I 

111TH CONGRESS 

2D SESSION H. R. 5325 

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 

MAY 18, 2010 

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

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

Committees on Education and Labor and the Budget, 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. 


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TITLE I—SCIENCE AND TECHNOLOGY POLICY 

Subtitle A—National Nanotechnology Initiative Amendments 

Sec. 101. Short title. 

Sec. 102. National nanotechnology program amendments. 

Sec. 103. Societal dimensions of nanotechnology. 

Sec. 104. Technology transfer. 

Sec. 105. Research in areas of national importance. 

Sec. 106. Nanomanufacturing research. 

Sec. 107. Definitions. 

Subtitle B—Networking and Information Technology Research and 

Development 

Sec. 111. Short title. 

Sec. 112. Program planning and coordination. 

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

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

Sec. 115. National Coordination Office. 

Sec. 116. Improving networking and information technology education. 

Sec. 117. Conforming and technical amendments. 

Subtitle C—Other OSTP Provisions 

Sec. 121. Federal scientific collections. 

Sec. 122. Coordination of manufacturing research and development. 

Sec. 123. Interagency public access committee. 

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

Sec. 125. National Competitiveness and Innovation Strategy. 

TITLE II—NATIONAL SCIENCE FOUNDATION 

Sec. 201. Short title. 

Subtitle A—General Provisions 

Sec. 211. Definitions. 

Sec. 212. Authorization of appropriations. 

Sec. 213. National Science Board administrative amendments. 

Sec. 214. Broader impacts review criterion. 

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

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

Subtitle B—Research and Innovation 

Sec. 221. Support for potentially transformative research. 

Sec. 222. Facilitating interdisciplinary collaborations for national needs. 

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

Sec. 224. Strengthening institutional research partnerships. 

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

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

the Foundation. 

Sec. 227. Partnerships for innovation. 

Sec. 228. Prize awards. 

Sec. 229. Green chemistry basic research. 

Sec. 230. Collaboration in planning for stewardship of large-scale facilities. 


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Subtitle C—STEM Education and Workforce Training 

Sec. 241. Graduate student support. 

Sec. 242. Postdoctoral fellowship in STEM education research. 

Sec. 243. Robert Noyce teacher scholarship program. 

Sec. 244. Institutions serving persons with disabilities. 

Sec. 245. Institutional integration. 

Sec. 246. Postdoctoral research fellowships. 

Sec. 247. Broadening participation training and outreach. 

Sec. 248. Transforming undergraduate education in STEM. 

Sec. 249. 21st century graduate education. 

Sec. 250. Undergraduate broadening participation program. 

Sec. 251. Grand challenges in education research. 

Sec. 252. Research experiences for undergraduates. 

Sec. 253. Laboratory science pilot program. 

Sec. 254. STEM industry internship programs. 

Sec. 255. Tribal colleges and universities program. 

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

Sec. 257. Sense of Congress. 

TITLE III—STEM EDUCATION 

Sec. 301. Coordination of Federal STEM education. 

Sec. 302. Advisory committee on STEM education. 

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

Sec. 304. Green energy education. 

Sec. 305. National Academy of Sciences report on strengthening the capacity 

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

Sec. 306. Sense of Congress on engineering education. 

Sec. 307. Sense of Congress on grant application consideration. 

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

education. 

TITLE IV—NATIONAL INSTITUTE OF STANDARDS AND 

TECHNOLOGY 

Sec. 401. Short title. 

Sec. 402. Authorization of appropriations. 

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

Sec. 404. Reorganization of NIST laboratories. 

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

Sec. 406. Manufacturing extension partnership. 

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

Sec. 408. TIP Advisory Board. 

Sec. 409. Underrepresented minorities. 

Sec. 410. Cyber security standards and guidelines. 

Sec. 411. Disaster resilient buildings and infrastructure. 

Sec. 412. Definitions. 

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

Sec. 414. Green manufacturing and construction. 

Sec. 415. Nanomaterial initiative. 

Sec. 416. Manufacturing research. 


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TITLE V—INNOVATION 

Sec. 501. Office of Innovation and Entrepreneurship. 

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

Sec. 503. Regional innovation program. 

Sec. 504. Clean Energy Consortium. 

TITLE VI—DEPARTMENT OF ENERGY 

Subtitle A—Office of Science 

Sec. 601. Short title. 

Sec. 602. Definitions. 

Sec. 603. Mission of the Office of Science. 

Sec. 604. Basic Energy Sciences Program. 

Sec. 605. Biological and Environmental Research Program. 

Sec. 606. Advanced Scientific Computing Research Program. 

Sec. 607. Fusion energy research program. 

Sec. 608. High Energy Physics Program. 

Sec. 609. Nuclear Physics Program. 

Sec. 610. Science Laboratories Infrastructure Program. 

Sec. 611. Authorization of appropriations. 

Subtitle B—Advanced Research Projects Agency—Energy 

Sec. 621. Short title. 

Sec. 622. ARPA–E amendments. 

Subtitle C—Energy Innovation Hubs 

Sec. 631. Short title. 

Sec. 632. Energy Innovation Hubs. 

Subtitle D—Cooperative Research and Development Fund 

Sec. 641. Short title. 

Sec. 642. Cooperative research and development fund. 

Subtitle E—Technology Transfer Database 

Sec. 651. Technology transfer database. 

TITLE VII—MISCELLANEOUS 

Sec. 701. Sense of Congress. 

Sec. 702. Persons with disabilities. 

Sec. 703. Veterans and service members. 

Sec. 704. Budgetary effects. 

Sec. 705. Limitation on employment and receipt of funds. 

Sec. 706. Prohibition on lobbying. 

Sec. 707. Information requests by labor organizations. 

Sec. 708. Limitation on use of funds. 

Sec. 709. No salaries for viewing pornography. 


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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— 

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

25 out of the laboratory and into applications for 


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1 the benefit of society, including through co2 operation and collaborations with nanotechnol3 ogy research, development, and technology tran4 sition initiatives supported by the States; 

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

6 support interdisciplinary research and develop7 ment in nanotechnology; and 

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

9 importance in accordance with the requirements 

10 of section 105 of the National Nanotechnology 

11 Initiative Amendments Act of 2010;’’; 

12 (2) in section 2— 

13 (A) in subsection (d)— 

14 (i) by redesignating paragraphs (1) 

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

16 respectively; and 

17 (ii) by inserting the following new 

18 paragraph before paragraph (2), as so re19 designated by clause (i) of this subpara20 graph: 

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

22 year, for each agency that participates in the Pro23 gram, including a breakout of spending for the de24 velopment and acquisition of research facilities and 

25 instrumentation, for each program component area, 


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1 and for all activities pursuant to subsection 

2 (b)(10);’’; and 

3 (B) by inserting at the end the following 

4 new subsection: 

5 ‘‘(e) STANDARDS SETTING.—The agencies partici6 pating in the Program shall support the activities of com7 mittees involved in the development of standards for nano8 technology and may reimburse the travel costs of scientists 

9 and engineers who participate in activities of such commit10 tees.’’; 

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

12 following new subsection: 

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

14 Nanotechnology Coordination Office shall be supported by 

15 funds from each agency participating in the Program. The 

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

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

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

19 for the previous fiscal year, as specified in the report re20 quired under section 2(d)(1). 

21 ‘‘(2) The annual report under section 2(d) shall in22 clude— 

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

24 the National Nanotechnology Coordination Office to 

25 perform the functions specified under subsection (a) 


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1 for the next fiscal year by category of activity, in2 cluding the funding required to carry out the re3 quirements of section 2(b)(10)(D), subsection (d) of 

4 this section, and section 5; 

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

6 such Office to perform the functions specified under 

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

8 of activity, including the funding required to carry 

9 out the requirements of subsection (d); and 

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

11 Office for the current fiscal year by each agency par12 ticipating in the Program.’’; 

13 (4) by inserting at the end of section 3 the fol14 lowing new subsection: 

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

16 Nanotechnology Coordination Office shall develop and 

17 maintain a database accessible by the public of projects 

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

19 Education and Societal Dimensions, and the Nanomanu20 facturing program component areas, or any successor pro21 gram component areas, including a description of each 

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

23 history. For the Environmental, Health, and Safety pro24 gram component area, or any successor program compo25 nent area, projects shall be grouped by major objective as 


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

2 of the National Nanotechnology Initiative Amendments 

3 Act of 2010. For the Education and Societal Dimensions 

4 program component area, or any successor program com5 ponent area, the projects shall be grouped in subcategories 

6 of— 

7 ‘‘(A) education in formal settings; 

8 ‘‘(B) education in informal settings; 

9 ‘‘(C) public outreach; and 

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

11 ‘‘(2) The National Nanotechnology Coordination Of12 fice shall develop, maintain, and publicize information on 

13 nanotechnology facilities supported under the Program, 

14 and may include information on nanotechnology facilities 

15 supported by the States, that are accessible for use by in16 dividuals from academic institutions and from industry. 

17 The information shall include at a minimum the terms and 

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

19 capabilities of the instruments and equipment available for 

20 use at the facility, and a description of the technical sup21 port available to assist users of the facility.’’; 

22 (5) in section 4(a)— 

23 (A) by striking ‘‘or designate’’; 

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

25 after ‘‘Advisory Panel’’; and 


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

2 Panel shall form a subpanel with membership 

3 having specific qualifications tailored to enable 

4 it to carry out the requirements of subsection 

5 (c)(7).’’; 

6 (6) in section 4(b)— 

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

8 designating’’; and 

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

10 ‘‘At least one member of the Advisory Panel 

11 shall be an individual employed by and rep12 resenting a minority-serving institution.’’; 

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

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

15 NANOTECHNOLOGY PROGRAM. 

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

17 Nanotechnology Coordination Office shall enter into an ar18 rangement with the National Research Council of the Na19 tional Academy of Sciences to conduct a triennial review 

20 of the Program. The Director shall ensure that the ar21 rangement with the National Research Council is con22 cluded in order to allow sufficient time for the reporting 

23 requirements of subsection (b) to be satisfied. Each tri24 ennial review shall include an evaluation of the— 


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

2 the Program, including whether the allocation of 

3 funding among program component areas, as des4 ignated according to section 2(c)(2), is appropriate; 

5 ‘‘(2) effectiveness of the Program’s manage6 ment and coordination across agencies and dis7 ciplines, including an assessment of the effectiveness 

8 of the National Nanotechnology Coordination Office; 

9 ‘‘(3) Program’s scientific and technological ac10 complishments and its success in transferring tech11 nology to the private sector; and 

12 ‘‘(4) adequacy of the Program’s activities ad13 dressing ethical, legal, environmental, and other ap14 propriate societal concerns, including human health 

15 concerns. 

16 ‘‘(b) EVALUATION TO BE TRANSMITTED TO CON17 GRESS.—The National Research Council shall document 

18 the results of each triennial review carried out in accord19 ance with subsection (a) in a report that includes any rec20 ommendations for ways to improve the Program’s man21 agement and coordination processes and for changes to 

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

23 content. Each report shall be submitted to the Director 

24 of the National Nanotechnology Coordination Office, who 

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


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1 Commerce, Science, and Transportation of the Senate, 

2 and the Committee on Science and Technology of the 

3 House of Representatives not later than September 30 of 

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

5 2010. 

6 ‘‘(c) FUNDING.—Of the amounts provided in accord7 ance with section 3(b)(1), the following amounts shall be 

8 available to carry out this section: 

9 ‘‘(1) $500,000 for fiscal year 2010. 

10 ‘‘(2) $500,000 for fiscal year 2011. 

11 ‘‘(3) $500,000 for fiscal year 2012.’’; and 

12 (8) in section 10— 

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

14 follows: 

15 ‘‘(2) NANOTECHNOLOGY.—The term ‘nanotech16 nology’ means the science and technology that will 

17 enable one to understand, measure, manipulate, and 

18 manufacture at the nanoscale, aimed at creating ma19 terials, devices, and systems with fundamentally new 

20 properties or functions.’’; and 

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

22 paragraph: 

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

24 one or more dimensions of between approximately 1 

25 and 100 nanometers.’’. 


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1 SEC. 103. SOCIETAL DIMENSIONS OF NANOTECHNOLOGY. 

2 (a) COORDINATOR FOR SOCIETAL DIMENSIONS OF

3 NANOTECHNOLOGY.—The Director of the Office of 

4 Science and Technology Policy shall designate an associate 

5 director of the Office of Science and Technology Policy 

6 as the Coordinator for Societal Dimensions of Nanotech7 nology. The Coordinator shall be responsible for oversight 

8 of the coordination, planning, and budget prioritization of 

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

10 Nanotechnology Research and Development Act (15 

11 U.S.C. 7501(b)(10)). The Coordinator shall, with the as12 sistance of appropriate senior officials of the agencies 

13 funding activities within the Environmental, Health, and 

14 Safety and the Education and Societal Dimensions pro15 gram component areas of the Program, or any successor 

16 program component areas, ensure that the requirements 

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

18 of the Coordinator shall include— 

19 (1) ensuring that a research plan for the envi20 ronmental, health, and safety research activities re21 quired under subsection (b) is developed, updated, 

22 and implemented and that the plan is responsive to 

23 the recommendations of the subpanel of the Advi24 sory Panel established under section 4(a) of the 21st 

25 Century Nanotechnology Research and Development 


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1 Act (15 U.S.C. 7503(a)), as amended by this sub2 title; 

3 (2) encouraging and monitoring the efforts of 

4 the agencies participating in the Program to allocate 

5 the level of resources and management attention 

6 necessary to ensure that the ethical, legal, environ7 mental, and other appropriate societal concerns re8 lated to nanotechnology, including human health 

9 concerns, are addressed under the Program, includ10 ing the implementation of the research plan de11 scribed in subsection (b); and 

12 (3) encouraging the agencies required to de13 velop the research plan under subsection (b) to iden14 tify, assess, and implement suitable mechanisms for 

15 the establishment of public-private partnerships for 

16 support of environmental, health, and safety re17 search. 

18 (b) RESEARCH PLAN.— 

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

20 Dimensions of Nanotechnology shall convene and 

21 chair a panel comprised of representatives from the 

22 agencies funding research activities under the Envi23 ronmental, Health, and Safety program component 

24 area of the Program, or any successor program com25 ponent area, and from such other agencies as the 


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1 Coordinator considers necessary to develop, periodi2 cally update, and coordinate the implementation of 

3 a research plan for this program component area. In 

4 developing and updating the plan, the panel con5 vened by the Coordinator shall solicit and be respon6 sive to recommendations and advice from— 

7 (A) the subpanel of the Advisory Panel es8 tablished under section 4(a) of the 21st Cen9 tury Nanotechnology Research and Develop10 ment Act (15 U.S.C. 7503(a)), as amended by 

11 this subtitle; and 

12 (B) the agencies responsible for environ13 mental, health, and safety regulations associ14 ated with the production, use, and disposal of 

15 nanoscale materials and products. 

16 (2) DEVELOPMENT OF STANDARDS.—The plan 

17 required under paragraph (1) shall include a de18 scription of how the Program will help to ensure the 

19 development of— 

20 (A) standards related to nomenclature as21 sociated with engineered nanoscale materials; 

22 (B) engineered nanoscale standard ref23 erence materials for environmental, health, and 

24 safety testing; and 


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1 (C) standards related to methods and pro2 cedures for detecting, measuring, monitoring, 

3 sampling, and testing engineered nanoscale ma4 terials for environmental, health, and safety im5 pacts. 

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

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

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

9 (A) specify near-term research objectives 

10 and long-term research objectives; 

11 (B) specify milestones associated with each 

12 near-term objective and the estimated time and 

13 resources required to reach each milestone; 

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

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

16 out or sponsoring research in order to meet the 

17 objectives specified under subparagraph (A) and 

18 to achieve the milestones specified under sub19 paragraph (B); 

20 (D) specify the funding allocated to each 

21 major objective of the plan and the source of 

22 funding by agency for the current fiscal year; 

23 and 

24 (E) estimate the funding required for each 

25 major objective of the plan and the source of 


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1 funding by agency for the following 3 fiscal 

2 years. 

3 (4) TRANSMITTAL TO CONGRESS.—The plan re4 quired under paragraph (1) shall be submitted not 

5 later than 60 days after the date of enactment of 

6 this Act to the Committee on Commerce, Science, 

7 and Transportation of the Senate and the Com8 mittee on Science and Technology of the House of 

9 Representatives. 

10 (5) UPDATING AND APPENDING TO REPORT.— 

11 The plan required under paragraph (1) shall be up12 dated annually and appended to the report required 

13 under section 2(d) of the 21st Century Nanotechnol14 ogy Research and Development Act (15 U.S.C. 

15 7501(d)). 

16 (c) NANOTECHNOLOGY PARTNERSHIPS.— 

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

18 authorized by section 9 of the National Science 

19 Foundation Authorization Act of 2002, the Director 

20 of the National Science Foundation shall provide 1 

21 or more grants to establish partnerships as defined 

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

23 such partnership shall include 1 or more businesses 

24 engaged in the production of nanoscale materials, 

25 products, or devices. Partnerships established in acVerDate Mar 15 2010 03:46 May 19, 2010 Jkt 089200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\H5325.IH H5325

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1 cordance with this subsection shall be designated as 

2 ‘‘Nanotechnology Education Partnerships’’. 

3 (2) PURPOSE.—Nanotechnology Education 

4 Partnerships shall be designed to recruit and help 

5 prepare secondary school students to pursue postsec6 ondary level courses of instruction in nanotechnol7 ogy. At a minimum, grants shall be used to sup8 port— 

9 (A) professional development activities to 

10 enable secondary school teachers to use cur11 ricular materials incorporating nanotechnology 

12 and to inform teachers about career possibilities 

13 for students in nanotechnology; 

14 (B) enrichment programs for students, in15 cluding access to nanotechnology facilities and 

16 equipment at partner institutions, to increase 

17 their understanding of nanoscale science and 

18 technology and to inform them about career 

19 possibilities in nanotechnology as scientists, en20 gineers, and technicians; and 

21 (C) identification of appropriate nanotech22 nology educational materials and incorporation 

23 of nanotechnology into the curriculum for sec24 ondary school students at one or more organiza25 tions participating in a Partnership. 


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1 (3) SELECTION.—Grants under this subsection 

2 shall be awarded in accordance with subsection (b) 

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

4 that subsection shall not apply. 

5 (d) UNDERGRADUATE EDUCATION PROGRAMS.— 

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

7 activities included under the Education and Societal 

8 Dimensions program component area, or any suc9 cessor program component area, the Program shall 

10 support efforts to introduce nanoscale science, engi11 neering, and technology into undergraduate science 

12 and engineering education through a variety of 

13 interdisciplinary approaches. Activities supported 

14 may include— 

15 (A) development of courses of instruction 

16 or modules to existing courses; 

17 (B) faculty professional development; and 

18 (C) acquisition of equipment and instru19 mentation suitable for undergraduate education 

20 and research in nanotechnology. 

21 (2) COURSE, CURRICULUM, AND LABORATORY

22 IMPROVEMENT AUTHORIZATION.—There are author23 ized to be appropriated to the Director of the Na24 tional Science Foundation to carry out activities de25 scribed in paragraph (1) through the Course, CurVerDate Mar 15 2010 03:46 May 19, 2010 Jkt 089200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\H5325.IH H5325

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1 riculum, and Laboratory Improvement program 

2 from amounts authorized under section 

3 7002(c)(2)(B) of the America COMPETES Act, 

4 $5,000,000 for fiscal year 2010. 

5 (3) ADVANCED TECHNOLOGY EDUCATION AU6 THORIZATION.—There are authorized to be appro7 priated to the Director of the National Science 

8 Foundation to carry out activities described in para9 graph (1) through the Advanced Technology Edu10 cation program from amounts authorized under sec11 tion 7002(c)(2)(B) of the America COMPETES Act, 

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

13 (e) INTERAGENCY WORKING GROUP.—The National 

14 Science and Technology Council shall establish under the 

15 Nanoscale Science, Engineering, and Technology Sub16 committee an Education Working Group to coordinate, 

17 prioritize, and plan the educational activities supported 

18 under the Program. 

19 (f) SOCIETAL DIMENSIONS IN NANOTECHNOLOGY

20 EDUCATION ACTIVITIES.—Activities supported under the 

21 Education and Societal Dimensions program component 

22 area, or any successor program component area, that in23 volve informal, precollege, or undergraduate nanotechnol24 ogy education shall include education regarding the enviVerDate Mar 15 2010 03:46 May 19, 2010 Jkt 089200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\H5325.IH H5325

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1 ronmental, health and safety, and other societal aspects 

2 of nanotechnology. 

3 (g) REMOTE ACCESS TO NANOTECHNOLOGY FACILI4 TIES.—(1) Agencies supporting nanotechnology research 

5 facilities as part of the Program shall require the entities 

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

7 and support the costs associated with the provision of such 

8 access, by secondary school students and teachers, to in9 struments and equipment within such facilities for edu10 cational purposes. The agencies may waive this require11 ment for cases when particular facilities would be inappro12 priate for educational purposes or the costs for providing 

13 such access would be prohibitive. 

14 (2) The agencies identified in paragraph (1) shall re15 quire the entities that operate such nanotechnology re16 search facilities to establish and publish procedures, guide17 lines, and conditions for the submission and approval of 

18 applications for the use of the facilities for the purpose 

19 identified in paragraph (1) and shall authorize personnel 

20 who operate the facilities to provide necessary technical 

21 support to students and teachers. 

22 SEC. 104. TECHNOLOGY TRANSFER. 

23 (a) PROTOTYPING.— 

24 (1) ACCESS TO FACILITIES.—In accordance 

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


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

2 7501(b)(7)), the agencies supporting nanotechnology 

3 research facilities as part of the Program shall pro4 vide access to such facilities to companies for the 

5 purpose of assisting the companies in the develop6 ment of prototypes of nanoscale products, devices, or 

7 processes (or products, devices, or processes enabled 

8 by nanotechnology) for determining proof of concept. 

9 The agencies shall publicize the availability of these 

10 facilities and encourage their use by companies as 

11 provided for in this section. 

12 (2) PROCEDURES.—The agencies identified in 

13 paragraph (1)— 

14 (A) shall establish and publish procedures, 

15 guidelines, and conditions for the submission 

16 and approval of applications for use of nano17 technology facilities; 

18 (B) shall publish descriptions of the capa19 bilities of facilities available for use under this 

20 subsection, including the availability of tech21 nical support; and 

22 (C) may waive recovery, require full recov23 ery, or require partial recovery of the costs as24 sociated with use of the facilities for projects 

25 under this subsection. 


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

2 less than full cost recovery is required pursuant to 

3 paragraph (2)(C), projects provided access to nano4 technology facilities in accordance with this sub5 section shall be selected through a competitive, 

6 merit-based process, and the criteria for the selec7 tion of such projects shall include at a minimum— 

8 (A) the readiness of the project for tech9 nology demonstration; 

10 (B) evidence of a commitment by the ap11 plicant for further development of the project to 

12 full commercialization if the proof of concept is 

13 established by the prototype; and 

14 (C) evidence of the potential for further 

15 funding from private sector sources following 

16 the successful demonstration of proof of con17 cept. 

18 The agencies may give special consideration in se19 lecting projects to applications that are relevant to 

20 important national needs or requirements. 

21 (b) USE OF EXISTING TECHNOLOGY TRANSFER PRO22 GRAMS.— 

23 (1) PARTICIPATING AGENCIES.—Each agency 

24 participating in the Program shall— 


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1 (A) encourage the submission of applica2 tions for support of nanotechnology related 

3 projects to the Small Business Innovation Re4 search Program and the Small Business Tech5 nology Transfer Program administered by such 

6 agencies; and 

7 (B) through the National Nanotechnology 

8 Coordination Office and within 6 months after 

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

10 Committee on Commerce, Science, and Trans11 portation of the Senate and the Committee on 

12 Science and Technology of the House of Rep13 resentatives— 

14 (i) the plan described in section 

15 2(c)(7) of the 21st Century Nanotechnol16 ogy Research and Development Act (15 

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

18 (ii) a report specifying, if the agency 

19 administers a Small Business Innovation 

20 Research Program and a Small Business 

21 Technology Transfer Program— 

22 (I) the number of proposals re23 ceived for nanotechnology related 

24 projects during the current fiscal year 

25 and the previous 2 fiscal years; 


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1 (II) the number of such pro2 posals funded in each year; 

3 (III) the total number of nano4 technology related projects funded and 

5 the amount of funding provided for 

6 fiscal year 2004 through fiscal year 

7 2008; and 

8 (IV) a description of the projects 

9 identified in accordance with sub10 clause (III) which received private sec11 tor funding beyond the period of 

12 phase II support. 

13 (2) NATIONAL INSTITUTE OF STANDARDS AND

14 TECHNOLOGY.—The Director of the National Insti15 tute of Standards and Technology in carrying out 

16 the requirements of section 28 of the National Insti17 tute of Standards and Technology Act (15 U.S.C. 

18 278n) shall— 

19 (A) in regard to subsection (d) of that sec20 tion, encourage the submission of proposals for 

21 support of nanotechnology related projects; and 

22 (B) in regard to subsection (g) of that sec23 tion, include a description of how the require24 ment of subparagraph (A) of this paragraph is 

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1 technology related projects received, the number 

2 of such proposals funded, the total number of 

3 such projects funded since the beginning of the 

4 Technology Innovation Program, and the out5 comes of such funded projects in terms of the 

6 metrics developed in accordance with such sub7 section (g). 

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

9 Board established under section 28(k) of the Na10 tional Institute of Standards and Technology Act 

11 (15 U.S.C. 278n(k)), in carrying out its responsibil12 ities under subsection (k)(3), shall provide the Di13 rector of the National Institute of Standards and 

14 Technology with— 

15 (A) advice on how to accomplish the re16 quirement of paragraph (2)(A) of this sub17 section; and 

18 (B) an assessment of the adequacy of the 

19 allocation of resources for nanotechnology re20 lated projects supported under the Technology 

21 Innovation Program. 

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

23 Program shall be to establish industry liaison groups for 

24 all industry sectors that would benefit from applications 

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1 aison, and Innovation Working Group of the National 

2 Science and Technology Council shall actively pursue es3 tablishing such liaison groups. 

4 (d) COORDINATION WITH STATE INITIATIVES.—Sec5 tion 2(b)(5) of the 21st Century Nanotechnology Research 

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

7 to read as follows: 

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

9 the development and application of nanotechnology, 

10 including through coordination and leveraging Fed11 eral investments with nanotechnology research, de12 velopment, and technology transition initiatives sup13 ported by the States;’’. 

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

15 (a) IN GENERAL.—The Program shall include sup16 port for nanotechnology research and development activi17 ties directed toward application areas that have the poten18 tial for significant contributions to national economic com19 petitiveness and for other significant societal benefits. The 

20 activities supported shall be designed to advance the devel21 opment of research discoveries by demonstrating technical 

22 solutions to important problems in such areas as nano23 electronics, energy efficiency, health care, and water reme24 diation and purification. The Advisory Panel shall make 


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1 recommendations to the Program for candidate research 

2 and development areas for support under this section. 

3 (b) CHARACTERISTICS.— 

4 (1) IN GENERAL.—Research and development 

5 activities under this section shall— 

6 (A) include projects selected on the basis 

7 of applications for support through a competi8 tive, merit-based process; 

9 (B) involve collaborations among research10 ers in academic institutions and industry, and 

11 may involve nonprofit research institutions and 

12 Federal laboratories, as appropriate; 

13 (C) when possible, leverage Federal invest14 ments through collaboration with related State 

15 initiatives; and 

16 (D) include a plan for fostering the trans17 fer of research discoveries and the results of 

18 technology demonstration activities to industry 

19 for commercial development. 

20 (2) PROCEDURES.—Determination of the re21 quirements for applications under this subsection, 

22 review and selection of applications for support, and 

23 subsequent funding of projects shall be carried out 

24 by a collaboration of no fewer than 2 agencies par25 ticipating in the Program. In selecting applications 


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1 for support, the agencies shall give special consider2 ation to projects that include cost sharing from non3 Federal sources. 

4 (3) INTERDISCIPLINARY RESEARCH CENTERS.— 

5 Research and development activities under this sec6 tion may be supported through interdisciplinary 

7 nanotechnology research centers, as authorized by 

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

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

10 7501(b)(4)), that are organized to investigate basic 

11 research questions and carry out technology dem12 onstration activities in areas such as those identified 

13 in subsection (a). 

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

15 the 21st Century Nanotechnology Research and Develop16 ment Act (15 U.S.C. 7501(d)) shall include a description 

17 of research and development areas supported in accord18 ance with this section, including the same budget informa19 tion as is required for program component areas under 

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

21 SEC. 106. NANOMANUFACTURING RESEARCH. 

22 (a) RESEARCH AREAS.—The Nanomanufacturing 

23 program component area, or any successor program com24 ponent area, shall include research on— 


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1 (1) development of instrumentation and tools 

2 required for the rapid characterization of nanoscale 

3 materials and for monitoring of nanoscale manufac4 turing processes; and 

5 (2) approaches and techniques for scaling the 

6 synthesis of new nanoscale materials to achieve in7 dustrial-level production rates. 

8 (b) GREEN NANOTECHNOLOGY.—Interdisciplinary 

9 research centers supported under the Program in accord10 ance with section 2(b)(4) of the 21st Century Nanotech11 nology Research and Development Act (15 U.S.C. 

12 7501(b)(4)) that are focused on nanomanufacturing re13 search and centers established under the authority of sec14 tion 105(b)(3) of this subtitle shall include as part of the 

15 activities of such centers— 

16 (1) research on methods and approaches to de17 velop environmentally benign nanoscale products and 

18 nanoscale manufacturing processes, taking into con19 sideration relevant findings and results of research 

20 supported under the Environmental, Health, and 

21 Safety program component area, or any successor 

22 program component area; 

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

24 research to industry; and 


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1 (3) providing for the education of scientists and 

2 engineers through interdisciplinary studies in the 

3 principles and techniques for the design and develop4 ment of environmentally benign nanoscale products 

5 and processes. 

6 (c) REVIEW OF NANOMANUFACTURING RESEARCH

7 AND RESEARCH FACILITIES.— 

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

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

10 National Nanotechnology Coordination Office shall 

11 sponsor a public meeting, including representation 

12 from a wide range of industries engaged in 

13 nanoscale manufacturing, to— 

14 (A) obtain the views of participants at the 

15 meeting on— 

16 (i) the relevance and value of the re17 search being carried out under the Nano18 manufacturing program component area of 

19 the Program, or any successor program 

20 component area; and 

21 (ii) whether the capabilities of nano22 technology research facilities supported 

23 under the Program are adequate— 

24 (I) to meet current and near25 term requirements for the fabrication 


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1 and characterization of nanoscale de2 vices and systems; and 

3 (II) to provide access to and use 

4 of instrumentation and equipment at 

5 the facilities, by means of networking 

6 technology, to individuals who are at 

7 locations remote from the facilities; 

8 and 

9 (B) receive any recommendations on ways 

10 to strengthen the research portfolio supported 

11 under the Nanomanufacturing program compo12 nent area, or any successor program component 

13 area, and on improving the capabilities of nano14 technology research facilities supported under 

15 the Program. 

16 Companies participating in industry liaison groups 

17 shall be invited to participate in the meeting. The 

18 Coordination Office shall prepare a report docu19 menting the findings and recommendations resulting 

20 from the meeting. 

