IB 

Union Calendar No. 271 

111TH CONGRESS 

2D SESSION H. R. 5116 

[Report No. 111–478, Part I] 

To invest in innovation through research and development, to improve the 

competitiveness of the United States, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 22, 2010 

Mr. GORDON of Tennessee introduced the following bill; which was referred 

to the Committee on Science and Technology, and in addition to the 

Committee on Education and Labor, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions 

as fall within the jurisdiction of the committee concerned 

MAY 7, 2010 

Additional sponsors: Mr. EHLERS, Mr. LIPINSKI, Mr. CARNAHAN, Ms. EDDIE

BERNICE JOHNSON of Texas, Ms. GIFFORDS, Mr. GARAMENDI, Ms. 

FUDGE, Mr. TONKO, Mr. BAIRD, Mr. WILSON of Ohio, Mr. MAFFEI, Mr. 

MARKEY of Massachusetts, Mr. ROTHMAN of New Jersey, Mr. INSLEE, 

Ms. WOOLSEY, Mrs. DAHLKEMPER, Ms. RICHARDSON, Mr. HOLT, Mr. 

MILLER of North Carolina, Mr. WU, Ms. EDWARDS of Maryland, Mr. 

COSTELLO, Ms. ESHOO, Mr. PERRIELLO, Ms. KOSMAS, Mr. ALTMIRE, 

Mr. MITCHELL, Mr. SALAZAR, Mr. BISHOP of Georgia, Mr. MINNICK, 

Mr. SPACE, Mr. MOORE of Kansas, Mr. ELLSWORTH, Mr. ARCURI, Mr. 

BARROW, Mr. SHULER, Mr. BOYD, Mr. HOYER, Mr. MCNERNEY, Ms. 

ZOE LOFGREN of California, Mr. GEORGE MILLER of California, Mr. 

LUJA ́N, Mr. MATHESON, Mr. HINOJOSA, Mr. CHANDLER, Ms. HARMAN, 

Mr. MORAN of Virginia, Mr. REYES, Mr. MICHAUD, Mr. SCHIFF, Mr. 

MEEK of Florida, Mr. SCHAUER, Mr. CARNEY, Ms. TSONGAS, Mr. MARSHALL, Mr. YARMUTH, Mr. LANGEVIN, Mr. CAPUANO, Mr. HEINRICH, 

Ms. PINGREE of Maine, Mr. HILL, Mr. HARE, Mr. DINGELL, Mr. 

THOMPSON of California, Ms. CHU, Mr. GRAYSON, Mr. KIND, Mr. VAN

HOLLEN, Mr. DAVIS of Tennessee, Mr. PETERS, Mr. MURPHY of New 

York, Ms. CASTOR of Florida, Mrs. HALVORSON, Ms. SHEA-PORTER, Ms. 

KILROY, Ms. CLARKE, Mr. CLYBURN, Ms. TITUS, Mr. COURTNEY, Mr. 

HALL of New York, Mr. TIERNEY, Ms. HIRONO, Mr. CONNOLLY of VirVerDate Mar 15 2010 23:38 May 07, 2010 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H5116.RH H5116

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ginia, Mr. HOLDEN, Mr. FOSTER, Ms. DELAURO, Mr. MCGOVERN, Mr. 

PATRICK J. MURPHY of Pennsylvania, Mr. KRATOVIL, Mr. DONNELLY of 

Indiana, Mr. QUIGLEY, Mrs. BIGGERT, Mr. KLEIN of Florida, Mr. ROSS, 

Mr. LARSON of Connecticut, Ms. SUTTON, Mr. ELLISON, Mr. DEUTCH, 

Mr. SCHRADER, Mr. BOCCIERI, and Ms. MARKEY of Colorado 

MAY 7, 2010 

Reported from the Committee on Science and Technology with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on April 22, 2010] 

MAY 7, 2010 

Committee on Education and Labor discharged; committed to the Committee 

of the Whole House on the State of the Union and ordered to be printed 

A BILL 

To invest in innovation through research and development, 

to improve the competitiveness of the United States, 

and for other purposes. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘America COMPETES Reauthorization Act of 2010’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—SCIENCE AND TECHNOLOGY POLICY 

Subtitle A—National Nanotechnology Initiative Amendments 

Sec. 101. Short title. 

Sec. 102. National nanotechnology program amendments. 

Sec. 103. Societal dimensions of nanotechnology. 

Sec. 104. Technology transfer. 

Sec. 105. Research in areas of national importance. 

Sec. 106. Nanomanufacturing research. 

Sec. 107. Definitions. 

Subtitle B—Networking and Information Technology Research and Development 

Sec. 111. Short title. 

Sec. 112. Program planning and coordination. 

Sec. 113. Large-scale research in areas of national importance. 

Sec. 114. Cyber-physical systems and information management. 

Sec. 115. National Coordination Office. 

Sec. 116. Improving networking and information technology education. 

Sec. 117. Conforming and technical amendments. 

Subtitle C—Other OSTP Provisions 

Sec. 121. Federal scientific collections. 

Sec. 122. Coordination of manufacturing research and development. 

Sec. 123. Interagency public access committee. 

Sec. 124. Fulfilling the potential of women in academic science and engineering. 

TITLE II—NATIONAL SCIENCE FOUNDATION 

Sec. 201. Short title. 

Subtitle A—General Provisions 

Sec. 211. Definitions. 

Sec. 212. Authorization of appropriations. 

Sec. 213. National Science Board administrative amendments. 

Sec. 214. Broader impacts review criterion. 

Sec. 215. National Center for Science and Engineering Statistics. 


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Sec. 216. Collection of data on demographics of faculty. 

Subtitle B—Research and Innovation 

Sec. 221. Support for potentially transformative research. 

Sec. 222. Facilitating interdisciplinary collaborations for national needs. 

Sec. 223. National Science Foundation manufacturing research and education. 

Sec. 224. Strengthening institutional research partnerships. 

Sec. 225. National Science Board report on mid-scale instrumentation. 

Sec. 226. Sense of Congress on overall support for research infrastructure at the 

Foundation. 

Sec. 227. Partnerships for innovation. 

Sec. 228. Prize awards. 

Subtitle C—STEM Education and Workforce Training 

Sec. 241. Graduate student support. 

Sec. 242. Postdoctoral fellowship in STEM education research. 

Sec. 243. Robert Noyce teacher scholarship program. 

Sec. 244. Institutions serving persons with disabilities. 

Sec. 245. Institutional integration. 

Sec. 246. Postdoctoral research fellowships. 

Sec. 247. Broadening participation training and outreach. 

Sec. 248. Transforming undergraduate education in STEM. 

Sec. 249. 21st century graduate education. 

Sec. 250. Undergraduate broadening participation program. 

Sec. 251. Grand challenges in education research. 

Sec. 252. Research experiences for undergraduates. 

Sec. 253. Laboratory science pilot program. 

Sec. 254. STEM industry internship programs. 

Sec. 255. Tribal colleges and universities program. 

TITLE III—STEM EDUCATION 

Sec. 301. Coordination of Federal STEM education. 

Sec. 302. Advisory committee on STEM education. 

Sec. 303. STEM education at the Department of Energy. 

Sec. 304. Green energy education. 

TITLE IV—NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY 

Sec. 401. Short title. 

Sec. 402. Authorization of appropriations. 

Sec. 403. Under Secretary of Commerce for Standards and Technology. 

Sec. 404. Reorganization of NIST laboratories. 

Sec. 405. Federal Government standards and conformity assessment coordination. 

Sec. 406. Manufacturing extension partnership. 

Sec. 407. Bioscience research program. 

Sec. 408. Emergency communication and tracking technologies research initiative. 

Sec. 409. TIP Advisory Board. 

Sec. 410. Underrepresented minorities. 

Sec. 411. Cyber security standards and guidelines. 

Sec. 412. Definitions. 


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TITLE V—INNOVATION 

Sec. 501. Office of Innovation and Entrepreneurship. 

Sec. 502. Federal loan guarantees for innovative technologies in manufacturing. 

Sec. 503. Regional innovation program. 

TITLE VI—DEPARTMENT OF ENERGY 

Subtitle A—Office of Science 

Sec. 601. Short title. 

Sec. 602. Definitions. 

Sec. 603. Mission of the Office of Science. 

Sec. 604. Basic Energy Sciences Program. 

Sec. 605. Biological and Environmental Research Program. 

Sec. 606. Advanced Scientific Computing Research Program. 

Sec. 607. Fusion energy research program. 

Sec. 608. High Energy Physics Program. 

Sec. 609. Nuclear Physics Program. 

Sec. 610. Science Laboratories Infrastructure Program. 

Sec. 611. Authorization of appropriations. 

Subtitle B—Advanced Research Projects Agency-Energy 

Sec. 621. Short title. 

Sec. 622. ARPA-E amendments. 

Subtitle C—Energy Innovation Hubs 

Sec. 631. Short title. 

Sec. 632. Energy Innovation Hubs. 

Subtitle D—Cooperative Research and Development Fund 

Sec. 641. Short title. 

Sec. 642. Cooperative research and development fund. 

TITLE VII—MISCELLANEOUS 

Sec. 701. Sense of Congress. 

Sec. 702. Persons with disabilities. 

Sec. 703. Veterans and service members. 

1 TITLE I—SCIENCE AND 

2 TECHNOLOGY POLICY 

3 Subtitle A—National Nanotechnol4 ogy Initiative Amendments 

5 SEC. 101. SHORT TITLE. 

6 This subtitle may be cited as the ‘‘National Nanotech7 nology Initiative Amendments Act of 2010’’. 


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1 SEC. 102. NATIONAL NANOTECHNOLOGY PROGRAM AMEND2 MENTS. 

3 The 21st Century Nanotechnology Research and Devel4 opment Act (15 U.S.C. 7501 et seq.) is amended— 

5 (1) by striking section 2(c)(4) and inserting the 

6 following new paragraph: 

7 ‘‘(4) develop, within 12 months after the date of 

8 enactment of the National Nanotechnology Initiative 

9 Amendments Act of 2010, and update every 3 years 

10 thereafter, a strategic plan to guide the activities de11 scribed under subsection (b) that specifies near-term 

12 and long-term objectives for the Program, the antici13 pated time frame for achieving the near-term objec14 tives, and the metrics to be used for assessing progress 

15 toward the objectives, and that describes— 

16 ‘‘(A) how the Program will move results out 

17 of the laboratory and into applications for the 

18 benefit of society, including through cooperation 

19 and collaborations with nanotechnology research, 

20 development, and technology transition initia21 tives supported by the States; 

22 ‘‘(B) how the Program will encourage and 

23 support interdisciplinary research and develop24 ment in nanotechnology; and 

25 ‘‘(C) proposed research in areas of national 

26 importance in accordance with the requirements 


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1 of section 105 of the National Nanotechnology 

2 Initiative Amendments Act of 2010;’’; 

3 (2) in section 2— 

4 (A) in subsection (d)— 

5 (i) by redesignating paragraphs (1) 

6 through (5) as paragraphs (2) through (6), 

7 respectively; and 

8 (ii) by inserting the following new 

9 paragraph before paragraph (2), as so re10 designated by clause (i) of this subpara11 graph: 

12 ‘‘(1) the Program budget, for the previous fiscal 

13 year, for each agency that participates in the Pro14 gram, including a breakout of spending for the devel15 opment and acquisition of research facilities and in16 strumentation, for each program component area, and 

17 for all activities pursuant to subsection (b)(10);’’; and 

18 (B) by inserting at the end the following 

19 new subsection: 

20 ‘‘(e) STANDARDS SETTING.—The agencies partici21 pating in the Program shall support the activities of com22 mittees involved in the development of standards for nano23 technology and may reimburse the travel costs of scientists 

24 and engineers who participate in activities of such commit25 tees.’’; 


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1 (3) by striking section 3(b) and inserting the fol2 lowing new subsection: 

3 ‘‘(b) FUNDING.—(1) The operation of the National 

4 Nanotechnology Coordination Office shall be supported by 

5 funds from each agency participating in the Program. The 

6 portion of such Office’s total budget provided by each agen7 cy for each fiscal year shall be in the same proportion as 

8 the agency’s share of the total budget for the Program for 

9 the previous fiscal year, as specified in the report required 

10 under section 2(d)(1). 

11 ‘‘(2) The annual report under section 2(d) shall in12 clude— 

13 ‘‘(A) a description of the funding required by the 

14 National Nanotechnology Coordination Office to per15 form the functions specified under subsection (a) for 

16 the next fiscal year by category of activity, including 

17 the funding required to carry out the requirements of 

18 section 2(b)(10)(D), subsection (d) of this section, and 

19 section 5; 

20 ‘‘(B) a description of the funding required by 

21 such Office to perform the functions specified under 

22 subsection (a) for the current fiscal year by category 

23 of activity, including the funding required to carry 

24 out the requirements of subsection (d); and 


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1 ‘‘(C) the amount of funding provided for such 

2 Office for the current fiscal year by each agency par3 ticipating in the Program.’’; 

4 (4) by inserting at the end of section 3 the fol5 lowing new subsection: 

6 ‘‘(d) PUBLIC INFORMATION.—(1) The National Nano7 technology Coordination Office shall develop and maintain 

8 a database accessible by the public of projects funded under 

9 the Environmental, Health, and Safety, the Education and 

10 Societal Dimensions, and the Nanomanufacturing program 

11 component areas, or any successor program component 

12 areas, including a description of each project, its source of 

13 funding by agency, and its funding history. For the Envi14 ronmental, Health, and Safety program component area, 

15 or any successor program component area, projects shall be 

16 grouped by major objective as defined by the research plan 

17 required under section 103(b) of the National Nanotechnol18 ogy Initiative Amendments Act of 2010. For the Education 

19 and Societal Dimensions program component area, or any 

20 successor program component area, the projects shall be 

21 grouped in subcategories of— 

22 ‘‘(A) education in formal settings; 

23 ‘‘(B) education in informal settings; 

24 ‘‘(C) public outreach; and 

25 ‘‘(D) ethical, legal, and other societal issues. 


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1 ‘‘(2) The National Nanotechnology Coordination Office 

2 shall develop, maintain, and publicize information on 

3 nanotechnology facilities supported under the Program, and 

4 may include information on nanotechnology facilities sup5 ported by the States, that are accessible for use by individ6 uals from academic institutions and from industry. The in7 formation shall include at a minimum the terms and condi8 tions for the use of each facility, a description of the capa9 bilities of the instruments and equipment available for use 

10 at the facility, and a description of the technical support 

11 available to assist users of the facility.’’; 

12 (5) in section 4(a)— 

13 (A) by striking ‘‘or designate’’; 

14 (B) by inserting ‘‘as a distinct entity’’ after 

15 ‘‘Advisory Panel’’; and 

16 (C) by inserting at the end ‘‘The Advisory 

17 Panel shall form a subpanel with membership 

18 having specific qualifications tailored to enable 

19 it to carry out the requirements of subsection 

20 (c)(7).’’; 

21 (6) in section 4(b)— 

22 (A) by striking ‘‘or designated’’ and ‘‘or 

23 designating’’; and 

24 (B) by adding at the end the following: ‘‘At 

25 least one member of the Advisory Panel shall be 


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1 an individual employed by and representing a 

2 minority-serving institution.’’; 

3 (7) by amending section 5 to read as follows: 

4 ‘‘SEC. 5. TRIENNIAL EXTERNAL REVIEW OF THE NATIONAL 

5 NANOTECHNOLOGY PROGRAM. 

6 ‘‘(a) IN GENERAL.—The Director of the National 

7 Nanotechnology Coordination Office shall enter into an ar8 rangement with the National Research Council of the Na9 tional Academy of Sciences to conduct a triennial review 

10 of the Program. The Director shall ensure that the arrange11 ment with the National Research Council is concluded in 

12 order to allow sufficient time for the reporting requirements 

13 of subsection (b) to be satisfied. Each triennial review shall 

14 include an evaluation of the— 

15 ‘‘(1) research priorities and technical content of 

16 the Program, including whether the allocation of 

17 funding among program component areas, as des18 ignated according to section 2(c)(2), is appropriate; 

19 ‘‘(2) effectiveness of the Program’s management 

20 and coordination across agencies and disciplines, in21 cluding an assessment of the effectiveness of the Na22 tional Nanotechnology Coordination Office; 

23 ‘‘(3) Program’s scientific and technological ac24 complishments and its success in transferring tech25 nology to the private sector; and 


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1 ‘‘(4) adequacy of the Program’s activities ad2 dressing ethical, legal, environmental, and other ap3 propriate societal concerns, including human health 

4 concerns. 

5 ‘‘(b) EVALUATION TO BE TRANSMITTED TO CON6 GRESS.—The National Research Council shall document the 

7 results of each triennial review carried out in accordance 

8 with subsection (a) in a report that includes any rec9 ommendations for ways to improve the Program’s manage10 ment and coordination processes and for changes to the Pro11 gram’s objectives, funding priorities, and technical content. 

12 Each report shall be submitted to the Director of the Na13 tional Nanotechnology Coordination Office, who shall trans14 mit it to the Advisory Panel, the Committee on Commerce, 

15 Science, and Transportation of the Senate, and the Com16 mittee on Science and Technology of the House of Rep17 resentatives not later than September 30 of every third year, 

18 with the first report due September 30, 2010. 

19 ‘‘(c) FUNDING.—Of the amounts provided in accord20 ance with section 3(b)(1), the following amounts shall be 

21 available to carry out this section: 

22 ‘‘(1) $500,000 for fiscal year 2010. 

23 ‘‘(2) $500,000 for fiscal year 2011. 

24 ‘‘(3) $500,000 for fiscal year 2012.’’; and 

25 (8) in section 10— 


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1 (A) by amending paragraph (2) to read as 

2 follows: 

3 ‘‘(2) NANOTECHNOLOGY.—The term ‘nanotech4 nology’ means the science and technology that will en5 able one to understand, measure, manipulate, and 

6 manufacture at the nanoscale, aimed at creating ma7 terials, devices, and systems with fundamentally new 

8 properties or functions.’’; and 

9 (B) by adding at the end the following new 

10 paragraph: 

11 ‘‘(7) NANOSCALE.—The term ‘nanoscale’ means 

12 one or more dimensions of between approximately 1 

13 and 100 nanometers.’’. 

14 SEC. 103. SOCIETAL DIMENSIONS OF NANOTECHNOLOGY. 

15 (a) COORDINATOR FOR SOCIETAL DIMENSIONS OF

16 NANOTECHNOLOGY.—The Director of the Office of Science 

17 and Technology Policy shall designate an associate director 

18 of the Office of Science and Technology Policy as the Coor19 dinator for Societal Dimensions of Nanotechnology. The Co20 ordinator shall be responsible for oversight of the coordina21 tion, planning, and budget prioritization of activities re22 quired by section 2(b)(10) of the 21st Century Nanotechnol23 ogy Research and Development Act (15 U.S.C. 

24 7501(b)(10)). The Coordinator shall, with the assistance of 

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1 ties within the Environmental, Health, and Safety and the 

2 Education and Societal Dimensions program component 

3 areas of the Program, or any successor program component 

4 areas, ensure that the requirements of such section 2(b)(10) 

5 are satisfied. The responsibilities of the Coordinator shall 

6 include— 

7 (1) ensuring that a research plan for the envi8 ronmental, health, and safety research activities re9 quired under subsection (b) is developed, updated, and 

10 implemented and that the plan is responsive to the 

11 recommendations of the subpanel of the Advisory 

12 Panel established under section 4(a) of the 21st Cen13 tury Nanotechnology Research and Development Act 

14 (15 U.S.C. 7503(a)), as amended by this subtitle; 

15 (2) encouraging and monitoring the efforts of the 

16 agencies participating in the Program to allocate the 

17 level of resources and management attention necessary 

18 to ensure that the ethical, legal, environmental, and 

19 other appropriate societal concerns related to nano20 technology, including human health concerns, are ad21 dressed under the Program, including the implemen22 tation of the research plan described in subsection (b); 

23 and 

24 (3) encouraging the agencies required to develop 

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1 sess, and implement suitable mechanisms for the es2 tablishment of public-private partnerships for support 

3 of environmental, health, and safety research. 

4 (b) RESEARCH PLAN.— 

5 (1) IN GENERAL.—The Coordinator for Societal 

6 Dimensions of Nanotechnology shall convene and 

7 chair a panel comprised of representatives from the 

8 agencies funding research activities under the Envi9 ronmental, Health, and Safety program component 

10 area of the Program, or any successor program com11 ponent area, and from such other agencies as the Co12 ordinator considers necessary to develop, periodically 

13 update, and coordinate the implementation of a re14 search plan for this program component area. In de15 veloping and updating the plan, the panel convened 

16 by the Coordinator shall solicit and be responsive to 

17 recommendations and advice from— 

18 (A) the subpanel of the Advisory Panel es19 tablished under section 4(a) of the 21st Century 

20 Nanotechnology Research and Development Act 

21 (15 U.S.C. 7503(a)), as amended by this subtitle; 

22 and 

23 (B) the agencies responsible for environ24 mental, health, and safety regulations associated 


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1 with the production, use, and disposal of 

2 nanoscale materials and products. 

3 (2) DEVELOPMENT OF STANDARDS.—The plan 

4 required under paragraph (1) shall include a descrip5 tion of how the Program will help to ensure the devel6 opment of— 

7 (A) standards related to nomenclature asso8 ciated with engineered nanoscale materials; 

9 (B) engineered nanoscale standard reference 

10 materials for environmental, health, and safety 

11 testing; and 

12 (C) standards related to methods and proce13 dures for detecting, measuring, monitoring, sam14 pling, and testing engineered nanoscale mate15 rials for environmental, health, and safety im16 pacts. 

17 (3) COMPONENTS OF PLAN.—The plan required 

18 under paragraph (1) shall, with respect to activities 

19 described in paragraphs (1) and (2)— 

20 (A) specify near-term research objectives 

21 and long-term research objectives; 

22 (B) specify milestones associated with each 

23 near-term objective and the estimated time and 

24 resources required to reach each milestone; 


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1 (C) with respect to subparagraphs (A) and 

2 (B), describe the role of each agency carrying out 

3 or sponsoring research in order to meet the objec4 tives specified under subparagraph (A) and to 

5 achieve the milestones specified under subpara6 graph (B); 

7 (D) specify the funding allocated to each 

8 major objective of the plan and the source of 

9 funding by agency for the current fiscal year; 

10 and 

11 (E) estimate the funding required for each 

12 major objective of the plan and the source of 

13 funding by agency for the following 3 fiscal 

14 years. 

15 (4) TRANSMITTAL TO CONGRESS.—The plan re16 quired under paragraph (1) shall be submitted not 

17 later than 60 days after the date of enactment of this 

18 Act to the Committee on Commerce, Science, and 

19 Transportation of the Senate and the Committee on 

20 Science and Technology of the House of Representa21 tives. 

22 (5) UPDATING AND APPENDING TO REPORT.— 

23 The plan required under paragraph (1) shall be up24 dated annually and appended to the report required 

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1 ogy Research and Development Act (15 U.S.C. 

2 7501(d)). 

3 (c) NANOTECHNOLOGY PARTNERSHIPS.— 

4 (1) ESTABLISHMENT.—As part of the program 

5 authorized by section 9 of the National Science Foun6 dation Authorization Act of 2002, the Director of the 

7 National Science Foundation shall provide 1 or more 

8 grants to establish partnerships as defined by sub9 section (a)(2) of that section, except that each such 

10 partnership shall include 1 or more businesses en11 gaged in the production of nanoscale materials, prod12 ucts, or devices. Partnerships established in accord13 ance with this subsection shall be designated as 

14 ‘‘Nanotechnology Education Partnerships’’. 

15 (2) PURPOSE.—Nanotechnology Education Part16 nerships shall be designed to recruit and help prepare 

17 secondary school students to pursue postsecondary 

18 level courses of instruction in nanotechnology. At a 

19 minimum, grants shall be used to support— 

20 (A) professional development activities to 

21 enable secondary school teachers to use curricular 

22 materials incorporating nanotechnology and to 

23 inform teachers about career possibilities for stu24 dents in nanotechnology; 


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1 (B) enrichment programs for students, in2 cluding access to nanotechnology facilities and 

3 equipment at partner institutions, to increase 

4 their understanding of nanoscale science and 

5 technology and to inform them about career pos6 sibilities in nanotechnology as scientists, engi7 neers, and technicians; and 

8 (C) identification of appropriate nanotech9 nology educational materials and incorporation 

10 of nanotechnology into the curriculum for sec11 ondary school students at one or more organiza12 tions participating in a Partnership. 

13 (3) SELECTION.—Grants under this subsection 

14 shall be awarded in accordance with subsection (b) of 

15 such section 9, except that paragraph (3)(B) of that 

16 subsection shall not apply. 

17 (d) UNDERGRADUATE EDUCATION PROGRAMS.— 

18 (1) ACTIVITIES SUPPORTED.—As part of the ac19 tivities included under the Education and Societal 

20 Dimensions program component area, or any suc21 cessor program component area, the Program shall 

22 support efforts to introduce nanoscale science, engi23 neering, and technology into undergraduate science 

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1 disciplinary approaches. Activities supported may in2 clude— 

3 (A) development of courses of instruction or 

4 modules to existing courses; 

5 (B) faculty professional development; and 

6 (C) acquisition of equipment and instru7 mentation suitable for undergraduate education 

8 and research in nanotechnology. 

9 (2) COURSE, CURRICULUM, AND LABORATORY IM10 PROVEMENT AUTHORIZATION.—There are authorized 

11 to be appropriated to the Director of the National 

12 Science Foundation to carry out activities described 

13 in paragraph (1) through the Course, Curriculum, 

14 and Laboratory Improvement program from amounts 

15 authorized under section 7002(c)(2)(B) of the America 

16 COMPETES Act, $5,000,000 for fiscal year 2010. 

17 (3) ADVANCED TECHNOLOGY EDUCATION AU18 THORIZATION.—There are authorized to be appro19 priated to the Director of the National Science Foun20 dation to carry out activities described in paragraph 

21 (1) through the Advanced Technology Education pro22 gram from amounts authorized under section 

23 7002(c)(2)(B) of the America COMPETES Act, 

24 $5,000,000 for fiscal year 2010. 


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1 (e) INTERAGENCY WORKING GROUP.—The National 

2 Science and Technology Council shall establish under the 

3 Nanoscale Science, Engineering, and Technology Sub4 committee an Education Working Group to coordinate, 

5 prioritize, and plan the educational activities supported 

6 under the Program. 

7 (f) SOCIETAL DIMENSIONS IN NANOTECHNOLOGY EDU8 CATION ACTIVITIES.—Activities supported under the Edu9 cation and Societal Dimensions program component area, 

10 or any successor program component area, that involve in11 formal, precollege, or undergraduate nanotechnology edu12 cation shall include education regarding the environmental, 

13 health and safety, and other societal aspects of nanotechnol14 ogy. 

15 (g) REMOTE ACCESS TO NANOTECHNOLOGY FACILI16 TIES.—(1) Agencies supporting nanotechnology research fa17 cilities as part of the Program shall require the entities that 

18 operate such facilities to allow access via the Internet, and 

19 support the costs associated with the provision of such ac20 cess, by secondary school students and teachers, to instru21 ments and equipment within such facilities for educational 

22 purposes. The agencies may waive this requirement for 

23 cases when particular facilities would be inappropriate for 

24 educational purposes or the costs for providing such access 

25 would be prohibitive. 


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1 (2) The agencies identified in paragraph (1) shall re2 quire the entities that operate such nanotechnology research 

3 facilities to establish and publish procedures, guidelines, 

4 and conditions for the submission and approval of applica5 tions for the use of the facilities for the purpose identified 

6 in paragraph (1) and shall authorize personnel who operate 

7 the facilities to provide necessary technical support to stu8 dents and teachers. 

9 SEC. 104. TECHNOLOGY TRANSFER. 

10 (a) PROTOTYPING.— 

11 (1) ACCESS TO FACILITIES.—In accordance with 

12 section 2(b)(7) of 21st Century Nanotechnology Re13 search and Development Act (15 U.S.C. 7501(b)(7)), 

14 the agencies supporting nanotechnology research fa15 cilities as part of the Program shall provide access to 

16 such facilities to companies for the purpose of assist17 ing the companies in the development of prototypes of 

18 nanoscale products, devices, or processes (or products, 

19 devices, or processes enabled by nanotechnology) for 

20 determining proof of concept. The agencies shall pub21 licize the availability of these facilities and encourage 

22 their use by companies as provided for in this section. 

23 (2) PROCEDURES.—The agencies identified in 

24 paragraph (1)— 


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1 (A) shall establish and publish procedures, 

2 guidelines, and conditions for the submission 

3 and approval of applications for use of nanotech4 nology facilities; 

5 (B) shall publish descriptions of the capa6 bilities of facilities available for use under this 

7 subsection, including the availability of technical 

8 support; and 

9 (C) may waive recovery, require full recov10 ery, or require partial recovery of the costs asso11 ciated with use of the facilities for projects under 

12 this subsection. 

13 (3) SELECTION AND CRITERIA.—In cases when 

14 less than full cost recovery is required pursuant to 

15 paragraph (2)(C), projects provided access to nano16 technology facilities in accordance with this sub17 section shall be selected through a competitive, merit18 based process, and the criteria for the selection of such 

19 projects shall include at a minimum— 

20 (A) the readiness of the project for tech21 nology demonstration; 

22 (B) evidence of a commitment by the appli23 cant for further development of the project to full 

24 commercialization if the proof of concept is es25 tablished by the prototype; and 


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1 (C) evidence of the potential for further 

2 funding from private sector sources following the 

3 successful demonstration of proof of concept. 

4 The agencies may give special consideration in select5 ing projects to applications that are relevant to im6 portant national needs or requirements. 

7 (b) USE OF EXISTING TECHNOLOGY TRANSFER PRO8 GRAMS.— 

9 (1) PARTICIPATING AGENCIES.—Each agency 

10 participating in the Program shall— 

11 (A) encourage the submission of applica12 tions for support of nanotechnology related 

13 projects to the Small Business Innovation Re14 search Program and the Small Business Tech15 nology Transfer Program administered by such 

16 agencies; and 

17 (B) through the National Nanotechnology 

18 Coordination Office and within 6 months after 

19 the date of enactment of this Act, submit to the 

20 Committee on Commerce, Science, and Transpor21 tation of the Senate and the Committee on 

22 Science and Technology of the House of Rep23 resentatives— 

24 (i) the plan described in section 2(c)(7) 

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1 search and Development Act (15 U.S.C. 

2 7501(c)(7)); and 

3 (ii) a report specifying, if the agency 

4 administers a Small Business Innovation 

5 Research Program and a Small Business 

6 Technology Transfer Program— 

7 (I) the number of proposals re8 ceived for nanotechnology related 

9 projects during the current fiscal year 

10 and the previous 2 fiscal years; 

11 (II) the number of such proposals 

12 funded in each year; 

13 (III) the total number of nano14 technology related projects funded and 

15 the amount of funding provided for fis16 cal year 2004 through fiscal year 2008; 

17 and 

18 (IV) a description of the projects 

19 identified in accordance with subclause 

20 (III) which received private sector 

21 funding beyond the period of phase II 

22 support. 

23 (2) NATIONAL INSTITUTE OF STANDARDS AND

24 TECHNOLOGY.—The Director of the National Institute 

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1 quirements of section 28 of the National Institute of 

2 Standards and Technology Act (15 U.S.C. 278n) 

3 shall— 

4 (A) in regard to subsection (d) of that sec5 tion, encourage the submission of proposals for 

6 support of nanotechnology related projects; and 

7 (B) in regard to subsection (g) of that sec8 tion, include a description of how the require9 ment of subparagraph (A) of this paragraph is 

10 being met, the number of proposals for nanotech11 nology related projects received, the number of 

12 such proposals funded, the total number of such 

13 projects funded since the beginning of the Tech14 nology Innovation Program, and the outcomes of 

15 such funded projects in terms of the metrics de16 veloped in accordance with such subsection (g). 

17 (3) TIP ADVISORY BOARD.—The TIP Advisory 

18 Board established under section 28(k) of the National 

19 Institute of Standards and Technology Act (15 U.S.C. 

20 278n(k)), in carrying out its responsibilities under 

21 subsection (k)(3), shall provide the Director of the Na22 tional Institute of Standards and Technology with— 

23 (A) advice on how to accomplish the re24 quirement of paragraph (2)(A) of this subsection; 

25 and 


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1 (B) an assessment of the adequacy of the al2 location of resources for nanotechnology related 

3 projects supported under the Technology Innova4 tion Program. 

5 (c) INDUSTRY LIAISON GROUPS.—An objective of the 

6 Program shall be to establish industry liaison groups for 

7 all industry sectors that would benefit from applications of 

8 nanotechnology. The Nanomanufacturing, Industry Liai9 son, and Innovation Working Group of the National Science 

10 and Technology Council shall actively pursue establishing 

11 such liaison groups. 

12 (d) COORDINATION WITH STATE INITIATIVES.—Sec13 tion 2(b)(5) of the 21st Century Nanotechnology Research 

14 and Development Act (15 U.S.C. 7501(b)(5)) is amended 

15 to read as follows: 

16 ‘‘(5) ensuring United States global leadership in 

17 the development and application of nanotechnology, 

18 including through coordination and leveraging Fed19 eral investments with nanotechnology research, devel20 opment, and technology transition initiatives sup21 ported by the States;’’. 

22 SEC. 105. RESEARCH IN AREAS OF NATIONAL IMPORTANCE. 

23 (a) IN GENERAL.—The Program shall include support 

24 for nanotechnology research and development activities di25 rected toward application areas that have the potential for 


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1 significant contributions to national economic competitive2 ness and for other significant societal benefits. The activities 

3 supported shall be designed to advance the development of 

4 research discoveries by demonstrating technical solutions to 

5 important problems in such areas as nano-electronics, en6 ergy efficiency, health care, and water remediation and pu7 rification. The Advisory Panel shall make recommendations 

8 to the Program for candidate research and development 

9 areas for support under this section. 

10 (b) CHARACTERISTICS.— 

11 (1) IN GENERAL.—Research and development ac12 tivities under this section shall— 

13 (A) include projects selected on the basis of 

14 applications for support through a competitive, 

15 merit-based process; 

16 (B) involve collaborations among research17 ers in academic institutions and industry, and 

18 may involve nonprofit research institutions and 

19 Federal laboratories, as appropriate; 

20 (C) when possible, leverage Federal invest21 ments through collaboration with related State 

22 initiatives; and 

23 (D) include a plan for fostering the transfer 

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1 nology demonstration activities to industry for 

2 commercial development. 

