U.S. GOVERNMENT PUBLISHING OFFICE

WASHINGTON : 

1 

69–010 

" ! SENATE 

114TH CONGRESS

2d Session 

REPORT

2016

114–389 

Calendar No. 695 

AMERICAN INNOVATION AND 

COMPETITIVENESS ACT 

R E P O R T 

OF THE

COMMITTEE ON COMMERCE, SCIENCE, AND 

TRANSPORTATION 

ON

S. 3084 

DECEMBER 1, 2016.—Ordered to be printed 


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(II) 

SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION 

ONE HUNDRED FOURTEENTH CONGRESS

SECOND SESSION

JOHN THUNE, South Dakota, Chairman 

ROGER F. WICKER, Mississippi BILL NELSON, Florida 

ROY BLUNT, Missouri MARIA CANTWELL, Washington 

MARCO RUBIO, Florida CLAIRE MCCASKILL, Missouri 

KELLY AYOTTE, New Hampshire AMY KLOBUCHAR, Minnesota 

TED CRUZ, Texas RICHARD BLUMENTHAL, Connecticut 

DEB FISCHER, Nebraska BRIAN SCHATZ, Hawaii 

JERRY MORAN, Kansas ED MARKEY, Massachusetts 

DAN SULLIVAN, Alaska CORY BOOKER, New Jersey 

RON JOHNSON, Wisconsin TOM UDALL, New Mexico 

DEAN HELLER, Nevada JOE MANCHIN, West Virginia 

CORY GARDNER, Colorado GARY PETERS, Michigan 

STEVE DAINES, Montana 

NICK ROSSI, Staff Director 

ADRIAN ARNAKIS, Deputy Staff Director 

JASON VAN BEEK, General Counsel 

KIM LIPSKY, Democratic Staff Director 

CHRISTOPHER DAY, Democratic Deputy Staff Director 

CLINT ODOM, Democratic General Counsel 


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Calendar No. 695 

114TH CONGRESS REPORT " ! SENATE 2d Session 114–389 

AMERICAN INNOVATION AND COMPETITIVENESS ACT 

DECEMBER 1, 2016.—Ordered to be printed 

Mr. THUNE, from the Committee on Commerce, Science, and 

Transportation, submitted the following 

R E P O R T 

[To accompany S. 3084] 

The Committee on Commerce, Science, and Transportation, to 

which was referred the bill (S. 3084) to invest in innovation 

through research and development, and to improve the competitiveness of the United States, having considered the same, reports favorably thereon with an amendment (in the nature of a substitute) 

and recommends that the bill (as amended) do pass. 

PURPOSE OF THE BILL

The purpose of S. 3084 is to maximize the impact of basic research by reducing administrative burdens for researchers, advancing public-private partnerships, and enhancing agency oversight, 

and to promote science, technology, engineering, and math (STEM) 

education and increase research commercialization. 

BACKGROUND AND NEEDS

The United States is by far the largest investor in public and private research and development (R&D) among individual countries. 

Among individual countries in 2013, the United States was by far 

the largest investor in public and private R&D with $457 billion in 

purchasing power parity (27 percent of the global total), followed 

closely by China with $337 billion (20 percent), and Japan with 


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1 National Science Board (NSB), NSB-2016-1, Science and Engineering Indicators 2016 at O16, January 2016, at http://www.nsf.gov/statistics/2016/nsb20161/#/report/overview/science-andtechnology-in-the-world-economy. 2 Ibid at O-18. 

3 National Science Foundation, National Center for Science and Engineering Studies, NSF-16- 

311, Federal Funding for Research Increases by 6% in FY2014 at 1, April 2016, at http:// 

www.nsf.gov/statistics/2016/nsf16311/nsf16311.pdf. 4 Ibid. 

5 Ibid at 2. 

6 National Science Foundation, National Center for Science and Engineering Studies, NSF-15- 

329, Business R D Performance in the United States Increases over 6% in 2013 at 1, August 

2015, at http://www.nsf.gov/statistics/2015/nsf15329/nsf15329.pdf. 7 National Science Board, NSB-2014-01, Science and Engineering Indicators 2014 at O-5, January 2014, at https://www.nsf.gov/statistics/seind14/content/etc/nsb1401.pdf. 8 Congressional Research Service Report, RL32076, The Bayh-Dole Act: Selected Issues in Patent Policy and the Commercialization of Technology, at 13, December 2012. 9 ACT, The Condition of College Career Readiness 2015, at http://www.act.org/content/dam/act/ 

unsecured/documents/Condition-of-College-and-Career-Readiness-Report-2015-United-States.pdf. 10Organisation for Economic Co-operation and Development, Programme for International 

Student Assessment 2012, at http://www.oecd.org/pisa/keyfindings/PISA-2012-results-US.pdf. 

$160 billion (10 percent).1 Of that U.S. total, 61 percent was funded 

by the business sector.2

Federal research activities represented 47 percent of the $130 

billion in total government-funded R&D in 2014, while development represented 53 percent.3 Of that Federal research total, basic 

and applied research each comprised 50 percent in 2014.4 Specifically, National Science Foundation (NSF) research represented 8.6 

percent of all Federal research, while the NSF’s basic research 

total represented 15 percent of all Federal basic research.5 U.S. 

businesses by far outpaced government investments in R&D, 

spending $323 billion on domestic R&D in 2013, 82 percent of 

which was paid for from companies’ own funds.6

Despite growth in nominal measures of U.S. R&D, the U.S. share 

of global R&D, however, has experienced a substantial decline in 

recent years. Increases in Chinese R&D expenditures between 2001 

and 2013 cut into the U.S. share. As China’s share rose from 2.2 

percent to 20 percent, the U.S. share declined from 37 percent to 

27 percent of the global total during the same period.7 So even with 

rising total R&D expenditures in the United States, increases in 

foreign countries’ R&D efforts underscore the need to maximize investments to boost U.S. competitiveness. 

Beyond the overall investment figures, key policy issues and 

challenges present barriers to capitalizing on R&D expenditures. 

For instance, some observers have described a ‘‘valley of death’’ between basic research conducted at U.S. universities and the commercialization activities typically carried out by industry, since universities generally do not have the means of production necessary 

to take the results of initial research and generate marketable 

products. Many have argued that closer cooperation among industry, government, and academia could increase technology transfer, 

stimulate innovation, lead to new products and processes, and expand markets.8

In the area of STEM education, recent surveys and studies have 

shown that U.S. students are lagging behind students in other 

countries and not keeping pace with domestic industry demand in 

professional STEM fields. In 2015, only 38 percent of high school 

graduates were prepared for college coursework in science and only 

42 percent were ready for college-level math.9 In 2012, the United 

States ranked 21st in science and 26th in math scores among 34 

other countries.10


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11 Bureau of Labor Statistics, Occupational Outlook Quarterly, STEM 101: Intro to Tomorrow’s 

Jobs, at 6, 2014, at http://www.bls.gov/careeroutlook/2014/spring/art01.pdf. 12 Ibid. 13 Bureau of Labor Statistics, Monthly Labor Review, STEM Crisis or STEM Surplus? Yes and 

Yes, May 2015, at http://www.bls.gov/opub/mlr/2015/article/stem-crisis-or-stem-surplus-yes-andyes.htm#ledn8. 

Yet the need for U.S. workers with STEM skills is heightened in 

today’s global economy, and is projected to increase in the future. 

Overall, employment in STEM fields is projected to grow about 13 

percent between 2012 and 2022, compared to the 11 percent rate 

of growth projected for all occupations over the decade.11 Certain 

U.S. business sectors are particularly in need of an increased supply of qualified STEM workers: more than 200,000 job openings for 

software developers and applications are projected between 2012 

and 2022,12 and private sector STEM worker shortages currently 

exist in software development, as well as mobile application, data 

science, and manufacturing production.13

Given the substantial role R&D plays in the United States and 

global economy, Chairman Thune and Ranking Member Nelson established an Innovation and Competitiveness Working Group 

(Working Group) of the Committee, led by Senators Gardner and 

Peters, to develop and update Federal science and technology R&D 

and STEM education policies last authorized in the America COMPETES Reauthorization Act of 2010 (Public Law 111–358; 124 

Stat. 3982). The Working Group was tasked with developing bipartisan, consensus policy solutions that, even in times of modest 

growth in funding, could maximize the Federal investment in basic 

research, foster commercialization and tech transfer, and broaden 

participation in STEM fields. The Working Group convened a series 

of bipartisan roundtables to gather input from the U.S. science and 

research community. Members of the public and interested groups 

submitted input on the topics via email, and the Committee received over 250 emailed submissions. 

Common themes that arose from the roundtables and during development of the legislation included: support for continued investment by the Federal Government in basic research, as well as encouragement of wider participation in STEM subjects; stronger 

partnerships among government, the private sector, and academia 

that can better leverage discoveries emerging from research universities to drive innovation; and minimized barriers and improved incentives for universities and the private sector to better maximize 

the scientific and economic return on limited Federal research resources. S. 3084 draws on the input received, related bills, and policy recommendations made by entities such as the American Academy of Arts and Sciences, the Information Technology and Innovation Foundation, and the National Academy of Sciences. 

SUMMARY OF PROVISIONS

As amended, the bill would authorize appropriations for fiscal 

years (FYs) 2017 and 2018 for the NSF and the National Institute 

of Standards and Technology (NIST). 

The bill would codify the NSF’s efforts to improve transparency 

and accountability of its grants, and would update the NSF’s Experimental Program to Stimulate Competitive Research (EPSCoR). 

The bill also would direct NIST to conduct cybersecurity research 


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in certain areas, and update the interagency Networking and Information Technology Research and Development Program (NITRD 

Program). The bill also includes a number of sections implementing 

Committee oversight initiatives, including provisions which would 

direct the NSF to implement recommendations to improve oversight of its large scale research facilities construction, conflicts of 

interest policy, and management of its Antarctic research program. 

It would also direct NIST to implement recommendations to improve laboratory programs and campus security. 

The bill would establish an interagency working group led by the 

Office of Management and Budget (OMB) and Office of Science and 

Technology Policy (OSTP) to reduce administrative burdens on federally-funded researchers, and would require OMB and Federal 

agencies to update their policies to encourage engagement and dissemination of research by Federal researchers within the scientific 

community. The bill also would repeal a number of obsolete Federal agency reports and previous authorizations for programs and 

funding for programs that have not been implemented. 

The bill would update the NSF’s Robert Noyce Teacher Scholarship Program and require the National Aeronautics and Space Administration (NASA) to cap administrative costs for its Space 

Grant program. The bill also includes sections that would establish 

a STEM Education advisory panel of outside experts to inform decision-making on Federal STEM Education programs, and update direction to the OSTP’s existing Committee on STEM Education. The 

bill also would authorize and expand NSF grants to increase participation and expand STEM opportunities to women and underrepresented groups, as well as to research computer science education, and would establish an NSF Center of Excellence and an 

OSTP interagency working group to promote inclusion in STEM 

fields. 

The bill also would update and improve existing authority for 

Federal agencies to conduct prize competitions, and would build on 

this authority to allow agencies to utilize crowdsourcing and citizen 

science approaches to facilitate the agencies’ missions. The bill 

would update NIST’s Hollings Manufacturing Extension Partnership (Hollings MEP) Program for small and medium-sized businesses by adjusting the Federal cost share requirement and requiring oversight improvements, and would update the Department of 

Commerce’s Federal loan guarantee program for innovative technologies in manufacturing by implementing a Government Accountability Office (GAO) recommendation. 

The bill would authorize and expand the NSF’s Innovation Corp 

program to promote entrepreneurship and innovation, and authorize NSF commercialization grants to promote the commercialization of federally-funded research results. The bill also includes a 

sense of Congress regarding optics and photonics research and 

technologies, and would update NIST’s authority to enter into 

transactions with the private sector and NIST’s advisory committee 

membership requirements. 

LEGISLATIVE HISTORY

On June 22, 2016, S. 3084, the American Innovation and Competitiveness Act was introduced by Senators Gardner, Peters, 


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Thune, and Nelson, and was referred to the Committee on Commerce, Science, and Transportation. 

The Committee held a related hearing entitled ‘‘Leveraging the 

U.S. Science and Technology Enterprise’’ on May 11, 2016, and received testimony from: Dr. Kelvin Droegemeier, Former Vice Chair, 

National Science Board and Vice President for Research, University of Oklahoma; Dr. Jeannette Wing, Corporate Vice President for 

Research, Microsoft and Member, Committee on New Models for 

U.S. Science and Technology Policy, American Academy of Arts and 

Sciences; Dr. Robert Atkinson, President, Information Technology 

and Innovation Foundation; and Dr. David Munson, Robert J. 

Vlasic Dean of Engineering, College of Engineering, University of 

Michigan. The hearing had been informed by three Working Group 

meetings in Washington D.C., in addition to several meetings held 

by Senators Gardner and Peters in their respective States. 

A related bill, H.R. 1806, the America COMPETES Reauthorization Act of 2015, passed in the House of Representatives on May 

20, 2015, by a vote of 217-205. H.R. 1806 was introduced by Representatives Smith (R-TX), Lucas (R-OK), Comstock (R-VA), Weber 

(R-TX), Moolenaar (R-MI), Palazzo (R-MS), Hultgren (R-IL), Knight 

(R-CA), Babin (R-TX), and Loudermilk (R-GA) on April 15, 2015, 

and was reported out of the Committee on Science, Space and 

Technology of the House of Representatives on May 8, 2015. 

On June 29, 2016, the Committee on Commerce, Science, and 

Transportation of the Senate met in open Executive Session to consider S. 3084 and ordered, by voice vote, that the bill be reported 

favorably with an amendment (in the nature of a substitute). 

Senators Gardner and Peters filed a substitute amendment adding authorizations of appropriations for FY 2017 and FY 2018 for 

the NSF and NIST to provide a 4 percent increase from FY 2017 

to FY 2018. The substitute amendment also makes other minor 

and technical changes to S. 3084. 

The following first degree amendments also were adopted by 

voice vote: 

• Senators Blumenthal and Klobuchar sponsored a first degree amendment, as modified, to improve the competitiveness 

of U.S. manufacturing by designating and supporting manufacturing communities. 

• Senator Booker sponsored a first degree amendment to update goals and metrics for the National Oceanic and Atmospheric Administration’s (NOAA) science education programs. 

• Senator Cantwell sponsored a first degree amendment, as 

modified, to require the NSF to review participation in NSF activities of underrepresented groups in STEM disciplines, and to 

make recommendations to improve outreach and inclusion of 

these groups. 

• Senator Daines sponsored two first degree amendments: 

one to provide opportunities for computer science fellowships 

under the Robert Noyce Teacher Scholarship Program and to 

provide grant opportunities for mentoring programs in computer science; and another, as modified, to require the NSF Inspector General to audit the NSF’s policies and procedures governing pass-through entities with respect to grant sub-recipients. 


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• Senator Klobuchar sponsored three first degree amendments: to provide for an increased micro-purchase threshold for 

procurement solicitations by research institutions; to require 

the NSF to give consideration to recommendations from organizations representing underrepresented groups in STEM fields 

when selecting members of the STEM Education Advisory 

Panel; and to allow for research to be conducted under the 

NSF’s Robert Noyce Teacher Scholarship Program to better understand factors relevant to teacher retention from underrepresented groups. • Senator Markey sponsored a first degree amendment to 

authorize the NSF to award competitive, merit-reviewed grants 

to support a national partnership of institutions involved in informal STEM learning. • Senator Moran sponsored a first degree amendment, as 

modified, to increase the authorization of appropriations in FY 

2017 and FY 2018 for the Economic Development Administration’s Regional Innovation Program. • Senator Schatz sponsored a first degree amendment, as 

modified, to authorize the development of a STEM apprenticeship grant program at the Department of Commerce. • Senator Wicker sponsored a first degree amendment, as 

modified, to authorize the NSF to award translational research 

grants for proof of concept and prototype development in partnership with academia to advance technologies. 

ESTIMATED COSTS

In accordance with paragraph 11(a) of rule XXVI of the Standing 

Rules of the Senate and section 403 of the Congressional Budget 

Act of 1974, the Committee provides the following cost estimate, 

prepared by the Congressional Budget Office: 

S. 3084—American Innovation and Competitiveness Act 

Summary: S. 3084 would amend current law and authorize the appropriation of about $17.3 billion over the 2017–2018 period for 

the operations of the National Science Foundation (NSF) and the 

National Institute of Standards and Technology (NIST). 

Assuming appropriation of the specified and estimated amounts, CBO estimates that implementing the legislation would cost $16.4 

billion over the 2017–2021 period and $0.9 billion after 2021. 

CBO also estimates that enacting S. 3084 would increase direct spending by $25 million over the 2017–2026 period because enacting the legislation would authorize NIST to enter into enhanceduse leasing arrangements. Because enacting the bill would increase 

direct spending, pay-as-you-go procedures apply. Enacting S. 3084 

would not affect revenues. 

CBO estimates that enacting S. 3084 would not increase net di- rect spending or on-budget deficits by more than $5 billion in any 

of the four consecutive 10-year periods beginning in 2027. 

S. 3084 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act (UMRA) 

and would impose no costs on state, local, or tribal governments. 

Estimated cost to the Federal Government: The estimated budgetary effects of S. 3084 are shown in the following table. The costs 

of this legislation fall within budget functions 250 (general science, 


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space, and technology), 300 (natural resources and environment), 

370 (commerce and housing credit), and 800 (general government). 

By fiscal year, in millions of dollars— 

2017 2018 2019 2020 2021 2017– 

2021 

INCREASES IN SPENDING SUBJECT TO APPROPRIATION 

NSF Reauthorization: 

Authorization Level ........................................................................ 7,510 7,810 0 0 0 15,320 

Estimated Outlays ......................................................................... 1,532 4,612 4,777 2,401 1,087 14,409 

NIST Reauthorization: 

Authorization Level ........................................................................ 974 1,013 0 0 0 1,987 

Estimated Outlays ......................................................................... 750 985 232 20 0 1,987 

Other Provisions: 

Estimated Authorization Level ....................................................... 4 4 3 2 1 14 

Estimated Outlays ......................................................................... 4 4 3 2 1 14 

Total Spending Under S. 3084: 

Estimated Authorization Level .............................................. 8,488 8,827 3 2 1 17,321 

Estimated Outlays ................................................................ 2,286 5,601 5,012 2,423 1,088 16,410 

INCREASES IN DIRECT SPENDING a

Estimated Budget Authority ................................................................... 0 3 3 4 4 14 

Estimated Outlays .................................................................................. 0 * 1 1 3 5 

Notes: NSF = National Science Foundation; NIST = National Institute of Standards and Technology; * = less than $500,000. 

a CBO estimates that direct spending would increase under S. 3084 by $25 million over the 2017–2026 period. 

Basis of estimate: For this estimate, CBO assumes S. 3084 will 

be enacted near the end of calendar year 2016 and that the necessary amounts will be appropriated for each fiscal year. Estimated 

outlays are based on historical spending patterns for existing programs. 

Spending subject to appropriation 

The bill would authorize specific amounts for 2017 and 2018 for 

both the NSF and NIST. In addition, the bill would affect spending 

by other agencies. 

National Science Foundation Reauthorization. S. 3084 would authorize the appropriation of $7.5 billion in 2017 and $7.8 billion in 

2018 for the National Science Foundation to carry out current activities, expand grant programs, and update policies affecting 

project oversight, conflicts of interest, and transparency and accountability. In 2016, NSF programs received an appropriation of 

$7.5 billion. CBO estimates that this provision would cost $14.4 billion over the 2017–2021 period and $0.9 billion after 2021. 

National Institute of Standards and Technology Reauthorization. 

S. 3084 would authorize the appropriation of $974 million in 2017 

and $1.0 billion in 2018 to NIST for agency operations. The agency’s appropriation for 2016 was $964 million. CBO estimates that 

implementing S. 3084 would cost $750 million in 2017 and $2.0 billion over the 2017–2021 period. 

Other Provisions. CBO estimates that implementing a variety of 

other provisions of S. 3084 would require other agencies including 

the Department of Commerce (DOC), the Office of Science and 

Technology Policy, and the Office of Management and Budget to 

modestly increase spending. Those provisions would require those 

agencies to provide additional reports to the Congress related to 

federal research; codify and expand the responsibilities of some 

interagency working groups; and require DOC to directly manage 

the law enforcement and security programs for NIST. Finally, the 


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bill would require DOC to establish new programs to promote 

science, technology, engineering, and math (STEM) education, and 

to expand current grant programs to include awards to develop and 

expand STEM apprenticeships. Based on an analysis of information 

from the affected agencies, CBO estimates that implementing those 

provisions would cost $14 million over the 2017–2021 period. 

Direct spending 

Under current law, NIST is authorized to lease real property 

from nonfederal entities. Section 403 would expand that authority 

by authorizing the agency to lease certain federally owned property 

to non-federal entities. Those expanded authorities would be similar to the enhanced-use leasing authorities used by other agencies, 

including the Departments of Defense and Veterans Affairs. 

CBO expects that NIST would use the expanded leasing authority in a manner similar to other agencies. Acting in the dual roles 

of lessor (of the land) and lessee (of facilities built on the land), 

those agencies have secured private financing to construct and renovate federal buildings and other infrastructure. Such leasing arrangements commit an agency to paying for the new facility or renovation of an existing facility at the time it enters into the leasing 

agreement even if the agency does not have an advance appropriation to cover the full costs of such a lease. Consequently, CBO believes that the full cost of such transactions should be recorded at 

the time an agency enters into such a leasing agreement. 

NIST currently owns sites in Maryland and Colorado that operate as the agency’s main campuses, as well as two field sites. NIST 

currently has a backlog of $350 million in basic repairs at its facilities and reports that the facilities needing repairs are, on average, 

58 years old. In recent years, the agency has undertaken building 

renovations and expansions on both of its campuses with costs 

ranging from approximately $25 million to $322 million. According 

to NIST, the agency has entered into one short-term lease agreement in recent years. 

Based on information from NIST about its plans to use the expanded leasing authority, CBO estimates that NIST would use that 

authority to finance facility upgrades valued at about $35 million— 

roughly 10 percent of its current maintenance backlog—resulting in 

$25 million in spending over the 2017–2026 period. 

Pay-As-You-Go considerations: The Statutory Pay-As-You-Go Act 

of 2010 establishes budget reporting and enforcement procedures 

for legislation affecting direct spending or revenues. The net 

changes in outlays that are subject to those pay-as-you-go procedures are shown in the following table. 

CBO ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR S. 3084, AS ORDERED REPORTED BY THE 

SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION ON JUNE 29, 2016 

By fiscal year, in millions of dollars— 

2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2017– 

2021 

2017– 

2026 

NET INCREASE IN THE DEFICIT 

Statutory Pay-As-You-Go Impact ............... 0 0 1 1 3 3 4 4 4 5 5 25 


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Increase in long-term direct spending and deficits: CBO estimates that enacting S. 3084 would not increase net direct spending 

or on-budget deficits by more than $5 billion in any of the four consecutive 10-year periods beginning in 2027. 

Intergovernmental and private-sector impact: S. 3084 contains no 

intergovernmental or private-sector mandates as defined in UMRA. 

The bill would benefit state and local governments, public universities, and research and manufacturing centers by authorizing financial and technical assistance in STEM-related fields for those 

entities. Any costs incurred by those entities, including cost-sharing 

contributions, would be incurred voluntarily. 

Previous CBO estimate: On September 16, 2016, CBO transmitted a cost estimate for H.R. 5636, the National Institute of 

Standards and Technology Campus Security Act, as passed by the 

House of Representatives on July 11, 2016. A provision in S. 3084 

is similar to H.R. 5636 and CBO’s estimate of the budgetary effects 

of each is the same. 

Estimate prepared by: Federal costs: Tiffany Arthur (NSF), Stephen Rabent (NIST and DOC), Matthew Pickford (Office of Science 

and Technology Policy); Impact on state, local, and tribal governments: Jon Sperl; Impact on the private sector: Paige Piper-Bach. 

Estimate approved by: H. Samuel Papenfuss, Deputy Assistant 

Director for Budget Analysis. 

REGULATORY IMPACT

In accordance with paragraph 11(b) of rule XXVI of the Standing 

Rules of the Senate, the Committee provides the following evaluation of the regulatory impact of the legislation, as reported: 

NUMBER OF PERSONS COVERED

The bill would cover institutions of higher education, principal 

investigators, and other research grant recipients that are already 

subject to the policies and procedures of the NSF, NIST, NASA, 

NOAA, and the Department of Commerce as a condition of receiving an award from one of these agencies. The bill also would cover 

newly eligible entities such as nonprofit organizations that apply 

voluntarily for expanded or new grant programs authorized under 

the bill. 

ECONOMIC IMPACT

The bill would authorize additional spending by the Federal Government. Under the bill, authorizations of appropriations for the 

NSF and NIST would increase by 4 percent from FY 2017 to FY 

2018. This increase in funding for R&D, manufacturing, and STEM 

education is intended to stimulate and incentivize U.S. innovation 

and economic investment by private companies in areas such as 

commercialization of federally-funded research results, increased 

manufacturing output, and STEM worker hiring. The requirements 

to streamline and reduce administrative burdens and to advance 

public-private partnerships under the bill may also result in economic efficiencies to institutions of higher education and other organizations that receive Federal research grants. 


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PRIVACY

The bill would impact the personal privacy of individuals who 

voluntarily apply to receive certain grants from the NSF, NIST, 

NASA, NOAA, and the Department of Commerce. The bill could potentially lead to updated requirements reducing impacts on personal privacy based on the directive for an interagency working 

group to reduce administrative burdens for federally-funded researchers. 

PAPERWORK

The bill would not significantly increase paperwork requirements 

for private individuals, institutions of higher education, or nonprofit organizations. In fact, the bill could potentially lead to a decrease in paperwork requirements for these entities based on the 

bill’s directive for an interagency working group to reduce administrative burdens for recipients of Federal research grants. The bill 

would require the NSF, NIST, the OSTP, NASA, other Federal 

agencies, and relevant advisory committees to produce 18 reports, 

strategic plans, and audits, some of which are updated existing reports, and some of which are required annually or periodically 

based on certain circumstances. The bill also repeals six reporting 

requirements for certain agencies, including the NSF and NIST. 

CONGRESSIONALLY DIRECTED SPENDING

In compliance with paragraph 4(b) of rule XLIV of the Standing 

Rules of the Senate, the Committee provides that no provisions 

contained in the bill, as reported, meet the definition of congressionally directed spending items under the rule. 

SECTION-BY-SECTION ANALYSIS

Section 1. Short title; table of contents. 

This section would provide the short title and table of contents 

for the legislation. 

Section 2. Definitions. 

This section would provide definitions for the following terms 

used throughout the legislation: appropriate committees of Congress; Federal science agency; Foundation; institution of higher 

education; NIST; STEM; and STEM education. 

Section 3. Authorizations of appropriations. 

This section would authorize appropriations for FY 2017 and FY 

2018. 

Title I – Maximizing Basic Research 

Section 101. Reaffirmation of merit-based peer review. 

This section would express a sense of Congress that NSF’s intellectual merit and broader impacts criteria remain appropriate for 

evaluating grant proposals, and would require the NSF to maintain 

these criteria as the basis for evaluating grant proposals. This section also would require the NSF to submit a report to the approVerDate Sep 11 2014 07:42 Dec 04, 2016 Jkt 069010 PO 00000 Frm 00012 Fmt 6659 Sfmt 6602 E:\HR\OC\SR389.XXX SR389

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priate committees of Congress if a change is made to the merit-review process. 

Section 102. Transparency and accountability. 

This section would find that the NSF has improved transparency 

and accountability within the merit review process, and would require the NSF to issue and periodically update policy guidance 

clarifying the importance of transparency and accountability and 

requiring specific elements in its published grant abstracts. This 

section also would require the National Science Board to conduct 

an examination of the NSF’s efforts to improve transparency and 

accountability within the merit-review process and issue a report 

to Congress no later than 6 months after enactment. 

Section 103. EPSCoR reaffirmation and update. 

This section would provide a sense of Congress regarding 

EPSCoR, and would require award structure and congressional reporting updates based on recommendations of previous EPSCoR reviews to maximize the impact of Federal EPSCoR support on building competitive research infrastructure. Finally, this section would 

amend existing law to change the name of EPSCoR from the ‘‘Experimental Program to Stimulate Competitive Research’’ to the 

‘‘Established Program to Stimulate Competitive Research or a ‘‘program similar to the Established Program to Stimulate Competitive 

Research at another Federal agency.’’ 

Section 104. Cybersecurity research. 

This section also would amend existing law to direct the NSF to 

include the security of election-dedicated voting system software 

and hardware, and the role of the human factor in cybersecurity 

as specific research areas to consider when awarding grants for 

basic research. 

Additionally, this section would instruct NIST, in coordination 

with the Department of Homeland Security, to continue to raise 

public awareness of the voluntary, industry-led cybersecurity 

standards and best practices for critical infrastructure, otherwise 

called the NIST Framework for Improving Critical Infrastructure 

Cybersecurity. 

NIST also would be required: to research information systems for 

future cybersecurity needs; to coordinate a process with relevant 

stakeholders on standards and guidance for these future needs, including encryption responses to quantum computers; and to provide 

recommendations for a secure and smooth transition to these 

standards. 

Finally, this section would amend existing law to authorize NIST 

to research the security of computers, computer networks, and computer data storage used in voting systems. 

Section 105. Networking and information technology research and 

development update. 

This section would amend existing law to update the NITRD Program, the multiagency effort to coordinate advanced information 

technology R&D. The amendment made by this section would adopt 

a number of recommendations from the President’s Council of Advisors on Science on Technology to add a focus on research on the 


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human-computer interaction, cyber-physical systems, and cybersecurity. 

It also would amend existing law to direct periodic reviews of the 

NITRD Program, require strategic plans to guide near-term and 

long-term research activities, and emphasize coordination of such 

research activities amongst agencies, industry, laboratories, universities, international partners, and others. 

Amendments made by this section would update and make current a number of technical references to the NITRD Program. 

Section 106. High-energy physics coordination. 

This section would require the Physical Science Subcommittee of 

the National Science and Technology Council (NSTC) to define and 

continue to coordinate Federal efforts related to high-energy physics research in order to maximize the efficiency and effectiveness 

of U.S. investment. This section would outline the responsibilities 

of the subcommittee, which would include providing recommendations on planning for construction and on research coordination, establishing goals and priorities, proposing methods for engagement 

with agencies and Federal laboratories, and developing and updating as necessary a strategic plan to guide Federal programs and activities in support of high-energy physics research. 

Section 107. Laboratory program improvements. 

This section would require NIST to develop and implement a 

comprehensive strategic plan for laboratory programs that expands: interactions with academia, international researchers, and 

industry; and commercial and industrial applications. The plan 

would be required to include performance metrics for the dissemination of research results, and document positive benefits of research for industry. 

Section 108. International activities. 

This section would amend existing law to improve NIST’s ability 

to directly support activities of international organizations that cooperate with NIST to advance measurement standards. 

Section 109. Standard Reference Data Act Update. 

This section would amend existing law to update the outdated 

definition for ‘‘standard reference data’’ to make it relevant and applicable to the 21st Century. 

Section 110. NSF mid-scale project investments. 

This section would express the sense of Congress that the addition of a competitive mid-scale funding opportunity that includes 

research, instrumentation, and infrastructure is essential to the 

NSF’s portfolio and advancing scientific understanding. This section would require the NSF to evaluate the existing and future 

needs, across all disciplines supported by the NSF, for mid-scale 

project research, instrumentation, and infrastructure. Further, this 

section would require the NSF to develop a strategy to meet the 

existing and future needs for mid-scale projects and to provide a 

briefing on the evaluation and strategy to the appropriate committees of Congress not later than 180 days after the date of enactment. 


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Section 111. Oversight of NSF large-scale research facility projects. 

This section would strengthen oversight and accountability over 

the NSF’s large-scale research facility projects funded by the major 

research equipment and facilities construction account in order to 

maximize research investment. The NSF Inspector General and 

National Academy of Public Administration have identified recommendations to improve oversight of such projects, and this section would require oversight progress updates from the NSF on the 

response to and implementation of those recommendations. 

This section would take several steps to establish policies, procedures, and requirements for the planning, management, and oversight of such projects. It also would require the full-life cycle cost 

be considered in pre-award analysis, the proposed budget and accounting systems be analyzed, an independent cost estimate be 

conducted and reviewed, and major issues be resolved prior to 

project approval. The NSF also would be directed to strengthen 

contingency control and require periodic external reviews on project 

management, reliable accounting systems, and annual incurred 

cost submissions. To ensure any financial issues are identified earlier in the process, the section also would require incurred cost audits at least once during construction at a time to be determined 

based on risk analysis and length of the award (except that the 

length of time between audits may not exceed 3 years) and again 

at the completion of the construction phase. 