21 (2) ADVISORY PANEL REVIEW.—The Advisory 

22 Panel shall review the Nanomanufacturing program 

23 component area of the Program, or any successor 

24 program component area, and the capabilities of 


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1 nanotechnology research facilities supported under 

2 the Program to assess— 

3 (A) whether the funding for the Nano4 manufacturing program component area, or any 

5 successor program component area, is adequate 

6 and receiving appropriate priority within the 

7 overall resources available for the Program; 

8 (B) the relevance of the research being 

9 supported to the identified needs and require10 ments of industry; 

11 (C) whether the capabilities of nanotech12 nology research facilities supported under the 

13 Program are adequate— 

14 (i) to meet current and near-term re15 quirements for the fabrication and charac16 terization of nanoscale devices and sys17 tems; and 

18 (ii) to provide access to and use of in19 strumentation and equipment at the facili20 ties, by means of networking technology, to 

21 individuals who are at locations remote 

22 from the facilities; and 

23 (D) the level of funding that would be 

24 needed to support— 


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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. 


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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.’’. 


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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 


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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 


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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.’’. 


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1 (c) ADDITIONAL RESPONSIBILITIES OF DIRECTOR.— 

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

3 amended— 

4 (1) by redesignating subparagraphs (E) and 

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)— 


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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 

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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 

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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: 


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

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

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

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 

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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 


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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 

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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 

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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 

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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 

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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. 


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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;’’. 


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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’’. 


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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 


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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 Mar 15 2010 03:46 May 19, 2010 Jkt 089200 PO 00000 Frm 00053 Fmt 6652 Sfmt 6201 E:\BILLS\H5325.IH H5325

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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 


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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.— 

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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 


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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. 


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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; 

23 (C) describe how the Federal agencies sup24 porting manufacturing research and develop25 ment will foster the transfer of research and deVerDate Mar 15 2010 03:46 May 19, 2010 Jkt 089200 PO 00000 Frm 00058 Fmt 6652 Sfmt 6201 E:\BILLS\H5325.IH H5325

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

3 of society and the national interest; and 

4 (D) describe how the Federal agencies sup5 porting manufacturing research and develop6 ment will strengthen all levels of manufacturing 

7 education and training programs to ensure an 

8 adequate, well-trained workforce. 

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

10 strategic plan required under subsection (b)(3), the Direc11 tor of the Office of Science and Technology Policy, work12 ing through the interagency committee, shall take into 

13 consideration the recommendations of a wide range of 

14 stakeholders, including representatives from diverse man15 ufacturing companies, academia, and other relevant orga16 nizations and institutions. 

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

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

19 the Office of Science and Technology Policy shall transmit 

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

21 Committee on Commerce, Science, and Transportation of 

22 the Senate, and the Committee on Science and Technology 

23 of the House of Representatives, and shall transmit subse24 quent updates to those committees when completed. 


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1 SEC. 123. INTERAGENCY PUBLIC ACCESS COMMITTEE. 

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

3 Science and Technology Policy shall establish a working 

4 group under the National Science and Technology Council 

5 with the responsibility to coordinate Federal science agen6 cy research and policies related to the dissemination and 

7 long-term stewardship of the results of unclassified re8 search, including digital data and peer-reviewed scholarly 

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

10 the Federal science agencies. 

11 (b) RESPONSIBILITIES.—The working group estab12 lished under subsection (a) shall— 

13 (1) coordinate the development or designation 

14 of uniform standards for research data, the struc15 ture of full text and metadata, navigation tools, and 

16 other applications to achieve interoperability across 

17 Federal science agencies, across science and engi18 neering disciplines, and between research data and 

19 scholarly publications, taking into account existing 

20 consensus standards, including international stand21 ards; 

22 (2) coordinate Federal science agency programs 

23 and activities that support research and education 

24 on tools and systems required to ensure preservation 

25 and stewardship of all forms of digital research data, 

26 including scholarly publications; 


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1 (3) work with international science and tech2 nology counterparts to maximize interoperability be3 tween United States based unclassified research 

4 databases and international databases and reposi5 tories; 

6 (4) solicit input and recommendations from, 

7 and collaborate with, non-Federal stakeholders, in8 cluding universities, nonprofit and for-profit pub9 lishers, libraries, federally funded research scientists, 

10 and other organizations and institutions with a stake 

11 in long term preservation and access to the results 

12 of federally funded research; and 

13 (5) establish priorities for coordinating the de14 velopment of any Federal science agency policies re15 lated to public access to the results of federally 

16 funded research to maximize uniformity of such poli17 cies with respect to their benefit to, and potential 

18 economic or other impact on, the science and engi19 neering enterprise and the stakeholders thereof. 

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

21 section shall be construed to affect any right under the 

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

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

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


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1 the Office of Science and Technology Policy shall transmit 

2 a report to Congress describing— 

3 (1) any priorities established under subsection 

4 (b)(5); 

5 (2) the status of any Federal science agency 

6 policies related to public access to the results of fed7 erally funded research; and 

8 (3) how any policies developed or being devel9 oped by Federal science agencies, as described in 

10 paragraph (2), incorporate input from the non-Fed11 eral stakeholders described in subsection (b)(4). 

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

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

14 agency with an annual extramural research expenditure 

15 of over $100,000,000. 

16 (f) SENSE OF CONGRESS REGARDING PEER RE17 VIEW.—It is the sense of Congress that peer review is an 

18 important part of the process of ensuring the integrity of 

19 the record of scientific research, and that the National 

20 Science and Technology Council working group estab21 lished under this section should take into account the role 

22 that scientific publishers play in the peer review process. 


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1 SEC. 124. FULFILLING THE POTENTIAL OF WOMEN IN ACA2 DEMIC SCIENCE AND ENGINEERING. 

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

4 science agency’’ means any Federal agency that is respon5 sible for at least 2 percent of total Federal research and 

6 development funding to institutions of higher education, 

7 according to the most recent data available from the Na8 tional Science Foundation. 

9 (b) WORKSHOPS TO ENHANCE GENDER EQUITY IN

10 ACADEMIC SCIENCE AND ENGINEERING.— 

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

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

13 of the Office of Science and Technology Policy shall 

14 develop a uniform policy for all Federal science 

15 agencies to carry out a program of workshops that 

16 educate program officers, members of grant review 

17 panels, institution of higher education STEM de18 partment chairs, and other federally funded re19 searchers about methods that minimize the effects of 

20 gender bias in evaluation of Federal research grants 

21 and in the related academic advancement of actual 

22 and potential recipients of these grants, including 

23 hiring, tenure, promotion, and selection for any 

24 honor based in part on the recipient’s research 

25 record. 


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1 (2) INTERAGENCY COORDINATION.—The Direc2 tor of the Office of Science and Technology Policy 

3 shall ensure that programs of workshops across the 

4 Federal science agencies are coordinated and sup5 ported jointly as appropriate. As part of this proc6 ess, the Director of the Office of Science and Tech7 nology Policy shall ensure that at least 1 workshop 

8 is supported every 2 years among the Federal 

9 science agencies in each of the major science and en10 gineering disciplines supported by those agencies. 

11 (3) ORGANIZATIONS ELIGIBLE TO CARRY OUT

12 WORKSHOPS.—Federal science agencies may carry 

13 out the program of workshops under this subsection 

14 by making grants to eligible organizations. In addi15 tion to any other organizations made eligible by the 

16 Federal science agencies, the following organizations 

17 are eligible for grants under this subsection: 

18 (A) Nonprofit scientific and professional 

19 societies and organizations that represent one 

20 or more STEM disciplines. 

21 (B) Nonprofit organizations that have the 

22 primary mission of advancing the participation 

23 of women in STEM. 

24 (4) CHARACTERISTICS OF WORKSHOPS.—The 

25 workshops shall have the following characteristics: 


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1 (A) Invitees to workshops shall include at 

2 least— 

3 (i) the chairs of departments in the 

4 relevant discipline from at least the top 50 

5 institutions of higher education, as deter6 mined by the amount of Federal research 

7 and development funds obligated to each 

8 institution of higher education in the prior 

9 year based on data available from the Na10 tional Science Foundation; 

11 (ii) members of any standing research 

12 grant review panel appointed by the Fed13 eral science agencies in the relevant dis14 cipline; 

15 (iii) in the case of science and engi16 neering disciplines supported by the De17 partment of Energy, the individuals from 

18 each of the Department of Energy Na19 tional Laboratories with personnel manage20 ment responsibilities comparable to those 

21 of an institution of higher education de22 partment chair; and 

23 (iv) Federal science agency program 

24 officers in the relevant discipline, other 

25 than program officers that participate in 


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1 comparable workshops organized and run 

2 specifically for that agency’s program offi3 cers. 

4 (B) Activities at the workshops shall in5 clude research presentations and interactive dis6 cussions or other activities that increase the 

7 awareness of the existence of gender bias in the 

8 grant-making process and the development of 

9 the academic record necessary to qualify as a 

10 grant recipient, including recruitment, hiring, 

11 tenure review, promotion, and other forms of 

12 formal recognition of individual achievement, 

13 and provide strategies to overcome such bias. 

14 (C) Research presentations and other 

15 workshop programs, as appropriate, shall in16 clude a discussion of the unique challenges 

17 faced by women who are members of histori18 cally underrepresented groups. 

19 (D) Workshop programs shall include in20 formation on best practices and the value of 

21 mentoring undergraduate and graduate women 

22 students as well as outreach to girls earlier in 

23 their STEM education. 

24 (5) REPORT.— 


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

2 after the date of enactment of this Act, the Di3 rector of the Office of Science and Technology 

4 Policy shall transmit to the Committee on 

5 Science and Technology of the House of Rep6 resentatives and the Committee on Commerce, 

7 Science, and Transportation of the Senate a re8 port evaluating the effectiveness of the program 

9 carried out under this subsection to reduce gen10 der bias towards women engaged in research 

11 funded by the Federal Government. The Direc12 tor of the Office of Science and Technology Pol13 icy shall include in this report any recommenda14 tions for improving the evaluation process de15 scribed in subparagraph (B). 

16 (B) MINIMUM CRITERIA FOR EVALUA17 TION.—In determining the effectiveness of the 

18 program, the Director of the Office of Science 

19 and Technology Policy shall consider, at a min20 imum— 

21 (i) the rates of participation by 

22 invitees in the workshops authorized under 

23 this subsection; 


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1 (ii) the results of attitudinal surveys 

2 conducted on workshop participants before 

3 and after the workshops; 

4 (iii) any relevant institutional policy 

5 or practice changes reported by partici6 pants; and 

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

9 at least 1 workshop 3 or more years prior 

10 to the due date for the report, trends in 

11 the data for the department represented by 

12 the chair or employee including faculty 

13 data related to gender as described in sec14 tion 216. 

15 (C) INSTITUTIONAL ATTENDANCE AT

16 WORKSHOPS.—As part of the report under sub17 paragraph (A), the Director of the Office of 

18 Science and Technology Policy shall include a 

19 list of institutions of higher education science 

20 and engineering departments whose representa21 tives attended the workshops required under 

22 this subsection. 

23 (6) MINIMIZING COSTS.—To the extent prac24 ticable, workshops shall be held in conjunction with 


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1 national or regional disciplinary meetings to mini2 mize costs associated with participant travel. 

3 (c) EXTENDED RESEARCH GRANT SUPPORT AND IN4 TERIM TECHNICAL SUPPORT FOR CAREGIVERS.— 

5 (1) POLICIES FOR CAREGIVERS.—Not later 

6 than 6 months after the date of enactment of this 

7 Act, the Director of the Office of Science and Tech8 nology Policy shall develop a uniform policy to— 

9 (A) extend the period of grant support for 

10 federally funded researchers who have 

11 caregiving responsibilities; and 

12 (B) provide funding for interim technical 

13 staff support for federally funded researchers 

14 who take a leave of absence for caregiving re15 sponsibilities. 

16 (2) REPORT.—Upon developing the policy re17 quired under paragraph (1), the Director of the Of18 fice of Science and Technology Policy shall transmit 

19 a copy of the policy to the Committee on Science 

20 and Technology of the House of Representatives and 

21 to the Committee on Commerce, Science, and Trans22 portation of the Senate. 

23 (d) COLLECTION OF DATA ON FEDERAL RESEARCH

24 GRANTS.— 


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

2 shall collect standardized annual composite informa3 tion on demographics, field, award type and budget 

4 request, review score, and funding outcome for all 

5 applications for research and development grants to 

6 institutions of higher education supported by that 

7 agency. 

8 (2) REPORTING OF DATA.— 

9 (A) The Director of the Office of Science 

10 and Technology Policy shall establish a policy 

11 to ensure uniformity and standardization of 

12 data collection required under paragraph (1). 

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

14 of enactment of this Act, and annually there15 after, each Federal science agency shall submit 

16 data collected under paragraph (1) to the Na17 tional Science Foundation. 

18 (C) The National Science Foundation shall 

19 be responsible for storing and publishing all of 

20 the grant data submitted under subparagraph 

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

22 ethnicity, and gender, in conjunction with the 

23 biennial report required under section 37 of the 

24 Science and Engineering Equal Opportunities 

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


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1 SEC. 125. NATIONAL COMPETITIVENESS AND INNOVATION 

2 STRATEGY. 

3 Not later than one year after the date of the enact4 ment of this Act, the Director of the White House Office 

5 of Science and Technology Policy shall submit to Congress 

6 and the President a national competitiveness and innova7 tion strategy for strengthening the innovative and com8 petitive capacity of the Federal Government, State and 

9 local governments, institutions of higher education, and 

10 the private sector that includes— 

11 (1) proposed legislative changes and action; 

12 (2) proposed actions to be taken collectively by 

13 executive agencies, including White House offices; 

14 (3) proposed actions to be taken by individual 

15 executive agencies, including White House offices; 

16 and 

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

18 oversight of the progress of the Federal Government 

19 with respect to improving conditions for the innova20 tion occurring in and the competitiveness of the 

21 United States. 

22 TITLE II—NATIONAL SCIENCE 

23 FOUNDATION 

24 SEC. 201. SHORT TITLE. 

25 This title may be cited as the ‘‘National Science 

26 Foundation Authorization Act of 2010’’. 


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1 Subtitle A—General Provisions 

2 SEC. 211. DEFINITIONS. 

3 In this title: 

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

5 the Director of the National Science Foundation es6 tablished under section 2 of the National Science 

7 Foundation Act of 1950 (42 U.S.C. 1861). 

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

9 means the National Science Foundation established 

10 under section 2 of the National Science Foundation 

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

12 (3) INSTITUTION OF HIGHER EDUCATION.—The 

13 term ‘‘institution of higher education’’ has the 

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

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

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

17 the several States, the District of Columbia, the 

18 Commonwealth of Puerto Rico, the Virgin Islands, 

19 Guam, American Samoa, the Commonwealth of the 

20 Northern Mariana Islands, or any other territory or 

21 possession of the United States. 

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

23 technology, engineering, and mathematics. 

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

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1 lumbia, the Commonwealth of Puerto Rico, the Vir2 gin Islands, Guam, American Samoa, the Common3 wealth of the Northern Mariana Islands, and any 

4 other territory or possession of the United States. 

5 SEC. 212. AUTHORIZATION OF APPROPRIATIONS. 

6 (a) FISCAL YEAR 2011.— 

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

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

9 fiscal year 2011. 

10 (2) SPECIFIC ALLOCATIONS.—Of the amount 

11 authorized under paragraph (1)— 

12 (A) $6,020,000,000 shall be made avail13 able for research and related activities; 

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

15 for education and human resources; 

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

17 for major research equipment and facilities con18 struction; 

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

20 for agency operations and award management; 

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

22 the Office of the National Science Board; and 

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

24 for the Office of Inspector General. 

25 (b) FISCAL YEAR 2012.— 


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

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

3 fiscal year 2012. 

4 (2) SPECIFIC ALLOCATIONS.—Of the amount 

5 authorized under paragraph (1)— 

6 (A) $6,496,000,000 shall be made avail7 able for research and related activities; 

8 (B) $1,020,000,000 shall be made avail9 able for education and human resources; 

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

11 for major research equipment and facilities con12 struction; 

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

14 for agency operations and award management; 

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

16 the Office of the National Science Board; and 

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

18 for the Office of Inspector General. 

19 (c) FISCAL YEAR 2013.— 

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

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

22 fiscal year 2013. 

23 (2) SPECIFIC ALLOCATIONS.—Of the amount 

24 authorized under paragraph (1)— 


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1 (A) $7,009,000,000 shall be made avail2 able for research and related activities; 

3 (B) $1,100,000,000 shall be made avail4 able for education and human resources; 

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

6 for major research equipment and facilities con7 struction; 

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

9 for agency operations and award management; 

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

11 the Office of the National Science Board; and 

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

13 for the Office of Inspector General. 

14 SEC. 213. NATIONAL SCIENCE BOARD ADMINISTRATIVE 

15 AMENDMENTS. 

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

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

18 1950 (42 U.S.C. 1863(g)) is amended by striking ‘‘not 

19 more than 5’’. 

20 (b) SCIENCE AND ENGINEERING INDICATORS DUE

21 DATE.—Section 4(j)(1) of the National Science Founda22 tion Act of 1950 (42 U.S.C. 1863(j)(1)) is amended by 

23 striking ‘‘January 15’’ and inserting ‘‘May 31’’. 

24 (c) NATIONAL SCIENCE BOARD REPORTS.—Section 

25 4(j)(2) of the National Science Foundation Act of 1950 


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1 (42 U.S.C. 1863(j)(2)) is amended by inserting ‘‘within 

2 the authority of the Foundation (or otherwise as requested 

3 by the appropriate Congressional committees of jurisdic4 tion or the President)’’ after ‘‘individual policy matters’’. 

5 (d) BOARD ADHERENCE TO SUNSHINE ACT.—Sec6 tion 15(a) of the National Science Foundation Authoriza7 tion Act of 2002 (42 U.S.C. 1862n–5(a)) is amended— 

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

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

10 respectively; 

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

12 paragraph (1) of this subsection— 

13 (A) by striking ‘‘February 15’’ and insert14 ing ‘‘April 15’’; and 

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

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

17 and 

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

19 paragraph (1) of this subsection, by striking ‘‘To fa20 cilitate the audit required under paragraph (3) of 

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

22 SEC. 214. BROADER IMPACTS REVIEW CRITERION. 

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

24 Impacts Review Criterion to achieve the following goals: 


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1 (1) Increased economic competitiveness of the 

2 United States. 

3 (2) Development of a globally competitive 

4 STEM workforce. 

5 (3) Increased participation of women and 

6 underrepresented minorities in STEM. 

7 (4) Increased partnerships between academia 

8 and industry. 

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

10 teacher development. 

11 (6) Improved undergraduate STEM education. 

12 (7) Increased public scientific literacy. 

13 (8) Increased national security. 

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

15 of enactment of this Act, the Director shall develop and 

16 implement a policy for the Broader Impacts Review Cri17 terion that— 

18 (1) provides for educating professional staff at 

19 the Foundation, merit review panels, and applicants 

20 for Foundation research grants on the policy devel21 oped under this subsection; 

22 (2) clarifies that the activities of grant recipi23 ents undertaken to satisfy the Broader Impacts Re24 view Criterion shall— 


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1 (A) to the extent practicable employ proven 

2 strategies and models and draw on existing pro3 grams and activities; and 

4 (B) when novel approaches are justified, 

5 build on the most current research results; 

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

7 broader impacts under a research grant to be used 

8 for assessment and evaluation of the broader im9 pacts activity; 

10 (4) encourages institutions of higher education 

11 and other nonprofit education or research organiza12 tions to develop and provide, either as individual in13 stitutions or in partnerships thereof, appropriate 

14 training and programs to assist Foundation-funded 

15 principal investigators at their institutions in achiev16 ing the goals of the Broader Impacts Review Cri17 terion as described in subsection (a); and 

18 (5) requires principal investigators applying for 

19 Foundation research grants to provide evidence of 

20 institutional support for the portion of the investiga21 tor’s proposal designed to satisfy the Broader Im22 pacts Review Criterion, including evidence of rel23 evant training, programs, and other institutional re24 sources available to the investigator from either their 


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1 home institution or organization or another institu2 tion or organization with relevant expertise. 

3 SEC. 215. NATIONAL CENTER FOR SCIENCE AND ENGINEER4 ING STATISTICS. 

5 (a) ESTABLISHMENT.—There is established within 

6 the Foundation a National Center for Science and Engi7 neering Statistics (in this section referred to as the ‘‘Cen8 ter’’), that shall serve as a central Federal clearinghouse 

9 for the collection, interpretation, analysis, and dissemina10 tion of objective data on science, engineering, technology, 

11 and research and development. 

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

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

14 (1) collect, acquire, analyze, report, and dis15 seminate statistical data related to the science and 

16 engineering enterprise in the United States and 

17 other nations that is relevant and useful to practi18 tioners, researchers, policymakers, and the public, 

19 including statistical data on— 

20 (A) research and development trends; 

21 (B) the science and engineering workforce; 

22 (C) United States competitiveness in 

23 science, engineering, technology, and research 

24 and development; and 


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1 (D) the condition and progress of United 

2 States STEM education; 

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

4 and on methodologies in areas related to the work 

5 of the Center; and 

6 (3) support the education and training of re7 searchers in the use of large-scale, nationally rep8 resentative data sets. 

9 (c) STATISTICAL REPORTS.—The Director or the Na10 tional Science Board, acting through the Center, shall 

11 issue regular, and as necessary, special statistical reports 

12 on topics related to the national and international science 

13 and engineering enterprise such as the biennial report re14 quired by section 4 (j)(1) of the National Science Founda15 tion Act of 1950 (42 U.S.C. 1863(j)(1)) on indicators of 

16 the state of science and engineering in the United States. 

17 SEC. 216. COLLECTION OF DATA ON DEMOGRAPHICS OF 

18 FACULTY. 

19 (a) COLLECTION OF DATA.—The Director shall re20 port, in conjunction with the biennial report required 

21 under section 37 of the Science and Engineering Equal 

22 Opportunities Act (42 U.S.C.19 1885d), statistical sum23 mary data on the demographics of STEM discipline fac24 ulty at institutions of higher education in the United 

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1 nicity, and gender. At a minimum, the Director shall con2 sider— 

3 (1) the number and percent of faculty by gen4 der, race, and age; 

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

6 rank, by gender, race, and age; 

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

8 in nontenure-track positions, including teaching and 

9 research, by gender, race, and age; 

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

11 promotion, including tenure, and the percentage of 

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

13 age; 

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

15 age; 

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

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

18 rank, gender, race, and age; and 

19 (8) the number and percent of faculty in leader20 ship positions, including endowed or named chairs, 

21 serving on promotion and tenure committees, by 

22 gender, race, and age. 

23 (b) RECOMMENDATIONS.—The Director shall solicit 

24 input and recommendations from relevant stakeholders, 

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1 cation and nonprofit organizations, on the collection of 

2 data required under subsection (a), including the develop3 ment of standard definitions on the terms and categories 

4 to be used in the collection of such data. 

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

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

7 submit a report to Congress on how the Foundation will 

8 gather the demographic data on STEM faculty, includ9 ing— 

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

11 the sources of those data; 

12 (2) justification for the exclusion of any data 

13 described in paragraph (1); and 

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

15 categories, such as ‘‘faculty’’ and ‘‘leadership posi16 tions’’, to be applied in the reporting of all data de17 scribed in paragraph (1). 

18 Subtitle B—Research and 

19 Innovation 

20 SEC. 221. SUPPORT FOR POTENTIALLY TRANSFORMATIVE 

21 RESEARCH. 

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

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

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

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1 ture, including preconstruction design and operations and 

2 maintenance of major research facilities, shall not be 

3 counted as part of the research budget for the purposes 

4 of this section. 

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

6 the Foundation may— 

7 (1) develop solicitations specifically for high8 risk, high-reward basic research; 

9 (2) establish review panels for the primary pur10 pose of selecting high-risk, high-reward proposals or 

11 modify instructions to standard review panels to re12 quire identification of high-risk, high-reward pro13 posals; and 

14 (3) support workshops and participate in con15 ferences with the primary purpose of identifying new 

16 opportunities for high-risk, high-reward basic re17 search, especially at interdisciplinary interfaces. 

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

19 term ‘‘high-risk, high-reward basic research’’ means re20 search driven by ideas that have the potential to radically 

21 change our understanding of an important existing sci22 entific or engineering concept, or leading to the creation 

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

24 that is characterized by its challenge to current under25 standing or its pathway to new frontiers. 


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1 SEC. 222. FACILITATING INTERDISCIPLINARY COLLABORA2 TIONS FOR NATIONAL NEEDS. 

3 (a) IN GENERAL.—The Director shall award competi4 tive, merit-based awards in amounts not to exceed 

5 $5,000,000 over a period of up to 5 years to interdiscipli6 nary research collaborations that are likely to assist in ad7 dressing critical challenges to national security, competi8 tiveness, and societal well-being and that— 

9 (1) involve at least 2 co-equal principal inves10 tigators at the same or different institutions; 

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

12 investigators, including students or postdoctoral re13 searchers, from one or more disciplines; and 

14 (3) foster creativity and pursue high-risk, high15 reward research. 

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

17 this section, the Director shall give priority to applicants 

18 that propose to utilize advances in cyberinfrastructure and 

19 simulation-based science and engineering. 

20 SEC. 223. NATIONAL SCIENCE FOUNDATION MANUFAC21 TURING RESEARCH AND EDUCATION. 

22 (a) MANUFACTURING RESEARCH.—The Director 

23 shall carry out a program to award merit-reviewed, com24 petitive grants to institutions of higher education to sup25 port fundamental research leading to transformative ad26 vances in manufacturing technologies, processes, and enVerDate Mar 15 2010 03:46 May 19, 2010 Jkt 089200 PO 00000 Frm 00084 Fmt 6652 Sfmt 6201 E:\BILLS\H5325.IH H5325

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1 terprises that will support United States manufacturing 

2 through improved performance, productivity, sustain3 ability, and competitiveness. Research areas may in4 clude— 

5 (1) nanomanufacturing; 

6 (2) manufacturing and construction machines 

7 and equipment, including robotics, automation, and 

8 other intelligent systems; 

9 (3) manufacturing enterprise systems; 

10 (4) advanced sensing and control techniques; 

11 (5) materials processing; and 

12 (6) information technologies for manufacturing, 

13 including predictive and real-time models and sim14 ulations, and virtual manufacturing. 

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

16 ensure a well-trained manufacturing workforce, the Direc17 tor shall award grants to strengthen and expand scientific 

18 and technical education and training in advanced manu19 facturing, including through the Foundation’s Advanced 

20 Technological Education program. 

21 SEC. 224. STRENGTHENING INSTITUTIONAL RESEARCH 

22 PARTNERSHIPS. 

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

24 grant, in an amount greater than $2,000,000, to be car25 ried out through a partnership that includes one or more 


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1 minority-serving institutions or predominantly under2 graduate institutions and one or more institutions de3 scribed in subsection (b), the Director shall award funds 

4 directly, according to the budget justification described in 

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

6 higher education in the partnership, including at least one 

7 minority-serving institution or one predominantly under8 graduate institution, to ensure a strong and equitable 

9 partnership. 

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

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

12 among the 100 institutions receiving, over the 3-year pe13 riod immediately preceding the awarding of grants, the 

14 highest amount of research funding from the Foundation. 

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

16 of enactment of this Act, the Director shall provide a re17 port to Congress on institutional research partnerships 

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

19 year. 

20 SEC. 225. NATIONAL SCIENCE BOARD REPORT ON MID21 SCALE INSTRUMENTATION. 

22 (a) MID-SCALE RESEARCH INSTRUMENTATION

23 NEEDS.—The National Science Board shall evaluate the 

24 needs, across all disciplines supported by the Foundation, 

25 for mid-scale research instrumentation that falls between 


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1 the instruments funded by the Major Research Instrumen2 tation program and the very large projects funded by the 

3 Major Research Equipment and Facilities Construction 

4 program. 

5 (b) REPORT ON MID-SCALE RESEARCH INSTRUMEN6 TATION PROGRAM.—Not later than 1 year after the date 

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

8 submit to Congress a report on mid-scale research instru9 mentation at the Foundation. At a minimum, this report 

10 shall include— 

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

12 instrumentation needs required under subsection (a), 

13 including a description of differences across dis14 ciplines and Foundation research directorates; 

15 (2) a recommendation or recommendations re16 garding how the Foundation should set priorities for 

17 mid-scale instrumentation across disciplines and 

18 Foundation research directorates; 

19 (3) a recommendation or recommendations re20 garding the appropriateness of expanding existing 

21 programs, including the Major Research Instrumen22 tation program or the Major Research Equipment 

23 and Facilities Construction program, to support 

24 more instrumentation at the mid-scale; 


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1 (4) a recommendation or recommendations re2 garding the need for and appropriateness of a new, 

3 Foundation-wide program or initiative in support of 

4 mid-scale instrumentation, including any rec5 ommendations regarding the administration of and 

6 budget for such a program or initiative and the ap7 propriate scope of instruments to be funded under 

8 such a program or initiative; and 

9 (5) any recommendation or recommendations 

10 regarding other options for supporting mid-scale re11 search instrumentation at the Foundation. 

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

13 RESEARCH INFRASTRUCTURE AT THE FOUN14 DATION. 

15 It is the sense of Congress that the Foundation 

16 should strive to keep the percentage of the Foundation 

17 budget devoted to research infrastructure in the range of 

18 24 to 27 percent, as recommended in the 2003 National 

19 Science Board report entitled ‘‘Science and Engineering 

20 Infrastructure for the 21st Century’’. 

21 SEC. 227. PARTNERSHIPS FOR INNOVATION. 

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

23 program to award merit-reviewed, competitive grants to 

24 institutions of higher education to establish and to expand 

25 partnerships that promote innovation and increase the 


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1 economic and social impact of research by developing tools 

2 and resources to connect new scientific discoveries to prac3 tical uses. 

4 (b) PARTNERSHIPS.— 

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

6 under this section, an institution of higher education 

7 must propose establishment of a partnership that— 

8 (A) includes at least one private sector en9 tity; and 

10 (B) may include other institutions of high11 er education, public sector institutions, private 

12 sector entities, and social enterprise nonprofit 

13 organizations. 

14 (2) PRIORITY.—In selecting grant recipients 

15 under this section, the Director shall give priority to 

16 partnerships that include one or more institutions of 

17 higher education that are among the 100 institu18 tions receiving, over the 3-year period immediately 

19 preceding the awarding of grants, the highest 

20 amount of research funding from the Foundation 

21 and at least one of the following: 

22 (A) A minority serving institution. 

23 (B) A primarily undergraduate institution. 

24 (C) A 2-year institution of higher edu25 cation. 


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

2 shall seek to— 

3 (1) increase the economic or social impact of 

4 the most promising research at the institution or in5 stitutions of higher education that are members of 

6 the partnership through knowledge transfer or com7 mercialization; 

8 (2) increase the engagement of faculty and stu9 dents across multiple disciplines and departments, 

10 including faculty and students in schools of business 

11 and other appropriate non-STEM fields and dis12 ciplines in knowledge transfer activities; 

13 (3) enhance education and mentoring of stu14 dents and faculty in innovation and entrepreneur15 ship through networks, courses, and development of 

16 best practices and curricula; 

17 (4) strengthen the culture of the institution or 

18 institutions of higher education to undertake and 

19 participate in activities related to innovation and 

20 leading to economic or social impact; 

21 (5) broaden the participation of all types of in22 stitutions of higher education in activities to meet 

23 STEM workforce needs and promote innovation and 

24 knowledge transfer; and 


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1 (6) build lasting partnerships with local and re2 gional businesses, local and State governments, and 

3 other relevant entities. 

