IIB 

111TH CONGRESS 

2D SESSION H. R. 5116 

IN THE SENATE OF THE UNITED STATES 

JUNE 9, 2010 

Received 

JUNE 29, 2010 

Read twice and referred to the Committee on Commerce, Science, and 

Transportation 

AN ACT 

To invest in innovation through research and development, 

to improve the competitiveness of the United States, 

and for other purposes. 

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


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

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

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

5 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. 

Sec. 125. National Competitiveness and Innovation Strategy. 

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. 

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


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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. 

Sec. 229. Collaboration in planning for stewardship of large-scale facilities. 

Sec. 230. Green chemistry basic research. 

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. Twenty-first 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. 

Sec. 256. Cyber-enabled learning for national challenges. 

Sec. 257. Sense of Congress. 

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. 

Sec. 305. Sense of Congress. 

Sec. 306. Sense of Congress. 

Sec. 307. National Academy of Sciences report on strengthening the capacity 

of 2-year institutions of higher education to provide STEM opportunities. 

Sec. 308. Encouraging Federal scientists and engineers to participate in STEM 

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. 


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Sec. 406. Manufacturing extension partnership. 

Sec. 407. Emergency communication and tracking technologies research initiative. 

Sec. 408. TIP Advisory Board. 

Sec. 409. Underrepresented minorities. 

Sec. 410. Cyber security standards and guidelines. 

Sec. 411. Nanomaterial initiative. 

Sec. 412. Disaster resilient buildings and infrastructure. 

Sec. 413. Report on the use of modeling and simulation. 

Sec. 414. Green manufacturing and construction. 

Sec. 415. Manufacturing research. 

Sec. 416. Definitions. 

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. 

Sec. 504. Clean Energy Consortium. 

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. 

Subtitle E—Technology Transfer Database 

Sec. 651. Technology transfer database. 

TITLE VII—MISCELLANEOUS 

Sec. 701. Sense of Congress. 

Sec. 702. Persons with disabilities. 


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Sec. 703. Veterans and service members. 

Sec. 704. Budgetary effects. 

Sec. 705. Limitation. 

Sec. 706. Prohibition on lobbying. 

Sec. 707. Information requests by labor organizations. 

Sec. 708. Limitation. 

Sec. 709. No salaries for viewing pornography. 

Sec. 710. Ineligibility for awards or grants. 

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 Nano7 technology Initiative Amendments Act of 2010’’. 

8 SEC. 102. NATIONAL NANOTECHNOLOGY PROGRAM AMEND9 MENTS. 

10 The 21st Century Nanotechnology Research and De11 velopment Act (15 U.S.C. 7501 et seq.) is amended— 

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

13 following new paragraph: 

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

15 of enactment of the National Nanotechnology Initia16 tive Amendments Act of 2010, and update every 3 

17 years thereafter, a strategic plan to guide the activi18 ties described under subsection (b) that specifies 

19 near-term and long-term objectives for the Program, 

20 the anticipated time frame for achieving the near21 term objectives, and the metrics to be used for asVerDate Mar 15 2010 01:35 Jun 30, 2010 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H5116.RFS H5116

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1 sessing progress toward the objectives, and that de2 scribes— 

3 ‘‘(A) how the Program will move results 

4 out of the laboratory and into applications for 

5 the benefit of society, including through co6 operation and collaborations with nanotechnol7 ogy research, development, and technology tran8 sition initiatives supported by the States; 

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

10 support interdisciplinary research and develop11 ment in nanotechnology; and 

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

13 importance in accordance with the requirements 

14 of section 105 of the National Nanotechnology 

15 Initiative Amendments Act of 2010;’’; 

16 (2) in section 2— 

17 (A) in subsection (d)— 

18 (i) by redesignating paragraphs (1) 

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

20 respectively; and 

21 (ii) by inserting the following new 

22 paragraph before paragraph (2), as so re23 designated by clause (i) of this subpara24 graph: 


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

2 year, for each agency that participates in the Pro3 gram, including a breakout of spending for the de4 velopment and acquisition of research facilities and 

5 instrumentation, for each program component area, 

6 and for all activities pursuant to subsection 

7 (b)(10);’’; and 

8 (B) by inserting at the end the following 

9 new subsection: 

10 ‘‘(e) STANDARDS SETTING.—The agencies partici11 pating in the Program shall support the activities of com12 mittees involved in the development of standards for nano13 technology and may reimburse the travel costs of scientists 

14 and engineers who participate in activities of such commit15 tees.’’; 

16 (3) by striking section 3(b) and inserting the 

17 following new subsection: 

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

19 Nanotechnology Coordination Office shall be supported by 

20 funds from each agency participating in the Program. The 

21 portion of such Office’s total budget provided by each 

22 agency for each fiscal year shall be in the same proportion 

23 as the agency’s share of the total budget for the Program 

24 for the previous fiscal year, as specified in the report re25 quired under section 2(d)(1). 


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1 ‘‘(2) The annual report under section 2(d) shall in2 clude— 

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

4 the National Nanotechnology Coordination Office to 

5 perform the functions specified under subsection (a) 

6 for the next fiscal year by category of activity, in7 cluding the funding required to carry out the re8 quirements of section 2(b)(10)(D), subsection (d) of 

9 this section, and section 5; 

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

11 such Office to perform the functions specified under 

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

13 of activity, including the funding required to carry 

14 out the requirements of subsection (d); and 

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

16 Office for the current fiscal year by each agency par17 ticipating in the Program.’’; 

18 (4) by inserting at the end of section 3 the fol19 lowing new subsection: 

20 ‘‘(d) PUBLIC INFORMATION.—(1) The National 

21 Nanotechnology Coordination Office shall develop and 

22 maintain a database accessible by the public of projects 

23 funded under the Environmental, Health, and Safety, the 

24 Education and Societal Dimensions, and the Nanomanu25 facturing program component areas, or any successor proVerDate Mar 15 2010 01:35 Jun 30, 2010 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H5116.RFS H5116

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1 gram component areas, including a description of each 

2 project, its source of funding by agency, and its funding 

3 history. For the Environmental, Health, and Safety pro4 gram component area, or any successor program compo5 nent area, projects shall be grouped by major objective as 

6 defined by the research plan required under section 103(b) 

7 of the National Nanotechnology Initiative Amendments 

8 Act of 2010. For the Education and Societal Dimensions 

9 program component area, or any successor program com10 ponent area, the projects shall be grouped in subcategories 

11 of— 

12 ‘‘(A) education in formal settings; 

13 ‘‘(B) education in informal settings; 

14 ‘‘(C) public outreach; and 

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

16 ‘‘(2) The National Nanotechnology Coordination Of17 fice shall develop, maintain, and publicize information on 

18 nanotechnology facilities supported under the Program, 

19 and may include information on nanotechnology facilities 

20 supported by the States, that are accessible for use by in21 dividuals from academic institutions and from industry. 

22 The information shall include at a minimum the terms and 

23 conditions for the use of each facility, a description of the 

24 capabilities of the instruments and equipment available for 


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1 use at the facility, and a description of the technical sup2 port available to assist users of the facility.’’; 

3 (5) in section 4(a)— 

4 (A) by striking ‘‘or designate’’; 

5 (B) by inserting ‘‘as a distinct entity’’ 

6 after ‘‘Advisory Panel’’; and 

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

8 Panel shall form a subpanel with membership 

9 having specific qualifications tailored to enable 

10 it to carry out the requirements of subsection 

11 (c)(7).’’; 

12 (6) in section 4(b)— 

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

14 designating’’; and 

15 (B) by adding at the end the following: 

16 ‘‘At least one member of the Advisory Panel 

17 shall be an individual employed by and rep18 resenting a minority-serving institution.’’; 

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

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

21 NANOTECHNOLOGY PROGRAM. 

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

23 Nanotechnology Coordination Office shall enter into an ar24 rangement with the National Research Council of the Na25 tional Academy of Sciences to conduct a triennial review 


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1 of the Program. The Director shall ensure that the ar2 rangement with the National Research Council is con3 cluded in order to allow sufficient time for the reporting 

4 requirements of subsection (b) to be satisfied. Each tri5 ennial review shall include an evaluation of the— 

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

7 the Program, including whether the allocation of 

8 funding among program component areas, as des9 ignated according to section 2(c)(2), is appropriate; 

10 ‘‘(2) effectiveness of the Program’s manage11 ment and coordination across agencies and dis12 ciplines, including an assessment of the effectiveness 

13 of the National Nanotechnology Coordination Office; 

14 ‘‘(3) Program’s scientific and technological ac15 complishments and its success in transferring tech16 nology to the private sector; and 

17 ‘‘(4) adequacy of the Program’s activities ad18 dressing ethical, legal, environmental, and other ap19 propriate societal concerns, including human health 

20 concerns. 

21 ‘‘(b) EVALUATION TO BE TRANSMITTED TO CON22 GRESS.—The National Research Council shall document 

23 the results of each triennial review carried out in accord24 ance with subsection (a) in a report that includes any rec25 ommendations for ways to improve the Program’s manVerDate Mar 15 2010 01:35 Jun 30, 2010 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H5116.RFS H5116

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1 agement and coordination processes and for changes to 

2 the Program’s objectives, funding priorities, and technical 

3 content. Each report shall be submitted to the Director 

4 of the National Nanotechnology Coordination Office, who 

5 shall transmit it to the Advisory Panel, the Committee on 

6 Commerce, Science, and Transportation of the Senate, 

7 and the Committee on Science and Technology of the 

8 House of Representatives not later than September 30 of 

9 every third year, with the first report due September 30, 

10 2010. 

11 ‘‘(c) FUNDING.—Of the amounts provided in accord12 ance with section 3(b)(1), the following amounts shall be 

13 available to carry out this section: 

14 ‘‘(1) $500,000 for fiscal year 2010. 

15 ‘‘(2) $500,000 for fiscal year 2011. 

16 ‘‘(3) $500,000 for fiscal year 2012.’’; and 

17 (8) in section 10— 

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

19 follows: 

20 ‘‘(2) NANOTECHNOLOGY.—The term ‘nanotech21 nology’ means the science and technology that will 

22 enable one to understand, measure, manipulate, and 

23 manufacture at the nanoscale, aimed at creating ma24 terials, devices, and systems with fundamentally new 

25 properties or functions.’’; and 


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

2 paragraph: 

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

4 one or more dimensions of between approximately 1 

5 and 100 nanometers.’’. 

6 SEC. 103. SOCIETAL DIMENSIONS OF NANOTECHNOLOGY. 

7 (a) COORDINATOR FOR SOCIETAL DIMENSIONS OF

8 NANOTECHNOLOGY.—The Director of the Office of 

9 Science and Technology Policy shall designate an associate 

10 director of the Office of Science and Technology Policy 

11 as the Coordinator for Societal Dimensions of Nanotech12 nology. The Coordinator shall be responsible for oversight 

13 of the coordination, planning, and budget prioritization of 

14 activities required by section 2(b)(10) of the 21st Century 

15 Nanotechnology Research and Development Act (15 

16 U.S.C. 7501(b)(10)). The Coordinator shall, with the as17 sistance of appropriate senior officials of the agencies 

18 funding activities within the Environmental, Health, and 

19 Safety and the Education and Societal Dimensions pro20 gram component areas of the Program, or any successor 

21 program component areas, ensure that the requirements 

22 of such section 2(b)(10) are satisfied. The responsibilities 

23 of the Coordinator shall include— 

24 (1) ensuring that a research plan for the envi25 ronmental, health, and safety research activities reVerDate Mar 15 2010 01:35 Jun 30, 2010 Jkt 089200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H5116.RFS H5116

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1 quired under subsection (b) is developed, updated, 

2 and implemented and that the plan is responsive to 

3 the recommendations of the subpanel of the Advi4 sory Panel established under section 4(a) of the 21st 

5 Century Nanotechnology Research and Development 

6 Act (15 U.S.C. 7503(a)), as amended by this sub7 title; 

8 (2) encouraging and monitoring the efforts of 

9 the agencies participating in the Program to allocate 

10 the level of resources and management attention 

11 necessary to ensure that the ethical, legal, environ12 mental, and other appropriate societal concerns re13 lated to nanotechnology, including human health 

14 concerns, are addressed under the Program, includ15 ing the implementation of the research plan de16 scribed in subsection (b); and 

17 (3) encouraging the agencies required to de18 velop the research plan under subsection (b) to iden19 tify, assess, and implement suitable mechanisms for 

20 the establishment of public-private partnerships for 

21 support of environmental, health, and safety re22 search. 

23 (b) RESEARCH PLAN.— 

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

25 Dimensions of Nanotechnology shall convene and 


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1 chair a panel comprised of representatives from the 

2 agencies funding research activities under the Envi3 ronmental, Health, and Safety program component 

4 area of the Program, or any successor program com5 ponent area, and from such other agencies as the 

6 Coordinator considers necessary to develop, periodi7 cally update, and coordinate the implementation of 

8 a research plan for this program component area. In 

9 developing and updating the plan, the panel con10 vened by the Coordinator shall solicit and be respon11 sive to recommendations and advice from— 

12 (A) the subpanel of the Advisory Panel es13 tablished under section 4(a) of the 21st Cen14 tury Nanotechnology Research and Develop15 ment Act (15 U.S.C. 7503(a)), as amended by 

16 this subtitle; and 

17 (B) the agencies responsible for environ18 mental, health, and safety regulations associ19 ated with the production, use, and disposal of 

20 nanoscale materials and products. 

21 (2) DEVELOPMENT OF STANDARDS.—The plan 

22 required under paragraph (1) shall include a de23 scription of how the Program will help to ensure the 

24 development of— 


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1 (A) standards related to nomenclature as2 sociated with engineered nanoscale materials; 

3 (B) engineered nanoscale standard ref4 erence materials for environmental, health, and 

5 safety testing; and 

6 (C) standards related to methods and pro7 cedures for detecting, measuring, monitoring, 

8 sampling, and testing engineered nanoscale ma9 terials for environmental, health, and safety im10 pacts. 

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

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

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

14 (A) specify near-term research objectives 

15 and long-term research objectives; 

16 (B) specify milestones associated with each 

17 near-term objective and the estimated time and 

18 resources required to reach each milestone; 

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

20 (B), describe the role of each agency carrying 

21 out or sponsoring research in order to meet the 

22 objectives specified under subparagraph (A) and 

23 to achieve the milestones specified under sub24 paragraph (B); 


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1 (D) specify the funding allocated to each 

2 major objective of the plan and the source of 

3 funding by agency for the current fiscal year; 

4 and 

5 (E) estimate the funding required for each 

6 major objective of the plan and the source of 

7 funding by agency for the following 3 fiscal 

8 years. 

9 (4) TRANSMITTAL TO CONGRESS.—The plan re10 quired under paragraph (1) shall be submitted not 

11 later than 60 days after the date of enactment of 

12 this Act to the Committee on Commerce, Science, 

13 and Transportation of the Senate and the Com14 mittee on Science and Technology of the House of 

15 Representatives. 

16 (5) UPDATING AND APPENDING TO REPORT.— 

17 The plan required under paragraph (1) shall be up18 dated annually and appended to the report required 

19 under section 2(d) of the 21st Century Nanotechnol20 ogy Research and Development Act (15 U.S.C. 

21 7501(d)). 

22 (c) NANOTECHNOLOGY PARTNERSHIPS.— 

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

24 authorized by section 9 of the National Science 

25 Foundation Authorization Act of 2002, the Director 


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1 of the National Science Foundation shall provide 1 

2 or more grants to establish partnerships as defined 

3 by subsection (a)(2) of that section, except that each 

4 such partnership shall include 1 or more businesses 

5 engaged in the production of nanoscale materials, 

6 products, or devices. Partnerships established in ac7 cordance with this subsection shall be designated as 

8 ‘‘Nanotechnology Education Partnerships’’. 

9 (2) PURPOSE.—Nanotechnology Education 

10 Partnerships shall be designed to recruit and help 

11 prepare secondary school students to pursue postsec12 ondary level courses of instruction in nanotechnol13 ogy. At a minimum, grants shall be used to sup14 port— 

15 (A) professional development activities to 

16 enable secondary school teachers to use cur17 ricular materials incorporating nanotechnology 

18 and to inform teachers about career possibilities 

19 for students in nanotechnology; 

20 (B) enrichment programs for students, in21 cluding access to nanotechnology facilities and 

22 equipment at partner institutions, to increase 

23 their understanding of nanoscale science and 

24 technology and to inform them about career 


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1 possibilities in nanotechnology as scientists, en2 gineers, and technicians; and 

3 (C) identification of appropriate nanotech4 nology educational materials and incorporation 

5 of nanotechnology into the curriculum for sec6 ondary school students at one or more organiza7 tions participating in a Partnership. 

8 (3) SELECTION.—Grants under this subsection 

9 shall be awarded in accordance with subsection (b) 

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

11 that subsection shall not apply. 

12 (d) UNDERGRADUATE EDUCATION PROGRAMS.— 

13 (1) ACTIVITIES SUPPORTED.—As part of the 

14 activities included under the Education and Societal 

15 Dimensions program component area, or any suc16 cessor program component area, the Program shall 

17 support efforts to introduce nanoscale science, engi18 neering, and technology into undergraduate science 

19 and engineering education through a variety of 

20 interdisciplinary approaches. Activities supported 

21 may include— 

22 (A) development of courses of instruction 

23 or modules to existing courses; 

24 (B) faculty professional development; and 


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1 (C) acquisition of equipment and instru2 mentation suitable for undergraduate education 

3 and research in nanotechnology. 

4 (2) COURSE, CURRICULUM, AND LABORATORY

5 IMPROVEMENT AUTHORIZATION.—There are author6 ized to be appropriated to the Director of the Na7 tional Science Foundation to carry out activities de8 scribed in paragraph (1) through the Course, Cur9 riculum, and Laboratory Improvement program 

10 from amounts authorized under section 

11 7002(c)(2)(B) of the America COMPETES Act, 

12 $5,000,000 for fiscal year 2010. 

13 (3) ADVANCED TECHNOLOGY EDUCATION AU14 THORIZATION.—There are authorized to be appro15 priated to the Director of the National Science 

16 Foundation to carry out activities described in para17 graph (1) through the Advanced Technology Edu18 cation program from amounts authorized under sec19 tion 7002(c)(2)(B) of the America COMPETES Act, 

20 $5,000,000 for fiscal year 2010. 

21 (e) INTERAGENCY WORKING GROUP.—The National 

22 Science and Technology Council shall establish under the 

23 Nanoscale Science, Engineering, and Technology Sub24 committee an Education Working Group to coordinate, 


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1 prioritize, and plan the educational activities supported 

2 under the Program. 

3 (f) SOCIETAL DIMENSIONS IN NANOTECHNOLOGY

4 EDUCATION ACTIVITIES.—Activities supported under the 

5 Education and Societal Dimensions program component 

6 area, or any successor program component area, that in7 volve informal, precollege, or undergraduate nanotechnol8 ogy education shall include education regarding the envi9 ronmental, health and safety, and other societal aspects 

10 of nanotechnology. 

11 (g) REMOTE ACCESS TO NANOTECHNOLOGY FACILI12 TIES.—(1) Agencies supporting nanotechnology research 

13 facilities as part of the Program shall require the entities 

14 that operate such facilities to allow access via the Internet, 

15 and support the costs associated with the provision of such 

16 access, by secondary school students and teachers, to in17 struments and equipment within such facilities for edu18 cational purposes. The agencies may waive this require19 ment for cases when particular facilities would be inappro20 priate for educational purposes or the costs for providing 

21 such access would be prohibitive. 

22 (2) The agencies identified in paragraph (1) shall re23 quire the entities that operate such nanotechnology re24 search facilities to establish and publish procedures, guide25 lines, and conditions for the submission and approval of 


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1 applications for the use of the facilities for the purpose 

2 identified in paragraph (1) and shall authorize personnel 

3 who operate the facilities to provide necessary technical 

4 support to students and teachers. 

5 SEC. 104. TECHNOLOGY TRANSFER. 

6 (a) PROTOTYPING.— 

7 (1) ACCESS TO FACILITIES.—In accordance 

8 with section 2(b)(7) of 21st Century Nanotechnology 

9 Research and Development Act (15 U.S.C. 

10 7501(b)(7)), the agencies supporting nanotechnology 

11 research facilities as part of the Program shall pro12 vide access to such facilities to companies for the 

13 purpose of assisting the companies in the develop14 ment of prototypes of nanoscale products, devices, or 

15 processes (or products, devices, or processes enabled 

16 by nanotechnology) for determining proof of concept. 

17 The agencies shall publicize the availability of these 

18 facilities and encourage their use by companies as 

19 provided for in this section. 

20 (2) PROCEDURES.—The agencies identified in 

21 paragraph (1)— 

22 (A) shall establish and publish procedures, 

23 guidelines, and conditions for the submission 

24 and approval of applications for use of nano25 technology facilities; 


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1 (B) shall publish descriptions of the capa2 bilities of facilities available for use under this 

3 subsection, including the availability of tech4 nical support; and 

5 (C) may waive recovery, require full recov6 ery, or require partial recovery of the costs as7 sociated with use of the facilities for projects 

8 under this subsection. 

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

10 less than full cost recovery is required pursuant to 

11 paragraph (2)(C), projects provided access to nano12 technology facilities in accordance with this sub13 section shall be selected through a competitive, 

14 merit-based process, and the criteria for the selec15 tion of such projects shall include at a minimum— 

16 (A) the readiness of the project for tech17 nology demonstration; 

18 (B) evidence of a commitment by the ap19 plicant for further development of the project to 

20 full commercialization if the proof of concept is 

21 established by the prototype; and 

22 (C) evidence of the potential for further 

23 funding from private sector sources following 

24 the successful demonstration of proof of con25 cept. 


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1 The agencies may give special consideration in se2 lecting projects to applications that are relevant to 

3 important national needs or requirements. 

4 (b) USE OF EXISTING TECHNOLOGY TRANSFER PRO5 GRAMS.— 

6 (1) PARTICIPATING AGENCIES.—Each agency 

7 participating in the Program shall— 

8 (A) encourage the submission of applica9 tions for support of nanotechnology related 

10 projects to the Small Business Innovation Re11 search Program and the Small Business Tech12 nology Transfer Program administered by such 

13 agencies; and 

14 (B) through the National Nanotechnology 

15 Coordination Office and within 6 months after 

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

17 Committee on Commerce, Science, and Trans18 portation of the Senate and the Committee on 

19 Science and Technology of the House of Rep20 resentatives— 

21 (i) the plan described in section 

22 2(c)(7) of the 21st Century Nanotechnol23 ogy Research and Development Act (15 

24 U.S.C. 7501(c)(7)); and 


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1 (ii) a report specifying, if the agency 

2 administers a Small Business Innovation 

3 Research Program and a Small Business 

4 Technology Transfer Program— 

5 (I) the number of proposals re6 ceived for nanotechnology related 

7 projects during the current fiscal year 

8 and the previous 2 fiscal years; 

9 (II) the number of such pro10 posals funded in each year; 

11 (III) the total number of nano12 technology related projects funded and 

13 the amount of funding provided for 

14 fiscal year 2004 through fiscal year 

15 2008; and 

16 (IV) a description of the projects 

17 identified in accordance with sub18 clause (III) which received private sec19 tor funding beyond the period of 

20 phase II support. 

21 (2) NATIONAL INSTITUTE OF STANDARDS AND

22 TECHNOLOGY.—The Director of the National Insti23 tute of Standards and Technology in carrying out 

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1 tute of Standards and Technology Act (15 U.S.C. 

2 278n) shall— 

3 (A) in regard to subsection (d) of that sec4 tion, encourage the submission of proposals for 

5 support of nanotechnology related projects; and 

6 (B) in regard to subsection (g) of that sec7 tion, include a description of how the require8 ment of subparagraph (A) of this paragraph is 

9 being met, the number of proposals for nano10 technology related projects received, the number 

11 of such proposals funded, the total number of 

12 such projects funded since the beginning of the 

13 Technology Innovation Program, and the out14 comes of such funded projects in terms of the 

15 metrics developed in accordance with such sub16 section (g). 

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

18 Board established under section 28(k) of the Na19 tional Institute of Standards and Technology Act 

20 (15 U.S.C. 278n(k)), in carrying out its responsibil21 ities under subsection (k)(3), shall provide the Di22 rector of the National Institute of Standards and 

23 Technology with— 


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1 (A) advice on how to accomplish the re2 quirement of paragraph (2)(A) of this sub3 section; and 

4 (B) an assessment of the adequacy of the 

5 allocation of resources for nanotechnology re6 lated projects supported under the Technology 

7 Innovation Program. 

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

9 Program shall be to establish industry liaison groups for 

10 all industry sectors that would benefit from applications 

11 of nanotechnology. The Nanomanufacturing, Industry Li12 aison, and Innovation Working Group of the National 

13 Science and Technology Council shall actively pursue es14 tablishing such liaison groups. 

15 (d) COORDINATION WITH STATE INITIATIVES.—Sec16 tion 2(b)(5) of the 21st Century Nanotechnology Research 

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

18 to read as follows: 

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

20 the development and application of nanotechnology, 

21 including through coordination and leveraging Fed22 eral investments with nanotechnology research, de23 velopment, and technology transition initiatives sup24 ported by the States;’’. 


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

2 (a) IN GENERAL.—The Program shall include sup3 port for nanotechnology research and development activi4 ties directed toward application areas that have the poten5 tial for significant contributions to national economic com6 petitiveness and for other significant societal benefits. The 

7 activities supported shall be designed to advance the devel8 opment of research discoveries by demonstrating technical 

9 solutions to important problems in such areas as nano10 electronics, energy efficiency, health care, and water reme11 diation and purification. The Advisory Panel shall make 

12 recommendations to the Program for candidate research 

13 and development areas for support under this section. 

14 (b) CHARACTERISTICS.— 

15 (1) IN GENERAL.—Research and development 

16 activities under this section shall— 

17 (A) include projects selected on the basis 

18 of applications for support through a competi19 tive, merit-based process; 

20 (B) involve collaborations among research21 ers in academic institutions and industry, and 

22 may involve nonprofit research institutions and 

23 Federal laboratories, as appropriate; 

24 (C) when possible, leverage Federal invest25 ments through collaboration with related State 

26 initiatives; and 


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1 (D) include a plan for fostering the trans2 fer of research discoveries and the results of 

3 technology demonstration activities to industry 

4 for commercial development. 

5 (2) PROCEDURES.—Determination of the re6 quirements for applications under this subsection, 

7 review and selection of applications for support, and 

8 subsequent funding of projects shall be carried out 

9 by a collaboration of no fewer than 2 agencies par10 ticipating in the Program. 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) INTERDISCIPLINARY RESEARCH CENTERS.— 

15 Research and development activities under this sec16 tion may be supported through interdisciplinary 

17 nanotechnology research centers, as authorized by 

18 section 2(b)(4) of the 21st Century Nanotechnology 

19 Research and Development Act (15 U.S.C. 

20 7501(b)(4)), that are organized to investigate basic 

21 research questions and carry out technology dem22 onstration activities in areas such as those identified 

23 in subsection (a). 

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

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1 ment Act (15 U.S.C. 7501(d)) shall include a description 

2 of research and development areas supported in accord3 ance with this section, including the same budget informa4 tion as is required for program component areas under 

5 paragraphs (1) and (2) of such section 2(d). 

6 SEC. 106. NANOMANUFACTURING RESEARCH. 

7 (a) RESEARCH AREAS.—The Nanomanufacturing 

8 program component area, or any successor program com9 ponent area, shall include research on— 

10 (1) development of instrumentation and tools 

11 required for the rapid characterization of nanoscale 

12 materials and for monitoring of nanoscale manufac13 turing processes; and 

14 (2) approaches and techniques for scaling the 

15 synthesis of new nanoscale materials to achieve in16 dustrial-level production rates. 

17 (b) GREEN NANOTECHNOLOGY.—Interdisciplinary 

18 research centers supported under the Program in accord19 ance with section 2(b)(4) of the 21st Century Nanotech20 nology Research and Development Act (15 U.S.C. 

21 7501(b)(4)) that are focused on nanomanufacturing re22 search and centers established under the authority of sec23 tion 105(b)(3) of this subtitle shall include as part of the 

24 activities of such centers— 


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1 (1) research on methods and approaches to de2 velop environmentally benign nanoscale products and 

3 nanoscale manufacturing processes, taking into con4 sideration relevant findings and results of research 

5 supported under the Environmental, Health, and 

6 Safety program component area, or any successor 

7 program component area; 

8 (2) fostering the transfer of the results of such 

9 research to industry; and 

10 (3) providing for the education of scientists and 

11 engineers through interdisciplinary studies in the 

12 principles and techniques for the design and develop13 ment of environmentally benign nanoscale products 

14 and processes. 

15 (c) REVIEW OF NANOMANUFACTURING RESEARCH

16 AND RESEARCH FACILITIES.— 

17 (1) PUBLIC MEETING.—Not later than 12 

18 months after the date of enactment of this Act, the 

19 National Nanotechnology Coordination Office shall 

20 sponsor a public meeting, including representation 

21 from a wide range of industries engaged in 

22 nanoscale manufacturing, to— 

23 (A) obtain the views of participants at the 

24 meeting on— 


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1 (i) the relevance and value of the re2 search being carried out under the Nano3 manufacturing program component area of 

4 the Program, or any successor program 

5 component area; and 

6 (ii) whether the capabilities of nano7 technology research facilities supported 

8 under the Program are adequate— 

9 (I) to meet current and near10 term requirements for the fabrication 

11 and characterization of nanoscale de12 vices and systems; and 

13 (II) to provide access to and use 

14 of instrumentation and equipment at 

15 the facilities, by means of networking 

16 technology, to individuals who are at 

17 locations remote from the facilities; 

18 and 

19 (B) receive any recommendations on ways 

20 to strengthen the research portfolio supported 

21 under the Nanomanufacturing program compo22 nent area, or any successor program component 

23 area, and on improving the capabilities of nano24 technology research facilities supported under 

25 the Program. 


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1 Companies participating in industry liaison groups 

2 shall be invited to participate in the meeting. The 

3 Coordination Office shall prepare a report docu4 menting the findings and recommendations resulting 

5 from the meeting. 

6 (2) ADVISORY PANEL REVIEW.—The Advisory 

7 Panel shall review the Nanomanufacturing program 

8 component area of the Program, or any successor 

9 program component area, and the capabilities of 

10 nanotechnology research facilities supported under 

11 the Program to assess— 

12 (A) whether the funding for the Nano13 manufacturing program component area, or any 

14 successor program component area, is adequate 

15 and receiving appropriate priority within the 

16 overall resources available for the Program; 

17 (B) the relevance of the research being 

18 supported to the identified needs and require19 ments of industry; 

20 (C) whether the capabilities of nanotech21 nology research facilities supported under the 

22 Program are adequate— 

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1 terization of nanoscale devices and sys2 tems; and 

3 (ii) to provide access to and use of in4 strumentation and equipment at the facili5 ties, by means of networking technology, to 

6 individuals who are at locations remote 

7 from the facilities; and 

8 (D) the level of funding that would be 

9 needed to support— 

10 (i) the acquisition of instrumentation, 

11 equipment, and networking technology suf12 ficient to provide the capabilities at nano13 technology research facilities described in 

14 subparagraph (C); and 

15 (ii) the operation and maintenance of 

16 such facilities. 

17 In carrying out its assessment, the Advisory Panel 

18 shall take into consideration the findings and rec19 ommendations from the report required under para20 graph (1). 

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

22 the date of enactment of this Act, the Advisory 

23 Panel shall submit to the Committee on Commerce, 

24 Science, and Transportation of the Senate and the 

25 Committee on Science and Technology of the House 


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1 of Representatives a report on its assessment re2 quired under paragraph (2), along with any rec3 ommendations and a copy of the report prepared in 

4 accordance with paragraph (1). 

5 SEC. 107. DEFINITIONS. 

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

7 of the 21st Century Nanotechnology Research and Devel8 opment Act (15 U.S.C. 7509) have the meaning given 

9 those terms in that section. 

10 Subtitle B—Networking and Infor11 mation Technology Research 

12 and Development 

13 SEC. 111. SHORT TITLE. 

14 This subtitle may be cited as the ‘‘Networking and 

15 Information Technology Research and Development Act of 

16 2010’’. 

17 SEC. 112. PROGRAM PLANNING AND COORDINATION. 

18 (a) PERIODIC REVIEWS.—Section 101 of the High19 Performance Computing Act of 1991 (15 U.S.C. 5511) 

20 is amended by adding at the end the following new sub21 section: 

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

23 subsection (a)(3)(B) shall— 

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1 structure the Program when warranted, taking into 

2 consideration any relevant recommendations of the 

3 advisory committee established under subsection (b); 

4 and 

5 ‘‘(2) ensure that the Program includes large6 scale, long-term, interdisciplinary research and de7 velopment activities, including activities described in 

8 section 104.’’. 

9 (b) DEVELOPMENT OF STRATEGIC PLAN.—Section 

10 101 of such Act (15 U.S.C. 5511) is amended further by 

11 adding after subsection (d), as added by subsection (a) 

12 of this section, the following new subsection: 

13 ‘‘(e) STRATEGIC PLAN.— 

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

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

16 Science and Technology Council and with the assist17 ance of the National Coordination Office established 

18 under section 102, shall develop, within 12 months 

19 after the date of enactment of the Networking and 

20 Information Technology Research and Development 

21 Act of 2010, and update every 3 years thereafter, a 

22 5-year strategic plan to guide the activities described 

23 under subsection (a)(1). 

24 ‘‘(2) CONTENTS.—The strategic plan shall 

25 specify near-term and long-term objectives for the 


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1 Program, the anticipated time frame for achieving 

2 the near-term objectives, the metrics to be used for 

3 assessing progress toward the objectives, and how 

4 the Program will— 

5 ‘‘(A) foster the transfer of research and 

6 development results into new technologies and 

7 applications for the benefit of society, including 

8 through cooperation and collaborations with 

9 networking and information technology re10 search, development, and technology transition 

11 initiatives supported by the States; 

12 ‘‘(B) encourage and support mechanisms 

13 for interdisciplinary research and development 

14 in networking and information technology, in15 cluding through collaborations across agencies, 

16 across Program Component Areas, with indus17 try, with Federal laboratories (as defined in 

18 section 4 of the Stevenson-Wydler Technology 

19 Innovation Act of 1980 (15 U.S.C. 3703)), and 

20 with international organizations; 

21 ‘‘(C) address long-term challenges of na22 tional importance for which solutions require 

23 large-scale, long-term, interdisciplinary research 

24 and development; 


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1 ‘‘(D) place emphasis on innovative and 

2 high-risk projects having the potential for sub3 stantial societal returns on the research invest4 ment; 

5 ‘‘(E) strengthen all levels of networking 

6 and information technology education and 

7 training programs to ensure an adequate, well8 trained workforce; and 

9 ‘‘(F) attract more women and underrep10 resented minorities to pursue postsecondary de11 grees in networking and information tech12 nology. 