Section 112. Conflicts of interest. 

This section would require the NSF to take steps to update its 

conflicts of interest policy and procedures to better document and 

manage known conflicts of interest of individuals on temporary assignment at the agency. 

Section 113. Management of the NSF Antarctic Program. 

This section would require the Director of the NSF to continue 

to review the agency’s efforts to sustain and strengthen scientific 

efforts in the face of logistical challenges for the U.S. Antarctic Program and to brief Congress on the ongoing review not later than 

180 days after the date of enactment. 

Section 114. NIST campus security. 

This section would direct the Department of Commerce Office of 

Security to manage the law enforcement and security programs of 

NIST through an assigned Director of Security for NIST. Additionally, this section would require the Director of Security for NIST 

to provide, quarterly at first and then annually thereafter, an activities and security report to the Under Secretary for Standards 

and Technology. 

Section 115. Federal coordination of sustainable chemistry research 

and development. 

This section would express the sense of Congress that the science 

of chemistry is vital to improving the quality of human life and 

would highlight the myriad of positive benefits that a coordinated 

national effort on sustainable chemistry would provide for both 

human beings and the United States Government. 


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This section would direct the OSTP to establish an entity under 

the NSTC that would be responsible for coordinating Federal programs and activities in support of sustainable chemistry. 

Further, this section would require this new entity to submit a 

5-year strategic plan which would include a summary of federally 

funded sustainable chemistry research, a summary of the financial 

resources allocated to sustainable chemistry activities, an evaluation of best practices and coordination among participating agencies, and a framework for advancing sustainable chemistry to certain congressional committees and the GAO. 

Finally, this section would authorize the NSF to continue to 

carry out the Sustainable Chemistry Basic Research program. 

Title II – Administrative Burden and Regulatory Reduction 

Section 201. Interagency Working Group on Research Regulation. 

This section would require the OMB, in conjunction with the 

OSTP, to establish a working group to reduce administrative burdens on federally funded researchers while protecting the public interest in the transparency and accountability for federally funded 

activities. The working group would be required to regularly review 

relevant, administration-related regulations imposed on federally 

funded researchers and make recommendations on regulations or 

processes that may be eliminated, streamlined, or otherwise improved. 

This section also would require the working group to conduct a 

comprehensive review of Federal science agency grant proposal documents and develop, to the extent practicable, a simplified, uniform 

grant format to be used by all Federal science agencies. Further, 

this section would require the working group to establish a central 

repository to house assurances required for Federal research 

grants. 

Further, the working group would be required to conduct a comprehensive review of mandated progress reports for federally funded research and develop a strategy to simplify investigator progress 

reports. Finally, not later than 1 year after enactment, and annually thereafter, the working group periodically would be required to 

submit to the appropriate committees of Congress a report on its 

responsibilities and its recommendations. 

Section 202. Scientific and technical collaboration. 

This section would: highlight that it is the policy of the United 

States to encourage broad dissemination of Federal research findings and engagement of Federal researchers with the scientific and 

technical community; and authorize laboratory, test center, field 

center, and other similar heads of offices to approve scientific and 

technical workshop attendance provided that the attendance would 

meet the mission of the laboratory or test center and that sufficient 

laboratory or test center funds are available for that purpose. 

This section also would require the Director of OMB, in consultation with the Director of the OSTP and the heads of other relevant 

Federal science agencies, to revise current policies and streamline 

processes for attendance at scientific and technical workshops 

while ensuring appropriate oversight, accountability, and transparency. 


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Finally, this section would amend existing law to authorize NIST 

to host, participate in, and support scientific and technical workshops. 

Section 203. NIST grants and cooperative agreements update. 

This section would amend section 8(a) of the Stevenson-Wydler 

Technology Innovation Act of 1980 (15 U.S.C. 3706(a)) to repeal the 

limit on the total amount of any grant or cooperative agreement 

under that Act. 

Section 204. Repeal of certain obsolete reports. 

The amendments made by this section would update or eliminate 

outdated NSF, NIST, and multiagency reports to Congress that are 

currently required by law. 

Section 205. Repeal of certain provisions. 

The amendments made by this section would repeal certain authorizations in current law that are no longer beneficial or relevant 

for the functioning of the Federal science agencies. 

Section 206. Grant subrecipient transparency and oversight. 

This section would require the NSF Inspector General to prepare 

and submit to the appropriate committees of Congress an audit of 

the NSF’s policies and procedures governing the monitoring of 

pass-through entities with respect to subrecipients not later than 

1 year after the date of enactment. This audit would include information regarding the NSF’s process to oversee the compliance of 

pass-through entities, whether pass-through entities have processes 

and controls in place regarding financial compliance of subrecipients, and whether pass-through entities have processes and controls in place to maintain approved grant objectives for subrecipients. This audit would also include any recommendations to increase the transparency and oversight of the selection process, 

grant objectives, and financial oversight of the pass-through entities, while balancing administrative burdens. 

Section 207. Micro-purchase threshold for procurement solicitations 

by research institutions. 

This section would provide for an increase in the micro-purchase 

threshold for procurement solicitations by research institutions and 

would require revisions to the Uniform Guidance to conform to this 

new provision. 

Title III – Science, Technology, Engineering and Math Education 

Section 301. Robert Noyce Teacher Scholarship Program update. 

This section would amend existing law to require the NSF to develop and implement practices for increasing the retention of teachers funded under the Robert Noyce Teacher Scholarship Program. 

Section 302. Space grants. 

This section would express the sense of Congress that the National Space Grant College and Fellowship Program has been an 

important program by which the Federal Government has 

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tions to provide hands-on STEM experiences, fostering of multidisciplinary space research, and supporting graduate fellowships in 

space-related fields, among other purposes. 

This section would amend existing law to require NASA to maximize appropriated funds for grants and contracts made under this 

program and to limit program administration costs to no more than 

5 percent of funds appropriated for this program. For any FY in 

which NASA cannot meet its cost target for this program or cannot 

limit program costs, the Administrator of NASA would be required 

to submit a report to the appropriate committees of Congress, including a description of why NASA did not meet the cost target and 

the measures the Administrator of NASA will take in the next FY 

to meet the cost target without drawing on other Federal funding. 

Section 303. STEM Education Advisory Panel. 

This section would direct the NSF, the Department of Education, 

NASA, and NOAA to establish a STEM Education Advisory Panel 

(Advisory Panel) consisting of at least 11 individuals to be appointed in accordance with certain criteria within 180 days of the 

date of enactment. The Advisory Panel would advise the Committee on STEM Education (CoSTEM) on matters relating to 

STEM education and would be required to periodically assess 

CoSTEM’s progress in carrying out its responsibilities. Further, 

this section would require the Advisory Panel to make recommendations to improve Federal STEM education programs and 

activities and would be required to report, not later than 1 year 

after the date of enactment and every 3 years thereafter, to 

CoSTEM and the appropriate committees of Congress on its assessments and its recommendations. 

Section 304. Committee on STEM Education. 

The amendments made by this section would update previous 

law regarding the duties of the Committee on STEM Education and 

would update the responsibilities of the OSTP related to CoSTEM. 

Section 305. Grant programs to expand STEM opportunities. 

This section would express the sense of Congress that the United 

States must broaden participation in STEM fields in an effort to 

keep up with the growing demand for STEM-skilled workers. This 

section also would authorize the NSF to continue to award grants 

to eligible entities, on a merit-reviewed, competitive basis, under 

existing programs targeting broadening participation, and further 

would outline the authorized activities for which these grants may 

be used. 

Further, this section would authorize specific grants to be used 

for research to advance the engagement of students, in grades kindergarten through eighth, particularly those who are members of 

groups underrepresented in STEM fields, and would outline the authorized activities for which these grants may be used. This section 

also would require the NSF to evaluate the grants provided under 

this section not later than 5 years after the date of enactment and, 

no later than 180 days after the completion of this evaluation, 

would require the NSF to submit to Congress and make widely 

available to the public a report that includes the results of the 


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evaluation and any recommendations for administrative and legislative action that could optimize the effectiveness of the program. 

Section 306. Centers of excellence for inclusion in STEM. 

This section would direct the NSF to carry out a program to 

award merit-reviewed, competitive grants to institutions of higher 

education and to establish not less than one Center of Excellence 

to collect, maintain, and disseminate information to increase participation of women and groups underrepresented in STEM fields. 

The purpose of this Center would be to promote faculty diversity 

in STEM fields by building on the success of the Inclusion across 

the Nation of Communities of Learners of Underrepresented Discoverers in Engineering and Science (INCLUDES) programs, providing technical assistance, maintaining best practices, and providing related training at federally-funded academic institutions. 

Section 307. NIST education and outreach. 

This section would amend existing law to authorize NIST to revise its procedures to expend funds appropriated for its activities 

to support, promote, and coordinate activities and efforts to enhance public awareness and understanding of measurement 

sciences, standards and technology at the national measurement 

laboratories, and otherwise in fulfillment of its mission. 

The amendments made by this section also would authorize 

NIST to revise the procedures it uses when making appointments 

to laboratory positions and to establish a volunteer program to 

carry out some of its programs. 

Additionally, the amendments made by this section would: authorize NIST to expend appropriated funds for research fellowship 

awards; and would instruct NIST to establish and conduct a postdoctoral fellowship program. The amendments made by this section 

also would authorize NIST: to facilitate education programs for undergraduate and graduate students and academic and industry 

workers; to sponsor summer internships for high school teachers as 

appropriate; to develop programs for graduate student internships 

and visiting faculty researchers; to document publications, presentations, interactions with visiting researchers and sponsoring interns as metrics for improvement and continuing interactions with 

those individuals; and to facilitate NIST laboratory tours and provide presentations for school, industry and community groups. 

Section 308. Presidential awards for excellence in STEM mentoring. 

This section would authorize the NSF to continue to administer 

awards on behalf of the OSTP to recognize outstanding mentoring 

in STEM fields. This section also would require the NSF to provide 

Congress with a list of award recipients and a synopsis of the impact of the mentoring efforts. 

Section 309. Working group on inclusion in STEM fields. 

This section would direct the OSTP, in collaboration with Federal 

departments and agencies, to establish an interagency working 

group to compile and summarize available research and best practices on how to promote diversity and inclusion in STEM fields and 

to examine whether barriers exist to promoting diversity and inclusion within Federal agencies employing scientists and engineers. 


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This section would further outline the responsibilities of the new 

interagency working group and the role of non-Federal stakeholders. Additionally, this section would require that the working 

group publish a report on its review and assessment, including any 

recommendations, no later than 1 year after the date of enactment. 

Finally, this section would require the working group’s authority to 

terminate 10 years after the date on which the working group is 

established. 

Section 310. Improving undergraduate STEM experiences. 

This section would express a sense of Congress that each Federal 

science agency should invest in and expand research opportunities 

for undergraduate students attending institutions of higher education during the undergraduate student’s first 2 academic years of 

postsecondary education. 

Additionally, this section would require the head of each Federal 

agency submit recommendations to the President, not later than 1 

year after enactment, regarding how the agency could best fulfill 

the goals described in subsection (a) of this section. 

Finally, this section would amend existing law to add the concept 

of improved undergraduate STEM education and instruction as one 

of the goals the NSF should work to achieve when applying a 

Broader Impacts Review Criterion. 

Section 311. Computer science education research. 

This section would authorize the NSF to award grants to research computer science education and computational thinking. 

The section also would require the NSF to develop metrics to measure success of the grants, and report to Congress in its annual 

budget submission on such success. 

Section 312. Informal STEM education. 

This section would authorize the NSF to award, through a crossDirectorate process, competitive, merit-reviewed grants to support 

a national partnership of institutions involved in informal STEM 

learning. 

Further, this section would include as activities supported by 

these grants: fostering and implementing on-going partnerships between institutions involved in informal STEM learning, institutions 

of higher education, and education research centers; and developing, adapting, and making available informal STEM education 

activities and educational materials for broad implementation. 

Section 313. Developing STEM apprenticeships. 

This section would amend existing law to authorize the development of a STEM apprenticeship grant program at the Department 

of Commerce and to allow the Department of Commerce to provide 

a grant to an eligible recipient to develop infrastructure to expand 

STEM apprenticeship programs. 

Section 314. NSF report on broadening participation. 

This section would require the NSF to review data on the participation in NSF activities of institutions serving groups that are 

underrepresented in STEM disciplines and to submit, not later 

than 1 year after the date of enactment, to Congress a report on 


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the findings of such a review. The report would include recommendations regarding how the NSF could improve outreach and 

inclusion of these groups in NSF activities. 

Section 315. NOAA ocean and atmospheric science education programs. 

This section would amend existing law to update the goals and 

metrics for NOAA’s science education programs. 

Title IV – Leveraging the Private Sector 

Section 401. Prize competition authority update. 

This section would make numerous changes to section 24 of the 

Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 

3719) to provide clarity of purpose and relevant updates. 

Section 402. Crowdsourcing and citizen science. 

This section would express the sense of Congress that the use of 

incentive prizes and challenges has yielded numerous benefits for 

the Nation, and that crowdsourcing and citizen science projects 

have a number of additional unique benefits. This section would 

authorize Federal agencies to utilize crowdsourcing and citizen 

science approaches to conduct activities designed to advance their 

mission. Further, this section would require the head of each Federal agency engaged in a crowdsourcing or citizen science project 

to make public and promote such project to encourage broad participation. 

This section also would outline the consent, registration, terms 

of use, protections for human subjects, data, technologies, applications, liability, and other requirements for Federal agencies and 

consenting participants of crowd sourcing and citizen science. Additionally, this section would allow Federal agencies to use funds appropriated by Congress to carry out crowdsourcing and citizen 

science activities. Finally, this section would require the NSF to include, as a component of a previously authorized report, specific information about Federal agencies’ use of crowdsourcing and citizen 

science during the most recently completed two FYs. 

Section 403. NIST other transaction authority update. 

This section would amend existing law to allow NIST to enter 

into and perform such contracts, including cooperative R&D arrangements, grants, cooperative agreements, real property leases, 

or other transactions as may be necessary in furtherance of the 

purposes of the National Institute of Standards and Technology 

Act. 

Section 404. NIST Visiting Committee on Advanced Technology update. 

This section would amend existing law to modify and provide 

flexibility in the membership of NIST’s Visiting Committee on Advanced Technology from the current requirement of 15 members, 

10 of which must be from U.S. industry, to at least 9 members, 

with a majority from U.S. industry. 


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Title V – Manufacturing 

Section 501. Hollings Manufacturing Extension Partnership improvements. 

This section would amend existing law to make several changes 

to the Hollings MEP, including permanently adjusting the Hollings 

MEP Federal cost share to not more than 50 percent of the capital 

and annual operating and maintenance funds required to establish 

and support a qualified manufacturing extension center (center). 

The amendments made by this section would require NIST to recompete the centers at least every 10 years, modify the activities 

and evaluations of the centers, and add new reports and assessments about the program that would need to be completed within 

specific timeframes. Additionally, the amendments made by this 

section would: add a clause on the protection of confidential client 

information; add a requirement that center oversight boards implement conflict of interest bylaws; expand the current competitive 

grants program; and add a provision on development of open access 

resources to address best practices to further the competitiveness 

and profitability of small manufacturers. 

Section 502. Federal loan guarantees for innovative technologies in 

manufacturing. 

This section would amend section 26(o) of the Stevenson-Wydler 

Technology Innovation Act of 1980 (15 U.S.C. 3721(o)) to require 

the Secretary of Commerce, in coordination with the Small Business Administration and NIST, to identify any gaps in the access 

of small- or medium-sized manufacturers to capital for the use or 

production of innovative technologies that the program could fill, 

and to develop marketing materials and conduct outreach to target 

those gaps. 

Section 503. Manufacturing communities. 

This section would direct the Secretary of Commerce to establish 

a program to improve the competitiveness of U.S. manufacturing 

by designating consortiums as manufacturing communities and by 

supporting manufacturing communities. 

Title VI – Innovation, Commercialization, and Technology Transfer 

Section 601. Innovation Corps. 

This section would express the sense of Congress that the NSF 

Innovation Corps (I-Corps) is a useful tool in promoting the commercialization of federally-funded research. This section would authorize the NSF to carry out the I-Corp program to award grants 

on a competitive, merit-reviewed basis for entrepreneurship and 

commercialization and to encourage the development and expansion of I-Corps and other training programs that focus on professional development. This section also would allow the NSF to enter 

into agreements with other Federal agencies to allow researchers 

funded by those agencies to participate in the I-Corps program. 

Additionally, this section would authorize the NSF, in consultation with the Small Business Innovation Research Program (SBIR 

Program), to make funds available for competitive grants, including 

I-Corps participants, to help support prototype or proof-of-concept 


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development, as long as those I-Corps participants are not eligible 

to participate in the SBIR Program or the Small Business Technology Transfer Program. Further, this section would allow the 

NSF to engage in partnerships with State and local governments, 

economic development organizations, and nonprofit organizations 

to provide access to the I-Corps program to support entrepreneurship and commercialization education and training for researchers, 

students, and institutions. Finally, this section would require the 

NSF to submit a biennial report on the I-Corps program efficacy 

to the appropriate committees of Congress. Each Federal science 

agency participating in the I-Corps program would be required to 

contribute to this report. 

Section 602. Translational research grants. 

This section would express the sense of Congress that commercialization of federally-funded research may benefit society and the 

economy and that not-for-profit organizations support the commercialization of federally-funded research by providing useful business and technical expertise to researchers. This section would authorize the NSF to continue to award grants to promote the commercialization of federally-funded research results and would provide further guidance on the proper use of these commercialization 

grants, which types of organizations may be eligible for these 

grants, and the application process. 

Section 603. Optics and photonics technology innovations. 

This section would express the sense of Congress that: optics and 

photonics research and technologies promote U.S. global competitiveness in industry sectors; and Federal science agencies, industry, 

and academia should seek partnerships to develop basic research 

in optics and photonics into more mature technologies and capabilities. Further, this section would express the sense of Congress that 

Federal science agencies should: survey and identify optics and 

photonics-related programs within their agencies and share results 

with each other; partner with the private sector and academia to 

leverage knowledge and resources to maximize opportunities for innovation in optics and photonics; and explore R&D opportunities, 

including Federal and private sector-sponsored internships to ensure a highly trained optics and photonics workforce in the United 

States. 

Section 604. Authorization of appropriations for the Regional Innovation Program. 

This section would amend existing law to authorize the Secretary 

to use $30,000,000 of amounts appropriated for economic development assistance programs for the Regional Innovation Program for 

each of FY 2017 and FY 2018. 

CHANGES IN EXISTING LAW

In compliance with paragraph 12 of rule XXVI of the Standing 

Rules of the Senate, changes in existing law made by the bill, as 

reported, are shown as follows (existing law proposed to be omitted 

is enclosed in black brackets, new material is printed in italic, existing law in which no change is proposed is shown in roman): 


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STANDARDS REFERENCE DATA ACT 

[15 U.S.C. 290 et seq.] 

øSEC. 2. INTERNATIONAL ACTIVITIES. 

[15 U.S.C. 290a] 

øFor the purposes of this Act— 

ø(a) The term ‘‘standard reference data’’ means quantitative information, related to a measurable physical or chemical property of 

a substance or system of substances of known composition and 

structure, which is critically evaluated as to its reliability under 

section 3 of this Act. 

ø(b) The term ‘‘Secretary’’ means the Secretary of Commerce.¿ 

SEC. 2. DEFINITIONS. 

For the purposes of this Act: 

(1) STANDARD REFERENCE DATA.—The term ‘‘standard reference data’’ means data that is— 

(A) either— 

(i) quantitative information related to a measurable 

physical or chemical property of a substance or system 

of substances of known composition and structure; 

(ii) measurable characteristics of a physical artifact 

or artifacts; 

(iii) engineering properties or performance characteristics of a system; or 

(iv) 1 or more digital data objects that serve— 

(I) to calibrate or characterize the performance of 

a detection or measurement system; or 

(II) to interpolate or extrapolate, or both, data 

described in subparagraph (A) through (C); and 

(B) that is critically evaluated as to its reliability under 

section 3 of this Act. 

(2) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of 

Commerce. 

NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY 

ACT 

[15 U.S.C. 271 et seq.] 

SEC. 2. ESTABLISHMENT, FUNCTIONS, AND ACTIVITIES. 

[15 U.S.C. 272] 

(a) ESTABLISHMENT OF NATIONAL INSTITUTE OF STANDARDS AND

TECHNOLOGY.—There is established within the Department of 

Commerce a science, engineering, technology, and measurement 

laboratory to be known as the National Institute of Standards and 

Technology (hereafter in this Act referred to as the ‘‘Institute’’). 

(b) FUNCTIONS OF SECRETARY AND INSTITUTE.—The Secretary of 

Commerce (hereafter in this Act referred to as the ‘‘Secretary’’) acting through the Director of the Institute (hereafter in this Act referred to as the ‘‘Director’’) is authorized to take all actions necessary and appropriate to accomplish the purposes of this Act, including the following functions of the Institute— 

(1) to assist industry in the development of technology and 

procedures needed to improve quality, to modernize manufacturing processes, to ensure product reliability, 

manufacturability, functionality, and cost-effectiveness, and to 


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facilitate the more rapid commercialization, especially by 

small- and medium-sized companies throughout the United 

States, of products based on new scientific discoveries in fields 

such as automation, electronics, advanced materials, biotechnology, and optical technologies; 

(2) to develop, maintain, and retain custody of the national 

standards of measurement, and provide the means and methods for making measurements consistent with those standards; 

(3) to compare standards used in scientific investigations, engineering, manufacturing, commerce, industry, and educational 

institutions with the standards adopted or recognized by the 

Federal Government and to coordinate the use by Federal 

agencies of private sector standards, emphasizing where possible the use of standards developed by private, consensus organizations; 

ø(4) to enter into contracts, including cooperative research 

and development arrangements, and grants and cooperative 

agreements, in furtherance of the purposes of this Act;¿ 

(4) to enter into and perform such contracts, including cooperative research and development arrangements, grants, cooperative agreements, real property leases, or other transactions, as 

may be necessary in furtherance of the purposes of this Act and 

on such terms as the Director considers appropriate; 

(5) to provide United States industry, Government, and educational institutions with a national clearinghouse of current 

information, techniques, and advice for the achievement of 

higher quality and productivity based on current domestic and 

international scientific and technical development; 

(6) to assist industry in the development of measurements, 

measurement methods, and basic measurement technology; 

(7) to determine, compile, evaluate, and disseminate physical 

constants and the properties and performance of conventional 

and advanced materials when they are important to science, 

engineering, manufacturing, education, commerce, and industry and are not available with sufficient accuracy elsewhere; 

(8) to develop a fundamental basis and methods for testing 

materials, mechanisms, structures, equipment, and systems, 

including those used by the Federal Government; 

(9) to assure the compatibility of United States national 

measurement standards with those of other nations; 

(10) to cooperate with other departments and agencies of the 

Federal Government, with industry, with State and local governments, with the governments of other nations and international organizations, and with private organizations in establishing standard practices, codes, specifications, and voluntary consensus standards; 

(11) to advise government and industry on scientific and 

technical problems; 

(12) to invent, develop, and (when appropriate) promote 

transfer to the private sector of measurement devices to serve 

special national needs; and 

(13) to coordinate Federal, State, and local technical standards activities and conformity assessment activities, with private sector technical standards activities and conformity assessment activities, with the goal of eliminating unnecessary 


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duplication and complexity in the development and promulgation of conformity assessment requirements and measures. 

(c) IMPLEMENTATION ACTIVITIES.—In carrying out the functions 

specified in subsection (b), the Secretary, acting through the Director may, among other things— 

(1) construct physical standards; 

(2) test, calibrate, and certify standards and standard measuring apparatus; 

(3) study and improve instruments, measurement methods, 

and industrial process control and quality assurance techniques; 

(4) cooperate with the States in securing uniformity in 

weights and measures laws and methods of inspection; 

(5) cooperate with foreign scientific and technical institutions 

to understand technological developments in other countries 

better; 

(6) prepare, certify, and sell standard reference materials for 

use in ensuring the accuracy of chemical analyses and measurements of physical and other properties of materials; 

(7) in furtherance of the purposes of this Act, accept research 

associates, cash donations, and donated equipment from industry, and also engage with industry in research to develop new 

basic and generic technologies for traditional and new products 

and for improved production and manufacturing; 

(8) study and develop fundamental scientific understanding 

and improved measurement, analysis, synthesis, processing, 

and fabrication methods for chemical substances and compounds, ferrous and nonferrous metals, and all traditional and 

advanced materials, including processes of degradation; 

(9) investigate ionizing and nonionizing radiation and radioactive substances, their uses, and ways to protect people structures, and equipment from their harmful effects; 

(10) determine the atomic and molecular structure of matter, 

through analysis of spectra and other methods, to provide a 

basis for predicting chemical and physical structures and reactions and for designing new materials and chemical substances, including biologically active macromolecules; 

(11) perform research on electromagnetic waves, including 

optical waves, and on properties and performance of electrical, 

electronic, and electromagnetic devices and systems and their 

essential materials, develop and maintain related standards, 

and disseminate standard signals through broadcast and other 

means; 

(12) develop and test standard interfaces, communication 

protocols, and data structures for computer and related telecommunications systems; 

(13) study computer systems (as that term is defined in section 20(d) of this Act) and their use to control machinery and 

processes; 

(14) perform research to develop standards and test methods 

to advance the effective use of computers and related systems 

and to protect the information stored, processed, and transmitted by such systems and to provide advice in support of 

policies affecting Federal computer and related telecommunications systems; 


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(15) on an ongoing basis, facilitate and support the development of a voluntary, consensus-based, industry-led set of 

standards, guidelines, best practices, methodologies, procedures, and processes to cost-effectively reduce cyber risks to 

critical infrastructure (as defined under subsection (e)); 

(16) perform research to support the development of voluntary, consensus-based, industry-led standards and recommendations on the security of computers, computer networks, 

and computer data storage used in voting systems to ensure voters can vote securely and privately. 

ø(16)¿(17) determine properties of building materials and 

structural elements, and encourage their standardization and 

most effective use, including investigation of fire-resisting 

properties of building materials and conditions under which 

they may be most efficiently used, and the standardization of 

types of appliances for fire prevention; 

ø(17)¿(18) undertake such research in engineering, pure and 

applied mathematics, statistics, computer science, materials 

science, and the physical sciences as may be necessary to carry 

out and support the functions specified in this section; 

(19) host, participate in, and support scientific and technical 

workshops (as defined in section 202 of the American Innovation and Competitiveness Act); 

(20) collect and retain any fees charged by the Secretary for 

hosting a scientific and technical workshop described in paragraph (19); 

(21) notwithstanding title 31 of the United States Code, use 

the fees described in paragraph (20) to pay for any related expenses, including subsistence expenses for participants; 

ø(18)¿(22) compile, evaluate, publish, and otherwise disseminate general, specific and technical data resulting from the 

performance of the functions specified in this section or from 

other sources when such data are important to science, engineering, or industry, or to the general public, and are not 

available elsewhere; 

ø(19)¿(23) collect, create, analyze, and maintain specimens of 

scientific value; 

ø(20)¿(24) operate national user facilities; 

ø(21)¿(25) evaluate promising inventions and other novel 

technical concepts submitted by inventors and small companies 

and work with other Federal agencies, States, and localities to 

provide appropriate technical assistance and support for those 

inventions which are found in the evaluation process to have 

commercial promise; 

ø(22)¿(26) demonstrate the results of the Institute’s activities 

by exhibits or other methods of technology transfer, including 

the use of scientific or technical personnel of the Institute for 

part-time or intermittent teaching and training activities at 

educational institutions of higher learning as part of and incidental to their official duties; and 

ø(23)¿(27) undertake such other activities similar to those 

specified in this subsection as the Director determines appropriate. 

(d) MANAGEMENT COSTS.—In carrying out the extramural funding programs of the Institute, including the programs established 


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under øsections 25, 26, and 28¿ sections 25 and 26 of this Act, the 

Secretary may retain reasonable amounts of any funds appropriated pursuant to authorizations for these programs in order to 

pay for the Institute’s management of these programs. 

(e) CYBER RISKS.— (1) IN GENERAL.—In carrying out the activities under subsection (c)(15), the Director— 

(A) shall— 

(i) coordinate closely and regularly with relevant 

private sector personnel and entities, critical infrastructure owners and operators, and other relevant industry organizations, including Sector Coordinating 

Councils and Information Sharing and Analysis Centers, and incorporate industry expertise; 

(ii) consult with the heads of agencies with national 

security responsibilities, sector-specific agencies and 

other appropriate agencies, State and local governments, the governments of other nations, and international organizations; 

(iii) identify a prioritized, flexible, repeatable, performance-based, and cost-effective approach, including 

information security measures and controls, that may 

be voluntarily adopted by owners and operators of critical infrastructure to help them identify, assess, and 

manage cyber risks; 

(iv) include methodologies— 

(I) to identify and mitigate impacts of the cybersecurity measures or controls on business confidentiality; and 

(II) to protect individual privacy and civil liberties; 

(v) incorporate voluntary consensus standards and 

industry best practices; 

(vi) align with voluntary international standards to 

the fullest extent possible; 

(vii) prevent duplication of regulatory processes and 

prevent conflict with or superseding of regulatory requirements, mandatory standards, and related processes; and 

(viii) include such other similar and consistent elements as the Director considers necessary; and 

(B) shall not prescribe or otherwise require— 

(i) the use of specific solutions; 

(ii) the use of specific information or communications technology products or services; or 

(iii) that information or communications technology 

products or services be designed, developed, or manufactured in a particular manner. 

(2) LIMITATION.—Information shared with or provided to the 

Institute for the purpose of the activities described under subsection (c)(15) shall not be used by any Federal, State, tribal, 

or local department or agency to regulate the activity of any 

entity. Nothing in this paragraph shall be construed to modify 

any regulatory requirement to report or submit information to 

a Federal, State, tribal, or local department or agency. 


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(3) DEFINITIONS.—In this subsection: 

(A) CRITICAL INFRASTRUCTURE.—The term ‘‘critical infrastructure’’ has the meaning given the term in section 

1016(e) of the USA PATRIOT Act of 2001 (42 U.S.C. 

5195c(e)). 

(B) SECTOR-SPECIFIC AGENCY.—The term ‘‘sector-specific 

agency’’ means the Federal department or agency responsible for providing institutional knowledge and specialized 

expertise as well as leading, facilitating, or supporting the 

security and resilience programs and associated activities 

of its designated critical infrastructure sector in the allhazards environment. 

SEC. 10. VISITING COMMITTEE ON ADVANCED TECHNOLOGY. 

[15 U.S.C. 278] 

(a) ESTABLISHMENT; APPOINTMENT; MEMBERSHIP AND COMPOSITION; REVIEW AND RECOMMENDATIONS.—There is established within the Institute a Visiting Committee on Advanced Technology 

(hereafter in this Act referred to as the ‘‘Committee’’). The Committee shall consist of ø15 members appointed by the Director, at 

least 10 of whom¿ not fewer than 9 members appointed by the Director, a majority of whom shall be from United States industry. 

The Director shall appoint as original members of the Committee 

any final members of the øNational Bureau of Standards¿ National 

Institute of Standards and Technology Visiting Committee who 

wish to serve in such capacity. In addition to any powers and functions otherwise granted to it by this Act, the Committee shall review and make recommendations regarding general policy for the 

Institute, its organization, its budget, and its programs within the 

framework of applicable national policies as set forth by the President and the Congress. 

* * * * * * * 

(c) ANNUAL AND OTHER REPORTS TO SECRETARY AND CONGRESS.— 

(1) The Committee shall render an annual report to the Secretary for submission to the Congress not later than 30 days 

after the submittal to Congress of the President’s annual budget request in each year. Such report shall deal essentially, 

though not necessarily exclusively, with policy issues or matters which affect the Instituteø, including the Program established under section 28,¿ or with which the Committee in its 

official role as the private sector policy advisor of the Institute 

is concerned. Each such report shall identify areas of research 

and research techniques of the Institute of potential importance to the long-term competitiveness of United States industry, in which the Institute possesses special competence, which 

could be used to assist United States enterprises and United 

States industrial joint research and development ventures. 

øSuch report also shall comment on the programmatic planning document and updates thereto submitted to Congress by 

the Director under subsections (c) and (d) of section 23.¿ 

(2) The Committee shall render to the Secretary and the 

Congress such additional reports on specific policy matters as 

it deems appropriate. 


