I 

111TH CONGRESS 

2D SESSION H. R. 5116 

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

competitiveness of the United States, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 22, 2010 

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

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

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

as fall within the jurisdiction of the committee concerned 

A BILL 

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, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

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

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

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 


srobinson on DSKHWCL6B1PROD with BILLS
2 

•HR 5116 IH

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. 

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. 

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. 

Sec. 224. Strengthening institutional research partnerships. 

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

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

the Foundation. 

Sec. 227. Partnerships for innovation. 

Sec. 228. Prize awards. 

Subtitle C—STEM Education and Workforce Training 

Sec. 241. Graduate student support. 

Sec. 242. Postdoctoral fellowship in STEM education research. 

Sec. 243. Robert Noyce Teacher Scholarship Program. 


srobinson on DSKHWCL6B1PROD with BILLS
3 

•HR 5116 IH

Sec. 244. Institutions serving persons with disabilities. 

Sec. 245. Institutional integration. 

Sec. 246. Postdoctoral research fellowships. 

Sec. 247. Broadening participation training and outreach. 

Sec. 248. Transforming undergraduate education in STEM. 

Sec. 249. 21st century graduate education. 

Sec. 250. Undergraduate Broadening Participation Program. 

Sec. 251. Grand challenges in education research. 

Sec. 252. Research experiences for undergraduates. 

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. 

TITLE IV—NATIONAL INSTITUTE OF STANDARDS AND 

TECHNOLOGY 

Sec. 401. Short title. 

Sec. 402. Authorization of appropriations. 

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

Sec. 404. Reorganization of NIST laboratories. 

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

Sec. 406. Manufacturing extension partnership. 

Sec. 407. Bioscience Research Program. 

Sec. 408. TIP Advisory Board. 

Sec. 409. Underrepresented minorities. 

Sec. 410. Cyber security standards and guidelines. 

Sec. 411. 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. 

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. 


srobinson on DSKHWCL6B1PROD with BILLS
4 

•HR 5116 IH

Subtitle C—Energy Innovation Hubs 

Sec. 631. Short title. 

Sec. 632. Energy Innovation Hubs. 

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 as22 sessing progress toward the objectives, and that de23 scribes— 


srobinson on DSKHWCL6B1PROD with BILLS
5 

•HR 5116 IH

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

2 out of the laboratory and into applications for 

3 the benefit of society, including through co4 operation and collaborations with nanotechnol5 ogy research, development, and technology tran6 sition initiatives supported by the States; 

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

8 support interdisciplinary research and develop9 ment in nanotechnology; and 

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

11 importance in accordance with the requirements 

12 of section 105 of the National Nanotechnology 

13 Initiative Amendments Act of 2010;’’; 

14 (2) in section 2— 

15 (A) in subsection (d)— 

16 (i) by redesignating paragraphs (1) 

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

18 respectively; and 

19 (ii) by inserting the following new 

20 paragraph before paragraph (2), as so re21 designated by clause (i) of this subpara22 graph: 

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

24 year, for each agency that participates in the Pro25 gram, including a breakout of spending for the deVerDate Nov 24 2008 23:06 Apr 22, 2010 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H5116.IH H5116

srobinson on DSKHWCL6B1PROD with BILLS
6 

•HR 5116 IH

1 velopment and acquisition of research facilities and 

2 instrumentation, for each program component area, 

3 and for all activities pursuant to subsection 

4 (b)(10);’’; and 

5 (B) by inserting at the end the following 

6 new subsection: 

7 ‘‘(e) STANDARDS SETTING.—The agencies partici8 pating in the Program shall support the activities of com9 mittees involved in the development of standards for nano10 technology and may reimburse the travel costs of scientists 

11 and engineers who participate in activities of such commit12 tees.’’; 

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

14 following new subsection: 

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

16 Nanotechnology Coordination Office shall be supported by 

17 funds from each agency participating in the Program. The 

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

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

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

21 for the previous fiscal year, as specified in the report re22 quired under section 2(d)(1). 

23 ‘‘(2) The annual report under section 2(d) shall in24 clude— 


srobinson on DSKHWCL6B1PROD with BILLS
7 

•HR 5116 IH

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

2 the National Nanotechnology Coordination Office to 

3 perform the functions specified under subsection (a) 

4 for the next fiscal year by category of activity, in5 cluding the funding required to carry out the re6 quirements of section 2(b)(10)(D), subsection (d) of 

7 this section, and section 5; 

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

9 such Office to perform the functions specified under 

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

11 of activity, including the funding required to carry 

12 out the requirements of subsection (d); and 

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

14 Office for the current fiscal year by each agency par15 ticipating in the Program.’’; 

16 (4) by inserting at the end of section 3 the fol17 lowing new subsection: 

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

19 Nanotechnology Coordination Office shall develop and 

20 maintain a database accessible by the public of projects 

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

22 Education and Societal Dimensions, and the Nanomanu23 facturing program component areas, or any successor pro24 gram component areas, including a description of each 

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


srobinson on DSKHWCL6B1PROD with BILLS
8 

•HR 5116 IH

1 history. For the Environmental, Health, and Safety pro2 gram component area, or any successor program compo3 nent area, projects shall be grouped by major objective as 

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

5 of the National Nanotechnology Initiative Amendments 

6 Act of 2010. For the Education and Societal Dimensions 

7 program component area, or any successor program com8 ponent area, the projects shall be grouped in subcategories 

9 of— 

10 ‘‘(A) education in formal settings; 

11 ‘‘(B) education in informal settings; 

12 ‘‘(C) public outreach; and 

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

14 ‘‘(2) The National Nanotechnology Coordination Of15 fice shall develop, maintain, and publicize information on 

16 nanotechnology facilities supported under the Program, 

17 and may include information on nanotechnology facilities 

18 supported by the States, that are accessible for use by in19 dividuals from academic institutions and from industry. 

20 The information shall include at a minimum the terms and 

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

22 capabilities of the instruments and equipment available for 

23 use at the facility, and a description of the technical sup24 port available to assist users of the facility.’’; 

25 (5) in section 4(a)— 


srobinson on DSKHWCL6B1PROD with BILLS
9 

•HR 5116 IH

1 (A) by striking ‘‘or designate’’; 

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

3 after ‘‘Advisory Panel’’; and 

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

5 Panel shall form a subpanel with membership 

6 having specific qualifications tailored to enable 

7 it to carry out the requirements of subsection 

8 (c)(7).’’; 

9 (6) in section 4(b)— 

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

11 designating’’; and 

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

13 ‘‘At least one member of the Advisory Panel 

14 shall be an individual employed by and rep15 resenting a minority-serving institution.’’; 

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

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

18 NANOTECHNOLOGY PROGRAM. 

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

20 Nanotechnology Coordination Office shall enter into an ar21 rangement with the National Research Council of the Na22 tional Academy of Sciences to conduct a triennial review 

23 of the Program. The Director shall ensure that the ar24 rangement with the National Research Council is con25 cluded in order to allow sufficient time for the reporting 


srobinson on DSKHWCL6B1PROD with BILLS
10 

•HR 5116 IH

1 requirements of subsection (b) to be satisfied. Each tri2 ennial review shall include an evaluation of the— 

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

4 the Program, including whether the allocation of 

5 funding among program component areas, as des6 ignated according to section 2(c)(2), is appropriate; 

7 ‘‘(2) effectiveness of the Program’s manage8 ment and coordination across agencies and dis9 ciplines, including an assessment of the effectiveness 

10 of the National Nanotechnology Coordination Office; 

11 ‘‘(3) Program’s scientific and technological ac12 complishments and its success in transferring tech13 nology to the private sector; and 

14 ‘‘(4) adequacy of the Program’s activities ad15 dressing ethical, legal, environmental, and other ap16 propriate societal concerns, including human health 

17 concerns. 

18 ‘‘(b) EVALUATION TO BE TRANSMITTED TO CON19 GRESS.—The National Research Council shall document 

20 the results of each triennial review carried out in accord21 ance with subsection (a) in a report that includes any rec22 ommendations for ways to improve the Program’s man23 agement and coordination processes and for changes to 

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

25 content. Each report shall be submitted to the Director 


srobinson on DSKHWCL6B1PROD with BILLS
11 

•HR 5116 IH

1 of the National Nanotechnology Coordination Office, who 

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

3 Commerce, Science, and Transportation of the Senate, 

4 and the Committee on Science and Technology of the 

5 House of Representatives not later than September 30 of 

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

7 2010. 

8 ‘‘(c) FUNDING.—Of the amounts provided in accord9 ance with section 3(b)(1), the following amounts shall be 

10 available to carry out this section: 

11 ‘‘(1) $500,000 for fiscal year 2010. 

12 ‘‘(2) $500,000 for fiscal year 2011. 

13 ‘‘(3) $500,000 for fiscal year 2012.’’; and 

14 (8) in section 10— 

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

16 follows: 

17 ‘‘(2) NANOTECHNOLOGY.—The term ‘nanotech18 nology’ means the science and technology that will 

19 enable one to understand, measure, manipulate, and 

20 manufacture at the nanoscale, aimed at creating ma21 terials, devices, and systems with fundamentally new 

22 properties or functions.’’; and 

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

24 paragraph: 


srobinson on DSKHWCL6B1PROD with BILLS
12 

•HR 5116 IH

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

2 one or more dimensions of between approximately 1 

3 and 100 nanometers.’’. 

4 SEC. 103. SOCIETAL DIMENSIONS OF NANOTECHNOLOGY. 

5 (a) COORDINATOR FOR SOCIETAL DIMENSIONS OF

6 NANOTECHNOLOGY.—The Director of the Office of 

7 Science and Technology Policy shall designate an associate 

8 director of the Office of Science and Technology Policy 

9 as the Coordinator for Societal Dimensions of Nanotech10 nology. The Coordinator shall be responsible for oversight 

11 of the coordination, planning, and budget prioritization of 

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

13 Nanotechnology Research and Development Act (15 

14 U.S.C. 7501(b)(10)). The Coordinator shall, with the as15 sistance of appropriate senior officials of the agencies 

16 funding activities within the Environmental, Health, and 

17 Safety and the Education and Societal Dimensions pro18 gram component areas of the Program, or any successor 

19 program component areas, ensure that the requirements 

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

21 of the Coordinator shall include— 

22 (1) ensuring that a research plan for the envi23 ronmental, health, and safety research activities re24 quired under subsection (b) is developed, updated, 

25 and implemented and that the plan is responsive to 


srobinson on DSKHWCL6B1PROD with BILLS
13 

•HR 5116 IH

1 the recommendations of the subpanel of the Advi2 sory Panel established under section 4(a) of the 21st 

3 Century Nanotechnology Research and Development 

4 Act (15 U.S.C. 7503(a)), as amended by this sub5 title; 

6 (2) encouraging and monitoring the efforts of 

7 the agencies participating in the Program to allocate 

8 the level of resources and management attention 

9 necessary to ensure that the ethical, legal, environ10 mental, and other appropriate societal concerns re11 lated to nanotechnology, including human health 

12 concerns, are addressed under the Program, includ13 ing the implementation of the research plan de14 scribed in subsection (b); and 

15 (3) encouraging the agencies required to de16 velop the research plan under subsection (b) to iden17 tify, assess, and implement suitable mechanisms for 

18 the establishment of public-private partnerships for 

19 support of environmental, health, and safety re20 search. 

21 (b) RESEARCH PLAN.— 

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

23 Dimensions of Nanotechnology shall convene and 

24 chair a panel comprised of representatives from the 

25 agencies funding research activities under the EnviVerDate Nov 24 2008 23:06 Apr 22, 2010 Jkt 089200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H5116.IH H5116

srobinson on DSKHWCL6B1PROD with BILLS
14 

•HR 5116 IH

1 ronmental, Health, and Safety program component 

2 area of the Program, or any successor program com3 ponent area, and from such other agencies as the 

4 Coordinator considers necessary to develop, periodi5 cally update, and coordinate the implementation of 

6 a research plan for this program component area. In 

7 developing and updating the plan, the panel con8 vened by the Coordinator shall solicit and be respon9 sive to recommendations and advice from— 

10 (A) the subpanel of the Advisory Panel es11 tablished under section 4(a) of the 21st Cen12 tury Nanotechnology Research and Develop13 ment Act (15 U.S.C. 7503(a)), as amended by 

14 this subtitle; and 

15 (B) the agencies responsible for environ16 mental, health, and safety regulations associ17 ated with the production, use, and disposal of 

18 nanoscale materials and products. 

19 (2) DEVELOPMENT OF STANDARDS.—The plan 

20 required under paragraph (1) shall include a de21 scription of how the Program will help to ensure the 

22 development of— 

23 (A) standards related to nomenclature as24 sociated with engineered nanoscale materials; 


srobinson on DSKHWCL6B1PROD with BILLS
15 

•HR 5116 IH

1 (B) engineered nanoscale standard ref2 erence materials for environmental, health, and 

3 safety testing; and 

4 (C) standards related to methods and pro5 cedures for detecting, measuring, monitoring, 

6 sampling, and testing engineered nanoscale ma7 terials for environmental, health, and safety im8 pacts. 

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

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

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

12 (A) specify near-term research objectives 

13 and long-term research objectives; 

14 (B) specify milestones associated with each 

15 near-term objective and the estimated time and 

16 resources required to reach each milestone; 

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

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

19 out or sponsoring research in order to meet the 

20 objectives specified under subparagraph (A) and 

21 to achieve the milestones specified under sub22 paragraph (B); 

23 (D) specify the funding allocated to each 

24 major objective of the plan and the source of 


srobinson on DSKHWCL6B1PROD with BILLS
16 

•HR 5116 IH

1 funding by agency for the current fiscal year; 

2 and 

3 (E) estimate the funding required for each 

4 major objective of the plan and the source of 

5 funding by agency for the following 3 fiscal 

6 years. 

7 (4) TRANSMITTAL TO CONGRESS.—The plan re8 quired under paragraph (1) shall be submitted not 

9 later than 60 days after the date of enactment of 

10 this Act to the Committee on Commerce, Science, 

11 and Transportation of the Senate and the Com12 mittee on Science and Technology of the House of 

13 Representatives. 

14 (5) UPDATING AND APPENDING TO REPORT.— 

15 The plan required under paragraph (1) shall be up16 dated annually and appended to the report required 

17 under section 2(d) of the 21st Century Nanotechnol18 ogy Research and Development Act (15 U.S.C. 

19 7501(d)). 

20 (c) NANOTECHNOLOGY PARTNERSHIPS.— 

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

22 authorized by section 9 of the National Science 

23 Foundation Authorization Act of 2002, the Director 

24 of the National Science Foundation shall provide 1 

25 or more grants to establish partnerships as defined 


srobinson on DSKHWCL6B1PROD with BILLS
17 

•HR 5116 IH

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

2 such partnership shall include 1 or more businesses 

3 engaged in the production of nanoscale materials, 

4 products, or devices. Partnerships established in ac5 cordance with this subsection shall be designated as 

6 ‘‘Nanotechnology Education Partnerships’’. 

7 (2) PURPOSE.—Nanotechnology Education 

8 Partnerships shall be designed to recruit and help 

9 prepare secondary school students to pursue postsec10 ondary level courses of instruction in nanotechnol11 ogy. At a minimum, grants shall be used to sup12 port— 

13 (A) professional development activities to 

14 enable secondary school teachers to use cur15 ricular materials incorporating nanotechnology 

16 and to inform teachers about career possibilities 

17 for students in nanotechnology; 

18 (B) enrichment programs for students, in19 cluding access to nanotechnology facilities and 

20 equipment at partner institutions, to increase 

21 their understanding of nanoscale science and 

22 technology and to inform them about career 

23 possibilities in nanotechnology as scientists, en24 gineers, and technicians; and 


srobinson on DSKHWCL6B1PROD with BILLS
18 

•HR 5116 IH

1 (C) identification of appropriate nanotech2 nology educational materials and incorporation 

3 of nanotechnology into the curriculum for sec4 ondary school students at one or more organiza5 tions participating in a Partnership. 

6 (3) SELECTION.—Grants under this subsection 

7 shall be awarded in accordance with subsection (b) 

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

9 that subsection shall not apply. 

10 (d) UNDERGRADUATE EDUCATION PROGRAMS.— 

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

12 activities included under the Education and Societal 

13 Dimensions program component area, or any suc14 cessor program component area, the Program shall 

15 support efforts to introduce nanoscale science, engi16 neering, and technology into undergraduate science 

17 and engineering education through a variety of 

18 interdisciplinary approaches. Activities supported 

19 may include— 

20 (A) development of courses of instruction 

21 or modules to existing courses; 

22 (B) faculty professional development; and 

23 (C) acquisition of equipment and instru24 mentation suitable for undergraduate education 

25 and research in nanotechnology. 


srobinson on DSKHWCL6B1PROD with BILLS
19 

•HR 5116 IH

1 (2) COURSE, CURRICULUM, AND LABORATORY

2 IMPROVEMENT AUTHORIZATION.—There are author3 ized to be appropriated to the Director of the Na4 tional Science Foundation to carry out activities de5 scribed in paragraph (1) through the Course, Cur6 riculum, and Laboratory Improvement program 

7 from amounts authorized under section 

8 7002(c)(2)(B) of the America COMPETES Act, 

9 $5,000,000 for fiscal year 2010. 

10 (3) ADVANCED TECHNOLOGY EDUCATION AU11 THORIZATION.—There are authorized to be appro12 priated to the Director of the National Science 

13 Foundation to carry out activities described in para14 graph (1) through the Advanced Technology Edu15 cation program from amounts authorized under sec16 tion 7002(c)(2)(B) of the America COMPETES Act, 

17 $5,000,000 for fiscal year 2010. 

18 (e) INTERAGENCY WORKING GROUP.—The National 

19 Science and Technology Council shall establish under the 

20 Nanoscale Science, Engineering, and Technology Sub21 committee an Education Working Group to coordinate, 

22 prioritize, and plan the educational activities supported 

23 under the Program. 

24 (f) SOCIETAL DIMENSIONS IN NANOTECHNOLOGY

25 EDUCATION ACTIVITIES.—Activities supported under the 


srobinson on DSKHWCL6B1PROD with BILLS
20 

•HR 5116 IH

1 Education and Societal Dimensions program component 

2 area, or any successor program component area, that in3 volve informal, precollege, or undergraduate nanotechnol4 ogy education shall include education regarding the envi5 ronmental, health and safety, and other societal aspects 

6 of nanotechnology. 

7 (g) REMOTE ACCESS TO NANOTECHNOLOGY FACILI8 TIES.—(1) Agencies supporting nanotechnology research 

9 facilities as part of the Program shall require the entities 

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

11 and support the costs associated with the provision of such 

12 access, by secondary school students and teachers, to in13 struments and equipment within such facilities for edu14 cational purposes. The agencies may waive this require15 ment for cases when particular facilities would be inappro16 priate for educational purposes or the costs for providing 

17 such access would be prohibitive. 

18 (2) The agencies identified in paragraph (1) shall re19 quire the entities that operate such nanotechnology re20 search facilities to establish and publish procedures, guide21 lines, and conditions for the submission and approval of 

22 applications for the use of the facilities for the purpose 

23 identified in paragraph (1) and shall authorize personnel 

24 who operate the facilities to provide necessary technical 

25 support to students and teachers. 


srobinson on DSKHWCL6B1PROD with BILLS
21 

•HR 5116 IH

1 SEC. 104. TECHNOLOGY TRANSFER. 

2 (a) PROTOTYPING.— 

3 (1) ACCESS TO FACILITIES.—In accordance 

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

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

6 7501(b)(7)), the agencies supporting nanotechnology 

7 research facilities as part of the Program shall pro8 vide access to such facilities to companies for the 

9 purpose of assisting the companies in the develop10 ment of prototypes of nanoscale products, devices, or 

11 processes (or products, devices, or processes enabled 

12 by nanotechnology) for determining proof of concept. 

13 The agencies shall publicize the availability of these 

14 facilities and encourage their use by companies as 

15 provided for in this section. 

16 (2) PROCEDURES.—The agencies identified in 

17 paragraph (1)— 

18 (A) shall establish and publish procedures, 

19 guidelines, and conditions for the submission 

20 and approval of applications for use of nano21 technology facilities; 

22 (B) shall publish descriptions of the capa23 bilities of facilities available for use under this 

24 subsection, including the availability of tech25 nical support; and 


srobinson on DSKHWCL6B1PROD with BILLS
22 

•HR 5116 IH

1 (C) may waive recovery, require full recov2 ery, or require partial recovery of the costs as3 sociated with use of the facilities for projects 

4 under this subsection. 

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

6 less than full cost recovery is required pursuant to 

7 paragraph (2)(C), projects provided access to nano8 technology facilities in accordance with this sub9 section shall be selected through a competitive, 

10 merit-based process, and the criteria for the selec11 tion of such projects shall include at a minimum— 

12 (A) the readiness of the project for tech13 nology demonstration; 

14 (B) evidence of a commitment by the ap15 plicant for further development of the project to 

16 full commercialization if the proof of concept is 

17 established by the prototype; and 

18 (C) evidence of the potential for further 

19 funding from private sector sources following 

20 the successful demonstration of proof of con21 cept. 

22 The agencies may give special consideration in se23 lecting projects to applications that are relevant to 

24 important national needs or requirements. 


srobinson on DSKHWCL6B1PROD with BILLS
23 

•HR 5116 IH

1 (b) USE OF EXISTING TECHNOLOGY TRANSFER PRO2 GRAMS.— 

3 (1) PARTICIPATING AGENCIES.—Each agency 

4 participating in the Program shall— 

5 (A) encourage the submission of applica6 tions for support of nanotechnology related 

7 projects to the Small Business Innovation Re8 search Program and the Small Business Tech9 nology Transfer Program administered by such 

10 agencies; and 

11 (B) through the National Nanotechnology 

12 Coordination Office and within 6 months after 

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

14 Committee on Commerce, Science, and Trans15 portation of the Senate and the Committee on 

16 Science and Technology of the House of Rep17 resentatives— 

18 (i) the plan described in section 

19 2(c)(7) of the 21st Century Nanotechnol20 ogy Research and Development Act (15 

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

22 (ii) a report specifying, if the agency 

23 administers a Small Business Innovation 

24 Research Program and a Small Business 

25 Technology Transfer Program— 


srobinson on DSKHWCL6B1PROD with BILLS
24 

•HR 5116 IH

1 (I) the number of proposals re2 ceived for nanotechnology related 

3 projects during the current fiscal year 

4 and the previous 2 fiscal years; 

5 (II) the number of such pro6 posals funded in each year; 

7 (III) the total number of nano8 technology related projects funded and 

9 the amount of funding provided for 

10 fiscal year 2004 through fiscal year 

11 2008; and 

12 (IV) a description of the projects 

13 identified in accordance with sub14 clause (III) which received private sec15 tor funding beyond the period of 

16 phase II support. 

17 (2) NATIONAL INSTITUTE OF STANDARDS AND

18 TECHNOLOGY.—The Director of the National Insti19 tute of Standards and Technology in carrying out 

20 the requirements of section 28 of the National Insti21 tute of Standards and Technology Act (15 U.S.C. 

22 278n) shall— 

23 (A) in regard to subsection (d) of that sec24 tion, encourage the submission of proposals for 

25 support of nanotechnology related projects; and 


srobinson on DSKHWCL6B1PROD with BILLS
25 

•HR 5116 IH

1 (B) in regard to subsection (g) of that sec2 tion, include a description of how the require3 ment of subparagraph (A) of this paragraph is 

4 being met, the number of proposals for nano5 technology related projects received, the number 

6 of such proposals funded, the total number of 

7 such projects funded since the beginning of the 

8 Technology Innovation Program, and the out9 comes of such funded projects in terms of the 

10 metrics developed in accordance with such sub11 section (g). 

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

13 Board established under section 28(k) of the Na14 tional Institute of Standards and Technology Act 

15 (15 U.S.C. 278n(k)), in carrying out its responsibil16 ities under subsection (k)(3), shall provide the Di17 rector of the National Institute of Standards and 

18 Technology with— 

19 (A) advice on how to accomplish the re20 quirement of paragraph (2)(A) of this sub21 section; and 

22 (B) an assessment of the adequacy of the 

23 allocation of resources for nanotechnology re24 lated projects supported under the Technology 

25 Innovation Program. 


srobinson on DSKHWCL6B1PROD with BILLS
26 

•HR 5116 IH

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

2 Program shall be to establish industry liaison groups for 

3 all industry sectors that would benefit from applications 

4 of nanotechnology. The Nanomanufacturing, Industry Li5 aison, and Innovation Working Group of the National 

6 Science and Technology Council shall actively pursue es7 tablishing such liaison groups. 

8 (d) COORDINATION WITH STATE INITIATIVES.—Sec9 tion 2(b)(5) of the 21st Century Nanotechnology Research 

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

11 to read as follows: 

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

13 the development and application of nanotechnology, 

14 including through coordination and leveraging Fed15 eral investments with nanotechnology research, de16 velopment, and technology transition initiatives sup17 ported by the States;’’. 

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

19 (a) IN GENERAL.—The Program shall include sup20 port for nanotechnology research and development activi21 ties directed toward application areas that have the poten22 tial for significant contributions to national economic com23 petitiveness and for other significant societal benefits. The 

24 activities supported shall be designed to advance the devel25 opment of research discoveries by demonstrating technical 


srobinson on DSKHWCL6B1PROD with BILLS
27 

•HR 5116 IH

1 solutions to important problems in such areas as nano2 electronics, energy efficiency, health care, and water reme3 diation and purification. The Advisory Panel shall make 

4 recommendations to the Program for candidate research 

5 and development areas for support under this section. 

6 (b) CHARACTERISTICS.— 

7 (1) IN GENERAL.—Research and development 

8 activities under this section shall— 

9 (A) include projects selected on the basis 

10 of applications for support through a competi11 tive, merit-based process; 

12 (B) involve collaborations among research13 ers in academic institutions and industry, and 

14 may involve nonprofit research institutions and 

15 Federal laboratories, as appropriate; 

16 (C) when possible, leverage Federal invest17 ments through collaboration with related State 

18 initiatives; and 

19 (D) include a plan for fostering the trans20 fer of research discoveries and the results of 

21 technology demonstration activities to industry 

22 for commercial development. 

23 (2) PROCEDURES.—Determination of the re24 quirements for applications under this subsection, 

25 review and selection of applications for support, and 


srobinson on DSKHWCL6B1PROD with BILLS
28 

•HR 5116 IH

1 subsequent funding of projects shall be carried out 

2 by a collaboration of no fewer than 2 agencies par3 ticipating in the Program. In selecting applications 

4 for support, the agencies shall give special consider5 ation to projects that include cost sharing from non6 Federal sources. 

7 (3) INTERDISCIPLINARY RESEARCH CENTERS.— 

8 Research and development activities under this sec9 tion may be supported through interdisciplinary 

10 nanotechnology research centers, as authorized by 

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

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

13 7501(b)(4)), that are organized to investigate basic 

14 research questions and carry out technology dem15 onstration activities in areas such as those identified 

16 in subsection (a). 

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

18 the 21st Century Nanotechnology Research and Develop19 ment Act (15 U.S.C. 7501(d)) shall include a description 

20 of research and development areas supported in accord21 ance with this section, including the same budget informa22 tion as is required for program component areas under 

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


srobinson on DSKHWCL6B1PROD with BILLS
29 

•HR 5116 IH

1 SEC. 106. NANOMANUFACTURING RESEARCH. 

2 (a) RESEARCH AREAS.—The Nanomanufacturing 

3 program component area, or any successor program com4 ponent area, shall include research on— 

5 (1) development of instrumentation and tools 

6 required for the rapid characterization of nanoscale 

7 materials and for monitoring of nanoscale manufac8 turing processes; and 

9 (2) approaches and techniques for scaling the 

10 synthesis of new nanoscale materials to achieve in11 dustrial-level production rates. 

12 (b) GREEN NANOTECHNOLOGY.—Interdisciplinary 

13 research centers supported under the Program in accord14 ance with section 2(b)(4) of the 21st Century Nanotech15 nology Research and Development Act (15 U.S.C. 