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

14 strategic plan developed in accordance with paragraph (1) 

15 shall be accompanied by milestones and roadmaps for es16 tablishing and maintaining the national research infra17 structure required to support the Program, including the 

18 roadmap required by subsection (a)(2)(E). 

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

20 developing the strategic plan under paragraph (1) shall 

21 take into consideration the recommendations— 

22 ‘‘(A) of the advisory committee established 

23 under subsection (b); and 


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1 ‘‘(B) of the stakeholders whose input was solic2 ited by the National Coordination Office, as required 

3 under section 102(b)(3). 

4 ‘‘(5) REPORT TO CONGRESS.—The Director of the 

5 National Coordination Office shall transmit the strategic 

6 plan required under paragraph (1) to the advisory com7 mittee, the Committee on Commerce, Science, and Trans8 portation of the Senate, and the Committee on Science 

9 and Technology of the House of Representatives.’’. 

10 (c) ADDITIONAL RESPONSIBILITIES OF DIRECTOR.— 

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

12 amended— 

13 (1) by redesignating subparagraphs (E) and 

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

15 (2) by inserting after subparagraph (D) the fol16 lowing new subparagraph: 

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

18 the agencies participating in the Program to al19 locate the level of resources and management 

20 attention necessary to ensure that the strategic 

21 plan under subsection (e) is developed and exe22 cuted effectively and that the objectives of the 

23 Program are met;’’. 

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

25 such Act (15 U.S.C. 5511(b)(1)) is amended by inserting 


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1 after ‘‘an advisory committee on high-performance com2 puting,’’ the following: ‘‘in which the co-chairs shall be 

3 members of the President’s Council of Advisors on Science 

4 and Technology and with the remainder of the com5 mittee’’. 

6 (e) REPORT.—Section 101(a)(3) of such Act (15 

7 U.S.C. 5511(a)(3)) is amended— 

8 (1) in subparagraph (C)— 

9 (A) by striking ‘‘is submitted,’’ and insert10 ing ‘‘is submitted, the levels for the previous 

11 fiscal year,’’; and 

12 (B) by striking ‘‘each Program Component 

13 Area;’’ and inserting ‘‘each Program Compo14 nent Area and research area supported in ac15 cordance with section 104;’’; 

16 (2) in subparagraph (D)— 

17 (A) by striking ‘‘each Program Component 

18 Area,’’ and inserting ‘‘each Program Compo19 nent Area and research area supported in ac20 cordance with section 104,’’; 

21 (B) by striking ‘‘is submitted,’’ and insert22 ing ‘‘is submitted, the levels for the previous 

23 fiscal year,’’; and 

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


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1 (3) by redesignating subparagraph (E) as sub2 paragraph (G); and 

3 (4) by inserting after subparagraph (D) the fol4 lowing new subparagraphs: 

5 ‘‘(E) include a description of how the ob6 jectives for each Program Component Area, and 

7 the objectives for activities that involve multiple 

8 Program Component Areas, relate to the objec9 tives of the Program identified in the strategic 

10 plan required under subsection (e); 

11 ‘‘(F) include— 

12 ‘‘(i) a description of the funding re13 quired by the National Coordination Office 

14 to perform the functions specified under 

15 section 102(b) for the next fiscal year by 

16 category of activity; 

17 ‘‘(ii) a description of the funding re18 quired by such Office to perform the func19 tions specified under section 102(b) for the 

20 current fiscal year by category of activity; 

21 and 

22 ‘‘(iii) the amount of funding provided 

23 for such Office for the current fiscal year 

24 by each agency participating in the Pro25 gram; and’’. 


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

2 5503) is amended— 

3 (1) by redesignating paragraphs (1) through 

4 (7) as paragraphs (2) through (8), respectively; 

5 (2) by inserting before paragraph (2), as so re6 designated, the following new paragraph: 

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

8 engineered systems whose networking and informa9 tion technology functions and physical elements are 

10 deeply integrated and are actively connected to the 

11 physical world through sensors, actuators, or other 

12 means to perform monitoring and control func13 tions;’’; 

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

15 (A) by striking ‘‘high-performance com16 puting’’ and inserting ‘‘networking and infor17 mation technology’’; and 

18 (B) by striking ‘‘supercomputer’’ and in19 serting ‘‘high-end computing’’; 

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

21 striking ‘‘network referred to as’’ and all that fol22 lows through the semicolon and inserting ‘‘network, 

23 including advanced computer networks of Federal 

24 agencies and departments;’’; and 


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

2 striking ‘‘National High-Performance Computing 

3 Program’’ and inserting ‘‘networking and informa4 tion technology research and development program’’. 

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

6 IMPORTANCE. 

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

8 adding at the end the following new section: 

9 ‘‘SEC. 104. LARGE-SCALE RESEARCH IN AREAS OF NA10 TIONAL IMPORTANCE. 

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

12 agencies identified in section 101(a)(3)(B) to support 

13 large-scale, long-term, interdisciplinary research and de14 velopment activities in networking and information tech15 nology directed toward application areas that have the po16 tential for significant contributions to national economic 

17 competitiveness and for other significant societal benefits. 

18 Such activities, ranging from basic research to the dem19 onstration of technical solutions, shall be designed to ad20 vance the development of research discoveries. The advi21 sory committee established under section 101(b) shall 

22 make recommendations to the Program for candidate re23 search and development areas for support under this sec24 tion. 

25 ‘‘(b) CHARACTERISTICS.— 


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

2 activities under this section shall— 

3 ‘‘(A) include projects selected on the basis 

4 of applications for support through a competi5 tive, merit-based process; 

6 ‘‘(B) involve collaborations among re7 searchers in institutions of higher education 

8 and industry, and may involve nonprofit re9 search institutions and Federal laboratories, as 

10 appropriate; 

11 ‘‘(C) when possible, leverage Federal in12 vestments through collaboration with related 

13 State initiatives; and 

14 ‘‘(D) include a plan for fostering the trans15 fer of research discoveries and the results of 

16 technology demonstration activities, including 

17 from institutions of higher education and Fed18 eral laboratories, to industry for commercial de19 velopment. 

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

21 for support, the agencies shall give special consider22 ation to projects that include cost sharing from non23 Federal sources. 

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

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


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1 appropriate agencies, are working on large-scale re2 search and development activities in the same area 

3 of national importance, then such agencies shall 

4 strive to collaborate through joint solicitation and se5 lection of applications for support and subsequent 

6 funding of projects. 

7 ‘‘(4) INTERDISCIPLINARY RESEARCH CEN8 TERS.—Research and development activities under 

9 this section may be supported through interdiscipli10 nary research centers that are organized to inves11 tigate basic research questions and carry out tech12 nology demonstration activities in areas described in 

13 subsection (a). Research may be carried out through 

14 existing interdisciplinary centers, including those au15 thorized under section 7024(b)(2) of the America 

16 COMPETES Act (Public Law 110–69; 42 U.S.C. 

17 1862o–10).’’. 

18 SEC. 114. CYBER-PHYSICAL SYSTEMS AND INFORMATION 

19 MANAGEMENT. 

20 (a) ADDITIONAL PROGRAM CHARACTERISTICS.—Sec21 tion 101(a)(1) of such Act (15 U.S.C. 5511(a)(1)) is 

22 amended— 

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

24 after the semicolon; 


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

2 at the end and inserting a semicolon; and 

3 (3) by adding at the end the following new sub4 paragraphs: 

5 ‘‘(J) provide for increased understanding 

6 of the scientific principles of cyber-physical sys7 tems and improve the methods available for the 

8 design, development, and operation of cyber9 physical systems that are characterized by high 

10 reliability, safety, and security; and 

11 ‘‘(K) provide for research and development 

12 on human-computer interactions, visualization, 

13 and information management.’’. 

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

15 5511) is amended further by adding after section 104, as 

16 added by section 113 of this Act, the following new sec17 tion: 

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

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

20 after the date of enactment of the Networking and Infor21 mation Technology Research and Development Act of 

22 2010, the Director of the National Coordination Office es23 tablished under section 102 shall convene a task force to 

24 explore mechanisms for carrying out collaborative research 

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1 cluding the related technologies required to enable these 

2 systems, through a consortium or other appropriate entity 

3 with participants from institutions of higher education, 

4 Federal laboratories, and industry. 

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

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

7 and an organizational structure for such entity 

8 under which the joint research and development ac9 tivities could be planned, managed, and conducted 

10 effectively, including mechanisms for the allocation 

11 of resources among the participants in such entity 

12 for support of such activities; 

13 ‘‘(2) propose a process for developing a re14 search and development agenda for such entity, in15 cluding objectives and milestones; 

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

17 participants from institutions of higher education, 

18 Federal laboratories, and industry in such entity; 

19 ‘‘(4) propose guidelines for assigning intellec20 tual property rights and for the transfer of research 

21 results to the private sector; and 

22 ‘‘(5) make recommendations for how such enti23 ty could be funded from Federal, State, and non24 governmental sources. 


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

2 under subsection (a), the Director of the National Coordi3 nation Office shall appoint an equal number of individuals 

4 from institutions of higher education and from industry 

5 with knowledge and expertise in cyber-physical systems, 

6 of which 2 may be selected from Federal laboratories. 

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

8 of enactment of the Networking and Information Tech9 nology Research and Development Act of 2010, the Direc10 tor of the National Coordination Office shall transmit to 

11 the Committee on Commerce, Science, and Transportation 

12 of the Senate and the Committee on Science and Tech13 nology of the House of Representatives a report describing 

14 the findings and recommendations of the task force.’’. 

15 SEC. 115. NATIONAL COORDINATION OFFICE. 

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

17 to read as follows: 

18 ‘‘SEC. 102. NATIONAL COORDINATION OFFICE. 

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

20 a National Coordination Office with a Director and full21 time staff. 

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

23 shall— 

24 ‘‘(1) provide technical and administrative sup25 port to— 


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1 ‘‘(A) the agencies participating in planning 

2 and implementing the Program, including such 

3 support as needed in the development of the 

4 strategic plan under section 101(e); and 

5 ‘‘(B) the advisory committee established 

6 under section 101(b); 

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

8 Federal networking and information technology ac9 tivities for government organizations, academia, in10 dustry, professional societies, State computing and 

11 networking technology programs, interested citizen 

12 groups, and others to exchange technical and pro13 grammatic information; 

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

15 wide range of stakeholders during the development 

16 of each strategic plan required under section 101(e) 

17 through the convening of at least 1 workshop with 

18 invitees from academia, industry, Federal labora19 tories, and other relevant organizations and institu20 tions; 

21 ‘‘(4) conduct public outreach, including the dis22 semination of findings and recommendations of the 

23 advisory committee, as appropriate; and 

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

25 the technologies, innovations, and expertise derived 


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1 from Program activities to agency missions and sys2 tems across the Federal Government and to United 

3 States industry. 

4 ‘‘(c) SOURCE OF FUNDING.— 

5 ‘‘(1) IN GENERAL.—The operation of the Na6 tional Coordination Office shall be supported by 

7 funds from each agency participating in the Pro8 gram. 

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

10 budget of such Office that is provided by each agen11 cy for each fiscal year shall be in the same propor12 tion as each such agency’s share of the total budget 

13 for the Program for the previous fiscal year, as spec14 ified in the report required under section 

15 101(a)(3).’’. 

16 SEC. 116. IMPROVING NETWORKING AND INFORMATION 

17 TECHNOLOGY EDUCATION. 

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

19 amended— 

20 (1) by redesignating paragraphs (2) through 

21 (4) as paragraphs (3) through (5), respectively; and 

22 (2) by inserting after paragraph (1) the fol23 lowing new paragraph: 

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

25 its existing programs, in collaboration with other 


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1 agencies, as appropriate, to improve the teaching 

2 and learning of networking and information tech3 nology at all levels of education and to increase par4 ticipation in networking and information technology 

5 fields, including by women and underrepresented mi6 norities;’’. 

7 SEC. 117. CONFORMING AND TECHNICAL AMENDMENTS. 

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

9 5502) is amended— 

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

11 striking ‘‘high-performance computing’’ and insert12 ing ‘‘networking and information technology’’; 

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

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

15 computing’’ and inserting ‘‘networking and informa16 tion technology’’; 

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

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

19 place it appears and inserting ‘‘networking and in20 formation technology’’; and 

21 (4) in paragraph (2)— 

22 (A) by striking ‘‘high-performance com23 puting and’’ and inserting ‘‘networking and in24 formation technology and’’; and 


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1 (B) by striking ‘‘high-performance com2 puting network’’ and inserting ‘‘networking and 

3 information technology’’. 

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

5 U.S.C. 5511) is amended by striking ‘‘HIGH-PER6 FORMANCE COMPUTING’’ and inserting ‘‘NET7 WORKING AND INFORMATION TECH8 NOLOGY’’. 

9 (c) SECTION 101.—Section 101 of such Act (15 

10 U.S.C. 5511) is amended— 

11 (1) in the section heading, by striking ‘‘HIGH12 PERFORMANCE COMPUTING’’ and inserting 

13 ‘‘NETWORKING AND INFORMATION TECH14 NOLOGY RESEARCH AND DEVELOPMENT’’; 

15 (2) in subsection (a)— 

16 (A) in the subsection heading, by striking 

17 ‘‘NATIONAL HIGH-PERFORMANCE COMPUTING’’ 

18 and inserting ‘‘NETWORKING AND INFORMA19 TION TECHNOLOGY RESEARCH AND DEVELOP20 MENT’’; 

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

22 (i) in the matter preceding subpara23 graph (A), by striking ‘‘National High-Per24 formance Computing Program’’ and insert25 ing ‘‘networking and information techVerDate Mar 15 2010 01:35 Jun 30, 2010 Jkt 089200 PO 00000 Frm 00052 Fmt 6652 Sfmt 6201 E:\BILLS\H5116.RFS H5116

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1 nology research and development pro2 gram’’; 

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

4 ‘‘high-performance computing, including 

5 networking’’ and inserting ‘‘networking 

6 and information technology’’; and 

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

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

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

10 and 

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

12 (i) in subparagraphs (A) and (C)— 

13 (I) by striking ‘‘high-performance 

14 computing’’ each place it appears and 

15 inserting ‘‘networking and information 

16 technology’’; and 

17 (II) by striking ‘‘development, 

18 networking,’’ each place it appears 

19 and inserting ‘‘development,’’; and 

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

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

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

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

24 (3) in subsection (b)(1), in the matter pre25 ceding subparagraph (A), by striking ‘‘high-performVerDate Mar 15 2010 01:35 Jun 30, 2010 Jkt 089200 PO 00000 Frm 00053 Fmt 6652 Sfmt 6201 E:\BILLS\H5116.RFS H5116

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1 ance computing’’ both places it appears and insert2 ing ‘‘networking and information technology’’; and 

3 (4) in subsection (c)(1)(A), by striking ‘‘high4 performance computing’’ and inserting ‘‘networking 

5 and information technology’’. 

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

7 (15 U.S.C. 5521(a)(1)) is amended by striking ‘‘high-per8 formance computing’’ and all that follows through ‘‘net9 working;’’ and inserting ‘‘networking and information re10 search and development;’’. 

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

12 U.S.C. 5522(a)) is amended by striking ‘‘high-perform13 ance computing’’ and inserting ‘‘networking and informa14 tion technology’’. 

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

16 U.S.C. 5523(a)(1)) is amended by striking ‘‘high-perform17 ance computing and networking’’ and inserting ‘‘net18 working and information technology’’. 

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

20 (15 U.S.C. 5524(a)(1)) is amended— 

21 (1) in subparagraph (A), by striking ‘‘high-per22 formance computing systems and networks’’ and in23 serting ‘‘networking and information technology sys24 tems and capabilities’’; and 


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1 (2) in subparagraph (C), by striking ‘‘high-per2 formance computing’’ and inserting ‘‘networking and 

3 information technology’’. 

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

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

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

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

8 U.S.C. 5526(a)) is amended by striking ‘‘computational 

9 research’’ and inserting ‘‘networking and information 

10 technology research’’. 

11 (j) SECTION 208.—Section 208 of such Act (15 

12 U.S.C. 5528) is amended— 

13 (1) in the section heading, by striking ‘‘HIGH14 PERFORMANCE COMPUTING’’ and inserting 

15 ‘‘NETWORKING AND INFORMATION TECH16 NOLOGY’’; and 

17 (2) in subsection (a)— 

18 (A) in paragraph (1), by striking ‘‘High19 performance computing and associated’’ and in20 serting ‘‘Networking and information’’; 

21 (B) in paragraph (2), by striking ‘‘high22 performance computing’’ and inserting ‘‘net23 working and information technologies’’; 


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1 (C) in paragraph (4), by striking ‘‘high2 performance computers and associated’’ and in3 serting ‘‘networking and information’’; and 

4 (D) in paragraph (5), by striking ‘‘high5 performance computing and associated’’ and in6 serting ‘‘networking and information’’. 

7 Subtitle C—Other OSTP Provisions 

8 SEC. 121. FEDERAL SCIENTIFIC COLLECTIONS. 

9 (a) MANAGEMENT OF SCIENTIFIC COLLECTIONS.— 

10 The Office of Science and Technology Policy, in consulta11 tion with relevant Federal agencies, shall ensure the devel12 opment of formal policies for the management and use of 

13 Federal scientific collections to improve the quality, orga14 nization, access, including online access, and long-term 

15 preservation of such collections for the benefit of the sci16 entific enterprise. 

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

18 the term ‘‘scientific collection’’ means a set of physical 

19 specimens, living or inanimate, created for the purpose of 

20 supporting science and serving as a long-term research 

21 asset, rather than for their market value as collectibles 

22 or their historical, artistic, or cultural significance. 

23 (c) CLEARINGHOUSE.—The Office of Science and 

24 Technology Policy, in consultation with relevant Federal 

25 agencies, shall ensure the development of an online clearVerDate Mar 15 2010 01:35 Jun 30, 2010 Jkt 089200 PO 00000 Frm 00056 Fmt 6652 Sfmt 6201 E:\BILLS\H5116.RFS H5116

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1 inghouse for information on the contents of and access 

2 to Federal scientific collections. 

3 (d) DISPOSAL OF COLLECTIONS.—The policies devel4 oped under subsection (a) shall— 

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

6 collection, a Federal agency shall— 

7 (A) conduct a review of the research value 

8 of the collection; and 

9 (B) consult with researchers who have 

10 used the collection, and other potentially inter11 ested parties, concerning— 

12 (i) the collection’s value for research 

13 purposes; and 

14 (ii) possible additional educational 

15 uses for the collection; and 

16 (2) include procedures for Federal agencies to 

17 transfer scientific collections they no longer need to 

18 researchers at institutions or other entities qualified 

19 to manage the collections. 

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

21 Technology Policy, in consultation with relevant Federal 

22 agencies, shall develop a common set of methodologies to 

23 be used by Federal agencies for the assessment and pro24 jection of costs associated with the management and pres25 ervation of their scientific collections. 


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1 SEC. 122. COORDINATION OF MANUFACTURING RESEARCH 

2 AND DEVELOPMENT. 

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

4 Office of Science and Technology Policy shall establish or 

5 designate an interagency committee under the National 

6 Science and Technology Council with the responsibility for 

7 planning and coordinating Federal programs and activities 

8 in manufacturing research and development. 

9 (b) RESPONSIBILITIES OF COMMITTEE.—The inter10 agency committee established or designated under sub11 section (a) shall— 

12 (1) coordinate the manufacturing research and 

13 development programs and activities of the Federal 

14 agencies; 

15 (2) establish goals and priorities for manufac16 turing research and development that will strengthen 

17 United States manufacturing; and 

18 (3) develop and update every 5 years thereafter 

19 a strategic plan to guide Federal programs and ac20 tivities in support of manufacturing research and de21 velopment, which shall— 

22 (A) specify and prioritize near-term and 

23 long-term research and development objectives, 

24 the anticipated time frame for achieving the ob25 jectives, and the metrics for use in assessing 

26 progress toward the objectives; 


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1 (B) specify the role of each Federal agency 

2 in carrying out or sponsoring research and de3 velopment to meet the objectives of the stra4 tegic plan; 

5 (C) describe how the Federal agencies sup6 porting manufacturing research and develop7 ment will foster the transfer of research and de8 velopment results into new manufacturing tech9 nologies, processes, and products for the benefit 

10 of society and the national interest; and 

11 (D) describe how the Federal agencies sup12 porting manufacturing research and develop13 ment will strengthen all levels of manufacturing 

14 education and training programs to ensure an 

15 adequate, well-trained workforce. 

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

17 strategic plan required under subsection (b)(3), the Direc18 tor of the Office of Science and Technology Policy, work19 ing through the interagency committee, shall take into 

20 consideration the recommendations of a wide range of 

21 stakeholders, including representatives from diverse man22 ufacturing companies, academia, and other relevant orga23 nizations and institutions. 

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

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


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1 the Office of Science and Technology Policy shall transmit 

2 the strategic plan developed under subsection (b)(3) to the 

3 Committee on Commerce, Science, and Transportation of 

4 the Senate, and the Committee on Science and Technology 

5 of the House of Representatives, and shall transmit subse6 quent updates to those committees when completed. 

7 SEC. 123. INTERAGENCY PUBLIC ACCESS COMMITTEE. 

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

9 Science and Technology Policy shall establish a working 

10 group under the National Science and Technology Council 

11 with the responsibility to coordinate Federal science agen12 cy research and policies related to the dissemination and 

13 long-term stewardship of the results of unclassified re14 search, including digital data and peer-reviewed scholarly 

15 publications, supported wholly, or in part, by funding from 

16 the Federal science agencies. 

17 (b) RESPONSIBILITIES.—The working group estab18 lished under subsection (a) shall— 

19 (1) coordinate the development or designation 

20 of uniform standards for research data, the struc21 ture of full text and metadata, navigation tools, and 

22 other applications to achieve interoperability across 

23 Federal science agencies, across science and engi24 neering disciplines, and between research data and 

25 scholarly publications, taking into account existing 


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1 consensus standards, including international stand2 ards; 

3 (2) coordinate Federal science agency programs 

4 and activities that support research and education 

5 on tools and systems required to ensure preservation 

6 and stewardship of all forms of digital research data, 

7 including scholarly publications; 

8 (3) work with international science and tech9 nology counterparts to maximize interoperability be10 tween United States based unclassified research 

11 databases and international databases and reposi12 tories; 

13 (4) solicit input and recommendations from, 

14 and collaborate with, non-Federal stakeholders, in15 cluding universities, nonprofit and for-profit pub16 lishers, libraries, federally funded research scientists, 

17 and other organizations and institutions with a stake 

18 in long term preservation and access to the results 

19 of federally funded research; and 

20 (5) establish priorities for coordinating the de21 velopment of any Federal science agency policies re22 lated to public access to the results of federally 

23 funded research to maximize uniformity of such poli24 cies with respect to their benefit to, and potential 


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1 economic or other impact on, the science and engi2 neering enterprise and the stakeholders thereof. 

3 (c) PATENT OR COPYRIGHT LAW.—Nothing in this 

4 section shall be construed to affect any right under the 

5 provisions of title 17 or 35, United States Code. 

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

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

8 the Office of Science and Technology Policy shall transmit 

9 a report to Congress describing— 

10 (1) any priorities established under subsection 

11 (b)(5); 

12 (2) the status of any Federal science agency 

13 policies related to public access to the results of fed14 erally funded research; and 

15 (3) how any policies developed or being devel16 oped by Federal science agencies, as described in 

17 paragraph (2), incorporate input from the non-Fed18 eral stakeholders described in subsection (b)(4). 

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

20 the term ‘‘Federal science agency’’ means any Federal 

21 agency with an annual extramural research expenditure 

22 of over $100,000,000. 

23 (f) SENSE OF CONGRESS REGARDING PEER RE24 VIEW.—It is the sense of Congress that peer review is an 

25 important part of the process of ensuring the integrity of 


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1 the record of scientific research, and that the National 

2 Science and Technology Council working group estab3 lished under this section should take into account the role 

4 that scientific publishers play in the peer review process. 

5 SEC. 124. FULFILLING THE POTENTIAL OF WOMEN IN ACA6 DEMIC SCIENCE AND ENGINEERING. 

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

8 science agency’’ means any Federal agency that is respon9 sible for at least 2 percent of total Federal research and 

10 development funding to institutions of higher education, 

11 according to the most recent data available from the Na12 tional Science Foundation. 

13 (b) WORKSHOPS TO ENHANCE GENDER EQUITY IN

14 ACADEMIC SCIENCE AND ENGINEERING.— 

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

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

17 of the Office of Science and Technology Policy shall 

18 develop a uniform policy for all Federal science 

19 agencies to carry out a program of workshops that 

20 educate program officers, members of grant review 

21 panels, institution of higher education STEM de22 partment chairs, and other federally funded re23 searchers about methods that minimize the effects of 

24 gender bias in evaluation of Federal research grants 

25 and in the related academic advancement of actual 


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1 and potential recipients of these grants, including 

2 hiring, tenure, promotion, and selection for any 

3 honor based in part on the recipient’s research 

4 record. 

5 (2) INTERAGENCY COORDINATION.—The Direc6 tor of the Office of Science and Technology Policy 

7 shall ensure that programs of workshops across the 

8 Federal science agencies are coordinated and sup9 ported jointly as appropriate. As part of this proc10 ess, the Director of the Office of Science and Tech11 nology Policy shall ensure that at least 1 workshop 

12 is supported every 2 years among the Federal 

13 science agencies in each of the major science and en14 gineering disciplines supported by those agencies. 

15 (3) ORGANIZATIONS ELIGIBLE TO CARRY OUT

16 WORKSHOPS.—Federal science agencies may carry 

17 out the program of workshops under this subsection 

18 by making grants to eligible organizations. In addi19 tion to any other organizations made eligible by the 

20 Federal science agencies, the following organizations 

21 are eligible for grants under this subsection: 

22 (A) Nonprofit scientific and professional 

23 societies and organizations that represent one 

24 or more STEM disciplines. 


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1 (B) Nonprofit organizations that have the 

2 primary mission of advancing the participation 

3 of women in STEM. 

4 (4) CHARACTERISTICS OF WORKSHOPS.—The 

5 workshops shall have the following characteristics: 

6 (A) Invitees to workshops shall include at 

7 least— 

8 (i) the chairs of departments in the 

9 relevant discipline from at least the top 50 

10 institutions of higher education, as deter11 mined by the amount of Federal research 

12 and development funds obligated to each 

13 institution of higher education in the prior 

14 year based on data available from the Na15 tional Science Foundation; 

16 (ii) members of any standing research 

17 grant review panel appointed by the Fed18 eral science agencies in the relevant dis19 cipline; 

20 (iii) in the case of science and engi21 neering disciplines supported by the De22 partment of Energy, the individuals from 

23 each of the Department of Energy Na24 tional Laboratories with personnel manage25 ment responsibilities comparable to those 


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1 of an institution of higher education de2 partment chair; and 

3 (iv) Federal science agency program 

4 officers in the relevant discipline, other 

5 than program officers that participate in 

6 comparable workshops organized and run 

7 specifically for that agency’s program offi8 cers. 

9 (B) Activities at the workshops shall in10 clude research presentations and interactive dis11 cussions or other activities that increase the 

12 awareness of the existence of gender bias in the 

13 grant-making process and the development of 

14 the academic record necessary to qualify as a 

15 grant recipient, including recruitment, hiring, 

16 tenure review, promotion, and other forms of 

17 formal recognition of individual achievement, 

18 and provide strategies to overcome such bias. 

19 (C) Research presentations and other 

20 workshop programs, as appropriate, shall in21 clude a discussion of the unique challenges 

22 faced by women who are members of histori23 cally underrepresented groups. 

24 (D) Workshop programs shall include in25 formation on best practices and the value of 


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1 mentoring undergraduate and graduate women 

2 students as well as outreach to girls earlier in 

3 their STEM education. 

4 (5) REPORT.— 

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

6 after the date of enactment of this Act, the Di7 rector of the Office of Science and Technology 

8 Policy shall transmit to the Committee on 

9 Science and Technology of the House of Rep10 resentatives and the Committee on Commerce, 

11 Science, and Transportation of the Senate a re12 port evaluating the effectiveness of the program 

13 carried out under this subsection to reduce gen14 der bias towards women engaged in research 

15 funded by the Federal Government. The Direc16 tor of the Office of Science and Technology Pol17 icy shall include in this report any recommenda18 tions for improving the evaluation process de19 scribed in subparagraph (B). 

20 (B) MINIMUM CRITERIA FOR EVALUA21 TION.—In determining the effectiveness of the 

22 program, the Director of the Office of Science 

23 and Technology Policy shall consider, at a min24 imum— 


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1 (i) the rates of participation by 

2 invitees in the workshops authorized under 

3 this subsection; 

4 (ii) the results of attitudinal surveys 

5 conducted on workshop participants before 

6 and after the workshops; 

7 (iii) any relevant institutional policy 

8 or practice changes reported by partici9 pants; and 

10 (iv) for individuals described in para11 graph (4)(A)(i) or (iii) who participated in 

12 at least 1 workshop 3 or more years prior 

13 to the due date for the report, trends in 

14 the data for the department represented by 

15 the chair or employee including faculty 

16 data related to gender as described in sec17 tion 216. 

18 (C) INSTITUTIONAL ATTENDANCE AT

19 WORKSHOPS.—As part of the report under sub20 paragraph (A), the Director of the Office of 

21 Science and Technology Policy shall include a 

22 list of institutions of higher education science 

23 and engineering departments whose representa24 tives attended the workshops required under 

25 this subsection. 


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1 (6) MINIMIZING COSTS.—To the extent prac2 ticable, workshops shall be held in conjunction with 

3 national or regional disciplinary meetings to mini4 mize costs associated with participant travel. 

5 (c) EXTENDED RESEARCH GRANT SUPPORT AND IN6 TERIM TECHNICAL SUPPORT FOR CAREGIVERS.— 

7 (1) POLICIES FOR CAREGIVERS.—Not later 

8 than 6 months after the date of enactment of this 

9 Act, the Director of the Office of Science and Tech10 nology Policy shall develop a uniform policy to— 

11 (A) extend the period of grant support for 

12 federally funded researchers who have 

13 caregiving responsibilities; and 

14 (B) provide funding for interim technical 

15 staff support for federally funded researchers 

16 who take a leave of absence for caregiving re17 sponsibilities. 

18 (2) REPORT.—Upon developing the policy re19 quired under paragraph (1), the Director of the Of20 fice of Science and Technology Policy shall transmit 

21 a copy of the policy to the Committee on Science 

22 and Technology of the House of Representatives and 

23 to the Committee on Commerce, Science, and Trans24 portation of the Senate. 


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1 (d) COLLECTION OF DATA ON FEDERAL RESEARCH

2 GRANTS.— 

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

4 shall collect standardized annual composite informa5 tion on demographics, field, award type and budget 

6 request, review score, and funding outcome for all 

7 applications for research and development grants to 

8 institutions of higher education supported by that 

9 agency. 

10 (2) REPORTING OF DATA.— 

11 (A) The Director of the Office of Science 

12 and Technology Policy shall establish a policy 

13 to ensure uniformity and standardization of 

14 data collection required under paragraph (1). 

15 (B) Not later than 2 years after the date 

16 of enactment of this Act, and annually there17 after, each Federal science agency shall submit 

18 data collected under paragraph (1) to the Na19 tional Science Foundation. 

20 (C) The National Science Foundation shall 

21 be responsible for storing and publishing all of 

22 the grant data submitted under subparagraph 

23 (B), disaggregated and cross-tabulated by race, 

24 ethnicity, and gender, in conjunction with the 

25 biennial report required under section 37 of the 


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1 Science and Engineering Equal Opportunities 

2 Act (42 U.S.C. 1885d). 

3 SEC. 125. NATIONAL COMPETITIVENESS AND INNOVATION 

4 STRATEGY. 

5 Not later than one year after the date of the enact6 ment of this Act, the Director of the White House Office 

7 of Science and Technology Policy shall submit to Congress 

8 and the President a national competitiveness and innova9 tion strategy for strengthening the innovative and com10 petitive capacity of the Federal Government, State and 

11 local governments, institutions of higher education, and 

12 the private sector that includes— 

13 (1) proposed legislative changes and action; 

14 (2) proposed actions to be taken collectively by 

15 executive agencies, including White House offices; 

16 (3) proposed actions to be taken by individual 

17 executive agencies, including White House offices; 

18 and 

19 (4) a proposal for metrics-based monitoring and 

20 oversight of the progress of the Federal Government 

21 with respect to improving conditions for the innova22 tion occurring in and the competitiveness of the 

23 United States. 


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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 

5 Foundation Authorization Act of 2010’’. 

6 Subtitle A—General Provisions 

7 SEC. 211. DEFINITIONS. 

8 In this title: 

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

10 the Director of the National Science Foundation es11 tablished under section 2 of the National Science 

12 Foundation 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 

19 meaning given such term in section 101(a) of the 

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

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

22 the several States, the District of Columbia, the 

23 Commonwealth of Puerto Rico, the Virgin Islands, 

24 Guam, American Samoa, the Commonwealth of the 


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1 Northern Mariana Islands, or any other territory or 

2 possession of the United States. 

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

4 technology, engineering, and mathematics. 

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

6 States’’ means the several States, the District of Co7 lumbia, the Commonwealth of Puerto Rico, the Vir8 gin Islands, Guam, American Samoa, the Common9 wealth of the Northern Mariana Islands, and any 

10 other territory or 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 

14 appropriated to the Foundation $7,481,000,000 for 

15 fiscal year 2011. 

16 (2) SPECIFIC ALLOCATIONS.—Of the amount 

17 authorized under paragraph (1)— 

18 (A) $6,020,000,000 shall be made avail19 able 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 

6 for the Office of Inspector General. 

7 (b) FISCAL YEAR 2012.— 

8 (1) IN GENERAL.—There are authorized to be 

9 appropriated to the Foundation $8,127,000,000 for 

10 fiscal year 2012. 

11 (2) SPECIFIC ALLOCATIONS.—Of the amount 

12 authorized under paragraph (1)— 

13 (A) $6,496,000,000 shall be made avail14 able for research and related activities; 

15 (B) $1,020,000,000 shall be made avail16 able 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 

25 for the Office of Inspector General. 


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1 (c) FISCAL YEAR 2013.— 

2 (1) IN GENERAL.—There are authorized to be 

3 appropriated to the Foundation $8,764,000,000 for 

4 fiscal year 2013. 

5 (2) SPECIFIC ALLOCATIONS.—Of the amount 

6 authorized under paragraph (1)— 

7 (A) $7,009,000,000 shall be made avail8 able for research and related activities; 

9 (B) $1,100,000,000 shall be made avail10 able 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 

19 for the Office of Inspector General. 