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SEC. 17. FOSTERING UNITED STATES COMPETITIVENESS IN HIGH-PERFORMANCE COMPUTING AND RELATED ACTIVITIES. 

[15 U.S.C. 278g] 

ø(a) FINDINGS.—The Congress finds the following: 

ø(1) High-performance computing and associated technologies are critical to the United States economy. 

ø(2) While the United States has led the development of 

high-performance computing, United States industry is facing 

increasing global competition. 

ø(3) Despite existing international agreements on fair competition and nondiscrimination in government procurements, 

there is increasing concern that such agreements are not being 

honored, that more aggressive enforcement of such agreements 

is needed, and that additional steps may be required to ensure 

fair global competition, particularly in high-technology fields 

such as high-performance computing and associated technologies. 

ø(4) It is appropriate for Federal agencies and departments 

to use the funds authorized for the Program in a manner 

which most effectively fosters the maintenance and development of United States leadership in high-performance computers and associated technologies in and for the benefit of the 

United States. 

ø(5) It is appropriate for Federal agencies and departments 

to use the funds authorized for the Program in a manner, consistent with the Trade Agreements Act of 1979 (19 U.S.C. 2501 

et seq.), which most effectively fosters reciprocal competitive 

procurement treatment by foreign governments for United 

States high-performance computing and associated technology 

products and suppliers.¿ 

(a) FINANCIAL ASSISTANCE TO FOREIGN NATIONALS.—The Secretary is authorized, notwithstanding any other provision of law, to 

expend such sums, within the limit of appropriated funds, through 

direct support for activities of international organizations and foreign national metrology institutes with which the Institute cooperates to advance measurement methods, standards, and related basic 

technologies and, as the Secretary may deem desirable, through the 

grant of fellowships or any other form of financial assistance, to defray the expenses of foreign nationals not in service to the Government of the United States while they are performing scientific or engineering work at the Institute or participating in the exchange of 

scientific or technical information at the Institute. 

* * * * * * * 

øSEC. 18. RESEARCH FELLOWSHIPS AND OTHER FINANCIAL ASSISTANCE TO STUDENTS AT INSTITUTES OF HIGHER EDUCATION. 

[15 U.S.C. 278g-1] 

ø(a) IN GENERAL.—The Director is authorized to expend funds 

appropriated for activities of the Institute in any fiscal year, as the 

Director may deem desirable, for awards of research fellowships 

and other forms of financial assistance to students at institutions 

of higher learning within the United States who show promise as 

present or future contributors to the mission of the Institute, and 

to United States citizens for research and technical activities on Institute programs. The selection of persons to receive such fellowVerDate Sep 11 2014 07:42 Dec 04, 2016 Jkt 069010 PO 00000 Frm 00030 Fmt 6659 Sfmt 6602 E:\HR\OC\SR389.XXX SR389

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ships and assistance shall be made on the basis of ability and of 

the relevance of the proposed work to the mission and programs of 

the Institute. 

ø(b) MANUFACTURING FELLOWSHIP PROGRAM.— 

ø(1) ESTABLISHMENT.—To promote the development of a robust research community working at the leading edge of manufacturing sciences, the Director shall establish a program to 

award— 

ø(A) postdoctoral research fellowships at the Institute 

for research activities related to manufacturing sciences; 

and 

ø(B) senior research fellowships to established researchers in industry or at institutions of higher education who 

wish to pursue studies related to the manufacturing 

sciences at the Institute. 

ø(2) APPLICATIONS.—To be eligible for an award under this 

subsection, an individual shall submit an application to the Director at such time, in such manner, and containing such information as the Director may require. 

ø(3) STIPEND LEVELS.—Under this subsection, the Director 

shall provide stipends for postdoctoral research fellowships at 

a level consistent with the National Institute of Standards and 

Technology Postdoctoral Research Fellowship Program, and 

senior research fellowships at levels consistent with support for 

a faculty member in a sabbatical position. 

ø(c) UNDERREPRESENTED MINORITIES.—In evaluating applications 

for fellowships under this section, the Director shall give consideration to the goal of promoting the participation of underrepresented 

minorities in research areas supported by the Institute.¿ 

SEC. 18. EDUCATION AND OUTREACH. 

(a) IN GENERAL.—The Director is authorized to expend funds appropriated for activities of the Institute in any fiscal year, to support, promote, and coordinate activities and efforts to enhance public awareness and understanding of measurement sciences, standards and technology at the national measurement laboratories and 

otherwise in fulfillment of the mission of the Institute. The Director 

may carry out activities under this subsection, including education 

and outreach activities to the general public, industry and academia 

in support of the Institute’s mission. 

(b) HIRING.—The Director, in coordination with the Director of the 

Office of Personnel Management, may revise the procedures the Director applies when making appointments to laboratory positions 

within the competitive service— 

(1) to ensure corporate memory of and expertise in the fundamental ongoing work, and on developing new capabilities in 

priority areas; 

(2) to maintain high overall technical competence; 

(3) to improve staff diversity; 

(4) to balance emphases on the noncore and core areas; or 

(5) to improve the ability of the Institute to compete in the 

marketplace for qualified personnel. 

(c) VOLUNTEERS.— 

(1) IN GENERAL.—The Director may establish a program to 

use volunteers in carrying out the programs of the Institute. 


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(2) ACCEPTANCE OF PERSONNEL.—The Director may accept, 

subject to regulations issued by the Office of Personnel Management, voluntary service for the Institute for such purpose if the 

service— 

(A) is to be without compensation; and 

(B) will not be used to displace any current employee or 

act as a substitute for any future full-time employee of the 

Institute. 

(3) FEDERAL EMPLOYEE STATUS.—Any individual who provides voluntary service under this subsection shall not be considered a Federal employee, except for purposes of chapter 81 of 

title 5, United States Code (relating to compensation for injury), 

and sections 2671 through 2680 of title 28, United States Code 

(relating to tort claims). 

(d) RESEARCH FELLOWSHIPS.— (1) IN GENERAL.—The Director may expend funds appropriated for activities of the Institute in any fiscal year, as the 

Director considers appropriate, for awards of research fellowships and other forms of financial and logistical assistance, including direct stipend awards to— 

(A) students at institutions of higher learning within the 

United States who show promise as present or future contributors to the mission of the Institute; and 

(B) United States citizens for research and technical activities of the Institute, including programs. 

(2) SELECTION CRITERIA.—The selection of persons to receive 

such fellowships and assistance shall be made on the basis of 

ability and of the relevance of the proposed work to the mission 

and programs of the Institute. 

(3) FINANCIAL AND LOGISTICAL ASSISTANCE.—Notwithstanding section 1345 of title 31, United States Code, or any 

other law to the contrary, the Director may include as a form 

of financial or logistical assistance under this subsection temporary housing and transportation to and from Institute facilities. 

(e) EDUCATIONAL OUTREACH ACTIVITIES.—The Director may— 

(1) facilitate education programs for undergraduate and 

graduate students, postdoctoral researchers, and academic and 

industry employees; 

(2) sponsor summer internships for STEM high school teachers as appropriate; 

(3) develop programs for graduate student internships and 

visiting faculty researchers; 

(4) document publications, presentations, and interactions 

with visiting researchers and sponsoring interns as performance 

metrics for improving and continuing interactions with those 

individuals; and 

(5) facilitate laboratory tours and provide presentations for 

educational, industry, and community groups. 

øSEC. 19. POST-DOCTORAL FELLOWSHIP PROGRAM. 

[15 U.S.C. 278g-2] 

øThe Institute shall establish and conduct a post-doctoral fellowship program, subject to the availability of appropriations, which 

shall be organized and carried out in substantially the same manner as the National Academy of Sciences/National Research CounVerDate Sep 11 2014 07:42 Dec 04, 2016 Jkt 069010 PO 00000 Frm 00032 Fmt 6659 Sfmt 6602 E:\HR\OC\SR389.XXX SR389

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cil Post-Doctoral Research Associate Program that was in effect 

prior to 1986, and which shall include not less than twenty nor 

more than 120 new fellows per fiscal year. In evaluating applications for fellowships under this section, the Director shall give consideration to the goal of promoting the participation of underrepresented minorities in research areas supported by the Institute.¿ 

SEC. 19. POST-DOCTORAL FELLOWSHIP PROGRAM. 

(a) IN GENERAL.—The Institute and the National Academy of 

Sciences, jointly, shall establish and conduct a post-doctoral fellowship program, subject to the availability of appropriations. 

(b) ORGANIZATION.—The post-doctoral fellowship program shall 

include not less than 20 nor more than 120 new fellows per fiscal 

year. 

(c) EVALUATIONS.—In evaluating applications for post-doctoral 

fellowships under this section, the Director of the Institute and the 

President of the National Academy of Sciences shall give consideration to the goal of promoting the participation of underrepresented 

minorities in research areas supported by the Institute. 

øSEC. 19A. TEACHER SCIENCE AND TECHNOLOGY ENHANCEMENT INSTITUTE PROGRAM. 

[15 U.S.C. 278g-2a] 

ø(a) ESTABLISHMENT.—The Director shall establish within the Institute a teacher science and technology enhancement program to 

provide for professional development of mathematics and science 

teachers of elementary, middle, and secondary schools (as those 

terms are defined by the Director), including providing for the improvement of those teachers with respect to the understanding of 

science and the impacts of science on commerce. 

ø(b) AREAS OF FOCUS.—In carrying out the program under this 

section, the Director shall focus on the areas of— 

ø(1) scientific measurements; 

ø(2) tests and standards development; 

ø(3) industrial competitiveness and quality; 

ø(4) manufacturing; 

ø(5) technology transfer; and 

ø(6) any other area of expertise of the Institute that the Director determines to be appropriate. 

ø(c) PROCEDURES AND SELECTION CRITERIA.—The Director shall 

develop and issue procedures and selection criteria for participants 

in the program. The Director shall give special consideration to an 

application from a teacher from a high-need school, as defined in 

section 200 of the Higher Education Act of 1965 (20 U.S.C. 1021). 

ø(d) SCHEDULING.—The program under this section shall be conducted on an annual basis during the summer months, during the 

period of time when a majority of elementary, middle, and secondary schools have not commenced a school year. 

ø(e) MEANS OF ACCOMPLISHING GOALS.—The program shall provide for teachers’ participation in activities at the laboratory facilities of the Institute, or shall utilize other means of accomplishing 

the goals of the program as determined by the Director, which may 

include the Internet, video conferencing and recording, and workshops and conferences.¿ 


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SEC. 23. REPORTS TO CONGRESS. 

[15 U.S.C. 278i] 

(a) INFORMATION TO CONGRESS ON INSTITUTE ACTIVITIES.—The 

Director shall keep the Committee on Commerce, Science, and 

Transportation of the Senate and the Committee on Science, Space, 

and Technology of the House of Representatives fully and currently 

informed with regard to all of the activities of the Institute. 

(b) JUSTIFICATION FOR CHANGES IN POLICIES AND FEES.—The Director shall justify in writing all changes in policies regarding fees 

for standard reference materials and calibration services occurring 

after June 30, 1987, including a description of the anticipated impact of any proposed changes on demand for and anticipated revenues from the materials and services. Changes in policy and fees 

shall not be effective unless and until the Director has submitted 

the proposed schedule and justification to the Congress and 30 

days on which both Houses of Congress are in session have elapsed 

since such submission, except that the requirement of this sentence 

shall not apply with respect to adjustments which are based solely 

on changes in the costs of raw materials or of producing and delivering standard reference materials or calibration services. 

ø(c) THREE-YEAR PROGRAMMATIC PLANNING DOCUMENT.—Concurrent with the submission to Congress of the President’s annual 

budget request in the first year after the date of enactment of this 

subsection, the Director shall submit to Congress a 3-year programmatic planning document for the Institute, including programs under the Scientific and Technical Research and Services, 

Industrial Technology Services, and Construction of Research Facilities functions. 

ø(d) ANNUAL UPDATE ON THREE-YEAR PROGRAMMATIC PLANNING

DOCUMENT.—Concurrent with the submission to the Congress of 

the President’s annual budget request in each year after the date 

of enactment of this subsection, the Director shall submit to Congress an update to the 3-year programmatic planning document 

submitted under subsection (c), revised to cover the first 3 fiscal 

years after the date of that update.¿ 

øSEC. 25. REGIONAL CENTERS FOR THE TRANSFER OF MANUFACTURING TECHNOLOGY. 

[15 U.S.C. 278k] 

ø(a) CREATION AND SUPPORT OF CENTERS; AFFILIATIONS; MERIT

REVIEW IN DETERMINING AWARDS; OBJECTIVES.—The Secretary, 

through the Director and, if appropriate, through other officials, 

shall provide assistance for the creation and support of regional 

centers for the transfer of manufacturing technology (hereafter in 

this Act referred to as the ‘‘Centers’’). Such centers shall be affiliated with any United States-based nonprofit institution or organization, or group thereof, that applies for and is awarded financial 

assistance under this section in accordance with the description 

published by the Secretary in the Federal Register under subsection (c)(2). Individual awards shall be decided on the basis of 

merit review. The objective of the Centers is to enhance productivity and technological performance in United States manufacturing through— 

ø(1) the transfer of manufacturing technology and techniques 

developed at the Institute to Centers and, through them, to 

manufacturing companies throughout the United States; 


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ø(2) the participation of individuals from industry, universities, State governments, other Federal agencies, and, when 

appropriate, the Institute in cooperative technology transfer activities; 

ø(3) efforts to make new manufacturing technology and processes usable by United States-based small- and medium-sized 

companies; 

ø(4) the active dissemination of scientific, engineering, technical, and management information about manufacturing to industrial firms, including small- and medium-sized manufacturing companies; 

ø(5) the utilization, when appropriate, of the expertise and 

capability that exists in Federal laboratories other than the Institute; and 

ø(6) providing to community colleges information about the 

job skills needed in small- and medium-sized manufacturing 

businesses in the regions they serve. 

ø(b) ACTIVITIES OF CENTERS.—The activities of the Centers shall 

include— 

ø(1) the establishment of automated manufacturing systems 

and other advanced production technologies, based on research 

by the Institute, for the purpose of demonstrations and technology transfer; 

ø(2) the active transfer and dissemination of research findings and Center expertise to a wide range of companies and 

enterprises, particularly small- and medium-sized manufacturers; and 

ø(3) loans, on a selective, short-term basis, of items of advanced manufacturing equipment to small manufacturing 

firms with less than 100 employees. 

ø(c) DURATION AND AMOUNT OF SUPPORT; PROGRAM DESCRIPTIONS; APPLICATIONS; MERIT REVIEW; EVALUATIONS OF ASSISTANCE; 

APPLICABILITY OF PATENT LAW.— ø(1) The Secretary may provide financial support to any Center created under subsection (a) for a period not to exceed six 

years. The Secretary may not provide to a Center more than 

50 percent of the capital and annual operating and maintenance funds required to create and maintain such Center. 

ø(2) The Secretary shall publish in the Federal Register, 

within 90 days after the date of the enactment of this section, 

a draft description of a program for establishing Centers, including— 

ø(A) a description of the program; 

ø(B) procedures to be followed by applicants; 

ø(C) criteria for determining qualified applicants; 

ø(D) criteria, including those listed under paragraph (4), 

for choosing recipients of financial assistance under this 

section from among the qualified applicants; and 

ø(E) maximum support levels expected to be available to 

Centers under the program in the fourth through sixth 

years of assistance under this section. 

øThe Secretary shall publish a final description under this 

paragraph after the expiration of a 30-day comment period. 

ø(3)(A) Any nonprofit institution, or group thereof, or consortia of nonprofit institutions, including entities existing on 


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August 23, 1988, may submit to the Secretary an application 

for financial support under this subsection, in accordance with 

the procedures established by the Secretary and published in 

the Federal Register under paragraph (2). 

ø(B) In order to receive assistance under this section, an 

applicant for financial assistance under subparagraph (A) 

shall provide adequate assurances that non-Federal assets 

obtained from the applicant and the applicant’s partnering 

organizations will be used as a funding source to meet not 

less than 50 percent of the costs incurred for the first 3 

years and an increasing share for each of the last 3 years. 

For purposes of the preceding sentence, the costs incurred 

means the costs incurred in connection with the activities 

undertaken to improve the management, productivity, and 

technological performance of small- and medium-sized 

manufacturing companies. 

ø(C) In meeting the 50 percent requirement, it is anticipated that a Center will enter into agreements with other 

entities such as private industry, universities, and State 

governments to accomplish programmatic objectives and 

access new and existing resources that will further the impact of the Federal investment made on behalf of smalland medium-sized manufacturing companies. All non-Federal costs, contributed by such entities and determined by 

a Center as programmatically reasonable and allocable 

under MEP program procedures are includable as a portion of the Center’s contribution. 

ø(D) Each applicant under subparagraph (A) shall also 

submit a proposal for the allocation of the legal rights associated with any invention which may result from the 

proposed Center’s activities. 

ø(4) The Secretary shall subject each such application to 

merit review. In making a decision whether to approve such 

application and provide financial support under this subsection, the Secretary shall consider at a minimum (A) the 

merits of the application, particularly those portions of the application regarding technology transfer, training and education, 

and adaptation of manufacturing technologies to the needs of 

particular industrial sectors, (B) the quality of service to be 

provided, (C) geographical diversity and extent of service area, 

and (D) the percentage of funding and amount of in-kind commitment from other sources. 

ø(5) Each Center which receives financial assistance under 

this section shall be evaluated during its third year of operation by an evaluation panel appointed by the Secretary. Each 

such evaluation panel shall be composed of private experts, 

none of whom shall be connected with the involved Center, and 

Federal officials. An official of the Institute shall chair the 

panel. Each evaluation panel shall measure the involved Center’s performance against the objectives specified in this section. The Secretary shall not provide funding for the fourth 

through the sixth years of such Center’s operation unless the 

evaluation is positive. If the evaluation is positive, the Secretary may provide continued funding through the sixth year 

at declining levels. A Center that has not received a positive 


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evaluation by the evaluation panel shall be notified by the 

panel of the deficiencies in its performance and shall be placed 

on probation for one year, after which time the panel shall reevaluate the Center. If the Center has not addressed the deficiencies identified by the panel, or shown a significant improvement in its performance, the Director shall conduct a new 

competition to select an operator for the Center or may close 

the Center. After the sixth year, a Center may receive additional financial support under this section if it has received a 

positive evaluation through an independent review, under procedures established by the Institute. Such an independent review shall be required at least every two years after the sixth 

year of operation. Funding received for a fiscal year under this 

section after the sixth year of operation shall not exceed one 

third of the capital and annual operating and maintenance 

costs of the Center under the program. 

ø(6) The provisions of chapter 18 of title 35, United States 

Code, shall (to the extent not inconsistent with this section) 

apply to the promotion of technology from research by Centers 

under this section except for contracts for such specific technology extension or transfer services as may be specified by 

statute or by the Director. 

ø(7) Not later than 90 days after the date of enactment of 

the National Institute of Standards and Technology Authorization Act of 2010, the Comptroller General shall submit to Congress a report on the cost share requirements under the program. The report shall— 

ø(A) discuss various cost share structures, including the 

cost share structure in place prior to such date of enactment, and the effect of such cost share structures on individual Centers and the overall program; and 

ø(B) include recommendations for how best to structure 

the cost share requirement to provide for the long-term 

sustainability of the program.′′. 

ø(8) If consistent with the recommendations in the report 

transmitted to Congress under paragraph (7), the Secretary 

shall alter the cost structure requirements specified under 

paragraph (3)(B) and (5) provided that the modification does 

not increase the cost share structure in place before the date 

of enactment of the America COMPETES Reauthorization Act 

of 2010, or allow the Secretary to provide a Center more than 

50 percent of the costs incurred by that Center. 

ø(d) ACCEPTANCE OF FUNDS.— 

ø(1) IN GENERAL.—In addition to such sums as may be appropriated to the Secretary and Director to operate the Centers 

program, the Secretary and Director also may accept funds 

from other Federal departments and agencies and under section 2(c)(7) from the private sector for the purpose of strengthening United States manufacturing. 

ø(2) ALLOCATION OF FUNDS.— 

ø(A) FUNDS ACCEPTED FROM OTHER FEDERAL DEPARTMENTS OR AGENCIES.—The Director shall determine whether funds accepted from other Federal departments or agencies shall be counted in the calculation of the Federal 


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share of capital and annual operating and maintenance 

costs under subsection (c). 

ø(B) FUNDS ACCEPTED FROM THE PRIVATE SECTOR.— Funds accepted from the private sector under section 

2(c)(7), if allocated to a Center, shall not be considered in 

the calculation of the Federal share under subsection (c) of 

this section. 

ø(e) MEP ADVISORY BOARD.— ø(1) ESTABLISHMENT.—There is established within the Institute a Manufacturing Extension Partnership Advisory Board 

(in this subsection referred to as the ‘‘MEP Advisory Board’’). 

ø(2) MEMBERSHIP.— 

ø(A) IN GENERAL.—The MEP Advisory Board shall consist of 10 members broadly representative of stakeholders, 

to be appointed by the Director. At least 2 members shall 

be employed by or on an advisory board for the Centers, 

and at least 5 other members shall be from United States 

small businesses in the manufacturing sector. No member 

shall be an employee of the Federal Government. 

ø(B) TERM.—Except as provided in subparagraph (C) or 

(D), the term of office of each member of the MEP Advisory Board shall be 3 years. 

ø(C) CLASSES.—The original members of the MEP Advisory Board shall be appointed to 3 classes. One class of 3 

members shall have an initial term of 1 year, one class of 

3 members shall have an initial term of 2 years, and one 

class of 4 members shall have an initial term of 3 years. 

ø(D) VACANCIES.—Any member appointed to fill a vacancy occurring prior to the expiration of the term for 

which his predecessor was appointed shall be appointed for 

the remainder of such term. 

ø(E) SERVING CONSECUTIVE TERMS.—Any person who has 

completed two consecutive full terms of service on the 

MEP Advisory Board shall thereafter be ineligible for appointment during the one-year period following the expiration of the second such term. 

ø(3) MEETINGS.—The MEP Advisory Board shall meet not 

less than 2 times annually, and provide to the Director— 

ø(A) advice on Manufacturing Extension Partnership 

programs, plans, and policies; 

ø(B) assessments of the soundness of Manufacturing Extension Partnership plans and strategies; and 

ø(C) assessments of current performance against Manufacturing Extension Partnership program plans. 

ø(4) FEDERAL ADVISORY COMMITTEE ACT APPLICABILITY.— 

ø(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. 

ø(B) EXCEPTION.—Section 14 of the Federal Advisory 

Committee Act shall not apply to the MEP Advisory 

Board. 

ø(5) REPORT.—The MEP Advisory Board shall transmit an 

annual report to the Secretary for transmittal to Congress 

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dent’s annual budget request in each year. Such report shall 

address the status of the program established pursuant to this 

section and comment on the relevant sections of the programmatic planning document and updates thereto transmitted to Congress by the Director under subsections (c) and 

(d) of section 23. 

ø(f) COMPETITIVE GRANT PROGRAM.— 

ø(1) ESTABLISHMENT.—The Director shall establish, within 

the Centers program under this section and section 26 of this 

Act, a program of competitive awards among participants described in paragraph (2) for the purposes described in paragraph (3). 

ø(2) PARTICIPANTS.—Participants receiving awards under 

this subsection shall be the Centers, or a consortium of such 

Centers. 

ø(3) PURPOSE.—The purpose of the program under this subsection is to add capabilities to the MEP program, including 

the development of projects to solve new or emerging manufacturing problems as determined by the Director, in consultation 

with the Director of the Hollings MEP program, the Manufacturing Extension Partnership Advisory Board, and small and 

medium-sized manufacturers. One or more themes for the competition may be identified, which may vary from year to year, 

depending on the needs of manufacturers and the success of 

previous competitions. Centers may be reimbursed for costs incurred under the program. These themes— 

ø(A) shall be related to projects designed to increase the 

viability both of traditional manufacturing sectors and 

other sectors, such as construction, that increasingly rely 

on manufacturing through the use of manufactured components and manufacturing techniques, including supply 

chain integration and quality management; 

ø(B) shall be related to projects related to the transfer 

of technology based on the technological needs of manufacturers and available technologies from institutions of higher education, laboratories, and other technology producing 

entities; and 

ø(C) may extend beyond these traditional areas to include projects related to construction industry modernization. 

ø(4) APPLICATIONS.—Applications for awards under this subsection shall be submitted in such manner, at such time, and 

containing such information as the Director shall require, in 

consultation with the Manufacturing Extension Partnership 

Advisory Board. 

ø(5) SELECTION.— 

ø(A) IN GENERAL.—Awards under this section shall be 

peer reviewed and competitively awarded. The Director 

shall endeavor to select at least one proposal in each of the 

9 statistical divisions of the United States (as designated 

by the Bureau of the Census). The Director shall select 

proposals to receive awards that will— 

ø(i) create jobs or train newly hired employees; 


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ø(ii) promote technology transfer and commercialization of environmentally focused materials, products, 

and processes; 

ø(iii) increase energy efficiency; and 

ø(iv) improve the competitiveness of industries in 

the region in which the Center or Centers are located. 

ø(B) ADDITIONAL SELECTION CRITERIA.—The Director 

may select proposals to receive awards that will— 

ø(i) encourage greater cooperation and foster partnerships in the region with similar Federal, State, and 

locally funded programs to encourage energy efficiency 

and building technology; and 

ø(ii) collect data and analyze the increasing connection between manufactured products and manufacturing techniques, the future of construction practices, 

and the emerging application of products from the 

green energy industries. 

ø(6) PROGRAM CONTRIBUTION.—Recipients of awards under 

this subsection shall not be required to provide a matching 

contribution. 

ø(7) GLOBAL MARKETPLACE PROJECTS.—In making awards 

under this subsection, the Director, in consultation with the 

Manufacturing Extension Partnership Advisory Board and the 

Secretary of Commerce, may— 

ø(A) take into consideration whether an application has 

significant potential for enhancing the competitiveness of 

small and medium-sized United States manufacturers in 

the global marketplace; and 

ø(B) give a preference to applications for such projects to 

the extent the Director deems appropriate, taking into account the broader purposes of this subsection. 

ø(7) DURATION.—Awards under this section shall last no 

longer than 3 years. 

ø(8) ELIGIBLE PARTICIPANTS.—In addition to manufacturing 

firms eligible to participate in the Centers program, awards 

under this subsection may be used by the Centers to assist 

small- or medium-sized construction firms. Centers may be reimbursed under the program for working with such eligible 

participants. 

ø(9) AUTHORIZATION OF APPROPRIATIONS.—In addition to any 

amounts otherwise authorized or appropriated to carry out this 

section, there are authorized to be appropriated to the Secretary of Commerce $7,000,000 for each of the fiscal years 2011 

through 2013 to carry out this subsection. 

ø(g) INNOVATIVE SERVICES INITIATIVE.— 

ø(1) ESTABLISHMENT.—The Director shall establish, within 

the Centers program under this section, an innovative services 

initiative to assist small- and medium-sized manufacturers 

in— 

ø(A) reducing their energy usage, greenhouse gas emissions, and environmental waste to improve profitability; 

ø(B) accelerating the domestic commercialization of new 

product technologies, including components for renewable 

energy and energy efficiency systems; and 


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ø(C) identification of and diversification to new markets, 

including support for transitioning to the production of 

components for renewable energy and energy efficiency 

systems. 

ø(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. 

ø(h) REPORTS.— ø(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. 

ø(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)). 

ø(i) DESIGNATION.— ø(1) HOLLINGS MANUFACTURING EXTENSION PARTNERSHIP.— The program under this section shall be known as the ‘‘Hollings Manufacturing Extension Partnership’’. 

ø(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’’). 

ø(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. 

ø(k) EVALUATION OF OBSTACLES UNIQUE TO SMALL MANUFACTUR- ERS.—The Director shall— 

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

ø(2) implement a comprehensive plan to train the Centers to 

address such obstacles; and 

ø(3) facilitate improved communication between the Centers 

to assist such manufacturers in implementing appropriate, targeted solutions to such obstacles.¿ 

SEC. 25. HOLLINGS MANUFACTURING EXTENSION PARTNERSHIP. 

(a) DEFINITIONS.—In this section: 

(1) APPROPRIATE COMMITTEES OF CONGRESS.—The term ‘‘appropriate committees of Congress’’ means— 

(A) the Committee on Commerce, Science, and Transportation of the Senate; and 

(B) the Committee on Science, Space, and Technology of 

the House of Representatives. 

(2) AREA CAREER AND TECHNICAL EDUCATION SCHOOL.—The 

term ‘‘area career and technical education school’’ has the 

meaning given the term in section 3 of the Vocational Education Act of 1963 (20 U.S.C. 2302). 


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(3) CENTER.—The term ‘‘Center’’ means a manufacturing extension center that— 

(A) is created under subsection (b); and 

(B) is affiliated with an eligible entity that applies for 

and is awarded financial support under subsection (e). 

(4) COMMUNITY COLLEGE.—The term ‘‘community college’’ 

means an institution of higher education (as defined under section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 

1001(a))) at which the highest degree that is predominately 

awarded to students is an associate’s degree. 

(5) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means a 

United States-based nonprofit institution, or consortium thereof, 

an institution of higher education, or a State, United States territory, local, or tribal government. 

(6) HOLLINGS MANUFACTURING EXTENSION PARTNERSHIP OR

PROGRAM.—The term ‘‘Hollings Manufacturing Extension Partnership’’ or ‘‘Program’’ means the program established under 

subsection (b). 

(7) MEP ADVISORY BOARD.—The term ‘‘MEP Advisory Board’’ 

means the Manufacturing Extension Partnership Advisory 

Board established under subsection (n). 

(b) ESTABLISHMENT AND PURPOSE.—The Secretary, acting 

through the Director and, if appropriate, through other Federal officials, shall establish a program to provide assistance for the creation and support of manufacturing extension centers for the transfer of manufacturing technology and best business practices. 

(c) OBJECTIVE.—The objective of the Program shall be to enhance 

competitiveness, productivity, and technological performance in 

United States manufacturing through— 

(1) the transfer of manufacturing technology and techniques 

developed at the Institute to Centers and, through them, to 

manufacturing companies throughout the United States; 

(2) the participation of individuals from industry, institutions 

of higher education, State governments, other Federal agencies, 

and, when appropriate, the Institute in cooperative technology 

transfer activities; 

(3) efforts to make new manufacturing technology and processes usable by United States-based small and medium-sized 

companies; 

(4) the active dissemination of scientific, engineering, technical, and management information about manufacturing to industrial firms, including small and medium-sized manufacturing companies; 

(5) the utilization, when appropriate, of the expertise and capability that exists in Federal agencies, other than the Institute, 

and federally-sponsored laboratories; 

(6) the provision to community colleges and area career and 

technical education schools of information about the job skills 

needed in manufacturing companies, including small and medium-sized manufacturing businesses in the regions they serve; 

(7) the promotion and expansion of certification systems, including efforts to assist small- and medium-sized manufacturing businesses in creating new apprenticeships or utilizing 

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viding access to information and experts, to address workforce 

needs and skills gaps; and 

(8) the growth in employment and wages at United Statesbased small and medium-sized companies. 

(d) ACTIVITIES.—The activities of a Center shall include— 

(1) the establishment of automated manufacturing systems 

and other advanced production technologies, based on Institutesupported research, for the purpose of demonstrations and technology transfer; 

(2) the active transfer and dissemination of research findings 

and Center expertise to a wide range of companies and enterprises, particularly small and medium-sized manufacturers; 

and 

(3) the facilitation of collaborations and partnerships between 

small and medium-sized manufacturing companies , community colleges, and area career and technical education schools, 

to help those entities better understand the specific needs of 

manufacturers and to help manufacturers better understand the 

skill sets that students learn in the programs offered by such 

colleges and schools. 

(e) FINANCIAL ASSISTANCE.— (1) AUTHORIZATION.—Except as provided in paragraph (2), 

the Secretary may provide financial assistance for the creation 

and support of a Center through a cooperative agreement with 

an eligible entity. 

(2) COST SHARING.—The Secretary may not provide more 

than 50 percent of the capital and annual operating and maintenance funds required to establish and support a Center. 

(3) RULE OF CONSTRUCTION.—For purposes of paragraph (2), 

any amount received by an eligible entity for a Center under a 

provision of law other than paragraph (1) shall not be considered an amount provided under paragraph (1). 

(f) APPLICATIONS.— (1) IN GENERAL.—An eligible entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. 

