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HR 2272 .R.2272

EAS One Hundred Tenth Congress

I of the

n the United StatesSenate of America

AT THE FIRST SESSION

Begun and held at the United States,CityJuly 19, 2007. Resolved, That the bill from the House of Representatives (H.R. 2272) entitled `An Act tWashington on Thursday,

the fourth day of January, two thousand and seven

An Act

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

    ', do pass withBe it enacted by the followingAMENDMENT:Strike out all after the enacting clausSenate and insert:House of Representatives of the United States of America in Congress assembled ,

SECTION 1. SHORT TITLE.

    This Act may be cited as the `America COMPETES Act' or the `America Creating Opportunities to Meaningfully Promote Excellence in Technology, Education, and Science Act'.

SEC. ORGANIZATION OF ACT INTO DIVISIONS; 2. TABLE OF CONTENTS.

    (a) DIVISIONS- This Act is organized into 5 divisions as follows: (1) DIVISION A- Commerce and Science. (2) DIVISION B- Department of Energy. (3) DIVISION C- Education. (4) DIVISION D- National Science Foundation. (5) DIVISION E- General Provisions.(b) Table of Contents- The table of contents forof this Act is as follows:

      Sec. 1. Short title.

      Sec. 2. Organization of Act into divisionsT; table of DIVISION A--COMMERCE AND SCIENCESec. 1001. Short title.contents.

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

      Sec. 1101. National001. National Science and Technology Summit.

      Sec. 11002. Study on barriers to innovation.

      Sec. 11003. National Technology and Innovation Medal.

      Sec. 1104. Release of scientific research results004.Sec. 1105. Semiannual Science, Technology, Engineering, and Mathematics Days.

      Sec. 1106005. Study of service science.

      TITLE II--INNOVATION PROMOTIONSec. 1006Sec. 1201. President's Council on Innovation and Competitiveness.

      Sec. 1202. I007. National coordination of research infrastructure.

      Sec. 1008. Sense of Congress on innovation acceleration research.

      Sec. 1009. Release of scientific research results.

TITLE III--NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

      Sec. 132001. NASA's contribution to innovation.

      Sec. 1302. Aeronautics Institute2002. Aeronautics for Research.

      Sec. 132003. Basic research enhancement.

      Sec. 132004. Aging workforce issues program.

      Sec. 1305. Conforming amendments2005. Sense of Congress regarding NASA's undergraduate student research program.

      Sec. 1306. Fiscal year 2008 basic2006. Use of International Space Station National Laboratory to support math and science education and research competitivenessfunding.

TITLE IVII--NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

      Sec. 143001. Authorization of appropriations.

      Sec. 143002. Amendments to the Stevenson-Wydler Technology Innovation Act of 1980.

      Sec. 1403. Innovation acceleration3003. Manufacturing Extension Partnership.

      Sec. 14043004. Institute-wide planning report.

      Sec. 3005. Report by Visiting Committee.

      Sec. 3006. Meetings of Visiting Committee on Advanced Technology.

      Sec. 3007. Collaborative manufacturing research pilot grants.

      Sec. 3008. Manufacturing extensionFellowship Program.

      Sec. 1405. Experimental Program3009. Procurement of temporary and intermittent services.

      Sec. 3010. Malcolm Baldrige awards.

      Sec. 3011. Report on National Institute of Standards and Technology efforts to Stimulate Competitive Technologyrecruit and retain early career science and engineering researchers.

      Sec. 14063012. Technology Innovation Program.

      Sec. 3013. Technical amendments to the National Institute of Standards and Technology Act and other technical amendments.

      Sec. 1407. Clarification of eligible contributions in connection with regional Centers responsible for implementing the objectives3014. Retention of the hollings manufacturing partnership programdepreciation surcharge.

      Sec. 3015. Post-doctoral fellows.

TITLE IV--OCEAN AND ATMOSPHERIC PROGRAMS

      Sec. 154001. Ocean and atmospheric rResearch and development pProgram.

      Sec. 154002. NOAA ocean and atmospheric sScience education pPrograms.

      Sec. 154003. NOAA's contribution to innovation.

Sec. TITLE V1504. NOAA accountability and transparency.DIVISION B--DEPARTMENT OF ENERGY

      Sec. 25001. Short title.

      Sec. 25002. Definitions.

      Sec. 2003. Mathematics, science5003. Science, engineering, and engineeringmathematics education at the Department of Energy.

      Sec. 20045004. Nuclear science talent expansion program for institutions of higher education.

      Sec. 5005. Hydrocarbon systems science talent expansion program for institutions of higher education.

      Sec. 5006. Department of Energy early-caree career awards for science. engineering, and mathematics researchersr research grants.Sec. 2005. Advanced Research Projects Authority-Energy.

      Sec. 20065007. Authorization of appropriations the for Department of Energy for basic research.

      Sec. 20075008. Discovery science and engineering innovation institutes.

      Sec. 20085009. Protecting America's Competitive Edge (PACE) graduate fellowship program.

      Sec. 2009. Title IX compliance.5010. Sense of Congress regarding certain recommendations and reviewsSec. 2010. High-risk, high-reward research.

      Sec. 25011. Distinguished scientist program.

      DIVISION C--EDUCATION Sec. 5012. Advanced Research Projects Agency--Energy.

Sec. 3 TITLE VI--EDUCATION

      Sec. 6001. Findings.

      Sec. 36002. Definitions.

TITLE I--TEACHER ASSISTANCE Subtitle A--Teacher Assistance

Subtitle APart I--Teachers for a Competitive Tomorrow

      Sec. 36111. Purpose.

      Sec. 36112. Definitions.

      Sec. 36113. Programs for baccalaureate degrees mathematics, in science, technology, engineering, mathematics, or critical foreign languages, with concurrent teacher certification.

      Sec. 36114. Programs for master's degrees mathematics, in science, technology, engineering, mathematics, or critical foreign languages education.