3 (2) PROCEDURES.—Determination of the re4 quirements for applications under this subsection, re5 view and selection of applications for support, and 

6 subsequent funding of projects shall be carried out by 

7 a collaboration of no fewer than 2 agencies partici8 pating in the Program. In selecting applications for 

9 support, the agencies shall give special consideration 

10 to projects that include cost sharing from non-Federal 

11 sources. 

12 (3) INTERDISCIPLINARY RESEARCH CENTERS.— 

13 Research and development activities under this sec14 tion may be supported through interdisciplinary 

15 nanotechnology research centers, as authorized by sec16 tion 2(b)(4) of the 21st Century Nanotechnology Re17 search and Development Act (15 U.S.C. 7501(b)(4)), 

18 that are organized to investigate basic research ques19 tions and carry out technology demonstration activi20 ties in areas such as those identified in subsection (a). 

21 (c) REPORT.—Reports required under section 2(d) of 

22 the 21st Century Nanotechnology Research and Develop23 ment Act (15 U.S.C. 7501(d)) shall include a description 

24 of research and development areas supported in accordance 

25 with this section, including the same budget information 


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1 as is required for program component areas under para2 graphs (1) and (2) of such section 2(d). 

3 SEC. 106. NANOMANUFACTURING RESEARCH. 

4 (a) RESEARCH AREAS.—The Nanomanufacturing pro5 gram component area, or any successor program component 

6 area, shall include research on— 

7 (1) development of instrumentation and tools re8 quired for the rapid characterization of nanoscale 

9 materials and for monitoring of nanoscale manufac10 turing processes; and 

11 (2) approaches and techniques for scaling the 

12 synthesis of new nanoscale materials to achieve indus13 trial-level production rates. 

14 (b) GREEN NANOTECHNOLOGY.—Interdisciplinary re15 search centers supported under the Program in accordance 

16 with section 2(b)(4) of the 21st Century Nanotechnology Re17 search and Development Act (15 U.S.C. 7501(b)(4)) that 

18 are focused on nanomanufacturing research and centers es19 tablished under the authority of section 105(b)(3) of this 

20 subtitle shall include as part of the activities of such cen21 ters— 

22 (1) research on methods and approaches to de23 velop environmentally benign nanoscale products and 

24 nanoscale manufacturing processes, taking into con25 sideration relevant findings and results of research 


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1 supported under the Environmental, Health, and 

2 Safety program component area, or any successor 

3 program component area; 

4 (2) fostering the transfer of the results of such re5 search to industry; and 

6 (3) providing for the education of scientists and 

7 engineers through interdisciplinary studies in the 

8 principles and techniques for the design and develop9 ment of environmentally benign nanoscale products 

10 and processes. 

11 (c) REVIEW OF NANOMANUFACTURING RESEARCH AND

12 RESEARCH FACILITIES.— 

13 (1) PUBLIC MEETING.—Not later than 12 months 

14 after the date of enactment of this Act, the National 

15 Nanotechnology Coordination Office shall sponsor a 

16 public meeting, including representation from a wide 

17 range of industries engaged in nanoscale manufac18 turing, to— 

19 (A) obtain the views of participants at the 

20 meeting on— 

21 (i) the relevance and value of the re22 search being carried out under the Nano23 manufacturing program component area of 

24 the Program, or any successor program 

25 component area; and 


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1 (ii) whether the capabilities of nano2 technology research facilities supported 

3 under the Program are adequate— 

4 (I) to meet current and near-term 

5 requirements for the fabrication and 

6 characterization of nanoscale devices 

7 and systems; and 

8 (II) to provide access to and use 

9 of instrumentation and equipment at 

10 the facilities, by means of networking 

11 technology, to individuals who are at 

12 locations remote from the facilities; 

13 and 

14 (B) receive any recommendations on ways 

15 to strengthen the research portfolio supported 

16 under the Nanomanufacturing program compo17 nent area, or any successor program component 

18 area, and on improving the capabilities of nano19 technology research facilities supported under the 

20 Program. 

21 Companies participating in industry liaison groups 

22 shall be invited to participate in the meeting. The Co23 ordination Office shall prepare a report documenting 

24 the findings and recommendations resulting from the 

25 meeting. 


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1 (2) ADVISORY PANEL REVIEW.—The Advisory 

2 Panel shall review the Nanomanufacturing program 

3 component area of the Program, or any successor pro4 gram component area, and the capabilities of nano5 technology research facilities supported under the Pro6 gram to assess— 

7 (A) whether the funding for the Nanomanu8 facturing program component area, or any suc9 cessor program component area, is adequate and 

10 receiving appropriate priority within the overall 

11 resources available for the Program; 

12 (B) the relevance of the research being sup13 ported to the identified needs and requirements 

14 of industry; 

15 (C) whether the capabilities of nanotechnol16 ogy research facilities supported under the Pro17 gram are adequate— 

18 (i) to meet current and near-term re19 quirements for the fabrication and charac20 terization of nanoscale devices and systems; 

21 and 

22 (ii) to provide access to and use of in23 strumentation and equipment at the facili24 ties, by means of networking technology, to 


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1 individuals who are at locations remote 

2 from the facilities; and 

3 (D) the level of funding that would be need4 ed to support— 

5 (i) the acquisition of instrumentation, 

6 equipment, and networking technology suffi7 cient to provide the capabilities at nano8 technology research facilities described in 

9 subparagraph (C); and 

10 (ii) the operation and maintenance of 

11 such facilities. 

12 In carrying out its assessment, the Advisory Panel 

13 shall take into consideration the findings and rec14 ommendations from the report required under para15 graph (1). 

16 (3) REPORT.—Not later than 18 months after the 

17 date of enactment of this Act, the Advisory Panel 

18 shall submit to the Committee on Commerce, Science, 

19 and Transportation of the Senate and the Committee 

20 on Science and Technology of the House of Represent21 atives a report on its assessment required under para22 graph (2), along with any recommendations and a 

23 copy of the report prepared in accordance with para24 graph (1). 


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1 SEC. 107. DEFINITIONS. 

2 In this subtitle, terms that are defined in section 10 

3 of the 21st Century Nanotechnology Research and Develop4 ment Act (15 U.S.C. 7509) have the meaning given those 

5 terms in that section. 

6 Subtitle B—Networking and Infor7 mation Technology Research 

8 and Development 

9 SEC. 111. SHORT TITLE. 

10 This subtitle may be cited as the ‘‘Networking and In11 formation Technology Research and Development Act of 

12 2010’’. 

13 SEC. 112. PROGRAM PLANNING AND COORDINATION. 

14 (a) PERIODIC REVIEWS.—Section 101 of the High15 Performance Computing Act of 1991 (15 U.S.C. 5511) is 

16 amended by adding at the end the following new subsection: 

17 ‘‘(d) PERIODIC REVIEWS.—The agencies identified in 

18 subsection (a)(3)(B) shall— 

19 ‘‘(1) periodically assess the contents and funding 

20 levels of the Program Component Areas and restruc21 ture the Program when warranted, taking into con22 sideration any relevant recommendations of the advi23 sory committee established under subsection (b); and 

24 ‘‘(2) ensure that the Program includes large25 scale, long-term, interdisciplinary research and develVerDate Mar 15 2010 21:37 May 07, 2010 Jkt 089200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6203 E:\BILLS\H5116.RH H5116

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1 opment activities, including activities described in 

2 section 104.’’. 

3 (b) DEVELOPMENT OF STRATEGIC PLAN.—Section 101 

4 of such Act (15 U.S.C. 5511) is amended further by adding 

5 after subsection (d), as added by subsection (a) of this sec6 tion, the following new subsection: 

7 ‘‘(e) STRATEGIC PLAN.— 

8 ‘‘(1) IN GENERAL.—The agencies identified in 

9 subsection (a)(3)(B), working through the National 

10 Science and Technology Council and with the assist11 ance of the National Coordination Office established 

12 under section 102, shall develop, within 12 months 

13 after the date of enactment of the Networking and In14 formation Technology Research and Development Act 

15 of 2010, and update every 3 years thereafter, a 5-year 

16 strategic plan to guide the activities described under 

17 subsection (a)(1). 

18 ‘‘(2) CONTENTS.—The strategic plan shall speci19 fy near-term and long-term objectives for the Pro20 gram, the anticipated time frame for achieving the 

21 near-term objectives, the metrics to be used for assess22 ing progress toward the objectives, and how the Pro23 gram will— 

24 ‘‘(A) foster the transfer of research and de25 velopment results into new technologies and apVerDate Mar 15 2010 21:37 May 07, 2010 Jkt 089200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6203 E:\BILLS\H5116.RH H5116

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1 plications for the benefit of society, including 

2 through cooperation and collaborations with net3 working and information technology research, 

4 development, and technology transition initia5 tives supported by the States; 

6 ‘‘(B) encourage and support mechanisms for 

7 interdisciplinary research and development in 

8 networking and information technology, includ9 ing through collaborations across agencies, across 

10 Program Component Areas, with industry, with 

11 Federal laboratories (as defined in section 4 of 

12 the Stevenson-Wydler Technology Innovation Act 

13 of 1980 (15 U.S.C. 3703)), and with inter14 national organizations; 

15 ‘‘(C) address long-term challenges of na16 tional importance for which solutions require 

17 large-scale, long-term, interdisciplinary research 

18 and development; 

19 ‘‘(D) place emphasis on innovative and 

20 high-risk projects having the potential for sub21 stantial societal returns on the research invest22 ment; 

23 ‘‘(E) strengthen all levels of networking and 

24 information technology education and training 


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1 programs to ensure an adequate, well-trained 

2 workforce; and 

3 ‘‘(F) attract more women and underrep4 resented minorities to pursue postsecondary de5 grees in networking and information technology. 

6 ‘‘(3) NATIONAL RESEARCH INFRASTRUCTURE.—The 

7 strategic plan developed in accordance with paragraph (1) 

8 shall be accompanied by milestones and roadmaps for estab9 lishing and maintaining the national research infrastruc10 ture required to support the Program, including the road11 map required by subsection (a)(2)(E). 

12 ‘‘(4) RECOMMENDATIONS.—The entities involved in 

13 developing the strategic plan under paragraph (1) shall 

14 take into consideration the recommendations— 

15 ‘‘(A) of the advisory committee established under 

16 subsection (b); and 

17 ‘‘(B) of the stakeholders whose input was solic18 ited by the National Coordination Office, as required 

19 under section 102(b)(3). 

20 ‘‘(5) REPORT TO CONGRESS.—The Director of the Na21 tional Coordination Office shall transmit the strategic plan 

22 required under paragraph (1) to the advisory committee, 

23 the Committee on Commerce, Science, and Transportation 

24 of the Senate, and the Committee on Science and Tech25 nology of the House of Representatives.’’. 


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1 (c) ADDITIONAL RESPONSIBILITIES OF DIRECTOR.— 

2 Section 101(a)(2) of such Act (15 U.S.C. 5511(a)(2)) is 

3 amended— 

4 (1) by redesignating subparagraphs (E) and (F) 

5 as subparagraphs (F) and (G), respectively; and 

6 (2) by inserting after subparagraph (D) the fol7 lowing new subparagraph: 

8 ‘‘(E) encourage and monitor the efforts of 

9 the agencies participating in the Program to al10 locate the level of resources and management at11 tention necessary to ensure that the strategic 

12 plan under subsection (e) is developed and exe13 cuted effectively and that the objectives of the 

14 Program are met;’’. 

15 (d) ADVISORY COMMITTEE.—Section 101(b)(1) of such 

16 Act (15 U.S.C. 5511(b)(1)) is amended by inserting after 

17 ‘‘an advisory committee on high-performance computing,’’ 

18 the following: ‘‘in which the co-chairs shall be members of 

19 the President’s Council of Advisors on Science and Tech20 nology and with the remainder of the committee’’. 

21 (e) REPORT.—Section 101(a)(3) of such Act (15 U.S.C. 

22 5511(a)(3)) is amended— 

23 (1) in subparagraph (C)— 


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1 (A) by striking ‘‘is submitted,’’ and insert2 ing ‘‘is submitted, the levels for the previous fis3 cal year,’’; and 

4 (B) by striking ‘‘each Program Component 

5 Area;’’ and inserting ‘‘each Program Component 

6 Area and research area supported in accordance 

7 with section 104;’’; 

8 (2) in subparagraph (D)— 

9 (A) by striking ‘‘each Program Component 

10 Area,’’ and inserting ‘‘each Program Component 

11 Area and research area supported in accordance 

12 with section 104,’’; 

13 (B) by striking ‘‘is submitted,’’ and insert14 ing ‘‘is submitted, the levels for the previous fis15 cal year,’’; and 

16 (C) by striking ‘‘and’’ after the semicolon; 

17 (3) by redesignating subparagraph (E) as sub18 paragraph (G); and 

19 (4) by inserting after subparagraph (D) the fol20 lowing new subparagraphs: 

21 ‘‘(E) include a description of how the objec22 tives for each Program Component Area, and the 

23 objectives for activities that involve multiple Pro24 gram Component Areas, relate to the objectives of 


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1 the Program identified in the strategic plan re2 quired under subsection (e); 

3 ‘‘(F) include— 

4 ‘‘(i) a description of the funding re5 quired by the National Coordination Office 

6 to perform the functions specified under sec7 tion 102(b) for the next fiscal year by cat8 egory of activity; 

9 ‘‘(ii) a description of the funding re10 quired by such Office to perform the func11 tions specified under section 102(b) for the 

12 current fiscal year by category of activity; 

13 and 

14 ‘‘(iii) the amount of funding provided 

15 for such Office for the current fiscal year by 

16 each agency participating in the Program; 

17 and’’. 

18 (f) DEFINITION.—Section 4 of such Act (15 U.S.C. 

19 5503) is amended— 

20 (1) by redesignating paragraphs (1) through (7) 

21 as paragraphs (2) through (8), respectively; 

22 (2) by inserting before paragraph (2), as so re23 designated, the following new paragraph: 

24 ‘‘(1) ‘cyber-physical systems’ means physical or 

25 engineered systems whose networking and information 


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1 technology functions and physical elements are deeply 

2 integrated and are actively connected to the physical 

3 world through sensors, actuators, or other means to 

4 perform monitoring and control functions;’’; 

5 (3) in paragraph (4), as so redesignated— 

6 (A) by striking ‘‘high-performance com7 puting’’ and inserting ‘‘networking and informa8 tion technology’’; and 

9 (B) by striking ‘‘supercomputer’’ and in10 serting ‘‘high-end computing’’; 

11 (4) in paragraph (6), as so redesignated, by 

12 striking ‘‘network referred to as’’ and all that follows 

13 through the semicolon and inserting ‘‘network, includ14 ing advanced computer networks of Federal agencies 

15 and departments;’’; and 

16 (5) in paragraph (7), as so redesignated, by 

17 striking ‘‘National High-Performance Computing 

18 Program’’ and inserting ‘‘networking and informa19 tion technology research and development program’’. 

20 SEC. 113. LARGE-SCALE RESEARCH IN AREAS OF NATIONAL 

21 IMPORTANCE. 

22 Title I of such Act (15 U.S.C. 5511) is amended by 

23 adding at the end the following new section: 


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1 ‘‘SEC. 104. LARGE-SCALE RESEARCH IN AREAS OF NA2 TIONAL IMPORTANCE. 

3 ‘‘(a) IN GENERAL.—The Program shall encourage 

4 agencies identified in section 101(a)(3)(B) to support large5 scale, long-term, interdisciplinary research and develop6 ment activities in networking and information technology 

7 directed toward application areas that have the potential 

8 for significant contributions to national economic competi9 tiveness and for other significant societal benefits. Such ac10 tivities, ranging from basic research to the demonstration 

11 of technical solutions, shall be designed to advance the devel12 opment of research discoveries. The advisory committee es13 tablished under section 101(b) shall make recommendations 

14 to the Program for candidate research and development 

15 areas for support under this section. 

16 ‘‘(b) CHARACTERISTICS.— 

17 ‘‘(1) IN GENERAL.—Research and development 

18 activities under this section shall— 

19 ‘‘(A) include projects selected on the basis of 

20 applications for support through a competitive, 

21 merit-based process; 

22 ‘‘(B) involve collaborations among research23 ers in institutions of higher education and in24 dustry, and may involve nonprofit research in25 stitutions and Federal laboratories, as appro26 priate; 


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1 ‘‘(C) when possible, leverage Federal invest2 ments through collaboration with related State 

3 initiatives; and 

4 ‘‘(D) include a plan for fostering the trans5 fer of research discoveries and the results of tech6 nology demonstration activities, including from 

7 institutions of higher education and Federal lab8 oratories, to industry for commercial develop9 ment. 

10 ‘‘(2) COST-SHARING.—In selecting applications 

11 for support, the agencies shall give special consider12 ation to projects that include cost sharing from non13 Federal sources. 

14 ‘‘(3) AGENCY COLLABORATION.—If 2 or more 

15 agencies identified in section 101(a)(3)(B), or other 

16 appropriate agencies, are working on large-scale re17 search and development activities in the same area of 

18 national importance, then such agencies shall strive 

19 to collaborate through joint solicitation and selection 

20 of applications for support and subsequent funding of 

21 projects. 

22 ‘‘(4) INTERDISCIPLINARY RESEARCH CENTERS.— 

23 Research and development activities under this sec24 tion may be supported through interdisciplinary re25 search centers that are organized to investigate basic 


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1 research questions and carry out technology dem2 onstration activities in areas described in subsection 

3 (a). Research may be carried out through existing 

4 interdisciplinary centers, including those authorized 

5 under section 7024(b)(2) of the America COMPETES 

6 Act (Public Law 110–69; 42 U.S.C. 1862o–10).’’. 

7 SEC. 114. CYBER-PHYSICAL SYSTEMS AND INFORMATION 

8 MANAGEMENT. 

9 (a) ADDITIONAL PROGRAM CHARACTERISTICS.—Sec10 tion 101(a)(1) of such Act (15 U.S.C. 5511(a)(1)) is amend11 ed— 

12 (1) in subparagraph (H), by striking ‘‘and’’ 

13 after the semicolon; 

14 (2) in subparagraph (I), by striking the period 

15 at the end and inserting a semicolon; and 

16 (3) by adding at the end the following new sub17 paragraphs: 

18 ‘‘(J) provide for increased understanding of 

19 the scientific principles of cyber-physical systems 

20 and improve the methods available for the de21 sign, development, and operation of cyber-phys22 ical systems that are characterized by high reli23 ability, safety, and security; and 


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1 ‘‘(K) provide for research and development 

2 on human-computer interactions, visualization, 

3 and information management.’’. 

4 (b) TASK FORCE.—Title I of such Act (15 U.S.C. 

5 5511) is amended further by adding after section 104, as 

6 added by section 113 of this Act, the following new section: 

7 ‘‘SEC. 105. UNIVERSITY/INDUSTRY TASK FORCE. 

8 ‘‘(a) ESTABLISHMENT.—Not later than 180 days after 

9 the date of enactment of the Networking and Information 

10 Technology Research and Development Act of 2010, the Di11 rector of the National Coordination Office established under 

12 section 102 shall convene a task force to explore mechanisms 

13 for carrying out collaborative research and development ac14 tivities for cyber-physical systems, including the related 

15 technologies required to enable these systems, through a con16 sortium or other appropriate entity with participants from 

17 institutions of higher education, Federal laboratories, and 

18 industry. 

19 ‘‘(b) FUNCTIONS.—The task force shall— 

20 ‘‘(1) develop options for a collaborative model 

21 and an organizational structure for such entity under 

22 which the joint research and development activities 

23 could be planned, managed, and conducted effectively, 

24 including mechanisms for the allocation of resources 


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1 among the participants in such entity for support of 

2 such activities; 

3 ‘‘(2) propose a process for developing a research 

4 and development agenda for such entity, including 

5 objectives and milestones; 

6 ‘‘(3) define the roles and responsibilities for the 

7 participants from institutions of higher education, 

8 Federal laboratories, and industry in such entity; 

9 ‘‘(4) propose guidelines for assigning intellectual 

10 property rights and for the transfer of research results 

11 to the private sector; and 

12 ‘‘(5) make recommendations for how such entity 

13 could be funded from Federal, State, and non-govern14 mental sources. 

15 ‘‘(c) COMPOSITION.—In establishing the task force 

16 under subsection (a), the Director of the National Coordina17 tion Office shall appoint an equal number of individuals 

18 from institutions of higher education and from industry 

19 with knowledge and expertise in cyber-physical systems, of 

20 which 2 may be selected from Federal laboratories. 

21 ‘‘(d) REPORT.—Not later than 1 year after the date 

22 of enactment of the Networking and Information Tech23 nology Research and Development Act of 2010, the Director 

24 of the National Coordination Office shall transmit to the 

25 Committee on Commerce, Science, and Transportation of 


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1 the Senate and the Committee on Science and Technology 

2 of the House of Representatives a report describing the find3 ings and recommendations of the task force.’’. 

4 SEC. 115. NATIONAL COORDINATION OFFICE. 

5 Section 102 of such Act (15 U.S.C. 5512) is amended 

6 to read as follows: 

7 ‘‘SEC. 102. NATIONAL COORDINATION OFFICE. 

8 ‘‘(a) ESTABLISHMENT.—The Director shall establish a 

9 National Coordination Office with a Director and full-time 

10 staff. 

11 ‘‘(b) FUNCTIONS.—The National Coordination Office 

12 shall— 

13 ‘‘(1) provide technical and administrative sup14 port to— 

15 ‘‘(A) the agencies participating in planning 

16 and implementing the Program, including such 

17 support as needed in the development of the stra18 tegic plan under section 101(e); and 

19 ‘‘(B) the advisory committee established 

20 under section 101(b); 

21 ‘‘(2) serve as the primary point of contact on 

22 Federal networking and information technology ac23 tivities for government organizations, academia, in24 dustry, professional societies, State computing and 

25 networking technology programs, interested citizen 


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1 groups, and others to exchange technical and pro2 grammatic information; 

3 ‘‘(3) solicit input and recommendations from a 

4 wide range of stakeholders during the development of 

5 each strategic plan required under section 101(e) 

6 through the convening of at least 1 workshop with 

7 invitees from academia, industry, Federal labora8 tories, and other relevant organizations and institu9 tions; 

10 ‘‘(4) conduct public outreach, including the dis11 semination of findings and recommendations of the 

12 advisory committee, as appropriate; and 

13 ‘‘(5) promote access to and early application of 

14 the technologies, innovations, and expertise derived 

15 from Program activities to agency missions and sys16 tems across the Federal Government and to United 

17 States industry. 

18 ‘‘(c) SOURCE OF FUNDING.— 

19 ‘‘(1) IN GENERAL.—The operation of the Na20 tional Coordination Office shall be supported by 

21 funds from each agency participating in the Pro22 gram. 

23 ‘‘(2) SPECIFICATIONS.—The portion of the total 

24 budget of such Office that is provided by each agency 

25 for each fiscal year shall be in the same proportion 


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1 as each such agency’s share of the total budget for the 

2 Program for the previous fiscal year, as specified in 

3 the report required under section 101(a)(3).’’. 

4 SEC. 116. IMPROVING NETWORKING AND INFORMATION 

5 TECHNOLOGY EDUCATION. 

6 Section 201(a) of such Act (15 U.S.C. 5521(a)) is 

7 amended— 

8 (1) by redesignating paragraphs (2) through (4) 

9 as paragraphs (3) through (5), respectively; and 

10 (2) by inserting after paragraph (1) the fol11 lowing new paragraph: 

12 ‘‘(2) the National Science Foundation shall use 

13 its existing programs, in collaboration with other 

14 agencies, as appropriate, to improve the teaching and 

15 learning of networking and information technology at 

16 all levels of education and to increase participation 

17 in networking and information technology fields, in18 cluding by women and underrepresented minorities;’’. 

19 SEC. 117. CONFORMING AND TECHNICAL AMENDMENTS. 

20 (a) SECTION 3.—Section 3 of such Act (15 U.S.C. 

21 5502) is amended— 

22 (1) in the matter preceding paragraph (1), by 

23 striking ‘‘high-performance computing’’ and inserting 

24 ‘‘networking and information technology’’; 


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1 (2) in paragraph (1), in the matter preceding 

2 subparagraph (A), by striking ‘‘high-performance 

3 computing’’ and inserting ‘‘networking and informa4 tion technology’’; 

5 (3) in subparagraphs (A) and (F) of paragraph 

6 (1), by striking ‘‘high-performance computing’’ each 

7 place it appears and inserting ‘‘networking and in8 formation technology’’; and 

9 (4) in paragraph (2)— 

10 (A) by striking ‘‘high-performance com11 puting and’’ and inserting ‘‘networking and in12 formation technology and’’; and 

13 (B) by striking ‘‘high-performance com14 puting network’’ and inserting ‘‘networking and 

15 information technology’’. 

16 (b) TITLE I.—The heading of title I of such Act (15 

17 U.S.C. 5511) is amended by striking ‘‘HIGH-PER18 FORMANCE COMPUTING’’ and inserting ‘‘NET19 WORKING AND INFORMATION TECH20 NOLOGY’’. 

21 (c) SECTION 101.—Section 101 of such Act (15 U.S.C. 

22 5511) is amended— 

23 (1) in the section heading, by striking ‘‘HIGH24 PERFORMANCE COMPUTING’’ and inserting 


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1 ‘‘NETWORKING AND INFORMATION TECH2 NOLOGY RESEARCH AND DEVELOPMENT’’; 

3 (2) in subsection (a)— 

4 (A) in the subsection heading, by striking 

5 ‘‘NATIONAL HIGH-PERFORMANCE COMPUTING’’ 

6 and inserting ‘‘NETWORKING AND INFORMATION

7 TECHNOLOGY RESEARCH AND DEVELOPMENT’’; 

8 (B) in paragraph (1) of such subsection— 

9 (i) in the matter preceding subpara10 graph (A), by striking ‘‘National High-Per11 formance Computing Program’’ and insert12 ing ‘‘networking and information tech13 nology research and development program’’; 

14 (ii) in subparagraph (A), by striking 

15 ‘‘high-performance computing, including 

16 networking’’ and inserting ‘‘networking and 

17 information technology’’; and 

18 (iii) in subparagraphs (B), (C), and 

19 (G), by striking ‘‘high-performance’’ each 

20 place it appears and inserting ‘‘high-end’’; 

21 and 

22 (C) in paragraph (2) of such subsection— 

23 (i) in subparagraphs (A) and (C)— 

24 (I) by striking ‘‘high-performance 

25 computing’’ each place it appears and 


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1 inserting ‘‘networking and information 

2 technology’’; and 

3 (II) by striking ‘‘development, 

4 networking,’’ each place it appears and 

5 inserting ‘‘development,’’; and 

6 (ii) in subparagraphs (F) and (G), as 

7 redesignated by section 112(c)(1) of this 

8 Act, by striking ‘‘high-performance’’ each 

9 place it appears and inserting ‘‘high-end’’; 

10 (3) in subsection (b)(1), in the matter preceding 

11 subparagraph (A), by striking ‘‘high-performance 

12 computing’’ both places it appears and inserting 

13 ‘‘networking and information technology’’; and 

14 (4) in subsection (c)(1)(A), by striking ‘‘high15 performance computing’’ and inserting ‘‘networking 

16 and information technology’’. 

17 (d) SECTION 201.—Section 201(a)(1) of such Act (15 

18 U.S.C. 5521(a)(1)) is amended by striking ‘‘high-perform19 ance computing’’ and all that follows through ‘‘net20 working;’’ and inserting ‘‘networking and information re21 search and development;’’. 

22 (e) SECTION 202.—Section 202(a) of such Act (15 

23 U.S.C. 5522(a)) is amended by striking ‘‘high-performance 

24 computing’’ and inserting ‘‘networking and information 

25 technology’’. 


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1 (f) SECTION 203.—Section 203(a)(1) of such Act (15 

2 U.S.C. 5523(a)(1)) is amended by striking ‘‘high-perform3 ance computing and networking’’ and inserting ‘‘net4 working and information technology’’. 

5 (g) SECTION 204.—Section 204(a)(1) of such Act (15 

6 U.S.C. 5524(a)(1)) is amended— 

7 (1) in subparagraph (A), by striking ‘‘high-per8 formance computing systems and networks’’ and in9 serting ‘‘networking and information technology sys10 tems and capabilities’’; and 

11 (2) in subparagraph (C), by striking ‘‘high-per12 formance computing’’ and inserting ‘‘networking and 

13 information technology’’. 

14 (h) SECTION 205.—Section 205(a) of such Act (15 

15 U.S.C. 5525(a)) is amended by striking ‘‘computational’’ 

16 and inserting ‘‘networking and information technology’’. 

17 (i) SECTION 206.—Section 206(a) of such Act (15 

18 U.S.C. 5526(a)) is amended by striking ‘‘computational re19 search’’ and inserting ‘‘networking and information tech20 nology research’’. 

21 (j) SECTION 208.—Section 208 of such Act (15 U.S.C. 

22 5528) is amended— 

23 (1) in the section heading, by striking ‘‘HIGH24 PERFORMANCE COMPUTING’’ and inserting 


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1 ‘‘NETWORKING AND INFORMATION TECH2 NOLOGY’’; and 

3 (2) in subsection (a)— 

4 (A) in paragraph (1), by striking ‘‘High5 performance computing and associated’’ and in6 serting ‘‘Networking and information’’; 

7 (B) in paragraph (2), by striking ‘‘high8 performance computing’’ and inserting ‘‘net9 working and information technologies’’; 

10 (C) in paragraph (4), by striking ‘‘high11 performance computers and associated’’ and in12 serting ‘‘networking and information’’; and 

13 (D) in paragraph (5), by striking ‘‘high14 performance computing and associated’’ and in15 serting ‘‘networking and information’’. 

16 Subtitle C—Other OSTP Provisions 

17 SEC. 121. FEDERAL SCIENTIFIC COLLECTIONS. 

18 (a) MANAGEMENT OF SCIENTIFIC COLLECTIONS.—The 

19 Office of Science and Technology Policy, in consultation 

20 with relevant Federal agencies, shall ensure the development 

21 of formal policies for the management and use of Federal 

22 scientific collections to improve the quality, organization, 

23 access, including online access, and long-term preservation 

24 of such collections for the benefit of the scientific enterprise. 


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1 (b) DEFINITION.—For the purposes of this section, the 

2 term ‘‘scientific collection’’ means a set of physical speci3 mens, living or inanimate, created for the purpose of sup4 porting science and serving as a long-term research asset, 

5 rather than for their market value as collectibles or their 

6 historical, artistic, or cultural significance. 

7 (c) CLEARINGHOUSE.—The Office of Science and Tech8 nology Policy, in consultation with relevant Federal agen9 cies, shall ensure the development of an online clearinghouse 

10 for information on the contents of and access to Federal 

11 scientific collections. 

12 (d) DISPOSAL OF COLLECTIONS.—The policies devel13 oped under subsection (a) shall— 

14 (1) require that, before disposing of a scientific 

15 collection, a Federal agency shall— 

16 (A) conduct a review of the research value 

17 of the collection; and 

18 (B) consult with researchers who have used 

19 the collection, and other potentially interested 

20 parties, concerning— 

21 (i) the collection’s value for research 

22 purposes; and 

23 (ii) possible additional educational 

24 uses for the collection; and 


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1 (2) include procedures for Federal agencies to 

2 transfer scientific collections they no longer need to 

3 researchers at institutions or other entities qualified 

4 to manage the collections. 

5 (e) COST PROJECTIONS.—The Office of Science and 

6 Technology Policy, in consultation with relevant Federal 

7 agencies, shall develop a common set of methodologies to be 

8 used by Federal agencies for the assessment and projection 

9 of costs associated with the management and preservation 

10 of their scientific collections. 

11 SEC. 122. COORDINATION OF MANUFACTURING RESEARCH 

12 AND DEVELOPMENT. 

13 (a) INTERAGENCY COMMITTEE.—The Director of the 

14 Office of Science and Technology Policy shall establish or 

15 designate an interagency committee under the National 

16 Science and Technology Council with the responsibility for 

17 planning and coordinating Federal programs and activities 

18 in manufacturing research and development. 

19 (b) RESPONSIBILITIES OF COMMITTEE.—The inter20 agency committee established or designated under sub21 section (a) shall— 

22 (1) coordinate the manufacturing research and 

23 development programs and activities of the Federal 

24 agencies; 


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1 (2) establish goals and priorities for manufac2 turing research and development that will strengthen 

3 United States manufacturing; and 

4 (3) develop and update every 5 years thereafter 

5 a strategic plan to guide Federal programs and ac6 tivities in support of manufacturing research and de7 velopment, which shall— 

8 (A) specify and prioritize near-term and 

9 long-term research and development objectives, 

10 the anticipated time frame for achieving the ob11 jectives, and the metrics for use in assessing 

12 progress toward the objectives; 

13 (B) specify the role of each Federal agency 

14 in carrying out or sponsoring research and de15 velopment to meet the objectives of the strategic 

16 plan; and 

17 (C) describe how the Federal agencies sup18 porting manufacturing research and development 

19 will foster the transfer of research and develop20 ment results into new manufacturing tech21 nologies, processes, and products for the benefit of 

22 society and the national interest. 

23 (c) RECOMMENDATIONS.—In the development of the 

24 strategic plan required under subsection (b)(3), the Director 

25 of the Office of Science and Technology Policy, working 


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1 through the interagency committee, shall take into consider2 ation the recommendations of a wide range of stakeholders, 

3 including representatives from diverse manufacturing com4 panies, academia, and other relevant organizations and in5 stitutions. 

6 (d) REPORT TO CONGRESS.—Not later than 1 year 

7 after the date of enactment of this Act, the Director of the 

8 Office of Science and Technology Policy shall transmit the 

9 strategic plan developed under subsection (b)(3) to the Com10 mittee on Commerce, Science, and Transportation of the 

11 Senate, and the Committee on Science and Technology of 

12 the House of Representatives, and shall transmit subsequent 

13 updates to those committees when completed. 