20 (d) FISCAL YEAR 2014.— 

21 (1) IN GENERAL.—There are authorized to be 

22 appropriated to the Foundation $9,436,000,000 for 

23 fiscal year 2014. 

24 (2) SPECIFIC ALLOCATIONS.—Of the amount 

25 authorized under paragraph (1)— 


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1 (A) $7,562,000,000 shall be made avail2 able for research and related activities; 

3 (B) $1,187,000,000 shall be made avail4 able 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 

13 for the Office of Inspector General. 

14 (e) FISCAL YEAR 2015.— 

15 (1) IN GENERAL.—There are authorized to be 

16 appropriated to the Foundation $10,161,000,000 for 

17 fiscal year 2015. 

18 (2) SPECIFIC ALLOCATIONS.—Of the amount 

19 authorized under paragraph (1)— 

20 (A) $8,160,000,000 shall be made avail21 able for research and related activities; 

22 (B) $1,281,000,000 shall be made avail23 able 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 

9 for 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 

15 more than 5’’. 

16 (b) SCIENCE AND ENGINEERING INDICATORS DUE

17 DATE.—Section 4(j)(1) of the National Science Founda18 tion Act of 1950 (42 U.S.C. 1863(j)(1)) is amended by 

19 striking ‘‘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 

22 (42 U.S.C. 1863(j)(2)) is amended by inserting ‘‘within 

23 the authority of the Foundation (or otherwise as requested 

24 by the appropriate Congressional committees of jurisdic25 tion or the President)’’ after ‘‘individual policy matters’’. 


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1 (d) BOARD ADHERENCE TO SUNSHINE ACT.—Sec2 tion 15(a) of the National Science Foundation Authoriza3 tion 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 

24 STEM workforce. 


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1 (3) Increased participation of women and 

2 underrepresented 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 

12 implement a policy for the Broader Impacts Review Cri13 terion 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 recipi19 ents undertaken to satisfy the Broader Impacts Re20 view 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 

3 for assessment and evaluation of the broader im4 pacts activity; 

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 Cri12 terion as described in subsection (a); and 

13 (5) requires principal investigators applying for 

14 Foundation research grants to provide evidence of 

15 institutional support for the portion of the investiga16 tor’s proposal designed to satisfy the Broader Im17 pacts Review Criterion, including evidence of rel18 evant training, programs, and other institutional re19 sources available to the investigator from either their 

20 home institution or organization or another institu21 tion or organization with relevant expertise. 

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

24 (a) ESTABLISHMENT.—There is established within 

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1 neering Statistics (in this section referred to as the ‘‘Cen2 ter’’), that shall serve as a central Federal clearinghouse 

3 for the collection, interpretation, analysis, and dissemina4 tion of objective data on science, engineering, technology, 

5 and research 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 dis9 seminate statistical data related to the science and 

10 engineering enterprise in the United States and 

11 other nations that is relevant and useful to practi12 tioners, researchers, policymakers, and the public, 

13 including 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 

23 of 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 

6 issue regular, and as necessary, special statistical reports 

7 on topics related to the national and international science 

8 and engineering enterprise such as the biennial report re9 quired by section 4 (j)(1) of the National Science Founda10 tion Act of 1950 (42 U.S.C. 1863(j)(1)) on indicators of 

11 the state 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 re15 port, in conjunction with the biennial report required 

16 under section 37 of the Science and Engineering Equal 

17 Opportunities Act (42 U.S.C. 1885d), statistical summary 

18 data on the demographics of STEM discipline faculty at 

19 institutions of higher education in the United States, 

20 disaggregated and cross-tabulated by race, ethnicity, and 

21 gender. At a minimum, the Director shall consider— 

22 (1) the number and percent of faculty by gen23 der, race, and age; 

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

25 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 

16 gender, race, and age. 

17 (b) RECOMMENDATIONS.—The Director shall solicit 

18 input and recommendations from relevant stakeholders, 

19 including representatives from institutions of higher edu20 cation and nonprofit organizations, on the collection of 

21 data required under subsection (a), including the develop22 ment of standard definitions on the terms and categories 

23 to be used 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, includ3 ing— 

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

5 the sources of those data; 

6 (2) justification for the exclusion of any data 

7 described in paragraph (1); and 

8 (3) a list of the definitions for the terms and 

9 categories, such as ‘‘faculty’’ and ‘‘leadership posi10 tions’’, to be applied in the reporting of all data de11 scribed in paragraph (1). 

12 Subtitle B—Research and 

13 Innovation 

14 SEC. 221. SUPPORT FOR POTENTIALLY TRANSFORMATIVE 

15 RESEARCH. 

16 (a) POLICY.—The Director shall establish a policy 

17 that requires the Foundation to use at least 5 percent of 

18 its research budget to fund high-risk, high-reward basic 

19 research proposals. Support for facilities and infrastruc20 ture, including preconstruction design and operations and 

21 maintenance of major research facilities, shall not be 

22 counted as part of the research budget for the purposes 

23 of this section. 

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

25 the Foundation may— 


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1 (1) develop solicitations specifically for high2 risk, high-reward basic research; 

3 (2) establish review panels for the primary pur4 pose of selecting high-risk, high-reward proposals or 

5 modify instructions to standard review panels to re6 quire identification of high-risk, high-reward pro7 posals; and 

8 (3) support workshops and participate in con9 ferences with the primary purpose of identifying new 

10 opportunities for high-risk, high-reward basic re11 search, especially at interdisciplinary interfaces. 

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

13 term ‘‘high-risk, high-reward basic research’’ means re14 search driven by ideas that have the potential to radically 

15 change our understanding of an important existing sci16 entific or engineering concept, or leading to the creation 

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

18 that is characterized by its challenge to current under19 standing or its pathway to new frontiers. 

20 SEC. 222. FACILITATING INTERDISCIPLINARY COLLABORA21 TIONS FOR NATIONAL NEEDS. 

22 (a) IN GENERAL.—The Director shall award competi23 tive, merit-based awards in amounts not to exceed 

24 $5,000,000 over a period of up to 5 years to interdiscipli25 nary research collaborations that are likely to assist in adVerDate Mar 15 2010 01:35 Jun 30, 2010 Jkt 089200 PO 00000 Frm 00085 Fmt 6652 Sfmt 6201 E:\BILLS\H5116.RFS H5116

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1 dressing critical challenges to national security, competi2 tiveness, and societal well-being and that— 

3 (1) involve at least 2 co-equal principal inves4 tigators at the same or different institutions; 

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

6 investigators, including students or postdoctoral re7 searchers, from one or more disciplines; and 

8 (3) foster creativity and pursue high-risk, high9 reward research. 

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

11 this section, the Director shall give priority to applicants 

12 that propose to utilize advances in cyberinfrastructure and 

13 simulation-based science and engineering. 

14 SEC. 223. NATIONAL SCIENCE FOUNDATION MANUFAC15 TURING RESEARCH AND EDUCATION. 

16 (a) MANUFACTURING RESEARCH.—The Director 

17 shall carry out a program to award merit-reviewed, com18 petitive grants to institutions of higher education to sup19 port fundamental research leading to transformative ad20 vances in manufacturing technologies, processes, and en21 terprises that will support United States manufacturing 

22 through improved performance, productivity, sustain23 ability, and competitiveness. Research areas may in24 clude— 

25 (1) nanomanufacturing; 


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1 (2) manufacturing and construction machines 

2 and equipment, including robotics, automation, and 

3 other intelligent systems; 

4 (3) manufacturing enterprise systems; 

5 (4) advanced sensing and control techniques; 

6 (5) materials processing; and 

7 (6) information technologies for manufacturing, 

8 including predictive and real-time models and sim9 ulations, and virtual manufacturing. 

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

11 ensure a well-trained manufacturing workforce, the Direc12 tor shall award grants to strengthen and expand scientific 

13 and technical education and training in advanced manu14 facturing, including through the Foundation’s Advanced 

15 Technological Education program. 

16 SEC. 224. STRENGTHENING INSTITUTIONAL RESEARCH 

17 PARTNERSHIPS. 

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

19 grant, in an amount greater than $2,000,000, to be car20 ried out through a partnership that includes one or more 

21 minority-serving institutions or predominantly under22 graduate institutions and one or more institutions de23 scribed in subsection (b), the Director shall award funds 

24 directly, according to the budget justification described in 

25 the grant proposal, to at least two of the institutions of 


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1 higher education in the partnership, including at least one 

2 minority-serving institution or one predominantly under3 graduate institution, to ensure a strong and equitable 

4 partnership. 

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

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

7 among the 100 institutions receiving, over the 3-year pe8 riod immediately preceding the awarding of grants, the 

9 highest amount of research funding from the Foundation. 

10 (c) REPORT.—Not later than one year after the date 

11 of enactment of this Act, the Director shall provide a re12 port to Congress on institutional research partnerships 

13 identified in subsection (a) funded in the previous fiscal 

14 year. 

15 SEC. 225. NATIONAL SCIENCE BOARD REPORT ON MID16 SCALE INSTRUMENTATION. 

17 (a) MID-SCALE RESEARCH INSTRUMENTATION

18 NEEDS.—The National Science Board shall evaluate the 

19 needs, across all disciplines supported by the Foundation, 

20 for mid-scale research instrumentation that falls between 

21 the instruments funded by the Major Research Instrumen22 tation program and the very large projects funded by the 

23 Major Research Equipment and Facilities Construction 

24 program. 


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1 (b) REPORT ON MID-SCALE RESEARCH INSTRUMEN2 TATION PROGRAM.—Not later than 1 year after the date 

3 of enactment of this Act, the National Science Board shall 

4 submit to Congress a report on mid-scale research instru5 mentation at the Foundation. At a minimum, this report 

6 shall include— 

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

8 instrumentation needs required under subsection (a), 

9 including a description of differences across dis10 ciplines and Foundation research directorates; 

11 (2) a recommendation or recommendations re12 garding how the Foundation should set priorities for 

13 mid-scale instrumentation across disciplines and 

14 Foundation research directorates; 

15 (3) a recommendation or recommendations re16 garding the appropriateness of expanding existing 

17 programs, including the Major Research Instrumen18 tation program or the Major Research Equipment 

19 and Facilities Construction program, to support 

20 more instrumentation at the mid-scale; 

21 (4) a recommendation or recommendations re22 garding the need for and appropriateness of a new, 

23 Foundation-wide program or initiative in support of 

24 mid-scale instrumentation, including any rec25 ommendations regarding the administration of and 


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1 budget for such a program or initiative and the ap2 propriate scope of instruments to be funded under 

3 such a program or initiative; and 

4 (5) any recommendation or recommendations 

5 regarding other options for supporting mid-scale re6 search instrumentation at the Foundation. 

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

8 RESEARCH INFRASTRUCTURE AT THE FOUN9 DATION. 

10 It is the sense of Congress that the Foundation 

11 should strive to keep the percentage of the Foundation 

12 budget devoted to research infrastructure in the range of 

13 24 to 27 percent, as recommended in the 2003 National 

14 Science Board report entitled ‘‘Science and Engineering 

15 Infrastructure for the 21st Century’’. 

16 SEC. 227. PARTNERSHIPS FOR INNOVATION. 

17 (a) IN GENERAL.—The Director shall carry out a 

18 program to award merit-reviewed, competitive grants to 

19 institutions of higher education to establish and to expand 

20 partnerships that promote innovation and increase the 

21 economic and social impact of research by developing tools 

22 and resources to connect new scientific discoveries to prac23 tical uses. 

24 (b) PARTNERSHIPS.— 


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

2 under this section, an institution of higher education 

3 must propose establishment of a partnership that— 

4 (A) includes at least one private sector en5 tity; and 

6 (B) may include other institutions of high7 er education, public sector institutions, private 

8 sector entities, and social enterprise nonprofit 

9 organizations. 

10 (2) PRIORITY.—In selecting grant recipients 

11 under this section, the Director shall give priority to 

12 partnerships that include one or more institutions of 

13 higher education that are among the 100 institu14 tions receiving, over the 3-year period immediately 

15 preceding the awarding of grants, the highest 

16 amount of research funding from the Foundation 

17 and at least one of the following: 

18 (A) A minority serving institution. 

19 (B) A primarily undergraduate institution. 

20 (C) A 2-year institution of higher edu21 cation. 

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

23 shall seek to— 

24 (1) increase the economic or social impact of 

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1 stitutions of higher education that are members of 

2 the partnership through knowledge transfer or com3 mercialization; 

4 (2) increase the engagement of faculty and stu5 dents across multiple disciplines and departments, 

6 including faculty and students in schools of business 

7 and other appropriate non-STEM fields and dis8 ciplines in knowledge transfer activities; 

9 (3) enhance education and mentoring of stu10 dents and faculty in innovation and entrepreneur11 ship through networks, courses, and development of 

12 best practices and curricula; 

13 (4) strengthen the culture of the institution or 

14 institutions of higher education to undertake and 

15 participate in activities related to innovation and 

16 leading to economic or social impact; 

17 (5) broaden the participation of all types of in18 stitutions of higher education in activities to meet 

19 STEM workforce needs and promote innovation and 

20 knowledge transfer; and 

21 (6) build lasting partnerships with local and re22 gional businesses, local and State governments, and 

23 other relevant entities. 

24 (d) ADDITIONAL CRITERIA.—In selecting grant re25 cipients under this section, the Director shall also consider 


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1 the extent to which the applicants are able to demonstrate 

2 evidence of institutional support for, and commitment 

3 to— 

4 (1) achieving the goals of the program as de5 scribed in subsection (c); 

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

7 the initial proposal is not for an institution-wide pro8 gram; and 

9 (3) sustaining any new innovation tools and re10 sources generated from funding under this program. 

11 (e) LIMITATION.—No funds provided under this sec12 tion may be used to construct or renovate a building or 

13 structure. 

14 SEC. 228. PRIZE AWARDS. 

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

16 ‘‘Generating Extraordinary New Innovations in the 

17 United States Act of 2010’’. 

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

19 pilot program to award innovation inducement cash prizes 

20 in any area of research supported by the Foundation. The 

21 Director may carry out a program of cash prizes only in 

22 conformity with this section. 

23 (c) TOPICS.—In identifying topics for prize competi24 tions under this section, the Director shall— 


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1 (1) consult widely both within and outside the 

2 Federal Government; 

3 (2) give priority to high-risk, high-reward re4 search challenges and to problems whose solution 

5 could improve the economic competitiveness of the 

6 United States; and 

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

8 topics have the potential to raise public awareness 

9 about federally sponsored research. 

10 (d) TYPES OF CONTESTS.—The Director shall con11 sider all categories of innovation inducement prizes, in12 cluding— 

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

14 team or individual who accomplishes a stated objec15 tive; and 

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

17 individual who comes closest to achieving an objec18 tive within a specified time. 

19 (e) ADVERTISING AND ANNOUNCEMENT.— 

20 (1) ADVERTISING AND SOLICITATION OF COM21 PETITORS.—The Director shall widely advertise 

22 prize competitions to encourage broad participation, 

23 including by individuals, institutions of higher edu24 cation, nonprofit organizations, and businesses. 


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1 (2) ANNOUNCEMENT THROUGH FEDERAL REG2 ISTER NOTICE.—The Director shall announce each 

3 prize competition by publishing a notice in the Fed4 eral Register. This notice shall include the subject of 

5 the competition, the duration of the competition, the 

6 eligibility requirements for participation in the com7 petition, the process for participants to register for 

8 the competition, the amount of the prize, and the 

9 criteria for awarding the prize, including the method 

10 by which the prize winner or winners will be se11 lected. 

12 (3) TIME TO ANNOUNCEMENT.—The Director 

13 shall announce a prize competition within 18 months 

14 after receipt of appropriated funds. 

15 (f) FUNDING.— 

16 (1) FUNDING SOURCES.—Prizes under this sec17 tion shall consist of Federal appropriated funds and 

18 any funds raised pursuant to donations authorized 

19 under section 11(f) of the National Science Founda20 tion Act of 1950 (42 U.S.C. 1870(f)) for specific 

21 prize competitions. 

22 (2) ANNOUNCEMENT OF PRIZES.—The Director 

23 may not issue a notice as required by subsection 

24 (e)(2) until all of the funds needed to pay out the 

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1 priated or committed in writing by another entity 

2 pursuant to paragraph (1). 

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

4 this section, an individual or entity— 

5 (1) shall have complied with all of the require6 ments under this section; 

7 (2) in the case of a private entity, shall be in8 corporated in and maintain a primary place of busi9 ness in the United States, and in the case of an in10 dividual, whether participating singly or in a group, 

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

12 alien lawfully admitted to the United States for per13 manent residence; 

14 (3) shall not be a Federal entity, a Federal em15 ployee acting within the scope of his or her employ16 ment, or a person employed at a Federal laboratory 

17 acting within the scope of his or her employment; 

18 and 

19 (4) shall not have utilized Federal funds to en20 gage in research on the topic for which the prize is 

21 being awarded. 

22 (h) AWARDS.— 

23 (1) NUMBER OF COMPETITIONS.—The Director 

24 may announce up to 5 prize competitions through 

25 the end of fiscal year 2013. 


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1 (2) SIZE OF AWARD.—The Director may deter2 mine the amount of each prize award based on the 

3 prize topic, but no award shall be less than 

4 $1,000,000 or greater than $3,000,000. 

5 (3) SELECTING WINNERS.—The Director may 

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

7 competition. If the panel is unable to select a win8 ner, the Director shall determine the winner of the 

9 prize. 

10 (4) PUBLIC OUTREACH.—The Director shall 

11 publicly award prizes utilizing the Foundation’s ex12 isting public affairs and public outreach resources. 

13 (i) ADMINISTERING THE COMPETITION.—The Direc14 tor may enter into an agreement with a private, nonprofit 

15 entity to administer the prize competition, subject to the 

16 provisions of this section. 

17 (j) INTELLECTUAL PROPERTY.—The Federal Gov18 ernment shall not, by virtue of offering or awarding a 

19 prize under this section, be entitled to any intellectual 

20 property rights derived as a consequence of, or in direct 

21 relation to, the participation by a registered participant 

22 in a competition authorized by this section. This sub23 section shall not be construed to prevent the Federal Gov24 ernment from negotiating a license for the use of intellecVerDate Mar 15 2010 01:35 Jun 30, 2010 Jkt 089200 PO 00000 Frm 00097 Fmt 6652 Sfmt 6201 E:\BILLS\H5116.RFS H5116

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1 tual property developed for a prize competition under this 

2 section. 

3 (k) LIABILITY.—The Director may require a reg4 istered participant in a prize competition under this sec5 tion to waive liability against the Federal Government for 

6 injuries and damages that result from participation in 

7 such competition. 

8 (l) NONSUBSTITUTION.—Any programs created 

9 under this section shall not be considered a substitute for 

10 Federal research and development programs. 

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

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

13 Science Board shall transmit to Congress a report con14 taining the results of a review and assessment of the pilot 

15 program under this section, including— 

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

17 completed or ongoing prize competitions carried out 

18 under this section, including any scientific achieve19 ments, publications, intellectual property, or com20 mercialized technology that resulted from such com21 petitions; 

22 (2) any recommendations regarding changes to, 

23 the termination of, or continuation of the pilot pro24 gram; 


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1 (3) an analysis of whether the program is at2 tracting contestants more diverse than the Founda3 tion’s traditional academic constituency; 

4 (4) an analysis of whether public awareness of 

5 innovation or of the goal of the particular prize or 

6 prizes is enhanced; 

7 (5) an analysis of whether the Foundation’s 

8 public image or ability to increase public scientific 

9 literacy is enhanced through the use of innovation 

10 inducement prizes; and 

11 (6) an analysis of the extent to which private 

12 funds are being used to support registered partici13 pants. 

14 (n) EARLY TERMINATION OF CONTESTS.—The Di15 rector shall terminate a prize contest before any registered 

16 participant wins if the Director determines that an unreg17 istered entity has produced an innovation that would oth18 erwise have qualified for the prize award. 

19 (o) AUTHORIZATION OF APPROPRIATIONS.— 

20 (1) IN GENERAL.— 

21 (A) AWARDS.—There are authorized to be 

22 appropriated to the Director for the period en23 compassing fiscal years 2011 through 2013 

24 $12,000,000 for carrying out this section. 


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1 (B) ADMINISTRATION.—Of the amounts 

2 authorized in subparagraph (A), not more than 

3 15 percent for each fiscal year shall be available 

4 for the administrative costs of carrying out this 

5 section. 

6 (2) CARRYOVER OF FUNDS.—Funds appro7 priated for prize awards under this section shall re8 main available until expended, and may be trans9 ferred, reprogrammed, or expended for other pur10 poses as authorized by law only after the expiration 

11 of 7 fiscal years after the fiscal year for which the 

12 funds were originally appropriated. No provision in 

13 this section permits obligation or payment of funds 

14 in violation of section 1341 of title 31 of the United 

15 States Code (commonly referred to as the Anti-Defi16 ciency Act). 

17 SEC. 229. COLLABORATION IN PLANNING FOR STEWARD18 SHIP OF LARGE-SCALE FACILITIES. 

19 It is the sense of Congress that the Foundation 

20 should, in its planning for construction and stewardship 

21 of large facilities, coordinate and collaborate with other 

22 Federal agencies, including the Department of Energy’s 

23 Office of Science, to ensure that joint investments may 

24 be made when practicable. In particular, the Foundation 

25 should ensure that it responds to recommendations by the 


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1 National Academy of Sciences and working groups con2 vened by the National Science and Technology Council re3 garding such facilities and opportunities for partnership 

4 with other agencies in the design and construction of such 

5 facilities. For facilities in which research in multiple dis6 ciplines will be possible, the Director should include mul7 tiple units within the Foundation during the planning 

8 process. 

9 SEC. 230. GREEN CHEMISTRY BASIC RESEARCH. 

10 The Director shall establish a Green Chemistry Basic 

11 Research program to award competitive, merit-based 

12 grants to support research into green and sustainable 

13 chemistry which will lead to clean, safe, and economical 

14 alternatives to traditional chemical products and practices. 

15 The research program shall provide sustained support for 

16 green chemistry research, education, and technology 

17 transfer through— 

18 (1) merit-reviewed competitive grants to indi19 vidual investigators and teams of investigators, in20 cluding, to the extent practicable, young investiga21 tors, for research; 

22 (2) grants to fund collaborative research part23 nerships among universities, industry, and nonprofit 

24 organizations; 


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1 (3) symposia, forums, and conferences to in2 crease outreach, collaboration, and dissemination of 

3 green chemistry advances and practices; and 

4 (4) education, training, and retraining of under5 graduate and graduate students and professional 

6 chemists and chemical engineers, including through 

7 partnerships with industry, in green chemistry 

8 science and engineering. 

9 Subtitle C—STEM Education and 

10 Workforce Training 

11 SEC. 241. GRADUATE STUDENT SUPPORT. 

12 (a) FINDING.—The Congress finds that— 

13 (1) the Integrative Graduate Education and Re14 search Traineeship program is an important pro15 gram for training the next generation of scientists 

16 and engineers in team-based interdisciplinary re17 search and problem solving, and for providing them 

18 with the many additional skills, such as communica19 tion skills, needed to thrive in diverse STEM ca20 reers; and 

21 (2) the Integrative Graduate Education and Re22 search Traineeship program is no less valuable to 

23 the preparation and support of graduate students 

24 than the Foundation’s Graduate Research Fellow25 ship program. 


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1 (b) EQUAL TREATMENT OF IGERT AND GRF.—Be2 ginning in fiscal year 2011, the Director shall increase or, 

3 if necessary, decrease funding for the Foundation’s Inte4 grative Graduate Education and Research Traineeship 

5 program (or any program by which it is replaced) at least 

6 at the same rate as it increases or decreases funding for 

7 the Graduate Research Fellowship program. 

8 (c) SUPPORT FOR GRADUATE STUDENT RESEARCH

9 FROM THE RESEARCH ACCOUNT.—For each of the fiscal 

10 years 2011 through 2015, at least 50 percent of the total 

11 Foundation funds allocated to the Integrative Graduate 

12 Education and Research Traineeship program and the 

13 Graduate Research Fellowship program shall come from 

14 funds appropriated for Research and Related Activities. 

15 (d) COST OF EDUCATION ALLOWANCE FOR GRF 

16 PROGRAM.—Section 10 of the National Science Founda17 tion Act of 1950 (42 U.S.C. 1869) is amended— 

18 (1) by inserting ‘‘(a)’’ before ‘‘The Foundation 

19 is authorized’’; and 

20 (2) by adding at the end the following new sub21 section: 

22 ‘‘(b) The Director shall establish for each year the 

23 amount to be awarded for scholarships and fellowships 

24 under this section for that year. Each such scholarship 

25 and fellowship shall include a cost of education allowance 


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1 of $12,000, subject to any restrictions on the use of cost 

2 of education allowance as determined by the Director.’’. 

3 SEC. 242. POSTDOCTORAL FELLOWSHIP IN STEM EDU4 CATION RESEARCH. 

5 (a) IN GENERAL.—The Director shall establish 

6 postdoctoral fellowships in STEM education research to 

7 provide recent doctoral degree graduates in STEM fields 

8 with the necessary skills to assume leadership roles in 

9 STEM education research, program development, and 

10 evaluation in our Nation’s diverse educational institutions. 

11 (b) AWARDS.— 

12 (1) DURATION.—Fellowships may be awarded 

13 under this section for a period of up to 24 months 

14 in duration, renewable for an additional 12 months. 

15 The Director shall establish criteria for eligibility for 

16 renewal of the fellowship. 

17 (2) STIPEND.—The Director shall determine 

18 the amount of the award for a fellowship, which 

19 shall include a stipend and a research allowance, and 

20 may include an educational allowance. 

21 (3) LOCATION.—A fellowship shall be awarded 

22 for research at any institution of higher education 

23 that offers degrees in fields supported by the Foun24 dation, or at any institution or organization that the 


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1 Director determines is eligible for education research 

2 grants from the Foundation. 

3 (4) NUMBER OF AWARDS.—The Director may 

4 award up to 20 new fellowships per year. 

5 (c) RESEARCH.—Fellowships under this section shall 

6 be awarded for research on STEM education at any edu7 cational level, including grades pre-K–12, undergraduate, 

8 graduate, and general public education, in both formal and 

9 informal settings. Research topics may include— 

10 (1) learning processes and progressions; 

11 (2) knowledge transfer, including curriculum 

12 development; 

13 (3) uses of technology as teaching and learning 

14 tools; 

15 (4) integrating STEM fields; and 

16 (5) assessment of student learning and program 

17 evaluation. 

18 (d) ELIGIBILITY.—To be eligible for a fellowship 

19 under this section, an individual must— 

20 (1) be a United States citizen or national, or an 

21 alien lawfully admitted to the United States for per22 manent residence, at the time of application; and 

23 (2) have received a doctoral degree in one of the 

24 STEM fields supported by the Foundation within 3 

25 years prior to the fellowship application deadline. 


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1 (e) OUTREACH.—In carrying out the program under 

2 this section, the Director shall conduct outreach efforts 

3 to encourage applications from underrepresented groups. 

4 SEC. 243. ROBERT NOYCE TEACHER SCHOLARSHIP PRO5 GRAM. 

6 (a) MATCHING REQUIREMENT.—Section 10A(h)(1) 

7 of the National Science Foundation Authorization Act of 

8 2002 (42 U.S.C. 1862n–1a(h)(1)) is amended to read as 

9 follows: 

10 ‘‘(1) IN GENERAL.—An eligible entity receiving 

11 a grant under this section shall provide, from non12 Federal sources, to carry out the activities supported 

13 by the grant— 

14 ‘‘(A) in the case of grants in an amount of 

15 less than $1,500,000, an amount equal to at 

16 least 30 percent of the amount of the grant, at 

17 least one half of which shall be in cash; and 

18 ‘‘(B) in the case of grants in an amount of 

19 $1,500,000 or more, an amount equal to at 

20 least 50 percent of the amount of the grant, at 

21 least one half of which shall be in cash.’’. 

22 (b) RETIRING STEM PROFESSIONALS.—Section 10A 

23 of the National Science Foundation Authorization Act of 

24 2002 (42 U.S.C. 1862n–1a) is amended in subsection 


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1 (a)(2)(A) by inserting ‘‘including retiring professionals in 

2 those fields,’’ after ‘‘mathematics professionals,’’. 

3 SEC. 244. INSTITUTIONS SERVING PERSONS WITH DISABIL4 ITIES. 

5 For the purposes of the activities and programs sup6 ported by the Foundation, institutions of higher education 

7 chartered to serve large numbers of students with disabil8 ities, including Gallaudet University, Landmark College, 

9 and the National Technical Institute for the Deaf, shall 

10 have a designation consistent with the designation for 

11 other institutions that serve populations underrepresented 

12 in STEM to ensure that institutions of higher education 

13 chartered to serve persons with disabilities can benefit 

14 from STEM bridge programs and from research partner15 ships with major research universities. Nothing in this sec16 tion shall be construed to amend or otherwise affect any 

17 of the definitions for minority-serving institutions under 

18 title III or title V of the Higher Education Act of 1965. 

19 SEC. 245. INSTITUTIONAL INTEGRATION. 

20 (a) INNOVATION THROUGH INSTITUTIONAL INTE21 GRATION.—The Director shall award grants for the insti22 tutional integration of projects funded by the Foundation 

23 with a focus on education, or on broadening participation 

24 in STEM by underrepresented groups, for the purpose of 

25 increasing collaboration and coordination across funded 


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1 projects and institutions and expanding the impact of such 

2 projects within and among institutions of higher education 

3 in an innovative and sustainable manner. 

4 (b) PROGRAM ACTIVITIES.—The program under this 

5 section shall support integrative activities that involve the 

6 strategic and innovative combination of Foundation-fund7 ed projects and that provide for— 

8 (1) additional opportunities to increase the re9 cruitment, retention, and degree attainment of 

10 underrepresented groups in STEM disciplines; 

11 (2) the inclusion of programming, practices, 

12 and policies that encourage the integration of edu13 cation and research; 

14 (3) seamless transitions from one educational 

15 level to another, including from a 2-year to a 4-year 

16 institution; and 

17 (4) other activities that expand and deepen the 

18 impact of Foundation-funded projects with a focus 

19 on education, or on broadening participation in 

20 STEM by underrepresented groups, and enhance 

21 their sustainability. 

22 (c) REVIEW CRITERIA.—In selecting recipients of 

23 grants under this section, the Director shall consider at 

24 a minimum— 


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1 (1) the extent to which the proposed project ad2 dresses the goals of project and program integration 

3 and adds value to the existing funded projects; 

4 (2) the extent to which there is a proven record 

5 of success for the existing projects on which the pro6 posed integration project is based; and 

7 (3) the extent to which the proposed project ad8 dresses the modification of programming, practices, 

9 and policies necessary to achieve the purpose de10 scribed in subsection (a). 

11 (d) PRIORITY.—In selecting recipients of grants 

12 under this section, the Director shall give priority to pro13 posals for which a senior institutional administrator, in14 cluding a dean or other administrator of equal or higher 

15 rank, serves as the principal investigator. 

16 SEC. 246. POSTDOCTORAL RESEARCH FELLOWSHIPS. 

17 (a) IN GENERAL.—The Director shall establish a 

18 Foundation-wide postdoctoral research fellowship pro19 gram, to award competitive, merit-based postdoctoral re20 search fellowships in any field of research supported by 

21 the Foundation. 

22 (b) DURATION AND AMOUNT.—Fellowships may be 

23 awarded under this section for a period of up to 3 years 

24 in duration. The Director shall determine the amount of 

25 the award for a fellowship, which shall include a stipend 


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1 and a research allowance, and may include an educational 

2 allowance. 

3 (c) ELIGIBILITY.—To be eligible to receive a fellow4 ship under this section, an individual— 

5 (1) must be a United States citizen or national, 

6 or an alien lawfully admitted to the United States 

7 for permanent residence, at the time of application; 

8 (2) must have received a doctoral degree in any 

9 field of research supported by the Foundation within 

10 3 years prior to the fellowship application deadline, 

11 or will complete a doctoral degree no more than 1 

12 year after the application deadline; and 

13 (3) may not have previously received funding as 

14 the principal investigator of a research grant from 

15 the Foundation, unless such funding was received as 

16 a graduate student. 

17 (d) PRIORITY.—In evaluating applications for fellow18 ships under this section, the Director shall give priority 

19 to applications that include— 

20 (1) proposals for interdisciplinary research; or 

21 (2) proposals for high-risk, high-reward re22 search. 

23 (e) ADDITIONAL CONSIDERATIONS.— 

24 (1) IN GENERAL.—In evaluating applications 

25 for fellowships under this section, the Director shall 


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1 give consideration to the goal of promoting the par2 ticipation of individuals identified in section 33 or 

3 34 of the Science and Engineering Equal Opportuni4 ties Act (42 U.S.C. 1885a or 1885b) and veterans. 

5 (2) DEFINITION.—For purposes of this sub6 section, the term ‘‘veteran’’ means a person who— 

7 (A) served on active duty (other than ac8 tive duty for training) in the Armed Forces of 

9 the United States for a period of more than 

10 180 consecutive days, and who was discharged 

11 or released therefrom under conditions other 

12 than dishonorable; or 

13 (B) served on active duty (other than ac14 tive duty for training) in the Armed Forces of 

15 the United States and was discharged or re16 leased from such service for a service-connected 

17 disability before serving 180 consecutive days. 

18 For purposes of subparagraph (B), the term ‘‘serv19 ice-connected’’ has the meaning given such term 

20 under section 101 of title 38, United States Code. 

21 (f) NONSUBSTITUTION.—The fellowship program au22 thorized under this section is not intended to replace or 

23 reduce support for postdoctoral research through existing 

24 programs at the Foundation. 


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1 (g) OUTREACH.—In carrying out the program under 

2 this section, the Director shall conduct outreach efforts 

3 to encourage applications from underrepresented groups. 

4 SEC. 247. BROADENING PARTICIPATION TRAINING AND 

5 OUTREACH. 

6 The Director shall provide education and training— 

7 (1) to Foundation staff and grant proposal re8 view panels on effective mechanisms and tools for 

9 broadening participation in STEM by underrep10 resented groups, including reviewer selection and 

11 mitigation of implicit bias in the review process; and 

12 (2) to Foundation staff on related outreach ap13 proaches. 

14 SEC. 248. TRANSFORMING UNDERGRADUATE EDUCATION 

15 IN STEM. 

16 Section 17 of the National Science Foundation Au17 thorization Act of 2002 (42 U.S.C. 1862n–6) is amended 

18 to read as follows: 

19 ‘‘SEC. 17. TRANSFORMING UNDERGRADUATE EDUCATION 

20 IN STEM. 

21 ‘‘(a) IN GENERAL.—The Director shall award grants, 

22 on a competitive, merit-reviewed basis, to institutions of 

23 higher education (or to consortia thereof) to reform under24 graduate STEM education for the purpose of increasing 

25 the number and quality of students studying toward and 


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1 completing baccalaureate degrees in STEM and improving 

2 the STEM learning outcomes for all undergraduate stu3 dents, including through— 

4 ‘‘(1) development, implementation, and assess5 ment of innovative, research-based approaches to 

6 transforming the teaching and learning of discipli7 nary or interdisciplinary STEM at the under8 graduate level; and 

9 ‘‘(2) expansion of successful STEM reform ef10 forts beyond a single course or group of courses to 

11 achieve reform within an entire academic unit, or ex12 pansion of successful reform efforts beyond a single 

13 academic unit to other STEM academic units within 

14 an institution or to comparable academic units at 

15 other institutions. 