16 7501(b)(4)) that are focused on nanomanufacturing re17 search and centers established under the authority of sec18 tion 105(b)(3) of this subtitle shall include as part of the 

19 activities of such centers— 

20 (1) research on methods and approaches to de21 velop environmentally benign nanoscale products and 

22 nanoscale manufacturing processes, taking into con23 sideration relevant findings and results of research 

24 supported under the Environmental, Health, and 

25 Safety program component area, or any successor 

26 program component area; 


srobinson on DSKHWCL6B1PROD with BILLS
30 

•HR 5116 IH

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

2 research to industry; and 

3 (3) providing for the education of scientists and 

4 engineers through interdisciplinary studies in the 

5 principles and techniques for the design and develop6 ment of environmentally benign nanoscale products 

7 and processes. 

8 (c) REVIEW OF NANOMANUFACTURING RESEARCH

9 AND RESEARCH FACILITIES.— 

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

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

12 National Nanotechnology Coordination Office shall 

13 sponsor a public meeting, including representation 

14 from a wide range of industries engaged in 

15 nanoscale manufacturing, to— 

16 (A) obtain the views of participants at the 

17 meeting on— 

18 (i) the relevance and value of the re19 search being carried out under the Nano20 manufacturing program component area of 

21 the Program, or any successor program 

22 component area; and 

23 (ii) whether the capabilities of nano24 technology research facilities supported 

25 under the Program are adequate— 


srobinson on DSKHWCL6B1PROD with BILLS
31 

•HR 5116 IH

1 (I) to meet current and near2 term requirements for the fabrication 

3 and characterization of nanoscale de4 vices and systems; and 

5 (II) to provide access to and use 

6 of instrumentation and equipment at 

7 the facilities, by means of networking 

8 technology, to individuals who are at 

9 locations remote from the facilities; 

10 and 

11 (B) receive any recommendations on ways 

12 to strengthen the research portfolio supported 

13 under the Nanomanufacturing program compo14 nent area, or any successor program component 

15 area, and on improving the capabilities of nano16 technology research facilities supported under 

17 the Program. 

18 Companies participating in industry liaison groups 

19 shall be invited to participate in the meeting. The 

20 Coordination Office shall prepare a report docu21 menting the findings and recommendations resulting 

22 from the meeting. 

23 (2) ADVISORY PANEL REVIEW.—The Advisory 

24 Panel shall review the Nanomanufacturing program 

25 component area of the Program, or any successor 


srobinson on DSKHWCL6B1PROD with BILLS
32 

•HR 5116 IH

1 program component area, and the capabilities of 

2 nanotechnology research facilities supported under 

3 the Program to assess— 

4 (A) whether the funding for the Nano5 manufacturing program component area, or any 

6 successor program component area, is adequate 

7 and receiving appropriate priority within the 

8 overall resources available for the Program; 

9 (B) the relevance of the research being 

10 supported to the identified needs and require11 ments of industry; 

12 (C) whether the capabilities of nanotech13 nology research facilities supported under the 

14 Program are adequate— 

15 (i) to meet current and near-term re16 quirements for the fabrication and charac17 terization of nanoscale devices and sys18 tems; and 

19 (ii) to provide access to and use of in20 strumentation and equipment at the facili21 ties, by means of networking technology, to 

22 individuals who are at locations remote 

23 from the facilities; and 

24 (D) the level of funding that would be 

25 needed to support— 


srobinson on DSKHWCL6B1PROD with BILLS
33 

•HR 5116 IH

1 (i) the acquisition of instrumentation, 

2 equipment, and networking technology suf3 ficient to provide the capabilities at nano4 technology research facilities described in 

5 subparagraph (C); and 

6 (ii) the operation and maintenance of 

7 such facilities. 

8 In carrying out its assessment, the Advisory Panel 

9 shall take into consideration the findings and rec10 ommendations from the report required under para11 graph (1). 

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

13 the date of enactment of this Act, the Advisory 

14 Panel shall submit to the Committee on Commerce, 

15 Science, and Transportation of the Senate and the 

16 Committee on Science and Technology of the House 

17 of Representatives a report on its assessment re18 quired under paragraph (2), along with any rec19 ommendations and a copy of the report prepared in 

20 accordance with paragraph (1). 

21 SEC. 107. DEFINITIONS. 

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

23 of the 21st Century Nanotechnology Research and Devel24 opment Act (15 U.S.C. 7509) have the meaning given 

25 those terms in that section. 


srobinson on DSKHWCL6B1PROD with BILLS
34 

•HR 5116 IH

1 Subtitle B—Networking and Infor2 mation Technology Research 

3 and Development 

4 SEC. 111. SHORT TITLE. 

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

6 Information Technology Research and Development Act of 

7 2010’’. 

8 SEC. 112. PROGRAM PLANNING AND COORDINATION. 

9 (a) PERIODIC REVIEWS.—Section 101 of the High10 Performance Computing Act of 1991 (15 U.S.C. 5511) 

11 is amended by adding at the end the following new sub12 section: 

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

14 subsection (a)(3)(B) shall— 

15 ‘‘(1) periodically assess the contents and fund16 ing levels of the Program Component Areas and re17 structure the Program when warranted, taking into 

18 consideration any relevant recommendations of the 

19 advisory committee established under subsection (b); 

20 and 

21 ‘‘(2) ensure that the Program includes large22 scale, long-term, interdisciplinary research and de23 velopment activities, including activities described in 

24 section 104.’’. 


srobinson on DSKHWCL6B1PROD with BILLS
35 

•HR 5116 IH

1 (b) DEVELOPMENT OF STRATEGIC PLAN.—Section 

2 101 of such Act (15 U.S.C. 5511) is amended further by 

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

4 of this section, the following new subsection: 

5 ‘‘(e) STRATEGIC PLAN.— 

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

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

8 Science and Technology Council and with the assist9 ance of the National Coordination Office established 

10 under section 102, shall develop, within 12 months 

11 after the date of enactment of the Networking and 

12 Information Technology Research and Development 

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

14 5-year strategic plan to guide the activities described 

15 under subsection (a)(1). 

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

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

18 Program, the anticipated time frame for achieving 

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

20 assessing progress toward the objectives, and how 

21 the Program will— 

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

23 development results into new technologies and 

24 applications for the benefit of society, including 

25 through cooperation and collaborations with 


srobinson on DSKHWCL6B1PROD with BILLS
36 

•HR 5116 IH

1 networking and information technology re2 search, development, and technology transition 

3 initiatives supported by the States; 

4 ‘‘(B) encourage and support mechanisms 

5 for interdisciplinary research and development 

6 in networking and information technology, in7 cluding through collaborations across agencies, 

8 across Program Component Areas, with indus9 try, with Federal laboratories (as defined in 

10 section 4 of the Stevenson-Wydler Technology 

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

12 with international organizations; 

13 ‘‘(C) address long-term challenges of na14 tional importance for which solutions require 

15 large-scale, long-term, interdisciplinary research 

16 and development; 

17 ‘‘(D) place emphasis on innovative and 

18 high-risk projects having the potential for sub19 stantial societal returns on the research invest20 ment; 

21 ‘‘(E) strengthen all levels of networking 

22 and information technology education and 

23 training programs to ensure an adequate, well24 trained workforce; and 


srobinson on DSKHWCL6B1PROD with BILLS
37 

•HR 5116 IH

1 ‘‘(F) attract more women and underrep2 resented minorities to pursue postsecondary de3 grees in networking and information tech4 nology. 

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

6 strategic plan developed in accordance with paragraph (1) 

7 shall be accompanied by milestones and roadmaps for es8 tablishing and maintaining the national research infra9 structure required to support the Program, including the 

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

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

12 developing the strategic plan under paragraph (1) shall 

13 take into consideration the recommendations— 

14 ‘‘(A) of the advisory committee established 

15 under subsection (b); and 

16 ‘‘(B) of the stakeholders whose input was solic17 ited by the National Coordination Office, as required 

18 under section 102(b)(3). 

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

20 National Coordination Office shall transmit the strategic 

21 plan required under paragraph (1) to the advisory com22 mittee, the Committee on Commerce, Science, and Trans23 portation of the Senate, and the Committee on Science 

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


srobinson on DSKHWCL6B1PROD with BILLS
38 

•HR 5116 IH

1 (c) ADDITIONAL RESPONSIBILITIES OF DIRECTOR.— 

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

3 amended— 

4 (1) by redesignating subparagraphs (E) and 

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

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

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

9 the agencies participating in the Program to al10 locate the level of resources and management 

11 attention necessary to ensure that the strategic 

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

14 Program are met;’’. 

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

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

17 after ‘‘an advisory committee on high-performance com18 puting,’’ the following: ‘‘in which the co-chairs shall be 

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

20 and Technology and with the remainder of the com21 mittee’’. 

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

23 U.S.C. 5511(a)(3)) is amended— 

24 (1) in subparagraph (C)— 


srobinson on DSKHWCL6B1PROD with BILLS
39 

•HR 5116 IH

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

3 fiscal year,’’; and 

4 (B) by striking ‘‘each Program Component 

5 Area;’’ and inserting ‘‘each Program Compo6 nent Area and research area supported in ac7 cordance with section 104;’’; 

8 (2) in subparagraph (D)— 

9 (A) by striking ‘‘each Program Component 

10 Area,’’ and inserting ‘‘each Program Compo11 nent Area and research area supported in ac12 cordance with section 104,’’; 

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

15 fiscal year,’’; and 

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

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

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

21 ‘‘(E) include a description of how the ob22 jectives for each Program Component Area, and 

23 the objectives for activities that involve multiple 

24 Program Component Areas, relate to the objecVerDate Nov 24 2008 23:06 Apr 22, 2010 Jkt 089200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 E:\BILLS\H5116.IH H5116

srobinson on DSKHWCL6B1PROD with BILLS
40 

•HR 5116 IH

1 tives of the Program identified in the strategic 

2 plan required under subsection (e); 

3 ‘‘(F) include— 

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

6 to perform the functions specified under 

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

8 category of activity; 

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

12 current fiscal year by category of activity; 

13 and 

14 ‘‘(iii) the amount of funding provided 

15 for such Office for the current fiscal year 

16 by each agency participating in the Pro17 gram; and’’. 

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

19 5503) is amended— 

20 (1) by redesignating paragraphs (1) through 

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

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

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

25 engineered systems whose networking and informaVerDate Nov 24 2008 23:06 Apr 22, 2010 Jkt 089200 PO 00000 Frm 00040 Fmt 6652 Sfmt 6201 E:\BILLS\H5116.IH H5116

srobinson on DSKHWCL6B1PROD with BILLS
41 

•HR 5116 IH

1 tion technology functions and physical elements are 

2 deeply integrated and are actively connected to the 

3 physical world through sensors, actuators, or other 

4 means to perform monitoring and control func5 tions;’’; 

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

7 (A) by striking ‘‘high-performance com8 puting’’ and inserting ‘‘networking and infor9 mation technology’’; and 

10 (B) by striking ‘‘supercomputer’’ and in11 serting ‘‘high-end computing’’; 

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

13 striking ‘‘network referred to as’’ and all that fol14 lows through the semicolon and inserting ‘‘network, 

15 including advanced computer networks of Federal 

16 agencies and departments;’’; and 

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

18 striking ‘‘National High-Performance Computing 

19 Program’’ and inserting ‘‘networking and informa20 tion technology research and development program’’. 

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

22 IMPORTANCE. 

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

24 adding at the end the following new section: 


srobinson on DSKHWCL6B1PROD with BILLS
42 

•HR 5116 IH

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

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

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

5 large-scale, long-term, interdisciplinary research and de6 velopment activities in networking and information tech7 nology directed toward application areas that have the po8 tential for significant contributions to national economic 

9 competitiveness and for other significant societal benefits. 

10 Such activities, ranging from basic research to the dem11 onstration of technical solutions, shall be designed to ad12 vance the development of research discoveries. The advi13 sory committee established under section 101(b) shall 

14 make recommendations to the Program for candidate re15 search and development areas for support under this sec16 tion. 

17 ‘‘(b) CHARACTERISTICS.— 

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

19 activities under this section shall— 

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

21 of applications for support through a competi22 tive, merit-based process; 

23 ‘‘(B) involve collaborations among re24 searchers in institutions of higher education 

25 and industry, and may involve nonprofit reVerDate Nov 24 2008 23:06 Apr 22, 2010 Jkt 089200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 E:\BILLS\H5116.IH H5116

srobinson on DSKHWCL6B1PROD with BILLS
43 

•HR 5116 IH

1 search institutions and Federal laboratories, as 

2 appropriate; 

3 ‘‘(C) when possible, leverage Federal in4 vestments through collaboration with related 

5 State initiatives; and 

6 ‘‘(D) include a plan for fostering the trans7 fer of research discoveries and the results of 

8 technology demonstration activities, including 

9 from institutions of higher education and Fed10 eral laboratories, to industry for commercial de11 velopment. 

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

13 for support, the agencies shall give special consider14 ation to projects that include cost sharing from non15 Federal sources. 

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

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

18 appropriate agencies, are working on large-scale re19 search and development activities in the same area 

20 of national importance, then such agencies shall 

21 strive to collaborate through joint solicitation and se22 lection of applications for support and subsequent 

23 funding of projects. 

24 ‘‘(4) INTERDISCIPLINARY RESEARCH CEN25 TERS.—Research and development activities under 


srobinson on DSKHWCL6B1PROD with BILLS
44 

•HR 5116 IH

1 this section may be supported through interdiscipli2 nary research centers that are organized to inves3 tigate basic research questions and carry out tech4 nology demonstration activities in areas described in 

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

6 existing interdisciplinary centers, including those au7 thorized under section 7024(b)(2) of the America 

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

9 1862o–10).’’. 

10 SEC. 114. CYBER-PHYSICAL SYSTEMS AND INFORMATION 

11 MANAGEMENT. 

12 (a) ADDITIONAL PROGRAM CHARACTERISTICS.—Sec13 tion 101(a)(1) of such Act (15 U.S.C. 5511(a)(1)) is 

14 amended— 

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

16 after the semicolon; 

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

18 at the end and inserting a semicolon; and 

19 (3) by adding at the end the following new sub20 paragraphs: 

21 ‘‘(J) provide for increased understanding 

22 of the scientific principles of cyber-physical sys23 tems and improve the methods available for the 

24 design, development, and operation of cyberVerDate Nov 24 2008 23:06 Apr 22, 2010 Jkt 089200 PO 00000 Frm 00044 Fmt 6652 Sfmt 6201 E:\BILLS\H5116.IH H5116

srobinson on DSKHWCL6B1PROD with BILLS
45 

•HR 5116 IH

1 physical systems that are characterized by high 

2 reliability, safety, and security; and 

3 ‘‘(K) provide for research and development 

4 on human-computer interactions, visualization, 

5 and information management.’’. 

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

7 5511) is amended further by adding after section 104, as 

8 added by section 113 of this Act, the following new sec9 tion: 

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

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

12 after the date of enactment of the Networking and Infor13 mation Technology Research and Development Act of 

14 2010, the Director of the National Coordination Office es15 tablished under section 102 shall convene a task force to 

16 explore mechanisms for carrying out collaborative research 

17 and development activities for cyber-physical systems, in18 cluding the related technologies required to enable these 

19 systems, through a consortium or other appropriate entity 

20 with participants from institutions of higher education, 

21 Federal laboratories, and industry. 

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

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

24 and an organizational structure for such entity 

25 under which the joint research and development acVerDate Nov 24 2008 23:06 Apr 22, 2010 Jkt 089200 PO 00000 Frm 00045 Fmt 6652 Sfmt 6201 E:\BILLS\H5116.IH H5116

srobinson on DSKHWCL6B1PROD with BILLS
46 

•HR 5116 IH

1 tivities could be planned, managed, and conducted 

2 effectively, including mechanisms for the allocation 

3 of resources among the participants in such entity 

4 for support of such activities; 

5 ‘‘(2) propose a process for developing a re6 search and development agenda for such entity, in7 cluding objectives and milestones; 

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

9 participants from institutions of higher education, 

10 Federal laboratories, and industry in such entity; 

11 ‘‘(4) propose guidelines for assigning intellec12 tual property rights and for the transfer of research 

13 results to the private sector; and 

14 ‘‘(5) make recommendations for how such enti15 ty could be funded from Federal, State, and non16 governmental sources. 

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

18 under subsection (a), the Director of the National Coordi19 nation Office shall appoint an equal number of individuals 

20 from institutions of higher education and from industry 

21 with knowledge and expertise in cyber-physical systems, 

22 of which 2 may be selected from Federal laboratories. 

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

24 of enactment of the Networking and Information Tech25 nology Research and Development Act of 2010, the DirecVerDate Nov 24 2008 23:06 Apr 22, 2010 Jkt 089200 PO 00000 Frm 00046 Fmt 6652 Sfmt 6201 E:\BILLS\H5116.IH H5116

srobinson on DSKHWCL6B1PROD with BILLS
47 

•HR 5116 IH

1 tor of the National Coordination Office shall transmit to 

2 the Committee on Commerce, Science, and Transportation 

3 of the Senate and the Committee on Science and Tech4 nology of the House of Representatives a report describing 

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

6 SEC. 115. NATIONAL COORDINATION OFFICE. 

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

8 to read as follows: 

9 ‘‘SEC. 102. NATIONAL COORDINATION OFFICE. 

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

11 a National Coordination Office with a Director and full12 time staff. 

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

14 shall— 

15 ‘‘(1) provide technical and administrative sup16 port to— 

17 ‘‘(A) the agencies participating in planning 

18 and implementing the Program, including such 

19 support as needed in the development of the 

20 strategic plan under section 101(e); and 

21 ‘‘(B) the advisory committee established 

22 under section 101(b); 

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

24 Federal networking and information technology ac25 tivities for government organizations, academia, inVerDate Nov 24 2008 23:06 Apr 22, 2010 Jkt 089200 PO 00000 Frm 00047 Fmt 6652 Sfmt 6201 E:\BILLS\H5116.IH H5116

srobinson on DSKHWCL6B1PROD with BILLS
48 

•HR 5116 IH

1 dustry, professional societies, State computing and 

2 networking technology programs, interested citizen 

3 groups, and others to exchange technical and pro4 grammatic information; 

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

6 wide range of stakeholders during the development 

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

8 through the convening of at least 1 workshop with 

9 invitees from academia, industry, Federal labora10 tories, and other relevant organizations and institu11 tions; 

12 ‘‘(4) conduct public outreach, including the dis13 semination of findings and recommendations of the 

14 advisory committee, as appropriate; and 

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

16 the technologies, innovations, and expertise derived 

17 from Program activities to agency missions and sys18 tems across the Federal Government and to United 

19 States industry. 

20 ‘‘(c) SOURCE OF FUNDING.— 

21 ‘‘(1) IN GENERAL.—The operation of the Na22 tional Coordination Office shall be supported by 

23 funds from each agency participating in the Pro24 gram. 


srobinson on DSKHWCL6B1PROD with BILLS
49 

•HR 5116 IH

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

2 budget of such Office that is provided by each agen3 cy for each fiscal year shall be in the same propor4 tion as each such agency’s share of the total budget 

5 for the Program for the previous fiscal year, as spec6 ified in the report required under section 

7 101(a)(3).’’. 

8 SEC. 116. IMPROVING NETWORKING AND INFORMATION 

9 TECHNOLOGY EDUCATION. 

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

11 amended— 

12 (1) by redesignating paragraphs (2) through 

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

14 (2) by inserting after paragraph (1) the fol15 lowing new paragraph: 

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

17 its existing programs, in collaboration with other 

18 agencies, as appropriate, to improve the teaching 

19 and learning of networking and information tech20 nology at all levels of education and to increase par21 ticipation in networking and information technology 

22 fields, including by women and underrepresented mi23 norities;’’. 


srobinson on DSKHWCL6B1PROD with BILLS
50 

•HR 5116 IH

1 SEC. 117. CONFORMING AND TECHNICAL AMENDMENTS. 

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

3 5502) is amended— 

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

5 striking ‘‘high-performance computing’’ and insert6 ing ‘‘networking and information technology’’; 

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

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

9 computing’’ and inserting ‘‘networking and informa10 tion technology’’; 

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

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

13 place it appears and inserting ‘‘networking and in14 formation technology’’; and 

15 (4) in paragraph (2)— 

16 (A) by striking ‘‘high-performance com17 puting and’’ and inserting ‘‘networking and in18 formation technology and’’; and 

19 (B) by striking ‘‘high-performance com20 puting network’’ and inserting ‘‘networking and 

21 information technology’’. 

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

23 U.S.C. 5511) is amended by striking ‘‘HIGH-PER24 FORMANCE COMPUTING’’ and inserting ‘‘NET25 WORKING AND INFORMATION TECH26 NOLOGY’’. 


srobinson on DSKHWCL6B1PROD with BILLS
51 

•HR 5116 IH

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

2 U.S.C. 5511) is amended— 

3 (1) in the section heading, by striking ‘‘HIGH4 PERFORMANCE COMPUTING’’ and inserting 

5 ‘‘NETWORKING AND INFORMATION TECH6 NOLOGY RESEARCH AND DEVELOPMENT’’; 

7 (2) in subsection (a)— 

8 (A) in the subsection heading, by striking 

9 ‘‘NATIONAL HIGH-PERFORMANCE COMPUTING’’ 

10 and inserting ‘‘NETWORKING AND INFORMA11 TION TECHNOLOGY RESEARCH AND DEVELOP12 MENT’’; 

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

14 (i) in the matter preceding subpara15 graph (A), by striking ‘‘National High-Per16 formance Computing Program’’ and insert17 ing ‘‘networking and information tech18 nology research and development pro19 gram’’; 

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

21 ‘‘high-performance computing, including 

22 networking’’ and inserting ‘‘networking 

23 and information technology’’; and 

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

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


srobinson on DSKHWCL6B1PROD with BILLS
52 

•HR 5116 IH

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

2 and 

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

4 (i) in subparagraphs (A) and (C)— 

5 (I) by striking ‘‘high-performance 

6 computing’’ each place it appears and 

7 inserting ‘‘networking and information 

8 technology’’; and 

9 (II) by striking ‘‘development, 

10 networking,’’ each place it appears 

11 and inserting ‘‘development,’’; and 

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

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

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

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

16 (3) in subsection (b)(1), in the matter pre17 ceding subparagraph (A), by striking ‘‘high-perform18 ance computing’’ both places it appears and insert19 ing ‘‘networking and information technology’’; and 

20 (4) in subsection (c)(1)(A), by striking ‘‘high21 performance computing’’ and inserting ‘‘networking 

22 and information technology’’. 

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

24 (15 U.S.C. 5521(a)(1)) is amended by striking ‘‘high-per25 formance computing’’ and all that follows through ‘‘netVerDate Nov 24 2008 23:06 Apr 22, 2010 Jkt 089200 PO 00000 Frm 00052 Fmt 6652 Sfmt 6201 E:\BILLS\H5116.IH H5116

srobinson on DSKHWCL6B1PROD with BILLS
53 

•HR 5116 IH

1 working;’’ and inserting ‘‘networking and information re2 search and development;’’. 

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

4 U.S.C. 5522(a)) is amended by striking ‘‘high-perform5 ance computing’’ and inserting ‘‘networking and informa6 tion technology’’. 

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

8 U.S.C. 5523(a)(1)) is amended by striking ‘‘high-perform9 ance computing and networking’’ and inserting ‘‘net10 working and information technology’’. 

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

12 (15 U.S.C. 5524(a)(1)) is amended— 

13 (1) in subparagraph (A), by striking ‘‘high-per14 formance computing systems and networks’’ and in15 serting ‘‘networking and information technology sys16 tems and capabilities’’; and 

17 (2) in subparagraph (C), by striking ‘‘high-per18 formance computing’’ and inserting ‘‘networking and 

19 information technology’’. 

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

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

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

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

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


srobinson on DSKHWCL6B1PROD with BILLS
54 

•HR 5116 IH

1 research’’ and inserting ‘‘networking and information 

2 technology research’’. 

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

4 U.S.C. 5528) is amended— 

5 (1) in the section heading, by striking ‘‘HIGH6 PERFORMANCE COMPUTING’’ and inserting 

7 ‘‘NETWORKING AND INFORMATION TECH8 NOLOGY’’; and 

9 (2) in subsection (a)— 

10 (A) in paragraph (1), by striking ‘‘High11 performance computing and associated’’ and in12 serting ‘‘Networking and information’’; 

13 (B) in paragraph (2), by striking ‘‘high14 performance computing’’ and inserting ‘‘net15 working and information technologies’’; 

16 (C) in paragraph (4), by striking ‘‘high17 performance computers and associated’’ and in18 serting ‘‘networking and information’’; and 

19 (D) in paragraph (5), by striking ‘‘high20 performance computing and associated’’ and in21 serting ‘‘networking and information’’. 

22 Subtitle C—Other OSTP Provisions 

23 SEC. 121. FEDERAL SCIENTIFIC COLLECTIONS. 

24 (a) MANAGEMENT OF SCIENTIFIC COLLECTIONS.— 

25 The Office of Science and Technology Policy, in consultaVerDate Nov 24 2008 23:06 Apr 22, 2010 Jkt 089200 PO 00000 Frm 00054 Fmt 6652 Sfmt 6201 E:\BILLS\H5116.IH H5116

srobinson on DSKHWCL6B1PROD with BILLS
55 

•HR 5116 IH

1 tion with relevant Federal agencies, shall ensure the devel2 opment of formal policies for the management and use of 

3 Federal scientific collections to improve the quality, orga4 nization, access, including online access, and long-term 

5 preservation of such collections for the benefit of the sci6 entific enterprise. 

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

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

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

10 supporting science and serving as a long-term research 

11 asset, rather than for their market value as collectibles 

12 or their historical, artistic, or cultural significance. 

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

14 Technology Policy, in consultation with relevant Federal 

15 agencies, shall ensure the development of an online clear16 inghouse for information on the contents of and access 

17 to Federal scientific collections. 

18 (d) DISPOSAL OF COLLECTIONS.—The policies devel19 oped under subsection (a) shall— 

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

21 collection, a Federal agency shall— 

22 (A) conduct a review of the research value 

23 of the collection; and 


srobinson on DSKHWCL6B1PROD with BILLS
56 

•HR 5116 IH

1 (B) consult with researchers who have 

2 used the collection, and other potentially inter3 ested parties, concerning— 

4 (i) the collection’s value for research 

5 purposes; and 

6 (ii) possible additional educational 

7 uses for the collection; and 

8 (2) include procedures for Federal agencies to 

9 transfer scientific collections they no longer need to 

10 researchers at institutions or other entities qualified 

11 to manage the collections. 

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

13 Technology Policy, in consultation with relevant Federal 

14 agencies, shall develop a common set of methodologies to 

15 be used by Federal agencies for the assessment and pro16 jection of costs associated with the management and pres17 ervation of their scientific collections. 

18 SEC. 122. COORDINATION OF MANUFACTURING RESEARCH 

19 AND DEVELOPMENT. 

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

21 Office of Science and Technology Policy shall establish or 

22 designate an interagency committee under the National 

23 Science and Technology Council with the responsibility for 

24 planning and coordinating Federal programs and activities 

25 in manufacturing research and development. 


srobinson on DSKHWCL6B1PROD with BILLS
57 

•HR 5116 IH

1 (b) RESPONSIBILITIES OF COMMITTEE.—The inter2 agency committee established or designated under sub3 section (a) shall— 

4 (1) coordinate the manufacturing research and 

5 development programs and activities of the Federal 

6 agencies; 

7 (2) establish goals and priorities for manufac8 turing research and development that will strengthen 

9 United States manufacturing; and 

10 (3) develop and update every 5 years thereafter 

11 a strategic plan to guide Federal programs and ac12 tivities in support of manufacturing research and de13 velopment, which shall— 

14 (A) specify and prioritize near-term and 

15 long-term research and development objectives, 

16 the anticipated time frame for achieving the ob17 jectives, and the metrics for use in assessing 

18 progress toward the objectives; 

19 (B) specify the role of each Federal agency 

20 in carrying out or sponsoring research and de21 velopment to meet the objectives of the stra22 tegic plan; and 

23 (C) describe how the Federal agencies sup24 porting manufacturing research and develop25 ment will foster the transfer of research and deVerDate Nov 24 2008 23:06 Apr 22, 2010 Jkt 089200 PO 00000 Frm 00057 Fmt 6652 Sfmt 6201 E:\BILLS\H5116.IH H5116

srobinson on DSKHWCL6B1PROD with BILLS
58 

•HR 5116 IH

1 velopment results into new manufacturing tech2 nologies, processes, and products for the benefit 

3 of society and the national interest. 