4 (d) ADDITIONAL CRITERIA.—In selecting grant re5 cipients under this section, the Director shall also consider 

6 the extent to which the applicants are able to demonstrate 

7 evidence of institutional support for, and commitment 

8 to— 

9 (1) achieving the goals of the program as de10 scribed in subsection (c); 

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

12 the initial proposal is not for an institution-wide pro13 gram; and 

14 (3) sustaining any new innovation tools and re15 sources generated from funding under this program. 

16 (e) LIMITATION.—No funds provided under this sec17 tion may be used to construct or renovate a building or 

18 structure. 

19 SEC. 228. PRIZE AWARDS. 

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

21 ‘‘Generating Extraordinary New Innovations in the 

22 United States Act of 2010’’. 

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

24 pilot program to award innovation inducement cash prizes 

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


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

2 conformity with this section. 

3 (c) TOPICS.—In identifying topics for prize competi4 tions under this section, the Director shall— 

5 (1) consult widely both within and outside the 

6 Federal Government; 

7 (2) give priority to high-risk, high-reward re8 search challenges and to problems whose solution 

9 could improve the economic competitiveness of the 

10 United States; and 

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

12 topics have the potential to raise public awareness 

13 about federally sponsored research. 

14 (d) TYPES OF CONTESTS.—The Director shall con15 sider all categories of innovation inducement prizes, in16 cluding— 

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

18 team or individual who accomplishes a stated objec19 tive; and 

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

21 individual who comes closest to achieving an objec22 tive within a specified time. 

23 (e) ADVERTISING AND ANNOUNCEMENT.— 

24 (1) ADVERTISING AND SOLICITATION OF COM25 PETITORS.—The Director shall widely advertise 


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1 prize competitions to encourage broad participation, 

2 including by individuals, institutions of higher edu3 cation, nonprofit organizations, and businesses. 

4 (2) ANNOUNCEMENT THROUGH FEDERAL REG5 ISTER NOTICE.—The Director shall announce each 

6 prize competition by publishing a notice in the Fed7 eral Register. This notice shall include the subject of 

8 the competition, the duration of the competition, the 

9 eligibility requirements for participation in the com10 petition, the process for participants to register for 

11 the competition, the amount of the prize, and the 

12 criteria for awarding the prize, including the method 

13 by which the prize winner or winners will be se14 lected. 

15 (3) TIME TO ANNOUNCEMENT.—The Director 

16 shall announce a prize competition within 18 months 

17 after receipt of appropriated funds. 

18 (f) FUNDING.— 

19 (1) FUNDING SOURCES.—Prizes under this sec20 tion shall consist of Federal appropriated funds and 

21 any funds raised pursuant to donations authorized 

22 under section 11(f) of the National Science Founda23 tion Act of 1950 (42 U.S.C. 1870(f)) for specific 

24 prize competitions. 


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1 (2) ANNOUNCEMENT OF PRIZES.—The Director 

2 may not issue a notice as required by subsection 

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

4 announced amount of the prize have been appro5 priated or committed in writing by another entity 

6 pursuant to paragraph (1). 

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

8 this section, an individual or entity— 

9 (1) shall have complied with all of the require10 ments under this section; 

11 (2) in the case of a private entity, shall be in12 corporated in and maintain a primary place of busi13 ness in the United States, and in the case of an in14 dividual, whether participating singly or in a group, 

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

16 alien lawfully admitted to the United States for per17 manent residence; 

18 (3) shall not be a Federal entity, a Federal em19 ployee acting within the scope of his or her employ20 ment, or a person employed at a Federal laboratory 

21 acting within the scope of his or her employment; 

22 and 

23 (4) shall not have utilized Federal funds to en24 gage in research on the topic for which the prize is 

25 being awarded. 


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1 (h) AWARDS.— 

2 (1) NUMBER OF COMPETITIONS.—The Director 

3 may announce up to 5 prize competitions through 

4 the end of fiscal year 2013. 

5 (2) SIZE OF AWARD.—The Director may deter6 mine the amount of each prize award based on the 

7 prize topic, but no award shall be less than 

8 $1,000,000 or greater than $3,000,000. 

9 (3) SELECTING WINNERS.—The Director may 

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

11 competition. If the panel is unable to select a win12 ner, the Director shall determine the winner of the 

13 prize. 

14 (4) PUBLIC OUTREACH.—The Director shall 

15 publicly award prizes utilizing the Foundation’s ex16 isting public affairs and public outreach resources. 

17 (i) ADMINISTERING THE COMPETITION.—The Direc18 tor may enter into an agreement with a private, nonprofit 

19 entity to administer the prize competition, subject to the 

20 provisions of this section. 

21 (j) INTELLECTUAL PROPERTY.—The Federal Gov22 ernment shall not, by virtue of offering or awarding a 

23 prize under this section, be entitled to any intellectual 

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

25 relation to, the participation by a registered participant 


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1 in a competition authorized by this section. This sub2 section shall not be construed to prevent the Federal Gov3 ernment from negotiating a license for the use of intellec4 tual property developed for a prize competition under this 

5 section. 

6 (k) LIABILITY.—The Director may require a reg7 istered participant in a prize competition under this sec8 tion to waive liability against the Federal Government for 

9 injuries and damages that result from participation in 

10 such competition. 

11 (l) NONSUBSTITUTION.—Any programs created 

12 under this section shall not be considered a substitute for 

13 Federal research and development programs. 

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

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

16 Science Board shall transmit to Congress a report con17 taining the results of a review and assessment of the pilot 

18 program under this section, including— 

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

20 completed or ongoing prize competitions carried out 

21 under this section, including any scientific achieve22 ments, publications, intellectual property, or com23 mercialized technology that resulted from such com24 petitions; 


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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 (n) 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 (o) AUTHORIZATION OF APPROPRIATIONS.— 

23 (1) IN GENERAL.— 

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

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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 SEC. 229. GREEN CHEMISTRY BASIC RESEARCH. 

20 The Director shall establish a Green Chemistry Basic 

21 Research program to award competitive, merit-based 

22 grants to support research into green and sustainable 

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

24 alternatives to traditional chemical products and practices. 

25 The research program shall provide sustained support for 


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1 green chemistry research, education, and technology 

2 transfer through— 

3 (1) merit-reviewed competitive grants to indi4 vidual investigators and teams of investigators, in5 cluding, to the extent practicable, young investiga6 tors, for research; 

7 (2) grants to fund collaborative research part8 nerships among universities, industry, and nonprofit 

9 organizations; 

10 (3) symposia, forums, and conferences to in11 crease outreach, collaboration, and dissemination of 

12 green chemistry advances and practices; and 

13 (4) education, training, and retraining of under14 graduate and graduate students and professional 

15 chemists and chemical engineers, including through 

16 partnerships with industry, in green chemistry 

17 science and engineering. 

18 SEC. 230. COLLABORATION IN PLANNING FOR STEWARD19 SHIP OF LARGE-SCALE FACILITIES. 

20 It is the sense of Congress that the Foundation 

21 should, in its planning for construction and stewardship 

22 of large facilities, coordinate and collaborate with other 

23 Federal agencies, including the Department of Energy’s 

24 Office of Science, to ensure that joint investments may 

25 be made when practicable. In particular, the Foundation 


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1 should ensure that it responds to recommendations by the 

2 National Academy of Sciences and working groups con3 vened by the National Science and Technology Council re4 garding such facilities and opportunities for partnership 

5 with other agencies in the design and construction of such 

6 facilities. For facilities in which research in multiple dis7 ciplines will be possible, the Director should include mul8 tiple units within the Foundation during the planning 

9 process. 

10 Subtitle C—STEM Education and 

11 Workforce Training 

12 SEC. 241. GRADUATE STUDENT SUPPORT. 

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

14 (1) the Integrative Graduate Education and Re15 search Traineeship program is an important pro16 gram for training the next generation of scientists 

17 and engineers in team-based interdisciplinary re18 search and problem solving, and for providing them 

19 with the many additional skills, such as communica20 tion skills, needed to thrive in diverse STEM ca21 reers; and 

22 (2) the Integrative Graduate Education and Re23 search Traineeship program is no less valuable to 

24 the preparation and support of graduate students 


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1 than the Foundation’s Graduate Research Fellow2 ship program. 

3 (b) EQUAL TREATMENT OF IGERT AND GRF.—Be4 ginning in fiscal year 2011, the Director shall increase or, 

5 if necessary, decrease funding for the Foundation’s Inte6 grative Graduate Education and Research Traineeship 

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

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

9 the Graduate Research Fellowship program. 

10 (c) SUPPORT FOR GRADUATE STUDENT RESEARCH

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

12 years 2011 through 2013, at least 50 percent of the total 

13 Foundation funds allocated to the Integrative Graduate 

14 Education and Research Traineeship program and the 

15 Graduate Research Fellowship program shall come from 

16 funds appropriated for Research and Related Activities. 

17 (d) COST OF EDUCATION ALLOWANCE FOR GRF 

18 PROGRAM.—Section 10 of the National Science Founda19 tion Act of 1950 (42 U.S.C. 1869) is amended— 

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

21 is authorized’’; and 

22 (2) by adding at the end the following new sub23 section: 

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

25 amount to be awarded for scholarships and fellowships 


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1 under this section for that year. Each such scholarship 

2 and fellowship shall include a cost of education allowance 

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

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

5 SEC. 242. POSTDOCTORAL FELLOWSHIP IN STEM EDU6 CATION RESEARCH. 

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

8 postdoctoral fellowships in STEM education research to 

9 provide recent doctoral degree graduates in STEM fields 

10 with the necessary skills to assume leadership roles in 

11 STEM education research, program development, and 

12 evaluation in our Nation’s diverse educational institutions. 

13 (b) AWARDS.— 

14 (1) DURATION.—Fellowships may be awarded 

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

16 in duration, renewable for an additional 12 months. 

17 The Director shall establish criteria for eligibility for 

18 renewal of the fellowship. 

19 (2) STIPEND.—The Director shall determine 

20 the amount of the award for a fellowship, which 

21 shall include a stipend and a research allowance, and 

22 may include an educational allowance. 

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

24 for research at any institution of higher education 

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1 dation, or at any institution or organization that the 

2 Director determines is eligible for education research 

3 grants from the Foundation. 

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

5 award up to 20 new fellowships per year. 

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

7 be awarded for research on STEM education at any edu8 cational level, including grades pre-K–12, undergraduate, 

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

10 informal settings. Research topics may include— 

11 (1) learning processes and progressions; 

12 (2) knowledge transfer, including curriculum 

13 development; 

14 (3) uses of technology as teaching and learning 

15 tools; 

16 (4) integrating STEM fields; and 

17 (5) assessment of student learning and program 

18 evaluation. 

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

20 under this section, an individual must— 

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

22 alien lawfully admitted to the United States for per23 manent residence, at the time of application; and 


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

2 STEM fields supported by the Foundation within 3 

3 years prior to the fellowship application deadline. 

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

5 this section, the Director shall conduct outreach efforts 

6 to encourage applications from underrepresented groups. 

7 SEC. 243. ROBERT NOYCE TEACHER SCHOLARSHIP PRO8 GRAM. 

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

10 of the National Science Foundation Authorization Act of 

11 2002 (42 U.S.C. 1862n–1a(h)(1)) is amended to read as 

12 follows: 

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

14 a grant under this section shall provide, from non15 Federal sources, to carry out the activities supported 

16 by the grant— 

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

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

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

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

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

22 $1,500,000 or more, an amount equal to at 

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

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


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

2 of the National Science Foundation Authorization Act of 

3 2002 (42 U.S.C. 1862n–1a) is amended in subsection 

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

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

6 SEC. 244. INSTITUTIONS SERVING PERSONS WITH DISABIL7 ITIES. 

8 For the purposes of the activities and programs sup9 ported by the Foundation, institutions of higher education 

10 chartered to serve large numbers of students with disabil11 ities, including Gallaudet University, Landmark College, 

12 and the National Technical Institute for the Deaf, shall 

13 have a designation consistent with the designation for 

14 other institutions that serve populations underrepresented 

15 in STEM to ensure that institutions of higher education 

16 chartered to serve persons with disabilities can benefit 

17 from STEM bridge programs and from research partner18 ships with major research universities. Nothing in this sec19 tion shall be construed to amend or otherwise affect any 

20 of the definitions for minority-serving institutions under 

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

22 SEC. 245. INSTITUTIONAL INTEGRATION. 

23 (a) INNOVATION THROUGH INSTITUTIONAL INTE24 GRATION.—The Director shall award grants for the insti25 tutional integration of projects funded by the Foundation 


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1 with a focus on education, or on broadening participation 

2 in STEM by underrepresented groups, for the purpose of 

3 increasing collaboration and coordination across funded 

4 projects and institutions and expanding the impact of such 

5 projects within and among institutions of higher education 

6 in an innovative and sustainable manner. 

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

8 section shall support integrative activities that involve the 

9 strategic and innovative combination of Foundation-fund10 ed projects and that provide for— 

11 (1) additional opportunities to increase the re12 cruitment, retention, and degree attainment of 

13 underrepresented groups in STEM disciplines; 

14 (2) the inclusion of programming, practices, 

15 and policies that encourage the integration of edu16 cation and research; 

17 (3) seamless transitions from one educational 

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

19 institution; and 

20 (4) other activities that expand and deepen the 

21 impact of Foundation-funded projects with a focus 

22 on education, or on broadening participation in 

23 STEM by underrepresented groups, and enhance 

24 their sustainability. 


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

2 grants under this section, the Director shall consider at 

3 a minimum— 

4 (1) the extent to which the proposed project ad5 dresses the goals of project and program integration 

6 and adds value to the existing funded projects; 

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

8 of success for the existing projects on which the pro9 posed integration project is based; and 

10 (3) the extent to which the proposed project ad11 dresses the modification of programming, practices, 

12 and policies necessary to achieve the purpose de13 scribed in subsection (a). 

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

15 under this section, the Director shall give priority to pro16 posals for which a senior institutional administrator, in17 cluding a dean or other administrator of equal or higher 

18 rank, serves as the principal investigator. 

19 SEC. 246. POSTDOCTORAL RESEARCH FELLOWSHIPS. 

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

21 Foundation-wide postdoctoral research fellowship pro22 gram, to award competitive, merit-based postdoctoral re23 search fellowships in any field of research supported by 

24 the Foundation. 


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

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

3 in duration. The Director shall determine the amount of 

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

5 and a research allowance, and may include an educational 

6 allowance. 

7 (c) ELIGIBILITY.—To be eligible to receive a fellow8 ship under this section, an individual— 

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

10 or an alien lawfully admitted to the United States 

11 for permanent residence, at the time of application; 

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

13 field of research supported by the Foundation within 

14 3 years prior to the fellowship application deadline, 

15 or will complete a doctoral degree no more than 1 

16 year after the application deadline; and 

17 (3) may not have previously received funding as 

18 the principal investigator of a research grant from 

19 the Foundation, unless such funding was received as 

20 a graduate student. 

21 (d) PRIORITY.—In evaluating applications for fellow22 ships under this section, the Director shall give priority 

23 to applications that include— 

24 (1) proposals for interdisciplinary research; or 


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1 (2) proposals for high-risk, high-reward re2 search. 

3 (e) ADDITIONAL CONSIDERATIONS.— 

4 (1) IN GENERAL.—In evaluating applications 

5 for fellowships under this section, the Director shall 

6 give consideration to the goal of promoting the par7 ticipation of individuals identified in section 33 or 

8 34 of the Science and Engineering Equal Opportuni9 ties Act (42 U.S.C. 1885a or 1885b) and veterans. 

10 (2) DEFINITION.—For purposes of this sub11 section, the term ‘‘veteran’’ means a person who— 

12 (A) served on active duty (other than ac13 tive duty for training) in the Armed Forces of 

14 the United States for a period of more than 

15 180 consecutive days, and who was discharged 

16 or released therefrom under conditions other 

17 than dishonorable; or 

18 (B) served on active duty (other than ac19 tive duty for training) in the Armed Forces of 

20 the United States and was discharged or re21 leased from such service for a service-connected 

22 disability before serving 180 consecutive days. 

23 For purposes of subparagraph (B), the term ‘‘serv24 ice-connected’’ has the meaning given such term 

25 under section 101 of title 38, United States Code. 


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1 (f) NONSUBSTITUTION.—The fellowship program au2 thorized under this section is not intended to replace or 

3 reduce support for postdoctoral research through existing 

4 programs at the Foundation. 

5 (g) OUTREACH.—In carrying out the program under 

6 this section, the Director shall conduct outreach efforts 

7 to encourage applications from underrepresented groups. 

8 SEC. 247. BROADENING PARTICIPATION TRAINING AND 

9 OUTREACH. 

10 The Director shall provide education and training— 

11 (1) to Foundation staff and grant proposal re12 view panels on effective mechanisms and tools for 

13 broadening participation in STEM by underrep14 resented groups, including reviewer selection and 

15 mitigation of implicit bias in the review process; and 

16 (2) to Foundation staff on related outreach ap17 proaches. 

18 SEC. 248. TRANSFORMING UNDERGRADUATE EDUCATION 

19 IN STEM. 

20 Section 17 of the National Science Foundation Au21 thorization Act of 2002 (42 U.S.C. 1862n–6) is amended 

22 to read as follows: 


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1 ‘‘SEC. 17. TRANSFORMING UNDERGRADUATE EDUCATION 

2 IN STEM. 

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

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

5 higher education (or to consortia thereof) to reform under6 graduate STEM education for the purpose of increasing 

7 the number and quality of students studying toward and 

8 completing baccalaureate degrees in STEM and improving 

9 the STEM learning outcomes for all undergraduate stu10 dents, including through— 

11 ‘‘(1) development, implementation, and assess12 ment of innovative, research-based approaches to 

13 transforming the teaching and learning of discipli14 nary or interdisciplinary STEM at the under15 graduate level; and 

16 ‘‘(2) expansion of successful STEM reform ef17 forts beyond a single course or group of courses to 

18 achieve reform within an entire academic unit, or ex19 pansion of successful reform efforts beyond a single 

20 academic unit to other STEM academic units within 

21 an institution or to comparable academic units at 

22 other institutions. 

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

24 grants under this section may include— 

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1 laborations for the purpose of improved student in2 struction and research in STEM; 

3 ‘‘(2) expansion of undergraduate STEM re4 search opportunities to include interdisciplinary re5 search opportunities and research opportunities in 

6 industry, at Federal labs, and at international re7 search institutions or research sites; 

8 ‘‘(3) implementation or expansion of bridge pro9 grams, including programs that address student 

10 transition from 2-year to 4-year institutions, and co11 hort, tutoring, or mentoring programs proven to en12 hance student recruitment or persistence to degree 

13 completion in STEM, including recruitment or per14 sistence to degree completion of individuals identi15 fied in section 33 or 34 of the Science and Engineer16 ing Equal Opportunities Act (42 U.S.C. 1885a or 

17 1885b); 

18 ‘‘(4) improvement of undergraduate STEM 

19 education for nonmajors, including education ma20 jors; 

21 ‘‘(5) implementation of evidence-based, tech22 nology-driven reform efforts that directly impact un23 dergraduate STEM instruction or research experi24 ences; 


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1 ‘‘(6) development and implementation of faculty 

2 and graduate teaching assistant development pro3 grams focused on improved instruction, mentoring, 

4 assessment of student learning, and support of un5 dergraduate STEM students; 

6 ‘‘(7) support for graduate students and 

7 postdoctoral fellows to participate in instructional or 

8 assessment activities at primarily undergraduate in9 stitutions; 

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

11 STEM at the undergraduate level related to the pro12 posed reform effort, including assessment and eval13 uation of the proposed reform activities, research on 

14 scalability and sustainability of approaches to re15 form, and development and implementation of longi16 tudinal studies of students included in the proposed 

17 reform effort; and 

18 ‘‘(9) support for initiatives that advance the in19 tegration of global challenges such as sustainability 

20 into disciplinary and interdisciplinary STEM edu21 cation. 

22 ‘‘(c) PARTNERSHIP.—An institution of higher edu23 cation may partner with one or more other nonprofit edu24 cation or research organizations, including scientific and 


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1 engineering societies, for the purposes of carrying out the 

2 activities authorized under this section. 

3 ‘‘(d) SELECTION PROCESS.— 

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

5 education seeking a grant under this section shall 

6 submit an application to the Director at such time, 

7 in such manner, and containing such information as 

8 the Director may require. The application shall in9 clude, at a minimum— 

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

11 effort; 

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

13 that will serve as the basis for the proposed re14 form effort or, in the case of applications that 

15 propose an expansion of a previously imple16 mented reform effort, a description of the pre17 viously implemented reform effort, including in18 dicators of success such as data on student re19 cruitment, persistence to degree completion, 

20 and academic achievement; 

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

22 and commitment to, the proposed reform effort, 

23 including long-term commitment to implement 

24 successful strategies from the current reform 

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1 cluded in the grant proposal or to disseminate 

2 successful strategies to other institutions; 

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

4 institutional policies and practices regarding 

5 faculty hiring, promotion, tenure, and teaching 

6 assignment that reward faculty contributions to 

7 undergraduate STEM education; and 

8 ‘‘(E) a description of the plans for assess9 ment and evaluation of the proposed reform ac10 tivities, including evidence of participation by 

11 individuals with experience in assessment and 

12 evaluation of teaching and learning programs. 

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

14 grant recipients under this section, the Director 

15 shall consider at a minimum— 

16 ‘‘(A) the likelihood of success in under17 taking the proposed effort at the institution 

18 submitting the application, including the extent 

19 to which the faculty, staff, and administrators 

20 of the institution are committed to making the 

21 proposed institutional reform a priority of the 

22 participating academic unit or units; 

23 ‘‘(B) the degree to which the proposed re24 form will contribute to change in institutional 

25 culture and policy such that a greater value is 


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1 placed on faculty engagement in undergraduate 

2 education; 

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

4 sustain or expand the reform beyond the period 

5 of the grant; and 

6 ‘‘(D) the degree to which scholarly assess7 ment and evaluation plans are included in the 

8 design of the reform effort, including the degree 

9 to which such assessment and evaluation con10 tribute to the systematic accumulation of 

11 knowledge on STEM education. 

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

13 expansion of existing reform efforts beyond a single 

14 academic unit, the Director shall give priority to 

15 proposals for which a senior institutional adminis16 trator, including a dean or other administrator of 

17 equal or higher rank, serves as the principal investi18 gator or a coprincipal investigator. 

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

20 shall ensure, to the extent practicable, that grants 

21 awarded under this section are made to a variety of 

22 types of institutions of higher education.’’. 

23 SEC. 249. 21ST CENTURY GRADUATE EDUCATION. 

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

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


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1 higher education to implement or expand research-based 

2 reforms in master’s and doctoral level STEM education 

3 that emphasize preparation for diverse careers utilizing 

4 STEM degrees, including at diverse types of institutions 

5 of higher education, in industry, and at government agen6 cies and research laboratories. 

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

8 under this section may include— 

9 (1) creation of multidisciplinary or interdiscipli10 nary courses or programs for the purpose of im11 proved student instruction and research in STEM; 

12 (2) expansion of graduate STEM research op13 portunities to include interdisciplinary research op14 portunities and research opportunities in industry, 

15 at Federal laboratories, and at international re16 search institutions or research sites; 

17 (3) development and implementation of future 

18 faculty training programs focused on improved in19 struction, mentoring, assessment of student learn20 ing, and support of undergraduate STEM students; 

21 (4) support and training for graduate students 

22 to participate in instructional activities beyond the 

23 traditional teaching assistantship, and especially as 

24 part of ongoing educational reform efforts, including 


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1 at pre-K–12 schools, informal science education in2 stitutions, and primarily undergraduate institutions; 

3 (5) creation, improvement, or expansion of in4 novative graduate programs such as science master’s 

5 degree programs; 

6 (6) development and implementation of semi7 nars, workshops, and other professional development 

8 activities that increase the ability of graduate stu9 dents to engage in innovation, technology transfer, 

10 and entrepreneurship; 

11 (7) development and implementation of semi12 nars, workshops, and other professional development 

13 activities that increase the ability of graduate stu14 dents to effectively communicate their research find15 ings to technical audiences outside of their own dis16 cipline and to nontechnical audiences; 

17 (8) expansion of successful STEM reform ef18 forts beyond a single academic unit to other STEM 

19 academic units within an institution or to com20 parable academic units at other institutions; and 

21 (9) research on teaching and learning of STEM 

22 at the graduate level related to the proposed reform 

23 effort, including assessment and evaluation of the 

24 proposed reform activities and research on scalability 

25 and sustainability of approaches to reform. 


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1 (c) PARTNERSHIP.—An institution of higher edu2 cation may partner with one or more other nonprofit edu3 cation or research organizations, including scientific and 

4 engineering societies, for the purposes of carrying out the 

5 activities authorized under this section. 

6 (d) SELECTION PROCESS.— 

7 (1) APPLICATIONS.—An institution of higher 

8 education seeking a grant under this section shall 

9 submit an application to the Director at such time, 

10 in such manner, and containing such information as 

11 the Director may require. The application shall in12 clude, at a minimum— 

13 (A) a description of the proposed reform 

14 effort; 

15 (B) in the case of applications that propose 

16 an expansion of a previously implemented re17 form effort at the applicant’s institution or at 

18 other institutions, a description of the pre19 viously implemented reform effort; 

20 (C) evidence of institutional support for, 

21 and commitment to, the proposed reform effort, 

22 including long-term commitment to implement 

23 successful strategies from the current reform 

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1 cluded in the grant proposal or to disseminate 

2 successful strategies to other institutions; and 

3 (D) a description of the plans for assess4 ment and evaluation of the grant proposed re5 form activities. 

6 (2) REVIEW OF APPLICATIONS.—In selecting 

7 grant recipients under this section, the Director 

8 shall consider at a minimum— 

9 (A) the likelihood of success in under10 taking the proposed effort at the institution 

11 submitting the application, including the extent 

12 to which the faculty, staff, and administrators 

13 of the institution are committed to making the 

14 proposed institutional reform a priority of the 

15 participating academic unit or units; 

16 (B) the degree to which the proposed re17 form will contribute to change in institutional 

18 culture and policy such that a greater value is 

19 placed on preparing graduate students for di20 verse careers utilizing STEM degrees; 

21 (C) the likelihood that the institution will 

22 sustain or expand the reform beyond the period 

23 of the grant; and 


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1 (D) the degree to which scholarly assess2 ment and evaluation plans are included in the 

3 design of the reform effort. 

4 (e) REPEAL.—Section 7034 of the America COM5 PETES Act (42 U.S.C. 1862o–13) is repealed. 

6 SEC. 250. UNDERGRADUATE BROADENING PARTICIPATION 

7 PROGRAM. 

8 (a) UNDERGRADUATE BROADENING PARTICIPATION

9 PROGRAM.—The Foundation shall continue to support the 

10 Historically Black Colleges and Universities Under11 graduate Program, the Louis Stokes Alliances for Minor12 ity Participation program, and the Tribal Colleges and 

13 Universities Program as separate programs at least 

14 through September 30, 2011. 

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

16 of the programs described in subsection (a), in addition 

17 to the Hispanic-Serving Institutions Undergraduate Pro18 gram required by section 7033 of the America COM19 PETES Act (42 U.S.C. 1862o–12), the Director shall de20 velop a plan clarifying the objectives and rationale for such 

21 changes. The plan shall include a description of how such 

22 changes would result in— 

23 (1) meeting or strengthening the common goal 

24 of the separate programs to increase the number of 


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1 individuals from underrepresented groups attaining 

2 undergraduate STEM degrees; and 

3 (2) addressing the unique needs of the different 

4 types of minority serving institutions and underrep5 resented groups currently provided for by the sepa6 rate programs. 

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

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

9 a minimum— 

10 (1) consider the recommendations and findings 

11 of the National Academy of Sciences report required 

12 by section 7032 of the America COMPETES Act 

13 (Public Law 110–69); and 

14 (2) solicit recommendations and feedback from 

15 a wide range of stakeholders, including representa16 tives from minority serving institutions, other insti17 tutions of higher education, and other entities with 

18 expertise on effective mechanisms to increase the re19 cruitment and retention of members of underrep20 resented groups in STEM fields, and the attainment 

21 of STEM degrees by underrepresented groups. 

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

23 under this section shall be transmitted to Congress at least 

24 3 months prior to the implementation of any realignment 


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1 or consolidation of the programs described in subsection 

2 (a). 

3 SEC. 251. GRAND CHALLENGES IN EDUCATION RESEARCH. 

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

5 of Education shall collaborate, in consultation with the Di6 rector of the National Institutes of Health, in— 

7 (1) identifying, prioritizing, and developing 

8 strategies to address grand challenges in research 

9 and development on the teaching and learning of 

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

11 settings, for diverse learning populations, including 

12 individuals identified in section 33 or 34 of the 

13 Science and Engineering Equal Opportunities Act 

14 (42 U.S.C. 1885a or 1885b), and students in rural 

15 schools; 

16 (2) carrying out research and development to 

17 address the grand challenges identified in paragraph 

18 (1); and 

19 (3) ensuring the dissemination of the results of 

20 such research and development. 

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

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

23 Secretary shall— 

24 (1) take into consideration critical research 

25 gaps identified in existing reports, including reports 


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1 by the National Academies, on the teaching and 

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

3 and informal settings; and 

4 (2) solicit input from a wide range of stake5 holders, including local and State education officials, 

6 STEM teachers, STEM education researchers, sci7 entific and engineering societies, STEM faculty at 

8 institutions of higher education, informal STEM 

9 education providers, businesses with a large STEM 

10 workforce, and other stakeholders in the teaching 

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

12 may enter into an arrangement with the National 

13 Research Council for these purposes. 

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

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

16 Secretary, in order to provide students with increased ac17 cess to rigorous courses of study in STEM, increase the 

18 number of students who are prepared for advanced study 

19 and careers in STEM, and increase the effective teaching 

20 of STEM subjects, shall at a minimum consider the fol21 lowing topics: 

22 (1) Research on scalability, sustainability, and 

23 replication of successful STEM activities, programs, 

24 and models, in formal and informal environments. 


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1 (2) Research that utilizes a systems approach 

2 to identifying challenges and opportunities to im3 prove the teaching and learning of STEM, including 

4 development and evaluation of model systems that 

5 support improved teaching and learning of STEM 

6 across entire school districts and States, and encom7 passing and integrating the teaching and learning of 

8 STEM in formal and informal venues, and in K–12 

9 schools and institutions of higher education. 

10 (3) Research to understand what makes a 

11 STEM teacher effective and pre-service and in-serv12 ice STEM teacher training and professional develop13 ment effective, including development of tools and 

14 methodologies to measure STEM teacher effective15 ness. 

16 (4) Research and development on cyber-enabled 

17 tools and programs and television based tools and 

18 programs for learning and teaching STEM, includ19 ing development of tools and methodologies for as20 sessing cyber and television enabled teaching and 

21 learning. 

22 (5) Research and development on STEM teach23 ing and learning in informal environments, including 

24 development of tools and methodologies for assessing 


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1 STEM teaching and learning in informal environ2 ments. 

3 (6) Research and development on how inte4 grating engineering with mathematics and science 

5 education may— 

6 (A) improve student learning of mathe7 matics and science; 

8 (B) increase student interest and persist9 ence in STEM; or 

10 (C) improve student understanding of engi11 neering design principles and of the built world. 

12 (7) Research to understand what makes hands13 on, inquiry-based classroom experiences effective, in14 cluding development of tools and methodologies for 

15 assessing such experiences. 