16 ‘‘(b) USES OF FUNDS.—Activities supported by 

17 grants under this section may include— 

18 ‘‘(1) creation of multidisciplinary or inter19 disciplinary courses or programs that formalize col20 laborations for the purpose of improved student in21 struction and research in STEM; 

22 ‘‘(2) expansion of undergraduate STEM re23 search opportunities to include interdisciplinary re24 search opportunities and research opportunities in 


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1 industry, at Federal labs, and at international re2 search institutions or research sites; 

3 ‘‘(3) implementation or expansion of bridge pro4 grams, including programs that address student 

5 transition from 2-year to 4-year institutions, and co6 hort, tutoring, or mentoring programs proven to en7 hance student recruitment or persistence to degree 

8 completion in STEM, including recruitment or per9 sistence to degree completion of individuals identi10 fied in section 33 or 34 of the Science and Engineer11 ing Equal Opportunities Act (42 U.S.C. 1885a or 

12 1885b); 

13 ‘‘(4) improvement of undergraduate STEM 

14 education for nonmajors, including education ma15 jors; 

16 ‘‘(5) implementation of evidence-based, tech17 nology-driven reform efforts that directly impact un18 dergraduate STEM instruction or research experi19 ences; 

20 ‘‘(6) development and implementation of faculty 

21 and graduate teaching assistant development pro22 grams focused on improved instruction, mentoring, 

23 assessment of student learning, and support of un24 dergraduate STEM students; 


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1 ‘‘(7) support for graduate students and 

2 postdoctoral fellows to participate in instructional or 

3 assessment activities at primarily undergraduate in4 stitutions; 

5 ‘‘(8) research on teaching and learning of 

6 STEM at the undergraduate level related to the pro7 posed reform effort, including assessment and eval8 uation of the proposed reform activities, research on 

9 scalability and sustainability of approaches to re10 form, and development and implementation of longi11 tudinal studies of students included in the proposed 

12 reform effort; and 

13 ‘‘(9) support for initiatives that advance the in14 tegration of global challenges such as sustainability 

15 into disciplinary and interdisciplinary STEM edu16 cation. 

17 ‘‘(c) PARTNERSHIP.—An institution of higher edu18 cation may partner with one or more other nonprofit edu19 cation or research organizations, including scientific and 

20 engineering societies, for the purposes of carrying out the 

21 activities authorized under this section. 

22 ‘‘(d) SELECTION PROCESS.— 

23 ‘‘(1) APPLICATIONS.—An institution of higher 

24 education seeking a grant under this section shall 

25 submit an application to the Director at such time, 


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1 in such manner, and containing such information as 

2 the Director may require. The application shall in3 clude, at a minimum— 

4 ‘‘(A) a description of the proposed reform 

5 effort; 

6 ‘‘(B) a description of the research findings 

7 that will serve as the basis for the proposed re8 form effort or, in the case of applications that 

9 propose an expansion of a previously imple10 mented reform effort, a description of the pre11 viously implemented reform effort, including in12 dicators of success such as data on student re13 cruitment, persistence to degree completion, 

14 and academic achievement; 

15 ‘‘(C) evidence of institutional support for, 

16 and commitment to, the proposed reform effort, 

17 including long-term commitment to implement 

18 successful strategies from the current reform 

19 effort beyond the academic unit or units in20 cluded in the grant proposal or to disseminate 

21 successful strategies to other institutions; 

22 ‘‘(D) a description of existing or planned 

23 institutional policies and practices regarding 

24 faculty hiring, promotion, tenure, and teaching 


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1 assignment that reward faculty contributions to 

2 undergraduate STEM education; and 

3 ‘‘(E) a description of the plans for assess4 ment and evaluation of the proposed reform ac5 tivities, including evidence of participation by 

6 individuals with experience in assessment and 

7 evaluation of teaching and learning programs. 

8 ‘‘(2) REVIEW OF APPLICATIONS.—In selecting 

9 grant recipients under this section, the Director 

10 shall consider at a minimum— 

11 ‘‘(A) the likelihood of success in under12 taking the proposed effort at the institution 

13 submitting the application, including the extent 

14 to which the faculty, staff, and administrators 

15 of the institution are committed to making the 

16 proposed institutional reform a priority of the 

17 participating academic unit or units; 

18 ‘‘(B) the degree to which the proposed re19 form will contribute to change in institutional 

20 culture and policy such that a greater value is 

21 placed on faculty engagement in undergraduate 

22 education; 

23 ‘‘(C) the likelihood that the institution will 

24 sustain or expand the reform beyond the period 

25 of the grant; and 


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1 ‘‘(D) the degree to which scholarly assess2 ment and evaluation plans are included in the 

3 design of the reform effort, including the degree 

4 to which such assessment and evaluation con5 tribute to the systematic accumulation of 

6 knowledge on STEM education. 

7 ‘‘(3) PRIORITY.—For proposals that include an 

8 expansion of existing reform efforts beyond a single 

9 academic unit, the Director shall give priority to 

10 proposals for which a senior institutional adminis11 trator, including a dean or other administrator of 

12 equal or higher rank, serves as the principal investi13 gator or a coprincipal investigator. 

14 ‘‘(4) GRANT DISTRIBUTION.—The Director 

15 shall ensure, to the extent practicable, that grants 

16 awarded under this section are made to a variety of 

17 types of institutions of higher education.’’. 

18 SEC. 249. TWENTY-FIRST CENTURY GRADUATE EDUCATION. 

19 (a) IN GENERAL.—The Director shall award grants, 

20 on a competitive, merit-reviewed basis, to institutions of 

21 higher education to implement or expand research-based 

22 reforms in master’s and doctoral level STEM education 

23 that emphasize preparation for diverse careers utilizing 

24 STEM degrees, including at diverse types of institutions 


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1 of higher education, in industry, and at government agen2 cies and research laboratories. 

3 (b) USES OF FUNDS.—Activities supported by grants 

4 under this section may include— 

5 (1) creation of multidisciplinary or interdiscipli6 nary courses or programs for the purpose of im7 proved student instruction and research in STEM; 

8 (2) expansion of graduate STEM research op9 portunities to include interdisciplinary research op10 portunities and research opportunities in industry, 

11 at Federal laboratories, and at international re12 search institutions or research sites; 

13 (3) development and implementation of future 

14 faculty training programs focused on improved in15 struction, mentoring, assessment of student learn16 ing, and support of undergraduate STEM students; 

17 (4) support and training for graduate students 

18 to participate in instructional activities beyond the 

19 traditional teaching assistantship, and especially as 

20 part of ongoing educational reform efforts, including 

21 at pre-K–12 schools, informal science education in22 stitutions, and primarily undergraduate institutions; 

23 (5) creation, improvement, or expansion of in24 novative graduate programs such as science master’s 

25 degree programs; 


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1 (6) development and implementation of semi2 nars, workshops, and other professional development 

3 activities that increase the ability of graduate stu4 dents to engage in innovation, technology transfer, 

5 and entrepreneurship; 

6 (7) development and implementation of semi7 nars, workshops, and other professional development 

8 activities that increase the ability of graduate stu9 dents to effectively communicate their research find10 ings to technical audiences outside of their own dis11 cipline and to nontechnical audiences; 

12 (8) expansion of successful STEM reform ef13 forts beyond a single academic unit to other STEM 

14 academic units within an institution or to com15 parable academic units at other institutions; and 

16 (9) research on teaching and learning of STEM 

17 at the graduate level related to the proposed reform 

18 effort, including assessment and evaluation of the 

19 proposed reform activities and research on scalability 

20 and sustainability of approaches to reform. 

21 (c) PARTNERSHIP.—An institution of higher edu22 cation may partner with one or more other nonprofit edu23 cation or research organizations, including scientific and 

24 engineering societies, for the purposes of carrying out the 

25 activities authorized under this section. 


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1 (d) SELECTION PROCESS.— 

2 (1) APPLICATIONS.—An institution of higher 

3 education seeking a grant under this section shall 

4 submit an application to the Director at such time, 

5 in such manner, and containing such information as 

6 the Director may require. The application shall in7 clude, at a minimum— 

8 (A) a description of the proposed reform 

9 effort; 

10 (B) in the case of applications that propose 

11 an expansion of a previously implemented re12 form effort at the applicant’s institution or at 

13 other institutions, a description of the pre14 viously implemented reform effort; 

15 (C) evidence of institutional support for, 

16 and commitment to, the proposed reform effort, 

17 including long-term commitment to implement 

18 successful strategies from the current reform 

19 effort beyond the academic unit or units in20 cluded in the grant proposal or to disseminate 

21 successful strategies to other institutions; and 

22 (D) a description of the plans for assess23 ment and evaluation of the grant proposed re24 form activities. 


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1 (2) REVIEW OF APPLICATIONS.—In selecting 

2 grant recipients under this section, the Director 

3 shall consider at a minimum— 

4 (A) the likelihood of success in under5 taking the proposed effort at the institution 

6 submitting the application, including the extent 

7 to which the faculty, staff, and administrators 

8 of the institution are committed to making the 

9 proposed institutional reform a priority of the 

10 participating academic unit or units; 

11 (B) the degree to which the proposed re12 form will contribute to change in institutional 

13 culture and policy such that a greater value is 

14 placed on preparing graduate students for di15 verse careers utilizing STEM degrees; 

16 (C) the likelihood that the institution will 

17 sustain or expand the reform beyond the period 

18 of the grant; and 

19 (D) the degree to which scholarly assess20 ment and evaluation plans are included in the 

21 design of the reform effort. 

22 (e) REPEAL.—Section 7034 of the America COM23 PETES Act (42 U.S.C. 1862o–13) is repealed. 


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1 SEC. 250. UNDERGRADUATE BROADENING PARTICIPATION 

2 PROGRAM. 

3 (a) UNDERGRADUATE BROADENING PARTICIPATION

4 PROGRAM.—The Foundation shall continue to support the 

5 Historically Black Colleges and Universities Under6 graduate Program, the Louis Stokes Alliances for Minor7 ity Participation program, and the Tribal Colleges and 

8 Universities Program as separate programs at least 

9 through September 30, 2011. 

10 (b) PLAN.—Prior to any realignment or consolidation 

11 of the programs described in subsection (a), in addition 

12 to the Hispanic-Serving Institutions Undergraduate Pro13 gram required by section 7033 of the America COM14 PETES Act (42 U.S.C. 1862o–12), the Director shall de15 velop a plan clarifying the objectives and rationale for such 

16 changes. The plan shall include a description of how such 

17 changes would result in— 

18 (1) meeting or strengthening the common goal 

19 of the separate programs to increase the number of 

20 individuals from underrepresented groups attaining 

21 undergraduate STEM degrees; and 

22 (2) addressing the unique needs of the different 

23 types of minority serving institutions and underrep24 resented groups currently provided for by the sepa25 rate programs. 


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

2 plan required under subsection (b), the Director shall at 

3 a minimum— 

4 (1) consider the recommendations and findings 

5 of the National Academy of Sciences report required 

6 by section 7032 of the America COMPETES Act 

7 (Public Law 110–69); and 

8 (2) solicit recommendations and feedback from 

9 a wide range of stakeholders, including representa10 tives from minority serving institutions, other insti11 tutions of higher education, and other entities with 

12 expertise on effective mechanisms to increase the re13 cruitment and retention of members of underrep14 resented groups in STEM fields, and the attainment 

15 of STEM degrees by underrepresented groups. 

16 (d) APPROVAL BY CONGRESS.—The plan developed 

17 under this section shall be transmitted to Congress at least 

18 3 months prior to the implementation of any realignment 

19 or consolidation of the programs described in subsection 

20 (a). 

21 SEC. 251. GRAND CHALLENGES IN EDUCATION RESEARCH. 

22 (a) IN GENERAL.—The Director and the Secretary 

23 of Education shall collaborate, in consultation with the Di24 rector of the National Institutes of Health, in— 


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1 (1) identifying, prioritizing, and developing 

2 strategies to address grand challenges in research 

3 and development on the teaching and learning of 

4 STEM at the pre-K–12 level, in formal and informal 

5 settings, for diverse learning populations, including 

6 individuals identified in section 33 or 34 of the 

7 Science and Engineering Equal Opportunities Act 

8 (42 U.S.C. 1885a or 1885b), and students in rural 

9 schools; 

10 (2) carrying out research and development to 

11 address the grand challenges identified in paragraph 

12 (1); and 

13 (3) ensuring the dissemination of the results of 

14 such research and development. 

15 (b) STAKEHOLDER INPUT.—In identifying the grand 

16 challenges required in subsection (a), the Director and the 

17 Secretary shall— 

18 (1) take into consideration critical research 

19 gaps identified in existing reports, including reports 

20 by the National Academies, on the teaching and 

21 learning of STEM at the pre-K–12 level in formal 

22 and informal settings; and 

23 (2) solicit input from a wide range of stake24 holders, including local and State education officials, 

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1 entific and engineering societies, STEM faculty at 

2 institutions of higher education, informal STEM 

3 education providers, businesses with a large STEM 

4 workforce, and other stakeholders in the teaching 

5 and learning of STEM at the pre-K–12 level, and 

6 may enter into an arrangement with the National 

7 Research Council for these purposes. 

8 (c) TOPICS TO CONSIDER.—In identifying the grand 

9 challenges required in subsection (a), the Director and the 

10 Secretary, in order to provide students with increased ac11 cess to rigorous courses of study in STEM, increase the 

12 number of students who are prepared for advanced study 

13 and careers in STEM, and increase the effective teaching 

14 of STEM subjects, shall at a minimum consider the fol15 lowing topics: 

16 (1) Research on scalability, sustainability, and 

17 replication of successful STEM activities, programs, 

18 and models, in formal and informal environments. 

19 (2) Research that utilizes a systems approach 

20 to identifying challenges and opportunities to im21 prove the teaching and learning of STEM, including 

22 development and evaluation of model systems that 

23 support improved teaching and learning of STEM 

24 across entire school districts and States, and encom25 passing and integrating the teaching and learning of 


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1 STEM in formal and informal venues, and in K–12 

2 schools and institutions of higher education. 

3 (3) Research to understand what makes a 

4 STEM teacher effective and pre-service and in-serv5 ice STEM teacher training and professional develop6 ment effective, including development of tools and 

7 methodologies to measure STEM teacher effective8 ness. 

9 (4) Research and development on cyber-enabled 

10 tools and programs and television based tools and 

11 programs for learning and teaching STEM, includ12 ing development of tools and methodologies for as13 sessing cyber and television enabled teaching and 

14 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 persist2 ence 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 

8 assessing such experiences. 

9 (d) REPORT TO CONGRESS.—Not later than 18 

10 months after the date of enactment of this Act, the Direc11 tor and the Secretary shall report back to Congress with 

12 a description 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 re23 sults of research and development activities carried 

24 out under this section to STEM education practi25 tioners, to other Federal agencies that support 


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1 STEM programs and activities, and to non-Federal 

2 funders of 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 6 or more undergraduate STEM students for sites des14 ignated at primarily undergraduate institutions of higher 

15 education and 10 or more undergraduate STEM students 

16 for all other sites, with consideration given to the goal of 

17 promoting the participation of individuals identified in sec18 tion 33 or 34 of the Science and Engineering Equal Op19 portunities Act (42 U.S.C. 1885a or 1885b). The Director 

20 shall ensure that— 

21 (1) at least half of the students participating in 

22 a program funded by a grant under this subsection 

23 at each site shall be recruited from institutions of 

24 higher education where research opportunities in 

25 STEM are limited, including 2-year institutions; 


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1 (2) the awards provide undergraduate research 

2 experiences in a wide range of STEM disciplines; 

3 (3) the awards support a variety of projects, in4 cluding independent investigator-led projects, inter5 disciplinary projects, and multi-institutional projects 

6 (including virtual projects); 

7 (4) students participating in each program 

8 funded have mentors, including during the academic 

9 year to the extent practicable, to help connect the 

10 students’ research experiences to the overall aca11 demic course of study and to help students achieve 

12 success in courses of study leading to a bacca13 laureate degree in a STEM field; 

14 (5) mentors and students are supported with 

15 appropriate salary or stipends; and 

16 (6) student participants are tracked, for em17 ployment and continued matriculation in STEM 

18 fields, through receipt of the undergraduate degree 

19 and for at least 3 years thereafter. 

20 (b) INCLUSION OF UNDERGRADUATES IN STANDARD

21 RESEARCH GRANTS.—The Director shall require that 

22 every recipient of a research grant from the Foundation 

23 proposing to include 1 or more students enrolled in certifi24 cate, associate, or baccalaureate degree programs in car25 rying out the research under the grant shall request supVerDate Mar 15 2010 01:35 Jun 30, 2010 Jkt 089200 PO 00000 Frm 00130 Fmt 6652 Sfmt 6201 E:\BILLS\H5116.RFS H5116

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1 port, including stipend support, for such undergraduate 

2 students as part of the research proposal itself rather than 

3 as a supplement to the research proposal, unless such un4 dergraduate participation was not foreseeable at the time 

5 of the original proposal. 

6 SEC. 253. LABORATORY SCIENCE PILOT PROGRAM. 

7 Section 7026 of the America COMPETES Act (Pub8 lic Law 110–69) is amended by striking subsections (d) 

9 and (e). 

10 SEC. 254. STEM INDUSTRY INTERNSHIP PROGRAMS. 

11 (a) IN GENERAL.—The Director may award grants, 

12 on a competitive, merit-reviewed basis, to institutions of 

13 higher education, or consortia thereof, to establish or ex14 pand partnerships with local or regional private sector en15 tities, for the purpose of providing undergraduate students 

16 with integrated internship experiences that connect private 

17 sector internship experiences with the students’ STEM 

18 coursework. Such partnerships may also include industry 

19 or professional associations. 

20 (b) PRIORITY.—In awarding grants under this sec21 tion, the Director shall give priority to institutions of high22 er education or consortia thereof that demonstrate signifi23 cant outreach to and coordination with local or regional 

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1 signed to provide students with the skills necessary for em2 ployment in local or regional companies. 

3 (c) OUTREACH TO RURAL COMMUNITIES.—The 

4 Foundation shall conduct outreach to institutions of high5 er education and private sector entities in rural areas to 

6 encourage those entities to participate in partnerships 

7 under this section. 

8 (d) COST-SHARE.—The Director shall require a 50 

9 percent non-Federal cost-share from partnerships estab10 lished or expanded under this section. 

11 (e) RESTRICTION.—No Federal funds provided under 

12 this section may be used— 

13 (1) for the purpose of providing stipends or 

14 compensation to students for private sector intern15 ships; or 

16 (2) as payment or reimbursement to private 

17 sector entities, except for institutions of higher edu18 cation. 

19 (f) REPORT.—Not less than 3 years after the date 

20 of enactment of this Act, the Director shall submit a re21 port to Congress on the number and total value of awards 

22 made under this section, the number of students affected 

23 by those awards, any evidence of the effect of those awards 

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1 pating students, and an economic and ethnic breakdown 

2 of the participating students. 

3 SEC. 255. TRIBAL COLLEGES AND UNIVERSITIES PROGRAM. 

4 (a) IN GENERAL.—The Director shall continue to 

5 support a program to award grants on a competitive, 

6 merit-reviewed basis to tribal colleges and universities (as 

7 defined in section 316 of the Higher Education Act of 

8 1965 (20 U.S.C. 1059c)), including institutions described 

9 in section 317 of such Act (20 U.S.C. 1059d), to enhance 

10 the quality of undergraduate STEM education at such in11 stitutions and to increase the retention and graduation 

12 rates of Native American students pursuing associate’s or 

13 baccalaureate degrees in STEM. 

14 (b) PROGRAM COMPONENTS.—Grants awarded under 

15 this section shall support— 

16 (1) activities to improve courses and curriculum 

17 in STEM; 

18 (2) faculty development; 

19 (3) stipends for undergraduate students partici20 pating in research; and 

21 (4) other activities consistent with subsection 

22 (a), as determined by the Director. 

23 (c) INSTRUMENTATION.—Funding provided under 

24 this section may be used for instrumentation. 


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1 SEC. 256. CYBER-ENABLED LEARNING FOR NATIONAL 

2 CHALLENGES. 

3 The Director shall, in consultation with appropriate 

4 Federal agencies, identify ways to use cyber-enabled learn5 ing to create an innovative STEM workforce and to help 

6 retrain and retain our existing STEM workforce to ad7 dress national challenges, including national security and 

8 competitiveness. 

9 SEC. 257. SENSE OF CONGRESS. 

10 It is the sense of Congress that retaining graduate11 level talent trained at American universities in Science, 

12 Technology, Engineering, and Mathematics (STEM) fields 

13 is critical to enhancing the competitiveness of American 

14 businesses. 

15 TITLE III—STEM EDUCATION 

16 SEC. 301. COORDINATION OF FEDERAL STEM EDUCATION. 

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

18 ‘‘STEM Education Coordination Act of 2010’’. 

19 (b) DEFINITION.—In this section, the term ‘‘STEM’’ 

20 means science, technology, engineering, and mathematics. 

21 (c) ESTABLISHMENT.—The Director of the Office of 

22 Science and Technology Policy shall establish a committee 

23 under the National Science and Technology Council with 

24 the responsibility to coordinate Federal programs and ac25 tivities in support of STEM education, including at the 

26 National Science Foundation, the Department of Energy, 


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1 the National Aeronautics and Space Administration, the 

2 National Oceanic and Atmospheric Administration, the 

3 Department of Education, and all other Federal agencies 

4 that have programs and activities in support of STEM 

5 education. 

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 partici11 pating agencies, and update once every 5 years a 5- 

12 year STEM education strategic plan, which shall— 

13 (A) specify and prioritize annual and long14 term objectives; 

15 (B) specify the common metrics that will 

16 be used to assess progress toward achieving the 

17 objectives; 

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; 

22 (D) with respect to subparagraph (A), de23 scribe the role of each agency in supporting 

24 programs and activities designed to achieve the 

25 objectives; 


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1 (E) describe the approaches that will be 

2 taken by each agency to increase the participa3 tion of underrepresented minority groups in 

4 STEM studies and careers both for programs 

5 specifically designed to broaden participation 

6 and for all programs in general, including by 

7 providing for programs and activities that in8 crease participation by individuals in these 

9 groups at all institutions, and by increasing the 

10 engagement of Historically Black Colleges and 

11 Universities and minority-serving institutions in 

12 the STEM education and outreach activities 

13 supported by the agencies; and 

14 (F) describe the approaches that will be 

15 taken by each participating agency to conduct 

16 outreach designed to promote widespread public 

17 understanding of career opportunities in the 

18 STEM fields specific to the workforce needs of 

19 each agency, including outreach to women, 

20 Latinos, African-Americans, Native Americans, 

21 and other students from groups underrep22 resented in STEM; and 

23 (3) establish, periodically update, and maintain 

24 an inventory of federally sponsored STEM education 

25 programs and activities, including documentation of 


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1 assessments of the effectiveness of such programs 

2 and activities and rates of participation by underrep3 resented minorities in such programs and activities; 

4 and 

5 (4) establish and maintain a publically acces6 sible online database of all federally sponsored 

7 STEM education programs and activities at all levels 

8 and for all audiences, including students, teachers, 

9 and the general public. 

10 (e) RESPONSIBILITIES OF OSTP.—The Director of 

11 the Office of Science and Technology Policy shall encour12 age and monitor the efforts of the participating agencies 

13 to ensure that the strategic plan under subsection (d)(2) 

14 is developed and executed effectively and that the objec15 tives of the strategic plan are met. 

16 (f) REPORT.—The Director of the Office of Science 

17 and Technology Policy shall transmit a report annually to 

18 Congress at the time of the President’s budget request de19 scribing the plan required under subsection (d)(2). The 

20 annual report shall include— 

21 (1) a description of the STEM education pro22 grams and activities for the previous and current fis23 cal years, and the proposed programs and activities 

24 under the President’s budget request, of each par25 ticipating Federal agency; 


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1 (2) the levels of funding for each participating 

2 Federal agency for the programs and activities de3 scribed under paragraph (1) for the previous fiscal 

4 year and under the President’s budget request; 

5 (3) except for the initial annual report, a de6 scription of the progress made in carrying out the 

7 implementation plan, including a description of the 

8 outcome of any program assessments completed in 

9 the previous year, and any changes made to that 

10 plan since the previous annual report; and 

11 (4) a description of how the participating Fed12 eral agencies will disseminate information about fed13 erally supported resources for STEM education 

14 practitioners, including teacher professional develop15 ment programs, to States and to STEM education 

16 practitioners, including to teachers and administra17 tors in high-need schools, as defined in section 200 

18 of the Higher Education Act of 1965 (20 U.S.C. 

19 1021). 

20 SEC. 302. ADVISORY COMMITTEE ON STEM EDUCATION. 

21 (a) IN GENERAL.—The President shall establish or 

22 designate an advisory committee on science, technology, 

23 engineering, and mathematics (STEM) education. 

24 (b) MEMBERSHIP.—The advisory committee estab25 lished or designated by the President under subsection (a) 


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1 shall be chaired by at least 2 members of the President’s 

2 Council of Advisors on Science and Technology, with the 

3 remaining advisory committee membership consisting of 

4 non-Federal members who are specially qualified to pro5 vide the President with advice and information on STEM 

6 education. Membership of the advisory committee, at a 

7 minimum, shall include individuals from the following cat8 egories of individuals and organizations: 

9 (1) Elementary school and secondary school ad10 ministrator associations. 

11 (2) STEM educator professional associations. 

12 (3) Organizations that provide informal STEM 

13 education activities. 

14 (4) Institutions of higher education. 

15 (5) Scientific and engineering professional soci16 eties. 

17 (6) Business and industry associations. 

18 (7) Foundations that fund STEM education ac19 tivities. 

20 (c) RESPONSIBILITIES.—The responsibilities of the 

21 advisory committee shall include— 

22 (1) soliciting input from teachers and adminis23 trators in both public and private schools, local edu24 cational agencies, States, and other public and pri25 vate STEM education stakeholder groups for the 


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1 purpose of informing the Federal agencies that sup2 port STEM education programs on the STEM edu3 cation needs of States and school districts, including 

4 the unique needs of schools in rural areas; 

5 (2) soliciting input from all STEM education, 

6 including through the interagency committee estab7 lished under section 301, stakeholder groups regard8 ing STEM education programs, including STEM 

9 education research programs, supported by Federal 

10 agencies; 

11 (3) providing advice to the Federal agencies, in12 cluding through the interagency committee estab13 lished under section 301, that support STEM edu14 cation programs on how their programs can be bet15 ter aligned with the needs of States and school dis16 tricts as identified in paragraph (1), consistent with 

17 the mission of each agency; 

18 (4) offering guidance to the President on cur19 rent STEM education activities, research findings, 

20 and best practices, with the purpose of increasing 

21 connectivity between public and private STEM edu22 cation efforts; 

23 (5) facilitating improved coordination between 

24 federally supported STEM education programs and 


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1 activities and State level activities, including the ef2 forts of P–16 and P–20 councils in the States; and 

3 (6) providing advice to Federal agencies on how 

4 their STEM technical training and education pro5 grams can be better aligned with the workforce 

6 needs of States and regions. 

7 (d) DEFINITIONS.—For purposes of this section: 

8 (1) P-16.—The term ‘‘P–16’’ refers to a system 

9 of education that encompasses preschool through un10 dergraduate level education. 

11 (2) P-20.—The term ‘‘P–20’’ refers to a system 

12 of education that encompasses preschool through 

13 graduate level education. 

14 SEC. 303. STEM EDUCATION AT THE DEPARTMENT OF EN15 ERGY. 

16 (a) DEFINITIONS.—Section 5002 of the America 

17 COMPETES Act (42 U.S.C. 16531) is amended— 

18 (1) by redesignating paragraphs (2) through 

19 (4) as paragraphs (3) through (5), respectively; and 

20 (2) by inserting after paragraph (1) the fol21 lowing new paragraph: 

22 ‘‘(2) ENERGY SYSTEMS SCIENCE AND ENGI23 NEERING.—The term ‘energy systems science and 

24 engineering’ means— 


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1 ‘‘(A) nuclear science and engineering, in2 cluding— 

3 ‘‘(i) nuclear engineering; 

4 ‘‘(ii) nuclear chemistry; 

5 ‘‘(iii) radiochemistry; and 

6 ‘‘(iv) health physics; 

7 ‘‘(B) hydrocarbon system science and engi8 neering, including— 

9 ‘‘(i) petroleum or reservoir engineer10 ing; 

11 ‘‘(ii) environmental geoscience; 

12 ‘‘(iii) petrophysics; 

13 ‘‘(iv) geophysics; 

14 ‘‘(v) geochemistry; 

15 ‘‘(vi) petroleum geology; 

16 ‘‘(vii) ocean engineering; 

17 ‘‘(viii) environmental engineering; and 

18 ‘‘(ix) carbon capture and sequestra19 tion science and engineering; 

20 ‘‘(C) energy efficiency and renewable en21 ergy technology systems science and engineer22 ing, including with respect to— 

23 ‘‘(i) solar technology systems; 

24 ‘‘(ii) wind technology systems; 

25 ‘‘(iii) buildings technology systems; 


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1 ‘‘(iv) transportation technology sys2 tems; 

3 ‘‘(v) hydropower systems; 

4 ‘‘(vi) marine and hydrokinetic tech5 nology systems; 

6 ‘‘(vii) geothermal systems; and 

7 ‘‘(viii) biomass technology systems; 

8 and 

9 ‘‘(D) energy storage and distribution sys10 tems science and engineering, including with re11 spect to— 

12 ‘‘(i) energy storage; and 

13 ‘‘(ii) energy delivery.’’. 

14 (b) SCIENCE, TECHNOLOGY, ENGINEERING, AND

15 MATHEMATICS EDUCATION PROGRAMS.—Subpart B of 

16 the Department of Energy Science Education Enhance17 ment Act (42 U.S.C. 7381g et seq.) is amended— 

18 (1) in section 3170— 

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

20 follows: 

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

22 the Director of STEM Education appointed or des23 ignated under section 3171(c)(1).’’; 

24 (B) by redesignating paragraph (2) as 

25 paragraph (3); 


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1 (C) by inserting after paragraph (1) the 

2 following new paragraph: 

3 ‘‘(2) ENERGY SYSTEMS SCIENCE AND ENGI4 NEERING.—The term ‘energy systems science and 

5 engineering’ means— 

6 ‘‘(A) nuclear science and engineering, in7 cluding— 

8 ‘‘(i) nuclear engineering; 

9 ‘‘(ii) nuclear chemistry; 

10 ‘‘(iii) radiochemistry; and 

11 ‘‘(iv) health physics; 

12 ‘‘(B) hydrocarbon system science and engi13 neering, including— 

14 ‘‘(i) petroleum or reservoir engineer15 ing; 

16 ‘‘(ii) environmental geoscience; 

17 ‘‘(iii) petrophysics; 

18 ‘‘(iv) geophysics; 

19 ‘‘(v) geochemistry; 

20 ‘‘(vi) petroleum geology; 

21 ‘‘(vii) ocean engineering; 

22 ‘‘(viii) environmental engineering; and 

23 ‘‘(ix) carbon capture and sequestra24 tion science and engineering; 


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1 ‘‘(C) energy efficiency and renewable en2 ergy technology systems science and engineer3 ing, including with respect to— 

4 ‘‘(i) solar technology systems; 

5 ‘‘(ii) wind technology systems; 

6 ‘‘(iii) buildings technology systems; 

7 ‘‘(iv) transportation technology sys8 tems; 

9 ‘‘(v) hydropower systems; 

10 ‘‘(vi) marine and hydrokinetic tech11 nology systems; 

12 ‘‘(vii) geothermal systems; and 

13 ‘‘(viii) biomass technology systems; 

14 and 

15 ‘‘(D) energy storage and distribution sys16 tems science and engineering, including with re17 spect to— 

18 ‘‘(i) energy storage; and 

19 ‘‘(ii) energy delivery.’’; and 

20 (D) by adding at the end the following new 

21 paragraph: 

22 ‘‘(4) STEM.—The term ‘STEM’ means science, 

23 technology, engineering, and mathematics.’’; 

24 (2) by striking chapters 1, 2, 3, 4, and 6; 


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1 (3) by inserting after section 3170 the following 

2 new chapter: 

3 ‘‘CHAPTER 1—STEM EDUCATION 

4 ‘‘SEC. 3171. STEM EDUCATION. 

5 ‘‘(a) IN GENERAL.—The Secretary of Energy shall 

6 develop, conduct, support, promote, and coordinate formal 

7 and informal educational activities that leverage the De8 partment’s unique content expertise and facilities to con9 tribute to improving STEM education at all levels in the 

10 United States, and to enhance awareness and under11 standing of STEM, including energy sciences, in order to 

12 create a diverse skilled scientific and technical workforce 

13 essential to meeting the challenges facing the Department 

14 and the Nation in the 21st century. 

15 ‘‘(b) PROGRAMS.—The Secretary shall carry out evi16 dence-based programs designed to increase student inter17 est and participation, including by women and underrep18 resented minority students, improve public literacy and 

19 support, and improve the teaching and learning of energy 

20 systems science and engineering and other STEM dis21 ciplines supported by the Department. Programs author22 ized under this subsection may include— 

23 ‘‘(1) informal educational programming de24 signed to excite and inspire students and the general 

25 public about energy systems science and engineering 


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1 and other STEM disciplines supported by the De2 partment, while strengthening their content knowl3 edge in these fields; 

4 ‘‘(2) teacher training and professional develop5 ment opportunities for pre-service and in-service ele6 mentary and secondary teachers designed to increase 

7 the content knowledge of teachers in energy systems 

8 science and engineering and other STEM disciplines 

9 supported by the Department, including through 

10 hands-on research experiences; 

11 ‘‘(3) research opportunities for secondary school 

12 students, including internships at the National Lab13 oratories, that provide secondary school students 

14 with hands-on research experiences as well as expo15 sure to working scientists; 

16 ‘‘(4) research opportunities at the National 

17 Laboratories for undergraduate and graduate stu18 dents pursuing degrees in energy systems science 

19 and engineering and other STEM disciplines sup20 ported by the Department; 

21 ‘‘(5) competitive scholarships, fellowships, and 

22 traineeships for undergraduate and graduate stu23 dents in energy systems science and engineering and 

24 other STEM disciplines supported by the Depart25 ment; 


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1 ‘‘(6) competitive grants for institutions of high2 er education (as defined under section 101(a) of the 

3 Higher Education Act of 1965 (20 U.S.C. 

4 1001(a))), including 2-year institutions of higher 

5 education, to establish or expand degree programs or 

6 courses in energy systems science and engineering; 

7 and 

8 ‘‘(7) professional training for energy auditors, 

9 field technicians, and building contractors, in the 

10 areas of building energy retrofits and audits or re11 lated renewable energy technology installations. 