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

5 strategic plan required under subsection (b)(3), the Direc6 tor of the Office of Science and Technology Policy, work7 ing through the interagency committee, shall take into 

8 consideration the recommendations of a wide range of 

9 stakeholders, including representatives from diverse man10 ufacturing companies, academia, and other relevant orga11 nizations and institutions. 

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

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

14 the Office of Science and Technology Policy shall transmit 

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

16 Committee on Commerce, Science, and Transportation of 

17 the Senate, and the Committee on Science and Technology 

18 of the House of Representatives, and shall transmit subse19 quent updates to those committees when completed. 

20 SEC. 123. INTERAGENCY PUBLIC ACCESS COMMITTEE. 

21 (a) DEFINITION.—For the purposes of this section, 

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

23 agency with an annual extramural research expenditure 

24 of over $100,000,000. 


srobinson on DSKHWCL6B1PROD with BILLS
59 

•HR 5116 IH

1 (b) ESTABLISHMENT.—The Director of the Office of 

2 Science and Technology Policy shall establish a working 

3 group under the National Science and Technology Council 

4 with the responsibility to coordinate Federal science agen5 cy policies related to the dissemination and long-term 

6 stewardship of the results of unclassified research, includ7 ing digital data and peer-reviewed scholarly publications, 

8 supported wholly or in part by funding from the Federal 

9 science agencies. 

10 (c) REQUIREMENTS.—The Director, acting through 

11 the working group established under subsection (b), shall 

12 ensure that, in developing any policies related to public 

13 access to the results of federally funded research, Federal 

14 science agencies collaborate to develop policies that— 

15 (1) develop or designate uniform standards for 

16 research data, the structure of full text and 

17 metadata, navigation tools, and other applications to 

18 achieve interoperability across Federal science agen19 cies, across science and engineering disciplines, and 

20 between research data and scholarly publications, 

21 taking into account existing consensus standards, in22 cluding international standards; 

23 (2) foster innovation in the research and edu24 cational use of scholarly publications; 


srobinson on DSKHWCL6B1PROD with BILLS
60 

•HR 5116 IH

1 (3) address the need for long-term preservation 

2 and stewardship of all forms of digital research data, 

3 including by supporting research on tools and sys4 tems required to ensure preservation and steward5 ship; 

6 (4) take into account comparable policies in 

7 other countries; and 

8 (5) take into account research data that ad9 vance collective understanding and knowledge in 

10 some science and engineering disciplines but are not 

11 necessarily published in scholarly journals. 

12 (d) STAKEHOLDER INPUT.—In developing any poli13 cies related to public access to the results of federally 

14 funded research, the Director, acting through the working 

15 group established under subsection (b), shall solicit input 

16 and recommendations from and collaborate with non-Fed17 eral stakeholders, including universities, nonprofit and for18 profit publishers, libraries, and other organizations and in19 stitutions with a stake in long term preservation and ac20 cess to the results of federally funded research, including 

21 relevant international organizations. 

22 (e) EXCLUSIONS.—Federal policies developed under 

23 this section shall not apply to— 

24 (1) research progress reports presented at pro25 fessional meetings or conferences; 


srobinson on DSKHWCL6B1PROD with BILLS
61 

•HR 5116 IH

1 (2) laboratory notes, preliminary data analyses, 

2 notes of the author, phone logs, or other information 

3 used to produce scholarly publications except for the 

4 data reported in the publications; 

5 (3) classified research, or research resulting in 

6 works that generate revenue or royalties for authors 

7 (such as books) or patentable discoveries, to the ex8 tent necessary to protect a copyright or patent; or 

9 (4) original research papers that are rejected by 

10 scholarly journals. 

11 (f) PATENT OR COPYRIGHT LAW.—Nothing in this 

12 section shall be construed to affect any right under the 

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

14 (g) REPORT TO CONGRESS.—Not later than 1 year 

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

16 the Office of Science and Technology Policy shall transmit 

17 a report to Congress describing the status of any Federal 

18 science agency policies related to public access to the re19 sults of federally funded research, including a description 

20 of the extent to which the policies meet the requirements 

21 in subsection (c), and a description of how the Federal 

22 science agencies will continue to work toward achieving 

23 any of the requirements in subsection (c) that are not yet 

24 achieved at the time of the report. 


srobinson on DSKHWCL6B1PROD with BILLS
62 

•HR 5116 IH

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 


srobinson on DSKHWCL6B1PROD with BILLS
63 

•HR 5116 IH

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 $8,219,670,000 for 

15 fiscal year 2011. 

16 (2) SPECIFIC ALLOCATIONS.—Of the amount 

17 authorized under paragraph (1)— 

18 (A) $6,600,000,000 shall be made avail19 able for research and related activities; 

20 (B) $1,104,000,000 shall be made avail21 able for education and human resources; 

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

23 for major research equipment and facilities con24 struction; 


srobinson on DSKHWCL6B1PROD with BILLS
64 

•HR 5116 IH

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 $8,932,080,000 for 

10 fiscal year 2012. 

11 (2) SPECIFIC ALLOCATIONS.—Of the amount 

12 authorized under paragraph (1)— 

13 (A) $7,128,000,000 shall be made avail14 able for research and related activities; 

15 (B) $1,192,320,000 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) $356,400,000 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. 


srobinson on DSKHWCL6B1PROD with BILLS
65 

•HR 5116 IH

1 (c) FISCAL YEAR 2013.— 

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

3 appropriated to the Foundation $9,555,160,000 for 

4 fiscal year 2013. 

5 (2) SPECIFIC ALLOCATIONS.—Of the amount 

6 authorized under paragraph (1)— 

7 (A) $7,626,960,000 shall be made avail8 able for research and related activities; 

9 (B) $1,275,780,000 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) $381,350,000 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 $10,112,940,000 for 

23 fiscal year 2014. 

24 (2) SPECIFIC ALLOCATIONS.—Of the amount 

25 authorized under paragraph (1)— 


srobinson on DSKHWCL6B1PROD with BILLS
66 

•HR 5116 IH

1 (A) $8,084,580,000 shall be made avail2 able for research and related activities; 

3 (B) $1,352,330,000 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) $404,230,000 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 $10,704,180,000 for 

17 fiscal year 2015. 

18 (2) SPECIFIC ALLOCATIONS.—Of the amount 

19 authorized under paragraph (1)— 

20 (A) $8,569,650,000 shall be made avail21 able for research and related activities; 

22 (B) $1,433,470,000 shall be made avail23 able for education and human resources; 


srobinson on DSKHWCL6B1PROD with BILLS
67 

•HR 5116 IH

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

2 for major research equipment and facilities con3 struction; 

4 (D) $428,480,000 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’’. 


srobinson on DSKHWCL6B1PROD with BILLS
68 

•HR 5116 IH

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. 


srobinson on DSKHWCL6B1PROD with BILLS
69 

•HR 5116 IH

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; 


srobinson on DSKHWCL6B1PROD with BILLS
70 

•HR 5116 IH

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 

25 the Foundation a National Center for Science and EngiVerDate Nov 24 2008 23:06 Apr 22, 2010 Jkt 089200 PO 00000 Frm 00070 Fmt 6652 Sfmt 6201 E:\BILLS\H5116.IH H5116

srobinson on DSKHWCL6B1PROD with BILLS
71 

•HR 5116 IH

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 


srobinson on DSKHWCL6B1PROD with BILLS
72 

•HR 5116 IH

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 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— 


srobinson on DSKHWCL6B1PROD with BILLS
73 

•HR 5116 IH

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 Nov 24 2008 23:06 Apr 22, 2010 Jkt 089200 PO 00000 Frm 00073 Fmt 6652 Sfmt 6201 E:\BILLS\H5116.IH H5116

srobinson on DSKHWCL6B1PROD with BILLS
74 

•HR 5116 IH

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. 

16 The Director shall carry out a program to award 

17 merit-reviewed, competitive grants to institutions of higher 

18 education to support fundamental research leading to 

19 transformative advances in manufacturing technologies, 

20 processes, and enterprises that will support United States 

21 manufacturing through improved performance, produc22 tivity, sustainability, and competitiveness. Research areas 

23 may include— 

24 (1) nanomanufacturing; 


srobinson on DSKHWCL6B1PROD with BILLS
75 

•HR 5116 IH

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 SEC. 224. STRENGTHENING INSTITUTIONAL RESEARCH 

11 PARTNERSHIPS. 

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

13 grant, in an amount greater than $2,000,000, to be car14 ried out through a partnership that includes one or more 

15 minority-serving institutions or predominantly under16 graduate institutions and one or more institutions de17 scribed in subsection (b), the Director shall award funds 

18 directly, according to the budget justification described in 

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

20 higher education in the partnership, including at least one 

21 minority-serving institution or one predominantly under22 graduate institution, to ensure a strong and equitable 

23 partnership. 

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

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


srobinson on DSKHWCL6B1PROD with BILLS
76 

•HR 5116 IH

1 among the 100 institutions receiving, over the 3-year pe2 riod immediately preceding the awarding of grants, the 

3 highest amount of research funding from the Foundation. 

4 SEC. 225. NATIONAL SCIENCE BOARD REPORT ON MID5 SCALE INSTRUMENTATION. 

6 (a) MID-SCALE RESEARCH INSTRUMENTATION

7 NEEDS.—The National Science Board shall evaluate the 

8 needs, across all disciplines supported by the Foundation, 

9 for mid-scale research instrumentation that falls between 

10 the instruments funded by the Major Research Instrumen11 tation program and the very large projects funded by the 

12 Major Research Equipment and Facilities Construction 

13 program. 

14 (b) REPORT ON MID-SCALE RESEARCH INSTRUMEN15 TATION PROGRAM.—Not later than 1 year after the date 

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

17 submit to Congress a report on mid-scale research instru18 mentation at the Foundation. At a minimum, this report 

19 shall include— 

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

21 instrumentation needs required under subsection (a), 

22 including a description of differences across dis23 ciplines and Foundation research directorates; 

24 (2) a recommendation or recommendations re25 garding how the Foundation should set priorities for 


srobinson on DSKHWCL6B1PROD with BILLS
77 

•HR 5116 IH

1 mid-scale instrumentation across disciplines and 

2 Foundation research directorates; 

3 (3) a recommendation or recommendations re4 garding the appropriateness of expanding existing 

5 programs, including the Major Research Instrumen6 tation program or the Major Research Equipment 

7 and Facilities Construction program, to support 

8 more instrumentation at the mid-scale; 

9 (4) a recommendation or recommendations re10 garding the need for and appropriateness of a new, 

11 Foundation-wide program or initiative in support of 

12 mid-scale instrumentation, including any rec13 ommendations regarding the administration of and 

14 budget for such a program or initiative and the ap15 propriate scope of instruments to be funded under 

16 such a program or initiative; and 

17 (5) any recommendation or recommendations 

18 regarding other options for supporting mid-scale re19 search instrumentation at the Foundation. 

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

21 RESEARCH INFRASTRUCTURE AT THE FOUN22 DATION. 

23 It is the sense of Congress that the Foundation 

24 should strive to keep the percentage of the Foundation 

25 budget devoted to research infrastructure in the range of 


srobinson on DSKHWCL6B1PROD with BILLS
78 

•HR 5116 IH

1 24 to 27 percent, as recommended in the 2003 National 

2 Science Board report entitled ‘‘Science and Engineering 

3 Infrastructure for the 21st Century’’. 

4 SEC. 227. PARTNERSHIPS FOR INNOVATION. 

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

6 program to award merit-reviewed, competitive grants to 

7 institutions of higher education to establish and to expand 

8 partnerships that promote innovation and increase the 

9 economic and social impact of research by developing tools 

10 and resources to connect new scientific discoveries to prac11 tical uses. 

12 (b) PARTNERSHIPS.— 

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

14 under this section, an institution of higher education 

15 must propose establishment of a partnership that— 

16 (A) includes at least one private sector en17 tity; and 

18 (B) may include other institutions of high19 er education, public sector institutions, and pri20 vate sector entities. 

21 (2) PRIORITY.—In selecting grant recipients 

22 under this section, the Director shall give priority to 

23 partnerships that include one or more institutions of 

24 higher education that are among the 100 institu25 tions receiving, over the 3-year period immediately 


srobinson on DSKHWCL6B1PROD with BILLS
79 

•HR 5116 IH

1 preceding the awarding of grants, the highest 

2 amount of research funding from the Foundation 

3 and at least one of the following: 

4 (A) A minority serving institution. 

5 (B) A primarily undergraduate institution. 

6 (C) A 2-year college. 

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

8 shall seek to— 

9 (1) increase the economic or social impact of 

10 the most promising research at the institution or in11 stitutions of higher education that are members of 

12 the partnership through knowledge transfer or com13 mercialization; 

14 (2) increase the engagement of faculty and stu15 dents across multiple disciplines and departments, 

16 including faculty and students in schools of business 

17 and other appropriate non-STEM fields and dis18 ciplines in knowledge transfer activities; 

19 (3) enhance education and mentoring of stu20 dents and faculty in innovation and entrepreneur21 ship through networks, courses, and development of 

22 best practices and curricula; 

23 (4) strengthen the culture of the institution or 

24 institutions of higher education to undertake and 


srobinson on DSKHWCL6B1PROD with BILLS
80 

•HR 5116 IH

1 participate in activities related to innovation and 

2 leading to economic or social impact; 

3 (5) broaden the participation of all types of in4 stitutions of higher education in activities to meet 

5 STEM workforce needs and promote innovation and 

6 knowledge transfer; and 

7 (6) build lasting partnerships with local and re8 gional businesses, local and State governments, and 

9 other relevant entities. 

10 (d) ADDITIONAL CRITERIA.—In selecting grant re11 cipients under this section, the Director shall also consider 

12 the extent to which the applicants are able to demonstrate 

13 evidence of institutional support for, and commitment 

14 to— 

15 (1) achieving the goals of the program as de16 scribed in subsection (c); 

17 (2) expansion to a university-wide program if 

18 the initial proposal is not for a university-wide pro19 gram; and 

20 (3) sustaining any new innovation tools and re21 sources generated from funding under this program. 

22 (e) LIMITATION.—No funds provided under this sec23 tion may be used to construct or renovate a building or 

24 structure. 


srobinson on DSKHWCL6B1PROD with BILLS
81 

•HR 5116 IH

1 SEC. 228. PRIZE AWARDS. 

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

3 pilot program to award innovation inducement cash prizes 

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

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

6 conformity with this section. 

7 (b) TOPICS.—In identifying topics for prize competi8 tions under this section, the Director shall— 

9 (1) consult widely both within and outside the 

10 Federal Government; 

11 (2) give priority to high-risk, high-reward re12 search challenges and to problems whose solution 

13 could improve the economic competitiveness of the 

14 United States; and 

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

16 topics have the potential to raise public awareness 

17 about federally sponsored research. 

18 (c) TYPES OF CONTESTS.—The Director shall con19 sider all categories of innovation inducement prizes, in20 cluding— 

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

22 team or individual who accomplishes a stated objec23 tive; and 

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

25 individual who comes closest to achieving an objec26 tive within a specified time. 


srobinson on DSKHWCL6B1PROD with BILLS
82 

•HR 5116 IH

1 (d) ADVERTISING AND ANNOUNCEMENT.— 

2 (1) ADVERTISING AND SOLICITATION OF COM3 PETITORS.—The Director shall widely advertise 

4 prize competitions to encourage broad participation, 

5 including by individuals, institutions of higher edu6 cation, nonprofit organizations, and businesses. 

7 (2) ANNOUNCEMENT THROUGH FEDERAL REG8 ISTER NOTICE.—The Director shall announce each 

9 prize competition by publishing a notice in the Fed10 eral Register. This notice shall include the subject of 

11 the competition, the duration of the competition, the 

12 eligibility requirements for participation in the com13 petition, the process for participants to register for 

14 the competition, the amount of the prize, and the 

15 criteria for awarding the prize, including the method 

16 by which the prize winner or winners will be se17 lected. 

18 (3) TIME TO ANNOUNCEMENT.—The Director 

19 shall announce a prize competition within 18 months 

20 after receipt of appropriated funds. 

21 (e) FUNDING.— 

22 (1) FUNDING SOURCES.—Prizes under this sec23 tion shall consist of Federal appropriated funds and 

24 any funds raised pursuant to donations authorized 

25 under section 11(f) of the National Science FoundaVerDate Nov 24 2008 23:06 Apr 22, 2010 Jkt 089200 PO 00000 Frm 00082 Fmt 6652 Sfmt 6201 E:\BILLS\H5116.IH H5116

srobinson on DSKHWCL6B1PROD with BILLS
83 

•HR 5116 IH

1 tion Act of 1950 (42 U.S.C. 1870(f)) for specific 

2 prize competitions. 

3 (2) ANNOUNCEMENT OF PRIZES.—The Director 

4 may not issue a notice as required by subsection 

5 (d)(2) until all of the funds needed to pay out the 

6 announced amount of the prize have been appro7 priated or committed in writing by another entity 

8 pursuant to paragraph (1). 

9 (f) ELIGIBILITY.—To be eligible to win a prize under 

10 this section, an individual or entity— 

11 (1) shall have complied with all of the require12 ments under this section; 

13 (2) in the case of a private entity, shall be in14 corporated in and maintain a primary place of busi15 ness in the United States, and in the case of an in16 dividual, whether participating singly or in a group, 

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

18 alien lawfully admitted to the United States for per19 manent residence; and 

20 (3) shall not be a Federal entity, a Federal em21 ployee acting within the scope of his or her employ22 ment, or a person employed at a Federal laboratory 

23 acting within the scope of his or her employment. 

24 (g) AWARDS.— 


srobinson on DSKHWCL6B1PROD with BILLS
84 

•HR 5116 IH

1 (1) NUMBER OF COMPETITIONS.—The Director 

2 may announce up to 5 prize competitions through 

3 the end of fiscal year 2013. 

4 (2) SIZE OF AWARD.—The Director may deter5 mine the amount of each prize award based on the 

6 prize topic, but no award shall be less than 

7 $1,000,000 or greater than $3,000,000. 

8 (3) SELECTING WINNERS.—The Director may 

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

10 competition. If the panel is unable to select a win11 ner, the Director shall determine the winner of the 

12 prize. 

13 (4) PUBLIC OUTREACH.—The Director shall 

14 publicly award prizes utilizing the Foundation’s ex15 isting public affairs and public outreach resources. 

16 (h) ADMINISTERING THE COMPETITION.—The Direc17 tor may enter into an agreement with a private, nonprofit 

18 entity to administer the prize competition, subject to the 

19 provisions of this section. 

20 (i) INTELLECTUAL PROPERTY.—The Federal Gov21 ernment shall not, by virtue of offering or awarding a 

22 prize under this section, be entitled to any intellectual 

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

24 relation to, the participation by a registered participant 

25 in a competition authorized by this section. This subVerDate Nov 24 2008 23:06 Apr 22, 2010 Jkt 089200 PO 00000 Frm 00084 Fmt 6652 Sfmt 6201 E:\BILLS\H5116.IH H5116

srobinson on DSKHWCL6B1PROD with BILLS
85 

•HR 5116 IH

1 section shall not be construed to prevent the Federal Gov2 ernment from negotiating a license for the use of intellec3 tual property developed for a prize competition under this 

4 section. 

5 (j) LIABILITY.—The Director may require a reg6 istered participant in a prize competition under this sec7 tion to waive liability against the Federal Government for 

8 injuries and damages that result from participation in 

9 such competition. 

10 (k) NONSUBSTITUTION.—Any programs created 

11 under this section shall not be considered a substitute for 

12 Federal research and development programs. 

13 (l) REPORTING REQUIREMENT.—Not later than 5 

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

15 Science Board shall transmit to Congress a report con16 taining the results of a review and assessment of the pilot 

17 program under this section, including— 

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

19 completed or ongoing prize competitions carried out 

20 under this section, including any scientific achieve21 ments, publications, intellectual property, or com22 mercialized technology that resulted from such com23 petitions; 


srobinson on DSKHWCL6B1PROD with BILLS
86 

•HR 5116 IH

1 (2) any recommendations regarding changes to, 

2 the termination of, or continuation of the pilot pro3 gram; 

4 (3) an analysis of whether the program is at5 tracting contestants more diverse than the Founda6 tion’s traditional academic constituency; 

7 (4) an analysis of whether public awareness of 

8 innovation or of the goal of the particular prize or 

9 prizes is enhanced; 

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

11 public image or ability to increase public scientific 

12 literacy is enhanced through the use of innovation 

13 inducement prizes; and 

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

15 funds are being used to support registered partici16 pants. 

17 (m) EARLY TERMINATION OF CONTESTS.—The Di18 rector shall terminate a prize contest before any registered 

19 participant wins if the Director determines that an unreg20 istered entity has produced an innovation that would oth21 erwise have qualified for the prize award. 

22 (n) AUTHORIZATION OF APPROPRIATIONS.— 

23 (1) IN GENERAL.— 

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

25 appropriated to the Director for the period enVerDate Nov 24 2008 23:06 Apr 22, 2010 Jkt 089200 PO 00000 Frm 00086 Fmt 6652 Sfmt 6201 E:\BILLS\H5116.IH H5116

srobinson on DSKHWCL6B1PROD with BILLS
87 

•HR 5116 IH

1 compassing fiscal years 2011 through 2013 

2 $12,000,000 for carrying out this section. 

3 (B) ADMINISTRATION.—Of the amounts 

4 authorized in subparagraph (A), not more than 

5 15 percent for each fiscal year shall be available 

6 for the administrative costs of carrying out this 

7 section. 

8 (2) CARRYOVER OF FUNDS.—Funds appro9 priated for prize awards under this section shall re10 main available until expended, and may be trans11 ferred, reprogrammed, or expended for other pur12 poses as authorized by law only after the expiration 

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

14 funds were originally appropriated. No provision in 

15 this section permits obligation or payment of funds 

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

17 States Code (commonly referred to as the Anti-Defi18 ciency Act). 

19 Subtitle C—STEM Education and 

20 Workforce Training 

21 SEC. 241. GRADUATE STUDENT SUPPORT. 

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

23 (1) the Integrative Graduate Education and Re24 search Traineeship program is an important pro25 gram for training the next generation of scientists 


srobinson on DSKHWCL6B1PROD with BILLS
88 

•HR 5116 IH

1 and engineers in team-based interdisciplinary re2 search and problem solving, and for providing them 

3 with the many additional skills, such as communica4 tion skills, needed to thrive in diverse STEM ca5 reers; and 

6 (2) the Integrative Graduate Education and Re7 search Traineeship program is no less valuable to 

8 the preparation and support of graduate students 

9 than the Foundation’s Graduate Research Fellow10 ship program. 

11 (b) EQUAL TREATMENT OF IGERT AND GRF.—Be12 ginning in fiscal year 2011, the Director shall increase or, 

13 if necessary, decrease funding for the Foundation’s Inte14 grative Graduate Education and Research Traineeship 

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

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

17 the Graduate Research Fellowship program. 

18 (c) SUPPORT FOR GRADUATE STUDENT RESEARCH

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

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

21 Foundation funds allocated to the Integrative Graduate 

22 Education and Research Traineeship program and the 

23 Graduate Research Fellowship program shall come from 

24 funds appropriated for Research and Related Activities. 


srobinson on DSKHWCL6B1PROD with BILLS
89 

•HR 5116 IH

1 (d) COST OF EDUCATION ALLOWANCE FOR GRF 

2 PROGRAM.—Section 10 of the National Science Founda3 tion Act of 1950 (42 U.S.C. 1869) is amended— 

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

5 is authorized’’; and 

6 (2) by adding at the end the following new sub7 section: 

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

9 amount to be awarded for scholarships and fellowships 

10 under this section for that year. Each such scholarship 

11 and fellowship shall include a cost of education allowance 

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

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

14 SEC. 242. POSTDOCTORAL FELLOWSHIP IN STEM EDU15 CATION RESEARCH. 

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

17 postdoctoral fellowships in STEM education research to 

18 provide recent doctoral degree graduates in STEM fields 

19 with the necessary skills to assume leadership roles in 

20 STEM education research, program development, and 

21 evaluation in our Nation’s diverse educational institutions. 

22 (b) AWARDS.— 

23 (1) DURATION.—Fellowships may be awarded 

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

25 in duration, renewable for an additional 12 months. 


srobinson on DSKHWCL6B1PROD with BILLS
90 

•HR 5116 IH

1 The Director shall establish criteria for eligibility for 

2 renewal of the fellowship. 

3 (2) STIPEND.—The Director shall determine 

4 the amount of the award for a fellowship, which 

5 shall include a stipend and a research allowance, and 

6 may include an educational allowance. 

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

8 for research at any institution of higher education 

9 that offers degrees in fields supported by the Foun10 dation, or at any institution or organization that the 

11 Director determines is eligible for education research 

12 grants from the Foundation. 

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

14 award up to 20 new fellowships per year. 

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

16 be awarded for research on STEM education at any edu17 cational level, including grades pre-K–12, undergraduate, 

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

19 informal settings. Research topics may include— 

20 (1) learning processes and progressions; 

21 (2) knowledge transfer, including curriculum 

22 development; 

23 (3) uses of technology as teaching and learning 

24 tools; 

25 (4) integrating STEM fields; and 


srobinson on DSKHWCL6B1PROD with BILLS
91 

•HR 5116 IH

1 (5) assessment of student learning and program 

2 evaluation. 

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

4 under this section, an individual must— 

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

6 alien lawfully admitted to the United States for per7 manent residence, at the time of application; and 

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

9 STEM fields supported by the Foundation within 3 

10 years prior to the fellowship application deadline. 

11 SEC. 243. ROBERT NOYCE TEACHER SCHOLARSHIP PRO12 GRAM. 

13 (a) SECTION 10 AMENDMENTS.—Section 10 of the 

14 National Science Foundation Authorization Act of 2002 

15 (42 U.S.C. 1862n–1) is amended— 

16 (1) in subsection (c)(4), by striking ‘‘Service re17 quired under this paragraph shall be performed in a 

18 high-need local educational agency.’’; and 

19 (2) in subsection (c), by adding at the end a 

20 new paragraph as follows: 

21 ‘‘(5) EXCEPTION.—The period of service obliga22 tion under paragraph (4) shall be reduced by 1 year 

23 for scholarship recipients whose service is performed 

24 in a high-need local educational agency. The Direc25 tor shall establish and maintain a central clearingVerDate Nov 24 2008 23:06 Apr 22, 2010 Jkt 089200 PO 00000 Frm 00091 Fmt 6652 Sfmt 6201 E:\BILLS\H5116.IH H5116

srobinson on DSKHWCL6B1PROD with BILLS
92 

•HR 5116 IH

1 house of information on teaching opportunities avail2 able in high-need local educational agencies through3 out the United States, which shall be made available 

4 to individuals having a service obligation under this 

5 section.’’. 

6 (b) SECTION 10A AMENDMENTS.—Section 10A of 

7 the National Science Foundation Authorization Act of 

8 2002 (42 U.S.C. 1862n–1a) is amended in subsection 

9 (h)(1) by striking ‘‘50’’ and inserting ‘‘30’’. 

10 SEC. 244. INSTITUTIONS SERVING PERSONS WITH DISABIL11 ITIES. 

12 For the purposes of the activities and programs sup13 ported by the Foundation, institutions of higher education 

14 chartered to serve large numbers of students with disabil15 ities, including Gallaudet University, Landmark College, 

16 and the National Technical Institute for the Deaf, shall 

17 be designated as minority-serving institutions. 

18 SEC. 245. INSTITUTIONAL INTEGRATION. 

19 (a) INNOVATION THROUGH INSTITUTIONAL INTE20 GRATION.—The Director shall award grants for the insti21 tutional integration of projects funded by the Foundation 

22 with a focus on education, or on broadening participation 

23 in STEM by underrepresented groups, for the purpose of 

24 increasing collaboration and coordination across funded 

25 projects and institutions and expanding the impact of such 


srobinson on DSKHWCL6B1PROD with BILLS
93 

•HR 5116 IH

1 projects within and among institutions of higher education 

2 in an innovative and sustainable manner. 

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

4 section shall support integrative activities that involve the 

5 strategic and innovative combination of Foundation-fund6 ed projects and that provide for— 

7 (1) additional opportunities to increase the re8 cruitment, retention, and degree attainment of 

9 underrepresented groups in STEM disciplines; 

10 (2) the inclusion of programming, practices, 

11 and policies that encourage the integration of edu12 cation and research; 

13 (3) seamless transitions from one educational 

14 level to another; and 

15 (4) other activities that expand and deepen the 

16 impact of Foundation-funded projects with a focus 

17 on education, or on broadening participation in 

18 STEM by underrepresented groups, and enhance 

19 their sustainability. 