(2) PROGRAM DESCRIPTION.—The Secretary shall establish 

and update, as necessary— 

(A) a description of the Program; 

(B) the application procedures; 

(C) performance metrics; 

(D) criteria for determining qualified applicants; and 

(E) criteria for choosing recipients of financial assistance 

from among the qualified applicants. 

(F) procedures for determining allowable cost share contributions; and 

(G) such other program policy objectives and operational 

procedures as the Secretary considers necessary. 

(3) COST SHARING.— (A) IN GENERAL.—To be considered for financial assistance under this section, an applicant shall provide adequate assurances that the applicant and if applicable, the 

applicant’s partnering organizations, will obtain funding 

for not less than 50 percent of the capital and annual operating and maintenance funds required to establish and 


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support the Center from sources other than the financial assistance provided under subsection (e). 

(B) AGREEMENTS WITH OTHER ENTITIES.—In meeting the 

cost-sharing requirement under subparagraph (A), an eligible entity may enter into an agreement with 1 or more other 

entities, such as a private industry, an institution of higher 

education, or a State, United States territory, local, or tribal government for the contribution by that other entity of 

funding if the Secretary determines the agreement— 

(i) is programmatically reasonable; 

(ii) will help accomplish programmatic objectives; 

and 

(iii) is allocable under Program procedures under 

subsection (f)(2). 

(4) LEGAL RIGHTS.—Each applicant shall include in the application a proposal for the allocation of the legal rights associated with any intellectual property which may result from the 

activities of the Center. 

(5) MERIT REVIEW OF APPLICATIONS.— 

(A) IN GENERAL.—The Secretary shall subject each application to merit review. 

(B) CONSIDERATIONS.—In making a decision whether to 

approve an application and provide financial assistance 

under subsection (e), the Secretary shall consider, at a minimum— 

(i) the merits of the application, particularly those 

portions of the application regarding technology transfer, training and education, and adaptation of manufacturing technologies to the needs of particular industrial sectors; 

(ii) the quality of service to be provided; 

(iii) the geographical diversity and extent of the service area; and 

(iv) the type and percentage of funding from other 

sources under paragraph (3). 

(g) EVALUATIONS.— (1) THIRD AND EIGHTH YEAR EVALUATIONS BY PANEL.— (A) IN GENERAL.—The Secretary shall ensure that each 

Center is evaluated during its third and eighth years of operation by an evaluation panel appointed by the Secretary. 

(B) COMPOSITION.—The Secretary shall ensure that each 

evaluation panel appointed under subparagraph (A) is 

composed of— 

(i) private experts, none of whom are connected with 

the Center evaluated by the panel; and 

(ii) Federal officials. 

(C) CHAIRPERSON.—For each evaluation panel appointed 

under subparagraph (B), the Secretary shall appoint a 

chairperson who is an official of the Institute. 

(2) FIFTH YEAR EVALUATIONS BY SECRETARY.—In the fifth 

year of operation of a Center, the Secretary shall conduct a review of the Center. 

(3) PERFORMANCE MEASUREMENT.—In evaluating a Center an 

evaluation panel or the Secretary, as applicable, shall measure 

the performance of the Center against— 


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(A) the objective specified in subsection (c); 

(B) the performance metrics under subsection (f)(2)(C); 

and 

(C) such other criterion as considered appropriate by the 

Secretary. 

(4) POSITIVE EVALUATIONS.—If an evaluation of a Center is 

positive, the Secretary may continue to provide financial assistance for the Center— 

(A) in the case of an evaluation occurring in the third 

year of a Center, through the fifth year of the Center; 

(B) in the case of an evaluation occurring in the fifth year 

of a Center, through the eighth year of the Center; and 

(C) in the case of an evaluation occurring in the eighth 

year of a Center, through the tenth year of the Center. 

(5) OTHER THAN POSITIVE EVALUATIONS.— 

(A) PROBATION.—If an evaluation of a Center is other 

than positive, the Secretary shall put the Center on probation during the period beginning on the date that the Center receives notice under subparagraph (B)(i) and ending on 

the date that the reevaluation is complete under subparagraph (B)(iii). 

(B) NOTICE AND REEVALUATION.—If a Center receives an 

evaluation that is other than positive, the evaluation panel 

or Secretary, as applicable, shall— 

(i) notify the Center of the reason, including any deficiencies in the performance of the Center identified 

during the evaluation; 

(ii) assist the Center in remedying the deficiencies by 

providing the Center, not less frequently than once 

every 3 months, an analysis of the Center, if considered 

appropriate by the panel or Secretary, as applicable; 

and 

(iii) reevaluate the Center not later than 1 year after 

the date of the notice under clause (i). 

(C) CONTINUED SUPPORT DURING PERIOD OF PROBA- TION.—The Secretary may continue to provide financial assistance under subsection (e) for a Center during the probation period. 

(6) FAILURE TO REMEDY.— (A) IN GENERAL.—If a Center fails to remedy a deficiency 

or to show significant improvement in performance before 

the end of the probation period under paragraph (5), the 

Secretary shall conduct a competition to select an operator 

for the Center under subsection (h). 

(B) TREATMENT OF CENTERS SUBJECT TO NEW COMPETITION.—Upon the selection of an operator for a Center under 

subsection (h), the Center shall be considered a new Center 

and the calculation of the years of operation of that Center 

for purposes of paragraphs (1) through (5) of this subsection and subsection (h)(1) shall start anew. 

(h) REAPPLICATION COMPETITION FOR FINANCIAL ASSISTANCE

AFTER 10 YEARS.— (1) IN GENERAL.—If an eligible entity has operated a Center 

under this section for a period of 10 consecutive years, the Secretary shall conduct a competition to select an eligible entity to 


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operate the Center in accordance with the process plan under 

subsection (i). 

(2) INCUMBENT ELIGIBLE ENTITIES.—An eligible entity that 

has received financial assistance under this section for a period 

of 10 consecutive years and that the Secretary determines is in 

good standing shall be eligible to compete in the competition 

under paragraph (1). 

(3) TREATMENT OF CENTERS SUBJECT TO REAPPLICATION COM- PETITION.—Upon the selection of an operator for a Center under 

paragraph (1), the Center shall be considered a new Center and 

the calculation of the years of operation of that Center for purposes of paragraphs (1) through (5) of subsection (g) shall start 

anew. 

(i) PROCESS PLAN.—Not later than 180 days after the date of the 

enactment of the American Innovation and Competitiveness Act, the 

Secretary shall implement and submit to Congress a plan for how 

the Institute will conduct an evaluation, competition, and reapplication competition under this section. 

(j) OPERATIONAL REQUIREMENTS.— 

(1) PROTECTION OF CONFIDENTIAL INFORMATION OF CENTER

CLIENTS.—The following information, if obtained by the Federal 

Government in connection with an activity of a Center or the 

Program, shall be exempt from public disclosure under section 

552 of title 5, United States Code: 

(A) Information on the business operation of any participant in the Program or of a client of a Center. 

(B) Trade secrets of any client of a Center. 

(k) OVERSIGHT BOARDS.— (1) IN GENERAL.—As a condition on receipt of financial assistance for a Center under subsection (e), an eligible entity shall 

establish a board to oversee the operations of the Center. 

(2) STANDARDS.— 

(A) IN GENERAL.—The Director shall establish appropriate standards for each board described under paragraph 

(1). 

(B) CONSIDERATIONS.—In establishing the standards, the 

Director shall take into account the type and organizational 

structure of an eligible entity. 

(C) REQUIREMENTS.—The standards shall address, at a 

minimum— 

(i) membership; 

(ii) composition; 

(iii) term limits; 

(iv) conflicts of interest; and 

(v) whether to limit board members serving on multiple boards under this section. 

(3) MEMBERSHIP.— 

(A) IN GENERAL.—Each board established under paragraph (1) shall be composed of members as follows: 

(i) The membership of each board shall be representative of stakeholders in the region in which the Center 

is located. 

(ii) A majority of the members of the board shall be 

selected from among individuals who own or are employed by small or medium-sized manufacturers. 


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(B) LIMITATION.—A member of a board established under 

paragraph (1) may not serve on more than 1 board established under that paragraph. 

(4) BYLAWS.— (A) IN GENERAL.—Each board established under paragraph (1) shall adopt and submit to the Director bylaws to 

govern the operation of the board. 

(B) CONFLICTS OF INTEREST.—Bylaws adopted under 

subparagraph (A) shall include policies to minimize conflicts of interest, including such policies relating to disclosure of relationships and recusal as may be necessary to 

minimize conflicts of interest. 

(l) ACCEPTANCE OF FUNDS.—In addition to such sums as may be 

appropriated to the Secretary and Director to operate the Program, 

the Secretary and Director may also accept funds from other Federal departments and agencies and from the private sector under 

section 2(c)(7) of this Act (15 U.S.C. 272(c)(7)), to be available to the 

extent provided by appropriations Acts, for the purpose of strengthening United States manufacturing. 

(m) MEP ADVISORY BOARD.— 

(1) ESTABLISHMENT.—There is established within the Institute a Manufacturing Extension Partnership Advisory Board. 

(2) MEMBERSHIP.— (A) COMPOSITION.— (i) IN GENERAL.—The MEP Advisory Board shall 

consist of not fewer than 10 members appointed by the 

Director and broadly representative of stakeholders. 

(ii) REQUIREMENTS.—Of the members appointed 

under clause (i)— 

(I) at least 2 members shall be employed by or 

on an advisory board for a Center; and 

(II) at least 5 other members shall be from 

United States small businesses in the manufacturing sector. 

(iii) LIMITATION.—No member of the MEP Advisory 

Board shall be an employee of the Federal Government. 

(B) TERM.—Except as provided in subparagraph (C), the 

term of office of each member of the MEP Advisory Board 

shall be 3 years. 

(C) VACANCIES.—Any member appointed to fill a vacancy 

occurring prior to the expiration of the term for which his 

predecessor was appointed shall be appointed for the remainder of such term. 

(D) SERVING CONSECUTIVE TERMS.—Any person who has 

completed 2 consecutive full terms of service on the MEP 

Advisory Board shall thereafter be ineligible for appointment during the 1-year period following the expiration of 

the second such term. 

(3) MEETINGS.—The MEP Advisory Board shall— 

(A) meet not less than biannually; and 

(B) provide to the Director— 

(i) advice on the activities, plans, and policies of the 

Program; 

(ii) assessments of the soundness of the plans and 

strategies of the Program; and 


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(iii) assessments of current performance against the 

plans of the Program. 

(4) FACA APPLICABILITY.— 

(A) IN GENERAL.—In discharging its duties under this 

subsection, the MEP Advisory Board shall function solely 

in an advisory capacity, in accordance with the Federal Advisory Committee Act (5 U.S.C. App.). 

(B) EXCEPTION.—Section 14 of the Federal Advisory 

Committee Act shall not apply to the MEP Advisory Board. 

(5) ANNUAL REPORT.— 

(A) IN GENERAL.—At a minimum, the MEP Advisory 

Board shall transmit an annual report to the Secretary for 

transmittal to Congress not later than 30 days after the 

submission to Congress of the President’s annual budget request in each year. 

(B) CONTENTS.—The report shall address the status of 

the Program and describe the relevant sections of the programmatic planning document and updates thereto transmitted to Congress by the Director under subsections (c) 

and (d) of section 23 (15 U.S.C. 278i). 

(n) SMALL MANUFACTURERS.— 

(1) EVALUATION OF OBSTACLES.—As part of the Program, the 

Director shall— 

(A) identify obstacles that prevent small manufacturers 

from effectively competing in the global market; 

(B) implement a comprehensive plan to train the Centers 

to address the obstacles identified in paragraph (2); and 

(C) facilitate improved communication between the Centers to assist such manufacturers in implementing appropriate, targeted solutions to the obstacles identified in paragraph (2). 

(2) DEVELOPMENT OF OPEN ACCESS RESOURCES.—As part of 

the Program, the Secretary shall develop open access resources 

that address best practices related to inventory sourcing, supply 

chain management, manufacturing techniques, available Federal resources, and other topics to further the competitiveness 

and profitability of small manufacturers. 

SEC. 25A. COMPETITIVE AWARDS PROGRAM. 

(a) ESTABLISHMENT.—The Director shall establish within the Hollings Manufacturing Extension Partnership under section 25 (15 

U.S.C. 278k) and section 26 (15 U.S.C. 278l) a program of competitive awards among participants described in subsection (b) of this 

section for the purposes described in subsection (c). 

(b) PARTICIPANTS.—Participants receiving awards under this section shall be Centers, or a consortium of Centers. 

(c) PURPOSE, THEMES, AND REIMBURSEMENT.— 

(1) PURPOSE.—The purpose of the program established under 

subsection (a) is to add capabilities to the Hollings Manufacturing Extension Partnership, including the development of 

projects to solve new or emerging manufacturing problems as 

determined by the Director, in consultation with the Director of 

the Hollings Manufacturing Extension Partnership, the MEP 

Advisory Board, other Federal agencies, and small and medium-sized manufacturers. 


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(2) THEMES.—The Director may identify 1 or more themes for 

a competition carried out under this section, which may vary 

from year to year, as the Director considers appropriate after 

assessing the needs of manufacturers and the success of previous competitions. 

(3) REIMBURSEMENT.—Centers may be reimbursed for costs 

incurred by the Centers under this section. 

(d) APPLICATIONS.—Applications for awards under this section 

shall be submitted in such manner, at such time, and containing 

such information as the Director shall require in consultation with 

the MEP Advisory Board. 

(e) SELECTION.— 

(1) PEER REVIEW AND COMPETITIVELY AWARDED.—The Director shall ensure that awards under this section are peer reviewed and competitively awarded. 

(2) GEOGRAPHIC DIVERSITY.—The Director shall endeavor to 

have broad geographic diversity among selected proposals. 

(3) CRITERIA.—The Director shall select applications to receive awards that the Director determines will achieve 1 or 

more of the following: 

(A) Improve the competitiveness of industries in the region in which the Center or Centers are located. 

(B) Create jobs or train newly hired employees. 

(C) Promote the transfer and commercialization of research and technology from institutions of higher education, national laboratories or other Federally-funded research programs, and nonprofit research institutes. 

(D) Recruit a diverse manufacturing workforce, including 

through outreach to women and minorities. 

(E) Such other result as the Director determines will advance the objective set forth in section 25(c) (15 U.S.C. 

278k) or in section 26 (15 U.S.C. 278l). 

(f) PROGRAM CONTRIBUTION.—Recipients of awards under this 

section shall not be required to provide a matching contribution. 

(g) GLOBAL MARKETPLACE PROJECTS.—In making an award 

under this section, the Director, in consultation with the MEP Advisory Board and the Secretary, may take into consideration whether 

an application has significant potential for enhancing the competitiveness of small and medium-sized United States manufacturers in 

the global marketplace. 

(h) DURATION.—The duration of an award under this section 

shall be for not more than 3 years. 

(i) DEFINITIONS.—The terms used in this section have the meanings given the terms in section 25 (15 U.S.C. 278k). 

SEC. 26. ASSISTANCE TO STATE TECHNOLOGY PROGRAMS. 

[15 U.S.C. 278l] 

(a) In addition to the øCenters program created¿ Hollings Manufacturing Extension Partnership under section 25, the Secretary, 

through the Director and, if appropriate, through other officials, 

shall provide technical assistance to State technology programs 

throughout the United States, in order to help those programs help 

businesses, particularly small- and medium-sized businesses, to enhance their competitiveness through the application of science and 

technology. 


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(b) Such assistance from the Institute to State technology programs shall include, but not be limited to— 

(1) technical information and advice from Institute personnel; 

(2) workshops and seminars for State officials interested in 

transferring Federal technology to businesses; and 

(3) entering into cooperative agreements when authorized to 

do so under this or any other Act. 

øSEC. 28. TECHNOLOGY INNOVATION PROGRAM. 

[15 U.S.C. 278n] 

ø(a) ESTABLISHMENT.—There is established within the Institute 

a program linked to the purpose and functions of the Institute, to 

be known as the ‘‘Technology Innovation Program’’ for the purpose 

of assisting United States businesses and institutions of higher 

education or other organizations, such as national laboratories and 

nonprofit research institutions, to support, promote, and accelerate 

innovation in the United States through high-risk, high-reward research in areas of critical national need. 

ø(b) EXTERNAL FUNDING.— ø(1) IN GENERAL.—The Director shall award competitive, 

merit-reviewed grants, cooperative agreements, or contracts 

to— 

ø(A) eligible companies that are small-sized businesses 

or medium-sized businesses; or 

ø(B) joint ventures. 

ø(2) SINGLE COMPANY AWARDS.—No award given to a single company shall exceed $3,000,000 over 3 years. 

ø(3) JOINT VENTURE AWARDS.—No award given to a joint ven- ture shall exceed $9,000,000 over 5 years. 

ø(4) FEDERAL COST SHARE.—The Federal share of a project 

funded by an award under the program shall not be more than 

50 percent of total project costs. 

ø(5) PROHIBITIONS.—Federal funds awarded under this program may be used only for direct costs and not for indirect 

costs, profits, or management fees of a contractor. Any business that is not a small-sized or medium-sized business may 

not receive any funding under this program. 

ø(c) AWARD CRITERIA.—The Director shall only provide assistance 

under this section to an entity— 

ø(1) whose proposal has scientific and technical merit and 

may result in intellectual property vesting in a United States 

entity that can commercialize the technology in a timely manner; 

ø(2) whose application establishes that the proposed technology has strong potential to address critical national needs 

through transforming the Nation’s capacity to deal with major 

societal challenges that are not currently being addressed, and 

generate substantial benefits to the Nation that extend significantly beyond the direct return to the applicant; 

ø(3) whose application establishes that the research has 

strong potential for advancing the state-of-the-art and contributing significantly to the United States science and technology 

knowledge base; 

ø(4) whose proposal explains why Technology Innovation 

Program support is necessary, including evidence that the reVerDate Sep 11 2014 07:42 Dec 04, 2016 Jkt 069010 PO 00000 Frm 00050 Fmt 6659 Sfmt 6602 E:\HR\OC\SR389.XXX SR389

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search will not be conducted within a reasonable time period 

in the absence of financial assistance under this section; 

ø(5) whose application demonstrates that reasonable efforts 

have been made to secure funding from alternative funding 

sources and no other alternative funding sources are reasonably available to support the proposal; and 

ø(6) whose application explains the novelty of the technology 

and demonstrates that other entities have not already developed, commercialized, marketed, distributed, or sold similar 

technologies. 

ø(d) COMPETITIONS.—The Director shall solicit proposals at least 

annually to address areas of critical national need for high-risk, 

high-reward projects. 

ø(e) INTELLECTUAL PROPERTY RIGHTS OWNERSHIP.— 

ø(1) IN GENERAL.—Title to any intellectual property developed by a joint venture from assistance provided under this 

section may vest in any participant in the joint venture, as 

agreed by the members of the joint venture, notwithstanding 

section 202 (a) and (b) of title 35, United States Code. The 

United States may reserve a nonexclusive, nontransferable, irrevocable paid-up license, to have practice for or on behalf of 

the United States in connection with any such intellectual 

property, but shall not in the exercise of such license publicly 

disclose proprietary information related to the license. Title to 

any such intellectual property shall not be transferred or 

passed, except to a participant in the joint venture, until the 

expiration of the first patent obtained in connection with such 

intellectual property. 

ø(2) LICENSING.—Nothing in this subsection shall be construed to prohibit the licensing to any company of intellectual 

property rights arising from assistance provided under this 

section. 

ø(3) DEFINITION.—For purposes of this subsection, the term 

‘‘intellectual property’’ means an invention patentable under 

title 35, United States Code, or any patent on such an invention, or any work for which copyright protection is available 

under title 17, United States Code. 

ø(f) PROGRAM OPERATION.—Not later than 9 months after the 

date of the enactment of this section, the Director shall promulgate 

regulations— 

ø(1) establishing criteria for the selection of recipients of assistance under this section; 

ø(2) establishing procedures regarding financial reporting 

and auditing to ensure that awards are used for the purposes 

specified in this section, are in accordance with sound accounting practices, and are not funding existing or planned research 

programs that would be conducted within a reasonable time 

period in the absence of financial assistance under this section; 

and 

ø(3) providing for appropriate dissemination of Technology 

Innovation Program research results. 

ø(g) CONTINUATION OF ATP GRANTS.—The Director shall, 

through the Technology Innovation Program, continue to provide 

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gram, in accordance with the terms of the original award and consistent with the goals of the Technology Innovation Program. 

ø(h) COORDINATION WITH OTHER STATE AND FEDERAL TECHNOLOGY PROGRAMS.—In carrying out this section, the Director 

shall, as appropriate, coordinate with other senior State and Federal officials to ensure cooperation and coordination in State and 

Federal technology programs and to avoid unnecessary duplication 

of efforts. 

ø(i) ACCEPTANCE OF FUNDS FROM OTHER FEDERAL AGENCIES.— 

In addition to amounts appropriated to carry out this section, the 

Secretary and the Director may accept funds from other Federal 

agencies to support awards under the Technology Innovation Program. Any award under this section which is supported with funds 

from other Federal agencies shall be selected and carried out according to the provisions of this section. Funds accepted from other 

Federal agencies shall be included as part of the Federal cost share 

of any project funded under this section. 

ø(j) TIP ADVISORY BOARD.— 

ø(1) ESTABLISHMENT.—There is established within the Institute a TIP Advisory Board. 

ø(2) MEMBERSHIP.— 

ø(A) IN GENERAL.—The TIP Advisory Board shall consist 

of 10 members appointed by the Director, at least 7 of 

whom shall be from United States industry, chosen to reflect the wide diversity of technical disciplines and industrial sectors represented in Technology Innovation Program projects. No member shall be an employee of the 

Federal Government. 

ø(B) TERM.—Except as provided in subparagraph (C) or 

(D), the term of office of each member of the TIP Advisory 

Board shall be 3 years. 

ø(C) CLASSES.—The original members of the TIP Advisory Board shall be appointed to 3 classes. One class of 3 

members shall have an initial term of 1 year, one class of 

3 members shall have an initial term of 2 years, and one 

class of 4 members shall have an initial term of 3 years. 

ø(D) VACANCIES.—Any member appointed to fill a vacancy occurring prior to the expiration of the term for 

which his predecessor was appointed shall be appointed for 

the remainder of such term. 

ø(E) SERVING CONSECUTIVE TERMS.—Any person who has 

completed 2 consecutive full terms of service on the TIP 

Advisory Board shall thereafter be ineligible for appointment during the 1-year period following the expiration of 

the second such term. 

ø(3) PURPOSE.—The TIP Advisory Board shall meet not less 

than 2 times annually, and provide the Director— 

ø(A) advice on programs, plans, and policies of the Technology Innovation Program; 

ø(B) reviews of the Technology Innovation Program’s efforts to accelerate the research and development of challenging, high-risk, high-reward technologies in areas of 

critical national need; 


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ø(C) reports on the general health of the program and its 

effectiveness in achieving its legislatively mandated mission; and 

ø(D) guidance on investment areas that are appropriate 

for Technology Innovation Program funding; 

ø(4) ADVISORY CAPACITY.—In discharging its duties under 

this subsection, the TIP Advisory Board shall function solely in 

an advisory capacity, in accordance with the Federal Advisory 

Committee Act. 

ø(k) DEFINITIONS.—In this section— 

ø(1) the term ‘‘eligible company’’ means a small-sized or medium-sized business that is incorporated in the United States 

and does a majority of its business in the United States, and 

that either— 

ø(A) is majority owned by citizens of the United States; 

or 

ø(B) is owned by a parent company incorporated in another country and the Director finds that— 

ø(i) the company’s participation in the Technology 

Innovation Program would be in the economic interest 

of the United States, as evidenced by— 

ø(I) investments in the United States in research and manufacturing; 

ø(II) significant contributions to employment in 

the United States; and 

ø(III) agreement with respect to any technology 

arising from assistance provided under this section to promote the manufacture within the 

United States of products resulting from that 

technology; and 

ø(ii) the company is incorporated in a country 

which— 

ø(I) affords to United States-owned companies 

opportunities, comparable to those afforded to any 

other company, to participate in any joint venture 

similar to those receiving funding under this section; 

ø(II) affords to United States-owned companies 

local investment opportunities comparable to 

those afforded any other company; and 

ø(III) affords adequate and effective protection 

for intellectual property rights of United Statesowned companies; 

ø(2) the term ‘‘high-risk, high-reward research’’ means research that— 

ø(A) has the potential for yielding transformational results with far-ranging or wide-ranging implications; 

ø(B) addresses critical national needs within the National Institute of Standards and Technology’s areas of 

technical competence; and 

ø(C) is too novel or spans too diverse a range of disciplines to fare well in the traditional peer-review process; 

ø(3) the term ‘‘institution of higher education’’ has the meaning given that term in section 101 of the Higher Education Act 

of 1965 (20 U.S.C. 1001); 


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ø(4) the term ‘‘joint venture’’ means a joint venture that— 

ø(A) includes either— 

ø(i) at least 2 separately owned for-profit companies 

that are both substantially involved in the project and 

both of which are contributing to the cost-sharing required under this section, with the lead entity of the 

joint venture being one of those companies that is a 

small-sized or medium-sized business; or 

ø(ii) at least 1 small-sized or medium-sized business 

and 1 institution of higher education or other organization, such as a national laboratory or nonprofit research institute, that are both substantially involved 

in the project and both of which are contributing to 

the cost-sharing required under this section, with the 

lead entity of the joint venture being either that smallsized or medium-sized business or that institution of 

higher education; and 

ø(B) may include additional for-profit companies, institutions of higher education, and other organizations, such as 

national laboratories and nonprofit research institutes, 

that may or may not contribute non-Federal funds to the 

project; and 

ø(5) the term ‘‘TIP Advisory Board’’ means the advisory 

board established under subsection (j).¿ 

SMALL BUSINESS JOBS ACT OF 2010 

[Public Law 111–240; 124 Stat. 2504] 

SEC. 4226. HOLLINGS MANUFACTURING PARTNERSHIP PROGRAM; 

TECHNOLOGY INNOVATION PROGRAM. 

[15 U.S.C. 278n note] 

* * * * * * * 

ø(b) TECHNOLOGY INNOVATION PROGRAM.—In awarding grants, 

cooperative agreements, or contracts under section 28 of the National Institute of Standards and Technology Act (15 U.S.C. 278n), 

in addition to the award criteria set forth in subsection (c) of that 

section, the Director of the National Institute of Standards and 

Technology may take into consideration whether an application has 

significant potential for enhancing the competitiveness of smalland medium-sized businesses in the United States in the global 

marketplace. The Director shall consult with the Technology Innovation Program Advisory Board and the Secretary of Commerce in 

implementing this subsection.¿ 

STEVENSON-WYDLER TECHNOLOGY INNOVATION ACT OF 

1980 

[15 U.S.C. 3701 et seq.] 

SEC. 8. GRANTS AND COOPERATIVE AGREEMENTS. 

[15 U.S.C. 3706] 

(a) IN GENERAL.—The Secretary may make grants and enter into 

cooperative agreements according to the provisions of this section 

in order to assist any activity consistent with this Act, including activities performed by individuals. øThe total amount of any such 


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grant or cooperative agreement may not exceed 75 percent of the 

total cost of the program.¿ 

(b) ELIGIBILITY AND PROCEDURE.—Any person or institution may 

apply to the Secretary for a grant or cooperative agreement available under this section. Application shall be made in such form and 

manner, and with such content and other submissions, as the Assistant Secretary shall prescribe. The Secretary shall act upon each 

such application within 90 days after the date on which all required information is received. 

(c) TERMS AND CONDITIONS.— (1) Any grant made, or cooperative agreement entered into, 

under this section shall be subject to the limitations and provisions set forth in paragraph (2) of this subsection, and to such 

other terms, conditions, and requirements as the Secretary 

deems necessary or appropriate. 

(2) Any person who receives or utilizes any proceeds of any 

grant made or cooperative agreement entered into under this 

section shall keep such records as the Secretary shall by regulation prescribe as being necessary and appropriate to facilitate 

effective audit and evaluation, including records which fully 

disclose the amount and disposition by such recipient of such 

proceeds, the total cost of the program or project in connection 

with which such proceeds were used, and the amount, if any, 

of such costs which was provided through other sources. 

SEC. 24. PRIZE COMPETITIONS. 

[15 U.S.C. 3719] 

(a) DEFINITIONS.—In this section: 

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

(2) DIRECTOR.—The term ‘‘Director’’ means the Director of 

the Office of Science and Technology Policy. 

(3) FEDERAL AGENCY.—The term ‘‘Federal agency’’ has the 

meaning given under section 4, except that term shall not include any agency of the legislative branch of the Federal Government. 

(4) HEAD OF AN AGENCY.—The term ‘‘head of an agency’’ 

means the head of a Federal agency. 

(b) IN GENERAL.—Each head of an agency, or the heads of multiple agencies in cooperation, may carry out a program to award 

prizes competitively to stimulate innovation that has the potential 

to advance the mission of the respective agency. 

(c) øPRIZES¿ PRIZE COMPETITIONS.—For purposes of this section, 

a øprize may be one or more of the following¿ prize competition 

may be 1 or more of the following types of activities: 

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

(2) An exposition prize competition that helps identify and 

promote a broad range of ideas and practices that may not otherwise attract attention, facilitating further development of the 

idea or practice by third parties. 

(3) Participation øprizes¿ prize competitions that create 

value during and after the competition by encouraging contestants to change their behavior or develop new skills that may 

have beneficial effects during and after the competition. 

(4) Such other types of øprizes¿ prize competitions as each 

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tion 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 øin the Federal 

Register¿ on a publicly accessible Government website, such as 

www.challenge.gov, announcing— 

(1) the subject of the prize competition; 

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

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

(4) the amount of the øprize¿ cash prize purse or non-cash 

prize award; and 

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

(g) ELIGIBILITY.—To be eligible to win a øprize¿ cash prize purse 

under this section, an individual or entity— 

(1) shall have registered to participate in the prize competition under any rules promulgated by the head of an agency 

under subsection (f); 

(2) shall have complied with all the requirements under this 

section; 

(3) in the case of a private entity, shall be incorporated in 

and maintain a primary place of business in the United States, 

and in the case of an individual, whether participating singly 

or in a group, shall be a citizen or permanent resident of the 

United States; and 

(4) may not be a Federal entity or Federal employee acting 

within the scope of their employment. 

(h) CONSULTATION WITH FEDERAL EMPLOYEES.—An individual or 

entity shall not be deemed ineligible under subsection (g) because 

the individual or entity used Federal facilities or consulted with 

Federal employees during a prize competition if the facilities and 

employees are made available to all individuals and entities participating in the prize competition on an equitable basis. 

(i) LIABILITY.— 

(1) IN GENERAL.— 

(A) DEFINITION.—In this paragraph, the term ‘‘related 

entity’’ means a contractor or subcontractor at any tier, 

and a supplier, user, customer, cooperating party, grantee, 

investigator, or detailee. 

(B) LIABILITY.—Registered participants shall be required 

to agree to assume any and all risks and waive claims 

against the Federal Government and its related entities, 

except in the case of willful misconduct, for any injury, 

death, damage, or loss of property, revenue, or profits, 

whether direct, indirect, or consequential, arising from 

their participation in a prize competition, whether the injury, death, damage, or loss arises through negligence or 

otherwise. 


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(2) INSURANCE.—Participants shall be required to obtain liability insurance or demonstrate financial responsibility, in 

amounts determined by the head of an agency, for claims by— 

(A) a third party for death, bodily injury, or property 

damage, or loss resulting from an activity carried out in 

connection with participation in a prize competition, with 

the Federal Government named as an additional insured 

under the registered participant’s insurance policy and 

registered participants agreeing to indemnify the Federal 

Government against third party claims for damages arising from or related to prize competition activities; and 

(B) the Federal Government for damage or loss to Government property resulting from such an activity. 

(3) WAIVERS.— 

(A) IN GENERAL.—An agency may waive the requirement 

under paragraph (2). 

(B) LIST.—The Director shall include a list of all of the 

waivers granted under this paragraph during the preceding 

fiscal year, including a detailed explanation of the reason 

for granting the waiver. 

ø(3)¿(4) EXCEPTION.—The head of an agency may not require 

a participant to waive claims against the administering entity 

arising out of the unauthorized use or disclosure by the agency 

of the intellectual property, trade secrets, or confidential business information of the participant. 

(j) INTELLECTUAL PROPERTY.— 

(1) PROHIBITION ON THE GOVERNMENT ACQUIRING INTELLECTUAL PROPERTY RIGHTS.—The Federal Government may not 

gain an interest in intellectual property developed by a participant in a prize competition without the written consent of the 

participant. 