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

17 months after the date of enactment of this Act, the Direc18 tor and the Secretary shall report back to Congress with 

19 a description of— 

20 (1) the grand challenges identified pursuant to 

21 this section; 

22 (2) the role of each agency in supporting re23 search and development activities to address the 

24 grand challenges; 


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1 (3) the common metrics that will be used to as2 sess progress toward meeting the grand challenges; 

3 (4) plans for periodically updating the grand 

4 challenges; 

5 (5) how the agencies will disseminate the re6 sults of research and development activities carried 

7 out under this section to STEM education practi8 tioners, to other Federal agencies that support 

9 STEM programs and activities, and to non-Federal 

10 funders of STEM education; and 

11 (6) how the agencies will support implementa12 tion of best practices identified by the research and 

13 development activities. 

14 SEC. 252. RESEARCH EXPERIENCES FOR UNDERGRADU15 ATES. 

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

17 grants, on a merit-reviewed, competitive basis, to institu18 tions of higher education, nonprofit organizations, or con19 sortia of such institutions and organizations, for sites des20 ignated by the Director to provide research experiences for 

21 6 or more undergraduate STEM students for sites des22 ignated at primarily undergraduate institutions of higher 

23 education and 10 or more undergraduate STEM students 

24 for all other sites, with consideration given to the goal of 

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1 tion 33 or 34 of the Science and Engineering Equal Op2 portunities Act (42 U.S.C. 1885a or 1885b). The Director 

3 shall ensure that— 

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

5 a program funded by a grant under this subsection 

6 at each site shall be recruited from institutions of 

7 higher education where research opportunities in 

8 STEM are limited, including 2-year institutions; 

9 (2) the awards provide undergraduate research 

10 experiences in a wide range of STEM disciplines; 

11 (3) the awards support a variety of projects, in12 cluding independent investigator-led projects, inter13 disciplinary projects, and multi-institutional projects 

14 (including virtual projects); 

15 (4) students participating in each program 

16 funded have mentors, including during the academic 

17 year to the extent practicable, to help connect the 

18 students’ research experiences to the overall aca19 demic course of study and to help students achieve 

20 success in courses of study leading to a bacca21 laureate degree in a STEM field; 

22 (5) mentors and students are supported with 

23 appropriate salary or stipends; and 

24 (6) student participants are tracked, for em25 ployment and continued matriculation in STEM 


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1 fields, through receipt of the undergraduate degree 

2 and for at least 3 years thereafter. 

3 (b) INCLUSION OF UNDERGRADUATES IN STANDARD

4 RESEARCH GRANTS.—The Director shall require that 

5 every recipient of a research grant from the Foundation 

6 proposing to include 1 or more students enrolled in certifi7 cate, associate, or baccalaureate degree programs in car8 rying out the research under the grant shall request sup9 port, including stipend support, for such undergraduate 

10 students as part of the research proposal itself rather than 

11 as a supplement to the research proposal, unless such un12 dergraduate participation was not foreseeable at the time 

13 of the original proposal. 

14 SEC. 253. LABORATORY SCIENCE PILOT PROGRAM. 

15 Section 7026 of the America COMPETES Act (Pub16 lic Law 110–69) is amended by striking subsections (d) 

17 and (e). 

18 SEC. 254. STEM INDUSTRY INTERNSHIP PROGRAMS. 

19 (a) IN GENERAL.—The Director may award grants, 

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

21 higher education, or consortia thereof, to establish or ex22 pand partnerships with local or regional private sector en23 tities, for the purpose of providing undergraduate students 

24 with integrated internship experiences that connect private 

25 sector internship experiences with the students’ STEM 


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1 coursework. Such partnerships may also include industry 

2 or professional associations. 

3 (b) PRIORITY.—In awarding grants under this sec4 tion, the Director shall give priority to institutions of high5 er education or consortia thereof that demonstrate signifi6 cant outreach to and coordination with local or regional 

7 private sector entities in developing academic courses de8 signed to provide students with the skills necessary for em9 ployment in local or regional companies. 

10 (c) OUTREACH TO RURAL COMMUNITIES.—The 

11 Foundation shall conduct outreach to institutions of high12 er education and private sector entities in rural areas to 

13 encourage those entities to participate in partnerships 

14 under this section. 

15 (d) COST-SHARE.—The Director shall require a 50 

16 percent non-Federal cost-share from partnerships estab17 lished or expanded under this section. 

18 (e) RESTRICTION.—No Federal funds provided under 

19 this section may be used— 

20 (1) for the purpose of providing stipends or 

21 compensation to students for private sector intern22 ships; or 

23 (2) as payment or reimbursement to private 

24 sector entities, except for institutions of higher edu25 cation. 


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1 (f) REPORT.—Not less than 3 years after the date 

2 of enactment of this Act, the Director shall submit a re3 port to Congress on the number and total value of awards 

4 made under this section, the number of students affected 

5 by those awards, any evidence of the effect of those awards 

6 on workforce preparation and jobs placement for partici7 pating students, and an economic and ethnic breakdown 

8 of the participating students. 

9 SEC. 255. TRIBAL COLLEGES AND UNIVERSITIES PROGRAM. 

10 (a) IN GENERAL.—The Director shall continue to 

11 support a program to award grants on a competitive, 

12 merit-reviewed basis to tribal colleges and universities (as 

13 defined in section 316 of the Higher Education Act of 

14 1965 (20 U.S.C. 1059c)), including institutions described 

15 in section 317 of such Act (20 U.S.C. 1059d), to enhance 

16 the quality of undergraduate STEM education at such in17 stitutions and to increase the retention and graduation 

18 rates of Native American students pursuing associate’s or 

19 baccalaureate degrees in STEM. 

20 (b) PROGRAM COMPONENTS.—Grants awarded under 

21 this section shall support— 

22 (1) activities to improve courses and curriculum 

23 in STEM; 

24 (2) faculty development; 


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1 (3) stipends for undergraduate students partici2 pating in research; and 

3 (4) other activities consistent with subsection 

4 (a), as determined by the Director. 

5 (c) INSTRUMENTATION.—Funding provided under 

6 this section may be used for instrumentation. 

7 SEC. 256. CYBER-ENABLED LEARNING FOR NATIONAL 

8 CHALLENGES. 

9 The Director shall, in consultation with appropriate 

10 Federal agencies, identify ways to use cyber-enabled learn11 ing to create an innovative STEM workforce and to help 

12 retrain and retain our existing STEM workforce to ad13 dress national challenges, including national security and 

14 competitiveness. 

15 SEC. 257. SENSE OF CONGRESS. 

16 It is the sense of Congress that retaining graduate17 level talent trained at American universities in Science, 

18 Technology, Engineering, and Mathematics (STEM) fields 

19 is critical to enhancing the competitiveness of American 

20 businesses. 

21 TITLE III—STEM EDUCATION 

22 SEC. 301. COORDINATION OF FEDERAL STEM EDUCATION. 

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

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


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

2 means science, technology, engineering, and mathematics. 

3 (c) ESTABLISHMENT.—The Director of the Office of 

4 Science and Technology Policy shall establish a committee 

5 under the National Science and Technology Council with 

6 the responsibility to coordinate Federal programs and ac7 tivities in support of STEM education, including at the 

8 National Science Foundation, the Department of Energy, 

9 the National Aeronautics and Space Administration, the 

10 National Oceanic and Atmospheric Administration, the 

11 Department of Education, and all other Federal agencies 

12 that have programs and activities in support of STEM 

13 education. 

14 (d) RESPONSIBILITIES OF THE COMMITTEE.—The 

15 committee established under subsection (c) shall— 

16 (1) coordinate the STEM education activities 

17 and programs of the Federal agencies; 

18 (2) develop, implement through the partici19 pating agencies, and update once every 5 years a 5- 

20 year STEM education strategic plan, which shall— 

21 (A) specify and prioritize annual and long22 term objectives; 

23 (B) specify the common metrics that will 

24 be used to assess progress toward achieving the 

25 objectives; 


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1 (C) describe the approaches that will be 

2 taken by each participating agency to assess the 

3 effectiveness of its STEM education programs 

4 and activities; 

5 (D) with respect to subparagraph (A), de6 scribe the role of each agency in supporting 

7 programs and activities designed to achieve the 

8 objectives; 

9 (E) describe the approaches that will be 

10 taken by each agency to increase the participa11 tion of underrepresented minority groups in 

12 STEM studies and careers both for programs 

13 specifically designed to broaden participation 

14 and for all programs in general, including by 

15 providing for programs and activities that in16 crease participation by individuals in these 

17 groups at all institutions, and by increasing the 

18 engagement of Historically Black Colleges and 

19 Universities and minority-serving institutions in 

20 the STEM education and outreach activities 

21 supported by the agencies; and 

22 (F) describe the approaches that will be 

23 taken by each participating agency to conduct 

24 outreach designed to promote widespread public 

25 understanding of career opportunities in the 


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1 STEM fields specific to the workforce needs of 

2 each agency, including outreach to women, 

3 Latinos, African-Americans, Native Americans, 

4 and other students from groups underrep5 resented in STEM; 

6 (3) establish, periodically update, and maintain 

7 an inventory of federally sponsored STEM education 

8 programs and activities, including documentation of 

9 assessments of the effectiveness of such programs 

10 and activities and rates of participation by underrep11 resented minorities in such programs and activities; 

12 and 

13 (4) establish and maintain a publically acces14 sible online database of all federally sponsored 

15 STEM education programs and activities at all levels 

16 and for all audiences, including students, teachers, 

17 and the general public. 

18 (e) RESPONSIBILITIES OF OSTP.—The Director of 

19 the Office of Science and Technology Policy shall encour20 age and monitor the efforts of the participating agencies 

21 to ensure that the strategic plan under subsection (d)(2) 

22 is developed and executed effectively and that the objec23 tives of the strategic plan are met. 

24 (f) REPORT.—The Director of the Office of Science 

25 and Technology Policy shall transmit a report annually to 


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1 Congress at the time of the President’s budget request de2 scribing the plan required under subsection (d)(2). The 

3 annual report shall include— 

4 (1) a description of the STEM education pro5 grams and activities for the previous and current fis6 cal years, and the proposed programs and activities 

7 under the President’s budget request, of each par8 ticipating Federal agency; 

9 (2) the levels of funding for each participating 

10 Federal agency for the programs and activities de11 scribed under paragraph (1) for the previous fiscal 

12 year and under the President’s budget request; 

13 (3) except for the initial annual report, a de14 scription of the progress made in carrying out the 

15 implementation plan, including a description of the 

16 outcome of any program assessments completed in 

17 the previous year, and any changes made to that 

18 plan since the previous annual report; and 

19 (4) a description of how the participating Fed20 eral agencies will disseminate information about fed21 erally supported resources for STEM education 

22 practitioners, including teacher professional develop23 ment programs, to States and to STEM education 

24 practitioners, including to teachers and administra25 tors in high-need schools, as defined in section 200 


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1 of the Higher Education Act of 1965 (20 U.S.C. 

2 1021). 

3 SEC. 302. ADVISORY COMMITTEE ON STEM EDUCATION. 

4 (a) IN GENERAL.—The President shall establish or 

5 designate an advisory committee on science, technology, 

6 engineering, and mathematics (STEM) education. 

7 (b) MEMBERSHIP.—The advisory committee estab8 lished or designated by the President under subsection (a) 

9 shall be chaired by at least 2 members of the President’s 

10 Council of Advisors on Science and Technology, with the 

11 remaining advisory committee membership consisting of 

12 non-Federal members who are specially qualified to pro13 vide the President with advice and information on STEM 

14 education. Membership of the advisory committee, at a 

15 minimum, shall include individuals from the following cat16 egories of individuals and organizations: 

17 (1) Elementary school and secondary school ad18 ministrator associations. 

19 (2) STEM educator professional associations. 

20 (3) Organizations that provide informal STEM 

21 education activities. 

22 (4) Institutions of higher education. 

23 (5) Scientific and engineering professional soci24 eties. 

25 (6) Business and industry associations. 


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1 (7) Foundations that fund STEM education ac2 tivities. 

3 (c) RESPONSIBILITIES.—The responsibilities of the 

4 advisory committee shall include— 

5 (1) soliciting input from teachers and adminis6 trators in both public and private schools, local edu7 cational agencies, States, and other public and pri8 vate STEM education stakeholder groups for the 

9 purpose of informing the Federal agencies that sup10 port STEM education programs on the STEM edu11 cation needs of States and school districts, including 

12 the unique needs of schools in rural areas; 

13 (2) soliciting input from all STEM education 

14 stakeholder groups regarding STEM education pro15 grams, including STEM education research pro16 grams, supported by Federal agencies; 

17 (3) providing advice to the Federal agencies, in18 cluding through the interagency committee estab19 lished under section 301, that support STEM edu20 cation programs on how their programs can be bet21 ter aligned with the needs of States and school dis22 tricts as identified in paragraph (1), consistent with 

23 the mission of each agency; 

24 (4) offering guidance to the President on cur25 rent STEM education activities, research findings, 


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1 and best practices, with the purpose of increasing 

2 connectivity between public and private STEM edu3 cation efforts; 

4 (5) providing advice to Federal agencies on how 

5 their STEM technical training and education pro6 grams can be better aligned with the workforce 

7 needs of States and regions; and 

8 (6) facilitating improved coordination between 

9 federally supported STEM education programs and 

10 activities and State level activities, including the ef11 forts of P–16 and P–20 councils in the States. 

12 (d) DEFINITIONS.—For purposes of this section: 

13 (1) P–16.—The term ‘‘P–16’’ refers to a system 

14 of education that encompasses preschool through un15 dergraduate level education. 

16 (2) P–20.—The term ‘‘P–20’’ refers to a system 

17 of education that encompasses preschool through 

18 graduate level education. 

19 SEC. 303. STEM EDUCATION AT THE DEPARTMENT OF EN20 ERGY. 

21 (a) DEFINITIONS.—Section 5002 of the America 

22 COMPETES Act (42 U.S.C. 16531) is amended— 

23 (1) by redesignating paragraphs (2) through 

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


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1 (2) by inserting after paragraph (1) the fol2 lowing new paragraph: 

3 ‘‘(2) ENERGY SYSTEMS SCIENCE AND ENGI4 NEERING.—The term ‘energy systems science and 

5 engineering’ means— 

6 ‘‘(A) nuclear science and engineering, in7 cluding— 

8 ‘‘(i) nuclear engineering; 

9 ‘‘(ii) nuclear chemistry; 

10 ‘‘(iii) radiochemistry; and 

11 ‘‘(iv) health physics; 

12 ‘‘(B) hydrocarbon system science and engi13 neering, including— 

14 ‘‘(i) petroleum or reservoir engineer15 ing; 

16 ‘‘(ii) environmental geoscience; 

17 ‘‘(iii) petrophysics; 

18 ‘‘(iv) geophysics; 

19 ‘‘(v) geochemistry; 

20 ‘‘(vi) petroleum geology; 

21 ‘‘(vii) ocean engineering; 

22 ‘‘(viii) environmental engineering; and 

23 ‘‘(ix) carbon capture and sequestra24 tion science and engineering; 


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1 ‘‘(C) energy efficiency and renewable en2 ergy technology systems science and engineer3 ing, including with respect to— 

4 ‘‘(i) solar technology systems; 

5 ‘‘(ii) wind technology systems; 

6 ‘‘(iii) buildings technology systems; 

7 ‘‘(iv) transportation technology sys8 tems; 

9 ‘‘(v) hydropower systems; 

10 ‘‘(vi) marine and hydrokinetic tech11 nology systems; 

12 ‘‘(vii) geothermal systems; and 

13 ‘‘(viii) biomass technology systems; 

14 and 

15 ‘‘(D) energy storage and distribution sys16 tems science and engineering, including with re17 spect to— 

18 ‘‘(i) energy storage; and 

19 ‘‘(ii) energy delivery.’’. 

20 (b) SCIENCE, TECHNOLOGY, ENGINEERING, AND

21 MATHEMATICS EDUCATION PROGRAMS.—Subpart B of 

22 the Department of Energy Science Education Enhance23 ment Act (42 U.S.C. 7381g et seq.) is amended— 

24 (1) in section 3170— 


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

2 follows: 

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

4 the Director of STEM Education appointed or des5 ignated under section 3171(c)(1).’’; 

6 (B) by redesignating paragraph (2) as 

7 paragraph (3); 

8 (C) by inserting after paragraph (1) the 

9 following new paragraph: 

10 ‘‘(2) ENERGY SYSTEMS SCIENCE AND ENGI11 NEERING.—The term ‘energy systems science and 

12 engineering’ means— 

13 ‘‘(A) nuclear science and engineering, in14 cluding— 

15 ‘‘(i) nuclear engineering; 

16 ‘‘(ii) nuclear chemistry; 

17 ‘‘(iii) radiochemistry; and 

18 ‘‘(iv) health physics; 

19 ‘‘(B) hydrocarbon system science and engi20 neering, including— 

21 ‘‘(i) petroleum or reservoir engineer22 ing; 

23 ‘‘(ii) environmental geoscience; 

24 ‘‘(iii) petrophysics; 

25 ‘‘(iv) geophysics; 


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1 ‘‘(v) geochemistry; 

2 ‘‘(vi) petroleum geology; 

3 ‘‘(vii) ocean engineering; 

4 ‘‘(viii) environmental engineering; and 

5 ‘‘(ix) carbon capture and sequestra6 tion science and engineering; 

7 ‘‘(C) energy efficiency and renewable en8 ergy technology systems science and engineer9 ing, including with respect to— 

10 ‘‘(i) solar technology systems; 

11 ‘‘(ii) wind technology systems; 

12 ‘‘(iii) buildings technology systems; 

13 ‘‘(iv) transportation technology sys14 tems; 

15 ‘‘(v) hydropower systems; 

16 ‘‘(vi) marine and hydrokinetic tech17 nology systems; 

18 ‘‘(vii) geothermal systems; and 

19 ‘‘(viii) biomass technology systems; 

20 and 

21 ‘‘(D) energy storage and distribution sys22 tems science and engineering, including with re23 spect to— 

24 ‘‘(i) energy storage; and 

25 ‘‘(ii) energy delivery.’’; and 


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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 that leverage the De13 partment’s unique content expertise and facilities to con14 tribute to improving STEM education at all levels in the 

15 United States, and to enhance awareness and under16 standing of STEM, including energy sciences, in order to 

17 create a diverse skilled scientific and technical workforce 

18 essential to meeting the challenges facing the Department 

19 and the Nation in the 21st century. 

20 ‘‘(b) PROGRAMS.—The Secretary shall carry out evi21 dence-based programs designed to increase student inter22 est and participation, including by women and underrep23 resented minority students, improve public literacy and 

24 support, and improve the teaching and learning of energy 

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1 ciplines supported by the Department. Programs author2 ized under 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; 


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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 ‘‘(6) competitive grants for institutions of high7 er education (as defined under section 101(a) of the 

8 Higher Education Act of 1965 (20 U.S.C. 

9 1001(a))), including 2-year institutions of higher 

10 education, to establish or expand degree programs or 

11 courses in energy systems science and engineering; 

12 and 

13 ‘‘(7) professional training for energy auditors, 

14 field technicians, and building contractors, in the 

15 areas of building energy retrofits and audits or re16 lated renewable energy technology installations. 

17 ‘‘(c) ORGANIZATION OF STEM EDUCATION PRO18 GRAMS.— 

19 ‘‘(1) DIRECTOR OF STEM EDUCATION.—The 

20 Secretary shall appoint or designate a Director of 

21 STEM Education, who shall have the principal re22 sponsibility to oversee and coordinate all programs 

23 and activities of the Department in support of 

24 STEM education, including energy systems science 


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1 and engineering education, across all functions of 

2 the Department. 

3 ‘‘(2) QUALIFICATIONS.—The Director shall be 

4 an individual, who by reason of professional back5 ground and experience, is specially qualified to ad6 vise the Secretary on all matters pertaining to 

7 STEM education, including energy systems science 

8 and engineering education, at the Department. 

9 ‘‘(3) DUTIES.—The Director shall— 

10 ‘‘(A) oversee and coordinate all programs 

11 in support of STEM education, including en12 ergy systems science and engineering education, 

13 across all functions of the Department; 

14 ‘‘(B) represent the Department as the 

15 principal interagency liaison for all STEM edu16 cation programs, unless otherwise represented 

17 by the Secretary, the Under Secretary for 

18 Science, or the Under Secretary for Energy; 

19 ‘‘(C) prepare the annual budget and advise 

20 the Under Secretary for Science and the Under 

21 Secretary for Energy on all budgetary issues for 

22 STEM education, including energy systems 

23 science and engineering education, relative to 

24 the programs of the Department; 


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1 ‘‘(D) establish, periodically update, and 

2 maintain a publicly accessible online inventory 

3 of STEM education programs and activities, in4 cluding energy systems science and engineering 

5 education programs and activities; 

6 ‘‘(E) develop, implement, and update the 

7 Department of Energy STEM education stra8 tegic plan, as required by subsection (d); 

9 ‘‘(F) increase, to the maximum extent 

10 practicable, the participation and advancement 

11 of women and underrepresented minorities at 

12 every level of STEM education, including en13 ergy systems science and engineering education; 

14 and 

15 ‘‘(G) perform such other matters relating 

16 to STEM education as are required by the Sec17 retary, the Under Secretary for Science, or the 

18 Under Secretary for Energy. 

19 ‘‘(d) DEPARTMENT OF ENERGY STEM EDUCATION

20 STRATEGIC PLAN.—The Director of STEM education ap21 pointed or designated under subsection (c)(1) shall de22 velop, implement, and update once every 3 years a 3-year 

23 STEM education strategic plan for the Department, which 

24 shall— 


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1 ‘‘(1) identify and prioritize annual and long2 term STEM education goals and objectives for the 

3 Department that are aligned with the overall goals 

4 of the National Science and Technology Council 

5 Committee on STEM Education Strategic plan re6 quired under section 301(d)(2) of the STEM Edu7 cation Coordination Act of 2010; 

8 ‘‘(2) describe the role of each program or activ9 ity of the Department in contributing to the goals 

10 and objectives identified under paragraph (1); 

11 ‘‘(3) specify the metrics that will be used to as12 sess progress toward achieving those goals and ob13 jectives; and 

14 ‘‘(4) describe the approaches that will be taken 

15 to assess the effectiveness of each STEM education 

16 program and activity supported by the Department. 

17 ‘‘(e) OUTREACH TO STUDENTS FROM UNDERREP18 RESENTED GROUPS.—In carrying out a program author19 ized under this section, the Secretary shall give consider20 ation to the goal of promoting the participation of individ21 uals identified in section 33 or 34 of the Science and Engi22 neering Equal Opportunities Act (42 U.S.C. 1885a or 

23 1885b). 


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1 ‘‘(f) CONSULTATION AND PARTNERSHIP WITH

2 OTHER AGENCIES.—In carrying out the programs and ac3 tivities authorized under this section, the Secretary shall— 

4 ‘‘(1) consult with the Secretary of Education 

5 and the Director of the National Science Foundation 

6 regarding activities designed to improve elementary 

7 and secondary STEM education; and 

8 ‘‘(2) consult and partner with the Director of 

9 the National Science Foundation in carrying out 

10 programs under this section designed to build capac11 ity in STEM education at the undergraduate and 

12 graduate level, including by supporting excellent pro13 posals in energy systems science and engineering 

14 that are submitted for funding to the Foundation’s 

15 Advanced Technological Education Program.’’; and 

16 (4) in section 3191— 

17 (A) in subsection (a)— 

18 (i) by striking ‘‘web-based’’ and in19 serting ‘‘, through a publicly available 

20 website,’’; and 

21 (ii) by inserting ‘‘and project-based 

22 learning opportunities’’ after ‘‘laboratory 

23 experiments’’; 


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1 (B) in subsection (b)(1), by inserting ‘‘, in2 cluding energy systems science and engineer3 ing’’ after ‘‘the science of energy’’; and 

4 (C) by striking subsection (d). 

5 (c) ENERGY APPLIED SCIENCE TALENT EXPANSION

6 PROGRAM FOR INSTITUTIONS OF HIGHER EDUCATION.— 

7 (1) AMENDMENT.—Strike sections 5004 and 

8 5005 of the America COMPETES Act (42 U.S.C. 

9 16532 and 16533) and insert the following new sec10 tion: 

11 ‘‘SEC. 5004. ENERGY APPLIED SCIENCE TALENT EXPANSION 

12 PROGRAM FOR INSTITUTIONS OF HIGHER 

13 EDUCATION. 

14 ‘‘(a) PURPOSES.—The purposes of this section are— 

15 ‘‘(1) to address the decline in the number of 

16 and resources available to energy systems science 

17 and engineering programs at institutions of higher 

18 education, including community colleges; and 

19 ‘‘(2) to increase the number of graduates with 

20 degrees in energy systems science and engineering, 

21 an area of strategic importance to the economic 

22 competitiveness and energy security of the United 

23 States. 

24 ‘‘(b) ESTABLISHMENT.—The Secretary shall award 

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1 tions of higher education to implement or expand the en2 ergy systems science and engineering educational and 

3 technical training capabilities of the institution, and to 

4 provide merit-based financial support for master’s and 

5 doctoral level students pursuing courses of study and re6 search in energy systems sciences and engineering. 

7 ‘‘(c) USE OF FUNDS.—An institution of higher edu8 cation that receives a grant under this section may use 

9 the grant to— 

10 ‘‘(1) provide traineeships, including stipends 

11 and cost of education allowances, to master’s and 

12 doctoral students; 

13 ‘‘(2) develop or expand multidisciplinary or 

14 interdisciplinary courses or programs; 

15 ‘‘(3) recruit and retain new faculty; 

16 ‘‘(4) develop or improve core and specialized 

17 course content; 

18 ‘‘(5) encourage interdisciplinary and multidisci19 plinary research collaborations; 

20 ‘‘(6) support outreach efforts to recruit stu21 dents, including individuals identified in section 33 

22 or 34 of the Science and Engineering Equal Oppor23 tunities Act (42 U.S.C. 1885a or 1885b); and 

24 ‘‘(7) pursue opportunities for collaboration with 

25 industry and National Laboratories. 


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1 ‘‘(d) CRITERIA.—Criteria for awarding a grant under 

2 this section shall be based on— 

3 ‘‘(1) the potential to attract new students to the 

4 program; 

5 ‘‘(2) academic rigor; and 

6 ‘‘(3) the ability to offer hands-on education and 

7 training opportunities for graduate students in the 

8 emerging areas of energy systems science and engi9 neering. 

10 ‘‘(e) PRIORITY.—The Secretary shall give priority to 

11 proposals that involve active partnerships with a National 

12 Laboratory or other energy systems science and engineer13 ing related entity, as determined by the Secretary. 

14 ‘‘(f) DURATION AND AMOUNT.— 

15 ‘‘(1) DURATION.—A grant under this section 

16 may be for up to 3 years in duration. 

17 ‘‘(2) AMOUNT.—An institution of higher edu18 cation that receives a grant under this section shall 

19 be eligible for up to $1,000,000 for each year of the 

20 grant period. 

21 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 

22 are authorized to be appropriated to the Secretary to carry 

23 out this section— 

24 ‘‘(1) $30,000,000 for fiscal year 2011; 

25 ‘‘(2) $32,000,000 for fiscal year 2012; and 


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1 ‘‘(3) $36,000,000 for fiscal year 2013.’’. 

2 (2) CONFORMING AMENDMENT.—The table of 

3 contents for the America COMPETES Act is 

4 amended by striking the items relating to sections 

5 5004 and 5005 and inserting the following: 

‘‘Sec. 5004. Energy applied science talent expansion program for institutions of 

higher education.’’. 

6 (d) DEPARTMENT OF ENERGY EARLY CAREER

7 AWARDS FOR SCIENCE, ENGINEERING, AND MATHE8 MATICS RESEARCHERS.—Section 5006 of the America 

9 COMPETES Act (42 U.S.C. 16534) is amended— 

10 (1) in subsection (a), by striking ‘‘Director of 

11 the Office’’ and all that follows through ‘‘shall 

12 carry’’ and inserting ‘‘Secretary shall carry’’; 

13 (2) in subsection (b)(1)— 

14 (A) in subparagraph (A), by inserting ‘‘per 

15 year’’ after ‘‘$80,000’’; and 

16 (B) in subparagraph (B), by striking 

17 ‘‘$125,000’’ and inserting ‘‘$175,000 per year’’; 

18 (3) in subsection (c)(1), by striking ‘‘, as deter19 mined by the Director’’; 

20 (4) in subsections (c)(2), (e), (f), and (g), by 

21 striking ‘‘Director’’ each place it appears and insert22 ing ‘‘Secretary’’; 


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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 of 

8 fiscal 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 subsection (c)— 

15 (A) in paragraph (1), by striking ‘‘involv16 ing written and oral interviews, that will result 

17 in a wide distribution of awards throughout the 

18 United States,’’; and 

19 (B) in paragraph (2)(B)(iv), by striking 

20 ‘‘verbal and’’; 

21 (2) in subsection (d)(1)(B)(i), by inserting 

22 ‘‘partial or full’’ before ‘‘graduate tuition’’; and 

23 (3) by striking subsection (f). 


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1 (f) REPEAL.—Section 3164 of the Department of En2 ergy Science Education Enhancement Act (42 U.S.C. 

3 7381a) is repealed. 

4 SEC. 304. GREEN ENERGY EDUCATION. 

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

6 ‘‘Green Energy Education Act of 2010’’. 

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

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

9 the Director of the National Science Foundation. 

10 (2) HIGH PERFORMANCE BUILDING.—The term 

11 ‘‘high performance building’’ has the meaning given 

12 that term in section 914(a) of the Energy Policy Act 

13 of 2005 (42 U.S.C. 16194(a)). 

14 (c) GRADUATE TRAINING IN ENERGY RESEARCH

15 AND DEVELOPMENT.— 

16 (1) FUNDING.—In carrying out research, devel17 opment, demonstration, and commercial application 

18 activities authorized for the Department of Energy, 

19 the Secretary may contribute funds to the National 

20 Science Foundation for the Integrative Graduate 

21 Education and Research Traineeship program to 

22 support projects that enable graduate education re23 lated to such activities. 

24 (2) CONSULTATION.—The Director shall con25 sult with the Secretary when preparing solicitations 


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1 and awarding grants for projects described in para2 graph (1). 

3 (d) CURRICULUM DEVELOPMENT FOR HIGH PER4 FORMANCE BUILDING DESIGN.— 

5 (1) FUNDING.—In carrying out advanced en6 ergy technology research, development, demonstra7 tion, and commercial application activities author8 ized for the Department of Energy related to high 

9 performance buildings, the Secretary may contribute 

10 funds to curriculum development activities at the 

11 National Science Foundation for the purpose of im12 proving undergraduate or graduate interdisciplinary 

13 engineering and architecture education related to the 

14 design and construction of high performance build15 ings, including development of curricula, of labora16 tory activities, of training practicums, or of design 

17 projects. A primary goal of curriculum development 

18 activities supported under this subsection shall be to 

19 improve the ability of engineers, architects, land20 scape architects, and planners to work together on 

21 the incorporation of advanced energy technologies 

22 during the design and construction of high perform23 ance buildings. 

24 (2) CONSULTATION.—The Director shall con25 sult with the Secretary when preparing solicitations 


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1 and awarding grants for projects described in para2 graph (1). 