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

21 grants under this section, the Director shall consider at 

22 a minimum— 

23 (1) the extent to which the proposed project ad24 dresses the goals of project and program integration 

25 and adds value to the existing funded projects; 


srobinson on DSKHWCL6B1PROD with BILLS
94 

•HR 5116 IH

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

2 of success for the existing projects on which the pro3 posed integration project is based; and 

4 (3) the extent to which the proposed project ad5 dresses the modification of programming, practices, 

6 and policies necessary to achieve the purpose de7 scribed in subsection (a). 

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

9 under this section, the Director shall give priority to pro10 posals for which a senior institutional administrator, in11 cluding a dean or other administrator of equal or higher 

12 rank, serves as the principal investigator. 

13 SEC. 246. POSTDOCTORAL RESEARCH FELLOWSHIPS. 

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

15 Foundation-wide postdoctoral research fellowship pro16 gram, to award competitive, merit-based postdoctoral re17 search fellowships in any field of research supported by 

18 the Foundation. 

19 (b) DURATION AND AMOUNT.—Fellowships may be 

20 awarded under this section for a period of up to 3 years 

21 in duration. The Director shall determine the amount of 

22 the award for a fellowship, which shall include a stipend 

23 and a research allowance, and may include an educational 

24 allowance. 


srobinson on DSKHWCL6B1PROD with BILLS
95 

•HR 5116 IH

1 (c) ELIGIBILITY.—To be eligible to receive a fellow2 ship under this section, an individual— 

3 (1) must be a United States citizen or national, 

4 or an alien lawfully admitted to the United States 

5 for permanent residence, at the time of application; 

6 (2) must have received a doctoral degree in any 

7 field of research supported by the Foundation within 

8 3 years prior to the fellowship application deadline, 

9 or will complete a doctoral degree no more than 1 

10 year after the application deadline; and 

11 (3) may not have previously received funding as 

12 the principal investigator of a research grant from 

13 the Foundation, unless such funding was received as 

14 a graduate student. 

15 (d) PRIORITY.—In evaluating applications for fellow16 ships under this section, the Director shall give priority 

17 to applications that include— 

18 (1) proposals for interdisciplinary research; or 

19 (2) proposals for high-risk, high-reward re20 search. 

21 (e) ADDITIONAL CONSIDERATIONS.—In evaluating 

22 applications for fellowships under this section, the Direc23 tor shall give consideration to the goal of promoting the 

24 participation of individuals identified in section 33 or 34 


srobinson on DSKHWCL6B1PROD with BILLS
96 

•HR 5116 IH

1 of the Science and Engineering Equal Opportunities Act 

2 (42 U.S.C. 1885a or 1885b). 

3 (f) NONSUBSTITUTION.—The fellowship program au4 thorized under this section is not intended to replace or 

5 reduce support for postdoctoral research through existing 

6 programs at the Foundation. 

7 SEC. 247. BROADENING PARTICIPATION TRAINING AND 

8 OUTREACH. 

9 The Director shall provide education and training— 

10 (1) to Foundation staff and grant proposal re11 view panels on effective mechanisms and tools for 

12 broadening participation in STEM by underrep13 resented groups, including reviewer selection and 

14 mitigation of implicit bias in the review process; and 

15 (2) to Foundation staff on related outreach ap16 proaches. 

17 SEC. 248. TRANSFORMING UNDERGRADUATE EDUCATION 

18 IN STEM. 

19 Section 17 of the National Science Foundation Au20 thorization Act of 2002 (42 U.S.C. 1862n–6) is amended 

21 to read as follows: 

22 ‘‘SEC. 17. TRANSFORMING UNDERGRADUATE EDUCATION 

23 IN STEM. 

24 ‘‘(a) IN GENERAL.—The Director shall award grants, 

25 on a competitive, merit-reviewed basis, to institutions of 


srobinson on DSKHWCL6B1PROD with BILLS
97 

•HR 5116 IH

1 higher education to reform undergraduate STEM edu2 cation for the purpose of increasing the number and qual3 ity of students studying toward and completing bacca4 laureate degrees in STEM and improving the STEM 

5 learning outcomes for all undergraduate students, includ6 ing through— 

7 ‘‘(1) development, implementation, and assess8 ment of innovative, research-based approaches to 

9 transforming the teaching and learning of discipli10 nary or interdisciplinary STEM at the under11 graduate level; and 

12 ‘‘(2) expansion of successful STEM reform ef13 forts beyond a single course or group of courses to 

14 achieve reform within an entire academic unit, or ex15 pansion of successful reform efforts beyond a single 

16 academic unit to other STEM academic units within 

17 an institution or to comparable academic units at 

18 other institutions. 

19 ‘‘(b) USES OF FUNDS.—Activities supported by 

20 grants under this section may include— 

21 ‘‘(1) creation of multidisciplinary or inter22 disciplinary courses or programs that formalize col23 laborations for the purpose of improved student in24 struction and research in STEM; 


srobinson on DSKHWCL6B1PROD with BILLS
98 

•HR 5116 IH

1 ‘‘(2) expansion of undergraduate STEM re2 search opportunities to include interdisciplinary re3 search opportunities and research opportunities in 

4 industry, at Federal labs, and at international re5 search institutions or research sites; 

6 ‘‘(3) implementation or expansion of bridge, co7 hort, tutoring, or mentoring programs proven to en8 hance student recruitment or persistence to degree 

9 completion in STEM, including programs that ad10 dress student transition from two-year to four-year 

11 institutions; 

12 ‘‘(4) improvement of undergraduate STEM 

13 education for nonmajors, including education ma14 jors; 

15 ‘‘(5) implementation of evidence-based, tech16 nology-driven reform efforts that directly impact un17 dergraduate STEM instruction or research experi18 ences; 

19 ‘‘(6) development and implementation of faculty 

20 and graduate teaching assistant development pro21 grams focused on improved instruction, mentoring, 

22 assessment of student learning, and support of un23 dergraduate STEM students; 

24 ‘‘(7) support for graduate students and 

25 postdoctoral fellows to participate in instructional or 


srobinson on DSKHWCL6B1PROD with BILLS
99 

•HR 5116 IH

1 assessment activities at primarily undergraduate in2 stitutions; and 

3 ‘‘(8) research on teaching and learning of 

4 STEM at the undergraduate level related to the pro5 posed reform effort, including assessment and eval6 uation of the proposed reform activities, research on 

7 scalability and sustainability of approaches to re8 form, and development and implementation of longi9 tudinal studies of students included in the proposed 

10 reform effort. 

11 ‘‘(c) PARTNERSHIP.—An institution of higher edu12 cation may partner with one or more other nonprofit edu13 cation or research organizations, including scientific and 

14 engineering societies, for the purposes of carrying out the 

15 activities authorized under this section. 

16 ‘‘(d) SELECTION PROCESS.— 

17 ‘‘(1) APPLICATIONS.—An institution of higher 

18 education seeking a grant under this section shall 

19 submit an application to the Director at such time, 

20 in such manner, and containing such information as 

21 the Director may require. The application shall in22 clude, at a minimum— 

23 ‘‘(A) a description of the proposed reform 

24 effort; 


srobinson on DSKHWCL6B1PROD with BILLS
100 

•HR 5116 IH

1 ‘‘(B) a description of the research findings 

2 that will serve as the basis for the proposed re3 form effort or, in the case of applications that 

4 propose an expansion of a previously imple5 mented reform effort, a description of the pre6 viously implemented reform effort, including in7 dicators of success such as data on student re8 cruitment, persistence to degree completion, 

9 and academic achievement; 

10 ‘‘(C) evidence of institutional support for, 

11 and commitment to, the proposed reform effort, 

12 including long-term commitment to implement 

13 successful strategies from the current reform 

14 effort beyond the academic unit or units in15 cluded in the grant proposal or to disseminate 

16 successful strategies to other institutions; 

17 ‘‘(D) a description of existing or planned 

18 institutional policies and practices regarding 

19 faculty hiring, promotion, tenure, and teaching 

20 assignment that reward faculty contributions to 

21 undergraduate STEM education; and 

22 ‘‘(E) a description of the plans for assess23 ment and evaluation of the proposed reform ac24 tivities, including evidence of participation by 


srobinson on DSKHWCL6B1PROD with BILLS
101 

•HR 5116 IH

1 individuals with experience in assessment and 

2 evaluation of teaching and learning programs. 

3 ‘‘(2) REVIEW OF APPLICATIONS.—In selecting 

4 grant recipients under this section, the Director 

5 shall consider at a minimum— 

6 ‘‘(A) the likelihood of success in under7 taking the proposed effort at the institution 

8 submitting the application, including the extent 

9 to which the faculty, staff, and administrators 

10 of the institution are committed to making the 

11 proposed institutional reform a priority of the 

12 participating academic unit or units; 

13 ‘‘(B) the degree to which the proposed re14 form will contribute to change in institutional 

15 culture and policy such that a greater value is 

16 placed on faculty engagement in undergraduate 

17 education; 

18 ‘‘(C) the likelihood that the institution will 

19 sustain or expand the reform beyond the period 

20 of the grant; and 

21 ‘‘(D) the degree to which scholarly assess22 ment and evaluation plans are included in the 

23 design of the reform effort, including the degree 

24 to which such assessment and evaluation conVerDate Nov 24 2008 23:06 Apr 22, 2010 Jkt 089200 PO 00000 Frm 00101 Fmt 6652 Sfmt 6201 E:\BILLS\H5116.IH H5116

srobinson on DSKHWCL6B1PROD with BILLS
102 

•HR 5116 IH

1 tribute to the systematic accumulation of 

2 knowledge on STEM education. 

3 ‘‘(3) PRIORITY.—For proposals that include an 

4 expansion of existing reform efforts beyond a single 

5 academic unit, the Director shall give priority to 

6 proposals for which a senior institutional adminis7 trator, including a dean or other administrator of 

8 equal or higher rank, serves as the principal investi9 gator or a coprincipal investigator. 

10 ‘‘(4) GRANT DISTRIBUTION.—The Director 

11 shall ensure, to the extent practicable, that grants 

12 awarded under this section are made to a variety of 

13 types of institutions of higher education.’’. 

14 SEC. 249. 21ST CENTURY GRADUATE EDUCATION. 

15 (a) IN GENERAL.—The Director shall award grants, 

16 on a competitive, merit-reviewed basis, to institutions of 

17 higher education to implement or expand research-based 

18 reforms in master’s and doctoral level STEM education 

19 that emphasize preparation for diverse careers utilizing 

20 STEM degrees, including at diverse types of institutions 

21 of higher education, in industry, and at government agen22 cies and research laboratories. 

23 (b) USES OF FUNDS.—Activities supported by grants 

24 under this section may include— 


srobinson on DSKHWCL6B1PROD with BILLS
103 

•HR 5116 IH

1 (1) creation of multidisciplinary or interdiscipli2 nary courses or programs for the purpose of im3 proved student instruction and research in STEM; 

4 (2) expansion of graduate STEM research op5 portunities to include interdisciplinary research op6 portunities and research opportunities in industry, 

7 at Federal laboratories, and at international re8 search institutions or research sites; 

9 (3) development and implementation of future 

10 faculty training programs focused on improved in11 struction, mentoring, assessment of student learn12 ing, and support of undergraduate STEM students; 

13 (4) support and training for graduate students 

14 to participate in instructional activities beyond the 

15 traditional teaching assistantship, and especially as 

16 part of ongoing educational reform efforts, including 

17 at pre-K–12 schools, informal science education in18 stitutions, and primarily undergraduate institutions; 

19 (5) creation, improvement, or expansion of in20 novative graduate programs such as science master’s 

21 degree programs; 

22 (6) development and implementation of semi23 nars, workshops, and other professional development 

24 activities that increase the ability of graduate stuVerDate Nov 24 2008 23:06 Apr 22, 2010 Jkt 089200 PO 00000 Frm 00103 Fmt 6652 Sfmt 6201 E:\BILLS\H5116.IH H5116

srobinson on DSKHWCL6B1PROD with BILLS
104 

•HR 5116 IH

1 dents to engage in innovation, technology transfer, 

2 and entrepreneurship; 

3 (7) development and implementation of semi4 nars, workshops, and other professional development 

5 activities that increase the ability of graduate stu6 dents to effectively communicate their research find7 ings to technical audiences outside of their own dis8 cipline and to nontechnical audiences; 

9 (8) expansion of successful STEM reform ef10 forts beyond a single academic unit to other STEM 

11 academic units within an institution or to com12 parable academic units at other institutions; and 

13 (9) research on teaching and learning of STEM 

14 at the graduate level related to the proposed reform 

15 effort, including assessment and evaluation of the 

16 proposed reform activities and research on scalability 

17 and sustainability of approaches to reform. 

18 (c) PARTNERSHIP.—An institution of higher edu19 cation may partner with one or more other nonprofit edu20 cation or research organizations, including scientific and 

21 engineering societies, for the purposes of carrying out the 

22 activities authorized under this section. 

23 (d) SELECTION PROCESS.— 

24 (1) APPLICATIONS.—An institution of higher 

25 education seeking a grant under this section shall 


srobinson on DSKHWCL6B1PROD with BILLS
105 

•HR 5116 IH

1 submit an application to the Director at such time, 

2 in such manner, and containing such information as 

3 the Director may require. The application shall in4 clude, at a minimum— 

5 (A) a description of the proposed reform 

6 effort; 

7 (B) in the case of applications that propose 

8 an expansion of a previously implemented re9 form effort at the applicant’s institution or at 

10 other institutions, a description of the pre11 viously implemented reform effort; 

12 (C) evidence of institutional support for, 

13 and commitment to, the proposed reform effort, 

14 including long-term commitment to implement 

15 successful strategies from the current reform 

16 effort beyond the academic unit or units in17 cluded in the grant proposal or to disseminate 

18 successful strategies to other institutions; and 

19 (D) a description of the plans for assess20 ment and evaluation of the grant proposed re21 form activities. 

22 (2) REVIEW OF APPLICATIONS.—In selecting 

23 grant recipients under this section, the Director 

24 shall consider at a minimum— 


srobinson on DSKHWCL6B1PROD with BILLS
106 

•HR 5116 IH

1 (A) the likelihood of success in under2 taking the proposed effort at the institution 

3 submitting the application, including the extent 

4 to which the faculty, staff, and administrators 

5 of the institution are committed to making the 

6 proposed institutional reform a priority of the 

7 participating academic unit or units; 

8 (B) the degree to which the proposed re9 form will contribute to change in institutional 

10 culture and policy such that a greater value is 

11 placed on preparing graduate students for di12 verse careers utilizing STEM degrees; 

13 (C) the likelihood that the institution will 

14 sustain or expand the reform beyond the period 

15 of the grant; and 

16 (D) the degree to which scholarly assess17 ment and evaluation plans are included in the 

18 design of the reform effort. 

19 (e) REPEAL.—Section 7034 of the America COM20 PETES Act (42 U.S.C. 1862o–13) is repealed. 

21 SEC. 250. UNDERGRADUATE BROADENING PARTICIPATION 

22 PROGRAM. 

23 (a) UNDERGRADUATE BROADENING PARTICIPATION

24 PROGRAM.—The Foundation shall continue to support the 

25 Historically Black Colleges and Universities UnderVerDate Nov 24 2008 23:06 Apr 22, 2010 Jkt 089200 PO 00000 Frm 00106 Fmt 6652 Sfmt 6201 E:\BILLS\H5116.IH H5116

srobinson on DSKHWCL6B1PROD with BILLS
107 

•HR 5116 IH

1 graduate Program, the Louis Stokes Alliances for Minor2 ity Participation Program, and the Tribal Colleges and 

3 Universities Program as separate programs at least 

4 through September 30, 2011. 

5 (b) PLAN.—Prior to any realignment or consolidation 

6 of the programs described in subsection (a), the Director 

7 shall develop a plan clarifying the objectives and rationale 

8 for such changes. The plan shall include a description of 

9 how such changes would result in— 

10 (1) meeting or strengthening the common goal 

11 of the separate programs to increase the number of 

12 individuals from underrepresented groups attaining 

13 undergraduate STEM degrees; and 

14 (2) addressing the unique needs of the different 

15 types of minority serving institutions and underrep16 resented groups currently provided for by the sepa17 rate programs. 

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

19 plan required under subsection (b), the Director shall at 

20 a minimum— 

21 (1) consider the recommendations and findings 

22 of the National Academy of Sciences report required 

23 by section 7032 of the America COMPETES Act 

24 (Public Law 110–69); and 


srobinson on DSKHWCL6B1PROD with BILLS
108 

•HR 5116 IH

1 (2) solicit recommendations and feedback from 

2 a wide range of stakeholders, including representa3 tives from minority serving institutions, other insti4 tutions of higher education, and other entities with 

5 expertise on effective mechanisms to increase the re6 cruitment and retention of members of underrep7 resented groups in STEM fields, and the attainment 

8 of STEM degrees by underrepresented groups. 

9 (d) APPROVAL BY CONGRESS.—The plan developed 

10 under this section shall be transmitted to Congress at least 

11 3 months prior to the implementation of any realignment 

12 or consolidation of the programs described in subsection 

13 (a). 

14 SEC. 251. GRAND CHALLENGES IN EDUCATION RESEARCH. 

15 (a) IN GENERAL.—The Director and the Secretary 

16 of Education shall collaborate in— 

17 (1) identifying, prioritizing, and developing 

18 strategies to address grand challenges in research 

19 and development on the teaching and learning of 

20 STEM at the pre-K–12 level, in formal and informal 

21 settings, for diverse learning populations, including 

22 individuals identified in section 33 or 34 of the 

23 Science and Engineering Equal Opportunities Act 

24 (42 U.S.C. 1885a or 1885b); and 


srobinson on DSKHWCL6B1PROD with BILLS
109 

•HR 5116 IH

1 (2) ensuring the dissemination of the results of 

2 such research and development. 

3 (b) STAKEHOLDER INPUT.—In identifying the grand 

4 challenges required in subsection (a), the Director and the 

5 Secretary shall— 

6 (1) take into consideration critical research 

7 gaps identified in existing reports, including reports 

8 by the National Academies, on the teaching and 

9 learning of STEM at the pre-K–12 level in formal 

10 and informal settings; and 

11 (2) solicit input from a wide range of stake12 holders, including local and State education officials, 

13 STEM teachers, STEM education researchers, sci14 entific and engineering societies, STEM faculty at 

15 institutions of higher education, informal STEM 

16 education providers, businesses with a large STEM 

17 workforce, and other stakeholders in the teaching 

18 and learning of STEM at the pre-K–12 level, and 

19 may enter into an arrangement with the National 

20 Research Council for these purposes. 

21 (c) TOPICS TO CONSIDER.—In identifying the grand 

22 challenges required in subsection (a), the Director and the 

23 Secretary shall, at a minimum, consider the following top24 ics: 


srobinson on DSKHWCL6B1PROD with BILLS
110 

•HR 5116 IH

1 (1) Research on scalability, sustainability, and 

2 replication of successful STEM activities, programs, 

3 and models, in formal and informal environments. 

4 (2) Research that utilizes a systems approach 

5 to identifying challenges and opportunities to im6 prove the teaching and learning of STEM, including 

7 development of model systems that support improved 

8 teaching and learning of STEM across entire school 

9 districts and States, and encompassing and inte10 grating the teaching and learning of STEM in for11 mal and informal venues, and in K–12 schools and 

12 institutions of higher education. 

13 (3) Research to understand what makes a 

14 STEM teacher effective and STEM teacher profes15 sional development effective, including development 

16 of tools and methodologies to measure STEM teach17 er effectiveness. 

18 (4) Research and development on cyber-enabled 

19 tools and programs and television-based tools and 

20 programs for learning and teaching STEM, includ21 ing development of tools and methodologies for as22 sessing cyber- and television-enabled teaching and 

23 learning. 

24 (5) Research and development on STEM teach25 ing and learning in informal environments, including 


srobinson on DSKHWCL6B1PROD with BILLS
111 

•HR 5116 IH

1 development of tools and methodologies for assessing 

2 STEM teaching and learning in informal environ3 ments. 

4 (6) Research and development on how inte5 grating engineering with mathematics and science 

6 education may— 

7 (A) improve student learning of mathe8 matics and science; 

9 (B) increase student interest and persist10 ence in STEM; or 

11 (C) improve student understanding of engi12 neering design principles and of the built world. 

13 (d) REPORT TO CONGRESS.—Not later than 18 

14 months after the date of enactment of this Act, the Direc15 tor and the Secretary shall report back to Congress with 

16 a description of— 

17 (1) the grand challenges identified pursuant to 

18 this section; 

19 (2) the role of each agency in supporting re20 search and development activities to address the 

21 grand challenges; 

22 (3) the common metrics that will be used to as23 sess progress toward meeting the grand challenges; 

24 (4) plans for periodically updating the grand 

25 challenges; 


srobinson on DSKHWCL6B1PROD with BILLS
112 

•HR 5116 IH

1 (5) how the agencies will disseminate the re2 sults of research and development activities carried 

3 out under this section to STEM education practi4 tioners, to other Federal agencies that support 

5 STEM programs and activities, and to non-Federal 

6 funders of STEM education; and 

7 (6) how the agencies will support implementa8 tion of best practices identified by the research and 

9 development activities. 

10 SEC. 252. RESEARCH EXPERIENCES FOR UNDERGRADU11 ATES. 

12 (a) RESEARCH SITES.—The Director shall award 

13 grants, on a merit-reviewed, competitive basis, to institu14 tions of higher education, nonprofit organizations, or con15 sortia of such institutions and organizations, for sites des16 ignated by the Director to provide research experiences for 

17 10 or more undergraduate STEM students. The Director 

18 shall ensure that— 

19 (1) at least half of the students participating in 

20 a program funded by a grant under this subsection 

21 at each site shall be recruited from institutions of 

22 higher education where research opportunities in 

23 STEM are limited; 

24 (2) the awards provide undergraduate research 

25 experiences in a wide range of STEM disciplines; 


srobinson on DSKHWCL6B1PROD with BILLS
113 

•HR 5116 IH

1 (3) the awards support a variety of projects, in2 cluding independent investigator-led projects, inter3 disciplinary projects, and multi-institutional projects 

4 (including virtual projects); 

5 (4) students participating in each program 

6 funded have mentors, including during the academic 

7 year to the extent practicable, to help connect the 

8 students’ research experiences to the overall aca9 demic course of study and to help students achieve 

10 success in courses of study leading to a bacca11 laureate degree in a STEM field; 

12 (5) mentors and students are supported with 

13 appropriate salary or stipends; and 

14 (6) student participants are tracked, for em15 ployment and continued matriculation in STEM 

16 fields, through receipt of the undergraduate degree 

17 and for at least 3 years thereafter. 

18 (b) INCLUSION OF UNDERGRADUATES IN STANDARD

19 RESEARCH GRANTS.—The Director shall require that 

20 every recipient of a research grant from the Foundation 

21 proposing to include 1 or more undergraduate students 

22 in carrying out the research under the grant shall request 

23 support, including stipend support, for such under24 graduate students as part of the research proposal itself 

25 rather than as a supplement to the research proposal, unVerDate Nov 24 2008 23:06 Apr 22, 2010 Jkt 089200 PO 00000 Frm 00113 Fmt 6652 Sfmt 6201 E:\BILLS\H5116.IH H5116

srobinson on DSKHWCL6B1PROD with BILLS
114 

•HR 5116 IH

1 less such undergraduate participation was not foreseeable 

2 at the time of the original proposal. 

3 TITLE III—STEM EDUCATION 

4 SEC. 301. COORDINATION OF FEDERAL STEM EDUCATION. 

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

6 ‘‘STEM Education Coordination Act of 2010’’. 

7 (b) DEFINITION.—In this section, the term ‘‘STEM’’ 

8 means science, technology, engineering, and mathematics. 

9 (c) ESTABLISHMENT.—The Director of the Office of 

10 Science and Technology Policy shall establish a committee 

11 under the National Science and Technology Council with 

12 the responsibility to coordinate Federal programs and ac13 tivities in support of STEM education, including at the 

14 National Science Foundation, the Department of Energy, 

15 the National Aeronautics and Space Administration, the 

16 National Oceanic and Atmospheric Administration, the 

17 Department of Education, and all other Federal agencies 

18 that have programs and activities in support of STEM 

19 education. 

20 (d) RESPONSIBILITIES OF THE COMMITTEE.—The 

21 committee established under subsection (c) shall— 

22 (1) coordinate the STEM education activities 

23 and programs of the Federal agencies; 


srobinson on DSKHWCL6B1PROD with BILLS
115 

•HR 5116 IH

1 (2) develop, implement through the partici2 pating agencies, and update once every 5 years a 5- 

3 year STEM education strategic plan, which shall— 

4 (A) specify and prioritize annual and long5 term objectives; 

6 (B) specify the common metrics that will 

7 be used to assess progress toward achieving the 

8 objectives; 

9 (C) describe the approaches that will be 

10 taken by each participating agency to assess the 

11 effectiveness of its STEM education programs 

12 and activities; and 

13 (D) with respect to subparagraph (A), de14 scribe the role of each agency in supporting 

15 programs and activities designed to achieve the 

16 objectives; and 

17 (3) establish, periodically update, and maintain 

18 an inventory of federally sponsored STEM education 

19 programs and activities, including documentation of 

20 assessments of the effectiveness of such programs 

21 and activities and rates of participation by underrep22 resented minorities in such programs and activities. 

23 (e) RESPONSIBILITIES OF OSTP.—The Director of 

24 the Office of Science and Technology Policy shall encour25 age and monitor the efforts of the participating agencies 


srobinson on DSKHWCL6B1PROD with BILLS
116 

•HR 5116 IH

1 to ensure that the strategic plan under subsection (d)(2) 

2 is developed and executed effectively and that the objec3 tives of the strategic plan are met. 

4 (f) REPORT.—The Director of the Office of Science 

5 and Technology Policy shall transmit a report annually to 

6 Congress at the time of the President’s budget request de7 scribing the plan required under subsection (d)(2). The 

8 annual report shall include— 

9 (1) a description of the STEM education pro10 grams and activities for the previous and current fis11 cal years, and the proposed programs and activities 

12 under the President’s budget request, of each par13 ticipating Federal agency; 

14 (2) the levels of funding for each participating 

15 Federal agency for the programs and activities de16 scribed under paragraph (1) for the previous fiscal 

17 year and under the President’s budget request; 

18 (3) except for the initial annual report, a de19 scription of the progress made in carrying out the 

20 implementation plan, including a description of the 

21 outcome of any program assessments completed in 

22 the previous year, and any changes made to that 

23 plan since the previous annual report; and 

24 (4) a description of how the participating Fed25 eral agencies will disseminate information about fedVerDate Nov 24 2008 23:06 Apr 22, 2010 Jkt 089200 PO 00000 Frm 00116 Fmt 6652 Sfmt 6201 E:\BILLS\H5116.IH H5116

srobinson on DSKHWCL6B1PROD with BILLS
117 

•HR 5116 IH

1 erally supported resources for STEM education 

2 practitioners, including teacher professional develop3 ment programs, to States and to STEM education 

4 practitioners, including to teachers and administra5 tors in high-need schools, as defined in section 200 

6 of the Higher Education Act of 1965 (20 U.S.C. 

7 1021). 

8 SEC. 302. ADVISORY COMMITTEE ON STEM EDUCATION. 

9 (a) IN GENERAL.—The President shall establish or 

10 designate an advisory committee on science, technology, 

11 engineering, and mathematics (STEM) education. 

12 (b) MEMBERSHIP.—The advisory committee estab13 lished or designated by the President under subsection (a) 

14 shall be chaired by at least 2 members of the President’s 

15 Council of Advisors on Science and Technology, with the 

16 remaining advisory committee membership consisting of 

17 non-Federal members who are specially qualified to pro18 vide the President with advice and information on STEM 

19 education. Membership of the advisory committee, at a 

20 minimum, shall include individuals from the following cat21 egories of individuals and organizations: 

22 (1) STEM educator professional associations. 

23 (2) Organizations that provide informal STEM 

24 education activities. 

25 (3) Institutions of higher education. 


srobinson on DSKHWCL6B1PROD with BILLS
118 

•HR 5116 IH

1 (4) Scientific and engineering professional soci2 eties. 

3 (5) Business and industry associations. 

