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S. 3605 (111th): America COMPETES Reauthorization Act of 2010


The text of the bill below is as of Jul 15, 2010 (Introduced).


S 3605 IS

111th CONGRESS

2d Session

S. 3605

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

IN THE SENATE OF THE UNITED STATES

July 15, 2010

Mr. ROCKEFELLER introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation


A BILL

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

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) SHORT TITLE- This Act may be cited as the ‘America COMPETES Reauthorization Act of 2010’ or the ‘America Creating Opportunities to Meaningfully Promote Excellence in Technology, Education, and Science Reauthorization Act of 2010’.

    (b) TABLE OF CONTENTS- The table of contents for this Act is as follows:

      Sec. 1. Short title; table of contents.

      Sec. 2. Definitions.

TITLE I--OFFICE OF SCIENCE AND TECHNOLOGY POLICY

      Sec. 101. National innovation and competitiveness strategy.

      Sec. 102. Coordination of Federal STEM education.

      Sec. 103. Cyberinfrastructure improvement study.

      Sec. 104. Interagency public access committee.

      Sec. 105. Federal scientific collections.

      Sec. 106. 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. International Space Station’s contribution to national competitiveness enhancement.

      Sec. 204. Definitions.

TITLE III--OCEAN AND ATMOSPHERIC PROGRAMS

      Sec. 301. Oceanic and atmospheric research and development program.

      Sec. 302. Ocean 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. Cybersecurity competition and challenge.

      Sec. 410. Definitions.

TITLE V--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. Green 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. Federal cybersecurity research and development.

      Sec. 518. Federal cyber scholarship-for-service program.

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. Science and research parks.

TITLE VII--GENERAL PROVISIONS

      Sec. 701. Government Accountability Office review.

      Sec. 702. Salary restrictions.

SEC. 2. DEFINITIONS.

    In this Act:

      (1) Director-

        (A) In title I, the term ‘Director’ means the Director of the Office of Science and Technology Policy.

        (B) In title V, the term ‘Director’ means the Director of the National Institute of Science and Technology.

      (2) STEM- The term ‘STEM’ means the academic and professional disciplines of science, technology, engineering, and mathematics.

TITLE I--OFFICE OF SCIENCE AND TECHNOLOGY POLICY

SEC. 101. NATIONAL INNOVATION AND COMPETITIVENESS STRATEGY.

    Not later than one year after the date of the enactment of this Act, the Director of the Office of Science and Technology Policy shall submit to Congress and the President a national innovation and competitiveness strategy for strengthening the innovative and competitive capacity of the Federal Government, State and local governments, institutions of higher education, and the private sector that includes--

      (1) proposed legislative changes and action;

      (2) proposed actions to be taken collectively by executive agencies, including White House offices;

      (3) proposed actions to be taken by individual executive agencies, including White House offices; and

      (4) a proposal for metrics-based monitoring and oversight of the progress of the Federal Government with respect to improving conditions for the innovation occurring in and the competitiveness of the United States.

SEC. 102. 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) review STEM education activities and programs to ensure they are not duplicative of similar efforts within the Federal government;

      (4) 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

      (5) 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)(2) 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)(2). 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. 103. CYBERINFRASTRUCTURE IMPROVEMENT STUDY.

    (a) In General- The President’s Innovation and Technology Advisory Committee, in coordination with the Office of Science and Technology Policy and the national coordination office of the Networking and Information Technology Research and Development Program, shall conduct a comprehensive study of the status of programs supporting innovation-enabling cyberinfrastructure of regional, thematic, or technological importance in States that historically have received relatively little Federal research and development funding.

    (b) Contents- The study shall include--

      (1) include a review of the previous 5 years of EPSCoR Research Infrastructure Improvement Program applications and awards and shall evaluate--

        (A) the demand for hardware, software, network capability and capacity, institutions, and expertise related to cyberinfrastructure at institutions in EPSCoR States; and

      (B) the success of RII Track-2 awards in achieving the programmatic goals outlined by the National Science Foundation;

      (2) an analysis of the effectiveness of the National Institutes of Health IDeANet initiative in broadening access to high-performance computational resources; and

      (3) recommendations for ensuring accessibility and vitality of cyberinfrastructure for scientific research and education.

    (c) Report- The Committee shall submit a report containing its findings, conclusions, and recommendations to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Science and Technology within 180 days after the date of enactment of this Act.

SEC. 104. INTERAGENCY PUBLIC ACCESS COMMITTEE.

    (a) Establishment- The Director shall establish a working group under the National Science and Technology Council with 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 interest being addressed by any policies coordinated under (a) that are not or cannot be made to meet the needs of the private sector;

      (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) 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--

      (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. 105. FEDERAL SCIENTIFIC COLLECTIONS.

    (a) Management of Scientific Collections- The Office of Science and Technology Policy shall develop policies for the management and use of Federal scientific collections to improve the quality, organization, access, including online access, and long-term preservation of such collections for the benefit of the scientific enterprise. . In developing those policies the Office of Science and Technology Policy shall consult, as appropriate, with--

      (1) Federal agencies with such collections; and

      (2) representatives of other organizations, institutions, and other entities not a part of the Federal Government that have a stake in the preservation, maintenance, and accessibility of such collections, including State and local government agencies, institutions of higher education, museums, and other entities engaged in the acquisition, holding, management, or use of scientific collections.

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

    (c) Disposal of Collections- The policies developed under subsection (a) shall--

      (1) require that, before disposing of a scientific collection, a Federal agency shall--

        (A) conduct a review of the research value of the collection; and

        (B) consult with researchers who have used the collection, and other potentially interested parties, concerning--

          (i) the collection’s value for research purposes; and

          (ii) possible additional educational uses for the collection; and

      (2) include procedures for Federal agencies to transfer scientific collections they no longer need to researchers at institutions or other entities qualified to manage the collections.

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

    (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. 106. PRIZE COMPETITIONS.

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

‘SEC. 24. PRIZE COMPETITIONS.

    ‘(a) Definitions- In this section:

      ‘(1) AGENCY- The term ‘agency’ means a Federal agency.

      ‘(2) Director- The term ‘Director’ means the Director of the Office of Science and Technology Policy.

      ‘(3) FEDERAL AGENCY- The term ‘Federal agency’ has the meaning given under section 4, except that term shall not include any agency of the legislative branch of the Federal Government.

      ‘(4) HEAD OF AN AGENCY- The term ‘head of an agency’ means the head of a Federal agency.

    ‘(b) In General- Each head of an agency, or the heads of multiple agencies in cooperation, may carry out a program to award prizes competitively to stimulate innovation that has the potential to advance the mission of the respective agency.