3 (3) PRIORITY.—In awarding grants with re4 spect to which the Secretary has contributed funds 

5 under this subsection, the Director shall give priority 

6 to applications from departments, programs, or cen7 ters of a school of engineering that are partnered 

8 with schools, departments, or programs of design, 

9 architecture, landscape architecture, and city, re10 gional, or urban planning. 

11 SEC. 305. NATIONAL ACADEMY OF SCIENCES REPORT ON 

12 STRENGTHENING THE CAPACITY OF 2-YEAR 

13 INSTITUTIONS OF HIGHER EDUCATION TO 

14 PROVIDE STEM OPPORTUNITIES. 

15 Not later than 6 months after the date of enactment 

16 of this Act, the Office of Science and Technology Policy 

17 shall enter into a contract with the National Academy of 

18 Sciences to carry out a study evaluating the role of 2-year 

19 institutions of higher education as STEM educators, in20 cluding in the preparation of students for direct entry into 

21 the STEM workforce and in preparation of students for 

22 transition into 4-year STEM degree programs, as well as 

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1 tive STEM educators. At a minimum, the report shall in2 clude— 

3 (1) an evaluation of the current capacity of 2- 

4 year institutions of higher education to be effective 

5 STEM educators, including in the preparation of 

6 students for direct entry into the STEM workforce 

7 and for transition into 4-year STEM degree pro8 grams; 

9 (2) a description of existing challenges to ex10 panding opportunities for 2-year institutions of high11 er education to provide and enhance STEM learning 

12 and provide STEM degrees that prepare students 

13 well for direct entry into the STEM workforce or for 

14 transition into 4-year degree programs; 

15 (3) identification and description of Federal 

16 programs that have successfully strengthened the ca17 pacity of 2-year institutions of higher education to 

18 provide and enhance STEM opportunities; 

19 (4) a recommendation or recommendations re20 garding how Federal agencies should set priorities 

21 for supporting STEM education at 2-year institu22 tions of higher education; 

23 (5) a recommendation or recommendations re24 garding ways Federal agencies can provide increased 

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1 cation to participate across their portfolios of STEM 

2 education and research programs, including— 

3 (A) ways to engage 2-year institution of 

4 higher education faculty and students with re5 search experiences; 

6 (B) strategies for improving the cur7 riculum and teaching of developmental mathe8 matics given that many 2-year institutions of 

9 higher education provide remediation in mathe10 matics and other STEM coursework; and 

11 (C) enhancing the basic scientific labora12 tory infrastructure; and 

13 (6) a recommendation or recommendations re14 garding the need for and appropriateness of new 

15 Federal programs in support of STEM education at 

16 2-year institutions of higher education. 

17 SEC. 306. SENSE OF CONGRESS ON ENGINEERING EDU18 CATION. 

19 It is the Sense of Congress that— 

20 (1) in order to maintain our Nation’s competi21 tiveness, we must improve the quality of STEM edu22 cation in the Nation; 

23 (2) the incorporation of engineering education 

24 at the elementary and secondary levels has the po25 tential to improve student learning and achievement 


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1 in science and mathematics, and to increase the 

2 technological literacy of all students; 

3 (3) formal and informal educational providers, 

4 including K–12 schools, should integrate engineering 

5 design principles into their curriculum; and 

6 (4) exposing elementary and secondary students 

7 to engineering education can expand students’ un8 derstanding of engineering and their awareness of 

9 career opportunities in these fields. 

10 SEC. 307. SENSE OF CONGRESS ON GRANT APPLICATION 

11 CONSIDERATION. 

12 For science, technology, engineering, and mathe13 matics (STEM) education programs or activities author14 ized under this Act or amendments made by this Act, it 

15 is the sense of Congress that when more than 1 applicant 

16 is competing for the same grant and the applications from 

17 each applicant are considered equal in merit by the grant18 awarding authority, the grant-awarding authority shall 

19 give additional consideration to any of the following: 

20 (1) An applicant that has not previously re21 ceived funding. 

22 (2) An applicant that is an institution of higher 

23 education in a rural area. 


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1 SEC. 308. ENCOURAGING FEDERAL SCIENTISTS AND ENGI2 NEERS TO PARTICIPATE IN STEM EDU3 CATION. 

4 Not later than 6 months after the date of enactment 

5 of this Act, the Director of the Office of Science and Tech6 nology Policy, in consultation with the Department of 

7 Education, shall develop a policy to— 

8 (1) increase volunteerism in STEM education 

9 activities by encouraging scientists and engineers 

10 from Federal science agencies conducting non11 military scientific research and development, includ12 ing scientists and engineers of the federally funded 

13 research and development centers supported by 

14 those agencies, to volunteer in STEM education ac15 tivities, and by providing administrative support for 

16 such scientists and engineers to engage in such vol17 unteerism; and 

18 (2) support increased communication and part19 nerships between scientists and engineers from Fed20 eral science agencies conducting nonmilitary sci21 entific research and development, including scientists 

22 and engineers of the federally funded research and 

23 development centers supported by those agencies, 

24 and elementary and secondary schools and teachers 

25 through volunteerism in STEM education activities. 


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1 TITLE IV—NATIONAL INSTITUTE 

2 OF STANDARDS AND TECH3 NOLOGY 

4 SEC. 401. SHORT TITLE. 

5 This title may be cited as the ‘‘National Institute of 

6 Standards and Technology Authorization Act of 2010’’. 

7 SEC. 402. AUTHORIZATION OF APPROPRIATIONS. 

8 (a) FISCAL YEAR 2011.— 

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

10 appropriated to the Secretary of Commerce 

11 $991,100,000 for the National Institute of Stand12 ards and Technology for fiscal year 2011. 

13 (2) SPECIFIC ALLOCATIONS.—Of the amount 

14 authorized under paragraph (1)— 

15 (A) $620,000,000 shall be authorized for 

16 scientific and technical research and services 

17 laboratory activities; 

18 (B) $125,000,000 shall be authorized for 

19 the construction and maintenance of facilities; 

20 and 

21 (C) $246,100,000 shall be authorized for 

22 industrial technology services activities, of 

23 which— 

24 (i) $95,000,000 shall be authorized 

25 for the Technology Innovation Program 


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1 under section 28 of the National Institute 

2 of Standards and Technology Act (15 

3 U.S.C. 278n); 

4 (ii) $141,100,000 shall be authorized 

5 for the Manufacturing Extension Partner6 ship program under sections 25 and 26 of 

7 such Act (15 U.S.C. 278k and 278l); and 

8 (iii) $10,000,000 shall be authorized 

9 for the Malcolm Baldrige National Quality 

10 Award program under section 17 of the 

11 Stevenson-Wydler Technology Innovation 

12 Act of 1980 (15 U.S.C. 3711a). 

13 (b) FISCAL YEAR 2012.— 

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

15 appropriated to the Secretary of Commerce 

16 $992,400,000 for the National Institute of Stand17 ards and Technology for fiscal year 2012. 

18 (2) SPECIFIC ALLOCATIONS.—Of the amount 

19 authorized under paragraph (1)— 

20 (A) $657,200,000 shall be authorized for 

21 scientific and technical research and services 

22 laboratory activities; 

23 (B) $85,000,000 shall be authorized for 

24 the construction and maintenance of facilities; 

25 and 


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1 (C) $250,200,000 shall be authorized for 

2 industrial technology services activities, of 

3 which— 

4 (i) $89,000,000 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) $150,900,000 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) $10,300,000 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 (c) FISCAL YEAR 2013.— 

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

20 appropriated to the Secretary of Commerce 

21 $1,079,809,000 for the National Institute of Stand22 ards and Technology for fiscal year 2013. 

23 (2) SPECIFIC ALLOCATIONS.—Of the amount 

24 authorized under paragraph (1)— 


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1 (A) $696,700,000 shall be authorized for 

2 scientific and technical research and services 

3 laboratory activities; 

4 (B) $122,000,000 shall be authorized for 

5 the construction and maintenance of facilities; 

6 and 

7 (C) $261,109,000 shall be authorized for 

8 industrial technology services activities, of 

9 which— 

10 (i) $89,000,000 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) $161,500,000 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) $10,609,000 shall be authorized 

20 for the Malcolm Baldrige National Quality 

21 Award program under section 17 of the 

22 Stevenson-Wydler Technology Innovation 

23 Act of 1980 (15 U.S.C. 3711a). 


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1 SEC. 403. UNDER SECRETARY OF COMMERCE FOR STAND2 ARDS AND TECHNOLOGY. 

3 (a) ESTABLISHMENT.—Section 4 of the National In4 stitute of Standards and Technology Act is amended to 

5 read as follows: 

6 ‘‘SEC. 4. UNDER SECRETARY OF COMMERCE FOR STAND7 ARDS AND TECHNOLOGY. 

8 ‘‘(a) ESTABLISHMENT.—There shall be in the De9 partment of Commerce an Under Secretary of Commerce 

10 for Standards and Technology (in this section referred to 

11 as the ‘Under Secretary’). 

12 ‘‘(b) APPOINTMENT.—The Under Secretary shall be 

13 appointed by the President by and with the advice and 

14 consent of the Senate. 

15 ‘‘(c) COMPENSATION.—The Under Secretary shall be 

16 compensated at the rate in effect for level III of the Exec17 utive Schedule under section 5314 of title 5, United States 

18 Code. 

19 ‘‘(d) DUTIES.—The Under Secretary shall serve as 

20 the Director of the Institute and shall perform such duties 

21 as required of the Director by the Secretary under this 

22 Act or by law. 

23 ‘‘(e) APPLICABILITY.—The individual serving as the 

24 Director of the Institute on the date of enactment of the 

25 National Institute of Standards and Technology Author26 ization Act of 2010 shall also serve as the Under Secretary 


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1 until such time as a successor is appointed under sub2 section (b).’’. 

3 (b) CONFORMING AMENDMENTS.— 

4 (1) TITLE 5, UNITED STATES CODE.— 

5 (A) LEVEL III.—Section 5314 of title 5, 

6 United States Code, is amended by inserting 

7 before the item ‘‘Associate Attorney General’’ 

8 the following: 

9 ‘‘Under Secretary of Commerce for Standards 

10 and Technology, who also serves as Director of the 

11 National Institute of Standards and Technology.’’. 

12 (B) LEVEL IV.—Section 5315 of title 5, 

13 United States Code, is amended by striking 

14 ‘‘Director, National Institute of Standards and 

15 Technology, Department of Commerce.’’. 

16 (2) NATIONAL INSTITUTE OF STANDARDS AND

17 TECHNOLOGY ACT.—Section 5 of the National Insti18 tute of Standards and Technology Act (15 U.S.C. 

19 274) is amended by striking the first, fifth, and 

20 sixth sentences. 

21 SEC. 404. REORGANIZATION OF NIST LABORATORIES. 

22 (a) ORGANIZATION.—The Director shall reorganize 

23 the scientific and technical research and services labora24 tory program into the following operational units: 


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1 (1) The Physical Measurement Laboratory, 

2 whose mission is to realize and disseminate the na3 tional standards for length, mass, time and fre4 quency, electricity, temperature, force, and radiation 

5 by activities including fundamental research in 

6 measurement science, the provision of measurement 

7 services and standards, and the provision of testing 

8 facilities resources for use by the Federal Govern9 ment. 

10 (2) The Information Technology Laboratory, 

11 whose mission is to develop and disseminate stand12 ards, measurements, and testing capabilities for 

13 interoperability, security, usability, and reliability of 

14 information technologies, including cyber security 

15 standards and guidelines for Federal agencies, 

16 United States industry, and the public, through fun17 damental and applied research in computer science, 

18 mathematics, and statistics. 

19 (3) The Engineering Laboratory, whose mission 

20 is to develop and disseminate advanced manufac21 turing and construction technologies to the United 

22 States manufacturing and construction industries 

23 through activities including measurement science re24 search, performance metrics, tools for engineering 

25 applications, and promotion of standards adoption. 


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1 (4) The Material Measurement Laboratory, 

2 whose mission is to serve as the national reference 

3 laboratory in biological, chemical, and material 

4 sciences and engineering through activities including 

5 fundamental research in the composition, structure, 

6 and properties of biological and environmental mate7 rials and processes, the development of certified ref8 erence materials and critically evaluated data, and 

9 other programs to assure measurement quality in 

10 materials and biotechnology fields. 

11 (5) The Center for Nanoscale Science and 

12 Technology, a national shared-use facility for 

13 nanoscale fabrication and measurement, whose mis14 sion is to develop innovative nanoscale measurement 

15 and fabrication capabilities to support researchers 

16 from industry, institutions of higher education, the 

17 National Institute of Standards and Technology, and 

18 other Federal agencies in nanoscale technology from 

19 discovery to production. 

20 (6) The NIST Center for Neutron Research, a 

21 national user facility, whose mission is to provide 

22 neutron-based measurement capabilities to research23 ers from industry, institutions of higher education, 

24 the National Institute of Standards and Technology, 

25 and other Federal agencies in support of materials 


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1 research, nondestructive evaluation, neutron imag2 ing, chemical analysis, neutron standards, dosimetry, 

3 and radiation metrology. 

4 (b) ADDITIONAL DUTIES.—The Director may assign 

5 additional duties to the operational units listed in sub6 section (a) that are consistent with the missions of such 

7 units. 

8 (c) REVISION.— 

9 (1) IN GENERAL.—Subsequent to the reorga10 nization required under subsection (a), the Director 

11 may revise the organization of the scientific and 

12 technical research and services laboratory program. 

13 (2) REPORT TO CONGRESS.—Any revision to 

14 the organization of such program under paragraph 

15 (1) shall be submitted in a report to the Committee 

16 on Science and Technology of the House of Rep17 resentatives and the Committee on Commerce, 

18 Science, and Transportation of the Senate at least 

19 60 days before the effective date of such revision. 

20 SEC. 405. FEDERAL GOVERNMENT STANDARDS AND CON21 FORMITY ASSESSMENT COORDINATION. 

22 (a) COORDINATION.—Section 2(b) of the National In23 stitute of Standards and Technology Act (15 U.S.C. 

24 272(b)) is amended— 


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1 (1) in paragraph (12), by striking ‘‘and’’ after 

2 the semicolon; 

3 (2) in paragraph (13), by striking the period at 

4 the end and inserting a semicolon; and 

5 (3) by adding after paragraph (13) the fol6 lowing: 

7 ‘‘(14) to promote collaboration among Federal 

8 departments and agencies and private sector stake9 holders in the development and implementation of 

10 standards and conformity assessment frameworks to 

11 address specific Federal Government policy goals; 

12 and 

13 ‘‘(15) to convene Federal departments and 

14 agencies, as appropriate, to— 

15 ‘‘(A) coordinate and determine Federal 

16 Government positions on specific policy issues 

17 related to the development of international tech18 nical standards and conformity assessment-re19 lated activities; and 

20 ‘‘(B) coordinate Federal department and 

21 agency engagement in the development of inter22 national technical standards and conformity as23 sessment-related activities.’’. 

24 (b) REPORT.—The Director, in consultation with ap25 propriate Federal agencies, shall submit a report annually 


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1 to Congress addressing the Federal Government’s tech2 nical standards and conformity assessment-related activi3 ties. The report shall identify— 

4 (1) current and anticipated international stand5 ards and conformity assessment-related issues that 

6 have the potential to impact the competitiveness and 

7 innovation capabilities of the United States; 

8 (2) any action being taken by the Federal Gov9 ernment to address these issues and the Federal 

10 agency taking that action; and 

11 (3) any action that the Director is taking or 

12 will take to ensure effective Federal Government en13 gagement on technical standards and conformity as14 sessment-related issues, as appropriate, where the 

15 Federal Government is not effectively engaged. 

16 SEC. 406. MANUFACTURING EXTENSION PARTNERSHIP. 

17 (a) COMMUNITY COLLEGE SUPPORT.—Section 25(a) 

18 of the National Institute of Standards and Technology Act 

19 (15 U.S.C. 278k(a)) is amended— 

20 (1) in paragraph (4), by striking ‘‘and’’ after 

21 the semicolon; 

22 (2) in paragraph (5), by striking the period at 

23 the end and inserting ‘‘; and’’; and 

24 (3) by adding after paragraph (5) the following: 


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1 ‘‘(6) providing to community colleges informa2 tion about the job skills needed in small- and me3 dium-sized manufacturing businesses in the regions 

4 they serve.’’. 

5 (b) INNOVATIVE SERVICES INITIATIVE.—Section 25 

6 of such Act (15 U.S.C. 278k) is amended by adding at 

7 the end the following: 

8 ‘‘(g) INNOVATIVE SERVICES INITIATIVE.— 

9 ‘‘(1) ESTABLISHMENT.—The Director may es10 tablish, within the Centers program under this sec11 tion, an innovative services initiative to assist small12 and medium-sized manufacturers in— 

13 ‘‘(A) reducing their energy usage and envi14 ronmental waste to improve profitability; and 

15 ‘‘(B) accelerating the domestic commer16 cialization of new product technologies, includ17 ing components for renewable energy systems. 

18 ‘‘(2) MARKET DEMAND.—The Director may not 

19 undertake any activity to accelerate the domestic 

20 commercialization of a new product technology 

21 under this subsection unless an analysis of market 

22 demand for the new product technology has been 

23 conducted.’’. 


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1 (c) REPORTS.—Section 25 of such Act (15 U.S.C. 

2 278k) is further amended by adding after subsection (g), 

3 as added by subsection (b), the following: 

4 ‘‘(h) REPORTS.— 

5 ‘‘(1) IN GENERAL.—In submitting the 3-year 

6 programmatic planning document and annual up7 dates under section 23, the Director shall include an 

8 assessment of the Director’s governance of the pro9 gram established under this section. 

10 ‘‘(2) CRITERIA.—In conducting such assess11 ment, the Director shall use the criteria established 

12 pursuant to the Malcolm Baldrige National Quality 

13 Award under section 17(d)(1)(C) of the Stevenson14 Wydler Technology Innovation Act of 1980 (15 

15 U.S.C. 3711a(d)(1)(C)).’’. 

16 (d) HOLLINGS MANUFACTURING EXTENSION PART17 NERSHIP PROGRAM COST-SHARING.—Section 25(c) of 

18 such Act (15 U.S.C. 278k(c)) is amended by adding at 

19 the end the following: 

20 ‘‘(7) Notwithstanding paragraphs (1), (3), and 

21 (5), for fiscal year 2011 through fiscal year 2013, 

22 the Secretary may not provide to a Center more 

23 than 50 percent of the costs incurred by such Center 

24 and may not require that a Center’s cost share ex25 ceed 50 percent. 


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1 ‘‘(8) Not later than 2 years after the date of 

2 enactment of the National Institute of Standards 

3 and Technology Authorization Act of 2010, the Sec4 retary shall submit to Congress a report on the cost 

5 share requirements under the program. The report 

6 shall— 

7 ‘‘(A) discuss various cost share structures, 

8 including the cost share structure in place prior 

9 to such date of enactment and the cost share 

10 structure in place under paragraph (7), and the 

11 effect of such cost share structures on indi12 vidual Centers and the overall program; and 

13 ‘‘(B) include a recommendation for how 

14 best to structure the cost share requirement 

15 after fiscal year 2013 to provide for the long16 term sustainability of the program.’’. 

17 (e) ADVISORY BOARD.—Section 25(e)(4) of such Act 

18 (15 U.S.C. 278k(e)(4)) is amended to read as follows: 

19 ‘‘(4) FEDERAL ADVISORY COMMITTEE ACT AP20 PLICABILITY.— 

21 ‘‘(A) IN GENERAL.—In discharging its du22 ties under this subsection, the MEP Advisory 

23 Board shall function solely in an advisory ca24 pacity, in accordance with the Federal Advisory 

25 Committee Act. 


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1 ‘‘(B) EXCEPTION.—Section 14 of the Fed2 eral Advisory Committee Act shall not apply to 

3 the MEP Advisory Board.’’. 

4 (f) DEFINITIONS.—Section 25 of such Act (15 U.S.C. 

5 278k) is further amended by adding after subsection (h), 

6 as added by subsection (c), the following: 

7 ‘‘(i) DEFINITION.—In this section, the term ‘commu8 nity college’ means an institution of higher education (as 

9 defined under section 101(a) of the Higher Education Act 

10 of 1965 (20 U.S.C. 1001(a))) at which the highest degree 

11 that is predominately awarded to students is an associate’s 

12 degree.’’. 

13 (g) EVALUATION OF OBSTACLES UNIQUE TO SMALL

14 MANUFACTURERS.—Section 25 of such Act (15 U.S.C. 

15 278k) is further amended by adding after subsection (i), 

16 as added by subsection (f), the following: 

17 ‘‘(j) EVALUATION OF OBSTACLES UNIQUE TO SMALL

18 MANUFACTURERS.—The Director shall— 

19 ‘‘(1) evaluate obstacles that are unique to small 

20 manufacturers that prevent such manufacturers 

21 from effectively competing in the global market; 

22 ‘‘(2) implement a comprehensive plan to train 

23 the Centers to address such obstacles; and 

24 ‘‘(3) facilitate improved communication between 

25 the Centers to assist such manufacturers in impleVerDate Mar 15 2010 03:46 May 19, 2010 Jkt 089200 PO 00000 Frm 00177 Fmt 6652 Sfmt 6201 E:\BILLS\H5325.IH H5325

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1 menting appropriate, targeted solutions to such ob2 stacles.’’. 

3 SEC. 407. EMERGENCY COMMUNICATION AND TRACKING 

4 TECHNOLOGIES RESEARCH INITIATIVE. 

5 (a) ESTABLISHMENT.—The Director shall establish a 

6 research initiative to support the development of emer7 gency communication and tracking technologies for use in 

8 locating trapped individuals in confined spaces, such as 

9 underground mines, and other shielded environments, 

10 such as high-rise buildings or collapsed structures, where 

11 conventional radio communication is limited. 

12 (b) ACTIVITIES.—In order to carry out this section, 

13 the Director shall work with the private sector and appro14 priate Federal agencies to— 

15 (1) perform a needs assessment to identify and 

16 evaluate the measurement, technical standards, and 

17 conformity assessment needs required to improve the 

18 operation and reliability of such emergency commu19 nication and tracking technologies; 

20 (2) support the development of technical stand21 ards and conformance architecture to improve the 

22 operation and reliability of such emergency commu23 nication and tracking technologies; and 


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1 (3) incorporate and build upon existing reports 

2 and studies on improving emergency communica3 tions. 

4 (c) REPORT.—Not later than 18 months after the 

5 date of enactment of this Act, the Director shall submit 

6 to Congress and make publicly available a report describ7 ing the assessment performed under subsection (b)(1) and 

8 making recommendations about research priorities to ad9 dress gaps in the measurement, technical standards, and 

10 conformity assessment needs identified by such assess11 ment. 

12 SEC. 408. TIP ADVISORY BOARD. 

13 Section 28(k)(4) of the National Institute of Stand14 ards and Technology Act (15 U.S.C. 278n(k)(4)) is 

15 amended to read as follows: 

16 ‘‘(4) FEDERAL ADVISORY COMMITTEE ACT AP17 PLICABILITY.— 

18 ‘‘(A) IN GENERAL.—In discharging its du19 ties under this subsection, the TIP Advisory 

20 Board shall function solely in an advisory ca21 pacity, in accordance with the Federal Advisory 

22 Committee Act. 

23 ‘‘(B) EXCEPTION.—Section 14 of the Fed24 eral Advisory Committee Act shall not apply to 

25 the TIP Advisory Board.’’. 


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1 SEC. 409. UNDERREPRESENTED MINORITIES. 

2 (a) RESEARCH FELLOWSHIPS.—Section 18 of the 

3 National Institute of Standards and Technology Act (15 

4 U.S.C. 278g–1) is amended by adding at the end the fol5 lowing: 

6 ‘‘(c) UNDERREPRESENTED MINORITIES.—In evalu7 ating applications for fellowships under this section, the 

8 Director shall give consideration to the goal of promoting 

9 the participation of underrepresented minorities in re10 search areas supported by the Institute.’’. 

11 (b) POSTDOCTORAL FELLOWSHIP PROGRAM.—Sec12 tion 19 of such Act (15 U.S.C. 278g–2) is amended by 

13 adding at the end the following: ‘‘In evaluating applica14 tions for fellowships under this section, the Director shall 

15 give consideration to the goal of promoting the participa16 tion of underrepresented minorities in research areas sup17 ported by the Institute.’’. 

18 (c) TEACHER DEVELOPMENT.—Section 19A(c) of 

19 such Act (15 U.S.C. 278g–2a(c)) is amended by adding 

20 at the end the following: ‘‘The Director shall give special 

21 consideration to an application from a teacher from a 

22 high-need school, as defined in section 200 of the Higher 

23 Education Act of 1965 (20 U.S.C. 1021).’’. 

24 SEC. 410. CYBER SECURITY STANDARDS AND GUIDELINES. 

25 Cyber security standards and guidelines developed by 

26 the National Institute of Standards and Technology for 


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1 use by United States industry and the public shall be vol2 untary. 

3 SEC. 411. DISASTER RESILIENT BUILDINGS AND INFRA4 STRUCTURE. 

5 (a) ESTABLISHMENT.—The Director shall carry out 

6 a disaster resilient buildings and infrastructure program. 

7 (b) REAL-SCALE STRUCTURES.—As part of the pro8 gram, the Director shall— 

9 (1) develop the capability to test real-scale 

10 structures under realistic fire and structural loading 

11 conditions; and 

12 (2) assist in the validation of predictive models 

13 by developing a database on the performance of 

14 large-scale structures under realistic fire and struc15 tural loading conditions. 

16 (c) DATABASE.—As part of the program, the Direc17 tor shall develop a database on the performance of the 

18 built environment during natural and man-made hazard 

19 events. 

20 SEC. 412. DEFINITIONS. 

21 In this title: 

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

23 the Director of the National Institute of Standards 

24 and Technology. 


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1 (2) FEDERAL AGENCY.—The term ‘‘Federal 

2 agency’’ has the meaning given such term in section 

3 4 of the Stevenson-Wydler Technology Innovation 

4 Act of 1980 (15 U.S.C. 3703). 

5 SEC. 413. REPORT ON THE USE OF MODELING AND SIMULA6 TION. 

7 (a) IN GENERAL.—Within 1 year after the date of 

8 enactment of this Act, the Director shall submit a report 

9 to Congress examining the use of high-performance com10 putational modeling and simulation by small- and me11 dium-sized manufacturers. 

12 (b) SPECIFIC REQUIREMENTS.—Such report shall in13 clude the following: 

14 (1) An assessment of the current utilization of 

15 high-performance computational modeling and sim16 ulation by small- and medium-sized manufacturers. 

17 (2) An examination of any barriers or chal18 lenges to the use of high-performance computational 

19 modeling and simulation by small- and medium-sized 

20 manufacturers, including— 

21 (A) access to high-performance computing 

22 facilities and resources; 

23 (B) the availability of software and other 

24 applications tailored to meet the needs of such 

25 manufacturers; 


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1 (C) appropriate expertise and training; and 

2 (D) the availability of tools and other 

3 methods to understand and manage the costs 

4 and risks associated with transitioning to the 

5 use of computational modeling and simulation. 

6 (3) Recommendations for addressing any bar7 riers or challenges identified in paragraph (2) and, 

8 if appropriate, suggestions for action that the Fed9 eral Government may take to foster the development 

10 and utilization of high-performance computing re11 sources by small- and medium-sized manufacturers. 

12 (c) CONSULTATION.—In carrying out this section, the 

13 Director shall consult with the Office of Science and Tech14 nology Policy and with other relevant Federal agencies. 

15 SEC. 414. GREEN MANUFACTURING AND CONSTRUCTION. 

16 The Director shall carry out a green manufacturing 

17 and construction initiative to— 

18 (1) develop accurate sustainability metrics and 

19 practices for use in manufacturing; 

20 (2) advance the development of standards and 

21 the creation of an information infrastructure to com22 municate sustainability information about suppliers; 

23 and 


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1 (3) improve energy performance, service life, 

2 and indoor air quality of new and retrofitted build3 ings through validated measurement data. 

4 SEC. 415. NANOMATERIAL INITIATIVE. 

5 The Director shall carry out a nanomaterial research 

6 initiative to— 

7 (1) develop reference materials for nanomate8 rials and derived products to be used in 

9 benchmarking toxicity, calibrating instruments, and 

10 facilitating laboratory comparisons; 

11 (2) assist in the development of international 

12 documentary standards relating to nanomaterials; 

13 (3) develop instruments and measurement 

14 methods to determine the physical and chemical 

15 properties of nanomaterials; and 

16 (4) gather and develop data to support the cor17 relation of physical and chemical properties of nano18 materials to any environmental, safety, or other 

19 risks. 

20 SEC. 416. MANUFACTURING RESEARCH. 

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

22 program to support transformational manufacturing re23 search. 

24 (b) ACTIVITIES.—As part of such program, the Di25 rector shall— 


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1 (1) develop and disseminate measurement tools 

2 and capabilities for new additive manufacturing and 

3 robotics technologies and methods; 

4 (2) establish new techniques and methods to ef5 ficiently generate and assemble products integrating 

6 nanoscale materials and devices; and 

7 (3) carry out other research with significant 

8 transformational potential for manufacturing. 

9 TITLE V—INNOVATION 

10 SEC. 501. OFFICE OF INNOVATION AND ENTREPRENEUR11 SHIP. 

12 The Stevenson-Wydler Technology Innovation Act of 

13 1980 (15 U.S.C. 3701 et seq.) is amended by adding at 

14 the end the following new section: 

15 ‘‘SEC. 24. OFFICE OF INNOVATION AND ENTREPRENEUR16 SHIP. 

17 ‘‘(a) IN GENERAL.—The Secretary shall establish an 

18 Office of Innovation and Entrepreneurship to foster inno19 vation and the commercialization of new technologies, 

20 products, processes, and services with the goal of pro21 moting productivity and economic growth in the United 

22 States. 

23 ‘‘(b) DUTIES.—The Office of Innovation and Entre24 preneurship shall be responsible for— 


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1 ‘‘(1) developing policies to accelerate innovation 

2 and advance the commercialization of research and 

3 development, including federally funded research and 

4 development; 

5 ‘‘(2) identifying existing barriers to innovation 

6 and commercialization, including access to capital 

7 and other resources, and ways to overcome those 

8 barriers; 

9 ‘‘(3) providing access to relevant data, research, 

10 and technical assistance on innovation and commer11 cialization; 

12 ‘‘(4) strengthening collaboration on and coordi13 nation of policies relating to innovation and commer14 cialization, including those focused on the needs of 

15 small businesses and rural communities, within the 

16 Department of Commerce and between the Depart17 ment of Commerce and other Federal agencies, as 

18 appropriate; and 

19 ‘‘(5) any other duties as determined by the Sec20 retary. 

21 ‘‘(c) ADVISORY COMMITTEE.—The Secretary shall es22 tablish an Advisory Council on Innovation and Entrepre23 neurship to provide advice to the Secretary on carrying 

24 out subsection (b).’’. 


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1 SEC. 502. FEDERAL LOAN GUARANTEES FOR INNOVATIVE 

2 TECHNOLOGIES IN MANUFACTURING. 

3 The Stevenson-Wydler Technology Innovation Act of 

4 1980 (15 U.S.C. 3701 et seq.) is further amended by add5 ing after section 24, as added by section 501 of this title, 

6 the following new section: 

7 ‘‘SEC. 25. FEDERAL LOAN GUARANTEES FOR INNOVATIVE 

8 TECHNOLOGIES IN MANUFACTURING. 

9 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab10 lish a program to provide loan guarantees for obligations 

11 to small- or medium-sized manufacturers for the use or 

12 production of innovative technologies. 