      Sec. 36115. General provisions.

      Sec. 36116. Authorization of appropriations.

Subtitle BPart II--Advanced Placement and International Baccalaureate Programs

      Sec. 36121. Purpose.

      Sec. 36122. Definitions.

      Sec. 36123. Advanced Placement and International Baccalaureate programs.Programs.

Subtitle CPart III--Promising Practices Mathematics, in Science, Technology, Engineering, and EngineeringMathematics Teaching

      Sec. 36131. Promising practices.

TITLE II--MATHEMATICS Subtitle B--Mathematics

      Sec. 3Sec. 6201. Math Now for elementary school and middle school students program.

      Sec. 36202. Summer term education programs.

      Sec. 36203. Math skills for secondary school students.

      TITLE III--FOREIGN LANGUAGE PARTNERSHIP PROGRAM Sec. 6204. Peer review of State applications.

Sec. 3 Subtitle C--Foreign Language Partnership Program

      Sec. 6301. Findings and purpose.

      Sec. 36302. Definitions.

      Sec. 36303. Program authorized.

      Sec. 36304. Authorization of appropriations.

TITLE IV--ALIGNMENT OF EDUCATION PROGRAMS Subtitle D--Alignment of Education Programs

      Sec. 3Sec. 6401. Alignment of secondary school graduation requirements with the demands of 21st century postsecondary endeavors and support for P-16 education data systems.

TITLE V--MATHEMATICS AND SCIENCE PARTNERSHIP BONUS GRANTS Subtitle E--Mathematics and Science Partnership Bonus Grants

      Sec. 3Sec. 6501. Mathematics and science partnership bonus grants.

      Sec. 36502. Authorization of appropriations.

DIVISION DTITLE VII--NATIONAL SCIENCE FOUNDATION

      Sec. 40017001. Definitions.

      Sec. 7002. Authorization of appropriations.

      Sec. 4002. Strengthening of education and human resources directorate through equitable distribution of new funds.7003Sec. 4003. Graduate fellowships and graduate traineeships.Sec. 4004. Professional science master's degree programs.Sec. 4005. Increased support for science education through the National Science Foundation.Sec. 4006. Meeting critical national science needs.Sec. 4007. Reaffirmation of the merit-review process of the National Science Foundation.

      Sec. 4008. Experimental Program to Stimulate Competitive Research.7004Sec. 4009. Encouraging participation.Sec. 4010. Cyberinfrastructure.Sec. 4011. Federal information and communications technology research.Sec. 4012. Robert Noyce Teacher Program.Sec. 4013. Sense of the SenateCongress regarding the mathematics and science partnership programs of the Department of Education and the National Science Foundation.

      Sec. 40147005. Curricula.

      Sec. 7006. Centers for research on learning and education improvement.

      Sec. 7007. Interdisciplinary research.

      Sec. 7008. Postdoctoral research fellows.

      Sec. 7009. Responsible conduct of research.

      Sec. 7010. Reporting of research results.

      Sec. 7011. Sharing research results.

      Sec. 7012. Funding for successful science, technology, engineering, and mathematics education programs.

      Sec. 7013. Cost sharing.

      Sec. 7014. Additional reports.

      Sec. 7015. Administrative amendments.

      Sec. 7016. National Science Board reports.

      Sec. 7017. Program Fraud Civil Remedies Act of 1986 amendment.

      Sec. 7018. Meeting critical national science needs.

      Sec. 7019. Research on innovation and inventiveness.

      Sec. 7020. Cyberinfrastructure.

      Sec. 7021. Pilot program of grants for new investigators.

      Sec. 7022. Broader impacts merit review criterion.

      Sec. 7023. Donations.

      Sec. 7024. High-performance computing and networking.

      Sec. 7025. Science, technology, engineering, and mathematics talent expansion program.

      Sec. 7026. Laboratory science pilot program.

      Sec. 7027. Study on laboratory equipment donations for schools.

      Sec. 7028. Mathematics and Science Education Partnerships amendments.

      Sec. 7029. National Science Foundation teacher institutes for the 21st century.

      Sec. 4015. Partnerships7030. Robert Noyce Teacher Scholarship Program.

      Sec. 7031. Encouraging participation.

      Sec. 7032. National Academy of Sciences report on diversity in science, technology, engineering, and mathematics fields.

      Sec. 7033. Hispanic-serving institutions undergraduate program.

      Sec. 7034. Professional science master's degree programs.

      Sec. 7035. Sense of Congress on communications training for access to laboratory science.scientists.

      DIVISION E Sec. 7036. Major research instrumentation.

      Sec. 7037. Limit on proposals.

TITLE VIII--GENERAL PROVISIONS

      Sec. 58001. Collection of data relating to trade inservices.

      Sec. 58002. Sense of the Senate regarding small business growth and capital markets.

      Sec. 58003. Government Accountability Office Rreview of Activities, Gactivities, grants, and Pprograms.

      Sec. 5004. Prohibition against funding anti-competitiveness8004. Sense of the Senate regarding anti-competitive tax policy.

      Sec. 5005. Feasibility study on free8005. Study of the provision of college online degree programs.

      Sec. 58006. Sense of the Senate regarding deemed exports.

      Sec. 58007. Sense of the Senate regarding capital markets.

      DIVISION A--COMMERCE AND SCIENCESec. 8008. AccountabilitySEC. 1001. SHORT TITLE. This division may be cited as the `American Innovation and Competitiveness Act'transparency of activities authorized by this Act.

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

SEC. 11001. NATIONAL SCIENCE AND TECHNOLOGY SUMMIT.