    ‘(c) Prizes- For purposes of this section, a prize may be one or more of the following:

      ‘(1) A point solution prize that rewards and spurs the development of solutions for a particular, well-defined problem.

      ‘(2) An exposition prize that helps identify and promote a broad range of ideas and practices that may not otherwise attract attention, facilitating further development of the idea or practice by third parties.

      ‘(3) Participation prizes that create value during and after the competition by encouraging contestants to change their behavior or develop new skills that may have beneficial effects during and after the competition.

      ‘(4) Such other types of prizes as each head of an agency considers appropriate to stimulate innovation that has the potential to advance the mission of the respective agency.

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

    ‘(e) Advertising- The head of an agency shall widely advertise each prize competition to encourage broad participation.

    ‘(f) Requirements and Registration- For each prize competition, the head of an agency shall publish a notice in the Federal Register announcing--

      ‘(1) the subject of the competition;

      ‘(2) the rules for being eligible to participate in the competition;

      ‘(3) the process for participants to register for the competition;

      ‘(4) the amount of the prize; and

      ‘(5) the basis on which a winner will be selected.

    ‘(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 may not gain an interest in intellectual property developed by a participant in a competition without the written consent of the participant.

      ‘(2) LICENSES- The Federal Government may negotiate a license for the use of intellectual property developed by a participant for a competition.

    ‘(k) Judges-

      ‘(1) IN GENERAL- For each competition, the head of an agency, either directly or through an agreement under subsection (l), shall appoint one or more qualified judges to select the winner or winners of the prize competition on the basis described under subsection (f). Judges for each competition may include individuals from outside the agency, including from the private sector.

      ‘(2) RESTRICTIONS- A judge may not--

        ‘(A) have personal or financial interests in, or be an employee, officer, director, or agent of any entity that is a registered participant in a competition; or

        ‘(B) have a familial or financial relationship with an individual who is a registered participant.

      ‘(3) GUIDELINES- The heads of agencies who carry out competitions under this section shall develop guidelines to ensure that the judges appointed for such competitions are fairly balanced and operate in a transparent manner.

      ‘(4) EXEMPTION FROM FACA- The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to any committee, board, commission, panel, task force, or similar entity, created solely for the purpose of judging prize competitions under this section.

    ‘(l) Administering the Competition- The head of an agency may enter into an agreement with a private, nonprofit entity to administer a prize competition, subject to the provisions of this section.

    ‘(m) Funding-

      ‘(1) IN GENERAL- Support for a prize competition under this section, including financial support for the design and administration of a prize or funds for a monetary prize purse, may consist of Federal appropriated funds and funds provided by the private sector for such cash prizes. The head of an agency may accept funds from other Federal agencies to support such competitions. The head of an agency may not give any special consideration to any private sector entity in return for a donation.

      ‘(2) AVAILABILITY OF FUNDS- Notwithstanding any other provision of law, funds appropriated for prize awards under this section shall remain available until expended, and may be transferred, reprogrammed, or expended for other purposes only after the expiration of 10 fiscal years after the fiscal year for which the funds were originally appropriated. 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--

          ‘(i) notice of the increase is provided in the same manner as the initial notice of the prize; and

          ‘(ii) the funds needed to pay out the announced amount of the increase have been appropriated or committed in writing by a private source.

      ‘(4) LIMITATION ON AMOUNT-

        ‘(A) NOTICE TO CONGRESS- No prize competition under this section may offer a prize in an amount greater than $50,000,000 unless 30 days have elapsed after written notice has been transmitted to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science and Technology of the House of Representatives.

        ‘(B) APPROVAL OF HEAD OF AGENCY- No prize competition under this section may result in the award of more than $1,000,000 in cash prizes without the approval of the head of an agency.

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

    ‘(o) Compliance With Existing Law-

      ‘(1) In general- The Federal Government shall not, by virtue of offering or providing a prize under this section, be responsible for compliance by registered participants in a prize competition with Federal law, including licensing, export control, and nonproliferation laws, and related regulations.

      ‘(2) Other prize authority- Nothing in this section affects the prize authority authorized by any other provision of law.

      ‘(3) Repeal of space act limitation- Section 314(a) of the National Aeronautics and Space Act of 1958 (42 U.S.C. 2459f-1 is amended by striking ‘The Administration may carry out a program to award prizes only in conformity with this section.’.

    ‘(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 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.’.

TITLE II--NATIONAL AERONAUTICS AND SPACE ADMINISTRATION.

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

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

SEC. 202. NASA’S CONTRIBUTION TO EDUCATION.

    (a) Sense of Congress- It is the sense of Congress that NASA is uniquely positioned to interest students in science, technology, engineering, and mathematics, not only by the example it sets, but through its education programs.

    (b) Educational Program Goals- NASA shall develop educational programs--

      (1) to carry out and support research based programs and activities designed to increase student interest and participation in STEM fields;

      (2) to improve public literacy in those fields;

      (3) that employ proven strategies and methods for improving student learning and teaching in STEM fields;

      (4) to provide curriculum support materials and other resources that--

        (A) are designed to be integrated with comprehensive STEM field 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) to create and support opportunities for enhanced and ongoing professional development for teachers using best practices that improve the STEM field content and knowledge of the teachers.

SEC. 203. 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 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. 204. 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--OCEAN AND ATMOSPHERIC PROGRAMS

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) Ocean 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 U.S. 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 ocean 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 the Administration’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 describe 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--

      ‘(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.

    ‘(d) Partnerships and Agreements-

      ‘(1) In general- The Administrator may execute such contracts, leases, grants, cooperative agreements, or other agreements and transactions with any agency or instrumentality of the United States, any State, local, tribal, territorial or foreign government, or with any person, corporation, firm, partnership, educational institution, nonprofit organization, or international organization as may be necessary to carry out this title.

      ‘(2) Specific authority- Notwithstanding any other provision of law, the Administrator may--

        ‘(A) execute long term leases of up to 20 years for the use of unimproved land to site small shelter facilities, antennae, and equipment including weather, tide, tidal currents, river, and air sampling or measuring equipment;

        ‘(B) grant long term licenses of up to 20 years at no cost to site facilities and equipment including weather, tide, tidal currents, river, and air sampling or measuring equipment;

        ‘(C) acquire (by purchase, lease, or otherwise), lease, sell, and dispose of or convey services, money, securities, or property (whether real, personal, intellectual, or of any other kind) or an interest therein;

        ‘(D) construct, improve, repair, operate, maintain, outgrant, and dispose of real or personal property, including buildings, facilities, and land; and

        ‘(E) waive capital lease scoring requirements for any lease of space on commercial antennas to support weather radio equipment, air sampling, or measuring equipment.