14 SEC. 123. INTERAGENCY PUBLIC ACCESS COMMITTEE. 

15 (a) ESTABLISHMENT.—The Director of the Office of 

16 Science and Technology Policy shall establish a working 

17 group under the National Science and Technology Council 

18 with the responsibility to coordinate Federal science agency 

19 research and policies related to the dissemination and long20 term stewardship of the results of unclassified research, in21 cluding digital data and peer-reviewed scholarly publica22 tions, supported wholly, or in part, by funding from the 

23 Federal science agencies. 

24 (b) RESPONSIBILITIES.—The working group estab25 lished under subsection (a) shall— 


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1 (1) coordinate the development or designation of 

2 uniform standards for research data, the structure of 

3 full text and metadata, navigation tools, and other 

4 applications to achieve interoperability across Federal 

5 science agencies, across science and engineering dis6 ciplines, and between research data and scholarly 

7 publications, taking into account existing consensus 

8 standards, including international standards; 

9 (2) coordinate Federal science agency programs 

10 and activities that support research and education on 

11 tools and systems required to ensure preservation and 

12 stewardship of all forms of digital research data, in13 cluding scholarly publications; 

14 (3) work with international science and tech15 nology counterparts to maximize interoperability be16 tween United States based unclassified research data17 bases and international databases and repositories; 

18 (4) solicit input and recommendations from, and 

19 collaborate with, non-Federal stakeholders, including 

20 universities, nonprofit and for-profit publishers, li21 braries, federally funded research scientists, and other 

22 organizations and institutions with a stake in long 

23 term preservation and access to the results of federally 

24 funded research; and 


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1 (5) establish priorities for coordinating the devel2 opment of any Federal science agency policies related 

3 to public access to the results of federally funded re4 search to maximize uniformity of such policies with 

5 respect to their benefit to, and potential economic or 

6 other impact on, the science and engineering enter7 prise and the stakeholders thereof. 

8 (c) PATENT OR COPYRIGHT LAW.—Nothing in this sec9 tion shall be construed to affect any right under the provi10 sions of title 17 or 35, United States Code. 

11 (d) REPORT TO CONGRESS.—Not later than 1 year 

12 after the date of enactment of this Act, the Director of the 

13 Office of Science and Technology Policy shall transmit a 

14 report to Congress describing— 

15 (1) any priorities established under subsection 

16 (b)(5); 

17 (2) the status of any Federal science agency poli18 cies related to public access to the results of federally 

19 funded research; and 

20 (3) how any policies developed or being developed 

21 by Federal science agencies, as described in para22 graph (2), incorporate input from the non-Federal 

23 stakeholders described in subsection (b)(4). 

24 (e) DEFINITION.—For the purposes of this section, the 

25 term ‘‘Federal science agency’’ means any Federal agency 


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1 with an annual extramural research expenditure of over 

2 $100,000,000. 

3 SEC. 124. FULFILLING THE POTENTIAL OF WOMEN IN ACA4 DEMIC SCIENCE AND ENGINEERING. 

5 (a) DEFINITION.—In this section, the term ‘‘Federal 

6 science agency’’ means any Federal agency that is respon7 sible for at least 2 percent of total Federal research and 

8 development funding to institutions of higher education, ac9 cording to the most recent data available from the National 

10 Science Foundation. 

11 (b) WORKSHOPS TO ENHANCE GENDER EQUITY IN

12 ACADEMIC SCIENCE AND ENGINEERING.— 

13 (1) IN GENERAL.—Not later than 6 months after 

14 the date of enactment of this Act, the Director of the 

15 Office of Science and Technology Policy shall develop 

16 a uniform policy for all Federal science agencies to 

17 carry out a program of workshops that educate pro18 gram officers, members of grant review panels, insti19 tution of higher education STEM department chairs, 

20 and other federally funded researchers about methods 

21 that minimize the effects of gender bias in evaluation 

22 of Federal research grants and in the related aca23 demic advancement of actual and potential recipients 

24 of these grants, including hiring, tenure, promotion, 


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1 and selection for any honor based in part on the re2 cipient’s research record. 

3 (2) INTERAGENCY COORDINATION.—The Director 

4 of the Office of Science and Technology Policy shall 

5 ensure that programs of workshops across the Federal 

6 science agencies are coordinated and supported jointly 

7 as appropriate. As part of this process, the Director 

8 of the Office of Science and Technology Policy shall 

9 ensure that at least 1 workshop is supported every 2 

10 years among the Federal science agencies in each of 

11 the major science and engineering disciplines sup12 ported by those agencies. 

13 (3) ORGANIZATIONS ELIGIBLE TO CARRY OUT

14 WORKSHOPS.—Federal science agencies may carry out 

15 the program of workshops under this subsection by 

16 making grants to eligible organizations. In addition 

17 to any other organizations made eligible by the Fed18 eral science agencies, the following organizations are 

19 eligible for grants under this subsection: 

20 (A) Nonprofit scientific and professional so21 cieties and organizations that represent one or 

22 more STEM disciplines. 

23 (B) Nonprofit organizations that have the 

24 primary mission of advancing the participation 

25 of women in STEM. 


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1 (4) CHARACTERISTICS OF WORKSHOPS.—The 

2 workshops shall have the following characteristics: 

3 (A) Invitees to workshops shall include at 

4 least— 

5 (i) the chairs of departments in the rel6 evant discipline from at least the top 50 in7 stitutions of higher education, as deter8 mined by the amount of Federal research 

9 and development funds obligated to each in10 stitution of higher education in the prior 

11 year based on data available from the Na12 tional Science Foundation; 

13 (ii) members of any standing research 

14 grant review panel appointed by the Fed15 eral science agencies in the relevant dis16 cipline; 

17 (iii) in the case of science and engi18 neering disciplines supported by the De19 partment of Energy, the individuals from 

20 each of the Department of Energy National 

21 Laboratories with personnel management 

22 responsibilities comparable to those of an 

23 institution of higher education department 

24 chair; and 


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1 (iv) Federal science agency program 

2 officers in the relevant discipline, other than 

3 program officers that participate in com4 parable workshops organized and run spe5 cifically for that agency’s program officers. 

6 (B) Activities at the workshops shall include 

7 research presentations and interactive discus8 sions or other activities that increase the aware9 ness of the existence of gender bias in the grant10 making process and the development of the aca11 demic record necessary to qualify as a grant re12 cipient, including recruitment, hiring, tenure re13 view, promotion, and other forms of formal rec14 ognition of individual achievement, and provide 

15 strategies to overcome such bias. 

16 (C) Research presentations and other work17 shop programs, as appropriate, shall include a 

18 discussion of the unique challenges faced by 

19 women who are members of historically under20 represented groups. 

21 (D) Workshop programs shall include infor22 mation on best practices and the value of men23 toring undergraduate and graduate women stu24 dents as well as outreach to girls earlier in their 

25 STEM education. 


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1 (5) REPORT.— 

2 (A) IN GENERAL.—Not later than 5 years 

3 after the date of enactment of this Act, the Direc4 tor of the Office of Science and Technology Pol5 icy shall transmit to the Committee on Science 

6 and Technology of the House of Representatives 

7 and the Committee on Commerce, Science, and 

8 Transportation of the Senate a report evaluating 

9 the effectiveness of the program carried out under 

10 this subsection to reduce gender bias towards 

11 women engaged in research funded by the Fed12 eral Government. The Director of the Office of 

13 Science and Technology Policy shall include in 

14 this report any recommendations for improving 

15 the evaluation process described in subparagraph 

16 (B). 

17 (B) MINIMUM CRITERIA FOR EVALUA18 TION.—In determining the effectiveness of the 

19 program, the Director of the Office of Science 

20 and Technology Policy shall consider, at a min21 imum— 

22 (i) the rates of participation by 

23 invitees in the workshops authorized under 

24 this subsection; 


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1 (ii) the results of attitudinal surveys 

2 conducted on workshop participants before 

3 and after the workshops; 

4 (iii) any relevant institutional policy 

5 or practice changes reported by partici6 pants; and 

7 (iv) for individuals described in para8 graph (4)(A)(i) or (iii) who participated in 

9 at least 1 workshop 3 or more years prior 

10 to the due date for the report, trends in the 

11 data for the department represented by the 

12 chair or employee including faculty data re13 lated to gender as described in section 216. 

14 (C) INSTITUTIONAL ATTENDANCE AT WORK15 SHOPS.—As part of the report under subpara16 graph (A), the Director of the Office of Science 

17 and Technology Policy shall include a list of in18 stitutions of higher education science and engi19 neering departments whose representatives at20 tended the workshops required under this sub21 section. 

22 (6) MINIMIZING COSTS.—To the extent prac23 ticable, workshops shall be held in conjunction with 

24 national or regional disciplinary meetings to mini25 mize costs associated with participant travel. 


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1 (c) EXTENDED RESEARCH GRANT SUPPORT AND IN2 TERIM TECHNICAL SUPPORT FOR CAREGIVERS.— 

3 (1) POLICIES FOR CAREGIVERS.—Not later than 

4 6 months after the date of enactment of this Act, the 

5 Director of the Office of Science and Technology Pol6 icy shall develop a uniform policy to— 

7 (A) extend the period of grant support for 

8 federally funded researchers who have caregiving 

9 responsibilities; and 

10 (B) provide funding for interim technical 

11 staff support for federally funded researchers who 

12 take a leave of absence for caregiving responsibil13 ities. 

14 (2) REPORT.—Upon developing the policy re15 quired under paragraph (1), the Director of the Office 

16 of Science and Technology Policy shall transmit a 

17 copy of the policy to the Committee on Science and 

18 Technology of the House of Representatives and to the 

19 Committee on Commerce, Science, and Transpor20 tation of the Senate. 

21 (d) COLLECTION OF DATA ON FEDERAL RESEARCH

22 GRANTS.— 

23 (1) IN GENERAL.—Each Federal science agency 

24 shall collect standardized annual composite informa25 tion on demographics, field, award type and budget 


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1 request, review score, and funding outcome for all ap2 plications for research and development grants to in3 stitutions of higher education supported by that agen4 cy. 

5 (2) REPORTING OF DATA.— 

6 (A) The Director of the Office of Science 

7 and Technology Policy shall establish a policy to 

8 ensure uniformity and standardization of data 

9 collection required under paragraph (1). 

10 (B) Not later than 2 years after the date of 

11 enactment of this Act, and annually thereafter, 

12 each Federal science agency shall submit data 

13 collected under paragraph (1) to the National 

14 Science Foundation. 

15 (C) The National Science Foundation shall 

16 be responsible for storing and publishing all of 

17 the grant data submitted under subparagraph 

18 (B) in conjunction with the biennial report re19 quired under section 37 of the Science and Engi20 neering Equal Opportunities Act (42 U.S.C. 

21 1885d). 


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1 TITLE II—NATIONAL SCIENCE 

2 FOUNDATION 

3 SEC. 201. SHORT TITLE. 

4 This title may be cited as the ‘‘National Science Foun5 dation Authorization Act of 2010’’. 

6 Subtitle A—General Provisions 

7 SEC. 211. DEFINITIONS. 

8 In this title: 

9 (1) DIRECTOR.—The term ‘‘Director’’ means the 

10 Director of the National Science Foundation estab11 lished under section 2 of the National Science Foun12 dation Act of 1950 (42 U.S.C. 1861). 

13 (2) FOUNDATION.—The term ‘‘Foundation’’ 

14 means the National Science Foundation established 

15 under section 2 of the National Science Foundation 

16 Act of 1950 (42 U.S.C. 1861). 

17 (3) INSTITUTION OF HIGHER EDUCATION.—The 

18 term ‘‘institution of higher education’’ has the mean19 ing given such term in section 101(a) of the Higher 

20 Education Act of 1965 (20 U.S.C. 1001(a)). 

21 (4) STATE.—The term ‘‘State’’ means one of the 

22 several States, the District of Columbia, the Common23 wealth of Puerto Rico, the Virgin Islands, Guam, 

24 American Samoa, the Commonwealth of the Northern 


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1 Mariana Islands, or any other territory or possession 

2 of the United States. 

3 (5) STEM.—The term ‘‘STEM’’ means science, 

4 technology, engineering, and mathematics. 

5 (6) UNITED STATES.—The term ‘‘United States’’ 

6 means the several States, the District of Columbia, the 

7 Commonwealth of Puerto Rico, the Virgin Islands, 

8 Guam, American Samoa, the Commonwealth of the 

9 Northern Mariana Islands, and any other territory or 

10 possession of the United States. 

11 SEC. 212. AUTHORIZATION OF APPROPRIATIONS. 

12 (a) FISCAL YEAR 2011.— 

13 (1) IN GENERAL.—There are authorized to be ap14 propriated to the Foundation $7,481,000,000 for fis15 cal year 2011. 

16 (2) SPECIFIC ALLOCATIONS.—Of the amount au17 thorized under paragraph (1)— 

18 (A) $6,020,000,000 shall be made available 

19 for research and related activities; 

20 (B) $945,000,000 shall be made available 

21 for education and human resources; 

22 (C) $166,000,000 shall be made available 

23 for major research equipment and facilities con24 struction; 


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1 (D) $330,000,000 shall be made available 

2 for agency operations and award management; 

3 (E) $4,840,000 shall be made available for 

4 the Office of the National Science Board; and 

5 (F) $14,830,000 shall be made available for 

6 the Office of Inspector General. 

7 (b) FISCAL YEAR 2012.— 

8 (1) IN GENERAL.—There are authorized to be ap9 propriated to the Foundation $8,127,000,000 for fis10 cal year 2012. 

11 (2) SPECIFIC ALLOCATIONS.—Of the amount au12 thorized under paragraph (1)— 

13 (A) $6,496,000,000 shall be made available 

14 for research and related activities; 

15 (B) $1,020,000,000 shall be made available 

16 for education and human resources; 

17 (C) $235,000,000 shall be made available 

18 for major research equipment and facilities con19 struction; 

20 (D) $356,000,000 shall be made available 

21 for agency operations and award management; 

22 (E) $5,010,000 shall be made available for 

23 the Office of the National Science Board; and 

24 (F) $15,350,000 shall be made available for 

25 the Office of Inspector General. 


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1 (c) FISCAL YEAR 2013.— 

2 (1) IN GENERAL.—There are authorized to be ap3 propriated to the Foundation $8,764,000,000 for fis4 cal year 2013. 

5 (2) SPECIFIC ALLOCATIONS.—Of the amount au6 thorized under paragraph (1)— 

7 (A) $7,009,000,000 shall be made available 

8 for research and related activities; 

9 (B) $1,100,000,000 shall be made available 

10 for education and human resources; 

11 (C) $250,000,000 shall be made available 

12 for major research equipment and facilities con13 struction; 

14 (D) $384,000,000 shall be made available 

15 for agency operations and award management; 

16 (E) $5,180,000 shall be made available for 

17 the Office of the National Science Board; and 

18 (F) $15,890,000 shall be made available for 

19 the Office of Inspector General. 

20 (d) FISCAL YEAR 2014.— 

21 (1) IN GENERAL.—There are authorized to be ap22 propriated to the Foundation $9,436,000,000 for fis23 cal year 2014. 

24 (2) SPECIFIC ALLOCATIONS.—Of the amount au25 thorized under paragraph (1)— 


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1 (A) $7,562,000,000 shall be made available 

2 for research and related activities; 

3 (B) $1,187,000,000 shall be made available 

4 for education and human resources; 

5 (C) $250,000,000 shall be made available 

6 for major research equipment and facilities con7 struction; 

8 (D) $415,000,000 shall be made available 

9 for agency operations and award management; 

10 (E) $5,370,000 shall be made available for 

11 the Office of the National Science Board; and 

12 (F) $16,440,000 shall be made available for 

13 the Office of Inspector General. 

14 (e) FISCAL YEAR 2015.— 

15 (1) IN GENERAL.—There are authorized to be ap16 propriated to the Foundation $10,161,000,000 for fis17 cal year 2015. 

18 (2) SPECIFIC ALLOCATIONS.—Of the amount au19 thorized under paragraph (1)— 

20 (A) $8,160,000,000 shall be made available 

21 for research and related activities; 

22 (B) $1,281,000,000 shall be made available 

23 for education and human resources; 


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1 (C) $250,000,000 shall be made available 

2 for major research equipment and facilities con3 struction; 

4 (D) $447,000,000 shall be made available 

5 for agency operations and award management; 

6 (E) $5,550,000 shall be made available for 

7 the Office of the National Science Board; and 

8 (F) $17,020,000 shall be made available for 

9 the Office of Inspector General. 

10 SEC. 213. NATIONAL SCIENCE BOARD ADMINISTRATIVE 

11 AMENDMENTS. 

12 (a) STAFFING AT THE NATIONAL SCIENCE BOARD.— 

13 Section 4(g) of the National Science Foundation Act of 

14 1950 (42 U.S.C. 1863(g)) is amended by striking ‘‘not more 

15 than 5’’. 

16 (b) SCIENCE AND ENGINEERING INDICATORS DUE

17 DATE.—Section 4(j)(1) of the National Science Foundation 

18 Act of 1950 (42 U.S.C. 1863(j)(1)) is amended by striking 

19 ‘‘January 15’’ and inserting ‘‘May 31’’. 

20 (c) NATIONAL SCIENCE BOARD REPORTS.—Section 

21 4(j)(2) of the National Science Foundation Act of 1950 (42 

22 U.S.C. 1863(j)(2)) is amended by inserting ‘‘within the au23 thority of the Foundation (or otherwise as requested by the 

24 appropriate Congressional committees of jurisdiction or the 

25 President)’’ after ‘‘individual policy matters’’. 


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1 (d) BOARD ADHERENCE TO SUNSHINE ACT.—Section 

2 15(a) of the National Science Foundation Authorization 

3 Act of 2002 (42 U.S.C. 1862n–5(a)) is amended— 

4 (1) by striking paragraph (3) and redesignating 

5 paragraphs (4) and (5) as paragraphs (3) and (4), 

6 respectively; 

7 (2) in paragraph (3), as so redesignated by 

8 paragraph (1) of this subsection— 

9 (A) by striking ‘‘February 15’’ and insert10 ing ‘‘April 15’’; and 

11 (B) by striking ‘‘the audit required under 

12 paragraph (3) along with’’ and inserting ‘‘any’’; 

13 and 

14 (3) in paragraph (4), as so redesignated by 

15 paragraph (1) of this subsection, by striking ‘‘To fa16 cilitate the audit required under paragraph (3) of 

17 this subsection, the’’ and inserting ‘‘The’’. 

18 SEC. 214. BROADER IMPACTS REVIEW CRITERION. 

19 (a) GOALS.—The Foundation shall apply a Broader 

20 Impacts Review Criterion to achieve the following goals: 

21 (1) Increased economic competitiveness of the 

22 United States. 

23 (2) Development of a globally competitive STEM 

24 workforce. 


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1 (3) Increased participation of women and under2 represented minorities in STEM. 

3 (4) Increased partnerships between academia 

4 and industry. 

5 (5) Improved pre-K-12 STEM education and 

6 teacher development. 

7 (6) Improved undergraduate STEM education. 

8 (7) Increased public scientific literacy. 

9 (8) Increased national security. 

10 (b) POLICY.—Not later than 6 months after the date 

11 of enactment of this Act, the Director shall develop and im12 plement a policy for the Broader Impacts Review Criterion 

13 that— 

14 (1) provides for educating professional staff at 

15 the Foundation, merit review panels, and applicants 

16 for Foundation research grants on the policy devel17 oped under this subsection; 

18 (2) clarifies that the activities of grant recipients 

19 undertaken to satisfy the Broader Impacts Review 

20 Criterion shall— 

21 (A) to the extent practicable employ proven 

22 strategies and models and draw on existing pro23 grams and activities; and 

24 (B) when novel approaches are justified, 

25 build on the most current research results; 


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1 (3) allows for some portion of funds allocated to 

2 broader impacts under a research grant to be used for 

3 assessment and evaluation of the broader impacts ac4 tivity; 

5 (4) encourages institutions of higher education 

6 and other nonprofit education or research organiza7 tions to develop and provide, either as individual in8 stitutions or in partnerships thereof, appropriate 

9 training and programs to assist Foundation-funded 

10 principal investigators at their institutions in achiev11 ing the goals of the Broader Impacts Review Criterion 

12 as described in subsection (a); and 

13 (5) requires principal investigators applying for 

14 Foundation research grants to provide evidence of in15 stitutional support for the portion of the investigator’s 

16 proposal designed to satisfy the Broader Impacts Re17 view Criterion, including evidence of relevant train18 ing, programs, and other institutional resources 

19 available to the investigator from either their home 

20 institution or organization or another institution or 

21 organization with relevant expertise. 

22 SEC. 215. NATIONAL CENTER FOR SCIENCE AND ENGINEER23 ING STATISTICS. 

24 (a) ESTABLISHMENT.—There is established within the 

25 Foundation a National Center for Science and Engineering 


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1 Statistics (in this section referred to as the ‘‘Center’’), that 

2 shall serve as a central Federal clearinghouse for the collec3 tion, interpretation, analysis, and dissemination of objec4 tive data on science, engineering, technology, and research 

5 and development. 

6 (b) DUTIES.—In carrying out subsection (a) of this 

7 section, the Director, acting through the Center shall— 

8 (1) collect, acquire, analyze, report, and dissemi9 nate statistical data related to the science and engi10 neering enterprise in the United States and other na11 tions that is relevant and useful to practitioners, re12 searchers, policymakers, and the public, including 

13 statistical data on— 

14 (A) research and development trends; 

15 (B) the science and engineering workforce; 

16 (C) United States competitiveness in 

17 science, engineering, technology, and research 

18 and development; and 

19 (D) the condition and progress of United 

20 States STEM education; 

21 (2) support research using the data it collects, 

22 and on methodologies in areas related to the work of 

23 the Center; and 


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1 (3) support the education and training of re2 searchers in the use of large-scale, nationally rep3 resentative data sets. 

4 (c) STATISTICAL REPORTS.—The Director or the Na5 tional Science Board, acting through the Center, shall issue 

6 regular, and as necessary, special statistical reports on top7 ics related to the national and international science and 

8 engineering enterprise such as the biennial report required 

9 by section 4 (j)(1) of the National Science Foundation Act 

10 of 1950 (42 U.S.C. 1863(j)(1)) on indicators of the state 

11 of science and engineering in the United States. 

12 SEC. 216. COLLECTION OF DATA ON DEMOGRAPHICS OF 

13 FACULTY. 

14 (a) COLLECTION OF DATA.—The Director shall report, 

15 in conjunction with the biennial report required under sec16 tion 37 of the Science and Engineering Equal Opportuni17 ties Act (42 U.S.C.19 1885d), statistical summary data on 

18 the demographics of STEM discipline faculty at institu19 tions of higher education in the United States. At a min20 imum, the Director shall consider— 

21 (1) the number and percent of faculty by gender, 

22 race, and age; 

23 (2) the number and percent of faculty at each 

24 rank, by gender, race, and age; 


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1 (3) the number and percent of faculty who are 

2 in nontenure-track positions, including teaching and 

3 research, by gender, race, and age; 

4 (4) the number of faculty who are reviewed for 

5 promotion, including tenure, and the percentage of 

6 that number who are promoted, by gender, race, and 

7 age; 

8 (5) faculty years in rank by gender, race, and 

9 age; 

10 (6) faculty attrition by gender, race, and age; 

11 (7) the number and percent of faculty hired by 

12 rank, gender, race, and age; and 

13 (8) the number and percent of faculty in leader14 ship positions, including endowed or named chairs, 

15 serving on promotion and tenure committees, by gen16 der, race, and age. 

17 (b) RECOMMENDATIONS.—The Director shall solicit 

18 input and recommendations from relevant stakeholders, in19 cluding representatives from institutions of higher edu20 cation and nonprofit organizations, on the collection of data 

21 required under subsection (a), including the development of 

22 standard definitions on the terms and categories to be used 

23 in the collection of such data. 

24 (c) REPORT TO CONGRESS.—Not later than 2 years 

25 after the date of enactment of this Act, the Director shall 


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1 submit a report to Congress on how the Foundation will 

2 gather the demographic data on STEM faculty, including— 

3 (1) a description of the data to be reported and 

4 the sources of those data; 

5 (2) justification for the exclusion of any data de6 scribed in paragraph (1); and 

7 (3) a list of the definitions for the terms and cat8 egories, such as ‘‘faculty’’ and ‘‘leadership positions’’, 

9 to be applied in the reporting of all data described in 

10 paragraph (1). 

11 Subtitle B—Research and 

12 Innovation 

13 SEC. 221. SUPPORT FOR POTENTIALLY TRANSFORMATIVE 

14 RESEARCH. 

15 (a) POLICY.—The Director shall establish a policy that 

16 requires the Foundation to use at least 5 percent of its re17 search budget to fund high-risk, high-reward basic research 

18 proposals. Support for facilities and infrastructure, includ19 ing preconstruction design and operations and mainte20 nance of major research facilities, shall not be counted as 

21 part of the research budget for the purposes of this section. 

22 (b) IMPLEMENTATION.—In implementing such policy, 

23 the Foundation may— 

24 (1) develop solicitations specifically for high-risk, 

25 high-reward basic research; 


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1 (2) establish review panels for the primary pur2 pose of selecting high-risk, high-reward proposals or 

3 modify instructions to standard review panels to re4 quire identification of high-risk, high-reward pro5 posals; and 

6 (3) support workshops and participate in con7 ferences with the primary purpose of identifying new 

8 opportunities for high-risk, high-reward basic re9 search, especially at interdisciplinary interfaces. 

10 (c) DEFINITION.—For purposes of this section, the 

11 term ‘‘high-risk, high-reward basic research’’ means re12 search driven by ideas that have the potential to radically 

13 change our understanding of an important existing sci14 entific or engineering concept, or leading to the creation 

15 of a new paradigm or field of science or engineering, and 

16 that is characterized by its challenge to current under17 standing or its pathway to new frontiers. 

18 SEC. 222. FACILITATING INTERDISCIPLINARY COLLABORA19 TIONS FOR NATIONAL NEEDS. 

20 (a) IN GENERAL.—The Director shall award competi21 tive, merit-based awards in amounts not to exceed 

22 $5,000,000 over a period of up to 5 years to interdiscipli23 nary research collaborations that are likely to assist in ad24 dressing critical challenges to national security, competi25 tiveness, and societal well-being and that— 


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1 (1) involve at least 2 co-equal principal inves2 tigators at the same or different institutions; 

3 (2) draw upon well-integrated, diverse teams of 

4 investigators, including students or postdoctoral re5 searchers, from one or more disciplines; and 

6 (3) foster creativity and pursue high-risk, high7 reward research. 

8 (b) PRIORITY.—In selecting grant recipients under 

9 this section, the Director shall give priority to applicants 

10 that propose to utilize advances in cyberinfrastructure and 

11 simulation-based science and engineering. 

12 SEC. 223. NATIONAL SCIENCE FOUNDATION MANUFAC13 TURING RESEARCH AND EDUCATION. 

14 (a) MANUFACTURING RESEARCH.—The Director shall 

15 carry out a program to award merit-reviewed, competitive 

16 grants to institutions of higher education to support funda17 mental research leading to transformative advances in 

18 manufacturing technologies, processes, and enterprises that 

19 will support United States manufacturing through im20 proved performance, productivity, sustainability, and com21 petitiveness. Research areas may include— 

22 (1) nanomanufacturing; 

23 (2) manufacturing and construction machines 

24 and equipment, including robotics, automation, and 

25 other intelligent systems; 


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1 (3) manufacturing enterprise systems; 

2 (4) advanced sensing and control techniques; 

3 (5) materials processing; and 

4 (6) information technologies for manufacturing, 

5 including predictive and real-time models and sim6 ulations, and virtual manufacturing. 

7 (b) MANUFACTURING EDUCATION.—In order to help 

8 ensure a well-trained manufacturing workforce, the Direc9 tor shall award grants to strengthen and expand scientific 

10 and technical education and training in advanced manu11 facturing, including through the Foundation’s Advanced 

12 Technological Education program. 

13 SEC. 224. STRENGTHENING INSTITUTIONAL RESEARCH 

14 PARTNERSHIPS. 

15 (a) IN GENERAL.—For any Foundation research 

16 grant, in an amount greater than $2,000,000, to be carried 

17 out through a partnership that includes one or more minor18 ity-serving institutions or predominantly undergraduate 

19 institutions and one or more institutions described in sub20 section (b), the Director shall award funds directly, accord21 ing to the budget justification described in the grant pro22 posal, to at least two of the institutions of higher education 

23 in the partnership, including at least one minority-serving 

24 institution or one predominantly undergraduate institu25 tion, to ensure a strong and equitable partnership. 


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1 (b) INSTITUTIONS.—The institutions referred to in 

2 subsection (a) are institutions of higher education that are 

3 among the 100 institutions receiving, over the 3-year period 

4 immediately preceding the awarding of grants, the highest 

5 amount of research funding from the Foundation. 

6 SEC. 225. NATIONAL SCIENCE BOARD REPORT ON MID7 SCALE INSTRUMENTATION. 

8 (a) MID-SCALE RESEARCH INSTRUMENTATION

9 NEEDS.—The National Science Board shall evaluate the 

10 needs, across all disciplines supported by the Foundation, 

11 for mid-scale research instrumentation that falls between 

12 the instruments funded by the Major Research Instrumenta13 tion program and the very large projects funded by the 

14 Major Research Equipment and Facilities Construction 

15 program. 

16 (b) REPORT ON MID-SCALE RESEARCH INSTRUMENTA17 TION PROGRAM.—Not later than 1 year after the date of 

18 enactment of this Act, the National Science Board shall sub19 mit to Congress a report on mid-scale research instrumenta20 tion at the Foundation. At a minimum, this report shall 

21 include— 

22 (1) the findings from the Board’s evaluation of 

23 instrumentation needs required under subsection (a), 

24 including a description of differences across dis25 ciplines and Foundation research directorates; 


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1 (2) a recommendation or recommendations re2 garding how the Foundation should set priorities for 

3 mid-scale instrumentation across disciplines and 

4 Foundation research directorates; 

5 (3) a recommendation or recommendations re6 garding the appropriateness of expanding existing 

7 programs, including the Major Research Instrumenta8 tion program or the Major Research Equipment and 

9 Facilities Construction program, to support more in10 strumentation at the mid-scale; 

11 (4) a recommendation or recommendations re12 garding the need for and appropriateness of a new, 

13 Foundation-wide program or initiative in support of 

14 mid-scale instrumentation, including any rec15 ommendations regarding the administration of and 

16 budget for such a program or initiative and the ap17 propriate scope of instruments to be funded under 

18 such a program or initiative; and 

19 (5) any recommendation or recommendations re20 garding other options for supporting mid-scale re21 search instrumentation at the Foundation. 


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1 SEC. 226. SENSE OF CONGRESS ON OVERALL SUPPORT FOR 

2 RESEARCH INFRASTRUCTURE AT THE FOUN3 DATION. 

4 It is the sense of Congress that the Foundation should 

5 strive to keep the percentage of the Foundation budget de6 voted to research infrastructure in the range of 24 to 27 

7 percent, as recommended in the 2003 National Science 

8 Board report entitled ‘‘Science and Engineering Infrastruc9 ture for the 21st Century’’. 

10 SEC. 227. PARTNERSHIPS FOR INNOVATION. 

11 (a) IN GENERAL.—The Director shall carry out a pro12 gram to award merit-reviewed, competitive grants to insti13 tutions of higher education to establish and to expand part14 nerships that promote innovation and increase the economic 

15 and social impact of research by developing tools and re16 sources to connect new scientific discoveries to practical 

17 uses. 

18 (b) PARTNERSHIPS.— 

19 (1) IN GENERAL.—To be eligible for funding 

20 under this section, an institution of higher education 

21 must propose establishment of a partnership that— 

22 (A) includes at least one private sector enti23 ty; and 

24 (B) may include other institutions of higher 

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1 tor entities, and social enterprise nonprofit orga2 nizations. 

3 (2) PRIORITY.—In selecting grant recipients 

4 under this section, the Director shall give priority to 

5 partnerships that include one or more institutions of 

6 higher education that are among the 100 institutions 

7 receiving, over the 3-year period immediately pre8 ceding the awarding of grants, the highest amount of 

9 research funding from the Foundation and at least 

10 one of the following: 

11 (A) A minority serving institution. 

12 (B) A primarily undergraduate institution. 

13 (C) A 2-year institution of higher edu14 cation. 

15 (c) PROGRAM.—Proposals funded under this section 

16 shall seek to— 

17 (1) increase the economic or social impact of the 

18 most promising research at the institution or institu19 tions of higher education that are members of the 

20 partnership through knowledge transfer or commer21 cialization; 

22 (2) increase the engagement of faculty and stu23 dents across multiple disciplines and departments, in24 cluding faculty and students in schools of business 


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1 and other appropriate non-STEM fields and dis2 ciplines in knowledge transfer activities; 

3 (3) enhance education and mentoring of students 

4 and faculty in innovation and entrepreneurship 

5 through networks, courses, and development of best 

6 practices and curricula; 

7 (4) strengthen the culture of the institution or 

8 institutions of higher education to undertake and par9 ticipate in activities related to innovation and lead10 ing to economic or social impact; 

11 (5) broaden the participation of all types of in12 stitutions of higher education in activities to meet 

13 STEM workforce needs and promote innovation and 

14 knowledge transfer; and 

15 (6) build lasting partnerships with local and re16 gional businesses, local and State governments, and 

17 other relevant entities. 

18 (d) ADDITIONAL CRITERIA.—In selecting grant recipi19 ents under this section, the Director shall also consider the 

20 extent to which the applicants are able to demonstrate evi21 dence of institutional support for, and commitment to— 

22 (1) achieving the goals of the program as de23 scribed in subsection (c); 


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1 (2) expansion to an institution-wide program if 

2 the initial proposal is not for an institution-wide 

3 program; and 

4 (3) sustaining any new innovation tools and re5 sources generated from funding under this program. 

6 (e) LIMITATION.—No funds provided under this section 

7 may be used to construct or renovate a building or struc8 ture. 

9 SEC. 228. PRIZE AWARDS. 

10 (a) SHORT TITLE.—This section may be cited as the 

11 ‘‘Generating Extraordinary New Innovations in the United 

12 States Act of 2010’’. 

13 (b) IN GENERAL.—The Director shall carry out a pilot 

14 program to award innovation inducement cash prizes in 

15 any area of research supported by the Foundation. The Di16 rector may carry out a program of cash prizes only in con17 formity with this section. 

18 (c) TOPICS.—In identifying topics for prize competi19 tions under this section, the Director shall— 

20 (1) consult widely both within and outside the 

21 Federal Government; 

22 (2) give priority to high-risk, high-reward re23 search challenges and to problems whose solution 

24 could improve the economic competitiveness of the 

25 United States; and 


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1 (3) give consideration to the extent to which the 

2 topics have the potential to raise public awareness 

3 about federally sponsored research. 

4 (d) TYPES OF CONTESTS.—The Director shall consider 

5 all categories of innovation inducement prizes, including— 

6 (1) contests in which the award is to the first 

7 team or individual who accomplishes a stated objec8 tive; and 

9 (2) contests in which the winner is the team or 

10 individual who comes closest to achieving an objective 

11 within a specified time. 