    (a) In General- Not later than 180 days after the date of the enactment of this Act, the President shall convene a National Science and Technology Summit to examine the health and direction of the United States' science, technology, engineering, and mathematics enterprises. The Summit shall include representatives of industry, small business, labor, academia, State government, Federal research and development agencies, non-profit environmental and energy policy groups concerned with science and technology issues, and other nongovernmental organizations, including representativesof science, technology, and engineering organizations and associations that represent individuals identified in section 33 or 34 of the Science and Engineering Equal Opportunities Act (42 U.S.C. 1885a or 1885b).

    (b) Report- Not later than 90 days after the date of the conclusion of the Summit, the President shall issuesubmit to Congress a report on the results of the Summit. The report shall identify key research and technology challenges and recommendations, including recommendations to increase the representation of individuals identified in section 33 or 34 of the Science and Engineering Equal Opportunities Act (42 U.S.C. 1885a or 1885b) in science, engineering, and technology enterprises, for areas of investment for Federal research and technology programs to be carried out during the 5-year period beginning on the date the report is issued.

    (c) Annual Evaluation- Beginning in with2008, the Director ofPresident's budget submission for the Officefiscal year following the conclusion of the National Science and Technology Policy shall publishSummit and submit to Congress an annual report that contains recommendations for areas of investment for Federal research technology programs, including a justification and for each area identified inof the report. Each report submitted duringfollowing 4 budget submissions, the 5-year period beginning onAnalytical Perspectives component of the datbudget document that describes the Research and Development budget priorities shall include a descriptione of how those priorities relate to the conclusions and recommendations of the Summit shall take into account any recommendations made bycontained in the Summitreport required under subsection (b).

SEC. 11002. STUDY ON BARRIERS TO INNOVATION.

    (a) In General- Not later than 90 days after the date of the enactment of this Act, the Directorof the Office of Science and Technology Policy shall enter into a contract with the National Academy of Sciences to conduct and complete a study to identify, and to review methods to mitigate, new forms of risk for businesses beyond conventional operational and financial risk that affect the ability to innovate, including studying and reviewing--

      (1) incentive and compensation structures that could effectively encourage long-term value creation and innovation;

      (2) methods of voluntary and supplemental disclosure by industry of intellectual capital, innovation performance, and indicators of future valuation;

      (3) means by which government could work with industry to enhance the legal and regulatory framework to encourage the disclosures described in paragraph (2);

      (4) practices that may be significant deterrents to United States businesses engaging in innovation risk-taking compared to foreign competitors;

      (5) costs faced by United States businesses engaging in innovation compared to foreign competitors, including the burden placed on businesses by high and rising health care costs;

      (6) means by which industry, trade associations, and universities could collaborate to support research on management practices and methodologies for assessing the value and risks of longer term innovation strategies;

      (7) means to encourage new, open, and collaborative dialogue between industry associations, regulatory authorities, management, shareholders, labor, and other concerned interests to encourage appropriate approaches to innovation risk-taking;

      (8) incentives to encourage participation among institutions of higher education, especially those in rural and underserved areas, to engage in innovation;

      (9) relevant Federal regulations that may discourage or encourage innovation;

      (10) all provisions of the Internal Revenue Code of 1986, including tax provisions, compliance costs, and reporting requirements, that discourage innovation;

      (11) the extent to which Federal funding promotes or hinders innovation; and

      (12) the extent to which individuals are being equipped with the knowledge and skills necessary for success in the 21st century workforce, as measured by--

        (A) elementary school and secondary school student academic achievement on the State academic assessments required under section 1111(b)(3) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 (b)(3)), especially in mathematics, science, and reading, identified by ethnicity, race, and gender;

        (B) the rate of student entrance into institutions of higher education, identified by ethnicity, race, and gender, by type of institution, and barriers to access to institutions of higher education;

        (C) the rates of--

          (i) students successfully completing postsecondary education programs, identified by ethnicity, race, and gender; and

          (ii) certificates, associate degrees, and baccalaureate degrees awarded in the fields of science, technology, engineering, and mathematics, identified by ethnicity, race, and gender; and

        (D) access to, and availability of, high quality job training programs;.

    (13) the projected outcomes of increasing the number of individuals identified in section 33 or 34 of the Science and Engineering Equal OpportunitiesAct (42 U.S.C. 1885a or 1885b) in science, technology, engineering, and mathematics fields; and (14) the identification of strategies to increase 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) in science, technology, engineering, and mathematics fields. (b) Report Required- Not later than 1 year after entering into the contract required by subsection (a) and 4 years after entering into such contract, the National Academy of Sciences shall submit to Congress a report on the study conducted under such subsection.

    (c) Authorization of Appropriations- There are authorized to be appropriatedto the National AcademyOffice of Sciences and Technology Policy $1,000,000 for fiscal year 2008 for the purpose of carrying out the study required under this section.

SEC. 11003. NATIONAL TECHNOLOGY AND INNOVATION MEDAL.

    Section 16 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3711) is amended--

      (1(1) in) by striking the section heading, by striking `national medal' and sec. 16. inserting `national technology and innovation medal.'; and

      (2) in subsection (a), by striking `Technology Medal' and inserting `Technology and Innovation Medal'.

SEC. 1104. RELEASE OF SCIENTIFIC RESEARCH RESULTS.004 (a) Principles- Not later than 90 days after the date of enactment of this Act, the Director of the Office of Science and Technology Policy, in consultation with the Director of the Office of Management and Budget and the heads of all Federal civilian agencies that conduct scientific research, shall develop and issue an overarching set of principles to ensure the communication and open exchange of data and results to other agencies, policymakers,and the public of research conducted by a scientist employed by a Federal civilian agency and to prevent the intentional or unintentional suppression or distortion of such research findings. The principles shall encourage the open exchange of data and results of research undertaken by a scientist employed by such an agency and shall be consistent with existing Federal laws, including chapter 18 of title 35, United States Code (commonly known as the `Bayh-Dole Act'). (b) Implementation- Not later than 180 days after the date of enactment of this Act, the Director of the Office of Science and Technology Policy shall ensure that all civilian Federal agencies that conduct scientific research develop specific policies and procedures regarding the public release of data and results of research conducted by a scientist employed by such an agency consistent with the principles established under subsection (a). Such polices and procedures shall-- (1) specifically address what is and what is not permitted or recommended under such policies and procedures; (2) be specifically designed for each such agency; (3) be applied uniformly throughout each such agency; and (4) be widely communicated and readily accessible to all employees of each such agency and the public.SEC. 1105. SEMIANNUAL SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS DAYS.