13 ‘‘(b) ELIGIBLE PROJECTS.—A loan guarantee may be 

14 made under such program only for a project that reequips, 

15 expands, or establishes a manufacturing facility in the 

16 United States to— 

17 ‘‘(1) use an innovative technology or an innova18 tive process in manufacturing; or 

19 ‘‘(2) manufacture an innovative technology 

20 product or an integral component of such product. 

21 ‘‘(c) ELIGIBLE BORROWER.—A loan guarantee may 

22 be made under such program only for a borrower who is 

23 a small- or medium-sized manufacturer, as determined by 

24 the Secretary under the criteria established pursuant to 

25 subsection (m). 


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1 ‘‘(d) LIMITATION ON AMOUNT.—A loan guarantee 

2 shall not exceed an amount equal to 80 percent of the obli3 gation, as estimated at the time at which the loan guar4 antee is issued. 

5 ‘‘(e) LIMITATIONS ON LOAN GUARANTEE.—No loan 

6 guarantee shall be made unless the Secretary determines 

7 that— 

8 ‘‘(1) there is a reasonable prospect of repay9 ment of the principal and interest on the obligation 

10 by the borrower; 

11 ‘‘(2) the amount of the obligation (when com12 bined with amounts available to the borrower from 

13 other sources) is sufficient to carry out the project; 

14 ‘‘(3) the obligation is not subordinate to other 

15 financing; 

16 ‘‘(4) the obligation bears interest at a rate that 

17 does not exceed a level that the Secretary determines 

18 appropriate, taking into account the prevailing rate 

19 of interest in the private sector for similar loans and 

20 risks; and 

21 ‘‘(5) the term of an obligation requires full re22 payment over a period not to exceed the lesser of— 

23 ‘‘(A) 30 years; or 


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1 ‘‘(B) 90 percent of the projected useful 

2 life, as determined by the Secretary, of the 

3 physical asset to be financed by the obligation. 

4 ‘‘(f) DEFAULTS.— 

5 ‘‘(1) PAYMENT BY SECRETARY.— 

6 ‘‘(A) IN GENERAL.—If a borrower defaults 

7 (as defined in regulations promulgated by the 

8 Secretary and specified in the loan guarantee) 

9 on the obligation, the holder of the loan guar10 antee shall have the right to demand payment 

11 of the unpaid amount from the Secretary. 

12 ‘‘(B) PAYMENT REQUIRED.—Within such 

13 period as may be specified in the loan guar14 antee or related agreements, the Secretary shall 

15 pay to the holder of the loan guarantee the un16 paid interest on and unpaid principal of the ob17 ligation as to which the borrower has defaulted, 

18 unless the Secretary finds that there was no de19 fault by the borrower in the payment of interest 

20 or principal or that the default has been rem21 edied. 

22 ‘‘(C) FORBEARANCE.—Nothing in this sub23 section precludes any forbearance by the holder 

24 of the obligation for the benefit of the borrower 


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1 which may be agreed upon by the parties to the 

2 obligation and approved by the Secretary. 

3 ‘‘(2) SUBROGATION.— 

4 ‘‘(A) IN GENERAL.—If the Secretary 

5 makes a payment under paragraph (1), the Sec6 retary shall be subrogated to the rights, as 

7 specified in the loan guarantee, of the recipient 

8 of the payment or related agreements including, 

9 if appropriate, the authority (notwithstanding 

10 any other provision of law) to— 

11 ‘‘(i) complete, maintain, operate, 

12 lease, or otherwise dispose of any property 

13 acquired pursuant to such loan guarantee 

14 or related agreement; or 

15 ‘‘(ii) permit the borrower, pursuant to 

16 an agreement with the Secretary, to con17 tinue to pursue the purposes of the project 

18 if the Secretary determines that such an 

19 agreement is in the public interest. 

20 ‘‘(B) SUPERIORITY OF RIGHTS.—The 

21 rights of the Secretary, with respect to any 

22 property acquired pursuant to a loan guarantee 

23 or related agreements, shall be superior to the 

24 rights of any other person with respect to the 

25 property. 


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1 ‘‘(3) NOTIFICATION.—If the borrower defaults 

2 on an obligation, the Secretary shall notify the At3 torney General of the default. 

4 ‘‘(g) PAYMENT OF PRINCIPAL AND INTEREST BY

5 SECRETARY.—With respect to any obligation guaranteed 

6 under this section, the Secretary may enter into a contract 

7 to pay, and pay, holders of the obligation for and on behalf 

8 of the borrower from funds appropriated for that purpose 

9 the principal and interest payments that become due and 

10 payable on the unpaid balance of the obligation if the Sec11 retary finds that— 

12 ‘‘(1)(A) the borrower is unable to make the 

13 payments and is not in default; 

14 ‘‘(B) it is in the public interest to permit the 

15 borrower to continue to pursue the project; and 

16 ‘‘(C) the probable net benefit to the Federal 

17 Government in paying the principal and interest will 

18 be greater than that which would result in the event 

19 of a default; 

20 ‘‘(2) the amount of the payment that the Sec21 retary is authorized to pay shall be no greater than 

22 the amount of principal and interest that the bor23 rower is obligated to pay under the obligation being 

24 guaranteed; and 


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1 ‘‘(3) the borrower agrees to reimburse the Sec2 retary for the payment (including interest) on terms 

3 and conditions that are satisfactory to the Secretary. 

4 ‘‘(h) TERMS AND CONDITIONS.—A loan guarantee 

5 under this section shall include such detailed terms and 

6 conditions as the Secretary determines appropriate to— 

7 ‘‘(1) protect the interests of the United States 

8 in the case of default; and 

9 ‘‘(2) have available all the patents and tech10 nology necessary for any person selected, including 

11 the Secretary, to complete and operate the project. 

12 ‘‘(i) CONSULTATION.—In establishing the terms and 

13 conditions of a loan guarantee under this section, the Sec14 retary shall consult with the Secretary of the Treasury. 

15 ‘‘(j) FEES.— 

16 ‘‘(1) IN GENERAL.—The Secretary shall charge 

17 and collect fees for loan guarantees in amounts the 

18 Secretary determines are sufficient to cover applica19 ble administrative expenses. 

20 ‘‘(2) AVAILABILITY.—Fees collected under this 

21 subsection shall— 

22 ‘‘(A) be deposited by the Secretary into the 

23 Treasury of the United States; and 


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1 ‘‘(B) remain available until expended, sub2 ject to such other conditions as are contained in 

3 annual appropriations Acts. 

4 ‘‘(3) LIMITATION.—In charging and collecting 

5 fees under paragraph (1), the Secretary shall take 

6 into consideration the amount of the obligation. 

7 ‘‘(k) RECORDS.— 

8 ‘‘(1) IN GENERAL.—With respect to a loan 

9 guarantee under this section, the borrower, the lend10 er, and any other appropriate party shall keep such 

11 records and other pertinent documents as the Sec12 retary shall prescribe by regulation, including such 

13 records as the Secretary may require to facilitate an 

14 effective audit. 

15 ‘‘(2) ACCESS.—The Secretary and the Comp16 troller General of the United States, or their duly 

17 authorized representatives, shall have access to 

18 records and other pertinent documents for the pur19 pose of conducting an audit. 

20 ‘‘(l) FULL FAITH AND CREDIT.—The full faith and 

21 credit of the United States is pledged to the payment of 

22 all loan guarantees issued under this section with respect 

23 to principal and interest. 


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1 ‘‘(m) REGULATIONS.—The Secretary shall issue final 

2 regulations before making any loan guarantees under the 

3 program. Such regulations shall include— 

4 ‘‘(1) criteria that the Secretary shall use to de5 termine eligibility for loan guarantees under this sec6 tion, including— 

7 ‘‘(A) whether a borrower is a small- or me8 dium-sized manufacturer; and 

9 ‘‘(B) whether a borrower demonstrates 

10 that a market exists for the innovative tech11 nology product, or the integral component of 

12 such product, to be manufactured, as evidenced 

13 by written statements of interest from potential 

14 purchasers; 

15 ‘‘(2) criteria that the Secretary shall use to de16 termine the amount of any fees charged under sub17 section (j), including criteria related to the amount 

18 of the obligation; 

19 ‘‘(3) policies and procedures for selecting and 

20 monitoring lenders and loan performance; and 

21 ‘‘(4) any other policies, procedures, or informa22 tion necessary to implement this section. 

23 ‘‘(n) AUDIT.— 

24 ‘‘(1) ANNUAL INDEPENDENT AUDITS.—The 

25 Secretary shall enter into an arrangement with an 


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1 independent auditor for annual evaluations of the 

2 program under this section. 

3 ‘‘(2) COMPTROLLER GENERAL REVIEW.—The 

4 Comptroller General shall conduct a biennial review 

5 of the Secretary’s execution of the program under 

6 this section. 

7 ‘‘(3) REPORT.—The results of the independent 

8 audit under paragraph (1) and the Comptroller Gen9 eral’s review under paragraph (2) shall be provided 

10 directly to the Committee on Science and Tech11 nology of the House of Representatives and the 

12 Committee on Commerce, Science, and Transpor13 tation of the Senate. 

14 ‘‘(o) REPORT TO CONGRESS.—Concurrent with the 

15 submission to Congress of the President’s annual budget 

16 request in each year after the date of enactment of this 

17 section, the Secretary shall transmit to the Committee on 

18 Science and Technology of the House of Representatives 

19 and the Committee on Commerce, Science, and Transpor20 tation of the Senate a report containing a summary of 

21 all activities carried out under this section. 

22 ‘‘(p) COORDINATION AND NONDUPLICATION.—To 

23 the maximum extent practicable, the Secretary shall en24 sure that the activities carried out under this section are 


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1 coordinated with, and do not duplicate the efforts of, other 

2 loan guarantee programs within the Federal Government. 

3 ‘‘(q) MEP CENTERS.—The Secretary may use cen4 ters established under section 25 of the National Institute 

5 of Standards and Technology Act (15 U.S.C. 278k) to 

6 provide information about the program established under 

7 this section and to conduct outreach to potential bor8 rowers, as appropriate. 

9 ‘‘(r) MINIMIZING RISK.—The Secretary shall promul10 gate regulations and policies to carry out this section in 

11 accordance with Office of Management and Budget Cir12 cular No. A–129, entitled ‘Policies for Federal Credit Pro13 grams and Non-Tax Receivables’, as in effect on the date 

14 of enactment of this section. 

15 ‘‘(s) SENSE OF CONGRESS.—It is the sense of Con16 gress that no loan guarantee shall be made under this sec17 tion unless the borrower agrees to use a federally-approved 

18 electronic employment eligibility verification system to 

19 verify the employment eligibility of— 

20 ‘‘(1) all persons hired during the contract term 

21 by the borrower to perform employment duties with22 in the United States; and 

23 ‘‘(2) all persons assigned by the borrower to 

24 perform work within the United States on the 

25 project. 


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1 ‘‘(t) DEFINITIONS.—In this section: 

2 ‘‘(1) COST.—The term ‘cost’ has the meaning 

3 given such term under section 502 of the Federal 

4 Credit Reform Act of 1990 (2 U.S.C. 661a). 

5 ‘‘(2) INNOVATIVE PROCESS.—The term ‘innova6 tive process’ means a process that is significantly 

7 improved as compared to the process in general use 

8 in the commercial marketplace in the United States 

9 at the time the loan guarantee is issued. 

10 ‘‘(3) INNOVATIVE TECHNOLOGY.—The term ‘in11 novative technology’ means a technology that is sig12 nificantly improved as compared to the technology in 

13 general use in the commercial marketplace in the 

14 United States at the time the loan guarantee is 

15 issued. 

16 ‘‘(4) LOAN GUARANTEE.—The term ‘loan guar17 antee’ has the meaning given such term in section 

18 502 of the Federal Credit Reform Act of 1990 (2 

19 U.S.C. 661a). The term includes a loan guarantee 

20 commitment (as defined in section 502 of such Act 

21 (2 U.S.C. 661a)). 

22 ‘‘(5) OBLIGATION.—The term ‘obligation’ 

23 means the loan or other debt obligation that is guar24 anteed under this section. 


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1 ‘‘(6) PROGRAM.—The term ‘program’ means 

2 the loan guarantee program established in sub3 section (a). 

4 ‘‘(u) AUTHORIZATION OF APPROPRIATIONS.— 

5 ‘‘(1) COST OF LOAN GUARANTEES.—There are 

6 authorized to be appropriated $100,000,000 for each 

7 of fiscal years 2011 through 2013 to provide the 

8 cost of loan guarantees under this section. 

9 ‘‘(2) PRINCIPAL AND INTEREST.—There are au10 thorized to be appropriated such sums as are nec11 essary to carry out subsection (g).’’. 

12 SEC. 503. REGIONAL INNOVATION PROGRAM. 

13 The Stevenson-Wydler Technology Innovation Act of 

14 1980 (15 U.S.C. 3701 et seq.) is further amended by add15 ing after section 25, as added by section 502 of this title, 

16 the following new section: 

17 ‘‘SEC. 26. REGIONAL INNOVATION PROGRAM. 

18 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab19 lish a regional innovation program to encourage and sup20 port the development of regional innovation strategies, in21 cluding regional innovation clusters. 

22 ‘‘(b) REGIONAL INNOVATION CLUSTER GRANTS.— 

23 ‘‘(1) IN GENERAL.—As part of the program es24 tablished under subsection (a), the Secretary may 

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1 cipients for activities relating to the formation and 

2 development of regional innovation clusters. 

3 ‘‘(2) PERMISSIBLE ACTIVITIES.—Grants award4 ed under this subsection may be used for activities 

5 determined appropriate by the Secretary, including 

6 the following: 

7 ‘‘(A) Feasibility studies. 

8 ‘‘(B) Planning activities. 

9 ‘‘(C) Technical assistance. 

10 ‘‘(D) Developing or strengthening commu11 nication and collaboration between and among 

12 participants of a regional innovation cluster. 

13 ‘‘(E) Attracting additional participants to 

14 a regional innovation cluster. 

15 ‘‘(F) Facilitating market development of 

16 products and services developed by a regional 

17 innovation cluster, including through dem18 onstration, deployment, technology transfer, 

19 and commercialization activities. 

20 ‘‘(G) Developing relationships between a 

21 regional innovation cluster and entities or clus22 ters in other regions. 

23 ‘‘(H) Interacting with the public and State 

24 and local governments to meet the goals of the 

25 cluster. 


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1 ‘‘(3) ELIGIBLE RECIPIENT.—For purposes of 

2 this subsection, the term ‘eligible recipient’ means 

3 any of the following: 

4 ‘‘(A) A State. 

5 ‘‘(B) An Indian tribe. 

6 ‘‘(C) A city or other political subdivision of 

7 a State. 

8 ‘‘(D) An entity that— 

9 ‘‘(i) is a nonprofit organization, an in10 stitution of higher education, a public-pri11 vate partnership, a science park, a Federal 

12 laboratory, or an economic development or13 ganization or similar entity; and 

14 ‘‘(ii) has an application that is sup15 ported by a State or a political subdivision 

16 of a State. 

17 ‘‘(E) A consortium of any of the entities 

18 listed in subparagraphs (A) through (D). 

19 ‘‘(4) APPLICATION.— 

20 ‘‘(A) IN GENERAL.—An eligible recipient 

21 shall submit an application to the Secretary at 

22 such time, in such manner, and containing such 

23 information and assurances as the Secretary 

24 may require. 


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1 ‘‘(B) COMPONENTS.—The application shall 

2 include, at a minimum, a description of the re3 gional innovation cluster supported by the pro4 posed activity, including a description of the fol5 lowing: 

6 ‘‘(i) Whether the regional innovation 

7 cluster is supported by the private sector, 

8 State and local governments, and other rel9 evant stakeholders. 

10 ‘‘(ii) How the existing participants in 

11 the regional innovation cluster will encour12 age and solicit participation by all types of 

13 entities that might benefit from participa14 tion, including newly formed entities and 

15 those rival to existing participants. 

16 ‘‘(iii) The extent to which the regional 

17 innovation cluster is likely to stimulate in18 novation and have a positive impact on re19 gional economic growth and development. 

20 ‘‘(iv) Whether the participants in the 

21 regional innovation cluster have access to, 

22 or contribute to, a well-trained workforce. 

23 ‘‘(v) Whether the participants in the 

24 regional innovation cluster are capable of 


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1 attracting additional funds from non-Fed2 eral sources. 

3 ‘‘(vi) The likelihood that the partici4 pants in the regional innovation cluster will 

5 be able to sustain activities once grant 

6 funds under this subsection have been ex7 pended. 

8 ‘‘(5) SPECIAL CONSIDERATION.—The Secretary 

9 shall give special consideration to— 

10 ‘‘(A) applications from regions that contain 

11 communities negatively impacted by trade; and 

12 ‘‘(B) an eligible recipient who agrees to 

13 collaborate with local workforce investment area 

14 boards. 

15 ‘‘(6) COST SHARE.—The Secretary may not 

16 provide more than 50 percent of the total cost of 

17 any activity funded under this subsection. 

18 ‘‘(7) USE AND APPLICATION OF RESEARCH AND

19 INFORMATION PROGRAM.—To the maximum extent 

20 practicable, the Secretary shall ensure that activities 

21 funded under this subsection use and apply any rel22 evant research, best practices, and metrics developed 

23 under the program established in subsection (c). 

24 ‘‘(c) REGIONAL INNOVATION RESEARCH AND INFOR25 MATION PROGRAM.— 


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1 ‘‘(1) IN GENERAL.—As part of the program es2 tablished under subsection (a), the Secretary shall 

3 establish a regional innovation research and infor4 mation program to— 

5 ‘‘(A) gather, analyze, and disseminate in6 formation on best practices for regional innova7 tion strategies (including regional innovation 

8 clusters), including information relating to how 

9 innovation, productivity, and economic develop10 ment can be maximized through such strategies; 

11 ‘‘(B) provide technical assistance, including 

12 through the development of technical assistance 

13 guides, for the development and implementation 

14 of regional innovation strategies (including re15 gional innovation clusters); 

16 ‘‘(C) support the development of relevant 

17 metrics and measurement standards to evaluate 

18 regional innovation strategies (including re19 gional innovation clusters), including the extent 

20 to which such strategies stimulate innovation, 

21 productivity, and economic development; and 

22 ‘‘(D) collect and make available data on re23 gional innovation cluster activity in the United 

24 States, including data on— 


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1 ‘‘(i) the size, specialization, and com2 petitiveness of regional innovation clusters; 

3 ‘‘(ii) the regional domestic product 

4 contribution, total jobs and earnings by 

5 key occupations, establishment size, nature 

6 of specialization, patents, Federal research 

7 and development spending, and other rel8 evant information for regional innovation 

9 clusters; and 

10 ‘‘(iii) supply chain product and service 

11 flows within and between regional innova12 tion clusters. 

13 ‘‘(2) RESEARCH GRANTS.—The Secretary may 

14 award research grants on a competitive basis to sup15 port and further the goals of the program estab16 lished under this subsection. 

17 ‘‘(3) DISSEMINATION OF INFORMATION.—Data 

18 and analysis compiled by the Secretary under the 

19 program established in this subsection shall be made 

20 available to other Federal agencies, State and local 

21 governments, and nonprofit and for-profit entities. 

22 ‘‘(4) CLUSTER GRANT PROGRAM.—The Sec23 retary shall incorporate data and analysis relating to 

24 any regional innovation cluster supported by a grant 


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1 under subsection (b) into the program established 

2 under this subsection. 

3 ‘‘(d) INTERAGENCY COORDINATION.— 

4 ‘‘(1) IN GENERAL.—To the maximum extent 

5 practicable, the Secretary shall ensure that the ac6 tivities carried out under this section are coordinated 

7 with, and do not duplicate the efforts of, other pro8 grams at the Department of Commerce or other 

9 Federal agencies. 

10 ‘‘(2) COLLABORATION.— 

11 ‘‘(A) IN GENERAL.—The Secretary shall 

12 explore and pursue collaboration with other 

13 Federal agencies, including through multi14 agency funding opportunities, on regional inno15 vation strategies. 

16 ‘‘(B) SMALL BUSINESSES.—The Secretary 

17 shall ensure that such collaboration with Fed18 eral agencies prioritizes the needs and chal19 lenges of small businesses. 

20 ‘‘(e) EVALUATION.— 

21 ‘‘(1) IN GENERAL.—Not later than 4 years 

22 after the date of enactment of this section, the Sec23 retary shall enter into a contract with an inde24 pendent entity, such as the National Academy of 


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1 Sciences, to conduct an evaluation of the program 

2 established under subsection (a). 

3 ‘‘(2) REQUIREMENTS.—The evaluation shall in4 clude— 

5 ‘‘(A) whether such program is achieving its 

6 goals; 

7 ‘‘(B) any recommendations for how such 

8 program may be improved; and 

9 ‘‘(C) a recommendation as to whether such 

10 program should be continued or terminated. 

11 ‘‘(f) DEFINITIONS.—In this section: 

12 ‘‘(1) REGIONAL INNOVATION CLUSTER.—The 

13 term ‘regional innovation cluster’ means a geo14 graphically bounded network of similar, synergistic, 

15 or complementary entities that— 

16 ‘‘(A) are engaged in or with a particular 

17 industry sector; 

18 ‘‘(B) have active channels for business 

19 transactions and communication; 

20 ‘‘(C) share specialized infrastructure, labor 

21 markets, and services; and 

22 ‘‘(D) leverage the region’s unique competi23 tive strengths to stimulate innovation and cre24 ate jobs. 


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1 ‘‘(2) STATE.—The term ‘State’ means one of 

2 the several States, the District of Columbia, the 

3 Commonwealth of Puerto Rico, the Virgin Islands, 

4 Guam, American Samoa, the Commonwealth of the 

5 Northern Mariana Islands, or any other territory or 

6 possession of the United States. 

7 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 

8 are authorized to be appropriated such sums as are nec9 essary for each of fiscal years 2011 through 2013 to carry 

10 out this section, including such sums as are necessary to 

11 carry out the evaluation required under subsection (e).’’. 

12 SEC. 504. CLEAN ENERGY CONSORTIUM. 

13 (a) PURPOSE.—The Secretary shall carry out a pro14 gram to establish a Clean Energy Consortium to enhance 

15 the Nation’s economic, environmental, and energy security 

16 by promoting commercial application of clean energy tech17 nology and ensuring that the United States maintains a 

18 technological lead in the development and commercial ap19 plication of state-of-the-art energy technologies. To 

20 achieve these purposes the program shall leverage the ex21 pertise and resources of the university and private re22 search communities, industry, venture capital, national 

23 laboratories, and other participants in energy innovation 

24 to support collaborative, cross-disciplinary research and 

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1 tor in order to develop and accelerate the commercial ap2 plication of innovative clean energy technologies. 

3 (b) DEFINITIONS.—For purposes of this section: 

4 (1) CLEAN ENERGY TECHNOLOGY.—The term 

5 ‘‘clean energy technology’’ means a technology 

6 that— 

7 (A) produces energy from solar, wind, geo8 thermal, biomass, tidal, wave, ocean, and other 

9 renewable energy resources (as such term is de10 fined in section 610 of the Public Utility Regu11 latory Policies Act of 1978); 

12 (B) more efficiently transmits, distributes, 

13 or stores energy; 

14 (C) enhances energy efficiency for build15 ings and industry, including combined heat and 

16 power; 

17 (D) enables the development of a Smart 

18 Grid (as described in section 1301 of the En19 ergy Independence and Security Act of 2007 

20 (42 U.S.C. 17381)), including integration of re21 newable energy resources and distributed gen22 eration, demand response, demand side man23 agement, and systems analysis; 


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1 (E) produces an advanced or sustainable 

2 material with energy or energy efficiency appli3 cations; or 

4 (F) improves energy efficiency for trans5 portation, including electric vehicles. 

6 (2) CLUSTER.—The term ‘‘cluster’’ means a 

7 network of entities directly involved in the research, 

8 development, finance, and commercial application of 

9 clean energy technologies whose geographic prox10 imity facilitates utilization and sharing of skilled 

11 human resources, infrastructure, research facilities, 

12 educational and training institutions, venture cap13 ital, and input suppliers. 

14 (3) CONSORTIUM.—The term ‘‘Consortium’’ 

15 means a Clean Energy Consortium established in ac16 cordance with this section. 

17 (4) PROJECT.—The term ‘‘project’’ means an 

18 activity with respect to which a Consortium provides 

19 support under subsection (e). 

20 (5) QUALIFYING ENTITY.—The term ‘‘quali21 fying entity’’ means each of the following: 

22 (A) A research university. 

23 (B) A State or Federal institution with a 

24 focus on the advancement of clean energy tech25 nologies. 


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1 (C) A nongovernmental organization with 

2 research or technology transfer expertise in 

3 clean energy technology development. 

4 (6) SECRETARY.—The term ‘‘Secretary’’ means 

5 the Secretary of Energy. 

6 (7) TECHNOLOGY DEVELOPMENT FOCUS.—The 

7 term ‘‘technology development focus’’ means the 

8 unique clean energy technology or technologies in 

9 which a Consortium specializes. 

10 (8) TRANSLATIONAL RESEARCH.—The term 

11 ‘‘translational research’’ means coordination of basic 

12 or applied research with technical applications to en13 able promising discoveries or inventions to achieve 

14 commercial application of energy technology. 

15 (c) ROLE OF THE SECRETARY.—The Secretary 

16 shall— 

17 (1) have ultimate responsibility for, and over18 sight of, all aspects of the program under this sec19 tion; 

20 (2) select a recipient of a grant for the estab21 lishment and operation of a Consortium through a 

22 competitive selection process; 

23 (3) coordinate the innovation activities of the 

24 Consortium with those occurring through other De25 partment of Energy entities, including the National 


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1 Laboratories, the Advanced Research Projects Agen2 cy—Energy, Energy Innovation Hubs, and Energy 

3 Frontier Research Collaborations, and within indus4 try, including by annually— 

5 (A) issuing guidance regarding national 

6 energy research and development priorities and 

7 strategic objectives; and 

8 (B) convening a conference of staff of the 

9 Department of Energy and representatives from 

10 such other entities to share research results, 

11 program plans, and opportunities for collabora12 tion. 

13 (d) ENTITIES ELIGIBLE FOR SUPPORT.—A consor14 tium shall be eligible to receive support under this section 

15 if— 

16 (1) it is composed of— 

17 (A) 2 research universities with a com18 bined annual research budget of $500,000,000; 

19 and 

20 (B) 1 or more additional qualifying enti21 ties; 

22 (2) its members have established a binding 

23 agreement that documents— 

24 (A) the structure of the partnership agree25 ment; 


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1 (B) a governance and management struc2 ture to enable cost-effective implementation of 

3 the program; 

4 (C) a conflicts of interest policy consistent 

5 with subsection (e)(1)(B); 

6 (D) an accounting structure that meets the 

7 requirements of the Department of Energy and 

8 can be audited under subsection (f)(4); and 

9 (E) that it has an External Advisory Com10 mittee consistent with subsection (e)(3); 

11 (3) it receives funding from States, consortium 

12 participants, or other non-Federal sources, to be 

13 used to support project awards pursuant to sub14 section (e); 

15 (4) it is part of an existing cluster or dem16 onstrates high potential to develop a new cluster; 

17 and 

18 (5) it operates as a nonprofit organization. 

19 (e) CLEAN ENERGY CONSORTIUM.— 

20 (1) ROLE.—The Consortium shall support 

21 translational research activities leading to commer22 cial application of clean energy technologies, in ac23 cordance with the purposes of this section, through 

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1 tium’s project criteria, including national labora2 tories. The Consortium shall— 

3 (A) develop and make available to the pub4 lic through the Department of Energy’s Web 

5 site proposed plans, programs, project selection 

6 criteria, and terms for individual project awards 

7 under this subsection; 

8 (B) establish conflict of interest proce9 dures, consistent with those of the Department 

10 of Energy, to ensure that employees and des11 ignees for Consortium activities who are in deci12 sionmaking capacities disclose all material con13 flicts of interest, including financial, organiza14 tional, and personal conflicts of interest; 

15 (C) establish policies— 

16 (i) to prevent resources provided to 

17 the Consortium from being used to dis18 place private sector investment otherwise 

19 likely to occur, including investment from 

20 private sector entities that are members of 

21 the Consortium; 

22 (ii) to facilitate the participation of 

23 private entities that invest in clean energy 

24 technologies to perform due diligence on 

25 award proposals, to participate in the 


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1 award review process, and to provide guid2 ance to projects supported by the Consor3 tium; and 

4 (iii) to facilitate the participation of 

5 parties with a demonstrated history of 

6 commercial application of clean energy 

7 technologies in the development of Consor8 tium projects; 

9 (D) oversee project solicitations, review 

10 proposed projects, and select projects for 

11 awards; and 

12 (E) monitor project implementation. 

13 (2) DISTRIBUTION OF AWARDS.—The Consor14 tium, with prior approval of the Secretary, shall dis15 tribute awards under this subsection to support 

16 clean energy technology projects conducting 

17 translational research, provided that at least 50 per18 cent of such support shall be provided to projects re19 lated to the Consortium’s clean energy technology 

20 development focus. Upon approval by the Secretary, 

21 all remaining funds shall be available to support any 

22 clean energy technology projects conducting 

23 translational research. 

24 (3) EXTERNAL ADVISORY COMMITTEE.— 


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1 (A) IN GENERAL.—The Consortium shall 

2 establish an External Advisory Committee, the 

3 members of which shall have extensive and rel4 evant scientific, technical, industry, financial, or 

5 research management expertise. The External 

6 Advisory Committee shall review the Consor7 tium’s proposed plans, programs, project selec8 tion criteria, and projects and shall ensure that 

9 projects selected for awards meet the conflict of 

10 interest policies of the Consortium. External 

11 Advisory Committee members other than those 

12 representing Consortium members shall serve 

13 for no more than 3 years. All External Advisory 

14 Committee members shall comply with the Con15 sortium’s conflict of interest policies and proce16 dures. 

17 (B) MEMBERS.—The External Advisory 

18 Committee shall consist of— 

19 (i) 5 members selected by the Consor20 tium’s research universities; 

21 (ii) 2 members selected by the Consor22 tium’s other qualifying entities; 

23 (iii) 2 members selected at large by 

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1 bers to represent the entrepreneur and 

2 venture capital communities; and 

3 (iv) 1 member appointed by the Sec4 retary. 

5 (4) CONFLICT OF INTEREST.—The Secretary 

6 may disqualify an application or revoke funds dis7 tributed to the Consortium if the Secretary discovers 

8 a failure to comply with conflict of interest proce9 dures established under paragraph (1)(B). 

10 (f) GRANT.— 

11 (1) IN GENERAL.—The Secretary shall make a 

12 grant under this section in accordance with section 

13 989 of the Energy Policy Act of 2005 (42 U.S.C. 

14 16353). The Secretary shall award the grant, on a 

15 competitive basis, to 1 regional Consortium, for a 

16 term of 3 years. 

17 (2) AMOUNT.—A grant under this subsection 

18 shall be in an amount not greater than $10,000,000 

19 per fiscal year over the 3 years of the term of the 

20 grant. 

21 (3) USE.—The grant distributed under this sec22 tion shall be used exclusively to support project 

23 awards pursuant to subsection (e)(1) and (2), pro24 vided that the Consortium may use not more than 

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1 ministrative expenses related to making such 

2 awards. The grant made under this section shall not 

3 be used for construction of new buildings or facili4 ties, and construction of new buildings or facilities 

5 shall not be considered as part of the non-Federal 

6 share of a cost sharing agreement under this section. 