12 ‘‘(c) ORGANIZATION OF STEM EDUCATION PRO13 GRAMS.— 

14 ‘‘(1) DIRECTOR OF STEM EDUCATION.—The 

15 Secretary shall appoint or designate a Director of 

16 STEM Education, who shall have the principal re17 sponsibility to oversee and coordinate all programs 

18 and activities of the Department in support of 

19 STEM education, including energy systems science 

20 and engineering education, across all functions of 

21 the Department. 

22 ‘‘(2) QUALIFICATIONS.—The Director shall be 

23 an individual, who by reason of professional back24 ground and experience, is specially qualified to ad25 vise the Secretary on all matters pertaining to 


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1 STEM education, including energy systems science 

2 and engineering education, at the Department. 

3 ‘‘(3) DUTIES.—The Director shall— 

4 ‘‘(A) oversee and coordinate all programs 

5 in support of STEM education, including en6 ergy systems science and engineering education, 

7 across all functions of the Department; 

8 ‘‘(B) represent the Department as the 

9 principal interagency liaison for all STEM edu10 cation programs, unless otherwise represented 

11 by the Secretary, the Under Secretary for 

12 Science, or the Under Secretary for Energy; 

13 ‘‘(C) prepare the annual budget and advise 

14 the Under Secretary for Science and the Under 

15 Secretary for Energy on all budgetary issues for 

16 STEM education, including energy systems 

17 science and engineering education, relative to 

18 the programs of the Department; 

19 ‘‘(D) establish, periodically update, and 

20 maintain a publicly accessible online inventory 

21 of STEM education programs and activities, in22 cluding energy systems science and engineering 

23 education programs and activities; 


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1 ‘‘(E) develop, implement, and update the 

2 Department of Energy STEM education stra3 tegic plan, as required by subsection (d); 

4 ‘‘(F) increase, to the maximum extent 

5 practicable, the participation and advancement 

6 of women and underrepresented minorities at 

7 every level of STEM education, including en8 ergy systems science and engineering education; 

9 and 

10 ‘‘(G) perform such other matters relating 

11 to STEM education as are required by the Sec12 retary, the Under Secretary for Science, or the 

13 Under Secretary for Energy. 

14 ‘‘(d) DEPARTMENT OF ENERGY STEM EDUCATION

15 STRATEGIC PLAN.—The Director of STEM education ap16 pointed or designated under subsection (c)(1) shall de17 velop, implement, and update once every 3 years a 3-year 

18 STEM education strategic plan for the Department, which 

19 shall— 

20 ‘‘(1) identify and prioritize annual and long21 term STEM education goals and objectives for the 

22 Department that are aligned with the overall goals 

23 of the National Science and Technology Council 

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1 quired under section 301(d)(2) of the STEM Edu2 cation Coordination Act of 2010; 

3 ‘‘(2) describe the role of each program or activ4 ity of the Department in contributing to the goals 

5 and objectives identified under paragraph (1); 

6 ‘‘(3) specify the metrics that will be used to as7 sess progress toward achieving those goals and ob8 jectives; and 

9 ‘‘(4) describe the approaches that will be taken 

10 to assess the effectiveness of each STEM education 

11 program and activity supported by the Department. 

12 ‘‘(e) OUTREACH TO STUDENTS FROM UNDERREP13 RESENTED GROUPS.—In carrying out a program author14 ized under this section, the Secretary shall give consider15 ation to the goal of promoting the participation of individ16 uals identified in section 33 or 34 of the Science and Engi17 neering Equal Opportunities Act (42 U.S.C. 1885a or 

18 1885b). 

19 ‘‘(f) CONSULTATION AND PARTNERSHIP WITH

20 OTHER AGENCIES.—In carrying out the programs and ac21 tivities authorized under this section, the Secretary shall— 

22 ‘‘(1) consult with the Secretary of Education 

23 and the Director of the National Science Foundation 

24 regarding activities designed to improve elementary 

25 and secondary STEM education; and 


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1 ‘‘(2) consult and partner with the Director of 

2 the National Science Foundation in carrying out 

3 programs under this section designed to build capac4 ity in STEM education at the undergraduate and 

5 graduate level, including by supporting excellent pro6 posals in energy systems science and engineering 

7 that are submitted for funding to the Foundation’s 

8 Advanced Technological Education Program.’’; and 

9 (4) in section 3191— 

10 (A) in subsection (a)— 

11 (i) by striking ‘‘web-based’’ and in12 serting ‘‘, through a publicly available 

13 website,’’; and 

14 (ii) by inserting ‘‘and project-based 

15 learning opportunities’’ after ‘‘laboratory 

16 experiments’’; 

17 (B) in subsection (b)(1), by inserting ‘‘, in18 cluding energy systems science and engineer19 ing’’ after ‘‘the science of energy’’; and 

20 (C) by striking subsection (d). 

21 (c) ENERGY APPLIED SCIENCE TALENT EXPANSION

22 PROGRAM FOR INSTITUTIONS OF HIGHER EDUCATION.— 

23 (1) AMENDMENT.—Strike sections 5004 and 

24 5005 of the America COMPETES Act (42 U.S.C. 


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1 16532 and 16533) and insert the following new sec2 tion: 

3 ‘‘SEC. 5004. ENERGY APPLIED SCIENCE TALENT EXPANSION 

4 PROGRAM FOR INSTITUTIONS OF HIGHER 

5 EDUCATION. 

6 ‘‘(a) PURPOSES.—The purposes of this section are— 

7 ‘‘(1) to address the decline in the number of 

8 and resources available to energy systems science 

9 and engineering programs at institutions of higher 

10 education, including community colleges; and 

11 ‘‘(2) to increase the number of graduates with 

12 degrees in energy systems science and engineering, 

13 an area of strategic importance to the economic 

14 competitiveness and energy security of the United 

15 States. 

16 ‘‘(b) ESTABLISHMENT.—The Secretary shall award 

17 grants, on a competitive, merit-reviewed basis, to institu18 tions of higher education to implement or expand the en19 ergy systems science and engineering educational and 

20 technical training capabilities of the institution, and to 

21 provide merit-based financial support for master’s and 

22 doctoral level students pursuing courses of study and re23 search in energy systems sciences and engineering. 


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1 ‘‘(c) USE OF FUNDS.—An institution of higher edu2 cation that receives a grant under this section may use 

3 the grant to— 

4 ‘‘(1) provide traineeships, including stipends 

5 and cost of education allowances, to master’s and 

6 doctoral students; 

7 ‘‘(2) develop or expand multidisciplinary or 

8 interdisciplinary courses or programs; 

9 ‘‘(3) recruit and retain new faculty; 

10 ‘‘(4) develop or improve core and specialized 

11 course content; 

12 ‘‘(5) encourage interdisciplinary and multidisci13 plinary research collaborations; 

14 ‘‘(6) support outreach efforts to recruit stu15 dents, including individuals identified in section 33 

16 or 34 of the Science and Engineering Equal Oppor17 tunities Act (42 U.S.C. 1885a or 1885b); and 

18 ‘‘(7) pursue opportunities for collaboration with 

19 industry and National Laboratories. 

20 ‘‘(d) CRITERIA.—Criteria for awarding a grant under 

21 this section shall be based on— 

22 ‘‘(1) the potential to attract new students to the 

23 program; 

24 ‘‘(2) academic rigor; and 


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1 ‘‘(3) the ability to offer hands-on education and 

2 training opportunities for graduate students in the 

3 emerging areas of energy systems science and engi4 neering. 

5 ‘‘(e) PRIORITY.—The Secretary shall give priority to 

6 proposals that involve active partnerships with a National 

7 Laboratory or other energy systems science and engineer8 ing related entity, as determined by the Secretary. 

9 ‘‘(f) DURATION AND AMOUNT.— 

10 ‘‘(1) DURATION.—A grant under this section 

11 may be for up to 5 years in duration. 

12 ‘‘(2) AMOUNT.—An institution of higher edu13 cation that receives a grant under this section shall 

14 be eligible for up to $1,000,000 for each year of the 

15 grant period. 

16 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 

17 are authorized to be appropriated to the Secretary to carry 

18 out this section— 

19 ‘‘(1) $30,000,000 for fiscal year 2011; 

20 ‘‘(2) $32,000,000 for fiscal year 2012; 

21 ‘‘(3) $36,000,000 for fiscal year 2013; 

22 ‘‘(4) $38,000,000 for fiscal year 2014; and 

23 ‘‘(5) $40,000,000 for fiscal year 2015.’’. 

24 (2) CONFORMING AMENDMENT.—The table of 

25 contents for the America COMPETES Act is 


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1 amended by striking the items relating to sections 

2 5004 and 5005 and inserting the following: 

Sec. 5004. Energy applied science talent expansion program for institutions of 

higher education. 

3 (d) DEPARTMENT OF ENERGY EARLY CAREER

4 AWARDS FOR SCIENCE, ENGINEERING, AND MATHE5 MATICS RESEARCHERS.—Section 5006 of the America 

6 COMPETES Act (42 U.S.C. 16534) is amended— 

7 (1) in subsection (a), by striking ‘‘Director of 

8 the Office’’ and all that follows through ‘‘shall 

9 carry’’ and inserting ‘‘Secretary shall carry’’; 

10 (2) in subsection (b)(1)— 

11 (A) in subparagraph (A), by inserting ‘‘per 

12 year’’ after ‘‘$80,000’’; and 

13 (B) in subparagraph (B), by striking 

14 ‘‘$125,000’’ and inserting ‘‘$175,000 per year’’; 

15 (3) in subsection (c)(1), by striking ‘‘, as deter16 mined by the Director’’; 

17 (4) in subsections (c)(2), (e), (f), and (g), by 

18 striking ‘‘Director’’ each place it appears and insert19 ing ‘‘Secretary’’; 

20 (5) in subsection (d), by striking ‘‘merit-re21 viewed’’ and inserting ‘‘merit-based, peer reviewed’’; 

22 and 

23 (6) in subsection (h)— 


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1 (A) by striking ‘‘, acting through the Di2 rector,’’; and 

3 (B) by striking ‘‘$25,000,000 for each of 

4 fiscal years 2008 through 2010’’ and inserting 

5 ‘‘such sums as are necessary’’. 

6 (e) PROTECTING AMERICA’S COMPETITIVE EDGE

7 (PACE) GRADUATE FELLOWSHIP PROGRAM.—Section 

8 5009 of the America COMPETES Act (42 U.S.C. 16536) 

9 is amended— 

10 (1) in subsection (c)— 

11 (A) in paragraph (1), by striking ‘‘involv12 ing written and oral interviews, that will result 

13 in a wide distribution of awards throughout the 

14 United States,’’; and 

15 (B) in paragraph (2)(B)(iv), by striking 

16 ‘‘verbal and’’; 

17 (2) in subsection (d)(1)(B)(i), by inserting 

18 ‘‘partial or full’’ before ‘‘graduate tuition’’; and 

19 (3) by striking subsection (f). 

20 (f) REPEAL.—Section 3164 of the Department of En21 ergy Science Education Enhancement Act (42 U.S.C. 

22 7381a) is repealed. 

23 SEC. 304. GREEN ENERGY EDUCATION. 

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

25 ‘‘Green Energy Education Act of 2010’’. 


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

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

3 the Director of the National Science Foundation. 

4 (2) HIGH PERFORMANCE BUILDING.—The term 

5 ‘‘high performance building’’ has the meaning given 

6 that term in section 914(a) of the Energy Policy Act 

7 of 2005 (42 U.S.C. 16194(a)). 

8 (c) GRADUATE TRAINING IN ENERGY RESEARCH

9 AND DEVELOPMENT.— 

10 (1) FUNDING.—In carrying out research, devel11 opment, demonstration, and commercial application 

12 activities authorized for the Department of Energy, 

13 the Secretary may contribute funds to the National 

14 Science Foundation for the Integrative Graduate 

15 Education and Research Traineeship program to 

16 support projects that enable graduate education re17 lated to such activities. 

18 (2) CONSULTATION.—The Director shall con19 sult with the Secretary when preparing solicitations 

20 and awarding grants for projects described in para21 graph (1). 

22 (d) CURRICULUM DEVELOPMENT FOR HIGH PER23 FORMANCE BUILDING DESIGN.— 

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1 tion, and commercial application activities author2 ized for the Department of Energy related to high 

3 performance buildings, the Secretary may contribute 

4 funds to curriculum development activities at the 

5 National Science Foundation for the purpose of im6 proving undergraduate or graduate interdisciplinary 

7 engineering and architecture education related to the 

8 design and construction of high performance build9 ings, including development of curricula, of labora10 tory activities, of training practicums, or of design 

11 projects. A primary goal of curriculum development 

12 activities supported under this subsection shall be to 

13 improve the ability of engineers, architects, land14 scape architects, and planners to work together on 

15 the incorporation of advanced energy technologies 

16 during the design and construction of high perform17 ance buildings. 

18 (2) CONSULTATION.—The Director shall con19 sult with the Secretary when preparing solicitations 

20 and awarding grants for projects described in para21 graph (1). 

22 (3) PRIORITY.—In awarding grants with re23 spect to which the Secretary has contributed funds 

24 under this subsection, the Director shall give priority 

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1 ters of a school of engineering that are partnered 

2 with schools, departments, or programs of design, 

3 architecture, landscape architecture, and city, re4 gional, or urban planning. 

5 SEC. 305. SENSE OF CONGRESS. 

6 It is the Sense of Congress that— 

7 (1) in order to maintain our Nation’s competi8 tiveness, we must improve the quality of STEM edu9 cation in the Nation; 

10 (2) the incorporation of engineering education 

11 at the elementary and secondary levels has the po12 tential to improve student learning and achievement 

13 in science and mathematics, and to increase the 

14 technological literacy of all students; 

15 (3) formal and informal educational providers, 

16 including K–12 schools, should integrate engineering 

17 design principles into their curriculum; and 

18 (4) exposing elementary and secondary students 

19 to engineering education can expand students’ un20 derstanding of engineering and their awareness of 

21 career opportunities in these fields. 

22 SEC. 306. SENSE OF CONGRESS. 

23 For science, technology, engineering, and mathe24 matics (STEM) education programs or activities author25 ized under this Act or amendments made by this Act, it 


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1 is the sense of Congress that when more than 1 applicant 

2 is competing for the same grant and the applications from 

3 each applicant are considered equal in merit by the grant4 awarding authority, the grant-awarding authority shall 

5 give additional consideration to any of the following: 

6 (1) An applicant that has not previously re7 ceived funding. 

8 (2) An applicant that is an institution of higher 

9 education in a rural area. 

10 SEC. 307. NATIONAL ACADEMY OF SCIENCES REPORT ON 

11 STRENGTHENING THE CAPACITY OF 2-YEAR 

12 INSTITUTIONS OF HIGHER EDUCATION TO 

13 PROVIDE STEM OPPORTUNITIES. 

14 Not later than 6 months after the date of enactment 

15 of this Act, the Office of Science and Technology Policy 

16 shall enter into a contract with the National Academy of 

17 Sciences to carry out a study evaluating the role of 2-year 

18 institutions of higher education as STEM educators, in19 cluding in the preparation of students for direct entry into 

20 the STEM workforce and in preparation of students for 

21 transition into 4-year STEM degree programs, as well as 

22 the role of the Federal Government in helping 2-year insti23 tutions of higher education build their capacity to be effec24 tive STEM educators. At a minimum, the report shall in25 clude— 


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1 (1) an evaluation of the current capacity of 2- 

2 year institutions of higher education to be effective 

3 STEM educators, including in the preparation of 

4 students for direct entry into the STEM workforce 

5 and for transition into 4-year STEM degree pro6 grams; 

7 (2) a description of existing challenges to ex8 panding opportunities for 2-year institutions of high9 er education to provide and enhance STEM learning 

10 and provide STEM degrees that prepare students 

11 well for direct entry into the STEM workforce or for 

12 transition into 4-year degree programs; 

13 (3) identification and description of Federal 

14 programs that have successfully strengthened the ca15 pacity of 2-year institutions of higher education to 

16 provide and enhance STEM opportunities; 

17 (4) a recommendation or recommendations re18 garding how Federal agencies should set priorities 

19 for supporting STEM education at 2-year institu20 tions of higher education; 

21 (5) a recommendation or recommendations re22 garding ways Federal agencies can provide increased 

23 opportunities for 2-year institutions of higher edu24 cation to participate across their portfolios of STEM 

25 education and research programs, including— 


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1 (A) ways to engage 2-year institution of 

2 higher education faculty and students with re3 search experiences; 

4 (B) strategies for improving the cur5 riculum and teaching of developmental mathe6 matics given that many 2-year institutions of 

7 higher education provide remediation in mathe8 matics and other STEM coursework; and 

9 (C) enhancing the basic scientific labora10 tory infrastructure; and 

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

13 Federal programs in support of STEM education at 

14 2-year institutions of higher education. 

15 SEC. 308. ENCOURAGING FEDERAL SCIENTISTS AND ENGI16 NEERS TO PARTICIPATE IN STEM EDU17 CATION. 

18 Not later than 6 months after the date of enactment 

19 of this Act, the Director of the Office of Science and Tech20 nology Policy, in consultation with the Department of 

21 Education, shall develop a policy to— 

22 (1) increase volunteerism in STEM education 

23 activities by encouraging scientists and engineers 

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1 ing scientists and engineers of the federally funded 

2 research and development centers supported by 

3 those agencies, to volunteer in STEM education ac4 tivities, and by providing administrative support for 

5 such scientists and engineers to engage in such vol6 unteerism; and 

7 (2) support increased communication and part8 nerships between scientists and engineers from Fed9 eral science agencies conducting nonmilitary sci10 entific research and development, including scientists 

11 and engineers of the federally funded research and 

12 development centers supported by those agencies, 

13 and elementary and secondary schools and teachers 

14 through volunteerism in STEM education activities. 

15 TITLE IV—NATIONAL INSTITUTE 

16 OF STANDARDS AND TECH17 NOLOGY 

18 SEC. 401. SHORT TITLE. 

19 This title may be cited as the ‘‘National Institute of 

20 Standards and Technology Authorization Act of 2010’’. 

21 SEC. 402. AUTHORIZATION OF APPROPRIATIONS. 

22 (a) FISCAL YEAR 2011.— 

23 (1) IN GENERAL.—There are authorized to be 

24 appropriated to the Secretary of Commerce 


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1 $991,100,000 for the National Institute of Stand2 ards and Technology for fiscal year 2011. 

3 (2) SPECIFIC ALLOCATIONS.—Of the amount 

4 authorized under paragraph (1)— 

5 (A) $620,000,000 shall be authorized for 

6 scientific and technical research and services 

7 laboratory activities; 

8 (B) $125,000,000 shall be authorized for 

9 the construction and maintenance of facilities; 

10 and 

11 (C) $246,100,000 shall be authorized for 

12 industrial technology services activities, of 

13 which— 

14 (i) $95,000,000 shall be authorized 

15 for the Technology Innovation Program 

16 under section 28 of the National Institute 

17 of Standards and Technology Act (15 

18 U.S.C. 278n); 

19 (ii) $141,100,000 shall be authorized 

20 for the Manufacturing Extension Partner21 ship program under sections 25 and 26 of 

22 such Act (15 U.S.C. 278k and 278l); and 

23 (iii) $10,000,000 shall be authorized 

24 for the Malcolm Baldrige National Quality 

25 Award program under section 17 of the 


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1 Stevenson-Wydler Technology Innovation 

2 Act of 1980 (15 U.S.C. 3711a). 

3 (b) FISCAL YEAR 2012.— 

4 (1) IN GENERAL.—There are authorized to be 

5 appropriated to the Secretary of Commerce 

6 $992,400,000 for the National Institute of Stand7 ards and Technology for fiscal year 2012. 

8 (2) SPECIFIC ALLOCATIONS.—Of the amount 

9 authorized under paragraph (1)— 

10 (A) $657,200,000 shall be authorized for 

11 scientific and technical research and services 

12 laboratory activities; 

13 (B) $85,000,000 shall be authorized for 

14 the construction and maintenance of facilities; 

15 and 

16 (C) $250,200,000 shall be authorized for 

17 industrial technology services activities, of 

18 which— 

19 (i) $89,000,000 shall be authorized 

20 for the Technology Innovation Program 

21 under section 28 of the National Institute 

22 of Standards and Technology Act (15 

23 U.S.C. 278n); 

24 (ii) $150,900,000 shall be authorized 

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1 ship program under sections 25 and 26 of 

2 such Act (15 U.S.C. 278k and 278l); and 

3 (iii) $10,300,000 shall be authorized 

4 for the Malcolm Baldrige National Quality 

5 Award program under section 17 of the 

6 Stevenson-Wydler Technology Innovation 

7 Act of 1980 (15 U.S.C. 3711a). 

8 (c) FISCAL YEAR 2013.— 

9 (1) IN GENERAL.—There are authorized to be 

10 appropriated to the Secretary of Commerce 

11 $1,079,809,000 for the National Institute of Stand12 ards and Technology for fiscal year 2013. 

13 (2) SPECIFIC ALLOCATIONS.—Of the amount 

14 authorized under paragraph (1)— 

15 (A) $696,700,000 shall be authorized for 

16 scientific and technical research and services 

17 laboratory activities; 

18 (B) $122,000,000 shall be authorized for 

19 the construction and maintenance of facilities; 

20 and 

21 (C) $261,109,000 shall be authorized for 

22 industrial technology services activities, of 

23 which— 

24 (i) $89,000,000 shall be authorized 

25 for the Technology Innovation Program 


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1 under section 28 of the National Institute 

2 of Standards and Technology Act (15 

3 U.S.C. 278n); 

4 (ii) $161,500,000 shall be authorized 

5 for the Manufacturing Extension Partner6 ship program under sections 25 and 26 of 

7 such Act (15 U.S.C. 278k and 278l); and 

8 (iii) $10,609,000 shall be authorized 

9 for the Malcolm Baldrige National Quality 

10 Award program under section 17 of the 

11 Stevenson-Wydler Technology Innovation 

12 Act of 1980 (15 U.S.C. 3711a). 

13 (d) FISCAL YEAR 2014.— 

14 (1) IN GENERAL.—There are authorized to be 

15 appropriated to the Secretary of Commerce 

16 $1,126,227,000 for the National Institute of Stand17 ards and Technology for fiscal year 2014. 

18 (2) SPECIFIC ALLOCATIONS.—Of the amount 

19 authorized under paragraph (1)— 

20 (A) $738,500,000 shall be authorized for 

21 scientific and technical research and services 

22 laboratory activities; 

23 (B) $124,000,000 shall be authorized for 

24 the construction and maintenance of facilities; 

25 and 


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1 (C) $263,727,000 shall be authorized for 

2 industrial technology services activities, of 

3 which— 

4 (i) $80,000,000 shall be authorized 

5 for the Technology Innovation Program 

6 under section 28 of the National Institute 

7 of Standards and Technology Act (15 

8 U.S.C. 278n); 

9 (ii) $172,800,000 shall be authorized 

10 for the Manufacturing Extension Partner11 ship program under sections 25 and 26 of 

12 such Act (15 U.S.C. 278k and 278l); and 

13 (iii) $10,927,000 shall be authorized 

14 for the Malcolm Baldrige National Quality 

15 Award program under section 17 of the 

16 Stevenson-Wydler Technology Innovation 

17 Act of 1980 (15 U.S.C. 3711a). 

18 (e) FISCAL YEAR 2015.— 

19 (1) IN GENERAL.—There are authorized to be 

20 appropriated to the Secretary of Commerce 

21 $1,191,955,000 for the National Institute of Stand22 ards and Technology for fiscal year 2015. 

23 (2) SPECIFIC ALLOCATIONS.—Of the amount 

24 authorized under paragraph (1)— 


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1 (A) $782,800,000 shall be authorized for 

2 scientific and technical research and services 

3 laboratory activities; 

4 (B) $133,000,000 shall be authorized for 

5 the construction and maintenance of facilities; 

6 and 

7 (C) $276,155,000 shall be authorized for 

8 industrial technology services activities, of 

9 which— 

10 (i) $80,000,000 shall be authorized 

11 for the Technology Innovation Program 

12 under section 28 of the National Institute 

13 of Standards and Technology Act (15 

14 U.S.C. 278n); 

15 (ii) $184,900,000 shall be authorized 

16 for the Manufacturing Extension Partner17 ship program under sections 25 and 26 of 

18 such Act (15 U.S.C. 278k and 278l); and 

19 (iii) $11,255,000 shall be authorized 

20 for the Malcolm Baldrige National Quality 

21 Award program under section 17 of the 

22 Stevenson-Wydler Technology Innovation 

23 Act 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 In4 stitute of Standards and Technology Act is amended to 

5 read as follows: 

6 ‘‘SEC. 4. UNDER SECRETARY OF COMMERCE FOR STAND7 ARDS AND TECHNOLOGY. 

8 ‘‘(a) ESTABLISHMENT.—There shall be in the De9 partment of Commerce an Under Secretary of Commerce 

10 for Standards and Technology (in this section referred to 

11 as the ‘Under Secretary’). 

12 ‘‘(b) APPOINTMENT.—The Under Secretary shall be 

13 appointed by the President by and with the advice and 

14 consent of the Senate. 

15 ‘‘(c) COMPENSATION.—The Under Secretary shall be 

16 compensated at the rate in effect for level III of the Exec17 utive Schedule under section 5314 of title 5, United States 

18 Code. 

19 ‘‘(d) DUTIES.—The Under Secretary shall serve as 

20 the Director of the Institute and shall perform such duties 

21 as required of the Director by the Secretary under this 

22 Act 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 Author26 ization Act of 2010 shall also serve as the Under Secretary 


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1 until such time as a successor is appointed under sub2 section (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 

7 before the item ‘‘Associate Attorney General’’ 

8 the 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 

14 ‘‘Director, 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 

20 sixth sentences. 

21 SEC. 404. REORGANIZATION OF NIST LABORATORIES. 

22 (a) ORGANIZATION.—The Director shall reorganize 

23 the scientific and technical research and services labora24 tory 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 fre4 quency, electricity, temperature, force, and radiation 

5 by activities including fundamental research in 

6 measurement science, the provision of measurement 

7 services and standards, and the provision of testing 

8 facilities resources for use by the Federal Govern9 ment. 

10 (2) The Information Technology Laboratory, 

11 whose mission is to develop and disseminate stand12 ards, measurements, and testing capabilities for 

13 interoperability, security, usability, and reliability of 

14 information technologies, including cyber security 

15 standards and guidelines for Federal agencies, 

16 United States industry, and the public, through fun17 damental and applied research in computer science, 

18 mathematics, and statistics. 

19 (3) The Engineering Laboratory, whose mission 

20 is to develop and disseminate advanced manufac21 turing and construction technologies to the United 

22 States manufacturing and construction industries 

23 through activities including measurement science re24 search, performance metrics, tools for engineering 

25 applications, 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 

10 materials and biotechnology fields. 

11 (5) The Center for Nanoscale Science and 

12 Technology, a national shared-use facility for 

13 nanoscale fabrication and measurement, whose mis14 sion is to develop innovative nanoscale measurement 

15 and fabrication capabilities to support researchers 

16 from industry, institutions of higher education, the 

17 National Institute of Standards and Technology, and 

18 other Federal agencies in nanoscale technology from 

19 discovery to 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 research23 ers from industry, institutions of higher education, 

24 the National Institute of Standards and Technology, 

25 and other Federal agencies in support of materials 


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1 research, nondestructive evaluation, neutron imag2 ing, chemical analysis, neutron standards, dosimetry, 

3 and 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 reorga10 nization required under subsection (a), the Director 

11 may revise the organization of the scientific and 

12 technical research and services laboratory program. 

13 (2) REPORT TO CONGRESS.—Any revision to 

14 the organization of such program under paragraph 

15 (1) shall be submitted in a report to the Committee 

16 on Science and Technology of the House of Rep17 resentatives and the Committee on Commerce, 

18 Science, and Transportation of the Senate at least 

19 60 days before 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. 

24 272(b)) 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; 

12 and 

13 ‘‘(15) to convene Federal departments and 

14 agencies, as appropriate, to— 

15 ‘‘(A) coordinate and determine Federal 

16 Government positions on specific policy issues 

17 related to the development of international tech18 nical standards and conformity assessment-re19 lated activities; and 

20 ‘‘(B) coordinate Federal department and 

21 agency engagement in the development of inter22 national technical standards and conformity as23 sessment-related activities.’’. 

24 (b) REPORT.—The Director, in consultation with ap25 propriate Federal agencies, shall submit a report annually 


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1 to Congress addressing the Federal Government’s tech2 nical standards and conformity assessment-related activi3 ties. The report shall identify— 

4 (1) current and anticipated international stand5 ards and conformity assessment-related issues that 

6 have the potential to impact the competitiveness and 

7 innovation capabilities of the United States; 

8 (2) any action being taken by the Federal Gov9 ernment to address these issues and the Federal 

10 agency taking that action; and 

11 (3) any action that the Director is taking or 

12 will take to ensure effective Federal Government en13 gagement on technical standards and conformity as14 sessment-related issues, as appropriate, where the 

15 Federal Government is not effectively engaged. 

16 SEC. 406. MANUFACTURING EXTENSION PARTNERSHIP. 

17 (a) COMMUNITY COLLEGE SUPPORT.—Section 25(a) 

18 of the National Institute of Standards and Technology Act 

19 (15 U.S.C. 278k(a)) is amended— 

20 (1) in paragraph (4), by striking ‘‘and’’ after 

21 the semicolon; 

22 (2) in paragraph (5), by striking the period at 

23 the end and inserting ‘‘; and’’; and 

24 (3) by adding after paragraph (5) the following: 


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1 ‘‘(6) providing to community colleges informa2 tion about the job skills needed in small- and me3 dium-sized manufacturing businesses in the regions 

4 they serve.’’. 

5 (b) INNOVATIVE SERVICES INITIATIVE.—Section 25 

6 of such Act (15 U.S.C. 278k) is amended by adding at 

7 the end the following: 

8 ‘‘(g) INNOVATIVE SERVICES INITIATIVE.— 

9 ‘‘(1) ESTABLISHMENT.—The Director may es10 tablish, within the Centers program under this sec11 tion, an innovative services initiative to assist small12 and medium-sized manufacturers in— 

13 ‘‘(A) reducing their energy usage and envi14 ronmental waste to improve profitability; and 

15 ‘‘(B) accelerating the domestic commer16 cialization of new product technologies, includ17 ing components for renewable energy systems. 

18 ‘‘(2) MARKET DEMAND.—The Director may not 

19 undertake any activity to accelerate the domestic 

20 commercialization of a new product technology 

21 under this subsection unless an analysis of market 

22 demand for the new product technology has been 

23 conducted.’’. 


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1 (c) REPORTS.—Section 25 of such Act (15 U.S.C. 

2 278k) is further amended by adding after subsection (g), 

3 as added by subsection (b), the following: 

4 ‘‘(h) REPORTS.— 

5 ‘‘(1) IN GENERAL.—In submitting the 3-year 

6 programmatic planning document and annual up7 dates under section 23, the Director shall include an 

8 assessment of the Director’s governance of the pro9 gram established under this section. 

10 ‘‘(2) CRITERIA.—In conducting such assess11 ment, the Director shall use the criteria established 

12 pursuant to the Malcolm Baldrige National Quality 

13 Award under section 17(d)(1)(C) of the Stevenson14 Wydler Technology Innovation Act of 1980 (15 

15 U.S.C. 3711a(d)(1)(C)).’’. 

16 (d) HOLLINGS MANUFACTURING EXTENSION PART17 NERSHIP PROGRAM COST-SHARING.—Section 25(c) of 

18 such Act (15 U.S.C. 278k(c)) is amended by adding at 

19 the end the following: 

20 ‘‘(7) Notwithstanding paragraphs (1), (3), and 

21 (5), for fiscal year 2011 through fiscal year 2015, 

22 the Secretary may not provide to a Center more 

23 than 50 percent of the costs incurred by such Center 

24 and may not require that a Center’s cost share ex25 ceed 50 percent. 


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1 ‘‘(8) Not later than 4 years after the date of 

2 enactment of the National Institute of Standards 

3 and Technology Authorization Act of 2010, the Sec4 retary shall submit to Congress a report on the cost 

5 share requirements under the program. The report 

6 shall— 

7 ‘‘(A) discuss various cost share structures, 

8 including the cost share structure in place prior 

9 to such date of enactment and the cost share 

10 structure in place under paragraph (7), and the 

11 effect of such cost share structures on indi12 vidual Centers and the overall program; and 

13 ‘‘(B) include a recommendation for how 

14 best to structure the cost share requirement 

15 after fiscal year 2015 to provide for the long16 term sustainability of the program.’’. 

17 (e) ADVISORY BOARD.—Section 25(e)(4) of such Act 

18 (15 U.S.C. 278k(e)(4)) is amended to read as follows: 

19 ‘‘(4) FEDERAL ADVISORY COMMITTEE ACT AP20 PLICABILITY.— 

21 ‘‘(A) IN GENERAL.—In discharging its du22 ties under this subsection, the MEP Advisory 

23 Board shall function solely in an advisory ca24 pacity, in accordance with the Federal Advisory 

25 Committee Act. 


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1 ‘‘(B) EXCEPTION.—Section 14 of the Fed2 eral Advisory Committee Act shall not apply to 

3 the MEP Advisory Board.’’. 

4 (f) DEFINITIONS.—Section 25 of such Act (15 U.S.C. 

5 278k) is further amended by adding after subsection (h), 

6 as added by subsection (c), the following: 

7 ‘‘(i) DEFINITION.—In this section, the term ‘commu8 nity college’ means an institution of higher education (as 

9 defined under section 101(a) of the Higher Education Act 

10 of 1965 (20 U.S.C. 1001(a))) at which the highest degree 

11 that is predominately awarded to students is an associate’s 

12 degree.’’. 

13 (g) EVALUATION OF OBSTACLES UNIQUE TO SMALL

14 MANUFACTURERS.—Section 25 of such Act (15 U.S.C. 

15 278k) is further amended by adding after subsection (i), 

16 as added by subsection (f), the following: 

17 ‘‘(j) EVALUATION OF OBSTACLES UNIQUE TO SMALL

18 MANUFACTURERS.—The Director shall— 

19 ‘‘(1) evaluate obstacles that are unique to small 

20 manufacturers that prevent such manufacturers 

21 from effectively competing in the global market; 

22 ‘‘(2) implement a comprehensive plan to train 

23 the Centers to address such obstacles; and 

24 ‘‘(3) facilitate improved communication between 

25 the Centers to assist such manufacturers in impleVerDate Mar 15 2010 01:35 Jun 30, 2010 Jkt 089200 PO 00000 Frm 00181 Fmt 6652 Sfmt 6201 E:\BILLS\H5116.RFS H5116

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1 menting appropriate, targeted solutions to such ob2 stacles.’’. 