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

(2) LICENSES.—As appropriate and to further the goals of a 

prize competition, the Federal Government may— 

(A) negotiate a license for the use of intellectual property 

developed by a registered participant in a prize competition; 

or 

(B) require a registered participant in a prize competition 

to provide an open license to the public for the use of the 

intellectual property if that requirement is disclosed prior 

to registration. 

(3) ELECTRONIC CONSENT.—The Federal Government may obtain consent to the intellectual property and licensing terms of 

a prize competition from participants during the online registration for the prize competition. 

(k) JUDGES.— 

(1) IN GENERAL.—For øeach competition¿ each prize competition, the head of an agency, either directly or through an 

agreement under subsection (l), shall appoint one or more 

qualified judges to select the winner or winners of the prize 

competition on the basis described under subsection (f). Judges 

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viduals from outside the agency, including from the private 

sector. 

(2) RESTRICTIONS.—A judge may not— 

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

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

(3) GUIDELINES.—The heads of agencies who carry out prize 

competitions under this section shall develop guidelines to ensure that the judges appointed for such prize competitions are 

fairly balanced and operate in a transparent manner. 

(4) EXEMPTION FROM FACA.—The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to any committee, 

board, commission, panel, task force, or similar entity, created 

solely for the purpose of judging prize competitions under this 

section. 

(l) ADMINISTERING THE COMPETITION.—The head of an agency 

may enter into øan agreement with a private, nonprofit entity to 

administer a prize competition, subject to the provisions of this section.¿ a grant, contract, cooperative agreement, or other agreement 

with a private sector for-profit or nonprofit entity or State or local 

government agency to administer the prize competition, subject to 

the provisions of this section. 

(m) FUNDING.— ø(1) IN GENERAL.—Support for a prize competition under this 

section, including financial support for the design and administration of a prize or funds for a monetary prize purse, may consist of Federal appropriated funds and funds provided by the 

private sector for such cash prizes. The head of an agency may 

accept funds from other Federal agencies to support such competitions. The head of an agency may not give any special consideration to any private sector entity in return for a donation.¿ 

(1) IN GENERAL.—Support for a prize competition under this 

section, including financial support for the design and administration of a prize competition or funds for a cash prize purse, 

may consist of Federal appropriated funds and funds provided 

by private sector for-profit and nonprofit entities. The head of 

an agency may request and accept funds from other Federal 

agencies, State, United States territory, local, or tribal government agencies, private sector for-profit entities, and nonprofit 

entities, to be available to the extent provided by appropriations 

Acts, to support such prize competitions. The head of an agency 

may not give any special consideration to any agency or entity 

in return for a donation. 

(2) AVAILABILITY OF FUNDS.—Notwithstanding any other provision of law, funds appropriated for øprize awards¿ cash prize 

purses or non-cash prize awards under this section shall remain available until expended. No provision in this section permits obligation or payment of funds in violation of section 1341 

of title 31, United States Code. 

(3) AMOUNT OF PRIZE.— 

ø(A) ANNOUNCEMENT.—No prize may be announced 

under subsection (f) until all the funds needed to pay out 


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the announced amount of the prize have been appropriated 

or committed in writing by a private source.¿ 

(A) ANNOUNCEMENT.—No prize competition may be announced under subsection (f) until all the funds needed to 

pay out the announced amount of the cash prize purse have 

been appropriated or committed in writing by a private or 

State, United States territory, local, or tribal government 

source. 

(B) INCREASE IN AMOUNT.—The head of an agency may 

increase the amount of øa prize¿ a cash prize purse or noncash prize award after an initial announcement is made 

under subsection (f) only if— 

(i) notice of the increase is provided in the same 

manner as the initial notice of the prize competition; 

and 

(ii) the funds needed to pay out the announced 

amount of the increase have been appropriated or 

committed in writing by a private o r State, United 

States territory, local, or tribal government source. 

(4) LIMITATION ON AMOUNT.— 

(A) NOTICE TO CONGRESS.—No prize competition under 

this section may offer øa prize¿ a cash prize purse or a 

non-cash prize award in an amount greater than 

$50,000,000 unless 30 days have elapsed after written notice has been transmitted to the Committee on Commerce, 

Science, and Transportation of the Senate and the Committee on øScience and Technology¿ Science, Space, and 

Technology of the House of Representatives. 

(B) APPROVAL OF HEAD OF AGENCY.—No prize competition under this section may result in the award of more 

than $1,000,000 in øcash prizes¿ cash prize purses or noncash prize awards without the approval of the head of an 

agency. 

(n) GENERAL øSERVICE¿ SERVICES ADMINISTRATION ASSISTANCE.—Not later than 180 days after the date of øthe enactment 

of the America COMPETES Reauthorization Act of 2010,¿ the date 

of enactment of the American Innovation and Competitiveness Act, 

the General Services Administration shall provide government 

wide services to share best practices and assist agencies in developing guidelines for issuing prize competitions. The General Services Administration shall develop a contract vehicle for both forprofit and nonprofit entities and State, United States territory, 

local, and tribal government entities, to provide agencies access to 

relevant products and services, including technical assistance in 

structuring and conducting prize competitions to take maximum 

benefit of the marketplace as they identify and pursue prize competitions to further the policy objectives of the Federal Government. 

(o) COMPLIANCE WITH EXISTING LAW.— 

(1) IN GENERAL.—The Federal Government shall not, by virtue of offering øor providing a prize¿ a prize competition or 

providing a cash prize purse or non-cash prize award under 

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ing, export control, and nonproliferation laws, and related regulations. 

(2) OTHER PRIZE AUTHORITY.—Nothing in this section affects 

the prize authority authorized by any other provision of law. 

(p) øANNUAL¿ BIENNIAL REPORT.— (1) IN GENERAL.—Not later than March 1 of øeach year¿ 

every other year, the Director shall submit to the Committee on 

Commerce, Science, and Transportation of the Senate and the 

Committee on øScience and Technology¿ Science, Space, and 

Technology of the House of Representatives a report on the activities carried out during the preceding øfiscal year¿ 2 fiscal 

years under the authority in subsection (b). 

(2) INFORMATION INCLUDED.—øThe report for a fiscal year¿ 

A report under this subsection shall include, for each prize 

competition under subsection (b), the following: 

(A) PROPOSED GOALS.—A description of the proposed 

goals of each prize competition. 

(B) PREFERABLE METHOD.—An analysis of why the utilization of the authority in subsection (b) was the preferable 

method of achieving the goals described in subparagraph 

(A) as opposed to other authorities available to the agency, 

such as contracts, grants, and cooperative agreements. 

(C) AMOUNT OF CASH øPRIZES¿ PRIZE PURSES OR NON- CASH PRIZE AWARDS.—The total amount of øcash prizes¿ 

cash prize purses or non-cash prize awards awarded for 

each prize competition, including a description of amount 

of private funds contributed to the program, the sources of 

such funds, and the manner in which the amounts of 

øcash prizes¿ cash prize purses or non-cash prize awards 

awarded and claimed were allocated among the accounts of 

the agency for recording as obligations and expenditures. 

(D) SOLICITATIONS AND EVALUATION OF SUBMISSIONS.— 

The methods used for the solicitation and evaluation of 

submissions under each prize competition, together with 

an assessment of the effectiveness of such methods and 

lessons learned for future prize competitions. 

(E) RESOURCES.—A description of the resources, including personnel and funding, used in the execution of each 

prize competition together with a detailed description of 

the activities for which such resources were used and an 

accounting of how funding for execution was allocated 

among the accounts of the agency for recording as obligations and expenditures. 

(F) RESULTS.—A description of how each prize competition advanced the mission of the agency concerned. 

(G) PLAN.—A description of crosscutting topical areas 

and agency-specific mission needs that may be the strongest 

opportunities for prize competitions during the upcoming 2 

fiscal years. 

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

[15 U.S.C. 3721] 

* * * * * * * 

(o) COORDINATION AND NONDUPLICATION.— 


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(1) IN GENERAL.—To the maximum extent practicable, the 

Secretary shall ensure that the activities carried out under this 

section are coordinated with, and do not duplicate the efforts 

of, other loan guarantee programs within the Federal Government. 

(2) ACCESS TO CAPITAL.—The Secretary, in coordination with 

the Small Business Administration and the National Institute 

of Standards and Technology, shall identify any gaps in the access of small- or medium-sized manufacturers to capital for the 

use or production of innovative technologies that the program 

could fill, and develop marketing materials and conduct outreach to target those gaps. 

* * * * * * * 

SEC. 27. REGIONAL INNOVATION PROGRAM. 

[15 U.S.C. 3722] 

* * * * * * * 

(g) FUNDING.— 

(1) GENERAL RULE.—Except as provided in paragraph (2), no 

funds are authorized to be appropriated by the Revitalize 

American Manufacturing and Innovation Act of 2014 for carrying out this section. 

ø(2) AUTHORITY.—To the extent provided for in advance by 

appropriations Acts, the Secretary may use not to exceed 

$10,000,000 for each of the fiscal years 2015 through 2019 to 

carry out this section from amounts appropriated for economic 

development assistance programs.¿ 

(2) AUTHORIZATION LEVELS.—From amounts appropriated for 

economic development assistance programs, the Secretary may 

use $30,000,000 for each of the fiscal years 2017 and 2018 for 

grants under this section. 

SEC. 28. STEM APPRENTICESHIP PROGRAMS. 

(a) IN GENERAL.—The Secretary of Commerce may carry out a 

grant program to identify the need for skilled science, technology, 

engineering, and mathematics (referred to in this section as 

‘‘STEM’’) workers and to expand STEM apprenticeship programs. 

(b) ELIGIBLE RECIPIENT DEFINED.—In this section, the term ‘‘eligible recipient’’ means— 

(1) a State; 

(2) an Indian tribe; 

(3) a city or other political subdivision of a State; 

(4) an entity that— 

(A) is a nonprofit organization, an institution of higher 

education, a public-private partnership, a science or research park, a Federal laboratory, or an economic development organization or similar entity; and 

(B) has an application that is supported by a State, a political subdivision of a State, or a native organization; or 

(5) a consortium of any of the entities described in paragraphs (1) through (5). 

(c) NEEDS ASSESSMENT GRANTS.—The Secretary of Commerce 

may provide a grant to an eligible recipient to conduct a needs assessment to identify— 


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(1) the unmet need of a region’s employer base for skilled 

STEM workers; 

(2) the potential of STEM apprenticeships to address the 

unmet need described in paragraph (1); and 

(3) any barriers to addressing the unmet need described in 

paragraph (1). 

(d) APPRENTICESHIP EXPANSION GRANTS.—The Secretary of Commerce may provide a grant to an eligible recipient that has conducted a needs assessment as described in subsection (c)(1) to develop infrastructure to expand STEM apprenticeship programs. 

TECHNOLOGY ADMINISTRATION ACT OF 1998 

[Public Law 105–309; 112 Stat. 2935] 

SEC. 6. ENHANCEMENT OF SCIENCE AND MATHEMATICS PROGRAMS. 

[15 U.S.C. 272 note] 

(a) DEFINITIONS.—In this section— 

(1) EDUCATIONALLY USEFUL FEDERAL EQUIPMENT.—The term 

‘‘educationally useful Federal equipment’’ means computers 

and related peripheral tools and research equipment that is 

appropriate for use in schools. 

(2) SCHOOL.—The term ‘‘school’’ means a public or private 

educational institution that serves any of the grades of kindergarten through grade 12. 

(b) SENSE OF THE CONGRESS.— 

ø(1) IN GENERAL¿.—It is the sense of the Congress that the 

Director of the National Institute of Standards and Technology 

should, to the greatest extent practicable and in a manner consistent with applicable Federal law (including Executive Order 

No. 12999), donate educationally useful Federal equipment to 

schools in order to enhance the science and mathematics programs of those schools. 

ø(2) REPORTS.— 

ø(A) IN GENERAL.—Not later than 1 year after the date 

of the enactment of this Act, and annually thereafter, the 

Director of the National Institute of Standards and Technology shall prepare and submit to the President a report. 

The President shall submit the report to Congress at the 

same time as the President submits a budget request to 

Congress under section 1105(a) of title 31, United States 

Code. 

ø(B) CONTENTS OF REPORT.—The report prepared by the 

Director under this paragraph shall describe any donations 

of educationally useful Federal equipment to schools made 

during the period covered by the report.¿ 

HIGH-PERFORMANCE COMPUTING ACT OF 1991 

[15 U.S.C. 5501 et seq.] 

SEC. 2. FINDINGS. 

[15 U.S.C. 5501] 

The Congress finds the following: 

(1) Advances in computer science and technology are vital to 

the Nation’s prosperity, national and economic security, industrial production, engineering, and scientific advancement. 


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(2) The United States currently leads the world in the development and use of øhigh-performance computing¿ networking 

and information technology, including high-performance computing, for national security, industrial productivity, science, 

and engineering, but that lead is being challenged by foreign 

competitors. 

(3) Further research and development, expanded educational 

programs, improved computer research networks, and more effective technology transfer from government to industry are 

necessary for the United States to reap fully the benefits of 

øhigh-performance computing¿ networking and information 

technology, including high-performance computing. (4) A high-capacity, flexible, high-speed national research 

and education computer network is needed to provide researchers and educators with access to computational and information resources, act as a test bed for further research and development for high-capacity and high-speed computer networks, 

and provide researchers the necessary vehicle for continued 

network technology improvement through research. 

(5) Several Federal agencies have ongoing øhigh-performance 

computing¿ networking and information technology, including 

high-performance computing, programs, but improved longterm interagency coordination, cooperation, and planning 

would enhance the effectiveness of these programs. 

(6) A 1991 report entitled ‘‘Grand Challenges: High-Performance Computing and Communications’’ by the Office of Science 

and Technology Policy, outlining a research and development 

strategy for high-performance computing, provides a framework for a multiagency high-performance computing program. 

Such a program would provide American researchers and educators with the computer and information resources they need, 

and demonstrate how advanced computers, high-capacity and 

high-speed networks, and electronic data bases can improve 

the national information infrastructure for use by all Americans. 

(7) Additional research must be undertaken to lay the foundation for the development of new applications that can result 

in economic growth, improved health care, and improved educational opportunities. 

(8) Research in new networking technologies holds the promise of easing the economic burdens of information access disproportionately borne by rural users of the Internet. 

(9) Information security is an important part of computing, 

information, and communications systems and applications, 

and research into security architectures is a critical aspect of 

computing, information, and communications research programs. 

SEC. 3. PURPOSES. 

[15 U.S.C. 5502] 

The purposes of this Act are to help ensure the continued leadership of the United States in øhigh-performance computing¿ networking and information technology and its applications by— 

(1) expanding Federal support for research, development, 

and application of øhigh-performance computing¿ networking 

and information technology in order to— 


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(A) expand the number of researchers, educators, and 

students with training in øhigh-performance computing¿ 

networking and information technology and access to 

øhigh-performance computing¿ networking and information technology resources; 

(B) promote the further development of an information 

infrastructure of data bases, services, access mechanisms, 

and research facilities available for use through the Internet; 

(C) stimulate research on software technology; 

(D) promote the more rapid development and wider distribution of computing software tools and applications software; 

(E) accelerate the development of computing systems 

and subsystems; 

(F) provide for the application of øhigh-performance computing¿ networking and information technology to Grand 

Challenges; 

(G) invest in basic research and education, and promote 

the inclusion of øhigh-performance computing¿ netw 

orking and information technology into educational institutions at all levels; and 

(H) promote greater collaboration among government, 

Federal laboratories, industry, high-performance computing centers, and universities; 

(2) improving the interagency planning and coordination of 

Federal research and development on øhigh-performance computing and¿ networking and information technology and maximizing the effectiveness of the Federal Government’s øhighperformance computing network¿ networking and information 

technology research and development programs; 

(3) promoting the more rapid development and wider distribution of networking management and development tools; 

and 

(4) promoting the rapid adoption of open network standards. 

SEC. 4. DEFINITIONS. 

[15 U.S.C. 5503] 

As used in this Act, the term— 

(1) ‘‘Director’’ means the Director of the Office of Science and 

Technology Policy; 

(2) ‘‘Grand Challenge’’ means a fundamental problem in 

science or engineering, with broad economic and scientific impact, whose solution will require the application of øhigh-performance computing¿ networking and information technology 

resources and multidisciplinary teams of researchers; 

ø(4)¿(3) ‘‘Internet’’ means the international computer network of both Federal and non-Federal interoperable data networks; 

ø(3)¿(4) ‘‘øhigh-performance computing¿ networking and information technology’’ means advanced computing, communications, and information technologies, including supercomputer 

systems, high-capacity and high-speed networks, special purpose and experimental systems, applications and systems software, and the management of large data sets; 


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ø(5) ‘‘Network’’ means a computer network referred to as the 

National Research and Education Network established under 

section 102;¿ 

ø(6)¿(5) ‘‘Program’’ means the øNational High-Performance 

Computing¿ Networking and Information Technology Research 

and Development Program described in section 101; and 

ø(7)¿(6) ‘‘Program Component Areas’’ means the major subject areas under which related individual projects and activities carried out under the Program are grouped. 

SEC. 101. øNATIONAL HIGH-PERFORMANCE COMPUTING¿ NETWORKING AND INFORMATION TECHNOLOGY RESEARCH 

AND DEVELOPMENT PROGRAM. 

[15 U.S.C. 5511] 

(a) øNATIONAL HIGH-PERFORMANCE COMPUTING¿ NETWORKING

AND INFORMATION TECHNOLOGY RESEARCH AND DEVELOPMENT PROGRAM.— 

(1) IN GENERAL.—The President shall implement a øNational 

High-Performance Computing¿ Networking and Information 

Technology and Development Program, which shall— 

(A) provide for long-term basic and applied research on 

øhigh-performance computing, including networking¿ networking and information technology; 

(B) provide for research and development on, and demonstration of, technologies to advance the capacity and capabilities of øhigh-performance computing¿ high-end computing, including high-performance computing, and networking systems, and related software; 

(C) provide for sustained access by the research community throughout the United States to øhigh-performance 

computing¿ high-end computing, including high-performance computing, and networking systems that are among 

the most advanced in the world in terms of performance 

in solving scientific and engineering problems, including 

provision for technical support for users of such systems; 

(D) provide for widely dispersed efforts to increase software availability, productivity, capability, security, portability, and reliability; 

(E) provide for high-performance networks, including experimental testbed networks, to enable research and development on, and demonstration of, advanced applications 

enabled by such networks; 

(F) provide for computational science and engineering research on mathematical modeling and algorithms for applications in all fields of science and engineering; 

(G) provide for the technical support of, and research 

and development on, øhigh-performance computing¿ networking and information technology, including high-performance computing, systems and software required to address Grand Challenges; 

(H) provide for educating and training additional undergraduate and graduate students in software engineering, 

computer science, computer and network security, applied 

mathematics, library and information science, and computational science; øand¿ 


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(I) provide for improving the security of computing and 

networking systems, including Federal systems, including 

providing for research required to establish security standards and practices for these systemsø.¿; 

(J) provide for research on the interplay of computing 

and people, including social computing and human-robot 

interaction; 

(K) provide for research on cyber-physical systems and 

improving the methods available for the design, development, and operation of those systems that are characterized 

by high reliability, safety, and security; 

(L) provide for the understanding of the science, engineering, policy, and privacy protection related to networking 

and information technology; 

(M) provide for the understanding of the human facets of 

cyber threats and secure cyber systems; 

(N) provide for the transition of high-performance computing in hardware, system software, development tools, 

and applications into development and operations; and 

(O) foster public-private collaboration with government, 

industry research laboratories, academia, and nonprofit organizations to maximize research and development efforts 

and the benefits of networking and information technology, 

including high-performance computing. 

(2) REQUIREMENTS.—The Director shall— 

(A) establish the goals and priorities for Federal øhighperformance computing research, development, networking¿ networking and information technology research 

and development, and other activities; 

(B) establish Program Component Areas that implement 

the goals established under subparagraph (A), and identify 

the Grand Challenges that the Program should address; 

ø(C) provide for interagency coordination of Federal 

high-performance computing research, development, networking, and other activities undertaken pursuant to the 

Program;¿ 

(C) provide for the coordination of Federal networking 

and information technology research, development, networking, and other activities— 

(i) among the applicable agencies and departments 

under the Program; and 

(ii) to the extent practicable, with other Federal agencies not identified in subsection (a)(3)(B), other Federal 

and private research laboratories, industry, research 

entities, universities, institutions of higher education, 

relevant nonprofit organizations, and international 

partners of the United States; 

(D) submit to the Congress an annual report, along with 

the President’s annual budget request, describing the implementation of the Program; 

(E) develop and maintain a research, development, and 

deployment roadmap covering all States and regions for 

the provision of øhigh-performance computing and networking systems¿ high-end computing and networking systems under paragraph (1)(C); and 


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(F) consult with academic, State, industry, and other appropriate groups conducting research on and using øhighperformance computing¿ high-end, including high-performance, computing. (3) CONTENTS OF ANNUAL REPORTS.—The annual report submitted under paragraph (2)(D) shall— 

(A) provide a detailed description of the Program Component Areas, including a description of any changes in the 

definition of or activities under the Program Component 

Areas from the preceding report, and the reasons for such 

changes, and a description of Grand Challenges addressed 

under the Program; 

(B) set forth the relevant programs and activities, for the 

fiscal year with respect to which the budget submission applies, of each Federal agency and department, including— 

ø(i) the Department of Agriculture; 

ø(ii) the Department of Commerce; 

ø(iii) the Department of Defense; 

ø(iv) the Department of Education; 

ø(v) the Department of Energy; 

ø(vi) the Department of Health and Human Services; 

ø(vii) the Department of the Interior; 

ø(viii) the Environmental Protection Agency; 

ø(ix) the National Aeronautics and Space Administration; 

ø(x) the National Science Foundation; and 

ø(xi) such other agencies and departments as the 

President or the Director considers appropriate;¿ 

(i) the Department of Commerce; 

(ii) the Department of Defense; 

(iii) the Department of Education; 

(iv) the Department of Energy; 

(v) the Department of Health and Human Services; 

(vi) the Department of Homeland Security; 

(vii) the Department of Justice; 

(viii) the Environmental Protection Agency; 

(ix) the National Aeronautics and Space Administration; 

(x) the National Archives and Records Administration; 

(xi) the National Science Foundation; and 

(xii) such other agencies and departments as the 

President or the Director considers appropriate; 

(C) describe the levels of Federal funding for the fiscal 

year during which such report øis submitted,¿ is submitted, the levels for the previous fiscal year, and the levels 

proposed for the fiscal year with respect to which the 

budget submission applies, for each Program Component 

Area; 

(D) describe the levels of Federal funding for each agency and department participating in the Program, and for 

each Program Component Area, for the fiscal year during 

which such report øis submitted,¿ is submitted, the levels 

for the previous fiscal year, and the levels proposed for the 


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fiscal year with respect to which the budget submission applies; øand¿ 

(E) include a description of how the objectives for each 

Program Component Area, and the objectives for activities 

that involve multiple Program Component Areas, relate to 

the objectives of the Program identified in the strategic plan 

under subsection (e); 

ø(E)¿(F) include an analysis of the progress made toward achieving the goals and priorities established for the 

Program and the extent to which the Program incorporates 

the recommendations of the advisory committee established under subsection (b). 

(b) ADVISORY COMMITTEE.— 

(1) ADVISORY COMMITTEE.—The President shall establish an 

advisory committee on øhigh-performance computing¿ networking and information technology, consisting of geographically dispersed non-Federal members, including representatives of the research, education, and library communities, network and related software providers, and industry representatives in the Program Component Areas, who are specially 

qualified to provide the Director with advice and information 

on øhigh-performance computing¿ networking and information 

technology. The recommendations of the advisory committee 

shall be considered in reviewing and revising the Program. The 

advisory committee shall provide the Director with an independent assessment of— 

(A) progress made in implementing the Program; 

(B) the need to revise the Program; 

(C) the balance between the components of the Program, 

including funding levels for the Program Component 

Areas; 

(D) whether the research and development undertaken 

pursuant to the Program is helping to maintain United 

States leadership in high-performance computing, networking technology, and related software; and 

(E) other issues identified by the Director. 

(2) ADDITIONAL DUTIES.—In addition to the duties outlined in 

paragraph (1), the advisory committee shall conduct periodic 

evaluations of the funding, management, coordination, implementation, and activities of the Program. The advisory committee shall report not less frequently than once every 2 fiscal 

years to the øCommittee on Science and Technology¿ Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and 

Transportation of the Senate on its findings and recommendations. The first report shall be due within 1 year after the date 

of enactment of the America COMPETES Act. 

(3) FACA.—Section 14 of the Federal Advisory Committee 

Act shall not apply to the advisory committee established 

under this subsection. 

(c) OFFICE OF MANAGEMENT AND BUDGET.— (1) REPORTS.—Each Federal agency and department participating in the Program shall, as part of its annual request for 

appropriations to the Office of Management and Budget, submit a report to the Office of Management and Budget which— 


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(A) identifies each element of its øhigh-performance computing¿ networking and information technology activities 

which contributes directly to the Program Component 

Areas or benefits from the Program; and 

(B) states the portion of its request for appropriations 

that is allocated to each such element. 

(2) OMB REVIEW.—The Office of Management and Budget 

shall review each such report in light of the goals, priorities, 

and agency and departmental responsibilities set forth in the 

annual report submitted under subsection (a)(2)(D), and shall 

include, in the President’s annual budget estimate, a statement 

of the portion of each appropriate agency’s or department’s annual budget estimate relating to its activities undertaken pursuant to the Program. 

(d) PERIODIC REVIEWS.—The heads of the applicable agencies and 

departments working through the National Science and Technology 

Council and the Networking and Information Technology Research 

and Development Program shall— 

(1) not later than 1 year after the date the advisory committee 

submits a report under subsection (b)(2), assess the structure of 

the Program, including the Program Component Areas and associated contents and funding levels, taking into consideration 

any relevant recommendations of the advisory committee; and 

(2) ensure that the Program includes foundational and interdisciplinary information technology research and development 

activities. 

(e) STRATEGIC PLANS.— 

(1) IN GENERAL.—The heads of the applicable agencies and 

departments, working through the National Science and Technology Council and the Networking and Information Technology Research and Development Program shall develop and 

implement strategic plans to guide emerging activities in specific Program Component Areas, as the advisory committee determines relevant under subsection (b), of Federal networking 

and information technology research and development, and to 

guide the activities described in subsection (a)(1). 

(2) UPDATES.—The heads of the applicable agencies and departments shall update the strategic plans as appropriate. 

(3) CONTENTS.—Each strategic plan shall— 

(A) specify near-term and long-term objectives for the 

Program, the anticipated schedule for achieving the nearterm and long-term objectives, and the metrics to be used 

for assessing progress toward the near-term and long-term 

objectives; 

(B) specify how the near-term and long-term objectives 

complement research and development areas in which academia and the private sector is actively engaged; 

(C) describe how the heads of the applicable agencies and 

departments will support mechanisms for foundational and 

interdisciplinary research and development in networking 

and information technology, including through collaborations— 

(i) across Federal agencies and departments; 

(ii) across Program Component Areas; and 


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(iii) with industry, Federal and private research laboratories, research entities, universities, institutions of 

higher education, relevant nonprofit organizations, and 

international partners of the United States; 

(D) describe how the heads of the applicable agencies and 

departments will foster the rapid transfer of research and 

development results into new technologies and applications; 

(E) describe how the Program will address long-term 

challenges for which solutions require large-scale, longterm, foundational and interdisciplinary research and development; and 

(F) place emphasis on innovative and high-risk projects 

having the potential for substantial societal returns on the 

research investment. 

(4) PRIVATE SECTOR EFFORTS.—In developing, implementing, 

and updating strategic plans, the heads of the applicable agencies and departments, working through the National Science 

and Technology Council and Networking and Information 

Technology Research and Development Program, shall coordinate with industry, academia, and other interested stakeholders 

to ensure, to the extent practicable, that the Federal networking 

and information technology research and development activities 

carried out under this section do not duplicate the efforts of the 

private sector. 

(5) RECOMMENDATIONS.—In developing and updating strategic plans, the heads of the applicable agencies and departments shall solicit recommendations and advice from— 

(A) the advisory committee under subsection (b); and 

(B) a wide range of stakeholders, including industry, academia, including representatives of minority serving institutions and community colleges, National Laboratories, 

and other relevant organizations and institutions. 

(f) REPORTS.—The heads of the applicable agencies and departments, working through the National Science and Technology Council and the Networking and Information Technology Research and 

Development Program, shall submit to the advisory committee, the 

Committee on Commerce, Science, and Transportation of the Senate, 

and the Committee on Science, Space, and Technology of the House 

of Representatives— 

(1) the strategic plans developed under subsection (e)(1); and 

(2) each update under subsection (e)(2). 

(g) DEFINITION OF APPLICABLE AGENCIES AND DEPARTMENTS.—In 

this section, the term ‘‘applicable agencies and departments’’ means 

the Federal agencies and departments identified in subsection 

(a)(3)(B) or designated under clause (xii) of that subsection. 

øSEC. 102. NATIONAL RESEARCH AND EDUCATION NETWORK. 

[15 U.S.C. 5512] 

ø(a) ESTABLISHMENT.—As part of the Program, the National 

Science Foundation, the Department of Defense, the Department of 

Energy, the Department of Commerce, the National Aeronautics 

and Space Administration, and other agencies participating in the 

Program shall support the establishment of the National Research 

and Education Network, portions of which shall, to the extent technically feasible, be capable of transmitting data at one gigabit per 

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age of research institutions and educational institutions, government, and industry in every State. 

ø(b) ACCESS.—Federal agencies and departments shall work with 

private network service providers, State and local agencies, libraries, educational institutions and organizations, and others, as appropriate, in order to ensure that the researchers, educators, and 

students have access, as appropriate, to the Network. The Network 

is to provide users with appropriate access to high-performance 

computing systems, electronic information resources, other research facilities, and libraries. The Network shall provide access, to 

the extent practicable, to electronic information resources maintained by libraries, research facilities, publishers, and affiliated organizations. 

ø(c) NETWORK CHARACTERISTICS.—The Network shall— 

ø(1) be developed and deployed with the computer, telecommunications, and information industries; 

ø(2) be designed, developed, and operated in collaboration 

with potential users in government, industry, and research institutions and educational institutions; 

ø(3) be designed, developed, and operated in a manner which 

fosters and maintains competition and private sector investment in high-speed data networking within the telecommunications industry; 

ø(4) be designed, developed, and operated in a manner which 

promotes research and development leading to development of 

commercial data communications and telecommunications 

standards, whose development will encourage the establishment of privately operated high-speed commercial networks; 

ø(5) be designed and operated so as to ensure the continued 

application of laws that provide network and information resources security measures, including those that protect copyright and other intellectual property rights, and those that control access to data bases and protect national security; 

ø(6) have accounting mechanisms which allow users or 

groups of users to be charged for their usage of copyrighted 

materials available over the Network and, where appropriate 

and technically feasible, for their usage of the Network; 

ø(7) ensure the interoperability of Federal and non-Federal 

computer networks, to the extent appropriate, in a way that allows autonomy for each component network; 

ø(8) be developed by purchasing standard commercial transmission and network services from vendors whenever feasible, 

and by contracting for customized services when not feasible, 

in order to minimize Federal investment in network hardware; 

ø(9) support research and development of networking software and hardware; and 

ø(10) serve as a test bed for further research and development of high-capacity and high-speed computing networks and 

demonstrate how advanced computers, high-capacity and highspeed computing networks, and data bases can improve the national information infrastructure. 

ø(d) DEFENSE ADVANCED RESEARCH PROJECTS AGENCY RESPONSIBILITY.—As part of the Program, the Department of Defense, 

through the Defense Advanced Research Projects Agency, shall 


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support research and development of advanced fiber optics technology, switches, and protocols needed to develop the Network. 

ø(e) INFORMATION SERVICES.—The Director shall assist the President in coordinating the activities of appropriate agencies and departments to promote the development of information services that 

could be provided over the Network. These services may include 

the provision of directories of the users and services on computer 

networks, data bases of unclassified Federal scientific data, training of users of data bases and computer networks, access to commercial information services for users of the Network, and technology to support computer-based collaboration that allows researchers and educators around the Nation to share information 

and instrumentation. 

ø(f) USE OF GRANT FUNDS.—All Federal agencies and departments are authorized to allow recipients of Federal research grants 

to use grant moneys to pay for computer networking expenses. 

