staff with sufficient qualifications and
    expertise to enable ARPA-E to carry out the responsibilities of
    ARPA-E under this section in conjunction with other operations
    of the Department.'';
    (C) in paragraph (2) (as redesignated by
    subparagraph (A))--
    (i) in the paragraph heading, by striking
    ``Program managers'' and inserting ``Program
    directors'';
    (ii) in subparagraph (A), by striking
    ``program managers for each of'' and inserting
    ``program directors for'';
    (iii) in subparagraph (B)--
    (I) in the matter preceding clause
    (i), by striking ``program manager'' and
    inserting ``program director'';
    (II) in clause (iv), by striking ``,
    with advice under subsection (j) as
    appropriate,'';
    (III) by redesignating clauses (v)
    and (vi) as clauses (vi) and (viii),
    respectively;
    (IV) by inserting after clause (iv)
    the following:
    ``(v) identifying innovative cost-sharing
    arrangements for ARPA-E projects, including
    through use of the authority provided under
    section 988(b)(3) of the Energy Policy Act of 2005
    (42 U.S.C. 16352(b)(3));'';
    (V) in clause (vi) (as redesignated
    by subclause (III)), by striking ``;
    and'' and inserting a semicolon; and
    (VI) by inserting after clause (vi)
    (as redesignated by subclause (III)) the
    following:

    [[Page 4047]]

    ``(vii) identifying mechanisms for commercial
    application of successful energy technology
    development projects, including through
    establishment of partnerships between awardees and
    commercial entities; and'';
    (iv) in subparagraph (C), by inserting ``not
    more than'' after ``shall be''; and
    (D) in paragraph (3) (as redesignated by
    subparagraph (A))--
    (i) in subparagraph (A)--
    (I) in clause (i), by striking
    ``and'' after the semicolon at the end;
    and
    (II) by striking clause (ii) and
    inserting the following:
    ``(ii) fix the basic pay of such personnel at
    a rate to be determined by the Director at rates
    not in excess of Level II of the Executive
    Schedule (EX-II) without regard to the civil
    service laws; and
    ``(iii) pay any employee appointed under this
    subpart payments in addition to basic pay, except
    that the total amount of additional payments paid
    to an employee under this subpart for any 12-month
    period shall not exceed the least of the following
    amounts:
    ``(I) $25,000.
    ``(II) The amount equal to 25
    percent of the annual rate of basic pay
    of the employee.
    ``(III) The amount of the limitation
    that is applicable for a calendar year
    under section 5307(a)(1) of title 5,
    United States Code.'';
    (ii) in subparagraph (B), by striking ``not
    less than 70, and not more than 120,'' and
    inserting ``not more than 120'';
    (7) in subsection (h)(2) (as redesignated by paragraph
    (4))--
    (A) by striking ``2008'' and inserting ``2010''; and
    (B) by striking ``2011'' and inserting''2013'';
    (8) by striking subsection (j) (as redesignated by paragraph
    (4)) and inserting the following:

    ``(j) Federal Demonstration of Technologies.--The Director shall
    seek opportunities to partner with purchasing and procurement programs
    of Federal agencies to demonstrate energy technologies resulting from
    activities funded through ARPA-E.'';
    (9) in subsection (l) (as redesignated by paragraph (4))--
    (A) in paragraph (1), by striking ``4 years'' and
    inserting'' 6 years''; and
    (B) in paragraph (2)(B), by inserting ``, and the
    manner in which those lessons may apply to the operation
    of other programs of the Department'' after ``ARPA-E'';
    and
    (10) in subsection (n) (as redesignated by paragraph (4))--
    (A) in paragraph (2)--
    (i) in subparagraph (A), by striking ``and''
    after the semicolon at the end;
    (ii) in subparagraph (B), by striking the
    period at the end and inserting a semicolon; and
    (iii) by adding at the end the following:
    ``(C) $300,000,000 for fiscal year 2011;
    ``(D) $306,000,000 for fiscal year 2012; and
    ``(E) $312,000,000 for fiscal year 2013.'';

    [[Page 4048]]

    (B) by striking paragraph (4);
    (C) by redesignating paragraph (5) as paragraph (4);
    and
    (D) in paragraph (4)(B) (as redesignated by
    subparagraph (C))--
    (i) by striking ``2.5 percent'' and inserting
    ``5 percent''; and
    (ii) by inserting ``, consistent with the goal
    described in subsection (c)(2)(D) and within the
    responsibilities of program directors described in
    subsection (g)(2)(B)(vii)'' after ``outreach
    activities''.

    TITLE X--EDUCATION

    SEC. 1001. REFERENCES.

    Except as otherwise expressly provided, wherever in this title an
    amendment or repeal is expressed in terms of an amendment to, or repeal
    of, a section or other provision, the reference shall be considered to
    be made to a section or other provision of the America COMPETES Act
    (Public Law 110-69).

    SEC. 1002. REPEALS AND CONFORMING AMENDMENTS.

    (a) Repeals.--The following provisions of the Act are repealed:
    (1) Section 6001 (20 U.S.C. 9801).
    (2) Part III of subtitle A of title VI (20 U.S.C. 9841).
    (3) <>  Subtitle B of title VI (20 U.S.C. 9851 et seq.)
    (4) Subtitle C of title VI (20 U.S.C. 9861 et seq.).
    (5) Subtitle E of title VI (20 U.S.C. 9881 et seq.).

    (b) Conforming Amendments.--The Act is amended--
    (1) by redesignating section 6002 (20 U.S.C. 9802) as
    section 6001;
    (2) by redesignating subtitle D of title VI (20 U.S.C. 9871)
    as subtitle B of title VI; and
    (3) by redesignating section 6401 (20 U.S.C. 9871) as
    section 6201.

    SEC. 1003. AUTHORIZATIONS OF APPROPRIATIONS AND MATCHING REQUIREMENT.

    (a) Teachers for a Competitive Tomorrow.--Section 6116 (20 U.S.C.
    9816) is amended to read as follows:

    ``SEC. 6116. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to carry out this part
    $4,000,000 for each of fiscal years 2011 through 2013, of which--
    ``(1) $2,000,000 shall be available to carry out section
    6113 for each of fiscal years 2011 through 2013; and
    ``(2) $2,000,000 shall be available to carry out section
    6114 for each of fiscal years 2011 through 2013.''.

    (b) Advanced Placement and International Baccalaureate Programs and
    Matching Requirement.--Section 6123 (20 U.S.C. 9833) is amended--
    (1) in subsection (h)(1)--
    (A) by striking ``100'' and inserting ``50''; and
    (B) by striking ``200'' and inserting ``100''; and
    (2) by striking subsection (l) and inserting the following:

    [[Page 4049]]

    ``(l) Authorization of Appropriations.--There are authorized to be
    appropriated to carry out this section $75,000,000 for each of fiscal
    years 2011 through 2013.''.
    (c) Alignment of Education Programs.--Section 6201(j), as
    redesignated by section 1002(b)(3), <>  is amended
    to read as follows:

    ``(j) Authorization of Appropriations.--There are authorized to be
    appropriated to carry out this section $120,000,000 for each of fiscal
    years 2011 and 2012.''.

    Approved January 4, 2011.

    LEGISLATIVE HISTORY--H.R. 5116:
    ---------------------------------------------------------------------------

    HOUSE REPORTS: No. 111-478, Pt. 1 (Comm. on Science and Technology).
    CONGRESSIONAL RECORD, Vol. 156 (2010):
    May 12, 13, 28, considered and passed House.
    Dec. 17, considered and passed Senate, amended.
    Dec. 21, House concurred in Senate amendment.