      ‘(3) Certain leased equipment- Notwithstanding any other provision of law, rule, or regulation, leases of antenna or equipment on towers or other structures shall be considered operating leases for the purpose of capital lease scoring.

      ‘(4) Authority to receive funds- The Administrator may accept, retain, and use funds received from any party pursuant to an agreement entered into under this subsection for activities furthering the purposes of this title.’.

SEC. 302. OCEAN 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) produce 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.’;

      (4) by striking ‘develop’ in subsection (c), as redesignated, and inserting ‘maintain’; and

      (5) by adding at the end thereof the following:

    ‘(e) STEM Fields Defined- In this section, the term ‘STEM fields’ means the academic and professional disciplines of science, technology, engineering, and mathematics.’.

SEC. 303. WORKFORCE STUDY.

    (a) In General- The Secretary of Commerce, in cooperation with the Secretary of Education, shall request the National Academy of Sciences to conduct a study on the scientific workforce in the areas of oceanic and atmospheric research and development. The study shall investigate--

      (1) whether there is a shortage in the number of individuals with advanced degrees in oceanic and atmospheric sciences who have the ability to conduct high quality scientific research in physical and chemical oceanography, meteorology, and atmospheric modeling, and related fields, for government, nonprofit, and private sector entities;

      (2) what Federal programs are available to help facilitate the education of students hoping to pursue these degrees;

      (3) barriers to transitioning highly qualified oceanic and atmospheric scientists into Federal civil service scientist career tracks;

      (4) what institutions of higher education, the private sector, and the Congress could do to increase the number of individuals with such post baccalaureate degrees;

      (5) the impact of an aging Federal scientist workforce on the ability of Federal agencies to conduct high quality scientific research; and

      (6) what actions the Federal government can take to assist the transition of highly qualified scientists into Federal career scientist positions and ensure that the experiences of retiring Federal scientists are adequately documented and transferred prior to retirement from Federal service.

    (b) Coordination- The Secretary 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 and the Secretary of Education shall transmit a joint report to each committee of Congress with jurisdiction over the programs described in 4002(b) of the America COMPETES Act (33 U.S.C. 893a(b)), as amended by section 302 of this Act, detailing the findings and recommendations of the study and setting forth a prioritized plan to implement the recommendations.

    (d) Program and Plan- The Administrator 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.

TITLE IV--NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

SEC. 401. SHORT TITLE.

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

SEC. 402. AUTHORIZATION OF APPROPRIATIONS.

    (a) Fiscal Year 2011-

      (1) In general- There are authorized to be appropriated to the Secretary of Commerce $1,000,500,000 for the National Institute of Standards and Technology for fiscal year 2011.

      (2) Specific allocations- Of the amount authorized by paragraph (1)--

        (A) $625,500,000 shall be authorized for scientific and technical research and services laboratory activities;

        (B) $125,000,000 shall be authorized for the construction and maintenance of facilities; and

        (C) $250,000,000 shall be authorized for industrial technology services activities, of which--

          (i) $95,000,000 shall be authorized for the Technology Innovation Program under section 28 of the National Institute of Standards and Technology Act (15 U.S.C. 278n);

          (ii) $145,000,000 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

          (iii) $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 $1,024,100,000 for the National Institute of Standards and Technology for fiscal year 2012.

      (2) Specific allocations- Of the amount authorized by paragraph (1)--

        (A) $669,100,000 shall be authorized for scientific and technical research and services laboratory activities;

        (B) $85,000,000 shall be authorized for the construction and maintenance of facilities; and

        (C) $270,300,000 shall be authorized for industrial technology services activities, of which--

          (i) $105,000,000 shall be authorized for the Technology Innovation Program under section 28 of the National Institute of Standards and Technology Act (15 U.S.C. 278n);

          (ii) $155,000,000 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

          (iii) $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 $1,128,409,000 for the National Institute of Standards and Technology for fiscal year 2013.

      (2) Specific allocations- Of the amount authorized by paragraph (1)--

        (A) $715,800,000 shall be authorized for scientific and technical research and services laboratory activities;

        (B) $122,000,000 shall be authorized for the construction and maintenance of facilities; and

        (C) $290,609,000 shall be authorized for industrial technology services activities, of which--

          (i) $115,000,000 shall be authorized for the Technology Innovation Program under section 28 of the National Institute of Standards and Technology Act (15 U.S.C. 278n);

          (ii) $165,000,000 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

          (iii) $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- Section 4 of the National Institute of Standards and Technology Act is amended to read as follows:

‘SEC. 4. UNDER SECRETARY OF COMMERCE FOR STANDARDS AND TECHNOLOGY.

    ‘(a) Establishment- There shall be in the Department of Commerce an Under Secretary of Commerce for Standards and Technology (in this section referred to as the ‘Under Secretary’).

    ‘(b) Appointment- The Under Secretary shall be appointed by the President by and with the advice and consent of the Senate.

    ‘(c) Compensation- The Under Secretary shall be compensated at the rate in effect for level III of the Executive Schedule under section 5314 of title 5, United States Code.

    ‘(d) Duties- The Under Secretary shall serve as the Director of the Institute and shall perform such duties as required of the Director by the Secretary under this Act or by law.

    ‘(e) Applicability- The individual serving as the Director of the Institute on the date of enactment of the National Institute of Standards and Technology Authorization Act of 2010 shall also serve as the Under Secretary until such time as a successor is appointed under subsection (b).’.

    (b) Conforming Amendments-

      (1) TITLE 5, UNITED STATES CODE-

        (A) LEVEL III- Section 5314 of title 5, United States Code, is amended by inserting before the item ‘Associate Attorney General’ the following:

      ‘Under Secretary of Commerce for Standards and Technology, who also serves as Director of the National Institute of Standards and Technology.’.

        (B) LEVEL IV- Section 5315 of title 5, United States Code, is amended by striking ‘Director, National Institute of Standards and Technology, Department of Commerce.’.

      (2) NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY ACT- Section 5 of the National Institute of Standards and Technology Act (15 U.S.C. 274) is amended by striking the first, fifth, and sixth sentences.

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 may 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 and environmental waste to improve profitability; and

        ‘(B) accelerating the domestic commercialization of new product technologies, including components for renewable energy 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) Notwithstanding paragraphs (1), (3), and (5), for fiscal year 2011 through fiscal year 2013, the Secretary may not provide to a Center more than 50 percent of the costs incurred by that Center and may not require that a Center’s cost share exceed 50 percent.