    It is the sense of Congress that the Director of the Office of Science and Technology Policy should--

      (1) encourage all elementary and middle schools to observe a Science, Technology, Engineering, and Mathematics Day twice in every school year for the purpose of bringing in science, technology, engineering, and mathematics mentors to provide hands-on lessons to excite and inspire students to pursue the science, technology, engineering, and mathematics fields (including continuing education and career paths);

      (2) initiate a program, in consultation with Federal agencies and departments, to provide support systems, tools (from existing outreach offices), and mechanisms to allow and encourage Federal employees with scientific, technological, engineering, or mathematical responsibilities to reach out to local classrooms on such Science, Technology, Engineering, and Mathematics Days to instruct and inspire school children, focusing on real life science, technology, engineering, and mathematics-related applicable experiences along with hands-on demonstrations in order to demonstrate the advantages and direct applications of studying the science, technology, engineering, and mathematics fields; and

      (3) promote Science, Technology, Engineering, and Mathematics Days involvement by private sector and institutions of higher education employees, including partnerships with scientific, engineering, and mathematical professional organizations representing individuals identified in section 33 or 34 of the Science and Engineering Equal Opportunities Act (42 U.S.C. 1885a or 1885b), in a manner similar to the Federal employee involvement described in paragraph (2).

SEC. 1106005. STUDY OF SERVICE SCIENCE.

    (a) Sense of Congress- It is the sense of Congress that, in order to strengthen the competitiveness of United States enterprises and institutions and to prepare the people of the United States for high-wage, high-skill employment, the Federal Government should better understand and respond strategically to the emerging management and learning discipline known as service science.

    (b) Study- Not later than 270 days1 year after the date of the enactment of this Act, the Director of the Office of Science and Technology Policy shall, through the National Academy of shall Sciences, conduct a study and report to Congress regardingon how the Federal Government should support, through research, education, and training, the emerging management and learning discipline known as service science.

    (c) Outside Resources- In conducting the study under subsection (b), the National Academy of Sciences shall consult with leaders from 2- and 4-year institutions of higher education, as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)), leaders from corporations, and other relevant parties.

    (d) Service Science Defined- In this section, the term `service science' means curricula, training, and research programs that are designed to teach individuals to apply scientific, engineering, and management disciplines that integrate elements of computer science, operations research, industrial engineering, business strategy, management sciences, and social and legal sciences, in order to encourage innovation in how organizations create value for customers and shareholders that could not be achieved through such disciplines working in isolation.

TITLE II--INNOVATION PROMOTIONSEC. 1006SEC. 1201. PRESIDENT'S COUNCIL ON INNOVATION AND COMPETITIVENESS.

    (a) In General- The President shall establish a President's Council on Innovation and Competitiveness.

    (b) Duties- Council's The duties of the Council shall include--

      (1) monitoring implementation of public laws and initiatives for promoting innovation, including policies related to research funding, taxation, immigration, trade, and education that are proposed in this Act or in any other Act;

      (2) providing advice to the President with respect to global trends in competitiveness and innovation and allocation of Federal resources in education, job training, and technology research and development considering such global trends in competitiveness and innovation;

      (3) in consultation with the Directorof the Office of Management and Budget, developing a process for using metrics to assess the impactof existing and proposed policies and rules that affect innovation capabilities in the United States;

      (4) identifying opportunities and making recommendations for the heads of executive agencies to improve innovation, monitoring, and reporting on the implementationof such recommendations;

      (5) developing metrics for measuring the progress of the Federal Government with respect to improving conditions for innovation, including through talent development, investment, and infrastructure improvements; and

      (6) submitting to the President and Congress an annual report on such progress.

    (c) Membership and Coordination-

      (1) MEMBERSHIP- The Council shall be composed of the Secretary or head of each of the following:

        (A) The Department of Commerce.

        (B) The Department of Defense.

        (C) The Department of Education.

        (D) The Department of Energy.

        (E) The Department of Health and Human Services.

        (F) The Department of Homeland Security.

        (G) The Department of Labor.

        (H) The Department of the Treasury.

        (I) The National Aeronautics and Space Administration.

        (J) The Securities and Exchange Commission.

        (K) The National Science Foundation.

        (L) The Office of the United States Trade Representative.

        (M) The Office of Management and Budget.

        (N) The Office of Science and Technology Policy.

        (O) The Environmental Protection Agency.

        (P) The Small Business Administration.

        (Q) Any other department or agency designated by the President.

      (2) CHAIRPERSON- The Secretary of Commerce shall serve as Chairperson of the Council.

      (3) COORDINATION- The Chairperson of the Council shall ensure appropriate coordination between the Council and the National Economic Council, the National Security Council, and the National Science and Technology Council.

      (4) MEETINGS- The Council shall meet on a semi-annual basis at the call of the Chairperson and the initial meeting of the Council shall occur not later than 6 months after the date of the enactment of this Act.

    (d) Development of Innovation Agenda-

      (1) IN GENERAL- The Council shall develop a comprehensive agenda for strengthening the innovation and competitiveness capabilities of the Federal Government, State governments, academia,and the private sector in the United States.

      (2) CONTENTS- The comprehensive agenda required by paragraph (1) shall include the following:

        (A) An assessment of current strengths and weaknesses of the United States investment in research and development.

        (B) Recommendations for addressing weaknesses and maintaining the United States as a world leader in research and development and technological innovation, including strategies for increasing the participationof individuals identified in section 33 or 34 of the Science and Engineering Equal Opportunities Act (42 U.S.C. 1885a or 1885b) in science, technology, engineering, and mathematics fields.