12 (e) ADVERTISING AND ANNOUNCEMENT.— 

13 (1) ADVERTISING AND SOLICITATION OF COM14 PETITORS.—The Director shall widely advertise prize 

15 competitions to encourage broad participation, in16 cluding by individuals, institutions of higher edu17 cation, nonprofit organizations, and businesses. 

18 (2) ANNOUNCEMENT THROUGH FEDERAL REG19 ISTER NOTICE.—The Director shall announce each 

20 prize competition by publishing a notice in the Fed21 eral Register. This notice shall include the subject of 

22 the competition, the duration of the competition, the 

23 eligibility requirements for participation in the com24 petition, the process for participants to register for 

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1 teria for awarding the prize, including the method by 

2 which the prize winner or winners will be selected. 

3 (3) TIME TO ANNOUNCEMENT.—The Director 

4 shall announce a prize competition within 18 months 

5 after receipt of appropriated funds. 

6 (f) FUNDING.— 

7 (1) FUNDING SOURCES.—Prizes under this sec8 tion shall consist of Federal appropriated funds and 

9 any funds raised pursuant to donations authorized 

10 under section 11(f) of the National Science Founda11 tion Act of 1950 (42 U.S.C. 1870(f)) for specific prize 

12 competitions. 

13 (2) ANNOUNCEMENT OF PRIZES.—The Director 

14 may not issue a notice as required by subsection 

15 (e)(2) until all of the funds needed to pay out the an16 nounced amount of the prize have been appropriated 

17 or committed in writing by another entity pursuant 

18 to paragraph (1). 

19 (g) ELIGIBILITY.—To be eligible to win a prize under 

20 this section, an individual or entity— 

21 (1) shall have complied with all of the require22 ments under this section; 

23 (2) in the case of a private entity, shall be incor24 porated in and maintain a primary place of business 

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1 vidual, whether participating singly or in a group, 

2 shall be a United States citizen or national, or an 

3 alien lawfully admitted to the United States for per4 manent residence; 

5 (3) shall not be a Federal entity, a Federal em6 ployee acting within the scope of his or her employ7 ment, or a person employed at a Federal laboratory 

8 acting within the scope of his or her employment; and 

9 (4) shall not have utilized Federal funds to en10 gage in the research for which the prize is being 

11 awarded. 

12 (h) AWARDS.— 

13 (1) NUMBER OF COMPETITIONS.—The Director 

14 may announce up to 5 prize competitions through the 

15 end of fiscal year 2013. 

16 (2) SIZE OF AWARD.—The Director may deter17 mine the amount of each prize award based on the 

18 prize topic, but no award shall be less than 

19 $1,000,000 or greater than $3,000,000. 

20 (3) SELECTING WINNERS.—The Director may 

21 convene an expert panel to select a winner of a prize 

22 competition. If the panel is unable to select a winner, 

23 the Director shall determine the winner of the prize. 


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1 (4) PUBLIC OUTREACH.—The Director shall pub2 licly award prizes utilizing the Foundation’s existing 

3 public affairs and public outreach resources. 

4 (i) ADMINISTERING THE COMPETITION.—The Director 

5 may enter into an agreement with a private, nonprofit enti6 ty to administer the prize competition, subject to the provi7 sions of this section. 

8 (j) INTELLECTUAL PROPERTY.—The Federal Govern9 ment shall not, by virtue of offering or awarding a prize 

10 under this section, be entitled to any intellectual property 

11 rights derived as a consequence of, or in direct relation to, 

12 the participation by a registered participant in a competi13 tion authorized by this section. This subsection shall not 

14 be construed to prevent the Federal Government from nego15 tiating a license for the use of intellectual property devel16 oped for a prize competition under this section. 

17 (k) LIABILITY.—The Director may require a registered 

18 participant in a prize competition under this section to 

19 waive liability against the Federal Government for injuries 

20 and damages that result from participation in such com21 petition. 

22 (l) NONSUBSTITUTION.—Any programs created under 

23 this section shall not be considered a substitute for Federal 

24 research and development programs. 


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1 (m) REPORTING REQUIREMENT.—Not later than 5 

2 years after the date of enactment of this Act, the National 

3 Science Board shall transmit to Congress a report con4 taining the results of a review and assessment of the pilot 

5 program under this section, including— 

6 (1) a description of the nature and status of all 

7 completed or ongoing prize competitions carried out 

8 under this section, including any scientific achieve9 ments, publications, intellectual property, or commer10 cialized technology that resulted from such competi11 tions; 

12 (2) any recommendations regarding changes to, 

13 the termination of, or continuation of the pilot pro14 gram; 

15 (3) an analysis of whether the program is at16 tracting contestants more diverse than the Founda17 tion’s traditional academic constituency; 

18 (4) an analysis of whether public awareness of 

19 innovation or of the goal of the particular prize or 

20 prizes is enhanced; 

21 (5) an analysis of whether the Foundation’s pub22 lic image or ability to increase public scientific lit23 eracy is enhanced through the use of innovation in24 ducement prizes; and 


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1 (6) an analysis of the extent to which private 

2 funds are being used to support registered partici3 pants. 

4 (n) EARLY TERMINATION OF CONTESTS.—The Direc5 tor shall terminate a prize contest before any registered par6 ticipant wins if the Director determines that an unregis7 tered entity has produced an innovation that would other8 wise have qualified for the prize award. 

9 (o) AUTHORIZATION OF APPROPRIATIONS.— 

10 (1) IN GENERAL.— 

11 (A) AWARDS.—There are authorized to be 

12 appropriated to the Director for the period en13 compassing fiscal years 2011 through 2013 

14 $12,000,000 for carrying out this section. 

15 (B) ADMINISTRATION.—Of the amounts au16 thorized in subparagraph (A), not more than 15 

17 percent for each fiscal year shall be available for 

18 the administrative costs of carrying out this sec19 tion. 

20 (2) CARRYOVER OF FUNDS.—Funds appropriated 

21 for prize awards under this section shall remain 

22 available until expended, and may be transferred, re23 programmed, or expended for other purposes as au24 thorized by law only after the expiration of 7 fiscal 

25 years after the fiscal year for which the funds were 


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1 originally appropriated. No provision in this section 

2 permits obligation or payment of funds in violation 

3 of section 1341 of title 31 of the United States Code 

4 (commonly referred to as the Anti-Deficiency Act). 

5 Subtitle C—STEM Education and 

6 Workforce Training 

7 SEC. 241. GRADUATE STUDENT SUPPORT. 

8 (a) FINDING.—The Congress finds that— 

9 (1) the Integrative Graduate Education and Re10 search Traineeship program is an important program 

11 for training the next generation of scientists and engi12 neers in team-based interdisciplinary research and 

13 problem solving, and for providing them with the 

14 many additional skills, such as communication skills, 

15 needed to thrive in diverse STEM careers; and 

16 (2) the Integrative Graduate Education and Re17 search Traineeship program is no less valuable to the 

18 preparation and support of graduate students than 

19 the Foundation’s Graduate Research Fellowship pro20 gram. 

21 (b) EQUAL TREATMENT OF IGERT AND GRF.—Be22 ginning in fiscal year 2011, the Director shall increase or, 

23 if necessary, decrease funding for the Foundation’s Integra24 tive Graduate Education and Research Traineeship pro25 gram (or any program by which it is replaced) at least 


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1 at the same rate as it increases or decreases funding for 

2 the Graduate Research Fellowship program. 

3 (c) SUPPORT FOR GRADUATE STUDENT RESEARCH

4 FROM THE RESEARCH ACCOUNT.—For each of the fiscal 

5 years 2011 through 2015, at least 50 percent of the total 

6 Foundation funds allocated to the Integrative Graduate 

7 Education and Research Traineeship program and the 

8 Graduate Research Fellowship program shall come from 

9 funds appropriated for Research and Related Activities. 

10 (d) COST OF EDUCATION ALLOWANCE FOR GRF PRO11 GRAM.—Section 10 of the National Science Foundation Act 

12 of 1950 (42 U.S.C. 1869) is amended— 

13 (1) by inserting ‘‘(a)’’ before ‘‘The Foundation is 

14 authorized’’; and 

15 (2) by adding at the end the following new sub16 section: 

17 ‘‘(b) The Director shall establish for each year the 

18 amount to be awarded for scholarships and fellowships 

19 under this section for that year. Each such scholarship and 

20 fellowship shall include a cost of education allowance of 

21 $12,000, subject to any restrictions on the use of cost of edu22 cation allowance as determined by the Director.’’. 


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1 SEC. 242. POSTDOCTORAL FELLOWSHIP IN STEM EDU2 CATION RESEARCH. 

3 (a) IN GENERAL.—The Director shall establish 

4 postdoctoral fellowships in STEM education research to 

5 provide recent doctoral degree graduates in STEM fields 

6 with the necessary skills to assume leadership roles in 

7 STEM education research, program development, and eval8 uation in our Nation’s diverse educational institutions. 

9 (b) AWARDS.— 

10 (1) DURATION.—Fellowships may be awarded 

11 under this section for a period of up to 24 months in 

12 duration, renewable for an additional 12 months. The 

13 Director shall establish criteria for eligibility for re14 newal of the fellowship. 

15 (2) STIPEND.—The Director shall determine the 

16 amount of the award for a fellowship, which shall in17 clude a stipend and a research allowance, and may 

18 include an educational allowance. 

19 (3) LOCATION.—A fellowship shall be awarded 

20 for research at any institution of higher education 

21 that offers degrees in fields supported by the Founda22 tion, or at any institution or organization that the 

23 Director determines is eligible for education research 

24 grants from the Foundation. 

25 (4) NUMBER OF AWARDS.—The Director may 

26 award up to 20 new fellowships per year. 


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1 (c) RESEARCH.—Fellowships under this section shall 

2 be awarded for research on STEM education at any edu3 cational level, including grades pre-K-12, undergraduate, 

4 graduate, and general public education, in both formal and 

5 informal settings. Research topics may include— 

6 (1) learning processes and progressions; 

7 (2) knowledge transfer, including curriculum de8 velopment; 

9 (3) uses of technology as teaching and learning 

10 tools; 

11 (4) integrating STEM fields; and 

12 (5) assessment of student learning and program 

13 evaluation. 

14 (d) ELIGIBILITY.—To be eligible for a fellowship under 

15 this section, an individual must— 

16 (1) be a United States citizen or national, or an 

17 alien lawfully admitted to the United States for per18 manent residence, at the time of application; and 

19 (2) have received a doctoral degree in one of the 

20 STEM fields supported by the Foundation within 3 

21 years prior to the fellowship application deadline. 


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1 SEC. 243. ROBERT NOYCE TEACHER SCHOLARSHIP PRO2 GRAM. 

3 Section 10A of the National Science Foundation Au4 thorization Act of 2002 (42 U.S.C. 1862n–1a) is amended 

5 in subsection (h)(1) by— 

6 (1) striking ‘‘50’’ and inserting ‘‘30’’; and 

7 (2) striking ‘‘which may be provided in cash or 

8 in-kind’’ and inserting ‘‘which shall be provided in 

9 cash’’. 

10 SEC. 244. INSTITUTIONS SERVING PERSONS WITH DISABIL11 ITIES. 

12 For the purposes of the activities and programs sup13 ported by the Foundation, institutions of higher education 

14 chartered to serve large numbers of students with disabil15 ities, including Gallaudet University, Landmark College, 

16 and the National Technical Institute for the Deaf, shall 

17 have a designation consistent with the designation for other 

18 institutions that serve populations underrepresented in 

19 STEM to ensure that institutions of higher education char20 tered to serve persons with disabilities can benefit from 

21 STEM bridge programs and from research partnerships 

22 with major research universities. Nothing in this section 

23 shall be construed to amend or otherwise affect any of the 

24 definitions for minority-serving institutions under title III 

25 or title V of the Higher Education Act of 1965. 


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1 SEC. 245. INSTITUTIONAL INTEGRATION. 

2 (a) INNOVATION THROUGH INSTITUTIONAL INTEGRA3 TION.—The Director shall award grants for the institu4 tional integration of projects funded by the Foundation 

5 with a focus on education, or on broadening participation 

6 in STEM by underrepresented groups, for the purpose of 

7 increasing collaboration and coordination across funded 

8 projects and institutions and expanding the impact of such 

9 projects within and among institutions of higher education 

10 in an innovative and sustainable manner. 

11 (b) PROGRAM ACTIVITIES.—The program under this 

12 section shall support integrative activities that involve the 

13 strategic and innovative combination of Foundation-funded 

14 projects and that provide for— 

15 (1) additional opportunities to increase the re16 cruitment, retention, and degree attainment of under17 represented groups in STEM disciplines; 

18 (2) the inclusion of programming, practices, and 

19 policies that encourage the integration of education 

20 and research; 

21 (3) seamless transitions from one educational 

22 level to another; and 

23 (4) other activities that expand and deepen the 

24 impact of Foundation-funded projects with a focus on 

25 education, or on broadening participation in STEM 


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1 by underrepresented groups, and enhance their sus2 tainability. 

3 (c) REVIEW CRITERIA.—In selecting recipients of 

4 grants under this section, the Director shall consider at a 

5 minimum— 

6 (1) the extent to which the proposed project ad7 dresses the goals of project and program integration 

8 and adds value to the existing funded projects; 

9 (2) the extent to which there is a proven record 

10 of success for the existing projects on which the pro11 posed integration project is based; and 

12 (3) the extent to which the proposed project ad13 dresses the modification of programming, practices, 

14 and policies necessary to achieve the purpose de15 scribed in subsection (a). 

16 (d) PRIORITY.—In selecting recipients of grants under 

17 this section, the Director shall give priority to proposals 

18 for which a senior institutional administrator, including 

19 a dean or other administrator of equal or higher rank, 

20 serves as the principal investigator. 

21 SEC. 246. POSTDOCTORAL RESEARCH FELLOWSHIPS. 

22 (a) IN GENERAL.—The Director shall establish a 

23 Foundation-wide postdoctoral research fellowship program, 

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1 lowships in any field of research supported by the Founda2 tion. 

3 (b) DURATION AND AMOUNT.—Fellowships may be 

4 awarded under this section for a period of up to 3 years 

5 in duration. The Director shall determine the amount of 

6 the award for a fellowship, which shall include a stipend 

7 and a research allowance, and may include an educational 

8 allowance. 

9 (c) ELIGIBILITY.—To be eligible to receive a fellowship 

10 under this section, an individual— 

11 (1) must be a United States citizen or national, 

12 or an alien lawfully admitted to the United States for 

13 permanent residence, at the time of application; 

14 (2) must have received a doctoral degree in any 

15 field of research supported by the Foundation within 

16 3 years prior to the fellowship application deadline, 

17 or will complete a doctoral degree no more than 1 

18 year after the application deadline; and 

19 (3) may not have previously received funding as 

20 the principal investigator of a research grant from the 

21 Foundation, unless such funding was received as a 

22 graduate student. 

23 (d) PRIORITY.—In evaluating applications for fellow24 ships under this section, the Director shall give priority to 

25 applications that include— 


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1 (1) proposals for interdisciplinary research; or 

2 (2) proposals for high-risk, high-reward research. 

3 (e) ADDITIONAL CONSIDERATIONS.—In evaluating ap4 plications for fellowships under this section, the Director 

5 shall give consideration to the goal of promoting the partici6 pation of individuals identified in section 33 or 34 of the 

7 Science and Engineering Equal Opportunities Act (42 

8 U.S.C. 1885a or 1885b). 

9 (f) NONSUBSTITUTION.—The fellowship program au10 thorized under this section is not intended to replace or re11 duce support for postdoctoral research through existing pro12 grams at the Foundation. 

13 SEC. 247. BROADENING PARTICIPATION TRAINING AND 

14 OUTREACH. 

15 The Director shall provide education and training— 

16 (1) to Foundation staff and grant proposal re17 view panels on effective mechanisms and tools for 

18 broadening participation in STEM by underrep19 resented groups, including reviewer selection and 

20 mitigation of implicit bias in the review process; and 

21 (2) to Foundation staff on related outreach ap22 proaches. 


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1 SEC. 248. TRANSFORMING UNDERGRADUATE EDUCATION 

2 IN STEM. 

3 Section 17 of the National Science Foundation Author4 ization Act of 2002 (42 U.S.C. 1862n–6) is amended to read 

5 as follows: 

6 ‘‘SEC. 17. TRANSFORMING UNDERGRADUATE EDUCATION IN 

7 STEM. 

8 ‘‘(a) IN GENERAL.—The Director shall award grants, 

9 on a competitive, merit-reviewed basis, to institutions of 

10 higher education (or to consortia thereof) to reform under11 graduate STEM education for the purpose of increasing the 

12 number and quality of students studying toward and com13 pleting baccalaureate degrees in STEM and improving the 

14 STEM learning outcomes for all undergraduate students, 

15 including through— 

16 ‘‘(1) development, implementation, and assess17 ment of innovative, research-based approaches to 

18 transforming the teaching and learning of discipli19 nary or interdisciplinary STEM at the under20 graduate level; and 

21 ‘‘(2) expansion of successful STEM reform efforts 

22 beyond a single course or group of courses to achieve 

23 reform within an entire academic unit, or expansion 

24 of successful reform efforts beyond a single academic 

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1 tution or to comparable academic units at other insti2 tutions. 

3 ‘‘(b) USES OF FUNDS.—Activities supported by grants 

4 under this section may include— 

5 ‘‘(1) creation of multidisciplinary or inter6 disciplinary courses or programs that formalize col7 laborations for the purpose of improved student in8 struction and research in STEM; 

9 ‘‘(2) expansion of undergraduate STEM research 

10 opportunities to include interdisciplinary research 

11 opportunities and research opportunities in industry, 

12 at Federal labs, and at international research institu13 tions or research sites; 

14 ‘‘(3) implementation or expansion of bridge pro15 grams, including programs that address student tran16 sition from 2-year to 4-year institutions, and cohort, 

17 tutoring, or mentoring programs proven to enhance 

18 student recruitment or persistence to degree comple19 tion in STEM, including recruitment or persistence 

20 to degree completion of individuals identified in sec21 tion 33 or 34 of the Science and Engineering Equal 

22 Opportunities Act (42 U.S.C. 1885a or 1885b); 

23 ‘‘(4) improvement of undergraduate STEM edu24 cation for nonmajors, including education majors; 


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1 ‘‘(5) implementation of evidence-based, tech2 nology-driven reform efforts that directly impact un3 dergraduate STEM instruction or research experi4 ences; 

5 ‘‘(6) development and implementation of faculty 

6 and graduate teaching assistant development pro7 grams focused on improved instruction, mentoring, 

8 assessment of student learning, and support of under9 graduate STEM students; 

10 ‘‘(7) support for graduate students and 

11 postdoctoral fellows to participate in instructional or 

12 assessment activities at primarily undergraduate in13 stitutions; 

14 ‘‘(8) research on teaching and learning of STEM 

15 at the undergraduate level related to the proposed re16 form effort, including assessment and evaluation of 

17 the proposed reform activities, research on scalability 

18 and sustainability of approaches to reform, and devel19 opment and implementation of longitudinal studies of 

20 students included in the proposed reform effort; and 

21 ‘‘(9) support for initiatives that advance the in22 tegration of global challenges such as sustainability 

23 into disciplinary and interdisciplinary STEM edu24 cation. 


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1 ‘‘(c) PARTNERSHIP.—An institution of higher edu2 cation may partner with one or more other nonprofit edu3 cation or research organizations, including scientific and 

4 engineering societies, for the purposes of carrying out the 

5 activities authorized under this section. 

6 ‘‘(d) SELECTION PROCESS.— 

7 ‘‘(1) APPLICATIONS.—An institution of higher 

8 education seeking a grant under this section shall 

9 submit an application to the Director at such time, 

10 in such manner, and containing such information as 

11 the Director may require. The application shall in12 clude, at a minimum— 

13 ‘‘(A) a description of the proposed reform 

14 effort; 

15 ‘‘(B) a description of the research findings 

16 that will serve as the basis for the proposed re17 form effort or, in the case of applications that 

18 propose an expansion of a previously imple19 mented reform effort, a description of the pre20 viously implemented reform effort, including in21 dicators of success such as data on student re22 cruitment, persistence to degree completion, and 

23 academic achievement; 

24 ‘‘(C) evidence of institutional support for, 

25 and commitment to, the proposed reform effort, 


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1 including long-term commitment to implement 

2 successful strategies from the current reform ef3 fort beyond the academic unit or units included 

4 in the grant proposal or to disseminate successful 

5 strategies to other institutions; 

6 ‘‘(D) a description of existing or planned 

7 institutional policies and practices regarding 

8 faculty hiring, promotion, tenure, and teaching 

9 assignment that reward faculty contributions to 

10 undergraduate STEM education; and 

11 ‘‘(E) a description of the plans for assess12 ment and evaluation of the proposed reform ac13 tivities, including evidence of participation by 

14 individuals with experience in assessment and 

15 evaluation of teaching and learning programs. 

16 ‘‘(2) REVIEW OF APPLICATIONS.—In selecting 

17 grant recipients under this section, the Director shall 

18 consider at a minimum— 

19 ‘‘(A) the likelihood of success in undertaking 

20 the proposed effort at the institution submitting 

21 the application, including the extent to which the 

22 faculty, staff, and administrators of the institu23 tion are committed to making the proposed insti24 tutional reform a priority of the participating 

25 academic unit or units; 


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1 ‘‘(B) the degree to which the proposed re2 form will contribute to change in institutional 

3 culture and policy such that a greater value is 

4 placed on faculty engagement in undergraduate 

5 education; 

6 ‘‘(C) the likelihood that the institution will 

7 sustain or expand the reform beyond the period 

8 of the grant; and 

9 ‘‘(D) the degree to which scholarly assess10 ment and evaluation plans are included in the 

11 design of the reform effort, including the degree 

12 to which such assessment and evaluation con13 tribute to the systematic accumulation of knowl14 edge on STEM education. 

15 ‘‘(3) PRIORITY.—For proposals that include an 

16 expansion of existing reform efforts beyond a single 

17 academic unit, the Director shall give priority to pro18 posals for which a senior institutional administrator, 

19 including a dean or other administrator of equal or 

20 higher rank, serves as the principal investigator or a 

21 coprincipal investigator. 

22 ‘‘(4) GRANT DISTRIBUTION.—The Director shall 

23 ensure, to the extent practicable, that grants awarded 

24 under this section are made to a variety of types of 

25 institutions of higher education.’’. 


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1 SEC. 249. 21ST CENTURY GRADUATE EDUCATION. 

2 (a) IN GENERAL.—The Director shall award grants, 

3 on a competitive, merit-reviewed basis, to institutions of 

4 higher education to implement or expand research-based re5 forms in master’s and doctoral level STEM education that 

6 emphasize preparation for diverse careers utilizing STEM 

7 degrees, including at diverse types of institutions of higher 

8 education, in industry, and at government agencies and re9 search laboratories. 

10 (b) USES OF FUNDS.—Activities supported by grants 

11 under this section may include— 

12 (1) creation of multidisciplinary or interdiscipli13 nary courses or programs for the purpose of improved 

14 student instruction and research in STEM; 

15 (2) expansion of graduate STEM research oppor16 tunities to include interdisciplinary research opportu17 nities and research opportunities in industry, at Fed18 eral laboratories, and at international research insti19 tutions or research sites; 

20 (3) development and implementation of future 

21 faculty training programs focused on improved in22 struction, mentoring, assessment of student learning, 

23 and support of undergraduate STEM students; 

24 (4) support and training for graduate students 

25 to participate in instructional activities beyond the 

26 traditional teaching assistantship, and especially as 


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1 part of ongoing educational reform efforts, including 

2 at pre-K-12 schools, informal science education insti3 tutions, and primarily undergraduate institutions; 

4 (5) creation, improvement, or expansion of inno5 vative graduate programs such as science master’s de6 gree programs; 

7 (6) development and implementation of semi8 nars, workshops, and other professional development 

9 activities that increase the ability of graduate stu10 dents to engage in innovation, technology transfer, 

11 and entrepreneurship; 

12 (7) development and implementation of semi13 nars, workshops, and other professional development 

14 activities that increase the ability of graduate stu15 dents to effectively communicate their research find16 ings to technical audiences outside of their own dis17 cipline and to nontechnical audiences; 

18 (8) expansion of successful STEM reform efforts 

19 beyond a single academic unit to other STEM aca20 demic units within an institution or to comparable 

21 academic units at other institutions; and 

22 (9) research on teaching and learning of STEM 

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1 posed reform activities and research on scalability 

2 and sustainability of approaches to reform. 

3 (c) PARTNERSHIP.—An institution of higher education 

4 may partner with one or more other nonprofit education 

5 or research organizations, including scientific and engineer6 ing societies, for the purposes of carrying out the activities 

7 authorized under this section. 

8 (d) SELECTION PROCESS.— 

9 (1) APPLICATIONS.—An institution of higher 

10 education seeking a grant under this section shall 

11 submit an application to the Director at such time, 

12 in such manner, and containing such information as 

13 the Director may require. The application shall in14 clude, at a minimum— 

15 (A) a description of the proposed reform ef16 fort; 

17 (B) in the case of applications that propose 

18 an expansion of a previously implemented re19 form effort at the applicant’s institution or at 

20 other institutions, a description of the previously 

21 implemented reform effort; 

22 (C) evidence of institutional support for, 

23 and commitment to, the proposed reform effort, 

24 including long-term commitment to implement 

25 successful strategies from the current reform efVerDate Mar 15 2010 21:37 May 07, 2010 Jkt 089200 PO 00000 Frm 00115 Fmt 6652 Sfmt 6203 E:\BILLS\H5116.RH H5116

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1 fort beyond the academic unit or units included 

2 in the grant proposal or to disseminate successful 

3 strategies to other institutions; and 

4 (D) a description of the plans for assess5 ment and evaluation of the grant proposed re6 form activities. 

7 (2) REVIEW OF APPLICATIONS.—In selecting 

8 grant recipients under this section, the Director shall 

9 consider at a minimum— 

10 (A) the likelihood of success in undertaking 

11 the proposed effort at the institution submitting 

12 the application, including the extent to which the 

13 faculty, staff, and administrators of the institu14 tion are committed to making the proposed insti15 tutional reform a priority of the participating 

16 academic unit or units; 

17 (B) the degree to which the proposed reform 

18 will contribute to change in institutional culture 

19 and policy such that a greater value is placed on 

20 preparing graduate students for diverse careers 

21 utilizing STEM degrees; 

22 (C) the likelihood that the institution will 

23 sustain or expand the reform beyond the period 

24 of the grant; and 


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1 (D) the degree to which scholarly assessment 

2 and evaluation plans are included in the design 

3 of the reform effort. 

4 (e) REPEAL.—Section 7034 of the America COM5 PETES Act (42 U.S.C. 1862o–13) is repealed. 

6 SEC. 250. UNDERGRADUATE BROADENING PARTICIPATION 

7 PROGRAM. 

8 (a) UNDERGRADUATE BROADENING PARTICIPATION

9 PROGRAM.—The Foundation shall continue to support the 

10 Historically Black Colleges and Universities Undergraduate 

11 Program, the Louis Stokes Alliances for Minority Partici12 pation program, and the Tribal Colleges and Universities 

13 Program as separate programs at least through September 

14 30, 2011. 

15 (b) PLAN.—Prior to any realignment or consolidation 

16 of the programs described in subsection (a), in addition to 

17 the Hispanic-Serving Institutions Undergraduate Program 

18 required by section 7033 of the America COMPETES Act 

19 (42 U.S.C. 1862o–12), the Director shall develop a plan 

20 clarifying the objectives and rationale for such changes. The 

21 plan shall include a description of how such changes would 

22 result in— 

23 (1) meeting or strengthening the common goal of 

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1 viduals from underrepresented groups attaining un2 dergraduate STEM degrees; and 

3 (2) addressing the unique needs of the different 

4 types of minority serving institutions and underrep5 resented groups currently provided for by the separate 

6 programs. 

7 (c) RECOMMENDATIONS.—In the development of the 

8 plan required under subsection (b), the Director shall at a 

9 minimum— 

10 (1) consider the recommendations and findings 

11 of the National Academy of Sciences report required 

12 by section 7032 of the America COMPETES Act 

13 (Public Law 110–69); and 

14 (2) solicit recommendations and feedback from a 

15 wide range of stakeholders, including representatives 

16 from minority serving institutions, other institutions 

17 of higher education, and other entities with expertise 

18 on effective mechanisms to increase the recruitment 

19 and retention of members of underrepresented groups 

20 in STEM fields, and the attainment of STEM degrees 

21 by underrepresented groups. 

22 (d) APPROVAL BY CONGRESS.—The plan developed 

23 under this section shall be transmitted to Congress at least 

24 3 months prior to the implementation of any realignment 

25 or consolidation of the programs described in subsection (a). 


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1 SEC. 251. GRAND CHALLENGES IN EDUCATION RESEARCH. 

2 (a) IN GENERAL.—The Director and the Secretary of 

3 Education shall collaborate, in consultation with the Direc4 tor of the National Institutes of Health, in— 

5 (1) identifying, prioritizing, and developing 

6 strategies to address grand challenges in research and 

7 development on the teaching and learning of STEM 

8 at the pre-K-12 level, in formal and informal settings, 

9 for diverse learning populations, including individ10 uals identified in section 33 or 34 of the Science and 

11 Engineering Equal Opportunities Act (42 U.S.C. 

12 1885a or 1885b), and students in rural schools; 

13 (2) carrying out research and development to ad14 dress the grand challenges identified in paragraph 

15 (1); and 

16 (3) ensuring the dissemination of the results of 

17 such research and development. 

18 (b) STAKEHOLDER INPUT.—In identifying the grand 

19 challenges required in subsection (a), the Director and the 

20 Secretary shall— 

21 (1) take into consideration critical research gaps 

22 identified in existing reports, including reports by the 

23 National Academies, on the teaching and learning of 

24 STEM at the pre-K-12 level in formal and informal 

25 settings; and 


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1 (2) solicit input from a wide range of stake2 holders, including local and State education officials, 

3 STEM teachers, STEM education researchers, sci4 entific and engineering societies, STEM faculty at in5 stitutions of higher education, informal STEM edu6 cation providers, businesses with a large STEM work7 force, and other stakeholders in the teaching and 

8 learning of STEM at the pre-K-12 level, and may 

9 enter into an arrangement with the National Re10 search Council for these purposes. 

11 (c) TOPICS TO CONSIDER.—In identifying the grand 

12 challenges required in subsection (a), the Director and the 

13 Secretary, in order to provide students with increased ac14 cess to rigorous courses of study in STEM, increase the 

15 number of students who are prepared for advanced study 

16 and careers in STEM, and increase the effective teaching 

17 of STEM subjects, shall at a minimum consider the fol18 lowing topics: 

19 (1) Research on scalability, sustainability, and 

20 replication of successful STEM activities, programs, 

21 and models, in formal and informal environments. 

22 (2) Research that utilizes a systems approach to 

23 identifying challenges and opportunities to improve 

24 the teaching and learning of STEM, including devel25 opment and evaluation of model systems that support 


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1 improved teaching and learning of STEM across en2 tire school districts and States, and encompassing 

3 and integrating the teaching and learning of STEM 

4 in formal and informal venues, and in K-12 schools 

5 and institutions of higher education. 

6 (3) Research to understand what makes a STEM 

7 teacher effective and STEM teacher professional devel8 opment effective, including development of tools and 

9 methodologies to measure STEM teacher effectiveness. 

10 (4) Research and development on cyber-enabled 

11 tools and programs and television based tools and 

12 programs for learning and teaching STEM, including 

13 development of tools and methodologies for assessing 

14 cyber and television enabled teaching and learning. 

15 (5) Research and development on STEM teach16 ing and learning in informal environments, including 

17 development of tools and methodologies for assessing 

18 STEM teaching and learning in informal environ19 ments. 

20 (6) Research and development on how inte21 grating engineering with mathematics and science 

22 education may— 

23 (A) improve student learning of mathe24 matics and science; 


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1 (B) increase student interest and persistence 

2 in STEM; or 

3 (C) improve student understanding of engi4 neering design principles and of the built world. 

5 (7) Research to understand what makes hands6 on, inquiry-based classroom experiences effective, in7 cluding development of tools and methodologies for as8 sessing such experiences. 

9 (d) REPORT TO CONGRESS.—Not later than 18 months 

10 after the date of enactment of this Act, the Director and 

11 the Secretary shall report back to Congress with a descrip12 tion of— 

13 (1) the grand challenges identified pursuant to 

14 this section; 

15 (2) the role of each agency in supporting re16 search and development activities to address the 

17 grand challenges; 

18 (3) the common metrics that will be used to as19 sess progress toward meeting the grand challenges; 

20 (4) plans for periodically updating the grand 

21 challenges; 

22 (5) how the agencies will disseminate the results 

23 of research and development activities carried out 

24 under this section to STEM education practitioners, 

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1 grams and activities, and to non-Federal funders of 

2 STEM education; and 

3 (6) how the agencies will support implementa4 tion of best practices identified by the research and 

5 development activities. 

6 SEC. 252. RESEARCH EXPERIENCES FOR UNDERGRADU7 ATES. 

8 (a) RESEARCH SITES.—The Director shall award 

9 grants, on a merit-reviewed, competitive basis, to institu10 tions of higher education, nonprofit organizations, or con11 sortia of such institutions and organizations, for sites des12 ignated by the Director to provide research experiences for 

13 10 or more undergraduate STEM students, with consider14 ation given to the goal of promoting the participation of 

15 individuals identified in section 33 or 34 of the Science and 

16 Engineering Equal Opportunities Act (42 U.S.C. 1885a or 

17 1885b). The Director shall ensure that— 

18 (1) at least half of the students participating in 

19 a program funded by a grant under this subsection 

20 at each site shall be recruited from institutions of 

21 higher education where research opportunities in 

22 STEM are limited, including 2-year institutions; 

23 (2) the awards provide undergraduate research 

24 experiences in a wide range of STEM disciplines; 


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1 (3) the awards support a variety of projects, in2 cluding independent investigator-led projects, inter3 disciplinary projects, and multi-institutional projects 

4 (including virtual projects); 

5 (4) students participating in each program fund6 ed have mentors, including during the academic year 

7 to the extent practicable, to help connect the students’ 

8 research experiences to the overall academic course of 

9 study and to help students achieve success in courses 

10 of study leading to a baccalaureate degree in a STEM 

11 field; 

12 (5) mentors and students are supported with ap13 propriate salary or stipends; and 

14 (6) student participants are tracked, for employ15 ment and continued matriculation in STEM fields, 

16 through receipt of the undergraduate degree and for at 

17 least 3 years thereafter. 