4 (6) Foundations that fund STEM education ac5 tivities. 

6 (c) RESPONSIBILITIES.—The responsibilities of the 

7 advisory committee shall include— 

8 (1) soliciting input from teachers, administra9 tors, local education agencies, States, and other pub10 lic and private STEM education stakeholder groups 

11 for the purpose of informing the Federal agencies 

12 that support STEM education programs on the 

13 STEM education needs of States and school dis14 tricts; 

15 (2) soliciting input from all STEM education 

16 stakeholder groups regarding STEM education pro17 grams, including STEM education research pro18 grams, supported by Federal agencies; 

19 (3) providing advice to the Federal agencies 

20 that support STEM education programs on how 

21 their programs can be better aligned with the needs 

22 of States and school districts as identified in para23 graph (1), consistent with the mission of each agen24 cy; and 


srobinson on DSKHWCL6B1PROD with BILLS
119 

•HR 5116 IH

1 (4) offering guidance to the President on cur2 rent STEM education activities, research findings, 

3 and best practices, with the purpose of increasing 

4 connectivity between public and private STEM edu5 cation efforts. 

6 SEC. 303. STEM EDUCATION AT THE DEPARTMENT OF EN7 ERGY. 

8 (a) DEFINITIONS.—Section 5002 of the America 

9 COMPETES Act (42 U.S.C. 16531) is amended— 

10 (1) by redesignating paragraphs (2) through 

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

12 (2) by inserting after paragraph (1) the fol13 lowing new paragraph: 

14 ‘‘(2) ENERGY SYSTEMS SCIENCE AND ENGI15 NEERING.—The term ‘energy systems science and 

16 engineering’ means— 

17 ‘‘(A) nuclear science and engineering, in18 cluding— 

19 ‘‘(i) nuclear engineering; 

20 ‘‘(ii) nuclear chemistry; 

21 ‘‘(iii) radiochemistry; and 

22 ‘‘(iv) health physics; 

23 ‘‘(B) hydrocarbon system science and engi24 neering, including— 


srobinson on DSKHWCL6B1PROD with BILLS
120 

•HR 5116 IH

1 ‘‘(i) petroleum or reservoir engineer2 ing; 

3 ‘‘(ii) environmental geoscience; 

4 ‘‘(iii) petrophysics; 

5 ‘‘(iv) geophysics; 

6 ‘‘(v) geochemistry; 

7 ‘‘(vi) petroleum geology; 

8 ‘‘(vii) ocean engineering; and 

9 ‘‘(viii) environmental engineering; 

10 ‘‘(C) energy efficiency and renewable en11 ergy technology systems science and engineer12 ing, including with respect to— 

13 ‘‘(i) solar technology systems; 

14 ‘‘(ii) wind technology systems; 

15 ‘‘(iii) buildings technology systems; 

16 ‘‘(iv) transportation technology sys17 tems; 

18 ‘‘(v) hydropower systems; and 

19 ‘‘(vi) geothermal systems; and 

20 ‘‘(D) energy storage and distribution sys21 tems science and engineering, including with re22 spect to— 

23 ‘‘(i) energy storage; and 

24 ‘‘(ii) energy delivery.’’. 


srobinson on DSKHWCL6B1PROD with BILLS
121 

•HR 5116 IH

1 (b) SCIENCE, TECHNOLOGY, ENGINEERING, AND

2 MATHEMATICS EDUCATION PROGRAMS.—Subpart B of 

3 the Department of Energy Science Education Enhance4 ment Act (42 U.S.C. 7381g et seq.) is amended— 

5 (1) in section 3170— 

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

7 follows: 

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

9 the Director of STEM Education appointed or des10 ignated under section 3171(c)(1).’’; 

11 (B) by redesignating paragraph (2) as 

12 paragraph (3); 

13 (C) by inserting after paragraph (1) the 

14 following new paragraph: 

15 ‘‘(2) ENERGY SYSTEMS SCIENCE AND ENGI16 NEERING.—The term ‘energy systems science and 

17 engineering’ means— 

18 ‘‘(A) nuclear science and engineering, in19 cluding— 

20 ‘‘(i) nuclear engineering; 

21 ‘‘(ii) nuclear chemistry; 

22 ‘‘(iii) radiochemistry; and 

23 ‘‘(iv) health physics; 

24 ‘‘(B) hydrocarbon system science and engi25 neering, including— 


srobinson on DSKHWCL6B1PROD with BILLS
122 

•HR 5116 IH

1 ‘‘(i) petroleum or reservoir engineer2 ing; 

3 ‘‘(ii) environmental geoscience; 

4 ‘‘(iii) petrophysics; 

5 ‘‘(iv) geophysics; 

6 ‘‘(v) geochemistry; 

7 ‘‘(vi) petroleum geology; 

8 ‘‘(vii) ocean engineering; and 

9 ‘‘(viii) environmental engineering; 

10 ‘‘(C) energy efficiency and renewable en11 ergy technology systems science and engineer12 ing, including with respect to— 

13 ‘‘(i) solar technology systems; 

14 ‘‘(ii) wind technology systems; 

15 ‘‘(iii) buildings technology systems; 

16 ‘‘(iv) transportation technology sys17 tems; 

18 ‘‘(v) hydropower systems; and 

19 ‘‘(vi) geothermal systems; and 

20 ‘‘(D) energy storage and distribution sys21 tems science and engineering, including with re22 spect to— 

23 ‘‘(i) energy storage; and 

24 ‘‘(ii) energy delivery.’’; and 


srobinson on DSKHWCL6B1PROD with BILLS
123 

•HR 5116 IH

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

2 paragraph: 

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

4 technology, engineering, and mathematics.’’; 

5 (2) by striking chapters 1, 2, 3, 4, and 6; 

6 (3) by inserting after section 3170 the following 

7 new chapter: 

8 ‘‘CHAPTER 1—STEM EDUCATION 

9 ‘‘SEC. 3171. STEM EDUCATION. 

10 ‘‘(a) IN GENERAL.—The Secretary of Energy shall 

11 develop, conduct, support, promote, and coordinate formal 

12 and informal educational activities at all levels that lever13 age the Department’s unique content expertise and facili14 ties to contribute to improving STEM education at all lev15 els in the United States, and to enhance awareness and 

16 understanding of STEM, including energy sciences, 

17 among the general public, with consideration given to the 

18 goal of promoting the participation of individuals from 

19 underrepresented groups in the STEM fields. 

20 ‘‘(b) PROGRAMS.—The Secretary shall carry out evi21 dence-based programs designed to increase student inter22 est and participation, improve public literacy and support, 

23 and improve the teaching and learning of energy systems 

24 science and engineering and other STEM disciplines supVerDate Nov 24 2008 23:06 Apr 22, 2010 Jkt 089200 PO 00000 Frm 00123 Fmt 6652 Sfmt 6201 E:\BILLS\H5116.IH H5116

srobinson on DSKHWCL6B1PROD with BILLS
124 

•HR 5116 IH

1 ported by the Department. Programs authorized under 

2 this subsection may include— 

3 ‘‘(1) informal educational programming de4 signed to excite and inspire students and the general 

5 public about energy systems science and engineering 

6 and other STEM disciplines supported by the De7 partment, while strengthening their content knowl8 edge in these fields; 

9 ‘‘(2) teacher training and professional develop10 ment opportunities for pre-service and in-service ele11 mentary and secondary teachers designed to increase 

12 the content knowledge of teachers in energy systems 

13 science and engineering and other STEM disciplines 

14 supported by the Department, including through 

15 hands-on research experiences; 

16 ‘‘(3) research opportunities for secondary school 

17 students, including internships at the National Lab18 oratories, that provide secondary school students 

19 with hands-on research experiences as well as expo20 sure to working scientists; 

21 ‘‘(4) research opportunities at the National 

22 Laboratories for undergraduate and graduate stu23 dents pursuing degrees in energy systems science 

24 and engineering and other STEM disciplines sup25 ported by the Department; and 


srobinson on DSKHWCL6B1PROD with BILLS
125 

•HR 5116 IH

1 ‘‘(5) competitive scholarships, fellowships, and 

2 traineeships for undergraduate and graduate stu3 dents in energy systems science and engineering and 

4 other STEM disciplines supported by the Depart5 ment. 

6 ‘‘(c) ORGANIZATION OF STEM EDUCATION PRO7 GRAMS.— 

8 ‘‘(1) DIRECTOR OF STEM EDUCATION.—The 

9 Secretary shall appoint or designate a Director of 

10 STEM Education, who shall have the principal re11 sponsibility to oversee and coordinate all programs 

12 and activities of the Department in support of 

13 STEM education, including energy systems science 

14 and engineering education, across all functions of 

15 the Department. 

16 ‘‘(2) QUALIFICATIONS.—The Director shall be 

17 an individual, who by reason of professional back18 ground and experience, is specially qualified to ad19 vise the Secretary on all matters pertaining to 

20 STEM education, including energy systems science 

21 and engineering education, at the Department. 

22 ‘‘(3) DUTIES.—The Director shall— 

23 ‘‘(A) oversee and coordinate all programs 

24 in support of STEM education, including enVerDate Nov 24 2008 23:06 Apr 22, 2010 Jkt 089200 PO 00000 Frm 00125 Fmt 6652 Sfmt 6201 E:\BILLS\H5116.IH H5116

srobinson on DSKHWCL6B1PROD with BILLS
126 

•HR 5116 IH

1 ergy systems science and engineering education, 

2 across all functions of the Department; 

3 ‘‘(B) represent the Department as the 

4 principal interagency liaison for all STEM edu5 cation programs, unless otherwise represented 

6 by the Secretary, the Under Secretary for 

7 Science, or the Under Secretary for Energy; 

8 ‘‘(C) prepare the annual budget and advise 

9 the Under Secretary for Science and the Under 

10 Secretary for Energy on all budgetary issues for 

11 STEM education, including energy systems 

12 science and engineering education, relative to 

13 the programs of the Department; 

14 ‘‘(D) establish, periodically update, and 

15 maintain a publicly accessible online inventory 

16 of STEM education programs and activities, in17 cluding energy systems science and engineering 

18 education programs and activities; 

19 ‘‘(E) develop, implement, and update the 

20 Department of Energy STEM education stra21 tegic plan, as required by subsection (d); 

22 ‘‘(F) increase, to the maximum extent 

23 practicable, the participation and advancement 

24 of women and underrepresented minorities at 

25 every level of STEM education, including enVerDate Nov 24 2008 23:06 Apr 22, 2010 Jkt 089200 PO 00000 Frm 00126 Fmt 6652 Sfmt 6201 E:\BILLS\H5116.IH H5116

srobinson on DSKHWCL6B1PROD with BILLS
127 

•HR 5116 IH

1 ergy systems science and engineering education; 

2 and 

3 ‘‘(G) perform such other matters relating 

4 to STEM education as are required by the Sec5 retary, the Under Secretary for Science, or the 

6 Under Secretary for Energy. 

7 ‘‘(d) DEPARTMENT OF ENERGY STEM EDUCATION

8 STRATEGIC PLAN.—The Director of STEM education ap9 pointed or designated under subsection (c)(1) shall de10 velop, implement, and update once every 3 years a 3-year 

11 STEM education strategic plan for the Department, which 

12 shall— 

13 ‘‘(1) identify and prioritize annual and long14 term STEM education goals and objectives for the 

15 Department that are aligned with the overall goals 

16 of the National Science and Technology Council 

17 Committee on STEM Education Strategic plan; 

18 ‘‘(2) describe the role of each program or activ19 ity of the Department in contributing to the goals 

20 and objectives identified under paragraph (1); 

21 ‘‘(3) specify the metrics that will be used to as22 sess progress toward achieving those goals and ob23 jectives; and 


srobinson on DSKHWCL6B1PROD with BILLS
128 

•HR 5116 IH

1 ‘‘(4) describe the approaches that will be taken 

2 to assess the effectiveness of each STEM education 

3 program and activity supported by the Department. 

4 ‘‘(e) OUTREACH TO STUDENTS FROM UNDERREP5 RESENTED GROUPS.—In carrying out a program author6 ized under this section, the Secretary shall give consider7 ation to the goal of promoting the participation of individ8 uals identified in section 33 or 34 of the Science and Engi9 neering Equal Opportunities Act (42 U.S.C. 1885a or 

10 1885b). 

11 ‘‘(f) CONSULTATION AND PARTNERSHIP WITH

12 OTHER AGENCIES.—In carrying out the programs and ac13 tivities authorized under this section, the Secretary shall— 

14 ‘‘(1) consult with the Secretary of Education 

15 and the Director of the National Science Foundation 

16 regarding activities designed to improve elementary 

17 and secondary STEM education; and 

18 ‘‘(2) consult and partner with the Director of 

19 the National Science Foundation in carrying out 

20 programs under this section designed to build capac21 ity in STEM education at the undergraduate and 

22 graduate level, including by supporting excellent pro23 posals in energy systems science and engineering 

24 that are submitted for funding to the Foundation’s 

25 Advanced Technological Education Program.’’; and 


srobinson on DSKHWCL6B1PROD with BILLS
129 

•HR 5116 IH

1 (4) in section 3191— 

2 (A) in subsection (a)— 

3 (i) by striking ‘‘web-based’’; and 

4 (ii) by inserting ‘‘and project-based 

5 learning opportunities’’ after ‘‘laboratory 

6 experiments’’; 

7 (B) in subsection (b)(1), by striking ‘‘the 

8 science of energy’’ and inserting ‘‘energy sys9 tems science and engineering’’; and 

10 (C) by striking subsection (d). 

11 (c) ENERGY APPLIED SCIENCE TALENT EXPANSION

12 PROGRAM FOR INSTITUTIONS OF HIGHER EDUCATION.— 

13 Strike sections 5004 and 5005 of the America COM14 PETES Act (42 U.S.C. 16532 and 16533) and insert the 

15 following new section: 

16 ‘‘SEC. 5004. ENERGY APPLIED SCIENCE TALENT EXPANSION 

17 PROGRAM FOR INSTITUTIONS OF HIGHER 

18 EDUCATION. 

19 ‘‘(a) PURPOSES.—The purposes of this section are— 

20 ‘‘(1) to address the decline in the number of 

21 and resources available to energy systems science 

22 and engineering programs at institutions of higher 

23 education, including community colleges; and 

24 ‘‘(2) to increase the number of graduates with 

25 degrees in energy systems science and engineering, 


srobinson on DSKHWCL6B1PROD with BILLS
130 

•HR 5116 IH

1 an area of strategic importance to the economic 

2 competitiveness and energy security of the United 

3 States. 

4 ‘‘(b) ESTABLISHMENT.—The Secretary shall award 

5 grants, on a competitive, merit-reviewed basis, to institu6 tions of higher education to implement or expand the en7 ergy systems science and engineering educational and 

8 technical training capabilities of the institution, and to 

9 provide merit-based financial support for master’s and 

10 doctoral level students pursuing courses of study and re11 search in energy systems sciences and engineering. 

12 ‘‘(c) USE OF FUNDS.—An institution of higher edu13 cation that receives a grant under this section may use 

14 the grant to— 

15 ‘‘(1) provide traineeships, including stipends 

16 and cost of education allowances, to master’s and 

17 doctoral students; 

18 ‘‘(2) develop or expand multidisciplinary or 

19 interdisciplinary courses or programs; 

20 ‘‘(3) recruit and retain new faculty; 

21 ‘‘(4) develop or improve core and specialized 

22 course content; 

23 ‘‘(5) encourage interdisciplinary and multidisci24 plinary research collaborations; 


srobinson on DSKHWCL6B1PROD with BILLS
131 

•HR 5116 IH

1 ‘‘(6) support outreach efforts to recruit stu2 dents; and 

3 ‘‘(7) pursue opportunities for collaboration with 

4 industry and National Laboratories. 

5 ‘‘(d) CRITERIA.—Criteria for awarding a grant under 

6 this section shall be based on— 

7 ‘‘(1) the potential to attract new students to the 

8 program; 

9 ‘‘(2) academic rigor; and 

10 ‘‘(3) the ability to offer hands-on education and 

11 training opportunities for graduate students in the 

12 emerging areas of energy systems science and engi13 neering. 

14 ‘‘(e) PRIORITY.—The Secretary shall give priority to 

15 proposals that involve active partnerships with a National 

16 Laboratory or other energy systems science and engineer17 ing related entity, as determined by the Secretary. 

18 ‘‘(f) DURATION AND AMOUNT.— 

19 ‘‘(1) DURATION.—A grant under this section 

20 may be for up to 5 years in duration. 

21 ‘‘(2) AMOUNT.—An institution of higher edu22 cation that receives a grant under this section shall 

23 be eligible for up to $1,000,000 for each year of the 

24 grant period. 


srobinson on DSKHWCL6B1PROD with BILLS
132 

•HR 5116 IH

1 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated to the Secretary to carry 

3 out this section— 

4 ‘‘(1) $30,000,000 for fiscal year 2011; 

5 ‘‘(2) $32,000,000 for fiscal year 2012; 

6 ‘‘(3) $36,000,000 for fiscal year 2013; 

7 ‘‘(4) $38,000,000 for fiscal year 2014; and 

8 ‘‘(5) $40,000,000 for fiscal year 2015.’’. 

9 (d) DEPARTMENT OF ENERGY EARLY CAREER

10 AWARDS FOR SCIENCE, ENGINEERING, AND MATHE11 MATICS RESEARCHERS.—Section 5006 of the America 

12 COMPETES Act (42 U.S.C. 16534) is amended— 

13 (1) in subsection (a), by striking ‘‘Director of 

14 the Office’’ and all that follows through ‘‘shall 

15 carry’’ and inserting ‘‘Secretary shall carry’’; 

16 (2) in subsection (b)(1)— 

17 (A) in subparagraph (A), by inserting ‘‘per 

18 year’’ after ‘‘$80,000’’; and 

19 (B) in subparagraph (B), by striking 

20 ‘‘$125,000’’ and inserting ‘‘$500,000 per year’’; 

21 (3) in subsection (c)(1), by striking ‘‘, as deter22 mined by the Director’’; 

23 (4) in subsections (c)(2), (e), (f), and (g), by 

24 striking ‘‘Director’’ each place it appears and insert25 ing ‘‘Secretary’’; 


srobinson on DSKHWCL6B1PROD with BILLS
133 

•HR 5116 IH

1 (5) in subsection (d), by striking ‘‘merit-re2 viewed’’ and inserting ‘‘merit-based, peer reviewed’’; 

3 and 

4 (6) in subsection (h)— 

5 (A) by striking ‘‘, acting through the Di6 rector,’’; and 

7 (B) by striking ‘‘$25,000,000 for each fis8 cal years 2008 through 2010’’ and inserting 

9 ‘‘such sums as are necessary’’. 

10 (e) PROTECTING AMERICA’S COMPETITIVE EDGE

11 (PACE) GRADUATE FELLOWSHIP PROGRAM.—Section 

12 5009 of the America COMPETES Act (42 U.S.C. 16536) 

13 is amended— 

14 (1) in subsections (a) and (b), by inserting 

15 ‘‘master’s or’’ before ‘‘doctoral’’; 

16 (2) in subsection (c)— 

17 (A) in paragraph (1), by striking ‘‘involv18 ing written and oral interviews, that will result 

19 in a wide distribution of awards throughout the 

20 United States,’’; and 

21 (B) in paragraph (2)(B)(iv), by striking 

22 ‘‘verbal and’’; 

23 (3) in subsection (d)(1)(B)(i), by inserting 

24 ‘‘partial or full’’ before ‘‘graduate tuition’’; and 

25 (4) by striking subsection (f). 


srobinson on DSKHWCL6B1PROD with BILLS
134 

•HR 5116 IH

1 (f) REPEAL.—Section 3164 of the Department of En2 ergy Science Education Enhancement Act (42 U.S.C. 

3 7381a) is repealed. 

4 TITLE IV—NATIONAL INSTITUTE 

5 OF STANDARDS AND TECH6 NOLOGY 

7 SEC. 401. SHORT TITLE. 

8 This title may be cited as the ‘‘National Institute of 

9 Standards and Technology Authorization Act of 2010’’. 

10 SEC. 402. AUTHORIZATION OF APPROPRIATIONS. 

11 (a) FISCAL YEAR 2011.— 

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

13 appropriated to the Secretary of Commerce 

14 $1,012,100,000 for the National Institute of Stand15 ards and Technology for fiscal year 2011. 

16 (2) SPECIFIC ALLOCATIONS.—Of the amount 

17 authorized under paragraph (1)— 

18 (A) $620,000,000 shall be authorized for 

19 scientific and technical research and services 

20 laboratory activities; 

21 (B) $125,000,000 shall be authorized for 

22 the construction and maintenance of facilities; 

23 and 


srobinson on DSKHWCL6B1PROD with BILLS
135 

•HR 5116 IH

1 (C) $267,100,000 shall be authorized for 

2 industrial technology services activities, of 

3 which— 

4 (i) $116,000,000 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) $141,100,000 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) $10,000,000 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 (b) FISCAL YEAR 2012.— 

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

20 appropriated to the Secretary of Commerce 

21 $1,035,400,000 for the National Institute of Stand22 ards and Technology for fiscal year 2012. 

23 (2) SPECIFIC ALLOCATIONS.—Of the amount 

24 authorized under paragraph (1)— 


srobinson on DSKHWCL6B1PROD with BILLS
136 

•HR 5116 IH

1 (A) $657,200,000 shall be authorized for 

2 scientific and technical research and services 

3 laboratory activities; 

4 (B) $85,000,000 shall be authorized for 

5 the construction and maintenance of facilities; 

6 and 

7 (C) $293,200,000 shall be authorized for 

8 industrial technology services activities, of 

9 which— 

10 (i) $132,000,000 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) $150,900,000 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) $10,300,000 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). 

24 (c) FISCAL YEAR 2013.— 


srobinson on DSKHWCL6B1PROD with BILLS
137 

•HR 5116 IH

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

2 appropriated to the Secretary of Commerce 

3 $1,137,809,000 for the National Institute of Stand4 ards and Technology for fiscal year 2013. 

5 (2) SPECIFIC ALLOCATIONS.—Of the amount 

6 authorized under paragraph (1)— 

7 (A) $696,700,000 shall be authorized for 

8 scientific and technical research and services 

9 laboratory activities; 

10 (B) $122,000,000 shall be authorized for 

11 the construction and maintenance of facilities; 

12 and 

13 (C) $319,109,000 shall be authorized for 

14 industrial technology services activities, of 

15 which— 

16 (i) $147,000,000 shall be authorized 

17 for the Technology Innovation Program 

18 under section 28 of the National Institute 

19 of Standards and Technology Act (15 

20 U.S.C. 278n); 

21 (ii) $161,500,000 shall be authorized 

22 for the Manufacturing Extension Partner23 ship program under sections 25 and 26 of 

24 such Act (15 U.S.C. 278k and 278l); and 


srobinson on DSKHWCL6B1PROD with BILLS
138 

•HR 5116 IH

1 (iii) $10,609,000 shall be authorized 

2 for the Malcolm Baldrige National Quality 

3 Award program under section 17 of the 

4 Stevenson-Wydler Technology Innovation 

5 Act of 1980 (15 U.S.C. 3711a). 

6 (d) FISCAL YEAR 2014.— 

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

8 appropriated to the Secretary of Commerce 

9 $1,188,277,000 for the National Institute of Stand10 ards and Technology for fiscal year 2014. 

11 (2) SPECIFIC ALLOCATIONS.—Of the amount 

12 authorized under paragraph (1)— 

13 (A) $738,500,000 shall be authorized for 

14 scientific and technical research and services 

15 laboratory activities; 

16 (B) $124,000,000 shall be authorized for 

17 the construction and maintenance of facilities; 

18 and 

19 (C) $325,727,000 shall be authorized for 

20 industrial technology services activities, of 

21 which— 

22 (i) $142,000,000 shall be authorized 

23 for the Technology Innovation Program 

24 under section 28 of the National Institute 


srobinson on DSKHWCL6B1PROD with BILLS
139 

•HR 5116 IH

1 of Standards and Technology Act (15 

2 U.S.C. 278n); 

3 (ii) $172,800,000 shall be authorized 

4 for the Manufacturing Extension Partner5 ship program under sections 25 and 26 of 

6 such Act (15 U.S.C. 278k and 278l); and 

7 (iii) $10,927,000 shall be authorized 

8 for the Malcolm Baldrige National Quality 

9 Award program under section 17 of the 

10 Stevenson-Wydler Technology Innovation 

11 Act of 1980 (15 U.S.C. 3711a). 

12 (e) FISCAL YEAR 2015.— 

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

14 appropriated to the Secretary of Commerce 

15 $1,255,955,000 for the National Institute of Stand16 ards and Technology for fiscal year 2015. 

17 (2) SPECIFIC ALLOCATIONS.—Of the amount 

18 authorized under paragraph (1)— 

19 (A) $782,800,000 shall be authorized for 

20 scientific and technical research and services 

21 laboratory activities; 

22 (B) $133,000,000 shall be authorized for 

23 the construction and maintenance of facilities; 

24 and 


srobinson on DSKHWCL6B1PROD with BILLS
140 

•HR 5116 IH

1 (C) $340,155,000 shall be authorized for 

2 industrial technology services activities, of 

3 which— 

4 (i) $144,000,000 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) $184,900,000 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) $11,255,000 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 SEC. 403. UNDER SECRETARY OF COMMERCE FOR STAND19 ARDS AND TECHNOLOGY. 

20 (a) IN GENERAL.—Section 5 of the Stevenson21 Wydler Technology Innovation Act of 1980 (15 U.S.C. 

22 3704) is amended— 

23 (1) in the heading, by striking ‘‘EXPERI24 MENTAL PROGRAM TO STIMULATE COMPETI25 TIVE’’ and inserting ‘‘STANDARDS AND’’; 


srobinson on DSKHWCL6B1PROD with BILLS
141 

•HR 5116 IH

1 (2) in the heading in subsection (a), by striking 

2 ‘‘PROGRAM ESTABLISHMENT’’ and inserting ‘‘ES3 TABLISHMENT OF EXPERIMENTAL PROGRAM TO

4 STIMULATE COMPETITIVE TECHNOLOGY’’; 

5 (3) by redesignating subsections (a) through (c) 

6 as subsections (b) through (d), respectively; and 

7 (4) by inserting before subsection (b), as so re8 designated, the following: 

9 ‘‘(a) UNDER SECRETARY OF COMMERCE FOR STAND10 ARDS AND TECHNOLOGY.— 

11 ‘‘(1) ESTABLISHMENT.—There shall be in the 

12 Department of Commerce an Under Secretary of 

13 Commerce for Standards and Technology who shall 

14 serve as the Director of the National Institute of 

15 Standards and Technology and perform such duties 

16 as provided for in the National Institute of Stand17 ards and Technology Act (15 U.S.C. 271 et seq.) 

18 and as the Secretary shall prescribe. 

19 ‘‘(2) APPOINTMENT.—The Under Secretary of 

20 Commerce for Standards and Technology shall be 

21 appointed by the President by and with the advice 

22 and consent of the Senate and shall be compensated 

23 at the rate now or hereafter provided for level III of 

24 the Executive Schedule Pay Rates (5 U.S.C. 5314). 


srobinson on DSKHWCL6B1PROD with BILLS
142 

•HR 5116 IH

1 ‘‘(3) APPLICABILITY.—The individual serving 

2 on the date of enactment of the National Institute 

3 of Standards and Technology Authorization Act of 

4 2010 as the Director of the National Institute of 

5 Standards and Technology shall also serve as the 

6 Under Secretary of Commerce for Standards and 

7 Technology until such time as a successor is ap8 pointed under paragraph (2).’’. 

9 (b) CONFORMING AMENDMENTS.— 

10 (1) STEVENSON-WYDLER.—Subsection (c) of 

11 section 5 of such Act (15 U.S.C. 3704), as redesig12 nated in subsection (a)(3), is amended to read as 

13 follows: 

14 ‘‘(c) COORDINATION.—To the extent practicable, in 

15 carrying out subsection (b), the Secretary shall coordinate 

16 the program established under such subsection with other 

17 programs of the Department of Commerce.’’. 

18 (2) TITLE 5, UNITED STATES CODE.— 

19 (A) LEVEL III.—Section 5314 of title 5, 

20 United States Code, is amended by inserting 

21 before the item ‘‘Associate Attorney General’’ 

22 the following: 

23 ‘‘Under Secretary of Commerce for Standards 

24 and Technology, the incumbent of which also serves 


srobinson on DSKHWCL6B1PROD with BILLS
143 

•HR 5116 IH

1 as Director of the National Institute of Standards 

2 and Technology.’’. 