3 SEC. 407. EMERGENCY COMMUNICATION AND TRACKING 

4 TECHNOLOGIES RESEARCH INITIATIVE. 

5 (a) ESTABLISHMENT.—The Director shall establish a 

6 research initiative to support the development of emer7 gency communication and tracking technologies for use in 

8 locating trapped individuals in confined spaces, such as 

9 underground mines, and other shielded environments, 

10 such as high-rise buildings or collapsed structures, where 

11 conventional radio communication is limited. 

12 (b) ACTIVITIES.—In order to carry out this section, 

13 the Director shall work with the private sector and appro14 priate Federal agencies to— 

15 (1) perform a needs assessment to identify and 

16 evaluate the measurement, technical standards, and 

17 conformity assessment needs required to improve the 

18 operation and reliability of such emergency commu19 nication and tracking technologies; 

20 (2) support the development of technical stand21 ards and conformance architecture to improve the 

22 operation and reliability of such emergency commu23 nication and tracking technologies; and 


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1 (3) incorporate and build upon existing reports 

2 and studies on improving emergency communica3 tions. 

4 (c) REPORT.—Not later than 18 months after the 

5 date of enactment of this Act, the Director shall submit 

6 to Congress and make publicly available a report describ7 ing the assessment performed under subsection (b)(1) and 

8 making recommendations about research priorities to ad9 dress gaps in the measurement, technical standards, and 

10 conformity assessment needs identified by such assess11 ment. 

12 SEC. 408. TIP ADVISORY BOARD. 

13 Section 28(k)(4) of the National Institute of Stand14 ards and Technology Act (15 U.S.C. 278n(k)(4)) is 

15 amended to read as follows: 

16 ‘‘(4) FEDERAL ADVISORY COMMITTEE ACT AP17 PLICABILITY.— 

18 ‘‘(A) IN GENERAL.—In discharging its du19 ties under this subsection, the TIP Advisory 

20 Board shall function solely in an advisory ca21 pacity, in accordance with the Federal Advisory 

22 Committee Act. 

23 ‘‘(B) EXCEPTION.—Section 14 of the Fed24 eral Advisory Committee Act shall not apply to 

25 the TIP Advisory Board.’’. 


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1 SEC. 409. UNDERREPRESENTED MINORITIES. 

2 (a) RESEARCH FELLOWSHIPS.—Section 18 of the 

3 National Institute of Standards and Technology Act (15 

4 U.S.C. 278g–1) is amended by adding at the end the fol5 lowing: 

6 ‘‘(c) UNDERREPRESENTED MINORITIES.—In evalu7 ating applications for fellowships under this section, the 

8 Director shall give consideration to the goal of promoting 

9 the participation of underrepresented minorities in re10 search areas supported by the Institute.’’. 

11 (b) POSTDOCTORAL FELLOWSHIP PROGRAM.—Sec12 tion 19 of such Act (15 U.S.C. 278g–2) is amended by 

13 adding at the end the following: ‘‘In evaluating applica14 tions for fellowships under this section, the Director shall 

15 give consideration to the goal of promoting the participa16 tion of underrepresented minorities in research areas sup17 ported by the Institute.’’. 

18 (c) TEACHER DEVELOPMENT.—Section 19A(c) of 

19 such Act (15 U.S.C. 278g–2a(c)) is amended by adding 

20 at the end the following: ‘‘The Director shall give special 

21 consideration to an application from a teacher from a 

22 high-need school, as defined in section 200 of the Higher 

23 Education Act of 1965 (20 U.S.C. 1021).’’. 

24 SEC. 410. CYBER SECURITY STANDARDS AND GUIDELINES. 

25 Cyber security standards and guidelines developed by 

26 the National Institute of Standards and Technology for 


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1 use by United States industry and the public shall be vol2 untary. 

3 SEC. 411. NANOMATERIAL INITIATIVE. 

4 The Director shall carry out a nanomaterial research 

5 initiative to— 

6 (1) develop reference materials for nanomate7 rials and derived products to be used in 

8 benchmarking toxicity, calibrating instruments, and 

9 facilitating laboratory comparisons; 

10 (2) assist in the development of international 

11 documentary standards relating to nanomaterials; 

12 (3) develop instruments and measurement 

13 methods to determine the physical and chemical 

14 properties of nanomaterials; and 

15 (4) gather and develop data to support the cor16 relation of physical and chemical properties of nano17 materials to any environmental, safety, or other 

18 risks. 

19 SEC. 412. DISASTER RESILIENT BUILDINGS AND INFRA20 STRUCTURE. 

21 (a) ESTABLISHMENT.—The Director shall carry out 

22 a disaster resilient buildings and infrastructure program. 

23 (b) REAL-SCALE STRUCTURES.—As part of the pro24 gram, the Director shall— 


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1 (1) develop the capability to test real-scale 

2 structures under realistic fire and structural loading 

3 conditions; and 

4 (2) assist in the validation of predictive models 

5 by developing a database on the performance of 

6 large-scale structures under realistic fire and struc7 tural loading conditions. 

8 (c) DATABASE.—As part of the program, the Direc9 tor shall develop a database on the performance of the 

10 built environment during natural and man-made hazard 

11 events. 

12 SEC. 413. REPORT ON THE USE OF MODELING AND SIMULA13 TION. 

14 (a) IN GENERAL.—Within 1 year after the date of 

15 enactment of this Act, the Director shall submit a report 

16 to Congress examining the use of high-performance com17 putational modeling and simulation by small- and me18 dium-sized manufacturers. 

19 (b) SPECIFIC REQUIREMENTS.—Such report shall in20 clude the following: 

21 (1) An assessment of the current utilization of 

22 high-performance computational modeling and sim23 ulation by small- and medium-sized manufacturers. 

24 (2) An examination of any barriers or chal25 lenges to the use of high-performance computational 


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1 modeling and simulation by small- and medium-sized 

2 manufacturers, including— 

3 (A) access to high-performance computing 

4 facilities and resources; 

5 (B) the availability of software and other 

6 applications tailored to meet the needs of such 

7 manufacturers; 

8 (C) appropriate expertise and training; and 

9 (D) the availability of tools and other 

10 methods to understand and manage the costs 

11 and risks associated with transitioning to the 

12 use of computational modeling and simulation. 

13 (3) Recommendations for addressing any bar14 riers or challenges identified in paragraph (2) and, 

15 if appropriate, suggestions for action that the Fed16 eral Government may take to foster the development 

17 and utilization of high-performance computing re18 sources by small- and medium-sized manufacturers. 

19 (c) CONSULTATION.—In carrying out this section, the 

20 Director shall consult with the Office of Science and Tech21 nology Policy and with other relevant Federal agencies. 

22 SEC. 414. GREEN MANUFACTURING AND CONSTRUCTION. 

23 The Director shall carry out a green manufacturing 

24 and construction initiative to— 


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1 (1) develop accurate sustainability metrics and 

2 practices for use in manufacturing; 

3 (2) advance the development of standards and 

4 the creation of an information infrastructure to com5 municate sustainability information about suppliers; 

6 and 

7 (3) improve energy performance, service life, 

8 and indoor air quality of new and retrofitted build9 ings through validated measurement data. 

10 SEC. 415. MANUFACTURING RESEARCH. 

11 (a) IN GENERAL.—The Director shall carry out a 

12 program to support transformational manufacturing re13 search. 

14 (b) ACTIVITIES.—As part of such program, the Di15 rector shall— 

16 (1) develop and disseminate measurement tools 

17 and capabilities for new additive manufacturing and 

18 robotics technologies and methods; 

19 (2) establish new techniques and methods to ef20 ficiently generate and assemble products integrating 

21 nanoscale materials and devices; and 

22 (3) carry out other research with significant 

23 transformational potential for manufacturing. 

24 SEC. 416. DEFINITIONS. 

25 In this title: 


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

2 the Director of the National Institute of Standards 

3 and Technology. 

4 (2) FEDERAL AGENCY.—The term ‘‘Federal 

5 agency’’ has the meaning given such term in section 

6 4 of the Stevenson-Wydler Technology Innovation 

7 Act of 1980 (15 U.S.C. 3703). 

8 TITLE V—INNOVATION 

9 SEC. 501. OFFICE OF INNOVATION AND ENTREPRENEUR10 SHIP. 

11 The Stevenson-Wydler Technology Innovation Act of 

12 1980 (15 U.S.C. 3701 et seq.) is amended by adding at 

13 the end the following new section: 

14 ‘‘SEC. 24. OFFICE OF INNOVATION AND ENTREPRENEUR15 SHIP. 

16 ‘‘(a) IN GENERAL.—The Secretary shall establish an 

17 Office of Innovation and Entrepreneurship to foster inno18 vation and the commercialization of new technologies, 

19 products, processes, and services with the goal of pro20 moting productivity and economic growth in the United 

21 States. 

22 ‘‘(b) DUTIES.—The Office of Innovation and Entre23 preneurship shall be responsible for— 

24 ‘‘(1) developing policies to accelerate innovation 

25 and advance the commercialization of research and 


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1 development, including federally funded research and 

2 development; 

3 ‘‘(2) identifying existing barriers to innovation 

4 and commercialization, including access to capital 

5 and other resources, and ways to overcome those 

6 barriers; 

7 ‘‘(3) providing access to relevant data, research, 

8 and technical assistance on innovation and commer9 cialization; 

10 ‘‘(4) strengthening collaboration on and coordi11 nation of policies relating to innovation and commer12 cialization, including those focused on the needs of 

13 small businesses and rural communities, within the 

14 Department of Commerce and between the Depart15 ment of Commerce and other Federal agencies, as 

16 appropriate; and 

17 ‘‘(5) any other duties as determined by the Sec18 retary. 

19 ‘‘(c) ADVISORY COMMITTEE.—The Secretary shall es20 tablish an Advisory Council on Innovation and Entrepre21 neurship to provide advice to the Secretary on carrying 

22 out subsection (b).’’. 


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1 SEC. 502. FEDERAL LOAN GUARANTEES FOR INNOVATIVE 

2 TECHNOLOGIES IN MANUFACTURING. 

3 The Stevenson-Wydler Technology Innovation Act of 

4 1980 (15 U.S.C. 3701 et seq.) is further amended by add5 ing after section 24, as added by section 501 of this title, 

6 the following new section: 

7 ‘‘SEC. 25. FEDERAL LOAN GUARANTEES FOR INNOVATIVE 

8 TECHNOLOGIES IN MANUFACTURING. 

9 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab10 lish a program to provide loan guarantees for obligations 

11 to small- or medium-sized manufacturers for the use or 

12 production of innovative technologies. 

13 ‘‘(b) ELIGIBLE PROJECTS.—A loan guarantee may be 

14 made under such program only for a project that reequips, 

15 expands, or establishes a manufacturing facility in the 

16 United States to— 

17 ‘‘(1) use an innovative technology or an innova18 tive process in manufacturing; or 

19 ‘‘(2) manufacture an innovative technology 

20 product or an integral component of such product. 

21 ‘‘(c) ELIGIBLE BORROWER.—A loan guarantee may 

22 be made under such program only for a borrower who is 

23 a small- or medium-sized manufacturer, as determined by 

24 the Secretary under the criteria established pursuant to 

25 subsection (m). 


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1 ‘‘(d) LIMITATION ON AMOUNT.—A loan guarantee 

2 shall not exceed an amount equal to 80 percent of the obli3 gation, as estimated at the time at which the loan guar4 antee is issued. 

5 ‘‘(e) LIMITATIONS ON LOAN GUARANTEE.—No loan 

6 guarantee shall be made unless the Secretary determines 

7 that— 

8 ‘‘(1) there is a reasonable prospect of repay9 ment of the principal and interest on the obligation 

10 by the borrower; 

11 ‘‘(2) the amount of the obligation (when com12 bined with amounts available to the borrower from 

13 other sources) is sufficient to carry out the project; 

14 ‘‘(3) the obligation is not subordinate to other 

15 financing; 

16 ‘‘(4) the obligation bears interest at a rate that 

17 does not exceed a level that the Secretary determines 

18 appropriate, taking into account the prevailing rate 

19 of interest in the private sector for similar loans and 

20 risks; and 

21 ‘‘(5) the term of an obligation requires full re22 payment over a period not to exceed the lesser of— 

23 ‘‘(A) 30 years; or 


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1 ‘‘(B) 90 percent of the projected useful 

2 life, as determined by the Secretary, of the 

3 physical asset to be financed by the obligation. 

4 ‘‘(f) DEFAULTS.— 

5 ‘‘(1) PAYMENT BY SECRETARY.— 

6 ‘‘(A) IN GENERAL.—If a borrower defaults 

7 (as defined in regulations promulgated by the 

8 Secretary and specified in the loan guarantee) 

9 on the obligation, the holder of the loan guar10 antee shall have the right to demand payment 

11 of the unpaid amount from the Secretary. 

12 ‘‘(B) PAYMENT REQUIRED.—Within such 

13 period as may be specified in the loan guar14 antee or related agreements, the Secretary shall 

15 pay to the holder of the loan guarantee the un16 paid interest on and unpaid principal of the ob17 ligation as to which the borrower has defaulted, 

18 unless the Secretary finds that there was no de19 fault by the borrower in the payment of interest 

20 or principal or that the default has been rem21 edied. 

22 ‘‘(C) FORBEARANCE.—Nothing in this sub23 section precludes any forbearance by the holder 

24 of the obligation for the benefit of the borrower 


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1 which may be agreed upon by the parties to the 

2 obligation and approved by the Secretary. 

3 ‘‘(2) SUBROGATION.— 

4 ‘‘(A) IN GENERAL.—If the Secretary 

5 makes a payment under paragraph (1), the Sec6 retary shall be subrogated to the rights, as 

7 specified in the loan guarantee, of the recipient 

8 of the payment or related agreements including, 

9 if appropriate, the authority (notwithstanding 

10 any other provision of law) to— 

11 ‘‘(i) complete, maintain, operate, 

12 lease, or otherwise dispose of any property 

13 acquired pursuant to such loan guarantee 

14 or related agreement; or 

15 ‘‘(ii) permit the borrower, pursuant to 

16 an agreement with the Secretary, to con17 tinue to pursue the purposes of the project 

18 if the Secretary determines that such an 

19 agreement is in the public interest. 

20 ‘‘(B) SUPERIORITY OF RIGHTS.—The 

21 rights of the Secretary, with respect to any 

22 property acquired pursuant to a loan guarantee 

23 or related agreements, shall be superior to the 

24 rights of any other person with respect to the 

25 property. 


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1 ‘‘(3) NOTIFICATION.—If the borrower defaults 

2 on an obligation, the Secretary shall notify the At3 torney General of the default. 

4 ‘‘(g) PAYMENT OF PRINCIPAL AND INTEREST BY

5 SECRETARY.—With respect to any obligation guaranteed 

6 under this section, the Secretary may enter into a contract 

7 to pay, and pay, holders of the obligation for and on behalf 

8 of the borrower from funds appropriated for that purpose 

9 the principal and interest payments that become due and 

10 payable on the unpaid balance of the obligation if the Sec11 retary finds that— 

12 ‘‘(1)(A) the borrower is unable to make the 

13 payments and is not in default; 

14 ‘‘(B) it is in the public interest to permit the 

15 borrower to continue to pursue the project; and 

16 ‘‘(C) the probable net benefit to the Federal 

17 Government in paying the principal and interest will 

18 be greater than that which would result in the event 

19 of a default; 

20 ‘‘(2) the amount of the payment that the Sec21 retary is authorized to pay shall be no greater than 

22 the amount of principal and interest that the bor23 rower is obligated to pay under the obligation being 

24 guaranteed; and 


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1 ‘‘(3) the borrower agrees to reimburse the Sec2 retary for the payment (including interest) on terms 

3 and conditions that are satisfactory to the Secretary. 

4 ‘‘(h) TERMS AND CONDITIONS.—A loan guarantee 

5 under this section shall include such detailed terms and 

6 conditions as the Secretary determines appropriate to— 

7 ‘‘(1) protect the interests of the United States 

8 in the case of default; and 

9 ‘‘(2) have available all the patents and tech10 nology necessary for any person selected, including 

11 the Secretary, to complete and operate the project. 

12 ‘‘(i) CONSULTATION.—In establishing the terms and 

13 conditions of a loan guarantee under this section, the Sec14 retary shall consult with the Secretary of the Treasury. 

15 ‘‘(j) FEES.— 

16 ‘‘(1) IN GENERAL.—The Secretary shall charge 

17 and collect fees for loan guarantees in amounts the 

18 Secretary determines are sufficient to cover applica19 ble administrative expenses. 

20 ‘‘(2) AVAILABILITY.—Fees collected under this 

21 subsection shall— 

22 ‘‘(A) be deposited by the Secretary into the 

23 Treasury of the United States; and 


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1 ‘‘(B) remain available until expended, sub2 ject to such other conditions as are contained in 

3 annual appropriations Acts. 

4 ‘‘(3) LIMITATION.—In charging and collecting 

5 fees under paragraph (1), the Secretary shall take 

6 into consideration the amount of the obligation. 

7 ‘‘(k) RECORDS.— 

8 ‘‘(1) IN GENERAL.—With respect to a loan 

9 guarantee under this section, the borrower, the lend10 er, and any other appropriate party shall keep such 

11 records and other pertinent documents as the Sec12 retary shall prescribe by regulation, including such 

13 records as the Secretary may require to facilitate an 

14 effective audit. 

15 ‘‘(2) ACCESS.—The Secretary and the Comp16 troller General of the United States, or their duly 

17 authorized representatives, shall have access to 

18 records and other pertinent documents for the pur19 pose of conducting an audit. 

20 ‘‘(l) FULL FAITH AND CREDIT.—The full faith and 

21 credit of the United States is pledged to the payment of 

22 all loan guarantees issued under this section with respect 

23 to principal and interest. 


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1 ‘‘(m) REGULATIONS.—The Secretary shall issue final 

2 regulations before making any loan guarantees under the 

3 program. Such regulations shall include— 

4 ‘‘(1) criteria that the Secretary shall use to de5 termine eligibility for loan guarantees under this sec6 tion, including— 

7 ‘‘(A) whether a borrower is a small- or me8 dium-sized manufacturer; and 

9 ‘‘(B) whether a borrower demonstrates 

10 that a market exists for the innovative tech11 nology product, or the integral component of 

12 such product, to be manufactured, as evidenced 

13 by written statements of interest from potential 

14 purchasers; 

15 ‘‘(2) criteria that the Secretary shall use to de16 termine the amount of any fees charged under sub17 section (j), including criteria related to the amount 

18 of the obligation; 

19 ‘‘(3) policies and procedures for selecting and 

20 monitoring lenders and loan performance; and 

21 ‘‘(4) any other policies, procedures, or informa22 tion necessary to implement this section. 

23 ‘‘(n) AUDIT.— 

24 ‘‘(1) ANNUAL INDEPENDENT AUDITS.—The 

25 Secretary shall enter into an arrangement with an 


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1 independent auditor for annual evaluations of the 

2 program under this section. 

3 ‘‘(2) COMPTROLLER GENERAL REVIEW.—The 

4 Comptroller General of the United States shall con5 duct a biennial review of the Secretary’s execution of 

6 the program under this section. 

7 ‘‘(3) REPORT.—The results of the independent 

8 audit under paragraph (1) and the Comptroller Gen9 eral’s review under paragraph (2) shall be provided 

10 directly to the Committee on Science and Tech11 nology of the House of Representatives and the 

12 Committee on Commerce, Science, and Transpor13 tation of the Senate. 

14 ‘‘(o) REPORT TO CONGRESS.—Concurrent with the 

15 submission to Congress of the President’s annual budget 

16 request in each year after the date of enactment of this 

17 section, the Secretary shall transmit to the Committee on 

18 Science and Technology of the House of Representatives 

19 and the Committee on Commerce, Science, and Transpor20 tation of the Senate a report containing a summary of 

21 all activities carried out under this section. 

22 ‘‘(p) COORDINATION AND NONDUPLICATION.—To 

23 the maximum extent practicable, the Secretary shall en24 sure that the activities carried out under this section are 


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1 coordinated with, and do not duplicate the efforts of, other 

2 loan guarantee programs within the Federal Government. 

3 ‘‘(q) MEP CENTERS.—The Secretary may use cen4 ters established under section 25 of the National Institute 

5 of Standards and Technology Act (15 U.S.C. 278k) to 

6 provide information about the program established under 

7 this section and to conduct outreach to potential bor8 rowers, as appropriate. 

9 ‘‘(r) MINIMIZING RISK.—The Secretary shall promul10 gate regulations and policies to carry out this section in 

11 accordance with Office of Management and Budget Cir12 cular No. A–129, entitled ‘Policies for Federal Credit Pro13 grams and Non-Tax Receivables’, as in effect on the date 

14 of enactment of this section. 

15 ‘‘(s) SENSE OF CONGRESS.—It is the sense of Con16 gress that no loan guarantee shall be made under this sec17 tion unless the borrower agrees to use a federally-approved 

18 electronic employment eligibility verification system to 

19 verify the employment eligibility of— 

20 ‘‘(1) all persons hired during the contract term 

21 by the borrower to perform employment duties with22 in the United States; and 

23 ‘‘(2) all persons assigned by the borrower to 

24 perform work within the United States on the 

25 project. 


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1 ‘‘(t) DEFINITIONS.—In this section: 

2 ‘‘(1) COST.—The term ‘cost’ has the meaning 

3 given such term under section 502 of the Federal 

4 Credit Reform Act of 1990 (2 U.S.C. 661a). 

5 ‘‘(2) INNOVATIVE PROCESS.—The term ‘innova6 tive process’ means a process that is significantly 

7 improved as compared to the process in general use 

8 in the commercial marketplace in the United States 

9 at the time the loan guarantee is issued. 

10 ‘‘(3) INNOVATIVE TECHNOLOGY.—The term ‘in11 novative technology’ means a technology that is sig12 nificantly improved as compared to the technology in 

13 general use in the commercial marketplace in the 

14 United States at the time the loan guarantee is 

15 issued. 

16 ‘‘(4) LOAN GUARANTEE.—The term ‘loan guar17 antee’ has the meaning given such term in section 

18 502 of the Federal Credit Reform Act of 1990 (2 

19 U.S.C. 661a). The term includes a loan guarantee 

20 commitment (as defined in section 502 of such Act 

21 (2 U.S.C. 661a)). 

22 ‘‘(5) OBLIGATION.—The term ‘obligation’ 

23 means the loan or other debt obligation that is guar24 anteed under this section. 


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1 ‘‘(6) PROGRAM.—The term ‘program’ means 

2 the loan guarantee program established in sub3 section (a). 

4 ‘‘(u) AUTHORIZATION OF APPROPRIATIONS.— 

5 ‘‘(1) COST OF LOAN GUARANTEES.—There are 

6 authorized to be appropriated $100,000,000 for each 

7 of fiscal years 2011 through 2015 to provide the 

8 cost of loan guarantees under this section. 

9 ‘‘(2) PRINCIPAL AND INTEREST.—There are au10 thorized to be appropriated such sums as are nec11 essary to carry out subsection (g).’’. 

12 SEC. 503. REGIONAL INNOVATION PROGRAM. 

13 The Stevenson-Wydler Technology Innovation Act of 

14 1980 (15 U.S.C. 3701 et seq.) is further amended by add15 ing after section 25, as added by section 502 of this title, 

16 the following new section: 

17 ‘‘SEC. 26. REGIONAL INNOVATION PROGRAM. 

18 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab19 lish a regional innovation program to encourage and sup20 port the development of regional innovation strategies, in21 cluding regional innovation clusters. 

22 ‘‘(b) REGIONAL INNOVATION CLUSTER GRANTS.— 

23 ‘‘(1) IN GENERAL.—As part of the program es24 tablished under subsection (a), the Secretary may 

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1 cipients for activities relating to the formation and 

2 development of regional innovation clusters. 

3 ‘‘(2) PERMISSIBLE ACTIVITIES.—Grants award4 ed under this subsection may be used for activities 

5 determined appropriate by the Secretary, including 

6 the following: 

7 ‘‘(A) Feasibility studies. 

8 ‘‘(B) Planning activities. 

9 ‘‘(C) Technical assistance. 

10 ‘‘(D) Developing or strengthening commu11 nication and collaboration between and among 

12 participants of a regional innovation cluster. 

13 ‘‘(E) Attracting additional participants to 

14 a regional innovation cluster. 

15 ‘‘(F) Facilitating market development of 

16 products and services developed by a regional 

17 innovation cluster, including through dem18 onstration, deployment, technology transfer, 

19 and commercialization activities. 

20 ‘‘(G) Developing relationships between a 

21 regional innovation cluster and entities or clus22 ters in other regions. 

23 ‘‘(H) Interacting with the public and State 

24 and local governments to meet the goals of the 

25 cluster. 


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1 ‘‘(3) ELIGIBLE RECIPIENT.—For purposes of 

2 this subsection, the term ‘eligible recipient’ means 

3 any of 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, a science park, a Federal 

12 laboratory, or an economic development or13 ganization or similar entity; and 

14 ‘‘(ii) has an application that is sup15 ported by a State or a political subdivision 

16 of a State. 

17 ‘‘(E) A consortium of any of the entities 

18 listed in subparagraphs (A) through (D). 

19 ‘‘(4) APPLICATION.— 

20 ‘‘(A) IN GENERAL.—An eligible recipient 

21 shall submit an application to the Secretary at 

22 such time, in such manner, and containing such 

23 information and assurances as the Secretary 

24 may require. 


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1 ‘‘(B) COMPONENTS.—The application shall 

2 include, at a minimum, a description of the re3 gional innovation cluster supported by the pro4 posed activity, including a description of the fol5 lowing: 

6 ‘‘(i) Whether the regional innovation 

7 cluster is supported by the private sector, 

8 State and local governments, and other rel9 evant stakeholders. 

10 ‘‘(ii) How the existing participants in 

11 the regional innovation cluster will encour12 age and solicit participation by all types of 

13 entities that might benefit from participa14 tion, including newly formed entities and 

15 those rival to existing participants. 

16 ‘‘(iii) The extent to which the regional 

17 innovation cluster is likely to stimulate in18 novation and have a positive impact on re19 gional economic growth and development. 

20 ‘‘(iv) Whether the participants in the 

21 regional innovation cluster have access to, 

22 or contribute to, a well-trained workforce. 

23 ‘‘(v) Whether the participants in the 

24 regional innovation cluster are capable of 


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1 attracting additional funds from non-Fed2 eral sources. 

3 ‘‘(vi) The likelihood that the partici4 pants in the regional innovation cluster will 

5 be able to sustain activities once grant 

6 funds under this subsection have been ex7 pended. 

8 ‘‘(C) SPECIAL CONSIDERATION.—The Sec9 retary shall give special consideration to appli10 cations from regions that contain communities 

11 negatively impacted by trade. 

12 ‘‘(5) SPECIAL CONSIDERATION.—The Secretary 

13 shall give special consideration to an eligible recipi14 ent who agrees to collaborate with local workforce 

15 investment area boards. 

16 ‘‘(6) COST SHARE.—The Secretary may not 

17 provide more than 50 percent of the total cost of 

18 any activity funded under this subsection. 

19 ‘‘(7) USE AND APPLICATION OF RESEARCH AND

20 INFORMATION PROGRAM.—To the maximum extent 

21 practicable, the Secretary shall ensure that activities 

22 funded under this subsection use and apply any rel23 evant research, best practices, and metrics developed 

24 under the program established in subsection (c). 


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1 ‘‘(c) REGIONAL INNOVATION RESEARCH AND INFOR2 MATION PROGRAM.— 

3 ‘‘(1) IN GENERAL.—As part of the program es4 tablished under subsection (a), the Secretary shall 

5 establish a regional innovation research and infor6 mation program to— 

7 ‘‘(A) gather, analyze, and disseminate in8 formation on best practices for regional innova9 tion strategies (including regional innovation 

10 clusters), including information relating to how 

11 innovation, productivity, and economic develop12 ment can be maximized through such strategies; 

13 ‘‘(B) provide technical assistance, including 

14 through the development of technical assistance 

15 guides, for the development and implementation 

16 of regional innovation strategies (including re17 gional innovation clusters); 

18 ‘‘(C) support the development of relevant 

19 metrics and measurement standards to evaluate 

20 regional innovation strategies (including re21 gional innovation clusters), including the extent 

22 to which such strategies stimulate innovation, 

23 productivity, and economic development; and 


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1 ‘‘(D) collect and make available data on re2 gional innovation cluster activity in the United 

3 States, including data on— 

4 ‘‘(i) the size, specialization, and com5 petitiveness of regional innovation clusters; 

6 ‘‘(ii) the regional domestic product 

7 contribution, total jobs and earnings by 

8 key occupations, establishment size, nature 

9 of specialization, patents, Federal research 

10 and development spending, and other rel11 evant information for regional innovation 

12 clusters; and 

13 ‘‘(iii) supply chain product and service 

14 flows within and between regional innova15 tion clusters. 

16 ‘‘(2) RESEARCH GRANTS.—The Secretary may 

17 award research grants on a competitive basis to sup18 port and further the goals of the program estab19 lished under this subsection. 

20 ‘‘(3) DISSEMINATION OF INFORMATION.—Data 

21 and analysis compiled by the Secretary under the 

22 program established in this subsection shall be made 

23 available to other Federal agencies, State and local 

24 governments, and nonprofit and for-profit entities. 


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1 ‘‘(4) CLUSTER GRANT PROGRAM.—The Sec2 retary shall incorporate data and analysis relating to 

3 any regional innovation cluster supported by a grant 

4 under subsection (b) into the program established 

5 under this subsection. 

6 ‘‘(d) INTERAGENCY COORDINATION.— 

7 ‘‘(1) IN GENERAL.—To the maximum extent 

8 practicable, the Secretary shall ensure that the ac9 tivities carried out under this section are coordinated 

10 with, and do not duplicate the efforts of, other pro11 grams at the Department of Commerce or other 

12 Federal agencies. 

13 ‘‘(2) COLLABORATION.— 

14 ‘‘(A) IN GENERAL.—The Secretary shall 

15 explore and pursue collaboration with other 

16 Federal agencies, including through multi17 agency funding opportunities, on regional inno18 vation strategies. 

19 ‘‘(B) SMALL BUSINESSES.—The Secretary 

20 shall ensure that such collaboration with Fed21 eral agencies prioritizes the needs and chal22 lenges of small businesses. 

23 ‘‘(e) EVALUATION.— 

24 ‘‘(1) IN GENERAL.—Not later than 4 years 

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1 retary shall enter into a contract with an inde2 pendent entity, such as the National Academy of 

3 Sciences, to conduct an evaluation of the program 

4 established under subsection (a). 

5 ‘‘(2) REQUIREMENTS.—The evaluation shall in6 clude— 

7 ‘‘(A) whether such program is achieving its 

8 goals; 

9 ‘‘(B) any recommendations for how such 

10 program may be improved; and 

11 ‘‘(C) a recommendation as to whether such 

12 program should be continued or terminated. 

13 ‘‘(f) DEFINITIONS.—In this section: 

14 ‘‘(1) REGIONAL INNOVATION CLUSTER.—The 

15 term ‘regional innovation cluster’ means a geo16 graphically bounded network of similar, synergistic, 

17 or complementary entities that— 

18 ‘‘(A) are engaged in or with a particular 

19 industry sector; 

20 ‘‘(B) have active channels for business 

21 transactions and communication; 

22 ‘‘(C) share specialized infrastructure, labor 

23 markets, and services; and 


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1 ‘‘(D) leverage the region’s unique competi2 tive strengths to stimulate innovation and cre3 ate jobs. 

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

5 the several States, the District of Columbia, the 

6 Commonwealth of Puerto Rico, the Virgin Islands, 

7 Guam, American Samoa, the Commonwealth of the 

8 Northern Mariana Islands, or any other territory or 

9 possession of the United States. 

10 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 

11 are authorized to be appropriated such sums as are nec12 essary for each of fiscal years 2011 through 2015 to carry 

13 out this section, including such sums as are necessary to 

14 carry out the evaluation required under subsection (e).’’. 

15 SEC. 504. CLEAN ENERGY CONSORTIUM. 

16 (a) PURPOSE.—The Secretary shall carry out a pro17 gram to establish a Clean Energy Consortium to enhance 

18 the Nation’s economic, environmental, and energy security 

19 by promoting commercial application of clean energy tech20 nology and ensuring that the United States maintains a 

21 technological lead in the development and commercial ap22 plication of state-of-the-art energy technologies. To 

23 achieve these purposes the program shall leverage the ex24 pertise and resources of the university and private re25 search communities, industry, venture capital, national 


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1 laboratories, and other participants in energy innovation 

2 to support collaborative, cross-disciplinary research and 

3 development in areas not being served by the private sec4 tor in order to develop and accelerate the commercial ap5 plication of innovative clean energy technologies. 

6 (b) DEFINITIONS.—For purposes of this section: 

7 (1) CLEAN ENERGY TECHNOLOGY.—The term 

8 ‘‘clean energy technology’’ means a technology 

9 that— 

10 (A) produces energy from solar, wind, geo11 thermal, biomass, tidal, wave, ocean, and other 

12 renewable energy resources (as such term is de13 fined in section 610 of the Public Utility Regu14 latory Policies Act of 1978); 

15 (B) more efficiently transmits, distributes, 

16 or stores energy; 

17 (C) enhances energy efficiency for build18 ings and industry, including combined heat and 

19 power; 

20 (D) enables the development of a Smart 

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1 eration, demand response, demand side man2 agement, and systems analysis; 

3 (E) produces an advanced or sustainable 

4 material with energy or energy efficiency appli5 cations; or 

6 (F) improves energy efficiency for trans7 portation, including electric vehicles. 

8 (2) CLUSTER.—The term ‘‘cluster’’ means a 

9 network of entities directly involved in the research, 

10 development, finance, and commercial application of 

11 clean energy technologies whose geographic prox12 imity facilitates utilization and sharing of skilled 

13 human resources, infrastructure, research facilities, 

14 educational and training institutions, venture cap15 ital, and input suppliers. 

16 (3) CONSORTIUM.—The term ‘‘Consortium’’ 

17 means a Clean Energy Consortium established in ac18 cordance with this section. 

19 (4) PROJECT.—The term ‘‘project’’ means an 

20 activity with respect to which a Consortium provides 

21 support under subsection (e). 

22 (5) QUALIFYING ENTITY.—The term ‘‘quali23 fying entity’’ means each of the following: 

24 (A) A research university. 