18 (b) INCLUSION OF UNDERGRADUATES IN STANDARD

19 RESEARCH GRANTS.—The Director shall require that every 

20 recipient of a research grant from the Foundation pro21 posing to include 1 or more undergraduate students in car22 rying out the research under the grant shall request support, 

23 including stipend support, for such undergraduate students 

24 as part of the research proposal itself rather than as a sup25 plement to the research proposal, unless such undergraduate 


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1 participation was not foreseeable at the time of the original 

2 proposal. 

3 SEC. 253. LABORATORY SCIENCE PILOT PROGRAM. 

4 Section 7026 of the America COMPETES Act (Public 

5 Law 110–69) is amended by striking subsections (d) and 

6 (e). 

7 SEC. 254. STEM INDUSTRY INTERNSHIP PROGRAMS. 

8 (a) IN GENERAL.—The Director may award grants, 

9 on a competitive, merit-reviewed basis, to institutions of 

10 higher education, or consortia thereof, to establish or expand 

11 partnerships with local or regional private sector entities, 

12 for the purpose of providing undergraduate students with 

13 integrated internship experiences that connect private sector 

14 internship experiences with the students’ STEM 

15 coursework. Such partnerships may also include industry 

16 or professional associations. 

17 (b) PRIORITY.—In awarding grants under this section, 

18 the Director shall give priority to institutions of higher edu19 cation or consortia thereof that demonstrate significant out20 reach to and coordination with local or regional private 

21 sector entities in developing academic courses designed to 

22 provide students with the skills necessary for employment 

23 in local or regional companies. 


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1 (c) COST-SHARE.—The Director shall require a 50 per2 cent non-Federal cost-share from partnerships established or 

3 expanded under this section. 

4 (d) RESTRICTION.—No Federal funds provided under 

5 this section may be used— 

6 (1) for the purpose of providing stipends or com7 pensation to students for private sector internships; or 

8 (2) as payment or reimbursement to private sec9 tor entities. 

10 (e) REPORT.—Not less than 3 years after the date of 

11 enactment of this Act, the Director shall submit a report 

12 to Congress on the number and total value of awards made 

13 under this section, the number of students affected by those 

14 awards, and any evidence of the effect of those awards on 

15 workforce preparation and jobs placement for participating 

16 students. 

17 SEC. 255. TRIBAL COLLEGES AND UNIVERSITIES PROGRAM. 

18 (a) IN GENERAL.—The Director shall continue to sup19 port a program to award grants on a competitive, merit20 reviewed basis to tribal colleges and universities (as defined 

21 in section 316 of the Higher Education Act of 1965 (20 

22 U.S.C. 1059c)), including institutions described in section 

23 317 of such Act (20 U.S.C. 1059d), to enhance the quality 

24 of undergraduate STEM education at such institutions and 

25 to increase the retention and graduation rates of Native 


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1 American students pursuing associate’s or baccalaureate de2 grees in STEM. 

3 (b) PROGRAM COMPONENTS.—Grants awarded under 

4 this section shall support— 

5 (1) activities to improve courses and curriculum 

6 in STEM; 

7 (2) faculty development; 

8 (3) stipends for undergraduate students partici9 pating in research; and 

10 (4) other activities consistent with subsection (a), 

11 as determined by the Director. 

12 (c) INSTRUMENTATION.—Funding provided under this 

13 section may be used for instrumentation. 

14 TITLE III—STEM EDUCATION 

15 SEC. 301. COORDINATION OF FEDERAL STEM EDUCATION. 

16 (a) SHORT TITLE.—This section may be cited as the 

17 ‘‘STEM Education Coordination Act of 2010’’. 

18 (b) DEFINITION.—In this section, the term ‘‘STEM’’ 

19 means science, technology, engineering, and mathematics. 

20 (c) ESTABLISHMENT.—The Director of the Office of 

21 Science and Technology Policy shall establish a committee 

22 under the National Science and Technology Council with 

23 the responsibility to coordinate Federal programs and ac24 tivities in support of STEM education, including at the Na25 tional Science Foundation, the Department of Energy, the 


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1 National Aeronautics and Space Administration, the Na2 tional Oceanic and Atmospheric Administration, the De3 partment of Education, and all other Federal agencies that 

4 have programs and activities in support of STEM edu5 cation. 

6 (d) RESPONSIBILITIES OF THE COMMITTEE.—The 

7 committee established under subsection (c) shall— 

8 (1) coordinate the STEM education activities 

9 and programs of the Federal agencies; 

10 (2) develop, implement through the participating 

11 agencies, and update once every 5 years a 5-year 

12 STEM education strategic plan, which shall— 

13 (A) specify and prioritize annual and long14 term objectives; 

15 (B) specify the common metrics that will be 

16 used to assess progress toward achieving the ob17 jectives; 

18 (C) describe the approaches that will be 

19 taken by each participating agency to assess the 

20 effectiveness of its STEM education programs 

21 and activities; and 

22 (D) with respect to subparagraph (A), de23 scribe the role of each agency in supporting pro24 grams and activities designed to achieve the ob25 jectives; and 


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1 (3) establish, periodically update, and maintain 

2 an inventory of federally sponsored STEM education 

3 programs and activities, including documentation of 

4 assessments of the effectiveness of such programs and 

5 activities and rates of participation by underrep6 resented minorities in such programs and activities. 

7 (e) RESPONSIBILITIES OF OSTP.—The Director of the 

8 Office of Science and Technology Policy shall encourage and 

9 monitor the efforts of the participating agencies to ensure 

10 that the strategic plan under subsection (d)(2) is developed 

11 and executed effectively and that the objectives of the stra12 tegic plan are met. 

13 (f) REPORT.—The Director of the Office of Science and 

14 Technology Policy shall transmit a report annually to Con15 gress at the time of the President’s budget request describing 

16 the plan required under subsection (d)(2). The annual re17 port shall include— 

18 (1) a description of the STEM education pro19 grams and activities for the previous and current fis20 cal years, and the proposed programs and activities 

21 under the President’s budget request, of each partici22 pating Federal agency; 

23 (2) the levels of funding for each participating 

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1 scribed under paragraph (1) for the previous fiscal 

2 year and under the President’s budget request; 

3 (3) except for the initial annual report, a de4 scription of the progress made in carrying out the im5 plementation plan, including a description of the out6 come of any program assessments completed in the 

7 previous year, and any changes made to that plan 

8 since the previous annual report; and 

9 (4) a description of how the participating Fed10 eral agencies will disseminate information about fed11 erally supported resources for STEM education prac12 titioners, including teacher professional development 

13 programs, to States and to STEM education practi14 tioners, including to teachers and administrators in 

15 high-need schools, as defined in section 200 of the 

16 Higher Education Act of 1965 (20 U.S.C. 1021). 

17 SEC. 302. ADVISORY COMMITTEE ON STEM EDUCATION. 

18 (a) IN GENERAL.—The President shall establish or des19 ignate an advisory committee on science, technology, engi20 neering, and mathematics (STEM) education. 

21 (b) MEMBERSHIP.—The advisory committee estab22 lished or designated by the President under subsection (a) 

23 shall be chaired by at least 2 members of the President’s 

24 Council of Advisors on Science and Technology, with the 

25 remaining advisory committee membership consisting of 


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1 non-Federal members who are specially qualified to provide 

2 the President with advice and information on STEM edu3 cation. Membership of the advisory committee, at a min4 imum, shall include individuals from the following cat5 egories of individuals and organizations: 

6 (1) STEM educator professional associations. 

7 (2) Organizations that provide informal STEM 

8 education activities. 

9 (3) Institutions of higher education. 

10 (4) Scientific and engineering professional soci11 eties. 

12 (5) Business and industry associations. 

13 (6) Foundations that fund STEM education ac14 tivities. 

15 (c) RESPONSIBILITIES.—The responsibilities of the ad16 visory committee shall include— 

17 (1) soliciting input from teachers, administra18 tors, local education agencies, States, and other public 

19 and private STEM education stakeholder groups for 

20 the purpose of informing the Federal agencies that 

21 support STEM education programs on the STEM 

22 education needs of States and school districts; 

23 (2) soliciting input from all STEM education 

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1 grams, including STEM education research programs, 

2 supported by Federal agencies; 

3 (3) providing advice to the Federal agencies that 

4 support STEM education programs on how their pro5 grams can be better aligned with the needs of States 

6 and school districts as identified in paragraph (1), 

7 consistent with the mission of each agency; and 

8 (4) offering guidance to the President on current 

9 STEM education activities, research findings, and 

10 best practices, with the purpose of increasing 

11 connectivity between public and private STEM edu12 cation efforts. 

13 SEC. 303. STEM EDUCATION AT THE DEPARTMENT OF EN14 ERGY. 

15 (a) DEFINITIONS.—Section 5002 of the America COM16 PETES Act (42 U.S.C. 16531) is amended— 

17 (1) by redesignating paragraphs (2) through (4) 

18 as paragraphs (3) through (5), respectively; and 

19 (2) by inserting after paragraph (1) the fol20 lowing new paragraph: 

21 ‘‘(2) ENERGY SYSTEMS SCIENCE AND ENGINEER22 ING.—The term ‘energy systems science and engineer23 ing’ means— 

24 ‘‘(A) nuclear science and engineering, in25 cluding— 


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1 ‘‘(i) nuclear engineering; 

2 ‘‘(ii) nuclear chemistry; 

3 ‘‘(iii) radiochemistry; and 

4 ‘‘(iv) health physics; 

5 ‘‘(B) hydrocarbon system science and engi6 neering, including— 

7 ‘‘(i) petroleum or reservoir engineering; 

8 ‘‘(ii) environmental geoscience; 

9 ‘‘(iii) petrophysics; 

10 ‘‘(iv) geophysics; 

11 ‘‘(v) geochemistry; 

12 ‘‘(vi) petroleum geology; 

13 ‘‘(vii) ocean engineering; 

14 ‘‘(viii) environmental engineering; and 

15 ‘‘(ix) carbon capture and sequestration 

16 science and engineering; 

17 ‘‘(C) energy efficiency and renewable energy 

18 technology systems science and engineering, in19 cluding with respect to— 

20 ‘‘(i) solar technology systems; 

21 ‘‘(ii) wind technology systems; 

22 ‘‘(iii) buildings technology systems; 

23 ‘‘(iv) transportation technology sys24 tems; 

25 ‘‘(v) hydropower systems; and 


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1 ‘‘(vi) geothermal systems; and 

2 ‘‘(D) energy storage and distribution sys3 tems science and engineering, including with re4 spect to— 

5 ‘‘(i) energy storage; and 

6 ‘‘(ii) energy delivery.’’. 

7 (b) SCIENCE, TECHNOLOGY, ENGINEERING, AND

8 MATHEMATICS EDUCATION PROGRAMS.—Subpart B of the 

9 Department of Energy Science Education Enhancement 

10 Act (42 U.S.C. 7381g et seq.) is amended— 

11 (1) in section 3170— 

12 (A) by amending paragraph (1) to read as 

13 follows: 

14 ‘‘(1) DIRECTOR.—The term ‘Director’ means the 

15 Director of STEM Education appointed or designated 

16 under section 3171(c)(1).’’; 

17 (B) by redesignating paragraph (2) as 

18 paragraph (3); 

19 (C) by inserting after paragraph (1) the fol20 lowing new paragraph: 

21 ‘‘(2) ENERGY SYSTEMS SCIENCE AND ENGINEER22 ING.—The term ‘energy systems science and engineer23 ing’ means— 

24 ‘‘(A) nuclear science and engineering, in25 cluding— 


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1 ‘‘(i) nuclear engineering; 

2 ‘‘(ii) nuclear chemistry; 

3 ‘‘(iii) radiochemistry; and 

4 ‘‘(iv) health physics; 

5 ‘‘(B) hydrocarbon system science and engi6 neering, including— 

7 ‘‘(i) petroleum or reservoir engineering; 

8 ‘‘(ii) environmental geoscience; 

9 ‘‘(iii) petrophysics; 

10 ‘‘(iv) geophysics; 

11 ‘‘(v) geochemistry; 

12 ‘‘(vi) petroleum geology; 

13 ‘‘(vii) ocean engineering; and 

14 ‘‘(viii) environmental engineering; 

15 ‘‘(C) energy efficiency and renewable energy 

16 technology systems science and engineering, in17 cluding with respect to— 

18 ‘‘(i) solar technology systems; 

19 ‘‘(ii) wind technology systems; 

20 ‘‘(iii) buildings technology systems; 

21 ‘‘(iv) transportation technology sys22 tems; 

23 ‘‘(v) hydropower systems; and 

24 ‘‘(vi) geothermal systems; and 


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1 ‘‘(D) energy storage and distribution sys2 tems science and engineering, including with re3 spect to— 

4 ‘‘(i) energy storage; and 

5 ‘‘(ii) energy delivery.’’; and 

6 (D) by adding at the end the following new 

7 paragraph: 

8 ‘‘(4) STEM.—The term ‘STEM’ means science, 

9 technology, engineering, and mathematics.’’; 

10 (2) by striking chapters 1, 2, 3, 4, and 6; 

11 (3) by inserting after section 3170 the following 

12 new chapter: 

13 ‘‘CHAPTER 1—STEM EDUCATION 

14 ‘‘SEC. 3171. STEM EDUCATION. 

15 ‘‘(a) IN GENERAL.—The Secretary of Energy shall de16 velop, conduct, support, promote, and coordinate formal 

17 and informal educational activities that leverage the De18 partment’s unique content expertise and facilities to con19 tribute to improving STEM education at all levels in the 

20 United States, and to enhance awareness and under21 standing of STEM, including energy sciences, in order to 

22 create a diverse skilled scientific and technical workforce es23 sential to meeting the challenges facing the Department and 

24 the Nation in the 21st century. 


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1 ‘‘(b) PROGRAMS.—The Secretary shall carry out evi2 dence-based programs designed to increase student interest 

3 and participation, improve public literacy and support, 

4 and improve the teaching and learning of energy systems 

5 science and engineering and other STEM disciplines sup6 ported by the Department. Programs authorized under this 

7 subsection may include— 

8 ‘‘(1) informal educational programming designed 

9 to excite and inspire students and the general public 

10 about energy systems science and engineering and 

11 other STEM disciplines supported by the Department, 

12 while strengthening their content knowledge in these 

13 fields; 

14 ‘‘(2) teacher training and professional develop15 ment opportunities for pre-service and in-service ele16 mentary and secondary teachers designed to increase 

17 the content knowledge of teachers in energy systems 

18 science and engineering and other STEM disciplines 

19 supported by the Department, including through 

20 hands-on research experiences; 

21 ‘‘(3) research opportunities for secondary school 

22 students, including internships at the National Lab23 oratories, that provide secondary school students with 

24 hands-on research experiences as well as exposure to 

25 working scientists; 


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1 ‘‘(4) research opportunities at the National Lab2 oratories for undergraduate and graduate students 

3 pursuing degrees in energy systems science and engi4 neering and other STEM disciplines supported by the 

5 Department; and 

6 ‘‘(5) competitive scholarships, fellowships, and 

7 traineeships for undergraduate and graduate students 

8 in energy systems science and engineering and other 

9 STEM disciplines supported by the Department. 

10 ‘‘(c) ORGANIZATION OF STEM EDUCATION PRO11 GRAMS.— 

12 ‘‘(1) DIRECTOR OF STEM EDUCATION.—The Sec13 retary shall appoint or designate a Director of STEM 

14 Education, who shall have the principal responsi15 bility to oversee and coordinate all programs and ac16 tivities of the Department in support of STEM edu17 cation, including energy systems science and engi18 neering education, across all functions of the Depart19 ment. 

20 ‘‘(2) QUALIFICATIONS.—The Director shall be an 

21 individual, who by reason of professional background 

22 and experience, is specially qualified to advise the 

23 Secretary on all matters pertaining to STEM edu24 cation, including energy systems science and engi25 neering education, at the Department. 


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1 ‘‘(3) DUTIES.—The Director shall— 

2 ‘‘(A) oversee and coordinate all programs in 

3 support of STEM education, including energy 

4 systems science and engineering education, 

5 across all functions of the Department; 

6 ‘‘(B) represent the Department as the prin7 cipal interagency liaison for all STEM edu8 cation programs, unless otherwise represented by 

9 the Secretary, the Under Secretary for Science, 

10 or the Under Secretary for Energy; 

11 ‘‘(C) prepare the annual budget and advise 

12 the Under Secretary for Science and the Under 

13 Secretary for Energy on all budgetary issues for 

14 STEM education, including energy systems 

15 science and engineering education, relative to the 

16 programs of the Department; 

17 ‘‘(D) establish, periodically update, and 

18 maintain a publicly accessible online inventory 

19 of STEM education programs and activities, in20 cluding energy systems science and engineering 

21 education programs and activities; 

22 ‘‘(E) develop, implement, and update the 

23 Department of Energy STEM education stra24 tegic plan, as required by subsection (d); 


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1 ‘‘(F) increase, to the maximum extent prac2 ticable, the participation and advancement of 

3 women and underrepresented minorities at every 

4 level of STEM education, including energy sys5 tems science and engineering education; and 

6 ‘‘(G) perform such other matters relating to 

7 STEM education as are required by the Sec8 retary, the Under Secretary for Science, or the 

9 Under Secretary for Energy. 

10 ‘‘(d) DEPARTMENT OF ENERGY STEM EDUCATION

11 STRATEGIC PLAN.—The Director of STEM education ap12 pointed or designated under subsection (c)(1) shall develop, 

13 implement, and update once every 3 years a 3-year STEM 

14 education strategic plan for the Department, which shall— 

15 ‘‘(1) identify and prioritize annual and long16 term STEM education goals and objectives for the De17 partment that are aligned with the overall goals of the 

18 National Science and Technology Council Committee 

19 on STEM Education Strategic plan required under 

20 section 301(d)(2) of the STEM Education Coordina21 tion Act of 2010; 

22 ‘‘(2) describe the role of each program or activity 

23 of the Department in contributing to the goals and 

24 objectives identified under paragraph (1); 


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1 ‘‘(3) specify the metrics that will be used to as2 sess progress toward achieving those goals and objec3 tives; and 

4 ‘‘(4) describe the approaches that will be taken to 

5 assess the effectiveness of each STEM education pro6 gram and activity supported by the Department. 

7 ‘‘(e) OUTREACH TO STUDENTS FROM UNDERREP8 RESENTED GROUPS.—In carrying out a program author9 ized under this section, the Secretary shall give consider10 ation to the goal of promoting the participation of individ11 uals identified in section 33 or 34 of the Science and Engi12 neering Equal Opportunities Act (42 U.S.C. 1885a or 

13 1885b). 

14 ‘‘(f) CONSULTATION AND PARTNERSHIP WITH OTHER

15 AGENCIES.—In carrying out the programs and activities 

16 authorized under this section, the Secretary shall— 

17 ‘‘(1) consult with the Secretary of Education and 

18 the Director of the National Science Foundation re19 garding activities designed to improve elementary 

20 and secondary STEM education; and 

21 ‘‘(2) consult and partner with the Director of the 

22 National Science Foundation in carrying out pro23 grams under this section designed to build capacity 

24 in STEM education at the undergraduate and grad25 uate level, including by supporting excellent proposals 


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1 in energy systems science and engineering that are 

2 submitted for funding to the Foundation’s Advanced 

3 Technological Education Program.’’; and 

4 (4) in section 3191— 

5 (A) in subsection (a)— 

6 (i) by striking ‘‘web-based’’ and insert7 ing ‘‘, through a publicly available website,’’ 

8 ; and 

9 (ii) by inserting ‘‘and project-based 

10 learning opportunities’’ after ‘‘laboratory 

11 experiments’’; 

12 (B) in subsection (b)(1), by inserting ‘‘, in13 cluding energy systems science and engineering’’ 

14 after ‘‘the science of energy’’; and 

15 (C) by striking subsection (d). 

16 (c) ENERGY APPLIED SCIENCE TALENT EXPANSION

17 PROGRAM FOR INSTITUTIONS OF HIGHER EDUCATION.— 

18 (1) AMENDMENT.—Strike sections 5004 and 

19 5005 of the America COMPETES Act (42 U.S.C. 

20 16532 and 16533) and insert the following new sec21 tion: 

22 ‘‘SEC. 5004. ENERGY APPLIED SCIENCE TALENT EXPANSION 

23 PROGRAM FOR INSTITUTIONS OF HIGHER 

24 EDUCATION. 

25 ‘‘(a) PURPOSES.—The purposes of this section are— 


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1 ‘‘(1) to address the decline in the number of and 

2 resources available to energy systems science and en3 gineering programs at institutions of higher edu4 cation, including community colleges; and 

5 ‘‘(2) to increase the number of graduates with 

6 degrees in energy systems science and engineering, an 

7 area of strategic importance to the economic competi8 tiveness and energy security of the United States. 

9 ‘‘(b) ESTABLISHMENT.—The Secretary shall award 

10 grants, on a competitive, merit-reviewed basis, to institu11 tions of higher education to implement or expand the energy 

12 systems science and engineering educational and technical 

13 training capabilities of the institution, and to provide 

14 merit-based financial support for master’s and doctoral 

15 level students pursuing courses of study and research in en16 ergy systems sciences and engineering. 

17 ‘‘(c) USE OF FUNDS.—An institution of higher edu18 cation that receives a grant under this section may use the 

19 grant to— 

20 ‘‘(1) provide traineeships, including stipends and 

21 cost of education allowances, to master’s and doctoral 

22 students; 

23 ‘‘(2) develop or expand multidisciplinary or 

24 interdisciplinary courses or programs; 

25 ‘‘(3) recruit and retain new faculty; 


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1 ‘‘(4) develop or improve core and specialized 

2 course content; 

3 ‘‘(5) encourage interdisciplinary and multidisci4 plinary research collaborations; 

5 ‘‘(6) support outreach efforts to recruit students, 

6 including individuals identified in section 33 or 34 

7 of the Science and Engineering Equal Opportunities 

8 Act (42 U.S.C. 1885a or 1885b); and 

9 ‘‘(7) pursue opportunities for collaboration with 

10 industry and National Laboratories. 

11 ‘‘(d) CRITERIA.—Criteria for awarding a grant under 

12 this section shall be based on— 

13 ‘‘(1) the potential to attract new students to the 

14 program; 

15 ‘‘(2) academic rigor; and 

16 ‘‘(3) the ability to offer hands-on education and 

17 training opportunities for graduate students in the 

18 emerging areas of energy systems science and engi19 neering. 

20 ‘‘(e) PRIORITY.—The Secretary shall give priority to 

21 proposals that involve active partnerships with a National 

22 Laboratory or other energy systems science and engineering 

23 related entity, as determined by the Secretary. 

24 ‘‘(f) DURATION AND AMOUNT.— 


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1 ‘‘(1) DURATION.—A grant under this section 

2 may be for up to 5 years in duration. 

3 ‘‘(2) AMOUNT.—An institution of higher edu4 cation that receives a grant under this section shall 

5 be eligible for up to $1,000,000 for each year of the 

6 grant period. 

7 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 

8 are authorized to be appropriated to the Secretary to carry 

9 out this section— 

10 ‘‘(1) $30,000,000 for fiscal year 2011; 

11 ‘‘(2) $32,000,000 for fiscal year 2012; 

12 ‘‘(3) $36,000,000 for fiscal year 2013; 

13 ‘‘(4) $38,000,000 for fiscal year 2014; and 

14 ‘‘(5) $40,000,000 for fiscal year 2015.’’. 

15 (2) CONFORMING AMENDMENT.—The table of 

16 contents for the America COMPETES Act is amended 

17 by striking the items relating to sections 5004 and 

18 5005 and inserting the following: 

Sec. 5004. Energy applied science talent expansion program for institutions of 

higher education. 

19 (d) DEPARTMENT OF ENERGY EARLY CAREER

20 AWARDS FOR SCIENCE, ENGINEERING, AND MATHEMATICS

21 RESEARCHERS.—Section 5006 of the America COMPETES 

22 Act (42 U.S.C. 16534) is amended— 


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1 (1) in subsection (a), by striking ‘‘Director of the 

2 Office’’ and all that follows through ‘‘shall carry’’ and 

3 inserting ‘‘Secretary shall carry’’; 

4 (2) in subsection (b)(1)— 

5 (A) in subparagraph (A), by inserting ‘‘per 

6 year’’ after ‘‘$80,000’’; and 

7 (B) in subparagraph (B), by striking 

8 ‘‘$125,000’’ and inserting ‘‘$175,000 per year’’; 

9 (3) in subsection (c)(1), by striking ‘‘, as deter10 mined by the Director’’; 

11 (4) in subsections (c)(2), (e), (f), and (g), by 

12 striking ‘‘Director’’ each place it appears and insert13 ing ‘‘Secretary’’; 

14 (5) in subsection (d), by striking ‘‘merit-re15 viewed’’ and inserting ‘‘merit-based, peer reviewed’’; 

16 and 

17 (6) in subsection (h)— 

18 (A) by striking ‘‘, acting through the Direc19 tor,’’; and 

20 (B) by striking ‘‘$25,000,000 for each of fis21 cal years 2008 through 2010’’ and inserting 

22 ‘‘such sums as are necessary’’. 

23 (e) PROTECTING AMERICA’S COMPETITIVE EDGE

24 (PACE) GRADUATE FELLOWSHIP PROGRAM.—Section 


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1 5009 of the America COMPETES Act (42 U.S.C. 16536) 

2 is amended— 

3 (1) in subsection (c)— 

4 (A) in paragraph (1), by striking ‘‘involv5 ing written and oral interviews, that will result 

6 in a wide distribution of awards throughout the 

7 United States,’’; and 

8 (B) in paragraph (2)(B)(iv), by striking 

9 ‘‘verbal and’’; 

10 (2) in subsection (d)(1)(B)(i), by inserting ‘‘par11 tial or full’’ before ‘‘graduate tuition’’; and 

12 (3) by striking subsection (f). 

13 (f) REPEAL.—Section 3164 of the Department of En14 ergy Science Education Enhancement Act (42 U.S.C. 

15 7381a) is repealed. 

16 SEC. 304. GREEN ENERGY EDUCATION. 

17 (a) SHORT TITLE.—This section may be cited as the 

18 ‘‘Green Energy Education Act of 2010’’. 

19 (b) DEFINITION.—For the purposes of this section: 

20 (1) DIRECTOR.—The term ‘‘Director’’ means the 

21 Director of the National Science Foundation. 

22 (2) HIGH PERFORMANCE BUILDING.—The term 

23 ‘‘high performance building’’ has the meaning given 

24 that term in section 914(a) of the Energy Policy Act 

25 of 2005 (42 U.S.C. 16194(a)). 


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1 (c) GRADUATE TRAINING IN ENERGY RESEARCH AND

2 DEVELOPMENT.— 

3 (1) FUNDING.—In carrying out research, devel4 opment, demonstration, and commercial application 

5 activities authorized for the Department of Energy, 

6 the Secretary may contribute funds to the National 

7 Science Foundation for the Integrative Graduate 

8 Education and Research Traineeship program to sup9 port projects that enable graduate education related to 

10 such activities. 

11 (2) CONSULTATION.—The Director shall consult 

12 with the Secretary when preparing solicitations and 

13 awarding grants for projects described in paragraph 

14 (1). 

15 (d) CURRICULUM DEVELOPMENT FOR HIGH PER16 FORMANCE BUILDING DESIGN.— 

17 (1) FUNDING.—In carrying out advanced energy 

18 technology research, development, demonstration, and 

19 commercial application activities authorized for the 

20 Department of Energy related to high performance 

21 buildings, the Secretary may contribute funds to cur22 riculum development activities at the National 

23 Science Foundation for the purpose of improving un24 dergraduate or graduate interdisciplinary engineering 

25 and architecture education related to the design and 


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1 construction of high performance buildings, including 

2 development of curricula, of laboratory activities, of 

3 training practicums, or of design projects. A primary 

4 goal of curriculum development activities supported 

5 under this subsection shall be to improve the ability 

6 of engineers, architects, landscape architects, and 

7 planners to work together on the incorporation of ad8 vanced energy technologies during the design and con9 struction of high performance buildings. 

10 (2) CONSULTATION.—The Director shall consult 

11 with the Secretary when preparing solicitations and 

12 awarding grants for projects described in paragraph 

13 (1). 

14 (3) PRIORITY.—In awarding grants with respect 

15 to which the Secretary has contributed funds under 

16 this subsection, the Director shall give priority to ap17 plications from departments, programs, or centers of 

18 a school of engineering that are partnered with 

19 schools, departments, or programs of design, architec20 ture, landscape architecture, and city, regional, or 

21 urban planning. 


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1 TITLE IV—NATIONAL INSTITUTE 

2 OF STANDARDS AND TECH3 NOLOGY 

4 SEC. 401. SHORT TITLE. 

5 This title may be cited as the ‘‘National Institute of 

6 Standards and Technology Authorization Act of 2010’’. 

7 SEC. 402. AUTHORIZATION OF APPROPRIATIONS. 

8 (a) FISCAL YEAR 2011.— 

9 (1) IN GENERAL.—There are authorized to be ap10 propriated to the Secretary of Commerce 

11 $991,100,000 for the National Institute of Standards 

12 and Technology for fiscal year 2011. 

13 (2) SPECIFIC ALLOCATIONS.—Of the amount au14 thorized under paragraph (1)— 

15 (A) $620,000,000 shall be authorized for sci16 entific and technical research and services lab17 oratory activities; 

18 (B) $125,000,000 shall be authorized for the 

19 construction and maintenance of facilities; and 

20 (C) $246,100,000 shall be authorized for in21 dustrial technology services activities, of which— 

22 (i) $95,000,000 shall be authorized for 

23 the Technology Innovation Program under 

24 section 28 of the National Institute of 


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1 Standards and Technology Act (15 U.S.C. 

2 278n); 

3 (ii) $141,100,000 shall be authorized 

4 for the Manufacturing Extension Partner5 ship program under sections 25 and 26 of 

6 such Act (15 U.S.C. 278k and 278l); and 

7 (iii) $10,000,000 shall be authorized 

8 for the Malcolm Baldrige National Quality 

9 Award program under section 17 of the Ste10 venson-Wydler Technology Innovation Act 

11 of 1980 (15 U.S.C. 3711a). 

12 (b) FISCAL YEAR 2012.— 

13 (1) IN GENERAL.—There are authorized to be ap14 propriated to the Secretary of Commerce 

15 $992,400,000 for the National Institute of Standards 

16 and Technology for fiscal year 2012. 

17 (2) SPECIFIC ALLOCATIONS.—Of the amount au18 thorized under paragraph (1)— 

19 (A) $657,200,000 shall be authorized for sci20 entific and technical research and services lab21 oratory activities; 

22 (B) $85,000,000 shall be authorized for the 

23 construction and maintenance of facilities; and 

24 (C) $250,200,000 shall be authorized for in25 dustrial technology services activities, of which— 


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1 (i) $89,000,000 shall be authorized for 

2 the Technology Innovation Program under 

3 section 28 of the National Institute of 

4 Standards and Technology Act (15 U.S.C. 

5 278n); 

6 (ii) $150,900,000 shall be authorized 

7 for the Manufacturing Extension Partner8 ship program under sections 25 and 26 of 

9 such Act (15 U.S.C. 278k and 278l); and 

10 (iii) $10,300,000 shall be authorized 

11 for the Malcolm Baldrige National Quality 

12 Award program under section 17 of the Ste13 venson-Wydler Technology Innovation Act 

14 of 1980 (15 U.S.C. 3711a). 

15 (c) FISCAL YEAR 2013.— 

16 (1) IN GENERAL.—There are authorized to be ap17 propriated to the Secretary of Commerce 

18 $1,079,809,000 for the National Institute of Stand19 ards and Technology for fiscal year 2013. 

20 (2) SPECIFIC ALLOCATIONS.—Of the amount au21 thorized under paragraph (1)— 

22 (A) $696,700,000 shall be authorized for sci23 entific and technical research and services lab24 oratory activities; 


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1 (B) $122,000,000 shall be authorized for the 

2 construction and maintenance of facilities; and 

3 (C) $261,109,000 shall be authorized for in4 dustrial technology services activities, of which— 

5 (i) $89,000,000 shall be authorized for 

6 the Technology Innovation Program under 

7 section 28 of the National Institute of 

8 Standards and Technology Act (15 U.S.C. 

9 278n); 

10 (ii) $161,500,000 shall be authorized 

11 for the Manufacturing Extension Partner12 ship program under sections 25 and 26 of 

13 such Act (15 U.S.C. 278k and 278l); and 

14 (iii) $10,609,000 shall be authorized 

15 for the Malcolm Baldrige National Quality 

16 Award program under section 17 of the Ste17 venson-Wydler Technology Innovation Act 

18 of 1980 (15 U.S.C. 3711a). 

19 (d) FISCAL YEAR 2014.— 

20 (1) IN GENERAL.—There are authorized to be ap21 propriated to the Secretary of Commerce 

22 $1,126,227,000 for the National Institute of Stand23 ards and Technology for fiscal year 2014. 

24 (2) SPECIFIC ALLOCATIONS.—Of the amount au25 thorized under paragraph (1)— 


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1 (A) $738,500,000 shall be authorized for sci2 entific and technical research and services lab3 oratory activities; 

4 (B) $124,000,000 shall be authorized for the 

5 construction and maintenance of facilities; and 

6 (C) $263,727,000 shall be authorized for in7 dustrial technology services activities, of which— 

8 (i) $80,000,000 shall be authorized for 

9 the Technology Innovation Program under 

10 section 28 of the National Institute of 

11 Standards and Technology Act (15 U.S.C. 

12 278n); 

13 (ii) $172,800,000 shall be authorized 

14 for the Manufacturing Extension Partner15 ship program under sections 25 and 26 of 

16 such Act (15 U.S.C. 278k and 278l); and 

17 (iii) $10,927,000 shall be authorized 

18 for the Malcolm Baldrige National Quality 

19 Award program under section 17 of the Ste20 venson-Wydler Technology Innovation Act 

21 of 1980 (15 U.S.C. 3711a). 

22 (e) FISCAL YEAR 2015.— 

23 (1) IN GENERAL.—There are authorized to be ap24 propriated to the Secretary of Commerce 


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1 $1,191,955,000 for the National Institute of Stand2 ards and Technology for fiscal year 2015. 