      ‘(8) Not later than 2 years after the date of enactment of the National Institute of Standards and Technology Authorization Act of 2010, the Secretary 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 cost share structure in place under paragraph (7), and the effect of such cost share structures on individual Centers and the overall program; and

        ‘(B) include a recommendation for how best to structure the cost share requirement after fiscal year 2013 to provide for the long-term sustainability of the program.’.

    (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.’.

    (h) EVALUATION OF OBSTACLES UNIQUE TO SMALL MANUFACTURERS- Section 25 of such Act (15 U.S.C. 278k), as amended by subsection (g), is further amended by adding at the end the following:

    ‘(k) EVALUATION OF OBSTACLES UNIQUE TO SMALL MANUFACTURERS- The Director shall--

      ‘(1) evaluate obstacles that are unique to small manufacturers that prevent such manufacturers from effectively competing in the global market;

      ‘(2) implement a comprehensive plan to train the Centers to address such obstacles; and

      ‘(3) facilitate improved communication between the Centers to assist such manufacturers in implementing appropriate, targeted solutions to such obstacles.’.

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

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

    (a) Establishment- The Director shall establish a research initiative to support the development of emergency communication and tracking technologies for use in locating trapped individuals in confined spaces, such as underground mines, and other shielded environments, such as high-rise buildings or collapsed structures, where conventional radio communication is limited.

    (b) Activities- In order to carry out this section, the Director shall work with the private sector and appropriate Federal agencies to--

      (1) perform a needs assessment to identify and evaluate the measurement, technical standards, and conformity assessment needs required to improve the operation and reliability of such emergency communication and tracking technologies;

      (2) support the development of technical standards and conformance architecture to improve the operation and reliability of such emergency communication and tracking technologies; and

      (3) incorporate and build upon existing reports and studies on improving emergency communications.

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

SEC. 406. BROADENING PARTICIPATION.

    (a) Research Fellowships- Section 18 of the National Institute of Standards and Technology Act (15 U.S.C. 278g-1) is amended by adding at the end the following:

    ‘(c) Underrepresented Minorities- In evaluating applications for fellowships under this section, the Director shall give consideration to the goal of promoting the participation of underrepresented minorities in research areas supported by the Institute.’.

    (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) is amended by striking ‘in conjunction with the National Academy of Sciences,’.

    (b) Research Fellowships- Section 18(a) of that Act (15 U.S.C. 278g(a)) is amended by striking ‘up to 1.5 percent of the’.

    (c) Commerce, Science, and Technology Fellowship Program- Section 5163(d) of the Omnibus Trade and Competition Act of 1988 (15 U.S.C. 1533) is repealed.

SEC. 408. GREEN MANUFACTURING AND CONSTRUCTION.

    The Director shall carry out a green manufacturing and construction initiative--

      (1) to develop accurate sustainability metrics and practices for use in manufacturing;

      (2) to advance the development of standards and the creation of an information infrastructure to communicate sustainability information about suppliers; and

      (3) to improve energy performance, service life, and indoor air quality of new and retrofitted buildings through validated measurement data.

SEC. 409. CYBERSECURITY COMPETITION AND CHALLENGE.

    (a) In General- The Director of the National Institute of Standards and Technology, directly or through appropriate Federal entities, shall establish cybersecurity competitions and challenges with cash prizes in order to--

      (1) attract, identify, evaluate, and recruit talented individuals for the Federal information technology workforce; and

      (2) stimulate innovation in basic and applied cybersecurity research, technology development, and prototype demonstration that have the potential for application to the Federal information technology activities of the Federal Government.

    (b) Types of Competitions and Challenges- The Director shall establish different competitions and challenges targeting the following groups:

      (1) High school students.

      (2) Undergraduate students.

      (3) Graduate students.

      (4) Academic and research institutions.

    (c) Topics- In selecting topics for prize competitions, the Director shall consult widely both within and outside the Federal Government, and may empanel advisory committees.

    (d) Use of Federal Insignia- A registered participant in a competition under this section may use any Federal agency’s name, initials, or insignia only after prior review and written approval by the Director.

    (e) Authorization of Appropriations- There are authorized to be appropriated to the National Institute of Standards and Technology to carry out this section $15,000,000 for each of fiscal years 2011 through 2013.

SEC. 410. 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).

TITLE V--NATIONAL SCIENCE FOUNDATION

SEC. 501. SHORT TITLE.

    This title may be cited as the ‘National Science Foundation Authorization Act of 2010’.

SEC. 502. DEFINITIONS.

    In this title:

      (1) 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).

      (2) 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)).

      (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.

      (4) 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 $8,254,000,000 for fiscal year 2011.

      (2) Specific allocations- Of the amount authorized by paragraph (1)--

        (A) $6,614,000,000 shall be made available to carry research and related activities;

        (B) $1,038,000,000 shall be made available for education and human resources;

        (C) $219,100,000 shall be made available for major research equipment and facilities construction;

        (D) $362,400,000 shall be made available for agency operations and award management;

        (E) $5,105,000 shall be made available for the Office of the National Science Board; and

        (F) $15,640,000 shall be made available for the Office of Inspector General.

    (b) Fiscal Year 2012-

      (1) In general- There are authorized to be appropriated to the Foundation $9,073,000,000 for fiscal year 2012.

      (2) Specific allocations- Of the amount authorized by paragraph (1)--

        (A) $7,270,000,000 shall be made available to carry research and related activities;

        (B) $1,141,000,000 shall be made available for education and human resources;

        (C) $240,800,000 shall be made available for major research equipment and facilities construction;

        (D) $398,400,000 shall be made available for agency operations and award management;

        (E) $5,612,000 shall be made available for the Office of the National Science Board; and

        (F) $17,190,000 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 $9,943,000,000 for fiscal year 2013.

      (2) Specific allocations- Of the amount authorized by paragraph (1)--

        (A) $7,967,000,000 shall be made available to carry research and related activities;

        (B) $1,251,000,000 shall be made available for education and human resources;

        (C) $263,900,000 shall be made available for major research equipment and facilities construction;

        (D) $436,600,000 shall be made available for agency operations and award management;

        (E) $6,150,000 shall be made available for the Office of the National Science Board; and

        (F) $18,840,000 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.’.

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

    (a) Establishment- There is established within the Foundation a National Center for Science and Engineering Statistics that shall serve as a central Federal clearinghouse for the collection, interpretation, analysis, and dissemination of objective data on science, engineering, technology, and research and development.