7 (4) AUDIT.—The Consortium shall conduct, in 

8 accordance with such requirements as the Secretary 

9 may prescribe, an annual audit to determine the ex10 tent to which a grant distributed to the Consortium 

11 under this subsection, and awards under subsection 

12 (e), have been utilized in a manner consistent with 

13 this section. The auditor shall transmit a report of 

14 the results of the audit to the Secretary and to the 

15 Government Accountability Office. The Secretary 

16 shall include such report in an annual report to Con17 gress, along with a plan to remedy any deficiencies 

18 cited in the report. The Government Accountability 

19 Office may review such audits as appropriate and 

20 shall have full access to the books, records, and per21 sonnel of the Consortium to ensure that the grant 

22 distributed to the Consortium under this subsection, 

23 and awards made under subsection (e), have been 

24 utilized in a manner consistent with this section. 


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1 (5) REVOCATION OF AWARDS.—The Secretary 

2 shall have authority to review awards made under 

3 this subsection and to revoke such awards if the Sec4 retary determines that the Consortium has used the 

5 award in a manner not consistent with the require6 ments of this section. 

7 TITLE VI—DEPARTMENT OF 

8 ENERGY 

9 Subtitle A—Office of Science 

10 SEC. 601. SHORT TITLE. 

11 This subtitle may be cited as the ‘‘Department of En12 ergy Office of Science Authorization Act of 2010’’. 

13 SEC. 602. DEFINITIONS. 

14 Except as otherwise provided, in this subtitle: 

15 (1) DEPARTMENT.—The term ‘‘Department’’ 

16 means the Department of Energy. 

17 (2) DIRECTOR.—The term ‘‘Director’’ means 

18 the Director of the Office of Science. 

19 (3) OFFICE OF SCIENCE.—The term ‘‘Office of 

20 Science’’ means the Department of Energy Office of 

21 Science. 

22 (4) SECRETARY.—The term ‘‘Secretary’’ means 

23 the Secretary of Energy. 


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1 SEC. 603. MISSION OF THE OFFICE OF SCIENCE. 

2 (a) MISSION.—The mission of the Office of Science 

3 shall be the delivery of scientific discoveries, capabilities, 

4 and major scientific tools to transform the understanding 

5 of nature and to advance the energy, economic, and na6 tional security of the United States. 

7 (b) DUTIES.—In support of this mission, the Sec8 retary shall carry out, through the Office of Science, pro9 grams on basic energy sciences, biological and environ10 mental research, advanced scientific computing research, 

11 fusion energy sciences, high energy physics, and nuclear 

12 physics through activities focused on— 

13 (1) Science for Discovery to unravel nature’s 

14 mysteries through the study of subatomic particles, 

15 atoms, and molecules that make up the materials of 

16 our everyday world to DNA, proteins, cells, and en17 tire biological systems; 

18 (2) Science for National Need by— 

19 (A) advancing a clean energy agenda 

20 through research on energy production, storage, 

21 transmission, efficiency, and use; and 

22 (B) advancing our understanding of the 

23 Earth’s climate through research in atmos24 pheric and environmental sciences and climate 

25 change; and 


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1 (3) National Scientific User Facilities to deliver 

2 the 21st century tools of science, engineering, and 

3 technology and provide the Nation’s researchers with 

4 the most advanced tools of modern science including 

5 accelerators, colliders, supercomputers, light sources 

6 and neutron sources, and facilities for studying the 

7 nanoworld. 

8 (c) SUPPORTING ACTIVITIES.—The activities de9 scribed in subsection (b) shall include providing for rel10 evant facilities and infrastructure, analysis, coordination, 

11 and education and outreach activities. 

12 (d) USER FACILITIES.—The Director shall carry out 

13 the construction, operation, and maintenance of user fa14 cilities to support the activities described in subsection (b). 

15 As practicable, these facilities shall serve the needs of the 

16 Department, industry, the academic community, and other 

17 relevant entities for the purposes of advancing the mis18 sions of the Department. 

19 (e) OTHER AUTHORIZED ACTIVITIES.—In addition to 

20 the activities authorized under this subtitle, the Office of 

21 Science shall carry out such other activities it is author22 ized or required to carry out by law. 

23 (f) COORDINATION AND JOINT ACTIVITIES.—The 

24 Department’s Under Secretary for Science shall ensure 

25 the coordination of activities under this subtitle with the 


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1 other activities of the Department, and shall support joint 

2 activities among the programs of the Department. 

3 (g) DOMESTICALLY SOURCED HARDWARE.— 

4 (1) PLAN.—The Director shall develop a plan 

5 to increase the percentage of domestically sourced 

6 hardware for planned and ongoing projects of the 

7 Office of Science. In developing this plan, the Direc8 tor shall— 

9 (A) give consideration to technologies that 

10 the United States does not currently have the 

11 capacity to manufacture and to procurement ac12 tivities that can strengthen United States high13 technology competitiveness broadly; 

14 (B) seek opportunities to engage and part15 ner with domestic manufacturers; and 

16 (C) annually assess levels of domestically 

17 available goods relevant to planned and ongoing 

18 projects of the Office of Science. 

19 (2) INTERNATIONAL AGREEMENTS.—This sub20 section shall be applied in a manner consistent with 

21 United States obligations under international agree22 ments. 

23 (3) REPORT TO CONGRESS.—Not later than 1 

24 year after the date of enactment of this Act, the Di25 rector shall transmit the plan developed under this 


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1 subsection to the Committee on Energy and Natural 

2 Resources of the Senate and the Committee on 

3 Science and Technology of the House of Representa4 tives, and shall transmit any appropriate updates to 

5 those committees. 

6 (h) MERIT-REVIEWED STUDY.—As part of the Presi7 dent’s annual budget request, the Secretary shall include 

8 a detailed summary of the degree to which current re9 search activities are competitive and merit-reviewed, in10 cluding a list of activities that would have been undertaken 

11 in the absence of Congressionally-directed projects and an 

12 analysis of the effects of increasing the proportion of com13 petitive, merit-reviewed activities on the strategic objec14 tives of the Office of Science. 

15 SEC. 604. BASIC ENERGY SCIENCES PROGRAM. 

16 (a) PROGRAM.—As part of the activities authorized 

17 under section 603, the Director shall carry out a program 

18 in basic energy sciences, including materials sciences and 

19 engineering, chemical sciences, physical biosciences, and 

20 geosciences, for the purpose of providing the scientific 

21 foundations for new energy technologies. 

22 (b) BASIC ENERGY SCIENCES USER FACILITIES.— 

23 (1) IN GENERAL.—The Director shall carry out 

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1 gram under this section. As practicable, these facili2 ties shall serve the needs of the Department, indus3 try, the academic community, and other relevant en4 tities to create and examine new materials and 

5 chemical processes for the purposes of advancing 

6 new energy technologies and improving the competi7 tiveness of the United States. These facilities shall 

8 include— 

9 (A) x-ray light sources; 

10 (B) neutron sources; 

11 (C) electron beam microcharacterization 

12 centers; 

13 (D) nanoscale science research centers; 

14 and 

15 (E) other facilities the Director considers 

16 appropriate, consistent with section 603(d). 

17 (2) FACILITY CONSTRUCTION AND UP18 GRADES.—Consistent with the Office of Science’s 

19 project management practices, the Director shall 

20 support construction of— 

21 (A) the National Synchrotron Light Source 

22 II; 

23 (B) a Second Target Station at the Spall24 ation Neutron Source; and 


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1 (C) an upgrade of the Advanced Photon 

2 Source to improve brightness and performance. 

3 (c) ENERGY FRONTIER RESEARCH CENTERS.— 

4 (1) IN GENERAL.—The Director shall carry out 

5 a grant program to provide awards, on a competi6 tive, merit-reviewed basis, to multi-institutional col7 laborations or other appropriate entities to conduct 

8 fundamental and use-inspired energy research to ac9 celerate scientific breakthroughs related to needs 

10 identified in— 

11 (A) the Grand Challenges report of the De12 partment’s Basic Energy Sciences Advisory 

13 Committee; 

14 (B) the Basic Energy Sciences Basic Re15 search Needs workshop reports; 

16 (C) energy-related Grand Challenges for 

17 Engineering, as described by the National 

18 Academy of Engineering; or 

19 (D) other relevant reports identified by the 

20 Director. 

21 (2) COLLABORATIONS.—A collaboration receiv22 ing a grant under this subsection may include mul23 tiple types of institutions and private sector entities. 

24 (3) SELECTION AND DURATION.— 


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1 (A) IN GENERAL.—A collaboration under 

2 this subsection shall be selected for a period of 

3 5 years. 

4 (B) REAPPLICATION.—After the end of the 

5 period described in subparagraph (A), a grantee 

6 may reapply for selection for a second period of 

7 5 years on a competitive, merit-reviewed basis. 

8 (4) NO FUNDING FOR CONSTRUCTION.—No 

9 funding provided pursuant to this subsection may be 

10 used for the construction of new buildings or facili11 ties. 

12 (d) ACCELERATOR RESEARCH AND DEVELOP13 MENT.—The Director shall carry out research and devel14 opment on advanced accelerator technologies relevant to 

15 the development of Basic Energy Sciences user facilities, 

16 in consultation with the Office of Science’s High Energy 

17 Physics and Nuclear Physics programs. 

18 SEC. 605. BIOLOGICAL AND ENVIRONMENTAL RESEARCH 

19 PROGRAM. 

20 (a) IN GENERAL.—As part of the activities author21 ized under section 603, and coordinated with the activities 

22 authorized in section 604, the Director shall carry out a 

23 program of research, development, and demonstration in 

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1 vironmental science to support the energy and environ2 mental missions of the Department. 

3 (b) BIOLOGICAL SYSTEMS SCIENCE ACTIVITIES.— 

4 (1) ACTIVITIES.—As part of the activities au5 thorized under subsection (a), the Director shall 

6 carry out research, development, and demonstration 

7 activities in fundamental, structural, computational, 

8 and systems biology to increase systems-level under9 standing of complex biological systems, which shall 

10 include activities to— 

11 (A) accelerate breakthroughs and new 

12 knowledge that will enable cost-effective sus13 tainable production of— 

14 (i) biomass-based liquid transpor15 tation fuels, including hydrogen; 

16 (ii) bioenergy; and 

17 (iii) biobased products, 

18 that support the energy and environmental mis19 sions of the Department; 

20 (B) improve understanding of the global 

21 carbon cycle, including processes for removing 

22 carbon dioxide from the atmosphere, through 

23 photosynthesis and other biological processes, 

24 for sequestration and storage; and 


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1 (C) understand the biological mechanisms 

2 used to destroy, immobilize, or remove contami3 nants from subsurface environments. 

4 (2) RESEARCH PLAN.— 

5 (A) REQUIREMENT.—Not later than 1 

6 year after the date of enactment of this Act, the 

7 Director shall prepare and transmit to Congress 

8 a research plan describing how the activities au9 thorized under this subsection will be under10 taken. 

11 (B) UTILIZATION OF EXISTING PLAN.—In 

12 developing the plan in subparagraph (A), the 

13 Director may utilize an existing research plan 

14 and update such plan to incorporate the activi15 ties identified in paragraph (1). 

16 (C) UPDATES.—Not later than 3 years 

17 after the initial report under this paragraph, 

18 and at least once every 3 years thereafter, the 

19 Director shall update the research plan and 

20 transmit it to Congress. 

21 (3) BIOENERGY RESEARCH CENTERS.— 

22 (A) IN GENERAL.—In carrying out the ac23 tivities under paragraph (1), the Director shall 

24 support at least 3 bioenergy research centers to 

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1 ment, demonstration, and commercial applica2 tion of biomass-based liquid transportation 

3 fuels, bioenergy, and biobased products that 

4 support the energy and environmental missions 

5 of the Department and are produced from a va6 riety of regionally diverse feedstocks. 

7 (B) GEOGRAPHIC DISTRIBUTION.—The Di8 rector shall ensure that the bioenergy research 

9 centers under this paragraph are established in 

10 geographically diverse locations. 

11 (C) SELECTION AND DURATION.—A center 

12 established under subparagraph (A) shall be se13 lected on a competitive, merit-reviewed basis for 

14 a period of 5 years beginning on the date of es15 tablishment of that center. A center already in 

16 existence on the date of enactment of this Act 

17 may continue to receive support for a period of 

18 5 years beginning on the date of establishment 

19 of that center. 

20 (4) ENABLING SYNTHETIC BIOLOGY PLAN.— 

21 (A) IN GENERAL.—The Secretary, in con22 sultation with other relevant Federal agencies, 

23 the academic community, research-based non24 profit entities, and the private sector, shall de25 velop a comprehensive plan for federally supVerDate Mar 15 2010 03:46 May 19, 2010 Jkt 089200 PO 00000 Frm 00228 Fmt 6652 Sfmt 6201 E:\BILLS\H5325.IH H5325

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1 ported research and development activities that 

2 will support the energy and environmental mis3 sions of the Department and enable a competi4 tive synthetic biology industry in the United 

5 States. 

6 (B) PLAN.—The plan developed under sub7 paragraph (A) shall assess the need to create a 

8 database for synthetic biology information, the 

9 need and process for developing standards for 

10 biological parts, components and systems, and 

11 the need for a federally funded facility that en12 ables the discovery, design, development, pro13 duction, and systematic use of parts, compo14 nents, and systems created through synthetic 

15 biology. The plan shall describe the role of the 

16 Federal Government in meeting these needs. 

17 (C) SUBMISSION TO CONGRESS.—The Sec18 retary shall transmit the plan developed under 

19 subparagraph (A) to the Congress not later 

20 than 9 months after the date of enactment of 

21 this Act. 

22 (5) COMPUTATIONAL BIOLOGY AND SYSTEMS

23 BIOLOGY KNOWLEDGEBASE.—As part of the activi24 ties described in paragraph (1), the Director, in col25 laboration with the Advanced Scientific Computing 


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1 Research program described in section 606, shall 

2 carry out research in computational biology, acquire 

3 or otherwise ensure the availability of hardware for 

4 biology-specific computation, and establish and 

5 maintain an open virtual database and information 

6 management system to centrally integrate systems 

7 biology data, analytical software, and computational 

8 modeling tools that will allow data sharing and free 

9 information exchange within the scientific commu10 nity. 

11 (6) PROHIBITION ON BIOMEDICAL AND HUMAN

12 CELL AND HUMAN SUBJECT RESEARCH.— 

13 (A) NO BIOMEDICAL RESEARCH.—In car14 rying out activities under subsection (b), the 

15 Secretary shall not conduct biomedical research. 

16 (B) LIMITATIONS.—Nothing in subsection 

17 (b) shall authorize the Secretary to conduct any 

18 research or demonstrations— 

19 (i) on human cells or human subjects; 

20 or 

21 (ii) designed to have direct application 

22 with respect to human cells or human sub23 jects. 

24 (C) INFORMATION SHARING.—Nothing in 

25 this paragraph shall restrict the Department 


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1 from sharing information, including research 

2 findings, research methodologies, models, or 

3 any other information, with any Federal agen4 cy. 

5 (7) REPEAL.—Section 977 of the Energy Policy 

6 Act of 2005 (42 U.S.C. 16317) is repealed. 

7 (c) CLIMATE AND ENVIRONMENTAL SCIENCES AC8 TIVITIES.— 

9 (1) IN GENERAL.—As part of the activities au10 thorized under subsection (a), the Director shall 

11 carry out climate and environmental science re12 search, which shall include activities to— 

13 (A) understand, observe, and model the re14 sponse of the Earth’s atmosphere and bio15 sphere, including oceans and the Great Lakes, 

16 to increased concentrations of greenhouse gas 

17 emissions, and any associated changes in cli18 mate; 

19 (B) understand the processes for seques20 tration, destruction, immobilization, or removal 

21 of, and understand the movement of, contami22 nants and carbon in subsurface environments, 

23 including at facilities of the Department; and 

24 (C) inform potential mitigation and adap25 tation options for increased concentrations of 


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1 greenhouse gas emissions and any associated 

2 changes in climate. 

3 (2) SUBSURFACE BIOGEOCHEMISTRY RE4 SEARCH.— 

5 (A) IN GENERAL.—As part of the activities 

6 described in paragraph (1), the Director shall 

7 carry out research to advance a fundamental 

8 understanding of coupled physical, chemical, 

9 and biological processes for controlling the 

10 movement of sequestered carbon and subsurface 

11 environmental contaminants, including field ob12 servations of subsurface microorganisms and 

13 field-scale subsurface research. 

14 (B) COORDINATION.— 

15 (i) DIRECTOR.—The Director shall 

16 carry out activities under this paragraph in 

17 accordance with priorities established by 

18 the Department’s Under Secretary for 

19 Science to support and accelerate the de20 contamination of relevant facilities man21 aged by the Department. 

22 (ii) UNDER SECRETARY FOR

23 SCIENCE.—The Department’s Under Sec24 retary for Science shall ensure the coordi25 nation of the activities of the Department, 


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1 including activities under this paragraph, 

2 to support and accelerate the decontamina3 tion of relevant facilities managed by the 

4 Department. 

5 (3) NEXT-GENERATION ECOSYSTEM-CLIMATE

6 EXPERIMENT.— 

7 (A) IN GENERAL.—As part of the activities 

8 described in paragraph (1), the Director, in col9 laboration with other relevant agencies that are 

10 participants in the United States Global 

11 Change Research Program, shall carry out the 

12 selection and development of a next-generation 

13 ecosystem-climate change experiment to under14 stand the impact and feedbacks of increased 

15 temperature and elevated carbon levels on eco16 systems. 

17 (B) REPORT.—Not later than 1 year after 

18 the date of enactment of this Act, the Director 

19 shall transmit to the Congress a report con20 taining— 

21 (i) an identification of the location or 

22 locations that have been selected for the 

23 experiment described in subparagraph (A); 

24 (ii) a description of the need for addi25 tional experiments; and 


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1 (iii) an associated research plan. 

2 (4) AMERIFLUX NETWORK COORDINATION AND

3 RESEARCH.—As part of the activities described in 

4 paragraph (1), the Director shall carry out research 

5 and coordinate the AmeriFlux Network to directly 

6 observe and understand the exchange of greenhouse 

7 gases, water vapor, and heat energy within terres8 trial ecosystems and the response of those systems 

9 to climate change and other dynamic terrestrial 

10 landscape changes. The Director, in collaboration 

11 with other relevant Federal agencies, shall— 

12 (A) identify opportunities to incorporate 

13 innovative and emerging observation tech14 nologies and practices into the existing Net15 work; 

16 (B) conduct research to determine the 

17 need for increased greenhouse gas observation 

18 Network facilities across North America to 

19 meet future mitigation and adaptation needs of 

20 the United States; and 

21 (C) examine how the technologies and 

22 practices described in subparagraph (A), and 

23 increased coordination among scientific commu24 nities through the Network, have the potential 

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1 house gas emission sources and sinks in the 

2 United States and internationally. 

3 (5) CLIMATE AND EARTH MODELING.—As part 

4 of the activities described in paragraph (1), the Di5 rector, in collaboration with the Advanced Scientific 

6 Computing Research program described in section 

7 606, shall carry out research to develop, evaluate, 

8 and use high-resolution regional climate, global cli9 mate, Earth, and predictive models to inform deci10 sions on reducing the impacts of changing climate. 

11 (6) INTEGRATED ASSESSMENT RESEARCH.—As 

12 part of the activities described in paragraph (1), the 

13 Director shall carry out research into options for 

14 mitigation of and adaptation to climate change 

15 through multiscale models of the entire climate sys16 tem. Such modeling shall include human processes 

17 and greenhouse gas emissions, land use, and inter18 action among human and Earth systems. 

19 (7) COORDINATION.—The Director shall coordi20 nate activities under this subsection with other Of21 fice of Science activities and with the United States 

22 Global Change Research Program. 

23 (d) USER FACILITIES AND ANCILLARY EQUIP24 MENT.— 


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1 (1) IN GENERAL.—The Director shall carry out 

2 a program for the construction, operation, and main3 tenance of user facilities to support the program 

4 under this section. As practicable, these facilities 

5 shall serve the needs of the Department, industry, 

6 the academic community, and other relevant entities. 

7 (2) INCLUDED FUNCTIONS.—User facilities de8 scribed in paragraph (1) shall include facilities which 

9 carry out— 

10 (A) genome sequencing and analysis of 

11 plants, microbes, and microbial communities 

12 using high throughput tools, technologies, and 

13 comparative analysis; 

14 (B) molecular level research in biological, 

15 chemical, environmental, and subsurface 

16 sciences, including synthesis, dynamic prop17 erties, and interactions among natural and en18 gineered materials; and 

19 (C) measurement of cloud and aerosol 

20 properties used for examining atmospheric proc21 esses and evaluating climate model perform22 ance, including ground stations at various loca23 tions, mobile resources, and aerial vehicles. 


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1 SEC. 606. ADVANCED SCIENTIFIC COMPUTING RESEARCH 

2 PROGRAM. 

3 (a) IN GENERAL.—As part of the activities author4 ized under section 603, the Director shall carry out a re5 search, development, demonstration, and commercial ap6 plication program to advance computational and net7 working capabilities to analyze, model, simulate, and pre8 dict complex phenomena relevant to the development of 

9 new energy technologies and the competitiveness of the 

10 United States. 

11 (b) COORDINATION.— 

12 (1) DIRECTOR.—The Director shall carry out 

13 activities under this section in accordance with prior14 ities established by the Department’s Under Sec15 retary for Science to determine and meet the com16 putational and networking research and facility 

17 needs of the Office of Science and all other relevant 

18 energy technology and energy efficiency programs 

19 within the Department. 

20 (2) UNDER SECRETARY FOR SCIENCE.—The 

21 Department’s Under Secretary for Science shall en22 sure the coordination of the activities of the Depart23 ment, including activities under this section, to de24 termine and meet the computational and networking 

25 research and facility needs of the Office of Science 


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1 and all other relevant energy technology and energy 

2 efficiency programs within the Department. 

3 (c) RESEARCH TO SUPPORT ENERGY APPLICA4 TIONS.—As part of the activities authorized under sub5 section (a), the program shall support research in high6 performance computing and networking relevant to energy 

7 applications, including both basic and applied energy re8 search programs carried out by the Secretary. 

9 (d) REPORTS.— 

10 (1) ADVANCED COMPUTING FOR ENERGY APPLI11 CATIONS.—Not later than one year after the date of 

12 enactment of this Act, the Secretary shall transmit 

13 to the Congress a plan to integrate and leverage the 

14 expertise and capabilities of the program described 

15 in subsection (a), as well as other relevant computa16 tional and networking research programs and re17 sources supported by the Federal Government, to 

18 advance the missions of the Department’s applied 

19 energy and energy efficiency programs, including the 

20 development of smart grid technologies. 

21 (2) EXASCALE COMPUTING.—At least 18 

22 months prior to the initiation of construction or in23 stallation of any exascale-class computing facility, 

24 the Secretary shall transmit a plan to the Congress 

25 detailing— 


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1 (A) the proposed facility’s cost projections 

2 and capabilities to significantly accelerate the 

3 development of new energy technologies; 

4 (B) technical risks and challenges that 

5 must be overcome to achieve successful comple6 tion and operation of the facility; and 

7 (C) an assessment of the scientific and 

8 technological advances expected from such a fa9 cility relative to those expected from a com10 parable investment in expanded research and 

11 applications at terascale-class and petascale12 class computing facilities. 

13 (e) APPLIED MATHEMATICS AND SOFTWARE DEVEL14 OPMENT FOR HIGH-END COMPUTING SYSTEMS.—The Di15 rector shall carry out activities to develop, test, and sup16 port mathematics, models, and algorithms for complex 

17 systems, as well as programming environments, tools, lan18 guages, and operating systems for high-end computing 

19 systems (as defined in section 2 of the Department of En20 ergy High-End Computing Revitalization Act of 2004 (15 

21 U.S.C. 5541)). 

22 (f) HIGH-END COMPUTING FACILITIES.—The Direc23 tor shall— 

24 (1) provide for sustained access by the public 

25 and private research community in the United 


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1 States to high-end computing systems, including ac2 cess to the National Energy Research Scientific 

3 Computing Center and to Leadership Systems (as 

4 defined in section 2 of the Department of Energy 

5 High-End Computing Revitalization Act of 2004 (15 

6 U.S.C. 5541)); 

7 (2) provide technical support for users of such 

8 systems; and 

9 (3) conduct research and development on next10 generation computing architectures and platforms to 

11 support the missions of the Department. 

12 (g) OUTREACH.—The Secretary shall conduct out13 reach programs and may form partnerships to increase the 

14 use of and access to high-performance computing mod15 eling and simulation capabilities by industry, including 

16 manufacturers. 

17 SEC. 607. FUSION ENERGY RESEARCH PROGRAM. 

18 (a) PROGRAM.—As part of the activities authorized 

19 under section 603, the Director shall carry out a fusion 

20 energy sciences research and enabling technology develop21 ment program to effectively address the scientific and en22 gineering challenges to building a cost-competitive fusion 

23 power plant and a competitive fusion power industry in 

24 the United States. As part of this program, the Director 

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1 mental understanding of plasmas and matter at very high 

2 temperatures and densities. 

3 (b) ITER.—The Director shall coordinate and carry 

4 out the responsibilities of the United States with respect 

5 to the ITER international fusion project pursuant to the 

6 Agreement on the Establishment of the ITER Inter7 national Fusion Energy Organization for the Joint Imple8 mentation of the ITER Project. 

9 (c) IDENTIFICATION OF PRIORITIES.—Not later than 

10 18 months after the date of enactment of this Act, the 

11 Secretary shall transmit to the Congress a report on the 

12 Department’s proposed research and development activi13 ties in magnetic fusion over the 10 years following the date 

14 of enactment of this Act under four realistic budget sce15 narios. The report shall— 

16 (1) identify specific areas of fusion energy re17 search and enabling technology development in 

18 which the United States can and should establish or 

19 solidify a lead in the global fusion energy develop20 ment effort; and 

21 (2) identify priorities for initiation of facility 

22 construction and facility decommissioning under 

23 each of those scenarios. 

24 (d) FUSION MATERIALS RESEARCH AND DEVELOP25 MENT.—The Director, in coordination with the Assistant 


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1 Secretary for Nuclear Energy of the Department, shall 

2 carry out research and development activities to identify, 

3 characterize, and create materials that can endure the 

4 neutron, plasma, and heat fluxes expected in a commercial 

5 fusion power plant. As part of the activities authorized 

6 under subsection (c), the Secretary shall— 

7 (1) provide an assessment of the need for a fa8 cility or facilities that can examine and test potential 

9 fusion and next generation fission materials and 

10 other enabling technologies relevant to the develop11 ment of commercial fusion power plants; and 

12 (2) provide an assessment of whether a single 

13 new facility that substantially addresses magnetic 

14 fusion, inertial fusion, and next generation fission 

15 materials research needs is feasible, in conjunction 

16 with the expected capabilities of facilities operational 

17 as of the date of enactment of this Act. 

18 (e) ENABLING TECHNOLOGY DEVELOPMENT.—The 

19 Secretary shall carry out activities to develop technologies 

20 necessary to enable the reliable, sustainable, safe, and eco21 nomically competitive operation of a commercial fusion 

22 power plant. 

23 (f) FUSION SIMULATION PROJECT.—In collaboration 

24 with the Office of Science’s Advanced Scientific Com25 puting Research program described in section 606, the DiVerDate Mar 15 2010 03:46 May 19, 2010 Jkt 089200 PO 00000 Frm 00242 Fmt 6652 Sfmt 6201 E:\BILLS\H5325.IH H5325

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1 rector shall carry out a computational project to advance 

2 the capability of fusion researchers to accurately simulate 

3 an entire fusion energy system. 

4 (g) INERTIAL FUSION ENERGY RESEARCH AND DE5 VELOPMENT PROGRAM.—The Secretary shall carry out a 

6 program of research and technology development in iner7 tial fusion for energy applications, including ion beam and 

8 laser fusion. Not later than 180 days after the release of 

9 a report from the National Academies on inertial fusion 

10 energy research, the Secretary shall transmit to Congress 

11 a report describing the Department’s plan to incorporate 

12 any relevant recommendations from the National Acad13 emies’ report into this program. 

14 SEC. 608. HIGH ENERGY PHYSICS PROGRAM. 

15 (a) PROGRAM.—As part of the activities authorized 

16 under section 603, the Director shall carry out a research 

17 program on the elementary constituents of matter and en18 ergy and the nature of space and time. 

19 (b) NEUTRINO RESEARCH.—As part of the program 

20 described in subsection (a), the Director shall carry out 

21 research activities on rare decay processes and the nature 

22 of the neutrino, which may— 

23 (1) include collaborations with the National 

24 Science Foundation on relevant projects; and 


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1 (2) utilize components of existing accelerator 

2 facilities to produce neutrino beams of sufficient in3 tensity to explore research priorities identified by the 

4 High Energy Physics Advisory Panel or the National 

5 Academy of Sciences. 

6 (c) DARK ENERGY AND DARK MATTER RE7 SEARCH.—As part of the program described in subsection 

8 (a), the Director shall carry out research activities on the 

9 nature of dark energy and dark matter. These activities 

10 shall be consistent with research priorities identified by 

11 the High Energy Physics Advisory Panel or the National 

12 Academy of Sciences, and may include— 

13 (1) the development of space-based and land14 based facilities and experiments; and 

15 (2) collaborations with the National Aeronautics 

16 and Space Administration, the National Science 

17 Foundation, or international collaborations on rel18 evant research projects. 

19 (d) ACCELERATOR RESEARCH AND DEVELOP20 MENT.—The Director shall carry out research and devel21 opment in advanced accelerator concepts and technologies 

22 to reduce the necessary scope and cost for the next genera23 tion of particle accelerators. 

24 (e) INTERNATIONAL COLLABORATION.—The Direc25 tor, as practicable and in coordination with other approVerDate Mar 15 2010 03:46 May 19, 2010 Jkt 089200 PO 00000 Frm 00244 Fmt 6652 Sfmt 6201 E:\BILLS\H5325.IH H5325

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1 priate Federal agencies as necessary, shall ensure the ac2 cess of United States researchers to the most advanced 

3 accelerator facilities and research capabilities in the world, 

4 including the Large Hadron Collider. 

5 SEC. 609. NUCLEAR PHYSICS PROGRAM. 

6 (a) PROGRAM.—As part of the activities authorized 

7 under section 603, the Director shall carry out a research 

8 program, and support relevant facilities, to discover and 

9 understand various forms of nuclear matter. 

10 (b) FACILITY CONSTRUCTION AND UPGRADES.— 

11 Consistent with the Office of Science’s project manage12 ment practices, the Director shall carry out— 

13 (1) an upgrade of the Continuous Electron 

14 Beam Accelerator Facility to a 12 gigaelectronvolt 

15 beam of electrons; and 

16 (2) construction of the Facility for Rare Isotope 

17 Beams. 

18 (c) ISOTOPE DEVELOPMENT AND PRODUCTION FOR

19 RESEARCH APPLICATIONS.—The Director shall carry out 

20 a program for the production of isotopes, including the 

21 development of techniques to produce isotopes, that the 

22 Secretary determines are needed for research, excluding 

23 medical research. In making this determination, the Sec24 retary shall consider any relevant recommendations made 

25 by Federal advisory committees, the National Academies, 


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1 and interagency working groups in which the Department 

2 participates. 