        (C) Recommendations for strengthening the innovation and competitiveness capabilities of the Federal gGovernment, State governments, academia, and the private sector in the United States.

      (3) ADVISORS-

        (A) RECOMMENDATION- Not later than 30 days after the date of the enactment of this Act, the National Academy of Sciences, in consultation with the National Academy of Engineering, the Institute of Medicine, and the National Research Council, shall develop and submit to the President a list of 50 individuals that are recommended to serve as advisors to the Council during the development of the comprehensive agenda required by paragraph (1). The list of advisors shall include appropriate representatives from the following:

          (i) The private sector of the economy.

          (ii) Labor.

          (iii) Various fields including information technology, energy, engineering, high-technology manufacturing, health care, and education.

          (iv) Scientific organizations.

          (v) Academic organizations and other nongovernmental organizations workingin the area of science or technology.

          (vi) Nongovernmental organizations, such as professional organizations, that represent individuals identified in section 33 or 34 of the Science and Engineering Equal Opportunities Act (42 U.S.C. 1885a or 1885b) in the areas of science, engineering, technology, and mathematics.

        (B) DESIGNATION- Not later than 30 days after the date that the National Academy of Sciences submits the list of recommended individuals to serve as advisors, the President shall designate 50 individuals to serve as advisors to the Council.

        (C) REQUIREMENT TO CONSULT- The Council shall develop the comprehensive agenda requiredby paragraph (1) in consultation with the advisors.

      (4) INITIAL SUBMISSION AND UPDATES-

        (A) INITIAL SUBMISSION- Not later than 1 year after the date of the enactment of this Act, the Council shall submit to Congress and the President the comprehensive agenda required by paragraph (1).

        (B) UPDATES- At least once every 2 years, the Council shall update the comprehensive agenda required by paragraph (1) and submit each such update to Congress and the President.

    Technical Amendment- Section 101(b) of the High-Performance Computing Act of 1991 (15 U.S.C. 5511(b)) is amended by striking `an' in the first sentence andinserting `a distinct'. (f) (e) Optional Assignment- Notwithstanding subsection (a) and paragraphs (1) and (2)of subsection (c), the President may designate an existing council to carry out the requirements of this section.

SEC. 1202. INNOVATION ACCELERATION RESEARCH.007. NATIONAL COORDINATION OF RESEARCH INFRASTRUCTURE.

    (a) Program Established- The President, throughIdentification and Prioritization the head of eachDeficiencies in Federal Research Facilities- Each year the Director of the Office of Science and Technology Policy shall, through the National Science and Technology Council, identify and prioritize the deficiencies in research agency,facilities and major instrumentation located at Federal laboratories and national user facilities at academic institutions that are widely accessible for use by researchers in the United States. In prioritizing such deficiencies, the Director shall establishconsider research needs in areas relevant a program, be known as to the Innovation Accelerationspecific mission requirements of Federal agencies.

    (b) Planning for Acquisition, Refurbishment, and Maintenance of Research Program, to supportFacilities and promote innovationMajor Instrumentation- The Director shall, through the National Science and Technology Council, coordinate the planning by Federal agencies for the acquisition, refurbishment, and maintenance of research facilities and major instrumentation to address the deficiencies identified under subsection (a).

    (c) Report- The Director shall submit to Congress each year, together with documents submitted to Congress in support of the budget of the President for the fiscal year beginning in such year (as submitted pursuant to section 1105 of title 31, United States throughCode), a report, current as of the fiscal year ending in the year before such report is submitted, setting forth the following:

      (1) A description of the deficiencies in research infrastructure identified in accordance with subsection (a).

      (2) A list of projects and budget proposals of Federal research facilities, set forth by agency, for major instrumentation acquisitions can yield results with far-ranging or wide-ranging implications but that are considered too novelincluded in the budget proposal or span too diverse a range of disciplinesthe President.

      to (3) An explanation of how the projects and instrumentation acquisitions describedfare well in paragraph (2) relate to the traditional peer review process. Prioritydeficiencies and priorities identified pursuant to subsection (a).

SEC. 1008. SENSE OF CONGRESS ON INNOVATION ACCELERATION RESEARCH.

    (a) Sense of Congress on Support and Promotion of Innovation in the awardingUnited States- It is the sense of grants under this program shall be givenCongress that each Federal research agency should strive to support and promote innovation in the United States through high-risk, high-reward basic research projects that--

      (1) meet fundamental technologyical or scientific challenges;

      (2) involve multidisciplinary work; and

      (3) involve a high degree of novelty.

    (b) DepartmentSense of Congress on Setting Annual Funding Goals for Basic Research- Is and Agencies- (1) FUNDING GOALS- The President shall ensure that it is the goalsense of Congress that each Executive (as defined in section 105 of title 5, United States Code) agency that financeunds research in science, mathematicstechnology, engineering, and technologyor mathematics should set a goal of allocating an appropriate percentage to allocate approximately 8 percent of agency's total the annual basic and development research budget of such agency to funding research, including grants,high-risk, high-reward basic research projects described in subsection (a).

    under th(c) Report- Ee Innovation Acceleration Research Program. (2) ADMINISTRATION- (A) IN GENERAL- Not later than 90 days after the date of enactment of this Act, the head of each Executive agency participatingdescribed in the Innovation Acceleration Research Program under paragraph (1subsection (b) shall submit to the Congress each year, together with documents submitted to Congress in supportDirector of the Officebudget Science and Technology Policy and the Directorof of the Office of Management and BudgetPresident a plan implementing for the research program withfiscal year beginning in such Executive agency. An implementation plan may incorporate existing initiativesyear (as submitted pursuant to section 1105 of the Executive agencies that promote researchitle 31, United States Code), a report describing whether a funding goal in innovation as described in subsection (a).b) has been established, (B) REQUIRED METRICS- (i) IN GENERAL- The head of each Executive agency submitting an implementation plan pursuant to subparagraph (A) shall include metrics upon which grant funding decisions will be made and metrics for assessingif such a goal has been established, the successfollowing:

      (1) A description of such funding goal.