    (b) Duties- In carrying out subsection (a) of this section, the Director, acting through the Center shall--

      (1) collect, acquire, analyze, report, and disseminate statistical data related to the science and engineering enterprise in the United States and other nations that is relevant and useful to practitioners, researchers, policymakers, and the public, including statistical data on--

        (A) research and development trends;

        (B) the science and engineering workforce;

        (C) United States competitiveness in science, engineering, technology, and research and development; and

        (D) the condition and progress of United States STEM education;

      (2) support research using the data it collects, and on methodologies in areas related to the work of the Center; and

      (3) support the education and training of researchers in the use of large-scale, nationally representative data sets.

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

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

    (a) Manufacturing Research- The Director shall carry out a program to award merit-reviewed, competitive grants to institutions of higher education to support fundamental research leading to transformative advances in manufacturing technologies, processes, and enterprises that will support United States manufacturing through improved performance, productivity, sustainability, and competitiveness. Research areas may include--

      (1) nanomanufacturing;

      (2) manufacturing and construction machines and equipment, including robotics, automation, and other intelligent systems;

      (3) manufacturing enterprise systems;

      (4) advanced sensing and control techniques;

      (5) materials processing; and

      (6) information technologies for manufacturing, including predictive and real-time models and simulations, and virtual manufacturing.

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

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

    (a) Mid-Scale Research Instrumentation Needs- The National Science Board shall evaluate the needs, across all disciplines supported by the Foundation, for mid-scale research instrumentation that falls between the instruments funded by the Major Research Instrumentation program and the very large projects funded by the Major Research Equipment and Facilities Construction program.

    (b) Report on Mid-Scale Research Instrumentation Program- Not later than 1 year after the date of enactment of this Act, the National Science Board shall submit to Congress a report on mid-scale research instrumentation at the Foundation. At a minimum, this report shall include--

      (1) the findings from the Board’s evaluation of instrumentation needs required under subsection (a), including a description of differences across disciplines and Foundation research directorates;

      (2) a recommendation or recommendations regarding how the Foundation should set priorities for mid-scale instrumentation across disciplines and Foundation research directorates;

      (3) a recommendation or recommendations regarding the appropriateness of expanding existing programs, including the Major Research Instrumentation program or the Major Research Equipment and Facilities Construction program, to support more instrumentation at the mid-scale;

      (4) a recommendation or recommendations regarding the need for and appropriateness of a new, Foundation-wide program or initiative in support of mid-scale instrumentation, including any recommendations regarding the administration of and budget for such a program or initiative and the appropriate scope of instruments to be funded under such a program or initiative; and

      (5) any recommendation or recommendations regarding other options for supporting mid-scale research instrumentation at the Foundation.

SEC. 508. PARTNERSHIPS FOR INNOVATION.

    (a) In General- The Director shall carry out a program to award merit-reviewed, competitive grants to institutions of higher education to establish and to expand partnerships that promote innovation and increase the economic and social 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 social enterprise 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 that are among the 100 institutions receiving, over the 3-year period immediately preceding the awarding of grants, the highest amount of research funding from the Foundation and at least one of the following:

        (A) A minority serving institution.

        (B) A primarily undergraduate institution.

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

    (c) Program- Proposals funded under this section shall seek--

      (1) to increase the economic or social 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. GREEN 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.

SEC. 510. GRADUATE STUDENT SUPPORT.

    (a) Finding- The Congress finds that--

      (1) the Integrative Graduate Education and Research Traineeship program is an important program for training the next generation of scientists and engineers in team-based interdisciplinary research and problem solving, and for providing them with the many additional skills, such as communication skills, needed to thrive in diverse STEM careers; and

      (2) the Integrative Graduate Education and Research Traineeship program is no less valuable to the preparation and support of graduate students than the Foundation’s Graduate Research Fellowship program.

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

    (c) Support for Graduate Student Research From the Research Account- For each of the fiscal years 2011 through 2013, at least 50 percent of the total Foundation funds allocated to the Integrative Graduate Education and Research Traineeship program and the Graduate Research Fellowship program shall come from funds appropriated for Research and Related Activities.

    (d) Cost of Education Allowance for GRF Program- Section 10 of the National Science Foundation Act of 1950 (42 U.S.C. 1869) is amended--

      (1) by inserting ‘(a) In General- ’ before ‘The Foundation is authorized’; and

      (2) by adding at the end the following:

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

SEC. 511. ROBERT NOYCE TEACHER SCHOLARSHIP PROGRAM.

    (a) Matching Requirement- Section 10A(h)(1) of the National Science Foundation Authorization Act of 2002 (42 U.S.C. 1862n-1a(h)(1)) is amended to read as follows:

      ‘(1) In general- An eligible entity receiving a grant under this section shall provide, from non-Federal sources, to carry out the activities supported by the grant--

        ‘(A) in the case of grants in an amount of less than $1,500,000, an amount equal to at least 30 percent of the amount of the grant, at least one half of which shall be in cash; and

        ‘(B) in the case of grants in an amount of $1,500,000 or more, an amount equal to at least 50 percent of the amount of the grant, at least one half of which shall be in cash.’.

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

SEC. 512 UNDERGRADUATE BROADENING PARTICIPATION PROGRAM.

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

SEC. 513. RESEARCH EXPERIENCES FOR HIGH SCHOOL STUDENTS.

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

SEC. 514. RESEARCH EXPERIENCES FOR UNDERGRADUATES.

    (a) Research Sites- The Director shall award grants, on a merit-reviewed, competitive basis, to institutions of higher education, nonprofit organizations, or consortia of such institutions and organizations, for sites designated by the Director to provide research experiences for 6 or more undergraduate STEM students for sites designated at primarily undergraduate institutions of higher education and 10 or more undergraduate STEM students for all other sites, with consideration given to the goal of promoting the participation of individuals identified in section 33 or 34 of the Science and Engineering Equal Opportunities Act (42 U.S.C. 1885a or 1885b). The Director shall ensure that--

      (1) at least half of the students participating in a program funded by a grant under this subsection at each site shall be recruited from institutions of higher education where research opportunities in STEM are limited, including 2-year institutions;

      (2) the awards provide undergraduate research experiences in a wide range of STEM disciplines;

      (3) the awards support a variety of projects, including independent investigator-led projects, interdisciplinary projects, and multi-institutional projects (including virtual projects);

      (4) students participating in each program funded have mentors, including during the academic year to the extent practicable, to help connect the students’ research experiences to the overall academic course of study and to help students achieve success in courses of study leading to a baccalaureate degree in a STEM field;

      (5) mentors and students are supported with appropriate salary or stipends; and

      (6) student participants are tracked, for employment and continued matriculation in STEM fields, through receipt of the undergraduate degree and for at least 3 years thereafter.