ø(g) REPORT TO CONGRESS.—Within one year after the date of enactment of this Act, the Director shall report to the Congress on— 

ø(1) effective mechanisms for providing operating funds for 

the maintenance and use of the Network, including user fees, 

industry support, and continued Federal investment; 

ø(2) the future operation and evolution of the Network; 

ø(3) how commercial information service providers could be 

charged for access to the Network, and how Network users 

could be charged for such commercial information services; 

ø(4) the technological feasibility of allowing commercial information service providers to use the Network and other Federally funded research networks; 

ø(5) how to protect the copyrights of material distributed 

over the Network; and 

ø(6) appropriate policies to ensure the security of resources 

available on the Network and to protect the privacy of users 

of networks.¿ 

øSEC. 103. NEXT GENERATION INTERNET. 

[15 U.S.C. 5513] 

ø(a) ESTABLISHMENT.—The National Science Foundation, the Department of Energy, the National Institutes of Health, the National 

Aeronautics and Space Administration, and the National Institute 

of Standards and Technology may support the Next Generation 

Internet program. The objectives of the Next Generation Internet 

program shall be to— 

ø(1) support research, development, and demonstration of 

advanced networking technologies to increase the capabilities 

and improve the performance of the Internet; 

ø(2) develop an advanced testbed network connecting a significant number of research sites, including universities, Federal research institutions, and other appropriate research partner institutions, to support networking research and to demonstrate new networking technologies; and 

ø(3) develop and demonstrate advanced Internet applications 

that meet important national goals or agency mission needs, 

and that are supported by the activities described in paragraphs (1) and (2). 

ø(b) DUTIES OF ADVISORY COMMITTEE.—The President’s Information Technology Advisory Committee (established pursuant to secVerDate Sep 11 2014 07:42 Dec 04, 2016 Jkt 069010 PO 00000 Frm 00072 Fmt 6659 Sfmt 6602 E:\HR\OC\SR389.XXX SR389

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tion 101(b) by Executive Order No. 13035 of February 11, 1997 (62 

F.R. 7131), as amended by Executive Order No. 13092 of July 24, 

1998), in addition to its functions under section 101(b), shall— 

ø(1) assess the extent to which the Next Generation Internet 

program— 

ø(A) carries out the purposes of this Act; and 

ø(B) addresses concerns relating to, among other matters— 

ø(i) geographic penalties (as defined in section 7(1) 

of the Next Generation Internet Research Act of 1998); 

ø(ii) the adequacy of access to the Internet by Historically Black Colleges and Universities, Hispanic 

Serving Institutions, and small colleges and universities (whose enrollment is less than 5,000) and the 

degree of participation of those institutions in activities described in subsection (a); and 

ø(iii) technology transfer to and from the private 

sector; 

ø(2) review the extent to which the role of each Federal 

agency and department involved in implementing the Next 

Generation Internet program is clear and complementary to, 

and non-duplicative of, the roles of other participating agencies 

and departments; 

ø(3) assess the extent to which Federal support of fundamental research in computing is sufficient to maintain the Nation’s critical leadership in this field; and 

ø(4) make recommendations relating to its findings under 

paragraphs (1), (2), and (3). 

ø(c) REPORTS.—The Advisory Committee shall review implementation of the Next Generation Internet program and shall report, 

not less frequently than annually, to the President, the Committee 

on Commerce, Science, and Transportation, the Committee on Appropriations, and the Committee on Armed Services of the Senate, 

and the Committee on Science, the Committee on Appropriations, 

and the Committee on Armed Services of the House of Representatives on its findings and recommendations for the preceding fiscal 

year. The first such report shall be submitted 6 months after the 

date of the enactment of the Next Generation Internet Research 

Act of 1998 and the last report shall be submitted by September 

30, 2000. 

ø(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated for the purposes of this section— 

ø(1) for the Department of Energy, $22,000,000 for fiscal 

year 1999 and $25,000,000 for fiscal year 2000; 

ø(2) for the National Science Foundation, $25,000,000 for fiscal year 1999 and $25,000,000 for fiscal year 2000, as authorized in the National Science Foundation Authorization Act of 

1998; 

ø(3) for the National Institutes of Health, $5,000,000 for fiscal year 1999 and $7,500,000 for fiscal year 2000; 

ø(4) for the National Aeronautics and Space Administration, 

$10,000,000 for fiscal year 1999 and $10,000,000 for fiscal year 

2000; and 


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ø(5) for the National Institute of Standards and Technology, 

$5,000,000 for fiscal year 1999 and $7,500,000 for fiscal year 

2000. 

øSuch funds may not be used for routine upgrades to existing Federally funded communication networks.¿ 

SEC. 201. NATIONAL SCIENCE FOUNDATION ACTIVITIES. 

[15 U.S.C. 5521] 

(a) GENERAL RESPONSIBILITIES.—As part of the Program described in title I— 

(1) the National Science Foundation shall provide computing 

and networking infrastructure support for all science and engineering disciplines, and support basic research and human resource development in all aspects of øhigh-performance computing and advanced high-speed computer networking¿ networking and information technology; 

(2) to the extent that colleges, universities, and libraries cannot connect to the Network with the assistance of the private 

sector, the National Science Foundation shall have primary responsibility for assisting colleges, universities, and libraries to 

connect to the Network; 

(3) the National Science Foundation shall serve as the primary source of information on access to and use of the Network; and 

(4) the National Science Foundation shall upgrade the National Science Foundation funded network, assist regional networks to upgrade their capabilities, and provide other Federal 

departments and agencies the opportunity to connect to the 

National Science Foundation funded network. 

(b) AUTHORIZATION OF APPROPRIATIONS.—From sums otherwise 

authorized to be appropriated, there are authorized to be appropriated to the National Science Foundation for the purposes of the 

Program $213,000,000 for fiscal year 1992; $262,000,000 for fiscal 

year 1993; $305,000,000 for fiscal year 1994; $354,000,000 for fiscal 

year 1995; and $413,000,000 for fiscal year 1996. 

SEC. 202. NATIONAL AERONAUTICS AND SPACE ADMINISTRATION ACTIVITIES. 

[15 U.S.C. 5522] 

(a) GENERAL RESPONSIBILITIES.—As part of the Program described in title I, the National Aeronautics and Space Administration shall conduct basic and applied research in øhigh-performance 

computing¿ networking and information technology, particularly in 

the field of computational science, with emphasis on aerospace 

sciences, earth and space sciences, and remote exploration and experimentation. 

(b) AUTHORIZATION OF APPROPRIATIONS.—From sums otherwise 

authorized to be appropriated, there are authorized to be appropriated to the National Aeronautics and Space Administration for 

the purposes of the Program $72,000,000 for fiscal year 1992; 

$107,000,000 for fiscal year 1993; $134,000,000 for fiscal year 1994; 

$151,000,000 for fiscal year 1995; and $145,000,000 for fiscal year 

1996. 


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SEC. 203. DEPARTMENT OF ENERGY ACTIVITIES. 

[15 U.S.C. 5523] 

(a) GENERAL RESPONSIBILITIES.—As part of the Program described in title I, the Secretary of Energy shall— 

(1) conduct and support basic and applied research in øhighperformance computing and networking¿ networking and information technology to support fundamental research in science 

and engineering disciplines related to energy applications; and 

(2) provide computing and networking infrastructure support, including— 

(A) the provision of øhigh-performance computing systems¿ high end, including high performance, computing 

systems that are among the most advanced in the world in 

terms of performance in solving scientific and engineering 

problems; and 

(B) support for advanced software and applications development for science and engineering disciplines related 

to energy applications. 

(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to 

be appropriated to the Secretary of Energy such sums as are necessary to carry out this section. 

SEC. 204. DEPARTMENT OF COMMERCE ACTIVITIES. 

[15 U.S.C. 5524] 

(a) GENERAL RESPONSIBILITIES.—As part of the Program described in title I— 

(1) the National Institute of Standards and Technology 

shall— 

(A) conduct basic and applied measurement research 

needed to support various øhigh-performance computing 

systems and networks¿ networking and information technology systems; 

(B) develop and propose standards and guidelines, and 

develop measurement techniques and test methods, for the 

interoperability of øhigh-performance computing systems 

in networks¿ networking and information technology systems and for common user interfaces to systems; and 

(C) be responsible for developing benchmark tests and 

standards for øhigh-performance computing systems¿ networking and information technology and software; and 

(2) the National Oceanic and Atmospheric Administration 

shall conduct basic and applied research in weather prediction 

and ocean sciences, particularly in development of new forecast 

models, in computational fluid dynamics, and in the incorporation of evolving computer architectures and networks into the 

systems that carry out agency missions. 

(b) øHIGH-PERFORMANCE COMPUTING AND NETWORK¿ NETWORK

AND INFORMATION TECHNOLOGY SECURITY.—Pursuant to the Computer Security Act of 1987 (Public Law 100–235; 101 Stat. 1724), 

the National Institute of Standards and Technology shall be responsible for developing and proposing standards and guidelines 

needed to assure the cost-effective security and privacy of øsensitive information in Federal computer systems¿ agency information and information systems. 

(c) STUDY OF IMPACT OF FEDERAL PROCUREMENT REGULATIONS.— 

(1) The Secretary of Commerce shall conduct a study to— 


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(A) evaluate the impact of Federal procurement regulations that require that contractors providing software to 

the Federal Government share the rights to proprietary 

software development tools that the contractors use to develop the software; and 

(B) determine whether such regulations discourage development of improved software development tools and 

techniques. 

(2) The Secretary of Commerce shall, within one year after 

the date of enactment of this Act, report to the Congress regarding the results of the study conducted under paragraph 

(1). 

(d) AUTHORIZATION OF APPROPRIATIONS.—From sums otherwise 

authorized to be appropriated, there are authorized to be appropriated— 

(1) to the National Institute of Standards and Technology for 

the purposes of the Program $3,000,000 for fiscal year 1992; 

$4,000,000 for fiscal year 1993; $5,000,000 for fiscal year 1994; 

$6,000,000 for fiscal year 1995; and $7,000,000 for fiscal year 

1996; and 

(2) to the National Oceanic and Atmospheric Administration 

for the purposes of the Program $2,500,000 for fiscal year 

1992; $3,000,000 for fiscal year 1993; $3,500,000 for fiscal year 

1994; $4,000,000 for fiscal year 1995; and $4,500,000 for fiscal 

year 1996. 

SEC. 207. MISCELLANEOUS PROVISIONS. 

[15 U.S.C. 5527] 

(a) NONAPPLICABILITY.—Except to the extent the appropriate 

Federal agency or department head determines, the provisions of 

this Act shall not apply to— 

(1) programs or activities regarding computer systems that 

process classified information; or 

(2) computer systems the function, operation, or use of which 

are those delineated in paragraphs (1) through (5) of øsection 

2315(a) of title 10¿ section 3552(b)(6)(A) of title 44, United 

States Code. 

(b) ACQUISITION OF PROTOTYPE AND EARLY PRODUCTION MODELS.—In accordance with Federal contracting law, Federal agencies 

and departments participating in the Program may acquire prototype or early production models of new øhigh-performance computing systems¿ networking and information technology and subsystems to stimulate hardware and software development. Items of 

computing equipment acquired under this subsection shall be considered research computers for purposes of applicable acquisition 

regulations. 

øSEC. 208. FOSTERING UNITED STATES COMPETITIVENESS IN HIGHPERFORMANCE COMPUTING AND RELATED ACTIVITIES. 

[15 U.S.C. 5528] 

ø(a) FINDINGS.—The Congress finds the following: 

ø(1) High-performance computing and associated technologies are critical to the United States economy. 

ø(2) While the United States has led the development of 

high-performance computing, United States industry is facing 

increasing global competition. 


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ø(3) Despite existing international agreements on fair competition and nondiscrimination in government procurements, 

there is increasing concern that such agreements are not being 

honored, that more aggressive enforcement of such agreements 

is needed, and that additional steps may be required to ensure 

fair global competition, particularly in high-technology fields 

such as high-performance computing and associated technologies. 

ø(4) It is appropriate for Federal agencies and departments 

to use the funds authorized for the Program in a manner 

which most effectively fosters the maintenance and development of United States leadership in high-performance computers and associated technologies in and for the benefit of the 

United States. 

ø(5) It is appropriate for Federal agencies and departments 

to use the funds authorized for the Program in a manner, consistent with the Trade Agreements Act of 1979 (19 U.S.C. 2501 

et seq.), which most effectively fosters reciprocal competitive 

procurement treatment by foreign governments for United 

States high-performance computing and associated technology 

products and suppliers. 

ø(b) ANNUAL REPORT.— ø(1) REPORT.—The Director shall submit an annual report to 

Congress that identifies— 

ø(A) any grant, contract, cooperative agreement, or cooperative research and development agreement (as defined 

under section 12(d)(1) of the Stevenson-Wydler Technology 

Innovation Act of 1980 (15 U.S.C. 3710a(d)(1)) made or entered into by any Federal agency or department for research and development under the Program with— 

ø(i) any company other than a company that is either incorporated or located in the United States, and 

that has majority ownership by individuals who are 

citizens of the United States; or 

ø(ii) any educational institution or nonprofit institution located outside the United States; and 

ø(B) any procurement exceeding $1,000,000 by any Federal agency or department under the Program for— 

ø(i) unmanufactured articles, materials, or supplies 

mined or produced outside the United States; or 

ø(ii) manufactured articles, materials, or supplies 

other than those manufactured in the United States 

substantially all from articles, materials, or supplies 

mined, produced, or manufactured in the United 

States, 

øunder the meaning of title III of the Act of March 3, 1933 

(41 U.S.C. 10a-10d; popularly known as the Buy American Act) 

as amended by the Buy American Act of 1988. 

ø(2) CONSOLIDATION OF REPORTS.—The report required by 

this subsection may be included with the report required by 

section 101(a)(3)(A). 

ø(c) APPLICATION OF BUY AMERICAN ACT.—This Act does not affect the applicability of title III of the Act of March 3, 1933 (41 

U.S.C. 10a-10d; popularly known as the Buy American Act), as 

amended by the Buy American Act of 1988, to procurements by 


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Federal agencies and departments undertaken as a part of the Program.¿ 

CYBER SECURITY RESEARCH AND DEVELOPMENT ACT 

[15 U.S.C. 7401 et seq.] 

SEC. 4. NATIONAL SCIENCE FOUNDATION RESEARCH. 

[15 U.S.C. 7403] 

(a) COMPUTER AND NETWORK SECURITY RESEARCH GRANTS.— 

(1) IN GENERAL.—The Director shall award grants for basic 

research on innovative approaches to the structure of computer 

and network hardware and software that are aimed at enhancing computer security. Research areas may include— 

(A) authentication, cryptography, and other secure data 

communications technology; 

(B) computer forensics and intrusion detection; 

(C) reliability of computer and network applications, 

middleware, operating systems, control systems, and communications infrastructure; 

(D) privacy and confidentiality; 

(E) network security architecture, including tools for security administration and analysis; 

(F) emerging threats; 

(G) vulnerability assessments and techniques for quantifying risk; 

(H) remote access and wireless security; 

(I) enhancement of law enforcement ability to detect, investigate, and prosecute cyber-crimes, including those that 

involve piracy of intellectual property; 

(J) secure fundamental protocols that are integral to 

inter-network communications and data exchange; 

(K) secure software engineering and software assurance, 

including— 

(i) programming languages and systems that include 

fundamental security features; 

(ii) portable or reusable code that remains secure 

when deployed in various environments; 

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

implemented; and 

(iv) models for comparison and metrics to assure 

that required standards have been met; 

(L) holistic system security that— 

(i) addresses the building of secure systems from 

trusted and untrusted components; 

(ii) proactively reduces vulnerabilities; 

(iii) addresses insider threats; and 

(iv) supports privacy in conjunction with improved 

security; 

(M) monitoring and detection; 

(N) mitigation and rapid recovery methods; 

(O) security of wireless networks and mobile devices; 

øand¿ 

(P) security of cloud infrastructure and servicesø.¿; 


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(Q) security of election-dedicated voting system software 

and hardware; and 

(R) role of the human factor in cybersecurity and the 

interplay of computers and humans and the physical 

world. 

(2) MERIT REVIEW; COMPETITION.—Grants shall be awarded 

under this section on a merit-reviewed competitive basis. 

(3) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to the National Science Foundation to 

carry out this subsection— 

(A) $35,000,000 for fiscal year 2003; 

(B) $40,000,000 for fiscal year 2004; 

(C) $46,000,000 for fiscal year 2005; 

(D) $52,000,000 for fiscal year 2006; and 

(E) $60,000,000 for fiscal year 2007. 

(b) COMPUTER AND NETWORK SECURITY RESEARCH CENTERS.— 

(1) IN GENERAL.—The Director shall award multiyear grants, 

subject to the availability of appropriations, to institutions of 

higher education, nonprofit research institutions, or consortia 

thereof to establish multidisciplinary Centers for Computer 

and Network Security Research. Institutions of higher education, nonprofit research institutions, or consortia thereof receiving such grants may partner with 1 or more government 

laboratories or for-profit institutions, or other institutions of 

higher education or nonprofit research institutions. 

(2) MERIT REVIEW; COMPETITION.—Grants shall be awarded 

under this subsection on a merit-reviewed competitive basis. 

(3) PURPOSE.—The purpose of the Centers shall be to generate innovative approaches to computer and network security 

by conducting cutting-edge, multidisciplinary research in computer and network security, including improving the security 

and resiliency of information technology, reducing cyber 

vulnerabilities, and anticipating and mitigating consequences 

of cyber attacks on critical infrastructure, by conducting research in the areas described in subsection (a)(1). 

(4) APPLICATIONS.—An institution of higher education, nonprofit research institution, or consortia thereof seeking funding 

under this subsection shall submit an application to the Director at such time, in such manner, and containing such information as the Director may require. The application shall include, 

at a minimum, a description of— 

(A) the research projects that will be undertaken by the 

Center and the contributions of each of the participating 

entities; 

(B) how the Center will promote active collaboration 

among scientists and engineers from different disciplines, 

such as computer scientists, engineers, mathematicians, 

and social science researchers; 

(C) how the Center will contribute to increasing the 

number and quality of computer and network security researchers and other professionals, including individuals 

from groups historically underrepresented in these fields; 

and 


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(D) how the Center will disseminate research results 

quickly and widely to improve cyber security in information technology networks, products, and services. 

(5) Criteria. In evaluating the applications submitted under 

paragraph (4), the Director shall consider, at a minimum— 

(A) the ability of the applicant to generate innovative approaches to computer and network security and effectively 

carry out the research program; 

(B) the experience of the applicant in conducting research on computer and network security and the capacity 

of the applicant to foster new multidisciplinary collaborations; 

(C) the capacity of the applicant to attract and provide 

adequate support for a diverse group of undergraduate and 

graduate students and postdoctoral fellows to pursue computer and network security research; 

(D) the extent to which the applicant will partner with 

government laboratories, for-profit entities, other institutions of higher education, or nonprofit research institutions, and the role the partners will play in the research 

undertaken by the Center; 

(E) the demonstrated capability of the applicant to conduct high performance computation integral to complex 

computer and network security research, through on-site 

or off-site computing; 

(F) the applicant’s affiliation with private sector entities 

involved with industrial research described in subsection 

(a)(1); 

(G) the capability of the applicant to conduct research in 

a secure environment; 

(H) the applicant’s affiliation with existing research programs of the Federal Government; 

(I) the applicant’s experience managing public-private 

partnerships to transition new technologies into a commercial setting or the government user community; 

(J) the capability of the applicant to conduct interdisciplinary cybersecurity research, basic and applied, such 

as in law, economics, or behavioral sciences; and 

(K) the capability of the applicant to conduct research in 

areas such as systems security, wireless security, networking and protocols, formal methods and øhigh-performance computing¿ networking and information technology, 

nanotechnology, or industrial control systems. 

(6) ANNUAL MEETING.—The Director shall convene an annual 

meeting of the Centers in order to foster collaboration and 

communication between Center participants. 

(7) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated for the National Science Foundation to 

carry out this subsection— 

(A) $12,000,000 for fiscal year 2003; 

(B) $24,000,000 for fiscal year 2004; 

(C) $36,000,000 for fiscal year 2005; 

(D) $36,000,000 for fiscal year 2006; and 

(E) $36,000,000 for fiscal year 2007. 


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CYBERSECURITY ENHANCEMENT ACT OF 2014 

[15 U.S.C. 7421 et seq.] 

SEC. 7431. FEDERAL CYBERSECURITY RESEARCH AND DEVELOPMENT. 

[15 U.S.C. 7431] 

(a) FUNDAMENTAL CYBERSECURITY RESEARCH.— (1) FEDERAL CYBERSECURITY RESEARCH AND DEVELOPMENT

STRATEGIC PLAN.—The heads of the applicable agencies and departments, working through the National Science and Technology Council and the Networking and Information Technology Research and Development Program, shall develop and 

update every 4 years a Federal cybersecurity research and development strategic plan (referred to in this subsection as the 

‘‘strategic plan’’) based on an assessment of cybersecurity risk 

to guide the overall direction of Federal cybersecurity and information assurance research and development for information 

technology and networking systems. The heads of the applicable agencies and departments shall build upon existing programs and plans to develop the strategic plan to meet objectives in cybersecurity, such as— 

(A) how to design and build complex software-intensive 

systems that are secure and reliable when first deployed; 

(B) how to test and verify that software and hardware, 

whether developed locally or obtained from a third party, 

is free of significant known security flaws; 

(C) how to test and verify that software and hardware 

obtained from a third party correctly implements stated 

functionality, and only that functionality; 

(D) how to guarantee the privacy of an individual, including that individual’s identity, information, and lawful 

transactions when stored in distributed systems or transmitted over networks; 

(E) how to build new protocols to enable the Internet to 

have robust security as one of the key capabilities of the 

Internet; 

(F) how to determine the origin of a message transmitted over the Internet; 

(G) how to support privacy in conjunction with improved 

security; 

(H) how to address the problem of insider threats; 

(I) how improved consumer education and digital literacy initiatives can address human factors that contribute 

to cybersecurity; 

(J) how to protect information processed, transmitted, or 

stored using cloud computing or transmitted through wireless services; and 

(K) any additional objectives the heads of the applicable 

agencies and departments, in coordination with the head 

of any relevant Federal agency and with input from stakeholders, including appropriate national laboratories, industry, and academia, determine appropriate. 

(2) REQUIREMENTS.— 

(A) CONTENTS OF PLAN.—The strategic plan shall— 

(i) specify and prioritize near-term, mid-term, and 

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sociated with the research identified in section 4(a)(1) 

of the Cyber Security Research and Development Act 

(15 U.S.C. 7403(a)(1)); 

(ii) specify how the near-term objectives described in 

clause (i) complement research and development areas 

in which the private sector is actively engaged; 

(iii) describe how the heads of the applicable agencies and departments will focus on innovative, transformational technologies with the potential to enhance 

the security, reliability, resilience, and trustworthiness 

of the digital infrastructure, and to protect consumer 

privacy; 

(iv) describe how the heads of the applicable agencies and departments will foster the rapid transfer of 

research and development results into new cybersecurity technologies and applications for the timely benefit of society and the national interest, including 

through the dissemination of best practices and other 

outreach activities; 

(v) describe how the heads of the applicable agencies 

and departments will establish and maintain a national research infrastructure for creating, testing, and 

evaluating the next generation of secure networking 

and information technology systems; and 

(vi) describe how the heads of the applicable agencies and departments will facilitate access by academic 

researchers to the infrastructure described in clause 

(v), as well as to relevant data, including event data. 

(B) PRIVATE SECTOR EFFORTS.—In developing, implementing, and updating the strategic plan, the heads of the 

applicable agencies and departments, working through the 

National Science and Technology Council and Networking 

and Information Technology Research and Development 

Program, shall work in close cooperation with industry, 

academia, and other interested stakeholders to ensure, to 

the extent possible, that Federal cybersecurity research 

and development is not duplicative of private sector efforts. 

(C) RECOMMENDATIONS.—In developing and updating the 

strategic plan the heads of the applicable agencies and departments shall solicit recommendations and advice 

from— 

(i) the advisory committee established under section 

101(b)(1) of the High-Performance Computing Act of 

1991 (15 U.S.C. 5511(b)(1)); and 

(ii) a wide range of stakeholders, including industry, 

academia, including representatives of minority serving institutions and community colleges, National Laboratories, and other relevant organizations and institutions. 

(D) IMPLEMENTATION ROADMAP.—The heads of the applicable agencies and departments, working through the National Science and Technology Council and Networking 

and Information Technology Research and Development 

Program, shall develop and annually update an implemenVerDate Sep 11 2014 07:42 Dec 04, 2016 Jkt 069010 PO 00000 Frm 00082 Fmt 6659 Sfmt 6602 E:\HR\OC\SR389.XXX SR389

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tation roadmap for the strategic plan. The implementation 

roadmap shall— 

(i) specify the role of each Federal agency in carrying out or sponsoring research and development to 

meet the research objectives of the strategic plan, including a description of how progress toward the research objectives will be evaluated; 

(ii) specify the funding allocated to each major research objective of the strategic plan and the source of 

funding by agency for the current fiscal year; 

(iii) estimate the funding required for each major research objective of the strategic plan for the following 

3 fiscal years; and 

(iv) track ongoing and completed Federal cybersecurity research and development projects. 

(3) REPORTS TO CONGRESS.—The heads of the applicable 

agencies and departments, working through the National 

Science and Technology Council and Networking and Information Technology Research and Development Program, shall 

submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and 

Technology of the House of Representatives— 

(A) the strategic plan not later than 1 year after the 

date of enactment of this Act; 

(B) each quadrennial update to the strategic plan; and 

(C) the implementation roadmap under subparagraph 

(D), and its annual updates, which shall be appended to 

the annual report required under section 101(a)(2)(D) of 

the High-Performance Computing Act of 1991 (15 U.S.C. 

5511(a)(2)(D)). 

(4) DEFINITION OF APPLICABLE AGENCIES AND DEPARTMENTS.—In this subsection, the term ‘‘applicable agencies and 

departments’’ means the agencies and departments identified 

in øclauses (i) through (x) of section 101(a)(3)(B) of the HighPerformance Computing Act of 1991 (15 U.S.C. 5511(a)(3)(B)) 

or designated under clause (xi) of that section¿ clauses (i) 

through (xi) of section 101(a)(3)(B) of the High-Performance 

Computing Act of 1991 (15 U.S.C. 5511(a)(3)(B)) or designated 

under clause (xii) of that section. 

* * * * * * * 

21ST CENTURY NANOTECHNOLOGY RESEARCH AND 

DEVELOPMENT ACT 

[15 U.S.C. 7501 et seq.] 

SEC. 2. NATIONAL NANOTECHNOLOGY PROGRAM. 

[15 U.S.C. 7501] 

* * * * * * * 

(c) PROGRAM MANAGEMENT.—The National Science and Technology Council shall oversee the planning, management, and coordination of the Program. The Council, itself or through an appropriate subgroup it designates or establishes, shall— 


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(1) establish goals and priorities for the Program, based on 

national needs for a set of broad applications of nanotechnology; 

(2) establish program component areas, with specific priorities and technical goals, that reflect the goals and priorities 

established for the Program; 

(3) oversee interagency coordination of the Program, including with the activities of the Defense Nanotechnology Research 

and Development Program established under section 246 of the 

Bob Stump National Defense Authorization Act for Fiscal Year 

2003 (Public Law 107–314) and the National Institutes of 

Health; 

ø(4) develop, within 12 months after the date of enactment 

of this Act, and update every 3 years thereafter, a strategic 

plan to guide the activities described under subsection (b), 

meet the goals, priorities, and anticipated outcomes of the participating agencies, and describe— 

ø(A) how the Program will move results out of the laboratory and into application for the benefit of society; 

ø(B) the Program’s support for long-term funding for 

interdisciplinary research and development in nanotechnology; and 

ø(C) the allocation of funding for interagency nanotechnology projects;¿ 

(4) develop, not later than 5 years after the date of the release 

of the most-recent strategic plan, and update every 5 years 

thereafter, a strategic plan to guide the activities described 

under subsection (b) that describes— 

(A) the near-term and long-term objectives for the Program; 

(B) the anticipated schedule for achieving the near-term 

objectives; and 

(C) the metrics that will be used to assess progress toward the near-term and long-term objectives; 

(D) how the Program will move results out of the laboratory and into application for the benefit of society; 

(E) the Program’s support for long-term funding for interdisciplinary research and development in nanotechnology; 

and 

(F) the allocation of funding for interagency nanotechnology projects; 

(5) propose a coordinated interagency budget for the Program 

to the Office of Management and Budget to ensure the maintenance of a balanced nanotechnology research portfolio and an 

appropriate level of research effort; 

(6) exchange information with academic, industry, State and 

local government (including State and regional nanotechnology 

programs), and other appropriate groups conducting research 

on and using nanotechnology; 

(7) develop a plan to utilize Federal programs, such as the 

Small Business Innovation Research Program and the Small 

Business Technology Transfer Research Program, in support of 

the activity stated in subsection (b)(7); 


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(8) identify research areas that are not being adequately addressed by the agencies’ current research programs and address such research areas; 

(9) encourage progress on Program activities through the utilization of existing manufacturing facilities and industrial infrastructures such as, but not limited to, the employment of 

underutilized manufacturing facilities in areas of high unemployment as production engineering and research testbeds; and 

(10) in carrying out its responsibilities under paragraphs (1) 

through (9), take into consideration the recommendations of 

the Advisory Panel, suggestions or recommendations developed 

pursuant to subsection (b)(10)(D), and the views of academic, 

State, industry, and other appropriate groups conducting research on and using nanotechnology. 

(d) ANNUAL REPORT.—The Council shall prepare an annual report, to be submitted to the Senate Committee on Commerce, 

Science, and Transportation and the House of Representatives 

Committee on Science, and other appropriate committees, at the 

time of the President’s budget request to Congress, that includes— 

(1) the Program budget, for the current fiscal year, for each 

agency that participates in the Program, including a breakout 

of spending for the development and acquisition of research facilities and instrumentation, for each program component area, 

and for all activities pursuant to subsection (b)(10); 

(2) the proposed Program budget for the next fiscal year, for 

each agency that participates in the Program, including a 

breakout of spending for the development and acquisition of research facilities and instrumentation, for each program component area, and for all activities pursuant to subsection (b)(10); 

(3) an analysis of the progress made toward achieving the 

goals and priorities established for the Program; 

(4) an analysis of the extent to which the Program has incorporated the recommendations of the Advisory Panel; and 

(5) an assessment of how Federal agencies are implementing 

the plan described in subsection (c)(7), and a description of the 

amount of Small Business Innovative Research and Small 

Business Technology Transfer Research funds supporting the 

plan. 

SEC. 4. ADVISORY PANEL. 

[15 U.S.C. 7503] 

* * * * * * * 

ø(d) REPORTS.—The Advisory Panel shall report, not less frequently than once every 2 fiscal years, to the President on its assessments under subsection (c) and its recommendations for ways 

to improve the Program. The first report under this subsection 

shall be submitted within 1 year after the date of enactment of this 

Act. The Director of the Office of Science and Technology Policy 

shall transmit a copy of each report under this subsection to the 

Senate Committee on Commerce, Science, and Technology, the 

House of Representatives Committee on Science, and other appropriate committees of the Congress.¿ 

(d) REPORTS.—Not later than 4 years after the date of the most 

recent assessment under subsection (c), and quadrennially thereafter, the Advisory Panel shall submit to the President, the ComVerDate Sep 11 2014 07:42 Dec 04, 2016 Jkt 069010 PO 00000 Frm 00085 Fmt 6659 Sfmt 6603 E:\HR\OC\SR389.XXX SR389

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mittee on Commerce, Science, and Transportation of the Senate, 

and the Committee on Science, Space, and Technology of the House 

of Representatives a report its assessments under subsection (c) and 

its recommendations for ways to improve the Program. 

(e) TRAVEL EXPENSES OF NON-FEDERAL MEMBERS.—Non-Federal 

members of the Advisory Panel, while attending meetings of the 

Advisory Panel or while otherwise serving at the request of the 

head of the Advisory Panel away from their homes or regular 

places of business, may be allowed travel expenses, including per 

diem in lieu of subsistence, as authorized by section 5703 of title 

5, United States Code, for individuals in the government serving 

without pay. Nothing in this subsection shall be construed to prohibit members of the Advisory Panel who are officers or employees 

of the United States from being allowed travel expenses, including 

per diem in lieu of subsistence, in accordance with existing law. 

(f) EXEMPTION FROM SUNSET.—Section 14 of the Federal Advisory Committee Act shall not apply to the Advisory Panel. 