3 (2) SPECIFIC ALLOCATIONS.—Of the amount au4 thorized under paragraph (1)— 

5 (A) $782,800,000 shall be authorized for sci6 entific and technical research and services lab7 oratory activities; 

8 (B) $133,000,000 shall be authorized for the 

9 construction and maintenance of facilities; and 

10 (C) $276,155,000 shall be authorized for in11 dustrial technology services activities, of which— 

12 (i) $80,000,000 shall be authorized for 

13 the Technology Innovation Program under 

14 section 28 of the National Institute of 

15 Standards and Technology Act (15 U.S.C. 

16 278n); 

17 (ii) $184,900,000 shall be authorized 

18 for the Manufacturing Extension Partner19 ship program under sections 25 and 26 of 

20 such Act (15 U.S.C. 278k and 278l); and 

21 (iii) $11,255,000 shall be authorized 

22 for the Malcolm Baldrige National Quality 

23 Award program under section 17 of the Ste24 venson-Wydler Technology Innovation Act 

25 of 1980 (15 U.S.C. 3711a). 


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1 SEC. 403. UNDER SECRETARY OF COMMERCE FOR STAND2 ARDS AND TECHNOLOGY. 

3 (a) ESTABLISHMENT.—Section 4 of the National Insti4 tute of Standards and Technology Act is amended to read 

5 as follows: 

6 ‘‘SEC. 4. UNDER SECRETARY OF COMMERCE FOR STAND7 ARDS AND TECHNOLOGY. 

8 ‘‘(a) ESTABLISHMENT.—There shall be in the Depart9 ment of Commerce an Under Secretary of Commerce for 

10 Standards and Technology (in this section referred to as 

11 the ‘Under Secretary’). 

12 ‘‘(b) APPOINTMENT.—The Under Secretary shall be 

13 appointed by the President by and with the advice and con14 sent of the Senate. 

15 ‘‘(c) COMPENSATION.—The Under Secretary shall be 

16 compensated at the rate in effect for level III of the Execu17 tive Schedule under section 5314 of title 5, United States 

18 Code. 

19 ‘‘(d) DUTIES.—The Under Secretary shall serve as the 

20 Director of the Institute and shall perform such duties as 

21 required of the Director by the Secretary under this Act 

22 or by law. 

23 ‘‘(e) APPLICABILITY.—The individual serving as the 

24 Director of the Institute on the date of enactment of the 

25 National Institute of Standards and Technology Authoriza26 tion Act of 2010 shall also serve as the Under Secretary 


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1 until such time as a successor is appointed under subsection 

2 (b).’’. 

3 (b) CONFORMING AMENDMENTS.— 

4 (1) TITLE 5, UNITED STATES CODE.— 

5 (A) LEVEL III.—Section 5314 of title 5, 

6 United States Code, is amended by inserting be7 fore the item ‘‘Associate Attorney General’’ the 

8 following: 

9 ‘‘Under Secretary of Commerce for Standards 

10 and Technology, who also serves as Director of the 

11 National Institute of Standards and Technology.’’. 

12 (B) LEVEL IV.—Section 5315 of title 5, 

13 United States Code, is amended by striking ‘‘Di14 rector, National Institute of Standards and 

15 Technology, Department of Commerce.’’. 

16 (2) NATIONAL INSTITUTE OF STANDARDS AND

17 TECHNOLOGY ACT.—Section 5 of the National Insti18 tute of Standards and Technology Act (15 U.S.C. 

19 274) is amended by striking the first, fifth, and sixth 

20 sentences. 

21 SEC. 404. REORGANIZATION OF NIST LABORATORIES. 

22 (a) ORGANIZATION.—The Director shall reorganize the 

23 scientific and technical research and services laboratory 

24 program into the following operational units: 


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1 (1) The Physical Measurement Laboratory, 

2 whose mission is to realize and disseminate the na3 tional standards for length, mass, time and frequency, 

4 electricity, temperature, force, and radiation by ac5 tivities including fundamental research in measure6 ment science, the provision of measurement services 

7 and standards, and the provision of testing facilities 

8 resources for use by the Federal Government. 

9 (2) The Information Technology Laboratory, 

10 whose mission is to develop and disseminate stand11 ards, measurements, and testing capabilities for inter12 operability, security, usability, and reliability of in13 formation technologies, including cyber security 

14 standards and guidelines for Federal agencies, United 

15 States industry, and the public, through fundamental 

16 and applied research in computer science, mathe17 matics, and statistics. 

18 (3) The Engineering Laboratory, whose mission 

19 is to develop and disseminate advanced manufac20 turing and construction technologies to the United 

21 States manufacturing and construction industries 

22 through activities including measurement science re23 search, performance metrics, tools for engineering ap24 plications, and promotion of standards adoption. 


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1 (4) The Material Measurement Laboratory, 

2 whose mission is to serve as the national reference 

3 laboratory in biological, chemical, and material 

4 sciences and engineering through activities including 

5 fundamental research in the composition, structure, 

6 and properties of biological and environmental mate7 rials and processes, the development of certified ref8 erence materials and critically evaluated data, and 

9 other programs to assure measurement quality in ma10 terials and biotechnology fields. 

11 (5) The Center for Nanoscale Science and Tech12 nology, a national shared-use facility for nanoscale 

13 fabrication and measurement, whose mission is to de14 velop innovative nanoscale measurement and fabrica15 tion capabilities to support researchers from industry, 

16 institutions of higher education, the National Insti17 tute of Standards and Technology, and other Federal 

18 agencies in nanoscale technology from discovery to 

19 production. 

20 (6) The NIST Center for Neutron Research, a 

21 national user facility, whose mission is to provide 

22 neutron-based measurement capabilities to researchers 

23 from industry, institutions of higher education, the 

24 National Institute of Standards and Technology, and 

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1 search, nondestructive evaluation, neutron imaging, 

2 chemical analysis, neutron standards, dosimetry, and 

3 radiation metrology. 

4 (b) ADDITIONAL DUTIES.—The Director may assign 

5 additional duties to the operational units listed in sub6 section (a) that are consistent with the missions of such 

7 units. 

8 (c) REVISION.— 

9 (1) IN GENERAL.—Subsequent to the reorganiza10 tion required under subsection (a), the Director may 

11 revise the organization of the scientific and technical 

12 research and services laboratory program. 

13 (2) REPORT TO CONGRESS.—Any revision to the 

14 organization of such program under paragraph (1) 

15 shall be submitted in a report to the Committee on 

16 Science and Technology of the House of Representa17 tives and the Committee on Commerce, Science, and 

18 Transportation of the Senate at least 60 days before 

19 the effective date of such revision. 

20 SEC. 405. FEDERAL GOVERNMENT STANDARDS AND CON21 FORMITY ASSESSMENT COORDINATION. 

22 (a) COORDINATION.—Section 2(b) of the National In23 stitute of Standards and Technology Act (15 U.S.C. 272(b)) 

24 is amended— 


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1 (1) in paragraph (12), by striking ‘‘and’’ after 

2 the semicolon; 

3 (2) in paragraph (13), by striking the period at 

4 the end and inserting a semicolon; and 

5 (3) by adding after paragraph (13) the fol6 lowing: 

7 ‘‘(14) to promote collaboration among Federal 

8 departments and agencies and private sector stake9 holders in the development and implementation of 

10 standards and conformity assessment frameworks to 

11 address specific Federal Government policy goals; and 

12 ‘‘(15) to convene Federal departments and agen13 cies, as appropriate, to— 

14 ‘‘(A) coordinate and determine Federal Gov15 ernment positions on specific policy issues re16 lated to the development of international tech17 nical standards and conformity assessment-re18 lated activities; and 

19 ‘‘(B) coordinate Federal department and 

20 agency engagement in the development of inter21 national technical standards and conformity as22 sessment-related activities.’’. 

23 (b) REPORT.—The Director, in consultation with ap24 propriate Federal agencies, shall submit a report annually 

25 to Congress addressing the Federal Government’s technical 


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1 standards and conformity assessment-related activities. The 

2 report shall identify— 

3 (1) current and anticipated international stand4 ards and conformity assessment-related issues that 

5 have the potential to impact the competitiveness and 

6 innovation capabilities of the United States; 

7 (2) any action being taken by the Federal Gov8 ernment to address these issues and the Federal agen9 cy taking that action; and 

10 (3) any action that the Director is taking or will 

11 take to ensure effective Federal Government engage12 ment on technical standards and conformity assess13 ment-related issues, as appropriate, where the Federal 

14 Government is not effectively engaged. 

15 SEC. 406. MANUFACTURING EXTENSION PARTNERSHIP. 

16 (a) COMMUNITY COLLEGE SUPPORT.—Section 25(a) of 

17 the National Institute of Standards and Technology Act (15 

18 U.S.C. 278k(a)) is amended— 

19 (1) in paragraph (4), by striking ‘‘and’’ after the 

20 semicolon; 

21 (2) in paragraph (5), by striking the period at 

22 the end and inserting ‘‘; and’’; and 

23 (3) by adding after paragraph (5) the following: 

24 ‘‘(6) providing to community colleges informa25 tion about the job skills needed in small- and meVerDate Mar 15 2010 21:37 May 07, 2010 Jkt 089200 PO 00000 Frm 00162 Fmt 6652 Sfmt 6203 E:\BILLS\H5116.RH H5116

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1 dium-sized manufacturing businesses in the regions 

2 they serve.’’. 

3 (b) INNOVATIVE SERVICES INITIATIVE.—Section 25 of 

4 such Act (15 U.S.C. 278k) is amended by adding at the 

5 end the following: 

6 ‘‘(g) INNOVATIVE SERVICES INITIATIVE.— 

7 ‘‘(1) ESTABLISHMENT.—The Director may estab8 lish, within the Centers program under this section, 

9 an innovative services initiative to assist small- and 

10 medium-sized manufacturers in— 

11 ‘‘(A) reducing their energy usage and envi12 ronmental waste to improve profitability; and 

13 ‘‘(B) accelerating the domestic commer14 cialization of new product technologies, includ15 ing components for renewable energy systems. 

16 ‘‘(2) MARKET DEMAND.—The Director may not 

17 undertake any activity to accelerate the domestic com18 mercialization of a new product technology under this 

19 subsection unless an analysis of market demand for 

20 the new product technology has been conducted.’’. 

21 (c) REPORTS.—Section 25 of such Act (15 U.S.C. 

22 278k) is further amended by adding after subsection (g), 

23 as added by subsection (b), the following: 

24 ‘‘(h) REPORTS.— 


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1 ‘‘(1) IN GENERAL.—In submitting the 3-year 

2 programmatic planning document and annual up3 dates under section 23, the Director shall include an 

4 assessment of the Director’s governance of the pro5 gram established under this section. 

6 ‘‘(2) CRITERIA.—In conducting such assessment, 

7 the Director shall use the criteria established pursu8 ant to the Malcolm Baldrige National Quality Award 

9 under section 17(d)(1)(C) of the Stevenson-Wydler 

10 Technology Innovation Act of 1980 (15 U.S.C. 

11 3711a(d)(1)(C)).’’. 

12 (d) HOLLINGS MANUFACTURING EXTENSION PART13 NERSHIP PROGRAM COST-SHARING.—Section 25(c) of such 

14 Act (15 U.S.C. 278k(c)) is amended by adding at the end 

15 the following: 

16 ‘‘(7) Notwithstanding paragraphs (1), (3), and 

17 (5), for fiscal year 2011 through fiscal year 2015, the 

18 Secretary may not provide to a Center more than 50 

19 percent of the costs incurred by such Center and may 

20 not require that a Center’s cost share exceed 50 per21 cent. 

22 ‘‘(8) Not later than 4 years after the date of en23 actment of the National Institute of Standards and 

24 Technology Authorization Act of 2010, the Secretary 


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1 shall submit to Congress a report on the cost share re2 quirements under the program. The report shall— 

3 ‘‘(A) discuss various cost share structures, 

4 including the cost share structure in place prior 

5 to such date of enactment and the cost share 

6 structure in place under paragraph (7), and the 

7 effect of such cost share structures on individual 

8 Centers and the overall program; and 

9 ‘‘(B) include a recommendation for how best 

10 to structure the cost share requirement after fis11 cal year 2015 to provide for the long-term sus12 tainability of the program.’’. 

13 (e) ADVISORY BOARD.—Section 25(e)(4) of such Act 

14 (15 U.S.C. 278k(e)(4)) is amended to read as follows: 

15 ‘‘(4) FEDERAL ADVISORY COMMITTEE ACT APPLI16 CABILITY.— 

17 ‘‘(A) IN GENERAL.—In discharging its du18 ties under this subsection, the MEP Advisory 

19 Board shall function solely in an advisory ca20 pacity, in accordance with the Federal Advisory 

21 Committee Act. 

22 ‘‘(B) EXCEPTION.—Section 14 of the Fed23 eral Advisory Committee Act shall not apply to 

24 the MEP Advisory Board.’’. 


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1 (f) DEFINITIONS.—Section 25 of such Act (15 U.S.C. 

2 278k) is further amended by adding after subsection (h), 

3 as added by subsection (c), the following: 

4 ‘‘(i) DEFINITION.—In this section, the term ‘commu5 nity college’ means an institution of higher education (as 

6 defined under section 101(a) of the Higher Education Act 

7 of 1965 (20 U.S.C. 1001(a))) at which the highest degree 

8 that is predominately awarded to students is an associate’s 

9 degree.’’. 

10 SEC. 407. BIOSCIENCE RESEARCH PROGRAM. 

11 (a) IN GENERAL.—The National Institute of Stand12 ards and Technology Act (15 U.S.C. 271 et seq.) is amend13 ed— 

14 (1) by redesignating section 34 as section 35; 

15 and 

16 (2) by inserting after section 33 the following: 

17 ‘‘SEC. 34. BIOSCIENCE RESEARCH PROGRAM. 

18 ‘‘(a) IN GENERAL.—The Director shall establish a bio19 science research program to support research and develop20 ment of standard reference materials, measurements, meth21 ods, and genomic and other data to advance— 

22 ‘‘(1) biological drug research and development; 

23 ‘‘(2) molecular diagnostics; 

24 ‘‘(3) medical imaging technologies; and 

25 ‘‘(4) personalized medicine. 


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1 ‘‘(b) UNIVERSITY RESEARCH CENTERS.— 

2 ‘‘(1) ESTABLISHMENT.—The Director may estab3 lish research centers at institutions of higher edu4 cation (in this section referred to as ‘university re5 search centers’) through a competitive application 

6 process to conduct research that furthers the objectives 

7 of the bioscience research program. 

8 ‘‘(2) APPLICATION.— 

9 ‘‘(A) IN GENERAL.—An institution of higher 

10 education seeking to establish a university re11 search center under this subsection shall submit 

12 an application to the Director at such time, in 

13 such manner, and containing such information 

14 and assurances as the Director may require. 

15 ‘‘(B) COMPONENTS.—The application shall 

16 include, at a minimum, a description of— 

17 ‘‘(i) the relevant research and instruc18 tional capacity of the applicant; 

19 ‘‘(ii) the research projects that will be 

20 undertaken by the applicant; 

21 ‘‘(iii) the extent to which the applicant 

22 will partner with industry and the role in23 dustry will play in the research undertaken 

24 by the university research center; 


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1 ‘‘(iv) how the applicant will dissemi2 nate research results effectively; and 

3 ‘‘(v) the metrics that will be used to 

4 evaluate the success of the projects under 

5 clause (ii) and the contribution of the uni6 versity research center in furthering the ob7 jectives of the bioscience research program. 

8 ‘‘(C) SPECIAL CONSIDERATION.—The Direc9 tor shall give special consideration to an appli10 cation from an institution of higher education 

11 that is— 

12 ‘‘(i) an 1890 Institution, as defined in 

13 section 2 of the Agricultural Research, Ex14 tension, and Education Reform Act of 1998 

15 (7 U.S.C. 7061); 

16 ‘‘(ii) a Predominantly Black Institu17 tion, as defined in section 318 of the Higher 

18 Education Act of 1965 (20 U.S.C. 1059e); 

19 ‘‘(iii) a part B institution, as defined 

20 in section 322 of the Higher Education Act 

21 of 1965 (20 U.S.C. 1061); 

22 ‘‘(iv) a Tribal College or University, as 

23 defined in section 316 of the Higher Edu24 cation Act of 1965 (20 U.S.C. 1059c); 


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1 ‘‘(v) a Native American-serving, non2 tribal institution, as defined in section 319 

3 of the Higher Education Act of 1965 (20 

4 U.S.C. 1059f); 

5 ‘‘(vi) an Asian American and Native 

6 American Pacific Islander-serving institu7 tion, as defined in section 320 of the Higher 

8 Education Act of 1965 (20 U.S.C. 1059g); 

9 ‘‘(vii) an Alaska Native-serving insti10 tution, as defined in section 317 of the 

11 Higher Education Act of 1965 (20 U.S.C. 

12 1059d); 

13 ‘‘(viii) a Native Hawaiian-serving in14 stitution, as defined in section 317 of the 

15 Higher Education Act of 1965 (20 U.S.C. 

16 1059d); or 

17 ‘‘(ix) a Hispanic-serving institution, 

18 as defined in section 502 of the Higher 

19 Education Act of 1965 (20 U.S.C. 1101a). 

20 ‘‘(3) ASSESSMENT.—Not later than 3 years after 

21 the date on which a university research center is es22 tablished and every 3 years thereafter, the Director 

23 shall evaluate the university research center for its 

24 contributions to the bioscience research program. 


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1 ‘‘(4) ANNUAL MEETING.—If the Director estab2 lishes more than 1 university research center, the Di3 rector shall convene an annual meeting of researchers 

4 from all of the university research centers and the In5 stitute to foster collaboration and communication. 

6 ‘‘(c) USER FACILITY.—The Director may establish a 

7 bioscience user facility to provide access to advanced or 

8 unique equipment, services, materials, and other resources 

9 to industry, institutions of higher education, nonprofit or10 ganizations, and government agencies to perform research 

11 and testing. 

12 ‘‘(d) POSTDOCTORAL FELLOWS.—The Director shall, 

13 to the extent practicable, assign 1 or more fellows from the 

14 postdoctoral fellowship program established in section 19 to 

15 the bioscience research program. 

16 ‘‘(e) PROGRAMMATIC PLANNING DOCUMENT.—The Di17 rector shall ensure that the updates to the programmatic 

18 planning document transmitted to Congress under section 

19 23(d) include the bioscience research program. 

20 ‘‘(f) DEFINITIONS.—In this section: 

21 ‘‘(1) BIOSCIENCE RESEARCH PROGRAM.—The 

22 term ‘bioscience research program’ means the research 

23 and development program authorized under sub24 section (a). 


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1 ‘‘(2) INSTITUTION OF HIGHER EDUCATION.—The 

2 term ‘institution of higher education’ has the same 

3 meaning given the term in section 101(a) of the High4 er Education Act of 1965 (20 U.S.C. 1001(a)).’’. 

5 (b) VISITING COMMITTEE ON ADVANCED TECHNOLOGY

6 AMENDMENTS.—Section 10 of the National Institute of 

7 Standards and Technology Act (15 U.S.C. 278) is amend8 ed— 

9 (1) in subsection (a)— 

10 (A) by striking ‘‘15 members’’ and inserting 

11 ‘‘at least 15, but not more than 20, members’’; 

12 and 

13 (B) by striking ‘‘at least 10’’ and inserting 

14 ‘‘at least 13’’; and 

15 (2) in subsection (h)(1), by striking ‘‘Program 

16 established under section 28’’ and inserting ‘‘pro17 grams established under sections 28 and 34’’. 

18 SEC. 408. EMERGENCY COMMUNICATION AND TRACKING 

19 TECHNOLOGIES RESEARCH INITIATIVE. 

20 (a) ESTABLISHMENT.—The Director shall establish a 

21 research initiative to support the development of emergency 

22 communication and tracking technologies for use in locat23 ing trapped individuals in confined spaces, such as under24 ground mines, and other shielded environments, such as 


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1 high-rise buildings or collapsed structures, where conven2 tional radio communication is limited. 

3 (b) ACTIVITIES.—In order to carry out this section, the 

4 Director shall work with the private sector and appropriate 

5 Federal agencies to— 

6 (1) perform a needs assessment to identify and 

7 evaluate the measurement, technical standards, and 

8 conformity assessment needs required to improve the 

9 operation and reliability of such emergency commu10 nication and tracking technologies; and 

11 (2) support the development of technical stand12 ards and conformance architecture to improve the op13 eration and reliability of such emergency communica14 tion and tracking technologies. 

15 (c) REPORT.—Not later than 18 months after the date 

16 of enactment of this Act, the Director shall submit to Con17 gress and make publicly available a report describing the 

18 assessment performed under subsection (b)(1) and making 

19 recommendations about research priorities to address gaps 

20 in the measurement, technical standards, and conformity 

21 assessment needs identified by such assessment. 

22 SEC. 409. TIP ADVISORY BOARD. 

23 Section 28(k)(4) of the National Institute of Standards 

24 and Technology Act (15 U.S.C. 278n(k)(4)) is amended to 

25 read as follows: 


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1 ‘‘(4) FEDERAL ADVISORY COMMITTEE ACT APPLI2 CABILITY.— 

3 ‘‘(A) IN GENERAL.—In discharging its du4 ties under this subsection, the TIP Advisory 

5 Board shall function solely in an advisory ca6 pacity, in accordance with the Federal Advisory 

7 Committee Act. 

8 ‘‘(B) EXCEPTION.—Section 14 of the Fed9 eral Advisory Committee Act shall not apply to 

10 the TIP Advisory Board.’’. 

11 SEC. 410. UNDERREPRESENTED MINORITIES. 

12 (a) RESEARCH FELLOWSHIPS.—Section 18 of the Na13 tional Institute of Standards and Technology Act (15 

14 U.S.C. 278g-1) is amended by adding at the end the fol15 lowing: 

16 ‘‘(c) UNDERREPRESENTED MINORITIES.—In evalu17 ating applications for fellowships under this section, the Di18 rector shall give consideration to the goal of promoting the 

19 participation of underrepresented minorities in research 

20 areas supported by the Institute.’’. 

21 (b) POSTDOCTORAL FELLOWSHIP PROGRAM.—Section 

22 19 of such Act (15 U.S.C. 278g-2) is amended by adding 

23 at the end the following: ‘‘In evaluating applications for 

24 fellowships under this section, the Director shall give consid25 eration to the goal of promoting the participation of underVerDate Mar 15 2010 21:37 May 07, 2010 Jkt 089200 PO 00000 Frm 00173 Fmt 6652 Sfmt 6203 E:\BILLS\H5116.RH H5116

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1 represented minorities in research areas supported by the 

2 Institute.’’. 

3 (c) TEACHER DEVELOPMENT.—Section 19A(c) of such 

4 Act (15 U.S.C. 278g-2a(c)) is amended by adding at the 

5 end the following: ‘‘The Director shall give special consider6 ation to an application from a teacher from a high-need 

7 school, as defined in section 200 of the Higher Education 

8 Act of 1965 (20 U.S.C. 1021).’’. 

9 SEC. 411. CYBER SECURITY STANDARDS AND GUIDELINES. 

10 Cyber security standards and guidelines developed by 

11 the National Institute of Standards and Technology for use 

12 by United States industry and the public shall be vol13 untary. 

14 SEC. 412. DEFINITIONS. 

15 In this title: 

16 (1) DIRECTOR.—The term ‘‘Director’’ means the 

17 Director of the National Institute of Standards and 

18 Technology. 

19 (2) FEDERAL AGENCY.—The term ‘‘Federal agen20 cy’’ has the meaning given such term in section 4 of 

21 the Stevenson-Wydler Technology Innovation Act of 

22 1980 (15 U.S.C. 3703). 


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1 TITLE V—INNOVATION 

2 SEC. 501. OFFICE OF INNOVATION AND ENTREPRENEUR3 SHIP. 

4 The Stevenson-Wydler Technology Innovation Act of 

5 1980 (15 U.S.C. 3701 et seq.) is amended by adding at the 

6 end the following new section: 

7 ‘‘SEC. 24. OFFICE OF INNOVATION AND ENTREPRENEUR8 SHIP. 

9 ‘‘(a) IN GENERAL.—The Secretary shall establish an 

10 Office of Innovation and Entrepreneurship to foster innova11 tion and the commercialization of new technologies, prod12 ucts, processes, and services with the goal of promoting pro13 ductivity and economic growth in the United States. 

14 ‘‘(b) DUTIES.—The Office of Innovation and Entrepre15 neurship shall be responsible for— 

16 ‘‘(1) developing and advocating policies to accel17 erate innovation and advance the commercialization 

18 of research and development, including federally fund19 ed research and development; 

20 ‘‘(2) identifying existing barriers to innovation 

21 and commercialization, including access to capital 

22 and other resources, and ways to overcome those bar23 riers; 


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1 ‘‘(3) providing access to relevant data, research, 

2 and technical assistance on innovation and commer3 cialization; 

4 ‘‘(4) strengthening collaboration on and coordi5 nation of policies relating to innovation and commer6 cialization within the Department of Commerce and 

7 between the Department of Commerce and other Fed8 eral agencies, as appropriate; and 

9 ‘‘(5) any other duties as determined by the Sec10 retary. 

11 ‘‘(c) ADVISORY COMMITTEE.—The Secretary shall es12 tablish an Advisory Council on Innovation and Entrepre13 neurship to provide advice to the Secretary on carrying out 

14 subsection (b).’’. 

15 SEC. 502. FEDERAL LOAN GUARANTEES FOR INNOVATIVE 

16 TECHNOLOGIES IN MANUFACTURING. 

17 The Stevenson-Wydler Technology Innovation Act of 

18 1980 (15 U.S.C. 3701 et seq.) is further amended by adding 

19 after section 24, as added by section 501 of this title, the 

20 following new section: 

21 ‘‘SEC. 25. FEDERAL LOAN GUARANTEES FOR INNOVATIVE 

22 TECHNOLOGIES IN MANUFACTURING. 

23 ‘‘(a) ESTABLISHMENT.—The Secretary shall establish 

24 a program to provide loan guarantees for obligations to 


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1 small- or medium-sized manufacturers for the use or pro2 duction of innovative technologies. 

3 ‘‘(b) ELIGIBLE PROJECTS.—A loan guarantee may be 

4 made under such program only for a project that reequips, 

5 expands, or establishes a manufacturing facility in the 

6 United States to— 

7 ‘‘(1) use an innovative technology or an innova8 tive process in manufacturing; or 

9 ‘‘(2) manufacture an innovative technology prod10 uct or an integral component of such product. 

11 ‘‘(c) ELIGIBLE BORROWER.—A loan guarantee may be 

12 made under such program only for a borrower who is a 

13 small- or medium-sized manufacturer, as determined by the 

14 Secretary under the criteria established pursuant to sub15 section (m). 

16 ‘‘(d) LIMITATION ON AMOUNT.—A loan guarantee shall 

17 not exceed an amount equal to 80 percent of the obligation, 

18 as estimated at the time at which the loan guarantee is 

19 issued. 

20 ‘‘(e) LIMITATIONS ON LOAN GUARANTEE.—No loan 

21 guarantee shall be made unless the Secretary determines 

22 that— 

23 ‘‘(1) there is a reasonable prospect of repayment 

24 of the principal and interest on the obligation by the 

25 borrower; 


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1 ‘‘(2) the amount of the obligation (when com2 bined with amounts available to the borrower from 

3 other sources) is sufficient to carry out the project; 

4 ‘‘(3) the obligation is not subordinate to other fi5 nancing; 

6 ‘‘(4) the obligation bears interest at a rate that 

7 does not exceed a level that the Secretary determines 

8 appropriate, taking into account the prevailing rate 

9 of interest in the private sector for similar loans and 

10 risks; and 

11 ‘‘(5) the term of an obligation requires full re12 payment over a period not to exceed the lesser of— 

13 ‘‘(A) 30 years; or 

14 ‘‘(B) 90 percent of the projected useful life, 

15 as determined by the Secretary, of the physical 

16 asset to be financed by the obligation. 

17 ‘‘(f) DEFAULTS.— 

18 ‘‘(1) PAYMENT BY SECRETARY.— 

19 ‘‘(A) IN GENERAL.—If a borrower defaults 

20 (as defined in regulations promulgated by the 

21 Secretary and specified in the loan guarantee) 

22 on the obligation, the holder of the loan guar23 antee shall have the right to demand payment of 

24 the unpaid amount from the Secretary. 


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1 ‘‘(B) PAYMENT REQUIRED.—Within such 

2 period as may be specified in the loan guarantee 

3 or related agreements, the Secretary shall pay to 

4 the holder of the loan guarantee the unpaid in5 terest on and unpaid principal of the obligation 

6 as to which the borrower has defaulted, unless the 

7 Secretary finds that there was no default by the 

8 borrower in the payment of interest or principal 

9 or that the default has been remedied. 

10 ‘‘(C) FORBEARANCE.—Nothing in this sub11 section precludes any forbearance by the holder 

12 of the obligation for the benefit of the borrower 

13 which may be agreed upon by the parties to the 

14 obligation and approved by the Secretary. 

15 ‘‘(2) SUBROGATION.— 

16 ‘‘(A) IN GENERAL.—If the Secretary makes 

17 a payment under paragraph (1), the Secretary 

18 shall be subrogated to the rights, as specified in 

19 the loan guarantee, of the recipient of the pay20 ment or related agreements including, if appro21 priate, the authority (notwithstanding any other 

22 provision of law) to— 

23 ‘‘(i) complete, maintain, operate, lease, 

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1 quired pursuant to such loan guarantee or 

2 related agreement; or 

3 ‘‘(ii) permit the borrower, pursuant to 

4 an agreement with the Secretary, to con5 tinue to pursue the purposes of the project 

6 if the Secretary determines that such an 

7 agreement is in the public interest. 

8 ‘‘(B) SUPERIORITY OF RIGHTS.—The rights 

9 of the Secretary, with respect to any property ac10 quired pursuant to a loan guarantee or related 

11 agreements, shall be superior to the rights of any 

12 other person with respect to the property. 

13 ‘‘(3) ACTION BY ATTORNEY GENERAL.— 

14 ‘‘(A) NOTIFICATION.—If the borrower de15 faults on an obligation, the Secretary shall notify 

16 the Attorney General of the default. 

17 ‘‘(B) RECOVERY.—On notification, the At18 torney General shall take such action as is ap19 propriate to recover the unpaid principal and 

20 interest. 

21 ‘‘(g) PAYMENT OF PRINCIPAL AND INTEREST BY SEC22 RETARY.—With respect to any obligation guaranteed under 

23 this section, the Secretary may enter into a contract to pay, 

24 and pay, holders of the obligation for and on behalf of the 

25 borrower from funds appropriated for that purpose the 


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1 principal and interest payments that become due and pay2 able on the unpaid balance of the obligation if the Secretary 

3 finds that— 

4 ‘‘(1)(A) the borrower is unable to make the pay5 ments and is not in default; 

6 ‘‘(B) it is in the public interest to permit the 

7 borrower to continue to pursue the project; and 

8 ‘‘(C) the probable net benefit to the Federal Gov9 ernment in paying the principal and interest will be 

10 greater than that which would result in the event of 

11 a default; 

12 ‘‘(2) the amount of the payment that the Sec13 retary is authorized to pay shall be no greater than 

14 the amount of principal and interest that the bor15 rower is obligated to pay under the obligation being 

16 guaranteed; and 

17 ‘‘(3) the borrower agrees to reimburse the Sec18 retary for the payment (including interest) on terms 

19 and conditions that are satisfactory to the Secretary. 

20 ‘‘(h) TERMS AND CONDITIONS.—A loan guarantee 

21 under this section shall include such detailed terms and con22 ditions as the Secretary determines appropriate to— 

23 ‘‘(1) protect the interests of the United States in 

24 the case of default; and 


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1 ‘‘(2) have available all the patents and tech2 nology necessary for any person selected, including 

3 the Secretary, to complete and operate the project. 

4 ‘‘(i) CONSULTATION.—In establishing the terms and 

5 conditions of a loan guarantee under this section, the Sec6 retary shall consult with the Secretary of the Treasury. 

7 ‘‘(j) FEES.— 

8 ‘‘(1) IN GENERAL.—The Secretary shall charge 

9 and collect fees for loan guarantees in amounts the 

10 Secretary determines are sufficient to cover applicable 

11 administrative expenses. 

12 ‘‘(2) AVAILABILITY.—Fees collected under this 

13 subsection shall— 

14 ‘‘(A) be deposited by the Secretary into the 

15 Treasury of the United States; and 

16 ‘‘(B) remain available until expended, sub17 ject to such other conditions as are contained in 

18 annual appropriations Acts. 

19 ‘‘(k) RECORDS.— 

20 ‘‘(1) IN GENERAL.—With respect to a loan guar21 antee under this section, the borrower, the lender, and 

22 any other appropriate party shall keep such records 

23 and other pertinent documents as the Secretary shall 

24 prescribe by regulation, including such records as the 

25 Secretary may require to facilitate an effective audit. 


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1 ‘‘(2) ACCESS.—The Secretary and the Comp2 troller General of the United States, or their duly au3 thorized representatives, shall have access to records 

4 and other pertinent documents for the purpose of con5 ducting an audit. 

6 ‘‘(l) FULL FAITH AND CREDIT.—The full faith and 

7 credit of the United States is pledged to the payment of 

8 all loan guarantees issued under this section with respect 

9 to principal and interest. 

10 ‘‘(m) REGULATIONS.—The Secretary shall issue final 

11 regulations before making any loan guarantees under the 

12 program. Such regulations shall include— 

13 ‘‘(1) criteria that the Secretary shall use to de14 termine eligibility for loan guarantees under this sec15 tion, including— 

16 ‘‘(A) whether a borrower is a small- or me17 dium-sized manufacturer; and 

18 ‘‘(B) whether a borrower demonstrates that 

19 a market exists for the innovative technology 

20 product, or the integral component of such prod21 uct, to be manufactured, as evidenced by written 

22 statements of interest from potential purchasers; 

23 ‘‘(2) policies and procedures for selecting and 

24 monitoring lenders and loan performance; and 


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1 ‘‘(3) any other policies, procedures, or informa2 tion necessary to implement this section. 

3 ‘‘(n) AUDIT.— 

4 ‘‘(1) ANNUAL INDEPENDENT AUDITS.—The Sec5 retary shall enter into an arrangement with an inde6 pendent auditor for annual evaluations of the pro7 gram under this section. 

8 ‘‘(2) ANNUAL REVIEW.—The Comptroller General 

9 shall conduct an annual review of the Secretary’s exe10 cution of the program under this section. 

11 ‘‘(3) REPORT.—The results of the independent 

12 audit under paragraph (1) and the Comptroller Gen13 eral’s review under paragraph (2) shall be provided 

14 directly to the Committee on Science and Technology 

15 of the House of Representatives and the Committee on 

16 Commerce, Science, and Transportation of the Senate. 

17 ‘‘(o) REPORT TO CONGRESS.—Concurrent with the 

18 submission to Congress of the President’s annual budget re19 quest in each year after the date of enactment of this section, 

20 the Secretary shall transmit to the Committee on Science 

21 and Technology of the House of Representatives and the 

22 Committee on Commerce, Science, and Transportation of 

23 the Senate a report containing a summary of all activities 

24 carried out under this section. 