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

SEC. 515. STEM INDUSTRY INTERNSHIP PROGRAMS.

    (a) In General- The Director may award grants, on a competitive, merit-reviewed basis, to institutions of higher education, or consortia thereof, to establish or expand partnerships with local or regional private sector entities, for the purpose of providing undergraduate students with integrated internship experiences that connect private sector internship experiences with the students’ STEM coursework. The partnerships may also include industry or professional associations.

    (b) Internship Program- The grants awarded under section (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; or

      (2) as payment or reimbursement to private sector entities, except for institutions of higher education.

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

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

    The Director shall, in consultation with appropriate Federal agencies, identify ways to use cyber-enabled learning to create an innovative STEM workforce and to help retrain and retain our existing STEM workforce to address national challenges, including national security and competitiveness.

SEC. 517. FEDERAL CYBERSECURITY RESEARCH AND DEVELOPMENT.

    (a) FUNDAMENTAL CYBERSECURITY RESEARCH- The Director of the National Science Foundation shall give priority to computer and information science and engineering research to ensure substantial support is provided to meet the following challenges in cybersecurity:

      (1) How to design and build complex software-intensive systems that are secure and reliable when first deployed.

      (2) How to test and verify that software, whether developed locally or obtained from a third party, is free of significant known security flaws.

      (3) How to test and verify that software obtained from a third party correctly implements stated functionality, and only that functionality.

      (4) How to guarantee the privacy of an individual’s identity, information, or lawful transactions when stored in distributed systems or transmitted over networks.

      (5) How to build new protocols to enable the Internet to have robust security as one of its key capabilities.

      (6) How to determine the origin of a message transmitted over the Internet.

      (7) How to support privacy in conjunction with improved security.

      (8) How to address the growing problem of insider threat.

    (b) SECURE CODING RESEARCH- The Director shall support research that evaluates selected secure coding education and improvement programs. The Director shall also support research on new methods of integrating secure coding improvement into the core curriculum of computer science programs and of other programs where graduates have a substantial probability of developing software after graduation.

    (c) ASSESSMENT OF SECURE CODING EDUCATION IN COLLEGES AND UNIVERSITIES- Within one year after the date of enactment of this Act, the Director shall submit to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Science and Technology a report on the state of secure coding education in America’s colleges and universities for each school that received National Science Foundation funding in excess of $1,000,000 during fiscal year 2008. The report shall include--

      (1) the number of students who earned undergraduate degrees in computer science or in each other program where graduates have a substantial probability of being engaged in software design or development after graduation;

      (2) the percentage of those students who completed substantive secure coding education or improvement programs during their undergraduate experience; and

      (3) descriptions of the length and content of the education and improvement programs, and a measure of the effectiveness of those programs in enabling the students to master secure coding and design.

    (d) CYBERSECURITY MODELING AND TESTBEDS- The Director shall establish a program to award grants to institutions of higher education to establish cybersecurity testbeds capable of realistic modeling of real-time cyber attacks and defenses. The purpose of this program is to support the rapid development of new cybersecurity defenses, techniques, and processes by improving understanding and assessing the latest technologies in a real-world environment. The testbeds shall be sufficiently large in order to model the scale and complexity of real world networks and environments.

    (e) NSF COMPUTER AND NETWORK SECURITY RESEARCH GRANT AREAS- Section 4(a)(1) of the Cybersecurity Research and Development Act (15 U.S.C. 7403(a)(1)) is amended--

      (1) by striking ‘and’ after the semicolon in subparagraph (H);

      (2) by striking ‘property.’ in subparagraph (I) and inserting ‘property;’; and

      (3) by adding at the end the following:

      ‘(J) secure fundamental protocols that are at the heart of inter-network communications and data exchange;

      ‘(K) secure software engineering and software assurance, including--

        ‘(i) programming languages and systems that include fundamental security features;

        ‘(ii) portable or reusable code that remains secure when deployed in various environments;

        ‘(iii) verification and validation technologies to ensure that requirements and specifications have been implemented; and

        ‘(iv) models for comparison and metrics to assure that required standards have been met;

      ‘(L) holistic system security that--

        ‘(i) addresses the building of secure systems from trusted and untrusted components;

        ‘(ii) proactively reduces vulnerabilities;

        ‘(iii) addresses insider threats; and

        ‘(iv) supports privacy in conjunction with improved security;

      ‘(M) monitoring and detection; and

      ‘(N) mitigation and rapid recovery methods.’.

    (f) NSF COMPUTER AND NETWORK SECURITY GRANTS- Section 4(a)(3) of the Cybersecurity Research and Development Act (15 U.S.C. 7403(a)(3)) is amended--

      (1) by striking ‘and’ in subparagraph (D);

      (2) by striking ‘2007’ in subparagraph (E) and inserting ‘2007;’; and

      (3) by adding at the end of the following:

        ‘(F) $150,000,000 for fiscal year 2010;

        ‘(G) $155,000,000 for fiscal year 2011;

        ‘(H) $160,000,000 for fiscal year 2012;

        ‘(I) $165,000,000 for fiscal year 2013; and

        ‘(J) $170,000,000 for fiscal year 2014.’.

    (g) COMPUTER AND NETWORK SECURITY CENTERS- Section 4(b)(7) of such Act (15 U.S.C. 7403(b)(7)) is amended--

      (1) by striking ‘and’ in subparagraph (D);

      (2) by striking ‘2007’ in subparagraph (E) and inserting ‘2007;’; and

      (3) by adding at the end of the following:

        ‘(F) $50,000,000 for fiscal year 2010;

        ‘(G) $52,000,000 for fiscal year 2011;

        ‘(H) $54,000,000 for fiscal year 2012;

        ‘(I) $56,000,000 for fiscal year 2013; and

        ‘(J) $58,000,000 for fiscal year 2014.’.

    (h) COMPUTER AND NETWORK SECURITY CAPACITY BUILDING GRANTS- Section 5(a)(6) of such Act (15 U.S.C. 7404(a)(6)) is amended--

      (1) by striking ‘and’ in subparagraph (D);

      (2) by striking ‘2007’ in subparagraph (E) and inserting ‘2007;’; and

      (3) by adding at the end of the following:

        ‘(F) $40,000,000 for fiscal year 2010;

        ‘(G) $42,000,000 for fiscal year 2011;

        ‘(H) $44,000,000 for fiscal year 2012;

        ‘(I) $46,000,000 for fiscal year 2013; and

        ‘(J) $48,000,000 for fiscal year 2014.’.