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1 (B) A State or Federal institution with a 

2 focus on the advancement of clean energy tech3 nologies. 

4 (C) A nongovernmental organization with 

5 research or technology transfer expertise in 

6 clean energy technology development. 

7 (6) SECRETARY.—The term ‘‘Secretary’’ means 

8 the Secretary of Energy. 

9 (7) TECHNOLOGY DEVELOPMENT FOCUS.—The 

10 term ‘‘technology development focus’’ means the 

11 unique clean energy technology or technologies in 

12 which a Consortium specializes. 

13 (8) TRANSLATIONAL RESEARCH.—The term 

14 ‘‘translational research’’ means coordination of basic 

15 or applied research with technical applications to en16 able promising discoveries or inventions to achieve 

17 commercial application of energy technology. 

18 (c) ROLE OF THE SECRETARY.—The Secretary 

19 shall— 

20 (1) have ultimate responsibility for, and over21 sight of, all aspects of the program under this sec22 tion; 

23 (2) select a recipient of a grant for the estab24 lishment and operation of a Consortium through a 

25 competitive selection process; 


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1 (3) coordinate the innovation activities of the 

2 Consortium with those occurring through other De3 partment of Energy entities, including the National 

4 Laboratories, the Advanced Research Projects Agen5 cy—Energy, Energy Innovation Hubs, and Energy 

6 Frontier Research Collaborations, and within indus7 try, including by annually— 

8 (A) issuing guidance regarding national 

9 energy research and development priorities and 

10 strategic objectives; and 

11 (B) convening a conference of staff of the 

12 Department of Energy and representatives from 

13 such other entities to share research results, 

14 program plans, and opportunities for collabora15 tion. 

16 (d) ENTITIES ELIGIBLE FOR SUPPORT.—A consor17 tium shall be eligible to receive support under this section 

18 if— 

19 (1) it is composed of— 

20 (A) 2 research universities with a com21 bined annual research budget of $500,000,000; 

22 and 

23 (B) 1 or more additional qualifying enti24 ties; 


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1 (2) its members have established a binding 

2 agreement that documents— 

3 (A) the structure of the partnership agree4 ment; 

5 (B) a governance and management struc6 ture to enable cost-effective implementation of 

7 the program; 

8 (C) a conflicts of interest policy consistent 

9 with subsection (e)(1)(B); 

10 (D) an accounting structure that meets the 

11 requirements of the Department of Energy and 

12 can be audited under subsection (f)(4); and 

13 (E) that it has an External Advisory Com14 mittee consistent with subsection (e)(3); 

15 (3) it receives funding from States, consortium 

16 participants, or other non-Federal sources, to be 

17 used to support project awards pursuant to sub18 section (e); 

19 (4) it is part of an existing cluster or dem20 onstrates high potential to develop a new cluster; 

21 and 

22 (5) it operates as a nonprofit organization. 

23 (e) CLEAN ENERGY CONSORTIUM.— 

24 (1) ROLE.—The Consortium shall support 

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1 cial application of clean energy technologies, in ac2 cordance with the purposes of this section, through 

3 issuance of awards to projects managed by quali4 fying entities and other entities meeting the Consor5 tium’s project criteria, including national labora6 tories. The Consortium shall— 

7 (A) develop and make available to the pub8 lic through the Department of Energy’s Web 

9 site proposed plans, programs, project selection 

10 criteria, and terms for individual project awards 

11 under this subsection; 

12 (B) establish conflict of interest proce13 dures, consistent with those of the Department 

14 of Energy, to ensure that employees and des15 ignees for Consortium activities who are in deci16 sionmaking capacities disclose all material con17 flicts of interest, including financial, organiza18 tional, and personal conflicts of interest; 

19 (C) establish policies— 

20 (i) to prevent resources provided to 

21 the Consortium from being used to dis22 place private sector investment otherwise 

23 likely to occur, including investment from 

24 private sector entities that are members of 

25 the Consortium; 


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1 (ii) to facilitate the participation of 

2 private entities that invest in clean energy 

3 technologies to perform due diligence on 

4 award proposals, to participate in the 

5 award review process, and to provide guid6 ance to projects supported by the Consor7 tium; and 

8 (iii) to facilitate the participation of 

9 parties with a demonstrated history of 

10 commercial application of clean energy 

11 technologies in the development of Consor12 tium projects; 

13 (D) oversee project solicitations, review 

14 proposed projects, and select projects for 

15 awards; and 

16 (E) monitor project implementation. 

17 (2) DISTRIBUTION OF AWARDS.—The Consor18 tium, with prior approval of the Secretary, shall dis19 tribute awards under this subsection to support 

20 clean energy technology projects conducting 

21 translational research, provided that at least 50 per22 cent of such support shall be provided to projects re23 lated to the Consortium’s clean energy technology 

24 development focus. Upon approval by the Secretary, 

25 all remaining funds shall be available to support any 


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1 clean energy technology projects conducting 

2 translational research. 

3 (3) EXTERNAL ADVISORY COMMITTEE.— 

4 (A) IN GENERAL.—The Consortium shall 

5 establish an External Advisory Committee, the 

6 members of which shall have extensive and rel7 evant scientific, technical, industry, financial, or 

8 research management expertise. The External 

9 Advisory Committee shall review the Consor10 tium’s proposed plans, programs, project selec11 tion criteria, and projects and shall ensure that 

12 projects selected for awards meet the conflict of 

13 interest policies of the Consortium. External 

14 Advisory Committee members other than those 

15 representing Consortium members shall serve 

16 for no more than 3 years. All External Advisory 

17 Committee members shall comply with the Con18 sortium’s conflict of interest policies and proce19 dures. 

20 (B) MEMBERS.—The External Advisory 

21 Committee shall consist of— 

22 (i) 5 members selected by the Consor23 tium’s research universities; 

24 (ii) 2 members selected by the Consor25 tium’s other qualifying entities; 


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1 (iii) 2 members selected at large by 

2 other External Advisory Committee mem3 bers to represent the entrepreneur and 

4 venture capital communities; and 

5 (iv) 1 member appointed by the Sec6 retary. 

7 (4) CONFLICT OF INTEREST.—The Secretary 

8 may disqualify an application or revoke funds dis9 tributed to the Consortium if the Secretary discovers 

10 a failure to comply with conflict of interest proce11 dures established under paragraph (1)(B). 

12 (f) GRANT.— 

13 (1) IN GENERAL.—The Secretary shall make a 

14 grant under this section in accordance with section 

15 989 of the Energy Policy Act of 2005 (42 U.S.C. 

16 16353). The Secretary shall award the grant, on a 

17 competitive basis, to 1 regional Consortium, for a 

18 term of 3 years. 

19 (2) AMOUNT.—A grant under this subsection 

20 shall be in an amount not greater than $10,000,000 

21 per fiscal year over the 3 years of the term of the 

22 grant. 

23 (3) USE.—The grant distributed under this sec24 tion shall be used exclusively to support project 

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1 vided that the Consortium may use not more than 

2 10 percent of the amount of such grant for its ad3 ministrative expenses related to making such 

4 awards. The grant made under this section shall not 

5 be used for construction of new buildings or facili6 ties, and construction of new buildings or facilities 

7 shall not be considered as part of the non-Federal 

8 share of a cost sharing agreement under this section. 

9 (4) AUDIT.—The Consortium shall conduct, in 

10 accordance with such requirements as the Secretary 

11 may prescribe, an annual audit to determine the ex12 tent to which a grant distributed to the Consortium 

13 under this subsection, and awards under subsection 

14 (e), have been utilized in a manner consistent with 

15 this section. The auditor shall transmit a report of 

16 the results of the audit to the Secretary and to the 

17 Government Accountability Office. The Secretary 

18 shall include such report in an annual report to Con19 gress, along with a plan to remedy any deficiencies 

20 cited in the report. The Government Accountability 

21 Office may review such audits as appropriate and 

22 shall have full access to the books, records, and per23 sonnel of the Consortium to ensure that the grant 

24 distributed to the Consortium under this subsection, 


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1 and awards made under subsection (e), have been 

2 utilized in a manner consistent with this section. 

3 (5) REVOCATION OF AWARDS.—The Secretary 

4 shall have authority to review awards made under 

5 this subsection and to revoke such awards if the Sec6 retary determines that the Consortium has used the 

7 award in a manner not consistent with the require8 ments of this section. 

9 TITLE VI—DEPARTMENT OF 

10 ENERGY 

11 Subtitle A—Office of Science 

12 SEC. 601. SHORT TITLE. 

13 This subtitle may be cited as the ‘‘Department of En14 ergy Office of Science Authorization Act of 2010’’. 

15 SEC. 602. DEFINITIONS. 

16 Except as otherwise provided, in this subtitle: 

17 (1) DEPARTMENT.—The term ‘‘Department’’ 

18 means the Department of Energy. 

19 (2) DIRECTOR.—The term ‘‘Director’’ means 

20 the Director of the Office of Science. 

21 (3) OFFICE OF SCIENCE.—The term ‘‘Office of 

22 Science’’ means the Department of Energy Office of 

23 Science. 

24 (4) SECRETARY.—The term ‘‘Secretary’’ means 

25 the Secretary of Energy. 


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1 SEC. 603. MISSION OF THE OFFICE OF SCIENCE. 

2 (a) MISSION.—The mission of the Office of Science 

3 shall be the delivery of scientific discoveries, capabilities, 

4 and major scientific tools to transform the understanding 

5 of nature and to advance the energy, economic, and na6 tional security of the United States. 

7 (b) DUTIES.—In support of this mission, the Sec8 retary shall carry out, through the Office of Science, pro9 grams on basic energy sciences, biological and environ10 mental research, advanced scientific computing research, 

11 fusion energy sciences, high energy physics, and nuclear 

12 physics through activities focused on— 

13 (1) Science for Discovery to unravel nature’s 

14 mysteries through the study of subatomic particles, 

15 atoms, and molecules that make up the materials of 

16 our everyday world to DNA, proteins, cells, and en17 tire biological systems; 

18 (2) Science for National Need by— 

19 (A) advancing a clean energy agenda 

20 through research on energy production, storage, 

21 transmission, efficiency, and use; and 

22 (B) advancing our understanding of the 

23 Earth’s climate through research in atmos24 pheric and environmental sciences and climate 

25 change; and 


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1 (3) National Scientific User Facilities to deliver 

2 the 21st century tools of science, engineering, and 

3 technology and provide the Nation’s researchers with 

4 the most advanced tools of modern science including 

5 accelerators, colliders, supercomputers, light sources 

6 and neutron sources, and facilities for studying the 

7 nanoworld. 

8 (c) SUPPORTING ACTIVITIES.—The activities de9 scribed in subsection (b) shall include providing for rel10 evant facilities and infrastructure, analysis, coordination, 

11 and education and outreach activities. 

12 (d) USER FACILITIES.—The Director shall carry out 

13 the construction, operation, and maintenance of user fa14 cilities to support the activities described in subsection (b). 

15 As practicable, these facilities shall serve the needs of the 

16 Department, industry, the academic community, and other 

17 relevant entities for the purposes of advancing the mis18 sions of the Department. 

19 (e) OTHER AUTHORIZED ACTIVITIES.—In addition to 

20 the activities authorized under this subtitle, the Office of 

21 Science shall carry out such other activities it is author22 ized or required to carry out by law. 

23 (f) COORDINATION AND JOINT ACTIVITIES.—The 

24 Department’s Under Secretary for Science shall ensure 

25 the coordination of activities under this subtitle with the 


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1 other activities of the Department, and shall support joint 

2 activities among the programs of the Department. 

3 (g) DOMESTICALLY SOURCED HARDWARE.— 

4 (1) PLAN.—The Director shall develop a plan 

5 to increase the percentage of domestically sourced 

6 hardware for planned and ongoing projects of the 

7 Office of Science. In developing this plan, the Direc8 tor shall— 

9 (A) give consideration to technologies that 

10 the United States does not currently have the 

11 capacity to manufacture and to procurement ac12 tivities that can strengthen United States high13 technology competitiveness broadly; 

14 (B) seek opportunities to engage and part15 ner with domestic manufacturers; and 

16 (C) annually assess levels of domestically 

17 available goods relevant to planned and ongoing 

18 projects of the Office of Science. 

19 (2) INTERNATIONAL AGREEMENTS.—This sub20 section shall be applied in a manner consistent with 

21 United States obligations under international agree22 ments. 

23 (3) REPORT TO CONGRESS.—Not later than 1 

24 year after the date of enactment of this Act, the Di25 rector shall transmit the plan developed under this 


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1 subsection to the Committee on Energy and Natural 

2 Resources of the Senate and the Committee on 

3 Science and Technology of the House of Representa4 tives, and shall transmit any appropriate updates to 

5 those committees. 

6 (h) MERIT-REVIEWED STUDY.—As part of the Presi7 dent’s annual budget request, the Secretary shall include 

8 a detailed summary of the degree to which current re9 search activities are competitive and merit-reviewed, in10 cluding a list of activities that would have been undertaken 

11 in the absence of Congressionally-directed projects and an 

12 analysis of the effects of increasing the proportion of com13 petitive, merit-reviewed activities on the strategic objec14 tives of the Office of Science. 

15 SEC. 604. BASIC ENERGY SCIENCES PROGRAM. 

16 (a) PROGRAM.—As part of the activities authorized 

17 under section 603, the Director shall carry out a program 

18 in basic energy sciences, including materials sciences and 

19 engineering, chemical sciences, physical biosciences, and 

20 geosciences, for the purpose of providing the scientific 

21 foundations for new energy technologies. 

22 (b) BASIC ENERGY SCIENCES USER FACILITIES.— 

23 (1) IN GENERAL.—The Director shall carry out 

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1 gram under this section. As practicable, these facili2 ties shall serve the needs of the Department, indus3 try, the academic community, and other relevant en4 tities to create and examine new materials and 

5 chemical processes for the purposes of advancing 

6 new energy technologies and improving the competi7 tiveness of the United States. These facilities shall 

8 include— 

9 (A) x-ray light sources; 

10 (B) neutron sources; 

11 (C) electron beam microcharacterization 

12 centers; 

13 (D) nanoscale science research centers; 

14 and 

15 (E) other facilities the Director considers 

16 appropriate, consistent with section 603(d). 

17 (2) FACILITY CONSTRUCTION AND UP18 GRADES.—Consistent with the Office of Science’s 

19 project management practices, the Director shall 

20 support construction of— 

21 (A) the National Synchrotron Light Source 

22 II; 

23 (B) a Second Target Station at the Spall24 ation Neutron Source; and 


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1 (C) an upgrade of the Advanced Photon 

2 Source to improve brightness and performance. 

3 (c) ENERGY FRONTIER RESEARCH CENTERS.— 

4 (1) IN GENERAL.—The Director shall carry out 

5 a grant program to provide awards, on a competi6 tive, merit-reviewed basis, to multi-institutional col7 laborations or other appropriate entities to conduct 

8 fundamental and use-inspired energy research to ac9 celerate scientific breakthroughs related to needs 

10 identified in— 

11 (A) the Grand Challenges report of the De12 partment’s Basic Energy Sciences Advisory 

13 Committee; 

14 (B) the Basic Energy Sciences Basic Re15 search Needs workshop reports; 

16 (C) energy-related Grand Challenges for 

17 Engineering, as described by the National 

18 Academy of Engineering; or 

19 (D) other relevant reports identified by the 

20 Director. 

21 (2) COLLABORATIONS.—A collaboration receiv22 ing a grant under this subsection may include mul23 tiple types of institutions and private sector entities. 

24 (3) SELECTION AND DURATION.— 


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1 (A) IN GENERAL.—A collaboration under 

2 this subsection shall be selected for a period of 

3 5 years. 

4 (B) REAPPLICATION.—After the end of the 

5 period described in subparagraph (A), a grantee 

6 may reapply for selection for a second period of 

7 5 years on a competitive, merit-reviewed basis. 

8 (4) NO FUNDING FOR CONSTRUCTION.—No 

9 funding provided pursuant to this subsection may be 

10 used for the construction of new buildings or facili11 ties. 

12 (d) ACCELERATOR RESEARCH AND DEVELOP13 MENT.—The Director shall carry out research and devel14 opment on advanced accelerator technologies relevant to 

15 the development of Basic Energy Sciences user facilities, 

16 in consultation with the Office of Science’s High Energy 

17 Physics and Nuclear Physics programs. 

18 SEC. 605. BIOLOGICAL AND ENVIRONMENTAL RESEARCH 

19 PROGRAM. 

20 (a) IN GENERAL.—As part of the activities author21 ized under section 603, and coordinated with the activities 

22 authorized in section 604, the Director shall carry out a 

23 program of research, development, and demonstration in 

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1 vironmental science to support the energy and environ2 mental missions of the Department. 

3 (b) BIOLOGICAL SYSTEMS SCIENCE ACTIVITIES.— 

4 (1) ACTIVITIES.—As part of the activities au5 thorized under subsection (a), the Director shall 

6 carry out research, development, and demonstration 

7 activities in fundamental, structural, computational, 

8 and systems biology to increase systems-level under9 standing of complex biological systems, which shall 

10 include activities to— 

11 (A) accelerate breakthroughs and new 

12 knowledge that will enable cost-effective sus13 tainable production of— 

14 (i) biomass-based liquid transpor15 tation fuels, including hydrogen; 

16 (ii) bioenergy; and 

17 (iii) biobased products, 

18 that support the energy and environmental mis19 sions of the Department; 

20 (B) improve understanding of the global 

21 carbon cycle, including processes for removing 

22 carbon dioxide from the atmosphere, through 

23 photosynthesis and other biological processes, 

24 for sequestration and storage; and 


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1 (C) understand the biological mechanisms 

2 used to destroy, immobilize, or remove contami3 nants from subsurface environments. 

4 (2) RESEARCH PLAN.— 

5 (A) REQUIREMENT.—Not later than 1 

6 year after the date of enactment of this Act, the 

7 Director shall prepare and transmit to Congress 

8 a research plan describing how the activities au9 thorized under this subsection will be under10 taken. 

11 (B) UTILIZATION OF EXISTING PLAN.—In 

12 developing the plan in subparagraph (A), the 

13 Director may utilize an existing research plan 

14 and update such plan to incorporate the activi15 ties identified in paragraph (1). 

16 (C) UPDATES.—Not later than 3 years 

17 after the initial report under this paragraph, 

18 and at least once every 3 years thereafter, the 

19 Director shall update the research plan and 

20 transmit it to Congress. 

21 (3) BIOENERGY RESEARCH CENTERS.— 

22 (A) IN GENERAL.—In carrying out the ac23 tivities under paragraph (1), the Director shall 

24 support at least 3 bioenergy research centers to 

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1 ment, demonstration, and commercial applica2 tion of biomass-based liquid transportation 

3 fuels, bioenergy, and biobased products that 

4 support the energy and environmental missions 

5 of the Department and are produced from a va6 riety of regionally diverse feedstocks. 

7 (B) GEOGRAPHIC DISTRIBUTION.—The Di8 rector shall ensure that the bioenergy research 

9 centers under this paragraph are established in 

10 geographically diverse locations. 

11 (C) SELECTION AND DURATION.—A center 

12 established under subparagraph (A) shall be se13 lected on a competitive, merit-reviewed basis for 

14 a period of 5 years beginning on the date of es15 tablishment of that center. A center already in 

16 existence on the date of enactment of this Act 

17 may continue to receive support for a period of 

18 5 years beginning on the date of establishment 

19 of that center. 

20 (4) ENABLING SYNTHETIC BIOLOGY PLAN.— 

21 (A) IN GENERAL.—The Secretary, in con22 sultation with other relevant Federal agencies, 

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1 ported research and development activities that 

2 will support the energy and environmental mis3 sions of the Department and enable a competi4 tive synthetic biology industry in the United 

5 States. 

6 (B) PLAN.—The plan developed under sub7 paragraph (A) shall assess the need to create a 

8 database for synthetic biology information, the 

9 need and process for developing standards for 

10 biological parts, components and systems, and 

11 the need for a federally funded facility that en12 ables the discovery, design, development, pro13 duction, and systematic use of parts, compo14 nents, and systems created through synthetic 

15 biology. The plan shall describe the role of the 

16 Federal Government in meeting these needs. 

17 (C) SUBMISSION TO CONGRESS.—The Sec18 retary shall transmit the plan developed under 

19 subparagraph (A) to the Congress not later 

20 than 9 months after the date of enactment of 

21 this Act. 

22 (5) COMPUTATIONAL BIOLOGY AND SYSTEMS

23 BIOLOGY KNOWLEDGEBASE.—As part of the activi24 ties described in paragraph (1), the Director, in col25 laboration with the Advanced Scientific Computing 


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1 Research program described in section 606, shall 

2 carry out research in computational biology, acquire 

3 or otherwise ensure the availability of hardware for 

4 biology-specific computation, and establish and 

5 maintain an open virtual database and information 

6 management system to centrally integrate systems 

7 biology data, analytical software, and computational 

8 modeling tools that will allow data sharing and free 

9 information exchange within the scientific commu10 nity. 

11 (6) PROHIBITION ON BIOMEDICAL AND HUMAN

12 CELL AND HUMAN SUBJECT RESEARCH.— 

13 (A) NO BIOMEDICAL RESEARCH.—In car14 rying out activities under subsection (b), the 

15 Secretary shall not conduct biomedical research. 

16 (B) LIMITATIONS.—Nothing in subsection 

17 (b) shall authorize the Secretary to conduct any 

18 research or demonstrations— 

19 (i) on human cells or human subjects; 

20 or 

21 (ii) designed to have direct application 

22 with respect to human cells or human sub23 jects. 

24 (C) INFORMATION SHARING.—Nothing in 

25 this paragraph shall restrict the Department 


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1 from sharing information, including research 

2 findings, research methodologies, models, or 

3 any other information, with any Federal agen4 cy. 

5 (7) REPEAL.—Section 977 of the Energy Policy 

6 Act of 2005 (42 U.S.C. 16317) is repealed. 

7 (c) CLIMATE AND ENVIRONMENTAL SCIENCES AC8 TIVITIES.— 

9 (1) IN GENERAL.—As part of the activities au10 thorized under subsection (a), the Director shall 

11 carry out climate and environmental science re12 search, which shall include activities to— 

13 (A) understand, observe, and model the re14 sponse of the Earth’s atmosphere and bio15 sphere, including oceans and the Great Lakes, 

16 to increased concentrations of greenhouse gas 

17 emissions, and any associated changes in cli18 mate; 

19 (B) understand the processes for seques20 tration, destruction, immobilization, or removal 

21 of, and understand the movement of, contami22 nants and carbon in subsurface environments, 

23 including at facilities of the Department; and 

24 (C) inform potential mitigation and adap25 tation options for increased concentrations of 


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1 greenhouse gas emissions and any associated 

2 changes in climate. 

3 (2) SUBSURFACE BIOGEOCHEMISTRY RE4 SEARCH.— 

5 (A) IN GENERAL.—As part of the activities 

6 described in paragraph (1), the Director shall 

7 carry out research to advance a fundamental 

8 understanding of coupled physical, chemical, 

9 and biological processes for controlling the 

10 movement of sequestered carbon and subsurface 

11 environmental contaminants, including field ob12 servations of subsurface microorganisms and 

13 field-scale subsurface research. 

14 (B) COORDINATION.— 

15 (i) DIRECTOR.—The Director shall 

16 carry out activities under this paragraph in 

17 accordance with priorities established by 

18 the Department’s Under Secretary for 

19 Science to support and accelerate the de20 contamination of relevant facilities man21 aged by the Department. 

22 (ii) UNDER SECRETARY FOR

23 SCIENCE.—The Department’s Under Sec24 retary for Science shall ensure the coordi25 nation of the activities of the Department, 


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1 including activities under this paragraph, 

2 to support and accelerate the decontamina3 tion of relevant facilities managed by the 

4 Department. 

5 (3) NEXT-GENERATION ECOSYSTEM-CLIMATE

6 EXPERIMENT.— 

7 (A) IN GENERAL.—As part of the activities 

8 described in paragraph (1), the Director, in col9 laboration with other relevant agencies that are 

10 participants in the United States Global 

11 Change Research Program, shall carry out the 

12 selection and development of a next-generation 

13 ecosystem-climate change experiment to under14 stand the impact and feedbacks of increased 

15 temperature and elevated carbon levels on eco16 systems. 

17 (B) REPORT.—Not later than 1 year after 

18 the date of enactment of this Act, the Director 

19 shall transmit to the Congress a report con20 taining— 

21 (i) an identification of the location or 

22 locations that have been selected for the 

23 experiment described in subparagraph (A); 

24 (ii) a description of the need for addi25 tional experiments; and 


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1 (iii) an associated research plan. 

2 (4) AMERIFLUX NETWORK COORDINATION AND

3 RESEARCH.—As part of the activities described in 

4 paragraph (1), the Director shall carry out research 

5 and coordinate the AmeriFlux Network to directly 

6 observe and understand the exchange of greenhouse 

7 gases, water vapor, and heat energy within terres8 trial ecosystems and the response of those systems 

9 to climate change and other dynamic terrestrial 

10 landscape changes. The Director, in collaboration 

11 with other relevant Federal agencies, shall— 

12 (A) identify opportunities to incorporate 

13 innovative and emerging observation tech14 nologies and practices into the existing Net15 work; 

16 (B) conduct research to determine the 

17 need for increased greenhouse gas observation 

18 Network facilities across North America to 

19 meet future mitigation and adaptation needs of 

20 the United States; and 

21 (C) examine how the technologies and 

22 practices described in subparagraph (A), and 

23 increased coordination among scientific commu24 nities through the Network, have the potential 

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1 house gas emission sources and sinks in the 

2 United States and internationally. 

3 (5) CLIMATE AND EARTH MODELING.—As part 

4 of the activities described in paragraph (1), the Di5 rector, in collaboration with the Advanced Scientific 

6 Computing Research program described in section 

7 606, shall carry out research to develop, evaluate, 

8 and use high-resolution regional climate, global cli9 mate, Earth, and predictive models to inform deci10 sions on reducing the impacts of changing climate. 

11 (6) INTEGRATED ASSESSMENT RESEARCH.—As 

12 part of the activities described in paragraph (1), the 

13 Director shall carry out research into options for 

14 mitigation of and adaptation to climate change 

15 through multiscale models of the entire climate sys16 tem. Such modeling shall include human processes 

17 and greenhouse gas emissions, land use, and inter18 action among human and Earth systems. 

19 (7) COORDINATION.—The Director shall coordi20 nate activities under this subsection with other Of21 fice of Science activities and with the United States 

22 Global Change Research Program. 

23 (d) USER FACILITIES AND ANCILLARY EQUIP24 MENT.— 


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1 (1) IN GENERAL.—The Director shall carry out 

2 a program for the construction, operation, and main3 tenance of user facilities to support the program 

4 under this section. As practicable, these facilities 

5 shall serve the needs of the Department, industry, 

6 the academic community, and other relevant entities. 

7 (2) INCLUDED FUNCTIONS.—User facilities de8 scribed in paragraph (1) shall include facilities which 

9 carry out— 

10 (A) genome sequencing and analysis of 

11 plants, microbes, and microbial communities 

12 using high throughput tools, technologies, and 

13 comparative analysis; 

14 (B) molecular level research in biological, 

15 chemical, environmental, and subsurface 

16 sciences, including synthesis, dynamic prop17 erties, and interactions among natural and en18 gineered materials; and 

19 (C) measurement of cloud and aerosol 

20 properties used for examining atmospheric proc21 esses and evaluating climate model perform22 ance, including ground stations at various loca23 tions, mobile resources, and aerial vehicles. 


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1 SEC. 606. ADVANCED SCIENTIFIC COMPUTING RESEARCH 

2 PROGRAM. 

3 (a) IN GENERAL.—As part of the activities author4 ized under section 603, the Director shall carry out a re5 search, development, demonstration, and commercial ap6 plication program to advance computational and net7 working capabilities to analyze, model, simulate, and pre8 dict complex phenomena relevant to the development of 

9 new energy technologies and the competitiveness of the 

10 United States. 

11 (b) COORDINATION.— 

12 (1) DIRECTOR.—The Director shall carry out 

13 activities under this section in accordance with prior14 ities established by the Department’s Under Sec15 retary for Science to determine and meet the com16 putational and networking research and facility 

17 needs of the Office of Science and all other relevant 

18 energy technology and energy efficiency programs 

19 within the Department. 

20 (2) UNDER SECRETARY FOR SCIENCE.—The 

21 Department’s Under Secretary for Science shall en22 sure the coordination of the activities of the Depart23 ment, including activities under this section, to de24 termine and meet the computational and networking 

25 research and facility needs of the Office of Science 


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1 and all other relevant energy technology and energy 

2 efficiency programs within the Department. 

3 (c) RESEARCH TO SUPPORT ENERGY APPLICA4 TIONS.—As part of the activities authorized under sub5 section (a), the program shall support research in high6 performance computing and networking relevant to energy 

7 applications, including both basic and applied energy re8 search programs carried out by the Secretary. 

9 (d) REPORTS.— 

10 (1) ADVANCED COMPUTING FOR ENERGY APPLI11 CATIONS.—Not later than one year after the date of 

12 enactment of this Act, the Secretary shall transmit 

13 to the Congress a plan to integrate and leverage the 

14 expertise and capabilities of the program described 

15 in subsection (a), as well as other relevant computa16 tional and networking research programs and re17 sources supported by the Federal Government, to 

18 advance the missions of the Department’s applied 

19 energy and energy efficiency programs, including the 

20 development of smart grid technologies. 

21 (2) EXASCALE COMPUTING.—At least 18 

22 months prior to the initiation of construction or in23 stallation of any exascale-class computing facility, 

24 the Secretary shall transmit a plan to the Congress 

25 detailing— 


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1 (A) the proposed facility’s cost projections 

2 and capabilities to significantly accelerate the 

3 development of new energy technologies; 

4 (B) technical risks and challenges that 

5 must be overcome to achieve successful comple6 tion and operation of the facility; and 

7 (C) an assessment of the scientific and 

8 technological advances expected from such a fa9 cility relative to those expected from a com10 parable investment in expanded research and 

11 applications at terascale-class and petascale12 class computing facilities. 

13 (e) APPLIED MATHEMATICS AND SOFTWARE DEVEL14 OPMENT FOR HIGH-END COMPUTING SYSTEMS.—The Di15 rector shall carry out activities to develop, test, and sup16 port mathematics, models, and algorithms for complex 

17 systems, as well as programming environments, tools, lan18 guages, and operating systems for high-end computing 

19 systems (as defined in section 2 of the Department of En20 ergy High-End Computing Revitalization Act of 2004 (15 

21 U.S.C. 5541)). 

22 (f) HIGH-END COMPUTING FACILITIES.—The Direc23 tor shall— 

24 (1) provide for sustained access by the public 

25 and private research community in the United 


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1 States to high-end computing systems, including ac2 cess to the National Energy Research Scientific 

3 Computing Center and to Leadership Systems (as 

4 defined in section 2 of the Department of Energy 

5 High-End Computing Revitalization Act of 2004 (15 

6 U.S.C. 5541)); 

7 (2) provide technical support for users of such 

8 systems; and 

9 (3) conduct research and development on next10 generation computing architectures and platforms to 

11 support the missions of the Department. 

12 (g) OUTREACH.—The Secretary shall conduct out13 reach programs and may form partnerships to increase the 

14 use of and access to high-performance computing mod15 eling and simulation capabilities by industry, including 

16 manufacturers. 

17 SEC. 607. FUSION ENERGY RESEARCH PROGRAM. 

18 (a) PROGRAM.—As part of the activities authorized 

19 under section 603, the Director shall carry out a fusion 

20 energy sciences research and enabling technology develop21 ment program to effectively address the scientific and en22 gineering challenges to building a cost-competitive fusion 

23 power plant and a competitive fusion power industry in 

24 the United States. As part of this program, the Director 

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1 mental understanding of plasmas and matter at very high 

2 temperatures and densities. 

3 (b) ITER.—The Director shall coordinate and carry 

4 out the responsibilities of the United States with respect 

5 to the ITER international fusion project pursuant to the 

6 Agreement on the Establishment of the ITER Inter7 national Fusion Energy Organization for the Joint Imple8 mentation of the ITER Project. 

9 (c) IDENTIFICATION OF PRIORITIES.—Not later than 

10 18 months after the date of enactment of this Act, the 

11 Secretary shall transmit to the Congress a report on the 

12 Department’s proposed research and development activi13 ties in magnetic fusion over the 10 years following the date 

14 of enactment of this Act under four realistic budget sce15 narios. The report shall— 

16 (1) identify specific areas of fusion energy re17 search and enabling technology development in 

18 which the United States can and should establish or 

19 solidify a lead in the global fusion energy develop20 ment effort; and 

21 (2) identify priorities for initiation of facility 

22 construction and facility decommissioning under 

23 each of those scenarios. 

24 (d) FUSION MATERIALS RESEARCH AND DEVELOP25 MENT.—The Director, in coordination with the Assistant 


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1 Secretary for Nuclear Energy of the Department, shall 

2 carry out research and development activities to identify, 

3 characterize, and create materials that can endure the 

4 neutron, plasma, and heat fluxes expected in a commercial 

5 fusion power plant. As part of the activities authorized 

6 under subsection (c), the Secretary shall— 

7 (1) provide an assessment of the need for a fa8 cility or facilities that can examine and test potential 

9 fusion and next generation fission materials and 

10 other enabling technologies relevant to the develop11 ment of commercial fusion power plants; and 

12 (2) provide an assessment of whether a single 

13 new facility that substantially addresses magnetic 

14 fusion, inertial fusion, and next generation fission 

15 materials research needs is feasible, in conjunction 

16 with the expected capabilities of facilities operational 

17 as of the date of enactment of this Act. 

18 (e) ENABLING TECHNOLOGY DEVELOPMENT.—The 

19 Secretary shall carry out activities to develop technologies 

20 necessary to enable the reliable, sustainable, safe, and eco21 nomically competitive operation of a commercial fusion 

22 power plant. 

23 (f) FUSION SIMULATION PROJECT.—In collaboration 

24 with the Office of Science’s Advanced Scientific Com25 puting Research program described in section 606, the DiVerDate Mar 15 2010 01:35 Jun 30, 2010 Jkt 089200 PO 00000 Frm 00246 Fmt 6652 Sfmt 6201 E:\BILLS\H5116.RFS H5116

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1 rector shall carry out a computational project to advance 

2 the capability of fusion researchers to accurately simulate 

3 an entire fusion energy system. 

4 (g) INERTIAL FUSION ENERGY RESEARCH AND DE5 VELOPMENT PROGRAM.—The Secretary shall carry out a 

6 program of research and technology development in iner7 tial fusion for energy applications, including ion beam and 

8 laser fusion. Not later than 180 days after the release of 

9 a report from the National Academies on inertial fusion 

10 energy research, the Secretary shall transmit to Congress 

11 a report describing the Department’s plan to incorporate 

12 any relevant recommendations from the National Acad13 emies’ report into this program. 