3 SEC. 610. SCIENCE LABORATORIES INFRASTRUCTURE PRO4 GRAM. 

5 (a) PROGRAM.—The Director shall carry out a pro6 gram to improve the safety, efficiency, and mission readi7 ness of infrastructure at Office of Science laboratories. 

8 The program shall include projects to— 

9 (1) renovate or replace space that does not 

10 meet research needs; 

11 (2) replace facilities that are no longer cost ef12 fective to renovate or operate; 

13 (3) modernize utility systems to prevent failures 

14 and ensure efficiency; 

15 (4) remove excess facilities to allow safe and ef16 ficient operations; and 

17 (5) construct modern facilities to conduct ad18 vanced research in controlled environmental condi19 tions. 

20 (b) MINOR CONSTRUCTION PROJECTS.— 

21 (1) AUTHORITY.—Using operation and mainte22 nance funds or facilities and infrastructure funds 

23 authorized by law, the Secretary may carry out 

24 minor construction projects with respect to labora25 tories administered by the Office of Science. 


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1 (2) ANNUAL REPORT.—The Secretary shall 

2 submit to Congress, as part of the annual budget 

3 submission of the Department, a report on each ex4 ercise of the authority under subsection (a) during 

5 the preceding fiscal year. Each report shall include 

6 a summary of maintenance and infrastructure needs 

7 and associated funding requirements at each of the 

8 laboratories, including the amount of both planned 

9 and deferred infrastructure spending at each labora10 tory. Each report shall provide a brief description of 

11 each minor construction project covered by the re12 port. 

13 (3) COST VARIATION REPORTS.—If, at any time 

14 during the construction of any minor construction 

15 project, the estimated cost of the project is revised 

16 and the revised cost of the project exceeds the minor 

17 construction threshold, the Secretary shall imme18 diately submit to Congress a report explaining the 

19 reasons for the cost variation. 

20 (4) DEFINITIONS.—In this section— 

21 (A) the term ‘‘minor construction project’’ 

22 means any plant project not specifically author23 ized by law for which the approved total esti24 mated cost does not exceed the minor construc25 tion threshold; and 


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1 (B) the term ‘‘minor construction thresh2 old’’ means $10,000,000, with such amount to 

3 be adjusted by the Secretary in accordance with 

4 the Engineering News-Record Construction 

5 Cost Index, or an appropriate alternative index 

6 as determined by the Secretary, once every five 

7 years after the date of enactment of this Act. 

8 (5) NONAPPLICABILITY.—Sections 4703 and 

9 4704 of the Atomic Energy Defense Act (50 U.S.C. 

10 2743 and 2744) shall not apply to laboratories ad11 ministered by the Office of Science. 

12 SEC. 611. AUTHORIZATION OF APPROPRIATIONS. 

13 There are authorized to be appropriated to the Sec14 retary for the activities of the Office of Science— 

15 (1) $5,247,000,000 for fiscal year 2011, of 

16 which— 

17 (A) $1,875,000,000 shall be for Basic En18 ergy Sciences activities under section 604; 

19 (B) $667,000,000 shall be for Biological 

20 and Environmental Research activities under 

21 section 605; and 

22 (C) $466,000,000 shall be for Advanced 

23 Scientific Computing Research activities under 

24 section 606; 


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1 (2) $5,614,000,000 for fiscal year 2012, of 

2 which— 

3 (A) $2,025,000,000 shall be for Basic En4 ergy Sciences activities under section 604; 

5 (B) $720,000,000 shall be for Biological 

6 and Environmental Research activities under 

7 section 605; and 

8 (C) $503,000,000 shall be for Advanced 

9 Scientific Computing Research activities under 

10 section 606; and 

11 (3) $6,007,000,000 for fiscal year 2013, of 

12 which— 

13 (A) $2,187,000,000 shall be for Basic En14 ergy Sciences activities under section 604; 

15 (B) $778,000,000 shall be for Biological 

16 and Environmental Research activities under 

17 section 605; and 

18 (C) $544,000,000 shall be for Advanced 

19 Scientific Computing Research activities under 

20 section 606. 

21 Subtitle B—Advanced Research 

22 Projects Agency—Energy 

23 SEC. 621. SHORT TITLE. 

24 This subtitle may be cited as the ‘‘ARPA–E Reau25 thorization Act of 2010’’. 


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1 SEC. 622. ARPA–E AMENDMENTS. 

2 Section 5012 of the America COMPETES Act (42 

3 U.S.C. 16538) is amended— 

4 (1) in subsection (c)(2)— 

5 (A) in subparagraph (A), by inserting 

6 ‘‘and applied’’ after ‘‘advances in fundamental’’; 

7 (B) by striking ‘‘and’’ at the end of sub8 paragraph (B); 

9 (C) by striking the period at the end of 

10 subparagraph (C) and inserting ‘‘; and’’; and 

11 (D) by adding at the end the following new 

12 subparagraph: 

13 ‘‘(D) promoting the commercial application 

14 of advanced energy technologies.’’; 

15 (2) in subsection (e)(3), by amending subpara16 graph (C) to read as follows: 

17 ‘‘(C) research and development of ad18 vanced manufacturing process and technologies 

19 for the domestic manufacturing of novel energy 

20 technologies; and’’; 

21 (3) in subsection (e)— 

22 (A) by striking ‘‘and’’ at the end of para23 graph (3)(D); 

24 (B) by striking the period at the end of 

25 paragraph (4) and inserting ‘‘; and’’; and 


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

2 paragraph: 

3 ‘‘(5) pursuant to subsection (c)(2)(C)— 

4 ‘‘(A) ensuring that applications for funding 

5 disclose the extent of current and prior efforts, 

6 including monetary investments as appropriate, 

7 in pursuit of the technology area for which 

8 funding is being requested; 

9 ‘‘(B) adopting measures to ensure that, in 

10 making awards, program managers adhere to 

11 the objectives in subsection (c)(2)(C); and 

12 ‘‘(C) providing as part of the annual report 

13 required by subsection (h)(1) a summary of the 

14 instances of and reasons for ARPA–E funding 

15 projects in technology areas already being un16 dertaken by industry.’’; 

17 (4) by redesignating subsections (f) through 

18 (m) as subsections (g), (h), (i), (j), (l), (m), (n), and 

19 (o), respectively; 

20 (5) by inserting after subsection (e) the fol21 lowing new subsection: 

22 ‘‘(f) AWARDS.—In carrying out this section, the Di23 rector may initiate and execute awards in the form of 

24 grants, contracts, cooperative agreements, cash prizes, 

25 and other transactions. The Director shall make awards 


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1 designed to overcome the long-term and high-risk barriers 

2 relating to the goals and means set forth in subsection 

3 (c) and facilitate submissions, where possible by small 

4 businesses and entrepreneurs, pursuant to announcements 

5 published not less frequently than annually, of funding op6 portunities for— 

7 ‘‘(1) specific areas of technological innovation; 

8 and 

9 ‘‘(2) broadly defined areas of science and tech10 nology, 

11 to remain open for periods of one year.’’; 

12 (6) in subsection (g), as so redesignated by 

13 paragraph (4) of this section— 

14 (A) by redesignating paragraphs (1) and 

15 (2) as paragraphs (2) and (3), respectively; 

16 (B) by inserting before paragraph (2), as 

17 so redesignated by subparagraph (A) of this 

18 paragraph, the following new paragraph: 

19 ‘‘(1) IN GENERAL.—The Director shall establish 

20 and maintain within ARPA–E a staff with sufficient 

21 qualifications and expertise to enable ARPA–E to 

22 carry out its responsibilities under this section in 

23 conjunction with the operations of the rest of the 

24 Department.’’; 


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1 (C) in paragraph (2)(A), as so redesig2 nated by subparagraph (A) of this paragraph— 

3 (i) in the paragraph heading, by strik4 ing ‘‘PROGRAM MANAGERS’’ and inserting 

5 ‘‘PROGRAM DIRECTORS’’; 

6 (ii) by striking ‘‘program managers’’ 

7 and inserting ‘‘program directors’’; and 

8 (iii) by striking ‘‘each of’’; 

9 (D) in paragraph (2)(B), as so redesig10 nated by subparagraph (A) of this paragraph— 

11 (i) by striking ‘‘program manager’’ 

12 and inserting ‘‘program director’’; 

13 (ii) in clause (iv), by striking ‘‘, with 

14 advice under subsection (j) as appro15 priate,’’; 

16 (iii) by redesignating clauses (v) and 

17 (vi) as clauses (vi) and (viii), respectively; 

18 (iv) by inserting after clause (iv) the 

19 following new clause: 

20 ‘‘(v) identifying innovative cost-shar21 ing arrangements for ARPA–E projects, 

22 including through use of the authority 

23 under section 988(b)(3) of the Energy Pol24 icy Act of 2005 (42 U.S.C. 16352(b)(3));’’; 


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1 (v) in clause (vi), as so redesignated 

2 by clause (iii) of this subparagraph, by 

3 striking ‘‘; and’’ and inserting a semicolon; 

4 and 

5 (vi) by inserting after clause (vi), as 

6 so redesignated by clause (iii) of this sub7 paragraph, the following new clause: 

8 ‘‘(vii) identifying mechanisms for com9 mercial application of successful energy 

10 technology development projects, including 

11 through establishment of partnerships be12 tween awardees and commercial entities; 

13 and’’; 

14 (E) in paragraph (2)(C), as so redesig15 nated by subparagraph (A) of this paragraph, 

16 by inserting ‘‘up to’’ after ‘‘shall be’’; 

17 (F) in paragraph (3)(B), as so redesig18 nated by subparagraph (A) of this paragraph, 

19 by striking ‘‘not less than 70, and not more 

20 than 120,’’ and inserting ‘‘not more than 120’’; 

21 and 

22 (G) by adding at the end the following new 

23 paragraph: 

24 ‘‘(4) FELLOWSHIPS.—The Director is author25 ized to select exceptional early-career and senior sciVerDate Mar 15 2010 03:46 May 19, 2010 Jkt 089200 PO 00000 Frm 00254 Fmt 6652 Sfmt 6201 E:\BILLS\H5325.IH H5325

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1 entific, legal, business, and technical personnel to 

2 serve as fellows to work at ARPA–E for terms not 

3 to exceed two years. Responsibilities of fellows may 

4 include— 

5 ‘‘(A) supporting program directors in pro6 gram creation, design, implementation, and 

7 management; 

8 ‘‘(B) exploring technical fields for future 

9 ARPA–E program areas; 

10 ‘‘(C) assisting the Director in the creation 

11 of the strategic vision for ARPA–E referred to 

12 in subsection (h)(2); 

13 ‘‘(D) preparing energy technology and eco14 nomic analyses; and 

15 ‘‘(E) any other appropriate responsibilities 

16 identified by the Director.’’; 

17 (7) in subsection (h)(2), as so redesignated by 

18 paragraph (4) of this section— 

19 (A) by striking ‘‘2008’’ and inserting 

20 ‘‘2010’’; and 

21 (B) by striking ‘‘2011’’ and inserting 

22 ‘‘2013’’; 

23 (8) by amending subsection (j), as so redesig24 nated by paragraph (4) of this section, to read as 

25 follows: 


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1 ‘‘(j) FEDERAL DEMONSTRATION OF TECH2 NOLOGIES.—The Director shall seek opportunities to part3 ner with purchasing and procurement programs of Federal 

4 agencies to demonstrate energy technologies resulting 

5 from activities funded through ARPA–E.’’; 

6 (9) by inserting after such subsection (j) the 

7 following new subsection: 

8 ‘‘(k) EVENTS.— 

9 ‘‘(1) The Director is authorized to convene, or10 ganize, and sponsor events that further the objec11 tives of ARPA–E, including events that assemble 

12 awardees, the most promising applicants for ARPA– 

13 E funding, and a broad range of ARPA–E stake14 holders (which may include members of relevant sci15 entific research and academic communities, govern16 ment officials, financial institutions, private inves17 tors, entrepreneurs, and other private entities), for 

18 the purposes of— 

19 ‘‘(A) demonstrating projects of ARPA–E 

20 awardees; 

21 ‘‘(B) demonstrating projects of finalists for 

22 ARPA–E awards and other energy technology 

23 projects; 

24 ‘‘(C) facilitating discussion of the commer25 cial application of energy technologies developed 


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1 under ARPA–E and other government-spon2 sored research and development programs; or 

3 ‘‘(D) such other purposes as the Director 

4 considers appropriate. 

5 ‘‘(2) Funding for activities described in para6 graph (1) shall be provided as part of the technology 

7 transfer and outreach activities authorized under 

8 subsection (o)(4)(B).’’; 

9 (10) in subsection (m)(1), as so redesignated by 

10 paragraph (4) of this section, by striking ‘‘4 years’’ 

11 and inserting ‘‘6 years’’; 

12 (11) in subsection (m)(2)(B), as so redesig13 nated by paragraph (4) of this section, by inserting 

14 ‘‘, and how those lessons may apply to the operation 

15 of other programs within the Department of En16 ergy’’ after ‘‘ARPA–E’’; 

17 (12) by amending subsection (o)(2), as so re18 designated by paragraph (4) of this section, to read 

19 as follows: 

20 ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.— 

21 Subject to paragraph (4), there are authorized to be 

22 appropriated to the Director for deposit in the 

23 Fund, without fiscal year limitation— 

24 ‘‘(A) $300,000,000 for fiscal year 2011; 


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1 ‘‘(B) $450,000,000 for fiscal year 2012; 

2 and 

3 ‘‘(C) $600,000,000 for fiscal year 2013.’’; 

4 (13) in subsection (o), as so redesignated by 

5 paragraph (4) of this section, by— 

6 (A) striking paragraph (4); and 

7 (B) redesignating paragraph (5) as para8 graph (4); and 

9 (14) in subsection (o)(4)(B), as so redesignated 

10 by paragraphs (4) and (13)(B) of this subsection— 

11 (A) by striking ‘‘2.5 percent’’ and inserting 

12 ‘‘5 percent’’; and 

13 (B) by inserting ‘‘, consistent with the goal 

14 described in subsection (c)(2)(D) and within the 

15 responsibilities of program directors as specified 

16 in subsection (g)(2)(B)(vii)’’ after ‘‘outreach ac17 tivities’’. 

18 Subtitle C—Energy Innovation 

19 Hubs 

20 SEC. 631. SHORT TITLE. 

21 This subtitle may be cited as the ‘‘Energy Innovation 

22 Hubs Authorization Act of 2010’’. 

23 SEC. 632. ENERGY INNOVATION HUBS. 

24 (a) ESTABLISHMENT OF PROGRAM.— 


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1 (1) IN GENERAL.—The Secretary of Energy 

2 shall carry out a program to enhance the Nation’s 

3 economic, environmental, and energy security by 

4 making grants to consortia for establishing and op5 erating Energy Innovation Hubs to conduct and 

6 support, whenever practicable at one centralized lo7 cation, multidisciplinary, collaborative research, de8 velopment, demonstration, and commercial applica9 tion of advanced energy technologies in areas not 

10 being served by the private sector. 

11 (2) TECHNOLOGY DEVELOPMENT FOCUS.—The 

12 Secretary shall designate for each Hub a unique ad13 vanced energy technology development focus. 

14 (3) COORDINATION.—The Secretary shall en15 sure the coordination of, and avoid unnecessary du16 plication of, the activities of Hubs with those of 

17 other Department of Energy research entities, in18 cluding the National Laboratories, the Advanced Re19 search Projects Agency—Energy, and Energy Fron20 tier Research Centers, and within industry. Such co21 ordination shall include convening and consulting 

22 with representatives of staff of the Department of 

23 Energy, representatives from Hubs and the quali24 fying entities that are members of the consortia op25 erating the Hubs, and representatives of such other 


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1 entities as the Secretary considers appropriate, to 

2 share research results, program plans, and opportu3 nities for collaboration. 

4 (4) ADMINISTRATION.—The Secretary shall ad5 minister this section with respect to each Hub 

6 through the Department program office appropriate 

7 to administer the subject matter of the technology 

8 development focus assigned under paragraph (2) for 

9 the Hub. 

10 (b) CONSORTIA.— 

11 (1) ELIGIBILITY.—To be eligible to receive a 

12 grant under this section for the establishment and 

13 operation of a Hub, a consortium shall— 

14 (A) be composed of no fewer than 2 quali15 fying entities; 

16 (B) operate subject to a binding agreement 

17 entered into by its members that documents— 

18 (i) the proposed partnership agree19 ment, including the governance and man20 agement structure of the Hub; 

21 (ii) measures to enable cost-effective 

22 implementation of the program under this 

23 section; 


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1 (iii) a proposed budget, including fi2 nancial contributions from non-Federal 

3 sources; 

4 (iv) conflict of interest procedures 

5 consistent with subsection (d)(3), all 

6 known material conflicts of interest, and 

7 corresponding mitigation plans; 

8 (v) an accounting structure that en9 ables the Secretary to ensure that the con10 sortium has complied with the require11 ments of this section; and 

12 (vi) an external advisory committee 

13 consistent with subsection (d)(2); and 

14 (C) operate as a nonprofit organization. 

15 (2) APPLICATION.—A consortium seeking to es16 tablish and operate a Hub under this section, acting 

17 through a prime applicant, shall transmit to the Sec18 retary an application at such time, in such form, 

19 and accompanied by such information as the Sec20 retary shall require, including a detailed description 

21 of the elements of the consortium agreement re22 quired under paragraph (1)(B). If the consortium 

23 members will not be located at one centralized loca24 tion, such application shall include a communicaVerDate Mar 15 2010 03:46 May 19, 2010 Jkt 089200 PO 00000 Frm 00261 Fmt 6652 Sfmt 6201 E:\BILLS\H5325.IH H5325

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1 tions plan that ensures close coordination and inte2 gration of the Hub’s activities. 

3 (c) SELECTION AND SCHEDULE.—The Secretary 

4 shall select consortia for grants for the establishment and 

5 operation of Hubs through competitive selection processes. 

6 In selecting consortia, the Secretary shall consider the in7 formation a consortium must disclose according to sub8 section (b), as well as any existing facilities a consortium 

9 will provide for Hub activities. Grants made to a Hub shall 

10 be for a period not to exceed 5 years, after which the grant 

11 may be renewed, subject to a competitive selection process. 

12 (d) HUB OPERATIONS.— 

13 (1) IN GENERAL.—Hubs shall conduct or pro14 vide for multidisciplinary, collaborative research, de15 velopment, demonstration, and commercial applica16 tion of advanced energy technologies within the tech17 nology development focus designated for the Hub by 

18 the Secretary under subsection (a)(2). Each Hub 

19 shall— 

20 (A) encourage collaboration and commu21 nication among the member qualifying entities 

22 of the consortium and awardees by conducting 

23 activities whenever practicable at one central24 ized location; 


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1 (B) develop and publish on the Depart2 ment of Energy’s website proposed plans and 

3 programs; 

4 (C) submit an annual report to the Sec5 retary summarizing the Hub’s activities, includ6 ing detailing organizational expenditures, listing 

7 external advisory committee members, and de8 scribing each project undertaken by the Hub; 

9 and 

10 (D) monitor project implementation and 

11 coordination. 

12 (2) EXTERNAL ADVISORY COMMITTEE.—Each 

13 Hub shall establish an external advisory committee, 

14 the membership of which shall have sufficient exper15 tise to advise and provide guidance on scientific, 

16 technical, industry, financial, and research manage17 ment matters. 

18 (3) CONFLICTS OF INTEREST.— 

19 (A) PROCEDURES.—Hubs shall establish 

20 conflict of interest procedures, consistent with 

21 those of the Department of Energy, to ensure 

22 that employees and consortia designees for Hub 

23 activities who are in decisionmaking capacities 

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1 ing financial, organizational, and personal con2 flicts of interest. 

3 (B) DISQUALIFICATION AND REVOCA4 TION.—The Secretary may disqualify an appli5 cation or revoke funds distributed to a Hub if 

6 the Secretary discovers a failure to comply with 

7 conflict of interest procedures established under 

8 subparagraph (A). 

9 (e) PROHIBITION ON CONSTRUCTION.— 

10 (1) IN GENERAL.—No funds provided pursuant 

11 to this section may be used for construction of new 

12 buildings or facilities for Hubs. Construction of new 

13 buildings or facilities shall not be considered as part 

14 of the non-Federal share of a Hub cost-sharing 

15 agreement. 

16 (2) TEST BED AND RENOVATION EXCEPTION.— 

17 Nothing in this subsection shall prohibit the use of 

18 funds provided pursuant to this section, or non-Fed19 eral cost share funds, for the construction of a test 

20 bed or renovations to existing buildings or facilities 

21 for the purposes of research if the Oversight Board 

22 determines that the test bed or renovations are lim23 ited to a scope and scale necessary for the research 

24 to be conducted. 


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1 (f) OVERSIGHT BOARD.—The Secretary shall estab2 lish and maintain within the Department an Oversight 

3 Board to oversee the progress of Hubs. 

4 (g) PRIORITY CONSIDERATION.—The Secretary shall 

5 give priority consideration to applications in which 1 or 

6 more of the institutions under subsection (b)(1)(A) are 

7 1890 Land Grant Institutions (as defined in section 2 of 

8 the Agricultural Research, Extension, and Education Re9 form Act of 1998 (7 U.S.C. 7061)), Predominantly Black 

10 Institutions (as defined in section 318 of the Higher Edu11 cation Act of 1965 (20 U.S.C. 1059e)), Tribal Colleges 

12 or Universities (as defined in section 316(b) of the Higher 

13 Education Act of 1965 (20 U.S.C. 1059c(b)), or Hispanic 

14 Serving Institutions (as defined in section 318 of the 

15 Higher Education Act of 1965 (20 U.S.C. 1059e)). 

16 (h) DEFINITIONS.—For purposes of this section: 

17 (1) ADVANCED ENERGY TECHNOLOGY.—The 

18 term ‘‘advanced energy technology’’ means an inno19 vative technology— 

20 (A) that produces energy from solar, wind, 

21 geothermal, biomass, tidal, wave, ocean, or 

22 other renewable energy resources; 

23 (B) that produces nuclear energy; 

24 (C) for carbon capture and sequestration; 


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1 (D) that enables advanced vehicles, vehicle 

2 components, and related technologies that re3 sult in significant energy savings; 

4 (E) that generates, transmits, distributes, 

5 utilizes, or stores energy more efficiently than 

6 conventional technologies, including through 

7 Smart Grid technologies; or 

8 (F) that enhances the energy independence 

9 and security of the United States by enabling 

10 improved or expanded supply and production of 

11 domestic energy resources, including coal, oil, 

12 and natural gas. 

13 (2) HUB.—The term ‘‘Hub’’ means an Energy 

14 Innovation Hub established in accordance with this 

15 section. 

16 (3) INSTITUTION OF HIGHER EDUCATION.—The 

17 term ‘‘institution of higher education’’ has the 

18 meaning given that term in section 101(a) of the 

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

20 (4) QUALIFYING ENTITY.—The term ‘‘quali21 fying entity’’ means— 

22 (A) an institution of higher education; 

23 (B) an appropriate State or Federal entity, 

24 including the Department of Energy Federally 

25 Funded Research and Development Centers; 


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1 (C) a nongovernmental organization with 

2 expertise in advanced energy technology re3 search, development, demonstration, or com4 mercial application; or 

5 (D) any other relevant entity the Secretary 

6 considers appropriate. 

7 (5) SECRETARY.—The term ‘‘Secretary’’ means 

8 the Secretary of Energy. 

9 (i) AUTHORIZATION OF APPROPRIATIONS.—There 

10 are authorized to be appropriated to the Secretary to carry 

11 out this section— 

12 (1) $110,000,000 for fiscal year 2011; 

13 (2) $135,000,000 for fiscal year 2012; and 

14 (3) $195,000,000 for fiscal year 2013. 

15 Subtitle D—Cooperative Research 

16 and Development Fund 

17 SEC. 641. SHORT TITLE. 

18 This subtitle may be cited as the ‘‘Cooperative Re19 search and Development Fund Authorization Act of 

20 2010’’. 

21 SEC. 642. COOPERATIVE RESEARCH AND DEVELOPMENT 

22 FUND. 

23 (a) IN GENERAL.—The Secretary of Energy shall 

24 make funds available to Department of Energy National 

25 Laboratories for the Federal share of cooperative research 


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1 and development agreements. The Secretary of Energy 

2 shall determine the apportionment of such funds to each 

3 Department of Energy National Laboratory and shall en4 sure that special consideration is given to small business 

5 firms and consortia involving small business firms in the 

6 selection process for which cooperative research and devel7 opment agreements will receive such funds. 

8 (b) REPORTING.—Each year the Secretary shall sub9 mit to Congress a report that describes how funds were 

10 expended under this subtitle. 

11 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

12 are authorized to be appropriated to the Secretary such 

13 sums as are necessary to carry out this section each fiscal 

14 year. No funds allocated for this section shall come from 

15 funds allocated for the Office of Science. 

16 Subtitle E—Technology Transfer 

17 Database 

18 SEC. 651. TECHNOLOGY TRANSFER DATABASE. 

19 To support the commercial application of new energy 

20 technologies development by the Department of Energy, 

21 the Secretary of Energy may establish an online database 

22 of technologies, capabilities, and resources available to the 

23 public at the National Laboratories. 


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1 TITLE VII—MISCELLANEOUS 

2 SEC. 701. SENSE OF CONGRESS. 

3 It is the sense of Congress that, among the programs 

4 and activities authorized in this Act, those that correspond 

5 to the recommendations of the National Academy of 

6 Sciences’ 2005 report entitled ‘‘Rising Above the Gath7 ering Storm’’ remain critical to maintaining long-term 

8 United States economic competitiveness, and accordingly 

9 shall receive funding priority. 

10 SEC. 702. PERSONS WITH DISABILITIES. 

11 For the purposes of the activities and programs sup12 ported by this Act and the amendments made by this 

13 Act— 

14 (1) institutions of higher education chartered to 

15 serve large numbers of students with disabilities, in16 cluding Gallaudet University, Landmark College, 

17 and the National Technical Institute for the Deaf, 

18 and institutions of higher education offering science, 

19 technology, engineering, and mathematics research 

20 and education activities and programs that serve 

21 veterans with disabilities, shall receive special consid22 eration in the review of any proposals by these insti23 tutions for funding under the research and edu24 cation programs authorized in this Act to ensure 

25 that institutions of higher education chartered to or 


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1 serving persons with disabilities benefit from such 

2 research and education activities and programs; and 

3 (2) agencies with respect to which appropria4 tions are authorized under this Act shall also con5 duct outreach to veterans with disabilities pursuing 

6 studies in science, technology, engineering, and 

7 mathematics to ensure that such veterans are aware 

8 of and benefit from the research and education ac9 tivities and programs authorized by this Act. 

10 SEC. 703. VETERANS AND SERVICE MEMBERS. 

11 In awarding scholarships and fellowships under this 

12 Act, an institution of higher education shall give pref13 erence to applications from veterans and service members, 

14 including those who have received or will receive the Af15 ghanistan Campaign Medal or the Iraq Campaign Medal 

16 as authorized by Public Law 108–234 (10 U.S.C. 1121 

17 note; 118 Stat. 655) and Executive Order No. 13363. 

18 SEC. 704. BUDGETARY EFFECTS. 

19 The budgetary effects of this Act, for the purpose of 

20 complying with the Statutory Pay-As-You-Go Act of 2010, 

21 shall be determined by reference to the latest statement 

22 titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 

23 Act, submitted for printing in the Congressional Record 

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1 vided that such statement has been submitted prior to the 

2 vote on passage. 

3 SEC. 705. LIMITATION ON EMPLOYMENT AND RECEIPT OF 

4 FUNDS. 

5 No funds authorized under this Act shall be used for 

6 the employment of, or shall be received by, any individual 

7 who has been convicted of, or pleaded guilty to, a crime 

8 of child molestation, rape, or any other form of sexual as9 sault. 

10 SEC. 706. PROHIBITION ON LOBBYING. 

11 Nothing in this Act shall be construed to supercede 

12 section 1913 of title 18, United States Code. 

13 SEC. 707. INFORMATION REQUESTS BY LABOR ORGANIZA14 TIONS. 

15 (a) ELIGIBILITY FOR FUNDS.—Notwithstanding any 

16 other provision of this Act, an institution of higher edu17 cation that employs employees who are represented by a 

18 labor organization shall be eligible to receive funding for 

19 facilities and administrative costs for an activity or pro20 gram supported by this Act or the amendments made by 

21 this Act only if the institution maintains a policy that 

22 meets the requirements set forth in subsection (b). 

23 (b) REQUIREMENTS.—A policy described under sub24 section (a) shall require that the institution provide, within 

25 15 days of receipt of a request by a labor organization 


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1 representing employees of the institution, any information 

2 which the labor organization has a lawful right to obtain 

3 under applicable labor laws. Such a policy shall provide 

4 that, on a case-by-case basis, such 15 days may be ex5 tended to a longer time period by mutual agreement of 

6 the labor organization and the institution. 

7 (c) FAILURE TO COMPLY WITH POLICY.— 

8 (1) COMPLAINT OF NONCOMPLIANCE.—In the 

9 case of an institution of higher education that does 

10 not provide information requested by a labor organi11 zation in compliance with the requirements of a pol12 icy described in subsections (a) and (b), the labor or13 ganization may file a complaint of noncompliance 

14 with the head of the agency overseeing any activity 

15 or program supported by this Act or the amend16 ments made by this Act for which the institution is 

17 receiving funds. 

18 (2) NOTIFICATION TO INSTITUTION.—Upon re19 ceiving such a complaint, the head of such agency 

20 shall notify the institution of the complaint and pro21 vide the institution an additional 30 days to provide 

22 the requested information to the labor organization 

23 or otherwise explain why the complaint of non-com24 pliance is not valid. 


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1 (3) AGENCY ACTION.—If the information has 

2 not been provided by the institution at the conclu3 sion of such 30 day period and the head of such 

4 agency determines the complaint to be valid, the 

5 head of such agency shall suspend payment of any 

6 funds for facilities and administrative costs that 

7 would otherwise be available to such institution for 

8 all activities and programs supported by this Act 

9 and the amendments made by this Act until such 

10 time as the requested information has been provided 

11 by the institution. 

12 (d) DEFINITIONS.—For purposes of this section— 

13 (1) the term ‘‘institution of higher education’’ 

14 has the meaning given such term in section 101(a) 

15 of the Higher Education Act of 1965 (20 U.S.C. 

16 1001(a)); and 

17 (2) the term ‘‘facilities and administrative 

18 costs’’ means facilities and administrative (F&A) 

19 costs as defined in the Office of Management and 

20 Budget Revised Circular A–21 (Cost Principles for 

21 Educational Institutions, published in the Federal 

22 Register on May 10, 2004). 

23 (e) EFFECTIVE DATE.—This section shall take effect 

24 on January 1, 2011. 


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1 SEC. 708. LIMITATION ON USE OF FUNDS. 

2 No funds authorized to be appropriated by this Act 

3 or the amendments made by this Act may be used to pur4 chase gift items, knickknacks, souvenirs, trinkets, or other 

5 items without direct educational value. 

6 SEC. 709. NO SALARIES FOR VIEWING PORNOGRAPHY. 

7 None of the funds authorized under this Act may be 

8 used to pay the salary of any individual who has been offi9 cially disciplined for violations of subpart G of the Stand10 ards of Ethical Conduct for Employees of the Executive 

11 Branch for viewing, downloading, or exchanging pornog12 raphy, including child pornography, on a Federal Govern13 ment computer or while performing official Federal Gov14 ernment duties. 

Æ 


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