    (i) SCIENTIFIC AND ADVANCED TECHNOLOGY ACT GRANTS- Section 5(b)(2) of such Act (15 U.S.C. 7404(b)(2)) is amended--

      (1) by striking ‘and’ in subparagraph (D);

      (2) by striking ‘2007’ in subparagraph (E) and inserting ‘2007;’; and

      (3) by adding at the end of the following:

        ‘(F) $5,000,000 for fiscal year 2010;

        ‘(G) $6,000,000 for fiscal year 2011;

        ‘(H) $7,000,000 for fiscal year 2012;

        ‘(I) $8,000,000 for fiscal year 2013; and

        ‘(J) $9,000,000 for fiscal year 2014.’.

    (j) GRADUATE TRAINEESHIPS IN COMPUTER AND NETWORK SECURITY RESEARCH- Section 5(c)(7) of such Act (15 U.S.C. 7404(c)(7)) is amended--

      (1) by striking ‘and’ in subparagraph (D);

      (2) by striking ‘2007’ in subparagraph (E) and inserting ‘2007;’; and

      (3) by adding at the end of the following:

        ‘(F) $20,000,000 for fiscal year 2010;

        ‘(G) $22,000,000 for fiscal year 2011;

        ‘(H) $24,000,000 for fiscal year 2012;

        ‘(I) $26,000,000 for fiscal year 2013; and

        ‘(J) $28,000,000 for fiscal year 2014.’.

    (k) CYBERSECURITY FACULTY DEVELOPMENT TRAINEESHIP PROGRAM- Section 5(e)(9) of such Act (15 U.S.C. 7404(e)(9)) is amended by striking ‘2007.’ and inserting ‘2007 and for each of fiscal years 2010 through 2014.’.

    (l) NETWORKING AND INFORMATION TECHNOLOGY RESEARCH AND DEVELOPMENT PROGRAM- Section 204(a)(1) of the High-Performance Computing Act of 1991 (15 U.S.C. 5524(a)(1)) is amended--

      (1) by striking ‘and’ after the semicolon in subparagraph (B); and

      (2) by inserting after subparagraph (C) the following:

        ‘(D) develop and propose standards and guidelines, and develop measurement techniques and test methods, for enhanced cybersecurity for computer networks and common user interfaces to systems; and’.

SEC. 518. FEDERAL CYBER SCHOLARSHIP-FOR-SERVICE PROGRAM.

    (a) IN GENERAL- The Director of the National Science Foundation shall establish a Federal Cyber Scholarship-for-Service program to recruit and train the next generation of Federal information technology workers and security managers.

    (b) PROGRAM DESCRIPTION AND COMPONENTS- The program--

      (1) shall provide scholarships, that provide full tuition, fees, and a stipend, for up to 1,000 students per year in their pursuit of undergraduate or graduate degrees in the cybersecurity field;

      (2) shall require scholarship recipients, as a condition of receiving a scholarship under the program, to agree to serve in the Federal information technology workforce for a period equal to the length of the scholarship following graduation if offered employment in that field by a Federal agency;

      (3) shall provide opportunities for students to receive temporary appointments for meaningful employment in the Federal information technology workforce during school vacation periods and for internships;

      (4) shall provide a procedure for identifying promising K-12 students for participation in summer work and internship programs that would lead to certification of Federal information technology workforce standards and possible future employment; and

      (5) shall examine and develop, if appropriate, programs to promote computer security awareness in secondary and high school classrooms.

    (c) HIRING AUTHORITY- For purposes of any law or regulation governing the appointment of individuals in the Federal civil service, upon the successful completion of their studies, students receiving a scholarship under the program shall be hired under the authority provided for in section 213.3102(r) of title 5, Code of Federal Regulations, and be exempt from competitive service. Upon fulfillment of the service term, such individuals shall be converted to a competitive service position without competition if the individual meets the requirements for that position.

    (d) ELIGIBILITY- To be eligible to receive a scholarship under this section, an individual shall--

      (1) be a citizen of the United States; and

      (2) demonstrate a commitment to a career in improving the Nation’s cyber defenses.

    (e) CONSIDERATION AND PREFERENCE- In making selections for scholarships under this section, the Director shall--

      (1) consider, to the extent possible, a diverse pool of applicants whose interests are of an interdisciplinary nature, encompassing the social scientific as well as the technical dimensions of cyber security; and

      (2) give preference to applicants that have participated in the competition and challenge described in section 13.

    (f) EVALUATION AND REPORT- The Director shall evaluate and report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Science and Technology on the success of recruiting individuals for the scholarships.

    (g) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to the National Science Foundation to carry out this section--

      (1) $50,000,000 for fiscal year 2010;

      (2) $55,000,000 for fiscal year 2011;

      (3) $60,000,000 for fiscal year 2012;

      (4) $65,000,000 for fiscal year 2013; and

      (5) $70,000,000 for fiscal year 2014.

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 107 of this Act, is amended by adding at the end the following:

‘SEC. 25. OFFICE OF INNOVATION AND ENTREPRENEURSHIP.

    ‘(a) In General- The Secretary shall establish an Office of Innovation and Entrepreneurship to foster innovation and the commercialization of new technologies, products, processes, and services with the goal of promoting productivity and economic growth in the United States.

    ‘(b) Duties- The Office of Innovation and Entrepreneurship shall be responsible for--

      ‘(1) developing policies to accelerate innovation and advance the commercialization of research and development, including federally funded research and development;

      ‘(2) identifying existing barriers to innovation and commercialization, including access to capital and other resources, and ways to overcome those barriers;

      ‘(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 and between the Department of Commerce and other Federal agencies, as appropriate; and

      ‘(5) any other duties as determined by the Secretary.

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

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

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

‘SEC. 26. FEDERAL LOAN GUARANTEES FOR INNOVATIVE TECHNOLOGIES IN MANUFACTURING.

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

      ‘(2) to manufacture an innovative technology product or an integral component of such a product.

    ‘(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 (m).

    ‘(d) Limitation on Amount- A loan guarantee shall not exceed an amount equal to 80 percent of the obligation, as estimated at the time at which the loan guarantee is issued.

