Text: H.R.5116 — 111th Congress (2009-2010)All Bill Information (Except Text)

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Public Law No: 111-358 (01/04/2011)

 
[111th Congress Public Law 358]
[From the U.S. Government Printing Office]



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              AMERICA COMPETES REAUTHORIZATION ACT OF 2010

[[Page 124 STAT. 3982]]

Public Law 111-358
111th Congress

                                 An Act


 
To invest in innovation through research and development, to improve the 
          competitiveness of the United States, and for other 
            purposes. <<NOTE: Jan. 4, 2011 -  [H.R. 5116]>> 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) <<NOTE: America COMPETES Reauthorization Act of 2010. 42 USC 
1861 note.>>  Short Title.--this Act may be cited as the ``America 
COMPETES Reauthorization Act of 2010'' or the ``America Creating 
Opportunities to Meaningfully Promote Excellence in Technology, 
Education, and Science Reauthorization Act of 2010''.

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

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

            TITLE I--OFFICE OF SCIENCE AND TECHNOLOGY POLICY

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

         TITLE II--NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

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

       TITLE III--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

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

        TITLE IV--NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

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

[[Page 124 STAT. 3983]]

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

                 SUBTITLE A--NATIONAL SCIENCE FOUNDATION

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

                 SUBTITLE B--STEM-TRAINING GRANT PROGRAM

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

                          TITLE VI--INNOVATION

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

                       TITLE VII--NIST GREEN JOBS

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

                     TITLE VIII--GENERAL PROVISIONS

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

                     TITLE IX--DEPARTMENT OF ENERGY

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

                           TITLE X--EDUCATION

Sec. 1001. References

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

SEC. 2. <<NOTE: 42 USC 6621 note.>>  DEFINITIONS.

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

SEC. 3. BUDGETARY IMPACT STATEMENT.

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

            TITLE I--OFFICE OF SCIENCE AND TECHNOLOGY POLICY

SEC. 101. <<NOTE: 42 USC 6621.>>  COORDINATION OF FEDERAL STEM 
            EDUCATION.

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

[[Page 124 STAT. 3985]]

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

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

SEC. 102. <<NOTE: 42 USC 6622.>>  COORDINATION OF ADVANCED MANUFACTURING 
            RESEARCH AND DEVELOPMENT.

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

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

[[Page 124 STAT. 3986]]

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

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

SEC. 103. <<NOTE: 42 USC 6623.>>  INTERAGENCY PUBLIC ACCESS COMMITTEE.

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

[[Page 124 STAT. 3987]]

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

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

[[Page 124 STAT. 3988]]

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

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

SEC. 104. <<NOTE: 42 USC 6624.>>  FEDERAL SCIENTIFIC COLLECTIONS.

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

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

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

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

[[Page 124 STAT. 3989]]

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

SEC. 105. PRIZE COMPETITIONS.

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

``SEC. 24. <<NOTE: 15 USC 3719.>>  PRIZE COMPETITIONS.

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

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

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

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

[[Page 124 STAT. 3990]]

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

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

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

[[Page 124 STAT. 3991]]

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

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

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

[[Page 124 STAT. 3992]]

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

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

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

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

[[Page 124 STAT. 3993]]

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

    (b) Repeal of Space Act Limitation.--Section 314(a) of the National 
Aeronautics and Space Act of 1958 <<NOTE: 51 USC 20144.>>  (42 U.S.C. 
2459f-1 is amended by striking ``The Administration may carry out a 
program to award prizes only in conformity with this section.''.

         TITLE II--NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

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

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

SEC. 202. <<NOTE: 51 USC 40901 note prec.>>  NASA'S CONTRIBUTION TO 
            EDUCATION.

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

[[Page 124 STAT. 3994]]

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

SEC. 203. <<NOTE: 51 USC 30501 note prec.>>  ASSESSMENT OF IMPEDIMENTS 
            TO SPACE SCIENCE AND ENGINEERING WORKFORCE DEVELOPMENT FOR 
            MINORITY AND UNDERREPRESENTED GROUPS AT NASA.

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

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

SEC. 204. <<NOTE: 51 USC 20303 note.>>  INTERNATIONAL SPACE STATION'S 
            CONTRIBUTION TO NATIONAL COMPETITIVENESS ENHANCEMENT.

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

[[Page 124 STAT. 3995]]

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

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

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

``SEC. 1003. <<NOTE: 42 USC 18421.>>  STUDY OF POTENTIAL COMMERCIAL 
            ORBITAL PLATFORM PROGRAM IMPACT ON SCIENCE, TECHNOLOGY, 
            ENGINEERING, AND MATHEMATICS.