      (2) Whether such funding goal is being met by the grants awarded.agency.

      (ii) METRICS FOR (3) A description of activities supported by amounts allocated in accordance with such funding goal.

    (d) Definitions- In this section:

      (1) BASIC RESEARCH- The metrics developterm `ed under clause (i) to assess basic research programs shall assess management of' has the programs and shall not assess specific scientific outcomes of the research conducted bymeaning given such term in the programs.Office of Management and Budget Circular No. A-11.

      (C) GRANT DURATION AND RENEWALS- (2) EXECUTIVE AGENCY- The term ` (i) IN GENERAL- Any grants issued by an Executive agency under this' has the meaning given such term in section shall be 105 of title 5, United States Code.

for SEC. 1009. RELEASE OF SCIENTIFIC RESEARCH RESULTS.

    a p(a) Principleseriod not to exceed 3 years. (ii) EVALUATION- Not later than 90 days priorafter to the expirationdate a grant issued under this section, of the Executive agency that approvedenactment of this Act, the grant shall complete Directoran evaluation of the effectivenessOffice of Science and Technology Policy, in consultation with the grant based onDirector of the metrics established pursuant to subparagraph (B). In its evaluation,Office of Management and Budget and the Executive agencyheads of all Federal civilian agencies that conduct scientific research, shall consider the extentdevelop and issue an overarching set of principles to which the program funded by the grant metensure the goals of quality improvementcommunication and job creation.open exchange of data (iii) PUBLICATION OF REVIEW- The Executive agency shall publish and make availableresults to other agencies, policymakers, and the the review public of each grant approved pursuant to this section.research conducted by a scientist employed by a Federal civilian (iv) FAILURE TO MEET METRICS- Any grant that the Executive agency awardingn the grant determines has failed to satisfy anyprevent the intentional or unintentional suppression or distortion of such research findings. The principles shall encourage the metrics developed pursuant to subparagraph (B),open exchange of data and results of research undertaken by a scientist employed by such an agency and not shall be eligible for a renewal.consistent with existing Federal laws, including chapter 18 (v) RENEWAL- A grant issued under this section that satisfies all of title 35, United States Code (commonly known as the `Bayh-Dole Act'). The principles shall also take into consideration the metrics developed pursuant to subparagraph (B), maypolicies be renewed once for a period of not more than 3 years. Additional renewalpeer-reviewed scientific journals in which Federal scientists may be considered only ifcurrently publish results.

    (b) Implementation- Not later than 180 days after the headdate of the Executive agency makes a specific finding that the program being funded involves a significant technologyenactment or scientific advance that requires a longer time frame to complete critical research, and the research satisfies all the metrics developed pursuant to subparagraph (B). (vi) WAIVER- The head of this Act, the Executive agency may authorizeDirecto a waiver of the requirementOffice of clauses (iv)Science and (v) relatedTechnology Policy shall ensure that all civilian Federal agenci to satisfying metric requirements if he or she determines that conduct scientific research develop specific policies and procedures regarding the grant failedpublic release to meet a small number of metrdataics and the failure was not significant for the overall performanceresults the grant. (c) Definitions- In this section:(1) FEDERAL RESEARCH AGENCY- The term `Federal of research agency' means a major organizational component ofconducted by a department orscientist employed by such an agency of the Federal Government, or other establishment of the Federal Government operatingconsistent with appropriated funds, that has as its primary purpose the performance of scientific research.(2) MAJOR ORGANIZATIONAL COMPONENT- The term `major organizational component', respect to a department, agency, or other establishment of the Federal Government, means a component of with the department, agency, or other establishment tprinciples established under subsection (a). Such polices and procedures shall--

      (1) specifically address what is administered by an individual whose rate of basic paynd what is not less than the rate of basic pay payablepermitted or recommended under level Vsuch policies and procedures;

      (2) be specifically designed for each such agency;

      (3) be applied uniformly throughout each such agency; and

      (4) be widely communicated and readily accessible to all employees of each such agency and the Executive Schedule under section 5316 of title 5, United States Codepublic.

TITLE III--NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

SEC. 132001. NASA'S CONTRIBUTION TO INNOVATION.

    (a) Participation in Interagency Activities- The National Aeronautics and Space Administration shall be a full participant in any interagency effort to promote innovation and economic competitiveness through near-term and long-term basic scientific research and development and the promotion of science, technology, engineering, and mathematics education, consistent with the agencyNational Aeronautics and Space Administration's mission, including authorized activities.

    (b) Historic Foundation- In order to carry out the participation described in subsection (a), the Administrator of the National Aeronautics and Space Administration shall build on the historic role of the National Aeronautics and Space Administration in stimulating excellence in the advancement of physical science and engineering disciplines and in providing opportunities and incentivesfor the pursuit of academic studies in science, technology, engineering, and mathematics.

    (c) Balanced Science Program and Robust Authorization Levels- The balanced science program authorized by section 101(d) of the National Aeronautics and Space Administration Authorization Act of 2005 (42 U.S.C. 16611) shall be an element of the contribution by the National Aeronautics and Space Administration to such interagency programs.

    (d) Sense of Congress on Contribution of Appropriately Funded National Aeronautics and Space Administration- It is the sense of Congress that a robust National Aeronautics and Space Administration, funded at the levels authorized for fiscal years 2007 and 2008 under sections 202 and 203 of suchthe National Aeronautics and Space Administration Authorization Act of 2005 (42 U.S.C. 16631 and 16632) and at appropriate levels in subsequent fiscal years--

      (1) can contribute significantly to innovation in, and the competitiveness of, the United States;

      (2) would enable a fair balance among science, aeronautics, education, exploration, and human space flight programs an; and

      (3) would allow full participation in any interagency efforts to promote innovation and economic competitiveness.