SEC. 5. øTRIENNIAL¿ QUADRENNIAL EXTERNAL REVIEW OF THE NATIONAL NANOTECHNOLOGY PROGRAM. 

[15 U.S.C. 7504] 

(a) IN GENERAL.—The Director of the National Nanotechnology 

Coordination Office shall enter into an arrangement with the National Research Council of the National Academy of Sciences to 

conduct a øtriennial¿ quadrennial evaluation of the Program, including— 

(1) an evaluation of the technical accomplishments of the 

Program, including a review of whether the Program has 

achieved the goals under the metrics established by the Council; 

(2) a review of the Program’s management and coordination 

across agencies and disciplines; 

(3) a review of the funding levels at each agency for the Program’s activities and the ability of each agency to achieve the 

Program’s stated goals with that funding; 

(4) an evaluation of the Program’s success in transferring 

technology to the private sector; 

(5) an evaluation of whether the Program has been successful in fostering interdisciplinary research and development; 

(6) an evaluation of the extent to which the Program has 

adequately considered ethical, legal, environmental, and other 

appropriate societal concerns; 

(7) recommendations for new or revised Program goals; 

(8) recommendations for new research areas, partnerships, 

coordination and management mechanisms, or programs to be 

established to achieve the Program’s stated goals; 

(9) recommendations on policy, program, and budget changes 

with respect to nanotechnology research and development activities; 

(10) recommendations for improved metrics to evaluate the 

success of the Program in accomplishing its stated goals; 

(11) a review of the performance of the National Nanotechnology Coordination Office and its efforts to promote access to 

and early application of the technologies, innovations, and expertise derived from Program activities to agency missions and 


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systems across the Federal Government and to United States 

industry; 

(12) an analysis of the relative position of the United States 

compared to other nations with respect to nanotechnology research and development, including the identification of any 

critical research areas where the United States should be the 

world leader to best achieve the goals of the Program; and 

(13) an analysis of the current impact of nanotechnology on 

the United States economy and recommendations for increasing its future impact. 

(b) STUDY ON MOLECULAR SELF-ASSEMBLY.—As part of the first 

øtriennial¿ quadrennial review conducted in accordance with subsection (a), the National Research Council shall conduct a one-time 

study to determine the technical feasibility of molecular self-assembly for the manufacture of materials and devices at the molecular 

scale. 

(c) STUDY ON THE RESPONSIBLE DEVELOPMENT OF NANOTECHNOLOGY.—As part of the first øtriennial¿ quadrennial review conducted 

in accordance with subsection (a), the National Research Council 

shall conduct a one-time study to assess the need for standards, 

guidelines, or strategies for ensuring the responsible development 

of nanotechnology, including, but not limited to— 

(1) self-replicating nanoscale machines or devices; 

(2) the release of such machines in natural environments; 

(3) encryption; 

(4) the development of defensive technologies; 

(5) the use of nanotechnology in the enhancement of human 

intelligence; and 

(6) the use of nanotechnology in developing artificial intelligence. 

ø(d) EVALUATION TO BE TRANSMITTED TO CONGRESS.—The Director of the National Nanotechnology Coordination Office shall transmit the results of any evaluation for which it made arrangements 

under subsection (a) to the Advisory Panel, the Senate Committee 

on Commerce, Science, and Transportation and the House of Representatives Committee on Science upon receipt. The first such 

evaluation shall be transmitted no later than June 10, 2005, with 

subsequent evaluations transmitted to the Committees every 3 

years thereafter.¿ 

(d) REPORT.— 

(1) IN GENERAL.—Not later than 30 days after the date the 

first evaluation under subsection (a) is received, and quadrennially thereafter, the Director of the National Nanotechnology 

Coordination Office shall report to the President its assessments 

under subsection (c) and its recommendations for ways to improve the Program. 

(2) CONGRESS.—Not later than 30 days after the date the 

President receives the report under paragraph (1), the Director 

of the Office of Science and Technology Policy shall transmit a 

copy of the report to Congress. 


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NATIONAL SCIENCE FOUNDATION AUTHORIZATION ACT OF 

1988 

[Public Law 100–570; 102 Stat. 2865] 

SEC. 113. øEXPERIMENTAL¿ ESTABLISHED PROGRAM TO STIMULATE 

COMPETITIVE RESEARCH. 

[42 U.S.C. 1862g] 

(a) The Director shall operate øan Experimental Program to 

Stimulate Competitive Research¿ a program to stimulate competitive research (known as the Established Program to Stimulate Competitive Research), the purpose of which is to assist those States 

that— 

(1) historically have received relatively little Federal research and development funding; and 

(2) have demonstrated a commitment to develop their research bases and improve science and engineering research 

and education programs at their universities and colleges. 

(b) A State which has received an initial award under such Program, whether or not the award was received before or after the 

date of enactment of this Act, shall be eligible for up to 5 years of 

additional support under øthe program¿ the Program if that State 

provides assurances of new matching funds and submits an acceptable new plan for using Program funds and matching funds to 

build the research capabilities of the State. 

NATIONAL SCIENCE FOUNDATION AUTHORIZATION ACT OF 

2002 

[Public Law 107–368; 116 Stat. 3034] 

SEC. 9. MATHEMATICS AND SCIENCE EDUCATION PARTNERSHIPS. 

[42 U.S.C. 1862n] 

* * * * * * * 

(c) ACCOUNTABILITY AND DISSEMINATION.— (1) ASSESSMENT REQUIRED.—The Director shall evaluate the 

program established under subsection (a). At a minimum, such 

evaluation shall— 

(A) use a common set of benchmarks and assessment 

tools to identify best practices and materials developed and 

demonstrated by the partnerships; and 

(B) to the extent practicable, compare the effectiveness 

of practices and materials developed and demonstrated by 

the partnerships authorized under this section with those 

of partnerships funded by other State or Federal agencies. 

(2) REPORT ON EVALUATIONS.—Not later than 4 years after 

the date of enactment of the America COMPETES Act, the Director shall transmit a report summarizing the evaluations required under subsection (b)(1)(E) of grants received under this 

program and describing any changes to the program recommended as a result of these evaluations to the Committee 

on Science and Technology and the Committee on Education 

and Labor of the House of Representatives and to the Committee on Commerce, Science, and Transportation and the 

Committee on Health, Education, Labor, and Pensions of the 

Senate. Such report shall be made widely available to the public. 


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(3) ANNUAL MEETING.—The Director, in consultation with the 

Secretary of Education, shall convene an annual meeting of the 

partnerships participating under this section to foster greater 

national collaboration. 

ø(4) REPORT ON COORDINATION.—The Director, in consultation with the Secretary of Education, shall provide an annual 

report to the Committee on Science of the House of Representatives, the Committee on Education and the Workforce of the 

House of Representatives, the Committee on Commerce, 

Science, and Transportation of the Senate, and the Committee 

on Health, Education, Labor, and Pensions of the Senate describing how the program authorized under this section has 

been and will be coordinated with other programs with similar 

purposes. The report under this paragraph shall be submitted 

along with the President’s annual budget request.¿ 

ø(5)¿(4) TECHNICAL ASSISTANCE.—At the request of an eligible partnership or a State educational agency, the Director 

shall provide the partnership or agency with technical assistance in meeting any requirements of this section, including 

providing advice from experts on how to develop— 

(A) a quality application for a grant; and 

(B) quality activities from funds received from a grant 

under this section. 

(d) DEFINITIONS.—In this section— 

(1) the term ‘‘mathematics and science teacher’’ means a 

science, technology, engineering, or mathematics teacher at the 

elementary school or secondary school level; and 

(2) the term ‘‘science’’, in the context of elementary and secondary education, includes technology and pre-engineering. 

SEC. 10A. NATIONAL SCIENCE FOUNDATION TEACHING FELLOWSHIPS 

AND MASTER TEACHING FELLOWSHIPS. 

[42 U.S.C. 1862n-1a] 

* * * * * * * 

(k) STEM TEACHER SERVICE AND RETENTION.— (1) IN GENERAL.—The Director shall develop and implement 

practices for increasing the proportion of individuals receiving 

fellowships under this section who— 

(A) fulfill the service obligation required under subsection 

(h); and 

(B) remain in the teaching profession in a high need local 

educational agency beyond the service obligation. 

(2) PRACTICES.—The practices described under paragraph (1) 

may include— 

(A) partnering with nonprofit or professional associations 

or with other government entities to provide individuals receiving fellowships under this section with opportunities for 

professional development, including mentorship programs 

that pair those individuals with currently employed and recently retired science, technology, engineering, mathematics, 

or computer science professionals; 

(B) increasing recruitment from high need districts; 

(C) establishing a system to better collect, track, and respond to data on the career decisions of individuals receiving fellowships under this section; 


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(D) conducting research to better understand factors relevant to teacher service and retention, including factors 

specifically impacting the retention of teachers from underrepresented groups, including women and minorities; and 

(E) conducting pilot programs to improve teacher service 

and retention. 

SEC. 14. MAJOR RESEARCH EQUIPMENT AND FACILITIES CONSTRUCTION PLAN. 

[42 U.S.C. 1862n-4] 

ø(a) PRIORITIZATION OF PROPOSED MAJOR RESEARCH EQUIPMENT

AND FACILITIES CONSTRUCTION.— 

ø(1) DEVELOPMENT OF PRIORITIES.— 

ø(A) The Director shall— 

ø(i) develop a list indicating by number the relative 

priority for funding under the major research equipment and facilities construction account that the Director assigns to each project the Board has approved 

for inclusion in a future budget request; and 

ø(ii) submit the list described in clause (i) to the 

Board for approval. 

ø(B) The Director shall update the list prepared under 

subparagraph (A) each time the Board approves a new 

project that would receive funding under the major research equipment and facilities construction account, as 

necessary to prepare reports under paragraph (2), and, 

from time to time, submit any updated list to the Board 

for approval. 

ø(2) ANNUAL REPORT.—Not later than 90 days after the date 

of enactment of this Act, and not later than each June 15 

thereafter, the Director shall transmit to the Committee on 

Science of the House of Representatives, the Committee on 

Commerce, Science, and Transportation of the Senate, and the 

Committee on Health, Education, Labor, and Pensions of the 

Senate a report containing— 

ø(A) the most recent Board-approved priority list developed under paragraph (1)(A); 

ø(B) a description of the criteria used to develop such 

list; and 

ø(C) a description of the major factors for each project 

that determined the ranking of such project on the list, 

based on the application of the criteria described pursuant 

to subparagraph (B). 

ø(3) CRITERIA.—The criteria described pursuant to paragraph (2)(B) shall include, at a minimum— 

ø(A) scientific merit; 

ø(B) broad societal need and probable impact; 

ø(C) consideration of the results of formal prioritization 

efforts by the scientific community; 

ø(D) readiness of plans for construction and operation; 

ø(E) the applicant’s management and administrative capacity of large research facilities; 

ø(F) international and interagency commitments; and 

ø(G) the order in which projects were approved by the 

Board for inclusion in a future budget request.¿ 


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(a) PRIORITIZATION OF PROPOSED MAJOR RESEARCH EQUIPMENT

AND FACILITIES CONSTRUCTION.— 

(1) DEVELOPMENT OF PRIORITIES.—The Director shall— 

(A) develop a list indicating by number the relative priority for funding under the major research equipment and 

facilities construction account that the Director assigns to 

each project the Board has approved for inclusion in a future budget request; and 

(B) submit the list described in subparagraph (A) to the 

Board for approval. 

(2) CRITERIA.—The Director shall include in the criteria for 

developing the list under paragraph (1) the readiness of plans 

for construction and operation, including confidence in the estimates of the full life-cycle cost (as defined in section 2 of the 

National Science Foundation Authorization Act of 1998 (42 

U.S.C. 1862k note)) and the proposed schedule of completion. 

(3) UPDATES.—The Director shall update the list prepared 

under paragraph (1) each time the Board approves a new 

project that would receive funding under the major research 

equipment and facilities construction account and periodically 

submit any updated list to the Board for approval. 

(b) [Omitted] 

ø(c)¿(b) PROJECT MANAGEMENT.—No national research facility 

project funded under the major research equipment and facilities 

construction account shall be managed by an individual whose appointment to the Foundation is temporary. 

ø(d)BOARD APPROVAL OF MAJOR RESEARCH EQUIPMENT AND FACILITIES PROJECTS.— 

ø(1) IN GENERAL.—The Board shall explicitly approve any 

project to be funded out of the major research equipment and 

facilities construction account before any funds may be obligated from such account for such project. 

ø(2) REPORT.—Not later than September 15 of each fiscal 

year, the Board shall report to the Committee on Commerce, 

Science, and Transportation of the Senate, the Committee on 

Health, Education, Labor, and Pensions of the Senate, and the 

Committee on Science of the House of Representatives on the 

conditions of any delegation of authority under section 4 of the 

National Science Foundation Act of 1950 (42 U.S.C. 1863) that 

relates to funds appropriated for any project in the major research equipment and facilities construction account.¿ 

(c) BOARD APPROVAL OF MAJOR RESEARCH EQUIPMENT AND FACILITIES PROJECTS.—The Board shall explicitly approve any project 

to be funded out of the major research equipment and facilities construction account before any funds may be obligated from such account for such project. 

ø(e) NATIONAL ACADEMY OF SCIENCES STUDY ON MAJOR RESEARCH EQUIPMENT AND FACILITIES CONSTRUCTION.— 

ø(1) STUDY.—Not later than 3 months after the date of enactment of this Act, the Director shall enter into an arrangement with the National Academy of Sciences to perform a 

study on setting priorities for a diverse array of disciplinary 

and interdisciplinary Foundation-sponsored large research facility projects. 


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ø(2) TRANSMITTAL TO CONGRESS.—Not later than 15 months 

after the date of the enactment of this Act, the Director shall 

transmit to the Committee on Science and the Committee on 

Appropriations of the House of Representatives, and to the 

Committee on Commerce, Science, and Transportation, the 

Committee on Health, Education, Labor, and Pensions, and the 

Committee on Appropriations of the Senate, the study conducted by the National Academy of Sciences together with the 

Foundation’s reaction to the study authorized under paragraph 

(1).¿ 

AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 

[Public Law 111–5; 123 Stat. 245] 

SEC. 13202. RESEARCH AND DEVELOPMENT PROGRAMS. 

[42 U.S.C. 17912] 

(a) HEALTH CARE INFORMATION ENTERPRISE INTEGRATION RESEARCH CENTERS.— 

(1) IN GENERAL.—The Director of the National Institute of 

Standards and Technology, in consultation with the Director of 

the National Science Foundation and other appropriate Federal agencies, shall establish a program of assistance to institutions of higher education (or consortia thereof which may include nonprofit entities and Federal Government laboratories) 

to establish multidisciplinary Centers for Health Care Information Enterprise Integration. 

(2) REVIEW; COMPETITION.—Grants shall be awarded under 

this subsection on a merit-reviewed, competitive basis. 

(3) PURPOSE.—The purposes of the Centers described in 

paragraph (1) shall be— 

(A) to generate innovative approaches to health care information enterprise integration by conducting cuttingedge, multidisciplinary research on the systems challenges 

to health care delivery; and 

(B) the development and use of health information technologies and other complementary fields. 

(4) RESEARCH AREAS.—Research areas may include— 

(A) interfaces between human information and communications technology systems; 

(B) voice-recognition systems; 

(C) software that improves interoperability and 

connectivity among health information systems; 

(D) software dependability in systems critical to health 

care delivery; 

(E) measurement of the impact of information technologies on the quality and productivity of health care; 

(F) health information enterprise management; 

(G) health information technology security and integrity; 

and 

(H) relevant health information technology to reduce 

medical errors. 

(5) APPLICATIONS.—An institution of higher education (or a 

consortium thereof) seeking funding under this subsection 

shall submit an application to the Director of the National Institute of Standards and Technology at such time, in such 


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manner, and containing such information as the Director may 

require. The application shall include, at a minimum, a description of— 

(A) the research projects that will be undertaken by the 

Center established pursuant to assistance under paragraph (1) and the respective contributions of the participating entities; 

(B) how the Center will promote active collaboration 

among scientists and engineers from different disciplines, 

such as information technology, biologic sciences, management, social sciences, and other appropriate disciplines; 

(C) technology transfer activities to demonstrate and diffuse the research results, technologies, and knowledge; and 

(D) how the Center will contribute to the education and 

training of researchers and other professionals in fields 

relevant to health information enterprise integration. 

(b) NATIONAL INFORMATION TECHNOLOGY RESEARCH AND DEVELOPMENT PROGRAM.—The øNational High-Performance Computing 

Program¿ Networking and Information Technology Research and 

Development Program established by section 101 of the High-Performance Computing Act of 1991 (15 U.S.C. 5511) shall include 

Federal research and development programs related to health information technology. 

ENTERPRISE INTEGRATION ACT OF 2002 

[15 U.S.C. 278g-5] 

SEC. 3. ENTERPRISE INTEGRATION INITIATIVE. 

[15 U.S.C. 278g-5] 

(a) ESTABLISHMENT.—The Director shall establish an initiative 

for advancing enterprise integration within the United States. In 

carrying out this section, the Director shall involve, as appropriate, 

the various units of the National Institute of Standards and Technology, including the National Institute of Standards and Technology laboratories (including the Building and Fire Research Laboratory), the Hollings Manufacturing Extension Partnership program established under sections 25 and 26 of the National Institute of Standards and Technology Act (15 U.S.C. 278k and 278l), 

and the Malcolm Baldrige National Quality Program. This initiative shall build upon ongoing efforts of the National Institute of 

Standards and Technology and of the private sector, shall involve 

consortia that include government and industry, and shall address 

the enterprise integration needs of each United States major manufacturing industry at the earliest possible date. 

(b) ASSESSMENT.—For each major manufacturing industry, the 

Director may work with industry, trade associations, professional 

societies, and others as appropriate, to identify enterprise integration standardization and implementation activities underway in 

the United States and abroad that affect that industry and to assess the current state of enterprise integration within that industry. The Director may assist in the development of roadmaps to 

permit supply chains within the industry to operate as an integrated electronic enterprise. The roadmaps shall be based on voluntary consensus standards. 


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(c) AUTHORIZED ACTIVITIES.—In order to carry out this Act, the 

Director may work with industry, trade associations, professional 

societies, and others as appropriate— 

(1) to raise awareness in the United States, including awareness by businesses that are majority owned by women, minorities, or both, of enterprise integration activities in the United 

States and abroad, including by the convening of conferences; 

(2) on the development of enterprise integration roadmaps; 

(3) to support the development, testing, promulgation, integration, adoption, and upgrading of standards related to enterprise integration including application protocols; and 

(4) to provide technical assistance and, if necessary, financial 

support to small- and medium-sized businesses that set up 

pilot projects in enterprise integration. 

(d) MANUFACTURING EXTENSION PROGRAM.—The Director shall 

ensure that the Manufacturing Extension Program is prepared to 

advise small- and medium-sized businesses on how to acquire the 

expertise, equipment, and training necessary to participate fully in 

supply chains using enterprise integration. 

AMERICA COMPETES ACT 

[Public Law 110–69; 121 Stat. 572] 

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

[42 U.S.C. 6603] 

(a) SENSE OF CONGRESS ON SUPPORT AND PROMOTION OF INNOVATION IN THE UNITED STATES.—It is the sense of Congress that each 

Federal research agency should strive to support and promote innovation in the United States through high-risk, high-reward basic 

research projects that— 

(1) meet fundamental technological or scientific challenges; 

(2) involve multidisciplinary work; and 

(3) involve a high degree of novelty. 

(b) SENSE OF CONGRESS ON SETTING ANNUAL FUNDING GOALS

FOR BASIC RESEARCH.—It is the sense of Congress that each Executive agency that funds research in science, technology, engineering, 

or mathematics should set a goal of allocating an appropriate percentage of the annual basic research budget of such agency to funding high-risk, high-reward basic research projects described in subsection (a). 

ø(c) REPORT.—Each Executive agency described in subsection (b) 

shall submit to Congress each year, together with documents submitted to Congress in support of the budget of the President for the 

fiscal year beginning in such year (as submitted pursuant to section 1105 of title 31, United States Code), a report describing 

whether a funding goal as described in subsection (b) has been established, and if such a goal has been established, the following: 

ø(1) A description of such funding goal. 

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

ø(3) A description of activities supported by amounts allocated in accordance with such funding goal.¿ 

ø(d)¿(c) DEFINITIONS.—In this section: 


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(1) BASIC RESEARCH.—The term ‘‘basic research’’ has the 

meaning given such term in the Office of Management and 

Budget Circular No. A-11. 

(2) EXECUTIVE AGENCY.—The term ‘‘Executive agency’’ has 

the meaning given such term in section 105 of title 5, United 

States Code. 

SEC. 4002. NOAA OCEAN AND ATMOSPHERIC SCIENCE EDUCATION 

PROGRAMS. 

[33 U.S.C. 893a] 

(a) IN GENERAL.—The Administrator of the National Oceanic and 

Atmospheric Administration shall conduct, develop, support, promote, and coordinate formal and informal educational activities at 

all levels to enhance public awareness and understanding of ocean, 

coastal, Great Lakes, and atmospheric science and stewardship by 

the general public and other coastal stakeholders, including underrepresented groups in ocean and atmospheric science and policy careers. In conducting those activities, the Administrator shall build 

upon the educational programs and activities of agency, with consideration given to the goal of promoting the participation of individuals from underrepresented groups, including ethnic, racial, and 

economic minority groups, in STEM fields and in promoting the acquisition and retention of highly qualified and motivated young scientists to complement and supplement workforce needs. 

(b) EDUCATIONAL PROGRAM GOALS.—The education programs developed by NOAA shall, to the extent applicable— 

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

in STEM; 

(2) improve public literacy in STEM; 

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

(4) provide curriculum support materials and other resources 

that— 

(A) are designed to be integrated with comprehensive 

STEM education; 

(B) are aligned with national science education standards; øand¿ 

(C) are designed considering the unique needs of underrepresented racial and ethnic groups, translating such materials and other resources into appropriate multi-lingual 

curricula; 

ø(C)¿(D) promote the adoption and implementation of 

high-quality education practices that build toward college 

and career-readiness; and 

(E) are promoted widely, especially among underrepresented groups (including among racial and ethnic minority communities); and 

(5) create and support opportunities for enhanced and ongoing professional development for teachers using best practices 

that improves the STEM content and knowledge of the teachers, including through programs linking STEM teachers with 

STEM educators at the higher education level. 

(c) NOAA SCIENCE EDUCATION PLAN.—The Administrator, appropriate National Oceanic and Atmospheric Administration programs, ocean atmospheric science and education experts, and interVerDate Sep 11 2014 07:42 Dec 04, 2016 Jkt 069010 PO 00000 Frm 00095 Fmt 6659 Sfmt 6602 E:\HR\OC\SR389.XXX SR389

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ested members of the public shall maintain a science education 

plan setting forth education goals and strategies for the Administration, as well as programmatic actions to carry out such goals 

and priorities over the next 20 years, and evaluate and update 

such plan every 5 years. 

(d) METRICS.—In executing the National Oceanic and Atmospheric Administration science education plan under subsection (c), 

the Administrator shall maintain a comprehensive system for evaluating the Administration’s educational programs and activities. In 

so doing, the Administrator shall ensure that such education programs have measurable objectives and milestones as well as clear, 

documented metrics for evaluating programs. For each such education program or portfolio of similar programs, the Administrator 

shall— 

(1) encourage the collection of evidence as relevant to the 

measurable objectives and milestones; and 

(2) ensure that program or portfolio evaluations focus on educational outcomes and not just inputs, activities completed, or 

the number of participants. 

ø(d)¿(e) CONSTRUCTION.—Nothing in this section may be construed to affect the application of section 438 of the General Education Provisions Act (20 U.S.C. 1232a) or sections 504 and 508 of 

the Rehabilitation Act of 1973 (29 U.S.C. 794 and 794d). 

ø(e)¿(f) STEM DEFINED.—In this section, the term ‘‘STEM’’ 

means the academic and professional disciplines of science, technology, engineering, and mathematics. 

øSEC. 6111. PURPOSE. 

[20 U.S.C. 9811] 

øThe purpose of this part is— 

ø(1) to develop and implement programs to provide integrated courses of study in science, technology, engineering, 

mathematics, or critical foreign languages, and teacher education, that lead to a baccalaureate degree in science, technology, engineering, mathematics, or a critical foreign language, with concurrent teacher certification; 

ø(2) to develop and implement 2- or 3-year part-time master’s degree programs in science, technology, engineering, 

mathematics, or critical foreign language education for teachers in order to enhance the teachers’ content knowledge and 

pedagogical skills; and 

ø(3) to develop programs for professionals in science, technology, engineering, mathematics, or critical foreign language 

education that lead to a master’s degree in teaching that results in teacher certification.¿ 

øSEC. 6112. DEFINITIONS. 

[20 U.S.C. 9812] 

øIn this part: 

ø(1) CHILDREN FROM LOW-INCOME FAMILIES.—The term ‘‘children from low-income families’’ means children described in 

section 1124(c)(1)(A) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6333(c)(1)(A)). 

ø(2) ELIGIBLE RECIPIENT.—The term ‘‘eligible recipient’’ 

means an institution of higher education that receives grant 

funds under this part on behalf of a department of science, 


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technology, engineering, mathematics, or a critical foreign language, or on behalf of a department or school with a competency-based degree program (in science, technology, engineering, mathematics, or a critical foreign language) that includes teacher certification, for use in carrying out activities 

assisted under this part. 

ø(3) HIGH-NEED LOCAL EDUCATIONAL AGENCY.—The term 

‘‘high-need local educational agency’’ means a local educational 

agency or educational service agency— 

ø(A)(i) that serves not fewer than 10,000 children from 

low-income families; 

ø(ii) for which not less than 20 percent of the children served by the agency are children from low-income families; or 

ø(iii) with a total of less than 600 students in average daily attendance at the schools that are served by 

the agency and all of whose schools are designated 

with a school locale code of 41, 42, or 43, as determined by the Secretary; and 

ø(B)(i) for which there is a high percentage of teachers 

providing instruction in academic subject areas or grade 

levels for which the teachers are not highly qualified; or 

ø(ii) for which there is a high teacher turnover rate 

or a high percentage of teachers with emergency, provisional, or temporary certification or licensure. 

ø(4) HIGHLY QUALIFIED.—The term ‘‘highly qualified’’ has the 

meaning given such term in section 9101 of the Elementary 

and Secondary Education Act of 1965 (20 U.S.C. 7801) and, 

with respect to special education teachers, in section 602 of the 

Individuals with Disabilities Education Act (20 U.S.C. 1401). 

ø(5) PARTNERSHIP.—The term ‘‘partnership’’ means a partnership that— 

ø(A) shall include— 

ø(i) an eligible recipient; 

ø(ii)(I)(aa) a department within the eligible recipient 

that provides a program of study in science, technology, engineering, mathematics, or a critical foreign 

language; and 

ø(bb) a school, department, or program of 

education within the eligible recipient, or a 2- 

year institution of higher education that has 

a teacher preparation offering or a dual enrollment program with the eligible recipient; 

or 

ø(II) a department or school within the eligible 

recipient with a competency-based degree program 

(in science, technology, engineering, mathematics, 

or a critical foreign language) that includes teacher certification; and 

ø(iii) not less than 1 high-need local educational 

agency and a public school or a consortium of public 

schools served by the agency; and 

ø(B) may include a nonprofit organization that has a 

demonstrated record of providing expertise or support to 

meet the purposes of this part. 


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ø(6) TEACHING SKILLS.—The term ‘‘teaching skills’’ means 

the ability to— 

ø(A) increase student achievement and learning and increase a student’s ability to apply knowledge; 

ø(B) effectively convey and explain academic subject 

matter; 

ø(C) employ strategies grounded in the disciplines of 

teaching and learning that— 

ø(i) are based on scientifically valid research; 

ø(ii) are specific to academic subject matter; and 

ø(iii) focus on the identification of students’ specific 

learning needs, particularly students with disabilities, 

students who are limited English proficient, students 

who are gifted and talented, and students with low literacy levels, and the tailoring of academic instruction 

to such needs; 

ø(D) conduct ongoing assessment of student learning; 

ø(E) effectively manage a classroom; and 

ø(F) communicate and work with parents and guardians, 

and involve parents and guardians in their children’s education.¿ 

øSEC. 6113. PROGRAMS FOR BACCALAUREATE DEGREES IN SCIENCE, 

TECHNOLOGY, ENGINEERING, MATHEMATICS, OR CRITICAL FOREIGN LANGUAGES, WITH CONCURRENT TEACHER CERTIFICATION. 

[20 U.S.C. 9813] 

ø(a) PROGRAM AUTHORIZED.—From the amounts made available 

to carry out this section under section 6116(1) and not reserved 

under section 6115(d) for a fiscal year, the Secretary is authorized 

to award grants, on a competitive basis, to eligible recipients to enable partnerships served by the eligible recipients to develop and 

implement programs to provide courses of study in science, technology, engineering, mathematics, or critical foreign languages 

that— 

ø(1) are integrated with teacher education; and 

ø(2) lead to a baccalaureate degree in science, technology, engineering, mathematics, or a critical foreign language with concurrent teacher certification. 

ø(b) APPLICATION.—Each eligible recipient desiring a grant under 

this section shall submit an application to the Secretary at such 

time and in such manner as the Secretary may require. Each application shall— 

ø(1) describe the program for which assistance is sought; 

ø(2) describe how a department of science, technology, engineering, mathematics, or a critical foreign language participating in the partnership will ensure significant collaboration 

with a teacher preparation program in the development of undergraduate degrees in science, technology, engineering, mathematics, or a critical foreign language, with concurrent teacher 

certification, including providing student teaching and other 

clinical classroom experiences or how a department or school 

participating in the partnership with a competency-based degree program has ensured, in the development of a baccalaureate degree program in science, technology, engineering, 

mathematics, or a critical foreign language, the provision of 


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concurrent teacher certification, including providing student 

teaching and other clinical classroom experiences; 

ø(3) describe the high-quality research, laboratory, or internship experiences, integrated with coursework, that will be provided under the program; 

ø(4) describe how members of groups that are underrepresented in the teaching of science, technology, engineering, 

mathematics, or critical foreign languages will be encouraged 

to participate in the program; 

ø(5) describe how program participants will be encouraged to 

teach in schools determined by the partnership to be most in 

need, and the assistance in finding employment in such schools 

that will be provided; 

ø(6) describe the ongoing activities and services that will be 

provided to graduates of the program; 

ø(7) describe how the activities of the partnership will be coordinated with any activities funded through other Federal 

grants, and how the partnership will continue the activities assisted under the program when the grant period ends; 

ø(8) describe how the partnership will assess the content 

knowledge and teaching skills of the program participants; and 

ø(9) provide any other information the Secretary may reasonably require. 

ø(c) PRIORITY.—Priority shall be given to applications whose primary focus is on placing participants in high-need local educational 

agencies. 

ø(d) AUTHORIZED ACTIVITIES.— ø(1) IN GENERAL.—Each eligible recipient receiving a grant 

under this section shall use the grant funds to enable a partnership to develop and implement a program to provide 

courses of study in science, technology, engineering, mathematics, or a critical foreign language that— 

ø(A) are integrated with teacher education programs 

that promote effective teaching skills; and 

ø(B) lead to a baccalaureate degree in science, technology, engineering, mathematics, or a critical foreign language with concurrent teacher certification. 

ø(2) PROGRAM REQUIREMENTS.—The program shall— 

ø(A) provide high-quality research, laboratory, or internship experiences for program participants; 

ø(B) provide student teaching or other clinical classroom 

experiences that— 

ø(i) are integrated with coursework; and 

ø(ii) lead to the participants’ ability to demonstrate 

effective teaching skills; 

ø(C) if implementing a program in which program participants are prepared to teach science, technology, engineering, mathematics, or critical foreign language courses, 

include strategies for improving student literacy; 

ø(D) encourage the participation of individuals who are 

members of groups that are underrepresented in the teaching of science, technology, engineering, mathematics, or 

critical foreign languages; 

ø(E) encourage participants to teach in schools determined by the partnership to be most in need, and actively 


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assist the participants in finding employment in such 

schools; 

ø(F) offer training in the use of and integration of educational technology; 

ø(G) collect data regarding and evaluate, using measurable objectives and benchmarks, the extent to which the 

program succeeded in— 

ø(i) increasing the percentage of highly qualified 

mathematics, science, or critical foreign language 

teachers, including increasing the percentage of such 

teachers teaching in those schools determined by the 

partnership to be most in need; 

ø(ii) improving student academic achievement in 

mathematics, science, and where applicable, technology and engineering; 

ø(iii) increasing the number of students in secondary 

schools enrolled in upper level mathematics, science, 

and, where available, technology and engineering 

courses; and 

ø(iv) increasing the numbers of elementary school 

and secondary school students enrolled in and continuing in critical foreign language courses; 

ø(H) collect data on the employment placement and retention of all graduates of the program, including information on how many graduates are teaching and in what 

kinds of schools; 

ø(I) provide ongoing activities and services to graduates 

of the program who teach elementary school or secondary 

school, by— 

ø(i) keeping the graduates informed of the latest developments in their respective academic fields; and 

ø(ii) supporting the graduates of the program who 

are employed in schools in the local educational agency participating in the partnership during the initial 

years of teaching through— 

ø(I) induction programs; 

ø(II) promotion of effective teaching skills; and 

ø(III) providing opportunities for regular professional development; and 

ø(J) develop recommendations to improve the school, department, or program of education participating in the 

partnership. 