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

[[Page 124 STAT. 3996]]

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

    (c) <<NOTE: 42 USC 18421 note.>>  Effective Date.--The amendment 
made by subsection (a) shall take effect on October 12, 2010.

SEC. 206. <<NOTE: 51 USC 10101 note.>>  DEFINITIONS.

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

       TITLE III--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

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

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

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

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

[[Page 124 STAT. 3997]]

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

SEC. 302. OCEANIC AND ATMOSPHERIC SCIENCE EDUCATION PROGRAMS.

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

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

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

[[Page 124 STAT. 3998]]

SEC. 303. <<NOTE: 33 USC 893c.>>  WORKFORCE STUDY.

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

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

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

[[Page 124 STAT. 3999]]

TITLE IV--NATIONAL INSTITUTE <<NOTE: National Institute of Standards and 
Technology Authorization Act of 2010.>>  OF STANDARDS AND TECHNOLOGY

SEC. 401. SHORT TITLE.

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

SEC. 402. AUTHORIZATION OF APPROPRIATIONS.

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

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

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

[[Page 124 STAT. 4000]]

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

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

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

``SEC. 4. <<NOTE: 15 USC 273a.>>  UNDER SECRETARY OF COMMERCE FOR 
            STANDARDS AND TECHNOLOGY.

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

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

[[Page 124 STAT. 4001]]

SEC. 404. MANUFACTURING EXTENSION PARTNERSHIP.

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

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

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

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

[[Page 124 STAT. 4002]]

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

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

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

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

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

[[Page 124 STAT. 4003]]

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

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

SEC. 405. <<NOTE: 15 USC 278n-1.>>  EMERGENCY COMMUNICATION AND TRACKING 
            TECHNOLOGIES RESEARCH INITIATIVE.

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

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

SEC. 406. BROADENING PARTICIPATION.

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

[[Page 124 STAT. 4004]]

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

SEC. 407. NIST FELLOWSHIPS.

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

SEC. 408. <<NOTE: 15 USC 278n-2.>>  GREEN MANUFACTURING AND 
            CONSTRUCTION.

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

SEC. 409. <<NOTE: 15 USC 278n-1 note.>>  DEFINITIONS.

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

[[Page 124 STAT. 4005]]

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

   SUBTITLE <<NOTE: National Science Foundation Authorization Act of 
2010.>>  A--NATIONAL SCIENCE FOUNDATION

SEC. 501. <<NOTE: 42 USC 1861 note.>>  SHORT TITLE.

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

SEC. 502. <<NOTE: 42 USC 1862p note.>>  DEFINITIONS.

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

SEC. 503. AUTHORIZATION OF APPROPRIATIONS.

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

    (b) Fiscal Year 2012.--

[[Page 124 STAT. 4006]]

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

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

SEC. 504. NATIONAL SCIENCE BOARD ADMINISTRATIVE AMENDMENTS.

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

[[Page 124 STAT. 4007]]

SEC. 505. <<NOTE: 42 USC 1862p.>>  NATIONAL CENTER FOR SCIENCE AND 
            ENGINEERING STATISTICS.

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

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

SEC. 506. <<NOTE: Grants. 42 USC 1862p-1.>>  NATIONAL SCIENCE FOUNDATION 
            MANUFACTURING RESEARCH AND EDUCATION.

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

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

[[Page 124 STAT. 4008]]

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

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

SEC. 508. <<NOTE: 42 USC 1862p-2.>>  PARTNERSHIPS FOR INNOVATION.

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

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

[[Page 124 STAT. 4009]]

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

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

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

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

SEC. 509. <<NOTE: Grants. 42 USC 1862p-3.>>  SUSTAINABLE CHEMISTRY BASIC 
            RESEARCH.

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

[[Page 124 STAT. 4010]]

SEC. 510. GRADUATE STUDENT SUPPORT.

    (a) <<NOTE: 42 USC 1869 note.>>  Finding.--The Congress finds that--
            (1) the Integrative Graduate Education and Research 
        Traineeship program is an important program for training the 
        next generation of scientists and engineers in team-based 
        interdisciplinary research and problem solving, and for 
        providing them with the many additional skills, such as 
        communication skills, needed to thrive in diverse STEM careers; 
        and
            (2) the Integrative Graduate Education and Research 
        Traineeship program is no less valuable to the preparation and 
        support of graduate students than the Foundation's Graduate 
        Research Fellowship program.