    ‘(e) Limitations on Loan Guarantee- No loan guarantee shall be made unless the Secretary determines that--

      ‘(1) there is a reasonable prospect of repayment of the principal and interest on the obligation by the borrower;

      ‘(2) the amount of the obligation (when combined with amounts available to the borrower from other sources) is sufficient to carry out the project;

      ‘(3) the obligation is not subordinate to other financing;

      ‘(4) the obligation bears interest at a rate that does not exceed a level that the Secretary determines appropriate, taking into account the prevailing rate of interest in the private sector for similar loans and risks; and

      ‘(5) the term of an obligation requires full repayment over a period not to exceed the lesser of--

        ‘(A) 30 years; or

        ‘(B) 90 percent of the projected useful life, as determined by the Secretary, of the physical asset to be financed by the obligation.

    ‘(f) Defaults-

      ‘(1) Payment by secretary-

        ‘(A) In general- If a borrower defaults (as defined in regulations promulgated by the Secretary and specified in the loan guarantee) on the obligation, the holder of the loan guarantee shall have the right to demand payment of the unpaid amount from the Secretary.

        ‘(B) Payment required- Within such period as may be specified in the loan guarantee or related agreements, the Secretary shall pay to the holder of the loan guarantee the unpaid interest on and unpaid principal of the obligation as to which the borrower has defaulted, unless the Secretary finds that there was no default by the borrower in the payment of interest or principal or that the default has been remedied.

        ‘(C) Forbearance- Nothing in this subsection precludes any forbearance by the holder of the obligation for the benefit of the borrower which may be agreed upon by the parties to the obligation and approved by the Secretary.

      ‘(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.

    ‘(h) 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.

    ‘(i) Consultation- In establishing the terms and conditions of a loan guarantee under this section, the Secretary shall consult with the Secretary of the Treasury.

    ‘(j) 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.

    ‘(k) Records-

      ‘(1) In general- With respect to a loan guarantee under this section, the borrower, the lender, and any other appropriate party shall keep such records and other pertinent documents as the Secretary shall prescribe by regulation, including such records as the Secretary may require to facilitate an effective audit.

      ‘(2) Access- The Secretary and the Comptroller General of the United States, or their duly authorized representatives, shall have access to records and other pertinent documents for the purpose of conducting an audit.

    ‘(l) 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.

    ‘(m) 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 (j), 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.

    ‘(n) Audit-

      ‘(1) Annual independent audits- The Secretary shall enter into an arrangement with an independent auditor for annual evaluations of the program under this section.

      ‘(2) Comptroller general review- The Comptroller General of the United States shall conduct a biennial review of the Secretary’s execution of the program under this section.

      ‘(3) Report- The results of the independent audit under paragraph (1) and the Comptroller General’s review under paragraph (2) shall be provided directly to the Committee on Science and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.

    ‘(o) 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.

    ‘(p) 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.

    ‘(q) 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.

    ‘(r) 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 ‘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.

    ‘(s) 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.

    ‘(t) 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).

    ‘(u) Authorization of Appropriations-

      ‘(1) Cost of loan guarantees- There are authorized to be appropriated $100,000,000 for each of fiscal years 2011 through 2015 to provide the cost of loan guarantees under this section.

      ‘(2) Principal and interest- There are authorized to be appropriated such sums as are necessary to carry out subsection (g).’.

SEC. 603. REGIONAL INNOVATION PROGRAM.

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

‘SEC. 27. REGIONAL INNOVATION PROGRAM.

    ‘(a) Establishment- The Secretary shall establish a regional innovation program to encourage and support the development of regional innovation strategies, including regional innovation clusters and science and research parks.

    ‘(b) Regional Innovation 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.

        ‘(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 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 descibed 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 to 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

          ‘(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) 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 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) Cluster grant program- The Secretary shall incorporate data and analysis relating to any regional innovation cluster supported by a grant under subsection (b) into the program established under this subsection.

    ‘(d) 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.

    ‘(e) Evaluation-

      ‘(1) In general- Not later than 4 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.

    ‘(f) 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) 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.

    ‘(g) Authorization of Appropriations- There are authorized to be appropriated such sums as are necessary for each of fiscal years 2011 through 2015 to carry out this section, including such sums as are necessary to carry out the evaluation required under subsection (e).’.

SEC. 604. SCIENCE AND RESEARCH PARKS.

    The Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3701 et seq.), as amended by section 603, is further amended by adding at the end thereof the following:

‘SEC. 28. SCIENCE AND RESEARCH PARKS.

    ‘(a) Establishment- Upon the application of an eligible recipient, the Secretary is authorized to provide financial assistance under this section for the development and construction of science and research parks to promote the clustering of innovation through high technology activities.

    ‘(b) Development of Plans for Construction of Science Parks-

      ‘(1) In general- The Secretary may award grants for the development of feasibility studies and plans for the construction of new science parks or 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 predominate rural or urban character as indicated by population density.

        ‘(C) Selection criteria- The Secretary shall publish the criteria to be utilized in any competition under this paragraph 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 5 years;

          ‘(iii) funding to be required to construct, renovate or expand, the science park during its first 5 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;

          ‘(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 (BRAC) 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) Authorization of appropriations- There are authorized to be appropriated $7,500,000 for each of the fiscal years 2011 through 2015 to carry out this subsection.

    ‘(c) 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) $500,000,000 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 (a) 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) of this section.

      ‘(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.

        ‘(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) Review-

        ‘(A) The Secretary shall periodically assess the credit risk of new and existing direct loans or guaranteed loans.

        ‘(B) Not later than 2 years after the date of the enactment of the America COMPETES Reauthorization Act of 2010, the Comptroller General of the United States shall--

          ‘(i) conduct a review of the subsidy estimates for the loan guarantees under this subsection; and

          ‘(ii) submit to Congress a report on the review conducted under this paragraph.

      ‘(7) Termination- A loan may not be guaranteed under this subsection after September 30, 2015.

      ‘(8) Authorization of appropriations- There are authorized to be appropriated--

        ‘(A) such sums as are necessary annually for the cost (as defined in section 502(5) of the Federal Credit Reform Act of 1990) of guaranteeing $500,000,000 in loans under this subsection, and

        ‘(B) such sums as may be necessary for administrative expenses in fiscal year 2011 and thereafter,

      such sums to remain available until expended.

    ‘(d) Science Park Defined- In this section, the term ‘science park’ means a property-based venture that--

      ‘(1) has--

        ‘(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) as its primary mission the promotion of 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;

      ‘(2) is owned by a governmental or not-for-profit entity; and

      ‘(3) may enter into partnerships or joint ventures with for-profit entities for development or management of specific components of the park.’.

TITLE VII--GENERAL PROVISIONS

SEC. 701. GOVERNMENT ACCOUNTABILITY OFFICE REVIEW.

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

SEC. 702. 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.