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1 ‘‘(p) COORDINATION AND NONDUPLICATION.—To the 

2 maximum extent practicable, the Secretary shall ensure 

3 that the activities carried out under this section are coordi4 nated with, and do not duplicate the efforts of, other loan 

5 guarantee programs within the Federal Government. 

6 ‘‘(q) MEP CENTERS.—The Secretary may use centers 

7 established under section 25 of the National Institute of 

8 Standards and Technology Act (15 U.S.C. 278k) to provide 

9 information about the program established under this sec10 tion and to conduct outreach to potential borrowers, as ap11 propriate. 

12 ‘‘(r) MINIMIZING RISK.—The Secretary shall promul13 gate regulations and policies to carry out this section in 

14 accordance with Office of Management and Budget Circular 

15 No. A-129, entitled ‘Policies for Federal Credit Programs 

16 and Non-Tax Receivables’, as in effect on the date of enact17 ment of this section. 

18 ‘‘(s) SENSE OF CONGRESS.—It is the sense of Congress 

19 that no loan guarantee shall be made under this section un20 less the borrower agrees to use a federally-approved elec21 tronic employment eligibility verification system to verify 

22 the employment eligibility of— 

23 ‘‘(1) all persons hired during the contract term 

24 by the borrower to perform employment duties within 

25 the United States; and 


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1 ‘‘(2) all persons assigned by the borrower to per2 form work within the United States on the project. 

3 ‘‘(t) DEFINITIONS.—In this section: 

4 ‘‘(1) COST.—The term ‘cost’ has the meaning 

5 given such term under section 502 of the Federal 

6 Credit Reform Act of 1990 (2 U.S.C. 661a). 

7 ‘‘(2) INNOVATIVE PROCESS.—The term ‘innova8 tive process’ means a process that is significantly im9 proved as compared to the process in general use in 

10 the commercial marketplace in the United States at 

11 the time the loan guarantee is issued. 

12 ‘‘(3) INNOVATIVE TECHNOLOGY.—The term ‘inno13 vative technology’ means a technology that is signifi14 cantly improved as compared to the technology in 

15 general use in the commercial marketplace in the 

16 United States at the time the loan guarantee is 

17 issued. 

18 ‘‘(4) LOAN GUARANTEE.—The term ‘loan guar19 antee’ has the meaning given such term in section 502 

20 of the Federal Credit Reform Act of 1990 (2 U.S.C. 

21 661a). The term includes a loan guarantee commit22 ment (as defined in section 502 of such Act (2 U.S.C. 

23 661a)). 


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1 ‘‘(5) OBLIGATION.—The term ‘obligation’ means 

2 the loan or other debt obligation that is guaranteed 

3 under this section. 

4 ‘‘(6) PROGRAM.—The term ‘program’ means the 

5 loan guarantee program established in subsection (a). 

6 ‘‘(u) AUTHORIZATION OF APPROPRIATIONS.— 

7 ‘‘(1) COST OF LOAN GUARANTEES.—There are 

8 authorized to be appropriated $50,000,000 for each of 

9 fiscal years 2011 through 2015 to provide the cost of 

10 loan guarantees under this section. 

11 ‘‘(2) PRINCIPAL AND INTEREST.—There are au12 thorized to be appropriated such sums as are nec13 essary to carry out subsection (g).’’. 

14 SEC. 503. REGIONAL INNOVATION PROGRAM. 

15 The Stevenson-Wydler Technology Innovation Act of 

16 1980 (15 U.S.C. 3701 et seq.) is further amended by adding 

17 after section 25, as added by section 502 of this title, the 

18 following new section: 

19 ‘‘SEC. 26. REGIONAL INNOVATION PROGRAM. 

20 ‘‘(a) ESTABLISHMENT.—The Secretary shall establish 

21 a regional innovation program to encourage and support 

22 the development of regional innovation strategies, including 

23 regional innovation clusters. 

24 ‘‘(b) REGIONAL INNOVATION CLUSTER GRANTS.— 


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1 ‘‘(1) IN GENERAL.—As part of the program es2 tablished under subsection (a), the Secretary may 

3 award grants on a competitive basis to eligible recipi4 ents for activities relating to the formation and devel5 opment of regional innovation clusters. 

6 ‘‘(2) PERMISSIBLE ACTIVITIES.—Grants awarded 

7 under this subsection may be used for activities deter8 mined appropriate by the Secretary, including the 

9 following: 

10 ‘‘(A) Feasibility studies. 

11 ‘‘(B) Planning activities. 

12 ‘‘(C) Technical assistance. 

13 ‘‘(D) Developing or strengthening commu14 nication and collaboration between and among 

15 participants of a regional innovation cluster. 

16 ‘‘(E) Attracting additional participants to 

17 a regional innovation cluster. 

18 ‘‘(F) Facilitating market development of 

19 products and services developed by a regional in20 novation cluster, including through demonstra21 tion, deployment, technology transfer, and com22 mercialization activities. 

23 ‘‘(G) Developing relationships between a re24 gional innovation cluster and entities or clusters 

25 in other regions. 


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1 ‘‘(3) ELIGIBLE RECIPIENT.—For purposes of this 

2 subsection, the term ‘eligible recipient’ means any of 

3 the following: 

4 ‘‘(A) A State. 

5 ‘‘(B) An Indian tribe. 

6 ‘‘(C) A city or other political subdivision of 

7 a State. 

8 ‘‘(D) An entity that— 

9 ‘‘(i) is a nonprofit organization, an in10 stitution of higher education, a public-pri11 vate partnership, or an economic develop12 ment organization or similar entity; and 

13 ‘‘(ii) has an application that is sup14 ported by a State or a political subdivision 

15 of a State. 

16 ‘‘(E) A consortium of any of the entities 

17 listed in subparagraphs (A) through (D). 

18 ‘‘(4) APPLICATION.— 

19 ‘‘(A) IN GENERAL.—An eligible recipient 

20 shall submit an application to the Secretary at 

21 such time, in such manner, and containing such 

22 information and assurances as the Secretary 

23 may require. 

24 ‘‘(B) COMPONENTS.—The application shall 

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1 gional innovation cluster supported by the pro2 posed activity, including a description of the fol3 lowing: 

4 ‘‘(i) Whether the regional innovation 

5 cluster is supported by the private sector, 

6 State and local governments, and other rel7 evant stakeholders. 

8 ‘‘(ii) How the existing participants in 

9 the regional innovation cluster will encour10 age and solicit participation by all types of 

11 entities that might benefit from participa12 tion, including newly formed entities and 

13 those rival to existing participants. 

14 ‘‘(iii) The extent to which the regional 

15 innovation cluster is likely to stimulate in16 novation and have a positive impact on re17 gional economic growth and development. 

18 ‘‘(iv) Whether the participants in the 

19 regional innovation cluster have access to, 

20 or contribute to, a well-trained workforce. 

21 ‘‘(v) Whether the participants in the 

22 regional innovation cluster are capable of 

23 attracting additional funds from non-Fed24 eral sources. 


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1 ‘‘(vi) The likelihood that the partici2 pants in the regional innovation cluster will 

3 be able to sustain activities once grant 

4 funds under this subsection have been ex5 pended. 

6 ‘‘(5) COST SHARE.—The Secretary may not pro7 vide more than 50 percent of the total cost of any ac8 tivity funded under this subsection. 

9 ‘‘(6) USE AND APPLICATION OF RESEARCH AND

10 INFORMATION PROGRAM.—To the maximum extent 

11 practicable, the Secretary shall ensure that activities 

12 funded under this subsection use and apply any rel13 evant research, best practices, and metrics developed 

14 under the program established in subsection (c). 

15 ‘‘(c) REGIONAL INNOVATION RESEARCH AND INFORMA16 TION PROGRAM.— 

17 ‘‘(1) IN GENERAL.—As part of the program es18 tablished under subsection (a), the Secretary shall es19 tablish a regional innovation research and informa20 tion program to— 

21 ‘‘(A) gather, analyze, and disseminate infor22 mation on best practices for regional innovation 

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1 novation, productivity, and economic develop2 ment can be maximized through such strategies; 

3 ‘‘(B) provide technical assistance, including 

4 through the development of technical assistance 

5 guides, for the development and implementation 

6 of regional innovation strategies (including re7 gional innovation clusters); 

8 ‘‘(C) support the development of relevant 

9 metrics and measurement standards to evaluate 

10 regional innovation strategies (including re11 gional innovation clusters), including the extent 

12 to which such strategies stimulate innovation, 

13 productivity, and economic development; and 

14 ‘‘(D) collect and make available data on re15 gional innovation cluster activity in the United 

16 States, including data on— 

17 ‘‘(i) the size, specialization, and com18 petitiveness of regional innovation clusters; 

19 ‘‘(ii) the regional domestic product 

20 contribution, total jobs and earnings by key 

21 occupations, establishment size, nature of 

22 specialization, patents, Federal research 

23 and development spending, and other rel24 evant information for regional innovation 

25 clusters; and 


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1 ‘‘(iii) supply chain product and service 

2 flows within and between regional innova3 tion clusters. 

4 ‘‘(2) RESEARCH GRANTS.—The Secretary may 

5 award research grants on a competitive basis to sup6 port and further the goals of the program established 

7 under this subsection. 

8 ‘‘(3) DISSEMINATION OF INFORMATION.—Data 

9 and analysis compiled by the Secretary under the 

10 program established in this subsection shall be made 

11 available to other Federal agencies, State and local 

12 governments, and nonprofit and for-profit entities. 

13 ‘‘(4) CLUSTER GRANT PROGRAM.—The Secretary 

14 shall incorporate data and analysis relating to any 

15 regional innovation cluster supported by a grant 

16 under subsection (b) into the program established 

17 under this subsection. 

18 ‘‘(d) INTERAGENCY COORDINATION.— 

19 ‘‘(1) IN GENERAL.—To the maximum extent 

20 practicable, the Secretary shall ensure that the activi21 ties carried out under this section are coordinated 

22 with, and do not duplicate the efforts of, other pro23 grams at the Department of Commerce or other Fed24 eral agencies. 


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1 ‘‘(2) COLLABORATION.—The Secretary shall ex2 plore and pursue collaboration with other Federal 

3 agencies, including through multiagency funding op4 portunities, on regional innovation strategies. 

5 ‘‘(e) EVALUATION.— 

6 ‘‘(1) IN GENERAL.—Not later than 4 years after 

7 the date of enactment of this section, the Secretary 

8 shall enter into a contract with an independent enti9 ty, such as the National Academy of Sciences, to con10 duct an evaluation of the program established under 

11 subsection (a). 

12 ‘‘(2) REQUIREMENTS.—The evaluation shall in13 clude— 

14 ‘‘(A) whether such program is achieving its 

15 goals; 

16 ‘‘(B) any recommendations for how such 

17 program may be improved; and 

18 ‘‘(C) a recommendation as to whether such 

19 program should be continued or terminated. 

20 ‘‘(f) REGIONAL INNOVATION CLUSTER DEFINED.—The 

21 term ‘regional innovation cluster’ means a geographically 

22 bounded network of similar, synergistic, or complementary 

23 entities that— 

24 ‘‘(1) are engaged in or with a particular indus25 try sector; 


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1 ‘‘(2) have active channels for business trans2 actions and communication; 

3 ‘‘(3) share specialized infrastructure, labor mar4 kets, and services; and 

5 ‘‘(4) leverage the region’s unique competitive 

6 strengths to stimulate innovation and create jobs. 

7 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 

8 are authorized to be appropriated such sums as are nec9 essary for each of fiscal years 2011 through 2015 to carry 

10 out this section, including such sums as are necessary to 

11 carry out the evaluation required under subsection (e).’’. 

12 TITLE VI—DEPARTMENT OF 

13 ENERGY 

14 Subtitle A—Office of Science 

15 SEC. 601. SHORT TITLE. 

16 This subtitle may be cited as the ‘‘Department of En17 ergy Office of Science Authorization Act of 2010’’. 

18 SEC. 602. DEFINITIONS. 

19 Except as otherwise provided, in this subtitle: 

20 (1) DEPARTMENT.—The term ‘‘Department’’ 

21 means the Department of Energy. 

22 (2) DIRECTOR.—The term ‘‘Director’’ means the 

23 Director of the Office of Science. 


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1 (3) OFFICE OF SCIENCE.—The term ‘‘Office of 

2 Science’’ means the Department of Energy Office of 

3 Science. 

4 (4) SECRETARY.—The term ‘‘Secretary’’ means 

5 the Secretary of Energy. 

6 SEC. 603. MISSION OF THE OFFICE OF SCIENCE. 

7 (a) MISSION.—The mission of the Office of Science 

8 shall be the delivery of scientific discoveries, capabilities, 

9 and major scientific tools to transform the understanding 

10 of nature and to advance the energy, economic, and na11 tional security of the United States. 

12 (b) DUTIES.—In support of this mission, the Secretary 

13 shall carry out, through the Office of Science, programs on 

14 basic energy sciences, biological and environmental re15 search, advanced scientific computing research, fusion en16 ergy sciences, high energy physics, and nuclear physics 

17 through activities focused on— 

18 (1) Science for Discovery to unravel nature’s 

19 mysteries through the study of subatomic particles, 

20 atoms, and molecules that make up the materials of 

21 our everyday world to DNA, proteins, cells, and en22 tire biological systems; 

23 (2) Science for National Need by— 


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1 (A) advancing a clean energy agenda 

2 through research on energy production, storage, 

3 transmission, efficiency, and use; and 

4 (B) advancing our understanding of the 

5 Earth’s climate through research in atmospheric 

6 and environmental sciences and climate change; 

7 and 

8 (3) National Scientific User Facilities to deliver 

9 the 21st century tools of science, engineering, and 

10 technology and provide the Nation’s researchers with 

11 the most advanced tools of modern science including 

12 accelerators, colliders, supercomputers, light sources 

13 and neutron sources, and facilities for studying the 

14 nanoworld. 

15 (c) SUPPORTING ACTIVITIES.—The activities described 

16 in subsection (b) shall include providing for relevant facili17 ties and infrastructure, analysis, coordination, and edu18 cation and outreach activities. 

19 (d) USER FACILITIES.—The Director shall carry out 

20 the construction, operation, and maintenance of user facili21 ties to support the activities described in subsection (b). As 

22 practicable, these facilities shall serve the needs of the De23 partment, industry, the academic community, and other 

24 relevant entities for the purposes of advancing the missions 

25 of the Department. 


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1 (e) OTHER AUTHORIZED ACTIVITIES.—In addition to 

2 the activities authorized under this subtitle, the Office of 

3 Science shall carry out such other activities it is authorized 

4 or required to carry out by law. 

5 (f) COORDINATION AND JOINT ACTIVITIES.—The De6 partment’s Under Secretary for Science shall ensure the co7 ordination of activities under this subtitle with the other 

8 activities of the Department, and shall support joint activi9 ties among the programs of the Department. 

10 (g) DOMESTICALLY SOURCED HARDWARE.— 

11 (1) PLAN.—The Director shall develop a plan to 

12 increase the percentage of domestically sourced hard13 ware for planned and ongoing projects of the Depart14 ment of Energy. In developing this plan, the Director 

15 shall— 

16 (A) give consideration to technologies that 

17 the United States does not currently have the ca18 pacity to manufacture and to procurement ac19 tivities that can strengthen United States high20 technology competitiveness broadly; 

21 (B) seek opportunities to engage and part22 ner with domestic manufacturers; and 

23 (C) annually assess levels of domestically 

24 available goods relevant to planned and ongoing 

25 projects of the Office of Science. 


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1 (2) INTERNATIONAL AGREEMENTS.—This sub2 section shall be applied in a manner consistent with 

3 United States obligations under international agree4 ments. 

5 (3) REPORT TO CONGRESS.—Not later than 1 

6 year after the date of enactment of this Act, the Direc7 tor shall transmit the plan developed under this sub8 section to the Committee on Energy and Natural Re9 sources of the Senate and the Committee on Science 

10 and Technology of the House of Representatives, and 

11 shall transmit any appropriate updates to those com12 mittees. 

13 (h) MERIT-REVIEWED STUDY.—As part of the Presi14 dent’s annual budget request, the Secretary shall include a 

15 detailed summary of the degree to which current research 

16 activities are competitive and merit-reviewed, including a 

17 list of activities that would have been undertaken in the 

18 absence of Congressionally-directed projects and an analysis 

19 of the effects of increasing the proportion of competitive, 

20 merit-reviewed activities on the strategic objectives of the 

21 Office of Science. 

22 SEC. 604. BASIC ENERGY SCIENCES PROGRAM. 

23 (a) PROGRAM.—As part of the activities authorized 

24 under section 603, the Director shall carry out a program 

25 in basic energy sciences, including materials sciences and 


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1 engineering, chemical sciences, physical biosciences, and 

2 geosciences, for the purpose of providing the scientific foun3 dations for new energy technologies. 

4 (b) BASIC ENERGY SCIENCES USER FACILITIES.— 

5 (1) IN GENERAL.—The Director shall carry out 

6 a program for the construction, operation, and main7 tenance of national user facilities to support the pro8 gram under this section. As practicable, these facili9 ties shall serve the needs of the Department, industry, 

10 the academic community, and other relevant entities 

11 to create and examine new materials and chemical 

12 processes for the purposes of advancing new energy 

13 technologies and improving the competitiveness of the 

14 United States. These facilities shall include— 

15 (A) x-ray light sources; 

16 (B) neutron sources; 

17 (C) electron beam microcharacterization 

18 centers; 

19 (D) nanoscale science research centers; and 

20 (E) other facilities the Director considers 

21 appropriate, consistent with section 603(d). 

22 (2) FACILITY CONSTRUCTION AND UPGRADES.— 

23 Consistent with the Office of Science’s project man24 agement practices, the Director shall support con25 struction of— 


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1 (A) the National Synchrotron Light Source 

2 II; 

3 (B) a Second Target Station at the Spall4 ation Neutron Source; and 

5 (C) an upgrade of the Advanced Photon 

6 Source to improve brightness and performance. 

7 (c) ENERGY FRONTIER RESEARCH CENTERS.— 

8 (1) IN GENERAL.—The Director shall carry out 

9 a grant program to provide awards, on a competitive, 

10 merit-reviewed basis, to multi-institutional collabora11 tions or other appropriate entities to conduct funda12 mental and use-inspired energy research to accelerate 

13 scientific breakthroughs related to needs identified 

14 in— 

15 (A) the Grand Challenges report of the De16 partment’s Basic Energy Sciences Advisory 

17 Committee; 

18 (B) the Basic Energy Sciences Basic Re19 search Needs workshop reports; 

20 (C) energy-related Grand Challenges for 

21 Engineering, as described by the National Acad22 emy of Engineering; or 

23 (D) other relevant reports identified by the 

24 Director. 


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1 (2) COLLABORATIONS.—A collaboration receiving 

2 a grant under this subsection may include multiple 

3 types of institutions and private sector entities. 

4 (3) SELECTION AND DURATION.— 

5 (A) IN GENERAL.—A collaboration under 

6 this subsection shall be selected for a period of 5 

7 years. 

8 (B) REAPPLICATION.—After the end of the 

9 period described in subparagraph (A), a grantee 

10 may reapply for selection for a second period of 

11 5 years on a competitive, merit-reviewed basis. 

12 (4) NO FUNDING FOR CONSTRUCTION.—No fund13 ing provided pursuant to this subsection may be used 

14 for the construction of new buildings or facilities. 

15 (d) ACCELERATOR RESEARCH AND DEVELOPMENT.— 

16 The Director shall carry out research and development on 

17 advanced accelerator technologies relevant to the develop18 ment of Basic Energy Sciences user facilities, in consulta19 tion with the Office of Science’s High Energy Physics and 

20 Nuclear Physics programs. 

21 SEC. 605. BIOLOGICAL AND ENVIRONMENTAL RESEARCH 

22 PROGRAM. 

23 (a) IN GENERAL.—As part of the activities authorized 

24 under section 603, and coordinated with the activities au25 thorized in section 604, the Director shall carry out a proVerDate Mar 15 2010 21:37 May 07, 2010 Jkt 089200 PO 00000 Frm 00202 Fmt 6652 Sfmt 6203 E:\BILLS\H5116.RH H5116

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1 gram of research, development, and demonstration in the 

2 areas of biological systems science and climate and environ3 mental science to support the energy and environmental 

4 missions of the Department. 

5 (b) BIOLOGICAL SYSTEMS SCIENCE ACTIVITIES.— 

6 (1) ACTIVITIES.—As part of the activities au7 thorized under subsection (a), the Director shall carry 

8 out research, development, and demonstration activi9 ties in fundamental, structural, computational, and 

10 systems biology to increase systems-level under11 standing of complex biological systems, which shall 

12 include activities to— 

13 (A) accelerate breakthroughs and new 

14 knowledge that will enable cost-effective sustain15 able production of— 

16 (i) biomass-based liquid transportation 

17 fuels, including hydrogen; 

18 (ii) bioenergy; and 

19 (iii) biobased products, 

20 that support the energy and environmental mis21 sions of the Department; 

22 (B) improve understanding of the global 

23 carbon cycle, including processes for removing 

24 carbon dioxide from the atmosphere, through 


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1 photosynthesis and other biological processes, for 

2 sequestration and storage; and 

3 (C) understand the biological mechanisms 

4 used to destroy, immobilize, or remove contami5 nants from subsurface environments. 

6 (2) RESEARCH PLAN.— 

7 (A) REQUIREMENT.—Not later than 1 year 

8 after the date of enactment of this Act, the Direc9 tor shall prepare and transmit to Congress a re10 search plan describing how the activities author11 ized under this subsection will be undertaken. 

12 (B) UTILIZATION OF EXISTING PLAN.—In 

13 developing the plan in subparagraph (A), the 

14 Director may utilize an existing research plan 

15 and update such plan to incorporate the activi16 ties identified in paragraph (1). 

17 (C) UPDATES.—Not later than 3 years after 

18 the initial report under this paragraph, and at 

19 least once every 3 years thereafter, the Director 

20 shall update the research plan and transmit it to 

21 Congress. 

22 (3) BIOENERGY RESEARCH CENTERS.— 

23 (A) IN GENERAL.—In carrying out the ac24 tivities under paragraph (1), the Director shall 

25 support at least 3 bioenergy research centers to 


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1 accelerate basic biological research, development, 

2 demonstration, and commercial application of 

3 biomass-based liquid transportation fuels, bio4 energy, and biobased products that support the 

5 energy and environmental missions of the De6 partment and are produced from a variety of re7 gionally diverse feedstocks. 

8 (B) GEOGRAPHIC DISTRIBUTION.—The Di9 rector shall ensure that the bioenergy research 

10 centers under this paragraph are established in 

11 geographically diverse locations. 

12 (C) SELECTION AND DURATION.—A center 

13 established under subparagraph (A) shall be se14 lected on a competitive, merit-reviewed basis for 

15 a period of 5 years beginning on the date of es16 tablishment of that center. A center already in 

17 existence on the date of enactment of this Act 

18 may continue to receive support for a period of 

19 5 years beginning on the date of establishment of 

20 that center. 

21 (4) ENABLING SYNTHETIC BIOLOGY PLAN.— 

22 (A) IN GENERAL.—The Secretary, in con23 sultation with other relevant Federal agencies, 

24 the academic community, research-based non25 profit entities, and the private sector, shall deVerDate Mar 15 2010 21:37 May 07, 2010 Jkt 089200 PO 00000 Frm 00205 Fmt 6652 Sfmt 6203 E:\BILLS\H5116.RH H5116

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1 velop a comprehensive plan for federally sup2 ported research and development activities that 

3 will support the energy and environmental mis4 sions of the Department and enable a competi5 tive synthetic biology industry in the United 

6 States. 

7 (B) PLAN.—The plan developed under sub8 paragraph (A) shall assess the need to create a 

9 database for synthetic biology information, the 

10 need and process for developing standards for bi11 ological parts, components and systems, and the 

12 need for a federally funded facility that enables 

13 the discovery, design, development, production, 

14 and systematic use of parts, components, and 

15 systems created through synthetic biology. The 

16 plan shall describe the role of the Federal Gov17 ernment in meeting these needs. 

18 (C) SUBMISSION TO CONGRESS.—The Sec19 retary shall transmit the plan developed under 

20 subparagraph (A) to the Congress not later than 

21 9 months after the date of enactment of this Act. 

22 (5) COMPUTATIONAL BIOLOGY AND SYSTEMS BI23 OLOGY KNOWLEDGEBASE.—As part of the activities 

24 described in paragraph (1), the Director, in collabora25 tion with the Advanced Scientific Computing ReVerDate Mar 15 2010 21:37 May 07, 2010 Jkt 089200 PO 00000 Frm 00206 Fmt 6652 Sfmt 6203 E:\BILLS\H5116.RH H5116

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1 search program described in section 606, shall carry 

2 out research in computational biology, acquire or oth3 erwise ensure the availability of hardware for biology4 specific computation, and establish and maintain an 

5 open virtual database and information management 

6 system to centrally integrate systems biology data, 

7 analytical software, and computational modeling 

8 tools that will allow data sharing and free informa9 tion exchange within the scientific community. 

10 (6) PROHIBITION ON BIOMEDICAL AND HUMAN

11 CELL AND HUMAN SUBJECT RESEARCH.— 

12 (A) NO BIOMEDICAL RESEARCH.—In car13 rying out activities under subsection (b), the Sec14 retary shall not conduct biomedical research. 

15 (B) LIMITATIONS.—Nothing in subsection 

16 (b) shall authorize the Secretary to conduct any 

17 research or demonstrations— 

18 (i) on human cells or human subjects; 

19 or 

20 (ii) designed to have direct application 

21 with respect to human cells or human sub22 jects. 

23 (C) INFORMATION SHARING.—Nothing in 

24 this paragraph shall restrict the Department 

25 from sharing information, including research 


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1 findings, research methodologies, models, or any 

2 other information, with any Federal agency. 

3 (7) REPEAL.—Section 977 of the Energy Policy 

4 Act of 2005 (42 U.S.C. 16317) is repealed. 

5 (c) CLIMATE AND ENVIRONMENTAL SCIENCES ACTIVI6 TIES.— 

7 (1) IN GENERAL.—As part of the activities au8 thorized under subsection (a), the Director shall carry 

9 out climate and environmental science research, 

10 which shall include activities to— 

11 (A) understand, observe, and model the re12 sponse of the Earth’s atmosphere and biosphere, 

13 including oceans, to increased concentrations of 

14 greenhouse gas emissions, and any associated 

15 changes in climate; 

16 (B) understand the processes for sequestra17 tion, destruction, immobilization, or removal of, 

18 and understand the movement of, contaminants 

19 and carbon in subsurface environments, includ20 ing at facilities of the Department; and 

21 (C) inform potential mitigation and adap22 tation options for increased concentrations of 

23 greenhouse gas emissions and any associated 

24 changes in climate. 


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1 (2) SUBSURFACE BIOGEOCHEMISTRY RE2 SEARCH.— 

3 (A) IN GENERAL.—As part of the activities 

4 described in paragraph (1), the Director shall 

5 carry out research to advance a fundamental un6 derstanding of coupled physical, chemical, and 

7 biological processes for controlling the movement 

8 of sequestered carbon and subsurface environ9 mental contaminants, including field observa10 tions of subsurface microorganisms and field11 scale subsurface research. 

12 (B) COORDINATION.— 

13 (i) DIRECTOR.—The Director shall 

14 carry out activities under this paragraph in 

15 accordance with priorities established by the 

16 Department’s Under Secretary for Science 

17 to support and accelerate the decontamina18 tion of relevant facilities managed by the 

19 Department. 

20 (ii) UNDER SECRETARY FOR

21 SCIENCE.—The Department’s Under Sec22 retary for Science shall ensure the coordina23 tion of the activities of the Department, in24 cluding activities under this paragraph, to 

25 support and accelerate the decontamination 


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1 of relevant facilities managed by the De2 partment. 

3 (3) NEXT-GENERATION ECOSYSTEM-CLIMATE EX4 PERIMENT.— 

5 (A) IN GENERAL.—As part of the activities 

6 described in paragraph (1), the Director, in col7 laboration with other relevant agencies that are 

8 participants in the United States Global Change 

9 Research Program, shall carry out the selection 

10 and development of a next-generation ecosystem11 climate change experiment to understand the im12 pact and feedbacks of increased temperature and 

13 elevated carbon levels on ecosystems. 

14 (B) REPORT.—Not later than 1 year after 

15 the date of enactment of this Act, the Director 

16 shall transmit to the Congress a report con17 taining— 

18 (i) an identification of the location or 

19 locations that have been selected for the ex20 periment described in subparagraph (A); 

21 (ii) a description of the need for addi22 tional experiments; and 

23 (iii) an associated research plan. 

24 (4) AMERIFLUX NETWORK COORDINATION AND

25 RESEARCH.—As part of the activities described in 


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1 paragraph (1), the Director shall carry out research 

2 and coordinate the AmeriFlux Network to directly ob3 serve and understand the exchange of greenhouse 

4 gases, water vapor, and heat energy within terrestrial 

5 ecosystems and the response of those systems to cli6 mate change and other dynamic terrestrial landscape 

7 changes. The Director, in collaboration with other rel8 evant Federal agencies, shall— 

9 (A) identify opportunities to incorporate in10 novative and emerging observation technologies 

11 and practices into the existing Network; 

12 (B) conduct research to determine the need 

13 for increased greenhouse gas observation Network 

14 facilities across North America to meet future 

15 mitigation and adaptation needs of the United 

16 States; and 

17 (C) examine how the technologies and prac18 tices described in subparagraph (A), and in19 creased coordination among scientific commu20 nities through the Network, have the potential to 

21 help characterize terrestrial baseline greenhouse 

22 gas emission sources and sinks in the United 

23 States and internationally. 

24 (5) CLIMATE AND EARTH MODELING.—As part of 

25 the activities described in paragraph (1), the Director, 


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1 in collaboration with the Advanced Scientific Com2 puting Research program described in section 606, 

3 shall carry out research to develop, evaluate, and use 

4 high-resolution regional climate, global climate, 

5 Earth, and predictive models to inform decisions on 

6 reducing the impacts of changing climate. 

7 (6) INTEGRATED ASSESSMENT RESEARCH.—As 

8 part of the activities described in paragraph (1), the 

9 Director shall carry out research into options for 

10 mitigation of and adaptation to climate change 

11 through multiscale models of the entire climate sys12 tem. Such modeling shall include human processes 

13 and greenhouse gas emissions, land use, and inter14 action among human and Earth systems. 

15 (7) COORDINATION.—The Director shall coordi16 nate activities under this subsection with other Office 

17 of Science activities and with the United States Glob18 al Change Research Program. 

19 (d) USER FACILITIES AND ANCILLARY EQUIPMENT.— 

20 (1) IN GENERAL.—The Director shall carry out 

21 a program for the construction, operation, and main22 tenance of user facilities to support the program 

23 under this section. As practicable, these facilities shall 

24 serve the needs of the Department, industry, the aca25 demic community, and other relevant entities. 


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1 (2) INCLUDED FUNCTIONS.—User facilities de2 scribed in paragraph (1) shall include facilities which 

3 carry out— 

4 (A) genome sequencing and analysis of 

5 plants, microbes, and microbial communities 

6 using high throughput tools, technologies, and 

7 comparative analysis; 

8 (B) molecular level research in biological, 

9 chemical, environmental, and subsurface sciences, 

10 including synthesis, dynamic properties, and 

11 interactions among natural and engineered ma12 terials; and 

13 (C) measurement of cloud and aerosol prop14 erties used for examining atmospheric processes 

15 and evaluating climate model performance, in16 cluding ground stations at various locations, mo17 bile resources, and aerial vehicles. 

18 SEC. 606. ADVANCED SCIENTIFIC COMPUTING RESEARCH 

19 PROGRAM. 

20 (a) IN GENERAL.—As part of the activities authorized 

21 under section 603, the Director shall carry out a research, 

22 development, demonstration, and commercial application 

23 program to advance computational and networking capa24 bilities to analyze, model, simulate, and predict complex 


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1 phenomena relevant to the development of new energy tech2 nologies and the competitiveness of the United States. 

3 (b) COORDINATION.— 

4 (1) DIRECTOR.—The Director shall carry out ac5 tivities under this section in accordance with prior6 ities established by the Department’s Under Secretary 

7 for Science to determine and meet the computational 

8 and networking research and facility needs of the Of9 fice of Science and all other relevant energy tech10 nology and energy efficiency programs within the De11 partment. 

12 (2) UNDER SECRETARY FOR SCIENCE.—The De13 partment’s Under Secretary for Science shall ensure 

14 the coordination of the activities of the Department, 

15 including activities under this section, to determine 

16 and meet the computational and networking research 

17 and facility needs of the Office of Science and all 

18 other relevant energy technology and energy efficiency 

19 programs within the Department. 

20 (c) RESEARCH TO SUPPORT ENERGY APPLICATIONS.— 

21 As part of the activities authorized under subsection (a), 

22 the program shall support research in high-performance 

23 computing and networking relevant to energy applications, 

24 including both basic and applied energy research programs 

25 carried out by the Secretary. 


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1 (d) REPORTS.— 

2 (1) ADVANCED COMPUTING FOR ENERGY APPLI3 CATIONS.—Not later than one year after the date of 

4 enactment of this Act, the Secretary shall transmit to 

5 the Congress a plan to integrate and leverage the ex6 pertise and capabilities of the program described in 

7 subsection (a), as well as other relevant computa8 tional and networking research programs and re9 sources supported by the Federal Government, to ad10 vance the missions of the Department’s applied en11 ergy and energy efficiency programs. 

12 (2) EXASCALE COMPUTING.—At least 18 months 

13 prior to the initiation of construction or installation 

14 of any exascale-class computing facility, the Secretary 

15 shall transmit a plan to the Congress detailing— 

16 (A) the proposed facility’s cost projections 

17 and capabilities to significantly accelerate the 

18 development of new energy technologies; 

19 (B) technical risks and challenges that must 

20 be overcome to achieve successful completion and 

21 operation of the facility; and 

22 (C) an assessment of the scientific and tech23 nological advances expected from such a facility 

24 relative to those expected from a comparable in25 vestment in expanded research and applications 


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1 at terascale-class and petascale-class computing 

2 facilities. 