    (b) <<NOTE: Effective date. 42 USC 1869 note.>>  Equal Treatment of 
IGERT and GRF.--Beginning in fiscal year 2011, the Director shall 
increase or, if necessary, decrease funding for the Foundation's 
Integrative Graduate Education and Research Traineeship program (or any 
program by which it is replaced) at least at the same rate as it 
increases or decreases funding for the Graduate Research Fellowship 
program.

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

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

SEC. 511. ROBERT NOYCE TEACHER SCHOLARSHIP PROGRAM.

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

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

[[Page 124 STAT. 4011]]

SEC. 512 <<NOTE: 42 USC 1862p-4.>>  UNDERGRADUATE BROADENING 
            PARTICIPATION PROGRAM.

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

SEC. 513. <<NOTE: 42 USC 1862p-5.>>  RESEARCH EXPERIENCES FOR HIGH 
            SCHOOL STUDENTS.

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

SEC. 514. <<NOTE: 42 USC 1862p-6.>>  RESEARCH EXPERIENCES FOR 
            UNDERGRADUATES.

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

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

[[Page 124 STAT. 4012]]

SEC. 515. <<NOTE: 42 USC 1862p-7.>>  STEM INDUSTRY INTERNSHIP PROGRAMS.

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

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

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

SEC. 516. <<NOTE: 42 USC 1862p-8.>>  CYBER-ENABLED LEARNING FOR NATIONAL 
            CHALLENGES.

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

[[Page 124 STAT. 4013]]

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

SEC. 517. <<NOTE: 42 USC 1862p-9.>>  EXPERIMENTAL PROGRAM TO STIMULATE 
            COMPETITIVE RESEARCH.

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

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

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

[[Page 124 STAT. 4014]]

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

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

[[Page 124 STAT. 4015]]

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

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

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

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

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

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

[[Page 124 STAT. 4016]]

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

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

SEC. 520. <<NOTE: 42 USC 1862p-10.>>  ACADEMIC TECHNOLOGY TRANSFER AND 
            COMMERCIALIZATION OF UNIVERSITY RESEARCH.

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

[[Page 124 STAT. 4017]]

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

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

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

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

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

SEC. 522. <<NOTE: 42 USC 1862p-11.>>  NSF GRANTS IN SUPPORT OF SPONSORED 
            POST-DOCTORAL FELLOWSHIP PROGRAMS.

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

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

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

[[Page 124 STAT. 4018]]

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

SEC. 524. <<NOTE: 42 USC 1862p-12.>>  CLOUD COMPUTING RESEARCH 
            ENHANCEMENT.

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

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

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

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

[[Page 124 STAT. 4019]]

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

SEC. 525. <<NOTE: 42 USC 1862p-13. Grants.>>  TRIBAL COLLEGES AND 
            UNIVERSITIES PROGRAM.

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

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

SEC. 526. <<NOTE: 42 USC 1862p-14.>>  BROADER IMPACTS REVIEW CRITERION.

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

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

[[Page 124 STAT. 4020]]

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

SEC. 527. <<NOTE: 42 USC 1862p-15. Grants.>>  TWENTY-FIRST CENTURY 
            GRADUATE EDUCATION.

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

[[Page 124 STAT. 4021]]

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

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

                 SUBTITLE B--STEM-TRAINING GRANT PROGRAM

SEC. 551. <<NOTE: 20 USC 9901.>>  PURPOSE.

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

[[Page 124 STAT. 4022]]

SEC. 552. <<NOTE: 20 USC 9902.>>  PROGRAM REQUIREMENTS.

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

SEC. 553. <<NOTE: 20 USC 9903.>>  GRANT PROGRAM.

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

[[Page 124 STAT. 4023]]

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

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

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

[[Page 124 STAT. 4024]]

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

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

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

SEC. 554. <<NOTE: 20 USC 9904.>>  GRANT OVERSIGHT AND ADMINISTRATION.

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

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

[[Page 124 STAT. 4025]]

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

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

SEC. 555. <<NOTE: 20 USC 9905.>>  DEFINITIONS.

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

[[Page 124 STAT. 4026]]

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

SEC. 556. <<NOTE: 20 USC 9906.>>  AUTHORIZATION OF APPROPRIATIONS.

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

                          TITLE VI--INNOVATION

SEC. 601. OFFICE OF INNOVATION AND ENTREPRENEURSHIP.

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

``SEC. 25. <<NOTE: Establishment. 15 USC 3720.>>  OFFICE OF INNOVATION 
            AND ENTREPRENEURSHIP.