3 (B) LEVEL IV.—Section 5315 of title 5, 

4 United States Code, is amended by striking 

5 ‘‘Director, National Institute of Standards and 

6 Technology, Department of Commerce.’’. 

7 (3) NIST ACT.—Section 5 of the National In8 stitute of Standards and Technology Act (15 U.S.C. 

9 274) is amended by striking the following: ‘‘The Di10 rector shall be compensated at the rate in effect for 

11 level IV of the Executive Schedule under section 

12 5315 of title 5, United States Code.’’. 

13 SEC. 404. REORGANIZATION OF NIST LABORATORIES. 

14 (a) ORGANIZATION.—The Director shall reorganize 

15 the scientific and technical research and services labora16 tory program into the following operational units: 

17 (1) The Physical Measurement Laboratory, 

18 whose mission is to realize and disseminate the na19 tional standards for length, mass, time and fre20 quency, electricity, temperature, force, and radiation 

21 by activities including fundamental research in 

22 measurement science, the provision of measurement 

23 services and standards, and the provision of testing 

24 facilities resources for use by the Federal Govern25 ment. 


srobinson on DSKHWCL6B1PROD with BILLS
144 

•HR 5116 IH

1 (2) The Information Technology Laboratory, 

2 whose mission is to develop and disseminate stand3 ards, measurements, and testing capabilities for 

4 interoperability, security, usability, and reliability of 

5 information technologies, including cyber security 

6 standards and guidelines for Federal agencies, 

7 United States industry, and the public, through fun8 damental and applied research in computer science, 

9 mathematics, and statistics. 

10 (3) The Engineering Laboratory, whose mission 

11 is to develop and disseminate advanced manufac12 turing and construction technologies to the United 

13 States manufacturing and construction industries 

14 through activities including measurement science re15 search, performance metrics, tools for engineering 

16 applications, promotion of green infrastructure, and 

17 energy efficiency measurements and standards. 

18 (4) The Material Measurement Laboratory, 

19 whose mission is to serve as the national reference 

20 laboratory in biological, chemical, and material 

21 sciences and engineering through activities including 

22 fundamental research in the composition, structure, 

23 and properties of biological and environmental mate24 rials and processes, the development of certified ref25 erence materials and critically evaluated data, and 


srobinson on DSKHWCL6B1PROD with BILLS
145 

•HR 5116 IH

1 other programs to assure measurement quality in 

2 materials and biotechnology fields. 

3 (5) The Center for Nanoscale Science and 

4 Technology, a national shared-use facility for 

5 nanoscale fabrication and measurement, whose mis6 sion is to develop innovative nanoscale measurement 

7 and fabrication capabilities to support researchers 

8 from industry, institutions of higher education, the 

9 National Institute of Standards and Technology, and 

10 other Federal agencies in nanoscale technology from 

11 discovery to production. 

12 (6) The NIST Center for Neutron Research, a 

13 national shared-use facility, whose mission is to pro14 vide neutron-based measurement capabilities to re15 searchers from industry, institutions of higher edu16 cation, the National Institute of Standards and 

17 Technology, and other Federal agencies in support 

18 of materials research, nondestructive evaluation, 

19 neutron imaging, chemical analysis, neutron stand20 ards, dosimetry, and radiation metrology. 

21 (b) REVISION.— 

22 (1) IN GENERAL.—Subsequent to the reorga23 nization required under subsection (a), the Director 

24 may revise the organization of the scientific and 

25 technical research and services laboratory program. 


srobinson on DSKHWCL6B1PROD with BILLS
146 

•HR 5116 IH

1 (2) REPORT TO CONGRESS.—Any revision to 

2 the organization of such program under paragraph 

3 (1) shall be submitted in a report to the Committee 

4 on Science and Technology of the House of Rep5 resentatives and the Committee on Commerce, 

6 Science, and Transportation of the Senate at least 

7 60 days before the effective date of such revision. 

8 SEC. 405. FEDERAL GOVERNMENT STANDARDS AND CON9 FORMITY ASSESSMENT COORDINATION. 

10 (a) COORDINATION.—Section 2(b) of the National In11 stitute of Standards and Technology Act (15 U.S.C. 

12 272(b)) is amended— 

13 (1) in paragraph (12), by striking ‘‘and’’ after 

14 the semicolon; 

15 (2) in paragraph (13), by striking the period at 

16 the end and inserting a semicolon; and 

17 (3) by adding after paragraph (13) the fol18 lowing: 

19 ‘‘(14) to promote collaboration among Federal 

20 departments and agencies and private sector stake21 holders in the development and implementation of 

22 standards and conformity assessment frameworks to 

23 address specific Federal Government policy goals; 

24 and 


srobinson on DSKHWCL6B1PROD with BILLS
147 

•HR 5116 IH

1 ‘‘(15) to convene Federal departments and 

2 agencies, as appropriate, to— 

3 ‘‘(A) coordinate and determine Federal 

4 Government positions on specific policy issues 

5 related to international technical standards and 

6 conformity assessment-related activities; and 

7 ‘‘(B) coordinate Federal department and 

8 agency engagement in the development of inter9 national technical standards and conformity as10 sessment-related activities.’’. 

11 (b) REPORT.—The Director, in consultation with ap12 propriate Federal agencies, shall submit a report annually 

13 to Congress addressing the Federal Government’s tech14 nical standards and conformity assessment-related activi15 ties. The report shall identify— 

16 (1) current and anticipated international stand17 ards and conformity assessment-related issues that 

18 have the potential to impact the competitiveness and 

19 innovation capabilities of the United States; 

20 (2) any action being taken by the Federal Gov21 ernment to address these issues and the Federal 

22 agency taking that action; and 

23 (3) any action that the Director is taking or 

24 will take to ensure effective Federal Government en25 gagement on technical standards and conformity asVerDate Nov 24 2008 23:06 Apr 22, 2010 Jkt 089200 PO 00000 Frm 00147 Fmt 6652 Sfmt 6201 E:\BILLS\H5116.IH H5116

srobinson on DSKHWCL6B1PROD with BILLS
148 

•HR 5116 IH

1 sessment-related issues, as appropriate, where the 

2 Federal Government is not effectively engaged. 

3 SEC. 406. MANUFACTURING EXTENSION PARTNERSHIP. 

4 (a) COMMUNITY COLLEGE SUPPORT.—Section 25(a) 

5 of the National Institute of Standards and Technology Act 

6 (15 U.S.C. 278k(a)) is amended— 

7 (1) in paragraph (4), by striking ‘‘and’’ after 

8 the semicolon; 

9 (2) in paragraph (5), by striking the period at 

10 the end and inserting ‘‘; and’’; and 

11 (3) by adding after paragraph (5) the following: 

12 ‘‘(6) providing to community colleges informa13 tion about the job skills needed in small- and me14 dium-sized manufacturing businesses in the regions 

15 they serve.’’. 

16 (b) INNOVATIVE SERVICES INITIATIVE.— 

17 (1) IN GENERAL.—Section 25 of such Act (15 

18 U.S.C. 278k) is amended by adding at the end the 

19 following: 

20 ‘‘(g) INNOVATIVE SERVICES INITIATIVE.— 

21 ‘‘(1) ESTABLISHMENT.—The Director may es22 tablish, within the Centers program under this sec23 tion, an innovative services initiative to assist small24 and medium-sized manufacturers in— 


srobinson on DSKHWCL6B1PROD with BILLS
149 

•HR 5116 IH

1 ‘‘(A) reducing their energy usage and envi2 ronmental waste to improve profitability; and 

3 ‘‘(B) accelerating the domestic commer4 cialization of new product technologies, includ5 ing components for renewable energy systems. 

6 ‘‘(2) MARKET DEMAND.—The Director may not 

7 undertake any activity to accelerate the domestic 

8 commercialization of a new product technology 

9 under this subsection unless an analysis of market 

10 demand for the new product technology has been 

11 conducted.’’. 

12 (2) GRANTS.—Section 33 of such Act (15 

13 U.S.C. 278r) is amended by adding at the end the 

14 following: 

15 ‘‘(g) INNOVATIVE SERVICES.—The Director may 

16 make awards under this section to carry out the innovative 

17 services initiative under section 25(g).’’. 

18 (c) REPORTS.—Section 25 of such Act (15 U.S.C. 

19 278k) is further amended by adding at the end the fol20 lowing: 

21 ‘‘(h) REPORTS.— 

22 ‘‘(1) IN GENERAL.—In submitting the 3-year 

23 programmatic planning document and annual up24 dates under section 23, the Director shall include an 


srobinson on DSKHWCL6B1PROD with BILLS
150 

•HR 5116 IH

1 assessment of the Director’s governance of the pro2 gram established under this section. 

3 ‘‘(2) CRITERIA.—In conducting such assess4 ment, the Director shall use the criteria established 

5 pursuant to the Malcolm Baldrige National Quality 

6 Award under section 17(d)(1)(C) of the Stevenson7 Wydler Technology Innovation Act of 1980 (15 

8 U.S.C. 3711a(d)(1)(C)).’’. 

9 (d) HOLLINGS MANUFACTURING EXTENSION PART10 NERSHIP PROGRAM COST-SHARING.—Section 25(c) of 

11 such Act (15 U.S.C. 278k(c)) is amended by adding at 

12 the end the following: 

13 ‘‘(7) Notwithstanding paragraphs (1), (3), and 

14 (5), for fiscal year 2011 through fiscal year 2015, 

15 the Secretary may not provide to a Center more 

16 than 50 percent of the costs incurred by such Center 

17 and may not require that a Center’s cost share ex18 ceed 50 percent. 

19 ‘‘(8) Not later than 4 years after the date of 

20 enactment of the National Institute of Standards 

21 and Technology Authorization Act of 2010, the Sec22 retary shall submit to Congress a report on the cost 

23 share requirements under the program. The report 

24 shall— 


srobinson on DSKHWCL6B1PROD with BILLS
151 

•HR 5116 IH

1 ‘‘(A) discuss various cost share structures, 

2 including the cost share structure in place prior 

3 to such date of enactment and the cost share 

4 structure in place under paragraph (7), and the 

5 effect of such cost share structures on indi6 vidual Centers and the overall program; and 

7 ‘‘(B) include a recommendation for how 

8 best to structure the cost share requirement 

9 after fiscal year 2015 to provide for the long10 term sustainability of the program.’’. 

11 (e) ADVISORY BOARD.—Section 25(e)(4) of such Act 

12 (15 U.S.C. 278k(e)(4)) is amended to read as follows: 

13 ‘‘(4) FEDERAL ADVISORY COMMITTEE ACT AP14 PLICABILITY.— 

15 ‘‘(A) IN GENERAL.—In discharging its du16 ties under this subsection, the MEP Advisory 

17 Board shall function solely in an advisory ca18 pacity, in accordance with the Federal Advisory 

19 Committee Act. 

20 ‘‘(B) EXCEPTION.—Section 14 of the Fed21 eral Advisory Committee Act shall not apply to 

22 the MEP Advisory Board.’’. 

23 (f) DEFINITIONS.—Section 25 of such Act (15 U.S.C. 

24 278k) is further amended by adding at the end the fol25 lowing: 


srobinson on DSKHWCL6B1PROD with BILLS
152 

•HR 5116 IH

1 ‘‘(i) DEFINITION.—In this section, the term ‘commu2 nity college’ means an institution of higher education (as 

3 defined under section 101(a) of the Higher Education Act 

4 of 1965 (20 U.S.C. 1001(a))) at which the highest degree 

5 that is predominately awarded to students is an associate’s 

6 degree.’’. 

7 SEC. 407. BIOSCIENCE RESEARCH PROGRAM. 

8 (a) IN GENERAL.—The National Institute of Stand9 ards and Technology Act (15 U.S.C. 271 et seq.) is 

10 amended— 

11 (1) by redesignating section 34 as section 35; 

12 and 

13 (2) by inserting after section 33 the following: 

14 ‘‘SEC. 34. BIOSCIENCE RESEARCH PROGRAM. 

15 ‘‘(a) IN GENERAL.—The Director shall establish a 

16 bioscience research program to support research and de17 velopment of standard reference materials, measurements, 

18 methods, and genomic and other data to advance— 

19 ‘‘(1) biological drug research and development; 

20 ‘‘(2) molecular diagnostics; 

21 ‘‘(3) medical imaging technologies; and 

22 ‘‘(4) personalized medicine. 

23 ‘‘(b) UNIVERSITY RESEARCH CENTERS.— 

24 ‘‘(1) ESTABLISHMENT.—The Director may es25 tablish research centers at institutions of higher eduVerDate Nov 24 2008 23:06 Apr 22, 2010 Jkt 089200 PO 00000 Frm 00152 Fmt 6652 Sfmt 6201 E:\BILLS\H5116.IH H5116

srobinson on DSKHWCL6B1PROD with BILLS
153 

•HR 5116 IH

1 cation (in this section referred to as ‘university re2 search centers’) through a competitive application 

3 process to conduct research that furthers the objec4 tives of the bioscience research program. 

5 ‘‘(2) APPLICATION.— 

6 ‘‘(A) IN GENERAL.—An institution of high7 er education seeking to establish a university 

8 research center under this subsection shall sub9 mit an application to the Director at such time, 

10 in such manner, and containing such informa11 tion and assurances as the Director may re12 quire. 

13 ‘‘(B) COMPONENTS.—The application shall 

14 include, at a minimum, a description of— 

15 ‘‘(i) the relevant research and instruc16 tional capacity of the applicant; 

17 ‘‘(ii) the research projects that will be 

18 undertaken by the applicant; 

19 ‘‘(iii) the extent to which the applicant 

20 will partner with industry and the role in21 dustry will play in the research undertaken 

22 by the university research center; 

23 ‘‘(iv) how the applicant will dissemi24 nate research results effectively; and 


srobinson on DSKHWCL6B1PROD with BILLS
154 

•HR 5116 IH

1 ‘‘(v) the metrics that will be used to 

2 evaluate the success of the projects under 

3 clause (ii) and the contribution of the uni4 versity research center in furthering the 

5 objectives of the bioscience research pro6 gram. 

7 ‘‘(C) SPECIAL CONSIDERATION.—The Di8 rector shall give special consideration to an ap9 plication from an institution of higher education 

10 that is— 

11 ‘‘(i) an 1890 Institution, as defined in 

12 section 2 of the Agricultural Research, Ex13 tension, and Education Reform Act of 

14 1998 (7 U.S.C. 7061); 

15 ‘‘(ii) a Predominantly Black Institu16 tion, as defined in section 318 of the High17 er Education Act of 1965 (20 U.S.C. 

18 1059e); 

19 ‘‘(iii) a part B institution, as defined 

20 in section 322 of the Higher Education 

21 Act of 1965 (20 U.S.C. 1061); 

22 ‘‘(iv) a Tribal College or University, 

23 as defined in section 316 of the Higher 

24 Education Act of 1965 (20 U.S.C. 1059c); 


srobinson on DSKHWCL6B1PROD with BILLS
155 

•HR 5116 IH

1 ‘‘(v) a Native American-serving, non2 tribal institution, as defined in section 319 

3 of the Higher Education Act of 1965 (20 

4 U.S.C. 1059f); 

5 ‘‘(vi) an Asian American and Native 

6 American Pacific Islander-serving institu7 tion, as defined in section 320 of the High8 er Education Act of 1965 (20 U.S.C. 

9 1059g); 

10 ‘‘(vii) an Alaska Native-serving insti11 tution, as defined in section 317 of the 

12 Higher Education Act of 1965 (20 U.S.C. 

13 1059d); 

14 ‘‘(viii) a Native Hawaiian-serving in15 stitution, as defined in section 317 of the 

16 Higher Education Act of 1965 (20 U.S.C. 

17 1059d); or 

18 ‘‘(ix) a Hispanic-serving institution, 

19 as defined in section 502 of the Higher 

20 Education Act of 1965 (20 U.S.C. 1101a). 

21 ‘‘(3) ASSESSMENT.—Not later than 3 years 

22 after the date on which a university research center 

23 is established and every 3 years thereafter, the Di24 rector shall evaluate the university research center 


srobinson on DSKHWCL6B1PROD with BILLS
156 

•HR 5116 IH

1 for its contributions to the bioscience research pro2 gram. 

3 ‘‘(4) ANNUAL MEETING.—If the Director estab4 lishes more than 1 university research center, the 

5 Director shall convene an annual meeting of re6 searchers from all of the university research centers 

7 and the Institute to foster collaboration and commu8 nication. 

9 ‘‘(c) USER FACILITY.—The Director may establish a 

10 bioscience user facility to provide access to advanced or 

11 unique equipment, services, materials, and other resources 

12 to industry, institutions of higher education, nonprofit or13 ganizations, and government agencies to perform research 

14 and testing. 

15 ‘‘(d) POSTDOCTORAL FELLOWS.—The Director shall, 

16 to the extent practicable, assign 1 or more fellows from 

17 the postdoctoral fellowship program established in section 

18 19 to the bioscience research program. 

19 ‘‘(e) PROGRAMMATIC PLANNING DOCUMENT.—The 

20 Director shall ensure that the updates to the pro21 grammatic planning document transmitted to Congress 

22 under section 23(d) include the bioscience research pro23 gram. 

24 ‘‘(f) DEFINITIONS.—In this section: 


srobinson on DSKHWCL6B1PROD with BILLS
157 

•HR 5116 IH

1 ‘‘(1) BIOSCIENCE RESEARCH PROGRAM.—The 

2 term ‘bioscience research program’ means the re3 search and development program authorized under 

4 subsection (a). 

5 ‘‘(2) INSTITUTION OF HIGHER EDUCATION.— 

6 The term ‘institution of higher education’ has the 

7 same meaning given the term in section 101(a) of 

8 the Higher Education Act of 1965 (20 U.S.C. 

9 1001(a)).’’. 

10 (b) VISITING COMMITTEE ON ADVANCED TECH11 NOLOGY AMENDMENTS.—Section 10 of the National Insti12 tute of Standards and Technology Act (15 U.S.C. 278) 

13 is amended— 

14 (1) in subsection (a)— 

15 (A) by striking ‘‘15 members’’ and insert16 ing ‘‘at least 15, but not more than 20, mem17 bers’’; and 

18 (B) by striking ‘‘at least 10’’ and inserting 

19 ‘‘at least 13’’; and 

20 (2) in subsection (h)(1), by striking ‘‘Program 

21 established under section 28’’ and inserting ‘‘pro22 grams established under sections 28 and 34’’. 


srobinson on DSKHWCL6B1PROD with BILLS
158 

•HR 5116 IH

1 SEC. 408. TIP ADVISORY BOARD. 

2 Section 28(k)(4) of the National Institute of Stand3 ards and Technology Act (15 U.S.C. 278n(k)(4)) is 

4 amended to read as follows: 

5 ‘‘(4) FEDERAL ADVISORY COMMITTEE ACT AP6 PLICABILITY.— 

7 ‘‘(A) IN GENERAL.—In discharging its du8 ties under this subsection, the TIP Advisory 

9 Board shall function solely in an advisory ca10 pacity, in accordance with the Federal Advisory 

11 Committee Act. 

12 ‘‘(B) EXCEPTION.—Section 14 of the Fed13 eral Advisory Committee Act shall not apply to 

14 the TIP Advisory Board.’’. 

15 SEC. 409. UNDERREPRESENTED MINORITIES. 

16 (a) RESEARCH FELLOWSHIPS.—Section 18 of the 

17 National Institute of Standards and Technology Act (15 

18 U.S.C. 278g–1) is amended by adding at the end the fol19 lowing: 

20 ‘‘(c) UNDERREPRESENTED MINORITIES.—In evalu21 ating applications for fellowships under this section, the 

22 Director shall give consideration to the goal of promoting 

23 the participation of underrepresented minorities in re24 search areas supported by the Institute.’’. 

25 (b) POSTDOCTORAL FELLOWSHIP PROGRAM.—Sec26 tion 19 of such Act (15 U.S.C. 278g–2) is amended by 


srobinson on DSKHWCL6B1PROD with BILLS
159 

•HR 5116 IH

1 adding at the end the following: ‘‘In evaluating applica2 tions for fellowships under this section, the Director shall 

3 give consideration to the goal of promoting the participa4 tion of underrepresented minorities in research areas sup5 ported by the Institute.’’. 

6 (c) TEACHER DEVELOPMENT.—Section 19A(c) of 

7 such Act (15 U.S.C. 278g–2a(c)) is amended by adding 

8 at the end the following: ‘‘The Director shall give priority 

9 to an application from a teacher from a high-need school, 

10 as defined in section 200 of the Higher Education Act of 

11 1965 (20 U.S.C. 1021).’’. 

12 SEC. 410. CYBER SECURITY STANDARDS AND GUIDELINES. 

13 Cyber security standards and guidelines developed by 

14 the National Institute of Standards and Technology for 

15 use by United States industry and the public shall be vol16 untary. 

17 SEC. 411. DEFINITIONS. 

18 In this title: 

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

20 the Director of the National Institute of Standards 

21 and Technology. 

22 (2) FEDERAL AGENCY.—The term ‘‘Federal 

23 agency’’ has the meaning given such term in section 

24 4 of the Stevenson-Wydler Technology Innovation 

25 Act of 1980 (15 U.S.C. 3703). 


srobinson on DSKHWCL6B1PROD with BILLS
160 

•HR 5116 IH

1 TITLE V—INNOVATION 

2 SEC. 501. OFFICE OF INNOVATION AND ENTREPRENEUR3 SHIP. 

4 The Stevenson-Wydler Technology Innovation Act of 

5 1980 (15 U.S.C. 3701 et seq.) is amended by adding at 

6 the end the following new section: 

7 ‘‘SEC. 24. OFFICE OF INNOVATION AND ENTREPRENEUR8 SHIP. 

9 ‘‘(a) IN GENERAL.—The Secretary shall establish an 

10 Office of Innovation and Entrepreneurship to foster inno11 vation and the commercialization of new technologies, 

12 products, processes, and services with the goal of pro13 moting productivity and economic growth in the United 

14 States. 

15 ‘‘(b) DUTIES.—The Office of Innovation and Entre16 preneurship shall be responsible for— 

17 ‘‘(1) developing and advocating policies to accel18 erate innovation and advance the commercialization 

19 of research and development, including federally 

20 funded research and development; 

21 ‘‘(2) identifying existing barriers to innovation 

22 and commercialization, including access to capital 

23 and other resources, and ways to overcome those 

24 barriers; 


srobinson on DSKHWCL6B1PROD with BILLS
161 

•HR 5116 IH

1 ‘‘(3) providing access to relevant data, research, 

2 and technical assistance on innovation and commer3 cialization; 

4 ‘‘(4) strengthening collaboration on and coordi5 nation of policies relating to innovation and commer6 cialization within the Department of Commerce and 

7 between the Department of Commerce and other 

8 Federal agencies, as appropriate; and 

9 ‘‘(5) any other duties as determined by the Sec10 retary. 

11 ‘‘(c) ADVISORY COMMITTEE.—The Secretary shall es12 tablish an Advisory Council on Innovation and Entrepre13 neurship to provide advice to the Secretary on carrying 

14 out subsection (b).’’. 

15 SEC. 502. FEDERAL LOAN GUARANTEES FOR INNOVATIVE 

16 TECHNOLOGIES IN MANUFACTURING. 

17 The Stevenson-Wydler Technology Innovation Act of 

18 1980 (15 U.S.C. 3701 et seq.) is further amended by add19 ing after section 24, as added by section 501 of this title, 

20 the following new section: 

21 ‘‘SEC. 25. FEDERAL LOAN GUARANTEES FOR INNOVATIVE 

22 TECHNOLOGIES IN MANUFACTURING. 

23 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab24 lish a program to provide loan guarantees for obligations 


srobinson on DSKHWCL6B1PROD with BILLS
162 

•HR 5116 IH

1 to small- or medium-sized manufacturers for the use or 

2 production of innovative technologies. 

3 ‘‘(b) ELIGIBLE PROJECTS.—A loan guarantee may be 

4 made under such program only for a project that reequips, 

5 expands, or establishes a manufacturing facility in the 

6 United States to— 

7 ‘‘(1) use an innovative technology or an innova8 tive process in manufacturing; or 

9 ‘‘(2) manufacture an innovative technology 

10 product or an integral component of such product. 

11 ‘‘(c) ELIGIBLE BORROWER.—A loan guarantee may 

12 be made under such program only for a borrower who is 

13 a small- or medium-sized manufacturer, as determined by 

14 the Secretary under the criteria established pursuant to 

15 subsection (m). 

16 ‘‘(d) LIMITATION ON AMOUNT.—A loan guarantee 

17 shall not exceed an amount equal to 80 percent of the 

18 project cost, as estimated at the time at which the loan 

19 guarantee is issued. 

20 ‘‘(e) LIMITATIONS ON LOAN GUARANTEE.—No loan 

21 guarantee shall be made unless the Secretary determines 

22 that— 

23 ‘‘(1) there is a reasonable prospect of repay24 ment of the principal and interest on the obligation 

25 by the borrower; 


srobinson on DSKHWCL6B1PROD with BILLS
163 

•HR 5116 IH

1 ‘‘(2) the amount of the obligation (when com2 bined with amounts available to the borrower from 

3 other sources) is sufficient to carry out the project; 

4 ‘‘(3) the obligation is not subordinate to other 

5 financing; 

6 ‘‘(4) the obligation bears interest at a rate that 

7 does not exceed a level that the Secretary determines 

8 appropriate, taking into account the prevailing rate 

9 of interest in the private sector for similar loans and 

10 risks; and 

11 ‘‘(5) the term of an obligation requires full re12 payment over a period not to exceed the lesser of— 

13 ‘‘(A) 30 years; or 

14 ‘‘(B) 90 percent of the projected useful 

15 life, as determined by the Secretary, of the 

16 physical asset to be financed by the obligation. 

17 ‘‘(f) DEFAULTS.— 

18 ‘‘(1) PAYMENT BY SECRETARY.— 

19 ‘‘(A) IN GENERAL.—If a borrower defaults 

20 (as defined in regulations promulgated by the 

21 Secretary and specified in the loan guarantee) 

22 on the obligation, the holder of the loan guar23 antee shall have the right to demand payment 

24 of the unpaid amount from the Secretary. 


srobinson on DSKHWCL6B1PROD with BILLS
164 

•HR 5116 IH

1 ‘‘(B) PAYMENT REQUIRED.—Within such 

2 period as may be specified in the loan guar3 antee or related agreements, the Secretary shall 

4 pay to the holder of the loan guarantee the un5 paid interest on and unpaid principal of the ob6 ligation as to which the borrower has defaulted, 

7 unless the Secretary finds that there was no de8 fault by the borrower in the payment of interest 

9 or principal or that the default has been rem10 edied. 

11 ‘‘(C) FORBEARANCE.—Nothing in this sub12 section precludes any forbearance by the holder 

13 of the obligation for the benefit of the borrower 

14 which may be agreed upon by the parties to the 

15 obligation and approved by the Secretary. 

16 ‘‘(2) SUBROGATION.— 

17 ‘‘(A) IN GENERAL.—If the Secretary 

18 makes a payment under paragraph (1), the Sec19 retary shall be subrogated to the rights, as 

20 specified in the loan guarantee, of the recipient 

21 of the payment or related agreements including, 

22 if appropriate, the authority (notwithstanding 

23 any other provision of law) to— 

24 ‘‘(i) complete, maintain, operate, 

25 lease, or otherwise dispose of any property 


srobinson on DSKHWCL6B1PROD with BILLS
165 

•HR 5116 IH

1 acquired pursuant to such loan guarantee 

2 or related agreement; or 

3 ‘‘(ii) permit the borrower, pursuant to 

4 an agreement with the Secretary, to con5 tinue to pursue the purposes of the project 

6 if the Secretary determines that such an 

7 agreement is in the public interest. 

8 ‘‘(B) SUPERIORITY OF RIGHTS.—The 

9 rights of the Secretary, with respect to any 

10 property acquired pursuant to a loan guarantee 

11 or related agreements, shall be superior to the 

12 rights of any other person with respect to the 

13 property. 

14 ‘‘(3) ACTION BY ATTORNEY GENERAL.— 

15 ‘‘(A) NOTIFICATION.—If the borrower de16 faults on an obligation, the Secretary shall no17 tify the Attorney General of the default. 