14 SEC. 608. HIGH ENERGY PHYSICS PROGRAM. 

15 (a) PROGRAM.—As part of the activities authorized 

16 under section 603, the Director shall carry out a research 

17 program on the elementary constituents of matter and en18 ergy and the nature of space and time. 

19 (b) NEUTRINO RESEARCH.—As part of the program 

20 described in subsection (a), the Director shall carry out 

21 research activities on rare decay processes and the nature 

22 of the neutrino, which may— 

23 (1) include collaborations with the National 

24 Science Foundation on relevant projects; and 


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1 (2) utilize components of existing accelerator 

2 facilities to produce neutrino beams of sufficient in3 tensity to explore research priorities identified by the 

4 High Energy Physics Advisory Panel or the National 

5 Academy of Sciences. 

6 (c) DARK ENERGY AND DARK MATTER RE7 SEARCH.—As part of the program described in subsection 

8 (a), the Director shall carry out research activities on the 

9 nature of dark energy and dark matter. These activities 

10 shall be consistent with research priorities identified by 

11 the High Energy Physics Advisory Panel or the National 

12 Academy of Sciences, and may include— 

13 (1) the development of space-based and land14 based facilities and experiments; and 

15 (2) collaborations with the National Aeronautics 

16 and Space Administration, the National Science 

17 Foundation, or international collaborations on rel18 evant research projects. 

19 (d) ACCELERATOR RESEARCH AND DEVELOP20 MENT.—The Director shall carry out research and devel21 opment in advanced accelerator concepts and technologies 

22 to reduce the necessary scope and cost for the next genera23 tion of particle accelerators. 

24 (e) INTERNATIONAL COLLABORATION.—The Direc25 tor, as practicable and in coordination with other approVerDate Mar 15 2010 01:35 Jun 30, 2010 Jkt 089200 PO 00000 Frm 00248 Fmt 6652 Sfmt 6201 E:\BILLS\H5116.RFS H5116

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1 priate Federal agencies as necessary, shall ensure the ac2 cess of United States researchers to the most advanced 

3 accelerator facilities and research capabilities in the world, 

4 including the Large Hadron Collider. 

5 SEC. 609. NUCLEAR PHYSICS PROGRAM. 

6 (a) PROGRAM.—As part of the activities authorized 

7 under section 603, the Director shall carry out a research 

8 program, and support relevant facilities, to discover and 

9 understand various forms of nuclear matter. 

10 (b) FACILITY CONSTRUCTION AND UPGRADES.— 

11 Consistent with the Office of Science’s project manage12 ment practices, the Director shall carry out— 

13 (1) an upgrade of the Continuous Electron 

14 Beam Accelerator Facility to a 12 gigaelectronvolt 

15 beam of electrons; and 

16 (2) construction of the Facility for Rare Isotope 

17 Beams. 

18 (c) ISOTOPE DEVELOPMENT AND PRODUCTION FOR

19 RESEARCH APPLICATIONS.—The Director shall carry out 

20 a program for the production of isotopes, including the 

21 development of techniques to produce isotopes, that the 

22 Secretary determines are needed for research, excluding 

23 medical research. In making this determination, the Sec24 retary shall consider any relevant recommendations made 

25 by Federal advisory committees, the National Academies, 


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1 and interagency working groups in which the Department 

2 participates. 

3 SEC. 610. SCIENCE LABORATORIES INFRASTRUCTURE PRO4 GRAM. 

5 (a) PROGRAM.—The Director shall carry out a pro6 gram to improve the safety, efficiency, and mission readi7 ness of infrastructure at Office of Science laboratories. 

8 The program shall include projects to— 

9 (1) renovate or replace space that does not 

10 meet research needs; 

11 (2) replace facilities that are no longer cost ef12 fective to renovate or operate; 

13 (3) modernize utility systems to prevent failures 

14 and ensure efficiency; 

15 (4) remove excess facilities to allow safe and ef16 ficient operations; and 

17 (5) construct modern facilities to conduct ad18 vanced research in controlled environmental condi19 tions. 

20 (b) MINOR CONSTRUCTION PROJECTS.— 

21 (1) AUTHORITY.—Using operation and mainte22 nance funds or facilities and infrastructure funds 

23 authorized by law, the Secretary may carry out 

24 minor construction projects with respect to labora25 tories administered by the Office of Science. 


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1 (2) ANNUAL REPORT.—The Secretary shall 

2 submit to Congress, as part of the annual budget 

3 submission of the Department, a report on each ex4 ercise of the authority under subsection (a) during 

5 the preceding fiscal year. Each report shall include 

6 a summary of maintenance and infrastructure needs 

7 and associated funding requirements at each of the 

8 laboratories, including the amount of both planned 

9 and deferred infrastructure spending at each labora10 tory. Each report shall provide a brief description of 

11 each minor construction project covered by the re12 port. 

13 (3) COST VARIATION REPORTS.—If, at any time 

14 during the construction of any minor construction 

15 project, the estimated cost of the project is revised 

16 and the revised cost of the project exceeds the minor 

17 construction threshold, the Secretary shall imme18 diately submit to Congress a report explaining the 

19 reasons for the cost variation. 

20 (4) DEFINITIONS.—In this section— 

21 (A) the term ‘‘minor construction project’’ 

22 means any plant project not specifically author23 ized by law for which the approved total esti24 mated cost does not exceed the minor construc25 tion threshold; and 


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1 (B) the term ‘‘minor construction thresh2 old’’ means $10,000,000, with such amount to 

3 be adjusted by the Secretary in accordance with 

4 the Engineering News-Record Construction 

5 Cost Index, or an appropriate alternative index 

6 as determined by the Secretary, once every five 

7 years after the date of enactment of this Act. 

8 (5) NONAPPLICABILITY.—Sections 4703 and 

9 4704 of the Atomic Energy Defense Act (50 U.S.C. 

10 2743 and 2744) shall not apply to laboratories ad11 ministered by the Office of Science. 

12 SEC. 611. AUTHORIZATION OF APPROPRIATIONS. 

13 There are authorized to be appropriated to the Sec14 retary for the activities of the Office of Science— 

15 (1) $5,247,000,000 for fiscal year 2011, of 

16 which— 

17 (A) $1,875,000,000 shall be for Basic En18 ergy Sciences activities under section 604; 

19 (B) $667,000,000 shall be for Biological 

20 and Environmental Research activities under 

21 section 605; and 

22 (C) $466,000,000 shall be for Advanced 

23 Scientific Computing Research activities under 

24 section 606; 


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1 (2) $5,614,000,000 for fiscal year 2012, of 

2 which— 

3 (A) $2,025,000,000 shall be for Basic En4 ergy Sciences activities under section 604; 

5 (B) $720,000,000 shall be for Biological 

6 and Environmental Research activities under 

7 section 605; and 

8 (C) $503,000,000 shall be for Advanced 

9 Scientific Computing Research activities under 

10 section 606; 

11 (3) $6,007,000,000 for fiscal year 2013, of 

12 which— 

13 (A) $2,187,000,000 shall be for Basic En14 ergy Sciences activities under section 604; 

15 (B) $778,000,000 shall be for Biological 

16 and Environmental Research activities under 

17 section 605; and 

18 (C) $544,000,000 shall be for Advanced 

19 Scientific Computing Research activities under 

20 section 606; 

21 (4) $6,428,000,000 for fiscal year 2014, of 

22 which— 

23 (A) $2,362,000,000 shall be for Basic En24 ergy Sciences activities under section 604; 


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1 (B) $840,000,000 shall be for Biological 

2 and Environmental Research activities under 

3 section 605; and 

4 (C) $587,000,000 shall be for Advanced 

5 Scientific Computing Research activities under 

6 section 606; and 

7 (5) $6,878,000,000 for fiscal year 2015, of 

8 which— 

9 (A) $2,551,000,000 shall be for Basic En10 ergy Sciences activities under section 604; 

11 (B) $907,000,000 shall be for Biological 

12 and Environmental Research activities under 

13 section 605; and 

14 (C) $634,000,000 shall be for Advanced 

15 Scientific Computing Research activities under 

16 section 606. 

17 Subtitle B—Advanced Research 

18 Projects Agency-Energy 

19 SEC. 621. SHORT TITLE. 

20 This subtitle may be cited as the ‘‘ARPA-E Reau21 thorization Act of 2010’’. 

22 SEC. 622. ARPA-E AMENDMENTS. 

23 Section 5012 of the America COMPETES Act (42 

24 U.S.C. 16538) is amended— 

25 (1) in subsection (c)(2)— 


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1 (A) in subparagraph (A), by inserting 

2 ‘‘and applied’’ after ‘‘advances in fundamental’’; 

3 (B) by striking ‘‘and’’ at the end of sub4 paragraph (B); 

5 (C) by striking the period at the end of 

6 subparagraph (C) and inserting ‘‘; and’’; and 

7 (D) by adding at the end the following new 

8 subparagraph: 

9 ‘‘(D) promoting the commercial application 

10 of advanced energy technologies.’’; 

11 (2) in subsection (e)(3), by amending subpara12 graph (C) to read as follows: 

13 ‘‘(C) research and development of ad14 vanced manufacturing process and technologies 

15 for the domestic manufacturing of novel energy 

16 technologies; and’’; 

17 (3) in subsection (e)— 

18 (A) by striking ‘‘and’’ at the end of para19 graph (3)(D); 

20 (B) by striking the period at the end of 

21 paragraph (4) and inserting ‘‘; and’’; and 

22 (C) by adding at the end the following new 

23 paragraph: 

24 ‘‘(5) pursuant to subsection (c)(2)(C)— 


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1 ‘‘(A) ensuring that applications for funding 

2 disclose the extent of current and prior efforts, 

3 including monetary investments as appropriate, 

4 in pursuit of the technology area for which 

5 funding is being requested; 

6 ‘‘(B) adopting measures to ensure that, in 

7 making awards, program managers adhere to 

8 the objectives in subsection (c)(2)(C); and 

9 ‘‘(C) providing as part of the annual report 

10 required by subsection (h)(1) a summary of the 

11 instances of and reasons for ARPA-E funding 

12 projects in technology areas already being un13 dertaken by industry.’’; 

14 (4) by redesignating subsections (f) through 

15 (m) as subsections (g), (h), (i), (j), (l), (m), (n), and 

16 (o), respectively; 

17 (5) by inserting after subsection (e) the fol18 lowing new subsection: 

19 ‘‘(f) AWARDS.—In carrying out this section, the Di20 rector may initiate and execute awards in the form of 

21 grants, contracts, cooperative agreements, cash prizes, 

22 and other transactions. The Director shall make awards 

23 designed to overcome the long-term and high-risk barriers 

24 relating to the goals and means set forth in subsection 

25 (c) and facilitate submissions, where possible by small 


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1 businesses and entrepreneurs, pursuant to announcements 

2 published not less frequently than annually, of funding op3 portunities for— 

4 ‘‘(1) specific areas of technological innovation; 

5 and 

6 ‘‘(2) broadly defined areas of science and tech7 nology, 

8 to remain open for periods of one year.’’; 

9 (6) in subsection (g), as so redesignated by 

10 paragraph (4) of this section— 

11 (A) by redesignating paragraphs (1) and 

12 (2) as paragraphs (2) and (3), respectively; 

13 (B) by inserting before paragraph (2), as 

14 so redesignated by subparagraph (A) of this 

15 paragraph, the following new paragraph: 

16 ‘‘(1) IN GENERAL.—The Director shall establish 

17 and maintain within ARPA-E a staff with sufficient 

18 qualifications and expertise to enable ARPA-E to 

19 carry out its responsibilities under this section in 

20 conjunction with the operations of the rest of the 

21 Department.’’; 

22 (C) in paragraph (2)(A), as so redesig23 nated 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 redesig8 nated 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 

24 by clause (iii) of this subparagraph, by 


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1 striking ‘‘; and’’ and inserting a semicolon; 

2 and 

3 (vi) by inserting after clause (vi), as 

4 so redesignated by clause (iii) of this sub5 paragraph, the following new clause: 

6 ‘‘(vii) identifying mechanisms for com7 mercial application of successful energy 

8 technology development projects, including 

9 through establishment of partnerships be10 tween awardees and commercial entities; 

11 and’’; 

12 (E) in paragraph (2)(C), as so redesig13 nated by subparagraph (A) of this paragraph, 

14 by inserting ‘‘up to’’ after ‘‘shall be’’; 

15 (F) in paragraph (3)(B), as so redesig16 nated by subparagraph (A) of this paragraph, 

17 by striking ‘‘not less than 70, and not more 

18 than 120,’’ and inserting ‘‘not more than 120’’; 

19 and 

20 (G) by adding at the end the following new 

21 paragraph: 

22 ‘‘(4) FELLOWSHIPS.—The Director is author23 ized to select exceptional early-career and senior sci24 entific, legal, business, and technical personnel to 

25 serve as fellows to work at ARPA-E for terms not 


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1 to exceed two years. Responsibilities of fellows may 

2 include— 

3 ‘‘(A) supporting program directors in pro4 gram creation, design, implementation, and 

5 management; 

6 ‘‘(B) exploring technical fields for future 

7 ARPA-E program areas; 

8 ‘‘(C) assisting the Director in the creation 

9 of the strategic vision for ARPA-E referred to 

10 in subsection (h)(2); 

11 ‘‘(D) preparing energy technology and eco12 nomic analyses; and 

13 ‘‘(E) any other appropriate responsibilities 

14 identified by the Director.’’; 

15 (7) in subsection (h)(2), as so redesignated by 

16 paragraph (4) of this section— 

17 (A) by striking ‘‘2008’’ and inserting 

18 ‘‘2010’’; and 

19 (B) by striking ‘‘2011’’ and inserting 

20 ‘‘2013’’; 

21 (8) by amending subsection (j), as so redesig22 nated by paragraph (4) of this section, to read as 

23 follows: 

24 ‘‘(j) FEDERAL DEMONSTRATION OF TECH25 NOLOGIES.—The Director shall seek opportunities to partVerDate Mar 15 2010 01:35 Jun 30, 2010 Jkt 089200 PO 00000 Frm 00260 Fmt 6652 Sfmt 6201 E:\BILLS\H5116.RFS H5116

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1 ner with purchasing and procurement programs of Federal 

2 agencies to demonstrate energy technologies resulting 

3 from activities funded through ARPA-E.’’; 

4 (9) by inserting after such subsection (j) the 

5 following new subsection: 

6 ‘‘(k) EVENTS.— 

7 ‘‘(1) The Director is authorized to convene, or8 ganize, and sponsor events that further the objec9 tives of ARPA-E, including events that assemble 

10 awardees, the most promising applicants for ARPA11 E funding, and a broad range of ARPA-E stake12 holders (which may include members of relevant sci13 entific research and academic communities, govern14 ment officials, financial institutions, private inves15 tors, entrepreneurs, and other private entities), for 

16 the purposes of— 

17 ‘‘(A) demonstrating projects of ARPA-E 

18 awardees; 

19 ‘‘(B) demonstrating projects of finalists for 

20 ARPA-E awards and other energy technology 

21 projects; 

22 ‘‘(C) facilitating discussion of the commer23 cial application of energy technologies developed 

24 under ARPA-E and other government-spon25 sored research and development programs; or 


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1 ‘‘(D) such other purposes as the Director 

2 considers appropriate. 

3 ‘‘(2) Funding for activities described in para4 graph (1) shall be provided as part of the technology 

5 transfer and outreach activities authorized under 

6 subsection (o)(4)(B).’’; 

7 (10) in subsection (m)(1), as so redesignated by 

8 paragraph (4) of this section, by striking ‘‘4 years’’ 

9 and inserting ‘‘6 years’’; 

10 (11) in subsection (m)(2)(B), as so redesig11 nated by paragraph (4) of this section, by inserting 

12 ‘‘, and how those lessons may apply to the operation 

13 of other programs within the Department of En14 ergy’’ after ‘‘ARPA-E’’; 

15 (12) by amending subsection (o)(2), as so re16 designated by paragraph (4) of this section, to read 

17 as follows: 

18 ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.— 

19 Subject to paragraph (4), there are authorized to be 

20 appropriated to the Director for deposit in the 

21 Fund, without fiscal year limitation— 

22 ‘‘(A) $300,000,000 for fiscal year 2011; 

23 ‘‘(B) $450,000,000 for fiscal year 2012; 

24 ‘‘(C) $600,000,000 for fiscal year 2013; 


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1 ‘‘(D) $800,000,000 for fiscal year 2014; 

2 and 

3 ‘‘(E) $1,000,000,000 for fiscal year 

4 2015.’’; 

5 (13) in subsection (o), as so redesignated by 

6 paragraph (4) of this section, by— 

7 (A) striking paragraph (4); and 

8 (B) redesignating paragraph (5) as para9 graph (4); and 

10 (14) in subsection (o)(4)(B), as so redesignated 

11 by paragraphs (4) and (13)(B) of this subsection— 

12 (A) by striking ‘‘2.5 percent’’ and inserting 

13 ‘‘5 percent’’; and 

14 (B) by inserting ‘‘, consistent with the goal 

15 described in subsection (c)(2)(D) and within the 

16 responsibilities of program directors as specified 

17 in subsection (g)(2)(B)(vii)’’ after ‘‘outreach ac18 tivities’’. 

19 Subtitle C—Energy Innovation 

20 Hubs 

21 SEC. 631. SHORT TITLE. 

22 This subtitle may be cited as the ‘‘Energy Innovation 

23 Hubs Authorization Act of 2010’’. 

24 SEC. 632. ENERGY INNOVATION HUBS. 

25 (a) ESTABLISHMENT OF PROGRAM.— 


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1 (1) IN GENERAL.—The Secretary of Energy 

2 shall carry out a program to enhance the Nation’s 

3 economic, environmental, and energy security by 

4 making grants to consortia for establishing and op5 erating Energy Innovation Hubs to conduct and 

6 support, whenever practicable at one centralized lo7 cation, multidisciplinary, collaborative research, de8 velopment, demonstration, and commercial applica9 tion of advanced energy technologies in areas not 

10 being served by the private sector. 

11 (2) TECHNOLOGY DEVELOPMENT FOCUS.—The 

12 Secretary shall designate for each Hub a unique ad13 vanced energy technology development focus. 

14 (3) COORDINATION.—The Secretary shall en15 sure the coordination of, and avoid unnecessary du16 plication of, the activities of Hubs with those of 

17 other Department of Energy research entities, in18 cluding the National Laboratories, the Advanced Re19 search Projects Agency—Energy, and Energy Fron20 tier Research Centers, and within industry. Such co21 ordination shall include convening and consulting 

22 with representatives of staff of the Department of 

23 Energy, representatives from Hubs and the quali24 fying entities that are members of the consortia op25 erating the Hubs, and representatives of such other 


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1 entities as the Secretary considers appropriate, to 

2 share research results, program plans, and opportu3 nities for collaboration. 

4 (4) ADMINISTRATION.—The Secretary shall ad5 minister this section with respect to each Hub 

6 through the Department program office appropriate 

7 to administer the subject matter of the technology 

8 development focus assigned under paragraph (2) for 

9 the Hub. 

10 (b) CONSORTIA.— 

11 (1) ELIGIBILITY.—To be eligible to receive a 

12 grant under this section for the establishment and 

13 operation of a Hub, a consortium shall— 

14 (A) be composed of no fewer than 2 quali15 fying entities; 

16 (B) operate subject to a binding agreement 

17 entered into by its members that documents— 

18 (i) the proposed partnership agree19 ment, including the governance and man20 agement structure of the Hub; 

21 (ii) measures to enable cost-effective 

22 implementation of the program under this 

23 section; 


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1 (iii) a proposed budget, including fi2 nancial contributions from non-Federal 

3 sources; 

4 (iv) conflict of interest procedures 

5 consistent with subsection (d)(3), all 

6 known material conflicts of interest, and 

7 corresponding mitigation plans; 

8 (v) an accounting structure that en9 ables the Secretary to ensure that the con10 sortium has complied with the require11 ments of this section; and 

12 (vi) an external advisory committee 

13 consistent with subsection (d)(2); and 

14 (C) operate as a nonprofit organization. 

15 (2) APPLICATION.—A consortium seeking to es16 tablish and operate a Hub under this section, acting 

17 through a prime applicant, shall transmit to the Sec18 retary an application at such time, in such form, 

19 and accompanied by such information as the Sec20 retary shall require, including a detailed description 

21 of the elements of the consortium agreement re22 quired under paragraph (1)(B). If the consortium 

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1 tions plan that ensures close coordination and inte2 gration of the Hub’s activities. 

3 (c) SELECTION AND SCHEDULE.—The Secretary 

4 shall select consortia for grants for the establishment and 

5 operation of Hubs through competitive selection processes. 

6 In selecting consortia, the Secretary shall consider the in7 formation a consortium must disclose according to sub8 section (b), as well as any existing facilities a consortium 

9 will provide for Hub activities. Grants made to a Hub shall 

10 be for a period not to exceed 5 years, after which the grant 

11 may be renewed, subject to a competitive selection process. 

12 (d) HUB OPERATIONS.— 

13 (1) IN GENERAL.—Hubs shall conduct or pro14 vide for multidisciplinary, collaborative research, de15 velopment, demonstration, and commercial applica16 tion of advanced energy technologies within the tech17 nology development focus designated for the Hub by 

18 the Secretary under subsection (a)(2). Each Hub 

19 shall— 

20 (A) encourage collaboration and commu21 nication among the member qualifying entities 

22 of the consortium and awardees by conducting 

23 activities whenever practicable at one central24 ized location; 


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1 (B) develop and publish on the Depart2 ment of Energy’s website proposed plans and 

3 programs; 

4 (C) submit an annual report to the Sec5 retary summarizing the Hub’s activities, includ6 ing detailing organizational expenditures, listing 

7 external advisory committee members, and de8 scribing each project undertaken by the Hub; 

9 and 

10 (D) monitor project implementation and 

11 coordination. 

12 (2) EXTERNAL ADVISORY COMMITTEE.—Each 

13 Hub shall establish an external advisory committee, 

14 the membership of which shall have sufficient exper15 tise to advise and provide guidance on scientific, 

16 technical, industry, financial, and research manage17 ment matters. 

18 (3) CONFLICTS OF INTEREST.— 

19 (A) PROCEDURES.—Hubs shall establish 

20 conflict of interest procedures, consistent with 

21 those of the Department of Energy, to ensure 

22 that employees and consortia designees for Hub 

23 activities who are in decisionmaking capacities 

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1 ing financial, organizational, and personal con2 flicts of interest. 

3 (B) DISQUALIFICATION AND REVOCA4 TION.—The Secretary may disqualify an appli5 cation or revoke funds distributed to a Hub if 

6 the Secretary discovers a failure to comply with 

7 conflict of interest procedures established under 

8 subparagraph (A). 

9 (e) PROHIBITION ON CONSTRUCTION.— 

10 (1) IN GENERAL.—No funds provided pursuant 

11 to this section may be used for construction of new 

12 buildings or facilities for Hubs. Construction of new 

13 buildings or facilities shall not be considered as part 

14 of the non-Federal share of a Hub cost-sharing 

15 agreement. 

16 (2) TEST BED AND RENOVATION EXCEPTION.— 

17 Nothing in this subsection shall prohibit the use of 

18 funds provided pursuant to this section, or non-Fed19 eral cost share funds, for the construction of a test 

20 bed or renovations to existing buildings or facilities 

21 for the purposes of research if the Oversight Board 

22 determines that the test bed or renovations are lim23 ited to a scope and scale necessary for the research 

24 to be conducted. 


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1 (f) OVERSIGHT BOARD.—The Secretary shall estab2 lish and maintain within the Department an Oversight 

3 Board to oversee the progress of Hubs. 

4 (g) PRIORITY CONSIDERATION.—The Secretary shall 

5 give priority consideration to applications in which 1 or 

6 more of the institutions under subsection (b)(1)(A) are 

7 1890 Land Grant Institutions (as defined in section 2 of 

8 the Agricultural Research, Extension, and Education Re9 form Act of 1998 (7 U.S.C. 7061)), Predominantly Black 

10 Institutions (as defined in section 318 of the Higher Edu11 cation Act of 1965 (20 U.S.C. 1059e)), Tribal Colleges 

12 or Universities (as defined in section 316(b) of the Higher 

13 Education Act of 1965 (20 U.S.C. 1059c(b)), or Hispanic 

14 Serving Institutions (as defined in section 318 of the 

15 Higher Education Act of 1965 (20 U.S.C. 1059e)). 

16 (h) DEFINITIONS.—For purposes of this section: 

17 (1) ADVANCED ENERGY TECHNOLOGY.—The 

18 term ‘‘advanced energy technology’’ means an inno19 vative technology— 

20 (A) that produces energy from solar, wind, 

21 geothermal, biomass, tidal, wave, ocean, or 

22 other renewable energy resources; 

23 (B) that produces nuclear energy; 

24 (C) for carbon capture and sequestration; 


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1 (D) that enables advanced vehicles, vehicle 

2 components, and related technologies that re3 sult in significant energy savings; 

4 (E) that generates, transmits, distributes, 

5 utilizes, or stores energy more efficiently than 

6 conventional technologies, including through 

7 Smart Grid technologies; or 

8 (F) that enhances the energy independence 

9 and security of the United States by enabling 

10 improved or expanded supply and production of 

11 domestic energy resources, including coal, oil, 

12 and natural gas. 

13 (2) HUB.—The term ‘‘Hub’’ means an Energy 

14 Innovation Hub established in accordance with this 

15 section. 

16 (3) INSTITUTION OF HIGHER EDUCATION.—The 

17 term ‘‘institution of higher education’’ has the 

18 meaning given that term in section 101(a) of the 

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

20 (4) QUALIFYING ENTITY.—The term ‘‘quali21 fying entity’’ means— 

22 (A) an institution of higher education; 

23 (B) an appropriate State or Federal entity, 

24 including the Department of Energy Federally 

25 Funded Research and Development Centers; 


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1 (C) a nongovernmental organization with 

2 expertise in advanced energy technology re3 search, development, demonstration, or com4 mercial application; or 

5 (D) any other relevant entity the Secretary 

6 considers appropriate. 

7 (5) SECRETARY.—The term ‘‘Secretary’’ means 

8 the Secretary of Energy. 

9 (i) AUTHORIZATION OF APPROPRIATIONS.—There 

10 are authorized to be appropriated to the Secretary to carry 

11 out this section— 

12 (1) $110,000,000 for fiscal year 2011; 

13 (2) $135,000,000 for fiscal year 2012; 

14 (3) $195,000,000 for fiscal year 2013; 

15 (4) $210,000,000 for fiscal year 2014; and 

16 (5) $210,000,000 for fiscal year 2015. 

17 Subtitle D—Cooperative Research 

18 and Development Fund 

19 SEC. 641. SHORT TITLE. 

20 This subtitle may be cited as the ‘‘Cooperative Re21 search and Development Fund Authorization Act of 

22 2010’’. 


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1 SEC. 642. COOPERATIVE RESEARCH AND DEVELOPMENT 

2 FUND. 

3 (a) IN GENERAL.—The Secretary of Energy shall 

4 make funds available to Department of Energy National 

5 Laboratories for the Federal share of cooperative research 

6 and development agreements. The Secretary of Energy 

7 shall determine the apportionment of such funds to each 

8 Department of Energy National Laboratory and shall en9 sure that special consideration is given to small business 

10 firms and consortia involving small business firms in the 

11 selection process for which cooperative research and devel12 opment agreements will receive such funds. 

13 (b) REPORTING.—Each year the Secretary shall sub14 mit to Congress a report that describes how funds were 

15 expended under this subtitle. 

16 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

17 are authorized to be appropriated to the Secretary such 

18 sums as are necessary to carry out this section each fiscal 

19 year. No funds allocated for this section shall come from 

20 funds allocated for the Office of Science. 

21 Subtitle E—Technology Transfer 

22 Database 

23 SEC. 651. TECHNOLOGY TRANSFER DATABASE. 

24 To support the commercial application of new energy 

25 technologies development by the Department of Energy, 

26 the Secretary of Energy may establish an online database 


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1 of technologies, capabilities, and resources available to the 

2 public at the National Laboratories. 

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 Gath9 ering Storm’’ remain critical to maintaining long-term 

10 United States economic competitiveness, and accordingly 

11 shall receive 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 

15 Act— 

16 (1) institutions of higher education chartered to 

17 serve large numbers of students with disabilities, in18 cluding Gallaudet University, Landmark College, 

19 and the National Technical Institute for the Deaf, 

20 and institutions of higher education offering science, 

21 technology, engineering, and mathematics research 

22 and education activities and programs that serve 

23 veterans with disabilities, shall receive special consid24 eration in the review of any proposals by these insti25 tutions for funding under the research and eduVerDate Mar 15 2010 01:35 Jun 30, 2010 Jkt 089200 PO 00000 Frm 00274 Fmt 6652 Sfmt 6201 E:\BILLS\H5116.RFS H5116

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1 cation programs authorized in this Act to ensure 

2 that institutions of higher education chartered to or 

3 serving persons with disabilities benefit from such 

4 research and education activities and programs; and 

5 (2) agencies with respect to which appropria6 tions are authorized under this Act shall also con7 duct outreach to veterans with disabilities pursuing 

8 studies in science, technology, engineering, and 

9 mathematics to ensure that such veterans are aware 

10 of and benefit from the research and education ac11 tivities and programs authorized by this Act. 

12 SEC. 703. VETERANS AND SERVICE MEMBERS. 

13 In awarding scholarships and fellowships under this 

14 Act, an institution of higher education shall give pref15 erence to applications from veterans and service members, 

16 including those who have received or will receive the Af17 ghanistan Campaign Medal or the Iraq Campaign Medal 

18 as authorized by Public Law 108–234 (10 U.S.C. 1121 

19 note; 118 Stat. 655) and Executive Order No. 13363. 

20 SEC. 704. BUDGETARY EFFECTS. 

21 The budgetary effects of this Act, for the purpose of 

22 complying with the Statutory Pay-As-You-Go Act of 2010, 

23 shall be determined by reference to the latest statement 

24 titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 

25 Act, submitted for printing in the Congressional Record 


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1 by the Chairman of the House Budget Committee, pro2 vided that such statement has been submitted prior to the 

3 vote on passage. 

4 SEC. 705. LIMITATION. 

5 No funds authorized under this Act shall be used for 

6 the employment of, or shall be received by, any individual 

7 who has been convicted of, or pleaded guilty to, a crime 

8 of child molestation, rape, or any other form of sexual as9 sault. 

10 SEC. 706. PROHIBITION ON LOBBYING. 

11 Nothing in this Act shall be construed to supercede 

12 section 1913 of title 18, United States Code. 

13 SEC. 707. INFORMATION REQUESTS BY LABOR ORGANIZA14 TIONS. 

15 (a) ELIGIBILITY FOR FUNDS.—Notwithstanding any 

16 other provision of this Act, a public institution of higher 

17 education that employs employees who are represented by 

18 a labor organization and perform work on an activity or 

19 program supported by this Act or an amendment made 

20 by this Act shall be eligible to receive funding for facilities 

21 and administrative costs for any activity or program sup22 ported by this Act or the amendments made by this Act 

23 only if the institution maintains a policy that meets the 

24 requirements set forth in subsection (b). 


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1 (b) REQUIREMENTS.—A policy described under sub2 section (a) shall require that the institution provide, within 

3 15 days of receipt of a request by a labor organization 

4 representing the employees of the institution described in 

5 subsection (a), any information which the labor organiza6 tion has a lawful right to obtain under applicable labor 

7 laws. Such a policy shall provide that, on a case-by-case 

8 basis, such 15 days may be extended to a longer time pe9 riod by mutual agreement of the labor organization and 

10 the institution. 

11 (c) FAILURE TO COMPLY WITH POLICY.— 

12 (1) COMPLAINT OF NONCOMPLIANCE.—In the 

13 case of an institution of higher education that does 

14 not provide information requested by a labor organi15 zation in compliance with the requirements of a pol16 icy described in subsections (a) and (b), the labor or17 ganization may file a complaint of noncompliance 

18 with the head of the agency overseeing any activity 

19 or program supported by this Act or the amend20 ments made by this Act for which the institution is 

21 receiving funds. 

22 (2) NOTIFICATION TO INSTITUTION.—Upon re23 ceiving such a complaint, the head of such agency 

24 shall notify the institution of the complaint and pro25 vide the institution an additional 30 days to provide 


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1 the requested information to the labor organization 

2 or otherwise explain why the complaint of non-com3 pliance is not valid. 

4 (3) AGENCY ACTION.—If the information has 

5 not been provided by the institution at the conclu6 sion of such 30 day period and the head of such 

7 agency determines the complaint to be valid, the 

8 head of such agency shall suspend payment of any 

9 funds for facilities and administrative costs that 

10 would otherwise be available to such institution for 

11 all activities and programs supported by this Act 

12 and the amendments made by this Act until such 

13 time as the requested information has been provided 

14 by the institution. 

15 (d) DEFINITIONS.—For purposes of this section— 

16 (1) the term ‘‘institution of higher education’’ 

17 has the meaning given such term in section 101(a) 

18 of the Higher Education Act of 1965 (20 U.S.C. 

19 1001(a)), except that such term does not include a 

20 private institution of higher education; and 

21 (2) the term ‘‘facilities and administrative 

22 costs’’ means facilities and administrative (F&A) 

23 costs as defined in the Office of Management and 

24 Budget Revised Circular A–21 (Cost Principles for 


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1 Educational Institutions, published in the Federal 

2 Register on May 10, 2004). 

3 (e) EFFECTIVE DATE.—This section shall take effect 

4 on January 1, 2011. 

5 SEC. 708. LIMITATION. 

6 No funds authorized to be appropriated by this Act 

7 or the amendments made by this Act may be used to pur8 chase gift items, knickknacks, souvenirs, trinkets, or other 

9 items without direct educational value. 

10 SEC. 709. NO SALARIES FOR VIEWING PORNOGRAPHY. 

11 None of the funds authorized under this Act may be 

12 used to pay the salary of any individual who has been offi13 cially disciplined for violations of subpart G of the Stand14 ards of Ethical Conduct for Employees of the Executive 

15 Branch for viewing, downloading, or exchanging pornog16 raphy, including child pornography, on a Federal Govern17 ment computer or while performing official Federal Gov18 ernment duties. 

19 SEC. 710. INELIGIBILITY FOR AWARDS OR GRANTS. 

20 None of the funds authorized under this Act shall be 

21 available to make awards to or provide grants for an insti22 tution of higher education under this Act if that institu23 tion is prevented from receiving funds for contracts or 


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1 grants for education under section 983 of title 10, United 

2 States Code. 

Passed the House of Representatives May 28, 2010. 

Attest: LORRAINE C. MILLER, 

Clerk. 


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