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

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

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

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

``SEC. 26. <<NOTE: 15 USC 3721.>>  FEDERAL LOAN GUARANTEES FOR 
            INNOVATIVE TECHNOLOGIES IN MANUFACTURING.

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

[[Page 124 STAT. 4027]]

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

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

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

[[Page 124 STAT. 4028]]

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

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

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

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

[[Page 124 STAT. 4029]]

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

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

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

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

[[Page 124 STAT. 4030]]

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

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

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

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

SEC. 603. REGIONAL INNOVATION PROGRAM.

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

``SEC. 27. <<NOTE: 15 USC 3722.>>  REGIONAL INNOVATION PROGRAM.

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

[[Page 124 STAT. 4031]]

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

[[Page 124 STAT. 4032]]

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

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

[[Page 124 STAT. 4033]]

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

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

[[Page 124 STAT. 4034]]

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

[[Page 124 STAT. 4035]]

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

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

[[Page 124 STAT. 4036]]

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

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

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

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

[[Page 124 STAT. 4037]]

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

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

SEC. 604. <<NOTE: 15 USC 3701 note.>>  STUDY ON ECONOMIC COMPETITIVENESS 
            AND INNOVATIVE CAPACITY OF UNITED STATES AND DEVELOPMENT OF 
            NATIONAL ECONOMIC COMPETITIVENESS STRATEGY.

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

[[Page 124 STAT. 4038]]

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

[[Page 124 STAT. 4039]]

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

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

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

[[Page 124 STAT. 4040]]

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

SEC. 605. <<NOTE: 15 USC 3701 note.>>  PROMOTING USE OF HIGH-END 
            COMPUTING SIMULATION AND MODELING BY SMALL- AND MEDIUM-SIZED 
            MANUFACTURERS.

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

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

[[Page 124 STAT. 4041]]

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

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

  TITLE VII--NIST GREEN <<NOTE: NIST Grants for Energy Efficiency, New 
   Job Opportunities, and Business Solutions Act of 2010. 15 USC 271 
note.>>  JOBS

SEC. 701. SHORT TITLE.

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

SEC. 702. <<NOTE: 15 USC 278k note.>>  FINDINGS.

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

[[Page 124 STAT. 4042]]

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

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

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

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

[[Page 124 STAT. 4043]]

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

                     TITLE VIII--GENERAL PROVISIONS

SEC. 801. GOVERNMENT ACCOUNTABILITY OFFICE REVIEW.

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

SEC. 802. SALARY RESTRICTIONS.

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

SEC. 803. ADDITIONAL RESEARCH AUTHORITIES OF THE FCC.

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

``SEC. 12. <<NOTE: 47 USC 162.>>  ADDITIONAL RESEARCH AUTHORITIES OF THE 
            FCC.

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

[[Page 124 STAT. 4044]]

                     TITLE IX--DEPARTMENT OF ENERGY

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

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

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

SEC. 902. ENERGY RESEARCH PROGRAMS.

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

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

[[Page 124 STAT. 4045]]

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

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

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

SEC. 903. BASIC RESEARCH.

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

SEC. 904. ADVANCED RESEARCH PROJECTS AGENCY-ENERGY.

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

[[Page 124 STAT. 4046]]

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

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

[[Page 124 STAT. 4047]]

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

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

[[Page 124 STAT. 4048]]

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

                           TITLE X--EDUCATION

SEC. 1001. REFERENCES.

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

SEC. 1002. REPEALS AND CONFORMING AMENDMENTS.

    (a) Repeals.--The following provisions of the Act are repealed:
            (1) Section 6001 (20 U.S.C. 9801).
            (2) Part III of subtitle A of title VI (20 U.S.C. 9841).
            (3) <<NOTE: 20 USC 9851-9854. 20 USC 9861-9864. 20 USC 9881-
        9882.>>  Subtitle B of title VI (20 U.S.C. 9851 et seq.)
            (4) Subtitle C of title VI (20 U.S.C. 9861 et seq.).
            (5) Subtitle E of title VI (20 U.S.C. 9881 et seq.).

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

SEC. 1003. AUTHORIZATIONS OF APPROPRIATIONS AND MATCHING REQUIREMENT.

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

``SEC. 6116. AUTHORIZATION OF APPROPRIATIONS.

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

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

[[Page 124 STAT. 4049]]

    ``(l) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $75,000,000 for each of fiscal 
years 2011 through 2013.''.
    (c) Alignment of Education Programs.--Section 6201(j), as 
redesignated by section 1002(b)(3), <<NOTE: 20 USC 9871.>>  is amended 
to read as follows:

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

    Approved January 4, 2011.

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

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

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