3 (e) APPLIED MATHEMATICS AND SOFTWARE DEVELOP4 MENT FOR HIGH-END COMPUTING SYSTEMS.—The Director 

5 shall carry out activities to develop, test, and support math6 ematics, models, and algorithms for complex systems, as 

7 well as programming environments, tools, languages, and 

8 operating systems for high-end computing systems (as de9 fined in section 2 of the Department of Energy High-End 

10 Computing Revitalization Act of 2004 (15 U.S.C. 5541)). 

11 (f) HIGH-END COMPUTING FACILITIES.—The Director 

12 shall— 

13 (1) provide for sustained access by the public 

14 and private research community in the United States 

15 to high-end computing systems, including access to 

16 the National Energy Research Scientific Computing 

17 Center and to Leadership Systems (as defined in sec18 tion 2 of the Department of Energy High-End Com19 puting Revitalization Act of 2004 (15 U.S.C. 5541)); 

20 (2) provide technical support for users of such 

21 systems; and 

22 (3) conduct research and development on next23 generation computing architectures and platforms to 

24 support the missions of the Department. 


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1 (g) OUTREACH.—The Secretary shall conduct outreach 

2 programs and may form partnerships to increase the use 

3 of and access to high-performance computing modeling and 

4 simulation capabilities by industry, including manufactur5 ers. 

6 SEC. 607. FUSION ENERGY RESEARCH PROGRAM. 

7 (a) PROGRAM.—As part of the activities authorized 

8 under section 603, the Director shall carry out a fusion en9 ergy sciences research and enabling technology development 

10 program to effectively address the scientific and engineering 

11 challenges to building a cost-competitive fusion power plant 

12 and a competitive fusion power industry in the United 

13 States. As part of this program, the Director shall carry 

14 out research activities to expand the fundamental under15 standing of plasmas and matter at very high temperatures 

16 and densities. 

17 (b) ITER.—The Director shall coordinate and carry 

18 out the responsibilities of the United States with respect to 

19 the ITER international fusion project pursuant to the 

20 Agreement on the Establishment of the ITER International 

21 Fusion Energy Organization for the Joint Implementation 

22 of the ITER Project. 

23 (c) IDENTIFICATION OF PRIORITIES.—Not later than 

24 18 months after the date of enactment of this Act, the Sec25 retary shall transmit to the Congress a report on the DeVerDate Mar 15 2010 21:37 May 07, 2010 Jkt 089200 PO 00000 Frm 00217 Fmt 6652 Sfmt 6203 E:\BILLS\H5116.RH H5116

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1 partment’s proposed research and development activities in 

2 magnetic fusion over the 10 years following the date of en3 actment of this Act under four realistic budget scenarios. 

4 The report shall— 

5 (1) identify specific areas of fusion energy re6 search and enabling technology development in which 

7 the United States can and should establish or solidify 

8 a lead in the global fusion energy development effort; 

9 and 

10 (2) identify priorities for initiation of facility 

11 construction and facility decommissioning under each 

12 of those scenarios. 

13 (d) FUSION MATERIALS RESEARCH AND DEVELOP14 MENT.—The Director, in coordination with the Assistant 

15 Secretary for Nuclear Energy of the Department, shall 

16 carry out research and development activities to identify, 

17 characterize, and create materials that can endure the neu18 tron, plasma, and heat fluxes expected in a commercial fu19 sion power plant. As part of the activities authorized under 

20 subsection (c), the Secretary shall— 

21 (1) provide an assessment of the need for a facil22 ity or facilities that can examine and test potential 

23 fusion and next generation fission materials and 

24 other enabling technologies relevant to the develop25 ment of commercial fusion power plants; and 


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1 (2) provide an assessment of whether a single 

2 new facility that substantially addresses magnetic fu3 sion, inertial fusion, and next generation fission ma4 terials research needs is feasible, in conjunction with 

5 the expected capabilities of facilities operational as of 

6 the date of enactment of this Act. 

7 (e) ENABLING TECHNOLOGY DEVELOPMENT.—The Di8 rector shall carry out activities to develop technologies nec9 essary to enable the reliable, sustainable, safe, and economi10 cally competitive operation of a commercial fusion power 

11 plant. 

12 (f) FUSION SIMULATION PROJECT.—In collaboration 

13 with the Office of Science’s Advanced Scientific Computing 

14 Research program described in section 606, the Director 

15 shall carry out a computational project to advance the ca16 pability of fusion researchers to accurately simulate an en17 tire fusion energy system. 

18 (g) INERTIAL FUSION ENERGY RESEARCH AND DE19 VELOPMENT PROGRAM.—The Secretary shall carry out a 

20 program of research and technology development in inertial 

21 fusion for energy applications, including ion beam and 

22 laser fusion. Not later than 180 days after the release of 

23 a report from the National Academies on inertial fusion 

24 energy research, the Secretary shall transmit to Congress 

25 a report describing the Department’s plan to incorporate 


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1 any relevant recommendations from the National Acad2 emies’ report into this program. 

3 SEC. 608. HIGH ENERGY PHYSICS PROGRAM. 

4 (a) PROGRAM.—As part of the activities authorized 

5 under section 603, the Director shall carry out a research 

6 program on the elementary constituents of matter and en7 ergy and the nature of space and time. 

8 (b) NEUTRINO RESEARCH.—As part of the program 

9 described in subsection (a), the Director shall carry out re10 search activities on rare decay processes and the nature of 

11 the neutrino, which may— 

12 (1) include collaborations with the National 

13 Science Foundation on relevant projects; and 

14 (2) utilize components of existing accelerator fa15 cilities to produce neutrino beams of sufficient inten16 sity to explore research priorities identified by the 

17 High Energy Physics Advisory Panel or the National 

18 Academy of Sciences. 

19 (c) DARK ENERGY AND DARK MATTER RESEARCH.— 

20 As part of the program described in subsection (a), the Di21 rector shall carry out research activities on the nature of 

22 dark energy and dark matter. These activities shall be con23 sistent with research priorities identified by the High En24 ergy Physics Advisory Panel or the National Academy of 

25 Sciences, and may include— 


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1 (1) the development of space-based and land2 based facilities and experiments; and 

3 (2) collaborations with the National Aeronautics 

4 and Space Administration, the National Science 

5 Foundation, or international collaborations on rel6 evant research projects. 

7 (d) ACCELERATOR RESEARCH AND DEVELOPMENT.— 

8 The Director shall carry out research and development in 

9 advanced accelerator concepts and technologies to reduce the 

10 necessary scope and cost for the next generation of particle 

11 accelerators. 

12 (e) INTERNATIONAL COLLABORATION.—The Director, 

13 as practicable and in coordination with other appropriate 

14 Federal agencies as necessary, shall ensure the access of 

15 United States researchers to the most advanced accelerator 

16 facilities and research capabilities in the world, including 

17 the Large Hadron Collider. 

18 SEC. 609. NUCLEAR PHYSICS PROGRAM. 

19 (a) PROGRAM.—As part of the activities authorized 

20 under section 603, the Director shall carry out a research 

21 program, and support relevant facilities, to discover and 

22 understand various forms of nuclear matter. 

23 (b) FACILITY CONSTRUCTION AND UPGRADES.—Con24 sistent with the Office of Science’s project management 

25 practices, the Director shall carry out— 


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1 (1) an upgrade of the Continuous Electron Beam 

2 Accelerator Facility to a 12 gigaelectronvolt beam of 

3 electrons; and 

4 (2) construction of the Facility for Rare Isotope 

5 Beams. 

6 (c) ISOTOPE DEVELOPMENT AND PRODUCTION FOR

7 RESEARCH APPLICATIONS.—The Director shall carry out 

8 a program for the production of isotopes, including the de9 velopment of techniques to produce isotopes, that the Sec10 retary determines are needed for research or other purposes. 

11 In making this determination, the Secretary shall consider 

12 any relevant recommendations made by Federal advisory 

13 committees, the National Academies, and interagency work14 ing groups in which the Department participates. 

15 SEC. 610. SCIENCE LABORATORIES INFRASTRUCTURE PRO16 GRAM. 

17 (a) PROGRAM.—The Director shall carry out a pro18 gram to improve the safety, efficiency, and mission readi19 ness of infrastructure at Office of Science laboratories. The 

20 program shall include projects to— 

21 (1) renovate or replace space that does not meet 

22 research needs; 

23 (2) replace facilities that are no longer cost effec24 tive to renovate or operate; 


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1 (3) modernize utility systems to prevent failures 

2 and ensure efficiency; 

3 (4) remove excess facilities to allow safe and effi4 cient operations; and 

5 (5) construct modern facilities to conduct ad6 vanced research in controlled environmental condi7 tions. 

8 (b) MINOR CONSTRUCTION PROJECTS.— 

9 (1) AUTHORITY.—Using operation and mainte10 nance funds or facilities and infrastructure funds au11 thorized by law, the Secretary may carry out minor 

12 construction projects with respect to laboratories ad13 ministered by the Office of Science. 

14 (2) ANNUAL REPORT.—The Secretary shall sub15 mit to Congress, as part of the annual budget submis16 sion of the Department, a report on each exercise of 

17 the authority under subsection (a) during the pre18 ceding fiscal year. Each report shall include a sum19 mary of maintenance and infrastructure needs and 

20 associated funding requirements at each of the labora21 tories, including the amount of both planned and de22 ferred infrastructure spending at each laboratory. 

23 Each report shall provide a brief description of each 

24 minor construction project covered by the report. 


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1 (3) COST VARIATION REPORTS.—If, at any time 

2 during the construction of any minor construction 

3 project, the estimated cost of the project is revised and 

4 the revised cost of the project exceeds the minor con5 struction threshold, the Secretary shall immediately 

6 submit to Congress a report explaining the reasons for 

7 the cost variation. 

8 (4) DEFINITIONS.—In this section— 

9 (A) the term ‘‘minor construction project’’ 

10 means any plant project not specifically author11 ized by law for which the approved total esti12 mated cost does not exceed the minor construc13 tion threshold; and 

14 (B) the term ‘‘minor construction threshold’’ 

15 means $10,000,000, with such amount to be ad16 justed by the Secretary in accordance with the 

17 Engineering News-Record Construction Cost 

18 Index, or an appropriate alternative index as de19 termined by the Secretary, once every five years 

20 after the date of enactment of this Act. 

21 (5) NONAPPLICABILITY.—Sections 4703 and 

22 4704 of the Atomic Energy Defense Act (50 U.S.C. 

23 2743 and 2744) shall not apply to laboratories ad24 ministered by the Office of Science. 


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1 SEC. 611. AUTHORIZATION OF APPROPRIATIONS. 

2 There are authorized to be appropriated to the Sec3 retary for the activities of the Office of Science— 

4 (1) $5,247,000,000 for fiscal year 2011, of 

5 which— 

6 (A) $1,875,000,000 shall be for Basic En7 ergy Sciences activities under section 604; 

8 (B) $667,000,000 shall be for Biological and 

9 Environmental Research activities under section 

10 605; and 

11 (C) $466,000,000 shall be for Advanced Sci12 entific Computing Research activities under sec13 tion 606; 

14 (2) $5,614,000,000 for fiscal year 2012, of 

15 which— 

16 (A) $2,025,000,000 shall be for Basic En17 ergy Sciences activities under section 604; 

18 (B) $720,000,000 shall be for Biological and 

19 Environmental Research activities under section 

20 605; and 

21 (C) $503,000,000 shall be for Advanced Sci22 entific Computing Research activities under sec23 tion 606; 

24 (3) $6,007,000,000 for fiscal year 2013, of 

25 which— 


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1 (A) $2,187,000,000 shall be for Basic En2 ergy Sciences activities under section 604; 

3 (B) $778,000,000 shall be for Biological and 

4 Environmental Research activities under section 

5 605; and 

6 (C) $544,000,000 shall be for Advanced Sci7 entific Computing Research activities under sec8 tion 606; 

9 (4) $6,428,000,000 for fiscal year 2014, of 

10 which— 

11 (A) $2,362,000,000 shall be for Basic En12 ergy Sciences activities under section 604; 

13 (B) $840,000,000 shall be for Biological and 

14 Environmental Research activities under section 

15 605; and 

16 (C) $587,000,000 shall be for Advanced Sci17 entific Computing Research activities under sec18 tion 606; and 

19 (5) $6,878,000,000 for fiscal year 2015, of 

20 which— 

21 (A) $2,551,000,000 shall be for Basic En22 ergy Sciences activities under section 604; 

23 (B) $907,000,000 shall be for Biological and 

24 Environmental Research activities under section 

25 605; and 


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1 (C) $634,000,000 shall be for Advanced Sci2 entific Computing Research activities under sec3 tion 606. 

4 Subtitle B—Advanced Research 

5 Projects Agency-Energy 

6 SEC. 621. SHORT TITLE. 

7 This subtitle may be cited as the ‘‘ARPA-E Reauthor8 ization Act of 2010’’. 

9 SEC. 622. ARPA-E AMENDMENTS. 

10 Section 5012 of the America COMPETES Act (42 

11 U.S.C. 16538) is amended— 

12 (1) in subsection (c)(2)— 

13 (A) in subparagraph (A), by inserting ‘‘and 

14 applied’’ after ‘‘advances in fundamental’’; 

15 (B) by striking ‘‘and’’ at the end of sub16 paragraph (B); 

17 (C) by striking the period at the end of sub18 paragraph (C) and inserting ‘‘; and’’; and 

19 (D) by adding at the end the following new 

20 subparagraph: 

21 ‘‘(D) promoting the commercial application 

22 of advanced energy technologies.’’; 

23 (2) in subsection (e)(3), by amending subpara24 graph (C) to read as follows: 


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1 ‘‘(C) research and development of advanced 

2 manufacturing process and technologies for the 

3 domestic manufacturing of novel energy tech4 nologies; and’’; 

5 (3) in subsection (e)— 

6 (A) by striking ‘‘and’’ at the end of para7 graph (3)(D); 

8 (B) by striking the period at the end of 

9 paragraph (4) and inserting ‘‘; and’’; and 

10 (C) by adding at the end the following new 

11 paragraph: 

12 ‘‘(5) pursuant to subsection (c)(2)(C)— 

13 ‘‘(A) ensuring that applications for funding 

14 disclose the extent of current and prior efforts, 

15 including monetary investments as appropriate, 

16 in pursuit of the technology area for which fund17 ing is being requested; 

18 ‘‘(B) adopting measures to ensure that, in 

19 making awards, program managers adhere to the 

20 objectives in subsection (c)(2)(C); and 

21 ‘‘(C) providing as part of the annual report 

22 required by subsection (h)(1) a summary of the 

23 instances of and reasons for ARPA-E funding 

24 projects in technology areas already being under25 taken by industry.’’; 


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1 (4) by redesignating subsections (f) through (m) 

2 as subsections (g), (h), (i), (j), (l), (m), (n), and (o), 

3 respectively; 

4 (5) by inserting after subsection (e) the following 

5 new subsection: 

6 ‘‘(f) AWARDS.—In carrying out this section, the Direc7 tor shall initiate and execute awards in the form of grants, 

8 contracts, cooperative agreements, cash prizes, and other 

9 transactions.’’; 

10 (6) in subsection (g), as so redesignated by para11 graph (4) of this section— 

12 (A) by redesignating paragraphs (1) and 

13 (2) as paragraphs (2) and (3), respectively; 

14 (B) by inserting before paragraph (2), as so 

15 redesignated by subparagraph (A) of this para16 graph, the following new paragraph: 

17 ‘‘(1) IN GENERAL.—The Director shall establish 

18 and maintain within ARPA-E a staff with sufficient 

19 qualifications and expertise to enable ARPA-E to 

20 carry out its responsibilities under this section in 

21 conjunction with the operations of the rest of the De22 partment.’’; 

23 (C) in paragraph (2)(A), as so redesignated 

24 by subparagraph (A) of this paragraph— 


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1 (i) in the paragraph heading, by strik2 ing ‘‘PROGRAM MANAGERS’’ and inserting 

3 ‘‘PROGRAM DIRECTORS’’; 

4 (ii) by striking ‘‘program managers’’ 

5 and inserting ‘‘program directors’’; and 

6 (iii) by striking ‘‘each of’’. 

7 (D) in paragraph (2)(B), as so redesignated 

8 by subparagraph (A) of this paragraph— 

9 (i) by striking ‘‘program manager’’ 

10 and inserting ‘‘program director’’; 

11 (ii) in clause (iv), by striking ‘‘, with 

12 advice under subsection (j) as appro13 priate,’’; 

14 (iii) by redesignating clauses (v) and 

15 (vi) as clauses (vi) and (viii), respectively; 

16 (iv) by inserting after clause (iv) the 

17 following new clause: 

18 ‘‘(v) identifying innovative cost-shar19 ing arrangements for ARPA-E projects, in20 cluding through use of the authority under 

21 section 988(b)(3) of the Energy Policy Act 

22 of 2005 (42 U.S.C. 16352(b)(3));’’; 

23 (v) in clause (vi), as so redesignated by 

24 clause (iii) of this subparagraph, by strik25 ing ‘‘; and’’ and inserting a semicolon; and 


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1 (vi) by inserting after clause (vi), as so 

2 redesignated by clause (iii) of this subpara3 graph, the following new clause: 

4 ‘‘(vii) identifying mechanisms for com5 mercial application of successful energy 

6 technology development projects, including 

7 through establishment of partnerships be8 tween awardees and commercial entities; 

9 and’’; 

10 (E) in paragraph (2)(C), as so redesignated 

11 by subparagraph (A) of this paragraph, by in12 serting ‘‘up to’’ after ‘‘shall be’’; 

13 (F) in paragraph (3), as so redesignated by 

14 subparagraph (A) of this paragraph, by striking 

15 subparagraph (B) and redesignating subpara16 graphs (C) and (D) as subparagraphs (B) and 

17 (C), respectively; and 

18 (G) by adding at the end the following new 

19 paragraph: 

20 ‘‘(4) FELLOWSHIPS.—The Director is authorized 

21 to select exceptional early-career and senior scientific, 

22 legal, business, and technical personnel to serve as fel23 lows to work at ARPA-E for terms not to exceed two 

24 years. Responsibilities of fellows may include— 


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1 ‘‘(A) supporting program managers in pro2 gram creation, design, implementation, and 

3 management; 

4 ‘‘(B) exploring technical fields for future 

5 ARPA-E program areas; 

6 ‘‘(C) assisting the Director in the creation 

7 of the strategic vision for ARPA-E referred to in 

8 subsection (h)(2); 

9 ‘‘(D) preparing energy technology and eco10 nomic analyses; and 

11 ‘‘(E) any other appropriate responsibilities 

12 identified by the Director.’’; 

13 (7) in subsection (h)(2), as so redesignated by 

14 paragraph (4) of this section— 

15 (A) by striking ‘‘2008’’ and inserting 

16 ‘‘2010’’; and 

17 (B) by striking ‘‘2011’’ and inserting 

18 ‘‘2013’’; 

19 (8) by amending subsection (j), as so redesig20 nated by paragraph (4) of this section, to read as fol21 lows: 

22 ‘‘(j) FEDERAL DEMONSTRATION OF TECHNOLOGIES.— 

23 The Director shall seek opportunities to partner with pur24 chasing and procurement programs of Federal agencies to 


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1 demonstrate energy technologies resulting from activities 

2 funded through ARPA-E.’’; 

3 (9) by inserting after such subsection (j) the fol4 lowing new subsection: 

5 ‘‘(k) EVENTS.— 

6 ‘‘(1) The Director is authorized to convene, orga7 nize, and sponsor events that further the objectives of 

8 ARPA-E, including events that assemble awardees, 

9 the most promising applicants for ARPA-E funding, 

10 and a broad range of ARPA-E stakeholders (which 

11 may include members of relevant scientific research 

12 and academic communities, government officials, fi13 nancial institutions, private investors, entrepreneurs, 

14 and other private entities), for the purposes of— 

15 ‘‘(A) demonstrating projects of ARPA-E 

16 awardees; 

17 ‘‘(B) demonstrating projects of finalists for 

18 ARPA-E awards and other energy technology 

19 projects; 

20 ‘‘(C) facilitating discussion of the commer21 cial application of energy technologies developed 

22 under ARPA-E and other government-sponsored 

23 research and development programs; or 

24 ‘‘(D) such other purposes as the Director 

25 considers appropriate. 


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1 ‘‘(2) Funding for activities described in para2 graph (1) shall be provided as part of the technology 

3 transfer and outreach activities authorized under sub4 section (o)(4)(B).’ ’’’; 

5 (10) in subsection (m)(1), as so redesignated by 

6 paragraph (4) of this section, by striking ‘‘4 years’’ 

7 and inserting ‘‘6 years’’; 

8 (11) in subsection (m)(2)(B), as so redesignated 

9 by paragraph (4) of this section, by inserting ‘‘, and 

10 how those lessons may apply to the operation of other 

11 programs within the Department of Energy’’ after 

12 ‘‘ARPA-E’’; 

13 (12) by amending subsection (o)(2), as so redes14 ignated by paragraph (4) of this section, to read as 

15 follows: 

16 ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.— 

17 Subject to paragraph (4), there are authorized to be 

18 appropriated to the Director for deposit in the Fund, 

19 without fiscal year limitation— 

20 ‘‘(A) $300,000,000 for fiscal year 2011; 

21 ‘‘(B) $450,000,000 for fiscal year 2012; 

22 ‘‘(C) $600,000,000 for fiscal year 2013; 

23 ‘‘(D) $800,000,000 for fiscal year 2014; and 

24 ‘‘(E) $1,000,000,000 for fiscal year 2015.’’; 


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1 (13) in subsection (o), as so redesignated by 

2 paragraph (4) of this section, by— 

3 (A) striking paragraph (4); and 

4 (B) redesignating paragraph (5) as para5 graph (4); and 

6 (14) in subsection (o)(4)(B), as so redesignated 

7 by paragraphs (4) and (13)(B) of this subsection— 

8 (A) by striking ‘‘2.5 percent’’ and inserting 

9 ‘‘5 percent’’; and 

10 (B) by inserting ‘‘, consistent with the goal 

11 described in subsection (c)(2)(D) and within the 

12 responsibilities of program directors as specified 

13 in subsection (g)(2)(B)(vii)’’ after ‘‘outreach ac14 tivities’’. 

15 Subtitle C—Energy Innovation 

16 Hubs 

17 SEC. 631. SHORT TITLE. 

18 This subtitle may be cited as the ‘‘Energy Innovation 

19 Hubs Authorization Act of 2010’’. 

20 SEC. 632. ENERGY INNOVATION HUBS. 

21 (a) ESTABLISHMENT OF PROGRAM.— 

22 (1) IN GENERAL.—The Secretary of Energy shall 

23 carry out a program to enhance the Nation’s eco24 nomic, environmental, and energy security by making 

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1 ergy Innovation Hubs to conduct and support, when2 ever practicable at one centralized location, multi3 disciplinary, collaborative research, development, 

4 demonstration, and commercial application of ad5 vanced energy technologies in areas not being served 

6 by the private sector. 

7 (2) TECHNOLOGY DEVELOPMENT FOCUS.—The 

8 Secretary shall designate for each Hub a unique ad9 vanced energy technology development focus. 

10 (3) COORDINATION.—The Secretary shall ensure 

11 the coordination of, and avoid unnecessary duplica12 tion of, the activities of Hubs with those of other De13 partment of Energy research entities, including the 

14 National Laboratories, the Advanced Research 

15 Projects Agency—Energy, and Energy Frontier Re16 search Centers, and within industry. Such coordina17 tion shall include convening and consulting with rep18 resentatives of staff of the Department of Energy, rep19 resentatives from Hubs and the qualifying entities 

20 that are members of the consortia operating the Hubs, 

21 and representatives of such other entities as the Sec22 retary considers appropriate, to share research re23 sults, program plans, and opportunities for collabora24 tion. 


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1 (4) ADMINISTRATION.—The Secretary shall ad2 minister this section with respect to each Hub through 

3 the Department program office appropriate to admin4 ister the subject matter of the technology development 

5 focus assigned under paragraph (2) for the Hub. 

6 (b) CONSORTIA.— 

7 (1) ELIGIBILITY.—To be eligible to receive a 

8 grant under this section for the establishment and op9 eration of a Hub, a consortium shall— 

10 (A) be composed of no fewer than 2 quali11 fying entities; 

12 (B) operate subject to a binding agreement 

13 entered into by its members that documents— 

14 (i) the proposed partnership agree15 ment, including the governance and man16 agement structure of the Hub; 

17 (ii) measures to enable cost-effective 

18 implementation of the program under this 

19 section; 

20 (iii) a proposed budget, including fi21 nancial contributions from non-Federal 

22 sources; 

23 (iv) conflict of interest procedures con24 sistent with subsection (d)(3), all known 


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1 material conflicts of interest, and cor2 responding mitigation plans; 

3 (v) an accounting structure that en4 ables the Secretary to ensure that the con5 sortium has complied with the requirements 

6 of this section; and 

7 (vi) an external advisory committee 

8 consistent with subsection (d)(2); and 

9 (C) operate as a nonprofit organization. 

10 (2) APPLICATION.—A consortium seeking to es11 tablish and operate a Hub under this section, acting 

12 through a prime applicant, shall transmit to the Sec13 retary an application at such time, in such form, and 

14 accompanied by such information as the Secretary 

15 shall require, including a detailed description of the 

16 elements of the consortium agreement required under 

17 paragraph (1)(B). If the consortium members will not 

18 be located at one centralized location, such applica19 tion shall include a communications plan that en20 sures close coordination and integration of the Hub’s 

21 activities. 

22 (c) SELECTION AND SCHEDULE.—The Secretary shall 

23 select consortia for grants for the establishment and oper24 ation of Hubs through competitive selection processes. 

25 Grants made to a Hub shall be for a period not to exceed 


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1 5 years, after which the grant may be renewed, subject to 

2 a competitive selection process. 

3 (d) HUB OPERATIONS.— 

4 (1) IN GENERAL.—Hubs shall conduct or provide 

5 for multidisciplinary, collaborative research, develop6 ment, demonstration, and commercial application of 

7 advanced energy technologies within the technology 

8 development focus designated for the Hub by the Sec9 retary under subsection (a)(2). Each Hub shall— 

10 (A) encourage collaboration and commu11 nication among the member qualifying entities 

12 of the consortium and awardees by conducting 

13 activities whenever practicable at one centralized 

14 location; 

15 (B) develop and publish on the Department 

16 of Energy’s website proposed plans and pro17 grams; 

18 (C) submit an annual report to the Sec19 retary summarizing the Hub’s activities, includ20 ing detailing organizational expenditures, listing 

21 external advisory committee members, and de22 scribing each project undertaken by the Hub; 

23 and 

24 (D) monitor project implementation and co25 ordination. 


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1 (2) EXTERNAL ADVISORY COMMITTEE.—Each 

2 Hub shall establish an external advisory committee, 

3 the membership of which shall have sufficient exper4 tise to advise and provide guidance on scientific, tech5 nical, industry, financial, and research management 

6 matters. 

7 (3) CONFLICTS OF INTEREST.— 

8 (A) PROCEDURES.—Hubs shall establish 

9 conflict of interest procedures, consistent with 

10 those of the Department of Energy, to ensure 

11 that employees and consortia designees for Hub 

12 activities who are in decisionmaking capacities 

13 disclose all material conflicts of interest, includ14 ing financial, organizational, and personal con15 flicts of interest. 

16 (B) DISQUALIFICATION AND REVOCATION.— 

17 The Secretary may disqualify an application or 

18 revoke funds distributed to a Hub if the Sec19 retary discovers a failure to comply with conflict 

20 of interest procedures established under subpara21 graph (A). 

22 (e) PROHIBITION ON CONSTRUCTION.— 

23 (1) IN GENERAL.—No funds provided pursuant 

24 to this section may be used for construction of new 

25 buildings or facilities for Hubs. Construction of new 


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1 buildings or facilities shall not be considered as part 

2 of the non-Federal share of a Hub cost-sharing agree3 ment. 

4 (2) TEST BED AND RENOVATION EXCEPTION.— 

5 Nothing in this subsection shall prohibit the use of 

6 funds provided pursuant to this section, or non-Fed7 eral cost share funds, for the construction of a test bed 

8 or renovations to existing buildings or facilities for 

9 the purposes of research if the Oversight Board deter10 mines that the test bed or renovations are limited to 

11 a scope and scale necessary for the research to be con12 ducted. 

13 (f) OVERSIGHT BOARD.—The Secretary shall establish 

14 and maintain within the Department an Oversight Board 

15 to oversee the progress of Hubs. 

16 (g) PRIORITY CONSIDERATION.—The Secretary shall 

17 give priority consideration to applications in which 1 or 

18 more of the institutions under subsection (b)(1)(A) are 1890 

19 Land Grant Institutions (as defined in section 2 of the Ag20 ricultural Research, Extension, and Education Reform Act 

21 of 1998 (7 U.S.C. 7061)), Predominantly Black Institutions 

22 (as defined in section 318 of the Higher Education Act of 

23 1965 (20 U.S.C. 1059e)), Tribal Colleges or Universities (as 

24 defined in section 316(b) of the Higher Education Act of 

25 1965 (20 U.S.C. 1059c(b)), or Hispanic Serving InstituVerDate Mar 15 2010 21:37 May 07, 2010 Jkt 089200 PO 00000 Frm 00241 Fmt 6652 Sfmt 6203 E:\BILLS\H5116.RH H5116

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1 tions (as defined in section 318 of the Higher Education 

2 Act of 1965 (20 U.S.C. 1059e)). 

3 (h) DEFINITIONS.—For purposes of this section: 

4 (1) ADVANCED ENERGY TECHNOLOGY.—The term 

5 ‘‘advanced energy technology’’ means an innovative 

6 technology— 

7 (A) that produces energy from solar, wind, 

8 geothermal, biomass, tidal, wave, ocean, or other 

9 renewable energy resources; 

10 (B) that produces nuclear energy; 

11 (C) for carbon capture and sequestration; 

12 (D) that enables advanced vehicles, vehicle 

13 components, and related technologies that result 

14 in significant energy savings; 

15 (E) that generates, transmits, distributes, 

16 utilizes, or stores energy more efficiently than 

17 conventional technologies; or 

18 (F) that enhances the energy independence 

19 and security of the United States by enabling 

20 improved or expanded supply and production of 

21 domestic energy resources, including coal, oil, 

22 and natural gas. 

23 (2) HUB.—The term ‘‘Hub’’ means an Energy 

24 Innovation Hub established in accordance with this 

25 section. 


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1 (3) INSTITUTION OF HIGHER EDUCATION.—The 

2 term ‘‘institution of higher education’’ has the mean3 ing given that term in section 101(a) of the Higher 

4 Education Act of 1965 (20 U.S.C. 1001(a)). 

5 (4) QUALIFYING ENTITY.—The term ‘‘qualifying 

6 entity’’ means— 

7 (A) an institution of higher education; 

8 (B) an appropriate State or Federal entity, 

9 including the Department of Energy Federally 

10 Funded Research and Development Centers; 

11 (C) a nongovernmental organization with 

12 expertise in advanced energy technology research, 

13 development, demonstration, or commercial ap14 plication; or 

15 (D) any other relevant entity the Secretary 

16 considers appropriate. 

17 (5) SECRETARY.—The term ‘‘Secretary’’ means 

18 the Secretary of Energy. 

19 (i) AUTHORIZATION OF APPROPRIATIONS.—There are 

20 authorized to be appropriated to the Secretary to carry out 

21 this section— 

22 (1) $110,000,000 for fiscal year 2011; 

23 (2) $135,000,000 for fiscal year 2012; 

24 (3) $195,000,000 for fiscal year 2013; 

25 (4) $210,000,000 for fiscal year 2014; and 


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1 (5) $210,000,000 for fiscal year 2015. 

2 Subtitle D—Cooperative Research 

3 and Development Fund 

4 SEC. 641. SHORT TITLE. 

5 This subtitle may be cited as the ‘‘Cooperative Re6 search and Development Fund Authorization Act of 2010’’. 

7 SEC. 642. COOPERATIVE RESEARCH AND DEVELOPMENT 

8 FUND. 

9 (a) IN GENERAL.—The Secretary of Energy shall make 

10 funds available to Department of Energy National Labora11 tories for the Federal share of cooperative research and de12 velopment agreements. The Secretary of Energy shall deter13 mine the apportionment of such funds to each Department 

14 of Energy National Laboratory and shall ensure that spe15 cial consideration is given to small business firms and con16 sortia involving small business firms in the selection process 

17 for which cooperative research and development agreements 

18 will receive such funds. 

19 (b) REPORTING.—Each year the Secretary shall sub20 mit to Congress a report that describes how funds were ex21 pended under this subtitle. 

22 (c) AUTHORIZATION OF APPROPRIATIONS.—There are 

23 authorized to be appropriated to the Secretary such sums 

24 as are necessary to carry out this section each fiscal year. 


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1 No funds allocated for this section shall come from funds 

2 allocated for the Office of Science. 

3 TITLE VII—MISCELLANEOUS 

4 SEC. 701. SENSE OF CONGRESS. 

5 It is the sense of Congress that, among the programs 

6 and activities authorized in this Act, those that correspond 

7 to the recommendations of the National Academy of 

8 Sciences’ 2005 report entitled ‘‘Rising Above the Gathering 

9 Storm’’ remain critical to maintaining long-term United 

10 States economic competitiveness, and accordingly shall re11 ceive funding priority. 

12 SEC. 702. PERSONS WITH DISABILITIES. 

13 For the purposes of the activities and programs sup14 ported by this Act and the amendments made by this Act, 

15 institutions of higher education chartered to serve large 

16 numbers of students with disabilities, including Gallaudet 

17 University, Landmark College, and the National Technical 

18 Institute for the Deaf and those with programs serving or 

19 those serving disabled veterans, shall receive special consid20 eration and have a designation consistent with the designa21 tion for other institutions that serve populations underrep22 resented in STEM to ensure that institutions of higher edu23 cation chartered to or serving persons with disabilities ben24 efit from such activities and programs. 


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1 SEC. 703. VETERANS AND SERVICE MEMBERS. 

2 In awarding scholarships and fellowships under this 

3 Act, an institution of higher education shall give preference 

4 to applications from veterans and service members, includ5 ing those who have received or will receive the Afghanistan 

6 Campaign Medal or the Iraq Campaign Medal as author7 ized by Public Law 108–234 (10 U.S.C. 1121 note; 118 

8 Stat. 655) and Executive Order No. 13363. 


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Union Calendar No. 271 

111TH CONGRESS 

2D SESSION H. R. 5116 

[Report No. 111–478, Part I] 

A BILL 

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

MAY 7, 2010 

Reported from the Committee on Science and Technology 

with an amendment 

MAY 7, 2010 

Committee on Education and Labor discharged; comState of the Union and ordered to be printed mitted to the Committee of the Whole House on the 


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