ø(e) ANNUAL REPORT.—Each eligible recipient receiving a grant 

under this section shall collect and report to the Secretary annually 

such information as the Secretary may reasonably require, including— 

ø(1) the number of participants in the program; 

ø(2) information on the academic majors of participating students; 

ø(3) the race, gender, income, and disability status of program participants; 

ø(4) the placement of program participants as teachers in 

schools determined by the partnership to be most in need; 


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ø(5) the extent to which the program succeeded in meeting 

the objectives and benchmarks described in subsection 

(d)(2)(G); and 

ø(6) the data collected under subparagraphs (G) and (H) of 

subsection (d)(2). 

ø(f) TECHNICAL ASSISTANCE.—From the funds made available 

under section 6116(1), the Secretary may provide technical assistance to an eligible recipient developing a baccalaureate degree program with concurrent teacher certification, including technical assistance provided through a grant or contract awarded on a competitive basis to an institution of higher education or a technical 

assistance center. 

ø(g) COMPLIANCE WITH FERPA.—Any activity under this section 

shall be carried out in compliance with section 444 of the General 

Education Provisions Act (20 U.S.C. 1232g) (commonly known as 

the Family Educational Rights and Privacy Act of 1974). 

ø(h) INDUCTION PROGRAM DEFINED.—In this section, the term 

‘‘induction program’’ means a formalized program for new teachers 

during not less than the teachers’ first 2 years of teaching that is 

designed to provide support for, and improve the professional performance and advance the retention in the teaching field of, beginning teachers. Such program shall promote effective teaching skills 

and shall include the following components: 

ø(1) High-quality teacher mentoring. 

ø(2) Periodic, structured time for collaboration with teachers 

in the same department or field, as well as time for information-sharing among teachers, principals, administrators, and 

participating faculty in the partner institution. 

ø(3) The application of empirically based practice and scientifically valid research on instructional practices. 

ø(4) Opportunities for new teachers to draw directly upon 

the expertise of teacher mentors, faculty, and researchers to 

support the integration of empirically based practice and scientifically valid research with practice. 

ø(5) The development of skills in instructional and behavioral interventions derived from empirically based practice and, 

where applicable, scientifically valid research. 

ø(6) Faculty who— 

ø(A) model the integration of research and practice in 

the classroom; and 

ø(B) assist new teachers with the effective use and integration of technology in the classroom. 

ø(7) Interdisciplinary collaboration among exemplary teachers, faculty, researchers, and other staff who prepare new 

teachers on the learning process and the assessment of learning. 

ø(8) Assistance with the understanding of data, particularly 

student achievement data, and the data’s applicability in classroom instruction. 

ø(9) Regular evaluation of the new teacher.¿ 


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øSEC. 6114. PROGRAMS FOR MASTER’S DEGREES IN SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, OR CRITICAL 

FOREIGN LANGUAGE EDUCATION. 

[20 U.S.C. 9814] 

ø(a) PROGRAM AUTHORIZED.—From the amounts made available 

to carry out this section under section 6116(2) and not reserved 

under section 6115(d) for a fiscal year, the Secretary is authorized 

to award grants, on a competitive basis, to eligible recipients to enable the partnerships served by the eligible recipients to develop 

and implement— 

ø(1) 2- or 3-year part-time master’s degree programs in 

science, technology, engineering, mathematics, or critical foreign language education for teachers in order to enhance the 

teacher’s content knowledge and teaching skills; or 

ø(2) programs for professionals in science, technology, engineering, mathematics, or a critical foreign language that lead 

to a 1-year master’s degree in teaching that results in teacher 

certification. 

ø(b) APPLICATION.—Each eligible recipient desiring a grant under 

this section shall submit an application to the Secretary at such 

time and in such manner as the Secretary may require. Each application shall describe— 

ø(1) how a department of science, technology, engineering, 

mathematics, or a critical foreign language will ensure significant collaboration with a school, department, or program of 

education in the development of the master’s degree programs 

authorized under subsection (a), or how a department or school 

with a competency-based degree program has ensured, in the 

development of a master’s degree program, the provision of rigorous studies in science, technology, engineering, mathematics, 

or a critical foreign language that enhance the teachers’ content knowledge and teaching skills; 

ø(2) the role of the local educational agency in the partnership in developing and administering the program and how 

feedback from the local educational agency, school, and participants will be used to improve the program; 

ø(3) how the program will help increase the percentage of 

highly qualified mathematics, science, or critical foreign language teachers, including increasing the percentage of such 

teachers teaching in schools determined by the partnership to 

be most in need; 

ø(4) how the program will— 

ø(A) improve student academic achievement in mathematics, science, and, where applicable, technology and engineering and increase the number of students taking 

upper-level courses in such subjects; or 

ø(B) increase the numbers of elementary school and secondary school students enrolled and continuing in critical 

foreign language courses; 

ø(5) how the program will prepare participants to become 

more effective science, technology, engineering, mathematics, 

or critical foreign language teachers; 

ø(6) how the program will prepare participants to assume 

leadership roles in their schools; 


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ø(7) how teachers (or science, technology, engineering, mathematics, or critical foreign language professionals) who are 

members of groups that are underrepresented in the teaching 

of science, technology, engineering, mathematics, or critical foreign languages and teachers from schools determined by the 

partnership to be most in need will be encouraged to apply for 

and participate in the program; 

ø(8) the ongoing activities and services that will be provided 

to graduates of the program; 

ø(9) how the partnership will continue the activities assisted 

under the grant when the grant period ends; 

ø(10) how the partnership will assess, during the program, 

the content knowledge and teaching skills of the program participants; and 

ø(11) methods to ensure applicants to the master’s degree 

program for professionals in science, technology, engineering, 

mathematics, or a critical foreign language demonstrate advanced knowledge in the relevant subject. 

ø(c) AUTHORIZED ACTIVITIES.—Each eligible recipient receiving a 

grant under this section shall use the grant funds to develop and 

implement a 2- or 3-year part-time master’s degree program in 

science, technology, engineering, mathematics, or critical foreign 

language education for teachers in order to enhance the teachers’ 

content knowledge and teaching skills, or programs for professionals in science, technology, engineering, mathematics, or a critical foreign language that lead to a 1-year master’s degree in teaching that results in teacher certification. The program shall— 

ø(1) promote effective teaching skills so that program participants become more effective science, technology, engineering, 

mathematics, or critical foreign language teachers; 

ø(2) prepare teachers to assume leadership roles in their 

schools by participating in activities such as teacher mentoring, development of curricula that integrate state of the art 

applications of science, technology, engineering, mathematics, 

or critical foreign language into the classroom, working with 

school administrators in establishing in-service professional development of teachers, and assisting in evaluating data and assessments to improve student academic achievement; 

ø(3) use high-quality research, laboratory, or internship experiences for program participants that are integrated with 

coursework; 

ø(4) provide student teaching or clinical classroom experience; 

ø(5) if implementing a program in which participants are 

prepared to teach science, technology, engineering, mathematics, or critical foreign language courses, provide strategies 

for improving student literacy; 

ø(6) align the content knowledge in the master’s degree program with challenging student academic achievement standards and challenging academic content standards established 

by the State in which the program is conducted; 

ø(7) encourage the participation of— 

ø(A) individuals who are members of groups that are 

underrepresented in the teaching of science, technology, 

engineering, mathematics, or critical foreign languages; 


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ø(B) members of the Armed Forces who are transitioning 

to civilian life; and 

ø(C) teachers teaching in schools determined by the 

partnership to be most in need; 

ø(8) offer tuition assistance, based on need, as appropriate; 

ø(9) create opportunities for enhanced and ongoing professional development for teachers that improves the science, 

technology, engineering, mathematics, and critical foreign language content knowledge and teaching skills of such teachers; 

and 

ø(10) evaluate and report on the impact of the program, in 

accordance with subsection (d). 

ø(d) EVALUATION AND REPORT.—Each eligible recipient receiving 

a grant under this section shall evaluate, using measurable objectives and benchmarks, and provide an annual report to the Secretary regarding, the extent to which the program assisted under 

this section succeeded in the following: 

ø(1) Increasing the number and percentage of science, technology, engineering, mathematics, or critical foreign language 

teachers who have a master’s degree and meet 1 or more of the 

following requirements: 

ø(A) Are teaching in schools determined by the partnership to be most in need, and taught in such schools prior 

to participation in the program. 

ø(B) Are teaching in schools determined by the partnership to be most in need, and did not teach in such schools 

prior to participation in the program. 

ø(C) Are members of a group underrepresented in the 

teaching of science, technology, engineering, mathematics, 

or a critical foreign language. 

ø(2) Bringing professionals in science, technology, engineering, mathematics, or a critical foreign language into the field 

of teaching. 

ø(3) Retaining teachers who participate in the program.¿ 

øSEC. 6115. GENERAL PROVISIONS. 

[20 U.S.C. 9815] 

ø(a) DURATION OF GRANTS.—The Secretary shall award each 

grant under this part for a period of not more than 5 years. 

ø(b) MATCHING REQUIREMENT.—Each eligible recipient that receives a grant under this part shall provide, from non-Federal 

sources, an amount equal to 50 percent of the amount of the grant 

(which may be provided in cash or in kind) to carry out the activities supported by the grant. 

ø(c) SUPPLEMENT, NOT SUPPLANT.—Grant funds provided under 

this part shall be used to supplement, and not supplant, other Federal or State funds. 

ø(d) EVALUATION.—From amounts made available for any fiscal 

year under section 6116, the Secretary shall reserve such sums as 

may be necessary— 

ø(1) to provide for the conduct of an annual independent 

evaluation, by grant or by contract, of the activities assisted 

under this part, which shall include an assessment of the impact of the activities on student academic achievement; and 

ø(2) to prepare and submit an annual report on the results 

of the evaluation described in paragraph (1) to the Committee 


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on Health, Education, Labor, and Pensions of the Senate, the 

Committee on Education and Labor of the House of Representatives, and the Committees on Appropriations of the Senate 

and House of Representatives.¿ 

øSEC. 6116. AUTHORIZATION OF APPROPRIATIONS. 

[20 U.S.C. 9816] 

øThere are authorized to be appropriated to carry out this part $4,000,000 for each of fiscal years 2011 through 2013, of which— 

ø(1) $2,000,000 shall be available to carry out section 6113 

for each of fiscal years 2011 through 2013; and 

ø(2) $2,000,000 shall be available to carry out section 6114 

for each of fiscal years 2011 through 2013.¿ 

SEC. 7012. FUNDING FOR SUCCESSFUL SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS EDUCATION PROGRAMS. 

[42 U.S.C. 1862o-4] 

(a) EVALUATION OF PROGRAMS.—The Director shall, on an annual 

basis, evaluate all of the Foundation’s grants that are scheduled to 

expire within 1 year and— 

(1) that have the primary purpose of meeting the objectives 

of the Science and Engineering Equal Opportunity Act (42 

U.S.C. 1885 et seq.); or 

(2) that have the primary purpose of providing teacher professional development. 

(b) CONTINUATION OF FUNDING.—For grants that are identified 

under subsection (a) and that are determined by the Director to be 

successful in meeting the objectives of the initial grant solicitation, 

the Director may extend the duration of those grants for not more 

than 3 additional years beyond their scheduled expiration without 

the requirement for a recompetition. 

ø(c) REPORT TO CONGRESS.—Not later than 1 year after the date 

of enactment of this Act, and annually thereafter, the Director 

shall submit a report to the Committee on Science and Technology 

of the House of Representatives and to the Committee on Commerce, Science, and Transportation and the Committee on Health, 

Education, Labor, and Pensions of the Senate that— 

ø(1) lists the grants that have been extended in duration by 

the authority provided under this section; and 

ø(2) provides any recommendations the Director may have 

regarding the extension of the authority provided under this 

section to programs other than those specified in subsection 

(a).¿ 

SEC. 7031. ENCOURAGING PARTICIPATION. 

[42 U.S.C. 1862o-11] 

* * * * * * * 

ø(b) EVALUATION AND REPORT.—The Director shall establish 

metrics to evaluate the success of the programs established by the 

Foundation for encouraging individuals identified in section 33 or 

34 of the Science and Engineering Equal Opportunities Act (42 

U.S.C. 1885a or 1885b) to study and prepare for careers in science, 

technology, engineering, and mathematics, including programs that 

provide for mentoring for such individuals. The Director shall carry 

out evaluations based on the metrics developed and report to Congress annually on the findings and conclusions of the evaluations.¿ 


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AMERICA COMPETES REAUTHORIZATION ACT OF 2010 

[Public Law 111–358; 124 Stat. 3982] 

SEC. 101. COORDINATION OF FEDERAL STEM EDUCATION. 

[42 U.S.C. 6621] 

(a) ESTABLISHMENT.—The Director shall establish a committee 

under the National Science and Technology Council, including the 

Office of Management and Budget, with the responsibility to coordinate Federal programs and activities in support of STEM education, including at the National Science Foundation, the Department of Energy, the National Aeronautics and Space Administration, the National Oceanic and Atmospheric Administration, the 

Department of Education, and all other Federal agencies that have 

programs and activities in support of STEM education. 

(b) RESPONSIBILITIES.—The committee established under subsection (a) shall— 

(1) coordinate the STEM education activities and programs 

of the Federal agencies; 

(2) coordinate STEM education activities and programs with 

the Office of Management and Budget; 

(3) encourage the teaching of innovation and entrepreneurship as part of STEM education activities; 

(4) review STEM education activities and programs to ensure 

they are not duplicative of similar efforts within the Federal 

government; 

(5) develop, implement through the participating agencies, 

and update once every 5 years a 5-year STEM education strategic plan, which shall— 

(A) specify and prioritize annual and long-term objectives; 

(B) specify the common metrics that will be used to assess progress toward achieving the objectives; 

(C) describe the approaches that will be taken by each 

participating agency to assess the effectiveness of its 

STEM education programs and activities; and 

(D) with respect to subparagraph (A), describe the role 

of each agency in supporting programs and activities designed to achieve the objectivesø; and¿; 

(6) establish, periodically update, and maintain an inventory 

of Federally sponsored STEM education programs and activities, including documentation of assessments of the effectiveness of such programs and activities and rates of participation 

by women, underrepresented minorities, and persons in rural 

areas in such programs and activitiesø.¿; 

(7) collaborate with the STEM Education Advisory Panel established under section 303 of the American Innovation and 

Competitiveness Act and other outside stakeholders to ensure 

the engagement of the STEM education community; 

(8) review the measures used by a Federal agency to evaluate 

its STEM education activities and programs; 

(9) request and review feedback from States on how the States 

are utilizing Federal STEM education programs and activities; 

and 

(10) recommend the reform, termination, or consolidation of 

Federal STEM education activities and programs, taking into 


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consideration the recommendations of the STEM Education Advisory Panel. 

ø(b)¿(c) øRESPONSIBILITIES OF OSTP¿ RESPONSIBILITIES OF

OSTP.—The Director shall encourage and monitor the efforts of the 

participating agencies to ensure that the strategic plan under subsection (b)(5) is developed and executed effectively and that the objectives of the strategic plan are met. 

ø(c)¿(d) øREPORT¿ REPORT.—The Director shall transmit a report 

annually to Congress at the time of the President’s budget request 

describing the plan required under subsection (b)(5). The annual 

report shall include— 

(1) a description of the STEM education programs and activities for the previous and current fiscal years, and the proposed 

programs and activities under the President’s budget request, 

of each participating Federal agency; 

(2) the levels of funding for each participating Federal agency for the programs and activities described under paragraph 

(1) for the previous fiscal year and under the President’s budget request; 

(3) an evaluation of the levels of duplication and fragmentation of the programs and activities described under paragraph 

(1); 

(4) except for the initial annual report, a description of the 

progress made in carrying out the implementation plan, including a description of the outcome of any program assessments 

completed in the previous year, and any changes made to that 

plan since the previous annual reportø; 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))ø.¿; 

(6) a description of all consolidations and terminations of 

Federal STEM education programs and activities implemented 

in the previous fiscal year, including an explanation for the 

consolidations and terminations; 

(7) recommendations for reforms, consolidations, and terminations of STEM education programs or activities in the upcoming fiscal year; and 

(8) a description of any significant new STEM education public-private partnerships. 

SEC. 502. DEFINITIONS. 

[42 U.S.C. 1862p note] 

In this subtitle: 

(1) DIRECTOR.—The term ‘‘Director’’ means the Director of 

the National Science Foundation. 

ø(2) EPSCOR.—The term ‘‘EPSCoR’’ means the Experimental 

Program to Stimulate Competitive Research.¿ 

(2) EPSCOR.—The term ‘‘EPSCoR’’ means— 

(A) the Established Program to Stimulate Competitive 

Research established by the Foundation; or 


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(B) a program similar to the Established Program to 

Stimulate Competitive Research at another Federal agency. 

(3) FOUNDATION.—The term ‘‘Foundation’’ means the National Science Foundation established under section 2 of the 

National Science Foundation Act of 1950 (42 U.S.C. 1861). 

(4) INSTITUTION OF HIGHER EDUCATION.—The term ‘‘institution of higher education’’ has the meaning given such term in 

section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 

1001(a)). 

(5) STATE.—The term ‘‘State’’ means one of the several 

States, the District of Columbia, the Commonwealth of Puerto 

Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, or any other territory or possession of the United States. 

(6) UNITED STATES.—The term ‘‘United States’’ means the 

several States, the District of Columbia, the Commonwealth of 

Puerto Rico, the Virgin Islands, Guam, American Samoa, the 

Commonwealth of the Northern Mariana Islands, and any 

other territory or possession of the United States. 

SEC. 517. EXPERIMENTAL PROGRAM TO STIMULATE COMPETITIVE RESEARCH. 

[42 U.S.C. 1862p-9] 

(a) FINDINGS.—The Congress finds that— 

(1) øThe National¿ the National Science Foundation Act of 

1950 stated, ‘‘it shall be an objective of the Foundation to 

strengthen research and education in the sciences and engineering, including independent research by individuals, 

throughout the United States, and to avoid undue concentration of such research and øeducation,¿ education’’; 

(2) National Science Foundation funding remains highly concentrated, øwith 27 States and 2 jurisdictions, taken together, 

receiving only about 10 percent of all NSF research funding; 

each of these States received only a fraction of one percent of 

Foundation’s research dollars each year;¿ with 28 States and 

jurisdictions, taken together, receiving only about 12 percent of 

all National Science Foundation research funding; 

ø(3) the Nation requires the talent, expertise, and research 

capabilities of all States in order to prepare sufficient numbers 

of scientists and engineers, remain globally competitive and 

support economic development.¿ 

(3) each of the States described in paragraph (2) receives only 

a fraction of 1 percent of the Foundation’s research dollars each 

year; 

(4) first established at the National Science Foundation in 

1979, the Experimental Program to Stimulate Competitive Research (referred to in this section as ‘‘EPSCoR’’) assists States 

and jurisdictions historically underserved by Federal research 

and development funding in strengthening their research and 

innovation capabilities; 

(5) the EPSCoR structure requires each participating State to 

develop a science and technology plan suited to State and local 

research, education, and economic interests and objectives; 

(6) EPSCoR has been credited with advancing the research 

competitiveness of participating States, improving awareness of 

science, promoting policies that link scientific investment and 


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economic growth, and encouraging partnerships between government, industry, and academia; 

(7) EPSCoR proposals are evaluated through a rigorous and 

competitive merit-review process to ensure that awarded research and development efforts meet high scientific standards; 

and 

(8) according to the National Academy of Sciences, EPSCoR 

has strengthened the national research infrastructure and enhanced the educational opportunities needed to develop the 

science and engineering workforce. 

(b) CONTINUATION OF PROGRAM.—The Director shall continue to 

carry out EPSCoR, with the objective of helping the eligible States 

to develop the research infrastructure that will make them more 

competitive for Foundation and other Federal research funding. 

The program shall continue to increase as the National Science 

Foundation funding increases. 

ø(c) CONGRESSIONAL REPORTS.—The Director shall report to the 

appropriate committees of Congress on an annual basis, using the 

most recent available data— 

ø(1) the total amount made available, by State, under 

EPSCoR; 

ø(2) the amount of co-funding made available to EPSCoR 

States; 

ø(3) the total amount of National Science Foundation funding made available to all institutions and entities within 

EPSCoR States; and 

ø(4) efforts and accomplishments to more fully integrate the 

29 EPSCoR jurisdictions in major activities and initiatives of 

the Foundation.¿ 

ø(d)¿(c) COORDINATION OF EPSCOR AND SIMILAR FEDERAL PRO- GRAMS.— 

(1) ANOTHER FINDING.—The Congress finds that a number of 

Federal agencies have programs, such as øExperimental Programs to Stimulate Competitive Research¿ EPSCoR and the 

National Institutes of Health Institutional Development Award 

program, designed to increase the capacity for and quality of 

science and technology research and training at academic institutions in States that historically have received relatively little 

Federal research and development funding. 

(2) COORDINATION REQUIRED.—The EPSCoR Interagency Coordinating Committee, chaired by the National Science Foundation, shall— 

(A) coordinate øEPSCoR and Federal EPSCoR-like programs¿ each EPSCoR to maximize the impact of Federal 

support for building competitive research infrastructure, 

and in order to achieve an integrated Federal effort; 

(B) coordinate agency objectives with State and institutional goals, to obtain continued non-Federal support of 

science and technology research and training; 

(C) develop metrics to assess gains in academic research 

quality and competitiveness, and in science and technology 

human resource development; 

(D) conduct a cross-agency evaluation of øEPSCoR and 

other Federal EPSCoR-like programs¿ each EPSCoR and 

accomplishments, including management, investment, and 


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metric-measuring strategies implemented by the different 

agencies aimed to increase the number of new investigators receiving peer-reviewed funding, broaden participation, and empower knowledge generation, dissemination, 

application, and national research and development competitiveness; 

(E) coordinate the development and implementation of 

new, novel workshops, outreach activities, and follow-up 

mentoring activities among øEPSCoR or EPSCoR-like programs¿ each EPSCoR for colleges and universities in 

EPSCoR States and territories in order to increase the 

number of proposals submitted and successfully funded 

and to enhance statewide coordination of øEPSCoR and 

Federal EPSCoR-like programs¿ each EPSCoR; 

(F) coordinate the development of new, innovative solicitations and programs to facilitate collaborations, partnerships, and mentoring activities among faculty at all levels 

in non-EPSCoR and EPSCoR States and jurisdictions; 

(G) conduct an evaluation of the roles, responsibilities 

and degree of autonomy that program officers or managers 

(or the equivalent position) have in executing øEPSCoR 

programs¿ each EPSCoR at the different Federal agencies 

and the impacts these differences have on the number of 

EPSCoR State and jurisdiction faculty participating in the 

peer review process and the percentage of successful 

awards by individual EPSCoR State jurisdiction and individual researcher; and 

(H) conduct a survey of colleges and university faculty at 

all levels regarding their knowledge and understanding of 

EPSCoR, and their level of interaction with and knowledge 

about their respective State or Jurisdictional EPSCoR 

Committee. 

(3) MEETINGS AND REPORTS.—The Committee shall meet at 

least twice each fiscal year and shall submit an annual report 

to the appropriate committees of Congress describing progress 

made in carrying out paragraph (2). 

øø(e)¿(d) FEDERAL AGENCY REPORTS.—Each Federal agency that 

administers an EPSCoR or Federal EPSCoR-like program shall 

submit to the OSTP as part of its Federal budget submission— 

ø(1) a description of the program strategy and objectives; 

ø(2) a description of the awards made in the previous year, 

including— 

ø(A) the percentage of reviewers and number of new reviewers from EPSCoR States; 

ø(B) the percentage of new investigators from EPSCoR 

States; 

ø(C) the number of programs or large collaborator 

awards involving a partnership of organizations and institutions from EPSCoR and non-EPSCoR States; and 

ø(3) an analysis of the gains in academic research quality 

and competitiveness, and in science and technology human resource development, achieved by the program in the last year.¿ 

(d) FEDERAL AGENCY REPORTS.—Each Federal agency that administers an EPSCoR shall submit to Congress, as part of its Federal budget submission— 


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(1) a description of the program strategy and objectives; 

(2) a description of the awards made in the previous fiscal 

year, including— 

(A) the total amount made available, by State, under 

EPSCoR; 

(B) the total amount of agency funding made available to 

all institutions and entities within each EPSCoR State; 

(C) the efforts and accomplishments to more fully integrate the EPSCoR States in major agency activities and 

initiatives; 

(D) the percentage of EPSCoR reviewers from EPSCoR 

States; and 

(E) the number of programs or large collaborator awards 

involving a partnership of organizations and institutions 

from EPSCoR and non-EPSCoR States; and 

(3) an analysis of the gains in academic research quality and 

competitiveness, and in science and technology human resource 

development, achieved by the program over the last 5 fiscal 

years. 

ø(f)¿(e) NATIONAL ACADEMY OF SCIENCES STUDY.— 

(1) IN GENERAL.—The Director shall contract with the National Academy of Sciences to conduct a study on all Federal 

agencies that administer an øExperimental Program to Stimulate Competitive Research or a program similar to the Experimental Program to Stimulate Competitive Research¿ EPSCoR. 

(2) MATTERS TO BE ADDRESSED.—The study conducted under 

paragraph (1) shall include the following: 

(A) A delineation of the policies of each Federal agency 

with respect to the awarding of grants to EPSCoR States. 

(B) The effectiveness of each program. 

(C) Recommendations for improvements for each agency 

to achieve EPSCoR goals. 

(D) An assessment of the effectiveness of EPSCoR States 

in using awards to develop science and engineering research and education, and science and engineering infrastructure within their States. 

(E) Such other issues that address the effectiveness of 

EPSCoR as the National Academy of Sciences considers 

appropriate. 

ƒ(g)≈(f) AWARD STRUCTURE UPDATES.—In implementing the mandate to maximize the impact of Federal EPSCoR support on building competitive research infrastructure, and based on the inputs 

and recommendations of previous EPSCoR reviews, the head of 

each Federal agency administering an EPSCoR program shall— 

(1) consider modifications to EPSCoR proposal solicitation, 

award type, and project evaluation— 

(A) to more closely align with current agency priorities 

and initiatives; 

(B) to focus EPSCoR funding on achieving critical scientific, infrastructure, and educational needs of that agency; 

(C) to encourage collaboration between EPSCoR-eligible 

institutions and researchers, including with institutions 

and researchers in other States and jurisdictions; 


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(D) to improve communication between State and Federal 

agency proposal reviewers; and 

(E) to continue to reduce administrative burdens associated with EPSCoR; 

(2) consider modifications to EPSCoR award structures— 

(A) to emphasize long-term investments in building research capacity, potentially through the use of larger, renewable funding opportunities; and 

(B) to allow the agency, States, and jurisdictions to experiment with new research and development funding models; 

and 

(3) consider modifications to the mechanisms used to monitor 

and evaluate EPSCoR awards— 

(A) to increase collaboration between EPSCoR-funded researchers and agency staff, including by providing opportunities for mentoring young researchers and for the use of 

Federal facilities; 

(B) to identify and disseminate best practices; and 

(C) to harmonize metrics across participating Federal 

agencies, as appropriate. 

SEC. 526. BROADER IMPACTS REVIEW CRITERION. 

[123 Stat. 4019] 

(a) GOALS.—The Foundation shall apply a Broader Impacts Review Criterion to achieve the following goals: 

(1) Increased economic competitiveness of the United States. 

(2) Development of a globally competitive STEM workforce. 

(3) Increased participation of women and underrepresented 

minorities in STEM. 

(4) Increased partnerships between academia and industry. 

(5) Improved pre-K-12 STEM education and teacher development. 

ø(6) Improved undergraduate STEM education.¿ 

(6) Improved undergraduate STEM education and instruction. 

(7) Increased public scientific literacy. 

(8) Increased national security. 

* * * * * * * 

TITLE 10. ARMED FORCES SUBTITLE A. GENERAL MILITARY 

LAW PART III. TRAINING AND EDUCATION CHAPTER 111. 

SUPPORT OF SCIENCE, MATHEMATICS, AND ENGINEERING EDUCATION 

§ 2199. Definitions 

In this chapter: 

(1) The term ‘‘defense laboratory’’ means a laboratory operated by the Department of Defense or owned by the Department of Defense and operated by a contractor or a facility of 

a Defense Agency at which research and development activities 

are conducted. 

(2) The term ‘‘institution of higher education’’ has the meaning given such term in section 101 of the Higher Education Act 

of 1965. 


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(3) The term ‘‘regional center for the transfer of manufacturing technology’’ means a øregional center¿ manufacturing 

extension center for the transfer of manufacturing technology 

and best practices referred to in section ø25(a)¿ 25(b) of the 

National Institute of Standards and Technology Act (15 U.S.C. 

278k). 

TITLE 51. NATIONAL AND COMMERCIAL SPACE PROGRAMS 

SUBTITLE IV. AERONAUTICS AND SPACE RESEARCH AND 

EDUCATION CHAPTER 403. NATIONAL SPACE GRANT COLLEGE AND FELLOWSHIP PROGRAM 

§ 40303. National space grant college and fellowship program 

(a) ESTABLISHMENT.—The Administrator shall establish and 

maintain, within the Administration, a program to be known as the 

national space grant college and fellowship program. The national 

space grant college and fellowship program shall consist of the financial assistance and other activities provided for in this chapter. 

The Administrator shall establish long-range planning guidelines 

and priorities, and adequately evaluate the program. 

(b) FUNCTIONS.—Within the Administration, the program shall— 

(1) apply the long-range planning guidelines and the priorities established by the Administrator under subsection (a); 

(2) advise the Administrator with respect to the expertise 

and capabilities which are available through the national space 

grant college and fellowship program, and make such expertise 

available to the Administration as directed by the Administrator; 

(3) evaluate activities conducted under grants and contracts 

awarded pursuant to sections 40304 and 40305 of this title to 

ensure that the purposes set forth in section 40301 of this title 

are implemented; 

(4) encourage other Federal departments, agencies, and instrumentalities to use and take advantage of the expertise and 

capabilities which are available through the national space 

grant college and fellowship program, on a cooperative or other 

basis; 

(5) encourage cooperation and coordination with other Federal programs concerned with the development of space resources and fields related to space; 

(6) advise the Administrator on the designation of recipients 

supported by the national space grant college and fellowship 

program and, in appropriate cases, on the termination or suspension of any such designation; and 

(7) encourage the formation and growth of space grant and 

fellowship programs. 

(c) GENERAL AUTHORITIES.—To carry out the provisions of this 

chapter, the Administrator may— 

(1) accept conditional or unconditional gifts or donations of 

services, money, or property, real, personal or mixed, tangible 

or intangible; 

(2) accept and use funds from other Federal departments, 

agencies, and instrumentalities to pay for fellowships, grants, 

contracts, and other transactions; and 


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(3) issue such rules and regulations as may be necessary and 

appropriate. 

(d) PROGRAM ADMINISTRATION COSTS.—In carrying out the provisions of this chapter, the Administrator— 

(1) shall maximize appropriated funds for grants and contracts made under section 40304 in each fiscal year; and 

(2) in each fiscal year, the Administrator shall limit its program administration costs to no more than 5 percent of funds 

appropriated for this program for that fiscal year. 

(e) REPORTS.—For any fiscal year in which the Administrator 

cannot meet the administration cost target under subsection (d)(2), 

if the Administration is unable to limit program costs under subsection (b), the Administrator shall submit to the appropriate committees of Congress a report, including— 

(1) a description of why the Administrator did not meet the 

cost target under subsection (d); and 

(2) the measures the Administrator will take in the next fiscal 

year to meet the cost target under subsection (d) without drawing upon other Federal funding. 

Æ 


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