18 ‘‘(B) RECOVERY.—On notification, the At19 torney General shall take such action as is ap20 propriate to recover the unpaid principal and 

21 interest. 

22 ‘‘(g) PAYMENT OF PRINCIPAL AND INTEREST BY

23 SECRETARY.—With respect to any obligation guaranteed 

24 under this section, the Secretary may enter into a contract 

25 to pay, and pay, holders of the obligation for and on behalf 


srobinson on DSKHWCL6B1PROD with BILLS
166 

•HR 5116 IH

1 of the borrower from funds appropriated for that purpose 

2 the principal and interest payments that become due and 

3 payable on the unpaid balance of the obligation if the Sec4 retary finds that— 

5 ‘‘(1)(A) the borrower is unable to make the 

6 payments and is not in default; 

7 ‘‘(B) it is in the public interest to permit the 

8 borrower to continue to pursue the project; and 

9 ‘‘(C) the probable net benefit to the Federal 

10 Government in paying the principal and interest will 

11 be greater than that which would result in the event 

12 of a default; 

13 ‘‘(2) the amount of the payment that the Sec14 retary is authorized to pay shall be no greater than 

15 the amount of principal and interest that the bor16 rower is obligated to pay under the obligation being 

17 guaranteed; and 

18 ‘‘(3) the borrower agrees to reimburse the Sec19 retary for the payment (including interest) on terms 

20 and conditions that are satisfactory to the Secretary. 

21 ‘‘(h) TERMS AND CONDITIONS.—A loan guarantee 

22 under this section shall include such detailed terms and 

23 conditions as the Secretary determines appropriate to— 

24 ‘‘(1) protect the interests of the United States 

25 in the case of default; and 


srobinson on DSKHWCL6B1PROD with BILLS
167 

•HR 5116 IH

1 ‘‘(2) have available all the patents and tech2 nology necessary for any person selected, including 

3 the Secretary, to complete and operate the project. 

4 ‘‘(i) CONSULTATION.—In establishing the terms and 

5 conditions of a loan guarantee under this section, the Sec6 retary shall consult with the Secretary of the Treasury. 

7 ‘‘(j) FEES.— 

8 ‘‘(1) IN GENERAL.—The Secretary shall charge 

9 and collect fees for loan guarantees in amounts the 

10 Secretary determines are sufficient to cover applica11 ble administrative expenses. 

12 ‘‘(2) AVAILABILITY.—Fees collected under this 

13 subsection shall— 

14 ‘‘(A) be deposited by the Secretary into the 

15 Treasury of the United States; and 

16 ‘‘(B) remain available until expended, sub17 ject to such other conditions as are contained in 

18 annual appropriations Acts. 

19 ‘‘(k) RECORDS.— 

20 ‘‘(1) IN GENERAL.—With respect to a loan 

21 guarantee under this section, the borrower, the lend22 er, and any other appropriate party shall keep such 

23 records and other pertinent documents as the Sec24 retary shall prescribe by regulation, including such 


srobinson on DSKHWCL6B1PROD with BILLS
168 

•HR 5116 IH

1 records as the Secretary may require to facilitate an 

2 effective audit. 

3 ‘‘(2) ACCESS.—The Secretary and the Comp4 troller General of the United States, or their duly 

5 authorized representatives, shall have access to 

6 records and other pertinent documents for the pur7 pose of conducting an audit. 

8 ‘‘(l) FULL FAITH AND CREDIT.—The full faith and 

9 credit of the United States is pledged to the payment of 

10 all loan guarantees issued under this section with respect 

11 to principal and interest. 

12 ‘‘(m) REGULATIONS.—The Secretary shall issue final 

13 regulations before making any loan guarantees under the 

14 program. Such regulations shall include— 

15 ‘‘(1) criteria that the Secretary shall use to de16 termine eligibility for loan guarantees under this sec17 tion, including whether a borrower is a small- or me18 dium-sized manufacturer; 

19 ‘‘(2) a determination of what expenses shall and 

20 shall not be included in project costs; 

21 ‘‘(3) policies and procedures for selecting and 

22 monitoring lenders and loan performance; and 

23 ‘‘(4) any other policies, procedures, or informa24 tion necessary to implement this section. 

25 ‘‘(n) AUDIT.— 


srobinson on DSKHWCL6B1PROD with BILLS
169 

•HR 5116 IH

1 ‘‘(1) ANNUAL INDEPENDENT AUDITS.—The 

2 Secretary shall enter into an arrangement with an 

3 independent auditor for annual evaluations of the 

4 program under this section. 

5 ‘‘(2) ANNUAL REVIEW.—The Comptroller Gen6 eral shall conduct an annual review of the Sec7 retary’s execution of the program under this section. 

8 ‘‘(3) REPORT.—The results of the independent 

9 audit under paragraph (1) and the Comptroller Gen10 eral’s review under paragraph (2) shall be provided 

11 directly to the Committee on Science and Tech12 nology of the House of Representatives and the 

13 Committee on Commerce, Science, and Transpor14 tation of the Senate. 

15 ‘‘(o) REPORT TO CONGRESS.—Concurrent with the 

16 submission to Congress of the President’s annual budget 

17 request in each year after the date of enactment of this 

18 section, the Secretary shall transmit to the Committee on 

19 Science and Technology of the House of Representatives 

20 and the Committee on Commerce, Science, and Transpor21 tation of the Senate a report containing a summary of 

22 all activities carried out under this section. 

23 ‘‘(p) COORDINATION AND NONDUPLICATION.—To 

24 the maximum extent practicable, the Secretary shall en25 sure that the activities carried out under this section are 


srobinson on DSKHWCL6B1PROD with BILLS
170 

•HR 5116 IH

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) DEFINITIONS.—In this section: 

10 ‘‘(1) COST.—The term ‘cost’ has the meaning 

11 given such term under section 502 of the Federal 

12 Credit Reform Act of 1990 (2 U.S.C. 661a). 

13 ‘‘(2) INNOVATIVE PROCESS.—The term ‘innova14 tive process’ means a process that is significantly 

15 improved as compared to the process in general use 

16 in the commercial marketplace in the United States 

17 at the time the loan guarantee is issued. 

18 ‘‘(3) INNOVATIVE TECHNOLOGY.—The term ‘in19 novative technology’ means a technology that is sig20 nificantly improved as compared to the technology in 

21 general use in the commercial marketplace in the 

22 United States at the time the loan guarantee is 

23 issued. 

24 ‘‘(4) LOAN GUARANTEE.—The term ‘loan guar25 antee’ has the meaning given such term in section 


srobinson on DSKHWCL6B1PROD with BILLS
171 

•HR 5116 IH

1 502 of the Federal Credit Reform Act of 1990 (2 

2 U.S.C. 661a). The term includes a loan guarantee 

3 commitment (as defined in section 502 of such Act 

4 (2 U.S.C. 661a)). 

5 ‘‘(5) OBLIGATION.—The term ‘obligation’ 

6 means the loan or other debt obligation that is guar7 anteed under this section. 

8 ‘‘(6) PROGRAM.—The term ‘program’ means 

9 the loan guarantee program established in sub10 section (a). 

11 ‘‘(s) AUTHORIZATION OF APPROPRIATIONS.—There 

12 are authorized to be appropriated such sums as are nec13 essary to provide the cost of loan guarantees under this 

14 section.’’. 

15 SEC. 503. REGIONAL INNOVATION PROGRAM. 

16 The Stevenson-Wydler Technology Innovation Act of 

17 1980 (15 U.S.C. 3701 et seq.) is further amended by add18 ing after section 25, as added by section 502 of this title, 

19 the following new section: 

20 ‘‘SEC. 26. REGIONAL INNOVATION PROGRAM. 

21 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab22 lish a regional innovation program to encourage and sup23 port the development of regional innovation strategies, in24 cluding regional innovation clusters. 

25 ‘‘(b) REGIONAL INNOVATION CLUSTER GRANTS.— 


srobinson on DSKHWCL6B1PROD with BILLS
172 

•HR 5116 IH

1 ‘‘(1) IN GENERAL.—As part of the program es2 tablished under subsection (a), the Secretary may 

3 award grants on a competitive basis to eligible re4 cipients for activities relating to the formation and 

5 development of regional innovation clusters. 

6 ‘‘(2) PERMISSIBLE ACTIVITIES.—Grants award7 ed under this subsection may be used for activities 

8 determined appropriate by the Secretary including— 

9 ‘‘(A) feasibility studies; 

10 ‘‘(B) planning activities; 

11 ‘‘(C) technical assistance; 

12 ‘‘(D) developing or strengthening commu13 nication and collaboration between and among 

14 participants of a regional innovation cluster; 

15 ‘‘(E) attracting additional participants to a 

16 regional innovation cluster; 

17 ‘‘(F) facilitating market development of 

18 products or services provided by a regional in19 novation cluster; and 

20 ‘‘(G) developing relationships between a re21 gional innovation cluster and entities or clusters 

22 in other regions. 

23 ‘‘(3) ELIGIBLE RECIPIENT.—For purposes of 

24 this subsection, the term ‘eligible recipient’ means 

25 any of the following: 


srobinson on DSKHWCL6B1PROD with BILLS
173 

•HR 5116 IH

1 ‘‘(A) A State. 

2 ‘‘(B) An Indian tribe. 

3 ‘‘(C) A city or other political subdivision of 

4 a State. 

5 ‘‘(D) An entity that— 

6 ‘‘(i) is a nonprofit organization, an in7 stitution of higher education, a public-pri8 vate partnership, or an economic develop9 ment organization or similar entity; and 

10 ‘‘(ii) has an application that is sup11 ported by a State or a political subdivision 

12 of a State. 

13 ‘‘(E) A consortium of any of the entities 

14 listed in subparagraphs (A) through (D). 

15 ‘‘(4) APPLICATION.— 

16 ‘‘(A) IN GENERAL.—An applicant shall 

17 submit an application to the Secretary at such 

18 time, in such manner, and containing such in19 formation and assurances as the Secretary may 

20 require. 

21 ‘‘(B) COMPONENTS.—The application shall 

22 include, at a minimum, a description of the re23 gional innovation cluster supported by the pro24 posed activity, including a description of— 


srobinson on DSKHWCL6B1PROD with BILLS
174 

•HR 5116 IH

1 ‘‘(i) whether the regional innovation 

2 cluster is supported by the private sector, 

3 State and local governments, and other rel4 evant stakeholders; 

5 ‘‘(ii) how the existing participants in 

6 the regional innovation cluster will encour7 age and solicit participation by all types of 

8 entities that might benefit from participa9 tion, including newly formed entities and 

10 those rival to existing participants; 

11 ‘‘(iii) the extent to which the regional 

12 innovation cluster is likely to stimulate in13 novation and have a positive impact on re14 gional economic growth and development; 

15 ‘‘(iv) whether the participants in the 

16 regional innovation cluster have access to, 

17 or contribute to, a well-trained workforce; 

18 ‘‘(v) whether the participants in the 

19 regional innovation cluster are capable of 

20 attracting additional funds from non-Fed21 eral sources; and 

22 ‘‘(vi) the likelihood that the partici23 pants in the regional innovation cluster will 

24 be able to sustain activities once grant 


srobinson on DSKHWCL6B1PROD with BILLS
175 

•HR 5116 IH

1 funds under this subsection have been ex2 pended. 

3 ‘‘(5) COST SHARE.—The Secretary may not 

4 provide more than 50 percent of the total cost of 

5 any activity funded under this subsection. 

6 ‘‘(6) USE AND APPLICATION OF RESEARCH AND

7 INFORMATION PROGRAM.—To the maximum extent 

8 practicable, the Secretary shall ensure that activities 

9 funded under this subsection use and apply any rel10 evant research, best practices, and metrics developed 

11 under the program established in subsection (c). 

12 ‘‘(c) REGIONAL INNOVATION RESEARCH AND INFOR13 MATION PROGRAM.— 

14 ‘‘(1) IN GENERAL.—As part of the program es15 tablished under subsection (a), the Secretary shall 

16 establish a regional innovation research and infor17 mation program to— 

18 ‘‘(A) gather, analyze, and disseminate in19 formation on best practices for regional innova20 tion strategies (including regional innovation 

21 clusters), including information relating to how 

22 innovation, productivity, and economic develop23 ment can be maximized through such strategies; 

24 ‘‘(B) provide technical assistance, including 

25 through the development of technical assistance 


srobinson on DSKHWCL6B1PROD with BILLS
176 

•HR 5116 IH

1 guides, for the development and implementation 

2 of regional innovation strategies (including re3 gional innovation clusters); 

4 ‘‘(C) support the development of relevant 

5 metrics and measurement standards to evaluate 

6 regional innovation strategies (including re7 gional innovation clusters), including the extent 

8 to which such strategies stimulate innovation, 

9 productivity, and economic development; and 

10 ‘‘(D) collect and make available data on re11 gional innovation cluster activity in the United 

12 States, including data on— 

13 ‘‘(i) the size, specialization, and com14 petitiveness of regional innovation clusters; 

15 ‘‘(ii) the regional domestic product 

16 contribution, total jobs and earnings by 

17 key occupations, establishment size, nature 

18 of specialization, patents, Federal research 

19 and development spending, and other rel20 evant information for regional innovation 

21 clusters; and 

22 ‘‘(iii) supply chain product and service 

23 flows within and between regional innova24 tion clusters. 


srobinson on DSKHWCL6B1PROD with BILLS
177 

•HR 5116 IH

1 ‘‘(2) RESEARCH GRANTS.—The Secretary may 

2 award research grants on a competitive basic to sup3 port and further the goals of the program estab4 lished under this subsection. 

5 ‘‘(3) DISSEMINATION OF INFORMATION.—Data 

6 and analysis compiled by the Secretary under the 

7 program established in this subsection shall be made 

8 available to other Federal agencies, State and local 

9 governments, and nonprofit and for-profit entities. 

10 ‘‘(4) CLUSTER GRANT PROGRAM.—The Sec11 retary shall incorporate data and analysis relating to 

12 any regional innovation cluster supported by a grant 

13 under subsection (b) into the program established 

14 under this subsection. 

15 ‘‘(d) INTERAGENCY COORDINATION.— 

16 ‘‘(1) IN GENERAL.—To the maximum extent 

17 practicable, the Secretary shall ensure that the ac18 tivities carried out under this section are coordinated 

19 with, and do not duplicate the efforts of, other pro20 grams at the Department of Commerce and other 

21 Federal agencies. 

22 ‘‘(2) COLLABORATION.—The Secretary shall ex23 plore and pursue ways to collaborate with other Fed24 eral agencies, including through multiagency funding 

25 opportunities, on regional innovation strategies. 


srobinson on DSKHWCL6B1PROD with BILLS
178 

•HR 5116 IH

1 ‘‘(e) EVALUATION.— 

2 ‘‘(1) IN GENERAL.—Not later than 4 years 

3 after the date of enactment of this section, the Sec4 retary shall enter into a contract with an inde5 pendent entity, such as the National Academy of 

6 Sciences, to conduct an evaluation of the program 

7 established under subsection (a). 

8 ‘‘(2) REQUIREMENTS.—The evaluation shall in9 clude— 

10 ‘‘(A) whether such program is achieving its 

11 goals; 

12 ‘‘(B) any recommendations for how such 

13 program may be improved; and 

14 ‘‘(C) a recommendation as to whether such 

15 program should be continued or terminated. 

16 ‘‘(f) REGIONAL INNOVATION CLUSTER DEFINED.— 

17 The term ‘regional innovation cluster’ means a geographi18 cally bounded network of similar, synergistic, or com19 plimentary entities that— 

20 ‘‘(1) are engaged in or with a particular indus21 try sector; 

22 ‘‘(2) have active channels for business trans23 actions and communication; 

24 ‘‘(3) share specialized infrastructure, labor mar25 kets, and services; and 


srobinson on DSKHWCL6B1PROD with BILLS
179 

•HR 5116 IH

1 ‘‘(4) leverage the region’s unique competitive 

2 strengths to stimulate innovation and create jobs. 

3 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 

4 are authorized to be appropriated such sums as are nec5 essary for each of fiscal years 2011 through 2015 to carry 

6 out this section, including such sums as are necessary to 

7 carry out the evaluation required under subsection (e).’’. 

8 TITLE VI—DEPARTMENT OF 

9 ENERGY 

10 Subtitle A—Office of Science 

11 SEC. 601. SHORT TITLE. 

12 This subtitle may be cited as the ‘‘Department of En13 ergy Office of Science Authorization Act of 2010’’. 

14 SEC. 602. DEFINITIONS. 

15 Except as otherwise provided, in this subtitle: 

16 (1) DEPARTMENT.—The term ‘‘Department’’ 

17 means the Department of Energy. 

18 (2) DIRECTOR.—The term ‘‘Director’’ means 

19 the Director of the Office of Science. 

20 (3) OFFICE OF SCIENCE.—The term ‘‘Office of 

21 Science’’ means the Department of Energy Office of 

22 Science. 

23 (4) SECRETARY.—The term ‘‘Secretary’’ means 

24 the Secretary of Energy. 


srobinson on DSKHWCL6B1PROD with BILLS
180 

•HR 5116 IH

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 and major sci4 entific tools to transform the understanding of nature and 

5 to advance the energy, economic, and national security of 

6 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 basic research on energy production, 

21 storage, transmission, and use; and 

22 (B) advancing our understanding of the 

23 Earth’s climate through basic research in at24 mospheric and environmental sciences and cli25 mate change; and 


srobinson on DSKHWCL6B1PROD with BILLS
181 

•HR 5116 IH

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 


srobinson on DSKHWCL6B1PROD with BILLS
182 

•HR 5116 IH

1 other activities of the Department, and shall support joint 

2 activities among the programs of the Department. 

3 SEC. 604. BASIC ENERGY SCIENCES PROGRAM. 

4 (a) PROGRAM.—As part of the activities authorized 

5 under section 603, the Director shall carry out a program 

6 in basic energy sciences, including materials sciences and 

7 engineering, chemical sciences, biosciences, and geo8 sciences, for the purpose of providing the scientific founda9 tions for new energy technologies. 

10 (b) BASIC ENERGY SCIENCES USER FACILITIES.— 

11 (1) IN GENERAL.—The Director shall carry out 

12 a program for the construction, operation, and main13 tenance of national user facilities to support the pro14 gram under this section. As practicable, these facili15 ties shall serve the needs of the Department, indus16 try, the academic community, and other relevant en17 tities to create and examine new materials and 

18 chemical processes for the purposes of advancing 

19 new energy technologies and improving the competi20 tiveness of the United States. These facilities shall 

21 include— 

22 (A) x-ray light sources; 

23 (B) neutron sources; 

24 (C) electron beam microcharacterization 

25 centers; 


srobinson on DSKHWCL6B1PROD with BILLS
183 

•HR 5116 IH

1 (D) nanoscale science research centers; 

2 and 

3 (E) other facilities the Director considers 

4 appropriate, consistent with section 603(d). 

5 (2) FACILITY CONSTRUCTION AND UP6 GRADES.—Consistent with the Office of Science’s 

7 project management practices, the Director shall 

8 support construction of— 

9 (A) the National Synchrotron Light Source 

10 II; 

11 (B) a Second Target Station at the Spall12 ation Neutron Source; and 

13 (C) an upgrade of the Advanced Photon 

14 Source to improve brightness and performance. 

15 (c) ENERGY FRONTIER RESEARCH CENTERS.— 

16 (1) IN GENERAL.—The Director shall carry out 

17 a grant program to provide awards, on a competi18 tive, merit-reviewed basis, to multi-institutional col19 laborations or other appropriate entities to conduct 

20 fundamental and use-inspired energy research to ac21 celerate scientific breakthroughs related to needs 

22 identified in— 

23 (A) the Grand Challenges report of the De24 partment’s Basic Energy Sciences Advisory 

25 Committee; 


srobinson on DSKHWCL6B1PROD with BILLS
184 

•HR 5116 IH

1 (B) the Basic Energy Sciences Basic Re2 search Needs workshop reports; 

3 (C) energy-related Grand Challenges for 

4 Engineering, as described by the National 

5 Academy of Engineering; or 

6 (D) other relevant reports identified by the 

7 Director. 

8 (2) COLLABORATIONS.—A collaboration receiv9 ing a grant under this subsection may include mul10 tiple types of institutions and private sector entities. 

11 (3) SELECTION AND DURATION.— 

12 (A) IN GENERAL.—A collaboration under 

13 this subsection shall be selected for a period of 

14 5 years. 

15 (B) REAPPLICATION.—After the end of the 

16 period described in subparagraph (A), a grantee 

17 may reapply for selection for a second period of 

18 5 years on a competitive, merit-reviewed basis. 

19 (4) NO FUNDING FOR CONSTRUCTION.—No 

20 funding provided pursuant to this subsection may be 

21 used for the construction of new buildings or facili22 ties. 

23 (d) ACCELERATOR RESEARCH AND DEVELOP24 MENT.—The Director shall carry out research and devel25 opment on advanced accelerator technologies relevant to 


srobinson on DSKHWCL6B1PROD with BILLS
185 

•HR 5116 IH

1 the development of Basic Energy Sciences user facilities, 

2 in consultation with the Office of Science’s High Energy 

3 Physics and Nuclear Physics programs. 

4 SEC. 605. BIOLOGICAL AND ENVIRONMENTAL RESEARCH 

5 PROGRAM. 

6 (a) IN GENERAL.—As part of the activities author7 ized under section 603, the Director shall carry out a pro8 gram of research, development, demonstration, and com9 mercial application in the areas of biological systems 

10 science and climate and environmental science to support 

11 the energy and environmental missions of the Department. 

12 (b) BIOLOGICAL SYSTEMS SCIENCE SUBPROGRAM.— 

13 (1) SUBPROGRAM.—As part of the activities au14 thorized under subsection (a), the Director shall 

15 carry out a subprogram of research, development, 

16 and demonstration on fundamental, structural, com17 putational, and systems biology to increase systems18 level understanding of complex biological systems, 

19 which shall include activities to— 

20 (A) accelerate breakthroughs and new 

21 knowledge that will enable cost-effective sus22 tainable production of biomass-based liquid 

23 transportation fuels, bioenergy, and biobased 

24 products that minimize greenhouse gas emis25 sions; 


srobinson on DSKHWCL6B1PROD with BILLS
186 

•HR 5116 IH

1 (B) improve understanding of the global 

2 carbon cycle, including processes for removing 

3 carbon dioxide from the atmosphere, through 

4 photosynthesis and other biological processes, 

5 for sequestration and storage; and 

6 (C) understand the biological mechanisms 

7 used to destroy, immobilize, or remove contami8 nants from subsurface environments, including 

9 at facilities of the Department. 

10 (2) RESEARCH PLAN.—Not later than 1 year 

11 after the date of enactment of this Act, and at least 

12 once every 3 years thereafter, the Director shall pre13 pare and transmit to Congress a research plan de14 scribing how the subprogram authorized under this 

15 subsection will be undertaken. 

16 (3) BIOENERGY RESEARCH CENTERS.— 

17 (A) IN GENERAL.—In carrying out the 

18 subprogram under paragraph (1), the Director 

19 shall support at least 3 bioenergy research cen20 ters to accelerate basic biological research, de21 velopment, demonstration, and commercial ap22 plication of biomass-based liquid transportation 

23 fuels, bioenergy, and biobased products that re24 duce greenhouse gas emissions and are proVerDate Nov 24 2008 23:06 Apr 22, 2010 Jkt 089200 PO 00000 Frm 00186 Fmt 6652 Sfmt 6201 E:\BILLS\H5116.IH H5116

srobinson on DSKHWCL6B1PROD with BILLS
187 

•HR 5116 IH

1 duced from a variety of regionally diverse feed2 stocks. 

3 (B) GEOGRAPHIC DISTRIBUTION.—The Di4 rector shall ensure that the bioenergy research 

5 centers under this paragraph are established in 

6 geographically diverse locations. 

7 (C) SELECTION AND DURATION.—A center 

8 established under subparagraph (A) shall be se9 lected on a competitive, merit-reviewed basis for 

10 a period of 5 years beginning on the date of es11 tablishment of that center. A center already in 

12 existence on the date of enactment of this Act 

13 may continue to receive support for a period of 

14 5 years beginning on the date of establishment 

15 of that center. 

16 (4) ENABLING SYNTHETIC BIOLOGY PLAN.— 

17 (A) IN GENERAL.—The Secretary, in con18 sultation with other relevant Federal agencies, 

19 the academic community, research-based non20 profit entities, and the private sector, shall de21 velop a comprehensive plan for federally sup22 ported research and development activities that 

23 will support the energy and environmental mis24 sions of the Department and accelerate the 


srobinson on DSKHWCL6B1PROD with BILLS
188 

•HR 5116 IH

1 growth of a competitive synthetic biology indus2 try in the United States. 

3 (B) PLAN.—The plan developed under sub4 paragraph (A) shall assess the need to create a 

5 database for synthetic biology information, the 

6 need and process for developing standards for 

7 biological parts, components and systems, and 

8 the need for a federally funded facility that en9 ables the discovery, design, development, pro10 duction, and systematic use of parts, compo11 nents, and systems created through synthetic 

12 biology. The plan shall describe the role of the 

13 Federal Government in meeting these needs. 

14 (C) SUBMISSION TO CONGRESS.—The Sec15 retary shall transmit the plan developed under 

16 subparagraph (A) to the Congress not later 

17 than 9 months after the date of enactment of 

18 this Act. 

19 (5) COMPUTATIONAL BIOLOGY AND SYSTEMS

20 BIOLOGY KNOWLEDGEBASE.—As part of the subpro21 gram described in paragraph (1), the Director shall 

22 carry out research in computational biology, acquire 

23 or otherwise ensure the availability of hardware for 

24 biology-specific computation, and establish and 

25 maintain an open virtual database and information 


srobinson on DSKHWCL6B1PROD with BILLS
189 

•HR 5116 IH

1 management system to centrally integrate systems 

2 biology data, analytical software, and computational 

3 modeling tools that will allow data sharing and free 

4 information exchange in the scientific community. 

5 (6) REPEAL.—Section 977 of the Energy Policy 

6 Act of 2005 (42 U.S.C. 16317) is repealed. 

7 (c) CLIMATE AND ENVIRONMENTAL SCIENCES SUB8 PROGRAM.— 

9 (1) IN GENERAL.—As part of the activities au10 thorized under subsection (a), the Director shall 

11 carry out a subprogram of climate and environ12 mental science research, which shall include activi13 ties to— 

14 (A) understand, observe, and model the re15 sponse of the Earth’s atmosphere and bio16 sphere, including oceans, to increased green17 house gas emissions, and any associated 

18 changes in climate; 

19 (B) sequester, destroy, immobilize, or re20 move contaminants and carbon from subsurface 

21 environments, including at facilities of the De22 partment; and 

23 (C) develop potential mitigation and adap24 tation options for increased greenhouse gas 


srobinson on DSKHWCL6B1PROD with BILLS
190 

•HR 5116 IH

1 emissions and any associated changes in cli2 mate. 

3 (2) SUBSURFACE BIOGEOCHEMISTRY RE4 SEARCH.— 

5 (A) IN GENERAL.—As part of the subpro6 gram described in paragraph (1), the Director 

7 shall carry out research to advance a funda8 mental understanding of coupled physical, 

9 chemical, and biological processes for control10 ling the movement of sequestered carbon and 

11 subsurface environmental contaminants, includ12 ing field observations of subsurface microorga13 nisms and 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, 


srobinson on DSKHWCL6B1PROD with BILLS
191 

•HR 5116 IH

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.—The Director, in col8 laboration with other relevant agencies that are 

9 participants in the United States Global 

10 Change Research Program, shall carry out the 

11 selection and development of a next-generation 

12 ecosystem-climate change experiment to under13 stand the impact and feedbacks of increased 

14 temperature and elevated carbon levels on eco15 systems. 