    (de) Annual Report-

      (1) REQUIREMENT- The Administrator shall submit to Congress and the President an annual report describing the activities conducted pursuant to this section, including a description of the goalsand the objective metrics upon which funding decisions were made.

      (2) CONTENT- Each report submitted pursuant to paragraph (1) shall include, with regard to science, technology, engineering, and mathematics education programs, at a minimum, the following:

        (A) A description of each program.

        (B) The amount spent on each program.

        (C) The number of students or teachers served by each program.

    (D) Measurement(f) Assessment Plan- Not later than 1 year after the date of how eachthe enactment of this Act, the Administrator shall submit to Congress a report on its plan for instituting assessments of the effectiveness of the National Aeronautics and Space Administration's science, technology, engineering, and mathematics education programs in improving program improved student achievement, including with regard to challenging State achievement standards.

SEC. 1302. AERONAUTICS INSTITUTE FOR RESEARCH.2002. AERONAUTICS.

    (a) Establishment- Sense of Congress- It is the sense of Congress that the aeronautics research and development program (1) IN GENERAL- The Administrator of the National Aeronautics and Space Administration shall establish withinhas bee the Administration an Aeronautics Institute for Researchimportant contributor to innovation and to for the purposecompetitiveness managing the aeronautics research carried out by of the Administration.United States (2) DIRECTOR- The Institute shall be headed by a Director with appropriate experience in aeronautics research development. (b) Duties- The Institute shall implement the programs authorized under title IV of and the National Aeronautics and Space Administration Authorization Actshould maintain its capabilities to advance the state of 2005 (aeronautics.

    42 U.S.C. 16701(b et seq.). (c) Cooperation With Other Agencies- on Aeronautics Activities (1) IN GENERAL- The InstituteAdministrator shall operatecoordinate, as appropriate, the National Aeronautics and Space Administration's aeronautics activities in conjunction with relevant programs in the Department of Transportation, the Department of Defense, the Department of Commerce, and the Department of Homeland Security, including the activities of the Joint Planning and Development Office established the Vision 100--Century of Aviation Reauthorization Act (Public Law 108-176; 117 Stat. 2490). (2) RESOURCES- The Director of the Institute may accept assistance, staff, and funding from those Departments and other Federal agencies. Any such funding shall be in addition to funds authorized for aeronautics under the National Aeronautics and Space Administration Authorization Act of 2005 (Public Law 109-155). (3) OTHER COORDINATION- The Directorof the Institute may utilize the Next Generation Air Transportation Senior Policy Committee established under under section 71009 of the Vision 100--Century of Aviation Reauthorization Act (Public Law 108-176; 49 U.S.C. 40101117 Stat. 2582) note) to coordinate its programs with other Departments and agencies. (d) Partnerships- In developing and carrying out its plans, the Institute shall consult with the public and ensure the participation of experts from the private sector including representatives of commercial aviation, general aviation, aviation labor groups, aviation research and development entities, aircraft and air traffic control suppliers, and the space industry.

SEC. 132003. BASIC RESEARCH ENHANCEMENT.

    (a) In General- The Administrator of the National Aeronautics and Space Administration, the Director of the National Science Foundation, the Secretary of Energy, the Secretary of Defense, and Secretary of Commerce shall, to the extent practicable, coordinate and fundamental basic research activities related to physical sciences, technology, engineering, and mathematics.

    Establishment of (b) Basic Research Executive CouncilDefined- In order to ensure effective application of resources to basic this section,science activity and to facilitate cooperative basic and fundamental research activities with other governmental organizations, the Administrator of the National Aeronautics and Space Administration shall establish within the Administration a Basic Research Executive Council to oversee the distribution and management of programs and resources engaged in support of basic research activity. (c) Membership- The membershipof the Basic Research Executive Council shall consist of the most senior agency official representing each of the following areas of research: (1) Space Science. (2) Earth Science. (3) Life and Microgravity Sciences. (4) Aeronautical Research. (d) Leadership- The Basic Research Executive Council shall be chaired by an individual appointed for that purpose who shall have,as a minimum, a appropriate graduate degree in a recognizable disciplinein the physical sciences, and appropriate experience in the conduct and management of term `basic research activity. The Chairman of' has the Council shall report directly to the Administrator of the National Aeronautics and Space Administration. (e) Supporting Resources and Personnel- The Chairman of the Basic Research Executive Council shall be provided with adequate administrative staff support to conduct the activity and functions of the Council. (f) Duties- The Basic Research Executive Council shall have, at minimum, the following duties: (1) To establish criteria for the identificationmeaning given such term of research activity as basic in nature. (2) To establish, consultation with the in Office of Science and Technology Policy,Manage the National Science Foundation, the National Academy of Sciences, the National Institutes of Health, and other appropriate external organizations, a prioritization of fundamental research activity to be conducted by the National Aeronautics and Space Administration, to be reviewed and updated on an annual basis, taking into consideration evolving national research priorities. (3) To monitor, review, and evaluate all basic research activity of the National Aeronautics and Space Administration for compliance with basic research priorities established under paragraph (2). (4) To make recommendationsto the Administrator of the National Aeronautics and Space Administration regarding adjustments in the basic research activities of the Administration to ensure consistency with the research priorities established under this section. (5) To provide an annual report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science of the House of Representatives outlining the activities of the Council during the preceding year and the status of basic research activity within the Administration. The initial such report, to serve as a baseline document, shall be provided within 90 days after the establishment and initial operationBudget Circular No. A-11s of the Council.

SEC. 132004. AGING WORKFORCE ISSUES PROGRAM.