16 (B) REPORT.—Not later than 1 year after 

17 the date of enactment of this Act, the Director 

18 shall transmit to the Congress a report con19 taining— 

20 (i) an identification of the location or 

21 locations that have been selected for the 

22 experiment described in subparagraph (A); 

23 (ii) a description of the need for addi24 tional experiments; and 

25 (iii) an associated research plan. 


srobinson on DSKHWCL6B1PROD with BILLS
192 

•HR 5116 IH

1 (4) AMERIFLUX NETWORK COORDINATION AND

2 RESEARCH.—As part of the subprogram described in 

3 paragraph (1), the Director shall carry out research 

4 and coordinate the AmeriFlux Network to directly 

5 observe and understand the exchange of greenhouse 

6 gases, water, and energy within terrestrial eco7 systems and the response of those systems to climate 

8 change and other dynamic terrestrial landscape 

9 changes. The Director, in collaboration with other 

10 relevant Federal agencies, shall— 

11 (A) identify opportunities to incorporate 

12 innovative and emerging observation tech13 nologies and practices into the existing Net14 work; 

15 (B) conduct research to determine the 

16 need for increased greenhouse gas observation 

17 facilities across North America to meet future 

18 mitigation and adaptation needs of the United 

19 States; and 

20 (C) examine how the technologies and 

21 practices described in subparagraph (A), and 

22 increased coordination among scientific commu23 nities through the Network, have the potential 

24 to help characterize baseline greenhouse gas 


srobinson on DSKHWCL6B1PROD with BILLS
193 

•HR 5116 IH

1 emission sources and sinks in the United States 

2 and internationally. 

3 (5) REGIONAL AND GLOBAL CLIMATE MOD4 ELING.—As part of the subprogram described in 

5 paragraph (1), the Director, in collaboration with 

6 the Office of Advanced Scientific Computing Re7 search described in section 606, shall carry out re8 search to develop, evaluate, and use high-resolution 

9 regional and global climate and Earth models and 

10 predictions to determine, and support efforts to re11 duce, the impacts of changing climate. 

12 (6) INTEGRATED ASSESSMENT RESEARCH.— 

13 The Director shall carry out research into options 

14 for 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.— 


srobinson on DSKHWCL6B1PROD with BILLS
194 

•HR 5116 IH

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 interactions, subsurface science, and the inter16 faces of natural and engineered materials; and 

17 (C) measurement of cloud and aerosol 

18 properties used for examining atmospheric proc19 esses and evaluating climate model perform20 ance, including ground stations at various loca21 tions, mobile resources, and aerial vehicles. 

22 SEC. 606. ADVANCED SCIENTIFIC COMPUTING RESEARCH 

23 PROGRAM. 

24 (a) IN GENERAL.—As part of the activities author25 ized under section 603, the Director shall carry out a reVerDate Nov 24 2008 23:06 Apr 22, 2010 Jkt 089200 PO 00000 Frm 00194 Fmt 6652 Sfmt 6201 E:\BILLS\H5116.IH H5116

srobinson on DSKHWCL6B1PROD with BILLS
195 

•HR 5116 IH

1 search, development, demonstration, and commercial ap2 plication program to advance computational and net3 working capabilities to analyze, model, simulate, and pre4 dict complex phenomena relevant to the development of 

5 new energy technologies and the competitiveness of the 

6 United States. 

7 (b) COORDINATION.— 

8 (1) DIRECTOR.—The Director shall carry out 

9 activities under this section in accordance with prior10 ities established by the Department’s Under Sec11 retary for Science to determine and meet the com12 putational and networking research and facility 

13 needs of the Office of Science and all other relevant 

14 energy technology programs within the Department. 

15 (2) UNDER SECRETARY FOR SCIENCE.—The 

16 Department’s Under Secretary for Science shall en17 sure the coordination of the activities of the Depart18 ment, including activities under this section, to de19 termine and meet the computational and networking 

20 research and facility needs of the Office of Science 

21 and all other relevant energy technology programs 

22 within the Department. 

23 (c) RESEARCH TO SUPPORT ENERGY APPLICA24 TIONS.—As part of the activities authorized under sub25 section (a), the program shall support research in highVerDate Nov 24 2008 02:41 Apr 23, 2010 Jkt 089200 PO 00000 Frm 00195 Fmt 6652 Sfmt 6201 E:\BILLS\H5116.IH H5116

srobinson on DSKHWCL6B1PROD with BILLS
196 

•HR 5116 IH

1 performance computing and networking relevant to energy 

2 applications, including both basic and applied energy re3 search programs carried out by the Secretary. 

4 (d) REPORTS.— 

5 (1) ADVANCED COMPUTING FOR ENERGY APPLI6 CATIONS.—Not later than one year after the date of 

7 enactment of this Act, the Secretary shall transmit 

8 to the Congress a plan to integrate and leverage the 

9 expertise and capabilities of the program described 

10 in subsection (a), as well as other relevant computa11 tional and networking research programs and re12 sources supported by the Federal Government, to 

13 advance the missions of the Department’s applied 

14 energy and energy efficiency programs. 

15 (2) EXASCALE COMPUTING.—At least 18 

16 months prior to the initiation of construction or in17 stallation of any exascale-class computing facility, 

18 the Secretary shall transmit a plan to the Congress 

19 detailing the proposed facility’s cost projections and 

20 capabilities to significantly accelerate the develop21 ment of new energy technologies. 

22 (e) APPLIED MATHEMATICS AND SOFTWARE DEVEL23 OPMENT FOR HIGH-END COMPUTING SYSTEMS.—The Di24 rector shall carry out activities to develop, test, and sup25 port mathematics, models, and algorithms for complex 


srobinson on DSKHWCL6B1PROD with BILLS
197 

•HR 5116 IH

1 systems, as well as programming environments, tools, lan2 guages, and operating systems for high-end computing 

3 systems (as defined in section 2 of the Department of En4 ergy High-End Computing Revitalization Act of 2004 (15 

5 U.S.C. 5541)). 

6 (f) HIGH-END COMPUTING FACILITIES.—The Direc7 tor shall— 

8 (1) provide for sustained access by the public 

9 and private research community in the United 

10 States to high-end computing systems and to Lead11 ership Systems (as defined in section 2 of the De12 partment of Energy High-End Computing Revital13 ization Act of 2004 (15 U.S.C. 5541)), including 

14 provision of technical support for users of such sys15 tems; and 

16 (2) conduct research and development on next17 generation computing architectures and platforms to 

18 support the missions of the Department. 

19 (g) OUTREACH.—The Director shall conduct out20 reach programs and may form partnerships to increase the 

21 use of and access to high-performance computing mod22 eling and simulation capabilities by industry, including 

23 manufacturers. 


srobinson on DSKHWCL6B1PROD with BILLS
198 

•HR 5116 IH

1 SEC. 607. FUSION ENERGY RESEARCH PROGRAM. 

2 (a) PROGRAM.—As part of the activities authorized 

3 under section 603, the Director shall carry out a fusion 

4 energy sciences research and development program to ef5 fectively address the scientific and engineering challenges 

6 to building a cost-competitive fusion power plant and a 

7 competitive fusion power industry in the United States. 

8 As part of this program, the Director shall carry out re9 search activities to expand the fundamental understanding 

10 of plasmas and matter at very high temperatures and den11 sities. 

12 (b) ITER.—The Director shall coordinate and carry 

13 out the responsibilities of the United States with respect 

14 to the ITER international fusion project pursuant to the 

15 Agreement on the Establishment of the ITER Inter16 national Fusion Energy Organization for the Joint Imple17 mentation of the ITER Project. 

18 (c) IDENTIFICATION OF PRIORITIES.—Not later than 

19 1 year after the date of enactment of this Act, the Sec20 retary shall transmit to the Congress a report on the De21 partment’s proposed research and development activities 

22 in magnetic fusion over the 10 years following the date 

23 of enactment of this Act under four realistic budget sce24 narios. The report shall— 

25 (1) identify specific areas of fusion energy de26 velopment in which the United States can and 


srobinson on DSKHWCL6B1PROD with BILLS
199 

•HR 5116 IH

1 should establish or solidify a lead in the global fu2 sion energy development effort; and 

3 (2) identify priorities for initiation of facility 

4 construction and facility decommissioning under 

5 each of those scenarios. 

6 (d) FUSION MATERIALS RESEARCH AND DEVELOP7 MENT.—The Director, in coordination with the Assistant 

8 Secretary for Nuclear Energy of the Department, shall 

9 carry out research and development activities to identify, 

10 characterize, and create materials that can endure the 

11 neutron, plasma, and heat fluxes expected in a commercial 

12 fusion power plant. As part of the activities authorized 

13 under subsection (c), the Secretary shall— 

14 (1) provide an assessment of the need for a fa15 cility or facilities that can examine and test potential 

16 fusion and next generation fission materials; and 

17 (2) provide an assessment of whether a single 

18 new facility that substantially addresses magnetic 

19 fusion, inertial fusion, and next generation fission 

20 materials research needs is feasible, in conjunction 

21 with the expected capabilities of facilities operational 

22 as of the date of enactment of this Act. 

23 (e) FUSION SIMULATION PROJECT.—In collaboration 

24 with the Office of Science’s Advanced Scientific Com25 puting Research program described in section 606, the DiVerDate Nov 24 2008 23:06 Apr 22, 2010 Jkt 089200 PO 00000 Frm 00199 Fmt 6652 Sfmt 6201 E:\BILLS\H5116.IH H5116

srobinson on DSKHWCL6B1PROD with BILLS
200 

•HR 5116 IH

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 (f) 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 


srobinson on DSKHWCL6B1PROD with BILLS
201 

•HR 5116 IH

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 Nov 24 2008 23:06 Apr 22, 2010 Jkt 089200 PO 00000 Frm 00201 Fmt 6652 Sfmt 6201 E:\BILLS\H5116.IH H5116

srobinson on DSKHWCL6B1PROD with BILLS
202 

•HR 5116 IH

1 priate Federal agencies as necessary, shall maximize the 

2 access 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 or other pur23 poses. In making this determination, the Secretary shall 

24 consider any relevant recommendations made by Federal 

25 advisory committees, the National Academies, and interVerDate Nov 24 2008 23:06 Apr 22, 2010 Jkt 089200 PO 00000 Frm 00202 Fmt 6652 Sfmt 6201 E:\BILLS\H5116.IH H5116

srobinson on DSKHWCL6B1PROD with BILLS
203 

•HR 5116 IH

1 agency working groups in which the Department partici2 pates. 

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. 


srobinson on DSKHWCL6B1PROD with BILLS
204 

•HR 5116 IH

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 


srobinson on DSKHWCL6B1PROD with BILLS
205 

•HR 5116 IH

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) $6,221,000,000 for fiscal year 2011, of 

16 which— 

17 (A) $2,020,000,000 shall be for Basic En18 ergy Sciences activities under section 604; 

19 (B) $700,000,000 shall be for Biological 

20 and Environmental Research activities under 

21 section 605; and 

22 (C) $469,000,000 shall be for Advanced 

23 Scientific Computing Research activities under 

24 section 606; 


srobinson on DSKHWCL6B1PROD with BILLS
206 

•HR 5116 IH

1 (2) $6,656,000,000 for fiscal year 2012, of 

2 which— 

3 (A) $2,220,000,000 shall be for Basic En4 ergy Sciences activities under section 604; 

5 (B) $791,000,000 shall be for Biological 

6 and Environmental Research activities under 

7 section 605; and 

8 (C) $515,000,000 shall be for Advanced 

9 Scientific Computing Research activities under 

10 section 606; 

11 (3) $7,122,000,000 for fiscal year 2013, of 

12 which— 

13 (A) $2,440,000,000 shall be for Basic En14 ergy Sciences activities under section 604; 

15 (B) $894,000,000 shall be for Biological 

16 and Environmental Research activities under 

17 section 605; and 

18 (C) $567,000,000 shall be for Advanced 

19 Scientific Computing Research activities under 

20 section 606; 

21 (4) $7,621,000,000 for fiscal year 2014, of 

22 which— 

23 (A) $2,690,000,000 shall be for Basic En24 ergy Sciences activities under section 604; 


srobinson on DSKHWCL6B1PROD with BILLS
207 

•HR 5116 IH

1 (B) $957,000,000 shall be for Biological 

2 and Environmental Research activities under 

3 section 605; and 

4 (C) $624,000,000 shall be for Advanced 

5 Scientific Computing Research activities under 

6 section 606; and 

7 (5) $8,154,000,000 for fiscal year 2015, of 

8 which— 

9 (A) $2,960,000,000 shall be for Basic En10 ergy Sciences activities under section 604; 

11 (B) $1,060,000,000 shall be for Biological 

12 and Environmental Research activities under 

13 section 605; and 

14 (C) $686,000,000 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)— 


srobinson on DSKHWCL6B1PROD with BILLS
208 

•HR 5116 IH

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) by redesignating subsections (f) through 

18 (m) as subsections (g), (h), (i), (j), (l), (m), (n), and 

19 (o), respectively; 

20 (4) by inserting after subsection (e) the fol21 lowing new subsection: 

22 ‘‘(f) AWARDS.—In carrying out this section, the Di23 rector shall initiate and execute awards in the form of 

24 grants, contracts, cooperative agreements, cash prizes, 

25 and other transactions.’’; 


srobinson on DSKHWCL6B1PROD with BILLS
209 

•HR 5116 IH

1 (5) in subsection (g), as so redesignated by 

2 paragraph (3) of this section— 

3 (A) by redesignating paragraphs (1) and 

4 (2) as paragraphs (2) and (3), respectively; 

5 (B) by inserting before paragraph (2), as 

6 so redesignated by subparagraph (A) of this 

7 paragraph, the following new paragraph: 

8 ‘‘(1) IN GENERAL.—The Director shall establish 

9 and maintain within ARPA–E a staff, including 

10 legal counsel, contracting personnel, and program di11 rectors, with sufficient qualifications and expertise 

12 to enable ARPA–E to carry out its responsibilities 

13 under this section separate and distinct from the op14 erations of the rest of the Department.’’; 

15 (C) in paragraph (2)(A), as so redesig16 nated by subparagraph (A) of this paragraph, 

17 by striking ‘‘each of’’; 

18 (D) in paragraph (2)(B), as so redesig19 nated by subparagraph (A) of this paragraph— 

20 (i) in clause (iv), by striking ‘‘, with 

21 advice under subsection (j) as appro22 priate,’’; 

23 (ii) by redesignating clauses (v) and 

24 (vi) as clauses (vi) and (viii), respectively; 


srobinson on DSKHWCL6B1PROD with BILLS
210 

•HR 5116 IH

1 (iii) by inserting after clause (iv) the 

2 following new clause: 

3 ‘‘(v) identifying innovative cost-shar4 ing arrangements for ARPA–E projects, 

5 including through use of the authority 

6 under section 988(b)(3) of the Energy Pol7 icy Act of 2005 (42 U.S.C. 16352(b)(3));’’; 

8 (iv) in clause (vi), as so redesignated 

9 by clause (ii) of this subparagraph, by 

10 striking ‘‘; and’’ and inserting a semicolon; 

11 and 

12 (v) by inserting after clause (vi), as so 

13 redesignated by clause (ii) of this subpara14 graph, the following new clause: 

15 ‘‘(vii) identifying mechanisms for com16 mercial application of successful energy 

17 technology development projects, including 

18 through establishment of partnerships be19 tween awardees and commercial entities; 

20 and’’; 

21 (E) in paragraph (2)(C), as so redesig22 nated by subparagraph (A) of this paragraph, 

23 by inserting ‘‘up to’’ after ‘‘shall be’’; 

24 (F) in paragraph (3), as so redesignated 

25 by subparagraph (A) of this paragraph, by 


srobinson on DSKHWCL6B1PROD with BILLS
211 

•HR 5116 IH

1 striking subparagraph (B) and redesignating 

2 subparagraphs (C) and (D) as subparagraphs 

3 (B) and (C), respectively; 

4 (G) by striking ‘‘program managers’’ each 

5 place it appears and inserting ‘‘program direc6 tors’’; 

7 (H) by striking ‘‘program manager’’ each 

8 place it appears and inserting ‘‘program direc9 tor’’; and 

10 (I) by adding at the end the following new 

11 paragraph: 

12 ‘‘(4) FELLOWSHIPS.—The Director is author13 ized to select exceptional early-career and senior sci14 entific, legal, business, and technical personnel to 

15 serve as fellows to work at ARPA–E for terms not 

16 to exceed two years. Responsibilities of fellows may 

17 include— 

18 ‘‘(A) supporting program managers in pro19 gram creation, design, implementation, and 

20 management; 

21 ‘‘(B) exploring technical fields for future 

22 ARPA–E program areas; 

23 ‘‘(C) assisting the Director in the creation 

24 of the strategic vision for ARPA–E referred to 

25 in subsection (h)(2); 


srobinson on DSKHWCL6B1PROD with BILLS
212 

•HR 5116 IH

1 ‘‘(D) preparing energy technology and eco2 nomic analyses; and 

3 ‘‘(E) any other appropriate responsibilities 

4 identified by the Director.’’; 

5 (6) in subsection (h)(2), as so redesignated by 

6 paragraph (3) of this section— 

7 (A) by striking ‘‘2008’’ and inserting 

8 ‘‘2010’’; and 

9 (B) by striking ‘‘2011’’ and inserting 

10 ‘‘2013’’; 

11 (7) by amending subsection (j), as so redesig12 nated by paragraph (3) of this section, to read as 

13 follows: 

14 ‘‘(j) FEDERAL DEMONSTRATION OF TECH15 NOLOGIES.—The Director shall seek opportunities to part16 ner with purchasing and procurement programs of Federal 

17 agencies to demonstrate energy technologies resulting 

18 from activities funded through ARPA–E.’’; 

19 (8) by inserting after such subsection (j) the 

20 following new subsection: 

21 ‘‘(k) EVENTS.—The Director is authorized to con22 vene, organize, and sponsor events that further the objec23 tives of ARPA–E, including events that assemble award24 ees, the most promising applicants for ARPA–E funding, 

25 and a broad range of ARPA–E stakeholders (which may 


srobinson on DSKHWCL6B1PROD with BILLS
213 

•HR 5116 IH

1 include members of relevant scientific research and aca2 demic communities, government officials, financial institu3 tions, private investors, entrepreneurs, and other private 

4 entities), for the purposes of— 

5 ‘‘(1) demonstrating projects of ARPA–E award6 ees; 

7 ‘‘(2) demonstrating projects of finalists for 

8 ARPA–E awards and other energy technology 

9 projects; 

10 ‘‘(3) facilitating discussion of the commercial 

11 application of energy technologies developed under 

12 ARPA–E and other government-sponsored research 

13 and development programs; or 

14 ‘‘(4) such other purposes as the Director con15 siders appropriate.’’; 

16 (9) in subsection (m)(1), as so redesignated by 

17 paragraph (3) of this section, by striking ‘‘4 years’’ 

18 and inserting ‘‘6 years’’; 

19 (10) in subsection (m)(2)(B), as so redesig20 nated by paragraph (3) of this section, by inserting 

21 ‘‘, and how those lessons may apply to the operation 

22 of other programs within the Department of En23 ergy’’ after ‘‘ARPA–E’’; 


srobinson on DSKHWCL6B1PROD with BILLS
214 

•HR 5116 IH

1 (11) by amending subsection (o)(2), as so re2 designated by paragraph (3) of this section, to read 

3 as follows: 

4 ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.— 

5 Subject to paragraph (4), there are authorized to be 

6 appropriated to the Director for deposit in the 

7 Fund, without fiscal year limitation— 

8 ‘‘(A) $300,000,000 for fiscal year 2011; 

9 ‘‘(B) $500,000,000 for fiscal year 2012; 

10 ‘‘(C) $700,000,000 for fiscal year 2013; 

11 ‘‘(D) $900,000,000 for fiscal year 2014; 

12 ‘‘(E) $1,000,000,000 for fiscal year 2015; 

13 and 

14 ‘‘(F) such sums as are necessary for each 

15 of fiscal years 2016 through 2020.’’; 

16 (12) in subsection (o), as so redesignated by 

17 paragraph (3) of this section, by— 

18 (A) striking paragraph (4); and 

19 (B) redesignated paragraph (5) as para20 graph (4); and 

21 (13) in subsection (o)(4)(B), as so redesignated 

22 by paragraphs (3) and (12)(B) of this subsection— 

23 (A) by striking ‘‘2.5 percent’’ and inserting 

24 ‘‘5 percent’’; and 


srobinson on DSKHWCL6B1PROD with BILLS
215 

•HR 5116 IH

1 (B) by inserting ‘‘, consistent with the goal 

2 described in subsection (c)(2)(D) and within the 

3 responsibilities of program directors as specified 

4 in subsection (g)(2)(B)(vii)’’ after ‘‘outreach ac5 tivities’’. 

6 Subtitle C—Energy Innovation 

7 Hubs 

8 SEC. 631. SHORT TITLE. 

9 This subtitle may be cited as the ‘‘Energy Innovation 

10 Hubs Authorization Act of 2010’’. 

11 SEC. 632. ENERGY INNOVATION HUBS. 

12 (a) ESTABLISHMENT OF PROGRAM.— 

13 (1) IN GENERAL.—The Secretary of Energy 

14 shall carry out a program to enhance the Nation’s 

15 economic, environmental, and energy security by 

16 making grants to consortia for establishing and op17 erating Energy Innovation Hubs to conduct and 

18 support, whenever practicable at one centralized lo19 cation, multidisciplinary, collaborative research, de20 velopment, demonstration, and commercial applica21 tion of advanced energy technologies in areas not 

22 being served by the private sector. 

23 (2) TECHNOLOGY DEVELOPMENT FOCUS.—The 

24 Secretary shall designate for each Hub a unique ad25 vanced energy technology development focus. 


srobinson on DSKHWCL6B1PROD with BILLS
216 

•HR 5116 IH

1 (3) COORDINATION.—The Secretary shall en2 sure the coordination of, and avoid unnecessary du3 plication of, the activities of Hubs with those of 

4 other Department of Energy research entities, in5 cluding the National Laboratories, the Advanced Re6 search Projects Agency—Energy, and Energy Fron7 tier Research Centers, and within industry. Such co8 ordination shall include convening and consulting 

9 with representatives of staff of the Department of 

10 Energy, representatives from Hubs and the quali11 fying entities that are members of the consortia op12 erating the Hubs, and representatives of such other 

13 entities as the Secretary considers appropriate, to 

14 share research results, program plans, and opportu15 nities for collaboration. 

16 (4) ADMINISTRATION.—The Secretary shall ad17 minister this section with respect to each Hub 

18 through the Department program office appropriate 

19 to administer the subject matter of the technology 

20 development focus assigned under paragraph (2) for 

21 the Hub. 

22 (b) CONSORTIA.— 

23 (1) ELIGIBILITY.—To be eligible to receive a 

24 grant under this section for the establishment and 

25 operation of a Hub, a consortium shall— 


srobinson on DSKHWCL6B1PROD with BILLS
217 

•HR 5116 IH

1 (A) be composed of no fewer than 2 quali2 fying entities; 

3 (B) operate subject to a binding agreement 

4 entered into by its members that documents— 

5 (i) the proposed partnership agree6 ment, including the governance and man7 agement structure of the Hub; 

8 (ii) measures to enable cost-effective 

9 implementation of the program under this 

10 section; 

11 (iii) a proposed budget, including fi12 nancial contributions from non-Federal 

13 sources; 

14 (iv) conflict of interest procedures 

15 consistent with subsection (d)(3), all 

16 known material conflicts of interest, and 

17 corresponding mitigation plans; 

18 (v) an accounting structure that en19 ables the Secretary to ensure that the con20 sortium has complied with the require21 ments of this section; and 

22 (vi) an external advisory committee 

23 consistent with subsection (d)(2); and 

24 (C) operate as a nonprofit organization. 


srobinson on DSKHWCL6B1PROD with BILLS
218 

•HR 5116 IH

1 (2) APPLICATION.—A consortium seeking to es2 tablish and operate a Hub under this section, acting 

3 through a prime applicant, shall transmit to the Sec4 retary an application at such time, in such form, 

5 and accompanied by such information as the Sec6 retary shall require, including a detailed description 

7 of the elements of the consortium agreement re8 quired under paragraph (1)(B). 

9 (c) SELECTION AND SCHEDULE.—The Secretary 

10 shall select consortia for grants for the establishment and 

11 operation of Hubs through competitive selection processes. 

12 Grants made to a Hub shall be for a period not to exceed 

13 5 years, after which the grant may be renewed, subject 

14 to a competitive selection process. 

15 (d) HUB OPERATIONS.— 

16 (1) IN GENERAL.—Hubs shall conduct or pro17 vide for multidisciplinary, collaborative research, de18 velopment, demonstration, and commercial applica19 tion of advanced energy technologies within the tech20 nology development focus designated for the Hub by 

21 the Secretary under subsection (a)(2). Each Hub 

22 shall— 

23 (A) encourage collaboration and commu24 nication among the member qualifying entities 

25 of the consortium and awardees by conducting 


srobinson on DSKHWCL6B1PROD with BILLS
219 

•HR 5116 IH

1 activities whenever practicable at one central2 ized location; 

3 (B) develop and publish on the Depart4 ment of Energy’s Web site proposed plans and 

5 programs; 

6 (C) submit an annual report to the Sec7 retary summarizing the Hub’s activities, includ8 ing detailing organizational expenditures, listing 

9 external advisory committee members, and de10 scribing each project undertaken by the Hub; 

11 and 

12 (D) monitor project implementation and 

13 coordination. 

14 (2) EXTERNAL ADVISORY COMMITTEE.—Each 

15 Hub shall establish an external advisory committee, 

16 the membership of which shall have sufficient exper17 tise to advise and provide guidance on scientific, 

18 technical, industry, financial, and research manage19 ment matters. 

20 (3) CONFLICTS OF INTEREST.— 

21 (A) PROCEDURES.—Hubs shall establish 

22 conflict of interest procedures, consistent with 

23 those of the Department of Energy, to ensure 

24 that employees and consortia designees for Hub 

25 activities who are in decisionmaking capacities 


srobinson on DSKHWCL6B1PROD with BILLS
220 

•HR 5116 IH

1 disclose all material conflicts of interest, includ2 ing financial, organizational, and personal con3 flicts of interest. 

4 (B) DISQUALIFICATION AND REVOCA5 TION.—The Secretary may disqualify an appli6 cation or revoke funds distributed to a Hub if 

7 the Secretary discovers a failure to comply with 

8 conflict of interest procedures established under 

9 subparagraph (A). 

10 (e) PROHIBITION ON CONSTRUCTION.—No funds 

11 provided pursuant to this section may be used for con12 struction of new buildings or facilities for Hubs. Construc13 tion of new buildings or facilities shall not be considered 

14 as part of the non-Federal share of a Hub cost-sharing 

15 agreement. 

16 (f) OVERSIGHT BOARD.—The Secretary shall estab17 lish and maintain within the Department an Oversight 

18 Board to oversee the progress of Hubs. 

19 (g) DEFINITIONS.—For purposes of this section: 

20 (1) ADVANCED ENERGY TECHNOLOGY.—The 

21 term ‘‘advanced energy technology’’ means an inno22 vative technology— 

23 (A) that produces energy from solar, wind, 

24 geothermal, biomass, tidal, wave, ocean, or 

25 other renewable energy resources; 


srobinson on DSKHWCL6B1PROD with BILLS
221 

•HR 5116 IH

1 (B) that produces nuclear energy; 

2 (C) for carbon capture and sequestration; 

3 or 

4 (D) that generates, transmits, distributes, 

5 utilizes, or stores energy more efficiently than 

6 conventional technologies. 

7 (2) HUB.—The term ‘‘Hub’’ means an Energy 

8 Innovation Hub established in accordance with this 

9 section. 

10 (3) INSTITUTION OF HIGHER EDUCATION.—The 

11 term ‘‘institution of higher education’’ has the 

12 meaning given that term in section 101(a) of the 

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

14 (4) QUALIFYING ENTITY.—The term ‘‘quali15 fying entity’’ means— 

16 (A) an institution of higher education; 

17 (B) an appropriate State or Federal entity; 

18 (C) a nongovernmental organization with 

19 expertise in advanced energy technology re20 search, development, demonstration, or com21 mercial application; or 

22 (D) any other relevant entity the Secretary 

23 considers appropriate. 

24 (5) SECRETARY.—The term ‘‘Secretary’’ means 

25 the Secretary of Energy. 


srobinson on DSKHWCL6B1PROD with BILLS
222 

•HR 5116 IH

1 (h) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated to the Secretary to carry 

3 out this section— 

4 (1) $110,000,000 for fiscal year 2011; 

5 (2) $135,000,000 for fiscal year 2012; 

6 (3) $195,000,000 for fiscal year 2013; 

7 (4) $210,000,000 for fiscal year 2014; and 

8 (5) $210,000,000 for fiscal year 2015. 

Æ 


srobinson on DSKHWCL6B1PROD with BILLS