    It is the sense of Congress that the Administrator of the National Aeronautics and Space Administration should implement a program to address aging work force issues in aerospace that--

      (1) documents technical and management experiences before senior people leave the National Aeronautics and Space Administration, including--

        (A) documenting lessons learned;

        (B) briefing organizations;

        (C) providing opportunities for archiving lessons in a database; and

        (D) providing opportunities for near-term retirees to transition out early from their primary assignment in order to document their career lessons learned and brief new employees prior to their separation from the Administration;National Aeronautics and Space Administration;

      (2) provides incentives for retirees to return and teach new employees about their career lessons and experiences; and

      (3) provides for the development of an award to recognize and reward outstanding senior employees for their contributions to knowledge sharing.

SEC. 1305. CONFORMING AMENDMENTS.2005. SENSE OF CONGRESS REGARDING NASA'S UNDERGRADUATE STUDENT RESEARCH PROGRAM.

    Section 101(d)It of the National Aeronautics and Space Administration Authorization Act of 2005 (42 U.S.C. 16611(d)) amended-- (1) by striking `and' after is the semicolonnse of Congress that in paragraph (2)(B);order to generate interest (2) by striking `Act.' in paragraph (2)(C)careers in science, technology, engineering, and inserting `Act; and';mathematics and to help train (3) by adding at the endnext generation of paragraph (2)space and aeronautical scientists, technologists, engineers, and mathematicians the following:Administrator of `(D) the numberNational Aeronautics and contentSpace Administration should utilize the existing Undergraduate Student Research Program of science activities which are undertaken inthe National Aeronautics and Space Administration to support basic research projects on subjects of science missions described in subparagraph (A), andrelevance to the numberNational Aeronautics and content of science activities which maySpace Administration that--

      (1) are to be considered as fundamental,arried out primarily by undergraduate students; and

      or (2) combine undergraduate research with other research supportedbasic research, whether incorporated within specific missions or conducted independently of any specific mission.'; and (4) adding at by the endNational Aeronautics and Space Administration.

SEC. 2006. USE OF INTERNATIONAL SPACE STATION NATIONAL LABORATORY TO SUPPORT MATH AND SCIENCE EDUCATION AND COMPETITIVENESS.

    (a) Sense of paragraph (3)Congress- It is the following:sense of Congress `(H) How NASA science activities can best be structured to ensure that basicthe International Space Station National Laboratory offers unique opportunities for educational activities and fundamentalprovides a unique resource for can be effectively maintained and coordinated in response to national goals in competitiveness and innovation, research and development in contributing to national scientificscience, engineering technology, and mathematics leadership.'.engineering, which can enhance the global competitivenessSEC. 1306. FISCAL YEAR 2008 BASIC SCIENCE AND RESEARCH FUNDING. Notwithstanding any other provision law, of the United States.

    (b) Development of Educational Projects- The Administrator of the National Aeronautics and Space Administration shall increase funding for basic science and research, includingdevelop a detailed plan for implementation of 1 or more education projects that utilize the Explorer Program, for fiscal year 2008 by $160,000,000resources offered by transferring such amount for such purpose from accountshe International Space Station. In developing any detailed plan according to this paragraph, the Administrator shall make use of the National Aeronauticfindings and recommendations of the International Space Administration.Station National Laboratory Education Concept Development Task Force.

    (c) Development of Research Plans for Competitiveness Enhancement- The transfeAdministrator shall develop a detailed plan for identification and support of research to be contingent uponducted aboard the availabilityInternational Space Station, which offers the potential for enhancement of unobligated balancesUnited States competitiveness in science, technology, and engineering. In developing any detailed plan pursuant to this subsection, the National AeronauticAdministrator shall consult with agencies and entities with which cooperative agreements have been reached regarding utilization of International Space AdministrationStation National Laboratory facilities.

TITLE IVII--NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

SEC. 143001. AUTHORIZATION OF APPROPRIATIONS.

    (a) Scientific and Technical Research and Services-

      (1) LABORATORY ACTIVITIES- There are authorized to be appropriated to the Secretary of Commerce for the usescientific and technical research and services laboratory activities of the National Institute of Standards and Technology--

        (1) (A) $502,100,000 for fiscal year 2008;

        (B) $541,900,000 for fiscal year 2009; and

        (C) $584,800,000 for fiscal year 2010.

      (2) CONSTRUCTION AND MAINTENANCE- There are authorized to be appropriated to the Secretary of Commerce for construction and maintenance of facilities of the National Institute of Standards and Technology--

        (A) $150,900,000 for fiscal year 2008;(B) $86,400,000 for fiscal year 2009; and(C) $49,700,000 for fiscal year 2010.

    (b) Industrial Technology Services- There are authorized to be appropriated to the Secretary of Commerce for Industrial Technology Services activities of the National Institute of Standards and Technology--

      (1) $210,000,000 for fiscal year 2008, $703,611,000of which--

        (A) $100,000,000 shall be for the Technology Innovation Program under section 28 of the National Institute of Standards and Technology Act (15 U.S.C. 278n), of which $115at least $40,000,000 shall be for new awards; and

        (B) $110,000,000 shall used be for Hollings the Manufacturing Extension Partnership Program;program under sections 25 and 26 of the National Institute of Standards and Technology Act (15 U.S.C. 278k and 278l), of which not more than $1,000,000 shall be for the competitive grant program under section 25(f) of such Act;

      (2)(2) $253,500,000 for fiscal year 2009, $773,972,000of which--

        (A) $131,500,000 shall be for the Technology Innovation Program under section 28 of the National Institute of Standards and Technology Act (15 U.S.C. 278n), of which $122,005at least $40,000,000 shall be for new awards; and

        (B) $122,000,000 shall used be for Hollings the Manufacturing Extension Partnership Program; under sections 25 and 26 of the National Institute of Standards and Technology Act (15 U.S.C. 278k and 278l), of which not more than $4,000,000 shall be for the competitive grant program under section 25(f) of such Act; and